AGREEMENT

Between

TOWN OF KEARNY

and

KEARNY POLICEMEN'S BENEVOLENT ASSOCIATION

LOCAL 21

January 1, 2004 to December 31, 2008

METS & SCHIRO, LLP

APRUZZESE, McDERMOTT, P.O. Box 668

MASTRO & MURPHY, P.C.

Woodbridge, NJ 07095

25 Independence Boulevard Tele: 732-636-0040

P.O. Box 112 Fax: 732-636-5705

Liberty Corner, NJ 07938 PBA Attorneys

Tele: 908 580-1776

Fax: 908 647-1492

Town Attorneys

TABLE OF CONTENTS

Page No.

ARTICLE I

RECOGNITION AND SCOPE OF AGREEMENT

2

II

COLLECTIVE BARGAINING PROCEDURE

3

III

CONDUCTING UNION BUSINESS

5

IV

DISCRIMINATION AND COERCION

7

V

PAY TREATMENT FOR EXTENDED ILLNESS

8

VI

UNION SECURITY

10

VII

MANAGEMENT OF TOWN AFFAIRS

12

VIII

HOURS OF WORK AND WORK SCHEDULE

13

IX

OVERTIME

14

X

MUSTER TIME PAY ALLOWANCE

16

XI

MINIMUM PAY - CALL IN TIME

17

XII

MINIMUM PAY - COURT OR OTHER

APPEARANCES

18

XIII

VACATION

19

XIV

DEATH IN FAMILY

22

XV

HOLIDAYS

23

XVI

HOSPITAL, MEDICAL AND LIFE INSURANCE

25

XVII

CLOTHING ALLOWANCE

27

XVIII

LIABILITY INSURANCE

28

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TABLE OF CONTENTS

Page No.

XIX

BULLETIN BOARD

29

XX

PENSIONS

30

XXI

DISCHARGE OR SUSPENSION

31

XXII

GRIEVANCE PROCEDURE

32

XXIII

ARBITRATION

34

XXIV

WAGES

36

XXV

LONGEVITY

40

XXVI

SCHEDULE FOR PAYMENT OF CERTAIN BENEFITS 42

XXVII

ACCESS TO PERSONNEL FILES

43

XXVIII

TERMINAL LEAVE

44

XXIX

HOUSEHOLD MEMBER ILLNESS

45

XXX

TRAINING SCHOOLS

46

XXXI

EDUCATIONAL BENEFITS

47

XXXII

REIMBURSEMENT OF TRAVEL EXPENSES

48

XXXIII

NIGHT HAZARD DIFFERENTIAL

49

XXXIV

DISCIPLINARY HEARINGS-RIGHTS

OF POLICE OFFICERS

50

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TABLE OF CONTENTS

Page No.

XXXV

DURATION

52

XXXVI

RETROACTIVITY

53

SIGNATURE PAGE

54

iii

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This general agreement made and entered into on the ___ day of _________, 20__, by

and between the TOWN OF KEARNY, a municipal corporation in the County of Hudson,

hereinafter referred to as the "Employer" and KEARNY POLICEMEN'S BENEVOLENT

ASSOCIATION, Local 21 hereinafter referred to as the "Union" or the "PBA"

WHEREAS, the parties hereto have carried on collective bargaining negotiations for the

purpose of developing and concluding a general agreement covering wages, hours of work and

other conditions of employment.

NOW, THEREFORE, in consideration of these promises and mutual agreements herein

contained, the parties hereto agree with each other with respect to the employees of the Employer

recognized as being represented by the Union as follows:

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ARTICLE I - RECOGNITION AND SCOPE OF AGREEMENT

Section 1.

The Employer hereby recognizes the Union as the sole and exclusive

representative of all the employees in the bargaining unit as defined in Article I, Section 2, herein

for the purposes of collective bargaining and all activities and processes relative thereto.

Section 2.

The bargaining unit shall consist of all sworn employees or members of the

Police Department of the Town of Kearny, New Jersey, now employed or hereafter employed

below the rank of Sergeant.

Section 3.

This agreement shall govern all wages, hours and other conditions of

employment herein set forth.

Section 4.

This agreement shall be binding upon the parties hereto and their successors.

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ARTICLE II - COLLECTIVE BARGAINING PROCEDURE

Section 1.

Collective bargaining with respect to rates of pay, hours of work and other

conditions of employment shall be conducted by the duly authorized bargaining agent of each of the

parties. Unless otherwise designated, the Mayor of the Employer or his/her designee, and the

President of the Union, or his/her designee, shall be the respective bargaining agents for the parties.

Section 2.

Collective bargaining meetings shall be held at the times and places mutually

convenient at the request of either party.

Section 3.

Employees of the Employer who may be designated by the Union to

participate in collective bargaining meetings called for the purpose of the negotiation of a collective

bargaining agreement will be excused from their work assignments.

Section 4.

Ordinarily, not more than nine (9) additional representatives of each party

shall participate in collective bargaining meetings.

Section 5.

No representative of the Employer shall meet with any member of the

bargaining unit other than an authorized representative of the PBA nor shall any member of the

bargaining unit, without specific authority by the PBA meet with a representative of the Employer

for the purpose of discussing wages, hours or conditions of employment or other matters which are

properly subjects of collective negotiations between the parties without prior notification to the PBA

and the Town of such meetings and without the presence at such meetings of a representative of the

PBA designated by the President of the PBA and a representative of the Employer.

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The aforesaid provisions of Section 5 are not intended to prohibit, restrain, interfere with or

affect in any way the collective bargaining process or labor management relations activities between

the parties, including but not limited to, meetings and discussions between authorized

representatives of Employer and the PBA during the term of this agreement, the grievance

procedure set forth in this agreement and any other meetings or discussions required under this

agreement or necessary for the proper implementation and performance of the terms of this

agreement.

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ARTICLE III - CONDUCTING UNION BUSINESS

Section 1.

The Employer shall permit members of the Union Grievance Committee (not

to exceed three), to conduct the business of the Committee, which consists of conferring with

employees and management on specific grievances in accordance with the grievance procedure set

forth herein, during the duty hours of the members without loss of pay, provided the conduct of said

business shall not diminish the effectiveness of the Police Department or require the recall of off-

duty policemen to bring the Department to its proper effectiveness.

Section 2.

The Employer shall permit members of the Union Negotiating Committee to

attend collective bargaining meetings during the duty hours of members. However, only three (3)

members of such Committee shall be permitted to attend such meetings without loss of pay, each

for a maximum of four (4) meetings.

Section 3.

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

the members of the Union selected as delegates to attend any State or National Convention of the

New Jersey Policemen's Benevolent Association as provided under N.J.S.A. 11A:6-10 and N.J.S.A.

40A:14-177.

Section 4.

The Employer shall grant time off without loss of pay to the President of the

Union and the Legislative Delegate to the New Jersey State PBA for functions which require their

attendance. The Employer further agrees that said official shall be granted time off without loss of

pay to attend in an official capacity as representatives of the PBA, funerals for any member of the

Kearny Police Department who dies while in active service and other police officers who have

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given their lives in the line of duty. Nothing herein shall prevent the Chief of Police from allowing

said time off in his/her discretion for attendance at funerals of retired members of the Kearny Police

Department. If the State Delegate must attend a State PBA meeting, he will be excused from

his/her scheduled tour of duty on that day.

Section 5.

The President of the PBA shall be assigned to a permanent day assignment

during his/her term in office as PBA President unless he personally waives such assignment in

writing.

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ARTICLE IV - DISCRIMINATION AND COERCION

There shall be no discrimination, interference or coercion by the Employer or any of its

agents against the employees represented by the Union because of membership or activity in the

Union. The Union shall not intimidate or coerce employees into membership. Neither the

Employer nor the Union shall discriminate against any employee because of race, creed, color or

national origin.

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ARTICLE V - PAY TREATMENT FOR EXTENDED ILLNESS

Section 1.

The Employer agrees to pay employees at their regular rate of pay during

periods of disability due to illness, injury or recuperation therefrom, for a maximum period of one

year from the date of such disability, provided such employee is incapable of performing his/her

duties as a police officer and that such disability is established by a competent physician.

Section 2.

The Employer retains the right to extend this period of payment for disability

due to illness or injury beyond one year on its own discretion.

Section 3.

The Employer may require at any time during the period of such extended

disability as described in Section 2 above, that the employee be examined by a physician selected by

the Employer for such purpose.

Section 4.

In the event a disagreement arises with respect to the existence or extent of

the disability, such issue shall be determined by a physician agreed to by and between both of the

parties to this agreement; i.e., the Employer and the Union.

Section 5.

The cost of providing a doctor's certificate to establish the existence or extent

of disability as may be required under this Article shall be borne by the Employer.

Section 6.

Whenever a member of the bargaining unit is injured in the course of his/her

employment, the cost of all medical treatment required as a result of such injuries shall be paid by

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the Employer, provided, however, that such medical treatment is provided or directed by a

physician of the Employer's choice.

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ARTICLE VII - UNION SECURITY

Section 1.

Insofar as permitted by law, the Employer agrees to deduct from the pay of

all employees of the Police Department, initiation fees, dues and assessments as required by the

PBA By-Laws and other Union rules and regulations duly enacted. All such deductions shall be

paid over to the properly designated Union official monthly on a regular recurring basis.

Section 2.

Representation Fee.

(a) Purpose of Fee - If an employee does not become a member of the PBA during any

membership year (i.e., from January 1 to the following December 31) which is covered in whole or

in part by this agreement, said employee will be required to pay a representation fee to the PBA for

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

services rendered by the PBA as majority representative.

(b) Notification - Prior to the beginning of each membership year, the PBA will notify

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

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

(c) Certification - The PBA will certify to the Employer before the start of each

membership year that the amount of the representation fee to be assessed does not exceed eighty-

five (85%) percent of dues, fees and assessments, or the maximum allowed by law, and does not

include any amount of dues, fees and assessments that are expended:

1. for partisan, political or ideological activities or causes that are only

incidentally related to the terms and conditions of employment, or

2. applied toward the cost of benefits available only to members of the majority

representative.

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(d) Demand and Return - The PBA agrees that it will, in conformity with the applicable

laws, establish a demand and return system for all employees and will present appropriate evidence

of the existence of such a system to the Employer.

(e) The PBA shall indemnify and hold the Employer harmless against any and all

claims, demands, suits and other forms of liability, including liability for reasonable counsel fees

and other legal costs and expenses that may arise out of or by reason of any action taken or not

taken by the Employer in conformance with this provision.

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ARTICLE VII - MANAGEMENT OF TOWN AFFAIRS

The Union recognizes that areas of responsibility must be reserved to the Employer of the

local government as to serve the public effectively. Therefore, the right to manage the affairs of the

Employer and to direct the working forces and operations of the Employer, subject to the limitations

of this agreement, is vested in and retained by the Employer exclusively.

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ARTICLE VIII - HOURS OF WORK AND WORK SCHEDULE

Section 1.

The work day shall consist of not more than eight (8) consecutive hours in a

twenty-four (24) hour period, except as mutually agreed to by the parties.

Section 2.

Tour men shall work tours of four (4) consecutive days followed by two (2)

days off. There shall be sixteen (16) hours off between scheduled shifts unless mutually agreed to

by the parties. All non-tour men shall work a regular five (5) day week unless mutually agreed to

by the parties, or in accordance with the practices in effect as of this date.

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ARTICLE IX - OVERTIME

Section 1.

The Employer agrees that overtime pay consisting of time and one-half shall

be paid to all employees covered by this agreement for overtime work, i.e., hours worked in excess

of the regular work day consisting of eight consecutive hours in a twenty-four period of hours

worked on his/her regularly scheduled day off, or during scheduled vacation periods.

Section 2.

When an employee is required to work overtime for overtime pay, he shall

be paid for a full hour for any portion of an hour worked at the prevailing overtime rate as set forth

in Section 1, above.

Section 3.

Employees who work overtime and are entitled to overtime pay as provided

in Section 1 of this article, shall be paid such overtime pay in the wages for the pay period next

following the pay period when such overtime is worked.

Section 4.

The overtime policy in effect as of May 25, 1993 as set forth in the memo

attached to the memorandum of agreement signed by the parties on May 25, 1993 (a copy of which

is attached hereto as Exhibit "A") shall continue to be used. The Chief of Police, or his/her designee

may change this policy, but only after having provided the PBA President with a written notice

which must be given no later than 10 days prior to the planned effective date of the change in

policy.

A.

All management rights, as well as Union rights respective to this

overtime policy, currently in existence, or as may be amended by State law or PERC rules in the

future, shall be retained.

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B.

The PBA specifically retains whatever rights it currently has to

grieve this overtime policy through the grievance procedure outlined in Article XXII.

Section 5.

Subject to the above provisions, overtime work shall be offered and

distributed in an equitable manner among all members of this unit.

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ARTICLE X - MUSTER TIME PAY ALLOWANCE

It is recognized that employees may be required for the purpose of muster at the

commencement of a tour to report fifteen (15) minutes in advance of the tour starting time. In

accordance with this recognition, overtime pay as provided for in Article IX, entitled Overtime,

shall not be paid for the fifteen minutes muster time period, but each employee shall have the sum

of .6% added to his/her base pay, annually, in addition to his/her regular pay and other benefits,

which shall be known as muster time pay. Except for such muster time pay, all employees who

work overtime shall be paid at the prevailing overtime rates as set forth in Article IX, entitled

Overtime.

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ARTICLE XI - MINIMUM PAY - CALL IN TIME

In the event an employee is called in to duty for other than his/her normal assignment or at

times or on days during which he is not regularly scheduled for duty, he shall be paid overtime at

the prevailing rate as set forth in Article IX, Overtime, for all time worked during such period, but in

no such case shall he be paid for less than three (3) hours at said overtime rate irrespective of actual

time worked.

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ARTICLE XII - MINIMUM PAY - COURT OR OTHER APPEARANCES

In the event an employee is required to appear in any Court of this State, any other State or

in any Federal Court or before any administrative tribunal or grand jury as a witness or otherwise at

a time or on a day when said employee is not working or scheduled to work, in connection with a

matter arising out of his/her employment as a police officer, the employee shall be paid a minimum

of three (3) hours pay each day, as set forth in Article XI, entitled Minimum Pay - Call in Time, at

the prevailing overtime rate set forth in Article IX, entitled Overtime, and a maximum of five (5)

hours pay each day at the said prevailing overtime rate, irrespective of actual time in attendance

before such Court or Tribunal.

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ARTICLE XIII - VACATION

Section 1.

All employees covered by this agreement who have completed three (3) or

more years of service shall receive twenty-nine (29) working days of vacation with pay annually.

Such entitlement shall be effective for the year during which the third year of employment is

completed.

Section 2.

All employees who have not concluded one (1) year employment shall

receive one day's vacation for each month of employment during the first calendar year of

employment.

Section 3.

All employees who have concluded one (1) year but not concluded three (3)

years of employment shall receive seventeen (17) working days vacation with pay annually.

Section 4.

All employees in addition to all other allowable vacation time shall receive

an additional vacation day for every five (5) years of service. The additional vacation day shall be

considered earned as of January 1st of each year, if the employee shall have completed, or will

complete his/her necessary years of service during said calendar year. Effective July 1, 2005,

vacation entitlement will be prorated in the year of termination of employment with the Town

except in the case of retirement (either ordinary service or for disability) where vacation entitlement

shall not be prorated.

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Section 5.

In order not to hamper proper and efficient police operations, both parties

agree that the scheduling of vacations must be left to the Employer but the following conditions

shall be observed, in such scheduling:

(a) Employees desiring specific vacation periods during the months of January

through June must request such vacation periods by January 1st. Employees

desiring vacation periods during the months of July through September must request

such vacation by March 15th and employees desiring vacation periods during the

months of October through December must request such vacation by June 1st.

Request for vacation periods shall not be unreasonably denied and the Employer

shall approve or reject such request within a reasonable time after the time within

such request must be made in accordance with this contract. In determining the

allocation of requested vacation periods, seniority in rank shall govern.

(b) No employee shall be permitted to take more than three (3) consecutive

weeks of vacation at one time.

(c) Vacation period assignments during June, July and August shall be based

exclusively upon seniority among the employees.

(d) No employee shall be assigned more than two (2) weeks vacation during

June, July and August.

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Section 6.

All employees covered by this agreement shall be entitled to their vacation

days in single days off or any combination of consecutive days. These consecutive days must be

taken in accordance with the provisions set forth in Article XIII, Section 5 of this agreement, in

addition:

(a) Notice shall be given at least seventy-two (72) hours in advance of any

single day or other combination of vacation days taken. Exception: In cases of

emergency where 72 hours notice cannot be given, maximum notice possible, if any,

under the circumstances shall be given. There shall be a maximum of twelve (12)

emergency vacation days (EVDs) that may be taken during a calendar year; except

that each officer may only use two (2) EVDs from Thanksgiving through December

31. All vacation days, including single vacation days and EVDs are subject to

approval by the Chief of Police or his/her designee, which approval shall not be

unreasonably denied.

(b) Vacation days may precede or succeed regular days off or other authorized

non-work days.

(c) For the purpose of control, it will be necessary for any employee who

requests any vacation period during the following designated days, to take a

minimum of four (4) consecutive working days off.

New Years Eve

Christmas Eve

Thanksgiving

Christmas

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ARTICLE XIV - DEATH IN FAMILY

The Employer agrees that all employees covered by this contract shall be permitted

bereavement leave with pay, not to exceed four (4) working days beginning on the first work day

following the date of death of spouses, children, brothers, sisters, mothers, fathers, mother-in-law or

father-in-law, sister-in-law and brother-in-law, grandparents of employee or employee's spouse or

any member of employee's household.

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ARTICLE XV - HOLIDAYS

Section 1.

The following shall be recognized as paid holidays under this Agreement.

New Years Day

Labor Day

Martin Luther King's Day

Washington's Birthday

Election Day (General)

Lincoln's Birthday

Veteran's Day

Easter Sunday

Thanksgiving Day

Memorial Day

Christmas Day

July 4th (Independence Day)

If a holiday is declared to commemorate the events of September 11, 2001, it shall be added to the

above list of holidays.

Section 2.

It is recognized by both parties that employees of the Police Department may

not by reason of Departmental Business enjoy the aforesaid holidays, except the employee's

birthday as set forth in Section 3, by not working on those dates. In the event any of the aforesaid

allowed paid holidays falls on a non-duty day, said holiday shall be deemed to have fallen on the

next scheduled working day.

Section 3.

Each employee may observe his/her birthday by not working on such day

after having given seventy-two (72) hours notice and in such case shall be paid for such day at

his/her regular rate of pay. In the event an employee's birthday falls on a day upon which the

employee is not scheduled to work, he may observe such holiday after notice on the next work day

after the date upon which his/her birthday falls. In the event the employee elects to work on his/her

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birthday, the employee shall be paid for his/her birthday in the same manner as other holidays.

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ARTICLE XVI - HOSPITAL, MEDICAL AND LIFE INSURANCE

Section 1.

The Employer agrees to provide, at no cost to the employee, full Blue Cross

and Blue Shield coverage, including Rider "J" for all employees and their dependents as defined

under the respective policies of insurance. The Employer also agrees to provide major medical

insurance to all employees and their dependents.

Section 2.

The Employer further agrees to provide, at no cost, to all retired employees

who have been, prior to retirement, employees covered by this agreement, and to their spouses and

dependents, full Blue Cross and Blue Shield coverage, including Rider "J" benefits and major

medical insurance.

Section 3.

The Employer agrees to provide at no expense to the employees, a five

thousand ($5,000.00) dollar Life Insurance Policy for all employees covered by this Agreement.

The Employer agrees to provide, at no expense to the employees, upon their retirement, a five

thousand ($5,000.00) dollar Life Insurance Policy. This retirement policy shall include all those

patrolmen working for the Employer as of January 1, 1982.

Section 4.

The Employer shall provide each member of the unit with a dental insurance

program by Delta Dental. The coverage shall be no less than 80% by the Plan and 20% by the

member of the unit. The annual deductible for the single plan shall be $50.00 and for the family

plan $150.00. The Employer shall pay the full cost of the premium for said insurance. Annual

coverage shall be $2000.00 and orthodontia an additional $1000.00. All retired employees who

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have been, prior to retirement, employees covered by this agreement, shall be allowed to, at the

retiree's option, remain in the dental insurance program by Delta Dental at the retiree's sole expense.

Section 5.

The Employer at its cost shall provide to all employees and their

dependants a Prescription Drug Plan.

Each prescription and renewal shall be paid for by the Employer subject to a co-payment

by the employee, which shall not exceed $5.00 for brand name drugs and $1.00 for generic

drugs, per prescription or renewal.

The Employer further agrees to provide at no cost to all qualified retired employees under

State Statute who have been prior to their retirement employees covered by this agreement and

their dependants a Prescription Drug Plan. Each prescription and renewal shall be paid for by

the Employer subject to a co-payment by retired employees, which shall not exceed $5.00 for

brand name drugs and $1.00 for generic drugs, per prescription or renewal.

a.

The Employer will reimburse directly to the retired employees any co-payment in

excess of the $5.00 and $1.00 co-pay plan upon the submission of valid receipts.

b.

The Employer shall reimburse the retired employee within 45 days of the close of

each quarter upon receipt of the quarterly voucher. If the Employer fails to

reimburse the retiree for a covered claim within the set time period, the Employer

shall incur a liquidated damages liability to the retiree in the amount of $100.00

per submitted and undisputed claim, in addition to the underlying claim.

Should the Employer change prescription plans, the new plan must be equal to or better than the

State Health Benefits Plan.

Section 6.

Effective July 1, 2005, the spouse and dependants of any officer who dies

while employed by the Employer shall receive all health benefits (medical, prescriptions and dental)

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enjoyed while the officer was an active employee at the Employer’s expense, unless such benefits are

provided at the expense of the State of New Jersey. The benefits shall continue for said officer’s

surviving spouse in the same manner as for a surviving spouse of a retiree and for dependants until

they become emancipated. Employees who are hired on or after July 1, 2005 and who die while off-

duty must have a minimum of four (4) years of New Jersey creditable PFRS service at the time of

death to be eligible for this benefit.

ARTICLE XVII - CLOTHING ALLOWANCE

Section 1.

A clothing allowance in the amount of $750.00 per year shall be paid by the

Employer to all employees covered by this agreement. Effective in calendar year 2005, the clothing

allowance shall be $800.00 per year; and effective in calendar year 2006, it shall be $900.00 per

year; and effective January 1, 2007 and thereafter it shall be $1,000.00 per year. Payment of the

clothing allowance shall be made in two (2) equal installments, one-half (1/2) to be paid the first pay

in May and the second half (1/2) to be paid the first pay in December.

Section 2.

The Employer will provided bullet proof vests to all new police officers

upon successful completion of their training academy. Current employees will have their vests

replaced on an as needed basis as determined by the PBA, with a maximum of 20 vests per year

provided to PBA members. (Class 3A threat level).

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ARTICLE XVIII - LIABILITY INSURANCE

The Employer agrees to provide liability insurance coverage in an adequate sum covering its

employees who are covered by the agreement during the performance of duties.

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ARTICLE XIX - BULLETIN BOARD

The Employer shall permit the Union reasonable use of all Bulletin Boards located in the

respective Police facilities for posting notices concerning Union business and activities, but no such

notice shall contain salacious, inflammatory or anonymous material.

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ARTICLE XX - PENSIONS

The Employer shall provide pension and retirement benefits to employees covered by this

agreement pursuant to provisions of the statutes and laws of the State of New Jersey.

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ARTICLE XXI - DISCHARGE OR SUSPENSION

No employee shall be disciplined or discharged without just cause. Except as covered by

Department of Personnel rules and regulations, an employee who has been disciplined or discharged

may grieve such action in accordance with the provisions hereinafter set forth entitled

GRIEVANCE PROCEDURE and ARBITRATION.

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ARTICLE XXII - GRIEVANCE PROCEDURE

Section 1.

A grievance is any complaint arising with respect to wages, hours of work or

other conditions of employment. In order to provide for the expeditious and mutually satisfactory

settlement of grievances, the procedures hereinafter set forth shall be followed.

Section 2.

Complaints may be initiated by an individual employee to the Police Chief

or his/her Deputy. If the complaint is not adjusted satisfactorily at this level and the employee

wishes to enter a grievance, it shall be presented by the authorized Union representatives.

Section 3.

When the Union wishes to present a grievance for itself or for an employee

or group of employees for settlement, such grievance shall be presented as follows:

Step 1.

The President of the Union or his/her duly authorized and designated

representative shall present and discuss the grievance or grievances orally with the

Police Chief or his/her duly designated representative. The Police Chief shall

answer the grievance orally within five (5) days.

Step 2.

If the grievance is not resolved at Step 1, or no answer has been

received by the Union within the time set forth in Step 1, the grievance may be

presented in writing to the Mayor and Town Council. The final decision of the

Mayor and Town Council shall be given to the Union in writing within fourteen (14)

days after receipt of the grievance by the Mayor and Council.

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Section 4.

If the grievance has not been settled by the parties at Step 2 of the Grievance

Procedure, or if no answer in writing by the Mayor and Town Council has been received by the

Union within the time provided in Step 2, the Union may demand arbitration of the grievance in

accordance with Article XXIII, ARBITRATION, hereinafter set forth.

Section 5.

Nothing herein is intended to deny an employee the right of appeal as

expressly granted in Department of Personnel rules and regulations for the State of New Jersey.

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ARTICLE XXIII - ARBITRATION

Section 1.

Any grievance or other matter in dispute involving the interpretation or

application of the provisions of this agreement, not settled by the Grievance Procedure as herein

provided, may be referred to an arbitrator as hereinafter provided.

Section 2.

Either party may institute arbitration proceedings when the Grievance

Procedure has been exhausted by written demand upon the other party specifying the nature of the

unsettled grievance or other matter in dispute involving the interpretation or application of the

provision of this Agreement and the relief sought. Within fifteen (15) days following presentation

of such demand, the party demanding arbitration shall request the New Jersey Public Employment

Relations Commission to appoint an arbitrator to hear the arbitration in the manner set forth in its

Rules and Regulations.

Section 3.

The decision of the Arbitrator shall be in writing and shall include the

reasons for such finding and conclusion.

Section 4.

The decision of the Arbitrator shall be final and binding on the Union and

the Employer.

Section 5.

Where an employee has exercised his/her right of appeal as expressly

granted in the Department of Personnel rules and regulations or Statutes of New Jersey, there shall

be no right to arbitration under the provision of this Article.

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Section 6.

In the event of a change in the law governing the New Jersey Public

Employment Relations Commission or its rules and regulations which would in any way affect the

method of selection of an arbitrator then, in the alternative, the party demanding the arbitration shall

request the American Arbitration Association to submit a list of nine (9) arbitrators from which the

parties may make a selection of the arbitrator. If the parties fail to agree on the selection of the

arbitrator from the list, each party shall alternately strike one name until but one name remains and

that party shall be the arbitrator of the issue or issues to be arbitrated. The cost of the arbitrator's

services, if any, shall be shared by both parties and each of the parties shall bear its own costs.

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ARTICLE XXIV - WAGES

Section 1.

For employees hired prior to August 1, 2005; the following salary schedule

shall be effective and retroactive to the period commencing January 1, 2004 and ending December

31, 2004 and salaries shall be paid in accordance therewith:

Patrolmen

1st year

$37,716

2nd year

$51,456

3rd year

$57,651

4th year

$63,851

5th year

$70,071

Section 2.

The salaries effective and retroactive to January 1, 2005 through December

31, 2005 shall be:

1st year

$39,187

2nd year

$53,463

3rd year

$59,899

4th year

$66,341

5th year

$72,804

Section 3.

The salaries effective January 1, 2006 through December 31, 2006 shall be:

1st year

$40,715

2nd year

$55,548

3rd year

$62,235

4th year

$68,928

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5th year

$75,643

Section 4.

The salaries effective January 1, 2007 through December 31, 2007 shall be:

1st year

$42,303

2nd year

$57,714

3rd year

$64,662

4th year

$71,616

5th year

$78,593

Section 5.

The salaries effective January 1, 2008 through December 31, 2008 shall be:

1st year

$43,953

2nd year

$59,965

3rd year

$67,184

4th year

$74,409

5th year

$81,658

For employees hired on or after August 1, 2005:

Section 6.

The salaries effective January 1, 2005 through December 31, 2005 shall be:

1st year

$32,386

2nd year

$40,469

3rd year

$48,499

4th year

$56,636

5th year

$64,724

6th year

$72,804

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Section 7.

The salaries effective January 1, 2006 through December 31, 2006 shall be:

1st year

$33,649

2nd year

$42,047

3rd year

$50,390

4th year

$58,845

5th year

$67,248

6th year

$75,643

Section 8.

The salaries effective January 1, 2007 through December 31, 2007 shall be:

1st year

$34,961

2nd year

$43,687

3rd year

$52,355

4th year

$61,140

5th year

$69,871

6th year

$78,593

Section 9.

The salaries effective January 1, 2008 through December 31, 2008 shall be:

1st year

$36,324

2nd year

$45,391

3rd year

$54,397

4th year

$63,524

5th year

$72,596

6th year

$81,658

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Section 10.

Effective in calendar year 2004, each police officer serving as a Detective

shall receive in addition to his/her wages set forth above a stipend of $300.00 per annum prorated

where applicable during service in the Detective Bureau. In calendar year 2005 the stipend shall be

$600.00 per annum and effective January 1, 2006 the stipend shall be $1,000.00 per annum each

year.

Section 11.

Effective upon execution of this Agreement by the parties, a bi-weekly

pay plan shall be implemented.

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ARTICLE XXV -

Section 1.

Each employee covered by this agreement shall be paid in equal installments

in his/her regular pay check in addition to the rates of pay set forth in Article XXIV herein, a

longevity increment based upon years of service with the Kearny Police Department in accordance

with the following schedule:

Years of Service

Percentage of Salary

4 to 7

2

8 to 11

4

12 to 15

6

16 to 19

8

Beginning 20

10

Section 2.

Effective July 1, 2005, the following adjustments shall be made to the

longevity plan:

Employee Hired Prior to 08/1/05

Employee Hired on or After 08/1/05

Years of Service Percent of Salary Years of Service

Percent of Salary

4 to 7

2%

10 to 13

4%

8 to 11

4%

14 to 17

6%

12 to 15

6%

18 to 21

8%

16 to 19

8%

22 to 23

10%

20 to 23

10%

Beginning 24th

12%

Beginning 24

12%

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Section 3.

Each employee shall qualify for the longevity increment on the 1st day of

January of the year in which the anniversary of his/her employment falls. Longevity shall be

prorated in the year of termination for those who resign their employment with the Town or are

discharged for cause. Officers who retire (either service or disability) are not prorated. Longevity

payments shall be due and payable as set forth in Article XXVI.

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ARTICLE XXVI - SCHEDULE FOR PAYMENT OF CERTAIN BENEFITS

The Employer shall pay certain of the contractual benefits under this agreement in

accordance with the following schedule:

(a) Payment of holidays shall be included in an officer’s base pay and paid in equal

installments in his/her regular pay check.

(b) Muster-time pay shall be included in an officer’s base pay and paid in equal installments

in his/her regular pay check..

(c) Longevity increments shall be included in an officer’s base pay and paid in equal

installments in his/her regular pay check.

(d) Night hazard differential pay shall be paid on the second pay day in December of each

year.

(e) Retroactive payment of all fiscal benefits provided for under this agreement

including but not limited to, wages and the benefits scheduled for payment under this Article, shall

be paid as soon as possible after the execution of this agreement.

(f) The $350.00 payment for continuing education and training shall be paid on the first

pay day of September of each year.

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ARTICLE XXVII - ACCESS TO PERSONNEL FILES

The Employer agrees to permit each employee full inspection and examination without

restriction of his/her personnel file at least once during each calendar year upon request by the

employee. The inspection shall take place in a private place provided by the Employer at

reasonable hours during the day. The Employer may require that such inspection and examination

take place in the presence of the Chief of Police or his/her designee and the employee may, at

his/her option, have a third party present during such inspection. The employee shall be permitted

to copy all or part of statements, writings, or information contained in his/her personal file. The

employee shall have the right to challenge any statements therein. If he believes any material is

inaccurate or incomplete, he may submit a grievance and process the same through the grievance

procedure.

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ARTICLE XXVIII - TERMINAL LEAVE

Each employee covered by this agreement shall be entitled to and granted terminal leave of

sixty-five (65) days, with pay at the time of his/her retirement. Such leave may be taken for

purposes of early retirement or an employee may work until retirement at which time he shall be

entitled to a terminal leave payment equivalent to sixty-five (65) days' pay.

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ARTICLE XXIX - HOUSEHOLD MEMBER ILLNESS

Employees covered by this agreement shall be granted leave without loss of pay up to a

maximum of five (5) working days in cases where a member of the employee's household is

seriously ill or has given birth to a child, provided the employee has no unused vacation time

remaining during the calendar year in which the illness or birth occurs.

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ARTICLE XXX - TRAINING SCHOOLS

Employees who attend Police Training Schools and are required by such attendance to

remain overnight away from home, shall be paid the sum of twenty ($20.00) dollars per day during

such attendance for expenses. In addition thereto, such employees will be entitled to receive

reimbursement for travel expenses as provided for in this agreement. The Employer agrees not to

discriminate in the assignment of members to training schools and to assign said members in

accordance with the professional needs of the Kearny Police Department.

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ARTICLE XXXI - EDUCATIONAL BENEFITS

Section 1.

The Employer agrees to pay the cost of education benefits for education

courses taken by employees which constitute a benefit to and which are directly related to his/her

employment activities, subject however, to the following limitations:

(a) Courses must be taken at an accredited college or university.

(b) Payment will be made at a maximum of $25.00 per credit.

(c) Payment for the cost of books shall not exceed $40.00 per year.

(d) Payment shall be made in the form of reimbursement to the employee at the rate of

50% per year of said reimbursement costs, as hereinabove defined, payable over two years.

(e) The Employer shall deduct from said reimbursement cost federal grant and aid funds

which have been received by employee, but federal grant and aid shall not include veteran's

benefits. Vouchers showing receipted payments for all books and credits must be submitted before

any payments can be made.

Section 2.

Effective and retroactive to January 1, 1995, all officers shall receive

a $350.00 annual bonus for continuing education and training.

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ARTICLE XXXII - REIMBURSEMENT OF TRAVEL EXPENSES

In the event an employee is required to use his/her automobile to travel on business relating

to his/her duties as a police officer, including but not limited to travel to and from court appearances

and to and from training schools, such employee shall receive fifteen ($.15) cents per mile for

automobile use together with reasonable parking costs and toll fees. Effective July 1, 2005, the

fifteen ($.15) cents per mile reimbursement provided for herein shall be increased to the rate

allowed by IRS regulations.

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ARTICLE XXXIII - NIGHT HAZARD DIFFERENTIAL

Section 1.

There shall be a paid night hazard differential to all employees working the

third shift. The amount of night hazard differential shall be five (5%) percent of the employee's

salary earned while working the third shift hours.

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ARTICLE XXXIV - DISCIPLINARY HEARING - RIGHTS OF POLICE OFFICERS

In the event any member of the unit is or may become the subject or target of an

investigation which may subject such members to discipline or a disciplinary hearing, the parties

agree that for the purpose of insuring that the investigations are conducted in a manner which is

conducive to good order and discipline and protective of the rights of employees, the following

rules are adopted:

(a) The members shall be given written notice of the charges together with the name of

the complainant a reasonable time before any interrogation takes place or written or oral report is

required.

(b) If an interrogation of a member is to take place or if a member is required to file a

written or oral report, he shall be advised as to whether such interrogation or report is required of

him as a witness or as a potential target of an investigation.

(c) If a charge is brought against a member of the unit, a hearing on the charge must be

brought within sixty (60) days of the date written notice of the charge is received by the members.

(d) The member shall have the right to legal counsel of his/her choice.

(e) The member shall have the right of discovery and production of documents from the

Town without limitation.

(f) The member shall have the right to refuse to take polygraph or similar type lie

detector equipment without fear of departmental discipline for such refusal.

(g) The member shall have the right to refuse to testify at his/her disciplinary hearing

without fear of departmental discipline for such refusal.

(h) The member shall have the right to refuse in any way to prepare to give written or

oral reports in connection with any manner in which the said member may be the target of an

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investigation leading to a disciplinary charge and proceeding without fear of departmental discipline

for such refusal in any case where a report has already been filed relating to such matter or in any

case where the matter under investigation relates to the private conduct only of the police officer

while not on duty.

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ARTICLE XXXV - DURATION

Section 1.

This agreement shall be in effect from the 1st day of January, 2004 to and

including the 31st day of December, 2008.

Section 2.

At least fifty (50) days prior to the expiration of this agreement, the parties

hereto agree to commence negotiations for a new Collective Bargaining Agreement.

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ARTICLE XXXVI - RETROACTIVITY

All agreements made herein relative to wages and other fiscal benefits as agreed upon

subsequent to January 1, 2004 shall be retroactive to January 1, 2004, except as otherwise provided

herein.

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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day

of , 200__.

TOWN OF KEARNY

Attest:

By:

KEARNY POLICEMEN'S BENEVOLENT

ASSOCIATION, LOCAL 21

Attest:

By:

JOHN PLAUGIC, PRESIDENT

By:

, V.P.

146327

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[BARGAINING NOTE] The parties understand that the following section is in dispute

between them, and should an issue arise with respect to this language each party reserves its rights

with regard to any defenses or claims concerning this language which is set forth as follows:

Section 6. The spouse and dependents of any officer who dies while employed by the

Employer shall receive all health benefits (medical, prescriptions and dental) enjoyed while the

officer was employed by the Employer at the Employer’s expense. The benefits shall continue for

said officer’s surviving spouse until Medicare becomes applicable and for dependents until they

become emancipated.

If a dispute arises between the parties with respect to this language and such dispute is

litigated with a finding in favor of the PBA, this language shall remain in the contract; and if the

dispute is resolved in favor of the Town, this language shall be removed from the contract.

26(a)