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HomeMy WebLinkAbout2004 Resolution No. 078• • RESOL UTIO N NO . 7f SE RI ES OF 20 04 A RES Q!.UTION AUT HORIZING THE CO LL ECTIVE BAR GA INING CON TRA CT BETWEE ~ THE ENGLE WOO D FIREFIGHT ERS LO CA L NO . 1736 AND THE CITY OF ENGLE ll'OOD FOR Tl-I E PERIOD OF JANUA RY I, 2005 THRO UG H DE CEM BER 3 1, 2006 . WHEREAS , th e Eng lewood Ci ty Cou ncil au th ori ze d th1.: Co /l cc11vc Barga in ing Conlract between tlic Englewood Firefighters Loca l No. 1736 and th e Cit y of Englewood for th e ycurs 2003 and 2004, by the pa ssage of Reso luti on 78 , Seri es of 2002 ; and WHEREAS, Re so luti on 78, Series of 2002, pro vided for a .. wage re-open er" in 2003 fo r 2004 wages; and WHEREAS , th e members of th e Engl ewoo d Firefighter s Local No. 1736 duly ratifi ed, by a maj ority of the memb ers, the Co ll ec ti ve Bargaining Contrac t frr 2005 -2006 ; and WHEREAS , the signifi cant cha nges to th e contrncl arc : a · .. 12% increase on 2004 wages will be grant ed on January I, 2005; a I% incre ase on 2004 wages will be gra nte d on Ju ly I, 2005 , providing the Cit y ha s me t ce rtain re ve nu e co lle ctio ns; a I% increase on 2004 wages will be gra nt ed on October 1, 200 5, providing the City has met ce rt ain re venue co llection s; and two incre ases will be gran ted in 2006, on Janu ary I and Jii ly I , based on I) a sa lary survey to be co ndu cted in 2005 to detcnnine the market rate , and 2) the City's revenue situation . NO W, THEREFORE , BE IT RESOLVED BY TH E CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section I. The City Co uncil of th e City of Englewood , Colorad o hereby approves the Co llecti ve Bargaining Contract between the Englewood Firefighters Loca l No. 1736 and th e City of Englewood for th e peri od of January I , 2005 through De cembe r 31 , 2006 , attached here to as Exhibit A. Sectio n 2. The Mayor and th e City Clerk arc hereby autho ri zed to sign and attes t th e Co llective Bargaining Co ntract between the Englewood Firefighters Loca l No. 17 36 an d th e City of Eng le wood, Co lorado, fo r th e years of 2005 and 200 6. ADO PT ED AND AP PR OVED thi s 12~ day of Jul y, 200 COLLECTNE BARGAINING CONTRACT BETWEEN THE ENGLEWOO D FIREFIGHTERS LOCAL 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2005 AND 2006 INDEX ARTICLE RECOGNITION Page 3 ARTICLE 2 EMPLOYEE RIGHTS Page4 ARTICLE 3 BULLETIN BOARDS Page 5 ARTICLE 4 DUES DED UCTION Page 6 ARTICLE 5 RULES AND REGULATIONS Pa i·•! 7 ARTICLE 6 DURATION Ol' CONTRACT Pag e 8 ARTICLE 7 HOURS OF WORK Page 9 ARTICLE 8 COMPENSATION Page 10 ARTICLE 9 OVERTIME Page 12 ARTICLE JO ACTING PAY Page 14 ARTICLE II ANNUAL LEAVE Page 15 ARTICLE 12 PERSONAL LEAVE Page 16 ARTICLE 13 SHORT TERM DISABILITY -STD Pa ge 17 ART ICLE 14 WORKERS' COMPENSATION Page 19 ARTICLE 15 MILITARY LEA VE Page 20 ARTICLE 16 FUNERAL LEA VE Page 21 ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page 22 ARTICLE 18 HOLIDAYS Page 23 ARTICLE 19 VOTING L -:.A VE Page 24 ARTICLE 20 TRADING TIME Pa ge 25 ARTI CLE 21 UNPAID LEAVES OF ABSENCE Page 26 • \ INDEX (CONTINUED) ARTICLE 22 UNIFOR.iv!S Pa ge 27 ARTICLE 23 MILEAGE REil'vfBURSEl\lIENT Page 28 ARTIC LE 24 INSURANCE Page 29 ARTICLE 25 LIFE INSURANCE Pag~ 30 ARTICLE 26 RETIREE HEALTH INSURAi"ICE REIMBURSEMENT Page 31 ARTICLE 27 LAYOFF Page 32 ARTICLE 28 TU1TION REIMBURSEMENT Page 33 ARTIC LE 29 SETTLEMENT OF DISPUTES Page 34 ARTICLE 30 SUPPLIES Page 37 ARTICLE 31 DRUG TESTING A.NT) PHYSICAL FITNE SS Page38 • ART ICLE 32 DE A TH AND DISABILIT Y ASS ESSMENT Page 39 ARTICLE 33 EXCL USIVE:s!ES S OF CON TRACT Page 40 COLLECTIVE BARGAINING CO NTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL #1736 AND THE CIT Y OF ENGLEWOOD FOR THE YEARS 2005 AJ® 2006 This contract is entered into by and between the City of Englewood (hereinafter referred to as the "C ity") and the Englewood Firefighters (hereinafte~ referred to as the "Union"). It is the purpose of this contract to achieve '.llld maintain harmonious relations berween the City and the Union; to provide for equitable and peaceful adjustment of differences which may ari se, and to establish proper standards of wages, hours and other conditions of employment. Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict , limit, or impair, the rights, powers and authority ofth" City as granted to it under the laws of the United States, the State of Colorado and the City's Charter and Municipal Code. The rights , powers, and authority include, but are not limited to , the following: A. The determination ofFire Division polic y including the right to manage the affairs of the Fire Division in all respects . B. The right to assign working hours, including overtime . C. The right to establish, modify or change work schedules , manning of apparatus , am ount of apparatus in the main or reserve fleet , etc. D. The right to direct the members of the Fire Division including the right to hire, promote, transfer or discipline or discharge for cause , any firefighter within the Fire Division . E. The table of organiz~.tion of the Fire Division including the right to organize and reo rgani ze th e Fire Division in an y m,mner it chooses , including the size of the Fire Division and the det erminat io n of job classification and ranks based upon duties assigned. F. The determin ation of the safety, hea lth and property protection measure for the Fire Di vis ion. G. The allocation and assignment of wo rk to all firefighters within the Fire Divisi on. H. The determination of polic y affectin g the selection or training of firefigh ters . L The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. J. The establishment , discontinuance , modification and enforcement of Fire Divi sion rules , regulations and orders. K. The transfer of work from one position to another within the Fire Division. L. The introduction of new, improved or different methods and techniques of operation of :he Fire Di vision or a change in the existing methods and techniques . M. The placing of service. ·.naintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of firefighters within each ra.nk . 0. The determination of the amou.nt of supervision necessary. • ARTICLE I. RECOGNITION The City recognized the Union as the organiz ation certified pursuant to the Charter of the City of Englewood , as the sole and exclusive collective bargaining agent for all full-time classified Englewoo d Firefighters including firefi ghter, Driver-Operator-Engineer, Firemedic and Lieutenants . he Ci ty agrees !hat it will uot dec ertify or withdraw recognition of the Union as a result of any mem be r of the bargaining unit serv ing temporaril y in an ac ting capaci ty in a position outside of the bargaining unit. ARTICLE 2. EMPLOYEE RIGHTS See Artic le XV , "Englewood Employee Relations and Career Service System Act -198 l" of the Home Rule Charter of the City of Englewood. Exhibit I. See related City Of Englewood Policies : • # 6 Equal Employment Opportunity/Harassment • #47 Violence In The Workplace Exhibit II Exhibit ill • ARTICLE 3. BULLETIN BOARDS/UNION ACTIVITY A. The City agrees to pro vide space in the fire stati on for Union bulleti n boards that shall be properl y maintained by the Uni on. Thq are to be used for the fo llowing no ti ces : I. Union meetings . 2. Union elections . 3. Reports of Union commi tt ees . 4. Rulings of policies of the Internationa l Union . 5. Re creational or social affairs of the Uni on. B. The Union agrees that there shall be no other general distributill "r posting by the Union or employees upon City property, provided, however, the Director of S.-t ,ty Services may permit other material not provided for above at his/her discretion to be p.i ,,ted or ,1istributed. The material posted shall not contain anything reflecting derogatorily upon th e City, an.~ ofits employees , or any other organi zation of City emplo: ees . The City agrees that du ring workin g hours on City premises and without loss of pay, l ni nn members may be allowed to . att emi Union an d/or management meetings , post Union no uces , solicit Union membership duri.1g employee's non -work time , and one on-duty representative will be allowed to assist an employ(.e on grievances, or appeals , provided advanc e notice is given to the Director and the work load perm its . The City shall provide relief for Unio r_i negotiators who are on l'0,~ during scheduled negotiating sessi ons. ARTIC LE -1 . DUES DEDUCTION A . The City agrees to deduct the Union dues from each bi-weekly paycheck of th ose emplo yees who individually request in writing that such deductions be made, subject to the garn is hment laws of the State of Colorado . The amounts 10 be deducted shall be cert ified 10 the City Director of Human Resources by the Treasurer of the Un ion , and the aggrcg~le de~uctions of all emp :oyees shall be remitted together with an itemized sta1e ment 10 the Treasurer by the 15th of the surceedin 5 month , afte r such deductions are made. The authorization shall be revocable during th e tenn of the Contract, upon a thirty (30) day wrinen notice by the employee 10 the C ity Direc tor of Human Resources . B. It is ex pressly understood that the City assumes no liability and shall not be liable for the collection 0r payment 10 the Union of any dues during any time that an employee is not actually working forthe City and actually on the payroll of the City. In the event of error on the checkofflist, the City will not be responsible to make adjustments, until notified by the Treasucerofthe Un ion . C. The Union shall indemnify and hold the City,hannless against any and all claims, suit , orders or judgment brought or issued against the C:ty as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount 10 be deducted shall be limited 10 two (2) changes each year and provided a thirty (30) day written notice is provided to the City Director of Human Resources . • E. Should the change in the deduction amount o r method require a computer • programming change, the Union shall be responsible for the cost of such change or changes, at S30.00 per hour with a four (4) hour maximum. Payment from the Union shall be made 10 the City Director o f Finance and Adminis1.ra1ive Services within ten (10) days ofre:eipt of billing. • ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express tenns of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures ..nd directives . Said rules, regu lations , policies, procedures and directives wluc h are an alleged violation of this contract shall be subject to the grievance procedure. B. The City agrees to consu lt with the Union concerning the formulation of changes of rules and regulations , policies , procedures and directives. ARTICLE 6. DURATIO N OF CONTRACT A. This contract shall take effect on January 1, 2005 and shall continue in force to and including December 31 , 2006 . It has been agreed upon by both parties that paid time off(Article 11 , Annual Leave, Article 12, Personal Leave , Art icle 13, Short Term Disability, Article 16, Fun eral Leave and Article 18, Holidays) will be discussed by Management and the Union and mutuall y agreed upon changes made during the term 0f this agreement. B. This contract, or any part (Jf it, may be terminated or renegotiated at any time by mutual cons~nt of both parties. C. !fany article or section of this contract should be held invalid by operation oflaw or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this contract shall remain in full force and effect , and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displac e or modify pres ent or future str.tutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the unJerstandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this contract. • ARTICLE 7. HOURS OF WORK A. For tho ,;e employees assigned to shift work, the work schedule shall normally consist of any average ofsevenl)'-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basi s of Berkley system . B. Employees assigned to non-shift work shall normally be sc heduled for an average ofat least fony (40) hours of work in seven (7) consecutive day reoccurring work cycles . C. It is specifically understood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week. D. The schedule may be changed hy the Director of Safety Services provided a minimum nine (9) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMPENSATION A. Forthe period January I, 2005 through June 30'2005, the rate sc hedu le is as shown below . This schedule represents a 1.12% increase over the 2004 rate. For the period July l, 2005 through September 30, 2. )5 an additional I% (ca lcul ated on the 2004 rate) will be granted per the schedule below, but only if the City's revenues meet the projections as described in Appendix B. • An additional I% increase will be grantedpn October l, 2005 for the period Octob er l through December 31 , 2005 but on ly if the City 's revenues meet the projections as described in Appendix B.• Regular Straight Regular Straight Regular Straight Time Time Time Hourly Rate Hourly Rate Hourly Rate l /1/05 to 6/30 /05 7/1/05 to 9130105* I 0/1/05 to 12/31 /05* $13.52 13.65 Fi~efighter (probati onary) $13.39 .fighter Ill $15.24 $15.39 $15.54 Firefighter II $16 .76 $16.93 $17 .10 Firefighter I $18.44 $18.62 $18.80 Firemedic III $17.52 Sl J.69 $17.86 Firemedic II $19.32 $19.:il $19.70 Firemedic I $21.27 $21.48 $21.69 Driver/Operator/Engineer $20 .27 $20.47 S20.67 Lieutenant $22.31 $22.53 $22.75 B. Wages for 2006 will be based upon the 2005 Salary Survey as described in Appendix B. C. The pay rates identi lied in Section A. '.IJ"e calculated to provide l 0% separation between eac h rank from Firefighter Ill through the rnnk of :....ieutenant. The benchmark for this calculation is Firefighter I. FrREMEDICS l. [n add ition to their regular hourly wage rate, qualified employees holding a rank of Firefighter (FF !, FFII , FFIIl) who are assigned and auth0rized by th e Director of Safety Services to perform on a regular basis Fi remedic duties shall receive a 15% w~gc increase over and a bnve the a ffec ted employees' hourly rate , which shall be conside, c-:i pens io nable wages. tO •· • • 2. In addition to their regular hourl y wage rate , qualified employee s holding the po si ti on of Dri ver-Op erator-En gi neer (D -O-E) who maintain a current µaramedi c certification (EMT-P) shall rece ive a 2½% wage increase over and abo ve the affec ted emp loyees' re gular hourl y rat e, which shall be considered pensionable wages. Any D-O -E who is EMT -P certified an d is assi gned as a Firemedic shall receive an hourly ra te for act ual hours wo rked commensurate with the positio n of Fi re medic I. D. The methodolo gy used in determining the hourl y, premium/overtime and annual compensa•.io n is co ntained in Appendix A. E. In addi tion to their regular hourly wage rate, shift fire investigators assigned and authori zed by the Director of Safety Services will receive: • $.41 per hour (whic h shal! be considered pensionable wages) and • shall be eligible for discretionary Merit Pay ofup to $600 eac h year, payable as se t forth in Paragraph E (2). ' F. {I) Each employee ap pointed by the Director of Safety Services to one of the following assignments sha ll be eli gi ble for Merit Pay in an amount determined by the Dire ctor , up to a total of$\,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader Safety Education Tea.~ Leade r or othe r assignments as determined by the Director of Safety Servi ces after consultation with the Union . (2) Such Merit Pay shall ~e awarded in the exercise of the Direc tor's discretion , based upon specific performance criteria deve loped by the Director and made available to employees. Merit Pay shall be determined and paid semi-annually, no later than Jun e I and Dec ember I each year . tt ARTI CLE 9. OV E<.T IME A. Standard Ove nime . I . Upon determ inati on that the reportin g of assigned perso nnel to the dut y shift is below the Ci ty establi shed level , the call to off-dut y personn el fo r ovenime will be made . 2. :--Ion-exempt employe es covered by this contract workin g in posit ion s o:he rthan their actua l rank are co unt ed in acti ng capacity. In the event requ irements m·cess ita te positions be fi ll ed with actua l rank , personnel of said rank wi ll be ord ered in. 3. Non-exempt employees covered by th is contract shall receive ove rtime compensation for work performed over and above the assigned work schedu le. An y ovenime compensation for training shall be pursuant to the provisions of the Fair Labor St an dards Act. All ovenime compe nsat ion sha ll be ca lculat ed at time and one-ha! f ( 1 ½) of the emplo yee's regu lar wage rate. 4. The perso n worki .•g overtime will be paid actua l hours worked for that po sition which he/she fills . Th e :,-ethod used to select Firefighters to work ove n ;_me situa\ions will be contained in p1 , h~edures published by the Director of Safety Seivices The proc edures will provi ;.-.•. fai r and equitable distributio n of oveni me among bargain in g unit em plo yees . The procedure wi ll contai n a select ion process whereby an eli gib le indi vid ual will not forfeit hi s/her position in th e sc .c:c tion process if: less than a twelve - hour block of time is worked; if the employee is sick or on annual leave; or if thi s would require the em plo yee to work seventy-two (72) consec utive hours, or more . Refusal for sickne ss will be accepted only ;''the emplo yee was absent the last duty day 1ue to illn ess or shon term disability leave. Annual leave is the period of time fro m the end of the last da y wo rked unti l the em plo yee returns to duty. However , if an employee is on annual leave , he/she has the option to work on any but his/her own shift. 2. lfno off-d uty personnel wish to wo rk , th e Shift Commander wi ll order in the fi rst person he/she coutac ts following the ~annal rotation . lftite ovenime perso n is not at the assigned stat ion by the beginning of the shift, the person held ove r from the previous shift shall be given ovenime in quaner (¼) hour increment s. 3. !fat any ti me during the shift the absent personnel returns to duty, the officer in charge will relieve the person who came in to work that ovcnime position . The pers on work ing the ovenime will be paid a minimum of tw o (2) hours worktd . If more than rwo (2) hours are worked, hi SJher time will be computed to the nearest ne xt half(1/,) hour. 7. No one otherthan th e Directo r of Safety Servic es, the on-duty Shift Commande r, or ac ting Shift Commander , Union representative , at the reques t of the emp loyee, with the emplo yee and mana ge ment personnel ,res ent. shall have acce ss to or re vie w the ovenime cards . Ar,y pe rson not following ,his po lic y or found tampering with th~ fi k wi ll be subject to di sciplinary action by the Director of Safety Services . 12 • • B. Emergency Overtime. I. Emergency overtime is defined as a multi-alann situation or disaster where more than normal manni,.6 is re quired and must be authorized by the Director of Safety Services . 2. When non-exem pt 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 an<i 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 Ser,ices or the Director's designated representative will be compensated at full pay. The employee becomes eligible for acting position compensation immed iately upon assumption of responsibility of the position . Acting assignments will be made according to the following procedure: Acting D.O.E . First Priority -Eligibility List Second Priority -Personn el with DOE Check Off List Third Priority -Discretion of Shift Commander Acting Lieutenant First Ptiority -Eligibility List Second Priority • Personnel with Lt. Check Off List Third Priority -Discretion of Shift Commander 14 • ARTICLE 11. ANNt,;.a\L LEA VE A. Shift wo rk empl oyees sha ll be enti tled 10 annual leave acco rding 10 the fo ll owing schedu le: Hourly Hourl y Accu mu lat ion Accumulation Annu al Tota l Per Mont h Per Pay Period Hours Shift s 0-4 years co ntinuous serv ice 13 hour s 6 hours 156 6.5 (through 48 months ) 5-9 years co ntinuous service 15 6.92 180 7.5 I 0-14 ye ars continuous serv ice 19 8.77 228 9.5 15-19 years continuous service 2 1 9.69 252 10 .5 20+ years continuous serv ic e 23 10 .6 2 276 11 .5 Annual leav e shall no t be gre nted 10 any emplo yee unt il he/s he has be en in th e empl oy of the City for at leas t six months . B. The maximum acc umul ati on of annual leave shall be two (2) tim es th e emp loyee's norm al annual leave accumulation . C. Me th od of Selection -The se lection for use of annual leave shall be by sen;ority. The first round of se lec tion begins by thos e employees with greatest seniority choosing first and those with less se niority choosing last. To r seco nd round of selection will begin with those having le ss seniority • choos ing first and tho se with more seniority choosing las t. • 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 emplo ye e has sc hedul ed annual leave through the normal method of se lection and is su bs equ entl y transferred to another shift, th e City shall acco mmodate said employee's ori gi nal annual leave se lec tion when not 10 do so would resu lt in fi nancial lo ss due to cancellation of tr- arrangements . E. Annual Leave Pay -The rate of annual leave pay shall be the emplo yee's regular str aight time hourl y rate of pay for the emplo yee's regular jo b and charged on a working hour basis, ex clud ing regular days off. Annual leave shall be allowed onl y to the total ho urly amount accumulated at the beginning of the leave . F. "'1inimum Us age -Th ere shall be a one (I) shift minimum use of annu al leave time fo r sh ift wo rkers with th e fo llo win g exception : If an empl oyee cove red und er this co ntrac t has use d all of the perso nal leave pro vi ded 10 him/h er for the year , the employee may use annu al leave ofless th an one (1) shift as appro ve d and Jut ho ri ze d by the Dire ctor of Sa fety Servic es or the Dir ecto r's designated representative . G. Annual Leave Pay Upon Separation -An y empl oye e who is se para:ed frum the service of the City , i.e., retirement, terminat io n or la yoff, shall be compensated fo r the unused ann ual le ave lime acc umul ated at the time of separation . 15 ARTICLE 12. PERSONAL LEA VE All shift work employees covered by this contract shall be granted ninety-six (96) hours of personal leave wi th pay which an employee is entitled to use for the following purposes : A. Empl oyee'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 pers onal leave, the City will compensate said employee for the unused time at the employee's regula: 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 ofillness/injury in which personal leave is requested, the employee shall notify his/her supervisor at least one (I) hour prior to the employee's scheduled reporting time . Those employees with balances in th e "Comp ensatory Time Bank" as of January I, 2001 may exhaust their balances, but no further transfers into the banks will be allowed . 16 • • • • ARTI CLE 13 . SHORT TERM DISABILITY (STD) A. Definition -Short term dis abili ty is leave granted for non -service connected injury or illness of an empl oyee which di sa bility pre vents the empl oyee from perform ing hi s/h er duties as a City empl oyee. B. Pro vision -During the life of this contract, the City agree s to pro vid e short tenn disabili ty le ave with pay for emplo ye es absent as a result of illnes s/injury at th e rate of one hundred percent (100%) of the employee 's regular wag e up to nine hundred si xty (9 60) working hours, {o ne hundr ed twenty (120) days/forty (40) shifts .} C. Short term disability leave shall not be accumulati ve except that on January l of each year, rh e City sh all rest.or e one hundred percent (100%) of the number of hours/days/shifts used by an e1n ploye e during th e nreceding year up to a maximum of 480 hours , sixty (60) days or tw enty (20) shi ll s. t . Authori zation for short tetm disability leave with pay sh all onl y be granted after the first shifl/day of disability. 2. Authorization for sh 0'.1 term disability shall be granted for the illness or injury of the emi:loyee not service i:onnected, including maternity r~lated disability . (See related Cit y Of Englewood Policy # 31 "Family And Medical Leave Policy" -Exhibit IV) E. Sick Leave Option -All sick leave accrued by employees prior to January l , 1980 , shall vest with the emplo yee , and may be used in the following manner : l . After the hours/days/shifts described abo ve have been us ed, unl es s the emplo yee is entitled to retirement as a resull of dis ability. 2. By cashing in all accrued sick leave accumulated under the previous plan up0n no rmal retirement from the City at the rate of one ( l) hour's pay for each two (2 ) hours of accrued sick leave at the employee's regul ar rate or or.c (I) hour's pay for each four ( 4) hours upon separation from the City. 3. By cashir,g in accrued sick leave under th e pre vious plan, once each year at the con version rate of four (4) hours sick le av e for one (I) hour pay, not to exceed a con ve rsion of more than four hundre d (4 00) hour s each ye ar. F. Report ing of Short Term Disabi lity -The emplo yee or a memb er of the emplo yee 's household shall notify the emplo yee's Sh ift Commander at le as t thirty (30) minut es prior to the emplo yee's scheduled 1eporting time . The employee's Shift Commander may waive th e reporting requirement depending upon the circumstances surrounding the short term disability . 17 G. Verification of Disability • If absence from work is in excess of three (3) consecutive work days/shifts, a m~dical release must be provided by the employee. If the City requires the employee to seek a second op inion, th e City will bePr the cost of the second examination. H. Abuse of Short Term Disability • Abuse of short term disability occurs when an employee misrepresents the actual re ason 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 disabili ty leave shall be subjec i :;i disciplinary action, up to and including termination . 18 • • • • ARTICLE 14. WO 'RS ' CO!vP.'ENSATIOl-i A. F•)r any work reli.ted injury/illness whic h ~.11.s es any emplo yee to be absent from work, the City shall pay employee his/hel" full wages from th e f.:·st day of his/her absence from work up to and including the 90 th calendar day of such absence, less wh atever sums received by the employee as disability benefits under Wcrkers ' Compensation . Toe City reserves the right to require any employee on inj•u-y or disability leaw to submit to an examimtions by City-appointed physicians at tJ-.e City's expense or under the provision of worke1s' compensations or the retirement/pension provision as provided under State statute. B. All injuries that occur during working h01.as shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or be \ore the employee leaves their departme nt of employment unless circumstances beyond the control of the employee wou ld not permit. 19 ARTICLE 1:5 . MJLITARY LFAVE Military Leave will be granted per the City of Englewooµ Administrative Policy Manual. #3 5 "Military Leave Policy" -Exhibit V. 20 • • • ARTICLE 16. FUNERAL LEAVE The Director ofSRfety Services 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 sh a 1 be at least one (I) day/shift and in no event shall they exceed three (3) of the emplllyee 's regularly assigned days/shifts . Forthepwposes of this section "employee's family'' shall mean the employee's spouse, or the children, grandchildren, pmnts, grandparents, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City . 21 ART!Cl E '7. JURY DUTY AND WITNESS SERVICE Lea•·e may be granted to an employee for serving on jury duty or as a witness in his/her official capacity in obedience to a subpoena or direction by lega l authority . He/she shall be entitled 10 the differen<;e between his/her regu lar compensation and the fees received for jury duty or as a witness . When he/she is subpoenaed as a witness 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. See City Of Englewood Admini s rative Policy Manual, #34 "Jury Duty And Witaess Service" -Exhibit VI. 22 • • • • ARf!CLE 18 . HOLIDAYS A. (I) Shift work emplo yee s covered by this contract will be eligible for seventy-two (72) hours of holiday time-off or pay. (2) The paym ent for holidays will be made in November of each year based on the employee's regular straight time hourly wage rate . Employees must notify the Department by October l of each year, of their intention ofreceiving holiday pay in lieu of time off. (3) Holiday pay for terminating and new hire employees will be determined on a monthly pro rata basis . (Example: If an employee retires on June 30, 1989, the employee is eligible on a monthly pro rata basi s for six (6) months or one-half I½) of the seventy-two (72) hours holiday bene fit.) B. Forty ( 40) hour employees will not be eligible to receive a holiday pay cashout, but shall receiv e the days off on the eleven (11) 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 .n less otherwise approved by the Director of Safety Services . A shift work employee who is assigned to a forty ( 40) hour assignment durin g 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 ARTICLE 19. VOTING LEAVE Voting Leave will be granted per the City Of Englewood Administrative Policy Manual, #39 "Voting Leave" -Exhibit Vll. 24 • • • • ARTICLE 20 . TRADING Tll\.1E A. Employees may be pennined to secure another Firefighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Commander. The emp loyee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee . Any request fo r substitutes shall be signed by both Firefighters and approval of the Shift Commande r shall also be in writing . B. Trading time shall be governed by '!\e 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 op~rations . 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting emplo yee with the reason for denial of the request. 2l ARTICLE 21. UNPAID LEA YES OF ABSENCE Un paid leaves of absence may be granted per the Citv OfEnglewoc , Administrative Policy Manual . #3 8 "Unpaid Leave of Absence" • Exhibit VIII. 26 • • • ARTICLE 22. UNIFORMS A. ( 1) If an employee is required to wear a uniform and/or safety equipm ent , the employee shall wear the uniform and/or safety equipment onl · as authorized or required by the di vision work rules . All employees shall maintain a pre se ntable appearance whil e on du ty. The employee is respon sible for any damage to the uniform or safety equipment by negligence or delib erate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Divis ion on a replac ement basis will bear the cost ofreplacement uniforms . The new replacement uniform will meet or exceed recogni zed industry standards . B The Di vision will authorize and require specific shoes and will provide a footwear rei mbursem ent offiftypercent (50 %) of the cost of authori zed footwear up to a maximum of$130.00 per year . C. Phys ical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire Department foremµloyees engaged in the Division 's physical fitness program . The above clothing will be provided according to an as-needed basi s, determined by the Director of Safety Services . D. Cleaning -The City will be responsible for providinp, cleaning for all uniforms and/or safety equipment. 27 ARTICLE 23. MILEAGE REIMBURSEMENT A Firefighter who is specifically authorized by the Director of Safety Services to operate his/her personally owned automobile in conduct of City business shall be paid mileage in accordance with the City of Englewood Administrative Policy Manual. #49, "Travel Reimbursement". 28 • • • ARTICLE 24. CNSURANCE A. MEDICAL The City will pay eighty-five (85 %) of the premium cost for single and dependent coverage for medical insurance. Employees will pay fifteen perc ent (15%) of the prem ium cost for si ng le and dependent coverage for medical insurance . B. DENTAL The Ctywill pay eighty-five percent (85 %) of the premium cost for single and dependent coverage for dental insurance . Employees will pay fifteen percent (15%) of the premium cost for single and dependent coverage for dental insurance . C. It is understood and agreed that should the premium costs for either of the City's insurances be reduced during the life of this contract, the City and employees will equall y share in the premium rate reduction . D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-griev able item under this contract. 29 ARTICLE 25 . LIFE INSURANCE Tenn life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary. The minimum benefit is $3 5,000 and the maximum benefit is $50 ,000 . Upon retirement , the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her retirement. 30 • • ARTICLE 26. RETIREE HEAL TH INSURANCE REIMBURSEMENT • • The City agrees to allow retirees and fulllrc retire es a conversion J lege to lhe health insurancr conversion plan available through the City. For employees who 1etired on or before December 3 I, 1995, the City agrees 10 pay filly percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up lo a maximum of $75.00 per month for the employee and including the employee's dependents . For empl oyees who retired on or after January I, 1996, lhe City agrees to pay filly percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up lo a-maximum ofSI00.00 per month . II is the intention of the City 10 phase out this provision . 31 ARTICLE 27 . LAYOFF Whenever there is la ck of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, th( 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 ofhi,;Jher relative length and quality of set :.ce as shown by the personnel records . Employees on layoff shall be recalled in the order of seniority provided that those racalled 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 termin ate after eighteen (I 8) months. 32 • • • • • • ARTICLE 28. TUITION REIMBURSEMENT Tuition will be reimbursed per thr City of Englewood Administrative Policy Manual , #29 "Tuition Reimbursement/Degree Achievement Recognition" -Exhibit IX . 33 ARTICLE 29 . SETTLEME NT OF DISP UTES A grievance is defined as an all eged vio lation of a specific provision of this c,; ,tract. The emp loyee and the Associatio n sha ll be required to fo ll ow the procedure as se( out below : ~ If an employee is unable to settle the grievance or dispute orally and informall y throu gh hi s/her shift commander within five (5) working days of t~.e date of the occurrence of the grie van ce, or the emp loyee's knowledge ofit, the employee '.llay, within the succeeding five (5) work days, file a written grievance with his/her supervisor. The shift commander shall attempt lo adj ust the matter and shall respond in wri ting to the employee within five (5) wo rk days . If the answer is not satisfactory, the matter shall be presented in writing by the emplo yee to the Division Chief witl1in five (5) work da.ys following receipt of the Shift Comn1ander's resi,onse . The Division Chief sha ll respond in writing to the employee within five (5) work days. U-the answer is not satisfactory, the matter shall be presented in writing by the emp loyee to the Director of Safety Services and the Human Res ources Director within five (5) work days following receipt of the Division Chiers response . The Director of Safety Services and the Human Resources Director will meet, investigate, and discuss the grie vance . The Director of Safety Services sl all respond • in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing wi thin five (5) work days following receipt of the response of the Director of Safety Services . The City Manager or his/her designated representative shall respond in writing within ten (10) workdays . ~ if the grievance is still unsettled, the Association, within ten ( I 0) work days after receipt of the answer by the City Manager or his/her designated representative, may by wri tten notice reque st the matter be submitted to either mediation or arbitration. (a) Mediation. (I) If mediation is res ue sted, the parties will attempt to mutually agree upon a mediator. If withi n five (5) days of the request for mediation the Association and the City cannot mutuall y agree on the mediator, a request will be filed with the American Arb itration Association for a panel of seven (7) mediators to be sent to the pmies. 34 • • • • (2) The medi ator will be selected by a method of alt ernati ve strikir. ~ of name s fro m t~.: panel , with the fir st strike determined by a co in Otp . The final name left on the panel will be the mediator. The mediator will co nvene a meeting of the panies as soon as po ss ible and attempt to develop a se nlemcnt of the griev ance wh ich is acce ptable to both panies . Any such se ttlement will be in writin g and will be dated and signed by representati ves of the Ass ociation and the City and by the mediator. The terms of any such settlement wi ll be implemented by both panie s. If a se ttl ement is not reached through the mediation proc es s, the media tor wi ll notify both pani es in writing that th e mediati on proce ss has co ncluded . Such notice concludes the grievance procedure . (3) The fees of the mediator shall be borne equa ll y by the Asso cia tion and the City . (b) t Jbitration. (lj If th e Association reque.;ts arbitration . the panies will attempt to choose a mutually agre ea ble arbitrator. If within fi ve days of the request fo r arbitra tion the Association and the City cannot mutu all y agree on an impanial arbitrator, a request will be filed with the American Arbitration Assoc iation for a panel of seven arbitrators to be sent to the panies . The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin fiip. The final nam e left on the panel shall be the arbitrator. The arbitrator shall be reques 'ed to issue a decision within thirty (30) days after conclusion of testimony and argumen• .. (2) Each party shall be responsil 'e for compensation to its own ;epresentatives an d witnesses. The fees of the arbitrator shall be borne equally by the A,sociation and the City. (3) If either party desires a verbatim record of the proceedings , it may cause such a record to be made, pro vi ded it pays for the record and makes a copy available to the arbitrat or. If the other party wishes to have a cop y of the transcript it shall share all cos ts for the transcript. Authoritv 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 final and binding upon the panies . The arb itrator shall limit his decis,J n strictl y to the grie vance submitted which has be en properl y processed through the grievance procedure outlined. Time Limits Failure by an emplo ye e to comply with an y time limitation shall co nstitute a sett lement of the grievance . Should the emplo ye r not respond within the prescribed time , the gri ev ance will au tom atically proceed to the next ste~ . 35 Grievance Option It is agreed that shou ld the appeal pro cedure as pr•Jvided under 138 :3 of the C:ity Chaner or applicable ordinance provisions be utili zed , recourse to th e grievance proc ed ure included in this Anicl e shall be wai ved . Processi ng Grievance During Work Hours Grievances may be investigated and proce ssed by th e empl oyee during wo rking hours within reasonable time limits wi thout lo ss of pay provided not ice is given and the work lo ad permits. The employee shall be a llowed to attend hearings wh ile on duty. Oral and Written Corrective Ac tion Oral Correcti ve Action --Whenever gmunds for co rrective action exist and the sup ervisor determines that the incident, action or behavior of th e employee is su ch that more se ve re action is not immediately necessary, the supervisor should orally communicate to the em plo yee the supervisor's observation of the problem and offer assis tance in correcting the situation. When an oral correcti \'e action is given, the supervisor should ensure that the supervisor's log is documented to show date of the co rrective 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 • vi olation ; the specific behavior and the dates of the behavior (when appropriate) th at sup port the charge; • the warning that continuance o f this beha,·i or will result in disciplinary action; and an offer of assistance in co rr ec ting the behavior. A signed copy of the co rrective action by the supervisor shall be included in the em pl oyee's official personnel file in the Human Resources Department , and the employee shall have th e opporrunity 10 submit written comments in response 10 th e corrective action to be included in the fi le . lf an employee di sagrees wi th the 1uter of corrective action , the employee, wi th in seven (7) calendar days, may request a re vie w o f the written corrective acti r hy the Human Resources Director . 36 • • ARTICLE 30. SUPPLIES A. The City will provide and ~aintain supplies and equipment for the 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.). B. The provisions of this Article will be under the control of the DirectorofSafety Services . Individual abuse to be dealt with on an individual basis . • • 37 ARTICLE 31 . DRUG TESTING AND PHYSICAL FITNESS Drug testi -g and physical fitness are pennissive subjects of negotiations . The City agrees consistent with Article 5 of the Collective Bargaining Agreement to cons ult 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 fun•.•e. 38 • • • • • ARTICLE 32 . DEA TH AND DISABILITY ASSESSMENT For firefighters hired on or after January 1, 1997, the contribution required by § 31-31 -81 1 ( 4), C.R.S ., shall be assessed equally against the City and such firefighte r so that .Sfty percent (50%) of the contribution required by the state shall be assessed against the firefighter and fifty percent (50%) shall be assessed against the City . 39 ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire conrract between the parties and supersede all previous communications , representations or agreements, either verbal or written, between the parties with resp ect to the subject matter herein . The City and the Union agree th at all negotiable items have been discussed during the negotiations leading to this contract and, therefore , agree that negotiations will not be reopened on any item during the life of this contract , except by mutual 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~ 2004 at Englewood, ( 1lorado . ENGLEWOOD FIRE FIGHTERS LOCAL # 173 6 , 40 CITY OF ENGLEWOOD Mayor Attest: City Clerk City Manager • • • Appendix A Computation of Firefighter Pay • Three shifts (A . B. and Cl provide 365 davs of fire coverage 24 hours a dav. for a total of ~760 hours per ve ar. 8760 hours per year / 3 shifts= 2920 hours per shift per year. 365 days per year I 9-day cycles = 40.55 9-d ay shifts pe r year. 2920 hours per shift per year / 40.55 9-day cycles pe r yea r = 72 hour s per shift FLSA law states that 68 hours in a 9-day cycle for fi refigh ters are to be paid at stra ight ti me and all excess hours acrually worked in a 9-day cycle are to be pai d at time and one-half. Englewood firefighters are scheduled co work 7 2 hours in a 9-day cycle. The City pay s straight time co all firefighters for the first 68 hours of their assigned 72 hour work schedule every 9-day cycle. Hours worked between 68 and 72 in the assigned work schedule are paid at the premium race (time and one-half.) If approved leave is used during the 9-day cyc le. those hours are deducted fro m the Tl hours an£! premium pay is not paid if the total hours acrually worked drop below 68 . EXCEPTION: In addition. the City pays time and 011e-/1alffor hours over and above the assigned work sch e d11/e hours in a 9-day cycle regardless of any approved, paid leave used during the 9-day cycle. Per 9-dav cvc le pav cal cu lation (using hourly rate for 2002 Firefighter I) • 72 (straight time) Re gulat hours Premium hours 4 (ha lf-time portion of time and one-half (ho urs x hourly rate x .5)) n hours @ 17.4 5 = 4 hours@/7.45 x .5 = /256.40 34.90 1291.30 (74 hours pay (72 + (4 x .5)) fo r 7:! hours worked) Th e above meth od of calcu lat io n provides the same results as the method stated in FLSA as follows: 68 (straight time) Regular hours Premium hours 4 (time and one-half (hours x hourly rate x 1.5)) 68 hours @ 17.45 = 4 ho urs@ /i.45 x I .5 = i/86.60 104.70 129 I .30 (74 ho .,rs pay (68 + {4 x 1.5)) for 72 hours wo rked) All co moensation is based upon the ho url v ra te . Annual rate= hourly rate x 2920 hours. Monthl y ra te= (hourly rate x 2920 hours)/12. Bi-weekly rate = (hourly rate x 2920 hours )/26. Additio nal pav to be includ ed in overt ime calc ulation . • Meri t pay fo r arson investigatio n, including discretionary amounts, and merit pay for the positions of Hazardous Ylaterials Teatn Leader/Instructor. Technical Rescue Team Lead er, and Safe ry Education T earn Leader is also subject to ove rt ime calculation. Cre,ied on 06,25 /2 002 -l :-19 PM Appe11dix B To the EFFA 2005-6 Collective Bargai11i11g Agree111e11t "Revenue Based Wage Method of Calculation" This co ncept was introduced by the EFF A during [nterest Based Bargaining in 1004. h is intended to a ll ow the City the flexibilit y 10 make wage adjustmems based on meeting projected re\'enues .. .\nother goal is to offer competitive wages. based on the me •!ian wage of our comparables, 10 EFFA emplo yees, without increasing their wages as" percentage of "befo re non-discretio nary" expenditures. Should City revenues not provide the ability to grant a wage increase 10 me et the median wage then the EFFA will accept those circumstances to allow the City to preserve its budget commitments, and instead ask for only a CPI-W or some les ser adjustment. Met hodolo gy 2005 Wages I . A 1.12% (2003 Denver/Boulder/Greeley CPI-W) incre.:.se will be granted to all EFF.-\ employees on January l , 2005, which will remain in effect for the life of this contract. 2 . Subject 10 the provisions of#3 below, an additional 1% increase (calculated on 2004 wages) will be granted to a ll EFF A employees on Jul y 1, 200 5, which will remain in effect fo r the life of this contract. 3. No increase will be granted on July 1, 2005 unless the Ci ty's total General Fund revenues for the period ending June 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund re venues collected for the period ending June 30, 2004. 4. Subject 10 the provisions of #5 below, an additional 1% increase (calculated on 2004 wages) will be granted 10 all EFF A emp loyees on October l , 2005, which will remain in effect for the life of this contract. 5. No increase w ill be granted on October 1, 1005 unless the City 's tot a l General Fund re ve nu es for the period ending September 30, 2005 meet or exceed by 1.8 ¾ the 2004 total General Fund revenues co llected for the period ending September 30, 2004 . Metho dolo gy 2006 Wages 1. The ·'market median" will be based upon the 2006 median wage of the top grade Firefighters at: Aurora, Boulder, Denve r, Glendale, Littleton, South Metro, West Metro and Westminster. The surve y will be cosducted in the 4th quaner of 2005 by the Human Resources Depanmem, with the concurrence of the EFFA . Th e City and the EFFA w'11 meet by November 1, 2005 to approve the survey ana finalize the salary table for 2006, subject to #2 through #7 below . 2. Using the "City of Englewood, General Fund Re venue, Expenditure and Fund • • Balance" repon, if the total General Fund revenue collections are 1.8% higher for • cal endar ye ar 2005 over calendar year 2004, on January I , 2006 th~ City will grant ½ of the percentage increase necessary for the EFFA employees lo reach the market median . 3. If the 2005 total General Fund revenues are not at least 1.8% higher than 2004 total General Fund revenues, the increase in #2 will not be granted. 4. On July I, 2006, if total General Fund revenue collections at June 30, 2006 meet or exceed June 30, 2005 General Fund revenue collections by 2.3%, ½ of the percentage increase necessary to reach median will be granted. 5. If the total General Fund revenues through June 30, 2006 do not meet or exceed June 30 2005 total General Fund revenues by 2.3%, no increase will be granted on Ju ly I, 2006 . 6. By August I, 2006, if the increase in #5 is not granted, an upward adjustment of ¼ of the percentage increase necessary to reach median (as showr: in the 2005 salary survey) will be, !;l'llllted retr->active to January I, 2006. 7. If the year to date General Fund revenue collection numbers are not available during the pay periods which include January I and July I, wage increases, if applicable, will be granted retroactively to those dates. ii ARTICLE XV . ENGLEWOOD EMPLOYEE RELATIONS AND '-, .._,, SERVICE SYSTEM ACT-1981 137:1 Statement of policy; labor relations. It is the public policy of the people of the City of Englewood to promote harmonious, peacef ul and cooperative re lationships between the elected and appointed offici als of the City and the members of the classified service and to protect the pu blic by assuring , at all times, responsible, orderly, and uninterrupted operation of government services and wh ere necessary, to provide for and regulate such matters of local concern . Since unresolved disputes in the public service are injurious to the public, and to the gove rnment of the City of Englewood, and City employees , there is hereby provided, for full-time classified employees in an appropriate bargaining unit, the right to bargain collectively concerning certain subjects with the City as employer through a certified employee organization and a method for resolving impasses in such bargaining, as hereinafter provided. The establishment of this method of resolving such impasse shall be deemed to be a recognition of the propriety of providing an alternative mode of settling disputes where public employees , as a matter of public policy, and in recogn ition of the desirability of maintaining a balance in the labor management relat ionship_. must be denied the right to strike . 137 :2 Deilnlti ons. As utilized in this Article of the Charter, the following definitions shall be observed : (a) "Appointi ng Authority". The Appointing Authority is the City Manager. (b) 'Permanent". A full -time classified employee who has successfuiiy completed a probationary period in a class ified position after orig in al appointmen t or promotion by the appointing authority. A permanent emp loyee is subject to the protection of the Career Service System . (c) "Classified Service ". All full -time permanent classified positions that are included within the Gamer Service System. (d) 'Employer or City Employer''. The Mayor, and members of the City Council , City Manager and his or her designees for purposes of collective bargaining. (e) "Contractual Employment". Employment relationship not a part of the Cc:reer Service System for a set per iod of time for special projects or programs or for other managerial and professional assistance . (f) "Confidential Employee ". An employee who is privy to decisi1Jns or who has access to information of City management affecting employee relations or whose functional responsib ili ties or knowleage of the City affa irs ma kes membersh ips or participation in the affairs of an employee organization incompatible or inconsistent with • t he official duties of emplo yment. For purposes <lf this defin ition it is conclusively • • • presumed that any ind iv idu al em ploy ee in the City Manager's office or in the Employee Re la tio ns Depa rtm ent or in the City Attcrney's office is a confiden tial employe e. (g) "C0nfide ntial Secre ta ry". One person in the office of each department, board or comrr !ss io n and City Coun cil as designated by the City Manager. (h ) "Mana geria l Emplo yee". Th e City Manager, department heads and ass istant depart ment heads . (i) "S uperv isor". An individua l having th e authority , consistent with other provisions of this Art icle , in the interest ,)f the employer to hire , fi re , transfer, suspend , lay-off, recall , promote , discharge, ass ign, reward, discipline or evaluate other employees , or to adjust their grievances , or effectively to recommend any of the foregoing if, in connection with the foregoing , the exercise of such authority is not of a merely routine or cl erical nature , but, rather, requires the use of independent judgment, provided , however, that i11div iduals holding the position of lieutenant, or a functionally equivalent position, in th e fire department shall not be considered supervisors as defined or used in this article , regardless of their duties or authority . 0) 'City Rights ". The City shall have, in addition to all powers , duties and rights established by constitutional provision, statute, ordinance, charter or special act , the exclusive power, duty and rights to: (i) Detenmine the overall mission of the City as a unit of government. (ii) To maintain and improve the effic iency and effectiveness of City operations . (iii) To determine the services to bP. renriered, the operation~, to be performed, the technology to be utilized, or the ma t',rs to be budgeted . (iv) To determine the ove rall methods, processes, means, job classifications or personnel by wh ich City operations are to be conducted. (v) To direct, supervise, hire , promote , transfer, assign , schedule, retain or lay-off emµloye es . (vi) To suspend, discipli ne , discharge , and demote for cause , all full-time permanent classified employees. (vi i) To relieve employees from duties because of lack of wo rk or funds , or under co nditions where the City determines continued work would be inefficient or nonproductive . (viii) To take w hatever other actions may be ne ces sary to ca rry out the wishes of th e pu blic not otherwise specified he rein or li mited by a colle ctiv e bargaining agreem ent. (ix) To ta ke an y and all act ion s to ca ,ry out the mission of the Cit y in cases of emergency . (x) Nothing co nt ai ned here in sh all pre clu de the City fro m co nferring with its emp loyees fo r the pu rpose of developing po li cies to effectuate or im plem e nt any of the abo ve -enumerated rights . All powers, duties and rights as enumerated abo ve shall be within the exclusive righ t of the City except as limited or modifi ed by a collective bargaining agreement. (k) "Employee Rights". A full-time classified employee who is not a co nfidential employee, a managerial employee, or a su pervisor shall have the rig ht: (i) To form, join , support or participate in, or to re frain from forming , joining, supporting, or participating in any emp ,oyee organization or its lawful activities ; and (ii) To bargain collectively through their certified employee representati ve. (iii) No employee shall be interfered with, restrained , coerced or discriminated against because of t he exercise of these rights nor shall the right of an individual • employee to discuss employment concerns with the City be infringed upon . (I) "Appropriate Emplo ·1·ee Bargain ing Unit (or Appropriate Bargaining Unit)". An employee unit designated by the City to be appropriate for the purpose of collective bargaining. In determining the appropriate ba rga ining unit the City shall ha ve no authority to include any employee other than a full-time classified employee . A full-time classified employee may be considered for inclusion in the appropriate bargain ing unit exc ept: (i) Any elected official or person appointed to fill a vacant elected position , or any board or commission membe r or judge, or person appo inted to a pos ition by City Council. (i i) City Manager, ass istants to the City Manager and emplo ye es of the City Manage~s office, department heads, City Attorney and employees of the City Attorney's office and confidential secretaries . (iii) Managerial and supervisory emplo yees . (i v) Confidential emplo yees . (v) Any part-time, te mp orary or co r.trac tual emi:,lo yee . • • • • (v i ) Any employee hired for sp ecial projec ts or program s or through the use of outside funding sources . (m ) "Employee Organization". Means any lawful organization which has as one of its primary purposes representing full-t ime class ified emplo yees in their employment relat io n with the City; pro vided , however, that said organization has no restri ction on membe rs hip based on age, race, color, creed , se x, handi ca p, or national origin . (n) "Certified '":•nrloyee Organization (or Certified Employee Representative)". An employee organ12 ~tion that has been certified by the City as represent ing the employees in an appropriate bargaining unit as a result of obtaining a majority vote in the appropriate unit pursuant to a City conducted election. No organization shall be eligible to be the certified employee organization if it admits to membership or is directly affiliated with an organization that admits to membership persons who are supervisors or who act in a supervisory capacity with respect to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to police officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other organizations who admit such other employees to membership , so long as the certified employee organization remains locally autonomous. ( o) "Exclusive Recognition of an Employee Organization". The certification of an employee organization by the City that th e organization shall represent all employees in an appropriate unit as determined by th e City for the purpose of collective bargaining . (p) "Strike". Concerted activity resulting in failure to report to duty, or the absence from one's position , or the stoppage of work. (q) "Classified Employee". A certified employee appointed to an allocated position within the classified system. The Council may adopt additional appropriate definitions to effectuate the policies of this Article of the Charter. (Amended 11-?-1gg5; 11-2-1999) 137 :3 Bargaining Rights. Only full-time classified employees in an appropriate bargaining unit have the right to bargai~ collectively with the City through their certified employee representative towards securing a collective bargaining agreement. Only an employee organization that has been certified by the City shall be entitled to engage in collective bargaining with the City . In certifying an employee organization as representing the employees in an appropriate bargaining unit, the City or the designated hearing officer shall consider (in addition to any other requirement as set forth herein) the following factors : (a) The unit tha t will ins ure employees the fulles t freedo m and the exe rcise of rights granted unde r this Arti cl e . • (b) The co mmunity of int erest of the empl oyees. (c) The history of the employee relat io ns in the uni t , among othe r employees of the City , an d in si milar public emplo yment. (d ) The effec t of the Lmit on the efficie nt ope rat ion of the public service and sound employee relations. (e) The effe ct on the existing cl ass ificatio n struct ure of divid ing a single classificatio n among two or more units . (Amended 11-7-1995) 137 :4 Terms of the collective bargaining agreement. The obligation to meet at reasonable tin ,.,s and negotiate in good fait h sha ll commence on or prior to May 15 of an.· applicabl e year in which the Bargaining Agreement expires or in which collective bargaining is otherwise proper. The Collective Bargainin g Agreement between the City and the cert ifi ed bargaining representative shall cons is t of any and all te rms actually agreed upon by parties , which ter;ns are not otherwise inconsistent with the Ordinances or Charter of the City . The Collective Barga ining Agreement shall be for a term of not less than one (1) year nor more than three (3) • years, provided that all Collective Bargaining Agreements entered into sha ll be effective on a January 1 date and shall terminate on a December 31 date . 137 :5 Subjects for collective bargaining . (a) Mandatory Subjects. The City and the certified emp loyee representati ve sha ll ha ve the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: wages, hours , vacation, insurance (contribution levels and levels of benefits on ly), holidays , admin istrative leave . personal leave , military lea ve , disability leave , funeral leave, dues deduction , grieva nce resolution procedure (including co sts and expenses associated therewith), non-State or Federally regulated or mandated pension or retirement provisions (contribution levels only), over-time pay formu las . wo rk uniform pro vis ions , acting pay, longevity , trans fer procedure , procedures for suspension , demotion and discharge , and education incenti ve s. That the maintenance of benefits shall also be considered a mandatory subject under thi s Section fo r the period covering up to and including December 31, 1984 , after which it will become a pe rmissive subject. (b) No n-Negotiable Subjects. The following subjects shall be excl uded from collective bargain ing as nor.-negotiable subjects of bargaining : an y subject pre-empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension prov isions ; admi nistratio n of in su rance programs, selection of insurance carrier • • • incl uding se lf-insurance ; matters de legated byC harter to any board or co mmi ss ion of the City: al l matters relating to clas sificatio n, recru itm ent , hi ring, exa min atio n and certifica ti on of appoi ntment to a position and appeals based the reupon: rromotio ns out of the ba rga in ing unit. (c) Permissive Subjects . Col lective bargaining upon any othe r subjec t (i.e., not mand atory or non-nego tiab le ) is pe rmissive and ma y be co ndu cted if mutua ll y ag reed to by the pa rt ie s. (A mended 11 -7-1 995) 137 :6 lmp a se resolution . (a) Impa sse. In th e eve nt the parties are unable to reac h agreement o n al l mandatory subjects to be co ntained in the collective bargaining agreement on or before July 1 of the year in wh ich the partie s have met 1nd bargain ed over these subjects , impasse shall be declared. Each party shall submit to the City Clerk a statement which conta ins that party's final offer regarding any mandatory economic subject upon which the part ie s are at impasse . The statement shall be submitted by each party no later than 5:00 p.m. on J uly 1. If July 1 falls on a Saturday or Sund~y the period is shortened to and ends on the prior bus iness day which is not a Saturday , Sunday or legal holiday. (b) Appo in tment of Arbitrator. The City Manaqer and 1he employee organiza !ion will jointly present to the City Council on or before July 10 the names of three arbitrator~ who ha ve experience in labor relations matters and interest arbitration . From that list of three, the City Council will appoint one arbitrator whom it authorizes to conduct hearings and make a decision on the final offer to be implemented . The arbitrator shall be appointed no later than July 30. Prior to the commencement of hearings, the arbitrator shall sign an oath to uphold the terms of the Charter. (c) Heari ngs . The arbitrator shall hold hearings on the ~a rties' final offer on mandatory economic subjects only . The arbitrator shall set the date of hearing and shall give at least ten (10) days notice in wr itin g to the part ie s of the time and place of such hearing . The arbitrator shall have po wer to admin ister oaths and to require by subpoena the attendance and testimon y of witnesses , and the production of books, records and other ev idence relat ing to or pertinent to the issues presented to the arbitrator for determination . The arb itrator shall have the right to determine wh ether any proposal or demand is a mandatory economic subject for bargaining wi thin the meaning of Sectio n 137 :S(a) of this Charter. The hea ring conducted by the arbitrator shall be concluded with in seven (7) days of the ti me of co mmenceme nt. Wi thin five (5) days following the conclusion of the hearing, the parties ma y, if they de em ne cessary, submit written briefs to the arbitrator. Within fifteen (15) days of the receipt of such briefs or the conc lusion of the hearing , whicheve r is applicable , the arbitrator shall make written fi ndings an d decide whether the final offer of the City or the final offer of the certified employee organization on the total package of • outstanding mandatory eco nomic subjects in dispute shall be implemented . A co py of the arbitrator's findings and decision shall be mailed or othe Mise de livered to the certified employee organ iza t io n an d th e Ci ty Ma nager . • (d) Rec ord of Hearings . The hearings conducted by the arb itrato r shall be reco rded . Any pa rty ma y request an official stenographic reco rd of the te stimon y at the hea ring . The party req uesti ng shall pay the cos t of such trans cr ipt. If the other pa rt y reques ts a copy of the trans cri pt or if t he arbitra tor requests a trans cr ipt , bo th parties shal l share the enti re cos t of making the stenog raphic reco rd. (e) St anda rds for Decision . The fo llowing facto rs must be co nsidered by the arbitrator in arri ving at a decisio n: (1) The interest and wel fare of the public and the financia l ability of the City to bear the costs invo lved ; (2) The lawful authority of the City ; (3 ) St ipulations of the parties; (4) Comparison of the wages, hours. benefits and other terms or co nai tio ns of employment of the employees invo lved with other employees performing similar services in public employment in comparable Colorado commt:nities ; (5) The cost of living ; (JJ The overall compensation pres ently recei ved by the employees including direct wage compensation; vacatio n, holidays and other excuse d time; insurance and pension; medical and hospitalization ben efi ts; the continuity and stability of employm ent; and all other benefits received . (f) Final Offer Procedure. The arbitrator shall choose either the City's total final offer on all outstanding mandatory economic subjects or the employee organization's total final offe r an all outstanding manda tory economic subjects as coniained in each party's statement of final offer as required in Section (a) and shall state the reas o ns for choosing such final offer. (g) Time Limits . The ti me limits fo r conduc ti ng the hearing and for an y action by the arbitrator speci fied in this Chapter may be waive d by mutual con sent of the part ies as lo ng as the arb itrato r's decisio n is rende red two we eks after the budget is submitted to City Council by the City Manager. (h ) Fees and Exp enses of Arbitration . One-h alf of the necessa ry fees and necessary exp enses of arbi trat ion (excl ud ing all fees and expenses inc urred by eith er party in the preparation or presentation of its case ) shall be borne by the Cit:, and one-half shall be borne by the employee orga nization . • • • • • (i) Finality of the Arbi trato ~s Decis io n. (1) Except as prov ided in this Sect ion , the decis ion of the arbitrator shall be fina l and binding o n the emp lo yee organizatio n and the Ci ty. No•l1ing he rein shall proh ibit th e part ies fro m ag ree in g to terms diffe rent from the dec isio n of the arb itr ator as lon g as such ag ree ments are made withi n the fi fteen (15 ) days after rece ipt of the arbitrator's decisio n. (2 ) The arbitrato r's decis ion shal l be subject to Court re view pursu ant to th e terms of t his Se ct ion. Any party des iring Co urt re view must file suit in the Di st rict Court no later than thirty (3 0) da ys after the date of the arbitrator's deci sion . Failure of eit her party to file suit wi thin th irt y (30 ) da ys sh all be a waiver of that party's right to appeal the decision. The District Court shall affi rm the arbi trato r's award unles s it determines : (a) The award was pro cured by co rrupt ion , fraud , or oth e r undu e means ; (b ) The decision is arb itrary , capric io us , or unreas ona ble because there is no competent evidence in the record to support the decision ; or (c) The decision was reached wi thout considering the factors li sted in paragraph (e) above . (3) If the Court determines that the award was procured by corruption . fraud , or other undue means, the entire award shall be vacated and the matter shall be remanded back to be heard by a different arbitrator selected pursuant to the terms of this Section. If the Court determines that the arb itrator's dec ision is arbitrary, ca pr icious or unreasonable , or was reached without co ns idering the factors listed in paragraph (e) above , the Court shall remand the iss ue to the arbitrator with instructions to take new evidence if necessary and to issue a decision in conformity with the provisions of th is Section . (4) Each party shall be respons ible for its own coGt s and fees in con ne cti on with any appeal to the Dis tric t Court . (A1'1ended 11-5-199 1; 11-7-1995) 137 :7 Strikes prohibited. (a) T he protection of the publ ic he ~'th, safety and we lfare demand s tha t ne it11 er th~ ce rt ifi ed employee organization, nor an / emplo yee organizati o n nor any emp loye e:s of th e City, nor any person acting in co ncert wit h them , wi ll cause , sanction, ::,, take part i n an y strike . (b ) In the event a ce rtified employee rep res entative eng ages in any condu ct which fal ls within the defin ;tio n of "st rik e", herein , suc h vio la tio n shall be cause fo r the City to term inate the CJll ective bargaining agreement wi th said certified emplo yee representative and/or w ithdrawal of recogn ition of the certified emplo ye e rep rese ntat iv e upon gi vi ng written no ti ce to that effect to the chief repre sentati ve of said certifie d empl oy ee rep resentative or emplo yee organ iza tio n, in add itio n to whateve r ot her remedies may be avail ab le to the Ci ty at law or in eq uity. • (c) In th e event an emp loye e or emp loy ees engage in any condu ct wh ich fall s wit hin the defini ti on of "strike", here in, such viol atio n shall co nst itu te ju st cause for th e imm ed iate discharge of said empl oy ee, in add iti on to whateve r other remed ie s may be av ailable to the City at law o r in equi ty. The City sh all not be re quired to pa y any em ployee any po rt io n of his/her sal ary or fri nge bcefits wh il e engag ing in activity in viola ti on of sa id section . It is expressly rec ognized that the Ci ty has the right to sel ec tivel y dis ci pline , up to and including dis charge, an y emplo yee or employees whose conduct falls within the definition of said section without ha vi ng to discipline all empl oyee s whos e condu ct falls within the defin ition of sa id sect io n. 137 :8 City Ord inances . The Council shall adopt appropriate Ordinances to effectuate the po li c•c s of this Arti cle of the Charter. 138 :1 Career Service System . The Appointing Autho ri ty shall prepare and subm it to City Council for adoption a "Care P.r Service System" which shall apply to all full -ti me classifi ed employ ees of the Ci ty of Engl ewood (here in the "City"), excluding any elected official or person appointed to fill a vacant elected position , any board or commission member, judge , City Manager, employe es of the City Manager's office, department he>ads , City Attorney , emp loyees of the City Attorney's office , confidential secretaries , confidential employees , and persons • appointed to a position by the Council. (Amended 11 -7-1995) 138 :2 Merit principles . The Career Serv ice System shall in clude appropriate Administrati ve Proce dures which embody the following Me ri t Pri nc ipl es appl icab le to these emplo yees as set forth in Se ction 138 . 1 of the Charter: I. Recru iting , se lecting , and ad vancing applicants and employees on the basis of their relati ve ab ili ty, knowledge and sk ills, inc luding open cons id erat ion of qualifi ed appl ica nts for appointment. Actual employment and promotion to be made from eligib ilit y li sts based on op en, compet iti ve exa minations. 11. The establishment and maintenance of a class ifi cat ion plan based on job anal ysis and ut ilized for ad ministrati ve dec ision ma king on comp ensation , selection, emplo yee development, ,;areer advancement, up ward mobility and other personnel program act ivit ies. Il l. Th e est ab lishment and main tenance of an em ployee tra ining program designed to impro ve performance . • • • • IV . The establishment and mai nte na nce of a job rela ted emplo yee perform ance app rais al system, des ig ned to assess the adequa cy of indi vi dual emplo yee perfo rm ance in re lat io n to pe rformance req uirements , fo r employees to recognize the ir own pe rf ormance imp rov ement nee ds, and as a basis fo r pers onne l action in clu ding promo tio n, reo rga ni zing and rewa rding superio r performance and cor re cting inadequate perfo rm ance or sepa rat ing employees in cases of contin ued inadequate pe rformance . V. Perm ane nt full -time cla ssified employe es wil l not be sub ject to sepa ratio n ex cep t fo r just cause or such reasons as curta ilme nt of work , lack of funds o r ot her legitimate reasons . 138 :3 Hearings under Career Service Sys tem. (a) Th e City Co un ci l shall app oi nt hearing officers who shall ha ve demonstrable ability in labor and employee relat io ns to hold hearings and make find ings and dete rminations with res pect to the fo llowing : disc ipl inary ap peals , merit appeals and issues related to selection and retention of exclusive employee organizations and the determinat ion of ap prop ria te barga ining un it s. If a disp ute exist s ove r whether a person or pos ition should be part of a bargaining unit , that dispute shall be resol ve d by a hearing officer, including all issues which can be raised over the appl icatio n of § 13 7:2(i) and the person's or po sitio n's status as includ ed or excluded from a bargai ning unit shall remain unchanged until a hearing officer's decision . (b) The City Council shall enact appropriate ordinances governing standards and procedures with respect to such appeals , the hearings to be conducted thereon and the standards to be applied by the appointed hea ring officer and any app licable Court rev iew of such decisions . Counci l shall also enact ordinances governing standards and pro cedures with regard to issues related to bargaining agents or units. (A mended 11-7-1995; 11 -2-1999) 138 :4 Dut ies and powers of the Career Service Board . (Repealed 11-7-1995) 138 :5 Effective date ; vested rights . (Repealed 11-7-199 5) EX HIB IT. 11 .: City of Englewood Administrative Po licy Manual • L------=------~-----------=------___,1 Subject: Number: Effective Date: Equal Employment Opportunity/Harasstf c· 6 , /cu tr' J'.1l<.J 10-15-99 City Manager Signature PURPOSE To define equal emp loyment opponunity and harassment and establis h a co mpla int procedure. SCOPE All City employees. POLICY The City is dedi cated to the princ iples of eq ual emrloyment opponunity in any term , condition or privilege of employment. We do not discriminate again st applicants or employees on the basis of age , race, sex , co lor, religio n, national origi n, di sabi li ty or any other status protected by federal, state or local law. Thi s prohibition includes unlawful harassment based on any of these protected classes. Unlawful harassment includes verbal or physical conduct wh ich has the purpose or effect of sub stantiall y interfering with an individual's work performance or creating an intimidating, hostile or offensive work environme nt. This policy applies to all • . emplo yees including managers , supervi sors, co-workers, and non-emplo ye es such as ci tizens , customers, clients, vendors, consultants , etc. Sexua l Horassm•nt Because se xual hara ss ment raise s issues that are to some extent un ique in comparison to other harassment, the City belie ves it warrants separate emphasis. The City strongl y opposes sexual harass ment and inappropriate sex ual conduct. Sexual harassment is defined as unwelcome sexual advance s, requests for sexual favors, and other verbal or physical conduct of a sex ua l nature, when: • Submi ssion to suc h conduc t is made explicitly or implic itly a term or condition of employment ; • Submis sion to or reject ion of such conduct is use d as the basis for decisions affec tin g an indiv idual 's employment ; or • Such conduct has th e purpose or effect of sub stant ially inter fering wi th an indi vidua l's work performance or creating an innmidating, hostile or offensive work environment. All emplo yees are expected to conduct themselves in a profession al and busine ss like manner at all times. Inappropriate sexual conduc t tha t could lead to a cla im of sexual hara ss ment is expressly prohibited by this polic y. Such conduct includ es , but is no t limited to, sexually implic it or expl icit commun ic ations whe th er in: • Written form , such as canoons , posters, caicn.:lars . i.11Jtes, letters, E-mail; • Verb al form . such as comments , jokes . foul or obscene language of a sexua l nature , gossiping or questions about anoth er 's sex life. or repeated unwante d requests for dates; • • Physical gesn.res and other nonverbal beha vi or, such as unwelcome touchi ng , grabbing, fondling, kissi ng, ma ss ag ing, and brushi ng up against another 's bo dy. 2b • • • City of Englewood Administrative Po licy Manual EEO/Harassment Complaint Procedure If an employee believes there has been a violation of the EEO policy or harassment based on the protected classes outlined above, incl udin g sexual harassment, he or she should use the following co mpla int I• occdure. The City expects employees to make a timely complaint to enable the City to promptly investigate and correct any behavior that may be in violation of this poli cy. Employees who believe there has been a ,.;o:ation of the EEO policy or harassment should first discuss this matter with their immediate supervisor or any,Jne within their chai n of command with whom they feel comfortable in discussing these concerns. !ft he immediate supervisor or someone in the employee 's chain of command is the focus of the al" eg, on, then !he emplo yee should notify the Hur.ian Resources Director. If there is no resolution to the claim ,s ol.!!!int d above, the employee shall then state their claim in writing to the Human Resources Director. F,crs ,,.1 : ~e gathered to substantiate or dismiss the claim. Employees found to have violated the City EEO/Hara ssm c"; policy will be subject to di sciplinary action up to and including tcnnination . Complaints will be kept as confidential as possible. The City prohibi ts retaliation against an employee for filing a complaint under this polic y or for assisting in• co ,nolaint inve~tigation. If employees perceive retaliation for making a complaint or for participating in an invcsto~•rion, they arc to again follow the complaint procedure outlined above. The siruation will be ~·or, ,,tl y ::,• .. ,stigated . 3b EXHIBIT . Ill : Ciry of Englewood Admi nis trati ve Polic y Manua l • '------------'~~----~------' Subj ect: Number: Effect i\'e Date : Revision Date: PURPOSE Violenc e in the Workplace 47 5-31-00 12--1-0 I ; 6-8 -04 To se< fort h the City po licy regarding vio lence in <he wo rkp l:.re. SCO PE All City emplo Y,ees. POLICY 6-S-0 4 Date The City is dedic:ited to maintaining a work environment free from intimidation, threats. or violen t acts. This includes , but is not limited to: intim idati ng, threatening or hosti le beh i1.viors ; physical/verbal abuse: v:mdalism: arson; sabo ta ge; use of we:ipons (excepti on: sworn law enforcement :ind ta.ctical medic personne l); carrying weapo ns onto our prem ises (exception : sworn law enfo rce ment and tactical medic personnel); or any other :ict. which in management's opin ion , is inapprop riate to the workplace. [n addi ti on , biz :ure or offensive comments regarding violent e vents and/or behavior arc not to lerated. Our intoler:mce for viole nce exte ,ds to • persons connecte d with our business incl uding customers, ve ndors or others who interact wi th our employees. Any behavior listed above should be immediately reported to a supervisor or the Hu man Resources Depart ment. Additionally, employees should notify their supervisor or the ti•.1man Re!)~urces Department of personal situations thilt may impact the workp lace . Complaints will receive a.tention :md the situation will be invesngilted. Based on the results o:'the inquiry, action will be ta ken which management belie ves is appropria te. Employees should directly co ntact low enforcement perso nne l if they believe there is an imm ment threat to ,he safety and healt h of emplo yees ~r property. 9c • • • Subject: :"fumber: Effective Date : Revised: P URPOSE City of Englewood Administrative Policy }lanual Family and ~ledical lea\'e Policy 31 4-3-00 2-11-03 ; 3-1-1-03; 11-5-03 ; 6-7-04 To com ply with the Family and Y!edica l Leave Act of 1993 . SCOPE 6-7-04 Date To be eli gib le fo r Fa mi ly or Medical leave. an emp loyee mu st have wo rked fo r the City fo r at !cost 12 months :ind have worked at least 1,250 hours during th e previous calendar year . POLICY EXHIBIT IV An dig,ble employee will be ai!owed 10 tak e up to JSO hour s of lea\'e (up to 12 weeks of le ave fo r shift Fire Di visio n per,, nn el) duri ng an y twelve-mo nth period fo r the fo llowing : Birth f},1,J her ch ild Pla cement of a child fo r his/her adopti on or foster care C-:.:-e of emp loyee's child, spo use or parent who has a "serious he alth condition'' Hi Sl"h er own "serio us health condition" which ma ke s the em pl oyee una ble to per fo nn the fu ncti ons of hi s/her posi tion :-late : a ·•s enous he alth co nditi on" ofan empl oyee or fa mil y member gene rall y includes any condit io n that in vol ves either mpa1i en t cJre or .:ontmumg rre:nme nt as certified by JO ap propri ate health c.i rc: pro vi der. R equi r eme nt s ~otice -Human Re sou rces and the t!mp loyce's di rect superviso r :n us t be notified in writin g of the req ue st fo r Family and Yledic al le ave. • \Vh en the \eave is forese ::::i ble. J spec1:ic noufic:mon must be m:id e 30 days be fo re the ex pected date of the le:i ve. • Th e em ployee 1s respo nsibl e for keeping the supen·iso r and Human Re sources informed of hi s/h er work status. • Re:i sonab \e not ice of ch ange in circumstan ces that :-equires eith er :i n ex tensi on of the leave or an intennon ofan early return mu st be pro vi ded to Hum an Resources and th e emplo yee 's direc t supervisor 1mme di arely . C ertific:ition -a request fo r FMLA. ie :ive by :in 1!mplo yee du e to his.her ··senous hc:1 \t h condition" must be cent ficd by an 1ppropriate health ca:·e provider m wnn ng. A ccm r1c :mo n of the "senc,us he alth condi ti on·· of 1 child. $pau se or parent 1s also re quired . • The cemficauon must be pro \"\d cd to the Ci ty wuhm 15 days of request. • The Ci ty ma y clarify an y mfo nnation on the :l e:i.lth condition certific:m on . • TI1e Ci ry m:i y reque st su bsequent opm 1ons ol :1 sec ond or :hird he:ilth c:ire ?rovider . Js design ate d. approved and paid fo r by the City. 3e '--______ C_itv~._0_1_· _E_n.,,g_le_,_vo_o_d_A_d_n_1_in_i_s_tr_a_t_iv_e_P_vl_ic_,y'--:V_la_n_u_a_l ______ ........,I _ Re-i.:· l.:1c:i tion u(Jn emp lo yee's "senou s :1e :i.lth i.:ondltio n" may be requested when dee med necessa1: by the City. Coo rdinati on of lea ,1es -le:i \·e t:ik en fo r an emp lo ye~.'s own "seri ous hc :ilth co ndiuo n·· whi ch qualifies :·or temporary disab.li ry or wor ke rs' com pe ns ati on bene fits will be co unted toward the ~80 ho ur period (12 week per iod io r shift f ire D1 vtsion personne l) described abo ve .. -'.n employee mu st also take an additio nal eig ht consecu tive r'.uurs (or number of ho urs in :i sc hedu led shift) of :i ccrued lea ve (i n the sa me order as pre vi ously listed ) for ,r,y recurren ce of an emplo yee 's "'serious he,lth condition"" if separated by thirry (30) calendar days. • [ntem,irtent le:ive or :i reduced work sc hedule ma y be pennin ed in the even t of a "serious heal th condition" of the employee or qualified family member, if med ic all y necessary . The City may requ ire the emp lo}'ee to temporarily transfe r to an available alt ernate posit ion that will :icc ommodate the City as a result of the altered work schedule. • Leave taken for the birth or placement of a child must be t,,ke n before the end of the 12-month period beginning on the date of such birth or placement. If the City employs both husband lnd wife, FMLA le,ve is li mite d to a combin ed total of 480 hours ( I l weeks fo r shift Fire Di vis ion personnel) during this 12-mon th period. • All accrued pai d le:ive must be used prior to entering into unpa id FMLA \e:i ve. Accrued lea ve mu st be used in the follow ing order: Perso nal Lea ve, Annu:11 Le:i ve. Sick Le:i.ve \ii the emp loyee is elig1b lr' Compensatory Time , and then Leave No Pa y. Return from Fl'r!LA leave When an FMLA leave is the res ult of the employee 's 0 ,,11 ·'ser io us he:i.l th condition" he/sh e ma y need to provide a re-cer1ifi c:1tion to rerum to active employment at the ti me the F:VILA \e:ivc 1s conclude d. Upon return fro m FYIL A le ave , an ~mployee will be restored to the same or an equivale nt po sition 1fsuc h return immedia tcl v follows the approved FMLA leave. Fa il ure 10 return to work imme di ate ly following the expiratio n of an employees approve d FMLA lea ve ma y re sult in tenninat ion of employment. Emplo yee benefit provis ior,~ For pa id periods of FML\ leave , the City will maintar.1 an d pro vid e all benefits as would have been provided if the employ ee had been wo rking . To the e<tent ap plicable. employee conmbutions for all such cover:ige will conttnue in the same manner. For unpatd periods of F:VILA leave, the City ·.vtl! mainta in the same gro up health and dental cov erage du n ng the n •IL\ leave as would have been provid ed 1i the empl oyee had been workrng . Employee con01buttons fo r cover:ige wtil cont inue to be required. For unpaid periods FML.-\ leave, the emplo yee ·; length of service will be ch anged fo r the purpose of determ ining eligib1 iity fo r vacation and length 01 servi ce us ed m determining continuous ser,1ce reiated to other City be:iefit pl:ins . The number of days of unpaid \e:ive taken over th e rirst 30 days will be added to the employee 's re\'1ew date. -le • • • • • EXHIBIT Gty of Englewood Administrative P olic y :Wanual Sub jeer: '.'lumber: Effective Da , Re vised : PURPOSE 35 4-3-00 1 !-4-0 1 ;11-2 7-02 To ;et forth the City's polic y on milita ry lea ve. SCO PE All City empl oy ee,. POL.lC ,(j / / '.,(/ ·( I I fi t 1 h I Ci ty :Vlanagyr 's Sig nature 11-2 7-02 Date The authority for this poli cy i~ ~,ri ,ad from the prov isio:,s of rhe Uni fo rmed Servic es Emplo yment and Reemployment RiJills Act ,t" I ~ I (USERRA } and Se ction 28-3-601 C.R .S. through Section 28-3-60 7 C.R.S. The City is ob h,:ated l\l grant mi 1ua ry Je,ve without lo ss of pay fo r absence s nor exceeding fifteen (I 5) days in an y calendar 1c !':It 'e (I,) days equates 10 fifteen 8-hour days , or 120 hrs . The Ci ty cannot require an emplo yee to us 1. :mnual lt ,1;e fo r such purposes. The employee may , however, request use of vacatio n, compensatory t.me , or leave without pay to supplement absences exceed ing those covered by the fifteen (15) day m1 li tary lea ve allowance . Military lea ve of absence will resu lt in no loss of any co ndition of emplo yment that would have normally occurred if the employee had nor been ab sent for such purp ose s. Emp loyees are responsible for providing their department directors copies of all military orders tha t will result in a lea,·e of ab sence for acti ve mi li tary duty . Empl oyees arr al so required to no tify t.1eir superviso rs at the earliest ;,t:.;.sib le date upon learning of schedu le d military duty . Emplo yees wh ll :.i i to rerum to work according 10 the pro vi S1 ons of USERR.-\ and Se-ti on 28-3-60 1 C.R.S . through ~sct ion :8-3-6 07 C.R .S. are subject to disc iplinary e-ti on up to and including termination . Emp loyees mu st remit to the City any pay re ceive d by th <: mi lita ry for the per iod of time the emplo yee is on paid mi litary lea ve. This rem itt ance shall oc cur imm ed iarel y upon receipt of the mili ta~· pay (i n ins tances 1ha1 the mil itary pay . ireater :han the empl oyee 's City pay, the empl oye e ma y elect 10 fo rego City paid mi li tary leave) . 8e V EX,--tlBIT VI;·· ~-------C_it~y_o_f C.::ngl ewood Administrative Polic y Manual Subj ec t: Numb er: Effrctiv e Dac e: Re vised: PURPOSE Jury Duty :i nd \Vimess Sen·ice 34 4-3-00 11 -27-02 I . _{(¼I -i;:Ck\,t City .\tlandge r's Signut ure } To <Stablis h the City's poli cy for empl oye e Jury Du ty an d Wi tn ess Serv ice. SCOPE All Ci ty empl oyees. POLICY 1 1-27-02 Date Lea ve will be gra nted to an emp loyee call ed for jury duty or to appe ar as a wit ness in his/her officia l capac ity in obe dience to a su bpoena or dire ction by lega l :i uth ori ty . The empl oye r: wi ll re ce ive the ir regu lar salilry for jury dury served . Any jury pa y will be reimbursed to the City . The ~mployee ma y retai n an y re imbur se ments fo r mileag e and par ki ng . Employees on jury duty or call ed as a witne ss in their officia l. Ci ty capac ity will be expected 10 work JS much of thei r regula rl y schedul ed workday as th ei r jury du ty sc hedc1e er appearance in court permi ts. When an employee is sub poenaed as a witness in private litigatio n to testify , no t in his official C:Jpa ciry but as an ind ivi dua l, acc umu lated lea ves will be used to cov er the ti me ab sen t. All accu mulated lea ves mus t be exhausted befo re the tim e absen t can be taken as leave without pay. Pan-time, benefi ts eligib le empl oyees will rec eive thei r regular pa y fo r the numb er of hou rs reg ular ly sched ule d 10 wo rk ducin g jury duty. tf jury duty fo il s on a part-time emplo yee's regula r day of! or dur ing a per iod of appro ved le ave. the emp loyee will receive no jury duty com pe nsa tion . An em ployee mus t re rurr. to wo rk after being excused from jury duty if there are more than two (2) hours le ft ;n the ir regula rly, sc hedu led" orkday. Employees co vered by a collect iv~ bargain in g ur.it shoul d refer to che appropriate contra ct fo r jury duty leave infonnatio n. • • • • • C it y of Englewood Admini strati ve Poli cy Manual Sub ject: Voting Leave Numb er : 39 Effecti ve Dntc: ~-3 -00 PURPOSE 'Co set fonh the City's polic y on Votin~ Leave. s::oPE Al: City employees. POLICY 1 , .. C'ity will grant empl0yecs ~~ce ssary ti me: off w ith pay to vote in general and primary el!!ctions ilS specif ed in C0l"rado Stare ~ 1w . Required time off to vote will be granted to an employee by th eir supervisor if: • n, .. employee is a registered vo ter. EXHIHIT VII • Thert:! is insufficient ti me for the employee to vote outside his or her regular wo rking hours. An employee is considered to have sufficient ti me if the po ll s are ope n a tot:il of three or more co nsecutive hours during which ti me the employee is no t wo rking fo r the City . • No deductio n fro m regul:ir pay will be made fo r authoriz ed time off to vo[e up to a maximum of two hours . lie EXi'.i lBIT VIII · City of En °lew, id Administrative Po li cy Manua l '---------"------->'----------"---------~- Subj ec r: Numb e r: Effccrive Date: Rev is ed: PURPO SE Cnpaid Le::ivcs of Absence 38 ~-3-00 11-2 7-02 Esrnblish City guide lines on unpai d leaves of absence. SCOPE All full-time and part-time benefi ts eligible emp loyee s. POLICY 11 -27-02 City Ylanag f r's"S iknarnr1 D:ue After twel ve mon ths of co ntinuous serv ice and upo n app roval of 1he departmen t directo r, in co ncu rrence wi th the Human Resources Directo r, emplo yees may be granted an unpaid leave of absence of up 10 one yea r for co mpellin g person.ii re ::isons no t related to Fam il y Medica l Leave rea sons. All accrued. paid leave mu st be exhau sted before the beginning of th e un paid leave of abse nce . Emplo yees on suc h le.av e do not accrue persona l leave, annual leave or lo ngevity ply. Emplo ye es on unpaid leave of absenc e , .. e not eligible fo r ho li day.jury , military , fu nera l or administr ative lea ve. When an emplo yee is on • an unpai d 11.: ve of absence , he/she may main rema in in the City hea lth and dental insurance plan s, ~-• ... •1ided the employee pays the full premium. Th o emplo ye e ma y reta in the benefit accru al rate they were el igi ble fo r at the begin ning of the unpa id leav e, pro vided the empl oye e rerums to wo rk wi th the City 011 the agreed upo n date. Upon rerum, the em pl oyee 's re view date will be adjus ted if the leave has ex cee ded thirty (30) calenda r da ys . De le ted: The ri epa rtm en t dire cto r, in concurrence with the Human esources Directo r, will determ in e the emp lo yee 's next review date. An emplo ye e who engage s in other empl oym ent , includin g self-employm ent , whi le on official leave of absence , will be te nn inated effecti ve as of the last day wo rked, unle ss pri or wri tten app rova l has bee n ob tained fr om the Human Resou rces Dep artment. Emplo ye,·s on an ap pro ved !<ave of absence , who fail to re port fo r wo rk by th e firs t day after the expi rati on .b.tc or' the !e ave of absence or a properl y appr oved ex tens io n, will be terminated fro m their empl oy ment with the Ci ty as of th e last da " actuall y worked . I le • • • • EXHIBIT ~ ______ C_it~y_o_f_E_n~0 ·wo od Admini strative Polky Ma nu al Subject: :\'u mb er: Effecti\le Date: Tui tio n Reimbur se ment /Deg ree .\chiev~c Recog nili on \•I -/ 29 =...,\ .. (i_l~r/~C.-f;_•~...,. .. «~1~1,,_ _____ ~l~l-~2~7~-0=2 -4 -03·0 0 Ci t),~ \IanJ ger '~ Sign:i'rur e Date Rev ise d Date: 7-13 -0 1 ; 11 -27-02 PURPO SE To encou rage the impro vc.r. .. nt of Pmp lo yee skill s und general edu cauonal leve l. SC OPE Ai , benetirs-d ii:·~,. ,_.,,... ~L. ··ve es. POLI CY Tuition Reimbursem cr".t Progr:1111 Benefit s-eligib le emplo yees may panici pate in <he Tuition Reimbursem en t Pro gra m after they have suc cessfully co mpl eted one yea r of co nt inuous service . This program pt rt:iins to graded dasscs appl ied to Associate, Bachelor , Masters. and Doctorate degrees from an accredited ins tituti on. Degree progrn m, rr.u st be directly relate d to the employee's duties wi th th e Cit y . Graded, single classes direc tly related to an empl oyee 's duties are al so eligible fo r this program . Pass/Fail classes and certific:i tions :ire cc be covered by the emp loyee's department ce chnicJI traini ng budget. Th e maximum reimb urs ement per employee is S2,000 .00 per calendar yea r. Fo r full-tim e eli gible employees , reimburse ment covers app roved tuiti on, associaled mandatory fees and requ ired texts up to the annua l maximum. IX For pnrt •time eligible empl oyees, reimbursement covers approved tuition , associated mandatory fees and required 1exts co various levels base d upon the average num ber of hours wo rked per week. Schedule is as follows : • 35 to 39.9 hours pe r week: S 1,800 (90% ,,ffull -time emplo yee max imum.) • 30 to 34.9 hours per we ek : S 1,600 (8 0% ,,f ,'ull-time employee maximum.) • :s to 29.9 ho urs pe r week: S 1,400 (7 0% vf full-t ime emplo yee maximum.) 20 to 2-l .9 ho urs pe r week: S 1,200 (6 0% e.f full-ume emp loyee maximum .) Genera ll:'t it is the practice that City time or resources are not to be used fo r academic purposes . • '.'!ormal City business ho urs are not to be us ed fo r ac Jdem ic purp oses (unless au tho rized by the City :Vlanager). • L's e of City ,quipment (com puters, etc .) is ,llowed onl y after City business ho urs . The use of City personnel fo r acJdemic purposes is not permissible during working hours . 13d 'iry of En gl ew ood A dministrative Policy :Vfanu a l De gree Achievement ~ ~co gnitio n Emp loyees enro lled in th, ,1t ovc ourl ine d Tuition Reimbursement Progra m pursuing a non-job required degree are als o eligible 10 i':rt icipate in the Degree Ach ievement Recogn it io n Program. The emplo yee will rec eive one of the followin g umounts upon degree achievement. Associate s Degree: Bachel ors Degree: Mas ters or Doctorat e. $500 .00 5 1,000 .00 $1,500 .00 The above amounts will bt: dw arded in a one·time , lump su m. 14d • • • COUNCIL COMMUNI CATION --Date Agenda Item Su hicct Coll ecti ve Bargaining Agree m ent July 12, 2004 11 C ii Between th e Ci ty and th e EFFA for 2005 and 2006 Initiat ed By Staff Source Hum an Resou rces Departm ent Sue Ea ton, Direc tor of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Coll ec ti ve Bargain ing Agreemen t w ith th e Englewood Fire Fighters Associa ti on was approved by Coun cil for 2003 an d 2004. RE COMMEN DED ACTION Staff req uests Cou ncil approval of th e Coll ec ti ve Bar gain in g Agreement between th e En glewood Fir e Fight ers Assoc iati on and th e City of Englewood for th e years 2005 and 2006 . The contrac t covers approximately 45 employees. BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED Th e City of Englewood and th e Englewood Fire Figh ters Associa tion entered into negotiations i n May of 2004 in accordance w ith th e City of En glewood Charter. The members of th e En glewood Fi re Fig ht ers Assoc iati on dul y ratifi ed, by a maj ority vote, th e Coll ec ti ve Bargain ing Ag ree m ent. The sign ifi ca nt changes to th e contrac t are as foll ows: 1. A I. I 2% in crease o n 2004 wages will b e granted on Jan ua ry I , 2005. 2. A 1% in crease on 2004 wages wi ll be gran ted on Jul y 1, 2005, prov idin g th e City has met cer tain reven ue co l'.ec tions . 3. A 1 % in c•ease o n 2004 wages w ill be granted ,rn October 1, 2005 providin g th e City has met certa in reven ue coll ec ti ons 4. Two in creases w ill be grant ed in 2006, on Janu ary 1 and Jul y I , ba sed on : I) A sa lary surv ey to b e conduc ted in 2005 to determ in e th e m ar ket rate, and 2) The Ci ty's reve nu e si tuati on . FINANC IAL IMPACT Th e impact of th e sa lary in crease on wages wi ll be approx im ately $45,000 fo r 20 05. Th e imp ac t of th e sa lary increase on wages fo r 2006 will be depend ant upo n th e market differenti al determin ed by th e 2005 salary survey and the City's fin ancial situ ati on. Eac h 1 % in crease lo wages wi ll cos l appr ox im ately $25,000. Addi tio nal costs associa ted with th e wage changes (Med ica re and Pensi on match) will be approx im ately $4300 fo r 2005, fo r a 101al of $49,300. Additi onal cos ts assoc iated wi th 2006 wage changes will nol be know unt il th e ac tu al wage changes are ca lcul ated ;n 2005. LIST Of ATTACHMENTS EFF A Coll ec ti ve Barga inin g Agreement for 2005 and 200 n. .. •