HomeMy WebLinkAbout2002 Resolution No. 003•
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RESOL TIO N No.L
SE RI ES OF 2002
A RE::'OL TIO N AUTHORIZING THE COLLECTl\lh BARG AIN ING CONTRACT
BETWEEN THE ENGLEWOOD POl,ICE BENEFIT ASSOCIAT ION AND TH E CITY OF
ENGLE WOO D FOR THE YEARS 2002-2003.
WH ERE AS, the previous Collective Bargaining Co ntract with the Englewood Police
Ber.e fit Association was fo r th e years 2000·20(ll ; and
WH EREAS, the City of En glewood a nd the Englewood Poli ce Benefit Association entered
into negotiation s in May, 2001 in accord an ce with the Englewood City Home Rul e Ch arter:
a nd
WHEREAS , impasse was decl a red in June, 2001 wh en t he parties co uld r.ot ag-ree on
ce rtain eco nomi c issues ; and
WHEREAS , an Arbitration Hearing was held on Nove mb er 12, 2001, which resulted ii,
t he Arbitrator ruling in favor of the EPBA : a nd
WHEREAS , s ince the Englewood Home Rule Charter provisions s pecify that the
Arbitraror's ruling is final a nd binding, the City is re quired to implement the final offer of
the Association ; nnd
WHEREAS , the members of the E uglewood Police Be nefit Association duly r atifi ed , by a
majority of th e members , the Co ll ec ti ve Bargaining Co ntract: and
WHEREAS , approva l by the Engle wood City Co uncil of the Coll ective Bargaining Co ntra ct
be tw een the Englewood Poli ce Benefit A3sociation and the City of Englewood for th e yea rs of
2002 • 2003, is hereby given :
NOW , TH EREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E 1GLEWOOD , COLO RADO , AS FOLLOWS :
~-The Ci ty Council of the City of Englewood, Colorado h er eby appr oves the
Co ll ective Bnrgnining Contract betwee n the Englewood Poli ce Benefit Association and the
City of Englewood for the ye a rs of 2002-2003, attached hereto as Exhibit A .
Si:i:ilim...2. The Mayor and the City Clerk are hereby authorized to sign and attest the
Co ll ective Bargaining Contract between the Englewood Police Benefit Association and the
City of Englewood, Co lorado.
ADOPTED AND APPROVED this 7th of January, 2002.
~
I, Loucrishia A. Ellis, City Clerk for >it• City of Englewood
above is a true copy of Resolution No ."'2_, Series of 200 .
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CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD POLICE BENEFIT ASSOCIATION
FOR THE YEARS 2002 -2003
This reproduction of the 2002-2003 Contract has been prepared by th, Human Resources
Department for di st ribution to all covered Police officers so that everyont wi ll be aware of the
ri ghts and benefits co ntained herein .
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T
A
ARTICLE 1
ARTICLE 2
ART ICLE 3
ART ICLE 4
ART ICLE 5
ARTICLE 6
ART ICLE 7
ARTI CLE f.
ARTICLE 9
ART ICLE 10
ART ICLE 11
ARTICLE 12
ARTICLE 13
AR TICLE 14
ART ICLE 15
ARTICLE 16
ARTICLE 17
ART ICLE 18
ART ICLE 19
INDEX
PAGE
DURATI O '.\I OF C NTRACT.. .......................................................... 2
RE COGN!T!ON ................................................................................... 3
EM PLOYEE RI GHTS ............................................................................ 4
SEN IO RI TY ........................................................................................... 5
HOURS OF WO RK .............................................................................. 6
BIDDING PROCE DURES FOR SHIFT ASSIGNMENT ................... ~
SPECIAL ASS IGNMENT ...................................................................... 9
LAYOFF .............................................................................................. 10
COMPENSAT ION .............................................................................. 11
MER IT PAY ......................................................................... . .... 12
OVE RTIM E WO RK ............................................................................ 13
CALL BACK ........................................................................................ 14
STAND BY ............................................................................................ 15
AC TING PAY ...................................................................................... 16
CLOTHING ALLOWANCE .............................................................. 17
ANNUAL LEAVE ............................................................................... 18
HOLIDAYS .......................................................................................... 20
ADMIN ISTRA TIVE LEA VE .............................................................. 21
MILITARY LEA VE ............................................................................. 22
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ARTI CLE 20
ARTI CLE .it
ARTICLE 22
ARTICLE 23
ARTI CLE 24
ARTI CLE 25
ARTICLE 26
ARTI CLE 27
ARTI CLi . 28
ART ICL E 29
ARTI CLE 30
ARTI CLE 31
ARTI CL E 32
ARTI CLE 33
ARTI CLE34
ART ICLE 35
ARTI CLE 36
FUNERAL LEAVE .............................................................................. 23
JURYDUTY ........................................................................................ 24
LE A YES OF ABSE NC E (W ITH OU T PAY) ...................................... 25
PERS O NAL LE AVE... ...................................................................... 26
SHORT TERM DIS ABILITY ( STD) .................................................. 27
WORKERS ' COMPENSATION ......................................................... 29
INSURANCE ....................................................................................... 30
RETIREE HEAL TH INSURANCE ................................................... 31
PENSION / RETIREMENT PLANS .................................................. 32
RULES AND REGUL A TIO NS .......................................................... 33
TUITIO N REIMBURSEMENT .......................................................... 34
DUES DEDU CTION ......................................................................... 35
ASSOCIATION ACTIVITIES ............................................................ 36
LETTER OF CORRECTIVE ACTION ............................................. 37
DISCIPLIN ARY ACTIO N .................................................................. 38
GRIEVAN CE PRO CEDURE ............................................................. 39
EXCL US IVENESS OF CO NTRAC T ................................................. 41
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CONTRACT BETWEEN THE
CITY OP ENGLEWOOD
AND THE
ENGLEWOOD POLICE BENEFIT ASSOCIATION
This Conti 1Ct entered into by the City of Englewood, Colorado, and the Englew ood
PoEte Benefit Associ.cion has as it s purpose the promotion of harmonious relations between the
Cit y of Engle woo d and its employee s, a fair and peaceful procedure for the reso lution of
differenc es; the esta blishment of rates of pay and hours of work , and other conditions of
empl oy ment mutu all y agreed upon .
Exce pt whe re limited by express provisions else where in this Contract , nothing in this
Co ntract shall be construed to restrict, limit or impair the rights, powers and authority of the
City as granted to it by constitutional provision, statute, ordinance , charter or special act , the
exclusive power , duty and rights to;
A. Determine the overall mission of the City as a unit of go ve rnment.
B. To maintain .ml improve the efficienc y and effectiveness of City operations.
C. To determine the ~ervices to be rendered, the operations to be perform ed, th e
technol ogy to be utilized , or the matters to be budgeted.
D. To determine the overall methods, processes, means, job classifications or
pers onnel by whi ch City operations are to be co ndu cted .
E. To dir ec t, supervise , hire, promote , transfer, assign , schedule , retain or la y-off
emplo yees .
F. To suspend, discipline, discharge, a,.d demote for cause, all full -time perman ent
classified emplo yees .
G . To relieve employees from duties because of lack of work or funds, or under
couditions where the City determines continued work would be inefficient or nonproductive .
H. To take whatever other actions ma y be necessary to carry out th e w:she s of th e
public not otherwise specified herein or limited by a collective bargaining contract.
I. To take any and all actions to carry out the mission of the Cit y in case s of
emergenc y.
J. Nothing co ntained herein shall pr ecl ude th e City from conferr ing with it s
empl oyees for pu rposes of developing policie s to effectuate or implement any of the above
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en um erated right s. •
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ARTI C LE I. DURATION OF CONTRACT
A . This Contract shall take effect on January I, 2002 and shall continue in force to and
including December 3 I, 2003, provided that either party may reopen for negotiation Article 9,
Co mp ensation , only , by giving written notice of intent to negotiate an y o r all of that Article
pri o r to May 15 , 2002 . Sud. notice sh .II st ate the reason for re o pening negotiations, but such
St Jt ement sh all not entitle the other party to refuse to negotiate . Any su ch negotiations shall
proc eed as provided in the City Charter.
B. This C o nt ract , or an y part of it, may be terminated or renegotiated at an y time hy
mutual co nsent of bo th parties .
C. If any article or section of this C0ntract should be held invalid by operation o f law
o r 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 not be affected thereby and
this Contract shali remain in full force and effect, and the parties shall promptly negotiate for the
purpose of att empting to arrive at a murnally satisfactory replacement of such article ~, secti o n .
D. The parties agree and understand that provisions relating to employee,, covered by
this Contract shall in no way displace or modify present o r future statutory or ca; e law of the
State of C olorado .
E . The parties acknowledge that during negotiations which resulted in this C ontract had
the unlimited ri ght and opportunity to make demands and proposals with respect t•> any subject
o r matter appro pri ate for negotiation di scussions and that the understandings anC: agreement$
J rrive d at by th e parties after this exercise of that right and opportunity are set forth in thi s
C o ntract .
ARTICLE 2. RECOGNITION
The City recognizes the Englewood Police Benefit Association as the employee
organization certified by the City of Englewood as the excl ,sive representative for sworn Police
employees within the following bargaining unit :
Included :
Excluded:
All full-time, classified sworn police officers belo w r!,e rank of Sergeant of
the City Police Division.
All others.
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ARTICLE 3. EMPLOYEE RIGHTS
I. A full-time classified emp loyee who is not a confidential emplo yee , a man age rial
employee, or a supervisor shall have the right:
A . To form, join, suppon or panicipate in, or to refr ai n from forming,
joining, supp oning , or panicipat in g in any emplo yee organizati on or it s
la wful activities.
B. Bargain collectively through their cenified employee repre se ntative .
C. No emplo yee shall be interfered with, restrained, coerced or discriminated
aga inst bec au se of the exercise of these rights nor shall the right of an
individual employee to discuss employment concerns with the City be
infr inged upon .
2. The City and the Englewood Police Benrfit Association mutually agree th at • fair
an d im panial investigation of officers is deemed appropriate and necessary. A writte n policy has
been developed and included in the operations manual specific ally addressin g th e issue of
administrative and criminal investigations and employee rights . No changes will be made in thi s
policy without prior consultation and review with association representati ve(s) .
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ARTICLE 4. SENIORITY
For the purposes of this Contract, seniority shal l be determined fim by length oi
continuous full-time service with the City Police Division according to rank and seco nd by length
of continuous fu1l-time service with the City Police Division from the first date of hire, pro vid ed
th e employee successfully completed a probationary period . In cases where two or mo re
emp loyees have the same hire date, the badge number as issued by the Divisi on shall establi sh
pri ority of position on the seniority list .
After an employee successfully completes the probationary period, their name shall ap pear
on the senior ity list as of the first dat e of hire .
The seniority of an emp lo yee shall terminate under any of the following conditi ons :
I. When an employee has been laid off for a period of one year or more .
2. When a laid off employee fails to give notice of the employee's intent to return to
work within seven (7) calendar days after the City has sent, to the employe e's last
knc,wn address on file with the City , a certified letter requesting the empl oyee's
return to work.
3.
4.
When the employee gives notice bu t fails to return to work within ""en (7)
ca lendar days after the aforesaid letter has been sent to the employee.
When the employee's emplo yment with the City is terminated fo r an y reaso n.
5. When an employee is on leave of absence as provided under Article 22, Le a\'CS of
Absence (Without Pay).
6. If an employee is absent for three (3) consecutive regularly schedu led workin g da ys
without notifying the Director of Safety Services or immediate supervisor prior to
such three (3) days' absence without good cause as determined by the Director of
Safety Services.
7. Failure to return to work after expiration of a formal le ave of absence .
8. An emp loyee rehired but whose absence from City employment was less th an
eighteen (18} months will have their prior accrued seniority with the City rest0 red.
(See retirement plan documents fo r unique guidelines.)
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ARTICLE 5. HOURS OF WORK
The Polic e Divi sion shall obse.-ve office and working hours oecessary fo r the efficient
tra nsac ti on of thei r respective services.
A. Wo rk Week
A wo rkw eek is a regular recurr in g peri od of 168 hours in the form o f seve n
consec uti ve 24-hour peri ods. The wo rkw ee k need not be th e sa me as the ca lend ar
week. Th e wo rk week ma y begi n on any da y of the week and any hour of the da y
and need not be the same for all emplo yees .
B. Work Sc hedule
1. The work sch edul e for officers , in cluding roll call and mea l periods, shall
co nsis t o f five (5) eight (8) hour wo rk days; fo ur (4) ten (10) hour work
days; or oth er work sc hedule as determin ed by the Direc tor of Safety
Services.
2. Any change ie an officer 's bid o r assigned sc hed ul e (sta rting tim e, c:uittin g
time, scheduled days o:Q will be made in acco rd ance with paragraph C
except sc hed ul e changes may be made wi th out notice if the affec ted office r
ag rees.
Th e C it y agrees to re view with Assoc iation re pre se nt atives iss ues and co nc erns regardi ng
the meth od and poss ibl e compensa ti on assoc iated with sc hedul e changes.
C. Changing Wo rk Schedu les
The work sc hedule may be cha nged by the Direc tor of Safety Service s provided•
mi nimum fi ve (5) days advance r,otice is given. Work sc hedul es may be changed
wit hout advance notice in the case of emergencies as determined by th e Director of
Safety Services . When an employee's work schedule is changed for purposes of
training , special instruction, etc ., th e supervisor shall make a reasonable effort to
acco mm odate the empl oyee's int eres ts co ncerning the scheduled change.
D. Staffin g
E.
The need for an app ropriate leve l of staffi ng is recogn ized by the City fo r the
purp ose of effic ienc y and safety. The Poli ce Division will add ress chi s iss ue in
div ision polic y.
Meal Peri ods
Officers shall be gra nt ed a paid meal peri od of thirty (30) minutes for each ei11,ht (S)
hour work.shift. Empl oyees wo rking a ten (10) hour wo rk shi ft shall be all owed a
paid forty-five (45) minute me al period . An employee may con du ct persona l
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business during the meal period . The mea l peri od shall be au thori zed and
co ntrolled by the employee's supervisor .
F. Rest Periods
Employees shall be granted a paid rest period not to exceed fifteen {15) minutes
dunng aprroximate ly the first one-half of the employee 's regular work day and an
addition• fifteen {15) minute s rest break approximatel y in the seco nd one-half of
the work day. Rest periods shall be authorized and controlled by the empl oyee 's
sup ervisor.
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ART! LE 6. BIDDfNG PRO CEDU RES FOR SHIFT ASSIGNMENT
A. Se ni rity applicabl e to the se nio rity bid process will be det er min ed in accorda nc e
with the total length of continuous employment as a Polic e Officer wi th the City c,f Englewood .
Prior City emp loyme nt in ot her than a Poli ce Office r capacity wi ll not apply toward seniorit y.
Pro bati ona ry emp loyees will not be included in the bid process .
Bidding for Watc hes and Days Off
8 . The se niority bid system wi ll be applicab le to personnel assigned to the uniform
pJtrol bureJu o nl y, and will not be authorized in any othe r bureau or spec ial assignment .
The uniform patrol bureau commander wi ll develop and post a sc hed ul e prior to eac h year
for a twelve-month period .
A patro l office r in the uniform patrol bureau will bid once e1c h year in November for
assignments within four (4) three (3) month intervals .
There will be , ,o tal of five (5) non -biddable positions which ,hall cons ist of two (2) non-
biddable positions on Watch I and three (3) non -biddable positions on Watch Il, provi ded th at
any new pos ition(s) added to the uniform patro l bureau after January I, 1997, shall be non-
biddable positions, up to a maximum of nine (9) non-bidd able positions in the bureau . The
bidding process will begin with the most senior Poli ce Officer bidding the positions of their
choice . In the des ce nding order of seniority, each remaining Polic e Officer will have choice of th e
remai nin g biddable positions. All special ized positions such as crime prevention officer, traffic
office r, etc. wi ll not be open to bid. The specialized assignments along with any no-bid pos itions
on J watc h, ,v iii be in addition to the biddable position on each watch. Officers ma y request non-
biddable pos iti ons and an attempt will be made 10 accommodate them, but such pos iti ons wi ll be
ass igned at the discreti on of th e uniform patrol bureau co mm ander.
If an empl oyee fai ls to submit a bid in accordance with the bidding procedure, t he
empl oyee will relinquish the opportunity to bid by senior ity, and will be assigned at the
discretion of the uniform patrol bureau commander.
An empl oyee in an other assignment, who is reassigned to the uniform pat rol bureau will
occupy the position vacated by the employee the y are rep lacing. If other position s are availa bl e,
the emp loyee may request assignment to such positions, but may onl y be assig ned at the
discretion of the patrol division commander . The office r will then be allowed to bid at the next
bid process .
It is further understo od that shou ld a schedu le change for unforeseen emergency
circumstan ces .iri se, officers mJ )' be ass igned by the uniform patrol b•1reau co mmand er from one
shift to th e oth er to h.mdle whatever emergen cy situati o n exim during the duration of the
e mergency .
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ARTICLE 7. SPECIAL ASSIGNMENT
The Division will maintain a written process for !election and service including
performance of employees for special a.ssignments .
The Director of Safety Services will consult with the Association regarding any fu~ure changes to the selection process .
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ARTI CLE 8. LAYO FF
Wh enever th ere is lack of work, lack of fund s, or und er conditions where the City
de te rmin es co ntinu ed work would be inefficient or non -produ cti ve the appointin g auth ori ty shall
des ignat e th e pos iti ons in whi ch the la yo ff is to be made .
Th e ord er of layo ff shall be determined by the City Manager on th e bas is of th e qu,lit y
•nd length of serv ice provided by the empl oy ees in the affect ed areas. Quality of work will
includ e the empl oyee's tot •I emplo ymen t record. Thi s record includ es annual perform anc e
ev alu atio ns, co mm endati ons, disciplina ry actions , edu ca ti on, tr aining , etc. An y empl oyees who
have not ye t achi eve d perm anent or reg ular statu s or who have less than eight ee n (18) month s of
iu ll -tim e emp loy ment with the Cit y shall be laid off fir st, reg•rdl ess of perform•nce . Perm anent
em pl orces who are lai d off have th e right to be re emplo yed in their re spec tive class , in in ver se
ord er of layo ff, pr ov ided that such recall occurs within one (1) yea r of layo ff . Th e City's
obligati on to reemplo y an employee sh all be satisfi ed if it makes an offer of emplo yme nt to an
empl oyee within a classification for which the emplo yee is qualified . In the event th e employee
fail s to accept the offered employment, the offer will be deemed as denied and the emplo yee's
ri ght s with th e Cit y shall in all respects be terminated at the time. In the event th e qualit y and
length of service arc equal , seniority shall pre vail. An employee in a high er rank if laid off ma y
transfer to hi s/her pre vious lo wer rank provided the employee had permanent status in th e lowe r
rank. An emplo yee so transferred sh all have the first right of refusal to the form er high er level
pos iti oa th at the employ ee had held. The recall list sh all termin ate aft er twel ve (12) month s.
Empl oye es shall not co ntinue to accru e service credit , includin g se ni ori ty , or be eligibl e for
any Cit y benefit s durin g layo ff. In th e event of a layoff, affect ed empl oyees will be given as much
adva nce notice as poss ibl e.
ARTICLE 9. COMPENSATION
A. For the period January I, 2002 through December 31, 2002, the salary sc hedul e is as
follows :
POLICE OFFICERS MONTHLY ANNUAL
Poli ce Officer V $3,237.71 $38,852 .50
Police Officer IV $3 ,443 .62 $41,323.46
Police Officer ill $3,786 .66 $45 ,439 .94
Poli ce Office r 11 $4,165.70 $49,988.43
Police Officer I $4,581.01 $54,9 72.16
B. For the period January 1, 2003 through December 31, 2003, the sa lary schedule
shall be as follows:
POLICE OFFICERS
Polic e Officer V
Police Officer IV
Police Off.cer ill
Police Officer 11
Police Officer I
Bas: Sala rv
MONTHLY
$3,399.59
$3,615 .80
$3,976.00
$4,373.99
$4 ,810 .06
ANNUAL
$40,795.13
$43,389.63
$47,711.94
$52.487.85
$5 7,72 0.7 7
For the purpos es of dete rmining all emplo yee's base wage, the emp loyee's regul ar straight
time hourl y wage race anJ longevity shall be used, excluding all ocher forms of em pl oyee
co mpensation . (The abo ve provision shall be used only for the purpose of d •ining pension
benefits under the City and State pension plan .) In order to comply with Fa or Standards
Act, longevity will be used to determine ovenime compensation and calculated at the end of each
year.
Merit In crease
The wage increase provided for Police Officer 4th Class through 1st Class shall not be
co ns idered automatic, but rather based upon meritorious serv ice. Said merit increase may be
gra nted or denied co an y ind ivid ual Police Officer upon recommendation of the Director of
Safety Services and with the approval of the City Manager upon written notice co such individual
Police Officer. The dace in which the merit in crease is approved sha ll determine the new merit
an nive rsary date .
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ARTICLE 10. MERIT PAY
A. Each Police Officer I shall be eligible for merit pay in an amount determined by
the Director of Safety Services, up to a total o f $625 . for 2002 and up to a total of
$750. for 2003 .
B. Such merit pay shall be awarded in the exercise of the Director's di sc retion, based
up on specific written objective and subjective performance criteria de veloped by
the Director and made available to employees .
C Eligible employees who believe t hey meet the crite ri a for such an awa rd shall
submit ap plic ati ons to the Merit P ay Review Committee (w hich shall be
established by mutual agreement between the Union and Management prior to
December 31, 2001} on or before thiny (30} days prior to the employee's
employment anniversary date . The Committee shall make a recommendation to
the Director regarding the amount of the merit pay, if any, to be awarded to the
employee. The amount recommended shall not exceed the amount set forth in
Paragraph A, above . The Director shall promptly consider and make a
determination as to each such recommendation .
D. Employees hired on or before April 8, 1978 shall be paid longevity co mpensation
in the amount of $48 .00 per month, or $576 .00 per year and additionally, shall be
eligible for merit pay .
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ART ICLE 11. OVERTIME WORK
A. Emplo yees covered by this Co n trace shall be compensa ted at tim e and one-half (I
1/2) th e empl oyee's regul ar hourly rat e of pay for all assig ned hou rs worked .:ive r
and above their regular DAILY wo rk sched ul e.
B. Overt im e sha ll not be pyramid ed, compounded o r paid twice fo r the same ho ur s
worked .
C. Th e City retai ns the right to assign overti me wo rk to any empl oyee qu ali fied to
perform th e wo rk.
D. Overt im e ava il ab le during a given wa tch sha ll be offered o n a voluntary basis to
officers worki ng th e preceding or succeeding watch , as appropriate, in order of
se ni ority. If no o fficer acce pt s, the least se ni or officer ma y be requ i:~d to wo rk the
overtime, an acco mm odation may be authori zed, or the City may, at its discretion,
ca ll any office r in to work the overti me .
E. Emplo yees who have wo rked overtime hour s ma y take time off in lieu of ove rtim e
pay up on mutual ag reeme nt betwee n th e emplo yee and the employee's superv iso r.
If th ere is no mu t ual ag reement , the empl oyee shall be paid . Such time off shall be
taken du ring the pay period in which it was earned and shall be paid in acco rdance
wit h the Fair Labor Stand ards Act. If the emplo yee is unabl e to take such tim e off
as a result of emergency o r un fo resee n circumstances, th e employee will be
co mp ensated at the ove rtim e rate of pay for such tim e.
F. Empl oyees req uired to atte nd firearms qualification on their off-d uty time will be
guJtJ nt eed two (2) hours overtime pay if the y successfu ll y quali fy during such
atte ndance . Emplo yees requir ed to attend firearms qualifi ca tion o n th ei r off-duty
time and who fail to qu ali fy wi ll be compensated fo r time act uall y spe nt in
atte nda nce at the qualification facility at th eir regular rate of pay unl ess pa ya bl e JS
ove rtime pursua nt to thi s Article.
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ART ICLE 12. CALL BACK
A. An employee on off-d uty status who is called back to duty shall be credited wi th a
minimum of two (2) hours of pay at the rate of one and on e-half (1 i /2) th e
emp loyee's regular hourl y wage rate .
B. An employee called back to wor k during the first two (2) hours prior to the start
of their regu lar shift shall be paid at the overti me me for all hours actua ll y worked
up to the starting time of their regular shift.
C. Sh ould any emplo yee be required u ·'fy befo re any court or divisional
adm inistrative heari ng as a res ult of hi s/her ,ffic ial duti es with the City, the time
spent by such employee in pro viding such ,e,ri1nony shall be co nsidered to be
work time. If such appea rance for re stin:uny ; ; at a time when the emplo yee
wou ld otherw ise be off duty , the employ ee shall be paid as provided under Secti on
A above. Th e employee shall pay to the City all witness fees, and other
compensatio n paid to the employee in conjunction with so testifying excluding
mileage fees. An employee who is called for witness dut y ;hall present to their
sup erv isor the original summons or subpoena from the court or at the w,:-lu sion
of suc h duty, sha ll provide a signed statement fr om the clerk of r.i ,, ~v~n-. or ~ther
evide nc e indicating the amount of time hi s/her person was requi .-,:d.
D. When an emp loyee is subpoenaed as a witness in private litigatio n to testify, not in
hi s/her offi cial capacity but as an individual , the rime abse nt by reaso ns thereof
shall be taken as any accrued leave or leave with out pay .
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ARTICLE 13 . STANDBY
Employees assig ned to standby duty shall be credited with two and one-h al f (2 .5) hours of
pay at the overtime rate of pay for each twenty-four (24) hour period , or portion thereof, during
which they are on standby . Employees assigned to standby for less than a twenty-four (24) hour
continuous period shall be credited with one (I) hour of pay at the overtime me for each such
assignment .
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ARTICLE 14 . ACTING PAY
All acting positions will be compensated at 100% of the pay for positions covered by this
Co ntract in which he/ sh e is acting as approv~d by the Director of Safe ty Services. The employee
must be in the posi tion for a period of thirty (30) con ,ecutive calendar days before said employee
becomes eligible for acting position compensation . t:ach pay will be retroacti ve to the fir st da y
sai d employee assumes the respon sibilities of the position .
ARTICLE 15. CLOTHING ALLOWANCE
A. The City shall furnish, or reimburse the cost of uniforms , including leather gear,
insignias, shoes and clothing, required while on du ty, and shall pay all com of mainten ance ,
repair and cleaning thereof, provided that reimbursement of such costs shall not be required if
approval of th e Division Chief is not obtained in advance . The City shall provide the necessary
cleani ng . All emplC'yees assigned to th e investigation bureau or polite administration for ., period
of thirty (JO) days or more and not required to be in uniform during work, shall receive a
monthl y clothing allowance of $75 . The employee shall be responsible for all lost or st ole n items
identified above, or damage to the same, as a result of THE EMPLOYEE 'S negli ge nce or
deliberate act.
B. The City will provide on a replacement basis a high quality bullet proof vest (0ack
jacket). Rep lacement shall be made once every five (5) yea rs , or at such earlier time as the City is
notifi e,'. of any event or condition rendering such a vest unsafe for its intended purpose . In the
eve •,t of specialized or customized vests, the City will pay the same dollar amount for the City
issued and authorized vest with the employee paying the differences in cost .
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ARTI C LE 16. ANNUA L LEAVE
Emplo yees shall earn annua l leav e at the following rate s.
Length Hours Hou rs
of Service per Month per Ye ar
0-4yea rs 8 96
5.9 yea rs 10 120
10-19 13 .33 160
20 Jnd above 14.16 170
The ea rning limits for annual leave sha ll be as fo ll ows:
Length of Service
Q. 4 y<Jrs
5.9 yea rs
10-19 years
20 and above
)iours
,n
240
320
360
A. Annual leave shall nt1t ',c ~ nreJ to any employee until after com pl eti on of six {6)
mo nth s consecutive service with die C,,f.
8 .. The schedu le for use of annual le ave shall be determined by th e needs of the
department. Annual leave shal l be taken at a time convenient to ,nd approved by the Direct o· of
Safety Serv ice s. {See City of En~lewood Administrative Policy JO," Annual Leave ", for furth er
detai ls.)
Annu ,I Lea\·e Pav
The rate of annua l pay shall be the employee's regular straight tim e hourly r.ue of pay fo r
the empl oyee's regular job . Annual leave sh.JI be allowed only to the total hourly am ount
accumulated at the beginning of the leave, as verifi ed by the Director of Safety Services
Work During Annual Leave
If after the employee has btgun their annual le ave and the City requires th e employee to
work during the sc heduled annual leave period, the employee shall bf! compensated as foll ows:
A. The emplo yee sha ll be paid for all hours worked at til e overtime ra te.
8 . Th e emp loyee shall not be charged with annu al leav e fo r the number of hou rs
wi rked .
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L:sage
There shall be a o ne -week minimum on use of annual leave time, unless otherwise
authorized by the Directo r of Safety Services or his /her designated representative.
The maximum use of annual leave shall be no greater than the amount accu mulated by the
employee prio r to the starting date of the employee's annual leave request , and in no eve nt shall
the annual le ave exceed four (4) consec utive weeks unless otherwise autho rized by the Direct0r of
Safet y Se n •ices.
Annual Leave Pay Upon Separati0n
Any employee who is se parated fr om the service of the City, i.e., retiremr nt , termination
o r la yoff, shall be compensated for the unused annual leave time accumul.,, .,: •t the time of
separati o n at the employee's regular hourly wage rate . Annual leave is not tt :e •i<ed v, extend an
employee's date of se paration .
Bidding fo r Vacations
Each officer will bid one vacation , by seniority, for the ye.r's period ,Ja,1tw·y I thro ugh
December 31. Additional vacation periods will be granted, on .• , ·sr requested basis, o nl y after all
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se ni o ri ty-bid vacations have been sd1edded. •
The bidding process for vacations will take place in November as sc hedul ed by the
uniform bureau co mmander after completion of all bidding for watches and da ys off.
Vacations ,re expec ted t0 be scheduled in good faith by eac h employee and shall specify
the exa ct dates desired.
In the uniform pat rol bureau , not mo re than four (4) office rs per w1tch will be scheduled
for vacation or h olida y leave at the same time , unless approved by the Director of Safety Services .
Within th e bureau, not more than two (2) o fficers will be scheduled for vacation at any one time
unl ess •l?p roved by the Director of Safety Servi ces. Vacation within the investigations and
administration div ision ., will be scheduled by th ei r divi sion commander according to seniority .
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ARTICLE 17. HOLIDAYS
A. All officers covered by this Contract shall be sc heduled for ten {10) holid ays off
with pay at the discretion of the Director of Safety Services or designee. Scheduling will be
dependent on the work load of the department . Upon mutual agreeme nt of the employee and the
Dire ctor of Safety Services, a maximum of five (5) holidays may be cashed out for pay in li eu of
time off. At the employee's option, one {I) holiday shall be guaranteed to be cashed out for pay
in lieu of time off . The rate of pay shall be at the employee's regular hourl y wage rate.
In the uniform patrol bureau, not more than two {2) officers per watch will be scheduled
for vac ation or holid a)' leave at the sa me time, unle ss approved by the Dire ctor of Safety Servi ces
or designee.
Holidays will be bid aft.er all vacations have been bid by seniority "'ith va cation s raking
precedent over holidays. The bid time for holidays is th e sa;ne os vacations according to bid
schedule, except that any holidays not scheduled or us ed by August I of th at year may be
assigned .
If after the employee has begun their holiday and the City requires the employee to work
during the scheduled holiday period, the employee shall be compensated as fellows:
I. The employee shall be paid for all hours worked at the ovenime Me.
2. The employee shall not be charged with !,oliday time fo,· the nu r,1ber of hours
wo rked .
B. Officers assign~d to the i1.1estigation bureau or orher special assignment shall be
all ow ed the reg~larl y observed City holidays and may be allowed a floating holiday option. The y
may be all owe d to exchange any of the below listed holidays for any other day in the yea r he /she
is norm all y sc hedul ed to work . Scheduling will be made with the approval of the Director of
Safety Services or designee. Holidays which may be exchanged are the following:
President 's Day
Veteran's Day
Friday after Thanksgiving
Labor Day
Memorial Day
Christmas Eve or New Year's Eve
If a holid ay falls on a detective 's regularl y scheduled day off, he will be given an alternate
da y off.
This provision shall also apply to police officers regularly assigned to special duty by th e
Direct or of Safety Services.
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ARTICLE 18 . ADMINISTRATIVE LEAVE
Administr ative leave with pay may be granted an employee at the discret;on of the
Director of Safety Services or designee . This leave is used when circumstances require i11 the best
interests of the City and/ or employee that th, employee should temporarily be relieved fr om
duty .
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ARTICLE 19 . MILITARY LEA VE
See City of Englewood Administrative Policy 35, "Military Le.-·e".
ARTICLE 20 . FUNERAL LEAVE
The Director of Safety Services shall grant leave with pay to an employee to attend th e
funeral of a member of the emp lo yee's family. The number of days granted shall be governed by
the circumstances of the case , but in no event shall they exceed seven (7) calendar da ys. For th e
purpose of this section, "emp loyee's family" shall mean the employee's spouse, or the children ,
grandchildren, parents , grandparents, brothers and sisters of the employee or of the empl oyee's
spouse.
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ARTICLE 21. JURY DUTY
See City of Englewood Administrative Poli cy 34, "Jury Oury and Witness Service"
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ARTICLE 22. LEAVES OF ABSENCE (WITHOUT PAY)
See City of Englewood Administrative Po licy 38, "Unpaid Leaves of Absence"
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l .RTICLE 23. PERSONAL LEAVE
All empk.) ,cs covered by this Contract on an eight (8) hour work doy shall be granted 48
personal le ave hours with pay and those on a ten {10) hour work day shall be granted 50 personal
leave hours with pay which an employee is entitled to use for rlie following purposes :
A. Err pl oyee 's own illness /injury
B. Illnes s/injury of emp loyee 's family
C. To attend to personal business
For an y employee who has not used the 48 or 50 personal leave hours ending October 31
of each year or an y rortion thereof, the Cit y will compensate said emplo yee for the unused time
at the emplo yee's 1>•oge rate to be paid during the month of November of that year . Personal
leave time shall not exceed the 48 or 50 hours as designated above nor shall it be accumulated or
carried over from one year to the next . Personal leave shall be scheduled and administered unde .
the direction of the Director of Safety Services for personal business . In the event of
illness/injury in which personal leave is requested, the employee shall notify their supervisor or
other person designated by the supervisor at least one (1) hour prior to their scheduled reporting
time.
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ARTICLE 24 . SHORT TERM DISABILITY (STD)
A. Definition
Upon corr ;,letion of 90 days of service, STD leave is granted for non -service connected
injuries or illnesses of an employee which prevents the employee from performing his /her duties
as a :::icy employee .
B. Provision
The City agree s to provide STD leave with pay for employe es abse nt as a result of
illness/injury as follows :
91 days -4 years
5-9 years
10+ years
347 hours
520 hours
693 hours
C. Accumulation and Restoration
STD leave shall not be accumu lative except that on January I of each year, the City shall
restore 100% of the number of hours previously used by an employee as follows :
91 days -4 years
5-9 years
10+ years
up to a maximum of 17 4 hours
up to a maximum of 260 hours
up to a maximum of 347 hours
Such restoration shall continue each year until such time as the employee accrues the
maxim um number of hours for which he or she is eligible und er Articl e 24 .B.
D. Utilization
I. Upon completion of 90 days of service, authorization for STD leave with
pa y shall only be granted after the first shift of disability.
2. Authorization for STD shall only be granted for the following reao'Jns :
a. Personal illness or injury not service connected, including
maternity related disability.
b. Service connected injury or illness only after the ninety da ys
descrihed in Article 25, Workers' Compensation , has been
exhausted.
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E. Sick Leave Option
All sick leave accr ue d by permanent employees prio rto January 1, 19 80 shall ves t with th e
employee, an:! may be use d in the following manner:
1. After the 693 ho urs as described above have bee n used unl ess the employee
is entitled to retirement as a result o f d isa bili ty .
2. Ry cas hin g in all accrued sick leave accu midated under t he prev io us pl an
upo n normal o r di sa bility retire m en t fr o m t he Cit y at the rate of one h o ur 's pa y for eac h
two hours o f acc ru ed sick leave o r o ne h o ur's pay fo r eac h fo ur hou rs upon sepa rati on
from the C ity.
3. By cash ing in acc rued sick le ave under t he pre vio us pl an , o nce eac h ye ar at
the conversio n rate of fo u r (4) h o urs sick leave fo r one (1) hou r pay, not to exceed a
co nvers io n of m o re t h an 400 ho urs each year .
F. Reporting of STD
T he employee or a member of the er,1ployee's h o usehold shall notify the employee's
superviso r at leas t 30 m inutes prior to the employee's scheduled reporting time. No STD leave
will be gra nted t o an empl oyee w ho fails to notify their su pervisor prior to t he beg inning of the
empl oyee's work schedule unless circumstances beyond the control of the employee would not
permit.
G . Ve rifi cat io n o f Di sa bili ty
If the Di · ec to r o f S,fery Services re qu in ,: a phys ician's state ment of disab ility, the Cit y
shall bear th e cus t of such phys ician 's st atemer,t .
H. Abuse of STD
An employee w ho makes a fals e claim for STD leave sh al l be subject to di sci pl inary actio n .
ARTIC LE 15 . WORKERS ' C OMPENSATION
A. For any on-the-job injury which causes any employee to be absent from work as a
result of such injury, the City shall pay to such employee his/her full wages from the first da y of
his/her absence from work up to and including the 90th calend ar d ay o f such absence , les s
whateve r sums received by the employee as disability v,ages under workmen's co mpensatio n.
After exh austion of the ninety (90) days if the employee is still disabled, he /sh e can utilize leave
under the provisions of Article :4 . The City reserves the right to require any employee o n in jury
o r dis ab ili ty le ave to s~bmit t o an examinatio n{s) by City-appointed physic ia n(s) ,n the Ci ty's
expense or und er the provision o f workmen's compensation or the retirement/ pen sio n provisio ns
as provided under State Statute.
B. All injuries that occur du ring "'orking ho urs shall be reported to the empl oy ee's
supervisor within 24 hours of the injury or before the employe~ leaves their department of
employment un ess circumstances beyond the control of the employee would not permit.
C. During the term of :his Agreement, the City shall pay one-hal l (1/2) of the state-
mandated contribution for death and disability pursuant to§ 31-31-811(4), ,.R.S., for o fficers
hired afte r Janu ary I, 1997 .
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ARTICLE 26. INSURANCE
A. MEDICAL
Th e City will pay eighty-five percent {85%) of the premium cost for single and
dependent coverage for medical insurance . Employees will pay fifteen percent {15 %) of
the premium cost for single and dependent coverage for medical in surance .
B. DENTAL
The City will pay eighty-five percent (~5%) of the pren,ium cost for single an d
dependent coverage for dental insurance. Empk,yees will pa y iiiteen percent {15%} of the
pre mi um cost for single and dependent coverage for dental insurance .
C. LIFE
Term life insuranc e will be provided by the City for employees covered by this
Contract in an amount equal to one year's salary as specified in Article 9.A or B,
Compensation, which ever applies , not to exceed $50,000.
D. Any dispute concerning the interpretation or application of benefits provided
,mder the health or dental plans shall be subject to the plan appeal process . It is expressly
Jnderstood that this article is a non-grievable ite m unr;er this Contract .
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ARTICLE 27. RETIREE HEALTH INSURANCE
It is understoo d and agreed by both parties that any referral to health insurance for retirees
or future retirees is not to be construed as a part of this Contract. The City agrees to pay 50% of
•he cost of coverage of the plan selected oy the retiree up to maximum of $75.00 per month for
employees who retired on or before December 31, 1994; and up to a maximum of $100 .00 ptr
month for employees who retire on or after Januaty 1, 1995 . It is th! intention of the City to
phase out this provisi on.
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ARTICLE 28. PENS!ON/RETIREHENT PLANS
Th e ~nsion plan description for employees covered by this Contract is set forth in
Title 3, Chapter 5 of the Englewood Municip.J Code .
Addit ion.Jly , the plan document for the City of Eng lewood Police Pension Plan ~CMA
Retirement Corporation Prototy pe Money Purchase Plan and Trust) is av ailable for inspection in
th e Department of Financial and Administrative Services .
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ARTICLE 29 . RULES AND REGULATIONS
A. Except as limited by the express terms of this Contract, the City retains the right
to promulgate reasonable rules, regulations, policies, procedures and directives. Said 111les,
regulations, policies , and procedures and directives which are an alleged violation of this
Cont ract shall be subject to the grievance procedure .
B. The City agrees to consult with the Union concerning the formulation of
changes of rules and regulations , policies, procedures and dir ectives.
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ARTICLE 30. TUITION REIMBURSEMENT
See City of Englewood Administrative Poli cy 29 , "Tuition Reimbur sement"
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ARTICLE 31. DUES D ED UCTION
A. The Ci ty agrees to d educt t he Associ at ion dues o nce each pay peri od fr om the pay o f
t hose empl oyees w ho indi v iduall y request in writing that such dedu ct :ons be made, subj ect to the
ga rni shm ent laws of the Sta te of Colo rado . The amounts to be d~d ucte,J shall be certified to ,he
City Fi nance and Administrative Services Director by the Treas urer o f the Associati on, and t he
aggregate de du cti o ns of all empl oyees shall be remitted together with an it emi ze d state ment to the
Tre,surer by the 15th of the suc ceeding month, aft er su ch ded uct io ns are made. The
auth orizatio n shall be revoca bl e during the term of the Contract , upon a t hirty (30) day written
no ti ce by the employ ee to t he C ity Finance and Administ rat ive Services Direcro .-.
B. If no wages are paid an autho ri zed employee on the last p ay period of a gi ven pay
peri od , ded uct io n fo r t hat pa y period will be made fr o m any wages which may be paid to
h im/her on the ne xt succ ee ding fi nal mo nt hly C ity pay period. Ir is express ly understood that
the C it y as sumes no lia bility and sh al l not be li abl e for t he co ll ec tio n o r pay ment t o t he
Ass ociation o f any dues during any rime that an employee is not ac tually wo rki ng for the City
and actu all y o n the pay roll o f the City . In t he ev ent of error o n t he check-off li st , rh e C ity wi ll
not be responsibl e t o make adjustments, unt il no tified by the Treasurer o f the Assoc iatio n .
C. The Associat ion shall indemnify and hold the C ity harmless against any and all
cl aims, suit s, o rders, or judgments brought o r issued against the City as a result of any acti o n
tak en o r not t aken by the City under the provision of this Article.
D . C hanges in th e dues amount ro be deducted shall be limited t o rwo (2) change; eac h
year, and prov ided a thi rty (30) day written noti ce is provided the City Finance D irecto r .
E. Sho ul d the change in t he dedu cti o n amo unt o r med,o d requ ire a co mputer
programming chan~e, the Assoc iat io n shall be res po nsibl e fo r t hai cost o f suc h change or changes ,
at S3 0 per ho u r with a fou r (4) hou rs maxi mum. Pay ment fro m t he Associati o n sh all be made to
t he City Fin ance Director within ten (10) da ys o f rece ipt of bill ing.
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AR TI CLE 32 . ASSOCIATION ACTIVITIES
The City agrees that during working hours on the City premises and without loss of pay,
Association representatives may be allowed to: attend Association-management meetings ; attend
negotiation sessions; post Association notice s on City designated bulletin boards ; solicit
Association memberships during emp lo yee's non-work time; and represent employees on
grievances and di sci plinai ~ matt~rs provided the work lo ad permi ts as determined by the Director
of Safety Services or desig nated representative and requires no oven;me pay.
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ARTICLE 33 . LETTE R OF CORRECTIVE ACTION
A. Oral Corrective Action -Whenever grou nds for corrective action exists and the
superv isor determi nes that the in cident , actio n or behavio r of the empl oyee is such that more
s, ve re action is not immediately necessa ry , the supervisor sho uld ora ll y co mmuni cate to the
employee the superv isor's observa tio n of the problem and offer ass istance in co rrecti ng the
situa tion . When an oral co rrectiv e ac tion is give n, th e supe rviso r shou ld en1ure th at the
emp loyee's de panmental persc..,nel fil e is docu mented to show the date of the co rr ect ive actio n
and the nature of the corrective ac ti on. The empl oyee shou ld be advised th at the corrective action
will be documented in th e empl oye e's depanmental file. Examples of reasons that may result in
an oral co rr ect ive act ion are li sted und er En glewood Munici.,al Code, Sect ion 3-lM -4.
B. Writt en Correc ti ve Act ion -When the sup ervisor deter min es th at a wr itt en
correct ive ac t io n is ap pro pri ate and necessary, th e co rrecti ve ac ti on shall be addressed tc, the
empl oyee Jnd shall include the viola tion; th e specific behav ior and the date s of the be hav io r
(w hen appro priate) that suppon the charge; th e warning th at co ntinu ance of this beha vior will
result in disciplinary act io n; and an offer of assis tance in correcting the beh av ior.
A signed co py of the corrective ac tion by the supervisor shall be included in the
emplo yee's officia l pe ts onnel file in the Emplo yee Relation s Offi ce, and the employee shall have
the opportunity to submit written comments in response to the corrective act ion to be included
in the fi le. After a peri od of one (I) yea r from the date of the filing of th e writien correc ti ve
action, the empl oyee's current and regu lar supervisor shall review said letter an d pro vid e a fo ll ow-
up letter indic.ting the status of the written corrective ac tio n. Examples of reasons th at may
result in a wr itten correc ti ve act ion are listed under Engl ewood Municipal Code, Sec tion 3-IM-4.
C. Th e em pl oyee · ,rains th e righ t to requ est an admi ni stra ti ve review of th e writte n
co rrective actio n. The Directo r of Safety Services shall devel op thi s ad min istra ti ve rev iew
p,oced ure whi ch shall at a minimum cons ist of a board with equal rep rese nt at ion of co mm and
staff to be selec ted by the Director of Safety Services , and Association members to be selected by
the emplo yee. Thi s boa rd shall be advis ory to the Director of Safety Services, and its findi ngs
sha ll be pl aced in the emplo yee'.~ pers onn el fi le. Th is Anicle shall not be grievable und er this
Con tract. If this pro ced ure is not o bserved , at the request of the Associati ,,n a mee ting may be
held between the Depanment , the Ci ty Man age r's office an ,i the Ass ociation to addres s this issue .
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ARTICLE 34. DISCIPLINARY ACTION
Disciplinary actions are those personnel act io ns administered against an employee for an
offensive act or poor job performance, which actions adversely affect the t urrent pay, current
status, or tenure of the employee.
I. Di sci plinary action penalties inclu de suspension , demotion , an d discharge of an
employee.
2. Disciplinary action may be administered concurrently with corrective ac tions.
J . Reaso ns for disciplinary action are defined under 3-IM-4 of the Municipal Code.
An employee shall be allowed at his /her discretiori one (1) ass oc iation representative to be
pre sent during predisci plinary meetings . This provis ion shall apply only when an employee
de sires th e assistance of an Association representative and only when the employee believes that
di sc iplinary action as defined above may be taken against the employee.
ART IC LE JS . GR IEVANCE PR OCEDU RE
A gri eva nc e is defi ned as an all eged violation concerning th e interpretation or applica ti on
of a specific provis ion of this Contract . The emplo yee and th e Ass oc iation shall br required to
follow the procedure as set out below .
fuJ1...l
If th e emplo yee/ A.,soc iation is unable 10 settle the grievance or dispute orall y and
informall y th ro ugh hi s/her immediate sup ervis or within seven (7) ca lend ar da ys of the date of the
occ urrenc e of the gr ieva nce, or the empl oyees kn owl edge of it , th e empl oyee may wi thin the
succeed in g seve n (7) ca lendar da ys file a wri tten grievance with hi s/her sup ervisor . The
sup erviso r shall attempt to re so lve th e matt er and shall respond in writing to th e empl oy ee within
seve n (7) calendar days. An Assoc iat ion or general grieva nce shall be presented dir ectly by the
Pr esi dent of EPBA or his des igne e to the Director of Safet y Services .
Step 2
If the grievance still remains unresolve d, it shall be present ed by the emplo yee to th e
Di vision C hi ef in writing within. seven (7) calendar da ys following receipt of the supervisor's
respo nse. The Di visio n Chief shall resp ond in writing within seven (7) calendar da ys.
Step J
If the grievance still remains unre so lved, it shall be presented by the employe e to the
Dir ecto: o f Safety Serv ices in writing within seven (7) cal endar da ys foll ow ing receip t o f the
Ui vision C hi ef's re sponse . The Director of Safety Services sh all respond in writi ng with in seve n
(7) ca lendar days .
Ste 4
If the gri eva nce still remains unres olved, it shall be pr esented by the empl oyee to th e City
Man age r in writing within seven (7) calendar days foll ow ing rec eipt of the Direc tor of Safety
Services ' response . The City Manager or his /her designated repre se ntative shall re spond in
writin g wi thin fourt een (14) calendar days.
Step 5
If the grievance is still unresolved, the emplo yee within fourteen (14) calend ar days after
th e repl y of the City Manager or hi s/her designated representative , ma y by writt en notice requ est
th e mmer be heard by an arbitrator. If within five days of the reque st for arbitrati on the
Associa tio n and the City cannot mutu all y ag ree on an imp arti al arb itrator, a request wi ll be filed
with th e Amer ica n Arb it ra tion Ass oc iati on for a panel of seven arbitrators to be se nt to th e
pa rti es. The arbitrato r shall be selected by a meth od of alternative striking of na~es fr o m ,he
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panel , wit h 1 'e first strike determi ned by a coi n flip . Th e fin al nam e left on th e panel shall be ,.he •
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Jrbirrat or. The arbitrator shall be request ed to issue a deci sio n wit hin thirty (JO} day s after
conclusion of testtmony and argument.
Each party sha ll be responsible for co mpensation to its own represe ntati ves and witnesses.
The fees of the arbitrator shall be shared equally by the Associatio n and the City . If either party
desi, .. · a verbatim record of the proceedings, it may cause such a reco rd to be made , provided it
pa ys iv.· the rec o rd and mak es copies ava il ab le to the arbitrato r. If the other party wishes to ha ve
a copy of th e tran sc ript, it shall share equa ll y all cos ts of the transcript .
Fai lure b:· an employee or the Association to comp ly with any time limitation sha ll
co nsti tute a settlement of the grie va nce . Should the employe r not resp o nd wi thin the prescribed
tim e, •he grievan ce will aut omaticall y proceed to the next step. At rhe empl oyee 's option , th e
emp loyer ma y be allowed additio nal time to respond.
Authority of Arbitrator
The arbitrator shall have no powe r to add to or subtract from or change the terms o f thi s
Contract. The written decision of th e arbitrator shall be final and binding upon th e parties . The
arbitrator shall limit his/her decision strictly to the grievance submitted which has been prop ,rl y
proc essed thro ugh the grievance proce dure outlined.
Processing Grievanc e During Working Hours
Grieva nces may be inven,gated and processed by the emp loyee and one (!) on-duty
association representative at the employee's request during wo rkin g hours wi thin reaso nable time
limit s without loss of pa y provided notice is given and the work load permits .
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ARTICLE 36 . EXCLUSIVENESS o;; CONTRACT
The C ity and the Association agree that the terms and provisions herein contain ed
constitute the entire Contract between the parties and supersede all previous communicat ions,
representat ives or agreements, either verbal or written, between the parties with respect to th e
subject matter herein . The City and the Association agree that all negotiable items have bee n
discussed during the negotiations leading to this Contract and, therefore, agree that nego ti.11 i ns
will no t be reopened on any item during the life of this Contract exc ept by mutual agree ment of
the parties.
IN WITNESS WHEREOF, the parties have caused this Co ntract to be signed hy th eir
respective representative s, and their signatures placed thereo n, on this _ day of J ir.uary, 2002 at
Englewood, Colorado.
CITY OF ENGLEWOOD
Mayor
ATTEST:
City Clerk
City Manager
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ENGLEWOOD POLICE BENEFIT
ASSOCIATION
Ted Atkinson
Andrea Fabianich
Michael Macon
Mark McCann
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COUNC IL CO MMUN ICATI ON
Date Agenda It em Subje ct
lan ua') 7, 2002 Co ll ec tive Ba rgai ning
I Oc iii Agreem nl Be tw ee n the Ci ty and
the EPBA fo r 2002 and 2003
In iti ated By
Huma n Reso urces Depa rt ment
I Staff Source
Sue Ea ton, D irec tor of Hum an Reso urces
COUNC IL GOA L AND PREV IO US COUNC IL ACTION
The pr evi ous Coll ective Barga inin g Agreeme nt wi th the Englewoo d Police Ben efi t Associ ation was
ap proved by Co uncil fo r 2000 and 200 I.
RECOMME NDED ACT ION
Staff req ues ts Cou ncil approva l of th e Coll ecti ve Bargain ing Agreement between rh e Englewood Poli e
Benefit Associa tion and th e City of Eng lewood fo r the yea rs 2002 and 2003 . The co ntract covers
ap proxi mately 6 1 employees .
BACKGROUND , AN ALYS IS, AND ALTE RNATIVE S IDENTI FIED
Th e City oi Englewood and the Englewood Polic e Benefi t Associa tion entered int o ne~o tiations in May of
200 I in ac corda nce wi th th e Ci ty of Englewood Charter. Impasse was decla red in l une whe n th e parties
could no t agree on ert ain eco nomic issues . A n arbitratio n hea rin g was held on N cve mber 12, 200 I ,
\\ hie!, res ulted in the Arbi trator ru ling i n favo r o f th e Associa tr on. Si nce Charter r-:ons spec ify th at th e
Arbitrator's rul ing is fi nal and bi ndin g, th e City is requir ed to implemen t th e fi nal offer of th e Assoc iation.
Th e signifi cant cha nges to the co ntr act are as fo ll ows :
1. nd er rt icle 9, "Compensa ti on", emp loyees cove red by th e Co ntract will rece ive a seve n an d two-
tenths perce nt (7.2°0) incr eas e ove r the 200 1 bas e w,1ge ra te, effec ti ve Janua ry I , 2002 and a fi ve pe rce nt
(5°/i ,) in crease ove r th e 2002 ba se wage ra te, effec ti ve lan uary I , 2003 . 111 ac ordan ce with Article I , A,
\\ age ra tes 111;:,,y be ubj ec t to nego tia tion for the year .:!0 03 .
~-Art icl 15. "Cloth ing All owan ce", was arn encl ed to increase the clo thin g all owa n,:c for non-uniform
o ffi ce rs to S7 5
3. Arti cl 5, "Hmrrs of Work" was modifi ed to stan dard ize the work schedu les of un iformed and non•
uniformed offi ers .
4. Ar ticl e 10, "Merit Pay " w ill be increase d from $500 p er yea r 10 5625 p er yea r In W02 and $750 per •
yea, ,n 2003 .
FIN ANC IAL IMPACT
The im pa I of th e increase i n wages and merit pay is approxi mately $209,057. fo r 2002 and $156,8 13. fo r
2003.
LIST OF ATTAC HMENTS
Pr op osed Resol ut io n
EPB A Coll ec tive Barga inin g Agree m ent fo r 2002 an d 2003 .
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