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Home My WebLink AboutGrattan, Steven t RESOLUTION 2023-708 ADOPTED DOC ID: 19408 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-708 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 15,2023: RESOLVED that the Town Board of the Town of Southold hereby appoints Steven Grattan to the position of Captain for the Police Department, effective August 16, 2023 at an annual base salary of$187,155.00. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell �FFotk S 0/1 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 To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: September 25, 2023 Subject: Agreement Between Town of Southold and Captain Steven Grattan With respect to the above-referenced matter, I am enclosing an original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures CC: Accounting t Agreement made thisamay of September,2023 between the Town of Southold("the Town") and Police Captain.Steven Grattan. WITNESSETH: WHEREAS, the Town desires to provide Grattan with written terms and conditions of employment in order to enhance administrative stability and continuity within the Town, which the Town believes generally improves the quality of its overall mission; and WHEREAS,the Town and Grattan believe that written terms and conditions of employment are necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the Town; and WHEREAS,this Agreement supersedes any and all prior agreements between the parties; and WHEREAS,this Agreement has been discussed by the parties and said discussions and agreements have been reduced in writing in the Agreement, which cannot be, in whole or in part, amended orally by the parties. NOW THEREFORE, in exchange of the mutual covenants and considerations, it is agreed that the terms and conditions of employment of Grattan in his position as Captain, will, effective retroactive to August 16, 2023, except as otherwise set forth herein, be as follows: SECTION I—SALARY Grattan will receive the following annual base salary retroactive to August 16, 2023: $187,155. SECTION II—LONGEVITY PAY Per the 2022-2024 PBA CBA, Sections 10 and 23, except that Grattan will receive seven percent of his annual salary as longevity pay. SECTION III-UNIFORM CLEANING AND EQUIPMENT ALLOWANCE Per the 2022-2024 PBA CBA, Sections 21.1, 21.3, 21.4. i SECTION IV—COLLEGE CREDIT Per the 2022-2024 PBA CBA, Section 11. SECTION V—GENERAL MUNICIPAL LAW SECTION 207-C Per the 2022-2024 PBA CBA, Section 4. SECTION VI—HOURS OF WORK Grattan will work whatever hours of work are required for the efficient and professional administration of the Police Department. The minimum basic workweek will be the same as those of the PBA members under his supervision. There will be no maximum number of hours of work per week. Grattan is not entitled to earn, accrue or be paid for overtime or compensatory time. It is not expected that Grattan will be assigned to work the midnight shift, except in a situation involving police necessity. However, because of his duties, Grattan is required from time to time to work hours into the evening covered by night tour differential in the PBA CBA. Because of these requirements, Grattan will be entitled, effective August 16 , 2023, to a night differential stipend equal to that of a PBA member working a two-tour schedule as per 2022-2024 PBA CBA, Section 9.3(b). SECTION VII—LEAVES OF ABSENCE, SICK DAYS, HOLIDAYS A. Personal Days. Per the 2022-2024 PBA CBA, Sections 7.7(a-c) and 23, except that"officer in charge" will be amended to "Chief of Police." B. Sick Leave. Per the 2022-2024 PBA CBA, Sections 7.2(a-e) and 23. C. Holiday Pay. Per the 2022-2024 PBA CBA, Sections 7.4(a-b) and 23. D. Bereavement Leave. Per the 2022-2024 PBA CBA, Section 7.8. SECTION VIII—VACATIONS Per the 2022-2024 PBA CBA, Sections 6 and 23, except for Sections 6.4 and 6.7, and except further that Grattan is entitled to 28 working days' vacation per calendar year. SECTION IX-HOSPITALIZATION Per the 2022-2024 PBA CBA, Section 12. -2- SECTION X—BENEFIT PLAN Per the 2022-2024 PBA CBA, Section 15. SECTION XI—RETIREMENT BENEFITS Per the 2022-2024 PBA CBA, Section 8. SECTION XII—DEATH OF EMPLOYEE Per the 2022-2024 PBA CBA, Section 14. SECTION XIII—GRIEVANCE PROCEDURE Per the 2022-2024 PBA CBA, Section 16, except that a"grievance" will be defined as a violation of a specific provision of this Agreement, and except further that Step 3 will not apply. SECTION XIV—GENERAL PROVISIONS A. Defense and Indemnification. The Town agrees to provide legal counsel, either the Town Attorney or special counsel, to defend Grattan in any action arising out of an assault on Grattan on Town business, and the Town hereby agrees to defend,' indemnify and hold Grattan harmless for any and all acts performed for the Town, its agents and employees, provided that Grattan was acting within the scope of his employment. In the event Grattan is appointed, authorized or directed by the Town or one of its agencies to represent it as a member of the board of directors of an organization or agency, then he will be covered by the provisions of Public Officers Law Section 18 and Town Code Chapter 8 pertaining to the defense and indemnification of officers and employees of public entities, provided Grattan is otherwise eligible for coverage pursuant to the terms of those provisions. _. B. Vehicle. A Town-owned vehicle will be supplied,maintained and fueled by the Town and assigned to Grattan for his business use. The use of the vehicle will be consistent with Police Department guidelines and policies. C. Ethics Disclosure. Per the 2022-2024 PBA CBA, Section 26. D. Recognition. The Town recognizes that Grattan may be represented by a representative(s) of his own choosing, pursuant to any applicable provisions of law. SECTION XV—TERM OF AGREEMENT This Agreement will be effective retroactive August 16, 2023 and will immediately terminate upon Grattan's separation from employment with the Town. -3- r During the term of this Agreement and upon the request of either Grattan or the Town, the other may agree to reopen this Agreement for further discussions. SECTION XVI—EFFECT OF AGREEMENT There are no oral agreements that modify the terms-of the Agreement. Any future modifications to this Agreement must be written and signed by the Town and Grattan. IN WITNESS WHEREOF,the parties hereto,by their duly authorized representatives, have executed this Agreement on the day and year stated above. Town Board of the Town of Southold Steven Grattan STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the o�tVLof September in the year 2023 before me, the undersigned,personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within, instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public MICHELLE L TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK STATE OF NEW YORK) No. 01 TO6156671 ss.: Qualified in Suffolk County COUNTY OF SUFFOLK) My Commission Expires 11-27-2026 On the 1!5t4�of September in the year 2023 before me, the undersigned, personally appeared Steven Grattan personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. ota �Vp&M BF FL NOTARY PUBLIC uU IFII STATE OF NEW YORK -4- NO. OIBL6258145 RCOMLMISSION EXPIRES%6/24