TOWNSHIP OF BYRAM COUNCIL AGENDA, TUESDAY, FEBRUARY …

February 19, 2019 Township Council Agenda

TOWNSHIP OF BYRAM COUNCIL AGENDA, TUESDAY, FEBRUARY 19, 2019

EXECUTIVE SESSION – 6:30 P.M. REGULAR SESSION – 7:30 P.M.

Revised 2-19-19

1. CALL MEETING TO ORDER 2. OPEN PUBLIC MEETING STATEMENT

This meeting is called pursuant to the provisions of the Open Public Meetings Law. This meeting was included in the list of meetings in our annual notice sent to the newspapers and posted on the bulletin board in the Municipal Building and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.

3. ROLL CALL 4. RESOLUTION FOR EXECUTIVE SESSION

a. Attorney Client Privilege Communication - General

b. Anticipated Litigation - Danielson Workers Comp Follow-up

c. Contract Negotiations - Special Council PSA

5. RETURN TO OPEN SESSION 6. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT REFLECTION 7. APPROVAL OF AGENDA 8. RENEWAL OF LICENSES - 2019

• Tilcon N.Y. Quarry • North Jersey Auto Wreckers

9. REPORTS A. Township Manager B. Mayor and Council Members C. Township Attorney

10. PUBLIC PARTICIPATION I – Meeting open to the public for comments on matters not on the agenda or items on the agenda for which no public discussion is provided.

11. APPROVAL OF MINUTES • February 5, 2019 Regular & Closed Session Meeting Minutes • February 7, 2019 Regular Meeting Minutes of the Joint Planning Board & Township Council Meeting

12. RESOLUTIONS: • RESOLUTION NO. 055-2019 – Resolution Authorizing a Professional Services Agreement for Forest

Stewardship Work on Open Space Parcels in Byram Township • RESOLUTION NO. 056-2019 – Resolution to Authorize Farr Forestry Services, LLC to Provide Forest

Stewardship Work on Open Space Parcels in Byram Township – Not to Exceed $23,000 13. CONSENT AGENDA: These items are considered to be routine by the Members of the Township Council and will be

enacted on by one motion. There will be no separate discussion of these items unless a citizen or Council member so requests in which event the item may be removed from the general order of business and considered in its normal sequence on the agenda.

A. Approval to Release 2018 Closed Session Minutes B. Resolution No. 050-2019 – Resolution Authorizing the Refund of Redemption Monies to Outside Lien Holder –

Block 450 Lot 19, 8 Conrad Strasse C. Resolution No. 051-2019 – Resolution Authorizing 100% Disabled Veteran Block 304, Lot 2218 Refund of

Taxes Paid from January 1, 2019 Thru March 31, 2019 (1st Quarter 2019) D. Resolution No. 052-2019 – Resolution Executing Contract Agreement By and Between Byram Township and

PBA Local 138 for January 1, 2018 Through December 31, 2021 E. Resolution No. 053-2019 – Resolution Executing Contract Agreement By and Between Byram Township and

OPEIU DPW Local 32 for January 1, 2018 Through December 31, 2021 F. Resolution No. 054-2019- Resolution Executing Contract Agreement By and Between Byram Township and

OPEIU Local 32 Clerical Unit for January 1, 2018 Through December 31, 2021 G. Resolution NO. 057-2019 – Resolution Authorizing the Refund of Redemption Monies to Outside Lien Holder –

Block 140 Lot 58, Hill Crest Tr.

February 19, 2019 Township Council Agenda

H. Resolution No. 058-2019 – Extraordinary Unspecifiable Services Contract – Health Benefits Consultant – Not to Exceed $4,150.00

14. ORDINANCES – Introduction/First Reading • Ordinance for Police Salary and Wages for the Years 2018-2021 • Ordinance for Department of Public Works Salary and Wages for the Years 2018-2021

15. APPROVAL OF FEBRUARY 19, 2019 BILL LIST 16. ITEMS FOR DISCUSSION

- Municipal Building - NJDEP/Cranberry Lake Bridge

17. PUBLIC PARTICIPATION II 18. EXECUTIVE SESSION – Session II (if necessary) 19. ANY OTHER BUSINESS THE COUNCIL DEEMS NECESSARY 20. ADJOURNMENT

of 68

AGREEMENT

BETWEEN

THE TOWNSHIP OF BYRAM

AND

SUSSEX COUNTY PBA LOCAL 138 (BYRAM TOWNSHIP UNIT)

JANUARY 1, 2018 through DECEMBER 31, 2021

RUDERMAN ROTH, LLC 150 Morris Avenue; Suite 303

Springfield, NJ 07081 973-467-5111

of 68

TABLE OF CONTENTS

PREAMBLE ......................................................................................................4 I RECOGNITION AND EXCLUSIVITY OF REPRESENTATION ...............................5 II REPLACEMENTS..............................................................................................6 III ASSOCIATION REPRESENTATIVES ..................................................................7 IV PBA REPRESENTATIVES ..................................................................................8 V MANAGEMENT RIGHTS ..................................................................................9 VI NO STRIKE PLEDGE .........................................................................................10 VII GRIEVANCE PROCEDURE ................................................................................12 VIII DUES CHECK-OFF ...........................................................................................17 IX AGENCY SHOP ...............................................................................................18 X OVERTIME, WORK WEEK & WORK DAY .........................................................21 XI HOURLY RATE AND OVERTIME RATE .............................................................24 XII RECALL ............................................................................................................25 XIII SALARIES ........................................................................................................26 XIV LONGEVITY .....................................................................................................27 XV DETECTIVE INCREMENT .................................................................................28 XVI COURT TIME ...................................................................................................29 XVII TRAINING PAY ................................................................................................30 XVIII EDUCATIONAL INCENTIVE ..............................................................................31 XIX PERSONAL LEAVE ...........................................................................................32 XX VACATIONS ....................................................................................................33 XXI SICK LEAVE .....................................................................................................34 XXII WORK INCURRED INJURY ...............................................................................36 XXIII BEREAVEMENT LEAVE ....................................................................................38 XXIV UNIFORMS AND EQUIPMENT ........................................................................39 XXV MILEAGE ALLOWANCE ...................................................................................40 XXVI MEDICAL AND DENTAL INSURANCE ..............................................................41 XXVII INSURANCE ....................................................................................................43 XXVIII PERSONNEL FILES ...........................................................................................44 XXIX DEPARTMENTAL INVESTIGATIONS ................................................................45 XXX POLICE VEHICLES ............................................................................................47 XXXI BULLETIN BOARD ...........................................................................................48 XXXII CEREMONIAL ACTIVITIES ...............................................................................49 XXXIII OFF-DUTY ACTION..........................................................................................50 XXXIV PRESERVATION OF RIGHTS ............................................................................51

of 68

XXXV NON-DISCRIMINATION ..................................................................................52 XXXVI FIREARMS .......................................................................................................53 XXXVII SPECIAL OFFICERS ..........................................................................................54 XXXVIII DATA FOR FUTURE BARGAINING ...................................................................56 XXXIX SAVINGS CLAUSE ............................................................................................57 XL FULLY BARGAINED AGREEMENT………………………………………………………………..58 XLI TERM AND RENEWAL .....................................................................................59 SIGNATURE PAGE ..........................................................................................60 SCHEDULE "A" ...............................................................................................61 SCHEDULE “A-1" .............................................................................................62 SCHEDULE “A-2”………………………………………………………………………………………. 63 SCHEDULE "B" ................................................................................................64 SCHEDULE "C" ................................................................................................66 SCHEDULE "D" ...............................................................................................67 SCHEDULE "E" ...............................................................................................68

of 68

PREAMBLE

A. THIS AGREEMENT made retroactive to the 1st day of January 1, 2018, by and between

THE TOWNSHIP OF BYRAM, a municipal corporation located in the County of Sussex and the

State of New Jersey, hereinafter designated “Township" or "Employer", and the PBA LOCAL 138

of the Township of Byram, being an Association of all the policemen of the rank of Lieutenant

and below, which are affected by this Agreement, which said collective body is hereinafter

designated as the "Association".

B. For purposes of this Agreement, the term "Police Officer" or "Employee" shall be

defined as a full-time uniformed Police Officer employed on a permanent basis, and to include

the plural as well as the singular, and to include females as well as males. Special Police, school

crossing guards, and police matrons are expressly excluded.

of 68

ARTICLE I

RECOGNITION AND EXCLUSIVITY OF REPRESENTATION

A. The Employer agrees that it will not enter into any contract or Memorandum of

Agreement with anyone regarding terms and conditions of employment other than the

Association with regard to the categories of personnel covered by this Agreement during the

term of this Agreement.

of 68

ARTICLE II

REPLACEMENTS

A. No full time Employee covered by this Agreement shall be replaced by a non-Police

Officer, part time or other personnel.

B. No post presently filled by a full time Employee covered by this Agreement shall be

covered by any non-Police Officer, part time or other personnel.

of 68

ARTICLE III

ASSOCIATION REPRESENTATIVES

A. The Employer recognizes the right of the Association to designate representatives and

alternates for the enforcement of this Agreement.

B. The Association shall furnish the Employer in writing the names of the representatives

and the alternates and notify the Employer of any changes.

C. The authority of the representatives and alternates so designated by the Association

shall be limited to, and shall not exceed, the following duties and activities:

1. The investigation and representation of grievances in accordance with the

provisions of the collective bargaining agreement.

2. The transmissions of such messages and information which shall originate with,

and are authorized by the Association or its Officers.

D. During collective negotiations, the Employer shall excuse one (1) Officer for the

purpose of attending mutually scheduled negotiation sessions. If the Officer is on regular duty

during the negotiations sessions, the Officer shall be in appropriate uniform, ready to respond to

emergency calls and shall be paid at his regular rate of pay.

of 68

ARTICLE IV

PBA REPRESENTATIVES

A. The Employer agrees to grant the necessary time off without loss of straight time pay

to two duly authorized members of the Association to attend State Conventions of the New

Jersey Policemen's Benevolent Association.

B. The Association shall be provided with 120 hours of Association time off annually

without loss of pay for use by Association representatives if the President or State Delegate of

the Association is employed in this unit. If not, the annual paid Association leave time shall be

60 hours. This clause shall be in addition to the statutory rights provided under N.J.S.A. 40A:14-

177.

of 68

ARTICLE V

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 Unites

States, including, but without limiting the generality of the foregoing, the following rights:

1. To the executive management and administrative control of the Township

Government and its 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 disciplinary action for good and just

cause according to law.

B. Nothing contained herein shall be construed to deny or restrict the Township of its

rights, responsibilities and authority under R.S. 40 and R.S. 11, or any other national or State

Laws.

of 68

ARTICLE VI

NO STRIKE PLEDGE

A. It is recognized that the need for continued and uninterrupted operation of the

Township's Departments and Agencies is of paramount importance to the citizens of the

community, and that there should be no interference with such operations.

B. The Association covenants and agrees that during the term of this Agreement neither

the Association 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 an Employee from his position, or stoppage of work or abstinence in whole or in part,

from the full, faithful and proper performance of the Employee's duties of employment) work

stoppage, slowdown, walk-out or other job action against the Township.

C. The Association agrees that it will do everything in its power to prevent its members

from participating in any strike, work stoppage, slowdown, or other activity aforementioned,

including but not limited to publicly disavowing such action and directing all such members who

participate in such activities to cease and desist from same immediately and to return to work,

along with such other steps as may be necessary under the circumstances, and to bring about

compliance with its order.

D. In the event of a strike, slowdown, walk-out, or job action, it is covenanted and agreed

that participation in any such activity by the Association member shall entitle the Township to

take appropriate disciplinary action including possible discharge in accordance with the

applicable law.

of 68

E. Nothing contained in the Agreement shall be construed to limit or restrict the

Township in its right to seek and obtain such judicial relief it may be entitled to have in law or in

equity for injunction or damages, or both, in the event of such breach by the Association or its

members.

of 68

ARTICLE VII

GRIEVANCE PROCEDURE

A. Purpose.

1. The purpose of this procedure is to secure, at the lowest possible level, an

equitable solution to the problems which may arise as to the terms and conditions of this

Agreement. The parties agree that this procedure will be kept as informal as may be appropriate.

2. Nothing herein contained shall be construed as limiting the right of any

Employee having a grievance to discuss this matter informally with any appropriate member of

the departmental supervisory staff and having the grievance adjusted without the intervention

of the Association.

B. Definition.

1. The term "grievance" shall cover issues of application or interpretations of this

Agreement, and is meant to provide means by which Employees covered by this Agreement may

appeal the interpretation, application, or violation of policies, agreements and administrative

decisions affecting them.

2. A grievance may be raised by an Employee, or group of Employees covered by

this Agreement or the Association through the representative employed by the Township.

C. Steps of the Grievance Procedure.

of 68

1. 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

a. The aggrieved Employee or the Association through representative employed by

the Township shall first notify the Chief of Police, or his designee, of the nature of the grievance

within seven (7) calendar days after the event giving rise to the grievance. Said notification must

be in writing setting forth the nature of the grievance. Within five (5) calendar days after

receiving such written grievance, the Chief shall arrange to meet with the complainant for the

purpose of attempting to adjust or resolve such grievance. The Chief shall give his decision in

writing within five (5) calendar days after such meeting.

b. If the grievance is moved by an aggrieved Employee, the Association

representative employed by the Township shall be notified of the meeting between the Chief and

the aggrieved Employee and shall have the right to have a representative present and to

participate in the meeting. Except for disciplinary matters that are specific to the aggrieved

Employee, the Township and the aggrieved Employee may not enter into a settlement of a

grievance without the approval of the Association representative employed by the Township.

STEP TWO

a. If the aggrieved Employee(s) or the Association through the representative

employed by the Township wish(es) to appeal the decision of the Chief of Police, or his designee,

of 68

or in the event that the Chief of Police or his designee fails to respond within the time provided,

then the aggrieved Employee(s) or the Association through the representative employed by the

Township shall present the grievance to the Township Manager, or his designee, within ten (10)

calendar days. Said notification must be in writing setting forth the nature of the

grievance. Within five (5) calendar days after receiving such written grievance, the Township

Manager or his designee shall arrange to meet the aggrieved Employee or the Association

through the representative employed by the Township for the purpose of attempting to adjust

or resolve such grievance. The Township Manager or his designee shall give his decision in writing

within twenty-one (21) days after such meeting.

b. If the grievance is moved by an aggrieved Employee, the Association

representative employed by the Township shall be notified of the meeting between the Township

Manager and the aggrieved Employee and shall have the right to have a representative present

and to participate in the meeting. Except for disciplinary matters that are specific to the

aggrieved Employee, the Township and the aggrieved Employee may not enter into a settlement

of a grievance without the Association’s approval.

STEP THREE

If no satisfactory resolution of the grievance is reached at Step Two, then within seven (7)

calendar days, the grievance may be referred to binding arbitration only by the Association

through the representative employed by the Township. An Arbitrator shall be selected in

accordance with the procedures of the Public Employment Relations Commission. However, no

arbitration shall be held for a period of thirty (30) days. In the event the aggrieved party or the

of 68

Association files for a review by the Department of Personnel, the matter shall be withdrawn

from arbitration and all filing costs shall be borne by the aggrieved or the Association.

1. Unless the parties agree otherwise, no more than one (1) issue (aside from the

issue of arbitrability) shall be presented to an arbitrator in any single case.

2. The fees and expenses of the Arbitrator shall be borne equally by the parties. Any

other expenses incurred by the parties, including but not limited to the presentation of witnesses,

shall be borne by the party incurring same.

3. The Arbitrator shall be bound by the terms and conditions of this Agreement and

shall not have any power to add to, subtract from or in any way modify any of the terms of this

Agreement.

4. The decision of the Arbitrator shall be in writing with the reasons therefore and

shall be binding upon the parties; subject, however, to any applicable statutes and case law

available to the parties.

5. Either the Township or the Association may waive any of the steps of the grievance

procedure, but said waiver can only be done in writing with the consent of the other party in

question.

6. The time limits set forth herein shall be strictly adhered to. If any grievance has not

been initiated within the time limit specified, the grievance shall be deemed to have been waived.

If any grievance is not processed to the succeeding step in the grievance procedure within the

time limits prescribed, the disposition of the grievance at the prior step shall be deemed to be

conclusive. Nothing herein shall prevent the parties from mutually agreeing to expand or

of 68

contract the time limits provided for processing the grievance at any step in the grievance

procedure.

of 68

ARTICLE VIII

DUES CHECK-OFF

A. Upon presentation to the Employer of a dues check-off card signed by individual

Employees, the Employer will deduct from such Employee's periodic salaries the amount of

Association dues set forth on said dues check-off authorization card.

B. Changes in the amount of said dues shall not be made more than two (2) times per

calendar year.

C. Thereafter, the Employer will, as soon as practicable, forward a check in the amount

of all dues withheld for the purpose to the Association representative entitled to receive same.

D. The said Association representative shall be appointed by resolution of the Association

and certified to the Employer by the Association. The sole obligation of the Township shall be to

deduct the dues and forward same to the Association representative.

E. The Association agrees to indemnify, defend and save the Township harmless against

any and all claims, demands, suits or other forms of liability that may arise out of or by reason of

action taken by the Township in accordance with the instructions of the Association pursuant to

this Article.

of 68

ARTICLE IX

AGENCY SHOP

A. If an Employee does not become a member of the Association during any membership

year (from January 1 to the following December 31) which is covered in whole or in part by the

Agreement, said Employee will be required to pay a representative fee to the Association for the

membership year. The purpose of this fee will be to offset the Employee's per capita cost of

services rendered by the Association as majority representative.

B. Membership Dues, Fees & Assessments-Representation Fee

1. Prior to the beginning of each membership year, the Association will notify the

Employer in writing of the amount of the regular membership dues, initiation fees and

assessments charged by the Association to its own members for that membership year. The

representation fee to be paid by non-members will be equal to eighty-five (85%) percent of that

amount.

2. In order to adequately offset the per capita cost of services rendered by the

Association as majority representative, the representation fee should be equal in amount to the

regular membership dues, initiation fees and assessments charged by the Association to its own

members, and the representation fee has been set at eighty-five (85%) percent of that amount

solely because that is the maximum presently allowed by law.

C. Representation Fee Deduction

of 68

1. Once during each membership year covered in whole or in part by this Agreement, the

Association will submit to the Employer a list of those Employees who have not become members

of the Association for the then current membership year. The Employer will deduct from the

salaries of such Employees, in accordance with paragraph 2 below, the full amount of the

representation fee and promptly will transmit the amount so deducted by the Association.

2. The Employer will deduct the representation fee in equal installments as nearly as

possible from the paychecks paid to each Employee on the aforesaid list during the remainder of

the membership year in question. The deductions will begin with the first paycheck paid:

a. Within twenty-one (21) days after the receipt of the aforesaid list by the

Employer; or

b. Within thirty (30) days after the Employee begins his or her employment in a

bargaining unit position, unless the Employee previously served in a bargaining unit position and

continued in the employ of the Employer in a non-bargaining unit position or was on layoff, in

which event the deductions will begin with the first paycheck paid ten (10) days after the

resumption of the Employee's employment in a bargaining unit position, whichever is later.

3. Except as otherwise provided in this article, the mechanics for the deduction of

representation fees and the transmission of such fees to the Association will, as nearly as

possible, be the same as those used for the deduction and transmission of regular membership

dues to the Association.

4. The Association will notify the Employer in writing of any changes in the list provided

for in paragraph 1 above and/or the amount of the representation fee, and such changes will be

of 68

reflected in any deductions made more than twenty-one (21) days after the Employer received

said notice.

5. On or about the last day of each month, the Employer will submit to the Association,

a list of all Employees who began their employment in a bargaining unit position during the

preceding thirty (30) day period. The list will include names, job titles and dates of employment

for all such Employees.

D. Demand and Return System

PBA Local 138 shall establish and maintain at all times a demand and return system as

provided by N.J.S.A. 34:13A-5.5(c) and 5.6 and membership in PBA Local 138 shall be available to

all Employees in the unit on an equal basis at all times. In the event PBA Local 138 fails to

maintain such a system or if membership is not so available, the Employer shall immediately

cease making said deductions.

E. The Association agrees to indemnify, defend and save the Township harmless against

any and all claims, suits or other forms of liability that may arise out of or by reason of action

taken by the Township as a result of fulfilling its obligations under this Article.

of 68

ARTICLE X

OVERTIME, WORK WEEK & WORK DAY

A. Overtime shall be defined as work in excess of a regularly scheduled tour of duty or in

excess of eighty (80) hours worked during a fourteen (14) day cycle. Overtime shall be paid at

time and one-half the Employee's straight rate in cash compensation or in compensatory time

(1½ hours for each hour worked) which shall accumulate in comp time off (CTO) bank. CTO shall

be taken at the Employee's request, subject to the approval of the Chief of Police. After a

member covered by this agreement has accumulated over four hundred forty-four (444) hours

in his CTO bank, the Chief of Police may, at his discretion, schedule said member time off to

reduce his CTO bank to four hundred forty-four (444) hours. Time off for this purpose shall be

granted in an amount equal to one working day. The Employee shall have the sole option to elect

cash compensation or CTO for purposes other than CTO accrued as a result of the twelve (12)

hour scheduling option. The utilization of CTO shall be subject to law. Overtime shall be paid on

a semi-monthly basis with pay periods falling on the 15th and 30th of the month.

B. All overtime tours of duty shall be offered to the full-time regularly employed members

of the force prior to offering such overtime to part-time Employees or any other person. In

addition, all overtime will be offered to said full-time Employees in order of available

seniority. However, nothing herein shall prevent the offering of overtime outside the order of

seniority in the event said overtime function is that of a specific duty with respect to a specialized

area to which said Employee has been assigned by the Chief of Police.

of 68

When management determines there is a need for overtime on the subsequent

shift then those working shall be provided with the first opportunity to holdover and work hours

into the subsequent shift as long as the overtime is for four (4) hours or less.

When management determines a need for coverage arises late in a shift, then

those Officers assigned to working the subsequent shift will be given the first opportunity to work

by coming in early on overtime as long as the overtime is for four (4) hours or less.

In no event shall an Employee work more than sixteen (16) continuous hours as a

result of an overtime assignment as set forth in this provision.

C. Any Employee covered by this Agreement shall receive the pay of the higher rank when

assigned the job duties of the higher rank for the actual time spent in the higher capacity. The

rate of pay (straight or time and one-half) shall be defined by the regularly scheduled tours of

duty of the Officer working in the higher rank.

D. It is understood and agreed that when no supervisory position is assigned by the

Department, Police Officers shall not be responsible for other than their own duties.

E. The established duty schedule for any Employee covered by this Agreement will not

be amended to eliminate or reduce already accumulated overtime by reduction in scheduled

work hours except where the Employee elects CTO. The established schedule can be adjusted

by management for the purpose of training with a minimum of four (4) weeks prior notice, unless

waived by the Employee or in the event of an emergency as defined by N.J.S.A. 40A:14-134 or

when mandated by such appropriate authority as the Attorney General or County Prosecutor.

F. No member covered under this Agreement shall be scheduled to work more than six

(6) consecutive regular tours of duty nor shall he receive less than two (2) consecutive regular

of 68

days off. If a member works six (6) consecutive regular tours of duty, said member shall receive

two (2) consecutive regularly scheduled days off immediately following the regularly scheduled

six (6) tours of duty. No member shall have less than eight (8) hours off between regularly

scheduled tours of duty. A member can waive this paragraph is he so desires.

G. All work schedules shall be posted at least four (4) weeks in advance of the time

scheduled pursuant to current practice.

H. The Township of Byram agrees to continue the twelve (12) hour shift duty schedule.

The schedule may at any time be returned to an eight (8) hour tour of duty at the discretion of

the Chief of Police upon thirty (30) days’ notice.

The twelve (12) hour schedule will consist of eighty-four (84) regularly schedule hours in

a fourteen (14) day cycle, four (4) hours of which shall be accumulated in a compensatory time

off bank at time and one-half.

I. Lieutenant may work a ten (10) hour shift schedule. The schedule shall be a four

(4) on three (3) off concept, hours to be determined by the Chief of Police. All other contractual

scheduling requirements apply.

J. One member may be assigned as a “Traffic Officer” and may work a ten (10) hour

shift schedule. Hours will be determined by the Chief of Police based on need. All other

contractual scheduling requirements apply. Assignment of member to “Traffic Officer” shall be

at the discretion of the Chief of Police with the consent of the assigned member.

K. Members shall be authorized to make mutually agreeable and voluntary individual

single day shift changes with the approval of the Chief of Police.

of 68

ARTICLE XI

HOURLY RATE AND OVERTIME RATE

A. To compute the Employee's base hourly rate for overtime or other purposes, the

Employee's yearly base pay together with longevity entitlement shall be divided by two thousand

eighty (2080) hours.

B. On those occasions where the Employee is entitled to time and one-half, the rate shall

be computed by multiplying the hourly rate by one hundred and fifty percent (150%).

of 68

ARTICLE XII

RECALL

Any Employee who is called back to work after having completed his regularly scheduled

shift or during a scheduled day off shall be guaranteed four (4) hours pay at the time and one-

half (1½x) rate provided the time is not contiguous to the workday. If the time is contiguous to

the workday, the Employee will be paid at the time and one-half (1½) rate for the actual time

worked only.

of 68

ARTICLE XIII

SALARIES

A. The base annual salaries of all Employees covered by this Agreement shall be set forth

in Schedule "A", Schedule “A-1"and Schedule “A-2”.

B. The base annual salaries for Employees under Schedule "A", Schedule “A-1", and

Schedule “A-2" shall be deemed effective on the dates specified and any monies due Employees

by virtue of any economic or benefit clause shall be paid as soon after the execution of this

Agreement as practicable or as specified by this Agreement.

C. All employees not at top pay shall also receive step movement on their anniversary

date.

of 68

ARTICLE XIV

LONGEVITY

A. All members shall be entitled to longevity payments in addition to an Employee's base annual salary in accordance with the following schedule. 1. In the 6th year of employment and thereafter, until the 10th year 1.5% 2. In the 10th year of employment and thereafter, until the 15th year 3% 3. In the 15th year of employment and thereafter, until the 20th year 5% 4. In the 20th year of employment and thereafter, until the 25th year 7% 5. In the 25th year of employment and indefinitely thereafter 8%

B. Each Employee’s longevity entitlement shall be paid along with regular semi-monthly

pay periods falling on the 15th and 30th of the month and shall be utilized for all calculation

purposes.

C. Employees hired after 1/1/2018 shall not be eligible for longevity.

of 68

ARTICLE XV

DETECTIVE INCREMENT

Any member duly assigned Detective Duty shall receive an additional One Thousand Five

Hundred Dollars ($1,500.00) increment per annum for said assignment on a pro rata basis. Said

increment shall not be computed as additional salary for purposes of overtime.

of 68

ARTICLE XVI

COURT TIME

A. Court time, as referred to in this Article, shall consist of all time, excluding regular tours

of duty, during which any Employee covered under this Agreement shall be required to attend a

Municipal Court, County Court, Superior Court, Grand Jury proceeding, or other courts or

administrative bodies as a direct result of his official duties as a Police Officer.

B. Required court time above the regular scheduled tour of duty shall be compensated

at time and one-half (1½) the Employee's base hourly rate.

C. When an Employee covered under this Agreement shall be required to travel to and

from any of the courts or administrative bodies as noted in this Article, such travel time shall be

considered and included in the computation of the amount of time to which the Employee is

entitled, provided however, that such travel time shall be computed between the Employer's

Police Headquarters and the pertinent court or administrative body.

D. The amount of time to which an Employee may be entitled under this Article shall be

the actual time required including waiting time in the court or administrative body, together with

any applicable travel time provided, however, that the Employee's entitlement to compensation

under this Article shall not be less than two (2) hours at the time and one-half rate. Employees

shall be guaranteed a four (4) hour minimum per court appearance at the time and one-half rate

except for Byram Township Municipal Court which shall remain a two (2) hour minimum. In the

event that an Officer completes his court duties in less time, the Township reserves the right to

assign the Officer to "on duty" status for the time remaining.

of 68

ARTICLE XVII

TRAINING PAY

The Employer agrees to compensate all Employees covered by this Agreement at the time

and one-half (1½) rate for attending training courses on off-duty time with a three (3) hour

minimum at the time and one-half (1½) rate per training session.

of 68

ARTICLE XVIII

EDUCATIONAL INCENTIVE

A. In addition to all other wages and benefits provided in this Agreement, each

Employee shall be entitled to an additional payment, if the Employee is qualified for same,

pursuant to the qualifications and limitations as set forth in Schedule "B".

B. Employees shall be required to obtain preliminary approval from the Chief of

Police before taking any course for which reimbursement is expected. Pre-approval will be based

upon the criteria set forth in paragraph C of Schedule “B”.

C. Employees hired on or after 1/1/2018 shall not be eligible for Educational

Incentive as listed under Schedule B – Section A.

D. Effective 1/1/2019 all employees must complete college classes by the

commencement of their 20th year of service in order to be eligible for reimbursement from the

Township.

of 68

ARTICLE XIX

PERSONAL LEAVE

Each Employee shall have thirty-six (36) hours of personal leave time per year. For

purposes of this clause, an Employee shall not be required to advise his superior of the reason

for the personal leave time. Personal leave time may be accumulated in the same manner as

vacation days, except however no more than twenty-four (24) hours of personal leave time per

calendar year may be carried forward into the following calendar year.

of 68

ARTICLE XX

VACATIONS

A. The vacation allowance shall be set forth in this Agreement in Schedule "C".

B. When in any calendar year the vacation or any part thereof is not granted by reason

of police activities, and any portion thereof is not utilized during the balance of that calendar

year, such unused part of the vacation shall be granted during the next succeeding year.

C. If an Employee is on vacation and becomes sufficiently ill or as to require

hospitalization for four (4) days or more, he may have such period of illness and post hospital

recuperation period charged against sick leave at his option upon proof of hospitalization and a

physician's certificate.

D. No Employee who is on vacation shall be recalled except by the Manager or Chief of

Police to meet an emergency confronting the Employer, and then only if there is no other

reasonable recourse.

E. Vacations shall be selected on a seniority basis which shall be established by the

Department pursuant to the practice which is presently in use.

of 68

ARTICLE XXI

SICK LEAVE

A. All permanent full time Employees covered by this Agreement shall be granted sick

leave with pay of eight (8) working hours leave for every full month of service during the

remainder of their first calendar year of service and one hundred twenty (120) hours sick leave

in each calendar year thereafter which shall accumulate from year to year.

B. Sick leave with pay is hereby defined to mean a necessary absence from duty due to

illness, other than work incurred injury, injury or exposure to contagious disease and may include

absence due to illness in the immediate family of the Employee or necessary attendance upon a

member of the immediate family. (Department of Personnel definition of "immediate family"

shall apply).

C. To qualify for payment while absent on sick leave, each Employee who will be absent

from duty on sick leave shall so notify the Chief of Police or the Officer-in-Charge at least one (1)

hour, or sooner if known, before the commencement of his scheduled tour of duty. Said notice

shall state the nature of the cause of the absence from duty. Shorter notice shall be permitted

in exceptional circumstances which shall be reviewed on a case-by-case basis with final

determination by the Chief of Police. An Employee who is absent without such notification shall

be charged for each hour absent and will be subject to appropriate action. Sick leave usage shall

be calculated on an hourly basis.

D. An Employee absent on sick leave shall submit acceptable medical evidence

substantiating the illness if reasonably requested by the Township Manager.

of 68

E. Upon termination of employment by retirement, any Employee covered by this

Agreement shall be reimbursed for accumulated sick leave on the basis of one (1) hour pay for

each two (2) hours of accumulated sick leave. All employees hired after May 21, 2010 shall only

be entitled to receive a total of $15,000.00 of accumulated sick leave payment at the time of

his/her retirement in accordance with N.J.S.A. 40A:9-10.4.

F. Upon termination in good standing by any means prior to retirement, any Employee

covered by this Agreement shall be reimbursed for accumulated sick days on the basis of one (1)

hour pay for each four (4) hours accumulated sick leave. Retirement shall be defined pursuant

to the New Jersey Police and Fire Pension statutes. This Section shall apply only to employees

hired on or before May 21, 2010.

of 68

ARTICLE XXII

WORK INCURRED INJURY

A. Where an Employee covered under this Agreement suffers a work connected injury or

disability, the Township shall continue such Employee at full pay, during the continuance of such

Employee's inability to work for a period of up to six (6) months. The Employer may extend this

period at its option. During this period of time all temporary disability benefits accruing under

the provisions of the Worker's Compensation Act shall be paid over to the Township.

B. The Employee shall be required to present evidence by a certificate of a responsible

physician that he is unable to work; and the Township Manager may reasonably require the said

Employee to from time to time present such certificates and/or to submit to examination by a

physician selected by the Township.

C. In the event the Employee contends that he is entitled to a period of disability beyond

the period established by the treating physician, a physician employed by the Township or by its

insurance carrier, then, and in that event, the burden shall be upon the Employee to establish

such additional period of disability by obtaining a judgment in the Division of Worker's

Compensation, or by the final decision of the last reviewing court, which shall be binding upon

the parties.

D. In the event a dispute arises as to whether an absence shall be computed or designated

as sick leave or as an injury on duty, the parties agree to be bound by the decision of an

appropriate Worker's compensation court, or, if there is an appeal therefrom, the final decision

of the last reviewing court.

of 68

E. An injury on duty requiring time off for treatment, recuperation or rehabilitation shall

not be construed as sick leave or a sick leave occasion under the terms of the sick leave policy

heretofore agreed upon between the parties.

of 68

ARTICLE XXIII

BEREAVEMENT LEAVE

A. All permanent full time Employees covered by this Agreement shall be entitled to

twenty-four (24) consecutive working hours leave without loss of regular straight time pay, one

(1) leave shift of which shall be the day of death or the day of the funeral, for attendance at

functions related to the death in his immediate family.

B. His immediate family shall include the Employee's spouse, children and grandchildren,

brothers, sisters, parents and grandparents, as well as the parents, children, brothers and sisters

of the Employee's spouse.

C. Such bereavement leave shall not be charged against the Employee's vacation or sick

leave.

D. If an Employee requests an extension of absence under this Article, he must have the

prior consent of the Township Manager; and any additional bereavement leave in excess of

twenty-four (24) hours will be charged against available vacation time or taken without pay for a

reasonable period. The denial of extension of bereavement leave shall not be subject to

grievance procedure.

E. In case of unusual circumstances not specifically covered by this Article, bereavement

leave may be granted or extended at the discretion of the Township Manager.

of 68

ARTICLE XXIV

UNIFORMS AND EQUIPMENT

A. Each new Employee shall receive from the Township, free of charge in lieu of a uniform

allowance, a complete uniform. The basic issue items are set forth at Schedule F. Thereafter, all

unit Employees will receive an annual clothing allowance in the amount of Eight Hundred

Seventy-Five Dollars ($875.00) payable by April 1st of each year. The clothing allowance is taxable

to the Employee as income, but is not included in the Employee’s base pay. The clothing

allowance is not pensionable. The clothing allowance is to be pro-rated in the Employee’s first

and last year of employment.

B. A Police Officer's uniform or personal equipment which is utilized in his capacity as a

Police Officer which is damaged during the course of his employment, as a result of a single

episode, shall be replaced at the expense of the Township except where such damage is caused

by the negligence of the Employee.

C. Any such payments made under the previous paragraph of this Article shall be in

addition to the Police Officer's annual uniform allowance otherwise referred to in this

Agreement.

D. Any person assigned to the Detective Bureau shall be allowed to use one-hundred

percent (100%) of said uniform allowance for the purchase of civilian clothing, but shall be

required to maintain all appropriate seasonal uniforms.

of 68

ARTICLE XXV

MILEAGE ALLOWANCE

A. When an Employee covered by this Agreement is required to leave the Township on

official business, the Township shall attempt to provide a Township vehicle. If such vehicle

cannot be provided, and if the Employee shall be required to use his personal vehicle in any job-

connected capacity, the Officer shall be entitled to an allowance equal to the current Internal

Revenue Service allowable mileage rate. Where authorized by the Chief of Police an EZ Pass Toll

plate shall be made available to the Officer consistent with State law.

B. When it becomes necessary for the Employee with the approval of the Chief of Police

or his designee, while on official out-of-town business or unscheduled duty within the

jurisdiction of the municipality, to pay for tolls, parking and meals, the Employer agrees to

reimburse the Employee in the following manner: The Employer will reimburse to the Employee

the actual cash value for all tolls and parking, and an amount not to exceed Five Dollars ($5.00)

for morning meal; Six Dollars and Fifty Cents ($6.50) for afternoon meals; and Ten Dollars

($10.00) for evening meal. All payments will be made upon receipt of proof of payment in the

form of a receipt from the Employee.

C. When it becomes necessary for the Employee while on official out-of-town business

with the approval of the Chief of Police or his designee, which requires the Employee to engage

in his law enforcement duties for an extended period (beyond twelve (12) hours), the Employer

shall reimburse the Employee the actual cash value for all necessary expenses incurred.

of 68

ARTICLE XXVI

MEDICAL AND DENTAL INSURANCE

A. Effective as soon as Employees can be enrolled, the Township shall offer health and

prescription drug benefits through the New Jersey State Health Benefits Plan (“SHBP”). All

Employees shall be eligible to enroll in any plan offered by the SHBP. Employees will accept any

and all changes that the SHBP might make to any plan designs, including the elimination of any

plan, without condition or exception.

B. The Employer will provide and pay for the following: Life insurance and long term

disability coverage with Standard Insurance Co. and Delta Dental Plan of New Jersey for

Employees covered by this Agreement and their families. Said plans are annexed hereto as

Schedule "D". All plans presently in existence or plans that provide in the aggregate substantially

equivalent benefits shall be maintained by the Township.

C. The cost and expense of the insurance plans herein for the Employee and family shall

be fully paid by the Employer with employee contribution requirements as set forth in Chapter

78, P.L. 2011.

D. Employees will, upon retirement, be eligible for the same benefit plans they were upon

their last day of active duty (subject to ongoing availability from the SHBP), with the cost of such

coverage paid by the Township, except the percentage of premium contribution required by the

Retiree pursuant to Chapter 78, P.L. 2011.

of 68

Retirees shall be permitted to reduce coverage options as circumstances dictate (e.g.,

a retiree may go from husband/wife coverage to single coverage), but may not opt for a higher

level of coverage thereafter.

1. To be eligible for continued benefits the retiree must apply for Medicare and

Medicaid at the earliest date of eligibility.

2. Upon receipt of Medicaid and/or Medicare insurance, the insurance provided

by the Township becomes the secondary insurance.

3. Retirement for the purpose of this Article shall be defined pursuant to the

provisions of the New Jersey Police and Fire Pension statutes and applicable case law.

4. Employees hired on or after 1/1/2018 must have 20 years of service with the

Township to be eligible for retiree medical benefits.

5. If, after the date of retirement, the SHBP changes or eliminates any plan design

that would affect the retiree, the retiree must accept those changes as would an active employee.

of 68

ARTICLE XXVII

INSURANCE

A. The Township will continue to provide existing insurance coverage to Employees

covered under this Agreement, protecting them from civil suits arising out of the performance of

their duties including, but not limited to, the following: false arrest, malicious prosecution, libel,

slander, defamation of character, violation of the right of privacy, invasion of the right of

privileged occupancy and the invasion of civil rights; provided that should any such coverage

become not reasonably feasible, the Township may elect to engage and maintain alternate

insurance or to be self-insured. Equivalent coverage will be maintained.

of 68

ARTICLE XXVIII

PERSONNEL FILES

A. A separate personal history/disciplinary file shall be established and maintained for

each Employee covered by this Agreement. Personal history files are confidential records and

shall be maintained by the Chief of Police. Any member of the Police Department may, by

appointment, review his personal file, but this appointment for review must be made through

the Chief of Police or his designated representative.

B. Whenever a written complaint concerning an Officer or his actions is to be placed in his

personal file, a copy must be given to him and initialed by the Officer. He shall be given the

opportunity to rebut it if he so desires and such rebuttal, if any, will be made and attached to the

complaint and placed in his file within thirty (30) days.

C. All personal history files will be carefully maintained and safeguarded. The Township

Clerk and Accounts Clerk shall be provided with only those Employee records necessary to the

performance of their respective duties.

of 68

ARTICLE XXIX

DEPARTMENTAL INVESTIGATIONS

A. In an effort to insure that departmental investigations are conducted in a manner

which is conducive to good order and discipline, the following rules are hereby adopted:

1. The interrogation of a member of the Force shall be at a reasonable hour, preferably

when the member of the Force is on duty, unless the exigencies of the investigation dictate

otherwise.

2. The interrogations shall take place at a location designated by the Chief of

Police. Usually it will be at the Police Headquarters or the location where the incident allegedly

occurred.

3. The member of the force shall be informed of the nature of the investigation before

any interrogation commences. Sufficient information to reasonably apprise the member of the

allegations should be provided. If it is known that the member of the force is being interrogated

as a witness only, he should be so informed at the initial contact.

4. The questioning shall be reasonable in length. Fifteen (15) minutes time shall be

provided for personal necessities, meals, telephone calls, and rest periods at the end of every

two (2) hours.

5. The member of the Force shall not be subjected to any offensive language, nor shall

he be threatened with transfer, dismissal or other disciplinary punishment. No promise of

reward shall be made as an inducement to answering questions.

of 68

6. At any stage of the proceedings, the Department shall afford an opportunity for a

member of the force, if he so requests, to consult with counsel and/or his Association

representative before being questioned concerning a violation of the rules and regulations during

the interrogation of a member of the force, which shall not delay the interrogation beyond one

(1) hour for consultation with his Association representative, nor more than two (2) hours

consultation with his attorney.

7. In cases other than departmental investigations, if a member of the force is under

arrest or if he is a suspect or the target of a criminal investigation, he shall be given his rights

pursuant to the current decisions of the United States Supreme Court.

B. Nothing herein shall be construed to deprive the Department or its Officers of the

ability to conduct the routine and daily operations for the Department.

of 68

ARTICLE XXX

POLICE VEHICLES

A. All Byram Township Police Department vehicles shall be maintained in a safe and

suitable condition with air conditioning and heat functioning properly.

B. If the air conditioning or heating systems are not operable, the Officer will continue to

work his regular shift and the Employer will repair the car as soon as possible.

of 68

ARTICLE XXXI

BULLETIN BOARD

A. The Employer will supply one (1) bulletin board for the use of the Association for

current Association business to be placed in a conspicuous location.

B. The bulletin board shall be for the use of the Association for posting of notices and

bulletins pertaining to Association business and activities or matters dealing with the welfare of

Employees.

C. No matter may be posted without receiving permission of the officially designated

Association representative.

of 68

ARTICLE XXXII

CEREMONIAL ACTIVITIES

A. In the event that a Police Officer in another Department in the State of New Jersey is

killed in the line of duty, the Employer will permit at least two (2) uniformed Police Officers of

the Department to participate in funeral services for the said deceased Officer, provided this does

not interfere with Township police services.

B. Subject to the availability of same as determined by the Chief, the Employer will permit

a Department vehicle to be utilized by the members of the funeral cortege.

C. Police Officers participating in such funeral service shall not be entitled to any

compensation during the time in which they are participating in said funeral services.

of 68

ARTICLE XXXIII

OFF-DUTY ACTION

Since all Police Officers are presumed to be subject to duty twenty-four (24) hours per

day, the parties agree that any action taken by a member of the force on his off time which would

have been taken by an Officer on active duty if present or available shall be considered police

action, and the Employee shall have all of the rights and benefits concerning such action as if he

was on active duty, whether such action is taken within or outside of the territorial boundaries

of the Township of Byram.

of 68

ARTICLE XXXIV

PRESERVATION OF RIGHTS

A. The parties agree that all benefits, rights, duties, obligations and conditions of

employment relating to the status of the Township of Byram Police personnel which benefits,

rights, duties, obligations, terms and conditions of employment are not specifically set forth in

this Agreement, shall be maintained in not less than the highest standards in effect at the time

of the commencement of collective bargaining negotiations between the parties leading to the

execution of this Agreement.

B. Unless a contrary intent is expressed in this Agreement, all existing benefits, rights,

duties, obligations, and conditions of employment applicable to any Police Officer pursuant to

any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be

limited, restricted, impaired, removed or abolished.

of 68

ARTICLE XXXV

NON-DISCRIMINATION

Neither the Employer nor the Association shall discriminate against any Employee with

respect to hours, wages, or any terms or conditions of employment by reason of his membership

or non-membership in this Association and its affiliates or his participation or non-participation

in any lawful activities of the Association and its affiliates.

of 68

ARTICLE XXXVI

FIREARMS

A. Any Police Officer currently in the employ of the Township upon retirement or

termination of employment in good standing from the Byram Township Police Department shall

have the right to have his Sig Sauer, Model No. P229, transferred into his name upon said

retirement or shall be paid Two Hundred Dollars ($200.00) if he should decline the transfer.

B. Any future Police Officer employed by the Township will be provided the Sig Sauer,

Model No. P229 pistol or successor model, in initial issue and that the first full annual clothing

allowance after appointment will be reduced by the then prevailing price of said weapon, holster

and clip pouch. Such Officer will be entitled to the same retirement transfer provisions as present

Police Officers.

of 68

ARTICLE XXXVII

SPECIAL OFFICERS

A. Special Police Officers may be assigned, pursuant to N.J.S.A. 40A:14-146.15 et.

seq. for the following Township events and/or assignments:

1. A Class 2 Special Officer may be assigned, as available, to serve as Municipal Court Officer;

2. Byram Day festivities;

3. Parade(s) within the jurisdiction of the Township of Byram;

4. School graduation(s) within the jurisdiction of the Township of Byram;

5. Assigned traffic posts which occur outside the confines of the Village property but

within the jurisdiction of the Township of Byram for Waterloo Village sponsored functions.

6. Seasonal details for the period between May 15 to September 15 of each calendar

year for the sole and express purpose of providing supplemental law enforcement coverage to recreational facilities (public and/or private). Use of such Special Police Officers, however, for regularly scheduled events at the recreational facilities shall be in accordance with Sections 1 through 6 above.

B. In the event only one Special Police Officer is assigned to a particular function as

specified in Sections 1 through 6 above, he/she shall be on duty under the direct supervision of

the Chief of Police through the chain of command.

C. In the event two or more Special Police Officers are assigned to an event as

specified in Sections 1 through 6 above, they shall be supervised by a regular Municipal Police

Officer who shall be paid overtime at his hourly rate of pay but not less than the pay attributable

to the rank of Sergeant.

of 68

D. For events and/or assignments other than those specified in Sections 1 through 6

above, available regular Municipal Police Officers shall be utilized and called out in order of

seniority. Any additional personnel which may be needed may be Special Police Officers who will

be called out on the basis of availability. The definition of emergencies shall be as contained

within the laws of this State, specifically N.J.S.A. 40A:14-146.9.

of 68

ARTICLE XXXVIII

DATA FOR FUTURE BARGAINING

A. The Employer and the Association each agree to make available to the other all public

records and matters not protected under New Jersey Open Meetings Act that each may require

to bargain collectively.

B. Neither the Employer nor the Association shall incur additional expense by virtue of

this Article. This Article shall not apply to any attorney-client work product.

of 68

ARTICLE XXXIX

SAVINGS CLAUSE

It is understood and agreed if any portion of this Agreement or the application of this

Agreement to any person or circumstances shall be invalidated by operation of law or Court or

other agency of competent jurisdiction, the remainder of this Agreement or the application of

such provision to other persons or circumstances shall not be affected thereby.

of 68

ARTICLE XL

FULLY BARGAINED AGREEMENT

A. This Agreement represents and incorporates the complete and final

understanding of a settlement by the parties of all bargainable issues which were or could have

been the subject of negotiations. 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 nor both of the

parties at the time they negotiated or signed this Agreement.

B. This Agreement shall not be modified in whole or in part by the parties except by

an instrument in writing only executed by both parties.

of 68

ARTICLE XLI

TERM AND RENEWAL

This Agreement shall have a term from January 1, 2018 through December 31, 2021. If a

successor agreement has not been executed by December 31, 2021, then this Agreement shall

continue in full force and effect until the execution of a successor agreement. It is the

responsibility of the PBA to notify the Township Manager that a change in contract is desired at

least ninety (90) days before the termination of this contract.

of 68

IN WITNESSETH THEREOF, the parties hereto have set their signatures and seals at Byram Township, New Jersey on the day of , 2019. FOR PBA LOCAL 138 (Byram Township Unit): ______________________________________ PBA Representative Todd Sedano ______________________________________ PBA Representative John Donofrio ______________________________________ PBA Representative Daniel Dewald

ATTEST: ____________________________________

FOR THE TOWNSHIP OF BYRAM:

______________________________________ Mayor Alexander Rubenstein ______________________________________ Township Manager Joseph Sabatini ______________________________________ Township Financial Officer Ashleigh Frueholz

ATTEST: ____________________________________

of 68

SCHEDULE A

SALARY GUIDE FOR EMPLOYEES HIRED PRIOR TO 3/11/2013

Effective Effective Effective Effective

1/1/2018 1/1/2019 1/1/2020 1/1/2021

Fifth Year 113,404.00 115,672.00 117,985.00 120,345.00 Sergeant 121,473.00 123,902.00 126,380.00 128,908.00 Lieutenant 129,940.00 132,539.00 135,189.00 137,893.00

Note: All steps up to and including Fourth Year were removed, as there are no Employees that those steps would apply to. Anniversary dates for Employees hired prior to December 31, 1999 shall remain January 1st of each succeeding year.

of 68

SCHEDULE A-1

SALARY GUIDE FOR EMPLOYEES HIRED AFTER 3/11/2013 BUT BEFORE 1/1/2018


1/1/2018 1/1/2019 1/1/2020 1/1/2021

Academy 48,112.00 49,074.00 50,055.00 51,056.00 Remainder of Year 1 52,836.00 53,893.00 54,971.00 56,070.00 After First Year of Service 57,560.00 58,711.00 59,885.00 61,083.00 After Second Year of Service 66,817.00 68,153.00 69,516.00 70,906.00 After Third Year of Service 76,073.00 77,594.00 79,146.00 80,729.00 After Fourth Year of Service 85,329.00 87,036.00 88,777.00 90,553.00 After Fifth Year of Service 94,586.00 96,478.00 98,408.00 100,376.00 After Sixth Year of Service 103,841.00 105,918.00 108,036.00 110,197.00 After Seventh Year of Service 113,404.00 115,672.00 117,985.00 120,345.00 Sergeant 121,473.00 123,902.00 126,380.00 128,908.00 Lieutenant 129,940.00 132,539.00 135,189.00 137,893.00

Note: The Police Academy step shall be a rate of pay commencing with the new Employee's initial effective date of hire through said new Employee's completion of the basic police academy certificate program. Said Employee will then be moved to step entitled “Remainder of Year 1.” Thereafter, all movements to each succeeding level shall occur on each succeeding anniversary of the new Employee’s date of hire. No other step movements shall be granted except those granted on anniversary dates. Anniversary dates for Employees hired prior to December 31, 1999 shall remain January 1st of each succeeding year.

of 68

SCHEDULE A-2

SALARY GUIDE FOR EMPLOYEES HIRED ON OR AFTER 1/1/2018


1/1/2018 1/1/2019 1/1/2020 1/1/2021

Academy 37,500.00 38,250.00 39,015.00 39,795.00 Remainder of Year 1 44,400.00 45,288.00 46,194.00 47,118.00 After Second Year 51,300.00 52,326.00 53,373.00 54,440.00 After Third Year 58,200.00 59,364.00 60,551.00 61,762.00 After Fourth Year 65,100.00 66,402.00 67,730.00 69,085.00 After Fifth Year 72,000.00 73,440.00 74,909.00 76,407.00 After Sixth Year 78,900.00 80,478.00 82,088.00 83,730.00 After Seventh Year 85,800.00 87,516.00 89,266.00 91,051.00 After Eighth Year 92,700.00 94,554.00 96,445.00 98,374.00 After Ninth Year 99,600.00 101,592.00 103,624.00 105,696.00 After Tenth Year 106,500.00 108,630.00 110,803.00 113,019.00 After Eleventh Year 113,404.00 115,672.00 117,985.00 120,345.00 After Sergeant 121,473.00 123,902.00 126,380.00 128,908.00 Lieutenant 129,940.00 132,539.00 135,189.00 137,893.00

Note: The Police Academy step shall be a rate of pay commencing with the new Employee's initial effective date of hire through said new Employee's completion of the basic police academy certificate program. Said Employee will then be moved to step entitled “Remainder of Year 1.” Thereafter, all movements to each succeeding level shall occur on each succeeding anniversary of the new Employee’s date of hire. No other step movements shall be granted except those granted on anniversary dates. Anniversary dates for Employees hired prior to December 31, 1999 shall remain January 1st of each succeeding year.

of 68

SCHEDULE "B"

EDUCATIONAL INCENTIVE A. In the event any member of the Police Department completes any Police related

college level course, said member shall receive additional compensation based on the following

schedule:

After 30 credits - $4.00 per credit After 60 credits - $6.00 per credit After 90 credits - $8.00 per credit B. The Township of Byram will reimburse each member attending any State College,

State University, or County College for said member's expenses involving tuition and books once

said member has exhausted all other means of payment by outside agencies. Employees

covered by this contract shall have the right to attend any college or university with the sole

provision that the Employer shall not be obligated to pay tuition rates within excess of the then

current resident rate at Rutgers College, New Brunswick, New Jersey.

C. Payments for newly acquired eligible college credits shall be made as earned upon

presentation of a certificate establishing the number of credits earned. Payments for previously

earned eligible college credits shall be made annually in one lump sum during January of each

year.

D. Reimbursement of tuition of book fees shall be made upon presentation of

certificates establishing that a course has been successfully completed and documentation that

all other means of payment by outside agencies are unavailable.

of 68

E. It is further recognized that members attending college must secure a grade of "C"

or better to be eligible for financial compensation. Also, courses must be police related and lead

to the degree of A.A., A.S., B.S., M.S. M.A. or J.D.

F. The Township shall not reimburse Officers for college credits earned in excess of

one hundred seventy-five (175) credit hours.

of 68

SCHEDULE "C"

VACATIONS

A. All permanent, full time Employees of the Township whether in the classified or

unclassified service, shall be granted annual leave with pay for vacation purposes during each

calendar year in accordance with the following schedule, pursuant to prior practices.

Length of Employment Vacation Leave Up to one Year 8 working hours for each month of employment One year up to Four years 96 hours Five years up to Nine years 120 hours Ten years up to Seventeen years 144 hours Eighteen years and over 184 hours

B. In determining length of service for this purpose, the total years of service of each

Employee in all full-time capacities with the Township shall be added.

of 68

SCHEDULE "D"

MEDICAL AND DENTAL INSURANCE

Plans to be provided.

of 68

SCHEDULE "E"

NEW ISSUE UNIFORMS

1. 2 Long sleeve shirts

2. 2 Short sleeve shirts

3. 2 Pair Uniform pants

4. 1 Leather winter jacket

5. 1 Spring/Fall Windbreaker

6. 1 Trooper Hat

7. 1 Raincoat

8. 1 Pair Uniform Shoes

9. 1 Pair slush boots

10. 1 Tie

Leather -

Holster, Cuff case, clip pouch, gun belt, 4 keepers.

11. 1 Pair Handcuffs

12. 1 Nameplate

13. 1 Set Collar Brass

Duty Weapon and Badges supplied by Township

Police Academy - clothing as required by the Academy.

AGREEMENT

BETWEEN

TOWNSHIP OF BYRAM

and

OPEIU LOCAL NO. 32 (DEPARTMENT OF PUBLIC WORKS)

_________________________________________________________________

JANUARY 1, 2018 THROUGH DECEMBER 31, 2021 _________________________________________________________________

FOR BYRAM TOWNSHIP: FOR OPEIU LOCAL 32: Mark S. Ruderman Greg MacLaine RUDERMAN ROTH, LLC OPEIU Local 32 150 Morris Avenue; Suite 303 3350 Highway 138 Springfield, NJ 07081 Bldg. 2, Suite 125 973-467-5111 Wall, NJ 07719 908-686-4550

2

TABLE OF CONTENTS ARTICLE PAGE PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

ARTICLE I: RECOGNITION . . . . . . . . . . . . . . . . . . .3

ARTICLE II: TOWNSHIP RIGHTS AND RESPONSIBILITIES. . . . . . .3

ARTICLE III: GRIEVANCE PROCEDURE . . . . . . . . . . . . . . .4

ARTICLE IV: AGREEMENT NOT TO STRIKE . . . . . . . . . . . . .8

ARTICLE V: VACATIONS . . . . . . . . . . . . . . . . . . . .9

ARTICLE VI: HOLIDAYS. . . . . . . . . . . . . . . . . . . . 12

ARTICLE VII: SICK LEAVE. . . . . . . . . . . . . . . . . . . 13

ARTICLE VIII: OTHER LEAVE . . . . . . . . . . . . . . . . . . 15

ARTICLE IX: INSURANCE . . . . . . . . . . . . . . . . . . . 16

ARTICLE X: PENSIONS. . . . . . . . . . . . . . . . . . . . 18

ARTICLE XI: UNIFORMS. . . . . . . . . . . . . . . . . . . . 18

ARTICLE XII: HOURS OF EMPLOYMENT . . . . . . . . . . . . . . 20

ARTICLE XIII: SALARY, WAGES AND TRAINING. . . . . . . . . . . 20

ARTICLE XIV: EXTRA COMPENSATION. . . . . . . . . . . . . . . 22

ARTICLE XV: MEAL ALLOWANCE . . . . . . . . . . . . . . . . .24

ARTICLE XVI: POSTING OF NON-SUPERVISORY POSITION VACANCIES . 24

ARTICLE XVII: COLLECTIVE BARGAINING . . . . . . . . . . . . . 24

ARTICLE XVIII: UNION DUES/AGENCY FEES PAYROLL DEDUCTIONS . . . 25

ARTICLE XIX: MISCELLANEOUS . . . . . . . . . . . . . . . . . 25

ARTICLE XX: SEPARABILITY AND SAVINGS. . . . . . . . . . . . 26

ARTICLE XXI: FULLY BARGAINED PROVISIONS. . . . . . . . . . . 26

ARTICLE XXII: TERM AND RENEWAL. . . . . . . . . . . . . . . . 26

3

PREAMBLE

This Agreement is made effective the first day of January 1,

2018 between the Township of Byram (hereinafter referred to as

the "Township"), a Municipal Corporation situated in the County

of Sussex in the State of New Jersey and OPEIU Local No. 32

(hereinafter referred to as the "Union"), and represents the

complete and final understanding by the parties of all

bargainable issues.

ARTICLE I: RECOGNITION

A. The Township recognizes OPEIU Local No. 32 as the

exclusive representative for the purpose of collective bargaining

for all DPW employees employed by the Township in the titles

noted in Article XIII excluding road foremen and supervisors

within the meaning of New Jersey Employer-Employee Relations Act

and all other employees of the Township.

B. Titles herein shall be defined to include the plural as

well as the singular and shall include males as well as females.

ARTICLE II: TOWNSHIP RIGHTS AND RESPONSIBILITIES

A. In order to effectively administer the affairs of the

Township and to properly serve the public, the Township hereby

reserves and retains unto itself, as the public employer, all the

powers, rights, authorities, duties and responsibilities

conferred upon and vested in it by law or by prior written

agreement. Without limitations, the Township's prerogatives

include the following rights:

1. To manage and administer the affairs and operations of

the Township.

2. To direct the Township's work force and its operations.

3. To hire and promote.

4. To demote, suspend, discharge or otherwise discipline

employees for a just cause.

5. To maintain and promote efficient Township operations.

6. To determine the methods, means, job classification and

4

qualified personnel by which such operations are to be

conducted.

7. To relieve personnel from duty for any legitimate

reason.

8. To determine work schedules and, through the office of

the Superintendent, establish methods and processes by

which such work is to be performed.

9. To hire all employees and, subject to the provisions of

law, to determine their qualifications and the

conditions for their continued employment, dismissal or

demotion with just cause.

10. To promulgate rules and regulations, from time to time,

which may effect the orderly and efficient

administration of municipal government.

B. With respect to Paragraph A above, the Township's use

and enjoyment of its powers, rights, authorities, duties and

responsibilities, the adoption of its policies and practices or

the promulgation of rules and regulations in furtherance thereof,

and the exercise of discretion in connection therewith, shall be

limited only by the terms of this Agreement and to the extent

that the same conforms to the laws of New Jersey and of the

United States of America.

C. The Township in conducting its affairs and Employer

Rights and Responsibilities shall comply with the New Jersey

State Department of Personnel regulations and the law commonly

referred to as, "Civil Service".

ARTICLE III: GRIEVANCE PROCEDURE

A. Definition

A grievance means an appeal concerning the interpretation,

application or violation of this Agreement. Employees shall have

the right to grieve all work disciplinary actions not covered by

an appeal procedure of the Department of Personnel and the right

to grieve the propriety of work rules within fifteen (15)

calendar days of their promulgation. The term grievance and the

grievance procedure set forth herein shall not apply in the

following instances:

5

1. Matters which involve the interpretation or application

of a Department of Personnel Rule or Regulation.

2. Matters where the municipality is without authority to

act or where the Township's designated representative has

authority to act in his or her discretion.

B. Purpose

1. The purpose of this procedure is to secure at the

lowest possible administrative level, an equitable solution to

the problems which may arise effecting the terms and conditions

of this Agreement. The parties agree that this procedure will be

kept as informal as may be appropriate to the circumstances and

as confidential as may be permitted by law.

2. The parties agree that disputes should be resolved at

the lowest possible administrative level. Thus, the parties

shall encourage the informal resolution of disputes by

discussions of complaints between an individual (with a

representative if so desired) and his/her immediate superior and

only in the event that such discussion fails to produce a

satisfactory adjustment of the complaint shall it be reduced to

writing and submitted as a grievance.

C. Procedure

1. An aggrieved employee or his/her Union representative

at the request of and on behalf of an employee must file the

grievance in writing with the immediate supervisor within fifteen

(15) calendar days of the event giving rise to the grievance.

The grievance shall state the date of the event and the names of

all persons involved and shall reference the relevant section or

sections of this Agreement. Failure to submit the grievance

within said time period shall constitute an abandonment of the

grievance.

Step 1. Once timely filed, the aggrieved employee

(representative) shall discuss the grievance with his/her

immediate supervisor. If the grievance is not resolved

satisfactorily or if no resolution is made within seven (7)

calendar days by the immediate supervisor, the employee or his

representative must present the grievance within seven (7)

calendar days to the department head, in the event the immediate

supervisor is not the department head.

6

Step 2. In the event there is not a satisfactory

resolution of the grievance at Step 1, or a decision rendered

within seven (7) calendar days, the aggrieved employee or

representative shall present the grievance in writing to the

Township Manager within ten (10) calendar days after the response

of the department head is due or received, whichever occurs

first. Such statement shall set forth the reasons why the

grievant contends the department head's decision is incorrect,

shall specify the provision or provisions of this Agreement

alleged to be violated and propose the purported corrective

action to be taken by the Township. The Township Manager, or his

designee, shall review the decision of the department head

together with the statement submitted by the grievant and such

other evidence as may be submitted and shall respond to the

grievant and/or representative within ten (10) calendar days.

Step 3.

1. Should the grievant (representative) disagree with the

decision of the Township Manager, the grievant (representative)

may, within ten (10) calendar days after the response of the

Township Manager is due, submit to the Township Council by

service upon the Township Manager, a statement in writing and

signed as to the issue or issues in dispute. Such statement

shall be filed along with:

a. Copy of the written grievance.

b. A statement of the results of prior

discussions thereon.

c. A statement of the grievant's

dissatisfaction with such results.

2. Where the grievant requests in writing a hearing before

the Township Council, a hearing shall be held at its next regular

meeting so long as the request is received at least seven (7)

calendar days before such meeting. If seven (7) calendar days

advance notice is not received, the hearing shall be held not

later than the second regular meeting following receipt of

notice. If the grievant in his/her appeal does not request a

hearing, the Council may consider the appeal on the written

record submitted to it, or may on its own, conduct a hearing; or

it may request the submission of additional written material.

7

Where additional written materials are requested, copies thereof

shall be given to the aggrieved employee who shall be entitled to

have a representative at a hearing if one is held.

3. The Council shall make a determination within fifteen

(15) calendar days after a hearing if one is held, or if not

held, thirty (30) calendar days after the grievant submits the

grievance to the Council through the Township Manager. Such

determination shall be given in writing to the aggrieved

employee, and his/her representative, if there is one.

Step 4.

1. In the event the grievance is not resolved at Step 3 or

a decision is not rendered by the Township Council within the

time provided above, the Union may elect to have the matter

submitted to arbitration and shall file for such arbitration with

the Public Employment Relations Commission within fifteen (15)

calendar days after the decision of the Township Council or when

that decision was due. However, the arbitration shall be held no

sooner than thirty (30) days from the date arbitration is

requested by the Union.

2. Arbitration

a. The arbitrator shall be selected in accordance

with the rules and regulations of the Public Employment Relations

Commission.

b. The arbitrator shall conduct a hearing and shall

render his decision in writing with findings of fact and

conclusions.

c. The arbitrator shall not add to, subtract from,

modify or amend this Agreement in any way.

d. Only one (1) issue, including a group grievance

arising out of the same facts may be submitted to an arbitrator

unless the parties agree otherwise.

e. The decision of the arbitrator shall be final and

binding subject to the New Jersey Arbitration Act N.J.S.A. 2A:24-

1, et seq.

f. The cost of the arbitrator will be borne equally

by the Union and the Township and all other expenses incurred by

either side, including presentation of witnesses, will be borne

by the side incurring same.

8

D. Miscellaneous

1. In the presentation of a grievance, an employee shall

have the right to present his/her own appeal or to designate a

representative to appear with him/her at any step in his/her

appeal.

2. Whenever the employee appears with a representative,

the Township shall have the right to designate a representative

to appear at that step of the grievance procedure.

3. Either the Township or the aggrieved employee may waive

any of the steps of the grievance procedure, but both parties

must agree to the waiver and the waiver shall be memorialized in

writing.

4. The time limits set forth herein shall be strictly

adhered to and may be waived only in writing. If any grievance is

not initiated within the time limit specified, the grievance

shall be deemed to have been waived. If any grievance is not

submitted to the succeeding step in the grievance procedure

within the time limits prescribed, then disposition of the

grievance at the prior step shall be deemed to be conclusive.

5. In the event the Township fails to respond to a

grievance in writing within the time limits specified, then the

failure to respond shall be construed as a negative response and

the aggrieved employee may proceed to the next step in the

grievance procedure.

ARTICLE IV: AGREEMENT NOT TO STRIKE

A. The unit employees and the Union acknowledge that the

need for continued and uninterrupted operation of the Township's

departments and provision of municipal services is of paramount

importance to the citizens of the community and that there should

be no interference with such operations.

B. The Union covenants and agrees that neither the Union

nor any person acting in its behalf will cause, authorize, engage

in, sanction, assist 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 an employee from his position, or

stoppage of work or abstinence in whole or in part, from the

9

full, faithful and proper performance of the employee's duties of

employment), work stoppage, slowdown, walkout or other job action

against the Township. The Union agrees that such action would

constitute a material breach of this Agreement.

C. The Union agrees that it will do everything in its

power to prevent its members from participating in any strike,

work stoppage, slowdown or other activities aforementioned, and

from supporting any such action by any other employee or group of

employees of the Township, and that the Union will publicly

disavow such action and order all such members who participate in

such activities to cease and desist immediately and to return to

work, and take such other steps as may be necessary under the

circumstances to bring about compliance with the Union's order.

D. In the event of a strike, slowdown, work stoppage or

other activity aforementioned, it is covenanted and agreed that

participation in any such activity by any employee covered under

this Agreement shall entitle the Township to take any

disciplinary action up to and including termination of the

employment of such employee or employees.

E. Nothing contained in this Agreement shall be construed

to limit or restrict the Township in its right to seek and obtain

such judicial relief as it may be entitled to have in law or in

equity in the event of such breach by the Union or its members.

ARTICLE V: VACATIONS

A. Employees shall be granted vacation leave based upon

length of service, pursuant to the following schedule:

LENGTH OF SERVICE VACATION

Up to one (1) year. One (1) day per month from the date of

employment.

_______________________________________________________________________________

After the first year of Twelve (12) working days per year.

service through completion of

four (4) years of service.

_______________________________________________________________________________

10

Starting five (5) years of Fifteen (15) working days per year.

service through completion of

nine (9) years of service

_______________________________________________________________________________

Starting ten (10) years of Twenty (20) working days per year.

service through seventeen (17)

years of service.

_______________________________________________________________________________

Starting eighteen (18) years Twenty-five (25) working days per year.

and over.

B. Vacations shall be scheduled on the basis of when the

request is made and where requests are made on the same day,

shall be scheduled on the basis of seniority of employment within

the Department of Public Works. No more than two (2) employees

(exclusive of the mechanic) may be on vacation concurrently,

except in the period of lighter workload, the Superintendent may,

in his sole discretion, authorize additional employee vacations.

Vacation requests for not less than one half («) of the vacation

to which the employee is entitled shall be made on or before

March 1 of each calendar year and in accordance with the request

procedure noted below.

1. For one (1) week of vacation, inclusive of holidays,

personal days and any other compensable time, not less than

fifteen (15) days notice of the request will be given. For

vacation time of less than one (1) week inclusive of holidays,

personal days and other compensable time, not less than three (3)

working days shall be given.

2. All vacation schedules are subject to approval of the

Superintendent. All vacation requests shall be in writing and

will be responded to on the following basis:

a. Requests for one week or more as defined above

- within not more than ten (10) working days.

b. Requests for less than one week (as defined above)

- within not more than five (5) working days.

3. A waiver of any of the aforementioned notice

requirements shall be at the discretion of the Superintendent

and/or the Township Manager whose decision(s) shall be final.

11

C. Once a vacation request is approved in writing, no

bumping based upon seniority will be allowed.

D. An employee may request to carry over to the next

succeeding year not more than ten (10) vacation days. No such

carry over shall be approved without the prior written consent of

the Township Manager. Any carry over will not extend for more

than one (1) year and be pursuant to N.J.S.A. 11A-6.3.

If a man is called out, while on an approved vacation day,

for an emergency, he may be granted the vacation day that year or

in the next succeeding year.

E. If, upon termination from the Township's service, an

employee has used more paid vacation leave than that to which he

is entitled under this Article, he shall have deducted from his

final pay an amount equal to his daily rate of pay for each day

of paid vacation leave taken in excess of the number of paid

vacation leave days to which he is entitled. For purposes of

computing such entitlement, vacation allowance for the current

year shall be pro-rated upon the number of months worked in the

calendar year in which the termination from service becomes

effective.

F. Within the earned vacation allotment, fifty (50)

percent of the DPW hourly unit employees will be allowed a

vacation or personal day in accordance with Article V - B and

Article VIII - E on the day before or the day after a holiday.

G. Employees on the payroll as of January 1 of any

calendar year shall, on that January 1st, be credited in advance

with vacation entitlement in accordance with the foregoing

schedule, provided however, that if the employee works less than

twelve months in the calendar year, he/she is entitled to a pro-

rata share of such vacation entitlement. An employee who has

used more vacation time then he/she is entitled to at the time of

his/her severance shall have an amount equal to his/her daily

rate at the time of severance, deducted from his/her final pay

for each day of vacation the employee has used in excess of the

number of days to which he/she is entitled.

H. If an employee is on vacation and becomes sufficiently

ill or has to require hospitalization of four (4) days or more,

he may have such period of illness and post-hospital recuperation

12

period charges against sick leave at his option upon proof of

hospitalization and/or a physician's certificate.

ARTICLE VI: HOLIDAYS

A. Employees shall be granted fourteen (14) holidays as designated

below:

New Year's Day

Martin Luther King's Birthday

Washington's Birthday Veteran's Day

Good Friday Thanksgiving Day

Memorial Day Day after Thanksgiving

Christmas Eve Day or Day after

Christmas (Manager's Discretion)

Independence Day

Christmas Day Labor Day

Two Floating Holidays

Effective January 1, 2019, there shall be 12 legal observed holidays with

the elimination of Columbus Day and General Election Day. Effective January 1,

2019, employees shall be entitled to two (2) floating holidays to be used at

employee’s discretion with the approval of the Department Head. No more than

two (2) employees exclusive of mechanic may take the same date as a floating

holiday.

B. Should any of the holidays designated above fall on a

Sunday, the following Monday shall be an official holiday.

Should any of the holidays designated above fall on a Saturday,

the Friday immediately preceding the Saturday shall be an

official holiday. Said official holidays shall be with pay.

C. To be eligible for a paid holiday, an employee must

have worked the last scheduled day before and the first scheduled

day after a holiday, unless on an authorized leave because of

bereavement, vacation or illness (medical verification required.)

D. Special Holidays

Thanksgiving Day and Christmas Day are recognized as special

holidays. During the 24-hour period from 12:01 a.m. to 11:59

p.m. on Thanksgiving Day and Christmas Day employees shall be

paid three (3) times their normal hourly wage for hours for which

13

they are required to work on these special holidays.

E. Regular Holidays

Any employee required to work on any of the above regular

holidays, excluding Thanksgiving and Christmas, or required to

work on Sunday, shall receive double his normal hourly wage, said

payment to be included in the next regular payroll.

ARTICLE VII: SICK LEAVE

A. Definition:

1. "Sick leave" shall be defined as an authorized

absence from duty by an employee due to illness, accident or

exposure to a contagious disease, or due to a member of the

employee's immediate family being seriously ill thus requiring

the care or attendance of the employee. Routine medical and

dental treatments or procedures are not included in the

definition of sick time.

2. For the purpose of this Agreement, exposure to a

contagious disease must be verified in writing with particulars,

by a licensed physician, or if as a result of the employees

official duties, a certificate from the Department of Health,

shall be required. In addition to the foregoing, the Township

may require proof of illness of employee on sick leave whenever

such requirement appears warranted under the circumstances.

Abuse of sick leave shall be cause for disciplinary action.

3. Immediate family shall include the employee's

spouse, children, grandchildren, brothers, sisters, parents,

grandparents, as well as the parents, children, brothers, sisters

of the employee's spouse. In order to qualify for the purposes

of this section of the Agreement, the member(s) of the immediate

family must also reside in the employee's household.

B. Each employee who has exhausted his sick bank for two

consecutive years shall be required to provide a physician's

verification after seven (7) undocumented absences the following

year. This requirement shall remain in effect until the employee

has improved his attendance. All sick leave over the said seven

(7) days must have written verification from a physician.

Expenses incurred for verification of sick leave will be

14

reimbursed by the Township, which shall then have the right to

recover from the employee's medical insurance. This shall not

apply to employees who document an extended injury or illness.

C. If the Superintendent of Public Works approves sick

leave after a winter storm consisting of eight (8) consecutive

hours worked, such sick leave shall be excluded from the

documentation requirements of Section B.

D. If any employee is absent from duty due to illness for

three (3) consecutive days, he must have a licensed physician's

certification of illness.

E. When an illness is of a chronic or recurring nature,

causing occasional absences of one day or less, one proof of

illness shall be required for every six (6) month period. The

proof of illness must specify the nature of the illness and that

it is likely to cause periodic absences from employment.

F. Each employee shall be entitled to sick leave credits

pro-rated at one and one-quarter (1 1/4) days per month from the

date of employment. If separation from employment occurs before

the end of said first year, and the employee has used more sick

leave than accumulated, he shall have an amount equal to his

daily rate of pay deducted from his final pay, for each day of

sick leave taken in excess of the number to which he was

entitled.

G. Each employee will be credited fifteen (15) days of

sick leave annually for each succeeding calendar year of full

time employment, which is cumulative. No sick leave may be

taken for less than one-quarter (1/4) of a day. Employees

may use a maximum of four (4) one-quarter sick days per

year, and all other sick leave must be taken at intervals of

at least one-half (1/2) day.

H. An employee upon retiring or whose service with the

Township is terminated under favorable conditions, shall be paid for 50% of his

accumulated unused sick leave up to the maximum of $15,000.00.

I. An employee is required to notify the Department Head

or his designee by 7:00 a.m. by text message or telephone call

15

on each day of absence except where the employee has furnished medical evidence

that extended absence is anticipated. In such circumstance, the employee will

notify the Department Head or his designee on a weekly basis concerning

his medical status. The notification shall be done by the

employee and not a member of the immediate family unless the

employee is critically ill and unable to make the telephone call.

It is recognized that there may be instances when it is

impractical or impossible to give daily notice, as in the case

when an employee is hospitalized or seriously disabled, in which

case it shall be sufficient that the employee or a member of the

employee's immediate family notify the Department Head, his

designee or the Township Manager's office citing the reasons for

such absence. Failure to report absences from duty for five (5)

consecutive business days shall constitute a resignation pursuant

to Civil Service Rules and Regulations.

ARTICLE VIII: OTHER LEAVE

A. Each employee shall be allowed leave, with differential

pay, if he is required to serve on jury duty. A written request

for such leave shall be given by the employee to his supervisor

at least two (2) weeks in advance. When granted said leave, an

employee shall receive the difference between pay received for

jury duty and the employee's wages for the leave period.

B. The Township shall provide bereavement leave with pay

not to exceed three (3) consecutive working days one of which

shall be the day of death or day of the funeral in the case of

death of an employee's spouse, child, brother, sister, mother,

father, mother-in-law, father-in-law, brother-in-law, sister-in-

law, grandparents or grandchildren. The Township Manager may

approve additional bereavement leave for good cause (travel to

funeral, delayed burial, etc.). Said leave to be charged to

personal or vacation leave. The employee shall be allowed three

days per incident, such leave being separate and distinct from

other leave time. If a death occurs during an employees

scheduled vacation time, that employee shall receive replacement

vacation time to be scheduled at a later date. In the case of

16

the death of an employee's aunt or uncle, the employee will

suffer no loss of one (1) days pay to attend the funeral.

C. Time off, other than sick leave, vacation, holidays,

bereavement or military leave, may be authorized by the Township

Manager. For leave without pay, the employee shall submit a

written request to the Department Head or his designee at least

thirty (30) days in advance stating the reason for such request

and the time required. This request will be forwarded to the

Township Manager and answered at least two (2) weeks in advance

of the requested leave.

D. In cases of emergency, such as illness or accident,

involving members of the employee's immediate family, the

Township Manager, the Department Head or his designee shall be

notified before the employee leaves the job and attends to such

emergency. Any time so used shall be chargeable against sick

leave for the day of occurrence. One (1) full sick leave day

will be charged if the employee leaves the job before 11 a.m. No

sick days shall be taken for less than one-half full day. Any

additional time required shall be treated in accordance with Sick

Leave (Article VII).

E. Personal Days

1. Unit employees shall be eligible for four (4)

personal days per calendar year except in the first year of

employment which shall be pro-rated in increments based on the

following schedule:

Date of employment closest to January 1 --- Four (4) days

Date of employment closest to April 1 --- Three (3) days

Date of employment closest to July 1 --- Two (2) days

Date of employment closest to October 1 --- One (1) day

2. One (1) working day notification and prior

approval by the Superintendent with respect to staffing

requirements is required prior to the employee taking a personal

day. The notification provision will not be required in cases of

documented emergency.

ARTICLE IX: INSURANCE

A. The employer will provide Life Insurance Plan, Family Health,

17

Dental Plan and Long-Term Disability Insurance for employees covered by this

Agreement and their families. Said plans are annexed hereto as Schedule A.

B. Effective as soon as Employees can be enrolled, the Township shall

offer health and prescription drug benefits through the New Jersey State Health

Benefits Plan (“SHBP”). All Employees shall be eligible to enroll in any plan

offered by the SHBP. Employees will accept any and all changes that the SHBP

might make to any plan designs, including the elimination of any plan, without

condition or exception.

C. Employees shall contribute towards their medical and other benefits

in accordance with the requirements as set forth in Chapter 78, P.L. 2011, but

in no event less than the greater of (a) one and one-half (1 ½%) percent of

their base salary, or (b) if the employee elects coverage for dependents, ten

(10%) percent of the cost of the premium (up to $900).

D. Retirement Medical Coverage

Employees hired after January 1, 2010 shall not receive post-retirement

health care benefits paid for by the Township. Employees hired by the Township

prior to December 31, 2009, who retire, shall receive during retirement all

medical and dental benefits that would have been required to be paid by the

employer had he/she continued in active employment (subject to ongoing

availability from the SHBP), with the retiree required to contribute towards

their medical and other benefits in accordance with the requirements as set

forth in Chapter 78, P.L. 2011, provided that where applicable:

1. Any such payments or benefits are permitted by

applicable law.

2. The employee must have been employed by the Township of

Byram at the time of retirement with:

a. at least 25 or more years of service, or

b. at least 15 or more years of service and reached

the age of 62, or

c. at least 10 or more years of service if retirement

is caused by disability for which a disability pension of 50

percent or more has been approved.

3. The Township's retirement health benefits program is to

be secondary to any other health insurance program for which the

employee or their spouse may be eligible.

4. The employee must apply for full federal health care

benefits at the earliest opportunity. The Township will provide

"wrap around" coverage, if available, in lieu of the standard

18

benefits after eligibility for federal health benefits shall be

established.

5. The Township shall reimburse the retiree for Part B

Medicare costs provided the premium savings for Medicare eligible

employees equals or exceeds the costs of Part B coverage.

6. Retirees shall be required to reduce coverage options

as circumstances dictate (e.g., a retiree may go from husband/wife

coverage to single coverage), but may not opt for a higher level of

coverage thereafter.

7. If, after date of retirement, the SHBP changes or

eliminates any plan design that would affect the retiree, the retiree

must accept those changes as would an active employee.

ARTICLE X: PENSIONS

The Township shall provide pensions and retirement benefits

to employees covered by this Agreement pursuant to provisions of

the Statutes and Laws of the State of New Jersey.

ARTICLE XI: UNIFORMS

A. The following articles of clothing shall be eligible for the yearly

allowance as stated in Section 4 of this Article

for the duration of this contract:

Work Shoes Coveralls

Pants T-Shirts

Shirts Jackets

Vests Socks

Winter weight or thermal underwear

B. The following articles of clothing shall be purchased

by the Township for employee use, when deemed necessary for

employee safety, by the Department Head. Such items shall be

considered Township of Byram property and, as such, shall remain

in such place as determined by the Department Head when not in

use. Such items will be purchased by the Township and not the

19

employee. Used items must be turned in and/or examined for

replacement by the Department Head.

Hard Hats Foul Weather Gear

Safety Goggles Gloves

Safety Vests Hip Boots

C. All unit employees must report to work in proper uniform

as per rules established by the Department Head subject to the

concurrence of the Township Manager. Failure to report in such

uniform will result in disciplinary action.

D. All unit employees must wear proper summer uniforms as

per rules established by the Department Head. Employees may wear shorts for

summer use. Nonetheless, employees must come to work prepared everyday for

work that may require long pants. Employees may be required change out of

shorts and into long pants at the discretion of the Superintendent of Public

Works.

E. The Township shall replace all unit employee's personal

eyeglasses, including attending physician fees for replacement,

destroyed while performing Township duties. Contact lenses and

designer eyeglasses will not be included as the responsibility of

the Township.

F. All unit employees will receive an annual clothing

allowance in the amount of $750.00 payable April 1st of each year. The clothing

allowance is taxable to the employee as income, but is not included in the

employee’s base pay. The clothing allowance is not pensionable. The clothing

allowance is to be pro-rated in the employee’s first and last year of

employment.

G. All monies for clothing allowance will be advanced on or

about April 1st of each contract year. The current practice of

advancing clothing allowance on or about April 1st shall continue

in effect. However, if the Township Auditor directs the Township

to change its procedure of uniform reimbursements the parties

agree to reopen this provision.

H. Purchases of any items of clothing or wearing apparel

not expressly mentioned by name as being purchased by the

Township in this Article will be the sole responsibility of the

employee. Payment of same will require the submission of a

signed Affidavit representing that all monies requested will be

20

utilized to purchase necessary work clothes as previously stated

in Paragraph A of this section. Paid receipts must be submitted

prior to the end of each contract year as proof of actual

purchase of work clothing. Failure to submit such proof shall

disqualify the employee from receipt of the next succeeding

year's clothing allowance.

ARTICLE XII: HOURS OF EMPLOYMENT

A. The regular work day shall consist of eight (8) hours

of work, beginning at 7 a.m. and continuing until 3:30 p.m. with

one-half (1/2) hour for lunch. The lunch break shall be scheduled

on each job site between the hours of 11 a.m. and 1 p.m.

B. The regular work week shall consist of five (5) working

days, totaling forty (40) hours, Monday through Friday. For

employees hired after January 1, 1988 the work week shall be a

Monday through Saturday schedule, on a bi-weekly basis not to

exceed 80 hours in any two week period.

C. Each employee shall be entitled to one (1) fifteen (15)

minute coffee break each morning and each afternoon, said coffee

break to be scheduled by the job foreman.

D. Tardiness - payroll deductions will be made for

tardiness. After three (3) tardiness deductions, an employee may

be suspended from work for one (1) day. Repeated tardiness can

be cause for further discipline up to and including dismissal.

ARTICLE XIII: SALARY, WAGES AND TRAINING

A. All covered employees shall receive the following wage increase,

which shall apply with full retroactivity:

1. Salaries

a. January 1, 2018 2.0% b. January 1, 2019 2.0% c. January 1, 2020 2.0% d. January 2, 2021 2.0%

21

The wage guides, listed by title, for calendar years 2018 through 2021 are as

follows:

2.00% 2.00% 2.00% 2.00% Title 2018 2019 2020 2021

Assistant Supervisor Public Works

$ 35.42

$ 36.13

$ 36.85

$ 37.59

Equipment Operator 34.67

35.36

36.07

36.79

Senior Public Works Repairer 33.99

34.67

35.36

36.07

Senior Building Maintenance Worker Lower Pressure License

33.99

34.67

35.36

36.07

Senior Mechanic 31.54

32.17

32.81

33.47

Building Maintenance Worker Lower Pressure License

28.39

28.96

29.54

30.13

Mechanic 26.31

26.84

27.38

27.93

Public Works Repairer 24.17

24.65

25.14

25.64

Mechanic Trainee 21.98

22.42

22.87

23.33

Custodian 19.00

19.38

19.77

20.17

Laborer 16.98

17.32

17.67

18.02

The wage guide applies to employees that were hired after January 1, 2008.

The wage guide identifies the hourly increase for employees hired before

January 1, 2008 and are eligible for a grade change.

B. A Laborer with three (3) years of employment will be eligible for a

grade change to Public Works Repairer. A Public Works Repairer will be

eligible for a grade change to Senior Public Works Repairer after five (5)

years of employment as a Public Works Repairer.

C. In addition to the employment time noted in Section B

22

above, individuals seeking a grade change are required to:

1. Possess the appropriate commercial driver’s license with air brake.

2. Have satisfactory performance evaluation meeting position

requirements in key areas evaluated (see attached performance

review).

3. Have successfully completed a civil service examination.

4. Be recommended by the DPW Superintendent and approved by the

Township Manager.

D. A Public Works Repairer and/or Senior Public Works Repairer with a

minimum of three (3) years of experience are eligible for the title of

Assistant Supervisor Public Works. The position of Assistant Supervisor Public

Works may be filled by the Township Manager as determined by the needs and

budget of the Township with the recommendation of the DPW Superintendent.

E. The hours of employment of any Custodian will be determined by the

needs of the Township in its discretion and not subject to the provisions of

Article XII of this Agreement. The Union will be informed by the Township of

the determination of its needs as they become established.

F. A mechanic with three (3) years of employment as a

mechanic with the Township will be eligible for a grade change to

Senior Mechanic.

G. A Building Maintenance Worker (Lower Pressure License) will be eligible

for a grade change to Senior Building Maintenance Worker (Lower Pressure

License) after five (5) years of employment as a Building Maintenance Worker

(Lower Pressure License).

H. Employee Training. The Township will reimburse one-hundred (100%)

percent of the training costs for the employee upon the satisfactory completion

of all courses approved in advance by the Township Manager which employees are

requested by the Township to take to obtain any specialized training,

certification, licenses and/or registrations required to perform the duties of

their positions or future positions. The eligibility for training is based on

the needs of the Township, available budgeted funds and is at the sole

discretion and approval of the Township Manager with recommendations from the

Public Works Superintendent.

ARTICLE XIV: EXTRA COMPENSATION

A. Overtime

1. All unit employees shall be eligible for overtime

23

compensation. Employees who are required to work in excess of

eight (8) hours in one (1) day, shall be paid overtime

compensation for all such hours worked at the rate of one and

one-half (1 ½) times their regular hourly rate.

2. No employee shall work any extra time unless so

scheduled by the Department Head with the approval Manager.

3. All unit employees called to duty due to

emergencies shall be paid overtime from time of call-out and must

report to work within one (1) hour of such call-out. Employees

failing to meet said call-out provision will not be paid from

time of call-out, but rather from actual time of reporting to

work.

4. A. Overtime shall be offered on a rotating basis, starting at

the senior most title and working down the list of all employees. In a case

where multiple employees hold the same title seniority will be based on date of

hire. An employee will have 10 minutes to respond back to the supervisor upon

request to respond. If an employee fails to respond or requests to be skipped,

they will remain on the list in order and the next person will be called. On

second pass through the list, call-in will be mandatory. The list will be

posted and maintained by the Superintendent of Public Works. Management

reserves the right to call in any employee regardless of title, or order of

list rotation in special circumstances. All employees may be required to work

overtime. In the event of emergencies, employees are required to report if

called.

B. Call-Out:

When a call-out is required as determined by the Township

Manager or his designee and the use of equipment is involved, any

unit employee who is called out will be guaranteed a minimum of

three (3) hours overtime. Said three (3) hour minimum shall not

be paid when the overtime is contiguous to the work day. In those

instances when the overtime is contiguous to the work day the

employee held over shall only be paid overtime for the actual

hours worked.

24

ARTICLE XV: MEAL ALLOWANCE

A. All employees will be paid a meal allowance for every

six (6) hours of consecutive overtime worked in the amount of $13.00. The meal

allowance is taxable to the employee as income but is not included in the

employee’s base pay. The meal allowance is not pensionable.

B. Employees will be allowed 60 minutes paid meal time for

every six (6) hours of consecutive overtime actually worked.

Mealtime schedule must be approved by Superintendent.

C. Employees will be allowed mealtime during morning hours

if called out after 1 a.m.

ARTICLE XVI: POSTING OF NON-SUPERVISORY POSITION VACANCIES

A. The Township Clerk shall make every reasonable effort to

post openings for non-supervisory classifications in the DPW on

employee bulletin boards at least five (5) work days prior to

formal personnel action regarding such openings in order to afford

interested employees an opportunity to make application for any

such opening.

B. To provide advancement opportunities, the Township shall

make every reasonable effort to post on employee bulletin boards

any and all new positions or vacancies available in the Township,

regardless of whether or not they have been announced in the

Department of Personnel Bulletin. In seeking inter-departmental

transfers, whether promotional or lateral, employees shall not be

discriminated against due to their status as Township employees.

ARTICLE XVII: COLLECTIVE BARGAINING

The parties agree that, in accordance with past practice,

negotiating sessions will be scheduled at a time mutually

convenient to the Employer and the Union.

25

ARTICLE XVIII: UNION DUES/AGENCY FEES PAYROLL DEDUCTION

A. Payroll deductions for dues may be made upon the

submission by the Union of notification by employees authorizing

the deduction of dues from pay. The Township Treasurer shall

forward dues to the Union at monthly intervals. Employees shall

have the right to withdraw authority for deduction of dues in

accordance with New Jersey Statutes, but subject to Paragraph B of

this Article.

B. Any permanent employee in the bargaining unit on the

effective date of this Agreement who does not join the Union

within the thirty (30) days thereafter, any new permanent employee

who does not join within thirty (30) days of initial employment

within the unit, and any permanent employee previously employed

within the unit who does not join within ten (10) days of re-entry

into employment with the unit shall, as a condition of employment,

pay a representation fee to the Union by automatic payroll

deduction. The representation fee shall be in the amount equal to

eighty-five (85%) percent of the regular union membership dues,

fees and assessments. The Union's entitlement to the

representation fee shall continue beyond the termination date of

this Agreement so long as the Union remains the majority

representative of the employees in the unit, provided that no

modification is made in this provision by a successor agreement

between the Union and the Employer.

C. The Union agrees that it will indemnify and save

harmless the Township against any and all actions, claims,

demands, process of expenses (including reasonable attorney's

fees) in any matter resulting from proper action taken by the

Township in reliance upon this Article.

ARTICLE XIX: MISCELLANEOUS

Upon employment, the Township shall provide new employees

with copies of all fringe benefits including health, policies,

26

regulations, Labor Agreement and a job description for the

employee's title.

ARTICLE XX: SEPARABILITY AND SAVINGS

If any provision of this Agreement or application of this

Agreement to any employee, a group of employees is hailed to be

invalid by operation of law, by any Court, administrative body or

other tribunal of competent jurisdiction, all other provisions of

the Agreement shall continue in full force and effect and shall

not be affected thereby.

ARTICLE XXI: FULLY BARGAINED PROVISIONS

A. This Agreement represents and incorporates the complete

and final understanding and settlement by the parties of all

negotiable issues which were or could have been the subject of

negotiations.

B. The parties acknowledge that during the negotiations

that resulted in this Agreement, each had the unlimited right and

opportunity to make demands and proposals with respect to any

subject or matter not removed by law from the area of collective

negotiations, and that the understandings and agreements arrived

at by the parties after the exercise of that right and opportunity

are set forth in this Agreement.

C. Therefore, the Township and the DPW Unit, for the

life of this Agreement, each voluntarily and unqualifiedly waives

the right, and each agrees that the other shall not be obligated

to, bargain and other recognized bargaining unit in the Township

of Byram for the duration of this contract.

ARTICLE XXII: TERM AND RENEWAL

This AGREEMENT shall be in full force and effect as of the

first day of January, 2018 and shall remain in full force and

effect through the 31st day of December, 2021. Any economic

changes in the Agreement shall apply to employees in the employ of

27

the Township on the date of signing of this Agreement or who

retired from the employ of the Township or who died during the

term of the Agreement. This Agreement shall remain in full force

and effect after the termination date of this Agreement, unless

either party gives notice in writing not less than ninety (90) or

more than one hundred and twenty (120) days prior to termination

date of the Agreement of a desire to change, modify or terminate

the Agreement.

IN WITNESS WHEREOF, the parties have hereunto subscribed

their hands and seal this day and year.

FOR OPEIU Local No. 32: ______________________________________ DPW Representative Donald Boroughs ______________________________________ DPW Representative Anton Merando ______________________________________ DPW Representative Matthew Pinkerton

ATTEST: ____________________________________

FOR THE TOWNSHIP OF BYRAM:

______________________________________ Mayor Alexander Rubenstein ______________________________________ Township Manager Joseph Sabatini ______________________________________ Township Financial Officer Ashleigh Frueholz

ATTEST: ____________________________________

TOWNSHIP OF BYRAM ORDINANCE 002-2019

SALARY AND WAGE ORDINANCE FOR POLICE

FOR THE YEARS 2018-2021 BE IT ORDAINED by the Mayor and Township Council, Township of Byram, County of Sussex, State of New Jersey as follows: SECTION: 1. The salary for each appointed official and employee of the Township of Byram who is engaged on an annual salary basis shall be hereby fixed as follows: For new employees hired on or after January 1, 2018: Position Minimum Maximum Police Officer

a) Academy $37,500.00 $39,795.00 b) Remainder of Year 1 44,400.00 47,118.00 c) After Second Year 51,300.00 54,440.00 d) After Third Year 58,200.00 61,762.00 e) After Fourth Year 65,100.00 69,085.00 f) After Fifth Year 72,000.00 76,407.00 g) After Sixth Year 78,900.00 83,730.00 h) After Seventh Year 85,800.00 91,051.00 i) After Eighth Year 92,700.00 98,374.00 j) After Ninth Year 99,600.00 105,696.00 k) After Tenth Year 106,500.00 113,019.00 l) After Eleventh Year 113,404.00 120,345.00

For new employees hired after March 11, 2013 but before January 1, 2018: Position Minimum Maximum Police Officer a) Police Academy $48,112.00 $51,056.00 b) Remainder of Year 1 52,836.00 56,070.00 c) After 1st Year of Service 57,560.00 61,083.00 d) After 2nd Year of Service 66,817.00 70,906.00 e) After 3rd Year of Service 76,073.00 80,729.00 f) After 4th Year of Service 85,329.00 90,553.00 g) After 5th Year of Service 94,586.00 100,376.00 h) After 6th Year of Service 103,841.00 110,197.00 i) After 7th Year of Service 113,404.00 120,345.00 For employees hired before March 11, 2013: Position Minimum Maximum Police Officer a) Top Pay (After 5th Year) $113,404.00 $120,345.00 Sergeant $121,473.00 $128,908.00 Lieutenant 129,940.00 137,893.00 Detective Increment $1,500 per annum SECTION: 2. The hourly rate of pay for each appointed hourly employee shall be fixed as follows: Position Minimum Maximum Special Law Enforcement Officer – Class I $8.00 $10.00 Special Law Enforcement Officer Officer – Class II 9.00 13.50

SECTION: 3. The authorized number of positions shall be established by the Annual Budget adopted by the Township Council or as otherwise provided by statute or official action of the Township Council. SECTION: 4. The Manager of the Township of Byram may establish rates of compensation for all employees, and may hire any new employee at an annual or hourly rate which does not exceed the maximum salary provided for such office or position. SECTION: 5. Personnel covered by the existing labor contracts shall be entitled to longevity and other benefits as per contract, if applicable. Full-time annual salaried employees not covered by contracts shall be entitled to the benefits but not including longevity, educational, or overtime payments, which are provided to the bargaining unit of their department or to the clerical bargaining unit if not otherwise covered. SECTION: 6. All existing ordinances or parts of existing ordinances which are inconsistent with the terms of this ordinance are to the extent of such inconsistency repealed. SECTION: 7. This Ordinance shall take effect after publication and passage according to law and shall be effective from January 1, 2018 and until revised.

BY ORDER OF THE MAYOR AND COUNCIL OF BYRAM TOWNSHIP

Attest: BYRAM TOWNSHIP COUNCIL ___________________________ __________________________ Doris J. Flynn, Township Clerk Alexander Rubenstein, Mayor Introduced: 02/19/19 Adopted:

Councilman Gray

Councilwoman Kash

Councilman Olson

Councilman Roseff

Mayor Rubenstein

Motion

2nd

Yes

No Abstain Absent

NOTICE is hereby given that the above titled Ordinance was introduced and passed first reading at a meeting of the Township Council of the Township of Byram, held at the Byram Township Municipal Building, Mansfield Drive, Byram Township, New Jersey, on the 19th day of February, 2019. The said ordinance will be further considered for final adoption at a meeting of the Township Council of the Township of Byram, held at the Byram Municipal Building, Mansfield Drive, Byram Township, New Jersey, on the 5th day of March 2019 at 7:30 p.m. at which time all persons will be given the opportunity to be heard concerning said ordinance. Copies are available to the public at the Clerk’s office between the hours of 8:30 a.m. and 4:30 p.m. Doris J. Flynn, RMC Byram Twp. Municipal Clerk

TOWNSHIP OF BYRAM ORDINANCE 003-2019

DEPARTMENT OF PUBLIC WORKS SALARY AND WAGE ORDINANCE

FOR THE YEARS 2018-2021 BE IT ORDAINED by the Mayor and Township Council Township of Byram, County of Sussex, state of New Jersey as follows: SECTION: 1. The salary for each appointed official of the Township of Byram who is engaged in the Department of Public Works shall be hereby fixed as follows (as negotiated with O.P.E.I.U. Local No. 32): Position Minimum Maximum Assistant Supervisor Public Works $35.42 $38.65

Equipment Operator 34.67 38.20 Sr. Public Works Repairer 33.99 37.48 Sr. Mechanic 31.54 33.47 Mechanic 26.31 27.93 Public Works Repairer 24.17 25.64 Mechanic Trainee 21.98 23.33 Custodian 19.00 20.17 Laborer 16.98 18.02 Sr. Bldg. Maint. Low Pressure License 33.99 36.78 Bldg. Maint. Worker-Low Pressure License 28.39 30.13 SECTION 2: The authorized number of positions shall be established by the Annual Budget adopted by the Township Council or as otherwise provided by statute or official action of the Township Council. SECTION 3: The Manager of the Township of Byram may establish rates of compensation for all employees and may hire any new employee at an hourly or annual rate which does not exceed the maximum salary provided for such office or position without specific authorization of the Township Council. SECTION 4: Personnel covered by the existing labor contracts shall be entitled to benefits as per contract, if applicable. Full time annual salaried employees not covered by contracts shall be entitled to the benefits but not including longevity, educational, or overtime payments, which are provided to the bargaining unit of their department. SECTION 5: All existing ordinances or parts of existing ordinances which are inconsistent with the terms of this ordinance are to the extent of such inconsistency repealed. SECTION 6: This Ordinance shall take effect after publication and passage according to law and shall be effective from January 1, 2018 and until revised. BY ORDER OF THE MAYOR AND COUNCIL OF THE TOWNSHIP OF BYRAM Attest:

________________________________ ______________________________

DORIS J. FLYNN, MUNICIPAL CLERK ALEXANDER RUBENSTEIN, MAYOR

Introduced: February 19, 2019 Adopted:

Councilman Gray

Councilwoman Kash

Councilman Olson

Councilman Roseff

Mayor Rubenstein

Motion 2nd Yes No Abstain Absent

NOTICE is hereby given that the above titled Ordinance was introduced and passed first reading at a meeting of the Township Council of the Township of Byram, held at the Byram Township Municipal Building, Mansfield Drive, Byram Township, New Jersey, on the 19th day of February, 2019. The said ordinance will be further considered for final adoption at a meeting of the Township Council of the Township of Byram, held at the Byram Municipal Building, Mansfield Drive, Byram Township, New Jersey, on the 5th day of March 2019 at 7:30 p.m. at which time all persons will be given the opportunity to be heard concerning said ordinance. Copies are available to the public at the Clerk’s office between the hours of 8:30 a.m. and 4:30 p.m.

TOWNSHIP OF BYRAM COUNCIL AGENDA, TUESDAY, FEBRUARY …

Documents

Transcript of TOWNSHIP OF BYRAM COUNCIL AGENDA, TUESDAY, FEBRUARY …