HomeMy WebLinkAboutPBA ContractL'/ '
AGREE~-ENT
BETWEEN
THE TOWN OF SOUTEOLD
AND
THE SOUTHOLD TOWN
POLICE BEIFEVOLENT ASSOCIATION
JANUARY 1~ 1991 - DECEMBER 31, 1994
SUBJECT
TABLE OF CONTENTS
SECTION
PAGE
Additional Compensation
Amendments
Apportionment cf Benefits
Association Leave
Benefit Plan
Bereavement Leave
Bill of Rights
College Cradit
Death of Employee
Detective Duty
Grievance Procedure
Holidays
Hospitalization
Injured Employees
Leave of Absence
Legal Services
Legislative Approval
Longevity Pay
No strike Pledge
Overtime
Personal Leave
Personnel Record
Promotion-Notice
Protection of Employees
23
22
6.9
14
6.8
16
l0
13
15_
6.4
11
3
6
2.3
21
9
19
12
6.7
17
4
2
17
16
17
7
13
7
14
11
13
10
13
6
12
2
5
2
17
1i
17
12
7
16
3
2
TABLE OF CONTENTS
SUBJECT
SECTION
PAGE
Recognition
Retirement Benefits
Salaries
Seasonal Employees
Seniority
Sick Leave
Sick Leave - Unused
Split Shifts
Staff Meetings
Switching of Tours
Term of Agreement
Tour Differential
Tours of Duty
Uniform Cleaning
Vacations
1
7
2.4
2.2
6.2
7.5
6.!2
2,/_
6.13
25
8.3
6.11
2O
5
1
9
!0
2
2
5
9
18/
8
18
11
8
17
3
THIS AGREEMENT made this 16~h day of September, 1993 by and
between the TOW~ OF SOUTHOLD, a municipal corporation of the
State of New York (hereinafter referred to as the TOWN) and
the SOUTEOLD TOWN POLICE BENEVOLENT ASSOCLATIO~, !NC., a
membership corporation of the State of New York (hereinafter
r~ferred ~o as t~e PBA or Association).
W I T N E S E T H:
WHEREAS, Al~aicle 14 of the Civil Service Law provides
that public employees shall have the right to be represented
by employee organizations to negotiate collectivel~, with
their public employgr in the determ%nation of their ~tel-ms
and conditions of e~plo~rment, and to enter into ~ritten
agreements with. r~ct thereto; and
~AS, the PBA has been certified as the ~ployee
organiz~on, ~s a result of an election, to represent all
uniformed members of the Police Department of the Town of
Southoid, including all patrolmen, sergeants, lieutenants
and de~cti~es exci~ding the Chief of Police, and all other
employees, said included members of the Police Department
hereinafter referre~ to as "employees;
NOW, T~EFORE, the parties hereby agree as follows:
· SECTION 1.
RECOGNITION
I.!. 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 tb~s 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 o~her
evidence, or, if necessary, by conducting an election in
accordance with Article 14 of the Civil Service Law and
Rules adopted pu!suant 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
Page
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 terns and
conditions of emplo!rmen~ and the administration of
grievances of the employees.
SECTION 2.
PROTECTION OF E~PLOYEES
2.1 Ail employees appointed from a valid Civil Service list
shall be afforded the protection of the provisions of
Article 5 of the Civil Service Law and/or Article.-10 of the
To~n Law~ w~ichever shall be applicable.
2.2 Seniority
a. Seniarity shall be determined on the basis of
continuous employment in the Southold Town Police
Department.' Additionally, an employee who has been
transferred from another Police Department within Suffolk
County to the Southold Town Police Depaz~ent shall receive
credit for purposes of seniority for continuous time sel-ved
~n s~ck other Police Departments in Suffolk County.
b. Notwithstanding any other provision of this aqreement,
seniority for purposes of selection of vacations and regular
days off, shall be determined on the basis of continuous
· employment in the Southold Town Polic~ Department.
2.3. Legal Services
The Town shall provide legai services to an employee against
whom an action or proceeding has been commenced involving
.eny matter occurring within the scope of his/her employment
as an officer or employee of the Town.
2.4 Seasonal/Part-Time Employees
Seasonal or pact-time employees shall not perform duties
which are normally assigned to full-time civil Service
police officers of this department, unless mutually agreed
upon by the PBA and the Town. Neither seasonal nor part-time
employees shall be used for ove~ime work unless all
available employees refuse overtime. Special events, such as
traffic control, parades, etc., shall be exempt from the
provisions of this section.
SECTIONj 3.
COMPENSATION - INJURED E/~P-~LOYEES
Employees who Sustain physical injuries in'the course of
employment with the Town shall continue to receive full
salary during the period of incapacity or until eligible for
a disability pension, or death, whichever shall first occur.
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Any suns received by such employee under ~he provisions of
the Worker's Compensation Law for lost earnings aR a result
of such injury shall be paid by such employee to the Tow~.
SECTION
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 such positions.
4.2 An employee who is scheduled to take a Town police-
related dep~Lmental promotional examination shall be
entitled to eight ($) consecutive hour~ off-duty prior to
the scheduled 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 through first year - five (5) working days.
b, Second *brough 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 ~hrough twentieth year - twenty-seven (27)
working days.
5.2 Effective January 1994, members shall not be entitled
to accumulate more than fifty percent (50%) of their 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 ~o September t 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.
Notwithstanding the above, however, a member shall only be
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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 circttmst~nces
shall a member be entitled to a~ually take more vacation
days as provided for in Section 5.1 a. through 5.1 e. above,
witli the exception that a m~mber may add ~n additional eight
(S) days from the previous year. For example, a member ~ay
not ~_ke more ~than twenty-four (24) actual ~acation days in
his second 'through fifth year, twenty-seven (27~' in his
· s~ix..~h'thr°~g5 t~nth, _t~,irty (30.) in his eleventh through
f~f~enth ~and thiTty-five (35) in his. sixteenth through
5.3 _Employees ~ho so desire may ~oT~nteer to work, if
accel~table to the Department, during their ~n~ual vacations.
S~ck ~ork will be compensated at straight time, unless an
e~ploFee works in excess of eight (B) hours. Such volunteers
may be assigned to any normal police duties.
5.4 An emgloyee, 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 To~n, 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/sh~ 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 t_he C~hief of Police, or his/her
designee, receives sufficient notification to arz-ange for
rescheduling of tours of d~ty. Vacation time, other than one
(1) day segments, shall ~e scheduled on ~he basis of
seniority, in the following manner, to wit:
a'. '' First selection - on r_he basis of seniority, ali
employees shall select the time 'of their vacation.
' ~. 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 vmcation time
shall make a second selection based on seniority.
c. Third selecticn - after making the second selection, as
provided in paragraph b. above, the employeo_s with remmining
vacation periods due them shall make a final selection o~
time when the remainder of their vacation shall be take_n,
based on seniority.
d. Two (2) serc3eants may take their vacation at the same
time, provided that'the same is approved bY the Chief or
-officer in cb~arg~, and further provided that the sam~ does
no% result Ln ovelrtime being paid to ether members of the
Po li=e 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.t~
employees in accordance with ~ke provisions of Rule 24 of '/
the Rules for Classified Civil SeL-vice cf Suffolk County and
the previsions of Section 243 of the Military Law of the
State of New York.
6.2 a. All employees shall be entitled to fifteen (t5)
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. The Town Board
shall have tke option to pay the same to the employee,
either in a lump su~ payment at the time of the employee's
retirement or in regular payroll payments immediately prior
to such retirement.
6.2 b. The Chief of Police, in the exercise of his/her
discrgtion, may request written physician's certificate in
all cases where an employee is absent by reason of i3_!ness,
the cost thereof to be paid by the Town.
6.2 c. When an emp!oyge~ due to illness, fails to
complete a tour of duty, t/Te remaining sumount of time left
in that tour shall be deducted from said em9loyee's si~k
leave.
6.2 d. An employee may use up to five (5) days "sick
leave" per calendar y~r in the event that an employee's
spouse of immediate family living in the household cannot
take care of themselves or take care of the children of the
Page - 5
employee for which the employee has the responsibility of
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 ~bsence not
exceeding two (2.) years without pay by reason of pregnancy
of the empleyee. Such employee, upon the eXpiration of such
period of leave of absence, shall be restored to the sa~e or
comparable position of employment, if the game is available.
· The Tow~ sh~ll cu~ti/l~e the employee's major
med~caI/hospitalization benefits for a period of three (3)
months D~yond normal entitlements during s~ch leave.
Tb~reafter~at th~option oft he employee, the employee
s~ Be ent~.'tled to contiaue~s~c~.-~e~nefits at the
~!oya~'s O~ expense.
6.4. a. Each employee shall be entitled to receive
eq~/iv~lent time off or receive compensation in lieu of such
eq~va!ent time of~ for the following holidays, whether of
not such employee was required to report for duty on such
~a~s, to wit: the first day of January, known as New Year's
Day~' the third Monday of January, known as Dr. Mar~in Luther
~i~g Jr., DaY; the 12th day of February, known as Lincoln's
~ir~=hday; the third~ Monday in February, known as
Wa~hlngton's birthday; Easter Sunday; the last Monday of
H~, known a~ Memorial Day; the 4th day of July, known as
Ln.d~pendenc~ 'Day; the first Monday in September, known as
~aDbr Day; the second Monday in October, known as Coitumbus
D~F; the firs~ Tuesday after the first Monday in November,
known as Eledtion Day; the l!th day of November, known as
~e~erans' ~ay; the fourth Thursday in November, known as
Thanks~ivir~ Day; tl~e 25th day of December, known as
Christmas Da~..
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 submit to the Supervisor a schedule indication
the total number of holidays that each employee is entitled
to for such year, the total number of holidays charged
against each employee for such year and the total n~ber of
holidays remaining due to said employee. On or before
D~cember 15th of such year, the Supervisor shall pay to each
employee a sum equal to the number of holidays rsmaining due
to each employee. An employee who separates from service
after he/she received the benefits of this section and prior
Page - 6
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 ~eceived for said holiday.
6.6 Employees shall be entitled to be absent from duff
without pay at such time and for such duration as the Chief
of Police or officer in charge may in his/her discretion
approve for the purpose of attending business affairs.
6.7 a. Employees shall be entitled to four (4) days
personal leave of absence witl~pay~ each cai~ndar year for
-t/~e purpose of ~ttendiug to personal m~tters, provided that
· ~he t.i~e of taking s~C~/ leave s~all be approved by the
officer in char~.
6.7 b. If an employee submits h~/her request for a
personal day at 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 personal day shall be submitted. However,
permission for a personal leave day shall not be withheld if
there are ~dequa%e personnel available to fulfill the ~
staffin~ 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 "i~mediat~ f~ly", which shall be defined as
spouse, child, fmther, stepfather, mother, stepmother,
brother, sister, parent-in-law, son-in-law and daughter-in-
law. An employee shall be grant&d 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 mn amount of time away from work, ~ucluding time
for travel to th~ 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 t~is c~ntract, for the purpose of
attending PBA meetings, conventions and other like
commi~meluts. The Suffolk County Police Conference Director
shall be entitled to ~hree (3) paid leave days per year to
attend the various conference functions.
6.10 The PBA shall designate a maximu~ of two (2) of its
members, in advance, to attend any formal negotiation
Page - 7
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 n~gotiating session, such
member shall be excused from his/her tour of dotty for that
calendar day but shall be deemed to be on duty for all other
purposes. This shall in no way limit the actual number of
represe~tatives attending a~d/or participating in any
negotiating session but shall only limit those be-~ng paid
during their attendance.
6.11 The existing duty chart of three (3) rotating tours of
'dut~ (i.e., 8:.O0 'A.l{= to 4:00 P-M.; 4:00 P.~I. to t2:00
~idnight; and t2:00 Midmiqh~ to 8:00 A.M.) shall ~be
~ontinued= me~ber~ shall have the right to choose two (2)
pa~d leave days ("RDO's") per cycle on a seniority basis (a
cycle shall be defined es one complete set of three (3) tour
ro~atlons) . The d~t~f chsr~ sha~I be 239 days per year.
personnel a~p0i~te~ after~ ~anuary 1, L991 for the. first
eighteen. (~!8) months of their employment 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 Sectio'n. The split
shift shall be of one continuous eight (8) hour period
s~anning the late evening ~o early morning hours. Personnel
for the split shift shall be reassigned from the twelve (12)
to.eight (8) Shift. An emuloyee shall be notified and
assigned to the split shi~t at least one (1) week prior to
th~ commencement of such assignment. Assignment of personnel
to the split shift 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
eig~rt ~8) shift will be covered'by the assignment of
additional personnel on overtime'. Assignments to the split
shift shall be by seniority on a rotating basis. Employees
assigned to the split shift in the manner and as described
herein shall not be entitled to overtime pay or change of
tour cOmpensation otherwise payable.
6.13 Police Officers shall be permitted to switch 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 disl-upt nol-maI police operations.
Page - 8
7.0 RETIREMENT BENEFITS
7.1 The. To~n agrees to make the provisions of Seotion 3S~-d
of the Retirement and Social Security Law. (optional twenty
year retirement plan) appli,cabLe to the e~ployees,~ and to
take th~ appropriate action to assume the additional cost
thereof. The. To.~m of Southotd, shall adopt the New York
State Retirement Plan SeCtion 375 (i),'a/~d .proVide such
benefit to a~y police officer who retireS.
7.2 ~he To~ agrees to make the provisions, of Section 384
· sLtbdi~s~n% (f) a~ (g). of the Retirem~t and Social
Secu~Lt~ La~ (i/6U-~i im~eased p~sion~ applicable to'the
emplOSZees, and to take'ths-'appropriate action to assUme the
additional costs
7.3 The TOE agrees to make the provisions of' Section 384
subdivision (e) of the Retirement and Social Security LaW
f"l/60th Bill", 1989 Session La~s Chapter 453) applicable to
the employees, 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 costthereof.
7.5 In order to be paid for unused accumulated sick leave,
the employee must notify the Chiek of Police in writing of
the employee's intention to retire on a particular date.
Such notification must be no less than forty-five (45) days
prior tO the date of the adoption of the budget, but in no
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 fiscaI year for which the Town budgeted for the same
o~ had. the opportunity to do so. Time limits for notice to
be given herein may be waived by the Town, in its sole
discretion. In the event of severe health or personal
uroble~s cf an employee, such requirements shall not apply.
In th~ event of death, the notice requirements 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.
Page - 9
SECTION 8.
SALARIES
8.1 Salary Schedules.'
Police Officer - Salary Rates
Period of 1/1/91
Sel-~ice
1/1/92 10/1/93 3/1/94
First Year
19,250 20,213 20,819 21,652
Second Y~ar
30,370 ~1,888 32,845 '34,159
Third Year
35,503 37,2.78 38,396 39,932
Fourth Year
40,636 -42,6~'' 43,948 45,706
Fifth Year
47,429 .49,800 51,294 53,346
Sergeant - Salary Rate
55,774 58,563 60,319 62,732
Lieutenant - Salary Rate
62,112 65,218 67,174 69,861
· 8.2 Detective Duty. During the term of this Agreement,
employees assigned to detective duty shall be paid
additional salaries during the period of such assignments,
in the amounts set for%h in ~his Section, which additional
salaries shall not, however, be included in such employee's
salary for purposes of determining longevity pursuant to
Section 9 hereof.
a. During the terms of this Agreement:
The annual sum of five hundred {$500.00) dollars
during the first year of..such assignment.
(ii) The annual s~m of one thousand ($1,000.00) dollars
. during the second year of such assiqnment.
(iii)The annual sum of one thousand six hundred
($1,600.00) dollar~ during the third year of such
assignment.
(iv) An annual su~ of two thousand two hundred and
fifty ($2,250.00) dollars during the fourth and
subsequent years of such assignment.
b. Detectives assigned to the detective division shall
receive additional compensation at the rate of one (1) hour
straight time for every eight hours on call. If, during the
Page - t0
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 !, 1991 a ($2,736.50) per ~nnum
a~nount as a tour differential sh~_ll be granted each employee
'who works three (3) tours around the clock or a steady night
tour.
bo Effective January !, 1992 a ($2~$73.33) per 'annum
amount as a tour differential shall be granted each ~mployee
who'works three (3) tours around the clock or a steady night
tour.
c. Effective January 1, 1991 a $1,200. per annum amount as
a tour differential shall be granted each employee who works
two (2) roJ~ating tours of duty.
d. If a~ employee who is not normally scheduled to work
three (3) rotating tours of duty should, over the course of
the calendar year, work twenty (204) percent of his/her
tours between 12:00 A.M., and 8:00 A.M., said amp!oyee 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 than
fifteen (15) years of service shall receive a salary
increasm of five (5%) percent.
b. Employees with at least fifteen (15) years but less
than eighteen (18) years of servicD shall receive a salary
increase of six (6%) percent.
c. Employees with eighteen (18) or more years of service
shall receive a salary increase of seven (7%) percent.
d. Such additional compensation as provided in this
section shall commence on the first day of the month in
which an employee becomes eligible therefor.
SECTION 10'. COLLEGE CREDIT
10.1 Employees shall receive additional compensation based
upon successful completion cf police science courses
Page - 11
qualifying for credit toward an Associate. Degree 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 r~ceived an Associate Degree in
Police Science shall receive a salary increase of two (2%)
percent of base salary.
c. An employee requesting additional compensation ~s
~provided in this Section shall present to t~e Supervisor a
letter or certificate executed by an official of the college
or. university as,proof 9f his/her eligibility therefor.
Addit£oRa. l Comp.en~.,ation shall-commenCe on the. first day of
the month af~e~ 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 pa~ one hundred ($100%) percent of the
premium applicable, to benefits afforded to both the employee
and his dependents, in the event of an employee's de~th, 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.
CO~ENSATiON FOR COURT ATTEND~_NCE AND
Ov~TIM~ WOP_K
12.1 In the event that an employee is required to be present
in any Court proceeding as a wit~ess 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 (t 1/2) times the normal rate of salary or, at
the option of the employee, shall be given compensatory time
off at th~ same rate. Employees, when required to perform
duty as provided in ~his section, shall receive a minimum of
three (3) hours compensation at their normal rate of salary.
Proof of time spent for Court appearances shall be certified
to the Justice or Clerk of the Court and filed by the
employee with the Supervisor.
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.
Page - 12
12.3 Overtime worked between January 1st and may 31st shall
be paid on June 15th. Overtime worked between Jun~ 1st and
November 15th shall be paid on December !st. Any unpaid
overtime accrued from November t5thto-December 3Ist shall
be paid on January 15th.
SECTION 13.0 DEATH OF E~PLOYEE
13,1 The Town agrees to continue to provide the death
benefits provided by Section 208-b of the G~neralMunicipai
Law.
13.2 The Town agrees that any and all benefits to which an
employee is entitled at the time o~-~ris/her death shall be
paid to his/her estate as soon aS s possible after his/her
death.
SECTION 14.0 BENEFIT PLAN
14.1 Dental/Optical Insurance Benefits
Effective January 1, 1991, 1992, 1993 ~he employees shall
contribute an amount equal to that being contributed by
members of the CSEA pursuant to the terms of. their contract.
.The 1993 employee contribution and level of benefits shall
remain %unchanged through December 31, 1994.
SECTION 15.0 . EMPLOYER-EMPLOYEE RR/~TIONS AND GRIEVANCE
PROCEDURE
15.1 The Town agrees to establish a committee to meet when
necessary with a similar committee to be established by the
PBA for the purpose of dealing with employee grievance and
working conditions and such other matters as effect the
Police Department and its e~ployees.
15.2 Any grievance arising out of ~he interpretation of this
Agreement shall be resolved by the following procedure:
Step 1: The employee shall, within ten (10) days of ~n
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 written reply to said
grievance within ten (10) days of its receipt.
Step 2: Within ten (10) days of receipt of the written
reply of the Chief of Police, the employee may appeal the
decision of the Chief of Police to the Police Committee,r
Town of Southold. The Police Coma~ttee shall co~ider such
grievance at its next regularly scheduled me,ting and shall
Page - 13
issue a written reply within ten (10) days after said
meeting.
Step 3: In the event that the em~Ioyee is not satisfied
with the said decision, he/she may r~quest a full Town Board
hearing to be conducted within twenty (20) days of receipt
of the Police Committee decision. The full Town Board
hearing shall constitute the final step.
SECTION 16..0 DISCIPLIi~-E AND BILL OF RIGHTS
16.1 The parties hereto agree that t. hey will comply with the
applicable provisions .of law witJ~ respe~mt to disciplinary
matters involving t~he employees.
16.2 All 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 t~e
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
Depm_~tment and. its members involves them in all manner of
contacts and relationships with the public. Out of these
contacts come many questions concerning the actions of
employees. These questions often require immediate
investigations by the employer or its designee, usually the
Police Chief or other superior officer. In an effort to
ins~e that these investigations are conducted in a manner
which is constructive to good order and discipline, the
following procedures shall be follgwed:
(1) The interrogation of an employee shall be at a
reasonabl~ hour, preferably when the employee is on duty,
unless the exigencies of the investigation mandate
otherwise. Where practicable, interrogations s~ould be
scheduled for the day time and' the reassignment of the
employee to the day shift shall be employed. If overtime as
hereinabove defined, is incurred by reason of such
interrogation, the employee shall be given overtime
compensation as set fort// in this Agreement-
(2) The interrogation shall t~3~e plac~ 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 Headqu~ers.
Page - 14
(3) If an employee is directed to leave his post and
report for interrogation to another location, his/her
immediate supervisor and t~e r~dio desk shall_he promptly
notified of his whereabouts.
(4) The employee shall be informed of the r~nk, na~e
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 adv~aed of the right to an adjournment .in .order
to have counsel .and/or Association representative present.
(5) The employee shall be informed of the natur~ of the
investigation before any interrogation commences~, including
the name cf the. complai~ant. The address Of t~e complainant
and/or witnesses .need not De diSClosed; however, sufficient
infoI-mation to reasonable appris~ the employee, of the
allegations sha~'! be provided. If it is k~cWn, that an
employee being interrogated is the target, of a criminal
investigation or a witness only, he ors~.~! be so
informed at the initial contact, or as soon a~ same is
known.
(6) The. questioning shall not be overly long.
Reasonable respites shall be allowed. Time shall also be
.provided for personal necessities, meats,~elephone calls
and rest periods, as are reasonably necessary.
(7) The employee shall not be subjected to any
offensive language, nor be threatened with transfer,
dismissal or other disciplinary punishment. No promises or
reward shall be made as an inducement to answering
questions.
{8) The complete interrogation of the emp-loyee shall be
recorded mechanically or by a stenogl-apher. Ail recesses
called during the questioning shal~ be recorded. The
employee or his/her counsel shall be entitled to a copy of
the tape recording and/or a transcript of such stenoqraphic
record wi.thin a reasonable time after such interrogation.
(9) If 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 inforT~ed and be given
his/her rights pursuant to the Miranda decision.
(10) Except as provided in (9) immediately preceding,
the law imposes no obligation, legal or otherwise, on the
Department to provide an opportunity for an employee to
consult with counsel or anyone else ~nen questioned by a
Superior Officer or employer about his/her employment or
matters relevant to his/her continuing .fitness for police
Page - 15
service. Nevertheless, in the interest of maintaining the
usually high morale of the Police Department, the employerj
shall advise the employee and afford an opportunity for the
employee, if he/she so desires, to consult with counsel
and/or with e representative of the Association before being
q~estioned concerning a serious violation ~f law or the
Ru~es and Procedures, provided the interroqation is not
u~du~y delayed. However, in snch cases, the interrogation
may not. be postpDned for. purposes of cons~altation past 10:00
A-K- of the day following the notification of interrogation.
Th~ employee shall have the r~i~ht to have. counsgi and/or a
-Ass~cia~ionrepresen~ati~epr~entto assist during the
in.t~rr ogat ion.
SECTION 17.0
PERSONNEL RECORDS
17.! 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 f~--nished with a
copy of any material in his/her personnel file.
i7.3 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 service 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
competent jurisdiction, the only documents to be placed in
the employee's personnel file shall be the charges and
specifications and the final adjudication t_hereof. Upon the
consent of the employee, the PBA, upon request, should be
advised of the status, progress and out come of =he 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
p~ties hereto.
page - 16
SECTION 19.0 NO STRIKE PLEDGE'
Th~ PBk 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
UNIFO~/~ CLEANING AND UNIFOPJ~ EQU/PMENT ·
ALLOWANCE
-20.1 The employer agree~ to pay the entire cost of clry
cleaning of all wearing apparel in connection with the
police u~iforms' of the 'employees of ~he To~n of Scut_hold
excep~ wa~habl~ items. The To~/n shal~ select an appropriate
dr~,.cleaning, servLqe. The e~p!oye&"~a!l use the clean/ng
service ~electe~ by the employer.
20.2 Empl6yees assigned to uniformed duties shall have
avail~b!e the a~nua! slim of T~I{EE HUNDRED ('$300.~0) DOLLAilS
as a unifor~ and equipment allowance. Employees assigned to
non-uniformed duties shall have available the annual sum of
FTVE HUNDRED ($500~00) DOLI2dL~ as a clothing and equipment
allowance. Any unused allowance will be credited to next
~ars, clothing alI~wance but may not be accumulated beyond
the subsequent year.
S~CTION 21.0 LEGISLATIVE APPROVAL
It is agreed by and between the parties that any provision
of this agreement requirLng legislative action to permit its
implementation by amendment of.law or by providing the
additional funds therefor~ shall not become effective until
the appropriate legislative body has given approval.
SECTION 22.0 APPORTIONMENT 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 termJ_nation.
SECTION 23.0 ADDITIONAL ~OMPENSATION
tn the event an employee is entitled to additional
compensation for Court attendance, overtime work or other
purposes, the rate such compensation shall be based upon two
hundred thirty-nine (239) days.
Page - 17
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 thee (3) hours
each, for wh/ch no Compensatio~ shall be paid to the
employees, at which meetings poli~e matters may be
Considered.
· SECTION 25.0 TERM OF AGREEMENT
The term of this Agreement shall be four (4) years to become
effective Jan~al-l; 1, 1991 and tel-minate on. Decamber 31,
i994. - .... _~
IN WITNEss WAVEREOF, the parties hereto have set their
hands and seals this 16~day of September , 1993.
SOD~/~OLD TOWN POLICE
BENEVOLENT ASSOCIATION INC.
TOWN OF SOUT~EOLD
Supe~-~isor
Page - 18