RESOLUTION NUMBER #_16.27 BOROUGH OF LoD! Bergen County, New Jersey WHEREAS, the Borough of Lodi (hereinafter referred to as the *Borough’) desires to enter into an Agreement with Deputy Police Chief Doneld Scorzet of the Loci Police Depariment (ueroinafter referred to as "Deputy Chie?) for the period of January 1, 2016 ‘through December 31, 2016 (hereinafter referred ta as the "Agreement; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Counall ofthe Borough of Loci thatthe Borough of Lodi enter into an Agrooment with Deputy Police Chief Gonala ‘Scorzat ofthe Lodi Police Department for the period of January 3, 2076 through December 31, 2016 in the forn of Agreement annexed hereto; BE IT FURTHER RESOLVED that the Borough Manager Bruce T. Masopust shell be ‘and is hereby authorized to execute sald Agreement on behalf of the Borough Adopted this _19thiay of _ January , 2016. arrest Aebea be. Cele nite Emil Caraia, J Mayor ‘Debra A Ciiento Municipal GlenAGREEMENT BETWEEN THE BOROUGH OF LoD! AND DEPUTY POLICE CHIEF DONALD SCORZETT! DEPUTY CHIEF OF POLICE LODI POLICE DEPARTMENT EFFECTIVE DATES JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 1ABTICLE 1 RECOGNITION THIS AGREEMENT entered info as of the 1* day of January, 2016, by and between the Borough of Lod in the County of Bergen, New Jersey (hereinafter referred to as the "Borough and Deputy Chief Donald Soorzett (hereinafter referred to as the “Deputy Chief of Police”), hereby establishes the following terms and conditions of ‘employment forthe position of Deputy Chief of Police. This Agreement represents the ‘complete and final understanding on all bargaining issues between the Borough and the Deputy Chief of Potce. ARTICLE 2 - MANAGEMENT RIGHTS ‘The Borough hereby retains and reserves unta itself all powers, rights, authoriy, duties and responsibilties conferred upon and vested in it prior tothe signing ofthis ‘Agreement by Laws and Constitution of the State of New Jersey and of the Unites States, except those limited by the specitic and express terms ofthis agreement, and then only to the extent that such specific and express terms hereof are in conformance with the Constitution and the laws of Nev Jersey and the United States. ARTICLE 3 - RESPONSIBILITIES OF THE DEPUTY CHIEF OF POLICE Under the alrection of Chief of Police and in connection with State Lav, the Ordinances of the Borough of Lodi, Regulations and Policies established by the Lodi Police Department, the responsibiliies as dtected/authorized by the Chief of Police (not limited to) shai! be as folows: ‘A. Conduct and manage the day-to-day operstions of the Lodi Police Department;Administer and enforce rules, regulations and special emergency directives regarding the disposition and discipline ofthe police force, its officers and personnel Have, exercise and discharge the functions powers and duties of the police force; Delegate suah of his author as he may deem nasessary forthe ecient operetion ofthe fore to be exerlsed under his decton and supervision; Prescribe the duties and assignments of al subordinates and other personnel and Roport atleast monthly tothe Borough as tothe operations ofthe police force ‘uring the preceding month. ARTICLE 4 WORK WEEK ‘The Deputy Chief of Police shail spend sulticient time at his job to insure the ‘smooth and responsible operation of the Police Department aver which he has supervisory control: ARTICLE 5 - SICK LEAVE A Sioé leave is hereby defined to mean an absence from the post of duly by the Deputy Chief of Police, while in gaod standing, due to ines, accidental injury, isabilty and exposure to contagious disease or the necessiy to attend to and care fora seriously lor Injured member of his immediate member of his Immediate family or household member. Inthe event the Deputy Chief of Poles is absent from work on sick leave due to any of the above slated reasons, not caused by other employment or business‘ventures, he may request and shall be granted a leave of absence with full pay, as herein provided. tf the Deputy. Chief of Police Is absent from work on sick leave and is uneile to report for work for seven (7) oF more consecutive working days, the Borough may requite the Deputy Chief af Police to submit acceptable medical evidence ‘substantiating the need fr sick leave, Ifthe Deputy Chief of Potice is absent from work for reasons that entie him to sick leave (beyond seven (7) days), Deputy Chie of Police shall noty the Chief (of Police and next In command and Borough Manager as early es possible, but ‘no later than eight (8) hours prior to the start ofthe scheduled work shift rom Which he is absent, except inthe case of an emergency. “The term immediate family forthe purpose ot this atice shall include the {ollowing: spouse, parent, stepparent, child, stepchild, foster child, any other relative residing In the Deputy Chief of Police's household. ‘Sick leave shall accrue for the Deputy Chief of Police at the rate of fifteen (15) ‘working days in every calendar year of employment which shall accumulate from year-to-year. Deputy Chief of Police shell be paid for accrued sick leave upon retirement, separation, termination except for cause! at then per diem rate subject to applicable law. For Gause. Any employee including Deputy Chief who has been dismissed, resigns or retires due to any violation of Borough Policies andlor State fr Federal Law - and such separationidismissal of service has been upheld by NJ Department of Personnel or Court of proper jurlsdtion.In addition and in accordance with the provisions of law governing sick leave for police personnel contained in N..S.A, 40A:14-197, every officer may upon approval of governing body by Ordinance or by Resolution be granted up to one (1) year sick eave, not related to accumulated siok days which are hereby expressly authorized, ‘The Deputy Chief of Police, at his option, may be paid up to 100% of his annual Unused sick leave from the precading year at the preceding year's rate, payable no later than January 15th ofthe year of application subject to applicable law. ARTICLE 6 - INJURY LEAVE A Inthe event the Deputy Chat of Poze becomes disabled by reason af work ‘lated injury or itness and is unable to perform his duties then, ln ation to ~any sick leave benefits otherwise provided fr inthis Agreement, the Deputy Chiet of Poce shal be enttted to ful pay fra period of one (t) year. the DDepuly Chief of Police exercises tis right, he shall surender to and deliver any ‘workmen's compensation salary payments to the Borough of Lod in oder to receive his enti salary payment ‘When injured on duty (10D), whether sight or severe, the Deputy Chief of Police must rake an immediate report, if prateable, por othe end ofthe day. Flare to report any injury may result in the failure ofthe Deputy Chief of Police to receive compensation under this arte ‘The Deputy Chist of Poi wil be required to present evidence, by way of cerificate or report of a physician designated by the Borough, that he is unable towork, and the Borough may easonably roquite the Deputy Cit of Police to present such certficates or report fom time-to-time. ARTICLE 7- FUNERAL LEAVE In the event of death in the Deputy Chief of Police's immed family (herein defined as ether a epouse, parent, stepparent, grandparent, sibling, cil, stepshié, Jaw, sister, daughter oF foster cil, grandchild, parent n-tew, broth ‘sor-inlaw) oF any rlatve() residing inthe Deputy Chie of Police's home, Deputy Chief of Potice shal be granted time of, without loss of pay, commencing no fter than the day of the funeral, but inno event to exoeed four (8) consecutive calendar days. ABI Is [A The Deputy Chief of Paleo shal be entitled t all the provisions governing vacation allowance as follows: ‘The vacatior allowance shal be as fllows for Doputy Chief of Police: First year up to two years of Continuous Service (CS") .. 11 working days Start of 8 year of OS 418 working days Statt of 10" year of CS 20 working days ‘Start of 15% year of CS 30 working days When in any calendar year, the vacation or any part thereat is not granted by reason of scheduling of police activily, such vacation periods not granted shall accrue yearly (as detalled above) end shall not exceed six (6) months (120‘working day); payable et per ciom rate upon terminairvretkementseparetton for othor than cause? 1 Deputy Chief of Poco son vacation and becomes il as to require hospitatzation forfour (4) days or more, he may have such period of liness ancl Post-haspte recuperaton period charged agains sik leave at his option upon roof submited to Chief of Police and tothe Borough Manager of hospitalization end physlelans certicta, Deputy Chief of Potice who Ison vacation may be recalled in & case of full ‘mobitzation of the Depariment by the Chiet of Polite, the Borough Manager or Mayor, to meet clear and present danger contrnting the Borough. ‘Vacation time shall be scheduled by Deputy Chet of Police, provided that vacation time scheduled in excess of five (6) working days, the Depury Chief of Police must notily Chief of Police, the Borough Manager end next Superior Officer, who would be in charge of Police Departments day-to-day operation while Deputy Chiet of Police is on vacation ‘The Deputy Chiet of Polce shal be entitles to schedule his vacation time, Provided thatthe Deputy Chie of Police shall not ake vacation leave unless ‘subordinates are avalebo to assume contro of, and responsiity for, the ‘operation of the Police Deparment. For Cause; Any employee including Deputy Chiat of Police who has been dismissed, resign or retres due to any violation of Borough Policies andlor State or Federal Law -and such separation/dismissal of serve has been upheld by Nd Department of Personnel or Court of proper jrisiation.‘Any unused and acerued vacation time trom date of hire as a Police Offer and as provided herein (not to exceed 120 working days) shall be compenseted for by the Borough as straight tine at the thon per dom rte of pay when the Deputy Chiet of Police becomes separated, ether voluntary or involuntary, or ees ‘fom employment th the Borough of Loifor ether than cause" subject plicable law. Deputy Chet of Police may, at his option, be paid upto sty (60) days of his previous year's unusad vacation days (nat to exceed 60 dys) tobe payable by ‘he Borough of Lodi by January 15* of year of application subject to applicable ARTICLE 9 - HOLIDAY TIME A “The Deputy Chiot of Police shall be entitled to thirteen (18) paid holidays per ‘calendar year; as follows below The folowing Holidays are found to be Consistent with local public and private practices and shall be observed with pay. New Year's Day Labor Dey Christmas Day Matin Luther King Day Columbus Day Washington's Bithday Veteran's Day Lnooi's Bithay Independence Day Good Friday Election Day Memorial Day “Thanksgiving Day For Cause. Any employee including Deputy Chief of Police who has baen cismissed, resigns or retires due to any violation of Borough Policies andor ‘State or Federal Law - and such separation(dismissal of service has been upheld bby NU Department of Personne! or Court of proper jurisdiction. ®Holdaye which fll on Saturday shall be observed the preceding Friday. Holidays ‘hich fll on Sunday shal be observed the follwing Monday. [Any unused and acorued Holiday pay tine shal be compensated for by the Borough as stralght me when the Deputy Chit of Police becomes separated, einer voluntanly or involuntary, oF retires trom employment with the Borough of Loc! for ether than cause eubject to apploabl lw. Deputy Chief of Police may, at his option, be paid up to five (5) days of his previous year's unused Holiday Time (not to exceed § days) to be payzble by the Borough of Lodi by January 18th of year of application subject to applicable law. ARTICLE 10 PERSONAL DAYS A “The Deputy Chief of Police may utlize tee (8) Persoral Days a year for eave tor personel uses, nousenola ortamiy matters as descnded below. ‘Abusiness means an acti that requires the presence of the Deputy Chiet of Police during tho workday and is of such porsonal nature thatt cannot be attended to at time outside ofthe workday. ‘Any unused and acoruad Personal Days shall be compensatad for by the Borough when the Deputy Chief of Police becomes separated ether voluntary ‘or involuntarily, or retires from employment withthe Borough of Led for other than cause® subject to applicable lav. For Cause. Any employee including Deputy Chie of Police who has boen dismissed, resigns or retires due to any violation of Borough Policies andor State or Federal Law - and such separalioniismissal of service has been upheld bby NU Department of Personne! or Cour of proper jurisdiction. °ABTICLE 11 - MEDICAL AND INSURANCE COVERAGE ‘A. The Deputy Ghief of Polioa, as an active employes and upon Retirement, shell bbe entiled to and shall receive the same coverage provided in Attachment #1 - ‘Medical and insurance Coverage as referenced herein and within Attachment #1 and shall be defined as Lifetime Benefits for Deputy Chief of Police and surviving ‘spouse and children provided same is not contrary to New Jersey Lav. B. The Borough shail supply the Deputy Chief of Police with necessary legal advice ‘and counsel in defense of charges filed against him in the performance of his duties in accordance withthe laws of the State of New Jersay and the United ‘Slates. The Selection of an attorney may be made by the Deputy Chief of Potce subject to the approval ofthe Borough and such approval shall not be Unreasonably winneld by ine Borough. The Borough shall smarty be responsible for indemnification and counsel in connection with all claims, Including compensatory and punitive damages, for actions fled subsequent to the expiration dato ofthis agreement C.The Borough wil provide, at its own expense without any cast to the Deputy Chief of Police, a Life insurance Paley in the face amount equal to 2x base salary of Deputy Chief of Police. ARTICLE 12 - CLOTHING ALLOWANCE ‘A. The Deputy Chief of Police and Borough agree that there shall be a clothing allowance provided to the Deputy Chief of Police in the amount of $1,000.00 payable to the Deputy Chif of Police an November 1* of the calendar year. 10‘The Borough shall replace all clothing or personal items damaged or destroyed in the ine of duty or reimburse the Deputy Chief of Polite for the cost of replacing such Items, provided reasonable replacament casts are mutually agreed to between the Borough and the Deputy Chiat of Police. It shail be let to the professional discretion of the Deputy Chiet of Police as to When he should wear the formal or informal uniform or plan clothes. ARTICLE 13- PERSONAL CAR A “The Borough agrees to supply the Deputy Chiet of Police if authorized by Chiet Cf Police and vith the concurrence ofthe Borough Manager wth an unmarked aiomobie to be used for Borough work and personal use, since the Deputy (Chief of Paice is subject to being on-oalfor any reason 24 hours a day. The ‘make and model ofthe automobile shal be determined by the Borough. However, it shal be a ful-sizad, four-door, modern model and shall be equipped with such equipment as is needed for police work. The automobile shal also be ‘one specially designed to meet the demands of normal potice work and conetitons, ‘The Deputy Chit of Police shall be permitted to use the car for his personel use. Personal use includes but isnot imited to the transportatlon of family members ‘and non-patice personnel locally and outside Borough of Loc. There shall be no limit onthe use of the automobile for pote work or anything associ with Borough work, euch as attonding mectings, tps, convantions, conferences provided they are for education, traning, or ethes and any other traveling needed to cary out the duties of the Deputy Chet of Police. "C. The Borough shall pay al expenses for the operation and upkeep of the ‘automobile, such as car Insurance, tres, gas, ol changes, brakes and any other necessary repair. 1. The automobite shail not be used by anyone other than the Deputy Chief of Police except that the Deputy Chief of Police (with concurrence of Chief of Police) may designate any borough employee or cther members af the Police Department, 2s appropriate, to use the vehicie fora designated purpose. ARTICLE 14- SALARY ‘A. Commencing January 1, 2016, the base annual salary of the Deputy Chief of Police shall be $167,001.56. B.__ Inthe event of @ renewal ofthis Agreement, the Borough shall maintain a {$7,000.00 differential iower in pay rom that of the Chief of Police ABTICLE 15 - LONGEVITY {In addition to all wages and other benefits, the Deputy Chief of Police shall be entitled to longevity payment which shell be paid atthe rate of two (298) peroent ‘of base salary for every four (4) years of service based upon the Deputy Chief of Poloe's current base salary, with @ maximum of wilve (12%) percent, NAL PROGRAMS/LAW ENFORGI NCES ‘A. The Deputy Chief of Police shall be permitted to attend and be compensated for, this regular salary, any school, seminar or retraining session conducted by the Intemational Association of Deputy Chief's andr Chief's of Police, New Jersey ‘Association of Deputy Chie''s andor Chie's of Police, any County Association of Deputy Chief's andor Chios of Police, New Jersey State Police, Federal Bureau 2of nvestigation or any other educational program of 2 management or ‘supervisory nature, All expenses, such as avel, room, food, tuition, special clothing, books or any other charges connected withthe educational program shall be borne bythe Borough provided that they re for education, traning or ‘tics related to potce activites. In no event shall he Borough be requied io ay oF eimburse the Deputy Chit of Palos for expenses of any class, course, ‘choo! or educational program unvelated to police activites, ‘The Borough agrees to grant time ff, nluaing wave! time and pay all ‘associated and reasonable expenses forthe Depuly Chief of Police to attend the annual New Jersey State Association of Deputy Chief's endlor Chief's of Police Conference and the annual intemational Association of Deputy Chit’ andlor Ciets of Poe, The expencitures forthe above named conferences shal not ‘exceed 4,000.00 unless expressly permite by the Borough. ithe Deputy Chet of Police attends a conference at Borough expense, the Deputy Chief of Pole ‘Shall provide the Borough with proot of expenses for attending such conferences, by way of completing Travel Expense Voucher (provided by Borough) end by ‘supplying pald receipt or vouchers related to expenses ‘The Borough also agrees to pay for the Deputy Chief of Poice's duos for membership inthe Bergen County PBA Local 26, The New Jersey State Association of Deputy Ghie's andlor Chef's of Pleo, The International ‘Travel Time. When outside jurisdiction of three (8) hours by automobile, Deputy Chief of Police wil fat his own clsretion) be entied to one (1) day off prior to departure and one (1) day off upon return at no charge to any leave time whatsoever, 8Association of Deputy Che's andlor Chiet's of Police and the National ‘Association of Deputy Chiet's and/or Chiet's of Police, The total amount of membership dues shall not exceed $1,200.00, unless expressly permitted bythe Borough Manager. D. Effective January 1, 2016 the Deputy Chief of Police, ithe holds a Bachelors Dagree from an accredited educational institution, shall receive an annual one (1) time $2,000.00 education Incentive payment or $1,000.00 for an Associates Degree from an accredited educational institution upon certified transcripts from ‘hat institution tothe Borough Manger. This education incentive shall nat be included as part of any base salary. ai = SEPARABILIT WI lr any provision of this Agteement, or any application ofthis Agreement, is held to ‘be invalid by operation of lew or by @ court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby ‘and shall continu In ful force and effect. ARTICLE 18 - FULLY BARGAINED PROVISION This agreement represents and incorporetes the camplete and final Understanding and settlement by the parties on all bargain able Issues which were or ould have been the subject of negotiations. During the term of this Agreement, both parties willbe required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both parties atthe time they negotiated or signed this Agreement. This‘Agreement shall cancel any and all prior agreements heretofore entered between the partos. IEEITS NOT Covi AGREEMENT {All employment conditions not covered by this Agreement shall continue to be ‘governed, controlled, and interpreted by reference to appleable New Jersey State Laws, Federal Rules and Regulations that may be applicable to Police/Fire Personnel Covered under NJS.A. 40:82-14 et, 88g fr local municipalities and Borough Charter Ordinance, Title 40A of the New Jersey Code or rules and Flegulations ofthe Police Department forthe Borough, Br WAL ‘This Agreement shill commence on January 1, 2016 and terminate on. December 31, 2017. Notwithstanding the foregoing, this Agreement wall remain in full ‘force until such time as it is re-negotiated by all parties. _y; NWITNESS WHEREOF, the partes hereto have set their hands and seas this a day of annacy » bolt, t0 be effective as of the frst day of January, 2016. ATTEST On WITNESS BOROUGH OF LoD! LL tints By Deore A Cente, Borough Cok Barsagh araDa By Daal Scere, Deputy OT oF PTS 6MEDICAL COVERAGE A (1) The Borough shal provide mecical, prescription and eye care coverage to Deputy Chief of Police atthe level of coverage provided by the State Health Benefits Program (‘SHBP* under the Direct 10 Pian. The speciic provisions of coverage are set forth in the SHBP attachments tothe Borough's contract with PBA Local 28, (2) Deputy Chief of Police shall be responsible for any and all applicable co- pays and deductibles under the SHBP, as well as any and all costs and ‘expenses not covered by the SHBP plan. @ The Borough shall pay forthe cost ofthe premiums for Deputy Chief of Police that enfolin the Direct 10 Plan provided however the Deputy Chit of Police shail be responsible to pay a share ofthe cost of premiums in ‘accordance with New Jersey State Law es amended from time to time, In ‘addition, Deputy Chief of Police opting for any other available coverage shall be responsible for any additional cost in premiums, In the event of retirement, he Deputy Chief of Patioe shall be offered to continue Inte same medical pian, metuding family plan if applicable, in which ne ppanticipated on his last day of employment if such plan is stil avaiiable under the ‘SHBP. In the event tha plan is no longer avallable through SHBP, the Deputy Chief of Police shell be offered the same medical coverage being provided to PBA Local 26 (Lodi Unt) which may change from time to time, This extended ‘coverage shall apply until equivalent coverage Is available to the Deputy Chief of Police through otner employment or until the retired Deputy Chief of Police shall qualify for Mecicare coverage. In such liter case, the coverage to be provided shall be as set forth hereetter. in the case of a retired Deputy Chief of Police \who shall be-enfiled to Medicare coverage, such Medicare coverage, per Federal regulations, shall be primary and the coverage to be provided by the Borough shal be in conjunction with such Medicare coverage so that the total medical coverage benefits, including Medicare and the coverage provided for herein, which the retired Deputy Chief of Police would have had had heishe not satred would not be diminished. For purposes of this Section, a retired Deputy Chief of Patice shall be one who qualifies for a service retirement or an accidental cisabiity etrement under the Police and Fireman's Retirement ‘Systom in effect as of July 1, 2000. A Deputy Chief of Police who qualifies for ‘such a aisabilty retirement who is restored to duly or is otherwise disqualified ‘rom continuing pension benefits pursuant to the Police and Fireman's Retirement System, shall no longer be entitled to the coverage supplied by the Borough pursuant to this Section, Provided hawever notwithstanding any provision inthis paragraph to the contrary, the Deputy Chief of Police shall ‘contribute toward the premiums for sald insurance coverage in accordance with 16New Jersey Law as emended from time to ime, The provisions of this paragraysh shall be subject to Stato and Federal Law. ‘The Borough will maintain the current prescription drug program (State Health Benefits Direct 10 Plan) forthe Deputy Chief of Police covered by this Agreement subject to any requirements of Stato Law. ‘Tha Borough wil maintain whatever level of dental coverage is currently in effect, {8 of the date of execution of this Agreement subject to any requirements of State Lav, ‘The Borough wil prove, atts expense, the Infuenza inoculations to be given to the Deputy Chief of Police subject to any requirements of State Law ‘The Borough shall provide for Hopatis B inoculations for Deputy Chief of Police during the term ofthis Agreement subject to any requirements of State Law,