HomeMy WebLinkAbout1979 Ordinance No. 033•
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ORDINANCE NO. 33
SERIES OF 1979
AU THOR I TY
COU NCIL BILL NO. 36
I NT RODUCED BY
COUNC ILMAN CLAYTON
AN ORDINANCE AP RO V I l> ,~OLL E TIVE BA RG AIN I NG AGREEMENT BY AND
BETWEEN THE CITY OF EN7LEW OD, COLORADO, AND T HE ENGLEWO OD
EMPLOYEES ASS OCI T N, EF B TIVE JANUARY 1, 1980 THR OUGH DEC EMBER 31,
1981; APPROVI G A D FI 1\'I' 0 0 THE WAGE PROV ISIONS CONTAI NED IN
THE COLLEC TIVE BA fl. ' . <"'.RE ·ME T DATED SEPTEMBER 8, 19 7 8 .
reement d t ed July 9, 1979 by and WHE REAS , a c.
between the c· y of
Associa ion h s b
said parties; and
W• ) an t h nq l w od Employee s
WH EREAS, o j q,
ratified by am jor ·t · o
Associat ion; and
t t ive s of each of t he
~ 7 9, S u i T e nt ti e Agre ement was duly
'~ n ernb r s o f the E n glewood Employee s
WHER EAS , tr l .... n . it. ,.ti cs of h i y a nd of the Eng l e wood
Employ ees Ass oci l. • dVC f ur lher c:tg c d to submit a mutual re quest
to the City oun i .L to met ..._ y the urr nt w ge provisions con tained ·
in the Collec t ive B _ya1r nq Ag ceQ n t o f cep e mbe r 8, 1978 a nd
approved by Ord i ,ne e ~o. '-, ~e is of 1 79; and
WH EREA , <!ct 1 '1 _ -1 _ -1 0 ( c ) , · s am nded, requ ires th at the
Tentative Agreern n b e u o e by Ordi nance duly pa ssed by Ci ty
.Council.
NOW, THERErOR E, B
CITY OF ENGLEWOOD , COLO
I 'l' ORDA
f)
ED BY THE CITY COU NCIL OF THE
Section 1. That t e
and between the Ci o n
Employees Associa tion ,
1981, a copy of wh ic h is a
and the sam is l p ) J t1 .
Agreement dat d J ly 9 , 19 7 9 by
, Col r do , and t e Englewood
January 1 , 1 980 thr ough December 31,
h r o nd m de a pa rt hereo f , be
Section 2. Th he s o the repr e senta tive s o f
the off ice of h L i y e p sent t i v s of t h e Englewood
Employees Associa ion c rr n t w ge pr vis ions con -
tained in the Co l ec l 1 r e m nt d ted Sept mber 8,
1978, approve d y Or Jn .1 s ri s o 197 9, whe r eby, effec -
tive July 1, 197 9, each o t 1 e mp oyees covered by th e terms of
the September 8, l 7 Co] cc ·ve Darga 'ni ng Ag reem e nt sh 11 r e ceive
a 4% wag e increa se on ~a1d n loy es' ann ual salary , be and t h e
same is hereby a )r O''
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Section 3. Th t
authorized and d ir c
Agreement betwe en th
Association dated Ju
to the agreemen t of Se
Finance, ex officio ,.
r o th City of Englewood is hereby
o xecute the Col l ec tive Bargaining
i y of Eng l e wood and the Englewood Em ployees
, 197 ~ toge ther with the wage modification
tern er 8, 1978, and that the Director of
y C lerk-T re a surer, shal l attest the same.
Intro uce , r .u it f u 1 , nd p as sed o n i rst reading on
the 16th d y of Ju , 19 "9 .
Pub ish d s
July, 197 9 .
Read y t · l , n
of August, 79.
Pub lished
on the 8th d o
Attest:
----
is a ru ,
final r
, Seri e s o
r n Ordina nc on th e 18th day of
., s sc on fin 1 r i g on the 6th day
,t!., Or inan ce No . 33 , S er ies of 197 9, 7 . ~-~~
Mayo
b ce ify that t he above and
complet c o py o f the Ordinance
y t'tl as Ordinance
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Thi s Ag r e me n t
Englewood Employ e s
relations b t ween t
ful procedure f o r t
of pay and hou r s o f
!EMO DUM OF UNDE RSTANDING
BETWE EN THE
CI TY OF ENGLEW OOD
AN D TH E
~NP LOYEES ASSOCIAT ION
y th Ci t y of Englewood, Colorado and the
h as a s i ts purpose the promotion of harmonious
! )•lew od n d i ts Emp loyees, a fair and peace-
dif fe r ence s; the establishment of rates
on<l"t ions o employment .
Except w er li · "'xpr es s p rovis ions elsewhere i n this Agreement,
nothing in th i s Ag r e .. ~~1 b e c anst 1e to restrict, limit or i mp air the
rights, p ow e s and a..ith ority it:y cos g r ant e d to i t under the laws of
the State of Col r aao u. .u :...1'< 'h r -1.!r a n d Mun icip al Code . The rights,
powers, and u t h r · "h .. J 4J.-.. u t a ce n t iml. t d to, the fol lowing:
1. It ~t of t h Ci t y to determine the mission 0£
each of its c o n t"tu
the provisions of t l
to the public , and
and operations.
c '"'rt:.1el t s , b oa ·ds and co nuni s sions , ·consistent ·A.lith
t o s t s t cUl da r d s of service to be offered
nt rol a n d d i s cretion over its organization
2. It is als t e e ·c ~i ~r ig h t o -t e City Q direct its employees,
take discipli nary ac t ion -o prope r c a w , r e lieve its employees from duty
because of lack of work r fo r ot c l e g i tima t reasons, and determine the
methods, means a n d p e r s o nnel by \.:hich t he Ci ty's op era tions are to be conducted.
The City r etai s t he ri l to ch ng a ny past prac tice which is not in
conflict with this Agr eement . In t h e e vent a past practice is sought to be
changed by t he City , th As !.o ciation will b e p rov' ed n o tice of the intended
change. The As s o cia ion ~etiins th e r "gh t to gri eve the reas onableness of the
change purs u an t t o t he g i.cv ... '! .... p r o c ed ure.
ARTICLE I. DURAT I F Gb.Ew ~-r
A. Th i s Agr ~ e \
in force t o a nd i nc:
B. Thi Ag r ee
any time by mu t u l c
ffc o n J a nuary l, 1980 and shall continue
31 , 1 9
:) rt t way b e ermi.nate d or renegotiated at
11J t pa r ties .
f i s Agreement should be hcl<l invalid
c o mp e t e n t j urisdiction , or if compliance
r ecti n s hould be r e s t rained by such
C. If any r t iLl c o t-
hy operation o f l w o r a· '
with or enforc nt o a
Court, the r e ma i n der o -' is • recment sh 3ll n ot be affe cted thereby and this
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Agreement shall remain i n
meet and confer for th e
factory replacement for
o rce and effect, and the parties shall promptly
of attempting to arrive at a mutually satis-
article or section.
D. 'lhe parties a g e e a d understand that provisions relating to
employees covered by t h"s Agreemen t shall in no way displa ce or modify present
or future statutory or c ase law of the State of Colorado.
E. The parties acknowled ge tha t during negotiati ons which resulted in
this Agreement, each had Lh unlimited right and opportunity to make demands
and proposals with respe ct u ·any subject or matter appropriate f or meet and
confer discussions and that the understandings and agreemen ts arrived at by the
parties after this e~ rclsc of tha t right and opportunity are s et forth in
this Agreement.
ARTICLE II. RECOGNIT I 1
lhe City r c o the gl ewo d Employees Association as the employee
organizat ion ce rtif " b; h Car er Service Board o f the City of Englewood as
the exclusive repr s · ta t ~ ~ r lh p ublic empl oyees within the following
bargaining uni t:
Includ d: £ul ti e , pe manent, classified non-emerge ncy employees
of th c· ty.
Excluded : Al p r
students and a l
ARTICLE III. NONDI
c, t em porary , s easo nal, and contract ual employees,
hi ed through th e us e of Fede ral , state or
' ·~
c~s for s ecial projects or programs .
A. The City w · U r C!.fer w· th r discriminate in respec t to any term
or condition of loyme n t a g ·nst any e mploy ee covered by this Agreement because
of member ship · n, or i. .. 1tc ac tivity as provided in this Agreenent on be-
half of the member s o f b· gaining unit, nor will the City encourage member-
ship in
B. The Associ tion r c o· 11izes its responsib ility as the exclusive bargain-
ing agent and agrees co r p es ent all emp loyees in the bargaining unit without
discrimination, in rf cr ct~', r~s raint or coercion.
ARTICLE IV. EMPLOY
A. Employ o
in the activities of
of representation on
RIGiT
B. Employees of h
participate in any ac
right to represent th ms
the City.
C. o employee shall b
coerced because of th x •rc i
s all h ve the right t o form, join and p articipate
ganizat i o ns o f t heir own choosing f or the purpose
of employee rela ions. ·
also shall have the right to refuse to join or
of em ployee organizations and sh all have the
i nd ividually in th e ir emp oyment relations with
int rfer d with, intimid a ted , restrained, or
of th e ri ghts .
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ARTICLE V. HOURS OF WORK
All department , w ·t ' or activities shall observe office and working
hours necessary for.the fficient transaction of their respective services.
Such have been determined f o r n on-emergency employees as follows:
1. All employee
(40) hours per
(40) hours pe
cove ed by this Agreement shall work at least forty
.in the case of shift work, an average of forty
work week shall consist of five (S) eight-
L 11 ·4 \ 0 1 schedult!s as de ter min ed by the de partment hour shi t , o
head with ap r vil
ARTICLE VI. 0 RTI 1L w pJ·
A. For all
provided, duti
be consid red
allotted on
B.
those so t rmlne Lo
compensated for overt·,
the normal pay r t c
computed at th e ra
C. The
overtim comp
employee b 1 w
Ci ty Manager.
C( r d by thi Agreement and except as otherwise
-· d above the assigned work schedule shall
e shall ot b e computed no r compensation
ve rtime .
pointing uthority, all personnel, other than
m t from compensation of overtime, shall be
the rate of one and one-half (l ~) times
i o ry im~ ff du ing normal work hou rs ,
on -h a lf (l~ times.
,, t h e o i n ting authority may authorize
wo ked dur i g eme ·gencies for any IDIJilicipal
lt:N C:l .
D. Th City r t i · t ' e r g
qualified to p rf rm h -..;o
t o as ign overtime work to any employee
ARTICLE VII. ACT P
All a c ti g posi t j o'1S wo d be compensate d at one-half the difference
between the employe 's ctual c lass if icatlon a nd that is which he i~ acting
as approved by th ap o ·nti n g authority, namely th e City Manager. The employee
must be in t po it·o for period f thirty (30) consec utive calendar days
before said employ e b ~o e igible for acting pos ition compensation. Such
pay will be r t roa t · l. t e flrst day of said mploye assuroes the
responsibiliti s o f ?ositi o n.
ARTICLE VIII. MER T I NCREA ES
All merit i n cr s provided for the e mp loyee will be considered upon the
anniversary date a id sl Jl tot b e consid red au tomati c, but rather, bas1!d upon
performance. S ·d rit i c e may be granted or denied to any individual
employee upon reco~nda ion of the department head and with the approval of
the City Manager upo n n -·c_ to such i nd ividual employee. The date in which
the merit increase i3 hall d termine the new merit anniversary date.
ARTICLE IX. COMP E ~Tl •
A. Each employ e
rates set forth in th
1 s· icd ervice hall be paid at one of the
• J ;>. n for t e clas s in J ich e is employed.
Pa~a 4
n. At least th
who is starting his
ml lllum r te of pay for a clas s sha ll be paicl to an employee
mploym nt with the City.
• c. When a regular full-t ime position not under the classified service
is brought into the cla sifi d service, the rate of pay of the incumbent may
be set by the City at th s tep c losest to his current rate in the grade
established for the cl s . In uch cases there will be no reduction in pay.
D. A change in nn r s ry d ate will result when:
(1) The mploye e i n 1 1..!' v e witho ut p a y. The previous anniversary
date shall be a justed 0 1 month for each tw e nty-two (22) working days
of leave without p y i n ny twelve (12) month period.
(2) 'nle employee termin t s his employme nt and later is re-employed.
'!be new annive rsary date shall b e de termined by his new employment date.
(3) When it is determine
date of the increase wi
t h at t he emp loyee merits an increase, the
d etermine the new anniversary date.
E. Employees of t he City of Englewood represented by the Englewood Employees
Association and covered by this Ag reement siall receive a seven percent (7%)
increase on the bas e wa g e ~ffe c t ive Jan uary 1, 1980. On January 1, 1981
all meni>er s covered by thi s A r em e t hall rece ive a seven percent (7%) wage
increase on the bas e wag e.
ARTICLE X. LONGE VI TY COMPEN AT ION
• In addition to a n emp l oye •s mo n thly salary, the employee shall be
eligible for longevity c o en ati on b a s ed upon the number of years of
continuous service with he Cit • a nd s hal l be derived from the following schedule.
Years of
Service Am un t o f Compensation
0-4 one
5-9 $12 per mon t h f o r $ 4 p er year , except for thos e employees who have
not compl t ed 6 ful ·nr· of continuous service on December l of any year,
which employees s h 1 r . i ve an amunt equal to $12 for each full 1nonth
of coq>leted continuous s rvice after completion of 5 years of cont.inuous
service up to Dec emb r 1.
10-14 $24 per ·month or p er year , except for those employees who have
not completed 1 1 u ll y ars of continuous service on December 1 of any
year, which emp loyees s 1 receive $144 plus an amount equal to $12 for
each full month of co mpl ted co nti nuous service after completion of 10
years of continuous service up t o Decemb er 1.
15-19 $36 per month fo r 4 3 2 per yea r, except for those employees who have
not compl e ted 16 f u 1 y a r s of continuous service on December l of any year,
which employee shall r 'Ce ive $288 plus an amount equal to $12 for each full
month of completed c o nt "n uous service after completion of 15 years of
service up to Decembe r l.
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20 or
more $48 per month for $5 76 per year, except for those employees who have
not coq>leted 21 full years of continuous service on December 1 of any year,
which employee shall receive $432 plus an amount equal to $12 for each
full month of completed continuous service after completion of 20 years
of continuous service up to December 1.
ARTICLE XI. PROBATIONARY EMPLOYEES
'llle probationary period for all newly appointed employees shall be twelve
(12) months from tl date f hi re . After completion of the probationary period,
the employ e shall be give n p nent tatus.
ARTICLE XII. PROMO TIO S
A. A promoted City e lo ee shall receive a minimum of one step increase
in pay and serve a twe lve month p r oba tionary period in the new position;
provided, however, hat having satisfac torily serv ed i n said new position
for a period of at 1 s t (6 ) months , the head of the department to which
the employ e was pr root e d my re commend permanen t status .in the new position
for the employee prior to h exp iration of the twelve (12) month period.
Should the appointi g aut o r ty approve pe rmanent status for the employee
prior to the expira t· n of the twelve (12) mon t h p robationary period, the
employee shall be conside r e t o have permanent s ta t us. Upon attaining permanent
status in the new pos i ion, t. e employee shall r e c e ive a one step increase in
pay ; provided, howeve , Lha t t he additional step is a vailable in the new grade.
Whenever a vacant position is t o be fil l ed , ·the top three (3) names on the
proper eli ibili ty list ~hal l be submitted t o the appointing authority for the
selection of one (1) appl· nt to se rve a proba t ionary period. Competitive
examinations for posi tions above th entrance level shall be open to qualified
City employees, and th e f i n al score of each applican t shall include appropriate
considerations of the a p li·a t 's qualif cations , re c ords of perf ormance and
seniority with t he City.
B. Any permanent employee in the classified service upon being prcimoted
to a new position i n the Career Service System shall have probationary ~tatus
as set out bove in an· position t o which he was promoted, but shall retain
permanent status in his p revious classification and may transfer back or be
return ed to that previous posi tion at any time during the probationary period
at the discretion of the appointing auth ority.
C. 1be reclassification of a position occupied by a permanent em;~loyee
in the classi ied service s h a l l not be c onsidered as a promotion.
ARTICLE XIII. ANNUAL LEAVE
A. Employee cove red by t his Agreement shall accumulate annual leave monthly
at t he rate of l~ day s per month of ac t ive service. Annual leave shall
not be granted to a ny employ e until after completion of twelve (12) months
consecutive service with t h e City un less otherwise authorized by the department
head . In order to ualify f o annual leave credit during the month, the
employee must have worke d for at leas t one-half (~ of the working days of
that month excluding au hori z d paid leave. Fo r those employees having less
than ten (10) years con i uo us service, the maximum accumulation of annual
leave shall be thir · (30) d ays .
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B. After ten (10) years o f con t i nuous service with the City, empl11yees
shall accumulate annual leave at the r ate of l~ day s of annual leave per m:>nth
of active service . In order to q ualify for annual leave credit during the
mo nth, the e~loy e e must have worked f or at least one-half (~ of the working
days of t h at month excluding a u tho r ized paid leave. The maximum accumulation
shall be 40 days .
C. An nual lea ve shall nei ther b e authorized nor computed for any purpose
a f ter th e maximum accumul ti on h as bee n reached .
Use
The sch dule for us o f r.n ual l eav e shall be d e t e rmine d by th e n e eds of the
de partme n t . Annu a l leave sh 1 1 b e t ak en at a time co nveni e n t to and approved
by the de p artme nt he ad .
Annual Leave Pay
The rate of a n nual leave pay shal l b e the emp l oy ees regular s traight time
hour ly r ate of p a y fo r the emp l oy ees r eg ular job an d charge d on a working hour
basis , excluding h oliday s a nd r e g u lar days off . An nual leave shall be allowed
only to the to t al ho urly a mo u t accumulated at the b egi n nin g o f the leave, as
ve rified by the dep a r tmen t h ead. Employe es may receive the i r annual l eave pay
no earlier than thre (3) days p r i or to th e sta rt of t heir annua l leave , provided
the employee mak es a writt n request t o their supe rvi so r fi fteen (15) calendar
d a ys prior to t he start o f th ir a nnual leave.
If a fte r t h e employee h a s beg W1 their ann ual l eave and t he City re<tuires
th e e mp loyee to work du r ing t e s ch eduled a n nual leave perio d. The employee
shal l not be char ged wi t h vacation time for the n umber of hours worked .
How Cha r ged
Annual l eave f or e mp loyee s shal l be c har ged on a work-day b a s is e xclud i ng
regular days o ff . -
Annual Leave Pay Upon Scpara ion
Any employee who is separat ed f rom the servi c e of th City, i.e. retirement,
termination or layo f f , shall c ompe nsa t ed for the un used an nual leave time
accumulated at the time of sep arati o n .
ART ICLE XIV. PERS O AL LEA
Begir:a1'n g J anuary 1, l 80 , a ll e mployees c ov e red by this Agreement shall be
granted 48 hours p erson al leave t ime with pay which a n emp l oyee i s entitled to
use for t he followi n p urpos es :
1. Time lost s a r esu lt of i llness/injury to the ~mpl oyee o r the employees
immediate family •
2 . Attend persona l b usines s .
3 . Leisure t i m
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For any emp loyee who has no t us ed the 48 hours of personal leave time ending
December 31, of each year o r any por t i on thereof, the City will compensate said
employee for the unused time at the emp loyees regular wage rate to be paid the
last pay period in Decembe r o f each year. Personal leave time shall not exceed
48 hours nor shall it be a ccumula ted or carried over from one year to the next.
Personal leave shall be scheduled a nd a dministered under the direction of the
Department Head . In the event of illness/injury in which personal leav.1 is
requested, shift work eq>loyees shall notify th e ir supervisor at least one (1)
hour prior to their scheduled reporting time , all other em p l oyees shall report
at th beginning of ti el r s ch duled r porting t i me .
ARTICLE XV. DISABIL TY -T • ORARY (NON JOB RE LAT ED)
Definition
Temporary di ab 'l 't y is ve granted for no n-se rvi ce connected injury or
illness of an employe e wlich disability prevents t h e e mp loye e from performing
his/her duties as a City emplo y ee.
Provision
Effective Janua ry 1, 19 80, the City agrees t o provide temporary disability
leave with pay for employees absent as a result of i llnes s/injury at the rate
of 100% of the employees regular wage up t o 120 c alendar days o f disabilLty.
Teq:iorary disabili ty l eav~ s all not be accumu l a tive e xce p t t h at on January 1
of each year the City s hall r es tore 100% of t h e numb e r o f days used by ·an employee
during the preceeding y~ r up to a maximum of 60 d ays .
Utilization
A. Authorization for temporary disabili ty leave with p ay shal l only be
granted after the first day of disability
B. Authorization for temporary di sability shall o nly b e granted for the
following reasons:
l. Person 1 illness or injury not service coIUlec t e d, i ncluding maternity.
Sick
All s i ck leave accru d by permanent employees p r i or to J anuary 1, 1980
shall vest with the employee, and may be used in the f o llow i n g manner:
1. After th 120 days a described above, h a v e been used, unless the
employee i s eligibl f or r e ti reme n t as a result of dis ability.
2. By cashing in 11 accrued sick leave accwnu lated und er t he previous
plan upon norma l r tir nt from the City at the r a te o f one day's pay
for each two d a s of acc rue sick leav e o r on e days pay for each four
days upon s par ·o n f o the City.
~ Reporting of Te mpora ry Dis ab ili ty
The e mploy e o r a m mb r o the emp l oyees househ ol d sh a l l notify the
employees supervisor p r i or to h e employees scheduled rep or ting time. No
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teq>orary disability leave will be granted to an employee who fails to notify
their supervisor prior o the beginning of the emplo y ees work schedule •
Verification of Disability
It shall be t he responsibility of the department head to determine the
validity of eligibility of ~he sick leave. Hi s signature on the leave request
form noting sick leave entitlement shall indi cate such determination.
Abuse of Teinpor ry Disability
Abuse of temporary disability occurs when an employee misrepresent$ the
actual reason for requesting temporary disability or when an employee u>es
temporary disability eave for unauthorized purposes . An employee who makes
a false claim for tcmpor ry d i ability leav shall be subject to disciplinary
action or dismissal.
ARTICLE XVI. ON-THE-OB INJU Y -DISABILITY
A. For any on-the-job i j ury which causes any employee to be absent
from work as a resul t of such injury, the City shall pay to such employee his
full wages from the fi r st day of his absence from work up to and including
the 90th calendar day of such absence, less whatever sum s received by the
employee as disability benefits under workmen's compensation . The City
reserves the righ t t o require ny employee on inj ury or disability leave to
submit to an examina t 'o n (s ) by City-appointed physician(s) at the City's
expense or under th e rovisio n o f workmen's compensation. 'Ille employee
will not be charged s ·ck l e ave (or disability under this Article.
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 o emp l oyment.
ARTICLE XVII. MILITARY LF.AVE
A. Any permanen o r probationary employee who enlists or is inducted into
the military, naval, air or other armed services 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, whi chever occurs first, and for one
(1) year thereafter.
B. Any employ e who shall be a member of t he National Guard of any other
component of the military forces of the stat e , nO'J or hereafter organized or
constituted under state or f dc ral law, or who s h a ll be a member of the
reserve forces of the United States, now or hereafter organized or constituted
under federal law, s hall be entitled to leave of absence from his employment
without loss of pay , seniority, status, efficiency rating, vacation, sick leave
or other benefits for all the time when he is engaged with such organization or
component in training or act ve service ordered or authorized by proper authority
pursuant to law, whether for state or fe deral purposes, but not exceeding fifteen
(15) days in any calendar year. Such leave shall be all0wed in case the required
military rv ·c · i ·a ·sfa c t rlly p rform d, which shall be presumed unless the
contrary is s t b lished.
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c. Such leave shall not be allowed unless the employee returns to his
public position im:nediately upon being relieved from such military service and
not later than the expiration of the time herein limited for such leave, unless
he is prevented from so returning by physical or mental disability 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.
ARTICLE XVIII. FUN ERAL LEAVE
The appointing authority may grant leave with pay to an employee to attend
the funeral of a m mber of th employee's family. lbe number of days granted
shall be governed by the cir u tances of the case, but in no event shaJ 1 they
exceed fiv (5) calendar days. For the purposes of this section, "emplc.yee'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 XIX. JURY DUTY AND WITNES S SERVICE
Leave may be granted to an employee for serving on jury duty or a :; a witness
in his official capacity in obedience to a subpoena or direction by legal
authority. He shall be entitled to the difference between his regular
coq>ensation and the fees rec8 ived for jury duty or as a witness. When he is
subpoenaed as a witness in private litigation to testify, not in his official
capacity but as an individual, the time absent by reasons thereof shall be
taken as annual leave or leave without pay.
• ARTICLE XX. HOLIDAY
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A. The following days shall b e considered official holidays by the City:
1. w Year's Day: January 1
2. Washing ton's Birthday: the third Monday in February
3. Memorial Day: the last Monday in May
4. Independence Day: July 4
5. Labor Day: the first Monday in September
6. Veteran 's Day: November 11
7. Thanksgiving Day: the fourth Thursday in November
8. Fourth Friday of November following Thanksgiving Day
9. Chri ~tmas Eve: D cem ber 24
10. Christmas Day: December 25
11. w Year 's Eve : December 31
B. Any employee covered by this Agreement who does not perform duty scheduled
on the working days immediately prior to and following a holiday shall not receive
pay for "the holiday un less otherw ise authorized by the department head.
C. Eligible employees shall recei ve one day's pay or equivalent time off
at the discretion of the dep artment head for each of the holidays which they
perform no work . Employees required to work on an official city holiday shall
receive one and one-half (l ~ times the employee's regu1ar rate of pay for all
hours actually worked in addi tio n to the employee's ·regular pay for the holiday
or equivalent time off for the number of hours actually worked at the discretion
of the department head.
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D. When any of the foregoing holidays fall on a Sunday, the following !t>nday
shall be observed as the legal holiday. When any of the foregoing holidays
fall on a Saturday, each eq>loyee shall be entitled to a day off for such holiday,
which day off shall be scheduled as the City Manager determines, but no
specific day shall be observed as a holiday for purpose of closing City offices
and functions.
ARTICLE XXI. UNIFORM CLEANING ALLOWANCE
If an employee is required to wear a uniform, the employee shall wear the
uniform only as authorized by the department work rules. All employees shall
maintain a presentable app arance while on duty. .Tile employee is responsible
for any damage to the un iform by negligence or deliberate act. lbe City will
pay total cost of norma l un form cleaning.
ARTICLE XXII . TUIT ON REFUND
Th tuition refund pro gr m will be continued by the City based upon the
funding formula of $10 per person per number of employees covered by this
Agreement.
ARTICLE XXIII. LIFE I SURANCE
Term Lif Insurance wil be provided by the City for employees co·.rered by
this Agreement of $20 ,000 o ach employee . A conversion privilege upon
retirement of 50% coverage payable by the employee will be made available
by the City for said retired mployee.
ARTICLE XXIV. DENTAL INSURANCE
Based upon the 1979 d ntal insurance premium rates, the City shall provide
coverage for the City Dental Insurance Plan of 100% for single and dependent
policyholders. Employees sh 11 assume any premium rate increase during the
life of this Agreement in exc ss of $30 per month. (For description of the
coverage, see the City Dental Insurance P lan .)
ARTICLE XXV. HF.Al.TH INSURANCE -EMPLOYEES/RETIREES
A. City funding o f the coverage fo r the City Health Insurance Plan will
be 100% for single and depende nt coverage. Employees shall assume any premium
rate increase during the life of this Agreement in excess of $120 per m::>nth.
(For description of the coverage provided, see the City Health Insurance Plan.)
B. Health insurance coverage for current retirees only, will be provided
by the City on a non-participating basis. The coverage will coordinate with
Medicaid and Medicare wherever applicable. Future retirees will be guaranteed
conversion privileges to the Health Insurance Plan available through the City.
The City will pay 50% of the cost of coverage of the conversion plan up to a
maximum of $50 per month •
ARTICLE XX.VI. RETIREMENT BENEFIT S
The retirement benefits for employees covered by this Agreement are set
forth in Title V, Chapter 9, Retirement,. of the Englewood Municipal Code. The
following change hall be m de January l , 1980.
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A. For prior service: • 75% of the meui>ers final average monthly C•>mpen-
sation. multiplied by the number of years of credited prior service •
B. For current service: 1. 5% of final average monthly compensation,
multiplied times the number of years of credited current service.
ARTICLE XXVII. LAYOFF
Whenever there is lack of work. lack of funds. or other legitimate reasons
requiring reductions in the number of employe es, the appointing authority shall
designate the department and posi tions in which the layoff is to be made. Upon
such determination, the required number of employees in the affected department
and position shall be placed on a re-employment list or transferred by the appointing
authority, each in order of his relative length and quality of service as shown
by the personnel records.
ARTICLE XXVIII. LEAVES OF ABSENCE (WITIIOUT PAY)
Eligibility
Permanent e~loyees may be granted a leave of absence without pay for
reasons of education which is allied to the duties of the City, settlement of
an estate, child care, s e rious illness of a member of the employees family,
but shall not be used for h p urpose of obtaining employment elsewhere.
Leave without pay shall not xceed six (6) months of any year but may be
extended upon request for an additional six months. The total leave time
shall not exceed one year. Upon return from approved leave, the employee
will. be restored to their former pos i tion if available or to a position
comparable for which the employee is qualified. During periods of unpaid
leave, employees shall not continue to accrue service credit or be eligible
for any city benefits.
Application for Le av ~
A request for a leave of absence without pay shall be submitted in writing
by the employee to the employees department head. nte request shall indicnte the
reason the leave of absence is being requested and the approximate length of leave
time reques te·d.
Consideration of Leave Request
nte department head shall grant or deny leave requests, taking into consideration
the departments work force, work load and the employees request.
Failure to Return
If an employee fails to return by the date of leave expiration, the employee
shall be considered to have voluntarily resigned from the service of the City.
ARTICLE XXIX. GRIEVANCE PROCEDURE
A grievance is d efined as a claim or dispute by an employee or the Association
covered by the terms of this Agreement concerning the interpretation or application
of this Agreement . 'nle Association and the employee shall be required to
follgw the procedure as set out below. The purpose of the grievance procedure
is to provide a just and equitable method for the resolution of grievance without
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d i scr imina tion, coerc ion , r est raint and reprisal against any employee who may
submi t or b e involved in a grievance. Employees may be represented by parties
of t heir choice at any s tage of the grievance procedure •
A. "G r ievance" mean s a complaint by an employee conceming the interpreta-
tion or appli cation of the provisions of the Memorandum of Understanding or of
rules and regu lat i ons cove r i ng personnel practice or working conditions, which
complaint has not been resolved satisfactorily in an informal manner between
the employee a nd his imme diate s upervisor.
B. "Work Day " means calendar days exclusive of Saturdays, Sundays and legal
holidays.
C. "Association Griev ance " s hall be only one affecting significantly large
numbers of employee s in t he unit.
Step 1.
If the emp loyee is unable to se t t le the grievance or dispute orally and in-
formally through his /her i mme diate supervisor within five work days of the date
of the occurrence of the gri eva nce, or the employees knowledge of it, the employee
may within the s uc ceedi ng fi ve (5 ) work days file a written grievance with his/her
supervisor. The supervisor shall a t tempt to adjust the matter and shall respond
in writing to the employ within five (5) work day~.
Step 2 .
If the answe r is no t satisfactory, the matter shall be presented in writing
by the employee to the de par t men t h ead within five (5) ·work days after the
supervisor's res ponse i s due. The department head shall respond in writing
to the employee within five (5) work days.
Step 3.
If the grievance still r mai ns unadjusted, it shall be .presented b~ the
employee to the Ci ty Ma n ager in .writing within five (5) work days after the
response of the depa rtment hea d i s du e . The City Manager or his/her de&ignated
representative shall r espond i n wr i ting within ten (10) work days.
Step 4.
If the grievan ce is still un se ttl ed, the employee within ten (10) work
day after the reply of the Ci t y Ma nager or his/her designated representative
is due, may by written n o tice r e ques t the matter be heard by the Career Service
Board. The career Se r vice Board s hall be requested to issue a decision within
thirty (30) days af t e r conclus i on of t e stimony and argument. Each party shall
be responsible fo r compensation t o its own representatives and witnesses.
Failure by an employee t o c omply with any time limitation shall constitute a
settlement of the g r ievance un less circumstances beyond the control of the
employee would n ot p e rmit compliance . Should the employer not respond within
the pr escribed time, the gr ievan ce will automatically proceed to the next step.
Authority of Career Se r vice Board
The Career Service Board s hal l
change the terms of this Agreeme n t .
final and binding upon the pa rties.
to the grievance submi tted wh ich has
procedure outlined.
have no power to add to or subtract from or
The written decision of the Board shall be
The Board shall limit its decision strictly
be en prope rly processed .through the grievance
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Grievance Option
It is agreed that should the appeal procedure as provided under 5-3-13
of the Municipal Code be utilized, recourse to the grievance procedure included
in this Article shall be waived.
Processing Grievance During Working Hours
Grievances may be investigated and processed by the employee during working
hours within reasonable time limits without loss of pay provided notice is
given and the work load permits .
ARTICLE XXX. DUES DEDUCTION
A. The City agrees to deduct the Association 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. The amounts
to be deducted shall be certified to the City Finance Director 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
revokable during the term of the Agreement, upon a thirty-day written notice
by the eq>loyee to the City Finance Director.
B. Deduction shall be.made f rom only one payment of wages each month,
except that if no wages are paid an authorizing 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 payme nt 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 make adjustments, until notified by the Treasurer
of the Association .
C. Th Association shall indemnify and hold the City hannlcss agai ·ls t any
and all claims, suits , orders, or judgments brought or issued against th ·~ City
as a result of any action taken or not taken by the City under the provisions
of this Article.
D. Changes in the dues amowit to be deducted shall be limited to two (2)
changes each year, and provided a thirty (JO) day written notice is provided the
City Finance Director.
E. Should the change in the deduction amount or method require a ·!Omputer
programming change, the Association shall be responsible for the cost oI such
change or ch g s, at $25 per hour with a four (4) hour maximum. Payment from
the Association shall be made to the City Finance Director within ten (10) days
of receipt of billing.
ARTICLE XXXI. MAINTENANCE OF BENEFITS
All wage , hours and other terms and conditions of employment granted to
the employee covered by this Agreement in the Englewood Charter. Municipal Code.
this Memorandum of Unders tanding, and prior Me11K>randa of Understanding, with
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supe r seding Me mo r andum of Understanding provisions prevailing, shall continue
in full fo r ce and effect at the highest level of benefits existing immediately
prior to this Memorandum of Understanding. It is expressly agreed that any
change in benefi ts must be negotiated and agreed to by both parties.
In Witness Where of, the parties have caused this Agreement to be signed by
their c;sJ>active r~re~entatives, and their signatures place thereon, on
this r taay of ..J t<fi . 1979 at Englewood, Colorado.
CI'IY OF ENGLEWOOD
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This Agreement entered into by the authorized City representatives
and the Eng lewood Employees Association shall be a mutual request of
the above named parties that the City Council modify the current wage
provisions as contained in the 1978 Memorandum of Understanding, to
reflect that effective July 1, 1979, that each employee covered by the
terms of the 1978 H~morandum of Understanding receive a 4% wage in-
crease on his/her annua l salary •
The parties respectfully request this modification and by their
respective representatives have placed their signatures thereon, on
this 6th day of July, 1979, at Englewood, Colorado.
CITY OF ENGLEWOOD