City Clerk FNeNo.

Res. 19-094
10.W

Agenda No.
Approved:.

TITLE:

RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF JERSEY CITY AND THE JERSEY CITY POLICE OFFICERS BENEVOLENT ASSOCIATION
COUNCIL,

offered and moved adoption of the following Resolution:

WHEREAS, a tentative agreement has been entered into after bargaining sessions by and

between the City of Jersey City and the Jersey City Police Officers Benevolent Association;
and
WHEREAS, it is the desire of the Municipal Council of the City of Jersey City to approve the
attached Memorandum of Agreement resolving the 2017-2020 contract awarded by
Arbitrator James Mastriani and to enter a new contract with a term of January 1, 2021

through December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City
that:
The Memorandum of Agreement attached hereto, entered into by and between the

City of Jersey City and the Jersey City Police Officers BenevolentAssociation, is hereby
approved and the Mayor or Business Administrator is hereby authorized to sign a
formal-Iabor contract on behalf of the City of Jersey City in accordance with the
attached Memorandum of Agreement.

1/17/19

APPROVED'AS TQfLEGAL FORM

APPROVED:
APPROVED:

Corporation Counsel

Business Administrator

Certific&tion Required D

a

Not Required

COUNCILPERSON
RIDLEY
PRINZ-AREY

BOGGIANO

APPROVED <B- 

RECORD OF COUNCIL VOTJTON FINAL PASSAGE 2 -l^k 19_
AYE NAY
AYE NAY N.V. COUNCILPERSON
COUNCILPERSON
AYE NAY N,V,
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RIVERA
YUN
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WATTERMAN
SOLOMON
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ROBINSON

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LAVARRO, PRES

/ Indicates Vote

Adopted at a mejsttf^ of,the MunicipaS Council of the City of Jersey City N.J.

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N.V,

N.V-Not Voting (Abstain)

 RESOLUTION FACT SHEET - NON-CONTRACTUAL
This summary sheet is to be attached to the front of any resolution that is submitted for Council
consideration. Incomplete or vague fact sheets will be returned with the resolution.

Full Title of Ordinance/Resolution

RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF JERSEY CITY AND THE JERSEY CITY POLICE OFFICERS BENEVOLENT
ASSOCIATION

Initiafor
Department/Division

Department of Law

Name/Title

Peter Baker

Corporation. Counsel

Phone/email

201-547-4701

IFarreU@j cnj. org

Note: Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00
p.m.)

Resolution Purpose

The City of Jersey City and the Jersey City Police Officers Benevolent Association met for
the purposes of resolving the 2017-2020 contract awarded by Arbitrator James Mastriani
and to negotiate a new contract with a term of January 1, 2021 through December 31,
2024. The City of Jersey City and the Jersey City Police Officers Benevolent Association
have entered into a temporary agreement, which terms are enunciated in the attached

Memorandum of Agreement ["MOA"]. This resolution will authorize the Mayor or
Business Administrator to sign a formal labor contract on behalf of the City of Jersey City.
I cer^if^that/all the facts presented herein are accurate.

;uature of Department Director

Dat

 MEMORANDUM OF AGREEMENT
Agreement made this 28 day of December 2018 by and between the City of Jersey City
(herein the "City") and the Jersey City Police Officers' Benevolent Association (herein the
"POBA"):
WHEREAS, the City and the POBA ars parties to a Collective Negotiations Agreement
covering the period from January 1, 2013 through December 31,2016 and
WHEREAS, the City and the POBA engaged in good faith negotiations for a successor
contract but were unable to reach an agreement:

WHEREAS, the City filed for Interest Arbitration with the Public Employment Relations
Commission ("PERC") which assigned the matter to Arbitrator James Mastriani;
WHEREAS, after numerous mediation sessions and hearings, on October 4,2017

Arbitrator Mastriani issued his opinion and award establishing a contract with a term of January
1,2017 through December 31, 2020;
WHEREAS, after receipt of the Award the POBA appealed to PBRC seeking to have it
overturned;

WHEREAS, on December 21, 2017, PERC affirmed the Award;
WHEREAS, in January 2018, the POBA appealed PERC's decision to the Appellate
Division where that matter is currently pending;
WHEREAS, the parties have met for the purposes of resolving the 2017-2020 contract
awarded by Arbitrator Mastriani and to negotiate a new contract with a term of January 1, 2021

through December 31,2024;
WHEREAS, the negotiating committees for the City and the POBA have reached a
voluntary settlement to resolve all issues regarding the appeal of the Mastriani award contract

, 122718 MOA (ART revisions) 1

 and the four-year agreement;

NOW) THEREFORE, in consideration of the mutual covenants and undertakings herein
set forth the parties agree as follows:
A. Except as herein modified, the terms and conditions of the 2013-2016 contract

shall remain in fall force and effect and the October 4,2017 Award of Arbitrator Mastriani shall
be implemented.

B. GENERAL
Adjust all dates in the contract to conform to the new term.
C. Article 10. Workday & Work Week
1. Section A.

a. Subsection 1, replace with the following: Effective as soon as
practicable, but no later than February 01,2019, based on the needs of the department, the CNef
shall implement when- implementation does not disrupt police and department operations: The
normal workday and workweek shall be an 8-section scliedule for line employees working the
steady day, evening, or midnight schedule. This schedule shall consist of 5 consecutive 8.5 hours

days on duty followed by 3 consecutive days off duty. The starting times shall be 0700 (day

shift), 1500 (evening shift) and 2300 hours (midnight shift).
b. Subsection 2: No change.
c. Subsection 3: Change "fifteen (15)" to "8."
d. Subsection 4: Change "fifteen (15)" to "8."

e. Subsection 5 (New): The City reserves the right to change the
starting times set forth in Subsection 1, above, based on the Depailment's operation needs and

subject to the requirements of Article 26.

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122718 MOA (ART revisions) 2.

 2. Section B: No Change.
3. Section C: No Change.
4. Section D: No Change,

5. Section E (new): For officers hired on or after 1/1/19, the City has the
right to assign or modify an officer's schedule, hours of work, assignment and district at any time
during his or her first 3 years of employment, inclusive of the one (1) year working test period.
The movement of a junior officer pursuant to this Section shall not cause a more senior officer to

be displaced.
6. Section F (new): Officers shall be allowed to work a maximum of 17
hours in a 24-hoyr period.
D. Article 13* Insurance. Health and Welfare

1, Section A, 1, add: Officers hired on or after January 1,2019 shall be
requu-ed to enroll in the Horizon Blue Cross Blue Shield OMNIA Plan as provided in the
description of coverage, or a High Deductible Plan offered 1?y the City. Alternatively, any officer
hired on or after January 1, 2019 may elect to enroll in any other plan offered by the City but
shall pay the difference in. cost that is greater than OMNIA plus tlieir Chapter 78 contribution.
All other officers may voluntarily elect to participate in the OMNIA plan. Any officer who
voluntarily participates in the OMNJA plan shall receive a bonus of $500.00 for single coverage
and $1000.00 for all other plans payable in November of each year he/she participates.
2. Additional plan design, changes:
a. Effective 1/1/21 out-of-network reimbursement will be paid at
60% of usual customary and reasonable,
b. The City will continue to cover out-of-network (OON) chiropractic

services for officers or dependents who used OON chiropractic services over the last 10 years

U2718 MOA (ART revisions)

 from the date of this MOA. The officer or dependent must have proof of care and is restricted to

that practitioner. Effective January 1,2019, OON chiropractic coverage shall be eliminated for
all officers and dependents, except for those officers and dependents who meet the criteria of the
preceding sentence.

c. Effective 1/1/21, out of network per amnwn deductibles shall be

increased to $500 single and $1000 for other.
d. Effective 1/1/21, primary care office visits shall increase to $25.00
and specialist office visits to $35.00.
e. All officers who retire on or after 1/1/21 shall enroll in ABTNA
Medicare Advantage when Medicare eligible. The AETNA Medicare Advantage Plan shall be
the same as that provided by State Health Benefits Plan, Add this language to Article 5 as well.
E. Article 15. Tour Exchanges

Effective within 30-days of the ratification of this Agreement by the parties, each officer
shall be entitled to 1 tour exchange per month. Additional tour exchanges may be granted at the

discretion of the Division Commander. No tour exchanges shall be allowed on July 4 and
October 31.
F. Article 17. Comnensatorv Time

Section 3, add:
1. July 4 is a day on which compensatory time will not be granted without
approval of the Chief of Police regardless of manpower.
2. Compensatory time can be denied on Halloween if the vacancy cannot be
filled with overtime. This provision shall apply to any 3 consecutive tours to include the
midnight tours on 10/31 or 11/1 and the day and afternoon tours on 10/31.
3, If the Department is faced with unforeseeable> extraordinary ckcumstance

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122718 MOA (ART revisions)

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 that warrant increased manpower on a City-wlde basis, the Chief shall attempt to jRll the extra-

manpower slots with overtime. If the Chief cannot obtain enough manpower to fill the slots with
overtime, he shall have the right to deny any compensatory request that is made after the Chief
has exhausted the contractual overtime procedures. Previously granted compensatory time shall

not be cancelled. The Chief shall notify the Association President in writing prior to the denial
of compensatory time. The Department shall only be allowed to use the provisions of this
Article 4 times in a 3-year cycle but no more than 2 times in any year. The first 3-year cycle

shall be 2019-2021.
G, Article 18* Overtime
Section D, add: If an officer's court appearance is cancelled and he receives notice
of the cancellation at least the day prior to the cancelled appearance, he shall not receive

payment under this Section, If an Officer is cancelled and appears for his court appearance
because he did not receive the required notice of cancellation or could not access the notice, the
officer is required to report to command and work the 4 hours to be paid, or the Officer may elect
to not work in which case he shall not receive pay under this Section.
H. Article 20. Termmal Leave

Add to Article:
Retiree payouts under this Article will be paid out as follows.
1. A payout of $0 and up to $50,000 will be paid in lump sum. or equal increments up to
5 years, at the employee's discretion.

2. A payout of $50,001.00 and up to $150,000 will be paid in 3 equal increments over
three (3) years. At the employee's discretion, this payout may be extended up to 5
equal increments over 5 years. If the City and Employee agree, it may be paid in
shorter increments, or as a lump sum.

122718 MOA (ART revisions)

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 3. A payout of $150,000.01 and over will be paid in 5 equal increments over 5 years. If
the City and Employee agree, it may be paid in shorter increments or as a lump sum.
I. Article 24. Grievance Procedure

Step 4, Section 8, add: Notwithstanding, written reprimands cannot be arbitrated
and cannot be used for purposes of progressive discipline.
J. Article 30. Commendations and Honorable Mentions

1. Section E: Change 5 Excellent Police Service Awards to 10.
2. Section F, replace with: The Departmental Awards Committee for

the POBA negotiations unit shall consist of 1 person appointed by the POBA President and 2
persons appointed by the Public Safety Director. The POBA President and/or the Public Safety
Director may appoint themselves to be on the Committee,
K, Article 33. Salaries & Lonffevihr

1. Section A (See attached spreadsheets);
a. Effective 1/1/19, all officers eligible for their salary step increases

shall move one step on the salary guide and all longevity movement shall be paid. All officers at
top pay and Detective shall receive a base pay increase of $1000.00. Effective 1/1/19, starting
pay in the l/l/l 3 post guide shall be increased to $41,000,
b. Effective 3/1/20, all officers eligible for their salary step increases
shall move one step on the salary guide and all longevity movement shall be paid. All officers at
top pay and Detective shall receive a base pay increase of $1500.00.
c. Effective 1/1/21, all officers eligible for their salary step increases
shall move one step on. the salary guide. Officers at top pay and Detective shall receive an
increase of 1.50%,

122718 MOA (ART revisions)

G€-

 d. Effective 1/1/22, all officers eligible for their salary step increases
shall move one step on the salary guide. Effective. 1/1/22, officers at top pay and Detective shall
receive an increase of 1 .50%.

e. Effective 1/1/23, all officers eligible for theh- salary step increases
shall move one step on the salary guide and an additional step on 7/1/23, Effective 1/1/23,
officers at top pay and Detective shall receive an increase of 1.50%.

f. Effective 1/1/24, all officers eligible for their salary step increases
shall move one step on the salary guide except as provided below. Officers at top pay and

Detective shall receive an increase of 1.50%. Effective 1/1/24, add a Vi step between steps 9 and
10 for officers hired before 1/1/19. Employees hired before 1/1/19 moving on the salary guide
from Step 9 to Step 10 will move to the new Vz step on January 1, and then step 10 on July 1. A
full step between steps 9 and 10 shall be added on 1/1/24 for officers hired on or after 1/1/19.
The step shall be Vi the difference between step 9 and the new top step.
g. Renumber subsections, accordingly.
2. Section B, revise as follows:

a. Effective January 1,2019, officers hired on or after January 1,2013 and
prior to January 1,2019 shall receive Longevity when eligible in accordance with the
percentages set forth on the post-January 1,2013 longevity scale.

b, Add the following: Officers hired on or after January 1, 2019 shall not
be eligible for Longevity payments.
L. Article 38. Police Officer's Bill of Riehts
1. Section B, 4: Amend to allow for audio recording.

2. Section E, replace with: All charges shall be brought pursuant to the

122718 MOA (ART revisions) 7

 requirements ofNJ.S.A. 40A: 14-147 (including the 45-day rule) and the case law interpreting
same,

M. Article 42, Discharge and Discipline
Paragraph I, replace with: A written reprimand must be served upon the Police
Officer within 30 days of the Chief of Police or the Director of Public Safety receiving notice of
the occurrence for which the reprimand is being issued.

N. This Agreement is subject to ratification by the POBA membership and the
approval of the governing body of the City.
0. All other proposals of the parties not contained herein are deemed withdrawn.

P. Upon. ratification of this agreement by the parties, the POBA will withdraw its
appeal ofPERC*s December 21, 2017 decision with prejudice.

FORTHEPOBA

^

CARMINEDISBROW
POBA PRESIDENT

^0"

122718 MOA (ART revisions)

FOR THE CITY OF JERSEY CITY

-TAWANA MOODY
POLICE DIVISION

 The Memorandum of Agreement executed on December 28,2018 ("MOA") by and
between the City of Jersey City (herein the "City") and the Jersey City Police Officers*
Benevolent Association (herein the "POBA") is amended and supplemented on this 71h day of
January 2019 as follows:
A. Article 10, Workday & Work Week
Section A, Subsection 2, which stated in the MOA, No change" is to be replaced

with the following; The staff schedule shall consist of a 14 day cycle, consisting of 5 days on
duty followed; by 2 days off, followed by 4 days on duty followed by 3 days off, after which the
I

cycle repeats itself. The staff work day shall consist of 8.5 hour days.
B. Upon ratification of the MOA and this Supplemental Memorandum of Agreement

bythe parties, the POBA will withdraw its appeal ofPERC's December 21,2017 decision with
prejudice,
C> Except as supplemented by this Agreement, all terms of the MOA shall be
unchanged.

FOR THE POBA FOR THE CITY OF JERSEY CITY

'0\J-^->f. <—^^L

CARMINE DfSBROW,
POBA PRESIDENT

0010419 Supp MOA (Staff Schedule Mod.)

TAWANA MOODY.
POLICE DIVISION DI

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