RESOLUTION 2024-208 RESOLUTION OF THE TOWNSHIP OF BARNEGAT, ‘COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH THE CHIEF OF POLICE, JASON D. CARROLL FROM MAY 1, 2024 ‘THROUGH DECEMBER 31, 2029 WHEREAS, the Township is desirous to execute an employment agreement with the Chief of Police effective May 1, 2024 through December 31, 2029; and WHEREAS, the employment agreement has been negotiated between the parties and is on file at the Office of the Township Clerk and can be viewed during ormal business hours. NOW, THEREFORE, BE IT RESOLVED on this 7 day of May, 2024 by the Mayor and the Township Committee of the Township of Barnegat, County of Ocean, State of New Jersey as follows: 1. The Township hereby authorizes the execution of an employment agreement with Chief of Police Jason D. Carrol for the term beginning May 12024 ‘through December 31, 2029 wnich is on file at the Oice of the Township Clerk. 2. A certified copy of this Resolution shall be forwarded by the Township Clerk to the following: (@) Joseph Marte, Mayor (©) Marin Lisella, Township Administrator (c) Jason D. Carroll, Chief of Police (@) Tom Lombarski, CFO CERTIFICATION |, Donna Manno, Municipal Cletk of the Township of Bamegat in the County of Ocean, New Jersey do hereby certify that the foregoing is a correct and true copy of a resolution adopted by the Township of Barnegat on May 7, 2024, ee 1 nna Mi. Manno 7RMC? Municipal ClerkAGREEMENT BETWEEN TOWNSHIP OF BARNEGAT AND CHIEF JASON D, CARROLL MAY 1, 2024 THROUGH DECEMBER 31, 2029,ARTICLE 1 RECOGNITION AND SCOP! THIS AGREEMENT, entered into on this _1_day of __May, 2024 by and between the Township of Bamegat, in the County of Ocean and STATE OF New Jersey (hereinafter referred to as the Township), and Jason Carroll (hereinafter referred to as the Chief of Police), hereby establishes the following terms and conditions of employment for the position of Chief of Police. This Agreement represents the complete and final understanding on all bargaining issues between the Township and the Chief of Police. This Agreement shall govern all wages, hours and other conditions of employment herein set forth. This Agreement is made pursuant to a resolution adopted by the Township Committee of the Township of Barnegat at a public meeting. ARTICLE I COLLECTIVE BARGAINING PROCEDURE SECTION 1. Collective bargaining with respect to rates of pay, hours of work and other conditions of employment shall be conducted by the duly authorized bargaining agent of each of the parties. Unless otherwise designated, the Mayor of the Employer or his designees and members of the Committee as designated by the Township Committee of the Township of Bamegat and the Chief of Police or his designee together with members of his negotiating Committee, shall be the respective negotiating agents for the parties. SECTION 2. Collective bargaining meetings shall be held at times and places mutually convenient at the request of either party. SECTION 3. The Chief may be excused from his work assignments in order to participate at collective bargaining agreement meetingsARTICLE IIL DISCRIMINATION AND COERCION There shall be no discrimination, interference of coercion by the Employer or any of its agents or Employees against activity by the Chief. Neither the Employer nor the Chief shall discriminate against any Employee because of race, color, creed, sex, national origin or political affiliation. ARTICLE IV SALARY SECTION ONE: Commencing May 1, 2024, the Base Salary for the Chief of Police shall be $196,000.00. SECTION TWO: Commencing May 1, 2025, the Base Salary for the Chief of Police shall be $206,000.00 ‘SECTION THREE: Effective January 1, 2025, a two percent (2%) increase shall be caloulated each year for 2025, 2026, 2027, 2028, and 2029. ‘SECTION FOUR: The Chief's salary shall be calculated by adding stipends, longevity, on-call pay, and education pay into the base salary listed in Sections above. SECTION FIVE: The Township and Chief of Police agree and acknowledge that there shall be a minimum salary differential of at least ten percent (10%) between the ranks of Captain of the Barnegat Township Police Department and the Barnegat Township Chief of Police throughout the duration of this Agreement.ARTICLE V MANAGEMENT RIGHTS The Township hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the 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 and express terms hereof are in conformance with the Constitution and the laws of the State of New Jersey and the United States. Nothing in this Agreement shall be construed to abrogate or interfere with the duties, rights and obligations of the Township as imposed by the Constitution and laws of the State of New Jersey and the United States. ARTICLE VI RESPONSIBILITIES OF THE CHIEF OF POLICE Pursuant to state law, the Ordinances of the Township and the regulations and policies established by the Township and Attomey General of the State of New Jersey, the responsibilities of the appointed Chief of Police shall include the responsibility to: a) Conduct and manage the day-to-day operation of the Bamegat Township Police Department. b) Administer and enforce rules and regulations, act as the chief executive officer and appropriate authority for all matters and personnel assigned to the police department. c) Have, exercise and discharge the functions, power and duties of the police force. d) Delegate such authority as he may deem necessary for the efficient operation of the police force to be exercised under his direction and supervision, ©) Prescribe the duties and assignments of all subordinates and other personnel. ) Report monthly, in written form, to the Township an overview of police activity for the preceding month,ARTICLE VIL WORK, SECTION ONE: The position of Chief of Police is a salaried position compensated pursuant to Article IV of this agreement. The Chief of Police shall spend sufficient time at his job to insure the smooth and responsible operation of the Police Department over which he has supervisory control without respect to a specific minimum or maximum number of hours worked per day of each week. SECTION TWO: The Chief of Police may adjust his work schedule in order to accommodate evening meetings, major crime incidents or other events or incidents that he determines require his attendance. SECTION THREE: The Chief of Police shall be entitled to utilize vacation, holiday and personal days taken at his discretion in consideration of the Police department's needs and with consideration of public safety needs. ‘SECTION FOUR: Whenever used in this agreement “days” refers to and shall be calculated as 10-hour days. ARTICLE VIII SICK LEAVE SECTION ONE: Sick leave is hereby defined to mean an absence from the post of duty by the Chief of Police, while in good standing, due to illness, acoldent, injury, disability or the exposure to a contagious disease. ‘SECTION TWO: In the event the Chief of Police requires 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. SECTION THREE: If the Chief of Police is absent from work on sick leave and is unable to report for duty for five (5) or more consecutive working days, the Township may require a physician of its choice to provide a medical statement concerning the need for sick leave. In the alternative, the Township may require the Chief of Police to submit acceptable medical evidence substantiating the need for sick leave.SECTION FOUR: If the Chief of Police is absent for work reasons that entitle him to sick leave, the Police Department shall be notified as early as Possible, but no later than one (1) hour prior to the start of the scheduled work shift from which he is absent, except in the case of an emergency. Failure to so notify may be cause for denial of the use of sick leave for that absence and could constitute cause for disciplinary action. ‘SECTION FIVE: To the extent permissible pursuant to the Laws of the State of New Jersey: sick leave shall accrue at the rate of fifteen (15) days per year for the Chief of Police, and shall accumulate from year to year, to be used as set forth herein. SECTION SIX: The Chief may sell back twenty (20) sick days or 200 hrs, regardless of the number of days used. The Chief must maintain a minimum of 200 hrs accumulated after the sell back to be eligible except in the final year of employment. The Chief shall be compensated at the rate of pay for the current year. ARTICLE IX BEREAVEMENT LEAVE The Chief of Police shall receive the following bereavement leave in accordance with the following schedule: SECTION ONE: Up to eight (8) days shall be granted for the death of a spouse or children, SECTION TWO: Up to five (5) days shall be granted for the death of a member of the Chief's family, which shall include brothers, sisters, spouse's, parents, brother-in law and sister-in-law and grandparents of the Chief of Police, or his spouse. SECTION THREE: Up to one (1) day shall be granted for the death of any other family member not described above. SECTION FOUR: Bereavement leave shall not be cumulative or be carried forward into future years,ARTICLE X VACATIONS SECTION ONE: The Chief of Police shall be entitled to Thirty (30) days’ vacation time annually. The Chief of Police will receive his full annual allotment on the 1* day of January each year. ‘SECTION TWO: The Chief of Police shall be entitled to schedule his vacation time provided that the Chief of Police shall not take vacation leave unless a subordinate is available to assume control of, and responsibility for, the operation of the Barnegat Police Department. SECTION THREE: The Chief of Police may take vacation time in increments of one hour. SECTION FOUR: Vacation days not used by the end of the calendar year will be deemed abandoned. Vacation time may not be carried over to the following year. The Chief is not eligible to sell back vacation time annually. ‘SECTION FIVE: Upon termination for any reason, all accumulated vacation time will be paid to the Chief at his current rate of pay, not later than one (1) month after termination of employment unless @ mutual agreement is reached. Any unearned vacation time taken prior to termination will be deducted from the Chief’ final compensation. ARTICLE XI HOLIDAY TIME ‘SECTION ONE: The Chief of Police shall be entitled to Fifteen and One Half (15.5) paid holidays per calendar year during the term of this Agreement. ‘Those recognized holidays are as follows: New Year's Day, Martin Luther King Jr., Day, Juneteenth, Presidents Day, Good Friday, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veteran's Day, Thanksgiving, Day after Thanksgiving, Christmas Eve (one half day), Christmas Day. SECTION TWO: Pay for the Fifteen and One Half (15.5) paid holidays shall be made by the Township to the Chief of Police at straight time, SECTION THREE: Holiday pay shall be incorporated into the Chief of Police's base salary.ARTICLE XIL PERSONAL TIME ‘SECTION ONE: The Chief of Police may utlize seven (7) days per year for personal, business, household, or family matters, and such leave shall not accumulate from year to year. Any unused personal days by the Chief of Police shall be deemed abandoned as of December 31st calendar year if unused, SECTION TWO: As with vacation, the Chief of Police may schedule personal days at his discretion in accordance with adequate manpower coverage to ensure public safety, ARTICLE XU HEALTH INSURANCE AND RELATED BENEFITS, SECTION ONE: The Chief of Police shall receive a full insurance and benefit Package identical as given to members of the Barnegat Township PBA 296 Superior Officers Association. ARTICLE XIV COMPENSATORY TIME AND OVERTIME SECTION ONE: Pursuant to this Agreement, the Chief of Police shall NOT be entitled to eam compensatory time (comp. time) under any circumstances. SECTION TWO: Pursuant to this Agreement, the Chief of Police shall NOT be entitled to overtime under any circumstances.ARTICLE XV LEGAL INDEMNIFICATIO? SECTION ONE: The Township shall supply the Chief of Police with necessary legal advice and counsel in defense of charges and claims filed against him, including both civil and criminal claims and charges, in the performance of his duties in accordance with the laws of the State of New Jersey and the United States. The Township shall similarly be responsible to indemnify the Chief of Police, and to provide counsel for the Chief of Police, for charges and claims filed against the Chief of Police subsequent to the expiration of this Agreement which relate to the Chief of Police's performance of his duties. This Township's aforementioned obligation is contingent upon a finding by a Court of competent jurisdiction that the Chief of Police acted in a reasonable and proper manner of, in the case of a criminal proceeding, was found to be not guilty of the charges alleged. SECTION TWO: The obligation of the Township to supply and pay for legal ‘counsel DOES NOT apply in the case of any disciplinary action brought by the Township against the Chief of Police. In any such instance, the Chief of Police shall be fully and wholly responsible for any legal representation and for all costs and fees associated therewith. ARTICLE XVI CLOTHING ALLOWANCE SECTION ONE: Beginning effective January 1, 2025, the Chief of Police shall receive an annual clothing allowance of $1,600.00. The clothing allowance shall be paid to the Chief in the first payroll in January each eligible year. SECTION TWO: Clothing allowance payments SHALL NOT be included in the daily rate of pay calculation to the Chief of Police, nor shall any clothing allowance payment be included in the Chief of Police's pension calculation. SECTION THREE: The Township will replace any clothing damaged in the course of performing the duties and responsibilities of the Chief of Police. The Township's obligation shall include all Township issued clothing (uniforms) and private clothing worn while performing assigned duties and responsibilities.ARTICLE XVII POLICE CHIEF'S VEHICLE AND OTHER TOWNSHIP EQUIPMENT SECTION ONE: The Township agrees to supply the Chief of Police with a police equipped vehicle to be used for police work and for his personal use within Ocean County, NJ. The supplied vehicle shall be unmarked with confidential license plates SECTION TWO: Only law enforcement personnel may operate the vehicle assigned to the Chief of Police, with the consent and permission of the Chief of Police. ARTICLE XII BEI UPON DEATH SECTION ONE: The Township shall pay to the Chief of Police's beneficiaries all benefits accrued by the Chief of Police up to the date of death, including accumulated leave time and severance pay at the Chief of Police's current rate as of his last day of work. SECTION TWO: The death of the Chief of Police while in office shall be considered termination on the legal date of death and the Chief of Police shall be entitled to all described benefits as if he retired honorably from service. ARTICLE XIX PENSION The Township shall continue to make contributions as heretofore provided to insure pension and retirement benefits to the Chief covered by this Agreement, under the Public and Fire Retirement System (PFRS) pursuant to the provisions of the Statutes and Laws of the State of New Jersey. 10ARTICLE XX DISCIPLINE A. Discipline may, but is not limited to including the following disciplinary actions: Oral reprimand. Written reprimand. Suspension (minor) five (5) days or less. Suspension (major) six (6) days or more. Demotion/Salary Reduction. Discharge. B. The Chief shall not be disciplined without just cause and due process. C. When the Township imposes discipline, written notice of such discipline shall be given to the Chief. ARTICLE XXI OTHER BENEFITS The Chief of Police shall be entitled to all other benefits available to members of the Barnegat Township Superior Officers Association and PBA Local 296, ‘which have not otherwise been enumerated or described herein. ARTICLE XXIII DURATION This agreement shall be in effect the first day of May 1, 2024, to and including the last day of December 2029. In the event that a new written contract has not been entered into between the Employer and Chief of Police on or before the last day of December 2029, then all terms and conditions of this contract shall be in full force unless and until a new contract has been negotiated. nARTICLE XXIII IRANCE, Upon the retirement or other separation of Jason Carroll from his ‘employment with the Township of Bamegat, Jason Carroll's total and ‘complete severance compensation shall consist exclusively of the following A, At the time of retirement or other separation, Jason Carroll may sell any accrued unused sick leave back to the Township at his rate of pay as of the date of his or separation up to a maximum payment of $15,000.00 for unused sick time. Any unused accumulated sick time exceeding $15,000.00 shall be deemed to have no value, and no compensation shall be issued or due to Jason Carroll for any unused accumulated sick time which exceeds $15,000.00 in value at the time of his retirement or separation from ‘employment with the Township. B. At the time of retirement or other separation, Jason Carroll shall be due to be compensated for any unused accumulated vacation time to be paid at Jason Carroll's rate of pay as of the date of his retirement or separation C. At the time of retirement or other separation, Jason Carroll shall be due to be compensated for any unused accumulated Compensatory Time to be paid at Jason Carroll's rate of pay as of the date of his retirement or separation. D. At the time of retirement or other separation, Jason Carroll shall be due to be compensated in the amount equivalent to one full day's pay for each year of service completed with the Township of Barnegat. E. The items listed in Paragraphs A through D under “Article XXIII - SEVERANCE” shall be paid over to Jason Carroll in five (5) equal installments on an annual basis beginning on the first March 1st following the retirement or other separation of Jason Carroll from his employment with the Township of Bamegat. 2IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the 7", day of May, 2024. ATTEST: TOWNSHIP OF BARNEGAT > ~ LBhite Vy peg Loe ‘i Donna M. Manno, RMC Joseph Marte, Mayor Municipal Clerk WITNESs: IO phe QV] Wyesna, Cpr. Donna M. Manno, RMC Jason D. Carroll, Chief of Police 3