[HISTORY: Adopted by the Municipal Council
of the City of Clifton 4-22-1998 by Ord. No. 5960-98.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Constables — See Ch. 19.
Defense and indemnification — See Ch. 31.
Personnel policies — See Ch. 73.
Residency requirements — See Ch. 95.
[1]
Editor's Note: This ordinance also superseded former Ch. 77, Police Department, which consisted of Art. I, General Provisions, adopted 12-20-1960 by Ord. No. 3319 as Ch. 25 of the Revised Ordinances of the City of Clifton, New Jersey, 1960, as amended; and Art. II, Salaries and Benefits, adopted 12-20-1988 by Ord. No. 5319-88, as amended.
The Police Department as heretofore established
is hereby continued.
[Amended 6-16-1998 by Ord. No. 5973-98; 7-17-2001 by Ord. No. 6215-01; 12-17-2002 by Ord. No.
6322-02; 10-21-2003 by Ord. No. 6372-03; 6-6-2005 by Ord. No. 6488-05; 3-3-2009 by Ord. No. 6803-09; 5-5-2009 by Ord. No.
6813-09; 1-19-2010 by Ord. No. 6859-10; 3-2-2010 by Ord. No.
6868-10; 1-4-2011 by Ord. No. 6919-11; 11-7-2012 by Ord. No.
7059-12; 5-20-2014 by Ord. No. 7159-14; 7-7-2015 by Ord. No. 7221-15; 5-15-2018 by Ord. No. 7453-18]
The Police Department of the City of Clifton shall consist of
the following officers and men whose offices and positions are hereby
continued and created (except as herein provided):
Position
|
Number
|
---|---|
Chief
|
1
|
Captain
|
3
|
Lieutenant
|
10
|
Sergeant
|
17
|
Police officer
|
133
|
Total
|
164
|
The City Manager shall appoint the Chief of
Police, who shall be the commanding officer of the police force of
the City under the supervision and direction of the City Manager.
[Amended 2-16-2016 by Ord. No. 7279-16]
The Chief of Police shall be the head of the police force and
he shall be directly responsible to the Appropriate Authority for
the efficiency and routine day-to-day operations thereof, and he shall,
pursuant to policies established by the Appropriate Authority:
A.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
B.
Have, exercise, and discharge the functions, powers and duties of
the force;
C.
Prescribe the duties and assignments of all subordinates and other
personnel;
D.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
E.
Report at least monthly to the Appropriate Authority in such form
as shall be prescribed by such Authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such Authority;
F.
Shall work a minimum of 40 hours per week and, further, depending
upon the existing circumstances, conditions and emergencies, such
additional hours as may be necessary or required to effectively and
fully carry out and perform his duties, responsibilities and functions;
G.
Be available at all times for duty, except when excused by the City
Manager; and
H.
Perform such other duties as may from time to time be established
by policy promulgations and directives of the City Manager.
A.
The City Manager shall, in the manner provided by
law, appoint such officers, assistants, subordinates and employees
of the Police Department as may be provided for.
B.
No person shall be appointed a member of the Police
Department unless he possesses the requisite qualifications prescribed
by the applicable statutes of New Jersey. No officer shall be removed
from office except for the reasons established and in accordance with
the procedure laid down in applicable state laws.
No person shall hereafter be given or accept
a permanent appointment as a police officer in the City of Clifton
unless such person has successfully completed a police training course
at a school approved and authorized by the Police Training Commission
in the Department of Law and Public Safety of the State of New Jersey
pursuant to the provisions of Chapter 56 of the Laws of 1961, as amended
by Chapter 8 of the Laws of 1965, of the State of New Jersey and known
as N.J.S.A. 52:17B-66 et seq.
Nothing herein shall prohibit the giving or
accepting of a probationary or temporary appointment as a police officer
for a period not to exceed one year, to enable a person seeking a
permanent appointment to complete a police training course as prescribed
by the Police Training Commission.
No person shall be permitted to take a police
training course unless he holds a probationary or temporary appointment
as a police officer in the City of Clifton, and such appointee shall
be entitled to a leave of absence with pay during the period of the
police training course.
It shall be the duty of every member of the
police force to observe and enforce all laws, ordinances and rules
and regulations pertaining to his duty as a police officer. He shall,
under the general overall supervision of the City Manager and the
direct supervision of the Chief of Police, be authorized and empowered,
and it shall be his duty, to do and perform all acts and things required
by general law and ordinances of the City, the rules and regulations
of the Police Department or prescribed by the Chief of Police consistent
therewith, to be performed by policemen. He shall perform such other
duties as may from time to time be required of him by virtue of and
under policies established by the City Manager and prescribed by the
Chief of Police.
The provisions of Chapter 341 of the Laws of 1948 (N.J.S.A. 40:11-13.2 et seq.)[1] are hereby adopted. In accordance therewith, the hours
of employment of the uniformed members of the Police Department shall
not exceed eight consecutive hours in any one day, nor 40 hours in
any one week, provided that, in cases of emergency, the officer, board
or other officials having charge or control of the Police Department
shall have full authority to summon to and keep on duty any and all
such members during the period of emergency.
[Amended 2-16-2016 by Ord. No. 7279-16]
A.
The City Manager is designated the Appropriate Authority, consistent
with N.J.S.A. 40A:14-118.
B.
The City Manager is hereby authorized and directed to adopt and promulgate
rules and regulations for the government of the police force and for
the discipline of its members, consistent with the provisions of N.J.S.A.
40A:14-118.
One copy of the revised rules and regulations
of the Police Department of the City shall be placed on file in the
office of the City Clerk and be made available for public examination.
One copy of the revised rules and regulations
shall be furnished to each member of the Police Department and such
other person or persons or departments as may be appropriate in the
opinion of the Chief of Police.
The following terms shall have the meanings
indicated:
- SPECIAL LAW ENFORCEMENT OFFICER
- Includes:
- A. A special law enforcement officer having the rights, powers and duties prescribed by N.J.S.A. 40A:14-146.8 et seq.
- B. A Class I officer, who shall be authorized to perform routine traffic duties, spectator control and similar duties, and shall have the power to issue summonses for disorderly persons and petty disorderly persons and offenses and violations of Title 39 of the Revised Statutes of New Jersey. Class I officers shall not have the police powers of arrest. The use of firearms by an officer of this class is strictly prohibited, and no officer of this class shall be assigned to any duties which may require the carrying or use of firearms; however, Class I special law enforcement officers shall be empowered to carry nightsticks and handcuffs while in the actual performance of their duties for self-protection and to facilitate the performance of their duties. There will be no new appointments of officers as Class I specials within the City of Clifton, but this will not affect the reappointment of those officers who currently hold this classification.
- C. A Class II officer, who shall be authorized to exercise full powers and duties similar to those of permanent, regularly appointed full-time police officers. The use of a firearm by an officer of this class is authorized, but only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established in the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70. Class II special law enforcement officers within the City of Clifton shall be authorized to make arrests.
A.
The Municipal Council may, from time to time upon
the advice of the Chief of Police, appoint special law enforcement
officers, each for a term not exceeding one year; provided, however,
that all appointments shall expire on the 31st day of December of
the year in which the appointment is made.
B.
Upon the termination of employment of any special law enforcement officer who has been appointed pursuant to the provisions of Subsection A hereof, said appointment shall expire forthwith.
C.
The number of special law enforcement officers appointed
within the City of Clifton shall not exceed 25% of the total number
of regular police officers employed by the City of Clifton.
No person shall be appointed as a special law
enforcement officer unless such person possesses the following qualifications:
A.
Is a resident of this City and state and a citizen of the United States during the term of employment; provided, however, that the residency of such person in the City shall, in all respects and requirements, be subject to and in accordance with all of the provisions of Chapter 95 of the Code of the City of Clifton, entitled "Residency Requirements."
B.
Is able to read, write and speak the English language
well and intelligently, and has a high school diploma or its equivalent.
C.
Is sound in body and of good health.
D.
Is of good moral character.
E.
Has not been convicted of any offense involving dishonesty
or which would make him unfit to perform the duties of his office.
F.
Has successfully passed the same psychological and
medical testing that is required of all full-time police officers
of the City.
A.
Each applicant shall have fingerprints taken, which
fingerprints shall be filed with the Division of State Police and
the Federal Bureau of Investigation.
B.
Every applicant for appointment as a special law enforcement
officer shall submit a written application, verified under oath, setting
forth his qualifications for the position and any other data as may
be required by the Police Department.
C.
Before any appointment or reappointment is made, the
Chief of Police shall ascertain the eligibility and qualifications
of the applicant and shall report these determinations in writing
to the Municipal Council.
D.
No person may commence his duties as a special law
enforcement officer unless he has successfully completed a training
course approved by the Police Training Commission. Special law enforcement
officers shall not be compensated for time spent in training.
The term of appointment of a special law enforcement
officer shall not exceed one year; provided, however, that the appointment
is for four months or less, in which event the appointment may be
revoked without cause or hearing. Nothing herein shall be construed
to require reappointment of a special law enforcement officer upon
the expiration of his term of appointment.
A.
No person appointed as a special law enforcement officer
in the City of Clifton shall accept appointment as a special law enforcement
officer in any other jurisdiction. No permanent, regularly appointed
full-time police officer of the City of Clifton or any other jurisdiction
shall be appointed as a special law enforcement officer for the City
of Clifton. No public official with responsibility for setting law
enforcement policy or for exercising authority over the budget, or
for supervision of the Police Department of the City of Clifton, shall
be appointed as a special law enforcement officer.
B.
The powers, rights and duties of every special policeman
shall immediately cease at the expiration of his term of office for
which he is appointed or upon revocation of his appointment.
C.
Training. No person shall commence his duties as a
special law enforcement officer unless he has successfully completed
a training course approved by the Police Training Commission, and
no special law enforcement officer shall be issued a firearm unless
he has completed the basic firearms course approved by the Commission
for permanent, regularly appointed police officers, and successfully
completed all semiannual firearms requalification examinations conducted
by the Clifton Police Department.
No special law enforcement officer shall carry
a firearm or any other weapon except while engaged in the actual performance
of his official duties when specifically authorized by the Chief of
Police or his designee. Any firearm utilized by a special law enforcement
officer shall be returned at the end of the officer's work day to
the officer in charge of the station house, unless the firearm is
owned by the special law enforcement officer and was acquired in compliance
with a condition of employment. Any special law enforcement officer
appointed after the effective date of this chapter shall use only
a firearm supplied by the City of Clifton Police Department.
A.
No special law enforcement officer shall be employed
for more than 20 hours per week except during periods of emergencies
as declared by the Chief of Police in accordance with N.J.S.A. 40A:14-146.16a(2).
Special law enforcement officers shall be employed only to assist
the Police Department of the City of Clifton, and may not be employed
to replace or substitute for full-time, regular police officers.
B.
A special law enforcement officer may be assigned
by the Chief of Police or his designee to perform public safety functions
for a private entity only if the special law enforcement officer is
functioning subject to the supervision of the Chief of Police or his
designees (i.e., any regularly employed member of the Police Department).
The special officer shall under these circumstances be deemed to be
on duty.
C.
A special law enforcement officer shall perform his
duties only within the City of Clifton unless in fresh pursuit of
any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
Upon approval by the Municipal Council of the
application for appointment, each applicant shall take the oath of
office.
A.
Each special officer shall be furnished with one uniform
and one badge and hat device upon his initial appointment. These items
shall be returned to the Police Department within 30 days of the expiration
or revocation of his appointment. Any person who violates or refuses
to comply with the provisions of this section shall, upon conviction
thereof, be subject to a fine not to exceed $500.
Every special law enforcement officer shall
be under the supervision and direction of the Chief of Police and/or
his designee(s).
Every special law enforcement officer shall
comply with all rules, regulations, orders, procedures and directives
promulgated for the conduct and decorum of the regular members of
the Police Department of the City of Clifton and for the efficient
operation of the Police Department. Special law enforcement officers
shall adhere to and shall not bypass the chain of command of the Clifton
Police Department.
[Amended 6-1-2004 by Ord. No. 6414-04]
There is established within the Police Department
the position of Police Chaplains. There shall be five Police Chaplains
who shall be appointed by the City Manager, and they shall serve for
a period of three years without salary.
Any person appointed as a Chaplain shall be
a duly and regularly ordained clergyman in good standing in the religious
body from which he may be selected.
The City Manager shall appoint as many school
traffic guards as the City Manager shall deem necessary in the City.
No member of the Police Department of the City shall be appointed
as a school traffic guard.
School traffic guards must possess the following
qualifications. They shall be:
A.
Not less than 18 years of age.
B.
A citizen of the United States.
C.
Of good moral character.
D.
Able to read and write the English language.
E.
At least five feet two inches in height.
F.
In good health, sound in body and mind, and certified
by a physician selected by the City as being physically capable of
performing the duties required of them.
It shall be the duty of the physician to carefully
examine the educational, mental, moral and physical fitness of any
person applying for appointment as a school traffic guard. A certificate
signed by the physician shall be considered and taken as sufficient
evidence of the applicant's educational, mental, moral and physical
capability.
School traffic guards shall be governed by all
the rules and regulations laid down for the guidance of the Police
Department members insofar as such rules and regulations are applicable
and consistent with the special class of duty prescribed for school
traffic guards. In addition, school traffic guards shall comply with
all other rules and regulations adopted for school traffic guards
by the Municipal Council.
School traffic guards shall serve at the pleasure
of the City Manager, who may summarily dismiss any school traffic
guard for any reason deemed sufficient by the City Manager.
A.
The following charges shall be made by the Record
Bureau of the Police Department for the furnishing of photographs
or photostatic copies of public records by the Police Department:
(1)
Ten dollars for any eight-by-ten-inch copy of a photograph
of the scene of an accident.
(2)
Five dollars for any three-by-five-inch copy of a
photograph of the scene of an accident.
(3)
Two dollars per page for a photostatic copy of a public
record for the first page to the fifth page.
(4)
One dollar per page for photostatic copies of public
records for all copies in excess of five pages.
B.
The foregoing charges apply to public records requested
in person. In the event that copies of public records are requested
other than in person, an additional fee of $5 for the first three
pages and $1 per page thereafter shall be added to cover administrative
costs.
All of the above fees shall be collected by
the officer in charge of the Record Bureau of the Police Department
or by his designated agent.
All fees collected hereunder shall be delivered
to the City Treasurer and thereafter deposited by him in the appropriate
account of the City.
Nothing contained herein shall be construed
to require or authorize the making of copies of any documents, papers
or records in the possession of the Police Department which are regarded
as confidential by any law enforcement agency or which are not public
records of the Police Department.
Nothing herein shall be construed to prohibit
or prevent any person from examining any public records in the possession
of the Police Department or from making his own written copy thereof.
[Amended 9-17-2002 by Ord. No. 6306-02; 2-22-2006 by Ord. No. 6557-06]
A.
The offices and employments enumerated herein, in
addition to those created by statute and/or ordinance, be and the
same are hereby created for the proper conduct of the affairs of the
City, and the amounts fixed, granted and ordered paid for the employments
enumerated are as follows:
(2)
Increase in salaries for Captains, Lieutenants, Sergeants
and police officers.
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No.
6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
(a)
Commencing July 1, 2017, the minimum and maximum base salaries
of the Captains, Lieutenants and Sergeants shall be fixed for the
years 2017, 2018, 2019 and 2020 and shall be as follows in accordance
with the applicable collective bargaining agreement:
[Amended 2-6-2018 by Ord.
No. 7428-18]
2017
| ||
---|---|---|
Minimum
|
Maximum
| |
Captains
|
$158,424
|
$168,944
|
Lieutenants
|
$141,653
|
$151,041
|
Sergeants
|
$126,051
|
$135,069
|
2018
| ||
---|---|---|
Minimum
|
Maximum
| |
Captains
|
$160,008
|
$172,322
|
Lieutenants
|
$143,069
|
$154,061
|
Sergeants
|
$126,681
|
$137,771
|
2019
| ||
---|---|---|
Minimum
|
Maximum
| |
Captains
|
$161,608
|
$175,769
|
Lieutenants
|
$144,500
|
$157,143
|
Sergeants
|
$127,315
|
$140,526
|
2020
| ||
---|---|---|
Minimum
|
Maximum
| |
Captains
|
$163,224
|
$179,284
|
Lieutenants
|
$145,945
|
$160,285
|
Sergeants
|
$127,951
|
$143,337
|
(b)
Commencing January 1, 2017, the minimum and maximum base salaries
of police officers shall be fixed for the years 2017, 2018 and 2019
as follows, in accordance with the terms of the applicable collective
bargaining agreement:
[Amended 4-17-2018 by Ord. No. 7442-18]
2017
| ||
---|---|---|
Minimum
|
Maximum
| |
Police officers
|
$30,000
|
$116,477
|
2018
| ||
---|---|---|
Minimum
|
Maximum
| |
Police officers
|
$30,000
|
$116,477
|
2019
| ||
---|---|---|
Minimum
|
Maximum
| |
Police officers
|
$30,000
|
$116,477
|
(3)
Salary ranges to include steps.
[Amended 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
(a)
The salary range for police officers shall include steps in accordance
with the applicable collective bargaining agreement.
(b)
The salary range for Captains, Lieutenants and Sergeants shall
include steps in accordance with the applicable collective bargaining
agreement.
[Amended 2-6-2018 by Ord.
No. 7428-18]
(4)
The salary range for police officers hired January
1, 2006, or after shall be based upon 10 steps in accordance with
the applicable collective bargaining agreement.
(5)
The aforesaid increases shall take effect upon the
signing of a contract by the appropriate bargaining unit.
[Amended 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
B.
Extra compensation shall be as follows:
(1)
Extra compensation for personnel assigned on a permanent
basis as a full-time member in organizing and training patrol practice:
$150 per year.
(2)
Extra compensation for personnel assigned on a permanent
basis as a full-time member of the Police Tactical Squad: $300 per
year.
(3)
Extra compensation for personnel assigned on a permanent
basis the duties of training school guards: $300 per year.
(4)
Extra compensation for personnel assigned on a permanent
basis as a full-time detective: $350 per year.
(5)
Extra compensation for personnel assigned on a permanent
basis as a full-time member of the Bomb Squad: $300 per year.
(6)
Extra compensation of personnel assigned on a permanent
basis as a full-time member of the Patrol Division for Captains, Lieutenants
and Sergeants shall be: $150 per year for the day shift; $250 per
year for the evening shift; $350 for the midnight shift.
(7)
Extra compensation for personnel assigned on a permanent
basis in charge of dog census: $150 per year.
(8)
Effective January 1, 2018, there shall be no extra compensation as
set forth above for Captains, Lieutenants and Sergeants in accordance
with the applicable collective bargaining agreement.
[Added 2-6-2018 by Ord.
No. 7428-18]
C.
Uniform allowances shall be as follows:
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No.
6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
[Amended 7-21-2015 by Ord. No. 7229-15]
A.
Annual
salaries shall be paid in equal semimonthly installments. Weekly and
hourly wages shall be paid for such period as may be authorized by
resolutions adopted from time to time by the governing body.
B.
Direct
deposit.
[Added 5-2-2017 by Ord.
No. 7376-17]
(1)
All permanent employees and elected public officials who receive
compensation from the City of Clifton are mandated to have direct
deposit of their compensation as of July 1, 2017, in accordance with
Chapter 28, P.L. 2013, as defined under N.J.S.A. 52:14-15f(b) (including
paperless online pay stubs and W-2s).
(2)
Seasonal and temporary employees who are employed by the City of
Clifton are exempt from the direct deposit mandate.
(3)
Municipal employees may request, in writing, an exemption from the
direct deposit mandate to the City of Clifton's Personnel Director.
Such requests will be presented to the City Council within 30 days.
The City Council may grant such an exemption by resolution and only
for good cause.
A.
There shall be added to and made a part of the remuneration
to each officer and employee an amount equal to 2 1/2% of the salary
or wages fixed for each such person upon completion of five years’
cumulative service in and for the City of Clifton; an amount equal
to 5% of the salary or wages fixed for each such person upon the completion
of 10 years’ cumulative service in and for the City of Clifton;
an amount equal to 7 1/2% of the salary and wages fixed for each such
person upon the completion of 15 years’ cumulative service in
and for the City of Clifton; an amount equal to 10% of the salary
or wages fixed for each such person upon the completion of 20 years’
cumulative service in and for the City of Clifton; and an amount equal
to 12 1/2% of the salary or wages fixed for each such person upon
the completion of 24 years’ cumulative service in and for the
City of Clifton. Such additional compensation shall be paid notwithstanding
the maximum salary or wages provided for such office or employment,
and shall be paid at the same time and in the same manner as the salary
or wages fixed pursuant to the provisions of this article. Notwithstanding
the foregoing, new employees hired on or after May 21, 2010, shall
no longer receive additional compensation for longevity. In addition,
any employee hired on or after May 21, 2010, who is promoted into
the Superior Officers Association shall not receive longevity.
[Amended 6-1-2010 by Ord. No. 6886-10; 1-15-2013 by Ord. No.
7071-13; 8-7-2013 by Ord. No. 7112-13]
B.
For the purposes of this article, all periods of employment
shall be deemed to have commenced on January 1 of the year of appointment
or employment unless the actual date of such appointment or employment
took place on or after July 1, in which case such period of employment
shall be deemed to have commenced on July 1 of the year of said appointment
or employment.
C.
For the purposes of this section, "service" is defined
as employment within and for the City of Clifton.
A.
Employees may select between Horizon Blue Cross/Blue Shield health
insurance plans in accordance with the applicable collective bargaining
agreement.
[Amended 8-7-2013 by Ord. No. 7112-13; 2-6-2018 by Ord. No. 7428-18]
B.
The City shall continue to provide the current prescription
drug plan in accordance with the terms of the relevant collective
bargaining agreement.
C.
The City shall continue to provide the current group
dental plan, including orthodontic benefits, in accordance with the
terms of the relevant collective bargaining agreement.
D.
The City may, at its option, change any of the foregoing
plans or carriers so long as equal to or better coverage is provided.
E.
Employee
and retiree contributions. All employees and retirees will pay a contribution
to health insurance premiums, including prescription and dental, based
upon pensionable base salary in accordance with the terms and rates
set by New Jersey Statutes, including N.J.S.A. 40A:10-21 and N.J.S.A.
52:14-17.28 et seq., as set forth in the applicable collective bargaining
agreement.
[Added 6-1-2010 by Ord. No. 6886-10; amended 8-7-2013 by Ord. No.
7112-13; 2-6-2018 by Ord. No. 7428-18]
In addition to the compensation herein provided
for as regular salaries and wages, the City of Clifton hereby grants
and provides the following life insurance coverage for all officers
and employees of the City, except seasonal temporary employees: Said
life insurance coverage shall be in the amount of $10,000 for all
officers and employees who shall not have attained the age of 70 years,
and shall be in the amount of $2,500 for all officers and employees
who shall have attained the age of 70 years. In addition, the City
shall provide life insurance coverage in the amount of $1,000 to each
officer and employee for and during the first five years of his or
her retirement only. "Retirement," for purposes of this provision,
shall be defined as the voluntary termination of his or her employment
by the City by an officer and employee who shall, at the time of such
voluntary termination, qualify for pension benefits under any public
employee pension system established and maintained pursuant to the
laws of the State of New Jersey.
As part of the salary range and longevity credit
herein provided, the salary of a member of the Police Department shall
be increased by the sum of $20 for each credit hour earned as the
result of the successful completion of a course(s) for which credit
is given toward a baccalaureate degree or associate degree in police
science, which credit hour must have been earned at and accepted by
a recognized institution of higher learning offering a program leading
to a degree or associate degree in police science while an employee
of the City of Clifton. Such additional remuneration shall not exceed
$330 in any given calendar year, and such additional remuneration
shall not exceed a total of $1,320. Such additional remuneration shall
be payable commencing on the first regular payday in September of
each year retroactive to the date of completion of such credit hours,
provided that there has been presented to the City Manager, on or
before July 15 of each year, a proper certification from the institution
attended by such member setting forth the number of credit hours completed
or the conferring of an associate or baccalaureate degree. Courses
must be taken during the employee's off-duty hours.
A.
Except as otherwise provided in this article or by law, each member
shall earn sick leave in accordance with the applicable collective
bargaining agreement.
[Amended 2-6-2018 by Ord.
No. 7428-18]
B.
Any leave taken due to illness or injury shall utilize any accumulated sick days under Subsection A of this section. Whenever any employee is injured in the line of duty, he shall not be charged with sick leave but shall be carried as excused from duty.
C.
Effective January 1, 1989, there shall be a sick leave
cap of 260 days accumulable for purposes of terminal leave of 50%
of the employee's then-current value at retirement (maximum of 130
days at 100%). If an employee has, as of December 31, 1988, a personal
accumulation in excess of 260 days, said employee's accumulable sick
leave, for purposes of terminal leave, shall be capped at the number
of days as of December 31, 1988. For example, if an employee has 300
days of accumulated sick time as of December 31, 1988, said employee
shall be entitled to a maximum cap, for terminal leave purposes, of
50% of 300 days (maximum of 150 days at 100%). If an employee has
260 or fewer days cap for terminal leave compensation purposes as
of December 31, 1988, then the maximum amount of sick leave accumulable
for terminal leave purposes is 260 days. The terminal cap in no way
limits the amount of sick days that an employee may accumulate during
his career for illness.
D.
Effective January 1, 1989, any employee who has accumulated
more than 260 sick days shall have the right to be paid an attendance
payment equal to 50% of the sick days gained in and not used in any
calendar year to a maximum of 7 1/2 days. The attendance payment
shall be made within one month at the close of the calendar year in
which it is earned. Any employee seeking to exercise his right to
an attendance payment must make a request for the same, in writing,
on or before January 15 of the year following the year in which the
attendance payment was earned.
E.
The terminal leave benefit due any employee may be
paid to said employee in either of the two following manners which
may be selected by said retiring employee:
(1)
The total salary due each employee for such terminal
leave shall be paid in equal biweekly installments as shown and authorized
by the City's regular payrolls approved for payment during the period
of such terminal leave; or
(2)
The total salary due such employee for such terminal
leave shall be paid in a lump-sum payment, with the initial payment
in the year in which the employee retires, limited to the total salary
funds available in the municipal budget during the retirement year,
the balance, if any, to be paid within 60 days after the adoption
of the municipal budget in the year following the year of retirement.
F.
All retiring employees accepting a lump-sum payment
will be entitled to all compensation in accordance with the terms
of the relevant collective bargaining agreement.
G.
In the event that any employee, while actively employed
by the City, shall become deceased, then payment of 50% of accumulated
sick leave, which leave shall be earned or accumulated in accordance
with this article, shall be made to the employee's spouse and/or children,
if any.
A.
Holidays shall be recognized in accordance with the
terms of the relevant collective bargaining agreement.
B.
An additional two compensatory days at straight time
shall be granted all Captains, Lieutenants, Sergeants and police officers
in accordance with the terms of the relevant collective bargaining
agreement, which compensatory time shall be in lieu of compensatory
time for any and all special holidays (other than or in addition to
those holidays enumerated in the relevant collective bargaining agreement)
which may be granted during the year by the Municipal Council or the
City's administration to any City employee other than the members
of the Police Department. If said two compensatory days are not taken
during the calendar year, these two days will be accrued until taken.