MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered into by and between the representatives for the County and Sheriff of Fulton (hereinafter “Employer”), and the Fulton County Deputy Sheriff’s Police Benevolent Association, (hereinafter “Association”), affiliated with the New York State Union of Police Associations, Inc. (hereinafter “NYSUPA”), and referred to collectively as the parties.

WHEREAS, the Employer and the Association are parties to a collective bargaining agreement which had an expiration date of December 31, 2012.

WHEREAS, the parties have now reached an agreement as of the date of execution of this Memorandum of Agreement on the terms and conditions for a successor collective bargaining agreement for the period of January 1, 2013 through December 31, 2016, and wish to memorialize their understanding, in writing, pending the signing of a new collective bargaining agreement; and

WHEREAS, upon execution of this Memorandum of Agreement by the representatives of both the Employer and the Association, the parties agree to comply with the following:

  1. All parties who sign this Memorandum of Agreement shall support and endorse it for ratification by their respective bodies. This Memorandum of Agreement is subject to ratification by the Association and Fulton County Board of Supervisors as set forth herein.
     
  2.  All terms and conditions of the collective bargaining agreement, which had an expiration date of December 31, 2012, shall remain in full force and effect except as agreed to be modified herein.
     
  3. The Association shall hold its ratification vote first.
     
  4. Upon a majority vote of the members in attendance at the required ratification vote by the Association of this Memorandum of Agreement, the Employer’s Labor Counsel shall be notified in writing by NYSUPA of its successful passage or failure.
     
  5. In the event that the majority of members in attendance at the Association ratification vote to support this Memorandum of Agreement, the Employer shall then place this matter on the Fulton County Board of Supervisors agenda for ratification and approval at its next regularly scheduled meeting, barring any unforeseen time constraints or prohibitions, at which a ratification and approval vote of this Memorandum of Agreement shall be conducted.
     
  6. After successful ratification by the Association and Fulton County Board of Supervisors, all new terms and conditions shall be implemented as soon as practical, after the successful ratification and approval voteof the Fulton County Board of Supervisors of the Memorandum of Agreement.
     
  7. Labor Counsel for the Employer shall prepare a draft “red lined” collective bargaining agreement in a word document by e-mail to the Association’s representative for review, consideration and its response that it reflects the expired agreement and this Memorandum of Agreement no later than 75 calendar days after the successful ratification vote by the Fulton County Board of Supervisors of this Memorandum of Agreement. After mutual agreement by the parties to the “Draft Red-lined” collective bargaining agreement, a Final successor Agreement shall be forwarded thereafter to be executed by the parties.
     
  8. The Employer agrees that any and all retroactive money due and owing, if any, shall be paid no later than forty-five (45) work days (defined as “Monday through Friday”) after the ratification vote date of the Fulton County Board of Supervisors. The Employer shall provide a summary worksheet year by year to any unit member receiving retroactive money setting forth how the calculation(s) was made and what it represents.

    Employees on the payroll on the date of ratification by the Fulton County Board of Supervisors, or employees who have retired with a pension during the term of the agreement and the date of ratification by the Fulton County Board of Supervisors |LS|that is 12/31/12 through ratification date herein|RS| shall be entitled to receive retroactive pay, so long as said payment is not less than twenty-five dollars ($25.00).
     

  9. The parties agree that upon approval of the Fulton County Board of Supervisors after ratification by the Association, this Memorandum of Agreement shall have the full force and effect of the collective bargaining agreement between the parties.
     
  10. The above numbers 1-9 will not become a part of the successor Collective Bargaining Agreement; agreeing to the above numbers 1-9 will have no binding affect or set any precedent with respect to future agreements by and between the parties hereto.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, upon ratification by the Association and ratification and approval by the Fulton County Board of Supervisors, the parties agree that a successor collective bargaining agreement to the one that had an expiration date of December 31, 2012, shall reflect the following terms as attached to this Memorandum of Agreement.

1. ARTICLE III – COMPENSATION and APPENDIX “A”

Section 1 –

  1. Insert the following to replace the 2003-2007 and 2009-2012 percentage increases and the two (2) paragraphs related thereto as follows:

    Effective January 1, 2013, two percent (2.0%) (1)
    Effective January 1, 2014, two and one-half percent (2.5%)
    Effective January 1, 2015, two and one-half percent (2.5%)
    Effective January 1, 2016, three percent (3.0%)

    (1) NOTE: The above percentage increase for January 1, 2013 shall be applied to the schedule in Appendix “A” as set forth above, but implementation shall not begin until January 1, 2014, at which time all employees shall begin to be paid pursuant to that schedule. All employees shall continue to be paid pursuant to the schedule of January 1, 2012, including any Step movement.

    (2) Employees on the payroll on the date of ratification by the Fulton County Board of Supervisors, or employees who have retired with a pension during the term of the agreement and the date of ratification by the Fulton County Board of Supervisors, shall be entitled to receive retroactive pay, so long as said pay is not less than twenty-five dollars ($25.00).
     

  1. Longevity Pay – Amend to read as follows:
     
    1. All full time employees with four (4) years of service shall receive longevity compensation of two hundred dollars ($200.00). At the commencement of the fifth (5th) year of service, longevity compensation shall be increased to fifteen hundred dollars ($1,500.00). At the commencement of the sixth (6th) year of service, longevity shall increase by one hundred dollars ($100.00) a year, with the exception of the commencement of the tenth (10th), fifteenth (15th), and twentieth (20th) years of service, when longevity shall be increased by seven hundred and fifty dollars ($750.00). The longevity compensation schedule is attached hereto as Appendix “ “ and made a part of this Agreement, with the same amount of longevity being paid after the commencement of twenty-fifth (25th) year.
    2. N/C
    3. Delete in its entirety – See #1 above.
  1. NOTE: Should be D. No D in Agreement (N/C)
     
  2. Should now be E. Add the following to read as follows: Lag Payroll
    An employee hired on or after the date of the ratification vote by the Fulton County Board of Supervisors, shall be paid based on a two (2) week lag payroll (Example: If a new employee works the 1st full two (2) week pay period hired, they will not be paid until the next two (2) week pay period, providing for the two (2) week lag payroll.

    As soon as practical after the date of the ratification vote by the Fulton County Board of Supervisors, the County shall have the right to implement a total of a two (2) week lag payroll from the existing one (1) week lag payroll for all current employees.

    All employees on the current one (1) week lag pay period, shall have their existing pay period adjusted back by one (1) day each pay period for five (5) consecutive pay periods until the additional one (1) week lag is achieved. An employee may also elect to implement his/her additional one (1) week lag pay period in one (1) designated pay

    period. During the implementation of the two (2) week lag, an employee may elect to cash in accrued benefit time when that employee will not be receiving an eighty (80) hour paycheck. In that event, the employee must have the accrued time available at the time of election.

    Accrued benefit time shall include any of the following:
    Vacation, Personal Leave, Holiday, Compensatory Time, and/or PTO (pooled time off for the 12 hour shift employees).

    Upon separation, any lag due that employee shall be paid to the employee no later than the following pay period.

     

     

Section 2 – Uniform Allowance

  1. Add to read as follows:

    Effective upon ratification by the Fulton County Board of Supervisors, all uniformed employees of the bargaining unit shall be entitled to an annual uniform allowance of $450.00 for the purchase of uniforms.
     

  2. Add to read as follows:

    Effective upon ratification by the Fulton County Board of Supervisors, a new employee, during the first (1st) year of employment, shall be entitled to receive up to a maximum of one thousand two hundred dollars ($1,200.00) for purchase towards his/her initial uniform items set forth below. If a new employee attends the Zone Five basic police academy, he/she shall also be provided with any and all uniforms required to attend the Zone Five basic police academy for certification, at no cost. After one (1) year, the employee shall be entitled to the annual uniform allowance set forth above. The initial uniform, not the police academy issue, shall consist of the following:

    One (1) Summer/Winter Stetson hat
    Two (2) long sleeve shirts with appropriate patches
    Two (2) short sleeve shirts with appropriate patches
    Two (2) summer pants
    Two (2) winter pants
    One (1) pair of summer boots
    One (1) pair of winter boots
    One (1) belt
    One (1) winter jacket
    One (1) summer jacket
     

  3.  Add to read as follows:

    Effective upon ratification by the Fulton County Board of Supervisors, all non-uniformed employees of the bargaining unit shall receive a $450.00 annual clothing allowance

Section 3 – Miscellaneous Compensation

  1. Mileage Allowance – Add the following to read as follows:

    Effective on the date of the ratification vote by the Fulton County Board of Supervisors, an employee authorized to use his/her personal vehicle for County business shall be reimbursed at the Internal Revenue Service (IRS) rate in effect at that time.

  1. Premium Pay – Add the following to read as follows:

    Effective upon ratification by the Fulton County Board of Supervisors, the premium pay for all employees working the second (2nd) shift between the hours of 6:00 p.m. and 6:00 a.m., shall be paid $1.00 per hour.

    This shift differential shall be only be paid for actual hours worked. Employees on vacation, sick, personal leave, etc. shall not receive shift differential.
     

  2.  Meal Allowance – Add the following to read as follows:
    1. Effective on the date of the ratification vote by the Fulton County Board of Supervisors, it shall provide a seven dollar ($7.00) meal allowance when an employee works in excess of eleven (11) continuous hours in any twenty-four (24) hour period, indicating three (3) hours of overtime.
  1. Delete in its entirety.

4. 12-HOUR SHIFTS

ARTICLE IV – WORKDAY, WORKWEEK, OVERTIME

Section 1

  1. Add the following to read as follows:

    All employees assigned to and working patrol pursuant to this Article shall be scheduled to work one (1) of the two (2) twelve (12) hour tours of duty/shifts as set forth below, the starting and ending times of which shall be fixed as follows:

    1st shift – 6:00 a.m. to 6:00 p.m.
    2nd shift – 6:00 p.m. to 6:00 a.m.

    The above twelve (12) hour tours of duty/shifts produce eighty-four (84) hours in a pay period. Four (4) hours are included in the employees annual pooled time off (PTO), as set forth in this Article.
     

  2. N/C
     
  3. N/C
     
  4. N/C
     
  5.  Add the following to read as follows:
    All Investigators and Civil Division employees shall work Monday through Friday, with Saturday and Sunday off.
     
  6. NEW F.

    All twelve (12) hour tours of duty/shift employees shall be credited with one hundred and twenty (120) hours of leave time on January 1st of each year, and one hundred and four (104) hours on September 1st of each year. The time shall consist yearly of the following:

    • 24 hours of Personal Leave; and
    • 96 hours of Holiday Time; and
    • 104 hours of Flex Time

    The above are collectively referred to as “Pooled Time Off” (PTO)
    The conversion of accruals from day to hour increments shall be as follows:

    1. Paid Holidays – 96 hours
    2. Sick Leave – 8 hours
    3. Personal Leave – 24 hours a year upon hire
    4. Bereavement Leave – 40 hours
    5. Hours of Work – 12 hour work day for patrol
    6. Vacation – credited on the first (1st) day of each calendar month as follows:

      • Service of more than one (1) month, but less than five (5) years – 8 hours each month

      • Service of more than five (5) years, but less than ten (10) years – 10 hours each month

      • Service of more than ten (10) years, but less than fifteen (15) years – 12 hours each month

      • Service of more than fifteen (15) years and above – 16 hours each month

      • When a year has 27 payrolls, the September 1st PTO time will be increased by 4 hours of Flex time, for the additional payroll, to 108 hours of PTO time.
       

  7. NEW G.

    All leave for twelve (12) hour tours of duty/shift employees shall be charged based on actual hours used. All leave for eight (8) hour tours of duty/shift employees shall be charged based on the actual hours used.
     

  8. NEW H.

    All twelve (12) hour tours of duty/shift employees shall not be able to use personal leave, holiday time and/or flex time off, collectively PTO, during the months of June, July, and August, unless authorized by the Sheriff or designee. All twelve (12) hour tours of duty/shift employees are entitled to use vacation and compensatory time during the months of June, July, and August.
     

  9. NEW I.

    Each twelve (12) hour tours of duty/shift employees shall be required to submit and take two (2) days each calendar month of PTO time off, except in June, July, and August, with the approval of the Sheriff or designee. The request is to be submitted no later than the fifteenth (15th) of the previous calendar month for the ensuing calendar month. In the event the employee does not submit for the two (2) days off, as set forth herein, the Sheriff or designee will assign the day(s). No more than two (2) employees shall be granted off for each tour of duty/shift, as set forth herein in this Article, in which seniority shall be applicable
     

  10. NEW J.

    Should the Sheriff wish to change from a 12-hour road patrol shift to another schedule, i.e. 6 on/3 off, 4 on/2 off, etc., before implementation, the proposed change must first come before a committee consisting of the Sheriff, PBA Executive Board, and the Personnel Committee (County). The following criteria must be met:

    • A documented reason for the change must be presented.
    • The new shift/schedule must be presented.
    • Proof of adequate manpower for the change.
    • At least seven (7) calendar days written notice before implementation must be given to the PBA President.
    • If a change from 12-hour shifts occurs, the necessity for the shift change will be reviewed by the Sheriff, PBA Executive Board and the Personnel Committee every twelve (12) months.

Section 2 – Overtime Pay

  1. Shall remain as written in the Collective Bargaining Agreement:

    Except as provided above, all employees shall receive time and one-half for overtime in excess of eight (8) hours within a twenty-four (24) hour period, unless employees voluntarily elect to work an additional shift within the twenty-four (24) hour period.

    Add:
    An employee assigned to and working the twelve (12) hour tours of duty/shifts, shall be paid for all time worked in excess of his/her regularly scheduled twelve (12) hour tours of duty/shift.

  1. Add the following to read as follows:
    Effective on the date of the ratification vote by the Fulton County Board of Supervisors, each Investigator shall be paid either four (4) hours of overtime at time and one-half (1.5X), or four (4) hours of compensatory time at time and one-half (1.5X) at his/her option, and with approval of the Sheriff or designee, for his/her “on call” responsibility

Section 4 – Shift Assignment and Vacancies – N/C

5. ARTICLE V – HOLIDAY PAY

Effective in 2018, add the following holiday list to read as follows:

  1. New Year’s Day
  2. Martin Luther King Jr’s Birthday
  3. President’s Day
  4. Memorial Day
  5. Independence Day
  6. Labor Day
  7. Columbus Day
  8. Election Day
  9. Veteran’s Day
  10. Thanksgiving Day
  11. Day after Thanksgiving Day
  12. Christmas Day

C. N/C

6. ARTICLE VI – VACATION, SICK LEAVE AND OTHER LEAVE REGULATIONS

Section 2 – Sick Leave

  1. Add the following to read as follows:

    Effective upon ratification by the Fulton County Board of Supervisors, an employee who does not use any sick leave in any calendar half year (January 1st through June 30th, or July 1st through December 31st) shall be paid $150.00. The payment shall be paid by separate check in the second (2nd) payroll period of August and February. The total annual payment will not exceed $300.00.

 

8. ARTICLE XVIII – DISPUTE AND GRIEVANCE PROCEDURE

Section 2 – Definitions

  1. Amend to read as follows:

    A contract grievance is a dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this Agreement, which can only be filed by the Association, at each Step as set forth in Section 4.

  1. NEW F. Add the following to read as follows:
    A “Working Day” shall be defined as Monday through Friday, excluding contractual Holidays listed in Article V

     

9. ARTICLE XXII – EDUCATIONAL STIPEND

Add the following to read as follows:

Effective upon ratification by the Fulton County Board of Supervisors, each employee who has completed a degree program in an employment related field, shall be paid the following amount:

  • Associates Degree $225.00
  • Bachelors Degree $425.00

Only one (1) of the above Degree’s shall be paid. The above payment shall be paid in a lump sum in the first (1st) pay period of December each year. Prior to enrolling in the degree program, the employee must receive approval of the Sheriff.

10. ARTICLE XXXII – DURATION

Insert “2013” and “2016” where “2008” and “2012” appear. (NOTE: Refers to a 4 year agreement.)

.Appendix " "
PBA LONGEVITY SCHEDULE

YEARS OF SERVICE ANNUAL LONGEVITY
4 200
5 1500
6 1600
7 1700
8 1800
9 1900
10 2650
11 2750
12 2850
13 2950
14 3050
15 3800
16 3900
17 4000
18 4100
19 4200
20 4950
21 5050
22 5150
23 5250
24 5350
25 and over 5450

.

APPENDIX “B’
GENERAL MUNICIPAL LAW §207-C POLICY

Incorporate mutually agreed upon language throughout the Policy, where applicable, that determinations are in cooperation with the Sheriff and County, acting through the County Personnel Director.

Section 8 – Continuation of Contract Benefits – Amend to add the following to be provided while out on §207-c:

  • Health Insurance
  • Dental Insurance
  • Educational Stipend

 

Resolution 293 2018 Resolutions