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HomeMy WebLinkAbout2003 Resolution No. 073• • RES OL UTION NO . 22_ SE RI ES OF 200 3 A RESOLUT ION AUTHORIZING TH E COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I , 2004 THROUGH DECEMBER 31 , 2004 . WHEREAS , the Engl ewood City Co uncil auth orized the Collectiv e Bargain ing Contract between the Eng lewood Firefighters Loca l No . 1736 and the City of Englewood for the years 2003 and 2004 , by the pa ss age of Re so luti on 78, Se ries of2002 ; and WHEREAS , that Contract provides for the negot iation of 2004 salarie s in 2003 ; and WHEREAS , the City of Englewood and the Eng lewood Firefighters Local No . 1736 entered into negoti ations in May, 2003 in accordance with the Englewood City Home Rule Chaner; and WHERE AS, the members of the Englewood Firefighters Local No . 1736 duly ratified, by a majority of the members , the Collective Bargaining Contract; and WHEREAS , the only change to the Contract is as follows : Emp loyees covered by the Contract will receive a zero percent (0%) increa se over the 2003 base wage rate effective January I, 2004, as noted on pages I 0, 11 and 40; and WHEREAS , wage s fo r 2005 will be negotiated in 2004 . NOW, THEREFORE, dE IT RESOLVE D BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section I. The City Council of the City of Englewood , Co lorado hereby approves the Collective Bargaining Contract between the Englewood Firefighters Local No . 173 6 and the City of Englewood for the period of Jauuary I, 2004 through December 31 , 2004 , anach ed hereto as Exhibit A. Section 2. The Mayor and the City Cle rk are hereby authorized to sign and attest the Collective Bargaining Con tract between the Englewood Firefighters Local No . 1736 and the City of Englewood, Co lorado , for the year 2004. ADOPTED AND APPROVED this I 8th day of August, 2003 . • Loucrishia A. Ellis • • • COLLECTIVE BARGAlNING CONTRACT BETWEEN TiiE ENGLEWOOD FIREFIGHTERS LOCAL 1736 • AND TiiE CITY OF ENGLEWOOD FOR THE YEARS 2003 AND 2004 • INDEX ARTICLE RECOGNITION P:l!!le 3 • ARTICLE 2 EMPLOYEE RJGHTS P:iyie 4 ARTICLE 3 BULLETIN BOARDS P:i:ige 5 ARTIC LE 4 DUES DED UCTiOt-r P:l!!le 6 ARTIC LE RULES AND REGULATIONS P:iyie 7 ARTICLE 6 DURATION OF CONTRACT P:lg!C 8 ARTICL!:. 7 HOURS O . w\)RK P:1g1e 9 ARTICLE 8 COMPENSATION Pagi= 10 ARTICLE () OVERTIME Pag,: 12 ARTICLE 10 ACTING PAY Pagi= 14 ARTICLE II ANNlJAL LEA VE P~lS • ARTICLE 12 PERSONAL LEA VE Pagi:,: 16 ARTICLE 13 DISABlLITY -TEMPORARY Paige I 7 (SHORT TERM DISABILITY -STD) ARTICLE 14 WORKERS' COMPENSATION Pagi:,: 19 ARTICLE 15 Mll.JT.-\RY LEA VE P~20 ARTICLE 16 FUNERAL LEA VE Pagi:,:21 ARTICLE 17 JURY DUTY AND WITNESS SERVICE P•:?2 ARTICLE 18 HOLIDAYS Paig,: 23 ARTICLE 19 VOTING LEA VE P~24 ARTICLE 20 TRAD!NG Tll\,!E P•25 ARTICLE 21 UNPAID LEAVES OF ABSENC E Paig,:26 • • CNDEX (CONTINUED , ARTICLE 22 UNIFORMS Page 27 ARTICLE 23 MILEAGE REIMBURSEMENT Page 28 ARTICLE 24 INSURANCE Par-29 ARTICLE 25 LIFE INSURANCE Page 30 ARTIC LE 26 RETIREE HEAL TH INSURANCE REIMBURSEMENT Page 31 ARTICLE 27 LAYOFF Page 32 ARTICLE 28 TUITION REIMBURSEMENT Pag,: 33 ARTICLE 29 ::,.::TTLEMENT OF DCSP l.iTES Page 34 ART!Clf. 3) SUPPLIES Page 37 • ARTIC LE 31 DRUG TESTING AND PHYSICAL FITNESS Page 38 ARTICLE 32 DEATH AND DCSABU.ITY ASSESSMENT Page 39 ARTICLE 33 EXCLUSIVENE S OF CONTRACT Page40 COLLECTfVE BA.RGA1N1NG CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL #1 736 A.i\':;TH E CITY uF C:•/GLEV/CO D F' ,1:, li-i F. v~ ARS 200 3 .-\i\/D 2004 This contract is entered into by and betw-~n the City ofEngltwocu (hereinafter referred to :as the "City") and the Englewood Firetighters (hereinafter referred to as :he "Union"). It is the purpose of this contract to achieve and maintain harmonious relations between rbc Ciry and the Union; to provide for equitable and peac eful adjustment of differences v hich may ans=, and to establish proper standards of wages, hours and other conditions of employment. Except where limiteu by express provisions elsewhere in this contract, nothing in dris contract shall be construed to restrict, limit, a• impair. the rights, powers and authority of the City'.l!S granted to it under the laws of the United Sures. the State of Colorado and the City's Charter :mid Municipal Code . The rights. powers. and authoriry include, but are not limited to, the following: • A. The determination 1JfFire Di vision policy including the nght to manage the affair.; .:,f • the Fire Division in all respects. B. The right to assi ~,n working hours, including ovenime. C. The right to establi sh. mollify or change work schedules, manning of apparan:s, amount of apparatus in the main 1Jr reserve tleet . etc. D. The right to direct the members of tho Fire Division including the right to bin; promote, transfer or discipline IJr uischarge for cause . an y fire tighter within the Fire Division.. E. The table of 1Jrganization of the Fire Di vision including the right to organize :ind reorganize the Fire Division in any manner it chooses. including the size of the Fire Division and±!c determination of job classification anu ranks based upon duties assigned. F. The determination .,f the safety . health and property protection measure for the F:::re Divisi1Jn . G. The alloc a . ~ :ind assignment of work to all firefighters within the Fire Division. H. The determ, .. d1Jn of p1Jlicy affecting the selection or training of firefighters . • L The scheduling of op•rntions and the detenninarion of the nwnber and duration of • hll urs of assigned duty per wee ic . J. The establishment, ·, ~ntinuance, m~dification and enforcement ofFire Division rules , regulations and orders . K.. The transfer of work from one position to anuher within the Fire Division. L. The inaoduction o' n , improved or different methods and techniques of operation of the Fire Division or a change in ~,1: existing methods and techniques . M. The placing of servi ce, maintenance or other work with outs ide contractors or other agencies of the City. N. The determinar: QnD\0 • "nwnber of ranks and the nwnber of firefighter.. within each rank. 0. The determination of the amount of supervision necessary . • • 2 • • • ARTICLE 2. EMPLOYEE RIGHTS A. A full-time classified employee covered by this contract shall have the right : 1. To fonn, joi 11, support or participate in or to refrain from forming.joining, supporting or participating in any employee organization or its lawful activities; and 2. Bargain collectively through their certified employee representative. 3. No employee shall be interfered with, restI3ined, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns wi.:.i the City be infringed upon. 4. See Related City Of Englewood Policies : • # 6 Equal Employment Opportunity/Harassment • #47 Violence In The Workplace 4 Exhibit I Exhibit II ARTICLE 3. BULLETIN BOARDS/UNION ACTIVITY A. The City agrees to prov ide 5J>ace in the fire stati on for Union bulletin boards that shall be properly maintained by the Union. They are to be used fo r the fo llowing notic es: I . Union meetings. 2. Union elections . 3. Reports of Union committees . 4. Rulings of policies of the International Union . 5. Recreatio nal or social affairs of the Union. B. Toe Union agrees that there shall be no other general distribution or posting by the Union or employees upon City property, provided, however, the Director of Safety Services may permit other materi al not provided for above at his/her discretion to be posted or distributed. The material posted shall not contain anything reflecting dero .irdtorily upon the City, any ofits employees , or any other organization of City employees . The Cit)' agrees that during working hours on City premises and without loss of pay, Union members :nay be allowed to: attend Union and/or management meetings , post Union notic es, solicit t:ni()ll membership during em ployee's non-work time, and one on-duty representative will be allowed to ass ist an employee on grievances, or appeals, provided advance notice is given to the Director and the work load permits. The City shall provide relief for Union negotiators who are on duty during scheduled negotiating sessions . • • • • ARTICLE ~-DUES DED UCT IO N • • A. The City agrees to deduct the Union dues from each bi-weekly paycheck of !hos: emplo yees who indi viduall y request in writing that such deductions be made, subject to th,: garnishment laws of the State of Colorado. The amounts 10 be deducted shall be cenified to the Cry Director of Finance and Administrative Services by the Treasurer of the Union, and the ag~g= deductions ofall emp loyees shall be remitted together with an itemized statement to the Treas=:::y the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thiny (3 0) day written not ice by tl,e employ~ 3l the City Director of Finance and Administrative Serv ices . B. I: is expressl y understod that the City assumes no liability and shall nut l,e liable :er !he collection or payment to the Union of any dues during any time that an employee is not acruail:7 working for the City and actually on thr: payroll of the City. In the event of error on the checkoffl.is.. the City will not be responsible to m, · adjustments, until notified by the Treasurer of the Union. C. The Union shall indemn • ""y and hold the City harmless against any and all claims , su:i!. orders or judgment brought or issued against the City as a result of an y action taken or not taken i!y the City under the pro vis ion of this Anicle . D. Changes in the dues amount to be deducted shall be limited to rwo (2) changes e:!Cl year and provided a thirry (30) day written notice is pro vided to the City Director of Finance :md Administrative Services . E. Should the change in the deduction amount or method require a compu= programming change . the Union shall be responsible for the cost of such change or changes_ :lll 530 .00 per hour with a four (4) hour :na.ximum . Payment from the Union shall be made to the C:i:y Director of Finance and .-\dmini stm1 ve Services wi thin ten (10) days of receipt of billing . ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the ex~ress terms of this contract, the City retains the right to • promulgate reasonable rules, regulations, policies, procedures and directives . Said rules, regulations, policies , procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure . B. The City agrees to consult with the Union conc erning the formulation of changes of rules and regulations, policies, procedures and directives . • 7 • • • • ARTICLE 6. DURATION OF CONTRACT A. This con trae t shall take effect on January I, 2003 and shall continue in force to and including December 31 , 2004, provided that either party may reopen for negotiation Articles 8 and 24 only, by giving written notice of intent to negotiate any or all of those articles prior t" ~lay 15 , 2003 . Any such 11egotiations shall proceed as provided in the City Charter. B. This contract, or any part of it, may be terminated or rene gotiated at any time by mutual consent of both panics . C. If any article or section of this contract should be held invalid by operation oflaw or the District Court, or if compliance with or ertforcernent 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 ronfer for the purpose of attempting to anivc at a mutually satisfactory replacement for such ·.rticle or secti on. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displ:u:e or modify present or future statutory case law oftbe State of Colorado . E. The parties acknowledge that during negotiations which resulted in this contract, ear.h bad the unlimited right and opportunity to make demand~ and pro,.osals with respect to any subject or matter appropriate for meetings and to confer and have disc1tSsior.., and that t:,e u.iderstandings and agreements arrived at by the parries after this exercise cf that right and opportunity are se t forth in this contract. ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift work, the work schedule shall nonnally consist of • any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basis ofBerkley system . B. Employees assigned to non-shift work shall nonnally be scheduled for an average of at least forty (40) hours of work in seven (7) consecutive day reoccurring work cycles . C. It is specifically understood an d agreed tnal nothinb herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week. D. The schedule maybe changed by 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 . 9 • • • • • ARTICLE 8. COMPENSATION A. Th e sa lary sc hedule for 2003 is as follo ws. Salary for 2004 will be the same as in 2003 . Regular Straight Time Hourly Rate Firefighter (probationary) $13 .2 4 Firefighter ill $15 .07 Firefighter Il $16.57 Firefighter I $18.24 Firemedicill $17.33 Firemedic Il $19.11 Firemedic I $21.03 Driver/Operator/Engineer $20.05 Lieutenant $22.06 B. The pay rates identified in Se~tion A. are calculated to provide I 0% separation between each rank from Firefighter ill through the rank of Lieutenant. The benchmark for this ca lculation is Firefighter I. FIREMEDICS I . In addition to their regular hourly wage rate, qualified employees holding a ra'lk of Firefighter (FF !, FFil, FFill) who are assigned and authorized by the Director of Safety Services to perform on a regular basis Firemedic duties shall receiv e a 15% wage increas e over and above the affected employees ' hourly rate . 2. In addition to their regular hourly wage rate, qualified employees holding the position of Driver-Operator-Engineer (D-O-E) who maintain a current paramedic certification (EMT-P) shall -eceive a 2½% wage increase over and above the affected employees' regular hourly rate. Ally D-O-E who is EMT -P certified and is as si gned as a Firemedic shall receive ae hourly rate for actual hours worked commensurate with the position of Firemed ic I. C. The methodology used in determining the hourly, premium/overtime and annual compenc,ation is contained in A pj>endix A . 10 • • • D. In additio n to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will rec eive: • $.41 per hour and • shall be eligible for discretionary Merit Pay ofup to $600 each year , payable as set forth in Paragraph E (2). E. (I) Each employee appointed by the Director of Safety Services to one of th e following assignments shall be eligible for Merit Pay in an amount determined by the Director, up to a total of $1 ,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader Safety Education Team Leader or other assignments as determined by the Director of Safety Services after consultation with the Union. (2) Such Merit Pay shall be awarded in the exercise of the Director's discretion, based upon specific performance criteria developed by the Director and made avail ab le, to emplo yees . Merit Pay shall be determined and paid semi-annually, no later than Ju:1~ I and December I each year . 11 • • • ARTICLE 9. OVERTIY!E A. Standard Oven ime . I. Cpon de1ermi na1 io n 1ha1 the reporting o f lSsigned personnel 10 the duty shift i,:; below th e Ci ty es tabl ished leve l, the call 10 off-d ut y pe rso nn el fo r ove rtime will be made:. 2. . on-exemp t employees covered by 1his co nt ract wo rki ng in positions other u,an: the ir act ual rank are co unted in acting capac ity. ln the eve nt req uirements necessitate: positi ons be filled wit h ac tual rank . personnel of said rank will be ord ered in. 3. No n-exempt empl oyees covered by this co ntract shall recei ve ove nime, compen sat ion for work performed over and above the assigned work schedule . -~· ovenime co mpen sat io n for training shall be pursuant ro rhe provisions of rhe Fair Lab or. Standards Act All ovenime compensation sha ll be calcula1ed ar ti me and one-hal f ( 111,;, of the emp lo yee's regular wage rate . 4. The perso n wo rk ing ov enime wi ll be paid actual hours worked fo r rhal posit ion: which he/s he fills . The method used re select Firefighters 10 wor k ove n ime situations will be contained in procedu res pu blis hed by the Direct or of Safety Se rv ices . The: procedures will pro vide a fair and equitable distribu tion ofovenime among barg aining; unit emplo yees. The procedure will contain a selection process whereb y an ~ligible, individual will nol forfeit his:ber po si tio n in 1he selection process if: less than a twelve;- hour block of rime is worked: ifrhe employee is si ck oron annual leave; or if this wouict require the emplo yee to work seventy-two (72) consecuti ve hours, or more . Refusal for. sickness will be accepted only if the empl oyee was absent the last duty day due ro illnesss or temporary disability leave . Annual leave is the period oitime from the end ofrhc las.. da y worked until 1he em plo yee returns 10 du ty . How ev er, if an emplo ye e is on annu:Iii leave . he:she has the opt io n 10 wo rk on any bur his:ber own shi ft. 5. If no off-duty pe. onnel wish 10 work. the Shift Commander wi ll order in the firs. person he/she co n1acr s followi n~ the normal romion. If the ovenime per so n is not ar th= assign ed station by the beginning of the shift. the perso n held ov er from rhe previous shirr: shall be give n overtime in quaner (11,) hou r increments. 6. If ar any time during the shift 1he absent personn el returns to du ty, the officer 'rr. charge will relie ve the pe rso n who came in 10 work rhar ov enime po sition . The person:: working the overtime will be paid a minimum of two (2) hours worke d. If more than rwro (2 ) hours are worked. his,her time will be co mpu ted ro rhe nearest ne xt half(V,) hour:. 7. No one other than the Director of Safety Se rvices, the on-duty Sh.if\ Commandc:::-. or ac ting Shirt Co mmander , Union rep resentati ve. ar the request of1 he empl oyee, widn the emplo ye ~ and man a~e m~nl personnel present , shall ha ve access lo or review th= ovenime cards . An y per so n nc.r followi ng this po li cy or fo und tamperin g wit h th e fii:: will be subjec t 10 disc iplinary action by the Directo r of Sa fety Servic es . B. Emergenc y Overtime . I. Emergency overtime is defined as a multi-alarm situation or disaster where more • than normal manning is required and must be authorized by the Director of Safety Services . 2. When r, ,x empt employees covered by this contraet work overtime on an emergency call . :i.: basi s, 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 contraet is working a standard overtime shift and responds to an emergency with other employees called in on emergency overtime , he/she will be compensated on the emergency overtime basis during the period of that emergency. 13 • • • • • ARTICLE 10. ACTING PAY The following acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay . The employee must be in the position three (3) consecutive shifts before · e employee becomes eligible for acting position compensation . Such pay shall be retroactive to the first day the employee assumes responsibility of the position. Acting assignments will be made according to the following procedure : Acting O.O.E. First Priority -Eligibility List Second Priority -Personnel with DOE Check Off List Third Priority-Discretion of Shift Commander Acting Lieutenant First Priority -Eligibility List Second Priocity -Personnel with Lt. Check Off List Third Priority -Discretion of Shift Commander 14 ARTICLE 11 . ANNl.:."'1. LEA VE A. Shi ft wo rk empl oyees shall be enti tl ed to annual leove acco rding to the following; schedule : Hour ly Hourly Accumulation Accwnulatio n Annual Total Per \llonth Per Pav Period Hours Shifts: I-~ vears continuo us service I J hours 6 hours 156 6.5 5-9 years continuous service 15 6.92 180 7.5 I 0-1 ~ years co ntinuou s servi ce 19 8.77 228 9.5 15-19 years co ntinuous service 21 9.69 252 10.5 20+ years co ntinuous service 23 10.6 2 276 11.5 Annual leave shall not be grant ed to any em plo yee until he/she has been in the employ of the Cit~y for at least six months. B. The maxi mum acc umulation ofannu:;l leave shall be two (2) times the employee's norrnaii annual leave accumulatio n. C. Method o f Sele ctio n· The selectio n fo r use of ann ual leave shall be by seniority. Tm: first round of se lection begins by those employees wi th greatest seniority choosing first and those witln less seniority choosing las t. The second round of selec ti on will begin with those having less seniorir;y choosing first and those wi th more se nio rity choosi ng last. • D. Use -The sched ule fo r use of annua l lea ve shall be detennined by the needs of the: • Department. Annual leave shall be taken at a time convenient to and ap proved by the Director ofSafer,y Servic es. When an emplo yee has schedu led ann ua l leave through the normal method of selectio n and is subsequently trans fe rred to another shi ft. the City shall ac co mmodat e sai~ emplo yee 's original annwti.l leave selectio n when not to Jo so wo uld result in financia l loss due to cancell atio n of traveel arrangement s. E. Annual Lea ve Pay -The rate 01 annual lea ve pay shall be the employee's regular straigi:m time hourl y rate of pay for 1he emp ;oye e·s reg ular job and charg ed on a working hour basis, excluding; reg ul ar days off. Annual leave sha I be all owed onl y to the total hour ly amount accumulated at the: beginnin g of 1he leave. F. Minimum Usage -There shal l be a one (I) sh ift minimwn use of annual le:ive time fcnr shift wo rkers with the following excep tio n: If an employee covered under this contrac t has used all an the personal leave pro vided 10 hinvlie r fo r the year , the e:'1plo yee may use ann ual leave ofless than one: ( l) shift as approved and auth ori ze d by the Dir ecto r of Satety Services or the Direr.tor's de si gnate:i:I represent:1ti ve. G. ..\nn ual Lea ve Pay Upon Separation -. .\n y emplo ye e wh o is separated from che service an the City. i.e., re tire ment . termination 0r layoff. shall be com pen sated for the unused annual leave timr.: accumu lateJ at the time 0f ;e parati on. 15 • • • • ARTICL E l2 . PERSONAL LEAVE All shift work employees covered by this contract shall be granted nn,:ty-six (96) hours of personal leave with pay which an employee is entitled to use for the following purposes : A. Emplo yee 's own illness/injury B. Dlness/injury of ,\mployee 's family C. To attend to personal business . For any employee who has not used the ninety-six (96) hours of personal leave, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid according to the prevailing payroll schedule. Personal leave time shall not exceed ninety-six (96) hours nor shall it be accwnulated or carried over from one year to the next In the event of illness/injury in which personal leave is requested,. the employee shall notify hisih ~t s11 pervisor at least one (I) bour prior to the employee's scheduled reporting time . Those employees with balances in the "Compensatory Time Bank" as of January I, 2001 may exhaust their balances, but no fimher transfers into the banks will l:e ru! · •ffl- 16 ARTICLE 13 . DISABil.lTY -TEMPORARY (NON JOB R£L<\TED) (SHORT TER..'vl DISA.Bil.lTY -"'STD ") A. Definition -, e,.~~orary disability is leave granted for non-service connected injury CJ. illness of an emplo yee which di:o~:lity preve nt s the emplo yee fro m perfonning his/her duties as a Cicy emplo yee . B. Pro vision -During the life of this contract . the City agrees to pro vide temporarydisabilir:· leave with pay for emplo yee s absent as a result of illnes s/injury at the ra te of one hundred pm:= ( 100%) of the employee 's re gular wage up to nine hl!lldred sixty (960) working hours, { one huncm:::i twenty ( 120) days/forty (40) shifts. l C. Temporary disability leave shall not be accumulative except !hat on January I of eac:n year, the City shall restore one hundred percent (100%) ?fthe number of hours/days/shifts used by a1:1 employee duri ;,g the preceding year up to a maximum of ~80 hours , sixty (60) days or twenty (20) shims. D. Utilization. I. Authorization for temporary disability leave with pay shall on ly be granted aftc:- the first shift/day of disability. 2. Authorization for temporary disability shall be granted for the illness or injury cm the emplo yee not service connected, including maternity related disab il ity .. 1 See .clard City Of Eng lewood Polic y# 31 "Famil y And Medical Le:i.ve Policy" -Exhibit Ill) • E. Sick Leave Option -All sick le:i.v G :i.ccrued by employees prior to January I , 1980, sbai:l • vest with the employee, and may be used in the following manner: I . After the hou rs/days/s hifts described abo ve have been us ed, unless the employc:= is entitled to retirement as a result of disab il ity . 2. By cashing in ~II :i.ccrued sick ie:i.ve accumulated under the prev ious plan up= normal retirement from the City at the rate of one (I ) hour's pay fore:i.ch two (2) hours cm accrued sick leave at the employee's regular rate or one (I) hour's pay for each four ( .!) hours upon separati on from the City . 3. By cashing in accrued sick leave under the previous plan , once each year 31 tm: conversion rate of four (4) hours sick leave for one (I) hour pay, not to exce:d :a conversion of more than four hundred (400) hours each year. F. Reportin g of Temp orary Disability -The employee or a member of the employee's household shall notify the emplo yee's Shift Commander at least thirty (30) minutes prior to tm: employee's scheduled reporti ng time . No temporary disability leave wi ll be granted to an employee wE:io fails to notify their Shift Commander prior to the begi nning of ti,e employee's work schedule. T"m: employee's Shift Commander may wai ve the reporting requirement depending upon the circums-.mc:s surrounding the temporary disability. 17 • • • • G. Verification of Disability -Per the City of Englewood Short Tenn Disability ?olicy (#37), if absence from work is in excess of three (3) consecutive work days/shifts, a medical release must be provided by the employee . If the City requires the employee to seek a second op inion, tl:e City will bear the cost of the second examination . H. Abuse ofTernporary Disability-Abuse of temporary disabi lity occurs when :m employee misrepresents the actual reason for requesting temporary disability or when an employee ·1,;es temporary disability leave for unauthorized purposes . An employee who makes a false clcim for temporary disability leave shall be subjec , to disciplinuy action or dismi ssal . 18 ARTICLE 14. WORKERS' COMPENSATION A. For any work related injury/illness which causes any empl'lyee to be absent fro:r work, • the City shall pay employee his/her full wages from the first day of his/her absence from work up 10 and including the 90th calendar day of such absence, less wh r tever sums received by the emp!oyee as disability benefits under Worker.' Compensation. Toe Cily reserves the right to require any employee on injury or disability leave to submit to an examinatiol15 oy City-appointed physicians at the City's expense or under the provision of workers' compensations or the retirement/pension provision as provided under State statute. B. Ali injuries that occur during working hours shall be rq:;oned to the en ,ployee's supervisor within twenty-four (24) hours of the injwy or before the employee leaves their depanment of employmimt unless circumstances beyond the control of the employee would not permit. 19 • • ARTICLE 15 . MILITARY LEAVE • Military Leave will be granted per the Citv of Englewood Administrative Policy Manual. #35 "Military Leave Policy" -Exhibit IV . • • 20 ARTICLE 16 . FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of • a member of the employee's family . ne number of days/shifts granted shall be governed by the cm:ums!llllces of the case, but shall be at least one (!) day/s hift and in no event shall they exceed three (3) of the employee's regularly assigned days/shifts . For the purposes of this section "employee's family'' shall m~an the employee's spouse, or the children, grandchildren, parents, 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 • ARTICLE 17. JURY DlJrY AND WITNESS SERVICE • Leave 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 legal authority. He/she shall be entitled to the difference between !us/lier regular 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 OfEngl;:wood Administrative Policy Manual, #34 "Jury Duty And Witness Service" -Exhibit V . 22 ARTICLE I 8. HOLIDAYS A. (I) Shift work emplo yees covered by this contract will be eligible for seventy-two (72) hours of holiday time-off or pay. (2) The payment for holidays will be made in November of each year based on the employee 's regular sn-a;ght time hourly wage rate . Employees must notify the Dcparanent by October I of each year, of their intention of receiving 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 basis for six (6) months or one-half (½) of the seventy-two (72) hours holiday benefit.) B. Forty ( 40) hour employees will not be eligible to receive 1 holiday pay cashout, but shall receive the days off on the eleven ( 11) officially recognized City holidays provided the employee has actually wo:iced or had approved paid leave on the day immediately prior to and following a holiday unless otherwise approved by the Director of Safety Services. A shift work emplo cc who is assigned to a forty ( 40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout in November for the period that he was on shift work. 23 • • • • • • ARTICLE 19 . VOTING LEAVE Voting Leave will be granted per the ~nglewood Administrative Policv Manual. #39 "Voting Leave" -Exhibit VL 24 ARTICLE 20. TRADING TIME A. Employees may be permi eel to secure another Firefighter of l ual rank and qualifications to substitute for them subject to the approval of their Shift Commander. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee. Any request for substitutes shall be signed by both Firefighters and approval of the Shift Commander shall also be in writing. B. Trading time shall be governed by the following criteria: I. The trading of time is done voluntarily by the employees participating in the trade. 2. The re:ison for trading time is due to the employee's desire or need not because of Fire Division operations . 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting employee with the reason for denial of the request. 25 • • • • • ARTICLE 21. UNPAID LEAVES OF ABSENCE Unpaid leaves of absence may be granted per the City OfEnzjewood Administrative Policv Manual. #38 "Un paid Leave of Absence" -Exhi bit VlI. 26 ARTICLE 22. UNIFORMS A. (1) If an employee is required to wear a uniform and/or safety equipment, the emplo yee shall wear the uniform and/or safety equipment only as authorized or required by the divis ion work rules . All employees shall maintain a presentable appearance while on duty . The employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Division on a replacement basis will bear the cost of replacement uniforms . The new replacement uniform will meet or exceed recognized industry standards . B Toe Division will authorize :ind require specific shoes and will provide a footwear reimbursement offifty percent (50%) of the cost of authorized footwear up to a maximum of$ 130.00 per year. C. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire Dcpartmem for employees engaged in the Division's physical fitness program. The above clothing will be provided according to an as-needed basis , determined by the Director of Safety Services. D. Cleaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment. 27 • • • • ARTICLE 23. MILEAGE REIMBURSEMENT • • A 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's vehicle mileage policy . 28 ARTICLE 24 . INSURANCE A. MEDICAL The City will pay eighty-five (85 %) of the premium cost for singl e and dependent coverage for medical insurance . Employees will pay fifteen per::::nt (15%) of th e premium cost for single and dependent coverage for medical insurance . B. DENTAL The City will pay eighty-five percent (85%) of the premium cost forsingle and dependent cov•:rage for dental insurance . Employees will pay fifteen percent (15%) of the premium cost for sinte and dependent coverage for dental insurance. C. It is understood and agreed that should the premium costs for either of the City's i,;.surances be reduced during the life of this contraet, the City and employees will equally share in the premium rate reduction . D. Any dispute concerning the interpretation or :1pplication ofbenefits provided under the health or dental plans shall be subject to the plan :1ppeal process. It is expressly understood that this article is a non-grievable item under this contrael 29 • • • • ARTICLE 25 . LIFE INSURANCE • • Tenn life insurance wilJ be provided by the City for employees covered by this contrar • in the amount ofone time his/her annual salary. The minimum benefit is $35,000 and the maximum be,. ·1 is $50,000 . Upon ~tirerncnt, the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her ~tirement. JO ARTICLE 26 . RETIREE HEALTH INSURANCE REIMBURSE.i'v!ENT The City agr=; to allow retirees and fu r.ire retirees a conversion privilege to the health insurance conversion plan available through th e City. For employees who retiroo on or before December 31, 1~95, the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of575.00 per month for the employee and including the employee's depcnder,,s . For employees who retired on or after January 1, 1996, the City agrees to pay fifty pen:cnt (50¼) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a-maximum ofSl00.00 per month. It is the intention of the City to phase out this provision. 31 • • • • • • ART IC:'..£27. LAYOFF Whenever there is lack of work, lack of fund~, or other legitimate reasons requiring reductions in the number of employees, the appointing authority sl·all designate the positions in whlch the layoffis to be made . Upon such determination, the required numi)·,r of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in ~rder of hfa/her relative length and quality of service as shown by the per.;onnel records . Employees on le.yo ff shall be recalled in the order of seniority provided that those recalled have the dernonsttated ability and same quaiifaaiions to perfonn the available work as determined by the City. Any employee in a higher rank, if laid off, may transfer to the previous lower rank. The layoff list shall tenninate after eighteen (18) months . 32 ARTICLE 28 . TUITION REIMBURSEMENT Tuition will be reimbur.;ed per the City of Englewood Administrative Policy Manual. #2 9 "Tuition Reimbursement" -Exhibit vm . 33 • ARTICLE 29. SETTLEMENT OF DISPUTES • A grievance is defined as an alleged violation of a specific provisio .1 of this coo tract. T.::i r • • emplo yee and the A,•.Jciation shall be req uired to follow the procedurt as set out below : Step 1 If an emplo yee is unable to settle the grievance or dispute orally and informall y through b.i.s, := shift commander within five (5) working da:,s of the date of the occurrence of the grievance, or ::ie employee's knowledge of it, the employee may, within the succeeding five (5) wo ,ic days, file a wri= grie vance wi th hisiher superv iso r. The shift commander shall attempt to adjust the matter and sh;ill respond in writing to the employee within five (5) work ~1ys. Step 2 !ftbe answer is not satisfactory, the matt•r shall be presenied in writing by the employee 10 ::ie Division Chief within five (5) work days following receipt of th.e Shift Commander's response . ~ Division Chief sh~ll respond in writing to the employee within five (5) work da ys. If the answer is not satisfactory, the matter shall be presented in writing by the employee to ::ie Director of Safety Services within five (5) work days following receipt of the Division Chiefs respo=. The Director of Safety Services shall respond in wri ting to the emplo vee within five (5) work days .. Step 4 If the grie vance still remains unadjusted, it shall be presented by the employee to th~ C":ry Manager in writing within five (5) work days following receipt of the response of the DirectorofSa..i::y Services . The City Manager or his/her designated repr esentative shall res pond in writing ,vithin te:i t, Q) work days. ~ If the grievance is still unsettled, the Associat,on. within ten ( l 0) work days after receipt of ::ie answer by the City Manager or his/her designated representat ive, may by written notice request ::ie matter be submitted to either me~;ation or arbitration . (a) Mediation . (l) If mediation is requested. the parties will attempt to mutually agree upon a mediator. If within five (5) days of the reque5; for med iation the Association and the City camJDI mutually agree on the mediator, a request wili be fikd with the American Arbitration Association fbr a panel of seven (7) medi ators to be sent to the parti ::s. (2) The mediator will be selected by a method of alternative striking ofnames from 34 the panel , with the firs! strike determined by a r.oin nip. The final name .~ft on the panel will be tire: mediator. The mediator wi ll co nve ne a me eting c,f1he parties as soo n as possible and attempt to develop • a settlement of the grievance which is ace , itab 1t to both parties . Any such settlement will be in wrillll,;g and will be dated and signed by representati ves of the Association and the Cirt and by the mediator. Tln:: tenns of any such settlem ent will be implemented by both parties. If a settler.tent is not rea ch et! througfu the mediation process, the mediator will no1 if; both part ie s in writing that the mediation process has concluded. Such no tice co ncludes the grievance proced ur e. (3) The fees of the mediator shall be borne eq ually by the Asso ci ation and the Cicy;. (b) Arbitration . (!) If the Association requests arbitration, the parties will attempt to choose :a mutuall y agreeable arbitrator. If within five days of the re quest for arbitration tire: Association and the City cannot muruall y agree on an impartial arbitrator, a request wiill be filed with the American Arbitration Association for a panel of se ven arbitrators to be sent to the parties. The arbitrator shall be selec ted by a method of alternative sniking aif names from the panel, with the first strike detennined by a co in flip . The final name le::. on the panel shall be the arbitrator . The arbitrator shall be requested 10 issue a decisiam within thirty (JO) days after co nclusion of testi mony and argument. (2) Each party shall be responsible for co mpensation lo its own representatives am:i witnesses. The fees of the arbitrator shall be borne equally by the Association and dn: City. (3) If eithe~ party de sires a verbatim record of the proceedings, it may cause sucl:t:a • record to be made , provided it pays for the reco rd and makes a copy available to the arbitrator. If the other party wishes to have a co py of the transcript it shall share all cos.s for the transcript. Authoritv of Arbitrator. The arbitrator shall have no power to ad d 10 or subtr..ct from or change the terms of this Concrac::. The written decision of the arbitrator shall be final and bir~ing upon the parties. The arbitrator shaill limit his decision strictly to the grievance submitted which has been prop erly processed through tire: grievance procedure outlined . Time Limits Fai lure by an emplo yee to comply with any time limitation shall constiru te a settlement o f tire: grievance . Should the employer not respond within the prescribed time, the grievance will automatic:tl[:' proceed to the next ste p. Grievance Option It is agreed that should the appeal pro ce du re as provided under 138 :J of the City Charter air applicable ordinance provisions be utili zed, recourse 10 the grievance procedure included in this Artic!i: shall be waived . 35 • • • • Proc,ssing Grievance During Work Hou rs Grievances may be inves tigated and processed by the employee during ;vorking hours wi thin reasonable time li mits without loss of pa y pro vided no ti~e is given and the wo rk load permits. The emplo y~e shall be al lowed to attend hearings whil e on duty. Oral and Wri tten Correc ti ve Actio n Oral Corrective Action --Whenever grounds for ~orrective action exist and the supe:visor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communi.:ate to the employee the supervisor's observation of the problem and offer assistance in cc -ecting the situation . When an oral corrective action is given , the supervisor should ensure that th e supervisor's log is documented to show date of the corrective action and the nature of the corrective action. The emplo yee should be advised that the corrective action will be documented in the supervisor's log. Written Corrective Acti on --When the supervisor determines that a written corrective action is appropriate and necessary. the corrective action shall be addressed tc the employee and shall include the violation ; the specific behavior and the dates of the behavi or (when appropriate) that suppon the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the e.nployee's official personnel fil e in the Human Resources Department, and the employee shall have the opportunity to submit written comment> ;n response to the corrective action to be included in the file . If an emplo ye e disagrees with the letter of correct ive action, the employee, within seven (7) calendar days, may request a review of the writte n co rrecti ve action by the Human Resources Director . 36 ARTICLE 30 . SUPPLIES A. The Ci ty will provide and maintain supplies and equipment for the normal operation of • the Fire Divis ion. These include : I. Laundry: linens and cleaning (If same. 2. All kitchen .ppliances and utens ils, and repair and/or replacement of same. 3. Private phone in each station and maintenance i1Dd/or repair of same. 4. Maintenance ofT.V.s and recordm . 5. Items of hygiene (soap, toilet paper, etc .). B. Toe provisions of this Article will be under the control of the Director of Safety Services. Individual abuse to be dealt with on an individual basis . • 37 • • • • ARTICLE 3 I. DRUG TESTING AND PHYSICAL FITNESS Drug testing and physical fitness are permissive subjects of negotiations . The City agrees cons istent with Anicle S of the Collective Bargaining Agreement to consult with the Union regarding the formation of any drug testing policy or physical fitness program. In addi tion, it is not the City's intention to institute random drug testing now or in the foreseeable future . 38 ARTICLE 32 . DEATH AND DISABILITY ASSE SMENT For firefighters hired 011 or after January 1, 1997, the contribution required by § 3 1-31-81 1 ( 4), C.R.S., shall be assessed equally against the City and such firefighter so that fifty perce t (50%) of the contribution required by the state shall be assessed against the fi?efighter and fifty percent (50%) shall be assessed against the City. 39 • • • • • • ARTICL E 33 . EXCLUSIVENESS OF CONTRACT The City and the Union agree that the tenns and provisions herein contained constitute the ~ntire contract between the parties and supersede all pre vious communications, representations or agreements, either verbal or written , between the parties with respect to the subject matter herein . The City and the Union agree that all negotiable items ha ve 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. [N WITNESS WHEREOF, the parties have caused this contract to be signed by their respective representatives and their signatures placed thereon, on this _ day of ___ , 2003 at Englewood, Colorado . ENGLEWOOD FIRE FIGHTERS LOCAL#I736 'Randall Pickrel 40 CITY OF ENGLEWOOD Mayo~ Beverly J. Bradshaw Attest : City Clerk City Manager, Gary Sears .. ;? t ~~- I City of Englewood Administrativ olicy Mano .• ~------------H_um_a_n_R_~_o_ur_c_es_P_oli_·c_·_~'------------J • • Subject: Equal Employment Opportunity/Ha Number. 6 Effective Date: 10-15-99 PURPOSE To define equal employment opporrunity and hnr:,ssment and establish a complaint proceduce . SCOPE All City employees. POLICY The City is dedicated co the principles of equ:il employment opporrunity in any term. condition or ;,ri vilege of employmenr. We do not discriminate ag:iinSt applicants or employees on the basis of age. race . se,. col or. celigion. n:uion:il origin. disability or any ocher stalUS protected by federal. state or loc:il law . This prohibition includes unlawful harassment based on JnY of these protected classes. Unlawful harassment includes verb:il or physical conduce which has the purpose or effec: oi substanti:illy interfering with an individuai" s wade periormance or cceating :111 intimidating. hostile or offensive wade environmenL This policy :,.pplies to all employees including managers . supervisors. co-workers. and non-s,mployees such :is citizens. customers. clients . vendors. consultantS , etc. Semal Harassment BecJ.usc se:cu.:il har:issment mises issu~s th:u JtC to some ~xtent unique in compari son to mher har.issme:n. the City belie•1es it warrants sep3r.lle emphas is. The City srrongly o pposes '°'":ii harassment and inappropriate sexual conduct. Se,ual har:issment is defined :is unwelcome se ::u:il advances . requests for se,u:il favors. and other verbal or physical conduct oi a se.,ual nature . when : • Submission 10 such conduce is m,de "Plicitly or implicitly a term ~r condition of employment: • Submission co or cejection of such conduct is used as :he basis for .dec isions affecting an individual's emolovment : or • Su~h ~onduct has the purpose or effect of substantially interfering with an individual's wade pe:formance or i.:rc:mng :in intimid:uing , hl stilt: or 1Jffensi1,·e work ~nvironmenc . All emplo ye os :JrC e,pected <o conduct themselves in l professional and businesslike manner at all times. fnappropriate se.,ual conduct that could lead to a claim of sexual harassment is expressly prohibited by this po lic y. Such conduct includes . but is not limited to . sexually implicit ore,plicit communicotions whether in: • Written form. such as cartoons . posters . calendan . cotes. letters . E-mail: • V orbal form . such as .:omments . jokes, foul or obscene language of a semal nature. gossiping or questions Jbout another's sex liie . or cepeated unwanted requests for dates: Physicol gestures and ocher nun verbal behavio r. such as unwelcome couching. grabbing , fondling. kissing. ma ss aging . ;,md brushing up :igainst :mochi::r ':i body . P,ge 6 City of Englewood Administrative Policy iVIanual Human Resources Policies • .___ _______________ ____, EEO/Har:wmeat Compl:iint Procedure If an employee believes there has been .:i violation of the EEO policy or harassment based on the protected :lasses outlined above, including sextml harassmen~ he or she should us the following complaint procedure . The Cicy expects employees to malce a timely complain t to enable the Cicy to promptly investigate and co!T'CCt 1111y behavior thal may be in violation of this policy . Employees who believe there hos been a tiolation of the EEO policy or harassment should firn discuss this maner with their immediate supervisor or 1111yone withln their chain of command with whom they feel comfor:able in di5cussu1g these concerns . If the immediare supervisor or someone in the employee · s chnin of comm1111d is the focus of the allegation. then the employe,. should notify the Human R=urces Dilcctor. If there is no resolution to the claim as outlined above. the employee shall then scace their chum in writing to the Human Resources Director. Faces will be gathered to substantiare or dismiss the claim. Employees found to have vi olated the Cicy EEO/Harassment policy will be subject to disciplinary action :ip co and including temtlnuion . Complaints will be lcept as confidential as possible . The Cicy prohibits retaliation ag:tiJm an employee for filin, ~ complaint under dtis policy or for assisting in a complninc investigarion. If employees perceive retaliation for malcing a complaint or for participating in an inve-.tigation. they an: co ag:tin follow tbe comphtint procedure outlined above. The siruation will be promptly investigared . P:ige i • • • Subject: Number-: City of Englewood Administrative Policy :Vfanual Human Resources Policies Violence in the Woricplace Effective Date: 5-J J .qo PURPOSE To set forth the Ciry polic:1 regarding 'li olence in the workpl:u:e. SCOPE All Ciry employees. POLICY The C:ry is dedic:aed to maintaining 1 -.vork '"vironme"t re from :ntimicuu on. ch re:rs . or ·.-ioio:c x-.s. This inc ludes . but is no t limited :a: incirniciacing, thre:u.ening or ~osri le behaviors: ?hysic:iJ/veri,:U lCu.se:: v;ond.J.lism : men: jab ot:ige : use of ·.ve:ipons : ::urying ·.ve:ipons vmo lJUr pre:nises : or lnY oth~~ :c:.. "llh ich in manilgemem'; opinio n. is inappropr.au: to the •.vorkploce. In Jdditio n. biz= or offe"s ive co=-= regarding ·,iolcnt ~vencs md/or behavi or J.re no t toic ~ted. Our iotoler:lllc: for ·1iolenc: ~:cte:-:ds ca ?C,-'"SOns connec:ed ·.vi ch our bus ine ss inc!uding customers. vendors or others who ince:-:.c t ·.vith our !mploy~. • Any behavio r listed lbove should be :rnmedi:aely rep orted too superv isor or :he Human Resoun::ees Dep:imncnt. Additionall y. !IT.f'loy e~s :i hould noti fy dteir supervis1;1 r or the Human Resourc:s De;::n::ment of personal :ii tuari ons rhac may impac t the ·.vorlq,1:ic~. CJmplaincs ·.viii rec!ive Jtte:itio n JJ?d th e si~ull will be. inves ti gated. Based on th e results of :he inquiry , xtion will be take :, which :nanagement be!ie·,~ :::s appropriate . Employe!:s sho uld dircc~y co ntJct law .:nfo rc~mcn; te=-sonne! if :h e:, beiie·,e ch e~ :S =i imrrune~t :hre:ll to the s:ife ':f lnd Jdth of i!mploye!s or ;,rope :-ty . See "S e:irch m d Seizure ·•. pol ic :, • .!8 . • City of Englewood Administrative Policy Manual Human Resources Policies Subject: Family and :\lledlcal Le:ive PoUcy Number: 31 Effective Date: -1-3-00 PURPOSE To comply with rhe Family and Medic:i.l Le:ive Act of 1993 . SCOPE Tc be eligible for Family or Medic:,J Lo:ive, an employee must ru,.ve worked for the City for lt le:ist 12 monrhs and have worked lt le:ist I ,:!SO hours during the previo115 c:il endar ye:,.r. POLICY An eligible emplo ye e will be :illo wed to rake up to 12 workweeks of leove during an y rwelve month period for th e following: • Birth of his/her child • Placement of a child for his/her odoption or fosrer c:ire • C:ire of employee's child. spouse or pan,nt who has a "sc:i nll5 he:ilth condir ion" • • His/her own ·•serious he:ilth condition' which makes the emp loyee unable ,o perform the functions of his/her positio n Nott: a "serious health condirion " of an employu or f amily memo,r gtntrally includts any a,ndir'on riuu involves eirh!!r inpatient care or contin uing rreatmtnt as ctrrified by an approp riau health care pr.?vich r. Requirements Notice -Human Resources and rhe employee · s direct supe rviso r must be no ri iied in writing of the request for Fomil y and :\lledic:,J leave. • When the leov e is foreseeable. a specific no ti fication must be made 30 days before the e,pected date of the leove . • The emp;oyee is responsible for keeping the supervisor and Human Reso urces informed of his/her work starus . • Re:isonabic norice of change in circu mstances <hat requires either an e,tension of the le:ive or an intention of an e:,.r!y rerum , must be provided to Human Resources and the employee', direct supervisor immediately . Certllic:idon -a request fo r FML\ le:ive by an employee due co his/her "serioll5 he:ilth condition· must be ce rti fied by an appro9ri.ue he:ilth = pro vi der in writi ng. A certification of the "serioc~ heolth condition" of a chil d. spo115e or pan,nt is :llso required. • The cenification must be provided co the City within 15 days of request. • The City may clarify any infomuuion on <he he:ilth co ndition cenification. • • The Ciry may request subsequent opinion s of a sec ond or :hird he:ilth c:,.re pr.,vi de r. :is designated. op prov ed ,nd pnid for by the Ciry . .. • • • City of Englewood Administrative Policy Manual Human Resources Policies • Re -c ert ifica tion of ,n employee's "s erious he:,Jth condit io n" may be requested when de emed ncc~ssary by [he City . Coordination of leaves -lea ve taken fo r ,~ <mp lo yee', ow n "se rious he:,J th condi tio n" "~ich qual ifies for temporuy disability or ·.vorkers · compen satio n benefits will be counted tow:utl the 12-week period described abo ve. All accrued pa.id leave must be us ed prior to entering into unpaid P.vlL.\. leave. • [memtittem lea ve or a reduced work schedule may be permined in the eve nt of a "serious health condit ion " of the omploy ee or qu:,Jified family mem oer, if medic:,Jly necessary . The Ci cy may require the employee 10 1empor.ril y trans fe r 10 ,n available :,Jtemat.e position that will :ic commodate the Cicy as a result of the :,J ter,,d work sc hedule . • Loave taken fo r th e birth or placement of a child must be taken befo re the end of the 12-month period be gi nnin g on the date of such birth or placement. [f the City employs both husband and wife . P.YILA leave is limite d to a combined total vt' I~ weeks during this 12-month po:iod. Return from FMLA leave • When ,n P.vlLA leave is the result of the emplo yee's own "se riou s he:,Jth condition " he/she may need to provide a re-certifi cation to return 10 ac,iv e om ployment lt the time the FML.\. leave is concluded. • Upon return fro m P.vlL.\ leave . an omployee will be restored to the same or an equi v:,Jent posit io n if suc h 11rn immed iate ly follows the approved P.vlL.\. leave . • ~:ulure to re rum 10 work immediate ly following the expi r:llion of an employee · s approved P.YIL-\ leave ma y result in terminatio n of ~mploy ment . Employee benefit provisions For ,aid periods of P.vl L.\ lea ve, the City wi ll maintain and provide :ill benefits as would have been provided if the emp loye e had boen wo rking . To .he ox tent appiicable. em plo yee co ntribut io ns for all such cavcr:ig'! will continue in chc same manner . Fo r ~npai d pe n ods of P.vl L.\ leave, the City" di maintain th e same _group health coverage during the P.vlLA leave as wo uld have be,,n pro vid ed if th e employee had been working . Emplo yee co ntributions for cov erage wi 11 continue to be required . For unpaid periods P.vlL.\ leave , the emplo ye e s length of serv ice will be changed for the purpose of dctc:mining digibiiicy fo r vac:uion :ind l~ngth of 5crvic e us ed in determining co ntinuous service related to other Ci ty be netit plans . The number of Jays of unpaid leave taken over tbe firs t 30 days will be added to tne omplo yeo s ori gi nal hi re date . City of Englewood Administrative Policy Manual Human Resources Policies Subject: 1',,lilit:lcy Le:ive Number: 35 Effective Date: 4-3-00 PURPOSE To set forth the Cii:y 's policy on ITU ••. 311' le:ive . SCOPE All Cicy employees POLICY The :iuthoricy for this pol icy is de rived from the provi sions of Public L:iw 93-:08 ( 1974) lS :irnended by Publ ic L:i w 9<1-286 ( 1976i . The City is obliguced to gr.mt miiit:iry le:ive with pay for lbsenc,,s not exceeding fifteen (t5i c:,J end:lrdays per ye:ir in :ic:ordance with the lbove mentioned ieder:u law . The City cannot require an employee to use annual le:ive for such purposes . The employee may . howe ver. '"'!llest use of vac:llion . compensatory rime, or leave without pay to supplement lbsences exceeding those covered by the fifteen (15) day milit:iry leave • allowance. Mi li t:irV leave of lbsence will result in no loss of an v condition of emolo vment thll would have normcllv occu~d if the employee had not been lbsent for su~h purposes . • · · Employees are responsible for prov iding their dep=ent dire:tors cop ies of :,JI miliury orders th:ir will result in a le:i ve of lbsence for active miliury duty . Employees are llso required to notify their supervisors ll the e:ui iest possible dlle upon le:irning of scheduled milit:iry duty . The Cicy will make a re:isonllille effort to adjust work schedules and a.ssignments to :ic:ornmodace employc-...s fulfilling milit:iry obligations. Employees who fail to rerurn to work on the date specified in the leave request. without recei ving an extension in advance, are subject to disciplinl!1' :ic:ion up to l!ld including re::.nination . lnac:ive ducy training d:ires (weekend drills ) shou ld be prov ided to the de partment director as soon lS available if the dates :onilic: with scheduled employment '"ith the Cicy . • • • • City of Englewood Administrative Policy Manual Human Resources Policies Subject: Jury Dur:y ond Wimess Service Number: 34 Effective D31e: 4-3-00 PURPOSE To esmb lish the City's policy fo r emplo yee Ju ry Duey Jnd Wimess Ser,ice . SCOPE All City em ployees. POLICY Leo ve ·.vi ii be gronted to Jn em pl oy ee c:tlled for jury du~, or :o Jcpe:ir JS J wimess in his/he, offic::tl copacicy in obecieace to a subpoeaa or direction by le,;:tl 1u1horir:y . rne employee ·.viii receive their ,e:;ular so.lacy for jury dur:y ,er,ed. Any jury pay will be reimb ur.,d 10 the C:rv. The employee may reuin any reimbursemea rs for mileoge ,nd parking. Employees on jury ducy or c:tlled JS J wimess in their offic::tl . Cry copac:r:y will be c:cpcc:ed to wo rk lS much of :.he ir .egul.irly sc!,eduicd work~y lS their jury duty schedule or l ppe:u-..nce in court pemurs . When :in employee is subpoenaed :is :i wimess in private !itig;u:ion to rcstify, nm in his offici al c:ipac ity but JS an individu:tl. xcumulated leove s will be used to -over the ci me obseac. All occamulaied le:ives must be ~:chausrcd befo re the time :ibscnt c:in be ta.lcen lS !e:ivc without ?ay . P:i.rt•dme. benefits ~ligfoie ~:nployees w1il receive their rerJ!ar pay fo r the number of hours .egularly scheduled 10 wo rk during j ury dur:y. [f j ury ducy '.:tlls on l ,an-rime employee"; regular d.:iy off or during a period of lpproved le,ve, the emplo yee ·.viii rece ive no jur:1 dur:y compe,sation. E:np loyc~s will not be paid overtime or -!:lm ~ompcnsatory time for time sc:-1ed JS J juro r or J. <.Vitness. Overtime is co mputed on hou rs xrually worked over forty (.!O) hours 01 the JSsigned job. An employee must return 10 work ,fter being e,cused from jury du~! if there :ire more than two (2) ho urs left in their a::;ularly, scheduled workdoy . : ' i ' .', City of Englewood Administrative Policy Manual Human Resources Policies ---------. Subject: Voting le:ive Number. 39 Elftc:tive Dare: -1-3-00 PURPOSE Tom fo nh the City 's policy on Voti ng loove. SCOPE All Ciry emplo yee s. POLICY The C:cy will gr.m t ~mp ioye~s ncc :ssary ti me off wilh pay rn ·,ore in ~ncr.tl :md ?rimary d ectic ns :is spcc :iied in Colom.do State Liw . Required ti me oif to •1ote ·.viii be gromed to on emplo yee by th eir supervisor if: • Tne ~mplo ye: is :i rc giscered voccr. • • There is insufficient ti me for the emplo yee to vote outside sis or her regular working hours . An emplo yee • is considered to have sufficient time if the polls ore open 1 total of tbrc: or more consecuti ve hours during wh ic:, ti me the emplo yee is not working fo r the City. • :So deduc:io n fr om re gul::r pay will be m:ide for 1uthoriz:d ti me oif to vote op to a ma.,i mum of rw o hours . • • • • City of Englewood Administrative Policy Man Human Resources Policies Subjeet: Unpaid Leaves of .-1.bsence Number. 38 E!Yeetive Dare: +-3-~0 City :';lanagr''s Signarun, PURPOSE E.swilish City guide lines on unpaid leave s of lbsenc:. SCOPE All full-<i me and part-<ime benerits digible employees . POLICY Dote After cwe lvc months of .::ontinuous ser,ic~ 1nd upo n ,1 pprovai oi the depmment di re:::or. in .:on c~rre::c: with the Humru1 Resourc:s Dire~:or. i!mpioyc~s ma y be granted in unpilid le:ive of Jbse:ic: of up m one ye:r fo r ccmpeUing pc~onaJ re:.sons not rel:ucd to F:uni ly ~le dic:ii L~:ivc re:isons. All :u:c:ued. paid leave must be e~hausted before :he beginning of the unpaid leave of absence. E:nployees on sue:, leave do not acc:ue pe:lonai leave. annual lea ve or longe.,iry pay . Emp loyees on unpaid leave of absenc: arc no t eligibl e for holiday , jury . milic1r:,. funer:tl or Jdministr:lrive leave. When an employee is on an unpaid leave of lbsence. hc!she will mai n n::nain in rhe C:ry he:,.lth and denGll insurance plan s. provided the employee portion ~f the premi um is paid by the emp loyee . The !:nploye: :nay r.:t.1h ·he be ne fi t :ic::-:u al r.i ce they were ~ligible fo r Jt the beginning of the unpaid le:i ve. prov ided the !mpioyee ::::lu,';1S to wo rk wit h th e City on the Jgre:d upo n dn.cc . Upo n re turn. the ~mployce ·s hire dare will be Jdjusrcd if rhe !ea ve has o,co:ded thirty i ;O) cJlendar days . The department di re c:o r. in co nc :.1rr::,ce with rhc Hum:in Rc:sou rc:s Di recter. wi ll dete~nc: rh t: !mp io yce ·s nc:-.t re·,ic •.v d:itc:. An omployee who engages in othec emplo ymenL incl uding se!f-,mplo ymenL while on offic::,.l leave of absenc:. will be :erminated effecti ve as of the last Jay worked. •Jniess prio r wrinen appro v:,.1 has been obtained from the Human Re so urc:s Department . Empl oye:s on .m :ipproved le:ive of lb senc:. who fai l to rc;,o n fo r ·.vork by the fi nt day :ift:c:-the !:(pir:uion date of the leave of lbsenc: or a properly approved oxrensio n. •,11iU be terminated from thei r :mplo ymcn t with the City as of the last day ac:uall y wo rked . P:~e 51 City of Englewood Administrative Policy :Vlanual Human Resources Policies Subject: Tuition Reimbursement Number. 29 Effective Dace: 4-3-00 PURPOSE To eac our:ige ,he improvement of employee skills :inci gcner:tl cduc:uionlll level . SCOPE All benefi<,-.,ligible City employees . POLICY Benefi!S-digible ::nployees may partic ipoce in the Tuition Reimbursement Program :lfter the y hove succ:sst'uil y completed one ye:,.r oi continuous servic:. This program pertains to gr:ided c!asses opplied co Associoce. Boche ior . :\<la.seers. and Doc:or:ice deF.S from :in ,ccredited inscinuion . Gr:ided. single classes diredy related co an employee's duties ore :ll.so aligibie for chis progr:un . Pass/Foil classes and ce:tific:uions ore :o be covered by che :mployeos deportment ce<:hnic:tl tr.tining budget. Degree progr:uns muse be directly re!.lted co ,he ::nployee · s duties wich the C:ty . The mo.,imum reimbursement ?er :mployee is 51.500.00 per c:tlc:ubr ye:ir. Geae::,.Jly . it is the pr:u::ice chat City time or resourc:s ore aoc ,o be used for ,c:idemic purposes. • Normol City bus iness hours ore not to be used for lCOdemic purposes (unless authorized by the City Monoger). • t:se oi City aquipmenc /compucers . :cc .) is allowed only ofter City business hours. • rnc use of City pc~onnc! fo r JC:uicmic ;,urposes is not pe:.nissible during worlcing hours . Full-Time Employees: • Public [nscirution -100% re imbursement for ruition, associoced mondococy fees and required tex!S up co onnuol rna.'Ulllum. • P:i voc e institution -Reimbursement up to public instirotion rote fo r ruicion and assoc iated mandatory fees ond lll0% for required cex!S for o comb ined cecal up co the :innuol mo.,imum. Pon-Time Employees: • Public Institution • Reimbursement c -s tuition . :issoc::ued mand:uory f~s and ~quired texts ro .,,,no us lc.,els based upon the overage number oi hours -.orked per week. Schedu le is as follows: • 30 co 39 .9 hours per ,veek · 75% of .:urrenc full -time ::nployee mo.,irnum . • ~ to :9.9 hours per wc~k · 60 % of cum:nt full-ti me -!=nployc'! ma:<imum. • 20 co 24 .9 hours per week · 30% of current full-time :mployee mo.,imum . • • P:,v:ne lnstirut ion -Reimbursement up to public insdrution rate fo r rui ti on :ind .issoc:ared ma.1d,uory • fee s: 100% for requ :red t°'!S (up co the abo ve rn:i.,imums l . • • • COUNCIL COMMUNICATION Dale Agenda ll em Subjecl Wage/Be nefi t Re o pe ner of th e Augus t 18, 2003 11 C i Coll ec ti ve Ba rgain in g Ag ree ment be.Nee n th e Ci~ and th e EFFA fo r 2004 ln ilialed By Slaff Source Hum an Reso urces D epar tm ent I Sue Ea tor 11 Direc tor of Hum an Reso urce s COUNCIL GOAL AND PREVIOUS COUNCIL ACTI ON Th e Coll ec ti ve Bargainin g A gree ment w ith th e En glewood Fire fi ghters Loca l 1736 was approved by Council for 2003 and 20 04 . TI1 e ag ree ment inclu des a p rovision (A rticl e 8, sec tion A) for th e nego tiation of 2004 sa lari es in 2003. RECOMMENDED ACTION Staff re qu es ts Council ap prove, by reso lution, th e sa lary provisions of th e Co ll ec tive Barga inin g Ag ree m ent between th e En glewood Firefi ghters Loca l 1 736 and th e City of Engl ew~od for 2004. Th e con trac t covers ap p roxi mately 45 employees. BACKGROUND, ANA LYS IS, AND ALTERN ATI VES ID ENT IFIED Th e City of Englewood and th e En glewood Firefi ght ers Loca l 173 6 ent ered into wage negoti ati ons in M a• f 2003 i n accordance w ith the City of Englewoo d Chart er. Auth or ized rep rese ntati ves of th e E, n d Firefighters Local 1736 approved th e amendment to th e Coll ec tive Barga ining Ag ree ment. Th e o nly change to th e contract is in Arti cle 8, page I 0. Employees cove red by th e contrac t will rece ive no (0%) increase o n th e 2003 base wage rat e effec ti ve Janu ary 1, 2004. ATTACHMENTS EF FA Coll ec tive Bargai ni ng Agreement.