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HomeMy WebLinkAbout2010_12_07 Town Board Minutes December 7, 2010 MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 7, 2010, BEGINNING AT 5:30PM IN CONFERENCE ROOM A,TOWN CENTER,740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M.O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C.Odierna TELEPHONICALLY: Councilman David J. Fishman ALSO PRESENT: Christina Battalia,Town Clerk Stephen V.Altieri,Town Administrator Mary Stanton,Assistant to the Administrator Police Chief, Richard Rivera, CALL TO ORDER On motion of Supervisor O'Keeffe,seconded by Councilman Odierna,the Special Meeting was unanimously opened at 5:30PM. Mr.Altieri explained that the preliminary budget called for the elimination of one Police Officer. Mr.Altieri continued stating that the Police Benevolent Association approached him with a plan to not layoff an officer, but instead offer a retirement incentive. The Town Board reviewed a draft of the Retirement Incentive. Chief Rivera explained that part of the plan would be to add a 'Swing Sergeant'from the existing staff. Chief Rivera continued stating this was last done ten years ago.This would eliminate$75,000 in overtime and add $14,000 in additional salary. On motion of Councilman Odierna,seconded by Councilwoman Wittner,the following was approved; WHEREAS,the Town of Mamaroneck has determined that ever-increasing costs necessitate an effort to consider a range of possibilities for reducing Town expenditures; and WHEREAS,the Town of Mamaroneck has determined that offering a retirement incentive plan to employees in the bargaining unit represented by the Town of Mamaroneck PBA, Inc.(the"PBA")is a way to reduce the Town's future expenditures. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the terms and conditions of the Voluntary Retirement Incentive Plan ("the Plan") negotiated between the Town and the PBA in the form attached hereto,which is conditioned upon,among other things,eligible PBA unit members resigning their employment by February 27,2011,and BE IT, FURTHER RESOLVED,that the eligible employees shall have until December 14, 2010 to elect to participate in the Plan,and that the Plan shall expire,for all purposes, on December 15,2010,except as provided therein. The Plan shall have no precedential effect,and BE IT, FURTHER 1 December 7, 2010 Resolved,that the Town Administrator is hereby authorized on behalf of the Town to enter into the Plan in the form attached hereto,and take any and all actions as he deems necessary to implement and carry out the Plan. The above resolution was put to a roll call vote: Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby amend the Preliminary Budget to reflect the Town Administrator's memorandum dated December 6,2010 outlining the creation of a sixth Police Sergeant slot. The above resolution was put to a roll call vote: Odierna Aye Wittner Aye O'Keeffe Aye RETIREMENT INCENTIVE PLAN THIS AGREEMENT describes the terms and conditions of a retirement incentive plan which the Town of Mamaroneck (the "Town") is offering to employees in the bargaining unit represented by the Town of Mamaroneck PBA, Inc.(the"PBA"): 1. General The Retirement Incentive Plan of the Town of Mamaroneck (the "Plan") was approved by the Town Board (the "Board"). The Plan offers an incentive benefit to Town employees in the PBA bargaining unit that (1) meet the eligibility requirements of the Plan, (2) elect to participate in the plan, and (3) voluntarily resign for purposes of retirement effective the date upon which they exhaust their accrued vacation leave or February 27, 2011, whichever occurs first. The Plan shall be the only retirement incentive plan in effect for eligible employees in the PBA bargaining unit. 2. Eligibility Requirements A Town employee is eligible to participate in the Plan ("Eligible Employee") if the employee meets all of the following requirements: (a) The employee is a member of the PBA bargaining unit. (b) The employee has completed at least 20 years of continuous full time employment as a police officer in New York State by February 27,2011. (c) The employee voluntarily resigns from employment with the Town for purposes of retirement effective the date upon which he or she exhausts his or her accrued vacation leave or February 27,2011,whichever occurs first. An individual will lose Eligible Employee status if his or her employment is terminated pursuant to the Civil Service Law on or before February 27, 2011. An individual who loses Eligible Employee status may not take part in the Plan,even if he or she has already been deemed a Plan Participant as defined in Paragraph 4. 3. Election Period Eligible Employees who wish to participate in the Plan must elect to do so on or before December 14, 2010, and in accordance with the Plan Participation as set forth herein in Paragraph 4. 2 December 7, 2010 4. Plan Participation Requirements: The decision to participate in the Plan is completely voluntary. An Eligible Employee's acceptance or rejection of the offer to participate in the Plan will have no effect upon the Town management's determination as to the future of that individual's position or benefits. Once Eligible Employees complete the requirements set forth in Paragraph 4(a), (b) and (c) herein,they will have satisfied the requirements for Plan participation and be deemed "Plan Participants." An Eligible Employee who does not fully complete the requirements of Paragraph 4(a), (b) and (c) is not a Plan Participant,and will not receive the incentive benefit under the Plan. (a) Voluntary Election Form and Resignation for Purposes of Retirement(Attachment A): On or before December 14, 2010, the Eligible Employee must properly execute and submit to the Town Administrator the Voluntary Election Form and Resignation (the "Election Form," Attachment A to this agreement). On the Election Form,the Eligible Employee must indicate that he or she is voluntarily electing to participate in the Plan and that he or she voluntarily resigns from employment with the Town for purposes of retirement effective the date upon which he or she exhausts his or her accrued vacation leave or February 27, 2011, whichever comes first. The Eligible Employee must also agree to not report to work after December 31, 2010 for regularly scheduled tours, and that he or she shall be placed on vacation leave effective January 1, 2011, and have his accrued vacation leave charged accordingly through the date of his or her resignation. (b) Separation and Release Agreement(Attachment B): On or before December 14, 2010, the Eligible Employee must properly execute and submit to the Town Administrator the Release Agreement (the "Release," Attachment B to this agreement). The Release sets forth the nature and amount of the Eligible Employee's Plan benefits. It provides that the Eligible Employee's execution of the Release will constitute a waiver and release of every claim that he or she might otherwise have arising out of his or her employment or separation from employment with the Town. By signing the Release,the Eligible Employee waives any and all legal claims he or she may have against the Town. The terms of the Release are incorporated herein. If the Eligible Employee chooses to enter into the Release, he or she will have seven (7) days in which to revoke that decision following his or her execution and submission of the signed Release. If the Release is not revoked within the seven (7) day time period, the Eligible Employee's decision to (1) receive the incentive benefits under the Plan; (2) resign for purposes of retirement effective the date upon which he or she exhausts his or her accrued vacation leave or February 27, 2011, whichever occurs first; and (3) waive and release all possible claims against the Town becomes final. After this time, the Eligible Employee cannot revoke his or her Election Form or Release. Any Eligible Employee who revokes the Release within seven (7) days of executing it will not receive the incentive benefits under the Plan. (c) Effective Resignation Date of February 27,2011: In order to receive the incentive benefits under the Plan, Eligible Employees must voluntarily resign from their employment with the Town for purposes of retirement the date upon which they exhaust their accrued vacation leave or February 27,2011,whichever occurs first. 5. Plan Benefits Plan Participants will receive incentive benefits based on completing 20 years of service as a police officer in New York State,as follows: (a) Incentive Benefits Plan Participants will receive an incentive benefit of $15,000, less applicable payroll taxes, withholdings and deductions. Plan Participants will receive their longevity payment for 2011 in the amount determined by Article 12 of the collective bargaining agreement between the Town and the PBA, less applicable payroll taxes, withholdings and deductions. (b) Timing of Payment of Incentive Benefit and Eligible Holidays Plan Participants will be paid their incentive benefits(including their 2011 longevity payment and payment for four eligible holidays—New Year's Day, Dr. Martin Luther King's Birthday, President Abraham Lincoln's 3 December 7, 2010 Birthday and President George Washington's Birthday) on or before the effective date of their resignation for purposes of retirement. (c) Method of Payment Unless otherwise specified, a Plan Participant's incentive benefits will be paid in cash, less applicable payroll taxes, withholdings and deductions. Plan Participants, who maintain a 403(b) retirement account, shall have the option of electing to have their incentive benefits deferred into their 403(b) retirement accounts, to the extent legally permissible and consistent with the terms of the retirement account, up to the applicable contribution limit. In order to have the incentive deferred into a 403(b) account, a Plan Participant must authorize the Town to make this deferral on the Election Form (Attachment A). In the event that the amount a Plan Participant elects to defer to their 403(b) retirement account exceeds the applicable contribution limit,the excess amount shall be paid to the Plan Participant in cash, less applicable payroll taxes,withholdings and deductions. The PBA acknowledges that the Town has made no representation to the PBA or its members as to the position of the Internal Revenue Service ("IRS") regarding the tax-deferred status of contributions made to Plan Participants'403(b) retirement accounts. In no event shall payment of the incentive benefits be made if the Plan Participant re-enters service with the Town as an employee. 6. Effect of the Plan on other Town Benefits Some Eligible Employees may not yet be eligible for regular retirement under the New York State Police and Fire Retirement System. Such employees may choose to take early retirement in order to take advantage of the Plan; however, such an election may decrease future pension income. Employees are encouraged to contact the New York State Police and Fire Retirement System to determine their eligibility for retirement under the State Retirement System, and their projected pension income should they resign on the date required by the Plan. This Plan shall not affect any contractual benefit(s) Plan Participants are otherwise entitled to receive upon resignation for purposes of retirement. 7. Amendment or Termination of the Plan The Board reserves the right to modify,amend or terminate (in whole or in part) any or all of the provisions of the Plan. The Board reserves the right, at any time, to discontinue or terminate the Plan. Any Plan amendment shall be made by Board resolution. Any such amendment,discontinuance or termination shall be effective at such date as the Board shall determine. No Plan amendment shall, in any way, affect a Plan Participant's right to Plan benefits, or diminish or eliminate any claims for Plan benefits to which the Plan Participant shall have become entitled to before such amendment. If not terminated sooner, the Plan will terminate on December 15, 2010, except for purposes of permissible revocation by a Plan Participant as detailed in Paragraph 4(b) herein or for the Town to fulfill its obligations hereunder. The PBA herewith waives the applicability of Section 209-a.1(e) of the Public Employees' Fair Employment Act to the entirety of the subject matter of this Retirement Incentive Plan. 8. Voluntary Plan The adoption of the Plan is purely voluntary on the part of the Town and shall not be deemed to constitute a contract between the Town, any employee or other person not in the employ of the Town; or to be a consideration for, or an inducement or condition of,the employment of any employee, or other person, or to give any right to be retained in the employ of the Town; or to interfere with the right of an employee to quit at any time, or to interfere with the right of the Town to discharge any employee or other person at any time. 9. No Rights Accrued or Created Nothing in the Plan shall be construed as giving to an employee of the Town a right to receive any benefit other than the benefits specifically provided under the terms of the Plan. Nothing in the Plan shall be construed to limit in any manner the right of the Town to discharge, demote, downgrade, transfer, relocate, or in any other manner treat or deal with any person in its employ, subject to the terms of any governing collective bargaining agreement, without regard to the effect such treatment or dealing may have upon such person as someone who might otherwise have become (or remained) an Eligible Employee, which right is hereby reserved. No benefits shall be deemed to accrue under the Plan at any time except the time at which they become payable under the Plan, and no right to a benefit under the Plan shall be deemed to vest before an Eligible Employee signs and does not revoke the Separation Agreement and Release. 4 December 7, 2010 10. Severability If any provision of the Plan shall be held illegal or invalid for any reason,such illegality or invalidity shall not affect the remaining provisions of the Plan, and the Plan shall be construed and enforced as if such illegal and invalid provisions had never been set forth in the Plan. 11. Non-Assignment of Benefits No benefits payable under the Plan shall be subject to assignment, transfer, sale, pledge or other encumbrance,and any attempt to do so shall be void. 12. Additional Information About the Plan Eligible Employees who seek additional information about the Plan should contact Mary Stanton, Assistant to the Town Administrator at(914)381-7812. IN WITNESS WHEREOF,this Plan document is hereby executed this_th day of December,2010. TOWN OF MAMARONECK By: Stephen V.Altieri,Town Administrator PBA BARGAINING UNIT By: ATTACHMENT A Voluntary Election Form and Resignation Dear Mr.Altieri, This letter is to inform you that I am voluntarily electing to take part in the Retirement Incentive Plan. Therefore, I hereby resign from my position with the Town for purposes of retirement effective the date upon which I exhaust my accrued vacation leave or February 27, 2011,whichever occurs first. I agree that I am not to report to work after December 31, 2010 for regularly scheduled tours, and will be placed on vacation leave effective January 1, 2011. 1 understand that the Town will charge my accrued vacation leave from January 1,2011 through the date of my resignation. I further understand that to the extent I have any accrued vacation leave remaining on February 27, 2011,the Town will compensate me for my unused days, less any applicable payroll taxes,withholdings and deductions. Please note that my resignation for purposes of voluntary retirement is effective solely upon my inclusion as an eligible employee under the terms of the Retirement Incentive Plan and my execution and submission to you of the Release,Attachment B to the Retirement Incentive Plan. I understand that if I do not revoke my Release within seven (7) days after I have executed it, my voluntary decision to take part in the Retirement Incentive Plan becomes final and I cannot revoke this letter of resignation after that time. My election for the payment of my incentive benefit is as follows: Pay my incentive benefit to me in cash, less applicable payroll taxes, withholdings and deductions. Defer my incentive benefit to my 403(b) retirement account, up to my contribution limit. I understand that any excess incentive benefit will be paid to me in cash. By signing this Election Form, I authorize the Town to make this deferment to my 403(b)account. Defer of my incentive benefit to my 403(b) retirement account, with the remainder of the benefit paid to me in cash. I understand that in the event the aforementioned amount is in excess of my contribution limit, the Town will defer only that amount necessary to reach my applicable contribution limit, with the excess being paid to me in cash. By signing this Election Form, I authorize the Town to make this deferment to my 403(b) account. Dated: Employee Name Please Print Employee Signature 5 December 7, 2010 ATTACHMENT B RETIREMENT INCENTIVE AGREEMENT AND RELEASE I. Release and Waiver 1. 1 understand that the Town of Mamaroneck's Retirement Incentive Plan (the "Plan") is completely voluntary and I am electing to accept the Plan voluntarily, and of my own free will. I understand that the decision whether to accept or reject the Plan is entirely within my own discretion. 2. (a) I understand that my last day of employment with the Town of Mamaroneck (the "Town") will be the date I exhaust my accrued vacation leave or February 27, 2011,whichever occurs first. I understand that my salary will end on the date of my effective resignation and that the Town will remove me from its payroll. (b) I understand that, by signing this Agreement and Release, I am accepting the Plan and resigning from my employment with the Town, effective the date upon which I exhaust my accrued vacation leave or February 27,2011,whichever occurs first. 3. 1 acknowledge that, on or before December 14, 2010, 1 must give to the Town Administrator my Voluntary Election Form and Resignation, which will be effective the date I exhaust my accrued vacation leave or February 27,2011,whichever occurs first. 4. In consideration for the Incentive Amount of fifteen thousand dollars ($15,000) and my longevity payment for the year 2011, 1 will receive under the Plan, less applicable payroll taxes, withholdings and deductions, I and any person acting by,through, or under me, (such as my heirs, executors, administrators, and assigns) release, waive, and forever discharge the Town, its past, present and future Trustees, agents, employees, officers, directors, successors, and assigns from any and all actions, demands, obligations, agreements, or proceedings of any kind, whether known or unknown, at this time, arising out of, or connected with, my employment with the Town and/or my separation from the Town, including, but not limited to any claims of breach of contract (express or implied) or collective bargaining agreement, improper practice charges, claims for unpaid wages or benefits,wrongful termination or abusive discharge; claims of defamation of character, infliction of emotional distress or other tort; and any claims under any federal, state or local law dealing with discrimination or harassment on the basis of sex or sexual orientation, race, color, ancestry or national origin, religion or creed, marital status, or handicap or disability, and/or any other category protected by law. Claims covered by this Release paragraph include, but are not limited to, claims under the federal Americans with Disabilities Act, as amended,the Title VII of the federal Civil Rights Act of 1964, as amended, the New York State Labor Law, the New York State Civil Service Law,the New York State Civil Rights Law,and the New York State Human Rights Law,or pursuant to any other federal, state and/or local Constitution, laws, regulations, orders, policies, or practices, including claims for retaliation for asserting any claims under any such laws, and including damages, attorney's fees, costs and expenses or any other claims for relief. I also waive any right to future employment with the Town. I understand this release does not apply to any claims or rights that may arise after the date that I signed this release,the consideration for this release, any vested rights under the Town's employee benefits plans as applicable on the date I sign this release, if I have any, and any claims that the controlling law provides may not be released by private agreement, such as, but not limited to,claims for workplace illness or injury under workers compensation laws. II. Voluntary Agreement;Advice of Counsel I acknowledge that: (a) I have read this document, and I understand its legal and binding effect. I am acting voluntarily and of my own free will in executing this release. (b) The consideration for this release is in addition to anything of value to which I already am entitled. (c) The Town is hereby advising me to consult with an attorney before signing this release. (d) I have had sufficient opportunity to seek legal counsel before signing this release. (e) I have had a reasonable amount of time to consult with my attorney,family and/or financial advisor to consider the Plan and the Release. 6 December 7, 2010 (f) I understand and agree that in return for the consideration the Town is supplying, I am waiving all claims against the Town arising at any time up to my execution of this Agreement. (g) I understand and agree that in return for the consideration the Town is supplying, I am waiving any and all claims I may have against the Town arising from the beginning of time up to and including the date of my execution of this Agreement. III. Revocation I understand that if I sign this Agreement and Release, I can change my mind and revoke it within seven (7) days after signing it by sending and delivering a written revocation notice to Stephen Altieri, Town Administrator, at Town of Mamaroneck, 740 West Boston Post Road, Mamaroneck, NY 10543 by hand or mail within seven calendar days after I have signed this Agreement and Release. If sent by mail, the revocation must be (a) postmarked within the seven-day period; (b) properly addressed to Stephen Altieri; and (c) sent certified mail, return receipt requested. I understand that this Agreement and Release will not be effective until after this seven-day period has expired. If the final day for revoking this agreement falls on a weekend or holiday, I understand I have until the end of the next business day to revoke. IV. Binding Agreement I understand that, following the seven-day revocation period, this Agreement, including the release and waiver above, will be final and binding. I also understand that,following the seven-day revocation period, my decision to voluntarily resign from employment with the Town will be final. I promise that I will not pursue any claim that I have settled by this release. If I break this promise, I agree to pay all of the Town's costs and expenses(including reasonable attorneys'fees) related to the defense of any claims. I also recognize that the Town may be entitled to recover costs and attorneys'fees incurred by the Town as specifically authorized under applicable law. I further understand that nothing in this release generally prevents me from filing a charge or complaint with, or from participating in an investigation or proceeding conducted by the EEOC, NLRB, or any other federal, state or local agency charged with the enforcement of any employment laws, although by signing this release I am waiving my right to individual relief based on claims asserted in such a charge or complaint. V. Town Property I agree to return all confidential information, firearms, computer hardware or software, files, papers, memoranda, correspondence, financial data, credit cards, keys, tape recordings, pictures, and security access cards, and any other items of any nature which were or are the property of the Town, on or before December 31, 2010. 1 further agree not to retain any copies of any such property in my possession or under my control unless such information is public information. VI. General Provisions This Agreement, and its validity, shall be construed under New York law and enforced in accordance with the laws of the State of New York. This release constitutes the complete and total agreement between the Town and me with respect to issues addressed in this release. I represent that, in entering into this Agreement and Release, I am not relying on any other agreements or oral representations not fully expressed in this document and the Town of Mamaroneck's Retirement Incentive Plan. I agree that this release shall not be modified, altered, or discharged except by written instrument signed by an authorized Town representative and me. The headings in this document are for reference only, and shall not in any way affect the meaning or interpretation of this release. I further agree that this document may be used as evidence in a subsequent proceeding in which the Town or I allege a breach of this release or as a complete defense to any claim released in this Agreement.Other than this exception, I agree that this release will not be introduced as evidence in any administrative proceeding, arbitration or lawsuit. I agree that should any part of this release be found to be void or unenforceable by a court of competent jurisdiction, that determination will not affect the remainder of this release. I agree that the language of all parts of this Agreement shall be construed as a whole, according to its fair meaning,and not strictly for or against either party, regardless of who drafted it. I have read and understand this Agreement and Release. I accept the consideration stated above and agree to be bound by the terms of this Agreement and Release. Dated: Signature: Name Printed: 7 December 7, 2010 ADJOURNMENT On motion of Councilman Odierna,seconded by Councilwoman Wittner the meeting was unanimously adjourned at 6:10 PM. Submitted by Christina Battalia,Town Clerk 8