HomeMy WebLinkAbout2006 Resolution No. 086•
•
•
RESOLUTION NO . .%t2_
SERIES OF 2006
A RESOLUTION CONCERNING ErnlCS, RECEIVING GIFfS AND GRATUITIES
APPL YING TO TI!E ENGLEWOOD CITY COUNCll.., BOARD AND COMMISSION
MEMBERS AND ALL CITY EMPLOYEES.
WHEREAS, Ballot Question 41, of the November 2006 Election proposed an Amendment
concerning ethics in government to the Colorado Constitution ; and
WHEREAS , Section 7, of the proposed Artide XX!X allows Home Rule Municipalities to
adopt their own ethical rules; and
WHEREAS, the City has had an effective Administrative Policy concerning gifts for decades ;
and
WHEREAS, the Englewoocl City Counc ;l desires Englewood's Policy to directly apply to
them as well as Board and Commission Members and City employees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll.. OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The following Policy concerning ethics, receiving gifts and gratuities shall apply to
the Englewood City, Board and Commission Members and all City employees .
POLICY
City Council , Board and Commission Members and City Employees will not solicit or accept any
personal gift, gratuity, favor , entertainment , loan or any other item of monetary value from any
organization, business finn o, person who has or is seeking to obtain business with the City or
from any organization, business firm or individual whose interests may be affected by the City
Council , Board and Commission Members and City employee's performance or non-perfonnance
of official duties. If a City Council Member, a Board or Commission Member, or a City
employee receives any gift ~r gratuity or other thing of ,alue under this section which practically
cannot be returned, it will immediately be turned over to the City and become City property .
Acceptance of nominal gifts in keeping with special occasions, such as marriage, retirement or
illness, food and refreshments in the ordinary course of business meetings; unsolicited advertising
or promotional material, e.g., pens, notepads , calendars , etc . or soci..: courtesies which promote
good public relations is permitted.
Contributions may be made for flower funds or special gifts for co-workers . Participation in ,uch
activities, including contributions for nominal gifts to supervisors, must be voluntary on the part
of each City Council Member, Board and Commission Member or City employee .
Supervisor's will not borrow money or accept favors from subordinates . Supervisora must avoid
placing themselves in a position that could interfere with, or create the impression of interfering
with, the objective evaluation and direction of their City employees .
City Council, Board and Commission Members , or City employees should avoid relationships
that might be r.cnstrued BS evidence of favoritism. coercion, unfair advantage or collus io,,.
This policy docs not preclude receipt of awards or expen ses paid for papers, talks,
demonstrations , or appearances made by City employees with the approval of the City Manager,
or on their own time for which they arc not prohibited by this policy . A City Co uncil Member
should notify the other Members of Council of the foregoing .
Receipt of capital items should be rec eived by the Cit y Council BS provided for in Sec tion 80 of
the Cit y Charter.
AMENDED , ADOPTED AND APPROVED this 4th ofDccembcr, 2006 .
I, Loucrishi a A. Ellis, City Clerk for ~City of Englewoo
above is a true copy of Resolution No . Jl/t_, Series of 2006 .
•
•
ARTICLE 9. OVERTIME
A. Standard Overtime.
1. Upon detennination that the reporting of assigned persoMel to the duty shift is
below the City established level, the call to otT-dutypersoMel for overtime will be made.
2. Non-exempt employees covered by this contract working in positions other than
their actual rank are counted in acting capacity. In the event requirements necessitate
positions be filled with actual rank, persoMel of said r.mk will be ordered in .
3. Non-ex.:mpt employees covered by this contract shall receive overtime
compensation for work performed over and above tl,e assigned work schedule . Any
overtime compensation for training shall be pursuant to the provisions of the Fair Labor
Standards Act. All ov,.rtime compensation shall be calculated at time and one-half((½)
of the employee's regular wage rate, or acting wage rate, whichever is higher.
4. The method used to select Firefighters to work overtime situations will be
contained in procedures published by the Director of Safety Services. The procedures
will provide a fair and equitable distribution of overtime among bargaining unit
employees . The procedure will contain a selection process whereby an eligible
individual will not forfeit his/her position in the selection process if: less than a twelve-
hour block of time is worked ; if the employee is sick or on annual leave; or if this would
require the employee to work seventy-two (72) consec L1ti ve hours, or more . Refusal for
sickness will be accepted only if the employee was absent the last duty day due to illness
or short term disability leave .ual leave is the period of time from the end of the last
day worked until the emr" .etums to duty. However, if an employee is on annual
leave, he/she has the opti J ll to work on any but his/her own shift.
5. lfno off-duty persoMel wish to work, the Shift Commander will order in the first
person he/she contacts following the normal rotation . If the overtime person is not at the
assigned station by the beginning vf the shift, the person held over from the previous shift
shall be given overtime in quarter(¼) hour increments.
6. If at any time during the shift the absent persoMel returns to c!Jty, the officer in
charge will relieve the person who came in to \, ork that overtime position. The person
working the overtime will be paid a minimum of two (2) hours worked. If more than two
(2) hours are worked, his/her time will be computed to the nearest next half(½) hour.
7. No one other than the Director of Safety Srrvices, the on-duty Shift Commander,
or acting Shift Commander, Union representativ :, at the request of the employee, with
the employee and management persoMel pres. n~ shall have access to or review the
overtime records. Any person not following this policy or found tampering with the file
will be subject to disciplinary action by the Director of Safety Services,
12
•
•
•
•
•
•
B . Emerpncy Overtime.
I . Emc,rpncy overtime is defined u a multi-alarm situation or disuter where more
than normal m111nin1 is required and must be authorized by the Director of Safety
Services .
2. When non-exempt employees covered by this contract work overtime on an
emergency call back basis , that overtime shall be computed on a forty ( 40) hour duty
week wage basis .
C. Combined Overtime.
I. When a non-exempt employee covered by this contract is working a standard
overtime shift and responds to an emergency with other employees called in on
emergency overtime, he/she will be compensated on the emergency overtime basis during
the period of that emergency .
13
ARTICLE 10. ACTING PAY
The following acting positions assigned and authorized by the Director of Safety Services or the
Director's designated representative will be compensated at full pay. The employee becomes eligible for
acting pos ition compensation immediately upon assumption of responsibility of the position .
Acting assignments will be made according to the following procedure :
Actjng D.O.E.
First Priority-Eligibility l ;st
Second Priority -Personnel with DOE Check Off List
Third Priority -Discretion of Shift Commander
Acting Lieutenant
First Priority -Eligibility Li st
Second Priority -Personnel with Lt. Che.,k Off List
Third Priority -Discretion of Shift Commander
14
•
•
•
• ARTICLE I I. ANNUAL LEA VE
A. Shift work employees shall be entitled to annual leave according to the following
schedule:
Hourly Hourly
Accumulation Accumulation Annual Total
~ Per Pa~ fgjQd J::!Ql!J] Shifts
0-4 years continuous service 13 hours 6 hours 156 6.5
(through 48 months)
5-9 years continuous service 15 6.92 180 7.5
I 0-14 years continuous service 19 8.77 228 9.5
15-19 years continuous service 21 9.69 252 10.5
20+ years continuous service 23 10.62 276 11.5
Annual leave shall not be granted to any emp loyee until he/she has been in the employ of the City
for at least six months .
B. The maximum ac, umulation of annual leave shall be two (2) times the employee's normal
annual leave accumulation.
C. Method of Selection -The selection for use of annual leave shall be by seniority. The
first round of selection begins by those employees with greatest seniority choosing first and those with
less seniority choosing last. The second round of selection will begin with those having less seniority
choosing first and those with more senio.<ity choosing last.
• D. Use -The schedule for use of annual leave shall be determined by the needs of the
Department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety
Services. When an employee has scheduled annual leave through the normal method of selection and is
subsequently transferred to another shift, the City shall accommodate said employee 's original annual
leave selection when not to do so would result in financial loss due to cancellation of travel
arrangements .
E. Annual Leave Pay -The rate of annual leave pay shall be the employee's regular straight
time hourly rate ofp~v for the employee's regular job and charged on a working hour basis, excluding
regular days off. Aru,ual leave shall be allowed only to the total hourly amount accumulated up to and
during the pay period in which the leave is taken.
F. Minimum Usage-There shall be a one (I) shift minimum use of annual leave time for
shift workers with the following exception : If an employee covered under this contract has used all of
the personal leave provided to him/her for the year, the employee may use annual leave ofless than one
(I) shift as approved and authorized by the Director of Safety Services or the Director's designated
representative.
G. Annual Leave Pay Upon Separation -Any employee who is separated from the service of
the City, i.e., retirement, termination (if employee has completed 6 months of continuous service with
the City) or layoff, shall be compensated for the unused annual leave time accumulated at the time of
separation .
15
ARTICLE 12 . PERSONAL LEAVE
All shift work employees covered by this contract shall be granted ninety-six (96) hours of
personal leave with pay which an employee is entitled to use for the following purposes :
A. Employee 's own illness/injury
B. Illness/injury of employee's family
C. To attend to personal business.
For any employee who has not used the ninety-six (96) hours of personal leave, the City will
compensate said employee for the unused time at the employee's regular wage rate to be paid according
to the prevailing payroll schedule . Personal leave time shall not exceed ninety-six (96) hours nor shall it
be accumulated or carried over from one year to the next. In the event of illness/injury in which personal
leave is requested, the employee shall notify his/her supervisor at least one (1) hour prior to the
employee's scheduled reporting time.
Those employees with balances in the "Compensatory Time Bank" as of January 1, 2001 may
exhaust their balances , but no further transfers into the banks will be allowed.
16
•
•
•
•
•
•
ARTICLE 13. SHORT TERM DISABILITY (STD)
A. Definition -Short term disability is leave 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.
B. Provision -During the life of this contract, the City agrees to provide short term disability
leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent
( I 00%) of the employee's regular wage up to nine hundred sixty (960) working hours, ( one hundred
twenty ( 120) days/forty ( 40) shifts.}
C. Short term disability leave shall not be accumulative except that on January I of each year,
the City shall restore one hundred percent (100%) of the number of hours/days /shifts used by an
employee during the preceding year up to a maximum of 480 hours, sixty (60) days or twenty (2 0)
shifts.
D. Utilization.
E.
I . Authorization for short term disability leave with pay shall only be granted after
the first shift/day of disability.
2. Authorization for short term disability shall be granted for the illness or injury of
the employee not service connected, including maternity related disability. (See related
City Of Englewood Policy# 31 "Family And Medical Leave Policy" -Exhibit IV)
Sick Leave Option • All sick leave accrued by employees prior to January I , 1980, shall
vest with the employee , and may be used in the following manner:
I. After the hours/days/shifts described above have been used, unless the employee
is entitled to retirement as a result of disability.
2. By cashing in all accrued sick leave accumulated under the previous plan upon
normal retirement from the City at the rate ofone (I) hour's pay for each two (2) hours of
accrued sick leave at the employee's regular rate or one (I) hour's pay for each four (4)
hours upon separation from the City.
3. 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(!) hour pay, not to exceed a
conversion of more than four hundred ( 400) hours each year.
F. Reporting of Short Tenn Disability -The employee or a member of the employee's
household shall notify the employee's Shift Commander at least thirty (30) minutes prir,r to the
employee's scheduled reporting time. The employee's Shift Commander may waive the reporting
requirement depending upon the circumstances surrounding the short term disability .
17
O. Verification of Disability. If absence from worlc is in excess of three (3) consecutive •
worlc days/ahifta or more, a medical release must be provided by the employee. If the City requires the
employee to seek a second opinion, the City will bear the cost of the second examination .
H. Abuse of Short Term Disability• Abuse of short term disability occurs when an
employee misrepresents the actual reason for requesting short term disability or when an employee uses
short term disability leave for unauthorized purposes . An employee who makes a false claim for short
term disability leave shall be subject to disciplinary action, up to and including termination .
18
•
•
•
•
•
ARTICLE 14. WORKERS' COMPENSATION
A. For any work related injury/illness which causes any employee to be absent from work,
the City shall pay employee his/her full wages from the first day of his/her absence from worlc up to and
including the 90th calendar day of such absence, less whatever sums received by the employee as
disability benefits under Workers' Compensation . The City reserves the right to require any employee
on injury or disability leave to submit to an examinations by City-appointed physicians at the City's
expense or under the provision of workers' compensations or the retirement/pension provision as
provided under State statute.
B. All injuries that occur during working hours shall be reported to the employee's
supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of
employment unless circumstances beyond the control of the employee would not permit.
19
ARTICLE 15 . MILITARY LEAVE
Mili 11ay Leave will be granted per the Cjty of Englewood AdminjstraJjve Po)jcy Manual, #3S
"Military Lc,ve Policy" -Exhibit V.
20
•
•
•
•
•
•
ARTICLE 16. FUNERAL LEAVE
The Director of Safety Servi= shall grant leave with pay to an employee to attend the funeral of
a member of the employee's family. The number of days/shifts granted shall be governed by the
circumstances of the case, but shall be at least one (I) day/shift and in no event shall they exceed three
(3) of the employee's regularly assigned days/shifts. For the purposes 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 . At the discretion of the Operations Chief or
dcsignee, annual leave or perso nal leave may be utilized to attend the funeral of people that are not
included in the list above . Leave for this purpose may be granted outside of the normal ltave policies of
the Fire Division .
21
ARTICLE 17 . JURY DtlTY AND WITNESS SERVICE
Leave may be fjl'lllltcd to an employee for serving on jury duty or u a witness in his/her official
capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the
difference between his/her regular compenaation and the fees received for jury duty or u a witness .
When he/she is subpoenaed as a witnen in private litigation to testify, not in his/her official capacity but
as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay.
SeeCjtyOfEng)ewood Administrative Poljcy Manual. #34 "Jury Duty And Witness Service" -Exhibit
VI.
22
•
•
•
•
•
•
ARTICLE 18. HOLIDAYS
A. (I) Shift work employees covered by this contract will be eligible for eighty (80)
houn of holiday time-off or pay.
(2) The payment for holidays will be made in November of each year based on the
employee's regular straight time hourly wage ntc. Employees must notify the
Department by October I of each year, of their in ,~•ion of receiving holiday pay in lieu
of time off.
(3) Holiday pay for terminating rmd new hire employees will be determined on a
monthti · pro rata basis. (faample: If an employee retires on April 30, the
=ployee is eligible on a monthly pro rata basis for six (6) months or on e-half
(½) of the eighty (~O) hours holiday benefit.)
B. Forty (40) hour employees will not be eligible to receive a holiday pay cashout, but sr .J I
receive the days off on the twelve (12) officially recognized City holidays provided the employee has
actually worked or had approved paid leave on the day immediately prior to and following a holiday
unless otherwise approved by the Director of Safety Services . A shift work employee who is assigned to
a forty (40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout in
November for the period that he was on shift work .
23
AR1 ,C LE 19. VOTING LEA VE
V,Jtin11 Leave will be llflllled per the Cjty Of EnRlewQ!!!Udminjstrutive Po)jcy Manual , #39
"Votln11 Lu.ve" • Exhibit VD . •
•
•
•
•
•
ARTICll! 20 . TRADING TIME
A. Employ. may be pamitted to IIOCUl'e anotha' Firefiahterof equal rank and qualificationa
to 1ub1titute for them 111bject to the approval of their Shift Commander. The employee 111b■titutina ■hall
be responsible to work the scheduled ahi ft and any absence shall be charged againat that employee. Any
request for substitutes shall be signed by both Firefiahtera and approval of the Shift Commander shall
also be in writing.
B. Trading time shall be governed by the following criteria :
I. The trading of time is done voluntarily by the employees participating in the
trade.
2. The reason for trading time is due to the employee's desire or need not because of
Fire Division operations .
3. If a trade request is denied by a Shift Commander, the Shift Commander shall
provide a written statement to the requesting employee with the reason for denial of the
request.
25
ARTICLE 21. UNPAID LEA YES OF ABSENCE
Unpaid leaves of absence m•y be !!="iini,;d per the~; Of Englewood Admjnjljratjye Poljcy Mantaj, #38 "Unpaid Leave of Absence" • Exhibit Vil!. •
•
26 •
•
•
•
ARTICLE 22 . UNIFORMS
A. (I) If an employee is required to wear a unifonn and/or safety equipment, the
employee shall wear the unifonn and/or safety equipment only u authorized or required
by the division work rules. All employees shall maintain a presentable appcarane<.: while
on duty. The employee is responsible for any damage to the unifonn or safety equipment
by negligence or deliberate act . The City will be responsible for providing all uniforms
and safety equipment.
(2) The Division on a replacement basis will bear the cost of replacement uniforms.
The new replacement uniform will meet or exceed National Fire Protection Association
(NFPA) standards.
B The Division will authorize and require specific shoes and will provide a footwear
reimbursement offiftyperccnt (50%) of the cost ofauthori~ footwear up to a maximum of$130.00 per
year.
C. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire
Department for employees engaged in the Division's physical fitness proaram . The above clothing will
be provided according to an as-needed basis, determined by the Director of Safety Services .
D. Cleaning • The City will be responsible for providing cleaning for all uniforms and/or
safety equipment.
27
ARTICLE 23. MILEAGE REIMBURSEMENT
A Fireflahter who is 1pccifically authorized by the Director of Safety Servica to opente hi.,,_
penonally owned automobile in conduct of City business shall be paid mileap in ICCOrdlllOI with the
City of En@lewood Admjnjstratjye Po)jcy Manual. #•9, "Travel Reimblll'ICment".
21
•
•
•
•
•
•
ARTICLE 24. INSURANCE
A. MEDICAL
The City will pay ninety percent (90%) of the premium cost for single coverage for
medical insurance. Employees will pay ten percent (10%) of the premium cost for single
coverage for medical insurance .
The City will pay eighty-five percent (85%) of the premium cost for"employee plus one"
coverage for medical insurance . Employees w' I pay fifteen percent ( 15%) of the premium cost
for "employee plus one " coverage for medical .. 1surance .
The City will pay eighty percent (80%) of the premium cost for "family" coverage for
medical insurance. Emp loyees will pay twenty percent (20%) of the premium cost for "family"
coverage for medical insurance.
B. DENTAL
The City will pay ninety percent (90%) of the premium cost for single coverage for dental
insurance. Employees will pay ten percent (10%) of the premium cost for smgle coverage for
dental insurance.
The City will pay eighty-five percent (85%) of the premium cost for"employee plus one "
coverage for dental insurance. Employees will pay fifteen percent ( 15%) of the premium cost fo r
"employee plus one" coverage for dental insurance .
The City will pay eighty percent (80%) of the premium cost for "family " coverage for
dental insurance. Employees will pay twenty percent (20%) of the premium cost for "family"
coverage for dental insurance.
C. It is understood and agreed that should the premium ,,osts fo r either oftl1e City's
insurances be reduced during the life of this contract, the City 1111d employees will equally share
in the premium rate reduction .
D. Any dispute concerning the interpretation or application ofbenefits provided under the health
or dental plans shall be subject to the plan appeal process . It is expressly understood that this
article is a non-grievable item under this contract.
29
ARTICLE 25 . LIFE INSURANCE
Tenn life insurance will be provided by the City for employee, covered by this contract in the
amount ofone time his/her annllll Nluy. The minimum benefit i1 $35,000 and the maximum benefit is
$50,000. Upon retirement, the employee may convert the life lnaurance per the life inaurance plan
conversion agreement in place at the time of his/her retirement.
30
•
•
•
•
•
•
ARTICLE 26. RETIREE HEALTH INSURANCE REIMBURSEMENT
The City agrees to allow retirees and future retirees a convenion privilege to the health
insurance convenion plan available through the City. For employees who retired on or before
December 31, 1995, the City agrees to pay fifty percent (50%) of the cost of coverage of the health
insurance convenion plan or other plan selected by the retiree up to a maximum of$75.00 per month
for the employee and including the employee's dependents . For employees who retired on or after
January I, 1996, the City agrees to pay fifty percent (50%) of the cost of coverage of the health
insurance conversion plan or other plan selected by the retiree up to a maximum of $100 .00 per
month .
It is the intention of the City to phase out this provision .
31
ARTICLE 27 . LAYOFF
Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in
the ,,umber of employees , the appointing authority shall designate the positions in which the layoff is to
be made. Upon such determination, 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/her relative length
and quality of service as shown by the persoMel records . Employees on layoff shall be recalled in the
order of seniority provided that those recalled have the demonstrated ability and same qualifications to
perform the available work as determined by the City. Any employee in a higher rank, iflaid off, may
transfer to the previous lower rank . The layoff list shall terminate after eighteen ( 18) months .
32
•
•
•
•
•
•
ARTICLE 28, TUITION REIMBURSEMENT/D EGREE ACHIEVEMENT RECOGNITION
Tuition will be reimbuned per the Cjty of Englewood Admjpjstratiye Poljcy Mlmlll, #29
"Tuition Reimbursement/De~ Achievement Recognition" -Exhibit IX ,
33
ARTICLI' 29 . SETTLEMENT OF DISPUTES
A grievance is defined as an alleged violation of a specific provision of this contract. The
employee and the Association shall be required to follow the procedure as set out below :
film..!
If an employee is unable to settle the grievan ce or dispute orally and informally through his/her
shift commander within five (5) business days of the date of the occurrence of the grievance, or the
employee's knowledge of it, the employee may, within the succeeding five (5) business days , file a
written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and
shall respond in writing to the employee within five (5) business days .
If the answ er is not satisfactory, the matter shall be presented in writing by the employee to the
Division Chief within fi ve (5) business days following receipt of the Shift Commander's response . The
Division Chief shall respond in writing to the employee within five (5) business days .
If the answer is no, satisfactory, the matter shall be presented in writing by the employee to the
Director of Safety Services and the Human Resources Director within five (5) business days following
•
receipt of the Division Chiers response. The Director of Safety Services and the Human Resources
Director will meet , investigate, and discuss the grievance. The Din ctor of Safety Services shall respond •
in writing to the employee within five (5) business days.
If the grievance still remains unadjusted, it shall be presented by the employee to the City
Manager in writing within five (5) business days following receipt of the response of the Director of
Safety Services . The City Manager or his/her designated representative shall re spond in writing within
ten ( I 0) business days .
Step5
If the grievance is still unsettled, th• Association, within ten (I 0) business days after re,:eipt of
the answer by the City Manager or his/her designated representative , may by written notice re<juest the
matter be submitted to either mediation or arbitration .
(a) Mediation .
(1) If mediation is requested , the parties will attempt to mutually agree upon a
mediator. If within five (5) days of the request for mediation the Association and the City cannot
mutually agree on the mediator, a request will be filed with the American Ar~,ltrati on Association fort
panel of seven (7) mediators to be sent to the parties .
(2) The mediator will be selected by a method of altcrna:iv~ striking of names frot.1
34 •
•
•
•
the panel, with tho first strike determined by a coin flip. The final name left on the panel will be the
mediator. The meuiator will convene a meeting of the parties as soon as possible and attempt to develop
a settlement of the grievance which is acceptable to both parties . Any such settlement will be in writing
and will be dated and signed by representatives of the Association and the City and by the mediator. The
terms of any such settlement will be in iplcmented by both parties . If a settlement is not reached through
the mediation process, the mediator will notify both parties in writing that the mediation process has
concluded . Such notice concludes the grievance procedure.
(3) The fees of the mediator shall be borne equally by the Association and the City .
(b) Arbitration.
(I) If the Association requests arbitration, the parties will attempt to choose a
mutually agreeable arbitrator . If within five days of the request for afbitration the
Association an~ •~e City cannot mutually agree on an impartial arbitrator, a request will
be filed with the American Arbitration Association for a panel of seven arbitrators to be
sent to the parties. The arbitrator shall be selected by a method of alternative striking of
names from the panel, with the first strike determined by a coin flip. The final name left
on the pane! shat. ·,e ·.he arbitrator. The arbitrator shall be requested to issue a decision
within thirty (30) days after conclusion of testimony and argument.
(2) Each party shall be responsible for compensation to its nwn representatives and
witnesses. The fees of the arbitrator shall be borne equally by the Association and the
City .
(3) 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 a copy available to the
arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs
for the transcript.
Authority of Arbitrator.
The arbitrator shall have no power to add to or subtract from or change the terms of this Contract.
The written decision of the arbitrator shall be fina l and binding upon the parties . The arbitrator shall
limit his decision strictly to the grievance submitted which has been properly processed through the
grievance procedure outlined.
Time Limits
i'ailure by an ~mployee to comply with any time limitation shall constitute a settlement of the
grievance. Should the employer not respond within the prescribed time, the grievance will automatically
proc ~ed to the next step .
35
Grievance Option
It is agreed that should the appeal procedure as provided under 138 :3 of the City Charter or
applicable City policy provisions be utilized, recourse to the grievance procedure included in this Article
shall be waived .
Prncessjng Grievance During Work 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 pennits. The
employee shall be allowed to attend hearings while on duty.
Oral and Written Corrective Action
Oral Corrective Action --Whenever grounds for corrective action exist and the supervisor
determines that the incident, action or behavior of the employee is such that more severe action is not
immediately necessary, the supervisor should orally communicate to the employee the supervisor's
observation of the problem and offer assistance in correcting the situation . When an oral corrective
action is given, the supervisor should ensure that the supervisor's log is documented to show date of the
corrective action and the nature of the corrective action . The employee should be advised that the
corrective action will be documented in the supervisor's log.
•
Written Corrective Action --When the supervisor determines that a written corrective action is
appropriate and necessary, the corrective action shall be addressed to the employee and shall include the
violation ; the specific behavior and the dates of the behavior (when appropriate) that support the charge ;
the warning that continuance of th :s behavior will result in disciplinary action; and an offer of assistance •
in correcting the behavior.
A signed copy of the corrective action by the supervisor shall be included in the employee's
official personnel file in the Human Resources Department , and the employee shall have the opportunity
to submit written comments in response to the correc tive action to he included in the file .
If an employee disagrees with the letter of corrective action , the emplo yee, within seven (7)
calendar days, may request a review of the written corrective action by the Human Resources Director .
36 •
ARTICLE 30 . SUPPLIES • A. The City will provide and maintain supplies and equipment for Ille normal operation of
the Fire Division. These include:
I. Laundry: linens and cleaning of same.
2. All kitchen appliances and utensils, and repair and/or replacement of same.
3. Private phone in each station and maintenance and/or repair of same.
4. Maintenance ofT.V.s and recorders.
5. Items of hygiene (soap, toilet paper, etc .).
A. The provisions of this Article will be under the control of the Director of Safety Services.
Individual abuse to be dealt with on an individual basis .
•
• 37
ARTICLE 31. DRUO TESTING AND PHYSICAL FITNESS
Drug testing and physical fitness are pennissive subjects of negotiations .
The City agrees consistent with Article 5 of the Collective Bargaining Apecment to consult with
the Union regarding the fonnation of any drug testing policy or physical fitness program . In addition, it
is not the City's intention to institute random drug testing now or in the foreseeable future .
38
•
•
•
•
•
•
ARTICLE 32. DEA TH AND DISABILITY ASSESSMENT
For !iRtighters hired on or after January I, 1997, the contribution required by§ 31-31-ISI 1(4),
C.R .S., shall be wessed equally against the City and such firefighter so that fifty percent (50%) of the
contribution required by the state shall be assessed against the firefighter and fiftypm:cnt (50%) shall be
assessed against the City .
39
ARTICLE 33 . EXCLUSIVENESS OF CONTRACT
The City 111d the Union agree that the terms 111d provisions herein contained constitute the entire
contract between the parties 111d 111penede all pre vi ous communications, representations or agreements,
either verbal or written , between the parties with respect to the subject matter herein . The City 111d the
Union agree that all negotiable items have been discussed during the negoti ations leading to this contract
and, therefore, agree that negotiations will not be reopened on any item during the life of this contract,
except by mutual consent of the parties .
IN WITNESS WHEREOF, the parties have caused this contract to be signed by their respective
representatives and their signatures placed thereon , on this __ day of July, 2006 at Englewood,
Colorado .
ENGLEWOOD FIRE FIGHTERS
LOCAL#l736
President
40
CITY OF ENGLEWOOD
Mayor
Attest :
City Clerk
City Manager
•
•
•
•
•
•
COUNCIL COMMUNIO,TION
Date: Agenda Item: Subject :
Jul y 10, 2006 11 C ii Collective Bargaining Agreement Between the
City and the EFFA for 2007 and 2008
Initiated By: I Staff Source :
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Agreement with the Englewood Fire Fighters Associat ion was
approved by Council for 2005 and 2006.
RECOMMENDED ACTION
Staff requests Council adopt a resolution to approve the Collective Bargaining Agreement between
the Englewood Fir e Fighters Association and the City of Englewood for the yea rs 2007 and 2008.
Th e contract covers approximately 46 emplo~1ees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in
May of 2006 in accorda nce with the City of Englewood Charter. The membe rs of the Englewood
Fire Fighters Association duly ratified, by a majority vote, the Collective 'Jarga ining Agreement
The signi fi can t changes •o th e con tract are as follows:
1. A :!.65% increc:o on 2006 wages will be granted 011 January 1, 2007.
2. A market adjustment, based 011 the salary survey lo be conducted 111 th e third quarter of
2006, wi ll be made on January 1, 2007 in addition lo #1 above,
3. A market adjustment, based on th e salary survey lo be conducted in the third quarter of
2007, will be made on January 1, 2008.
4. The employer contribution to health/dental premiums will no longer be 85% for all leve ls of
covera ge . The City will contribute 90%, 85% o r 80% depending 011 coverage level.
5. The City will add 8 hours of holiday pay/tim e to the :urrenl 72 hours.
FINANCIAL IMPACT
The impact of the salary increase mentioned in # 1 above will be approximately S 79,000 for 2007
(salaries, Medicare and pension). The impact of the salary increases dependant on the 2006 and
2007 salary surveys (#2 and #3 above) Is not known at this time . Each 1% Increase to wages
(Including Medicare and pension) will cost approximately $29 ,600.
LIST OF ATTACHMENTS
EFFA Collective Bargaining Agreement for 2007 and 2008.
•
•
•