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Wednesday, July 24, 2013

Galloway Police Officers Win in Court Ruling to Receive Pay for Military Drill Weekends

The Township of Galloway and the New Jersey State Policeman's Benevolent Association (PBA), Mainland Local #77, which represents the Police Officers in Galloway, have been spending time in and out of Court since January 2012, over a Standard Operating Procedure (SOP) issued by Chief of Police Patrick Moran regarding time off for Military Drill. 

According to the Court Documents released by the Township through an Open Public Records request,  Moran issued a Special Order on January 13, 2012, which would discontinue the practice of paying officers for military drills (weekends). Moran clarified in a statement, "the military drills are not to be confused with active military duty where orders are issued." Moran's special orders only included weekend drill only. 


According to the Special Order issued by Moran, "in compliance with the laws regarding military, Officers will be allowed to utilize compensatory time, benefit time, trade shifts, or take leave without pay to attend military drill." 

After Moran's Special Order was issued, the PBA filed a grievance against the Township on February 14, 2012. The Union alleged a breach in the Township's collective bargaining agreement with the PBA. The PBA alleged in the grievance "that time off with pay for military weekend drill has been past practice and the issuance of the SOP violated the Continuation of Benefits clause in the parties' Agreement." According to the Court Document, for the past 20 years the Township had given police officers off with pay for their drill weekends, if the drill overlapped with their scheduled shift. 

On January 28, 2013, the PBA's grievance was upheld by the Arbitrator overseeing the case. The Township disputed the arbitrators decision and filed an appeal in Atlantic County Superior Court alleging the Arbitrator failed to Rule on Applicable State Law thus constituting a mistake of Law. 

In the appeal, the Township requested the court to decide if the arbitration award should be vacated because said award requires the Township to pay police officers for weekend drills in violation of law. The Township also alleged the Arbitrator failed to consider the Public Interest and Welfare, thus violating standards set for Public Sector Arbitration. 

Atlantic County Superior Court heard the case and ruled on July 18, 2013, in favor of the PBA. According to the Final Order Judgment, the Judge ordered in part, "to make whole all affected Township Police Officers for any lost wages and/or contractual leave charged for the purpose of weekend military drills retroactive to July 13, 2012."  

The Galloway Police Department currently has five (5) police officers who are Military Personnel that this ruling affected. According to Moran, the five Police Officers are Raymond Casanova, Patrick Neal, Rita Abatemarco, Paul Smith and Kevin Costa.  According to the Arbitrator documents, these officers are part of the National Guard and Reserves who are "ordered to attend unit training assemblies (i.e. drill weekends)."

In a request for comment regarding the Judge's decision, Ray Theriault, President of the Mainland PBA Local #77 stated, "I find it troubling especially during this time of the war on terrorists that the Twp has chosen to arbitrarily eliminate a long standing benefit the citizen soldiers of the GTPD have enjoyed without due process. As you know, we grieved their decision and won. They appealed that decision and lost that too. I can't read their minds but I would expect them to appeal that decision as well. When they lose that one, they will have no choice but to make their citizen soldier's that are officers whole regarding the time and money they have lost. There is a process for them to follow if they are not happy with a benefit enjoyed by the members of GTPD and that process is contract negotiations. They can't just arbitrarily change benefits and expect to get away with it."  

Regarding the amount of legal fees the PBA has spent in the case, Theriault further stated, "If our attorney's feel it is appropriate to seek restitution for their fees then we will do so."  In response to the PBA, Moran stated, "I would also expect that if the Township's position is incorrect, that the PBA would do what they feel is right for their members." 

In a request for comment regarding the Judge's decision and what if any the Township's next move would be, Chief of Police Patrick Moran stated, "It is believed that the statute does not allow for the payment for military drill weekends; that has already been established and ruled upon by Civil Service.  Therefore, by Civil service’s interpretation of the statute, officers cannot get paid for military drill but they can take time off or the employer and employee can agree to a schedule change(that is in the briefs you OPRa’d).  However, it has not been decided for non-civil service departments.  Most Non-Civil Service departments change the officers schedules, Galloway has had a past practice of paying for weekend drill.  Budget considerations and savings were considered originally, however, it is believed that the statute does not allow for the payment, therefore there is no way to pay legally.

Judge Baten ruled in favor of the arbitrator’s award due to jurisdictional issues and not the details of the case and from what I am told, the Township will be appealing it.

Please be clear to ensure that this issue is not confused with active military duty, where orders are issued.  This is about weekend drill only.  If the Township’s appeal is lost, and the payment is deemed to be legal, the monies owed will be paid according to law and/or by whatever conditions are set or agreed upon by the Township and the PBA.

I also want to be clear that this is not a question as to whether we support or do not support the military.   We support the officers in the military 100% and we follow the payments and rules governing Military leave set by law.  This is about saving tax payer dollars and abiding by the law for dispersing public funds."   

The PBA indicated in their statement that the Township could have followed the process through negotiations. Moran in response to that statement said "there were unsuccessful attempts to discuss the matter; however, with the interpretation that "the law does not allow for the payment of military drill weekends", I am not sure it could have been negotiated."

To our knowledge, the Township has 45 days to appeal the Superior Court's decision. Moran stated, "from what I am told, the Township will be appealing it." That decision of appeal would have to come from either the Manager or Council, or a combination of the two, according to Moran. 

According to N.J.S.A. 40:43 et seq, the powers regarding litigation are solely with the Governing Body. GallowayTwpNews.com will follow this case and Council's decision to appeal the Judge's decision, if a vote of Council occurs. 

GallowayTwpNews.com has released below in full all of the documents we OPRA'd from the Township regarding this case. 

Gallowaytwpnews 7-23-2013 A by GallowayTwpNews


27 comments:

Anonymous said...

Council shouldn't vote to appeal this decision. Those cops have served our country in war and now the Township wants to tell them they won't receive pay for drill training? Give me a break. They are the reason we have freedom. Council should be supporting our military. Not taking away their money for their service.

Anonymous said...

I think the least we can so as a community and tax payers is to support our cops and military. I have no problems spending money knowing this group is protecting us at home and abroad. Give them the money and stop wasting it on useless lawsuits. We have had enough of those.

Anonymous said...

According to the previous comments, I guess "supporting our military" means letting them draw two paychecks for the same time - once by the township, and once by the Guard. As a taxpayer, I don't think that's right. But I see other commenters don't mind their money being wasted...

Anonymous said...

Between this story and the story in the Press not one member of council commented. What is councils opinion on this mess? Did the Mayor really authorize the Town to sue the PBA and its membership over military pay when he has cost the taxpayers millions of dollars in lawsuits? Council probably had no clue.

Anonymous said...

This is called a Chief pulling rank under title 40 like he always does and then gets slapped by two decisions telling him he was wrong. Yet Galloway will appeal it.....again? STOP wasting my tax payer money on this crap.

Anonymous said...

Sounds like sour grapes to me. Just look at the Chief's response. As for the pay, they get paid from the military so, it's not about the money I'm sure. It is an added benefit that has been afforded to military members and it is a practice done by most PD's throughout the country. When an official makes a decision to take a benefit away, it is typically out of spite.

Anonymous said...

I think the fair thing to do is to have the township pay them the difference that they lost while attending weekend drills., this way they are not penalized for being in the Guard or Reserves, and they do not benefit financially. It would be a wash. This supports the military officers and looks out for taxpayers.

Anonymous said...

To the individual complaining about "letting them draw two paychecks for the same time", the pay that they receive from the military is but a fraction of their PD pay so, taking away two days pay that has been in their contract is only punishing those that serve. So yeah I have no problem paying them twice all things considered. It's called double dipping and not only the police do it. It's not a waste by any means considering the sacrifice that they make to serve.

Anonymous said...

I would hope the editor throws the challenge flag on the chief stating they paid out $165,000 in 2009 just for military weekends? I think someone is indulging to make officers look bad. Especially putting their names and salaries.

Liberty Happiness said...

First, Chief of Police Patrick Moran is doing what I think a good leader would do and the council should try to appeal this. Question : would a self employed Galloway TWP resident get a credit towards his military reserve drill time? I am assuming they are being compensated for the drill time already.

Second, this is a side issue:
I am not appreciative of the mixing of police ( a domestic law enforcement organization ) being involved in military activities. The militarization of our police departments is a national concern and a threat to our civil liberties.

Anonymous said...

To Liberty Happiness....Are you For Real!!!

Anonymous said...

You are entitled to your views Liberty and Happiness, but they aren't particularly relevant. The question here is about a collective bargaining agreement- a contract- not some philosophical meandering. Would a self employed member of the township expect a contract he signed, say with a building contractor, to be honored? I think he would. Maybe you feel public employees have it too good or that they shouldn't be in unions or have contracts. Okay. But it isn't relevant. Because these men and women ARE in a union and they DO have a binding contract. The chief also has a binding contract. Do you think he would "lead" himself into his own contract being ignored?

Publisher said...

To anonymous @2:15pm. I have sent a request to the Chief requesting how he calculated the $165,000 for 2009. I also asked if he could provide how much he is calculating the Township spent in 2010 and 2011 as the SOP was issued in 2012. I will post same when I receive a response. Thank you.

Anonymous said...

Wow. Kinda funny that the chief, after being called out here in comments for indulging the $165,000 he was quoted saying officers received in weekend military pay, goes on press online to issue a clarification showing how inflated that number was. Wow chief.

Liberty Happiness said...

I agree with you "Anonymous 2" if you talking about Article XIX that made it a provision that they would not lose any benefits or pay they enjoy at the time of the contract. I think if this is true than this is a losing issue for the taxpayer. We have been paying this in the past. So why not keep paying, maybe the TWP can just grandfather the police officers for now. How much money is this costing the TWP?
Do I think public employee have it too good? generally No They certainly do have a right to have a union contract that is blinding! We the taxpayers of Galloway should only give them what we can afford? My point it is a bad deal for the people of Galloway TWP and the TWP enter into a bad contract. We should hold the city council responsible for this mess. Well ,that would be a change to see from the voting citizen in Galloway.

Anonymous said...

To Liberty Happiness....Are you For Real!!!

Well, I am not a Bot maybe a jerk or an idiot it depends on you who ask. I am guessing you did not agree with my post but you did not tell me why? Oh well you could have won your argument.

Anonymous said...

Please cut me a break Chief. There is no additional cost for insurance as the officers get that anyway whether on or off duty. Also, every time an officer is out, is he replaced with someone - every single time?

Anonymous said...

Why is the Chief the only one commenting on this? He said the Manager and Council make the decision. Lets hear from them. And maybe the American Legion or other vets out there.

Anonymous said...

Mayor Sir Don Purdy won't comment, especially not against his vacation buddy. How are those bikes doing guys?

Anonymous said...

I believe the Chief was trying to do the right thing in saving money but just went about it the wrong way. Even if the union wouldn't negotiate I'm sure there was a reason why but it doesn't give him the power of all to just take something like that away. Save money somewhere else, not against the military. Glad to see the courts got this right.

Art Axelson said...

To anonymous at 0531...Do you have any idea the courage it takes to wear two uniforms that put your life in danger? One weekend a month, these few officers swap their GTPD uniforms and don the uniform of our military to train for war. As a taxpayer, you don't think it's right? Do you even know what we earn per drill weekend? After taxes, and based on rank, we might clear $250. Training to defend your dumb ass hardly touches "your tax dollars". There are far greater expenditures of our tax dollars for you to be upset about. Your anonymous because you are an idiot. Remove your head from your rectum and just say thanks next time.

Anonymous said...
According to the previous comments, I guess "supporting our military" means letting them draw two paychecks for the same time - once by the township, and once by the Guard. As a taxpayer, I don't think that's right. But I see other commenters don't mind their money being wasted...
July 25, 2013 at 5:31 AM

Anonymous said...

Why did the Chief of Police start a Facebook page just before the news broke on what he did here? I find it self serving to do such a thing. Ask the public to support you right before the public sees that you went against your own department and took something away that you were not allowed to do, yet you want support from the public? One councilman already said they support the judges decision. I'm highly disappointed the Chief would do that.

Publisher said...

To Anonymous @ 2:48pm. A statement issued by the Chief on Tuesday July 23, 2013 was:
"I was advised by one of my dispatchers today at 10:38 AM that it was put up. It is not a governmental issue, it is a private face book page. Neither I or the PD is involved in the admin of it."

Anonymous said...

How is it not a governmental issue? It's not different than the Galloway Township Facebook page. It was done by a private citizen yet the Township uses it. It doesn't matter, the Chief is written all over that page. I personally view it as a slap in the face to everyone out there. Lets start I support Mayor Don Purdy, Tony Coppola, Jim Gorman and so on and so forth.

Anonymous said...

Well said. You can't interchange governmental and non governmental issue when you are the Chief of Police. Everything should be a government issue, especially when your face is planted all over it. Doesn't pass the sniff test here.

Anonymous said...

This is a contract matter, which was first offered three years ago. The proposal was to give employees in the guards or reserves their township pay minus the amount of military pay for their training weekends and regular two week duty tour. Those activated for longer tours would get the same pay differential. While on military duty, the employees would still have township health care benefits for their families but any injuries or illness that occurred on military time would have to be covered by military insurances. Township sick or vacation leave time could be used to cover absences caused by military-incurred illness or injury. No employee would be eligible for township workmen’s compensation pay if injured in military service. Employees would not lose seniority even for extended tours of active duty but would not get new sick or vacation leave time. Now, all of this would protect township taxpayers from paying twice for employees on military leave, it gives reassurance to employees that their jobs, seniority and base pay are protected, and the township benefits from employees learning skills through their military training and service. Feel free to use this in the next round of contract negotiations.

Anonymous said...

There are 460,000 citizen Soldiers and Airmen equally adept at fighting either an enemy overseas or a natural disaster at home. Specially trained and committed men and women who raise their hands to voluntarily serve their country, state and community. Men and women who have the support and strength of their families and leave behind their loved ones to serve those in greater need.

Our National Guardsmen serve with distinction and have left behind a legacy of service as the oldest branch of the armed forces in our country's history. This legacy includes deploying individually more than 750,000 times overseas since 9/11. More than 50 percent are seasoned combat veterans.

They accomplished all while providing the nation untold value, especially important given the fiscally constrained times in which we live. Guard members are only paid when we’re in uniform. Our soldiers and airmen retire later, costing less in pension entitlements. Our New Jersey Air National Guard keeps our skies safe from New York City to Washington D.C. to prevent 9/11 from ever occurring again.

Even when mobilized, Guard members do not need expensive bases and services, and have reduced overall health costs.

The National Guard legacy has saved lives, protected property and helped restore normalcy after natural and man-made disasters. As hundreds ran to safety after the first Boston Marathon explosion, Guard members ran toward danger to help victims. Closer to home, our New Jersey National Guardsmen answered the call and responded to evacuate thousands of our very own state residents during the aftermath of Sandy providing food, water, and shelter for those displaced. They stood Guard securing some of the most devastated communities along our shoreline and in our state.

In 2012 alone, Guard members answered the call more than 100 times to help neighbors recover from hurricanes, floods and wildfires. The National Guard has always been ready, always been there for our nation. That is yet another legacy, one that goes back to before our nation’s founding.

As some become critical of their service and the cost to allow them to train, reflect on the legacy left to us by citizen Soldiers and Airmen over almost four centuries. Pay tribute to those who have come before us by working hard to preserve the well-trained, ready and cost-effective force our nation and communities depend on to protect us at home and abroad. A cost that is minimal for the sacrifices they and their families make to train and respond to the worst of situations when our communities, state, and country call for help!


Anonymous said...

i heard that Purdy and the chief arent so tight since the chief turned him in for code violations a few months back. thats why he hasnt made any comments. he is pushing this one on the chief, payback.

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