HomeMy WebLinkAboutPBA ContractSOUTHOLD TOWN POLICE
BENEVOLENT ASSOCIATION. INC.
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£0UTHOLD ?0wiJ POLICE ~EKEV_:iS~:7 ''J-2c_. TNC_
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TABLE OF CONTENTS
Subject
Additional Compensation
Amendments
Apportionment of Benefits
Association Days
Benefit Plan
Bill of Rights and Discipline
Child Care Leave
College Credit
Compensation, Injured Employee
Death Leave
Death of Employee
Detective Duty
Grievance Procedure
Holidays
Hospitalization
Leave of Absence
Legislative Approval
Longevity
Negotiations, Leave Time
No Strike Pledge
Overtime
Personal Days
Personnel Records
Promotions, Notice of
Protection of Employees
"RDO's"
Recognition
Retirement
Retirement, Notice of
Article Paqe
XtII ......... 19
XVIII ........ 23
XXII ........ 27
VI, Sec. 9 11
x/V ....... 19
XVI 21
VI, Sec. 3 ..... 8
X ....... 17
III ........ 4
VI, Sec. 8 ..... 10
XIII ..... 19
VIII, Sec. 2 .... 15
VI, Sec. 4 & 5 8
XI ........ 18
VI, Sec. 1 ..... 7
XXI ........ 27
IX, Sec. ! .... ' . 16
VT, Sec. 10 11
XIX ....... 26
XII ..... 18
VI, Sec. 7 ..... 10
XVII ........ 24
IV ..... 4
II ........ 3
VI, Sec. 1! ..... 11
I ......... 2
VII ..... 13
vii, Sec. 5 ..... 14
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Subject Article Pa~e
Salaries
Sick Days
"Split Shift"
Staff ~eetings
"Switching" Tours
Terms of Agreement
Tour Differential
Uniform Cleaning
Vacations
VIII ........ 15
VI, Sec. 2 7
VI, Sec..12 ..... 11
iQfIV ........ 27
VI, Sec. 13 12
XXV ....... 28
Ir/II, Sec. 3 .... 16
~ 26
- ii -
THIS A~REEM~NT made this day of , 1989 by
and between tke TOWN OF SOUTHOLD, a municipal corporation of the
State of New York (hereinafter refez-red to as the "Tow]l") 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 SETM:
WHEREAS, Article 14 of the Civil Service Law provides
that public employees shall have the right to be represented by
employee organizations to negotiate collectively with their
public employer in the determination of their terms and
conditions of emploYment, and to enter into w-ritten agreements
with respect thereto; and
WHEREAS, the PBA 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
detectives excluding the Chief of Police, and all other
employees, said included members of the Police Department
hereinafter referred to as "employees";
NOW, Th~EREFORE, the parties hereby agree ms follows:
1
ARTICLE I
Recoqnition
Section 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.
Section 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 necessary, by conducting an election in accordance with
Article 14 of the civil Service Law and Rules adopted pursuant
thereto.
Section 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 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.
2
ARTICLE II
Protection of Employees
Section 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
Town Law, whichever shall be applicable.
S~ction 2. . Seniority sha~l be determined on the basis
of continuous employment, in the Southold Town Police Force and/or
Department.
(a)
Notwithstanding the foregoing, however,
an employee who has been transferred
from another police department within
Suffolk County to the Southold Town
Police Department shall receive credit
for purposes of seniority for continuous
time sel-ved in such other police depart-
ments in Suffolk County.
(b)
Notwithstanding any other provision of this
Agreement, seniority for purposes of
selection of vacations and regular days off,
shall be determined on the basis of contin-
uous employment in the Southold Town Police
Department.
Section 3. 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 employment
as an officer or employee of the Town.
Section 4. Seasonal or part-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 overtime work unless all
3
available employees refuse overtime. Special events, such as
traffic control, parades, etc., shall be exempt from the
provisions of this section.
ARTICLE III
Compensation - Injured Employees
Section 1. Employees who sustain physical injuries in
the ceurse 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. Any
sums received by such employee under the provisions of the
Worker's Compensation Law for lost earnings as a result of such
inju~-~; shall be paid by such employee to the Town.
ARTICLE IV ~
Notice of Promotions
Section 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.
Section 2. An employee who is scheduled to take a Town
police-related departmental promotional examination shall be~
entitled to eight (8) consecutive hours off duty prior to the
scheduled time of such examination.
as follows:
Section 1.
ARTICLE V
Vacations
The Town will adopt the vacation schedule
(a) Start through first year - five (5)
working days.
(b) Secor~d through 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-seven (27) working days.
Section 2. UnlLmited unused vacation leave may be
accumulated by an employee and the employee ma~ receive payment
for such accumulated leave upon reason~le request.
Notwithstanding the foregoing, however, not more than a maximum
of eight (8) unused vacation days may be carried over to the
following calendar year to be used for the express purpose of
additional vacation time off in the following calendar year.
Section 3. Employees who so desire may volunteer to
work, if acceptable 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.
Section 4. An employee, if transferred not by choice
from one squad to another, shall have the right to maintain his
previously selected vacation.
5
tours of duty. Vacation time, other than one
shall be scheduled on the basis of seniority,
manner, to wit:
Section 5. If an employee is on his first week of
vacation and is outside the Town, and is recalled from vacation
to active d~ty, he sh~t be given credit for an additional five.
(5) days vacation time. Such employee shall also be paid for his
necessary travel expenses incurred in returning to active duty.
Section 6. An employee on vacation may sign out on
sick leave if sickness or injury occurs while on vacation and he
is confined to his 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.
Section 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) one (t) day
segments, provided that the Chief of Police, or his designee,
receives sufficient notification to arrange for rescheduling of
(1) day segments,
in the following
(b)
First selection - on the basis of
seniority, all employees shall
select the time of their vacations.
Second selection - after all employees
have made a first selection, as provided
in Paragraph (a) above, those employees
who have elected to divide their vacation
time shall make a second selection based
on seniority.
6
Third selection - after making the second
selection, as provided in Paragraph (b)
above, the employees with remaining vacation
periods duet hem shall make a final selection
of time when the remainder.of their vacation
shall be taken, based on seniority.
Two (2) sergeants may take their vacation at
the sa/ue time, provided that the sa~e 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 (1) employee from each squad may be on
v~cation at the same time.
ARTICLE VI
Leave of Absence, Sick Days, Child Care and Holidays
Section 1. Leave of absence without pay shall be
granted to employees in accordance with the provisions of Rule 2~
.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.
Section 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 or her accumulated
unused sick leave, or any portion
thereof. The Town Board shall have the
option to pay the same to the employee,
either in a lump sum payment at the time
of the employee's retirement or in regular
payroll payments immediately prior to such
retirement.
7
(b) The Chief of Police, in the exercise of his
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.
When an employee, due to illness, fails to
complete a tou~ of duty, the remaining
amount of time left in that tour shall be
deducted from said employee's sick leave.
Section 3. kn 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 position of employment, if the sa~e 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 benefits at the employee's own ex~ense.
Section 4. Each employee shall be entitled to receive
equivalent time off or receive compensation in lieu of such
equivalent time off for the following holidays,'whether or not
such employee was required to report for duty on such days, to
wit: the first day of January, known as New Year's Day; the
third Monday of January, known as Dr. Martin Luther King, Jr.,
Day; the 12th day of February, known as Lincoln's birthday; the
third Monday in February, known as Washington's birthday; Easter
Sunday; the last Monday of May, known as Memorial Day; the 4th
day of July, kno~rn as Independence Day; the first ~onday in
September, known as Labor Day; the second Monday in October,
8
known as Columbus Day; the first Tuesday after the first Monday
in November~ known as Election Day; the llth day of November,
known as Veteran's Day; the fourth Thursday in November, known as
Thanksgiving Day; the 25th day of December, known as Christmas
Day.
Employees who actually work on a designated holiday
shall receive four (4) hours of additional compensation for
· working that particu~lar holiday.
Section 5. For the purpose of implementing the
provisions of Section 4 of this Article, on January 1st of each
'year, each employee will be credited with the total number of
holidays to which he is entitled for the ensuing year. On or
before December 1st of each year, the Police Department shall ~
prepare and s~bmit to the Supel-visor a schedule indicating the
total number of holidays that each employee is entitled to for
such year, the total number of holidays charged against each
employee for such year and the total number of holidays remaining
due to said employee. On or before December 15th of such year,
the Supervisor shall pay to each employee a s~m equal to the
number of holidays remaining due to each employee~ An employee
who separates from sel-vice after he has received the benefits of
this Section and prior to a holiday for which he has been
compensated, shall have deducted from his final payroll check an
amount equivalent to the compensation received for said holiday.
Section 6. Employees sh~ll be entitled to be absent
from duty without pay at such time and for such duration as the
9
Chief of Police or officer in charge may in his discretion
approve for the purpose of attending to business affairs.
Section 7.
(a)
Employees shall be entitled to four (4)
days personal leave of absence with
pay each calendar year for the purpose
of attending to personal matters, pro-
vided that the time. of taking such leave
shall be approved by the officer in charge.
If an employee submits his request for a
personal day at least five (5) days prior
to that day, no reason for the leave shall
be required.
(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 leeve day shall not be with-
held if there are adequate personnel avail-
able to fulfill the staffing needs of the
Department.
Section 8. An employee, on application of his
Co~tmanding Officer, shall be granted four (4) continuous days
including scheduled days off with full pay, in case of death in
his or her "immediate f~mily", 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 has demonstrated to the
Commanding Officer that there has been a sufficiently close
10
relationship t_hat he would normally.be expected to need such .an
amount of time away from work, including time for travel to the
funeral.
Section 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 PBk meetings, conventions and ot~er like commitments.
The Suffolk County Police Conference Director shall be entitled
to three (3) paid leave days per year to attend the various
conference functions.
Section 10. The PBA shall designate a maximum of two
(2) of its members, in advance, to attend an~ formal negotiating
session with the Town, or its representative. When any PBA
member is scheduled to work on the calendar day of a.scheduled
negotiating session, such member shall be excused from his
scheduled tour of duty for that calendar day, but shall be deemed
to be on duty for all other purposes.
Section 11. The existing duty chart of three (3)
rotating tours of duty (i-~-, 8:00 A.M- to 4:00 P.M.; 4:00 P.M.
to 12:00 Midnight; and 12:00 Midnight to 8:00 A.M.) shall be
continued. Members shall have the right to choose two (2) paid
leave days ("RDO's") per cycle on a seniority basis (a cycle
shall be defined as one complete.set of three (3) tour rotations.
The duty chart shall be 239 days per year.
Section 12. The Town shall have the option of
assigning personnel to a split shift in accordance with this
11
Section.
The split shift shall be of one continuous eight (8)
hour 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
skift at least one (1) week prior to the 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 eight (8) shift will be covered by the
assignment of additional personnel on overtime, z
Assignment 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.
Section 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 absence, the
officer in charge;
(b) the sa_me does not result in any increased
costs to the Town;
(c) the same does not disrupt normal police
operations.
12
ARTICLE VII
Retirement Benefits
Section 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
ta~e the appropriate action to assume the additional cost
thereof. The Town of Southold, effective upon the execution of
this Agreement shall adopt the New York State Retirement Plan
Section 375(i), and effective as of the date of this Agreement,
provide such benefit to any police officer who retires.
Section 2. The Town agrees to make the provisions of
Section 384 subdivisions (f) and (g) of the Retirement and Sociai
Security Law (1/60th increased pension) applicable to the
employees, and to take the appropriate action to assume the
additional costs thereof.
Section 3. The Town agrees to make the provisions of
Section 384 subdivision (e) of the Retirement and social Security
Law ("l/60th Bill", 1989 Session Laws Chapter 453) applicable to
the employees, and to take the appropriate action to assume the
costs thereof.
Section 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 assuane the additional cost thereof.
13
Section 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. Suc~ notification must be no less than forty-five (45)
days prior to the date of the adoption of the budget. Such
retiree shall receive the monies due under Section 2(a) of
Article VI hereof, provided that.s~ch 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. Ti~e
limits for notice to be given herein may be waived by the Town,
in its sole discretion. In the event of severe hea~th or ~
personal problems of an employee, 'such requirements shall not
apply. In the 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.
14
ARTICLE VIII
Salaries
(2)
shall be paid the salaries set forth in columns
Section 1. Employees originally hired prior to January
1987 shall be paid the salaries set forth in columns (1) and
below, and e-mployees first hired on and after January 1, 1987
(3) and (4)
(2) (3) (4)
1/1/89 1/1/90 1/1/89 1/1/90
Length of Base Base Base Base
Service Salary Salary Salary Salary
First Year N/A N/A 17,093 18,290
Second Year 31,964 34,202 26,967 28,855
Third Year 38,713 41,422 31,525 33,732
Fourth Year 40,330 43,153 36,083 38,609
Fifth Year 42,115 45,063 42,115 45,063/
below:
Position
Patrolman
52,493 48,125 52,493
Sergeant 48,125
Lieutenant 53,985
Section 2. - Detective Duty.
59,014 53,985 59,014
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 forth in this Section, which additional s~laries
shall not, however, be included in such employee's salary for
purposes of determining longevity pursuant to Article IX hereof.
(a) During the terms of this Agreement:
(i)
(i±)
The annual su~ of five hundred
($500.00) dollars during the
first year of such assignment.
The annual stun of one thousand
($1,000.00) dollars during the
second year of such assigrnment.
15
'(iii)
The annual sum of one thousand
six hundred ($1,600.00) dollars
during the third and subsequent
years of such assignment.
Section 3. - Tour Differentia].
Effective January 1, 1989 a $2,200.00
per annum amount as a tou~ differential
shall be granted each employee who works
three (3) toUrs around the clock or a
steady night tour.
(b.)
Effective January 1, 1990 a $2,600.00
pe~ 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, 1989 a $I,000.06
per arglum amount as a tour differential
shall be granted each employee who works
two (2) rotating tours of duty.
(d)
Effective January 1, 1990 a $1,200.00
per annu~ amount as a tour differential
shall be granted each employee who works
two (2) rotating tours of duty.
(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 or 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.
ARTICLE IX
Lonqevit¥ Pay
Section 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 increase
of five (5%) percent.
16
(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.
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.
ARTICLE X
College Credit
Section 1. Employees shall receive additional
. compensation based upon successful completion of police science
courses qualifying for credit toward an Associate Degree in
police science in an accredited college or university as follows:
(a)
Such employee's successfully comple-
ting thirty (30) credit hours shall
receiv~ a salary increase of one (1%)
percent of base salary.
(b)
.Such employees who have received an
Associate Degree in police science
shall receive a salary increase of
two (2~) percent of base salary.
(c)
An employee requesting additional
compensation as provided in this Section
present to the Supervisor a letter or
certificate executed by an official of
the college or university as proof of
his eligibility therefor. Additional
compensation shall commence on the
first day of the month after which the
employee becomes eligible therefor.
17
ARTICLE XI
Hospitalization
Section 1. The Town agrees to make available to the
employee the group health and Blue Cross health insurance plans
provided by the State of New York, whichever each employee
desires. The Town shall pay one hundred (100%) percent of the
premium appllcable to benefits afforded to both the employee and
his dependents. 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.
ARTICLE XII
Compensation for Court Attendance and Overtime Work
Section !. 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) t~mes 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. Proof of tLme ·
spent for Court appearances shall be certified to by the Justice
or Clerk of the Court and filed by the employee with the
Supervisor.
18
'Section 2. When an employee is required to ba on duty
beyond ~]is nol-mal tour, he shall be compensated at one and one-
half (! 1/2) times the normal rate of pay or compensatory time at
the same' rate.
Section 3. Overtime worked between January let and Ma},
3!st shali De pain on June 15th. Overtime worked between June
!st and November !5th shall be paid on December let. Any unpaid
overtime accrued from November 15tt~ to December 3tst shall be
paid on January 15th.
ARTICLE XItI
Death' of EmDlovee
Section 1. The Town agrees to continue to provide =he
death benefits p~ovided by Section 208-b of the General Municipal
Law.
Section 2. The To~n agrees that any and all benefits
to which an employee is entitled at'the time of his death shall
be paid to his estate as soon as possible after his death.
ARTICLE XIV
Benefit Plan
Whereas, after extensive negotiations in order to
arrive at this Contract, the parties were divided exclusively
the cost of dental/optical insurance benefits;
upon the issue cf
and
Whereas,
should contribute,
it was the Town's position that the employees
and it was the P;B.A.'s poe~zion thet the Town
should provide the benefit without contribution due to the
substantial erosion of health insurance benefits, and the
increased cost of co-payments by the employees, since the last
Contract; and
Whereas, upon final negotiation, the parties realized
that due to the length of the negotiations the To%rn would save
the cost and the employees would necessarily be deprived of the
enhanced dental/optical benefits regardless of contribution
during the entire first hal~ of the term of this Contract; and
Whereas, it was determined that the funds saved by the
Town as a result of the unavailability of this benefit during the
first half of the Contract term far exceeded the cost of the
proposed contribution by the employees during the entire
remaining term of this contract,
Now, therefore, it is agreed as follows:
Section 1. Effective January 1, 1990, the Town will
pay for the employees to be covered by the CSEA "employee benefit
fund" or comparable plan, during the term of this Contract.
ARTICLE XV
EmDloyer-Employee Relations and Grievance Procedure
Section 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 grievances and
working conditions and such other matters as effect the Police
Department and its employees.
20
Section 2. Any grievance arising out of the
interpretation of this Agreement shall be resolved by the
following procedure:
Step 1: .The e~ployes shall, within 'ten (10) days of an
occurrence that is alleged to have violated tl%e Contract, within
ten (10) days of his discovering said occurrence, submit his
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 ~mployee may appeal the
decision 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
satisfied with the said decision, he may request a full Town
Board hearing to be conducted within twenty (20). days of receipt
of the Police Committee decision. The full Tow~ Board hearing
shall constitute the final step.
ARTICLE XUI
DisciDline and Bill of Riqhts
Section 1. The parties hereto agree that they will
comply with the applicable provisions of law with respect to
disciplinary matters involving the employees.
21
Section 2. Ail members covered by this Agreement shall
be entitled to the protection of what shall be hereafter termed
the "Bill of Rights."
A. All charges or actions taken against an employee
covered by this Agreement which may lead to disciplinary measures
must be made in writing and singed by the Complainant.
B. The employer has established the following
procedures to govern the conduct ~nd control of internal police
investigations.
The wide ranging powers and duties given to the
Town Police Department and its members involve 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 investigation by the
employer or its designee, usually the Police Chief or other
superior officer. In an effort to ensure that these
investigations are conducted in a manner which is constructive to
good order and discipline, the following procedures shall Be
followed:
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 a~d the reassignment
of the employee to the day shift shall
be employed. If overtime, as hereinabove
defined, is incurred by reason of s~ch
interrogation, the employee shall be
given all overtime compensation as
set forth in this Agreement.
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(2)
(5)
(6)
(7)
The interrogations shall take place at a
location designated by the investigating
officer. Usually it will be att_he
command to which the investigating
officer is assigned or at police
headquarters.
If an employee is directed to leave his
post an~ report for. interrogation to
anotker location, his immediate super-
visor and the radio desk shall be
promptly notified of kis whereabouts.
The employee shall be informed of
the ra~k, 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 inte~ogation
and t~e employee shall be advised of his
right to an ~djour~ment in order to have
his counsel a~d/or Association represen-
tative present.
The employee shall be informed of the
nature of the investigation before any
interrogation commences, including the
na~e of'the complainant. The address of the
complainant and/or witnesses need not be
disclosed; however, sufficient information
to reasonably apprise the employee of the
allegations shall be urovided. If it is
known that an employee being interrogated
is the target of a criminal investigation
or a witness only, he shall be so informed
at the initial contact, or as soon as same
is known.
The questioning shall not be overly long.
Reasonable respites shall be allowed. Time
shall also be provided for personal neces-
sities, meals, telephone calls and rest
periods as are reasonably necessary.
The employee shall not be subjected to any
offensive language, nor shall he be
tkreatened with transfer, dismissal or
othe~ disciplinary punishment. No promises
of rewa/rd shall be made as an inducement
to answering questions.
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The complete interrogation of the employee
shall be recorded mechanically or by a
stenographer. All recesses called during
the questioning shall be recorded. The
employee or his counsel shall be entitled to
a copy of the tape recording and/or a transcript
of such stenographic record within a
reasonable time after suc~ interrogation.
(9)
If an employee is under ~rrest or is likely
to be,. that i~, if he is a suspect or the
target of a criminal investiqa~ion, he shall be
so informed and he given his rights pursuant to
the /4i~anda decision.
(10)
Except as provided in (9) ~mmediately
preceding, the law imposes no obligation,
legal or otherwise, on the Department to
provide an opport%ulity for an employee to
cor~mlt with counsel or anyone else when
q~estioned by a superior officer or employer
about his employment or matters relevant to
his con~in~ing.flt~ess for police service.
Revertheless, in the interest of maintaininG
the usually hiqh morale of the Police
Department, the employer shall advise the
employee and &fford an opportunity for the
employee, if he so desires, to consult with
counsel and/or with a representative of the
Association before being questioned
concerning a serious, v~$1a~ion of law or the
Rules and Procedures, p~ovided the
interrogation is not un~uly delayed.
5owever, in s~h cases, interrogation may
not be postponed for purposes of consultation
past 10:00 A.~. of the day f611owing the
notification of interrogation. The employee
shall have the riG~ to have.his counsel
and/or Association representative present to
assist him during the i~terrogation.
ARTICLE k~VII
Personnel Records
Section 1. Any employee shall be entitled to examine
his official personnel file upon making request therefor to the
Chief of Police, or other officer in charge, in his absence.
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Section 2. Upon request, any employee shall be
furnished with a copy of any material in his personnel file.
Section 3. Only one employee personnel file shall be
maintained which shall contain all material with respect to such
employee.
Section 4. No material derogatory to an employee, his
conduct, character or servioe shall be placed in his personne~
file unless he has been given an opportun±ty to examine the same
and affix his 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.
Section 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 thereof. Upon the consent of the
employee, the PBA, upon request, should be advised of the status,
progress and outcome of the matter.
ARTICLE XVIII
Amendments
Section 1. Any changes or amendments to this Agreement
shall not become effective unless the same are in writing signed
by the parties hereto.
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ARTICLE
No Strike P!ed~e
Section 2. The PBAdoes hereby affirm that it does not
assert tke right to strike against any Government nor to assist
or participate in any such strike, er to impose any obligation to
conduct, assist or participate in such a strike.
ARTICLE XX
Uniform Cleanin~ and Uniform EquiDment Allowance
Section 1. The employer agrees to pay the entire cost
of ~ cleaning of all 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.
Section 2. In .addition to the present cleaning and
maintenance program, T~REE ~UNDRED and 00/100 ($300.00) DOLLARS
shall be available each year to each employee as a uniform and
equipment allowance on a voucher system. Any ~mount needed over
T~REE HUNDRED and 00/100 ($300.00) DOLLARS shall be at the
employee's expense. Any unused annual allowance may be credited
to the next year's clothing allowance, but may not be accumulated
beyond the subsequent year.
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ARTICLE XXI
Legislative Ap~rovaI
Section 1. It is agreed by and between the pal-~ies
that any provision of this Agreement requiring legislative action
to permit its implementation by amendment of law or by providing
the additional f-~n~s therefor, shall not~ecome effective until
the appropriate legislative'body has given approval.
ARTICLE XXII
ADDortionment of Benefits
Section 1. In the event that the employment of an
employee is terminated by reason of retirement, resignation or
other cause, all benefits provided herein shall be prorated up Go
the date of such termination.
ARTICLE XXIII
Additional Compensation
Section 1. In the event an employee is entitled to
additional compensation for Court attendances, overtime work or
other purposes, the rate of such compensation shall be based upon
two hundred thirty-nine (239) d~ys.
ARTICLE XXIV
Staff Meetinqs
Section 1. 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)
27
hours each, for which no compensation shall be paid to the
employees, at which meetings police matters may be considered.
ARTICLE X]fV
Term of Aqreement
Section 1. The term of this Agreement shall be two
years to become effective on January 1, 1989 and terminate on
December 31, 1990.
IN WTTArESS WHEREOF, the parties hereto have set their
hands and seals this day of September, 1989.
(2)
SOUTHOLD TOWN P~LS~CE
BENEVOLENT~S~~ASS CI ION, LNG.
JOHN . A IVI,
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