HomeMy WebLinkAbout1981 Ordinance No. 065•· --''t
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ORDINANCE NO. (/)$
SERIES OF 1981
BY AUTHORITY
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COUNCIL BILL NO. 68
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING A COLLECTIVE BARG~INING AGREEMENT BY AND
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE
BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31,
1983, APPROVING AN ADDENDUM TO THE 1980-81 CONTRACT BETWEEN THE
CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION.
WHEREAS, a tenative agreement dated July 13, 1981 by and
between the City of Englewood and the Englewood Police Benefit
Association has been executed by representatives of each of said
parties and Addendum to the 1980-1981 Contract Between the City
of Englewood and the Englewood Police Benefit Association dated
July 13, 1981 has also been executed by representatives of each
of said parties; and
WHEREAS, said tenative agreement was duly ratified by a
majority of the members of the Englewood Police Benefit
Association and said Addendum was duly ratified by a majority
of the members of the Englewood Police Benefit Association; and
WHEREAS, Section 5-10-lO(c), as amended, requires that the
tentative agreement and addendum be approved by Ordinance duly
passed by City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the tentative agreement dated July 13, 1981
and addendeum dated July 13, 1981 by and between the City of
Englewood, Colorado, and Englewood Police Benefit Association,
effective January 1, 1982 through December 31, 1983, a copy of
which is attached hereto and made a part hereof, be and the
same is hereby approved.
Section 2. That the Mayor of the City of Englewood is hereby
authorized and directed to execute the collective bargaining
agreement and addendum between the City of Englewood and
Englewood Police Benefit Association dated July 13, 1981, and
the Director of Finance, ex officio City Clerk-Treasurer, shall
attest the same.
Section 3. The Agreement between the City of Englewood and
the Englewood Police Benefit Association dated July 13, 1981
generally provides as follows:
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The agreement between the City of Englewood and the Englewood
PolicA Benefit Association consists of 19 typewritten pages and is
titled "Contract Between The City Of Englewood And The Englewood
Police Benefit Association." Duration of the Agreement is from
January 1, 1982 to and including December 31, 1983. The Agreement
recognizes the Englewood Police Benefit Association and defines
those employees included and excluded therefrom. Employee rights
are defined, hours of work, lay-off procedure, overtime work,
callback procedures, standby time, probationary period, personal
leave provisions, disability/temporary procedure is established,
on-the-job injury/disability procedure is established, leave of
absence procedure, grievance procedure, dues deduction, association
activity, authority of City to establish rules and regulations,
merit increases, responsibility to testify, acting pay, base salary,
retirement benefits, tuition refund, bidding procedure for holidays,
vacation and shift assignment, letter of warning, and the exclusive
of agreement protection is provided for in the Agreement. Longevity
compensation, promotion, annual leave, personal leave, life insur-
ance, dental insurance, health insurance, and holidays are provided
for in the Agreement. Compensation is provided for at the rate of
10% effective January 1, 1982. The provision for 8% in 1983 is
provided for; however, if necessary, a wage adjustment in the
excess of 8% shall be made for 1983 based upon a wage survey of
certain municipalities and the increase of wages in said communities.
The foregoing is only a sununary of said Agreement and does not intend
to interpret, replace or substitute for the provisions in the Agree-
ment, said Agreement being adopted in full by this Ordinance.
Section 4. That the Mayor of the City of Englewood is hereby
authorized and directed to execute an addendum to the 1980-1981
contract between the City of Englewood and the Englewood Police
Benefit Association dated the 13th day of July, 1981 and the
Director of Finance, ex officio City Clerk-Treasurer, shall attest
the same.
Section 5. That the addendum to the 1980-1981 contract between
the city of Englewood and Englewood Police Benefit Association
generally provideE for an· increase in present wages of police
officers, first, second, third, and fourth class, as well as an
increase in sergeants pay of 6% effective July 1, 1981. The fore-
going is intended only to be a sununary and is not for the purpose
of interpreting, replacing or substituting for the provisions of
said Agreement, said addend~ being fully adopted hereby.
Introduced, read in full, and passed on first reading on the
3rd day of August, 1981.
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Published as a Bill for an Ordinance on the 5th day of August,
1981.
Read by title and passed on final reading on the 17th day
of August, 1981.
Published by title as Ordinance No. ~, Series of 1981,
on the 19th day of August, 1981.
~ .. ;C_t!2t:
r Eug.,re L. -Ofls, Mayor
Attest:
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ex ~ic9ct(~ ~rer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. ~ , Series of 1981.
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CONTRACT BETWEEN 'DIE
CITY or ENGLEWOOD
AND 'DI&
ENGLEWOOD POLICE BlllUIT ASIOCUTION
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This Contract entered into by th• City of lnalevood, Colorado and the
Englewood Police Benefit Aaaociation baa u ita pu~o•• th• promtion of
harmonious relations between the City of 1D1i.tood and it• B111>loyeea, a fair
and peaceful procedure for the reaolution of difference•; tbe eat.J>liahment
of rates of pay and hour• of work, and other coaditiou of employment.
Except where limited by expr••• proviaioaa ela•h•n iD thi• Contract,
nothing in this Contract shall be conatrued to re.trict, 1111:1.t or impair the
rights, powers and authority of th• City -araated to it by coutitutional
provision, statute, ordinance, charter or apecial act, the exclua:Lva power,
duty and right• to;
A. Determine the overall miaaion of the City u a unit of govam•nt.
B. To maintain and improve the efficiency and effectivaneaa of City
operations.
c. To determine the service• to be rendered, the operations to be
performed, the technolo&Y to be util:L .. d, or th• matter• to be budaeted.
o. To determine the overall •thoda, procauu, •au, job classifica-
tions or personnel by which City operat:Lona are to be conducted.
E. To direct, supervise, hire, prom>te, tranafer, aaaian, schedule,
retain or lay-off employees.
F. To suspend, discipline, discharae, and demote for cauae, all full-
time permanent classified employees.
G. To relieve employees from duties becauae of lack of work or funds,
or under conditions where the City dattl'lline• continued work would be
inefficient or nonproductive.
H. To take whatever other actions may b• necessary to carry out the
wishes of the public not otheIWise specified herein or limited by a
collective bargaining agreement.
I. To take any and all actions to carry out the lliaaion of the City in
cases of emergency.
J. Nothing contained herein shall preclude th• Cit)' from conferring
with its employees for purpose of developina polici .. to effectuate or
implement any of the above enumerated riahta•
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ARTICLE I. DURATION OF AGREEMENT
A. This Contract shall take effect on January 1, 1982 and ahall continue
in force to and including December 31, 1983.
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 restraiaed by •uch District Court, the
remainder of this Contract shall not be affected thereby and thia Contract
shall remain in full force and effect, and the parti .. shall promptly~maet and
confer for the purpose of attempting to arrive at a 1111tually satisfactory
replacement for such article or section.
o. The parties agree and understand that proviaiona relating to employees
covered by this Contract shall in no way displace or .,dify present or future
statutory or case law of the State of Colorado.
E. The parties acknowledge that durina naaotiationa which resulted in this
Contract, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter appropriate for aaet and confer
discussions and that the understandin&• and aar .... nt• arrived at by the parties
after this exercise of that right and opportunity are aet forth in this Contract.
All benefits agreed to in previous Memorandums of Understanding and not addressed
in this Contract will continue.
ARTICLE II. RECOGNITION
The City recognizes the Englewood Police Beaefit Aaaociation as the employee
organization certified by the Career Service Board of the City of Englewood as
the exclusive representative for the Police employees within the following
bargaining unit:
Included: All full-time, classified employ .. • of the City Police Department.
Excluded: All others who may be determined by the career Service Board
prior to or during the life of this Contract .. provided under the City
Charter.
ARTICLE III. EMPLOYEE RIGHTS
A full-time classified employee who is not a confidential employee. a
managerial employee, or a supervisor ahall have th• 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; and
B. Bargain collectively through their certified employee representative.
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c. No employee shall be interferred with, reatrained, coerced or
discriminated againat becauae of th• exerci•• of th•• ri&hta nor shall
the right of an individual employee to diacuaa •llPloymnt concema with
the City be infringed upon.
ARTICLE IV. HOURS OF WORK
The Police Department shall observe office and. working houra necessary
for the efficient transaction of their reapectiv. aervic... Such have been
determined for emergency employees as foll.ow•:
A. All employees covered by thi• Contract ahall be •cheduled at leaat
an average of forty (40) hour• work per week in •even (7) day cycles.
The work week shall conaiat of five (5) ei&ht (8) hour ahifta, four (4)
ten (10) hour shifts, or other work •chedulu u determined by the Police
Chief with approval of the City Manaaer. Lunch mid other breaka will be
scheduled at the discretion of the Police Chief during the work schedule.
ARTICLE V. LAYOFF
Whenever there is lack of work, lack of funda, or under conditions where
the City determines continued work would be inefficient or nonproductive, the
appointing authority shall designate the po•itiona in which the layoff is to
be made.
Employees on layoff shall be recalled in the order of relative length of
service. Those recalled must have the demonatrated ability and same qualifi-
cations to perform the available work as determined by the City. Any employee
in a higher rank if laid off may transfer to hi• previous lower rank provided
the employee had permanent status in the lower rank. Any employee so transferred
shall have the first right of refusal to the former higher level position that
the employee had held. The recall list shall terminate after eighteen (18)
months.
ARTICLE VI. OVERTIME WORK
A. For all employees covered by thi• Contract except Sergeants, duties
performed over and above the assigned work schedule shall be considered overtime.
Overtime shall not be computed nor compensation pay allotted on previously
accrued overtime. Sergeants shall receive overti .. only for court, staff and
administrative meetings when required by & a uperior and aaaigned training.
B. All personnel, as defined in thi• Article, shall be compensated for
overtime work at the rate of one and one-half (lit) times th• normal pay rate.
c. The City retains the right to asaign overtime work to any employee
qualified to perform the work. Overtime work will be offered on a voluntary
basis first. If the required number of employees necessary ·to perform the
overtime work can not be found, employees shall be assigned and obligated to
work such overtime.
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ARTICLE VII. COMPENSATION
A. Effective January 1, 1982, employ-covered by tbia Contract shall
receive a ten ( 10) percent wage increue on their bue wap.
B. Employees covered by thi• Contract aball receive an eight (8) percent
wage increase on their base wage effective January 1, 1983.
In addition, if necessary, a waa• adjuat .. nt in exceas of the eight (8)
percent wage increase will be made. Thi• waa• acljuataent will be baaed upon a
wage survey of the position of Police Officer lat Claa• or equivalent in the
following cities:
Aurora
Arvada
Denver
Lakewood
Littleton
Northglen
Thornton
Wheat Ridge
The base wage for Police Officer lat Clua or equivalent in each of the
above cities as of January l, 1982 and January 1, 1983 will be determined. The
percentage increase between January 1, 1982 and January 1, 1983 will then be
computed for each City. Thea• percent&&• iDCnu• will then be added topther
and divided by eight (8), resulting in th• averqe increaae for all of the above.
If this average increase exceeds eight (8) percent, the amount in excea• of eight
(8) percent shall be added to the 1983 bue waae. If the av.raae increaae ia
eight (8) percent or less, no adjustment over the eight (8) percent base wage
shall be made.
ARTICLE VIII. CALL BACK
An employee on off-duty status who i• called back to duty ahall be credited
with a minimum of two (2) hour• of pay at the rate of one and ona-half ( l'V ti_.
the regular hourly rate. Call back ahall include other duty related function•
such as staff and administrative meutin&•• training, piatol rang•, monthly
qualifications, etc.
ARTICLE IX. STANDBY
An employee assigned to standby duty aball be credited with eight (8)
straight time hours of pay for each full week of atandby duty.
ARTICLE X. LONGEVITY COMPENSATION
In addition to an employees monthly salary, the employee shall be eligible
for longevity compensation based upon the number of year• of continuous service
with the City and shall be deriv~d from the following schedule.
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Years of
Service Amount of Compemation
0-4 None
5-9 $12 per month for $144 per yMr, axc:apt for tho.• employees who haw
not completed 6 full years of continuom •ervice on DacUlber l of any
year, which employees shall receive an UIOUDt equal to $12 for each
full month of completed continuoua ••rvice after completion of 5 year•
of continuous service up to December 1.
· 10-14 $24 per month for $288 per year, except for tho.• employees who have
not completed 11 full yeara of continuom ••rvice on Decellb•r 1 of any
year, which employeu ·•hall receive $144 plm m aount equal to $12
for each full month of completed contlnuoua ••rvice after completion
of 10 year• of continuoua •ervic• up to Dacellb•r 1.
15-19 $36 per month for $432 per year, except for tho•• employee• who have
not completed 16 full year• of continuoua ••rvica on December 1 of any
year, which employee •hall receive $288 plua an amount equal to $12 for
each full month of completed continuom •ervice after completion of
15 years of service up to Decellber 1 •
20 or more $48 per month for $576 per year, except for thom• employees who have
not completed 21 full year• of continuoua ••rvic• on December l of any
year, which employee shall receive $432 plua an amount equal to $12 for
each full month of completed continuom •ervic• after completion of 20
years of continuoua ••rvice up to Dacellber 1.
ARTICLE XI. PROBATIONARY EMPLOYEES
'nle probationary period for all newly appointed Police 4111Ployees ahall not
be less than twelve (12) month9 fro• the date of hire. After completion of
the probationary period, the employee •hall be eli&ibla for permanent atatua.
ARTICLE XI I. PRO!«>TIONS
A. A promoted employee covered by tbi• Contract •hall aerve a twelve
(12) month probationary period in an., po•ition. After completion of aix
(6) mo nths in the new position, the Olief at hi• di•cE9tion .. y E9command
permanent status to the appointing authority. Should th• appointing authority
approve .permanent status for the employee at the expiration of the probationary
period, the employee shall be coD8idared to have permanent •tatua.
B. Any permanent employee covered by thia Contract upon being promoted
to a new position in the career Service Sy•te• aball haw probationary status
a s se t out above in any po•ition to which be vu promoted, but ahall retain
p ermanent status in his previoua cluaification and .. y voluntarily transfer
back to the previous po•ition at any ti•, or be returned to that position by
t he ~?pointing authority durin& the probatioD8ry period.
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ARTICLE XIII. ANNUAL LEAVE
A. Employees covered by this Contract ahall accUllUlate annual leave
monthly at the following rates.
Length Hours Haun
of Service per Month per Year
0-4 8 96
5-9 10 120
10 and above 13.33 160
Annual leave shall not be granted to any employ .. until after completion of
twelve (12) months consecutive aervice with the City unl•• otherwiae authori.zed
by the Chief. In order to qualify for annual lea,,. ct8dit durln& the S>nth.
the employee must have worked for at leu t one-half (It) of the working days of
that month excluding authori .. d paid le.,,..
B. The maximum accumalation of aanual lea,,. ahall be u follows:
Length of Service
0-4
5-9
10 and above
Hours
192
240
320
c. Annual leave shall neither be authori .. d nor computed for any purpose
after the maximum accumulation has been reached. 'Ole schedule for use of annual
leave shall be determined by the need• of th• depart .. nt. Annual leave shall be
taken at a time convenient to and approved by the Police Chief. Employees
shall not lose accumulated annual leave after the maximum haa been reached if
the employee has requested uae of annual leave prior to maximum accumulation,
and has been denied use of annual leave.
Annual Leave Pay
Tile rate of annual leave pay shall be the e111>loyees regular straight time
hourly rate of pay for the employee• reaular job and charaed on a working hour
basis, excluding regular days off. Annual leave shall be allowed only to the
total hourly amount accumulated at the beainning of the leave, as verified by
the Police Chief. Employees may receive their annual leave pay no earlier than
three (3) days prior to the start of their annual leave, provided the employee
makes a written request to their aurarviaor fifteen (15) calendar days prior to
the start of their annual leave.
Work During Annual Leave
If after the employee baa begun their annual leave and the City 1·eq ·:-'.1"e& 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 hour& worked at the overtime rate.
li. The employee shall not be charaed with vacation time fo r: the number
oi hours worked.
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Minimum Usage
There shall be a one-week minimum OD uae of annual leave time, unless
otherwise authorized by the Police Chief.
~ual Leave Pav Upon Separation
Any employee who is separated from th• aervic• of the City, i.e. retirement,
termination or layoff, shall be compenaated for the .unused annual leave time
accumulated at the time of separation. In the caae of voluntary separation,
the employee shall be required to give two (2) week8 notice to the City.
How Charged
Annual leave for employees shall be charaed OD a working hour basis excluding
regular days off.
ARTICLE XIV. PERSONAL LEAVE
Beginning January l, 1982, all employeu covexed by this Contract on an
eight (8) hour shift shall be granted 48 peraonal leave hours with pay and those
on a ten (10) hour shift shall be granted SO peraonal leave hours with pay
which an employee is entitled to use for the following purposes:
A. Time lost as a result of illneaa/injury to the employee or the employee's
immediate family.
B. Attend personal business.
C. Leisure time.
For any eq>loyee who has not used the 48 or 50 personal leave hours ending
December 31, of each year or any portion thereof, the City will compensate said
employee for the unused time at the employee'• regular wage rate to be paid the
first pay period of January of the succeeding year. Personal leave time shall
not exceed the 48 or 50 hours as designated above nor shall it be accumulated
or carried over from one year to the next. Personal leave shall be scheduled
and administered wtder the direction of the Police Chief for personal business
and leisure time. In the event of illness/injury in which personal leave is
requested, the employee shall notify their supervisor at least one (1) hour
prior to their scheduled reporting time.
ARTICLE XV. DISABILITY -TEMPORARY (NON JOB &ELATED)
Definition
Tcmpordry disability !~ J.eave grantod for non-service CQfinected injury or
illness of an employee which disabi:ity prevent• the emplcyee from performing
his/her duties as a City employee.
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Provision
January 1, 1982, the City aaraea t o provide tampora'Q' dlaability leave with
pay for employee& ab .. nt U a n8Ult of U1-a/injUEY at tlla rate of 100% of
the employee's regular vaa• up to 120 calalMlar day• of diaability.
Temporary diaabillty laa,,. aball not ba ....,_.iativa .,..,.pt that on Janu&EY 1
of each year the City shall r .. ton 1001 of th• number of day• used by an employee
during the preceeding year up to a maxl.IMlll of 60 days.
Utilization
A. Authorization for tempor•EY di•ahility leave with pay shall only be
granted after the first day of diaability.
B. Authorization for temporary diaability shall only be granted for the
following reasons:
1. Personal illna•• or injury not aarvice connected, including maternity.
Sick Leave Option
All sick leave accrued by per1UDent employees prior to JanuaE)' 1, 1980
• ahall wst with the employ .. , and .ay ba ,..d in the following mmmer:
A. After the 120 days as described above have been U11•d unless the
employee is entitled for retirement .. a result of disability.
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B. By cashing in all accrued sick leave acc\Dulated under the previous
plan upon normal or disability retire•nt froa the City at the rate of
one hours pay for each two hours of accrued sick leave or one hours pay
for each four hours upon separation fro• the City.
C. By cashing in accrued sick leave under the previous plan, once each
year at the conversion rate of four (4) hours sick leave for one (1) hour
pay, not to exceed a conversion of more than 400 hours each year.
Reporting of Temporary Disability
'lbe employee or a member of the employee's household shall notify the employee's
supervisor at least 30 minutes prior to the employee's scheduled reporting time.
No temporary disability leave will be granted to an employee who fails to notify
their supervisor prior to the beginning of the employee's work schedule unless
circumstances beyond the control of the employee would not permit.
Verification of Disability
An attending physician'• statement will not be necessary until after three
(3) days of disability, except when required by the Chief of Police. If the
Chief requires the physician's statement before the three (3) days of disability
requirement, the City shall bear the cost of such physician's statement.
Abuse of Temporary Disability
Abuse of temporary disability occurs when an employee misrepresents the
actual reason for requesting temporary disability or when an employee uses
Page 9 • temporary disability leave for unauthorized purposes. An employee who makes
a false claim for temporary disability leave shall be subject to disciplinary
a c tion.
ARTICLE XVI. O•TH&-JOB INJURY -DISABILITY
A. For any on-the-job injury which causes any employee to be abse~t from
work as a result of such injury, the City shall pay to such employee his full wages
from the first day of his absence from work up to and including the 90th calendar
day of such absence, less whatever sums received by the. eq>loyee as disability
wages under workmen's compensation. '11\e City reaerves the right to require any
employee on injury or disability leave to submit to an examination(s) by City-
app ointed physician(&) at the City's expense or under the provision of workmen's
compensation or the retirement/penaion 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 circumatances beyond the control of the
employee would not permit.
ARTICLE XVII. LIFE INSURANCE
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Term life insurance will be provided by the City for employees covered by
· his Contract of $20,000 for each employee. A conversion privilege upon retire-
ment of 50% coverage payable by the employee will be made available by the City
for said retired employee.
ARTICLE XVIII. DENTAL INSURANCE
During the life of the Contract, the City shall pay 100% of the premium
cost for the City Dental Insurance Plan or other plan which may be selected by
the City as a substitute for the City Dental Plan for each single and dependent
policy holder. Employees shall asawae any premium rate increase during the
life of this Contract in excess of $35 per month.
A. Tile City agrees to continue to provide each employee covered by this
Contract the same level of dental benefits as provided to them as of January l,
1980, except the City shall improve said benefits according to industry
standards each year and for the duration of this Contract.
B. Any dispute concerning the interpretation of application of benefits
under the Dental Plan shall be subject to the dispute resolution procedure only.
(It is expressly understood that this Article is a non-grievable item under
this Contract.)
c. In order to promote a better underst.nding of the City's procedure
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for resolving eq>loyee disputes concerning the interpretation and application
of the City's health and dental insurance program, the following procedures
· shall be ut i lized in those instances where an employee feels that their health
or dental insurance claim has not been proceaaed or paid in a •nner consistent
with the City's insurance plan.
Page 10 ,. 1. If an employee feels that his/her health or dental claim has been
incorrectly paid or denied, the employee shall first contact and inform
the City's Benefit Coordinator in the Employee Relations Department at
City Hall.
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2. If the disputed claim can not be reaolved by the Benefits Coordinator,
the claim will be resubmitted to the inaurance administrator for futher
r e view and consideration.
3. If the claim can not be resolved to the satisfaction of the e~loyee
by the insurance administrator, the claim will be fol'Warded with all
pertinent information to the City's insurance consultant for further
review and investigation and who shall attempt to resolve the dispute
t hrough information and mediation.
4. 'nle written decision of City's insurance consultant concerning claim
disputes involving out-of-pocket expena88 to the employee of $50 or less
shall be final. Claim disputes involving out-of-pocket expenses to the
employee of more than $50 unless resolved by City's insurance consultant
to the satisfaction of the employee shall be forwarded to the Colorado
Foundation for Medical Care for a complete review of the pertinent facts
giving rise to the dispute and shall submit to the City a written decision
which shall be final. 'nle coat for employing the Colorado Foundation for
Medical Care shall be paid for by the City.
ARTICLE XIX. HEALTH INSURANCE -EMPLOYEE/RETIREES
A. During the life of this Contract, the City shall pay 100% of the
premium cost for the City Health Insurance Plan or other plan which may be
selected by the City as a substitute for the City Kealth Plan for each single
and dependent policy holder. Employees shall aasume any premium rate increase
during the l i fe of this Agreement in exceMs of $150 per month.
B. The City agreea to continue to provide to each uiployee covered by
this Agreement the same level of health benefits aa provided to them as of
January 1, 1980 except the City shall improve said benefits according to industry
standards ea ch year and for the duration of this Aareement.
c. An y dispute concerning the interpretation or application of benefits
provided und e r the Health Inaurance Plan shall be aubject to the dispute resolution
procedure only. (It ia expreaaly underatood that thia Article is a non-grievable
item under this Agreement.)
D. Ret i rees prior to January 1, 1980 will be provided health insurance
coverage by the City on a non-participatina baaia. The coV9rage will coordinate
with Medicaid and Medicare vh•rever appl!cabla. ruture retireea will be guaranteed
conversion privileges to the Health Insurance Plan availabla through the City.
'nle Ci t y will pay 50% of th• coat of coveraa• of the conVDraion plan up to a
maximum o f $50 per month •
E. In order to promote a betb!r understanding of tho City's procedure for
resolving e mp loyee di~puteM concerning the interpretation and application of
the City's health and dental insurance program. the following procedures shall
b e u tili ~e d i n those instance& whe1·e an employee feels that their. health or
dental i n su rance claim baa not been processed 01· paid in a manna~ r;rJn&is tent
wi th the Ci ty's in.-.untnr" 'ltan.
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1. !f an employee feel• that t.ia/ber hMlth or dental claim has been
incorrectly paid or denied, the employee •hall firat contact and inform
the City's Benefit Coordinator in th• lllploy• lalatiaaa Department at
City Hall.
2. If the disputed claim can not be r .. olvecl by the lenefit• Coordinator,
the claim will be resubmitted to the iaaurmace adlliniatrator for further
review and consideration.
3. If the claim can not be reaolv.d to the aatiafaction of the employee
by the insurance adminiatrator, the claim will be forwarded with all
pertinent information to the City'• iD8uranca conaultait for further re-
view and investigation and who •hall atte11Pt to reaol'V9 the diapute
through information and mediation.
4. The written decision of City'• iaaurance conaultant concerning claim
disputes involving out-of-pocket expen•• to the employee of $SO or leaa
shall be final. Claim diaputu involvina out-of-pocket expenau to the
employee of more than $SO unlaaa ruolwd by the City'• iuurance conaultant
to the satisfaction of the employee ahall be forwarded to the Colorado
Foundation for Medical Care for a complete revi., of the pertinent facts
giving rise to the dispute and ahall aubait to the City a written decision
which shall be final. The coat for eaployiq the Colorado Fowidation for
Medical Care shall be paid for by the City •
ARTICLE XX. MILITARY LEAVE
A. Any permanent or probationary employee who enliata or is inducted into
the military, naval, air or other armed service• of the United States in time of
war shall be entitled to a leave of absence without pay for the duration of such
war or until honorably discharged, whichever occur• firat, and for one (1) year
thereafter.
B. Any employee who ahall be a member of the National Guard or any other
component of the military forces of the State, now or hereafter organized or
constituted under the State or federal law, or who shall be a member of the reserve
forces of the United States, now or hereafter organized or constituted under federal
law, shall be entitled to leave of absence froa his employment without loss of pay,
seniority, status, efficiency rating, vacation, aick leave or other benefits for
all the time when he is engaged with such organization or component in training
or active service ordered or authorized by proper authority pursuant to law, whether
for State or federal purposes, but not exceeding fifteen (15) days in any calendar
year. Such leave shall be allowed in case the required military service is
satisfactorily performed, which shall be presumed unless the contrary is established.
c. Such leave shall not be allowed unless the employee returns to his public
position immediately upon being relieved from such military service and not later
than the expiration of the time herein limited for auch leave, wiles& he is
prevented from so returning by physical or mental diaability or other cause not
due to his own fault or is required by proper authorities to continue in such
military service beyond the time herein limited for such leave.
D. Subject to provision A, B, and C above, the City shall provide full pay
to an employee Kranted military leave, less whatever wages the employee may have
received hv the military for such service.
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ARTICL E XXI . FUNERAL LEAVE
The appointing authority shall grant leave with pay to an employee to attend
the funeral of a member of the employee's family. 'l'he n\llber of days granted
shall be governed by the circumstance• of the cue, but in no event ahall they
exceed seven (7) calendar days. For th• purp08U of thi• aection, "employee's
family" shall mean the employee'• apouae, or the children, grandchildren, parent•,
grandparents, brothers and sister• of the employee or of th• employee'• apouae.
ARTICLE XXII. JURY DUTY
Leave may be granted to an employee for aervin; on jury duty. He shall be
entitled to the difference between his regular compensation and the fees received
for jury duty.
ARTICLE XXlll. HOLIDAYS
Employees covered by this Contract ahall be acheduled for ninety (90)
hours off with pay at the discretion of the Police Olief or his designee.
Scheduling will be dependent on manpower need• and the Q\ief, with the approval
of the City Manager, may pay the employee in lieu of the time off.
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:
A. The employee shall be paid for all hours worked at the overtime rate.
B. The employee shall not be charged with holiday time for the number of
hours worked.
ARTICLE XXIV. UNIFORM CLEANING ALLOWANCE
A. The City shall furnish, or bear the coat of uniforms, including leather
gear, insignias, shoes and clothing, required while on duty, and shall pay all
costs of maintenance, repair and cleaning thereof. All employees assigned to
the non-uniform division for a period of thirty (30) days or more and not
required to be in unifo rm during work, shall receive a monthly clothing allowance
of $40. The City shall provide the necessary cleaning. '11le employee shall be
responsible for all lost or stolen items identified above or damage to same as
a r esult of n~gligence or deliberate act.
B. The City will reimburse an employee 50% of the cost for the purchase of
a bullet proof vest (flack jacket) up to a maximum of $75.00. Reimbursement shall
only be made once every five (5) years and the employee auat retain possession
of the jacket during the five (5) year period •
ARTICLE XXV. LEAVES OF ABSENCE (WITIIOUT PAY)
Eligibility
PE::tr!k. •• ent employet?s covered by this Contract may be granted a leave of
absence without pay for rea!lons of education which i3 allied to the duties of
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• the City, settlement of an estate, child cate, serious illness of a meai>er of the
employee's family, but shall not be used for the purpose of obtaining employment
elsewhere. Leave without pay shall not exceed •ix (6) months of any year but nay
be extended upon requeat for an additional aix llODtba. 'lhe total leave time shall
not exceed one year. Upon retum from approved J.aaw, the employee will be restored
to their former position if available or to a poaition comparable for which the
employee is qualified. During periods of uapaid leave, employees shall not continue
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to accrue service credit, or be eligible for my City benefits.
Application for Leave
A request for a leave of absence without pay ahall be aubmitted in writing by
the employee to the Police Qiief. 'Dle requ .. t •hall indicate the reason the leave
of absence is being requested and the approximate length of leave time requested.
Consideration of Leave lleguest
The Police Chief may grmt or deny leave requeau, taking into consideration
the department's work force, work load and the 911Ployee'• request.
Failure to Return
If an employee f aila to retum by the date of leave expiration, the employee
shall be considered to have voluntarily r .. ianed fro• the service of the City,
unless the appointing authority determinee that unusual circU11Stances exist •
ARTICLE XXVI. GRIEVANCE PROCEDURE
A grievance i• defined as an alle&ed violation of a specific provision of
this Contract. The employee and the Association ahall be required to follow
the procedure aa ••t out below.
Step l
If the employee/Association is unable to settle the arievance or diapute
orally and informally throu&h hi•/her ilmftdiate auperviaor within five (5) work
days of the date of the occurrence of the arievance, or the •llPloyee's knowledge
of it, the employee may within th• eucceedina five (5) vork days file a written
grievance with his/her supervisor. 'lhe auperviaor ahall attempt to adjust the
matter and shall respond in writing to th~ employee within five (5) work days.
Step 2
If the grievance still remaina unadjusted, it shall be presented by the
employee to the Police Chief in writing within five (5) work days following
receipt of the supervisor's response. 'nle Police Chief ahall respond in writing
within five (5) work days.
Step 3
If the grieva,1ce still remaiw; unadjusted, it shall be presented by the
employee to the City Manager in writing within five (5) W(ll'lt days following
receipt of the Police Chief's response. 'lbe City Hanaaer or his/her designated
repr esentative shall respond in writing within ten (10) work days.
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Step 4
If the grievance is a till unsettled, the employee within ten ( 10) work
days after the reply of the City Manager or hi.a/her deaignated representative,
may by written notice request the matter be heard by the Career Service Board.
The Career Service Board or ita deaignated hearina officer ahall be requested
to issue a decision within thirty (30) daya after cmcluaion of testimony and
argument. Each party shall be reaponaible for companaation to its own repre-
sentatives and witnesses. If either party deaire• a verbatim record of the
proceedings, it may cause such a record to be .. c1e, provided it pays for the
record and makes copies available without char&• to· the other party and to the
Career Service Board or it• deaignated hearina officer. Failure by an employee
or the Association to comply with any ti.lie liaitation ahall conatitute a settle-
ment of the grievance. Should th• employer not reapond within the prescribed
time, the grievance will automatically proceed to the next atep.
Authority of career Service Board
'lbe Career Service Board or its designated officer shall have no power to add
to or subtract from or change the terms of thi• Contract. '11le written decision of
the Board or its designated hearing officer shall be final and binding upon the
parties. 'lbe Board or its designated hearing officer ahall limit its decision
strictly to the grievance submitted which bas b .. n properly processed through the
grievance procedure outlined.
• Processing Grievance During Workin& Hours
Grievances may be investigated and proceaaed by the employee during working
hours within reasonable time limits without loaa of pay .provided notice is given
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and the work load permits.
ARTICLE XXVII. DUES OEDUC'l'ION
A. The City agrees to deduct the Aaaociation dues once each month 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. lbe amounts
to be deducted shall be certified to the City Finance Director by the Treasurer
of the Association, and the aggregate deductiona 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. 1.'he authorization shall be
revokable during the term of the Contract, upon a thirty (30) day written notice
by the employee to the City Finance Director.
B. Deduction shall be made from only one payment of wages each month,
except that if no wages are paid an authorized employee on the last payday of
a given month, deduction for that month will be made from any wages which may
be paid to him/her on the next succeeding final monthly City payday. 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 checkoff list, the City will not be
responsible to neke adjustments, until notified by the Treasurer of the Association.
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c. n1e Association shall indemnify and hold the City harmless again& t any
and a ll c laims, suits, orders, or judgments brouaht or issued against the City as
a res•1lt of any action taken or not taken by the City under the provision of this
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o. Chan&• in the dues amount to be deducted shall be limited to two (2)
change• each year, and provided a thirty (30) day written notice is provided the
City Finance Director.
E. Should the change in the deduction a..,uat ·or method require a computer
programming change, the Association shall be r .. poaaible for that cost of such
change or changes, at $30 per hour with a four (4) hours mu:haum. Payment from
the Association shall be made to the City Finance Director within ten (10) days
of receipt of billing.
ARTICLE XXVIII. ASSOCIATION AcrIVITifS
The City agrees that during workina hour• on tba City premiaea and without
loss of pay, Association representatives .. y be allowed to: attend Aasociation-
management meetings; post Association noticea; aolicit Aaaociation aielllberahipa
during employee's non-work time; and repruent uiploye• OD &rievancea •
ARTICLE XXIX. RULES AND REGULATIONS
Except as limited by the express terms of tbia Contract, the City retains
the right to promulgate reasonable rules, reaulatloaa, policiu, procedures
and directives. Said rules, regulations, pollci•, and procedur es and directives
which are an alleged violation of this Contract ahall be aubject to the grievance
procedure.
ARTICLE XXX. MERIT INCREASE.5
The wage increaseti provided for Police Officer 4th Cl-throu&h lat Clue
shall not be considered automatic, but rather b ... d upon .. ritorioua aervice.
Said merit increase may be granted or denied to any individual Police Officer
upon recommendation of the Police Olief and with the approval of the City Manager
upon written notice to such individual Police Officer. '1'h• date in which the
merit increase is approved shall determine th• n., aerit anniversary date.
ARTICLE XXXI. DUTY TO TESTIFY
Should any employee be required to testify before any court or departnental
administrative hearing as a result of his or her official duties with the City,
the time spent by such employee in providing auch teatimony shall be considered
to be wo rk time. If such appearance for testimony is at a time when the employee
would otherwise be off duty, he or she shall be paid a minimum of two (2) hours
at the overtime rate. 'nle employee shall pay to the City all witness fees, and
other c ompensation paid to the employee in conjunction with so testifying excluding
mileage fees. An employee who is called for witne•• duty shall present to their
supervisor the original au111110ns or subpoena fro• the court or at the conclusion
of su~h ~uty, shall provide a signed atat8118Dt fro• the clerk of the court, or other
evidence indicating the amount of time hiM/her peraon was required. When he ia
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subpoenae d as a witness in private litigation to teetify, not in his official
capacity but as an individual, the time absent by reaeona thereof shall be taken
as annual leave or leave without pay.
ARTICLE XXXII. ACTING PAY
A. All acting positions will be compenaated at 100% of the pay for the
position in which he is acting ae approved by th• Qlief of Police. 'lbe employee
must be in the position for a period of thirty (30) consecutive calendar days
before said employee becomes eligible for acting poeition compensation. Such
pay will be retroactive to the first day of said employee assumes the responsi-
bilities of the position.
ART! CLE XXXI II • BASE SALARY
For the purpose of determining an employ• .. baa• wage, the employees regular
straight time wage rate and longevity shall be used, excluding all other forms
of employee compensation. ('lhe above proviaion •hall be used only for the
purpose of determining pension benefits under th• City and State pension plan.)
ARTICLE XXXIV. llE~IUMENT BENEFITS
~ Retirement benefits shall be provid•d for •• •tipulated under State Statute.
In addition, the City shall continue to provide the aame level of benefits as
provided for in the Englewood Municipal Code.
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Employee contributions will not be increaeed above the 5% to employees
hired prior to April 8, 1978 and 8% for employe .. hired after April 8, 1978
contribution levels unless required by State Statute.
ARTICLE XXXV. TUITION REFUND
Upon recommendation of the Police Olief and after prior approval of the
City Manager, the City of Englewood shall reimburse a permanent, full-time police
officer upon successful completion of an approved course or courses in education
or vocational training. 'nle course or training must be related to the work
and be designed to improve competence in the job, and be of value to the police
officer's service to the City. 'nlis shall include all tuition, and required
texts.
ARTICLE XX.XVI. BIDDING PROCEDURES FOR HOLIDAYS, VACATIONS AND SHIFT ASSIGNMENT
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. Prio~ City ~mployment in oth~r than a Police Officer
capacity will not apply toward senluri'Y· Probationary emp~oy~f:S will u~c be
include d in the bid process.
Sergeants' seniority will be determined by their last promotion date and
not total time as a Police Officer. Only the time as a Sergeant since his most
recent prnmotion will be applied toward seniority for bid procedure.
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Bi ddin g fo r Watches and Days Off
B. The seniority bid system will be applicable to personnel assigned
to the un i formed patrol division only and will notb•,authorized in any other
divis i on.
The uniformed patrol division commander will develop and post a schedule
prior to each year for a six-month period atartina November 1 and ending
April 30. The uniformed patrol division commander will develop and post a
second schedule prior to May 1 each year for a aix-llODth period starting May 1
and ending October 31. ·
The patrolmen in the uniformed diviaion will bid twice a year. Each bid
process will consist of two (2) three (3) month interval•. The first bid each
year will be for November 1 through January 31 and Pebruary 1 throuah April 30.
The second bid each year will be for May 1 throuah Auauat 31 and Auauat 1
through October 31.
There will be ten biddable poaitiona OD each watch. The bidding proceaa
will begin with the most aenior police officer biclclia& the poaition of hi•
choice. In tbe descending order of aeniority each r ... inin& officer will have
a choice of th~ remaining biddable poaitiona. All apecialiaed positions
such as motorcycle officer, , crime prevention officer, mounted
patrol officer, etc. will not be open to bid. 11'9 apecialiaed aasignment•
along with any no bid positions on a watch will be in addition to the ten biddable
positions on each watch.
Officers may request non-biddable poaitiona and an att .. pt will be made to
accoDD11odatethem, but such positions will be ... 1...-s at the diacretion of the
patrol division commander.
If an officer fails to submit their bid in accordance with tho bidding
procedure they will relinquish their oppo»tunity to bid by aeniority and will be
assigned at the discretion of the patrol diviaioa cOllll&nder.
The sergeants in the patrol division will bid by seniority in the following
manner :
There will be one-biddable position on each watch established by the patrol
d i vis i on commander. The sergeants in the patrol division will bid the remaining
biddable position from the most senior sergeant on down. Sergeants may request
non-biddable positions and an attempt will be .. de to accoamaodate them, but such
positions will be assigned at the discretion of the patrol division commander.
Sergeants will follow the same bid schedule proc••• as patrol officers. The
s e rgeants will bid two (2) three (3) month watche• at a time. Sergeants will
not be allowed to bid the same shift more than two times in a row.
Officers or sergeants assigned to other diviaion• and who are reassigned to
the patro l division will occupy the position vacated by the person they are
replaci ng. If other positions are available, they may request assignment to
s uch position, but may only be assigned at the discretion of the patrol division
conunan<ler. These personnel will then be allowed their seniority for bid at
the n e xt bid proces~.
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It is further understood that a schedule chanae for unforeseen emergency
circum!:itances arise, officers and sergeant• may be a•aigned by the patrol division
commander from one shift to the other to handle whatever emergency situation
exists during the duration of the emergency. The officers or aergeanta in
descending order of seniority will be asked if they want the assignment change
from their assigned watch during the duration of the emergency. If it is
necessary to assign officers or aergeant• after tbi• procedure has been done
the least senior officer on the watch will be selected first to change assign-
ments by the patrol division coaaander. Thi• proce•• will continue until the
division commander has met the needs of the emeraency aituation.
c. Bidding for Vacations and Holidays
Vacations will be bid by seniority. Vacation• will be bid by seniority only
one time during the year November 1 through October 31.
An officer or sergeant will bid for vacation accordina to the bidding
schedule. He will be able to bid during the firat six (6) month bid process
November through April 30 or the second six (6) llODth bid process May 1 through
October 31. Vacations other than his .. niority bid vacation will be on first-
requested basis.
All vacation requests will be sianed and dated by the receiving supervisor
on the date of receipt. Any vacation requested after the bid process closes
will be on a first-requested basis •
Vacations are expected to be scheduled in aood faith by each employee and
shall specify the exact dates desired.
In the uniformed patrol division not more than four officers or one sergeant
per watch will be scheduled for vacation or holiday leave at the same time, unless
approved by the patrol division commander. Not 110re than two officers or one
sergeant within other divisions will be scheduled for vacation at any one time
unless approved by their division coaaander. Vacation• within the investigations
and administration divisions will be scheduled by their division commander according
to seniority.
Holidays will be bid after all vacation• have been bid by seniority with
vacations taking precedent over holidays. The bid ti.. for holidays is the same
as vacations according to bid schedule except that any holidays not scheduled or
used by August 1 of that year will be aaai&Jled.
The schedule process for bidding will be aa follows. The bidding process
will take place in October for November . 1 throuah April 30 and April for May 1
through October 31. Holidays will then be bid. Watchea and days off will be
bid first along with a seniority preference for vacation if so desired. Holidays
will then be bid by seniority. More than one holiday at a time may be taken as
long as the requirement of four per watch ia .. t •
ARTICLE XXXVII. LETTER OF WARNING
It is agreed that a copy of any letter of reprillaftd which is placed within
an employee's personnel file will be furnished the affected employee.
TI1e employee retains the right to respond in writing to the letter of
reprimand which response shall also be placed in the employee'• personnel file.
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The employ ee also retains the right to requeat an administrative review of
the letter of reprimand. 'lbe Q\ief of Police •hall develop this administrative
review procedure which shall at a minimum coaaiat of a board with equal repre-
sentation of command staff and Aasociation llmlbera. Thi• board •hall be advisory
to the Chief of Police, and it• finding• ahall be placed in the employee's
personnel file. 'Ibis Article shall not be ariev.mle under this Contract.
ARTICLE XXXVIII. EXCLUSIVENESS OF AGREDl•T
The City and the Association agree that the term and provisions herein
contained constitute the entire Agreement between th• parties and supercede all
previous conaunications, repruentation• or aarewnta. either verbal or written,
between the parties with respect to the •ubject •tter herein. 'lbe City and
the Association agree that all negotiable iteaa have been di•cusaed during the
negotiations leading to this Agre ... nt and, therefore. aaree that negotiationa
will not be reopened on any item durina the life of thia Agreement except by
mutual agreement of the parti ...
In Witness Whereof, the partiea have cauaecl tbia Contract to be signed by
thelrl respecthe /Ypreaentativ•, and their •ipatuna pl•ca thereon, on this
/3 li#i"' day of . T.J , 1981 at Enalawood, Colorado.
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CITY OF ENGIBJOOD ·
11.L./J. ~ ·1==-· .. ,,,
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ADDENDUM TO THE 1980-1981 COllTIACT
BE'IWEEN THE CITY or DIGLIWOOD
AND THE ENGLEWOOD POLICE llNIPIT ASSOCIATION
This Addendum to the 1980-1981 Contract entered into by the authorized City
representatives and the Englewood Police Benefit j9aociation ahall be a mutual
request of the above-named parties that the Bna1-food City Council modify the
current 1980-1981 collective bargaining contract to reflect that effective July 1,
1981 a ten ( 10) percent wage differential be eatabliahed between the cl.asses of
Police Officer and a twenty (20) percent waaa differential between the position
of Police Officer First (1st) Class and the rank of Sergeant. In addition, a
six (6) percent wage adjustment will be added to the position of Police Officer
First (1st) Class and the wage differential daacribed above will be applied.
As a result of this understanding and aare ... nt, the following salary
schedule will · be established.
Police Officer 4th Class
Police Officer 3rd Class
Police Officer 2nd Class
Police Officer 1st Class
Sergeant
Present
$1,333
1,482
1,605
1, 706
2,035
7/1/81 (Including a·
6% wage adjustment
& differential
$1,359
1,495
1,644
1,808
2, 170
'nle parties respectfully request this modification and by th~ respective
representatives have placed their signaturea thereon, on thi• r> day of July,
1981 at Englewood, Colorado.
CITY OF ENGLEWOOD
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