HomeMy WebLinkAboutPBA ContractACCOUNTING & FINANCE DEPT.
John A. Cushman, Town Comptroller
Telephone (631) 765-4333
Fax (631) 765-1366
E-mail: accounting@town.southold.ny.us
TOWN HALL ANNEX
Feather Hill, Building 10
620 Traveler Street
P.O. Box 1179
Southold~ NY 11971-0959
TOWN OF SOUTHOLD
OFFICE OF THE SUPERVISOR
September 14, 2004
RECEIVED
Richard K. Zuckerman
Lamb & Barnosky, LLP
PO Box 9034
Melville, NY 11747-9034
Dear Rich:
Re: PBA
2004
As requested in your letter of September 13,-~2004, enclosed please find two copies of
the fully executed PBA 2003-2005 contract.
Your assistance with this matter is appreciated.
CC:
Very truly yours,
Town Comptroller
Elizabeth Neville, Town Clerk (w/ original) v//
Patricia Finnegan, Esq. (w/copy)
Fred Richman, Esq. (w/copy)
AGREEIVlENT
BETWEEN
TIIE TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 2003 - DECEMBER 31, 2005
SUBJECT
Addkional Compensation
Amendments
Apportionment of Benefits
Benefit Plan
Canine Unit
College Credit
Compensation for Court Attendance and Overtime Work
Compensation-h~jured Employees
Death of Employee
Discipline and Bill of Rights
Employer-Employee Relations and Grievance Procedure
Ethics Disclosure
Hospitalization
Leave of Absence, Sick Days, Child Care and Holidays
Legislative Approval
Longexdty Pay
Management Rights
No Strike Pledge
Notice of Promotions
TABLE OF CONTENTS
SECTION
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Personnel Records
Protection of Employees
Recognition
Retirement Benefits
,Salaries
Staff Meeting
Term of Agreement
Uniform Cleaning
Vacations
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THIS AGREEMENT made this 21~t da3r of July, 2004, by and bet~veen the TOWN OF
.SOUTHOLD, a municipal corporation, of the State o£New York (hereinafter referred to as the
Tow-a) and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a
membersltip corporation of the State of New York (hereinafter referred to as the PBA or
Association).
W1TNESETH:
WHEREAS, Article 14 of the Civil Service Law provides that prrblic c~mployees shall
have the fight'to be represented by employee orgmtizations to negotiate collectively with their
public employer in the determination of their terms and conditions of employment, and to enter
into wfitten agreements witli 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 Toxvn of Southold,
inchiding all police officers, sergeants, lieutenants and detectives, excluding the Chief of Pohce
and the Captain, and all other employees, said included members of the Police Department
hereinafter referred to as %mployees";
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 1_ RECOGNITION
1.1 ' The Town does hereby recognize the PBA as the exclusive employee organization to
represent the employees axed extcmds to the PBA the following rights:
to represent the employees in negotiations and in the settlement of gtievances; and
b. to membership dues deduction, upon presentation of dues deduction authorization cards
sign`ed by individual employees.
SECTION 2. MANAGEMENT RIGHTS
2.1 Not contrary or inconsistent ~'ith the terms of this Agreement or civil service law, the
Town reserves the ri~t 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;, to direct its
employees; to regulate work schedules; to take disciplinary action; to abolish positions; to
maintain the efficiency of governmental operations; to determine the content of job
classifications subject to Civil Service Commission approval; to take ail necessary actions to
carry out its mission in emergencies; and to exercise control and dkection over its organization
and technology of performing its work.
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SECTION 3. PROTECTION OF EMPLOYEES
3_ 1 Seniority
a. Seniority shall be determined on the basis of contiunous employment in the Southold
Town Police Dapartment. Additionally, an employee who has been transferred from another
Police Department within Suffolk County to the Southold Tox~m Police Department shall receive
credit for purposes of seniority for continuous thne served in such other Police Departments in
Suffolk County.
b. Seniority is determined: first, by rank; second, by continuous service in rank; third, by
. date of appointment to previous rank or ranks; fourth, by the date of appointment to Department
(any Member who has been transferred fi:om another police force withLn Suffolk County shall,
for the pm-pose of determining seniority, be credited with such prior service); fifth, by highest
score on the civil sen'ice list fi:om which appointments were made at the time of the initial
appointment examLnation; sixth, by age (older Member is senior); and seventh, alphabetically by
surname.
3.2 Legal Services
The Town shall provide legal services to an employee against whom an action or
proceeding has been commenced hivolving any matter occurring within the scope of his/her
emplo3qnent as an officer or employee of the Toxxm.
3.3 Seasonal Police Officers
a. The Chief of Police, or his/her designee, shall have the right to deploy "Certified
Seasonal Police Officers" who are actually on duB' to perform functions (other then actual sector
assigrm~ents) that are deemed necessary by the Chief of Police, or his/her designee.
b. Notwithstanding the above, Seasonal Police Officers maybe used for all other
assignments, including sector assi~mu:nents, when the full-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 Lnsufficient to insure adequate protection of
life and property_
SECTION 4_ COMPENSATION-INJURED EMPLOYEES
a_ Employees who sustain physical h~jtwies in the perfmmance of their duties shah
provide the To~m with copies of any medical reports prepared by the employee's doctor related
to their injnry_ Except as provided in subpara~aphs b through h, the employee shall receive full
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salary, including all compensation entitlements, during the period of disability or until elig/ble
for a disability pension, or death, whichever shall first occur. Any sttms received by such
· employee under the provisious or,he Workers' Compensation Law for lost earnings as restth of
such injury shall be paid by such employee to the Tov~
b_ In the event a certified physician selected by the Town finds said disabled employee fit
to return to duty, it is the responsibil/ty of the employee to do so.
c. Failure on the part of the employee to return to duty after being notified that he/she has
been found fit to perform his/her police duties, it is then incumbent upon the employee to request
a 207-c heating pursuant to General Municipal Law.
d. When an employee requests a 207-c hearing, then he/she must utilize all of his/her otvn
accrued leave entitlements if the employee wishes to remain in a leave with pay status, pending
the resolution of the 207-c Hearing Officer's recommendations. In the event no such leave
entitlements exist, the employee will be placed in a no-pay status, pending the resohinon of the
207-c heating.
e. Regardless of whether they are in a paid leave or no-pay status, the only benefit the
employees may receive is holiday compensation_
fi The Heating Officer, at the conclusion of the 207-c hearing, shall as soon as reasonably
possible fonvard his/her findings and recommendations to the Town Board.
o Should the Town Board find in favor of the disabled Police Officer, then all leave
entitlements; utilized fi:om his/her accrued leave bank shah be restored. This shall also include
hohday and night shift differential if the employee is eligible to receive same_
h. Should the Town Board fi_nd the Police Officer fit to return to duty and said employee
disobeys such directive from the Town, he/she then may face disciplinary action, which may
include suspension and/or discharge_
i. Effective upon the complete ratification and approval of the 2003-2005 Agreement, the
parties shall continue their negotiations over the Town's General Municipal Law Section 207-c
proposal. In the event that they are unable to reach a final, binding agreement within 30 calendar
days of the date on which the 2003-2005 Agreement is completely ratified and approved, then the
Town shall have the right to compel the PBA to participate in a single issue interest arbitration
proceeding before 3xbitration Marlene Gold, in which the only issue shall be whether the Town's
most recent proposal should be awarded in whole, in part or as modified by the Arbitrator.
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SECTION 5. NOTICE OF PROMOTIONS
5.1 Notice of all promotional positions within the PBA unit in the Town Police Department
shall be posted on available bulletin boards at police headquarters and all employees shall be
given an opportunity to make application for such positions.
5.2 ~am employee who is scheduled to take a Town police-related departmental promotional
examhmtion shall be entitled to eight (8) consecutive hours off-duty prior to the scheduled time
of such examinaXion pro~'ided:
a. That the officer is scheduled for the tour inmaediately prior to the time of
commencement ol-the examination.
Such off-duty time shall be with pay.
SECTION 6. VACATIONS
6.1 The Toxvn will adopt the vacation schedule as follows:
Start through f~rst year - five (5) worldng days.
Second through fifth year - sixteen (16) working days.
Sixth through tenth year - nineteen (19) working days.
Eleventh tkrough fifteenth year - twenty-two (22) working days.
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 maybe accumulated as set
forth above and payment made upon reasonable notice in accordance with this Section.
Requests for pa3anents in excess of five thousand dollars ($5,000.00) must be in writing
and submitted to the Town prior to September i of the year preceding the year in which paymeut
is to be made, with the exception of the last year of work prior to retirement when no notice is
required. Not~vithstanding the above, however, a member shall m~ly be allowed to carry over a
maximum of eight (8) unused vacation days in the following calendar year for purposes of
additional vacation only_ A member who has accumulated unused vacation days may apply only
eight (8) of those days to the following year's schedule. Under no circumstances shall a member
be emifled to actually take more vacation days than is provided for in Section 5_1 a. through 5.1
e_ above, with the exception that a member may add an additional eight (8) days fi:om the
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previous year. For example, a member may not take more than twenty-four (24) actual vacation
days in his/her second through fifth year, twenw-seven (27) in his/her sixth through tenth, thh~ty
(30) in his/her eleventh through fifteenth and tl~t3r-five (35) in his/her sixteenth tkrough
twentietl~
6.3 Employees ~vho so desire may vohmteer to xvork, if acceptable to the Department,
during their annual vacations. Such work will be compensated at straight time, tmless an
employee works in excess of eight (8) hours. Sttch volunteers may be assigned to any normal
police dnties.
6.4 An employee, if transferred not by choice from one squad to another, shall have the
right to maintain his/her prexdously selected vacation_
6.5 If any employee is on kis/her first week of vacation and is outside the Tox~m, and is
recalled ~om vacation to active duty, he/she shah 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
returning to active duty.
6.6 An employee on vacation may sign out on sick leave if sickness or injury occurs while
on vacation and he/she is confined to his/her residence or is hospitalized. Sic!mess is to be
verified by physician' s certificate. Time of sicka~ess or injury shall not be charged to vacation
thne of employee, but shall be charged to sick leave.
6.7 Employees with more than one (1) year of service in the Police Department shall be
permitted to dixfde their vacation time into a maxinmm often (10) one (1) day seomnents,
provided that the Cltief of Police, or his/her designee, receives sufficient notification to arrange
for rescheduling of tours o£ duty. Vacation time, other than one (1) day segments, shall be
scheduled on the basis of seniority, in the follox~Sng manner to wit:
a. First selection - on the basis of sertiority within rank, all employees shall select the time
of their vacation.
b. Second selection - after all employees have made a first selection as provided in
paragraph a above, those employees who have elected to dixfde their vacation time shall make a
second selection based on seniority within rank.
c. Third selection - after making the second selection, as provided in paragraph b, above,
the employees with remaining vacation periods due them shall make a final selection of time
when the remainder of their vacation shall be taken, based on seniority within rank.
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d. T~vo (2) sergeants may take their vacation at the same time, provided that the same is
approved by the Chief or officer in charge, and further 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 Between Memorial Day and Labor Day, employees total vacation picks may not exceed
seven (7) days. This shall not in an3, way affect an employee's ability to request and take single
Yacation days during this same period_
SECTION 7. LEAVE OF ABSENCE, SICK DAYS, CHILD CARE AND HOLIDAYS
7.1 Leave of absence without pay shall be granted to employees in accordance with the
pro~Ssions of Rule 18 of the Rules of Classified Civil Sen'ice of Suffolk County and the
provisions of Section 243 of the Military Lax,v of the State of New York.
7.2 a. All employees shall be entitled to fifteen (15) sick days in each calendar year. Unused
sick leaxre may be accumulated up to a maxhnum of three hundred (300) days. Upon retirement,
each employee shall be entitled to be compensated for the value of one hundred (100%) perceut
of the ftrst two hundred (200) days of his/her accumnlated unused sick leave, or any portion
thereof. Additionally, an emplo~yee shall be entitled to receive payment for an additional forty
(40) unused sick days beyond the two hundred (200) day maximum at the rate of one (1) day of
pay for each two (2) day's of unused sick leave. The Tox~m Board shall be the option to pay the
same to the employee, either m a lump sum payment at the time of the employee's retirement or
in regular payroll payments immediately prior to such retirement.
7.2 b- The Chief of Police, in the exercise of his/her discretion, may request written
physician's certificate in all cases where an employee is absent by reason ofillness, the cost
thereof to be paid by the Town.
7.2 c. When an employee, due to illness, fails to complete a tour of duty, the remaining
amount of time left in that tour shall be deducted from said employee's sick leave.
7.2 d. An employee may use up to five (5) days "sick leave" per calendar year in the event that
mi employee's spouse ofinunediate 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
responsibility ora parent 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 thi-ee (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.
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7.3 An employee shall be ~anted a leave of absence not exceeding two (2) years without
pay for a child care leave attendant to either the birth o£a child or the adoption ora child under
the age of 5_ Such employee, npon the expiration of such period of leave of absence, shall be
restored to the same or comparable position of employment, if the same [s available. The Town
shah continue the employee's major medical/hospitalization benefits for a period of three (3)
months beyond normal entitlements during such leayre. Thereafter, at the option of the employee,
the employee shall be entitled to continue such benefits at the employee's own expense.
7.4 a Each employee shall be entitled to receive equivalent time off or receive compensation
in lieu of such equivalent time off for the follo~4ng holidays, whether ~)r not such employee was
required to report for duty on such days, to xvit: the first day of January, known as New Year's
Day; the third Monday of Jannary~ lmown as Martin Luther I<2ing, Jr. Day; the I2~ day of
February, known as Lincoln's bi~hday; the rhkd Monday in February, ~knowu as Washington's
birthday; Easter Sunday; the last'g/londay of May, known as Memorials. Day; the 4~ of July,
kno~m as Independence Day; th~ first Monday in September, known as Labor Day; the second
Monday in October, lmoxxm as Columbus Day; the first Tuesday after, the first Monday in
November, known as Election Day;, the tl'h day ofNovember~ knox~ as Veteran's Day; the
fourth Thursday in'November, kno,wn as Thanksgiving Day; the 25~ day of December, known as
Christmas Day.
7.4 b. Employees who actually work on a designated holiday shall receive four (4) hours of
additional compensation for w,orking that particular holiday.
7.5 For the purpose of implementing the provisions of Section 7_4, on January 1st 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 1st of each year, the Police Department shall
prepare and submit to the Superx4sor a schedule indicating the total number of holidays that each
employee is entitled to for such year, the total uumber of holidays charged against each employee
for such year and the total number of holidays remahting due to said employee. On or before
December 15th of such year, the Town shall pay to each employee a sum equal to the number of
holidays remaining due to eaoh employee. An employee who separates fi:om service after he/she
received the benefits of this section and prior to a holiday for which he/she has been
compensated, shall have deducted fi:om his/her final payroll check an amount equivalent to the
compensation received for said holiday.
7.6 Employees shall be entitled to be absent fi:om 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 a. 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. Effective January 1, 2005, "each calendar
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year" shall be changed to "each year starting on the officer's anniversary date. For purposes of
implementation dining 2005 only, an employee xvhose anniversary date falls within 1/1 and 3/3
shall be credited with one PL day on 1/1 and four PL days on the,officer's anniversary; an
bmployee whose anniversary fails within 4/1 and 6/30 shall be credited with 2 PL days on 1/1
and four PL days on the officer's .anniversary; an employee whose anniversary date falls within
7/I and 9/30 shah be credited with 3 PL days on 1/1 and four PL days on the officer's
annlversary; and an employee who s e anniversary date falls within 1 O/1 and 12/31 shall b e
credited 4 days on 1/1 and fmtr PL days on the officer's anmiversary_ These additional PL days
must be used as of the employee's anniversary date in 2006."
7.7 b_ If an employee submits rs/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 less than five (5) days prior to the requested day, the reason
justifyiug the need for said personal day shall be snbmitted_ However, permission for a personal
leave day shall uot be withheld if there are adequate personnel available to fulfill the staffing
needs of the Department.
7.8 An employee, on application of his/her connnanding officer, shall be granted four (4)
continuous days, including scheduled days off with full 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-law, son-in-law and daughter-in-laxv. An employee shall be
~anted one (1) xvorking day offto attend the funeral of his/her grandparent, brother-in-law,
sister-in-law, foster parent, foster clfild, niece, nephew, uncle, aunt, half-brodier or half-sister.
Grandparents and foster parents shall be incfaded among those for whom four days death leave is
allowable if it is necessary, if the employee attends the funeral and he/she has demonstrated to
the commanding officer that there has been a sufficiently close relationship that he/she would
normally be expected to need such an amount of time away Rom work, including time for travel
to the ftmeral.
7.9 The PBA President shah be entitled to eighteen (18) paid leave days per year in addition
to the various leave benefits provided for in this contract, for the purpose of attending PBA
meetings, conventions and other like commitments. If, for whatever reason, the President is
unable to attend these functions, he/she may delegate the Vice President or the
Secretary/Treasurer as the President's representative_ The Suffolk County Police Conference
Director shall be entitled to thxee (3) paid leave days per year to attend the various conference
functions. The Chief shall continue to have the right to deny a request for paid leave days due to
Departmental needs.
7_ 10 The PBA shall designate a maxLmum of two (2) of its members, in advance, to attend
any formal negotiation session with the Town, or its representative. In the event any such
designated member is scheduled to work on the calendar day of the schedule negotiating session,
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such member shall be excused fi-om his/her tour of duty for that calendar day bnt shall be deemed
to be on duty for ali other purposes_ This shall in no way limit the actual number of
representatives attendhig and/or participating in any negotiating session, but shall only limit
those being paid during their attendance. For purposes of this section, the calendar day shall
include the day before a midnight tour or the day after the midnight tour_
7.11 a. The existing duty chart of three (3) rotath~g tours of duty (i.e., 8:00 A.M. to 4:00 P.M.;
4:00 P.M. to 12:00 Midnight; and 12:00 Midnight to 8:00 A,M.) shall be continued. Members
shall have theright to choose two (2) paid 16ave days ("RD O's") per cycle on a sen/ority basis
withh~ the Sot/thold Police Dc~partment. A cycle, shall, be definetl as one complete set of three (3)
tour rotatk)ns_ The duty chart shall he.239 days per year_ Personnel appointment a~fter Jaurtary
30, 1996, for tko first two (2). years of their employment only, shall work 260 days per year. The
parties shall continue theh' negotiations about the Town's proposals for a new duty chart(s),
including the hours of work A committee shall be estabhshed for the purpose of doing so,
composed.of no more tha~, three representatives desi~ated bythe To~m and three
representatives designated by the PBA. It is~tmderstood that criteria and other matters that are
not terms and condition~ ot'employmem shall, not be subject to the jurisdiction of this committee_
The committee's results are subject to .bilateral, written a~eement, ratification and approval.
Nothing contained in this:paragraph, nor any action or inaction of the committee, nor any
statements made in comm~ee meetings, shall be subject to the grievance procechtre or to any
PERB or court proceeding.
7_11 b. At the discretion of the Chief of Police, a ne~v patrol squad of full-time police officers
maybe established to work 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 follows_ Not fewer than one-half
of the squad members who vokmteer for the assignment shall be assigned by seniority, provided
they meet or exceed the performance standards, and qualifications, set by the Chie£ The
remaining assiomunents shall be made by the Chief, utilizing the same criteria. A member may be
removed from this assignment if deemed as not meeting either or both of these criteria_ In this
event, the employee may request a review by a four (4) member labor-mauagement committee
consisting of the Chief of Police and his/her designee along with the PBA President and his/her
designee, which shall meet upon written request to monitor/discuss the matters pertaining to this
new squad. The Town and PBA may agree in writing at any time upon any additional terms and
conditions of a new patrol squad tour/shill established by the Chief pursuant to this, paragraph.
7.12 The Town shall have the option of assigning personnel to a spl/t shift in accordance
with this section. The split shift shall be of one continuous eight (8) hour period spanning the
late evening to the early morning hours. Personnel for the split shift shall be reassigned fi-om the
twelve (12) to eight (8) shift. An employee shall be notified and assigned to the split shift at least
one (1) week prior to the commencement of such assiomu-nent. Assignment of personnel to the
split shift shall at no time create a below minimum staffing situation (three police officers and a
sergeant) upon any shift. Shortage of personnel for the twelve (12) to eight (8) shift will be
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covered by the assigxtment of additional personnel on overtime_ Assignments to the split shift
shall be b3r seniority on a rotating basis. Employees assigned to the split shift in the manner and
· as described herein shall not be entitled to overtime pay or change oftottr compensation
otherwise payable.
7.13 Police Officers shall be permitted to switch tours of duty provided that:
the 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 norulal police operations.
7.14 Insofar as its practicable, any change in relief officer scheduling will be done in ~xiting
no less than ninety-six (96) hours in advance of the change 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 Toxvn 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 assttme the additional cost thereof. The To~m of Southold, shall adopt the
New York State Retirement Plan Section 375(1), and provide such benefit to any police officer
who retires.
8.2 The Town agrees to make the provisions of Section 384 subdivision (f) and (g) of the
Retirement and Social Security Law (1/60th increased pension) applicable to the employees, and
to take the appropriate action to assume the additional costs thereof.
8.3 The Towm agrees to make the provisions of Section 384 subdivision (e) of the
Retirement and Social Security Law ("l/60th Bill", 1989 Session Laws Chapter 453) applicable
to the employees, and to take the appropriate action assttme the costs thereof.
8.4 The Toxxm agrees to make the provision of Chapter 950 of the Laws of 1970 (twelve
(12) months' final average salary) applicable to the employees, and to take the appropriate action
to assume the additional cost thereof.
8.5 In order to be paid for unnsed 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
notification must be no less than fot~ty-five (45) days prior to the date of the adoption of the
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budget, but in no event~ later than October 1~t_ Such retiree shat[ receive the monies due under
Section 7.2 a_ hereof, provided that such notice was given as herein provided. If notice was not
· given as herein required, such payment will not be lost, but shall become payable thirty. (30) days
after the commencement of the fiscal year for which the Town budgeted for the same or had the
~pportunity to do so. Time limits for notice to be given herein may be waived by the Town, in its
sole discretion. In the event of severe health or personal problems of un employee, such
requirements shal/not apply. In the evenI of death, the notice requi~.ements shall not apply and
the payment involved shall be made to the person or persons entitled, thereto as soon after death
hs ~s possible.
8.6 At the Chief's discretion, which shall not be umeasonably w-ithheld, 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
Service Commission or who may have previously been employed in another New York State
Police jurisdiction shall be placed at the £trst year salary step as set forth below, unless otherwise
a~eed to by the parties hereto.
Police Officer- Salary Rates
Period of Service 1/1/03 1/1/04
First Year $31,690 $32,878
Second Year $49,997 $51,872
Third Year $58,447 $60,639
Fourth Year $66,897 $69,406
Fifth Year $78,080 $81,008
Sergeant Salary Rate $91,817 $95,261
Lieutenant Salary $103,237 $107,108
Rate
1/1/05
$34 111
$53 817
$62 913
$72 008
$84 O46
$98 833
$111,125
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 assigmnents, in the amounts set
forth in this Section, which additional salaries shall not, however, be included in such
employee's salaD' for purposes of determining longevity pursuant to Section 10 hereof.
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During the term of this Agreement:
(i)
The annual sum of five hundred ($500.00) dollars during the ftrst year of such
assignment_ Effective January 1, 2004, this shall be increased to $600.00.
Effective January 1, 2005, this shall be increased to $700.00_
(ii)
The annual sum of one thousand ($1,000.00) dollars during the second year of
such assignment. Effective January 1, 2004, this shall be increased to $1,100.00.
Effective lanuary 1, 2005, this shall be increased to $1,200.00.
(iii)
The annual sum of one thousand six hundred ($1,600_00) dollars during the third
year of such assignment. Effective January 1, 2004, this shall be/ncreased to
$1,700.00. Effective January 1, 2005, this shall be increased to $1,800.00.
(iv)
An armual sum of three thousand two htmdred and fifty ($3,250_00) dollars during
the fourth and subsequent years of such assignment. Effective Jmmary 1, 2004,
this shall be increased to $3,350.00. Effective January 1, 2005, this shall be
increased to $3,450.00.
b. Detectives assigned to the detective division shall receive additional compensation at
the rate of 1.5 hours straight true for every eight hours on call_ If, dtn-ing 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
9.3 Tour Differential
a. Effective January 1, 2003, a $3,530 per mmum amount as a tmtr differential shall be
granted each employee who works three (3) tours around the clock or a steady night tmtr.
Effective January 1, 2004, this per armum shall become $3,740. Effective January 1, 2005, this
per armum amount shall become $3.950_
b. Effective January I, 2003, a $2,150 per annum amount as a tour differential shall be
granted each employee who works two (2) rotating tours of duty. Effective January 1, 2004, this
per ammm amotmt shall become $2,255. Effective January i, 2005, this per annum amount shall
become $2,360.
c_ If an employee who is not normally scheduled to work three (3) rotating tours of duty
shmdd, over the course of the calendar year, work twenty (20%) percent ofhisAner tours bem'ean
12:00 A.M., and 8:00 A.M., said employee shall be entitled to full tour differemtiai instead of
partial differential.
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9.4 D.A.R.E. Stipend
A Police Officer assigned as the D_A.R.E. instructor 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. i Employees h/xed prior to January 1, 1997 shall receive additional compensation based
upon length of service as follows:
a. Employees with at least ten (10) years but less than fifteen (15) years of serxdce shall
receive a salary increase of five (5%) percent.
b. Employees xvith 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 increase 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 eli~ble therefor.
10.2 Employees hired on or after Jamtary 1~ 1997 shall receive additional compensation
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 flat dollar amount ofm~enty-five hundred ($2,500) dollars_
b. Employees x~dth at least fifteen (15) years but less than eighteen (18) years of service
shall receive a flat dollar amount of three thousand ($3,000) dollars.
c_ Employees with eighteen (18) years or more years of service shall receive a flat dollar
amount of three thousand five hundred ($3,500) dollars.
SECTION 11. COLLEGE CREDIT
11.1 Employees shall receive additional compensation based upon successful completion of
police science sonrces qualif,fing for credit toward an Associate Degree in police science in an
accredited college or university as £ollows:
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Such employee successfnlly completing thirty (30) hours shall receive a salary- increase
ufone (1%) percent 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 requesting 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 of his/her eligibility therefor. Additional compensation shall commence on the first day
of the mouth 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 c~f Ne~v York. The Town shall pay one hundred (100%) percent of the
premium appl/cable to benefits afforded to both the employee and his/her dependents. In the
event of an employee's death, the To~m will pay the present hospitalization tbr 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.
12.2 Health Insurance DeclLnation Bonus_ Employees may opt out of the health insurance
program in whole or in part for a full year by completing die appropriate form furnished by the
Town. An employee opting out of the health inanrance program in whole or in part shall be paid
50% of the premium savings, provided the employee maintains the employee's ~aiver (remains
out) for a fidl year. Payments shall be subject to all usual payroll deductions and shall be made
on or about December 15 of each year.
Employees electing to xvaive coverage must do so by filing their forms no later than
November 30 in any year, with the provisions of this section taking effect on the next January i.
Once a waiver form has been filed wqth the Town, the waver shall confmue to be in effect fi:om
year to year thereafter until the employee elects to reeuroll and the employee shall be entitled to
the applicable payment for waiver for each full year his or her waiver is in effect.
It is understood that once an employee has waived coverage for a particular year, the
employee may not reinstate coverage for that year except in the event of an emergency causiug
the loss of insurance through another source and consistent ~dth the roles and regulations of the
Town's flexible spending plan and applicable laws and regulations. Emergency shall include
loss of employment, or termination of insurance for, a spouse whose employer had provided die
alternative insurance. Emergency shall not include the change of any such alternative insurance
fi:om a noncontributory to a contributory plan, or the voluntary declination of the spouse of
insurance offered by the spouse's employer_
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Reinstatement of coverage for the succeeding year may be made by notifying the Toxxm
in x~'riting no later than November 30 to be effective the succeeding fiscal year. This deadhne
shall not apply to emergmmy reh~statement of insurance as provided for in the above paragraph.
.'but' the reinstatement shall be subject to whatever requirements or deadlines are imposed by the
· State health insurance program_ If reinstatement occurs during a waived year due to emergency,
the employee ~4ll repay, prorata, any amount akeady forwarded to the employee in return for the
waiver, by payroll deduction.
SECTION 13. COMPENSATIONFOR 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, or is called in to work during his/her normal time off, such
employee shall be compensated therefor at the rate of one and one-half(1 V0 times the normal
rate of salary or, at the option of the employee, shall be given compensatory time offat the same
rate_ Employees, when required to perform duty as provided in this Section, shall receive a
minimum of four (4) hours compensation at their nonnal rate of salary. Proof of time spent for
Court appearances shall be certifiedto the Justice or Clerk of the Court and flied by the employee
with the Super¥isor_
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 (1½) times the normal rate of pay or compensatory time at the
same rate.
13_3 Overtime worked bet~veen January 1 ~t and May 31st shall be paid on June 15~h_
Overtime worked betxveen June 1- and November 15 shall be paid on December 1st. Any
unpaid overtime accrued fi.om November 15th to December 31 ~t shall be paid on January 15th.
SECTION 14. DEATH OF EMPLOYEE
14.1 The Toxvn agrees to continue to provide the death benefits provided by Section 208-b of
tire General Municipal Law.
14.2 The Toxvn agrees that any and all benefits to which an employee is entitled at the time
of his/her death shall be paid to his/her estate as soon as possible after his/her death.
SECTION 15. BENEF1T PLAN
15.1 Dental/Optical hxsurance Benefits
The Town shall provide the Employees xvith 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 fi.om time to time for those members.
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SECTION 16. EMPLOYER-EMPLOYEE RELAT/ONS AND'GRIEVANCE PROCEDURE
16. I The Town agrees to establish a committee to meet when necessary 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 ~my non-disciphnary grievance arising out of the interpretation of this A~eement shall
· be resolved by the following procedure.
Step 1: The employee shall, wSthin ten (10) days of' an occurrence that is alleged to have
violated the Contract, withiaten (t0) days of his/her discovetSng said occurrence, subnfit his/her
grievance in writing to the Chief of Police. The Chief of Police shall issue a x~irten reply to said
grievance within ten (10) days of its receipt. The employee shall have the right to proceed to the
next Step in the event that a timely decision is not rendered.
Step 2: ~Vithin 10 days of receipt of the Chef's written reply or wtthin 10 days of the date on
which the reply should have beeu issued, the employee may appeal to the Police Commissioner.
Failttre to appeal on a timely basis shall be deemed to be a withdrawal of the grievance. The
Police Connnissioner shall consider the grievance and issue a xx~ttcn reply within 10 working
days of receipt of the appeal.
Step 3: In the event that the PBA is not satisfied with the Step 2 decision, or in the event that a
Step 2 decision is not thnely rendered, the PBA .may submit the grievance to binding arbitration
by filing a request for same, on xvritten notice to the Town Attorney's office, within 10 working
days. Failure to appeal on a timely basis shall be deemed to be a withdrawal of the grievance.
The arbitrator shall be selected by, and the hearing conducted pt~rsuant to, PERB's arbitration
rules.
SECTION 17. DISCIPLINE AND BILL OF RIGHTS
17.1 The parties hereto agree that they will comply wit the applicable provisions of la~v with
respect to disciplinary matters involving the employees.
17.2 All members covered by this Agreement shall be entitled to the protection of~vhat shall
be hereafter termed the "Bill of Rights".
a. All charges or actions taken against an employee covered by tiffs Agreement which may
lead to disciplinary measures must be made in writing and sig-ned by the Complainant.
b. The employer has established the follow'rog procedures to govern the conduct and
control of internal police investigations.
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The wide ranging powers and duties given to ~the Toxxm Police. Department and its members
involves them in all manner of contacts and re[ationships with the public. Out of these contacts
come many questions concerning the actions of employees. These questions often require
immediato investigations by the employer or its designee, usual/y the Police Chief or other
superior officer. In an effort to insure that these investigations arc conducted in a rammer which
is constructive to good order and discipline, the following procedttres shall be followed:
(1) The interrogation of an employee shall be at a reasonable hour, preferably xvhen
the employee is on duty, unless the e~igencies of th~ investigation mandate otherwise. Where
· practicable, Interrogations shonkl be scheduled for the day time and the reassignment of the
employee to the day'shift:shall be employed. If overtime as herein above defined, is incurred by
reason of such inten'ogation, the employee shall be given overtime compensation as. set forth in
this A~eement.
(2) The interrogation shall take place at a location designated by the investigating
officer. Usually it will be at the command to which the investigating officer is assigned or at
Police Headquarters_
(3) If an employee is directed to leave his post and report for interrogation to another
location, his/her immediate snpervisor and the radio desk shall be promptly notified of his
whereabouts.
(4) The etnployee shall be informed of the rank, name and command of the officer in
charge of the investigations, as well as the rank, name and conmaand of the interrogating officer
and of all persons present dttring the interrogation, and shall be advised of the right to an
adjounm~ent in order to have counsel and/or Association representative present.
(5) The employee shall be informed of the nature of the investigation before any
interrogation commences, including the name of the complainant. The address of the
complainant and/or witness need not be disclosed; however, sufficient information to reasonable
apprise the employee of the allegations shall be provided.
(6) The questioning shall not be overly long. Reasonable respites shall be allo~ve&
Tinae shall also be pro~4ded for personal necessities, meals, telephone calls and rest periods, as
are reasonably necessary.
(7) The employee shall not be snbj ected to any offensive langnage, nor be threatened
with transfer, dismissal or other disciplinary punishment. No promises or reward shall be made
as an inducement to answering questions.
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(8) The complete inten'ogation of the employee shall be recorded mecharncally or by
.a:/ten0grapher All recesses called duringthe questiorfing shah be recorded. The employee or
his/her counsel shall be entitled to a copy of the tape recording and/or a transcript of such
Stenographic record within a reasonable time after suc-h interrogation.
(9) The law imposes no obligation, legal or other~Sse, on the Depamnent to provide an
oppo~Xunity for an employee to consult with counsel or an3rone else when questioned by a
Superior Officer or employer about his/her employment or matter rele~mnt to his/her continuing
fitness for police service_ Ne~Tertheless~ in the interest of maintaining the ustmlly high morale of
the Police Departmem, the employer shall advise the employee and afford an opportunity for the
employee, if he/she so desires, to consult with counsel and/or with a representative of the
Association before bang questioned concerning a serious x4olation of law or the Rules and
Procedures, provided the '.mterrogat[on is not unduly delayed. However, in such cases, the
interrogation may not b~ postponect for pu/poses ofcunsutmGon past 10:00 A~M. of the day
following the notification of interrogation. The employee shall trove the right to hax~e counsel
aud/or an Association representative present to assist during the interrogation.
SECTION 18. PERSONNEL RECORDS
18.1 Any employee shah be entitled to examine his/her personnel file upon making request
therefor to the Chief of Police, or other officer in charge, in his/her absence_
18.2 Upon request, any employee shall be fttrnished with a copy of any nonconfidential
material in his/her personnel file.
18.3 Only one employee personnel file shah be maintained ~vhich shall contain all material
with respect to such employee.
18.4 No material derogatory to an employee, his/her conduct, character or service shall be
placed in his/her personnel file tmless he/she has been Wen an opporturdty to 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 in any way consents or
agrees with the contents thereof. The employee may place in such personnel file a written
answer to arty derogatory material in said file within ten (10) working da~y~ after receiving
notification of the proposed inclusion of the material in the file.
18_5 If an employee is the subject of charges and specifications by an adimaistrative hearing
or a Court of competent jurisdiction, the only documents to be placed in the employee's
perso~mel file shall be the charges and specifications and the final adjudication thereo£ Upon the
consent of the employee, the PBA, upon request, should be advised of the status, progress and
outcome of this matter_
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SECTION 19: AMENDMENTS
49.1 Any changes or amendments to ttfis Agreement shall not become effective unless the
same are in writing signed by the parties hereto.
SECTION 20. NO STRIKE PLEDGE
20.t The PBA 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.
SECTION 21. UNIFORM CLEANING AND UNIFORM EQU1PIvl]~NT ALLOWANCE
21_ 1 The Town agree~ to pay the entire cost of ch3~ cleaning of all wearing apparel in
connection with the police uniforms except washable items. The Town shall select an
appropriate dry cleaning service. The employee shall use the clemfing service selected by the
Town.
21.2 Employees assigned for uniformed duties shall have available the annual sum of four
hundred ($400_00) dollars as a uniform and equipment allowance.
21.3 Employees assigned to a non-uniformed duties shall have available the annual sum of
slx hundred ($600.00) dollars as a clothing and equipment allowance.
21.4 Any unused allowance as outlined above will be credited to next year's clothing
allowance but may not be accamulated beyond the subsequent ),ear.
21.5 Dive Tean~ Uniform and Equipment Allowance. Effective January 1, 2004, not more
than five employees designated by the Chief as members of the Dive Team and who are certified
divers shall receive the annual sum of $600, to be prorated by complete months assigned during
the year, as a stipend to be paid in December.
SECTION 22. LEGISLATIVE APPROVAL
22.1 IT IS AGREED BY AND BETWEEN TI-~ PARTIFS THAT ANY PROVISION OF
THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS
IMPLEMENTATION BY )dViENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL
FUND THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.
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SECTION 23. ?,PPORTIONMENT OF BENEFITS
23.1 In the event that the employment of an employee is terminated by reason of retirement,
.~ resignation or other cause, alt benefits provided herein shah be prorated up to the date of such
termination.
SECTION 24..kDDIT[ONAL COMPENSATION
.24.1 In the event an employee is entitled to additional compensation for Cottr[ attendance,
overtime work or other purposes, the rate such compensation shall be based upon two hunch'ed
:thirty-nine (239) days or two hundred sixty (260) days, whichever number of days per year the
employee.is assigned In accordance with Section 7_t l(a) ofth/s Agreement.
SECTION 25. ST)urF MEETINGS
25'.1 The employees agree that the Cltief of Police shall have the right to schedule not more
· than two (2) (three, effective August 10, 2004, x~dth no more than one meeting per trimester) staff
meetings of the employees with the rank of sergeant and above in each calendar year for periods
not to exceed three (3) hours each, for wh/ch no compensation shall be paid to the employees, at
which meetings police matters may be considered.
SECTION 26. ETHICS DISCLOSURE
26.1 The Lieutenant and Admhtistrative Officer must comply with the disclosttre
requirements set forth in the Town of Southold Etkics Law.
SECTION 27 CANINE UNIT
27. i In the event that the To~xm creates a carfine unit, the PBA shall have the right to make a
tkmely request that the Town engage In impact negotiations regarding the terms and conditions of
employmeut for employees assigned to that unit.
SECTION 28. TEP,3,{ OF AGREEMENT
28.1 The te~m of this Agreement shall be three (3) years to become effective Jmmary 1, 2003
and terminate on December 31, 2005.
IN WITNESS WHEREOF, the parties hereto have set their hands mad seals this __
day of ~/~ff__, 2004_
SOUTHOLD TOWN POLICE
BENEVOLENT ASSOCIATION, INC_
/President /
20
TOWN OF SOUTHOLD
By: ~~,,I~/~-~
Superv~sur