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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 3 3 4 4 5 6 7 7 7 8 8 8 9 2 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. 4 ~ 732-855-76S0 P'= Oec 19 O00l:r6p Durek and Harth 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. 6 Co Do 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