Memorandum of Agreement between
Village of Ilion and Ilion Police benevolent Association, Inc.
In regards to our latest Collective Bargaining Agreement for the period of time (June l , 2016May 31, 2019) it is agreed upon by both the Village and the Association the following:
Section 11- Overtime
The reduction of compensation time earned, reduced from 2 times the amount of time worked to
1.5 times the amount of time worked, and will not take effect until ratification of the contract (effective February 1, 2017).
Section 14- Longevity
The longevity agreement within the Bargaining Agreement will take effect upon ratification of the contract (effective February 1, 2017), therefore no longevity increase will be included within any retroactive pay received as a result of the 2% base pay increase, which will take effect on 6/1/16. (Only the 2% base pay increase will be paid retroactively from June l , 2016.)
Section 25.1 Training Incentive (New section created within the agreement)
Noted within the agreement to justify hours of training being Police related (no memorandum needed for this section.
For the Village For the Association
Mayor, Terry Leonard
COLLECTIVE BARGAINING AGREEMENT
Between
VILLAGE OF ILION
and
ILION POLICE BENEVOLENT ASSOCIATION, INC.
FOR THE PERIOD:
06/01/2016 thru 5/31/2019
PBA
1 2
SECTION
TITLE
PAGE
Section I
- Recognition
3
Section 2
- Condition of Work
3
Section 3
- No Right to Strike
3
Section 4
- Village Operations
3
Section 5
- New Positions
3
Section 6
- Seniority
3
Section 7
- Hours. Work Week. & Scheduling
Section 8
- Time Off For PBA Affairs
6
Section 9
- School Crossing Guards
6
Section 10
- Salary
Section I I
- Overtime
8
Section 12
- Shift Differential
9
Section 13
- Extra Pay For Acting Sergeant
9
Section 14
- Longevity
9
Section 15
- Benefit Time
9,10
Section 16
- Designated Holidays
10
Section 17
- Sick Leave
Section 17.1
- Rules Governing Sick Leave
12
Section 18
- Personal Leave
12,13
Section 19
- Bereavement Leave
13
Section 20
- Time off for Installation Dinner
14
Section 21
- Health Insurance
14
Section 22
- Retirement
14
Section 23
- Uniform Allowance
14,15
Section 24
- Book Allowance
15
Section 25
- Professional Training & Improvement Courses
15
Section 25.1
- Training Incentive
15
Section 26
- Settlement of Disputes
16,17
Section 27
- Discipline and Discharge
Section 28
- Employee Review of Personnel Records
19
Section 29
Jury Duty
20
Section 30
- Deferred Compensation Programs
20
Section 3 1
- Education Incentive
20
Section 32
- Savings Clause
20
Section 33
- Duration
20
Section 34
- Approval
21
Execution
- Seal and Signatures
21
TABLE OF CONTENTS
The VILLAGE OF ILION, hereinafter referred to as the "Village" and the ILION POLICE BENEVOLENT ASSOCIATION, INC. OF ILION, NEW YORK, hereinafter referred to as the "Association" agree as follows:
SECTION 1 - RECOGNITION
The Village recognizes the Association as the exclusive representative of the bargaining unit consisting of all full-time civil service uniformed and investigative police personnel within the Ilion Police
Department authorized to exercise police powers under the Laws of the State of New York and Village of Ilion.
Members of the Police Department who are expressly EXCLUDED from the Association are the Chief of Police and civilian dispatchers. Because non-contractual dispatchers are included in the minimum staffing requirements, they are referred to in this Agreement. However, dispatchers are not entitled to receive any of the benefits granted by this collective bargaining agreement.
SECTION 2 - CONDITION OF WORK
Wages, hours and all other conditions of employment legally in effect at the time of execution of this Agreement shall, except as improved herein, be maintained during the term of this Agreement. No employee shall suffer a reduction in any benefits as a consequence of the execution of this Agreement.
SECTION 3 - NO RIGHT TO STRIKE
This Association hereby affirms that it does not assert the right to strike against the Village, either directly or indirectly, or to impose an obligation to conduct, assist or participate directly or indirectly in such a strike in compliance with Section 207, subdivision 3 of the Taylor Law, Article 14 of the Civil Service Law of the State of New York.
SECTION 4 - VILLAGE OPERATIONS
The Association understands the importance of the normal and orderly conduct of the Village's business and operations, and the Association and its members will cooperate and assist the Village in the performance of its duties and obligations to the citizens thereof. The provisions of this Agreement will be expressly limited to salaries, benefits and other conditions of employment ofthe covered employees of the Village of Ilion and shall not in any way be construed to restrain or limit the Village in the full and absolute management of its affairs.
SECTION 5 - NEW POSITIONS
Newly created and vacant positions shall be filled according to Civil Service requirements. In making assignments to promotional positions, they shall be filled by current members of the Ilion Police Department in accordance with the Civil Service Law.
SECTION 6 - SENIORITY
Seniority shall be defined as the total length of continuous service as a regular police officer with the Village of Ilion
PBA70'd
SECTION 7 - HOURS WORK WEEK and SCHEDULING
12-HOUR SHIFT SCHEDULING - (7am-7pm, 3pm-3am: &7pm-7am only)
The standard workday shall be twelve (12) continual hours, and the standard work week shall be considered as a forty (40) hour work week. The four (4) hours worked in excess of eighty (80) hours in a two-week period shall be applied toward Earned Pass Days, in accordance with Section J below.
B. The standard tour of duty shall consist of one twelve (12) hour shift per day. Each shift shall consist of at least three (3) persons on duty, excluding the Chief of Police and the Investigator. "Three (3) persons" on duty may be defined to include one (l ) non-contractual civilian dispatcher and two (2) contractual police officers. The Chief of Police or the party performing the duties of the Chief of Police may, at his or her absolute discretion, declare that a staffing emergency exits, in which case the Investigator shall, for the limited time that the staffing emergency remains in effect, be treated as one ( l ) of the on-duty officers. For purposes of meeting minimum staffing requirements, it is understood and agreed that every reasonable effort shall be made to avoid staffing emergencies; and if one is declared by the Chief of Police, every reasonable effort will be made to limit it's duration.
The three (3) basic work shifts will approximate the following schedule with the exception of those days when the clocks are set ahead or behind due to the time changes in the spring and fall:
7AM Shift 0700 hours to 1900 hours
7PM Shift 1900 hours to 0700 hours
3PM Shift 1 500 hours to 0300 hours
c. Those officers working the 7PM shift on the night of the time change in the fall when the clocks are turned back will receive one ( l ) hour of overtime pay. In the spring when the clocks move forward one hour, officers working the 7PM shift will be given credit for the full 12-hour shift.
D. The 3PM to 3AM shift shall consist of one ( l ) contractual person, but this person cannot be a Sergeant, Investigator or Captain.
E. The standard work week shall be based on a twenty-eight (28) day cycle. The current schedule, plus the next (2), shall be posted at all times. No change shall be made to the schedules without both oral and written mutual agreement between the Chief of Police and the Member.
The Chief of Police shall schedule all Patrol Officers according to the following guidelines:
On or about October I of each year, all officers shall submit their bids for the 7AM. 7PM, or 3PM shift for the following year. Patrol Officers shall bid on either the 7 AM, 7 PM, or 3PM shift. Each shift will be comprised of two (2) squads. Four (4) officers shall be assigned to the 7AM shift, six (6) officers to the 7PM shift, and one ( l ) officer to the 3PM shift.
2. The Sergeants shall bid on either the 7AM or 7PM shift, with two Sergeants being assigned to each of 2 shifts.
3. Bids will be based on rank with time and Department Seniority, with final squad selections to be determined by the Chief of Police.
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All officers scheduled for duty by the Chief of Police shall have their days off remain constant throughout the year, or the fifty-two (52) week work schedule, unless an officer makes an exchange of schedules with another officer.
H. 3PM to 3AM Officer: The officer assigned to the 3PM to 3AM shift shall be governed by the following guidelines:
Prior to work schedules being posted, the Chief of Police has the right to move, if needed, the time of the hours worked to either the 7 AM or 7 PM shift but shall not change the days worked. These shift changes shall not occur more than 28 times/year unless by mutual agreement.
2. The officer assigned to this shift will alternate between the two 7AM and 7PM shifts every 12 weeks.
3. The 3PM to 3AM officer shall not be used to cover any personnel shortages created by another member-s use of Bereavement, Personal, or Sick/Family Illness Leave.
4. There shall be no less than six (6) hours ofT-duty time between re-assigned shifts.
Matched Exchange of Schedule:
An exchange of schedules or shifts can only be made between two (2) members. No three-way exchange of schedules or shifts will be permitted without written approval of the Chief of Police.
2. The Chief of Police will not approve an exchange of schedules that includes a member's pre-scheduled Benefit Time if such exchange will create an unexpected short shift.
3. When members exchange work schedules, those members shall be merged into their exchanged schedule as though initially assigned to such with all contractual rights intact, EXCEPT as noted in (1-2) above regarding Benefit Time. There will be no personal loss in seniority for overtime consideration for another officer•s use of sick leave to the members who exchange shifts.
4. For the purpose of determining short shifts after an exchange: previously filled shifts will remain with the officer originally assigned but any subsequent openings shall be filled with the exchanged officer's seniority considered.
5. All personnel, including non-contractual dispatchers, may exchange/trade work shifts with any other employee on their schedule or any other schedule as long as a resulting shift does not have more than one ( l ) Sergeant or one (l) non-contractual dispatcher on duty at any time. The only exception to this rule is that more than (2) Sergeants may be on duty at the same time in an overtime situation resulting from the contractual selection process for overtime.
6. No mutual exchange of shifts will exceed the number of days in the schedule as posted by the Chief of Police unless an emergency exists. The Chief of Police or one acting on his/her behalf should approve the exchange.
J. Earned Pass Days: Earned pass days (12 hr. shift workers earn 12 hrs. every 6 weeks) may be requested off under the following guidelines:
Members will submit day-off requests to the Chief for Earned Pass Day(s), with requests being granted ifthe shift is covered at the time of request.
2. All earned Pass Days (totaling 96 hours in each calendar year) must be used prior to the completion of the first full six-week period of the new calendar year or forfeited. Unused Earned Pass Days will not be added to the member's Comp Time totals, are not subject to doubling, and are not used in calculation for buyout upon retirement.
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K. Other Work Schedules:
Investigator: The Investigator shall work according to a schedule established at the discretion of the Chief of Police on a day-by-day basis as required for investigative purposes and shall be exempt from the basic work shifts described in Section 7. The
Investigator will receive all other contractual benefits provided to members of the P.B.A.
2. Captain: The Captain will be scheduled to work from 7AM-3PM and can be included in Sect 7-B with regards to the above hours. The Captain's schedule will be posted in compliance with Sect 7-E with no changes to be made after posting of same, except upon written request by the Captain. The Captain's days off will remain constant. The Captain will receive all other contractual benefits provided to members of the PBA.
L. No member covered under this Agreement will suffer any loss of benefits due to a benefit granted by the Chief of Police to an employee of the Ilion Police Department who is not covered under this Agreement.
SECTION 8 - TIME OFF FOR PBA AFFAIRS
The Village of Ilion will allow up to 160 hours to conduct PBA business. The hours will be requested by the PBA President and then submitted to the Chief of Police. The attending officer's shift will be maintained, and the work schedule arranged to allow time off.
SECTION 9 - SCHOOL CROSSING GUARDS
Except in an emergency, members of this Department shall be excluded from performing the duties of school crossing guards.
SECTION 10 - SALARY
The following salary schedules shall be in effect for:
6/1/16 thru 5/31/17
Patrol Officers
1st year
2nd year
3rd year
4th year
$43,549.21
Sergeants
$44,924.52
$46,665.73
$50,295.11
1st year
2nd year
3rd year
4th year
$54,384.22
Investigator
$56,035.12
$57,545.56
$59,525.26
1st year
2nd year
3rd year
4th year
$54,153.18
$55,794.20
$57,435.21
$59,158.27
Captain
$61,537.70
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6/1/17 thru 5/31/18
Patrol Officers
1st year
2nd year 3rd year
$44,420.19
Sergeants
$45,823.01 $47,599.04
1st year
2nd year 3rd year
$55,471.90
Investigator
$57,155.82 $58,696.47
1st year
2nd year 3rd year
$55,236.24
Captain
$62,768.46
Patrol Officers
$56,910.08 $58,583.91
6/1/18 thru 5/31/19
1st year
2nd year 3rd year
$45,308.59
Sergeants
$46,739.47 $48,551.02
1st year
2nd year 3rd year
$56,581.33
Investigator
$58,298.94 $59,870.40
1st year
2nd year 3rd year
$56,340.96
$58,048.28 $59,755.59
4th year
$51,301.01
4th year
$60,715.77
4th year
$60,341.44
4th year
$52,327.03
4th year
$61,930.09
4th year
$61,548.27
Captain
$64,023.83
B. All yearly salaries of Police Officers will be divided by 52 for a weekly salary and then by 40 for the hourly salary. Payroll will be bi-weekly (including OT earned). Pre-scheduled Benefit Time, Buyback, etc., will not be paid prior to usage but at the time same appear on the Benefit Time Schedule. Bonus checks (college/sick incentives) and book/clothing voucher reimbursed purchases, etc., will continue to be paid separately from the bi-weekly payroll.
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SECTION 11 - OVERTIME
When a shift becomes short of manpower or an emergency exists, the officer in charge of the Police Department at that time shall have the authority to request officers to work. If unable to fill the open shift, the officer in charge shall order and assign officers on the basis of reverse seniority (i.e. junior officer(s) being ordered to report to work first).
📷Time and one half shall be paid for all hours worked in excess of the member's regularlyscheduled shift hours in a workday. Overtime shall include all time spent in appearances related to the performance of their duties as police officers which are compelled by subpoena or directed by the Chief of Police or his/her designee before all duly-constituted governmental agencies or hearings, administrative or otherwise, with a minimum of four (4) hours' time granted for such appearances. For the purpose of this provision. Benefit Time, Sick Leave and Personal Leave days shall be considered time worked. If any member of the Police Department is called back after their tour of duty has ended or is required to appear before their daily tour is to begin, they shall be paid time and one-half for such time, with a minimum pay of four (4) hours time.
B. For short-term temporary shift availability affecting the minimum three-person staffing, off-duty members contacted to cover for M. H. L. transports, C. A. C. appointments, and Child Restraint Safety Programs will receive a minimum of two (2) hours call-in. If the event duration exceeds the minimum two (2) hour period, the officer will receive the standard minimum call-in of four
(4) hours.
c. Officers will not be required to stay on duty any longer than it takes to complete the assigned duty.
D. Shift overtime shall be offered in accordance with the following procedure:
📷The corresponding opposite shift off shall be called first, by seniority, then the alternate/opposite shift off.
2. The 3PM to 3AM officer shall be included for overtime on their scheduled days off for the 7PM-7AM shift they mirror, with the same seniority considerations.
3. Department Seniority will be offered either as a whole shift (12 hours) or in half-shifts (6 hours) defined as 7AM-l PM, I PM-7PM, 7PM-lAM, or IAM-7AM.
4. The Captain and the Investigator shall be considered eligible for overtime based on seniority on their scheduled days off for the 7AM-7PM shift.
5. In the event the hours of 1500-1900 or 0300-0700 become short of minimum complement, the partial shift will be filled according to all available members in accordance with Department Seniority
6. Any overtime shift offered shall not create a workday that exceeds eighteen (18) hours of continuous duty.
7. Officers may, at their discretion, elect to earn "Comp Time" in lieu of receiving overtime compensation. If members elect Comp Time, they will submit a CT Earned Form to the Captain, who will maintain records of earned/used time. Members will earn Comp Time at (l .5) times the actual time that was worked. Comp time usage is at a member's discretion but can only be requested when, at time of submission, the request would not create overtime.
8. When the Chief of Police is off duty, the Captain/Officer in charge of the Department will be advised by the member(s) of all schedule changes when they occur and shall notify the Chief of Police upon the Chief's return to duty.
SECTION 12 - SHIFT DIFFERENTIAL
Members of the Ilion Police Department shall receive an additional twelve percent (12%) differential in their scheduled salary for working between the hours of 3PM to 7AM.
SECTION 13 - EXTRA PAY FOR ACTING SERGEANT
There will be a five (5) percent increase of base pay per working shift or any part thereof for an officer who is not a regular Sergeant and is assigned as Acting Sergeant. Acting Sergeants shall be assigned at the discretion of the Chief of Police.
SECTION 14 - LONGEVITY
Members of the Ilion Police Department will receive the following longevity increments after the number of full years of service listed:
After 3 years
$ 600
After 7 years, an additional
$ 625
After 12 years, an additional
$ 650
After 17 years, an additional
$ 725
After 20 years, an additional
$ 800
Maximum Longevity
$3,400
SECTION 15 - BENEFIT TIME
A. All members of the Bargaining Unit will receive benefit time as follows:
After one ( l) year of service
192 hours
After five (5) years of service
- 228 hours
After ten (10) years of service
264 hours
After fifteen (15) years of service
288 hours
After twenty (20) years of service
- 3 12 hours
After twenty-five (25) years of service
12 hours additional per year, not to exceed
thirty-six hours, with a maximum of 348 hours.
B. Scheduling Policy:
November I st of the current year will be the date on which all members of the Village of Ilion Police Department may select the use of their benefit time for the following calendar year. Members may use as much of their benefit time as they wish with the following restrictions:
a. No more than ten (10) days may be used consecutively in one 28-day period.
b. Summer Sign-Up process:
( I ) A maximum of two consecutive calendar weeks may be used per member.
(2) A member may also take only one week or select no time in this period.
2. All prescheduled use of Benefit Time must be used in terms of whole calendar weeks.
3. Benefit time will be granted according to squad seniority, with most senior member selecting first and then continuing in descending order.
4. Unused Benefit Time will be granted in terms of individual days, to be used in accordance with these guidelines:
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a. No two members working the same shift shall be allowed to use Benefit Time at the same time unless the minimum complement of three (3) persons is still satisfied after the additional member(s) submits a request for Benefit Time.
b. Utilizing Benefit Time may not cause overtime unless it is approved prior to the creation of overtime or unless otherwise authorized by the Chief of Police.
c. All requests for use of Benefit Time shall be restricted to the current posted schedules and must be submitted at least forty-eight (48) hours in advance unless approval from the Chief of Police is granted.
d. Any officer may, who after receiving approval for Benefit Time, at his/her request, notify the Chief of Police 48 hours before said day and cancel the request, returning to his/her shift as originally scheduled. In the event the original request created overtime, the overtime would be canceled.
c. After 10 years of service with the Department, members may buy back (l) week (40 hrs) or two (2) weeks (80 hrs) of Benefit Time. Members electing this option will receive normal pay for working and normal pay for the Benefit Time worked.
SECTION 16 - DESIGNATED HOLIDAYS
Holiday Time is included in the above Benefit Time hours but listed here for members with less than one (l ) year of service. Those newly hired members who work the following specified holiday(s) will receive, upon written request to the Chief, another shift off, subject to the provisions of Section 1 5B-4b. Upon completion of the I st year of service, a member will utilize the Benefit Time schedule above.
New Year's Day — January I
Martin Luther King Day — as observed
President's Day — as observed
Good Friday — as observed
Memorial Day — Last Monday in May Independence Day — July 4
Labor Day — I st Monday in September
Columbus Day — 2 nd Monday in October
Veterans Day — November I I
Thanksgiving — Last Thursday in November
Friday after Thanksgiving December 24
Christmas — December 25
SECTION 17 - SICK LEAVE
The Village, in its recognition of sound employee relations and the practice of granting earned sick leave, grants the following sick leave plan to the members of the Ilion Police Department:
All members of the Ilion Police Department will be eligible for twelve (12) hours of Sick Leave per month after three (3) months service with the Ilion Police Department. Members may accumulate a total of two thousand-one hundred-sixty (2, 160) hours of Sick Leave. Sick Leave shall not be paid in excess of individual accruals, except if authorized by the Village Board.
B. An employee who has attained two thousand-one hundred-sixty (2, 160) hours of accumulated Sick Leave will cease to be granted the twelve (12) hours of Sick Leave per month. However, should an employee use any part of his/her maximum accumulated Sick Leave, the member will again start to earn sick leave at twelve (12) hours per month beginning the first month after returning to full duty. Accumulation will continue until the employee has again reached the maximum accumulation of two thousand-one hundred-sixty (2, 1 60) hours.
c. Members may donate sick leave hours to the Sick Bank in accordance with Section 1 7-H2, but in NO case will this increase any member's accumulated time or buy out at retirement.
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D. In the event an employee has been absent resulting from a compensation injury, he/she may elect to use accumulated Sick Leave to make up the difference between weekly compensation pay and the regular hourly rate of pay per week. The accumulated Sick Leave in this instance will be treated as used Sick Leave under paragraph "B" above.
E. Members may take up to one hundred twenty ( 120) hours of accumulated Sick Leave per year for family illness. For purposes of this Section, "family" shall be defined as a spouse, natural/adopted child to age 18 (21 if enrolled as a full-time student), or stepchild residing in the same household to age 18 (21 if a full-time student). This paragraph is not intended to limit a member's right to take unpaid leave pursuant to the Family Medical Leave act (FMLA).
Upon retirement, payment for unused Sick Leave will not exceed eleven hundred sixty ( l , 160) hours. Members will be paid at 100% of their regular rate of pay. The member's outgoing rate of pay will be used. The value of this benefit, computed at the employee's straight time hourly rate, may be taken as a lump sum payment or, at the member's discretion, may be applied to continue the retired employee's current family medical insurance program for the number of months for which this benefit will be sufficient to pay the required premium.
G. In the event of a member's death prior to retirement, his/her spouse or next of kin will receive payment for any unused sick leave. This benefit will not exceed eleven hundred sixty ( l , 160) hours.
H. Sick Bank
For the purpose of providing additional Sick Leave for eligible members suffering from a prolonged serious illness or injury, a voluntary Sick Bank shall be established which shall be jointly administered by the Association and Village.
2. All members who have completed one ( l ) full year of service with the Village may become a member of the Sick Bank by donating twenty-four (24) hours of accumulated Sick Leave to the Bank upon his/her initial enrollment and twelve (12) hours each calendar year thereafter. Members may not exceed either the initial enrollment or annual donation hours. Such donations to the Sick Bank shall be made by December 1 5 th of each year, with the individual member's accumulated Sick Leave hours reduced accordingly.
3. There is no maximum limit to the number of hours a member may donate to the Sick Bank over his/her employment life.
4. Before an employee can be considered for use of Sick Bank hours, that individual member's Sick Leave must be totally depleted; and approval for use of Sick Bank time must be granted by the Sick Leave Bank Committee. The Sick Leave Bank Committee shall consist of two members of the Village (Treasurer and Designee) and two members of the Association appointed by its President. The committee shall maintain a current inventory of available sick bank hours and make determinations regarding all applications requesting a draw from those hours. Should the Committee become unable to reach a decision about either the nature/seriousness of a particular illness/injury or the number of hours to be granted, the Committee may seek guidance in making it's determination from a qualified and competent licensed physician.
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5. In no event can any decision of the Committee be considered a proper subject to be processed under a grievance proceeding: hence, all decisions of the Committee shall be final.
6. If the Sick Leave Bank is abolished or discontinued, none of its hours are subject to any form of pay-out to employees.
SECTION 17.1 - RULES GOVERNING SICK LEAVE
Sick Leave will be used only for sickness or injury as described below:
When the need to use Sick Leave occurs, the member shall call the Department and report his/her sickness with as much advance notice as possible, with the officer in charge being advised of same as soon as possible.
B. Any misuse or attempted misuse of Sick Leave will be cause for immediate suspension of the member without pay and the filing of "charges" for dismissal.
c. When three (3) consecutive days of Sick leave have been used, a doctor's certification of illness will be required.
D. The Village reserves the right to visit the member's home on the initial day of Sick leave or any day thereafter. The person(s) visiting a member reporting sick will usually be a registered nurse; however, a person other than a registered nurse may be authorized to make Sick Leave investigations.
E. Any member who has been on Sick Leave for thirty (3()) days or more must present evidence of physical capability from a physician prior to reporting back to work.
F. The Village shall pay five hundred ($500) dollars on the first payroll in July of each year to members who have used zero (0) Sick leave hours during the preceding six (6) months. An additional five hundred ($5()0) dollars will be paid on the first payroll in January to each member who has used zero (0) Sick Leave hours during the last six (6) months of the calendar year. Use of Sick leave for Family Illness and/or Bereavement purposes will disqualify a member from receiving this incentive, but an annual donation to the Sick Bank will not.
SECTION 18 - PERSONAL LEAVE
The members of the Ilion Police Department will be granted 48 hours of Personal Leave time per year to conduct personal business with the following stipulations:
Requests must be submitted to the Chief of Police no later than 48 hours before the desired Personal Leave, unless an emergency arises and the 48-hour notice is not possible.
2. Only one (l ) member may be granted a PL day ofT on any one shift. If two or more officers on the same shift request the same day(s) off, the earliest submission date and time shall prevail.
3. In case there are no members to fill the vacancies, the Chief of Police will have the authority to deny the member's request for the PL day off.
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4. Members are expected to cooperate with the Chief in an effort to reduce overtime in those situations where the granting of the PL day would result in overtime.
5. No member shall be ordered in to cover another member's request for a PL day.
B. Personal Leave time cannot he banked. Consequently, in the event the full forty-eight (48) hours of PL has not been used by December 3 1 of each year, the member will receive payment for the balance of the PL hours on the second payroll of the new calendar year. One hour of remaining personal leave tinie equals one hour at the member's hourly rate.
c. Those members who had banked Personal leave before January l , 1995, shall retain such accumulation unless said hours are used. Upon retirement, any banked PL hours will be paid at the outgoing regular rate of pay. This benefit will not exceed two hundred forty (240) hours.
D. Upon his/her request, an officer may notify the Chief of Police 48-hours prior to the previously approved PL time and cancel it, thus returning to the originally scheduled shift. In the event the original request created overtime, the overtime would be canceled.
E. Personal Leave will not be granted to any member ofthe Ilion Police Department until he/she has completed ( l ) year of service with the Ilion Police Department.
SECTION 19 - BEREAVEMENT LEAVE
Absence from duty by a member of the Police Department by reason of the death ofa member of his/her immediate family will be allowed, without loss of any compensations, as follows:
A family member will be defined as a spouse, child/stepchild, parent/stepparent. sister, brothergrandchild, grandparent, mother/father-in-law, stepbrother/sister.
B. Absence from duty for any reason stated in this Section will be granted by the Chief of Police for a maximum of three (3) calendar days per incident, one ( I ) day of which must be the date of the funeral. The three calendar days need not be consecutive, (e.g.) to allow for spring interment.
c. If an employee must travel out of state, he/she may, at the Village Board's discretion, be granted up to an additional three (3) days of leave.
D. Bereavement Leave is above and beyond regular Personal leave, is not usable for any other purpose, and cannot be accrued.
E. In the event of the death of other family members (i.e. niece/nephew), the member may use either Personal or Sick Leave up to a maximum of three (3) calendar days per incident. one ( l ) day of which must be the date of the funeral.
Any exceptions to the aforementioned considerations of Bereavement Leave will be made by the Chief of Police in consultation with the Department Liaison.
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SECTION 20 - TIME OFF FOR INSTALLATION DINNER
Any PBA member working between 7PM to 7AM on the day of the Annual Installation Dinner shall leave the day off to attend this function with full pay. However, members shall not be entitled to full pay if they request said day off and then do not attend the function. Members wishing to work said shift may, by seniority on that shift, do so at the overtime rate. In the event there remains an uncovered shift, the Chief may contact special officers to work.
SECTION 21 - HEALTH INSURANCE
The members desire to continue insurance coverage with the Teamsters Health and Hospital Fund, minus legal and disability coverage. The Village shall make payments for members' health insurance. under the Composite Plan, based on the premiums listed below:
Per member co-pays are as follows:
From 06/01/1 6 thru 05/31/19 Member co-pay of $80.04 bi-weekly
SECTION 22 - RETIREMENT
The Village shall maintain, in accordance with Retirement and Social Security Laws, the twenty year non-contributory retirement plan under section 384-D of the Retirement and Social Security Law of the State of New York.
SECTION 23 - UNIFORM ALLOWANCE
A. The Police Chief will furnish each new member of the Ilion Police Department with the 'following:
Three (3) Approved Police Uniform Trousers Four (4) Approved Short Sleeve Uniform Shirts Four (4) Approved Long Sleeve Uniform Shirts Two (2) Approved Pre-tied Uniform Black Ties
Two (2) Police Hats
One ( l ) Service Jacket
All such uniforms will either be new or in excellent condition and shall not have any tears or repairs made to them. They will be supplied to the officer upon appointment to the Police Department and shall remain the property of the Village for a period of five (5) years.
After completing one (l ) year of service with the Ilion Police Department. each police officer will receive a clothing allowance of one thousand ($ 1000) dollars each fiscal year. The clothing allowance is to be used for the purchase and maintenance of any items worn by or used exclusively by the officer while on duty. The investigator can purchase plain clothes for police work in the amount stated above. The Village will reimburse the member upon presentation of properly completed voucher and original receipt(s) to the Village Treasurer.
B. The village shall also supply new police officers with the following. These items shall remain the property of the Village.
I — Service Weapon w/3 Magazines
Police Radio w/carrier
— Police Baton
— Riot Baton (optional)
Riot Helmet (optional)
— Set of Handcuffs w/keys
2 Badges
40 — Cartridges for Service Weapon
— Complete set of leather goods including: holster belt, holster handcuff case, magazine holder and baton or night baton ring. (These items may be purchased by an individual officer and, if so, will be the property of that officer).
— Protective Vest, in compliance with National Institute of Justice specifications
These items listed above shall be replaced at the discretion of the Chief of Police upon approval of the Village Board.
c. The Village will provide initial start-up for newly created positions or special details and will provide for uniform changes as a result of promotions under the "quartermaster" system.
SECTION 24 - BOOK ALLOWANCE
Four hundred twenty-five ($425) dollars is allowed annually for the purchase of books, to be allocated among members by the PBA President.
SECTION 25 - PROFESSIONAL TRAINING AND IMPROVEMENT COURSES The Village and the Association are in agreement that it is in the best interest of the Department that as many employees as possible participate in professional, educational and training courses whenever the same are available. In order to facilitate the availability of such courses to the personnel of the Department, the following is hereby adopted:
The Department will post on the bulletin board located at the Police I-leadquarters announcements of all courses to be given. Officers shall have an opportunity to bid for the course. In the event that there are more bids than openings available, the officer(s) will be picked by the Village Board and the Chief of Police. A list will be maintained, and all officers will be given an opportunity to attend a course on a rotating basis.
2. The Village Board will have final approval on how many people it will send to a course. If a course is canceled or no one is sent, the officer shall not be deemed to have used his/her preference for that course for the following course.
SECTION 25.1- TRAINING AND IMPROVEMENT INCENTIVE
1. (Beginning June 1, 2017) The Village shall pay a training incentive stipend check (payable on the first payroll in June of each year) to members who have accumulated the total number of police related hours of training throughout their career.
The pay scale for the stipend check each year is as follows:
Category 14 1 : For 600-1 , 199 training hours completed ($500)
Category #2: For 1,200-1 ,799 training hours completed ($500+an additional $600=$ 1,100)
Category 143: For 1,800-2,499 training hours completed ($1 , 100+an additional $650=$ 1,750)
Category For 2,500 or more training hours completed ($1,750+ an additional $750=$2,500)
SECTION 26 - SETTLEMENT OF DISPUTES
Any grievance or dispute which may exist between the Village and the PBA, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner:
Step 1:
Except for disciplinary actions, the PBA or other authorized representative of the Union, with or without the employee, shall take up the grievance or dispute with the Chief of Police and the Village Liaison within ten (10) work days of its occurrence. If the President or any authorized representative of the Association is unaware of the grievance, it will be taken up within ten ( 10) days of learning of its occurrence. The grievance shall be in writing. The Chief and Village Liaison may request a conference with the grieving member. The Chief and Village Liaison shall then attempt to adjust the matter and shall respond to the PBA President and the employee within ten (10) work days. Step 2:
If the grievance remains unresolved after this first step, the PBA President or an authorized representative shall present it to the Village Board in writing within ten (10) work days after the response of the Chief and the Village Liaison is due. The Village Board will then schedule a meeting with the PBA President and employee within ten (10) work days after receipt of the grievance. The Village Board shall provide an answer in writing to the PBA President and to the grieving member within ten ( 10) work days after such meeting. Step 3:
If the grievance is still unsettled after Step 2, either party may, by written notice to the other, request arbitration within thirty (30) days after the reply of the Village Board. Step 4:
The arbitration proceedings shall be conducted by an arbitrator to be selected by the Village and the PBA within seven (7) work days after notice has been given. The New York State Public Relations Board (PERB) shall be requested by either or both parties to provide a panel of impartial arbitrators from which both the Village and the P BA shall make a selection in accordance with PERB's Rules of Procedure. The parties agree to use PERB's mediation/arbitration procedure whenever possible.
a. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his/her decision within thirty (30) days after the conclusion of testimony and argument. No arbitrator shall have any power to amend, modify or delete any provisions of this Agreement.
b. Expenses for the arbitrator's services and the proceedings shall be borne equally by the Village and the PBA. If either party desires a verbatim record of the proceedings, it may obtain one providing it pays for the record and also supplies a copy at no charge to the other party and arbitrator.
B. MATTERS RELEVANT TO GRIEVANCE PROCEDURES
The time limits in the grievance procedure may be extended by mutual agreement in writing.
2. Any step of the grievance procedure may be bypassed by mutual agreement in writing.
c. GRIEVANCE COMMITTEE
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Officers elected by the PBA shall act as PBA representatives and shall submit their names, along with other PBA representatives who may represent members, to the Village in writing: and the individuals so certified shall constitute the PBA Grievance Committee.
2. Any grievance Committee meetings with the Village shall be held during working hours, on Village premises, and without loss of time or pay when practical.
D. PROCESSING GRIEVANCES DURING WORKING HOURS
Grievance Committee members may investigate and process grievances during working hours without loss of time or pay when practical.
E. LABOR MANAGEMENT COMMITTEE
Upon request of either party, conferences shall be held between representatives of the Village and at least three (3) representatives of the PBA on important matters, which may include the discussion of procedures for avoiding future grievances and other methods of improving the relationship between the parties. Arrangements for such meetings shall be made in advance and shall be at reasonable hours as mutually agreed upon by the parties. Members acting on behalf of the PBA shall suffer no loss of time or pay should such meetings fall within their regular work hours.
SECTION 27 - DISCIPLINE AND DISCHARGE
EXERCISE OF RIGHTS
The only procedure for taking disciplinary action or measures against any member covered under this Agreement shall be as set forth in the following sections.
B. INVESTIGATIONS
The Village shall have the right to investigate potential targets of disciplinary action by questioning of the member. The questioning shall be done by the Village Attorney, and/or the Village Liaison, and the Chief of Police at such time and place as the Village designee indicates. The officer shall be notified in writing that he or she is a potential subject of disciplinary action and is entitled to PBA representation and to have his/her attorney present during questioning. An officer cannot be required to submit to questioning after a notice of discipline has been served on said officer.
c. DISCIPLINE
Discipline shall only be imposed for misconduct or incompetence. The specific acts for which discipline is being imposed and the penalty proposed shall be specific in the notice. The notice of discipline shall contain a detailed description of the alleged acts and conduct including reference to dates, times and places.
2. Oral reprimands shall be noted in the officer's file and the officer shall have an opportunity to submit a letter of explanation, denial, etc., which shall stay in the file along with the note referencing the oral reprimand. However, an oral reprimand shall not be deemed to be a disciplinary measure subject to this Section.
3. Disciplinary acts and measures shall include written reprimand, suspension without pay, fines, loss of accrued leave credits, or dismissal from service.
4. Where the Village seeks the imposition of any of the above disciplinary measures, notice of such discipline shall be made in writing and served upon the officer. The notice shall
include a statement advising the member of his/her right to PBA representation and/or an attorney at any stage of the disciplinary proceedings.
5. Prior to any suspension without pay or any loss in pay, the officer shall be given an opportunity to answer the charges/subject of the notice of disciplinary action; and the Village Attorney and the Chief shall hold a conference with said officer and the PBA representative and/or his/her attorney to advise the officer of the alleged acts precipitating the disciplinary action.
6. The notice of discipline served shall be accompanied by a written statement that:
a. The officer has a right to object by filing a grievance within fourteen (14) days;
b. The grievance procedure provides for a hearing by an independent arbitrator as its final step;
c. The officer is entitled to representation by the PBA and/or an attorney selected at his/her own expense at every step of the proceeding:
d. If a grievance is filed, no penalty can be implemented until the matter is settled or the arbitrator renders a determination.
7. Grievance:
a. If not settled or otherwise resolved, the notice of discipline may be grieved in writing to the Chief and Village Liaison and shall be filed by the officer either in person or by certified or registered mail, return receipt requested, within fourteen
(14) calendar days of service of the notice of discipline.
b. The timely filing of such a grievance shall be complete on the date on which it is filed in person OR the date of mailing by certified or registered mail.
8. Voiding of Grievance:
If an officer is not able to personally sign and file a disciplinary grievance, the PBA may, at the officer's request. submit such grievance on the officer's behalf. However, within seven (7) days of submission, the officer in question must appear to sign the grievance form or the PBA must produce documentation as to why the officer could not appear.
Should neither of these actions occur, the grievance shall be deemed void.
9. Penalty:
The penalty proposed by the Village or its Designee may not be implemented until:
a. the officer fails to file a grievance within fourteen (14) calendar days of the service of the notice of discipline, OR
b. having filed a grievance, the officer elects not to pursue it, OR
c. the penalty is upheld by the disciplinary arbitrator or a different penalty is determined by the arbitrator, OR
d. the matter is settled.
10. Order of Processing:
The Chief and Village Liaison will present the grievance to the Village Board. The parties shall then follow the procedures set forth in Step 2 under Section 26, entitled Settlement of Disputes. If still unresolved, the parties shall follow the procedure set forth in Step 3 of Section 26 and finally, if necessary, the remainder of the arbitration procedure described in Step
4.
D. SECTION 75 HEARING
The officer and the Village each have the option to proceed with Section 27, Discipline and Discharge, or to proceed pursuant to of Civil Service Law. The parties shall select the hearing officer by mutual agreement if proceeding pursuant to of the Civil Service Law. If the Village so elects, charges may be brought pursuant to S 75.
2. If the charges are being brought by the Village Pursuant to *75, the member may submit a waiver of rights pursuant to and demand that the Village proceed under the Discipline and Discharge procedure set forth in Section 27. This waiver and demand must be submitted within the same time limits as the answer is due under *75.
3. If the Village opts to bring charges pursuant to Section 27, Discipline and Discharge, via binding arbitration, charges will be so stated.
4. If the member charged pursuant to the arbitration procedure prefers to proceed via instead, prior to submitting an answer to the charges but within the same time limits as the answer is due, the member should submit a waiver of arbitration and demand a S 75 hearing. Upon receiving a demand for the 575 hearing, the Village will resubmit charges pursuant to 575; and the parties shall select a hearing officer.
SECTION 28 - EMPLOYEE REVIEW OF PERSONNEL RECORDS
Employees must be advised whenever any item is placed in their personnel file and given a copy of said item.
A. An employee may upon written request review his/her official file in the Village Office. It is understood that such requests should be made with:
reasonable lead time so as not to disrupt the normal operation of the Village Office
2. the knowledge that no document(s) is/are to be permanently removed from the individual personnel folder.
B. While reviewing his/her file, the employee must do so in the presence of any one of the following individuals:
Village Designee
2. Department Liaison
3. Village Board Member
c. After the passage of two (2) calendar years from the date of issuance of a counseling memo, letter of reprinvand, notice of suspension, or any other documents deemed undesirable by the employee and contained in his/her personnel file, the employee may, through written request, petition the Village Board to review his/her record on the infraction in question with the intention of having an addendum attached to the particular document verifying that the employee has not recommitted this particular offense during the intervening time.
This request will be reviewed by the Department Liaison.
2. The Liaison will present his/her findings to the Village Board and make a recommendation as to whether the employee's request should be approved or denied.
3. The Village Board will then make its decision regarding the request.
a. If approved, the Village Clerk will be directed to make the appropriate addendum to the file document.
b. If denied, the Liaison will be directed to so inform the employee, giving reasons for the denial.
c. Whether approved or denied, a written decision from the Board as to the reason(s) for its decision will be given to the employee and become part of the employee's personnel file.
4. A request for an addendum to a particular document may be made only once a year.
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SECTION 29 - JURY DUTY
Members required to serve jury duty will be granted the day(s) off with pay, returning to the Village any court payments received.
SECTION 30 - DEFERRED COMPENSATION PROGRAMS
Both parties agree that member payments to these programs will be made through payroll deduction.
SECTION 31 - EDUCATION INCENTIVE
The Village will annually, on the last week of each fiscal year, pay each member $350 for a BA Degree and $200 for an Associate's Degree. To be eligible for this benefit, members must have completed four
(4) years of service with the Ilion Police Department and the degree must be police related.
SECTION 32 - SAVINGS CLAUSE
If any section, subsection, clause, phrase or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such wording shall not affect the validity of the remaining portions thereof.
SECTION 33 - DURATION
This Agreement shall become effective on June l , 2016, and will remain in effect until May 3 1, 2019. Negotiations are to be started as early as possible and be concluded by March 15 of that contract year. If there is no agreement on a new contract by that time, negotiations will proceed to the next step
(mediation, fact finding and/or arbitration). However, if by the 15th day of March no new agreement has been executed between the Village and the Association, the parties agree that all of the terms, provisions and benefits of this Agreement will remain in effect until a new agreement has been executed.
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SECTION 34 - APPROVAL
All provisions contained herein are subject to the approval of the Village Board of the Village of Ilion and the members of the Ilion Police Benevolent Association, Inc. before implementation, if such approval is required by law, and are subject to the rules, laws, regulations, ordinances and local laws of the State of New York and the Village of Ilion.
IN WITNESS WHEREOF, the Village Board has caused this Instrument to be executed by its duly authorized Officers and its Corporate Seal to be hereunto affixed; and the Association having taken all action required to make this Agreement effective, including provision for its ratification by the
Association members, has caused this Instrument to be executed by its Officers duly authorized to act on behalf of the members in the Bargaining Unit.
AGREED TO THIS-2.5H/ DAY OF 2017
FOR THE VILLAGE OF ILION
Mayor, Terry Leonard
Tustee, Joanne Moore
Trustee, Fred Hartmann
FOR THE ILION PBA
President, Matt Darrow
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