HomeMy WebLinkAboutPBA MOA RESOLUTION 2023-632
3
ADOPTED DOC ID: 19325
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-632 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 18,2023:
RESOLVED,that the Town Board of the Town of Southold hereby ratifies and approves the
terms and conditions of the Memorandum of Agreement between the Town of Southold,the
Southold Town Police Benevolent Association and Police Officer Daniel Lillis dated July 11,
2023; and be it further
RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute said Memorandum of Agreement, subject to the approval
of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
i
� e
07/11/2023
STIPULATION OF AGREEMENT,made and entered into this /3 day of July 2023
by and between the Town of Southold, Police Officer Daniel Lillis and the Southold Town
Police Benevolent Association.
WHEREAS, Daniel Lillis is employed by the Town as a Police Officer; and
WHEREAS, Officer Lillis has been assigned to the East End Drug Task Force
performing duties as defined in Civil Service Law Section 58(4)(c)(ii); and
WHEREAS,the Officer Lillis is approaching his 18-month time limit for mandatory
promotion to the rank of Detective while assigned at the East End Drug Task Force and the
Town has notified Lillis that it intends to remove him from this assignment so that it does not
ripen into a permanent designation as detective or investigator as contemplated by the statute;
and
WHEREAS, Lillis wishes to remain in his assignment and the Town is amenable to same
provided that it is so that it does not ripen into a permanent designation as detective or
investigator.
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
1. The term of this Agreement shall be 12 months from the date of complete ratification
by all parties. It shall automatically renew for another 12-month term if all parties are
amendable. Notice of an intention not to renew must be made at least 30 calendar
.days prior to the expiration of then current term.
2. The Town agrees to exercise its discretion to temporarily continue Officer Lillis'
assignment to the East End Drug Task Force.
3. Officer Lillis hereby waives any and all claims he may have pursuant to applicable
law, rules and regulations including, but not limited to, Civil Service Law and the
Town/PBA collective bargaining agreement, to a permanent detective and/or
investigator appointment notwithstanding his continuation in the East End Drug Task
Force assignment for a period in excess of 18 months.
4. The Town retains the right to reassign Officer Lillis from this assignment at any time
and for any reason not prohibited by law or the collective bargaining agreement.
5. Officer Lillis represents that he has been given an opportunity to review and discuss
his legal rights with his attorney or representative. Officer Lillis further represents
that he fully understands the terms of this Agreement and that he knowingly,
voluntarily and freely agrees to them, including the waiver of any right he may have
pursuant to applicable law, rules and regulations including, but not limited to Civil
Service Law and the Town/PBA collective bargaining agreement.
d 1
07/11/2023
6. This Agreement, including this paragraph,may only be modified by a written
agreement executed by all parties.
7. This Agreement is non-precedent setting and may not be referenced by Officer Lillis
or the PBA in any future matter involving the Town except for the purpose of
enforcing the Agreement's terms.
8. This Agreement is subject to ratification by the Town Board. In the event that the
Board does not ratify this Agreement,then it shall become null and void and no
adverse inference shall be drawn against either party by virtue of having entered into
it.
Town of Southold Southold To ,Police Benevolent Assn.
By: Scott A. Russell, Supervisor By: Det.Roman Wilinski, PBA President
I
Police Officer Daniel Lillis
G '
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
RSDEI VED
To: Mr. Denis Noncarrow, Town Clerk
From: Melissa Mirabelli JUL 2 7 2023
Secretary to the Town Attorney
Southold town Clerk
Date: July 26, 2023
Subject: MOU PO Lillis
With respect to the above-referenced matter, I am enclosing the original application with
committee comments and resolution of Town Board approval of event.
If you have any questions regarding the enclosed, please do not hesitate to call me.
Thank you.
/mm
Enclosures