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2018-10-15Town of Wappinger Special Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, October 15, 2018 7:30 PM Town Hall Call to Order Supervisor Richard Thurston called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Pledge of Allegiance III. Public Hearing 1. Motion To: Open Public Hearing on Community Development Block Grant For Spook Hill Scott Williams explained that back in July, the town and village applied for funding from NY State Park for Bain Park in the village and for Spook Hill Park which if accepted includes 75% paid for by the grant and 25% paid by the municipality. This grant is an opportunity by Federal funding administered by Dutchess County that would pay for the 25% contribution by government. There is no downside to applying for this grant. With this grant, we could cover many things that are not included in the original grant. If this grant came through in the absence of the first grant, we could use the funds for parking, etc.. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Hearing Town of Wappinger Page I Printed 10/23/2018 Special Meeting Minutes October 15, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Acknowledge Minutes of October 9, 2018 1. Motion To: Acknowledge Minutes of October 9, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz V. Public Portion 1. Motion To: Open Public Portion Donna Lenhardt, a steward with the teamsters, explained the satisfaction with the Teamsters. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VI. Resolution RESOLUTION: 2018-243 Resolution Authorizing The Submission Of The 2019 Community Development Block Grant Application WHEREAS, the Town of Wappinger is participating in the 2019 Dutchess County Community Development Block Grant Consortium; and Town of Wappinger Page 2 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 WHEREAS, the Town Board conducted a public hearing on October 15, 2018 to receive input from citizens and groups regarding the Dutchess County Community Development Block Grant; and WHEREAS, an application has been prepared in accordance with the concerns of our community. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby approves the 2019 application to the Dutchess County Community Development Block Grant Program for the Town of Wappinger, including the certifications therein. The Town Board hereby authorizes the submission of the application to the Dutchess County Department of Planning and Development. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-243 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 ................... El .................. ❑ ..... El Defeated William H. Beale ..................Voter D .. ❑ ......,........ ❑.... ❑ ❑ Tabled fteiaBettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn RobertJohnston ....................... Seconder ............... D ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York October 15, 2018 The Resolution is hereby duly declared Adopted. VII. Budget Discussions 1. Justice Court Supervisor Thurston explained that there were no other changes to the justice budget based on conversations with the Court Clerk. 2. Accounting Fredrick Awino started with line number A1315.100 where he added $2 per hour to 2018 and $0.60 to 2019. Line A1315.101 added an additional full time person at $20 per hour. Line A1315.104 shows the change in duties of this position. Line A1315.199 is available for comp time should additional functions be performed. Comp time will be paid in cash not time. Line number A1315.104 current rate is $20.30 to increase $1.60 to $21.90. Councilman Beale questioned the spending of $12,000 to paychecks that an employee could do. 3. Tax Receiver Tax Receiver Lee Ann Freno addressed the board A1330.100 was increase by 4%. Line A1330.200 was decreased to $18,200. Line A1330.400 is an increase due to software. Town of Wappinger Page 3 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 4. Assessor Assessor Harkins came to explain that the salary increases were subject to the approval of the Teamsters contract. 5. Animal Control Supervisr Thurston explained that the A1335.100 included a dog enumeration program. The other line items showed little changes. 6. Water and Sewer Districts and Improvement Areas & Drainage Districts Mike Tremper of Camo was not available and would be at the October 22th meeting. 7. Town Clerk Town Clerk Paoloni prepared a PowerPoint presentation that explained Value and Cost of Town Clerk services and all the many duties of the Town Clerk's office and interactions with other departments such as with Code Enforcement receipts, Dog Licenses, Registrar duties, etc... The attached slides list Wappinger Town Clerk duties, the historical costs of the Town Clerk's office which excluded registrar benefits, and a comparison to the town of East Fishkill. Town Clerk Paoloni also demonstrated that 35% of residents use the recycle center, far more than any other community service. He added that 55% of all the 7,016 transactions are recycle center related. He said that with their current accurate database that providing a Free Re -Cycle center would allow for mailing free resident permits at the beginning of the year as a compromise to not having a bulk pickup which would avoid spending $197,000. He proposed that there would be no extra charges. The lost revenue in foregoing ALL re -cycle center revenues for a free re -cycle center program would be only $56,000 to the resident taxpayer offset by the savings of not having a bulk pickup. This would result in a $0.03 reduction in the town - wide or A -fund tax rate, a win-win for everyone. The Town Clerk explained that a second deputy would be required by NY state law for the additional duties that would be imposed by the Town Board to the many Clerk duties for the Dog Enumerations that would triple the dog license permits each year, weekend hours, and improving the record scanning of historical document into Laserfische. He added that Town Clerk's Office of 2 people are a fraction of what they were in the town of Wappinger in the late 90's where there was no recycle center transactions and as many as 5 employees. The board also discussed, 'Publically', registrar compensation afforded to registrars by NY state law. Attachment: Town of Wappinger Page 4 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 Duties of the Town Clerk OffiCE Generof By- La • Attend Town 1Boaird Meetings • Recording, Tra nscri bing, Publiish i n g and Archiving ng Towin Board IMiiinutes, • Ciusto&ain of Town Records • Coordinating Records Management • Researching, Locating and Providing any and all requested docurneints for to* employee -sand professionals. • Local Lava Activities • Management of Town ILaws aind Ordinances • Filing Officer • Maintain the Signboard • N,citification of Appointment Of IP'Liblic Officers • N,citification of Vacancies • Duties (Regarding B oa rd of Assessment IRevew • Organizing theAnnual Records Management IDay' • Boin&ng Activities working with Bond Council • Duties (Regarding Written Notices, Rscai Duties Managing of ALL towns funds from, all departments excluc-I'ling'Taxes, Justice, and Grants. & Plroceissi'ng Funds and Closing Books If Reporting of Payments and processing payments to Town, Accountant, DEC, Department of (Health, State, Comptroller, Ag and Markets, etc... a, Budget Activities Office Duties • M a nagingthe IEquiglprmfent and Supplies for the Clerk's Off ic • Licensing - Marriage,, including historical transcripts • Death records, burial transit permits, M&Iuding historicall tr • Corrections, with the state for Death and Marriages, • Birth irecords, including historical transcripts • Genealogy Searches • Licensing - Dogs, Gamines of Chance, Haw1keirs, and 1312ddllers, Fishing • Garage Salle Permits • Notificatio=n of Liquor Licensing • Processing Rezone Applllications • Managing incoming and outgoing FOILS including record ki Access database Town of Wappinger Page 5 Printed 1012312018 Special Meeting Minutes October 15, 2018 Additional Duties obtained by default in the GbSenfercifother yositions. • Serving as the default Receptionist for all Town Operations, • Serving as the default phone operator re-routing call to appropriate departments • Video Roorn Filming • Repairing 10, year old equipmfent in Video Room • Re-desigin Video, Room, with Cablevision Grant • Slide Show Management: for IPulblhic Access Chaninells • Managing Video Roorn Equipment and ensuring reception of the IPulblliic Access Grant • Managing live meetings on town website through the Media Encoder • Initiating and Managing live meetings coin town public access channels with re -broadcasting. • Managing re -broadcast of'Village meetings on the PulblicAccess, Channels. • M a nagin g the Town Ca 1le n d a r for ALL events Ad&tiona,l duties imposed by the Town Board not reaufned by Law: • Collecting incoming maul—Sorting into eirnployee inboxes • Processing outgoing maill — Stamping, PItney Bowes, Mach, IRegi.stered mail • Managing Postage Machine Funds • Processing Town Board Agenda • Issuing of IPernnairwent and Temporary IHamndiicap Pernnits including processing in the BAS, database repoirting to the state and S,canniing Into Laseirfische • Managing the town website for agendas, rninutes and video • Managing the on-line record access in Laserfische • Managing the on-line Town's Code • Prepares m eeti ng (packets amend e m a i I s to town board rn eirn be r • Issuing, recording, and accept (payments for the annual recycle center �peirmit including replacing for new vehicles • Issuing, recording, and accept payments for the garbage tickets, singte- uise passes, Freon permits, and trainer peirmits 8. Supervisor and Town Board Supervisor Thurston proposed a $4,000 increase for the executive secretary. He added that everything else was stable. He added a Legislative Aid/Paralegal for $49,140. 9. Wrap Up A discussion ensued on health benefits, state revenues, retirement, sales tax revenues, and fund balances. The discussion can be found on the video on the town website. They discussed in an house engineer to offset the retainer fees. VIII. Executive Session - Union Contract and Interviews 1. Motion To: Enter Executive Session Professional Interviews with Morris, K & C Engineering, and Chazen Town of Wappinger Page 6 Printed 1012312018 Special Meeting Minutes October 15, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IX. Resolutions if Time Allows RESOLUTION: 2018-244 Accepting Resignation Of Michael Krisco and Recognizing his 27 years of service WHEREAS, Michael Krisco has submitted his resignation and notice of retirement; and WHEREAS, Michael Krisco has been an employee of the Highway Department for the past 27 years and has served with dignity and reliability; and WHEREAS, Michael Krisco has performed his duties for the Highway Department with great distinction and dedication. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges and reluctantly accepts the resignation and notice of retirement of Michael Krisco and long-time employee of the Highway Department. 3. The Town Board acknowledges that Michael Krisco has served as long-time employee of the Highway Department with great distinction and dedication and wishes him many years of happiness in retirement and commends him for his devoted years of service to the Town. The Town Board requests the Town Supervisor to send a letter formally acknowledging Michael Krisco's resignation and notice of retirement and his many years of distinguished and devoted service to the Town and wishes him all the best in his future endeavors. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-244 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston VoterD El❑ El El Defeated William H. Beale .....................Voter ... D ........,........❑....... ,........❑........,....... ❑ ....... 0 Tabled Angela Bettina ....................... Voter ... .......D ................... ❑ ................ ..... ❑ .................... . ......❑ ..... Fl Withdrawn Robert Johnston ....................... Seconder .......... 0...... . ...... ❑...... ......❑ ............... ..... Next: 10/22/18 7:30 PM Michael Kuzmicz Mover 0 ❑ ❑ ❑ Town of Wappinger Page 7 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 Dated: Wappingers Falls, New York October 15, 2018 The Resolution is hereby duly declared Tabled. RESOLUTION: 2018-245 Resolution Introducing Local Law No. 10 Of The Year 2018, "Local Law Amending Chapter 230 Of The Town Code Prohibiting Parking During The Winter" WHEREAS, the Town Board and the Town Highway Superintendent wish prevent any obstruction or interference with the use of the highways of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls during snowstorms; and WHEREAS, the Town Board and the Town Highway Superintendent wish to facilitate the clearing of snow and ice from such highways and to prevent any obstruction with the operations of the Town Highway Department during snowstorms; and WHEREAS, the Town Board and the Town Highway Superintendent seek to amend the Town of Wappinger Code to prevent parking during the winter months which will alleviate the need for removing vehicles from the Town highways during snowstorms; and WHEREAS, pursuant to Vehicle & Traffic Law §1660 and Town Law § 130(7)(a), the Town Board is authorized to regulate the highways within the Town outside of the village to prohibit parking to facilitate snow removal; and WHEREAS, The Town Board hereby determines that it is in the interest of public safety, government efficiency and in the best interests of the residents that parking be prohibited on any public highway of the Town of Wappinger outside the corporate limits of the Village of Wappinger Falls; and WHEREAS, the Town Highway Superintendent concurs with this recommendation; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 10 of the Year 2018 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type 11 action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to 6 NYCRR Part 617. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. 10 of 2018 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of November, 2018, at 7:30 p.m. and the Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto. The Town Clerk is hereby directed to send a copy of the proposed Local Law to the Dutchess County Department of Public Works for its review and comment. Town of Wappinger Page 8 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-245 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0....... El El lDefeated William H. Beale Voter ....................................................o D ❑ .................. 0 ....... 0 Tabled Angela Bettina........................Seconder.........0...... ......❑...... ......❑...... .....❑..... El Withdrawn RobertJohnston.................... Voter ... .......D...... ..... ❑ ................ ❑...... .....❑ ..... Next: 10/22/18 7:30 PM Michael Kuzmicz ................................................................................. Mover 0 ❑ 0 0 Dated: Wappingers Falls, New York October 15, 2018 The Resolution is hereby duly declared Tabled. RESOLUTION: 2018-237 Resolution Authorizing Collective Bargaining Agreement With Teamsters For Period January 1, 2018 To December 31, 2019 WHEREAS, the Town of Wappinger ("the Town") and the Teamsters Local 445, ("the Union") are parties to a collective bargaining agreement covering the period January 1, 2014 to December 31, 2017; and WHEREAS, the negotiating committees for the Town and the Union have agreed upon the terms of a Successor Collective Bargaining Agreement, dated October 9th, 2018, which sets forth the terms of employment for the collective bargaining unit for the period from January 1, 2018 through December 31, 2019 and WHEREAS, that Agreement provides that it is subject to ratification by the Town Board and the Union's membership; and WHEREAS, the Union has advised the Town that its membership has voted and has approved the Agreement; and WHEREAS, the members of the negotiating committee for the Town have recommended unanimously that the proposed successor Collective Bargaining Agreement be ratified by the Town Board; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Collective Bargaining Agreement between the Town and the Union dated October 9th, 2018, is hereby ratified and approved; 2. The Town Supervisor is authorized to execute a Collective Bargaining Agreement for the period from January 1, 2018 through December 31, 2019 that is in the from attached hereto; 3. The Town Board approves the funding for such Agreement and directs that compensation be increased in accordance with the collective bargaining agreement commencing with the next pay period which begins on October 15, 2018; The Town Board hereby directs the Town Comptroller or his designee to calculate the increases in pay that are due retroactively to January 1, 2018 in accordance with the Collective Bargaining Agreement and provide a Report to the Town Board of the amounts due so that it may make the necessary appropriations for their payment. Town of Wappinger Page 9 Printed 10/23/2018 Special Meeting Minutes October 15, 2018 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-237 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman ❑ Adopted Thurston, Beale, Bettina, Johnston, Kuzmicz Yes/Aye No/Nay Abstain Absent Elll Adopted as Amended Richard ThurstonVoter 0....... El❑ El lDefeated William H. Beale ..................... Voter..... ....... D....... . ...... ❑...... ❑ ...... ❑ ..... D Tabled Angela BettinaVoter 0 El 0 " FlWithdrawn Robert Johnston ....................... Seconder.........0....... . ...... ❑.................. ❑ .................❑ ..... Next: 10/22/18 7:30 PM ' Michael Kuzmicz Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 15, 2018 The Resolution is hereby duly declared Tabled. X. Adjournment 1. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 12:05 AM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 10 Printed 10/23/2018 LOCAL LAW NO. 10 OF THE YEAR 2018 A Local Law entitled "Local Law Amending Chapter 230 of the Town Code Prohibiting Parking During the Winter." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as "Local Law Amending Chapter 230 of the Town Code Prohibiting Parking During the Winter." Section IL• Legislative Intent. The purpose of amendment is to prevent any obstruction or interference with the use of any public highways of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls, during the winter months to facilitate the clearing and removal of snow and ice from such highways and to prevent the obstruction of the operations of the Town Highway Department during snowstorms. As snow can fall at any time of the day or night, it is important to prohibit parking at all times during winter months, not just during the overnight hours, to reduce the necessity of ticketing and removing vehicles during snow and ice removal in the winter months. The Local Law also moves the commercial parking provision from the no parking at all times provision to the parking prohibited during certain hours. The Town Board hereby determines that it is in the interest of public safety, the safety of the travelling public, government efficiency and in the best interests of the residents that parking be prohibited on any public highway of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls, at all times from November through March when ice and snow events are most likely to occur. The Town Highway Superintendent concurs with this determination. -1- Section III: Parking Prohibited at All Times Section 230-16 entitled "Parking prohibited at all times; parking of commercial vehicles." is hereby deleted and replaced with a new section 230-16 to read as follows: "§ 230-16. Parking prohibited at all times; Wintertime parking prohibited. A. No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XII (§ 230-46), attached to and made a part of this chapter B. No person shall park a vehicle at any time, upon any street in the Town of Wappinger outside the corporate limits of the Village of Wappinger Falls, but not including state highways maintained by the state, between November 1 of each year and March 31 of the following year, inclusive of said dates. Signs giving notice of this parking restriction shall be posted at all principal entrances to the Town of Wappinger. C. Any violation of this section is subject to Penalty as set forth in Chapter 230, Article VI, § 230-34 and/or Removal as set forth in Chapter 230, Article V, § 230-32." Section IV: Parking Prohibited Certain Hours. Section 230-19 entitled "Parking Prohibited Certain Hours; All -Night Wintertime Parking" is hereby deleted and replaced with a new section 230-19 to read as follows: "§ 230-19. Parking Prohibited Certain Hours A. No person shall park a vehicle between the hours specified in Schedule XV (§ 230- 49) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule, attached to and made a part of this Chapter. B. No person shall park a commercial vehicle between the hours of 7:00 p.m. and 7:00 a.m. the next day on any Town road in any residential zoning district, except in the event of an emergency. -2- (1) For the purposes of this section, a "commercial vehicle" shall be a vehicle which exceeds 18,000 pounds in gross vehicle weight, and includes tractors, road tractor -trailers, rollers, tractor and truck cranes, power shovels, road -building machines, snowplows, road sweepers, sand spreaders, tank trailers and buses, and any other such vehicle used for, intended to be used for, registered for or potentially registered for commercial purposes. (2) Notwithstanding the above, the following shall be exempt from this section: Any police, fire or emergency service vehicle. ii. Any vehicle owned by a municipality or corporation engaged in repairs or improvements to any service provided by the Town of Wappinger or its authorized agents. iii. Any vehicle owned by a municipality or corporation engaged in repairs or improvements to any street or right-of-way maintained by the Town of Wappinger. iv. Any vehicle which is in the process of picking up or delivering merchandise or other property. V. The temporary parking of any vehicle on a road while the driveway where said vehicle is normally parked is being repaved." (3) Signs giving notice of this parking restriction shall be posted at all principal entrances to the Town of Wappinger." -3- Section V: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code effected thereby. Section VI: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, sub -section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section VII: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Collective Bargaining Agreement Between The Town Of Wappinger And Teamsters Local 445 January 1, 2018 to December 31, 2019 101090176} 1 2 3 11 E Ce COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS PREAMBLE 1 1.1 Notice of Agreement 1 1.2 Recognition 1 MANAGEMENT RIGHTS 1 2.1 Terms 1 UNION RIGHTS 2 3.1 Union Membership/Agency Shop 2 3.2 Leave for Grievances & Hearings 2 3.3 Access to Employer Premises 3 GENERAL CONDITIONS OF EMPLOYMENT 3 4.1 Filling Vacancies 3 4.2 Probationary Period 3 4.3 Seniority 3 4.4 Layoff and Recall Procedures 3 4.5 Personnel File 4 DUE PROCESS PROCEDURES 4 5.1 Basic Principles 4 5.2 Grievance Procedure 4 5.3 Disciplinary Procedure 5 WORKDAY AND WORKWEEK 5 6.1 Work Schedule 5 6.2 Absences 5 101090176} 7 K N 10 II 6.3 Meals & Rest Periods 6 COMPENSATION 6 7.1 Wage Rates 6 7.2 Premium Pay for Overtime 7 7.3 Call -In Pay 7 7.4 Pay Period 7 7.5 Separation from Employment 7 7.6 Clothing Allowance 7 PAID LEAVE 8 8.1 Holidays 8 8.2 Vacation Leave 8 8.3 Sick Leave 9 8.4 Sick Leave Bank 10 8.5 Personal Leave 12 8.6 Bereavement Leave 12 8.7 Jury Duty 13 UNPAID LEAVE 13 9.1 Leaves of Absence without Pay 13 INSURANCE 13 10.1 Medical Insurance 13 10.2 Medical Insurance Buy -Out 14 10.3 Pre -Tax Medical and Dependent Care Expenses 14 DISABLED EMPLOYEES 15 11.1 Workers' Compensation Insurance 15 11.2 Short -Term Disability Insurance 15 11.3 Transitional Duty Program 16 {01090176} 12 RETIREMENT BENEFITS 17 12.1 Medical Insurance for Retired Employees 17 13 MISCELLANEOUS PROVISIONS 17 13.1 Travel Expenses 17 13.2 Return of Town Property 17 13.3 Compensatory Time 17 14 APPLICATION OF AGREEMENT 18 14.1 Duration of Agreement 18 14.2 Savings Clause 18 14.3 Legislative Implementation 18 14.4 Execution of Agreement 18 Schedule A New Hire Rates of Pay 19 Schedule B Sick Leave Bank Donation Form 20 Schedule C Sick Leave Bank Request Form 21 {01090176} PREAMBLE 1.1 Notice of Agreement 0 1.1.1 Parties to Agreement: This Collective Bargaining Agreement ("Agreement") is made by and between The Town of Wappinger, hereinafter referred to as the "Employer", and Teamsters Local Union Number 445, International Brotherhood of Teamsters, located at Box 2097, Newburgh, New York, hereinafter referred to as "Local 445" or "the Union." E 1.2 Recognition 1.2.1 Definition of Bargaining Unit: The Employer recognizes the Union as the sole and exclusive bargaining representative of Wappinger Town Hall Employees Association employed by the Town of Wappinger with regard to terms and conditions of employment and in respect to the administration of grievances arising under this Agreement. The titles covered by this Agreement shall be Deputy Court d Clerk, Clerk to the Justice, Court Officer, Highway Secretary, Solid Waste Attendant, Assessor Aide, Data Collector, Dog Control Officer, Typist, Recreation Supervisor, Recreation Assistant, Secretary, Q Maintenance Worker, Groundskeeper, Code Enforcement Officer, Code Enforcement Officer/Fire, Clerk, a Planning and Zoning Board Clerk, Deputy Town Clerk, Account Clerk, Water and Sewer Clerk, Payroll E Clerk, Laborer, and Secretary to the Planning Board and Zoning Board of Appeals. a. ca 1.2.2 Employee: For the purpose of this Agreement, an "Employee" will mean any employee of the m Town covered by this Agreement : v d 1.2.2a Full-time Employee: For the purpose of this Agreement, a "full-time employee" will o mean an Employee who is regularly scheduled to work thirty-five hours or more per week throughout the v a. year. _ 'N •L 1.2.2b Part-time Employee: For the purpose of this Agreement, a "part-time employee" will 0 mean an Employee who is regularly scheduled to work fifteen hours or more and less than thirty-five Q hours per week throughout the year. ti M 1.2.2c Temporary Employee: For the purpose of this Agreement, a "temporary employee" will C� mean someone who is called in to work on an interim or "as -needed" basis for a specified limited period, c to replace an Employee who is on an approved leave of absence. Temporary Employees shall not work in C� excess of ninety (90) days unless extended up to one hundred eighty (180) days by the Dutchess County w Office of Personnel. W 00 1.2.2d Exempt Employee: Some Employees covered by this Agreement may be classified as N "Exempt" under the Rules and Regulations of the Dutchess County Personnel Department. L Notwithstanding any provision of this Agreement, all applicable statutes, rules and regulations shall o govern the employment of each Exempt Employee and shall supersede any contradictory provisions herein. 0 1.2.3 Unit Clarification: Any disputes as to whether a new or substantially altered job title is encompassed within the scope of the existing bargaining unit shall be submitted immediately to the State of New York Public Employment Relations Board in accordance with its rules and procedures. {01090176} 2 MANAGEMENT RIGHTS 2.1 Terms 2.1.1 Town Rights: The Town retains the right to manage its business affairs and services and to direct the working force, including the right to decide the number and location of its business and service operations, the business and service operations to be conducted and rendered, the control of the building, real estate, materials, vehicles, parts, tools, machinery and all other equipment that may be used in the operation of its business or in supplying its services; to determine whether and to what extent the work required in operating its business and supplying its services shall be performed by Employees covered by this Agreement; to maintain order and efficiency in all its departments and operations, including the right to discipline, suspend and discharge Employees for cause; to hire, lay off, assign, promote and determine qualifications of Employees; and to determine the starting and quitting time and the number of hours to be worked. 2.1.2 Rights Not Inclusive The rights of the Town listed above are not all inclusive, but indicate the type of matters or rights that belong to and are inherent to the Town. UNION RIGHTS 3.1 Union Membership/Agency Shop 3.1.1 Union Dues: The Employer shall deduct from all regular Employees who are Union members, and are covered by this Collective Bargaining Agreement, dues of the Local Union and remit same to the Local Union at the end of each month. Written authorization by the Employee shall be furnished by the Union in a form approved by the Employer. The Employer will notify the Union promptly in writing and within seven calendar days of any revocation of such authorization to remit dues to the Union. 3.2 Leave for Grievances and Hearings 3.2.1 Stewards: The Employer recognizes the right of the Employees to elect no more than two (2) job M stewards and no more than two (2) alternates from the Employer's seniority list. The authority of job oc stewards and alternates so elected by the Employees shall be limited to, and shall not exceed, the Q following duties and activities: the investigation and presentation of grievances in accordance with the w provisions of the Collective Bargaining Agreement; and the transmission of such messages and to information which shall originate with and are authorized by the Union or its officers, provided such 00 messages and information have been reduced to writing or are of a routine nature and do not involve a o N refusal to perform work assignments. 3.2.2 Investigation and Presentation of Grievances: The Shop Steward, or designee, will be allowed release time, without loss of pay or leave credits, for the following activities: to investigate and present grievances to management and to attend grievance arbitration hearings, including annual steward training sponsored by the Union. Leave to attend stewards training shall not exceed eight hours in any one year. 3.2.3 Requests for Release Time: The Steward shall be given reasonable time during work hours to process grievances. Requests for the use of release time shall be made to the Department Head, or designee, as far in advance as possible. Requests shall not be unreasonably denied. 3.2.4 Super -seniority: To the extent permitted by law, one Steward will be granted super -seniority for the purposes of layoff and rehire, provided he or she is qualified and provided he or she has five (5) years or more of unit -wide seniority. {01090176} 2 3.2.5 Eligible Employees: Two Employees designated by the Union, in writing, shall be allowed release time, without loss of pay or leave credits, to participate in collective bargaining negotiations scheduled by the Employer and the Union if scheduled during work time. 3.3 Access to Employer Premises 3.3.1 Union Representatives: Representatives of Local 445 shall be allowed reasonable access to the Employer's premises for the purpose of conducting legitimate Union business related to the administration of this Agreement, and to investigate safety and health matters provided their investigations do not interfere with normal operations. 4 GENERAL CONDITIONS OF EMPLOYMENT 4.1 Filling Vacancies 4.1.1 Posting: In the event there is a vacancy to be filled in a new or existing position within the bargaining unit, the vacancy shall be posted in a conspicuous location for seven calendar days and a copy shall be sent to the Local 445 business agent. In the event that emergency needs require the immediate filling of the vacancy, a temporary appointment may be made subject to civil service regulations and guidelines. 4,1,2 Vacancies may only be filled from a list obtained from Dutchess County Human Resources (DCHR), and any such candidate shall satisfy any requisite training and/or testing requirements, provided, however, in the event that no qualified candidate is identified on the DCHR list, the Employer may interview and hire persons not from within the Collective Bargaining Unit. 4.2 Probationary Period 4.2.1 Probationary Period (New Hires): The probationary period for an Employee appointed to a position in the competitive class will be in accordance with the rules and regulations of the local Civil Service agency. Except as otherwise provided in the rules and regulations of the local Civil Service, the probationary period for an Employee appointed to a position in the non-competitive or labor class will be for a probationary period of not more than six months from the date of appointment. 4.2.2 Terms of Probation (New Hires): During the probationary period, the Employer has the right to W discipline and/or discharge a probationary Employee in its sole discretion, consistent with applicable law. 00 4.2.3 Terms of Probation (Promotion/Transfer): At any time during the probationary period, the Employee may retreat to the Employee's previous position. 4.3 Seniority 4.3.1 Service Seniority: Employees shall be placed on this seniority list as of the Employee's first date of hire as a full-time Employee. Seniority shall accrue and be determined in accordance with length of full-time employment within the bargaining unit covered by this Agreement. 4.3.2 Workers' Compensation: An Employee who is on an approved unpaid leave of absence due to a Workers' Compensation injury or illness, and is not drawing on paid leave credits, will continue to accrue seniority as if the Employee was in regular pay status. Such leave will not be considered as a break in "continuous service" and the Employee's anniversary date will not be adjusted. {01090176} 4.3.3 Loss of Seniority: Seniority shall be broken by proven discharge for cause, a disciplinary suspension and/or a personal leave of absence in excess of one year. E Q V 4.3.4 Same Length of Service: In the event two or more Employees have the same date of hire, such p Employees will have their individual seniority determined by lot. 4.4 Layoff and Recall Procedure L d 4.4.1 First to be Laid Off: In the event of a reduction in the number of positions in a job title in the E competitive class within the bargaining unit, layoff will be in accordance with the rules and regulations of d the local Civil Service agency. In the event of a reduction in the number of positions in a job title in the non-competitive or labor class within the bargaining unit, the Employee within that job title with the least service seniority will be the first to be laid off. Q 4.4.2 Recall: Bumping rights, recall to job, and notice of recall and duration of recall rights shall be d governed by applicable Civil Service Law statutes, rules and regulations. a. Q 4.5 Personnel File a. E 4.5.1 Location of Files: Original personnel records for all Employees will be kept in a location designated by the Town Supervisor and will be maintained and controlled by the Town Supervisor. m 4.5.2 Employee Access: An Employee may review and copy the contents of the Employee's own > personnel file. The Employee shall make an appointment with the Department Head to access Employee's personnel file. Someone authorized by the Town Supervisor must be present when the Employee inspects T the personnel file. The Employee may not place into, or remove from, or destroy any material stored in v the file without the approval of the Town Supervisor. The Employer may not place or remove any material in the Employees' files without the affected employees having knowledge of it, provided however, any materials may be included in an Employee's file if the material is either (i) established in 0 the Employee Handbook that such materials may be included in the personnel files; or (ii) required by law or regulation to be so included. Q ti 4.5.3 Union Access: Upon an Employee's written agreement, and upon reasonable written notice to the C00" Town Supervisor, a representative of the Union will be allowed to access, review and copy the contents of the personnel files of Employees, with the exception of medical documentation and/or letters of reference, raw provided the Union gives twenty-four hour written notice, and subject to any privacy laws or regulations. w During any such Union access, a representative of the Town Supervisor shall be present at all times. W 00 4.5.4 Change in Status: An Employee shall, as soon as possible in the event of any change, notify the c Department Head of a change of name, address, telephone number, personal status, number and age of dependents, beneficiary designations, and who to notify in case of emergency. M 5 DUE PROCESS PROCEDURES 5.1 Basic Principles 5.1.1 The intent of this Article 5 is to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 5.1.2 An Employee and/or the Union shall have the right to present a grievance, which is hereby defined as a violation of an enumerated section of this Agreement, in accordance with this Article 5, free from coercion, interference, restraint, discrimination or reprisal. {01090176} 4 5.1.3 An Employee shall have the right to be represented at any stage of this Article 5 procedure by a Union representative or legal counsel. 5.1.4 Each party to a grievance shall have access at reasonable times to all written statements and records pertaining to such case. 5.1.5 The function of these procedures is to assure equitable and proper treatment under this Agreement involving disputes which may arise concerning its existing terms or the right of Management to take disciplinary action.. The arbitration procedure is not designed to be used for changing Article 5 rules or procedures or establishing new ones. 5.2 Grievance Procedure 5.2.1 Step One - Formal Grievance: Either the Employer or an aggrieved Employee(s) and/or the Union on behalf of the aggrieved Employee(s) may file a Grievance. The Grievance shall specify the nature of the complaint and include a simple statement of facts supporting the Grievance. The Grievance must be submitted, in writing, to the Employee or the Department Head as the case may be within fifteen calendar days from when the Employer or the aggrieved Employee(s) and/or Union knew or should have known about the incident giving rise to the Grievance. Within seven calendar days after receiving the Grievance, the Department Head, or designee, shall meet with the aggrieved Employee(s) and the designated representative of the Union. Within seven calendar days after the meeting, the Department Head of the Employee(s), as the case may be, shall issue a written Response to the Grievance that shall be given to the Employer or the Business Representative and the Employee(s) as the case may be. 5.2.2 Step Two - Appeal: If any Party is not satisfied with the Response to the Grievance at Step One, any Party may submit the matter to the Town Supervisor. The Appeal must be submitted, in writing, within twenty-one calendar days from receiving the Step One Response. Within fifteen calendar days after receiving the Appeal, the Town Supervisor shall meet with the aggrieved employee(s) and the designated representative of the Union. Within seven calendar days after the meeting, the Town Supervisor shall issue a written Response to the Grievance that shall be given to the Business Agent of Local 445. 5.2.3 Step Three - Binding Arbitration: If the Employer or the Union, as the case may be, is not oc satisfied with the Response to the Grievance at Step Two, the Union or the Employer, as the case may be, o may submit the matter to arbitration by filing a demand for arbitration with the Public Employment `� Relations Board (PERB) in accordance with its rules and regulations. The demand for arbitration must be w filed within thirty calendar days from receiving the Step Two Response or when the Step Two Response should have been received. The Employee shall have no right to submit any matter to arbitration in the c event the Union chooses not to do so. 5.2.4 Arbitrator's Authority: The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator and shall conform to applicable law. All decisions rendered by the arbitrator shall be final and binding upon all parties. No arbitrator functioning under these procedures shall have any power to amend, modify or delete any provisions of this Agreement. 5.2.5 Cost: The Employer and the Union shall share the fees of the arbitrator equally. 5.3 Disciplinary Procedure 5.3.1 Disciplinary Hearing: All matters of Employee discipline shall be governed by Civil Service Law Sections 75 and 76, if applicable. Any employee in the non-competitive class shall be eligible for the protections of Civil Service Law Section 75 upon completion of four years of continuous service with the Town. {01090176} 6 WORKDAY AND WORKWEEK 6.1 Work Schedule 6.1.1 The normal work day will commence between the hours of 8:00 a.m. and 9:00 a.m. as determined by the Town, except when a flex schedule is agreed to by the parties. All Full -Time Employees will customarily work a thirty-five hour per week schedule. 6.2 Absences 6.2.1 Notification: In the event an Employee is unable to report to work, the Employee must notify the Town Supervisor or Department Head no later than one hour before the start of the shift except in emergencies, and state the reason for the absence. 6.2.2 Early Departure: In the event an Employee must leave work early, the Employee must notify the immediate supervisor by text or email prior to leaving. Approval will not be unreasonably denied. 6.3 Meal & Rest Periods 6.3.1 Lunch Period: Each workday shall include an unpaid lunch period. The lunch period shall be for a period of thirty (30) minutes between the hours of 11:30 a.m. and 1:30 p.m., except in the discretion of the Department Head, who shall not unreasonably require a different lunch period. In accordance with New York State regulations, an Employee who works more than six hours in a given day is required to take the scheduled meal period. Employees cannot be required to take the lunch break at their desks. 6.3.2 Rest Periods: Employees shall be granted one (1) rest period of fifteen minutes before 11:30am and one (1) rest period of fifteen minutes after 1:30om, without loss of pay. The scheduling of said rest periods shall be at a reasonable time of each morning and afternoon. Employees who work in excess of two hours of overtime per day shall receive an additional fifteen minute rest period during that day. 6.3.3 Hours Beyond Normal Work Schedule: Twice per month, the Town may require a particular office(s) to open beyond the normal working schedule as defined in this Agreement. For example, the Town Supervisor may decide to open business hours during a Wednesday evening or during a Saturday morning to provide more accommodating services to residents who cannot get to Town Hall during regular working hours. In such a situation, volunteers will be requested first, and will be assigned in order of rotating seniority. If no volunteers come forward, the Town may assign employees to staff the office, in order of rotating seniority. The Employee shall first adjust its regular weekly schedule to take the requisite hours out of that schedule so as not to exceed the normal work week of 35-40 hours. To the extent that such flexibility is not possible, then such time shall be considered overtime and subject to the rules governing overtime in this contract or under applicable law. 7 COMPENSATION 7.1 Wage Rates 7.1.1 Base Wage Schedule: Employee wages shall be increased as follows: January 1, 2018 - 75 cents per hour or in accordance with the new wage scale listed below, whichever is greater. {01090176} 6 January 2, 2019 — 60 cents per hour New Wage Schedule: In lieu of the 75 cent increase noted above, during 2018, the following titles shall receive the following increases in base pay: 1. Planning/Zoning Secretary from $19.31 to $21 per hour. 2. Deputy Town Clerk from $16.47 to $18 per hour. 3. Real Property Data Lister from $17.75 to $23 per hour. 4. Justice Clerk Renzo from $19.19 to $22 per hour. 5. Justice Clerks Mergian and Wheeler from $16.47 to $19 per hour. 6. Deputy Assessor from $22.22 to $24 per hour. 7. Municipal Sec./Recreation from $18.52 to $20 per hour 8. All Laborers to $18 per hour. 9. Highway Secretary from $20.55 to $22 per hour. 10. Recreation Assistant from $19.34 to $21 per hour. 11. Payroll Clerk from $20.30 to $21.30 per hour. 7.1.2 Longevity Bonus: Beginning as of January 1, 2012, Full -Time Employees will receive an additional annual longevity stipend of $500 after every five years of continuous service with the Town, and Part -Time Employees will receive one half of that amount according to the table below. The longevity stipend will be paid on or about the Employee's anniversary date of employment with the Town, and will not be added to base pay for overtime purposes. Any Employee who has switched from part- time to full-time shall receive one half (1/2) years of service credit for each full year of part-time service. Length of Service Annual Longevity Amount Less than 5 years $0 5 years or more, and less than 10 years $500 10 years or more, and less than 15 years $1,000 15 years or more, and less than 20 years $1,500 20 years or more, and less than 25 years $2,000 25 years or more $2,500 7.2 Premium Pay for Overtime 7.2.1 Overtime Rate: An Employee will be paid one and one-half times the employee's regular hourly rate of pay for all time worked over forty hours in any given work week. All overtime must be approved either by the Department Head or the Town Supervisor. 7.2.2 Sunday Rate: Employees authorized to work on Sunday shall receive time and one-half for all hours worked. All such overtime must be approved either by the Department Head or the Town Supervisor. 7.2.3 Credit for Paid Leave: Holidays, vacation leave, sick leave, and jury duty leave will be included as time worked in the computation of overtime. 1010901761 7 7.3 Call-in Pay 7.3.1 After Shift Has Ended: If an Employee of the Code Enforcement Department, Recreation Department or Town Justice Court is called in to return to work after the Employee's shift has ended and the Employee has left the worksite, or on a Saturday, Sunday, holiday, or other period during which said Employee is not scheduled to work, such Employee shall be paid for a minimum of four hours of work at the Employee's regular rate of pay. If an Employee works three or more hours in connection with a call- in, he shall be paid for one additional hour. An Employee must show up for scheduled work hours unless the Employee has obtained prior written approval to not show up for specific reasons in accordance with the terms and conditions of this Agreement. 7.3.2 Start Time: The pay for an Employee who is called in for duty will begin when the Employee receives a phone call, text notification or other equivalent (i.e., What's App), provided that he/she arrives at the work site within thirty (30) minutes of said notification. 7.4 Pay Period and Recordation. Every Employee must record his/her time in the Town's Paychex system. 7.4.1 Payroll Period: The payroll period will be on a weekly basis and begin on Monday at 12:01 a.m. and end seven calendar days later on Sunday at 12:00 p.m. midnight 7.4.2 Pay Date: The pay date will be as per existing practice, provided, however, to the extent that a full -week has not been recorded during any pay period, then an Employee's compensation will be made at the end of the next full week period. 7.4.3 Statements: Each Employee shall be provided with a statement of gross earnings and a statement of deductions made for any purpose. 7.5 Separation from Employment 7.5.1 Settlement of Wages: Upon separation from employment, except as otherwise specified in this Agreement, the Employer shall pay all money due the Employee on the next regularly scheduled full week pay day following such discharge or resignation. 7.6 Clothing Allowance: Employees shall be entitled to an annual (January 1 to December 31) W clothing allowance not -to -exceed $300 per year on a reimbursement basis. In order to obtain CO reimbursement, an article of clothing must be necessary for the Employee's job, approved in writing by c the Employee's supervisor or by the Town Supervisor, and any items for which reimbursement has been CN made by the Town shall not be worn for an employee's off-duty activities. Clothing reimbursement shall be provided to: o Building and Grounds Department Employees: Real Property Data Lister; and Code Enforcement and Fire Inspection Deputies 7.7 Education Reimbursement: Certain professional education and training shall be mandatory as required by law, regulations, Town Policies and Procedures or as otherwise approved by the Town Board. All Employees who successfully complete an educational or training course related to his or her job duties will be reimbursed and be eligible for an increase in pay commensurate with any new job qualifications achieved through such training. {01090176} 8 PAID LEAVE 8.1 Holidays 8.1.1 Designated Holidays: The following holidays shall be observed: New Year's Day Martin Luther King Day Presidents' Day Good Friday Memorial Day Independence Day Labor Day Columbus Day General Election Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day One Floating Holiday as per current practice, i.e., majority Employees' choice Holidays falling on a Saturday shall be observed on the preceding Friday. Holidays falling on a Sunday shall be observed on the following Monday. 8.1.2 Not Assigned to Work on a Holiday: An Employee who does not work on a designated holiday will be paid "holiday pay" for the day at the Employee's regular daily rate of pay. 8.1.3 Assigned to Work on a Holiday: If an Employee works on a designated holiday, the Employee will be paid for that day at straight time rate and will be paid one and one-half times the Employee's regular hourly rate of pay for the time worked. In the event December 25th is a Saturday or a Sunday, a regular Full -Time Employee who does work on such day will be paid for all hours worked at one and one-half time (Saturday) or double time (Sunday) plus holiday pay. 8.1.4 Holiday During Paid Leave: In the event a designated holiday occurs on an Employee's normal workday and the Employee is on a paid leave of absence, the Employee will receive holiday pay for the day and the Employee's leave credits will not be charged for that day. 8.2 Vacation Leave 8.2.1 Allowance: Full-time Employees shall be credited with paid vacation leave on their applicable anniversary date according to the table below. Any Employee who has switched from part-time to full- time shall receive one half (1/2) years of service credit for each full year of part-time employment, 00 provided, however, that each Employee shall be required to take off a minimum of one-week vacation c"•, time each calendar year. Upon completion of Vacation Six months One week One year Two weeks Five years Three weeks Ten years Four weeks Fifteen years Five weeks Thirty Years Six weeks One week shall equal five days. {01090176} 9 8.2.2 Vacation Accrual During Leaves of Absence: In the event an employee is absent from work without pay for more than thirty calendar days in the calendar year, excluding an unpaid leave of absence due to a Workers' Compensation or NYS disability claim, the annual allowance of vacation leave to be credited for the next year will be adjusted on a prorated basis, with 260 days equal to 100%. 8.2.3 Minimum Vacation Leave Utilization: Vacation pay must be utilized in minimum increments of one-half (1/2) day. 8.2.4 Carry-Over: Each Employee will be allowed to carry-over no more than ten (10) days of vacation from the previous calendar year. All other vacation credits unused during the year in which they are earned will be paid-out at the end of each applicable calendar year. 8.2.5 Annual Buy-Back: An Employee may elect to receive cash payment for up to one week of accumulated, unused vacation leave credits during any calendar year (January 1 through December 31). A buy-back election must be submitted to the Town Supervisor no later than September 1, and each Employee shall be limited to one instance of buy-back per calendar year. Payment of buy-back will shall be paid no later than January 31 of the following calendar year. Payment will be at the Employee's rate of pay as of the time of election. 8.2.6 Scheduling: An Employee must receive prior written approval from the Department Head, or Town Supervisor to take vacation leave. In the event more Employees request vacation leave than minimum coverage permits, preference in the selection of a vacation period shall be given to the Employee with the most service seniority. The Employee must provide a minimum of two weeks written notice for requesting vacation leave. All requests for vacation are subject to the Department Head's or Town Supervisor's approval, which approval shall not be unreasonably withheld. 8.2.7 Termination of Employment: An Employee who resigns, retires, or is laid off will receive payment for unused vacation leave credits at the Employee's then current rate of pay. In the event of an Employee's death, the Employee's beneficiaries shall receive the payment for unused vacation leave credits. 8.3 Sick Leave 8.3.1 Allowance & Accumulation: "Full-time Employees accrue one (1) day of sick leave per month. Sick time taken in excess of twelve (12) days of one year of service will be without compensation, unless additional sick time has been accumulated from prior years. Employees may accumulate up to a maximum of one hundred sixty-six (166) sick days. Any Employee on sick leave for more than three (3) consecutive work days must obtain a medical care provider's written statement verifying the need for absence." 8.3.2 Accrual during Leaves of Absence: An Employee will be credited with sick leave credits while on a paid leave of absence, but not while on an unpaid leave of absence in excess of twelve days in the calendar month, excluding an unpaid leave of absence due to a Workers' Compensation or NYS disability claim. 8.3.3 Use of Sick Leave: An Employee may use sick leave credits for medical and dental appointments that cannot be scheduled during non -work hours. Sick leave credits may not be used in increments of less than one hour. 8.3.4 Family Sick Leave: An Employee shall have the right to use personal leave for the illness of a member of the employee's immediate family residing in the household. {01090176} 10 8.3.5 Notification of Sick Leave: In the event an Employee must take sick leave, the Employee must notify the Department Head or Town Supervisor within one hour prior to the Employee's scheduled reporting time, except in the event of an emergency. 8.3.6 Return to Work: After three consecutive days or more of leave due to an injury or illness, the Employer may require written medical doctor's verification of an Employee's ability to perform the Employee's normal job duties. Upon such request, the Employee must submit a written statement from the Employee's health care provider or licensed medical doctor, indicating that the Employee is able to return to work either with or without restrictions. 8.3.7 Retirement Credit: The Employer will make available Section 410) of the New York State Retirement and Social Security Law, which allows credit for up to one hundred sixty-five days of accumulated sick leave at the time of retirement. The additional service credit is determined by dividing the total unused, unpaid sick leave days (not to exceed 165 days) by 260. For example: 130 unpaid sick leave days divided by 260 = .50 or 6 months additional service credit. 8.3.8 Cash -Out of Unused Sick Leave Credits: An Employee who retires from employment with the Employer may use accumulated sick leave credits to increase service credit toward retirement in accordance with Section 410) of the New York State Retirement and Social Security Law. In the event of an Employee's death, the Employee's spouse and/or dependents will receive payment for fifty percent (50%) of the total number of unused sick leave credits at the Employee's then current rate of pay provided the Employee had ten or more years of credited service. 8.3.9 Termination of Employment: An Employee who resigns or is laid off will receive payment for one half of unused sick leave credits at the Employee's then current rate of pay. If an Employee is terminated for cause or resigns in lieu of disciplinary charges, all accrued sick leave credits shall be forfeited. 8.3.10 No Negative Balances: at no time shall an Employee be allowed to create a negative balance in any of their accounts without the prior written approval of their supervisor or the Town's Supervisor. Article 8.4 Sick Leave Bank (to begin January 1, 2015) 6 8.4.1 Definitions, Eligibility, Obligations and Limitations A. Catastrophic injury or illness is defined as a life-threatening condition or combination of 00 conditions affecting the mental or physical health of the Employee or immediate family member or household. The catastrophic illness or injury must require the services of a physician. B. Immediate family or household is defined as spouse, domestic partner, child (including step and foster), parent or any relative or person living in the Employee's household for whom the 0 employee has custodial responsibility. m C. This Sick Leave Bank ("Bank") is available to those Employees who have completely exhausted all accumulated leave time (sick, personal and vacation leave), or who reasonably anticipate exhausting such leave time prior to the end of an absence covered by this policy, and who are not otherwise receiving any related compensable benefits such as disability or Workers' Compensation. D. Membership is available to all Employees who have sick leave balances, and upon the first January 1 following completion of their Civil Service probationary period. {01090176} 11 E. Membership eligibility for participation in the Bank for a calendar year begins upon the Employee's original donation of at least two days of leave. Partial days cannot be donated at any time. Enrollment in the Bank continues, provided a minimum of two days is donated in each subsequent calendar year. F. Donated accumulated leave time contributed to the pool becomes the property of the Bank and may not be withdrawn, targeted for specific individuals or returned to an Employee upon separation, retirement or death. G. Use of benefits from the Bank will occur in connection with any provisions of the Family and Medical Leave Act ("FMLA"), if applicable, and any use is calculated as part of the twelve weeks of leave provided under the Act. 8.4.2 Donations A. Any Employee who wishes to transfer a portion of his/her accumulated leave time must sign a statement indicating the number of days to be transferred. Employees will be given an opportunity to donate accumulated leave time to the Bank annually. An enrolled Employee who fails to contribute in any year shall cease to be enrolled. A Sick Leave Bank Donation Form is attached as Schedule B. B. The minimum amount of accumulated leave time an Employee may contribute is two days. The donating Employee must retain a minimum of five (5) accumulated sick leave days at the time of donation. C. Donations are to be taken from accumulated leave time. No transfer of funds shall occur, but the contributing Employee's cumulative accrued sick leave balance will be reduced by the number of days donated. D. Donations shall be made no later than March 31 of the applicable calendar year. 8.4.3 Administration A. The Bank will be administered by a committee ("Committee") of four persons, consisting of the two Employee Shop Stewards and the Town Supervisor and the Town Deputy Supervisor. The Committee shall elect a Chairperson, who shall run all meetings. B. The Committee shall be responsible for coordinating the annual donations, processing requests 00 and maintaining appropriate related records. T- C. C. The Committee will be responsible for reporting usage to the Town Supervisor on an annual basis. D. Requests for paid sick leave will be reviewed by the Committee. The Committee will prepare a written notification to the requesting member approving or denying the application for paid sick leave and will ensure that the appropriate forms and/or documentation are submitted to the Payroll Office if the request is approved. E. The Committee may not grant paid sick leave days to employees when the Bank does not have available days. F. An application shall be denied if it is incomplete or lacks supporting statements from a licensed health care provider, or if the employee fails to provide any requested documentation. If denied, an application may be resubmitted. {01090176} 12 G. The Bank will be administered in accordance with the Americans with Disabilities Act and Family and Medical Leave Act requirements, if applicable. 8.4.4 Withdrawals A. An Employee or his/her designee must request sick leave from the Bank by completing an application and submitting it to a member of the Committee. An Employee may apply for leave from the Bank but cannot receive more than 25 sick leave days in a twelve-month period. A Sick Leave Bank Request Form is attached as Schedule C. B. All requests must be accompanied by a physician's statement that includes the beginning date of the condition, a description of the illness or injury and the length of anticipated leave. All requests must indicate the number of sick leave days requested. C. The Committee will render a decision to the Employee within ten (10) working days after receipt of the request. D. The amount, if any, of sick leave granted for each request will be determined by the Committee, but cannot exceed one third of the balance in the Bank or 25 working days, whichever is less. Any unused sick leave granted in such instances returns to the Bank. E. All decisions of the Committee are final and not subject to appeal or to the grievance process contained in this Agreement. 8.5 Personal Leave 8.5.1 Allowance: Six (6) days per calendar year at bimonthly accruals. 8.5.2 Carry -Over: Unused personal leave can be carried over to the following year. 8.5.3 Scheduling: Employees are required to give the Department Head or the Town Supervisor 48 hours' notice whenever possible of their intention to take personal leave whenever possible. Personal leave credits may not be used in increments of less than one hour. All such leave shall be subject to the discretion of the Department Head or the Town Supervisor, whose approval shall not be unreasonably withheld. 8.5.4 Termination of Employment: An Employee who is terminated, resigns, retires, or is laid off UJ will receive payment for one half of unused accrued personal leave credits at the employee's then current 00 rate of pay. 0 cV 8.6 Bereavement Leave L 8.6.1 Immediate Family: In the event of a death of a Full -Time Employee's immediate family member, the Employee may take a leave of absence without loss of pay or leave credits for up to five scheduled workdays between date of the death and the day after the burial. For purposes of bereavement leave, "immediate family member" will mean the following: • Spouse or Domestic Partner • Child (including step & foster) • Parent or Legal Guardian 8.6.2 Extended Family: In the event of a death of a Full -Time Employee's extended family member, the Employee may take a leave of absence without loss of pay or leave credits for up to three scheduled {01090176} 13 workdays between date of the death and the day after the burial. For purposes of bereavement leave, "extended family member" will mean the following: • Sibling • Spouse's Parent • Grandchild • Child's Spouse • Grandparent 8.6.3 Additional Bereavement Leave: An Employee may receive an unpaid leave of absence or use vacation leave credits and/or personal leave credits to extend bereavement leave due to the death of an immediate or extended family member. The request must be submitted to the Department Head. The Department Head shall have total discretion in the approval of such additional bereavement leave. 8.7 Jury Duty 8.7.1 Leave of Absence: In the event an Employee is required to perform jury duty on a day the Employee is scheduled to work, the Employee shall be compensated by the Town pursuant to the New York Judiciary Law. 9 UNPAID LEAVE 9.1 Leaves of Absence without Pay 9.1.1 General Terms: Subject to the approval of the Town Board, unpaid leaves of absence may be available to an Employee for personal reasons including, but not limited to, personal illness, family responsibilities, and education. 9.1.2 Request for Unpaid Leave: The Employee must submit such request and the reasons for the leave, in writing, to the Town Supervisor or Department Head at least two weeks prior to the proposed leave, except in the event of an emergency. The Town Supervisor or Department Head will present the request to the Town Board as soon as possible after receiving the request. Approval will not be unreasonably withheld. 9.1.3 Conditions of Leave: The Town Board will specify the duration of an unpaid leave of absence and impose such other terms, conditions and restrictions on the employee as the Town Board deems appropriate. 9.1.4 Denial of Leave: In the event any denial of unpaid leave is challenged in the grievance procedure, the sole remedy will be granting the leave. 10 INSURANCE 10.1 Medical Insurance 10.1.1 Medical: Employees will receive the same coverage they currently receive. If such plan is no longer available from the provider, the Town will make best efforts to obtain a substantially equivalent plan. If the Town seeks to change the plan despite its continued availability, it shall replace with an equivalent plan. 1010901761 14 10.1.2 Date Coverage Begins: Coverage will begin on the first day of the month following the Employee's first day of employment, provided all eligibility requirements of the plan are met and the requisite forms have been completed. Eligible Employees and dependents may also enroll in the health insurance plan during the annual open enrollment period or at the time of a qualified change in employment or family status, as defined by the Internal Revenue Service and the insurance carrier. 10.1.3 Premium Payment: Employees shall be responsible for contributing 15% of their applicable health insurance premium. Effective 1/l/19, Employees shall be responsible for contributing 15.25 percent of their applicable health insurance premium. 10.2 Medical Insurance Buy -Out 10.2.1 Eligibility: A Full -Time employee who is eligible for health insurance coverage made available through the Town may receive a buy-out in lieu of receiving insurance and prescription drug benefits. To be eligible for the insurance buy-out, the Employee must provide documentation of comparable health insurance coverage and sign an appropriate waiver of insurance coverage. In the event an Employee is married to another Employee of the Town who is eligible for health insurance, they must either enroll in two individual plans or one two -person or family plan and will not be eligible for this buy-out. 10.2.2: "Any Employee declining health coverage, and who is eligible for a buy-out as set forth in Section 10.2.1 above, shall receive such annual buy-out from the Town in the following amounts for the type of coverage based on family circumstances without regard to other coverages: Family — $2,500.00 Employee plus spouse - $2,000.00 Employee - $1,000.00 The buy-out shall be prorated for the first year of employment. All buy-outs shall be paid in June and December of each year and shall be subject to applicable payroll taxes and withholdings. This buy-out shall apply to health coverage only and not to any other types of insurance coverage that may become available to bargaining unit members (e.g., dental, optical, etc.)." 10.2.3 Method of Payment: Partial payment of the buy-out will be made in the first pay period in June and December. 10.2.4 Reinstatement: In the event the Employee loses coverage under the alternate insurance plan, the Employee may resume coverage under the health insurance plan 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. An Employee may also elect to resume coverage under the medical insurance plan during the annual open enrollment period. {01090176} 15 10.3 Pre -Tax Medical and Dependent Care Expenses 10.3.1 Eligibility: A Full -Time Employee who has completed the probationary period is eligible to enroll in a pre-tax reimbursement account in accordance with Section 125 of the Internal Revenue Service Code, provided all eligibility requirements of the plan are met and the requisite forms have been completed, and provided the Town, in its sole discretion, has adopted such a plan. 10.3.2 Flexible Spending Accounts: An Employee may elect to have a pre -determined amount deducted from the Employee's paycheck on a pre-tax basis each payroll period to be placed in a medical care flexible spending account, dependent care flexible spending account, or both. Money set aside in an Employee's medical care flexible spending account may be used to cover certain health, dental, and vision care expenses that are not reimbursable through the Employee's insurance plan(s). Money set aside in an Employee's dependent care flexible spending account may be used to cover eligible day care and nursery school expenses for covered dependents. 10.3.3 Election Changes: Eligible Employees may enroll or decline coverage in the pre-tax reimbursement plan during the annual open enrollment period. Once a pre-tax election is made, it must remain in effect for the entire plan year. An Employee may not drop coverage, change an election, or cease contributions at any time during the plan year unless there is a qualifying change in employment or family status, as defined by the Internal Revenue Service. For any qualifying change in family or employment status, an Employee must make the appropriate change in coverage within thirty-one calendar days of the date of the qualifying event. Under the pre-tax insurance premium option, an Employee's election for the plan year is automatically continued for the next plan year unless a new election form is submitted. 11 DISABLED EMPLOYEES 11.1 Workers' Compensation Insurance 11.1.1 Summary: Employees are required to file an accident report when a claim of work related disability causing illness or injury exists. Employees covered hereunder who are injured while on duty in the course of their employment and thus entitled to Workmen's Compensation payments, shall be compensated in the following manner: 11.1.2 Use of Leave Credits: An Employee may draw from the Employee's sick leave, then personal leave credits, and then vacation leave credits in conjunction with Workers' Compensation payments to equal, but not exceed, the Employee's regular daily rate of pay. When the insurance company makes payment, the Employer shall reimbursed for that portion of sick leave, vacation leave or personal leave covered by insurance and the employee will be re -credited with the proportional amount of leave. Any lump sum award for loss of use for an injury will not be returned to the Town. 11.1.3 Continuation of Medical Insurance: An Employee who is receiving Workers' Compensation payments for lost time will continue, for up to a maximum of one year, to receive medical insurance benefits, and the Employer and Employee will continue to make their contributions, provided the Employee makes the required Employee contribution. Beyond the maximum of one year, if the Employee has exhausted all sick leave, vacation leave and personal leave credits, the employee may continue to be eligible for medical insurance coverage in accordance with COBRA. To the extent that this provision is inconsistent with the Family Medical Leave Act or any other applicable statute, the appropriate statute shall prevail. {01090176} 16 11.2 Short -Term Disability Insurance 11.2.1 Coverage: The Employer will make available a short-term disability plan for non -job-related injuries or illnesses that meet the minimum requirements of New York State Disability Insurance. The insurance company makes the determination of whether an employee is eligible for short-term disability benefits. 11.2.2 Change in Plan: The Employer may, at its discretion, change carriers and/or offer an alternative short-term disability plan. 11.2.3 Premium Payment: The Employer will pay the full premium for short-term disability insurance for each eligible employee. 11.2.4 Use of Leave Credits: An Employee may draw from the Employee's sick leave credits, then personal leave credits, and then vacation leave credits in conjunction with the short-term disability payments to equal, but not exceed, the Employee's regular daily rate of pay. When the insurance company makes payment, the Employer shall be reimbursed for that portion of sick leave, vacation leave or personal leave covered by insurance and the Employee will be re -credited with the proportional amount of leave. 11.2.5 Continuation of Medical Insurance: The Employer will continue medical insurance coverage for a qualifying event in accordance with the provisions of the Town's Family and Medical Leave Policy. Thereafter, a Full -Time Employee who is receiving short-term disability payments provided under this Article and is drawing full -pay by using accrued sick leave, vacation leave, and/or personal leave credits will continue to receive medical insurance benefits and the Employer and Employee will continue to make their contributions provided the Employee makes the required Employee contribution. If the Employee has exhausted all sick leave, vacation leave, and personal leave credits, the Employee may continue to be eligible for medical insurance coverage in accordance with COBRA. For those Employees enrolled in the New York State Health Insurance Program (Empire Plan), the Employee may continue to be eligible for medical insurance coverage by requesting a waiver of premium in accordance with plan documents. The State of New York Department of Civil Service Employee Benefits Division is responsible for determining eligibility for receiving the waiver of premiums. To the extent that this provision is inconsistent with the Family Medical Leave Act or any other applicable statute, the appropriate statute shall prevail. 11.3 Transitional Duty Program 11.3.1 Preamble: The purpose of this Transitional Duty Program is to allow an Employee who is 00 temporarily partially disabled to return to work in an assignment that meets both the needs of the Employer and the medical limitations of the Employee. In the event an Employee is unable to perform the full duties and responsibilities of the Employee's regular position, the Department Head or designee may, o on a case-by-case basis, request such Employee to return to work in a Transitional Duty assignment. The 0 exercise of this Transitional Duty Program shall not establish any precedent or commitment to provide Q Transitional Duty assignments to any other Employee at any time in the future. �? 11.3.2 Transitional Duty Assignment: The assignment may not necessarily correspond with the Employee's regular job duties. The assignment may involve performing some duties of the Employee's regular position, some duties of another position, or a combination of tasks from several positions. The assignment may be at a different work location and/or have a different schedule than the Employee's regular position. 11.3.3 Wages: While performing a Transitional Duty assignment, the Employee will receive the Employee's regular hourly rate of pay. {01090176} 17 11.3.4 Duration of Assignment: The Employer will require a medical examination ordered by the Employer as a condition of allowing the Employee to return to full duties. 11.3.5 Position Creation: the Employer shall not be obligated to create any position or duties not presently existing for the benefit of an Employee seeking Transitional Duty. 12 RETIREMENT BENEFITS 12.1 Medical Insurance for Retired Employees 12.1.1 Coverage: Retired Full -Time Employees with sufficient years of service credit with the Town, and their spouses, shall have the option to elect contributing health insurance coverage from the Town based on the following schedule: Years of Completed Full-time Service with the Town Town's Share of Coverage Retired Employee Spouse 10-14 35% 20% 15-19 50% 35% 20-24 60% 45% 25 or more 70% 50% Such Employees, and their spouses, shall also have the option to elect contributing dental insurance coverage from the Town as long as the Employee or spouse pays 100% of the premium, or the same contribution rate charged by the Town to non-union Employees as of the date of such Employee's retirement, whichever rate shall be less. 12.1.2 Eligibility: To be eligible for coverage, the retiree must be age fifty-five or older, must have at least ten years of continuous full-time service with the Town, and must have been actively employed by the Town on the date of retirement. In addition, the retiree must have applied for and been granted a retirement benefit from the New York State Employees' Retirement System. Notwithstanding the above, an Employee who is terminated or resigns because of pending disciplinary action is not eligible for this benefit, nor is his or her spouse eligible for this benefit. 13 MISCELLANEOUS PROVISIONS 13.1 Travel Expenses 13.1.1 Reimbursement: In the event an Employee is required by the Employer to make a trip, said employee shall be entitled to reimbursement to cover the Employee's actual expenses, upon submission of vouchers or receipts by the Employee verifying the Employee's expenses. Reimbursement of mileage expenses shall be at the then -current IRS mileage rate as approved by the Town Board. 13.2 Return of Town Property 13.2.1 Separation from Employment: Upon separation from employment, an Employee shall return to the Employee's immediate supervisor all Town property in the Employee's possession or assigned to the Employee in substantially the same condition as when received, reasonable wear and tear expected, 1010901761 18 except that with respect to articles of clothing, the Employee is only required to return property in the Employee's possession. Further, the Employee shall be responsible for and reimburse the Employer for any property the Employee willfully damages, destroys or loses. 13.3 Compensatory time 13.3.1 Comp Time: When an Employee is eligible for overtime pay he/she may substitute Comp time at the rate he/she would be entitled to be paid for such work. Comp Leave will be banked into Comp Leave Accruals. Comp Leave may be granted in the same manner as personal time. The Employee's available pool of Comp time shall be capped at and not to exceed a total of seventy-five (75) hours. 13.3.2: Town Board Policies: All Employees shall be subject to the codes and policies adopted by the Town Board, provided the codes and policies do not conflict with this Agreement. 14 APPLICATION OF AGREEMENT Q a. 14.1 Duration of Agreement 14.1.1 This Agreement shall be effective from 01/01/2018 through 12/31/2019. m 14.2 Savings Clause v 14.2.1 If any provision of this Agreement should be adjudicated to be illegal, unlawful, or in violation of any federal, state or local law or rule, then the remainder of the Agreement continues in full force and v effect and only the part which is declared illegal shall be void. a E 'N 14.2.2 Upon the issuance of such decision, the Town and the Union shall negotiate in good faith an 0 adjustment in the affected provisions, portions or applications with the intention of affecting the purpose of the provisions, portions or applications. Q ti 14.3 Legislative Implementation C�,, 00 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS o AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL w W NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. ° r° 0 cV {01090176} 19 14.4 Execution of Agreement IN WITNESS WHEREOF, the parties have caused this Collective Bargaining Agreement to be signed by their respective representatives on TEAMSTERS LOCAL 445 REPRESENTATIVE: Date TOWN OF WAPPINGER REPRESENTATIVE: Date 1010901761 20 SCHEDULE A NEW HIRE RATES OF PAY Employees hired after the ratification of this Agreement shall receive a minimum base wage as follows: A. Laborer Groundskeeper Court Officer Solid Waste Attendant Data Gelleet-of Typist Maintenance Worker B. Clerk (except Court Clerk and Water and Sewer Clerk) Secretary Recreation Assistant Deputy Town Clerk C. Assessor Aide Data Collector Water and Sewer Clerk Dog Control Officer D. Code Enforcement Officer Fire Inspector Recreation Supervisor Court Clerk $15.50 $13.50 per hour $17.50 per hour $17.50 per hour Any Employee who permanently moves to a new position by way of lateral transfer (part of same starting salary group as former position) or promotion (in a higher starting salary group as former position) shall receive a rate of pay of either the starting salary for the new position or current rate plus 5% (five percent), whichever is greater. If the Employee does not fulfill the probationary period for the new position and bumps back to the former position, the rate of pay shall revert to that which the employee was receiving prior to the transfer or promotion. 1010901761 21 SCHEDULE B SICK LEAVE BANK DONATION FORM (Enrollment changes may only be submitted annually, during the period January 1 to March 31) TO BE COMPLETED BY THE EMPLOYEE DONATING LEAVE Name Position/Title Department _ ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ENROLLMENT Donation will be deducted from your accumulated sick leave upon submission of this form. ( ) Initial enrollment ( ) Currently in Bank. I am donating days of accrued sick leave. Following this donation, I will have days of accrued sick leave. I have read and understand the Sick Leave Bank policy contained in Article 8.4 of my collective bargaining agreement and voluntarily donate the above days. I understand I will be able to request withdrawal of days from the Bank according to the policy should it become necessary. Signature Date ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DONATION APPROVED: , Committee Chairperson Date {01090176} 22 SCHEDULE C SICK LEAVE BANK REQUEST FORM TO BE COMPLETED BY THE EMPLOYEE REQUESTING LEAVE Name Position/Title Department ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NUMBER OF DAYS REQUESTED FROM THE SICK LEAVE BANK: Please give a description of the illness or accident related to the request for Sick Leave Bank benefits (additional sheets may be used if necessary), and submit verifying medical documentation. I hereby authorize the Town of Wappinger to release information from my personnel file regarding my medical history, physician's records and/or letter, and use of sick leave in order that the Sick Leave Bank Committee may determinate if I am eligible for leave days from the Sick Leave Bank. I understand the Sick Leave Bank policy and that the decision of the Sick Leave Bank Committee is final. Employee's Signature (of family member/agent) Date ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FOR SICK LEAVE BANK COMMITTEE OFFICE USE ONLY REQUEST APPROVED: ( ) YES ( ) NO NUMBER OF DAY APPROVED: SIGNATURE OF COMMITTEE CHAIRPERSON: DATE: {01090176} 23