HomeMy WebLinkAbout2002 Resolution No. 078•
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RES OLUTIO N NO. 2I
SERIES OF 2002
A RESOL UTIO N AUTHORIZING TH E COLLE CTIVE BARGAINING CONTRA CT
BETWEE N THE ENGLEWOOD !'fREFIGHTERS LOCAL NO . l 73 t AND THE CITY OF
E NGL EWOOD FO R THE PERIOD OF JA NUARY 1, ~003 THRO UGH DECEMBER 3 1, 200,1.
WHEREAS . the Engl ewood City Co un cil a uthorized the Co Ucctive Bargaining Co ntract
betwee n the Englewood Firefi gh t-, Loca l No. 173 6 a nd the City of Englewoo d for th e yea rs
200 1 a nd 2002 . by the passage c, d eso lutio n 52 , Seri es of 2000; and
WH EREAS. the Englewood City Co un cil a uthoriz ed t he CoUe ctive Barga ining Co n tr act
betwee n the Engl ewood Firefighte rs Local No . 173 6 and the City of Englewood for the yea rs
1999 n nd 2000. by the passage of Reso lution 107. Series of 1998; a nd
WHEREAS , the City of Englewood and t he Englewood Firefigh ters Loca l No. 1736
ente red into nego ti ati ons in May, 2002 in acco rdan ce with th e En glewood City Hom e Rule Charte r; nnd
WHEREAS . th e membe rs of the En glewood Fire fi ghte rs Loca l No. 1736 duly ratified , by
n majority of the memb ers , th e Co ll ec tive Ba !'ga ining Co ntract; and
WHEREA , s igni fi cant changes to the Co nti·act arc a s foll ows: (I) Employees cover ed by
the Co ntrac t will rece ive a four a nd one-ha lf pe rcent (4.5%) increase ov er the 2002 base wa ge
rate, e ffec tive J a nu ary 1, 2003 . (2) Th e duration of the Co ntract is two years , but wa ges
and benefi ts for the ye ar 2004 will be negoti ated in 200 3. (3) A change in procedure for
ca lculating overtim e to com ply with FLSA re quire me nts will be impl e me nted. (4) A new job
clas s1ficn t1 on, F'iremedic ltl, has been add ed.
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
E NGLEWOOD , OLORADO , AS FOLLOWS:
~-Th e Ci ty Co uncil of the City of En glewood , Co lorado here by a pproves the
Co ll ective Ba rgaining Co ntrac t betw ee n the Englewood Firefighter s Loca l No. 1736 and the
Ci ty of Engl ewood fo r the period of Janua ry I, 2003 through Decemb er 3 1, 2004 , attached he reto as Exhi bi t A.
~-The Mayor and the City Clerk a re here by authoriz ed to s ign and a ttest the
Co llective Bar ga ining Co ntract between the Englewood Firefighter s Loca l No. 1736 a nd the
Ci ty of Englewoo d , Co lorado, for the year s of 2003 a nd 2004.
AD OPTED AND APPROVED this 5th of Au gus t, 2002 .
I, Loucrishia A. Ellis. City Cle rk fo,t.l),e City of Englewood,
shove is a true copy of Resolut ion Nd&_, Series of 200
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COLLECTIVE BARGAINING CONTRACT
BETWEEN
THE ENGLEWOOD FIREFIGHTER.~ LOCAL 1736
• AND
THE CITY OF ENGLEWOOD
FOR THE YEARS 2003 AJID 2004
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INDEX
ARTICLE RECOGNITION P:i,ge 3 • ARTICLE 2 EMPLOYEE RIGHTS P:i,ge 4
ARTICLE 3 BULLETIN BOARDS P:uge 5
ARTICLE 4 DUES DED UCTION P:i,ge6
ARTICLE 5 RULES AND REGULATIONS P:i,ge 7
ARTICLE 6 DURATION OF CONTRACT P:l!!le 8
ARTICLE 7 HOURS OF WORK P:uge 9
ARTICLE 8 COMPENSA TIO !, P~I0
ARTICLE 9 OVERTI.ME P:IJ!l= 12
ARTICLE 10 ACTi.NG PAY p"!!l= 14
ARTICLE II ANNUAL LEA VE Pagi,, 15 • ARTICLE 12 PERSONAL LEA VE P:igµ: 16
ARTICLE 13 DISABILITY -TEMPORARY P~!7 (SHORT TERM DISABILITY -STD)
ARTICLE 14 WORKERS ' COMPENSATION P:igµ: 19
ARTICLE 15 MILIT.-\RY LEAVE P~20
ARTICLc 16 FUNER.-\1. LEA VE Paige 21
ARTICLE 17 JURY DUTY AND WITNESS SERVIC E P~22
ARTICLE 18 HOLIDAYS P~23
ARTICLE 19 VOTING LEA VE P~2~
ARTICLE 20 TR.-\DING TIME L 25
ARTICLE 21 UNPAID LEA YES OF ABSENCE P~26 •
• lNDE X
(CONTINUED)
ARTICLE 22 UNlFORMS Page :::7
ARTICLE 23 Mil.EAGE REIMBURSEMENT Page :::s
ARTICLE 24 INSURANCE Page ::9
ARTICLE 25 LIFE INSURANCE Page :-0
ARTICLE 26 RETIREE HE AL TH INS URANCE REIMBURSEMENT Page :1
ARTICLE 27 LAYOFF Page :1
ARTICLE 28 TUlTION RElMBURSEMEl T Page :3
ARTICLE 29 SETTLEMENT OF DISPUTES Page :l4
ARTICLE 30 SUPPLIES Page :7
•· ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS Page:8
ARTICLE 32 DEATH AND DISABILITY ASSESSMENT Page 39
ARTICLE 33 EXCLl!SfYENESS OF CONTRACT Page.!()
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COLLECTIVE BAR GAINING
CONTRACT BET WEEN
THEE. G LEWOOD FU-..EFIGHTERS LOCAL #173 6
AND THE
CITY 0F ENGLEW OO D
FOR THE YEARS 2003 AND 200 4
This co nl rlcl is entered imo by and between th e City of Englewood (hereinafter referred to a,s
the "C ity") and the Englewood Firefighters (he re in after referr ed 10 as the "Union").
It is the purp ose of this co n1rac110 ac hi eve and ma intain hannonious relations between tin=
City and 1he Uni on: 10 provide fo r e4ui1able and peac eful adj ustm ent of differences which may arise
and 10 es tabl is h proper standa rds ,f wages . hours lnd 01her co nditions of em pl oyment
Exce pt where limite d by expr ess prov isio ns elsew here in this contrac t, nothing in thi:s
contra ct shlll be co nst rued 10 rcs1ric 1. lim i1. or impair. th e rights. po wers and authority of the City ms
granted to it under 1he law~ of the United Slates . the S1a1e of Colorado and the City's Charter :mid
Muni cipa l Code. The rig ht s. powers . lnd aut ho rit y include. but are not limited to , the following:
A. The determination ofFire Di vision po li cy in cluding the right to manage 1he affairs o f
the Fire !)i visio n in all respec ts.
B. Th e right to ass ib'Tl wo rk ing hou rs. including ovenime .
C. The righ1 10 es ta blish. modify or chan ge wo rk sc hedules, manning of app ararus..
arnoum of apparatus in the main or reserve lleel . elc .
D. The righ1 10 direct lhe memb ers of 1he Fire Division incl udin g lhe right to hi=
promote . transfer or di sci pline or disch arge for cause. an y fi re figh ter within the Fire Di vision .
E. Th e !abl e of organi zati on of the Fire Div isio n incl uding the right to organize arnd
reorgani ze the Fire Division in an y manner it choo ses . includin g the si ze of the Fire Division and the
determ in ati on of jo b classifi ca ti on and ranks based up on dutie s assigned .
F. The de1 erminat1 )n of1he safety . health and propeny protecnon me.sure for the Fare
Di vision .
G. The alloca ti on and as sii,'Tlm ent of work 10 all ~refighters within the Fire Divisiolll.
H. The determination of poli cy affect ing the sel ecti on or training of firefighters .
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I. The scheduling of operations and the determination of the nwnbcr and duration of
• hours of assigned duty per week .
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J. The establishment, discontinuance, mlldification and enforcement ofFire Division
rules, regulations and orders .
K. The transfer of work from one position to another within the Fire Division .
L. The introduction ofnew, improved or different methods and techniques ofoperation
of the Fire Division or a change in the existing methods and techniques .
M. The placing of service, maintenance or other work with outside contractors or other
agencies of 1he City .
N. The determination of the nwnber of ranks and the nwnber of firelighters within each
rank .
0. The determination of the amount of supervision necessary .
ARTICLE 1. RECOGNITION
The City recognized the Union as the organization cenified pursuant to the Charter of the
City of Englewood, as the sole and exclusive collective bargaining agent for all full-time classified
Englewood Firefighters including Firefighter, Driver-Operator-Engineer, Fircrncdic and Lieutenants.
The City agrees that it will not decertify or withdraw recognition of the Union as a result of any
member of the bargaining unit serving temporarily in an acting capacity in a position outside of the
bargaining unit.
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ARTICLE 2. EMPLOYEE RlGHTS
A. A full -time classified emp loyee covered by this contract shall have the right:
I. To form,join, support or participate in orto refrain from forming,joining, supporting
or participating in any employee organization or its lawful activities ; an~
2. Barg ci n collectively through their certified employee representative .
3. No employee shall be interfered with , restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual -miployce to discuss
employment concerns wit h the City be infringed upon .
4. See Rel ated City Of Englewood Policies :
• # 6 Equal Employment Opportunity/Harassment
• #47 Violence In The Workplace
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Exhibit I
Exhibit II
ARTICLE 3. BULLETCN BOARDS/UNION ACTIVITY
A. :ile City agrees to provide space in the fire station for Union bulletin boards that shall
be properly maintained by the Union . They arc to be used for the following notices:
I. Union meetings.
2. Union elections.
3. Reports of Union .. ommittccs.
4. Rulings of policies of the International Union .
5. Recreational or social affairs of the Union.
8 . The Union agrees that there shall be no other general distribution or posting by the
Union or emplo yees upon City property, provided, however, the Director of Safety Services may
permit other material not provided for above at his/her discretion to be posted or distributed. The
material posted shall not contain anything reflecting derogatorily upon the City, any of its emrloyees,
or any other organization of City employees . The City agrees that during working hours on City
premises and without loss of pay, lj ;iion members may be allowed to: attend Union and/or
management meetings, po st Union notices, solicit Union membership during em plo yee's aon-worK
time, and one on-durt representative will be allowed to assist an employee on grievances, or appeal::,
prov ided advance notice is given to the Director and the work load permits. The City shall provid:
relief for Union negotiators who are on duty during scheduled negotiating sessions .
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ARTICLE ~-DUES DEDUCTION
,~. The Cit y agrees to deduct the Union dues from each bi-week ly payc heck of those
emplo yees who indi vi dually request in writing that such deductions be made, subject to tine
garnishment laws of the State of Colorado . The amounts to be deducted shall be cenified to the City
Director of Financ e and Administrative Services by the Treasurer of the Union . and the aggreg=
deductions ofall emplo yees shall be remined together with an itemized statement to the Treasurer b:y
the 15th of the succ eedi ng month , after such deductions are made . The authorization shall be
revocab le during the tenn of the Contract , upon a thiny (30) day wrinen notice by the employee OD
the City Director of Finance and Administrative Services.
B. It is expressly understood that the City assumes no liability and shall not be liable far
the co llection or payme nt to the Union of any dues during an y time that an employee is not actuali~
working for the City and actually on the payroll oft.he City . In the event of error on the checkoff list.
the City will not be responsible to make adjustments , until notified by the Treasurer of the Uniom.
C. The Union shall indemnify and hold the City harmless against an y and all claims . SUill..
orders or judgment brought or issued against the City as a result of any action taken or not taken by
the City under the provision of this Anicle .
D. Changes in the dues amount to be deducted shall be limited to two (2) changes e:ic:i
year and provided a thiny (30) day wrillen notice is pro vided to the City Director of Finance :JIBd
Administrat ive Services .
E. Should the change in the deduction amount or method require a compu=
programming ch an ge. the Union shall be responsible for the cost of suc h change or changes. :m
53 0.00 per hour with a four (4) hour maximum . Pa yment from the Unio n shall be made to the Ci:Ity
Director of Financ e and Administrative Services wi thin ten (IO) days of receipt of billing .
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ARTICLE 5. RULES AND REGULATIONS
A. Except as limited by the express tenns of this contract, the City retains the right to •
promulgate reasonable rules, regulations , policies , procedures and directives . Said rules , regulations,
policies, procedures and directives which are :in alleged violation of this contract shall be subject to
the grievance procedure .
B. The City agrees to consult with the Union concerning the fonnulat ion of changes of
rules and regulations, polici~s . procedures :ind directives .
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• ARTICLE 6. DURATION OF CONTRACT
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A. This contract shall take effect on January 1, 2003 and shall continue in force to and
including December 31, 2004, provided that either party may reopen for negotiation Articles S and
24 only, by giving wrinen notice of intent to negotiate any or all of those articles prior to i\,fay 15 ,
2003. Any such negotiations shall proceed as provided in the City Charter.
B. This contract , or any part of it, may be terminated or renegotiated at any time by
mutual consent of both parties .
C. If any article or section of this contract should be held invalid by operation of law or
the District Court, or if compliance with or enforcement of any article or section should be restrained
by such District Court, the remainder of this contract shall remain in full force and effect, and the
parties shall promptly meet and confer for the purpose of anempting to arrive at a muru,!:y
satisfactory replacement for such article or section.
D. The parties agree and understand that pro visions relating to employees covered by this
contract shall in no way displace or modify present or furure statutory case law of the State of Colorado.
E. The parties acknowledge that during negotiations which resulted in this contract, e:ich had
the unlimited right and opportunity to make demands and proposals with respect to any subject or matter
appropriate for meetings and to confer and have discussions and that the u.,derstandings and agreements
arrived at by the parties after this exercise of that right and opportunity are set forth in t.'lis conn-act.
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) bours of work in nine (9) consecutive days, reoccurring work cycles
based on a twenty-four (24) hour alternating basis of Berkley system .
B. Employees assigned to non -s hift work sh.ill nonnaliy 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 and agreed that nothing berein shall be construed as
gllaranteeing employees a minimum or maximum number of hours per day or per week.
D. The schedule may be changed by the Director of Safety Services
provicied a minimum nine (9) day,; advance notice is given . Work schedules may be changed without
advanc~ notice in the case of emergencies as determined by the Director of Safety Services .
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ARTICLE 8. COMPENSATION
A. The salary schedule 1ha1 becomes effective on January I, 2003, is as follows , and reflects an
increase of 4.5 % over the 2002 salary schedule. Salary for 2004 will be negotiated in 2003.
Firefighter (probationary)
Firefighter Dl
Firefighter a
Firefighter I
Firemedic Dl
Firemedic a
Firemedic I
Driver/Operator/Engineer
Lieutenant
Regular Straight Time
Hourlv Rate
513 .2 4
515 .07
516 .57
518 .24
517.33
519 .11
521.03
520.05
522 .06
B. The pay rates identified in Section A. are calculated to provide 10% separation between
each rank from Firefighter Dl through the rank of Lieutenant. The benchmark for this calculation is
Firefighter I.
FIREMEDICS
I. In addition lo their regular hourly wage rate, qualified employees holding a rank of
Firefighter (FF!. FFil, rFDl) who are assigned and authorized by the Director of Safety
Services to perform on a regular basis Firemedic duties shall receive a I 5% wage
increase over and above the ::.ffected employees' hourly rate .
2. In addition lo their regular hourly wa ge rate, qualified employees holding the position of
Driver-Operator-Engineer (D-O-E) who maintain a current paramedic certification
(EMT-P) shall receive a 21/,% wage increase over and above the affected employees'
regular hourly rate. Any D-O-E who is EMT -P certified and is assigned as a Firemcdic
shall receive an hourl y rate for actual ho1.irs worked commensurate with the position of
Firemedic I.
C. The methodology used in de1ennining lhe hourly, premium/over1ime and J..'lllual
compensation is contained in Appendix A.
D. In addition 10 !heir regular hourly wage rate, shift fire investigators assigced and
authorized by the Director of Safety Services will receive :
• S.4 I per hour and
• sha ll be eligible for discretionary Merit Pay ofup 10 $600 each year, payable as set forth in
Paragraph E (2).
E. (I) Each em ployee appointed by lhe Director of Safety Services to one oflhe following
assignments shall be eligible for Merit Pay in an amount determined by lhe Di=tor, up
to a total ofS!,200.00 each year:
Hazardous Materials Team Leader/Instructor
Technical Rescue Team Leader
Safety Education Team Leader
or other assignmer.ts as determined by the Director of Safety Service s after consultation
with lhe Union.
(2) Such Merit Pay shall be awarded in the ex ercise oflhe Director's discretion, based
upon specific performance criteria developed by lhe Director and made available to
employee s. Merit Pay shall be determined and paid semi -annuall y, no later than June I
and December I each year.
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• ARTICLE 9. OVERT L'v!E
A. S1and ard Ovenime .
l . L"po n de1ermina 1ion that the rep onin g of assigned pe rsonnel to the du ty shift ie;
below the Ci ty es ta bli shed level, the ca ll 10 off-d ul y perso nn el fo r ov en ime will be made,.
2. No n-exe mpt em ploye es cove red by this contract working in pos it io ns other lham
lh ei r actual rank are co unted in acti ng ca pacity. In the even l req uirements necessit;Itee
positions be filkd with act ual rank . perso nn el of said rank will be ordered in .
3. No n-exempt em pl oyees covered by thi s co ntrac t shall re ceive ov enim e,
compensation fo r wo rk performed over and abo ve the assigned wo rk schedule. ..1Jl'.y
ovenime co mp ensa 1ion for trainin g shall be pursuant to the pro visio ns of the Fai r Labarr
Standards Act. All ove nime co mpen satio n shall be ca lculated at time and one-ha lf ( l '·::)
of the emp loye~·s reg ular wage rate.
4. The person working oven ime will be pai d actua l hours wo rked for that posiriom
which he/she tills . Th e method used to se lect l''•efigh ters 10 wo rk ovenim e siruarioms
wi ll be co nl ained in proced ures publi shed by th,· Directo r of Safety Se rvices. Tne,
pro ce dures will pro\'ide a fai r and eq ui1able dis1ribu 1ion ofoveni me among bargainin!ll
uni t emp loyees. Th e pro ce dur e will contair, a sel ection process whereby an eligibie,
individual will nol fo rfeit hiSJ her po si 1ion in the se lec tio n process if: less than a twe !ve.--
hour block of ti me is worked: if the employee is sick or on annu al leave; or if th is woulid
require the empl oyee 10 wo rk sev ent y-two (72) con sec uti ,e hours, or more . Refusa l terr
sickness wi ll be accepted onl y if the em plo yee was absent the las t dutydaydue to illnesas
or temporary di sa bilit y leave . Annu al leave is the period of li me from lhe end of the la.st
da y wo rked until the em pl oyee return s to du ty. However, if an emp lo yee is on annum!
leave . he,she has th e optio n 10 wo rk on any but his/her ow n shift .
5. If no off-d ut y perso nnel wish to work. the Shift Co mmander will orde r in lhe □mt
persnn he/she co nt acts fo ll ow in g lhe normal ro tat ion. lft he ovenime person is no t at tlru:
as 1 stat ion by the begi nn ing of the shift. the person he ld over fro m the previous shidi
sh~, 1 ... gi\'en overti me in quarter ( ~~) ho ur increment s.
6. lfa l an y time durin g lhe shi ft the absent personnel return s to duty , the ofli cer im
charge will rel ieve the person who came in to wo rk that ovenime position . The persom
workin g the O\'enime wi ll be paid a minimum of two (2) hours wo rke d. If more than twill
(2) hours are worked. hi' her time will be com pu ted 10 the neares t nex t half (1/,) hour..
7. No or.e ot her than the Directo r of Safety Se rv ices , the on-d uty Shift Comrnande::-,
or act ing Shill Co mm ander, Union representa ti ve . at lh e reques t o f the em pl oyee, wirtb
the emplo yee and manage ment perso nnel prese nt , shalJ have access to or re vi ew tlru:
oveni me C"-l"ds . Any perso n not followi ng this po licy or fo und tampering wi1h the ffi il,
will be subject to d:sciplinary act ion by the Director of Safety Services.
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B. Emergency Overtime .
C.
1. 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 non -exempt employees covered by this contraet work ov~time on an
emergency call back basis, that overtime shall be computed on a forty (4V) hour dut y
week wage basis.
Combined overtime.
l. When a non-exempt employee cove red 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.
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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 shifis before the emp loyee becomes eligible for acting position
compensation . Such pay shall be retroacti ve to the first day the employee assumes responsibility of the
position .
Acting assignments will be made according to the following procedure :
First Priority -Eligibility List
S,'Cond Priority-Personnel with DOE Check Off List
Third Priority -Discretion of Shift Commander
Acting Lieutena.']t
First Priority -Eligibility List
Second Priority -Personnel with Lt. Check Off List
Third Priority -Discretion of Shift Commander
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ARTICLE 11. ANNl.i AL LEA VE
A. Shifl wo rk emplo yees shall be entitled to annual leave according to the following;
schedule :
1-4 vears continuous se rvic e
5-9 years continuous service
I 0-1 4 years co ntinuou s service
Hourl y
Accumulation
Per "1onth
13 hours
15
19
I 5-19 years continuous service 21
20 + years continuous service 23
Houri /
Accum •il ation
Per Pa·, Period
6hour.,--
6.92
8 .77
9.69
10 .62
Annual Total
Hours
156
180
228
252
276
Shifts
6.5
7.5
9.5
10 .5
11.5
Annual leave shall not be granted to an y employee until he/s he has been in the employofthe Cir:v
for at le as t six months.
l:l . The maximum accumulat ion o f annual leave shall be rwo (2) times the employee 's nonna.i l
wmual leave accumulation .
C. Method of Sdcction -The selection f"c use of annu al leave shall be by seniority. The,
first round of se lec ti on begins by tho se empl oyees with g. •.:11e ~t seniority choosi ng first and those with'l
less seniori ty choosi ng last. The second round of selectio n .v iii begin with those hav ing less seniori r:y
choosing first anc tho se with more seniorit y choo si ng last.
D. Us e -Tl:e schedule for us e of annual leave shall be detennined by the needs of the,
Depanment. Annual leave sh al I be taken at a time convenient to and approved by the Director of Safe ~·
Services . When an emplo yee has sche duled annual leave through the nonnal method of selection and is,
subsequently transferre d to another shift. the Ci ty shall accommodate said employee 's original armwti l
leave se le cti on when not to do so wo ul d resul t in financial loss due to can cellation of travc:!
arrangement s.
E. Annual Leave Pay-The ra te of annual lea ve pay shall be the emplo yee's regular straightt
time hourl y rate of ~ay for he employee 's regular job and charged or. a working hour basis, excludin!l5
reg ular da ys off. Annual lea ve shall be allowed onl y to the total hourl y amount ac cumulated at the,
beginnin g of the leave.
F. Minimum Usage -Ther e shall be a one (I) shift minimum use of ann ual leave till!~ farr
shift workers with the following excepti on: If an emplo yee covered under this contraet has used all OJI
the personal leave provided to him,her fo r the year, the emplo yee may use annual leav e oflcss thar. one
(1 ) shift as approved and authori zed by the Directo· of Safety Services or ,,., Director's designatedi
representati ve .
G. Annual Leave Pa y L'pon Separation -A:~, emplo yee who is separated liom the service OJI
the Ci ty. i.e .. retirement . terminati on or layoff. shall be co mpensated for the unused ann ual leave time
accumul ted at the time 01 separat io n.
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ARTICLE 12 . PERSONAL LEAVE
All shift work employees covered by thfo contract shall be granted ninety-six (96) hours of
personal leave with pay which an employee is entitled to use for the following purposes :
A. Employee 's own illn e,ss/injury
B. Illness/injury of employr.-e's family
C. To attend to personal busim:ss .
For any employee who has not used the ninety-six (96) hours of personal lcJv e, 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 le:ive time shall not exceed ninety-six (96) ho= nor shall it
be accumulated or carried over from one year to the next. In the event ofillncss/injury in which personal
leave is requested , the employee shall noti fy his/her supervisor at least one (I) hour prior to the
employee's sched •Jled reporting time .
Those employees with balances in the "Compensatory Time Bank" as of January I, 2'l01 may
exhaust their balances, but no funher transfers into the banks will be allowed .
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ARTICLE 13. DISABlLITY -TEMPORAR Y (NON JOB RELATED )
(SHORT TER.l;f DISABILITY -"STD")
A. Definition -Temporary disability is leave granted for non-service connected injury air
illness of an employee which disa bility pre ve nts the emplo yee from perfonning his/her duties as 3 Cir:,
emplo yee .
B. Provisio n -During th e li fe of thi s co ntract , the City agrees 10 provide temporary disab ility
leave with pay for employees absent as a result of illn ess/injury at the rate of one hundred p==
(!00%) of the emp lo yee's regular wage up to nine hundred sixty (960) working hours, (one hundred
twenty (120) days/forty (40) shifts. I
C. Temporary disability leave shall not be accumulative except that on January I oi e:!C:ll
year, the City shall restore one hundred percent (100%) of the number of hours /day s/s hifts used by an
employee during the preceding year up to a maximum of 480 hours , sixty (60) days or twenty (20) shifts..
D. Utiliza ti on.
I. Authonzation for temporary disability le3 ve with pay shall only be granted a.f-.e:r
the first shift/da y of disability .
2. Authori zation fo r temp orary di sa bili ty shall be granted for the illness or injwy cr-f
the emplo yee not service connected. including maternity related disability .. (See relard
City Of Englewood Polic y# 31 "family And Medical Leave Polic y" -Exhibit III)
E. Sick Lea ve Option -All sick leave accrued by employees prior to January I, 1980. sb.'.lill
vest with the employee , and may be used in the following manner:
I . After the hours/days/sh ifts described above ha ve been used, unless the emplo~=
is entitled to retirement as a re sult of disabi lity.
2. By cas hing in all accrued sick lea ve accumulated under the previous plan upom
,,ormal retirement from the City at the rate of one (I) hour's pay for each two (2) hoW'S J-f
accrued sick leave at the employee 's regular rate or one (I) hour's pay for each four (..!:.)
hours upon separation from the City.
3. By cas hin g in acc rued sick leave under the previous plan , once each year JI tin:
conversion rate of f;-, 'I' (4) hours sick lea ve for one (I) hour pay, not to exc=d .a
conversion of more ,;;, our hundred (40(}) hours each year.
F. Reponing oi Temporary Disability -The employee or a member of the employe::''s
household shall notify the employee's Shi ft Commander at least thirty (30) minutes prior to tb:
employee's scheduled reponing time. No temporary di sa bil ity leave will be granted to an employe: wfuo
fails to notify their Shift Commander prior 10 the beginning of the employee's work schedule. rme
employee's Shift Commander ma y waive the reponing requ irement depending upon the circwns-.anc=s
surrounding the temporary disability .
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G. Verification of Disability -Per the City of Englewood Short Term Disability Policy
(#37), if absence from work is in excess of three (3) consecutive work days/s!Lfts, a medical release must
be provided by the employee . If the City requires the employee to seek a second opinion, the City will
bear the cost of the second examination .
H. Abuse ofTemporary Disability -Abuse of temporary disability occurs when an
employee misrepresents the actual reason for requesting temporary disability or when an employee uses
temporary disability leave for unauthorized purposes. An employee who makes a false claim for
temporary disability leave shall be subject to disciplinary action or dismissal.
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ARTICLE 14. WORKERS' COMPENSATION
A. For any work related injury/illness which causes any employee to be absent from work,
the City shall pay employee his/her full wages from the first day of his/her absence from work up to and
including the 90th calendar day of such absence, less whatever sums received by the employee as
disability benefit.sunder Workers' Compensation . The City reserves the right to require any employee
on injury or disability leave to submit to an examinations by City-appointed physicians at the City's
expense or under the provision of workers' compensations or the retirement/pens i.on provision as
provided under State statute .
B. All injuries that occur during working hours shall be reported to the employee's
supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of
employment unless circumstances beyond the control of the employee would not permit.
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ARTICLE 15. MILITARY LEAVE
Military Leave will be granted per the City 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 anend the funeral of
a member of the employee's family . The number of days/shifts granted shall be governed by the
circumstances of the ci e, but shall be at least one (I) d:ly/shift and in no event shalt they exceed thre e
(3) of the employee's regularly assigned days/shifts . For the pllIJlOses of this section "employee's family"
shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and
sisters of the employee or of the employee's spouse and other members of the family at the discretion of
the City.
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ARTICLE 17. JURY DUTY AND wnmss 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 his/her regular comper1sation and the fees received for jury duty or as a witness .
When he/she is subpoenaed as a wimei ,s in private li tigation to testify, not in his/her official capac ity but
as an individual , the time absent t,y rea ,on thereof shall be taken as accrued leave or leave without pay.
See City Of Englewood Administrative Policv Manual , #3 4 "Jury Duty And Witness Service" -Exhibit
V.
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ARTICLE 18 . HOLIDAYS
A. (l) Shift work employees 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 straight time hourly wage rate . Employees must notify the
Department by October l 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 JO, 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 a holiday pay cashout, but shall
receive the days off on the eleven ( 11) officially recognized City holidays provided the employee has
actually worked or had approved paid leave on the da y immediately prior to and following a holiday
unless otherwise approved by the Director of Safety Services . A shift work employee who is assigned to
a forty (40) hour assignment during the course of the year will be paid the pro rata holidaypaycashout in
November for the period that he was on shift work.
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ARTICLE 19 . VOTING LEA VE
Voting Leave will be granted per the City Of Eng!ewood Administrative Poljcv Manual. #39
"Voting Leave " -Exhibit VI .
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ARTICLE 20 . TRADING TIME
A. Employees may be pennitted to secure another Firefighter of equal 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 substillltes shall be signed by both Firelighters and approval of the Shift Cc-1,,!llander 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 particip ating in the
trade .
2. The reason for tra1i ng 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 Com.'l!ander shall
provide a w:itten statement to the requesting employee with the reason for denial of the
request.
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• ARTICLE 21. UNPAID LEAVES OF ABSENCE
Unpaid leaves of absence may be granted per the ~Englewood Administrative Policv Manual, #38
"Unpaid Leave of Absence"• Exhibit vn .
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ARTICLE 22 . UNlFORMS
A. ( l) If an employee is required to wear a uniform and/or safety equip ment, the
employee shall wear the unifonn and/or safety equipment only as authorized or required
by the division work rules . All employees shall maintain a presentable ap pearance while
on duty . The employee is responsible for any damage to the unifonn or safety equip ment
by negligence or deliberate act. The City will be responsible for providir.~ .Iii unifonns
and safety equipment.
(2) The Division on a replacement basis will bear the cost ofrep lacement unifonns.
TI1• new replacement unifonn will meet or exceed recognized industry standards .
B The Division will authorize and require specific shoes ?~1d wiil provide a footwear
reimbursement offifty percent (50%) of the cost ofauthorized footwear up to a maximum of51 30.00 per
year.
C Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire
Deparnnent for employees engaged in the Division 's physical fitness program . TI-,e r,bove clothing will
be provided according to an as-needed basis, determined by the Director of Safi:ty Services.
D. Cleaning -The Ci ty will be responsi',le for providing cleaning ro-. all uniforms and/or
safety equipment.
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ARTICLE 23 . MILEAGE REIMBURSEMENT
A Firefighter who is specifi cally authorized b·,-the Director of Safety Services to operate his/her
persc,nally owned automobile in conduct of City busuess sha ll be paid mileage in accordance with rl,e
City's vehicle mile age policy.
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ARTICLE 24. INSURANCE
A. MEDICAL
The City will pay eighty-tivP. (85%) of the premium cost for singl e rui d dependent
coverage for :nedical insurance . Employees will pay fifteen percent (15 %) oftb o :,rcmium cost
for single and dependent coverage for medical insurance.
B. DENTAL
The City will pay eighty-five percent (35 %) of the premium cost for single anll depemknt
coverage for dental insurance. Employees will pay fifteen percent (I S¾) of the premium ,ost for
single and dependent coverage for dental insurance.
C. It is understood and agreed that should the premium costs for ~i•. er of the Cir:, 'J
insurances be reduced during the life of this contract, the City and , . ·pl oyees will equally share
in the premium rate reduction.
D. Any dispute concerning the interpretation or application ofbenefits provided lll!dcrthe health
or dental plans shall be subject to the plan appeal process . It is expressly understood that this
anicle is a non-grie vable item under this contract.
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ARTICLE 25 . LIFE INSURANCE
Term life insurance will be provided by the City for employees covered by this contrac. in the
amount of one time his/her annual salary. The minimum benefit is 535 ,000 and the maximum benefit is
550,000. Upon retirement, the employee may conven the life insurance per the life insurance plan
conversion agreement in place at the time of his/h~r retirement.
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ARTICLE 26 . RETIREE HEALTH INSURANCE REIMBURSEMENT
The City agrees to allow retirees and future retirees a conversio n privilege to the he:ilth
insurance conversion plan avai lable through the City. For employees who retired on or before
Dec ember 31 , 1995, the City agrees to pay fifty percent (50%) of the cost of coverage of the heahl!
insurance conversion plan or other plan selected by the retiree up to a maximum of575 .00 per mon th
for the employee and including the employee's dependents. For en:.~loyees who retired on ,v ,.1{?
January 1, 1996, the City agrees to pay fifty percent (50%) of the cost of .;u ;oerage ofth~ :it!ti1
insurance conversion plan or other plan selected by the retiree up to a-maximum ofSI00.00 . ·1-:-
month.
It is the intention of the City to phase out r.his provision .
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ARTICLE 27. LAYOFF
Whenever there is lack of work, lack of funds , or other legitimate re3Sons requiring reductions in
the nwnber of employees , the appointing authority shall designate the positions in which the layoff is to
be made . Upon such determination, the required nwnber of emplo yees in th e affected position shall be
placed on a layoff lis t or tran sferred by the appointing authority, each in order of his/her ,elative length
and qual ity o f service as shown by the personnel records . Employees on layoff shall be recalled in th e
order of seniority provirled that those recalled have th e demonstrated ability and same qu a!i fications to
perform the available work as determined by the City. Any employee in a higher rank, iflaid off, may
traru;fer to the previous lower rank . The layoff list shall tenninate after eighteen (I~) months .
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ARTICLE 28. 11JITION REIMBURSEMENT
Tuition will be reimbursed per the City of Englewood Administrative Poli cv Manual , #29
"Tuition Reimbursement" -Exhib it vm .
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ARTICLE 29 . SETTLEMENT OF DISP UTES
A grievance is defined as an alleged violation of a specific provisio n of this conllact. The
employee and the Association shall be required to follow the procedure as set out below :
[fan emp lo yee is unab le 10 sett le the grievance or dispute orally and informall y through ttis, 1u::r
shift commander within fi ve (5) working days of the date of the occurrence of the grievance, or tine
empl ov:.-c's knowledge of it, the employee may, within the succeeding five (5) work days, file a wrim:n
grie vnn•e with his/her supervisor. The shift commander shall attempt to adj ust the matter and shaill
respon d , a writing to the emplo yee within five (5) work days.
If the answer is not sa ti sfactory, the matter shall be presented in writing by the employe,: to [be
D1vis1 c n Chief within five (5) work days following recei pt of the Shift Commander's response . rme
Division Chief shall re spond in writing to the employee within five (5) work days.
If the answer is not satis fa ctory, the matter shall be presented in writing by the employe,: to tine
Director of Safety Services within five (5) work days following receipt of the Di visio n Chiefs rcspons,,.
The Directo r of Safety Services shall respond in writing to the employee within five (5) work days _
If the grievance still remains unadjusted , it sha ll be presented by the employee lo the C:ily
Manager in writi ng within five (5) work days following receipt of the response of the Director ofSari:::y
Serv ices. The City Manager or his/her designated representative shall resp%d in writing within ten ( t•D )
work days.
Step 5
If the grievance is still unsettled , the Association. within ten ( I 0) work days after receipt of tfue
answer by the City Manager or his/her designated representative , may by written notice request tine
matter be submitted to either mediation 'r arbitration .
(a) Mediation .
( 1) If mediation is requested. the panies will attempt 10 mutuall y agree upon a
mediator . If within five (5) days of the request for mediation the Association and the City c:im.mt
mutuall y agree on the mediator, a request will be filed with the American Arbitration Association fur a
panel of seven (7) mediators to be sent 10 the parties .
(2) The mediator will be selec ted by a method of alternati ve striking of names fumn
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the panel, with th e first strike detennined by a coin flip . Th e fi nal na:ne left on the panel will be thie
mediator . The media tor will conve ne a meeting of the panies as soon as possible and anempt to develop
a senlement of the grievance which is acceptable to both panics. Any suc h senleme nt will be in writin!s
and will be dated and signed by representat iv es of the Association and the City and by the medi ator. Thi=
tenns ofany such settlement will be implemented by both panics . !fa senlement is not reached througi::l
the mediation pro.:ess , the mediator wi ll noti fy both pan ics in wri tin g that the media tion process ha,s
co nc luded . Such notice concludes the grie vance procedure .
(3 ) The fee s of the mediator shall be borne equall y by the Association and the Ci[:-':.
(b ) Arbitration .
(I) If the Associ a."on requests arbitration , the panics will attempt to choose 2
mutu all y agre eable arbitrator. If within five days of the request for arbitration the:
Association and the City cannot mutuall y agree on an impanial arb itrator, a request will
be filed with the American Arbitration Association for a panel of seve n arbitrators to bi:
sent to !he pan ies . The arbitrator shall be selected by a . ·1hod of alternative striking o!i
names from !h e panel, with the first strike determined by r.oin flip. Th e final nan1e le d
on 1he panel shall be !he arbitrator. Th e arbitrator shall t o req uest ed 10 iss ue a decision
within 1hiny (30) days after concl usion of testimony and ·gument.
(2 ) Each party shall be responsible for compensation lu its own representatives and
witnesse s. The fe es of the arbitrator shall be borne eq uall y by the Association and Im:
Ci ty.
(3 ) If ei ther pany desires a verba tim record of the proceedings, it may cause sucn 2
record 10 be made , provided it pays for the record and makes a copy available to thie
arbitrator. If the other party wi shes 10 have a cop y of the transcript it shall sh are all coSG
for the transcript.
Authori :v of Arbi trat or.
Th,, arbitrator s~all have no power to add to or sub tra ct from or change the terms of this Contrac::.
The wrinen decision of the arbitrator sha ll be final and binding up on the panies . The arbitrator shaill
limit his decision strictly to the grievance sub mitted which has been properl y processed thr ough thie
grievance procedure outlined.
Time Limits
Failure by an em plo yee 10 co mpl y with an y time lim itat101 , shall constitute a senlement oftht:
griev..i1ce . Should the emplo yer not resp ond within the presc ,ibed time, the grievance will automatica!Iy
proceed to the next step .
Grievance Option
It is agreed that should the appea l procedure as provided under 138 :3 of the City Chaner air
applicable ordinance provisions be utili zed , recourse 10 the grievance procedure included in this Artic!i!:
shall be waived .
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• Processing Grievm,e Dunng Work Hours
Grievances may be investigated and processed by the employee durin g working hows within
reasonable time limits without loss of pay provided notice is given and the work load permits . The
emplo yee shall be allowed to attend hearings while on du ty .
Oral an ,! Written Corrective Action
Oral Corrective Action •· Whenever grounds for corrective ac tio n exist and the supervisor
determines that the incident, action or behavior of the employee is such hat more severe action is not
immediatel y necessary, the supervisor should orall y communicate to the employee the supervisor's
observation of the problem and offer assistance in correcting the situation. When an oral corrective
act ion is given , the supervisor should ensure that the supervisor's log is documented to ~h..iw dare of the
corrective action and the nature of the corrective action . The employee should be advised !hat the
correctiv e action will be documented in the supervisor's log.
Written Corrective Action --When the supervisor determines that a written corrective action is
appropriate and necessary, the corrective action shall be addressed to the employee and shall include the
violation ; the specific behavior and the dates of the behavior \when appropriate) th~t suppon the charge ;
the warning that continuance of this beha vio r will result in disciplinary action; and an offerof assistance
in correcting the behavior.
A signed copy of the corrective action by the supervisor shall be included in the employee's
official personnel fi 1: :~ the Human Resources Depanment , and the employee shall have the opporrunity
to submit written comments in response to the corrective action to be included in the file .
If an employee disagrees with the letter of corrective action , the employee, within seven (7)
calendar days, may request a re view of the written co rrective action by the Human Resources Director.
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ARTICLE 30 . SUPPLIES
A. The City will provide and maintain supplies and equipment for the normal operation of
the Fire Division . These include:
I. Laundry : linens and cleaning of same .
2. All kitch n appliances and utensils, and repair and/or replacement of same.
3. Private phone in each station and maintenance and/or repair of same.
4. Maintenance ofT.V.s and recorders.
5. Items of hygiene (soap, toilet paper, etc .).
B. The provis hms of this Article will be unde r the control of the Director of Safety Services.
Individual abuse to be dealt with on an individual basis .
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ARTICLE 31 . DRUG TESTING AND PHYSICAL FITNESS
Drug testing and physical fitness are permissive subjects of negotiations .
The City agrees consistent with Article 5 of the Collective Bargaining Agreement to consult with
the Union regarding the fonnation of any drug testing policy or physical fitness program. In addition, it
is not the City's intention to institute random drug testing now or in the foreseeable future .
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ARTICLE 32 . DEATH AND DISABil..ITY ASSESSMENT
For firefighters hired on or after January I, I 997 , the conttibution required by , 1-31 -8 11(4),
C.R.S., shall be assessed equally a~·,ainst the City and such firefighter so that fifty percent (50%) of the
conttibution required by the state shall be assessed against the firefighter and fifty percent (50%) shall be
assessed against the City.
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ARTICL E 33. EXCLUSIVENESS OF CONTRACT
The City a11d the Union agree that the tenns aud prov isions here in contained C<"lstitute the entire
contract between the parties and supersede all previous communic ations, representations or agreements ,
either verbal or written , between the parties with respect to the subject matter herein . lhe City and the
Union agree that all negotiable it ems ha\'e been discussed during the negotiations leading to this contract
and, ther efore , agree that negotia tions will not be reopened on any item during the life of this contract ,
except by mutual consent of the parties .
IN WITNESS WHEREOF, the parties have caused this contract to be signed by their respective
rept'l's entatives and their signatures placed thereon, on this_ day of~ 2002 at Englewood,
Cok ,·adc,.
E:,.' :.1.EWOOD FIRE FIGHTERS
L0(..AL#l 736
P.i!I & ~
President ' v ?--
/7 I ,,.....---;) -''lj,c .,: 0y--
CITY OF ENGLEWOOD
Mayor
Attest:
City Clerk
City M~nager
40
Computation of Firefighter Pay
ihree shifts (A, B. and Cl provide 365 davs of fire coverage, 24 hours a dav, for a total ofj760 hours per vear .
8760 hours per year / 3 shifts = 2920 hours per shift per year.
365 da ys per year 1 9-da y cycle s = 40 .55 9-day shifts per year .
2920 hours per shift per year / 40 .55 9-day cycles per year= 72 hours per shift
FLSA law states that 68 hours in a 9-day cycle far firefighters are tote paid at straight time dlld ail excess
hours actually worked in a 9-day cycle are to be paicl at time and vne-ialf. Englewood firefighters are
scheduled to work 72 hours in a 9-day cycle.
The City pays straight time to all firefighters for the first 68 hours of their assigne11 72 hour work schedule
every 9-day cycle. Hours worked between 68 and 72 in the assigned work schedule are paid at the
premium rate (tim e and one-half.) If approved leave is used during the 9-<lay c;cle, those hours are
deducted from the 72 hours and premium pay is not paid if the tot?I hours acll :dily worked drop below 68 .
EXCEPTION: In addition, the City pays time and one-half for hours over and above the assigned work
schedule ho11rs in a 9-day cycle regardle ss of any approved, paid leave used during the 9-day cycle.
Per 9-dav cvcle pav calculation (using hourly rate for 2002 Firefighter I)
Regu lar hours 72 (straig ht time)
Prem ium hours 4 (half-time port ion of time and one-half(hours x hourly rate x .5))
72 hours @ 17.45 =
4 hours @ l 7 . ./5 x .5 =
1256.40
34.90
/29/.30 (74 hourspay (72 + (4 x .5))for 72 hours worked)
The above metho d of calculatio n provides the sam e result s as the method stated in FLS A as follows:
Re gul ar hours 68 (straight time)
Premium hours 4 (time and one-half (hour~ x hourly rate x 1.5))
68 hours @ 17 . ./5 =
4 hours @ /7.45x I .5 =
1186.60
104.70
/29/.30 (74 hours pay (68 + (4.t l.5}j for 72 hours worked)
Ail comp en sati on is based upon the hourl v rate.
Annual rate = hourl y rate x 2920 hours .
Monthlv rate= (hourly rate x 2920 hours)/12 .
Bi -weekly rate= (ho url y rate x 2920 hours)/26 .
Additional pav tll be included in overtime calculation.
Merit pay for arson investi gation. including discretionary amounts, and merit pa,· for the positions of
Hazardous Materials Team Leader/I nstructor, Technical Re scue Team Leader, and Safety Education Team •
Leader is also subject 10 ove rtime calculation .
Crc3lcd on 06,15,2002 4:-l9 P~t
City of Englewood Administrative Policy Manu
Human Resources Policies
Subject: Equal Employment OpportUnity/Harass
Number: 6
Effective Dote : 10-15-99
PURPOSE
. ~-
. . tit ~· "'""\. -t _~
To detine equu l emp loyme nt oppommiry :ind har:issmen1 :ind establish a complaint proce dur,,.
SCOPE
All City employees.
POLI CY
The City 1s dedi c1ted co the prin cipl !!s of equal l!mp loy ment op pom.ini cy in an y tenn . condition or ;,f:·:t:::ge of
empl oy mem. We do nm dis :rimin:ne agai nst applicants or l!mployees on the basis of age. r.ice. se~ . .:::tor.
religi on. national tJ rigin. dis ability or JO;' other surus prote?cted by federnl. sute or loc:il law . This ?rcC:ibition
include s unlawful h=ssment hosed on .U1Y oi these protected closses . Unlawful h0r:1Ssment inc!udes ·.-e:'i,aJ
or ph ys ical co nduct which hos the purpose or effect oi subs1:intially interfering with an ind ividual·, wca:
pen·ormanc~ or cn:.:itin g :m inumid:iting. hosti le or offensive work l!nvironment. This policy applies :o ~
emplo ye es includin~ manage rs . supervi sors. co-wo rkers, :111d non~mployees such lS citizens . cusrn~
clients . vend ors. co nsult :i.nts, etc.
Se.ual Harassmen t
Be c:i.use se:rn:i.1 h:1r.1S sment r.ti ses iss ue s thlt J.rC co so me e:t tenc unique in co mpari son to other har..ssm=::,t. the
City belie ves it warr.uns separ.ue emphasi s .
. e City st ro ngly opp oses se:rnal h:inss ment Jn d inap propriate sexual co nduct. Se .,ual har.issme:-:t is .:.efincd
as unwelcom e se:rn:.ti :idv:inc:!s . req ue sts fo r sexual favo rs. and ot her verbal or physical conduct of l EC.": :.ia.l
nature. whe n:
• Submi ssio n to such co nduct is made explicitly or implicitly a tenn or c.ondiricn of emp loyme:u :
• Submi ssio n to or rejection vf such conduct is used :i.s the basis '"or dec isions affecting JJ1 indi viciu:ir i
empl oy menc : or
• Such co nduc t has che purpose 1J r effect of substan tia ll y inte~· . .lng wi th an individual's work pe:-:·cr::nance
or cre ::mng J O imimi~::i ting , ho st ile or offen sive wo rk enviro nment.
All empl oy e~s :ire expected to co nduc t themse1 ~es in l profe ssio nal and t-usi ncss likc mnnner at :lll :i1"1'S.
lnapprop rilte se.,ual co nduct 1ha1 could lead 10 a claim of se.ual h0r:1S sment is ex pr,,ssl y prohi bited oy this
po licy . Such conduct include s. but is not limited to. sexually implici t or 1!:tplicit co mmunic:ition s ·.vhCOcr in:
• Wnuen fo rm . such :is c::irt oons. pos,ers. c:ilendars . note s. letters . E•mail :
• Verb:il fo rm. such .LS .:omments. jtkes. foul or obscene language of a sexual natu re. go ss iping or
que suo ns Jbout :molher·s sex lif~. or r-:pe:11cd unwanted l'equcstS for daces:
Ph ysic:i l gestures :in d oth er nonverbal t,~h avio r. such as unwelcome touching. grabbin g, fondling. CSsing,
m:1ssag mg. Jnd bru sh ing up JgJi nst Jnothe r' s body .
City of Englewood Administrative Policy Manual
Human Resourr.es Policies ------------------'
EEO/Har:wment Complaint Procedure
If an employee believes there hos been a violation of the EEO polic y or harassment based on the protected
classes outlined above, including sexual har:issment. he or she should us the following compla.int procedure .
The City expects employees 10 make a timely complain i to enable the City 10 promptly investigate and co rrect
any behavi or that may be in violation of this polic y.
Emplo ye es who belie ve there hos been a violation of the EEO policy or harassment should f r:t discuss this
matter with their immediate supervi sor or an yone within their chain of command with ••rho ·., the y feel
comfol'tllble in discussing these concerns . If the immed iate supervisor or someone in the employee · s chaiu of
command is the focus of the allegation . the n the emplo yee s~o uld noti fy the Human Resources Director.
If there is no resolution 10 the clai m as outlined above. 1he emp loyee shall then sune their cl aim in writing to
the Human Resoun:,s Director. Facts will be gathered to sub stantiate or dismiss the c!aim. Emplo yees found
10 have violated the City EEO/Har:iss ment poli cy will be subject to disciplinary ac ti on up to and including
tcnnination .
Complaints will be kept as confidontial as possible. The City prohibits rellliiation against an emplo yee for
filing J complaint under th is polic y or for assi sting in a complaint investigation . If employees percei ve
reuili:u io n fo r making a complaint or for partici~ating in an investigation. the y ,re to :,pin follow the
complaint proc edure outlined above . The si ruar ion will be promptl y investigated.
P:ige i
•
City of Englewood Administrative Policy Manual
Human Resources Policies
Subject: Violenc e in the \Vonq,lace
Numb er. 47
El!'ectlve Date: 5-31 , 00
PURPOSE
To set forth the City po lic y rcgaroing violence in the wo rk place.
SCOPE
All City employees.
POLICY
The Cicy is j edic:ite d to ma.intainin g :i work ~nv1ronrr1ent :Tee fro m :ncimi d.:m on, thre:i.ts. or ·,iol e:-:.c .r.s. This
inc lude s. but is r<Jt limite d to: i!1tiITUriJ.ting, threltenmg or ~ostile beh.r,io rs : ;i hvsic~verba i :fr ·1se :.
vandali sm: :irso n: sab otage : us e of ·.vc:ipons: c:irrying ·.veap or·A on(O ,mr premises : or ln Y 1Jlh i.":-__ ·wiuch in
managemenc 's opini on . is inappropn:ue m rhe wo rkplac :. ln :iddiu on. biz::ur! or offens,.,e commc::cs
regnrding ·1 iolen t c!VCncs and/or behavio r~ not toler.Hed . Our into le r:ince fo r ·1 iolence e:w:nds cc ;=:-;ans
C0Mected wi th our business incl uding customers. vendors or oth ers ·.vho inte~ct wi th our em pio:,i~.
A..11 y behavior listed :l.bo vc should be imme diate ly reported to a super,isor or :he Human Reso urc==
De panment . .->.Jdiuonall y. omp loyees should noti fy the u-;uper .. isor or the !:l uman Resourc es De;:=nt oi
pe rsC''lai si ru:iu ons rhac may impac t the 'Nork.place. C.>mplaints .,...m receive .mention llld the siru:ia:m will be
in vcsriga.ced . Based on :he !l:SUlts of :he inquiry. Jcti on will be take:,, which managemen t be!ic·,cs :.s
app ropri:uc. Emplo:,,c:=s should di rec tly co ntac t law i!:i.forc:ment ~e:s onn c! 1f :h ey be !ie•:e th ere :s .:m
immine nt th re:u to the safe ty :ind he:tlth of i!mployee s or property .
See "S e:m:h Jnd Seizure ", pol ic y ~ .18 .
Subject:
City of Englewood Administrative Policy Manual
Human Resources Policies
Family ond Medlc:,J Le:ive Policy
Number: 31
Effective Date : -1-3-00
PURPOSE
To co mpl y with the Family an d Medical Leove Act of 1993.
SCOPE
' r, .
' ,
To be oligible fo r Famil y or :vledical Loave, an emp loy ee mus t have wo rked for the City for at least 12
r::cnths and have worked at leas t 1.250 ho urs duri ng the prev iou s calen dar year .
An oligible employee wil l ile al lowed ro rak e up to 12 workweeks of leave during any rwe lve month period
fo r the followi ng:
• Birth of h!s/her chil d
• Placement of a child io r his/h er ado ption or foster care
• C1re of emplo:,ic :::'s chi ld . spo use or pa.re nt who has a "seriou s hc1ith conditi on.. •
• His/her own ··;e aous health cond ition · wh ich makes the employee una ble ro perform the fun ction s of
his/h er po si tion
Note : a ·· serious health condirion " of an employee or famil y member gene rally includes an y condition cltar
involves t1ither inparienr ct:r! or continuing rrearmenr as certified by an app ropriare health ca re provider.
Requirem ~nts
Notice -Human Reso urc es and the omployee s di rect supe rvi so r must be notified in writing of the request fo r
Fami ly and :0,(edical lea ve.
• When the leave is foreseeable , a spec ific notifi cation must h made 30 days before the expected date
of the leave .
• The emplo yee is rcsponsible fo r keep in g the supe rviso r and Human Resources informed of his/her
work st:m1s .
• Reasonab le n ek e of change in circumstan ces that requires either :in e:crension of the lc:ive or l11
inte nt io n of an earl y rerum. mu, be provided to Human Resource s and the employ ee· s direct
supervisor imme diate ly .
Certifica ti on -, req uest for P.vlL\ leave by an empl oyee due to his/her .. serious health co nd iti on .. muse be
certifi ed by :i n :ipp ropri ate hc:ilth cm provider in wnti ng. A ccnific at io n of chc "serio us hc :i lth condin on" of
a chi!d. spouse or parent is also required .
• The cenification mu st be provided to the City within 15 days ofreque5t.
The City may clarify :my information on cht he:iJ th cond itio n cenifi c:ition . •
• The City may req ue st subsequent op in io ns of l sec ond or thi rd health care pro vider. as des ignated .
approved and paid fo r t-y the City .
City of Englewood Adminis trative Policy Manual
Human Resources Policies
• Rc ~cmfic:mon of an emplo yee 's "serious he~th cond ition" may be requested wh1.n deemed
nece ss ary by 1he City.
Coordination of leaves -leave ieken fo r 1n Ol <i pl oyees ow n "serious heal th condition" which qualifies fo r
temp orary disabilit y or wo rkers ' co mpen sation benefits will be cou nted toward the 12-week period described
abo ve . All accru ed paid lea•" must be used prior 10 entering into unpaid Flv(LA leave .
• [n1ermi1ren1 leave or J red uc ed work schedule ma )• be permitted in the event of a "s~r ious health
conditi on·· of the enip lo yec! or qualifi ed fa mil y member. if mcdic:tlly necessary . The Cit y may require the
employee 10 tempor:m ly trans fe r to an av ailable alternate position that will ,ccommodate the City lS a
result of the altm:ri work scheoule.
• Lea ve tal<en for the bi rt h or plac ement of a child must be tal<en before :he end of the 12-month period
beginning on 1he da te of suc n birth or placement . [f 1he Ci1y emplo ys bo th husb and and wife . F!vlL.-\
leave ic lim11ed 10 a eo mb'ned to tal of le weeks duri ng this 11-mo nth period .
Return from f:',ILA leave
• When an F!v lL.-\ leave is the re sult or· the emp lo yee's ow n "seriou r heal th conditio n" he!• 11ay need to
pro v de :1 re~ert ifi c:uion to rerum to Jcti ve employment Jt the rime the FML..\ le:1 ve i n uded.
• U~o , rerum from RvlL.-\ leave. an employee will be restored 10 1he same or an equ 1· J position if such
rerum :mmediatel y follow s the lppro ved RvlLA le,ve.
• F:1ilr.1re to rcrum co \VO rk imme dia ce !y fo llowing the ~xp1r.mon of Jn employee ·s app roved P.vlLA leave
may resul t in tenru nauon of empl oy men t.
Employee benefit pro vis ions
For ,aid pe riods or F:1-ll.-\ ie,ve. the Ci1y wt!! mainr:tin and pro vide all be o•fits lS would ha ve been
provide d ii the emplo vee hld been workin g. To I e extent lppiicable. em?loyee co ntrib utio ns for all such
cov era g"! ·.v iii co nunu e in the same manner.
For unpa id pon ods of F:1-IL.-\ lea ve. d:e Ci1y wi ll m,im:iin 1he same gro up he:tl th coverage during th e
F:1-IL.-\ leav e a.s would ha ve been pro vided if the em pl oyee had been -.vo rking . Empl oyee co n1 rib uti ons
for ..:ovc r::i gt! will continue to bl! required .
For unpai d porlods F:1-IL.-\ lea ve. the emp loyee's len gth or service .,,11 be ch anged for the purpose of
det ermi nin g d igibility fo r vac:itio n :ind length or service used in dct e~11Ur.1.1 g continuous service related to
oth<r C:!V bene:;! plan s. The num bor of days of un paid lea ve 1al<en r ve. 1t.e first 3U days will be added 10
the ~mpl o~e~ · j ~•i ginal hare d:ne .
.. . -~
.. ,1 ~--
City of Englewood Administrative Policy Manual
Human Resources Policies
----:,.
Subject: Military Le:ive
Number. 35
Effective Date: 4-3-00
PURP OSE
To set forth the City's policy on militnry leJve.
SCOPE
All City emp lo yee<
POLICY
The Juthority for this polic;: is derived from the provisions nf Public LJw 93 -508 ( 197-l) JS ==c,,d by
Public LJw 9'1..286 ( 1976i.
The City is obligJted to gr.int miiit:ll)' leJve with pav for Jbsen= not «ceeding fifteen ( 15i cie:,dar days
per yeo.r in :11:coroance with the Jbove mentioned fede:-:il law . The City cannot require an empicyee to use
annu al lc:ivc for such purpos~s. The ~mployc e may. however. request use oi vac:uio n. ccmpcn.i;.:rory time. or
leave withou t pay to supplement Jbsences exceeding those covered by the fift een (15 ) day miliu.-:: le:ive
Jllowance.
MiiiGU"'V lc:ivc of lbscnc:~ ·vill result in no h.>ss of anv conditio n of ~molovment that would h.:ive :ior.nallv
occu~d if the emplo yee hod not been Jbscnt for su~h purposes. · · ·
Employees Jre responsible for providing their depmment di:t.:tors copies of :lli military order,; :hat will result
in J leave of Jbsence for active military duty. Employees ore also required to notify the ir supe:--isors at the
e:irliest possible date upon leJrning of scheduled military duty. The Ci~, will make a reasonnbie effort to
adjust wo ric schedules and assignments to accommodate employet".s fulfilling militnry obligaticns.
Employees wh o fail to rerum to work on the dote specifi ed in the leJve request. without receiving on
extension in advance , Jre subj ect to disciplinary octicn up to and including termination.
lnoc:ive duty tr.lining dotes (weekend drills ) should be provided to th e depomnent direc tor JS st:cn JS
available if the dates conflict with scheduled employment with the City .
P:ige ..t8
City of Englewood Administrative Policy Manual
Human Resources Policies
Subject: Jurv Dutv and Wimess Service
Number: J4
Effective Date: -1-3-00
PURPOSE
To establish the City 's po licy for empl ovee Jury Dur/ :,nd Wilness S<rvice .
SCOPE
All City empl oyee s.
POLICY
Lt!a ve ·.viil be ~ :1.med to :lI1 t:m plo ye:: c:li led fo r jury duty or :o :ippc:::ir :is a wirncss in his/he:-official ~::ipacity
in ob edienc: to a subpoe~a or direction by legal :iuthoriry . Tne :!mplo yee will receive their regular salary fo r
jury duty se rved . Any jury pay will be reimbursed hl che C:rv . The ~mploye: may reuin :iny rcimbursemcntS
for mileage :,nd parking . Emplo yees on jury duty or c:1Jled !lS !l wirness in their offic::il. C:ry c:1pac :ty wi ll be
cxpec:ed to wo rk :is mu..:h of :heir ;-egul:irly scheciuied worl::dJy as their jury duty schcd uie or :ippe:ir.u,c: in
court pcmms.
\Vhen :in !mployee is subpoenJed :is a witness in priva te !itigaLon to testify. not in his 1.. .;ial .::i pac ity but lS
an indi vid ual . accumulaced lc::ives will Jc: used to .:over the= ~i me lbsent. A.ll ac:umulace d le:ives must be
e:thaus,ed before the nm e JbSl!nt c:m be ca.ken :is le:ive wi thout pay .
P1rt ·{i me . beneiitS eligible= ~mployees wiil receive their rc~ui:ir pl y fo r the numbe r of hours regularly
schc=Cu ietl to work during j ury duty . lf j ny duty ::i11s on :i ?:irt•<irr.e ~mployee · s regular day off or during a
pe riod of :ipproved le:i ve, the ~mploye~ .viii rece ive no jur:, duty compe ns:u ion.
Emp loye~s will not be paid O'le:time or e:irn compens ator:" ti me fo r time ser1ed :lS :1 juror or :1 witness.
Overtime is co mputed on hours ocrually worked over forty ( JO ) hours !lt the !lSsigncd jo b.
An !!mp loye~ mu.st reru rn co work :iftcr being e:tcused fro m jury ducy if there :ire more than two (2) hours left
in their regul!!rly. scheduled wo rkday .
City of Englewood Administrative Policy Manual
Human Resources Policies
Subject: Voling Lellve
Number. 39
Elf~tive Date : 4-3-00
PURPOSE
To set forth 1he Ciry 's po :cy on VJling Leave.
SCOPE
All City employe:s.
POLICY
' _), I ~ '
: '
I ' .
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The Ciry will gr.inc !!mployees necessary rime off with pa y to vote in ~ener:iJ and primary d e::ti ons as
specified in Color:ido S1a1c Law .
Required lime off 10 vo1c wil l be gr.mted 10 an employee by !heir supervisor if:
• The :!mploye: is :i regisrered vmer.
• There is insufficient time fo r the ~mploye: to vo ce outside his or her rcguiar working hours .. ~ ~mployce
is considered 10 have suific icnl time if the polls are open a 101al of lhrce or more consecutive hours during
which 1imc 1hc employee is 001 wo rking for the City .
• No de duction from re~lar pay will be mnde for 1urhoriz:d time off to vote up co a ma.'timum of two
hours .
City of Englewood Administrative Policy Man
Human Resources Policies
Subject: Unpaid Leaves or Absence
Number: 38
Effecdve Date : 4-3-00 City :',laoagrs Signature
PURPOSE
Esmb lish City gu idelines on unpaid le.1ves of Jbsence .
SCOPE
All full-ti me ,nd pan-time benefics <ligi ble employees .
POLICY
Date
Afte r twelve month s of ..:onti nu ous scr1ic:: :ind up on approvai of lh e de partment dirc:::or. in ~onc~rre:ic: with
the Human Reso urce s Dircc:or, ~mpioyc::s ma y be grante d 1n unpaid leave of :ibsenc: ~f up to oni: yc:r fo r
comp elli ng perso nal re:iso ns not rel ate d co F:unii y ~(e dic:U L.!:ivc re:iso ns.
All :u:c:ued. paid ieJve muse be exh au sted befo re the begi nning oi the unpaid le ave oi Jbse nc:. Emp loyees
on suc h leave do not :icc:ue pcrson:tl le:i ve. :innua.J lea ve or longc•1icy pay. Emplo yee s on unpaid le:ivc of
abse nce Jre noc oligible fo r holida y, jur:,, milica,:,, fu neral or ,drninis1r.1c ive leave. When an omplo yee is on
JO unpaid le ave oi Jbsence. he/she will m,in remain in the City he:ilth ,nd Jenc:il insurance plans. pro vided
the employee portio n oi the premium is paid by the emplo yee .
The :::nploye: ma y rct::un the be ne ri t :ic::-u:il rn re they were ::ligible fo r :n che begin ning of the unp.ud lc:ivc.
pro v1Ced the ~mp loy ee reru ms ro wo rk wuh the City on rhe ::1 gre::d upon d:1te . Upon return. the :!mployee ·s
hire d:ite will bt'! adj usre C if che le:i.ve has ;:,'(c:et:!e d thirty 130) c:ilt'!~d:ir day s. The dep:inm em di re:::o r. in
con c:.i rr:nce wit h the 'f mo.n Rc:sourc:s Direc te r. wi ll determint'! the: ;!mp loye::·s ne:(t rcv te'.V d::Ht'!.
An emplo yee who engages in other ;!mp lo ymen t. incl udin g se!f-!!mpio ymenc. wh ile on offic:al lc:ive of
ab sen ce. wi ll be cenninac ed oifecr e as oi th e lase J oy worked. unless prior wrinen lpp roval has been
obtai ned from th e Human Resoui s De partment.
Emp loyees on JO app roved leave oi .lbsence . who fail co report fo r 'Nork by the first day ofter cne expi rat ion
date of che lc::ive of :1 bse nc: or J properl y ::1pproved extensio n. will be terminate d from th .;tr employment with
the Ciry as oi th e lase day Jcru all y wo rked .
Subj«t:
City of Englewood Administrative Policy Manual
Human Resources Policies
Tuition Reimbursement
Number. 29
Effective Date : -1-3-00
PURPOSE
To encourage the impro vement of employee skills and genern.J educat io nal level.
SCOPE
All benefits-digible City employee s.
POLICY
. -
,, ' . . . .
t .
L__ . -
Benerits~!igi ble ~mpl oyc es may panic!p:1te in the Tuition Reimbu rs emef)t Pro gr.un :u'ter they have
successfull y co mp leted om: ye:ir of ~onrinuous servi ce . This prc,gn m pertains to gr:ided classes :>.ppiied ro
AssoC::ue . Bache lor. Y(~ters . J.nd Doc:or:ue degrees from Jn :icc :-edited inst itution. Graded. single cl asses
directl y rela te d to an omp loye: · s dutie s are :ilso <iigible for this progr:,.m . PasSIF:iii classes and certifications
are to be covered by the employe:'s departme nt tec!i nic:il tr:iining bud get. Degre: prognms must be diredy
re !atcd to the ompl oye :'s dut ies wit h the City. The ma.,imum reimbursement ;e, emplo ye e is Sl.500.00 pe,
c::tlendar ye:ir .
Gt!ne :-:i il y. it is the prac ric ~ ch :n Ci ty dme or resonrc:s are not re be used fo r :ic:uiemic purposes .
• Normal City bus ine ss hours are no t to be used fo r academic purposes
(unless authorized by the City :'v(anageo .
• Cse of City l!q uipmem (computers. etc .) is illlowcd only :ifter City busine ss hours.
• The us e of City pers onne l fo r :ic:idemic ?Urpo scs is not pe rmissi ble during working hou rs.
Full-Time Employees :
• Publi c lnstitution • 100% reimbursement fo r tuition. associated mandatory fe es and required tes ts up to
annual ma:dmum.
• Pnvate [nst itution -Reimbursement up to pubLic institution r:ite fo r tuit ion and as sociated mand.itory fees
an d ,00% fo r required t°'ts for l combined toml up to the annu:il ma.,imum .
Part-Time Employees:
• Public Instirution • Re imbursement covers tuition. lSSociated mandatory r"e::s and requ ired texts to villious
le vels bn.sed upon the Jvcr.igc number of hours worked per week. S~heduie is :tS fo llow s:
30 to :9 .9 hours pe, we:k · 75% of current full-ti me e:nploye: ma.,imum .
15 to ~9 .9 hours per week• 60% of current full•umc ::mplo ye:: ma.,imum.
• 10 to 24 .9 hours per week· 50% of current full-ti me employee ma.,imum.
• P:iva ce In sti tu tion · Re imbu rseme nt up to public instinmo n rntc fo r tu ition and .issociated mand:ircr:,
fees: 100% fo r requi red texrs (up to the obovc ma.,imums ·,.
P:igc .!.I
COUNCIL COMMUNICATION
Date Agenda It em Subject
Augus t 5, 20 02 10 c i Collective Bargainin g Agreement
Between th e City and th e EFFA for
2003 an d 2004
In itiated By Staff So ur ce
Human Reso urces D epartm ent I Su e Ea to n, Directo r of Hum an Resource s
COUNCIL GOAL AN D PREVIOUS COUNCIL ACTI ON
Th e prev ious Collective Bargainin 0 Agree ment wi th th e Englewood Fire Fi ght ers As soc iat ion was approved
by Council for 2001 and 2002.
RECOMMENDED ACTION
Staff req ues ts Cou ncil apr · 1 of the Collective Bargaining Agreement between th e En glewood Fire
Fighters Assoc iati on and the (ity of En glewood for th e yea rs 2003 and 2004. The contract covers
approxi mately 45 employe es.
BACKGROUND, ANALYSIS, AN D ALTERN ATIVE S IDENTIFIED
Th e City of Englewood and th e Englewood Fir e Fighters Associatio n en t ered into negoti ati ons in May o f
2002 in accordance with the City of Englewood Chart er. Th e m embers of th e Englewood Fire Fight ers
Associati on duly ra tifi ed, by a maj ority vo te, th e Coll ec ti ve Barga inin g Agree m ent.
The significa nt changes to the co ntrac t are as fo ll ows:
1. Employees cove red by th e Contrac t wi ll receive a fo ur and one-half perc ent ( 4.S%) in crease over
th e 2002 base wage rat e, effective Janu ary 1. 2003 .
2. Th e durati on of th e co ntract is two yea rs, bu t wages and b enefits for 2004 w ill b e negotiated in
2003.
3. A cha nge in procedu re fo r calc ul ati ng ove rti me to comply with FL SA requ irements w ill be
implemented.
4. A new j ob c lassifica tion, Fi remedic Ill, has be en added.
FINANCIAL IMPACT
Th e impact of the salary in c rease on wages is approximately $72,287 for 2003. Th e cost for th e ch a ng e in
procedur~ fo r ov e rtime ca lc ulation is approximate ly $39,838. Th e addition al costs associated w ith the
$112,125 (Medi care a nd Pension match) are $10,595, fo r a total of $122,720.
LIST OF ATTACHMENTS
EFFA Coll ective Bargaining Agreement for 2003and 2004.
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