Any grievance or dispute which may arise under
the provisions of this chapter shall be settled in the following manner:
A.
The employee shall take up grievance or dispute with
the union representative and immediate supervisor no later than 24
working hours after the occurrence of such grievance or dispute, excluding
weekends or holidays, and will have 24 working hours to settle.
B.
The union will then have 48 working hours, excluding
weekends or holidays, to grieve immediate the supervisor's decision
(in writing) to the department head. The department head will then
resolve the grievance within 48 working hours.
C.
The union may then, within 48 working hours, excluding
weekends, or holidays, from the department head's determination, further
grieve to the Mayor or his/her representative, who will have 30 days
to resolve the grievance.
In the event that grievance is still unsettled,
the union may, within 10 days after discussion with the Mayor or his
representative, apply to the Civil Service Commission or Public Employment
Relations Commission, pursuant to rules and regulations established
by PERC under provisions of Chapter 303, Laws of 1968.[1]
[1]
Editor's Note: See N.J.S.A. 34:13A-1 et seq.
In the event of arbitration, grievance or disciplinary
proceedings, employees shall be allowed time off, with pay, for the
purpose of attending such proceedings as witnesses, and be it further
recognized that the cost of witnesses, etc. shall be borne by the
party requesting same.
In the event that disciplinary action is taken
against any person covered under the provisions of this chapter, the
following procedure shall apply:
A.
The director of the department involved shall serve upon the employee a proper civil service notice which specifies the nature of the charges and the action taken, a copy of said notice to be filed with the Township Administrator. In the event that no hearing is required by law, the employee shall be free to proceed with §§ 58-62C and 58-63A of this article of the chapter.
B.
In the event that a hearing is required by law, the
initial notice shall specify the time, date and place of the hearing,
which shall be held before the Administrator of the Township of Burlington.
Said hearing shall be held within the time requirements established
by law for the holding of hearings for the employee subject to the
hearing. At the hearing before the Township Administrator, the department
head shall present the basis for the charges set forth within the
notice filed. Subsequent to the presenting of said facts, the employee
shall have the right to cross-examine witnesses, present witnesses
or other evidence, and to testify in his own behalf. The employee
shall, in addition, have the right to be represented at all proceedings
by counsel.
C.
Within 30 days from the date of the hearing before
the Township Administrator, the Township Administrator shall render
his findings of facts and conclusions of law which shall rule on the
appropriateness of disciplinary action in the matter pending. A copy
of said findings of fact and conclusions of law shall be filed with
the Mayor of the Township of Burlington, the employee and the Township
department director affected.
D.
At all proceedings wherein disciplinary action is
pending, the union shall have the right to represent the interest
of the employee and to actively participate in his defense.
The Mayor of the Township of Burlington within
seven days from receipt of the findings of fact and conclusions of
law shall affirm, modify or reverse the determinations made by the
Township Administrator, which action by the Mayor shall be deemed
final for purposes of review. In the event that no action is taken
by the Mayor within seven days after receipt of the findings of fact
and conclusions of law, the determination of the Township Administrator
shall be deemed adopted by the Mayor and a final decision in the matter,
subject to appeal in accordance with the provisions of law.
Nothing herein contained shall be deemed to
abrogate any differing requirements of state law.
Nothing to the contrary contained above surviving
within the Police Department of the Township of Burlington, the following
disciplinary and grievance procedures shall apply.
A.
Any grievance or dispute which may arise between the
parties, including the application, meaning or interpretation of the
police collective bargaining agreement, shall be settled in the following
manner:
(1)
The police officer shall take up the grievance or
dispute with the Police Association representative and immediate supervisor
no later than 48 consecutive hours after the occurrence of such grievance
or dispute, excluding weekends or holidays, and will have 48 consecutive
hours to settle same.
(2)
The police officer will then have 48 consecutive hours,
excluding weekends or holidays, to grieve his immediate supervisor's
decision (in writing) to the Director of Public Safety. The Director
of Public Safety will then resolve the grievance within 48 consecutive
hours.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
(3)
The police officer will then have 48 consecutive hours,
excluding weekends or holidays, to appeal the Director of Public Safety's
decision in writing to the Township Administrator. The Administrator
will render a decision within seven days from the date of the Administrator's
hearing with the police officer.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
(4)
The police officer may then, within 48 consecutive
hours, excluding weekends or holidays, from the Administrator's determination,
further grieve to the Mayor or his representative, who will have 30
days to resolve the grievance.
(5)
In the event that the grievance is still unsettled,
the police officer may, within 10 days after discussion with the Mayor
or his representative, apply to the Civil Service Commission or Public
Employment Relations Commission, pursuant to rules and regulations
established by PERC under provisions of Chapter 303, Laws of 1968.
(6)
In the event of arbitration proceedings, the Police
Association representative shall be allowed time off, with pay, for
the purpose of attending such proceedings, and be it further recognized
that the cost of witnesses, etc. shall be borne by the requesting party.
(7)
In the event that disciplinary action is taken against
any person covered under the provisions of this contract, the following
procedures shall apply:
(a)
The Director of Public Safety involved shall serve upon the police officer a proper civil service notice which specifies the nature of the charges, the party bringing the charges and the initial action taken; a copy of said notice is to be filed with the Township Administrator. In the event that no hearing is required by law, the employee shall be free to proceed with Subsection A(3) through (6) of this section of the chapter.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
(b)
In the event that a hearing is required by law, the initial notice shall specify the time, date and place of the hearing, which shall be held before the Director of Public Safety for the Township of Burlington, provided that, in the event that the Director of Public Safety is the party bringing the charges, he shall not act as the hearing officer but the matter shall be heard internally in accordance with this section by the Administrator. The appeal from his opinion would go directly to the Mayor in accordance with Subsection A(7)(f). Said hearing shall be held within the time requirements established by N.J.S.A. 40A:14-147 for the holding of hearings for the police officer subject to the hearing. At the hearing before the Director or, in the event of disqualification, before the Administrator, the party bringing the charges shall present the basis for the charges set forth within the notice filed. Subsequent to presenting said facts, the police officer shall have the right to cross-examine witnesses, present witnesses or other evidence, and to testify in his own behalf. The police officer shall, in addition, have the right to be represented at all proceedings by counsel. At the option of the police officer who is a defendant in a disciplinary proceeding, the initial hearing before the Director of Public Safety may be waived with the right of appeal preserved. As a result of said waiver, the Director of Public Safety shall render a determination based on pleadings and reports submitted to him and determine an appropriate penalty. Under the waiver procedure, no witnesses or oral testimony would be heard by the Director of Public Safety. On appeal, the procedure set forth under Subsection A(7)(e) shall be utilized.
(c)
Within 30 days from the date of the hearing
or hearings before the hearing officer, the hearing officer shall
render his findings of facts and conclusions of law, which shall rule
on the appropriateness of disciplinary action in the matter pending.
Copy of said findings of facts and conclusions of law shall be filed
with the Mayor of the Township of Burlington, the police officer and
the Township Administrator.
(d)
The party bringing the charges or the employee
shall have the right, within 10 days from receipt of the determination
by the hearing officer, to appeal to the Township Administrator the
action called for within the findings of facts and conclusions of
law. In the event that said determination is not appealed within that
time period, the findings of fact and conclusions of law shall be
deemed a final order not subject to further appeal.
(e)
In the event that an appeal is filed, the party
so appealing shall file with the Township Administrator and the Director
of Public Safety a written statement indicating that an appeal is
desired. Within 30 days from the date that said appeal is filed, a
hearing shall be held before the Township Administrator, who shall
cause a notice of the hearing to be served upon the Director of Public
Safety, the party bringing the charges, the police officer and the
Mayor. Said notice shall specify the time, date and place of the hearing.
At the hearing before the Township Administrator, the Director of
Public Safety shall present the basis for the charges set forth within
the notice filed. The Township Administrator shall be represented
by the office of the Township Solicitor. Subsequent to the presenting
of said facts, the police officer shall have the right to cross-examine
witnesses, present witnesses or other evidence, and to testify in
his own behalf. The police officer, in addition, shall have the right
to be represented at all proceedings by counsel.
(f)
Within 30 days from the date of the hearing
before the Township Administrator, the Township Administrator shall
render his findings of facts and conclusion of law, which shall rule
on the appropriateness of disciplinary action in the matter pending.
A copy of said findings of fact and conclusions of law shall be filed
with the Mayor of the Township of Burlington, the police officer and
the Township Department Director affected. The Mayor of the Township
of Burlington, within seven days from receipt of the findings of fact
and conclusions of law, shall affirm, modify or reverse the determinations
made by the Township Administrator, which action by the Mayor shall
be deemed final for purposes of review. In the event that no action
is taken by the Mayor within seven days after receipt of the findings
of fact and conclusions of law, the determination of the Township
Administrator shall be deemed adopted by the Mayor and a final decision
in the matter, subject to appeal in accordance with the provisions
of law.
(g)
At all proceedings where disciplinary action
is pending, the Police Association shall have the right to represent
the interest of the police officer and to actively participate in
his defense, together with the right of discovery, upon request, in
accordance with R.R. 3:13-3. In accordance with N.J.S.A. 40A:14-155,
should a disciplinary action be dismissed or finally determined in
favor of the police officer, said police officer shall be reimbursed
for the reasonable expense of his defense where prior to their being
incurred the Township Administrator has approved the rates employed.
