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HomeMy WebLinkAboutPBA Contract AGREEIV~NT BET~VEEN THE TOX¥_~'N OF SOUTHOLD THE SOUTHOLD TOWN POLICE BENEVOLENT ASSOCLa~TION J_~N-UARY 1, 1997- DECEMBER 31, 1999 SIIBJ~CT TABLE OF CONTENTs SECTION PAGE Additional Compensation Amendments Apportionment of Benefits Association Leave Benefit Plan Bereavement Leave Bili of Rights college Credit Deatk of Employee Detective Duty Grievance Procedure Ethics Disclosure Holidays Hospitalization Injured Employees Leav~ of Absence Legal Services Legislative Approval Longevity Pay Management Rights No Strike Pledge Notice of Promotions Overtime Personal Leave 24 19 23 7.9 15 7.8 17 11 14 9.2 16 26 7.4.a 12 4 7 3.3 22 10 2 20 5 13 7.7.a 19 18 19 9 15 8 15 13 14 11 15 19 7 14 3 6 2 19 13 2 18 i4 8 TABLE OF CONTENTS SUBJECT Personnel Record Protection of Employees ~ecognition Retirement Benefits Salaries Seasonal Police Officers Seniority Sick Leave Sick Leave Buy-Out Split Shifts Staff Meetings Switching of Tours Term of Agreement Tour Differential Tours of Duty Uniform Cleaning Vacatiens SECTION 18 3 8 9 3.4 3.2 7.2.a 7.2 .e 7.12 25 7.13 27 9.3 7.11.a 21 6 PAGE 17 2 1 10 11 3 2 6 7 9 19 10 19 12 9 18 4 TI=[[S AGREE~rFNT made this dayof i [-~ , i997 by and between the TOWN OF S OUTHOLD, a municipal corporation of the State of New York (hereinafter referred to as the TO~,~N) and the Sou~rHOI_D TOWN POLICE BENEVOLENT ASSOCIATION, ~-C., a membership corporation of the State of New York (hereinafter referred to as the PBA or Association). WITNEgETH: x,¥2-IF_i~AS, 'Article 14 of the Civil Service Law pro~,Sdes that public employees shall have the right to be represented by employee organiTations to negotiate col/ectively with their public employer in the determination of their terms and conditions of employment, and to enter into written agreements w/th respect thereto; and WHE1LEAS, the PBA has been certified as the employee organization, as a result of an election, to represent all ~m~formed members of the Police Department of the Town of Southold, including all patrolmen, sergeants, lieutenants and detectives excluding the Ch'~ef of Police, and all other employees, said included m~-mbers of the Police Deparnuent hereinafter referred to as "employees; NOW, THEREFORE, the parties hereby agee as follows: SECTION 1. RECOGNITION 1. i The Town does hereby recognize the PBA as the exclusive employee organization to represent the employees and extends to the PBA the following fights: a. to represent the employees in negotiations and in the settlement of grievances; b. to membersh/p dues deduction, u!x)n presentation of dues deduction authorization cards signed by individual employees; and c. to unchallenged representation status until seven (7) months pr/or to the expiration dare of this A~eement. 1.2 Seven (7) months pr/or to the exp'xration date of this Agreement, the Town shall determine the employee choice of the employee organization to thereafter represent them on the basis of dues deduction authorization and other evidence, or, if necessary, by conducting an election in accordance with Article 14 of the Civil Service Law and Rules adopted pursuant thereto. 1.3 The parties agree that they will each conduct negotiations in good faith, exchange viewpoints, make proposals and counter-proposals, make available to each other ali relevant records, data and information/n the possession of the other to the end that mutual understanding and agreement may be reached with respect to the terms and conditions of employment and the administration of grievances of the employees. SECTION 2. NL4NAGEMEN-r RIGHTS 2.1 Not contrary or inconsistent with the terms o f this a_greement or civil service law the Tovm reserves the ~g[it ro determine the standards of laxv enforcement and related services to be offered by its Po[ice Department; to set the standards of selection for employment; m direct its employees; to regulate work schedules; to take disciplinary action; to abolish positions; to .rosimain the eflS[ioiency of governmental operations; to determine the content ofjob classifications subject to Civil Service Comin/ssion approval; to take all necessary actions to carry out its mission in emergencies~ and to exercise control and direction over its organization and technology of performing its work. SECTION 3. PROTECTION OF EM?LOYEES 3.1 All employees appointed ~om a valid Civil Service list shall be mfforded the protection of the provisions of .an-ticle 5 oft_he Civil Se,wice Law and/or .~rticle 10 of the Town Law, whichever shall be applicable. 3.2 Seniority a. Se~oriW shall be detennined on the basis of continuous employment in the Southold Town Police Department. Additionally, an employee who has been transferred firom another Police Department ~vithin Suffolk County to the Southold Towu Police Department shall receive credit for pm-poses of serfiority for continuous time served in such other Police Departments in Suffolk County. b. NoP,vithstanding any other pro~zsion of this agreement, semor/ty for purposes of selection of vacations and re_mtlar days off; shall be determined on the basis of continanus employment in the Southold Town Police Deparunenr- 3.3 Legal Services The To~xm shall provide legal services to an employee against whom an action or proceeding has been commenced invoiv'.mg any matter occuning wJthin the scope of his/her employment as an officer or employee of the To~vn. 2 3.4 Seasonal Police Officers a_ The Chief of Police, or his designee, shall have the right to deploy "Certified Seasonal .Police Officers", who are actually on duty to perform functions (other then acttml sector assignments) that are deemed necessary by the Chief of Police, or his designee. b. Notwithstanding the above, Seasonal Police Officers may be used for all other assignments, including sector assignments, when the full-time compliment of I)olice Officers is depleted due ro court appearances, medical absence or vacations, or in emergency conditions when the full-t/me compliment of Potlce Officers is insnfficient to insure adequate protection of life and property_ SECTION 4. COMPENSATION - INJURED ENJ[PLOYEES a_ Employees who sustam physical injuries in the performance of their duties, shall provide the Town with copies of any medical reports prepared by the employees doctor related to their injury_ Except as provided in subpara~aphs b thru h, the employ~ shall receive full salary, including ail compensation entitlements dm-rog the period of disability or until eligible for a disability pension, or death, whichever shall first occur. Any sums received by such eraployee under the provisions of the Worker's Compensation Law for lost earnings as result of sanh injury shall be paid by such employee to the Toxin. b. In the event a certified physician selected by the Town finds said disabled employee fit to return to duty, it is the responsibility of the employee to do so_ c. Failure on the part of the employee to remm to duty after being notified that he/she has been found fit to perform his/her police duties, it is then incumbent upon the employee to request a 207-c heating pursuant to General Municipal Law. d. When an employee requests a 207-c heating, then he/she must utilize all of their own accrued leave entitlements if the employee wishes to remain in a leave with pay status, pending the resolution of the 207-c Heating Officer recommendations. In the event no such leave entitlements exist, the employee will be placed in a no-pay status, pending the resolution of the 207-c heating. e_ It is further understood by the employee that whether they are in a paid leave or no-pay status, the only benefit they may receive is holiday compensation. f. The heating officer at the conclusion of the 207-c hearing, shall as soon as reasonably possible, tbrwards its findings and recormnendations to the Town Board_ Should the Town Board find in favor of the disabled PoLice Officer, then all Ieave entitlements, utilized from his/her accrued leave bank shall be restored This shall also include, hol/day and night shift differential, if employee is eli~ble to receive same. h. Should the To,ma Board fred the Police Officer fit to return to duty and said employee ctisobeys such directive ~om the Town, he/she then may face disciplinary action, which may include suspension and/or discharge. SECTION 5. NOTICT2 OF PROMOTIONS 5.1 Notice of all.promotional positions in the Town Police Deparlrnent shall be posted on available bulletin boards at police headquarters and al} employees shall be given au oppommity to make application for such positions. 5.2 An employee who is scheduled to take a Town police-related departmental promotional examination shall be entitled m. eight (8) consecutive hours off-duty prior to the scheduled time of such examination provided: a. that the officer is scheduled for t~he tour immediately prior to the time of commencement of the examination. b. Suca o=:-duty um~ =hail be 5xat~ pay. SECTION 6. VACATIONS 6. ! The Toxin will adopt the vacation schedule as follows: a_ Start fln-ough fa~t year - five (5) working days_ b. Second throu~h fifth year - sixteen (16) working days. c. Sixth through tenth year - nineteen (19) working days. d. Eleventh through fifteenth year - twenty-two (22) working days_ e. Sixteenth through twentieth year - twenty-eight (28) working days. 6_2' Members shall not be entitled m accumulate more than fifty percent (50%) of their unused vacation fi:om year to year. The balance of vacation leave may be accumulated as set forth above and payment mede upon reasonable notice in accordance with this Section_ 4 Requests for payments in excess of five thousand dollars ($5,000_00) must be in w-riting and submitted to the Town prior to September i of the year preceding the year payment is to be made, with the exception of the last year of work prior to retirement when no notice is required. Notvnthstanding the above, however, a member shall only be allowed to carry over a maximum of eight (8) unused vacation ddys m the following calendar year for purposes of additional vacation only. A member who has accumulated unused vacation days may apply only' eight (8) of those days m the following years schedule. Under no circumstances shall a member be- entitled, to ect~atly take more vacation days as provided for in Section 5.1 a_ Through 5.1 e. above, wi~ 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 second through fifth year, twenty-seven (27) in his sixtkr throu*da tenth, thirty (30) in his eleventh throngh,fifteenrh and thirty-five (35) in his sixteenth tlxough twerrtieth. 6.3 F, mployees who so des/re may volunteer to work,, if acceptable to the Depmuaent, during the'n: annual vacations. St.Ich work will be compensated at straight time, unless an employee works in exc,?ss of eight (8) hours. Such volunteers may be assigned to any normal police duties. 6.4 :An employee, if transferred not by choice form one squad, to another, shall be the right to maintain his previously selected vacation. 6.5 Lt'any employee is on his/her ~'~rst week of vacation and is outside the To~wb and is recalled from vacation to active duty, he..;abe shall be ~ven credit for an additmnal five (5) days vacation ~ime. Such employee shall also be paid for hi~rher necessary travel expenses incurred in returning ro active d~a~... 6.6 _An employee on vacation may sign out on sick leave if sictmess or injury occurs while on vacation and he/she isconfined to his,2aer residence or is hospitalized_ Sickness is to be verified by physician's certificate_ Time of sickness or injury shall not be char~d to vacation t/me of employee, but shall be charged to sick leave. 6.7 Employees with more than one (l) year of service in the Police Department shall be permitted to divide their vacation time into a maximum of ten (10) one (1) day segments, provided that the C"dief of Police, or his,~er designee, receives sufficient notification to arrange for rescheduling of tours of duty_ Vacation time, other than one (1) day seg-ments, shall be scheduled on the basis of seniority, in the following manner, to wit: a. First selection - on the basis of seniority with the SouthoId Police Department, all employees shall select the time of their vacation. b. Second selectmn - after all employees have made a first selection, as provided in para~aph a. above, those employees who have elected to divide their vacation t'nne shall make a second selection based on seniority, with the Southold Police Depanmem. c. Thh:d selection - after making the second selection, as provided in para~aph 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 with the Southold Police Department. 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. e. One (i) employee from each squad may be on vacation at the same t.[me. 6.8 Between Memorial Day and Labor Day, employees total vacation picks may not exceed sevea (7) days. This shall not in any way affect an employees ability to request and take single vacation days during *&is same period, SECTION 7. LEA~v~E OF ABSENCE, SICKDAYS, CHILD C,4J~E _~ND HOLIDAYS 7.1 Leave of absence without pay shall be grained to employees in accordance with the provisions of Rule 24 of the Rules of Classified Civil Service of Suffolk County. and the provisions of Section 243 of the Military' Law of the State of New York 7.2 a. Ail employees shall be entitled to fifteen (15) sick days in each calendar year. Unused sick !ave may be accumulated up to a maximum of three (300) days. Upon retirement, each employee shall be entitled to be compensated for the value of one hundred (100%) percent of the first two hundred (200) days of kis/her accumulated unused sick leave, or any port/on thereof. Additionally, an employee shall be entitled to receive payment for an additional forty (40) unused sick days beyond the two hundred (200) day max/mum at the rate of one (1) day of pay for each two (2) days of unused sick lave. The Town Board shall be the option to pay the same to the employee, either in a lump sam payment at the time of the employee's retirement or in regular pa)roll payments immediately prior to such retirement. 7_2 b. The Chief of Police, in the exemise of h/s/her discretion, mayrequest written physician's certificate in all cases ~vhere 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 from sa/d employee's s/ck leave. 7.2 d. An employee may use up to five (5) days "sick leave" per calendar year in the event that qn employee's spouse of immediate ~amily living in the household cannot take care of themselves or take care of the children of the employee tbr which the employee has the 6 responsibility of a parent or ~_m.mrdian. To be entered to such leave, the employee must furnish proof of such incapacitating illness and of the employee's respons~ility as a parent or guardian. 7.2 e. Employees who have accttmulated one hundred (100) sick leave clays, may at his/her option request cash compensation for u~o to s/xty percent (60 %) of those days in excess of one hundred (100) based on the employees drily rote of pay when payment is received either in 1998 and/or 1999 in accordance with the following provisions: (1) Commencing May 31, through July 1, 1997, an employee may file a written request with the Police Chie~ indicating the number of sick leave days irt excess of one lmndred (100) he/she wlskes to receive cash compensation for. 8ucl~ compensation shall be p~able ha the month of Jun~ry 1.998 at the dai~y rate of pay in effect at such time, howevei2, the number of employees to receive pay ha !998 shall not exceed seven (7) .to be determined strictly on the basis ofseniorky. Ail employees electing ha 1'997 and not paid ~ 1998, shall be payable in the month ofiannary 1999 atthe daily, rate of pay ha effect at that thne. (2) This program shall be repeated in 1998, May 31, through July 31, 1998, payment to be made no later than January 31, 1999 at the daily,ram of pay applicable at that time. (3) Once an employee who is eligible declares in writing during the window periods described heroin, such declaration shall not be revocable. 7.3 .~n employee shall be granted a leave of absence not exceeding two (2) years without pay by reason of pregnancy of the employee. Such employee, upon the expiration of such period of leave of absence, shall be restored to the same or comparable positron of employment, if the same is available. The Town shall continue the employee's major medical/hospitalization benefits for a period of three (3) months beyond normal entitlements during such leave. Thereafter, at the option of the employee, the employee shall be entitled to continue such benei:i~s at the employee's o~n expense. 7.4 a_ Each employee shall be entitled ro receive equivalent time offor receive compensation ha lieu of such equivalent time off£or the following holidays, whether of not such employee was required to report for duty on such days, to.wit: the first day of tanuary, known as New Year's Day; the third Monday of January, known as Martin Luther King Jr., Day, the 12th day of February, known as Lincoln's birthday; the th/rd Monday ha February, known as Washin~on's birthday; Easter Sunday; the last Monday of May, known as Memorial Day;, the 4th of July, known as Indepe~-tdence Day, the first _Monday in September, known as Labor Da~ the second Monday in October, known as Columbus Day; the first Tuesday after the first Monday in November, known as Election Day; the 1 lth day of November, known as Veterans' Day; the fourth Thursday ha November. known as Thauks~ving Day; the 25th day of December, known as Christmas Day. 7 7.4 b. Employees ~vho a~tually work' on a designated holiday shall receive four (4) hours of additional compensation for working that particular holiday. 7_5 For the purpose of implementing the provisions of Section 7.4, on Janmary 1st of each year, each employee will be credited With the total number of holidays to Which be'she is entitled for the ensuing year. On or before December Ist of each year, .the Police Department shall prepare and subm/t to the Super~hsor a schedule indicating the total number of holidays that each employee is entitled to.for such year, tke total nmnber o£holldays charged ag,lnst each employee for such year and the total number of holidays remaining due to sa/il employee. On or before December t5th of such year, the Supervisor shall 12~y to e~oh employee a sum equal to the nnmberof'hot[days rem,~nlug due to each employee. ~m employee who sclaarates ~om.service after l~e/she.received the benefits of this se~tioa:and prior to a holiday for which he/she ~ been compensated,: shall have ~leducted.from his/her ~final p~yroll ~check an amount equivalent to the compensation mceivecl.' for said holiday. 7.6 Employees shalt be entitled to be absent from dray without pay at such time and for sucli dnration.as the~Chief of Folice or officer in charge may in his/her discretion approve for the purpose of attending business affairs_ 7.7 a_ Employees shall be entitled to four (4) days personal leave of absence withpay each calendar year for ~he pm-pose of attending ro personal matte~, provided that the time ofmkhng 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 leave five (5) days prior to that day, no reason for the leave shall be reqmred. 7.7 c. If said ~quest is received less than five (5) days prior m the requested day, the reason jusfi.fying the need for smd personal day shall be submitted. Howevar, permission for a personal leave day shall not be withheld if there are adequate personnel available ro fulfill the staffing needs of the Department. 7.8 An employee, on application of his commanding Officer, shall be granted four (4) continuous days including scheduled days offwith full pay, in case of death in hisiher "immediate family", which sh~ll be defined as spouse, chid. 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 grandparenk brother-in-law, · sister-in-law, foster parent, foster chi/d, niece, nephew, uncle, aunt, halt-brother or half-sister_ Grandparents and foster parents sba/1 be included among those for whom four days death leave is allowable if it is necessary, if the employee at'rends the funeral and he/she has demonsu-ated to the commanding officer that there has been a sufficiently close relationship that he/she would normally be expected to need such an amount oft/me away ~om work, including time for travel to the funeral_ 7.9 The PBA President shaI1 be entitled to fifteen (15) paid leave days per year ha addkion to the various leave benefits provided for in tiffs contract, for the purpose of a2endhag PBA meetings, conventions and other like comments. The Suffolk County Police Conference Director shall be entitled to three (3) paid leave days per year to attend the various conference functions. 7.10 The PBA Shall designate a maximum of two (2) of its members, ha advance, to attend any formal n~otiation'sesshan ~Sth the Town, or its representative. In the event any such designated member is scheduled to work on the calendar day of the schedule negotiating session, such member shall be excused form his/her tour of duty for that calendar day but shall be deemed to be on du~y for all other purposes_ Th/s shall in no' way limit the actual number of representatives attend'rog and/or participating ha any negotiathag session but shall only limit those being paid dm-ing their attendance. For purp.oses of this section, the calendar day shall in¢tude the day before a mid.night tour or the day ~ffer the midni*~at tour. 7. l 1 & The existing du~ c.ham of three (3) rotating tours of duty (i.e., 8:00 A.M. to 4:00 P.M.; 4:00 P_~L to 12:00 Midnigl-tt; and 12:00 Mfdrfight to 8:00 A-~L) shall be continue& Members shall the right m choose two (2) paid leave days ("RDO's") per cycle on a seulority basis within the Southold Poli~ Department_ A cycle shall be defined as one complete set of three (3) tour rotations). The duty chart shall be 239 days per year. Personnel appohated after January 30, 1996 for the first two (2) years of their ~-mploymaent only shall work 260 days per year. 7.11 b_ At the d/scretion of the ChiefofPolice a new' patrol squad of fiJii-time police officers may be established to work two (2) rotating tours (i.e., 8:00 A.M. to 4:00 P.z'vL; 4:00 P.M_ to 12 Mictnight). The assignment of officers of this squad shall be made solely on a voluntary basis, by seniority.. A four (4) member labor-management committee consisting of the Chief of Police and his designee along with the PBA President and lfm designee shall meet upon ;~a-iaen request to monitor/d/scuss the matters pertaining to this new squad_ 7.12 The Town shall have the option of assigning personnel to a split shift in accordance with this Section. The split shift shall be of one continuous eight (8) hour period s?noing the late evening to the early morning hours. Personnel for the split shift shall be reassigned fi-om the twelve (12) to eight (8) shift, gm employee shall be notified and assigned to the split shift at least one (1) week prior to the commencement of snacb_ assignment. Assj~rnent of personnel to the split shJX5 shall at no lime create a below minimum staffing situation (three police officers and a sergeant) upon any shift_ Shortage of personnel for the twelve (12) to eisDat (8) shiL will be covered by the assigrmaent of additional persormel on overtime. Assignments to the ~lit shift shall be by seniority on a rotating basis_ Employees assigned to the split shift ha the mariner and as described heroin shall not be entitled to overtime pay or change or'tour compensat/on ofiaerw~se payable. 9 7.13 Police Officers shall be permitted to switch tours of duty provided that: the same is approved ha ~Tithag by the Lieutenant, or in his/her absence, the officer in charge. b. the same does not result in any increased costs to the Town; c. the same does not disrupt normal pohce operations. 7.14 Insofar as is practicable, any change in relief officer scheduling will be done in writing no less than ninety-sL~ (96) hours ha advance of the change and insofar as is practicable, the?elief sergeant shall receive his/her work schedule not less than ten (10) days prior to the end of the previous month_ 8.0 RlhTIRE~[ENT BENEFITS 8,1 The Town ~*rees to make the provisions of Section 384-d of the Retirement and Social Securi¢' l_aw (optional twenty year retirement plan) applicable ro the employees, and to take the appropriate action m assume the additional cost thereof. The To.wu of Southold, shall adopt the New York State Rerk'-ement Plan Section 375 (I), and provide such benefit to any police officer who retires. 8.2 The Town ~orees to make the provisions of Section 384 subdivtsion (3 and (g) of the Retirement and Social Security, Law (1,'60th increased pension) applicable to the employees, and ro take the aopropfiate action to assume the additional costs thereof. 8.3 The Town a~ees to make the provisions of Section 384 subdivision (e) of the Retirement and Social Security. La~v ("li60th Bill", 1989 Session Laws Chapter 453) appl/cable to the employees, and to take the appropriate action assume the costs thereof. 8.4 The Town a~aes 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/ntention to retire on aparticular dare. Such notification must be no less then forty-five (45) days prior to the date of the adoption of the budget_ but m no eYent, later than October lst_ Such retiree shall receive the monies due under Section 7.2 a. h~eof, provided that such notice was ~v~n as herein provided. If notice was not given as herein required, such payment will not be lost, but shall become payable thirty (30) days aft~ the 10 commencement of the fiscal year _*hr which the Toxxm budgeted for the same or had the opportunity to do so. Time limits for notice to be ~¥en herein may be waived by the Town, in its sole discretion. In the event of severe health or personal problems 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 to the person or persons entitled thereto as soon after death as is possible. 8_6 The Town agrees to allow retiring employees to keep their issued service ~veapon at no cost to the officer. SECTION 9. SAL_ARZES 9. I Ali newly hired Police Officer~ who.have been cerri.fied by the Su_ffolk Cotmty Civil Sen,ice Cornm{ssion or who may have previously been employed in another N.Y'. Suite Police jurisdiction shall be placed at the first year salary step as set forth below, unless otherwise ~a_~eed to by the parties hereto. Police Officer - Salary. Rates Period of 2,'211297 _1,. 1/98 7/1/98 1/1.,99 ~LI299 Service First Year S24,603. 525,095. $25,723. $26,237. S27,024. Second '/-ear $38,816. 539,592. $40,582. $41,394. $42,635. Third Year S45,376_ $46,284. $47,441. $48,390. $49,841. Fourth Year $51,937. $52,975. $54,300. $55,386. $57,047. Fifth Year $60,618. S61,831. $63,377_ $64,644. $66,583_ Sergeant $71~284. 572,709. $74,527. $76,018. $78,298. Salary Rate Lieutenant S79,385. $80,973. S82,997. $84,657. $87,197. Salary Rate 9.2 Detective Duty. During the term of tkis Agreement, employees assigned m detective duty shall be paid adddtionai salaries during the period of such a,ssiguments, in the amounts set forth in tl'fis Section, which additional salaries shall not, however, be included in such employ~'s salary, for purposes of determining longevity pursuant to Seetion 10 hereof. il a. During the terms .of this Agreement: ( I ) Yhe annual sum of five hundred ($500.00) dollars during the first year of such ussi=mxment. ( ii ) The annual sum of one thousand ($1,000.00) dollars during the second year of such assi~raent. ( iii ) The annual sum of one thousand six hundred ($1,600.00) dollar d ~uring the third year ofsnct~ assignment. ( iv ) Aa annual sum of two thousand seven hundred and fi*fly ($2,750.00) dollars · during the fourth and subsequent years of such assignment. Effective July 1, i998 an annual sum of three thousand ($3,000.00) dollars. Effective July 1, 1999 an anmml sum of three thousand two hundred and fifty ($3,250.00) dollars. b_ Detectives assigned to the detective division shall rece'tve additional compensation at the rate of one (1) hour strai~t time for every, eight hours on call It~ during the assigned period the detective is called to duO', they shall forego compensation under this Section and be compensated censistant with Section 13.1 of this A~eement. 9.3 Tour Differential a_ Effective January 1, 1997 a $3,000 per annum amount as a tour differential shall be granted each employee who works three (3) tom around the clock or a steady night tour. Effective January l, 1998 this per armum shall become $3,100_ Effective July 1, 1999 rkis per annum mount shall become $3,200. b_ Effective January 1, 1997 a $1,800 per annum amount as a tour differential shall be granted each employ~ who works two (2) rotating tours of duty. ~ffective January 1, 1998 this per annum amoant shall become $1,900. Effective January I, 1_999 *2tis per annum amount shall become $2,000. c. If an employee who is not normally scheduled to work three (3) rotating tours of du.ry should, over the course of the calendar year, work twenty- (20%) percent of hi'&rher tours between 12:00 A.M., and 8:00 A.M_, said employee shall be entided to full tour differentml 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 (SI,000) dollars. This D.A._R_E. stipend ks not available to detectives or superior o_~cers. SECTION 10. LONGEVITY PAY I0.1 Employees h/red prio~- to January. 1, I997 shall receive additional compensation based upon iengxh of service as follows: a_ Employees with at least ten (10) years but less than f~fteen (15) years of service shall receive a salary increase of five (5%) percent. b. Employees with at least fi~ean (I5) years but less than eighteen (18) years of service shall receive a salary increase ofs/x (6%) percent. c_ Employees with eighteen (18) or more years of service shall receive a salary, increase of seven (7%) percent. d- Such additional compunsauon as provided in this Section shall commence on the first day of the month in which an employee become eligible therefor. 10.2 Employees h/red on or after January 1, 1997 shall receive additional compensation based upon len~h of service as ±bllows: a_ Eml~loyees with at least ten (10) years but !ess than fifteen (15) years of sen4ce shall receive a fiat dollar amount of twen .ty-five hundred ($2,500) dollars_ b. Employees with at least fifteen (I5) years but less than eighteen (18) years of service shall receive a flat dollar amount of tkree thousand ($3,000) dollars. c. Employees with eighteen (18) years or more years of service shall receive a flat dollar amount of three thousand five hundred ($3,500) dollars. SECTION ii. COLLEGE CREDIT i 1.1 Employees shall receive.additional compensation based upon suceessfhl completion of police science sources qualifying for credit toward an Associate Degree in police science in an accredited college or university' as follows: Such employee's successfally completing ~ (30) credit hours shall receive a salary increase of one (1%) pemenr of base salary. 13 b. Such employees who have received an Assodmte Degree in Police Science shall receive a salary increase of two (2%) percent of base salary. c. An employee requesting additional compensation as proxrided in this Section shall present to the Supervisor a letter or certificate executed by an official of the college or aniversity as proof of his/her eli~'bility therefor. Addifiorml compensation shall commence on the first day of the month after which the employee becomes eli~ble therefor. SECTION t2. HOSPITALIZATION The Town agrees to make available m the employee the group health insurance plans provided by the State of New York. The To~m shall pay one hundred (1.00%) percent of the premium applicable to benefits afforded to both the employee and his dependents. In the event of an employee's death, the To~x will pay the present hospitalization for aperiod of one year or for the remairting term ofthi~ conmact, whichever is longer, after such death on behalf of the deceased's family. SECTION 13. COMPENSATION FOR COURT ATTENDANCE ,AND OVERThW[E WORK 13.i In the event that an employee is required to be present m any Court proc~ding as a witness during off-duty- hours, or is called in ro work dating his normal time off, such employee shall b e compensated therefor at the rate of one and one-h~/f (1 ¢i) times the normal rate of salary. or, at the option of the em_ployee, shall be given compensatory time offat the same'rate_ Employees, when required ro perform duty. as provided in this Section, shall receive a minimum of ~'our (4) hours compensation at their normal rate of salary_ Proof of time spent for Court appearances shall be earthed.to the Justice or Clerk of the Court and filed by *.he employee ~Sth the Supervisor_ [3_2 When an ernployee is required to be on duty beyond his/her normal tour, he/she shall be compensated at one and one-half (1 ~,,~) tkmes the normal rate of pay or compensatory time at the same rate. 13.3 Overtime worked between January. 1st and May 3 Ist shall be paid on June 15th. Overtime worked between ~-une 1st and November 15th shall be paid en December 1st. Any unpaid overtime accrued from November 15th to December 31st shall be paid on January 15th_ SECTION 14.0 DEATH OF EMPLOYEE 14.1 The Town agrees to continue to provide the death benefits provided by Section 208-b of 14 the General Municipal Law. 14.2 The Toxvn agees that any and ail benefits to which an employee is entitled at the time of his/her deszh shell be paid to his&er e~emte as soon as possible afar his/her death SECTION i5.0 BEN~t=IT PLAN 15.1 Dent~fOpticel Insurance Benefits · .Effective,Jannary t, J~997, ,I998 and 1999 the employees shall contn'bute an atnoant equal to that beIng 9onto-bmod by the members of the CSEA pursuant to the terms of their contract The 1999 employee contribution and level of benefits shall remain unchanged thrnugh December 31, 1999. SECTION 16.0 EMPLOYER-EMLPLOYEE RELATIONS 'AND GRIEVAaNCE PROCEDURE 16.1 The Town a~ees to establish a committee to meet when necessary with a similar committee to be established by the ?BA for the purpose ofde-aling wtth employee grievance and working conditions a_nd suc'= other ma~e~ as effeer the Police Deparm~em and its employees. 16.2 Any non~fiiscipl/nam..- ~evance ar/sing out of the interpretation of this A~eement shall be resolved by the ~bilowing 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&er discovering said occurrence, subrmt his/her · ~ievance in writing to the Ckief of Police. The Chief of Police shall issue a~written reply to said grievance within ten (10) days of its receipt_ Step 2: Within ten (i0) days of receipt of the written reply of the Chief of Police, the employee may appeal the dec/sion of the Chief of Police to the Police Committee, Town of Southold. The Police Committee shall consider such grievance at its next regularly scheduled meeting and shall issue a written reply within ten (10) days after said meeting_ Step 3: In the event that the employee is not satmfied with the said decision, he/she may request that said grievance be submitted to bind'rog arbitration. This shell serve as the 'final step. A panel of five (5) Arbi~ators rout-dolly selected by the parries shall serve on a rotating basis. SECTION 17.0 DISC~LINE .~NT) BILL OF RIGHTS 17_ 1 The parties hereto a~_ee that'they will comply with the applicable provisions of law with 15 respect to disciplinary matters involving the employees. 7.2 Ail members covered by d'fis A~eement shall be enritied to the protection of what shall be he[carter termed the "Bill of Rights" a_ AH charges or actions taken agahast an employee covered by this Ageement which may Icad to disciplinary measures must Be made in writing and sig-ned by the Complainant. b. Tke employer has established the following procedures to govern the conduct and conlxol of internal police investigations. The wide rang/ag powers and dmies g/yen to the To~m Pohce Department and its members iny-olYes them in all manner of contacts and relationships with the gublic. Out of these contacts come many questions concerning the actions of employees. These questions o~en require immediate investigations by the employer or its designee, usu, ally the Police Chief or other superior officer. In au effort to insure that these investigations are conducted in a manner which is constructive to good order and discipline, the following procedures shall be followed: (1) The interrogation of an employee shall be at a reasonable hour, preferably when the employee is on dut% maless the exigencies of the investigation mandate otherwise. Where practicable, interrogations sho ,uld be scheduled for the day. me and the reassignment of the employee to the day shift shall be employed. [f overtime as herein above defined, [s/ncurred by reason of such interrogation, the employee shall be given overtime compensation as set forth in this Agreement. (2) The interrogation shall take plato 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 Headquarter_ (3) If an employee/s directed to leave kis post and report for interrogation to another location, h/s/her immediate supervisor and t. he radio desk shal/be promptly notified o£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 pe~ons present during the interrogation, and shall be advised of the fight to an adjournment in order to have counsel and/or Association representative present. (5) The employee shall be iatbrmed of the nature of the investigation betbre any interrogation commences, including the name of the complainant. The address of the complainant and/or wimess need not be disclosed; however, sufficient information to reasonable apprise the employee of the allegations shall be provided. If it is known that an employee being 16 interrogated is the target of a criminal invesfigatiou or a wimess only, he or she shall be so informed at the initial contact, or as soon as same is known. (6) The questioning shall not be overly long. Reasonable respites shall be allowed. Time shall also be provided for personal necessities, meals, telephone calls and rest periods, as are reasonably necessary. (7) The employee shall not be subjeoted to any offensive language, nor be threatened w/th transfer, d/smissal or other d/smpl/nary purdshment_ No promises or reward shall be made as an inducement to answering questions. (8) The complete interrogation of the employee shall be recorded mechanically or by a steno~apher. ~dl recesses called during the questioning shall be recorded. The employee or his/her counsel shall be entitled ro a copy of the tape recording and/or a transcript of such stenographic record w/thin a reasonable t~me after such interrogation. (9) It an employee is under arrest 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 ~ven his/her rights pursuant to *.he Miranda decision. (10) Except as provided in (9) immediately preceding, the law imposes no obligation, legal or'others~Sse, on the Department to provide an opportuniry for an employee to consult with counsel or anyone else when questioned by a Superior Officer or employer about hiszher employment or matter relevant to his;here continuing fimess for police service_ Nevertheless, in the interest of maknraining the usually high morale of the Po[ice Departmem, the employer, shall advise the employee and afford an opporrani¢- for the employee, if he/she so desires, to consult with counsel and/or with a representative o£the Association before being questioned concerning a serious ~5oiation of law or the Rules and Procedures, provided the inte~ogation is not unduly delayed_ ~owever, in such cases, the interrogation may not be postponed for purposes of 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 during the interrogation. SECTION 18_0 PERSONNEL RECORDS 18.1 _Any employee shall be entkted to examine his/her personnel file upon making request therefor ..*.o his Chief or,Police, or other officer in charge, in his/her absence_ 18.2 Upon request, any employee shall be furnished wtth a copy of any material in his/t~er personnel f:,le_ 18.3 Only one employee personnel file shall be maintained which shall contain all material 17 with respect to such employee. 18.4 No material derogatory to an employee, his/her conduct, character or service shall be placed i~ his/her personnel file unless he/she has been given an oppormni~ to ex~rni~ne the same and affix his/her signature thereon, which signature shall indicate that the employee has examined the same and shall not be deerned'to indkate that the employee in any wa.v consents or agees with the contents thereof.. The employee may. place in such personnel file a written answer m any derogmory rn~terial in smd f'de. I8.5 If an employee is the subject of charges and specifications by au administrative hear/ng or a Court of competent jurisdicffon, the only documents to be phced'in the employee's personnel file shall be the~charges an4 apec/_f~cafions ~nd the f~na! adjudication thereo£ Upon the consent o(th~ employee, the PBA, UPon request, skould be~advisedofthe statu%:progre~ and out come of this matter. SECTION 19.0 A_MnENDMENT'S .,kay changes or amendments to this Ageement shall not become effective unless the same are in writing sigued by the parties hereto. SECTION 20_0 NO STRIKE PLEDGE The PBA does hereby affirm that it does not assert the rio~ht to su-kke against any Government nor to assist or participate in any such strLke, otto impose an3'- oblngation, to conduct, assist or participate in such a strLke. SECTION 21 0 UNIFOILM CLEz&NTNG AND UNIFORM E. QU1]?.M~NT AI.I OWANCE 21.1 The employer a~ees to pay the entire cost of dry cleaning of all wemSng apparel in connection with the pohce uniforms of the employees of the Towa of Southold except washable items_ The Town shall select an appropriate dry cleaning service. The employee shall use the cleaning service selected by the employer. 21.2 Employees assigned for uniformed duties shall have available the annual sum of four hundred (S400.00) dollars as a uniform and equipment allowance. 21.3 Employees assigned to non-uniformed duties shall have ava/lable the annual sum of six hundred ($600.00) dollars as a clothing and equipment allowance_ 21.4 _~ny unused allowance as outlined above will be credited to next years clo*hqng allowance 18 but may not be accumulated beyond the subsequent year. SECTION 22.0 LEGISLATrv~E APPROVAL ~ ~ agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional fund therefor, shall,not become effective until the appropriate legislative body has ~ven approval. SECTION 23.0 APPORTIONMENT OF BENEFITS In ~he 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 24.0 ADDITIONAL COIvI~ENSATION · In the evenran employee is entitled to additional compensation for Court attendance, overt'nne work or other purposes, the rote such compensation shall be based upon two hundred thirty-nine . (239) days of the two kundred sixty, (260) days, wkichever number of days per year the employee is assigned in accordance with Section 7.11 (a) of this Agreement. SECTION 25_0 STAFF MEETINGS The employees agree that the Cluef of Police shall have the fight to schedule not more than two (2) staffmeeting of the employees w/th the rank of se~eant and above in each calend~r year tbr periods not to exceed three (3) hours each, for which no compensation shall be prod to the employees, at which meetings police matters may be considered_ SECTION 26.0 ETHICS DISCLOSURE The Lieutenant and Administrative Officer must comply with the disclosure requirements set forth in the Town of Southold Ethics Law. SECTION 27.0 TERMS OF AGREE1VIENT The term of this Agreement shall be three (3) years to become effective January 1, 1997 and terminate on December 31, 1999. 19 1N WITNESS ~¥7-IEREOF, the parties hereto have set their hands and seals riffs 7-?' day of J'~q5 ,1997. SOUTHOLD TOWN POLICE BEN~VOL~NT A OCIATION, By: 'V~ncent T/reaL Jr. . President..f~ ' TOWN OF SOUTHOLD William D. Moore. D,epmy Supervisor 20