HomeMy WebLinkAboutPBA Contract10/23/00
AGP,_EElVIENT
BETWEEN
Ttt]E TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 2000 - DECEMBER 3 i, ~002
SUBJECT
Additional Compensation
Amenchuent s
Apportionment of Benefits
Benefit Plan
College Credit
Compensation for Court Attendance and Overtime Work
Compensation-Injured Employees
Death of Employee
Discipline and Bill of Pdghts
Employer-Employee Relations and Grievance Procedure
Ethms Disclosure
Hospitalization
Leave of Absence, Sick Days, Ch/Id Care and Holidays
Legislative Approval
Longevity Pay
Management Rights
No Strike Pledge
Notice of Promotions
personnel Records
Prot~eetion of Employees
TABLE OF CONTENTS
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R~cogrdfion
Retirement Benefits
Salaries
StaffMeetings
Term~ of A~¢ement
Uniform Cleaning
Vacations
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THIS AOREE~T made this 6t~ day of June, 2000, by and between the TOWN OF
SOUTHOLD, a municipal corporation of the State of New York (hereinafter referred to as the
Town) and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a
membership corporation of the State of New York (here'mafter 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 collectivel_y with their
public employer in the determmation of their terms and conditi°ns 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 aniformed members of the Police Deparlment of the Town of Southold,
inc!udmg all police officers, sergeants, lieutenants and detectives, excluding the Chief of Police;,
and all other employees, said included members of the Police Depaxtment hereinafter referred to
as "employees~;
NOW, THEtLEFORE: the parties hereby agree as follows:
SECTION 1. RECOGNITION
1.1 The To~m does hereby recognize the PBA as the exclusive employee orgmni7ation to
represent the employees and extends to the PBA the following fights:
to represent the employees in negotiations and in the settlement of grievances; and
b. to membership dues deductton, upon presentation of dues dedllct~on authorization cards
signed by indixfdual 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; to direct its
employees; to regulate work schedules; to take disciplinary action; to abolish positions; to
mait~tain the efficiancy of governmental operations; to determine the content of job
classifications subject to Civil Serv/ce Commission approval; to lake al1 neec~sary actions to
cally out. its mission in emergencies; and to exercise control and direction over its organization
and te~.hn61ogY Of perfOrmlng its work.
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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 Department within Suffolk County to the Southold To'am Police Department shall receive
credit for pm-pos~$ of seniority for continuous time served in such other Police Departmems in
Suffolk County.
b. Effective August 8, 2000, is determined: first, by rank second, by continuous service in
rarLk; third, by dato of appointment to previous rank or ranks; fourth, by the date of appolntment
to Department (any Member who has been ~zansferred from another police force within Suffolk
County shall, for the purpose of determining seniority, be credited with such prior sereice); fifth,
by highest score on the civil service list from which appointments were made at the time of the
initial appoinmaent examination; sixth, by age (older Member is senior); and sevent/h
alphabetically by surname.
3.2 Legal Services
The To~m shall provide legal services to an employee against whom an action or
proceeding has been commenced involving any matter occurring within the scope of hisgaer
emplo)~mem 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 right 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 hisser designee.
b. Notwithstanding the above, Seasonal Police Officers may be used for all other
assignments, including sector assignments, when the full-time compliment of PoLice Officers is
depleted due to court appearances, medical absence or vacations, or in 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_ l~mployees who sustain physical injuries in the performance of their duties shall
provide lhe Town with copies of any medical ~orts prepared by the employee,s doctor relate! ~.-.....:at:.;
salary, including all compensation entitlements, dining the period of clisab'ffity or until eligt~ole
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for a disability pension, or death, whichever shall first occur. Any sums received by such
employee under the provisions of the Workers' Compensation Law for lost earnings as result of
such injury shall be paid by such employee to the Town.
b. In the event a certified physician selected bythe Town finds said disabled employee fit
to return to duty, it is the responsibility of the employee to do so.
c. ~ailme on the part. o£the employee to return to duty after being notified that he/she has
been found, fit to perform his/her polic~ duties, it is then incumbent upon the employee to reqnest
a 207-c hearing pursuant to General Municipal Laxv.
d. When an employee requests a 207-c hearing, then he/she must utilize all of his/her own
accrued leave entitlements if the employee wishes to remain/n 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 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 compensation.
f. 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. Should the Tox~ax Board fred in favor of the disabled Police Officer, then ail leave
entitlements; utilized from his/her accrued leave bank shall be restored. This shall also include
holiday and night shift differential if the employee is eligible to receive same.
h. Should the Town Board find the Police Officer fit to return to duty and said employee
disobeys such directive from the Town, he/she then may face disciplin,ary action, which ma3,
include suspension and/or discharge.
SECTION 5. NOTICE OF PROMOTIONS
5_ 1 Notice of ali promotional positions in the Town Police Depaxtment 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 An employee who is scheduled to hake a Town pohce-related departmental promotional
examination shall be entitled to eight (8) consecutive hours off-duty prior to the scheduled time
of such examination provided:
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· a_ That the officer is scheduled for the'tour imm ediatelyprior to the time of
commencement of the examination.
Such off-duty time shall be with pay.
SECTION 6. VACATIONS
6.1 The Town w/Il adopt tl?e yac~ion schedule as follows:
a
Start through first year - five (5) xvorking days.
Second through fifth year - sixteen (16) working days.
Sixth through tenth year - nineteen (19) working days.
Eleventh through fifteenth year - twenty-two (22) working days.
Si~eenth through twentieth year'- twenty-eight (28) working days_
6.2 Members shall not be entitled to accumulate more than fifty percent (50°,/0) 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 thi~ Section_
Requests for payments in excess of five thousand dollars ($5,000.00) must be in x~ting
and.submitted to the Town prior to September 1 of the year preceding the year in wh/ch payment
is to be made, with the exception of the last year of work prior to retkement when no notice is
required. Nom4thstanding the above, however, a member shall only be allowed to carry over a
maximum of eight (8) unused vacation days in the follo~fing calendar year tbr 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_ Und~ no circumstances shall a member
be entitled to actually take more vacation days than is proxdded for in 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 th/try-five (35) in his/her sixteenth through
twentieth.
6.3 Employees who so desire may volunteer to work, if acceptable to the Department,
during their ~nmlaI vacations. Such work will be compensated at sU-aight t/me, 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 employee, i.f transferred not by choice from on~ squad to another, shall have the
right to maintain his/her previously selected vacation.
6.5 If auy employee is on his/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
returning to active duty_
6.6 An employee on vacaffon"rn~.y'~ign out off sick leave ff sickness or injury occurs while
on vacation and he/she is confined to his/her residence or is hospitalized_ Sickness is to be
verified by physician's certificate. Time of sickness or injury shall not be charged to vacation
time of employee, but shall be charged to sick leave.
6.7 Employees with more than one (1) year of service in thc Police Department shall be
permitted to divide their vacation time imo a maximum often (10) one (1) day segments,
provided that the Chief o£Police, or his/her designee, receives sufficient notification to arrange
for rescheduling of tours o£dmy. Vacation time, other than one (1) day segments, shall be
scheduled on the basis of seniority, in the following manner to wit:
a. First selection - on the basis of seniority within rank, all employees shah select the time
of their vacation.
b. Second selection - after ail employees have made a first selection as proxdded in
paragraph a above, those employees who have elected to divide their vacation time shall make a
second selection based on seniority within Parlk.
c. Third selection - after making the second selection, as prowded in paragraph b, above,
the employees with remaining vacation periods due them shall make a final selection oft/me
when the remainder of their vacation shall be taken, based on seniority within rank_
d. Two (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 ~om each squad may be on vacation at the same time.
6.8 Betw~n 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 abihty to request and take single
vacation days during this same period.
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SECTION 7. LEAVE OF ABSENCE, SICK D~kYS, CHgt.r) CARE AND HOLIDAYS
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 Strffolk County and the
provisions of Section 243 of the Military Law of the State of New York.
7.2 a. All employees shall be entitled to fifteen (15) sick days in each calendar year. Unused
~ck4eave may be acc:a~, ulated np to a maximum oft~ee hundred (300) days. Upon retirement, _
each employee shall be entitled to be compensated f~r t~e v'~J~xe'~f-ofiehun~red (1.00%) percent ......
of the first two hundred (200) days of his/her accumulated unused sick leave, or any portion
thereof: Additionally, an. employee shall be entitled to receiv~payment for an additional forty
(40J mmsed s[ckday5 beyond the two hundred (200) day maximum at. the rote of one:(1) day of
pay for each fwo (2).days 0f unused sick leave. The Town B6ard shall be:the option to pay the
same to, the emplo3~ee,, either in a lump sum payment at.the time cfft~e employee's retirement.or
in regular-paSqofl paymems/mrnediately pricn- to such retkement
7.2 b_ The Chief~yf Ponce, in the exercise o£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 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 fzom 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
an employee's spouse of immediate family living in the household cannot take ca~e of
themselves or take care of the children o£the employee for which the employee has the
responsibility of a 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 three (3)
unused sick leave days if the employee submits such a request m writing to the Toxxm by on or
before November 15 of that year.
7_3 An employee shah be granted a leave of absence not exceeding two (2) years without
pay by reason ofpregnancy of the employee. Such employee, upon the expiration o f such period
of leave of absence, shall be restored to the same or comparable position of employmenk 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 th~,optio, n of the employee, the employee shall be entitled to continue such benefits
at the employ~'~ own expense. ' ' '".."i!-;i
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7.4 ~. Each employee shall be entitled to receive equivalent time off or receive compensation
in lieu of such equivalent ~ne off for the following holidays, whether or not such employee was
required to report for duty on such days, to wit: the first day of January, k~own as New Year's
Day; the thi~rd Monday of January, lmown as Martin Luther King, Jr. Da~ the 12~ day of
February, known as Lincoln's birthday;, the third Monday in February, known as Waslinagton's
birthday;,I Easter Smaday; the last Monday of May, known as Metnori~ Da~ the 4th of July,
known as Independence Day; the first Monday i~ September, Imo~rn as Labor Day;/[.he second
M0nda~y in, October, knov~ asColumbus ~av: the first Tue'sd~v after the fir~ I~fohday~
Novefi~er, Jcrtown as Elec~aon Day;, the I I. day of November, l~ox~m as .~ eterans Day; the
rough ~dayfia November, knox~m ai Thanksgiving Day; the 25~ davy of December, knoxvn as'
ChristmasDay.
7.4 b. Employees who actually work on a designated holiday shall receive four (4) hours of
additional compensation for working that particular holiday.
7.5 For the purpose ofimplementmg 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 erk~,ing year. On or before December 1~ of each year, the Police Depattment 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 befoie '
December 15~ of such year, the Town shall pay to each employee a sum equal to the number of
ho~days remaining due to each employee. ,~m employee xvho separates fi-om service after he/she
received the benefits of tiffs section and prior to a holiday for which he/she has been
compensated, shall have deducted from his/her final payroll check an mount equivalent 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 daration as the Chief of Police or officer in charge raay in his/her-discretion approve for the
purpose of attending business affairs.
7.7 a. Employees shall be entitled to four (4) days persona/leave of absence with pay each
calendar year for the purpose of attending to personal matters, provided that the tUne 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 mason 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 mason
justifying the ~eed forsaid pe~onal day shall be submitted. However, p~niss/on for a pa-sonal
leave day shall not be withheld if there are adequate personnel available to fialfill the ~aff/rig
needs of the Deparlment
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7.8 An employee, on application of his/hex eommunding officer, shall be grauted four (4)
continuous days, including scheduled days offwith full pay, in case of death in his/her
"immediate f,mity", which shall be defined as.spouse, child, father, stepfather, mother,
stepmother, brother, sister, parent-in-law, son-in-law and daughter-in-law. An employee shall be
granted one (1) working day off to attend the funeral of his/her grandparent, brother-'m-law,
sister-in-law, foster parent, foster child, niece, nephew, uncle, aunt, half-brother or half-sister.
GrandpareCts and.foster parents shall be included among those for whom;lo.ur days death leave is
........... ~o~zbl~ if it is necessary, ifthe .eq.~. p~oyee ~ltends the funeraj and he/she has c~emons-trated lo
the co .mmandiZng officer that there has been a sufficientiy ck~se relati~nship'~a~ .h'e(~h-e-~ld '
normal[5r be expected to. need such au amount of time away from work, includ~;fime for traveI
to the funeral.
7.9 The PBA President shall be entitled to sixteen (16) paid leave days per year (17
effective January 1,2001, 18 effective January 1, 2002) in addition to the various leave benefits
provided for in this contract, for the purpose of attending PBA meefmgs, conventions and other
like-commitments. If, for whatever reason, the President is unable to attend these functions,
he/shem,ay c[elegate the ~ice President or the Secretary/Treasurer as the President's.
representative. The Suffolk County Police Conference Dixector shall be entitled to three (3) paid
leave days per year tolattend the various conference functions. The Chief shall continue to have
the tight to deny a request for paid leave days due to Departmental neects.
7.10 The PBA shall designate a maximum 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 negotmting session,
such member shall be excused ~om his/her tour of duty for that calendar day but shall be deemed
to be on duty for all other purposes. This shall in no way limit the actual number of
represen,tatives attending and/or participating in any negotiating s.gssion, but shall only limit
those bein~ paid during their attendance. For purposes oft,his section, the calendar day shall
include the day before a midnight tour or the day after the midnight tcmr.
7.11 a. The existing duty chart of three (3) rotating 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-MO shall be continued. Members
shall have the right to choose two (2) paid leave days ("RDO's') per cycle on a seniority basis
within the Southold Police Department_ A cycle shall be defined as one complete set of tkree (3)
tour rotations. The duty chart shall be 239 days per year. Personnel appointment after January
30, 1996, for the first two (2) years of their employment only, shall work 260 days per year.
7.11 b. At the discretion of the Chief of Police, a new patrol squad of full-time police officers
may be 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'assiz,,,,,ent of offie,~s m this ~quad .~hull bo as follow~e .Not f*wer.t~m3~-.~'-.~.hal~..: :~:-+c~
of the squad;members who volunteer for the assi~mcnt shall be assigtiixl by Seni6'~?~8t: .: '/:i
they meet or exceed the performance standards, and q,m~ificalions, set by the Chief. The
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remaining assignments shall be made by the Chief; utili~ng the same criterh. A member may be
removed from this assignment if deemed as not meeting either or both of these criteria. In this
event, the ~mployee.mayrequest a review by a four (4) member labor-management 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 Tow'~ and PBA may agree in writing at any time upon any additional terms and
conditions of a new patrol scluad tour/shift established by the Chief'pursmmt to this paragraph.
7_ 12 The Town shall have the option of assigning personnel to a split shift in accoidanfie
with this sed~or~ The split, shift shall be of one continuous eight (8). ho~,. period spanning the
late evening to the early morning ho~rs. Personnel for the split shift shall be reassigned from the
twelve (I2) ~ eight.(8) shift. An emptoye~shag be notLfied anctassigned to the split shift at least
one (1).week prior to-the commencement of such assignment Assigpment ofpersonnel-to the
split shift shall at no thne create a below minimurn staff'mg situation (three~police ofl~cers and a
sergeant) upon any shi~. Shortage of personnel for the tweBre (12).to eight (8) shif~ will be
covered by the assignment oftadditional personnel on overtime. Ass~gnmentsto the split shift
shall be.$y se/fiority On a rd.taXi, 'rig basis, Emplg?es ,a~sign .e~; to the spli~ shift in the manner and
as rlescnbed:,h, erem shall not:be entitled to ore ,rk. mae pay or cl/ang.e_ of tour mmpensatmn
oth~ pay:able.
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&er 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 scheduling will be done in writing
no less than ninety-six (96) hours in advance of the change and insofar as is practicable, the relief
officer shall receive h/s/her work schedule not less than ten (10) days prior to the end of the
previous month.
SECTION 8. RETIREMENT BENEFITS
8.1 The Tawn agrees to make the provisions of Section 384-d of the Retirement and Social
Security Law (optional twenty yeur retirement plan) applicable to the employees, and to take the
appropriate action to assume the additional cost thexeof. The Town of Southold, shall adopt the
New York Slate ~ent Plan Section 375(I), and provide such benefit to any police officer
who raires,
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8.2 The Town agrees to make the provisions of Section 384 subdivision (f) and (g) of the
Retirement and Social Security Law (l/60th increased pension) applicable to the employees, and
to take 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
Re6rement and Social Security Law ("l/60th B/Il", 1989 Session Laws Chapter 453) applicable
to the employees, and to take the appropriate action assume the costs thereof_
8.4 The To;vn 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 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
notification must be no less than forty-five (45) days prior to the date of the adoption of the
budget, but in no evenl, later than October 1~. 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
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
opportunity ~o do so. Time limits for notice to be g/yen herein may be waived by the Toam, in its
sole discretion. In the event of severe health or persorml probleam of an employee, such
requirements shall not apply. In the event of death, the notice requirements shall not apply and
the payment involved shall be made 1o the person or persons entitled thereto as soon agrer 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. SALAiLIES . -
9-1 All nexvly 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 jurisd/ction shall be placed at the ftrst year salary step as set forth below, unless otherwise
ag~ c .... ~: the parties hereto.
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Police Officer - Salary Rates
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Period of Service 1/1/00 1/VOl 1/1/02
FkstYear $28,105 $29,229 $30 471
Second Year $44,340 $46,114
Third Yea~ ....... $51,835 $53,908
Fourth Year $59,329 $61,702
Fifth Year $69,246 $72,016
Sergeant Sala-9T Rate $81,430 $84,687
Liemenant Salary $91,557 $95,219
Rate
$48 074
$56 199
$64 324
$75 077
$88 286
$99 266
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 ass/?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 hereofi
During the term of this A~eement:
(i) The ~nnual sum of five hundred ($500.00) dollars during the f~rst year of such
assignment_
(ii) The annual sum of one thousand ($1,000.00) dollars during the second year of
such assignment. . -
(iii) The annual sum of one thousand six hundred ($1,600 00) dollars during the third
year of such assignment.
(ix,) An annual sum of three thousand two hundred and fifty ($3,250.00) dollars during
the fourth and subsequent years of such assignment.
b_ Detectives assigned to the detective division shall receive additional compensation at
the rate of one (1) hour straight time for every eight hours on call. If, during the assigned period,
the detective is called to duty, they shall forego compensation under this Section and be
. .compensated consistent with Section 13.1 of this Agreement Effective July 1, 2002,-thc rate~
· . ~. ~::~..
should be increased to I .$ hours of si~'aight time for every eight (g) hours on call.
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9.3 Tour Differential
a. Effective January 1, 2000, a $3,310 per annum amount as a tour differential shall be
granted each employee who works three (3) tours around the clock or a steady night tour.
Effective January 1, 2001, this per annum shall become $3,420. Effective January 1, 2002, this
per annum amount shall become $3,530_
b. Effective J~anuary 1, 2000, a $2,050 per ~nn~-n amount as a tour differential shall be
granted each emPlOyee who wo}td[Wb (2) rotating tours of duty. Effective January 1, 2001, this
per annum mount shall become $2,100. Effective January I, 2002, this per annum amount shall
become $2,150.
c. If an employee who is not normally scheduled to work three (3) rotating tours of dnty
should, over the course of the calendar year, work twenty (20%) percent of his/her tours between
12:00 A24i., and 8:00 A.M., said employee shall be entitled to full tour differential instead of
partial differential.
9.4 D.A.R.E. Stipend
A Police Officer assigned as the D.A.R_E. instructor shall receive a yearly stipend of one
thousand ($I,000) dollars. This D.A.R.E. stipend is not available to detectives or superior
officers.
SECTION 10. LONGEVITY PAY
10.1 Employees hired prior to January 1, 1997 shall receive additional compensation based
upon length of service as follows:
a. Employees with at least ten (10) years bm less than fifteen (L5~ 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 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 eligible therefor.
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10.2 Employees hired on or after January 1, 1997 shall receive additional compensation
based upon length of serviee as follows:
Employees with at least ten (10) years but less than fifteen (15) years of service shall
receive a fiat dollar mount of twenty-five hundred ($2,500) dollars_
b_ Employees with at least fifteen (15) years but less than eighteen (18) years of set,fee
.shall rec~ve a fiat dollar amount of three thousand ($3,000) dollars.
c. Employees with eigl-aeen (18) years or more years of service shall receive a fiat dollar
amount of three thousand five hundred ($3,500) dollars.
SECTIONll. COLLEGE CRED~
11.1 Employees shall receive additiona/compensation based upon successful completion of
police science sources qualifying for credit toward a~ Associate Degree in police science in an
accredited college or university as follows:
Such employee successfully completing thirty (30) hours shall receive a salary increase
of one (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 month after which the employee becomes eligible therefor_
SECTION 12. HOSPITALIZATION
i2. t The Town agrees to make available to the employee the group health insurance plans
provided by the State of New York. 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 te~m ofttds contract, whichever is longer after such death on behalf of
the deceased's family.
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12.2 Health Insurance Declination Bom,~ Employees may opt out of the health insurance
program in whole or in part for a full year by completing the appropriate form furnished by the
Town. An employee opting out of the health insurance program in whole or in part shall be paid
50% of the premium savings, provided the employee maintains the employee's waiver(remains
out) for a full year. Payments shall be subject to alt usual payroll deductions and shall be made
on or about December 15 of each year.
Employees electing, to waive coverage, must do_ so by.filing theft- forms no later than
November 30 in.any year, with the provisions of t~i~"~'edfidn taking'effect on the next January 1.
Once a waiver form has been filed with the Town, the waver shall continue to be in effect fi:om
year to year ~hereafter.unfiI the.employee elects to reenrolI.aud the employee shall be entitled to
the applieab.le payment for waiver for each full year his or h~r waiver is in effect
It is rmder3tood 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-causing
the loss of insurance through another source.and cousistent with the rules ami'regulations of the
Town's flexible spending plan and applicable laws and regulations. Emergency shall include
loss of employmenk or termination of insurance for, a spouse whose employer had provided the
alternative:insurance, Emergency shall not inc!ude the chaitge o..f any such alternative insurance
from a noncontributory to a contr/butory plan, or the voluntary declination of the spouse of
insurance offered by the spouse's employer.
Reinstatement of coverage for the succeeding year may be made by noti .lying the Town
in writing no later than November 30 to be effective the succeeding fiscal year. This deadlLne
shall not apply to emergency reinstatement of insurance as provided for in'the above paragraph,
but the reinstatemefft 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 vall repay, prorata, any amount already forwarded to the employee in return for the
waiver, by payroll d~duction. . -
SECTION 13. 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, 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 ~) 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 normal rate of salary. Proof of time spent for
Court appearances shall be certified to the Justice 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 compensatory time at the
same rate.
13.3 Overtime worked between Jannary 1'~ and May 31~ shall be paid on June 15m.
Overtime worked between June 1s~ and November 15m shall be paid on December 1~. Any
unpaid overtime accrued from November 15' to December 31~t shall be paid on January 15m.
SECTION 14. DEATH OF EMPLOYEE
14.1 The Town a.~ees to continue to provide t_he 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 his/her estate as soon as possible after his/her death.
SECTION 15. BENEFIT PLAN
15.1 Dental/Optical Insurance Benefits
The employees shall contribute an amount equal to that bemg contributed by the members of the
CSEA puranant 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 sanle terms, conditions, and conu-lbut~on levels, if any, as exist from time to tmie
for those members. This is contingent upon the agreement of the 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 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 conchtions and such other mat~ers 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 employee shall, within ten (10) days of an occurrence that is alleged to have
violated the Contract, within ten (10) days of his/her discovering said occurrence, submit his/her
grievanc~ in writing to the Chief of Police. The Chief of Police shall issue a written reply to said
gri~vanc~ w/thln ten (10) clay~ of its receipt ,-
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Step 2: Within ten (10) days of receipt oftha written reply of the ChiefofPohce, the employee
may appeal the decision of the ChiefofPohce to the Police Committee, Town of Southol& The
Police Committee shall consider such grievance at its next regularly scheduled meeting and shall
issue a written reply withqn 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 said grievance be subrn/tted to binding arbitration. This shall serve as the final step. The
....... A~bitrator shall be selected by, and the hearing conducted pursuant _to, ~ ~b_ijxatio_n rul~e.s~
New York State Public Employment Relations Board.
SECTION 17. DISCIPLINE AND BIIJ. OF RIGHTS
17.1 The parties hereto agree that they will comply wit the applicable provisions of law with
respect to disciplinary matters involving the employees.
17.2 _Al/members covered by this Agreement shall be entitled ko the protection of what shall
be hereafter termed the "Bill of Rights".
a. All charges or actions taken again.hr an employee covered by this Agreement whleh may
lead to disciplinaD' measures must be made in writing and signed by the Complainam.
b. The employer has established the following procedures to govern the conduct and
control of internal police investigations.
The wide ranging powers and duties given to the Town Police Department and its members
involves them in all manner of contacts and relationships with the public. Out of these contacts
come many questions concerning the actions of employees_ These questions often require
immediate investigations by the employer or its designee, usually the Police Chief or other
superior officer. In an effort to insure that these investigations are corr0ucred in a mariner which
~s constructive to good order and discipline, the followhig 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 investigation mandate otherwise. Where
practicable, interrogations should be scheduled for the day time and the reassignment of the
employee to the day skitt shall be employed. If overtime 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 by the investigating
officer. Usually it will be at the command to which the investigating officer is assigned, or at ..... :~ ~.-.
Police Headquarters. ' ' '
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(3) If an employee is directed to leave his post and report for interrogation to another
location, his/her immediate supervisor and the radio desk shall be promptly notified of his
whereabouts.
(4) The employee shall be informed of the rank, name and command of the officer in
charge of the investigations, as well as the rank, name and command of the interrogating officer
and of ali. persons present during the interrogation, and shall be advised of the fight to an
adjourrLment in order to hav.e_counsel md/ur Association represeraafive preseat.
(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- If it is/~nown that an employee being
interrogated is the target ora criminal investigation or a witness only, he or she shall be so
informed at the initial contact, or as soon as same is knox~m.
(6) The questioning shall not be overly long. Reasonable respites shall be allowed.
Time shall also be provided for personal necessities, 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 or reward shall be made
as an inducement to answering questions.
(8) The complete interrogation of thc employee shall be recorded mechanically or by
a stenographer. All recesses called during the questioning shall 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 such interrogation.
(9) If an employee is under ax'rest or is likely to be, that is if he/she is a suspect or the
target of a criminal investigation, he/she shall be so informed and be given his/her rights pursuant
to the Miranda decision.
(10) Except as provided in (9) immediately 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 service. Nevertheless, in
the interest of maintaining the usually high morale of the Police Department, the employer;, shall
advise the employee and afford an opportunity for the employee, if he/she so desires, to consult
with co;_rn~l and/or with a repre~mtalive of the Assodation before bein~ questioned,concexning .¢. ~.~: ,,
a serious violation of law or the Rules and Proeedur~, provided the interrogation/s'not nnduly" -'"
delay~L Howover, in such cases, the interrogalion may not be postponed for purposes of
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consultation past 10:00 A-M. of the day following the notification of interrogation. The
employee shall have the right to have counsel and/or an Association representative present to
assist dm-ing the interrogation.
SECTION 18. PERSONNEL RECORDS
18.1 Any employee shall be entitled to exam/ne his/her personnel file upon m~king request
therefor tg ~e Chleflo_fPolige, or Other officer in charge, in his/her absence. . , .
18.2 Upon request, any employee shall be furnished with a copy of any nonconfidential
material in his/her personnel tile_
18.3 Only one employee personnel tile shall be maintained which shall contain all material
with respect to such employee.
i8.4 No material derogatory to au employee, his/her conduct, character or service sh~i be
placed in his/her personnel tile unless he/she has been given an opportunity to examine the same
and affix his/her signature thereon, which signature shall indicate that the employee has.
Ox~rmined the s&in.e au~ ~ not bo 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 xm-itten
answer to any derogatory materi~l in said file wilhin ten (10) working days after receiving
notification of the proposed inclusion of the material in the tile.
18.5 If an employee is the subject of charges and specifications by m~ administrative hearing
0r-h-Ctiirt of competent jurisdiction, the only documents to be plac~d in the employee's
personnel file shall be the charges and specifications and the final adjudication thereof. Upon the
consent of the employee, the PBA, upon request, should be advised of the status, progress and
outcome of this matter.
SECTION 19. AMENDMENTS
19.1 Any changes or amendments to this A~eement shall not become effective unless the
same are in writing signed by the 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.
· ~'*~.:~ : ; : · . 5..-:,?~-~:iQl- ·
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SECTION 21. UNIFORM CLEANING AND UNIFO1LM EQUIPMENT AI.LOWANCE
21.1 The Towa agrees to pay the entire cost of dry.cleaning of all weaxing apparel in
connection with the police uniforms except washable items. The Town shall select an
appropriate dry cleaning service. The employee shall use the cleaning serviceselected by the
Town.
21.2 . Employees assigned for uniformed duties shall have available lhe annual sum of four
hundred ($400.00) dollars as a un~form and equipment allowance.
21.3 Employees assigned to a non-uniformed duties shall have available the annual sum of
six hundred ($600.00) dollars as a clothing and equipment allowance_
21.4 Any tmused allowance as outlined above will be credited to next year's clothing
allowance but may not be accumulated beyond the subsequent year.
SECTION 22. LEGISLATIVE APPROVAL
22.1 1TIS AGREED BYAND BETWEEN TH~ PARTIES THAT ANY PROVISION OF
THIS AGREEMENT REQ~G LEGISLATIVE ACTION TO PERMIT ITS
IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING TIlE ADDITIONAL
FUND THEREFOR, SHALL NOT BECOME EFFECTIVE LINTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.
SECTIiSN 23. APPORTIONMENT OF BENEFITS
23.1 In the event that the employment of an employee is terminated by reason of retirement,
resignation or other cause, all benefits provided herein shall be prorated up to 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-me (239) days or two hundred sixty (260) days, whichever number of days per year the
employee is assigned in accordance with Section 7.1 l(a) of this Agreement.
SECTION 25. STAFF MEETINGS
25A rl~ employees agree,that the Chiefbf Police shall have the.right-to schedule not m0m .,~:
:~ l'Wo (2) ~~ afthe employees with the yank ofserg~ and abeve re.each cil~d~r.
the employees, at which meetings police matters may be considered.
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SECTION 26. ETI-]/CS DISCLOSURE
26.1 The Lieutenant and Admimstrative Officer must comply with the disclosure
requirements set forth in the Town of Southold Ethics Law.
SECTION 27. TERM OF AGREEMENT
27.1 The term of this Agreement shall be three (3) years to become effective January 1, 2000
and termmate -on :Deceh~be~'~ 1,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals th/s 6~ day
of June, 2000.
SOUTI-IOLD TOWN POLICE TOWN OF SO,UT, HOLD ~
BENEVOLENT ASSOCIATION, INC_ ' '/:;/"' .ff,~/
//