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Executive Summary
The Township of Lower has various union contracts and agreements in place, including agreements with AFSCME, the Police Benevolent Association, and Teamsters Local Union No. 676. These agreements cover a range of employees, including office workers, recreation aides, police officers, and public works personnel. These agreements outline terms and conditions of employment such as wages, benefits, leave policies, and grievance procedures. Several agreements have expiration dates in December 2026, December 2027, or December 2028, necessitating future negotiations.
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Document Text
--- Document: AFSCME ---
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
CAPE MAY COUNTY
AND
LOWER TOWNSHIP OFFICE WORKERS
ASSOCIATION - LOCAL #3779
AFSCME NJ, AFL-CIO
EFFECTIVE DATES: January 1, 2024 through December 31, 2026
TABLE OF CONTENTS
PAGE
PREAMBLE
4
ARTICLE I RECOGNITION
5
ARTICLE II CHECK OFF
5
ARTICLE III UNION DUES AND WDEA
6
ARTICLE IV MANAGEMENT RIGHTS
6
ARTICLE V VACATIONS
7
ARTICLE VI HOLIDAYS
9
ARTICLE VII INSURANCE, HEALTH & WELFARE
10
ARTICLE VIII LEAVE OF ABSENCE
14
ARTICLE IX NO STRIKE PLEDGE
16
ARTICLE X GRIEVANCE PROCEDURE
16
ARTICLE XI SICK LEAVE & RETIREMENT
18
ARTICLE XII WORK WEEK AND OVERTIME
20
ARTICLE XIII WAGES
21
ARTICLE XIV LONGEVITY
23
ARTICLE XV CALL IN TIME
23
ARTICLE XVI CLOTHING ALLOWANCE
24
ARTICLE XVII WORKER'S COMPENSATION
24
ARTICLE XVIII GENERAL PROVISIONS
25
ARTICLE XIX UNION BUSINESS.
25
2
ARTICLE XX EQUAL TREATMENT
26
ARTICLE XXI FULLY BARGAINED PROVISIONS
26
ARTICLE XXII SEPARABILITY AND SAVINGS
27
EXHIBIT A: JOB TITLES
28
EXHIBIT A: SALARIES MIN/MAX
29
EXHIBIT B: EXISTING EMPLOYEE WAGE ADJUSTMENTS
30
3
PREAMBLE
The Contract made between the Township of Lower (hereinafter referred to as the
"Employer") and (AFSCME NJ, American Federation of State County and Municipal
Employees, AFL-CIO Majority Representative, and its affiliated Local 3779,
(hereinafter referred to as the "Union") covering employees in the designated unit,
has as its intent and purpose the promotion of harmonious employee relations
between the employer and employees represented by the Union; the establishment
of equitable and peaceful procedures for the amicable resolutions of all disputes and
grievances and determination of wages, hours of work and other terms and
conditions of employment. The effective date of this agreement shall be JANUARY 1,
2024 to DECEMBER 31, 2026.
As the Employer recognizes the Union; it is the responsibility of the Employer to
forward all new hire, disciplines/grievances, promotions, etc. to AFSCME NJ as the
Majority Representative to P.O. Box 207, Franklinville, New Jersey 08322 or Fax (856)
512-2193, and the Local 3779. This will occur simultaneously as the employee is
served.
American Federation for State County and Municipal Employees, AFSCME NJ reserves
the right to begin negotiations a year prior to the expiration date of the current
contract.
4
ARTICLE I
RECOGNITION
The employer recognizes the Union as the Bargaining Agent for the purpose of
establishing salaries, wages, hours and other conditions of employment for all of its
employees in the classifications listed in Article XIII and Exhibit A Titles and Grades
which is part of this agreement or any newly created positions within the parameters
of the Union's certification.
ARTICLE II
CHECK OFF
A.
The Township agrees to deduct from the salaries of its employees, subject
to this Agreement, dues for AFSCME NJ. Such deductions shall be made in
compliance with Chapter 123, Public Laws of 1974, N.J.S.A. (R.S.) 52:14-
15.9e, as amended and members shall be eligible to withdraw such
authority during July of each year.
B.
A check off shall commence for each employee who signs a properly dated
authorization card supplied by the Union and verified by the Treasurer of
the Council during the month following the filing of such card with the
Township.
C.
D.
The aggregate deductions from all employees shall be remitted to the
Treasurer of the Council together with the list of names of all employees
for whom the deductions were made by the fifteenth (15th) day of the
succeeding month after such deductions were made.
If during the life of this Agreement there shall be any change in the rate of
membership dues, the Local Union shall furnish the Township an official
notification on the letterhead of the Local Union signed by the President of
the Local Union advising of such changed deduction.
5
E.
The Union will provide the necessary "Check Off authorization form and
the Union will secure the signatures of its members on the forms and
deliver the signed forms to the Township Treasurer.
ARTICLE III
UNION DUES AND WDEA
A.
The Union shall provide the Township appropriate signature cards from
the represented employees authorizing dues deductions and shall notify
the Township promptly of any change in status.
B.
C.
Dues deducted by Lower Township shall be transmitted to the designated
Union official of the American Federation of State, County, and Municipal
Employees, New Jersey Council 63, AFL-CIO monthly. Lower Township
agrees to provide the Union, on a quarterly basis, with a complete up-to-
date electronic listing of all employees covered by this contract. Such a
listing shall be in the Excel format and include the employee's full name,
department, job classification, work location, home address, phone
number, email address, employment status, membership status and the
amount of the dues deducted as it appears on the records of Lower
Township. For the purpose of the deduction of dues for titles covered by
this agreement; Any member working 40 or fewer, but more than 20
hours per week, shall be considered a full-time member, any member
working 20 or fewer, but more than 12 hours per week shall be
considered a part-time member, and any member working 12 or fewer
hours per week shall be considered a lower part time member. The Union
shall provide a secure e-mail address for the receipt of the electronic listing
and disclose such information only to its officials and representatives
whose duties require access.
The Union shall indemnify and hold the Township harmless for any dues
wrongfully deducted.
ARTICLE IV
MANAGEMENT RIGHTS
6
A. The Township hereby retains and reserves unto itself, without limitation, all
powers, rights, authority, duties and responsibilities conferred upon and
vested in it prior to the signing of this Agreement, by the Laws and
Constitution of the State of New Jersey and of the United States, including, but
without limiting the generality of the foregoing, the following rights:
1.
2.
3.
To executive, management and administrative control of the Township
Government and its properties and facilities and the activities of its
employees.
To hire all employees and subject to the provisions of law, to determine
their qualifications and conditions for continued employment or
assignment and to promote and transfer employees, in consultation
with the Department Head concerned.
To suspend, demote, discharge or take other disciplinary action for
good and just cause according to law, in consultation with the
Department Head concerned, subject to N.J.A.C. 4:1-16.1, et. seq.
B. The exercise of the forgoing powers, rights, authority, duties and
responsibilities of the Township, the adoption of policies, rules, regulations
and practices in furtherance there of, and the use of judgment and discretion
in connection with the implementation thereof shall be limited only by the
specific and express terms of this Agreement, and then only to the extent such
specific and express terms are in conformance with the Constitution and Laws
of New Jersey and of the United States.
C. Management shall have the right to institute the technological improvements
within the Department, subject only to the limitations contained herein.
Technological improvement is defined as a change in procedures, equipment
or method of operation of the Department, or lowering the manpower
requirements of the Department. In the event technological improvements
are introduced, the Department will endeavor, so far as practicable to institute
these improvements in such a manner that there will be at least possible
hardship to employees, including but not limited to retraining, and relocation
within the Township, or reclassification of said employee or employees, where
applicable. Should the Union feel that an injustice has been committed in such
action, they may file a grievance under this Agreement.
ARTICLE V
VACATIONS
A. Annual vacation shall be granted as follows:
7
Up to 1st year of working service
1 working day per month
After 1 year and up to 5 years
13 working days
After 5 years and up to 10 years
16 working days
After 10 years and up to 15 years
20 working days
After 15 years
25 working days
A working day shall be the equivalent of 7 hours for employees regularly
scheduled to work 35 hours per week and 8 hours for employees regularly
scheduled to work 40 or more hours per week.
Vacations shall be scheduled only with the approval of the employees
Department Head. Township reserves the right to refuse vacation requests if
administrative pressures so require. The Township further reserves the right
to adjudicate conflicting vacation request by means of seniority.
B. The employees of the Department of Public Safety may take vacation anytime
during the year, with the approval of the supervisor.
C. Permanent part-time employees whose titles are included in the existing
Agreement shall be entitled to a proportionate share of vacation days.
D. Any vacation leave accruing in a calendar year which is unused by an employee
within that calendar year may be used within the following calendar year, but
it shall not be accumulated thereafter.
E. Upon regular retirement or resignation in good standing an employee will
receive remuneration for unused vacation time which has accumulated in the
year of retirement or resignation, prorated in accordance with Paragraph G
below, and the immediately preceding calendar year. Resignation in good
standing is written notice at least fourteen (14) days in advance, and will be
worked or on approved leave in order to receive unused vacation pay.
F. Vacation leave entitlements for the entire year shall be credited to the
Employee at the beginning of each calendar year in anticipation of continued
employment for the full year. In the event the employee terminates
employment, takes a leave of absence, or has any other change in status where
such leave is not earned for a portion of the year, the employer shall recover
the prorated value of vacation leave, and if the employee utilizes more leave
than is earned, he shall be required to reimburse the employer for the value of
the used, but unearned, leave. For the purposes hereof, the prorated value of
vacation leave shall be determined by (i) dividing the number fifty-two (52)
into the number of full weeks in such year as of the date of such termination
of employment, leave or change in status, then (ii) multiplying such fraction
by the total number of vacation days credited at the beginning of such year,
and then (iii) subtracting the vacation days used in such year.
8
A.
ARTICLE VI
HOLIDAYS
All Township Employees shall be entitled to the following holidays; which
are to be celebrated on the days observed as such by the Township:
*New Year's Day
*Martin Luther King's Birthday
*Lincoln's Birthday
*President's Day
*Good Friday
*Memorial Day
*Fourth of July
*Labor Day
*Columbus Day"
Election Day
*Veterans Day
*Thanksgiving
Day after Thanksgiving
*Christmas
(*Federal Holidays)
Holidays which fall on a Saturday shall be celebrated on the proceeding
Friday. Holidays which fall on a Sunday, Shall be celebrated on the
following Monday. If a holiday falls within a period during which an
employee is on annual vacation leave, he/she shall not be charged for
annual vacation leave taken for that day. In the event the holiday falls on a
pay day the employee shall be paid on the day before.
B.
In the event that any Township employee is required to work on one of the
above designated holidays, he or she shall be compensated at time and
one-half for the hours worked, plus holiday pay, to be paid as part of their
regular salary.
In addition to the enumerated holidays, all members of this union shall be
entitled to four (4) personal leave days, to be requested seventy-two (72)
9
C.
D.
hours prior to the desired time off if possible, except in the case of an
emergency. Personal leave entitlements for the entire year shall be
credited to the employee at the beginning of each calendar year in
anticipation of continued employment for the full year. In the event the
employee terminates employment, takes a leave of absence, or has any
other change in status where such leave is not earned for a portion of the
year, the employer shall recover the prorated value of personal leave, and
if the employee utilizes more leave than is earned, he shall be required to
reimburse, the employer for the value of the used, but unearned, leave. For
the purposes hereof, the prorated value of personal leave shall be
determined by (i) dividing the number fifty-two (52) into the number of
full weeks in such year as of the date of such termination of employment,
leave or change in status, then (ii) multiplying such fraction by the total
number of personal days credited at the beginning of such year, and then
(iii) subtracting the personal days used in such year. Personal leave days
shall be the equivalent of 7 hours per day for employees regularly
scheduled to work 35 hours per week and 8 hours per day for employees
regularly scheduled to work 40 or more hours per week.
Whenever a State of Emergency is declared by the Governor of New Jersey
or the Township Manager and same effects Cape May County as
determined by the Township Manager's reasonable discretion on a
scheduled work day, any employees who are required to work shall be
granted an equal amount of compensatory time off, to be taken within that
calendar year.
Any personal time or holiday leave accruing in any calendar year unused
by an employee within the calendar year, may be used within the following
calendar year, but it shall not accumulate thereafter.
ARTICLE VII
INSURANCE, HEALTH & WELFARE
A. The Township shall provide the following health benefits for all permanent
and provisional employees working twenty-five (25) hours per week or more,
and their dependents, beginning on the first day of the third month after two
(2) months of active employment:
1.
Health Benefits shall be provided in accordance with New Jersey State
Health Benefits Plan Direct 15 or at management's option Direct 20/35
with Difference Card.
10
2.
3.
4.
A Prescription Drug Plan which will require co-payments of $5 for
generic and $10 for brand name. There will be one (1) co-payment per
ninety (90) day supply of medication mail orders.
A Dental Plan with payment limitations as follows:
Preventative Maintenance, etc.
Diagnostic and Restorative Treatment
Endodontics and Periodontics
Prosthodontics (Fixed and removable)
100%
85%
85%
85%
Maximum Benefit: $1,700 per person per calendar year. $3,150 lifetime
maximum per person for orthodontic service, until and unless
otherwise negotiated.
A Vision Care Plan with benefits payable only once every twenty-four
(24) months, except for Vision Analysis which will be payable every
year, as follows:
Vision Analysis
$145
Single Vision Lenses
$135
Bifocal Lenses
$150
Multi-focal Lenses
$165
Contact Lenses
$175
Frames
$150
5.
These benefits, in their amended form, will start on the date this
Agreement is executed by both parties and shall continue for the life of the
term of this Agreement and until a successor Agreement is reached between
the parties subject to the provisions in Paragraph D below.
B. The Township shall provide the following health benefit coverage for retired
employees up to the minimum age requirements for medicare coverage:
1. Eligibility
a.
b.
C.
Employee retires at age sixty-two (62) or older with at least
fifteen (15) years service with the Township.
Employee retires before age sixty-two (62) with at least twenty-
five (25) years service with the Township.
Coverage is for retired employee and those dependents at time
of retirement, but only for as long as they remain dependents.
Subsequent marriage will not make a new spouse and
dependents eligible.
11
2.
Benefits
a.
Major Medical Benefits as described under Section A.1 of this
Article.
b.
3.
Prescription Drug Plan as described under Section A.2 of this
Article.
Coordination of Benefits
If retired employee takes a job with an employer who provides health
benefits, he/she must obtain primary coverage thereunder, and the
Township will be the secondary insurer. The same applies, if the
retired employee's spouse has or takes another job which provides
health benefits, with employed spouse's benefits primary.
C. The Township shall provide the following health benefits coverage for retired
employees who have reached the minimum age requirement for medicare
coverage:
1.
Eligibility
a.
Employee retires at age sixty-two (62) or older with at least
fifteen (15) years continuous service with the Township at the
time of retirement.
b.
Employee retired with at least twenty-five (25) years service
with the Township, not necessarily continuous at the time of
retirement.
2.
c.
d.
Employee retired at age sixty-five (65) or older but with less
than fifteen (15) years service with the Township, shall be
allowed to participate in any Township group plans for
supplemental Medicare Insurance, (if the Township provides
one) and prescription program as long as the employee pays the
premiums.
Coverage is for retired employee and spouse, both of whom
have reached the minimum age requirements for medicare
coverage. When one employee or spouse reaches the minimum
age, the other will continue to receive coverage as described
under Section B of this Article, until he/she also reaches the
minimum age.
Benefits are limited to a maximum of $1,500, for retired employee and
spouse, to assist in the purchase of a medicare supplement health
benefits plan. Medicare Part B payments/deductions shall have been
authorized by each. The Township reserves the right to purchase the
12
3.
supplements directly, or to reimburse the retired employee and/or
spouse.
If retired employee or spouse has or takes a job with the employer who
provides health benefits, he and/or she must obtain primary coverage
there under, and the Township will be the secondary insurer.
Coordination of benefits will apply.
D. The Township retains the right, at its option, to change any of the existing
insurance plans or carriers providing such benefits, so long as the level of
benefits provided to the employees and their eligible dependents are greater
than or equal to the current plan. Notwithstanding the foregoing the Township
retains the exclusive right to return to the New Jersey State Health Benefits
Plan that is substantially equivalent to the employee's current coverage in a
base plan that is equal to or better than current coverage. All plans offered by
the State Health Benefits Plan shall be offered to employees who shall pay the
difference if they select a plan more costly than the aforesaid base plan. The
Township further reserves the right, at its option, to self-insure any of said
plans and coverages so long as the level of benefits provided to the employees
and their eligible dependents is equal to or better than current coverage. In
the event the Township changes any of the existing insurance plans or carriers
providing such benefits, the Township will give the Union thirty (30) days
notice prior to implementing the new plan or carrier.
E. When both husband and wife are Township employees, family coverage will
be provided under only one Agreement, with supplemental benefit of 100%
coverage for Vision and Dental, and 100% reimbursement of In and Out-of-
State Network deductibles and co-payments.
F. There will no longer be a medical fund to reimburse deductibles, co-payments,
or other out-of-pocket expenses.
G. The provisions of this Agreement do not affect the health benefits coverages
of employees who retired prior to the effective date of this same Agreement,
all of which benefits are to be determined prior by prior Agreements in effect
at the time of retirement,
H. The Township agrees to provide a free legal defense to any employee sued in
his/her official capacity for any legal act committed within his/her authority
as a Township employee.
I. The Township shall continue to provide a $25,000 life insurance policy on the
employee's life only, in addition to the insurance provided by the state pension
plan.
13
J. Cost Contribution - Bargaining unit members shall contribute to the costs of
the Health Benefits Insurance Plan coverages. All bargaining Unit members
shall pay a portion of health care coverage costs consistent with P.L. 2011, c.
78 (hereinafter "Chapter 78"). In addition, the contribution, if any of all
bargaining unit members who retire on or after June 28, 2011, shall be in
accordance with P.L. 2011, c. 78 (hereinafter "Chapter 78").
ARTICLE VIII
A.
B.
LEAVE OF ABSENCE
MILITARY LEAVE - Military leave shall be provided in accordance with
applicable law.
BEREAVEMENT LEAVE – In the event of a death of an employee's "family
member" as listed below, an employee shall be granted up to three (3)
working days off without loss of pay from the date of death up to and
including the day after the funeral. The following is a list of those persons
who qualify within the term "family member":
Mother
Father
Spouse
Children
Grandparents/grandchildren
Sister
Brother
Step Children
Father-in-law
Mother-in-law
Brother-in-law
Sister-in-law
Step Mother
Step Father
Step Sister
Step Brother
Half-Sister
Half-Brother
Aunt
Uncle
"Family member" shall also include any relative of the employee or person
that has been residing in the employee's household. Under no
14
C.
D.
E.
circumstances shall the provision of this Section result in an increase in an
employee's normal earnings.
Family/Medical Leave Absence will be granted in accordance with the
provisions of the Federal Family and Medical Leave Act ("FMLA") and the
New Jersey Family Leave Act ("NJFLA") and the regulations promulgated
thereunder. Under the provisions of these statutes, the employee is
entitled to twelve (12) weeks of leave during a twelve (12) month period.,
which leave may be extended at the request of the employee, upon good
cause shown, for up to a total of six (6) additional months excluding the
initial twelve (12) week period. The employee shall be entitled to leave for
the employee's own serious health condition, or the need to care for a
spouse, child or parent with a serious health condition. In addition, the
employee may take leave to care for a parent, child or parent-in-law. The
circumstances under which leave may be taken vary depending on the type
of leave requested and the employer will grant leave in accordance with
the provisions of each statue, the regulations issued for each statute, and
judicial decisions interpreting the requirements of each statute. If the
employer takes FMLA or NJFLA leave, the employee may, at the employee's
option use accrued sick leave, vacation and other administrative leave
during the FMLA or NJFLA leave. The employer retains all rights to require
proper certification from a health care provider pursuant to all applicable
Laws. Any other leave of absence shall be granted in the sole and absolute
discretion of the Township Manager and shall not be for a period in excess
of six (6) months.
Any unpaid leave of absence granted because of illness or disability will
not result in cessation of insurance, health and welfare benefits set forth in
Article VI. The employee shall not earn any seniority during the period of
such leave of absence, and there will be no additional accrual of vacation,
sick and personal days during the period of such leave of absence.
As to any unpaid leave of absence granted for any reason other than illness
or disability, the Township shall have sole discretion to determine if such
leave will result in a cessation of insurance, health and welfare benefits
during such leave of absence. The employee shall not earn any seniority
during the period of such leave of absence, and there will be no additional
accrual of vacation, sick and personal days during the period of such leave
of absence.
F.
Unless otherwise specifically set forth in this Agreement to the contrary,
all of the provisions of the New Jersey Department of Personnel
Regulations concerning leaves of absence, as set forth in Title 4A of the
New Jersey Administrative Code, Chapter 6, Subchapter 1, shall apply to
members of AFSCME.
15
G.
Before an employee goes on FMLA or NJFLA leave without pay, the
employee shall be entitled to use of all the sick, vacation and personal days
which have been credited to the employee at the beginning of the year. The
employee also acknowledges that sick, vacation and personal are not
earned during any FMLA or NJFLA leave or any other unpaid leave of
absence. Accordingly, (i) if an employee on such leave does not return to
work, he shall reimburse the employer for the paid sick, vacation and
personal days used in excess of his prorated entitlements as set forth in
Article V Vacations, Article VI - Holiday, and Article XI - Sick Leave &
Retirement of this Agreement, or (ii) if an employee on such leave does not
return to work, the sick, vacation and personal days to be credited in the
future shall be reduced by such days used in excess of his prorated
entitlements.
ARTICLE IX
NO STRIKE PLEDGE
The Union covenants and agrees that during the term of the Agreement neither
the Union nor any person acting in its behalf will cause, authorize, or support, nor will
any of its members take part in any strike (i.e. the concerted failure to report for duty,
or willful absence of any employee fro his or her position, or stoppage of work or
abstinence in whole or in part from full, faithful and proper performances of
employees duties of employment), work stoppage, slow down, walkout or other
illegal action which interferes with full and complete normal operation of the
government of the Municipality. The Union agrees that such action would constitute
a material breach of the Agreement.
A.
1.
ARTICLE X
GRIEVANCE PROCEDURE
Purpose
2.
The purpose of this procedure is to secure, at the lowest possible level,
an equitable solution to the problems which may arise affecting the
terms and conditions of this Agreement and to resolve grievances as
soon as possible so as to assure efficiency and promote employees
morale. The parties agree that this procedure shall be kept as informal
as may be appropriate.
Nothing contained herein shall be construed as limiting the right of any
employee having a grievance to discuss the matter informally with
his/her Department Head.
16
B.
C.
Definition
1.
2.
The term 'grievance" as used herein means an appeal by an individual
employee or group of employees, from the interpretation, application
or violation of this Agreement, policies and administrative decisions
affecting them.
Any grievance which constitutes a controversy arising over the
interpretation, application or violation of this Agreement shall be
submitted to Binding Arbitration. Grievances concerning policies and
administrative decisions shall be submitted to Advisory Arbitration.
Method
The following constitutes the sole and exclusive method for resolving
grievances between the parties covered by this Agreement, shall be followed in its
entirety unless any step is waived by mutual consent:
STEP ONE: The aggrieved or the Union shall institute action under the provisions
here of within ten (10) working days after the event giving rise to the grievance has
occurred or knowledge thereof, and an earnest effort shall be made to settle the
differences between aggrieved employee and the Department Head for the purpose
of resolving the matter informally. Failure to act with said ten (10) working days shall
be deemed to constitute an abandonment of the grievance.
STEP TWO: If no agreement can be reached orally within ten (10) working days of
the initial discussion with the Department Head, the employee or the Union may
present the grievance in writing within ten (10) working days thereafter to the
Department Director. The Department Director will answer the grievance in writing
within ten (10) working days of receipt of the written grievance.
STEP THREE: If the employee or the Union wishes to appeal the decision of the
Department Director, such appeal shall be presented in writing to the Township
Manager within ten (10) working days thereafter. The Township Manager shall
review the matter and make a determination in writing within ten (10) working days
from the receipt of the grievance.
STEP FOUR: If the grievance is not settled through the intervening steps, either
party shall have the right to submit the dispute to arbitration, in accordance with B-2
of this Article. The dispute shall be submitted to arbitration pursuant to the rules and
regulations of the Public Employment Relations Commission. The cost for the
services of the arbitrator shall be borne equally by the Township and the Union. No
employee shall be denied his compensation for appearance as a witness in accordance
with this Article. Any other expense, including but not limited to the presentation of
non-township employee witness, shall be paid by the parties incurring same.
17
D. Upon prior notice to and authorization of the Department Head, the
designated Union Representatives shall be permitted as members of the
Grievance Committee to confer with employees and the Township on specific
grievances in accordance with the grievance procedure set forth herein during
work hours of employees, without loss of pay, provided the conduct of said
business does not diminish the effectiveness of the Township or require the
recall of off-duty employees.
E. Agents of the Union, who are not employees of the Township may be permitted
to visit the employees during working hours at their work stations for the
purpose of discussing Union representation matters; as long as such right is
reasonably exercised and provided further that there is no undue interference
with the Township work by such agents.
F. The Township and the Union further agree to give reasonable consideration
to request of either party for meetings to discuss grievances pending at any
step.
G. Employee are entitled to Union Representation at each and every step of the
grievance procedure.
H. If a decision is not rendered within the time limits prescribed for decision at
any step in the grievance procedure, the grievance shall be deemed to have
been denied.
A.
B.
ARTICLE XI
SICK LEAVE & RETIREMENT
All employees shall retain all pension rights under New Jersey Law and the
Ordinance of the Township of Lower.
Employees shall receive one working day for each month of service during
the remainder of the first calendar year of service and fifteen (15) working
days in every year thereafter. The fifteen (15) days will be credited at the
beginning of the year, and may be used at any time during the year. If an
employee resigns, retires or is otherwise absent, the fifteen (15) days will
be pro-rated, and if more has been used than earned, it must be repaid. All
permanent part-time employees shall receive a proportionate share of sick
leave. Sick leave entitlements for the entire year shall be credited to the
employee at the beginning of each calendar year in anticipation of
continued employment for the full year, in the event the employee
terminates employment, takes a leave of absence, or has any other change
in status where such leave is not earned for a portion of the year, the
18
C.
D.
employer shall recover the prorated value of the used, but unearned leave.
For the purposes hereof, the prorated value of the sick leave shall be
determined by (i) dividing the number fifty-two (52) into the number of
full weeks in such year as of the date of such termination of employment,
leave or change in status, then (ii) multiplying such fraction by the total
number of personal days credited at the beginning of such year, and then
(iii) subtracting the personal days used in such year. A sick day shall be
the equivalent of 7 hours for employees regularly scheduled to work 35
hours per week and 8 hours for employees regularly scheduled to work 40
or more hours per week
Sick leave may be utilized by employees when they are unable to perform
their work by reason of personal illness, accident, or exposure to
contagious disease. Sick leave may also be utilized for short periods
because of death in the employee's immediate family and defined in Civil
Service Regulations (N.J.A.C. 4A:1-1.3).
The Township will, at the employees request, annually buy back five (5)
days of unused sick leave in December of any year, from employees who
have not used more than five (5) sick days in that calendar year. For new
employees hired on or after June 18, 2003, the Township may, at its option,
but only upon the employer's request, annually buy back up to five (5) days
of unused sick leave in December of any calendar year, provided that the
employee has not used more than five (5) sick days in the preceding
calendar year ending December 31. The purchased sick leave shall reduce
the terminal leave benefit in days or hours due to the employee at the time
of retirement pursuant to Paragraph E of this Article.
E. 1. For all employees hired after January 1, 1982, they shall be entitled,
upon regular retirement, under the Public Employees' Retirement System,
to compensation or %100 of unused sick leave, up to a maximum of one
hundred (120) days, at the employee's rate of salary at retirement.
2. For all employees hired on or after June 18, 2003, they shall be entitled,
upon regular retirement, under the Public Employees' Retirement
System, to compensation for 100% of unused sick leave up to a
maximum of $15,000.00.
F. The Township may require an employee who has been absent because of
personal illness, a condition of his/her return to duty be examined at the
expense of the Township by a physician designated by the Township. Such
examination shall establish whether the employee is capable of performing
19
his/her normal duties and that his/her return will not jeopardize the
health of other employees.
G. All permanent employees shall be entitled to accumulate sick leave days
from year to year to be used if and when needed for such purpose.
H. Verification of Sick Leave - The Township may for good cause require
verification of sick leave. Abuse of sick leave shall be cause for disciplinary
action. In the case of leave of absence due to exposure to contagious
disease, a certificate from the department of Health shall be required.
ARTICLE XII
WORK WEEK AND OVERTIME
A.
B.
Department of Public Safety
1. The work week for the office workers of the Department of Public Safety
shall be determined by the Chief of Police, but shall not be less than thirty-
five hours per week, exclusive of lunch. Overtime shall be paid as part of
their regular salary at the overtime rate of time and one-half.
1.
2.
3.
4.
5.
Township Office Employees
The work week for all employees covered under this paragraph shall
consist of five (5) six (6) hour consecutive days or five (5) seven (7)
hour consecutive days. Consecutive days are Monday through Friday
inclusive, not including lunch hour.
If the Township and the Union mutually agree to have those employees
working a thirty (30) hour week (5 days at 6 hours a day) work a thirty-
five (35) hour week (5 days at 7 hours a day) Monday through Friday
inclusive, those employees shall have their base salary adjusted by
taking their then hourly times thirty-five (35) hours per week times
fifty-two (52) weeks per year.
The Township employees covered by this Agreement shall be entitled
to overtime pay at the rate of time and one-half after thirty (30) hours
(for those employees on a five (5) day work week at six (6) hours per
day) and time and one-half after thirty-five (35) hours (for those
employees on a five (5) day work week at seven (7) hours per day),
provided that said overtime
--- Document: Recreational Aides AFSCME ---
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
CAPE MAY COUNTY
AND
LOWER TOWNSHIP RECREATION AIDES
ASSOCIATION – LOCAL #3779B
AFSCME NJ COUNCIL 63, AFL-CIO
JANUARY 1, 2025
THROUGH
DECEMBER 31, 2028
TABLE OF CONTENTS
PREAMBLE
3
ARTICLE I RECOGNITION
ARTICLE II CHECK OFF
4
5
ARTICLE III AGENCY SHOP
6
ARTICLE IV MANAGEMENT RIGHTS
ARTICLE V VACATIONS
7
8
ARTICLE VI HOLIDAYS
9
ARTCILE VII INSURANCE, HEALTH & WELFARE
10
ARTICLE VIII LEAVE OF ABSENCE
14
ARTICLE IX NO STRIKE PLEDGE
16
ARTICLE X GRIEVANCE PROCEDURE
17
ARTICLE XI SICK LEAVE & RETIREMENT
19
ARTICLE XII WORK WEEK AND OVERTIME
20
ARTICLE XIII WAGES
21
ARTIVLE XIV WORKER'S COMPENSATION
22
ARTICLE XV GENERAL PROVISIONS
23
ARTICLE XVI EQUAL TREATMENT
24
ARTICLE XVII FULLY BARGAINED PROVISIONS
25
ARTICLE XVII SEPARABILITY AND SAVINGS
26
TERM AND RENEWAL
27
2
PREAMBLE
The Contract between the Township of Lower (hereinafter referred to as
"Employer") and AFSCME NJ, American Federation of State County and Municipal
Employees, AFL-CIO Majority Representative, and its affiliated Local 3779
(hereinafter referred to as the "Union), covering employees in the designated unit,
has as its intent and purpose the promotion of harmonious employee relations
between the Employer and employees represented by the Union; the establishment
of equitable and peaceful procedures for the amicable resolutions of all disputes and
grievances and determination of wages, hours of work and other terms and
conditions of employment. The effective date of this Agreement shall be January 1,
2025 to December 31, 2028.
As the Employer recognizes the Union; it is the responsibility of the Employer to
forward all new hire, discipline/grievances, promotions, etc. in unit representative
titles to AFSCME NJ as the Majority Representative to P.O. Box 207, Franklinville, New
Jersey 08322 or Fax (856)512-2193, and Local 3779B. This will occur simultaneously
as the employee is served.
American Federation for State, County and Municipal Employees, AFSCME NJ
reserves the right to begin negotiations a year prior to the expiration date of the
current contract.
3
ARTICLE 1
RECOGNITION
The employer recognizes the Union as the Bargaining Agent for the purpose of
establishing salaries, wages, hours and other conditions of employment for all of its
aides and senior citizen program aides or any newly created positions within the
parameters of the Union's certification ("Employers").
4
A.
ARTICLE II
CHECK OFF
The Township agrees to deduct from the salaries of its employees, subject to
this Agreement, dues for AFSCME District Council #71. Such deductions shall be
made in compliance with Chapter 123, Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e,
as amended and members shall be eligible to withdraw such authority during July of
each year.
B. A check off shall commence for each employee who signs properly dated
authorization card supplied by the Union and verified by the Treasurer of the Council
during the month following the filing of such card with the Township.
C. The aggregate deductions from all employees shall be remitted to the
Treasurer of Council together with the list of names of all employees for whom the
deductions were made by the fifteenth (15th) day of the succeeding month after such
deductions were made.
D.
If during the life of this Agreement there shall be any change in the rate of
membership dues, the Local Union shall furnish the Township with written notice
thirty (30) days prior to the effective date of such change and shall furnish the
Township to an official notification on letterhead of the Local Union and signed by the
President of the Local Union advising of such changed deduction.
Ε.
The Union will provide the necessary "Check Off" authorization form and the
Union will secure the signatures of its members on the forms and deliver the signed
forms to the Township Treasurer.
5
A.
ARTICLE III
AGENCY SHOP
The Union shall provide the Township appropriate signature cards from
represented employees authorizing dues deductions and shall notify the Township
promptly of any change in status.
B.
Dues deducted by the Township shall be transmitted to the designated Union
official of the American Federation of State, County, and Municipal Employees, New
Jersey Council 63, AFL-CIO. The Township agrees to provide the Union, on a quarterly
basis, a complete up-to-date electronic listing of all employees covered by this
Contract. Such listing shall be in the Excel format and include the employee's
department, job classification, work location, home address, employment status,
membership status and the amount of dues deducted as it appears on the records of
the Township. For the purpose of the deduction of dues for titles covered by this
Agreement; Any member working 40 or fewer, but more than 20 hours per week shall
be considered a full-time member, any member working 20 or fewer, but more than
12 hours per week shall be considered a lower part-time member. The Union shall
provide a secure e-mail address for the receipt of the electronic listing and disclose
such information only to its officials and representatives whose duties require access.
The Township shall provide the Union with a list of departmental payroll codes in
order to identify the Department name on the above-mentioned electronic listing.
C. The Union shall indemnify and hold the Township harmless for any dues
wrongfully deducted.
6
A.
ARTICLE IV
MANAGEMENT RIGHTS
The Township hereby retains and reserves unto itself, without limitation, all
powers, rights, authority, duties and responsibilities conferred upon and vested in it
prior to the signing of this Agreement by the Laws and Constitution of the State of
New Jersey and of the United States, including, but without limiting the generality of
the forgoing, the following rights:
1.
2.
3.
To executive, management and administrative control of the Township
Government and its properties and facilities and the activities of its
employees.
To hire all employees and subject to the provisions of law, to determine
their qualifications and conditions for continued employment or
assignment and to promote and transfer employees, in consultation with
the Department Head concerned.
To suspend, demote or discharge or take any other disciplinary action for
good and just cause according to law, in consultation with the Department
Head concerned, subject to N.J.A.C. 4:1-16.1, et seq.
B. The exercise of the forgoing powers, rights, authority, duties and
responsibilities of the Township, the adoption of policies, rules, regulations and
practices in furtherance there of, and the use of judgment and discretion in
connection with the implementation thereof shall be limited only by the specific and
express terms of this agreement, and then only to the extent such specific and express
terms are in conformance with the Constitution and Laws of New Jersey and of the
United States.
C.
Management shall have the right to institute the technological Improvements
within the Department, subject only to the limitations contained herein.
Technological improvement is defined as a change in procedures, equipment or
method of operation of the Department, or lowering the manpower requirements of
the Department. In the event technological improvements are introduced, the
Department will endeavor, so far as practicable to institute these improvements in
such manner that there will be at least possible hardships to employees, included but
not limited to retraining, relocation within the Township, or reclassification of said
employee or employees, where applicable. Should the Union feel that an injustice has
been committed in such action, they may file a grievance under this Agreement.
7
ARTICLE V
VACATIONS
A.
Annual vacations shall be granted as follows:
Up to 2,080 hours of working service
8 hours for each 174 hours
After 2,080 hours and up to 10,440 hours
8 hours for each 160 hours
After 10,440 hours and up to 20,800 hours
After 20,800 hours and up to 31,200 hours
After 31,200 hours
8 hours for each 130 hours
8 hours for each 104 hours
8 hours for each 84 hours
Vacations shall be rescheduled only with the approval of the Department
Head. The Township reserves the right to refuse vacation requests if administrative
pressures so require. The Township further reserves the right to adjudicate
conflicting vacation request by means of seniority. Time shall accrue as worked and
be posted on each paycheck at least monthly.
B.
Any vacation leave which is unused by an employee within that calendar year
may be used within the following calendar year, but it shall not be accumulated
thereafter.
C. Upon regular retirement or resignation in good standing, an employee will
receive renumeration for unused vacation time which has accumulated in the year of
retirement or resignation, prorated in accordance with Paragraph D below, and the
immediately preceding calendar year. Resignation in good standing is written as least
fourteen (14) days in advance, and will be worked or on approved leave in order to
receive unused vacation pay.
D.
Vacation leave entitlements for the entire year shall be available for use when
earned in accordance with Paragraph A of this Article V.
8
A.
ARTICLE VI
HOLIDAYS/PERSONAL DAYS
Holidays - The Township recognizes 15 holidays as listed below. In the event
that the Rec. Center is closed, those who are regularly scheduled to work will receive
holiday pay at strait time and if the Rec. Center is open on a listed holiday, those that
work will receive time and one half hourly.
1. Easter
2. New Year's Day
3. Martin Luther King's Birthday
4. Lincoln's Birthday
5. President's Day
6. Good Friday
7. Memorial Day
8. Fourth of July
9. Labor Day
10. Columbus Day
11. Election Day
12. Veterans' Day
13. Thanksgiving
14. Day After Thanksgiving
15. Christmas
B.
Personal Leave - Each employee shall receive a pro rated share of annual
personal leave based on four (4) full eight-hour days for full time employment
determined by dividing the number of hours worked on 2080 and then multiplying
the quotient thereof by 32 hours to determine the number of hours permitted for
personal time in each applicable year. Personal leave will be available for use when
earned in accordance with this Paragraph.
9
A.
ARTICLE VII
INSURANCE, HEALTH & WELFARE
The Township shall provide the following health benefits for all permanent
and provisional employees working thirty-five (35) hours per week or more as
regularly scheduled ("Full Time Employees"), and their dependents, beginning on the
first day of the third month after two (2) months of active employment:
1.
2.
3.
Health Benefits shall be provided in accordance with New Jersey State
Health Benefits Plan Direct 15 or at management's option Direct 20/35
with Difference Card.
A Prescription Drug Plan which will require co-payments of $5 for
generic and $10 for brand name. There will be one (1) co-payment per
ninety (90) day supply of medication for mail orders.
A Dental Plan with payment limitations as follows:
Preventative Maintenance, etc.
100%
Diagnostic and Restorative Treatment
85%
Endodontics and Periodontics
85%
Prosthodontics (fixed and removable)
85%
Orthodontics
85%
Maximum Benefit: $1,700 per person per calendar year. $3,150 lifetime maximum
per person for orthodontic service, until and unless otherwise negotiated.
4.
A Vision Care Plan with benefits payable only once every twenty four
(24) months, except for Vision Analysis which will be payable every
year provided a preferred provider is used as follows:
Vision Analysis
$145
Single Vision Lenses
$135
Bi-focal Lenses
$150
Multi-focal Lenses
$165
Contact Lenses
$175
Frames
$150
5.
These benefits, in their amended form, will start on the date this
Agreement is executed by both parties and shall continue for the life of
the term of this Agreement and until a successor Agreement is reached
between the parties subject to the provisions in Paragraph D below.
10
B.
The Township shall provide the following health benefit coverage for retired
employees up to the minimum age requirements for medicare coverage:
1.
Eligibility
a.
Employee retires at age sixty-two (62) or older with at least
fifteen (15) years service with the Township.
b.
Employee retires before age sixty-two (62) with at least twenty-
five (25) years service with the Township.
с.
Coverage is for retired employee and those dependents at time
of retirement, but only for as long as they remain dependents.
Subsequent marriage will not make a new spouse and
dependents eligible.
2.
Benefits
a.
Major Medical Benefits as described under Section A.1 of this
Article.
b.
3.
C.
Prescription Drug Plan as described under Section A.2 of this
Article.
Coordination of Benefits
If retired employee takes a job with an employer who provides health
benefits, he/she must obtain primary coverage there under, and the
Township will be the secondary insurer. The same applies, if the
retired employee's spouse has or takes another job which provides
health benefits, with employed spouse's benefits primary.
The Township shall provide the following health benefits coverage for retired
employees who have reached the minimum age requirement for medicare coverage.
1.
Eligibility
a.
Employee retired at age sixty-two (62) or older with at least
fifteen (15) years continuous service with the Township at the
time of retirement.
b.
Employee retired with at least twenty-five (25) years service
with the Township, not necessarily continuous, at the time of
retirement.
с.
Employee retired at age sixty-five (65) or older but with less
than fifteen (15) years service with the Township, shall be
allowed to participate in any Township group plans for
supplemental Medicare Insurance, (if the Township provides
11
2.
3.
d.
one) and prescription program as long as the employee pays the
premiums.
Coverage is for retired employee and spouse, both of whom
have reached the minimum age requirements for medicare
coverage. When one employee or spouse reaches the minimum
age, the other will continue to receive coverage as described
under Section B of this Article, until he/she also reaches the
minimum age.
Benefits are limited to a maximum of $1,200, for retired employee and
spouse, to assist in the purchase of a medicare supplemental health
benefits plan. Medicare Part B payments/deductions shall have been
authorized by each. The Township reserves the right to purchase the
supplements directly, or to reimburse the retired employee and/or
spouse.
If retired employee or spouse has or takes a job with an employer who
provides health benefits, he and/or she must obtain primary coverage
thereunder, and the Township will be the secondary insurer.
Coordination of benefits will apply.
D.
The Township retains the right, at its option, to change any of the existing.
insurance plans or carriers providing such benefits, so long as the level of benefits
provided to the employees and their eligible dependents are greater than or equal to
the current plan. Notwithstanding the foregoing the Township retains the exclusive
right to return to the New Jersey State Health Benefits Plan that is substantially
equivalent to the employee's current coverage in a base plan that is equal to or better
than current coverage. All plans offered by the State Health Benefits Plan shall be
offered to employees who shall pay the difference if they select a plan more costly
than the aforesaid base plan. The Township further reserves the right, at its option,
to self-insure any of said plans and coverages so long as the level of benefits provided
to the employees and their eligible dependents is equal to or better than current
coverage. In the event the Township changes any of the existing insurance plans or
carriers providing such benefits, the Township will give the Union thirty (30) days
notice prior to implementing the new plan or carrier.
E.
When both husband and wife are Township employees, family coverage will
be provided under only one Agreement, with the supplemental benefit of 100%
coverage for Vision and Dental, and 100% reimbursement of In-and Out-of-Network
deductibles and co-payments.
F.
The Township agrees to provide a free legal defense to any employee sued in
his/her official capacity for any legal act committed within his/her authority as
Township Employee.
12
G.
The Township shall continue to provide a $10,000 life insurance policy on the
full-time employee's life only, in addition to the insurance provided by the state
pension plan.
H.
Cost Contribution - Bargaining unit members shall contribute to the costs of
the Health Benefits Insurance Plan coverages. All bargaining Unit members shall pay
a portion of health care coverage costs consistent with P.L. 2011, c. 78 (hereinafter
"Chapter 78"). In addition, the contribution, if any of all bargaining unit members
who retire on or after June 28, 2011, shall be in accordance with P.L. 2011, с. 78
(hereinafter "Chapter 78").
13
ARTICLE VIII
LEAVE OF ABSENCE
A. Military Leave - Military Leave shall be granted when an employee is required.
to undergo field training.
B.
Family/Medical Leave of Absence will be granted in accordance with the
provisions of the Federal Family and Medical Leave Act ("FMLA") and the New Jersey
Family Leave Act ("NJFLA") and the regulations promulgated thereunder. Leaves may
be extended, upon good cause shown, for up to six (6) additional months. Other leaves
of absence may be granted in the sole discretion of the Township Manager and shall
not be paid for a period in excess of six (6) months.
C.
Any unpaid leave of absence granted because of illness or disability will not
result in cessation of insurance, health and welfare benefits set forth in Article VI. The
employee shall not earn any seniority during the period of such leave of absence, and
there will be no additional accrual of vacation, sick and personal days during the
period of such leave of absence.
D. As to any unpaid leave of absence granted for any reason other than illness or
disability, the Township shall have the sole discretion to determine if such leave will
result in a cessation of insurance, health and welfare benefits during such leave of
absence. The employee shall not earn any seniority during the period of such leave
of absence, and there will be no additional of vacation, sick and personal days during
the period of such leave of absence.
Ε.
Unless otherwise specifically set forth in this Agreement to the contrary, all
the provisions of the New Jersey Department of Personnel Regulations concerning
leaves of absence, as set forth in Title 4A of the New Jersey Administrative Code,
Chapter 6, Subchapter 1, as applied to State service, shall apply to members of
AFSCME.
F.
Before an employee goes on FMLA or NJFLA leave without pay, the employee
shall be entitled to use of all of the sick, vacation and personal days which have been
credited to the employee at the beginning of the year. The employee also
acknowledges that sick, vacation and personal days are not earned during any FMLA
and NJFLA leave or any other unpaid leave of absence. Accordingly, (i) if an employee
on such leave does not return to work, he shall reimburse the employer for the paid
sick, vacation and personal days used in excess of his prorated entitlements as set
forth in this Agreement, or (ii) if an employee on such leave does not return to work,
the sick, vacation and personal days to be credited in the future shall be reduced by
such days used in excess of his prorated entitlements.
G. Bereavement Leave - In the event of a death of an employee's "family member" as
listed below, an employee shall be granted up to three (3) working days off without
14
loss of pay from the date of death up to and including the day after the funeral. The
following is a list of those persons who qualify within the term "family member."
Mother
Father
Spouse
Children
Grandparents/Grandchildren
Sister
Brother
Step Children
Father-in-Law
Mother-in-Law
Brother-in-Law
Sister-in-Law
Step Mother
Step Father
Step Sister
Step Brother
Half-Sister
Half-Brother
Aunt
Uncle
Guardian Relationship
Anyone Else Living in Employee's Household
"Family member" shall also include any relative of the employee or person that has
been residing in the employee's household. Under no circumstances shall the
provision of this section result in an increase in an employee's normal earnings.
15
ARTICLE IX
NO STRIKE PLEDGE
The Union covenants and agrees that during the term of the Agreement neither
the Union nor any person acting in its behalf will cause, authorize or support, nor will
any of its members take part in any strike (l.e. the concerted failure to report for duty,
or willful absence of any employee from his or her position, or stoppage of work or
abstinence in whole or in part from full, faithful and proper performances of the
employees' duties of employment), work stoppage, slow down, walkout or other
illegal action which interferes with full and complete normal operation of the
government of the Municipality. The Union agrees that such action would constitute
a material breach of the Agreement.
16
ARTICLE X
GRIEVANCE PROCEDURE
A.
B.
C.
Purpose
1.
2.
The purpose of this procedure is to secure, at the lowest possible level,
an equitable solution to the problems which may arise affecting the
terms and conditions of this Agreement and to resolve grievances as
soon as possible so as to assure efficiency and promote employees
morale. The parties agree that this procedure shall be kept as informal
as may be appropriate.
Nothing contained herein shall be construed as limiting the right of any
employee having a grievance to discuss the matter informally with
his/her Department Head.
Definition
1.
2.
The term "grievance" as used herein means an appeal by an individual
employee or group of employees, from the interpretation, application
or violation of this Agreement, policies and administrative decisions
affecting them.
Any grievance which constitutes a controversy arising over the
interpretation, application or violation of this Agreement shall be
submitted to Binding Arbitration. Grievances concerning policies and
administrative decisions shall be submitted to Advisory Arbitration.
Method
The following constitutes the sole and exclusive method for resolving
grievances between the parties covered by this Agreement, and shall be followed in
its entirety unless any step is waived by mutual consent:
STEP ONE: The aggrieved or the Union shall institute action under the provisions
here if within ten (10) working days after the event giving rise to the grievance has
occurred or knowledge thereof, and an earnest effort shall be made to settle the
differences between aggrieved employee and the Department Head for the purpose
of resolving the matter informally. Failure to act within said ten (10) working days
shall be deemed to constitute an abandonment of the grievance.
STEP TWO: If no agreement can be reached orally within ten (10) working days of
the initial discussion with the Department Head, the employee or the Union may
present the grievance in writing within ten (10) working days thereafter to the
17
Department Director. The Department Director will answer the grievance in writing
within ten (10) working days of receipt of the written grievance,
STEP THREE: If the employee or the Union wishes to appeal the decision from the
Department Director, such appeal shall be presented in writing to the Township
Manager within ten (10) working days thereafter. The Township Manger shall review
the matter and make a determination in writing within ten (10) working days from
the receipt of the grievance.
STEP FOUR: If the grievance is not settled through the intervening steps, either
party shall have the right to submit the dispute to arbitration, in accordance with B-2
of this Article. The dispute shall be submitted to arbitration pursuant to the rules and
regulations of the Public Employment Relations Commission. The costs for the
services or the arbitrator shall be borne equally by the Township and Union. No
employée shall be denied his compensation for appearance as a witness in accordance
with this Article.
Any other expense, including but not limited to the presentation of non-township
employee witness, shall be paid by the parties incurring same.
D. Upon prior notice to and authorization of the Department Head, the
designated Union Representatives shall be permitted as members of the Grievance
Committee to confer with employees and the Township on specific grievances in
accordance with the grievance procedure set forth herein during work hours of
employees, without loss of pay, provided the conduct of said business does not
diminish the effectiveness of the Township or require the recall of off-duty
employees.
Ε.
Agents of the Union, who are not employees of the Township may be permitted
to visit the employees during working hours at their work stations for the purpose of
discussing Union representation matters; as long as such right is reasonably
exercised and provided further that there is no undue interference with the Township
work by such agents.
F.
The Township and the Union further agree to give reasonable consideration
to request of either party for meetings to discuss grievances pending at any step.
G.
Employees are entitled to Union Representation at each and every step of the
grievance procedure.
H. If a decision is not rendered within the time limits prescribed for a decision at
any step in the grievance procedure, then the grievance shall be deemed to have been
denied.
18
A.
ARTICLE XI
SICK LEAVE & RETIREMENT
All employees shall retain all pension rights under the New Jersey Law and the
Ordinances of the Township of Lower.
B. All permanent employees shall be entitled to a pro rated share of sick leave on
the basis of eight (8) hours for every one hundred thirty-nine (139) hours in regular
pay status to a maximum of fifteen (15) eight (8) hour days (or 120 hours total) per
year. The sick leave will be determined by dividing the number of hours worked by
2,080 hours and then multiplying the quotient thereof by 120 hours to determine the
number of hours permitted for sick leave in each applicable year. Sick leave will be
available for use when earned in accordance with this paragraph. Time shall accrue
as worked and be posted on each paycheck at least monthly.
C.
Sick leave may be utilized by employees when they are unable to perform their
work by reason of personal illness, accident or exposure to contagious disease. Sick
leave may also be utilized for short periods because of death in the employee's
immediate family as defined in Civil Service Regulations (N.J.A.C. 4A:1-1.3.)
D.
The Township may require an employee who has been absent because of
personal illness, as a condition of his/her return to duty to be examined at the
expense of the Township by a physician designated by the Township. Such
examination shall establish whether the employee is capable of performing his/her
normal duties and that his/her return will not jeopardize the health of other
employees.
Ε.
All permanent employees shall be entitled to accumulate sick leave days from
year to year to be used if and when needed for such purpose. Employees with ten
(10) years of service, who were hired prior to May 21, 2010, who resign in good
standing (not retire) shall be entitled to sick leave payment not to exceed 720 hours.
All employees who are hired after May 21, 2010, supplemental compensation for sick
leave shall be payable only at the time of retirement and shall be capped at $15,000.00
pursuant to N.J.S.A. 11A:6-19.2.
F.
The Township, shall at the employee's request annually buy back 40 hours of
unused sick leave in December of the year so requested.
19
ARTICLE ΧΙΙ
WORK WEEK AND OVERTIME
The work week shall be determined by management within the limitations of
Civil Service Regulations, New Jersey Wage and Hour Laws, and the Fair Labor
Standards Act. Employees will be entitled to overtime pay at the rate of time and one-
half if they are required to work more than eight (8) hours in any day, subject to
approval of the employee's Department Head.
20
ARTICLE XIII
A.
B.
WAGES
Wage increases shall be paid as follows:
3.5% yearly wage increase effective January 1, 2025 (retroactive)
3.5% yearly wage increase effective January 1, 2026
3.5% yearly wage increase effective January 1, 2027
3.5% yearly wage increase effective January 1, 2028
An additional $1.00/hr raise as of January 1, 2025 for the following employees:
1. Rocco Sansone
2. Gloria Lugo
3. Matthew Schelling
Retroactive wage increases will be paid to all employees who are active
employees at the time of the signing of this agreement within 30 days following
execution of this Agreement by both parties.
C.
All new employees hired on or after the date this Agreement is executed by
both parties shall receive a starting salary of $15.49 per hour but not less than the
current minimum wage.
D.
In the event an employee covered by this Contract is called in after hours
because of the need to secure a Township building then that employee shall be paid
at least three (3) hours regular pay.
21
ARTICLE XIV
WORKER'S COMPENSATION
A. When an employee sustains a job related injury, the employee is to receive
his/her full salary from the Township, up to a maximum of one (1) year. The
employee agrees to endorse over to the Township all monies reimbursed to him/her
by Worker's Compensation, during this time period, to the extent permitted by law.
B. After the one (1) year maximum period, the injured employee will receive
Worker's Compensation payments only. However, accumulated sick and vacation
time (as well as any frozen Compensatory Time) may be used to supplement the
Worker's Compensation payments.
22
ARTICLE XV
GENERAL PROVISIONS
A. The Union shall have the use of employee bulletin board for the positing of
notices relating to meetings and official business of the Union.
B. It is agreed that representatives of the employer and the Union will meet from
time to time upon request of either party to discuss items of general interest or
concern which are not necessarily a grievance as such. Such meeting shall be initiated
by written request of either party and a precise agenda shall be established.
C. Employees who are covered by this Agreement shall perform duties and
responsibilities outlined in the New Jersey Department of Civil Service job
specifications for their positions, and as determined by the Township in its sole
discretion.
D. The Township shall be responsible for printing this Agreement within twenty
(20) days of having been signed by the parties. The Union will reimburse the
Township for the cost of the paper.
E.
The employer shall post all position openings or newly created positions and
related promotions on the union bulletin board. Said posting shall be made five (5)
working days prior to the positions being opened to non-employees. The posting
shall state all pertinent information pertaining to the position. Any employee wishing
to bid on the position shall do so by notifying the Township Manager in writing.
F.
The Township shall every year provide the employees covered by this
Agreement with three (3) shirts (long or short sleeve) and one (1) Jacket/Fleece.
23
A.
ARTICLE XVI
EQUAL TREATMENT
The Township and the Union agree that there shall be no discrimination or
favoritism shown for reasons of sex, age, nationality, race, creed, color, national
origin, ancestry, nationality, religion, marital or domestic partnership status, gender
identity or expression, disability, military service, affectional or sexual orientation,
atypical cellular or blood trait, genetic information, political affiliation, Union
membership or Union activities or any other category protected by law.
B. The Township may establish reasonable and necessary rules of work conduct
for employees. Such rules will be equitably applied and enforced.
C.
Ten (10) working days prior to the implementation of any new rules of work
and conduct for employees established by the Township pursuant to Section B above,
the Township agrees to meet and discuss such rules with the Union.
24
A.
ARTICLE XVII
FULLY BARGAINED PROVISIONS
This Agreement represents and incorporates the complete and final
understanding and settlement by the parties on all bargainable issues which were or
could have been the subject of negotiations.
B.
During the term of this Agreement, neither party will be required to negotiate
with respect to any such matter, whether or not covered by this Agreement, and
whether or not within the knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this Agreement.
25
A.
ARTICLE XVIII
SEVERABILITY AND SAVINGS
If any provisions of this Agreement or any application of this agreement to any
employee or group of employees is held to be invalid by operations of law or by a
court or other tribunal of competent jurisdiction, such provisions shall be inoperative
but all other provisions shall not be affected thereby and shall continue in full force
and effect.
26
TERM AND RENEWAL
This Agreement shall be in force as of January 1, 2025 and shall remain in
effect to and including December 31, 2028. This Agreement shall continue in full force
and effect during the period of negotiations for a successor Agreement.
IN WITNESS WHEREOF, that parties have hereunto set their hands and seals
at the Township of Lower, New Jersey this
LOWER TOWNSHIP RECREATION
AIDES ASSOCIATION LOCAL 3779B
AFFILIATED WITH AFSCME NJ,
COUNCIL. 6AFL-CIO
day of
TOWNSHIP OF LOWER, a municipal
corporation of the State of New Jersey
9/30/25
BY:
ANSCME Local Rep.
BY
AFSCME Stall R
BY:
AFSCME Executive Director.
27
Title:
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2025-199
A RESOLUTION RATIFYING A FOUR (4) YEAR CONTRACT AGREEMENT BETWEEN THE
TOWNSHIP OF LOWER AND LOWER TOWNSHIP RECREATION AIDS - LOCAL #3779B,
AFSCME DISTRICT COUNCIL 63
WHEREAS, extensive negotiations were conducted by the Township Manager and Labor Counsel with
Lower Township Recreation Aids - Local #3779B, AFSCME District Council 63; and
WHEREAS, the parties have reached an agreement which will be utilized to prepare the Collective
Bargaining Agreement with Lower Township Recreation Aids in accordance with the terms of the attached
agreement; and
WHEREAS, the Township Manager and Labor Counsel recommend the Township Council's ratification of
the Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED, the attached Memorandum of Agreement is hereby ratified.
BE IT FURTHER RESOLVED that the Manager and Township Clerk are hereby authorized and directed to
execute the ratified Collective Bargaining Agreement, once prepared, in accordance with and under the terms as
outlined attached hereto on behalf of the Township.
MOTION SECOND AYE
NAY
RECUSE ABSTAIN ABSENT
CONRAD
WAREHAM
ROY
COOMBS
SIPPEL
I, Julle A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on May 19,
2025.
Julle A Picard, Township Clerk
Township of Lower
And
Lower
--- Document: Police Benevolent Association ---
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER, CAPE MAY COUNTY
AND
POLICEMAN'S BENEVOLENT ASSOCIATION OF NEW JERSEY
LOCAL #59
January 1, 2024 through December 31, 2027
INDEX TO AGREEMENT
5.
RETIREMENT
ARTICLE NO.
PREAMBLE
1. RECOGNITION; DEFINITIONS
2. LEGAL REFERENCE
3. MANAGEMENT RIGHTS
4. P.B.A. REPRESENTATIVES
6. LEAVE OF ABSENCE
7. DEDUCTIONS FROM SALARY
8. WORK WEEK - OVERTIME
9. VACATIONS
10. HOLIDAYS
11. SICK LEAVE
12. INSURANCE, HEALTH & WELFARE
13. EXCHANGE OF DAYS OFF
PAGE NO.
3
4
5
6
7
8
10
12
13
14
15
16-17
18-22
23
14. CLOTHING ALLOWANCE
24-25
15. TIME OFF
26
16. GRIEVANCE PROCEDURE
27-30
17. RESERVED
31
18. PERMISSION TO LEAVE TOWNSHIP
32
19. WAGES
33
20. COLLEGE CREDITS
34
21. PROBATIONARY PERIOD
35
22. LAW ENFORCEMENT OFFICER LICENSE FEES
36
23. COURT TIME
37
24. POLICE RIGHTS
38-39
25. FULLY BARGAINED PROVISIONS
40
26. SEPARABILITY & SAVINGS & APPLICATION
41
27. MAINTENANCE MODIFICATION OF WORK RULES
42
28. TERMS & RENEWAL
43
SCHEDULE "A"
44
SCHEDULE "B"
45-46
SCHEDULE "C"
47s
2
This Agreement entered into this
PREAMBLE
day of
_, 2025 by and between the
Township of Lower, in the County of Cape May, New Jersey, a Municipal Corporation of the State
of New Jersey, (hereinafter called the "Township" or "Employer") and Local #59, the New Jersey
State Policemen's Benevolent Association, hereinafter called the ("P.B.A.").
This Agreement represents and incorporates the complete and final understanding and
settlement by the parties on all bargainable issues which were or could have been the subject to
negotiations. During the terms of this Agreement, neither party will be required to negotiate with
respect to any such matter, whether or not covered by this Agreement, and whether or not within the
knowledge or contemplation of either or both of the parties at the time they negotiated or signed this
Agreement.
If any provision of the Agreement or any application of this Agreement to said employee or
group of employees is held to be invalid by operation of law or by a court or other tribunal of
competent jurisdiction, such provision shall be inoperative but all other provisions shall not be
affected thereby and shall continue in full force and effect.
In the event the invalid provision afford a direct economic benefit, the parties shall meet and
negotiate a new provision reflecting equal cost.
3
F
ARTICLE 1-RECOGNITION: DEFINITIONS
A.
B.
The Township hereby recognized the P.B.A. as the exclusive majority
representative for all Patrolmen and Sergeants in the Police Departmentof
the Township of Lower within the meaning of the New Jersey Employer -
Employee Relations Act, N.J.S.A. 34:13A-1.1 et seq.
When used in this Agreement, the following capitalized terms shall have
the meanings set forth below:
a. "Act" shall mean the New Jersey Employer-Employee Relations Act,
N.J.S.A 34:13A-1 et seq.
b.
"
Township Code" shall mean Chapter II of "revised General
Ordinances" of the Township of Lower, 1974 (hereinafter also referred
to as the "General Ordinances").
c. "Chief shall mean the Chief of the Department with those duties and
responsibilities as set forth in the Township's Administrative Code.
d. "Department" shall mean the Township of Lower Police Department.
e. "Police Headquarters" shall mean the main office for the Department
located at the Cape May County Airport complex in Lower Township,
New Jersey.
f. "Police Officer(s)", Member(s), and/or Employee(s) shall mean all
Patrolmen and Sergeants of the Department. These terms shall also be
defined to include the plural as well as the singular and to include males
and females.
4
ARTICLE 2 – LEGAL REFERENCE
A. Nothing contained herein shall be construed to deny or restrict to any Police
Officer such rights as he may have under any other applicable laws and regulations.
The rights granted the Police Officer hereunder shall be deemed to be in addition to
those provided elsewhere.
B.
The provisions of this Agreement shall be subject and subordinate to and
shall not annul or modify existing applicable provisions of State and local laws except
as such particular provisions of this Agreement modify existing local laws.
5
ARTICLE 3-MANAGEMENT RIGHTS
A.
The Township hereby retains and reserves unto itself, without limitations, all
powers, rights, authority, duties and responsibilities conferred upon and vested
in it prior to the signing of this Agreement by the laws and Constitution of the
State of New Jersey and of the United States, including, but without limiting the
generality of the foregoing, the following rights:
1. The executive management and administrative control of the Township's
properties and facilities and the activities of its employees;
2. To hire all employees and subject to the provisions of law, to determine their
qualifications and conditions for continued employment or assignment and
to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary action for good and
just cause according to law;
4. To establish a code of rules and regulations for operation of the Township's
police business.
5. To determine the standards of performance for police operations in
accordance with the laws, rules and regulations in the State of New Jersey.
6. To change, modify or promulgate police policies, rules and regulations.
7. To maintain efficiency of employees on the performance of their duties and
to maintain the efficiency of its operations.
8. To relieve employees from duty because of lack of work, lack of funding, or
legal cause, as permitted by law and in accordance with the rules,
regulations, and laws of the State of New Jersey, including but not limited
to requirements mandated by the Civil Service Commission.
9. To determine the amount of overtime to be worked.
10. To determine the standards of performance of employees and the content of
work assignments.
11. To determine the content of police work assignments.
12. To exercise complete control and discretion over the organization and the
technology of performing its work.
B.
The exercise of the foregoing powers, rights, authority, duties and responsibilities
of the Township, the adoption of policies, rules, regulations and practices in
furtherance thereof, and the use of judgment and discretion in connection
therewith shall be limited only by the specific and express terms of this
Agreement and then only to the extent such specific and express terms
hereof are in conformance with the Constitution and Laws of New Jersey
and of the United States.
C.
Nothing contained herein shall be construed to deny or restrict the Township of
its powers, rights, authority, duties and responsibilities under national, state,
county, or local laws or ordinances.
6
ARTICLE 4-P.B.A. REPRESENTATIVES
A.
The Township agrees to grant time off, not to exceed one week to any employee
designated by the P.B.A. to attend P.B.A. Local 59, State and International meetings
or conventions provided 72 hours written notice is given to the Chief by the
P.B.A. No more than one member shall be granted time off at any one time.
Exceptions may be made to this notice requirement in case of an emergency.
B.
Accredited representatives of the P.B.A. may enter Police Headquarters or the
Office of the Chief at reasonable hours for the purpose of observing working
conditions or assisting in the adjustment of grievances. When the P.B.A. decides
to have its representatives enter the Police Headquarters or Officeof the Chief, it
will request such permission from the appropriate Township representatives and
such permission will not be unreasonably withheld, as long as there is no
interference with the normal operations of the business of Township government
or with the normal duties of the Township's employees.
C.
During collective negotiations with the Township, authorized P.Β.Α.
representatives, not to exceed two, shall be excused from their normal work duties
to participate in mutually scheduled collective negotiation sessions that are
reasonable and necessary and shall suffer no loss of regular pay.
D.
Each member of the P.B.A. collective bargaining committee shall be provided a
copy of the present contract in its entirety.
7
A.
ARTICLE 5 - RETIREMENT
Employees shall retain all pension rights under the New Jersey law and General
Ordinances, as defined in Article I.
B.
Just prior to retirement, an Employee shall receive in a lump sum, all unused
vacation time which has accumulated in the year of retirement and immediately
preceding calendar year, together with all compensatory or other time off due him,
or time off at the Employees' option but, in either case, subject to approval of the
Chief of Police and the Township Manager. If the lump sum option is not approved,
the Employee shall be paid the amount due in equal monthly installments over a
period not to exceed 12 months. For purposes of this paragraph B, other time off
shall not include terminal leave set forth in paragraph C below of this Article 5.
C.
Upon regular retirement, an Employee will receive a terminal leave benefit based
upon the cash value of accumulated unused sick leave to a maximum of 180 days.
The Employee shall have the option to be paid the accumulated sick leave (i) in a
lump sum in cash (subject to the limitations set forth in Paragraph E below) or (ii)
as regularly scheduled pay checks until fully exhausted. For Employees hired on or
after January 1, 2000, the maximum terminal leave benefit will be $12,000.00, which
shall be increased to $15,000.00 effective January 1, 2007.
D.
Each retiring employee shall notify the Township of their intention to retire 30 days
prior to January 1 of the year of retirement, except in an emergency. If the employee
fails to notify the Township of his intent to retire prior to January 1 of the year of
retirement, the Township shall have the right to defer payment of amounts due
pursuant to Paragraphs B and C of this Article 5 until the next succeeding calendar
year, but no later than March 1 of such succeeding calendar year.
Ε.
F.
G.
The Employee shall have the option to defer the receipt of the amounts due pursuant
to Paragraphs B and C of this Article 5, in whole or in part, to the next succeeding
calendar year after retirement by notifying the Township, not less than 30 days prior
to retirement.
If an Employee desires to cease work prior to his/her official retirement date and
also desires to utilize vacation leave, personal days, terminal leave (pursuant to
Paragraph C of this Article) and compensatory time that has been accrued and
earned as of the date the Employee ceases work, the Employee shall provide written
notice to the Manager of his/her intention to do so. Upon the Manager's approval,
the Employee shall continue to receive such paid leave benefits in regularly
scheduled installments up to the earlier of the official date of retirementor until such
leave benefits are exhausted; provided, however, that no additional paid leave
benefits shall accrue after the date the Employee ceases work. This provision shall
be effective March 1, 2009.
If an Employee pending retirement continues to receive paid leave pursuant to Paragraph
F of Article 5, such Employee shall not be subject to any provision requiring the "recall"
8
of Employees to work, Such Employee shall also not be subject to firearms qualification
or drug testing unless otherwise mandated by federal or state law.
9
A.
E.
B.
C.
D.
ARTICLE 6-LEAVE OF ABSENCE
Family/Medical Leave of Absence will be granted in accordance with the provisions
of the Federal Family and Medical Leave Act ("FMLA") and the New Jersey Family
Leave Act ("NJFLA") and the regulations promulgated thereunder. Under the
provisions of these statutes, the Employee is entitled to twelve (12) weeks of leave
during a twelve (12) month period, which leave may be extended at the request of the
Employee, upon good cause shown, for up to a total of six (6) additional months
(excluding the initial twelve (12) week period). The Employee shall be entitled to
leave for the Employee's own serious health condition, or the need to care for a
spouse, child or parent with a serious health condition. In addition, the Employee
may take leave to care for a parent, child or parent-in-law. The circumstances under
which leave may be taken vary depending on the type of leave requested and the
Employer will grant leave in accordance with the provisions of each statute, the
regulations issued for each statute, and judicial decisions interpreting the
requirements of each statue. If the Employee takes FMLA or NJFLA Leave, the
Employee may, at the Employee's option use accrued sick leave, vacation and other
administrative leave during the FMLA or NJFLA Leave. The Employer retains all
rights to require proper certification from a healthcare provider pursuant to all
Applicable Laws. Any other leave of absence shall be granted in the sole and absolute
discretion of the Township Manager and shall not be for a period in excess of six (6)
months.
Any unpaid leave of absence granted because of illness or disability will not result in
cessation of insurance, health and welfare benefits set forth in Article 12. The
Employee shall not earn any seniority during the period of such leave of absence, and
there will be no additional accrual of vacation, sick and personal days during the
period of such leave of absence.
As to any unpaid leave of absence granted for any reason other than illness or
disability, the Township shall have sole discretion to determine if such leave will
result in a cessation of insurance, health and welfare benefits during such leave of
absence. The Employee shall not earn any seniority during the period of such leave
of absence, and there will be no additional accrual of vacation, sick and personal days
during the period of such leave of absence..
Unless otherwise specifically set forth in this Agreement to the contrary, all of the
provisions of the New Jersey Department of Personnel Regulations concerning leaves
of absence, as set forth in Title 4A of the New Jersey Administrative Code, Chapter
6, Subchapter 1, as applied to State service, shall applyto the P.B.Α.
Before an Employee goes on FMLA or NJFLA Leave without pay, the Employee shall
be entitled to use of all sick, vacation and personal days which have been credited to
the Employee at the beginning of the year. The Employee also acknowledges that sick,
vacation and personal days are not earned during an FMLA or NJFLA Leave or any
other unpaid leave of absence. Accordingly, [i] if an Employee on such leave does not
return to work, he shall reimburse the Employer for the paid sick, vacation and
personal days used in excess of his prorated entitlements as set forth in Paragraphs 9F,
10
11E and 15C of this Agreement, or [ii] if an Employee on such leave does return to
work, the sick, vacation, and personal days to be credited in the future shall be reduced
by such days used in excess of his prorated entitlements.
11
A.
B.
C.
ARTICLE 7-- DEDUCTION FROM SALARY
The Township agrees to deduct from the salaries of the Employees, subject to this
Agreement, dues for the P.B.A. Such deductions will be made in compliance with
N.J.S.A. 52:14-15.9(e), as amended. Said monies together with records of any
collections shall be transmitted to the P.B.A. office during each month following the
monthly pay period in which deductions were made.
If during the life of the Agreement there shall be any change in the rate of
membership dues, the P.B.A. shall furnish to the Township written notice in a
timely manner, prior to the effective date of such change and shall furnish to
the Township new authorization from its members showing the authorized
deductionfor each Employee.
The P.B.A. will provide the necessary "check-off authorization" cards submitted
by the P.B.A. to the Township.
12
ARTICLE 8 - WORK WEEK – OVERTIME
A.
For the purposes of this Article, a work-period shall be defined as a 28 day period
commencing 12:01 a.m. on Sunday morning and ending 28 days later at 11:59 p.m.
Saturday night. If the Township is determined to have a non-negotiable managerial
prerogative to return to an eight-hour work day, the Employees shall work 21 eight-
hour work days, totaling 168 hours, during each 28 day work-period. The exact
days and hours to be worked hereunder and under Paragraph D below shall be
determined by the Township. There shall be no overtime hereunder or under
Paragraph D below unless an Employee works in excess of 168 hours for any 28
Day work-period.
B.
C.
D.
If an Employee is called to duty on his day off, he shall be paid for all hours worked
at time and one half rates and be guaranteed two hours minimum. The Township
shall have the right to retain the Employee on the job for the entire minimum
period.
Each Employee shall have the option to take compensatory time ("Comp Time")
up to a limit of 480 hours in lieu of payment at the rate of time and one-half the
Employee's pay for overtime accrued as "operational overtime." Comp Time shall
be accrued at the rate of one and one-half hour Comp Time for one hour of overtime
worked. For the purposes of this Article, operation overtime shall be defined as
overtime accrued through recall to duty or from working more than eight hours per
shift. The "extra days" as defined above may not be utilized as Comp Time. Comp
Time under this paragraph may be granted or withheld in sole discretion of the
Chief of Police. In the event that Comp Time is denied by the Chief, the Employee
shall be compelled to accept regular overtime pay ion lieu thereof.
The work schedule shall remain as changed on February 13, 2001. That work
schedule shall be described as having a 28 day work cycle, totaling 168 hours based
upon twelve (12) hour work days requiring fourteen (14) twelve-hour work days
for each 28 day work-period. All references in this Agreement to vacation, sick,
personal and other days of leave shall be converted to hours, such that every 8
hours equals one day. In the event that the Township asserts that it has a non-
negotiable managerial prerogative under existing case law to effectuate change
in this work schedule, nothing herein shall be construed to constitute a waiver
of its non-negotiable managerial prerogatives.
13
ARTICLE 9 – VACATIONS
A. Each Police Officer shall be permitted to exercise his annual vacation period between
January 1 and June 30 and the first Tuesday after Labor Day and December 31, excepts as
set forth in Paragraph B below.
B. All Police Officers will be permitted to take vacation between June 30 and the first Tuesday
after Labor Day; vacation shall not be longer than one six day week and shall not be taken
when the officer is working the 4:00 p.m. to 12:00 p.m. (midnight) tour. Disputes
concerning summer vacations shall be grievable but not arbitrable.
C. The annual vacation period for Police Officers shall be as follows:
Up to the first year of working service
After 1 year and up to 5 years
After 5 years and up to 10 years
After 10 years and up to 15 years
1 day per month worked
12 working days
15 working days
20 working days
25 working days
After 15 years
D. Vacation leave must be taken during the calendar year at such time as permitted or directed
by the appointing authority unless the appointing authority determines that it cannot be
taken because of the pressure of work. Any vacation leave accruing in any calendar year
after 1981 which is unused by an Employee within that calendar year must be used within
the following year or it shall be lost to the Employee.
E. Effective January 1, 2007, Vacation leave entitlements for the entire year shall be credited
to the Employee at the beginning of each calendar year in anticipation of continued
employment for the full year. In the event the employee terminates employment, takes a
leave of absence, or has any other change in status where such leave is not earned for a
portion of the year, the Employer shall recover the prorated value of vacation leave, and if
the Employee utilizes more leave than is earned, he shall be required to reimburse the
Employer for the value of the used, but unearned, leave. For the purpose hereof, the
prorated value of the vacation leave shall be determined by [i] dividing the number 52 into
the number of full weeks in such year as of the date of such termination of employment,
leave or change in status, then [ii] multiplying such fraction by the total number of vacation
days credited at the beginning of such year, and then [iii] subtracting the vacation days
used in such year.
14
ARTICLE 10-HOLIDAYS
A. Employees shall be entitled to the following 14 holidays:
New Years Day
Martin Luther King Day
Presidents Day
Good Friday
Memorial Day
Juneteenth
Fourth of July
Labor Day
(Columbus Day
General Election
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas Day
Except for Columbus Day, the Holidays shall be compensated by granting equal
compensatory time off, to be taken at the Township's discretion within the vacation period
and may only be carried over pursuant to the terms of Article 9, Paragraph D.
B. Officers actually working on the above legal holidays will receive compensation for
that day's work at the rate of time and one-half of the Employee's straight time pay.
C. When there is any unscheduled closing of the Township Municipal Hall where other
Township employees are paid for that time, officers actually working on that day will
be compensated for any hours of closing in compensatory time at the straight time
rate. Should a holiday be declared, not listed in Paragraph A of this Article, those
Employees who work on said declared holiday shall be given equivalent compensatory
time in lieu of the holiday. Unscheduled closings shall not be intended to include any
situation where a legal holiday or any of the legal holidays listed above falls on a
Saturday or Sunday, thereby necessitating the observance of such holiday on the
preceding Friday or subsequent Monday.
15
ARTICLE 11 – SICK LEAVE
A. Service Credit for Sick Leave.
(i)
All permanent Employees shall be entitled to sick leave with pay based on
their aggregate years of service.
(ii) Sick leave may be utilized by employees who are unable to work because of:
1. Personal illness or injury (see N.J.A.C. 4A:6-21B for Federal family and
medical leave); or
2. Exposure to contagious disease (see N..J.A.C. 4A:6-1,21B for Federal family
and medical leave); or
3. Care, for a reasonable period of time, of a seriously ill member of the
employee's immediate family (see N.J.A.C. 4A:1-1.3 for definition of immediate
family, see N.J.A.C. 4A:6-1.21A for family leave under State law and see
N.J.A.C. 4A:6-1.21B for Federal family and medical leave); or
4. Death in the employee's immediate family, for a reasonable period of time; or
5. Sick leave may be used by an employee with a disability for absences related
to the acquisition or use of an aid for the disability when the aid is necessary to
function on the job. In such cases, reasonable proof may be required by the
appointing authority; or
6. Any additional use of sick leave provided for by New Jersey Law, Federal Law
and/or Township Ordinances and Code.
(iii) If an Employee in the line of duty is incapacitated and unable to work because
of an injury, he shall be entitled to injury leave with full pay during the period in
which he is unable to perform the duties, as certified by the Township's and
Employee's own doctor. Such payment shall be discontinued when an employee
is placed on disability or pension.
B. Amount of Sick Leave.
(i)
The minimum sick leave with pay shall accrue to any full-time Employee
on the basis of 15 days per year.
(ii) Any amount of sick leave allowance not used in any calendar year shall
accumulate to the Employee's credit from year to year to be used if and
when needed for such purpose.
(iii)
An employee shall not be reimbursed for accrued sick leave at the time of
termination of his employment. Upon termination, the Township shall
certify to the Department of Civil Service, the Employee's accumulated
sick leave which shall be made part of the Employee's record.
16
C. Reporting of Absence on Sick Leave.
(i)
If an Employee is absent for reasons that entitle him to sick leave, his
supervisor shall be notified prior to the Employee's starting time.
Failure to so notify his supervisor may be cause for denial of the use of
sick leave for that absence and constitute cause for disciplinary action.
(ii)
(iii) Absence without notice for five (5) consecutive days shall constitute job
abandonment resulting in a resignation not in good standing pursuant to
NJAC 4A:2-6.2.
D. Verification of Sick Leave.
(i)
(ii)
An Employee who shall be absent on sick leave for three or more consecutive
working days shall be required to submit acceptable medical evidence
substantiating the illness. The Township may require proof of illness of an
Employee on sick leave, however, whenever such requirement appears
reasonable. Abuse of sick leave shall be cause for disciplinary action.
In case of leave of absence due to exposure of contagious disease, a certificate
form the New Jersey Department of Health shall be required.
(iii) The Township may require an Employee who has been absent because of
personal illness, as a condition of his return to duty be examined, at the
expense of the Township by a physician of the Employee's choice, or
Township's choice. Such examination shall establish whether the Employee
is capable of performing his normal duties and that his return will not
jeopardize the health of other employees of the Township.
E. Effective January 1, 2007, Sick leave entitlements for the entire year shall be credited
to the Employee at the beginning of each calendar year in anticipation of continued
employment for the full year. In the event the Employee terminates employment,
takes a leave of absence, or has any other change in status where such leave is not
earned for a portion of the year, the Employer shall recover the prorated value of sick
leave, and if the Employee utilizes more leave than is earned, he shall be required to
reimburse the Employer for the value of the used, but unearned leave. For the
purposes hereof, the prorated value of the sick leave shall be determined by (i)
dividing the number 52 into the number of full weeks in such years as of the date of
such termination of employment, leave or change in status, then (ii) Multiplying such
fraction by the total number of sick days credited at the beginning of such year, and
then (iii) subtracting the sick days used in such year.
17
ARTICLE 12-INSURANCE, HEALTH & WELFARE
A. The Township shall provide the following health benefits for all permanent
and provisional Employees working 30 hours per week or more, and their
dependents (up to and including the age of 26 years for children), beginning
on the first day and third month after two months of active employment. For
Dental and Vision, dependents shall be defined as set forth in current
provider contracts between the Township and applicable dental and vision
care providers.
i. The New Jersey State Health Plan NJ Direct 2030 shall remain the base plan. The
Parties seek to allow for the Township to provide an alternative method of insurance
coverage with the same level of health benefits to employees with cost savings to both
parties. To accomplish this, the Parties agree that if the Township provides a 2035
plan with an HRA card, the PBA shall accept and use the New Jersey State Health
Plan NJ Direct 2035 coverage combined with an HRA card to pay for employee out of
pocket costs as long as employees have at least the same coverage, networks and out
of pocket costs that would be realized by employees if they were in the New Jersey
State Health Plan NJ Direct 2030 plan. In the event the Township cannot offer New
Jersey State Health Plan NJ Direct 2035 coverage combined with an HRA card to pay
for employee out of pocket costs so that employees have at least the same coverage,
networks and out of pocket costs that would be realized by employees if they were in
the New Jersey State Health Plan NJ Direct 2030 plan, employees shall be put back in
the New Jersey State Health Plan NJ Direct 2030 plan. The Township reserves the
right to change the third party administrators and/or health plans as long as the benefit
levels provided (including retirees) are equal to or greater than the New Jersey State
Health Plan NJ Direct 2030 (#052). See attached Schedule C. The Township agrees
that should the change result in less coverage, the Township will make up the
difference to the affected individual.
ii. A prescription drug plan equal to or greater than the New Jersey State Health Plan
NJ Direct 2030 (#052) prescription plan (The Township may maintain the current
#206 plan if the #52 plan is unavailable through SHBP). See attached Schedule
C.
iii.
Dental plan with payment limitations as follows:
i.
Preventative maintenance, etc.
100%
ii.
Diagnostic
85%
iii. Restorative Treatment
85%
iv.
Endodontics and periodontics
85%
V.
Orthodontics
85%
vi.
Prosthodontics-fixed and removed
85%
vii.
Oral surgery-includes extraction and other oral
viii. Surgery procedures usually employed by a
ix.
Dentist, including pre and post-operative care
85%
18
iv.
Χ.
Maximum benefit: $1,300 per person per calendar year; $3,100
lifetime maximum per person for orthodontic service, for the term
of this Agreement. There shall be a zero deductible
A vision care plan with benefits payable only once every 24 months, except vision
analysis which shall be annually (to allow for eye exams annually and contacts,
glasses etc., every two years) as follows:
i.
Vision Analysis
$145
ii.
Single Vision Lenses
$135
iii.
Bifocal Lenses
$150
iv.
Multi Focal Lenses
$165
V.
Contact Lenses
$175
vi.
Frames
$150
V.
i.
ii.
iii.
These benefits start, in their amended form, as soon as practicable after execution
of this Agreement by both parties, and will continue for the life of this Agreement
and thereafter unless otherwise negotiated, subject to the provision of Paragraph D
below.
B. The Township shall provide the following SHBP retiree health benefit coverage
for retired Employee up to 65 years age or whenever the retired Employee is first
eligible for Medicare:
Eligibility
a. Employee retires before age 62 with at least 20 years service with the Township
and 25 years of service credit as required under N.J.S.A. 40A:10-23 and/or
N.J.S.A. 52:14-17.38.
b. Coverage is for the retired Employee, spouse and eligible dependents until
Medicare eligibility. "Eligible dependents" are determined pursuant to applicable
law and the terms of this agreement. See Section "A" of this Article. In the event
of a retired employee's death, the spouse will continue to receive the described
benefits until remarriage or Medicare eligibility. Upon retired employee's death,
dependents receiving benefits will continue to receive the same until they are
ineligible due to age or otherwise..
c. Employee receives an accidental disability retirement and/or ordinary disability
retirement resulting from an on-the-job injury.
Benefits
All benefits set forth in Paragraph A[i] through A[v] above except, retirees shall be
enrolled in the SHBP NJ Direct 2030 for retirees. See Schedule E.
Coordination of Benefits.
19
If the retired Employee takes a job with an employer who provides health benefits,
he/she must obtain primary coverage thereunder, and the Township will be
secondary insurer. When the Employee is no longer employed by the subsequent
employer, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section. If the retired Employee's spouse has or takes
another job which provides health benefits, the Employee's spouse may or may not
accept primary health benefits from such employer. If he/she accepts such benefits,
the Township will be the secondary insurer. The failure of the spouse to accept
primary health benefits under his/her employer shall result in a waiver of health
benefits by such spouse hereunder. In the event the Employee's spouse is no longer
employed, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section.
C. The Township shall provide the following health benefits coverage for retired
Employees who have reached Medicare eligibility.
(i) Eligibility
(ii)
a. Employee retired with at least 20 years service with the Township, not
necessarily continuous, and 25 years of service credit as required
under N.J.S.A. 40A:10-23 at the time of retirement.
b. Employee retired at age 65 or older but less than 15 years service with
the Township, shall be allowed to participate in any Township group
plans for supplemental Medicare Insurance (if the Township provides
one) and prescription program as longs as the Employee pays the
premiums.
c. Coverage is for retired Employee and spouse, both of who have
reached Medicare eligibility. When either Employee or spouse
reaches Medicare eligibility, the other will continue to receive
coverage as described under Paragraph B, until he/she also reaches
Medicare eligibility. In the event of a retired Employee's death, the
spouse will continue to receive the described benefits until remarriage.
Upon a retired employee's death, the employee's eligible dependents
receiving benefits will continue to receive the same (at retiree co-pay
rates) until they are ineligible due to age or otherwise. "Eligible
dependents" are determined pursuant to applicable law and the terms
of this agreement. See Section "A" of this Article.
d. Employee receives an accidental disability retirement or receives and
ordinary disability retirement from an on-the-job injury.
The Township shall provide health benefits to retirees age 65 and over as
follows:
20
(iii)
a. The retiree may choose not to enroll in the Supplemental Plan
maintained by the Township, in which case the retiree shall be paid
the sum determined below respectively to defer the cost of obtaining
alternate health insurance. If married, the spouse is Medicare eligible,
an additional sum of the same amount shall be paid for the retiree's
spouse. Such amounts shall be adjusted annually as follows:
2024-$$1,167.84
2025-$$1,167.84
2026
--- Document: Chief K ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2021-101
Title:
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWNSHIP OF LOWER
AND WILLIAM PRIOLE, LOWER TOWNSHIP CHIEF OF POLICE
WHEREAS, extensive negotiations were conducted by the Township Manager and Labor Counsel with
Lower Township Chief of Police William Priole; and
WHEREAS, the parties have reached an agreement; and
WHEREAS, the Township Manager and Labor Counsel recommend the Township Council's approval of the
attached agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the attached Agreement between the Township of Lower and William Priole,
Lower Township Chief of Police is hereby approved.
BE IT FURTHER RESOLVED that the Mayor, Township Manager and Township Clerk are hereby
authorized and directed to execute the Agreement attached hereto on behalf of the Township.
MOTION
SECOND
AYE
NAY
RECUSE
ABSTAIN
ABSENT
CONRAD
COOMBS
ROY
PERRY
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on March 1,
2021.
Julie A Picard, Township Clerk
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
AND
WILLIAM PRIOLE
THE CHIEF OF POLICE
OF THE TOWNSHIP OF LOWER
TABLE OF CONTENTS
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE CHIEF OF POLICE OF THE
TOWNSHIP OF LOWER
Article 1
Employment
Article 2
Management Rights
Article 3
Duties and Responsibilities of the Chief of Police
Article 4
Work Week
Article 5
Sick Leave
Article 6
Injury Leave
Article 7
Funeral Leave
Article 8
Vacation Days
Article 9
Holiday Time
Article 10
Personal Days
Article 11
Medical Insurance, Health and Eye Examination Plan
Article 12
Clothing Allowance
Article 13
Personal Car
Article 14
College Credits
Article 15
Compensation
Article 16
Longevity Pay Increases
Article 17
Retirement
Article 18
Legal Defense
Article 19
Professional Development/Law Enforcement Conferences
Article 20
Non-Precedent Agreement
Article 21
Continuation of Benefits not Covered by this Agreement
Article 22
Entire Agreement
Article 23
Separability and Savings and Application
Article 24
Effective Date and Term
1
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE CHIEF OF POLICE OF
THE TOWNSHIP OF LOWER
THIS AGREEMENT dated
2021 is by and between the
Township of Lower, a municipal corporation of the County of Cape May,
State of New Jersey, (herein after referred to as the "Township") and William
Priole, of North Cape May, New Jersey 08204, (herein referred to as "The
Chief").
RECITALS
WHEREAS, William Priole has been pappointed Chief of Police of Lower
Township since January 1, 2021 and has performed admirably in that
position;
WHEREAS, the Township and the Chief wish to continue this relationship for
the foreseeable future upon terms deemed acceptable to both parties;
WHEREAS, the parties further seek to memorialize the terms of this
employment relationship in writing; and
NOW THEREFORE the parties agree as follows:
ARTICLE 1
EMPLOYMENT: The Township agrees to employ William Priole as the Chief
of Police of the Township of Lower Police Department, during good behavior
and in accordance with New Jersey State Statute and New Jersey Civil
Service Regulations subject to the terms and conditions of employment set
forth in this agreement.
ARTICLE 2
MANAGEMENT RIGHTS: The Township hereby retains and reserves unto
itself all powers, rights, authority, duties, and responsibilities conferred
upon and invested in it prior to the signing of this agreement, by the laws
and constitution of the State of New Jersey and of the United States, except
those limited by the specific and expressed terms of this agreement and then
only to the extent that such specific and expressed terms hereof are in
conformance with the constitution and laws of New Jersey and of the United
States.
2
ARTICLE 3
DUTIES AND RESPONSIBILITIES OF THE CHIEF: The Chief shall perform
his duties in a diligent manner in conformance with New Jersey State
Statute NJSA 40A:14-118, in compliance with Township ordinances and the
regulations and policies established by the New Jersey Attorney General's
office. The responsibilities of the Chief shall include, but not be limited to the
following:
A.
B.
C.
D.
Ε.
F.
G.
Conduct and manage the day to day operations of the police
department.
Administer and enforce rules, regulations, and special emergency
directives regarding the disposition and discipline of the police
force, its officers and personnel.
Have exercise and discharge the functions, powers, and duties of
the police force.
Delegate such of his authority as he may deem necessary for the
efficient operation of the force to be exercised under his direction
and supervision.
Prescribe the duties and assignments of all subordinates and
other personnel.
Report at least monthly at the regular meetings of the Township
or by any such other forms as the Township shall require as to
the operation of the police force during the preceding month.
Report from time to time with the Township Manager and the
Mayor regarding the operations of the Police Department.
ARTICLE 4
WORK WEEK: The position of Chief is a salaried position compensated
pursuant to the salary paragraph in this contract.
This shall mean that the Chief shall dedicate himself to performing his
duties without respect to a specific minimum or maximum number of hours
worked per day of each week.
However, the Chief shall work on average a minimum of 40 hours per week.
Time requirements for optimal job performance vary based on specific
assignments, seasonal demands or other factors. All parties endorse a policy
of flexibility which allows the Chief to adjust normal working hours as
conditions require to include all hours which enable the Chief to complete
routine duties of his office and to perform special duties as assigned, attend
meetings as assigned, to work hours as required in order to complete critical
work tasks or handle emergency conditions as they arise.
3
ARTICLE 5
SICK LEAVE: The Chief shall be entitled to utilize accumulated sick leave as
provided for in the then current Township Police Superior Officers' Collective
Bargaining Contract.
ARTICLE 6
INJURY LEAVE: The Chief shall be entitled to injury leave as provided for in
the then current Township Police Superior Officers' Collective Bargaining
Contract.
ARTICLE 7
FUNERAL LEAVE: In the event of the death in the Chief of Police's
immediate family, the Chief of Police shall be given five (5) days leave with
pay for a family member within the State of New Jersey and seven (7) days
leave with pay if not within the State of New Jersey.
Immediate family shall mean spouse, sibling, child or grandchild, parent,
parent-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law.
ARTICLE 8
VACATION DAYS: The Chief shall be entitled to vacation days as provided
for in the then current Township Police Superior Officers' Collective
Bargaining Contract.
Additionally, the position of Chief requires an intensive number of hours
which could occur during normal days off and in recognition of this fact, the
Chief shall be permitted to sell back to the Township two weeks of
accumulated vacation. Vacation time carried forward must be used by
December 31st of the following year.
ARTICLE 9
HOLIDAY TIME: The Chief shall be entitled to the same holidays as provided
for in the then current Township Police Superior Officers' Collective
Bargaining Contract.
ARTICLE 10
4
PERSONAL DAYS: The Chief shall be entitled to the same number of
personal days as provided for in the then current Township Police Superior
Officers' Collective Bargaining Contract.. (Such personal days shall not
accumulate from year to year.)
ARTICLE 11
MEDICAL INSURANCE, HEALTH, AND EYE EXAMINATION PLAN:
1. The Chief shall have the same medical insurance, health,
prescription, dental and eye examination coverage as specified in
the then current Township Police Superior Officers' Collective
Bargaining Contract.
2.
Upon retirement the Chief of Police shall be entitled to receive
retiree health, dental, prescription and eye insurance coverage
consistent with the then current Township of Lower Police
Superior Officers' Collective Bargaining Contract as of the date of
his retirement, as though the Chief of Police was a retired
member of that unit. Upon his death, his spouse will receive
health, dental and eye insurance coverage along with the drug
prescription plan as provided for in the then current Township
Police Superior Officers' Collective Bargaining Contract as of the
date of his retirement, as if the Chief of Police were still living so
long as she does not re-marry.
3.
Upon reaching the age of sixty-five (65) years of age or whenever
the retired Employee is first eligible for medicare, the Township
shall provide to the Chief health benefits in accordance with the
health benefits provided to retirees age sixty-five (65) or whenever
the retired Employee is first eligible for medicare as provided for
in the then current Township Police Superior Officers' Collective
Bargaining Contract as of the date of his retirement.
ARTICLE 12
CLOTHING ALLOWANCE:
1.
The Chief of Police shall not receive a clothing allowance.
2.
It shall be left to the professional discretion of the Chief of Police
as to when he should wear a formal or informal uniform or plain
clothes.
5
ARTICLE 13
PERSONAL CAR:
1. Due to the nature of the employment conditions of the Chief of
Police, the Township agrees to supply the Chief with an
unmarked automobile to be used for police work and limited
personal use. The make and model of the automobile shall be
determined by the Township however, it shall be a full size four
door car or SUV and shall be equipped with such safety
equipment as needed for police work.
2.
3.
4.
The Chief of Police shall be permitted to use the vehicle for his
limited personal use within Cape May County. There shall be no
limit on the use of the vehicle for police work or anything
associated with police work, such as attending meetings, in-
service training, conferences, and any other traveling needed to
carry out the duties of the Chief.
The Township shall pay all expenses for the operation and up
keep of the vehicle such as car insurance, tires, gas, oil changes,
etc.
The vehicle shall not be used by anyone other than the Chief of
Police except that the Chief of Police may designate other
members of the police department as appropriate, to use the
vehicle for a designated police purpose.
ARTICLE 14
COLLEGE CREDITS:
The Chief of Police shall no longer be entitled to payment for college credits.
ARTICLE 15
COMPENSATION:
During the terms of this Agreement the Chief shall receive the following base
wages:
5
2021 $161,307.00
The Chief and the Township agree to discuss the potential for a wage
6
adjustment should there be a merger of police departments or should the
Township's Police Department enter into a contract to provide police services to
another municipality.
ARTICLE 16
LONGEVITY PAY INCREASES:
The Chief of Police is not entitled to Longevity Pay.
ARTICLE 17
RETIREMENT:
The Chief shall retain all pension rights under New Jersey Law. Upon
retirement, the Chief shall receive a terminal leave benefit based upon the cash
value of accumulated unused sick leave to a maximum of 180 days. The Chief
may elect that such payments be made over two (2) budget years prior to the
Chief's 25th year of service and/or retirement date. Just prior to retirement, an
Employee shall receive in a lump sum, all unused vacation time which had
accumulated in the year of retirement and immediately preceding calendar
year, together with all compensatory or other time off due him, or the time off
at the Employees' option but, in either case, subject to approval of the Chief of
Police and the Township Manager. If the lump sum option is not approved, the
Employee shall be paid the amount due in equal monthly installments over a
period not to exceed 12 months.
ARTICLE 18
LEGAL DEFENSE:
1.
2.
The Township shall supply the Chief of Police with necessary legal
advice and counsel in the defense of charges filed against him in
the performance of his duties in accordance with the laws of the
State of New Jersey and of the United States. A selection of an
attorney may be made by the Chief of Police subject to the approval
of the Township and such approval shall not be unreasonably
withheld by the Township. The Township shall similarly be
responsible for indemnification and counsel, in connection with all
claims including compensatory and punitive damages for actions
filed subsequent to the expiration of this agreement.
In the event that the Chief of Police utilizes counsel other than that
supplied by the Township, the fees and costs shall be agreed upon
by the attorney and the Township prior to the attorney performing
such services.
7
ARTICLE 19
PROFESSIONAL DEVELOPMENT/LAW ENFORCEMENT CONFERENCES:
1. The Chief shall be permitted to attend and be compensated for at
his regular salary, any school, seminar, or in-service training
conducted or sponsored by the International Association of
Chiefs' of Police, the New Jersey State Association of Chiefs' of
Police, the New Jersey State Police, the Federal Bureau of
Investigation, or any other educational program of a management
or supervisory nature provided that the same is approved by the
Township Manager in advance. All expenses such as travel, room,
food, tuition, special clothing, books, or any other charges
connected with these educational programs, will not be paid for
by the Township, unless otherwise agreed in advance.
2.
International Association of Chiefs' of Police Annual Training
Conference: The Township agrees to grant paid training time off
including travel time, of no more than five (5) days, for the Chief
of Police to attend the annual International Association of Chiefs'
of Police Training Conference which is held in various states
throughout the United States each year. All costs and expenses
associated with attendance will not be paid for by the Township,
unless otherwise agreed in advance. If paid by the Township, the
Township Manager will establish a maximum per diem rate for
meals not to exceed $100 per day and the Chief will be required
to provide receipts for all expenditures.
The Chief of Police shall also be required to provide a written
report to the Township Manager, which details the information
presented at the conference, including how such information is
valuable and useful to the Lower Township Police Department.
3.
Membership Dues: The Township also agrees to pay for the Chief
of Police's dues for membership in the Cape May County Police
Chiefs' Association, the South Jersey Police Chiefs' Association,
the New Jersey State Association of Police, the New Jersey F.B.I.
National Academy Associates, and the International Association of
Chiefs' of Police. The amount of membership dues shall not
exceed the actual cost.
ARTICLE 20
NON-PRECEDENT:
This contract shall not be interpreted or used as a guide or benchmark for
any other employment contract or terms and conditions of any other
employee including Collective Bargaining Agreements, and shall not be
8
deemed an increase in salary given to all other municipal Officers and
employees.
ARTICLE 21
CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT:
All employment conditions not covered by this agreement shall continue to
be governed, controlled, and interpreted by reference to either the Township
Ordinances or the then current Township Police Superior Officers' Collective
Bargaining Contract however, the parties agree that unless a benefit is
specifically referred to in this agreement, the Chief will not be entitled to the
benefit.
ARTICLE 22
ENTIRE AGREEMENT:
This agreement represents and incorporates the complete and final
understanding between the parties on all issues which form the subject
matter of this contract.
In the event of any conflict or dispute, it shall be resolved first through non-
binding alternative dispute resolution and if not settled, then through
binding arbitration in accordance with the rules of the American Arbitration
Association, if requested by the Chief or the Township.
ARTICLE 23
SEPARABILITY AND SAVINGS AND APPLICATION:
If any provision of the Agreement or any application of this Agreement to
said employee or group of employees is held to be invalid by operation of law
or by a court or other tribunal of competent jurisdiction, such provision
shall be inoperative but all other provisions shall not be affected thereby and
shall continue in full force and effect.
ARTICLE 24
2021
TERM: The term of this Agreement shall commence on January
through December 31, 2021 and thereafter from year to year until otherwise
negotiated by the parties. No separation of the Chief shall occur except
under the requirements of the State of New Jersey Statutes And the New
Jersey Civil Service Regulations. The terms of this Agreement may only be
modified by the mutual consent of the parties.
9
IN WITNESS THEREOF, the parties, hereto have caused this document to be
properly signed and sealed this
day of Mach
2021.
BY:
BY:
BY:
William Priole, Chief of Police
Michaelay
Michael Laffey, Township Manager
Mayor Frank Sippel
D
BY:
Julie Picard, Township Clerk
10
--- Document: evin Lewis ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2022-396
Title:
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWNSHIP OF LOWER
AND KEVIN LEWIS, LOWER TOWNSHIP CHIEF OF POLICE
WHEREAS, extensive negotiations were conducted by the Township Manager and Labor Counsel with
Lower Township Chief of Police Kevin Lewis; and
WHEREAS, the parties have reached an agreement; and
WHEREAS, the Township Manager and Labor Counsel recommend the Township Council's approval of
the attached agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the attached Agreement between the Township of Lower and Kevin Lewis,
Lower Township Chief of Police is hereby approved.
BE IT FURTHER RESOLVED that the Mayor, Township Manager and Township Clerk are hereby
authorized and directed to execute the Agreement attached hereto on behalf of the Township.
CONRAD
MOTION SECOND AYE
+
NAY
RECUSE ABSTAIN ABSENT
COOMBS
ROY
PERRY
SIPPEL
1, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on December
19, 2022.
Julie A Picard, Township Clerk
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
AND
KEVIN LEWIS
THE CHIEF OF POLICE
OF THE TOWNSHIP OF LOWER
TABLE OF CONTENTS
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE CHIEF OF POLICE OF THE
TOWNSHIP OF LOWER
Article 1
Employment
Article 2
Management Rights
Article 3
Duties and Responsibilities of the Chief of Police
Article 4
Work Week
Article 5
Sick Leave
Article 6
Injury Leave
Article 7
Funeral Leave
Article 8
Vacation Days
Article 9
Holiday Time
Article 10
Personal Days
Article 11
Medical Insurance, Health and Eye Examination Plan
Article 12
Clothing Allowance
Article 13
Personal Car
Article 14
College Credits
Article 15
Compensation
Article 16
Longevity Pay Increases
Article 17
Retirement
Article 18
Legal Defense
Article 19
Professional Development/Law Enforcement Conferences
Article 20
Non-Precedent Agreement
Article 21
Continuation of Benefits not Covered by this Agreement
Article 22
Entire Agreement
Article 23
Separability and Savings and Application
Article 24
Effective Date and Term
1
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE CHIEF OF POLICE OF
THE TOWNSHIP OF LOWER
THIS AGREEMENT dated
2022 is by and between the
Township of Lower, a municipal corporation of the County of Cape May,
State of New Jersey, (herein after referred to as the "Township") and Kevin
Lewis, of North Cape May, New Jersey 08204, (herein referred to as "The
Chief").
RECITALS
WHEREAS, Kevin Lewis has been provisionally appointed Chief of Police of
Lower Township since January 1, 2022 and has performed admirably in that
position;
WHEREAS, the Township and the Chief wish to continue this relationship for
the foreseeable future upon terms deemed acceptable to both parties;
WHEREAS, the parties further seek to memorialize the terms of this
employment relationship in writing; and
NOW THEREFORE the parties agree as follows:
ARTICLE 1
EMPLOYMENT: The Township agrees to employ Kevin Lewis as the Chief of
Police of the Township of Lower Police Department, during good behavior and
in accordance with New Jersey State Statute and New Jersey Civil Service
Regulations subject to the terms and conditions of employment set forth in
this agreement.
ARTICLE 2
MANAGEMENT RIGHTS: The Township hereby retains and reserves unto
itself all powers, rights, authority, duties, and responsibilities conferred upon
and invested in it prior to the signing of this agreement, by the laws and
constitution of the State of New Jersey and of the United States, except those
limited by the specific and expressed terms of this agreement and then only
to the extent that such specific and expressed terms hereof are in
conformance with the constitution and laws of New Jersey and of the United
States.
2
ARTICLE З
DUTIES AND RESPONSIBILITIES OF THE CHIEF: The Chief shall perform
his duties in a diligent manner in conformance with New Jersey State Statute
NJSA 40A:14-118, in compliance with Township ordinances and the
regulations and policies established by the New Jersey Attorney General's
office. The responsibilities of the Chief shall include, but not be limited to the
following:
Conduct and manage the day to day operations of the police
department.
A.
B.
Administer and enforce rules, regulations, and special emergency
directives regarding the disposition and discipline of the police
force, its officers and personnel.
C.
Have exercise and discharge the functions, powers, and duties of
the police force.
D.
Delegate such of his authority as he may deem necessary for the
efficient operation of the force to be exercised under his direction
and supervision.
Ε.
Prescribe the duties and assignments of all subordinates and
other personnel.
F.
G.
Report at least monthly at the regular meetings of the Township or
by any such other forms as the Township shall require as to the
operation of the police force during the preceding month.
Report from time to time with the Township Manager and the
Mayor regarding the operations of the Police Department.
ARTICLE 4
WORK WEEK: The position of Chief is a salaried position compensated
pursuant to the salary paragraph in this contract.
This shall mean that the Chief shall dedicate himself to performing his duties
without respect to a specific minimum or maximum number of hours worked
per day of each week.
However, the Chief shall work on average a minimum of 40 hours per week.
Time requirements for optimal job performance vary based on specific
assignments, seasonal demands, or other factors. All parties endorse a policy
of flexibility which allows the Chief to adjust normal working hours as
conditions require to include all hours which enable the Chief to complete
routine duties of his office and to perform special duties as assigned, attend
meetings as assigned, to work hours as required in order to complete critical
work tasks or handle emergency conditions as they arise.
3
ARTICLE 5
SICK LEAVE: The Chief shall be entitled to utilize accumulated sick leave as
provided for in the then current Township Police Superior Officers' Collective
Bargaining Contract.
ARTICLE 6
INJURY LEAVE: The Chief shall be entitled to injury leave as provided for in
the then current Township Police Superior Officers' Collective Bargaining
Contract.
ARTICLE 7
FUNERAL LEAVE: In the event of the death in the Chief of Police's immediate
family, the Chief of Police shall be given five (5) days leave with pay for a
family member within the State of New Jersey and seven (7) days leave with
pay if not within the State of New Jersey.
Immediate family shall mean spouse, sibling, child or grandchild, parent,
parent-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law.
ARTICLE 8
VACATION DAYS: The Chief shall be entitled to vacation days as provided for
in the then current Township Police Superior Officers' Collective Bargaining
Contract.
Additionally, the position of Chief requires an intensive number of hours
which could occur during normal days off and in recognition of this fact, the
Chief shall be permitted to sell back to the Township two weeks of
accumulated vacation. Vacation time carried forward must be used by
December 31st of the following year.
ARTICLE 9
HOLIDAY TIME: The Chief shall be entitled to the same holidays as provided
for in the then current Township Police Superior Officers' Collective
Bargaining Contract.
ARTICLE 10
PERSONAL DAYS: The Chief shall be entitled to the same number of
personal days as provided for in the then current Township Police Superior
4
Officers' Collective Bargaining Contract. (Such personal days shall not
accumulate from year to year.)
ARTICLE 11
MEDICAL INSURANCE, HEALTH, AND EYE EXAMINATION PLAN:
1.
2.
The Chief shall have the same medical insurance, health,
prescription, dental and eye examination coverage as specified in
the then current Township Police Superior Officers' Collective
Bargaining Contract.
Upon retirement the Chief of Police shall be entitled to receive
retiree health, dental, prescription and eye insurance coverage
consistent with the then current Township of Lower Police
Superior Officers' Collective Bargaining Contract as of the date of
his retirement, as though the Chief of Police was a retired member
of that unit. Upon his death, his spouse will receive health, dental
and eye insurance coverage along with the drug prescription plan
as provided for in the then current Township Police Superior
Officers' Collective Bargaining Contract as of the date of his
retirement, as if the Chief of Police were still living so long as she
does not re-marry.
3.
Upon reaching the age of sixty-five (65) years or age or whenever
the retired Employee is first eligible for Medicare, the Township
shall provide to the Chief health benefits in accordance with the
health benefits provided to retirees age sixty-five (65) or whenever
the retired Employee is first eligible for Medicare as provided for in
the then current Township Police Superior Officers' Collective
Bargaining Contract as of the date of his retirement.
ARTICLE 12
CLOTHING ALLOWANCE:
1.
The Chief of Police shall not receive a clothing allowance.
2.
It shall be left to the professional discretion of the Chief of Police
as to when he should wear a formal or informal uniform or plain
clothes.
5
ARTICLE 13
PERSONAL CAR:
1.
Due to the nature of the employment conditions of the Chief of
Police, the Township agrees to supply the Chief with an unmarked
automobile to be used for police work and limited personal use.
The make and model of the automobile shall be determined by the
Township however, it shall be a full size four door car or SUV and
shall be equipped with such safety equipment as needed for police
work.
2.
The Chief of Police shall be permitted to use the vehicle for his
limited personal use within Cape May County. There shall be no
limit on the use of the vehicle for police work or anything
associated with police work, such as attending meetings, in-
service training, conferences, and any other traveling needed to
carry out the duties of the Chief.
3.
The Township shall pay all expenses for the operation and upkeep
of the vehicle such as car insurance, tires, gas, oil changes, etc.
4.
The vehicle shall not be used by anyone other than the Chief of
Police except that the Chief of Police may designate other members
of the police department as appropriate, to use the vehicle for a
designated police purpose.
ARTICLE 14
COLLEGE CREDITS:
The Chief of Police shall no longer be entitled to payment for college credits.
ARTICLE 15
COMPENSATION:
During the terms of this Agreement the Chief shall receive the following base
wages:
1/1/2022
$178,000
1/1/2023
$181,560 (2%)
1/1/2024
$185,191 (2%)
1/1/2025
$188,894 (2%)
6
The Chief and the Township agree to discuss the potential for a wage
adjustment should there be a merger of police departments or should the
Township's Police Department enter into a contract to provide police services to
another municipality.
ARTICLE 16
LONGEVITY PAY INCREASES:
The Chief of Police is not entitled to Longevity Pay.
ARTICLE 17
RETIREMENT:
The Chief shall retain all pension rights under New Jersey Law. Upon
retirement, the Chief shall receive a terminal leave benefit based upon the cash
value of accumulated unused sick leave to a maximum of 180 days and subject
to any statutory cap or limitation. The Chief may elect that such payments be
made over two (2) budget years prior to the Chief's 25th year of service and/or
retirement date. Just prior to retirement, an Employee shall receive in a lump
sum, all unused vacation time which had accumulated in the year of retirement
and immediately preceding calendar year, together with all compensatory or
other time off due him, or the time off at the Employees' option but, in either
case, subject to approval of the Chief of Police and the Township Manager. If the
lump sum option is not approved, the Employee shall be paid the amount due
in equal monthly installments over a period not to exceed 12 months.
ARTICLE 18
LEGAL DEFENSE:
1.
2.
The Township shall supply the Chief of Police with necessary legal
advice and counsel in the defense of charges filed against him in
the performance of his duties in accordance with the laws of the
State of New Jersey and of the United States. A selection of an
attorney may be made by the Chief of Police subject to the approval
of the Township and such approval shall not be unreasonably
withheld by the Township. The Township shall similarly be
responsible for indemnification and counsel, in connection with all
claims including compensatory and punitive damages for actions
filed subsequent to the expiration of this agreement.
In the event that the Chief of Police utilizes counsel other than that
supplied by the Township, the fees and costs shall be agreed upon
by the attorney and the Township prior to the attorney performing
such services.
7
ARTICLE 19
PROFESSIONAL DEVELOPMENT/LAW ENFORCEMENT CONFERENCES:
1.
The Chief shall be permitted to attend and be compensated for at
his regular salary, any school, seminar, or in-service training
conducted or sponsored by the International Association of Chiefs'
of Police, the New Jersey State Association of Chiefs' of Police, the
New Jersey State Police, the Federal Bureau of Investigation, or
any other educational program of a management or supervisory
nature provided that the same is approved by the Township
Manager in advance. All expenses such as travel, room, food,
tuition, special clothing, books, or any other charges connected
with these educational programs, must be approved in advance by
the Township Manager.
2.
International Association of Chiefs' of Police Annual Training
Conference: The Township agrees to grant paid training time off
including travel time, of no more than five (5) days, for the Chief of
Police to attend the annual International Association of Chiefs' of
Police Training Conference which is held in various states
throughout the United States each year. All costs and expenses
associated with attendance must be approved in advance by the
Township Manager. If paid by the Township, the Township
Manager will establish a maximum per diem rate for meals not to
exceed $100 per day and the Chief will be required to provide
receipts for all expenditures.
The Chief of Police shall also be required to provide a written
report to the Township Manager, which details the information
presented at the conference, including how such information is
valuable and useful to the Lower Township Police Department.
3.
Membership Dues: The Township also agrees to pay for the Chief
of Police's dues for membership in the Cape May County Police
Chiefs' Association, the South Jersey Police Chiefs' Association,
the New Jersey State Association of Police, the New Jersey F.B.I.
National Academy Associates, and the International Association of
Chiefs' of Police. The amount of membership dues shall not exceed
the actual cost.
ARTICLE 20
8
NON-PRECEDENT:
This contract shall not be interpreted or used as a guide or benchmark for
any other employment contract or terms and conditions of any other
employee including Collective Bargaining Agreements and shall not be
deemed an increase in salary given to all other municipal Officers and
employees.
ARTICLE 21
CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT:
All employment conditions not covered by this agreement shall continue to be
governed, controlled, and interpreted by reference to either the Township
Ordinances or the then current Township Police Superior Officers' Collective
Bargaining Contract however, the parties agree that unless a benefit is
specifically referred to in this agreement, the Chief will not be entitled to the
benefit.
ARTICLE 22
ENTIRE AGREEMENT:
This agreement represents and incorporates the complete and final
understanding between the parties on all issues which form the subject
matter of this contract.
In the event of any conflict or dispute, it shall be resolved first through non-
binding alternative dispute resolution and if not settled, then through binding
arbitration in accordance with the rules of the American Arbitration
Association, if requested by the Chief or the Township.
ARTICLE 23
SEPARABILITY AND SAVINGS AND APPLICATION:
If any provision of the Agreement or any application of this Agreement to said
employee or group of employees is held to be invalid by operation of law or by
a court or other tribunal of competent jurisdiction, such provision shall be
inoperative, but all other provisions shall not be affected thereby and shall
continue in full force and effect.
ARTICLE 24
TERM: The term of this Agreement shall commence on
through
and thereafter from year to year until otherwise
negotiated by the parties. No separation of the Chief shall occur except under
the requirements of the State of New Jersey Statutes and the New Jersey Civil
9
Service Regulations. The terms of this Agreement may only be modified by the
mutual consent of the parties.
IN WITNESS THEREOF, the parties hereto have caused this document to be
properly signed and sealed this 19
day of December
2022.
BY:
Kevin Lewis, Chief of Police
BY:
Michael Laffey, Township Manager
BY:
Mayor Frank Sippel
Julie Picard, Township Clerk
10
--- Document: Deputy Chief Donald Vanaman ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2024-374
Title:
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWNSHIP OF LOWER
AND DONALD VANAMAN, LOWER TOWNSHIP DEPUTY CHIEF OF POLICE
WHEREAS, extensive negotiations were conducted by the Township Manager and Labor Counsel with
Lower Township Deputy Chief of Police Donald Vanaman; and
WHEREAS, the parties have reached an agreement; and
WHEREAS, the Township Manager and Labor Counsel recommend the Township Council's approval of
the attached agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the attached Agreement between the Township of Lower and Donald
Vanaman, Lower Township Deputy Chief of Police is hereby approved.
BE IT FURTHER RESOLVED that the Mayor, Township Manager and Township Clerk are hereby
authorized and directed to execute the Agreement attached hereto on behalf of the Township.
MOTION SECOND AYE
NAY
RECUSE
ABSTAIN
ABSENT
CONRAD
COOMBS
ROY
PERRY
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on November
18, 2024
Julie A Picard, Township Clerk
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
AND
DONALD VANAMAN
THE DEPUTY CHIEF OF POLICE
OF THE TOWNSHIP OF LOWER
TABLE OF CONTENTS
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE DEPUTY CHIEF OF POLICE OF
THE TOWNSHIP OF LOWER
Article 1
Employment
Article 2
Article 3
Management Rights
Duties and Responsibilities of the Deputy Chief of Police
Article 4
Work Week
Article 5
Sick Leave
Article 6
Injury Leave
Article 7
Funeral Leave
Article 8
Vacation Days
Article 9
Holiday Time
Article 10
Personal Days
Article 11
Medical Insurance, Health and Eye Examination Plan
Article 12
Clothing Allowance
Article 13
Personal Car
Article 14
College Credits
Article 15
Compensation
Article 16
Longevity Pay Increases
Article 17
Retirement
Article 18
Legal Defense
Article 19
Non-Precedent Agreement
Article 20
Continuation of Benefits not Covered by this Agreement
Article 21
Entire Agreement
Article 22
Separability and Savings and Application
Article 23
Effective Date and Term
1
EMPLOYMENT CONTRACT BY AND BETWEEN
THE TOWNSHIP OF LOWER AND THE DEPUTY CHIEF OF POLICE OF
THE TOWNSHIP OF LOWER
11/14
THIS AGREEMENT dated
2024 is by and between the
Township of Lower, a municipal corporation of the County of Cape May,
State of New Jersey, (herein after referred to as the "Township") and Donald
Vanaman, of North Cape May, New Jersey 08204, (herein referred to as "The
Deputy Chief").
RECITALS
WHEREAS, Donald Vanaman has been appointed Deputy Chief of Police of
Lower Township since September 21, 2023 and has performed admirably in
that position;
WHEREAS, the Township and the Deputy Chief wish to continue this
relationship for the foreseeable future upon terms deemed acceptable to both
parties;
WHEREAS, the parties further seek to memorialize the terms of this
employment relationship in writing; and
NOW THEREFORE the parties agree as follows:
ARTICLE 1
EMPLOYMENT: The Township agrees to employ Donald Vanaman as the
Deputy Chief of Police of the Township of Lower Police Department, during
good behavior and in accordance with New Jersey State Statute and New
Jersey Civil Service Regulations subject to the terms and conditions of
employment set forth in this agreement.
ARTICLE 2
MANAGEMENT RIGHTS: The Township hereby retains and reserves unto
itself all powers, rights, authority, duties, and responsibilities conferred upon
and invested in it prior to the signing of this agreement, by the laws and
constitution of the State of New Jersey and of the United States, except those
limited by the specific and expressed terms of this agreement and then only
to the extent that such specific and expressed terms hereof are in
2
conformance with the constitution and laws of New Jersey and of the United
States.
ARTICLE 3
DUTIES AND RESPONSIBILITIES OF THE DEPUTY CHIEF: The Deputy
Chief shall perform his duties in a diligent manner in conformance with New
Jersey State Statutes, in compliance with Township ordinances and the
regulations and policies established by the New Jersey Attorney General's
office. The Deputy Chief shall perform all duties assigned by the Chief of
Police
ARTICLE 4
WORK WEEK: The position of Deputy Chief is a salaried position
compensated pursuant to the salary paragraph in this contract.
This shall mean that the Deputy Chief shall dedicate himself to performing
his duties without respect to a specific minimum or maximum number of
hours worked per day of each week.
However, the Deputy Chief shall work on average a minimum of 40 hours per
week. Time requirements for optimal job performance vary based on specific
assignments, seasonal demands, or other factors. All parties endorse a policy
of flexibility which allows the Deputy Chief to adjust normal working hours as
conditions require to include all hours which enable the Deputy Chief to
complete routine duties of his office and to perform special duties as
assigned, attend meetings as assigned, to work hours as required in order to
complete critical work tasks or handle emergency conditions as they arise.
Prior to scheduling any time off, the Deputy Chief shall make every effort to
coordinate with the Chief of Police to ensure sufficient leadership is available
if/when needed.
ARTICLE 5
SICK LEAVE: The Deputy Chief shall be entitled to utilize accumulated sick
leave as provided for in the 2024-2027 SOA CBA.
ARTICLE 6
INJURY LEAVE: The Deputy Chief shall be entitled to injury leave as
provided for in the 2024-2027 SOA CВА.
3
ARTICLE 7
FUNERAL LEAVE: In the event of the death in the Deputy Chief of Police's
immediate family, the Deputy Chief of Police shall be given five (5) days leave
with pay for a family member within the State of New Jersey and seven (7)
days leave with pay if not within the State of New Jersey.
Immediate family shall mean spouse, sibling, child or grandchild, parent,
parent-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law.
ARTICLE 8
VACATION DAYS: The Deputy Chief shall be entitled to vacation days as
provided for in the 2024-2027 SOA CBA.
Vacation time carried forward must be used by December 31 of the following
year.
ARTICLE 9
HOLIDAY TIME: The Deputy Chief shall be entitled to the same holidays as
provided for in the 2024-2027 SOA CBA.
ARTICLE 10
PERSONAL DAYS: The Deputy Chief shall be entitled to the same number of
personal days as provided for in the 2024-2027 SOA CBA. (Such personal
days shall not accumulate from year to year.)
ARTICLE 11
MEDICAL INSURANCE, HEALTH, AND EYE EXAMINATION PLAN:
1.
The Deputy Chief shall have the same medical insurance, health,
prescription, dental and eye examination coverage as specified in
the 2024-2027 SOA СВА.
2.
Upon retirement the Deputy Chief of Police shall be entitled to
receive retiree health, dental, prescription and eye insurance
coverage consistent with the then current Township of Lower
Police Superior Officers' Collective Bargaining Contract as of the
date of his retirement, as though the Deputy Chief of Police was a
retired member of that unit. Upon his death, his spouse will
receive health, dental and eye insurance coverage along with the
drug prescription plan as provided for in the 2024-2027 SOA СВА
4
as if the Deputy Chief of Police were still living so long as she does
not re-marry.
3.
Upon reaching the age of sixty-five (65) years or age or whenever
the retired Employee is first eligible for Medicare, the Township
shall provide to the Deputy Chief health benefits in accordance
with the health benefits provided to retirees age sixty-five (65) or
whenever the retired Employee is first eligible for Medicare as
provided for in the 2024-2027 SOA CBA.
ARTICLE 12
CLOTHING ALLOWANCE:
1.
2.
The Deputy Chief of Police shall not receive a clothing allowance.
It shall be left to the professional discretion of the Deputy Chief of
Police as to when he should wear a formal or informal uniform or
plain clothes unless otherwise directed by the Chief of Police.
ARTICLE 13
PERSONAL CAR:
1.
2.
3.
4.
Due to the nature of the employment conditions of the Deputy
Chief of Police, the Township agrees to supply the Deputy Chief
with an unmarked automobile to be used for police work and
limited personal use. The make and model of the automobile shall
be determined by the Township. However, it shall be a full size
four-door car or SUV and shall be equipped with such safety
equipment as needed for police work.
There shall be no limit on the use of the vehicle for police work or
anything associated with police work, such as attending meetings,
in-service training, conferences, and any other traveling needed to
carry out the duties of the Deputy Chief.
The Township shall pay all expenses for the operation and upkeep
of the vehicle such as car insurance, tires, gas, oil changes, etc.
The vehicle shall not be used by anyone other than the Deputy
Chief of Police except that the Deputy Chief of Police may
designate other members of the police department as appropriate,
to use the vehicle for a designated police purpose.
5
ARTICLE 14
COLLEGE CREDITS:
The Deputy Chief of Police shall no longer be entitled to payment for college
credits.
ARTICLE 15
COMPENSATION:
During the terms of this Agreement the Deputy Chief shall receive the
following base wages retroactive the date of appointment as the Deputy Chief:
1/1/2023
1/1/2024
1/1/2025
$166,318.57 (Pro-rated 9/21/23)
$171,308.13 (3%)
$176,447.37 (3%)
The Deputy Chief and the Township agree to discuss the potential for a wage
adjustment should there be a merger of police departments or should the
Township's Police Department enter into a contract to provide police services to
another municipality.
ARTICLE 16
LONGEVITY PAY INCREASES:
The Deputy Chief of Police is not entitled to Longevity Pay.
ARTICLE 17
RETIREMENT:
The Deputy Chief shall retain all pension rights under New Jersey Law. Upon
retirement, the Deputy Chief shall receive a terminal leave benefit based upon
the cash value of accumulated unused sick leave to a maximum of 180 days
and subject to any statutory cap or limitation. The Deputy Chief may elect that
such payments be made over two (2) budget years prior to the Deputy Chief's
25th year of service and/or retirement date. Just prior to retirement, an
Employee shall receive in a lump sum, all unused vacation time which had
accumulated in the year of retirement and immediately preceding calendar year,
together with all compensatory or other time off due him, or the time off at the
Employees' option but, in either case, subject to approval of the Chief of Police
and the Township Manager. If the lump sum option is not approved, the
Employee shall be paid the amount due in equal monthly installments over a
period not to exceed 12 months.
6
ARTICLE 18
LEGAL DEFENSE:
1.
The Township shall supply the Deputy Chief of Police with
necessary legal advice and counsel in the defense of legal claims
filed against him in the performance of his duties in accordance
with the laws of the State of New Jersey and of the United States. A
selection of an attorney may be made by the Deputy Chief of Police
subject to the approval of the Township and such approval shall not
be unreasonably withheld by the Township. The Township shall
similarly be responsible for indemnification and counsel fees in
connection with all such claims subsequent to the expiration of this
agreement.
2.
In the event that the Deputy Chief of Police utilizes counsel other
than that supplied by the Township, the fees and costs shall be
agreed upon by the attorney and the Township prior to the attorney
performing such services.
ARTICLE 19
NON-PRECEDENT:
This contract shall not be interpreted or used as a guide or benchmark for
any other employment contract or terms and conditions of any other
employee including Collective Bargaining Agreements and shall not be
deemed an increase in salary given to all other municipal Officers and
employees.
ARTICLE 20
CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT:
All employment conditions not covered by this agreement shall continue to be
governed, controlled, and interpreted by reference to either the Township
Ordinances or the 2024-2027 SOA CBA (Township Police Superior Officers'
Collective Bargaining Contract).
ARTICLE 21
ENTIRE AGREEMENT:
This agreement represents and incorporates the complete and final
understanding between the parties on all issues, which form the subject
matter of this contract.
7
ARTICLE 22
SEPARABILITY AND SAVINGS AND APPLICATION:
If any provision of the Agreement or any application of this Agreement to said
employee or group of employees is held to be invalid by operation of law or by
a court or other tribunal of competent jurisdiction, such provision shall be
inoperative, but all other provisions shall not be affected thereby and shall
continue in full force and effect.
ARTICLE 23
TERM: The term of this Agreement shall commence on
9/21/23
through 12/31/2025, and thereafter from year to year until otherwise
negotiated by the parties. No separation of the Deputy Chief shall occur
except under the requirements of the State of New Jersey Statutes and the
New Jersey Civil Service Regulations. The terms of this Agreement may only
be modified by the mutual consent of the parties.
IN WITNESS THEREOF, the parties hereto have caused this document to be
properly signed and sealed this
day of
2024.
BY:
Donald Vanaman, Deputy Chief of Police
BY:
Michael Laffey, Township Manager
BY:
Mayor Frank Sippel
BY:
Julie Picard, Township Clerk
8
--- Document: Superior Police Officers ---
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER, CAPE MAY COUNTY
AND
LOWER TOWNSHIP POLICE SUPERIOR OFFICERS ASSOCIATION
LOCAL #59
January 1, 2024 through December 31, 2027
1
INDEX TO AGREEMENT
ARTICLE NO.
PAGE NO.
PREAMBLE
3
1.
RECOGNITION; DEFINITIONS
4
2.
LEGAL REFERENCE
5
3.
MANAGEMENT RIGHTS
6
4.
LTSOA REPRESENTATIVES
7
5.
RETIREMENT
8
6.
LEAVE OF ABSENCE
10
7.
DEDUCTIONS FROM SALARY
12
8.
WORK WEEK - OVERTIME
13
9.
VACATIONS
14
10.
HOLIDAYS
15
11.
SICK LEAVE
16
12.
INSURANCE, HEALTH & WELFARE
18
13.
EXCHANGE OF DAYS OFF
23
14.
CLOTHING ALLOWANCE
24
15.
TIME OFF
25
16.
GRIEVANCE PROCEDURE
26
17.
RESERVED
29
18.
PERMISSION TO LEAVE TOWNSHIP
29
19.
WAGES
30
20.
COLLEGE CREDITS
31
21.
LAW ENFORCEMENT OFFICER LICENSE FEES
32
22.
COURT TIME
33
23.
POLICE RIGHTS
34
24.
FULLY BARGAINED PROVISIONS
36
25.
SEPARABILITY & SAVINGS & APPLICATION
37
26.
ΜΑΙΝΤΕΝΑNCE MODIFICATION OF WORK RULES
38
27.
TERM & RENEWAL
39
SCHEDULE "A"
40
SCHEDULE "B"
40
SCHEDULE "C"
41
2
PREAMBLE
This Agreement entered into this
day of
2025 by and
between the Township of Lower, in the County of Cape May, New Jersey, a Municipal Corporation
of the State of New Jersey, (hereinafter called the "Township" or "Employer") and Local #59, the
Lower Township Police Superior Officers' Association, hereinafter called the "Superior Officers
Association").
This Agreement represents and incorporates the complete and final understanding and
settlement by the parties on all bargainable issues which were or could have been the subject to
negotiations. During the terms of this Agreement, neither party will be required to negotiate with
respect to any such matter, whether or not covered by this Agreement, and whether or not within the
knowledge or contemplation of either or both of the parties at the time they negotiated or signed this
Agreement.
If any provision of the Agreement or any application of this Agreement to said employee or
group of employees is held to be invalid by operation of law or by a court or other tribunal of
competent jurisdiction, such provision shall be inoperative but all other provisions shall not be
affected thereby and shall continue in full force and effect.
In the event the invalid provision afforded a direct economic benefit, the parties shall meet
and negotiate a new provision reflecting equal cost.
3
ARTICLE 1- RECOGNITION; DEFINITIONS
A. The Township hereby recognized the SOA as the exclusive majority representative for all
Lieutenants and Captains in the Police Department of the Township of Lower within the
meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1.1 et seq.
B. When used in this Agreement, the following capitalized terms shall have the meanings set
forth below:
a. "Act" shall mean the New Jersey Employer-Employee Relations Act, N.J.S.A.
34:13A-1 et seq.
b. "Township Code" shall mean Chapter II of "revised General Ordinances" of the
Township of Lower, 1974 (hereinafter referred to as the "General Ordinances").
c. "Chief of Police" shall mean the Chief of the Department with those duties and
responsibilities as set forth in the Township's Administrative Code.
d. "Police Department" shall mean the Township of Lower Police Department.
e. "Police Headquarters" shall mean the main office for the Department located at the
Cape May County Airport complex in Lower Township, New Jersey.
f. "Superior Police Officer(s)", Member(s), and/or Employce(s) shall mean all
Lieutenants and Captains of the Department. These terms shall also be defined to
include the plural as well as the singular and to include males and females.
4
ARTICLE 2 - LEGAL REFERENCE
A. Nothing contained herein shall be construed to deny or restrict to any Police Officer such
rights as he may have under any applicable laws and regulations. The rights granted the
Police officer hereunder shall be deemed to be in addition to those provided elsewhere.
B. The provisions of this Agreement shall be subject and subordinate to and shall not annul or
modify existing applicable provisions of State and local laws except such particular
provisions of this Agreement modify existing local laws.
5
ARTICLE 3 – MANAGEMENT RIGHTS
A.
The Township hereby retains and reserves unto itself, without limitations, all powers, rights
authority, duties and responsibilities conferred upon and vested in it prior to the signing of this
Agreement by the laws and Constitution of the State of New Jersey and of the United States,
including, but without limiting the generality of the foregoing, the following rights:
B.
1. The executive management and administrative control of the Township's properties and
facilities and the activities of its employees;
2. To hire all employees and subject to the provisions of law, to determine their qualifications
and conditions for continued employment or assignment and to promote and transfer
employees;
3. To suspend, demote, discharge or take other disciplinary action for good and just cause
according to law;
4. To establish a code of rules and regulations for operation of the Township's police business.
5. To determine the standards of performance for police operations in accordance with the laws,
rules and regulations in the State of New Jersey.
6. To change, modify or promulgate police policies, rules and regulations.
7. To maintain efficiency of employees on the performance of their duties and to maintain the
efficiency of its operations.
8. To relieve employees from duty because of lack of work, lack of funding, or legal cause, as
permitted by law and in accordance with the rules, regulations, and laws of the State of New
Jersey, including but not limited to requirements mandated by the Civil Service Commission.
9. To determine the amount of overtime to be worked.
10. To determine the standards of performance of employees and the content of work
assignments.
11. To determine the content of police work assignments.
12. To exercise complete control and discretion over the organization and the technology of
performing its work.
The exercise of the foregoing powers, rights, authority, duties and responsibilities of the
Township, the adoption of policies, rules, regulations and practices in furtherance thereof, and the
use of judgment and discretion in connection therewith-shall be limited only by the specific and
express terms of this Agreement and then only to the extent such specific and express terms hereof
are in conformance with the Constitution and Laws of New Jersey and of the United States.
C.
Nothing contained herein shall be construed to deny or restrict the Township of its powers,
rights, authority, duties and responsibilities under national, state, county, or local laws or ordinances.
6
ARTICLE 4-LTSOA REPRESENTATIVES
A. Accredited representatives of the P.B.A. may enter Police Headquarters or the Office of the
Chief at reasonable hours for the purpose of observing working conditions or assisting in the
adjustment of grievances. When the P.B.A. decides to have its representatives enter the
Police Headquarters or Office of the Chief, it will request such permission from the
appropriate Township representatives and such permission will not be unreasonably
withheld, as long as there is no interference with the normal operations of the business of
Township government or with the normal duties of the Township's employees.
B. During collective negotiations with the Township, authorized LTSOA representatives, not to
exceed two, shall be excused from their normal work duties to participate in mutually
scheduled collective negotiation sessions that are reasonable and necessary and shall suffer
no loss of regular pay.
C. Each member of the LTSOA collective bargaining committee shall be provided a copy of the
present contract in its entirety.
7
ARTICLE 5 – RETIREMENT
A. Employees shall retain all pension rights under the New Jersey law and General Ordinances,
as defined in Article L.
B. Just prior to retirement, an Employee shall receive in a lump sum, all unused vacation time
which had accumulated in the year of retirement and immediately preceding calendar year,
together with all compensatory or other time off due him, or the time off at the Employees'
option but, in either case, subject to approval of the Chief of Police and the Township
Manager. If the lump sum option is not approved, the Employee shall be paid the amount due
in equal monthly installments over a period not to exceed 12 months. For purposes of this
paragraph B, other time off shall not include terminal leave set forth in paragraph C below of
this Article 5.
C. Upon regular retirement, an Employee will receive a terminal leave benefit based upon the
cash value of accumulated unused sick leave to a maximum of 180 days. The employee shall
have the option to be paid the accumulated sick leave (i) in a lump sum in cash (subject to
the limitations set forth in Paragraph E below) or (ii) as regularly scheduled pay checks until
fully exhausted. For Employees hired on or after January 1, 2000, the maximum terminal
leave benefit will be $15,000.00.
D. Each retiring employee shall notify the Township of their intention to retire 30 day prior to
January 1 of the year of retirement, except in an emergency. If an employee fails to notify the
Township of his intent to retire prior to January I of the year of retirement, the Township
shall have the right to defer payment amounts due pursuant to Paragraphs B and C of this
Article 5 until the next succeeding calendar year, but no later than March 1 of such
succeeding calendar year.
E. The employee shall have the option to defer the receipt of the amounts due pursuant to
Paragraphs B and C of this Article 5, in whole or in part, to the next succeeding calendar
year after retirement by notifying the Township, not less than 30 days prior to retirement.
F. Ifan employee desires to cease work prior to his/her official retirement date and also desires
to utilize vacation leave, personal days, terminal leave (pursuant to Paragraph C of this
Article) and compensatory time that has been accrued and earned as of the date the
Employee ceases work, the Employee shall provide written notice to the Manager of his/her
intention to do so. Upon the Manager's approval, the Employee shall continue to receive
such paid leave benefits in regularly scheduled installments up to the earlier of the official
date of retirement or until such leave benefits are exhausted; provided, however, that no
additional paid leave benefits shall accrue after the date the Employee ceases work. This
provision shall be effective March 1, 2009.
G. If an Employee pending retirement continues to receive paid leave pursuant to Paragraph F
8
of Article 5, such Employee shall not be subject to any provision requiring the "recall" of
Employees to work. Such Employee shall also not be subject to firearms qualification or
drug testing unless otherwise mandated by federal or state law.
9
ARTICLE 6-LEAVE OF ABSENCE
A. Family/Medical Leave of Absence will be granted in accordance with the provisions of the
Federal Family and Medical Leave Act ("FMLA") and the New Jersey Family Leave Act
("NJFLA") and the regulations promulgated thereunder. Under the provisions of these
statutes, the Employee is entitled to twelve (12) weeks of leave during a twelve (12) month
period, which may be extended at the request of the Employee, upon good cause shown, for
up to a total of six (6) additional months (excluding the initial twelve (12) week period). The
employee shall be entitled to leave for the Employee's own serious health condition, or the
need to care for a spouse, child or parent with a serious health condition. In addition, the
Employee may take leave to care for a parent, child or parent-in-law. The circumstances
under which leave may be taken vary depending on the type of leave requested and the
regulations issued for each statute, and judicial decisions interpreting the requirements of
each statute. If the Employee takes FMLA or NJFLA Leave, the Employee may, at the
Employee's option use accrued sick leave, vacation and other administrative leave during the
FMLA or NJFLA Leave. The Employer retains all rights to require proper certification from
a healthcare provider pursuant to all Applicable Laws. Any other leave of absence shall be
granted in the sole and absolute discretion of the Township Manager and shall not be for a
period in excess of six (6) months.
B. Any unpaid leave of absence granted because of illness or disability will not result in
cessation of insurance, health and welfare benefits set forth in Article 12. The employee shall
not earn any seniority during the period of such leave of absence, and there will be no
additional accrual of vacation, sick and personal days during the period of such leave of
absence.
C. As to any unpaid leave of absence granted for any reason other than illness or disability, the
Township shall have sole discretion to determine if such leave will result in a cessation of
insurance, health and welfare benefits during such leave of absence. The Employee shall not
earn any seniority during the period of such leave of absence, and there will be no additional
accrual of vacation, sick and personal days during the period of such leave of absence.
D. Unless otherwise specifically set forth in this Agreement to the contrary, all of the provisions
of the New Jersey Department of Personnel Regulations concerning leaves of absence, as set
forth in Title 4A of the New Jersey Administrative Code, Chapter 6, Subchapter 1, as applied
to State service, shall apply to the P.B.A.
E. Before an Employee goes of FMLA or NJFLA Leave without pay, the Employee shall be
entitled to use of all sick, vacation and personal days which have been credited to the
Employee at the beginning of the year. The Employee also acknowledges that sick, vacation
and personal days are not earned during an FMLA or NJFLA Leave or any other unpaid
leave of absence. Accordingly, (i) if an Employee on such leave does not return to work, he
shall reimburse the Employer for the paid sick, vacation and personal days used in excess of
10
}
his prorated entitlements as set forth in Paragraphs 9E, 11E and 15C of this Agreement, or
(ii) if an Employee on such leave does return to work, the sick, vacation and personal days
to be credited in the future shall be reduced by such days used in excess of his prorated
entitlements.
11
ARTICLE 7- DEDUCTION FROM SALARY
A. The Township agrees to deduct from the salaries of the Employees, subject to this
Agreement, dues for the LTSOA. Such deductions will be made in compliance with N.J.S.A.
52:14-15.9(e), as amended. Said monies together with records of any collections shall be
transmitted to the P.B.A. office during each month following the pay period in which
deductions were made.
B. If during the life of the Agreement there shall be any changes in the rate of membership
dues, the LTSOA shall furnish to the Township written notice in a timely manner, prior to
the effective date of such change and shall furnish to the Township new authorization from
its members showing the authorized deduction for each Employee.
C. The LTSOA will provide the necessary "check-off authorization" cards submitted by the
LTSOA to the Township.
12
ARTICLE 8- WORK WEEK - OVERTIME
A. All Superior Officers shall be expected, if the Employer deems it necessary, to work a
minimum of 40 hours per week, on a schedule established by the Chief of Police.
B. Nothing herein contained shall infringe on or limit the power or duty of the Employer to act
to provide for the health, safety or welfare of the Township in an emergency situation
through special emergency directives pursuant to N.J.S.A. 40A:14-118.
C. As management, the Superior Officers shall not be entitled to overtime pay regardless of the
number of hours worked in any day or week.
D. Nothing contained herein shall limit or infringe on the power of the Employer, pursuant to
N.J.S.A. 40A:14-118 and subject to the operational control and day to day management of
the Chief of Police, to adopt policies, rules and regulations to (i) establish reporting
procedures for all Superior Officers and (ii) require the scheduling of Superior Officers for
special assignments, functions and events within the Township; provided, however, that the
actual schedule will be determined by the Chief of Police.
E. In the event that the Chief of Police directs an LTSOA member to work more hours than a
normal workweek that member shall be compensated in hour for hour compensatory time.
The current practice of requiring LTSOA members to use compensatory time within the
same pay period that it is earned is ended. Members of the LTSOA will be allowed to bank a
total of 60 hours of compensatory time. Such time will be scheduled with the approval of the
Chief or his designee. Said bank of compensatory time has no cash value. In the event that a
member of the LTSOA retires and has banked compensatory time to his credit, that time
shall be forfeited.
F. Superior Officers may be permitted to work non-operational off-duty assignments and be
compensated at the rate of time and one-half his hourly rate (determined by dividing his base
salary plus longevity by 2,080); provided, however, that such additional compensation is
subject to the Township receiving funding from an outside source, such as federal or state
grant or other reimbursement from an outside source for such off-duty assignment. Off-duty
assignments do not include emergencies and may not be accumulated as compensatory time.
13
+
ARTICLE 9 - VACATIONS
A. The annual vacation period for Police Officers shall be as follows:
Up to the first year of working service
After 1 year and up to 5 years
After 5 years and up to 10 years
After 10 years and up to 15 years
After 15 years
1 day per month worked
12 working days
15 working days
20 working days
25 working days
B. Vacation leave must be taken during the current calendar year at such time permitted or
directed by the appointing authority and Chief of Police unless the appointing authority
and/or Chief of Police determines that it cannot be taken because of the pressure of work.
Any vacation leave accruing in any calendar year after 1981 which is unused by an
Employee within that calendar year must be used within the following calendar year or it
shall be lost to the Employee.
C. Vacation leave entitlements for the entire year shall be credited to the Employee at the
beginning of each calendar year in anticipation of continued employment for the full year. In
the event the employee terminates employment, takes a leave of absence, or has any other
change in status where such leave is not earned for a portion of the year, the Employee shall
recover the prorated value of vacation leave. For the purposes hereof, the prorated value of
the vacation leave, and if the Employce utilizes more leave than is earned, he shall be
required to reimburse the Employer for the value of the used, but unearned, leave. For the
purposes hereof, the prorated value of the vacation leave shall be determined by (i) dividing
the number 52 into the number of full weeks in such years as of the date of such termination
of employment, leave or change in status, then (ii) multiplying such fraction by the total
number of vacation days credited at the beginning of such year, and then (iii) subtracting the
vacation days used in such year.
14
ARTICLE 10 – HOLIDAYS
A. Employees shall be entitled to the following 13 holidays:
New Years Day
Martin Luther King Day
Presidents Day
Good Friday
Memorial Day
Juneteenth
Fourth of July
Labor Day
General Election
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas Day
B. Employees actually working on the above legal holidays will not receive compensation, but
shall be entitled to equal time off for such holidays worked within the same calendar year.
Any such time off accruing in any calendar year which is unused by an employee within that
calendar year must be used within the following calendar year where it shall be lost to the
employee.
15
ARTICLE 11 - SICK LEAVE
A. Service Credit for Sick Leave.
i.
All permanent Employees shall be entitled to sick leave with pay based on their
aggregate years of service.
ii. Sick leave may be utilized by employees who are unable to work because of:
iii.
1. Personal illness or injury (see N.J.A.C. 4A:6-21B for Federal family and medical
leave); or
2. Exposure to contagious disease (see N.J.A.C. 4A:6-1.21B for Federal family and
medical leave); or
3. Care, for a reasonable period of time, of a seriously ill member of the employee's
immediate family (see N..J.A.C. 4A:1-1.3 for definition of immediate family, see
N.J.A.C. 4A:6-1.21A for family leave under State law and see N.J.A.C. 4A:6-1.21B
for Federal family and medical leave); or
4. Death in the employee's immediate family, for a reasonable period of time; or
5. Sick leave may be used by an employee with a disability for absences related to
the acquisition or use of an aid for the disability when the aid is necessary to
function on the job. In such cases, reasonable proof may be required by the
appointing authority; or
6. Any additional use of sick leave provided for by New Jersey Law, Federal Law and/or
Township Ordinances and Code.
If an Employee in the line of duty is incapacitated and unable to work because of an
injury, he shall be entitled to injury leave with full pay during the period in which he is
unable to perform the duties, as certified by the Township's and Employee's own doctor.
Such payment shall be discontinued when an employee is placed on disability or pension.
B. Amount of Sick Leave.
i.
ii.
iii.
The minimum sick leave with pay shall accrue to any full-time Employee on the basis of
15 days per year.
Any amount of sick leave allowance not used in any calendar year shall accumulate to
Employee's credit form year to year to be used if and when needed for such purpose.
An employee shall not be reimbursed for accrued sick leave at the time of tennination of
16
his employment. Upon termination, the Township shall certify to the Department of Civil
Service, the Employee's accumulated sick leave which shall be made part of the
Employee's record.
C. Reporting of Absence on Sick Leave.
i.
If an Employee is absent for reasons that entitle him to sick leave, his supervisor shall be
notified prior to the Employee's starting time.
ii.
iii.
Failure to so notify his supervisor may be cause for denial of use of sick leave for that
absence and constitute cause for disciplinary action.
Absence without notice for five (5) consecutive days shall constitute job abandonment
resulting in a resignation not in good standing pursuant to NJAC 4A:2-6.2.
D. Verification of Sick Leave.
i. An Employee who shall be absent on sick leave for three or more consecutive working days
shall be required to submit acceptable medical evidence substantiating the illness. The
Township may require proof of illness of an Employee on sick leave, however, whenever
such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary
action.
ii.
iii.
In case of leave of absence due to exposure of contagious disease, a certificate form the
New Jersey Department of Health shall be required.
The Township may require an Employee who has been absent because of personal illness,
as a condition of his return to duty be examined, at the expense of the Township by a
physician of the Employee's choice, or Township's choice. Such examination shall
establish whether the Employee is capable of performing his normal duties and that his
return will not jeopardize the health of other employee of the Township.
E. Sick Leave entitlements for the entire year shall be credited to the Employee at the beginning
of each calendar year in anticipation of continued employment for the full year. In the event
the Employee terminates employment, takes a leave of absence, or has any other change in
status where such leave is not earned for apportion of the year, the Employer shall recover
the prorated value of sick leave, and if the Employee utilizes more than is earned, he shall be
required to reimburse the Employer for the value of the used, but unearned leave. For the
purposes hereof, the prorated value of the sick leave shall be determined by (i) dividing the
number 52 into the number of full weeks in such years as of the date of such termination of
employment, leave or change in status, then (ii) Multiplying such fraction by the total
number of sick days credited at the beginning of such year, and then (iii) subtracting the sick
days used in such year.
17
A.
ARTICLE 12 - INSURANCE, HEALTH & WELFARE
The Township shall provide the following health benefits for all permanent and provisional
Employces working 30 hours per week or more, and their dependents (up to and including the age of
26 years for children), beginning on the first day and third month after two months of active
employment. For Dental and Vision, dependents shall be defined as set forth in current provider
contracts between the Township and applicable dental and vision care providers.
i.
ii.
The New Jersey State Health Plan NJ Direct 2030 shall remain the base plan. The
Parties seek to allow for the Township to provide an alternative method of insurance
coverage with the same level of health benefits to employees with cost savings to
both parties. To accomplish this, the Parties agree that if the Township provides a
2035 plan with an HRA card, the PBA shall accept and use the New Jersey State
Health Plan NJ Direct 2035 coverage combined with an HRA card to pay for
employee out of pocket costs as long as employees have at least the same coverage,
networks and out of pocket costs that would be realized by employees if they were in
the New Jersey State Health Plan NJ Direct 2030 plan. In the event the Township
cannot offer New Jersey State Health Plan NJ Direct 2035 coverage combined with
an HRA card to pay for employee out of pocket costs so that employees have at least
the same coverage, networks and out of pocket costs that would be realized by
employees if they were in the New Jersey State Health Plan NJ Direct 2030 plan,
employees shall be put back in the New Jersey State Health Plan NJ Direct 2030
plan. The Township reserves the right to change the third party administrators and/or
health plans as long as the benefit levels provided (including retirees) are equal to or
greater than the New Jersey State Health Plan NJ Direct 2030 (#052). See attached
Schedule C. The Township agrees that should the change result in less coverage, the
Township will make up the difference to the affected individual.
A prescription drug plan equal to or greater than the New Jersey State Health Plan NJ
Direct 2030 (#052) prescription plan (The Township may maintain the current #206
plan if the #52 plan is unavailable through SHBP). See attached Schedule C.
iii.
Dental plan with payment limitations as follows:
i.
Preventative maintenance, etc.
100%
ii.
Diagnostic
85%
iii. Restorative Treatment
85%
iv.
Endodontics and periodontics
85%
V.
Orthodontics
85%
vi.
Prosthodontics-fixed and removed
85%
vii.
Oral surgery-includes extraction and other oral
18
iv.
viii. Surgery procedures usually employed by a
Dentist, including pre and post-operative care
ix.
x.
85%
Maximum benefit: $1,300 per person per calendar year; $3,100
lifetime maximum per person for orthodontic service, for the term of
this Agreement. There shall be a zero deductible.
A vision care plan with benefits payable only once every 24 months, except vision
analysis which shall be annually (to allow for eye exams annually and contacts,
glasses etc., every two years) as follows:
Vision Analysis
Single Vision Lenses
Bifocal Lenses
Multi Focal Lenses
Contact Lenses
Frames
$145
$135
$150
$165
$175
$150
B.
V.
These benefits start, in their amended form, as soon as practicable after execution of
this Agreement by both parties, and will continue for the life of this Agreement and
thereafter unless otherwise negotiated, subject to the provisions of Paragraph D
below.
The Township shall provide the following SHBP retiree health benefit coverage for retired
Employee up to 65 years age or whenever the retired Employee is first eligible for Medicare:
i.
Eligibility
a. Employee retires before age 62 with at least 20 years service with the Township and
25 years of service credit as required under N.J.S.A. 40A:10-23 and/or N.J.S.A.
52:14-17.38.
b. Coverage is for the retired Employee, spouse and eligible dependents until Medicare
eligibility. "Eligible dependents" are determined pursuant to applicable law and the
terms of this agreement. See Section "A" of this Article. In the event of a retired
employee's death, the spouse will continue to receive the described benefits until
remarriage or Medicare eligibility. Upon retired employee's death, dependents
receiving benefits will continue to receive the same until they are ineligible due to
age or otherwise.
c. Employee receives an accidental disability retirement and/or ordinary disability
19
C.
ii.
iii.
retirement resulting from an on-the-job injury.
Benefits
All benefits set forth in Paragraphs A(i) through A(v) above except, retirees shall be
enrolled in the SHBP NJ Direct 2030 for retirees. See Schedule C.
Coordination of Benefits.
If the retired Employee takes a job with an employer who provides health benefits,
he/she must obtain primary coverage thereunder, and the Township will be the
secondary insurer. When the Employee is no longer employed by the subsequent
employer, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section. If the retired Employee's spouse has or takes
another job which provides health benefits, the Employee's spouse may or may not
accept primary health benefits from such employer. If he/she accepts such benefits,
the Township will be the secondary insurer. The failure of the spouse to accept
primary health benefits under his/her employer shall result in a waiver of health
benefits by such spouse hereunder. In the event the Employee's spouse is no longer
employed, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section.
The Township shall provide the following health benefits coverage for retired Employees
who have reached Medicare eligibility.
i.
Eligibility
a. Employee retired with at least 20 years service with the Township, not necessarily
continuous, and 25 years of service credit as required under N.J.S.A. 40A:10-23 at
the time of retirement.
b. Employee retired at age 65 or older but less than 15 years service with the Township,
shall be allowed to participate in any Township group plans for supplemental
Medicare Insurance (if the Township provides one) and prescription program as
longs as the Employee pays the premiums.
c. Coverage is for retired Employee and spouse, both of who have reached Medicare
eligibility. When either Employee or spouse reaches Medicare eligibility, the other
will continue to receive coverage as described under Paragraph B, until he/she also
reaches Medicare eligibility. In the event of a retired Employee's death, the spouse
will continue to receive the described benefits until remarriage. Upon a retired
employee's death, the employee's eligible dependents receiving benefits will
20
ii.
iii.
continue to receive the same (at retiree co-pay rates) until they are ineligible due to
age or otherwise. "Eligible dependents" are determined pursuant to applicable law
and the terms of this agreement. Sce Section "A" of this Article.
d. Employee receives an accidental disability retirement or receives and ordinary
disability retirement from an on-the-job injury.
The Township shall provide health benefits to retirees age 65 and over as follows:
a. The retiree may choose not to enroll in the Supplemental Plan maintained by the
Township, in which case the retirce shall be paid the sum determined below
respectively to defer the cost of obtaining alternate health insurance. If married, and
the spouse is Medicare eligible, an additional sum of the same amount shall be paid
for the retiree's spouse. Such amounts shall be adjusted annually as follows:
2024-$1,167.84
2025-$1,167.84
2026-$1,167.84
2027-$1,167.84
D.
b. Regardless of whether or not the retiree elects to participate in the group health
insurance plan maintained by the Township, the Township shall maintain coverage
for Medicare eligible retirees and spouse in the Township's vision, dental and
prescription plans, to the extent benefits are not duplicated.
If retired Employee takes a job with an employer who provides health benefits,
he/she must obtain primary coverage thereunder, and the Township will be the
secondary insurer. When the employee is no longer employed by the subsequent
employer, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section. If the retired Employee's spouse has or takes
another job which provides health benefits, the Employee's spouse may or may not
accept primary health benefits from such employer. If she/he accepts such benefits,
the Township will be the secondary insurer. The failure of the spouse to accept
primary health benefits from his/her employer shall result in a waiver of health
benefits by such spouse hereunder. In the event the Employee's spouse is no longer
employed, all health benefits provided by the Township hereunder shall be restored
as primary benefits under this section.
The Township reserves the right to change the third party administrators and/or health plans
as long as the benefit levels set forth in this Article (including retirees) are equal or greater. The
Township agrees that should the change result in less coverage, the Township will make up the
difference to the affected individual.
21
E.
When both husband and wife are Township Employees, family coverage will be provided
under only one contract, with the supplemental benefit of 100% coverage for vision and dental, and
100% reimbursement of in-and out-of-network deductibles and copayments.
F.
The provisions under this Agreement do not affect the health benefits coverages of
Employees who retire prior to the effective date of this Agreement, all of which benefits are to be
determined by prior contracts in effect at the time of the retirement; provided, however, that prior
retirees may opt for coverage under the terms of this Agreement during the enrollment period, as
long as they meet the eligibility criteria contained herein.
G.
The Township shall continue to provide a $25,000 life insurance policy on the active
Employee's life only, in addition to the insurance provided by the State pension plan.
H.
Whenever a police officer is a defendant in any action or legal proceeding arising out of, or
incidental to the performance of his duties, the governing body of the Township, subject to the
limitations set forth in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., shall provide said
Police Officer with necessary means for the defense of such action or proceeding, but not for his
defense in a disciplinary proceeding instituted against him by
--- Document: Supervisors ---
AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
COUNTY OF CAPE MAY, STATE OF NEW JERSEY
AND
THE LOWER TOWNSHIP SUPERVISORS UNION
JANUARY 1, 2024 THROUGH DECEMBER 31, 2027
TABLE OF CONTENTS
ARTICLE
PAGE
PREAMBLE
4
ARTICLE I-RECOGNITION
5
ARTICLE II - CHECK OFF
5
ARTICLE III - VACATION
6
ARTICLE IV - HOLIDAYS
8
ARTCILE V - INSURANCE, HEALTH & WELFARE
10
ARTICLE VI - LEAVES OF ABSENCE
14
ARTICLE VII - GRIEVANCE PROCEDURE
17
ARTICLE VIII - SICK LEAVE AND RETIREMENT
19
ARTICLE IX - WORK WEEK
21
ARTICLE X - WAGES
21
ARTICLE XI – LONGEVITY
23
ARTICLE XII - CALL IN TIME
23
ARTICLE XIII – UNIFORMS/EQUIPMENT ALLOWANCES
24
ARTICLE XIV - WORKER'S COMPENSATION
24
ARTICLE XV - GENERAL PROVISIONS
25
ARTICLE XVI - SUPERVISOR'S BUSINESS
25
ARTICLE XVII – EQUAL TREATMENT
26
ARTICLE XVIII - SEPERABILITY AND SAVINGS
26
2
ARTICLE
TABLE OF CONTENTS
PAGE
ARTICLE XIX - MANAGEMENT RIGHTS
ARTICLE XX - TERM AND RENEWAL
3
27
28
PREAMBLE
ath
This Agreement entered onto this day of JULY 2025, by and between the
Township of Lower, in the County of Cape May, New Jersey, a Municipal Corporation
of the State of New Jersey, (hereinafter called the "Township" or "Employer") and the
Lower Township Supervisors, (hereinafter called the "Supervisors") represents the
complete and final understanding on all bargainable issues between the Township
and the Supervisors.
4
ARTICLE I – RECOGNITION
The Employer recognizes the Supervisors as the Bargaining Agent for the
purpose of establishing salaries, wages, hours and other conditions of employment
for all of its employees in the classifications listed in Article XI, which is part of this
Agreement.
ARTICLE II – CHECK OFF
A.
The Township agrees to deduct from the salaries of its employees, subject
to this Agreement, dues for Supervisors of Lower Township. Such
deductions shall be made in compliance with Chapter 123, Public Laws of
1974, (N.J.S.A. (R.S.) 52:14-15.9e, as amended), and member shall be
eligible to withdraw such authority during July of each year.
B.
A check off shall commence for each employee who signs a properly date
authorization card supplied by the Supervisors and verified by the
Treasurer of the Council during the month following the filing of such card
with the Township.
C.
D.
E.
The aggregate deductions from all employees shall be remitted to the
Treasurer of the Council together with the list of names of all employees
for whom the deductions were made by the 15th day of the succeeding
month after such deductions were made.
If during the life of this Agreement, there shall be any change in the rate of
membership dues, the Local Supervisors shall furnish the Township
written notice thirty (30) days prior to the effective date of such change
and shall furnish to the Township an official notification heading Lower
Township Supervisors advising of such changed deduction.
The Supervisors will provide the necessary "check off" authorization for
and the Supervisors will secure the signatures of its members on the forms
and deliver the signed forms to the Township Treasurer.
5
ARTICLE III -- VACATION
A.
Annual vacation shall be granted as follows:
For Bargaining Unit Members employed by the Township or promoted to a
position which requires Bargaining Unit membership:
Up to first year of working service
After 1 year and up to 5 years
After 5 years and up to 10 years
After 10 years and up to 15 years
After 15 years
B.
C.
D.
1 day per month worked
13 working days
16 working days
20 working days
25 working days
Vacations shall be scheduled only with the approval of the Manager. The
Township reserves the right to refuse vacation requests if administrative
pressures so require.
Any vacation leave accruing in any calendar year after 1985 which is
unused by an employee within that calendar year may be used within the
following calendar year, but it shall not be accumulated thereafter, unless
the workload of the department/division prevents the employee from
taking such leave. If this occurs, the employee shall obtain a letter signed
by the Manager and have one placed in his/her personnel file authorizing
this accumulation of unused vacation leave.
Upon regular retirement or resignation in good standing, an employee will
receive remuneration for unused vacation time from the current year and
preceding year of the employee's retirement or resignation in good
standing.. Resignation in good standing is written notice at least 14 days
in advance, and employee will be working or on approved leave in order to
receive unused vacation pay which has accumulated in the year of
retirement or resignation, prorated in accordance with Paragraph D below,
and the immediately preceding calendar year.
Vacation leave entitlements for the entire year shall be credited to the
employee at the beginning of each calendar year in anticipation of
continued employment for the full year. In the event the employee
terminates employment, takes a leave of absence, or has any other changes
in status where such leave is not earned for a portion of the year, the
employer shall recover the prorated value of vacation leave, and if the
employee utilizes more than is earned, he shall be required to reimburse
6
the employer for the value for the used, but unearned, leave. For the
purpose hereof, the prorated value of the vacation leave shall be
determined by i) dividing the number fifty-two (52) by the number of full
weeks in such year as of the date of such termination of employment, leave
or change in status, then ii) multiplying such fraction by the total number
of vacation days credited at the beginning of such year, and then iii)
subtracting the vacation days used in such year.
7
A.
ARTICLE IV – HOLIDAYS
1. All Township employees shall be entitled to the following holidays or
the day observed as such by the Township:
*Christmas
*Thanksgiving Day
Day After Thanksgiving
Lincoln's Birthday
*Fourth of July
Lincoln's Birthday
*President's Day (Washington's Birthday)
*Memorial Day
*New Year's Day
*Labor Day
*Columbus Day
*Veteran's Day
Election Day
Good Friday
* Martin Luther King's Birthday
*Denotes federal holidays.
Lincoln's Birthday will be eliminated and Juneteenth added upon acceptance
of the same by all bargaining units representing employees who are directly
supervised by members of the Supervisor's Union.
2. In the event that any Township employee is required to work on one of
the above-designated holidays, he/she shall be compensated at one and one-half
(11/2) times the employees regular rate of pay, to be paid as part of their regular salary.
3. In addition to the enumerated holidays, all members of this union shall
be entitled to four (4) personal leave days, to be requested seventy-two hours prior
to the desired time off if possible, except in the case of an emergency. Personal leave
entitlements for the entire year shall be credited to the employee at the beginning of
each calendar year in anticipation of continued employment for the full year. In the
event the employee terminates employment, takes a leave of absence, or has any
other change in status where such leave is not earned for a portion of the year, the
employer shall recover the prorated value of personal leave, and if the employee
utilizes more leave than is earned, he shall be required to reimburse the employer for
the value of the used, but unearned leave. For the purpose hereof, the prorated value
of the personal leave shall be determined by i) dividing the number fifty-two (52) by
the number of full weeks in such years as of the date of such termination of
employment, leave or change in status, then ii) multiplying such fraction by the total
8
number of personal days credited at the beginning of such year, and then iii)
subtracting the personal days used in such year.
B. Whenever Township Hall is closed either due to severe weather conditions, or
to the declaration by the Township of a Holiday other than those listed under
Paragraph A.1 of this Article, any employees who are required to work shall be
granted an equal amount of compensatory time off taken within that calendar year.
This section is applicable whenever employees are not charged for the day of
(vacation, etc.) because of severe weather closing.
9
A.
ARTICLE V – INSURANCE, HEALTH & WELFARE
The Township shall provide the following health benefits for all full-time
permanent and provisional employees working thirty (30) hours per week
or more, and their dependents, starting at the beginning of the third full
calendar month of employment.
1. Major medical benefits will be provided in accordance with State
Health Benefits NJ Direct 15. Attached as Exhibit A.
2.
3..
The Township will provide a prescription plan, in accordance with
Local Active Prescription Plan 10/15. Attached as Exhibit B.
Dental plan with payment limitations as follows:
Preventative Maintenance, etc.
4.
100%
Diagnostic and Restorative Treatment
85%
Endodontics and Periodontics
85%
Prosthodontics (Fixed and removable)
85%
Orthodontics
Maximum Benefit:
85%
$1,700 per person per calendar year.
$3,150 lifetime maximum per person for orthodontic service.
A Vision Care Plan - Eye Exam Annually
New lenses, frames, and or contacts once every twenty-four (24)
months as follows:
(subject to arbitrator's decision attached)
Vision Analysis $145
Single
Vision $135
Lenses
Bifocal Lenses
$150
Multi-focal
$165
Lenses
Contact Lenses $175
Frames
$150
10
B.
5.
These benefits, in their amended form, will start on the date of this
Agreement, and shall continue for the life of the term of this
Agreement.
The Township shall provide the following health benefit coverage for
retired employees up to sixty-five (65) years of age;
1. Eligibility
a. Employee retires at age sixty-two (62) older with at least fifteen
(15) years of service with the Township.
b. Employee retires before age sixty-two (62) with at least twenty-five
(25) years of service with the Township.
c. Coverage is for retired employee and those dependents at time of
retirement, but only for as long as they remain dependents.
Subsequent marriage will not make a new spouse and dependents
eligible.
2. Benefits
a.
Basic medical and major medical as described under
Subparagraph A.1 of this Article.
C.
1.
b.
Prescription drug plan as described under Subparagraph A.2 of
this Article.
3. Coordination of Benefits
If the retired employee takes a job with an employer who
provides health benefits, he/she must obtain primary coverage
thereunder, and the Township will be the secondary insurer. The same
applies, if the retired employee's spouse has or takes another job,
which provides health benefits, with employed spouse's benefit
primary.
The Township shall provide the following health benefits coverage for
retired employees who have reached the age of sixty-five (65):
Eligibility
a. Employee retired at age sixty-two (62) or older with at least fifteen
(15) years continuous service with the Township at the time of
retirement.
11
D.
2.
3.
b. Employee retired with at least twenty-five (25) years of service
with the Township, not necessarily continuous at the time of
retirement.
c. Employee retired at age sixty-five (65) or older but with less than
fifteen (15) years of service with the Township, shall be allowed to
participate in any Township group plans for supplemental
Medicare Insurance, (if the Township provides one) and
prescription program as long as the employee pays the premiums.
d. Coverage is for retired employee and spouse, both of who have
reached sixty-five (65). When one employee or spouse reaches
sixty-five (65), the other will continue to receive coverage as
described under Subparagraph B2 of this Article, until he/she also
reaches sixty-five (65).
Benefits are limited to a maximum of $1,500.00 for retired employee
and spouse, to assist in the purchase of a Medicare supplement health
benefits program. Medicare Part B payments/deductions shall have
been authorized by each. The Township reserves the right to purchase
the supplement directly, or to reimburse the retired employee and/or
spouse.
If retired employee or spouse has or takes a job with an employer who
provides health benefits, he and/or she must obtain primary coverage
thereunder, and the Township will be the secondary insurer.
Coordination of benefits will apply.
To the extent that the Federal Social Security Medicare Program changes
the eligible age limits for participation therein, then the age limit of sixty-
five (65) for eligibility for Township health benefits upon retirement shall
be adjusted accordingly, to match the Medicare eligibility requirements.
For example, if the Medicare eligibility age were to be increased to 66 years
(for specific individuals), then the Township's benefits under Paragraph B
of this article would continue at age sixty-six (66), and the Township's
benefits under Paragraph C of this Article would start at age sixty-six (66),
to coincide with the Medicare Terms and Conditions.
E.
The Township retains the right, at its option, to change any of the existing
insurance plans or carriers providing such benefits, so long as the level of
benefits provided to the employees and their eligible dependents are
greater than or equal to the current plan. Notwithstanding the foregoing,
the Township retains the exclusive right to return to the New Jersey State
Health Benefit Plan so long as it provides employees with the coverage
available under the State Health Benefits Plan that is substantially similar
to the employee's current coverage. The Township further reserves the
right, at its option, to self-insure any of said plans and coverages so long as
the level of benefits provided to the employees and their eligible
12
dependents is equal to or better than. In the event the Township changes
any of the existing insurance plans or carriers providing such benefits, the
Township will give the Supervisors thirty (30) days notice prior to
implementing the new Plan or carrier.
F.
When both husband and wife are Township employees, family coverage
will be provided under only one contract, with the supplemental benefit of
100% coverage for vision and dental, and 100% reimbursement of in and
out-of network deductibles and co-payments. When an employee's spouse
works for another employer with family health benefits, then the may opt
out of health insurance provided by the Township. In such event, the
Township shall compensate the employee at the rate of 25% or $5,000.00,
whatever is less, of the annual amount saved by the Township because of
the employee's decision to opt out. Payments will be made in two equal
installments, in June and December of that year in lieu of enrolling the
employee in the Township Plans. An employee who waives coverage shall
be permitted to resume coverage under the same terms and conditions as
apply to initial coverage if the employee ceases to be covered through
his/her spouse for any reason, including, but not limited to, the retirement
or death of the spouse, or divorce.
G.
H.
I.
J.
The provisions of this Agreement do not affect the health benefits
coverage's of employees who retired prior to the effective date of this same
Agreement, all of which benefits are to be determined by prior contracts in
effect at the time of retirement.
The Township agrees to provide a free legal defense to any employee sued
in his or her official capacity for any legal act committed within his/her
authority as a Township employee.
The Township shall provide a $25,000.00 life insurance policy of the
employee's life only, in addition to the insurance provided by the state
pension plan.
Cost Contribution: Bargaining unit members shall contribute to the costs
of the Health Benefits Insurance Plan coverages. All bargaining unit
members shall pay a portion of health care coverage costs consistent with
P.L. 2011, c. 78 (hereinafter "Chapter 78"). In addition, all bargaining unit
members who retire on or after June 28, 2011, shall contribute in
accordance with P.L. 2011, c. 78 (hereinafter "Chapter 78").
13
A.
B.
Military Leave
ARTICLE VI – LEAVE OF ABSENCE
Military Leave shall be provided consistent with applicable law.
Bereavement Leave
An employee shall be granted up to three (3) working days off with pay, for
the purpose of bereavement leave for the loss of a family member from the date of
the death up to and including the day after the funeral. The following is a list of those
persons who qualify within the term "family member":
Mother
Father
Spouse
Grandparents
Sister
Brother
LE
Children
Father-in-law
Mother-in-law
Grandchildren
Aunt
Uncle
Step Children
"Family member" shall also include any relative of the employee or person that
has been residing in the employee's household. Under no circumstances shall the
provisions of this section result in an increase in any employee's normal earnings.
The forgoing list shall include Step-Mother, Step-Father, Step-Sister, Step-
Brother, Half-Sister, Half-Brother, Bother-in-Law, Sister-in-Law, Son-in-Law, and
Daughter-in-Law.
The Township may request documentation from the employee concerning
proof of death and a signed statement as to the relationship of the employee to the
deceased.
C.
Unpaid Leave of Absence
1.
Family/Medical Leave of Absence will be granted in accordance with
the provisions of the Federal Family and Medical Leave Act ("FMLA")
and under the New Jersey Family Leave Act ("NJFLA") and the
regulations promulgated thereunder. Under the provisions of these
statues, the employee is entitled to twelve (12) weeks of leave during a
twelve (12) month period, which leave may be extended at the request
of the employee, upon good cause shown, for up to an additional six (6)
months, excluding the initial twelve (12) week period. The employee
shall be entitled to leave for the employee's own serious health
14
condition, or the need to care for a spouse, child or parent with a
serious health condition. In addition, the employee may take leave to
care for a spouse, child or parent-in-law. The circumstance under
which leave may be taken vary depending on the type of leave
requested and the employer will grant leave in accordance with the
provisions of each statute, the regulations issued for each statute, and
judicial decisions interpreting the requirements of each statute. If the
employee takes FMLA or NJFLA leave, the employee may, at the
employee's option use accrued sick leave, a vacation and other
administrative leave during the FMLA or NJFLA leave. The employer
retains all rights to require proper certification from a health care
provider pursuant to all applicable Laws. Any other leave of absence
shall be granted in the sole and absolute discretion of the Township
Manager and shall not be for a period in excess of six (6) months.
2.
Any unpaid leave of absence granted because of illness or disability will
not result in cessation of insurance, health and welfare benefits set
forth in Article VI. The employee shall not earn any seniority during the
period of such leave of absence, and there will be no additional accrual
of vacation, sick and personal days during the period of such leave of
absence.
3.
As to any unpaid leave of absence granted for any reason other than
illness or disability, the Township shall have sole discretion to
determine if such leave will result in cessation of insurance, health and
welfare benefits during such leave of absence. The employee shall not
earn any seniority during the period of such leave of absence, and there
will be no additional accrual of vacation, sick and personal days during
the period of such leave of absence.
4.
Unless otherwise specifically set forth in this Agreement to the
contrary, all of the provisions of the New Jersey Department of
Personnel Regulations concerning leaves of absence, as set forth in
Title 4A of the New Jersey Administrative Code, Chapter 6, Subchapter
1, as applied to State service, shall apply to members of the Supervisors
Union.
5.
Before an employee goes on FMLA or NJFLA leave without pay, the
employee shall be entitled to use all of the sick, vacation and personal
days, which have been credited to the employee at the beginning of the
year. The employee also acknowledges that sick, vacation and personal
days are not earned during any FMLA or NJFLA leave or any other
unpaid leave of absence. Accordingly, i) if an employee on such leave
does not return o work, he shall reimburse the employer for the paid
sick, vacation and personal days used in excess of his prorated
entitlements as set forth in Article IV - Vacations, Article V - Holiday,
15
and Article XI - Sick Leave and Retirement of this Agreement, or ii) if
an employee on such leave does not return to work, the sick, vacation
and personal days to be credited in the future shall be reduced by such
days used in excess of his prorated entitlements.
16
A.
B.
C.
Purpose
ARTICLE VII – GRIEVANCE PROCEDURE
1. The purpose of this procedure is to secure, at the lowest possible level,
an equitable solution to the problem which may arise affecting the
terms and conditions of this Agreement and to resolve grievances as
soon as possible so as to assure efficiency and promote employees
morale. The parties agree that this procedure shall be kept as informal
as may be appropriate.
2. Nothing contained herein shall be construed as limiting the right of any
employee having a grievance to discuss the matter informally with his
or her immediate supervisor.
Definition
The term "grievance" as used herein means as appeal by an individual
employee or group of employees, from the interpretation, application or
violation of this Agreement, policies and administrative decisions affecting
them.
The following constitutes the sole and exclusive method for resolving
grievances between the parties covered by this Agreement, shall be
followed in its entirety unless any step is waived by mutual consent.
1. STEP ONE
The aggrieved or the supervisor shall institute action under the
provision hereof within ten (10) working days after the event giving
rise to the grievance has occurred or knowledge thereof, and an earnest
effort shall be made to settle the differences between aggrieved
employee and the Manager for the purpose of resolving the matter
informally. Failure to act within said ten (10) working days shall be
deemed to constitute an abandonment of the grievance.
2. STEP TWO
If no agreement can be reached orally within ten (10) working days of
the initial discussion with the Manager, employee or the supervisor
may present the grievance in writing within ten (10) working days
thereafter to the Township Council. The Council will answer the
grievance in writing within ten (10) working days of receipt of the
written grievance.
17
3. STEP THREE
If the grievance is not settled through the intervening steps, either
party shall have the right to submit the dispute to Advisory Arbitration.
The dispute shall be submitted pursuant to the rules and regulations of
the Public Employment Relations Commission.
D.
Upon prior notice to an authorization of the Township Manager, the
designated Supervisor's representative shall be permitted as members of
the Grievance Committee to confer with employees and the Township on
specific grievances in accordance with the grievance procedure set forth
herein during work hours of employees, without loss of pay, provided the
conduct of said business does not diminish the effectiveness of the
Township or require the recall of off-duty employees.
E.
Agents of the Supervisors who are employees of the Township may be
permitted to visit employees during work hours at their workstations for
the purpose of discussing Supervisors representation matters, as long as
such right is reasonably exercised and provided further that there is no
undue interference with the Township work by such agents.
F.
The employer and the Supervisors further agree to give reasonable
consideration to requests of either party for meeting to discuss grievances
pending at any step.
G.
H.
Employees are entitled to Supervisor representation at each and every
step of the grievance procedure.
If a decision is not rendered within the time limits prescribed for decision
at any step in the grievance procedure, then the grievance shall be deemed
to have been denied.
18
ARTICLE VIII – SICK LEAVE AND RETIREMENT
A.
B.
C.
All employees shall retain all pension rights under New Jersey Law and the
Ordinance of the Township of Lower.
Employees shall receive a sick leave credit of one (1) working day for each
completed month of service during the remainder of the first calendar year
of service. Thereafter, all permanent employees shall be entitled to sick
leave on the basis of fifteen (15) days per year. The fifteen (15) days will
be credited at the beginning of the year, and may be used at any time during
the year. If an employee resigns, retires or is otherwise absent, the fifteen
(15) days will be prorated, and if more has been used than earned, it must
be repaid. Sick leave may be utilized by employees when they are unable
to perform their work by reason of personal illness, accident, or exposure
to contagious disease. Sick leave may be utilized for short periods because
of death in the employee's immediately family and defined in Civil Service
Regulations, (N.J.A.C. 4:1-17.15). Sick leave entitlements for the entire year
shall be credited to the employee at the beginning of each calendar year in
anticipation of continued employment for the full year. In the event the
employee terminates employment, takes a leave of absence or has any
other change in status where such leave is not earned, he shall reimburse
the employer for the value of the used, but unearned leave. For the
purpose hereof, the prorated value of the sick leave shall be determined by
i) dividing the number fifty-two (52) by the number of full weeks in such
years as of the date of such termination of employment, leave or change in
status, then ii) multiplying such fraction by the total number of sick days
credited at the beginning of such year, and then iii) subtracting the sick
days used in such year.
1. For all employees hired after January 1, 1986, they shall be entitled,
upon regular retirement, to compensation for 100% of unused sick leave,
up to a maximum of one hundred twenty (120) days.
2. For all employees hired on or after June 18, 2003, the maximum
terminal leave benefit will be $15,000.00.
3. Each retiring employee shall notify the Township Treasurer of his
intention to retire no later than December 1st of the year preceding the year
in which the employee will retire.
4. For the purposes of Subparagraphs C-1 and C-2 of this Article "regular
retirement" shall mean either of the following:
19
D.
a. Retirement at age sixty-two (62) or older with at least fifteen (15) years
of continuous service with the Township at the time of retirement; or
b. Retirement at any age with at least twenty-five (25) years of service
with the Township at the time of retirement, but not necessarily
continuous.
The Township, will at the employee's request, annually buy back five (5)
days of unused sick leave in December of any year, from employees who
have not used more than five (5) sick days that calendar year. For new
employees hired on or after June 18, 2003, the Township may, at its option,
but only upon the employee's request, annually buy back up to five (5) days
of unused sick leave in January of any calendar year, provided that the
employee has not used more than five (5) sick days in the preceding
calendar year ending December 31. The purchased sick leave shall reduce
the terminal benefit in days or hours due to the employee at the time of
retirement pursuant to Paragraph C of this Article.
E.
The Township may require an employee who has been absent because of
personal illness, as a condition of his return to duty be examined, at the
expense of the Township, by a physician designated by the Township. Such
examination shall establish whether the employee is capable of performing
the essential functions of his/her job and that his/her return will not
jeopardize the health or safety of the employee, other employees or of the
public.
F.
G.
All employees shall be entitled to accumulated sick leave days from year to
year to be used if and when needed for such purpose.
Verification of Sick Leave
1. An employee who shall be absent on sick leave for three (3) or more
consecutive working days shall be required to submit acceptable medical
evidence substantiating the illness.
(a) An employee who has been absent on sick leave for periods
totaling ten (10) days in one calendar year consisting of periods of less
than three (3) days, shall submit acceptable medical evidence for any
additional sick leave in that year unless such illness is of a chronic or
recurring nature requiring recurring absences of one (1) day or less in
which case only one certificate shall be necessary for a period of six
months.
(b) The appointing authority may require proof of illness of an
employee on sick leave, whenever such requirement appears reasonable.
Abuse of sick leave shall be cause for disciplinary action.
20
A.
ARTICLE IX – WORK WEEK
The work week for Supervisors is determined by the requirements of the
job. The minimum number of hours for all Supervisors except for those in
the Department of Public Works shall be thirty-five (35) hours. The
minimum number of all hours for Supervisors in the Department of Public
Works shall be forty (40) hours. Notwithstanding the above, all
Supervisors are expected to work the days and hours required for the
normal execution of their management responsibilities. In the event that
Supervisors work in the excess of the minimum hours required for a
normal working week, as essential administrative personnel and pursuant
to the terms and conditions of this Agreement, they shall not be entitled to
receive any additional compensation.
B.
Compensatory time on the books as of December 31, 1996, will be frozen.
This frozen compensatory time shall be bought out by the Township (or
used by the employee) in accordance with a negotiated schedule, starting
in 1997. The Township will purchase up to a maximum of one hundred
(100) hours per calendar year, subject to the availability of funds.
ARTICLE X – WAGES
A. All members of the Supervisors Union covered by this Agreement shall receive
wage increases as follows:
1/1/2024-5%% (retroactive to 1/1/2024 (for current employees only)
1/1/2025-5%
1/1/2026-3%
1/1/2027-3%
Additionally, each unit member shall receive a one-time salary increase
adjustment to their base pay of $1,500.00 that will occur on 1/1/2024
retroactively.
B. In addition to the increase set forth in Paragraph A of this Article, the base
wages for the Superintendent of Public Works shall include an additional
$2,671.71 increased by the same percentage each year as set forth in
Paragraph A (i.e. a 5% increase in 2024 and 2025, and a 3% increase in 2026
21
and 2027). This amount shall be payable in a lump sum on the first regularly
scheduled payday of each year. Provided further that such employees may
elect prior to each calendar year of this Agreement to receive such amounts in
equal bi-weekly installments to be included with his or her regularly
scheduled paycheck. This amount shall be deemed part of the annual salary
for each of the affected employees and shall therefore be deemed earned
proportionately throughout the year. In the event such employee terminates
employment, takes a leave of absence, or has any other change in status where
the aforementioned sum is not earned for a portion of the year, the Township
shall recover from the employee the prorated value, including the
proportionate increase provided by this Agreement.
All individuals covered within this agreement will be provided compensatory
time for working additional time at Township sponsored special events such
as but not limited to "Whale of a Day," "Escape the Cape," "Independence Day
Festival," "Veteran's Parade" and "Christmas Parade." Said time shall be
approved by the Township Manager and submitted promptly. This
compensatory tie is in lieu of overtime pay for overtime worked. Individuals
covered by this agreement will be compensated at straight time in the form of
compensatory time. Compensatory time must be used by March 31st of the
next calendar year and will not accumulate from year to year. Compensatory
time will not be given if the Township receives compensation from a third-
party sponsor of the special event and the individual covered by this
agreement is compensated through those funds.
C. Wage increases are retroactive to January 1, 2024, for all currently employed
employees
D. Current salary raises for 2024 through 2027 shall begin January 1st of each
respective year.
E. All new hires shall receive as a starting salary, a salary no greater than the base
salary listed for that title for the year in which the hire is made.
F. Base Salaries with negotiated increases shall be set forth on Exhibit C attached
hereto and by this reference made a part hereof.
G. The starting salary of anyone replacing any of the listed positions will not be
more than 10% lower than the salary of the person departing and not less than
5% higher than their closest subordinate that they supervise.
H. The Township shall pay for the cost of a course in a state or county college
relating to their job title, subject to approval by the Township Manager. The
Township shall also pay a yearly stipend of $500.00 for an Associate's Degree
and $1000.00 for a Bachelor's Degree to all unit members that have earned
such a degree before or while employed with the Township. Unit members
22
shall only receive one such payment at the rate of the highest degree earned
and shall not otherwise be compensated for multiple degrees. This payment
shall be applied retroactively to 1/1/2024.
1. At the Manager's sole discretion, unit members may be recommended for a
market adjustment or merit based increase of no more than 6% of their base
salary once during the term of the contract. No more than 3 unit members
shall receive such an increase in any calendar year. Any such market
adjustment or merit based increase must be approved by a vote of Council
before being implemented.
ARTICLE XI – LONGEVITY
All longevity is eliminated as of 1/1/2012.
A.
B.
ARTICLE XII – CALL IN TIME
If the Court Administrator or Deputy Court Administrator is called to duty
on his/her time off, he/she shall receive payment at the rate of time and
one-half (1 and 1½) and be guaranteed two (2) hours minimum work,
provided the Township may require an employee to work the minimum
period.
The Court Administrator and the Deputy Court Administrator will receive
time and ½ when actually called to do court business from a location other
than their Township Offices on their days and evenings off (i.e. remote
logins, telephone calls, etc.).
23
ARTICLE XIII – UNIFORMS/EQUIPMENT ALLOWANCES
A.
Employees of the Department of Public Works shall be entitled to a
complement of six (6) sets of uniforms paid for by the Township. All
employees shall be entitled to the replacement of any worn out
--- Document: January 2024 - December 2026 ---
f
AN AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
COUNTY OF CAPE MAY, STATE OF NEW JERSEY
AND
TEAMSTERS LOCAL UNION NO. 676
JANUARY 1, 2024 THROUGH DECEMBER 31, 2026
TABLE OF CONTENTS
ARTICLE
PREAMBLE
PAGE
3
ARTICLE 1- RECOGNITION
4
ARTICLE 2-MANAGEMENT RIGHTS
5
ARTICLE 3-GRIEVANCE PROCEDURE
6
ARTICLE 4- SENIORITY
9
ARTICLE 5-UNION REPRESENTATIVES
10
ARTICLE 6-HOURS AND OVERTIME
11
ARTICLE 7 - HOLIDAY, PERSONAL, BEREAVEMENT AND UNPAID LEAVE
12
ARTICLE 8 - VACATION LEAVE
16
ARTICLE 9-HEALTH BENEFITS AND INSURANCE
17
ARTICLE 10-SICK LEAVE AND RETIREMENT
21
ARTICLE 11-WAGES
24
ARTICLE 12-BULLETIN BOARD
26
ARTICLE 13-WORK RULES
27
ARTICLE 14-NO STRIKE PLEDGE
28
ARTICLE 15-NON-DISCRIMINATION
29
ARTICLE 16-DEDUCTIONS FROM SALARY
30
ARTICLE 17-UNIFORMS
31
ARTICLE 18-SEPARABILITY AND SAVINGS
32
ARTICLE 19-FULLY BARGAINED PROVISIONS
33
ARTICLE 20-CREDIT UNION
34
ARTICLE 21-TERM AND RENEWAL
35
2
PREAMBLE
This Agreement, entered into this day of February, 2024 by and between the
Township of Lower, in the County of Cape May, State of New Jersey, as Municipal
Corporation of the State of New Jersey, hereinafter called the "Township" and
Teamsters Local Union No. 676, affiliated with the International Brotherhood of
Teamsters, AFL/CIO, hereinafter called the "Union", represents the complete and final
understanding of all bargainable issues between the Township and the Union.
3
ARTICLE I-RECOGNITION
The Township hereby recognizes the Union as the exclusive collective
negotiations agent for all employees covered in the certification and more specifically
enumerated by job titles listed below:
1.
Mechanic
2.
Senior Mechanic Diesel
3.
Mechanic Diesel
4.
Equipment Operator
5.
Senior Equipment Operator
6.
Supervising Equipment Operator
7.
Motor Broom Driver
8.
Sign Maker Wood/Metal
9.
Maintenance Repairer
10.
Supervising Laborer
11.
Laborer
12.
Electrician
13.
Mechanics Helper
14.
Recreation & Parks Maintenance Worker/Grounds Keeper
15.
Senior Groundskeeper
16.
Truck Driver - *CDL License Required
17. Animal Control Officer
18.
Senior Maintenance Repairer
19.
Supervising Maintenance Repairer
20.
Maintenance Worker 3/Grounds
Management will provide documentation and updates as to the Civil Service status of filling
all open positions.
4
ARTICLE 2-MANAGEMENT RIGHTS
A.
The Township hereby retains and reserves unto itself without limitation
all powers, rights, authority, duties and responsibilities conferred upon
and vested in it prior to the signing of this Agreement by the Laws and
Constitution of the State of New Jersey and of the United States, including, but
without limiting the generality of the foregoing, the following rights:
1. The executive, managerial and administrative control of the Township
government and its properties and facilities and the activities of its
employees;
2. To hire all employees subject to the provisions of law, to determine their
qualifications and controls for continued employment or assignment and
to promote and transfer employees.
3. To suspend, demote, discharge or take other disciplinary action for good
and just cause according to law.
B.
The exercise of the foregoing powers, rights, authority, duties and
responsibilities of the Township, the adoption of policies, rules and
regulations and practices in furtherance thereof, and the use of judgment
and discretion in connection therewith shall be limited only by the specific and
express terms hereof and in conformance with the Constitution and Laws
of New Jersey and of the United States.
C.
Management shall have the right to institute technological improvements
within the department subject only to the limitations contained herein.
"Technological improvement" is defined as a change in procedures,
equipment or method of operation which has the effect of increasing the
efficiency of the operation of the department, or lowering the manpower
requirements of the department. In the event technological improvements
are introduced, the department will endeavor, as far as practicable, to
institute these improvements in such a manner that there will be the least
possible hardship to employees. Should the Union feel the need that an
injustice has been committed in such action, they may file a grievance under
this Agreement. The sole issue for the arbitrator shall be: "Did the
department act arbitrarily or capriciously in instituting the technological
improvements?"
D.
Nothing contained herein shall be constructed to deny or restrict the
Township of its powers, rights, authority, duties and responsibilities under Title
40 and Title 11 of New Jersey Statutes, or any other national, state,
county or local laws or ordinances.
5
ARTICLE 3-GRIEVANCE PROCEDURE
A.
Prpose
1.
B.
2.
The purpose of this procedure is to secure, at the lowest possible level,
an equitable solution to the problems which may arise affecting the
terms and conditions of this Agreement. The parties agree that this
procedure will be kept as informal as may be appropriate.
Nothing herein contained shall be construed as limiting the right of any
employee having a grievance to discuss the matter informally with any
appropriate member of the department's supervisory staff and having
the grievance adjusted without the intervention of the Union.
Definition
The term "grievance" as used herein means any controversy arising over the
interpretation or adherence to the terms and conditions of this Agreement and may
be raised by an individual, the Union or the Township.
C,
Steps of the Grievance
The following constitutes the sole and exclusive method for resolving
grievances between the parties covered by this Agreement and shall be followed in
its entirety unless any step is waived by mutual consent:
1.
Step One
a.
b.
An aggrieved employee shall institute action under the provision
hereof within five (5) working days of the occurrence of the grievance and
an earnest effort shall be made to settle the differences between the
aggrieved employee and his immediate supervisor for the purpose of
resolving the matter informally. Failure to act within said five (5)
working days shall be deemed to constitute an abandonment of the
grievance.
The supervisor shall render a decision within five (5) working days
following the receipt of a grievance.
Step Two
2.
a.
In the event a satisfactory settlement has not been reached, a written
complaint signed by the employee shall be filed within the department head,
or his representative, within five (5) working days following the
determination by the supervisor.
6
t
b.
3.
a.
b.
4.
a.
b.
C.
d.
The department head, or his representative, shall render a decision in
writing within five (5) working days from the receipt of the complaint.
Step Three
In the event the grievance has not been resolved at step two, then
within ten (10) working days following the determination of the
department head, the matter may be submitted to the Township
Manager.
The Township Manager shall review the matter and make a
determination within ten (10) working days from the receipt of the
complaint.
Step Four
In the event the grievance has not been resolved through step three,
then within ten (10) working days following the determination of the
Township Manager, the matter may be submitted to the Public
Employment Relations Commission for arbitration. An arbitrator shall
be selected pursuant to the rules of P.E.R.C.
However, no arbitration hearing shall be scheduled sooner than 30
days after the final decision of the Township Manager. In the event the
aggrieved elects to pursue Civil Service procedures, the arbitration
hearing shall be cancelled and the matter withdrawn from arbitration.
The arbitrator shall be bound by the provisions of this Agreement and
restricted to those facts which were presented to him as being involved
in the grievance. The arbitrator shall not have the authority to add to,
modify, detract from or alter in any way, the provisions of this
Agreement or any amendment or supplement thereto. The decision of
the arbitrator shall be final and binding upon the parties.
The costs of the services of the arbitrator shall be borne equally
between the Township and the Union. Any other expenses including
but not limited to the presentation of witnesses, shall be paid by the
party incurring the same.
e.
The arbitrator shall set forth the findings of fact and reasons for making the
award within 30 days after conclusion of arbitration hearing, unless
otherwise agreed to by the parties.
f.
Upon request of the Union, the Township shall supply non-confidential
information relating to the specific grievance with regard to which such
information is requested.
D.
Union Representation in Grievance Procedure
1.
At the request of the aggrieved employee, the Shop Steward may
participate in the grievance procedure at step one.
7
2.
The Business Agent of the Union or his designee may participate in the
grievance procedure at step two.
3.
The Business Agent or his designee and the Shop Steward of the Union
may participate in the grievance procedure at step three.
8
ARTICLE 4-SENIORITY
A.
B.
Seniority, which is defined as continuous employment with the Township from
date of last hire, will be given due consideration by the Township in
accordance with the Civil Service Regulations. The employee with the
greater seniority shall have the first option for any higher rated job,
provided the said employee is qualified to handle the job.
All job openings shall be posted by the Township on the employee bulletin
board. Any employee wishing to bid on the position shall do so by notifying
the Director of Public Works in writing.
C.
Once each year, during the month of January, the Township shall compile
and submit to the Union in writing, and then post a seniority list or lists from
the regular payroll records. Any employee hired after said posting shall have
their name added to the list in order of date of hire, and the Union shall be
notified of such additions,
9
ARTICLE 5 – UNION REPRESENTATIVES
Accredited representatives of the Union may enter the Township facilities or
premises at reasonable hours for the purpose of observing working conditions or
assisting in the adjustment of grievances. When the Union decides to have its
representative enter the Township facilities or premises, it will request such
permission from the appropriate Township representative and such permission will
not be unreasonably withheld, provided there shall be no interference with the
normal duties of employees. There shall be no Union business transacted nor
meetings held on Township time or property.
10
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Κ.
ARTICLE 6-HOURS AND OVERTIME
The workday shall consist of eight (8) hours per day from 7:00 a,m, to 3:00
p.m. with one-half hour paid lunch. From June 1st through September 15th,
Summer hours shall be in effect and the workday shall consist of eight (8) hours
per day from 6:30 a.m. to 2:30 p.m. with one-half hour paid lunch
All work performed by employees, in excess of eight (8) hours per day
and/or forty (40) hours per week, including approved sick, vacation, or
personal hours, shall be paid at the rate of time and one-half (1/2).
Employees shall not be scheduled to work more than seven (7) consecutive
days.
When the Township closes for an emergency, the employees that are
requested to stay shall receive time and one half for all hours worked for the
balance of the day.
Employees called in prior to shift during storms shall continue to be paid at
time and one half until released, even for overlap of their regular shift.
Overtime shall be distributed as equitably as possible. The Township must
give reasonable notice of overtime for each day. The Township shall notify
employees the day before for non-emergent overtime.
The overtime provisions of this clause shall apply only to permanent full
time employees.
Employees shall be entitled to call in pay at the following rates:
1. For regular recall, two and one half (22) hours pay at the applicable
rate.
2. For Saturday, two and one half (22) hours pay at time and one half.
3. For Sunday, two and one half (2/2) hours pay at double time.
Trash truck employees are required to: gas up, check oil, check tires and
check lights; in p.m. trucks are to be cleaned out.
Overtime pay shall be paid bi-weekly as earned.
Compensatory Time
1. As a general rule, employees shall be paid for overtime work when it is
authorized by the supervisors. In special circumstances, and at the option
of the supervisor, overtime may be offered and taken as compensatory
time off.
2. Supervisors shall be responsible for seeing to it that their employees
are allowed to take any and all compensatory time off as soon as
possible after it has been earned, and within the calendar year earned;
otherwise, the compensatory time earned that year will be paid in full
at the end of the year.
Rotating overtime for callbacks will be reviewed every six (6) months.
11
ARTICLE 7- HOLIDAY, PERSONAL, BEREAVEMENT AND UNPAID LEAVE
A.
The following holidays shall be recognized or the day observed by the
Township for the following listed holidays:
New Years Day
Martin Luther King Day
Lincoln's Birthday
Washington's Day
Good Friday
Memorial Day
July 4th
Labor Day
Columbus Day
Election Day (General)
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas
B.
All employees who may be scheduled to work on the recognized holidays noted
in this Article shall be paid at the rate of two (2) times for all hours worked
with a minimum of four (4) hours guaranteed. The intent of this Article
is that on those occasions when the employees work on a recognized
holiday, they be paid their regular rate of pay for the holiday and two (2)
times their regular pay for a minimum of four (4) hours.
C.
D.
Employee must work the day before and the day after a holiday to be paid
for the holiday. The only exception is scheduled time off for vacation,
personal day, or sick day (doctor's slip required of sick).
In addition to the time periods listed in other paragraphs of this Article 7
and exclusive of the time periods which may be used under the sick leave
provision as hereafter stated in Article 10, an employee shall be granted up
to three (3) working days off with pay, for the purpose of bereavement
leave for the loss of a family member from the date of death up to and
including the day of the funeral. The following is a list of those person who
qualify within the term "family member":
1.
Mother/Father
2.
Spouse
3.
Children
4.
Grandparents/Grandchildren
5.
Sister/Brother
6.
Step Children
7.
Step Parents
8.
Step Siblings
12
9,
Half Brother/Sister
10.
Mother/Father in law
11.
Aunt/Uncle
12.
Brother-in-law/Sister-in-law
13.
Niece/Nephew
"Family member" shall also include any relative of the employee that has been
residing in the employee's household. Under no circumstances shall the provision of
this section result in an increase in an employee's normal earnings.
E.
1. Each employee shall be entitled to four (4) personal days per
year. Personal days must be used in a calendar year earned. If denied, employees will
be allowed to carry them over into the next year. A note is required from the
supervisor to the Township Manager to verify. The employees must submit their
requests within seventy-two (72) hours of the personal holiday to the Township. The
seventy-two (72) hour request will be waived for emergency situations. Employees
must tell what the emergency is to the supervisor.
2.
3.
Personal days will be given on a first come basis.
Personal leave entitlements for the entire year shall be credited
to the employee at the beginning of each calendar year in
anticipation of continued employment for the full year. In the event the
employee terminated employment, takes a leave of absence, or has any
other change in status where such leave is not earned for a portion
of the year, the employer shall recover the prorated value of
personal leave, and if the employee utilizes more leave than is
earned, he shall be required to reimburse the employer for the
value of the used, but unearned leave. For the purposes hereof, the
prorated value of the personal leave shall be determined by i)
dividing the number fifty two (52) by the number of full weeks in
such years as of the date of such termination of employment, leave
or change in status, then ii) multiplying such fraction by the total
number of personal days credited at the beginning of such year, and then
iii) subtracting the personal days used in such year.
F.
1.
Family/Medical Leave of Absence will be granted in accordance
with the provisions of the Federal Family and Medical Leave Act ("FMLA") and the New
Jersey Family Leave Act ("NJFLA") and the regulations promulgated thereunder. Under
the provisions of these statutes, the employee is entitled to twelve (12) weeks of leave
during a twelve (12) month period, which leave my be extended at the request of
the employee, upon good cause shown, for up to an additional six (6) months,
excluding the initial twelve (12) week period. The employee shall be entitled
13
to leave for the employee's own serious health condition, or the need to care for a
spouse, child or parent with a serious health condition. In addition, the employee may take
leave to care for a parent, child or parent-in-law. The circumstances under which leave
may be taken vary depending on the type of leave requested and the employer will
grant leave in accordance with the provisions of each statute, the regulations for each
statute, and judicial decisions interpreting the requirements of each statute. If the
employee takes FMLA or NJFLA leave, the employee may, at the employee's option used
accrued sick leave, vacation and other administrative leave during the FMLA or NIFLA
leave. The employer retains all rights to require proper certification from a health
care provider pursuant to all applicable Laws. Any other leave of absence shall be
granted in the sole and absolute discretion of the Township Manager and shall not be
for a period in excess of six (6) months.
2.
3.
4.
Any unpaid leave of absence granted because of illness or
disability will not result in cessation of health benefits and
insurance set forth in Article 9. The employee shall not earn any
seniority during the period of such leave of absence, and there will
be no additional accrual of vacation, sick and personal days during the
period of such leave of absence.
As to any unpaid leave of absence granted for any reason other
than illness or disability, the Township shall have sole discretion to
determine if such leave will result in a cessation of insurance, health
and welfare benefits during such leave of absence. The employee
shall not earn any seniority during the period of such leave of
absence, and there will be no additional accrual of vacation, sick and
personal days during the period of such leave of absence.
Unless otherwise specifically set forth in this Agreement to the
contrary, all of the provisions of the New Jersey Department of
Personnel Regulations concerning leaves of absence, set forth in
Title 4A of the New Jersey Administrative Code, Chapter 6,
Subchapter 1, as applied to State service, shall apply to members of
the Union.
5. Before an employee goes on FMLA or NJFLA leave without pay, they
shall be entitled to use all of the sick, vacation and personal days
which have been credited to the employee at the beginning of the
year. The employee also acknowledges that sick, vacation and
personal days are not earned during any FMLA or NJFLA leave or
any other unpaid leave of absence. Accordingly, i) if an employee on
such leave does not return to work, he shall reimburse the employer
for the paid sick, vacation and personal days used in excess of his
prorated entitlements as set forth in Articles 7, 8 and 10 of this
Agreement, or ii) if an employee on such leave does not return to
work, the sick, vacation and personal days to be credited in the
14
future shall be reduced by such days used in excess of his prorated
entitlements.
15
ARTICLE 8 - VACATION LEAVE
A.
Annual vacation leave without pay shall be earned at the rate of one (1)
working day of vacation for each month of service during the remainder of the
calendar year following the date of appointment; thirteen (13) working days
vacation thereafter for every year and up to five (5) years of service;
sixteen (16) working days vacation after the completion of five (5) years of
service and up to ten (10) years of service; and twenty (20) working days
vacation after the completion of ten (10) years of service and up to fifteen
(15) years of service; and twenty-five (25) working days after completion
of fifteen (15) years of service and up. Permanent part-time employees
shall receive vacation credit allowance on a proportionate basis.
B.
Vacation leave must be taken during the current calendar year at such time
as permitted or directed by the appointing authority unless the appointing
authority determines that it cannot be taken because of the pressure of
work. Any vacation leave occurring in any calendar year which is unused
by an employee within that calendar year must be used within the
following calendar year or it shall be lost to the employee. An employee
carrying vacation time pursuant to this paragraph shall be entitled to use
the vacation time in the carry over year.
C.
All employees will submit vacation schedules for the upcoming year by
December 15th of each year, the Township will verify all requests by
December 31st of each year. No more than two (2) mechanics shall be on
vacation at the same time. Employees may switch their scheduled vacations
with other employees, with the approval of the Township. Vacation
schedules are to be prepared by the Director.
D.
Vacation leave entitlements for the entire year shall be credited to the
Employee at the beginning of each calendar year in anticipation of
continued employment for the full year. In the event the employee
terminates employment, takes a leave of absence, or has any other change
in status where such leave is not earned for a portion of the year, the
employer shall recover the prorated value of vacation leave, and if the
employee utilizes more leave than is earned, he shall be required to
reimburse the employer for the value of the used, but unearned, leave. For
the purposes hereof, the prorated value of vacation leave shall be
determined by i) dividing the number fifty-two (52) by the number of full
weeks in such year as of the date of such termination of employment, leave or
change in status, then ii) multiplying such fraction by the total number of
vacation days credited at the beginning of such year, and then iii)
subtracting the vacation days used in such year.
16
ARTICLE 9-HEALTH BENEFITS AND INSURANCE
A.
The Township shall provide the following health benefits for all full-time
permanent and provisional employees working thirty (30) hours per week or
more, and their dependents, starting at the beginning of the third full
calendar month of employment:
1. Health Benefits shall be provided in accordance New Jersey State
Health Benefits Plan (Direct 15).
2. The Township will provide a prescription plan which will require
copayments of $5 for generic and $10 for brand name. There will be one
(1) co-payment per ninety (90) day supply of medication for mail orders.
3. Dental plan with payment limitations as follows:
Preventative Maintenance, etc.
100%
Diagnostic and Restorative Treatment
85%
Endodontics and Periodontics
85%
Prostodontics (Fixed and Removable)
85%
Orthodontics
85%
Maximum Benefit: $1,700 per person per calendar year. $2,950
lifetime maximum per person for orthodontic service.
4. A Vision Care Plan with benefits payable only once every twenty-four
(24) months, except Vision Analysis which shall be annually, as follows: (eye
exams annually and contact, glasses, etc. every two years)
2024-2026
Vision Analysis
$145
Single Vision Lenses
$135
Bifocal Lenses
$150
Multi-focal Lenses
$165
Contact Lenses
$175
Frames
$150
5. These benefits, in their amended form, will start on the date of this
Agreement, and shall continue for the life of the term of this Agreement.
17
B.
C.
The Township shall provide the following health benefit coverage for
retired employees up to sixty-five (65) years of age:
1. Eligibility
a) Employee retires at age sixty-two (62) or older with at least fifteen (15)
years service with the Township.
b) Employee retires before age sixty-two (62) with at least twenty-five
(25) years of service with the Township.
c) Coverage is for retired employee and those dependents at time of
retirement, but only for as long as they remain dependents. Subsequent
marriage will not make a new spouse and dependents eligible.
2. Benefits
a) Basic medical and major medical as described under Subparagraph
9A.1 and in accordance with any State Health Benefits Plan Direct 15
equivalent retiree plan.
b) Prescription drug plan as described under Subparagraph 9A.2 and in
accordance with any State Health Benefits Plan Direct 15 equivalent
retiree plan.
3. Coordination of Benefits
If retired employee takes a job with an employer who provides health
benefits, he/she must obtain primary coverage thereunder, and the
Township will be the secondary insurer. The same applies, if the retired
employee's spouse has or takes another job which provides health
benefits, with employed spouse's benefits primary.
The Township shall provide the following health benefits coverage for
retired employees who have reached the age of sixty-five (65):
1. Eligibility
a) Employee retired at age sixty-two (62) or older with at least fifteen (15)
years continuous service with the Township at the time of retirement.
b) Employee retired with at least twenty-five (25) years of service with
the Township, not necessarily continuous at the time of retirement.
c) Employee retired at age sixty-five (65) or older but with less than
fifteen (15) years service with the Township, shall be allowed to
participate in any Township group plans for supplemental Medicare
Insurance, (if the Township provides one) and prescription program as long
as the employee pays the premiums.
18
D.
d) Coverage is for retired employee and spouse, both of whom have
reached sixty-five (65). When one employee or spouse reaches sixty
five (65) the other will continue to receive coverage as described under
Paragraph 9B, until he/she reaches sixty-five (65).
2. Benefits are limited to a maximum of $1200 per year, for retired
employee and spouse, to assist in the purchase of a medicare
supplement health benefits plan. Medicare Part B
payments/deductions shall have been authorized by each. The
Township reserves the right to purchase the supplements directly, or
to reimburse the retired employee and/or spouse.
3. If retired employee or spouse has or takes a job with an employer who
provides health benefits, he and/or she must obtain primary coverage
thereunder, and the Township will be the secondary insurer.
Coordination of benefits will apply.
To the extent that the federal social security medicare program changes
the eligible age limits for participation therein, then the age limit of sixty- five
(65) for eligibility for Township health benefits upon retirement shall be
adjusted accordingly, to match the medicare eligibility requirements. For
example, if the medicare eligibility age were to be increased to sixty- six
(66) years (for specified individuals), the Township's benefits under
Paragraph 9B above would continue to age sixty-six (66), and the
Township's benefits under Paragraph 9C, above would start at age sixty-
six(66), to coincide with the medicare terms and conditions.
E.
The Township retains the right, at its option, to change any of the existing
insurance plans or carriers providing such benefits, so long as the level of
benefits provided to the employees and their eligible dependents are greater
than or equal to the current plan. Notwithstanding the foregoing, the
Township retains the exclusive right to return to the New Jersey State Health:
F.
Benefit Plan so long as it provides employees with the coverage available
under the State Health Benefits Plan that is substantially similar to the
employee's current coverage. The Township further reserves the right, at its
option, to self-insure any of said plans and coverages so long as the level of
benefits provided to the employees and their eligible dependents is equal to
or better than. In the event the Township changes any of the existing
insurance plans or carriers providing such benefits, the Township will give
the Supervisors thirty (30) days notice prior to implementing the new Plan
or carrier.
The provisions of this Agreement do not affect the health benefits
coverages of employees who retired prior to the effective date of this same
19
Agreement, all of which benefits are to be determined by prior contracts in
effect at the time of retirement.
G.
The Township shall provide a $25,000 life insurance policy on the
employee's life only, in addition to the insurance provided by the state
pension plan.
H.
The Township agrees to provide a free legal defense to any employee sued
in his or her official capacity for any legal act committed within his/her
authority as a Township employee.
I.
Cost Contribution: Bargaining unit members shall contribute to the costs of
the Health Benefits Insurance Plan coverages. All bargaining unit members
shall pay a portion of health care coverage costs consistent with
P.L. 2011, c. 78 (hereinafter "Chapter 78"). In addition, all Bargaining unit
members who retire on or after June 28, 2011, shall contribute in accordance
with P.L. 2011, c. 78 (hereinafter "Chapter 78").
20
ARTICLE 10- SICK LEAVE AND RETIREMENT
A.
All employees shall retain all pension rights under New Jersey Law and the
Ordinance of the Township of Lower.
B.
Employees shall receive a sick leave credit of one (1) working day for each
month of service during the remainder of the first calendar year of service.
Thereafter, all permanent employees shall be entitled to sick leave on the
basis of fifteen (15) days per year. Part time permanent employees shall be
entitled to sick leave as established by regulations. The fifteen (15) days
will be credited at the beginning of the year, and may be used at any time
during the year. If an employee resigns, retires, or is otherwise absent, the
fifteen (15) days will be pro-rated, and if more has been used than earned,
it must be repaid. Sick leave may be utilized by employees when they are
unable to perform their work by reason of personal illness, accident, or
exposure to contagious disease. Sick leave may also be utilized for short
periods because of death in the employees immediate family as defined in
Article 7, Paragraph D, who is seriously ill. Sick leave entitlements for the
entire year shall be credited to the employee at the beginning of each year
calendar year in anticipation of continued employment for the full year. In the
event the employee terminates employment, takes a leave of absence, or
has any other change in status where such leave is not earned for a
portion of the year, the employer shall recover the prorated value of sick
leave, and if the employee utilizes more leave than is earned, he shall be
required to reimburse the employer for the value of the used, but
unearned, leave. For the purposes hereof, the prorated value of vacation
leave shall be determined by i) dividing the number fifty-two (52) by the
number of full weeks in such year as of the date of such termination of
employment, leave or change in status, then ii) multiplying such fraction
by the total number of sick days credited at the beginning of such year, and then
iii) subtracting the sick days used in such year.
C.
All permanent employees shall be entitled to accumulated sick leave days
from year to year to be used if and when needed for such purpose.
D.
The Township will, at the employees request, annually buy back five (5)
days of unused sick leave in December of any year, from employees who
have not used more than five (5) sick days that calendar year. For
employees hired prior to January 1, 2002, the purchased sick leave shall
not reduce the terminal leave benefit in days or hours due to the employee
at the time of retirement pursuant to Paragraphs E.1 and E.2
E.
Retirement
1. For all employees hired prior to January 1, 1982, upon regular
retirement, an employee will receive a terminal leave benefit based
21
upon the cash value of accumulated unused sick leave to a maximum of one
hundred eighty (180) days, at the employee's rate of salary at
retirement.
2. For all employees hired after January 1, 1982, they shall be entitled,
upon regular retirement, to compensation for 100% of unused sick
leave, up to a maximum of one hundred (120) days.
3. For employees hired on or after January 1, 2002, the maximum terminal
leave benefit will be $15,000.
4. Employees with ten (10) years of service resigning in good standing
shall receive compensation for 50% of unused sick leave subject to the
restrictions of Paragraph E1, Paragraph E2 and Paragraph E3.
5. Each retiring employee shall notify the Township treasurer of his
intention to retire no later than December 1st of the year preceding the
year in which the employee will retire.
6. For the purposes of Paragraphs E1, E2, and E3, "regular retirement"
shall mean either of the following:
a)
b)
Retirement at age sixty-two (62) or older with at least
fifteen (15) years of continuous service with, the
Township at the time of retirement; or
Retirement at any age with at least twenty-five (25)
years of service with the Township at the time of
retirement, but not necessarily continuous.
F.
Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him to sick leave, his
supervisor shall be notified promptly as of the employee's usual
reporting time, except in those work situations where notice must be
made prior to the employee's starting time.
2. Failure to so notify his supervisor may be cause of denial of the use of
sick leave for that absence and constitute cause for disciplinary action.
3. Absence without notice for five (5) consecutive days shall constitute a
resignation.
G. Verification of Sick Leave
22
1. An employee who shall be absent on sick leave for five (5) or more
consecutive working days shall be required to submit acceptable
medical evidence substantiating the illness.
a)
b)
An employee who has been absent on sick leave for periods
totaling ten (10) days in one calendar year consisting of periods
less than five (5) days, shall submit acceptable medical evidence
for any additional
--- Document: Township Manager ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2024-375
Title:
A RESOLUTION AMENDING MANAGER MICHAEL LAFFEY'S AGREEMENT WITH THE
TOWNSHIP OF LOWER
WHEREAS, pursuant to Resolution #2020-304, in accordance with N.J.S.A. 40:69-81 et seq., the
Township Council of the Township of Lower appointed Michael Laffey as Manager of the Township of Lower and
authorized the execution of an Agreement between the Township of Lower and Manager Laffey; and
WHEREAS, in 2021, pursuant to Resolution #2021-342, the Agreement was amended to increase the
number of vacation days available to Manager Laffey from 20 days to 30 days; and
WHEREAS, pursuant to the Agreement, Manager Laffey's compensation was set for calendar years
2020 and 2021 at $125,000.00, and the Agreement anticipated an annual review of Manager Laffey's salary
beginning in calendar 2022 and each subsequent year thereafter; and
WHEREAS, Manager Laffey's compensation remained $125,000.00 in calendar year 2022; and
WHEREAS, pursuant to Resolution #2022-364, Manager Laffey's compensation was set at
$128,125.00 for the year 2023; and
WHEREAS, pursuant to Resolution #2023-385, Manager Laffey's compensation was set at
$131,968.75 for the year 2024; and
WHEREAS, in advance of the 2025 calendar year, Mayor and Council find that an increase in the
annual compensation paid to the Township Manager is appropriate.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the Agreement be amended as follows:
The Manager shall be paid in accordance with the salary provisions of the Agreement. He shall be
paid a salary of $137247.50 in 2025. For every year thereafter that Mr. Laffey remains the
Manager, the salary compensation for Mr. Laffey shall be determined on an annual basis prior to
the expiration of the previous year. All remaining provisions of the original Manager's Agreement,
shall remain as stated unless herein modified.
MOTION SECOND AYE
NAY
RECUSE
ABSTAIN ABSENT
CONRAD
COOMBS
ROY
PERRY
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
November 18, 2024
Julie A Picard, Township Clerk
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2023-385
Title:
A RESOLUTION AMENDING MANAGER MICHAEL LAFFEY'S AGREEMENT WITH THE
TOWNSHIP OF LOWER
WHEREAS, pursuant to Resolution #2020-304, in accordance with N.J.S.A. 40:69-81 et seq., the
Township Council of the Township of Lower appointed Michael Laffey as Manager of the Township of Lower and
authorized the execution of an Agreement between the Township of Lower and Manager Laffey; and
WHEREAS, in 2021, pursuant to Resolution #2021-342, the Agreement was amended to increase the
number of vacation days available to Manager Laffey from 20 days to 30 days; and
WHEREAS, pursuant to the Agreement, Manager Laffey's compensation was set for calendar years
2020 and 2021 at $125,000.00, and the Agreement anticipated an annual review of Manager Laffey's salary
beginning in calendar 2022 and each subsequent year thereafter; and
WHEREAS, Manager Laffey's compensation remained $125,000.00 in calendar year 2022; and
WHEREAS, pursuant to Resolution #2022-364, Manager Laffey's compensation was set at
$128,125.00 for the year 2023; and
WHEREAS, in advance of the 2024 calendar year, Mayor and Council find that an increase in the
annual compensation paid to the Township Manager is appropriate.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the Agreement be amended as follows:
The Manager shall be paid in accordance with the salary provisions of the Agreement. He shall be
paid a salary of $131,968.75 in 2024. For every year thereafter that Mr. Laffey remains the
Manager, the salary compensation for Mr. Laffey shall be determined on an annual basis prior to
the expiration of the previous year. All remaining provisions of the original Manager's Agreement,
shall remain as stated unless herein modified.
MOTION SECOND AYE
NAY
RECUSE ABSTAIN ABSENT
CONRAD
COOMBS
X
ROY
PERRY
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
November 20, 2023
Julie A Picard, Township Clerk
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2022-364
Title:
A RESOLUTION AMENDING MANAGER MICHAEL LAFFEY'S AGREEMENT WITH THE
TOWNSHIP OF LOWER
WHEREAS, pursuant to Resolution #2020-304, in accordance with N.J.S.A. 40:69-81 et seq., the
Township Council of the Township of Lower appointed Michael Laffey as Manager of the Township of Lower and
authorized the execution of an Agreement between the Township of Lower and Manager Laffey; and
WHEREAS, in 2021, pursuant to Resolution #2021-342, the Agreement was amended to increase the
number of vacation days available to Manager Laffey from 20 days to 30 days; and
WHEREAS, pursuant to the Agreement, Manager Laffey's compensation was set for calendar years
2020 and 2021 at $125,000.00, and the Agreement anticipated an annual review of Manager Laffey's salary
beginning in calendar 2022 and each subsequent year thereafter; and
WHEREAS, Manager Laffey's compensation remained $125,000.00 in calendar year 2022; and
WHEREAS, in advance of the 2023 calendar year, Mayor and Council have reviewed the Manager's
Performance and find that an increase in the annual compensation is appropriate based upon the Manager's
performance.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the Agreement be amended as follows:
The Manager shall be paid in accordance with the salary provisions of the Agreement. He shall be
paid a salary of $128,125.00 in 2023. For every year thereafter that Mr. Laffey remains the
Manager, the salary compensation for Mr. Laffey shall be determined after a review of his
performance prior to the expiration of the previous year. All remaining provisions of the original
Laffey's Agreement, shall remain as stated unless herein modified.
MOTION SECOND AYE
NAY
RECUSE ABSTAIN ABSENT
CONRAD
COOMBS
ROY
X
PERRY
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
November 21, 2022
Julie A Picard, Township Clerk
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2021-342
Title:
A RESOLUTION AMENDING MANAGER MICHAEL LAFFEY'S AGREEMENT WITH THE
TOWNSHIP OF LOWER
WHEREAS, Resolution #2020-304 appointed Michael Laffey as Manager of the Township of Lower
and accepted the Agreement between the Township of Lower and Manager Laffey; and
2021.
WHEREAS, it is Lower Township Council's intent to amend the Agreement effective November 16,
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey that the Agreement be amended as follows:
CONRAD
COOMBS
ROY
PERRY
Vacation: 30 days per year
MOTION
SECOND
AYE
NAY
RECUSE
ABSTAIN ABSENT
X
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
November 15, 2021
Julie A Picard, Township Clerk
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-304
Title: A RESOLUTION AUTHORIZING THE APPOINTMENT OF MICHAEL LAFFEY TO THE POSITION OF
TOWNSHIP MANAGER AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RESPECT
TO THE SAME
WHEREAS, The Township of Lower ("Township") is a New Jersey municipal corporation operating under an
optional municipal charter council-manager form of government pursuant to N.J.S.A. 40:69A-81, et seq. (the
"Faulkner Act") which requires a municipal manager to manage the day-to-day affairs of the Township; and
WHEREAS, pursuant to N.J.S.A. 40:69A-93, the Township Manager (the, "Manager") shall hold office for an
indefinite term subject to the provisions of the Faulkner Act and removal by a majority vote of the Township Council;
and
WHEREAS, the Township has a vacancy at the position of Township Manager and wish to appoint Michael
Laffey to said position and enter into an agreement that sets forth the terms and conditions of the position.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Lower, County of Cape
May, and State of New Jersey as follows:
1. Mr. Laffey's appointment to the position of Township Manager shall be governed by the provisions of the
Faulkner Act and following terms and conditions as well as those set forth in the attached Agreement
entered into by the Township and Mr. Laffey;
a. The Manager shall be paid in accordance with the salary provisions of the Agreement. He shall be paid
a salary of $125,000.00 in 2020 (prorated for the remainder of the year) and $125,000.00 in 2021. For
every year thereafter that Mr. Laffey remains the Manager, the salary compensation for Mr. Laffey shall
be determined after a review of his performance prior to the expiration of the previous year;
b. The Manager is not a PERS position and thus the Township will not make any pension or other
retirement contributions or payment to or for the benefit of Mr. Laffey. Likewise, Mr. Laffey has declined
the Medical and Rx Health Benefits otherwise accorded to employees who qualify for the Township's
Health Benefits Plan. The Manager shall be reimbursed in the amount of five thousand dollars
($5,000.00) per year to cover the cost of Health Insurance. Said payment will be paid at a rate of four
hundred sixteen dollars and 16/100 ($416.66) per month. Should the Manager opt into the Township
health insurance plan, said payments shall cease immediately.
c. The Manager shall have twenty (20) days of paid vacation, fifteen (15) days of sick leave, and four (4)
personal days to be used in accordance with and subject to the Township's Personnel Policy Manual as
may be amended from time to time (the "Policy Manual"). Mr. Laffey shall not be entitled to any other
paid leave. Upon separation from employment, the Manager shall be entitled to sick leave buyback for
any unused and accrued sick and vacation time remaining at the date of separation to be paid at the
rate of 50% of the cash value of such time to a maximum of $15,000.00 Said vacation time will be
prorated on a yearly basis based upon date of separation.
d. Mr. Laffey shall be subjected to all of the terms and conditions of the Policy Manual unless otherwise
specifically addressed in this Resolution and the Agreement in which case the terms of the Resolution
and the Agreement shall control. In the event any terms of this Resolution conflict with the terms set
forth in the Agreement, this Resolution shall control.
e. Consistent with the provisions of the Faulkner Act and the Agreement, the Manager shall serve at the
will of the Township Council and may be removed, with or without cause. In such case, the Faulkner
Act shall govern as to procedure and the consequences of removal in terms of salary and benefits, and
neither this Resolution nor the Agreement shall create any contractual rights beyond the provisions of
the Faulkner Act.
Ο
MOTION SECOND
AYE
NAY
RECUSE ABSTAIN
ABSENT
CONRAD
X
COOMBS
X
ROY
X
PERRY
X
X
SIPPEL
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on November
16, 2020.
Julie A Picard, Township Clerk
AGREEMENT BETWEEN MICHAEL LAFFEY AND TOWNSHIP OF LOWER
TERM:
Indefinite per the Faulkner Act, N.J.S.A. 40:69-81, et seq.
VACATION, PERSONAL, SICK & FUNERAL LEAVE:
Vacation: 20 days
Sick:
15 days
Personal: 4 days
Upon separation from employment, the Manager shall be entitled to vacation leave and sick
leave buyback for any unused and accrued time remaining at the date of separation to be paid at
the rate of 50% the cash value of such time up to a maximum of $15,000.00. Said leave time will
be available for use as of January 1 of each year in anticipation of continued appointment but
will be pro-rated on a yearly basis based upon the date of separation.
VEHICLE USE, TELEPHONE & TABLET
The Township agrees to supply the Manager with a vehicle to be used on Township business and
when necessary during the course of employment duties for limited personal use. The Township
also agrees to supply the Manager with a smart phone & tablet for Township and such purposes.
COMPENSATION
2020 Annual Salary: $125,000.00 (prorated for the remainder of the year)
2021 Annual Salary: $125,000.00
2022 and beyond: Salary compensation shall be determined by the Township after a review
of Manager's performance on an annual basis. Said review shall take
place prior to the expiration of the calendar year of the year prior.
The Township Manager is not a PERS position and thus the Township will not make any pension
or other retirement contributions or payments to or for the benefit of the Manager. Likewise, the
Manager has declined the Medical and Rx Health Benefits otherwise accorded to employees who
qualify for the Township's Health Benefits Plan. The Manager shall be reimbursed in the amount
of five thousand dollars ($5,000.00) per year to cover the cost of Health Insurance. Said payment
will be paid at a rate of four hundred sixteen dollars and 16/100 ($416.16) per month. Should the
Manager opt into the Township health insurance plan, said payments shall cease immediately.
WORKWEEK:
It is understood that the Manager will dedicate himself to performing his duties as in N.J.S.A.
40:69A-95, however, the Manager shall work an average of forty (40) hours per week with
sufficient time devoted for optimal job performance but varying based on specific assignments,
emergencies, seasonal demands, and other expected factors. All parties endorse a policy of
flexibility which will allow the Manager to adjust normal working hours as conditions require for
the duty of his office and to perform duties, attend meetings, and work hours as may be required
to properly represent the Township. All other terms and conditions not specifically outlined
above are governed by the Supervisor's Union Contract and the Lower Township Personnel
Manual.
Under the Faulkner Act and the Township Code, the Manager serves at the will of the Township
Council and may be removed with or without cause pursuant to statutory law. In such case, the
Faulkner Act shall govern as to the consequences of removal in terms of the Faulkner Act.
It is contemplated that the provisions of this Agreement shall be incorporated into a resolution
appointing Mr. Laffey to the position of Township Manager and authorizing the Township
Council to enter this Agreement with the Manager. To the extent that the terms of the Resolution
conflict with any of the terms of the Agreement, the terms set forth in the Resolution shall be
controlling.
Michael Jaffay
Michael Laffey, Township Manager
Frank Sip
Frank Sippel, Mayor
Julie Picard, Township Clerk
--- Document: Deputy Manager ---
EMPLOYMENT CONTRACT AGREEMENT BETWEEN THE TOWNSHIP OF LOWER AND
THE DEPUTY MUNICIPAL MANAGER OF THE TOWNSHIP OF LOWER
THIS AGREEMENT dated 14 January 2025 is by and between the Township of Lower, and
Christina Lewis, of North Cape May, New Jersey 08204.
POSITION: Deputy Municipal Manager
TERM: Indefinite per the Faulkner Act, N.J.S.A. 40:69-81 et seq.
ARTICLE 1:
MANAGEMENT RIGHTS: The Township hereby retains and reserves unto itself all powers,
rights, authority, duties, and responsibilities conferred upon and invested in it prior to the signing
of this agreement, by the laws and constitution of the State of New Jersey and of the United
States.
ARTICLE 2:
DUTIES AND RESPONSIBILITIES: The Deputy Municipal Manager shall perform required
duties in a diligent manner and in accordance with The Township of Lower Ordinance #2024-16.
The Deputy Municipal Manager will still perform functionalities and oversee Human Resources.
ARTICLE 3:
WORK WEEK: The position of Deputy Manager is a salaried position compensated pursuant to
the Salary Ordinance and determined by the Council -Manager form of government. The Deputy
Manager shall work on average a minimum of 35 hours per week. Time requirements for optimal
job performance vary based on specific assignments, conferences, meetings, or other factors.
All parties endorse a policy of flexibility which will allow the Deputy Manager to perform duties,
attend meetings, and work in alternate locations as required to accurately represent the
Township.
ARTICLE 4:
SICK LEAVE/VACATION/PERSONAL: The Deputy Municipal Manager shall be entitled to 15
days of sick leave, 20 days of vacation, and four personal days. Upon separation from
employment, the Deputy Municipal Manager shall be entitled to vacation leave and sick leave,
buy back for any unused and accrued time remaining until the date of separation to be paid at
the rate of 50% the cash value of such time up to a maximum of $15,000.00. Said leave time
will be available for use as of January 01 of each year in anticipation of continued appointment
but will be pro-rated on a yearly basis based upon the date of separation.
ARTICLE 5:
COMPENSATION: During the terms of this Agreement, effective 14 January 2025 the Deputy
Municipal Manager shall receive the following base wages:
01/14/2025: $92,000.00
Any changes to this year's salary shall be determined by the Township after a review of the
Deputy Municipal Managers performance. Renewal and update of the contract/agreement will
happen on an annual basis following the same timeline as the Manager in conjunction with the
same salary increases provided under the supervisor's contract.
The Deputy Municipal Manager is not in a PERS position and thus the Township will not make
any pension reductions or other retirement contributions or payments to or for the benefit of the
Deputy Manager once approval has been finalized with Pension and Benefits; Finance will be
notified upon completion.
ARTICLE 6:
OTHER: All other terms and conditions not specifically outlined above are governed by the
Supervisor's Union contract and the Lower Township Personnel Manual; to include college
reimbursement.
IN WITNESS THEREOF, the parties hereto have caused this document to be properly signed
and sealed this 14 day of January 2025.
BY:
January
14 Jary 2025
Sign/Date Christina Lewis, Deputy Municipal Manager
BY:
1/14/2025
Sign/Date Michael Laffey, Municipal Manager
BY:
Sign/Date Frank Sippel, Mayor
1/23/2025
BY:
Sign/Date Julie Picard, Municipal Clerk
1/23/2025Protected Document Content
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"...hip, unless otherwise agreed in advance. If paid by the Township, the Township Manager will establish a maximum per diem rate for meals not to exceed $100 per day and the Chief will be required to provide receipts for all expenditures. The Chief of Police shall also be required to provide a written report to th..."
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Kevin Lewis
Chief K
Donald Vanaman
Deputy Police Chief
Michael Laffey
Township Manager
Julie Picard
Township Clerk
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Apr 2, 2026
Last Info Update
Apr 2, 2026
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