WEST WINDSOR — An arbitrator has ruled against the township in a battle over who should pay for helicopter flying lessons taken by two police officers, but an appeal is already under way, officials said.

Owing to a loophole in their contract, two West Windsor officers were able to go to helicopter training school and bill it all to the township. The contract stated the officers could be reimbursed with money available to help them achieve a higher academic standing, but it didn’t specify that the courses had to be job related.

An arbitrator recently ruled that the contract language was clear enough and that the township must reimburse the officers for the $38,112 in helicopter tuition for 2012.

The township has already repaid the officers $14,860 for flying classes taken in 2011, said business administrator Marlena Schmid.

The township is taking the arbitrator’s decision to an appellate court, township attorney Mike Herbert said. If the decision is not overturned, West Windsor will go all the way to the New Jersey Supreme Court, a process that could take two to three years, he said.

Township officials say the officers have gotten free helicopter rides at taxpayer expense for no legitimate purpose. “We have two officers that will be able to retire and pilot helicopters as a second career and be able to draw on pensions from their first jobs,” Herbert said.

According to Council President Kamal Khanna, a contract that was put in place several years ago allowed the officers to take any college-level course they wanted. One officer took Chinese classes. The language in the contract has since been rewritten to prevent similar occurrences in the future.

“Why are we having bills for a helicopter class?” Khanna said, noting West Windsor does not have a police helicopter. “Now we start tightening the ropes on everyone,”."

Officers have been allowed 100 percent reimbursement for courses leading to academic degrees, and in 2011 police educational reimbursement costs came to $107,000.

All township employees will soon have a more difficult time getting their college-level courses approved for reimbursement, said Mayor Shing-Fu Hsueh.

“Every decision for courses for employees will have to be approved by the business administrator, and they will have to explain and prove that these courses are necessary,” Hsueh said.

Hsueh said he spoke with his lawyers before the Nov. 19 ruling and was prepared for the arbitrator to rule in favor of the police department.

“Although I wasn’t surprised, I was very, very disappointed,” Hsueh said. “We decided to appeal in hopes that the appellate court will have a more objective look at the issues.”

“Ninety-eight percent of officers take classes that enhance their ability to be police officers,” Herbert said. The misuse of tuition funds is a common problem among municipalities that offer tuition reimbursement, and this type of misuse is one reason that taxes increase, he said.

The appellate court’s ruling will be in February, and Herbert said that the arbitrator’s rulings are usually affirmed by the appellate court.

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