Contract


By~Laws

 

SUCCESS IN ALL YOUR ENDEAVORS

Flit EEltT
UtllTN 1t

BUFFALO POLICE
BENEVOLENT
ASSOCIATION INC.
CONTRACT AND BY-LAWS
74

FRANKLIN STREET

BUFFALO NY
716

851-4501

LT.

ROOM

110

14202

OR 842-1258

JAMES PANUS
PRESIDENT

PO KEVIN KENNEDY
1ST

DET WILLIAM GAMBINO
2D VICE PRESIDENT

VICE PRESIDENT

PO JOHN EVANS
RECORDING SECRETARY

INSP.

WILLIAM

J.

MISZTAL

TREASURER

 Agreement
dated December 30 1987

JulyJr 1986
through

June301988
Including Sands and ProsperA wards

 AGREEMENT BETWEEN
CITY OF

BUFFALO NEW YORK
and

the

BUFFALO POLICE BENEVOLENT ASSOCIATION INC.
JULY

JOHN SANDS

19

1986

-

JUNE

309 1988

AWARD DATED SEPTEMBER

JULY

19

PETER PROSPER
JULY

19

1988

-

JUNE

309

10

AWARD DATED
1990

-

JUNE

51989

JUNE 291992

309 1992

 TABLE OF

-

-

COMM

TITLE

PAGE

WfTNESSETH
ARTICLE

I

RECOGNIATION

I

2-3

2

1.1

Exclusivity

1.2

Dues and

1.3

Agency

1.4

Disaitmtance of Rights

1.5

2.1

Salary

2.2

Hours of Work

23

3

AND HOURS OF WORK

4.9

4-5

5

Time

5-6

Over Compensation

2.6

Overture

Procedure

2.7

Preferred

Overtime

2.8

Pay

2.11

Night

ARTICLE HI

Preferred

Overtime

Agreement

8

9

Increments

Shift Differential

Holidays

3.2

9

10

and Observed

Recognized

10

10

Pay

Holiday

VACATIONS

IV

4.1

Eligibtlity

42
43
4.4

11-13

and Allowance

11

Non-Cumulative

11

Prorated

I I

Carryovers

4.5

Scheduled

4.6

11-12

Changes

Weeldy-Vacation

4.7

Monetary

4.8

Vacation

4.9

Retroactive

V

SICK

Sands Award
Prosper

Award

-

July
-

July

1
1

1988

-

June

See

W-V

Days

Equivalent

Anniversary

prorating

ARTICLE

8

8-9

HOLIDAYS

3.1

ARTICLE

/

Conference

Departmeatsl

2.10

6

6-7

Time

Corot

2.9

Peter

3

Notification

Repotting

2.5

John

to Strike

4

Employee

2.4

2.3

Defined

SALARIES

II

2

Shop

Service

City

ARTICLE

Fees

Vacation

Entitlement

LEAVE BENEFITS

301990

12

12

12

Date

bait

1990 -June 301992

y. 5

12

13

13

14-15

 OF CONTENTS

TABLE

TITLE

PAGE

PERSONAL LEAVE

16

6.1

Pntiteman

16

62

Personal

ARTICLE

ARTICLE
ARTICLE

VI

Leave Date

VD

BEREAVEMENT LEAVE

VIII

LEAVES

8.1

General

8.2

Union

8.3

Maternity

8.4

AWOL

ARTICLE

OF ABSENCE

18

18

18-19

20-Year

9.2

CarearReement

20

BENEFITS

Retirement

Plan

20

3744

Section

4./SOS.

z

vat//r.n

and

Vacations

103

Officers

10.4

Detective

11.1

Leave Days

21-22

Detective

Sergeant

22

and

Detective

and

Grievance

11.2

Matters

ARTICE

Personal

SETTLEMENT OF DISPUTES

XI

XH

23-25

23

Procedures

to Grievance

2325

Procedure

AND DISCHARGE

26-28

26

Action

Disciplinary

122

Arbitration

Relevant

DISCIPLINE

12.1

Procedure

12.3

26-27

Suspension

Charges

ARTICLE XHI

Pending

Determination

of

27-28

Penalties

UNION ACTIVITIES
PREMISES

13.1

ON CITYS TIME AND

PLEDGE AGAINST
COERCION

ARITLCEXV

MAINTENANCE

ARTICLE XVI

JOINT

ARTICLE

TEMPORARY ASSIGNMENT

John Sands Award
Prosper

Award

-July
-

July

11988

1

DISCRIMINATION

-

June

30

AND

OF BENEFITS

HEALTH AND SAFETY

30

31

COMMITTEE

32

33

-June301990

1990

29

29

Representatives

ARTICLE XIV

XVII

21-22

22

Acting

ARTICLE

2/-.72

21

Definition

102

Peter

2020A

384d

Section

Plan

SENIORITY

10.1

WITHOUT PAY

Business

9.1

ARTICLEX

17

18-19

18

REITREMENT

IX

16A

16

1992

ii

20B

 TABLE

OF CONTENTS

TITLE
ARTICLE

PAGE

XVIII

ARTICLE XIC
19.1

19.2

ARTICLE

XX

35

Allowance

35

Equipment

35

36

HEALTH AND DENTAL CARE COVERAGE

21.1

Blue Cross

21.2

Medical

21.3

Dental

21.4

Notification

Upon

Payment

Alternate

38

ofinemance

Insurance

Coverage

Coverage

POLICEMENS BILL OF RIGHTS

221

37

37-38

of Status

In Lieu

37-39

37

Retirement

Program

21.6

XXH

and Blue Shield

Insurance

21.5

ARTICLE

Purpose

38.39

39

4041

40

222

Iofmmingthe

223

Conduct

22.4

Minor

22.5

Disciplinary

Member

of Investigation

Violations

Action

40

4041

41

41

ARTICLEXXII

LONGEVITY

ARTICLE

XXIV

TENURE

ARTICLE

XXV

PRINTING

ARTICLE

XXVI

TERMINATION

46

ARTICLE

XXVII

42-43

44

OF CONTRACT

45

GENERAL PROVISIONS

47

ARTICLEXXVII

MANAGEMENT RIGHTS

48

ARTICLE

XXIX

POLICE

ARTICLE

XXX

CIVIL INDEMNIFICATION

50

DEFERRED COMPENSATION

51

ARTICLEXXXI

John
Peter

\

34

UNIFORM ALLOWANCE

GROUP LIFE INSURANCE

ARTICLE XXI

Ma

TRANSFERS

Sands

Award

Prosper

Award

-

July
-

July

1

1998

-

June

11990-June

DEPARTMENT VEHICLES

301990
30

1992

49

 r
TABLE OF CONTENTS

TITLE
APPENDIX

A.

APPENDIXB

PAGE
SALARY SCHEDULE

A

53

SALARY SCHEDULE

B

54

C
D

APPENDIX

C

SALARY SCHEDULE

APPENDIX

D

SALARY SCHEDULE

APPENDIX

E

SALARY SCHEDULE

57

APPENDIX

F

SALARY

58

APPENDIX

G

SALARY SCHEDULE

APPENDIX

H

SALARY SCHEDULE

G
H

I

SALARY SCHEDULE

I

61

APPENDIX

SALARY SCHEDULE

J

62

APPENDIX

JahaSsnds
Prier

55

56

E
SCHEDULE F

59

60

Award

Prosper

July 11988-June
301990
Award -July 1 1990 -Jane 30

IM
1v

 -L

AGREEMENT
AGREEMENT

THIS

entered

BUFFALO NEW YORK
BENEVOLENT

into

ASSOCIATION

30th day of

this

a municipal

corporation
called

hereinafter

1987

December

hereinafter

called

by

and between

City

the

the

and

CITY OF

BUFFALO

POLICE

Union.

the

WITNESSETI3

WHEREAS
between

its

WHEREAS
uninterrupted

b
employees

Requiring
which

have

WHEREAS
determination
for negotiating

of

functions

its

the

of

its

are best

certified

City

or

a

City

and

cooperative

relationships

of

with and

recognized

by

public

at

assuring

all

times the

orderly

and

of

and

organization

enter

into written

and

representation

agreements with Unions

representing

public

and

Union

the

of grievances

for

under

arising

agreement with

written

the

protect

by

the right

has recognized

into

entering

harmonious

government and

effectuated

City to negotiate

administration

City of promote

the

of the

policy

employees

public

been

the

of and
and

further

policies

of

policy

and

the

these

Granting to

public

and

is

it

the

employees

operations

WHEREAS

a

is

it

City and

the

the

of

the

purpose

the

terms and

said

Union

to

negotiating

conditions

in

collectively

of employment

determine such

terms and

and

the
also

conditions

employment and

WHEREAS
and

conditions

of

the

WHEREAS
understandings
authorized

the

NOW

parties hereto

have

negotiated

in

good

faith

with

to

respect

compensation

and

other

terns

employment and

and

the
desire

Mayor

to

parties
to

following

embody them

execute pursuant

THEREFORE

to

in consideration

in

extended

and

deliberate

a formal agreement

Common Council

which

Proceeding

Common

it is

reached

Council of

Item No. 74 of October

of the following mutual covenants

1

have

negotiations
the

the

27

hereby agreed

certain

City has

1987.

as

follows

 AGREEMENT
THIS AGREEMENT
BUFFALO NEW YORK

BENEVOLENT

into

entered
a

this

municipal

ASSOCIATION

day of December

30th

hereinafter called

1987

by and between

hereinafter called

corporation
the

CITY OF

the

City and BUFFALO POI

the

Union.

WITNESSETH
WHEREAS
between

the City

WHEREAS
uninterrupted

its

the

is

it

these

a

to

b

have

WHEREAS
determination

of

and

for negotiating

of employment

authorized

the

NOW

promote

and

harmonious

relations

cooperative

been

the

employees

certified

has

City

with

right

and

recognized

of

at all

assuring

the orderly

times

the

grievances

by

of

and

organization

into

enter

and

representation

written agreements

Union

for

arising under

a written agreement

into

by

with

Unions

representing

pu

collectively

in

and

or recognized

administration

the public

government and

its

with

the

the said

of

purpose

and

the tents

Union

negotiating

conditions

to determine

of employment and

such

and

terms

s

conditi

and

of

the

hereto

parties

employment

WHEREAS
understandings

of

are best effectuated

public

entering

WHEREAS
conditions

of

City

policy of the City of protect

functions

policies

its

the

and

of the

policy

the City to negotiate

Requiring

which

public

further

and

operations

Granting

the

employees and

WHEREAS

employees

and

is

it

and

and

Mayor

the

parties

desire to
to execute

THEREFORE

have

negotiated

in

good

faith

with

respect

to compensation

and

other

Let

and

following

embody them
pursuant

to

extended

in a formal

and

Common Council

in consideration

deliberate

negotiations

agreement which

of the following

Proceeding

mutual

the

Common

ItemNo. 74 of

covenants

it

is

have

reached

Council
October

hereby

of the

27

agreed

cart
City

1987.

as follows

I

 ARTICLE

I

RECOGNITION
Exclusivity

1.1

The
whose job

A

Schedules
appear on

terms and

other

Union

the

hereby recognizes

City

titles

of employment

conditions

D

the

for the

and

sole

of

life

The City shall deduct membership
the Comptroller an

this

dues

Comptroller

an

authorization

forms

for

agent

purpose of

shall

2

two

every

written

appropriate

weeks

to

from

of

all

the

employees

and

compensation

establishing

be provided

by

the

wages of those employees who have
the same to the Union.
The

shall remit

wages of

the

and

authorization

the

do so and

shall

those

remit

the

Any present or future employee represented
by
Union member and who does not make application

the

Buffalo

for

membership

Comptroller by

the

the

to

filed

Secretary-Treasurer

filed

with

City

shall

with the

The necessary

Union.

The amount to be deducted from each employees

Union.

the

to the

who have

employees
same

of

certified

shall

wage

Union.

AQencv Shop

1.3

A
not a

or

negotiating

for the

Agreement.

from

initiation fees

authorization

written

appropriate

Union

deduct

also

is

exclusive

annexed

Does and Fees

1.2

be

as

through

salary

such

the

amount

deductions

employee

and

organization

equivalent

to

transmit

the

has

the

dues

by such

levied

sum so deducted

to

and maintained

established

employee

such

shall

have

organization

employee

a procedure

Benevolent

Police

The Comptroller

organization

providing

for the

demanding the return of any part of an agency shop fee deduction which represents
of expenditures by the organization
in aid of activities
or causes only incidentally

the

who

Association Inc.

deducted from

to

the

any employee

employees

related to

shall

wage
make

however

provided
refund

their

pro

terms and

rata

share

conditions

of employments.

B

For

the

purpose of

permanent probationary or
six

6

consecutive

C
fee

deduction

Agreement

the

personnel

term
or

Employee shall mean unless otherwise specified
only
who have been in City service on a full-time basis for

those

months of more.

The employee

organization

shall

indemnify and hold harmless

from any cause of action claim loss or damages

employees
agency

this

provisional

from any employee.

until

such

collected

The employee

monies

organization

are actually

2

incurred
shall

as

a

have

City of Buffalo and

the

result

no

of

right

the

or

Employers
interest

in

its

officials

deduction
any agency

or

of an
fee

 paid
last

address

from

relieved

1.4

employee

to the

known

all

of Riaht

The Union
work

counsel
other

advise

acts

1.5

or

affirms

or

the
its

or

that

title

is

in the

deducted

than

Commissioner

of

Police

and

outlined

Agreement.

If

the

year

employees

he

any of

assert
the

the

right to

employee organization

strike

conduct

to

or to

assist

in

concerted

in other

engage

to assist or participate

City nor

obligation

its

all

to

members shall

the penalties

violate

imposed

term City service

the

Buffalo Sewer

shall

be

the

City

salary

Buffalo
of one

entitlements
for

from

other

1

by

made

at

one

or

subject

in service

leave

Appointments

in this

membersan

approved

hired

is

personal

be

its

Authority

or a break

adjustments

shall

to the

any such
in

or participate

nor

acts

such a

strike

to

or

of the

any

by

provisions

of

this

the

Section

law.

shall include

with

service

the

Buffalo Board of

and any City of Buffalo department or

Authority

Service

ordinances.

with any

other

division

will

employer

not

be

service.

service

appropriate

period

found

an employee

and

not

will

members against

Agreement

this

whose job

vacation

deductions

Defined

Buffalo Housing

If

its

Union

that the

For the purposes of

immediate

by

impose upon

Education

considered City

does not and

it

membersshall be

City Service

such

deliver

defined.

event

said

and

fees

Strike

to

slow-down

urge

as herein

In

Union

deduct such

to

liabilities

Disaffirmance

stoppage of

organization.
Upon the forwarding by mail of payment of the agency fee deduction to the
of the employee organization the City of Buffalo and its officers and employees shall be

first

by
as

the

a

be

salary

of Labor

based

Buffalo

increment

the

on

their

original

in

the

step

shalt

3

City

is

service

of

date

year of

be

hire

in these

subject

preceded by
count

a

the

employees

agencies

in the

to

the

break

Police
the

Department.

approval

grievance

in service

for vacation

with

12 month

previous twelve

made only with

not be

will

agencies

hire

utilized in the

first

by the Union and has

represented

above-referenced

leave

shall

Department

Prior

position

from

Relations and

Police

a

less

Personal

entitlement

new employee.

in

Department

year or

in service.

members

the

Director

hiring
treated

shall

any breaks

the

Police

1

of

purposes

of

the

procedures

more than

only.

 ARTICLE

AND HOURS OF WORK

SALARIES
zi

Sahry

A
B

Retroactive

Retroactive

Officer

Police

shall

receive

C
D
Police

Officer

The

shall

1

Retroactive

to July

an

pay

1

1987

salaries

all

shall

each employee

a

and wages upon a

receive

one

a

basis.

biweekly

1

5

I

percent

salary

percent

salary

In the

in Salary

and

percers

increase

each

employee

as reflected

the

holding

in Salary

and each employee

increase

A.

Schedule

B.

Schedule

the

holding

of

rank

rank

of

C.

Schedule

percent

4

A.

Schedule

in Salary

as reflected

shall

five

as reflected

of four

salary increase

a one

receive

of $100

increase

in Salary

shall receive

employee

of $100

salary

a

receive

as reflected

each employee

increase

salary

a

receive

shall

of $100

each

1987

shall

employee

increase

11988

day

each

1986

1

additional

the

upon

each employee

salary

January

January

shall

City

The

All

salary

event

increase

that

the

as reflected

in Salary

scheduled

regularly

day

D.

Schedule

of payment

is

a

holiday

preceding.

listed

of depriving

above

emergency

Commissioner of Police

be

The

that.

quitting

for

of daily work

shall

Employees

shifts not

Except

hours

regular

and

starting

All

purpose

to July
additional

to

be made

A
B

the

11986

of Work

Hours

regular

to July

Retroactive

Effective

F
payment

an

shall receive

E

2.2

II

scheduled

platoon

hours

to

hours

to

2330

hours

2330

hours

to

0730

hours

the

are

1530

interruptions

shift as determined

remain

same and

the

for lunch

the

by
the

periods.

Commissionerof Police

hours

which

work

shift shall

have a

are

hours

same.

as declared

changes

of a beaeftto

any employee

shall

1530

remain

work

regular

system

for

except

0730

shall

the

consecutive

work a

to

present

situations

unless

be

shall

the

by

mutually

which

Commissionerof Police
speed

he would

Work

upon.

othrwlse be

as outlined

shift schedules

in
shall

2.2D
not

work

shift schedules

be changed

shall not

as adisciplinary

be changed by

measure

or for

the

entitled.

.AWAR
- SANDS

AWARD
1.

percent

2.
increases

Effective

10% of the

3.

If the

the

1

July

include

City

any

-

1

Effective

July

Effective

January

Effective

July

1

on

1988 and

a

1

salary

1991

1991

July

base

1989

annual

salaries

shall be
shall

shall

be

base

annual

paragraphs

the

ten

enforcement

issues

ARTICLE

salary

salary

1

those

-

the

preceding

law

municipal

SALARY

1990

Award

of the

consider

2.1

of bargaining

unit

personnel

shell

be

by an amount

increased

equal

to

ten

131988.

July

portion

retains

AWARD

of this

date

committee to

labor-management

-PROSPER

on

rate in effect

Effective

shall not

Q

SALARARTICLE

-

and

II

increased

be

-

to

increased

consulting

work

Section

by

increased

by

salaries
percent

four

by
four

with

organization
the

consultants

2.1

4%

percent

4%
4%

four

of bargaining

percent

percent

4

unit

personnel

shall

be

increased

by

five

percent

Those

adjustment

to address

modernization

to facilitate

implementation

issues

the

parties

of modernization

shall

establish

programs.

a

joint

 C

The

make

maintain and

shall

City

available

to

all

its

a

employees

record

daily

the

time

any

W-V

showing

worked by each employee.

D

Whenever

day or

to increase

leave

or increased

Employee

2.3

shall

It

All
within

ten

be

the

Except

assigned

days of

starting

who

employee

absent without

The

leave.

fifteen

to such

The
time

to

remain

To be

be paid

at

be

of Police

to

thereby shall be paid

1

one-half

of an employee

to

suspend any
for

vacation

such suspended

or

vacation

and/or

1/2.

the

keep

of emergencies.

notified

of address and/or telephone

effective

by

An
for

informed of

employer

In disciplinary

action

his

the City

address

current

shall notify

the

and

PBA

if

each employee

the

Police

employee

Such employee

and

numbers

Commissioner

to the

of

shall

Police

be

filed

day of the change.

is

failing to report

1

to report

no

than

the

shall

be

may

later

an absence

hour of

the

be considered

shall

tardiness

required

Department

work within one

absences

15 minute
at

period

unscheduled absences

all

of

beginning

deemed

assigned

regularly

to

starting

the

from

employees

be absent without
time

shall

not

work

to

a

regularly

An

leave.

be considered

tardy.

result in disciplinary

the

and

1/2

commencement

prior to the

time and one-half

25 minute

1

action.

1

and such period

1/2

actually

period subsequent

such

period

shall

reported

to the

neither

of

a tour of duty

shall neither

to

such

injured

rate

in the

line

of duty will

of time and one-half

1

continue

1/2.

5

by police

regulation

To be

eliminated.

for duty.

conclusion

be reduced

payment an employee must have

required

be reduced nor

of a
nor

tour

of duty

eliminated.

on duty upon the completion of the regular duty hours as stated
when it is necessary for an employee to complete a task begun

entitled

Employees
to

the

twenty-five

those circumstances
hours.

of time and

payment an employee must have

and one-half

required

Commissioner

affected

reached.

time.

reports

be compensated

entitled

the

Time

Reporting

shall

he can

designated

Unreported

2A

require

employees
rate

otherwise provided

as

number

telephone

at the

responsibility

of change

notices

10

all

Notification

cannot be

employee

of duty

of duty

tour

telephone number where
the

demands

public
tour

any

actually

to receive

reported

forty

40

shall

in Article
in

be compensated

Employees

shall

2.2B

the course of

at

not be

except

regular

in

duty

for duty.

minutes of

reporting

time

per day

 Whenever

an

a

eight

completing

full

employee who

8

hours

1

rate

of time and one-half

2.5

Overtime Compensation

Whenever
excess of a
time

worked

the

15

fifteen

of

minute

employee

work

regular

of

consist

minutes of

his

tour

of duty without

time

to

reporting

be paid

at the

Union

the

work performed

all

shall

is

on duty

remain

to

required

be compensated

shall

at the rate

of time and

or

for

report

1

one-half

duty

in

1/2

for the

in

40

forty

after the

begin

excess of

8

eight

hours per week.

25

twenty-five

hours

in

Overtime
minute

of duty

tour

any

be earned

shall

or in

excess

in multiples

of

immediately following a tour

period

Overtime Procedure

In
shall

be

the

event

offered

The

shall

be

overtime the

B
Police

Said

In

Officer

the
the

C

If

occurs

assigned

to

D

fill

no

obtain

work

then

seniority

as

the

Police

to the

Officer

Officer
the

vacancy.

who

who

is

the

instances

a replacement

to

fill

on

the

of
the

work overtime

to

opportunity

next most

to the

based

on seniority.

manpower

be

shortage

which

in

offered

to

occurs

Police

the
the

and

shortage

manpower

declines

off-duty

platoon/unit
shall

the

Officer

senior

the platoonlunit

to the

which

Police

to

accept

manpower
most

said

the

within

Officer

shortage

senior

off-duty

opportunity

shall

seniority.

to

most

the

-

platoon/unit

junior

Police

precinct/bureau

Officer

assigned

emergency and upon approval of

the

in

which

the

manpower

to that precinct/bureau

commanding officer

will

be

the

junior

pursuant

to this

vacancy.

emergency where a command
command officer may retain Police

contained

the

in

platoon/unit

work overtime

which

assigned

overtime then
In

to

in

based

the

If that off-duty

assigned

is

opportunity

precinct/bureau

Officer
the

overtime.

pass through

likewise

the precinct/bureau

Police

to

assigned

work

overtime shall be given

shall

opportunity

In case of

Section

the

overtime then

accepts
the

determines overtime is required

Police

to

opportunity

event no

pass through

Officermay

to

assigned

shortage

of

Police

off-duty
the

opportunity

accepts

likewise

senior

offered

platoon/unit.

occurs

Commissioner

the

follows

as

A
occurs

officer

cannot

Officers

herein.

6

II

terminates

superior

40

shift.

work week of
and

periods

his

forty

duty.

2.6

the

shall

the

scheduled

regularly

by

shall receive

by

represented

such

shift

excess of

in

Overtime
of

work

relieved

properly

employee

1/2.

any employee

regular

is

said

readily

from

the

contact

Police

platoon which

Officers
is

then

on duty based on

 I-

CALLING
JMD

on

Categor

ATTENTION

RTS FOR OVERTIME

10131/96

y

96

-

at

0517

PM

Administrative

ALL

UNITS

IT HAS COME TO MY ATTENTION
THAT
WHEN
THE SITUATION ARISES WHERE
IT
BECOMES NECESSARY TO FILL A REPORT
TECHNICIAN OVERTIME POSITION
BY
A
TELEPHONE
SOME UNITS
HAVE BEEN
CANVASSING
FOLLOWING
PROCEDURE
WHEREBY THE PERSON CALLING TO FILL THE OVERTIME
WAITS
FOR A PERIOD
OF
FIFTEEN 15 MINUTES
FOR A POSSIBLE
RETURN CALL BEFORE CALLING THE
NEXT
RT ON THE LIST.
THIS
IS A CUMBERSOME
TIME
CONSUMING AND
ALL UNITS
UNNECESSARY PROCEDURE.
ARE DIRECTED
TO USE THE SAME
OVERTIME
CALLING PROCEDURE
WITH REGARD TO WAITING FOR RETURN CALLS AS
IS USED
WHEN
CALLING TO FILL P.O. OVERTIME
i.e. THE WAITING PERIOD
FOR A CALL-BACK SHOULD BE FIVE
MINUTES.
THIS
IS
A FAIR PROCEDURE
AND WILL EXPEDITE
THE RT OVERTIME
PROCEDURE.

5

RT

J.

DIGIULTO

GEORGE

M.

LONCAR/DPC

 E
offered

Police

the

Officers

opportunity

F

The

Police

assigned

days off

steady

work overtime when

to

that

whose absence

Officer

W-V

platoon

created

vacancy except those on regularly scheduled annual
on single
days are ineligible for overtime except

AN

G

For purposes of overtime
with

rank beginning

H
I

When

of

the

to this

leave

military

shall

likewise
the

Section

of Detectives

The

officers.

shall

be

1

or

not be considered

shall

Those

more weeks.

to

Police

the

fill

Officers

emergencies.

length

of a

of absence

sick

the

upon

Police

Officers

service

in that

to that rank.

bereavement

a requirement to

is

be replaced

to

leave

leave

Detective

shall

fill

based

duty

senior

Detective

the

is

on

leave

and

Detective

the

first

or maternity

leave

fill

will

where

instances

not accepted

is

vacancy.

selection

progressing

senior

work overtime.

to

overtime

If the

the

most

the

Sergeant

opportunity

seniority.

shall

required

in those

vacancy

or

be given

assignment

detective

most

the

the

Detective

shall

assignment

within

officer

general

with

an absent

assignment
the

pass through

least senior

beginning

least senior

replace

in the

and

In the event department-wide
roster

section and

overtime work.

there

rank

Said opportunity
pursuant

for

W-V

platoon

shortage

of one

be based

shall

seniority

of appointment

date

on

Personnel

not be considered

officer

the

to

on W-V.

is

manpower

the

vacations
in

be assigned

shall
section

shall

be

down

made from

the

overtime

is

the
list

seniority
declined

general

of such

pursuant

to

this Section.

J

In the

the

through

the

K An
all

other

shall

In

employee

the

on

receiving

event of

be given

applicable

rank based
applicable

the

on
rank

the

first

the

first

seniority.

shall

procedures have

within

the

based

fill

the

seniority.
fill

If the

to

overtime

is

the

Lieutenant

work

most

Said

overtime.

not accepted pursuant

senior

Lieutenant
shall

opportunity
to this

Section

within

likewise

the

the

pass

least senior

Overtime shall

not

be considered

for

an overtime tour of duty

until

exhausted.

If the
the

absent

vacancy.

to replace

necessity

an

opportunity

Preferred
been

opportunity

shall

to replace

necessity

be given

assignment

preceding

L
filled

of the

shall

assignment

within

officer

event

concerned

assignment

to

a Captain

or

Inspector

work overtire and

said

the

overtime is not accepted pursuant

vacancy.

7

most

opportunity
to this

senior

officer

shall likewise

Section

the

of

the

rank

to

pass through
least senior

be
the

officer

 to settle. the outstanding
filed by
ity would
propose that
grievances
PBA
to the overtime procedure utilized for the St. Patricks
relating
the Allentown
Art Festival
ay Parade
G-146 G-147 and the
Italian
Food Festival
6-163 to do the following

Ae

G-115

1

Sustain the
without

2

above

Effectuate
grievances
Section 2.6

grievances

without

and

prejudice

and

remedy to these
agreement with the PHA amending Article Jr
to read as follows
by adding a new subdivision
as the
a

2.6M

1

mentioned
effect

precedential

OVERTIME

FOR

SPECIAL

EVENTS

In the event that
the Commissioner determines
that
there is
need for additional manpower within a precinct
due to a
event
confines
of
special
occurring within the geographic
of a precinct.and
in the
event
the Commissioner determines

a

over-..time
overtime is required then the opportunity
to-work
shall
be offered
to those pff-duty
Police Officers
affected
precinct an the basis of seniority.
that

2

2.6M
the purposes of Article II Section
additional
manpower shall mean manpower over
the number of Police
Officers normally on duty

For

the
and
at

in the

term
above
the affected

precinct.

3

J

For

purposes of Article II Section 2.6M
is defined by reference to Article
subdivisions
and

the

off duty
2.6
CITY

F

H.

OF BUFFALO

lice

term

II

Section

BUFFALO POLICE
ASSOCIATION

wrnmi5 oue

Bu Fb

.

the

C.Fy

of

/

/Q7

B

BENEVOLENT

i

i

e

APPROVED

cd.
------------------------------Ur
b7
4. Fri
a.

J

_

w.a4

uCt.

1...vUrw

._

1

5x

 OF AGREEMENT

MEMORANDUM

BETWEEN
THE CITY OF BUFFALO
AND
THE POLICE BENEVOLENT

The
of

parties

amend

to

agree

The

that

agree

parties

the provisions

he

of

U.R.T. S.W.A.T.
who are off-duty and are
receive

will

The

parties

end Walter
overtime

cay

of

further

for

of

agreement

this

bargaining

called

agree
ere

each

of

into

tour

work

4

ROBERT P

E

of

the

employees.

resulting

hours

pay

Memorandum

covered

under

officers

by

in the

from

practice

existing

from a shortage
starting

the

K-9

etgible

the

of

manpower

start

of

this

call-in

above

Bomb Squad Oicers Paul Koenig John ORouri
of eight
hours of
to receive
a minimum cal-in

on

the

a

April

21

parties

1995.

hereto have

se heir hands

June i595.

/r

tRE3FDWOOS

GAN

PRESIDENT
POLICE BENEVOLENT

i

C

agreement other than

1

j

$ggfijon

duty.

Gnorek

pay

execution

of

with

in

read as follows.

to

and K-9 Bomb Squad as covered

minimum

a

tour

requested

In

sentence

first

effective

collective

H.M.T.

1

the

Agreement dated August 9 1994

ASSOCIATION

SOC.

DIRECTOR
LABOR RELATIONS

this

2 3

 .

COMMANDING

S.W.A.T.

CORRESPONDENCE

INTRA-DEPARTMENTAL

Bl3FFALO POLICE DEPARTMENT

SUBJECT

CFFICER
U.R.T. a.M.T_

DATE

1/26/87

fr

Ccertime/C
Time Rates
ensatory
5.7.A.T.
.R.
end B.a.T.

RUM

Ralph

Cecehhart

V.

-missloner

e

.

shall

following
members

If a

of

olice

or

be

the guidel_ces

5.d.A.T.

the

.R.T

S.i..T.

e

U.R.I.

or

crantinc

_c_

and

H.1.T.

H.M.T.

rerr

er is

c

entitled

to

If
a
member
operation
he

16

sixteen

coapensatory

is

off

shall
hours

duty
be

on duty

8

shall
be aranted
ei
operation
member is on cute and reports
to a scene
not

e%comcensatorv

ci

e

Teams
and

participates

in

hours

time.
comoensatory
Ices r
particiate

but

an
a

he is

time.

and

_s

compensator

called

either

granted

and

in

8

eight

oarticioates

ours

overtime

in an
pay or

t_.-.e.

a member is off duty and tae operation
exceeds
eight.8 hours in
duration the member will be emit d to comoensatorv time only for each
If

hour

in

excess

compensatory

of

time

eight

8

hcurs

granted for

ccmouted

each

hour

tre rate

at
worked

in

of

two

excess

of

2

hours

eight

8

hours.

If a member is off duty and is called
operation
shall
be granted
__
eight

-zmmanding

8

hours

Officers

but does

in

er

four

4

not

participate

hours

members

c_ the

compensatory time.
Of

the

affected

Units

are

to

31p

Ica

the

pay or

advise

Team

above.

/

in

overtime

ennar%

 Preferred Overtime

2.7

Employees
Commissioner

The

date.

lists

established

month period following
of

the

his

All hours

worked

annual and personal
hourly

as

of

result

a

and

leave

shall

six

6

this notification

notification

scheduled

the

shall

the

contain

at the

An

be

in effect

list

done

are

for the

six

1

6

or personal

of

1/2

the

of

the

notify

retirement

consecutive
the

desiring

while an employee

so

of time and one-half

so

requested

utilized in order

approved annual

for

preferred

overtime

unused

illness

or

of

discretion

off-duty
shall

list

injury

have

more than

deducted

six

6

the

Commissioner

of

in

a

seniority

work

to

leave.

is

using approved

employees

base

salary

If
satisfaction

overtime

1

of paying

practice

the

of

overtime

preferred
the

cash value of unused

the

procedure

list

excess

year

of six

who subsequently
his

following

6

days from

for serious

his

illness

is

off

on the

placement

accumulated

can be

made

at

Police.

employee may work overtime from the preferred
week of preferred
may not work more than one
not be eligible to work overtime while on annual or
personal

The

in

and

leave

personal

calendar

lump sum. Exceptions

An

employee

in the

days

number of days

the

which would otherwise be paid

time

vacation

the sole

who has worked overtime while on annual or

employee

to

is

list

leave

annual

abused

in

leave

1

during one

overtime in any

calendar

any subsequent

shall

those

continue

abuses

as

be

will

calendar

month.

calendar

Such

year only.

Such

employee

will

year.

presently

in

corrected

to

effect.

the

reasonable

City.

Court Time

Police

purpose

hourly

hourly

rate for

who

Officers

of testifying

regular

2.9

shall

must

list

employees

rate.

duty due

2.8

prior

to the

names of those employees

the

head

overtime
rate

overtime

preferred

be assembled and

shall

department

preferred

be paid

Police

months

procedure

only and

list

by

of

Department

writing

overtime

preferred
are

the

in

of

result

month of

overtime on those days they

on

designee

as a

the

The

applicants.

be placed

to

desiring

of Police or

at

rate for

such

are

required

any time

to

appear

than during

other

time so spent and they

all

in court
their

shall

before

own

any

regularly

be guaranteed

or

regulatory

scheduled

administrative

agency

work period shall be paid

at least four

4

hours of pay

for the
at their

at their regular

time.

DepartmentalConference

Any member who

is

directed

to

appear

at

a departmental

AWARD
-

SANDS

AWARD

Article

Time

shall

2.8

of

-

COURT TIME

the

not be paid

to

parties

an

officer

-

collective

ARTICLE

II

-

Section

bargaining agreement

subpoenaed

by the Union

8

in

2.8

shall

be

amended

a proceeding

for the

to

add

Unions

this

sentence

interest.

Court

 AGREEMENT
2.7

Overtime

Preferred

Employees desiring to be placed on the Department of Police
preferred overtime list must so notify the Commissioner of Police
in writing six
months prior to the employees
or his designee
The requested retirement date shall be
requested retirement date.
The lists
clearly stated in the notification to the Commissioner.
established as a result of this notification procedure shall be in
consecutive month period following the month
effect for the six
of notification only and shall be assembled and utilized in order
of the seniority of the applicants.
The preferred overtime list
shall contain the names of
those
employees desiring to work
overtime on those days they are scheduled by the department head
for approved
annual or personal leave.

6

6

All hours worked as a result of the preferred overtime list
done so while an employee is using approved annual and personal
leave and shall be paid at the rate of time and one-half
1/2 of
the employees base salary hourly rate.
are

1

who has
overtime while on
An employee
worked
annual
or
personal leave and who subsequently is off duty due to illness or
six
off-duty
injury more than
days in the calendar
year
following his placement on the preferred overtime list shall have
deducted
the number of days in excess of six
days from his
accumulated unused vacation time which would otherwise be paid in
a lump sum.
Exceptions for serious illness can be made at the sole
discretion of the commissioner of Police.

6

6

An employee may work overtime from the preferred overtime list
calendar year only.
Such employee may not work more
during one
than one
week of preferred overtime in any calendar month.
Such employee will not be eligible to work overtime while on annual
or personal leave in any subsequent calendar year.
Any employees
Preferred overtime is using it in
using the
anticipation of
retirement.
If
does not retire on the stated
the
employee
retirement date
he/she will not thereafter be entitled to any
overtime that becomes available unless all other officers eligible
for the overtime decline the opportunity to work that overtime.

1
1

shall

The practice
continue as
If

abuses

paying the cash value
presently in effect.
of

of

unused

annual

the preferred overtime list procedure is abused those
will be corrected to the
of the
reasonable satisfaction

City.

Richard T. Donovan
Commissioner of Police

Dated

leave

/

/y

Robert P. Meagan
PBA
President
90Z.

Dated

a-

t

f7

/7

 PREFERRED OT
Dec 16 0825s2b

Subject

Date

Wed

SUBJ

ALL

1992

14._.3

PREFERRED OVERTIME

14 1992

AS OF DECEMBER

IhgI

Message-ID

ALL PERSONNEL
AGREEMENT REGARDING

ATTN

ATTN

Front

.S

THE

POLICE DEPT AND THE

BUFFALO

PERSONNEL

POLICE BENEVOLENT ASSOCIATION HAVE ENTERED INTO AN AGREEMENT
MODIFYING ARTICLE II SECTION 2.7 OF THE COLLECTIVE
BARGAINING AGREEMENT CONCERNING PREFERRED OVERTIME.

AGREEMENT
REGARDING

NOW A MEMBER REQUESTING TO BE INCLUDED
ON THE PREFERRED
OVERTIME LIST MUST CLEARLY STATE
HIS/HER REQUESTED RETIREMENT
DATE.
PREFERRED OVERTIME
IS TO BE USED
IN ANTICIPATION OF

PREFERRED
OVERTIME

IF THE EMPLOYEE DOES
RETIREMENT.
NOT RETIRE ON THE STATED
RETIREMENT
DATE HE/SHE WILL NOT THEREAFTER BE ENTITLED TO
ANY OVERTIME THAT BECOMES AVAILABLE UNLESS ALL OTHER
OFFICERS ELIGIBLE FOR THE OVERTIME
DECLINE
THE OPPORTUNITY
TO

THAT

WORK

OVERTIME.

OF THIS

A COPY

AGREEMENT

RT N SCHRECKENBERER

Subject BRIDGE CLOSINGS
Date
Wed Dec 16 082622
MICHIGAN AVE
BRIDGE AND

ATTENTION

OHIO

INFORMATION

LIFT

BRIDGES

LAWRENCE

THE

BUSINESS.

BAYERL/DPC

R

From
EST

hql
Message-ID

1992

19424

ALL COMMANDS............
RECEIVED FROM

DON

POLETO.

OF

THE

DEPT

PUBLIC

OF

WEDNESDAY.
DEC 16-1992
ONE LANE OF
AT 0800 MRS.
ALSO ON WEDNESDAY.
THE MICHIGAN AVE BRIDGE WILL BE REOPENED...
DEC 16TH
THE OHIO STREET LIFT BRIDGE
WILL CLOSE AT 0900
MRS

AND
CLOSINGS

UNTIL

FOR

THE

12/16/92

1300

HRS.

ENTIRE MICHIGAN AVE BRIDGE WILL CLOSE AGAIN AT
THAT SAME DAY WEDNESDAY. DEC 16 1992.
THE OHIO
STREET LIFT BRIDGE WILL REOPEN COMPLETELY
ON WEDNESDAY. DEC
RT H SCHRECKENBERGER
ALSO

SubjeC

ATTN

IN

THAT

WORKS

OPENINGS

Date

BE FORWARDED

WILL

Wed

ECC COLLEGE COURSE
Dec
16 082713
EST

ATTENTION

ALL

16.

1300

AT

HRS

1300HRS

1992.

CAPT

A.GAWRON/TRAFFIC DIVISION

From

bql
Message-ID

1992

19425

COMMANDS

ALL
ARTICULATION AGREEMENT.
ERIE COUNTY
COMMUNITY
COLLEGE
CONDUCT TWO
COURSES FOR BUFFALO POLICE OFFICERS THAT
EARN
COLLEGE CREDITS.
THESE COJrSES ARE
IN

AN

2

TO

COURSE
C.R.
160 - CRIME IN
REGISTRATION FEE - 9185.00
THIS
AT

COURSE WOULD
1200

FEBRUARY

TO 1300HRS

1

1993

SOCIETY

-

3

IS

WILLING

WOULD

CREDITS

CONDUCTED AT THE BUFFALO
POLICE
TRAINING
ACADEMY
EVERY MONDAY.
WEDNESDAY
AND FRIDAY
BEGINNING
AND ENDING MAY
1993.
BE

7

 WAND
SCHWAN

WYSSLING

ATTORNEYS

AND

MONTGOMERY

COUNSELORS

AT LAW

DELAWARE AVENUE
NEW YORK 14209-1491
BUFFALO
1230

mA

MICHAEL

JAMES
RICHARD
W.

KATHLEEN
PATRICIA

SCH

t6L2M3

NIMBER

71610261

D

WYSSLING

H.

ERNESTO.

OHARA

E.

A.

TELEFAX

MONTGOMERY

L.

GIGANTE

TAMARA M.OTREMBA

October

13

1994

City of Buffalo
Division of Labor. Relations
City Hall Room 225
Buffalo New York 14202

Attn

Daniel J. Farberman

Re
Dear

Director of

Buffalo

Labor

Relations

PBA Overtime

Dan

Pursuant to our recent discussion regarding the use of call-in
lists versus
hold-over
lists I have
the
following proposed
language that may. resolve this matter.
The parties agree that when
overtime is necessary at the end of the shift or the beginning
of
the next shift the following rules will apply
1.

In cases
where an employee
is involved in a
particular duty such as arrest
the employee
will continue to the completion
of that duty
and will be held-over with no minimum payment
of

2.

overtime.

That in the case where there is an absence
on the subsequent shift and the employer
determines that such vacancy shall be filled
the call-in list will be utilized to fill
such vacancy and a minimum of four
hours
will be due such called in officer.

4

3.

That in cases where there is extra workload
on a particular shift which results in all
calls not being completed
within that shift
the employer has the option
of either holding
over employees
from the previous shift or
on the recall list or
calling in employees
a combination
thereof.
In such
cases the
employer will pay a minimum of four
hours pay in such circumstances
to hold over or
called-in employee

i

4

ANSTEY

 Daniel

J.

Page 2
October

Farberman

13

4.

1994

numbered 2 and 3 above the employer
In examples
will request employees
to work such
shift
in order of seniority and if refused or
then the employer will by inverse
declined
order of seniority assign such officers.

If you have any further questions
regarding this matter please
do not hesitate to call or write my office.

Very truly yours
SCHWAN

WYSSLING

Richard

H.

MONTGOMERY

Wyssling

RHWpb

cc

W.J.

Schwan

Esq.

Robert Meegan President PBA
John J. Juszkiewicz
Vice President

PBA

I

4

 City

Of Buffalo

All

From

Lawrence

Precinct

Subject

O.T.

Date

October

The Department
to
it

work
is

as

Community

necessary

Officers
single

in

will

the

AVs

to

fill

a

Of Police

Police

Officers

1994

not oppose
Officers

the

PBAs

are

not

insistence

entitled

vacancy Community Police

officers

Of Police

Bayerl

Community

24

Police

Precinct/District

or those

R.

for

Police

Captains

Commissioner

Deputy

Department Of

Commissioner

Deputy

To

-

have

been

solicited

who have worked

less

to

that

Officers

but

those

overtime
will

prior

than 14

to

tours

Police

in the

be

eligible

designated

rotation.

only

after

all

When
other

on preferred overtime

officers
after

Officers

normal

returning

from sick/LOD

leave.

wrence

R.

Bayerl

Deputy Police Commissioner

i

 either

conference
so

at his

spent

of such conference

subject

2.10

There

B

All employees appointed

and

These

employees

Night

A
at

shall

provision

In

is

of

Police

in the

not

apply

the

term of

be

shall

at

required

of a

case

for the

compensated

a time

than during

other

member who

is

his

time

own

himself the

rates

to the

0730

whose

The night

tour

of pay
the

the

of duty.

of

position
incremental

any

for

regular

established

leaves

employees

Officer
shall

steps

be

of absence

salary in four

Agreement

on

or after July

ranks.

Police

4

paid

on

obtained

from

years

to Police

the

the

1 1980

revised

pay

date

have

shall

employees

without

suspensions

formerly holding

compensation

wage rates

personnel.

not assigned

of duty

shift differential

commencement

the

for

promotional

this

or

of

a

starting

anniversary

absences

date

without

hire.

Desk Lieutenant rank

shall

be

abolished.

Officers.

This

the

City shall

pay a

differential shall

night

apply

for

shift differential
all

hours

of

worked on

$.15

per hour

shifts

to

beginning

hours.

For employees

prior to

The

maximum

the

third shift precinct
to

in

steps

through

Differential

addition

those employees

tour

reach

effective

to the

steps.

adjusted

shall receive

Shift

1530 hours

B

will

Preferential

and

be

shall

employee

C

second

incremental

date

An

be no increment

will

4

four

be

will

A

leave.

all

appearance

Pay Increments

of hire which

2.11

This

Commissioner

the

his

investigation.

The following procedure

salary

of pay where

period.

of

by

or

superior

rate

hourly

work

scheduled

regularly

immediate

his

by

regular

of a

is

listed

tour

to precinct

between

in 2.11

of duty or

duty a

night

1400 and 0730

A

and

B

the twenty-five

9

shift differential

of

$.15

per hour

shall

be paid

to

hours.

shall

not be paid

25 minute

fifteen

15

subsequent

to the

for the

period

minute period
conclusion

of

 ARTICLE

III

HOLIDAYS
Holidays Reeoenized

3.1

The following

New
Dr.

and Observed

recognized

are

Years

Memorial

Thanksgiving

Day

the

be observed

Holiday

3.2

any of

holiday.

the

Day

shall

holidays

be

celebrated

listed

Whenever any of the

above
holidays

on

shall

the

third

fall

listed

the

receive

straight

Monday

in January.

on a Sunday

above

shall

fall

the

Presidents

succeeding

on a Saturday

the

shall

Day

Monday

shall

preceding

be

be

Friday

as the holiday.

Pay

in December of 1987 and in recognition
of the police officers work schedule
on or before December 15 of each year a lump sum payment which is equal to four

Beginning
shall

Day

Day

Christmas Day

Day

Birthday.

as

Election

Veterans

King Day

Agreement

Day

General

on Washingtons

this

Columbus Day

Day

Presidents
Day
Good Friday

Whenever

shall

Labor

Dr. Martin Luther

observed

the purposes of

Day

Martin Luther King

Independence

celebrated

for

holidays

time

rate

of pay

for

each of

the

above-referenced

10

holidays.

each employee

4

hours

pay

at

 ARTICLE

IV

VACATIONS

4.1

Elieibility

Each
vacation

in

and Allowance

who

employee

each

calendar

Years of Completed

have

shall

year of

the

been

in the

3

weeks

6

3

weeks

7

3

weeks

2 days

8

3

weeks

3

9

3

weeks

4 days

4 weeks
4

weeks

12

4

weeks

13

4 weeks

14

4

weeks 4 days

15 and over

5

weeks

by

the

City

on

according

or after

to the

July

year

shall

be granted

a

day

3

days

into

positions

represented

by

the

Union

shall

be

following schedule

Vacation

Service

l

2 days

1 1984

1-2

1

Allowance

week

3-6

2 weeks

7-9

3

10-15

4 weeks

16

1

days

11

hired

one

years of service

day

l

10

entitlements

for at least
to his

Vacation Allowance

Service

2 weeks

Years of Completed

and over

weeks

5 weeks

Non-cumulative

Except
calendar

as

provided

year in which

the

for

under

employee

Section

became

4 hereof

vacations

eligible for

such

are

vacation

non-cumulative

and must be taken during the

period.

Prorated

In the event an employee does not complete
shall

City

5

granted vacation

4.3

the

corresponding

1234

Employees

4.2

of

employ

duration

following

be

prorated

in

accordance with

the vacation

a

full

entitlement

4A Carryovers
Vacation

carryover means

carrying

unused

vacation

11

twelve
chart

12 month year
which

appears

the

employees

in this Article.

vacation period

 two

2

attending

requesting

physician

C An
There

employee being

be

shall

have
one
of

W-V

in

five

that

ill

illness

or

or incapacitated
accident

is

prior to the

of

taking

verified

medically

by the

disability.

of

his duties.

they

provided
precincts

option use a

at his

However

These

five

not taken

are

may

take

same has been posted

the

unless

members

the

two

2

days

consecutive

2

weeksvacation

period provided

1

one

may be taken

day

up

each of

to ten
his

the vacation
at

10 days

period

in addition

to

who work

the

1

a minimum of

is

in the

scheduled

other

any

one

periods and

vacation

a time can be taken

units except those employees

AN

consecutive

two

5 AN days

individual

in

of

days immediately preceding

his vacation
five

only

5

maximum

2 W-V

months

summer

long and

short

days.

Monetary Eouivalent

4.7

Upon an employees
of

equivalent

earned

in the

Vacation

unused

his

year of

termination

for

annual vacation

termination

shall also

Chart which

Entitlement

Vacation

4.8

appears

reasons

be paid

than discharge

other

earned

entitlement

on a

in the

pro-rated

basis

his

year.

estate

shall receive

Annual

upon termination

vacation

in

a monetary
entitlement

accordance with

the

Anniversary Date

An employees

vacation

anniversary

date

shall

be

affected

by

For example an employees date of hire is October 1 1982.
leave of absence
his vacation
date would be adjusted
anniversary
new

he or

previous

in this Article.

date

anniversary

is

all

leaves

of absence

same employee

If that

pay.

his

order

in

Days

days.

June July and August.

in the

such

schedule once

vacation

any

days immediately following

or

days

vacation

to the public.

that

the

of

follow

thereto.

may have two

Additionally he

two 2 W-V
1 week
5

vacation

of

date

maximum

a

to

which

forego scheduled

to

employee

limited

instances

specific

who may become

benefits

provided

in the discharge

injured

consent

Each employee may
at a time.

and

nature

no change

Weekly-Vacation

4.6

vacation

privileges

the

specifying

by such change

affected

to

an

service

be

shall

carryover

the

Changes

Scheduled

4.5

entitled

carryover

in

carryover

or requiring

requesting

Vacation

year.

may allow vacation

may provide and maintain adequate

Any employee

vacation

next consecutive

to the

The Commissioner

department

B
such

year

The Commissioner

weeks.

A
said

1

from one

entitlement

according

to the

or suspensions without
received

of

length

a

six

the leave.

6 month
Therefore

April 1 1983.

AWARD
-

SANDS

AWARD
1.

vacation

2.

bocomea

The

carryover

the

-

VACATION ARTICLE
-

third sentence
in the

Subparagraphs

Surat

two

B

of Article
specific

and

C

4.4

IV

of the

instances

of Article

- seetlon

pasties

4.4

collective

whichfotlow and

4.4

shall

bargaining

may allow

be exchanged

tbad.

12

so

agreement
it

in the

that

shell

be amended

to

reed

hie

Commissioner shall

allow

third

present

C

becomes

the

second

specific

instance

and

present

B

 Retroactive Vacation

4.9

An
Division

employee

of

Labor
vacation

Retroactive

Entitlement

requesting

entitlements

will

service

vacation

prior

within

Relations

twenty-four
be

credited

24

time with
months

retroactive

the

of

the
his

City must

of

date

make a

hire

in

immediately preceding

written

the

to

request

Police

twenty-four

24 months.

VACATION ENTITLEMENT CHART
COMPLETED

Years of Service

12

2 through

15

10

9

7

8

YEAR

IN QUALIFYING

6

5

4

3

2

1

10

9

8

7

7

6

5

4

3

3

2

1

5

15

14

12

11

10

9

8

6

5

4

2

1

6

16

15

13

12

11

9

8

7

5

4

3

1

7

17

16

14

13

11

10

8

7

6

4

3

1

8

18

16

15

14

12

10

9

7

6

4

3

1

9

19

17

16

14

13

11

10

8

6

5

3

2

10

20

18

17

15

13

12

10

8

7

5

3

2

11

21

19

17

16

14

12

10

9

7

5

3

2

12

22

20

18

17

15

13

11

9

7

6

4

2

13

23

21

19

17

15

13

12

10

8

6

4

2

14

24

22

20

18

16

14

12

10

8

6

4

2

25

23

21

19

17

15

12

10

8

6

4

2

or

4

11

MONTHS OF SERVICE

more

13

the

Department.

 V

ARTICLE

SICK LEAVE BENEFITS

sick

hours

per

A

of each

completion

C
compensated

D

A

E
to

thousand
hours

at

a

City

hundred

four

hundred

ratio

of

G
H1

Sick

to

accumulate

duty without

leave

207-c

in Section

of

the

into positions

shall

service

cam

the

on

credited

leave

physical

credits

day of

the

Union

shall

to

disability

at the

rate

of

the

8

eight

month next following

the

be

procedures

following

or other

sick

first

by

represented
the

the

1

year of
shall

be

service

shall

on

credited

sick

earn
the

first

leave

day of

credits

at the

rate

of eleven

month next following

the

the

defined

is

as

a

calendar

as

they

month

which

in

an

has been

employee

shifts.

sick

leave

as

long

are in the

of

service

the

City

up

to

a

maximum

hours.

credits

shall

be

transferred

with an

employee from one branch

of

the

City

thereof.

that

upon retirement

1440
2400 hours
forty

or

hours can
unused

be

sick

death

any accumulated

bought
leave

back

at a

unused

ratio

sick

leave

up

to

a

limit

of one

13 e.g. an employee with two

of

may use only one thousand

four

hundred

forty

1440

13.

leave

In

less

2400

sick

agrees

four

service

shall

hundred

of

be

forth

set

service.

3

or

year

shall

which

service

month of

branch

other

1 1984

July

conditions

City.

service.

three

Accumulated

any

the

following schedule and under

1

which

more than one

month of

but

four

F The
thousand

all

after

to the

than one

service

month of

credited

Employees

of two thousand

service

with

credited

for

less

month of

credited

calendar

terms and

the

full
pay during absences due to sickness
upon the following terms and conditions

credits

month of

Employees

hours per

upon

Charter of

the

on or

City

according

with

Employees

of each

B
11

leave

calendar

completion

leave

be granted

shall

their sick

of

the

entitlements

Employees
extent

by

hired

leave

sick

granted

Law and Section 238 of

Employees
granted

be

shall

Employees
General Municipal

may be used

instances

the

written

of

in

whole

disability

certification

due

shifts units only.

to illness

which

lasts three

of a physician provided

Captain.

14

3

shifts

notification

or

is

less

given

an employee
by

the

may

employee

return
to

his

 2
obtain

the

In

written

of

instances

due

disability

of a

certification

which

to illness

and/or

physician

the

more than

lasts

3

three

shifts

must

an employee

surgeon before that employee

Department

return

may

to

duty.

3

In

of a

certification

1
leave

equal

It

J

failure to

unauthorized

K
light

duty

perform

comply

An

due

in a

to

with the

is

sick

of

off-duty

Police

period.

be

to

due

disabled

subject

to

to

illness

employee must

the

employee

or

may

return

obtain

to

the

written

This

duty.

account of

of

Police

or his

employees

absence

his current

have

shall

designee

illness.

In

an

on or

the event

may be considered

as

action.

injurywill be permitted
the

by

accurate

their entitlements

reasonable proofs of

for disciplinary

off-duty

determination

excess of

Commissioner

require

Article

be cause

in

leave

the

may

this

may

privileges

sick

to

reported

Commissioner

requirements in

leave

that

maintain and monitor an

to

employee

or accident

before

or his designee.

subsequent pay

the

injury

surgeon

receive

and

leave

an

and

notice

sick

who

of using

the

request

illness are

absence

Abuse of

employee

in lieu

who

Employees

day of such

leave.

to

Department

of

the responsibility

All absences
first

the

by the Commissioner

number of hours deducted

before the
of a

be

shall

entitlements.

due

disability

and/or

requirement may be waived

sick

of

instances

physician

Department

surgeon

work on

to return to

that

the

employee

can

light duty.

AWARD
-

PROSPER AWARD

A

new

clause

- Article

shall

be added

V

to the

Agreement

which

a confinement

specifies

as

policy

by

the

member of

the

proposed

City as follows

a
Department

Unless otherwise

on

sick

1
2
b
the

Obtaining

c IOD

leave

exercise

the

by

or
Commissioner

his residence

prescribed

must be submitted to

leave

the

or

place

his

designated

of confinement

residence

his

for

in writing

Commanding

reasons

other

by

his

physician

Officer

than

cited

commanding officer.

injured

representative

a

except for

medical treatment

professional

Performing

Permission to

employees

authorized

will not

of which

treatment a copy

by

leave

on duty personnel

are

excluded from

15

this Section.

prior to

above

which

is

part

of

commencingsuch

must be

his

recovery

exercise.

documented

in

writing

 ARTICLE

VI

PERSONAL LEAVE
Entitlement

6.1

leave
shall

with pay each

do

shall

so

be denied
of

operation

before

hired

Employees
personal leave

his

All

and each
leave

fiscal

shall

year

be

shall

thereafter

An

be non-cumulative.

entitled

employee

7

seven

to

days

personal

requesting

at least forty-eight
48 hours in advance to his commanding officer. Personal leave
such a request will seriously hamper
commanding officer deems that granting
or impede the
command.
In the event of a personal
of a written notice
emergency which makes the giving
in writing

personal

Such

upon request.

1 1980

year which

if the

impossible the employee
emergency

July

fiscal

must

leave

leave

personal

full-time

otherwise

his

notify

commanding

may be granted provided

day

may not be taken

hired

employees

on

or after

of

less

1 1980

shall

in units

July

officer

prior

to

documentation

sufficient

the

of

than one-half 1/2

be

entitled

start

the

of

his

of a working

to personal

leave

Said

shift.

is

emergency

produced

day.

time with pay

as

follows

A
the

Two

employees

B

C
this

Seven

An
absences
received
of

4

7

employees

six

the

days

first

of employment.

year

This

personal

year of employment.

This

leave

entitlement

must be used

prior to

date.

in their

second

leave

personal

must be used

prior

to the

date.

days per year in
entitlement

their third

prior to their

year and subsequent years of employment.

next succeeding

anniversary

Said employees

must

date.

Leave Date

without

a

in their

anniversary

personal leave

6.2 Personal

length

days

anniversary

Four
second

employees

use

2

first

personal

leave.

6 month

leave

For
leave

and the

leave

date

shall

be

affected

example an employees
of absence

revised

personal

the

employees

leave

date

by

date

of

leaves

hire

personal

would be

16

all

is

leave

April

of absence

October
date

1 1983.

1

suspensions without
1982.

would

be

If that
adjusted

pay or
same employee

according

to the

 OF LABOR RELATIONS

DIVISION

ar

Room 225
New

Buffalo

716
Department

of

and
Eva

City

-

Hall

York

14202

851-5904

Administration

Finance

M.

Hassett

Daniel

October

Capt.

19 1994

Edward Hempling

Buffalo

74

J.

Police

Franklin

Department

Street

New

Buffalo

York

14202

Dear Capt Hempling
This

letter

to

is

confirm our conversation
for rookie

day allowances
contractual

right for

8 hours

thereafter

police

a personal leave

October

of

Rookie

officers.

17 1994

to

the

Police

Academy

Division they

Patrol

be considered

shall

as regards personal leave
who exercise their

officers

police

day during the

upon assignment

these personal leave days

therefore

work

shall

shall

receive

receive 10 hours.

shifts rather

than hours

worked.

This

change

is

necessary

make whatever

Please

to gain

Agreement and

Bargaining

its

conformance

10 hour

administrative

with the

workday

provisions

of

the

Collective

provisions.

are

adjustments

required

to

implement

change.

Yours

Daniel
Division

truly

very

Farberman

J.

of

Labor

Director

Relations

DJFAk

cc

R.

Gil

Kerlikowske

Lawrence

Commissioner

City

Joel

Comptroller

Giambra

Robert

Buffalo

Police

Bayed Deputy CommissionerBuffalo

Richard Pawarski

Lt.

File

Farberman

Director

Commissioner

City

Meegan

Auditor

President

Dept of Audit
Dept

of

Buffalo

Audit

PBA

Department
Police
Control

Control

Inc.

PLdays

AGE
ANTHONY

M.

/6

A

MASIELLO

MAYOR

Department

this

 ARTICLE VII
BEREAVEMENT
Each

permanent
for

compensation
such

death

employee

a period

This

who

commencing

bereavement

leave

is

absent from

from

shall

the day of

be

LEAVE

duty on account
death.

non-cumulative

Such
and

of a death

period

shall

immediate

in his

not exceed
to

non-chargeable

any

five

other

family

5

shall

receive

his

established

consecutive calendar days

The

leave.

employee

must

for

attend

each
the

mother-in-law
funeral

or memorial

The

immediate

sister-in-law

residing

in

the

service

and

family

shall

shall

notify

include

the

Commissioner

the

spouse

brother-in-law daughter-in-law

household

of the employee.

grandparent

son-in-law

Step-relatives

of Police or

are

and

defined

17

C

his

parent

any

as

designated

child

other

grandchild

relatives

stepparent

representative

of

brother

of the employee

stepbrother

stepsister

his

request

sister

such

leave.

father-in-law

or of

and

for

the

stepchild.

employees

spouse

 del

pletti

hERUVE4ENT

LEAVE

is absent from duty on account
Each
who
permanent
employee
death
in his immediate family shall receive his established
Such
for a period commencing from the day of death.
compensation
for
calendar
five
consecutive
days
shall
not exceed
1.5
period
death.
This bereavement
leave shall be non-cumulative
each such
must attend
to any other leave.
and non-chargeable
The employee
the Commissioner
the funocalor- memorial -service and ehall.notify
of
his request for
of
Police
or hie designated
representative
such leave.

ota

The

immediate

child

parent

shall

faatily

grandchild

spouse grandparent
father-in-law
sister

include

the

brother

sister-in-law
brother-in-law
daughter-in-law
mother-in-law
of
the
relatives
of the employee
or
and any other
son-in-law
of
the
in
the
household
employee.
residing
defined
as
stepsister
stepparent
stepbrother

employeesspouse
are
Steprelativee
and stepchild.

Subject.

Bereavement

l1nP

After
will

much

It

is

the

also the

by the

hours

lAlicy

contract

of

h

r

The

Wvs

60 days.

71 QQR

the

Department

and

dai

the

the

and

total

the

PBA

PBA

the
the

and

WVs

have decided

number of hours

Bgffalo Police Department

between

time of tho
bereavement-

bereavement

next

Sion

be calculated

covered
at

N

Leave

the

shill

City

be

will

in relation

that

if

that

cancelled

and

to

a

at

the

end

of

the

bereavement

leave

Deputy

Leave

death
his

in the

WVs

family

as

scheduled

person

will

be .pu on

or

at

time

within

R.

Bavert

the

leave

canthen be taken

Bereavement

set at 40.

a person has

Lawrence

.

be

Police

any

Commissioner

the

 ARTICLE

VIII

PAY

LEAVES OF ABSENCE WITHOUT

General

8.1

A
City

Whenever a

agency

Council a

the

B

certificate

without pay

of absence

leave

forth the

setting

of Police be granted a

effective

date

for successive

of

his

periods

1

more than one

not

elected

is

of appointment

election

of

the

or

of absence

leave

such

to

year

in

to public

appointed

without pay

sole

office

Such

leave

or

department

for presentation

at the

to

of absence

of

discretion

more than one
shall

of the Commissioner

discretion

the

ends.

shall

a period of not

office.

public

the

for

of

Clerk

City

begins and

of absence

leave

the

with

head

the

employee
file

1

the

year from

be renewable

of Police.

Union Business

8.2

Any employee who is elected to a Union office
him from his employment with the City shall upon
Commissioner
it

shall forthwith

on which

date

an

to

granted

is

without pay

Any permanent employee who

Commissioner
the

of absence

leave

such

granting

be

shall

of Police be granted a

renewed

Commissioner

of
be

shall

activity

Commissioner
written

of

request of

extended

or

Police.

any

Any member of
a

granted

Union

of

leave

Such

Police.
the

at

leave

and

the

of absence

leave

upon the
Union who

not

to

consent of

at

the

exceed
the

designated by

is

written

without

time
the

absence

is

who

or
the

of

the

shall

of

request

but

it

and

work which

two

not exceed

Union and

any

other

any time

at

the

years but

consent

the

be renewed

2

consent

the
in

takes

consent of

the

to participate

the
shall

do

to

Union and

the

by the Union

1 month

Union
Union

the

leave

request

selected

written

one

This

pay.

written
is

of

request

of

the

Union
of

the

upon

the

of Police.

Commissioner

8.3 Maternity

Maternity
leaves

Maternity
exceed

8.4

six

6

upon

to

exceed

the request

6 months

six

of

the

shall

be

granted

employee be extended

or

upon

renewed

the
for

of an

request

an

additional

employee.

period not

to

months.

AWOL
Any member

employment
recourse
will

not

leaves
shall

terminated

to the

provide

the

absent

by

disciplinary

employee

without an
the

authorized

department

procedures contained
with

all

benefits

leave

head

for

without a
in the

which

he

more than twenty
hearing.

collective

has

member who

18

Such

Agreement.

previously

earned.

20

working

termination

days

shall

be

may have
final

Upon such termination
The above

shall

also

his

without
the

apply

City
to

a

 fails

to return

the leave

from an

of absence

authorized

without

leave

of absence

without pay within

pay.

19

five

5

days subsequent

to the

expiration

of

 ARTICLE

IX

RETIREMENT BENEFITS
20-Year

9.1

Retirement

The City has adopted
earned during

compensation
as

in

provided

Section

Employees

War

II

as

provided

The City
Retirement and

302

the

make

will

Social

9.2

Career Retirement

Any employee
of the Retirement and
15

February
receive

a

adjustment
employee
in a

year

will
in

the

Social

the

provide

shall
the

for military service

purposes

Social
15

in

be equal
retirement

to

Year
the

resolution

Security

Law twenty

a

the

salary

period ending on

the

of

regular

retirement

during

World

plan

Law the

calendar

Plan provided

benefit

when

1/50th

of
he

than

the

plan may

March 31 of the

will

384-d

of

the

Plan

set

in

out

Section

fraction.

Career Retirement

transfer

Any employee who so

year.

1/3

plan from which

adjustment

in Section

authorized.

Career Retirement

the

provide

20 years

other

375-i

upon the Employers

one-third

to

Retirement

1/60th

375-1

retirement

Security

of any

20

shall include

the

cost

difference

and

transferred

as

savings

a

to the

375-i

elects

to

result

between

the

the

plan.

375-i

the

year

be based

calendar

in

which

upon

the

the

Employers

year of payment.

20

employee

of such

This

to

savings

set

out

plan during

Employers

elected

cost

Plan

transfer

to

the

in

Section 375-i

the

period

375-i

plan

transfer.

That annual

cost

coverage

salary

lump sum on December 15 commencing with the year in which the employee
thereafter.
The initial salary adjustment will be based upon the Employers cost

thereafter

mean
date

Law.

Security

for retirement

necessary

month period ending on March 31 of

i

final average salary
immediately preceding

that

service

Retirement

the

credit

Twenty

the

Plan Section

adjustment based

salary

of

to obtain

Law which

presently

March

to

entitled

available

Security

Retirement and

the

d

to

of actual

months

statute.

The City has adopted
of

375-i

12

9 paragraph

subd.

be

resolution

necessary
twelve

the

shall also

by

384-D

Plan Section

for

adjustment

exercised
savings

transfer
for the

his
for

a

option
full

to 375-i.
full

shall

twelve

shall

salary

of

said

be paid

and each

twelve
In

from

each

12

12
year

month

 tM1

vio-lated
l4

f.

this/60addiEional
the

benefitto

pension

unit

the

members

City

Agreement.

the

Accordingly

and

Final

following

Award

Binding

is hereby

made

AW A
1.

The

grievance

2.

The

City

violated

not

it had

Retirement
The

shall

City

clause

legally

possible

If

date

there

are

a

been

authorized

Association

Sec.

legal

by

pension

Sec.

384-e

of

the

Law.

Security

to

proceed

retroactive

of

fraction

thefullest

to

implement
that

degree

to

the

the

this

1

August

is

1988

384-e.
to

impediments

be

This

the

full

made

the

will
with

either

this

as

PERB
Case

order

the

to

their

Nos.

the

further

attorney

3 and

due

to

clause.
solely
4

hearings

advocates

retirees

pensions

jurisdiction
of

be ordered

or

employees

in implementing

implementation

sessions

Since

whole

will

hearings

compensate

Arbitrator retains

Arbitrator

of

further

to

Citys delay

the

to

Award

remedy

who cannot

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the

implementa-tionof
fashion

6.

with

1/60

forthwith

contract

this

6.

arbitrable.

Agreement

the

Social

and

effective
4.

its

implementing

after

j

is procedurally

bene-fit
by

3.

D

R

in regard
The

above.
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request

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RATOR

i

rWT-W

ivy

 X

ARTICLE

SENIORITY
Definition

10.1

means

Seniority

rank of probationary

the

The Department
adhere

to this

While

policy

of

the

1
among

and meets the

In

event

that

by

the

2
Bids

shall

of

basis

Prior

has

Benevolent

be

shall

position

in the

affected

to

the

the

of

date

his

to

appointment

the

as

any newly

appointed
of

The bidding procedure within

least

senior

Police

Police

on a departmental
the

the

employees
of

basis

matters

the

be

of

is

not mandatory

Police

that

has

the

to
the

provided

bid

the

final

the

or

has

the

of the vacancy.
be

shall

and meets

ability

from

filled

applicant

filling

position

be

to

on such vacancy

senior

prior to the
the

is

precinct

entitled

vacancy/position

seniority

a

in

position
shall

seniority

Commissioner
on

make every effort to
the work involved.

shall

perform

by

filled

the

qualifications

as

Police.

Commissioner

provided

the

on such

President

or additional

the

bids

precinct

with

precinct

of

by

specified

affected

on

to

qualifications

procedure.

such

filled

vacancies and

filling

and

ability

a vacancy

that

be

the

grievance

that precinct

to

in

seniority

Association

to the

subject

assigned

qualifications

be accepted

seniority

of

applicant

determined

is

Commissioner

position

precinct

importance

Police

it

or

no one

employee within the
specified

the

shall

already

ability
the

the

Whenever

The vacancy

position.

the
senior

recognizes

Department

employees

commencing with

service

Officer.

provided
with

consultation

decision

of an employees

length

Police

wide

to

has

10.12

being

announce

basis

applicant

subsection

Officers

shall

fill

the

the

such

ability

shall take

assigned

a

precinct

assignments

to

positions and such
and

place

once

vacancy

filled via

perform

prior to the

the
will

positions
to

qualifications

only

patrol

be

the

or additional

police

be

work

assignment

teletype.

filled

on

the

involved.

of any rookie

class.

3

Whenever

of

outside
precinct.

said
In

assignments

10.2

those

cases

shall

be

perform

satisfactorily

assignment

precinct

in the

Vacation

it

is

such

that

assignment

shall

when such

made on
this

temporary

the

basis

temporary

of

an employee

from a designated

made on

the

basis

assignments

are

not requested

be

least

assignment

and

personal

employee

Leave Day

leave

days

shall

be

selected

21

on

of

However

seniority.
that

future.

and Personal

Vacations

determined

the

precinct

seniority

in

be

temporarily

by any employee
the

may not be

assigned

of the employees within

event

an

considered

said

employee
for

this

that

temporary
does

not

temporary

 basis
or

of

10.3

The term

10.4

A

that

circumstances

one time

make

employee with

the

in the

it

number of employees on vacation

limit the

to

necessary

the greater

seniority

Annointments

to the

Assignments
within

C
Detective

the

Continuous

and

continuous

details

be given

shall

preference.

up

longer during which
for the

D No
emergency

are

-

to the

Detective

situations

be

made

For

in the

to the

of

detail

made

and

above

mean

shall

permanent appointment

the

the

of

detail

the

length

or an

to that rank.

the

serve

this

date

or
in

and
of

the

Section

of

his

reduction

such

the

fast

of

position

the

Sergeant

Commissioner

of

original

not

budgetary

the

of Acting

subject

of
or

detail.

made from

be

detail

are

or reduction

to

respective

appointment
to

such

of

detail

of

Detective.

to the provisions

Detective

constitute

an

sixty

interruption

Sergeant

followed

position

Any period of

position.

shall

due

Police.

appointment

the

abolition

the

shall

Sergeant

made from

Detective

the

Detective

within

seniority

Detective

be

event of

or Acting

order of

shall

Detective

abolition

did not

Detective

Detective

purpose of

mean

- In the

Position

inverse

at the discretion

shall

time of

an employee

his

of a

Sergeant

of Acting Detective

Service

purpose of

Detective

the

Detective

Acting

service

of
shall

to

of

date

and Acting Detective

All assignments

and

this Article

the

Abolition or Reduction

details

-

Lieutenant rank

in the

commencing with

demotions

reasons

officers

to

applied

Detective

All assignments

Detective.

10.1

Sereeant.

positions

B

as
rank

in that

Demotion Upon

administrative

in

any

seniority

service

Detective

allocated

service

event

the
at

Officer

employees

of

In

seniority.

on personal leave

60

by

days or

of continuous

this Section.

or Detective
as specified

Sergeant

in Article

shall

2.2D

be assigned
of

this

22

patrol

Agreement.

duties

either

in or out

of uniform

except

 H2Tc

c

c

OF

MEMORANDUM

WHEREAS
Buffalo

Police

periods

-

/7

JAN/c/c/

GREEMENT

issues regarding

of seniority within

the application

the

and

have had continuing

the parties

of absence and

WHEREAS

if

discussions regarding

so under what circumstances and

have reached agreement as

the parties

whether seniority accrues

to

when

seniority accrues

or

does not

and

accrue

WHEREAS
interpretation

IT

the parties desire

of the collective

This

Settlement

modify or amend

in

Effective

2.

otherwise takes

employment

outside

public

3.

absence

force

or

as

and

1

4.

agreement

understanding and

follows

1994.

effective

September

This Memorandum

of the December

1 1994

1 2005

of the

shall

supersedes

of Agreement does

Settlement

Agreement.

the parties

not however

The

said

effect.

September 1 2005 an employee who applies for and

a personal

This provision

period.

full

2.

their

agreement.

of Agreement

December

paragraphs l.

continue

provisions

dated

memorialize

AGREED

Memorandum

Agreement

to

bargaining

IS THEREFORE

1.

to

have been continuing

Department

WHEREAS
during

there

n

leave

of absence education

PBA

bargaining

also apply

to

leave

of absence and/or

unit shall not accrue

all

bargaining

unit

bargaining

is

a-

approved for or

leave

ofabserice

unit seniority during

members who are elected and/or

for

the leave

appointed

office.

In the event

an education

leave

an officer returns

of

absence and/or

to

a bargaining

unit position

an employment leave

following

a personal

leave

of absence as the case maybe

of

 r

r

e

said officer shall

This provision

4.

accrue

also

apply to

unit

bargaining

all

seniority

is

is

to

expressly

seniority he/she

had when the leave

members who are elected and/or

commenced.

appointed

to

prospective

in his/her

current

that

unit

any bargaining

the

continue

to

accrue

3.

above

an officer

shall

continue

Department

either party

is

unable

-n C
Y

member or former

and who

bargaining

to

fill

meet

shall

maysubmit

WITNESSETH WHEREOF

is

currently

bargaining

unit

employed within

an

to

exempt position

resolve

the dispute

the parties

to

have executed

any appointment problem or

Arbitrator

this

Selchick

Agreement

for resolution.

this

2C -day

BUFFALO POLICE BENEVOLENT

POLICE DE

ASSO

By

By

Bye

FORM

1

the City

because of the

CITY OF BUFFALO

CITY OF B

member

unit seniority so long as he/she

2005.

APPROVED AS TO

to

position.

of seniority the parties

non-accrual

Absent resolution

IN

agreed

shall

In the event

6.

2. and

1.

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SUOTJ

 ARTICLE

SETTLEMENT
Grievance

11.1

A

of

Step

I

and

superior

this

of

grievance

-

the

superior

who

shall detail

shall

-

If

a

submission of

answer

of the

shall

the

schedule a meeting
papers

Commissioner

of

M
Public

-4

-

Police

If

not

thereof

shall

satisfied

conclusion

B
the time

The

Board

of

the

If the

days.

of

the

orally to

grievance

20

days of

calendar
is

meaning or

application

the

2
in

grievance
a

is

the
the

immediate

employees
occurrence

of

the

facts

later.

made within two

answer

later than

which

five

the

to the

thereto
ten

time

5

days

not

is

disposition

days

after the
to

writing

of

rejection

the

thereafter

procedures.

The
His

constitute

the

oral

submission

next immediate

his

grievance

be

the

then

take

any of

of

the

right

the

said

answer

be

decision

his

authorized
further

of

the

Police

and any

The

present.

grievance.

in

within

and binding upon

action

be

to the

selected

of the

date

grievance

to

Union may within

issue

proceed

the

grievance with

of the

entitled

to

the

to

the

is

arbitrator

final

to

his

the

The Commissioner

receipt

Union

answer

shall

shall

of

days from

submit

Police.

in writing

impartial

Arbitrator

decision

a waiver

date

and/or

of Polices

matter by submitted to an

of

after the

set forth

5

five

thereafter

Commissioner

employee

Commissioner

made within

10 days

ten

10 days

the

Union or of an employee

shall

therefore

not

is

the

regarding

employee whichever

Union may within

of testimony and argument.

failure

limited

with

that the

request

Employment Relations

after the

within

to the

disposition

5

five

reply

at

submit

shall

parties

in writing.

the

be held not

his office

the

manner

Union may submit

settlement

grievance

to

at

of

between

following

within twenty

facts

the

therefore

superior with any

accompanying

after receipt

and/or

satisfactory

written

said

reasons

Union

of such

same within

answer
his

the

settlement

employee

arise

may

settled in the

representative

or notice

If a satisfactory

superior

Step 3

Union

employees

rise to the grievance

2

be

shall

The employee and/or

-

the

Step

which

dispute

Agreement

giving

the

OF DISPUTES

and Arbitration Procedure

Any grievance or

interpretation

XI

ten

10

days

accord with
thirty

30

the parties.

by this
and

shall

Section

within

terminate

proceeding.

11.2

Matters

A

Relevant

The Union

to

Grievance

shall

Procedure

provide agreed

upon grievance forms in adequate numbers.

AWARD
-

SANDS
1.

AWARD
Article

a

-

GRIEVANCE PROCEDURE

XI of the

Step

1

parties

shall

collective

bargaining

- Article

XI

agreement

read

23

shall

be

amended

in the

the

days

following

respects

the

 AWARD

-

SANDS

AWARD

-

GREIVANCE PROCEDURE

The employee and/or
line superior

holding

b

Step

Ts

If

submission
days
the

of

the

thereafter

to

a

shall

sentence

the

employee

employees

XI

Article

submit

shall

to

or

the

the

orally to the

grievance

Captains

designee

when

direct

employees

the

is

Captain

not

on

as in original.

read

settlement

satisfactory

or

and/or

line supervisor

when

the

Division

not

is

disposition

the

direct

Division Inspectors designee

within ten

Union

the

.. Continue

days

first

grievance
the

-

rank of not lower than Captain

the

20 calendar

duty within twenty

CONTINUATION

made

2

two

within

Union may submit the grievance

days

in writing

holding a rank of not lower than Division
not

is

Inspector

on

duty who

shall

after

the

oral

within ten

answer same

10

or

Inspector

to

in writing

10 days.

c

In Step

d

Step

4s

If

days

after

shall

receive cases

receipt

first

first

not

thereof
in the

3s

sentence

sentence

satisfied

submit

the

following

Elizabeth

Howard

shall

with

5

the five

be

the

grievance

alphabetical

day time

amended

to

Commissioner
to

limit shall

by one of

all

other

Wade

Croft
David

Foster

respects

answer
the

the

Union may within

following panel of

Article

11.2

E

shall

be

ten

Arbitrators

10
who

Employment

Relations

Newhouse

Taub

Board procedures

shall

govern

proceeding.

e

days.

Randles
Eli

Public

10

order of rotation

Paul Klein

In

to ten

read

of Polices

arbitration

be changed

amended

to

change

24

the

word

may

to

read

shall.

the

arbitration

 B
C

D

Any

of

step

In

to the

the

the

of

G

1 Step

1

Expenses

of

Police

the

by

definition

nor

Police

the

arbitrator

or

may

type grievance

organization

in writing.

any evidence

consider

otherwise agreed upon

the parties unless

of a group policy

case

For purpose of

in 11.

of

in writing.

may be bypassed by mutual agreement

grievance procedure

discussed between

Commissioner

F

may be extended by mutual agreement

procedure

Commissioner

the

previously

E

specified

limits in the

Neither

have not been

directly

The time

the

by

or facts

which

the parties.

grievance

may be submitted

Union.

days

shall

not

include

and

the

Sunday

Saturday

or holidays

except

as

otherwise

this Article.

for the arbitrators

services

proceedings

be borne

shall

equally

by

the City

and

the

Union.

H

No

amend modify or

New

York.

step

at the

I
waiver

of

arbitrator

functioning

delete

provision

any

The Union

shall

time of submission

the

right to

proceed

provide
in

under
of

this

to the

provisions

Agreement

Division

accordance with

of
or

the

of Labor

this Article.

further.

25

grievance

render

any

procedure

award

Relations

However

contrary

a copy

shall
to the

of each

failure to

have

grievance

do so

the

laws of

will

power

the

State

filed at

not

to

of

each

constitute

a

 ARTICLE

AND DISCHARGE

DISCIPLINE

12.1

IIII

Disciplinary Action

A
provided
moral

A

permanent

in this Article

B

except

and then only

turpitude

for

or

stated

a hearing upon

measures

or

or misconduct

incompetency

after

action

Disciplinary

not be removed

shall

employee

otherwise

or

for

to

subjected

committing a

any

felony

or

penalty

disciplinary

any crime involving

charges.

only of

shall consist

the

following

Reprimand.

A fine

not
or

salary

one hundred

exceed

to

for

in

grade and

Dismissal from

12.2

Procedure

copy

of the charges

upon

serve a

written

accused

to

exceed

title.

the service.

A permanent

served

a period not

60 days.

Demotion

A

be deducted from

to

wages.

Suspension without pay
sixty

$100

dollars

employee

preferred

Commissioner

the

answer within

defaults

in

of

him and

Police.

he

be

shall

action

disciplinary

shall

A copy

time provided

the

answering

whom

against

against

of

shall

permitted

have
the

ten

10

charges

is

days

shall

to

also

answer

in

be served

be

deemed an admission of

to

show

matters

shall

proposed

the

in mitigation

be served with a

writing

said

upon the Union.
However

charges.

written

answer

of any punishment

to

be

Failure

to

where the
which

may

be imposed.

B
of Police
have

Within

shall

the

ten

10 days

conduct

right to

be

an

warrants

or

C

accept a plea of

In the

by

represented

The Commissioner

behalf.

event

after the receipt

informal

of

Police

conference
the

Union

shall

or

have

of

the written

upon
by
the

the

legal

answer

charges.
counsel.

power

to

to the

charges preferred

the

Commissioner

At such conference the accused person shall
He may if he desires present witnesses in his

dismiss or withdraw

the

charges

if the

conference

so

guilty.

that the

charges

are

not withdrawn

of guilty

26

or

dismissed after such

informal

conference or

it

a plea

 has not been

Commissioner

New

York.

becomes

York

of

unable

for the

referred

The

A

said

make

of

Pending

C

If the

or

charges

any period of suspension

If the

has been
the

of

final

the

the

the

be

to

an
the

impartial

Law of

hearing officer

the

officer

by

the

of

State

agreed

Court of

Supreme

hearing

person designated

Civil Service

if the

so

upon is or
State of New

the

punishment

of

for

shall

person

is

hearing

thereof
shall

the

be

in

shall

the

as set forth

accused

may have

person

be

shall also
the

be

shall

he

of

of

of the

powers

then

shall

of

the

with
the

the

whom

against

restored

his

of

upon the

such

charges have

been

B

Article.

with

to his position

written

in

any

other

pay

for

occupation

or

answer thereto a

department

Civil Service

found

so

person

of this

full

period.

the

Municipal

accused

be

p0.yG

may have earned

office

shall

preferred

in writing.

12.1 paragraph

charges

and

by counsel

representation

required.

ici

during such

filed in the

filed

request

the

30 days.

be

shall

received

a copy

guilty

all

and recommendations

charges

not be

person

thirty

itself

upon

right
the

5tc

a period not to exceed

he

found

the

shall

Penalties

amount of compensation which

determination

have

of evidence

Charges

imposed

benefits

findings

may be extended by mutual agreement

not sustained

are

less the

His

decision.

person

rules

be vested with

shall

designated

The burden of proving

behalf.

technical

without pay

employed and a copy

transcript

without

accused

and the

75 of

or

conference.

and

accused

the

procedure

employment or any unemployment

D

review

for

upon his
with

and

selected

hearing and determination of charges

the

The penalty

the hearing

so

formal hearing

limits in this

B

deemed

mutually apply to

record of such

a

Police

witnesses

may be suspended

preferred

before

charges

be

of Section

meaning

the parties shall

Pending Determination

Suspension

12.3

shall

Commissioner

time

the

the

shall

upon a hearing officer

agree

officer

hearing

and

same. Compliance

F The

upon

hearing officer

of a hearing officer.

summon

alleging

to

unwilling to act then

the

then be held

shall

impartial

purpose within

unable

parties are

Police

Upon

right to

person

for that

impartial

of

to the

E
also the

Police

or

Such

the parties.

appointment

Commissioner
be

by

If the

D

a formal conference

entered

selected

mutually

or

be

which

in

he

A copy

Commission.

guilty

of

transcript

agency

furnished

to

of
him

charge.

E
occurrence

No
of

removal

the

or

proceeding

disciplinary

be

shall

commenced

more than one

1

after

year

the

wrong-doing

AWARD
-

PROSPER AWARD

Add the

following

Association
authorized
decision
authority

seek

may

it

to

conduct

the

that

a

the

an

rehearing

appropriate

cost

the decision

change

calendar days

Commissioner

to award

understood

with

disagrees

7

Section

12.2Dm

12.2D

review of such

within seven

by

ARTICLE XII -

Section

to

If the Union
Officer

-

of such

after

service

of the matter

was

supported

remedy
arbitration

of

in decision

which
shall

Commissioner

the

by an

to

substantial

shall

of Police
mutually

of the Commissioners

but only

by

arbitrator

be

final

review
evidence

the

change

decision.

by
It

the
is

decision
parties

in the

and binding

record.

upon
the

the

parties.

If the
parties

recommended

to

arbitrator

and

the

by the Hearing

through the American

understood

the record of the proceeding

be shared equally between

27

to

selected

that

such

arbitrator

determine whether
so determines

police

officer

he

involved

Arbitration
shall

not be

the change
shall

It

have

in
the

is thither

 MEMORANDUM

OF AGREEMENT

BETWEEN
THE CITY OF BUFFALO

AND
THE POLICE BENEVOLENT ASSOCIATION

The

parties

Pending

agree

the following

to

Determination

of

Charges

interpretation of
Penalties

of

12.3

Suspension

Collective

Bargaining

Article

the

Agreement

1

charges are to be served upon an employee within one
day of
suspension from duty except where extenuating circumstances exist for
example a holiday weekend. In such cases charges are to be served upon an
Disciplinary

any

employee within three

In

execution

of the

day of November

3 days

above

of suspension.0

the parties hereto

have set

P.

hands

d

J

OBERT

their

1994.

MEEGAN

PRESIDENT
POLICE BENEVOLENT

DANIEL

J.

FARBERMAN

DIRECTOR
AS

LABOR RELATIONS

this

ark

 of

complained

of

complained

or

F Any
service

such

determination

such

to the

person

twenty

20

ifproved

person

or suspension

application

discovery

its

would

elects

days

either

to

pay or a
an

to the

receiving

final

later.

of

court

fine

and

However

such

appropriate

jurisdiction

the

the

conclusive

notice

Buffalo
of

and not

file

the

subject

the

appeal with

determination

28

of demotion
of

Civil

78 of

review

to
in

the

wrong-doing

crime.

provisions

Municipal
Article

to further

a

punishment

to the

such

not apply where

shall

constitute

or

penalty

shall

of

limitation

pursuant

provisions

Commission he
written

by a

imposed
to

application

accordance with

appeal

after

Commission shall be

by

in

if

a

himself aggrieved

believing

without

Court

in

this

Service
Civil

the

be
any

in or dismissal

Article

from

may appeal from

Commission or by an
Law and Rules. If

Practice

Commission

reviewed.
Court.

The

in

writing within

decision

of

the

 ARTICLE
UNION ACTIVITIES

13.1

IOII

ON CITYS

TIME AND PREMISES

Representatives

A
Union

The

City

that

agrees
shall

representatives

during working

Investigate

and process

Post Union

notices

Distribute

Union

Attend

negotiating

during

concerning

City or

B
business

shall

The
be

present

the

the

premises

its

and without

loss

of

pay

accredited

other

employees

non-working

time

meetings

Transmit communications

Consult with

off

literature

Union membership

to the

or

grievances

Solicit

officer

on

hours

to

be allowed

its

authorized

City

its

enforcement

practice

by

the

local

Union

local

Union

or

its

representative

of

representatives

of any provisions

granting

released

continued.

29

of

this

time

to

officers

or

other

Union

representatives

Agreement.

accredited

Union

representatives

for

Union

 ARTICLE

XBi

PBA RELEASE TIME

c

In

parties mutually

grievances

G90-57
other

to

pending

Time

Full

PBA

union

090-124

outstanding

President

to

release

the

Collective

the

Agreement

Bargaining

involving

full

PBA

for the

detach

PEA

G90-156

following

and G91-535 and

G91-56

The Department

any

for the

to place

agrees
term

his

during

office

of

PBA

meetings attend

labor-management

business

outstanding

G89-228 G90-35

same issues.

the

pay and benefits

attend

grievances

perform other

settled the

President.

with

duty

deem

G132 G201 G249 G270

G90-152

grievances

Release

on

time

G90-144

and process

investigate

meetings and

of

XIII

withdraw and

to

agrees

concerning

090-69

2.

the

PBA

Article

as follows

agree

The

1.

of

clarification

members of the police bargaining

unit.

3.

PBA

of the

hearings

Grievance

and/or

background

or

event

by the
the

PBA may

a

the

issue

subpoenaed

court

PBA

with

at

all

3

Step

grievance

Court Proceedings.
where

is

presence

Vice

for

required

any

City representatives

Second

President

any administrative

In

President

of the

Secretary

time.

Administrative

as referred to
arbitration

on behalf
Sands

of

Panel

payment

by the PBA

The chairman

Chairperson.

present

parties.

proceeding

Vice

whether

the

be

discussions with

First

officers

for the

bargaining

or

for Arbitration

subpoena

Consistent

collective

given

proceeding

solely responsible

the officer
of

in

a

release

Release

any elected

PBA

approval.
be

be

shall

or

Committee

entitled to

between the

or settlement

President

Subpoena

5.

the

officers

Treasurer

hearings

PERK

as

testimony

PBA

be

shall

Time for Administrative

such

proceedings

Committee

arbitration

Release

4.

elected

Time for the PBA Grievance

Release

shall

of

the

in

above

administrative

PEA

without

witness

is

testimony
or

In

Proceeding.

court

necessity

Interest Arbitration

any incurred
not

4

or Court

Award

of

prior

the

fee and/or

required

PBA

court
shall

expense

be entitled to court time under

Article

agreement.

DEC

for

counsel

1

1491

and
2.8

 Time

Release

6.

the

that

monthly

13.1A

Section

for

personnel

of

the

of

the

allotted

Line

PBA

maximum

make

where

is

this

is

expressly recognized

ambit
effort

every

2

two

of

It

the

of

Article

to

use

not possible

tours

each

2

two

each

for

XIII

off-duty

PBA

distributed

II

a

Line.

within

is

will

However

purposes.

be

Blue

The

contract.

distribution

representatives-will

PBA Blue

Distribution of the

for

distribution

edition

Such

purposes.

such

notice

Such

release

whenever

at

one

and

to.

In

week

in

an

prior

to

that

the

activities

8.

not

is

the

the

his

or

PBA shall

payment of overtime

to

the

Release

to

to

shall

any

such

the

in

during

this

if

as

given

is

President

to

may

absence with pay

his

or his

not possible

is possible..

pursuant

practice

personal leave

PBA

notify the Commissioner

be

distribution.

PBA

i.e. vacations

business
fill

Department

disputes

agree

parties

work

PBA

upon

Administration

the current

with

absence but

designee
the

future

to

officers

the Presidents

the obligation

avoid

Consistent

on

tinie

contingent

of

with

release

for

is

overtime.

of

payment

York

elected

time

Commissioner

Deputy

scheduled

New

month

per

Release

and times associated

dates
in

distribution

the

to

of

to

effort

cumulative.

President.

possible

the Commissioner

agreed

result

PBA

Western

Whenever

one

least

result

the other four

of

one

not be

names

President
of

exceed

PBA

the

not

for the

out

is

or

benefits.

notice

shall

PBA

the

etc.

designate
and

time

to

shall

by

include the

to

Relief

7.

not

Line

release time

written notice

advance

day

Blue

the

of

this

It

is

designee

much

as

understood

provision

not

shall

officer.

union

concerning

release time

for

various union

the following

Time for the State P.CN.Y.

Annual

C4nventiomand Pre Convention

Actitivies.

a.

pay to

the

Pre-convention

five

5-PBA

maximum of three3

elected

Annual

Police

Conference

elected

PBA

officers

the House

5

and

Public

and

per

officers

b.
five

York

elected

days

The Department

Activities.

Relations

Convention

for

Officer
a

will

maximum

be
of

for

will

pre-convention

release time with

give

activities

not

to

exceed

a

officer.

New York

of

Chairman

excused
four

for

4

Convention.

Vice

Chairman

the annual

days

for

each

Police

In

addition

Sergeant
Conference

representative

to

the

Arms

at

of

with

New
pay

benefits.

Page

-

2

 his

designee

be

granted such

at

as

attending

week notice

notice

well

meetings

February

or

officers

designated

Release

time

for each

-of

pay

in

that

Where

advance

will

President

for

the

notice

as

is

attendance

be

two

2

possible.

the

at

to

will

release the President

PRA

elected

five

5

held

currently

meetings

legislative

5

remaining

granted

with

the

a
b

with

advance

monthly

Time

pay

officers

including

the

meetings

and

President

one

one

tour

as

and

monthly

President

and

December

in

the

President

and

2

two

other

benefits

to

up

a

maximum

of

2

two

days

for

advise

shall

much notice

as

the

possible

is

Commissioner of

Deputy
as

to

the officers

who

meeting.

Negotiations.

The

City
not

Committee

lego.tition

will

time with

grantrelease

.t exceed

five

5members

as follows

for each

tour

President

P.C.N.Y.

for -PRA

he PBA

to

PBA

PBA

The

each

and benefits

each

representative

for

representative

the

for

preparation

of

the preparation

PBA

of

proposals

interest

any

where requited

c
conducted

be

Release

arbitration

2

five

Notice.

attending

including

PBA

release time

representatives

much

as

which

by the President.

shall

Administration

10.

give

The Department

by the

for

released.

are

they

to

all

the stated meetings.

c.

be

which

Meetings.

two

all

the

for

for

of

Commissioner or

the

notify

any date

of

names

PBA agrees

designated

the

March

b.

the

the

shall

follows

as

for

a.

as

advance

include

function

Monthly

officers

P.C.N.Y.

will

the

as

in

PRA

the

possible

weeks

shall

not possible

is

other elected

2

two

least

P.C.N.Y.

9.

Whenever

Notice_

c.

with

full

the

release

time

for

all

representatives

for any

negotiation

session

City

Page

3

 d
of

approval

Notice
as

far

release

time

in

advance

as

benefits

PBA
to

Arms

be

shall

Vice

13.

the

will

City

14.

including

days
of

priorto

time

16.

officers
for

shall

as

usage

for

to
of

shall

time

those

for

a

prior

withheld.

dinner.

PBA

be limited

to

to

time

as

time

with

relief

negotiating

2

addition

in

be excused

will

of

tours

for

and

pay

the

to

attend

to

without

duty

who

day

long/short

a

benefits

5

elected

C onvention.
may

of

schedule
interest

all

be

the union

time

Release

shall

released

individuals

officers.

accredited

PBA

by

Convention.

shall

union

committee meetings.

Meeting.

designated

as

practice

accredited

advise

representatives

PBA

the

At

representatives

7

seven

least

the Deputy

President

Commissioner

designated

for

release

and the time required.

Release
changed

Two

NAPO

the annual

names

to

The number of

meetings.

PBA

current

and special PBA executive

the case
for

with

Consistent

and five

convention

Avoid

two

scheduled

officers

Meetings.

delegates

the
the

officers

Arms

at

and

pay

and Sergeant

House Chairman

night

elected

with

tours.

at regular

modified

be

working

3

President

Schedule

schedule

5

five

Time for-the NAPO

location

be

Adminstration

of

release time

grant

Vice

awards

convention the PBA President

each

Adminstratioq
the

10

release

be granted

shall

will

City

PBA

Board of Directors

PBA

the

Commissioner

Time for the PBA Board of Directors

ten

Release

15.

except

release

PBA

for

not exceed

shall

Release

attendance

Release

be granted

The

and Special PBA

for

with

necessary

not unreasonably

shall

Chairman and Sergeant

three

for

give

representatives

which

House Chairman

the

House

benefits

Regular

become

reasonably

the Deputy

The

Dinner.

for the annual

Open House.

released

to

provided

House.

Open

pay and

may

as

designee

his

possible.

tour

one

House Chairman

of

be

shall

officers

five

PBA

the Annual

time

Awards Night

the

for

12.

loss

additional

of

It.

at

such

Commissioneror

the

Time.
or

shall

No

altered
be

accredited
so

scheduled

arbitration

and

union

as

to

so

that

the

avoid

representatives

work

time.

PBA

release

release

monthly

time

executive

is

available

committee

meetings.

Page

-.4

 PBA

17.

duty

of

Notification to

PBA

the

President or

his

Department
to

designee

Regarding
keep

PBA

Officer.

the Department

It

current

be

shall

the

with respect

to

1

PBA

2
time

release

18.

as

a

Dated

as

No

result

provided

individual

of

such

Buffalo

December

FOR THE

officers

.officia

PBA

delegates

for

in

utilizing

this

or

representatives

who

are

to

be

provided

agreement

release

time shall

suffer

any

loss

of

pay and/or

benefits

utilization.

New York
3/
1991

FOR THE

CITY

BUFFALO PBA

rr

J

By
Michhae1
ael

Director

zo

LCi

McKeatingcing

Me
of

Labor

By
Robert

Relations

tleegan

President

page

j

with

 ARTICLE

XIV

PLEDGE AGAINST DISCRIMINATION

A
without
Union

The

shall share

B
C
is

used

it

shall

D
Service

provisions

discrimination

as to

equally

Work

All

the

rules shall

references

City

this

Agreement

age sex

with

be construed

The

of

to

City

be

employees

not

to

shall

status

be

and

in this

applied

shall

equally

color creed

race

the responsibility

reasonable

to include

agrees

marital

AND COERCION

for

be

applying this

applied

Agreement

or

to

all

national

of

in

a

in the

or political

origin

provision

enforced

designate

employees

the

fair

and

bargaining

unit

affiliation.

The

Agreement.

equitable

both sexes and wherever

manner.

the

male gender

male and female employees.

interfere

with

the

rights

Law.

30

of employees

as

stated

in Section

209a

of

the

Civil

 ARTICLE

XV

MAINTENANCE OF BENEFITS
All
in this
duration

conditions

Agreement
of

this

or

provisions

or which

Agreement

have
unless

beneficial

to

employees

in effect
this

mutually agreed otherwise between

the

replaced

by

provisions

31

li

now

of

not been

which

are

Agreement
City and

not

specifically

shall

the

remain

Union.

provided

in effect

for

for

the

 ARTICLE

XVI

JOINT HEALTH AND SAFETY COMMITTEE

A

committee

of

four

members designated by

the

4 members two 2 members

designated

Union

will

review

and

investigate

by

the

Commissioner

of

complaints regarding working

Police

two

and

conditions

or

2

work

requirements.

This committee

The City will

If

the

City

will

advise

rejects

make recommendations

the

the

committee

committees

of

its

to the

decision

City for

or

improvements.

recommendations

recommendations

it

will

concerning

advise

rejection.

The

joint

Health

and

Safety

Committee

will

meet

32

r-

every

three

3

months.

the

these

committee

matters.

the

reason

for

its

 ARTICLE

XVII

TEMPORARY ASSIGNMENT
Whenever
or detail

not

an employee

assignment

replacing

temporary

he

anyone

assignments

shall
at

temporarily

wage

of

the

be based

on

the

shall

is

be paid a
top

assigned
rate at the

rank

grade

seniority

as

to

perform the

increment

classification

defined in

33

duties

level

Article

or

of

of a higher rank
the

detail

X.

person

grade

whom he

assignment.

is

classification

replacing

Preference

for

or

if

such

 ARTICLE

XVIII

TRANSFERS
When
reason

therefore

any

member

stated

of

the

in writing

The phrase forthe good of

the

Department

and with
service

is

transferred

particularity

shall not

which

constitute

34

he

shall

statement

an adequate

be

upon

his

become a

part

entitled

shall

or sufficient

reason

request
of

his

to

have

personnel

for transfer.

the
file.

 PRESIDENT MEEGAN
NEW BUSINESS
CONTINUED

ARTICLE IN NEWS ON SICK LEAVE USE - PBA STRONGLY OBJECTED TO THE
BUFFALO NEWS FOR THE
BIASED INACCURATE ARTICLE PRINTED IN THE
THAT THIS WAS AN ATTEMPT
SUNDAY NEWS
ON MAY 6 1995.
PEA BELIEVES
OF 92
BY THE CITY TO TARE THE ATTENTION AWAY FROM THE ELIMINATION
SWORN OFFICER POSITIONS.
PBA ALSO FEELS THE NEWS AND THE DEPARTMENT
BE
THEIR COMMENTS
REGARDING
FORMER POLICE
SHOULD
ASHAMED OF
AT THE
THEY WERE UNTRUE AND RIDICULOUS.
SURGEON DR. THOMAS MURPHY.
LEAST THEY OWE DR. MURPHY AN APOLOGY.

TRANSFER REQUEST LIST - TRANSFER REQUESTS
MUST BE IN PRIOR TO 1200
HOURS ON THE FIRST PAYDAY THURSDAY OF THE MONTH AND THEY MUST BE
TIME STAMPED AT THE COMMISSIONERS OFFICE.

PEA DAYS
AT DARIEN LAKE - PBA DAYS
AT DARIEN LAKE WILL BE
TUESDAY JULY 11 AND WEDNESDAY JULY 121995. TICKETS ARE $10.00
AND WILL BE AVAILABLE NEXT MONTH.

100

CLUB

AUGUST

6

POLICE-FIRE APPRECIATION DAY - WILL BE HELD
1995 AT PILOT FIELD.
TICKETS ARE $5.00
EACH.

ON

HELD
EACH

SUNDAY

PARTY IN HONOR OF DR.
THOMAS
MURPHY - A PARTY HONORING POLICE
SURGEON DR. THOMAS MURPHY WILL BE HELD THURSDAY JUNE 81995 AT THE
FIRE
POLISH
FALCON HALL..
FOR TICKETS
CONTACT
RETIRED
DEPUTY
CONNISSIONER THOMAS
DIMARIA PHONE
836-7882.
THE

AND

LINE
BLUE
STAFF.

MOTION

TO

- ANOTHER

ADJOURN

BY

J.

GREAT

PAPER

NIGRELLI

PUT

AND 2ND

OUT

BY

EDITOR RAY FIELDS

BY J.HASSETT.

NCE

RELZ2
ROBERT
PEA

P.

MEEGAN JR

PRESIDENT

PBA

JAMES F. CUDNEY
RECORDING SECRETARY

 Tom.

SUBJECT

EL

ALL P3RS

New
1tOM

DATE

Transfer

02-13-90

Policy and Procedures

Ralph V. Degenhart
Commissioner of Police

This Administration and the PBA have agreed upon a new transfer policy
and they will take effect immediately. The policy will work

and its procedure
as follows

1

30

will be a thirty
day moratorium on departmental transfers
This will give officers sufficient time to update
their transfer requests.

There

from todays date.

2

null and void as of this date.
requests. If you wish to be
considered for more than one assignment submit one P-73 and indicate
If your request is to go to either
your choices in order of preference.
Precinct
then your first preference
Precinct
or Precinct
All prior transfer requests will became
Officers must resubmit updated transfer

3

3

10

5

your 2nd preference will be Precinct 10 and your
third preference will be Precinct 5.
All multi le transfer
ests
must have-an order of-preference. All transfer requests shoul9d be
sent through the
pain of Command and addressed to Commissioner Ralph
will be Precinct

Transfer requests must be
12 1990.
s OtEice by this Birch 12th date. All
transfer requests are time and date stamped when received by the
Caamissionera Office.
Therefore
please make sure that you submit
your P-73 early enough to ensure that it is received in the Commissioner
V.

Degenhart by Monday
received in- the

12 1990. A receipted copy of your request
to you indicating that your request has been received
into the transfer request system.

office by Monday
will be sent back
and entered

3

March

After

this information is received
it will be entered into a computer
and a transfer report will be posted. in the Police- Academy...Cnce
this
it will be updated each month and will then be
program is in place
posted on the bulletin board in the Police Academy.
A copy will also
be provided to the PBA Office.
This report will list all transfer
requests

4

March

was one

to a particular unit

in order of rank date.

We

will also be providing an updated
department-wide
seniority list
to the PHA as soon as possible.
This list will enumerate all members
by rank the member with the most seniority will be listed first and
the member with the least seniority will be listed last.
Members that
were appointed or promoted on the same date will all be listed together
and not in any particular order.
We are working on updating this list
to include a field called signing order which will list members
appointed on the same date in the order that they signed the book in
the Bureau of Administrative Services.
This should be the correct
the member
seniority order in most cases
then
and if it is incorrect
contesting must resolve his place on the list through Civil Service.
A written statement from Civil Service to the Commissionermust be
..
submitted before his/her seniority date-

isyeti.

 ALL

pE

SUBJECT

New

DM

o2-13-90

Policy and Procedures

Page 2

Ralph V. Degenhart
Cameisaioner of Police

5

Transfer

DATE

Once a member is transferred under
requests will become null and void.
is

this new procedure all other transfer
This will occur even if a member
Members mist then
or third preference.

transferred to their second
their transfer file by submitting a new request.

update

6

Members should also be advised that requests for a particular shift
and/or platoon cannot be honored.
Requests must also specify what
a transfer request
units you wish to be considered for.
For example
for the day platoon

7

anywhere

cannot

be honored.

when a member submits a transfer request
all prior transfer requests
will be deleted.
This will ensure that a member is not transferred
Therefore
when
he/she no longer wishes to go to.
to a unit/precinct
make sure-it includes
submitting a P-73 for a new transfer request
all units/precincts you wish to be transferred to.

8

Transfer

requests will be kept on file until a member is either
transferred at that point
all other requests are automatically deleted
or when the individual member rescinds a request. To rescind a request
you must submit a written P-73 to-the Commissioner through the Chain
of Command.

You will also receive a receipted copy once this request
has been received and entered into the transfer request system.
if you have any questions or need further clarification
please contact the PEA Office at 842-1258.

V. Degenh
Ral
Commissioner of

RVDECBmao

t

lice

regarding the above

 BUFFALO POLICE DEPARTMENT

a43

TO

FROM
Y.

In
Transfer

establish

Requests

I would

cannot

correct

and

speedy

computer

system for

ask that you instruct members of your command
numbers on all

requests.

should

also

be

reminded

that

a particular platoon

or shift

be requested.

In
requests
request

a

their dates of appointment and social security

transfer

They

Requests

addition
for

many

promotions.

and should not

Officers
A

are

request

be included

requesting
for

a

transfers

promotion

in the transfer

is

along
a

request.

YA

b

with

separate

Ralph
Degenhdft
Commissioner of Police

AVD/wp

3/13/90

OF POLICE

order to

to include
future

Transfer

DEGENRART

CONlMONER

DATE

SUBJECT

ALL IRSPECTORS/CAPTAINS

RALPH

CORRESPONDENC

INTRMDEPARTMENTAL

 ARTICLE

XIx

UNIFORM ALLOWANCE
19.1

Allowance

Effective

be

two

in

the

15 1986

September

$380

Dollars

Eighty

2

shall

City

equal payments of

made on or before September 15 and May 15

collect

allowance

clothing

responsible

if they

are

on

the

of each

respectively

active

maintenance and replacement

for the

pay an annual uniform allowance

One Hundred Ninety

of

$190

fiscal year.

items

of

Hundred and

of Three
each.

Employees

on September 15 and May

payroll
all

Dollars

Such payment
will

be

The employee

15.

will

eligible
shall

to

be

clothing.

Euuinment

19.2

The

1

2
3

shall

City

be

for furnishing

responsible

the

following

items

of equipment

Helmets
Badges
Night

and any other

Sticks

new equipment deemed by

Commissioner

the

to

be job

related.

AWARD
-

SANDS

AWARD

Effective

19.1

on

-

the

UNIFORM AND EOUIPMENT - ARTICLE
date

all

mandated

of

Article

5

1989

at

its

and replacement

original
shall

Award.

XIX

of

the

contract

parties

shall

19.1

be

19.2

amended

to

read

Items

September

items

this provision

Department

this

and Replacement

- Original

Effective

with

of

XIX- Section

apply

own expense
items
for

prospectively

the

of uniform

City

shall

provide

and equipment

replacement

items

bargaining

For

present

unit

personnel

members of

the

of currently-owned uniforms and

equipment.

192

-

Maintenance

and Cleaning

Effective

employees
required

by

to

be used

the

September
exclusively

5

for

1989

the

City

maintenance

and

shall

make annual payments of $100

cleaning

City.

35

to required

standards

to

all

bargaining

unit

of uniforms and equipment

 ARTICLE

GROUP
The City
which

contains

will

the

AA

five

B An
C A

B
days

to

thousand

additional

FA

one thousand

All the above

dollar

of

five

current

policy

dollar

$2000

dollar

$5000

thousand

providing

$1000

upon

plan

payment

payment

premium and conversion

AWARD

increased

a

$25000

b
c
d
e

additional

f

Waiver

dated

for

of

all

members covered by

the

this

Agreement

insured

cause of death

ifthe

$5000

dollars

this

for

is

accidental

limb dismemberment

according

to

a

coverage

upon

upon

privilege.

04/25/96

to

$25000

$10000
$5000
$2500
conversion

the death

payment

19 years

waiver of

SEE CUGAJL

insurance

life

$5000 payment

thousand

payment

in the

two thousand

A

provide a group

dollar

five

maximum

nineteen

to

LIFE INSURANCE

following provisions

schedule of payments

DA

continue

XX

continued.

36

the

death

the

death

of the

current

spouse

of each dependent

child

from age seven

7

 ARTICLE XXI

HEALTH AND DENTAL
21.1

The
as

and

Blue Cross

12-83

at

will

City

no

The

cost

to

provide
the

will

City

CARE COVERAGE

Blue Shield

and medical

hospital

for

coverage

employees

all

under

the

Blue CrossBlue

Shield plan

generally

known

employee.

for all

provide

following Blue

the

employees

CmssBlue

Shield

benefit

riders

at

no

to the

cost

employees

MMER-$1000.00

MMER

-

82-83

$50.00

deductible

Rider 8
Rider

thug

Prescription

provided below

as

Rider 8
Blue Cross Rider 8
age 23

to

Dependents

Blue Shield Rider 4
O.P.

Emergency

EKG

82-83

Blue Shield Rider 8

The

City

age 23

to

Dependents

will

82-83

provide

Blue Cross

the

drug $3.00

prescription

co-pay

for

plan

prescription

all

at

employees

no

cost to the

employees.

21.2

Medical

who

Employees
interest

BOBS
$3.00

These

The

Dental

together

are

known

guaranteed

only

mutually

agree

Agreement or

until their

as

death

to

a successor Agreement

in

benefits

urance

of current

provider

who

those employees

retires in

to

until

medical

is

without

executed
as

cost

by

listed

Mayor

the

or imposed

by

below

82-83

identical

to

who

employee

Union

of this

life

receive

card carrier

with each

and

to

plan generally

City and

benefits

entitled

prescription

benefits

Agreement

current

21.3

basic

drug

Retirement

during the

retire

be

shall

arbitration

separate

Upon

lnsuranee

retire

employees

during

plan

this period.

This language

shall

be

incorporated

a

into

the period described above.

handbook

a comprehensive

publish

for

employees

by

represented

the

Union

covering

all

upon retirement

benefits

Program

All

employees

with

the

represented
rider

appropriate

by the
providing

Union
100%

be provided

shall

of schedule

for

the

basic

Group

Health Incorporated

prosthetics

and orthodontia

Dental
fluoride

Plan

known

treatments

as

8

Type M-1

dependent

AWARD
-

SANDS AWARD

-

ARTICLE XXI
on

Effective

adding
July

-

1

a

rider

covering

the

psychiatric

date

-

of

illness

Section

this

21.1

Award

and coverage

the City

shall

improve

for catastrophic

it

its

tress

medical

at the

benefit

base

level

program
of

benefits

for

bargaining

for

employees

1984.

PROSPER

AWARD
The

-

current

ARTICLE XXI- Seetloa
Rider 14

is to

remain as

21.1

part

of the

health

37

insurance coverage

and Rider 21

is rescinded.

unit

personnel

hired

by

on or after

 covered

student

to

The Union
submitted to
City

may

21.4

A
provided
waiving

who

in

such waiver

of such

request

placed
to

An
such

writing.
receipt

in their

separate

the

Effective

file.

City

All

shall

with

will

specifications

and

full

1 1988

entitled

day of

first

employees

terminated

Blue

to

shall

Cross/Blue

the

waiving

to the

notify

to

Union

the

no

be
the

coverage.

and/or dependent

waive

the

any reason
to the

family coverage without any

his

the

dollars

30 of each year as payment

for

or

her Blue

asprovided

on

first

the

will

City

retiree

Cross./Blue
in

day of

the

notify

month following

not provide medical or

$480

defined

in Article

per year forty

in lieu thereof.

38

1.5.

dollars

hospital

their

of

date

written

$40

forty dollars

thirty

per

in

insurance

credited

City.

herein

coverage.

desire

City

30

superior

the

notify

plan provided

who
the

Said employee

$40

have

immediately

coverage and
shall

employee

writing and

after the

days

shall

Shield

or lapse

preconditions

whose spouse has comparable or
as

will

employee

21.5

30

sum of

the

An
in

year.

Blue Cross/Blue

Shield

Section

thirty

coverage

Employees

Union.

Union

the

as

family coverage
coverage.

to the

and

City

will receive

coverage

Shield
Shield

City and

the

month following

choosing

the employee

from City service

eighty

in marital

spouse has Blue Cross/Blue

coverage

employees

transfer

any employee or

or retirement

four hundred

before June

on the

Shield coverage

January

Shield

Those

City.

who has waived

for

if his

check on September 30 and March 30 of each

be provided

Cross/Blue

of any changes

Relations

show proof of spouses coverage

effective

the

personnel

will

employee

employment in

All bid

coverage.

19

nineteen

change.

Union

coverage

spouses coverage be

the

of the type of plan

receive

to

be

the

the

by

such

Such coverage shall be reinstated
of such notification by the City.

B

age

Coveranre

Blue Cross/Blue

to

of

date

represented

waive

shall

notification

Blue

dental

to

is

Upon receipt of the bids and notice to
Unions further prior approval of such dental

Division of Labor

effective

required

such

notification

and the employee

to

the

to

may be

be paid by

Should
such

elect

of coverage

receipt

for alternate

to the

subject

the

notify

days of

waive

to

bids

which

orthodontia

prior to publication.

coverage

Lieu of Insurance

may

coverage

per month

must

Any employee

above

desire

Upon

10

ten

Payment

21.5

may seek

except

of Status

employee

within

City

approval

its

benefits

all

employee.

alternate dental

select

Each

for

for

to the

the

agrees

Union

the

Notification

status

no cost

at

25

twenty-five

age

amount

deductible

to

and

days

be

the

reinstated

Union

after the

coverage

date

in

of

regardless

coverage

as the

or retiree

however

result

of

shall

month payable on

or

 C
waive

Any employee represented by

such

coverage.

writing and such
after the

twelve

shall

be

receive

21.6

as

the

on

any

in or

1 1988

January

twenty

self-insurance

under

It

Therefore
Pending

is

receipt

intent

of

waiving

$150

thirty

30

in

days

sum of

will receive

the

per year

be paid

coverage

dollars

fifty

notify

to

City and

month following

the

may elect
Union

coverage
the

to

by

who

coverage and

City and

the

30

thirty

days

desires

Union
after

to

be

reinstated

to

in writing.

Such

date

receipt

the

of

such

coverage
of such

the

of

$120

City

by

not provide

defined

as

ten

per year

bids

the

After approval

coverage
plan and

the

may seek

dental

in Article

insurance

or

coverage

superior

per

of

regardless

coverage

Said employee or

1.5.

$10

dollars

will
it

pay

will

the

arbitration

level

award

of

employees

its

Union

for

and upon
the

to the

benefits
benefits

benefits

its

the

as

retiree

the

type

result

however

of

shall

month payable on or before

credited

of

of

that are

be

and/or

the

bids

costs

the

City

and
bid

better
the

may

insurance

hospital

specifications

and such

or

for insurance

through

remain unchanged.

39

All

services

to or

equivalent
resolved

medical

retirees.

prior to publication

treatment

employees

shall

will

all

and/or

dental

approval

receipt

cost

full

not add

City to provide

for alternative

for

self-insurance

be submitted to

concerning
the

will

City

whose spouse has comparable

in lieu thereof.

withheld.

the present

the

21.5

month following

the

retiree

dollars

the

will

alternate

disputes

insurance

shall

Covere

agrees

not be unreasonably

enjoyed

shall notify

from City service

provide coverage

Such

insurance

retirement

The Union

coverage.

one hundred

to

Section

or

Alternate Insurance

terms of

day of

All employees

City.

dental

coverage

first

or her dental

employee

one hundred

or

in

day of

30 of each year as payment

coverage

the

to

year.

his

provided

first

to the

entitled

such

on

effective

month up

is

waive

to

City.

Effective

employment

be

per

who has waived

coverage

by the

for

shall

December 15 of each

on

employee

D

desires

notification

who

Union

the

who

$12.50

cents

fifty

reinstated

of plan

employee

of coverage

of such

receipt

insurance

notification

June

waiver

and

check

An
dental

of

date

dollars

separate

An

elect

other

or

approval

insurance

alternate
benefits

the
will

as

are

now

benefits.

than

those

grievance

currently

arbitration

in effect.

procedure.

 a
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LCBOR RELATIO\S
Room 225
New

Buffalo.

716

ec

City

Hall

York 14202

651-5904

at

1CminiSU-inC
fm2ncc
-

Michael

Rcnard

Planavsky

Aconc

Commissioner

May

Mr.

John

14203

Re

the

Chance

in PB.

Dental

1993

is

furtherto

the

Spectrum

PBA
Plus

Please
Agreement.
members their new

our telephone
Dental Insurance

Plan
take

cards-t.

conversation.
Effective
June
will be switched
to
coverage
pursuant
to the new Collective
Bargaining
the
to
send
the PBA
steps
necessary

Very

truly

yours

MICHAEL P- McEATING
Director
of Labor
Relations

cc

Coverage

John
This

1

1993

Ordon

GHI Incorporated
77 Broadway
New York
Buffalo

Dear

13

Robert Meegan
Thomas

Heenan

James Pejak

JAnaS

D.

GRIFFIN.

MAYOR

-

AacKeatino_
Director

 ARTICLE

POLICEMENS
22.1

The purpose of

A

followed

well

as

If

interrogation.

own command

B

to

adopt a Bill of Rights

superior

be

informed of

shall

shall

member

a

is

be promptly

The member

directed

notified

be

shall

to

of

name of complainant. The

However

the

member

If

D
the

shall

known

be given

of

Buffalo

the

investigations

force

police

from

arising

the

setting

members

that the

his

member

is

the

and

post

command

interrogating

of

officer

the

and

officer
all

for interrogation

report

in

persons
another

to

of

charge

the

during

present

command

his

whereabouts.

the

of

the

information

to

be

of

nature

addresses

sufficient

of

the

investigation

and/or

complainant
to

reasonably

only

interrogated

as

apprise

before

him of

a witness he

interrogation

any

need

witnesses
the

not be

begins

disclosed.

allegations.

shall

be so informed

at the

to appear.

member

If the

he

shall

is

under

be informed

Supreme Court of the United

223

arrest

or

is

to

likely

of and given

all

be that is

his rights

if he

pursuant

is

to

a

the

suspect

or the

Miranda

target

of a

criminal

as

set forth

by

superior

officers

in

decision

States.

Conduct of Investieation

A
conducting

for the

The

guidelines

investigation

B
unless the

the

it is

notification

investigation

members of

and

rank name

the

leave

his

informed of

the

C

for

conduct

in the

rank name and command

as the

including

initial

officers

Member

the

The member

investigation

is

by

officer.

as a police

Informine

this Article

be

to

guidelines

conduct

the

OF RIGHTS

BILL

Purpose

down

22.2

XXII

The

daytime
shall

set

and

of
the

the

down

actions

interrogation

exigencies

member

of

of a

of

in this

member

investigation

reassignment

Section of

membersof

of

shall

dictate
the

the

be

the

Agreement

police

at

a reasonable

otherwise.

member

to the

be compensated.

40

shall

be observed by

all

force.

Where
first

hour

preferably

practicable

when

the

interrogations

platoon should be employed.

member

is

on duty

should be scheduled
If

any time

is

lost

 C
be

The

D

which

the

The questioning

for

provided

E
dismissal

at

place

a

location

officer

investigating

The member

or other

F The

G
questioned

If

a

a

the

be

during

notification

H No

No

is

by the

designated

assigned

officer.

investigating

at the

precinct

respites

shall

or

All

the

of

cases

of

during

be

the

the

language

made

be

either

as

the

will

incident

given

the

nor

allowed.

he be

shall

an inducement

Time

be

shall

or

to

opportunity

by a

threatened

with

transfer

answer

questions.

stenographer.

There

to

will

be

be recorded

shall

with counsel before being

consult

rules provided

the

may not be postponed
and a representative
available

interrogation
if

be

interrogation

would not be

1000 A.M. of

past

of a

the

line organization

day

may

interrogation.

employee covered

by this Agreement

shall

be ordered

by the

to

City

submit to a polygraph

test.

Minor Violations

In

cases

of

counsel or with a

of minor

investigations

line organization

violations

the

of minor

investigating

of the

violations

representative
officer

shall

will

Departmental

be denied

have

discretion

unless
as to

rules

sufficient

whether

to

requests

reasons
or

not

are

the

consult

with

advanced.

interrogation

recorded.

22.5

it

Usually

within which

rest periods.

mechanically

the questioning

Departmental

Counsel

interrogation.

shall

be recorded

shall

violation

such

reward

called

requests he

so

serious

and reasonable

calls

to offensive

or

shall

recesses

Reasonable

long.

subjected

promises

interrogation

In

thereby.

following
present

member

concerning

unduly

not be

shall

questions.

overly

meals telephone

punishment.

complete

not be

shall

personal necessities

no off the record

22.4

to

occurred.

allegedly

delayed

shall take

interrogation

command

at the

Disciplinary Action

In any case

the

refusal

of a

member

to

answer

pertinent

41

questions

may

result in disciplinary

action.

In

legal
cases

shall

be

 ARTICLE

IOIIII

LONGEViTY

A
receive

Each Permanent employee who has completed
in additional

annually

to his

The following schedule

salary

the

take

effect

shall

5- 9

$

-14

400

15

-19

600

24

COLUMN
YEAR

shall

take

COLUMN
AMOUNT

I

5- 9

1

450

15

-19

700

24

service.

Only

II

II

950

1200

service

for the

active

services

personal services of
leave

Unpaid

shall

200

$

-14

25

basis under

Column I below

1 1987

effect July

10

Eligible

in

1200

The following schedule

-

set forth

800

25

20

service

Column II

200

10

-

in

COLUMN
AMOUNT

YEAR

20

of

years

1 1986

July

COLUMN

B

the

set forth

payment

of

computation

rendered
the

in

this benefit

a permanent

may be

City

budget

time should not be

counted.

shall

be determined

the

position

as

follows

of which

salary

Seasonal and per diem

counted.

paid on an annual

is

service

is

not

eligible

non-competitive
2

Service

or

3

An

4

Service

longevity

rendered

authorized

payments

by

leave

with any

City

a temporary

or

provisional

basis

immediately precedes permanent service

of absence

service

including

on

employees

service which

unclassified

without pay does not

department
with

the

or agency

Board

is

constitute

counted

of Education

as

service

is

or

in

the

exempt

eligible service.

time.

eligible service

Municipal Housing

for

the computation

Authority

and

the

of

Sewer

Authority.

5
active

such

Employees

employees

under

who

the

are

granted

terms of

the

an approved

New York

leave

State

leave.

42

of absence

Retirement

for

System

Union
will

activities

accrue

and

longevity

who remain
credit

as

during

 C
anniversary
included

Longevity
date

in the

D
For

hire

payment
occurs
of

calculation

An

employees

example an employees

of absence
date

of

is

his longevity

April 1

date

shall

made

in

a

adjustments

time overtime and

court

date

longevity

date

be

including

of

would

hire

be

is

shall

October

adjusted

be

1

lump sum upon
for

any

affected

by

1982.

If that

according

43

close

of

the

within
pay period

Longevity

which

payments

the

shall

be

time.

reporting

1983.

the

of absences.

leave

to the

all

leave

of absence

same employee

length

of the

leave.

of

suspensions

received

a

Therefore

six

without

pay.

6 month leave

his

new

longevity

 ARTICLE

XXIV

TENURE
Detectives
of

eighteen

Detective

18 months

Sergeants

of service

shall

Assistant

not be

Detective

removed from

44

Chiefs

and the Chief of Homicide upon completion

their respective

positions

except

for cause.

 ARTICLE

XXV

PRINTING OF CONTRACT
The
copies

shall

cost

of

printing

be borne

equally

this

Agreement

by the

City

and

in
the

booklet form
Union.

in the

Printing

45

number of one thousand

shall

be performed

in-house.

five

hundred

1500

 ARTICLE

XXVI

TERMINATION
This

shall

Agreement

30th day

until the

notify

the

other

be

shall

of June
in

effective

1988.

It

writing

shall

sixty

of

as

be

the

1st

day of July 1986
renewed

automatically

60

days

prior

to

the

and

shall

remain

from year to year
termination

date

in

full

thereafter

that

it

desires

and

force

unless
to

effect

either

party

modify

this

Agreement.

Either

commence
from

the

party

may submit proposals no

negotiations

date

of such

and

its

receipt.

proposals

the

Thereafter

earlier than
other

the

party

parties

October

shall

days.

46

1

must submit
meet

and

1987.
its

Upon

receipt

proposals no

commence

of a part/s request to

later than

negotiations

thirty

within

30
thirty

days

30

 ARTICLE

XXVII

GENERAL PROVISIONS
This Agreement
appropriation

laws

said

force

and

and

of funds by
provision

effect

shall

the

all

provisions

Common

not bind

as if the invalid

herein

Council.

either

of

the

or illegal provision

are

In

the

parties

to

subject

event
but

the

that

applicable

a

part

of

of

this

this

controlling
herein

provisions

remainder

had never been

47

all

any

is

Agreement

Agreement.

laws

found
shall

and

to

the

to violate

such

remain

in full

 ARTICLE

XXVIII

MANAGEMENT RIGHTS
Except

purposes

as

and

objectives

employees pursuant
to

allocate

employees

or
in

to

limited

expressly

by

possessed

responsibilities

to

of

law

reallocate

the

the

by

to

City

to establish

new

or

other

include

accordance with law and

the

specifications

existing

of

provisions

including but

City

positions

the provisions

to

examination
for

each

in

class

the

right to

selection

of

Agreement

with
are

all

of

the

determine

recruitment

positions

accordance

of this

48

Agreement

this

limited

not

and to

the

by

to
it.

rights

mission

hiring

classify

law and
retained

authority

or

or

promotion

to reclassify

discipline

or

and

methods
of
and

discharge

 ARTICLE

XM

POLICE DEPARTMENT
Police

Inspectors

shall

be assigned

Police

Department

49

VEHICLES

vehicles

for official

business

only.

 ARTICLE
CIVIL

The
actions

provisions

against

contained

employees

of

the

in Section

City and

XXX

INDEMMFICATION

50-k of

membersof

New York

the
the

Union

50

are

State

General

made a

part

Municipal

Law regarding

of this Agreement.

civil

 AWARD
-

SANDS

AWARD

-

NEW

ARTICLE

I.@II

ARTICLE

XXII

DEFERRED COMPENSATION

The City shall provide the

Section

457 deferred

compensation

51

plan

for

bargaining

unit personnel.

 IT IS AGREED
BY AND BETWEEN THE PARTIES
THAT ANY PROVISION
OF THIS
AGREEMENT REQUIRING LEGISLATIVE
ACTION TO PERMIT ITS IMPLEMENTATION
BY
AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE SHALL NOT
BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE
BODY HAS GIVEN APPROVAL.

Witness

In

Whereof

the

parties

have

set their

hands

this

30th day of

LARRY BAEHRE PRESIDENT
POLICE BENEVOLENT

December

JAMES

D.

1987.

GRIFFIN

MAYOR

ASSOC.

RICHARD PLANAVSKY COMMISSIONER
ADMINISTRATION
FINANCE

JANICE

M.

HUPKOWICZ DIRECTOR
LABOR RELATIONS

DIVISION OF

-

Pursuant
Interest

AWARD

AWARD

SANDS

-

AFFIRMATION
75

to Article

Award

Arbitration

of

in the

the

Civil

above

Practice

matter

and

Law

and Rules

that at least

a

majority

of us

affirm

the

a majority of us has concurred

in

as

our

each item of

this

foregoing

Award.

Dated South Organge NJ
September

5

Dated Buffalo

1989

Buffalo

PROSPER

Dated

Jime

5

RICHARD PLANAVSKY

1989

ROBERT

51989

P.

MEEGAN

AWARD

291992

PETER
PUBLIC
I

concur

Dated

do

June

SANDS

NY

September

-

E.

NY

September

Dated

JOHN

not concur

with

the

PROSPER
PANEL MEMBER AND CHAIRMAN

A.

Above Award

291992

JOSEPH L. RANDAZZO
ESQ.
EMPLOYER PANEL MEMBER
I

concur

Dated

do

June

not concur

with

the

Above Award

291992

ROBERT P.MEEGANJR.
EMPLOYEE ORGANIZATION PANEL MEMBER

52

 Appendix

A

A

SALARY SCHEDULE
JULY 11986

-

DECEMBER

311986

JOB TITLE

Police

GROSS
SALARY
$34826

Inspector

Chief of

Police

$34826

Detectives

$31649

Captain

Chief of Homicide

Assistant

Chief of

$31649
Detectives

$29574

Chief Bureau of Administrative

$29574

Services

Police

Instructor

$29574

Police

Lieutenant

$27624

Polygraph
Detective

Police

Examiner

$27624

Sergeant

$25865

Photographer

Assistant

Police

$25579

Dispatcher

$255 79

Detective

$24730

Police

Officer

Step

1

$17552

Police

Officer

Step 2

$19103

Police

Officer

Step9

$20656

Police

Officer

Step

4

$22208

Police

Officer

Step 5

$23763

The above

Salary

paid holidays

Schedule
at the

rate

includes

the

value of twelve

of time and one-half

53

1

1/2.

12

 B

Appendix

SALARY SCHEDULE
JANUARY 1

1987

-

B

JUNE 301987

JOB TITLE

Police

$35174

Inspector

Chief of

Police

GROSS
SALARY

$35174

Detectives

$31965

Captain

Chief of Homicide

Assistant

Chief of

$31965
$29869

Detectives

Chief Bureau of Administrative

$29869

Services

Police

Instructor

$29869

Police

Lieutenant

$27900

Polygraph
Detective

Police

Examiner

$27900
$26123

Sergeant

$25834

Photographer

Assistant

Police

$25834

Dispatcher

$24977

Detective

Police

Officer

Step

1

$17727

Police

Officer

Step 2

$19294

Police

Officer

Step 3

$20862

Police

Officer

Step

4

$22430

Police

Officer

Step 5

$24000

The above
paid

Salary

holidays

Schedule
at the

rate

includes

the

value of twelve

of time and one-half

54

11/2.

12

 Appendix

C

C

SALARY SCHEDULE
JULY 1

1987

-

DECEMBER

311987

JOB TITLE

GROSS

SALARY
Police

Chief of

Police

$36932

Inspector

$36932

Detectives

$33563

Captain

Chief of Homicide

Assistant

Chief of

$33563
$31362

Detectives

Chief

Bureau of Administrative

Police

Instructor

$31362

Police

Lieutenant

$29295

Polygraph
Detective

Police

$31362

Services

Examiner

$29295
$27429

Sergeant

$27125

Photographer

Assistant

Police

Dispatcher

$27125
$26225

Detective

Police

Officer

Step

1

$18713

Police

Officer

Step

2

$20358

Police

Officer

Step

3

$22005

Police

Officer

Step

4

$23651

Police

Officer

Step 5

$25300

The above

Salary

paid holidays

Schedule
at the

rate

includes

the

value of twelve

of time and one-half

55

1

1/2.

12

 Appendix

D

SALARY SCHEDULE
JANUARY 1

1988

-

D

JUNE 301988

GROSS
SALARY

JOB TITLE

Police

Chief of

Police

$37301

Inspector

$37301

Detectives

$33898

Captain

Chief of Homicide

Assistant

Chief

$33898

of Detectives

$31675

Chief Bureau of Administrative

$31675

Services

Police

instructor

$31675

Police

Lieutenant

$29587

Polygraph
Detective

Police

Examiner

$29587
$27703

Sergeant

$27396

Photographer

Assistant

Police

$27396

Dispatcher

$26487

Detective

Police

Officer

Step

Police

Officer

Step 2

$20561

Police

Officer

Step

3

$22225

Police

Officer

Step 4

$23887

Police

Officer

Step

5

$25553

The above
paid

$18900

1

Salary Schedule

holidays

at the

rate

includes

the

of time and

56

value of twelve
one-half

1112.

12

 AWARD
-SANDS AWARD

-

Effective

July

1988

-

Appendix

E

1.

June 31

SALARY SCHEDULE
JULY 1

1988

-

LM

Ell

JUNE 311989

GROSS
SALARY

JOB TITLE

Police

Chief

$39166.05

Inspector

Chief of

Police

an increase of

Detectives

$39166.05

Captain

$35592.90

of Homicide

Assistant

Chief of

Chief Bureau of

$35592.90
Detectives

$33258.75

Administrative

Services

$33258.75

Police

instructor

$33258.75

Police

Lieutenant

$31066.35

Polygraph
Detective

Police

Examiner

$31066.35

Sergeant

$29088.15

Photographer

Assistant

Police

$28765.80

Dispatcher

$28765.80

Detective

$27811.35

Police

Officer

Step

1

$19845.00

Police

Officer

Step 2

$21589.05

Police

Officer

Step

3

$23336.25

Police

Officer

Step 4

$25081.35

Police

Officer

5

$26830.65

Step

The above

Salary

paid holidays

Schedule
at the rate

includes

the

value of twelve

of time and one-half

57

1

1/2.

12

5%

 AWARD
-SANDS AWARD

- Effective

July

1.

1989

-

Appendix

June 31.1990 an increase of

F

SALARY SCHEDULE
JULY 11989

-

5%

T

JUNE 311990

JOB TITLE

GROSS

SALARY
Police

Chief of

Police

$41124.35

Inspector

Detectives

$41124.25

Captain

$37372.55

Chief of Homicide

Assistant

Chief of

$3737255
Detectives

$34921.69

Chief Bureau ofAdminishative

Services

$34921.69

Police

Instructor

$34921.69

Police

Lieutenant

$32619.97

Polygraph
Detective

Police

Examiner

$32619.67

Sergeant

$30542.56

Photographer

Assistant

Police

$30204.09

Dispatcher

$30204.09

Detective

$29201.92

Police

Officer

Step

Police

Officer

Step

Police

1

$20837.25

2

$22668.50

Officer

Step 3

$24503.06

Police

Officer

Step

4

$26335.42

Police

Officer

Step

5

$28172.18

The above
paid

Salary Schedule

holidays

at the

rate

includes

the

of time and

58

value of twelve
one-half

1

1/2.

12

 AWARD
-SANDS AWARD

JuW

- Effective

13.1988

Appendix

in

increase of

10%

G

SALARY SCHEDULE

G

JULY 131988

GROSS
SALARY

JOB TITLE

Police

Chief

Police

Chief

$44854.45

Inspector

of Detectives

$44874.45
$40762.35

Captain

of Homicide

Assistant

Chief of

$40762.35
Detectives

$38089.19

Chief Bureau ofAdminishative

$38089.19

Services

Police

Instructor

$38089.19

Police

Lieutenant

$35578.37

Polygraph
Detective

Police

Examiner

$35578.37

Sergeant

$33312.86

Photographer

Assistant

Police

$32943.69

Dispatcher

$32943.69

Detective

$31850.62

Police

Officer

Step

1

$22727.25

Police

Officer

Step 2

$24724.60

Police

Officer

Step

3

$26725.56

Police

Officer

Step 4

$28724.12

Police

Officer

Step

5

$30727.48

The above
paid

Salary

holidays

Schedule
at the rate

includes

the

value of twelve

of time and one-half

59

1

1/2.

12

 AWARD
-PROSPER AWARD
4%

- Effective

July 1.1990

-

December

31.1990

an increase

of

Appendix

H

SALARY SCHEDULE
JULY 11990

-

DECEMBER

H
311990

GROSS
SALARY

JOB TITLE

Police

Chief of

Police

$46648.63

Inspector

Detectives

$46648.63

Captain

$42392.84

Chief of Homicide

Assistant

Chief of

$42392.84
Detectives

$39612.76

Chief Bureau ofAdminislrative

Services

$39612.76

Police

Instructor

$39612.76

Police

Lieutenant

$37001.50

Polygraph
Detective

Police

Examiner

$37001.50

Sergeant

$34645.37

Photographer

Assistant

Police

$34261.44

Dispatcher

$34261.44

Detective

$33124.64

Police

Officer

Step

Police

Officer

Step 2

$25713.58

Police

Officer

Step 3

$27794.58

Police

Officer

Step

4

$29873.08

Police

Officer

Step

5

$31956.58

The above
paid

$23636.34

I

Salary

holidays

includes

at the rate

of time and one-half

60

the

value

of twelve

Schedule

1

1/2.

12

 AWARD
-PROSPER AWARD
4%

- Effective

January 11991- June 311991

an increase

of

I

Appendix

SALARY SCHEDULE
JANUARY 1

1991

-

I

JUNE 31

1991

GROSS
SALARY

JOB TITLE

Police

Chief of

Police

$48514.58

Inspector

Detectives

$48514.58
$44088.55

Captain

Chief of Homicide

Assistant

Chief of

$44088.55
Detectives

$41197.27

Chief Bureau of Administrative

Services

$41197.27

Police

instructor

$41197.27

Police

Lieutenant

$38481.56

Polygraph
Detective

Police

Examiner

$38481.56

Sergeant

$36031.18

Photographer

Assistant

Police

$35631.90

Dispatcher

$35631.90

Detective

$34449.63

Police

Officer

Step

Police

Officer

Step

2

$26742.12

Police

Officer

Step

3

$28906.36

Police

Officer

Step

4

$31068.00

Police

Officer

Step

5

$33234.84

The above
paid

$24581.79

1

Salary

holidays

Schedule
at the rate

includes

the

value of twelve

of time and one-half 1

61

12.

12

 AWARD
-PROSPER AWARD
4%

-Effective

July

1

Appendix

-

1991

1992

an increase of

J

SALARY SCHEDULE
JULY 11991-

June 31

JUNE 31

ffiff

1992

JOB TITLE

GROSS

SALARY
Police

Inspector

Chief of

Police

$50455.16

Detectives

$50455.16

Captain

$45852.09

Chief of Homicide
Assistant

$45852.09

Chief of

Detectives

$42845.16

Chief Bureau of Administrative
Police

Instructor

Police

Lieutenant

Services

$42845.16
$42845.16
$40020.82

Polygraph
Detective

Police

Examiner
$40020.82
Sergeant

$37472.43

Photographer

Assistant

Police

$37057.18

Dispatcher

$37057.18

Detective

$35827.62
Police

Officer

Step

Police

Officer

Step 2

Police

Officer

Step

Police

Officer

Step 4

Police

Officer

Step 5

The above
paid

1

$25565.06
$27811.80

3

Salary

holidays

$30062.61
$32310.72
$34564.23

Schedule

includes

at the

of time and one-half

rate

62

1

the

value of twelve

1

1/2.

12

  

Sands Award

(dated September 19, 1989)

July 1, 1988

through

June 30, 1990

4

.

1

STATE

NEW YORK
EMPLOYMENT RELATIONS

OF

PUBLIC

BOARD

-----------------------------------------In
the Matter
of the Interest
Arbitration
Between

PERB

CITY OF BUFFALO

JS
Public

CASE

NOS.

IA88-29MB8-345
Case

No.

1423

Employer

And

BUFFALO POLICE

BENEVOLENT

ASSOCIATION
INC.
Organization
------------------------------------------Before the Public Arbitration Panel
Employee

OPINION
AND
ANARD

JOHN E. SANDS
Public
Member
and Chairman
Member
RICHARD PLANAVSKY Public
Employer
ROBERT P. MEEGAN Employee Organization Member

OPINION

This
209.4

of

New

1988

PERB

States

York

Chairman

Arbitration Panel
the

parties

sides

appeared

evidence

make

collective

to

by

R.

a

just

bargaining

to

in Buffalo

Civil

Harold

to

Pursuant

hearings

arbitration

interest

our

counsel

on

and
each

crossexamine

Service
Newman
and

Law.

Section

under

On

December

28

Public

this

appointed

determination of

reasonable

impasse.

authority

statutory

York

New

arises

case

May

had

10 11
full

12

and

opportunity

others witnesses

conducted

we

1989.
to
and

Both
adduce

to

make

submit-ted
argument

in

support

post-hearing

fairness

of

this

of

briefs

their
and

proceeding.

respective

neither

has

positions.
raised

Each

objection

to

the

 2

This

27

We

1989.

arguments

met

Panel

have

reviewed

into

taking

executive

in

all

session

of

the

in

Buffalo

on

evidence

parties

209.4cvs

consideration Section

July
and

express

criteria

of
a.
of the wages hours and conditions
comparison
of the employees
involved
in the arbitration
employment
of
with the wages hours
and conditions
proceeding
of other employees
employment
performing similar services
similar skills under
similar working conditions
requiring
and with other employees
in public and private
generally
in comparable
communities.
employment
b.

financial

the

interests

ability

of

and
the

welfare

public

of

the

employer

of peculiarities in regard
c.
comparison
trades
or professions
including
specifically
of employment
physical
qualifications

qualifications
and

2
4

mental

and

public
to pay

the

to

3
5

qualifications

or

other
hazards
educational

1

job

training

skills

d.
the terms of collective agreements
negotiated
the parties
between
in the past providing for compensation
and fringe
benefits
including but not limited to the
for salary
insurance
and retirement
provisions
benefits
medical
and hospitalization benefits
paid time off and job
security.

Upon
the

following

that

consideration

relevant

a majority

of

us have

reached

terms

Buffalo

conclusions.

SALARIES

First
police
in

compensation

comparable

Here

are

a few

both

in

lags

communities

examples

absolute
far
and

and

behind that
behind

relative
of

comparable employees

relevant

averages

as

well.

 3

Department

Suffolk

Effective
Date

Police
Minimum

1/1/88

Cty

Nassau Cty
1/1/88
New
York City 7/1/88
Syracuse
Rochester
Yonkers

1/1/88
7/1/88
3/1/88

AVERAGE
Amherst

1/1/88

1/1/88
Cheektowaga
Tonawanda
Twn 1/1/88

AVERAGE
Buffalo

1/1/88

In

I

officer

23914
28620
25977
23749
23105
26686

/
/
/
/
/
/

42592
43927
34633
28831
33007
35094

25342

/

20163
23338
22279

/

Buffalo Deficit
at Maximum

to

Yrs.

Maximum

/

In

5.0
5.0
5.0
4.0
2.7

$$$

/

In

17039
18374
9080

/

66.7%
71.9%

/
/

3278

%%%

35.5%
12.8%
29.2%
37.3%

4.0

7454
9541

/
/
/

36347

4.3

10794

/

42.2%

/
/

29001
30832
30388

3.0
3.0
4.0

3448 /
5279 /
4835 /

13.5%
20.7%
18.9%

21927

/

30074

3.3

4521

/

17.7%

18900

/

25553

4.0

xxx

/

xxx

a majority

of

connection

with

that

subject

us

find

appro-priately
a
the

unpersuasive

Citys

when

paid

that

argument

considered

Buffalo
a

against

are

police

list

nationwide

of

demo-graphic
b
cities

identified
crime

community

and

data

by

an

cluster

ingenious

characteristics

budget

statistically

adjusted

analysis

and

to

of

local

against

neutralize

local

income

differentials.

Citys

The
chosen

on

reflect
The

.

more

relevant

will

have

determining

cities

must

regional

context

in

more to

police

negotiate

list

wage

than

per

compensation.
under

the

comparables

of

impellers

which
do

of

statistical

applied

consistently

statutory

example
with

a

nationwide

serious

large
Law

New

with

to

levels.

compensation

capita

Taylor

fails

basis

determination

All

although

occurs

for

crime

data

York

State

politically

 4

compen-sation
active

data

That

organizations.

employee

relevant

more

intuitively

makes

fact

their

Buffalo

to

than

those

of

unila-terally.
cities

Alabama

in

or

cluster

Moreover

but

in

the

of

community
that

diversity

can

The

their

rank

in

receive.

For

into

five

an

police

area

thousand

less well

As

State
the

cities

parties

Chairman John

candor
prevented

must
when

he

dollars

per

though

even

live

or

year

and

ethnic

on

status

cultural

analysis

more

the

York

Amherst

wages

between

than

a

residents
police

of
they

officer

police

has

spend

to

hierarchy
real

still
to

is

Notwithstanding

the

New

she

compared

community

affect

public safety

differential

Amherst

an

important

inevitably

application.

still

supermarket

affluent-but-close-by
be

that

and

income

practical

reflect

relatively-depressed income

example

officer

police

the

Buffalo

Buffalo

its

to

wages

work.

police

community

in

values

service

complicate

police

fails

concerning

police

Citys

flawed

similarly

goes

attitudes

compensation

impose

analysis

cultural

difficult-to-quantify

police

and

Virginia that

four

Buffalo
of

officer

that

may

off.

noted
in

Buffalo

almost

last

although

that

significant

far

behind

measure of

every

interest

Drotning

lags

the

police

arbitration award

addressed
year
catch-up

that

Buffalos
steps

situation
serious

large

New

compensation.
Public
with

Member

York
In
and

compelling

inability-to-pay

 5

and
be clear
that
the relatively
low maximum
for Buffalo Police
officers cannot
be
salary
the amount
of the adjustment
since
by this award
should
not
the City.
would bankrupt
However the difference
be allowed to increase
and the
gap narrowed to some extent.
It

must

starting
corrected

Union

Exhibits

A-91

A-190

and

31.

p.

ability-to-pay
Buffalo

Although

by

of

reason

now

effective

enjoys

improved

vastly

responsible fiscal

and

and

political

compensa-tion
management
has

the

not

certified

need

that

fact.

blue

tri-partite

In

ribbon

met and

That

Committee

have

presented

Buffalos

even

Indeed

changed.

in police

a dramatic catch-up

for

1988

the

Common

Committee

reviewed

to

much

Council

Review
the

of

Common

Council

established

Police

same

has

a

Salaries.

data

the

parties

conclu-ded
pro-ceeding
without

this

determine

must

the

City

Arbitration Panel.

before

current

immediate

an
The

could

Committee

recoup

some

And

of

the

Buffalo

compensation

ten-percent
also

noted

it

arbitration

interest

any

appropriate

receive

across-the-board.
that

Public

that

dissent

to

police

to

cost

wage
without

of

that

increase

dissent

increase

by

improvements

productivity

.Suc

controversial

issues

raised

by

the

City

as

shift

use of one-officer
realignment
judicious
patrol cars
increased use of civilians
in support
and
positions
for certain
matters are examples
of some
telephone
reporting
of

the

policies

and

procedures

this

Committee

recommends

explored by officers police administration and city
officials alike.
These issues
if properly
examined
address concerns
raised by the PBA provide
additional
resources
more

to

fund

importantly

presence

in our

Union

salary
ensure

and

other

city.
Exhibit

136

p.

31

should

benefit
increases
and
and adequate
police

a consistent

be

 6

A
Committee

to

to

immediate

on

the

date

in

put

the

place

joint

extraordinary report

both

have

We

ignore.

therefore

across-the-board increase

of

date

on

of

the

Committees

the

own

Common

the

computed

of

Councils

the

Award

the

ten-percent

salaries

police

on

find

Salaries

impossible to

effective

grant

us

Police

Review

and

compelling

of

majority

this

basis

of

We

labor-management

Committees
base

have

also

committee

that

annual

in effect

levels

salary

report.

decided

decided
the

to

Common

opera-tional
Council

Committee

issues

note
in

improvements
fewer
More

in

that
the

the

safe

relatively

of

has

various
of

purpose

already

more

secure

variable

areas

and

enjoyed

work

police

limitations
can

City

use

judicious

of

and

the

important

City

form

officers

police

through

its

accomplish

the

improving

in Buffalo.

police service

We

to

necessary

help address

to

recommended

on

accomplished

off-duty

further

gains

one-officer

cars

civilianization

and

by

employment.

productivity

assignments

duties

productivity

of

prero-gative
Those

functions.

to

decisions
after

do

by

the

Common

We

feel

unique
to

Councils

factors

that

character
that

justify a similar

no

of

course

is
own

at

of
other

catch-up

the

Committee

those

Citys

the

more possible

compensation

confident

extraordinary

and

within

all

subject

impact

police

are

managerial

to

bargaining

to

accomplish

level
to

productivity

Review

appropriate

Police

Salaries.

improvements

Commissions

City

bargaining unit

such

successfully

certified

the

adjustment.

about

report
should

and the
are
be

such
able

 7

drama-tic
we further

between

disparity

compensation

.

otherwise

percent

two-year

for

of

all

Buffalo

communities

comparable

its

there
to

pattern
other

that

find

the

units.

depart
City

no

addressed the

compensation and

police

is

And

thus

having

reason

from
has

we will

the

for

so

Buffalo

five

established

that

in

police

percent/five
and

justified

 8

AWARD

1.
annual

salaries

the base
on the date of this Award
unit personnel
shall be increased
bargaining
to ten percent
10% of the rate in effect on

Effective
of

by an amount
equal
July 13 1988.

1

1

1989
2.
Effective
1988
and July
the base
July
annual
salaries
of bargaining
unit personnel
shall be increased
Those increases
shall not include
by five percent.
any portion
of the preceding paragraphs
ten percent
adjustment.

law enforcement
If the city retains
3.
a municipal
the
counsulting
organization to address modernization issues
shall establish
a joint labor-management committee
to
parties
consider
those issues
and to wor
w th the consultants
to
facilitate
nation
implementation of mod r
programs.

I

concur.
SANDS

I

dissent.

D
I

concur.
ROB

M

T

P.

AVS

MEE

 9

j

BMEFITS

DICAL

In
demands

are

existing
base

July

demands
perils

percent

and

of

benefits

1

1984

address
of

area

a

police
each

is

a

us

catastrophic

for

bargaining

have

situations

service

unit

involve

and

at

within the

a

the
cost

Citys

to

at

hired

the

on

stresses

one-tenth

ability-to-pay.

or

Both

benefits.

unique
of

rider

coverage

personnel

leave

unions

the

illness

illness

limited sick

that

that

agree

psychiatric

b

who

well

of

majority
for

appropriate

coverage

level

after

this

of
And

and
one

we

so

Effective
on the date of this Award the
benefit
for bargaining
progr
improve its medical
trio illness and
by adding a rider covering
psych
level
illness at the
of benefits
catastrophic
hired
on or after July

I

I

concur.

dissent

LT

E.

SANDS

CH
I

nDAVS

concur.
ROBERT

P.

MEEG

City
unit

shall

personnel
for
coverage
for employees

 10

DEFERRED

COMPENSATION

The
plan

Union

funded

members.

granted

by

at

therefore find

The

Section

a

is

a

least
it

City

no-cost
one

item

other

shall

of

that

major

and

appropriate

plan for bar

deferred

457

contributions

voluntary

This
to

seeks

we

the

I

SANDS

dissent.

I
I

rt-

AR

P

DBERT

P.

concur.

457

personnel

tbom
OfiN

City

has

M
MEEGAN

already

unit.

so

it

i

unit

bargaining

bargaining

Section

provi

compensation

deferred

We

 11

CDURT

TIS

On
that

Union

the

Citys

does

existing

not

principal
seek.

contract
its

subpoenaing
interest.
their

this subject

own

is

City

fears

The

to

members
the

executive

concern

language

Because

contracts

our

a

potential

abuse

that

the

that

Union

can

use

payments

by

parties

the

Court

generate
in

proceedings

agree

established

conference

on

Time
for

this

the

Unions

qualification

we so

language

AWARD

Article 2.8 of the parti
agreement shall be amended to add
shall

not

proceeding

I

be

paid to an
for the Unio

of

s

concur.
ANDS

dissent.
P

I

bargaining
Court Time
Union
in a

s

JOH
I

collective
s sentence
oenaed by the

concur.

_IHARD
ROBERT

YSRY

I

P.

MEEGAN

61

J

to

 12

VACATIONS

A

tier
In

of

1984

benefits
the

benefits

still

are

expressed

a

need

There

C
by

the

we

or

for

is

that

the

missed by

of

that

stress

the

in

to

provide

maintain

and

and

delete
after

to

second

the

1

July

support

a

may

1984.

additional

line-of-duty

injuries.

circumstances

should

adequate
We

feel

be

subject

and

that

issue

allow
of

and

the

this

of

Under

that

employee

to

the

or

the

to

the

time

j

has

not

presented
contract

present
of

service
no

City

time

would provide.

request

enable

to

is

vacation

fairness

carryovers

a

demand

Vacation

staffing

demand.

vacation

forego

weeks

three
rates.

real

instances

Unions

the

management

additional

however

Commissioner

to

up

straight-time

Commissioner

employees

on

to

concession

unions remaining Vacation

language

reason

hired

convinced

effective

for

no

employees

sell-back

premium

necessary

find

received.

being

for

appropriate
either

for

us

Union bargained

Nor

at

of

majority

vacation
order

by

Department

public

and

the
to

b

those

two

sacrifice

of

under

additional

time

carry-over
vacation

entitlement

should

be

mandatory.

And

as

to

we so

those

two

instances

 13

1.

collective

The

Commissioner
shall
instances
specific

2.

exchanged
instance

I

third

sentence

so
and

allow
which

Subparagraphs
that
present

present

B

vacation

in the first
carryover
and may allow
it in the

follow

B

and

C
becomes

C

concur.
SANDS

dissent.
AV SKY

concur.

ROBERT

P.

two

third

of Article 4.4
shall
the second
specific
ird

beco

D P
I

Article 4.4 of the parties
be amended to read
The

shall

OH
I

of

bargaining agreement

MEEGAN

be

 14

ALUXAM

UNIFORM

Current

more than

The

that.

$380

pays

maintenance of

and

replacement

practice

to

year

officers

for

costing

far

and equipment

uniforms

Commission

Councils

City

per

on

Police

Salaries

inade-quacy.
made

Citys

The

uniform
will

the

allowance

use

the

current

to

objection

is

payments
for

Both

parties

concerns

of

to

the

uniform

provide

all

and
of

cleaning to
by

the

payments

uniform

officers

of

those

nature

hereafter
of

mention

special

City.

to

be

used

And

we

be

met

original
shall

exclusively

required standards

of

of

additional

officers

purpose.

We

City

cost

nothing guarantees

can

mandated
The

the

intended

benefit.

equipment.

$100

the

incurring

that

allowances

uniform

uniforms

by

changing

shall

require

and
make

entirely
the

replacement
annual

for

City
items

payments

maintenance

and equipment

to
and

required

so

AWARD

Effective on the
parties

contract

shall

be

date

of

amended

this Award
to read

Article XIX

of

the

 15

UNIFORMS

19.1

Original

and

AND NO

Replacement

IPRENT

ms

r

5

Effective

1989
at its
September
unit personnel
provide
bargaining
items of original
and replacement
items
For present
equipment.
members of the
shall

own expense

the

City

with
all mandated
of uniform
and

Department this
provision shall apply prospectively
for replacement
items
and equipment.
currently-owned uniforms

19.2

Maintenance

and

Effective
of $100
payments
for
exclusively
standards
of

Cleaning

mato

tmployees
shall

unifored

make
to

I

concur.

dissent.

LT
I

I

annual
be used

required
by the City.

SepIT--

I

of

AR

P

DS

A1

V SKY

concur.
RO BER

P.

MEEGAN

 16

PROCEDURE

GRIEVANCE

The
that

procedure

the

it

to

extensive
and

Chairman
direct

unanimously

number

a

intends

After

grievances.
by

seeks

City

to

the

amendments

facilitate

by
the

by

the

that

purpose

the

be
and

grievance
of

processing

Panel

partisan

Grievance Procedure

accomplish

to

efficient

discussion

compromise

that

following respects

of

mediation

Members
amended

in

we
the

we so

AWARD

1.
Article XI of the parties
collective
bargaining
shall be amended
in the following
respects

agreement

a

Step

1

shall

read

shall submit the
and/or
the Union
employee
line superior
orally to the employees direct
holding the rank of not lower than Captain or to the
when
the Captain
is not on duty
within
Captains
designee
calendar
.Continu as in original.
twenty
days
The

grievance

20

b

2s

Step
If

a

first

sentence

shall

read

or
is not
settlement
disposition
the oral submission
of the
the Union
the employee
and/or
the
grievance
may submit
in writing within ten
thereafter
to
days
grievance
employees direct line supervisor holding a rank of not
or to the Division
lower
than Division Inspector
is not
Inspectors
when the Division
designee
Inspector
who shall
answer
same in writing within ten

within two

satisfactory

2

10

duty

days.

made

days after

10

the

on

 17

c

In

shall

d

Step
be

Step
If

3s

changed

4s
not

first sentence
the
to ten
days.

five

10

first

sentence

satisfied

shall

with

the

be

5

amended

Commissioner

day

to
of

time

limit

read

Polices

the Union may within
ten
10 days after receipt
answer
to arbitration by one of the
submit
the grievance
thereof
in
cases
following panel of Arbitrators who shall receive
order of rotation
the following alphabetical
Elizabeth

Croft

B.

Howard Foster
Paul Klein
Wade
J.
Newhouse
David
Randles
Eli I. Taub

In

all

Public
other respects
shall govern
the

procedures

e

may
I

to

E

Article 11.2
shall.
read

shall

concur.
JOHN

I

I

ended

8

DS

E

dissent.

concur.

6Z27
ROBERT

P.

A

SKY

MEEGAN

Board

Relations

Employment
arbitration

proceeding.

to

change

the

word

 18

.TFBl

We

imposed
maximum

by

unanimously
this

and we

agree

Award

that

should

be

term

the
the

of

the

Laws

Taylor

contract
two-year

so

AWARD

The
agreement

I

concur.

term

shall

be

of

the

two

from

J

y

1

2L
JGHN

I

lective bargaining

parties

years

DS

concur.
IAVSRY

I

concur.

eXID
R08

T

MEGAN-it

1988

to

June

30

1990.

 19

RESIDUAL KTTERS

majo-rity
As

of

us

to

as

all

to

matters raised

other

each

before us to justify

find

any

in the

the

parties

evidence

insufficient

change

by

status

quo.

in

And

the

we

AWARD

There

collective

shall

bargaining

ties

be
ag

e

concur.
GH N E.

SANDS

dissent.
H
concur.

ti//

FjVSR
PJ

ROHER

1

D

/yf

MEEGAN

a

record

so

 20

AFFIRMATION

of the
Civil
Pursuant
to Article 75
Rules a majority of
us
affirm
the
foregoing
above matter
an
Arbitration Award in the
in each
item of
majority of us has concurred

Dated
September

Dated
September

Dated
September

South

5

Orange
1989

Buffalo

5

5

1989

A
i

as
at

our

-

NY

RICHARD PLANAVSKY

NY

ROBERT

P.

Law
and
interest
least
a

adt
Awar.

SANDS

1989

Buffalo

NJ

Practice

NEEGAN

  

Prosper Award
(dated June 29, 1991)

July 1, 1990

through

June 30, 1992

STATE OF

In

The

Matter

of

NEW YORK

The

EMPLOYMENT RELATIONS BOARD

PUBLIC

Between

interest Arbitration

FINAL

BUFFALO POLICE

BENEVOLENT

ASSOCIATION

AND

BINDING

INC.

OPINION

AND AWARD

AND
OF TRIPARTITE
THE CITY OF BUFFALO

NEW YORK
ARBITRATION

PERB Case No.IA91-010

The

Public

PUBLIC

Arbitration

M91-041

Panel

PANEL MEMBER

AND CHAIRMAN

members are
Peter A.

Union

Prosper

College
of

Department

PUBLIC

EMPLOYEE
PANEL MEMBER

Robert
Buffalo

P.

Economics

New

Schenectady

Meegan

Police

York 12308

Jr. President

Benevolent

Association

74 Franklin Street
Buffalo

-PUBLIC-EMPLOYER

PANEL

MEMBER

Joseph

NY

L.

Randazzo

Esq.

Cohen Grande Randazzo and Doren

Flaherty

135 Delaware

NY

Buffalo

APPEARANCES

14202

Avenue
14202

For the Police Benevolent

Association

W. James Schwan Esq.
Wyssling Schwan and Montgomery
1230 Delaware Avenue

NY

Buffalo

14209

Richard
H. Wyssling Esq.
Wyssling Schwan and Montgomery
1230 Delaware Avenue

Buffalo

NY

14209

For the City of Buffalo

Dennis
Flaherty

J.

Campagna Esq.
Cohen Grande Randazzo and Doren

135 Delaware Avenue
Buffalo

NY

14202

PANEL

 2

Pursuant to the provisions

Chairperson of the

Kinsella

of

Civil

New

Law

Service

York

Section 209.4

Public

State

Pauline R.

Relations

Employment

Arbitra-tion
Board designated

in

Benevolent

The

It

of

between

dispute

Association

City of

21 1991

undersigned on August

forthe purpose

Panel

matters

the

making a just and reasonable determination

City and

the City of Buffalo

PBA

Inc.

Buffalo

located

is

or

Association.

in

Erie

County

the

New

York.

It

is

also

The

county.

the

Buffalo

in

largest city

county seat and the major metropolitan

Buffalo

Benevolent

Police

unit consisting

bargaining

the

of

all

sworn

Association

police

on the

Police

on the shore of Lake

has a population of approximately 324000 the second

of

as the Public

officers

Inc.

Erie.

the state

area within

represents

a

by the City

employed

commission-ers.
police

department except the Commissioner and the three deputy

approxi-mately
Total

number

dispatchers

training

officers

police

Of this number 754 are police

998.

lieutenants

sworn

of

3

photographers

police

23 police

in

the bargaining

officers

20

unit

67 detectives

detective

is

16 assistant

104

sergeants

police

captains 6 police inspectors 5 directors or chiefs police

administrative

services

homicide

detectives

and

one

polygraph

exa miner.

The prior Collective
the period

from July

successor agreement

1

Bargaining

1986

were

until

Agreement

June 30 1988.

unsuccessful

between the parties covered

Negotiations

and impasse

was

in

1988 for a

declared.

After

 3
mediative

efforts

An

arbitration.

chairman.

the

failed

The

arbitration

On

The

parties

with

a

total

PBA

the

of

filed

a

petition

1

for

on

1988 through June

30

its

anew

for a

compulsory interest

John

with

award

issued

panel

began negotiations

combined

10 1991

April

filed

was designated

arbitration panel

covering the period from July

1990

PBA

Sands Esq. as

5

September

1990.

successor agreement

in

Proposals submitted by both

fifty-nine

a declaration

of

A

1989

early

parties.

impasse with the State of

New

unsuc-cessful
York

Public

Relations

Employment

and the PBA

filed

Board.

a petition for

mediators

were

efforts

compulsory interest

The

arbitration.

above-named
Chairperson of the Public

arbitration panel

New

to resolve

York on Wednesday

Friday November
both

parties

testimony

Employment

Hearings were held

and Saturday November

provided

summon

the dispute.

Board designated the

November 201991 Thursday

22 1991

were

Relations

to

opportunity

in

Buffalo

November 21 1991

23 1991

at

which

evidence

introduce

time

present

witnesses cross-examine witnesses and otherwise support

post-hearing
their respective

briefs

positions

and reply

At the hearing
each for evaluation

Discipline

agreed

and decision

and

The parties

filed

briefs.

the parties

Shifts Vacations Sick

Abuse

on the outstanding issues.

to

submit approximately eight issues

by the arbitration panel.

Leave Confinement

Discharge

Overtime

Sick

Those issues are

Leave Incentive

Seniority

Sick

Leave

Uniform Allowance

 Ir

4

One-Man

Health

Patrols

Insurance

Insurance Reporting Time

Dental

and

issues

All

of Benefits

Educational

Longevity

Incentive.

considered as well as the responses by the opposing

carefully

The Public Arbitration Panel

Article

support submitted by each party

attendant

their

Maintenance

Coverage

met

in

executive

party.

on April

session

were

30 1992

consid-ering
and deliberated

the

all

results of

the

on each of the outstanding

exhibits

data

detail

and testimony

those deliberations

issues

in this

are

received

contained

presented by the parties which

AWARD

in

the

from

both

AWARD

fully

The

parties.

which

as to a just and reasonable solution

Panels best judgment

Those

issues carefully and

constitutes

of the

impasse.

not specifically dealt with

are

in

were also carefully considered by the Public Arbitration

pres-ents
Panel

but rejected

the positions

In

Panel

arriving

in

their

of the parties

at

For each issue the discussion

entirety.

and the Panels analysis

charged

v

and conclusion.

contained herein the Public

the determination

has considered the following

below

statutory

guidelines

with

Arbitration

which

it

was

by Section 209.4

the public

arbitration panel

shall

make

ajust

and reasonable

find-ings

determination of the matters
the panel

determination
taking

relevant

a.

into

factors

proceeding
employmentof

of

of the
with

shall

In

dispute.

specify

consideration

the

comparison

employment

in

in

the basis for

addition

such

arriving at

to

its

any

other

following

the

wages hours and

employees

the

wages

involved

hours

in

and

conditions
the

of

arbitration

conditions

of

similarservices

otheremployees performing
under similarworking conditions

or requiring similarskills

 5
and with

other

employment

b.

the

and private

of the public

and the financial

employer to pay

of peculiarities

comparison

public

communities.

and welfare

interests

in

generally

comparable

of the public

ability

c.

employees

in

in

to other trades

regard

or

employ-ment
2
qualifica-tions
4
professions

including

physical

qualifications

mental qualifications

d.

the

the

terms of collective
in

parties

the

1 hazards
3
and
5
of

specifically

past

educational
training

job

between

negotiated

agreements
for

providing

skills

and

compensation

including but not limited to the provisions
insurance
and retirement benefits medical and

fringe benefits
for salary

hospitalization benefits

vi

the

determination

of

paid

the

time

off

and job security.

arbitration

public

shall

panel

be

and binding

upon the parties for the period prescribed
by the panel but in no event shall such period exceed two
final

years from the termination
bargaining

agreement

or

bargaining

agreement

then

from the date

years

determination
local

shall

of

there

any previous
no previous

is

for a period

not to

collective
collective

exceed two

of determination
by the panel. Such
not be subjectto the approval of any

body

legislative

date
if

or other

municipal

authority.

TERM OF AWARD
Both parties are

in

agreement that because of the date

pursuant to the provisions
Arbitration

Award

shall

Panel

is

of

limited to a

be from July

1

Civil

Service

maximum

Law

of a

Section

of

this

209.4vi

Award and
the Public

two-year Award the term of this

1990 through June 30 1992.

 6

SALARY
Average

of police

annual salaries exclusive

When

Police

Officers

Ranks

Above

longevity

reporting

Police

Officers

Above

to

time night

are

Police

included

bases

of

the

shift

12% salary

the

and the pattern

above

Benevolent

made

for

payment

of

pay and uniforms.

Association

of twelve

supports

July

by

received

12% effective
1

1991.

proposed

its

nature of the

increases

is

time holiday

increase effective

salaries received

salary

provision

differential court

hazardousness

of

average annual base pay

$31573

salaries

The Association

comparable

jurisdictions

the

$30182
$35846

Officers

For Unit

of the Police

salary proposal.

are

$29755
$34958

Officers

The PBA seeks a salary increase
and a twelve

effect

increment

is

Ranks

Position

in

step

$31033

payment

Police

addition

but including

currently

For Unit

longevity

Average

In

longevity

officers for the City of Buffalo

Average

including

of

other

July

The City makes no

salary increases

police

officers

the

past

in

on the

similar

in

work performed by police

in

1 1990

officers

comparison

with

 7
units

police

in

other

and

cities

in

other

units

employee

by the City of

employed

Buffalo.

PBA

The

maintains

that

the

compulsory interest arbitration panels

and other

benefits

are the

counties

of

by

previous years specifically the Sands

in

Those jurisdictions used by the Sands panel

panel.

those used

are

proper comparables

for

comparison

Nassau and Suffolk

the

of salaries

of

cities

New

Cheek-towaga
York Syracuse

and Yonkers

Rochester

and the towns

of

Amherst

and Tonawanda.

A comparison

salaries reveals

police

Salaries

of

for Buffalo

Yonkers which
salaries with

the

is

$3923

The

found

police

is

officers are

to

equal

a

33.6

Cities of

average salaries with Buffalo

salaries are

$10331 lower

New

York

on

a

than

substantially

the

percent difference.

in

Buffalo

Rochester

Comparing

Amherst Cheektowaga
Buffalo

police

officers

is

and

Buffalos

and Tonawanda

a

salariesbeing

towns.

of those

officer

police

lower.

average of those

City Syracuse

percent less than the average

PBA argues that ...

compared

of

nine-unit

police

experienced resulting

12.8

appropriate

seriously

underpaid

basis using the comparables

thirty-three municipality

by the Sands panel or using even more limited comparables

Rochester

Amherst Cheektowaga
made on

Buffalo

those of the towns

approximately

whether

that

County Nassau County

Suffolk

deficit of

Sands panel

of the

the basis of

and

Syracuse

and Tonawanda.

total

and

the

This

annual earnings or

is

largest

true

total

suburban

whether

cumulative

a

towns

comparison

of

is

career earnings.

 8

When

the

the disparity

more

limited

five

12% percent.

PBA

that

Sands panel

is

done

on

comparables

are

24% Percent.

the disparity

increase

in

is

salary

not only

When

a

exceeds eleven

The

26-27.

but

equitable

fully

as well.

justified

Position

of the City of Buffalo

The City of Buffalo

for salary

argument

of

criteria

selection

contends

increases

that the

of

comparable

are inappropriate.

units are

a

Depew

East

Erie

and

County

Aurora

Tonawanda

b

and

Niagara County

c

other

large

cities

cities

in

of

that

the

union representation

its

Town

of

Town

Lockport

New

its

use

and towns

cities

Western

in its

of

Stating

Lancaster Village of Lancaster City of Tonawanda

Seneca

used by the PBA

comparables

geographical proximity population

Amherst Cheektowaga

West

the disparity

PBA Post-Hearing Memorandumpp.

proposed

its

the

twenty-four

comparison

municipality

11.5 percent

asserts

on average

exceeds

and one-half

When

used

are

comparables

municipality

exceeds twelve

average

used

thirty-three

of

Buffalo

Hamburg Town
of

Tonawanda

and

North

Falls

Niagara

of

York of Rochester and

Syracuse.
The

City

unable to

pay.

economic

dependent

resists

a salary

According

survival

on state

to

increase

the

City Post-Hearing

aid.

on the grounds

City Buffalo

Brief

Over one-half

of

p.

the

8.

is

that the City

currently

simply

struggling

The City of Buffalo

Citys budget

is

was

is

State

for

heavily

funded

 9

in

The proportion

1991.

created a

shortfall

increasing

the property

59 positions

factor

in

the

of State aid

over $13

of

tax

the

City

the

budget

problems including

deficit

grows

higher

it

City

an

projected

fiscal

made up by

use of the

in

the

$11.7

attrition

Even

City.

million

of

with

budget

year.

would

create additional

costs incurred

has

jobs elimination

the

departments

all

comptroller

imbalance by the end of the 1991-92

If

and increased

jobs for

all

the

117 funded

by 9.5% deleting

from 3.0% to 3.5% on

these measures

which

million

department

police

years and the decrease has

recent

fell in

in

issuing

fiscal

long-term

and financial

debt and other

financial obligations.

addition

In

the

coupled

were

at

an additional

a record

in

high

aid adverse economic

on Salary

The

of

issue

first.

parties

but

9100

use some

their

general

of

Suffolk and Nassau

and one

city

in

Yonkers

in

1990 and 4409

police

the

concepts

used by the Sands panel which includes

on the City

The number of bankruptcies

jobs.

comparable

which

County have reached 6.9%

Erie

years with 4000

appropriate

Both

purposes

net loss of

in

conditions

particularly hard

fallen

filed

applications

recent

Discussion

comparison

units

Unemployment

with

addressed

state

in

economy has experienced has

national

of Buffalo.

to the loss

New

in

1991.

departments must be.

same

differ.

cities

The

and

towns

PBA chose

for

the

York City and two counties

the Greater

New

York Metropoli-

 10
tan

Area.

The

departments.

as well

City on the

subdivisions

political

selection

meaningful

criteria.

In

significant

economists and other labor

criterion of

market area

departments

locality

the

for the

of

criterion

geographical proximity

is

geographic area a large

subdivision

for

market area

large

city

are

forces

police

relatively

two

if

size

towns

of

size

and

and Niagara

other

Counties

and Syracuse.
must be based on

comparisons

departments of other jurisdictions

police

would

practitioners

their

department. Most

agree that

under

proximity

not the only relevant

city

one

If

critical

may be comparable

with

If

if

In

they are

price levels-size-of police

police

However
a

particular

smaller

like

labor

competitive

political

The

is irrelevant.

distinct.

even

within

much

a

proximity

and

two

satisfied.

is

criterion.

does not compete

units are separate

of city

consideration.

personnel from the same

geographical

of

labor

manner two

relatively

distant

force and other factors

equal.

Considering the

function

cities

Erie

to the Buffalo

personnel geographical

for the

from each other

ways

group

occupational

example draw

for

police

basis

Rochester

of

salary

the

geographical proximity that is the relevant

is

comparability

cities

wage and

the instant case

in

hand chose

area including

York larger

of units for

must be comparable

labor

New

on

panel selected

other

the Buffalo

in

as the upstate

A

Sands

the

Apparently

of police

that jurisdictions

criteria

of

similar labor

force and other economic
such as

New

market area similar size

factors

York City Yonkers

it

is

Suffolk

possible to

and

conclude

and Nassau Counties

 11

are

not appropriate

force obviously

for

with

comparisons

are of a substantially different nature.

Area

Metropolitan

of

economic

officer

police

population

is

conditions

Buffalo

to

Nassau

and

in

is

salaries

in

Prices

that

area

are

New

its

police

of

York Greater

the

has

Counties

a

and the Consumer

are substantially

particular are substantially

more than half the population

New

Suffolk

conditions.

higher.

entire

state.

higher

The

areas

Therefore

so substantially different that a comparison

with

meaningless.

Syracuse and Rochester are two larger
the

size the

addition

Index are substantially higher salaries in general

Price

and

Yonkers

including

different set

significantly

In

York City and

Buffalo and some of itsproblems

substantially larger than

is

New

Buffalo.

York Metropolitan

not equal

in

size

to

Area.

Their police

cities

forces

in

the

State and are outside

and populations although

those of Buffalo are sufficiently large to permit credible

comparisons.

On
so small

Buffalo

such

total

hand

certain

and do not derive

that

they cannot

jurisdictions

Village with

a

other

the

of 31

a

are

total

of

persons

in

Considering the

jurisdiction

size of

by the City are

from the same labor pool as does

employees

be reasonably considered comparable.

East

15

their

proximate jurisdictions cited

in

Aurora with

the police

the police

criteria

police

a

14-person

police

Examples

of

force Lancaster

department the City of Tonawanda

with

department.

of competitive

labor

market area population

force and other economic

factors

of

an appropriate

 12

jurisdic-tions
grouping of jurisdiction for comparison

with

Buffalo

and larger

cities

outside

within

outside

towns

the Buffalo

the

New

Metropolitan

York

All the

that

the

A

benefits.

forces.

police

PBAs members

reveals

but also

areal

as

well

as

the

be the

of

cities

of

a

officers

police

are

contains

jurisdictions

in

officers

denies the assertion

have fared

Reply Brief

grouping which

those inappropriate

Removing

City

police

well

behind

lag

of the

terms of wages

in

benefits

to

those

in

PBA
and

Buffalos

Buffalos officers lead the average salaries

that

every category City Post-Hearing
use

The

wages and

of these

comparison

market basket area

Buffalo

the Buffalo

That grouping would

evidence affirms that salaries of Buffalo

those of comparable

the

be larger

and Rochester.

Syracuse

on

City Area.

and Tonawanda

Amherst Cheektowaga

of

stating

area

would

an

inferior

p.

1. The Citys conclusion

some

inappropriate

results

position

rests

jurisdictions.

data

which

relative

to

in

in

show

that

comparable

jurisdictions.

The

such

that

City asserts

it

just

same

position

even

if

a difference

exists

cannot afford to increase salaries

The response
the

that

of the

PBA

to the

Citys position

this

is

are

time.

that the City

has taken

in every past interest arbitration proceeding since the present

mayor has been mayor PBA Post-Hearing Reply
and PBA went

at

the Citys finances

Brief

p.

7.

through an interest arbitration with the Drotning

When

the City

panel the City

 13
claimed that

it

could not pay salary increases yet the Drotning panel

7.7% and 6.8%
budget

City property

tax

increases

in

tax

levy increased

panel.

absorbed

which

a

its

doom

and doom

F.

Keenan

City

that the

purpose

years...the

revenue...

There

is

financial period.

recession and

budget

police

for the

real

property

that

A combination
rising

material

These

were

before

testified

awarded

Budget Director

twenty

fiscal

p.

several

to

faces

are

months

real.

make

conjecture...

first

the

time

in

357-58j.

Buffalo

is

experiencing

a

difficult

reduced revenues from the state the current

insurance

difficulties

but for competitive

last

it

that

has indeed cut the amount of general

the City of

of

problems

testified

Citys general fund for the

government

Transcript

no doubt

difficulties.

officers

state

fire

as opposed

news....reality

deficit

a

Comptroller... reported

over fourteen

1977 and 1989

only paid but the City ended the

... number of events that have occurred over the
the

incurring

$10.8 million surplus.

was not crying wolfthis time

of

Between

representatives

and

police

the City not

The Citys witness Thomas

some

without

11.3%. There were no

pay when
both

For 1989-90

year of 1989-90 with

the City

only

to

inability

percent salary increases

fiscal

City

1989 and 1990.

The City claimed
Sands

the

or incurring significant tax increases.

deficits

the

the

which

increases

salary

awarded

and other

require

a

costs

have contributed

to

tempering of salary increases for

and other purposes

a

salary

increase

is

 14
To deny a salary increase for police

appropriate.

because

officers

in

other

officers

police

units creating

City

the

in

City

would

creating

It

herein

is

still

parties

greater

the

opinion

a

fair

and equitable

the Public

the

July

Effective

January

Effective

July

1

of the

Public

no salary increase

compared

to

but the

productivity

of

highly

effective

In

addition recruiting would

police

other

who

officers

be more

Arbitration

Panel

that

the

salary

Award

salary increase.

evidence

salary

award

police

personnel problems.

and arguments

Arbitration Panel

1 1990

Effective

to

morale and possibly

number

elsewhere.

is

Based upon

in

be inequitable

increases as welbas

salary

this panel

would

be seriously underpaid.

not only a decrease

seek employment

difficult

I

Were

jurisdictions.

could lose a substantial

would

received

City firefighters recently

officers

shall

AWARDS

be increased

presented by the respective

salary increases

by four

as follows

4% percent.
4% percent.
4% percent.

1991 salary shall be increased
by four
1 1991 salary shall be increased by four

 15

EDUCATION INCENTIVE
The Association

an education incentive

proposes

for police

officers.

Its

proposal is

specific

compen-sation

All bargaining

unit

members

of the

members top base

receive as additional

shall

an education incentive

based on the following

DEGREE/CREDIT HOURS
Associates Degree
Bachelors Degree

IN PERCENT

AAS
BA

or

The Association

in

todays

The

society.

a

PBA

education

she

discretion

properly and apply policing

educated

sensitive

of

police

attracting

Many

develop an

will

will

approach

The

to

East

Aurora

a police

rely

if

a

officer are

officer

is

essential

so varied

crisis

that

has a college

situations.

use

College

being new ideas an environment for change and a more

to their duties.

towns

the City of

the

officer

on his or her own judgment

An education

incentive

more qualified personnel to police

cities

police

police

to a variety of

Town

has the added value

work.

and villages have realized the advantage

and have enacted education incentives.

of Rochester

educated

that

asserts

ability

8.0

JD.....

Association

responsibilities of

is

6.0

......................

highly

education

a

must.

Benevolent

argues that

4.0

................................

MA MS

of the Police

2.0

.....................................

BS

Bachelors Degree - Relevant Field
Masters or Professional Degree

Position

percentages

salary

Some

North Tonawanda

of

Amherst and

the

of

of

education

those jurisdictions are the City

the City of

Town

of

Lockport the Village of

Cheektowaga.

 16
Finally the

the City of Buffalo

in

1988 as

well

City of Buffalo

Position

The

Common

in

stipend

for

recommended

Chiefs

of Police

a salary

sponsored

by

education incentive

Report commissioned

by the

1990.

of the City of Buffalo

that while

commendable

is

Review Commission

the Salary

Council

the International

City states

himself

the

PBA argues that

such City

PBA proposal

is

the

the

City

is

Post-Hearing

excessive

desire

of

Reply Brief

to other

Report provided for a maximum stipend

p.

officer

police

not

regrettably

relative

a

the

in

position

improve

to

pay a

The City believes that

23.

Common

The

units.

to

Councils

$300.00 for an Associates Degree

of

f

and $600.00for a Bachelors Degree.
such

a

drastic increase

and

valid.

incentive.

presented by the Association

This Public

Arbitration Panel

the City

adding the percentage

Incentive

burden

j

PBA

Incentive

arguments

However

in

addition

on the City

negotiate

at

simplydo not permit

sought by the PBA.

Discussion on Educational

The

The Citys resources

is

to

the salary

the present

salary

proposed

awarded

time.

an education incentive

thought through

embraces the concept of an education

financial

currently experiencing

increases

to

are well

We
with

above

and

by the PBA for education

would

recommend
a

difficulties

modest

too

great a

the City

and the

place

that

stipend

initially.

This

 17
would

accomplish the goal of alerting police officers to the Citys

acknowledge-ment
of the

within

value

of

education for police

the financial constraints

The

Public

Arbitration

experienced by the

while

Panel

education incentive and recommending

clause makes

AWARD

no

health

care

replaced

PBA had proposed
Rider

coverage

with

Public

Arbitration

concluded

that Rider

provided greater

make

while

coverage

the following

The current
coverage

14

the

fit

an

such a

INSURANCE

City representatives

less

for the

Panel

in

its

for

program be

tentatively

agreed to the

deliberations

expensive to the City than

on

Rider

the

21

issue

actually

expressed needs of the PBA. Therefore

is

to

remain as part of the health insurance

and Rider 21

is

rescinded.

14

that

Shield

AWARD

Rider

of

concept

two parties negotiate

14 of the Blue Cross and Blue

Although

the

same time

the

City.

embracing

that the

at

and the City had tentatively agreed

Rider 21.

proposal

and

on this issue.

HEALTH
The

officers

we

 r

DIVISION-OF
LXBOit-RELAT1ONS-Room
225 City Hall

is

D..a/Imem
and

of

Buffalo

New

716

York

14202

851-5904

AdmnnUtia10

Michael

Finance

McKeatin

Acting

Richard Planavsky

Diieaor

Commission

29

December

1993

Robert

P. Meegan
President
Police
Benevolent
Association
74 Franklin Street
New
York
Buffalo
14202

RE
Dear

Lt.

Perfect

Attendance

Incentive

Meegan

the Collective
you know
Bargaining
Agreement for the
1992-95
provides for a perfect attendance
incentive
but
not specify when
it shall be paid.
As

-

4

Per our

period
does

that we have
previous
discussion this is to confirm
that
it shall be paid on the second
payday of July each
year and will reflect the incentive due for the previous
July 1- June 30 period.

agreed

Very

truly

yours
i

MICHAEL
Acting

P.

McKEATING

Director

lmk

I

J-ES

D GRIFiN

MAYOR

of

Labor

Relations

 18

ARTICLE
Change

LEAVE

8

title

Leave.
under

19

2

OF

WITHOUT

ABSENCE

PAY

to
read- Maternity/Paternity
Section
8.3
shall also include
leave
of a child
adoption
of age.
of

This
years

SENIORITX
side
letter
Communications

By

exempting
from
the

a

captain

in

application

Administration and
of

the

seniority

provisions.

20

21

SETTLEMENT

OF

Incorporate
parties on

February

PEA

DISPUTES

current

Memorandum

27

1992

by the

RELEASE TIME

PEA Release Time
Incorporate
into the contract.

22

of Agreement
reached
into the contract.

Agreement

dated December

31

1991

DENTAL
The City shall
unit members.

the GHI Spectrum
Plus Dental Program to
provide
the right to change carriers
The City reserves

so long
to self insure at anytime
with the PEAs consent
the benefits
new carrier or by self insurance are
by the
to
or better than
those .provide
overall
equal
by the
carrier.
ReaSdnable
advance notice
shall be provided
existing
to the PBA President
in advance
of any such
The PBA
change.
shall not unreasonably withhold
its consent
to such proposed
or
as

change.
In the event
arise
between
the parties concerning
any dispute
the above
either party may submit the dispute to expedited
arbitration.

23

FLEXIBLE

SPENDING

ACCOUNT

the terms
of a flexible
City and the PBA may negotiate
account
The purpose
of the plan shall be to
spending
plan.
unit members which
selections
and pre-tax
provide
more benefit
dollar
while at the same time helping the
opportunities
City
costs.
Administrative
fees associated
to contain its benefit
with the plan shall be paid by the City.
Monies may be used
on a pre-tax basis for health
benefits dental benefits life
insurance
and dependent
care expenses
to the extent allowed
by
law.
The

F

 24

ONE/TWO

OFFICER PATROLS

the parties
Agreement to comply with
By side letter re-state
the
Arbitration Award concerning
one/two
Prosper Interest
officer patrols with the following
provision

party to this Agreement pledges its best
moving to a one/two officer patrol system.
Each

25

EVALUATION OF UNIT

towards

effort

MEMBERS

associated
parties shall negotiate terms and conditions
the evaluation of PBA unit
members.
Either party may
not earlier
submit
unresolved issues to interest arbitration
than 3 months following
ratification of the 1992-95 Agreement.

The

with

26

CIVILIANIZATION
The
or

PBA

1
2
3
No

agrees

that

completely. at

the
the

duties in the Precincts
Block attendants
Dispatching by attrition.
Desk
Cell

unit

shall

employee

civilianization efforts

27

Department may civilianize

Citys option

DRUG

AND

ALCOHOL

or

be laid off as
noted
above.

the

partially

areas

following

Districts.

a result

of

the

Citys

TESTING

The parties
for a drug and
agree to enter into negotiations
alcohol
testing program as soon as possible after the signing
of this Agreement.
This clause
shall not be interpreted
as a
waiver of whatever legal
the parties
rights
may possess in
this area.

28

EDUCATION
Add

A

the

STIPEND

iieV

dew
pagesp

following

Effective
the

.x

July

following

119W

eligible

employees

shall

receive

stipend

1

Employees
possessing an associates
degree or 60
credits
shall receive
in addition
college
$350.00
to regular
and longevity
amounts.
salary

2

Employees

bachelor
of
arts
possessing
a
or a
of science
or 120 college
credits
degree
shall
receive
a
$700.00
in addition to
stipend
amounts.
regular salary and longevity

bachelor

3

Employees
possessing a master of arts or a master
of science
or a higher
shall receive
degree
degree
a $900.00
in addition
to regular
stipend
salary and
amounts.
longevity

 MEMORANDUM
TO

FROM

Richard

C.

Division

of Audit

Daniel

Labor Relations

of

DATE

August

SUBJ

Educational

In

Director

Farberman

J.

Division

City Auditor

Pawarski

9

1994

Stipend

of issues pertaining to the PBA and
response to your request for a clarification
282 Educational
Stipend please be advised of the following

Local

-if

for

more then

receive

a new

fifteen

hire

15

credit for that

Is

month

any month

during

the

provided

compensation

for

-In

days

in

payroll
the

receiving

month

the

paid

compensation

employee

is eligible

to

month.

-N an employee
absence

on the active

calendar

to

be

AWOL

payiess
employee

employee

more than

order

is

the

on

is

fifteen

eligible

the

active

15 calendar
for

eligible

this

or

suspended

is

days

to

payroll
in

on a leave

receive

that

of

credit for that
receiving

paid

month.

stipend an employee

must submit

by the New
Student copies of transcripts should not be
accepted. Copies of diplomas should not be accepted as an alternative to an
official
In the next few weeks the Police
and Fire Departments will be
transcript.
an

official

transcript with

York State Department

advised

to

request

seal from a college

accredited

of Education.

official

submitted a copy of

a raised

their

transcripts

from those employees who have previously
than an official transcript as proof of

diploma rather

education.

-An employee
criteria

If

concerning passing

possessing a degree does not need
a course with a grade of C or better.

you have any questions concerning

Cc

Medc Bideil Sr. Auditor
Robert Meagan President

this

matter please contact

PRA

David Donnelly President Local

282

me.

to

meet

the

 CITY OF BUFFALO
DEPARTMENT

OF

AUDIT AND CONTROL
OF AUDIT

DIVISION

ANTHONY

R.

FRANK BELLIOTTI

NANULA

CITY

COMPTROLLER

May 17

AUDITOR

2001

Loncar

George

Deputy Police Commissioner
Police Department

74 Franklin

Street

NY

Buffalo

14202

Re

PBA Education Stipends

Dear Deputy Commissioner
In order

to

to

process payments

the

PBA members entitled

payable July 1 2001 please provide our

Stipend

office

with

the

to the

Educational

following information

and documentation

New

Hires fiscal year
copies of

certified

reviewed
Stipends

that

stipends

and

were

be prorated

for

Retirees

are

Attached
7/1/00.

is

a

listing

Thank you

in

Labor

Relations

for fiscal

type and

including

amount

for approval.

year 2000-01

should be

Leave of Absences suspensions

15 calendar

7/1/01

to

prorated

payless time exceeding
prior to

up documentation

back

if necessary.

recalculated

should

first

date

copies of diplomas

transcripts

prorated should be forwarded
Education

- hire

2000-01

college

not

entitled

of Education

advance

for

days
to

in

AWOL

or

any month.

the Education

Stipend payments

your cooperation

to

Stipend.

PBA members for

in this matter.

Sincerely

FRANK A. BELLIOM
CITY AUDITOR
FABAJ jm
Attachmegt

cc

65

Rocco Diina Police Commissioner

Niagara Square Room 1230 City Hall

Buffalo

New

York

14202-3312

Phone 716 851-5264

 B

General

rules pertaining

to

degree or

stipend payment

1

All credits and degrees
must have been obtained and
earned at a college accredited by the New York
State Department
of Education.

2

the
For employees
seeking
foregoing
stipend as a
courses must have been
result of credits
earned
of
or
better or for
passed with a grade
a passing grade.
pass/fail courses

C

3

stipend must
foregoing
Employees requesting the
or his designee with an
present the Commissioner
official
transcript together with a completed form
as

agreed

upon

by

the

City

and

PRA.

4

C
D
29

Employees shall only be eligible for one payment in
described
above.
Furthermore
any
category
to these categories
shall not be
payments pursuant
two
cumulative.
an
Thus
having
employee
and an associates
bachelors
degrees
degree shall
be eligible for only one stipend of
.00
4a/y / iP7h
shall
receive a lump sum
Payment
Eligible
employees
eQth of each year in a full or
payment on or
whichever is applicable
provided they
pro rata amount
are on the payroll
on this payment date.
In the event
an associate
is required
for entry
degree
level
employment for future
recruits said recruits
for associate
shall
not be eligible
degree stipend.

DETAILING

A

B

The

that the Department shall have the
parties agree
officers
to detail
of any
rank on the basis of
right
seniority.
Detailing
may be used by the Department to
cover for short term absences
such
as personal
leave
blood days etc.
vacation
It shall
be
time sickness
the intent
of the Department
to detail
on a shift by
shift basis and within the officers division.
Based on the aforegoing the PBA
with
grievances
together
any
arbitration.

30

BEALTBLOBPITALIZATION
See

Attached

withdraws

related

all

detailing

demands

for

 V

1
Cenanmenf

of

Anti

a

cfl

LABOR RELATIONS
225

City

New

York

Room
Buffalo.

716

.

Hall

14202

851-5904

o.an.
-

Finance

Richard

U

DIVISION

di4
n

Michael

Planavsky

Acting

-

Commissioner

-

1993

July

Robert P. Meegan
Police Benevolent
74

McKeao
Dreco

President
Association

Franklin

Buffalo
Dear

Street.
New York
14202

Bob
This

is

to

confirm

our

conversations

today

regarding

drug

card
for Police
Officers
with the various
coverage
HMOs. It was
that
the
agreed
with BiO coverage
drug card co-pay for officers
should
be
close a possible
to that agreed
to in the contract
as
for officers
with
the
core
Blue
Cross coverage.
Thus it was
Blue and Independent
agreed fiat PBA members with community
Heath
should
have
a
and
$7 co-pay drug card with oral contraceptives
those
with
Health
Care
Plan
should have a $5 co-pay drug card
This
with
oral
contraceptives.
is the highest
co-pay available
from these
the HMOs that this
respective. HMOs. I have notified
chage will take effect
8/1/93.
Very

truly

MICHAEL
Director

JAMES

D.

P.

of

yours

NcKEATING
Labor
Relations

GRIFFIN.

MAYOR

 ty

OF LABOR RELATIONS

DIVISION

Room

T

Buffalo.

Cragmen of
Richard

City

York

715

.eh

and

225

New

Hall

14202

851-5904

Acmmislmlion

Finance

Michael McKeatinc

Planavsky

Acting

_

Commissioner

July

..

1

199.3

JiI1

Sykacuse
Health
Independent
511 Fraber Lake Drive

Williamsville New

York

14221

Re

PBA

Group 30056

Dear Jill
The

of
Buffalo
and
the Police
Benevolent
Association
that
we wish to change the prescription
card
agreed
for
without
30056
from
$3
oral
coverage
Group
co-pay
to
$7
effective
cobtraceptives
co-pay with oral contraceptives
8/1/93.

PEA

City

have

Please
If

we

need

proceed
to sign

with

this

anything

and
change
know.

Very

Director

Robert
PBA

P.

of

McKEATING
Labor
Relations

Meegan

President

JAMES

out new

truly yours

MICHAEL

cc

send

let me

0.

GRIFFIN.

MAYOR

drug

cards.

Drecloi

 DIVISION

OF LABOR RELATIONS
Room 225
New

Buffalo

716
Oeparmrento1
and

City.Hall

York

14202

8515904

Administration
Finance

Michael

Richard Planavsky

Acting
_

Commissioner.

1.

July

Joanne Koprevich
Community Blue
1901 Main Street
New York
Buffalo

1993.

14240-0159

Re

PBA

Group

12180001

Joanne

Dear

Association
of
Buffalo
and
the Police
Benevolent
that
we wish to change
the prescription
card
agreed
for Group 12180001 PBA active
employees from $3 co-pay
coverage
without
oral
to
$7
with
oral
contraceptives
co-pay
effective
contraceptives
8/1/93.

The

PBA

If

City

have

Please process
and send
this
change
need to sign anything let me know.

but

the

new

we

very truly

yours

MICHAEL P. MCKEATING
Director

cc

offLabor

Robert Meegan
PBA President

t
JAMES

D.

GRIFFIN.

MAYOR

Relations

drug

cards.

McKeatinc
Director

 ARTICLE

.N

HEALTH
21.1

Health

DENTAL

21

CARF.

COVERT GE

Insurance

and medical coverage
The City shall provide at its expense health
under the Blue Cross Hospital
for all employees
Medical/Surgical
Traditional
90-91 Plan with the following
riders

A

0001-

Unlimited

without
Major Medical Expense Rider
prescription
drug benefit with a
above the $100/5200
to
City
self-fund
may
$500/$1000 deductible
using a third party

5190/$200-deductible-The.

.

administrator-_B
C
D
E

Rider

8

Dependents

Rider

4

Emergency

Rider

14

Increase

to

23

Outpatient

Psychiatric
the

Age

current

EKG

Rider
drug rider to

prescription

co-pay-In
generic/510.00

brand

a

$5.00

name

the event
it
the City elects to self fund as described above
notice
to the PBA President
in
shall
provide
reasonable
advance
The PBA shall not unreasonably withhold
advance
of such change.
consent
to such proposed
arise
In the event
any dispute
changebetween the parties concerning such self funding either party may
submit
the dispute to expedited arbitration.

participants

level
city self funds above the $100/$200
level.
the $100/$200
expenses shall exceed

21_2

Insurance

In

the

event

Medical

the

Upon

then

no

Retirement

who retire during the Life of this Agreement or until a
Employees
is executed
successor Agreement
by the Mayor or imposed by interest
arbitration
with
20 or more years
of service
with the Buffalo
Police
or who take a disability retirement resulting
Department
in the line of duty shall be entitled to
from an injury sustained
receive
less major medical coverage
paid health/hospitalization
a 55.00
generic/510_00.brand
name drug rider. This shall
lifetime benefit for those retirees who retire during the term
this Agreement.

with
be
of

a

Dental

21-3
See

Paragraph

21_Current

Insurance
22

to main

otifi cc_o-

1500

o

packet

captioned

Dental.

etu_

COP. CdCt

.

CU.I

IIn.

14 h_rr_vc
S5.U0/510.00
co-pay
City
nay at
option substitute
59.00
approval
of
312 Crosss application
or
provision
said SO-00 co-pay ahaI
incrudc

_ho

5.00/510.00
i

...

co

p.

r

 ARTICLE
HEALTH
Health

21.1

DENTAL

AND

21
CARE

COVERAGE

Insurance

The City shall provide at its expense
health and medical coverage
for all employees
under the Blue Cross Hospital
Medical/Surgical
Traditional 90-91
Plan with the following
riders

A

Unlimited Major Medical Expense
Rider BCMM-7 without
deductible.
prescription drug benefit with a $100/$200
The
self-fund
above
the
to
a
City
$100/$200
may
deductible. using a third party administrator.
$500/$1000

B

Rider

B

Dependents

C

Rider

4

Emergency

Rider

14

D
E

to

Age

23

Outpatient

EKG

Psychiatric Rider

Increase

the

current

drug rider
prescription
co-pay.

to

a

$5.00

brand name

generic/$10.00

the City elects to self fund as described
In the event
above it
shall
advance
notice
to the
in
provide reasonable
PBA President
advance of such change.
The PBA shall not unreasonably withhold
consent to such proposed
In the event
arise
any dispute
change.
between the parties concerning
such self funding
either party may
submit
In

the

the

dispute

event

the

expedited

arbitration.

level
City self funds above the $100/$200
level.
expenses shall exceed the $100/$200

participants
Medical

21.2

to

Insurance

Upon

then no

Retirement

the life of this Agreement or until a
who retire during
Agreement is executed
by the Mayor or imposed by interest
arbitration with 20 or more years
of
service
with
the Buffalo
Police
or who take
a
retirement
Department
disability
resulting
Employees
successor

from

an

injury

receive paid
with a $5.00
be

a

lifetime

of

this

21.3
See

Paragraph

line

of

duty

shall

be

entitled

to

less major medical coverage

brand name drug rider.
This shall
generic/510.00
benefit for those retirees who retire during the term

Insurance
22

Notification

Current

in the

Agreement.

Dental

21.4

sustained

health/hospitalization

1986-88

iwhenever

to

main
of

packet

captioned

Dental.

Status

contract

language.

a $5.00/$10.00
the
co-pay is listed in this Article
at its option
substitute
a $9.00
drug co-pay pending
of
Blue Crosss application
for a $5.00/$10.00
approval
co-pay
provision said $9.00
contraceptives.
co-pay shall include

City may

 21.5

A

Ban on Duplicate
Ban for Active

1

2

Enrollment

Emplovees

No employee
shall
be entitled
to health
or
dental
is
insurance
at City expense
if the
coverage
employee
health
under another
eligible for coverage
comparable
insurance or dental plan.
This ban on duplicate health
also applies where both spouses
or dental coverage
and/or
of the City.
family members are employees

A

to the no duplication
ban noted in
Employees subject
above shall be entitled
to the following
waiver in lieu
of

coverage

a

b

$1000 for waiver of
family coverage
or

health insurance
plan
for waiver
of
$500
single
a full
following
year of waived health
coverage
insurance.
Pro rata amounts
shall be paid for each
full month of health insurance
waived.
An employee
who
elect
to
waive

is entitled
to dental
coverage may
All employees
such
coverage.
will receive
the sum of $12.50
per

waiving coverage
month up to $150.00

c
1

B

the

per year.

for any
will not provide
dental
coverage
has
comparable
whose
or superior
spouse
as
the
result
of
employment in
City
service.
Said employee
shall
receive
the sum of
$10.00
per month up to $120.00
per year.

The City
employee
coverage

- Retirees
Enrollment
Ban on Duplicate
The City shall
to
not
be
medical
or hospital
obligated
provide
any
insurance
for
of the type of plan
coverage
regardless
for coverage
under another
any retiree who is eligible
insurance
Retirees
hereunder
comparable health
plan.
shall be entitled
fee of $720.00
to an annual waiver
or
full
a
for each
month waived.
pro rata sum of 1/12th
Payment shall be made on or before June 30 of each year.

C
D
E

Year Defined
For purposes
of this Article
a full
year shall be defined as July 1 of one year to June 30 of
the next.
Full

Payments
Payments
Article shall be made

insurance
under this
June 30 of each year.

the Citys Plan
Should
the employees or
alternate
health
or
dental
be
coverage
terminated for any reason such employee will be entitled
to coverage
the Citys health
dental plan
under
and/or
the
herein provided
notifies
the
employee
city in
the
loss
of
alternate
writing
immediately
following
and provides
coverage
proof thereof.
Coverage shall be

Re-entry Into

retirees

reinstated as
than

the

receipt

1

for waived
on or before

soon
as possible
but
in no
first day
of the
month
following
of the above
notification.

event
the

later

citys

 21.6 Alternate Health Insuranca Coverage
Current (1936-88) contract language.

IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF
AGREEMENT
THIS
LEGISLATIVE
ACTION
TO
REQUIRING
PERMIT
ITS
IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL
FUNDS THEREFORE
SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.

WITNESS

IN

day

FOR THE

of

WHEREOF

April

1993.

BUFFALO PBA

Robert Keegan

Pr

s

the

parties

FOR

ent

have

set

their hands

this

-

THE

CITY OF

BUFFALO

Michael McReating
Labor Relations

Direc

r of

41z

12

ay

5

 SCHEDULE

4-394-34-4
JANUARY

1993

1993

JULY

1493

yn

_w

YwY1

1993

wwY

N....

W

I

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r

I

w

Y

M

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im

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w

Y

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AUGUST

1993

1

FEBRUAYT

1993

RORNT

TIYUWT

TITTFIY

MOIWT

Y

w

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1993
OIRir

Y

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rr

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w

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Y

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199
TOYDIT

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1NUNT

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MAR H

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SEPTEMBER

1993

..Y..

ww

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r

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199

APRIL

1993

1993

0C108V23

2993

r
i

AWAKAMAN
mmimis
Y

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w

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MAY

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1993

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wwr

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n

1993

JUNE

w

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n

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1993

DECEMBER

1993

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All. Oealrama

LIST

5394043

 15

2

1

22

DAY

DAY

2

CYCLE
CYCLE

I
X

1

x

1

X

2

x

2

x

3

x
x

I
I

x

6

x

7

x

_J

I

x

4

5

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4-3

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6

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4

4.4

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10

X

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B

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9

10

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x

x

6

16

DAYS

HOUR

x

9

x

x

I

x

x

x

x

x

10

11

12

I
I

DAYS

11

I
I

x

12

LIEUTENANTS

W

x

x

14

13

x

x

14

x
x

I

IS

x

x

x

15

I
I
16

17

18

I
19

I
x

20

I
x

21

x

22

SCHEDULE

 MONETARY

1

CALCIILTION8
Hourly Rate

-

Divide
the
annual
salary by the number
of regular hours in the work year

Officer
$38957.34
Step 5 Police
e.g.
effective
hours
07/01/93
by 1992
no later than
$19.56
hourly rate.
E.g.
5
Police
01/01/95
Step
officer
divided
1948
hours
$41723.31
by
$21.42
hourly rate.

Bm

4

 15.84

17.23

18.63

20.02

21.42

22.20

22.96

23.22

24.80

28.55

28.41
31.27

1946

RATE
HOURLY

1885
15.49

18.22

19.58

20.95

21.71

22.46

24.25

23.96

27.79

22.71

30.58

1992
RATE
HOURLY

S%

860.20

562.83

28930

003.05

248.39
233.87

723.31

48310.10

44732.60

33

30

30

39

43

41

45

.4

188.94

50005.3760905.64

46009.62

49256.8051719.43

37.145.76

42602.48

52713.4955349.16

06/30/9407/01/94

079.66

561.24

964.60

390.67

2%

39736

29

31

14.47

34

41

43

15.73
17.01

18.28

19.56

20.27

20.97

21.20

22.64

24.24

23.94

28.55

1992

07/01/93

RATE

728.35

835.34

807.63

779.15

677.67

576.29

626.76

HOURLY

844.70

902.15

965.82

PRO.
1137.36

DUCTIV1TY

1033.60

337.84

863.57

417.41

957.34

381.31

31

33

36

38

40

956.93

255.51

32

33

235.18

814.38

10.5%

4176714

30

310.72

565.0626.07a.36

BASE

544.17

663.88

2%

42

36

584.23

28

472.4338.22t.88

42845.1643702.6648290.78
37057.1837798.32

2781t.8028360.04

06/30/920710119307/01/93STIPEND

25

1

30

32

34

2

3

4

5

Step

Step

Step

step

37

of

Step

Sarv.

of
Police

Instructor

Lieutenant40020.8240821.2445107.47

Hoaicide45852.0946769.1351679.89

DetectivesInspector50455.1651484.2656888.01

Chief

Chief

Officer

Officer

Officer

Officer

Radio
Officer

Captain

of

Police

Police

Police

Police

Police

PolygraphExaminerAssist.

Detective3S.827.62

Detectives

Oispatcher

PhotographerDetectiveSergeant

Aduinietralive

of

Assist.

SALARY

062.61

Police
Police

Police
Chief

Polichiefe

C

 18
SICK LEAVE

The

The

exists.

policy

a

confinement policy.

a

proposes

City

CONFINEMENT

clause

Citys proposed

Unless otherwise

authorized
a

designated representative

is

Presently no

confinement

as follows

by the Commissioner

his

or

member of the Department

on

confine-ment
sick

leave

not leave

will

his residence

or place

of

except for

1

obtaining

2

medical treatment

professional

in writing by
performing exercise prescribed
his physician
which is part of his recovery

treatment a copy of which

must be submitted

com-mencing

to

Commanding

his

Officer

to

prior

such exercise.

b

Permission to leave
above

cited

employees

Position

the residence

must

be

for

documented

commanding

reasons other than
in

and IOD Injured

not harm anyone.

during

get

their

shift

to

on duty time since 1982.

Those

at

out and about

Department

any

officers

rate.

of

the

who

are

Individuals

monitor sick leave

Town

Tonawanda.

the

of

in

the

would

truly

sick

who

are injured

usage with
area

in

have

the

use of both sick

The confinement policy would

can seek permission to do so.

Other departments

Amherst

by

of the City of Buffalo

The City argues that there has been an increase

leave

writing

officer.

at

home

and who are able to

The policy

periodic

a

normallybe

would

phone

confinement

Lancaster the City of North Tonawanda

calls

permit the

or

policy

visits.

notably

and the Town

 19
Position

of the Police

Benevolent

Association

confine-ment
The Association

stating that the

IOD

time.

Department

periodic

is

surgeon

phone

to

subject

that

or

officers

who

report

but I.A.D. weekly.

weekly

calls

Citys inclusion

of

IOD time

for

Citys proposal submitted for interest arbitration excluded

PBA argues

The

to the

objects

visits.

If

his

There

charges.

sick

not only

see the

Those officers are subject

an officer abuses

formal disciplinary

off

sick

leave

has

not been

privileges

a

to

he

single

establish-ed

established

case of abuse therefore

there

is

no reason to disturb the

practice.

Discussion on Confinement

Although

leave

abuse

limited

attempt

officers

to

in

this

Public Arbitration

occurs among

an individuals

the future

who

Policy

to

officers of

tour

abuse

do not take

Panel does not believe that excessive

sick

of

it.

duty

the

will

feel

like

a

confinement policy

discourage any

person from an

The confinement policy does not affect those

leave nor does

and confined to their homes or hospitals.

would not

Department

sick

going out of his home.

it

affect those

A person with

the

officers

flu

who

or other

are

ill

illness

The person whom the policy would

off-duty
effect

is

an individual

injury or

duties

illness

as a police

who

has an arm or a leg

which

officer

in a

cast or have some other

prevents him or her from performing his or her

but who

has some ambulatory capacity.

But the City

 20
argues that

a

person

in

that

situation

could get permission to leave

his

or

her

home.

This Public

harm

to

This

who

officers

police

abuse.

Arbitration

Public

presented before

it

are

excluded

believes

and

ill

Arbitration

presented above

proposal

Panel

Panel

IOD

that

the

may discourage
agrees with

the

injured on duty

reflects

potential sick

PBA

that

leave

the

issue

personnel and the Citys

we make

Therefore

that.

does no

Citys proposal

the

following

AWARD
A

new

clause

be added to the Agreement

shall

confinement policy

DISCIPLINE

Al

Article

of

the

make

shall

The

it

Section

DISCHARGE

contains

12.2

D

definitions

currently

is

and

the

procedures

following

so selected and so designated shall
powers of the Commissioner of Police and
record
of such conference.
His findings
and

a

shall

then be referred to the Commissioner of

review and decision.

PBA proposes

substituting

The

for

a

allthe

recommendations
Police

specifies

officer

impartial hearing

be vested with

AND

Agreement

concerning disciplinary action.

The

which

as stated above as the Citys proposal.

with

the following

hearing

officer

authority to

render

the

deleting

sentence

of that

paragraph and

sentence

selected by the parties
and binding determination.

mutually
final

last

shall

have

 21

of the Police

Position

The

officer

may

Association

states

make

findings

only

Association

Benevolent
under

that

the

present

and recommendations

Commissioner of Police for review and decision.

officer

appointed hearing

its

burden

service

of

of

is

empowered

to

It

which are referred to the

is

the ultimate

While

states

the mutually

determine whether the City has met

proof the Commissioner of Police who

charges

the hearing

Agreement

determinator

PBA

initially

authorizes

the

Brief

57.

Post-Hearing

p.

Commis-sioner
The

PBA

further

frequently

Brief

after

p.

the

does not follow

The

57.

As is evident

states

PBA charges
officer

hearing

the

recommended penalty

that

2

from Joint Exhibit No.

the

recommended

the

PBA Post-Hearing

Commissioner has found

dismissal

Commissioner followed

of

guilt

even

Of twenty

charges.

recom-mendation
disciplinary

cases

less than

are a

number

pre-stated

render

final

fifty-percent of the time.

of instances

lesser penalty

review following
The

the

a

in

which

the

The PBA further asserts that there

an officer has plead

because he or she

officers

hearing

felt

guilty

that there

and sustained

would

not

be a

a

fair

formal hearing.

PBA states

The

substitution of a neutral

and binding determination

each officers due process rights

PBA

for a hearing

Post-Hearing

arbitrator

officer

Brief

will

p.

empowered
better

58.

to

protect

 22
Position

The

Arbitration

Associations

City

opposes

the

Panel

to take

judicial

be apprised

individual

The

of the City of Buffalo

current

section

of the

of the

a

asks

It

due process requires

exceeds

far

Agreement

an opportunity
those minimal

with

actions

that

result

will

in

discharge that individual must have the right of due process that
and must receive

be apprised of the charges

guilty the severity

At some

discipline

and

language

is

City.

None

contain

a

binding

the

in

the

Public

only

to

an

that

respond.

rights.

and

fair

with

of

the

Agreement.

Agreements

bargaining

units

It

of

other

in

the City

she

is

hearing.

the

If

must

found

the

present

that

similar

units within

bargaining

or

infraction.

noted

is

discipline

have Agreements

the

which

arbitration clause.

the

various

City

is

consistent

bargaining

units

hearing officers recommended penalty
concern

to the extent

charges

of

which

full

past the City and the PBA negotiated

section

the eight

Although

among

the

discharge

included

of

in

a

must be consonant

of the penalty

point

the

and Discharge

charged

is

person

that

charges and be given

Discussion on Discipline

When

note

proposal.

that

it

occurs

they are innocent

is

in

the

is

its

discipline

high

and

incrdence

of

cause for concern.

the fact

that

clause

discharge

individuals

changes

in

the

Also cause for

plead

out of fear of more substantial

guilty to

penalty.

 23
The

Public

Arbitration

Commissioner of Police

general

in

Panel

thus

making

it

nor does

this process

it

the

role

wish to completely

of the

alter

the

The Award below while adding one layer to the

thrust of Article 12.2.

process

does not wish to decrease

somewhat cumbersome

process to continue as before while

at

same

the

is

intended to permit the

time

provide an avenue of

recom-mended
appeal for any police

officer

who

by the hearing officer

The

Public

Add

the following

if

the.

Union

Police
Officer

makes

Section

12.2

the

it

matter

penalty

D
of the

Commissioner of

mutually selected by the parties through the American
Association within seven
calendar
days after service

7

Commissioners

arbitrator

in

AWARD

the following

disagrees with the decision

Arbitration
of

an increase

recommended by the Hearing
change the decision
may seek review of such change in decision by an

to

arbitrator

that

is unjustified.

Arbitration Panel

to

believes

shall

but

decision.

not be authorized

only to

review the

determine whether

the change

was supported by

substantial

in

is

understood that

conduct

record
decision

evidence

of

a rehearing
the

such
of

proceeding

the
to

by the Commissioner
in

the

record.

If

the

have the authority to award an
appropriate
remedy which shall be final and binding upon the
It
is further understood
parties and the police officer ir4eolved.
arbitrator

that
the

so determines

the cost
parties.

of such

he

It

to

shall

arbitration

shall

be shared equally

between

 24

IV

The

current

AINTENANCE

Agreement

contains

OF BENEFITS
maintenance

the following

of

benefits

clause

conditions

or provisions
beneficial to employees
now in effect
not specifically provided for in this Agreement or which
have not been replaced
of this Agreement
by provisions
shall
remain in effect for the duration
of this
Agreement unless

All

which

are

The City seeks to remove

City states

cannot afford

it

City

must

willing to

to

that

games with

play

its

incorporate

specific

of

Position

from the Agreement.

clause

the current

a

catch-all

liability

conditions

into

the

is

or

contract

fiscal

clause

under

such as that above.

clause.

this

practices

but

now faces

plight the City

The

relating to

those conditions

The

City

is

terms and

must

be

by the PBA.

of the

Police

The Association

proposal.

potential

employment

clearly identified

its

xiven

know what

conditions

this

of the City of Buffalo

Position

The

between the City and the Union.

otherwise

mutually agreed

Although

Benevolent

Association

argues that the City has presented no facts to support
the City

pleads ignorance as to

the

meaning

of

the

 25
Article

the

meaning

is

between

Agreements

understood because

well

the City

in

this

Public Arbitration

fact potentially eliminate

by the bargaining

reduced

to

in

terms and conditions

agreement

Therefore

that

we

of Benefits

Panel

the

some terms and

decline

Agreement.

to

the

series

of

Clause

conditions

practices

It

of employment

was not

a

were to award the Citys proposal

unit that are established

writing

in

and the PBA.

Discussion on Maintenance

If

has been

it

of

employment

which

may be argued

are

it

would

enjoyed

have not been

that

all

recognized

should be identified and placed

in

an

charge placed before this Public Arbitration Panel.

award

the

Citys proposal.

SHIFTS

Section 2.2 of the Agreement

730
330

provides for three

a.m to

p.m. to

1130 p.m.

to

330
1130

730

shifts

of fixed

time

p.m.

p.m.

a.m.

arrange-ment
The

there

current

is a

policy

is

for a

5-2 double

42-day cycle within

which

back

police

shift.

officers

Under

this

work 26 days.

 26
The City seeks to

shift

alter

with

schedule

Position

the

a fourth

more

shift.

power

of the City of Buffalo

The City seeks the

is

system to provide for a straight 5-2 eight-hour

shift

because

efficient

any one time compared

shift

it

change because

has a lower relief factor and

71.4% of the manpower to be scheduled

permits

with

it

the present

at

66.7%.

double-back
is

Buffalo

the

only Department

within

the

comparables

that

has a

shift.

With the double-back

off

each weekend

and 68.7

shift one-third

officers

report

of available

manpower

Officers

double-back

schedule

officers are

In

is

This

and third

harmful

Staffing

The most

shifts

is

is

to

shift

on a rotational basis on the

both officers and citizens because

distributed

fairly

on Saturdays and the

shifts

third

than the present

shift

to sleep

patterns.

is

on Sundays.

on the

More

system provides.

addition with the rotational shifts the constant

destructive

the

evenly by time of day and

obvious discrepancy according to the City

needed on those

too few

leaving

calls.

both second

is inflexible.

and third

to

respond

work

shift.

day of week.
second

to

scheduled

on average each day. Given this

off

approximately 249 officers are off each day of every weekend
officers available

is

change

in

work

hours

 27
Position

The

schedule

Association

whether

hours inclusive

eight

work

that

the

City

does

not

an eight-hour

an increase

of.

in

work

a

result

change

in

encompassed

data

better

in

the

lunch whereas

day exclusive

deployment

schedule.

within

possible

particular

schedule.

hours since employees

under the Citys proposal

Nor

the

the City

Given

The

now
they

of lunch.

The PBA argues that other than the assertion
would

a

propose

any definitive set or set starting and quitting times.

does propose

Citys proposal

would

states

Association

be a 5-2 4-4 4-3 4-2 or other

it

does the City propose

work

Benevolent

of the Police

the

schedule

has presented no evidence justifying

absence

Citys proposal as well as

supporting the straight 5-2 schedule.... there

record to change the existing provisions

that a straight 5-2

of

failure

is

as to what

specifics

to present

insufficient

PBA Post-Hearing

is

compelling

evidence

in

the

Brief pp. 62-631.

Discussion on Shifts

The

report Policing Buffalo In the Nineties

submitted by the International

Association of Police Chiefs City Exhibit No. 121 recommends that the present
double-back

shift

scheduling be eliminated

of operations provide

productivity

in

general.

greater

service

in

order

to increase

to the residents

of

the efficiency

Buffalo and increase

 28
This Public

Arbitration Panel

provide for greater

However

the Panel

At the same time

most

efficient

sufficient

is

it

is

has

make

to

appears

it

Because of the

double back system

this

double back

other

more

negotiations

that the straight

that

that

shift

efficient

do

judgment

the

Police

to

negotiate

to either

pattern

not result

months after issuance

of

this

a

and

5-2

is

shift

endorses

it

rotating

system

is

shifts.

not the

with

5-2

shift

the

limited

system would

be

Department.

a

modified 5-2

makes

shift

system the

the following

AWARD

change from the modified
hour shift or some

straight 5-2-8

agreement

Award

a

has not been provided with

mutuallyacceptable to the
in

will

the best alternative.

although

straight

Public Arbitration Panel

parties are directed

The

that the straight 5-2

schedule

in shift

system with

shift

inefficiency of the

relative

change

operations

The Public Arbitration Panel

for this City of Buffalo

appropriate

of

double back

not convinced

pattern.

it

5-2

not convinced

information

information

5-2

the

that a

and efficiency

flexibility

movement away from

believes

the

after

a

parties.

period

of

If

six

unresolved issues may be

submitted to arbitration by either party using the procedures of the
American Arbitration Association.

 29

ONE MAN PATROLS

The City of Buffalo

City

seeks to establish

the following

a

uses two-man

vehicles

for police

combination of one/two

patrol service.

The

and makes

person vehicles

proposal

A

A

be formed to

committee of equal City/PBA membership
study and discuss such matters as

B

i

safety

ii

bargaining

iii

recommended implementation
man patrol

The

unit

impact

makes

Committee

of

the

combined

one/two

recommendations

effective

to

the

Commissioner of Police.

C

The Commissioner
six

6

months

man

man/two

D

Unresolved

vehicle

the

give

prioj to

PBA and

safety

Committee

at least

implement the

and/or bargaining

terms and conditions

the Taylor

the

his intent to

one

system.

matters involving

as they affect
by

will

notice

Law may

of

unit

be submitted to

impact

as defined

employment

arbitration

interest

by

implementa-tion.
either the City or the

Position

Buffalo

exclusive

respond

remains one of a group

reliance

to

all

prior to the

Commissioners

of the City of Buffalo

on two-man

wherein dispatchers

r

PBA

the

cars.

give several

calls

calls

of

This

to

major

cities

that

maintains

system has led to stacking

one

unit.

Officers

because of the lack of time.

may

not

almost

of

calls

be able to

 30
The

state of the

fiscal

services and

a

Position

use of police

of the Police

The PBA avers

that

the

City

vehicles ...i

concept
The

a

PBA

demands

Buffalo

man

use of one/two

well-planned

and effective

efficient

City of

unclear

procedure

believes

that

Citys proposal

whether ...th City

is

is

a

issue

should

unclear.

will

It

enhance

Brief

states that

combination

that

asking

or an implementation

the

vehicles

use of

efficient

p.

the

28.

Association

wishes to ultimately establish

is

more

services City Post-Hearing

Benevolent

that the

a

PBA

of

this

be deferred

to

the

man

one/two

panel

Post-Hearing

clear

it is

a

approve

Brief

next

p.

701.

round

of

negotiations.

Discussion on One Man Patrols

The report

submitted by the International

recommends one/two person
efficiency

flexibility

one-person/two-person
Panel heartily endorses

as

officer

safety

proposal as

it

is

the

The Citys proposal

concept
are

of Chiefs of Police

by the City regarding

the

aspects of a change to a combination of

patrol vehicles

concerns

written

The arguments

patrols.

and cost-saving

Association

of

met.

is

impressive.

one/two

This Public

Arbitration

person patrol vehicles so long

However

it

cannot

award

the

Citys

because of the immense problems of implementation.

would

permit the implementation of the system within

six

 31

and

months

and

any

resolved as they

problems flowing from

all

it

severe

be

implementation

arise.

As tempting and reasonably rational
with

that

as that

For example the City

limitations.

proposal sounds

it

carries

arguing for the proposal

in

Depart-ment

states

Operating
have

to

strongerfield

field

one-man/two-man

a

superior

a

dispatch

patrol

discipline

done

a

unfailing

move

complete

3

will

the

require

back-up

procedures

and officers bettertrained

supervision better equipment

procedures. Properly

system

to a

5 years

in

police

one-person/two-person

Post-Hearing
patrol

system could take three

Brief

The Association

total

changes
Brief

70.

p.

critical

officer

put

all

The

dispatchers

in

preceded

is

clear

safety...

report

prior to

training

the

actual

f

City

better

vehicles

implementation

as

of July

22

be

part

of

PBA

of

package

a

Post-Hearing

CAD

system

must be purchased

is

body

and other items must be provided.

The

of

one-person patrols must

of certain

actual

impact on terms and conditions

impact should be anticipated

letter

system must be done-with

implementation

by careful planning the acquisition

substantial

accomplish

goes on to state that the new

then

must be trained

that

patrol

Conversion must

proper training of particular personnel.

some

to

Jerome Needles

that

one-man/two-man

place

armor batons support
It

informsthe Panel

that the

for

regard

five

29.

p.

1991 cautioned

to

types of equipment

and

will

have

implementation
of

be

employment and such

thoroughly as possible.

 32
The

the

But

concept

issues

of a

and problems

in

implementing the plan are so complex

committee suggested

by the City

is

an excellent

because those issues and problems are so complex

this Public

Arbitration

Panel

Commissioner with the

The

Public

endorse

to

to

ability

Arbitration

the

it

Citys proposal

implement the procedure

Panel

endorses

is

the

concept

at

suggestion.

not possible

to

his

that

provide

for

the

will.

of

one-person/two-person
AWARD
patrol

vehicles and makes

the following

Associa-tion
A

Committee

of equal City of Buffalo/Police
Benevolent
is to
be formed to study and discuss such
membership
unit impact
and other items
matters as safety bargaining
a

regarding
total

shift

number

of

one-person/two-person patrol vehicles. The
is to be mutuallydetermined by the City

to

members

and the PBA.

The

Committee

make

shall

recommendations

effective

to

the

Commissioner of Police.

imple-mentation
The

City

and the PBA
of

shall

a timetable

negotiate

OTHER
The City of Buffalo withdrew

its

ISSUES
proposal regarding

Other issues presented to the Public Arbitration Panel
evaluated and rejected

PBA

Sick

PBA

Longevity

are

Leave Incentive

City Reporting

for the

one-person/two-person patrols.

PBA
Time

the

following

PBA

Sick

Reporting

Uniform Allowance

Leave Abuse

City Health

Insurance

Union Release Time.

which

Time

were examined

PBA

PBA Dental

City Overtime City
City.

All

Vacations

Coverage

Seniority

other provisions

and

 33
language

contained

specifically

modified

the

in

in

Agreement

are

hereby

continued

except

as

this Award.

submitted

Respectfully

Q
Date

Ys

2.5

IQ4

Z

Peter

A. Prosper

Public

I

concur

do

not concur

with

the

Panel

Member

and Chairman

Above Award

Date
Joseph

L.

Employer

RP7-I
concur

Date
l

with

the

Randazzo

Esq..

Panel Member

Above Award

a 5 /%9a2-

aw
Robert

P.

Employee

Meegan
Organiza

_.

r.

Pan

mber

 34

STATE OF

NEW YORK
SS

COUNTY OF

On
known

to

day of

this

came and appeared

personally

me to

1992 before

JOSEPH

be the individual described

instrumentand he acknowledged

NEW YORK
COUNTY OF @ZlP-

to

me

RANDAZZO

L.
in

and who executed
he executed

that

me

me known and

to

the

foregoing

same.

the

STATE OF

On
to

2-5ck-

this

day of

came and appeared

personally

known

SS.

me to

ROBERT

be the individual described

instrumentand he acknowledged

to

me

MEEGAN

P.

in

that

and who executed
he executed

i...f

oYate
i

Mr

STATE OF

NEW

COUNTY OF_

1992 before me
JR. to me known and

Ca.a.

nJn

in

Edx

c

iIN

foregoing

..

Cc--.I
Nov.

Expies

the

same.

the

21

ORK

SS

4

B
On
personally

this

_Q.

day of

came and appeared

PET

RSPER

to

1992 before me
known and known

me

me to be the individual described in and who executed
instrumentand he acknowledged
to me that he executed the
to

the

foregoing

same.

wTA

tb1POOL
craee

k

FO
MIA
$Ive

or

491/z

iftw

CAW
711

r
tyQ

 Contract

Settlement
(dated April 11, 1993)

July 1, 1992

through

June 30, 1995

CONTRACT SETTLEMENT BETWEEN
BUFFALO POLICE BENEVOLENT ASSOCIATION
AND THE
CITY OF BUFFALO

1

AGREEMENT

2

WAGES
07/01/93

DATES.

-

1

July

2%

1992

thru June

across-the-board increase

30

INC.

1995

rolled into

the

base.

06/30/94

-

time
10.5%
based on annual
reporting
effective
rolled
in the base.
06/30/92

-

2% one time productivity stipend paid based on
base pay as of July 1 1993.

-

2%

across-the-board increase

rolled

salary

into

the

rolled into

the

base.
07/01/94

3

MONETARY

1

5% across-the-board
base.

-

increase

CALCULATIONS

Hourly Rate

-

Divide
the annual
salary by the number
of
in
the
work
regular hours
year.
Calculation of hourly rates consistant
with hours worked per year and the FLSA.

-

Hourly rate will be used for calculation
of all payments
such
except
overtime
as

2

Overtime

3

Twenty-six

Rate -

26

Court

Time.

Hourly rate plus add-ons
differential times 1 1/2.
equal

paychecks.

such

as

shift

 4

OF WORK

HOURS

1

hours
of daily work
shall
regular
for interruptions
for lunch.

The

be

consecutive

except

2

Unit

members

shall

be

to

assigned

the

following

schedules

a

Unit

Working

Members

in Precincts

and

Consolidated

Divisions
4

on

4-3

followed

on

4

by

schedule.

b

off

3

followed

4-3

by

off

4

on

4

--

ten

10.

4-4

off

3

10

hour

they U its.
it titles
All other
n t addressed
a
1 Frauds
ve inciud
g but not li ited to Spec
Cor espondence
nd Extradi
Internal
Affairs
Admi
stration an
the Detecti
Bureau
de ectives
cts or conso dated div
not w
king in Prec
ions
shall
rk
a
5our
5-2
5-2
4-3 8
schedule.

on

4-4pg
0

2

n

p

mentat

Imol

t
eight
three

c

8

our

as

of

/9

.100

Consolidated
City may
remaining
wos we.sd

dy

.2

a9e4a

Other

d

In

43

01/01/95

Precincts

61

Implemen
schedul

gee/ow

Schedule

1

52

ation o
the 4
34 4-3
and
a
schedules
11 occu
not la er than
hou
ificat
month
following
n.

10

4

10

4-4

consolidate
Precinctsy
fo 9111714

s

of

the

PBA
shall
consolidation

left
schedule.

hour

over
The

at its discretion
any
of 01/01/95.
inpkcnftfii

Qy

ag..s.en

5-24 4-32

Units

consideration

and

Divisions

4-3

aforegoing
with
the

8

hour

//Yf
schedule.

schedules

the

in
its
cooperate
City
efforts.
the
PBA
Accordingly
shall have a standing
president
or his designee
invitation
to
all
committee
where
meetings
discussed or implemented.
consolidation
is planned
send
the
The
to
PBA president
Department
agrees
notice
of
occurrence.

.

Ses

any

such

a.T7acxnke/f

meetings

c4

in

advance

of

Ipe.s4Ale

their

 5

SHIFT

TINES

645
400
900

am

to

pm to
pm to

445
200
700

0645
1600
2100

pm
am

am

- 1645
- 0200
- 0700

in scheduling
The Commissioner shall have flexibility
8 hour
shift personnel
first shift
assigned
to headquarters
by scheduling
to begin
no earlier than 0600
employees
hours consistent
with current practice.

6

hours

or

later

than

1000

SHIFT BIDDING

Unit members within each Precinct Department Unit Division
shift.
in determining
or Section shall bid on an available
Bureau
the placement
of unit members regarding
shift preference
seniority
will be determining factor.

1

The

2

The

Commissioner of Police or his designee may set and
adjust manpower levels
on all shifts and within
annually
the aforegoing
all departmental
units.
Notwithstanding
more
manpower levels may be adjusted
frequently due to
circumstances.
exigent
the
the PBA
between
current
City and
agreement
officers shall
regarding the assignment of Probationary
continue.

7

DELETE

2.4

REPORTING

TIME

and

replace

with

the following

time paid for the 1992-93
value
of the reporting
contract
- 06/30/93
shall be rolled
into the schedule
07/01/92
year
effective
of ten
and one-half
07/01/93
at a value
10 1/2
The

percent.

8

PERIOD

BRIEFING

5

The
first 15 minutes
of each shift
time noted
in
above
shall
be designated
as briefing
times.
Employees must be
time unless
otherwise
excused by
present
daily for briefing
their commanding
officer.

9

OVERTIME COMPENSATION
Whenever
is required to
represented
by the Union
any employee
remain on duty or report
for duty in excess
of a regular work
shall be compensated
at the rate of time
shift such employees
and one-half
of the
1/2 for the time worked in excess
work
shift.
regular

1

overtime

shall
consist
of all work
in excess
performed
hours in any eight
hour tour
of
duty or
eight
of ten
hours in any ten
hour tour of duty
excess
in excess
of forty
hours per week.
Overtime
shall
earned
in multiples of fifteen
minute periods.

8

10

8

40

15

10

of
in
or
be

 10

OVERTIME PROCEDURE

1

2.6
Article II Section
consolidated divisions.

2

Unit members who utilize
sick and/or IOD time shall not
overtime
when all other
be eligible to work
except
for a fourteen
overtime procedures
have been exhausted
The
14 day period from their return from such leave.
is a -rolling period which is
14 day period noted
above
calculated upon return following
use of sick and/or IOD

shall

be

amended

to

reflect

time.

11

1

Court Time shall not be paid to any
the union in a proceeding
for the

2
12

officer

Unions

subpoenaed by
interest.

in full uniform or with a sport
Employees must appear
coat dress slacks or suit and tie or the equivalent for
female
Police
in court.
officers for any appearance

MIGHT SHIFT DIFFERENTIAL

1
/

TIME

COURT

13

II

Revise Article
shift times.

Section

2.11

to

reflect

change

in

VACATIONS

l

Employees hired by the City before July 1 1984 and who
have been an employee
of the City for at least
one year
vacation
shall
be
in
each
calendar
granted
year
to his/her
of service
corresponding
years
pursuant to
Schedule A below.

1

8

Completed

Hour Schedule

Years of Service

Weeks

1-4

2

0

5

3

0

6

3

1

10
15
16

7

3

2

17

8

3

3

18

9

3

4

10
11
12
13

4

0

4

1

19
20
21

4

2

22

4

3

23

4

4

24

5

0

25

14
15

and

2

over

In those

Days

Tours

Schedule
Tours

80
120
128
136
144
152
160
168
176
184
192
200

8.0
12.0
13.0
13.5
14.5
15.0
16.0
17.0
17.5
18.5
19.0
20.0

is entitled
to less
where an employee
in accordance
with the above
tour
schedule
employee shall be entitled to take the said hours as
vacation time in half units.
than
such

a

situations

10 Hour
Hours

full

Hours
80

.12
130
135
145
150
160
170
175
185
190
200

 3

Employees hired by the City on or after July 1 1984
be granted vacation
shall
entitlements pursuant
to the

Completed
Years
of Service

B

schedule

following

Hour Schedule

8

Weeks

10

13-

2

1

5

6

2

7-

9

3

10
15

40
80
120

20
25

160
200

10-15
16 and

4

over

4

5

Revise Section

4.3

Schedule

Hour

Hours

Tours

Hou

Tours
4

1

8

f

12

12
16
20

if
2C

fproratedl

12

not complete
month
a full twelve
employee
shall be entitled
to a pro rata share
employee
of his/her vacation
entitlement
pursuant to Schedule A or
the total number of months
B above
computed
by taking
worked
over a twelve month period
dividing
by twelve
and
it
times
vacation
his/her
multiplying
to the nearest
half.
entitlement as rounded
Should

year

an
the

12

5

Revise Section
The

a

instances

allow

vacation

carryover

in

the

follow

which

commissioner
or
an
requiring
requesting
to forego
scheduled
vacation in order that
employee
said department
and maintain
adequate
may provide
service
to the public.
The

b
6

Carryovers

Commissioner shall

specific
l

4.4

An employee
duties.

Revise Section

being

4.6

injured

Weekly

-

in the

Vacation

discharge

WV

of

his

Days

Annual
4.6
Use of Sinale
a
s
IA-VI Days
Employees
may use at his/her
option
up to
single A-V days
for ten
hour employees
ten
single A-V days for
hour employees
eight
one at a time durq
11_eyM
months
of June July and August. A These eight f4361-ten
individual
in addition
to any
days
may be taken
scheduled
other
summer vacation
provided
they are not
in consecutive
units.
The
taken
current
procedure as
and granting
of such single
applied
to the application
A-V days shall continue.

10

8

10

M

10

7

Revise
a

.

ten

the

10

entitlement
vacation
hour work
schedule.

chart

to

correspond

with

G-rrbY

 14

RICE

AND INJURY

1

Delete
the
contract

H

following

1

In

provisions

instances

3

of

from

disability

the

expired

due to

illness

which lasts three
shifts or less an employee
may
return to duty without the written certification of a
is given by the employee
physician provided notification
to his Captain.
In instances
of disability due to illness
2
which lasts more than three
shifts an employee must
of a physician
obtain the written certification
and/or
the Department
before that employee
may return to
surgeon

3

off-duty
duty.

3

In instances
of disability due to an
or accident
the employee
must obtain written
certification
of
the
a
physician
and/or
Department
that
to duty.
This
surgeon before
employee
may return
requirement
may be waived by the Commissioner of Police
injury

of

his designee.

I

be the responsibility
of the employee
monitor
accurate
account of
his
and
an
sick leave entitlements.
who request
current
Employees
and receive
sick leave
in excess
of their entitlements
shall
have
number
of
hours
deducted
in a
equal
an
to

It
maintain

subsequent

shall

pay

period.

J

All absences
due to illness are to be reported
the Commissioner
of Police
or his designee
on
or
before
the
first
such
and
the
day
of
absence
Commissioner may require reasonable
of illness.
proofs
failure
In the
event
of
a
to comply
with the notice
in this Article the employees absence may
requirements
be considered
leave.
Abuse of sick leave
as unauthorized
to

privileges

2

Replace

the

may

be

above

cause
deleted

for disciplinary
provision

action.

with

the

following

provisions
for sick
will
be
leave
eligible
only when
from an illness or off-duty
would
injury that
of their duties.
prevent the performance
Employees who
misuse or abuse sick
leave privileges
to
may be subject
action.
disciplinary
Employees
suffering

All absences
due to illness or injury are to be reported
on or before the
to the
Commissioner
or his designee
first day
of
such
and
the
Commissioner may
absence
of illness or injury.
In the
require reasonable
proofs
event
of a failure to comply
with the notice
requirements
in this Article the employees absence
may be considered
as
may

unauthorized
leave.
Abuse of sick
be cause
for disciplinary
action.

leave

privileges

 3

on Sick
Obligation of Employee
Home
or in Place of Confinement

A

to
or IOD Leave
- Shift Only

Remain at

Unless

authorized
the
commissioner
or
by
member
of
a
designated
representative
Department on sick or IOD leave will not leave
residence or place of confinement except for

1
2

medical

obtaining professional
performing exercise

his

the
his

treatment

prescribed

in

writing by

his

which
is part of his recovery
physician
of which must be submitted
treatment
a copy
to the Commissioner or his designee
prior to
commencing such exercise.

B
C

Permission to leave
than
cited
above
Commanding officer

the residence for reasons other
must
be
documented
the
by
or IAD.
Duty Officer

IOD
employees
on
an unchallenged
leave the
Commissioner may grant a waiver of confinement for
all
of
such
leave.
The
Commissioners
or part
determination shall
be
made on
a
case-by-case
For

basis.

15

NOTICE
Employees who anticipate being absent from work due to injury
effort to give notice to
or illness must make every reasonable
their commanding officer asfar in advance
as possible prior
to the start of their shift time.

//

16

COURT TIME WHILE ON SICK LEAVE

OR

IOD

Officers who while on sick or IOD leave status are required
by the City the District Attorneys
office any court or
administrative agency to appear
for any reason which relates
action
to an incident
or event
involving the officer acting
within the performance of his duties as a Buffalo Police
Officer not while employed
by another
employer must appear
Such
officer
shall
be
considered as
if medically able.
the officer
to court time.
working on such
entitling
If
the officer is medically
unable
to
reasonable
appear
advance notice of such
fact must
be given
to the authority
requiring his/her presence.

days

17

PEBXZCT

ATE

CE

tage
Officers who

INCENTIVE

see

2

attendance
for each
two
have
had perfect
with July 1 of each contract year
period beginning
i.e. have not taken any sick or IOD time shall receive on
or before June 30 of each fiscal year eight
hours credit
for each
such
two
month period.
The officer may either
take the credits in cash or at his/her option
may bank the
entire credit amount.
who elect cash shall be paid
Officers
rate.
at
the
then contractual
Officers who
straight-time
elect to have such credits
banked may cash them in at the time
of retirement resignation or death
at the then straight-time

month

2

rate.

8

  

Cugali Award

(dated April 25, 1995)

July 1, 1995

through

June 30, 1996

STATE

OF NEW

CASE

YORK

EMPLOYMENT

PUBLIC

IA

In

95-020

The

RELATIONS

BOARD

M95-165

Matter of Interest

between

CITY

A

Arbitration

W

-

ARB

OF BUFFALO

BENEVOLENT

TRAT

I

AND
ASSOCIATION

0

P

I

N

APPEARANCES

For the

PHA

James Schwan
Esq. Spokesman
Economic
Consultant Witness
Joseph J. Madison
Edward Fennell Government
Finance
Consultant Witness
John Juszkiewicz PBA 1st Vice President Witness
PBA Recording
James F.Cudney
Secretary Witness
W.

For the

City

Peter J. Hurtgen Esq. Spokesman
James N. Schmit Esq. Spokesman
Honorable Anthony Masiello Mayor
Witness
Barbara Slominski Asst Director
of Labor
Relations Witness
of Budget
James B. Milroy
Director
Witness
retired Witness
Joseph J. Tanzella Commissioner of Assessment

For the

R D

0 F

- and

BUFFALO POLICE

A

Panel

Samuel Cugalj Chairman
and Public
Panel Member
Panel Member
Borman J. Stocker
Public
Employer
Robert
P. Meegan
Panel
Jr. Employee Organization

Member

I

0 N

I

ON

 PEA which

the

sessions
of

with

PERB.

referenced

rejected

held.

were

Impasse

Board

latter

The

class

New

action

1.

The

Agreement
February
2.

30

did
to

to

violate

the

its

As

a consequence
of the Citys failure
it may not compel
negotiations
on
for modifying
the 1992-95
agreement.

for changes
forthwith
on

3.
Negotiations
shall camaence

date

to

Eischen

28

1995.

of

Award
On

State

if

reported.

The

September

11

3

member

Hearings

were

made

1995

basis

of

on

discuss

the

proposals

procedural

before

by

filed
and

23
a

28
of

and

Panel
New

York

on

to

Panel

Hearing

Arbitration

Eischen

requirements.

the

The

3

Panel

this

their

December

The

was

progress

designated

record

with

held

Arbitration

resolve

to

members.
prior

Interest

August

requested

were
No

6.

PERB

on

again

sessions

for
12

Court

PBA

September

stenographic

Panel

the

the

121

Exhibit

Supreme

1995

October

A

and

State

Petition

on

1996.

of the 1992-95
Agreement
submitted
by the PBA

Joint

and mediation

PERB

August

to

November
impact

31

and

held in Buffalo

23

above

ruled

Bargaining
that contract

modify

provisions

the

in

Arbitration

available

Session

Laws

on

PRA

and on January
was

27

from

Public

the

to submit its proposals
in a timely
its February 27
1995 proposals

in the

any

the

confirmed

July

Mediator

submit

1995.

16

January

was

mediation services
a

Relations

arbitration

Collective

Referenced

The

to

this Arbitrator

1992-95

Declaration

a

Employment

expedited

proposals

negotiation

1995.

manner

under

No

filed

agreed

1995

submit

PBA

Public

thereafter

June

City of Buffalo
when
it ailed

untimely.
the

State

grievance

On

17

being

1995

York

parties

Arbitrator Eischen.

7

March

On

the

as

27

of

met
on

28

1995

proceedings
in Executive

December

Award and

determined

three

impasse.

and

the

on

the

the

27

to

Taylor

CITY

was

 from

precluded
year

because

jurisdiction

Arbitration
Taylor

two

also

2

Ii

to

CITY

Panel

19 21

in

argument

Briefs

Hearing

the

its

Interest

b

205.5

issue

of

no

of

the

1

one

a

The
or

and

were

were

They

were

to

5
the
in

engage
the

given

postmarked

CITY

opportunity
on

positions
and

witnesses

full

given

material

five

Exhibits

their

both

extensive

open
their

opportunity
the

by

agreed

5.

independently
then

extensively

arguments

of

support
and

Joint

parties

cross-examination.

members

25

the

submit

determination.

received

7

The

evidence

of March

transcripts

Panels

brief

not

first

had

Panel

to

Section

the

Panel

seven

PBA Exhibits.

Post

upon date

the

Briefs

introduce

file

did

the

herein.

Hearing

and

to

the

response

under

with

parties

which
CITY

9/26/95

disagreed
the

the

required

Hearings

10

b

its

as

Award

Eischen

at least

for

proposals

and

in

award

examination
to

the

PERB

directed

present

items

alter

the

including
ten

to

The

year

At

and

a

Petition

Law.

Panel

of

to

proposals

its

presenting

and

28.

the

evidence

view of satisfying

The

reviewed

met

Panel

in Executive

fully

submitted

Section

209.4

the

Exhibits
Sessions

discussed
and

iii

and

on March

the

merits

structured

this

through

vi

of

the

Hearing

of

4

their

AWARD
Taylor

in
Law

as
follows-

v

the public
arbitration
shall
make
a
panel
just and reasonable
determination
matters
in dispute.
In arriving
at such
determination the panel shell
specify
the basis
for its findings
into consideration in addition
to any
taking
other
relevant
factors
the following

the

a.

comparison
of
involved

employees
conditions

the
in

hours and conditions
of the employment
of the
arbitration
with
the wages
proceeding
hours and
of other
similar
services
or
employees
performing
under
similar working
conditions
and with
other
employees

wages
the

of

requiring

employment
similar skills

generally

in public

add

private

employment
4

in

comparable

communities

 b.

the

interest

and

welfare

of

the

and

public

the

financial

ability

of

the

public

pay

to

employer

in regard
to other
trades
or professions
comparison
of peculiarities
hazards
of employment
physical
qualifications
Including
specifically
mental
educational
qualifications
qualifications
job training
c.

1

3

2

4

5

skills.
d.

the

terms
for

providing

of
provisions
tospitalization

vi

the

upon
such

the

in the past
negotiated
between
the parties
agreements
to the
and fringe
benefits
including but not limited
retirement
benefits
medical
and
insurance
and

of

collective

compensation

salary
benefits

time

paid

and

off

job

security.

determination

of the public
arbitration
shall
be final
and binding
panel
but in no event
shall
for the period
prescribed
by the panel
parties
termination
date
of
collective
exceed
two
from the
period
years
any previous
then
for a
or
if
there
is
no
previous
collective
bargaining
agreement
bargaining
not
to
period
determination
or

other

exceed
shall

two
not

from
the date
of determination
years
by the panel.
of any local
be subject
to the
legislative
approval

municipal

A

-

ISSUE

The

ARTICLE

term

of

Such
body

authority.

Term

XXVI

this

WAR

of

Contract

shall

Agreement

D

be

from

7/1/95

through

6/30/96.

ISSUE

1

a

-

ARTICLE

II

SECTION

Effective

7/1/95

increased

by

Effective

1/1/96

date

shall

be

two

2.1

Salary

the

1994-95

2%

percent.

the

wage

increased

by

5

wage

schedule
one

1%

schedule

in effect
percent.

shall

on

be

this

 ISSUE

3

-

ARTICLE

DEMAND

ISSUE

5

-

ISSUE

6

SECTION

2.11

XI

SECTION

11.1

XX

Group

Shift

Night

Differential

DENIED.

ARTICLE

DEMAND

II

b

Settlement of Disputes

DENIED.

- ARTICLE

A

A $25000

B

An additional
accidental

C

A maximum payment

payment

Insurance

Life

the

upon

$25000

of

death

$10000

insured

cause

for limb

death

is

dismemberment

to

providing

this

D

A $5000

payment

upon

the

death

E

A $2500

payment

upon

the

death
of each dependent
child
to age nineteen
19years
for a full time student.

from
or

A

F

of

in the

7

-

ARTICLE

14

of

DEMAND

policy

the

current

SECTION

spouse

days

23

premium and conversion

XXI

current

coverage.

age fourteen
to age twenty-three

waiver

payments

privilege.

These
are
to
be
effective
May
changes
insurance
is not put
out
for competitive
coverage
1996 if coverage
is put out for bid.

ISSUE

of

according

a

of

the

if the

payment

schedule

of

21.7

DENIED.

6

Health

and

1

1996

bid

Dental

or

if

this

June

Coverage

1

 ISSUE

8

-

ARTICLE

Amend

A

XXIII

Effective

July

completed

one

to

- There

-

11

13

1

1995

- ARTICLE

DEMAND

C

and

D.

New

-

Incentive

years.

B

in sub-sections

change

XIX

Uniforms

III

SECTION

and

Equipment

OPINION

FILED

BY THE

OTHER
ISSUES
NEGOTIATIONS
ARE

ALL

OF

3.2

Holiday

Pay

DENIED.

INCLUDED
AS PART OF THIS
THE EMPLOYEE
ORGANIZATION

TERM

25

maximum of twenty-five

DENIED.

ARTICLE

-

a

has

DENIED.

DEMAND

ISSUE

follows

1

is no

Education

DEMAND

ISSUE

as

each permanent
who
employee
shall receive
year of service
in addition
to their salary seventy-five
annually
$75 longevity payment for each completed
year of

Note

10

A

Paragraph

service

ISSUE

Longevity

THIS

A

AWARD ARE -ADDENDUM
SUBMITTED
REPRESENTATIVE AND A DISSENTING

EMPLOYER

REPRESENTATIVE.

AND DEMANDS

AS

HEREBY

AND VOID

BROUGHT
UP
CONSIDERED
NULL

AGREEMENT.

f

7

PART

OF

THESE
FOR THE

BY

 STATE

OF

COUNTY

On

YORK

NEW

OF

ss

ERIE

this

individual
and

he

before
day of April 1996
to me
known
and
Cugalj

Samuel

appeared

described

acknowl

in
me

ged

CUGALJ-Public
Panel Member

and

nd

who

that

executed

he

executed

me personally
came
known
to me
to be

and
the

instrument

the

foregoing
the same.

Chairman

Concurs
KAREN
NOTARY

R.

PUBLIC
in

Mt

STATE OF NEW YORK
COUNTY OF ERIE

KOVACEVIC
state

Ede

of

New

Yale

County

39.r

Commis

ss

On this
of April
before
me personally
and
day
1996
came
Norman
J.
to me known
and known
to me to be the
appeared
Stocker
individual
described
in and who executed
the foregoing
instrument
and he acknowledged
the same.
me that he executed

to
NNRMAN J.STOCKER

CM
Dissentsorwewsoa
Panel

Employer

Member

CAROL

7/98

STATE

OF

COUNTY

On

NEW YORK

this

Robert
appeared
the
individual
i

rv

ROBERT
Employee
Concurs

ss

OF ERIE

ent

P.

and

before
and
day of April 1996
me personally
came
Meegan
Jr. to me known and known to me to be

P.

described
in
he ackn
edged

and

who

to me

that

executed
the
foregoing
he executed
the same.

ELAN

Organizatio

P

Member

MARIETTAADYMY
g

nrEaiw.aw.wYalt

 CHAIRMANS

In
into

account

the
the

its

-

the

the

inception

2

least

two

these

negotiations

PBA believes
its

The

are

2

additional
finances

award

year
and

placing

operations.

off

take

of

209.4

summarizes

or

negotiated
unit

has

proposal

to

that

argued

interest

been

for

CITY

the

at
in

Furthermore the

the

CITY

from

1

year

AWARD

advancing

period.

a

there
as

CITY needs
put

They

proposal.

year

that

table

the

would

year

that

bargaining
issues

every

Award precluded

argue

below

agreement.

initial

2

is

did

rationale.

bargaining

PBAs

2

two

Panel
Section

discussion

Law

this

two

position

They
the

a

Eischen

for a

CITYs

critical
year

was

under

Panels

year

Taylor

The

years.

appropriate.

return to

the

the

Contract

2

two

involving

the

proposals

of

the
the

and

Term

a
of

award

arbitration

issue

parties

PBA sought

AWARD

preceding

responsibilities

each

XXVI

ARTICLE

The
since

For

of

positions

ISSUE

statutory

Law.

Taylor

the

determining

OPINION

They

is

soon
to

these

additional

one
a
as

for

possible

discuss

with

critical
and

the

the

because
the

there

A

PBA.

strain
Eischen

to

parties

discussions

unnecessary

interpret

9

need

most

is

for
on

two
an

CITY

Award

as

 denying

the

CITY

from

for one

1

year.

compelling

A Panels majority
the

to

with

collective

The

initial

of

bargaining

CITYs

bargaining for two
the

CITY

no change
are

cannot

quality police
Panel

majority

competing

These

2

to

to

is

years

of

it

from
has

parties.

t

10

the

for the

PBA

to

collective

windfall

in

terms

Effective
The

a

hand

other
of

police

having

services

maintenance

of

force.

A

police

balance

a

and

operations

the

struck

for

problems

access

motivated

and

Buffalo

years.

life.

and

to

On

of
a

needs

response

their

more

encourage

harsh.

PBA.

is

to

in a windfall

2

return

collective

mutual

untimely

CITY

a

to

This

budgetary

overly

quality

on

proposals

need

interest

impacts

expect

stem

the

two

the

for the

believes

objectives

for

deny

CITYs

services

result

problems

realistically

the

its

undergoing

in wages/benefits

critical

not

the

emphasizing

public

in

proposals

and

Law

possible

should

are

reasons.

the

their

possible.

as

Taylor

oversight

CITYs

units

in

where

municipalities

variety

the

to

weight

soon

of

also

proposals

the

denying

other

intent
is

greater

as

bargaining

problems.

by

the
It

bargaining.

PBAs

table

bargaining

consistent

gave

on

negotiations

between

the

 ISSUE

ARTICLE

-

1

The

index

change

Tonawanda

and

while

forty-one

staffing

of

The

They

$63.7

in
one

aid

State

The
as
the

in
PBA

believes

CITYs

is

a

reach

years.
unit

bargaining

in

895

from

3.3

these
to

years

decrease

Meantime

claim

of

from

1988

to

directly
they

one

one

current
impacting

point

hundred

is

a

state
the

11

$57.1

reality

out

that

thirteen

there

since

million

the

CITY
the

property
has

valuation

to

inability

including

CITYs

assessed

l

an

annually

from

by showing

total

filling

increased

this

5

take

officers

increased

the

alleged

below

believe

134.

CITYs
has

aid

However

communities

in

the

Federal

1992-94

depressed

increase

thirty-four

PEA counters

communities.

C

hundred

average

increased

department

million.

most

as

the

Hamburg

Cheektowaga

on

result

unit.

comparable

They

ninety-five

bargaining

Their

offers

living

increase

schedule

Rochester.

not

police

of

of

police

is

cost

years.

communities

The

hundred

eight

believe

between

City

CITY

1041

productivity of the

to

the

the

wage

Amherst

$4400

vacated.

being

thousand

113

the

2

two

comparable

argues

6%

six

of

to

to

equal

Furthermore it takes

PBA

civilians

of

and

$2200

maximum wage

positions

a

Towns

Seneca

are

or

each

the

West

comparisons.

The

in

include

wages

2%

higher

Salary

2.1

increases

wage

two

plus

is

communities

the

SECTION

PBA sought

whichever

PEA

II

tax

been
over

a

pay.
and

1991
to
shares

with

comparison
base
fifty
the

is not

50%

last

ten

 10

The

period.

year

shortfalls

budgetary

PBA

by

discounts

showing

of

pattern

a

CITYs

the

of

predictions

similar claims

by CITY

end-of-fiscal

officials in

fund

year

The

CITY
to

unable

a

two

80.2%

at

Syracuse

forced to

Syracuse
The
of

The

CITY

of

CITY

sales

its

on

positive

tax

$18482

is

While

They

than

revenue.
Rochester

base.

Not

of

tax
the

latter

and
1989

is

Syracuse
household

$22785

reported

at
and

Buffalo

argue

Median

is

68.3%

at

Rochester

CITY

revenue

Buffalo

Rochester

limit.

aid

because

Syracuse

are

State

45%

property

revenue.

tax

tax

forty-five

limit

taxing

declining

on

they

argue

property

depends
and

tax

sales

of

but

property taxes

less

CITY

list

of

comparable

Cheektowaga

Tonawanda

Niagara

other

cash

group.

and

Falls
base

average

believes

comparison

a

They

declining

Rochester

county

more

CITYs

1994-95

including

by

and

$21242.

Amherst

Syracuse

The

than

51.1%

the

at

and

declining

exempt.

it receives
in

income

base

because

constitutional

rely

followed

increase.

increases

extent

its

be

salary

deficits

greater

of

because

such

tax

greater
share

no

property

is

property
to

offers

budget
the

is

to

only

balance.

pay

continuing

only

past

the

wage

payments

these
The

the

communities
and

Erie

County

for

PBA

increases

averages

the

12

cities

the

salary

of

Sheriffs

members

compare

maximum base

includes

average

is
to

favorably
in Amherst

the

towns

Rochester
Department.

$42979

and

$53528.
with
is

The

their

$39679

 $42229

Cheektowaga

The

$36484.
and

CITY

increased
As
work

the

within

rate.

number

of

the

while

is

department
as

Nineties

submitted

declined

four

believe

The

and

crime

other

statistics

98%

the
the

of

their
the

the

decline

of

civilians
of

PEA

in

of

1990

the

Police
has

population
census.

favorable

more

CITY

in

Buffalo

Association

since

vacancy

reduction

Policing

that

a

numbers

they

the

a

report

shown

in

experienced

for

4.6%

have

CPI

argues

24%

in

argues

six-tenths

CITY

twenty-four

International

CITY

the

departments

has

increase

the

ninety-two

cumulative

a ninety-eight

PBA

the

the

PBA

the

compensating
in

by

IAPC.

Chiefs

the

The

recommended

personnel

all

increased

while

approximately

5%.

five

approximately
in

of

employees

of

Syracuse

37.9%.

maintaining

1984-85

decline

a

experienced

salaries

nine-tenths

argument

budget

From

base

$41753

Rochester

1986-95

from

staffing

their

PEA

and

thirty-seven
to

control

maintains

92.6%

six-tenths

$38625

Tonawanda

They

declining

pattern.

The

Panel

recommended

i.e.

the

Amherst

recommends

by

the

cities
Cheektowaga

still

meaningful

Town

of

and

Tonawanda

negotiations

a

Interest

Prosper
of

Rochester
and
its

and

Tonawanda.
use

which

comparison

the

using

provides
has

of

not

total

13

same

comparison

wage

Arbitration

Syracuse
That

Panels

continuity.
settled
annual

pay

in

Panel

and

group

the

1992

Towns

rationale
Excluding

its

1995

base

of
is
the

police

longevity

 shift

differential

below Rochester

21

Step
group

wage

$3300

is

$4104

1995

average.

in

improvement

overall

CITY

The
the

and

work

load
in

of

show

This

police force

which

the

this

of
CITY

other

and Federal

$4185

the

comparison

but

the

$3100
At

below

is

the

group
the

for

by

tempered

of

is

to

in

too

one
the

supports

of

CITYs

top

incidents

meaningful.
levels.

concern

need

trained

motivated

be

Syracuse

its

officers

available

crime

to

to

and

the

meaningful

Latest

modest

While
than

police

total

and

less

provide

herein.

Rochester
as

is

fewer

also

decrease

crime

highly

The

is not

maintain

a
to

responsive

community.
heavily
recent

trends

are

1991-95

not

past

aid

there

for the

encouraging

State

and

decreased

is

CITY

19.6%

0.8%.

credit

encourage

Aid in the

State

on

From

increased
its

crime

is

lightened.

officers

awarded

change

concern

that

aid

of

exceeds

not

personnel

modest

communities

To

continuing

and

Justification

has

police

changes

and

relied

little argument

of

department

a

but

high

surprising.

and

is

average.

group

exits

clearly

officers

police

identification

needs

AWARD

incidents

the

1993

to

Crime remains

The

CITY

for

statistics

publics

for

median

4.08%

Buffalo

comparison

settlements

number

high

justification

from 1992

for

the

other

continuing

crime

the

5

Step

below Rochester

and

this

at

finances.

decrease

decrease

that

below

wage

mean

3.67%

shows

and

Buffalo

averaged

etc.

CITY

the

housing

and

14

has

retail

been

persistent

development.

in

Major new

 home

construction

1000

homes

new

are

taxable

6/30/94

reassessment

modest

recent

at

grown

a

increase

Canadian

Prospectus.

Earlier

of

increase

1995

of

sales

million

State

$7.8

ending

Comptroller

1993-94

a

fiscal

billion

for

year

1995-96

it does

growth

revenue

the

trade

and

Sales

of

Tax

was

State
York

reported

that

was

reflect

separate

area

has

to

the

due

shopping

CITYs

the

million

$50

anticipated

million

$25

Buffalo

New

revenue
over

the

the

Western
it

$800000

received

in

rest

year

this

County

District

year

dynamic

tax

than

approximately

City School

fiscal

than

values.

rate

higher

From

from

to

reflecting

years

of

portion

increased

in property

growth

In

not

and more

$8.3

billion

$6.8

While

Prospectus.

increased

valuation

of

neighborhoods

Prospectus.

planned

property

Full

Report.

in many

is advancing

The

revenue.
from

an

CITYs

the

share.

The

Panel

year

starting

point

10

years

compare

the
that

as

normal
the

the

CITYs

outpaced

the

this

data

However

Some budgetary

time

of

have

period.

police wages

in

note

increases

police wage

10

took

ago.

More

cumulative
must

CPI

cumulative
a

ten

tempered

by

the

though

is

how

over

presently.
data

presented

by parties

are

routinely

transferred

course

of

business.

With

paid

be

importantly

funds

CITY

that

showing

$2.3

million less

15

to

that

for

the

represents
and
in

snapshot

from accounts

mind

PBAs

a

it

1995-96

is

in

noted

pension

 costs

than

budget

increase

in

for

some

are

of

6/30/94

and

$7

encouraged

by

this
While

CITY
the

has

herein

The
an

change

in

estimated

approximately
CPI

are

for the

the

This

is an

cost

of

the

area

was

that

will

combined
2.9%.

16

by

these

strong

in positive

$13.3

million

majority

was

disturb

this

not

challenging

is

It

is

very much

force

police

desired

$986715.

but

amounts

Panel

AWARD.

effective

or

acknowledged

resulted

A

AWARD

this

is

6/30/95

a motivated

to

important
wages

officials

environment

fund

maintain

made

It

No

canceling

However

6/30/93.

to

not

funded

million

financial

to

$75484
Buffalo

$10

pattern.

by

be

The

Finally

year.

control.

by CITY

million

wherewithal

interest

public

changes

with

the

exceed

the

898.

realized

expenditures.

managements

of

need

at

is

budgetary
be

in

million.

$2.9

staffing

can

that

accounts

balances

this

AWARD

and

controls

budgetary/financial

regularity.

lines

budget
to

fund

for

the

funding

budget

police

subject

general

is planned

-

while

officers

funds

undes ignated

million

$1

expenditures

unnecessary

reallocation
that

919

staffing

wherewithal

other

between

funded

budget

Unreserved/

budgeted.

estimated

were

current

the

were

and

the
in
the

objective.

two
With

increased

and

one-half

the
cost

FICA
is

2.5%
roll-up

2.69%.

The

 ISSUE

XX

-ARTICLE

6

The

PBA

seeks

officers

police

Life

Group

to

improve

$5000

from

accidental

death

spouse

insurance

from

$1000

Insurance

current

life

$50000

to

an

$5000

to

and

for

$50000

child

$10000

to

for

coverage

additional

$5000

from

coverage

insurance

for

$10000

limb

dismemberment.

CITYs

The

A
area.

Panel
Given
and

benefit
needed

nature

modest

of

cost

-

8

The
adding

cost

a

The

A
from the

to

ARTICLE

PBA

Panel

to

competitive

forward

received

cost

is
be

of

AWARD

the

$76571

effective

cost

in this

is

0.19%

or
in

this

keeping

a

of
the

one

1

position

PBA

Longevity

its

improve

majority

original

the

benefits

should

not

minimum.

XXIII

new step

CITYs

bidding

a

seeks

work

police
for

pay.

PBA were

the

Estimated

Competitive

additional

to

inability

believes

majority
the

an

improvement.

payroll.

ISSUE

pleads

full
is an

year

current
of

service

inability

supported

a

dented because

17

longevity

by

$100.00.

to pay.

reduced

they

at

schedule

were

longevity
not

improvement

competitive

with

 the

comparison

received
Buffalo
of

$275

was

this

less

change

than

improvement

the

Buffalo

years

and

annually

less

$320

6

After six

group.

the

by

is

$383285

at

year

Additional

group.

estimated

20

twentieth

comparison

officers

police

or

cost

0.97%

of

payroll.

OTHER DEMANDS

The

Arbitration Panel
denied

to

Education

some

include

of

by

Shift

Night

Plan-New
While

demands

following

these

them

the

were

PBA

also

and

Differential
Incentive
demands

had

of

this

as part

were

Uniforms

merit

Disputes

Equipment

and

overall

it was

and

Optical

Holiday

Pay.

inappropriate

AWARD.
Ltiu

April 25 1996
Buffalo
New York

cc

of

Public

evaluated

examined

Settlement

the

to

presented

Richard A. Curreri Director
Charles Leonard
Supervising

SAMUEL
CHAIRMAN

-

c7

i

CUGALJ
AND

PUBLIC

PANEL

MEMBER

of Conciliation PERB
Mediator
Buffalo
PERB

STATE OF NEW YORK
COUNTY OF ERIE
do
I Samuel
Cugalj
hereby affirm upon
as
my oath
Arbitrator
that
I
am the
individual
described
in and who
executed
the
enclosed instrument
as Chairman of this
Interest
Arbitration
Panel on
25 1996.

April
Arbitrator

Date

18

 ADDENDUM

A

Rate

111/96

17.75

19.19

20.63
22.07

22.87

23.66

23.92

25.55

27.35

29.27
32.21

Hour

1%

599.93

49769.07

53281.36

25.30

27.08

57020.70

62744.99

44554.49

46083.52

40180.94

42983.35

34586.17

37385.24

1/1/96

46

16.1.6.31792.1816.32..

Rate

17.58

19.00

20.42

711195

21.85

22.65

23.42

23.69

28.98

31.89

Hour

2%

243.74

015.09

34

37

7/1/95

31477.40

39783.11
42557.78

44113.36

45627.25

46138.55

49276.30

52753.82

56456.14

1 2 3 4 5
of
Serv.

Step

Step

Step

Step

Step

of
Examiner
Chief

Inspectors
Lieutenant

PhotographerDetective

Instructor

Detectives62123.75

Sergeant

Homicide

Officer

Officer

Officer

Officer

Officer

Radio
Captain

Administrative

Police

Detectives

Polygraph

Police

Detective

Dispatcher

AssistChief

of

Assist.
Police

Police

Police

Police

Police

Police

Police

Chief

Police

Chief

  

Rabin Award

(dated December 15, 1997)

July 1, 1996

through
June 30, 1998

State of
Public

New

York
Board

Relations

Employment

between

Interest Arbitration

City of Buffalo

and

Buffalo

Benevolent

Police

No. IA96-035

Association

M96-297

Before

Robert

J.

Public

Rabin

Edward G. Piwowarczyk
Robert

P.

Meegan

Jr.

Member and Chairperson
Employer Member
Union Member

and Award of Panel

Decision

Panel was appointed on March 18 1997.

This Interest Arbitration

July

Pre-hearing

were filed and evidence was taken and arguments presented at a hearing on

briefs
1

and

2

1997

in

N.Y.

Buffalo

The

parties submitted

The Panel members met

end of August.

subsequently exchanged

positions

in

Executive

in

writing

at the

briefs

post-hearing

Session on October

23

and

and by phone.

Issues

The primaryissue
demands raised by
of

personnel

will

discuss

in

the

in this

the City

for

the handling

dispute
greater

is

economic.

It

of disciplinary

covers

a

two year contractual

period of July

PBA seeks a salary increase of 6% in each
The PBA also seeks
adjustment plus 2% in each year.
improvements

the

in

areas

While

Panel must be

it

that

will

be explained.

opposes a salary increase

tied

to the cost

tied

savings

several

to

in

the

matters and health insurance.

The

both years.

closely

economic issues before turning to the demands

This dispute
1998.

is

efficiencies and cost

The Panel

pressed by the

1

1996

to

June

30

a salary freeze for
awarded by

says that any increase

saving resulting from

City.

year or a cost of living
a host of other economic

The City proposes
it

deployment

its

demands regarding

 deployment

and health insurance.

discipline

Economic Issues

The economic data particularly as set out
25-40
used

compares

police

you look

and West

at

the

in

Seneca as

well

the Citys pre-hearing
of several

the closest

police salaries are roughly

those

to

equivalent

at

page

Hamburg
large

the figures

hourly rates

brief

nearby jurisdictions

Cheektowaga

as Rochester

annual salary or the average

show that Buffalo

in

with those

Buffalo

such as Amherst

as comparisons

historically

Tonowanda

salaries

in

the

Whether

city.

for

1996 and 1997

comparison

tables at pages 37-39 of City brief. Since the Buffalo police officers have not
had an increase for the last two years for purposes of comparison the Panel assumed
districts

an aggregate 6% increase

in

adjustment the hourly rate

for

those

of the

comparison

the Buffalo

districts

would bring the highest police
in

the

comparison
The

localities

PBA points

the highest

officer

for

last

Buffalo

With such an

that period.

for

patrol

officer

would be

in line

with

nearby area p. 39. The same adjustment
salary to $45563 above the listed 1997 salaries

the

1997 p. 38.

out that Buffalo

15 or so years p. 16 of
increases in the last two years
the

in

police salaries

police

salaries

PBA presentation
2% and 1 % were

of

have run a sporadic course over
and that the

Joseph Madison

especially

low.

But while the

these years may be slightly lower than the comparison
Buffalo salaries still wind up at or near the top of the comparison group.

aggregate increases over
districts

the next section

indicates

the City of Buffalo

is

not well

off

financially

As

and the

For this reason the Panel
comparison cities probably have stronger economic bases.
concludes that the salary of Buffalo police officers is competitive with the neighboring
units.

The
picture
night

PBA does

must take

shift

into

differential

not dispute

account the

the salary
total

education pay differential
and vision care.

allowances uniform provisions

together Buffalo police lag about

but

comparison

compensation

holidays

When

6% behind their

argues that the true
including such items as

package

all

and personal
these

counterparts

days

vacation

figures are put

as shown

in

the table

The City does not dispute these figures as far
page 4 of the Madison presentation.
as they go but asserts they should be offset by the additional income an officer
receives in Buffalo from overtime and court duty as well as by the savings
to the officer
at

of not

having to contribute

to

any health insurance

premiums.

Panel concludes that the most effective mode of comparison is to treat
as one item and other economic benefits as a separate
item.
The salary
increase should keep pace with the increases in the comparison districts.
The other
economic items will be discussed separately.
The

salaries

2

 Economic Constraints

The Taylor Law requires the Panel
public

2094Cv.
in this

ability

proceeding nor most
that

consider

the interests and welfare

of the

employer to pay Civil Service Law Sec.
As the PBA correctly points out the City does not plead inability to pay

and the financial

assertion

to

on the City

has only a

it

of the public

could

likely

limited

ability

do

it

to

so.

But the facts do back up the Citys

pay.

The evidence shows
decreased
financing

vital

operations.

city

Meanwhile
municipal

that over the years the percentage
of state aid has
more and more of a burden on the property tax to carry the load of

putting

police

and

This

budget.

At the

fire

service and with a

same time residential property values

protection

means

the

individual

static

relatively

an increasingly

consume

increase

is

a

taxes without
elsewhere.

ceiling

to

different

services

residents

of the tax

squeeze

pressure

off

that the City

is

the property

realize they

an incentive for the better

able to afford to support the City

least

its

As the Citys budget director points out as you raise

matter.

This creates

The City has room under

taxes but the wisdom and fairness of such an

increase property

improving

this

receives

services such as street repair and maintenance.
constitutional

are decreasing.

share of the

pays more and more for
fewer and fewer other

taxpayer

budget

large

and the most

had to

can get a better deal
move leaving behind those

off to
in

need of

its

An

services.

rely

on a garbage user fee

fund

balances of up to $30

to

indicator

take some of the

tax.

The City has enjoyed comfortable

million

in

the

past

one-time
through years when the fund balance dropped to $20 million in the hole.
The current fund balance is a modest $10 million much of which is already
but suffered

encumbered
cure

pressure
in

into

the Citys

other

for

for

if

it

is

Use of the fund balance is at best a
purposes than salary.
used to fund a salary increase
simply pushes the financial
it

the next year.

Recognition

of the Citys

low bond ratings which jeopardize

its

poor financial condition

is

found

borrowing powers.

The data
surrounding
tab

D

suggests that some of the comparison cities especially the smaller
See Appendix IV
townships have a stronger base of economic support.

of City pre-hearing

brief.

The City points out that
of the
the

full

agreement. But

PBA proposed

post-hearing

brief p.

economic demands

it

salary

51.
is

it

has budgeted

3% for

a salary Increase

contends that even with that budgeted
increase

will

take

an additional

3

for

the

full

first

the funding

tax increase of

The tax increase required to fund the
higher about 8.8%.

considerably

amount

set of

year
of

4.3% City

PBA

 Current

Panels judgment

the

In
officers

are

remain

to

of the current

the

in

settlements

the

The Panel concludes

and white

The

some

existing contract

those

section

subsequent

these.

of

session

executive

the

the

approaches

will

of

3-4% range

the

including

The City has settled with

period.

amount of the salary increase

the

that

has placed on the

it

it

Panel met

of the

this

PBAs

able

is

gain cost

to

a public employee
for

savings

The Public memberalso

table.

the

a

that

is

removal of a valuable

in significant

opposition

the

concession

executive

decision.

to

PBA

them

will

it

strongly

The

cost savings.

be discussed

Suffice
to say that as a
apparent that the opportunities

became

were

in

that might result

result
for

in

validity

of

a

of the discussions

cost savings

through

limited.

will

outset the salary award

increase

the City

for this

needed to compensate

Since the Panel award
at

3% annually

normal expectation

is

the

demands

demands and

the Citys

in

right.

However when
opposed

that

increase

are

on the extent to which the City

part

PBA that

salary

settlements

and the State troopers.

member agrees with

in

through the other demands

substantial

current

workers for

collar

Public

agrees with the

that

Tonowanda

Cheektowaga

should depend

in

must be in the range
on settlements for 1997

The data

area.

figure.

Amherst
blue

ballpark.

comparison

the Buffalo police

if

required

This increase

it

the salary

its

is

their true worth
is very thin.
Further
is
not always possible to determine
dont always indicate what concessions and adjustments
may have gone into

and 1998
for they

increase

a salary

comparison

in

settlements

comparison

not

will

be

result
in

in

the

magnitude

the middle of the

of cost savings

3-4%

range.

hoped
The salary

for

be 3.5% of the base salary for each year of the agreement.

has budgeted 3% to cover the costs of an increase for one of the years
The balance of the cost must be met through other budget savings or if
necessary through tax increases. But given the Citys estimate of the salary increase
that would be required to fund the PBAs full set of demands if any tax increase is
The

in

City

question.

necessary to fund

this

more limited award

it

Other economic

In

that

his

some

officers

initial

correspondence

adjustment

are

should be modest.

adjustments

with the other

Panel members the Chair indicated

should be made for other economic benefits where Buffalo

behind the norm.

The

PBA

Panel representative

4

indicated the

priority

of

 demands.

its

of

This

shall

benefit

2.

3.

is

shortfall

All

for

is

relative

a benefit

significance

of the items

for this

enjoyed

in

several

The annual cost of

membership.

administered

is

in

question

PBA

through the

units

benefit

about

and under

somewhat

behind

their

this

and

award the City

be prorated

pay should

area

The holiday benefit

48 hours of annual holiday pay should be increased

holiday

is

in this

counterparts

by the fewer work hours assigned.

offset

comparison

this

payment.

Officers are

Holidays.

which now calls

This

the

to

reimburse the PBA

though the

and on the

insurance.

major importance

$75000.

this

as follows

Optical

1.

is

Based on

Panel awards

the

by 12 hours.

upon retirement.

While there may be merit to some of the other fringe demands only a
the economic circumstances.

limited

economic adjustment can be made given

As a practical matt er these

The changes

retroactively.

in

can be realized prospectively
expedient resolution

is

changes and fringe benefit
With respect to the fringe benefits

the cost saving

on a prospective

improvements

most part cannot be implemented

the

agreement that will result in cost savings to the City
The panel concludes that the most equitable and

only.

make

to

for

benefits

the

basis

only.

this

means that
1.
For the calendar
year 1998 and thereafter
annual cost of optical insurance.

2.

The

12 hour increase

in

holiday

the City

pay shall be

in

pay $75000

shall

effect

the

for

for

the

calendar year

1998 and thereafter.

3.

The holiday pay proration for retirees shall be

in effect

for

the calendar

year

1998 and thereafter.

City

demands

that

would result

in

cost

savings

Seniority

The City made a number of demands that would give it greater flexibility in
The Commissioner testified persuasively that in a modem

making assignments.
effective

police

force he needs

to

be able

to

the best

place

The PBA strongly opposed these demands which
the

traditional

City

winnowed

role of seniority
its

demands

in

the

to four

it

assignment of
all

of

which

5

it

people

in

key positions.

sees as dangerously jeopardizing

officers.

In

executive

deems essential.

session the

 The basic
version

seniority

in

provision

the current

contract

Section

12.2.

of Citys

says that

The

the

department recognizes

vacancies

and

the senior

applicant

importance of seniority

make every effort

shall

has the

ability

to

and

adhere

to

this

to

qualifications

in

filling

policy

provided

perform the work

involved.

The

is
not crystal clear since the make every effort clause
some leeway to depart from seniority and because there is a core
requirement of ability and qualifications before the applicant may invoke seniority.

existing provision

may

give the City

This

open-endedness

by the

PBA

tend

to

that the principle of

may

invite

However

litigation.

the senior

uphold

bidder

Two

officers

of the Citys
certain

assigned

overtime

to

the

numerous

almost all contested

awards submitted
cases

suggesting

is fairly clear.

seniority

Command

Inspectors

in

demands

officers

cover the Citys command and investigative

Captains Lieutenants Detectives
Special Units.

assignments within

Detective

One such demand would

positions

Sergeants and

permit the City to

make

grouping on the basis of qualifications training
experience job responsibilities
and seniority.
says if the other considerations
are
demonstrably equal the most senior employee should be offered the overtime
this

It

opportunity.

The

other City

assignments of

overtime that is with
are

in

seniority

to make and change permanent
on the same basis as the assignment of

allow the City

these positions

governing assignments only

if

the other considerations

demonstrably equal.

In

take

demand would

officers

into

members judgment in the long run the City should be permitted
account an officers qualifications for a key assignment and where those
the Public

qualifications are demonstrably superior
be allowed to trump seniority.
they should
a labor relations climate of trust appropriate language would
protect the principle of
seniority and would insure that departures from
seniority are based solely on

demonstrable merit and not on favoritism.

to

In

In executive
session the Public member
language that would require the Commissioner to give great weight to
seniority but would allow him to consider other objective and demonstrable factors that
measure ability for the job. In other words the burden would be on the City to depart
from seniority while under the Citys proposal
is
the other way around.
The Public

proposed

it

member also suggested

that

this

apply only to a small group of

departure

from the current

officers.

6

language

should initially

 PBA continued

The
primary

basis for

been based on
spend

PBA

submitted
the

honoring

awards
there

is

it

money
of

a packet

to

and

is sufficient

its

PBAs

As a result the PBA has been forced to

contractual

in

the already

objections

large

labor relations or

are

Second

volume of

for

saving

interest

claims

show

The

arbitration.

that the City

is

not

language of some

of

the arbitrators

shows that

trust.

First the parties

significant.

The new language demanded by

trust.

through

rights

it

Without repeating the details of these

marked departure from the current principles of
of

The

promotions in Buffalo have

historically

awards that

arbitration

state that the

to

that

favoritism.

protect

more modest proposals.

these

to

claim

its

present contract language.

a real problem of

The

is

factors

political

considerable

even

to object

resistance

its

arbitral

the City

litigation

will

get

unless there

seniority

may

nowhere with a
is

very well lead

a better climate
an increase

to

about seniority and that

is

not

good

for

money.

arbitration

is

an essentially conservative

process.

Substantial

changes should come about as the result of give and take at the bargaining table.
The
parties have a much greater familiarity with the history of this issue and its
potential
than any third party can gain through this brief
proceeding.
do more harm than.good.
Nor is an arbitrator
in a position
and to what extent acceptance of the demand requires additional

An imposed award

pitfalls

could

While the award does not incorporate

the Citys

suggests that now that the City has narrowed down

come up

for constructive
with solutions

settlement
for the

will

PBA

not

be

discussions

in

the

its

upcoming

the higher

just

those

in

command

Detailing

This

demand would

detail

The

City points

and/or

out that

Until

a good

the parties

for

in

executive

session

that

affect

positions.

educational

purposes

allow the City to

an officer regardless

educational

negotiations.

member

provides

officers

The City placed two other demands on the table
officers not

the Public
this

the

the economic
flexibility in deployment
end of the range.
There has to be some incentive
with the City towards meeting a mutual need.

All

all

demands
demands

in

that permit greater

at

work constructively

to

determine whether

compensation
These are matters better resolved at the bargaining table.

economic package.

beginning

to

training

of seniority

from one

shift

to

another

for

purposes.

under current practice the

7

training

programs are usually offered

 on the day
for

the

shift

shift

in

which

The

means

he

is

Citys concern

on a more

that

an

on any other

officer

but

may be

Its

confined

to

City

the

serving

earlier

overtime

into

allow

costs.

and the potential

for

to

it

This

offer

demand

problems

is

and education.

training

Other

The second

after

proposed language would

basis without running

the larger principle of seniority
is

it

not only gets overtime

shift

too fatigued

training.

is legitimate.

rational

does not jeopardize
limited given

that

trained

most out of his

to get the

training

This

shift.

detailing

demand

as framed during the Panel

between

Districts

discussions allows the

City to

detail

an

officer

of seniority within that officers

short

within the

same

shift

by inverse order

district.

Under an existing agreement the City has the
The language provides

right to

detail

officers

to

cover

term absences.

The
the

agree that the Department shall
any rank on the basis of seniority.

parties

officers

of

cover

to

Department

vacation

for

short term

time sickness blood
to

Department

on a

detail

shift

days
by

have the
Detailing

right

to

detail

may be used by

absences such as personal leave
It shall
be the intent of the

etc.

shift

basis

and within the officers

division.

The parties advise that
officers

reassign

In

various

its

within

presentation

proposals

on

in

addition

their

in

shift

the

detailing.

has the right

the City

even without regard

interest

Neither

arbitration the
the

in their

situations to

City

gave several grounds

for its

language of its proposals nor
unit was discussed in much detail

on the members of the bargaining
the arbitration though
as agreed during the arbitration
Panel members

emergency

specific

actual impact

the

in

to seniority.

hearing

this

their

was addressed

in

by

correspondence.

As the Panel understands it the City seeks the right to make these
changes
advance of an emergency and for a broader array of reasons than now permitted
under the contract.
It asserts
that its proposal will save some overtime costs as
officers from a lighter district
may be moved to cover needs in a heavier district.

in

The PBA strongly opposes these proposed changes.
The PBA is concerned
will not use this provision
in good faith but will make wholesale long term

that the City

8

 undermine

transfers that

PBA says

The

that

need to

pressing

the

the City

if

more

hire

have obtained

assignments officers

can readily transfer employees

officers

to

seniority.

through
will

not face

to

up
meet the Citys overall law enforcement
it

the

obligations.

member agrees with the City that
should be allowed greater
These proposals do not jeopardize the larger
making these assignments.

The Public
flexibility in

it

principle of seniority that the
brief

that

the

most part

several

of

this

is

so

1995

Selchick

demands

a lack of mutual

detailing.

Further this

through

interest

is

trust

for

greater

a constructive

prevents

Therefore

arbitration.

in

its

in

rights

clauses

in

the City of

for

flexibility in

the

deployment

the

to

approach
resolution

to
at

greater

flexibility in

the bargaining

award supports only

limited

table

changes

in

area.

The Panel does not agree

another.

Rather the Citys

its

that

the City should

demand quoted above

in

initial

right

to detail

to

detail

between

have the absolute
officers

districts

from one
should be

right

as

District

limited

to

to

two

situations

specific

2.

need

Buffalo

evidence indicates that

award

arbitration

another area better suited

asserted

1.

in

than

At the same time the Public member concludes that the Citys rights in this
should be specifically
limited
and defined. As with the other City deployment

regard

this

interest

the

recognizes

submitted

view of the managements

in

recent

flexibility

personnel as we enter the 21st century.

of police

than

A

The City contends

protected.

have greater

of the contracts

particularly

these agreements.

Rochester

assiduously

jurisdictions

A review

officers.

its

deploying
for

PBA has

most of the comparison

To cover short term absences.

To cover specific events such as sporting events concerts demonstrations and the
as represented
in the Citys pre and post-arbitration briefs.

like

In

needs

order to insure that these

detailing

on

this

basis

may

assignments are temporary and meet specific
exceed 15 working days.

not

Further the language
officers

to

should recognize the current practice of allowing
accept the assignments on a voluntary basis.

To accomplish these

objectives

the

Panel awards the following

senior

language

change

The

City

may

detail

officers

of

any rank

9

between

Districts

within

the

same

 shift

by inverse

1.

order of

within

seniority

that officers

the following

district for

To cover short term absences such as personal leave vacation

sickness blood

days

time

etc.

2.
To cover specific events such as sporting events concerts
demonstrations and the like.

may

This detailing

Except

in

another

cases

District

of

not

not

is

assigned

the other

This language
parties

may

is

the City

emergency

to officers

assignment
to

exceed 15 working days

paying
enjoy

a portion of

that

nature

health

their

in

In

any future
language.

its

However

health

costs

insurance
is

of the

s

be

shall

not

on the

table.

demand.

Hence

the

insurance

As a

costs.

area

matter the PBA contends

more burdensome

arbitration the

interest

The

costs.
for all

coverage

comparison

officers

in this

Panel observes

the

in

insurance

needs savings

it

As a preliminary

health

relief

significant

a substantially greater benefit than

modification

officer

panel

Insurance

shows a variety of patterns

data

for

senior

this

pays 100% of the costs of health insurance

the City asserts

Panel.

least

assignment to

event that the

be viewed as a provisional solution to the problem. The
utilization
of these provisions and propose changes and

to

The City proposes

The

the

In

monitor the Citys

Health

unit.

the

offer

District.

modifications
in the upcoming negotiations.
should consider the parties experience with

presently

the

accepted

voluntarily

shall

order.

in seniority

districts

with

some

result Buffalo

some comparable

to

fund a salary increase.

this

matter

is

units.

not properly

in

the

officers

police

in

that the City

City

employees

officers

Further

before

had placed a demand for relief

the
in

That proposal has been modified but the
on the employees nor does it change the basic

Panel concludes

it

has the authority

to

deal with

this

isNe.
The

proposes to approach this issue in a way that it says is relatively
easy
The City is willing to continue to pay the full premiums for both
single and family coverage for the two current plans both HMOs that presently have
City

for officers

to

the lowest

premium costs.

the difference
the

officer

absorb.

It

proposes

that

covered

between those

chooses.

If

officers

then

pay the

full

amount of

premiums and the premiums of the more expensive plan
an officer does not want to pay this additional premium he may

S
10

 expensive plan. The City saves money by not having to pay the full
The City points out that the majority of the
premium costs of the more expensive plan.
elect the less

HMO

have chosen the less expensive

employees
with the

While the proposal has appeal there are obstacles to

the cost of the choice

First
it

could

cost

The

plan.

an

who wants

officer

Second

PBA has

been

will

inadequate

is

proposed

to

and over

lot

of discussion

the City

persuade the PBA

to

the bargaining

at

at

the bargaining

no control over the less expensive plans.

correct

this

into

risk

by agreeing

to

that the Citys proposal

move

into

If

they

more expensive plans.

the

take

table that

all

the less

prove to be
session

executive

In

any savings

have an incentive

The Panel concludes

table

The

under the less expensive plans.

will

an additional

a family

a position to assess the benefits of the various plans.

back of benefits and purchasing new benefits with them.

the

38 show

perhaps a 5% pay increase -just to maintain his current
a very expensive give back.

cut

take

p.
for

of

for

to

brief

$2200

remain with the current plan has to pay an enormous

to

may be forced

officers

it.

the Citys

in

a single plan

for

have adequate coverage

Third there

the City

in

would be

members

The numbers

high.

because there has not been a

not

best solution
the

is

more than $1200

officer

premium -the equivalent
This becomes
coverage.

the

they are competitive

plans indicating

more expensive plans.

resulting

has merit because more

However

expensive plans.

it

from a

officers

does not

In
charge of over $2000 to encourage an officer to change plans.
a much more modest premium differential should be enough to

Panels judgment

persuade the

officer

to

move

to

the less

expensive plan

if

the benefits

are

relatively

as the City contends.

similar

The
differential

Panel concludes that an officer should be required to pay 25% of the
between the premium of the second lowest of the lowest two plans and the

higher cost plan

he elects

for single

and 15% of the

coverage

differential

for the family

plan.

While the Panel cannot be confident
number of employees
start
in

in

in

this

differential

savings

in

health

this

move a

plans.

base

if

they

substantial

is at

least

a

The experience
revisit

this

round of negotiations.

The City should make
after

will

determination

insurance

few months should give the parties a better data

the next

practicable

that

more expensive plans

the direction of greater cost

the next

issue

out of the

this

Award

this

change during an open enrollment

is finalized.

11

period

as soon as

 Disciplinary matters

A third

area

which the City seeks

in

handling

him for

employee or suspend

The present provision calls for the hearing
borne completely by the City.

The City asks
with the

PBA

that

relief

result

may

in

the

is in

cost savings

As matters now stand the City may not terminate an
more than 30 days without affording the officer a hearing.

of disciplinary matters.

employee

raises

the

for

having

substantial

right to

the

objections

PBA argues

First the

discipline

right to
to

an employee without
that discipline

challenge
this

officer with the costs

be before a hearing

to

any prior hearing
arbitration.
The

through

proposal.

that requiring

officers

to

up

give

their

and

statutory

should only come about through
an imposed award. Whether or not
voluntary agreement by the union and not through
this position
is mandated
reflects
a solid principle for interest
by the Constitution
constitutional rights

to

a pre-discipline hearing

it

The

arbitration.
in

process

Public

which
table.

bargaining

member views

whenever possible be made at the
the wake of the concern over the Gilmer case and the general
changes should

significant
In

waiver of statutory rights the Public member
the

is

reluctant

impose a new procedure on

to

parties.

Second the PBA
on its treasury as

costs
This

conservative

as an inherently

arbitration

interest

means officers

points
the

use of

out that the

PBA

will

have

to

arbitration

will

impose

significant

share in the costs of the proceedings.

must now pay through their union

dues for the

right

to challenge

disciplinary matters.

The
hearing

if

Public

membersees no problem with

does not

it

result

in

the City

suspension or termination.

imposing discipline prior to
In these cases
the

imposed.

rights are adequately preserved through a hearing after the discipline is
hits the PBAs
to arbitration
But even here the shifting of these challenges

treasury.

The Public member made some suggestions

individuals

to

objections

suspended

this

writing

and saving

is

another area

that

for

adjudication

However

or discharged.

The Panel makes

this.

to

the

panel members for ways

these cases without immediate arbitration with the

of resolving

the parties

no change on
deserves

this

issue.

intensive

a

later

day

if

PBA reducing

and when the

its

officer

were unable to come to agreement
The Public member observes

discussion

in

collective

is

on

that

bargaining.

Other City Demands

The

City

the

on the table
on deployment of officers
These demands were subordinated to the four that

had a several other demands
of

rotations.

including
changing
the City pressed in executive

session and no further award

12

is

made

in this

area.

 The City also demanded

a reduction

in

union

time which currently

release

as many as three union officials who devote their full time to labor relations
matters.
There should be no change in the current system.
The system works and
there is no evidence of abuse. This is a large unit with complex labor relations issues
involves

and cutting back on union

service

may

actually

make

relationships

worse.

Indemnification

PBA made

The

a demand

for

indemnification

he defends a criminal charge that arises
by an actual recent

in

the

By law the City

situation.

line
is

where an
of

duty.

required

officer

is

acquitted

The demand
to

indemnify

is

after

generated

officers

in civil

matters.

While the demand may appear to be equitable further investigation in executive
that this is a safeguard that is rarely found in collective
agreements.

session reveals

And when

it

does appear

that interest

precept

there

arbitration

are
is

some

preconditions

not the place

to

to

pioneer

its

usage.

contractual

Following
provisions

the
the

Panel does not grant the PBAs demand.
Dated

December

Robert

J.

Edward

bert

ts

R

G.

P.

1997

Publi

Me

wowarczyk

Meegan

Jr.

irperson

Employer

nion

Mem

er

er

13

1

 NEW YORK

STATE OF

COUNTYOFLP1aV09Gy
On

this

Z2-

appeared

Robert

described

in

the

ss.

day of December 1997
Rabin

J.

the foregoing

to

me known

me

before

and known

to

be the individual

to

me

to

Instrument and he acknowledged

that

he executed

same.

No

ary Public
JAMES

votary

STATE OF

NEW YORK

iy

this

in Onon.

Cemmseion

WEEKS
of

St

New

Co. to.
Exp.

eyy30

V

COUNTY OF
On

K.

the

Pahliq

Qualified

Yolt

.

ss.

23

day of December 1997 before

appeared

Edward G. Piwowarczyk

described

in

the

came and

personally

me

the foregoing

to

Instrument

me known

me

came and

personally

me to be the individual
to me that he executed

and known to

and he acknowledged

same.

--I
Notary Public

SEAN

P. BEJTER
PuWkelate of Now yon
in EdoCoumy
Commisaon Explrea Bao. II

NftY

Ouali ed

STATE OF NEW YORK
COUNTY OF

ss.

III

On

Robert

described

in

the

day of DDesember

this

appeared

P.

Meegan

the foregoing

to

1-9w before

me known

Instrument

and known

me
to

came and

personally

me

and he acknowledged

be the ihdividual

to
to

me

that

same.

No

rq

Oblic

allr/S

14

he executed

 1%

RANK

4

01/01/96

HOUR

RATE

01/01/96

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07/01/96

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07/01/97

NOW

RATE

07/01/97

POLICE OFFICER

STEP

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$16.89

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$17.48

POLICE OFFICER

STEP

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534

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537

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$19.86

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$40180.94

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$21.35

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POLICE OFFICER

STEP

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$42983.35

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$44487.77

$22.84

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$22.87

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$23.66

547696.44

524.49

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$27.35

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328.31

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359016.42

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DETECTIVE

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POLICE PHOTOGRAPHER

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SERGEANT

POLICE LIEUTENANT
POLYGRAPH

4

EXAMINER

ASSIST.
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POLICE INSTRUCTOR

CHIEF OF HOMICIDE
POLICE CAPTAIN

CHIEF OF DETECTIVE
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INSPECTORS

S.

  

 

Memorandum
of

Agreement
(dated December 22, 1999)

July I, 1998

through
June 30, 2000

MEMORANDUM

The City of Buffalo

hereby agree

term July

1

City

upon the following

1998

to

June

30

OF AGREEMENT

and the Buffalo Police Benevolent

terms

for

a

new

collective

Association

bargaining

PBA

agreement

the

for

2000.

1.

Increase

base

wages by 3.0% retroactive

to

July

1

2.

Increase

base

wages by 3.0% retroactive

to

July

1 1999

3.

Article

1998 including

retirees.

including

retirees.

XXIII

Amend

A

Longevity

A

Paragraph

as follows

1 1999

each permanent
employee who has completed one
year of
Effective

1

annually in addition
hundred
and twenty-five
one
salary
shall

service
their

July

receive

to

$125 longevity payment for each
completed year of service to a maximum of
dollars

twenty-five

4.

the cost of health

All

including

follows

WV

years.

employees hired

insurance

9.Qy

6/360

after

shall

be required

to

contribute

to

as follows

a.

Either of the

b

Employee

shall

difference

in

plan

5.

25

two

2

lowest cost plans

-

No contribution

be required

to pay the full cost of the
premium cost between the second lowest cost

and the higher cost plan selected by the

The City may change both

days PL days and vacations

shifts

for

and scheduled

educational

work

officer.

days/days

and training purposes

off

as

 Lieutenants

a.

-

as

Supervisory Training

mandated by New

York

State

SWAT HMT URT

b.

All

the

subject

to

ratification

in

its

and Honor Guard for training

by the Union and then approval

entirety

Mayor and Common Council.

DATED

December

22 1999

FOR THE UNION

FOR THE

7.ze-j

CITY OF BUFFALO

5601541

s

t1r

ONLY
LL1QQORM

M Ib N R LL C98pidN
oeerte _
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OF PAGES INCLUDING COVER SHEET

CITY

OF BUFFALO

ADMINLSPRATION
DIVISION

ROOM

FINANCE

OFLABOR RELATIONS

225

CITYHALL

BUFFALO NEW YORK

4

TEL 716
FAX 716

14202

861-6904

6614968

REMARKS

ANMONT
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1999

STEP 2
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0-17-0

6560sd9o C
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THE

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NZ t6.e
1

4968

IS

EFFECTIVE RETROACTIVE

applicable
Local

P.B.A.

to uniformed

membersof

TO JULY 1 1999

the

2

  

Shapiro Award

(dated September 5, 2002)

July 1, 2000
through

June 30, 2002

ofNew York

State
Public

Board

Relations

Employment

Opinion and Award
Matter of the Interest.Arbitration

In the

between

PERB
Buffalo Police Benevolent

Case No.

M 200-238

IA 201-003

Association
Petitioner

-and-City
ofBuffalo New York
Respondent

The Public

Before

Panel

Arbitration

Member and

Sumner. Shapi% Public

Edward G. Piwowarczyk

Meegan

Robert P.

1.

Member
Member

Employee

Organization

INTRODUCTION

This document

constitutes

Panel

designated by the

Board

PERK

2001.

The

hereinafter

referred

to

Buffalo

New York

City Buffalo
a Collective

30

York

as

The

referred

Agreement
entered

parties

23

October

Employment

Law

The

PBA

CBA
into

negotiating

sessions filed a joint Declaration

as

is

of

the City

the Employer the

and the City were parties

the jerm of which

of Impasse.

expired on
a

for

negotiations

designated a mediator who conducted

17

July

the Employees the

2000 and following a number

on

Relations

Association

The respondent

to variously

Arbitration

on

Benevolent

PBA

the

on 209.41

Secti

Police

agreement

2000 PERB

of a Public

Public

Petitioner.

the Respondent

Bargaining

.Awar

State

Auffalo

variously

or the

hereinafter

or

2000.

the

is

petitioner

the Officers

June

Opinion and

the

New

pursuant to Civil Service

Union

to

7r.

Chairperson

Esq. Public Employer.

successor

of unfruitful.

On

December

6

an unfruitful mediation

session

between the parties on January 12-2001.-The parties determined that

further

mediation
for

petitioned

2001

PERB

Conciliation

sessions

Compulsory
over

30

and July

2001 which

1

unlikely

signature.

of

2001

is

for

is

two

contract

referred

through June

on April

Richard

A.

Panel

6

2001.

Curren
in this

years namely July

to hereinafter

30

and the

to be productive

designated the Public Arbitration

panels jurisdiction
June

the

were

Interest Arbitration

as

2002 which

Year
is

1

referred

1

or
to

On

PBA
17

July

Director

of

The

matter.

2000 through

the

first

year

hereinafter

as

 2

Year

.

the

or

that

even though

before

record

referred to

Civil

year. As the Award in

second

of the second year there

the close

Law

Service

v

When

it.

Year

as

3

such

reference

the

or

third

Section 209.4

the Public

year
panels purview and the scope of the

the

beyond

falls

year

made

is

that

succeeding

is

year

year

v

Arbitration

matter will issue after

this

need to refer to the next succeeding

is

panel as follows

directs the

make a

shall

panel

just

and reasonable

determination of the matters in dispute. In arriving at such determination.the
panel shall specify the basis
addition

for

its

of employment of other employees

requiring

skills

similar

employees

consideration

in

of employment of

involved in the arbitration proceeding with wages hours and

Employees

conditions

into

findings taking

factors the following

of the wages hours and conditions

comparison

a.

the

any other relevant

to

generally

under

in

similar

and

public

performing similar services. or

private

and with other

conditions

working

in

employment

comparable

communities

b. the interest

and the financial ability of the

and welfare of the public

employer to pay.

public

comparison

c.

including

specifi

3

qualifications

ofpeculiarities

1

cally

in regard to other

of

hazards

trades

of professions

2

-employment

4

educational qualifications

physical

5

mental qualifications

job training and skills

d.

the

the

terms of collective

limited

the

to

provisions for

medical and hospitalization

The panel conducted

February 12 and
were

afforded

arguments
hearing
before

the

in

support

to

November

2002 which

to

but not

retirement benefits

to

Hotel in Buffalo

New

4

2001

2001 December
at

which

prevent

time

exchange

positions.

and

file

post

At

the.

parties

testimonial

and cross-examine witness

of their respective

opted

8

19 2002

opportunity

examine

the parties in

paid time off and job security.

and March

unfettered

parties

May 6

82001

13 2002

evidence

documentary

salary insurance and

benefits

and.

between

negotiated

and fringe benefits including

hearings at the Hyatt Regency

York on November 7

O

agreements

past providing for compensation

the

hearing.

and

and to offer
close
briefs

day was subsequently briefly extended

of the
on.

or

by mutual

 3

whereupon

consent

Radisson

session at the

timelyfiled.

The Panel met

Hotel Buffalo on July

Schwan
Buffalo

Schwan

New

PBA Counsel

Esq.

Sammarco

Saminarco

York

Edward Fennel
Wynantskill

Finance

New

Officer

Consultant

York

PBA Witness

John Juszkiewicz
Police

in executive

25 2002.

PBA

W.

James

Suite

as fgllows

were.

Appearances

For the

the briefs were.

Buffalo Police Department

PBA Witness

William Misztal
Inspector Buffalo Police Department

Raymond

PBA Witness

Fields

Officer Buffalo Police Department

Patrol

PBA Witness

Randie Joseph
Lieutenant. Buffalo Police Department

For the

Sean P. Beiter Esq
Jaeckle Fleischman
Buffalo

Anthony

New

Employer
Miigel

York

Masiello

City Witness

Mayor City of Buffalo New.York

James Milroy
Director
City

Counsel

LLP

City

of Budget

of Buffalo

and Management

New

York

Witness

 4

Ann Forti-Sciarrino

City Witness

and

City Accountant

Comptroller City of Buffalo

Deputy

OHara

Kathleen

City Witness

Commissioner of Human Resources
of Buffalo

City

Susan Wheatley

City Witness

Assistant Corporation Counsel
City of Buffalo

Matthew Van Vessem

CityWitness

Corporation Counsel

Assistant

City of Buffalo

Rocco

Diina

Police

Commissioner

of Buffalo

City

The
the

City Witness

parties jointly

submitted 20 Exhibits

testimony of witnesses the

15 Exhibits.
identified

All

Baekround

In

its

the

proposals
Proposal

1

was

be increased
year.
first

for

petition

we

if

13

and

Interest

probably

significant

and second year.

A

adjustment formula

number of

other

of

one

which

6 percent in a particular

was the

same

for

its

agree

response to the petition
to

any

modifications.

proposal

it

of

the

With

dated

PBA
respect

counter proposed

May 22 2001

proposals
to

the

and

PBAs

City Proposal

5

increase

be forthcoming

its

in either

Proposal No.

stipulated

in turn

was
Salaries

The City

and

that

4 2001

did not

of
2.5

14

Work

percent

the Cityfiled an

5 now proposing

of the two years.

it

proposing
Hours

wage increases of

in each of the two years. Subsequently on October

amended response modifying

both the.

proposals were very significant

and along with the Salary issue are discussed subsequently herein.
in

Z.
PBA

of not less than 6 percent to

the CPI plus 2 percent exceeded
salary

the PBA.presented

Arbitration

most

a proposal for salary increases

The-proposed

and the City submitted

and as they are thoroughly

omit a redundant listing here.

Compulsory

first

and in conjunction with

submitted

admitted without objection

were

in the transcripts

IL

PBA

that

no wage

 5

PBA Proposal

5 wherein the Union sought to amend Article

Section 11.1

of Disputes

XI

be a

subsequently held to

was

Settlement

nonmandatory

subject

Both

involved are experienced in pursuing their options

parties here

Interest.

Compulsory

terminated on June 30 1988
been

and since

--two through

implemented
Arbitration.

through

officers in

comparable

reliability

of

precarious

fiscal

these

matter

document

We

position

same

PBAs

which

The
has

statistics

on

asserts

Salary

the established

Buffalo but also constitute
offer

longevity

pay

shooting

and the like

short

They

basis.

of

the

shift

assert

at

the

and 6.6 percent respectively
that

emphasizes

average

$100

in

this

section..

these

PBA

the

contiguous

upon

in Erie

sick

i.e.

5 10

and

differentials
at

on

incentives holiday

by

comparable

pay

and per

an annual monetary

15 year longevity

basis

levels.

On

9.3

an

drop to 8.1 percent 5.7 percent

the same

their

The

County..

communities by 9.7 percent-

longevity levels.
exclude

comparisons

since

in

a basis which

on both an annual compensation

communities
asserts

relied

towns namely

contiguous

All three. are not only contiguous

differentials

per year compensation

comparable

Additionally the
colleagues

and

insurance issues.

jurisdictions

are three

Buffalo officers

hourly basis they claim these

wherein.the

a subsequent

comparable

of the comparable

average

percent and 9 percent

further

in

on a monetary basis

a comparison

incentives

fall

pay.

and health

the three largest towns

includes

rate

In the present

and Health Related Insurance Issues

Amherst Cheektowaga and Tonawanda.

hour

its

emphasized.

continued to prevail

salary

of greater significance

interest arbitrations
past compulsory

Employees

consistently

and arguments

market

fair

challenging the

City though

ability to

its

its

by fellow

of the Parties

A PBA Position

to

the true and

four

that

was

thesis

have

and rationale relating to the other issues with special

findings

Positions

Union

central

represent

services.

constraining

aspirations

CBA

and

and rewards being received

-preliminarily focuses on the

emphasis on those

The

Union

some

summarize

III.

jurisdictions

through

negotiated

Memoranda of Agreement

benefits

FBA members

and.

then six successor agreements

the

Historically

members were being denied

value of Buffalo

Their last written

Arbitration.

paid

its

uniform

members

nominally

fall

$1000

members are paid
communities

The

Union

allowances
short

per
less

of the
annum.

than their

they also

receive

 Ib

6

.

employees

hired

year final average

for

option

The one year

Tonawanda.

final

its retirees

the

asserts

it

Tier

its

II

employees

Buffalo does not provide

as

the one

do both Cheektowaga and

as

would

average option

PBA

seek

Employees

to the increase

equivalent

in

effect

raises

in

Buffalo

2 percent

series plus

urban consumers

the board increase

The

PBA is

first

relates to officers

is

1

Proposal

an

across

a

or

of 6 percent

total

6 percent-in

two

each of

from

of

line

retired since

duty

1

July

in

These

injuries.

Health Insurance.

name co-pay

provide paid major medical coverage

The Union

seeks

and

all

comparable. employment

in

the

Towns

receive

major medical

calls

paid

coverage

of

that

and

for the City to

upon

existing riders

on the basis

to justify this proposal

retirement

disability

retirees

PBA Proposal 14

obligation.

The

drugs with a $5 generic

and the drug rider entitling them to prescription
$10 brand

is

1986 with 20 or more years

but do not receive

insurance

health/hospitalization

whichever

years...

of Buffalo department service or those who have taken
resulting

increase

thebenefit of hindsight the proposed

With

seeking two significant improvements

who

board

the

a previous years Consumer Price Index.CPI

higher in each of the two years.
across

for

pensions by 8 percent

retirement

all

salary

exacerbated

is

1 1973

after July

Moreover

benefits.

Buffalo position

disadvantageous

The

retirement

inferior

relatively

it

is

retirement.

provided in

Amherst Cheektowaga

and

Tonawanda.

The second

are less

its

Plus dental

Preferred

related

health/hospitalization

the City to upgrade

present
coverage.

GHI
It

PBA Proposal 15

proposal

Spectrum

t

Plan dental

coverage

than-30 participating dentists

GUI Preferred

favor of

its

dental

Preferred

under

providing service

As GHI Spectrum

coverage.

Plus

for

GHI

bases this proposal on a claim that there
the Spectrum

Plan when there are in excess of 300 dentists accepting patients
the

is

to

program

the

Union

is

covered

by

being phased out in

pleads the replacement

is

necessary

The Union

challenges

no wage increase
The

PBA

sound
2000

pay which

Buffalo

condition.

Its

nominally $15.5

nominally $1.4

million

claim that

of the Employers
absolutely

should be forthcoming

asserts that

fiscal

was

the validity

inability to

by a severe

first

the

or second

first

year of our concern

unreserved general fund balance
million

over the

which

fund

burdened

supports a.determination.that

in either

entered the

it is

represented an

balance

at

the

year.

in

as of June

very

30

improvement of

conclusion

of

the

 7

preceding year

..

members

its

certain

among

pay

1999.

The City

incurred increased costs

the

a nominal

accumulated
that

during

in

expenditures by nominally $8.85
Finally as. of June

the Citys.

30 2000

on City indebtedness was

interest

become

past

on any

Buffalo the Union urges

30 2000 with

30

ending June

risen to

then none

since

defaulted

on

or
has

payment of

the

on fiscally sound. ground

clearly

as of June

in

by 151 percent whereas on June 30 2000 the excess had

contends

the Employer

expected

July

City

had projected

fact

it

1

habitually. understates

expenses creating

substantial

reality

jurisdiction

phantom
For

evolved.

surpluses

2000 through June 30 2001
ending with

expected

the
the

first

PBA

revenues

when

deficits

projected

of

year

a nominal $3 million surplus

our

that the

reports

whereas

in

ended the year with an undesignated fund balance of nominally $9.7

million

or

budget

increase

financial

its

million

more than

City expenditures

revenues

fell

short

first

to

the

PBA

statements

and

that

The

and that in keeping

funding

it

had

-

conservatively

nominally $8.9 million

PBA

million creating

contends

a

the City

funding to provide a 3 percent across

year budget

practices that

fell

by only $2.7

of nominally $6.3 million.

had set aside in the
board

the

year

while

budgetary surplus

accounting

$7

approximately
In that

estimated.

the

notes no principal

that

37 percent

and overstates

under

Union

surpassed

surplus

each of the preceding five fiscal years
Specifically. it offers that on June 30 1996 assets

2000.

liabilities

The Union

in

the

accrued

due and

exceeded

revenues.

General fundand Board of Education funds and

working capital having improved

exceeded

its

Moreover

increase.

indebtedness.

was

combined

its

past

and Buffalo has never

due

or interest

principal

and

and

pay

year but in addition

contract

of Education

million

a further

overtime

pay

that

notes

significant

was not only able to absorb

fund balance

million

and
induced

increase

holiday

- 2000

1999

the

$1.4

like

contends

it

Buffalo Board

the.

year

base pay

benefits

pay

of 3 percent

increase

The

pay.

others.

year the Union

In that preceding

a base pay

in longevity
in

increase

court

30

received

improvements
cost

on June

is

there

treated
is

as

with generallyalready

therefore

no

accepted

expended

in

justification

the
for

withholding payment of the fully funded 3 percent across the board increase
and urges the panel to award

The Union
that

at

same.

focuses on the cash flow aspect of the Citys position.

the commencement

of the second year

nominally $109 millionin cash-coming

Y

It

notes

the City was in possession of

from the proceeds

of a $120 million

 8

RAN

and other

receipts

federal

Union

several months

tax receipts

sales

aid

real

balance against nominally $130

receipts

In the

disbursements.
last for

and

state

issue

view

should have had enough

Buffalo

cash

cash. to

was claiming it would runout

it

yet by October

property tax

million in

of

end ofNovember
2001. This the Union notes did not occur
money by the
and it cites the Citys demeanor
as yet
another example
of the City
promoting an unwarranted

of poverty when negotiations

image

are

pending.

grin progress.

Buffalo the Union asserts in the
fund balances

accumulated

The

expectations.
the

initial

projected

Union acknowledges
reductions

seasonal

and.

However

million.

were

basis and avoidance

notes

in retirement

by spending

accomplished

temporary workers

it

the closing

of

fire

realized

exceeding

second

was

year

a $5 million

that

system costs and

freezes

of

layoffs

companies

on a rotating
the time of the last.

By

of overtime and similar action.

hearing in the present procedure the Union

30 2001
District

for the

deficit

budget

obtained through reductions

reduction was
further

$3.1

year ending June

fiscal

both the City and School

for

the deficit had been

emphasizes

reduced

to

$4.3 million. Thus

reduced

its

projected deficit from $31 million to less than $5 million. The

PBA
the

urges that the projected

board salary

increases

for

in

a span of five months

deficit

has already taken

include

at

of the Citys

the
testimony of

Budget

PBAs financial

and

Director

possibly 3
an Award

Hence

expert.

minimum of a 2.5 percent and possibly as much
board increase in each of two
residual

projected

further

The Union
Buffalo.

In

million deficit
surplus.

30
that

In

years will

it

is

a

percent

in

providing

the

for

a

3 percent across -the

not adversely affect

the

proposes

1994

it

that projected

attributes to

budget shortfalls are not unknown

mayor a warning of a $31

the current

only to have the fiscal year end with a nominal $6.25

a fiscal years ending June

30 1996 1997 1998 2000
in

not and the second

the fiscal year ending June

The Union

sees no reason to

the

year the CityTax levying margin was nominally $20 million

first

each

year

since the

homestead tax rate has decreased
farther

fiscal

and

is

fiscal

year

now

year

ending

less

than

in

the black.

City

in

will

million

and 2001

that the

but that

PBA

as

urged

were similar budgetary surpluses though

in

These.

deficit.

1999 there was a small operating deficit

expect

across

settled.

they had already been spent and they
increase
least a 2.5 percent across the board
according to the

testimony

there

account

into

bargaining units that have not

had

have been set aside as though

monies

in

the Employer

June
it

was

It

notes

30 1997 the
in

1997.

contends the City in the past year made a $22 mullion

The

one-time

 9

rI

contribution

to

be required

to make

year and

fiscal

the

it

such

to

complement.
officers

and

their

had

the

retired.

justification for

once

duties

imposes

second

by

burdens

the

remaining

the.

on

lies

they are not

remaining

have been expended

would

remained

under

million

the Union

to

officers retire

assumed

work

money-which

officers

improved

according

As

being

are

additional

year $4

fiscal

programs.

and leaves undisbursed

as salaries

the

complete

source of potential revenue

This

will not.

It

in the

by the Commissioner of Police that

a pronouncement

the retirement and recruitment

being replaced

one-time payments

extraordinary

expected

A further

of Education.

Board

the

involving

litigation

cites

is

department

budget
in

settle

on active-duty providing at
and the means with which

compensation

to

pay for.same.

.Unio supports

The

from

extensively

which

business district

completed. and

various

others of which

year

fiscal

year.

has been relatively

rate

since

improvement

some

underway

of a burgeoning urban renaissance and

picture

course of the

1994.

its

of

or

in.

which

have

It

26

Statement dated February

projects

are

second

the

closing

vacancy
rate

Bond

the Official

enumerates

for

surplus. in the

since-1991 with incremental vacancy

quotes
2001

forecast

optimistic

the central

that

by asserting
stable

its

gap and generating an actual

budget

been

prospect painting

a

impact.on

implicit salutary

Buffalos tax base.

B.

City Position

on Salary and Health Related Issues

The

City in reviewing

that

though

it

and year two that
raises

in the

second year.
amounts

it

insurance

range
It

notes however

and

it

found

and

in

substituted

11 2001

that

of the
in

City

State

offers

Aid

the

PBA

financial

position

in

negotiated

settle

for

these

that.sufficient.State

obtain adequate health
that

in the wake

anticipations

were.

of the

drastically

dollar revenue shortfall
a multi-million

Amended
which

Response

withdrew

it

a proposal for zero percent increase

asserts

1

namely

Buffalo would

The
its

both year one

year and 2.5 percent for the

City was prepared to

the

itself confronting

Interest Arbitration

The Employer
Citys

2

return.

prompting the submission
Compulsory

first

of two assumptions

be forthcoming
concessions

that

for

money to fund an award or

set aside

of 3 percent for the

disaster of September
altered

a 2 1/2 percent wage increase

actually

on the basis

Aid would

budgeting procedures relating to salaries informs

its

had proposed

refuses

to

both

its

in

to the
salary

Petition

for

proposal and

each and other two years.

acknowledge
cash

its

flow

the seriousness
and

total

of the

revenue

-

 10

It

considerations.

refuses

increases were

percent

to

nullified

effectively

million aid

provide the $31

that

acknowledge

money to pay these increases never actually existed
now never will. The Employer believes. that the 3
year standing alone would

first

year and

is

within
percent

and 2.5

was unable

the State

So far as Buffalo

increase.

first

budgeted 3

the

when

its

and

resources

increase

to

the

concerned

for the

the Citynominally $1.7 million for the

cost

another nominally $1.75

second year and the

million in the

does not have that money and is not in any position to obtain it An
Award of 3 percent for the first year and 2.5 percent for the second each
effective
of the contract year would cost the City
at the commencement
City

nominally $59

The

City

urges

2

cannot.

is

of

it

to

it

that

it

it

as

1

it

The

the

PBA

cannot obtain

could borrow the required
severely

finance

more

State

3

funds

in

the second

portion of the proposal out

any

only option

gap.

wage

jeopardizing the

a negative cash position

is facing

unable to

to

positively

the proposal without

fiord

reserves.

respond

unable to fund

4

a $9 million. budget

already facing

is

unable to

is

rating and

rendering

savings

it

extremely unlikely

raise taxes

Citys bond
year

that

as is absolutely

proposal

Aid

when

million

open

the

to

City

proposal would be to lay off personnel most likely public

for funding
safety

of
the

personnel

which Buffalo.proposes would be contrary to -the interest and welfare of the
public a factor which must be considered as. it is expressly recognized. by
the

statute.

The -City urges the Panel to discount testimony by -the Unions financial
million of undesignated reserves was available
expert that $3.2
presumably
for
It

funding any awarded

notes

that

the City

in

addressing

planning to utilize available

already

and revenues.

expenditures

It

in

for the

City as of June

20

2001

fund balance of $9.7 million.
available

for
in

the

funding

longer

year two and year

fund balances
attention

In addressing

the

audit.

problems

was

the gap between

to City Exhibit 10 which

was.

of a financial statement

showed an undesignated unreserved

The Employer

offers that

those dollars are not

been allocated

million

to gap
has been allocated

money therefore has been targeted and spent and is
PBA salary demands Buffalo it- is argued

for funding

clearly lacks the financial
years within

which

financial

three

to close

consisting

second year and the remaining-$7

available

30 2000

increases as $2.7 million has

to the third year. All that

no

calls

its

evidence on February 12.2002

placed

closure

increasein the June

salary

ability to

pay

for

any

increases

in either

ofthe two

purview of the panels deliberations.

the specifics

contiguous towns

of the

PBA

comparisons

have already settled their 2000-2001

Buffalo notes that the

CBAs

in

which

they

 11

awarded

and that the

Tonawanda
The City bases

its

shows a

of only about

that

the panel must in addition

its

and

values
cited

work

its

by the

rules

is

other

for

unlikely

it

to

that

it

limitations

a sharp

be

ratings

is

The City urges
officers in the

be

a
in

that

exceeding
small

PBA

the

it

are

has no

it

and

reserves

contiguous communities

which

increases

beyond

are

tax

nor are they faced
with

Comparisons

it

it

is

will

relied

financial

Buffalos reach.

and are not according to
limit

year.

practical

Buffalo has no

not constrained by the same

officers

of

calculation

communities

challenges

contributions

total

may be

these

the City
with bond

communities

compensation

afflicted

PBA comparisons

to

the parties

the salary

or equal to those

margins by which

contiguous communities

of the cost of health

are totally selective

in

issue

Buffalo argues that
its

officers

Amherst Cheektowaga

putatively

admonition to accord.

and should not

positions

PBA members
is

police

Buffalo but not for Amherst and Cheektowaga.

-for

that the

for

with computational

the validity of the assumptions supporting

requirement or suggestion that

the statutory

its

and the prospect for State

such as for example the subtraction

with respect

statutory

Moreover

that

comparable

jeopardy.

considered in evaluating

Finally

the second

of being at

truly unfair.

Moreover

The City urges

reports

constitutional

comparable

calculations

insurance

The

fewer police

are

for it in

comparable
tax revenues.

It

argued

is

it

against

which

problems.

declining property
the-more affluent communities

severe problem

best

in June.

far

Buffalo asserts

these

its

its

be able to borrow money and further predicts

and they can afford

bumping up

and

shrinking tax margin

its

income

use in sales tax revenue

at

flat

would

PBA

They employ

no

respect to property

run out of cash

upon by the

is

has the

municipality

reason to forecast
is

to

similar

only one factor

PBA

maximum with
Aid

per capita

is

the City of Buffalo with

credit rating

its

comparable

In fact the City pleads there

No

behind.
officers

that

emphasizes

it

conditions

consider whether

its-lower

population

declining

far

wage of top step police

However
similar

budgetary and cash flow problems

percent per annum

percent behind Amherst and nominally

1

working under

employees

public

Amherst3.

annum

2.5

members do not lag

on the current

comparison

lag

PBA

Buffalo

percent behind Cheektowaga.

5.3

per

Cheektowaga and approximately

percent per annum

which

of approximately 4 percent

increases

wage

fall

short

not of such

there

is

no

must be paid wages
and Tonawanda.
The

of their colleagues in these
magnitude

weight to ability to

pay

as to outweigh
concerns. The

 12

City offers
-the.

that thetime

argue for lockstep

to

Cityhas recovered financially and
corrections

the appropriate

jmplement

urges that the current panel
award

benefits

the

which

come when

compatibility will

is

on a sound

if

and when that happens but the City

Future panels can

basis.

must avoid relying upon comparable

City in

present strained

its

practice

condition

to

unable to

is

fund.

The

first

Citys

the

in.

change

health

take

benefits

Organization providers.

on July 12002

effect

individuals

Prior to

being

became

by the Univera

new

rider will assess

The City relates

respectively.

that

rider

a single tier prescription

.

name

brand

generic

and

continue the priorbenefits

able to

a $5/$15/$35

per

prescriptions

could no longer obtain

pleads that as a result it

it

co.

prescription

non-formulary
it

the

and the.

per prescription

was .informe

it

after

for generic

Those covered

respectively.

and

but

co-payment

Healthcare paid a $5 co-payment

three-tier prescription
for

prescriptions

by the Independent

co-payment

a $7/$15/$30

pay

and non-formulary

name

brand

to

obligated

the change scheduled

served

Health provider paid a $7 dollar per prescription
change

17 grows out of a
provided by the Citys

City proposal

proposal.

drug coverage

prescription

Health Maintenance
to

related

of the single tier

is

no longer

The Employer

rider.

urges the Panel to recognize that this change is occurring or occurred outside
of its control and that it does not accrue to the Employers advantage
in any
respect.

It

obligation

is

a
to

only

determination

provide

Buffalo seeks

providers.
increased

seeks

of three tier co-payment

being

A

insulated

second

affect

either
or

City

employees

provision

insulating

arising

that

health-care

from

in

The City does not provide
a result of the three-tier

considers the significance

1

2000.

who

of their

coverage
hired

currently

premium

advises that
costs

pay

to

all

this

and

would

twenty-five

HMO

and

Blue Shield

and 15 percent of the difference

after

July

pay 100 percent of the

requirement be extended

The Employer

12

cost between the second lowest cost

for single

Employees

expensive coverage

health care

for

liability

proposal City Proposal No.

related

hired prior to July

coverage.

this

continuing

as offered by the

out of the implementation.

will arise as
it

it

its

from absorbing same to be of a very high order.

Community Blue

hire.

drug

benefit

of the two more expensive plans namely Blue Cross

family

that

panel that

plans by the providers.

but does indicate

of the difference

percent

CBA

of the increased costs which

implementation

the

a prescription

drug co-payments

prescription

an estimate

a

from.

1 2000 who

difference

employees
change

for

the more

and the City proposes

irrespective

would

elect

reduce

of the date
its

by approximately $410000 per annum.

very
It

of

high

advises

 13

only 249 out of 862 bargaining

that

M.

unit

of the more expensive coverages.
by the 179

increased contributions
Blue Cross and Blue
would

which

the

imposition of which
high-cost

A third
new

who

henceforth

HMO

of

of

insurance

health

to

employees

The City

years.

implementation

proposing

overlooked in view

of

At present

amendment
inception

number

IV.

The

the
select

13
if

proposes

to the

is

to

that

severe

this as

even small
fiscal

related

institutionalize

with

new

implementation.

will

forward

expensive coverage. At the.
per year
and would

a minor

and urges

concession

incremental

savings may. not be

problems.

14 relates

proposal City Proposal No.
receive

continue to

13

supra.

would

new

of

percent of wages at the end

0.13

to possibly

new

of the lowest

HMO

employees

as outlined

in

them for

the discussion

Buffalo believes the implementation
of about $14500

provide savings

the possibility that

it

might increase

to

without

coverage

and in this proposal Buffalo seeks to assess

CBA

with

going

believes

Employer

that

percent of the cost

proposal

savings

relates to

they select

of this

per year at
were

if there

a

early retirements.

Opinion On Salary

salient

proposals

is

asserts that
the

family

to

an average of 20 new employees

rise

on the same basis as

of city Proposal No.

this

select the least

describes

retirees

contributions

coverage

the

its

City health-care

retirees.

making

for

change would save $14500 per annum

this

successive years to

A fourth

City

25

contribute

cost

the

Additionally

encourage

City calculates

five.

The

options.

be required to

present cost level and assuming

in

traditional

burden

contribution

out-of-pocket

Buffalo states the intent of

option.

notion

grow

substantial

and 15 percent of the cost of familycoverage

employees.

the

a

one

annual contributions

and $2800

coverage
is

to

proposal City Proposal No.

make no

of the two lowest price

strongly

individual

concedes

related

currently

single coverage

the

subscribe

designed to create a significant disincentive

is

City health-care

employees

price

for single

Employer

who

to

come from

coverage.

hires

either

Their

would

the savings

members

coverage.

to nominally $1650

rise

coverage

Shield

members currently subscribe

Most of

consideration
the

in

evaluating

question of ability to pay.

Buffalos financial position

possible

employment.

and Health-Related

adoption

of

The City

itself

as

improvements
proposed

Issues

the

Salary

We

believe

of June
in

and Health
the Union

30 2000

wages

across-the-board

and

related

correctly

did not preclude
other terms

of

increases

of

salary

 14

percent in each

2.5

and 2.5

percent

11

September

The Union

flow.

time of the

of fortune

reversal

2001

which

State Aid.

expected

with.the

albeit

reduction in health insurance

a severe

suffered

Subsequently

years.

percent sequence

some

achieving

of the two

led

last

the

of

Buffalo

million in

both gross revenues

gap

and cash

yet to be closed at

million whereas-

$5

of

disaster

of $31

reduction

of the

magnitude
it

a 3

budgeted

historic

following the

This adversely affected

understates

hope

for

and .expectatio

premiums.. However

a traumatic

to

it

the Budget

reported-sum
the

hearing

Directors undisputed

placing

testimony placed

of $7 million.plus

Moreover undisputed testimony

conclusion that the $22 million Board
out of the Citys regular

siphoned

$9 million the earlier

at

$2 million in indebtedness incurred

an additional

an unusually severe snowfall.

at

it

of Education appropriation
stream and therefore

revenue

by

the

supports

was not
we should

on an undesignated basis
not expect a like sum to become available
succeeding.
years because that expenditure was a onetime event.

Cash flow

is

concerned

with the rate of inflow of incoming dollars which

When

characterized

by crests and troughs..

in the

year is not equal to or in excess of the aggregate payments

its

budget

the City

obligations.

TAWS which. indirectly
revenue
its

affect

suggests that

arguments

evidences
well

ability

an.

of ability to

to pay.

pay

is

the

necessary
surpluses which
million

in

appear

stamina and positively

confirmed
effort to

he has

fund employee

balanced

the

income

some augmentation

of available
over

its

in

flow

how

to

measure

income

to

expenses. generate

PBA

budget

to

ability to

striven
to

cites

the accrual

year which

of

grew to

to

meet cash

These

is

pay.

increase

The Budget

Director

the fund balance in an

cope with contingencies and reduce
flow shortfalls.

monies

budget in the next succeeding

in

related

by

budget year as persuasive proof of improved

undesignated fund balances
benefits.

cash

adequate

precisely

and the

19992000

enhanced

However even the fund balance
with

more

magnitudes

of

in the

consistently

upon borrowing

Citys assertion that
to

of the

provide a margin. of reserve

dependency

an

coordinated time wise. The true

are

the fund balance

$9.7 million in the 2000/2001

that

is

it

of

of

Notes

Anticipation

and interest charges.

prevalence

Excesses

fund balance

Tax

or

to tide it-over

pay by siphoning funds from
The PBA

ability to

In reality

ratio

expenditures.

fiscal

its

the

and expenditures

income

a $1.4

RAMS

stream to finance underwriting.

is

aggregate inflow at any point

borrow..fands

to

compelled

Anticipation Notes

Revenue

issuing

is

the

in

may

be

year without

carried

the succeeding

forward
year

We

support the

are not necessarily

it

required
raising

to

available

achieve

the tax

a

levy..

and regenerated perhaps
continues to contribute

to

Employers ability to pay by reducing underwriting and interest-expenses

...

 15

might otherwise be

which
position
thesis

preferable to

is

fund balance

any positive
the

Union

assertion

without merit as
and

salary

is

that the

it

was

fringe

-to.

take

support
its.

absorb costs

to

functions

safety

sales taxes.

The

first

16
of

I

PBA

as the

This

one

and

allegedly

readily absorbed. The fact

now

that

percent.of

Public

revenue

level.

constraints would

structure

Safety functions

that

after

longevity

it

began

which

pay

the Police Department

if it allocated

the

of funds

every penny

was

operating
real.

have risen to level 111

This means that Buffalo within
short

to

Department
which

sharply from 1999/00

Public Safety costs

fall

for

from real estate and

nominally 62 percent of the Citys total

consume

and sales tax revenues.

is

our

illustrated

received a 3 percent base salary

it

significant improvement .i

have risen to

estate

which

year

budget
rather

is

past

in

as

Buffalo expenditures

revenues

for the Police

1997/98

in

effect

adverse

plots

total

the.percentage

stable into the

increase

costs

which
its

somewhat modestly and then

by the

year cited

page

a percent

chart indicates

have been relatively
rising at

as

exception to

generated by substantial

without

improvements

in PanelChart

graphically

implied

Emit so long as

further

finding there has been a significant cumulative effect

public

the

Employers past claims of inability to pay were

able

benefit

We

maintained.

being

a lenders

for individuals

as

are unable

pay has not reached

to

ability

cities

We

a borrowers.

an employers

that

For

incurred.

with which

its

present tax

to

of tax revenues

sustain

its

to Public.

Safety.

While

the

foregoing

indicates

the severity

of the Citys financial plight one

should not erroneously infer that this unhappy circumstance arises because
the

PBA

the fact

is

has enjoyed lavish

increases.

that the total compensation

That

would be

far

from the truth

-as

package of Buffalo officers continues

 it
I.

is

CI

III

lip

.

RE
plus

of

%

RE

a

of

%

as

a
as

Revenues

Budget

Revenues

Budget

Department

Tax

Safety

Tax
Sales

ttsatI

Police
Public

Sales

plus

Revenues

S

r

h

.

.
t

afUi

%

_

bra

of

r

5.
kkf

a

Rky

14-vk7J

t
d

as
2000.012001-02

1

I

...._

YFY.r31

r
a

rr
1

.

.

r

w

...
Safety

v
h

V

My

V

a

sr

S

Sdj
a.y

Public

sNM1

q

i
r

f
rtr

5

V

for

99.00

t

orS
Panel

.

i3r

t

b7

nM11g4C.rF

Chart

P

hFi.zu$.reM
1MRiYIX

gi

s

M.

t.r

nil

t h

a

y

W

I

Jf.

n

m-d

.
s4
-

yv

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-

Expenditures

nY

..

Ps

liYL7

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a

4

Years

t
r
97-98

\

r

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r

y.

7l

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1ii.

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tt

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M
p

98.99

r

kxrRrtw.
..

N

Calendar

r

.

s..

.

96-97

1-.__i
-

ri0
Buffalo

ry
r

.

_--

e
fr

95-96

ckt
r
r-_.

94-95

s

--

_r

----

93.94

0.0%
80.0%
i00.0k
180.0%
200.0%

n6

560.0%

140.0%

120.0%

60.0

40.0

20.0%-

 17

to

of similarly employed

behind those

lag

it

as

colleagues

done historically. Panel Chart
since

Margin levels

II

page 18

occurred in Chart I we find sharp declines
tax levy as well

estate

The sharp rise shown
faulty

was corrected

tax margin plot

New Your

by

Were

the next year.

in

which

in the

is

Citys share of the real

misleading as
98/99

State in the

not for

it

this

and

the sharp increases

Real Estate Tax plus the Sales

its

in.

in the

issued

formula

as

have

plots Buffalo Tax Revenues

For the recent period

1993.

to

appears

ter.

it

Tax revenue.
arises

out of a

year which

budget

would have

error the plot

followed approximately the dotted line between 1996 and 2000.

The

and

basic

most

Public

cease

ultimately
recreational

vital

services.

Safety

employer responsibility
those services

If

A

functioning.

facilities

but

if

the public

safety they are of little value.
his
to

be exposed

Aid

State

to the cost

the

Citys

the Citys dependency

emphasized

City would. be experiencing

the

supports that assertion
doubled

between

as

reduce

repeat

the

this

one
until

Unions

it is

value

full

in order

fortunes

optimistic

may not

1993/94

consider

and though

that

pole.

The

solicit

State

continue to be a prominent presence

not

concealed
Employer

in

concur
the

in

past

the

may have engaged

has not accumulated

Union

and that
in

to

view.

it

to

to

be faced

undoubtedly

hopes

the Citys coffers

enriches

Buffalos ability to pay
is

a high wire act

and grasping
his

that

per

was compelled

development

Aid and

in his

Aid virtually

annum but by
City was compelled

It

concerned

and

it

record

most of

The City continues

insolvency
testified

In

million

and the

dropped

everyone

of

testimony

The

State

million.

the tax margin.

Buffalo budget

Mayor

pilgrimagesto Albany to

do

and 2000/01

materializes

over

outlined

the magnitude

Mayors

difficulties.

prospect has augmented

realized.

actually

balancing

retain

enjoy

Aid observing that without

around $150

average

to

forecast

while hovering

executed.

We

State

procedure for the year 2001/02.

with declining
the

the

rate

and

them in

testimony

that

The

reaching a level of nominally $123.5

year 2000/01

the

clear

it is

insurmountable

period the property tax levy hovered

to

and

options.

upon

and

schools

Public Safety functions are the last

the

shaving scalpel

circumscribes

good

in his

decline

will

access and

Director

effective

provide

city

offer

cannot

The Budget

closing procedure in which

gap

may

city

to

is

a

falter

state

and

frequent

does appear

aid

as

a

continuing

that

duty will

job description.

that

the practice

available

continues

a bit of hyperbole

but

has

been

time.

The

money
at

it is

this

clear that Buffalo

obscene fund balances and there has been

no suggestion

 SJEIIOG



 

Panel Chart ll 1

Buffalo Tax Revenue and Margin History

$160,000,000

$1 40,000, 000

$120,000,000

$100,000,000

 

"?Margins

18

$80 000 000 -?-City Share of Real Estate Tax Levy

*City Share of Real Estate Tax Levy Plus
Sales Tax Revenue

 

 

 

$60,000,000

     

$40,000,000 - 

$20,000,000

  

93?94. 9495 9596 96-97" '97-93 93-99 39-00 2000- 2001-
01- 02

5-

 

Yeats

X19

City has frivolously

the

appropriated funds to other projects

responsiblyshould have been devoted

The

City had

increase

the

in

the

in

year and $3
2.5

data

budget

30

Statement as of June

28

which

more

Safety.

million to

support a 3

percent

fund the carry forward of the 3

million to

percent increase in year two. These monies
the

presented to

2001 City Exhibit

when

panel

10 was

the

introduced

Financial

an

showing

unreserved fund of $9.7 million. $2.7 million of that amount

undesignated

had already been allocated
for that

of $1.7

funding

an additional

percent plus
were

reserved
first

Public

to

to the

second-year in the process of

The remaining $7

year

million

allocated

was

to

gap

closing

the third year

a

While City Exhibit-7
year which lies beyond the jurisdiction of this panel.
does discuss the third fiscal year its inclusion in the
which is in evidence
document

is

not the equivalent of

subjected

to

adversarial

million into
intent

the third.year

to conceal

of our Award

its

transfer

the

in

point

of $7

allocation

the term of the Panels

beyond

during the third year.

By way

of

to the $31 millionloss of State Aid in the second-year.

sum was

attributed to

a loss of

spinup

of permitting a municipality to book

practice

a term.which

an allocation

next fiscal year in the immediately preceding

in the

forthcoming

The

an impediment as the implementation

occur

necessarily

refer

$19 million of that

has been

which

presentation

debate.

may well have been prudent and executed without

but the fact of

will

we

illustration

At some

and

nonetheless here presents

jurisdiction

refers to

a budget.

examination

history Buffalo was

first

authorized

do

to

fiscal

and

this

year.
that

in

If no further action
were taken
$19
year $19 million was booked twice.
million would not have been forthcoming in the next
year with payment on.

schedule

being. reinstituted

did not occur

that

million

in

the

in

the third or next occurring.

second-year

as

another

procedure continued sequentially
2001/02
whether

budget

However

year.

presumably because the City could not do without the $19

The

year.

the 2001/02

until

Mayor

withholding

spin-up

the cutback

was

That

authorized.

was implemented

in

under -cross-examination.was

represented a permanent

the

asked

revocation of the

non-t
benefit

or merely an

budget year

he

was not

in

which

certain

action

which

they actually

about

would

become

whether

being permanently

he thought the

likely to

.restoratio

would
of

it

of

the former

presumably occur

due.

withdrawn

be the case.

spin-up

with the

The witness responded that
the payments
would be restored on a

timely basis or were
latter

synchronize payments

may

and further

opined that

Clearly the restoration. or

be very

significant

during the third year this Panel

and both unable and unauthorized to factor

it

into

its

but

since

it

would be unaware

thinking.

 20

As we comprehend

it the statutory

does not imply a binary choice

we

but that

is

clearly

We
and

are directed

Chart

III

private

the

that

CPI

several years.

Again

but

U

relying

We

Towns
the

1

-for

record

private
affluent
reality

the

first

all

the Erie

Buffalo regrettably

and

can be narrowed

it

is

in

is

surely

a period

This
kept

he

the

defined when

considers

a proposal which

differentials

have established

that

funds to support a 2.5

employer..

is

The

PBA

those differentials
withstanding

a $31

of this reduction becomes

the scheduled

State

Aid equaled.

from the property tax levy.

will

are

a harsh economic

colleagues in more affluent

to expect that

only minimize

without exceeding

the

it is

of their

the jurisdiction

that

the

all

some of which

them and

The. significance

more than twice the Citys revenue

no data in

Chart III includes

communities

employed

realistic

when

sharply

We

in

percent but thereare
Panel

not-among

not

reduction in State Aid.
one

County

similarly

million

compensation

sector

have not only

employees

in the poverty

share

employees

members have lagged behind

sought to devise

Panel

private

upon City Exhibit 2 and viewing the first and
weflnd CPI increases of 3.6 and 3.1 percent

the second year.

and

communities

conditions

working

communities.

a slightly higher rate

year was nominally3.2
to

that.

equitable

per City Exhibit 2.

County

at

have

encasing the City.

straitjacket

sector

rose

more

note also that the average wage increase of the contiguous

relating

sector

other possibly

the

a zero

We

the matter at hand.

between Erie County

for Erie

actually

second years retrospectively
respectively.

pay

to

perceive

alone would

standing

comparable

in-

earnings of private

pace with the

We

pay.

others prevailing

the relationship

annual earnings and the CPI
indicates

fiscal

employment

21 plots

page

identify

the

consider among

to

in

earnings

to

with respecting

consistent

in

only one option

considered that option but sought
solutions

no

This could of course lead to awarding

payments..

greater

increase

and

reasonable reach whereascomparability

Employers
justify

pay

magnitude of costs to maintain them within

to limit the

are obligated

requirement to weigh-in ability

between

any

We

have

broadening of the

Buffalos ability to pay.

City continues .t

percent increase. in the

hold in reserve sufficient
second-year

We

but has not

conclude
any money to fund an increase in the first year.
be
reached
resolution
the
of
can
a2
salary aspect
by awarding
equitable
reserved

percent

increase in

each of the two years.

an
1/4.

 smuoq

40000
35000
30000
25000
20000
15000
10000

5000

. 

Panel Chart Ill

Erie County Private Sector Earnings CPI

1996 1997 1998 1999 . 2000
Calendar Years

 

2U

00

 

Annual Earnings
CPI per City Exhibit 2

22

Accordingly

1.

out award

Effective

will provide

July

1

2000

all

by two and one quarter
2.

3.

Effective July

1 2001

follows

as

salaries shall

2/%

all

salaries shall

2M

by two and one quarter
The following chart page
the Agreement

23

be increased

percent.
be increased

percent

shall

be appended

to

 23

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POLICE

c

Our
the

D ODrI2Crivaa
POIINSteclvns

focus
first

Hence

at this juncture is

year.

the cost

$1285000
increase

C1TAXN

for

Each

1

on the funding of the 2 1/4 percent awarded

percent of salary aggregates

of financing

a 2 1/4

to

for

$571000 per annum.

percent increase will equal nominally
It
may be necessary to fund this

a each of the two years.

through staff reduction

to effect

an offsetting saving.

Utilizing

the

 24

Budget Directors figure of $60000 per year per position
a reduction

of 21

zero salary

we

choice.

of nominally 790

work.harder

to

compulsion

be mollified

may

complete

colleagues

in the

Neither choice

respond

to a

and

resentment against

by the knowledge

point

encourages

in

this

We

option.

situation.

increases

III

undoubtedly

that

aware

prone

demands

it

improvements.

Panel Chart

County

improvements.

productivity

in

improvements

productivity

of this option

the limitations

create

at

morale

their

support wage and salary improvements.

We

to

be

course of action

maintain.

in Erie

to

acknowledge

it

productivity

of

impact

employmentsituations may help

are

to

differ in

should

a lay-o$

preferable

employment

the

reflected

be

the

poses a dilemma.

may readily

people

Beyond helping

enjoyed in private

should

is

vis-i-vis

status

thatthis

believe

innovate and devise

the parties to

The

Employees

desirable

not always desirable

required though
this

recognize

a
the

that

attempted with less

compensation

one and reasonable

a happy

is

their

We

region at large.

the less

identifying

maintain

to

success

lead to
between

esprit de corps

employer bas-under extremely difficult circumstances
than

is

are likely to

whose

officers

would

perceive

adjustment with diminished morale and

a force

retaining

the

of nominally 815 officers who

a force

retaining

Thus

positions.

this

for

as severe

overtime

more

staffing

and

reductions

become

therefore

counterproductive.

We

face

may

a second problem

in

not be retroactively

jurisdiction

has_

adopting this remedy

applied

As noted

already expired.

salaryamounting to nominally $2.57
year in addition
increase.

We

to the. monies

third

year and we acknowledge

staff

reductions

lieu
to

million will

reserved to

it

maybe

that

if

the

necessaryto

that

staff

need

to.

this

pay a 2.5
which

cost

is

borrow.

year

percent second-year

may

to

panels.

first

be paid in the third

be available in the

be offset solely through

Such

action

of seeking sharper staff reductions in an effort to recoup

discharge an obligation

adjustments

earlier the retroactive

not privy to the resources

are

is

twoyeartermof

and the

would be

in

funds required

incurred over a two-year period in a shorter

period

of time.

The

PBA proposes

PBA

fully paid major medical

We
is

14 that

Proposal
coverage

and

all

the City

existing

commence

riders

providing

upon retirement

deny that proposal as at best only a very small margin of ability to pay

available

and

it

should be allocated

to

higher priority proposals.

 25
The

second

upgrade

GM

with an

prepared for a 2 1/2

2

awarded

1/4

percent

a

Preferred

is

for

the

We

Plan.

of June

29

in the

second-year and

residual

the dental

The

salary..

1/4.

as

is

has

we have

which

percent

may be

upgrade. There is of

program
this

City

benefit

it

as

functionally

with the inception of the third year. The Award will provide for

effect

CBA

of the following in a successor

the inclusion

XXI

Amend

exists

of

percent

cost associated with

course no retroactive

Article

there

defray half the cost of

to

employed

percent increase

15

Proposal

GHI

the

shy of $300000 per annum and

just

the equivalent of nominally 1/2

therefore

takes

is

to

implementation date

effective

cost of this upgrade

The

PBA

proposal

One Plan

Spectrum

support this proposal
2002.

PBA

health-related

of the

Section 21.3 Dental Insurance

paragraph one to read as follows

Effective June
cost

to

30 2002

the

the City shal provide

GHl

employee

preferred

at no
Dental

Coverage.

The Citys
from

first

implementation

of services
possible.

or

It

charges.

and
is

three-tier

We

therefore

to sensitize

consumers

the
to

with increased

consumers

support the Citys petition

drug

prescription

CBA to

Organization
responsibility

by

the
health

in

changes

requirement

of the three-tier

implementation
provisions

30 2002

prescription

Health

care

providers

of the individual

the

arising

HMO

read

co-pay
out

of

co-pay

Maintenance
shall

subscriber.

co.

and the Award will

of the following in the successor CBAArticle

June

HMO

the cost

prudent purchasing where

encourage

paragraph in blue book 7/1/86-6/30/88

Effective

l.

to

is

21.1

Add fourth

R

thereby.

drug. rider by

prescription

therefore appropriate to burden

provide for the inclusion
Section

to absorb costs arising

of co-payments

products

17 is to be insulated
as a result of the.

proposal City Proposal

liability

of the

The purpose

providers.

pay

health-related

responsibility

be

the

XXI

 26

There

is

a second outstanding

limited to

is
its

of the three-tier arrangement

adoption

a grievance

precipitated

resolution

awaiting.

issue relating to

the co-payment

HMO

provided by the Univera

coverage

in

against

on

1
PBA

July

City by the

the

as

This change

which

is

currently

to

responsibility

this

a matter of retained jurisdiction.

PRA

The

with

subscribers

XIX

2001

to

authority over that

adjudicatory
Panel

1

HMO

for arbitration
of

responsibilities

co-payment

possible

July

demand

its

the Univera

to

commencing

this

withdraw

shall

concerned

Article

2001.

This award will provide for the withdrawal

arbitration.

of that demandfor arbitration and ceding adjudicative
panel

change which

plan which-scheduled

for the

plan

30

June
matter

period

2002

with
to

being ceded

as a matter of retained jurisdiction.

Section

- Uniform

19.1

Equipment

and

.Maintenanc

Allowance

Allowance

19.1

Effective

July

1

2001 the City she

L

.pa an annual

uniform allowance of One Hundred and Fifty
Dollars.

Such. payment

September
Buffalos second
require

all

30th

employees

lowest cost plan.

who

are

now

coverage

4

percent

inequitable

hired
for

people

contribute
4

cost

affected

health-care

the

is

of that

employees

option

to

and the second

hired prior to July

1 2000

and family

employees.

believe

proposal City Proposal

make no out-of-pocket

two

lowest

price

25 percent of the cost of single

of family coverage

We

would be

that

of the lowest price

HMO
coverage
option.

13

contribution

plans

be

is

for

of implementing this requirement for the

newly

if they

opt

required to

and 15 percent of the

We

support the City to

_

the extent

is.

denied.

related

currently

under

the cost

affect

only 25 and 15 percent for individual

and the proposal

coverage

12

City Proposal

the more expensive options to pay 100

The added charge would be the equivalent of a 3 to

cut an

who

to

between

This would

respectively.

The Citys third

proposal

related

subscribing

contributing

pay

$150

be made on or before

of each year.

health-care

percent of the difference

shall

first

four years of

 27

which the benefit will be provided on the same basis as for

after

employment

people employed

to

prior

the

Accordingly

of

implementation

our Award will provide

new

this

for the inclusion

provision.

of the following in

the successor agreement

U- Section

Article

Add the

21.1

following provision

hired on or after June

All employees

25%

twenty-five

pay

fifteen

15%

core

the

core coverage

the

premium for

percent

expensive Medical
time of hire. If a
the

more

to

percent

of the

to

new

the

hire elects

one

foregoing

core

4

of four

become

to June

The

30

the same

coverage.

years of service

require

new

without making

now employees
contract

between

rendered service

as for employees

related

heretofore

believe

to

proposal
continued

commence

coverage
hired prior

with

the

HMO

City Proposal
to

receive

the proposal violates

at least

in

retirement.

that

We

he/she
therefore

would

coverage
basis.

an implied

the terms of which

reasonable expectation
coverage

14

HMO

doing so on the same

the retiree and the City under

provided fully paid
proposal

who

contributions

We

with

on the same basis

2002.

Citys fourth health-care
retirees.

of the

cost

the.

in

100%

hundred

as for longevity entitlements anemployees
shall

least

contribute

will

dates being calculated

anniversary

Core

the

enrollment in one of

difference between

completion

of

consist

Insurance Option available at the

selected plan and the cost of

Upon

for individuals and

expensive plans he/she

addition

shall

monthly

of the monthly premium for

understood

.i

the

for family coverage.

coverage

coverage

30 2002

of

percent

as

social

the retiree

would be
deny the

 28

1
V. Other Proposals Included in Award

PBA

FuneralRelated .Expense
The Union

for

has petitioned

Proposal

a provision

9

which

would

in

connection with the interment of an officer

such

tragic

provides for the establishment
by

the

Accordingly

the

by

This

In

of

$25000
the

amended

it

panel

and

reserve

be

incurred

of duty.

and we think

a tribute.

Employer

shall

Agreement

successor

line

in grief

of a jointly-funded

contributions

equal

expenses

inthe

extend to funding

appropriate that their partnership

funded

killed

circumstances the parties are partners

the Employer

obligate

provide as much as $15000 to be used for funeral-related

to

be

Union.

to include

the.

following

Article

XXXI- Funeral Expense Fund

The

and

City

the

Fund

Expense

$25000

to defray
which.

costs

interment or in paying
the

line

The

of duty.

to the baud

hundred

City. and

$12500

administered. by
maintained

in

the Police

Credit

funeral

provide

Union.

thousand

which Fund

The money.
The

accounting

be

with equal

contributions

days

upon

replenished

following

the Fund

regarding

killed

in

five

shall

be

shall

be

a separate interest-bearing account. with

funds shall

calendar

in the

shall contribute

of twelfth

each

and

expenses

be incurred

PBA

PBA

shall
promptly
from the fund and

advise the Clty of any withdrawal
shall

dollars

to an officer

the

PBA.

the

Funeral

a

thousand

may

respect

with payments

dollars.

establish

shall

twenty-five

be used

to

related

directly

PBA

of

request.

by the
by each

within

be submitted

PBA

thirty

Any

disbursement

shall

Expended

City and the

to

30

dispute

expedited

arbitration

Longevity Allowances

PBA

proposes

longevity
terminates

PBA Proposal 8

an officer

become

allowance in his/her
afore the

entitled

final

year

to

a pro rata

of service

individuals anniversary date.

We

share of his/her.

where
conclude

employment
the proposal

 29

is

supportable only as

a

does not. impose

it

cost

anniversary date

his/her

relates to

burden
would

severance occasioned by retirement.

on the

City as

collect the

full

however

a

annum

longevity allowance will be replaced

in

moment

retiring senior

officer

who

More

increment

This

delaying until
significantly

may be drawing over $2000

not have qualified for a longevity

will

an individual

who

by a new recruit

The

allowance.

per

at that

of

granting

this proposal should in.fact provide Buffalo with a small annual
saving and
the.

successor Agreement

Article

XXIII

to include the

following

P--Longevity

2001 an Employee who

1

Effective July

an

be amended

shall

is

retiring

on

date prior to his/her anniversary date shall

effective

receive longevity pay pro rated on a monthly

be calculated

basis to

1/12 th of the

by multiplying onetwelfth

annual

frill

entitlement by
the number
of
fully
months of service commencing with his/her

completed
anniversary

date and concluding

with the effective

date

of retirement.

Uniform Maintenance PBA Proposal 11.
The expired Agreement provides for the payment
used for the care
is

inadequate

grossly

PBA

and cleaning

an

proposes

of uniforms.

having become

increase

to

contends

this

uniform

the

asserts
is

PBA Proposal

to the

is

cleariy.much

of $50.raising
will

would
I

The
_

to

justify.

in other jurisdictions.

add about $565000

percent of wages.

the

but neither
too costly.

A

over $70 million.
as follows

to

its

The City

panel majority does not
in 1989 continues to be

can

we

We

have settled on a nominal adjustment

per annum

Accordingly

annual cost which

its

subscribe

to

allowance to $150 per annum effective

add a modest $40000

to state

practice

seeks

be.

allowance

1989.

September.

amd

notion that an allowance established

entirely reasonable
which

in

this

money is intended only for washing and cleaning of. the
and that it is therefore entirely reasonable.
The City.

the nominal equivalent of

subscribe

effective

$675 per annum

proposal on the basis of comparable

Officers

of $100 per annum.to

PBA pleads that

to

be accommodated

the Union proposal

July
in

1

2001.

a budget

This
of

the successor Agreement shall be modified

 30

.

l

XIX

Article

Section.19.1-Uniform

and Maintenance

Equipment

Allowance

19.1

Allowance.

Effective

1

July

Such

Dollars.

the

2001

uniform allowance

of

payments

an annual

City shall pay

One Hundred
be

shall

and

$150

Fifty

made on

or

before

September 30th of each year.

PBA Proposal 1Z

Paychecks

The

that each

Union_ proposes

envelope

distribution

to

prior

information to anyone

change
hire

f
1v1y

which

to

employee

The panel concurs

afford

and

confidentiality

that

that

in

may breach

be folded over and stapled

stapled

Article

identification

checks

stapled

4

new equipment
of which

neither

an

officer

is

it

entitled.

this.

or
can
to

have further deteimined that the stub

The

of paychecks

information while

successor Agreement

with the stub folded and

the successor Agreement

Accordingly

shall

G
shall

to

be delivered with the flap folded -and

conceal

Detailing

PBA Proposal 18

Detailing

in the

of his

that

fully visible.

amount

the

deductions and the nature

outside

ttue need.for

following

II Section2.1.

Pay

not shown

concealing the personal

provide for the delivery

the

assertion

We

entitlement.

or otherwise secured.

incorporate

the.

of confidential

checks are deposited

personal information appearing on the. deduction

may

will therefore

PBA has

the

perform the function

stab

leaving the payees

the

on which

require the City to either purchase

would

an additional

be placed in a sealed

paycheck

order to prevent disclosure

viewing the table

The City maintains

for pick-up..

officers

in

of

the

present context refers to the practice
patrol

district..

check

and

thereof

While

some

of assigning an officer

detailing

has

long

been

 31

permissible Buffalo sought to-broaden the number of permissible
for

to

resorting

The

detailing.

Union

opposed
be

would

it

used

conditions

of

extension

any

make

to

the

96-035
Employers

options
and

assignments

contending

This issue was

staffing levels.

Award by a Compulsory

M 96-297

between

need for greater
delineates

it

The

Award

for

further

PERB

under

basis for

interest arbitration panel

its

as the Rabin

detail

officers

of the

in recognition

of any

Award

The

personnel.

rank between

the language

provided

is

to

the Citys utilization would be

which

future

proposed

changes admonishing
any
the parties experience with this

consider

to

to

right to

officers

that

maintaining

Case No IA

referred

is

of

detailing

specifies

solution

monitored and providea
future

the deployment

guidelines

a provisional

constitute

which

extend the Citys options

did

flexibility in

specific

Districts.

by Robert Rabin

long-term

of.

verysubstantial detail in an

panel

denied the City the absolute

but

Districts

in

addressed

Interest Arbitration

chaired

This Award

Award.

wholesale transfers instead

implement

language.

The

o

PBA

claims the City has abused the provision

and has been

have done so in a grievance arbitration before Arbitrator

5000 grievances have been

morethan
to

the

rescind

determination

Panels
process
that the

and

evolved

filed

award

Rabin. provisional

after

overtime

overtime

expanding
-

opportunities
that

acknowledges

is

primary dispute
of grievances

is

If

expenses.

opposed

consistently

City

It

and

further

the detailing
of

over the purpose
in

argues that
in

argument
it

the

the

all ocate

Rabin

hearing

manpower

PBA

the

that

rights in

to

was well understood

ability to

charges

has

an effort to increase

attendant

course

1561 grievances have

not

its

found

advises that

It

the present panel

petitions

argues that

was aimed at improving

effort

Citys

it

extensive

and later in executive session.

reduce

and

The

Pohl.

The

costs.

been filed

but

asserts

City

that

the

of the detailing and argues that the filing

and of itself evidence

of abuse.

It

argues that

the

one case brought before an arbitrator led to a ruling in the Citys favor and
pleads

that.

if

the

City were to lose

manpower most likely shortages
on an overtime basis
more overtime and

The

single

record as

basis that there
violated

or be neglected.

either

Exhibit

was
the

decision
9.

In

it

insufficient

CBA

to

districts

Buffalo.

should not be expected

it

arbitration

PBA

or be curtailed in

in certain

which

arbitrator

its

ability to

would

argues that

to neglect

its

deploy

need to be filled
it

cannot afford

responsibilities.

both parties refer appears

in the

Pohl. did deny. the grievance on the

evidence

and/or the Rabin

from which
Interest

to

conclude

the City

Arbitration Award.

The

 32

as we perceive

fundamental difficulty

in arbitration despite

been tested

await adjudication.
broken

problem. but

it is

before

This panel
it is

more than 1500

not empowered to

in

need of attention.

because

the

presumed
parties to

establish

It

few

of the Rabin

provisional

thereto

important for the

is

we

sufficient

process.

support for

Arbitral resolutions

language.

1500 grievances should

of the

address the
Other issues

and efficient arbitration

effective

In dealing with the detailing problem we do not find
revocation

arbitration

proposals relating

an access to a working arbitration process.
a resurrected

grievances

because the parties

is

sorely

denied basically

were

us

down.

obvious that

Award has not

the Rabin

that

is

arises

This problem

process has

it

the fact that

out

flesh

of but a

the

re-establish
the provisional

provisions.of

language.

be

therefore

urge

system and hold that

arbitration

a working

language. should

believe

We

extended

.i

and

force

full

the Rabin

effect

skeletal

the parties

in.

to

provisional

the

successor

Agreement.

The

Rabin Panel

on

preserved

Award

the

respecting.

shall

Detailing.

basis in

provisional

existing

be
the

successor Agreement.

Overtime.Procedures city Proposal
Under

the

Inspectors

16

Agreement overtime must be. offered to Captains or
contends this limits effective
on a seniority basis. The Employer
expired

as for example

supervision

where there

may have

the call-in of a Captain and the City would.be
senior

Captain

situation in

special

is

Inspector
unless

than the homicide

rather

a particular

he/she coincidently

the City

is

District in

protests stating that

the relevant

it

the Inspector from that

be the most

has gone

to

Rather

Inspector from another
with the problem.

arbitration

several

Agreement and

command

a

is

of the
district

senior Inspector.

to the senior

provision in the expired

Buffalo has yet to pay the grievant a

the.most

call-in

if there
Similarly.

the City who will not subsequently be involved

The Union
enforce

to

call-in

or the overtime

to

required

happens

to

required

Captain.

and the overtime involvement

district

required the City cannot

been a homicide requiring

times to

claims that

pursuant to the

officer

last

award. The Union charges the City Proposal would serve to give the
Commissioner of Police total discretion
provision
least July
the

first

which

1

the City proposes

1986

and

it

opportunity to

to

ensures that

work

in

awarding

change
senior

available

overtime.

has been in the
if

officers

overtime

-

a

It

insists the

CBA since

at.

available are -given
fair

and workable

 33

j

q

The more important assurance

procedure.

elaborates

it

is

that

it

thwarts

Commissioners from rewarding friends to the detrimentof others.

We

the Citys logic to be compelling.

find

and absolute

standard

who

Inspectors

for assigning
the

are

and regular

specialties

Relying upon

senior

chiefs without

functional

departments

assignments indisputably

shad include

Article

In the

is

required

for the

Chief

Division

Standards
or

the

assignments

Captain

Narcotic

in

available

Detectives
Professional
Cases

Major

Captain

determines

of

Professional Standards Division Inspector

Captain

successor

following

the Commissioner of Police

event

overtime

operation

the

Accordingly

to

1

Section2.6

II

the

a sole

regard

efficient

impedes

and we support the Citys proposal in principle.
Agreement

as

seniority

namely Captains and

officers

their

overtime

be

shall

Said individuals

offered to said individual

have declined

first

shall not.

be eligible for any other rank overtime unless
eligible individuals

Unit

respective

all

other
to

opportunity

the

work that overtime.

Except
to

as provided

replace

a

above in the event of the necessity
or Inspector
the most senior

Captain

-

officer of the rank to be
shall

within the

be given the first opportunity

and-said

shall

opportunity

applicable rank based

on

not accepted- pursuant

seniority.

their respective

are intended to

lead to

If

to this Section

through

the

the overtime

is

the least senior
fill the

shall

assignments and

the distribution

assignment

work overtime

to

likewise pass

within the applicablerank

officer

The terms in

filled

vacancy.

rrwithin

of overtime

the.

assignment

consistent with the

following illustrative and non exclusive examples

When

an overtime need

assigned to the Major
operation

arises

Crimes

Unit

related to a homicide

Captain

if related to
f

the narcotics Captain should be assigned

it

should. be

a

narcotics

if the assignment

is

 34

C

in

it

District

meeting

is

crime wave
District

is

should

be filled by

there

A

the

building a

new

District

to

C

in

Districtif a

Distrid to address concerns

B

the

District

B

about

.Inspecto should be assigned

if

a

Inspector should

attend a meeting relating thereto.

Disposition of Other Proposals before the Panel

Death Benefit

PBA

The
life

the Inspector

headquarters

be assigned overtime required

VL

A

called with citizens of

PBA Proposal 2

proposes

a substantial

Award

coverage

insurance

increase

$25000 double indemnity

in the

by a prior panel Cugali in the event

of a

Line of Duty death..

We

the

find

provision in

to

comparable

prevailing

the

We

be

to

Agreement

expired
elsewhere.

practice

reasonably

to support this

decline

proposal which would unnecessarily add to the Employers cost burden. The
proposal is denied

%ift Differential PBA
PBA proposes-. that

The

3

Proposal

the present night

shift

differential of.

hour be increased- to 5 percent of the hourly rate.. It.argues
allowance has been in effect

since

1986 and

the Union Proposal would

that

responds

The city

clearly deficient.

is

add

cents per

1.5

that the present

$725000

per

annum to

its

costs.

We

more generous

find

period of austerity

we

shift differentials

do not view

to

be

in-

elsewhere but in a

effect

a high priority item and are-not

this as

disposed to add to the Employers cost burden. Theproposal

be

PBA proposes
to

permitted

officers

in

an increase

in

vacation time and further that

take vacation in half-day

currently

counterparts
officers

receive

substantially

units.

fewer

Amherst and Cheektowaga.

The

It

they may already take three scheduled
off-days thereby enjoying

off-days
I

I

vacation

days

City.responds

plus

sequential

employees

argues that

a ten-hour day on a 4-on/3-of74-on/4-off

work

scheduled

denied.

PBA Proposal 4

Vacations

The

is

cycle-

that

Buffalo
than

do

Buffalo

under

which

4 vacation days plus
days

4.

off the job while

drawing down only four vacation days.

We
also

find
find

that

other jurisdictions

that

Buffalo

while

do provide
lagging

longer vacation time.

behind

Rochester

in

early

But we
years

 35

favorably in later years.

compares
lags for

the

point that

in the Citys

working approximately

work whereas

ten-hour

the

with

comparison

we

eight

hour five-day

We

only 105 days off

off per year. than people. working a more conventioaal
in

week..

light

we

resources

conclude

City urges that

pursuant

PERB

to

PBA

Group Life Insurance

PBA

relies.

prw
The

panel denies

Citys limited

financial

barred from

is

this

considering

proposal

noted earlierdeclines to consider this proposal.

This proposal differs from

PBA

eight hour five-day

Order.089.

as

but

and

that

65 more days

5

Proposal

Panel

the

The Panel concurs and

death

the

work

weeks

persuaded

are

this proposal should be denied.

Settlement of Disputes

The

consideration

merit

170 days off from

Buffalo officers enjoy a distinct advantage in that they receive

of that

find

and cycles results in an officer

shifts

traditional

people working

Buffalo

Syracuse

Moreover

thereafter.

195 days per year and receiving

per year and receive

260 days

In

10 years but surpasses

first

this

upon

6

Proposal

PBA

Proposal

the same

proposal

2

supra in that

arguments

same

on the

it

employed

basis

as

in

a

relates-

to

in

earlier

the

of

case

any

PBA

Proposal 2.

Vacation

lna ements

PBA proposes

The
hour

and

increments
unused

converting

PBA Proposal 7

that

an officer be permitted to take vacation
further

that

time

vacation

officers

and

be

provided

days

the

time to

personal leave

in.

option.

five

of

leave

sick

accumulation.

We

deny the

in the

latter

two on

the basis

hearing process and

we

that

they were

not discussed or debated

deny the former on the basis

that

we

have

already found the vacation provision not to be inadequate.

Education Stipend

The

PBA proposes

basis of comparable

$556000

to

expenditure.

its

PBA Proposal 10
extensive
practice.

educational

improvements

in educational

The City argues
stipend

costs

that

this

nearly

allowances on the

would

add nominally

doubling

the

present

 36

The Panel

education monies

be well

to

that

spent agrees

it

support an increase in this item at a time of austerity and the proposal

cannot
is

while believing

denied

PRA Proposal

Holidays

PBA

The

13

6

City Proposal

the 60 hours of holiday pay provided under

increasing

proposes

the expired Agreement to 120 hours per annum on. the basis of comparability
communities.

with comparable
which

Award

the

for

designated holidays

leave of absence
save

We

in the

pay

per annum

through

straight

hand

at

Buffalo estimates

leave.

of

adoption

other

time

payroll

by persons on

its

in

is

it

In

proposal

panels modification the City

The Union on the

out.

Rabin

The City

on the

on active-duty

employees

suspension or administrative

$270000

proposing a wage

achieved

toward and revertingg

proposing revocation of the Rabin

hours

was

holiday while excluding entitlements

time of the specified

would

This benefit

hours of holiday pay to prior practice

revocation of the Rabin

proposes
for the

.1

added

in effect

seeking additional

seeking an added wage increase.

is

have earlier addressed and exhausted

the

wage

and at this juncture

topic

deny both parties proposals.

PBA

The

PBA Proposal 16

of Criminal Charges

Defense

accused

proposes

the

of engaging

in

course of performance

criminal

of his/her

favorably disposed of

of a provision

addition

shall

conduct

duties

that

under

which

an

officer

occurred in the

allegedly

and where thereafter

the charges are

be entitled to reimbursement for attorneyfees

proposal-stating

disbursements and other litigation

could be very costly

that

procedures which

investigatory
decision

to

was

Furthermore

understood.

which

initially

solutions

PBA

officer

own

the Citys

impede

in

reaching a

sell

toward

this

back

comparable

proposal but

the matter was more complicated than

it.

presented potential administrative
is

in

initially

problems for

denied.

PBA Proposal 17

seeks to increase

may

prevailing

would

were not readily apparent. This proposal

Sick Leave Sell Back

The

favorably disposed

session concluded

executive

it

would generally be involved

seek indictments.

Panel

The

expenses. lie City opposes the

and that

the

upon

number of unused

retirement

practice.

The

It

sick

bases

City opposes

leave days which

this

proposal on

an

cited

the proposal which

if

 37

I

j..

would

adopted

more than

allegedly

the existing cost

triple

of sick

leave

buyback.

Panel

The

views

sick

ensure employees

and like any insurer

work due to

it.does not anticipate

into

they have grown

regrettably.

a

that

sick

Especially in the

entitlement.

limits of ability
up against the

Retirement

Disability

The

PBA

the

Social

of

all

and the Union

benefits

cannot afford

alter

of a vacation day

we

have bumped

proposal must be denied

retirementpursuant to

of disability incurred in

a result

as

age..

argues

other public

as
to

But that does not

granted accidental

officers

mandatory.service retirement

same

and

abusing their entitlements

not the equivalent

pay this

will

have evolved

the

duty continued supplemental payment by the City to
at full salary and benefits until such time as he/she reaches

maintain income

Fighters

to

self insurer

individual

practices

present circumstances where

Security provisions

performance

is

which

PBA Proposal 19

seeking for

is

Buyback

a

is

every covered

a common.practice.

day entitlement

policies

number of days

total

The Employer

that

workers from

dissuade

be insurance

a specified

illness.

alone a maximum claim.

let

out of a desire to

the fact

to

arrangements to

salaried losses for

against

when they are unable

make a claim

leave

pay

that

This

a benefit

employees.

safety

who

individuals

is

are

by Buffalo Fire

enjoyed.

members should be

its

The

entitled to

City

not working when

the

reiterates

it is

that.

struggling

it

to

pay current offices. who are working their salaries and benefits. It further
that the State Retirement and Social .Securit programs
provide for
urges
retirement and that the City contributes

accidental
State

Fun4

Pension

views

The Panel
officer

a benefit

sums

to

City

fair

andprobably

However upon determining the

the likely costs are substantial

out of reach at

this

the

unfair to deny a police

provides and presumably

recognizes to be

potential cost

of this

we. were dissuaded from a more thorough review of the merits as

concluded
provision

significant

those protections.

as not entirely

which the

to firefighters.

justified
benefit

it

to finance

and irrespective

we

of merit place the

time.

.

Work Schedules
The

PBA is

a 4-on/4-off/
pay and

is

PBA Proposal 20

seeking a changed work schedule
10 hour schedule.

It

proposing give-backs and that

have to continue
schedule would

to

work the

reduce

through the implementation of

argues that the City

current

the officers

schedule.

is

refusing

to increase

therefore should not

The adoption of the proposed.

annual work hours but the Union contends

it

would.

 38

have

little

very

would

have

impact on the patrol
little

very

claiming that

impact

reduce the schedule

schedule would

The employer contends

year.

The

district.

the

City

workdays to about half of the days in a

the new schedule

would

The Panel
officers

holds that the Unions fundamental rationale

first

in

are

proposed

fact

PBA

productive uses

it

states

conferences

refers

to

has been conferenced

the

are

discussions

Union

claims

denied.

supposed

to

The term
on

bordering

along with details about what transpired.
is

not considered to be disciplinary
of.

maintains there

there

since

it is

concerned.

perhaps

is.

is

may be instances

where

action

any conference

and

within

no compelling reason

no impediment to the affected officer

doing so if he wishes to invoke Union involvement
there

is

should be notified within 24 hours if an

it

Moreover the Employer

for notifying

spared

unproductive

the answer in our

This proposal

no compelling need for the Union to know

24 hours.

been

be some

may

provisions

supervisory

and the Union asserts

The City asserts a conference
is

flawed as the

21.

as notification

there

is

and. have

formalize an understanding
here seeks to

insofar

officer

there

for that time.

have in effect

discipline

benefits

the existing scheduling arrangement

PBA Proposal

Conferences

while

Secondly

arising in

to find

some added

receiving

give-backs.

redundancy

The

add over $104000
be the equivalent of

55 full-time officers.

a losing

is

this

adoption of the proposed

worth of lost time to the departments burden and would

view

that

disagrees

the

In fact the Employer

member chooses not

to

share this

with the Union.

information

The panel

finds

the

Citys

argument

information to his Union

communicate

that

the

affected

officer

is

free

most persuasive and the proposal

to
is

denied.

Indemiuficafion

PBA Proposal 23

This proposal

similar to

but

it

here

is

seeks

PBA

reimbursement

Proposal
of

been denied and thepresent matter

S

Messages
This

PBA

proposal

publicizing
actions taken

is

Proposal
for

pending
against

a

16

Defense

of Criminal Charges

incurred costs.

Proposal

16 has

disposed of similarly.

24

provision barring the Department

disciplinary

an

is

PBA

officer

actions

or

circulating

except on a need

to

know

from

internally

information
basis.

on

The City

 39

maintains the officer

Law

50-a

section

is

New

by

already protected

and that the City

is

York

bound

legally

State

to

Civil

Rights

with that

comply

section.

In

reviewing this matter
take no action

therefore

we conclude

the parties

Salaries and Hours of Work City Proposal

The City proposes

to

work

change

Personnel assigned to headquarters.
10 hour 4-3/4-4

schedule which

195 days to an 8 -hour wodc

In each case

days.

assigned

to

agencies

or

each case

In

of 3

it

2

seeks to convert from the

schedule which

community
fact

them

require

working the more

groups.

that they are

-to

also

than 195

employees

are

with -other

interact

typical

over.

would

rather

the affected

argues that

regularly

3

and

Detectives

work hours per year

1946.6

requires

day on. a 5-2/5-2/4-3

the Employer
which

duties

The

schedules.

the shifts of each

of.

and Inspectors

work hours per year but spread over 243

1946.6

constitute

We

1

schedules.

1 Captains

namely

groups

separate

do not truly disagree.

on this proposal

five-day 8-hour

on duty when they are unable to contact

and work with these other persons because they are on duty at times which
do not coordinate with the conventional
and

inefficiencies

when

We

The

interests

of

to

the

upon

employees

year than was

We

productivity

views

the

of a salary

for reporting

required..when

should

schedules

because

required
people

is
to

a

to.

.

deployed

we

in that

vital

the

to

both
the

differential to

the

10

hour

Employer. rejected

without

interchangeable
the

require
City

valuable benefit

can readily

the

the

compensate

schedule.

in

its

same

opposition to

argument

in asserting

as people working

schedule.

and repeatedly

hours charged

had
that

advising

but contends

of

salary

work

hours

PBA. Proposal
that

the

4

10 hour

that schedule

are

to 243 days as do

Buffalo emphasized

that

of

duty

enjoy 13 sequentialdays

against

We

further

number

on only 195 days per year as opposed

having only 40

view.

long-term

adoption of the Citys proposal

the

working

working a normal 8 hour five-day

10 hour people
while

be

work on approximately 48 more days per

a most persuasive

very

report

be

Yet

per year.

Vacations offered
schedule

to create delays

any requirement for a differential to be. unacceptable

considerations

1946.6

said

effectively

be

to.

have proposed

payment.

proposed a 5 percent differential which
it

is

support the Citys proposal

enhanced

of both parties.

contingent
affected

police

inclined

are firmly

personnel cannot

are unavailable.

their contacts

implementation

workdays

their

vacation

entitlements.

 40

in

However

_

its

promoting

be the standard

year should

should be hours worked.

the City

and proposes

This

denies

that

the

per

its

prior

persuasively

conclude that a petition to switch

to

personnel from the 10 hour schedule to a five-day
providing some

days work

that

more rational standard

a complete reversal of

is

and we are constrained

rationale

argued

1

Proposal

differential in recognition

8 hour schedule without

of the diminished benefit must

be

denied.

Salaries

and Hours

per year where

manpower levels four times

to adjust

restricted to

currently

make

well as to

as.

is

license

seasonal demand

for

account

contractual

The City asserts

once per year.
to

it

2

of Work City Proposal

The City is seeking

such adjustments only

making

should be able to adjust manpower levels

it

like increased

waterfront

or

adjustments for retirements

impacting a particular

district

The City emphasizes

shift.

or

preserving existing procedures such as the Transfer
which

takes

as

the existing policy has been in effect
l.

to

vacant

should

be

development

since

contends
on

as determined by the Commissioner.

seniority

is

development

In effect

a seniority

upon the Commissioner

friendly

individuals

protests

that

Commissioner
adjust

it

manpower

charges

may

that the

adjust

on

levels

shifts

all

City

is

shifts to

in place

and preferred

within

endowed

is

seeking

been

empower

more frequently

manpower and

patrol assignment

It

and

contends

career
for

that

and career

Citys

is

since

proposing
1967

with

can then exercise preference and place

and

already

now

but further

shifts

operational

asserts that the

has

positions

seeking to

argues

levels

compensation

required

who

into -desirable
is

that

for transfers

operational

supervisory

the Union

system which

reliance

the City

responds

not even a determining factor but one of at least

factors.

manpower

to

assigned

supervisory

proposes

not only proposing that

is

available

factors

seniority

it

and Procedures

provides

on

including the non-specific

replace

the City

than the officers

and.

1990

that

or injuries

only a reasonable

seeking

transfers to

four factors

to

is

based

group

latter

PBA

be based

for other

that

proposes

this

The

positions
continue to

bidding

it

Policy

manage the workforce. The Union

right to

its

account

into

seniority

of

application

summer

activity in
illnesses

the
all

departmental

with contractual

due to do exigent

latitude

shifts.

It

Commissioner to

within which

further

adjust

units.

The

power to

circumstances.

It

the Commissioner

avoid overtime or other contractually

such as court time pay.

does-appear
The panel

that

levels

to

supports
the

the Union position

Commissioner

address -exigent

is

respecting

this proposal.

It

already empowered to adjust manpower

conditions and

it

does appear that

the additional

 41

which

criteria

subjective

City seeks to

the

and very

difficult

City Proposal 2

impose a minimum guarantee of two hours per appearance
of the four hours provided in the expired Agreement.
It .estimate

instead

to

would .reduc

change

That expense amounted

Citys Court Time expense

the

more than $3.2

to

paid for the

time spent

actual.

in

eliminated in the Citys view

is

by

the 2000101

million in

The City is proposing a minimum pay of two hours with
the

that

the next 3

no justification for the

find

Towns

officers receive

Buffalos Court Time payments

as well

the

and

other.

CityProposal 4

What

being

for not being in
to receive

The

court.

left

being

is

pay

Union
is

be below

On

is

we

balance

those

of the contiguous

both Rochester

conclude

and Syracuse

the Buffalo allowance

not unreasonable in the context of comparable

elements of

its

structure.

compensation

Consequently

denied

is

Perfect Attendance
The. Employer

to

those of some cities though

as

expired Agreement

practice

he or she has

year.

City Proposal.

have three-hourminimums.
in.

which

after

fiscal

Buffalos allowances are already substandard and that there

that

responds

hours

1/2

half

nearly

the officer

court if it exceeds two hours.

pay
court as when an officer appearsfor 30 minutes and continues

We

is

4

Court Time City Proposal

The City seeks

for

are

determining qualification

on a reliable basis.

denied

therefore

this

in

employ

to define

Incentive City Proposal

pays

a perfect

attendance

7
of eight

incentive

hours pay

for

three-month
each two-month
each contract

period of perfect

year.

The City now proposes

period of perfect

itself

attendance

commencing with July

to pay

Buffalo asserts

attendance.

based

it

is

1

of

on each

seeking to protect

from paying an employee who is suspended the eight hours pay for the
It justifies its
during which the suspension occurred.

three-month period
proposal on

the

basis

that

unavailable

him/herself

for

who

a person

work

due

to

has

therefore

should not be awarded a bonus for perfect

Contrary

to

employees

the

who

Citys

may

claim that

have

been

its

objective

suspended

it

extend the prior qualifying period of two months

.

been

has presented

has made

suspended

misconduct

and

that individual

attendance.

is

to

clearly

avoid
is also

rewarding
seeking to

to three months.

The City

no evidence of failure of the existing system and we therefore

deny this proposal.

 42

The

seeking to modify Article XII Discipline

City is

and Discharge

which permits removal transfer or disciplinary

12.1

or

competency

turpitude

stated

The

charges.

agreement

not to exceed

misconduct

add

permissible

would

revision

essentially

The

probation.

PBA

Employer

title

$100

argues

that

to

from service.

action

a

showing

It

would also

upon

enjoy

Section 75 of Civil Service

the

first

Law.

negotiated

further

CBA

and that

asserts

theclause

The

concludes

Panel

flexibility

but

also

believe
the

under

to

This City proposal

to

the

in

a vehicle

concerned

actions.

a

seven calendar

need

a.

Panel

for.

more

held to

is

the

Commissioner

We

to review in arbitration.
study

However

and that

it

is

likely

the workability of

upon having in place an efficient
As noted earlier herein there prevails a
and

in this jurisdiction

we

are therefore

8.

City Proposal
is

granted
change

todisestablish the

empowering

subject

to

depends

mechanism.

deny City Proposal

DisciplinaryAdion

disciplinary

standard

decline

therefore

and substitute

alternatives

arbitration

absence of such

constrained

We

established.

Interest Arbitration

options should be extended.

or available

functioning.

an

deserving of more thorough

is

this -matter

proposed

that

arrangement

a just cause

disciplinary

glaring

by the Commissioner

the Employer has

believes

modifications.

making minimal
Hearing Officer
to act

appeal a decision

right to

Officers finding by proceeding to arbitration within

Hearing

the.

has served to with only a minor change for 35 years

expired agreement

Union a

and

in effect

having been modified only once by the Prosper Panel Award which
the

of

power pursuant

disciplinary

The Union

shifts

changing

procedure has been

the current

substantial

expired.

suspension

or dismissal

and/or

transfer

including

with only one modification since
continues

grade or

the

based upon due process and just cause.

options

disciplinary

in

permit disciplinary

a hearing upon

under

not to exceed

find

crime

or

felony

after

action

disciplinary

a monetary

60 days demotion

proposed

a

section

only where

penalties

of

commission

involved and then only

is

a reprimand

is

or the

misconduct

involving moral

The

8

Adion City Proposal

Discolinary

9

with procedures for imposing and appealing

The City pleads

that

the current system simply takes

four-narcotics
too

long

and by

way

of illustration cites the March

2

officers by the FBI for a variety of different

their suspension.
City
of

L...

The

trial

concluded

two years

later

2000

charges

retired

and one was

which

during which

e-oiicerswith pay. During
was compelled to suspend the

the arrested officers

arrest

acquitted

that

in federal

of

led

to

time the

period one
court

but

 43

J

remained
two

and

suspended

terminated

were

is

were suspended

they received

pay.

The

by discharge

punishable

the

Thus

hearing.

and the disposition

charges

parts

of both the Civil Service

Buffalo proposes

arbitration

in

which charges

of his

street patrol

brief

while

he was

awaiting

AAA panels

panels

Buffalo maintains

thereof.

Law

Section 75 and voluntary

these impediments should be removed by

that

or

FMCS

The Union

reach just conclusions.

for

working

the adoption of a just cause system wherein recognized vehicles

PERB

initial

a Hearing Officer and preserves the

the existing system inefficiently selects
least desirable

on

except for the brief suspension period

four years between

two

on an officer in 1996 and did not come
After the expiration

was placed back

officer

The

over two years during which period

for

were levied

remaining

convictions.

felony

City cites another case

to hearing until December 2000.
suspension

their

to.

terminated officers
full

The

awaiting departmental charges.

pursuant

panels are employed

relies upon

its

such

as

expeditiously to

response

to

City Proposal

8 supra.

The Panel too
Proposal

Union Releave
The City
Union

references

its

response

to

City

Proposal 8 and denies City

9.

Tune City Proposal

proposing to

is

president and

the

10

henceforth allow full-time detached
first

vice

president and

to

dirty for

limit all

the

other paid

time for union representatives
to a maximum of 1948 hours
per year.
the
the City is compelled to
expired agreement
argues that under
the equivalent of nominally three full-time
appropriate
employees. to
release
It

and process grievances attend meetings and perform other union

investigate
business.
are

It

pleads that the City can no longer afford

not working

claiming that

The Union

escalating.

cites

Proposal and pronounced

reason for disturbing

We

are

in

substantial

the Rabin

agreement

li

of
in

all

prior

agreement

City.

sound

with the Union position

concerned

compiling

respecting

City

deny same.

Commissioner testified that

cooperate

Award which denied a

who
been

The Union maintains the City has advanced no

Printing of Contract City Proposal

functioning

time-off has

the Rabin Award.

Proposal 10 and therefore

The

to retain officers

of paid.Union

the provision in the expired

and free of abuse

workable

the

cost

15

an updated

agreement

and Buffalo proposes
and

printing

a

that

would

facilitate

the

the parties agree to

Contract/Agreement

which

 44

all

incorporates

of the current

the provisions

be divided equally.

within

must

three

culminate

months.
about

differences

unresolved

The

in

offers that

and redacting
documented
draft the

PBA
it is

that the

but believes

agreement

and present

document

it

not an arbitrators function
that

resolve
arising

differences

but adds
given

the

that

be

a

any

immediately

of the three-month period.

The

City on

Union

for

article

own

its

should

initiative

The

arguing that

may change

intents

are for the parties. to

language

a

another

review and approval.

which

language

contract

to

having a comprehensive

matters to an arbitrator

to craft

about

in.

because the

allegedly

from one

merit

is

does not foresee

it

propose

specify that

shall

disintegrated

the

to the

for submitting
rejects the proposal

and asserts

to

language

effort

agrees there

It

language.

further

a mutually acceptable written

provisions moving provisions

City was deleting

the settlement

ago the parties undertook to compile and print an

ten years

Agreement and

up-to-date

They

City seeks

contract

submitted to an arbitrator after the expiration
Union

and including

to

between the City and the Union.

meeting procedure which
-document

CBA up

of the

The Cityfurther proposes that the cost of printing

negotiation.

likelihood

of language.issues

past memoranda and panel awards.

The writer having wrestled

these

many weeks with numerous documents in
of the-expired Agreement and

repeated efforts to determine the substance
various

memoranda

impediments

which

Agreement.

We

and

arbitration

should

believe.

be

it

submit a copy to the Union

is

awards

removed
incumbent

by

is

acutely

the

upon

drafting

the

City to

aware
of

a

of

the

coherent

compose and

We

discussion if necessary and. approval.
view the submission of the issue before this Panel as being at least untimely
that .muc initial
in the absence of such . recent prior effort. It appears
progress could
and

new

be made

by merely assembling a compendium

which

provisions

and/or Compulsory

for

have

appeared

Interest Arbitration

in

Awards

Memoranda
since

of

of changed.

Agreement.

the last printing

VIL Award
The

undersigned

Arbitration

Panel

constituting

with two

and award asfollows

the

Compulsory Interest
and one dissenting find

duly designated

members concurring

 45

A

Salaries

1.

Effective July1 2000

by two and one quarter

2.

Effective July

1 2001

by two and one quarter

3.

The-following

chart

all

salaries shall

be increased

2 %%percent.

al

2

salaries shall

be increased

%%percent

page

23 and page

appended to the Agreement.

46 shall

be

 (A.

46

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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47

l

B. Dental Insurance

Article

XXI

Amend

Section 21.3 Dental Insurance.

paragraph one to read as follows

Effective June
the

to

cost

30 2002

the City shall provide

GHI

employee

at no

V

Dental

preferred

Coverage.

C. Prescription

Add fourth

Drug Co-pay

CBAto

paragraph in blue book 7/1/86-6/30/88

June 30 2002

Effective.

drug

prescription

the

by

provisions

requirement

of the three-tier

implementation

in

changes

arising

co-pay
out

of

prescription co-pay

HMO

Health

care

providers

Organization health

the

read

Maintenance
shall

be

the

responsibilityof the individual subscriber.

D. Arbitration

Demand

Relating

The PBA

shall

concerned

with
to

subscribers

commencing

this
shall

Panel

Univera Three.Tier Prescription

withdraw

the

1

2001
over

authority

as a matter

to

for arbitration.

plan .fo the

June

that matter

year following

if

that

of time it shall

the matter

is

Drugs

responsibilitiesof

30

not resolved

period

2002

with

being ceded

of retained jurisdiction.

Award and
abandoned.

demand

HMO

Univera

be for one calendar

period

its

possible co-payment

July

adjudicatory

to

to

Retention

the date of -this
or submitted

be considered

to

in

have been

 48

E.

Health Insurance

Article

Add

XXI- Section

the

21.1

following provision

_

25%

twenty-five

pay

15%

percent

core coverage

the

coverage

Is

more

the

\

rI

new

to

Option

percent

of the difference between

selected plan and the cost of

core

4

of four

completion

become

30

to June

F.

the same

in

100%

the cost

of

the

coverage.

years of service

dates being calculated

as for longevity entitlements
shall

contribute

one hundred

foregoing

least

available at the

will

to

anniversary

Core
the

enrollment in one of

he/she

addition

Upon

monthly.

of

consist

hire elects

expensive plans
the

shall

for individuals and.

for family. coverage..

understood

time of hire. If a

the

of the monthly premium. for

Medical Insurance

expensive

of

percent

premium for the core coverage
fifteen

30 2002

hired on or after June

All employees

with

onthe same basis

an employees coverage

as for employees

hired prior

2002

Funeral Expense Fund

f
Article

XXXI- Funeral Expense Fund
The

City

$25000
directly

and

the

Fund

Expense

PBA

of

to be used

twenty-five
to defray

related costs

to

the

Fund

with

a

Funeral

thousand

dollars

fimeral expenses

which -may be incurred

interment or in paying
the line of duty. The

establish

shall

respect

to an officer Idlled In

City and the

payments

and

in the

PBA

of twelfth

shall contribute

thousand

five

 49

dollars

hundred

administered

512500

by

the

which Fund

each

PBA.

The

money

shall

maintained

in a separate interest bearing account

the

Credit

Police

advise
shall

provide

funds
with

by each

the

Fund

be

shall

within

PBA

30

thirty

Any

submitted

and

Expended

request.

days following disbursement.

regarding

promptly

by the City and the

replenished

contributions

equal

calendar

upon

shall

with

from the fund

withdrawal

accounting

be

shall

PBA

The

Union.

the City of any

be
be

shall

dispute

to expedited

arbitration.

G

Longevity Allowance

Article

XXIII

E- Longevity

Effective

July

an

1 2001

an Employee who

receive longevity pay pro rated
be calculated

entitlement

months

completed
anniversary

retiring

by

on a monthly basis to
the

number

of service commencing

date and concluding

on

date.shall

by multiplying one twelfth 1/12 th of

annual

full

is

date prior to his/her anniversary

effective

of

the.

frilly

with his/her

with the effective

date

of retirement.

li.

Article

Uniform Maintenance

XII

Allowance

19.1

Section 19.1-Uniform

Equipment and Maintenance

-

Allowance

Effective

uniform
Dollars.

1 2001

the City shall pay an annual
One Hundred and Fifty $150
Such payments shall be made on or before
July

allowance

September

of

30th of each year.

 50

I.

Paychecks

Article

G

U Section2l
Pay checks

shall

stapled

the

amount

of the

folded and

and

check

and the nature thereof

deductions

J.

be delivered with the flap

conceal

to

Detailing

Rabin Panel Award respecting

The

on

preserved

the

ezisting

Detailing shall
basis in

provisional

be
the

successor Agreement

k

Overtime Procedures- Captains and Inspectors

Article

Ir

1

Section 2.6

event

In the

overtime

the commissioner

is

required

for

determines

of Police

the

Chief

of

Detectives

Professional.Standards Division Inspector

Professional

Standards

Cases

Division
or

Captain

the

assignments

Major

Captain

Narcotic

in

Captain.

available

their

overtime

shall

Unit

respective

be

fast

offered to said individuaL Said individuals shall.not
be eligible for any other rankovertime unless all other
eligible

individuals

have

declined

the

opportunity

to

work that overtime.

Except

as

provided

to replace

a

above in the event

Captain

or

of thenecessity
the

Inspector

officer of the rank to be fined within

most senior

the assignment

be given the first opportunity to work overtime
and said opportunity shall likewise pass through the
is
applicable rank based on seniority.
If the overtime

shah

not

accepted

officer

The.follo

above language

..

pursuant

to this

Secdon

the least senior

within the applicable rank shall fill the vacancy.

ancillary
shall

explanation

be included

of the intent of the

in the agreement as a

 51

footnote

or appended

and referenced

in

the body of the

document

in

The terms

illustrative

fallowing

an

When

Mafw

C

arises

related to a homicide

Crimes Unit Captain

if related

the narcotics Captain should be assigned

operation

District

it

should be

fuled by

seeding is called with citizens of

A

A

District to

the

District

a new headquarters the

building

District

B

should

it

C

assignment is
District if a

address concerns

Inspedorshould

be

to a narcotics

if the

the Inspector in

crone wave there
is

the assignment

and non exclusive examples

overtime need

assigned to the

in

and within

theirrespedive assignments

to lead to the dis ribution of overtime consistent with the

are intended

be assigned.

about a
If

B

Dbtrid Inspector should

be assigned overtime required to attend a meetingrelatingthereto

has considered and addressed every proposal placed before

This Panel
the

parties.

determined

Any

which

are

of

S

us

in.

for

the

Award

it by
were denied. or

reasons enumerated

in

the

of this document

Delmar New-York

State

included

to -be improperly before

Opinion section

September

not

Respectfully submitted

2002

New York

Sumner Shapiro
Chairperson

County of Albany

Swo

me

of September 2002

6jay
N

2

PublicRICWDiSCHMM sx
anN0n.aicnrrr
11

 SEP........
-06-02 THU

8

BUFFALO

45

PBA

...........................................................................................

FAX

NO

852422B

P02

9
Robert P. Meagan

PBA
Stan ofNew

York .

Designated

Concurring

s

t

I

Member

4a/

County of Erie

Sw

me this

.

day of September 2o02

-

tary

Slate

Public

ofNew York

Edwani

G. Piwowarmyk

ty Dasignated

County of Fsie
Sworn to methis

Notary Public

sacs

day of September

n9
2002

Pentl

Esq.

Member

  

Memorandum
of

Agreement

(dated March 19, zoos)

July I, 2002

through

June 30, 2007

JAECKLE FLEISCHMANN
ATTORNEYS
FLEET

BANK

BUILDING

JWELVE
TEL

SEAN

R

716

AT

FOUNTAIN

PLAZA

856-0600

FAX

MUGEL

LLP

LAW
BUFFALO

716

NEW YORK

14202-2292

856-0432

BUM

Direct

PtMr

716

DWi

Em

d

843-3805

6w@NaWe.eam

March 19 2003
W. Tames Schwan

SAMMARCO

SCHWAN
Ninth

Esq.

Floor Dun Building

110 Pearl

Street

New

Buffalo

York

14202

RE

Buffalo

Police Benevolent

Association

Inc.

T.

Cityof Buffalo

Jnilex NO. 12102-9862
1J

Dear Mr. Schwan

This correspondence
for the

July

1

2002

1.

to

lime

collective

The City of Buffalo
to

t

confirm the

shall

30 2007

agreement reached

side

bargaining agreement

CiV

Reargue and its Notice

agrees

to

during negotiations

that

withdraw

its

Motion

of Appeal in the above refmed

matter and in consideration thereof
2.

The Buffalo Police Benevolent
waives

any claim

the Shapiro

3.

Panel

to interest

Association

on the

backyay

Award and the above

The City and the PBA agree to
documentsas may
required
be

execute.
to

Inc.

TBA

arising

from

zeferenced matter.

qgch

additional

die foregoing

accom

agreements.

Kindly execute

this

co

ondegce

the PBAs agreement

to indicate

to

these

terms.

Very troiyyours

JABCKLE FLELSCHMANN

9
By.

Seanp.

A

Baf61a

New

Ywk

Am6...

ni_..U

MUGEL

1

Baiter

tomeys forthe City

of Buffalo

LLP

 MEMORANDUM OF AGREEMENT
BETWEEN

THE CITY OF BUFFALO
AND

THE BUFFALO POLICE

BENEVOLENTASSOCIATION
Dated 19 MARCH 2003

a

t

fs a

1

ANTHONY
ROCCO
LEONARD

J.

M. MASfELLO.

DINA.

A MATARESE.

LOUIS

OIARDINA.

R.

MICHAEL

B.

SEAN

RISMAN.

P.

Ccmpover.
Dit

i

r.

Labor

Cmlmmtion

BErFER.

ROBERT

Mayor

Commismer

Any

JOHN

Pbrme
Human

Resources

Reludwa
Courad

J.

Pf

MEFAAN

JUSZK1EWIt.

RANDIEJ.

JOSEPH

RAYMOND A. 4JDS.
WJLJIAM

I.

IR.

fat

2nd

President

Via PRSidert

via

President

Raordirg

Secretary

MISZTALTrestum

JAMES SCHIVAN

Attorney

 MEMORANDUM OF AGREEMENT BETWEEN
THE CITYOF BUFFALO

AND
THE BUFFALO POLICE BENEVOLENT ASSOCIATION

City

The City of Buffalo

PBA
1.

have

The

parties

1 2002

year

thereafter
to the

The

3.

The

to

agree

and the Buffalo Police Benevolent
a successor

for

successor

eitherparty
date

that

to

agaree

continue

td Patrol

assigned

Shift

desires

to

attached

the

60

sixty

is

as

system

ten-hour schedule

-

1000

days

generally

for

Police

2000 hours

Shift

4

1530 - 0130 hours

Shift

5

2000

and the 2000-0600

-

0600 hours

to the

Division

Patrol

be assigned to
Captains will be assigned

shifts.

will

including

the

0600-1600

to the

1000-2000

shifts.

and personnel

Detectives

Sergeants

no change

have

writing

Agreement.

schedule being.

the

The above new ten-hour day schedules apply
Traffic
and Flex Units. Lieutenants in Patrol

Detective

car

patrol

in

this

0600 -1600 hours

Shift

and the 2000-0600

other

assigned

to

headquarters

shall

in their schedule.

I

Shift

bidding

shift

and

Overtime
District

The

shall

be

call ins

agree

bargaining unit

The

consistent

with

the

current

practice

of

in

house

posting

for

District

for Police

Officers

in.

that

absence

of an

by

performed

Assistant

be

by seniority.wkrinthe

the

Patrol

Division

shall

also

be-by

seniority.

parties

duties

shall

Chief

parties

to

in the

that classification

employees

holding

classification

agree

of

to

2400 -1000 hours

1.

Shift

1530-0130

the

modify

period

renewed from year

hereto.

and maintain

with

for the

bargaining agreement

one-ofFieer

Policy Statement

Association

agreement

bargaining

automatically be

shall

shall.aotify
it

a

implement

collective

collective

and it

30 2007

unless

in the

parties

Officers

to a

June

to

termination

parties

described

agreement

agree

July

prior

2.

reached

that the

They would be assigned

shall

Chief the

the

rank of Detective

be eliminated only

Department
to the

Assistant

functions

can be reassigned elsewhere

can

1000-2000

reassign

or above.

through.

Inspectors

and the 2000-0600

and

within

the

The

attrition.

as

Duty

shifts

by

Officers.
seniority.

 It is

agreed

Captain

to

responding
is

4.

and understood
Patrol

in

been

such

time

reduced

A

as

in the

absence

is

for

responsible

district until the situation

assigned

relieved

number of sworn

the

be

shall

shifts.

Senior

the

of an on duty Inspector

2000-0600

and

incidents outside his/her

serious

resolved or he/she

Until

that

1000-2000

for the

officers

in the

Police Department

has

675

to

The City agrees that no PBA bargaining unit member
The reduction in the current number of sworn officers
of positions within

the

ranks

existing

and/or

be

shall

and/or

classifications

laid off.
the

shall

number
be

by

attrition.

B

The

PBA

issues

agrees not

that

agrees

the

to object

and waives

right

its

sworn

the numbersto

to

reduction

the

in the

size

of

to further

any

if

bargain over

or the impact

officers

reduction

the

it any to submit any issues
relating. to the reduction in
sworn officgrs or the implementation and/or impact thereof
Interest

Compulsory

It is

in the

officers

parties

that

the

numbers

to

to

accomplished

by June 30 2007 and the agreements
the expiratian.of

this

Agreement

reduction

the

Police Department

continue

past

in
its

Arbitration

acknowledged by both

expressly

number of sworn

these

and further waive

thereof

right
of

and

the force

have fully and completely bargained over

parties

675

in the

may not be

set forth

shall

until that reduction

is

achieved.

Once the number of sworn
675 the agreements
parties

priorto

5.

In

shall
this

revert

set
to

officers

forth

whatever

and

rights

B

they

above

has

the

PBA shall

Arbitration regarding

Interest

had with respect to

withdraw

its

of

this

the

over the implementation

completely bargained

the

and impact

and

further

waives

implementation and/or
Interest

Arbitration.

right to

grieve disputes

to arbitration
collective

of

Agreement and the Union waivesany right to
and/or impact of these matters and subjects

implementation

thereof

under

these

pending

4

the prior
impact
Compulsory
PBA shall withdraw its Declaration of Impasse regarding the contract
the
subsequent to June 30 2002 The Union agrees that
parties have

subjects

reached

terminate and

shall

the

issues

Agreement.

consideration of this-Agreement

for

the Police Department

in

A

in

It

the

the

impact
is

right to

of

under

grievance

and

this

or

and

and

bargain

the

over

impact

that

the

Union has not waived

Agreement and to submit such

arbitration

bargaining agreement.

Page

fully

matters

further

The

period

submifany issues relating to the
matters and subjects
to Compulsory

and understood

agreed

arising

these

the

Petition

layoffs.

2 of 5

procedure

set forth

disputes

in the

its

 6.

reduction

the

7

The

no

that

agreed

It is

to

agree

parties

officer

in the size

be reduced

shall

of

the force

successor

a

compile

incorporating agreements reached
well

8.

since

as

issued

In recognition of

Agreement

times

$5000 across

In

addition

command

board

the

to the

written
the

1

fdregoing

base

in

the

in

as

the

agreement

30

June

CBA

1988

from

resulting
the

cars

and the

City agrees

or

of

result

as

by April 1 2005.

officer

salaries

a

Agreement.

productivity

positions

salary

to

awards

wages or

following

this

1986

arbitration

of the Districts

increase

of

collective.bargaiaing

July

of certain

classification

or

part

implementation of one

the

civilianization

in

exempt positions

rank

to as

improvements

significant

particularly

shift starting

9.

the

since

interest

compulsory

in

agreed

this

of

alteration

ability to utilize

to

a

retroactive

effective

1

July

shall

wage adjustments

2002.

be

implemented

Percentage Increase

Effective

10.

The City agrees
all

to

Detectives

that

7/1103

3.4%

7/1/04

3.4%

711/05

3.4%

7/1/06

3.4%

on

re-appointment based

The City agrees

that

Lieutenant

the

until

it

July

on

the

will

not

make any reductions in the rank of Detectives until
1 2002 have been re-appointed and/or their right
existing

filled

for

the

four Police

Department
days of

IL

the

the

During

number of
all

times

for a

rank

within

45

Officers

academy
for the

that

it

will

Officers

by permanent

are

recalled.

Common
term of
officers

not

make

Council approval

this
for

Agreement

each rank

as

of the

created

who

are

shall

be included in

purpose

of

either

the

30

days

to

fourteen

vaithin

of

this

maintain a

14

Agreement.

minimum

Appendix A. The City shall at
In the event the minimum
Officers.

It is

or

is

agreed

who

are

number of Police

this section.

3

thirty

County Sheriffs

recalled

City agrees

cadets

Page

and.

Captain 2 for

within

PBA ratification

set forth

vacancy.

academy

for

tank of Police Officer until

Elie

employ a minimum of 450 Police
falls
below the stated minimum
position
days

1

in thy

for the

and

the
is

the ranks of Captain

ratification..

dficers shall be

These

expires.

appointment

reductions

Working

-currently

in

those ranks

from Common Council approval and PBA
The City agrees

list

preferred

make reductions

vacancies

current

have been

Lieutenant

not

will

it

demoted

of 5

the

vacancy

shall

that individuals

be

hired

awaiting assignment
Officers

employed by

filled
as

Police

to the
the

City

 12.

consideration of

In

and

the

significant
the

Agreement

the

productivity

changes

City agrees

generated by

improvements

in

departmental

to

reimburse the

PBA

Agreement for its actual out-of-pocket expenses

On-Duty Emergency
Program

that this

and consultation
of an officer

Assistance

Legal

on duty

in

assistance

covers-legal

event

in the

in the

an

that

of

performance

is

with an
or

injured

his/her

this

this

of

operation

the

agreed and understood

It is

connection

individual

for the

incurred

Program.

from

result

term of

the

during

Agreement

this

that will

operations

by

the actions

does not include a

It

duty.

statement

initial

killed

out-of-pocket
as

expenses

reimbursement

13.

The

30

caused

It

agreed
to

prisoners

15.

It is

that the

the

review

15th

officer

the Buffalo

PBAs

have

City. shall

the City

shall

limited duties

or other

described

have

in the

regardless of whether

Award

is in place.
to

respect

lave

to

may be

right to assign

.th

Erie

parties

these

above

or

issues

parties

prior to

that

shall

is

It

transporting

Department.

exempt non-union

District

or Division

ranks.

this

of

said

of an equal

disputes.

revert

or

The committee

tj

aunty Sheriffs

order to achieve

in effect

whatever

to

past

Compulsory

the

reduction

rights

that

Interest

at

date
Arbitration

they had with

Agreement

this

To do so
number of

shall

may arise as a result
The parties agree to

disputes

Agreement.

the parties

City

Commissionerof Human Resources

committee.

Erie

in

not continue

from time to time

committee

the

the

This provision slid terminate

agreement

shall

expeditiously resolve

addition

to

agencies

par4iaphs.

and application

comprised

activities

a successor

The

recognize

implementation

the

an

utilize

attrition.

work of

the

Sheriffs.

County

to

by

civillanized

the

the right

enforcement

on June 30 2007 and

midnight

of

and

this Agreement the City agrees not to merge or consolidate
Department with the Eris County Sheriffs Department without
written consent
With the consent of the PBA the City shall have the

Department

The

manpower

review

Police

right to transfer

17.

reductions in
to

2003

manpower

adjust

the right

to

1

July

the period of

During

force

From

property office court liaison quartermaster

positions

Chief or.Commander or alternative title as
Commander to be taken from the Lieutenant or above

the

to

and the

days.

time be need

to

and

due

have

shall

position

16.

actual

retirements.

right .t

City

its.

annually.

and from thecell block

that

agreed

the

of

Human Resources

from time

announced

to

and January

the photographer

and public information
further

15th

may

there

of

made within 45

be

shall

have

Thereafter

levels

that

agreed

is

that

shall

City

by retiremedts
manpower

adjust

PBA

the

semi-anppally on July

levels

14.

the

20037

Commissioner

the

in response

levels

manpower

June

to

to

payment

submit documentation

shall

receivedto

mutually recognize

parties

adjust

PBA

The

criminal defense.

and

to

formulate

PBA representatives.

shall

act as

be charged with

Page 4 of 5

agree

of the

anon-voting

the responsibility

a
In

Chair
to

in

 to resolve

attempt
the

18.

parties

The

parties

County

grievance

that

the

City

Agreement

of Erie and/or
receipt

aggressively

work

benefits

Agreement

the

this

members of

This

the

Agreement

membership

lowest possible

at the

disputes

the

this

contingent upon

19.

all

also utilizing

acknowledge
with

associated
the

from

is

United

the

of such

together

to

will

to

currently

unable

from

to.

funding.

to the

residents

Both
of

parties

the

of

the

Common

Council

rr

R
Date

Date

CONOMSIONER
O
Date

PRESPYFORPBA
A O

HUMAN

4

Date

APPROVED AS TO FORM

CORPORA
Z

Date

ON OUNSII.
63

d..

Page

parties

5of5

t

7s J

and PBA

is

agree to

recognize

Department

approval

costs

initial

New York

City of Buffalo

FOR THE PBA

lV

of

The

ratification.

FOR THE CITY

the

fund

the State

by May 31 2003.

such

obtain

preclude

procedures.

Government and this agreement

States

provide

shall

Nothing

level.

arbitration

assistance

assistance

Buffalo Police

subject

is

without

/

the

and

to

 BUFFALO POLICE DEPARTMENT
PATROL UNITS CALL FOR SERVICE RESPONSE POLICY

One-officer

have always been a feature within the Buffalo Police

vehicleslunits

Department. Historically and

to

day

this

cars motorcycles radar

traffic

supervisors

K-9 AIU bicycle patrols etc operate with only one person in the vehicle. Traditional
areas of operation for these vehicles have been traffic control fire duty accident
calls
cover calls crossing details funeral escorts report taking tagging. etc.
can be expanded to increase operational efficiency without jeopardizing
The Police Commissioner or the Commissioners designee
where one-officer

units

and two-officer

units

These duties
officer

safety.

determine when and

shall

are assigned.

one-officer
The Department

has taken

various

steps

to

ensure Officer safety

in

support

of.the

manned vehicle

t

A

policy

back

in

monitor

in

Training

and

is

made

are equipped
in

units

I

on scene and

call

unit

Agent Projectile

to call

itself to

all

CAP

patrol

to

call
to

being programmed

in

to selected

units

and 2 1

or

unit

2

1

dispatch
calls.

unit

officers

at scene.

with bulletproof

to

Spray has been

personnel.

Computer Terminals in which

with Mobil

procedures

Resgnnsibiiity of Radio

and portable

vests

CAD

such.

See

attached

calls

will

also

CAD

call

radios.

without

be programmed
types

responders.

Units

unit shall mean any rn mber ormembers of the Patrol Division
who have
been assigned to a mobile patrol unit and whose primary responsibility is

A radio

responding to
B.

to

may be designated primary responders to answer

CAD

two one-officer

designating

A.

Chemical

of

personnel have been equipped

One-officer

to assign

use

as well as the spray

available

have been trained

limitation with

calls

call.

the effective

Patrol vehicles

All

911

receiving

is required
upon completing the call. The Radio Dispatcher
and obtain a status report from officers who have been out of

calls

on a

service

for officers

effect

In

is

service

Upon

calls

receipt of

a

for
call

by a broadcast

Radio Dispatcher the
units

shall

unit

shall

i.e.

either

immediately

by

MCT

or police

acknowledge

radio from the

receipt of that

by use of the voice radio and MCT. All
within one minute from the time they were originally

acknowledge

be acknowledged

service.

the

call

Alf

call.

must

calls

transmitted.

C.

After receipt of

the call the

route to the location of that
be acknowledged
arrival will

unit

shall immediately

As soon as the
by using the MCT.

call.

proceed
unit

by the most

direct

arrives at the location

the

 PATROL UNITS CALL FOR SERVICE RESPONSE POLICY
Page
The

D.

unit

vehicle
or

will

not leave

the

or her exact location

his

she

vehicle

patrol

and a

brief

4

of

without

report

i.e.

Radio Dispatch
number of any

advising

first

registration

of

involved occupants
anticipated length of time out of the vehicle etc. He
not leave the vehicle until acknowledgement
has been received
from

will

Radio Dispatcher.

the

2

While

the scene

at

the

shall

unit

take

appropriate

police

action.

E.

For designated

calls

requiring

two one-unit

extreme caution and

exercise

will

from a safe distance

assessment
assistance

required ambulance

the partner

to the

officer

of

responders the

etc..

The backup

responding to the

originally

a preliminary

circumstances e.g. fake

the

needed

on the scene

unit

first

give the radio dispatcher

will

call additional

officer

will

The backup

call.

work

as

officer

will

remain at the scene only until his presence isno longer needed at which time
he/she will call back into service. The initial unit assigned the call by the
Dispatcher
-this
F.

a complete

maintain

shall

a

call

Units

higher
Units

priority

priority

shall

police

action following

Units

to

transmissions

all

a

call

the time
of

each

of

not leave
in

their

police

call.

and they have

for

to

The contents

of

the

the

time the

each

from the Radio Dispatcher whether or not
A unit may be required to leave a

service.

notified

the

in

orderto respond

to

a

Radio Dispatcher.

Dispatcher

whenever

they leave

_

unit

recording

on scene

assigned area of patrol during their tour of duty unless
business have first obtained
permission of a superior

must inform the Radio

Units not

P-1124

arrival

inwhich they are currently involved

unit.

the

Radio Log Sheet

call

call.

they are involved
officer

of

and the disposition

must respond

of lower

call

K.

appropriate

be recorded on the Radiio Log.

shall also

they are currently handling

J.

all

legible

was received the type

was completed

call

simulcast

1.

taking

-

required.

Units
time

H.

for

be responsible

Upon completion of thd.call the unit shall immediately notify the Radio
Dispatcher and enterthe calls disposition through the MCT. Units must notify the
Radio Dispatcher that they have either completed the call or that additional time
is

G.

will

assessment.

initial

their

mobile. patrol

1

assigned to a particular call and who are in close proximity may assist
which the call was assigned but only after informing the Radio

Dispatcher.
L.

For crimes in. progress calls responding units shall coordinate their response
through the use of the police radio and or the.MCT The backup officer will work
as the partner to the officer originally assigned the call. The officer will remain at
the scene only until his presence is no longer required The backup officer
will
then

clear the

scene and

join

in

the search

of the area

for

the suspect.

 PATROL

CALL FOR SERVICE RESPONSE POLICY

UNITS

Supervisory

A.

Responsibilities

Patrol Lieutenants

Lieutenants

and

employees
C.

D

of

service

Radio

B.

monitor the

shall-continuously

for the safety

while

all

serious

incidents

and actions

and correct deficiencies

notifying

within

of

their

Radio Dispatch.

monitor radio communications

MCT

and the status

officers

of

own command.

their

A

monitor

will

for

service

and backlogs
sector

in their

units within

their

district.

Dispatcher Responsibilities

patrol

unit

not be-dispatched

will

is

The

Patrol

a second

until

must be advised when units are sent to a radio

Lieutenant

of

must monitor

exact. location

their

at

to
all

call

must be received.

ensure that

patrol

units advise

the

Radio

times-when leaving the patrol vehicle

and

exists as to the nature of the
circumstances where any doubtwhatsoever
unknown
trouble two patrol units must be dispatched.

i.e.

For crimes
call

for 2 units

designated

reason for leaving.

all

call

call

two units and acknowledgment

Dispatcher
the

a

to

available.

unit

In

calls

and consider redepioymentrof

0. The Radio Dispatcher

E.

be responsible
accordingly

will

Lieutenants

requesting

D.

shift

respective-districts
Patrol

via

A.

will

direct

Patrol Lieutenants
out

a work

of

car and foot pursuits.

including
Patrol

command

in

and respond to and assume command of

police radio

B.

4

3 of

Page

in

air priority

progress
in

calls

order

for

the dispatcher

will

the responding officers

give the units

responding

to%coordinate

their

to

the

response.

911 Lieutenant Responsibilities

A.

The 911 Lieutenant
are being

followed

will

monitor alradio calls and ensure that proper procedures

by the Radio Dispatchers.

Single Unit Implementation

Plan

Training

A. The Inspector
Captains Lieutenants and designated patrol officers
district where one-officer
units will first be implemented will be sent

B

Rochester

to

receive

have been

in

existence

Radio Dispatchers
single

units.

familiarity

will

in

training

Rochester

also

be sent

with one-officer

units.

from the
to

first

the City of

One-officer

units

since 1978.
to

Rochester to be trained

in

dispatching

to

 PATROL UNITS CALL FOR SERVICE RESPONSE

POLICY

Page 4 of 4
C.

remaining patrol

All

personnel assigned
D.

All

Patrol

Officers

will

training

Shotgun

to

will

receive

will

familiarity
training from already trained
where single units have been implemented.

the-districts

be trained
video

be through

in

the

proper techniques for vehicle stops..This

instruction

offered

via

the Law Enforcement

Center Vehicle Stops and Officer Safety.

Resource
E.

districts

training

will

be provided

to

all

patrol

officers.

Implementation

A. B

District

district

will

will

B.

The

phase

with

equipped

be the

all

first

district

one-officer
one-officer

where one-officer

patrol-units

officer

is

will

fAfiowlthe

the

units

patrol

same process as

assigned to a single unit he/she

until

be

the

B

The

utilized.
entire

be implemented

will

the

will

units are to
district

process will take up

This

units.

patrol

next district.where one-officer

determined

into

to

district

is

shay days.

to be

However before any
on the job training in B

District

receive

District.

C. Each

of

District

Steering

the remaining
and officers will

districts

will

be trained

also follow the
in

those

same process initiated
that now have single

districts

B

in

units.

Committee

A. Throughout
Police
Council

the implementation

Department

managers

process a steering committee comprised of
union

representatives

government

officials

i.e.

members

participating key personnel such
community representatives
as a 911 Lieutenant Radio Dispatcher District Patrol Captain Lieutenant

Inspector

etc.

This

committee will

implementation process and
necessary.

will

meet

at

least

bi-weekly

and

will

evaluate

make changes and recommendations

the

when

 APPENDIX A

Title

I

Minimum Permanent

Classification

450.

Police Officer

85

Detectives

0

Photographer

Detective

0

Sergeant

90

Ueutenants
11

Assistant

Captains

Inspectors

Chiefs

0

.1
2

Positions

 Rate
30.95
25.10

Hour

27.05

29.00

37.64
32.90

34.00

$$$$$

$

$48886

$52690

$56491

$64096

24.28

26.16

28.05

31.82

35.07

35.43

$

$

$66230

$68306

$69008

32.88

33.91

40.08

$

$

$73312

$78081

42.69

46.68

$

$

$83160

$90934

41.29

45.15

$

$

3.40%
711106

Rate

29.93

Hour

3.40%

$60289

36.40
34.26

38.77

$$$$ $

$

$

$

$

$

$47288

$64062

$66060

$66739

$70901

$75514

711105
$50957

$54633

$58307

$61988

$80426

$87944

Rate
23.48

25.30

27.12

28.95

31.80

32.80

30.78

Hour

3.40%

35.20
33.13

$$$$$

$

$45733

$61946

37.49

$

$

$

$63887

$64545

$68569

39.93

$

43.66

$

$

711104
$49282

$52837

$56389

$59950

$73031

$77781

$85052

36.26

38.62

42.23

$

$

$

$75224

$82256

37.35

40.84

$

$

$

$68307

$72750

$79551

Rate
24.47

26.23

28.00

22.71

$ $$$$

Hour

3.40%

29.76

30.75

31.72

32.04

34.05

$

$

$

$

$69909

$61787

$62423

$66315

711103
$44229
$47661

$51099

$64535

$57978

$70629

rRaU
21.96

23.66

27.08
25.36

28.78

$$$$$

29.74

30.68

$

$

$57939

$59755

30.99

32.92

$

35.07

$

rade

711102

$5000

$42775

$46094

$49419

$52742

$56072

$60370

$64134

U
1 2 3 4 5
STEP

STEP

STEP

STEP

SERV

STEP

DISPATCHER

tOR8

SERGEANT

OF
HOMICIDE

PHOTOGRAPHER

DETECTIVES

NAME

OFFICER

INSTRUCTOR

LIEUTENANTPOLYGRAPHEXAMINER

ADMIN.

OFFICER

OFFICER

OFFICER

OFFICER
CAPTAIN
INSPEC

RADIO
CHIEF

OF

OF

OF

DETECTIVE

DETECTIVE

DETECTIVES

WIN

POLICE

POLICE

POLICE

POLICE

POLICE
POLICE

ASST

POLICE

POLICE

ASST

CHIEF

CHIEF

A01

POLICE
CHIEF

  

Buffalo Police
Department

Drug Testing Policy

TABLE

OF

CONTENTS

C
1.

PRECONDITIONS

TO

DRUG

TESTING

II.

DEFINITIONS..
..........................................

III.

PROHIBITED

IT.

SUBSTANCES

INDIVIDUALS
CIRCUMSTANCES

SUBJECT

3

........................

..................................
TO

DRUG

TESTING

AND

4

TESTING
5

..........................................

AGroup A

5

BGroup B
CFurther Testing
DRandom Testing
EOther Testing Circumstances
FPositive Test Results
GReasonablpV.

TESTING

A
C
D

B

E
F
G
H
VI.
VII.

VIII.
IX.
X

5
6
6

6
6
6

Suspicion

AND4EST

Drug Testing Procedures
...........................
Report and Review by MRO ..........................
Retest Procedures
Positive
Following
Drug Test
Results
....................
...................
and Employee
Conduct ...........
Specimen
Integrity
Reasonable
Test Results ........
Negative
Suspicion
Positive Test Results
Procedure
..................
Refusal to Submit to Test ........................
Employee

EMPLOYEE
AMNESTY

Rights

AND REHABILITATION

ASSISTANCE
REHABILITATION

PROGRAM

A

Treatment/Rehabilitation

PART

OF

CHANGES

CITY/PEA
IN

CONTRACT

MEDICAL

7

...............................

RESULTS

................

........................
Encouraged

..............

...........................

APPENDIX ...................................

8

9
9

9

10
10
10
10
13

13

14

.............................

COVERAGE

7

14

... 14

2

t

 I.

PRECONDITIONS

A
B

E

DRUG

TESTING

employees
in the PBAs
unit
must
be
bargaining
provided
information
an what
drugs or substances
are
to
the
prohibited
prior
of
this
implementation
policy.
All

which
is
Any
drug
testing
policy
to
the
applied
members of the PBAs bargaining
unit will be applied
to
all
sworn
and
the
and
personnel
Commissioner
Deputy

C
D

TO

The

Commissioners.

City

and

Random
drug
herein.

the

Union

testing

will

shall

be

The
following
drug testing
for any drug test performed

1
C

select

performed

the

only

MRO.

as

shall be
methodology
on sworn personnel

noted

used

Test
The
initial
test
shall
use
an
immunoassay
EMIT test as a screening test to
rule out the presence
of a controlled
substance
its metabolite.
or
Those
which test
samples
Initial

positive
testing

2

jointly

shall
be
as described

Confirmatory

Testing

as
positive
on
confirmed
using

to

subject
below.

the
a

confirmatory

All specimens
initial
test

identified
shall
be

gas
chromatography/mass
spectrometry
technique.
Testing shall
be
National
conducted
a
with
by
laboratory
Institute
on Drug Abuse
certification.
All confirmed
test results shall be referred
to
medical
a
officer
review
described
below.
If at any time there exists a test with

GC/MS

NIDA

MRO

a

rate
of
than
the
higher
reliability
GC/MS
as determined
by the U.S. Dept. of Health
and Human Services
such
test shall
be
used in place
of the GC/MS
test if requested
by

test

the

3

HHS

PH..

Cutoff
Levels
The
cutoff
levels
utilized
by
the C.S.
of Health and Human Services
Department
U.S.-..5.
shall be utilized
for initial
and
Tested
levels
which
confr-ar.ory
testing.
fall
belo These cutoff
levels
be
shall
considered
negaz- results.

3

C

 II..

DEFINITIONS

test-2
1

Test

-

refers

to

an on

Urine
Test - A urine
for testing.

3
4

duty

drug

submitted

sample

to

a

laboratory

Collection
site - A
the
place
designated
by
City
themselves for the purpose
where
of
present
employees
of their urine
to be analyzed
a
providing
specimen
for the presence
of drugs.

MRO

- A
Officer
licensed
physician
for
results
receiving
laboratory
who
has
the
generated
by
Citys
testing
program
and
of
substance
abuse
disorders
has
knowledge
medical
to
and
appropriate
training
interpret
evaluate
individuals
test
result
an
positive
with
his
and
together
or
her
medical
history
any
other relevant biomedical
information.

Medical

Review

responsible

5

Positive

- A
that
shows
Test
Result
test
result
of a drug drug metabolite
in a persons
a valid
medical
at
or
system without
explanation
above
the cutoff
level
to that
substance
as
assigned
reviewed
by the M.R.O..
evidence

6

Rehabilitation
including

7
8

- Treatment
of a drug abuse
problem
and monitoring from providers.

counseling

- A therapeutic
Treatment
for employees
with
program
Immediate

discharge

recourse
no
implies
arbitration
procedure
between
agreement
the

III.

PROHIBITED

without
or
immediate
discharge
review
the
through
grievance/
the
collective
of
bargaining
PBA and the City.

SUBSTANCES

The

test
Department
may
substances
following

ieheroin

residential
or outpatient
abuse problems.

drug

morcine

for

the

presence

marijuana
amphetamines

of

any

cocaine
and

of

the

opiates

phencyclidine

4

 IV.

INDIVIDUALS

SUBJECT

TO

DRUG

TESTING

AND

TESTING

drug

testing

CIRCUMSTANCES
Sworn

be
police
personnel
subject
may
the following
circumstances

under

A

to

A

Testing
Based on Assignment
Group
The following
be
to
random
police
personnel
may
subjected
tests
at any time while on duty
but
not
urinalysis
twice
1
more
than
calendar
any
January
year
December

31

1
2
3
4

5
6

assigned

to

the

Personnel

assigned

to

Internal

Personnel
to
assigned
Public
Morals Bureau.

the

to

the

Underwater

Personnel
Team.

assigned

to

the

K-9

B

Helicopter

pilots

9

Regular
positive

to

police
personnel
test result.

Probationary
sworn

police

-

personnel

of

C

city will
provisions
testing.

with

and

Bomb

Recovery

Detection

management.

and helicopter
a

observers.
first confirmed

personnel.
not

Group B may be subjected
time but not more than one

the

hostage

and/or

Weapons

Special

assigned

assigned

B.2The

Narcotics

Personnel
Team
URT

Personnel

B.1Other

Affairs.

the

Personnel
to
assigned
Tactics
Team
SWAT.

7.

10

Commissioners office.

Personnel

included

in

A

to random testing
time any calendar

test
all the
employees
of this policy
during

covered
the

above
at

any

year.
under

first year

of
random
seect_n
any
employee
testing
shall
not ---event
other
or
further testing
for
any
that employ- as provided
in this policy.
The

l

5

 D

E

B

For random testing
in either Group Assignment
A or
an individuals name shall be withdrawn
from the pool
for any of the following
IOD leave approved
reasons
to
a
notice
of
prior
testing
hospitalization
leave
or
layoff
vacation
approved
personal
any
other absence.
Other

1

Testing

Circumstances

Post-Accident

a

personnel

shall

be

tested

commissioner his designee commanding
or department
head
has
officer
inspector
reasonable
that
were
-drugs
suspicion
The

involved

2

Police

when

in the

accident.

who
Employees
in
are returned
to work
following
participation
a drug rehabilitation
shall be required
program
at the
to submit
to
return to
Citys option
work and follow-up drug test to ensure that
remain
for the
they
substance
free
following
time period
A- 4
Group
Assignment
years
Post-Rehabilitative/Follow-up

Assignment
B - 2 years.
.Suc testing
Group
shall be in addition
to any other testing
which
this policy.
under
may be required/authorized

Q

F

Positive
Test
this
policy
result

_G

Results

Unless

final
a
positive
in immediate discharge.

otherwise
noted
in
test
result
shall

Reasonable
suspicion
where
there exists a
is under
the
employee
under
the
provisions

An employee
be
tested
may
that the
reasonable
suspicion
influence
of drugs
as defined
of
this
The
term
policy.
reasonable
of
suspicion
shall
for the
purposes
this program be defined
as observed
aberrant
unusual
behavior
not immediately
by causes
on-duty
explained
the
other
than
that
of
drug
use
and/or
physical
manifestations
of
use
drug
drug
e.g.
observed
paraphernalia
possession
test may be conducted
when

1

of

drugs

etc.

A

Observed
by the employees immediate supervisor
or higher
officer
and confirmed
ranking
by the
of another
officer
or
observation
supervisor.
Such observations
must be documented.

6

C

 2

The

type

of

behavior

a

recognized
intoxication
These

observed

and documented
symptom of
or use of drugs.

and

accepted
impairment

signs may

be

but

are

in maintaining
difficulty
slurred speech

abnormal

or

erratic

not

limited

is

to

balance

behavior

apparent
to perform
inability
assigned
in a safe
and satisfactory
manner.

duties

who
are directed
Employees
to reasonable
to submit
cause
shall
testing
be
relieved
from
all
police
duties and placed on administrative
leave of absence
with pay pending
of test results and the
the receipt
completion
of
conducted
the
any
investigation
by
City.
A positive
reasonable
in immediate discharge.

V.

ll.

TESTING AND TEST

A

Drug

suspicion

will-.result

RESULTS

give

Testing
Procedures
be used whenever
an
a urine sample

1

A urine

shall

testing

The
following
procedure
to
is required
employee

will be taken
sample
of the
employee.
collection
shall be done in such a manner as
to protect
the authenticity
and reliability
of
the sample and the privacy
of the individual.
The

2

after the sample
has been given
Immediately
it
will
be
divided
two
into
equal
parts
at
provided
been
least 60 ml. have
provided.
Each
of the two
of the sample
portions
will
be separately
sealed
labeled
and stored
in a

2

2

1

secure and refrigerated
One
of
atmosphere.
the
delivered
to
will
be
sent
samples
or
a
testinc
at
the
laboratory the other retained
collection
center.

7

C

 3 a

each instance
of a drug test
a chain
of
will be followed.
custody
procedure
This
is
to
account
procedure
used
for
the
of
urine
integrity
each
specimen
by
and
tracking ..it
handling
storage
from
of
collection
point
specimen
final
to
In

disposition

b

of

the

specimen.

form will be used
A chain
of custody
from
the
time of collection
to receipt
by the
testing
laboratorys.
Upon receipt
by the

laboratorys
chain
sample

4

5

r

an
appropriate
laboratory
of custody
form accounting
for the
within
the laboratory shall be used.

A
tamperproof
in the
sealing
system designed
manner
that
the
bottle
will
be
such
specimen
sealed against
undetected
and the bottle
opening
can
be identified
utilizing
an
identification
number identical
to that appearing
on the urine
and
custody
control
form.
shall
be
Space
provided
to
initial
the
bottle
thereby
affirming its identity.
Should

be
the
unable
to
employee
the
pass
required amount of urine be/she-shall
remain at
the collection
center and follow all directives
collection
given by the
site person until
such
time as 60 ml. or more of urine has been passed.
Should
the employee
be unable to pass at least
60 ml. of urine
during
his/her
shift
he/she
shall
be
referred
to
the
Citys designated
who
shall determine
physician
if such
inability
was purposefully
done
or medically unavoidable.
If medically unavoidable
the employee
shall
be
eligible
by
the

for retesting
Commissioner

at any
during

times
a

designated
twelve
month

period.

B

and Review
All confirmed
by MRO
positive
test results
drug
be referred
shall
to an MRO
who
shall perform the following
tasks
Report

1

Review
results

2

the chain
of custody documents
for completeness
and accuracy.

Giza the
r_cu1ts.

employee

an

opportunity

to

and

test

discuss

the

1

8

C

 3

to be no medical reason for the
appears
test result
which
is acceptable
to the
test shall be verified
as positive
and
to the Deputy
Commissioner
of
reported
and
Administration the Citys EAP Coordinator
If there

positive
MRO the
the same
the

4

C

employee.

Should

the
a
employee
provide
medically
to the MRO the MRO shall
explanation
acceptable
to the
collection
the
test
as negative
report
in turn
shall report
same
to the
clinic which
Deputy Commissioner.

Retest

Procedures
Following
Positive
Drug
Test
If the confirmatory
test and medical
review
is positive
for the presence
of an illegal
drug the
will be so notified
and the
and the employee
employee
PBA
will be provided
with
of all
documents
copies
to the test sent to or from.the employer by
pertinent
the
The
second
untested
laboratory.
sampler which
been retained by the
shall
be
collection
center
has

Results

submitted
by the City to the testing
laboratory
using
the
noted
herein.
The
testing
procedure
employee
the PBA and the City will be given a copy
of the
results.
Should
second
result
be positive
the
the
and PBA
the
waive
employee
right to challenge
any
of the
the
integrity
of
custody
or
testing
chain
for either sample.
protocol

.

D

C

Integrity- and 8mnloyee
Conduct
SDeoimen
Specimen
collection
will occur
in a clinical setting
and under
strict procedures
so as to avoid
specimen
tampering.
Careful chain of custody procedures
shall be followed
times.
at
all
to
hinder
collection
attempt
Any
or to
adulterate
substitute
procedures
a urine
or
will
result
in
of
an
sample
disqualification
and
the
applicant
disciplinary
charges
against
and a re-test.
employee

E

Negative
Reasonable
Suspicion
The
PBA
Test Results
shall
be immediately
a
of
provided
complete
listing
all
of
its members
who
are
tested
either
for the
random
or
reasonable
test.
The
PBA
may
suspicion
reasonable
suspicion
thereafter
review
any
negative
Suh review shall be through the contracts
testing.
grievance
a-j
arbitration
mechanism.
Each
such
auestior
at
directly
by the PBA.
shzuld be initiated
3.
Should
an
arbitrator
determine
Step
ultiiately
that
the
.._.
as
bad
faith
on
the
part
of
supervising

rfficer

who

initiates

the

reasonable

._.
9

C

 otherwise
acted
in an
suspicion
test or that he/she
arbitrary
or capricious
the
arbitrator
manner
may
award
the employee
involved
at
up to one-days
pay
time rate
and
straight
other
his/her
regular
any
deemed appropriate
penalty
by the arbitrator.

F

Positive Test Results
Procedures
For the purposes
of this policy unless
otherwise
stated an employee
may not be terminated
or otherwise
to any
subjected
action
disciplinary
for prohibited
until
drug usage
the re-testing procedures
as defined
are completed
in
section
of this procedure
and said test is

VC

deemed

G

a

positive

test

by

the

M.R.O..

Refusal

to Submit
to Test
who
fail
Employees
or
refuse
to immediately
for testing
as directed
appear
shall be subject
to the discipline
of the
procedures
collective
Such
a failure
to
bargaining
agreement.
submit to a test will result in the suspension
of the
and thereafter
to
will be
employee
he/she
required
submit to a test within
test
24 hours of the original
A further
request.
failure to submit
to this second
test will result in discharge
of
under
the provisions
this policy.

H
VI.

Employee
Rights
shall have a right
Employees
refuse
a random test above and beyond the
set forth in this agreement.
requirements

EMPLOYEE

A

ASSISTANCE

Employee
of
the

REHABILITATION

Assistance

PBA

Assistance
of the EAP

1

AND

Program

Educate

The

shall

to

to

City with

promptly

EAP.

employees

about

the cooperation
develop
an
Employee
It shall be the purpose

the

dangers

of

substance

abuse

2

Provide

a

resource

drug abuse

3

for treatment

of

alcohol

and

problems

Assist

with a number of other services
employees
unrelated
to substance
abuse designed
to aid in
the
intervention
identification
and resolution
of

personal

problems

financsi
which
etc.
ereloya.s employment

e_g.

family

marital

negatively
impact
with
the
Buffalo

on the
Police

10

C

 4

Provide

initial

identification

counseling
counseling

short-term

problem
referral

if necessary
to a professional
or person
agency
to resolve
who can assist the
employee
his/her
and
to
offer
follow-up
and
problem
support
monitoring.

B

be
free
to
EAP
shall
any
of
to
professional
help
any
immediate
is
employee
or
family member
referred beyond the services
of the EAP and what
may
be
health
insurance
the
covered
by
employees
of the employee.
program shall be the responsibility
The

services

C

Use

of
an

EAP

of

The

employee.
which
the

the
costs

services

or

shall
employee
incompetence misconduct
by

any
not

further

professional
help
for
discipline
or unsatisfactory
job
shall be pursued
in
imposed

per-formance.
accordance
collective

D

preclude

Any discipline
with
applicable
bargaining

provisions

of

the

agreement.

Confidentiality

Use
of
EAP
services
or
further
shall
be confidential
when
help
except
professional
is
the
as
waived
confidentiality
employee
by
be maintained
discussed
below.
EAP
records
shall
coordinator
and -shall not be
separately by the EAP
included
in personnel
files.
The EAP shall provide
the Citys EAP coordinator
with statistical data only
the use of the
regarding
program
by City employees
members of
their immediate
families.
In this
there shallbe no names
or reference
of any
whatsoever
that
would
enable
type
any
Department
official
to identify
of the EAP program.
any subject
and

regard

E

Terms Pending
Drug Rehabilitation
While
undergoing
treatment
in the Buffalo
Police
Departments approved
program

1

the

employee

whatever
Shall be relieved
of duty
utilizing
leave time may be available
in accordance
with
the
the collective
and/or
bargaining
agreement
to
federal law.
The employee
shall be required
utilize
personal

leave
all
paid
before
utilizing

credits
paid sick

vacation
leave.

11

C

 2

Return

to

Duty
Following
Rehabilitation
be
to
returned
light duty
may
the
of
such
contingent upon
availability
an
when
assignment
Light

Employees

a
b
c

They
have
successfully
required
in/outpatient
program and
They have
designated

obtained
EAP

continue
They
rehabilitation

a

full

the
completed
rehabilitation

release

counselor/physician
the
program

from
and

the

recommended/prescribed
as determined
by the

EAP.
While

on such
light duty
the
to regular
subject
and frequent
testing.

3

Return

a

to Full

Duty

The
return
to
full duty
employee
may not
has
until
he/she
satisfactorily
completed
the
abuse
city-approved
drug/substancd
obtained
and
a
program
negative
drug
urinalysis
clearance

C

employee
may be
urinalysis
drug

test

result

from

the

and

gained

Citys

written

designated

physician.

b

be returned
the
to
full
employee
shall
be
in
duty
status
he/she
placed
Group
Assignment
A
for
a
period
of
fortyeight
months.
Should

48

12

G

 VII.

AMNESTY

A

REHABILITATION

PROGRAM

Treatment/Rehabilitation
unit
PBA
bargaining
addiction
treatment

Encouraged
who

have

a

Members
of
abuse

the

or

drug

are
to
seek
problem
hereby
encouraged
and rehabilitation
under
this City/PBA
EAP
in this program
shall
be
Participation

program.
without
fear

of

any

discipline

or

discharge

penalties

provided

1

in such
treatment
and
Entry and participation
rehabilitation
must occur
to
prior
employee
selection
for random drug testing
or selection
for
reasonable
or
post-accident
suspicion
testing.

2

An
employees
material
aspect

refusal
of the

to
in
any
participate
EAP counseling/
subject
or a failure to complete
as may be required by the

rehabilitation
program
and testing
counseling
EAP the referral agency
doctoror
counselor
shall be cause
for termination
from employment.

3

must
and
all
releases
employee
sign
any
so as to allow the City to ensure
and/or waivers
in
the
employee
participation
counseling/
Information acquired
rehabilitation
by
program.
the city shall be viewed
by only those. in a need
to know
status
and shall
be filed
separately
The

from
the
file.
In
employees
personnel
other
the
respects
employees
right
shall be respected.
confidentiality

4

Confirmed Positive
A positive
Test Result
drug
test
and
MROs confirmation
the
of
a
result
in
test
result
positive
drug
following
entry
of
and/or
any
completion
shall result
in
treatment/rehabilitation
program
the employees discharge
of
under the provisions
this

5

all
to

policy.

Awareness
And Education
An Awareness
Program
and Education program
will be in effect
during
the first three
months
the
following

3

effective
three
3

date of the agreement and during
this
month period
no drug testing
under
the
AP
provisois of this policy or uc.til the joint
shall be conducted.
preora- is in effect

13

C

 VIII.

PART

OF

CITY/PHA

CONTRACT

This
shall
be
considered
policy
Collective
Bargaining
Agreement.

IX.

CHANGES

IN

MEDICAL

COVERAGE

BY

part

of

the

City/PBA

PROVIDERS

In the event
that any or all the providers
of health
care
benefit
insurance
or change
the levels
or coverage
modify
the
for drug treatment
related
medical
activities
during
life of any collective
the employees
bargaining
agreement
covered
under
of this drug testing
the provisions
policy
shall

have

1

the

following

insurance

protection.

affected
the
so
shall have
option
Any
employee
select any other health
care insurance
plan offered by
limitation to open enrollment periods.
city without

to
the

2

Any out of pocket
experienced
by the employee
expense
for drug treatment
related
activities
not covered
an
by
insurance
this period
will be covered
by
provider during
the city.

X.

APPENDIX

lt.

This

V

the
was
between
testing
policy
negotiated
contained
in an interest
complete
obligations
decision.
The alcohol
of the interest
portion
decision
was discussed between
the parties
and
and information
from arguments
presented
by the
to the citys current
abilities
to effectively

drug

to
parties
arbitration
arbitration

resulting
union
as
deal with any alcohol
abuse
issues through
existing
policy
and
the
has
to
review
alcohol
procedure
city
agreed
needs and will raise this issue with the union
in
testing
the future
if required.

14

C

 IN

WITNESS
the
THEREOF
set their hands

hereby
1994.

Robert
Buffalo

Meegan

Pre

Police

Ben
Inc.

Association

t

Tent

proper
this

officials

R.Gil

i

each

of
day

of

party

u

is

do

T

Kerlikowske

Commissioner of
City of Buffalo

Police

Daniel J. Farberman Director
Division
of Labor
Relations
City of Buffalo

C

15

C

 ADDENDUM TO BUFFALO
POLICE DEPARTMENT
DRUG TESTING POLICY
\

The

DEPARTMENT
hereinafter

9

on August

DEPARTMENT
CITY OF BUFFALO POLICE
hereinafter
INC.
AND THE BUFFALO POLICE BENEVOLENT ASSOCIATION
agree to amend the Drug Testing Policy adopted
1994 as follows

PBA

There

1.

participation

of

the

PHA

be

one

officer

police

by

hundred

in

for

testing

drug

the

100

percent
of

the

Department

Commissioners

and members

employees

commissioner and Deputy

the

including

will

first

three

years

of

the

program...

agreed

to

force

then

sworn

alternate percentage

an

of

the

testing under the

and

procedures

3.

of

each

tested

using

by the police

participation

set

at

fifty

percent

50%

of

Drug

day

moratorium

Testing Policy following

the

signing of

be

a

ninety

the

Department

program relating to

will

the Drug

on
the

initiate an

Testing Policy

thereunder.

The

Department will notify the

year

during the

computer

hereto have not

parties

90

will

education

calendar

4.

of

be

During this moratorium
and

the

Department.

There

2.

awareness

shall

participation

members

Addendum.

31 1998

after December

If

of

course

Drug

any
of

testing

software

PBA

by

bargaining unit members
the preceding

shall

except

be
in

calendar

performed on
circumstances

January
who

31st

were not

year.

a

random basis

arising under

 IV

Article
certified
PBA.
the

of

copy

The

Department will

of

B

otherwise

the parties
II

/S

removed

be
will

the

site

Q

will

from

IV

without

to the
unit

E

Sections

is jointly selected

his

each

rescind

MRO

or

If

by the

pursuant

and

the

MRO

parties

V

to Article
should

resign
as

MRO

will

have

her responsibilities

calendar

its

year

designation

The

B

a

each
of

party

the

MRO.

of the

his

or

her

In

the

the

MRO

responsibilities

Drug Testing Policy

until

the

successor.

Parties

Harlem Road

be Buffalo

continue

will

Section

selected

at 2605

the

bargaining

parties rescinds its selection of the MRO

V

7.

located

end of

position

under Article
parties have

process

to

jointly select a replacement NRO.

to

opportunity

in

Article

the Drug Testing Policy.

of

event one of the
then

ection

selection of

to

Medical Review Officer

At the
the

pursuant

Oscar Lopez M.D.

hereto as the
Section

be provided

officer.

for

designee

A

Testing Policy.

Testing Policy.

Drug

6.

or

his

for drug testing
the

conduct the

not

a PBA elected

of

or

President

G

the Drug

of

The Department will provide reasonable notice

5.

members

G

and

selection software shall

the

participation

PBA

E

Sections

Police

agree to use

Business

Cheektowaga
Headquarters.

New

Care

York.

with

The

offices

collection

 IV

Article

8.

A

Section

amended

is

to

provide

as

follows

A

C

Testing Based

may be subjected

Group

on Assignment

The

following

random urinalysis tests at

to

during their regularly scheduled
more than twice

A

but not

duty

year January 1-December

calendar

any

tour of

time

any

31

1

Personnel

assigned

to

the

2

Personnel

assigned

to

Internal

3

Personnel

to

assigned

commissioners
Affairs.

Narcotics

the

office.

Public

and/or

Morals Bureau.

4

Personnel
Tactics

5

Team

the

special

weapons

and

SWAT.

assigned

to

the

Underwater Recovery

Personnel

assigned

to

the

K-9

Personnel

assigned to hostage management.

Personnel

Team

URT.

.i

6
7
8
9

Helicopter
Regular

pilots

police

positive test

10

PBA

said

agree

Policy.

to

Detection

Team.

helicopter observers.

personnel

with

a

first

confirmed

result.

Probationary police. personnel.

Testing policy
review

and

Bomb

During the first year of implementation of this

9.

C

to

assigned

Drug

the

and

city

PBA

After the

Policy.

meet twice

the

a

year to

agree

first

to

year

further review

meet
the

Drug

quarterly to
City

and

the

the Drug Testing

 AeA

WITNESS

IN

hereby

set

WHEREOF the proper

their hands

this

officials
day

of

of

each

part do

MAI

1996.

ROBERT

P.

MEEGAN

President

Buffa

GREGORl

JO

D.

Director
o
a or
City of Bu falo

o

J

PB

elations

PATRICK G. STAFFOR
Deputy Commissioner Buffalo
Department

Police

  

Scheduling

Information

MEMORANDUM
This

of Buffalo

the

agreement entered

hereinafter

the

OF AGREEMENT

the 24th

Into

City and

day

of

January 1997 by and between the

the Buffalo Police Benevolent

Association

City

hereinafter

PBA.

WITNESSETH

WHEREAS
Involving

the City

and the PBA have negotiated

in

good

faith to

resolve

problems

headquarters schedules.

NOW

THEREFORE

in

of

consideration

the following

mutual

covenants

it

Is

hereby

agreed as follows

..
effect

1.

The

2.

The attached

parties

on or about

shall

continue

to discuss

schedules

February

2

The PBA acknowledges

to

that

for

April

and/or

221993

referenced

In

amends

schedules

Section

to the extent

that

4

Commissionerreserves

5-2 personnel

that

Commissioner may create new positions

modifies

and Traffic.

the extent not currently in effect

the Pol ice

The PBA further acknowledges

The attached

for A.I.U.

shall

be put

into

1997.

agreement to adjust the work hours

3.

schedules

for

for

his

authority under the

between 600 a.m. and 1000 a.m.

positions

covered

the afternoon and/or

by the 5-2 schedule

night

shifts.

and the parties agreement concerning

the

schedules

2 b and c of the Contract Settlement Agreement

the enclosed

schedules

are inconsistent

the

dated

w4h the schedules

the said Contract Settlement agreement.

OK

 Where

4.

shift

all

The

The

In

between the

parties

reaffirm

parties

agree

consideration

parties

the

to

of

the

of

agreement

parties

schedules actually changed

will

be subject

Commissionerss right to annually adjust manpower

meet and discuss problems which might

as a

arise

schedulesand understandings

the attached

schedules the PBA

the attached

concerning

of this

upon execution

levels

result

of

agreement grievances

will

and agreements

withdraw

with prejudice

G 91-174 G 92-477 G 96-59 G

96-78

and

96-91.

8.

In

result

changed schedules.
7.

G

a

shifts.

6.

the

as

bidding.

5.

on

schedules only those

the enclosed

concerning

to

schedules are changed

shift

to

Except

the Settlement

the

collective

the extent

Agreement dated

bargaining

addressed

specifically

April

agreement

22

shall

In this

Memorandum

1993. the provisions

remain

In

of

of Article

Agreement and
Section

Il

2.2

of

effect.

ti

IN

this

24th

WITNESS

day

of

WHEREOF

officials

of

each

parties

do hereby

set

January 1997.

GIL KERLIKOWSKE
COMMISSIONER OF POLICE

R.

theproper

P. MEEGA
PRESIDENT BUFFALO

ROBERT

B

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CHI

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five

Outside
non.

 BUFFALO POLICEDEPARTMENT

Date

01/22/98

To

R

Gil

Kerlikowske

Commissioner

of

Police

f

i/J/JpMn
From

Mark

Capt. Gerald SchoenleLt.

Makowski

Lt.

J/y

V

j 4

Daryl Ricigliano
f

Subject Change

to

Attention

10-Hour

Insp.

Workday

John

Robert

Lt.

F. Brill

Administration

Meegan

Communications

FBA

Sir

We

respectfully

that the

request

following

positions

be changed

to the

10-hour

Reauested

Schedule

workday
Position

Captain

Current Schedule

Communications

5-22.

n.

431

4-34-34-33-4-DAYS

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hFT-W-R

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M-Ft.

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tit-R1

4.34-34-33-4 - DAYS

or Capt.

Planning

T-W-R-F

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4-34-34-33-4 - DAYS

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T-W-R-F

Management

tted

ctfully

Gerald

W. 3choenJe

Capt. Communications

Ifar
Lt.

Dary4Jci liano

Malotivski

Planning

g

Analysis

Lt.

Fiscal

Management

 Buffalo Police Benevolent Association

Inc.

74 FRANKLIN STREET

BUFFALONEW YORK 14202

ROBERT

P.

716 842-1258.
FAX716 852-4228

MEEGAN

President

JOHN
lst

USZKIEWICZ
President

Via

RANDIE
2nd

SETTLEMENT

JOSEPH

Vice

President

CUONEY

JAMES
Recording

WILLIAM

Secretary

MISZTAI

Treasurer

of your
correspondence to Robert P. Keegan and John
dated
June 26
1997
the
concerning
proposed work
for members of the AIU has been given to me for review.

A copy
Jusakiewic2

G-97-55
schedule

The

PBA

0-97-61

referenced

C
t

to withdrawing grievances G-97-39
G-97-71
G-97-80 G-97-81 and G-97-84
of your June 26 1997 correspondence.

is agreeable

G-97-70
in item 2.

as

As for item 1. members of the AIU will work the same number
hours as currently scheduled but there will be weeks when they
due to the
to work
are
scheduled
approved schedules
regularly
more than forty 40 hours.
In other weeks however
they will be
We agree
and work less than forty 40 hours.
regularly scheduled
additional
as
a result of the
schedule
no
compensation is due
itself.
schedules
will be 11-9 3-1 7-5 and are
The agreed
upon
of

r

on

a

weekly
This

in

rotating

basis.

resolution is consistent
with and
Agreement and grievance
with the Memorandum of Agreement dated
January 24

compliance
1997.

Robert P. Meegan J
President
Buffalo Police
Ben
olent
Inc.
Association

Dated

7/

Gil

R.

Kerlikowske
Police

Commissioner of
City of Buffalo

Dated

off/

trl
t

mss

Affiliated

with

Western

and

New

York

National

Police Conference
Association

Inc. Police Conference

of Police

Organizations

Inc

of New

York

Inc.

.5

 AGREEMENT

Pursuant

to

PBA

had

a discussion

this

date

between Deputy Commissioner George

wherein the PBA was advised

that it was the
Meegan
Department to post three new Captains positions for bid-p lrposes and for
assignment from the next Transfer List and that one of the Captaiffs positions an
in the Police Academy
would be for a YWk shift other than what is
additional Captain

Loncar and

desire

President

Robert

of the

presently

1.

being

worked

in

the

The Department
February

Academy

will

3 2000

the Parties

post the three

for bid

pursuant

new Captains
to

the Transfer

transfer and assign the affected Captains

PBA acknowledges
instead
this

that the

of the required

thirty

bid

ag ee as follows

period

days and

positions
List

on

this

from the next Transfer

will

only

be

for

date
and

Agreement

List.

twenty-eight

will

The

days

waives that requirement

affirmatively

in

instance.

C
2.

The Department
Police

wishes to assign the newly created

Academy

commencing

at

a ten

to

10

hour rotation

1600 instead of the eight

existing Academy

Rocc
Buffalo

8

hour

Captains position

4-4 4-3

shifts

with the

in

currently worked

The PBA agrees that the newly created
work the ten hour schedule 1600 - 0200 and that
the

same.

February 3 2000

J. Dil

Police

Commissioner
Department

the

shift

by

personnel.

Captains position will
other Academy schedules will remain

Dated

schedule

obert P.

PBA

Meegan

Pr

nt

all

 City OfBuffalo
-DepartmentOfPolice-Office
of the Deputy Police Commissioner

To

Robert

Meegan

President

PBA

From

George M. Loncar
Deputy

Change

Subject

Date

Commissioner

Police

in

December

Wheel

Divisions/Units

selected

configuration

31997

Dear President Meegan

BD

As you

are aware since January 1997 Patrol Districts
Wheel concept.
working schedules designed around a two

2

after

inaugurated
assess
is

their

now

desired

Districts
In

in

1.

2.

and

that

which

furtherance of

it

beneficial

being worked
it is

The two-wheel

schedule

The use of

is

the

will

to

the

expand

continue

to

two-wheel
its

use

have

been

schedules were

on

be working

in Districts

be implemented

will

a

basis

trial

satisfactorily

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Il

 BUFFALO POLICE
BENEVOLENT ASSOCIATION INC.
74 Franklin Street
Buffalo

Area Code

716

Room

New York

110

14202

Phone 851-4501

or 842-1258

Fax 716 852-4228
E-Mail buffalopbaAverizon.net
Website buffalopba.org

LT.

JAMES W. PANUS.
PRESIDENT

PO KEVIN M. KENNEDY

DET.

1ST Vice President

2d

PO JOHN EVANS
Recording

Secretary

INSP.

WILLIAM GAMBINO

Vice President

WILLIAM

-

2005

MISZTAL

Treasurer

PBA By-Law Committee

1

J.

 TABLE OF CONTENTS

PAGE

ARTICLES
Title

1

Page

Table of Contents
Article I

2

- Name

Article II

3

- Purpose

Article III

4

5-8

- Membershi and Dues

Article

IV - Officers

Article

V - Eligibility of Office

11

Article

VI - Nomination

12

9-10

of Election of Officers

- Executive Committee

Article VII

13 -15

Article VIII - Board of Directors
Article IX
Article

- Committees

X - Order

Article XI

17 -18

to

- Laws

20

By-Laws

- Misconduct and

Article XIII - By

19

of Business

- Amendments

Article XII

PBA
PBA
PBA
PBA
PBA
PBA
PBA
PBA

16

21

Penalties

-

24

25

in Effect

Resolution

93-1

26

Resolution

94-1

27

Resolution

96-1

28

Resolution

97-1

29

Resolution

99-1

30

Resolution

2001-1

31

Resolution

2005-1

32

Resolution

2005-2

33

Summary Plan

Description

Death Benefit Plan - Plan No.

Summary Plan
Health

34 - 39

1

Description

Welfare Benefit Plan - Plan No. 2

Amendment No.1

to the

Amended

Restated

Declaration of Trust of the Health

40 - 47

Agreement

Welfare Plan
48

Summary Plan

Description

Severance Benefit Plan - Plan No. 3

2

-

2005

49 - 55

 BY-LAWS

of

BUFFALO POLICE BENEVOLENT

ASSOCIATION INC.

AMENDED

August 17 2005

ARTICLE

I

Name
The name of
Buffalo Police
Hereinafter

3

-

2005

this Association shall be the

Benevolent
referred

Association

to as the

Inc.

Association

 ARTICLE

II

Purposes

The purposes of

are

the Association

a To

collectively with the City of Buffalo

negotiate

in the determination

of terms

and
conditions
Buffalo

of employment and act as the exclusive

Police

Police

c

on

agent

of all City of

behalf

Officers

b To
Buffalo

bargaining

promote greater economic

status and better working

for City of

conditions

Officers

To

promote

greater

from

acknowledgment

the

public

of Police

Officers

as

members of their profession

d

To

serve

on

associations

as

To oppose

means of exchanging

information

among

member

police

of common interest

matters

e To propose
f

a

support and promote favorable

legislation detrimental

to the

legislation

interest

of Police

and contrary

Officers

to the good of the public

g To
h To

4

-

2005

aid and assistance

to Police

Officers

and police associations

wherever

and

possible

which

give

is

promote

composed of

a completely democratic

Delegates

elected

society within

the

Executive

from each District Bureau Division

etc.

Committee

 ARTICLE

III

Membership and Dues

Section

1

Membership

-

Membership
All

Department.

and

Association

of ten

dollars

Committee
present

be signed

and

New

-

considered

maintenance

Section 3

-

application

vote

shall notify

records

with the

together

by a majority

official

on

for action

Treasurer

Secretary

forms provided

the

at

cards

shall

the
fee

Executive

next

new member

of the Association.

of payroll authorization

by

initiation

of the members

each

Police

who

are

of their

New members
immediately be

of Absence

of absence without pay from the Buffalo

takes a leave

Member upon payment

Associate

an

the

of the City of Buffalo

in writing

of membership.

Police

of a Twenty-five

Department

Dollar

$25.00

fee.

Member on Unpaid

Sick Leave

Any member in good standing who
remain a member in good standing and

shall

to

shall be elected

rights and privileges

Any memberwho
be

shall

forwarded

fee and signing

Members on Leave

Such

applicant.

The Associations

initiation

eligible for all benefits

Section 2

the

enroll their names on the

of the

upon payment

be

shall be

membership

members

meeting.
shall

by

shall

$10.00

meeting.

acceptance

for

applications

shall

such

at

be restricted to Bargaining Unit Employees

shall

shall have
shall

not

exceeded

his/her

be assessed

allotted sick leave

time

any dues while on unpaid sick

leave.

Section 4

-

Change of Address

member is

Each

required

further required to provide

to keep

the

Secretary

informed of his/her current address and

other data or information

any

as

may from

time to time be requested

is

by

the Association.

Section

5

-

Maintenance

Maintenance
requirements

for

in

voice

in any

privilege accorded

5

-

2005

to

in this Association

who

membership

delinquent

are delinquent
or vote

Standing

standing

Members who

will be considered

who

good

Good

membership and

ineligible for continued

and By-Laws.

in

fail

to pay

and subject

Association
in

good

their dues

any person

or expelled

not

good

has

the

the

in this Constitution
periods

from membership.

standing

are not

prescribed

Members

entitled to any

nor shall they be eligible for any benefit

standing.

fulfilled

from membership become

within

suspension
in

who

as provided

or assessments

to automatic

or otherwise

meeting

includes

not voluntarily withdrawn

or been suspended

under suspension

members

has

right and/or

 Section 6

-

Testifying

Any PBA member who
Grievance

Arbitration

or

is

Practice

Improper

the

President.

Article

XII

Failure

Section

-

Dues

All

PBA

Section 7

which amount
Due

-

All

Police

If

additional

account

IRA

Section 10

The
at

is

at

a

the

Benefit

standing

of the

of

dollars

fifty

has

Fund.

Such

of April

as

Fund

return
year

Fund were

into by and between

2005

and

shall

to

the

until

Benefit
shall

maintain

payroll deduction

1.5

contemplating retirement

than 30 days in advance

retirement

of

Only under

allotment.

and only

after

a

meeting.

receive

your

PBA

Department you

individual

will receive

an

retirement.

Fund

retired

and the

as of

members

a Severance

March 21

the Trustees

in

1987.
pursuant

good

Fund

The Death

Fund and

benefit

extent

standing.

Benefit

to an

Benefit

for the

and to the

Retirement

both established

while funds are available

be maintained

their beneficiaries

Fund

17 1953

are established

Benefit

Funds

and

Association

established

-

through

Inc.

later

and

Department

later

$50.00 per

membership a Death

Death Benefit

6

expulsion.

basis will this by-law be waived

Police

and

established

benefits of the

entered

a violation of

Account Allotment

Buffalo

IRA

rate

PBA no
PBA

notify the

a regular meeting of the executive

at

allotment

Association

Welfare

Welfare

replacing

- Funds

the will of the

Benefit

is

13 2003.

to be eligible for

on a case-to-case

obtained

from

retire

you

or

City

who

a

Police

such gross earnings.

all

Benevolent Association

shall

in order

9 - PBA Individual Retirement

retirement

in

testify

off will be one and one half percent

carried August

Police

Department

emergency

vote

simple majority

the Buffalo

of retirement

date

1%

dues check

and/or

dues

to pay

Officer

will constitute

suspension

of any and

the

Notification

members of

extreme individual

Section

PBA

further notice. Motion

Retirement

Section

shall be required

of one percent

to expected legal expenses
until

to this

according

by

PBA

or the

to

subpoenaed

PBA

President

the violator to fine

members

bargaining

from the Buffalo
anticipated

and will subject

1

shall be equivalent

of gross salary

Section 8

PBA

to notify the

or

the

concerning

PBA

Administration must immediately notify the

ordered

requested

required

The Death

Benefit

in the
Benefit

Health

Fund and

Agreement and

a Health

of members

provided

and the

or otherwise

good

plan

Fund

of
is

and Welfare

the

Declaration

of the particular Fund and the Association.

in

and

Health and
of Trust

 The

President

and the Treasurer

enter into agreement with the Trustees

of Trust.
which

However

shall

amending

that each such

Fund

in Section

for a tax-exempt
shall

trust

be administered

-

2005

of the Association to

12

below.

It

is

intended

to

that all

under the provisions of the Internal

accordingly.

of the membership shall be required to terminate any of the Funds.

7

behalf

and restating the said Agreements and Declaration

under the Funds as described

meet the requirements

Revenue Code and

on

no such amendment shall affect the terms of the plans or programs pursuant

benefits are paid

these Funds

are authorized as necessary

A two-thirds 2/3

vote

 Section

- Contributions

11

The
Members

Association

in

shall

Good Standing

to each of the said Funds

contribute

or such other

amounts

such portion

as the Executive

of the dues paid by

Committee

shall from time to

time determine.

- Plan

Section 12

The
Severance

of Benefits

Fund and

Benefit

or

shall

submitted

be distributed by the Delegates

Each member

eligible to vote

may

Fund and

Benefit

of the majority

to the approval

to the Executive

under the Death Benefit

benefits are paid

the Health and Welfare

be subject

shall

program
amendment shall be
plan

to which

or program pursuant

plan

Committee

at

any amendment to any such

divisions

to Section

pursuant
effective

only

if

However

a majority

Fund

which

shall only

affects the

become

duties

rights
if

effective

The

adoption

of such amendment by the membership as herein provided.

of the Trustees

- Offices

13

Section

The Death

5

shall serve as Trustees

To

disability.

- A. of
meeting

Fund

Secretary

be a Trustee

PBA

from January

1

The

Benefit

Fund and

responsibilities of the

or

obtained

in

Trustees

either before

a participant must be a

The

retirement

1996

on

Trustees

allotments

by a

the Health and Welfare

the Treasurer the

President

of the Association

the

or after

be made available on the

vote.
last

Fund

2a

Vice

Board of Trustees

and

Vice President
the

Benefit
the

union offices or their earlier death

member in good

of the separate
majority

1st

shall constitute

for so long as they hold their respective

these By-Laws.
all

amendment may be

to an

Severance

Trustees.

and Recording

President

become

of Trustees

Benefit

shall each have five

shall

consented to by such

writing.

consent

same

of the Association

By-Laws and a proposed amendment

the

the

at

of such votes.

such amendment

any

of a particular

Trustee

VI of

2 of Article

receives

it

and

associations.

amendment

time and in the same manner as he or she votes for the election of the Officers

proposed

meeting

and various

the proposed

either for or against

A

of the membership.

or prior to the monthly

to their districts bureaus
vote

Fund the

as defined

standing

funds must approve

PBA

retirement

at

in Article

III

each quarterly

allotment

checks will

day of each successive

business

or

quarterly

monthly meeting of January April July and October.

Section

14

- Vacancies

If any

serve

until

occurs

vacancy

disability of a Trustee

such

time as the

appointment of a Trustee

8

-

2005

in the

Board

or for any other
President

for the balance

of Trustees

reason
has

the

filled

of any

President
the

vacant

of the officers term.

Fund

shall

as

appoint

office

a result of the

a successor

which

shall

also

death

Trustee

or
to

constitute

 Section 15 - Indemnification

Effective
Association
while

Inc.

fulfilling

against

him

Officers

9

-

2005

Club

of Buffalo

January

hereby agrees

to

indemnify and hold harmless the

or

Trustee

incurred during

own

1988

to

their duties as an Officer

each such Officer

1

retroactively

personal

of the Association

shall be indemnified

such period

misconduct.

Erie

of service

Officers

or as a Trustee

and held

Police

Benevolent

of the Association

of the benefit funds

harmless against

and fulfillment of duties

any and

except

all

in a case

and

claims

of the

 ARTICLE IV
Officers

1- President

Section

The

President

shall enforce

the

He/She

direct.

The

shall

By-Laws and perform such

shall

President

If a vacancy

be

office shall

filled

have

shall

occurs

First Vice

First

year

be prevented

shall

perform

the Executive

Committee

as

drafts and checks.

Association

between

Executive

other than

office

the Presidency

said

or otherwise

from performing his/her duties

shall

Second Vice

for any

Vice

is

shall be held to

fill

2005

from the President

orders

and in the

be an ex-officio

shall

member of all
become vacant

Committees.

the First Vice President

shall

term.

President.

President

President

reason

President

all

the duties of the President.

all

for the remainder of the un-expired

Vice President

-

elected

illness

the office of President

The Second Vice

10

in any

by

shall

observe and obey

temporary absence of the First Vice President

If

for the

Committees.

any portion of the By-Laws.

shall observe and obey

President

The Second Vice

Second

act

all

perform the duties of the President.

Vice President

President

-

to

authority

the

during

shall

If for any reason

Section 3

the

shall

the Association

member of

sign all bank

He/She

by the President.

absence of the President

become

with the Treasurer

order.

First Vice President.

The

The

By-Laws of

be a ex-officio

shall

unless there is a conflict with

the First Vice President

-

as the

power to call special meetings of
he/she deems it necessary.

together

Should the President

Section 2

committees and

whenever

must

President

Committee meetings

other duties

and preserve

shall have the

President

The

all

appoint

well as all Committees

The

meetings of the Association

all

at

preside

the

shall

unable to

shall

office

become
fulfill

the un-expired

the

orders

from the President

and in the

shall perform all duties of the First Vice President.

be an ex-officio

of President
President

member of all

and First Vice

for the un-expired

obligations

term within

all

Committees.

President
term.

become vacant

In the

event

the

the

Second

of the office of President then a special election

sixty

60

days.

 Section 4

It

deposited

-

Treasurer

shall

in a

be the duty of the Treasurer

bank which

shall

be a

to verify that all monies

member of

the Federal

Reserve

to the

paid

System. He/She

an annual budget to be presented to the Executive Committee for its approval
in the

Treasurer

shall

be an ex-officio

The

Treasurer

shall

sign all the checks

Book and

-

published

the

General Roll

event

in that

months

shall

Call Book.

He/She

roll

call

-

The

vote

Secretary

at

a meeting

be the responsibility of the Recording

or Suspension

elected

officers of this

inattention to duties

conduct unbecoming their standing
require a

Section

-

two

thirds

2/3

the procedures

2005

to insure the accuracy

be responsible

shall

shall be an ex-officio

Removal

incompetence

Secretary

for an

of the Minute
account and

accurate

the

results of each

roll

call

vote

shall be

minutes.

every Executive Committee meeting the presence

Section 6

Committees.

of the Executive Committee meetings.

of a

The Recording

It

all

with the President.

shall be the responsibility of the Recording

In the

11

shall prepare

the regular meeting

Recording Secretary

of the proceedings

record

member of

The

It

shall

at

be

month of December.

Section 5

this

Association

vote

rights

Association

member of

Secretary

to

and absence of

may

all

list

all

Committees.

and publish

in the minutes of

members.

be suspended

or

removed from

office

for

misconduct in the performance of their duties as officers or for
in the

Association.

Such

suspension

by the Executive Committee.
and privileges

set

or removal

Except as otherwise

forth in Article XII shall apply.

from office
provided by

 ARTICLE

V

E1izibility for Office

In order to be eligible for an office in the Association

and must attend
nominations.

12

-

2005

three

3

Executive

Committee meetings

a

member must

during

the

twelve

be in good standing

12

months

prior to

 ARTICLE VI
Nomination and

of Officers

Election

Section 1- Nomination of Officers

All officers of the Association
in the

month of

October.

the nomination

to accept

member shall be

Section 2

-

and must be a

the

of officers

of the

p.m.

day.

The

be elected for a term of two

Section 3

-

member be

not by proxy.

13

-

member must

under Article

as defined

standing

be present

No

III.

until

candidate

2

years

shall

be

held

on

two

consecutive

meeting in the month of November.

1000

receiving

p.m. on the
the highest

commencing on

first

day and from

number of

votes

days

Polls shall

200

p.m.

to

be

1000

for each office shall

the first day of January.

Eligibility to Vote

No member shall be
any

a

office

office.

Association

day of the regular monthly

open from the time of the adjournment
the following

nominee for

member in good

1

the regular meeting of the Association

at

of Officers

election

commencing on

In order to be eligible as a

nominated for more than one

Election

The

shall be nominated

2005

entitled to vote

entitled to vote

who

is

who

is

in arrears to the Association

under suspension.

Members may

vote

for

dues nor

shall

in person only and

 ARTICLE
Executive

Section 1

-

VII

Committee

Members

The Executive Committee

DISTRICTS

as follows

shall consist of elected Delegates

A B C D AND

E

3 Shift Delegates
2 At-Large-Delegates

FLEX UNIT

1 Police

Officer

Delegate

HEADQUARTERS

2 Police

Officer

Delegates

TRAFFIC

3 Police

Officer Delegates

DETECTIVES/DETECTIVE SERGEANTS

5 Detective

OFFICERS Insp.Capts.

4 Officer Delegates

Section 2 - Eligibility For Office

a

and Voting

District Delegates

5 combined.

1

One

from MP-4.

delegate

Lts.

Also

Delegates.

2

shall

police

b

Police

Detective

accordance

Delegates

14

-

2005

with

and Section

officer

Officer

Division

of the

Police

from

Officer

MP-2

Delegates

At-Large Delegates

Delegates

from

MP-1

3 combined and one

respective
shall

Delegate

shift

shall elect

1

such

be elected by the entire police

Sergeant

shall be comprised

By-Laws

- Annual

of

5

delegates

elected

by the

rank throughout the department.

of the provisions

PBA
6

delegate

1

District.

and Detective

c The remainder
in

be comprised of

The members

officer rank of the respective

entire Detective

Delegates

for Eligibility

Article

Election

VII

for Office

Section

of Dele agtes.

5

and Voting shall occur

- Annual

Nomination

of

 Section 3

-

Duties

which
matters

be assigned.

may

they

pertaining

the

Section 4

-

conducted

business

one month during

the

of the Delegates

b The

Secretary

Recording

day

constitute

shall

General Roll

and members

Delegates

Executive

the

he/she

represents

meeting in

regular

of the Association

Committee

quorum

at

as

Book

members

or

member will
attended

having

Attendance
in

of

presence

fifteen minutes after

to remain at the meeting

Call Book.

Meetings shall

The

any meeting.

Call

be considered

will not

restricted to delegates

is

a

each month.

in the evening.

time no delegate

this

will be permitted

of the General Roll

the closing

after

month

will close the General Roll

Book and

Call

shall be held

the following

has called the meeting to order. After

meeting.

At

budget for the expenditures

meetings of the Executive Committee

not less than a majority

arrival

an annual

members

Association.

this

Committee

of the Executive

attention

shall see that the

to
all

Meetings

be held alternating

sign the

by

other Committees

all

year.

a Regular

President

to the

Each Delegate

shall authorize

Delegates

for the following

shall bring

They

to the Association.

are informed of all pertinent

December

Committee and

shall attend all meetings of the Executive

Delegates

at

be allowed to

that

particular
their

notwithstanding

of the

the regular meeting

good standing and

the

guests

attending

at

the invitation of the President.

5

Section

-

Annual Nomination of Delegates

Any member in good standing of any District
member in good standing of such District Bureau or
the Executive

Recording

Such nomination

Committee.

Secretary

not

October

in each year.

separate

ballots for each

than

later

Upon

receipt

except
ballot.

that an incumbent

The Recording

nominated

Secretary

-

Annual

Election

a one

during

1

Secretary. Elections
to

MP-1

hour period

by

Recording

depositing
voting

Secretary

15

-

If there are

2005

first

eligible voting

shall

contain

regular

Secretary

be arranged

member of the

is

persons

first

responsible

Bureau

District

all

in alphabetical order

have his/her name positioned
election

in

shall procure

names of

the

meeting

on

the

for the

or Division.

of Delegates

each year prior to the November

5 MP-2
covering

3

and

MP-4

combined

the

the Recording

Secretary. Each

or designee

the

running the

will be held

shifts

involved

two

or

more

on

eligible to vote

delegate

shall count the ballots.

Each

by

the

candidate

Thursday

Secretary

the incumbent

shall

for

from 1430

elections will be scheduled

cast his/her

Recording

candidates

Elections

the District double up day

on a payday

shall

meeting.

determined by the Recording

Secretary. All other delegate

member

such ballot in the ballot box provided

purposes.

preceding

for District Delegate At-Large will be held

2130 hours determined by
the

shall

membership on

and shall be delivered to the

shall

names

his designee

Delegate elections are to be held
District Delegate to

Such

for re-election

or

which

or Division

for Delegates.

distribution of the ballots to every

Section 6

1200 Hours

any other

in writing

of such nominations the Recording

District Bureau

nominated therein as candidates

at

Friday

for

Division as a Delegate

made

shall be

may nominate

or Division

Bureau

ballot in person
or his designee

Delegate

by
for

Recording

have the right to be present

when

 the

ballots are counted

available

two

2

shall

for the

designate

a teller

his designee

shall

or

election

The

days of the election.

be approved

In the event

Command

Officer

Section 8

-

Committee
Committee

may

In

receipt of charges

the

VII

Section

in

charges

4

must also run for

position
five

5

or

Sergeant

vote getters will be

vote getters will be delegates.

against

discretion

its

by

The Executive
The Executive

any Delegate.

consider

necessary

member in good

a

such charges

a Delegate

in conducting
at

standing

will be tabled

its

any removal
the

until

next

and decision.

be made

represents

5 and Section

of Delegates

5.

2005

must relinquish

move

to retain him/her

event

an election

as

After

accordance

union
with

thirty

as a Delegate

30

of a

days. If a

such request

for

of that term as Delegate and

completion

was

within

of the signatures of the members

a simple majority

due to that Delegates
in

schedule

for twenty

from his/her assignment

away

his/her position

concludes that said Delegate

command

shall

Secretary

end of

PBA By-Laws.

re-assignment or detail

represents

prior to the

as Delegate

post the Delegate position

shall

Recording

6 of the

wishing to retain said Delegate.

of his former

such time a

or Division

in writing containing

from his assignment

then

Bureau

that Delegate

Committee

In the

his/her position

relinquishes

of a transfer

in office

shall

c

-

District

of the members he/she

Nomination

16

may

it

be represented

receipt of nominations the

In the event

Executive

Section

of Detective/Detective

exists for such removal.

sufficient cause

against

a Delegate

event

the effected

Delegate then

Division

Delegate Elections

election the top

Executive Committee meeting for hearing

Upon

b

Delegate

Officer

Replacement of Delegates

-

days.

away

may

charged Delegate

stated in Article

the

be removed when

adopt such rules as

term

retention

cast

of a tie the election

In the event

election the top four

may

Upon

majority

within

votes

November.

position

Sergeant

Officer

Secretary

number of

highest

for that respective

delegates

be empowered to entertain written

A

a

he/she

Command

Command

shall

regularly scheduled

20

the

not

is

Secretary

ballots to the Recording

receiving

for the

Recording

Removal of Delegates

Delegates

his/her

incumbent

of Detective/Detective

In the case of a

Section 9

and

Sergeant

all

Delegate

delegates.

hearing.

the

the regular meeting in

at

of a Delegate nomination

re-election. In the case

hearings.

If the

place.

as Delegate at the regular meeting in December.

- Detective/Detective

7

deliver

candidate

Delegate

of a Delegate will be determined by lot

Section

in his/her

transferred

that Delegate

activitys
Article

re-assigned

VII

Section

or detailed

may

6

5

run for
Annual

and Annual Election of Delegates.

no nominations

that particular District

PBA member

is

duly

for Delegate

Bureau

nominated

from the District Bureau or

are received

or Division

shall

in accordance

not

with

have

PBA

a

PBA

Delegate

By-Laws

Article

until

VII

 ARTICLE
Board

Section

1

-

There shall be five
Detective

rank

Section 2

-

5 members
3

their

Police

rank two

Officer

Committee.

the Executive

2 members from

the

from the Officers rank.

three

of the Executive

the regular meeting

3

the

In

the

no

case
is

Delegate position

Member will

2

two

shall

Committee

be selected

held

election
the

Rank

for the Board of Directors

Board of Directors

Board of Directors position. In the event

be determined by lot

at

from

by a vote of Police
Sergeant

Delegates

positions will be declared

Delegate

for either Detective/Detective

incumbent

5 members

in January the five

top vote getters for the Detective/Detective

top vote getters for the Officers

members.

respective

Officer

Police

Also

Delegates.

Officers

from the uniformed

members from

Selection

and the three
Director

10

shall consist of ten

Directors

the rank of uniformed
Officer

of Directors

Members

The Board of

At

VIII

or

Sergeant

for each rank

Board of

Command

will maintain

of a tie the election of a Board of Director

the regular meeting in January.

Section 3 - Duties

The

duties

recommendations

of the
for the

submitted

for negotiation

Section 4

- Meetings

The Board of

of Directors

Board
use

shall

of legal counsel

be to collect

and to

and

in the

assist

study

proposals to make

preparation

of items to be

of contracts.

Directors

shall meet

monthly

of not less than a majority of the Board of Directors

or

upon

shall

the call of the President.

The

presence

constitute a quorum.

Section 5 - Removal

Whenever any member of
of Directors

empowered

meetings
to declare

to complete the un-expired

A

-

2005

good
vacant

cause

and/or

fails

to attend

legitimate

and to appoint

another

two

reason

2

the

consecutive

President

eligible member in good

Board

shall

be

standing

term.

Board of Director

the Executive

17

without

the position

the Board of Directors

member upon recommendation of the President
Committee when sufficient cause exists for such removal.

may be removed

by

 ARTICLE IX
Committees

Section

-

1

There
standing

be the following

shall

Committees as

a

Health

b

and such additional

Committee

Legal Committee

e

By-Law Committee

f

Grievance Committee

g
h
i
j

Membership Committee
Public

Relations

Committee

Political Action Committee

House Committee

Request for Funding

-

for funds from the Association

Any requests
the requested

Any

for funds from the Association

request
in the

be made in a timely fashion

in advance

of

for an annual event

in the following

year

shall

month of October.

All requests

Board

shall

funding.

be submitted

the

of the Association

Welfare Committee

Finance/Audit

d

2

may

Committees

standing

from time to time be necessary

Death Benefit Committee

c

Section

Committees

Standing

for funds shall

of Directors

and

be

first

thereafter

reviewed by the Finance Committee then reviewed by
submitted

to

Executive

the

Committee

for

final

determination.

Section

3

-

Presidents

The
when

President

Authority

be empowered to act for the Association

shall

the time requirements

Section 4

-

a

member in good
of

standing

proceeding

may

the costs of legal fees in accordance

defray

A member shall be
makes

investigation
duty.

-

2005

a lawful

is

a defendant

in any action

or incidental to the performance of his/her duties

arising out

18

Committee meetings

Legal Matters

a Whenever

he/she

between

cannot be met.

deemed

to be engaged

arrest or attempts

or answering

to

a call for service

with the established

schedule

in the performance

make a

lawful

arrest

while on duty during

is

or legal
the Association

of

fees.

of his/her duties whenever

conducting an

official

a regularly scheduled tour of

 Continued

Legal Matters

-

i

Section 4

member in good

Legal counsel will be made available to any
statement

The
and/or

PBA

shall

Schedule

is

for Grand

if

when the

to any

member in

any criminal

instituted against

said

Jury

hearing

............................

Section 5

-

500.00

a decision

maximum

may

up to $3000.00

fees paid by the Association.

affect the overall

membership

the Association

may provide

one of the Associations attorneys.

Committee Members

Each of
members who
unless

fees shall be the

where

member with

up to $

up to $1500.00

.........................................

In cases
the

250.00

to

to determine

Misdemeanor .....................................

The above

$

up

a warrant should be issued .........................

Felony

member.

individual

the target of the probe

Summons

legal assistance

of legal fees

Consultation

appearance

not provide

of a suspect.

disciplinary proceeding otherwise

departmental

b

or death

a shooting

following

for an initial

standing

the

above

Committees whenever

shall be appointed

by

the

President

possible

shall

have

in January to serve

a

minimum of

for a period

five

5

of one year

sooner terminated.

Section

6

-

Incidents

Whenever an
assume

a neutral

Involving

incident

the

further legal representation

of the

results between

stance except

integrity of the contract

Members

PBA

members of the

for disciplinary and

PBA
and/or

PBA

contractual

Labor Attorney will be provided
financial

assistance

in good

items.

will be the

PBA

will

to protect

the

standing the

However

for the initial statements.
responsibility of the

Any

affected

members.

Section 7

-

Quorum

A majority
meetings.

19

-

2005

of the members on each Committee

shall constitute

a

quorum

at all

Committee

 ARTICLE

X

Order of Business

The Order of Business of each Executive Committee meeting
shall be as follows

a

Pledge of Allegiance

b

Roll call of Officers

c

Acceptance

d

Approval

e

Bills and communications

f

Report of Officers and Committees

g

Unfinished business

h

New

i

For the good of the Association

and Delegates

of Minutes of previous

of

meeting

new members

business

j Adjournment.
All questions

of Order.

20

-

2005

of order not provided in these By-Laws shall be determined by Roberts

Rules

 ARTICLE XI
Amendments

to

By-Laws

two-thirds
These

By-Laws may only be amended

Any amendments
presentation

2/3

Meetings.

21

-

to any Executive

vote

of

all

two

Committee meeting.

Delegates

The Recording

2005

at

must be offered and submitted

present

Secretary

and voting

consecutive

in writing

Such
at

Executive

to the

Committee

amendment may be passed

two

shall enter all proposed

2

meetings.

By-Laws Committee

consecutive

amendments

prior to

only by a

Executive

in the minutes.

Committee

 ARTICLE

XII

Misconduct and

Section 1

-

Misconduct and

Except as otherwise
the Association after

Penalties

Penalties

in this

provided

charges

trial

in the judgment

The

of the

trial

shall

following

a

tribunal

by

By-Laws

of any of the following

of his/her refusal or failure without good reason to stand
fined removed from office suspended

and

Constitution

and conviction

or expelled

trial

or

member of

or in the event

offenses

on such charges

may be

and circumstances

as the evidence

whom he/she

any Officer

reprimanded

may warrant

is tried.

constitute misconduct

Refusal

or

failure

without justifiable cause

to

comply

with or

abide

by

the

provisions

of this Constitution
valid

of any Officer or Officers thereof or the

of the Executive Committee.

decisions

b

and By-Laws the valid decision

Committing

any act of fraud embezzlement larceny or misappropriation

funds of property or other thing of value belonging to the Association
neglecting

to comply with the provisions

and accurate

of

accounting

funds

all

of

this

Constitution

of any

or refusing

failing or

and By-Laws requiring

property books and records

a

full

for examination and

audit.

c

Libeling

or

or

slandering

causing

be libeled or

to

slandered

any

Officer

or

filed

against

an

member of
the

Association

in the

except

form of charges

of misconduct

properly

Officer
or

member as

d
witness

e

provided by

Failing refusing

this

Constitution

or neglecting

after filing charges

against

For advocating

or

and By-Laws.

to appear without proper cause

a member or

encouraging

any

Officer

labor

as a prosecuting

of this Association.

or

any

other

rival

organization

or

acquiring

membership in any such

f

organization.

Maintaining membership in the Communist Party or advocating

or encouraging

communism.

g

Acquiring membership by fraud false representation or deceit.

h

Filing false charges

however

that

merely charges
filed

22

-

recklessly

2005

it

is

against

any Officer

or

member of the

understood that for the purposes of

of which

an Officer

or

member is

this

acquitted

Association

provision
but

provided

false charges

rather charges

or in bad faith without substance foundation or reasonable

are not

which

are

basis or support.

 Section

1

i

- Misconduct and

Penalties

any physical assault upon any Officer

Committing

of the Association

employee

continued

while such person

is

member
in the

engaged

representative or

performance of his/her

duties.

j

in conduct

Engaging

detrimental

to the

best interests of the Association

which

places
or tends to place

k

it

Failure

in disrepute with other labor organizations

refusal

or

to

abide

the

by

of order

rules

or the public.

employers

or

parliamentary

procedure

established
for the conduct of meetings of the Association.

1

unbecoming a member of

Conduct

utilization of this provision

shall

be valid

this

when

only

however

Association provided
the

charges

that

forth in specific

are set

terms
specifying the act or acts or conduct alleged

Section 2

against

-

to be

Who may Prefer Charges

Any member in good standing may prefer
any Officer or member of the Association.

Section 3

-

unbecoming a member.

charges

of misconduct

as defined

in Section

1.

Form of Charges

All charges

be preferred in the following

shall

a

Be

b

Be

c

Contain a statement

specific

way

in writing

signed

act

by the party or parties preferring

or

acts

same

of the facts out of which

alleged

to

constitute

such charges

misconduct

the

originated

dates

and

places

set

and

forth the
persons

I

involved

d

State the nature

e

Refer to the Articles and Sections

policies

decisions

of the violation or violations

alleged

of this Constitution

rules or regulations

or other governing

and By-Laws the established
laws which

is

it

alleged

have

been or are being violated.

Section

4

-

Notice of Charges Against Officers

Notice
Officer

or

of charges

against

member preferring

the charges

with the Associations Secretary.

23

-

2005

any Officer

or

or

Members

member of

this

Association

by registered mail to the accused

shall be sent by the

and a copy

shall

be filed

 Section 5

of Officers

Trials

-

Whenever

or

are

charges

accused shall be tried within

Members

preferred

against

one hundred twenty

an Officer

120

or

days of

member

of

this

the

Association

of violation by the Trial

discovery

Board.

Section 6

Board

Trial

-

The Chairman of
Chairman shall preside
shall
vote

Legal Committee

the

the trial and rule

upon

Committee and two

By-Law

5 By-Law

Trial Board.
stated

2

and Executive Committee

prior to the date set
five

all

questions

in the Trial

Boards

The

of the Trial Board.

and points of order.

on

decision

The Chairman

the charges

or to

the charges.

Excepting the Chairman the Trial Board

Legal

serve as Chairman

shall

be empowered to participate

not however
on

at

the

for

the

accused

shall

be three

the Executive

3 members

shall have seven

then

Committee

members

to timely designate

fails

Chairman of the Trial Board shall designate

the five

accused

7

from the Legal and/or

The names of the By-Law

Committee.

shall be given to the

Executive

and/or

event

members

The accused

trial.

Legal

In the

members of

at

least

14

fourteen

days

days in which to designate

he/she

designates

5
5 members

to serve

Trial Board

five

to serve

the

as the

members
as the

as

Trial

Board.

7

Section

-

Trial

that a

member is

-

Each

for

set

-

trial

it

may proceed

trial.

In

in his/her

present.

shall

have the privilege of designating

member of the

Trial Board or other

any

member in good

member involved

standing

in the proceedings

in the trial proceedings.

trial.

shown
Such

to approval

all

shall conclude
decision.

-

of the

of the

the accused

motion

or rejection

or party preferring

shall

be addressed

within

charges

to the

the discretion

may request

a postponement

Chairman of the Trial Board and

of the members of the Trial Board.

Decisions of the Trial Board

After

24

member are

sessions

all

Request for Adjournment

shall be subject

Section 10

a

except

For good cause
of the date

absent from a session

of the Trial Board

party to the case

to act as his/her counsel

-

the trial board to attend

Right to Representation

of the Association

Section 9

member of

unavoidably

absence provided a majority

Section 8

Board Members

be the duty of each

shall

It

the event

Absence of

2005

evidence has been presented

the

trial

and

as

soon

as

and arguments made by

may

be practicable

all

parties

the

Trial Board

assemble for consideration

of

its

 The

reference

of the Trial Board shall be by majority

decision

to writing and
to

shall contain

relevant Articles and Sections

all

laws involved a pronouncement
in the

imposed

event

the

or suspension

office

and binding subject

Section

11

-

shall

receipt

5

good standing

be in writing

-

No

first

Appeal

Officer

or

grievances

Section

or

member of

13

or

all

with

-

commence
refuses

to

-

affected

and

be

shall

member

Committee

final

date of the Trial

with the Associations
shall

the

the

present

Trial Board

shall be afforded

and

the

may

provided.

President.

appeal

The Executive Committee

for review

Law or

to

the

shall upon at

decision

render

its

privilege of presenting

The

decision.

of the

decision

other Civil Authority

the Association

any case

shall resort to any court of

an opinion or decision
arising within

remedies by appeal or otherwise
law

applicable

filed

appealing

member

as herein

30 days from the

thirty

and determination.
the

of the Trial Board

by any decision

be

shall

for the

provided
and

law

in connection

the Association

settlement

considered

in

good

until

or

disposition

or equity or other

with any alleged

such party shall have

in this Constitution

if

internal appeal

civil

ever
action

timely

2005

pay

is

were timely

later.

filed

until

standing

shall be paid to the Associations Treasurer

necessary the

25

from

suspension

and By-Laws not

such

alleged

rights

Civil Action/Fines

which

decision

to be

or wrongs.

Fines

decision

fine

of the Trial Board

decision

Associations President

purpose of securing

No member shall be
paid.

charged

and binding.

final

wrong concerning

exhausted

inconsistent

to

to Courts of

for the

authority

grievance

the

Executive

Executive Committee shall be

civil

The

be made within

taken

is

Prior to determination the

arguments to the

12

be reprimand

shall

stay of verdict and penalty

shall

for consideration

days prior notice

determination.

Section

violations

Committee.

adversely

an automatic

of said appeal

Executive Committee

his/her

guilt

which

from membership.

from which appeal

decision

five

one of

is

to appeal to the Executive

and receive

Appeals

least

the

be reduced

and By-Laws or other governing

Constitution

this

membersshall

its

of the guilt or innocence of the party charged and the penalty

verdict

or expulsion

Any member in

Following

of

of

vote

facts involved

Appeals

take an appeal

Boards

of the pertinent

a statement

within

The Associations

within

imposed

member shall be

fine to

responsible

collect

the

fine.

for all expenses

thirty

all

30

and/or

Executive Committees

Treasurer

against
In

imposed fines are fully

days of the Trial Boards

30 days of the

thirty

President

in any court of competent jurisdiction

any

any and

any

the

are

empowered

member who

event

such

fails

civil

and costs incurred in collecting

to

and/or

action

be

the fine.

 ARTICLE
By-Laws

Upon
Association

the

adoption

of these

are hereby repealed

Dated

May

2005

and

in Effect

By-Laws by

all

XIII

provisions

this

of these By-Laws

ROBERT
PBA

Association

P.

all

shall

MEEGAN

J.

JOSEPH

Vice-President

CHAIRMAN
PBA

26

-

2005

be in effect immediately.

JR.

President

RANDIE
PBA 2nd

former By-Laws of the

By-Laws Committee

 PBA RESOLUTION
93-1

WHEREAS

officer patrols be

that one/two

WHEREAS

has proposed in current and past contract

City of Buffalo

the

the

Buffalo

the

the

changes

pre-programmed

WHEREAS
is

the

CADS

away

WHEREAS

the

and welfare

WHEREAS
who

to individuals

the

not

July

22

1991 noted

if

changes

and better training

to additional

of necessary equipment

issuance

done properly conversion

other

amongst

schedule

etc. and

to one/two

officer

and

has done

officer vehicle

little

patrols

has

City of Buffalo

of Buffalo

limited

stated that even

the City of Buffalo

any implementation of one/two

health

report dated

system

dispatch

IACP has

3 to 5 years

WHEREAS

safety

but

department including

police

patrol vehicles

in a supplemental

the

opposes

time and

the present

at

strongly

to one officer cars requires the prior implementation of numerous

things that conversion
within

IACP

Association

Benevolent

Police

implementation of one officer patrol vehicles

WHEREAS

negotiations

implemented and

to nothing to comprehensively

prepare

for

and

repeatedly

demonstrated

its

lack

of concern for the

police officers and

safety issues not

implementation of one officer patrols raises grave
to one officer patrol vehicles

might be assigned

but

only

to other sworn officers as

well

BE

IT

patrol vehicle

and/or

union charges

BE

RESOLVED

pursuant

IT

IT

which

is

assigned

to the procedures

set

FURTHER RESOLVED
be subject

with the Resolution

BE

vehicle

that any officer

one officer patrol vehicle

and/or

vehicle

that any officer

until

IT

FURTHER RESOLVED

such time as

Dated

it

be rescinded

by the

who

is

-

that

Police

this

to internal

found to have acted

inconsistent

and

voluntarily accepts

assignment to a
shall not

Benevolent Association and

Resolution

delegates.

February 11 1993

2005

is

be subject

and By-Laws and

to perform any patrol function

assigned

UNANIMOUSLY PASSSED
AND ADOPTED BY THE PBA EXECUTIVE BOARD.
27

who

membership privileges

that any officer

which

assignments to a one officer

to perform any patrol function

be eligible for any legal assistance from the Buffalo

BE

voluntarily accepts

forth in the Constitution

to the loss of all

FURTHER RESOLVED

who

continue

in full force

and effect

 PBA RESOLUTION
94-1

WHEREAS
Department

the Department has announced

strictly in accordance

that

with rank standing

it

no longer

to promote within

intends

on promotional

service

civil

eligibility

the
lists

and

WHEREAS
Employment Relations

WHEREAS
Selection

who

has

filed

otherwise

the position

BE

IT

the department has announced

any

PBA

member who

who

that

otherwise

to internal union

its

By
By

Dated

28

-

Dennis

July

2005

7

York

1994

member who

charges

Adams

will formulate

an Executive

of those considered

said Executive

State Public

and

Committee

for promotion

Committee

and

Selection

Panel

practice seriously undermines

membersand terms and conditions of employment.

any

William Cusella

Seconded

on

it

in changing the referenced

assists

By-Laws.

that

abilities

participates

the Department
the rights of

RESOLVED

practice be subject

New

with the

Board protesting the Citys unilateral change in historic practice

assists

of the

Panel or

Selection

Motion

improper practice charge

Panel to review the qualifications and

WHEREAS
or

PBA

the

the

participates

Department

pursuant

on

the

in changing

to Article XII of the

Executive

the

subject

PBAs

Committee
promotional

Constitution

and

 PBA RESOLUTION
96-1

BE

IT

Board Meeting
utilizing the

of a

counsel
elected

RESOLVED
of the Buffalo

Buffalo

PBA

Officer

PBA

elected

and/or

18h day of April 1996

this the
Police

Benevolent

Emergency Legal
Officer

PBA

Attorney

responsibility from the onset that advice

Motion

By
By

Seconded

Dated

29

-

William
Steven

April 181996

2005

Fulston
Nicosia

Assistance

PBA

and/or

will

and/or

at

Association

counsel

PBA

that all

PBA

members

Program must abide by the advise
Failure

Attorney.
result

the regularly scheduled Executive

Inc.

in

the

was

to abide

by the

PBA member

not adhered to.

advice

and/or

of the

assuming

PBA

fmancial

 PBA RESOLUTION
97-1

The

PBA

regularly scheduled Buffalo

Any PBA member that
she

is

not

entitled to under the

will be subject
current

PBA

otherwise

-

Union

By-Laws

takes

or secures

strict

seniority provision

charges.

to

June

2005

5

collect

1997

passed

meeting held on Thursday

The

PBA

in the

as a result of the individual

Dated

30

to

was unanimously

resolution

following

a position

will seek

by

all

June

1997

voluntarily

redress

in the courts

that positions.

all

at

in attendance
the

CPO

Bargaining

the

that he or

Agreement

in compliance

monies made

at

Club.

or involuntarily

of the Collective

form of a fine any and

securing

5

delegates

with the

in overtime

or

 PBA RESOLUTION
99-1

WHEREAS
Field

Training

the City of Buffalo has proposed

F.T.O. program

Officers

WHEREAS

the Buffalo Police

the implementation of a Field Training

WHEREAS
initiate

Inc.

in current and past negotiations

be implemented and

Benevolent

Association Inc.

F.T.O. program

Officer

the City of Buffalo has unsuccessfully

a Field Training

Officers

F.T.O. program

at

PBA strongly

opposes

time and

the present

in past grievances

attempted to

without good faith bargaining

with the

PBA

and

WHEREAS
many provisions

BE

IT

the

City of Buffalo has proposed

of our current Collective

RESOLVED that

an F.T.O. program which

any officer

who

voluntarily

accepts

charges pursuant to the procedures set forth in the Constitution

and

FURTHER RESOLVED that

is

BE
inconsistent

BE
time as

it

IT

with this Resolution be subject

IT

Dated

-

July

2005

8

by

the delegates.

1999

any officer

who

to the loss of all

FURTHER RESOLVED that

be rescinded

is

contrary to

Bargaining Agreement C.B.A..

assignment as a Field

Coordinator or F.T.O. Administrator will be subject

Officer or F.T.O.

Training

31

that a

By-Laws

to internal union

and

found to have acted

membership privileges

this Resolution continue

benefits

and

in full force until such

 PBA RESOLUTION
2001-1

WHEREAS

the City has announced

that

it

has adopted certain qualifications to officers

seeking appointment to Narcotics Vice and Intelligence

WHEREAS
Agreement and

the City has further announced

List as applied

WHEREAS

to Narcotics

transfer

it

intends

Vice and Intelligence

the City has further announced

Narcotics Vice and Intelligence

that

and

that individuals

must complete an Application Form

said actions

by

the City are wholly

requesting

transfer

to be considered

contrary to the Collective

Agreement and related agreements and the rights of negotiating

Be it

resolved

that

no member submit any

Narcotics Vice and Intelligence

Be

to

for

it

further resolved

Be

it

further resolved

forth in the Transfer

Dated

that all

members

that negotiating

Agreement regarding

November 15

2005

application

Bargaining

unit members.

form for consideration

for

and

resist

Bargaining Agreement and rights of negotiating

-

and

and

WHEREAS

32

to void the Transfer

2001

unit

unit

the Citys attempts

to violate

the Collective

membersand

members

transfer requests.

continue

to follow the

procedures

set

 PBA RESOLUTION
2005-1

WHEREAS

Article

XII

1j

Section

engaging in conduct detrimental

of the

PBAs

By-Laws

defines

to the best interests of the Association

misconduct

which

places

as
the

Association or tends to place the Association in disrepute with other labor organizations
or the public and

employers

WHEREAS PBA
strike scenes

and/or

members have

in connection

repeatedly

disrepute with other labor organizations

WHEREAS
PBA

at

IT

the obligation

RESOLVED
with the

August 17 2005

-

that any

a strike scene and/or

in conformance

33

is

and/or

of the

PBA

second front jobs

at

places the Association in

the public and

members

to adhere to and/or

uphold the

By-Laws.

BE
job

it

been advised that working

with a labor dispute

2005

PBA member who

in connection

PBAs

By-Laws.

accepts

with a labor dispute

and/or

works a second

be disciplined

front

consistent with and

 PBA RESOLUTION
2005-2

WHEREAS

any

Cross/Gas Works picket

1j

of the

PBA

said

to immediately terminate

IT

said

August 17 2005

-

2005

PBA

employed off duty working

4t and Genesee

their

a second front

Streets is in violation of Article

at

the Blue

XII

Section

Resolution 2005-1 and

members working

RESOLVED

being placed against

34

line site at

By-Laws and

WHEREAS

BE

PBA Members

employment

failureto

members

at

off duty

2d

fronts at Blue Cross/Gasworks

site

are

said site.

comply with

this Resolution will lead to

in violation of this Resolution.

Union Charges

 SUMMARY PLAN DESCRIPTION
BUFFALO POLICE BENEVOLENT ASSOCIATION DEATH BENEFIT PLAN
PLAN NO.1
The

to read

Benefit Plan

describe

accurately

located

summary

This Plan
at

the Plan

the

is

intended

document

only

as a

description

maintained

New

Benevolent

Police

Benevolent

Police

York

We

14202.

urge

of the benefits that are available to
you.

the Plan.

are contained

been made to

has

effort

Every

in the

you have any questions

in the event

of the

by the Buffalo

Buffalo

Street

summary of

provisions which

Plan

is

74 Franklin

carefully for a better understanding

it

This pamphlet

consult

a

presents

Plan.

Association

Inc.

Association

you

pamphlet

following

Death

Association

You

Plan documents.

should

about your benefits and the Plans

that this pamphlet does not answer.

provision

You may become more
available

familiar with

the office of the Association

at

copy of the documents you
small charge

during

your Plan by reading
regular business

hours.

the
If

documents

you would

one by writing to your Plan Administrator.

may obtain

which

are

your

own

like

There

maybe

a

for this service.

PLAN NAME AND EFFECTIVE DATE
The

17

April

Buffalo

Police

Benevolent Association

Death Benefit Plan originally became effective

1953.

This

the Plan in operation

pamphlet describes

Tax Reform Act of 1986
and the Unemployment

TRA 86

the

Compensation

effective

Omnibus Budget

Amendment of

May 16 1995

Reconciliation

1992

as updated for the

Act of 1986

OBRA 86

UCA 92

PLAN YEAR AND RECORDS
Records

of the Plan are kept on a Plan Year

beginning January

1St

basis.

each year and ending on December

The Plan Year

is

the 12

- month period

31St.

DESCRIPTION OF BENEFITS
The

benefit provided

payable upon

the

death

Participant

money

-

or

Rights.

Beneficiary

or property

Trustees

35

Vested

this

Plan

a lump sum death

member

benefit

in the

subsequent to

amount of $5000

January

1 1982

or

member.

No
shall

Participant

have

beneficiary

any vested

of the Fund or any part thereof

under the Plan and in conformance

2005

is

of an eligible Association

eligible retired Association

No

under

right

or any
title

except

with ERISA.

as

person claiming

by or through

or interest in or to the

may be

Fund

or

a

any

specifically determined by the

 ELIGIBILITY
To

be

eligible for death

member

Association

in

good

who was

was

eligible to receive

declared

New

a retirement

York and was a member in good
such benefit.

received

whether continuing

Except

in the

employ of the

for purposes of determining

As set

1.

eligibility

City of Buffalo

under

forth in the Association

Member

in good

for Association

withdrawn

3.

By-Laws membership

as set forth in

suspended or expelled

from membership.

Upon

provided

in

participation

as
the

Plan

and

he/she

the Association

member

a

its

in the Association

for

above

shall

be

a

is

restricted

Department.

who

has

the requirements

fulfilled

By-Laws and who has

from membership become ineligible for continued

retirement

an

Plan.

standing shall mean any person

membership

on which

member of

shall not be considered

not

been

program of the State of

prior to the date

no former

of the Buffalo Police

to Bargaining Unit Employees

2.

this

or

have

and prior to his/her death

standing

of the Association

such retired officer

must

subsequent to 1982 or a retired

benefit under the retirement

standing

for any

deceased

the

member in good

an Association

formerly

Plan

the

the time of his/her death

at

standing

police officer

under

benefits

billed $50

voluntarily
or been

membership

must

Participant

not

elect

on January

1st

to

continue

of each

year

the first January 1st immediately subsequent to his retirement.

commencing

FINANCING OF PLAN
The primary
any

which

interest

The

established

funds

17

In the event
directly from the

are held

death

is

fund raising

by the

activities

Association

and

in trust by the Trustees
Police

pursuant

Benevolent

to the terms of the

Association

Death

Agreement

Benefit

Fund

first

1953.

of an eligible member who

of the death

A

Fund.

Plan funds through

of the Plan

the proceeds of these fund raising activities.

of Trust of the Buffalo

April

member the

on

accrues

Plans

and Declaration

source of financing

United

group term
States

life

insurance

Life Insurance

Co.

policy
In the

is

not retired the death

is

purchased for eligible retirees

event

of a death

benefit is paid

with

of an eligible retired

benefit is payable through this insurance.

BENEFICIARY
Upon becoming

a

member

of the Association
you must choose

a beneficiary

on

a form

available from the Plan Administrator.

It

name and

is

necessary

address

at

that

all

you keep

times.

benefit available under the Plan.

36

-

2005

the Plan Administrator

informed of your Beneficiarys proper

This will insure that your chosen Beneficiary

will receive

the death

 If
benefit

you do

not

a Beneficiary

designate

will be distributed in accordance

or if no

with the

named

Beneficiary

terms of the

Plan.

you

your death

contact

your Plan

survives
Please

for further details.

Administrator

ADDITIONAL INFORMATION

TRUSTEES
NAMES
JAMES

ADDRESS
PAN-US

74 Franklin

WILLIAM MISZTAL

14202

74 Franklin Street

NY

Buffalo

KENNEDY

74 Franklin

Street

Buffalo

NY

14202

Buffalo

NY

14202

74 Franklin

The

Plan Administrator

Franklin

has

Agent
summons

of the

Plan

been designated

NY

Buffalo

Street

for Service

Plan Fiduciaries

commercial

life

Type of

and

37

-

2005

will serve as Plan Administrator

benefit

information.

Robert

the Plan Administrator.

to represent

No.

14202 Telephone

716

Your Plan

of Legal Process

This

retirement

insurance

welfare

16-1240173

is

Trustees

Plans

Type of Administration

Upon

Secretary

14202

Fiduciaries

This

Plan

is

Administrator

eligible retirees

are the Trustees

operated
are

Meegan
You may

is

President
contact

covered

of the

him

at

74

to receive

any

it.

and the Plan Administrator.

by an

Death Benefit payable upon death.

designated

concerning

as a self funded

company.

plan

and will be responsible

842-1258.

delivered to inform the Plan of a legal action

or legal notice

members.

Trustee

01

The Associations Employer ID. No.

administration

Street

Street

NY

Buffalo

Association

Trustee

74 Franklin

JOHN EVANS

for

Co-Chairman/Treasurer

14202

WILLIAM GAMBINO

Your Plans Number

Chairman

Street

NY

Buffalo

KEVIN

TITLE

benefit plan

insurance

policy

for eligible
issued

by a

 YOUR ERISA RIGHTS
As

you are entitled to certain rights and protection under the Employee
Retirement Income Security Act of 1974 ERISA. ERISA provides that all Plan Participants shall
a Participant

be entitled to

without

Examine
locations
filed

by

charge

Plan

the

at

Plan documents including

all

the Plan with the

Administrators office
insurance

U.S. Department

of Labor

and

other

at

and copies

contracts

of

all

specified

documents

such as detailed annual reports and

Plan descriptions.

Obtain copies

of all Plan documents

The Plan

Plan Administrator.

Receive

may make

Administrator

Plans annual

of the

a summary

and other Plan information

upon

a reasonable

Plan

to the

request

for the copies.

charge

The

financial report.

written

Administrator

is

required by law to furnish each Participant with a copy of this summary annual report.

who

are responsible

Fiduciaries

for the

operation

a duty

No one

otherwise

discriminate

written

explanation

from the

and pay you up to $100

If your beneficiary

Fiduciaries

may

file

you can

Plan and do not
the court

a day

because of reasons beyond

your beneficiary

is

You

for the denial.

there are steps

In such a case

federal court.

way

to prevent

you

to pay these

If

until

has

the

nearest

38

-

questions

2005

may

fire

you

or

denied in whole or in part you must receive

the above

take to enforce

them

receive

may require

you

suit

in a

money

costs an fees if for

Area Office

Labor.

or other person

have the right to have the Plan Administrator

receive

within

the

30 days you

unless

materials

For instance

rights.

the Plan Administrator

a claim for a benefit which

you have sued

you have any

you have any

of you and other Plan

interest

the

may

to provide
materials

you

if

in a

file suit

the materials

were

not

sent

the control of the Plan Administrator.

misuse the Plans

order the person

this

you from obtaining a benefit or exercising

state

or if

federal

or

you

questions

about

this

it

If

are discriminated

to pay these costs

example

denied or ignored in whole or in part

is

court.

you may seek assistance from the U.S. Department of Labor
The court will decide who should pay court costs and legal

may

of

section

your claim.

Under ERISA
materials

in any

and in the

your Employer

If your claim for a benefit

of the reason

review and reconsider

request

you

against

your rights under ERISA.

including

your Plan are called

operate

INFORMATION

ADDITIONAL

Plan prudently

the

to operate

Participants and Beneficiaries.

imposes duties upon the people

The people who

of the Plan.

of the Plan and are identified in the

They have

booklet.

ERISA

to creating rights for Plan Participants

In additional

and

or

against

is

statement

Labor-Management

the

Plan

in a federal court.

the court

the court

may

order

frivolous.

or about your rights under
Services

suit

you lose

about your Plan you should contact

of the U.S.

that

If you are successful
If

fees.

happen

for asserting your rights

you may file

fees.

finds your claim

should

it

the Plan Administrator.

ERISA

you should

If

contact

Administration Department

of

 PAYMENT OF DEATH BENEFITS
To claim

benefit under the

a death

with the Plan Administrator
Beneficiary
assist

to complete the forms necessary

the

forms which may have

If approved

Administrator.

by

A

decision

the benefit.

The Plan

Your

Administrator

by both the Beneficiary

will

and the Plan

the Plan Administrator the forms will then be sent to the insurance

the status of this claim should be

regarding

90 days from the date the claim

within

Government regulations
a claim for a benefit

is

set

forth specific procedures to take care of the rare instance
part.

A claim for a benefit

The

Plan Administrator

does not believe

2.

The

Plan Administrator

disagrees

If this

happens

is

to

a Participant

is

when

might be denied if

entitled to a death

benefit.

with the amount of benefit to which the Participant

entitled.

the Plan Administrator

should notify your Beneficiary

90 days of the date of the claim.

reasons for the denial within
the Plan Administrator

may

notification explaining

indicate the date by which

the Plan Administrator

YOUR CLAIM IS DENIED

denied in whole or in

he

made by

is filed.

IF

1.

believes

written

to process

certificate.

to be signed

should make an appointment

for processing

the Beneficiary

case

Beneficiary

must bring with him/her a copy of the death

in completing

company

Plan your

a

take

up

final

decision

is

expected

more time

is

required for a special

90 days but your Beneficiary will receive

to an additional

the special circumstances

If

in writing of the

which require more time as well as

See

the

NOTE

on

the following

The

page.

of denial should

notice

Explain

why

the claim for a benefit has

been denied and specify the Plan provisions

on

which the denial was based

Provide a description of any additional

information

needed and an explanation

of why

it

necessary

Explain the claim review procedure.

If your Beneficiary

does not receive

claim from the Plan Administrator
Beneficiary

39

-

within

notice

of the status of the claim or the denial of the

90 days or within

can assume the claim has been denied and

2005

180 days

may then

if

request

it is

a special case the

a review of the denial.

is

 REVIEW OF THE DENIAL
If the claim has been denied
has

60 days

after

your Beneficiary

receipt of the written

booklet

identifies the Plan Fiduciaries.

documents

of denial to request a review.

notice

writing and be made to any Plan Fiduciary.

a review

may request

The ADDITIONAL

If you

wish your

and submit issues and comments supporting

of the denial.
This request

INFORMATION

Beneficiary

must be in

section

may also review

He/she

of the

the Plan

in writing to the appropriate

the claim

Fiduciary.

A review
the

of the denial should be made in writing by the Plan Fiduciary within

NOTE below
Be written

Specify

after

in a

the request

is

manner which can

the Plan provisions

The

received.

60 days

See

should

decision

easily be understood

on which

the decision

is

based

Tell the results of the review.
If your Beneficiary
he/she

days

can assume

If he/she
If the suit

court.

NOTE
Your

Beneficiary

period.

The

disagrees
is

a decision

may

deadlines

will be told of the extension

expect a decision.

40

-

his/her request

with the results of the review he/she

The 90 and 60 day

may

on

notice

for review

within

60

has been denied.

successful the court

extension

2005

does not receive

the request

will state

why

award

may be

suit

in federal or state

attorneys fees.

extended under special circumstances.

in writing before

the

may file

his/her legal costs including

extension

is

the end of the 90

or 60

day

needed and the date your Beneficiary

 SUMMARY PLAN DESCRIPTION
BUFFALO POLICE BENEVOELNT ASSOCIATION
HEALTH
WELFARE BENEFIT PLAN
PLAN NO.2
The

pamphlet presents

following

Association Health

Welfare

York 14202.
available

We

Plan.

This Plan

located

at

is

Benevolent

maintained

74 Franklin

by

Street

the Buffalo

New

Buffalo

of the benefits that are

carefully for a better understanding

is

intended

document

which

in the event

are contained

Every effort has been made to

in the Plan documents.

you have any questions

You

should

about your benefits and the Plans

does not answer.

that this pamphlet

You may become more
at

only as summary of the Plan.

the Plan provisions

describe

provisions

available

it

of the Police

description

to you.

the Plan

consult

summary

Association

Inc.

urge you to read

This pamphlet
accurately

Plan

Benefit

Benevolent Association

Police

a

familiar with your Plan

the office of the Association

own

copy of the documents you

may

be a small charge for this service.

may

by

during regular business

obtain

the documents

reading

hours.

If you

which

would

are

like

one by writing to your Plan Administrator.

you

There

PLAN NAME AND EFFECTIVE DATE
The Buffalo
became

effective

Benevolent Association Health

Police

March 21

This booklet

Reform Act of 1986

described

TRA

and the Unemployment

Welfare Benefit Plan originally

1978.

the Plan in operation

86

the

on May 16 1995

Omnibus Budget

Compensation

Amendment of

Reconciliation

1992

as updated for the

Act of 1986

Tax

OBRA 86

UCA 92.

PLAN YEAR AND RECORDS
Records
beginning

of the Plan are dept on a Plan Year basis.

January

1St

each year and ending on December

The Plan Year

is

a 12-month period

31St

DESCRIPTION FO BENEFITS
Optical Program.

1.

vision

41

services

-

2005

Members

as detailed below.

their spouses and eligible dependents will be provided

 PBA OPTICAL PLAN PAYMENT SCHEDULE
STERLING OPTICAL

A.

Locations

THE PLANS PROVIDER

are as follows

8962 Porter Road
Niagara Falls

Boulevard Mall

NY

Amherst

297-4994

Main

IS

NY

Williamsville

833-7766

Place

Hill Mall

Eastern

NY

632-5497

Mall

NY

Buffalo
852-7571

THE BENEFITS ARE AS FOLLOWS

B.

1.

One

2.

One

1
2

The two
2006.

The

2

year period

pair of lenses and frames

or one

1

year period

two

2

begins

year period

pair of contacts
in a

on January 1 2005 and ends two
will begin January

1 2007

2

two

2

Daily

Vouchers

year period.

years later

members

will be issued

only. Dependants

at

the

association

over 21

Office

can contact

the

prior to receiving

PBA

optical

care to eligible

office and a sight Saver

MEMBERS FINANCIAL OBLIGATIONS

D.

On any

Additional

FUND PAYS
1

IN

Benefits please refer to

this

Payment

Schedule.

FULL THE FOLLOWING PACKAGES

Complete Eye Examination
including Frames

Including

Tonometry

up to $99.00 Retail

and Single Vision Lenses Glass or Plastic

Or Bifocals

-

December

etc.

Card.

42

Wear

PROGRAM PROCEDURE

C.

PBA

2

next

eye exam in a two

boxes of Standard Disposable contacts

or

31

1

2005

TK FT28

FT35

or

Exec Glass or Plastic

Or

Trifocals

Or

Contact Lenses with

Exam

and Fitting Standard

Or

Contact Lenses with

Exam

Two

All Types Glass or Plastic

2

Daily

boxes of Standard

Wear
Disposable

1

Discount

 All frames in the store are covered in full including

The only

childrens frames.

all

exception will be the Designer Lines.

FUND PAYS

IN

FULL THE FOLLOWING NON-PACKAGES

1

Eye Exam Only No-Lenses/No

2

Complete Glasses as

7
8

No Exam

above

VisionLenses with Frames

Single

Bifocals with Frames

c

3

listed

Frames

with Frames

Trifocal

Lenses only as

above

listed

a

Single

b

Bifocals Lenses

c

Trifocals

No

Exam/No

Frames

Vision Lenses

4

Frames only as

5

Contact Lenses Only

Lenses

No

above

listed

Exam/No

Lenses

No Exam

Retail

Less

10% Less $72.00

ADDITIONAL BENEFITS
1

2

Scratch
Tints

Resistant

Includes Warranty

in Plastic Lenses

Only If Requested

3
4
5
6

Safesite Polycarbonate

7
8

All other merchandise

Progressive

Bifocals

Progressive

Bifocals

Lenses for children under 18

basic standard
basic

Fund Pays
Fund Pays

in Full

Fund Pays

in Full

in Full

Member Pays

size

Member

short size

Designer Frames

$49.00

Pays $65.0

Member Pay

Retail

Less $99.00

Sight Saver

1

Discount

20%
No

Program

Discount

Less

Cost

ALL DISCOUNTS FEATURED ABOVE ARE IN LIEU OF AND THEREFORE CANNOT BE
COMBINED WITH ANY OTHER DISCOUNT OR PROMOTIONAL OFFICERS
No
any vested
thereof

-

beneficiary

or any person claiming

right title or interest in or to the

except

conformance

43

Participant

as

may

with ERISA.

2005

be

specifically

Fund

by

or through

a Participant

shall

have

or any money or property of the Fund or any part

determined

by

the

Trustees

under

the

Plan

and

in

 ELIGIBILITY

All

members

Association

in

who

resides with either spouse or is

As

1.

away

set forth in the

at

Member

in

Association

requirements

from

good

suspended

shall

mean

Buffalo

any

become

for

ineligible

in the

Police

person

membership and who has

for Association

or expelled

membership

By-Laws

Employees of the

standing

membership

eligible dependents

are

an unmarried child up to age 21 years

is

school.

restricted to Bargaining Unit

2.

their spouses and

good standing

A eligible dependent

eligible for benefits under this Plan.

Association

is

Department.

who

has

the

fulfilled

not voluntarily withdrawn

continued

membership

been

or

from membership.

FINANCING OF PLAN
The primary

Membership Dues and any

Association

The

Plans

and Declaration

Fund

source of financing

first

fund are held

interest

is

fund raising

which accrues

in truest by the Trustees

of Trust of the Buffalo

March 21

established

of the Plan

Police

on

activities

by the Association

and

these funds.

pursuant

to the

Benevolent Association

terms of the Agreement
Health

Welfare Benefit

1978.

QUALIFIED MEDICAL CHILD SUPPORT ORDERS

A

Qualified

recognizes

Medical

the existence

right to receive

of an alternate recipients

benefits for which

ERISA

While

Child Support Order

is

a medical

right

to

a participant or beneficiary

generally protects Plan benefits against

child

support

or assigns
is

order that creates

to an alternate recipient

eligible under a group health

creditors

Qualified

Medical

or
the

plan.

Child

Support Orders are an exception.

The

Plan Administrator

must also determine

You

-

must notify you ifthe Plan receives

a reasonable

time

if the

a domestic relations order and

order is qualified.

and each alternate recipient will be notified of the decision.

In the

44

within

meantime

2005

the benefits affected

are segregated

in a separate account.

 ADDITIONAL INFORMATION

TRUSTEES
NAMES

ADDRESS

JAMES PANUS

74 Franklin
Buffalo

WILLIAM MISZTAL

KENNEDY

NY

14202

NY

14202

Street

NY

74 Franklin
Buffalo

JOHN EVANS

NY

74 Franklin
Buffalo

The

Trustee

14202

WILLIAM GAMBINO

Your Plans Number

Co-Chairman/Treasurer

Street

74 Franklin
Buffalo

Chairman

Street

74 Franklin
Buffalo

KEVIN

TITLE

Street

Trustee

14202

Street

NY

Secretary

14202

02

Associations Employer ID. No.

is

16-1240173

Plan Administrator The Trustees will serve as Plan Administrator
for administration

been designated
Buffalo

NY

of the Plan and benefit information.

to represent

14202 Telephone

or legal notice

716

No.

Meegan Association President has
You may contact him at 74 Franklin Street

842-1258.

Your Plan

of Legal Process

Agent for Service

summons

the Plan Administration.

Administrator

delivered to inform the Plan of a legal action

Plan Fiduciaries

This

Type of Welfare

Plans

Plan

and will be responsible

Robert

Fiduciaries

Supplementary

are the Trustees

benefit

plan

is

designated

concerning

to receive

any

it.

and the Plan Administrator.

providing

optical

and

laboratory

benefits.

Type of Administration
made

to the Trust

benefits

This

are paid

Plan

is

operated

under a Trust.

either directly from the

policies and benefits are then paid directly from the insurance

45

-

2005

This means that deposits

are

Trust or by the purchase of insurance
carrier.

 YOUR ERISA RIGHTS
As
Retirement

a Participant

Income

are entitled to certain

you

Security Act

rights and

ERISA. ERISA

of 1974

under the

protection

Employee

that all Plan Participants

provides

shall

be entitled to

without

Examine
locations
filed

by

at

charge

Plan Administrators office

the

Plan documents including

all

the Plan with the

insurance

U.S. Department

of Labor

and

other

at

and copies

contracts

of

all

specified

documents

such as detailed annual reports and

Plan descriptions.

Obtain copies of

all

Plan documents

The Plan

Plan Administrator.

Receive

Plans

of the

a summary

and other Plan information

may make a

Administrator

annual

written

upon

reasonable

charge

The Plan

financial report.

request to the

for the copies.

Administrator

is

required by law to furnish each Participant with a copy of this summary annual report.

In additional

who

to creating rights for Plan Participants

are responsible

Fiduciaries

a duty to operate

otherwise

discriminate

written

explanation

materials

there are steps

from the Plan and do not

and pay you up to $100

a day

because of reasons beyond

If

or if

money
the

U.S.

should

you

until

pay

are discriminated

costs

if

for

If

example

it

nearest

you have any

Area Office

Labor.

46

-

2005

may

fire

you

or

a benefit or exercising

obtaining

you must

receive

them

the above

rights.

30 days you

within

the Plan Administrator

the materials

For instance

unless

the

may

to provide
materials

if

file suit

you
in a

the materials

were

not

sent

If

and legal

fees.

denied or ignored in whole or in part

may
If
If

that the

Plan Fiduciaries

you may

misuse the Plans

for asserting your rights

against

fees.

is

should happen

it

file suit

you

in a federal

are successful

you lose

the

court

you may seek assistance from
court. The court will decide who

the court

may

order

may
you

order the person

to pay

you

these costs and

finds your claim is frivolous.

you have any questions
the

receive

for a benefit which

or federal court.

have sued to pay these costs and
fees

of you and other Plan

interest

or other person

have the right to have the Plan Administrator

take to enforce

receive

may require

you

Department of Labor or you
court

You

this

the control of the Plan Administrator.

you have a claim

in a state

file suit

you can

In such a case the court

federal court.

you from

of

section

your claim.

Under ERISA
request

your Employer

to prevent

your Plan are called

operate

If your claim for a benefit is denied in whole or in part

of the reason for the denial.

review and reconsider

and in the

prudently

including

you in any way

against

your rights under ERISA.

the Plan

No one

Participants and Beneficiaries.

imposes duties upon the people

INFORMATION

ADDITIONAL

of the Plan and are identified in the

They have

booklet.

ERISA

The people who

of the Plan.

for the operation

questions

about

this

about your Plan you should contact
statement

of the U.S.

or about your rights under

Labor-Management

Services

the Plan Administrator.

ERISA you

If

should contact

Administration Department

of

 REIMBURSEMENT PROCESS
You

and medical laboratory

100% of the

for

are responsible

You

testing.

to the providers

payment

will be provided

with

of the covered vision services

vouchers in advance

under the vision care plan provided for by the Payment Schedule.

services

for covered laboratory testing

up

to a

reimbursement must be made within
must be submitted

service

maximum amount
six

6

months

20%

of

You

for covered
will be reimbursed

of the entire charge.

of the date of service

Claims for

and receipts for the

along with the claim.

Exclusions and Limitations

1.

Services

rendered

2.

Reimbursements requested

3.

Care or treatment

A decision

the date the

after

six

after

regarding

Government regulations

The

1.

is

of the date the service was performed.

YOUR CLAIM

IS

does not believe

disagrees

the Plan Administrator

DENIED
to take care of the rare instance

forth specific procedures

set

made by

is filed.

denied in whole or in

Administrator

part.

A

when

claim for a benefit might be denied is

a Participant is entitled to a benefit.

with the amount of benefit to which the Participant believes

he

entitled.

If this
denial within

happens

explaining
final

the Plan Administrator

should notify you in writing of the reasons for the

90 days of the date of the claim.

Administrator

a

is

Plan administrator

The Plan

2.

months

the status of your claim should be

IF

a claim for a benefit

6

to be covered hereunder

rendered finished or started prior to the effective date of your coverage.

90 days from the date the claim

within

member cases

may take up to an additional

the special circumstances

decision

Explain

is

See

expected

why

the

which

NOTE

If more time

is

required for a special case

90 days but you will receive
require

more time

written

the Plan

notification

as well as indicate the date by which

below.

the claim for a benefit has

been denied and specify the Plan provisions on

which the denial was based

Provide a description of any additional

information

needed and an explanation

of

why

it

necessary

Explain the claim review procedure.

If

you do

not receive

Plan Administrator

within

claim has been denied and

47

-

2005

notice

of the status of the claim or the denial of the claim from the

90 days or within

may

then request

180 days
a review

if

it

is

a special case you can assume the

of the denial.

is

 REVIEW OF THE DENIAL
the claim has been denied

If
after

you may request a review of the

receipt of the written notice of denial to request a review.

be made to any Plan Fiduciary.

The ADDITIONAL

identifies the Plan Fiduciaries.

If you

issues and

comments

A review
the

after

section

have 60 days

of

this

the Plan documents

in writing to the appropriate

Be written

in a

manner which can

the Plan provisions

Specify

3.

Tell the results of the review.

you do

The

the request is received.

2.

If

You

request must be in writing and

INFORMATION

wish you may also review

the claim

denial.

not review

a decision

decision

booklet

and submit

Fiduciary.

of the denial should be made in writing by the Plan Fiduciary within

NOTE below
1.

supporting

This

60 days

See

should

easily be understood

on which

on your

the decision

request

is

based

for review within

60 days you can assume

the request has been denied.

If you disagree
the suit is successful

NOTE

with the results of the review

the court

The 90 and 60 day

will be told of the extension
notice

48

will state

-

2005

may award

why the

deadlines

is

suit

your legal costs including

in writing before

extension

you may file

may be

in federal or state

attorneys

court.

fees.

extended under special circumstances.

the end of the 90

needed and the date you

or 60

day period.

may expect

If

The

a decision.

You

extension

 AMENDMENT NO 1 TO THE AMENDED AND RESTATED
AGREEMENT AND DECLARATION OF TRUST
-of

the-BUFFALO
POLICE BENEVOLENT ASSOCIATION
HEALTH
The Amended

and Restated

Benevolent Association

Health

WELFARE PLAN

Agreement and

Declaration

Welfare Plan dated

ARTICLE

May 16

of Trust of the Buffalo
1995

is

Police

hereby amended as follows

VIII

AMENDMENT AND TERMINATION

may be

Section

1.

Unchanged.

Section

2.

Termination

terminated

by an

instrument

Committee of the Association

cases

Section

3.

Unchanged.

Section

4.

Unchanged.

IN WITNESS
signatures this

5

WHEREOF

day of February

by

the Trustees.

This

in writing executed
to

make

by

contributions

the Association

Agreement and
all

the Trustees

Declaration

when

and the Trustees

have hereunto

1996.

BY
President

49

Treasurer

Trustee

Trustee

Trustee

Trustee

Trustee

2005

the Executive

to the Fund.

BUFFALO POLICE BENEVOLENT ASSOCIATION

BY

of Trust

INC.

affixed

their

 SUMMARY PLAN DESCRIPTION
BUFFALO POLICE BENEVOLENT ASSOCIATION
SEVERANCE BENEFIT PLAN
PLAN NO.3
The
Severance

Inc.

to read

presents

Plan

Benefit

Association
urge you

following

it

is

at

is

located

74 Franklin

at

maintained

which

document

in the event

New

Buffalo

Street

Association

Benevolent

York 14202.

We

of the benefits that are available to you.

are contained

you have any

Benevolent

by the Buffalo Police

Every effort has been made to

intended only as summary of the Plan.

in the Plan documents.

questions

You

should

about your benefits and the Plans

does not answer.

You may become more
available

This Plan

the Plan provisions

that this pamphlet

provisions

of the Police

description

carefully for a better understanding

describe

the Plan

consult

Plan.

Association

This pamphlet
accurately

summary

a

familiar with your Plan

the office of the Association

own

copy of the documents you

may

be a small charge for this service.

may

by reading the documents which

during regular business

obtain

hours.

If

you would

one by writing to your Plan Administrator.

are

like

you

There

PLAN NAME AND EFFECTIVE DATE
The Buffalo
March 21

effective

Police

Benevolent Association Severance

Plan originally became

Benefit

1978.

This pamphlet described

Reform Act of 1986

TRA

and the Unemployment

the Plan in operation

86

the

Omnibus Budget

Compensation

Amendment

on May 16 1995
Reconciliation

of 1992

as updated for the

Act of 1986

Tax

OBRA 86

UCA 92.

PLAN YEAR AND RECORDS
Records
beginning

of the Plan are kept on a Plan Year basis. The Plan Year

January

1St

each year and ending on December 31

is

a 12-month period

St

DESCRIPTION OF BENFITS.
The

benefits provided

eligible Association

members as

members Beneficiary
the
year

amount of $1500

sum retirement

benefit

payable to

below upon this retirement or payable to the eligible
member dies before retirement. Said payment shall be in

defined

in the event said

for an Association

member of

twenty years plus an additional

$50 for each

of membership in excess of the required twenty years. In the event of payment based on
or disability where the Participant

separation

or death

his benefit

shall be based

50

under this Plan are a lump

-

2005

has less than twenty

years of

upon $75 per year for each year or partial year of service.

membership

 No

Participant
shall have

Beneficiary

beneficiary

or any person claiming

any vest right title

of the Fund or any part thereof except as

by or through a Participant or
Fund or any money or property

or interest in or to the

may

be specifically determined by the Trustees

under

with ERISA.

the Plan and in conformance

ELIGIBILITY
eligible to participate under the Plan are those

Employees
standing

of the Association

member of the

minimum of twenty

a

20 years

at

includes

only those

withdrawn
expelled

By-Laws Membership

in the Association

of the Buffalo Police

Bargaining Unit Employees

who

has

members

in good

the time of his/her retirement or

retired due to disabilityor died prior to having completed twenty

As set forth

are

the time of his/her death disabilityor retirement and have been a

at

Association

who

Department.

the requirement for

fulfilled

20 years

of service.

in the Association

A member in good

membership and have

from membership become ineligible for continued

restricted to

is

standing

not voluntarily

membership or been suspended

or

from membership.

FINANCING OF PLAN
The primary
any

interest

The

source of financing

which accrues

Plans

and Declaration

on

of the Plan

is

fund raising activities

by the

Association

and

the funds so raised.

funds are held in trust by the Trustees

of Trust of the Buffalo

Police

pursuant

to the terms of this

Agreement

Retirement Benefit Fund.

Benevolent Association

DISTRIBUTION OF BENEFITS
Choosing Your Beneficiary

Upon

becoming

a

member of

the Association

you should choose

a Beneficiary

on

a form

available from your Plan Administrator.

If you are married and

Plan

you die

prior to retirement but are eligible for these benefits under the

the Plan requires that your retirement benefits be paid to your spouse.

You may waive
Beneficiary
consent

your spouse as your Beneficiary

under the Plan.

must be

witnessed

Your spouse must consent

to this waiver

in one of

in which

case

must have your spouses written consent or

-

2005

else as your

This written

two ways

Your spouses consent may specifically acknowledge

person other than your spouse

51

someone
in writing.

by the Plan Official or Notary Public.

Your spouse may consent

1.

and designate
to this waiver

any future change

your designation
of Beneficiary

of a

designation

 Your spouses

2.

in which case

consent

need not specifically identify the non-spouse beneficiary

you could change the Beneficiary

designation

in the future without

your

spouses consent.

You may revoke
spouse the Beneficiary.

is

election

subject

same

to the

concerning spousal consent.

you and your spouse understand your

that

important

your death which would thus make your

want you may then make a new

If you

as specified above

provisions

It

the waiver at any time before

respective

rights and obligations

concerning benefits payable upon your death and particularly the financial implications

for your

spouse of waiving his/her right to benefits upon your death.

Upon the
any Beneficiary

of any married Participant

death

on

designation

file

that does not

the terms of the Plan document

comply with the requirements

your spouse has certain government-mandated

Since

should immediately inform the Plan Administrator

If you are not married and
benefits under the Plan

rights to your retirement benefits

of any change in your marital

die prior to retirement

but

you

status.

are eligible for retirement

your retirement benefit will be distributed to the Beneficiary

you have

under the Plan.

designated

It

you

will supersede

stated above.

is

name and

important

that

you keep

address at all time.

This

the Plan Administrator

informed of your Beneficiarys proper

will insure that your chosen Beneficiary

will receive

the

retirement benefit available under the Plan.

do

If you

not designate

a Beneficiary

or if no

retirement benefit will be distributed in accordance

Plan Administrator

name

Beneficiary

A Qualified
e.g.

Domestic Relations

spouse

former spouse

Participant

Such an order
has or

is

may

order

is

-

earlier

qualified.

You

2005

ORDERS

a court order that creates or recognizes

Qualified

all

of your Plan benefits.

Domestic Relations

on account of death even though

than this event.

The Plan

Administrator
within

in a separate account.

ERISA

Orders are an
the

the Plan prohibits

must notify you if the

a reasonable

and each alternate payee will be notified of the decision.

are segregated

an alternate

While

of benefits to an alternate payee before

a domestic relations order and must also determine

the benefits affected

52

is

creditors

require payment

entitled to a distribution

distributions to the Participant
Plan receives

Order

child right to part or

generally protects Plan benefits against
exception.

your

for further details.

QUALIFIED DOMESTIC RELATIONS

payees

you

survives

with the terms of the Plan. Please contact your

time

In the

if the

meantime

 ADDITIONAL INFORMATION

TRUSTEES
NAMES

ADDRESS

JAMES PANUS

TITLE

74 Franklin

NY

Buffalo

WILLIAM MISZTAL

Chairman

Street

14202

Co-Chairman/Treasurer
74 Franklin

Buffalo

KEVIN

KENNEDY

NY

74 Franklin
Buffalo

14202

Street

NY

74 Franklin
Buffalo

JOHN EVANS

NY

74 Franklin
Buffalo

Buffalo

NY

Street

Secretary

14202

is

16-1240173

will serve as Plan Administrator

of the Plan and benefit information.

to represent

the

14202 Telephone

Agent for Service

summons

Trustee

14202

NY

Plan Administrator The Trustees

been designated

Street

03

The Associations Employer ID. No.

for administration

Trustee

14202

WILLIAM GAMBINO

Your Plans Number

Street

or legal notice

Plan Fiduciaries

Plan

No.

Administrator.

716

Robert

Meegan

You may

of Legal Process

Type of Pension Plan

Your

Plans Fiduciaries

Separation

Type of Administration This

him

contact

at

President

74 Franklin

has

Street

842-1258.

Plan Administrator

delivered to inform the Plan of a legal action

This

and will be responsible

Association

are the Trustees

payment based on

Plan is operated

is

designated

concerning

to receive

any

it.

and the Plan Administrator.

years of service.

under a Trust into which deposits

are

made

and from which benefits are paid.

YOUR ERISA RIGHTS
As

a Participant

you are entitled to certain rights and protection under the Employee
Retirement Income Security Act of 1974 ERISA. ERISA provides that all Plan Participants shall
be entitled to

53

-

2005

 without

Examine
locations
filed

by

at

charge

Plan

the

Administrators office

Plan documents including

all

insurance

the Plan with the U.S. Department

and

contracts

other

at

and copies

of

all

specified

documents

of Labor such as detailed annual reports and

Plan descriptions.

Obtain copies of

all

The Plan

Plan Administrator.

Receive

summary of

a

and other Plan information

Plan documents

Plans

the

may make

Administrator

upon

a reasonable

written

for the copies.

charge

The Plan

annual financial report.

to the

request

Administrator

is

required by law to furnish each Participant with a copy of this summary annual report.

In additional

who

for the

are responsible

Fiduciaries

operation

No one

otherwise

discriminate

written

explanation

there are steps

from the

and pay you up to $100

file suit

money

you have

in a state
or if

you

and do not

until

should pay

or federal

court.

are discriminated

court costs and

If

nearest

you

or

you must

receive

receive

the above

within

30 days you

the Plan Administrator

the

For instance

rights.

unless

the

may

if

you
in a

file suit

the materials

to provide
materials

were

not

sent

denied or ignored in whole or in part you

may

materials

It

should happen

may
If

legal fees.

If

Plan Fiduciaries

that the

misuse the Plans

file suit

you
you

in a federal

you may seek
court.
The court

assistance

from

will decide

who

for asserting your rights

against

fees.

is

are successful

the

court

lose the court

may

order

may
you

order the person
to pay these

you

costs an

finds your claim is frivolous.

you have any

you have any
the

it

fire

have the right to have the Plan Administrator

them

receive

a claim for a benefit which

example

may

the control of the Plan Administrator.

have sued to pay these costs and
if for

or other person

you from obtaining a benefit or exercising

take to enforce

may require

you

Department of Labor or you

the U.S.

fees

you can

the court

a day

because of reasons beyond

If

Plan

In such a case

federal court.

this

of you and other Plan

interest

If your claim for a benefit is denied in whole or in part

You

of

section

your claim.

Under ERISA
materials

way

to prevent

of the reason for the denial.

review and reconsider

request

you

against

your rights under ERISA.

in any

and in the

your Employer

including

your Plan are called

operate

INFORMATION

ADDITIONAL

the Plan prudently

to operate

duty

Participants and Beneficiaries.

imposes duties upon the people

The people who

of the Plan.

of the Plan and are identified in the

They have a

booklet.

ERISA

to creating rights for Plan Participants

questions

Area Office

about your Plan you should contact

questions

about

this

statement

of the U.S.

or about your rights under

Labor-Management

Services

the Plan Administrator.

ERISA you

If

should contact

Administration Department

of

Labor.

PAYMENT OF BENEFITS
The

retirement

Administrator

under the

New

of notice

benefit

by

under

teletype

York Retirement System.

benefits under this plan
your Beneficiary

54

-

2005

this

that

Plan

is

payable

to

you upon

you have retired and you will
In the event
should

die before

start

receipt

to receive

retirement

you
make an appointment

with

but

by

the

Plan

your pension

are eligible for

the Plan Administrator

 to complete the forms necessary

a copy of the death

A
within

to process

decision

the

regarding

Government regulations
a claim for a benefit

should bring with him/her

YOUR CLAIM

IS

the Plan

Administrator

DENIED
to take care of the rare instance

set forth specific procedures

denied in whole or in

is

made by

is filed.

A claim

part.

when

for a benefit might be denied if

1.

The Plan

Administrator

does not believe

2.

The Plan

Administrator

disagrees

with the amount of benefit to which the Participant

the Plan Administrator

should notify you in writing of the reasons for the

believes

If this
denial within

explaining

happens

is

may
is

why

entitled to a death

is

benefit.

See

which

more time

require

NOTE

the

If

is

required for a special case

the Plan

90 days but you will receive written notification

take up to an additional

expected

Explain

a Participant

entitled.

the special circumstances

decision

1.

he

90 days of the date of the claim.

Administrator

final

Beneficiary

status of your claim should be

90 days from the date the claim

IF

a

Your

the benefit.

certificate.

on

more time

the following

as well as indicate the date

page.

The

notice

by which

of denial should

the claim for a benefit has been denied and specify the Plan provisions

on

which the denial was based

2.
is

3.

Provide a description of any additional information

needed and an explanation

of why

it

necessary

Explain the claim review procedure.

If you do not receive

Plan Administrator

within

of the status of the claim or the denial of the claim from the

notice

90 days or within

assume the claim has been denied and

may

180 days

if

then request

it

is

a special case the Beneficiary

can

a review of the denial.

REVIEW OF THE DENIAL
If the claim has been denied
after

you may request

a review

receipt of the written notice of denial to request a review.

of the denial.
This

The ADDITIONAL INFORMATION

identifies the Plan Fiduciaries.

If you

comments

A review
the

55

NOTE below

-

section

of the booklet

the Plan documents

in writing to the appropriate

after

Be written

2.

Specify

the request

in a

is

received.

manner which can

the Plan provisions

The

decision

should

easily be understood

on which

the decision

is

based

and submit

Fiduciary.

of the denial should be made in writing by the Plan
Fiduciary within

1.

2005

supporting

wish you may also review

the claim

have 60 days

request must be in writing and

be made to any Plan Fiduciary.

issues and

You

60 days

See

 3.

If

assume

Tell the results of the review.

you do

not

the request

If

you

disagree

NOTE
notice

a decision.

-

2005

on your

request

for review

with the results of the review you
the court

may award your

The 90 and 60 day

will be told of the extension

extension

56

a decision

within 60 days you can

has been denied.

If the suit is successful

You

receive

will state

why

deadlines

in writing
the extension

is

file suit

legal costs including

may be

before

may

in federal or state

attorneys

court.

fees.

extended under special circumstances.

the end of the 90

or 60

day period.

needed and the date your Beneficiary

The

may

expect