NYS PERB Contract Collection – Metadata Header 
 
This contract is provided by the Martin P. Catherwood Library, ILR School,  
Cornell University.  The information provided is for noncommercial educational use only.   
 
Some variations from the original paper document may have occurred during the 
digitization process, and some appendices or tables may be absent.  Subsequent 
changes, revisions, and corrections may apply to this document. 
 
For more information about the PERB Contract Collection, see 
http://digitalcommons.ilr.cornell.edu/perbcontracts/ 
 
Or contact us: 
Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 
607-254-5370    ilrref@cornell.edu 
 
 
Contract Database Metadata Elements   
 
Title: Vestal, Town of and Vestal Police Supervisors Association (2004) 
 
Employer Name: Vestal, Town of 
 
Union: Vestal Police Supervisors Association  
 
Local:  
 
Effective Date: 01/01/04 
 
Expiration Date: 12/31/04 
 
PERB ID Number: 8810 
 
Unit Size: 8 
 
Number of Pages: 27 
 
 
 
For additional research information and assistance, please visit the Research page of 
the Catherwood website - http://www.ilr.cornell.edu/library/research/ 
 
For additional information on the ILR School - http://www.ilr.cornell.edu/ 
A G R E E M E N T  
BETWEEN 
TOWN OF VESTAL, NEW YORK 
AND 
VESTAL POLICE SUPERVISORS ASSOCIATION 
DATED: APRIL 12,2004 
R E C E I V E D  
NYS PUBUC EMPLOYMENT 
RELATIONS BOARD 
I N D E X  
SECTION PAGE 
RECIPROCAL RIGHTS 
NO STRIKE PLEDGE 
APPLICABLE LAW RULES Sc. REGULATIONS 
RECOGNITION 
BARGAINING UNIT AND AGENCY SHOP 
TERM 
SALARY - BASE 
SALA4RY- ADDITIONAL COMPENSATION 
SALARY - OVERTIbIE PAY 
SALARY - 1,ONGEVITY INCREMENT 
SALARY - SHIFT PREMIUM 
SALARY - INVESTIGATORS STIPEND 
SALARY - EDUCATION 
MEDICAL-HOSPITAL BENEFITS 
DISABILITY 
ACCIDENTS 
SHIFT SCHEDULING 
COMPENSATORY TIME POLICY 
HOLIDAYS 
VACATIONS 
SICK LEAVE 
PERSONAL LEAVE 
RETIREMENT PLAN 
GRIEVANCE PROCEDURE 
REMOVALIDISCIPLINE 
LIFE INSURANCE 
ADDITIONAL BENEFITS 
UNIFORM ALLOWANCE 
VPSA CONVENTION 
VPSA NEGOTIATIONS 
MILITARY LkAVE 
DEATH BENEFIT - VACATION 
VACATION - REINSTATEMENT 
PERSONAL PROPERTYIREIMBURSEMENT 
TRAVEL EXPENSE 
WEAPONS QUALIFICATION 
GYNMASKJM AND SHOWER 
TFL4INING 
VPSA - LEAVE OF ABSENCE 
COLmSELrNG 
AMENDMENTS 
LEGISLATIVE ACTION 
SCHEDULE " A  
1 .  DEFINITIONS 
-3.  FIRST STAGE 
3. SECOND STAGE 
4. THIRD STAGE 
A G R E E M E N T  
Between 
TOWN OF VESTAL, NEW YORK 
And 
VESTAL POLICE SUPERVISORS ASSOCIATION 
THIS AGREEMENT, made the 12th day of April, 2004, by and between the TOWN OF 
VESTAL, a municipal subdivision of the State of New York located in the County of Broome 
(hereinafter referred to as "TOWN"), and the VESTAL POLICE SUPERVISORS ASSOCLATION, a 
membership corporation duly organized under and existing under the laws of the State oLNew York 
(hereinafter sefen-ed to as the "VPSA"), 
W I T N E S S E T H :  
WHEREAS, by Chapter 392 of the Laws of 1967 the Legislature of the State ofNew Yorl; 
enacted the Public Employees Fair Employment Act as Article 14 of the Civil Service Law of the State 
of New York; and 
WHEREAS, the said Act gives to public employees in the State of New York the right to be 
represented by employee organizations of their own choosing and to negotiate collectively with their 
public employers: and 
WHEREAS, the Town Board of the Town of Vestal has duly designated the VPSA as the 
exclusive bargaining agent for the Sergeants, Lieutenants and Captains of the Police Department of the 
Town of Vestal: and 
S:\employees'\VPSA'~VPSAC ONTRACT -2004 draft.doc Page 1 of 2 1 
WHEREAS, the parties hereto have entered into negotiations conceiniiig coiiditions of 
e~nploymento f the Sergeants, Lieutenants and Captains of the Police Department of tlie Town of 
Vestal; and 
WHEREAS, as the result of sucli negotiations, the parties have niuti~allyr eached an 
understanding 011 the following matters, it is hereby agreed as follows: 
1 .  RECIPROCAL RIGHTS 
The Town recognizes the rights of the public en~ployeesto  be represented by the VPSA for the 
purpose of negotiating collectively with the Town in the determination of tenns and conditions of 
emp10,vment and the administration of grievances arising thereunder. 
VPSA recognizes the right of the Town to retain and reserve unto itself all rights, powers, 
authority, duties and responsibilities conferred upon and vested in it by the Laws of and Constitution of 
the Statc of New Yoi-l<a nd/or the United States of America. 
It is mutually understood and agreed by both parties to this Agreement that the management of 
Town operation and the direction of the working forces, including the right to hire, suspend, discharge 
for proper cause, promote, demote and transfer within the Department and other rights to relieve 
eniployees from duty because of lack of work or for other proper and legitimate reasons, is vested in 
and reserved in tlie Town, subject to the limitations provided in the law and in this agreement. 
It is hereby understood that thc VPSA may secure the services of an attorney to defend any 
member of its organization on any disciplinary proceedings. The VPSA agrees for its members that 
they will individually and collectively perfornl loyal and efficient work and services and that they will 
use their influence and best efforts to protect the property and interests of the Town, its good name and 
its services to the public. 
S:i,employees\VPSA\VPCSAO NTRACT -2004 draftdoc 
2. NO STRIKE PLEDGE 
VPSA affirms that it does not assert any right to engage in a strike or work stoppage against the 
Town or to cause, instigate, encourage or condone a strike or work stoppage or to impose any 
obligations upon its members to cause, instigate, encourage or condone a strike or work stoppage. 
3. APPLICABLE LAW RULES AND REGULATlONS 
That except as hereinafter provided, the negotiations and operation of this Agreement shall be 
consistent with the provisions of the Public Employees Fair Enlployment Act of the Statc of New York 
and the Rules and Regulations of the Police Department of the Town of Vestal. 
4. RECOGNITION 
The Town recognizes that the VPSA is the sole and exclusive collective bargaini~lg 
representative of all the unit described in Paragraph "5." hereof, and the VPSA agees to act as such 
representative for all persons included in said ~ulit.w hether or not they be members of the Association. 
5. BARGAINING UNIT AND AGENCY SHOP 
That, for the purposes of collective bargaining with the Town, the unit which the VPSA 
represents shall consist of all Sergeants, Lieutenants and Captains of the Police Department of the 
Town of Vestal. It is understood that in the event a current member of the bargaining unit becomes 
Chief of Police, said member shall remain eligible to retire with all of the benefits as provided in 
Paragraph " 13" hereof. 
Agency Shop - All members of the VPSA shall have deducted from their salary, by the Town, 
union dues as prescribed annually by the VPSA. All employees represented by the VPSA for purposes 
of collective bargaining who are not members of the VPSA, shall have deducted fi-om their salary by 
the Town, a negotiation fee.. Prior to January 1 of each year of this agreement, the VPSA shall certify 
to the Comptroller of the Town a list of members and non-members of the VPSA, who are covered by 
this collective bargaining agreement, and shall set forth the respective deductions to be made against 
S.\employees\VPSA\VPSAC ONTRACT -2004 draft doc Page 3 of 21 4/8/2004 
.--  
each category of employee. It shall be the responsibility of the VPSA to notify the Comptroller of the 
Town of any changes to this list. It shall be a condition of continued employment of each currcnt and 
future meinbcr of the bargaining unit to pennit the deduction of the VPSA union dues and negotiation 
fees, if they are members of the VPSA, or negotiation fees if they elect not to join the VPSA. 
The amount to be withheld shall be a fixed amount per pay period, per member, and shall not 
fluctuate with hours worked or any other variable function. The total amount of the dues and/or fees 
deducted shall be transmitted each month to the Treasurer of the VPSA, togcther with a list of 
employees from whom the deductions were made, no later than the fifth business day following the end 
of the ~nonthd ~lringw hich the dues and fees were collected. 
If any provision of this paragraph is invalid under the laws of the State of New York, such 
provision shall be modified to con~plyw ith the requirements of state law or shall be re-negotiated for 
the purpose of adequate replacement. 
6. TERM OF THIS AGREEMENT 
This Agreement shall begin on January I ,  2004 and end on Deccniber 3 1 ,  2004. All increases 
in wages shall be retroactive to January I ,  2004. 
S:'~,employee~\VPSA\,VPSCAO NTRACT -2004 draft.doc Page 4 of 2 1  
7. SALARY AND OTHER COMPENSATION 
A) Base Salarv: 
All members of the bargaining unit shall receive the base salary as provided below. The 
starting salaiy shall be payable for the duration of the probationary period. Upon con~pletiono f 
the probationary period, the salary shall be increased to increment No. 1. Starting at the 
thirteenth month from date of promotion, the salary shall be increased to i~lcrenlenNt o. 2. 
1)  The Town shall pay additional compensation of Five Hundred Dollars ($550.00)  per 
year to any member of the unit, who has been awarded an Associate Degree in Police 
Science or Criminal Justice from any accredited college or ~lniversity.T his compensation 
shall be paid as a part of the regular salary of said member, commencing with the first pay 
period subsequent to said member receiving such degrce, and contin~~infogr  each 
successive pay period so long as the member remains so employed. 
2) The Town shall pay additional compensation of Five Hundred Dollars ($550.00) for a 
total of ( S 1  100.00) to any member of the bargaining unit who shall obtain a four-year 
degree 111 Criminal Just~ceo r Social Science related to the job of n pollce officer. This 
compensation shall be paid as a part of the regular salary of said nlember, comnJencing with 
the first pay period subsequent to said member receiving such degree, and continuing for 
each successive pay period so long as the member remains so employed 
3) All members of the bargaining unit. designated as full time investigators by the Chief of 
Police, shall be entitled to an additional stipend of SO25.00,e ffective January 1, 2004, pro- 
rated wceltly during the tern1 of this a,~ rreemen  t . 
S:\employees\VPSA\VPSA CONTRACT -2004 draft.doc Page 5 of 2 1 
C) Overtime Pav: 
That for each hour over eight (8) hours, on any scheduled workday, the employee shall 
be paid at one and one-half ( 1  1'2) times their hourly rate. 
Where a member is called in from off-duty for any reason, or required to attend any 
judicial proceeding relating to employment wit11 the Town, whether criminal or civil, a member 
will be compensated for actual time spent in attendance of said proceedings at one and one-half 
(1 112) times their hourly rate. It is further understood that the meixber will be entitled to 
receive a minimum of tlvee (3) hours of overtime. 
It is further agreed that no employee will be changed from his regular shift and placcd 
on duty solely for the purpose of h~strat ingth e intent of this Agreement, insofar as overtime is 
concci-ned. 
The Town a g e e s  to pay on the basis of a regular hourly rate any member, who is 
ordered on standby alert. Standby alert shall be defined as being required by the Chief of Police 
to remam at home or at one single location until f~u-thero rdered, 01-n otified or to be available to 
report withill one hour or less for duty. Members shall not be required to keep the Chief of 
Police infonned of their movements or location in case of emergency imless heishe is placed on 
standby alert. 
S:\employees'\VPSA'\VPSA CONTRACT -2004 draft.doc Page 6 of 21  
D) Loncevitv Increment: Ln addition to the basic salary as set fort11 in paragraph "7 (A)", all 
members of the unit shall be entitled to an increment as set forth below. Any member is 
entitled to the increment if he/she has completed the years of service in the employ with the 
Town any time within the calendar year. 
E) Shift Premium: Shift premiums shall be applicable to all members for any hours 
worked after 3:00 P.M.. Said payments shall be made only to those persons assigned to said 
shifts. Such payments shall be paid for sick time, injured on duty time. but not for vacation 
time. Shift prenlium shall be paid on an hourly basis as follows: 3:00 PM to 1 1: 00 PM - $1.00; 
11.00 PM - 7100A M - $1.50. 
F) Education: The Town agrees to pay for the cost of registration and books for any 
educational courses as approved by the Town Board and the Chief of Police. Said courses must 
be ~~ndertaltebny  the member of the unit at hislher own expense and 011 his/her own time. For 
reimbursement, the member must attain a passing grade, ~lnlessth e member is prevented from 
passing the course through no fault of hislher own due to sickness or inability to reschedule 
co~lflictingD epartment related job assigments. 
S:\employees'\VPSA!VPSA CONTRACT -2004 draft.doc Page 7 of 21 
The Town shall not be required to pay the costs of courses that are taken in pursuit of a 
degree above the bachelor level. Ln addition, the Town shall not be required to pay the cost of 
more than two (2) courses per year, after such member has accumulated 60 or more hours of  
credit. 
In the event a member leaves the employ of the Town, prior to five ( 5 )y ears of service 
after completion of the college degree, the officer shall reimburse the Town for all moneys paid 
as additional compensation paid pursuant to this subdivision, unless said degree was obtained - 
prior to employment with the Town, then repayment does not apply. As an option, an officer 
may choose to receive $100 the first year, $200 the second year, $300 the third year, $400 the 
fourth year and $550 the fifth year and the incren~enwt ill remain $550 thereafter, as additional 
compensation for obtaining a four year degree. In the event a member of the bargaining unit 
cl~oosesth e second option and terminates employment prior to con~pletingfi ve ( 5 )y ears of 
service after earning a degree, there will be no reimbursement required to the Town. In the 
event that tlie employee does not elect an option in writing. he shall automatically receive $550 
per year in accosdance with tlie first above option. 
8. MEDICAL-HOSPITAL BENEFITS 
A. Prior to December 31,2001. For each member of the unit hired by the Town in 
any capacity before December 3 1,2001, and their dependents, the Town will provide and bear 
the entire cost for all Blue Cross-Blue Shield insurance coverage, including dental coverage, 
which dental coverage shall be limited to the Blue Cross-Blue Shield Plan, plus orthodontics, 
but not including periodontics and prosthetics, or other comparable ins~~ranocre  a substantially 
equivalent p r o p m .  However, any member of the unit who is possessed of a full set of 
dentures may elect to be excepted from the dental plan and may instead receive reinlbursenlent 
from the Tow11 for dental services incurred by him or members of his family in any calendar 
S:\employeesG' ,.VPSA\VPSAC ONTRACT -2004 draft.doc Page S of 2 1 
year up to $125.00. Said elections shall be made at the time the employee is asked to sign up 
for the dental coverase and may be changed only with the consent of the Town and the carrier. 
B.  After December 31, 2001. For each member of the ~miItl lred by the Tow11 in ally 
capacity after December 3 1, 2001, the Town will pay 90% of the premium eq~livalentf or the 
coverage described in paragraph "A" and any amount above the employee cap described 
herein. No employee shall be required to pay more than 2Oio of their annual salary for the 
coverage described in paragraph "A". 
C. Deductibles. The parties agree that the applicable deductibles for the current or 
equivalent health insurance plan shall not be more than $250 for individual coverage and $750 
for family coverage, and that within the paid provider network of Blue Cross-Blue Shield there 
shall be a $10 co-pay in accordance with said plan to the extent that said plan is available. The 
parties further agree that there shall be a $ 5  co-pay for generic dmg cost, a $15 co-pay for 
preferred brand drug costs, and $30 for non-preferred brand drug costs. 
D. Amount of Buy-out. All employees of the bargaining unit eligible for the medical 
insurance buy-out will receive $2,000 annually unless adjusted upward by the Health Care 
Oversight Committee. The Heath Care Overslgl~tC ommittee shall study and report on the 
amount of the Buyout no later than August 31, 2002. 
1 .  Eligibility. A member of the bargaining unit may receive a cash buy-out in lieu of 
receiving medical insurance benefits. To be eligible for the medical insurance buy-out, the 
employee m~lspt rovide documentation of comparable medical health insurance coverage, other 
than insurance provided by the Town of Vestal, and s i p  an appropriate waiver of health 
insuraiice coverage and waiver of liability to the Town. 
S:'\employees\VPSA\VPSA CONTRACT -2004 draft.doc Page 9 of 21 
2. Method of Payment. An employee may choose payment by one of the following 
methods: 
(a) Payment of the buy-out will be made bi-weekly in the employee's paycheck each 
pay period. This would be subject to normal taxes and withholdings. 
(b) Payment of thc buy-out will be made in December of the year for which coverage 
was waived. This will be paid as supplenlental wages subject to nonnal taxes and withholdings 
If the employee's coverage must be reinstated (see Section 8 (D)(3), the buy-out amount will be 
prorated accordingly. 
3. Reinstatement. In the event the employee loses coverage under the alternate 
insurance plan, the employee may resume coverage under one of the nledical insurance plans 
made available through the Town. Coverage will begin on the first of the month immediately 
following the employee giving notice, provided the employee gives such notice at least five 
business days prior to the first of the month and meets all eligibility requirements of the 
insurance plan. 
9. DISABILITY INCOME BENEFITS, SICK LEAVE AND ACCIDENTS 
The tenn disability as used in this paragraph means an employee who is unable to work 
due to illness or injuly for which he is not eligible for Workmen's Compeilsation insurance 
benefits. The Town will carry disability insurance with 213 pay with a maximum of $800.00 per 
week on each employee for a one-year period, subject to a thirty-day waiting period. In 
addition, the Town will continue the salary or wages in full of the employee during the waiting 
period under the disability insurance. In the event that the Town fails to timely process the 
disability claim, the Town will advance an amount equal to the disability insurance payment to 
the employee on any day until the employee begins to receive regular checks from the insurance 
company on at least a monthly basis. Any amounts so advanced shall be reimbursed by the 
I 
S:'\employees\VPSA\VPSA CONTRACT -2004 draft.doc Page 10 of 2 1 4181'2004 
employee from the disability insurance proceeds. The Tow11 of Vestal reselves the right to self 
insure above the $600 benefit level. 
An employee, when returning to work, shall present a physician's certificate that helshe 
was ill and unable to work if helshe missed two days or more of work. The Chief of Policc, the 
Supelvisor, or thc Town Board may require any employee to present such physician's certificate 
upon retunling to work even if the einployee was absent from work less than two days if there 
is a reason to question the legitimacy of said absence. The Chief of Police, the Supervisor or 
the Town Board may require the employee to submit to an examination by a physician to be 
chosen by the Town, and at Town expense, to determine whether the enlployee is physically 
capable of worlcing. 
Any employee who suffers an injury resulting from an accident which occurs during the 
performance of hisll~era ssigned duties shall receive hisllier regular salary from the Town to the 
extent provided by statute, and Worker's Compensation benefits for the statutory period shall be 
assigned to the Town and deposited in the account from which the employee's salary or wages 
are paid. 
10. SHIFT SCHEDULING 
The Shift Schedule shall be set forth by the Chief of Police. 
1 I. COMPENSATORY TIME POLICY 
A) A member may, but cannot be required to take, compensatory time in lieu of overtime. For 
each hour of overtime, including, but not limited to, the mandatory three (3) hours overtime for 
being called in fi-on1 off-duty, a member shall be pemiitted one and one-haif (1 li2) hours of 
compensatory time. 
B) A member electing to take compensatory time in lieu of overtime pay, shall do so by 
submitting the election to hisher Shift Supervisor on a fornl authorized by the Chief within 
twenty-four (24) hours after the overtinle is incurred. 
S:\employees\,VPSA\VPSAC ONTRACT -2004 d r a f t d o c  Page 11 o f 2 1  
C) Compensatory time shall be recorded by the Shift Supervisor and be readily accessible to 
each officer. 
D) Compensatory time off must be requested and authorized by the Shift Supervisor in advance 
of its use. 
E) No more than forty-e~gh(t 48) hours of compensatory time may be accumulated at any time. 
F) Twenty-foul- (24) hours notice to cancel coinpe~isatoryti me must be given unless waived by 
the Chief or 111s designee. 
G) Coinpensatoiy time off will be scheduled on a first come-first serve basis, with any conflicts 
being resolved by seniority. 
H) A member may use forty-eight (48) hours of compei~satoryti me consecutively if the 
minimum staffing level is met. 
I) Vacation time will take precedence over conlpensatory time off in every case. 
J) If vacation time causes another offices to have hisher previously scheduled compeimttory 
time off to be canceled, then the vacation time submitted may not be canceled for any reason. 
K) Accumulated compensatory time may be carricd over to the next calendar year, with no 
more than forty-eight (48) hours being accumulated at any time. 
L) ,I1 policc ol'fictlr mu?#l -ece~vep ayment in the Inst pay period ol'l)cccmher of each ~txlf-'o r up 
to f;u-t! -eigl~(t 48)h ours ~ j ' i ~ ~ ~ ~ ~ l lclo~m~pelnistattoerdy  tlnle. P q m e n l  shall be at the sate oS pay 
in cl'ikct at thc time oi'p:iynent. To rcceil'e paymcut in the end oSa  calendar ycx. subnms~ons 
hl-p ayment must be made to the comptroller on o r  belore December 1 al'thnt same .ear .  
S:'\smployees\VPSA!VPSA CONTRACT -2004 draft.doc Page 12 of 21 
12. HOLIDAYS, VACATION, SICK LEAVE ,4ND PERSONAL LEAVE 
A) Holidavs: 
All members of the unit shall be entitled to the following paid holidays, or to a day off 
in lieu thereof, if the work sclledule requires the member to work a designated holiday. 
New Years Day 7. Labor Day 
Lincoln's Birthday 8. Columbus Day 
Washington's Birthday 9. Election Day 
Good Friday 10. Thanksgiving Day 
Memorial Day 1 1. Friday After Thanksgiving 
Independence Day 12. Christmas Day 
Any unscheduled holidays when granted by the Town Supervisor to all other employees 
of the Town. Work performed on a holiday shall be reimbursed at straight time compensation, 
B) Vacations: 
All members of the unit shall be entitled to vacation with pay according to the following 
schedule: 
(AS OF 
ALJCIIST31 ST) 
I1 Lcss than 5 1 2 Weeks (10  Days) 11 1 
5 3 Weeks ( 15 Days) 
10 4 Weeks (20 Days) 
20 5 Weeks (25 Days) 11 
S:\employees\,VPSA\VPSAC ONTRACT -2004 draft.doc Page 13 of 21 
All nlembers of tlie unit with less than five (5) years service as of August 3 lSt :  shall be 
entitled to two (2) weeks vacation with pay, provided they have three (3) or more consecutive 
months of service. 
All members of the unit may carry over one (1) week's ( 5  days) vacation from any year 
to the next calendar year. 
Prior to January 1st of each year, each member of the bar,oaining unit shall subniit two 
(2) blocks of five (5) days proposed vacation for approval by the Chief of Police or his 
designee. A11 approval shall be based upon seniority and will be finally committed no later than 
January 15th. Should a member's request be denied based upon com~nit~neonft  the days to a 
senior officer, the member shall be informed of those bloclts of five (5)  days for which the 
member may, within two (2) working days of said notice, resubmit a block request and be 
ganted same, with the same force and effect as if the original request had been granted. Should 
the member fail to resubmit within the two (2) day limit, the member will lose seniority for his 
two (2) weelts. 
It is the intent of this paragraph that each member, regardless of seniority, will know by 
January 15th of each year at least two (2) weeks of vacation he can plan for without being 
bumped by a subsequently submitted request for vacation by a senior member. 
At their option. bargaining unit members shall wave  their two week blocks of vacation 
by not timely subn~ittingth eir request for a two week protected vacation. 
Vacations submitted for approval from January 1s t - March 3 1s t will be approved based 
on seniority. Vacation submitted after March 31st will be approved based on date of vacation 
sllp and seniority will not apply. Blocks of five ( 5 )d ays will take priority for vacations 
scheduled fi-om January I st to March 3 1 st. The Chief of Police will continile to have tlie right 
to approve or disapprove vacations by individual shifts when deteimining seniority and 
available manpower. 
S:\employees\VPSA\VPSA CONTRACT -2004 draftdoc Page 14 of 21 
Once approval is given, the member shall not be required to change his vacation schedule 
except for an emessency. 
C) Personal Leave: 
All members of the unit shall be permitted a maxilnum of four (4) days per year 
persollal leave for death or serious illness in the immediate family, or grievous domestic 
problems. Grievous domestic probleins shall be defined to mean only court appearances 
relating to domestic problems of a member of the bargaining unit. hmedia te  family shall 
include only the following persons and no others: spouse, mother, father. brother, sister, 
children, parents-in-law, grandchildren and grandparents. The Chief of Police may at his 
discretion grant additional leave time and shall approve leave time pursuant to this paragraph 
ol'co~npc'nsatoryt i i r x  shall sin~il;lrlyb e ci-edited h r e mployees whi! LIW only  one (1 j sick leave 
day in a calendar year. Employees \vho use no more than l\vo (2 )  sick leave clays in 3 calendar 
Any other :~nct l i~ r~hseirc k leavc benelils - refer lo Articles 8 and 9. 
E) FamiIv Leave 
The Town Agrees to adhere to the tenns of the Family Leave and Medical Act as 
amended. 
S:\employees\VPSA\VPSA CONTRACT -2004 draft.doc Page 15 of 2 1 4/8/2004 
13. RETIREMENT PLAN 
A) All members of the bargaining unit, and the Chief of Police, will be covered by the 
Retirement Plans described in, and identified as Section 384-d and Section 375-i, of the I 
Retirement and Social Security Law of the State of New York. Such plan will be fully paid for 
by the Town. 
B) Employees hired prior to June 30, 1973 shall have their benefit based upon their highest 
year salary in accordance with Section 302 (9) (d) of tlie Retirement and Social Security Law of ( 
the State of New York. 
C) At the full cost to the Town, all past, present and future retil-ees of the Bargaining Unit, I 
including the Chief of Police, for tl~emselvest,h eir spouse and dependent children under the a,oe 
of 19 ycars of age, shall be entitled to the same medical coverage and prescription benefits with 
the same deductible as other current members of the bargaining unit until age 65, at which time 
the policy will be converted to Medicare extended coverage. No dental insurance shall be 
provided. The Town shall provide, at its own cost and expense, insurance for a spouse and 
dependent children for one (1) year after a member's death unless the spouse has comparable I 
covera,ae at no expense to tlie spouse, and after said one (1) year, coverage shall continue to be 
available with family or individual insurance coverage at tlie spouse's expense. In tlie event a 
retired member of the bargaining unit is subsequently en~ployedb y an employer providin,o I 
health insurance coverage to its employees whicli has comparable benefits as the Town's policy, 
the retired employee shall apply for and obtain such coverage, and tlie sole obligation of the 
Town shall be to pay for any contribution to the plan required by the subsequent employer. I 
The retired employee will not he required to make any contribution to such plan. If the Town 
elects to continue its own coverage for said employee, the retired employee shall not be 
required to apply for such coverage. The Town shall also reinstate tlie employee, spouse and I 
dependent children to the Town's policy after receiving reasonable notice that the einployee will 
be tenninated fi-om tlie subsequent employer's coverage so there will be 110 lapse in coverage, 
no waiting period and no waiting period for preexisting conditions 
S:\employees'\VPSA'\VPSA CONTRACT -2004 draft.doc Page 16 of 2 1 4/8/2004 
14. GRIEVANCE PROCEDURE 
The Grievance Procedure proposed is attached hereto as "Exhibit A". 
15. REMOVAL AND/OR OTHER DISCIPLINARY ACTION 
After original appointment, and for a period of not less than twelve (12) weeks nor more 
than fifty-two (52) weeks following the effective date thereof, a person appointed to the 
position of Sergeant, Lieutenant or Captain for the Town of Vestal will serve as a probationer, 
subject to removal w~thouta hearing, during or at the end of the probationa~yp eriod, if. in the 
opinion of the Chief, his/her conduct, perfoimancc of duties, l~ealtho r physical condition is not 
satisfacto~y. 
Upon a satisfactoiy completion of the probationary period a member must successf~~lly 
complete, within the prescribed time limit, the mandatory Police Supervisor course prescribed 
by the Municipal Police Training Council bcfore being a permanently appointed Sergeant, 
Lieutenant or Captain. 
Any discipliilary action involving pcimlanently appointed Sergeant, Lieutenant or 
Captain in this unit shall be processed in accordance with Sections 75 and 76 of the Clvil 
Service Law. 
16. LIFE INSURANCE 
The premium for t e m  life insurance in the amount of Twenty-Five Thousand Dollars 
(S25,000.00) will be paid by the Town for all rneinbers of the bargaining unit. Newly hired 
employees shall become eligible for such life insurance coverage not later than after six (6) 
months of Town employment. 
Upon retirement all members of the bargaining unit shall be provided a death benefit 
of $5,000 to be paid in full by the Town, if, at retirement, the member of the bargaining unit has 
been employed by the Town for more than ten ( I  0) years. 
S:\,en1ployees\~V1)SA\VPSAC ONTRACT -2004 d r a f t d o c  P a g e  17 o f 2 1 
17. ADDITIONAL BENEFITS 
A) The Town shall pay to each officer the sum of $700.00 (retroactive to January 1, 2004) for 
the purchase and maintenance of department authorized unifonns and equipment. Any member 
of the ~mita.  t his ow11 discretion, may allocate such portions ofthe allowance to either dry 
cleaning or purchasing new unifonns or accessories. Each member shall provide 
documentation with receipts of all purchases to the Chief of Police or his designee by January 
15"' of the year following. The receipts will then be forwarded to the business office who will 
issue a check for the upcoming year in a timely manner. Any unused portion shall be repaid in 
the fonn of deductions from the following year's uniform allowance check. Effective May 15, 
2002, in the event of retirement, the member authorizes the Town to deduct any unaccounted 
unifonn allowance from his final pay. These provisions are included herein in order to conlply 
with all LRS regulations for an accountable plan. 
B) The Town agrees to allow two (2) delegates from the unit to be sent yearly to the VPSA 
convention. The tiine spent at the convention shall not exceed four (4) days, and any time so 
spent shall not be deducted from personal leave, sick leave or vacation tiine. 
C) The Town agrees to allow any member of the negotiating committee to be allowed to attend 
a bargaining session. The Police Chief will be required to schedule a member's hours so as not 
to conflict with the bargaining session except in an emergency. 
D) The Town agees  that if any member of the unit is required to lose tiine from work, up to a 
maximum of two weeks, as a result of military summer training outside of Broome County, 
then said time shall not be deducted from vacation time and that the member shall receive his 
~-egulas~al-a ly while attending summer sessions, less any money received fi-om the military 
authority for said summer military training. 
E) Any accunlulated pro-rated vacation pay shall, in the case of a mcmber's death, be paid to 
the s~~ iv iv inspgo use or the decedent's estate within thirty (30) days of the ternlination of the 
mei~lberd ue to death. 
S:!empIoyees',VPSA\VPSAC ONTRACT -2004d raft.doc Page 18 of 21 4/8/2004 
F) Any men~beor f the unit who leaves Town employment after completing over twelve (12) 
consecutive months of employment and later returns to Town employment may add the prior 
and current periods of enlployment for determining vacations entitlement. 
G) At the discretion of the Chief of Poiice, the Town will reimburse members of the bargaining 
unit for on-duty damage to personal equipment required on the job (i.e. glasses, watches, 
articles of clothing, etc.). Members are required to present damaged perso~lapl roperty to their 
supervisor as soon as practical 
H) Travel Expense 
1 )  Meal Expense: Reimbursement for meal expense shall not exceed the lesser of the anlount 
actually spent, or according to the following schedule: 
Breakfist $ 6.00 
Lunch 8.00 
Supper 21.00 
Daily Maximum $35.00 
If the employee is entitled to be reimbursed for more than one meal, then any amount 
not expended for one meal may be added to the expense incurred for any other meal or meals 
for the same day for which he is entitled to reimbursement, but the total for all meals shall not 
exceed the combined limits for said meals as set forth in the schedule above. 
The employee must furnish receipts for expenditures. The employee will be entitled to 
reimbursement for breakfast if the travel requires him to leave his home prior to 7:00 A.M., or 
if the travel prevents him from returning to his home on the prior night. The employee will be 
entitled to reimbursement for supper if the travel prevents him from returning to his home by 
6:00 P.M. on the day of his return. 
Except as otherwise authorized or approved by the Department Head or his designee, 
the employee will be entitled to reimbursement for I~mchif  
(a) the travel is 25 miles or more from the Town 
S \employees\VPSA\VPSA CONTRACT -2004 draft.doc Page 19 of 21 4/8/2004 
.->- - .-- -- 
(b) the travel is less than 25 iniles from the Town and the employee is requested to attend a 
scl~oool r insti-uctional/trainii~g/q~ialifsyeisis~i on, wlicll meets for three or more consecutive 
days; or 
(c) as otherwise permitted at the discretion ofthe Departnlent Head. 
2) Mileage: The Federal rate per mile will be paid when an employee fiimishes an auto for a 
trip authorized by the Department Head for his travel, regardless of the distance of the trip. 
3) Travel is defined as leaving the borders of the Town of Vestal. 
I) Weapons Qualification: All members shall have the opportunity to meet the necessary 
qualifications to fire all weapons (ie, pistols and shotguns) twice a year. 
J) Gvmnasium and Exercise: The Town sliall continue providing an appropriate shower 
facility and a suitable space for the gynnasium and exercise equipment previously purchased 
for the benefit of the VPSA and its members. 
K) Training: Each member subject to this agreement shall be provided with a minimum of 
forty (40) hours per year of training each year, including training and/or recertification on radar 
and Breatl~alyzer/htoxilyzera,n d including firearms training and qualification. Unless 
specified by New York State regulations to require a certified instructor, all training may be 
conducted by a qualified instructor designated by the Chief of Police. In the event a member is 
~ulavailablef or training sessions due to vacation, siclu~essi,n jury or job related injury, then the 
police department shall be relieved of providing the full amount of the training providcd herein. 
L) VPSA Officers: The Town agrees that the President of the VPSA or his designee (Vice 
President or Secretary/Treasurer) shall be ganted a leave of absence without loss of pay, not to 
exceed ten ( 1  0) days per year to attend VPSA business on local or state level, which includes 
meetings and conferences for their organization, or to attend educational conferences in which 
their organization participates or wllich their organization sponsors. or any like functions 
(excluding annual convent~on)s ubject to management approval to inaintain manpower status. 
M) Counseling: Each member of the bargaining unit shall be entitled to participate in the 
counseling services offered by Ernployec Nctwork, Lnc., with the Town paying the cost of said 
S:\,ernployees\VPS&\VPSA CONTRACT -2004 draft.doc Page 20 of 2 1 4/8/2004 
counseling, in accordance with the medical plan provided for in Section 8 of this ageement, 
administered by 1-Jpstate Administrative Services, Inc.. 
18. AMENDMENTS 
No additions to, deletions from or other alterations of the teims of this Agreement shall 
be effective unless and until the same be in writing and subscribed to by the parties hereto. 
19. LEGISLATIVE ACTION ON AGREEMENT BETWEEN TOWN AND V.P.S.A. 
It is hereby agreed by and between the parties that any provisions of this Agreement 
requiring legislative action to perniit its implementation by amendment of tlie law or by 
providing tlie additional funds therefor shall not become effective until the appropriate 
leg-islative body has given approval. 
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and 
year first above written. 
TOWN OF VESTAL 
/-? 
~ I BIELLEC KI, DEPUTY SUPERVISOR 
VESTAL POLICE SUPERVISORS ASSOCIATION 
S : \ ~ ~ I ~ ~ O ~ ~ ~ S ' , V PCSOAN\TVILP4SCAT  -2004 draft.doc Page 21 of 2 1 it1812004 
As used hergin, the following terms shall have the following meanings: 
a. "OEcer" snall mean any person duectly employed and compensared by the Town of Vestal 
as a police o5cer who is covered by the Collective Bargaining Agreement between the Town of Vesral 
and thcYestal Police Supervisor Association (ST'S-4). 
b. "Grievance"  shall mean any claimed violation, misintqretzion or inequitable application of 
the existing laws, r u l ~ sp,r ocedures, regulations7 a d ~ s t r a t i v oer ders or work d e s o f the Town of 
VestaI or a department or agcncy thcreof, which relate to or involve employe:: health or safety, physical 
facfiines, materials or equipment fmiished to  employees, or supervision of employees; provided, 
however, that such term shall not include any matter involving an employee's rate of compensarions, 
retirement benefits, disciplrnary proceeding or any other matter which is otherwise reviewable pursuant 
to law or any rule or regulation having the force and eEect of a lm. 
c. "Immediate Supervisor" shall mean any person, regardless of titk, who is z ss iped  to 
exercise any level of sup~,rvisor~y esponsibilityo ver an employee. 
d. "Days" shall mean all  days, other than Saturday, Sunday and legal holidays. Saturdays, 
Sundays and legal holidays shall be excluded in computing the number of days within which action 
must be taken or notice given within the tern of this agreement 
2 .  FXRST STAGE: 
Within ten (1 0) days fiom the dzte of the occurrence of the event or action prompting the 
-gr ievance, or within ten (10) working days after the police officer (s) become aware of or should have 
become aware of the event or action prompting the grievance, the grieving ofricer, the VPSA President 
or his designee shall meet with the Chief of Police or his designee to discuss and attempt to resolve the 
grievance or dispute. Notice of the grievmce shall be in writing md submitted at or before the time of 
said meeting. The mswer of the Chief of Police shall be submitted to the VPSA i n  writing not more 
than ten (1 0) working days after said meeting. 
3. SECOND STAGE: 
If the grievance or dispute is not resolved at Stage One, i i  may be subrnitt~db y the VPSA 
President or his designee to the Grievance Board ~ i t h i inm  (10) days afier the date of the decision in 
Stzge One for determination in acc~rdancex ith the following procedure: 
a. The appeal shd1 be t&eo by submining 10 the Gnevance Board a written statement signed 
by.the employee taking the aA ~A ~ e a dld,r essed to the Supervisor of the Town oiVesral, containing: 
1. Tine name and residence adbess of the grievant. 
2. The name, residence addrcss and o-her employee or officer involved in the 
-z ievance. 
3. The -name and adcirzss of the  _grievant's representative, if any. 
4. A concise statement of the nature. of the grievance: the facts relating to ii, and the 
proceedings up to thz time of appeal. 
5. A request for a review of the decision of the department head. 
b. Make-up of the Grievance Board. The Grievance Board shal! consist of five (5) members as 
follows: 
Within three (3) days of receipt of the appeal, the Supervisor of the Town of Vestal shall 
appoint two (2) members of t h W~  S,4 and two (2) members of the Town Board, excluding 
those members invohed within the specific grievance. Sirnultaneousiy, the Supervisor s'mll 
submit a list of five names t o  the four members of the Employees Grievance Board. Wi-Lhin 
three (3) days of said submission, the two (2) Town Board members may strike one name from 
the list and the two (2) VPSA members may strike one (1) name from said list in writing to the 
Supervisor. The Supervisor shall, witkin five (5) days of receipt of the names stricken, choose 
one of the 'bee remaining names to be the fifth member of the Grievance Board and 
henceforth, the Board shall be considered duly constituted. The Chairman of the Grievance 
Boxd  shall be a member of the Town Board who shall be appointed by the Supervisor and 
shall be responsible for scheduling b e h earing. 
c. The Grievance Board, through its Chairman, may request the Chief of Police to submit a 
written statement of facts to the Board, together with a copy of any other record or document used by 
the Chief of Police of his designee in making his decision. Such written statement shal! be submitted 
wirhin five ( 5 )  days requzst by the Grievance Board. 
d. The Grievance Board shall hold a hexing within fifteen (15) days after become duly 
cons:ituted. It s'aall give at leas: five ( 5 )  days notice of the time and place of such hearing to the officer 
and his repesentative, if any,t he VPSA President and the Chief of Police or his des igee ,  all of whon 
shall be entitled to be present at the hearing. 
e. The hearkg on the appcal shall b: held in privare or public ZE requested by the employee 
claiming a grievance. 
f. New evidence, testimony or argument as well as any documents, exhibits or  other 
iqfoimarion submitted to the Poiice Chief or his desi~neep rior to tha, su5mission to the Grievance 
- Board, may be introduzzd a t d x  he~%-gb y anyone emitledto attend and participate in the hearing or 
uponthe~equesro f the Grievance Board or any member thereof. 
g. The hearing may be adjourned from time to time by the Grievance Board if. in its j u d b t n t ,  
such adjournmznt is necessay in order t o  obtain material evident:. The total of all such adjoummentc, 
however, shall not exceed ten (1 0) days, excqt  that ad..ournmznts consentzd to by both the emiloyee 
andthe deparunent hzad shall nokbe counted:in deterrniningthe total days of adjournment as herein 
limited. 
h. The .Grievance Board shall not be bound by formal rules of evidence. 
i. A written summary shall be kept of each hearing'held by the Grievance Board, unless either 
parry shall request a full stenographic transcript of the hearing, in which case the Grievance Board shall 
make arrangements for same and the-party requesting such transcript shall be responsible for paying 
the fees of the stenographer. The parties thereafter (those being the employee and the Town of Vestal) 
shall divide the cost of .transcribing the transcript of the hearing, should the same become necessaiy. 
j. The Grievance Board shall make its report In writing within ten (1 0) days after the close of 
the hearing. 
k. If the Town of Vestal fails to comply with the foregoing limitations of time, the relief sought 
by the employee shall be granted; if the VPSA or ofiicer f d s t o comply with the foregoing limitations 
of time, the grievance shall be deemed abandoned or settled upon the Town's last answer. 
The decision of the Grievance Board may be disputed by either party. The moving party shall 
have t?xrty (30) dzys from the date of receipt of the Grievance Board's decision to serve written norice 
of its intent to submit the dispute to binding arbitration and such arbitration shall be governed by the 
rules of the NYS Public Employees Relations Board, and the decision of the arbitrator shall be binding 
on both parties.