THE COUNTY OF PUTNAM
AND
PUTNAM COUNTY DEPARTMENT
POLICE BENEVOLENT ASSOCIATION, INC.
MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered into by and between the negotiating teams
for Putnam County (hereinafter "Etnploye1*") and the Putnam County Sheriff's Department
Police Benevolent Association, Inc. (hereinafter The Employer and PBA are
collectively referred to as the ?parties".

WHEREAS, the Employer and PBA are patties to a Collective Bargaining Agreement
which has an expiration date of December 3 2016; and

WHEREAS, the parties have reached an agreement as of the date ofeaecution of this
Memorandum of Agreement on the terms and conditions for a successor collective bargaining
agreement for the period of January 1, 2017 through December 31. 2022, and wish to
memorialize their understanding, in writing, pending the rati?cation of this agreement by both
the PBA and the Putnam County Legislature and the subsequent signing of the new collective
bargaining agreement;

NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, upon ratification by the PBA and approval of the Putnam County Legislature by
resolution, the parties agree that a successor collective bargaining agreement to the expired
agreement shall re?ect the following changes; all other terms and conditions not speci?cally
referenced herein shall, by agreement of the parties. remain in full force and effect.

l. Article 28 Duration: All aspects of the Agreement pertaining to duration shall be
amended to reflect the following:

Period ongreement: January 1, 2017' through December 31, 2022

In)

Article 10 Base Wage and Longer-?its?: Subsection (A) ofAtticle ll] shall be amended,
along with Appendix A, to reflect the following increases for all employees:

Effective January 1, 2017' 2% increase to the salary schedule;

Effective January 1. 2018 2% increase to the salary schedule. or a cost of
living adjustment based upon the (Consumer Price Index for Urban Wage Banners
and Clerical Workers) as published by the Bureau of Labor Statistics in October of each
year, whichever is greater, with a maximum increase of3%;

1

Effective January 1. 2019 increase to the salary schedule. or a cost of living
adjustment based upon the CPI-W (Consumer Price Index for Urban Wage Earners and
Clerical Workers) as published by the Bureau of Labor Statistics in October of each year
whichever is greater, with a maximum increase of 

Effective January 1. 2020 2% increase to the salary schedule, or a cost of
living adjustment based upon the PI-W (Consumer Price Index for Urban Wage Earners
and Clerical Workers) as published by the Bureau of Labor Statistics in October of each
year, whichever is greater, with a maximum increase of 

Effective January 1, 2021 2% increase to the salary schedule, or a cost of
living adjustment based upon the CPI-W (Consumer Price Index for Urban Wage Earners
and Clerical Workers) as published by the Bureau of Labor Statistics in October of each
year. whichever is greater, with a maximum increase of 

Effective January 1, 2022 2% increase to the salary schedule, or a cost of
living adjustment based upon the CPI-W (Consumer Price Index for Urban age Earners
and Clerical Workers) as published by the Bureau of Labor Statistics in October of each
year, whichever is greater, with a maximum increase of 

. Article 1] Holidays: Subsection A.l of Atticle 1 1 shall be deleted from the Agreement.

Article 11 Holidays: A new Subsection (A) shall be added to Article I 1 ofthe
Agreement to read as follows: "The following days shall be deemed as holidays by the
Department:

1. New Year?s Day
Martin Luther King's Birthday
President's Day

.r?vasa

Memorial Day
July 

Labor Day
Columbus Day
Election Day

9. Veteran's Day

10. Thanksgiving Day
December 24??

12. Christmas Day?



Article ll Holidays: Subsection (C) of Article 11 shall be amended. along with
Appendix A, to remove the lump sum payment of $1,500, and by including the following
schedule ofpayments for all employees on the payroll as of January 1, 2017, to be paid
simultaneously with the ?rst pay check in December of each year of the agreement:

2017: $2,000
2013: $2,200
2019: $2,400
2020: $2,600
2021: $2,800
2022: $3,000

6. Article 1 Holidays: Subsection (C) of Article 1 1 of the agreement shall also be

10.

ll.

amended to provide that any employee hired after January 1, 2017' shall receive a pro-
rated amount of the applicable Holiday pay in the first year of employment to be paid in
the first pay check following hire, and that they shall receive the full amount of the
annual Holiday pay every year thereafter.

Article 13 Clothing Allowance: Subsection (A) shall be amended to provide for a
$1,050 annual equipment allowance for all employees assigned to the Bureau of Criminal
Investigation, which shall be paid simultaneously with the ?rst paycheck in July of each
year ofthe agreement without the need for the submission of a voucher. Any employee
who is assigned to the Bureau of Criminal Investigation after July 15t in any given year
shall be entitled to receive the full $1,050 allowance in first pay check after the
completion of thirty (30) days in the unit.

 

Article 13 Clothing Allowance: Subsection (B) shall be amended to remove the
requirement that prior department head approval be obtained.

Article 13 Clothing Allowance: Subsection (C) shall be amended to provide for a
$950.00 allowance for employees assigned to the narcotics unit as deputy sheriff, so long
as they work more than 30 days in that assignment, and by removing the requirement that
a voucher be submitted and approved by the department head. It shall also be amended
by adding language which requires that this allowance be paid simultaneously with the
first pay check in July of each year of the agreement. Any employee who is assigned to
the Narcotics Unit after July in any given year shall be entitled to receive the full
$950.00 allowance in hist'her first pay check after the completion of thirty (30) days in the
unlt.

 

Article 13 Clothing Allowance: A new Subsection (D) shall be added to this Article of
the agreement to provide for a $200 annual equipment allowance for all employees to be
paid simultaneously with the ?rst pay period in July ol?each year ofthe agreement.

 

Article 13 Clothing Allowance: A new Subsection (E) shall be added to this Article of
the agreement to re?ect the following "24/0365 (Law Enforcement)? allowance for all

 

employees, which shall be payable in equal installments throughout the year as part of the
employees? regular pay:

2017: $1,000
2018: $1,200
2019: $1,400
2020: $1,600
2021: $1,800
2022: $2,000

12. Article 13 Clothing Allowance: A new subsection (F) shall be added to this Article of
the agreement to include the terms and provisions of paragraph of the eliminated
Appendix relative to the allowable stipend for ?Additional Celtifications and Levels
of EMS Training?.

13. Article 10 - Longevity: Subsection (B) of this Article of the agreement shall be amended
to provide that employees will be entitled to the following longevity payments for years
of continuous service, and based on the year of the contract in which they reach those
speci?ed years:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7 Years
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
$1,200 $1,300 $1,400 $1,500 $1,600 $1,700
12 Years
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
$1,600 $1,200 $1,800 $1 ,900 $2,000 $2,100
17 Years
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
$2,050 $2,150 $2,250 $2,350 $2,450 $2,550
20 Years
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
$2,500 $2,600 $2,700 $2,800 $2,900 $3,000

 

 

 

 

 

 

 

 

 

 

14.

ll).

16.

Appendix shall be eliminated from the Agreement.

Article 18 - Retirement Plans: The terms and provisions of paragraph of the
eliminated Appendix shall be substituted for the language currently contained in
Subsection (C) ofthis Article.

Article 9 Hours of Work: Subsection (B) of this Article of the agreement shall be
amended to specify that employees assigned shifts shall be as follows:

Line: 11:30 p.111. to "3:30 am.
Line: 7:30 am. to 3:30 p.111.
Line: 6:00 a.m. to 2:00 p.111.
Line: 8:00 am. to 4:00 pm.
?13-9 Line: 9:00 am. to 5:00 pm.
?B-12?Line: 12:00 pm. to 8:00 p.111.
Line: 3:30 pm. to 11:30 p.111.
Line: 2:00 p.111. to 10:00 pm.
Line: 4:00 p.111. to 12:00 am.
Line: 7:00 p.111. to 3:00 am.

Unit scheduling shall be as follows:

Road Patrol: Line, Linc. Line

Line
Narcotics: Line, ?3-12? Line, Line, Line
Civil: Line

Operations: Line. ?13? Line. Line

Department of Social Servicestounty Security: ?13-8" Line. Line to follow the
hours of operation of the Department of Social Services. not to exceed 8 hours in a given
work day. Any additional time required to be worked over and above 8 hours in any
work day shall be paid in accordance with Article herein.

Youth Bureaurshall be any combination of above hours to coincide with the assigned
school?s academic calendar and the hours of operation of the school to which they are
assigned. not to exceed 8 hours in a given work day. Any additional time required to be
worked over and above 8 hours in any work day shall be paid in accordance with Article
herein.

The above shift schedules will be used as a guide: work shifts can be modified at the
discretion of the Sheriffin times of necessity.



18.

19.

21.

Article 9 Hours of Work: Subsection shall be amended to include language that
clarifies the fact that the work schedule for certain employees may provide for five (5)
days on and two (2) days off based upon assignment. Those designations are the 151
Sergeant and the members of the following divisions: Civil, BCI and Operations. as well
as assignments to the Youth Bureau and Department of Social Services.

Article 9 Hours of Work: Subsection of this Article of the agreement shall be
amended as follows: ?The standard work year shall constitute two hundred and forty-nine
work days per work year. or two hundred and fifty in a leap year, beginning January 1
and ending December 31 (which already accounts for the 12 holidays which employees
are entitled to under Article 11 of the agreement). This number is calculated as follows:

Total days in a year: 365 (366)

Pass Days: 104
Holidays: 
249 (250)

Article 9 Hours of Work: Subsection of this Article of the agreement shall be
amended so that it reads as follows: ?The present work schedule provides for either four
(4) days on and two (2) days off or five (5) days on and two (2) days off. depending upon
assignment, resulting in a total of 243 or 244 scheduled work days per year (unless a leap
year. in which case there will be one more). As a result. each member shall be required
to work ?option days? of a sufficient number such that each member shall be scheduled
to work two hundred and forty-nine (249) days, or two hundred and ?fty (250) in a leap
year. Option days may be utilized by the Sheriff at hisfher discretion for any purpose
other than staf?ng for recognized holidays."

. Article 9 Hours of Work: Subsection of this Article ofthe agreement shall be

amended so that it reads as follows: "The Sheriff will schedule option days to be worked
prior to December 15? in the year in which they are owed. This will be done entirely at
the discretion of the Sheriff?.

Article 20 Miscellaneous: Subsection (C) ofthis Article ofthe agreement shall be
amended to require that. in the event that an employee must be scheduled for firearms
training on an off duty day. such employee will not receive compensatory time or pay at
time and one half. but rather. that it shall constitute an Option Day. as described in
Article 9.

ix.)
ix.)

. Article 22 - Procedure: Appendix shall be replaced by the policy attached
hereto.

23. Article 21 Drug and Alcohol Testing;I Procedure: Appendix shall be replaced by the
policy attached hereto.

24. Article 10 Direct Deposit: a new Subsection (D) shall be added to this Article requiring
all employees to receive their bi-tveekly paychecks via direct electronic deposit, and
providing that W-E forms will no longer be provided to employees in paper format, but
rather that they be made available tlu'ough the employee portal.

25. Article 26 Retroactivity: Subsection (B) of this Article shall be amended to provide
only that retroactive wage payments and other economic benefits will apply only to those
employees on the payroll ofthe County on the date that the Legislature ratifies the
Agreement.

26. Article 16 Sick Leave: Subsection (A) of this Article shall be amended by adding the
following language to the end of the existing language in this subsection: ?Sick time
hours in excess of 180 days (1440 hours) will not be lost. but Will be added to a
Department ?Sick Time Bank? to be allocated to P.B.A. members at the discretion of the
Sheriff.?

This Agreement is subject to rati?cation by the members of the bargaining unit and by
the Putnam County Legislature.

The parties further agree that in the event that this agreement is not rati?ed by either
party. then it may not be used in any future proceeding, including but not limited to, interest
arbitration.

Dated: March 16: 2017

ACCEPTED AND AGREED AS STATED ABOVE:

 

 

For the County of Putnam: For the Putnam County Sheriffs PBA:
(?Maia/7W ?f

yEllen Odell Date: Daniel ker ate 03% 7

County Executive 3, f9 . PBA President

?nk?

Donald B. Smith Date: 311411
Putnam County Sheriff

Approved as to form only: 
- I. - jxwL?m?m

Andrew C. Quinn
PBA Counsel

 

 CONTRACT

WHEREAS, the Putnam County Sheriff?s Benevolent Association and the County of
Putnam and Putnam County Sheriffare parties to a Collective Bargaining Agreement which
expired on December 31, 2016; and

WHEREAS, negotiations with the PBA for a new andfor amended CBA took were held; and

WHEREAS, the PBA, the Putnam County Sheriff and the County of Putnam ultimately came to an
Agreement concerning all of the terms and conditions of employment for its members for the period of
January 1, 2017 through December 31, 2022; and

WHEREAS, a Memorandum of Agreement dated March 16, 2017, was executed by
Putnam County Executive MaryEllen Odell, by the Putnam County Sheriff, Donald B. Smith, and the
President ofthe PBA, Daniel Hunsberger, in which the specific changes to the underlying Collective
Bargaining Agreement were outlined; and

WHEREAS, the Personnel Committee held a meeting on March 23, 201? to discuss the terms of
the and

WHEREAS, the Legislature is in agreement with the administration and the parties to the
Agreement that the MDA is in the best interests ofthe County of Putnam, the Putnam County Sheriff
and the Membership of the now therefore be it

RESOLVED that the Putnam County Legislature hereby approves and ratifies the Memorandum
of Agreement, dated March 16, 2017, which was entered into with the PBA for the period of January 1,
2017 up to and including December 31, 2022.

APPENDIX 

COUNTY OF PUTNAM

Drug and Alcohol Testing Procedure

SECTION 1-- PURPOSE

The purpose of the Drug and Alcohol Policy and Testing Procedure is to ensure:

A. A work environment where not only the citizens of the County of Putnam, Putnam
County Sheriff? Of?ce (Sheriffs andfor Of?ce) personnel, are free from the risk of personnel
who may be under the in?uence of alcohol or drugs while on duty or may be using illegal drugs;

13. The capability of all Sheriff?s Of?ce personnel to perform their assigned duties at
all times without being under the in?uence ofaleohol or drugs;

C. That members of the Sheriff?s Office share in the responsibility and
understanding that when members of this Department, who may be or are under the influence of

alcohol or drugs when reporting to duty or on duty, or who are using illegal drugs at any time,
hefshe is a detriment to themselves, other members of this Of?ce and to the citizens we are sworn to
protect. It is the obligation of all members to insure the safety of all concerned by reporting
such conduct;

D. That Sheriff?s Of?ce personnel are cognizant of the rami?cations of being under
the in?uence of alcohol or drugs when reporting for duty or while on duty, and the use of illegal

drugs at any time.

SECTION 2 DEFINITIONS

A. Covered Employees: All sworn of?cers of the Putnam County Sheriff?s Of?ce.
B. Medical Review Of?cer (MRO): A licensed physician (medical doctor or doctor of

 

osteopathy) responsible for receiving laboratory results generated by an employer's drug testing

program who has knowledge of the substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result, together with
hisi?her medical history and any other biomedical information.

C. Substance Abuse Professional (SAP): A licensed physician, L.C.S.W.,
C.A.S.A.C. or OASAS licensed counselor, as designated by the County's Substance Abuse
Provider, or a licensed or certi?ed social worker, employee assistance professional, or
addiction counselor (certi?ed by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or by the New York State Office of Alcoholism and
Substance Abuse Services, aka OASAS with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled substances-related disorders.

D. Designated Emplover Representative (DER): An employer or individual(s)
identi?ed by the employer as able to receive communications and test results directly from
medical review of?cers, BATs, screening test teelmicians, collectors, and substance abuse
professionals, and who, is authorized to take immediate actions to remove employees from
safety-sensitive duties and to make required decisions in the testing and evaluation processes.

E. Adulterated Specimen: A urine specimen into which the employee or someone

 

acting in concert with the employee has introduced a foreign substance.

F. Diluted Specimen: A urine specimen whose creatinine and speci?c gravity values

 

are diminished through the introduction of fluid (usually water) into the specimen either by the
employee's excessive consumption of ?uid(s) or by the direct action of the employee or someone

acting in concert with the employee.

G. Substituted Specimen: A specimen that has been submitted by the employee in

 

place of hisflier own urine.

is.)

H. Blood Alcohol Concentration (BAC): The alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential
breath test.

I. Evidential Breath Testing Device (EBT): An EBT approved by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed
on NHTSA's ?Conforming Products List of Evidential Breath Measurement Devices" (CPL) as

amended.

J. Breath Alcohol Technician (BAT): An individual who instructs and assists

 

individuals in the Alcohol testing process and operates an EBT.

K. Substance Abuse and Mental Health Services (SAMHS): Formerly National

 

Institute ofDrug Abuse.
L. Department of Health and Human Services (DHHS):
M. MA substance defined in Subdivision 13 of Section 3302 of the New York
State Public Health law, including but not limited to a controlled substance listed in Section
3306 of said Law.
N. Illegal Drug: Any drug used or possessed by an employee under circumstances in
which such use or possession constitutes a violation of any statute or regulation.
0. Reasonable Suspicion: Must be based upon contemporaneous, articulable
observations of employee behavior, appearance, physical coordination, speech. statements andfor
odors which are reasonably associated with drug or alcohol ingestion or use.
Articulable observations are those that are capable of being described and documented in written

form; they do not include suppositions, speculation or whim.

SECTION 3 PROHIBITIONS

A. Alcohol Prohibitions

 

Employees must not:

La."

0 Report for duty or remain on duty while having a Blood Alcohol Concentration
(BAC) of 0.02% or higher;

0 Consume or ingest alcohol while on duty, use, or be under the in?uence of
alcohol except for the securing of evidence or while acting under proper and
speci?c orders from a superior of?cer of commissioned rank;

- Refuse to submit to a required alcohol test in accordance with this policy and
procedure;
- Refuse to submit to any test administered for the purpose of determining BAC in

accordance with this policy and procedure.

B. Drug Prohibitions

Employees must not:

0 Report for duty or remain on duty when the employee uses. misuses or is under
the influence of any illegal drug described in this policy.

I Report for duty or remain on duty when the employee misuses any prescription
drug identi?ed in Section 6 ofthis policy.

- Refuse to submit to any test administered for the purpose of determining
controlled substance use.

0 Adulterate, substitute or dilute any required specimen.

SECTION 4 -- TESTING

A. Pie-Employment:
Conducted before applicants are hired.

B. Random:

Random drug and alcohol testing shall be conducted pursuant to the procedures and

guidelines set forth herein

Reasonable Suspicion:

 

Conducted when an employee's behavior or appearance is observed and that behavior is
characteristic of alcohol misuse or the in?uence of a drug. Reasonable suspicion is de?ned in
Section 2, Paragraph 0.

C. Post-Accident:

All Employees will be required to follow the following procedures whenever they
are involved in any type of motor vehicle accident: Drug and alcohol testing will be based
upon reasonable suspicion. Post~accident screenings may be administered as authorized by
law.

D. Return to Duty:

All employees who have been found to have engaged in prohibited conduct regarding
drug use andt?or alcohol misuse shall undergo a ?Return to Duty" drug test andfor alcohol test with
a verified negative result, after completion of any recommended treatment program or action
before being permitted to return to work

Fl. Follow-Up:

Following a positive test for alcohol use and subsequent return to work, unannounced
follow-up alcohol andz'or drug testing will be required. A minimum of six (6) follow-up drug
and/or alcohol tests will be administered in the ?rst twelve (12) months after return to duty. An
employee may be subject to follow-up testing for no more than up to sixty (60) months after

return to duty upon the recommendation made by the Substance Abuse Professional.
SECTION 5 DRUG TESTING

A. Testing for drugs will be conducted by urinalysis.

If the employee tests positive, the MRO will provide the employee with a copy of the test results.

13. The current drug and alcohol testing provider is Partners in Safety. The County will

5

notify the union upon any change in the provider.

C. Drug Testing: Drug testing will be conducted by analyzing an employee's urine
specimen. The analysis will be performed at laboratories certified and monitored by SAMHSA
and DHHS, The employee will provide a urine specimen in a location that affords privacy; and
the "collector? seals and labels the specimen, complete a custody and control form (CCF) and
prepare the specimen and accompanying paperwork for shipment to a drug testing laboratory in
the presence of the employee. The specimen collection procedures and chain of custody will
ensure that the specimen's security, proper identi?cation and integrity are not compromised. Drug
testing will include split specimen procedures. Each urine specimen will be subdivided into two
bottles labeled as a ?primary? and a "split" specimen. Both bottles will be sent to a laboratory.
If the analysis of the primary specimen con?nns the presence of illegal or controlled substances,
the employee has ?2 hours to request the split specimen be sent to another SAMHSAIDHHS
certi?ed laboratory for analysis at the employee?s expense. Ifthe split specimen proves to be
negative, the County will pay the expense. This split specimen procedure essentially provides the

employee with an opportunity for a "second opinion 

D. The Medical Review Of?cer (MRO) is responsible for:
The Notification Procedure

Upon a positive test result, the MRO must contact the employee directly on
a confidential basis and determine whether the employee wants to discuss
the test result. In making the contact the MRO must explain to the employee
that if hei?she declines to discuss the test result the MRO will verify a
positive result.

The MRO must attempt to reach the employee using the day andlor

evening phone numbers provided on the custody and control form (CCF),
over a period of at least 24 hours using reasonable efforts.

Documenting the attempts to contact the employee with dates and times.

Contacting the Designated Employer Representative (DER).

SECTION 6 -- TESTING STANDARDS

The must provide a urine specimen that will be analyzed by a certified laboratory
for the presence of the following controlled substances in the indicated amounts:

Substance Initial Con?rmatory

MarijuanafTHC 50 ng/ml 15 ng/ml

Cocaine 300 ng/ml 150 

(PCP) 25 ng/ml 5 ng/ml

Amphetamines 1000 500 ng/ml amphetamine and
methamphetamine

Opiates 2000 ng/ml 2000 ng/ml morphine and codeine
10 ng/ml 6 aeetylmorphine

BarbiturateszAR 300 150 ng/ml

BenzodiazapineszZO 300 giml 150 ng/ml

BuprenorphinefBUP 10 ng/ml 5 ng/ml

MethadoneIMTD 300 rig/ml 150 ngt?rnl

OxycodonelOXY 100 Jig/ml 50 ngr?ml

PhencyelidinefPCP 25 ng/ml 5 ng/ml

PropoxypbenefPPX 300 ng/ml 150 ng/ml

Tricyclic Antidepressants 1000 500 ng/ml

Methylenedioxymethamphetaminc 500 ngr?ml 250 ngz?ml

SECTION 7 -- ALCOHOL TESTING
Alcohol tests will be conducted using evidential breath testing (EDT) devices approved by
the National Highway Traf?c Safety Administration (NHTSA).
Preliminary screening tests may be conducted by using approved instruments for administering
?eld sobriety tests to licensed motor vehicle operators. Two breath tests (in addition to a
preliminary screening test, if used) are required to determine if a person has a prohibited alcohol

concentration. A screening test is conducted ?rst. A test result indicating less titan 0.02% alcohol

7

concentration is considered a "negative" test. If the alcohol concentration is 0.02% or greater, a
confirmation test must be conducted (not less than 10 minutes or more than 20 minutes after the
first screening test). The employee and the breath alcohol technician must complete the
alcohol testing form to ensure that the results are properly recorded. The confirmation test, if
required, must be conducted using an EBT that prints out the results, date and time, a sequential

test number and the name and serial number of the BET to ensure the reliability of the results.

SECTION 8 -- TESTING PROCEDURES

A. Reasonable Suspicion Drug Testigg

 

Employee must be transported to the testing facility. Upon completion of the testing the
employee will be transported home until the results are received by the (DER). Upon receipt of a
negative test result the employee will return to work without suffering a loss of wages or
bene?ts.

Upon receipt of a positive test result from the Medical Review Of?cer (MRO), the
employee will be evaluated by the Substance Abuse Professional (SAP) and a recommendation
will be made. An employee who tests positive shall be subject to Section 11 herein. Before
returning to work the employee must successfully complete the recommended course of
treatment. Upon successful completion of this treatment, the employee must submit to a "Return to

Duty" test with a veri?ed negative result.

B. Reasonable Suspicion Alcohol Testing
The County will be responsible for transporting the employee to the collection facility and
to the employee's home, if necessary. Upon receipt of a negative test result, the employee will
return to work without suffering a loss of wages or benefits.
Upon receipt of a positive test result from the Breath Alcohol Technician (BAT), the employee

will be transported home and is not eligible to return to work until evaluated by the Substance

Abuse Professional (SAP) and a recommendation is made. Before returning to work the employee
must successfully complete the recommended course of treatment. Upon successful completion of
this treatment, the employee must submit to a ?Retum to Duty" test with a verified negative result.
C. Training
Supervisors and other persons designated to determine whether ?reasonable suspicion"
exists to require a member to undergo "reasonable suspicion testing? must receive at least one
hour of training on controlled substance use, which they will use in making their determination.

New Supervisors shall receive such training within 6 months oftheir appointment.

D. Follow-Up

Positive test results require the employee to submit to a minimum of six (6) follow-up
tests for drug andfor alcohol use during the ?rst 12 months following the initial positive test
result. The Substance Abuse Professional (SAP) may also require follow-up tests for up to sixty
(60) months after return to duty.

E. Test Results

All records are considered confidential and will not be shared with any person or agency
not part of this procedure. Test results and other confidential information will only be released to

the Designated Employer Representative (DER), Medical Review Of?cer (MRO), and the
Substance Abuse Professional (SAP) who evaluates the extent of the problem. The covered
employee is entitled to obtain copies of any records concerning hisfher use of drugs or alcohol,
including any test records. If disciplinary action is commenced, 01' if a covered employee
initiates a grievance, hearing, lawsuit, or other action, the County may release this information to

the relevant parties.

SECTION 9 -- CONSEQUENCES FOR REFUSAL OR A POSITIVE
TEST RESULT

All covered employees must submit to drug and alcohol testing pursuant to this policy.
Refusal to submit to testing is prohibited. The consequences for a refusal are therefore the same as
if the person had subtnitted to testing and had a positive test result. Speci?cally, upon a refusal,
the employee will be referred to a Substance Abuse Professional, through Partners in Safety, and
will not be permitted to return to work until cleared to do so by said SAP with the concurrence
ofthe Sheriff.

The following actions may also constitute a refusal:

Failure to show up for any test within a reasonable time after being directed to do so
by the employer.

Refusal to sign the certification provided by the Technicians.

Deliberate failure or refusal to provide adequate breath or urine sample If the
employee is unable to provide an adequate breath or urine sample, the County
shall direct the employee to obtain an evaluation from a licensed physician,
acceptable to the County, as soon as practical to determine the employee's
medical ability to provide an adequate breath and/or urine sample If the
physician determines that a medical condition did (or could have) prevented the
employee from providing an adequate sample, the failure shall not constitute a
refusal. However, if the physician is unable to make such a determination, the
employee?s failure shall constitute a refusal.

Engaging in conduct that clearly obstructs the testing process, adulteration,
substitution or dilution of specimen.

Feigning illness after notification oftesting.

SECTION 10 ALCOHOL TEST CONSEQUENCES

A. A test measurement of less than or equal to .019 alcohol concentration will allow

the employee to return to work.



A test measurement of 0.020 to 0.049 alcohol concentration will cause the employee to be relieved
from duty for that tour. The employee may be subject to discipline. The employee will be allowed to
return to work at the next assigned tour when that employee is tested immediately prior to
returning to work and the results ofsuch testing indicate the employee has 0.00 concentration. Any
employee who tests positive twice within these parameters (0.020 to 0.049) during a twenty-four
month period shall be subject to discipline.

B. A test measurement of 0.050] or greater will cause the employee to be subject to
discipline. Prior to retuniing to work, an employee must receive a certi?cation from a Substance
Abuse Professional (SAP) that the employee is able to perform their full duties. Any member who
tests positive twice with these parameters {0.051 or greater) during a twenty-four (24) month
period may be immediately terminated from employment with the Department, subject to the
discretion of the Sheriff who may impose other discipline short of termination in his sole and
exclusive discretion both without recourse under the collective bargaining agreement or Section

75 of the NYS Civil Service Law.

C. Any employee who refuses an alcohol test shall be treated as testing positive with
an alcohol content of 0.051 and shall be subject to the consequences articulated in Section

above.

SECTION II -- DRUG TEST CONSEQUENCES

A. Consequences for a Positive Test Result for an Illegal Drug

l. A positive drug test will result in discipline, which may include termination.

2. In lieu of 1 above or in conjunction with 1 above, the County, at its discretion, for an
employee who was referred by the SAP for treatment may enter into a Rehabilitation
Agreement, and a release permitting the County to obtain the employee's treatment records. The
employee will be expected to comply with all treatment recommendations set forth in the

Rehabilitation Agreement as a condition of further employment. An employee may be

1]

immediately terminated from employment with the Department for failure to follow treatment
recommendations, subject to the discretion of the Sheriff who may impose other discipline short
of termination in his sole and exclusive discretion both without recourse under the collective

bargaining agreement or Section 7'5 of the NYS Civil Service Law.

4. During the period of treatment, the employee will be eligible to utilize all
available sick leave provided the employee is being treated on an in-patient basis. After utilizing
all available sick leave, the employee may utilize his or her, personal, holiday and vacation leave.
Thereafter, the employee shall not otherwise be compensated during the period of treatment of
said employee's absence. Employees who test positive will be allowed one opportunity for
treatment and counseling. Once the individual returns to duty, unannounced follow-up tests shall
be conducted at such frequency and for such duration of time as the recommends. All
follow-up tests shall be given at any time during an employee's shift, or no more than thirty
minutes before, or thirty minutes after an employee's shift. A positive test following the
employee's return to work may result in an employee?s may being immediately terminated from
employment with the Department, subject to the discretion of the Sheriff who may impose other
discipline short of tennination in his sole and exclusive discretion both without recourse under the
collective bargaining agreement or Section 7?5 of the NYS Civil Service Law.. The employee shall
bear the cost of all follow-up tests. The employer shall bear the costs of the SAP and of any
compliance monitoring (monitoring the employee's following of the treatment recommendations
set forth in the Rehabilitation Plan)

5. An employee who has a positive test may be subject to disciplinary action
separate and apart from the employee's removal from duty. The County may, at its discretion,
suspend any disciplinary action while an employee is undergoing inpatient substance abuse
treatment. The suspended disciplinary action will remain pending during treatment and for a

period after completion of the treatment as determined by the SAP. At the end of the suspension

19

period, the disciplinary action may be continued or withdrawn.
6. The employer is not required, and will not provide, rehabilitation pay for
treatment or counseling aside from that set forth in such employee's medical insurance program.

B. Consequences for a Positive Test result for Any Other Drug
Articulated in Section 6

1. An employee who test result is positive for the levels of the drugs articulated in Section
6 above, which are not illegal but are administered in accordance with a prescription, shall be
subject to the following procedures.

2. Where a positive test result is received, the employee shall be inunediately relieved
from duty for that tour. A valid prescription, the actual medication bottle or a print out from the
pharmacy which dispensed the drug which was found to be present in the employee?s system will be
presented to the Sheriff within one (1) business day of such test. Where the test results are in
accordance with such a prescription, the employee will be allowed to return to work at the next
assigned tour. Where the test results indicate that a higher level of the drug was present in the
employee?s system than was prescribed, the employee maybe subject to the procedures outlined in

Section 1 1 above, subject to the discretion of the Sheriff.

SECTION 12 VOLUNTARY TREATMENT

A. Where a permanently appointed member, or the union president or hisfher
designee, on a members? behalf, voluntarily informs the Sheriff that hefshc is experiencing
problems with drug use, who has not previously been the subject of a disciplinary penalty,
for drug use and has been involved in any conduct or occurrence which would require the
member to be tested pursuant to this policy, that member will be afforded the opportunity to
participate in a drug rehabilitation program, rather than being subjected to disciplinary
action under this policy. Enrollment in a drug program in lieu of disciplinary action shall

only be available, where the member has never previously tested positive for drug use

I3

while employed by tlte County.

B. An unpaid leave of absence for treatment on an inpatient or outpatient basis
will be granted for a period not to exceed sixty (60) days. The Sheriff may approve an
additional leave at his sole and exclusive discretion. The member may use accumulated sick
time, vacation time, holidays, and other accrued leave time. The terms of the policy
relative to said absences are not meant to affect or diminish those rights an employer or a

member would otherwise be entitled to pursuant to Civil Service Law.

C. A member who chooses to participate in an outpatient program and who does
not wish to take a leave of absence, may, at the discretion of the Sheriff, provided the
Sheriff has a written document from the program that the of?cer is cleared for duty for a
defined temporary period, continue with his/her duties either on regular assignment,
reassignment or limited duty as deemed appropriate by the Sheriff at his/her sole
discretion. Nothing herein shall be deemed to create a right on the part of a member to
limited, reassigned or light duty. Such reassignment, light or limited duty shall only be
provided ifthe Sheriff deems it available within the Department. Reassignment, light

or limited duty may not be assigned without consultation with the Department of Law.

D. Return to work after completion of the program may only occur upon
certification from the program that the member has satisfactorily participated in the
program, that the program recommends return to regular assignment and that there is
proof of no drug use for a period of two (2) weeks prior to return to work. Upon return to
work, the member is subject to random drug tests pursuant to the recommendation of the
SAP. The ?nal decision as to whether to permit a member to return to work shall be made
by the Sheriff within two (2) weeks after receipt of the information from the program. In
the event the Sheriff determines not to permit the member to return to work, any action

taken by the County to implement this determination must be in accordance with any rights
14

the member has pursuant to New York State Civil Service Law andfor the applicable
collective bargaining agreement.

E. Any member who voluntarily chooses to participate in a program but fails
to successfully complete the program or be for return to work by the
program or the Sheriff shall be subject to other actions, including disciplinary
action. Before any such action is taken or commenced, there shall be a meeting with the
member. a union representative, and if requested by the member his legal counsel, and the
Sheriff or hisfher designee to discuss the member's failure to complete the program. The
program shall provide a progress report indicating whether or not the member is
complying with the treatment program. Also, a discharge report may be requested which

would indicate whether any follow- up treatment was necessary.

F. A member who returns to work after completion of the program and who
subsequently tests positive for any of the drugs identi?ed in Section 6 of this policy will be
immediately suspended from service without pay and may be immediately temtinated from
employment with the Department: subject to the discretion of the Sheriff who may impose
other discipline short of tennination in his sole and exclusive discretion both without
recourse under the collective bargaining agreement or Section 75 of the NYS Civil Service

Law.

APPENDIX 

COUNTY OF PUTNAM
GENERAL MUNICIPAL LAW SECTION 207-e PROCEDURES

Section 1. Applicability

Section 20??e of the General Municipal Law ?207-e?) provides a Deputy
Sheriff

?who is injured in the performance of his duties or who is
taken sick as a result of the performance of his duties so as
to necessitate medical or other lawful or remedial treatment
shall be paid by the municipality by which he is employed
the full amount of his regular salary or wages until his
disability arising therefrom has ceased and, in addition, such
municipality shall be liable for all medical treatment and
hospital care necessitated by reason of such injury or
illness.?

The following procedures shall regulate the application and benefit award process

for 207-e bene?ts.

Section 2. De?nitions

A. Employer: County of Putnam and the Putnam County Sheriff

B. Sheriff: The Sheriff of the County of Putnam or hisfher designee

C. Claimant: Any sworn Deputy Sheriff who alleges to be injured in the

performance of hist?her duties or who alleges to be taken sick as a result of the
performance of his duties. For the purposes of this procedure} a claimant shall be deemed
to be a party.

D. Claims Panel: Will consist of designees of the Employer. The current
designees are the Director of Personnel, Captain of the Civil Division and the Senior
Deputy County Attorney for Risk and Compliance. The FDA President shall be advised
of any change to the identity of the individual members of the panel.

Section 3. Application for Bene?ts

A. Any Claimant who is injured in the performance of his duties, or is taken
sick as a result of the performance of his duties, shall notify hisfher supervisor as soon as
possible and may ?le a written Application for 207-e bene?ts on the form prescribed by
the County and attached hereto at the end of the shift of the incident giving rise to the



injury or illness unless physically incapable of doing so. The ?ling of such an
Application does not negate the requirement that an Employee Report of Work Related
Injury and a P-l Incident Report be ?led in accordance with Department policy.
Immediately upon being noti?ed of such illness or injury, the supervisor shall notify the
Sheriff of same through the chain of command. The Claimant shall ?le an application
with the Sheriff and Claims Panel within seventy-two (72) hours of becoming aware of
the injury or illness. If the Claimant is medically incapacitated, the Claimant?s Supervisor
shall ?le the written incident report. In the event that a Claimant fails to notify his/her
supervisor, fails to ?le the required incident report within the time articulated in the
Department?s rules and regulations, or fails to?le an application within the required
seventy-two hours, the Claims Panel may nonetheless consider an application.

B. The incident report and Application shall include the following
information:

the time, date and place ofthe incident;
(ii) a detailed statement of the facts surrounding the incident;

the nature and extent (in as much detail as possible) of the
Claimant?s injury or illness; and

(iv) any possible witnesses to the incident.

C. Where the claimant?s injury or illness prevents hint/her front ?ling the
Application for GML ?207?c bene?ts, an application for GML ?207?c bene?ts may be
?led on behalf of a Claimant by the PBA within ten (10) calendar days of either the date
of the incident giving rise to the claim or of the date of the discovery of any incident
which produced the injury or illness. The Claims Panel may excuse the failure to ?le the
application within the ten (10) calendar day period, upon a showing of good cause.

D. All applications for GML ?207-c bene?ts shall be made in writing, using
of?cial application form(s).

E. It is the Claimant?s burden to establish entitlement to GML ?20?-c
bene?ts. As such, a Claimant must cooperate with the Employer and provide all
necessary information, reports and documentation and submit to examinations at such
times and places designated by the Claims Panel.

F. The procedures set forth herein shall also govern a claimed injury or
illness or any claimed re-injury, reoccurrence or aggravation thereof arising from an
incident occurring in the performance of duties. In any such case, the claimant shall state
in the Application that the claimed injury or illness relates to a previously reported
incident and state the date thereof.

Section 4. Authority and Duties of Claims Panel
A. The Claims Panel shall have the following powers and authority:

The Claims Panel shall have the sole and exclusive authority to
determine whether a Claimant is entitled to GMT. ?207-c benefits. In making the
determination, the Claims Panel shall examine all of the facts and circumstances giving
rise to the application for such benefits.

(ii) The Claims Panel, acting through any of its members, may, in its
discretion, direct a claimant to immediately undergo medical review of the claimed injury
or illness and shall be able to do so throughout the duration of the claim. Said review
will be at a hospital, facility or doctor?s of?ce as may be designated by the Claims Panel
and his/her designee, including the County?s third party administrator.

hire and consult experts and specialists to assist in the rendering ol?
the determination of eligibility;

(iv) require the production of any medical document or record that
pertains to the Application, injury, or illness;

require the Claimant to submit to one (1) or more medical
examinations related to the illness or injury;

(vi) require the Claimant to sign HIPPA compliant forms for the
release of medical information that bears upon the Application;

(vii) require the attendance of the Claimant and all other witnesses for
testimony upon reasonable notice; and

do all that is necessary or advisable in the processing of said
Application.

It is the Claimant?s burden to establish entitlement to GML ?207-c benefits.
As such, a Claimant must cooperate with the Employer and provide all necessary
information, reports and documentation.

B. A determination by the Claims Panel of initial eligibility shall be made
within ninety (90) days of receipt of a complete application for bene?ts and supporting
documentation, based upon the investigation without holding a hearing.

C. The Claims Panel shall deliver or serve a mitten copy of the Claims
Panel?s decision upon the Claimant within ten (10) calendar days of said determination.
The written detennination shall set forth the reasons for the Claims Panel?s decision.

D. An appeal from an initial determination of the Claims Panel must be made
within ten (10) calendar days of receipt of the initial determination pursuant to the
procedures contained in Section 13 of the procedures herein.

Section 5. Con?dentiality

Medical authorizations andfor medical records provided by the Claimant
or the Claimant's treating andfor Employer?s examining physician shall be used solely by
the Employer andfor Employers? third party administrator to carry out its rights and
obligations under GML ?207-e, administering the contractual GML ?207-c procedures,
applications filed with the New York State Retirement System, or where release is
authorized or required by law. Such authorizations andz?or medical records shall be kept
and maintained strictly confidential and shall not be disclosed to or discussed with any
persons other titan the Sheriff, Claims Panel and other persons involved in and
responsible for making, or assisting in the making, andi?or litigating determinations of
eligibility for GML ?207ie bene?ts or said retirement application. Toward that end, such
records andl'or documentation shall be placed in a sealed envelope, delivered to the
Claims Panel and maintained in a medical ?le which is separate and distinct front the
Claimant?s personnel file and located in a separate locked cabinet. If necessary in order
to make a determination as to eligibility for GML ?207~e benefits or to return to light or
full duty, the Claims Panel and/or counsel may examine the medical records andfor
documentation received.

Section 6. Status Pending Initial Determination

A. The Claimant shall be placed on sick leave pending determination of
eligibility for Civil. ?207?c bene?ts. If the Claimant has no available sick leave the
Claimant may use vacation, personal leave, or compensatory time to remain on the
payroll. In the event that an initial determination is not made within the required ninety
(90) day period, the Claimant shall be continued in pay status until a determination is
made.

Section 7. Status Post Initial Determination

A. In the event that it is determined that the Claimant is entitled to GML
?20??c bene?ts, the Employer shall credit back to the Claimant all leave and back-pay if
member had exhausted accrued time off and was off payroll as a result of the injury or
illness which was expended prior to the determination.

B. in the event that it is determined that the Claimant is not entitled to GML
?207-c benefits, the Claimant will be permitted to use accrued sick leave, vacation,
personal leave, and compensatory time in accordance with the applicable contractual
provisions and depattmental rules pertaining to the use of such leave.

C. While out on 207-c, the Claimant should remain at home during
Claimantis normal tour of duty for the purpose of rehabilitation and convalescenee, as

much as possible. The Claimant shall be permitted to leave Claimant?s residence during
Claimant?s normal tour of duty for necessary medical activities, such as physician
appointments and ?lling prescriptions, without having to seek prior permission.
However, should Claimant seek to leave Claimant?s residence during Claimant?s normal
tour of duty, for reasons unrelated to necessary medical activities, Claimant shall call and
seek permission from the Sheriff or the Sheriff?s designee, which permission shall not be
unreasonably denied. Reasons unrelated to necessary medical activities for leaving
Claimant?s residence during Claimant?s normal tour of duty are expected to include
attendance at family outings, professional association meetings, PBA meetings and
events, and law enforcement functions.

Section 8. Medical Treatment

A. After the ?ling of an application, and notwithstanding an early directive
for immediate medical evaluation, the Claims Panel may require a Claimant to submit to
one (1) or more medical or other health examinations as may be directed by the Claims
Panel, including examinations necessary to render an initial or ?nal determination of
eligibility, examinations or inspections conducted to determine if the Claimant has
recovered and is able to perform light duty or his/her regular duties, andr?or examinations
required to process an application for disability retirement. Such treatment may include,
but is not limited to, medical andfor surgical techniques deemed necessary by the
appointed physician(s). Any GML ?207-c Claimant who refuses to accept such medical
treatment or examination without a reasonable justi?cation to decline the proposed
treatment shall be deemed to have waived hisr?her rights under GML ?20?-c and this
Procedure after such refusal. All benefits will cease and the Claimant will be placed on
sick leave status. An employee who has been deemed to have waived his/her rights under
this section may appeal, within twenty (20) calendar days of such refusal, and request a
hearing pursuant to Section 13 of these procedures.

(ii) Any notice to attend a medical examination sent by the County?s
third party administrator shall be deemed an Order by the Sheriff, the refusal of which,
shall be deemed insubordination and subject the Claimant to disciplinary action in
accordance with the collective bargaining agreement.

Any request by the Claimant for an alternative date and time to
attend a medical examination or any reasonable justi?cation to not attend such medical
examination shall be sent by the Claimant directly to the Sheriff for his consideration and
approval, which approval shall not be unreasonably withheld

B. Medical Reports. The Claimant and all physicians, specialists and
consultants treating a Claimant shall be required to ?le a copy of any and all reports
relied upon by claimant in furtherance of histher 207-c claim and any other medical
reports which impact the treatment of same with the Claims Panel. The Claimant shall
execute all necessary releases and HIPPA compliant forms and shall be responsible for
the ?ling of said reports. The Claimant may request that a copy of the medical reports be
filed with the Claims Panel. The medical reports which are ?led shall remain

con?dential and shall only be released for purposes of administering the procedures
herein or applications filed with the New York State Retirement System.

C. Payment for Medical and Related Services. A Claimant approved to
receive GML ?20?-e bene?ts must notify the Claims Panel of expenses for medical
services, hospitalization, or other treatment alleged to be related to the injury or illness
giving rise to the claim. To the extent practicable, notice shall be made prior to the
incurring of the expense.

D. No claim for surgical operations or physiotherapeutic procedures costing
more than $1,000.00 shall be paid unless they were required in an emergency, or
authorized in advance by the employers third party administrator or County designee, or
authorized by law. Determinations of the Claims Panel under this paragraph shall be
based upon medical documentation.

E. Bills for medical services, drugs, appliances or other supplies will require
?ling a copy of the medical bill andt?or prescription by a doctor with the Claims Panel for
the particular items billed, stating thereon that the items were incurred as a consequence
of the injury or illness upon which claim for benefits is based.

Section 9. Light Duty Assignments

A. As authorized by the provisions of Subdivision 3 of GML ?207-c, the
Department, acting through the Sheriff, or the Sheriff's designee, may assign a Claimant
specified light duties, consistent with hisfher status as a Deputy Sheriff.

B. The Sheriff, or the Sheriff's designee, prior to making a light duty
assignment, shall provide the Claimant receiving the bene?ts under GML 207-c, no less
than two (2) business days? notice that hisfher ability to perform a light duty assignment
is being reviewed. Such a Claimant may submit to the Sheriff, or the Sheriff designee,
any document or other evidence in regard to the extent of hisr?her disability.

C. The Sheriff, or the Sheriff?s designee, may cause a medical examination or
examinations of the Claimant to be made at the expense of the Employer. The physician
selected shall be provided with the list of types of duties and activities associated with a
proposed light duty assignment and shall make an evaluation as to the ability of the
disabled Claimant to perform certain duties or activities, given the nature and extent of
the disability. Upon review of the medical assessment of the Claimant's ability to
perform a proposed light duty assignment and other pertinent infonnation, the Sheriff, or
the Sheriffs designee, may make a light duty assigrunent consistent with medical opinion
and such other information as he or she may possess. A Claimant ordered to light duty
shall be provided with a copy of the detailed light duty statement and the medical report
supporting the order to light duty.

D. Further, if 3. Claimant is ordered to light duty and refuses said order 
he/she fails to provide medical documentation contesting said light duty, hisfher benefits

will cease until a determination is made pursuant to Section 13 of this procedure with
regard to the Claimant?s physical ability to perform the light duty assignment.

E. In the event the Claimant provides medical documentation to contest the
light duty order, the bene?ts of GMI. will continue until a light duty hearing is
held and a determination is made.

F. Medical documentation shall be defined herein as a Return to Duty Form
on the form prescribed herein and attached hereto which shall be completed and signed
by the Claimant?s treating physician and does not include a note from a physician?s
assistant, chiropractor, nurse, or other individual who does not hold an MD. A treating
physician?s testimony may also be used as a basis to retum to work. It is understood that
assignment to light duty is in the nature of a ?temporary? assignment and that a Claimant
so assigned does not have any entitlement to a continued light duty assignment for an
inde?nite duration of time.

Gr. While a Claimant continues on leave after an order to return in a light duty
assignment pursuant to the provisions above, the Claimant shall be con?ned to his or her
home during his or her scheduled work hours, except when medically necessary to leave
the residence for purposes of obtaining medical care, e. to attend doctor?s appointments
aitdfor therapy sessions, for diagnostic testing, to pick up prescriptions at a pharmacy and
similar medically necessary activities. For purposes of this Procedure, the scheduled
work shift of the Claimant while on leave shall be determined by the Employer. The
Claimant shall telephone the on-duty supervisor to report when he or she leaves from and
returns to his or her residence during scheduled work hours for the authorized reasons set
forth above. In the event that permission is not granted by the oil?duty supervisor, the
Employee shall have the right to appeal said decision directly to the Sheriff who shall
have the ultimate discretion to either approve or deny the request.

Section 10. Changes in Condition of Claimant

A. Every GML ?20?-c Claimant shall be required to notify the Claims Panel
of any change in his or her condition which may enable the Claimant to return to normal
duties or be considered as eligible for light duty. This notice shall be made in writing
within forty-eight (48) hours of any such change.

Section 11. Right of Perpetual Review and Examination

A. The Claims Panel shall have the right to review the eligibility of every
GML ?207-c Claimant throughout the period during which bene?ts are received. This
right shall include, but shall not be limited to:

requiring Claimant to undergo medical examination by physician
or medical providers chosen by the Claims Panel;

(ii) requiring Claimant to apprise the Claims Panel as to their current
condition; and

requiring Claimants or any other involved parties to provide any
documentation, books, or records that bear on the Claimant?s case.

Section 12. Termination of Bene?ts

If, for any lawful reason, including but not limited to those reasons
speci?ed in these procedures, the Claims Panel determines that a Claimant is no longer or
was never eligible for bene?ts, the Claims Panel shall seek to terminate such bene?ts
pursuant to the provisions of Section 13 of these procedures. Notice of such termination
and the reasons therefore shall be served by mail upon the Claimant and the Sheriff.
Pending a determination with respect to the employee?s eligibility, the employee shall
continue to receive GML ?207-c bene?ts, unless otherwise so stated herein.

Section 13. Hearing Procedures

A. Hearings requested under the provisions of this procedure shall be
conducted by a neutral hearing officer selected from the Hearing Panel designated herein.
The hearing Panel shall be selected on a rotating basis from the following panel: Sheila
Cole, Jay Siegel and Howard Edelman.

B. Hearing Officers shall be available within thirty (30) days of designation.
If the Panel member is unavailable to conduct the hearing within the thirty (30) day
period, he or she will remain at the top of the list and the next Panel member on the list
will be chosen. If no members of the Panel are available within the 30-day period, the
parties may mutually agree upon another hearing of?cer or request that a Hearing Of?cer
be designated pursuant to the procedures of the American Arbitration Association. A
Hearing Of?cer who is unavailable more than three (3) times in a calendar year may be
removed upon the consent of both parties from the Panel and the parties shall mutually
agree upon a replacement.

C. With respect to the review of an initial determination of bene?ts, the
burden of proof shall be with the Claimant. In reviewing the initial determination, the
Hearing Of?cer shall have no authority for a de novo review, but shall review the
determination of the County, based upon the record that was presented to the Claims
Panel and shall determine whether the denial of bene?ts was arbitrary and capricious.

D. The Claimant and Employer may be represented by a designated
representative and may subpoena witnesses. Each party shall be responsible for all fees
and expenses incurred by their representation. Either party or the Hearing Of?cer may
cause a transcript to be made. The party requesting the transcript shall pay the cost for
their own transcript. After the hearing, the Hearing Of?cer shall render a determination
which shall be ?nal and binding upon all parties. Any such decision of the Hearing
Of?cer shall be reviewable only pursuant to the provisions of Article 75 of the New York

State Civil Practice Law and Rules. The fees and expense of the Hearing Of?cer shall be
borne equally by the patties.

Section 14. Coordination with Workers? Compensation Bene?ts

Upon payment of GML ?207-c benefits, any wage or salary bene?ts
awarded by the Workers2 Compensation Board shall be payable to the Employer for
periods during which a Claimant received GML ?20?-c bene?ts. If the Claimant shall
have received any Workers? Compensation bene?ts hereunder which were required to be
paid to the Employer, the Claimant shall repay such bene?ts received to the Employer, or
such amounts due may be offset from any GML ?207-c benefits thereafter. Upon
tertnination of GML bene?ts, any continuing Workers? Compensation benefits
shall be payable to the Claimant. The parties shall not be bound by a determination of the
Workers? Compensation Board however evidence presented at the Worker?s
Compensation hearing can be used during the 207-c case.

Section 15. Discontinuation of Salary and Wage Bene?ts Upon Disability
Retirement

Payment of GML ?207?c bene?ts shall be discontinued with respect to
any Claimant who is granted a disability retirement pension as provided by law.

Section 16. Continuation of Contract Bene?ts

While on leave pursuant to GMI. ?207?c, for a period of three (3) months or less,
a Claimant shall continue to accrue all contractually entitled bene?ts holiday pay,
clothing allowance, sick leave, vacation andfor personal leave accruals) provided by the
Collective Bargaining Agreement. After three (3) months in any calendar year or
continuous period of time, the Claimant receiving GML bene?ts shall be entitled
only to the payment of salary, longevity and the County portion of the health insurance
premiums.

Section R?Iiscelianeous

A. A Claimant who is receiving medical treatment while working, shall make
every effort to schedule such medical examinations or treatment during non~work hours.
The Clainuutt shall authorize the Employer in uniting to assist in scheduling such
csantinations or treatments nith the health care providers {luring olldmurs in the event that
the Claimantis unable to do so themselves. Disputes regarding the application of this
provision shall be subject to labor management discussions between the Sheriff and the
union president.

B. It is speci?cally agreed and understood that any reference related to
General Municipal Law Section 207-e bene?ts is informational only, and is not intended
to reduce the bene?ts or rights contained in the statute or any amendments made thereto.

The intent is to read this procedure in conformity with General Municipal Law Section
20?-c. 

C. The parties agree that any disputes relating to the administration or
application of the provisions of this procedure shall be resolved through the hearing
procedure contained in Section 13 herein.

10

APPENDIX

New York State 8: Local Employees
Retirement System

1 10 State Street

Albany, New York 12244

To: The Comptroller of the State of New York

In compliance with Section 363 and Section 363?c of the Retirement Law
instructing me to notify your department of any and all injuries sustained in the line of
duty as a member of the Putnam County Sheriff?s Department, I hereby submit the
following report:

 

Name of injuredi?ill employee Registration Number

 

Address

 

Date of incident Time of incident

Description
of injury

 

 

 

Medical
care required

 

 

 

Remarks

 

 

 

Signature of Employee

 

Witness to injury

 

Date

11

Putnam County Sheriff?s Department
General Municipal Law Section 

 

 

 

Application

1.

Name
2.

Address
3. 4

Telephone number Age
5.

 

Name of supervisor

6

 

Current job title

7.

 

Occupation at time of injuryfillness

8.

 

Length of employment

9. ll}. 11.

 

 

 

Date of incident Day of Week Time

12.3.

 

Name of witness(es)

b.

 

ID.

 

13.a.

 

Names of co-employees at the incident site

 

 

12

14. Describe what the of?cer was doing when the incident occurred. (Provide as
many details as possible. Use additional sheets if
necessary.)

 

 

15. Where did the incident occur? Specify.

 

 

16. How was the claimed injury or illness sustained? (Describe fully, stating
whether injured person slipped, fell, was struck, etc., and what factors led up to or

 

contributed. Use additional sheets if
necessary.)
17. Is this a re?injury, reoccurrence or aggravation of a previously reported

injury or illness resulting from the performance of duty?
YES Date of previously reported injury or illness:
NO

18. When was the incident ?rst reported?

 

To whom? Time
Witness (if any)

 

 

19. Was ?rst aid or medical treatment authorized?

 

By whom? Time

 

 

20. Name and address of attending physician

 

 

21. Name of hospital

 

22. State nature of injury and part or parts of body affected

 

 

23. Will the of?cer be returning to duty?

 

When?

 

l3

Date of report
New York

 

 

Signature of injured of?cer

State of New York 
Count},r of Putnam 



being duly sworn, deposcs and says
that hefshe has read the foregoing notice and knows the contents thereof; that the
same is true to the knowledge of deponent except as the matters therein stated to be
alleged upon information and belief; and that as to those matters heishe believes to
be true; any false statements herein may subject the deponent to the penalties of

perjury.

 

Sworn to before me this
day of 20_

 

NOTARY PUBLIC

14

PUTNAM COUNTY
SHERIFF ?5 DEPARTMENT
RETURN TO DUTY FORIVI

Re: Employee Name:
Date of Incident:

 

 

I, being a medical professional duly licensed
to practice medicine in the State of New YOrk, do hereby certify the following under
penalties of perjury:

 

l. I am Board Certi?ed in the following areas(s):

 

3?9

Employee is currently under my care for the following diagnosed injury or
illness arising out of the performance of his/her duties:

 

 

 

 

3. I examined the Employee on the following date(s):

 

 

4. I have reviewed an order from the Putnam County Sheriff?s Department dated
which requires that the Employee return to work at
light duty with the following restrictions:

 

 

 

 

 

 

 

 

 

5. Employee isfis not able to work at light duty as ordered;

6. Employee can/cannot work the light duty position as ordered
with the following additional restrictions:

7. Employee?s prognosis is as follows:

 

 

 

 

8. Employee requires the following medical treatmenta?therapy, if any:

 

 

 

 

CERTIFICATION MUST INCLUDE A COPY OF ANY TREATMENT
NOTES AND DIAGNOSTIC REPORTS (E.G., X-RAYS, MRI SCANS, CT SCANS,

EMG STUDIES, ETC.) THAT WERE RELIED UPON IN MAKING THIS
CERTIFICATION.


Physician Signature Required

 

Physician Name:
Date of Certi?cation:

 

 

16