HomeMy Public PortalAboutR 00:419No. 00-419 Date tit' Adoption December 19, 2000
RESOLUTION APPROVING EMPLOYMENT AGREEMENT
WHEREAS, Christopher Elg ("Elg") is employed by the Borough of Carteret as
(the "Borough") as its Police Director; and
WHEREAS, the Borough and Elg are parties to an Employment Agreement; and
WHEREAS, the Borough wishes to extend the terms and conditions of said
employment agreement through December 31, 2003;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Carteret, that the attached Employment Agreement between
Christopher Elg and the Borough Of Carteret be and is hereby approved;
BE, IT, FURTHER RESOLVED that the Mayor and Borough Clerk be and are
hereby authorized to execute this agreement on behalf of the Borough;
BE, IT, FURTHER RESOLVED that this resolution shall take effect
immediately.
Adopted this 19th day of December, 2000
and certified as a true copy of the
original on December 20, 2000.
KATHLEEN M. BARNEY
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.n. COUNCILMAN ','ES Nd- '-NV A.B.
CJ~rLLk'V X qUIl, l(lqi~ X ........
FAXFKAS X S~IuKO X _
O'~T~ X ~A X
X - indicate Voic AB - Absen~ NV - No~ Voting XOR - Indica~e~ Vom
Adopted a~ a meeting of ~hc Municipal Council _ Decem~r 19, 2000
EMPLOYMENT CONTRACT
THE BOROUGH OF CARTERET
MIDDLESEX COUNTY, NEW JERSEY
AND
CHRISTOPHER L. ELG
FOR
POSITION OF POLICE DIRECTOR
TABLE OF CONTENTS
ARTICLE I - RECOGNITION
ARTICLE II - PURPOSE
ARTICLE III - CONTROLLING LAW
ARTICLE IV - POSITIONS, POWERS AND DUTIES
ARTICLE V- SALARY AND BENEFITS
ARTICLE VI - HEALTH AND WELFARE BENEFITS
ARTICLE VII - LEGAL AID
ARTICLE VIII - SAViNGS CLAUSE
ARTICLE IX - TERMS OF THE AGREEMENT
ARTICLE X - MOTOR VEHICLE - MISCELLANEOUS
EQUIPMENT
ARTICLE XI - DISPUTES ARISiNG OUT OF THIS CONTRACT
ARTICLE XII - SUPERCEDiNG pREVIOUS AGREEMENT
SIGNATORY
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ARTICLE I- RECOGNITION
The Borough of Carteret (hereinafter Boroug ) is a body politic and municipal
corporation within the County of Middlesex and State of New Jersey.
As such, the Borough is governed by the federal and state constitutions, statutory law, the
common law in and for the State of New Jersey, and the ordinances enacted by the
Borough of Carteret, to empower it to act in the best interests for the residents of the
Borough.
Accordingly, the Borough has made the decision, pursuant to said law, to retain the
services of a civilian police director for the administration and management of the
Borough Police Department. For this purpose, the Borough hereby recognizes
Christopher L. Elg (hereinafter "Elg") currently of 839 Bordentown Avenue, South
Amboy, New Jersey 08879, as the incumbent previously selected for this position and
enters into this extended employment agreement.
The only parties to this agreement are the Borough of Carteret and Christopher L. Elg.
This agreement when executed will supercede any other prior agreement executed
between the named parties.
ARTICLE II- PURPOS~
The purpose of the Borough of Carteret, is to retain a full time professional non-tenured,
civilian police director to assume full responsibility for the administration, management
and operation of the Borough Police Department. Furthermore, it is also the purpose of
the Borough to vest said position with certain police powers enumerated by Borough
ordinance as derivative powers permitted by enabling legislation enacted by the State of
New Jersey, It is understood that these police "type" powers can and will only be
facilitated pursuant to New Jersey state statutes and governing regulations, but in any
event, will have no other impact on the position and duties of the Director.
It is the propose of, Elg, to continue employment with the Borough of Carteret pursuant
to and subject to the terms and conditions set forth herein.
Furthermore, it is the purpose of both parties to this agreement to insure that the
continued efficiency and excellence of the Borough of Carteret Police Department shall
be considered foremost and at all times by both parties to this agreement.
ARTICLE III- CONTROLLING LAW.
It is understood by both parties to this agreement that all provisions herein are to be
governed by the constitutional, statutory and common law for this jurisdiction.
More specifically, N~.J.S.A_. 40A: 14-118 empowers the governing body for the Borough
of Carteret to establish its police department and to decide the derivative powers to be
vested in each employee thereof.
The common law for the State of New Jersey generally addresses and fleshes out the
statute by indicating that it is in the discretion of the Borough whether or not to fill the
position of a sworn chief of police or to hire a civilian non-tenured Police Director to
manage the day to day operations of the police department.
Notwithstanding these facts, it is understood that Elg must satisfy other administrative
and/or statutory regulations to be vested with the derivative powers of arrest and/or
bearing of arms, as currently provided by ordinance subject to and conditioned upon
satisfying said requirements.
Additionally, this position is further governed by municipal statutes (ordinances), which
establish the office of Police Director and the powers and duties appurtenant thereto.
ARTICLE IV-POSITION~ POWERS AND DUTIES_
A. Position
The position is titled Director of Police (aJlda Police Director) who will be solely and
exclusively responsible for the administration, management and day-to-day operation of
the Carteret Borough Police Deparkment. The Director will be directly subordinate to the
Borough Police Committee and, through them, the Mayor and Borough Council.
B. Powers and Duties
The powers and duties of said office are as generally described and provided for by
ordinance number 98-29. Additionally, as part of the management team for the Borough
of Carteret, it is expected that Elg may be called upon to render general advice and
counsel on all public safety issues and matters.
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C. Schedule
The Police Director shall prescribe the days and hours of work in accordance with current
practice in such manner as will facilitate the effective operation of the Police Department
and can be consistent with the schedule of the next lower rank in the police department at
his own discretion.
ARTICLE V- SALARY AND BENEFITS.
A. Salary.
Elg will be paid the following salary amounts for the time periods indicated:
January 1, 2001 to April 30, 2001
May 1, 2001 to December 31, 2001
January 1, 2002 to December 31, 2002
January 1,2003 to December 31,2003
$93,000.
$95,000.
$98,000.
$103,000.
Thereafter, Elg may renegotiate his salary with the Borough with the understanding that
he will receive, at a minimum, the same percentage increase negotiated by the police
labor union for the PBA and SOA whichever is larger.
Bo
Benefits
Holidays- the Director of the Police Department shall receive the
following holidays armually, for which days off shall be allowed:
New' Year s Day, President s D y, Good Friday, Memorial Day,
hrdcpcndeuce Day, Labor Day, Election Day, Thanksgiving Day, the
Day, Veteran's Day, Columbus Day, Christmas
day after Thanksgiving , . da
Eve, Christmas Day and Martin Luther King Jr. s birth y.
2) Personal Days- the Police Director shall be entitled to leave with pay
for personal, business or other reasons for six (6) days annually, subject
to prior notice to the Chairman of the Borough Police Committee.
3) Vacations- the Police Dkector shall receive five wee~ of annual
vacation.
4) Bereavement Leave- tn the event of a death in the Dixector's immediate
family he shall be entitled to four (4) day's leave of absence with pay.
Immediate family shall inchide spouse, child, grandchild, mother, f~ther,
Brother, sister, grandfather, grandmother, father-in-law, mother-in-law,
Brother-in-law, sister-in-law, and spouse's grandparents. One day of
Bereavement leave shall be provided for the death of any relative of the
employee or the employee's spouse, which is not within the immediate
family as defined herein above. Bereavement days shall be taken
consecutively and are expressly for the purpose of attending the wake
and/or corresponding memorial service.
s)
Sick Leave- Elg will be granted 1.25 sick days per month, for a total of 15
days per year, which may be accumulated up to 150 days, Accumulated
sick time may be used to attend to immediate family members as a result
of sickness or disability. Any unused sick leave can be sold back to the
Borough at a rate of one day's pay for each sick leave day cashed in at any
time during this agreement.
Tuition Reimbursement- The Borough of Carteret recognizes that Elg
will continue his educational pursuits while in the employ of the Borough.
The Borough of Carteret agrees to reimburse the employee for all costs
(tuition, books and expenses) incurred in completing any educational
degrees pursued up to and including a J. D. and/or Ph.D.
7)
Professional Development- it is understood that, as the Chief Executive
Officer of the Carteret Police Department, the Police Director is expected
and is hereby authorized to attend national professional conferences and/or
approved schools for the purpose of professional development. Elg shall
be permitted a minimum of four (4) hours each week to engage in some
form of professional development.
ARTICLE VI-HEALTH AND WELFARE BENEFITS
A. Medical Insurance
The Borough agrees to assume the full cost of family coverage for all medical
insurance of Elg and his dependents pursuant to the insurance policies and
programs negotiated by the underlying police labor contract and currently in place
with the Borough of Carteret. The Borough, at its expense, shall provide
prescription drug coverage for Elg and his dependents.
B. Li~ Insurance
The Director shall have $10,000 of life insurance coverage, including "death
benefit" during the term of this Employment Agreement.
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Medical Insurance upon Completion of Service
The Borough will assume full health benefits for Elg and any remaining
dependents after 15 years of service with the Borough of Carteret and upon
retirement within the governing statutes and regulations of the New Jersey
Division of Pensions.
Dental Coverag~
The Borough agrees to provide a dental program for Elg and his dependents
identical to that in existence for all other Borough employees.
ARTICLE VII- LEGAL AID
It is hereby the express intention of the Borough to "step into the shoes of" Elg to provide
for any legal defense and indemnification resulting from good faith decisions made in the
performance of his duties for the Borough of Carteret. Said defense and indemnification
shall be pursuant to the defense and indemnification ordinance previously adopted by the
Borough, ordinance number 98-41. This provision will not apply as stated in the
ordinance, to defend or indemnify Elg against any charges brought by the municipality or
litigation arising out of culpable, willful negligence and/or intentional wrongdoing. The
provisions of municipal ordinances, which effect the terms and conditions of employment
for the Director, shall be maintained during the term of this Employment Agreement.
ARTICLE VIII- SAVINGS CLAUSE
If any article or section of this agreement, or any supplement or rider hereto, shall be held
invalid by operation of law, or by any tribunal of competent jurisdiction, or is in conflict
with any applicable federal, state, or municipal law, then such article or section shall be
suspended and the appropriate provision(s) of law shall prevail, and the remainder of this
agreement shall not be affected thereby.
Additionally, any such provision subsequently held to be invalid will result in every
effort made by both parties to this agreement to modify or change the invalid section,
bringing it into compliance with the law and with the express intention of facilitating the
intention of the parties to this agreement to the extent it is legally possible to do so.
ARTICLE IX- TERM OF THE AGREEMENT
This agreement shall be effective as of January 1, 2001 and shall continue for a period of
three (3) years, through December 31, 2003. All benefits, payments, and fringe benefits
and any other matter covered by this agreement shall continue in fall force and affect
until a subsequent agreement takes its place.
Unless either party to this contract serves formal notice within 180 days prior to the
expiration of the three-year term, this contract will be automatically renewed for another
term of three years. A renewal term will take place, absent the 180- day notice, at three-
year increments thereafter. It is expressly understood that for each year of all renewal
terms, Elg will be paid, at a minimum, the base salary as of the last year of this
Employment Agreement plus the percentage increase negotiated by the rank and file
police officers for the Carteret Borough Police Department. Notwithstanding that fact,
and based upon his performance, a greater amount may be negotiated upon 180 days
written notice prior to any annual salary term, after the term of this agreement.
Separation- This contract will conclude and separation of the parties will occur as a
result of any one or combination of the following terms and conditions:
1. Formal notice by either party 180 days prior to the expiration of the term of this
agreement or 180 days prior to any three year term expiring; and/or
2. Upon the arrest, and conviction of any criminal or administrative tribunal for
misbehavior on the part of Elg; and/or
3. The Borough expressly reserves its fight, at any time upon 90 days notice, but no
less than 180 days before the end of the current contract, to buy out the remaining
term of any contract period to sever the employment relationship. The buy out
will be equal to no less than six (6) months pay at the current salary.
All such 90-day periods of notice are to be formal and written in nature and strictly
construed to permit the parties hereto to find other employment and/or someone to fill the
position vacated.
ARTICLE X- MOTOR VEHICLE- MISCELLANEOUS EQUIPMENT.
Occasions may arise that may require the Police Director to report to duty at unusual
hours of the day and night. In consideration and to facilitate this call back responsibility,
the Borough shall provide the Police Director with full, unrestricted and unlimited use of
a motor vehicle assigned by the Police Director, a cellular telephone and a paging service
24 hours per day, 365 days per year. All expenses associated with the use of the above
equipment will be reimbursed to the employee.
ARTICLE 32I DISPUTES ARISING OUT OF THIS CONTRACT
In the Event of any dispute arising out of this contract, the losing party shall reimburse
the prevailing party for all reasonable attorney fees, court costs and associated expenses.
ARTICLE 3211- SUPERCEDING pREVIOUS AGREEMENT
This contract shall supercede any previous agreement between the parties whether oral or
in ~witing and shall constitute the full and entire agreement between the parties.
SIGNATORY
THIS AGREEMENT, effective January ,2001, has been executed this day of
December, 2000, between THE BOROUGH OF CARTERET, a municipal corporation
of the State of New Jersey, and byCHRISTOPHER L. ELG, Police Director for the
Borough of Carteret.
FOR THE BOROUGH
James Failace
FOR CHRISTOPHER L. ELG
Christopher L. Elg