HomeMy WebLinkAbout2014 Resolution No. 047t . '
RESOLUTION NO. !fl
SERIES OF 2014
A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE
BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT
ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2015 -2016.
WHEREAS, the Englewood City Council authorized "The Collective Bargaining Contract
Between the Englewood Police Benefit Association and the City of Englewood for the Years
2013 -2014; by the passage of Resolution No. 72, Series of2012; and
WHEREAS, the City of Englewood and the Englewood Police Benefit Association entered
into negotiations in April of2014 in accordance with the Englewood City Home Rule Charter;
and
WHEREAS, the members of the Englewood Police Benefit Association duly ratified, by a
majority vote, the Collective Bargaining Agreement for the years 2015 and 2016; and
WHEREAS, the significant changes to the contract are:
1. Article 9 -Compensation: Employees covered by the Contract will receive a market
adjustment to their 2014 base wage rate effective January 1, .2015 and to their 2015
base wage rate effective January 1, 2016. The adjustments will be based upon the
salary surveys conducted by Human Resources in October 2014 and 2015 .
2. Article 10 -Merit Pay: Merit pay has been added after elimination in the previous
contract. The maximum benefit is $900.00 per year. In the 2011-12 agreement the
maximum benefit was $1,000.00 per year.
3. Article 22 -Insurance: The maximum life insurance benefit has been increased from
$50,000 to one times the employee's base salary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Contract between the Englewood Police Benefit Association and the City
of Englewood for the years 2015 and 2016, attached hereto as Exhibit A.
l
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Contract between the Englewood Police Benefit Association and the City
of Englewood, Colorado.
ADOPTED AND APPROVED this 16th day of June, 2014.
I, Loucrishia A. Ellis, City Clerk for tp1t:ty of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. 't~ Series of 2014.
2
•
•
I
' ... .'fl
•
•
CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
ANDTHE
ENGLEWOOD POLICE BENEFIT ASSOCIATION
FOR THE YEARS 2015 -2016
This reproduction of the 2015-2016 Contract has been prepared by the Human Resources
Department for distribution to all covered Police officers so that everyone will be aware of the rights
and benefits contained herein.
ARTICLE 1
ARTICLE2
ARTICLE3
ARTICLE4
ARTICLES
ARTICLE6
ARTICLE 7
ARTICLES
ARTICLE9
}ill.TI CLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE20
ARTICLE21
INDEX
PAGE
DURATION OF CONTRACT ............................................................................. 2
RECOGNITION ..................................................................................................... 3
EMPLOYEE RIGHTS ............................................................................................ 4
SENIORI1Y .............................................................................................................. 5
HOURS OF WORK ................................................................................................ 6
BIDDING PROCEDURES FOR SHIFT ASSIGNMENT ............................. 8
SPECIAL ASSIGNMENT ................................................................................... 10
I..AYOFF ................................................................................................................. 11
COMPENSATION ............................................................................................... 12
MERIT PAY ........................................................................................................... 13
OVERTWE WORK ............................................................................................ 14
C.ALL BACK ....................................... ~ ............... , ..... , ................................................. 15
STANDBY .............................................................................................................. 16
CLOTHING .ALLOWANCE ............................................................................. 17
ANNUAL LEA VE ................................................................................................ 18
HOLIDAYS ............................................................................................................ 20
ADMINISTRATIVE LEA VE ............................................................................ 21
FUNERAL LEA VE .............................................................................................. 22
PERSONAL LEA VE ............................................................................................ 23
SHORT TERM DISABILITY (STD) ................................................................ 24
WORKERS' COMPENSATION ....................................................................... 26
ii
. •
•
•
ARTICLE22 • ARTICLE23
INSURANCE ......................................................................................................... 27
RETIREE HEAL1H INSURANCE ASSISTANCE ...................................... 28 '
ARTICLE24 PENSION/ RETIREMENT PLANS .............................................................. 29
ARTICLE25 RULES AND REGULATIONS ......................................................................... 30
ARTICLE26 DUES DEDUCTION .......................................................................................... 31
ARTICLE27 ASSOCIATION ACTIVITIES ........................................................................... 32
ARTICLE28 LETTER OF CORRECTIVE ACTION .......................................................... 33
ARTICLE29 DISCIPLINARY ACTION ................................................................................. 34
ARTICLE30 GRIEVANCE PROCEDURE ............................................................................ 35
ARTICLE31 EXCLUSIVENESS OF CONTRACT .............................................................. 37
iii
CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
ANDTHE
ENGLEWOOD POLICE BENEFIT ASSOCIATION
This Contract entered into by the City of Englewood, Colorado, and the Englewood Police
Benefit Association has as its purpose the promotion of hannonious relations between the City of
Englewood and its employees, a fair and peaceful procedure for the resolution of differences; the
establishment of rates of pay and houtS of work, and other conditions of employment mutually
agreed upon.
Except where limited by express provisions elsewhere in this Contract, nothing in this
Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as
granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive
power, duty and rights to;
A. Determine the overall mission of the City as a unit of government.
B. To maintain and improve the efficiency and effectiveness of City operations.
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted.
D. To determine the overall methods, processes, means, job classifications or personnel
by which City operations arc to be conducted.
E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off
employees.
F. To suspend, discipline, discharge, and demote for cause, all full-time permanent
classified employees.
G. To relieve employees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonproductive.
H. To take whatever other actions may be necessary to cai:ry out the wishes of the
public not otherwise specified herein or limited by a collective bargaining contract
I. To take any and all actions to cai:ry out the mission of the City in cases of
emergency.
J. Nothing contained herein shall preclude the City from conferring with its employees
for purposes of developing policies to effectuate or implement any of the above enumerated rights.
1
:
•
•
; .. t .
• ARTICLE t. DURATION OF CONTRACT
A. This Contract shall take effect on January 1, 2015 'and shall continue in force to and
including December 31, 2016.
B. This Contract. or any part of it. may be terminated or renegotiated at any time by
mutual consent of both parties.
C. If any article or section of this Contract should be held invalid by operation of law or
the District Court, or if compliance with or enforcement of any article or section should be
restrained by such District Court, the remainder of this Contract shall not be affected thereby and
this Contract shall remain in full force and effect, and the parties shall promptly negotiate for the
purpose of attempting to arrive at a mutually satisfactory replacement of such article or section.
D. The parties agree and understand that provisions relating to employees covered by
this Contract shall in no way displace or modify present or future statutory or case law of the State
of Colorado.
E. The parties acknowledge that during negotiations which resulted in this Contract had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter appropriate for negotiation discussions and that the understandings and agreements arrived
at by the parties after this exercise of that right and opportunity are set forth in this Contract.
2
ARTICLE 2. RECOGNITION
The City recognizes the' Englewood Police Benefit Association as the employee organization
certified by the City of Englewood as the exclusive representative for sworn Police employees within
the following bargaining unit
Included:
Excluded:
All full-time, classified swom police officers below the rank of Sergeant of
the City Police Department (See City Charter, Article XV. 137:2 (b), (c).
All others.
3
: .
..
•
•
• ARTICLE 3. EMPLOYEE RIGHTS
1. A full-time classified employee who is not a confidential employee, a· managerial
employee, or a supervisor shall have the right:
A. To form, join, support or participate in, or to refrain from forming, joining,
supporting, or participating in any employee organization or its lawful
activities.
B. Bargain collectively through their certified employee representative.
C. No employee shall be interfered with, restrained, coerced or discriminated
against because of the exercise of these rights nor shall the right of an
individual employee to discuss employment concerns with the City be
infringed upon.
2. The City and the Englewood Police Benefit Association mutually agree that a fair
and impartial investigation of officers is deemed appropriate and necessary. A written policy has
been developed and included in the operations manual specifically addressing the issue of
administrative and criminal investigations and employee rights. No changes will be made in this
policy without prior consultation and review with association representative(s).
4
ARTICLE 4. SENIORITY
For the purposes of this Contract, seniority shall be determined first by length of continuous
full-time service with the City Police Department according to rank and second by length of
continuous full-time service with the City Police Department from the first date of hire, provided
the employee successfully completed a probationary period. In cases where two or more employees
have the same hire date, the badge number as issued by the Department shall establish priority of
position on the seniority list Employees shall not continue to accrue seniority while laid off, and
seniority will terminate when an employee has been laid off for a period of twelve (12) months or
more.
After an employee successfully completes the probationary period, their name shall appear
on the seniority list as of the first date of hire.
The seniority of an employee shall terminate under any of the following conditions:
• When a laid off employee fails to give notice of the employee's intent to return to work
within seven [I) calendar days after the City has sent, to the employee's last known
address on file with the City, a certified letter requesting the employee's return to work.
• When the employee gives notice but fails to return to work within seven [I) calendar
days after the aforesaid letter has been sent to the employee.
• When the employee's employment with the City is terminated for any reason.
• When an employee is on leave of absence as provided under Article 22, Leaves of
Absence (Without Pay).
• If an employee is absent for three (3) consecutive regularly scheduled working days
without notifying the Police Chief or immediate supervisor prior to such three (3) days'
absence without good cause as determined by the Police Chief.
• Failure to return to work after expiration of a fonnal leave of absence.
• An employee rehired but whose absence from City employment was less than eighteen
(18) months will have their prior accrued seniority with the retirement plan restored.
• An employee rehired, but whose absence from City employment was less than twelve
(12) months will have their prior accrued seniority restored with regard to all other City
benefits.
5
J .
•
•
--ARTICLE 5. HOURS OF WORK
The Police Department shall observe office and working hours necessary for the efficient
transaction of their respective services.
A.
B.
Work Week
A work week is a regular recurring period of 168 hours in the fonn of seven
consecutive 24-hour periods. The workweek need not be the same as the calendar
week. The workweek may begin on any day of the week and any hour of the day and
need not be the same for all employees.
Work Schedule
For Officers assigned to the Investigations Bureau, the work schedule, including roll
call and meal periods, shall consist of five (5) eight (8) hour work days.
Investigations personnel shall be permitted to "flex" their schedules and work four
(4) ten (10) hour work days with supervisor approval. For officers assigned to the
Unifoan Patrol Bureau, Traffic and the Impact Team, the work schedule, including
roll call and meal periods, shall consist of four ( 4) ten (10) hour work days. Any
change in an officer's bid or assigned schedule (starting time, quitting time, scheduled
days oft) will be made in accordance with paragraph C except schedule changes may
be made without notice if the affected officer agrees.
The City agrees to review with Association representatives issues and concerns regarding the
method and possible compensation associated with schedule changes.
C. Changing Work Schedules
The Chief of Police may change the work schedule to meet the needs of the
Organi:zation. In such circumstances, the Chief shall provide a minimum of five (5)
days notice to the Association. Work schedules may be changed without advance
notice in the case of emergencies as determined by the Police Chief. When an
employee's work schedule is changed for purposes of training, special instruction,
etc., the supervisor shall make a reasonable effort to accommodate the employee's
interests concerning the scheduled change.
D. Staffing
E.
The need for an appropriate level of staffing is recognized by the City for the
purpose of efficiency and safety. The Police Department will address this issue in
Department policy.
Meal Periods
Officers shall be granted a paid meal period of thirty (30) minutes for each eight (8)
hour work shift. Employees working a ten (10) hour work shift shall be allowed a
paid forty-five (45) minute meal period. An employee may conduct personal
6
business during the meal period. The meal period shall be authorized and controlled
by the employee's supervisor.
F. Rest Periods
Employees shall be granted a paid rest period not to exceed fifteen (15) minutes
during approximately the first one-half of the employee's regular work day and an
additional fifteen (15) minutes rest break approximately in the second one-half of the
work day. Rest periods shall be authorized and controlled by the employee's
supervisor.
7
-.
J •
•
ARTICLE 6. BIDDING PROCEDURES FOR SHI.Fr ASSIGNMENT
Bidding for Watches and Days Off
A. Seniority applicable to the seniority bid process will be determined in accordance with the
total length of continuous employment as a Police Officer with the City of Englewood. Prior City
employment in other than a Police Officer capacity will not apply toward seniority. Probationary
employees will not be included in the bid process.
B. The seniority bid system will be applicable to personnel assigned to the Uniform Patrol
Bureau only, and will not be authorized in any other bureau or special assignment
C. The Uniform Patrol Bureau Commander will develop and post a schedule prior to each year
for a twelve-month period.
D. The bid process will begin on September 1 n of each year and shall be completed by October
31 st of each year. Employees will have one (1) calendar day to submit their bid request upon being
notified that it is their tum to bid. Employees who bid during working hours will submit their bid
prior to the end of their shift. The bid request shall consist of the employee's choice of shift
assignment, days off and any seniority vacation and/ or holiday requests as provided under Article 14
and Article 15. Employees who fail to submit a bid in accordance with the bidding procedure after
being personally notified, will relinquish the opportunity to bid by seniority, and will be assigned at
the discretion of the Uniform Patrol Bureau Commander. Employees' time for participating in the
bid process shall not be considered hours worked for purposes of calculating overtime. The
Uniform Patrol Bureau Commander shall make reasonable efforts to keep employees apprised of
the status of the bid process.
E. There will be a total of five (5) non-biddable positions which shall consist of two (2) non-
biddable positions on Watch I and three (3) non-biddable positions on Watch II. Non-biddable
positions shall not have any combination of Friday, Saturday or Sundays as the positions' regular
days off unless agreed to by the Association and the Uniform Patrol Bureau Commander. The
bidding process will begin with the most senior Police Officer bidding the positions of his/her
choice. In descending order of seniority, each remaining Police Officer will have choice of the
remaining biddable positions. The Uniform Patrol Bureau Commander may open the bid for any or
all of the non-biddable positions at his discretion.
All special assignments will not be open to bid. The special assignments along with any no-bid
positions on a watch, will be in addition to the biddable position on each watch. Employees may
request non-biddable positions and an attempt will be made to accommodate them, but such
positions will be assigned at the discretion of the division commander. If an employee fails to
submit a bid in accordance with the bidding procedure, the employee will relinquish the opportunity
to bid by seniority, and will be assigned at the discretion of the Uniform Patrol Bureau Commander.
F. When a vacancy in Patrol occurs during the bid year due to a resignation, termination,
promotion or a bid of a vacant position in accordance with this section, the Department shall place
the vacant position up for bid for three (3) calendar days by posting notice of the vacancy via
8
• r .
department email. The notice shall include a description of the vacant position and the deadline for •
submitting the bid to the Uniform Patrol Bureau Commandet. Once the three (3) days expires, the
Department shall review the submitted bids and the position shall be awarded to the most senior
biddet. There shall be a maximum of two (2) total bids allowed, including the initial bid for the initial
vacancy. Additional bids may be authorized at the discretion of the Uniform Patrol Bureau
Commander.
G. An employee in anothet assignment, who is reassigned to the Uniform Patrol Bureau will
occupy the position vacated by the employee they are replacing. If other positions are available, the
employee may request assignment to such positions, but may only be assigned at the discretion of
the Uniform Patrol Bureau Commander. The employee will then be allowed to bid at the next bid
process.
H. Employees, who wish to petmanently trade work schedules, shall submit a request, in
writing, to the Uniform Patrol Bureau Commander, who must approve all shift trades. Prior to
such submission, the employees in question shall contact, via department email, any affected
employees on the seniority list to determine whether any more senior employees are interested in
shifts involved in the trade. All responses from affected employees shall be delivered to the
Uniform Patrol Bureau Commandet for review. The involved employees shall be responsible for
accommodating any more senior employee's desire to fill a shift involved in the trade. If the
involved employees are unable to accommodate the more senior employees, the trade will not be
approved.
It is further understood that should a schedule change for unforeseen emergency circumstances
arise, employees may be assigned by the Uniform Patrol Bureau Commander from one shift to the
othet to handle whatever emergency situation exists during the duration of the emergency.
9
. .
. , . ...
• ARTICLE 7. SPECIALASSIGNMENT/OPTIONALDUTY
Special Assignment means any assignment, other than Patro~ in which an employee serves iii
a full time capacity. Special Assignments include, Detective, Ptofessional Standatds Buteau
Investigator, School Resource Of.fleet, Traffic Officet, Impact Team and any other assignment that
falls within the definition of Special Assignment.
Optional Duty means any duty that is in addition to an employee's full-time assignment.
Optional Duties include, but are not limited to: Annorer, SWAT Officer, Negotiator, Field Training
Officer, Crime Scene Investigator, and Skills Instructots such as Fiteanns, Arrest Controi etc.
The Department will maintain a written process fot selection and service, including
performance of employees for special assignments in the Police Operations Manual.
The Police Chief will consult with the Association regarding any future changes to the
selection process.
10
ARTICLE 8. LAYOFF
Whenever there is lack of work, lack of funds, or under conditions where the City
detettnines continued work would be inefficient or non-productive the appointing authority shall
designate the positions in which the layoff is to be made.
The order of layoff shall be detettnined by the City Manager on the basis of the quality and
length of sCJ:Vice provided by the employees in the affected areas. Quality of work will include the
employee's total employment record. This record includes annual performance evaluations,
commendations, disciplinary actions, education, training, etc. Any employees who have not yet
achieved permanent or regular status or who have less than twelve (12) months of full-time
employment with the City shall be laid off first, regardless of performance. Permanent employees
who are laid off have the right to be reemployed as a police officer, in inverse order of layoff,
provided that such recall occurs within eighteen (18) months of layoff and the employee continues
to meet the qualifications for that position. Laid off employees will stay on the recall list for
eighteen (18) months. In the event the quality and length of service are equal, seniority shall prevail.
The recall list shall terminate after eighteen (18) months. If financial conditions warrant and at the
discretion of the Police Chief, an employee, recalled from layoff to a classification lower than that
held at the time of the layoff, may be moved up to the highest classification previously held at an
accelerated pace.
Employees shall not continue to accrue service credit, including seniority, or be eligible for
any City benefits during layoff. In the event of a layoff, affected employees will be given as much
advance notice as possible.
n
. ,
,f , .
•
•
ARTICLE 9. COMPENSATION
A.
2014 Salary Schedule
Regular Straight Time Hourly Rate
Police Officer Probationary
Police Officer 4th Class
Police Officer 3rd Class
Police Officer 2nd Class
Police Officer 111 Class
$25.37
$27.02
$29.68
$32.65
$35.91
B. The schedule in "A." above will be adjusted on January 1, 2015 to reflect the 2015 "market
median" as determined by the 2014 Salary Survey. The "market median" will be based upon the
2015 median wage of either the top rate for the highest ranking police officer or maximum of the
salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada,
Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and
Thornton. The survey will be conducted in the 4m quarter of2014 by the Human Resources
Department, with the concurrence of the EPBA. The City and the EPBA will meet by November 1,
2014 to approve the survey and finalize the revised salary table for 2015.
-C. The schedule in "A." above will be further adjusted on January 1, 2016 to reflect the 2016
"market median" as determined by the 2015 Salary Survey. The "market median" will be based
upon the 2016 median wage of either the top rate for the highest ranking police officer or
maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat
rate) at Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood,
Littleton, Longmont and Thomton. The survey will be conducted in the 4th quarter of2015 by the
Human Resources Department, with the concurrence of the EPBA. The City and the EPBA will
meet by November 1, 2015to approve the survey and finalize the revised salary table for 2016.
Class Increase
The wage increase provided for Police Officer 4th Class through 1st Class shall not be considered
automatic, but rather based upon meritorious service. Said class increase may be granted or denied
to any individual Police Officer upon recommendation of the Police Chief and with the approval of
the City Manager or designee upon written notice to such individual Police Officer. The date in
which the class increase is approved shall determine the new class anniversary date.
12
. ·.
ARTICLE 10. MERIT PAY •
A. Each Police Officer I shall be eligible for merit pay in an amount determined by the
Police Chief, up to a total of $900.
B. Such merit pay shall be awarded in the exercise of the Chiefs discretion, based upon
specific written objective and subjective performance criteria developed by the Chief.
The Chief shall consult with the Association regarding the criteria and the criteria
will be made available to employees.
C. Eligible employees who believe they meet the criteria for such an award shall submit
applications to the Merit Pay Review Committee on or before thirty (30) days prior
to the employee's employment anniversary date. The Committee shall make a
recommendation to the Chief regarding the amount of the merit pay, if any, to be
awarded to the employee. The amount recommended shall not exceed the amount
set forth in Paragraph A, above. The Chief shall promptly consider and make a
determination as to each such recommendation.
13
•
. ..
. .,
ARTICLE 11. OVERTIME WORK
A. Employees covered by this Contract shall be compensated at time and one-half (1
1 /2) the employee's regular hourly rate of pay for all assigned hours worked over and
above their regular DAILY work schedule.
B. Overtime shall not be pyramided, compounded or paid twice for the same hours
worked.
C. The City retains the right to assign overtime work to any employee qualified to
perform the work.
D . Overtime available during a given watch shall be offered on a voluntary basis to
uniformed officers worlring during the preceding or succeeding watch, as determined
by the watch supervisor, in order of seniority. If no officer accepts, the least senior
officer may be required to work the overtime, an accommodation may be authorized,
or the City may, at its discretion, call any officer in to work the overtime.
E. Employees who work overtime, call back, and/ or standby hours may, in lieu of pay,
take compensatory time off upon mutual agreement between the employee and the
employee's supervisor. If there is no mutual agreement, the employee shall be paid.
Members of the bargaining unit may accrue a maximum of eighty (80) hours of
compensatory time to be utilized in accordance with City of Englewood Policy #46
(Compensatory Time). Compensatory time is to be compensated at the rate of one
and one-half hours of time off for each one hour of overtime, call back, or standby
worked in excess of the daily scheduled work shift.
F. Employees required to attend fueamis qualification on their off-duty time will be
guaranteed two (2) hours overtime pay.
14
ARTICLE 12. CAIL BACK
A. An employee on off-duty status who is called back to duty shall be credited with a
minimum of two (2) hours of pay at the rate of one and one-half (1 1 /2) the
employee's regular hourly wage rate.
B. An employee called back to work during the first two (2) hours ptlor to the start of
their regular shift shall be paid at the overtime rate for all hours actually worked up
to the starting time of their regular shift.
C. Should any employee be required to testify before any court or divisional
administrative hearing as a result of his/her official duties with the City, the time
spent by such employee in providing such testimony shall be considered to be work
time. If such appearance for testimony is at a time when the employee would
otherwise be off duty, the employee shall be paid as provided under Section A and B
above. The employee shall pay to the City all witness fees, and other compensation
paid to the employee in conjunction with so testifying excluding mileage fees. An
employee who is called for witness duty shall present to their supervisor the original
summons or subpoena from the court or at the conclusion of such duty, shall
provide a signed statement from the clerk of the court, or other evidence indicating
the amount of time his/her person was required.
D. When an employee is subpoenaed as a witness in private litigation to testify, not in
his/her official capacity but as an individual, the time absent by reasons thereof shall
be taken as any accrued leave or leave without pay, if all accrued leave is exhausted .
15
. •
•
... ... '•
ARTICLE13. STANDBY
Employees assigned to standby duty shall be credited with two and one-half (2 ½) hours of
pay at the overtime rate of pay for each twenty-four (24) hour period, during which they are on
standby. Employees assigned to standby for less than a twenty-four (24) hour continuous period
shall be credited with one (1) hour of pay at the overtime rate for each such assignment
16
ARTICLE 14. CLOTHING ALLOWANCE
A. The City shall furnish, or reimburse the cost of uniforms·, including leather gear,
insignias, duty footwear and clothing, required while on duty, and shall pay all costs of maintenance,
repair and cleaning thereof, provided that reimbursement of such costs shall not be required if
approval of the Police Chief is not obtained in advance of purchase. All employees assigned to non-
uniform positions for a period of thirty (30) days or more and not required to be in uniform during
work, shall receive a clothing allowance as follows:
1. Upon initial assignment to a non-unifonn position, the employee shall
receive a lump sum of $1200 to cover the initial cost of purchasing clothing for the first year of the
employee's assignment. Employees, who leave non-unifonn position voluntarily within the first year
of their assignment, shall repay the clothing allowance at $100 per month for every entire month
remaining in the first year of their assignment.
2. After the first year of their assignment to a non-uniform position, officers
shall receive $100 per month for each month that they remain in the non-uniform assignment.
B. The employee shall be responsible for all lost or stolen items identified above, or
damage to the same, as a result of the employee's negligence or deliberate act.
C. The City will provide on a replacement basis a high quality bullet proof vest. Any
bullet resistant vest issued after January 1, 2015 shall meet the minimum standard of level II (A) on
the National Institute of Justice's Standard for Bullet Resistant Vests. At the employee's option, a
•
level III (A) vest will be provided at no additional cost to the employee. Replacement shall be made e
once every five (5) years, or at such earlier time as the City is notified of any event or condition
rendering such a vest unsafe for its intended purpose. In the event of specialized or customized
vests, the City will pay the same dollar amount for the City issued and authorized vest with the
employee paying the differences in cost.
D. All uniformed employees shall be annually reimbursed the cost of one pair of duty
footwear up to a maximum of $200. Officers shall present a receipt for the footwear to the City
before receiving the reimbursement.
E. Except in the case of the employee's personal negligence, employees shall be fully
reimbursed for any department approved firearm, prescription eyewear, or flashlight, purchased by
the employee that is damaged or destroyed in the performance of the employee's official duties; or
any department approved firearm purchased by the employee that is seized as evidence and not
returned to the employee within 30 days of seizure. Employees shall be furnished with or
reimbursed for the costs of replacement batteries for flashlights and weapon sights. Employees
must seek supervisory approval before purchasing replacement batteries and shall provide proper
receipts to be eligible for reimbursement.
17
•
• ARTICLE 15. ANNUAL LEAVE
Employees shall earn annual leave at the following rates.
Length
of Service
0-4 years
5-9 years
10-19 years
20 and above
The earning limits for annual leave shall be as follows:
Leng.th of Service
0-4years
5-9 years
10-19 years
20and above
Hours
per Year
96
120
160
170
240
288
368
408
A. Annual leave shall not be granted to any employee until after completion of six (6)
months consecutive service with the City.
B. The schedule for use of annual leave shall be determined by the needs of the
department. Annual leave shall be taken at a time convenient to and approved by the Police Chief.
(See City of Englewood Administrative Policy 30, "Annual Leave,,, for further details.)
Annual Leave Pay:
The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay
for the employee,s regular job. Annual leave shall be allowed only to the total hourly amount
accumulated during the pay period in which the leave is taken.
Work During Annual Leave
If after the employee has begun their annual leave and the City requires the employee to
work during the scheduled annual leave period, the employee shall be compensated as follows:
A . The employee shall be paid for all hours worked at the overtime rate.
B . The employee shall not be charged with annual leave for the number of hours
worked.
If all personal leave has been exhausted and the employee is ill or injured, annual leave may
be substituted for personal leave, and will serve as the elimination shift in order to access Short
Term Disability. In this instance the employee must notify his/her supervisor one hour prior to the
start of his/her shift.
The maximum use of annual leave shall be no greater than the amount accumulated by the
employee during the pay period in which the leave is taken, and in no event shall the annual leave
exceed four ( 4) consecutive weeks unless otherwise authorized by the Police Chief.
Annual Leave Pay Upon Separation
Any employee who is separated from the service of the Oty, i.e., retirement, termination (if
employee has completed six (6) months of continuous service with the City), or layoff, shall be
compensated for the unused annual leave time accumulated at the time of separation at the
employee's regular hourly wage rate. Annual leave is not to be used to extend an employee's date of
separation.
Bidding for Annual Leave
Each officer will bid one annual leave, by seniority, for the year's period, January 1" through
December 31 11• Additional annual leave periods will be granted, on a first requested basis, only after
all seniority-bid annual leaves have been scheduled.
The bidding process for annual leave will begin on September tof each year and shall be
completed by October 31 of each year as scheduled by the Uniform Patrol Bureau Commander.
Annual leaves are expected to be scheduled in good faith by each employee and shall specify
the exact dates desired. All seniority bid for annual leave shall consist of consecutive days up to 120
hours, but in no event shall seniority annual leave exceed 120 hours unless approved by the Uniform
Patrol Bureau Commander.
Annual leave will be administered at the discretion of the Police Chief or designee for
personnel assigned to any other Bureau(s).
19
,,.
ARTICLE 16. HOLIDAYS
A. Officers assigned to the Uniform Patrol Bureau shall be scheduled for one hundred
(100) hours of holiday time with pay per calendar year. Scheduling will be made with the approval
of the Police Chief or designee.
Bidding for holidays will commence during the annual bidding process and will be bid by seniority
after the completion of all seniority annual leave bid. Annual leave shall take priority over holidays.
Employees may bid a minimum of 10 (ten) hours of holiday time up to a maximum of 40 (forty)
how:s. Holidays bid do not have to be bid in consecutive days. Any holidays not scheduled by
August 1 of that year may be assigned at the discretion of the Uniform Patrol Bureau Commander.
B. Officers assigned to the Investigative Services Bureau will be granted ninety-six (96)
hours of time off on the regularly observed City holidays. If a holiday falls on one of their regularly
scheduled days off, these employees will be given an alternate day off. These officers may also be
granted a "floating holiday,, option. They may be allowed to exchange any of the below listed
holidays for any other day in the year he/ she is noonally scheduled to work. Scheduling will be
made with the approval of the Police Chief or designee.
Presidents' Day
Veterans Day
Friday after Thanksgiving
Martin Luther King Day
Labor Day
Memorial Day
Christmas Eve
New Year's Eve
Independence Day
• C. If after the employee has begun their holiday and the City requires the employee to
work during the scheduled holiday period, the employee shall be compensated as follows:
1. The employee shall be paid for all hours worked at the overtime rate.
2. The employee shall not be charged with holiday time for the number of
hours worked.
D. When a new officer is hired, he/she receives an initial prorated holiday leave
balance. When an officer terminates before the end of the year, holiday leave cash out will be
prorated. If a current officer does not use all of his/her holiday leave by December 31" of a given
year, the unused portion will be forfeited.
E. Holiday leave will be administered at the discretion of the Police Chief
or designee for personnel assigned to any other Bureau(s).
20
ARTICLE 17. ADMINISTRATIVE LEA VE
Administrative leave with pay may be granted an employee at the discretion of the Police
Chief or designee. 1bis leave is used when circumstances require in the best interests of the City
and/ or employee that the employee should temporarily be relieved from duty.
21
' , . .
·,
•
ARTICLE 18. FUNERAL LEA VE
· The Police Chief shall grant leave with pay to an employee to attend the funeral of a member
of the employee's family. The number of days granted shall be governed by the circumstances of
the case, but in no event shall they exceed seven (1) calendar days. For the purpose of this section,
11 employce's family" shall mean the employee's spouse, or the children, grandchildren, parents,
grandparents, brothers and sisters of the employee or of the employee's spouse.
ARTICLE 19. PERSONAL LEAVE
All employees covered by this Contract shall be granted 48 personal leave hours with pay
which an employee is entitled to use for the following purposes:
A. Employee's own illness/injury
B. Illness/injury of employee's family
C. To attend to personal business
Employees shall have until October 31 tt of each year to use their annually allotted personal
leave. Any unused personal leave hours shall be converted to annual leave hours at a one hour to
one hour ratio. Personal leave shall be scheduled and administered under the direction of the Police
Chief. In the event of illness/injury in which personal leave is requested, the employee shall notify
their supervisor or other person designated by the supervisor at least one (1) hour prior to their
scheduled reporting time.
Personal leave shall be prorated for employees beginning employment with the City. No
proration or conversion to annual leave shall occur upon termination of employment.
23
..
•
•
ARTICLE 20. SHORT TERM DISABILITY (SID)
A. Definition ·
Upon completion of 90 days of service, SID leave is granted for non-service connected
injuries (except as described below in section D.,2.,b.) or illnesses of an employee which prevents
the employee from performing his/her duties as a City employee.
B. Provision
The City agrees to provide STD leave with pay for employees absent as a result of
illness/injury as follows:
C.
91 days-4 years
5-9 years
10+ years
Accumulation and Restoration
347 hours
520 hours
693 hours
STD leave shall not be accumulative except that on Janwuy 1 of each year, the City shall
restore 100% of the number of hours previously used by an employee as follows:
91 days-4 years
5-9 years
10+ years
up to a maximum of 174 hours
up to a maximum of 260 hours
up to a maximum of 347 hours
Such restoration shall continue each year until such time as the employee accrues the
maximum number of hours for which he or she is eligible under Article 24.B.
D. Utilization
1. Upon completion of 90 days of service, authorization for STD leave with pay
shall only be granted after the first shift of disability. The first shift of disability will be paid with the
employee's accumulated leave time in the following order: personal leave, annual leave, holiday
leave. After all accrued leaves have been exhausted, the first shift of disability will be leave without
pay.
2. Authorization for STD shall only be granted for the following reasons:
a. Personal illness or injury not service connected, including maternity
related disability.
b . Service connected 1n1ury or illness only after the ninety days
described in Article 25., Workers' Compensation, has been exhausted.
F. Rt:Porting of SID
The employee or a member of the employee's household shall notify the employee's
supervisor at least one (1) hour prior to the employee's scheduled reporting time. No STD leave will
be granted to an employee who fails to notify their supervisor prior to the beginning of the
employee's work schedule unless citcumstances beyond the control of the employee would not
permit.
G. Verification of Disability
If absence from work is three (3) days or more, a medical release must be provided to the
employee's supervisor, who will forward it to Human Resources for possible Family and Medical
Leave qualification.
If the Police Chief requires a physician's statement of disability in addition to the one
mentioned above, the City shall bear reasonable and necessary costs required to obtain such
physician's statement.
H. Abuse of SID
An employee who makes a false claim for STD leave shall be subject to disciplinary action .
25
•
ARTICLE 21. WORKERS' COMPENSATION
A. For any on-the-job injury which causes any employee to be absent from work as a
result of such injury, the City shall pay to such employee his/her full wages from the first day of
his/her absence from work up to and including the 90th calendar day of such absence, less whatever
sums received by the employee as disability wages under workers' compensation. After exhaustion
of the ninety (90) days if the employee is still disabled, he/ she can utilize leave under the provisions
of Article 24. The City reserves the right to require any employee on injury or disability leave to
submit to an examination(s) by City-appointed physician(s) at the City's expense or under the
provision of workers' compensation or the retirement/pension provisions as provided under State
Statute.
B. All injuries that occur during working hours shall be reported to the employee's
supervisor within 24 hours of the injury or before the employee leaves their department of
employment unless circumstances beyond the control of the employee would not peanit.
C. During the tenn of this Agreement, the City shall pay one-half (1/2) of the state-
mandated contribution for death and disability pursuant to§ 31-31-811(4), C.R.S., for officers hired
after January 1, 1997.
26
ARTICLE 22. INSURANCE
A. MEDICAL
The City will pay ninety percent (90%) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage
and eighty percent (80%) of "family" coverage for the medical insurance plan designated as
the basic City plan. Employees will pay 10%, 15% or 20% of the premium cost
If the City offers any optional medical insurance plan(s). the employee will pay the difference
between the City's contribution described above and the premium cost of the optional plan
chosen.
B. DENTAL
The City will pay ninety percent (90%) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage
and eighty percent (80%) of "family" coverage for dental insurance. Employees will pay
10%, 15% or 20% of the premium cost
C. LIFE
Tenn life insurance will be provided by the City for employees covered by this
Contract in an amount equal to one year of the employee's salary as specified in Article 9,
Compensation, B. or C., whichever applies.
D. Any dispute concerning the intetpretation or application of benefits provided under
the health or dental plans shall be subject to the plan appeal process. It is expressly
understood that this article is a non-grievable item under this Contract
27
-
•
•
. .
ARTICLE 23. RETIREE HEALTH INSURANCE ASSISTANCE
It is understood and agreed by both parties that any referral to health insurance for retirees
or future retirees is not to be construed as a part of this Contract The City agrees to pay the retiree
$75.00 per month for employees who retired on or before December 31, 1994; and $100.00 per
month for employees who retire on or after January 11 1995 .
ARTICLE 24. PENSION /RETIREMENT PLANS
Officers hired before May 20, 2013 shall contribute 10% of their base wages into the Fire and Police
Pension Association of Colorado (FPPA) Statewide Defined Benefit Plan and the City shall
contribute 10% of each officer's base wages into the FPPA Statewide Defined Benefit Plan. Officers
who were hired before May 20, 2013, but remained in either the ICMA-RC Money Pwchase Plan or
converted to the FPPA Money Purchase portion of the FPPA Hybrid Plan or the FPPA Hybrid
Plan shall contribute 10% of their base wages into the plan and the City shall contribute 10% of
each officer's base wages into the plan.
Officers hired after May 20, 2013 shall be enrolled in FPPA's Statewide Defined Benefit Plan and
they shall contribute 8% of their base wages into the plan and the City shall contribute 8% of their
base wages into the plan. The plan documents for the City of Englewood ICMA Retirement
Corporation 401(a) Money Purchase Plan and the FPPA Plans will be available for inspection in the
Department of Finance and Administrative Services. FPP A plan information is available on FPPA 's
website at www.f_ppaco.org.
•
ARTICLE 25. RULES AND REGULATIONS
A. Except as limited by the express terms of this Contract, the City retains 'the
right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules,
regulations, policies, and procedures and directives which are an alleged violation of this Contract
shall be subject to the grievance procedure.
B. The City agrees to meet and confet in a timely mannet with the Association
concerning the formulation of changes of rules and regulations, policies, procedures and directives.
30
ARTICLE 26. DUES DEDUCTION
A. The City agrees to deduct the Association dues once each pay period from the pay of
those employees who individually request in writing that such deductions be made, subject to the
garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the
City Director of Human Resources by the Treasurer of the Association, and the aggregate
deductions of all employees shall be remitted together with an itemized statement to the Treasurer
by the 15th of the succeeding month, after such deductions are made. The authorization shall be
revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to
the City Finance and Administrative Services Director.
B. If no wages are paid an authorized employee on the last pay period of a given pay
period, deduction for that pay period will be made from any wages which may be paid to him/her
on the next succeeding final monthly City pay period. It is expressly understood that the City
assumes no liability and shall not be liable for the collection or payment to the Association of any
dues during any time that an employee is not actually working for the City and actually on the
payroll of the City. In the event of error on the check-off list, the City will not be responsible to
make adjustments, until notified by the Treasurer of the Association.
C. The Association shall indemnify and hold the City hamtless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any action taken
or not taken by the City under the provision of this Article.
D. Changes in the dues amount to be deducted shall be limited to two (2) changes each
year, and provided a thirty (30) day written notice is provided the City Director of Human
Resources.
E. Should the change in the deduction amount or method require a computer
programming change, the Association shall be responsible for that cost of such change or changes,
at $30 per hour with a four ( 4) hours maximum. Payment from the Association shall be made to the
City Director of Human Resources within ten (10) days of receipt of billing.
31
•
ARTICLE 27. ASSOCIATION ACTIVITIES
The City agrees that during working hours on the City premises and without loss of pay,
Association representatives may be allowed to: attend Association-management meetings; attend
negotiation sessions; post Association notices on City designated bulletin boards; solicit Association
memberships during employee's non-work time; and represent employees on grievances and
disciplinary matters provided the work load permits as deteanined by the Police Chief or designated
representative and requires no overtime pay.
32
ARTICLE 28. LETTER OF CORRECTIVE ACTION
A. Examples of reasons that may result in an oral or written corrective action are listed
under City of Englewood Administrative Policy Manual, Policy #25, "Corrective and Disciplinaty
Action,,, and the Englewood Police Department Operation Manual, Sections 3.1, "Code of
Conduct" and 3.2, "Discipline".
B. The employee shall have the opportunity to submit written comments in response to
any written corrective action which is to be included in the employee's official personnel file.
C. The employee retains the right to request an administrative review of any written
corrective action which is to be included in the employee's official personnel file. The Police Chief
shall determine this administrative review procedure. A representative of the EPBA may be
included in this administrative review process at the employee's request. Written findings of this
administrative review shall be placed in the employee's official personnel file.
D. This Article shall not be grievable under this Contract.
33
. .
•
ARTICLE 29. DISCIPLINARY ACTION
Disciplinary actions are those personnel actions administered against an employee for an
offensive act or poor job perfonnance, which actions adversely affect the cu.treat pay, cuneot status,
or tenure of the employee.
1 . Disciplinary action penalties include suspension, demotion, and discharge of an
employee.
2. Disciplinary action may be administered concw:rently with corrective actions.
3 . Reasons for disciplinary action are defined under City of Englewood Administrative
Policy Manual, Policy #25, "Corrective and Disciplinary Action" and the Police
Operations Manual: 3.1, "Code of Conduct'' and 3.2, ''Discipline".
An employee shall be allowed at his/her disaetion one (1) Association representative to be
present during predisciplinary meetings. 1his provision shall apply only when an employee desires
the assistance of an Association representative and only when the employee believes that disciplinary
action as defined above may be taken against the employee .
34
ARTICLE 30. GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation concerning the interpretation or application of
a specific provision of this Contract The employee and the Association shall be required to follow
the procedure as set out below.
If the employee/ Association is unable to settle the grievance or dispute orally and informally
through his/her immediate supervisor within seven (7) calendar days of the date of the occunence
of the grievance, or the employee's knowledge of it, the employee may within the succeeding seven
[l) calendar days file a written grievance with his/her supervisor. The supervisor shall attempt to
resolve the matter and shall respond in writing to the employee within seven [l) calendar days. An
Association or general grievance shall be presented cfuectly by the President of EPBA or his
designee to the Police Chief.
If the grievance still remains unresolved, it shall be presented by the employee to the Police
Chief in writing within seven (T) calendar days following receipt of the supervisor's response. The
Police Chief shall respond in writing within seven [l) calendar days.
~
If the grievance still remains unresolved, it shall be presented by the employee to the City
Manager in writing within seven [l) calendar days following receipt of the Police Chief' response.
The City Manager or his/her designated representative shall respond in writing within fourteen (14)
calendar days.
If the grievance is still unresolved, the employee within fourteen (14) calendar days after the
reply of the City Manager or his/her designated representative, may by written notice request the
matter be heard by an arbitrator. If within five days of the request for arbitration the Association
and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the Federal
Mediation and Conciliation Service (FMCS) for a panel of seven arbitrators to be sent to the parties.
The arbitrator shall be selected by a method of alternative striking of names from the panel, with the
first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The
arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony
and argument.
Each party shall be responsible for compensation to its own representatives and witnesses.
The fees of the arbitrator shall be shared equally by the Association and the City. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made, provided it
pays for the record and makes copies available to the arbitrator. If the other party wishes to have a
copy of the transcript, it shall share equally all costs of the transcript.
35
..
•
+ •,
•
+ •
Failure by an employee or the Association to comply with any time limitation shall constitute
a settlement of the grievance. Should the employer not respond within the prescribed time, the
grievance will automatically proceed to the next step. At the employee's option, the employer may
be allowed additional time to respond.
Authoricy of Arbitratm
The arbitrator shall have no power to add to or subtract from or change the terms of this
Contract. The written decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall limit his/her decision strictly to the grievance submitted which has been properly
processed through the grievance procedure outlined.
Processing Grievance During Working Hours
Grievances may be investigated and processed by the employee and one (1) on-duty
Association representative at the employee's request during wotlci.ng hours within reasonable time
limits without loss of pay provided notice is given and the work load permits.
ARTICLE 31. EXCLUSIVENESS OF CONTRACT
The City and the Association agree that the terms and provisions herein contained constitute
the entire Contract between the parties and supersede all previous communications, representatives
or agreements, either verbal or written, between the parties with respect to the subject matter herein.
The City and the Association agree that all negotiable items have been discussed during the
negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on
any item during the life of this Contract except by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Contract to be signed by their
respective representatives, and their signatures placed thereon, on this __ day of June, 2014 at
Englewood, Colorado.
CITY OF ENGLEWOOD ENGLEWOOD POLICE BENEFIT
ASSOCIATION --~---~
Randy P. Penn, Mayor
ATTEST:
City Clerk
City Manager
37
•
•