HomeMy WebLinkAbout1979 Ordinance No. 035•
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ORDINANCE NO. 35
SERIES OF 1979
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY
COUNCILMAN SMITH
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE
BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31,
1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE
COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF
UNDE RSTANDING.
WHEREAS, a Tentative Agreement dated July 2, 1979 by and
between the City of Englewood and the Englewood Police Benefit
Association has been executed by representatives of each of the
said parties; and
WHEREAS, on July 2, 1979, said Tentative Agreement was duly
ratified by a majority of the members of the Englewood Police
Benefit Association; and
WHEREAS, the representatives of the City and of the Englewood
Police Benefit Association have further agreed to submit a mutual
request to the City Council to modify the current wage provisions
and College Incentive provision as contained in the 1976 Memorandum
of Understanding; and
WHEREAS, Section 5-10-lO(c), as amended, requires that the
Tentative Agreement be approved by Ordinance duly passed by City
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD:
Section 1. That the Tentative Agreement dated July 2, 1979 by
and between the City of Englewood, Colorado, and Englewood Police
Benefit Association, effective January 1, 1980 through December 31,
1981, a copy of which is attached hereto and made a part hereof,
be and the same is hereby· approved.
Section 2. That the mutual request of the representatives of the
office of the City Manager and representatives of Englewood Police
Benefit Association to Modify the current wage provisions and the
"College Incentive Plan" contained in the 1976 Memorandum of
Understanding whereby, effective July 1, 1979, each of the employees
covered by the terms of the Memorandum of Understanding of 1976
shall receive a 3% wage increase of said employee's annual salary;
that in addition, the "College Incentive Plan" as contained in
said Memorandum, shall terminate and be of no further force or
effect on and after July 1, 1979, be and the same are hereby
approved.
Section 3. That the Mayor of the City of Englewood is hereby
authorized a nd directed to execute the Collective Bargaining
Ag r eement between the City of Englewood and Englewood Police
Benefit Assoc iation dated July 2, 1979, together with the wage
modification and related modifications bearing on the "College
Incentive P rogram" contained in the Memorandum of Understanding
of 1976, and t he Dire ctor of Finance, ex officio City Clerk-
Treasurer, shall attest the same.
Introduced, r e ad i n full and passed on first reading on
the 16th day o f J uly, 1 979.
Published as a Bi ll for an Ordinance on the 18th day of
July, 1979.
Read by t i t l e and passed on final reading on the 6th day
of August, 19 79.
Published by title as Ordinance No. 35
on the 8th day of Au g ust, 1979.
Attest:
foregoing
passed on
Series of
, Series of 1979,
Mayor
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CONTRACT
BETWEEN THE
Cin OF ENGLDJOOD
AND lllE
ENGLEJJOOD POLICE BENEFIT ASSOCIATION
'nlis Contract entered into by the City of Enalewood, Colorado and the
F.nglewood Police Benefit Association has aa i ta purpoae the promotion of
harmonious relations between the City of Engl•ood and its employees; a fair
and peaceful procedure for the resolution of differences; the establishment
of rates of pay and hours of work; and other conditions of employment.
Except where limited by express provisiona elsewhere in this Contract
nothing in this Contract shall be construed to reatrict, limit or impair the
rights, powers and authority of the City aa granted to it under the laws of
the State of Colorado and the City's Charter and Municipal Code.
ARTICLE I. DURATION OF CONTRACT
A. This Contract shall take effect on January l, 1980 and shall continue
in force to and including December 31, 1981.
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 secti~ of this Contract should be held invalid by
operation of law or the District Court, or if compliance with or enforcem~ut
of any article or section should be reatrained by such District Court, the
remainder of this Contract shall not be affected thereby and this Contract shall
remain in full force and effect, and the partiea shall promptly aeet and confer
for the purose of attempting to arrive at a aatually satisfactory replacement
for such article or section.
D. 'lbe parties agree and understand that provisions relating to employees
covered by this Contract shall in no way diaplaca or modify present or future
statutory or case law of the State of Colorado.
E. The parties acknowledge that durina neaotiationa which resulted in this
Contract, each had the unlimited right· and opportunity to make demands a~d
proposals with rupect to any aubject or Mtter appropriate for maet and confer
discussions and that the understanclings and qre-nta arrived at by the parties
after this exerciae of that right and opportunity are aet forth in this Contract.
All benefits agreed to in previous Mamoranduu of Understanding and not addressed
in this Contract will.continue.
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ARTICLE II. RECOGNITION
The City recognizes the Engla1ood Police Benefit Association as the employee
organization certified by the Career Service Board of the City of Englewood as
the exclusive representative for the Police employeea within the following
bargaining unit: ·
Included: All full-time, permanent, cluaified Police employees of the
City Police Department including Police Officer, Seraeant, Lieutenant,
and Captain. Police Officer 4th Clas• will be included for salary
negotiations only.
Excluded: The ·Police Chief, all part-time, temporary, aeaaonal, and
contractural employees, students and all employee• hired through the
use of federal, state or other outside funding aourcea for special
projects or programs, and all othera who •Y be determined by the Career
Service Board prior to or during the life of thia Contract.
ARTICLE III. NONDISCRIMINATION
A. The City will not interfere with or diacrillinate in reapect to any term
or condition of e111ployment against any employee covered by thia Contract because
of membership in, or legitimate activity as provided in thia Contract on behalf
of the members of thia bargaining unit, nor will the City encourage membership
in another Association.
B. The Association recognizes its r•ponaibility u the exclusive bargaining
agent and agree& to represent all employeu in the baraaining unit without
• discrimination, interference, reatraint and coercion.
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ARnCLE IV. EMPLOYEE RIGHTS
A. Employees of the City shall have the ri&ht to form, join and participate
in the activities of eq>loyee organization11 of their own choosing for the purpose
of representation on all matters of employee relation11.
B. Employees of the City also shall have the right to refuse to join or
participate in any activities of employee organization11 and shall have the
right to represent themselves individually in their employment relations with
the City.
c. No employee shall be interfered with, intimi.dated, restrained, or
coerced because of the exercise of these ri&hta.
ARTICLE V. HOURS OF WORK
The Police Department shall obaerve office and working hours necessary for
the efficient tranaaction of its reapective aervica. Such has been determined
for emergency employees as follows:
All eq>loyees covered by this Agreement •hall be acheduled at least an
average of forty (40) hours · work per week in aeven (7) day cycles. 'lbe
work week ahall consist of five (5) ei&ht (8) hour ahifta, or other work
schedul• u dott!rmined by the department head with •proval of the City
Manager. Lunch and other break• will be acheduled at the discretion of
the Police Chief during the work schedule.
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ARTICLE VI. LAYOFF
Whenever there is lack of work, lack of funds, or other legitimate reasons
requiring reductions in the number of employeea, the appointing authority shall
designate the poeitions in which the layoff is to be made. Upon such determi-
nation, the required number of employees in the affected position shall be
placed on a layoff list or transferred by the appointing authority, each in order
of his relative length of service as shm.m by the personnel records. Any employee
in a higher classification if laid off may transfer to his previous lower classi-
ficai ton and any layoff resulting from such transfer shall be in accordance
with seniority.
Employees on layoff shall be recalled in the order of seniority provided that
those recalled have the dem0nstrated ability and same qualifications to perform
the available work as determined by the City. 'lbe layoff list shall terminate
after one (1) year. · ·
ARTICLE VII. OVERTIME WORK
A. For all employees covered by this Agreement and except as otherwise
provided, duties performed over and .above the assigned work schedule shall be
considered overtime. Overtime shall not be computed no·r compensation pay
allotted on previously accrued overtime. ·
B. As determined by the appointing authority, all personnel, othe1· than
those so determined to be exempt from overtime, shall be compensated fo;· over-
time work at the rate of one and one-half (lls) times the normal pay rate. . .
c. 'nle City retains the right to assign overtime work to any employee
qualified to perform the work. Overtime work will be offered on a volWltary
basis first. If the required number of employeea necessary to perform the
overtime work can not be foWld, employees shall be assigned and obligated to
work such overtime.
ARTICLE VIII. COMPENSATION
Employees of the Police Department and covered by this Agreement shall
receive an eight percent (8%) wage increase on the baae wage rate effective
January 1. 1980. On January 1, 1981 all membera covered by this Agreement
shall receive an eight percent (8%) wage increaae on the base wage. The new
salary schedule will be as follows:
Police Officer 4
Polive Officer 3
Police Officer 2
Police Officer 1
Sergeant
Lieutenant
Captain . ,
Base -
1/1/80
8% -
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1/1/81
.§!.
1282
1410
1551
1706
2047
2252
2477
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ARTICLE IX. LONGEVITY COMPENSATION
In addition to an employeea monthly •alary, the employee shall be eligible
for longevity compensation based · upon the nWllber of years of continuous service
with the City and shall be derived from the following schedule.
Years of
Service Amount of Compensation
0-4 None
5-9 $12 per month for $144 per year, except for those employees who have
not completed 6 full years of continuous service on December 1 of any year,
which employees shall receive an amount equal to $12 for each full ioonth
of completed continuous service after completion of 5 years of continuous
service up to December 1.
10-14 $24 per month for $288 per year, except for those employees who have
not completed 11 full years of continuous service on December 1 of any
year, which employees shall receive $144 plus an amount equal to $12 for
each full month of completed continuous service after completion of 10
years of continuous service up to December 1.
15-19 $36 per month for $432 per year, exce'pt for those employees who have
20 or
not completed 16 full years of continuous service on December 1 of any year
which employee shall receive $288 plus an amount equal to $12 for Each full
month of completed continuous service after completion of 15 years of
service up to December 1.
more $48 p'er month for $576 per year, except for those employees who have
not completed 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 servicG up to December 1.
ARTICLE X. PROBATIONARY EMPLOYEES
The probationary period for all newly appointed Police employees shall not
be less than twelve (12) months from the date of hire. After completion of
t h e probationary period, the employee shall be eligible for permanent status.
ARTICLE XI. PROMOTIONS
A. A promoted employee covered by this Agreement shall service a twelve
(12) month probationary period in a new p'oaition. After completion of six
(6) months in the new position, the Olief at his discretion may recommend
permanent status to the appointing authority. Should the appointing authority
approve permanent status for the employee at the expiration of the probationary
period, the employee shall be considered to have pe~anent status.
B. Any permanent employee covered by this Agreement upon being promoted
to a new poaition 'in the Career Service System shall have probationary status
as set out above in any position to which he was promoted, but sh4ll retain
permanent •tatua in his previoua classification and may voluntarily transfer
back to the previou poai ti on at my tim, or be re tumed to that position
by the appointing authority during the probationary period.
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ARTICLE XII" ANNUAL LEAVE
A. Employees covered by this Agreement shall accumulate annual leave
monthly at the rate of 10 hours per month of active service. Annual leave
shall not be granted to any employee until after completion of twelve (12)
months consecutive service with the City unless otherwise authorized by the
Chief. In order to qualify for annual leave credit .during the month, the
employee must have worked for at least one-half (Js) of the working days of
that month excluding authorized paid ieave. For those employees having less
than ten (10) years continuous service, the maximum accumulation of annual
leave shall be thirty (30) days.
B. After ten (10) years of continuous service with the City, employees
shall accumulate annual leave at the rate of twelve ·(l2) hours of annual
leave per month of active aervice. In order to qualify for annual leave
credit during the month, the eq>loyee must have worked for at least one-half
(Ji) of the working days of that month excluding author'ized paid leave. The
maximum accua:ulaticn shall be forty (40) days. · ·
c. Annual leave shall neither be authorized nor computed for any purpose
after the maximum accumulation has been reached. The schedule for use e;f annual
leave shall be determined by the needs of the department. Annual leave shall
be taken at a time convenient to and approved by the Police Chief. Eq>loyees
shall not lose acc\allated annual leave after the maximum has been reached if
the employee has requested use of annual leave prior to maximum accumulation,
and has been denied use of annual leave.
• Annual Leave Pay
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The rate of annual leave pay shall be the eq>loyees regular straight time
hourly rate of pay for the employees regular job and charged on a working hour
basis, excluding regular days off. Annual leave shall be allowed only to the
total hourly amount accumulated at the beginning 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 supervisor fifteen (15) calendar
days prior to the start of their annual· leave.
Work During Annual Leave
If after the eq>loyee has begun their annual leave and the City requires
the employee to work during the scheduled annual leave period, the employee
shall be compensated as follows:
A. The employee shall be paid for all hours worked at the employee's
regular wage rate.
B. The employee shall not be charged with vacation time for the number
of hours wor ed.
Minimum Usage
There shall be a one-week minimum on use of annual leave time, wiless
otherwise authorized ·by the Police Chief.
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Annual Leave Pay Upon Separation
Any employee who is separated from the service of the City, i.e. retirement,
termination or layoff, shall be compensated for the unused annual leave time
accumulated at the time of separation. In the cue of voluntary separation,
the employee shall be required to give two (2) weeks notice to the City.
How Olarged
Annual leave for employees shall be charged on a work-day basis excluding
regular days off.
ARTICLE XIII. PERSONAL LEAVE
Beginning January 1, 1980, all employees covered by this Agreement shall be
granted five (5) personal leave days with pay which an eq>loyee is entitled to
use for the followi ng purposes:
1. Time lost as a result of illneas/injury to the employee or the employees
immediate family.
2. Attend personal business.
3. Leisure time.
For any eq>loyee who has not used the five (5) personal leave days ending
December 31, of each year or any portion thereof, the City will compensate said
employee for the unuaed time at the employ... regular wage rate to be paid the
l.ast pay period in December of each year. Peraonal leave tim shall not exceed
five (5) days nor shall it be accumulated or carried over from one year to the
next. Personal leave ahall be acheduled and adminiatered under the direction of
the Police Chief for peraonal buaine•• and laiaure ti•. In the event of
illness/injury in which peraonal leave i• requeated, the employee shall notify
their supervisor at least one (1) hour prior to their scheduled reporting time.
ARTICLE XIV. DISABIUTY -TDCPORARY (NON-JOB RELATED)
Definition
Temporary diaability 1• i .. ve granted for non-service connected injury or
illness of an employee which disability prevents the employee from performing
his/her duties as a City employee.
Provision
Effective January 1, 1980, the City agrees to provide temporary disability ·
leave with pay for employeu absent u a ruult of illnesa/inj ury at the rate
of 100% of th• employeu regular wage up to 120 calendar days of disability.
Temporary diaability leave ahall not be acc\llUlative except that on January l
of each year the City shall res tore 100% of the number of days used by an
employee during the preceeding year up to a •axj-... of 60 daya.
Utilization
A. Authori zation for temporary diaability leave with pay shall only be
granted after the lat day of · diaability.
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B. Authorization for temporary disability shall only be granted for the
following reason:
1. Personal illness or· injury not service connected, including maternity.
Sick Leave Option
All sick leave accrued by permanent employ•• prior to January 1, 1980
shall vest with the employee, and may be uaed in the following manner:
1. After the one hundred twenty (120) days as described above have been
used unless the employee is eligible for retirement as a result of
disability.
2. By cashing in all accrued sick leave accumulated under the previous
plan upon normal or disability retirement from· the City at the rate of one
day's pay for each two days of accrued · sick leave or one day's pay for each
four day~s separation from the City.
Reporting of Teg>orary Disability
The employee ·or a member· of the employees household shall notify the employees
supervisor at least 30 minutes prior to the . employees 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 employees work schedule unless
circumstances beyond the control of the eq>loyee would not permit.
• Verification of Disability
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An atten~ing physician's statement will not be necessary until after three
(3) days of disability, except when required by the Clief of Police.
Abuse of Temporaey Disabilitx
Abuse of temporary disability occurs when an employee misrepresents the
actual reason for requesting teaa.porary disability or when an employee uses
temporary disability leave for unauthorized purposes. An employee who makes
a false claim for temporary disability leave shall be subject to disciplinary
action or dismissal.
ARTICLE XV. ON 'DlE JOB INJURY -DISABILI'lY
A. For any on the job injury which causes any employee to be absent
from work as a result of such injury, the City ahall 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 auma received by the employee
as disability benefits under workmen's coq>enaation. The City reserves the
right to require any employee on injury or diaability leave to submit to an
exaaination(a) by City-appointed physician(&) at the City's . expense of under
the. proviaion of workmen's coq>ensation.
B. All injuries that occur during working hours shall be reported to the
employee' a supervisor within 24 hours of the injury or before the employee ·
leaves their department of employment unless circWDStancea beyond the control
of the employee would not permit.
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ARTICLE XVI. LIFE INSURANCE
• Tera life inaurace will be provided by the City for employees covered by
this Agreemnt 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 XVII. DENTAL INSURANCE
Based upon the 1979 dental insurance premium rates, the City shall provide
coverage for the City Dental Insurance Plan of 100% for single and dependent
policyholders. Employees shall assume any premiua rate increase during the
life .of this Agreement in excess of $30 per month. (For description of the
coverage, see the City Dental Insurance Pl..,n.)
ARTICLE XVIII. HEALTH INSURANCE -EMPLOYEE/RETIREFS
A. City f\.Ulding of the coverage for the City Beal~h Insurance Plan will
be 100% for single and dependent coverage. Employeea shall assume any premium
rate increase during the life of this Agreement in eacess of $120 per month.
(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. 'lbe coveraae will coordinate with
Medicaid and Hedi care wherever applicable. Future retirees will be guaranteed
conversion privileges to the Health Insurance Plan available through the City.
'lbe City will pay 50% of the cost of coverage of the conversion plan up to a
maximma of $50 per month.
ARTICLE XIX. MILITARY LEAVE
A. Any permanent or 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 durat.ion of
such war or until honorably discharged, whichever occurs first, and for one (1)
year thereafter. ·
B. ADy employee who shall be a member of the National Guard or any other
component of the military forces of the state, now or hereafter organi4'-ed or
constituted under state or federal law, or who shall be a member of th•l reserve
forces of the United States, now or hereafter organized or constituted under
federal law, ahall be entitled to leave of absence from his employment without
loss of pay, seniority, statue, efficiency rating, vacat·ion, sick leave or other
benefits for all the time when he is engaged with such organization or component
in training or active seivice 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 re turns to his
public position imaediately upon being relieved from auCh mllitary service and
not later than the elq>iration of the tim 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 ot continue in
such mill tary service beyond the time herein lim:ted for ·such leave.
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AR ICLE XX. FUNERAL LF.AVE
The appointing authority shall grant leave with pay to an employee to attend
the funeral of a member of the employee's family. The number of days granted
will be governed by the circumstances of the caae, but in no event shall they
exceed seven (7) calendar days. For the purpose of this section, "employee'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 XXI. JURY DUTY
Leave may be granted to an employee for serving on jury duty. He shall be
entitled to the difference between his regular compensation and the fees received
for jury duty.
ARTICLE XXII. HOLIDAYS
Empl.pyees covered by this _Agreement shall be scheduled for eighty-eight
(88) hours off with pay at the discretion of the Police Clief or his designee.
Scheduling will be dependent on manpower needs and the Olief with the approval
of the City Manager may pay the employee in lieu of any time off.
ARTICLE XXIII. UNIFORM CLEANING ALLOWANCE
The City shall furnish, or bear the coat of uniforms, including leather
gear, insignias, shoes and clothing, required whil• on duty, and shall pay all
costs of maintenance, repair and cleaning thereo.f. All employees assigned to
the non-uniform division for a period of thirty (30) days or more and not
required to be in uniform during work, shall receive a monthly clothing
allowance of $30. The employee shall be responsible for all lost or stolen
items identified above or damage to same as a result of negligence or deliberate
act.
ARTICLE XXIV. LF.AVE OF ABSENCE (WITHOUT PAY)
('!his Article shall replace Section 5-3-12 of the Englewood Mwlicipal Code.)
Eligibility
Employees covered by this Aareement may be aranted a leave of absence with-
out pay for reasons of education which i• allied to the duties of the 1;1 ty,
settlement of an estate, child care, serioua illneas of a member of the employees
family, but shall not be used for the purpo.e of obtaining employment elsewhere.
Leave without pay •hall not exceed six (6) 111>ntba of any year but may be extended
upon request for an additional six month•. The total leave time shall not exceed
one (1) year. Upon return from approved leaw, the employee will be restored to
their former poei tion if available or to a poaition comparable for which the
employee is qualified. During periods of unpaid leave,· employees sh~.l not
continue to accrue service credit or be eli&ible for any City benefit~ •
A.pelication for Leave
A request for a leave of absence without pay shall be submitted in writing
by the employee to the Police Olief. The request shall indicate the reason the
leave of absence is being requested and the approximate length of leave time
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Consideration of Leave Request
The Police Qiief may grant or deny leave requests, taking into consideration
the department's 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 volwitarily resigned from the service of the City.
ARTICLE XXV. GRIEVANCE PROCEDURE
A grievance is defined as a claim or dispute by an employee or employees
covered by the terms of this Agreement concerning the interpretation or
application of this Agreement. The Aaaociation and the employee shall be
required to follow the procedure as set out below.
Step 1.
If the eq>loyee/Association is unable to. settle the grievance or dispute
orally and informally through his/her immediate •upervisor within five (5)
work days of the date of the occurrence of the arievance or the employee's
knowledge of it, the employee may within the succeeding five (5) work days
file a written grievance with his/her supervisor. 'l'he supervisor shall attempt
to adjust the matter and shall respond in writing to the employee within five
(5) work days.
Step 2.
If the answer is not satisfactory, the matter shall be present in writing
by the employee to the Police Chief within five (5) work days after the
supervisor's response is due. The Police Chief will respond in writing to the
employee within five (5) work days.
Step 3.
If the grievance still remains unadjusted, ·it shall be represented '>Y the
employee to the City Manager in writing within five (5) work days after the
response of the Police Olief is due. 'l'he City Manager or his/her designated
representative shall respond in writing within ten (10) work days.
Step 4.
If the grievance is still unsettled, the e~loyee within ten (10) work
days after the reply of the City Manager or hia/her designated representative
is due, may by written notice request the matter be heard by the Career Service
Board. The Career Service Board or its designated hearing officer shall be
requested to issue a decision within thirty (30) days after conclusion of
testimony and argument. Each party shall be reaponaible for compensation to
its own repreaentativea and witnesses. If either party 'desires a verbatim
record of the proceedings, it may cause such a record to be made, provided it
pays for the record and makes copies available without charge to the other
party and to the Career Service Board or its d•i&nated hearing officer.
Failure by an employee to comply with any time limitation shall constitute a
settleamnt of the grievance unless circumatancea beyond the control of the
eq>loyee would not permit compliance. Should the employer not respond within
the prescribed time, the griev~ncc ~ill automatically proceed to the next step.
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Authority of Career Service Board
The Career Service Board or its desianated officer shall have no power to
add to or subtract from or change the terms of this Agreement. The written
decision of the Board or i ta designated hearing officer shall be final and
binding upon the parties. The Board or its d .. ignated hearing officer shall
limit its decision strictly to the grievance submitted which has been properly.
processed through the grievance procedure outlined. Any hearing officer shall
be selected by mutual agreement of the parties.
Grievance Qption
It is agreed that should the appeal procedure as provided under 5-3-13
of the Muriicipal Code be utilized, recourse to the arievance procedure included
in this Article shall be waived.
Processing Grievance During Working Hours
Grievances may be investigated and proceased by the employee during working
hours within reasonable time limits without lot1s of pay provided notice is given
and the work load permits.
ARTICLE XXVI. DUES DEDUCTION
A. The City agrees to deduct the Association dues once each month from the
pay of those eq>loyees who individually request in writing that such doductions
be made, subject to the gamishment laws of th• Stat.a o·f Colorado. Th."? amounts
to be deducted shall be certified to the City Finance Director by the ·~reasurer
of the Association, and the aggregate deductions of all employees shall be remitted
together with an itemized statement to the Treaaurer 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 (30) .day written notice by the
employee to the City Finance Director.
B. Deductions shall be maoe from only one payment of wages each month, exce;:p L
that if no wages are paid an authorizing employee on the last payday of a given
month, deductions 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 under-
stood that the City asaumes no liability and shall not be liable for the collection
or payment to the Association of ~Y 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 checkof·f list, the City will not be rE:sponsible to make
adjustments, until notified by the Treaaurer of .th• Aaaociation.
C. The Association shall indeanify and hold the City harmless against any
and all claiu, suits, orders, or juda•nta brouaht or issued against the City as
a result of any action taken or not tak.en by the City under the provisions of this
Article.
D. Changes in the dues -amount to be deducted shall' be limited to two (2)
changes each year, and provided a thirty (JO) day written notice is provided the
City Finance Director.
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E. Sh ould the change in the deduction amo\.mt or method require a compute r
p rogrammi ng change, the Association shall be responsible for the cost of such
change o r changes, at $25 per hour with a four (4) hour maximum. Payment from the
the Association shall be made to the City Finance Director within ten (10) days of
receipt of billing. ·
ARTICLE XXVII. ASSOCIATION ACTIVITIES
The City agrees that during working houra on the City premises and without
loss of pay, Ass ociation representatives may be allowed to:· attend Association-
management meet ings; post Association noticea; solicit Association memberships
.during employee 's non-work time; and represent employees on grievances.
ARTICLE XXVIII . RULF.S AND REGULATIONS
Except as limited by the express terma of thia Agreement, the City retains
the r ight to p romulgate reasonable rules, regulations, policies, procedures
and directives . The reasonableness of said rul•, regulations, policies, and
procedures and duties shal l be subject to the arievance procedure.
ARTICLE XJCIX . MERIT INCREASES
The wage i ncreases provided for Police Officer 4th Class through 1st Class
shall not be co nsidered automatic, but rather baaed upon meritorious service.
Said merit incr e ase may be granted or denied to any individual Police Officer
upon reco .... nd ation of the ·Police Chief and with the approval of the City Manager
upon notice to a uch indivi dual Police Officer. The date in which the merit
increase is approved shal l determine the new merit anniversary date.
ARTICLE XXX. DUTY TO TESTIFY
Should any employee be required to testify before any court or departmental
administrative h earing as a result of his or her official duties with the City,
the time spent by such eq>loyee in providing such testimony shall be considered
to be work time . If s uch appearance for testimony is at a time wh en the employe e
would otherwis e be off duty, he or she shall be paid a minimum of two (2) hours
at the overtime rate. The employee shall pay to the City all witness fees,
and other coq>e nsation paid to the employee in conjwiction with so testi fying
excluding mileage fees. An employee who is called for witness duty sha:1.l present
to their supe rvisor the original &UIJIDODS or subpoena from the court and .. at the
conclusion of s uch duty, shall provide a signed statement from the clerk of the
court, or other evidence indicating the amount of time his/her person was required.
When he is subpoenaed as a witness in private litigation to testify, not in his
official capaci ty but as an individual, the time absent by reasons thereof shall
be taken as annual leave or leave without pay.
ARTICLE XXXI. ACTING PAY
All acting poai tions would be compensated at one-half the difference between
the employee's actual classification and that is which he is acting as approved
by the appointing authority, namely the City Manager. 'lbe employee must be in
the position f or a petiod of thirty (30) consecutive calendar days before said
employee becomes eligible for acting position compensation. Such pay will be
retroactive to the fir s t day of said employee assumes the responsibilities of
the position.
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ARTICLE XXXII. BASE SALARY
For the purpoae of determining an employees base wage, the employees regular
straight time wage· rate and longevity shall be used, excluding all othe·: forms
of employee compensation. (11\e above provision shall be used only for ~he
purpose of determining pension benefits under the state pension plan.)
ARTICLE XXX II. RETIREMENT
Dle retirement benefits or employees covered by this Agreement are set
forth in Title XI, Chapter 1, Sections 8 through 12 of the Englewood Municipal
Code and Colorado State Statutes. Employee contributions shall be as provided
for under State Law.
ARTICLE XXXIV. TUITION REFUND
Upon recoamendation of the Police Chief and after prior approval of the
City Manager, the City of Englewood may reimburse a permanent, full-time
police officer upon successful comple tion of an approved course or courses in
education or vocational training. The course or training must be related to
the work and be designed to improve competence in the job, Wld be of value to
the police officer's service to the City. This shall include all tuition, and
required texts.
ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT
The City and the Association agree that the t erm and provisions herein
contained constitute the entire Agreement between the parti es and supercede all
previous communications, r e presenta tions or agreeme nts, either verbal or written,
between the parties with respect to the subject matter herein. 'lhe City and
the Association agree .that all negotiable items have been discussed during the
negotiations leading to this Agreement and, therefore, agree that negotiations
will not be reopened on any item during the life of this Agreement except by
mutual agreement of the parties.·
TM A.greem nt n o by t autho r ized Cit y represen ta t i ves
and the Engl wood o c~it As o ciation shall be a m t ual r equ e s t o f
the above nam d p rt i-s _ t'1 City C.:> n .... ..:.. mod · fy t h current wag e
provisio s co f U ders anding, to reflect
that ef fect i e J ul l 7 , l at ea l oy e co ered b y the tenns of
the 197 6 r a n t ', :._r.,._-n i r.(' r e a 34 w~ge i n crea s e on his /her
annual sal r y.
In addition , t 1 cme r ar i .s mutuall agree that the c o llege
incentiv pro ram ~ d in h 19 Men r 11d o f Un e r standing
shall terminate an b o .... 0 f ·i:t:h -f fe"'t f ter uly ) 19 79.
a re lac~ t f r l c oll g e n c tive pl s provided und er
the 1976 .emorandu:n of r1e r an 1 '• 11 oy cs co .,red by the term s
of the 1976 M 0 and1 of li nde-s t"' 1 h 1 v c ncing July 1 ,
1979, $50.00 ". l d i t i 4.. t .ir i.? u · r mo . l ly sal ary.
Th p t i r s pt! eq est thi. m i ication and by their
respe ct v re pres nta!....:. S h<'V L l ced their sis n turc~ thereon, on th is
2nd day of J y 1979, a E, .le ood, Color ad .
CITY OF ~ ... LEW ~ L I E ~I T ;~.SSOC IATION
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