HomeMy WebLinkAboutPBA Contract10/23/00
AGREEMENT
BETWEEN
~ TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 2000 - DECEMBER 31, 2002
SUBJECT
Additional Compensation
Amendments
Apportionment of Benefits
Benefit Plan
College Credit
TABLE OF CONTENTS
SECTION
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11
Compensation for Court Attendance and Overtime Work 13
Compensation-Injured Employees 4
Death of Employee 14
D~scipline and Bill of Rights 17
Employer-Employee Relations and Grievance Procedure 16
Ethics Disclosure 26
Hospitalization 12
Leave of Absence, Sick Days, Child Care and Holidays 7
Legislative Approval 22
Longevity Pay 10
Managemem Rights 2
No Strike Pledge 20
Notice of Promotions 5
Personnel Records 18
Protection of Employees 3
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THIS AGREEMENT made lhis 6~, day of~$une, 2000, by and between lhe TOWN OF
SOUTHOLD, a municipal corporation ofthe State of New York (here~after referred to as the
To.~wn) and the SOUTHOLDTOWN POLICE BENEVOLENT ASSOCIATION, INC., a
membe~hip corporation o£the Stale of New York 0~ereinafter referred to as the PBA or
Association).
WITNESETH:
WHEREAS, Article 14 of the Civil Service Law provides that public employees shall
have the right to be represented by employee organizations to negotiate collectively with their
.public employer in the determination of their terms and conditions of employment, and to enter
into written agreements with respect thereto; and
WHEREAS, the PBA has been.certified as the employee organization, as a result of an
election, to:represent all uniformed members of the Police Department of the Town of Southold,
including all police officers, sergeants, lieutenants and detectives, excluding the Chief of Police;
and all other employees, said included members of the Police Department hereinafter referred to
as ~'employees";
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 1. RECOGNITION
1.1 The Town does hereby recognize the PBA as the exclusive emp~o7_ee o_rg~ni?ation to
reptesent~eempl(~es and extends to the PBA th~'~lloWing rights:
to represent the employees in negotiations and in the settlement of grievances; and
b. to membership dues deduction, upon presentation of dues deduction authorization cards
signed by individual employees.
SECTION 2. MANAGEMENT RIGHTS
2.1 Not contrary or inconsistent with the terms of this Agreement or civil service law, the
Town reserves the right to determine the standards of law enforcement and related services to be
offered by its Police Department; to set the standards of selection for employment; m direct its
employees; to regulate work schedules; to take disciplinaU action; to abolish positions; to
maintain the efficiency of governmental operations; to determine the content ofjob
classifications subject to Civil Service Commission approval; to take alt necessary actions to
carry out its mission in emergencies; and to exercise control and direction over its organization
and techn61ogy of performing its work
10~3~0
SECTION 3, PROTECTION OF EMPLOYEES
3.1 Seniority
a. Seniority shall be determined on the basis of continuous employment in the Southold
Town Police Department. Additionally, an employee who has been transferred from another
Police Deparunent within Suffolk County to the Sonthotd Town Police Department shall receive
credit for purposes of seniori .W for. continuous time served in such other Police Departments in
'Suffolk County.
b. Effective August 8, 2000, is determined: first, by rank; second, by continuous service in
rank; th/rd, by date of appoinlraent to previous rank or ranks; fourth, by the date of appointment
to Department (any Member who has been transferred from another police force within Suffolk
County shall, for the purpose of determining seniority, be credited with such prior service); .fifth,
by highest scor~ on the civil service I/si from which appointments were made at the time of the
initial appointment examination; sixth, byage (older Member is senior); and seventh,
alphabeticallySy surname.
3.2 Legal Services
The Town shall provide legal services to an employee against whom an action or
proceeding has been commenced involving any matter occurring within the scope ofhis/he~
employment as an officer or employee of the Town.
3.3
Seasonal Police Officers
a. The Chief of Police, or his/her designee, shall have the tight to deploy "Certified
Seasonal Police Officers" who are actually on duty to perform functions (other then actual sector
assignments) that are deemed necessary by the Chief of Police, or his/her designee.
b. Notwithstanding the above, Seasonal Police Officers may be used for all other
assignments, including sector assignments, when the fuli-time compliment of Police Officers is
depleted due to court appearances, medical absence or vacations, or m emergency conditions
when the full-time compliment of Police Officers is insufficient to insure adequate protection of
life and property.
SECTION 4. COMPENSATION-INJURED EMPLOYEES
a. Employees who sustain physical injuries in the performance of their duties shall
provide the Town with copies of any medical reports prepared by the employee' s doctor related
to their injury. Except as provided in subparagraphs b through h, the employee shall receive full
salary, including ali compensation entitlements, during the period of disability or until eligible
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for a~'disabitity peilsion, or death, whichever Shall first ~cCur. Any gUms received by such
~mployee trader ~he provisions of the Workers' Compensation Law for lost earnings as result of
such injur~ shall be paid by such employee to the Town.
b. In the event a certified physician selected bythe Town fin&said disabled employee
to remm to duty, it is the responsibility of the employee to do so.
Failure On ~he part ~fthe~emploF~e to return to duty after b~h~gmotified tlmt he/she has
been found frt tO perform .~?her l~liceduties, it mthen recumbent upon the employee to request
a 207-c hearing p~suant t0 .Gener~ Municipal Law;
d. When an employee requests a 207-c heating, then he/she must utilize all of his/her own
accrued leave entitlements if the~employee wishes to remain in a leave with pay-stares, pending
the resolution of the 207-c Heating Officer's recommendations. In the event no such leave
entitlements exist;the employee will:be placer} in ano-pay stares, pending the resolution of the
207-c hearing.
e. Regardless of whether they are in a paid leave or no-pay status, the only benefit the
employees may receive is holiday compensatiom
£ The Hearing Officer, at the conclusion of the 207-c hearing, shall as soon as reasonably
.possible forward his/her findings and recommendations to the Town Board.
g. ShoMd the Town Board findin favor of the disabled Police Officer, then all leave
~enutlement~ utilized from his/her a~ed 16ave bank shall be restored. This sl-iail~-so~
holiday and nigh~ shift differential if the employee is eligible to receive same.
h. Should the Town Board find the Police Officer fit to remrn to duty and said employee
disobeys such directlye from the Town, he/she then may fase disciplinary action, which may
include suspension and/or discharge.
SECTION 5. NOTICE OF PROMOTIONS
5.1 Notice of ail promotional positions in the Town Police Department shall be posted on
available bulletin boards at police headquarters and alt employees shall be given an opportunity
to make application for such positions.
5.2 An emp!oyee who is scheduled to take a Town police-related departmental promotional
examination shall be entitled m eight (8)consecutive hours off-duty prior to the scheduled time
of such examination provided:
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a. Ti/if the Officer is scheduled for the tour immediately prior So the ~e'Of
commencement of the examination.
Such off-duty time shall be with pay.
SECTION 6. VACATIONS
6.1 The Tovm will adopt the vacation schedule as follows:
Start through first year - five (5) working days,
Second through fifth year - sixteen (16) worldng days.
Sixth through ienth year - nineteen (19) worldng days.
Eleventh through fifteenth year - twenty-two (22) workingdays.
Sixteenth through twentieth year - twenty-eight (28) working days.
6.2 Members shall not be entitled to accumulate more than fifty percent (50%) of their
unused vacation from year to year. The balance of vacation leave may be accumulated as set
forth above and payment made upon reasonable notice in accordance with this Section.
Requests for payments in excess of five thousand dollars ($5,000.00) ~Us[ be in writing
and.su~~~x~ni:~ri0r to September I of the yea~p~eceding the year in'which payment
is to be made, with the exception of the last year of work prior to retirement when no notice is
required. Notwithstanding the above, however, a member shall only be-allowed to carry over a
maximum of eight (8)unused vacation days in the following calendar year for purposes of
additional ~acationonly. Az member who has accumulated unused vacation days may apply only
eight (8) of those days to the following year's schedule. Under no c~rcumstanees shall a member
be entitled to_actually take more vacation days than is provided forJn Section 5.1 a. through 5.1
e. above, with the exception that a member may add an additional eight (8) days from the
previous year. For example, a member may not take more than twenty-four (24) actual vacation
days in his/her second through fifth year, twenty-seven (27) in his/her sixth through tenth, thirty
(30) in his/her eleventh through fifteenth and thirty-five (35) in his/her sixteenth through
twentieth~
6.3 Employees who so des/re may volunteer to work, if acceptable to the Department,
during theft annual vacations. Such work will be compensated at straight time, unless an
employee works in excess of eight (8) hours. Such volunteers may be assigned to any normal
police duties.
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6.4 An empl0ye~, Lf transferred not by choice from one squad to another, shall have the
right to maintain h/s/her previously selected vacation.
6.5 If any employee is on h/s/her first week of vacation and is outside the Town, and is
recalled from vacation to active duty, he/she shall be given credit for an additional five (5) days
vacation time. Such employee shall also be paid for his/her necessary travel expenses incurred in
remrmng to active duty.
6.6 An employee on vacation may sign out on sick leave if sickness or injury occurs while
on vacation and hefshe is confined to his/her residence or is'hospitalized. Sickness is to be
verified by.physician's certificate. Time of sickness or injury shall notbe charged to vacation
time of employee, but shall he charged to sick leave.
6.7 Employees with more than one (1) year of service in the Police Department shall be
permitted to divide their vacation time into a maximum of ten (10) one (1) day segments,
provided that the Chief of Police, or his/her designee, receives sufficient notification to arrange
for rescheduling of tours of duty. Vacation time, other than one (t) day segments, shall be
scheduled on ~he basis of seniority, in the following manner ro wit:
a_ Fffs~ selection - on the basis of seniorky within rank: all employees shall seleet the time
of their vae~afion.
b. Second selection - after all employees have made a first selection as provided in
paragraph ~ above, those employees who have elected to divide their vacation time shall make a
s~o~d ~~a';~n Seniority within rank. -
c. Th[rd selection - after making the second selection, as provided in paragraph b, above,
the employees with remairdng 7vacation periods due them shall make a final selection of time
when the remainder of their vacation shall be taken, based on seniority'within rank.
Two (2) sergeants may take their vacauon at the same time, provided that the same is
approved by the Ch/el or officer in charge, and farther provided that the same does not result in
overtime being paid to other members of the Police Department.
One (1) employee from each squad may be on vacation at the same time.
6.8 Betwe. en Memorial Day and Labor Day, employees total vacation picks may not exceed
seven (7) days. This shall not in any way affect an employee' s ability to request and take single
vacation days during this same perio&
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~SBcf~i0N 7. ~LEAVE OF ABSENCE, SICK DAYS, CHILD Ca. RE AND HOLl]DAYS
7.1 Leave of absence without pay shall be granted to employees in accordance with the
provisions of Rule 18 of the Rules of Classified Civil Service of Suffolk County and the
provisions of Seetion 243 of the Military Law. of the State of New York.
'7.2 a. All emplosrees shall be entitled to fifteen (15) sick days in each calendar year. Unused
!si~k-Ieave may be.accnmula~ed up'to a maxJraum ofthree ~ed (300) days. Upon retirement,
,eack emPloyee sh.all:be, enti~ ed t~be c~.n?mmafed for ~die -¢alue o f one. hundred (100%) Percent
:of ~he first tw~.kundi~ (200) day$.ofhiS/ker aecuinulate0]unused~sick leav. e, or any. portion .
~hereof~ ~ditional~:yl an!employe, e shall b~,enfitked to, reeve pa .5,mom~ ~ ~or~an additional forty:
,O0) unused sleg(~a~Ys, be/fo!ad the !3vo !~mi.'drecI'(209~ ) ~ay mex~m~m ~ the r~e of one (1) day of
pay fOr each tv~o (~)~da~y~:0{Imus~fl S£ck leave. T~le Town Board sha!'[ [,c ibc option ~ pay the
.~sam~ to the empi~oy, ee, eisa; ia a ~'sam:payment~a~ the ~ime 0t~¢ emPlogee's retirememor
in regUta~ p.ayrol[' p~tyme~ ~ly prlor~to bade ~etiremenl~
7.2 b. The Ckiefof?01ice, in the exercise of his/her discretion, may request written
physician's certificate in all cases where an employee is absent by reason of illness, the cost
thereof'to he paid by the Town.
7.2 e. When an employee, due to illness, falls to complete.a tour of duty, the remaining
mount Of time, left in that tour shalI be deducted from said employee's sick leave.
__:__7.2 ri.. An employee may use ~p_to five 5~. da__7~¢k leave'' per calendar year in ~e e_vent_that
.an employee's spouse Of immediate' family living in the household cannot take care of .
themselves or take care of the children of the employee for which the employee has the
responsibihty of aparent or-guardian. To be entitled to such leave, the employee must furnish
proof of such incapacitating illness and of the employee's responsibility as a parent or guardian.
7.2 e. An employee may receive payment during the month of December for up to three (3)
unused sick leave days if the employee submits such a request in writing to the Town by on or
before November 15 of that year.
7.3 An employee shall be granted a leave of absence not exceeding two (2) years without
pay by reason of preguancy of the employee. Such employee, upon the expiration of such period
of leave of absence, shall be restored to the same or comparable position of employment, if the
same is available. The Town shall continue the employee's major medical/hospitalization
benefits for a period of three (3) months beyond normal entitlements during such leave.
Thereafter, at the option of the employee, the employee shall be entitled to continue such benefits
at the employee's own expense.
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7.4 a. Eac~ employee shall be entitled to receive equivalent time off or receive compensation
~in, lieu of such equivalent time off for the following holidays, whether or not such employee was
~req~ .~ed to report,for duty on such days, to wit: the first day of Januarf, known as New Year's
~DaB the third Monday of January, known as Martin Luther King, Jr. Day, the 12m day of
February, known as LinColn's bkthday; the third Mondayin February, known as Washington's
birthday; Easter Sunday; the ~last Monday of May, known as Memorial Day; the 4m of ~-uly,
~Ow~. ~ !¢~ ~adeace Day, fi!e- first Monday in'~ept~er, knowna~Labor Da~ tt~e second
iM,d~.daY m~Oatober,.kn, .o~,~ as-C¢;m~bns,D ~ay; ~e first 'l~gesday after the firstM~nda.y m
~ aaE!~ ~eq~.n Da~, ~ t~ .day 0£Novmber, known, as Vetergn s Day, the
i ~/}q0,~mb~, k~Pw~ D~ty~.,ffte,25~.day~afiDecember, known as
~Ctfiistmas Day.
7.4b. Employees who acmatly work on a designated holiday shall receive four (zD hours of
addifional~cempensation for working that particular holiday.
7.5 For the purpose of implernenting.the provisions of Section 7.4, on January 1~ of each
year, each employee will be credited with the total number of holidays to which he/she is entitled
for the ensuing year. On or before December 1~' of each year, the Police Department shall
prepare and submit to the Supervisor a schedule indicating the total number of holidays that each
employee is entitled to for such year, the total number of holidays charged against each employee
for such year'and the total number of holidayS remaining due to said employee. On or before
D~ember 15th of such year, the Town shall payto-each, employee a sum equal to the number of
holidays remaining;due to each employee.';'~.employe, e who separates from service after he/she
received the benefits 0fthis section and prior~o a .h.~day for which he/she has been
compensated; shal~ have deducted ~~~ payroll check an amount eqmvalent to the
compensation received for said holiday.
7.6 Employees shall be entitled to be absent from duty without pay at such time and for
such duration as the Chief of Police or officer in charge may in his/her discretion approve-for the
purpose of attending business affairs.
7.7 m Employees shall.be entitled to four (4) days personal leave of absence with pay each
calendar year for the purpose of attending to personal matters, provided that the time of taking
such leave shall be approved by the officer in charge.
7.7 b. If an employee submits his/her request for a personal day at least five (5) days prior to
that day, no reason for the leave shall be required.
7.7 c. If said request is received tess than five (5) days piior to the requested day, the reason
justifying the need for said personal day shall be submitted. However, permission for a personal
leave day shah not be withheld if there are adequate personnel available to fulfill the staffing
needs of the Department.
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7.8 Amemployee,~on application of his/her commanding officer, shall be granted four (4)
continuous days, including scheduled days off with ~ pay, in case of death in his/her
"immediate family", which shall be defined as spouse, child, father, stepfather, mother,
stepmother, brother,' sister, parent-in-taw, son-in-law and daughter-inqaw. An employee shall be
_granted one ( 1)' working davy off to attend the funeral 0f his/her grandparent, brofiler-in-taw,
sister-hMaw~ foster parent, 'foster child, niece, nephew, uncle, aunt, haft-brother or half-sister.
~Cu~ dp ~at~ ~ S and ~0~te~p~en.ts shall, be included among thos~ for whom four days death leave is
htim~,'~.i'd~ ~.hi/'~S necc.q.q~rv.'ifth~ e~rrr01oyee, att~nds thee. funeral, and he/she~as demonstrated to
~,cc~ ,un;m.t'i m oFiiccr tiun li",crc ha; beer~ a:s~ie ~n~tly clos~ tel°Ii ~°'a~ ~1~ th~'he~.s~e, would
nol-mal~.~ bo'. expccm¢! to nccd .suc~x art.auro~tof~W~ay.~ ~ for travel
7.9 The PBA President shall be entitled to sixteen (16) paid leave days per year (I 7
effective J~mmary 1, 2001, I8 effective January 1, 2002) in addition to the varions leave benefits
pmviaed ~.in this,contract,, for the purpose of attending PBA meetings, conventions and other
lik~ continents, If, for whatever reason, the President is unable to attend these functions,
he/she mag deleo~ate the Vice President or the Secretary/Treasurer a5 the President's
representable. The Suffolk County Police Conference Director shall be entitled to three (3) paid
leav~ d~ys~er year to attend the various conference functions. The Chief shat[ continue to have
the righ~ to ~Ieny a request for paid leave days due to Departmental needs.
7.10 The PBA,,shall designate, a maxAnmm of two (2) of its members, in advance, to attend
a~y~formal'~got!ation segsmn.with the Town~ or ~ts representative. !u the'event any such
dcsi~natC'd inember is scl~eduled to work on the calendar day of the schedule negotiating session,
sttc[1 ln;Jil'lbar sh[ I1 bc cxm. soc ['rolll his'her tour of dray for that' ~al~~-sl~ be'deemed
to ~be on dung,: for all other purposes. TI*~ shall m no way hmo the a,ctual number of
rePres~ema,~s attending and/or parficipatipgin any negotiating s?mon, but shall only limit
those beCk,aid during their attendance~ t~or purposes nflhis section, file:calendar day shall
include ~e~fay before a midrdght tour orthe day, after,~e m~dnight[Iour;
7.11 a~ Th~ e~isfing duty chart of three (3) rotating tours of duty (i.e., 8:00 A.M. to 4:00 P.M.;
4.-I)0 P.lvL to 12:00 Midnight; and 12:00 Midnight to 8:00 A.M.) shall be continued. Members
shall ha~e tile right to choose'two (2) paid leave days ("RDO's") per cycle on a seniority basis
witl~ the 8outhold Police DepartmenL A, cycle shall be defined as one complete set of three (3)
tour rotations. The dffty chart shall be 259 days per year. PersoImel appointment after January
30, 1996, for file first two (2) years oftheht employment only, shall work 260 days per year.
7.11 b. At the discretion of the Chief of Police, a new patrol squad of fall-time police officers
may be established to ~vork two (2) rotating tours (i.e., 8:00 A.M. to 4:00 P.M.; 4:00 P.M. to 12
Midnight). The assignment of officers to this squad shall be as ~ollows. Not fewer than one-half
of the squad members who volunteer for the assignmen~ shall be assigned by seniority, provided
they meet or exceed the performance standards, and qualifications, set by the Chief. The
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~cu-naiui~g ~ssignmen~s SI~ll bemade by the Chief. utilizing the same critei-ia~ A~'m~ einber may be
removed from this assignment if deemed as not meeting either or both of these er~terim In this
event, the employee may request a review by a four (4) member labor~managemen$ c0mm/ttee
~qonsisting of the CkiefiofPolice and Ms/her designee along with~the PBA President and his/t~e~r
designee, which stroll meet. upon written reo~est to monitor/discuss the matters pertaining to this
~new squad. The ToWn and PBA may agree in writing at any t/meupon any additional tenus and
cou~_lSons of a new p~ot squ~~tour~hift established, by the 'Chief pursuant to this paragraph_
7A2
with this
late.evening .~o
~ leas~
the
and a
i' cfr
covered b:.' tile ass~[:mncm rn adomoua! ~ersonnc~ o~. thc Splh ~
~fibed h~ sh~l not ~ enfi~e~ ~o o~e pay or ch~ge o~to~ c~fion
7.13
POlice'Officers shall be permitted to switch tours of duty provided that:
a. ~tl~e~same. is approved in writing by the Lieutenant~ or in his/her absence, the
~. officer in charge.
b. the same does not result in any increased costs to the Town.
c. the same does not disrupt normal police operations.
7:14 Insofar as its practicable, any change in relief officer i scheduling 5~]ill be done in writing
no less than ninety-six (96) hours in advance of the ct~ange and insofar~as is practicable, the relief
officer shall receive his/her work schedule not less than ten (10);days prior to the end of the
previous month.
SECTION 8. RETIREMENT BENEFITS
8.1 The Town agrees to make the provisions of Section 384-d of the Retirement and Social
Security Law (optional twenty year retirement plan) applicable to the employees, and to take the
appropriate action to assume the additional cost thereof. The Town of Southotd, shall adopt the
New York State Retirement Plan Section 375(I), and provide such benefit to any police officer
who retires.
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8.2 The Town agrees to make the provisions of Section 3S4 subdivision (f) and (g) of the
Ketiremeat and Social Security Law (I/60th increased pension) applicable to the employees, and
to rake the appropriate action to assume the additional costs thereof.
8.3 The Town agrees to make the provisions of Section 384 subdivision (e) of the
Retirement and Social Secmity Law (' 1/60th Bill", 1989 Session Laws Chapter 453) applicable
~5'the 'employees, and'to take the appropriate action assume the costs thereof.
8.4 The Town agrees to make the pr0~sion of Chapter 950 of the Laws of 1970 (twelve
(12) monltm' final average'salary) app~icable~.~o:the emptoyees~.andito'~take~the apprcrpnate action
to assume the additional cost thereof.
8.5 In order to be paid for unused accumulated sick leave, the employee must notify the
Chief of Police in writing of the employee's intention to retire on a particular date. Such
t notification must be no less than forty-five (45) days prior to the date of the adoption of. the
[ budget, but in no event, later than October 1a, Such retiree shall receive the monies due under
Section 7.2 a. hereof, provided that such notice was given as herein provided_ If notice was not
g~ven as herein required, such payment will not be lost, but shall become payable thirty (30) days
after the commencemem of the fiscal year for which the Town budgeted for the same or had the
opportunity to do so. Time 1/mits for notice to be given herein may be waived by the Town, in its
sole discretion. In the event of severe health.or personal pmblems of an employee, such
requffemcnts st~all not.apply. In the event of.death, the noKce ~:eqnirements shall not gppty and
.the paym~ent invotv~d shall be,made to the person or persons entitledthereto as soon after death
as is possible.
8.6 The Town agrees to allow retiring employees to keep their issued service weapon at no
cost to the officer.
SECTION 9. SALARIES
9.1 All newly hired Police Officers who have been certified by the Suffolk County Civil
i. Service Commission or who may have pmvionsly been employed ia another New York State
Police jurisdiction shall be placed at the first year salary step as set forth below, unless otherwise
agrec~ ~ -oy the parties hereto.
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P0tice Officer - Salary Rates
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Period of Service 1/1/00 1/1/01 1/1/02
First Year $28,105 $29,229 $30,471
Second Year $44,340 $46,114 $48,074
Third Year $51,835 $53,908 $56,199
Fourth Year $59,329 $6t ,702 $64,324
Fifth Year $6~,246 $72,016 $75,077
Sergeant Salary Rate $81,430 $84,687 $88,286
Lieutenant Salary $91,557 $95,2 t 9 $99,266
Rate
9.2 Detective Duty. During the term of this Agreement, employees assigned to detective
duty shall be paid additional salaries during the period of such assi~ments, in the mounts set
forth in this Section, which additional salaries shall not, however, be included in such
employee's salary for purposes of determining longevity pursuant to Section 10.hereof.
During the term of this Agreement:
(i)
The annual sum of five~h~m~ed~($3OO.Ob) dollars during the first year of such
assignment.
(ii) The annual sm of One thousand ($1,000.00) dollars during the second year of
such assignment.
(iii) The annual slim of one thousand six hundred ($1,600.00) dollars during the third
year of such assignment
(iv) An annual sum of three thousand two hundred and fifty ($3,250.00~ dollars during
the fourth and subsequent years of such assignment.
b. Detectives assigned to the detective division shall receive additional compensation at
the rate of one (1) hour straight time for every eight hours on call. If, during the assigned period,
the detective is called to duty, they shall forego compensation under this Section and be
compensated consistent with Section 13.1 of this Agreement. Effective July 1, 2002, the rate
should be increased to 1.5 hours of straight time for every eight (8) hours on call.
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9.3 Tour 'Di~'ferential
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a. Effective Jmtuary 1, 2000, a $3,310 per annum mount as a tour differential shall be
granted each employee who works three (3) tours around the clock or a steady night tour.
Effective Janu.ary 1, 2001, tiffs per annum shall become $3,420. Effective January 1, 2002, this
per annum amount shall become $3,530.
b. Effect[~e,J~ !,' 2000, a $2,050 per annum amom~t as a tour differential shall be
granted ~each e'mp~oY¢~4. ~wl)o works two (2), rotating tours Of duty: .Effe~tiy~ ~J~muary, I, 2001, this
per annum amount s~b~c0m~ $2~100~.EffCcfi~eJanuary 1~ 2002; ~his per annum amount shall'
become $2,I50
c. If an employee who is not normally scheduled to work three (3) rotating tours of duty
should, over the course of the calendar year, work twenty (20%) percent of his/her tours between
12:00 A.M., and 8:00 A.M,, said employee shall be entitled to full tour differential instead of
partial differential.
9.4 D.A.R.E. Stipend
A Police Officer assigned as the D.A.R.E. insmmtor shall receive a yearly stipend of one
thousand ($1,000) dollars. This D.A.R.E. stipend is not available to detectives or superior
officers.
SECTION 10. LONGEVITY PAY
10.1 Employees h/red prior to January 1, 1997 shall receive additional eompensation based
upon length of service as follows:
a. Employees with at least ten (10)years but less than fifteen (15)-years of service shall
receive a salary increase of five (5%) percent.
b. Employees with at least fifteen (15) years but less than eighteen (18) years of service
shall receive a salary increase of six (6%) percent.
c. Employees with eighteen (18) or more years of service shall receive a salary mcrease of
seven (7%) percent.
d. Such additional compensation as provided in this Section shall commence on the first
day of the month in which an employee becomes eligible therefor.
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10.2 Em/31oyees hired on or after January t, 1997 shall receive additional compensatio~
based upon length of service as follows:
Employees with at least ten (10) years but less than fifteen (15) years of service shall
.rcceive a fiat dollar amount of twenty-five hundred ($2,500) dollars.
b. Employees with at lea,st fiftce2 (15) years but less than eighteen (t8) years of service
shall rece3ve';a flat,d611ar-mnount of three thousand ~$3,000) dollar~.
c. Employees with eighteen (18) years or~moreyears of.senfice shall~receive a fiat dollar
amount ofthree thousand five hundred ($3,500) dollars
SECTION 1I. COLLEGE CREDIT
11.i Employees shall receive additional compensation based upon successful completion of
police science sources qualifying for credit toward an Associate Degree in police science in an
accredited college or un/versify as follows:
a. Such employee successfully completing thirty (30) hours shall receive a salary increase
of one (1%) percem of base salary.
b. Such employees who have received an Associate Degree in Police Science shall receive
a salary increase of two (2%) percent of base salary.
c. An employee ~e2tuestmg additional.compensation as provided in this Section shall
present to the Supervisor'a letter or certificate executed by an official of the college or university
as proof oftfis/her eli~bilily therefor. Additional compensation shall commence on the first day
of the monih after which the employee becomes eligible therefor.
SECTION 12. HOSPITALIZATION
12.1 The Town agrees to make ,available to the employee the group health insurance plans
provided by the State of New Yorlc The Town shall pay one hundred (100%) percent of the
premium applicable to benefits afforded to both the employee and his/her dependents. In the
event of an employee' s death,.the Town will pay the present hospitalization for a period_of one
year or for the remaining term of this contract, whichever is longer after such death on behalf of
the deceased's family,
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12.2 Health tnsur~c'e Declination Bonus. Employees may opt out of the-health insurance
program in whole or in part for a full year by completing the appropriate form furrdshed by the
Town. An employee opting out of the health insurance program in whole or in part shall be paid
50% of the premium saying,s, provided the employee maifftains the empl0yee's waivers(remains
OUt) for a full year.~ PaYments shall&e subject to all usualpayrolt deductions and,shall be made
on or about:December 15 of each year.
Emplqyees electir~, to waiye cover ,age mnst do-so by filing their forms no later ~than
November 30 i/n,a~, y~y~ar~i~ the prOyisioas.~of th/s~s~ffo~ ~ effect on .~e next J'armary 1.
Once a wT?i?r ~rm bas b~? filed ~-¢vri¢,the~Tpwr~ttte vtaver sh~lt~eoutinue~to,be in effeet from
year to y~th~r.eaffer t n~, th, ,m. 1o5. ,[ .1,.c,., to reerirol~ and,the.iemployee.~halt be anti/led to
the applic}ah~lefpa.ymen ! ,k,' ~ a:,'..'r ii>;' ccc!' ,hl[ v~ar,~ ~or her Waiver ]s in effect.
It is understood that once an employee has waived coverage for a particular year, the
employee may not reinstate coverage for tlmt year exceptin the ~vent-of an emergency-causing '.
the loss of insurance through another:source ;md consistent with the rules and regulations of the
Town's fl~cible spending plan and applicable laws ~md regulations., ~mergeney shall include
loss of empl0ymem, or termination ofinsumuce for, a spouse~vchose, employer had provided the
alternative insurance. Bmergency shall not tuglude the change o~ any such alternative insurance
from a noncontributory to a contributory plan, 'or the voluntary declination of the spouse of
insurance o:~red by the spouse's emi~toyer;
'/Reihstatement of coverage for:thestf¢ceeding;year may be made bynotifying the Town
in wri_~g.n_9 ~at_er~tha~.~ November 30 to.be ~effec~e the succeeding fiscal year. This deadline
shall no~ apply to emergency remstutem~nt pf~ o~e~ for re:the :above paragraph,'
but the reinstatement Shall be subject to ~vhatever requirements or deadlines are imposed by the
State health,Snsuranceprogmm. IZreinstatement occurs during a waived year due to emergency,
the employee will repay, prorara, any amo~ akeady f~rwardeg to .the employee in return for the
waiver, by payroll deduct/on.
SECTION }3. COMPENSATION FOR COURT ATTENDANCE AND OVERTIME WORK
13.1 In the event that an employee is required to be present in any Court proceeding as a
witness during off-duty hours, oris called in to work during h/s/her normal.time off, such
employee shall be compensated therefor at the rate of one and one-half (t ½) times the normal
rate ofsatary or, at'the option of the employee, shall be given compensatory time off at the same
rate. Employee~, when requ/red to perform duty as provided in this Sect/on, shall receive a
minimum of£our (4) hours compensation at their t~ormal rate ,of salary. Proof of time spent for
Court appearances shall be certified to the Justgce or Clerk of the Court and filed by the employee
With the Supervisor.
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13.2 When an employee is required to be on duty beyond his/her normal tour, he/she shall be
compensated at one and one-half (1 ½) times the normal rate of pay or compensato .fy time at the
same rate.
13.3 Overtirae worked between January 1st and May 31s* shall bepald on June 15~.
Overtime worked between June 1~ and November 15~' shall be paid on December 1~. Any
unpaid overt/me accrued from November 15~ to December 31~t shall be p~cl on January 15~.
SECTION 14. DEATH OF EMPLOYEE
14.1 The Town agrees to continue ro provide the death benefits provided by Section 208-b of
the General Municipal Law.
14.2 The Town agrees that any and all benefits to which an employee is entitled at the time
of his/her death shall be paid to bis/her estate as soon as possible after his/her death.
SECTION 15. BENEFiT PLAN
15.1 Dental/Optical Insurance Benefits
The employees shah contribute an amount equal to that being contributed by the members of the
CSEA pursuant to the terms of their contract. Effective January 1, 2001, the Town shall provide
--::the'Employees :with. the CSEA Package 7 Benefit Plan that is provided for CSEA~unit members,
pursuant to the same terms, conditions, and contribution levels, if any, as exist from time to time
~71~6~ tho~ members. This is contingent upon the-~i~ bfthe Southold CSEA bargaining unit
that PBA unit members may join the Plan.
SECTION 16. EMPLOYER-EMPLOYEE RELATIONS AND GRIEVANCE PROCEDURE
16.1 The Town agrees ¢o establish a committee to meet when necessarf with a similar
committee to be established by the PBA for the purpose of dealing with employee grievance and
working conditions and such other matters as affect the Police Department and its employees.
16.2 Any non-disciplinary grievance arising out of the interpretation of this Agreement shall
be resolved by the following procedure.
Step 1: The e_mployee shall, witbifiten(i0)daysofanoccurrencethatisallegedtohave
violated the Contract, within ten (10) days of bis/her discovering said occurrence, submit his/her
grievanee in writing to the Chief of Police. The Chief of Potiee shall issue a written reply to said
grievance within ten (10) days of its receipt.
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Step 2: Within ten (1 O) days ofrec¢ipt.ofthe written replyof the ChiefofPoticeithe employee
may appeal the decision of the Chief of Police to the Police Committee, Town of Southold. The
Police Committee shall consider such grievance at its next regularly scheduled meeting and shall
:issue a written reply within,ten (10) days after said meeting.
Step 3: In the event that.the employee is not satisfied with the said decision, he/she may request
that Raid ~grievance be ~mittod to.binding arbitration. This shall serve as the fina!step. The
~bitmto~i~tmlt be ~e. ,le~cted by; and the. heating conducted ~t~,to, the arbitration rules,of the
/X~ew York State Pubt~ Employment Relations Board.
SECTION 17. DISCIPLINE AND BILL OF:RIGHTS
17.1 The parties hereto~agree that they will comply wit the applicable provisions of law with
respect to disc/plinary matters3nvolving the cnnployees.
t 7.2 All members covered by this Agreement shall be entitled to the protection of what shall
be hereafter termed the "Bill of Rights".
a. Al/charges or actions taken against an employee covered by this Agreemem which may
lead to d~sciplinary measures must be made in writing and sig~ed by the Complainant.
b. The employer has establishedlhe following procedures to govern the conduct and
control of internal policeinvestlgations.
The wide ranging po~J~ ~tu~u~ven to the Town Police Department
involves them in all manner of. comacts and relationships.with the public..Out.of these contacts
come many questions concerning the actions of employees. These questions often require
:mediate investigations by the employer or~its designee,~nsnally~the Pohce Chief or other
,superior officer. In 'an effort Io insure that~these:invesfigafions are conducted.in a manner which
is constructive to good order and discipline; the following:procedures.shall~be followed:
(1) The. interrogation of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigencies of the invesugation mandate otherwise. Where
practicable, interrogations should be scheduled for the day time and the reassignment of the
,employee to the day shift shall be employed. If ov. ertime as herein above defined, is incurred by
reason of such interrogation, the employee shall be given overtime compensation as set forth in
this Agreement.
(2) The interrogation shall take place at a location designated bythe investigating
officer. Usually it will be at the command to which the investigating officer is assigncdor at
Police Headquarters.
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(3) If an employee is directed to leave his post and report for interrogation to aubfl~er
location, b/s/her immediate supervisor and the radio desk shall be promptlynotified of his
whereabouts.
(4) ~ The employee, shall, be informed of the rank, name ant[command of the officer in
charge of the investigations, as well as the rank, name and command of the interrogating officer
and of al! persons preseht during, the interrogation, and stroll be .advised of the right to an
adjom'~mw_at in order to trove:counsel and/or Association representative present.
(5) The employee shallbe informed.of.the,nature of~he~/an~estigationbefore any
--int errogatio~enmmences.~ including the name:/~£the.~complainant:_~.';t~he~ddress ofthe
complainant and/or witness need not be disclosed~however~,sufficient information to reasonable
apprise the employee o£the allegations shall be provided. If it is known that an employee being
interrogated is the target ora criminal investigation or a witness,only, he orshe shall be so
informed at the initial conlact, or as soon as same is known.
(6) The questioning shall not be overly long. Reasonable respites shall be allowed.
Time shall also be provided for personal necessines, meals, telephone calls and rest periods, as
are reasonably necessary.
(7) The employee shall not be subjected to any offensive language, nor be threatened
: -:with~transfer, dismissal, or other disciplinary punishment. No. promises:orxewarctsballbe made
as an inducement to answering questions.
(8) Tl/e e6~n-~'- e el~/~mY-er/6g-aTtion of the employee shall be recorctedine~Ttlly~ l~y
a stenographer. All recesses called dm/ng the questioning shall be recorded. The employee or
his/her conn.~el shall be entitled to a copy of the tape recording and/or a transcript of such
stenographic record within a reasonable time after such interrogation.
(9) Iran employee is under arresVoris likely to be,.that is.if he/she is a suspect orthe
target ora erim'mal invesggation~ he/she shall be so informed and be g~ven his/her rights pursuant
to the Miranda decision.
(10) Except as provided in (9) mediately preceding, the law imposes no obligation,
legal or otherwise, on the Department to provide an opportunity for an employee to consult with
counsel or:anyone else when questioned by a Superior Officer or employer about his/her
employment or_matter relevant to his/her continuing fitness for police sm-vSce. Nevertheless, in
the interest.of maintaining the usually high morale of the Police Department, the employer;, shall
advise the employee and afford an opporumity for the employee, if he/she so des/res, re consult
with counsel and/or with a representative of the Association before being questioned concenfing
a serious violation of law or the Rules and Procedures, provided the interrogation is not unduly
delayed. However, in such cases, the interrogation may not be postponed for purposes of
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consultatmnp~ast !O:O0.A.M. o ~he day followmg~the notification ofiilterrogation. The
empl0ye~sh~ll ha~re the fight to have counsel andfor an Association representative present to
assi~ during the interrogation_
SECTION 18. PERSONNEL RECORDS
8.1. Any employee shall be entitled to exam/nehis/her personnel file. upon making request
ther~for~fo~the~ChielT, o~.POIice, or other,officer in charge, in tffs/h~,absence.
1'8.2 Upon request, any employee shall~be~furnished~with~ia'copy;ofmnTmonconfidential
material in his/her personnel file.
18.3 Only one employee personnel file shall be maintained which shall contain all mater/al
with respect tc such employee.
18.4 No material derogatory to an employee, his/her conduct, character or service shall be
placed in his/her personnel file unless he/she has been given an opporttmityto examine the same
.and affix his/her signature thereon, which signature shall indicate that the employee has
examined the same and shall not be deemed to indicate that the employee inany way consents or
agrees with the contents thereof. The employee may place in such persormel file a written
an~ wer ~ro. any' derogatory mater/al in said file within ten (! 0)WSrkingTdays after receiv/ng
· notification qf_the3propo~ed inc/usion of the material in the file
I8.5 'If an employee is the subject of charges and specifi~ti0ns by an administrative hearing
'~or~~ju~§diCiidii,-thb'O~nly-d~to be placed iff-~--em~0-~s --~ --
persormeLfile shall be the charges and specifications and the ~ adjudication thereof. Upon the
consent of the employee, the PBA, upon request, should be advised of the status, progress ~md
outcome of this matter.
SECTION 19. AMENDMENTS
19,1 -Any changes or amendments to this Agreemem shall not become elTective unless the
same are in ~nJting signed bythe parties hereto.
SECTION 20; NO STRIKE PLEDGE'
20.1 The P.BA does hereby affirm that it does not assert the right to strike against any
Government nor to assist or participate in any such strike, or to impose any obligation, to
conduct, assist or participate in such a strike.
t8
SECTION 21. UNIFORM CLEANING AND UNIFORM E~UIPMENT ALLOWANCE
21.1 The Town agrees to pay the entire cost of dry cleaning ot~ all wearing apparel in
connection with the police uniforms except washable items. The Town shall select an
appropriate xtry cleaning service.:~Theemployee~,shall; use the cleaning service~selected by the
Town,
, ,*'2~2 ~ <Employees assignedfor,uniformeddu?s shalLhaveax(ailable the, ammalsum offour
hundred ($400.00) dollars as a uniform and,equipment allowance.
21:3 ~ Employees assigned:tffa non-uniformed duties,shall-.have.available,ltheannual sum of
six hundred ($600.00) dollars as a clothing and equipment:allowance.
21.4 Any, unused allowance as outlined above will be c~edited to next year's clothing
allowance but may not be accumulated beyond the subsequent year.
SECTION 22, LEGISLATIVE APPROVAL
22.1 IT ]~S AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF
THIS .AGREEMENT P,~EQUIRING LEGISLATIVE ACTION TO PERMIT 1TS
!IM LE/vlENTATION BY AMENDM[ENT OF LAW OR-BY PROVIDING THE ADDITIONAL
-:~FUND THEREFOP~ SHALLNOT~BECOME EFFECTIVE UNTIL,I'HE APPROPRIATE
~'LEGISLATIVE BODY HAS GIVEN APPROVAL'.
SECTI ON 23~O-'~TE~xCF- OF 'B~,~E-F~g-
23:1 In the event that the employment of au employee is terminated by reason of relirement,
,resignation~ov otlier, cause;allbenefits procided herein shatl~be prorated;upto:,the~ date of such
termination.
_, ~SECTION 24. ADDITIONAL COMPENSATION
24:1 ~, In the event an employee is entitled to additional compensation for Court attendance,
overtime'work or other purposes, the rate such compensation shall be based upon two hundred
thirty-ninff'(239) days or two hundred sixty (260) days;whichever number of days per year the
employee is 'assigned in accordance with Section 7.11 (a) of this Agreement.
SECTION 25. STAFF MEETINGS
'25A The employees agree that the Chief of Police shall have the right to schedule no/more
~'~o' (2) staff meetings ofthe employees ~With the rank-of sergeant and above in each calendar
year t~6~ penods not to exceed ~l~tee (3)'h~6urs each~ fo£vCliieh:fi6 cdff~pen~fion' ~hall~bdpaid-~6
th6 gmployees, at which meetings police matters may be considered.
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SECTION 26. ETHICS DISCLOSURE
26.1 The Lieutenant and Administrative Officer must comply with the disclosure
requiremems set forth in the Town of Southold Ethics Law.
SECTION 27. TERM OF AGREEMENT
27.1 The,term of this Agreemem shall b~ three (3) years m become effective January 1, 2000
and terminat~ on December 3 I, 2002.
IN WITNESS iWHEREOF, the parties hereto have set their hands,~and, seals this,6a day
o£ Jtme, 2000.
SOUTHOLD TOWN POLICE
~LENT ASSOCIATION, INC.
idenr
Deputy Superv/so~