WS i ESOLUTION NUMBER # (7-47 mn CM DOHARA peur una ca NORA BOROUGH OF LOD! Bergen County, Now Jersey WHEREAS, thé Borough of Lodi (hereinafter referred to as the “Borough') desires to enter into an Agreement with Deputy Police Chief Donald Scorzetti of the Lodi Police Department (hereinatter referred to as “Deputy Chief") for the period of January 1, 2017 through Decernber 31, 2019 (hereinafter referred to as the“Agreement"); and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Couincil of the Borough of Lodi that the Borough of Lodi enter into an Agreement with Dapuly Police Chief Donald Scorzotti of the Lodi Police Department for the period of January 1, 2017 through December 31, 2019 in the fotm of Agreement annexed hereto; BE IT FURTHER RESOLVED that the Mayor Emil Carafa, Jr. shall be and is hereby authorized to execute sald Agreement on behalf of the Borough; and BE IT FURTHER RESOLVED that Resolution No. 17-22 adopted January 17, 2017 is hereby rescinded in favor of the within, Resolution, Adopted this AP bey of February , 2017. ATTEST ‘Mayor Carole D'Amico Municipal ClericAGREEMENT BETWEEN THE BOROUGH OF LODI AND DEPUTY POLICE CHIEF DONALD SCORZETTI DEPUTY CHIEF OF POLICE LODI POLICE DEPARTMENT EFFECTIVE DATES JANUARY 1, 2017 THROUGH DECEMBER 31, 2019 1ARTICLE 4 - RECOGNITION THIS AGREEMENT entéred into as of the 1% day of January, 2017, by and between the Borough of Lodi, in the County of Bergen, New Jersey (hereinafter referred to as the "Borough*) and Deputy Chief Donald Scorzetti (hereinafter referred to as the “Depuly Chief of Police"), hereby establishes the following terms and conditions ot employment for the position of Deputy Chief of Police, This Agreement represents the complete and final understanding on all bargaining issues botween the Borough and the Deputy Chief of Police, ARTICLE 2 - MANAGEMENT RIGHTS ‘The Borough hereby retains and reserves unto itseff all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by Laws and Constitution of the State of New Jersey and of the United States, except those limited by the specific and express terms of this agreement, and then only to the extent that such specific arid express terms hereof are in conformance with the Constitution and the laws of New Jersey and tho United States, ARTICLE 3 :ESPONSIBILITIES OF THE DEPUTY CHIEF OF POLICE Under the direction of Chief of Police and in connection with State Law, the Ordinances of the Borough of Lodi, Regulations and Policies established by the Lodi Police Department, the responsibilities as directed/authorized by the Chief of Police (not limited to) shall be as follows: A. Conduct and manage the day-to-day operations of the Lodi Police Department;Administer and enforce rules, regulations and special emergency directives its officers and tegarding the disposition and discipline of the police forc personnel; Have, exercise and discharge the functions powers arid duties of thie police forse; Delegate such of his authoiity as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; Prescribe the duties and assignments of all subordinates and other personnel; and Report at least monthly to the Borough as to the operations of the police force during the preceding month, ARTICLE 4 - WORK WEEK ‘The Deputy Chief of Police shall spend sufficient 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 Sick leave is hereby defined to mean an absence from the post of duty by the Deputy Chief of Police, while in good standing, due to illness, accidental injury, disability and exposure to contagious disease or the necessity to attend to and care for a soriously ill or injured member of his immediate member of his immediate family or household member. In the event the Deputy Chief of Police is absent from work on sick leave due to any of the above stated 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. If the Deputy Chief of Police is absent from work on sick leave and is unable to teport for work for seven (7) or more consecutive working days, the Borough may require the Deputy Chief of Police to submit acceptable medical evidence ‘substantiating the need for sick leave, If the Deputy Chief of Police is absent from work for reasons that entitle him to sick leave (beyond seven (7) days), Deputy Chief of Police shall notify the Chief of Police and next in command and Borough Manager as early as possible, but no later than eight (8) hours prior to the start of the scheduled work shift from which he is absent, except in the case of an emergency. ‘The term immediate family for the purpose of this article shall include the following: 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 fiffeen (15) working days in every calendar year of employment which shall accumulate from yeat-to-year, Deputy Chief of Police shall be paid for accrued sick leave upon retirement, separation, termination except for cause’ at then per diem rate subject to applicable law. For Cause. Any employee including Deputy Chief who has been dismissed, resigns of retires due to any violation of Borough Policies and/or State or Federal Law - and such separation/dismissal of service has been upheld by NJ Depariment of Personnel or Court of proper jurisdiction. 4In addition and in accordance with the provisions of law governing sick leave for ‘police personnel contained in N.J.S.A. 40A;14-137, every officer may upon approval of governing body by Ordinance or by Resolution be grantéd up to one (1) year sick leave, not related to accumutated sick 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 preceding year at the preceding year's rate, payable no later than January 15th of the year of application subject to applicable law. ARTICLE 6 - INJURY LEAVE A. tn the event the Deputy Chief of Police becomes disabled by reason of work ‘related injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided for in this Agreement, the Deputy Chief of Police shall be entitled to full pay for a period-of one (1) year. if the Deputy Chief of Police exercises this right, he shall surrender to and deliver any workman's compensation salary payments to the Borough of Lodi in order to tecoive his entire salary payment, When injured on duty (10D), whether slight or severe, the Deputy Chief of Police must make an immediate report, if practicable, prior to the end of the day. Failure to report any injury may result in the failure of the Deputy Chief of Police to receive compensation under this article, ‘The Deputy Chief of Police will be required to present evidence, by way of a cortificate or report of a physician designated by the Borough, that he is unable towork, and the Borough may reasonably require the Deputy Chief of Police to present such cettificates or reports from time-to-time. ARTICLE 7 - FUNERAL LEAVE In the event of a death in the Deputy Chief of Police's immediate family (herein defined as either a spouse, parent, stepparent, grandparent, sibling, child, stepchild, foster child, grandchild, parent-in-law, brottier-intaw, sister-in-law, daughter-in-law or son-in-law) or any relative(s) residing in the Deputy Chief of Police's home, Deputy Chief of Police shall be granted time off, without loss of pay, commencing no later than the day of the funeral, but in no event to exceed four (4) consecutive calendar days, ARTICLE 8 -VACATIOI A. The Deputy Chief of Police shail be entitled to all the provisions governing vacation allowance as follows: ‘The vacation allowance shall be as follows for Deputy Chief of Police: First year up to two years of Continuous Service ("CS") .. 11 working days Start of 5" year of CS ....... . 16 working days Start of 10" year of CS . 20 working days Start of 15" year of CS ... .. 80 working days When in any calendar year, the vacation or any part thereof is not granted by reason of scheduling of potice activity, such vacation periods not granted shall accrue yearly (as detailed above) and shall not exceed six (6) months (120working days); payable at per diem rate upon termination/rotirement/separation for other than cause* 'f Deputy Chief of Police is on vacation and becomes ill as to require hospitalization for four (4) days of more, he may have such period of illness and post-hospital recuperation period charged against sick leave at his option upon proof submitted to Chief of Police and to the Borough Manager of hospitalization ‘and physician's certificate. Deputy Chief of Police who is on vacation may be recalled in a case of full mobilization of the Department by the’ Chief of Police, the Borough Manager or Mayor, to moet a clear and present danger confronting the Borough. Vacation time shall be scheduled by Deputy Chief of Police, provided that vacation time scheduled in excess of five (5) working days, the Deputy Chief of Police must notify Chief of Police, the Borough Manager and next Superior Officer, who would be in charge of Police Department's day-to-day operation while Deputy Chief of Police is on vacation. ‘The Deputy. Chief of Police shall be entitled to schedule his vacation time, provided that the Deputy Chief of Police shall not take vacation leave unless subordinates are available to assume control of, and responsibility for, the operation of the Police Deparment. For Cause: Any omployee including Deputy Chief of Police who has been dismissed, resign-or retires due to any violation of Borough Policies and/or Slate or Federal Law and such separation/dismissal of service has been upheld by NJ Department of Personnel or Court of proper jurisdiction. 7Any unused and accrued vacation timie from date of hire as.a Poliog Officer and aS provided herein (not to exceed 120 working days) shall be compensated for by the Borough as straight time at the then per diem rate of pay when the Deputy Chief of Police becomes separated, either voluntarily or involuntarily, or retires from employment with the Borough of Lodi for other than cause* subject to applicable law. Deputy Chief of Police may, at his option, be paid up to sixty (60) days of his previous year's unused vacation days (not to exceed 60 days) to be payable by the Borough of Lodi by January 15" of year of application subject to-applicable law, ARTICLE 9 - HOLIDAY TIME A. The Deputy Chief of Police shall be entitled to thirteen (18) paid holidays per calendar year; as follows below: The following Holidays are found to be consistent with local public and private practices and shall be observed with pay. New Year's Day Labor Day Chiistnias Day Martin Luther King Day Columbus Day Washington's Birthday Veteran's Day Lincoln's Birthday Independence Day Good Friday Election Day Memorial Day Thanksgiving Day For Cause, Any employee including Deputy Chief of Police who has been dismissed, resigns or retires due to any violation of Borough Policies and/or State or Federal Law - and such separation/dismissal of service has been upheld by NJ Department of Personnel ar Court of proper jurisdiction 8Holidays which fall on Saturday stiall be observed the preceding Friday. Holidays which fall on Sunday shall be observed the following Monday. Any unused and accrued Holiday pay time shall be compensated for by the Borough as straight time when the Deputy Chief of Police becomes separated, either voluntarily or involuntarily, or retires from employment with the Borough of Lodi for other than cause® subject to applicable law. Deputy Chief of Potice may, at his option, be paid up to five (6) days of his Previous year's unused Hollday Time (not to exceed 5 days) to be payable by the Borough of Lodi by January 18th of year of application subject to applicable law, ARTICLE 10 - PERSONAL DAYS A. eee ‘The Deputy Chief of Police may utilize three (8) Personal Days a yeat for leave for personal, business, household or family matters as described below. A business means an activity that requires the presence of the Deputy Chief of Police during the workday and Is of such personal nature that it cannot be attended to at a time outside of the workday. Any unused and acerued Personal Days shall be componsated for by the Borough when the Deputy Chief of Police becomes separated, either voluntarily or involuntarily, oF retires trom employment with the Borough of Lodi; for other than cause® subject to applicable law. For Cause. Any omployee including Deputy Chief of Police who has been dismissed, resigns or retiros due to any violation of Borough Policies and/or State or Federal Law - and such scparation/dismissal of service has been uphold by NJ Department of Personnel or Court of proper jurisdiction 9ARTICLE 11 - MEDICAL AND INSURANCE COVERAGE A. The Deputy Chief of Police, as an active employee and upon Retirement, shall be entitled 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 Law. B, The Borough shall supply the Deputy Chief of Police with necessary legal advice and counsel in defense of charges tiled against him in the performance of his duties in accordance with the laws of the State of New Jersey and the United Statas. The selection of an attorney may be made by the Deputy Chief of Police subject to the approval of the Borough and such approval shall not be unreasonably withheld by the Borough. The Borough shall simitarly be responsible for indemnification and counsel in connection with all claims, including compensatory and punitive-damages, for actions fled subsequent to ‘the expiration date of this agreement. C. The Borough will provide, at its own expense without any cost to the Deputy Chief of Police, a Life Insurance Policy 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 Chief of Police on November 1* of the calendar year.The Borough shaill roplaco all clothing or personal items damaged or destroyed in the line of duty or reimburse the Deputy Chief of Police for the cost of replacing such items, provided reasonable replacement costs are mutually agreed to between the Borough and the Deputy Chief of Police. It shall be left to the professional discretion of the Deputy Chief of Police as to wheh he should wear the formal or informal uniform or plain clothes. ARTICLE.13 - PERSONAL CAR A. ‘The Borough agrees to supply the Deputy Chief of Police if authorized by Chief of Police and with the concurrence of the Borough Manager with an unmarked automobile to be used for Borough work and personal use, since the Deputy Chief of Police is subject to being on-call for any reason 24 hours a day. The make and model of the automobile shall be determined by the Borough. However, it shall be a full-sized, four-door, modem model and shall be equipped with such equipment as is needed for police work. The automobile shall also be one specifically designed to meet the demands of normal police work and conditions, The Depuly Chief of Police, shall be permitted to use the car for his personal use. Personal use Includes but is not limited to the transportation of family members and non-police personnel locally and outside Borough of Lodi. There shall be no fimit on the use of the automobile for police work or anything associated with Borough work, such as attending meetings, ttips, conventions, conferences provided they are for education, training, or ethics and any other traveling noeded to carry out the duties of the Deputy Chief of Police 11o ‘The Borough shail pay all.expenses for the operation and upkeep of the automobile, such as car insurance, tires, gas, ail changes, brakes and any other necessary repairs, ‘The automobile shall 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 borouigh employee or other mombers of the Police Department, as appropriate, to use the vehicle for a designated purpose. ARTICLE 14 - SALARY A. Commencing January 1, 2017, the base annual salary of the Deputy Chief of Police shall be $170,873.89. Commencing January 1, 2018, the base annual salary of the Deputy Chief of Police shall be $174,124.85 Commencing January 1, 2019, tho base annual salary of the Deputy Chief of Police shall be $177,747.34, In the event of a renewal of this Agreement, the Borough shat! maintain a $7,000.00 differential lower in pay from that of the Chief of Police. ARTICLE 15 - LONGEVITY In addition to all wages and other benefits, the Deputy Chief of Police shall be entitled to longevity payment which shall be paid at the rate of two (2%) percent of base salary for every four (4) years of service based upon the Deputy Chief of Police's current base salary, with a maximum of twelve (12%) percent 12ARTICLE 16 - EDUCATIONAL PROGRAMS/LAW ENFORCEMENT CONFERENC A. The Deputy Chief of Police shall be’ permitted to attend and be compensated for, at his regular salary, any school, serhinar or retraining Session conducted by the Intemational Association of Deputy Chief's and/or Chief's of Police, New Jersey Association of Deputy Chief's and/or Chief's of Police, any County Association of Deputy Chief's and/or Chief's of Police, New Jersey State Police, Federal Bureau of Investigation of any other educational program of a management or supervisory naturo, All expenses, such as travel, room, food, tuition, special clothing, books or any other charges connected with the educational program shall be borne by the Borough provided that they are for education, training or ethics related to police activities, In no event shall the Borough be required to pay or reimburse the Deputy Chief of Police for expenses of any class, course, school or educational program unrelated to police activities. B. The Borough agroos to grant time off, including travel time and pay all associated and reasonable expenses for the Deputy Chief of Police to attend the annual New Jersey State Association of Deputy Chief's and/or Chief's of Police Conference and the annual Intemational Association of Deputy Chief's and/or Chief's of Polico. The expenditures for the above named conferences shall not exceed $4,000.00 unless expressly permitted by the Borough, Ifthe Deputy Chief of Police attends a conference at Borough expense, the Deputy Chief of Police Travol Time. When outside jurisdiction of three (3) hours by automobile, Deputy Chief of Police will (at his own discretion) be entitied to one (1) day off prior to departure and one (1) day off upon return at no charge to any leave time whatsoever, 13shall provide the Borough with proof of expenses for attending such conferen by way of completing Travel Experise Voucher (provided by Borough) and by ‘supplying paid receipts or vouchers related to expenses. The Borough aiso agrees to pay for the Deputy Chief of Police's dues for membership in the Bergen County PBA Local 26, The New Jorsey State Association of Deputy Chiet's and/or Chief's of Police, The Intemational ‘Assogiation of Deputy Chief's and/or Chief's of Police and the National Association of Deputy Chief's and/or Chief's of Police. The total amount of Membership dues shall not exceed $1,200.00, unless exprossly permitted by the Borough Manager. Effective January 1, 2016 the Deputy Chief of Police, if he holds a Bachelors Degree 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 that institution to the Borough Manager. This education incentive shall not be included as part of any base salary, ARTICLE 17 - SEPARABILITY AND SAVINGS If any provision of this Agreement, or any application of this Agreement, is held to be Invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect, “4ARTICLE 48 - FULLY BARGAINED PROVISION This agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargain able issues which were or could have been the subject of negotiations. During the term of this Agreement, both parties 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 elther or both parties at the time they negotiated or signed this Agreement. This Agreement shall cancel any and all prior agreements heretofore. entered between the parties. ARTICLE 19 - CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT All employment conditions not covered by this Agreement shall continue to be governed, controlled, and interpreted by reference to applicable New Jersey State Laws, Federal Rules and Regulations that may be applicable to Police/Fire Personnel covered undor N.J.S.A, 40:82-14 et. seq, for local municipalities and Borough Charter Ordinance, Title 40A of the New Jersey Code or rules and Regulations of the Police Department for the Borough. ARTICLE 20 - TERM AND RENEWAL ‘This Agreement shall commence on January 1, 2017 and terminate on December 31, 2019. Notwithstanding the foregoing, this Agreement will remain in ful force until such time as it is e-negotiated by all parties,am WITNESS'WHEREOF, the parties hereto have set their hands and seals this Le, ae ot February _, 017,10 be effective as ofthe first day of January, 2017. ATTEST OR WITNESS "e. OF D J Cartel bMmeze Carole D'Amico, Borough Clerk ch ri Carafa, ‘edb : SS OY, ee Donald Scoketti, De Chief of PoliceAttachment One MEDICAL COVERAGE (1) The Borough shall provide medical, prescription and eye care coverage to Deputy Chief of Police at the level of coverage provided by the State Health Benefits Program (‘SHBP") undor the Direct 10 Plan. The spooiflc provisions of coverage are set forth in the SHEP attachments to the Borough's contract with PBA Local 26, @) 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 expensos not covered by the SHEP plan. (8) The Borough shail pay for the cost of the premiums for Deputy Chiof of Police that enroll in thie Diroct 10 Plan provided however the Deputy Chiot of Police shall be responsible fo pay a share of the cost of premiums in accordance with New Jersey State Law as 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, the Deputy Chief of Police shall be offered to continue in the same medical plan, including family plan if applicable, in which he participated on his last day of employment if such plan is still available under the SHBP. In the event the pian is no longer available through SHBP, the Deputy Chief of Police shall be offered the same medical coverage being provided to PBA Local 26 (Lodi Unit) which may change from time io time. ‘This extended Coverage shall apply until equivalent coverage is available to the Deputy Chief of Police through other employment or until the retired Deputy Chief of Polico shall qualify for Medicare coverage. In such latter case, the coverage to be provided shall be as.sot forth hereafter. In the case of a retired Deputy Chief of Police who shall be entitled to Medicare coverage, such Medicare coverage, per Federal regulations, shall be primary and the coverage to be provided by the Borough shall be in conjunction with such Medicare coverage s0 that the total medical coverage benefits, including Medicare and the coverage provided for herein, which the retired Doputy Chief of Police would have had had he/she not retired would not be diminished. For purposes of this Section, a retired Deputy Chief of Police shall be.one who qualifies for a service retirement or an accidenial disability retirement under the Police and Fireman's Retirement System in effect as of July 1, 2000, A Deputy Chief of Police who qualifies for such a disability retirement who is restored to duty or is otherwise disqualified from 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 however notwithstanding any Provision in this paragraph to the contrary, the Deputy Chief of Police shall Contribute toward the premiums for said insurance coverage in accordance with 7New Jersey Law as amended from time to tiftie, The provisions of this paragraph shall be subject to State and Federal Law. The Borough will maintain the current prescription drug program (Slate Health Benefits Direct 10 Plan) for the Deputy Chiof of Police covered by this Agreement subject to any requirements of Stale Law. The Borough will maintain whatever level of dental coverage is currently in effact as of the date of execution of this Agreement subject to any requirements of State Law, The Borough will provide, at its expense, the influenza inoculations to be given to the Deputty Chief of Police subject to any requirements of State Law. The Borough shall provide for Hepatitis B inoculations for Deputy Chief of Police duting the term of this Agreement subject to any requirements of State Law, 18