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HomeMy WebLinkAboutPBA Contacts9 20 06 AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION JANUARY 1 2006 DECEMBER 31 2009 9 20 06 TABLE OF CONTENTS SUBJECT SECTION PAGE Additional Compensation 24 24 Amendments 19 23 Apportionment of Benefits 23 24 Benefit Plan 15 19 Canine Unit 27 24 College Credit 11 17 Compensation for Court Attendance and Overtime Work 13 18 Compensation Injured Employees 4 2 Death of Employee 14 19 Discipline and Bill ofRights 17 20 Employer Employee Relations and Grievance Procedure 16 20 Ethics Disclosure 26 24 Hospitalization 12 18 Leave of Absence Sick Days Child Care and Holidays 7 10 Legislative Approval 22 23 Longevity Pay 10 16 Management Rights 2 I No Strike Pledge 20 23 11 9 20 06 Notice ofPromotions 5 8 Personnel Records 18 22 Protection of Employees 3 2 Recognition 1 I Retirement Benefits 8 14 Salaries 9 15 StaffMeetings 25 24 Term of Agreement 28 24 Uniform Cleaning 21 23 Vacations 6 8 111 920 06 THIS AGREEMENT made this 18th day of July 2006 by and between the TOWN OF SOUTHOLD a municipal corporation ofthe State of New York the Town and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION INC a membership corporation of the State of New York the PBA or Association WITNE SETH 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 written 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 Town Police Department including all police officers sergeants lieutenants and detectives excluding the Chief ofPolice and the Captain and all other employees hereinafter referred to as employees NOW THEREFORE the parties hereby agree as follows SECTION I RECOGNITION 1 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 and b to membership dues deduction upon presentation of dues deduction authorization cards signed by individual employees SECTION 2 MANAGEMENT RIGHTS 2 1 Not contrary or inconsistent with the terms ofthis Agreement or Civil Service Law the Town reserves the right to determine the standards oflaw enforcement and related services to be offered by its Police Department to set the standards of selection for employment to direct its employees to regulate work schedules to take disciplinary action to abolish positions to maintain the efficiency of governmental operations to determine the content ofjob classifications subject to Civil Service Commission approval to take all necessary actions to carry out its mission in emergencies and to exercise control and direction over its organization and technology of performing its work 920 06 SECTION 3 PROTECTION OF EMPLOYEES 3 1 Seniority a Seniority 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 Department shall receive credit for purposes of seniority for continuous time served in such other police departments in Suffolk County b Seniority is determined first by rank second by continuous service in rank third by date of appointment to previous rank or ranks fourth by the date of appointment to Department any Member who has been transferred from another police force within Suffolk County shall for the purpose of determining seniority be credited with such prior service fifth by highest score Ou the civil service list from which appointments were mllde at the time of the initial appointment examination sixth by age older Member is senior and seventh alphabetically by surname 3 2 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 ofthe Town 33 Seasonal Police Officers a The Chief ofPolice or hisher designee shall have the right to deploy Certified Seasonal Police Officers who are actually on duty to perform functions other then actual sector assignments that are deemed necessary by the Chief of Police or his her designee b Notwithstanding the above Seasonal Police Officers may be used for all other assignments including sector assignments when the full time compliment of Police Officers is depleted due to court appearances medical absence or vacations or in emergency conditions when the full time compliment of Police Officers is insufficient to insure adequate protection of life and property SECTION 4 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 employee s doctor related to their injury Except as provided in subparagraphs b through h the employee shall receive full salary including all compensation entitlements during the period of disability or until eligible for a disability pension or death whichever shall first occur Any sums received by the employee 2 9 20 06 under the provisions of the Workers Compensation Law for lost earnings as result of the injury shall be paid by such employee to the Town b In the event a certified physician selected by the Town finds the disabled employee fit to return to duty it is the responsibility of the employee to do so c Failure on the part ofthe employee to return to duty after being notified that he she has been found fit to perform hisher police duties it is then incumbent upon the employee to request a 207 c hearing pursuant to General Municipal Law d When an employee requests a 207 c hearing then he she must utilize all of hisher own accrued leave entitlements if the employee wishes to remain in a leave with pay status pending the resolution of the 207 c Hearing Officer s recommendations In the event no such leave entitlements exi i the employee will be placed in a no pay status pending the resolution ofthe 207 c hearing e Regardless of whether they are in a paid leave or no pay status the only benefit the employees may receive is holiday compensation f The Hearing Officer at the conclusion ofthe 207 c hearing shall as soon as reasonably possible forward hisher 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 hisher accrued leave bank shall be restored This shall also include holiday and night shift differential if the 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 1 General Municipal Law Section 207 c Effective August 8 2006 This procedure is intended to regulate the application for and the award and or termination of benefits under Section 207 c of the General Municipal Law nGML 207 cn It shall operate as a waiver of any other procedural rights the Town or the Association andor its employees may have pursuant to GML 207 c regarding the application for and the award andor termination of benefits under GML 207 c including the right to utilize any other forum to seek redress regarding the subject matter set forth herein Nothing contained herein though should be construed as limiting the power of a party to challenge a decision as provided herein pursuant to C P LR Article 75 Any future changes enacted by the State in the provisions ofGML 207 c 3 920 06 that conflict with an explicit provision of this procedure shall supersede the preexisting provision of this procedure I APPLICATION FOR BENEFITS 1 Employees shall within 48 hours of the occurrence or within 48 hours of when the employee should reasonably have known of the occurrence report to the Chief or senior ranking officer on duty any injury or sickness injury to themselves no matter how slight The notification application shall be made on the Department s existing employee injury report form 2 An application shall be deemed untimely unless it is filed on a timely basis in accordance with this procedure Except as set forth in the next sentence an employee s failure to comply with these reportil1g obligations shall result in the denial of an application lor benefits under this procedure In the event these requirements cannot be met due to i the employee s physical or mental incapacity ii an unforeseeable emergency or iii any other situation which the Chief in hisber sole discretion finds acceptable these requirements shall be met within 96 hours of the Employee s ability to do so or such other time as is set by the Chief in hisber sole discretion In these circumstances the Association or a member ofthe employee s immediate family may file the application on the employee s behalf provided same is accomplished on a timely basis 3 In addition an injury report shall be completed by the Chief or highest ranking officer on duty and filed in the Chiefs Office by the end ofthe next regular business day following the occurrence II INITIAL APPLICATION FOR GML 207 c BENEFITS 1 The Chief or designee the Chief shall have exclusive authority to initially determine the employee s eligibility for benefits under GML 207 c The Chief shall have the authority to conduct a full investigation of the facts concerning the application 2 After filing the application the employee shall submit to one or more medical examinations or inspections examinations as provided by law The employee shall cooperate fully with the designated physician This shall include but not be limited to promptly forwarding to the Chief and the Town Attorney s Office and designated physician all reports data records and other information related to the employee s injury Failure to cooperate may result in information being disregarded or excluded by the Town or the arbitrator 3 The employee shall along with the application for GML 207 c benefits complete sign and submit to the Town any medical release forms requested by the Town utilizing the existing Department form 4 9 20 06 4 The Employee shall fully cooperate with the Town s designated physician This shall include but not be limited to forwarding to the Town s designated physician all reports data records and other information related to the employee s injury 5 Any reports submitted by either the Town s designated or the employee s doctor other health care provider health care provider s shall include the following information a the exact date s that the health care provider examined the employee regarding the injury b an explanation ofwhat the examination consisted c diagnosis d causation and the basis for that belief e treatment modalities f what duties if any the employee cannot perform and for how long and g whether any or all of the duties the employee cannot perform could be performed with an accommodation s and if so what the accommodation s is are The failure to provide information as specified in this paragraph may result in the health provider s report being disregarded or excluded by the 70wn or the arbitrator 6 The Town shall render a written decision on the application for benefits within 60 calendar days after receipt of the application A copy ofthe decision will be mailed to the employee by regular and certified mail return receipt requested at the address specified in the application A copy shall also be delivered to the Accounting and Town Attorney s Offices The failure to issue a decision in accordance with this time limit shall result in the employee being placed on GML 207 c status 7 While a final decision as set forth in this GML 207 c procedure is pending time off alleged to be attributable to the injury giving rise to the claim for GML 207 c benefits shall be charged based on the Department s initial determination Regardless of whether the employee is in a paid utilizing hisher accrued time leave or no pay status the only benefit the employee shall receive during the pendency ofthe process is holiday compensation 8 If the decision is that the employee is eligible for GML 207 c benefits then the employee shall be so categorized and any time offtaken due to the injury or sickness shall be charged to GML 207 c leave subject to the provisions of Section V below The employee s GML 207 c benefits shall continue as long as the employee remains eligible 9 In the event the employee is not satisfied with the Town s decision and wishes to appeal it the Town s and the employee s physician will agree upon a neutral third party physician who shall promptly examine the employee and render a report as required in 5 That report shall be promptly forwarded to the employee Accounting and Town Attorney s Offices for their review It shall be admissible in evidence although not given preclusive effect at any subsequent stage ofthis procedure 10 In the event that the neutral third party physician s report does not satisfactorily resolve the parties dispute because that the employee is not satisfied with the Town s decision 5 920 06 and wishes to appeal it the employee shall file with the Town within five calendar days of receipt of the decision a written demand for arbitration on the GML 207 c claim The Employee shall be deemed to have forfeited GML Section 207 c benefits if the Employee fails to do so in a timely manner The parties to the arbitration shall be the Town and the employee There shall be a single arbitrator the arbitrator who shall be selected in accordance with New York State PERB s Labor Arbitration Rules All costs billed by the Arbitrator shall be borne equally by the Town and the employee All other costs shall be paid by the party incurring them e g witnesses exhibits transcripts etc 11 The Arbitrator shall have the authority to decide whether the Town s denial of the claim of entitlement to GML 207 c benefits was arbitrary and capricious He or she shall have authority to consider and decide all allegations and defenses made with regard to the GML 207 c claim In the event of a dispute between the parties as to the nature of the proceeding the Arbitrator shall first decide whether th proceeding represents an issue of an applicant s initial entitlement to GML 207 c benefits or whether the proceeding presents a different issue that should be decided in a different proceeding as outlined below The burdens of production and proofby a preponderance of the evidence shall be upon the employee except for hearings involving Section N where the burdens of production and proof shall be upon the Town 12 The Arbitrator shall have no right to amend modifY nullifY ignore add to or subtract from the provisions of this procedure the Collective Bargaining Agreement and the rules The Arbitrator shall have no authority to make a decision on any issue not submitted or raised by the parties Should the Arbitrator find in favor of the employee then all leave entitlements utilized from hislher accrued leave bank shall be restored This shall also include holiday and night shift differential if the employee is eligible to receive same 13 The decision and award ofthe Arbitrator shall be final and binding on the parties III ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY 1 In the event that the employee or the Department alleges that an injury is a recurrence or aggravation of a prior injury the procedures set forth in Section II shall be implemented 2 The employee shall submit to the Town Attorney s Office and Accounting Office any previously unsubmitted health care provider s report s upon which the employee intends to rely at the hearing immediately upon receiving same from the care provider If a direct causal relationship is found between the alleged recurrence or aggravation of a prior injury and the prior injury which was designated by the Town as a GML 207 c injury then the application shall be granted provided the Arbitrator otherwise finds the employee entitled to GML 207 c benefits as set forth in Section II If no such relationship is found then the claim shall be treated as an initial injury and the matter shall be processed pursuant to Section II 6 920 06 IV TERMINATION OF BENEFITSRETURN TO DUTY 1 The Town may review cases of employees receiving GML 207 c benefits for the purpose of determining whether the employee continues to be entitled to those benefits and in furtherance thereofmay take action as is appropriate under the law 2 Any employee who is receiving benefits under GML 207 c continues to be subject to rules and regulations of the Department 3 Upon receipt of a certification from the Town designated physician that an employee is able to perform some or all of the duties of his or her position or upon receiving information wherein the Department asserts that the employee is no longer eligible for 207 c benefits the Town shall notify the employee of same by serving a written notice ofproposed termination setting forth the effective date thereof and a copy of the physician s certification upon the employee by regular mail and certified mail return receipt requested The effective date may be no sooner than 48 hours after notification A copy shall also be delivered to the Accounting Department and the Town Attorney 4 Ifthe employee disagrees with the Town s determination he or she shall commence an appeal pursuant to the procedures outlined in Section II 10 While pending the employee shall remain on GML 207 c status However if more than 60 calendar days elapse from the effective date ofthe Town s notification to the employee and the final resolution of the dispute any time in excess of the 60 day period shall be charged against the employee s accrued leave time except that ifthe employee in good faith indicates that he she is ready willing and able to go forward on a day or days agreed upon by the arbitrator and counsel for the employee and Town and in fact goes forward and presents hislher case within that 60 day period or a scheduled arbitration hearing is adjourned at the request of the Town or the arbitrator than the 60 day period shall be extended to 90 days Regardless of whether the employee is in a paid leave or no pay status the only benefit the employee shall receive during the pendency ofthe hearing process is holiday compensation In the event that the employee s GML 207 c status is confirmed when the matter is finally resolved any leave time used as a result of the operation of this provision shall be recredited to the employee 5 Any arbitrator selected to hear a case under this Section must agree to hear the case within 30 days ofthe date of selection and render an opinion within 30 days thereafter V OTHER PROVISIONS 1 In the event that any portion ofthis procedure is invalidated by adecision of a tribunal of competent jurisdiction then that portion shall be of no force and effect but the remainder ofthis procedure shall continue in full force and effect In this event either the Association or the Town 7 920 06 shall have the right immediately to reopen negotiations with respect to a substitute for the invalidated portion 2 An employee may have an attorney of his or her choice or an employee of the Department as his or her representative at any stage of this procedure provided there is no unreasonable delay 3 Evidence pertaining to an employee s application for benefits pursuant to the Workers Compensation Law including whether the application was controverted granted or denied shall not be given any preclusive effect in any stage of this procedure but shall be admissible as evidence to be given the weight deemed appropriate by the Arbitrator 4 This procedure shall take effect on August 8 2006 and shall apply to any claim of ntitlement to or use of GML 207 c benefits made after hat date In the event a proposed new utilization of GML 207 c benefits after this date is based on an injury that allegedly occurred prior to August 8 2006 the employee shall comply with the terms of Section III of this procedure within 30 days after the date of the new injury After the filing ofthe application form the claim for utilization ofGML 207 c based on a pre August 8 2006 injury shall be decided in accordance with Section Ill SECTION 5 NOTICE OF PROMOTIONS 5 1 Notice of all promotional positions within the PBA unit shall be posted on available bulletin boards at Police Headquarters and all employees shall be given an opportunity to make application for the positions 5 2 An employee who is scheduled to take a Town police related departmental promotional examination shall be entitled to eight consecutive hours off duty prior to the scheduled time of the examination provided a That the officer is scheduled for the tour immediately prior to the time of commencement of the examination b The off duty time shall be with pay SECTION 6 VACATIONS 6 1 The Town has adopted the following vacation schedule a Start through first year five 5 working days b Second through fifth year sixteen 16 working days 8 920 06 c Sixth through tenth year nineteen 19 working days d Eleventh through fifteenth year twenty two 22 working days e Sixteenth through twentieth year twenty eight 28 working days 6 2 Members shall not be entitled to accumulate more than fifty percent 50 of their unused 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 in which payment is to be made with the exception of the last year of work prior tel retirement when no notice is required Notwithstanding the above however a member shall only be allowed to carry over a maximum of eight 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 of those days to the following year s schedule Under no circumstances shall a member be entitled to actually take more vacation days than is provided for in Section 5 1 a through 5 1 e above with the exception that amember may add an additional eight days from the previous year For example a member may not take more than 24 actual vacation days in hisher second through fifth year 27 in hisher sixth through tenth 30 in hisher eleventh through fifteenth and 35 in hisher sixteenth through twentieth 6 3 Employees who so desire may volunteer to work if acceptable to the Department during their annual vacations This work will be compensated at straight time unless an employee works in excess of eight hours Volunteers may be assigned to any normal police duties 64 An employee iftransferred not by choice from one squad to another shall have the right to maintain hisher previously selected vacation 65 If any employee is on hisher 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 days vacation time The employee shall also be paid for hisher necessary travel expenses incurred in returning to active duty 6 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 hisher 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 9 9 20 06 6 7 Employees with more than one year of service in the Department shall be permitted to divide their vacation time into a maximum of 10 one 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 day segments shall be scheduled on the basis of seniority in the following manner a First selection on the basis of seniority within rank 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 employees who have elected to divide their vacation time shall make a second selection based on seniority within rank 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 oftheir vacation shall be taken based on seniority within rank d Two sergeants may take their vacation at the same time provided that this is approved by the Chief or officer in charge and further provided that it does not result in overtime being paid to other members of the Department e One employee from each squad may be on vacation at the same time 6 8 Between Memorial Day and Labor Day an employee s total vacation picks may not exceed seven days This shall not in any way affect an employee s ability to request and take single vacation days during this same period SECTION 7 LEAVE OF ABSENCE SICK DAYS CHILD CARE AND HOLIDAYS 7 1 Leave of absence without pay shall be granted to employees in accordance with the provisions of Rule 18 of the Rules ofClassified Civil Service of Suffolk County and the provisions of Section 243 ofthe Military Law ofthe State of New York 7 2 a All employees shall be entitled to 15 sick days in each calendar year Unused sick leave may be accumulated up to a maximum of 300 days Upon retirement each employee shall be entitled to be compensated for the value of 100 percent of the first 200 days of hisher accumulated unused sick leave or any portion thereof Additionally an employee shall be entitled to receive payment for an additional 40 unused sick days beyond the 200 day maximum at the rate of one day ofpay for each two days of unused sick leave For all employees hired on or after August 8 2006 sick leave shall be earned at the rate of one day per completed calendar month of service to a maximum of 280 days Unused sick leave shall be paid for the first 40 days and additional payment shall be made at the rate of one day ofeach three accumulated over 10 9 20 06 40 up to a maximum total payment of 120 days The Town Board shall be the option to pay the same to the employee either in a lump sum payment at the time ofthe employee s retirement or in regular payroll payments immediately prior to retirement 7 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 thereofto be paid by the Town 7 2 c When an employee due to illness fails to complete a tour of duty the remaining amount of time left in that tour shall be deducted from the employee s sick leave 7 2 d An employee may use up to five days sick leave per calendar year in the event that an employee s spouse or immediate family living in the household cannot take care ofhimlherself or take care ofthe childreIlofthe employee for which the employee has the responibility of a parent or guardian To be entitled to leave the employee must furnish proof of incapacitating illness and of the employee s responsibility as a parent or guardian 7 2 e An employee may receive payment during the month of December for up to three unused sick leave days if the employee submits a request in writing to the Town by on or before November 15 ofthat year 7 3 An employee shall be granted a leave of absence not exceeding two years without pay for a child care leave attendant to either the birth of a child or the adoption of a child under the age of five The employee upon the expiration of the period of leave of absence shall be restored to the same or comparable position of employment if available The Town shall continue the employee s major medicalhospitalization benefits for a period of three months beyond normal entitlements during the leave Thereafter at the option ofthe employee the employee shall be entitled to continue the benefits at the employee s own expense 74 a Each employee shall be entitled to receive equivalent time off or receive compensation in lieu of the equivalent time off for the following holidays whether or not such employee was required to report for duty on such days New Year s Day Martin Luther King JI Day Lincoln s Birthday Washington s Birthday Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veteran s Day Thanksgiving Day Christmas Day 74 b Employees who actually work on a designated holiday shall receive four hours of additional compensation for working that particular holiday 7 5 For the purpose of implementing the provisions of Section 74 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 1 st of each year the Police Department shall prepare and submit to the Supervisor a schedule indicating the total number ofholidays that each 11 920 06 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 the employee On or before December 15th of such year the Town 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 hisher final payroll check an amount equivalent to the compensation received for the holiday 7 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 in hisher discretion approve for the purpose of attending business affairs 7 7 a Employees shall be entitled to four effective January 1 2007 five days personal leave of absence with pay each year starting on the officer s anniversary date for the purpose 01 attending to personal matters provided that the time of taking the leave shall be approved by the officer in charge 7 7 b If an employee submits hisher request for a personal day at least five days prior to that day no reason for the leave shall be required 7 7 c If the request is received fewer than five days prior to the requested day the reason justifying the need for the personal day shall be submitted However permission for a personal leave day shall not be withheld ifthere are adequate personnel available to fulfill the staffing needs ofthe Department 7 8 An employee on application of hisher commanding officer shall be granted four continuous days including scheduled days off with full pay in case of death in hisher 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 working day off to attend the funeral of his her 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 ifthe 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 7 9 The PBA President shall be entitled to 18 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 Effective January 1 2007 18 days shall be changed to 25 days These additional days may not be taken on the same day as any other released time granted pursuant to this paragraph If for whatever reason the President is unable to attend these 12 9 20 06 functions he she may delegate the Vice President or the Secretary Treasurer as the President s representative The Suffolk County Police Conference Director shall be entitled to three paid leave days per year to attend the various conference functions The Chief shall continue to have the right to deny a request for paid leave days due to Departmental needs 7 10 The PBA shall designate a maximum of two of its members in advance to attend any formal negotiation session with the Town or its representative In the event any designated member is scheduled to work on the calendar day of the schedule negotiating session the member shall be excused from hisher tour of duty 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 representatives attending and or participating in any negotiating session but shall only limit those being paid during their attendance For purposes of this section the calendar day shall include the day before a midnight tour or the day after the midnight tour 7 11 a The existing duty chart ofthree rotating tours of duty i e 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 paid leave days RDO s per cycle on a seniority basis within the Southold Police Department A cycle shall be defined as one complete set of three tour rotations The duty chart shall be 239 days per year Personnel appointment after January 30 1996 for the first two years of their employment only shall work 260 days per year The parties shall continue their negotiations about the Town s proposals for a new duty chart s including the hours of work A committee shall be established for the purpose of doing so composed of no more than three representatives designated by the Town and three representatives designated by the PBA It is understood that criteria and other matters that are not terms and conditions of employment shall not be subject to the jurisdiction ofthis committee The committee s results are subject to bilateral written agreement ratification and approval Nothing contained in this paragraph nor any action or inaction ofthe committee nor any statements made in committee meetings shall be subject to the grievance procedure or to any PERB or court proceeding 7 11 b At the discretion of the Chief of Police a new patrol squad of full time police officers maybe established to work two rotating tours i e 8 00 A M to 4 00 P M 4 00 P M to 12 Midnight The assignment of officers to this squad shall be as follows Not fewer than one half of the squad members who volunteer for the assignment shall be assigned by seniority provided they meet or exceed the performance standards and qualifications set by the Chief The remaining assignments shall be made by the Chief utilizing the same criteria A member may be removed from this assignment if deemed as not meeting either or both ofthese criteria In this event the employee may request a review by a four member labor management committee consisting of the Chief of Police and hisher designee along with the PBA President and hisher designee which shall meet upon written request to monitor discuss the matters pertaining to this new squad The Town and PBA may agree in writing at any time upon any additional terms and conditions of a new patrol squad tour shift established by the Chief pursuant to this paragraph 13 920106 7 12 The Town shall have the option of assigning personnel to a split shift in accordance with this section The split shift shall be of one continuous eight hour period spanning the late evening to the early morning hours Personnel for the split shift shall be reassigned from the 12 to 8 shift An employee shall be notified and assigned to the split shift at least one 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 12 to 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 payor change of tour compensation otherwise payable 7 13 Police Officers shall be permitted to switch tours of duty provided that it a is approved in writing by the Chief ur designee b does not result in any increased costs to the Town c does not disrupt normal police operations 7 14 Insofar as its practicable any change in relief officer scheduling will be done in writing no less than 96 hours in advance of the change and insofar as is practicable the relief officer shall receive hisher work schedule not less than 10 days prior to the end of the previous month SECTION 8 RETIREMENT BENEFITS 8 1 The Town has made the provisions of Section 384 d of the Retirement and Social Security Law optional twenty year retirement plan New York State Retirement Plan Section 375 i Section 384 subdivision f and g of the Retirement and Social Security Law 1I60th increased pension Section 384 subdivision e of the Retirement and Social Security Law 1I60th Bill 1989 Session Laws Chapter 453 and Chapter 950 ofthe Laws of 1970 twelve 12 months final average salary applicable to the employees and taken the appropriate action to assume the additional cost thereof 8 2 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 This notification must be no less than 45 days prior to the date of the adoption of the budget but in no event later than October 1 st The retiree shall receive the monies due under Section 7 2 a provided that the required notice was given If notice was not given the payment will not be lost but shall become payable 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 may be waived by the Town in its sole discretion In the event of severe health or personal problems of an employee these requirements shall not apply In the event of death the notice requirements 14 9120 06 shall not apply and the payment involved shall be made to the person or persons entitled thereto as soon after death as is possible 83 At the Chiefs discretion which shall not be unreasonably withheld the Town agrees to allow retiring employees to keep their issued service weapon at no cost to the officer SECTION 9 SALARIES 9 1 All newly hired Police Officers who have been certified by the Suffolk County Civil Service Commission or who may have previously been employed in another New York 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 Service 1 106 1 107 11 08 1 1 09 First Year 35 475 36 894 38 370 39 905 Second Year 55 970 58 209 60 537 62 958 Third Year 65430 68 047 70 769 73 600 Fourth Year 74 888 77 884 80 999 84 239 Fifth Year 87408 90 904 94 540 98 322 Sergeant Salary Rate 102 786 106 897 111 173 115 620 Lieutenant Salary 115 570 120 193 125 001 130 001 Rate 9 2 Detective Duty Employees assigned to detective duty shall be paid additional salaries during the period oftheir 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 10 a During the term ofthis Agreement i The annual sum of seven hundred 700 00 dollars during the first year of such assignment 15 9 20 06 ii The annual sum of one thousand two hundred 1 200 00 dollars during the second year of such assignment iii The annual sum of one thousand eight hundred 1 800 00 dollars during the third year of such assignment iv An annual sum ofthree thousand four hundred and fifty 3 450 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 1 5 hours straight time for every eight hours on call If during the assigned period the detective is called to duty he she shall forego compensation under this Section and be compensated consistent with Section 13 1 93 Tour Differential a A 3 950 per annum amount as a tour differential shall be granted each employee who works three tours around the clock or a steady night tour Effective January I 2007 this per annum shall become 4 050 b A 2 360 per annum amount as atour differential shall be granted each employee who works two rotating tours of duty Effective January I 2007 this per annum amount shall become 2460 c If an employee who is not normally scheduled to work three rotating tours of duty should over the course of the calendar year work 20 of his her tours between 12 00 A M and 8 00 A M the employee shall be entitled to full tour differential instead of partial differential 94 DARE Stipend A Police Officer assigned as the D A R E instructor shall receive a yearly stipend of I OOO This stipend is not available to detectives or superior officers SECTION 10 LONGEVITY PAY 101 Employees hired prior to January I 1997 to be changed to All employees effective January 1 2007 shall receive additional compensation based upon length of service as follows a Employees with at least 10 years but less than 15 years of service shall receive a salary increase of 5 16 9 20 06 b Employees with at least 15 years but less than 18 years of service shall receive a salary increase of6 c Employees with 18 or more years of service shall receive a salary increase of7 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 10 2 Employees hired on or after January 1 1997 shall receive additional compensation based upon length of service as follows a Employees with at least 10 years but less than 15 years of service shall receive a flat dollar amount of 2 500 b Employees with at least 15 years but less than 18 years of service shall receive a flat dollar amount of 3 000 c Employees with 18 years or more years of service shall receive a flat dollar amount of 3 500 d This section shall be deleted effective January I 2007 SECTION II COLLEGE CREDIT 11 1 Employees shall receive additional compensation based upon successful completion of police science sources qualifying for credit toward an Associate Degree in police science in an accredited college or university as follows a An employee successfully completing 30 hours shall receive a salary increase of I of base salary b An employee who has received an Associate Degree in Police Science shall receive a salary increase of2 of base salary c An employee requesting additional compensation as provided in this Section shall present to the Supervisor 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 ofthe month after which the employee becomes eligible 17 920 06 SECTION 12 HOSPITALIZATION 12 1 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 100 ofthe premium applicable to benefits afforded to both the employee and hisher dependents In the event of an employee s death the Town will pay the present hospitalization for a period of one year or for the remaining term of this contract whichever is longer after the death on behalf ofthe deceased s family 12 2 Health Insurance Declination Bonus Employees may opt out ofthe health insurance program in whole or in part for a full year by completing the appropriate form furnished by the Town An employee opting out of the health insurance program in whole or in part shall be paid 50 ofthe premium savings provided the employee maintains the employee s waiver remains out for a full year Payments shall be subject to all usual payroll deductions and shall be made on or about December 15 vf each year Employees electing to waive coverage must do so by filing their forms no later than November 30 in any year with the provisions ofthis section taking effect on the next January 1 Once awaiver form has been filed with the Town the waver shall continue to be in effect from year to year thereafter until the employee elects to reenroll and the employee shall be entitled to the applicable payment for waiver for each full year his or her waiver is in effect It is understood that once an employee has waived coverage for a particular year the employee may not reinstate coverage for that year except in the event of an emergency causing the loss of insurance through another source and consistent with the rules and regulations of the Town s flexible spending plan and applicable laws and regulations Emergency shall include loss of employment or termination of insurance for a spouse whose employer had provided the alternative insurance Emergency shall not include the change of any such alternative insurance from a noncontributory to a contributory plan or the voluntary declination of the spouse of insurance offered by the spouse s employer Reinstatement of coverage for the succeeding year may be made by notifYing the Town in writing no later than November 30 to be effective the succeeding fiscal year This deadline shall not apply to emergency reinstatement of insurance as provided for in the above paragraph but the reinstatement shall be subject to whatever requirements or deadlines are imposed by the State health insurance program If reinstatement occurs during a waived year due to emergency the employee will repay pro rata any amount already forwarded to the employee in return for the waiver by payroll deduction SECTION 13 COMPENSATION FOR COURT ATTENDANCE AND OVERTIME WORK 131 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 hisher normal time off the 18 9 20 06 employee shall be compensated at the rate of 1 Yz times the normal rate of salary or at the option of the employee shall be given compensatory time offat the same rate Employees when required to perform duty as provided in this Section shall receive a minimum of four hours compensation at their normal rate of salary Proof oftime spent for Court appearances shall be certified to the Justice or Clerk of the Court and filed by the employee with the Supervisor 13 2 When an employee is required to be on duty beyond hisher normal tour he she shall be compensated at one and one half times the normal rate of payor compensatory time at the same rate 13 3 Overtime worked between January 1st and May 31st shall be paid on June 15th Overtime worked between June 1st and November 15th shall be paid on December I st Any unpaid overtime accrued from November 15th to December 31st shall be paid on January 15th 134 Effective as soon as is practicable following August 8 2006 a request for payment for overtime is to be submitted as part of a timely submitted biweekly time sheet and shall be paid as part of the next bi weekly paycheck SECTION 14 DEATH OF EMPLOYEE 141 The Town agrees to continue to provide the death benefits provided by Section 208 b of the General Municipal Law 142 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 hisher estate as soon as possible after hisher death SECTION 15 BENEFIT PLAN 15 1 Dental Opticallnsurance Benefits The Town shall provide the Employees with the CSEA Package 7 Benefit Plan that is provided for CSEA unit members pursuant to the same terms conditions and contribution levels if any as exist from time to time for those members 15 2 AFLAC Effective as soon as is practical following August 8 2006 the Town shall provide unit members with voluntary payroll deduction options for the Aflac Personal Cancer Plan Policy and the Aflac Personal Accident Expense Policy at no cost to the Town Prior to availing himherself of an Aflac payroll deduction benefit the employee must execute an agreement prepared by the Town pursuant to which the employee shall agree to indemnify and save and hold harmless the Town and any of its employees representatives and or officers collectively employees against 19 920106 any and all claims demands suits or other forms of liability that may arise out of or by reason of any action taken or not taken by the Town or any of its employees for the purpose of complying with this provision SECTION 16 EMPLOYER EMPLOYEE RELATIONS AND GRIEVANCE PROCEDURE 16 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 other matters as affect the Department and its employees 16 2 Any non disciplinary grievance arising out of the interpretation of this Agreement shall be resolved by the following procedure Step I The employee shall within 10 dayi of an occurrence that is alleged to have violated the Agreement within 10 days of his her discovering the occurrence submit hisher grievance in writing to the Chief of Police The Chief of Police shall issue a written reply to said grievance within 10 days of its receipt The employee shall have the right to proceed to the next Step in the event that a timely decision is not rendered Step 2 Within 10 days of receipt of the Chiefs written reply or within 10 days of the date on which the reply should have been issued the employee may appeal to the Police Commissioner Failure to appeal on a timely basis shall be deemed to be a withdrawal ofthe grievance The Police Commissioner shall consider the grievance and issue a written reply within 10 working days ofreceipt of the appeal Step 3 In the event that the PBA is not satisfied with the Step 2 decision or in the event that a Step 2 decision is not timely rendered the PBA may submit the grievance to binding arbitration by filing a request for same on written notice to the Town Attorney s office within 10 working days Failure to appeal on a timely basis shall be deemed to be a withdrawal of the grievance The arbitrator shall be selected by and the hearing conducted pursuant to PERB s arbitration rules SECTION 17 DISCIPLINE AND BILL OF RIGHTS 17 1 The parties agree that they will comply with the applicable provisions oflaw with respect to disciplinary matters involving the employees 17 2 All 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 signed by the Complainant 20 9 20 06 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 corne 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 insure that these investigations are conducted in a mannerwhich is constructive to good order and discipline the following procedures shall be followed I 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 tht day time and the reassignment of the employee to the day shift shall 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 this Agreement 2 The interrogation shall take place 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 Headquarters 3 If an employee is directed to leave his post and report for interrogation to another location hisher immediate supervisor and the radio desk shall be promptly notified ofhis whereabouts 4 The employee shall be informed of the rank name and command ofthe officer in charge of the investigations 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 ofthe investigation before any interrogation commences including the name of the complainant The address ofthe complainant and or witness need not be disclosed however sufficient information to reasonable apprise the employee ofthe allegations shall be provided 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 21 9 20 06 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 ofthe employee shall be recorded mechanically or by a stenographer All recesses called during the questioning shall be recorded The employee or hisher counsel shall be entitled to a copy ofthe tape recording and or a transcript of such stenographic record within a reasonable time after such interrogation 9 The law imposes no obligation legal or otherwise on the Department to provide an opportunity for an employee to consult with counselor anyone else when questioned by a Superior Officer or employer about hisher employment or matter relevant to hisher continuing fitness for police service Nevertheless in the interest of maintaining the usually high morale of the Pulice Department the employer shall advise the employee and afford an opportunity for the employee if he she so desires to consult with counsel andor with a representative of the Association before being questioned concerning a serious violation of law or the Rules and Procedures provided the interrogation is not unduly delayed However in such cases the interrogation may not be postponed for purposes of consultation past 10 00 A M of the day following the notification of interrogation The employee shall have the right to have counsel and or an Association representative present to assist during the interrogation SECTION 18 PERSONNEL RECORDS 18 1 Any employee shall be entitled to examine hisher personnel file upon making request therefor to the Chief of Police or other officer in charge in hisher absence 182 Upon request any employee shall be furnished with a copy of any nonconfidential material in hisher personnel file 18 3 Only one employee personnel file shall be maintained which shall contain all material with respect to such employee 184 No material derogatory to an employee hisher conduct character or service shall be placed in hisher personnel file unless he she has been given an opportunity to examine it and affix hisher signature thereon which signature shall indicate that the employee has examined it and shall not be deemed to indicate that the employee in any way consents or agrees with the contents The employee may place in such personnel file a written answer to any derogatory material in the file within 10 working days after receiving notification of the proposed inclusion ofthe material in the file 18 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 22 9 20 06 personnel file shall be the charges and specifications the hearing record and related evidence and the final adjudication thereof Upon the consent of the employee the PBA upon request should be advised of the status progress and outcome ofthis matter SECTION 19 AMENDMENTS 19 1 Any changes or amendments to this Agreement shall not become effective unless the same are in writing signed by the parties SECTION 20 NO STRIKE PLEDGE 20 1 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 ur participate in such a strike SECTION 21 UNIFORM CLEANING AND UNIFORM EQUIPMENT ALLOWANCE 21 1 The Town agrees to pay the entire cost of dry cleaning of all wearing apparel in connection with the police uniforms except washable items The Town shall select an appropriate dry cleaning service The employee shall use the cleaning service selected by the Town 21 2 Employees assigned for uniformed duties shall have available the annual sum of four hundred 400 00 dollars as auniform and equipment allowance 21 3 Employees assigned to a non uniformed duties shall have available the annual sum of 600 00 effective January I 2007 650 effective January I 2008 700 as a clothing and equipment allowance 21 4 Any unused allowance as outlined above will be credited to next year s clothing allowance but may not be accumulated beyond the subsequent year 21 5 Dive Team Uniform and Equipment Allowance Not more than five employees designated by the Chief as members ofthe Dive Team and who are certified divers shall receive the annual sum of 600 to be prorated by complete months assigned during the year as a stipend to be paid in December SECTION 22 LEGISLATNE APPROVAL 22 1 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATNE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL 23 9 20 06 FUND THEREFOR SHALL NOT BECOME EFFECTNE UNTIL THE APPROPRIATE LEGISLA TNE BODY HAS GNEN APPROVAL SECTION 23 APPORTIONMENT OF BENEFITS 23 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 to the date of termination SECTION 24 ADDITIONAL COMPENSATION 24 1 In the event an employee is entitled to additional compensation for Court attendance overtime work or other purposes the rate of compensation shall be based upon 239 days or 260 days whichever number of days per year the employee is assigned in accordance with Section 71l a SECTION 25 STAFF MEETINGS 25 1 The employees agree that the Chief of Police shall have the right to schedule not more than three with no more than one meeting per trimester staff meetings of the employees with the rank of sergeant and above in each calendar year for periods not to exceed three hours each for which no compensation shall be paid to the employees at which meetings police matters may be considered SECTION 26 ETHICS DISCLOSURE 26 1 The Lieutenant and Administrative Officer must comply with the disclosure requirements set forth in the Town of Southold Ethics Law SECTION 27 CANINE UNIT 27 1 In the event that the Town creates a canine unit the PBA shall have the right to make a timely request that the Town engage in impact negotiations regarding the terms and conditions of employment for employees assigned to that unit SECTION 28 TERM OF AGREEMENT 28 1 The term of this Agreement shall be four years to become effective January 1 2006 and terminate on December 31 2009 IN WITNESS WHEREOF the parties hereto have set their hands and seals this 7n day of Cbf tjaz 2006 24 SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION INC President 25 920 06 TOWN OF SOUTH OLD By d Supervisor