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HomeMy WebLinkAboutFlatley, Martin RESOLUTION 2006-835 ADOPTED DOC ID: 2245 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-835 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 17, 2006: RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs Supervisor Scott Russell to execute an emplovment contract between Captain Martin Flatlev and the Town of Sonthold, subject to the approval of the Town Atlomey. E'ti~Q.Q"-~ Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Agreement made this Ilday of October, 2006 between the Town of Southold ("the Town") and Police Captain Mattin Flatley. WITNESSETH: WHEREAS, the Town desires to provide Flatley with written tenns and conditions of employment in order to enhance administrative stability and continuity within the Town, which the Town believes generally improves the quality of its overall mission; and WHEREAS, the Town and Flatley believe that written terms and conditions of employment are necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the Town; and WHEREAS, this Agreement supersedes all prior agreements between the parties; and WHEREAS, this Agreement has been discussed by the patties and said discussions and agreements have been reduced in writing in the Agreement, which cannot be, in whole or in part, amended orally by tlle parties. NOW THEREFORE, in exchange of the mutual covenants and considerations, it is agreed that the tenns and conditions of employment of Flatley in his position as Captain, shall, effective on October /32006 except as otherwise set forth herein, be as follows: SECTION I - SALARY Flatley shall receive the following annual base salary: 7% above the base salary for Lieutenant set forth in the applicable PBA collective bargaining agreement. SECTION II - LONGEVITY PAY Per PBA CBA Section 10 and 23, except that Flatley shall receive seven percent of his annual salary as longevity pay. SECTION IIl- UNIFORM CLEANING AND EOUlPMENT ALLOWANCE PerPBA CBA Section 21.1, 21.3, 21.4. SECTION IV - COLLEGE CREDIT Per PBA CBA Section II. SECTION V -GENERAL MUNICIPAL LAW SECTION 207-C Per PBA CBA Section 4, except for Section 4(i). SECTION VI - HOURS OF WORK Flatley shall work whatever hours of work are required for the efficient and professional administration of the Police Department. The minimum basic workweek shall be the same as those of the PBA members under his supervision. There shall be no maximum number of hours of work per week. Flatley is not entitled to earn, accrue or be paid for overtime or compensatory time. It is not expected that Flatley will be assigned to work the midnight shift, except in a situation involving police necessity. However, because of his duties, Flatley is required from time to time to work hours into the evening covered by night tour differential in tlre PBA CBA. Because of these requirements, Flatley will be entitled, effective AprilS, 2004, to a night differential stipend equal to that of a PBA member working a two-tour schedule as per Section 9.3(b). SECTION VII - LEA V1<:S OF ABSENCE, SICK DAYS. HOLIDAYS A. Personal Days. Per the PBA CBA, Section 7.7(a-c) and 23, except that "officer in charge" shall be amended to "Chief of Police." B. Sick Leave. Per tlre PBA CBA, Section 7.2(a-e) and 23. C. Holiday Pay. Per the PBA CBA Section 7.4(a-b) and 23. D. Bereavement Leave. Per the PBA CBA, Section 7.8. SECTION VIII - VACATIONS Per PBA CBA Section 6 and 23, except for Sections 6.4 and 6.7, and except further that Flatley is entitled to 28 working days' vacation per calendar year. SECTION IX - HOSPITALIZATION Per PBA CBA Section 12. SECTION X - BENEFIT PLAN Per PBA CBA Section 15. SECTION XI - RETIREMENT BENEFITS Per PBA eBA Section 8. -2- SECTION XII- DEATH OF EMPLOYEE Per PBA CBA Section 14. SECTION XIII- GRIEVANCE PROCEDURE Per PBA CBA Section 16, except that a "grievance" shall be defined as a perceived violation of a specific provision ofthis Agreement, and except further that Step 3 shall not apply. SECTION XIV - GENERAL PROVISIONS A. Defense and Indemnification. The Town agrees to provide legal counsel, either the Town Attorney or special counsel, to defend Flatley in any action arising out of an assault on Flatley on Town business, and the Town hereby agrees to defend, indemnify and hold Flatley harmless for any and all acts performed for the Town, its agents and employees, provided that Flatley was acting within the scope of his employment. In the event Flatley is appointed, authorized or directed by the Town or one of its agencies to represent it as a member of the board of directors of an organization or agency, then he shall be covered by the provisions of Public Officers Law Section 18 and Town Code Chapter 8 pertaining to the defense and indemnification of officers and employees of public entities, provided Flatley is otherwise eligible for coverage pursuant to the terms of those provisions. B. Vehicle. A Town-owned vehicle will be supplied, maintained and fueled by the Town and assigned to Flatley for his business use. The use of the vehicle will be consistent with Police Department guidelines and policies. C. Ethics Disclosure. Per PBA CBA Section 26. D. Recognition. The Town recognizes that Flatley may be represented by representatives of his own choosing, pursuant to any applicable provisions of law. SECTION XV -TERM OF AGREEMENT This Agreement shall be effective October ~006 and terminate on December 31, 2007, provided that this Agreement shall imm~lely terminate upon Flatley's separation from employment with the Town. During the term of this Agreement and upon the request of either Flatley or the Town, the other may agree to reopen this Agreement for further discussions. SECTION XVI - EFFECT OF AGREEMENT There are no oral agreements that modify the terms of the Agreement. Any future modifications to this Agreement must be written and signed by the Town and Flatley. -3- \ IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement on the day and year stated above. A-