HomeMy WebLinkAboutPBA Contacts9 20 06
AGREEMENT
BETWEEN
THE TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1 2006 DECEMBER 31 2009
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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SOUTHOLD TOWN POLICE
BENEVOLENT ASSOCIATION INC
President
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TOWN OF SOUTH OLD
By d
Supervisor