RESOLUTION
TOWNSHIP OF FRANKLIN
AUTHORIZING MAYOR AND/OR HIS DESIGNEE TO EXECUTE EMPLOYMENT AGREEMENT MEMORIALIZING THE FINAL YEAR OF SERVICE OF CHIEF OF POLICE MICHAEL DIGIORGIO
R-82-2009
WHEREAS, the Township of Franklin has appointed Michael DiGiorgio as Administrator of the Township of Franklin; and
WHEREAS, it is necessary to document the final year of Michael DiGiorgio’s employment with the Township of Franklin as Chief of Police for retirement purposes; and
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Franklin, County of Gloucester, State of New Jersey that the Mayor and/or his designees are hereby authorized execute the employment agreement between Michael DiGiorgio and the Township of Franklin as Chief of Police, attached hereto and made a part hereof.
ADOPTED, at a regular meeting of the Township Committee of the Township of Franklin on Tuesday, March 24, 2009.
ATTEST: TOWNSHIP OF FRANKLIN
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CAROLYN K. TOY, CLERK JOSEPH C. PETSCH, MAYOR
CERTIFICATION
I, Carolyn K. Toy, Clerk of the Township of Franklin, do hereby certify that the foregoing Resolution was presented and duly adopted by the Township Committee at a meeting of the Franklin Township Committee held on Tuesday, March 24, 2009.
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CAROLYN K. TOY, CLERK
EMPLOYMENT
AGREEMENT BETWEEN
MICHAEL DIGIORGIO
AND THE
TOWNSHIP OF FRANKLIN
1. Employment: The Employer employs the Employee and the Employee accepts employment upon the terms and conditions of this Agreement as well as the statutes of New Jersey and the ordinances and policies of the Township of Franklin in effect now and as modified by statute, ordinance or policy in the future.
2. Term: This Employment Agreement sets forth the terms and conditions of the Employee’s employment with the Township during the period January 1, 2009 to December 31, 2009. In the event that neither termination procedures nor a new agreement is executed by December 31, 2009 this agreement shall continue in force and effect from year to year thereafter until a new agreement is reached.
- Compensation: For all services rendered by the Employee, the Employer shall pay the Employee an annual salary as outlined below:
January 1, 2009 = $107,121.35 (3.7%) annual base salary payable every two weeks in 26 equal installments. The employee shall receive a four (4) percent annual base salary increase on January 1st. The employee is eligible for third party overtime only at his overtime rate (annual salary plus college incentive divided by 2,080 and multiplying by 1.5).
Annual Plain Clothes Allowance: $1,150.00
Incentive Pay for College: $1,050.00
4. Duties: The duties of the position of Chief of Police are as defined in NJSA 40A: 14-118 and the Township of Franklin Police Rules and Regulations. The Employee's duties are delineated in the job description and shall include such other duties and responsibilities as the Township Administrator and/or the Township Committee shall formally designate from time to time.
5. Personal Days: The Employee shall be entitled to five (5) paid personal days per year; personal days must be approved at least one day in advance by the personnel committee. Personal days are not cumulative in nature and will only be carried over at the discretion of the Employer.
6. Sick Days: The Employee shall be entitled to twelve (12) paid sick days per year. Any earned sick leave not utilized in a calendar year shall accumulate to the Employee's catastrophic sick leave bank. The Employee shall be permitted to sell back up to ten (10) unused sick days accumulated per year. The Employee shall not be reimbursed for earned unused sick leave at the time of resignation or termination of his employment. However, an employee who retires from his employment in accordance with the provisions of the then applicable pension program will be entitled to payment for accumulated unused sick time on the following basis:
a) Maximum number of sick days permitted to be sold is 60.
7. Death Clause: In the event of the Employee’s death while serving on duty for the Township of Franklin Police Department, or while in the performance of his duties as the Chief of Police, the Township of Franklin shall pay to the beneficiary designated by the Employee his full salary for a period of six (6) months, the employees catastrophic sick bank time will be paid out after this six month period along with all earned and unused sick, vacation and compensatory time.
8. Disability: The Employer will contribute to the New Jersey State Disability Fund on behalf of the Employee.
9. Vacation Days: The Employee shall be entitled to twenty (20) vacation days per year. Vacation days shall be earned by the employee commensurate with time served and shall not be available for use until earned. The Employee shall be permitted to sell back up to eighty (80) hours of vacation time per year. Employee must obtain prior written approval of vacation days prior to scheduling.
10. Medical Examinations: The Employee shall undergo at the Township’s expense a complete medical examination including a drug test once each calendar year by a physician or panel of physicians designated by the Township of Franklin. When available, the Employee shall receive the vaccination against Lyme Disease and Hepatitis C. In addition to the basic medical examination, all members who are forty (40) years of age or older shall have a stress test at the expense of the Township of Franklin if not covered by the medical plan. If a stress test is suggested by the examiner during the medical examination, said expense shall be borne by the Township of Franklin if not covered by the medical plan.
11. Medical Benefits: The Township of Franklin will provide medical insurance coverage, including pharmaceutical coverage, to full-time Employee and eligible dependants in accordance with the following premium cost sharing provisions:
a. Family coverage: The Employee shall pay five (5%) percent of the monthly premium charged to the Township of Franklin
b. Husband/Wife: The Employee shall pay five (5%) percent of the monthly premium charged to the Township of Franklin
c. Parent/Child: The Employee shall pay five (5%) percent of the monthly premium charged to the Township of Franklin
d. Single: The Employee shall pay five (5%) percent of the monthly premium charged to the Township of Franklin
e. The same percentage of premium cost sharing shall be due from the Employee in the event the Township of Franklin self-insures. In such event, the Township of Franklin will calculate a premium equivalent for each of the coverage categories (family, husband/wife, parent/child and single).
The Employee share of premiums, set forth above, shall be reimbursed to the Township of Franklin by way of pre-tax payroll deduction.
The Employee Co-Payments for prescription drugs shall be: $10.00 for generic prescriptions and $15.00 for brand name prescriptions. Effective January 1, 2010, the prescription co-payment shall be $10.00 for generic prescriptions and $20.00 for brand name prescriptions.
The Employee Co-Payments for medical shall be: $15.00 for each office visit and $25.00 for emergency room visits. Effective January 1, 2010, the medical insurance co-payment schedule shall be $20.00 for each office visit and $25.00 for each emergency room visit. Any other co-payments charged by the plan shall be reimbursed by the Township of Franklin.
Effective June 1, 2008, Delta Dental Preferred Program shall be offered to the Employee and their family members, which includes but is not limited to, $2,000.00 calendar year maximum per family member, with the full cost of the program paid for by the Township of Franklin.
Eyewear Plan: The Township of Franklin will pay eighty (80%) percent of what the medical insurance does not cover for prescription eyewear.
The Township of Franklin reserves the right to change plans or carriers or to self insure as long as the benefits are substantially equal in the aggregate. Whenever a change is anticipated, the Employee shall be so informed and shall have the right to state his view.
Employee Opt-Out: The Township of Franklin agrees to allow employees to opt out of the health insurance plan in return for cash reimbursement with the amount established by the Township of Franklin, with bargaining unit members reimbursed the same amount as reimbursed to all employees of the Township of Franklin. In 2008, this amount is $3,700.00, and if the Township of Franklin votes to increase this opt-out benefit for unrepresented employees, there will be an automatic increase to that amount for the employee. The cash reimbursement will be paid out in an end of the year payment. The employee must make a request in writing along with proof off the other insurance, by the first pay period in December of the year preceding the proposed election. However, the employee who meets the statutory requirements will be permitted to opt-in or out during the calendar year, with any opt-out payment being prorated accordingly. Health insurance opt out payment will be issued in a check separate from the employee’s normal payroll check in accordance with the employee’s IRS Form W-4.
Flexible Spending Account: The Township of Franklin agrees that the Employee is eligible to participate in the Township of Franklin’s Flexible Spending Account 125 Plan in accordance with the terms and conditions of the Plan, a copy of which will be provided to each employee annually. The Employee premium cost sharing payments as required under this Plan shall be made on a pre-tax basis, through a payroll deduction, under the Township of Franklin’s Flexible Spending Account 125 Plan.
Retiree Medical Benefit: Effective January 1, 2009, The Township of Franklin will provide a retired officer who has a minimum of 25 years of credited service with the Police and Fire Retirement System (PFRS), with continued health insurance and prescription coverage for the Employee and spouse at the Township of Franklin’s expense, with benefits equal to those of active officers. Both the terms of the benefit coverage and the requirements for any premium sharing shall be identical to that of active officers. The Employee and the spouse shall retain such coverage unless the retiree or the spouse obtains comparable coverage from another employer. The coverage shall continue until the employee and/or spouse reaches age 65, at which time Medicare shall become primary and the Township of Franklin’s coverage secondary for the retiree and/or spouse. The retiree shall have the option of purchasing additional coverage for dependants. The cost of such additional coverage shall be fully paid by the retiree. The retiree shall continue to be eligible to “opt-out” of the health insurance plan pursuant to the “opt-out” provision of this agreement. If the Employee suffers a disability which causes termination of employment as a result of a disability retirement, That Employee and family will be eligible for medical benefits equal to that of active officers as provided above.
12. Exempt Employee: The Chief of Police for the Township of Franklin is a management position and as such, the Employee who holds said position cannot always rely on a standard set of hours of employment to effectively meet the responsibilities of that position. Both the Township of Franklin and the Employee understand this premise and agree that the Employee is an "exempt employee" under the "Fair Labor Standard Act" for the purposes of overtime and comp time. Accordingly, the Township and Employee agree there will be no "compensation time" or overtime for work performed by the Employee and the total compensation due the Employee is contained in and in accordance with the terms of this document. The Employee shall devote the time and effort that is necessary for the Employee to fully and faithfully perform the duties and responsibilities of Chief of Police. The Employee agrees to perform at all times faithfully, industriously and to the best of his ability, experience and talent all of the duties and responsibilities that may be required of him.
- The Employee shall not be engaged by and/or be in the employ of any other person or entity during her employment unless the Employee receives advance written approval by the Township Administrator.
- The Employee shall, as required by the Township Administrator, attend various Township functions including, but not limited to:
n Normal duty hours are Monday through Friday 8:00am to 4:00pm
n Tuesday Evening Committee meetings (2nd and 4th Tuesday of the month).
n Special sessions held by Township Committee
n Community Day (the Saturday after Labor Day).
n Any other Community function the Township Committee and /or Township Administrator thinks is appropriate for the Chief of Police to be in attendance (town watch, DARE, etc.).
13. Mileage Reimbursement: The Employer shall assign a Township vehicle to the Employee, said vehicle shall be used for the purpose of traveling to and from the Township or for any other Township related business necessary for the effective and efficient execution of the Employee’s duties and responsibilities. Whether a particular use of the Township vehicle is for “related business” under this agreement shall be determined by the Appropriate Authority. The Employee agrees, if and when it is necessary, to utilize his personally owned vehicle (POV) for such related business use. The mileage reimbursement for related business use of the employee’s POV will be in accordance with the Internal Revenue Service Code, Section 162, Mileage Reimbursement Allowance Rate, and future adjustments made thereto. “Related Business Use” and when it is necessary shall be defined by the Appropriate Authority.