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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 SECTION 24 19 23 15 11 13 4 14 17 16 26 12 7 22 10 2 2O 5 18 3 10/23/00 PAGE 19 18 19 15 13 14 2 15 16 15 20 13 6 19 12 1 18 3 2 R~cogrdfion Retirement Benefits Salaries StaffMeetings Term~ of A~¢ement Uniform Cleaning Vacations 1 8 9 25 27 21 6 10/23/00 1 9 10 19 20 19 4 10/23/00 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. 10~3~0 SECTION 3. PROTECTION OF EMPLOYEES 3.1 Seniority a_ Seniority shall be determined on the basis of continuous employment in the Southold Town Police Department_ Additionally, an employee who has been transferred from another Police 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 2 10~3~0 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: 3 10/23/00 · 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. 10/23/00 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. 10/23/00 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 6 10/23/00 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 10/23/00 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 8 10/23/00 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, 10~3~0 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. 10 Police Officer - Salary Rates 10/23/00 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. I1 10/23/00 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. 12 10~3~0 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. 13 10/23/00 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. 14 10/23/00 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 ,- 15 10/23/00 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. ' ' ' 16 10/23/00 (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 17 10/23/00 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- · 18 10/23/00 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. 10/23/00 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,~/ //