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.
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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
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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
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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
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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
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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.
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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
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