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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