HomeMy WebLinkAboutFishers Island Police MOA RESOLUTION 2023-979
ADOPTED DOC ID: 19722
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-979 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 21,2023:
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Memorandum of Agreement between the Town of Southold and the Southold Town Police
Benevolent Association, Inc., concerning the establishment and continuation of police functions
on Fishers Island, and hereby authorizes and directs Supervisor Scott A Russell to execute said
Memorandum of Agreement dated November 21, 2023 on behalf of the Town.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell
Dece m ber
Memorandum of Agreement made this ed
of�r 2023 by and between the
Town of Southold and the Southold Town Police Benevolent Association, Inc. ("the PBA").
WHEREAS, the Town and the PBA are parties to a collective negotiations agreement
covering the period January 1, 2022 through December 31, 2025 ("the CBA"); and
WHEREAS, on or about October 31, 2023, the New York State Troopers ceased
performing police functions on Fishers Island; and
WHEREAS, the parties have discussed the manner in which the Town will exercise its
discretion to assign PBA Unit Members ("employees") to police functions on Fishers Island; and
WHEREAS,the parties have reached an agreement and desire to codify it in this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and the Recitals set forth above, which are incorporated into this Agreement as though
more fully set forth in this Agreement,the parties hereby stipulate and agree as follows, effective
November 1, 2023:
1. The Town will exercise its discretion by assigning two employees to each tour of
duty on Fishers Island whenever the Town determines, in its sole, non-reviewable, discretion,to
assign employees to regularly perform police duties on Fishers Island.
2. The Town will exercise its discretion by providing employees with transportation
to/from Fishers Island for any shift on which the Town determines, in its sole, non-reviewable,
discretion,to assign employees to regularly perform police duties on Fishers Island.
3. The Town will exercise its discretion by providing employees with living quarters
(including linens and towels) and a scheduled cleaning service for same while employees are
regularly assigned to regularly perform police duties on Fishers Island.
4. CBA Section 9.2(b) (Recall)will apply to any employees regularly assigned to
perform police duties on Fishers Island.
5. Travel time between Fishers Island and Headquarters (or the employee's home, if
closer than Headquarters) exceeding the regular work shift, if any, will be paid at time and one-
half the employee's regular hourly rate of pay on any shift on which the Town determines, in its
sole, non-reviewable, discretion,to assign employees to regularly perform police duties on
Fishers Island.
6. Each employee regularly assigned by the Town in its sole,non-reviewable
discretion to perform police duties on Fishers Island will receive a$69 per day meal stipend.
7. The Town's assignment of employees to regularly perform police duties on
Fishers Island is being implemented and may be at any time terminated at the Town's sole, non-
1
reviewable discretion and will not create an expectation that this work will be exclusively
performed by PBA Unit Members.
8. This Agreement satisfies the Town's duty, if any, to negotiate with the PBA
regarding its decision to regularly assign PBA Unit Members to perform police duties on Fishers
Island, and the impact of that decision, if any, on employees.
9. Notwithstanding anything to the contrary in CBA Section 16, the term"non-
disciplinary grievance," as used in the CBA, will exclude IT 7, 8 and 11 of this Agreement.
10. The CBA will remain in full force and effect except as explicitly modified in this
Agreement.
11. The existence of this Agreement, and any matters relating to its development,
implementation or termination, may not be referenced to by the PBA in any subsequent
proceeding before a neutral party including, but not limited to, one involving PERB, mediation,
arbitration, interest arbitration or any other administrative proceeding, except to enforce the
provisions of¶¶ 1-6 herein.
12. This Agreement represents the entire agreement between the parties with respect
to the assignment of employees to perform police duties on Fishers Island. There are no other
agreements, oral or otherwise.
13. This Agreement may be executed with original signatures in.counterparts, or by
facsimile or PDF-scanned signatures in counterparts, which will be deemed legally binding as
fully as an original signature.
14. This Agreement is subject to ratification by the Town Board via a duly adopted
Resolution. If the Board does not ratify this Agreement, then it will become null and void and no
adverse inference will be drawn against either party by virtue of it having entered into it.
FOR THE •OWN: FOR T E PBA:
Date: 1,01151�Oa`� Date: a (�
2
a ti�
O
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 ��al� �M®1.�jp
To: Denis Noncarrow, Town Clerk
�Q
From: Missy Mirabelli
Secretary to the Town Attorney
Date: December 6, 2023
Subject: Town of Southold and PBA MOA- Fishers Island Patrol,
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: PBA