HomeMy WebLinkAboutPBA Contract AGREEMENT
BETWEEN
THE TOWN OF SOUTHOLD
AND
THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 1995 - DECEMBER 31, 1996
THIS AGREEMENT made this day of , 1996 by and
between the TOWN OF SOUTHOLD, a municipal corporation of the
State of New York (hereinafter referred to as the TOWN) and
the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a
membership corporation of the State of New York (hereinafter
referred to as the PBA or Association).
WITNES ETH:
WHEREAS, Article 14 of the Civil Service Law provides
that public e~ployees shall have. the right to be represented
by employee organizations to negotiate collectively with
their public e~toyer in the determination of their terms
and conditions of'employment, and to enter into written
agreements with respect thereto; and
WHEREAS, the PB~ has been certified as the employee
organization, as a result of an election, to represent all
uniformed, members of the Police Department of the Town of
Southold, including all patrolmen, sergeants, lieutenants
and detedtives excluding the Chief of Police, and. all other
employees., said included members of the Police Depa~ment
kereinafter referred to as "employees;
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 1.
RECOGNITION
i.1 The Town does hereby recognize the PBA as the exclusive
employee organization to represent the employees and extends
to the PBA the following rights:
a. to represent the employees in negotiations and in the
settlement of grievances;
b. to membership dues deduction, upon presentation of dues
deduction authorization cards signed by individual
employees; and
c. to unchallenged representation status until seven (7)
months prior to the expiration date of this Agreement.
1.2 Seven (7) months prior to the expiration 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 necessarT, 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 vie~rpoints, make
proposals and counter-proposals, make available to each
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other all relevant records, data and information in 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.
· PROTECTION OF EMPLOYEES
2.1 Ail employees appointed from a valid Civil Se~ice list
shall be afforded tke protection of the provisions of
Article 5 of the Civil Service Law and/or Article 10 of the
Town Law, whichever shall be applicable.
2.2 Seniority
a. Seniority shall be determined on the basis of
continuous emplo~ent in the Southold Town Police
Depar~ent. Additiona!lyt an employee who has been
transferred from aqother Police Department within Suffolk
County. to the Southo!d Town Police Department shall receive
credit for purpose~ of seniority f~r continuous time served
in such other Police'Departments in Suffolk County.
b. Notwithstanding any other provision of this agreement,
seniority for purposes of selection of.vacations and regular
days o~f, shall be determined on the basis of continuous
employment in the Southold Town Police Department.
2.3 Legal Services
The Town shall provide legal services to an employee against
whom an action or proceeding has been commenced involving
any matter occurring within the scope of his/her employment
as an officer or employee of the Town.
2.4 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 than actual
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 complement of Police Officers
is depleted due to court appearances, medical absence or
vacations, or in emergency conditions when the full-time
complement of Police Officers is insufficient to insure
adequate protection of life and property.
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SECTION
COMPENSATION - INJURED EMPLOYEES
a. Employees who sustain 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 !~rovided in sub-
paragraphs b thru h, the employee shall receive full salary,
including all. compensation entitlements during the period of
disab~!itY ox until eligible for ad±sability pension, or
~ea4~h, whici%9~er shall first occur. Any sp~ls received by
such 'e~Dloy~ u~der ~e P~ovisions'of the W~er's
c6~p~nwation LaV for lost earnings as a re~=Lt of such
£nju~ 'shall.b~.pald by such emp!oye~ to the~ Town.
b. In the ~event a certified physician selected by the Town
finds said disabled employee fit to return to duty, it is
the resp~nslbll/ty of the employee to do so.
c. Failure on the part of the employee to return to duty
after ~eing notified that he/she has been ~ound fit to
perform his/her police duties, it is then incumbent upon the
employee to request a 207-C hearing pursuant to General
~unicipal Law.
d. When an employee requests a 207-C hearing, 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 tke resolution of the 207-C Hearin~ Officer
recoauue~ldations, 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 hearing.
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 hearing officer at the conclusion of the 207-C
hearing, shall as soon as reasonably possible, forward its
findings and recommendations to the Town Board.
g. Should the Town Board find in favor of the disabled
Police Officer, then all leave entitlements, utilized from
his/her accrued'.teave bank shall be restored. This shall
also include, holiday and night shift differential, if
employee is eligible to receive same.
h. Should the Town Board find the Police Officer fit to
return to duty and said employee disobeys such directive
from the Town, he/she then may face disciplinary action,
which may include suspension and/or discharge.
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SECTION 4.
NOTICE OF PROMOTION
4.1 Notice of all promotional positions in the Town Police
Department shall be posted on available bulletin boards at
police headquarters and all employees shall be given an
opportunity to make application for s~ch positiens.
4.2 An employee who is scheduled to take a Town police-
related departmental promotienal exam/nation, shall be
e~titte~ to eight (8) consecutive hours off-d~t¥'prior to
tke sc~eduied.time of such examination provided:'
a. that the officer is scheduled for the tour immediately
prior to the time of commencement of the examination.
b. Such off-duty time shall be with pay.
SECTION 5.
VACATIONS
5.1 The Town will adopt the vacation schedule as follows:
a. Start t~h_rough first year - five (5) working days.
b. Second threugh 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 - twentv-eiqht (28)
working days.
5.2 Members shall not be entitled to accumulate more than
fifty percent (50%) of theSr unused annual vacation from
year to'year. The balance of vacation leave may be
accumulated as set forth above and payment made upon
reasonable notice in accordance with this Section.
Requests for payments in excess of five thousand dollars
($5~000.00) must be in writing and submitted to the Town
prior to September 1 of the year preceding the year payment
is to be made, with the exception of the last year of work
prior Lo retirement when no notice is required.
Notwithstanding the above, however~ a member shall only be
allowed to carry over a maximum of eight (8) unused vacation
days in the following calendar year for purposes of
additional vacation only. A member who has accumulated
unused vacation days may apply only eight (8) of those days
to the following years schedule. Under no circumstances
shall a m~mber be entitled tO actually take more vacation
days as provided for in Section 5.1 al through 5.1 e. above,
with the exception that a member may add an additional eight
(8) days from the previous year. For example, a member may
not take more than twenty-four (24) actual vacation days in
his second th~o~g~ fifth year, twenty-seve~ (27) in his
s.ixth throuq~enth, thirty (30) in his eleventh through
~fteenth.~nd thim~-five (35) in his sixteenth through
~e~tieth.
5.3 Employees who so desire may volunteer to work, if
accept~ble to the Department, during their annual vacations.
Such work will be compensated at straight time, unless an
employee works in excess of eight (8) hours. Such volunteers
may be assigned to any normal police duties.
5'.4 An employee, if transferred not by choice from one
squad to another, shall have the right to maintain his
previously selected vacation.
5.5 If an employee is on his/her first week of vacation and
is.outside the Town, and is recalled from vacation to active
duty, he/she shall'be given credit for an additional five
(5~ days vacation time. Such employee shall also be paid for
his/her necessary travel expenses incurred in returning to
active duty.
5.6 An employee on vacation may sign out on sick leave if
sickness or injury occurs while on vacation and he/she is
confined to his/her residence or is hospitalized. Sickness
is to be verified by physician's certificate. Time of
sickness or injury shall not be charged to vacation time of
employee, but shall be charged to sick leave.
5.7 Employees with more than one (1) year of service in the
Police Department shall be permitted to divide their
'vacation time into a maximum of ten (10) on (1) day
segments, provided that the Chief of Police, or his/her
designee, receives sufficient notification to arrange for
rescheduling of tours of duty. Vacation time, other than one
(1) day segments, shall be scheduled on the basis of
seniority, in the following manner, to wit:
a. First selection - on the basis of seniority with the
Southcld Police Department, all employees shall select the
time of their vacation.
b~ Second selection - after all employees have made a
first selection, as provided in paragraph a. above, those
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employees who have elected to divide their vacation time
shall make a second selection based on seniority with the
Southold Police Department.
c. Third selection - after making the second selection, as
provided in paragraph b. above, the employees with remaining
vacation periods due them shall make a final selection of
time when the remainder of their vacation shall be taken,
based on seniority with the Southold Police Department.
d. Two (2) Sergeants may take their vacation =t the same
time, provided that the same is approved bp the thief. or
officer in charge', and fmrther provided that t~e Sa~ does
not result iA ~rt~me beirig paid to o~hermembe~s of the
Police Department.
e. One (1) employee from each squad may be on vacation at
the same time.
SECTION 6.
LEAVE OF ABSENCE, SICK DAYS, CHILD CARE AND
HOLIDAYS
6.1 Leave of absence without pay shall be granted to
employees in accordance with the provisions of Rule 24 of
the Rules for Classified Civil Service.of Suffolk County and
the provisions of Section 243 of the Military Law of the
State of New York.
6.2 a. Ail employees shall be entitled to fifteen (15)
sick days in each calendar year. Unused sick leave may be
accumulated up to a maximum of three hundred (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 his/her accumulated
unused sick leave,or any portion thereof. Effective January
1, 1996 the employee shall be entitled to receive payment
for an additional forty (40) unused sick days at the rate of
one (1) day. of pay for each two (2) days of unused sick
leave. The Town Board shall have the option to pay the same
to the employee, either in a lump sum payment at the time of
~he employee's retirement or in regular payrell payments
immediately prior to such retirement.
6.2 b. The Chief of Police, in the exercise of his/her
discretion, may request written physician's certificate in
all cases where an employee is absent by reason of illness,
the cost thereof to be paid by the Town.
6.2 c. When an employee, due to illness, fails to
complete a tour of duty, the remaining amount of time left
in that tour shall be deducted from said employee's sick
leave.
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6.2 d. An employee may use up to five (5) days "sick
leave" per calendar year in the event that an employee's
spouse of immediate family living in the household cannot
take care of themse'lves or take care of the children of the
en~loyee for which the employee has the responsibility of a
parent or guardian. To be entitled to such leave, the
employee must furnish proof of such incapacitating illness
and of the employee's responsibility as a parent or
guardian.
6.3 An employee shall be granted a leave of absence not
exceeding t~o (2) years without pay by reason of pregnancy
Of t~ ~mployee. Such employee, upon the expiration of such
period of'leave of absence, shall be restored to the same or
compa~ab31e position 0f employment, if the same is available.
The Tewn~ she'll continue t~e employee's major
m~ic~l~kospitalization benefits for a period of three (3)
mor~ths b~yond nom~at entitlements during such leave.
T~ereaf~t~r, a~ the option of the employee, the employee
s~alt.k~ entitled to .continue such'benefits at the
e~plQyee's own expense.
6.4 a. Each e~loyee shall be entitled to receive
eqmivalent time Off or receive compensation in lieu of such
equivalent time. off for the following holidays, whether of
nQt ~ch employee was required to report for duty on such
d~¥s, to wit: the:first day of Janhary, known as New Year's
Day; the third M~nda~ of January, known as Dr. Martin Luther
Kii~g Jr., Day; the 12th day of February, known as Lincoln's
birthday; the thiid ~onday in February, known, as
W~shi~gton's bir~hday; Easter Sunday; the last Monday of
~y, known as M4~morial Day; the 4th day of July, known as
I~ependence Day; the first Monday in September, known as
La~or. Day;. the S.eCond Monday in October, known as Columbus
Day; the first Tuesday after the first Monday in November,
k~cwn as Election D~y; the llth day of November, known as
Veterans' Day; %he fourth Thursday in November, known as
Thanksgiving Day; tke 25th day of December, known as
Christmas Day.
6.4 b. Employees who actually work on a designated
holiday shall receive four (4) hours of additional
compensation for working that particular holiday.
6.5 For the purpose of implementing the provisions of
Section 6.4, on January 1st of each year, each employee will
be credited with the total number of holidays to which
he/she is entitled for the ensuing year. On or before
December 1st of each year, the Police Department shall
prepare and subm_~t to the Supervisor a schedule indication
the total number of holidays that each employee is entitled
to for such year, the total nLunber of holidays charged
against each employee for such year and the total number of
holidays remaining due to said employee. On or before
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December 15th of such year, the Supervisor shall pay to each
employee a sum equal to the number of holidays remaining due
to each employee. An employee who separates from service
after he/she received the benefits of this section and prior
to a holiday for which he/she has been compensated, shall
have deducted from his/her final payroll check an amount
equivalent to the compensation received for said holiday.
6.6 Employees shall be entitled to be absent from duty
without pay at such time and for such duration as the Chief
· of Police or officer in charge may i~ his/her discretion
approve for, the purpose ef attending business ~f~airs.
6.7 a. Employees shall be entitled to four ~4) days
personal leave of 9bs~ence with pay each calendar~year for
the purpose of attending to personal matters; provided that
t~e. time. of taking such leave shall be approved by the
officer in charge.
6.7 b. If an employee submits his/her request for a
personal day ~t least five (5) days prior to that. day,
reason for the leave shall be required.
no
6.7 c. if said request is received less than five (5)
days prior to the requested day, the reason justifying the
need for said pgrsonal day shall be submitted. However,
permission for a personal leave day shall not be withheld if
there are adequate personnel available to fulfill the
staffing needs of the Department.
6.8 An 'employee, on application of his commanding Officer,
shall be granted four (4) continuous days including
scheduled days off with full pay, in case of death in
his/her "immediate family", which shall be defined as
spouse, child, father, stepfather, mother, stepmother,
brother, sister, parent-in-law, son-in-law and daughter-in-
laW. An employee shall be granted one (1) working day off to
attend the funeral of his grandparent, brother-in-law,
sister-in-law, foster parent, foster child, niece, nephew,
uncle, aunt, half-brother or half-sister. Grandparents and
foster parents shall be included among those for whom four
days death leave is allowable if it is necessary, if the
employee attends the funeral and he/she has demonstrated to
the commanding officer that there has been a sufficiently
close relationship that he/she would normally be expected to
need such an amount of time away from work, including time
for travel to the funeral.
6.9 The PBA President shall be entitled to twelve (12) paid
leave days per year in addition to the various leave
benefits provided for in this contract, for the purpose of
attending PBA meetings, conventions and other like
commitments. The Suffolk County Police Conference Director
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shall be entitled to three (3) paid leave days per year to
attend the various conference functions.
6.10 The PBA shall designate a maximum of two (2) of its
members, in advance, to attend any formal negotiation
session with the Town, or its representative. In the event
any such designated member is scheduled to work on the
calendar day of the scheduled negotiating session, such
member shall be excused from his/her tour of duty for that
c~le,ndar day but shall be deemed ~o be on duty for all other
purP0se~. Th~s sh~_L1 i~ no way limit the azt~a~ number of
rep~gsent~tiv~s 'attending and/or'p~rtic$,p~i~g'L31, any
negotiating~ Session b=t shall oni¥ limit th°s~ b~ing paid
during their attendance.
6.11 The existing duty chart of three (3) rotating tours of
duty (i.e., 6:00 A.M. to 4:00 P.M.; 4:00 P.M. to 12:00
~idnight; and 1~.:00 ~Midnight to 8:00 A.M.) shall be
contihued, Members shall have the right to choose two (2)
paid leave days ("RDO's") per cycle on a seniority basis
within ~he $outhold police Department. A cycle shall be
defined as one,complete set of three (3) tour rotations).
T~ duty chart~ shall be 239 days per year. Personnel
appointed af~e~ ~anuary 30, 1996 ~or the first two (2) years
off,their em~lo!n~nt only shall work 260 days per year.
6.12' The Town shall have the option of assigning personnel
to a split shift in accordance with this Section. The split
shif~ shall be of one continuous eight (8) h~ur period
spanning the late evening to early morning hours. Personnel
for the split shift shall be reassigned from the twelve (12)
to eight (8) shift, An employee shall be notified and
assigned to. the split shift at least one (1) week prior to
the commencement of such assignment. Assignment of personnel
to the split s~ift shall at no time create a below minimum
staffing situation (three police officers and a sergeant)
upon, any shift. Shortage of personnel for the twelve (12) to
eight (8) shift will be covered by the assi~%ment of
additioaal personnel on o=ertime. Assignment~: to the split
shift shall ,be by seniority on a rotating basks. Employees
assigned to the split shift in the manner an~' as described
herein shall not be entitled %o overtime pa~ or change of
tour compensation otherwise payable.
6.13 Police Officers shall be permitted to s~itch tours of
duty provided that:
a. the same is approved in writing by the Lieutenant, or
in his/her.absence, the officer in charge.
b. the same does not result in any increased costs to the
Town;
c. the same does not disrupt normal police operations.
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7.0 RETIREMENT BENEFITS
7.1 The Town agrees to make the provisions of Section 384-d
of the Retirement and Social Security Law (optional twenty
year retirement plan) applicable to the employees, and to
take tke appropriate action to assnme the additional cost
thereof. The Town of Southold, shall adopt the New York
State Retirement Plan Section 375 (i), and provide such
benefit to any police officer who retires.
7.2 The Town agrees to make the provisions of Section 384
sub'd~vision (f) and ~g) Of the Retirement and Social.
Sec.uti%¥ Law (t/6O%h increased p~nsion) applicabie to the
~loyees, and. t6 take t~e apprgpriate'action to assume the
&d~±tionai'~costs thereof.
7.3 The Town agrees to make the provisions of Section 384
subdi¥isi0n (.e) of the Retirement and Social Security Law
.('~l/6$th BilI", 1989 Session Laws Chapter 453) applicable to
the e~ployees, and to take the appropriate action to assume
the costs thereof.
7.4 The Town agrees to make the provision of Chapter 950 of
the LaWs of 1970 (twelve [12] months' final average salary)
applicable to the employees, and to take the appropriate
action to assume the additional cost thereof.
7.5 In order to be paid for unused accumulated sick leave,
the employee must notify the Chief of Police in writing of
the employee's intention to retire on a particular date.
Such ~otification must be no less than forty-five (45) days
prior to the date.of the adoption of the budget, but in no
event, later than October 1st. Such retiree shall receive
the monies due under Section 6.2 a. hereof, provided that
such notice was given as herein provided.. If notice was not
given as herein required, such payment will not be lost, but
shall become payable thirty (30) days after the commencement
of the fiscal year for which the Town budgeted for the same
or had the opportunity to do so. Time limits for notice to
be given herein may be waived by the Tow~, 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 req~irements hereof shall
not apply and the payment involved shall be made to the
person or persons entitled thereto as soon after death as is
possible.
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SECTION 8.
SALARIES
8.1 Salary Schedules.
a. All newly hired Police Officers who have been
certified by the Suffolk County Civil Service. CommisSion or
who may ~ave previously been employed in another NJYo State
Police jurisdiction shall be placed at the first year salary
step as set forth below, unless otherwise agreed to by the
parties hereto.
Police Officer - Salary Rates
Period of 4/1/95 1/1/96
Service
First Year $22,518 $23,194
Second Year $35,525 $36,591
Third Year $41,529 $42,775
Fourth Year $47,534 $48,960
Fifth Year $55,480 $57,144
Sergeant $65,241 $67,199
Salary Rate
Lieutenant $72,655 $74,835
Salary Rate
7/1/96
$23.657
$37323
$43631
$49939
$58 287
$68 542
$76,332
8.2 Detective Duty. During the term of this Agreement,
employees assigned to detective duty shall be paid
additional salaries durin~ the period of such assignments,
in the amounts set forth in this Section, which additional
salaries shall not, however, be included in such employee's
salary for purposes of determining longevity pursuant to
Section 9 hereof.
During the terms of this Agreement:
(i) The 'annual sum of five hundred ($500.00) dollars
during the first year of such assignment.
(ii) The annual sum of one thousand ($1,000.00) dollars
during the second year of such assignment.
(iii)The annual sum of one thousand six hundred
($1,600.00) dollars during the third year of such
assignment.
(iv) An annual sum of two thousand five hundred
($2,500.00) dollars during the fourth and
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subsequent years of such assignment. Effective
January 1, 1996 the annual sum shall be two
thousa/ld seven hundred and fifty ($2,750) dollars
b. Detectives. assigned to the detective division shall
receive additional compensation at tke rate of one (1) hour
straight time for every eight hours on call. If, during the
assigned period the detective is called to duty, they shall
forego compensation under this Section and be compensated
consistent with Section 12.1 of this Agreement.
8.3 Tour Differential
a. Effective' January i, 1995 a $2,873.33 per annum amount
as a tour differential shall be granted each employee who
works three (3) tours around the clock er a steady night
tour.
b. Effective January 1, 1996 a $3,000.00 per annum amount
as a tour differential shall be granted each employee who
works three (3) tours around the clock or a steady night
tour.
c. Effective January 1, 1995 a $1,500 per annum amount as
a tour differential shall be granted each employee who works
two (2) rotating tours of duty.
d. Effective January 1, 1996 a $1,800 per annum amount as
tour differential shall be granted each employee who works
two (2) rotating tours of duty.
a
e. If an employee who is not normally scheduled to work
three (3) rotating tours of duty should, over the course of
the calendar year, work twenty (20%) percent of his/her
tours between 12:00 A.M., and 8:00 A.M., said employee shall
be entitled to full tour differential instead of partial
differential.
SECTION 9.0 LONGEVITY PAY
9.1 Employees shall receive additional compensation based
upon length of service as follows:
a. Employees with at least ten (10) years but less
fifteen (15) years of service shall receive a salary
increase of five (5%) percent.
than
b. Employees with at least fifteen (15) years but less
than eighteen (18) years of service shall receive a salary
increase of six (6%) percent.
c. Employees with eighteen (18) or more years of service
shall receive a salary increase of seven (7%) percent.
Page - 12
d. Such additional compensation as provided in this
section shall commence on the first day of the month in
which an employee becomes eligible therefor.
SECTION 10. COLLEGE CREDIT
10.1 Employees shall receive additional compensation based
upon successful completion of police science courses
qualifying for cre~i~ toward an.A~sociate De~ee in police
science in an accredited college or university as follows:
a. Such employee's successfully completing thirty (30)
credit hours:shall receive a salary increase of one (1%)
percent of base salary.
b. Such employees who have received an Associate Degree in
Police Science shall receive a salar~ increase of two (2%)
percent of base salary.
c. An employee requesting additional compensation as
provided in this Section shall present to the Supez-visor a
letter or certificate executed by an official of the college
or university as proof of his/her eligibility therefor.
Additional compensation shall commence.on the first day of
the month after which the employee'becomes eligible
therefor.
SECTION 11. HOSPITALIZATION
The Town agrees to make available to the employee the group
health insurance plans provided by the State of New York.
The Town shall pay one hundred ($100%) percent of the
premium applicable to benefits afforded to both the employee
and his d~pendents. In the event of an employee's death, the
Town will pay the present hospitalization for a period of
one year after such death on behalf of the deceased's
family.
SECTION 12.
COMPENSATION FOR COURT ATTENDANCE AND
OVERTIME WORK
12.1 In the event that an employee is required to be present
in any Court proceeding as a witness during off-duty hours,
or is called in to work during his normal time off, such
employee shall be compensated therefor at the rate of one
and one-half (1 1/2) times the normal rate of salary or, at
the option of the employee, shall be given compensatory time
off at the same rate. Employees, when required to perform
duty as provided in this section, shall receive a minimum of
three (3) hours compensation at their normal rate of salary.
Page - 13
Effective January 30, 1996 the m/nimum compensation shall be
increased to four (4) hours. Proof of time spent for Court
appearances shall be certified to the Justice or Clerk of
the Court and filed by the employee with the Supervisor.
12.2 When an employee is required to be on duty beyond
his/her normal tour, he/she shall be compensated at one and
one-half (1 1/2) times the normal rate of pay or
compensatory time at the same rate.
· 12.3 Overtime worked, between January 1st and may 31st shall
be ~ai~ on June ~Sth. Overtime worked between June ist and
November 15~h Shall be Daid on December tst. Any unpaid
o%ert~me accrued fro~. November 15th to December 31st shall
be pa~d on Januax-y 15th.
SECTION 13.0 DEATH OF EMPLOYEE
13.1 The Town agrees to continue to provide the death
benefits provided by Section 208-b of the General Municipal
Law.
13.2 The Town agrees that any and all benefits to which an
employee is entitled at the time of his/her death shall be
paid to his/her estate as soon as $ possible after his/her
death.
SECTION 14.0 BENEFIT PLAN
14.1 Dental/Optical Insurance Benefits
Effective Janual-y 1, 1995, and 1996 the employees shall
contribute an amount equal to that being contributed by the
members of the CSEA pursuant to the terms of their contract.
The 1996 employee contribution and level of benefits shall
remain unchanged through December 31, 1996.
SECTION 15.0
EMPLOYER-EMPLOYEE RELATIONS AND GRIEVANCE
PROCEDURE
15.1 The Town agrees to establish a comm/ttee to meet when
necessary with a similar committee to be established by the
PBA for the purpose of dealing with employee grievance and
working conditions and such other matters as effect the
Police Department and its employees.
15.2 Any non-disciplinary grievance arising out of the
interpretation of this Agreement shall be resolved by the
following'procedure:
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Step 1: The employee shall, within ten (10) days of an
occurrence that is alleged to have violated the Contract,
within ten'(10) days of his/her discovering said occurrence,
submit his/her grievance in writing to the Chief of Police.
The Chief of Police shall issue a %rritten reply to said
grievance wi~%_in ten (10) days of its receipt.
Stop 2: Within ten (10) days of receipt of the written
reply of the Chief of Police, the employee may appeal the
de~ision of the Chief of Police to the Police Committee,
Town o~ So~h~otd. The police. Cemmit~ee shall consider such
gril~.ar~ce at ~tsne~t. regularly scheduled meating and s,hall
issue a writteh'reply within te~ (10) da~s after said
me~t~ng.
Step 3: In the event that the employee is not satisfied
~ith the said decision, he/she may request that said
~rievance ~e submitted to binding arbitration. This shall
sea-ye as the final step. A panel of five (5) Arbitrators
mutually se!ected by the parties shall serve on a rotating
basis.
SECTION 16.0 DISCIPLINE AND BILL OF RIGHTS
16.1 The parties hereto agree that they will comply with the
applicable provisions of law with respect to disciplinary
matters involving the employees.
16.2 Ail members covered by this Agreement shall be entitled
tot he protection of what shall be hereafter termed the
"Bill of Rights"
a. Ail charges or actions taken against an employee
covered by this Agreement which may lead to disciplinary
measures must be made in writing and signed by the
Complainant.
b. The employer has established the following procedures
to govern the conduct and control of internal police
investigations.
The wide ranging powers and duties given'to the Town Police
Department and its members involves them in all manner of
contacts and relationships with the public. Out of these
contacts come many questions concerning the actions of
employees. These questions often require immediate
investigations by the employer or its designee, usually the
Police Chief or osher superior officer. In an 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:
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(1) The interrogation of an employee shall be at a
reasonable hour, preferably when the employee is on duty,
unless the exigencies of the investigation mandate
otherwise. Where practicable, interrogations should be
scheduled for the day time and the reassignment of the
employee to the day shift skal! be employed. If overtime as
herein above.defined, is incurred by reason of such
interrogation, the employee shall be given overtime
compensation as set forth in ~his Agreement.
(2) The interrogation shall take pl.ace at. a location
designa~ by ~ke investigating, ~fficer. Usuali~ it will be
at the' comma~ to wh~ch the investigating officer is
assigned or at'Police Headquarters,.
(3) If an employee is directed to leave his post and
report~for interrog~tiQn to another location, his/her
immediate superviso~ and the radio desk shall be promptly
notified of his whereabouts.
(4) The employee shall be informed of the rank, name
and command of the Officer in charge of the investigation,
as well as the rank, name and command of the interrogating
Officer and of all persons present during the interrogation,
and shall be advised of the right to an adjournment in order
to have counsel and/or Association' representative present.
(5) The employee shall be informed of the nature of the
investigation before any interrogation commences, including
the name of the complainant. The address of' the complainant
and/or witnesses 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 interrogated is the target of a criminal
investigation or a witness only, he or she shall be so
informed au 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 subjected to any
offensive language, nor be threatened with transfer,
dismissal or other disciplinary punishment. No promises
reward shall be made as an inducement to answering
questions.
or
(8) The complete interrogation of the employee shall be
recorded mechanically or by a stenographer. Ail recesses
called during the questioning shall be recorded. The
employee or his/her counsel sha.ll be entitled to a copy of
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the tape recording and/or a transcript of such stenographic
record within a reasonable time after such interrogation.
(9) If ~n employee is under arrest or is likely to be,
that is if he/she, is a suspect or the target of a crim/nal
investigation,, he/she shall be so informed and be given
his/her rights pursuant to the Miranda decision.
(10) Except as provided in (9) immediately preceding,
the law imposes no obligation, legal or otherwise, on the
Department to provide an opportunity for an employee to
consult with counsel or anyone ~lse whe~questi~ned by a
Superior Officer or employer about his/kef employmm~t or
matters releva~t to his~her continuing fitness for police
se~¥ige. Nevertheless, in the i~te~est of maintaining the
usually high mora~ of th~ Police .pepartmen~, t~h~ employer,
s~all' advise.the employee and affomd ~opportur&ity.for the
emp!o?~e, if.Se/s~e, so desires,~to cons~I~ w~th Counsel
an~/o~ with a r,e2gresentat~ve. Of th~ As$o~at~n be~o=~' being
questioned co~ce~,~ing a se~£oUs viola~o~ D~.la~or
R~i~s' and, ~roc~d~res, provLd~d the int~r~p~ ~ .~ot
u~duly' delayed, ~ever, in such cases, .~nte~gation
ma,.not be postponed fo~ purposes 'of ~eh~u~t~i~n Das:t 18:00
A.~, ~f the d~ f~low~ng the notlflca~/~pf lnte=rogat~on.
The employee s~a~l have the right to ha~mJc6~nseI ar~//or a
A~oc~a~on r~pr~entat~ve present to. as,~s~.'dur~.ng ~ke
interrogation..
SECTION 17.0 PERSONNEL RECORDS
17.1 Any employee shall be entitled to examine his/her
personnel file upon making request therefor to the Chief of
Police, or other officer in charge, in his/her absence.
17.2 Upon request, any employee shall be furnished with a
copy of any material in his/her personnel file.
17.3 Only one employee personnel file shall be maintained
which shall contain all material with respect to such
employee.
17.4 No material derogatory to an employee, his/her conduct,
character or se~;ice shall be placed in his/her personnel
file unless he/she has been given an opportunity to examine
the same and affix his/her signature thereon, which
signature shall indicate that the employee has examined the
same and shall not be deemed to indicate that the employee
in any way consents or agrees with the contents thereof. The
employee may place in such personnel file a written answer
to any derogatory material in said file.
17.5 If an employee is the subject of charges and
specifications by an administrative hearing or a Court of
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competent jurisdiction, the only documents to be placed in
the employee's personnel file shall be the charges and
specifications and the final a~judication.thereof. Upon the
consent of the employee, the PBA, upon request, should be
advised of the status, progress and out ceme of the matter.
SECTION 18.0 AMENDMENTS
Any changes or amendments to this Agreement shall not become
effective unless the same are in writing signed by the
par+-ies hereto.
SECTION 19.0 NO STRIKE PLEDGE
The PBA does hereby affirm that it does not assert the right
to strike against any Government nor to assist or
participate in any such strike, or to impose any obligation,
to conduct, assist or participate in such a strike
SECTION 20.0 UNIFORM CLEANING _AND UNIFORM EQUIPMENT
ALLOWANCE
20.1 The employer agrees to pay the entire cost of dry
cleaning of ali wearing apparel in connection with the
police uniforms of the employees of the Town 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.
20.2 Employees assigned to uniformed duties shall have
available the annual sum of THREE HUNDRED FIFTY ($350~00)
DOLLARS as a uniform and equipment allowance. Effective
January 1, 1996 this shall be increased to FOUR HUNDRED
($400.00) DOLLARS.
20.3 Employees assigned to non-uniformed duties shall have
available the annual sum of FIVE HUNDRED FIFTY ($550.00)
DOLLARS as a clothing and equipment allowance. Effective
JanuaI-y 1, 1996 this shall be increased to SIX (600.00)
DOLLARS.
20.4 .Any unused allowance as outlined above will be
credited to next years clothing allowance but may not be
accumulated beyond the subsequent year.
SECTION 21.0 LEGISLATIVE APPROVAL
It is 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
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additional funds therefor, shall not become effective until
the appropriate legislative body has given approval.
SECTION 22.0 APPORTION~-ENT OF BENEFITS
In the event that the employment of an employee is
terminated by reason of retirement, resignation or other
cause, all benefits provided herein shall be prorated up to
the date of such termination.
SECTION 23.0 ADDITIONAL COMPENSATION
Effective January 30, 1996, in the event an employee is
entitled to additional compensation for Court attendance,
overtime work or other p~rposes, the rate such compensation
shall be based upon two hundred thirty-nine (239) days of
the two hundred sixty (260) days, whichever nuraber of days
per year the employee is assigned in accordance with section
6.11 of this agreement.
SECTION 24.0 STAFF MEETINGS
The employees agree that the Chief of Police shall have the
right to schedule not more than two (2) staff meetings of
the employees with the rank of sergeant and above in each
calendar year for periods not to exceed three (3) hours
each, for which no compensation shall be paid to the
employees~ at which meetings police matters may be
considered.
SECTION 25.0 "TERM OF AGREEMENT
The term of this Agreement shall be two (2) years to become
effective January I, 1995 and terminate on Dece~lber 31,
1996.
IN WITNESS WHEREOF, the parties he~to have set their
hands and seals this~ day of ~ 1996.
SOUTHOLD TOWN POLICE
BENEVOLEN? AS/~..IATION INC.
· i .~ .'
By: ,~.> ' ~ ~,.~ .
~ Vincent Ti~elli
President
TOWN OF SOUTHOLD
Deputy Supervisor
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