HomeMy WebLinkAbout1997 Resolution No. 081•
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RESOLUTION NO . 'i.f._
SERIES OF .1997
A RESCLuTION ADOPTING THE CO NTRACT BETWEEN THE ENG•LEWOOD
POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE
•YEARS 1998 -1999.
WHEREAS, with the passage of Re.solution No. 72, Series of 1996, the Eni!ewood City
Council authorized the Contract between the Englewood Police B-1'it Association and the
City of Englewood for the year 1997; and
WHEREAS, the Englewood Police Benefit Asso ciation h .. now 12.tified the Car.tract
between the City and the Englewood Police Benefit Association for che yean 1998 throu1;h
1999, aa a result ofnegoLations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF THE CITY OF
ENGLEWOOD , COLOKADO, AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hffeby a pproves the
Contract Between the Englewood Police Benefit Association For the Years 1998 . 1999,
attached hereto aa Exhibit A. ·
5.el:timL2. The Mayor and the City Clerk are hereby authorized to rign and attest the
Contract Between The City Of Englewood And The Englevrood Po!i:e Benefit Association
For The Years 1998-1999 .
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COJl'fJlAC'l' BftnD TIUI
CI'l'Y 01' DIGLIWOOD
llD TD
DCJLD00D POLICZ BD!irIT ABSOCUTIOB
roa TD YDllS u,a -1999
'!'?us reproduction of the 1998-99 Contract has bean prepared by the
C!<;y Administration for distribution to all covered Police officers
so that everyone will be aware of the rights and benefits contained '.:l.e:ein.
A
.lall • KO~ ~ ..
ARTICLE l DURATION OF COll'?RACT ' ARTICLE 2 RECOGNITION 3
ARTICLE 3 EMPLOYEE RIGHTS 3
ARTICLE 4 SEN IORITY 4
ARTICLE 5 HOURS OF WOR.'t 5
ARTICLE 6 BIDDING PROCEDtleS FOR SHIFT ASSIGNMENT 7
ARTICLE 7 SPECIAL ASSIGNMENT 8
ARTICLE 8 LAYOF. 8
ARTICLE 9 COMPENSAT ION 9
ARTICLE 10 LONGEVITY co~ou 10
ARTICLE ll OVERTIME WORK ll
ARTICLE 12 CALL BACK ).2 • ARTICLE l3 STANDBY l3
ARTICLE 14 ACTING PAY :J
ARTICLE 15 UNIFORM CLEANING ALLOWANCE lJ
ARTICLE 16 ANNU ~.L LZAVE 14
ARTICLE 1 7 HOLIDAYS 16
ARTICLE 18 ADMINISTRATIVE :.::.\VE 18
ARTICLE 19 MILITARY LEAVE 18
ARTICLE 20 FUNERAL LZAVE 19
A.F.TICLE 2l JURY DUT Y 19
ARTICLE 22 LEAVES OF ABS~ (WITHOUT PAY) 19
ARTICLE 23 ?ERSONAL LE,W!: 20
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• ARTICLE 24 DISABILITY • TIMPOlWlY (NON JO!I P.ELA'l'l!!O) 21
ARTICU: 25 ON•'l'HE--JOB INJURY • DISABILITY 23
ARTICLE 26 LIFE INSURANCE 24
ARTICLE 27 DENTAL INSURANCE 24
ARTICLE 28 HEALTH INSURANCE· EMPLOYEE/RETIREES 25
ARTICLE 29 RE'?IP.EMENT BENEFITS l7
ARTICLE 30 RULES AND REGULATJ:ONS 27
ARTICLE 31 TUITION REFONO 27
ARTICLE' 32 ::lUES DEDUCTION 27
ARTICLE 33 ASSOCIATION ACTIVITIES 28
AJlTICLE 34 LETTER OF CORRECTIVE ACTION 28
ARTICLE 35 DISCIPLINARY ACTION 30
ARTICLE 36 GRIEV~NCE PROCEDURE 30 • AJlTICLE 37 EXCLUSIVENESS OP CONTRACT 33
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QGLIPQOP PQLICJ BQIJ'IT AssocIATIOK
This contract eneared into by •->i e City of Englewood, Colorado,
and th• Engl e wood Pol.ice Sanefit Association ha■ as its purpo ■-the
promotion ot ha:r111onious relations between the City ot Englewood and
its employees, a tair and ?~acetul procedure tor the resolution ot
dif!erences; the es1:ablisl:ro•.ent of rates ot pay and hours ot work,
and other conditions of eI·,,loyment mutually agreed upon.
Excapt where l.u,,ita.:. oy express prnvisions e lsewhere in this
Contract , nothing in this contract shall be construed to restrict ,
limit or impair th• rights, powers and au.:h.::,rity of the city as
granted to it by ccmsti~tional provision, statute, ordinanca,
charter or special a=, tile exclusive power, duty and right.a to;
a. Date=i.ne the overall aisr;ion of the City as a unit of •
government.
B. To mainta.:..n and improve the effici ency and ••ffectiveness
of City operations.
c. To dete:r111.:..ne tile services to be rendered, the operations
to be performed, the technology to be utilized, or the matters to
be budgeted.
o. To dete=i.,,e the overall methods, processes, means, job
classifi.cati.ons or personnel by which City operations are to be
conducted.
E. To direct:, supervis e, hire, pr om ote , transfer, assign,
schedule, retain er l ay-off ru11 ployees.
F. To suspe,:d, discipline, dia~harge, and demote f.or cause,
all :ull-timP. pe=a..,ent classi:ied employees.
G. To reliev e et:tployees from duties because of lack of work
or funds , or under conditions wh ere the City determin~~ continued
work would be ine!:ic~ent or nonproductive, •
., H. To take wh;:itever other actiona •ay be necesaary to can;y
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out th• wi ■he ■ of the public not otherwi■-speciti.ed herein or
limii;.,_11 by a collective bargaining contract.
I. To take any and all actions to carry out the mission of
the City in cases of emergency.
J. Nothing contained herein shall preclude the City fro
conferring with its employees for purposes of developing policia ■
to effectuate or implement any of the above enUJ1erated rights.
ARTICLE l . DURATION OF CONTRACT
A. This contract shall take affect on January l, 199 8 and
shall continue in force to and includ::.ng December J::., 1 999,
provi ded that •ai ther party may reopen for negotiation Articles 9,
27, and 28 only, by giving written notice o f inten t to negotiate
any or all of those Articles prior t o May 15 , 1998 . such notice
shall state the reason for r ,,opening negotiations , but such
statement shall not entitle the ot.\l er party to refuse to negotiate.
Any such negotiations shall procaed a ■ provided in the city
Charter.
B. This Contract , or any part of it , may be t ■=inated or
renegoti ated at any time by mutual consent of bol:!l parties.
c. If any article or section of this Contract shcw d be held
invalid by operation of law or the District Court , er if c0111pliance
with or enforcement of any article or section should be restrained
by such Di .strict court, tlie ramainder of this Contract shall not be
affected thereby and this Contract shall remain in full force and
effect, and the parties shall promptly negotiate for the ;,ur;:,ose of
attempti ng to arrive at a mutually satisfactory repl acement of such
article or section.
o. The parties agree and un derstand that provis ioI".s :-e _at ing
to employ~es covered by this Contract shall in no way d.!.splace or
modify present or future statutory or case law of t:.h e State of
Colorado.
E. The parties ~cknowledge that dur ing negotiat~cns wh ich
resulted in th i s Contract, each had the unlimited rigct and
opportunity to mak e demands and proposals wit!l respe~ to a ny
subject: or matt:er a ppropriate for negot:iation d i sc:.1 ss i:ms and that:
the \Jllderst&ndinq ■ and agreem■nta arrived •t by the partie ■ after •
tb.ia ~iH of 1:11.At right and opportunity an Ht forth in thi ■
Contract.
AR'l'ICU: 2. RECOGNITION
'The City recognizes the Englewood Pol. i,ce Benefit Aa'lvciation
as the 8llployee organization certified by the city of Englewood a ■
the -clusive r~prasantativa for sworr. Police employees within the
fol-owing bargaining unit:
Included: All full-time, classified sworn police officers
below the rank of Sergeant of the City Police
DepartJDent.
Excluded: All others.
ARTICLE 3. EMPLOYEE RIGHTS
l. A full-time classified C!lllployee who is not a confidential
a.plcy .. , a managerial employee, or a supervisor shall have the
righ 't.:
A. To form, join, su::,port or participate in, or to
refrain from forming, Joining, supporting, or
participating in any employee organization or its
lawful activities.
B. Ba rgain collectively through their certified
employee reprasentati ve.
C. No employee shall be interfered with, restrained,
coerced or discriminated against because of the
exercise of these rights nor shal: the right of an
individual employee to discuss e :_oyment concerns
with thE, '.ity be infringed upon.
2. The City and the Englewood Police Benefit Association
muc-~ally agree that a fair and impartial investigation of officers
is •deamed appropriate and necessary. A written policy has been
developAd and included in the operations manual specifically
ac!drassing the issue of administrative and criminal investigations
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an::!. employee rights. No changes will be made in this policy •
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without prior consultation and reviaw with
repr•••ntative(■l.
a ■aociation
ARTICLE 4, SENIORITY
For th• purpose ■ ot this cantract, seniority shall be
detarmin•d tirst by length ot contimlou.■ rull-ti.Jaa service with th•
City Police Department according to L"llnk and second by length ot
continuous full -time service with tite City Police Department trom
the first date ot hire, provided the employee successtully
completed a probationary pe!"iod. Ir. cases whara two or more
employees have the same hire date . tile badge number as issued by
tha departl!lant shall establish ~crity ot pos i tion on the
seniority list.
Atter an employee successtully completes the probationary
pe riod, their name shall appear on the seniority list as ot the
first data ot hire.
The seniority ot an employee shal.l eerminata under any ot the
tollowing condition■:
l. When ,.o.n employee has 0 n il..aid otf tor a period of one
year or more.
2. When a laid ct! employee !ail s to give notice ct th:a
employe,.•s intent to rat= to work within seven (7)
calendar days atter the City has sent to the employge's
last known address on til.e with the City a r: rtitied
latter requesting the emplor ee's returr. to work.
3. When the employee gives n=ice but fai l s t:, return to
work within seven (7) calendar day~ after the atoresaid
let~er has been sent to the emp l oyee.
4. When the employee's emp l oyment with the City is
terminated for any reason.
5. When an employee is on leave ct absence as provided under
Arti cle 23 .
6. If an employee is absent f o:i: th::ee (J) consecutive
regularly scheduled work ing days withcut l"!oti ::yj :,g the
Director of Safety services o r i.=ediate superv .sor prior
to auch thraa (J) days' a.bHnca without g-ood cauaa •• •
datarmined by the Director ot Satety Sarvio ■a.
7. Failure to return to work attar expiration ot a tormal
leave o! absence.
a. An amployae rah1red but whoaa ab ■anca troa City
employment was leas than eighteen (18) months will !:lava
their prior accrued seniority with the City raator~d.
ARTICLE 5. HOURS OF WORK
The 'E'olice Depal"tlllent shall observe o!tice ,md worldn,;, llv.il:'>1
nacaaaary tor the efficient t ransaction ot their reapactiva
services.
A. Work Weak
A work weak is a reg.,lar recurring perj_od of 168 hours in
tha term ot seve,n consecutive 24-hour ,periods. The work
week need not be t:he same as the calnndar weak. Tha vorlc
week may begin on .!ny day ot the week and any hour of the •
B.
day and need not be the same tor all emp l oyees.
work schedule
l. The work schedule for otficers assigned to tha
uniform patrol bureau, including roll caJ.l and mea l
periods, shall consist of five (5) eight (8) hour
and fifteen (15) minute work days; tour (4) ten
(10) hour and fifteen (15) minute work days; or
other work schedule as determined by the Director
of Satety Services.
2. The work schedule for officers ass igned to t!la
investigation bureau or other special assignment ,
including meal periods , shall consist of five (5 )
eight and one-half (8-1/2) hour work days, four (4 )
ten (10) hour work days or other work schedul es as
determined by t.~e Director of Safety Services .
Any change in an officer's bid or assigned schedule
(starting time, quitting time, scheduled days ct!)
will be made in accordance with paragraph c except
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schacm.nia changH may be made 1oithout notice it the
atfec:ted otf.cer agrees.
The City agrees ·co NViev with Association raprasantatives
issues and concerns res;arding tb• method and possible compensation
associ ated vith schad:u.e cbang ...
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Changing Work schcdultt
The work scedu.le may be changed by the Director of
Satety ServL::as provided a mini.mum tive (5) days advance
notice is g£7en . Work schedules may be changed without
advance not~~• in th~ case ot emergencies as determined
by the Oire~or ot Safety Services. When an employee's
work schedu:l.e is changed for purposes of training,
spacial in=.iction, etc., the supervisor shall make a
reasonable e!'.!'.or,: to acc0111111odate the employee's interests
concerning toe scheduled change.
statfinq
The need f= an appropriate level of staffing is
recognized :y the City for the purpose of efticiancy and
satety. The ?olice Oepartlllent will address this issue in
deparbuanta~ policy.
Meal Pa~iods -Patrol Qf 4 icers
Otticers ass~gned to the unitor.n patrol bureau shall be
allowed a pa.id meal peri od ot forty-tive ( 45) minutes
each full wo::'k day, prov i ded that the meal period shall
be authorizec: and controlled by the employee's supervisor
and may be denied in whole or in part if the supervisor
dateniines tt::at circ\!J\lstances so require. An eployee
may conduct :,:,e=sonal bus iness during the meal period.
F. Meal Periods -Detectives
Officers ass :...,,-ned to the investigation bureau or othe~
spec ial ass i9=ent shall be granted a paid meal period of
thirty (JO ) ;minutes for each full work day. Employee,
working at= (10) hour work shi ft shall be allowed a
paid forty-f~7 e (~5 ) minute meal peri od . The meal period
shall be aui:!::.oriz ed ~nd cont=olled by the employee's
supervisor .
G. B11t Ptriod•
Employees shall be granted II paid rut pe, iod not to
exceed titteen (15) al.nut-■ durinq apprc,xlllately the
tirst one-halt ot the uiploy••' ■ regular vark day and M
additional titteen (15) minutes re ■t break approximately
J.n the second one-half ot the woJ:lt day_ llsst period■
shal.t be a11thorized and controlled by tile employee••
supe=isor.
ARTICLE 6. BIDDING PROCEDURES FOR SHIFT ASSIGNM!:ll'l.!
A, Saniority applicable to the seniority bid process wiU be
(letermined in accordance with tbe total leng-...h ct conti nuous
11111plcyment as a Felica Otficer with the City c! Enl;l•w•Jod. Prier
City 11111ployment in other than a Police Otficer ca.,::a.city will net
apply toward seniority. Probaticoa::y employees will net :,e
included in the bid precess.
Bidding for w,tches and pays orr
B. The seniority bid system will be applicahl.• to parscnnel
assigned to the uni!orm patrol bureau only, and will net be
authorized in any ether bureau or special asaigna41Dt.
The uniform patrol bureau commander will devlt.lcp and pest a
schedule prior to each ;ear fer a twelve-month period .
A patrol officer '~ ~e uniform patrol bureat:l will bid once
each year in ,lcvember for assignmlillts within fa= (4) three (J)
month inter,als.
There will be a total of f '.·1e (5) non-biddable positions which
shall consist of two(2) non-b i ddable position on Watch I and three
( J) non-biddable positions e n Watch II, provided that any nev
position(s) added ~o the uniform patrol bureau uter January l ,
1997, shall be nor. -biddable positions. The biddllg process will
begin wit.~ the most senior Police Officer biddL~g e:he positions of
their choice. In i:he descending order of senior:. ty , each remaining
Police Officer will have choice of the re=ining biddable
positions. All specialized posii:icns such as =ime pre.,,ention
officer, traffic officer, e tc. will net be cpe:l to bid. The
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specialized assignments along ·,1ith any no-bid pcs.:.tions on a watch, •
will be in addition to t!le biddable pos it.:.on on each watch.
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Ott:tOKS may requut non•biddable positions and an attempt, will be
llllde to accollllllOdat• th-, but auch positions will be a1Jaigned at
t:ha cl.i.s<:Stion of iai;a uniform patrol buruu comaandar.
It an employee f~ils to submit a bid in accordance with tho
biddimJ pri>cadure, th• aployoa will rolinquiah the opportunity to
bid by aeniori'ty, and •will bo assigned at tho discretion ot the
unUcrs patrol bur.aau cOllllllandor.
An Ulp:.:iyN in an othor asaignaont, who is reassigned to the
uni~or.1 p a trol bureau will occupy the position vacated by the
a,playee they ar• replacing. If other positions are available, the
-.pl.oyee 11ay request ass i gnment to auch positions, but may only be
asa~ at th• discretion ot tho patrol division co11D1ander. The
offioe.r will than be allowe~ to bid at the next bid process.
It is tur..her understood that shculd a schedule chanq• for ~=•••en emergency cir=stanc•s arise, ticars 11ay be assigned
by tl:4 ianiform patrol bureau commander tram· one shift to the other
to handle whatever amargency ~ituation exists during the duration
oft.be uiargency •
ARTICLE 7 . SPECIAL ASSIGNMENT
Effective January l, 1968, the Oepartlllent will establish a
w=-i~en process for sel ection and service including performance c f
azplcr1ees tor special asaignments.
':'he Director ot Safety Services will consult with thd
Assoc ~ation regarding any future changes to th• selection process.
ART!CU: d • LAYOFF
Wh.enever there is lack of work, l.ick of tunds , or under
condi1::ions where the City determines ,_:ontinued work would be
inefficient or nonproductive, the appointing authority shall
dasig:late th•• positions in which the layoff i s to be made .
:'.:le order of laroff shall be determined by the City Manager on
oe b.a.-.is of t.'1e quality and length of service provided t;y the
employees in t.'1e affected area~. Quality of work will include the
employ ee's total employi.ient record. This record includes annual
perfo=nce evaluations, commendations, disci?linary ac~ions ,
• educa~~on , t~aining, et=. Any employees who have not yet ac~ieved
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peru.nent or regular atatna _ar 1111a bav• lHa t!lan aightaen (18)
aontha of tull-t.ia• apl~ wi.th the Cit.y aha1l be laid oft
tirst, regal'd::.esa of pertm:aanca-Parmment maployeea who are laid
off have the right to b• reemployed in their r-■pective class, in
inverse ordar of layoU, provided tbat such recall occurs within
one (l) yur of layoft. 'l'ha C:llty•a obligation to reemploy an
uploy•• shall be aatisfied if it ..ic.. an ofter of employment to
an employee within a classificat:1'011 for which the 1111ployee is
qualified. In the avant the uplcy·ae fails to accept the oft.rad
employment, the ofter will be d--.:1 •• denied and the employee's
rights with the City shall in all. respects be terainated at the
time. · In the avant the quality aDd length of service are equal,
seniority shall pr~vail. An employae in a higher rank it laid off
uy transfer to his/her previous l ower rank provided the employee
had permanent status in th• lower rank, An employee 110 transferred
shall have the first right of re.."'usal to the former high level
position that th• employ .. had held. The recall list shall
tezminate attar twelve (12) months.
Employees shall not conti.cue to accrue service credit,
including seniority, or be eligible for any City benetits during
layott. In the event of a layoff, affected employee• will be given
a ■ much advance notice aa poasibl.e. •
ARTICLE 9. COMPENSATION
A. For the period January l, 1998 through Oece:nJ:,er 31, 1998,
the salary schedule is as fol :ows :
POLICE OFFICERS ~ Am!lW,
Police Officer V $2,693 $32,316
Police Officer IV $2,864 $34,3 74
Police Officer III $3 ,150 $37,800
Police Officer II SJ , 465 $41,580
Police Officer I SJ, 810 $45 ,720
B. ~or the period January l, l!; ~ 9 through Decemller n , 1999,
the salary schedule shall be as !:,llows:
POLJ;Cll OFfICtRS MQHilil,I A.tilillli,
Police otfi cer v S2,7 82 $33,384
Police Offi cer IV $2,959 $35,508
Police Officer III SJ,254 $39,048
Police Officer !! $3,579 S42,948
Po lice Officer I SJ,9J6 S47,2 32 •
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1111 salary
For the purpoaea of determining an ••ployae's baaa wage, the
employee'• regular straight time hourly wage rate and longevity
shall be used, excluding ~ll other forms of uployee compensation.
('l'ha above provision shi.11 be used only for tha. purpose of
deter11ining pension benefits under the City and State pens ion
plan .) In order to cnm);'ly with Fair Labor Standards Act, longevi ty
1''1 11 be used to determine overti'ma compensation and calculated at
the a nd of each year.
Mer it I ner.~
The wage i ncrease provi ded for Po lice Officer 4th Class
through 1st Class shall not be considered automatic, but rather
based upon meri torious servi ce. Said meri t i'ncrease may be granted
or denied to any i ndivi dual Pol i ce Officer upon recommendati on o f
the Direc tor of Safety Services and with the approval of the Ci ty
Manager upon written notice to such indivi dual Police Officer. The
data in which the merit increase is approved shall determine the
new merit anniversary date .
ARTICLE 10. LONGEVITY COMPENSATION
In addition to an employee's monthly salary, the emp l oyee
shall be eligible for longevity compensation based upon the nlll:lber
of years of continuous servi ce with the City and shall be deri ved
f rom the following schedu l e.
Years of
serv i ce
0 -4
5-9
l0 -14
Amount of compensa tion
None
$12 par month f or $14 4 per year, except for those
employees who have not completed 6 full years o f
continuous servi ce on Decembe r l of any year , wh ic!l
employees shall r.·eceive an amount equa l t o $12 fo r
each f ull mo nt l'. o f comp l et ed continuous s ervi ce
a f ter c om pletion o f 5 years of continuous s e rv i ce
up to December l .
$24 per month f or $288 per year , except f or those
employees who hav e not comp l eted 11 f ull year s o f
c onti nuous s ervi c e on Decemb er l of any y ear, whic!l
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uploy-shall receive $144 plus an uount aqual •
ot SU tor each tull month ot completed continuous
aervice attar c:oapletion ot lO year ■ ot continuoua
Hrvi.ee iip to Deceaber 1.
20 nr
mora
036 per month tor •432 per year, except tor tho••
uaploy-• vho have not c0111pletad 16 tull years ot
,:onu.nuou.a .aervica on Oecaml)ar l ot any yaar, which
uployea shall racaiva $288 plus an amount aqual to
$12 tor a.tch tull month o! completed continuous
aarvica attar complation ot 15 years ot service up
to Oecemba: l,
$48 per llf.mth tor $576 per year, except for those
uplayAa ■ who hava not completed 21 tull yaara of
conti=ous sarvica on December l of any year, which
amploy•• shall recaiva $432 plus an amount aqual to
$12 tor aach tull month of complated continuous
service a...~ complation of 20 yaar1.1 ot continuous
sarvic.a up to Dacembar l.
ARTICLE ll. OVERTIM!! WORK
A. Employees covered by this contract shall be compensated
at tillla a.nd one-half (l l/2) th• amployea•a regular
hourly rata o! pay for all assigned hours worked over and
above their regular work schedule.
B. overtime s!..all not be pyramids~, compounded or paid twice
for the sa,-e hours worked.
C. The City ret:aL,s the right to assign overtime work to any
amployae quali!iad to perform the work.
D. overtime availaDle during a given watch shall be offered
on a volwr-..ary i:>asis to officers working the pracedii .g or
succeeding watch, as appropriate, in order of seniority.
It n o off~:ar accepts, the least senior officPr may be
required t:0 work the overtime, an accommodation may be
authorizec , or 1:.~e City may, at its discretion, call any
officer in to work t he overtime.
E. Employees wh o ~ave worked overtime hours ma y take time
off in lie u of ov er~ime pay upon mut u a l ag r eement between
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the eployee anl the amployae' s supervi,sor. It ti,.11re is
no mutual agreement, the ftlllployee shall be paid.
Compensate: / time ott t n lieu ot overtime pay shall be
taken dur' ,g the i?•Y period in which it was earned and
■hall be paid in accordance with the Fair Labar Standards
Act.
ARTICLE 12. CALL BACK
A. An employee on ott-duty status who is called baclc to d·..ity
shall be credited with a minimum of two (2) ~ou...-s c c pay
at the rate ot one and one-halt (l l/2) the employee's
regular hourly wage rate.
B. An employee called back to work during the t:._.-st t•4'o (2)
hours prior to the start of their regular sh.i!t sha!.l be
paid at the overtime rate for all hours actt>ally wol'lced
up to the starting time of their regular stu.:t.
c . Should any employee be required to testify before any
coui-t or departmental administrative hearing -as a result
o! bis/her ot!icial duties with the City , the ti!:!e spent
by such employee in providing such testimcny shall be
considered to be work time. I! such appearance tor
testimony is at a time when the employee wo=d 01:herwise
be off d uty, the employee shall be paid as prcvided under
Secti on A above. The employee shall pay to the city all
witness fees, and other compensation paid to ue employee
in conjunction with so testifying excluding lllil.eage fee:,.
An employee who is called for witness duey shall present
to their supervisor the original summons or subpoena J!rom
the court or at the conclusion o ~ such duty, shall
provid e a signed statement from the c lerk o! the court,
or other evidence indicating the amount of ti:u: his/her
person was required.
o. When an emp lcyee is subpoenaed as a w:.tness in private
litig.,ti on to testify , r.c t in his/her otfic :.al capacity
but as an i nd i vidual, the time absent by rea sons thereo f.
shall b,, taken as any accrued leave or l e ave "1 ::::o ut p:!.y .
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AJlTICIZ lJ. STANDBY
111Floy-• aaaigned to etandby duty shall be c;reditad wi th one
(l) boar ot pay a.t the overtime rate ot pay tor each twenty-tour
(24) boar period, or portion tharaot, during which they are on
standl:,y .
ARTICLE 14. ACTING PAY
ll1 ~ing position• will be compensated at 1001 ot the pay
tor tha posi tion in which he/she is acting as approved by the
Director ot r atety Service•. The employee must be in the position
tor a p,ericd o f thirty (30) consecutive calendar days before said
employee becomes eligible tor acting position compensation. Such
pay wil1 be retroactive to the tirst day said employee assumes the
responsibiliti es of the position.
ARTICIZ 15. UN I FORM CLEANING ALLOWANCE
~-T!la City shall furnish, or bear the cost of unitor.ns,
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inclwil.l:ig leather gear, insignias , shoes. and clothing, required •
wbila = duty, and shall pay all costs of maintenance, repair and
cleani::q t!lareof. The City shall provide the necessary cleaning.
All u,ployaaa assigned to tho investi gation bureau for a period of
thiny (30) days or more and not required to be in unifor.n during
work, s.bAJ.l receive a montl'.ly clothing allowance of $60. All
employ-• assigned to the Police Administrative Division (e.g .,
Interr.a.l lifairs and O.A.R.E. Officers) for a period of thirty (30)
days er more shall receive a monthly cleaning allowancg of $40.
The aa;,loyee shall be responsible for all lost or s v "l items
ide!lti.fiad above, or damage to the same, as a result of r. rligence
or de l~~erate act.
a . The City will provide on a replacement basis a high
qual ic--1 bullet proof vest (flack jacket). Replacement shall be
made c~ce every five (5 ) years. In the event of spec_alized or
custoa.::.zad vests, ~he City wi ll pay the same dol lar amount fo r the
City u suad and authorized vest with the employee paying the
ditte?:'19llces i n cost.
• ARTICLE 16. AKIIUAL LEAVE
A. Employees hired prior to Daccabar 31, 1983, and CO\''l'red by
this Contract shall acCUIIUlate iumual leave 110nthly at the
following rates.
Length
ot service
0•9
10-19
20 and above
Hours
tt l r Kgrt@.
10
13 .J3
14 .16
Hours
p•r X•or
120
160
170
The maximum accumulation of annual leave shall be as foll ows:
Length ot service
0•9
10-19
20 and above
240
320
360
Employees hired January l, l~&•. and thereafter shall
• acclllllulate annual leave at the folloviD; rates.
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Length
ot service
0-4
5-9
10-19
20 and above
Hours
Pe,.. Meng
8
10
13,33
14.16
Hours
Pl,.. xear
96
120
160
170
The maximum accumulation of annua.: leav~ shall be as follows:
Length of service H2Yn
0-4 192
5-9 240
10-19 3 2 0
:o and above 360
B. Annual leave shall not be gr=ted to any amploye·~ until
after completion of twelve (1 2 ) months consecutive service with the
Ci ~y unless o~herJise authorized b y tile Direc~or of Safety
Services. In ardor to qualify for annu a l _eave credit during the
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•onth, the employee 1111st have worked for at least one-half (l/2) ot
the working days of that month excluding authorized paid leave.
c. Annual leave shall neither be authorized nor cawiuted for
any purpose after the maximWll acc\llllulation has been reaohed. irhe
schedule for use of annual leave shall be determined by the needs
of the department. Annual leave shall be taken at a time
co1wenient to and approved by the Director of Safety Services.
Employees !lhall not lose acc\llllulated annual leave after ths maximum
has bean reached if the em ployee has requested use of annual leave
prior to maximWll acCW11ulation, and has bean denied use of annual
leave.
Annual r,aava Pav
The rate of annual leave pay ahall be the employee's regula.r
straight time hourly rate of pay for the employeea regular job and
charged on a working hour basis, excluding regular days off.
Annual leave shall be allowed only to the total hourly amount
accumulated at '.!he beginning of the leave , as ver.itied by the
Director of Safety Services. Employees may receive their annual
leave pay not earlier than three (J) days prior to the start of
their annual leave, provided the employee aakes a writt~n requeet •
to their supervisor fifteen (15) calendar days prior to the sta=
of the i r annual leave.
work PYrina Annual Leave
If after the employee has begun their annual leave and t.'le
City requires the employee to work during the scheduled annual
leave period, the employee shall ba compensated as follows:
A, The empl oyee shall be paid for all hours worked at the
overtime rate.
3. The employee shall not be charged with vacat i on time f or
the number of hours worked.
There s t all be a one-week minimum on use of annual leave time ,
·i.nless otherwise authorized by the Director of Sa f ety Services or
11: s /her des i gnated representative .
The maximum use of annual leave shall be no greater than t!:e •
amount accumulated by the emp loyee pr:or to t h e starting date of
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the uaployee' • annual. leave requHt, and in no event ■hall the
annual.. leave exd•ed ~aar { 4) conaacutiv• weeks unl••• otliervi••
authorized by th• l>irector of Safety Sarvi:cH. "
Annual Leov• Pov upon ,ttaration
Any employs• who is separated from the service of the Citz·,
i.e., re1:irement, tenunation or layoff, shal l be compensated for
the unuaad annual 1-tbe acCWDulatad at th• time of separation
at the employse' s reqc.J.a.r hourly wac;e rate. In the case of
voluntary separation, the amployee shall be required to give two
(2) weeks notice t.o t!:.e City.
How charged
Annual laava for 9lllployaas shall be charged on a working i:.our
basis excluding ragttl,ar cmys cff.
nidding tor vacat;ons
Each officer r -ll bid one vacation, by seniority, for the
year's period, Januar.f l tlr:ough December Jl . Additional vacation
periods will be gran~, on a first requested basis, only a .fter all
.1aniority-bid vecatio,cs have been scheduled.
The bidd ing process for vacations wi ll -c ake place in No•1amber
as schedul ed by the cnifor.n bureau commander after c0111plation of
a ll biddJ -:g for wa tne.s and days off .
Vacations are expected to be scheduled in good faith by each
employee and shall s peci=y the exact dates d~s i red.
In the uniform pat...--cl bureau, not more tnan four (4) officers
par watch will be sc:!:.eduled for vacation or holiday leave at the
same t:lJote, unless •~roved by ::he ::-irector of Safety Services.
Within the bureau, n= mere than two (2) officers will be schedu led
for vacai·i on at dllY <'ne time unless approved by the Director of
Safety Services. Vaca1:icn within the i:westigations and
administration divisions will be sch eduled by their division
commande r according~::, seniori ty.
ARTICLE 17. HOLIDA~S
A. Al l of=ice.rs c::,v ered by this Contract. !Jhall be schedul ed
for t en (10) days cf: wi~~ pay at. t~e di sc~etion of the Direc~~r ~=
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Safety SiervicH or daaignH, ScheduJing will be dapendm!t on the
wor" lo&<l ot ~• department. Opon ■uttial aqre .. ent ot ca esployee
and the Director ot Satety S.rvice•, a uxiawa ot tive ("} Jlolid&y ■
may be cashed out tor pay in lieu ot ti.Ille ott. At the amploy••'•
option, on• (l) holiday shall be guaranteed to b• cashed -out tor
pay in lieu ot tim• oft, The rate of pay shall l:la at th•
employee's regular hourly wage rate.
In the mtitorm patrol bureau, not more than twu (2) otticars
par watch will be scheduled for vacation or holiday leave at the
same time, unleH approved b. the Director of Safety S....'"Vices or
designee.
Holidays will be bid att"r all vacations have b-.n bid by
seniority with vacations taking precedent over holidays . The bid
timr tor holidays is t he same as vacations accord.i.cq to bid
schedule , except that any holidays not scheduled or used by
August l of that year may ba ass i gned.
If after the employee has begun their holiday and the City
requires the employee to work during the scheduled holicfay period,
the employee shall be compensated as follows:
l.. The employee shall be paid !or all hours wo:clltad at the
overtime rate.
2. The employee shall not be c harged with holiciaq t~~e for
the number o! hours worked,
B. Officers assigned to the investigation buraao or o-.:.'1er
special assignment shall be allowed the regularly c.bse,:ved City
holidays and may be allowed a floating holiday option. 'l!hey ~ay be
allowed to exchange any of the below listed hol i days tor any other
day in the year he/she is normally scheduled to work. Scheduling
will be made with the approval of the Director of Safe-q Services
or designee. Holidays which may be exchanged are tb.a !tollowing:
Wash ington's Birthday
Veteran's Day
Friday 3fter Thanksgiving
Labor Day
Memorial Day
Christmas Eve or New Year'.~ Eve
If a holiday falls on a detective's regularly s c::.eduled day
off, he will be g iven an alter~ate day o ff.
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Thi.ti provision shall also apply to police ,,tficel'll regularly
uaignad to spacial duty by the Director of Safety servicea.
ARTICLE lB. AOMINISTP.ATIV!! LEAVE
.AdaiJtiJ=ative leave with pay 1:1ay be granted an employee at
t.he diJc::'ati.on of the Director ot Safety Services or daaignee.
This leave u u.aed when circumatancaa require in the bast inter.ssta
of th• City acd/or aployea that the employee sihould tuporarily be
relieved traa duty.
ARTICLE 19 . MILITARY LEAVE
A. Any perm.anent or probationary employee who enlists or is
inducte<!. intc the military, naval, air or other armed services of
the Un i ted sutes in time of war shall be entitled to a leave of
absence without pay for the duration of such war or until honorabl~r
dischar;ed, whichever occurs tirst, and for one (l) year
thereafter.
B. Any enployee ho shall be a member of th,, National Guard
or any other component ,f the military forces of the state, now or
her.a~ organized or constituted under the state or tadaral law,
or who shal: be a member of the reserve forces ot the O'nitad
States, now or hereafte r o rganized ,i:r constituted under federal
law, sh.all ~e entitled to leave of absen.:e from his/her employment
without l oss of pay, seniority, status, efticiency rating,
vacation , sick leave or other benefits tor all the time when he/she
is engaged with such organization or component in training or
active se..'"Vice ordered or authori zed by proper authority pursuant
to law, wbet!:.er for State or federal purposes, but not exceeding
titteen (15) days in any .:alendar year. such leave shall be
allowed in case the required military service is satisfactorily
performed, which shall be presumed unless the contrary is
established.
C. Suc!l leave shall not be allowed unless the employee
returns t~ his/her public positi on immediately upon being relieved
trom sue!: l:lil~tary serv i ce and not later than the expirati on o f the
t.illte h erein lilnited for such leave, unless he/she i s prevented from
so returning by physical or mental disability or other cause not a
due to h~s/har own fault or i s required by proper authorities to
continue in such military service beyond the time herein limited
for such lea v e .
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o. Subject to provisiona A, !I, am c above, the City •hall
provide tu11 pay to an uiployee grantad ailitary leave, lea11
whatever w,1ge11 the 11111ploy•• may have received by the military for
■uch ■ervi,:e.
II:. Any employ•• who is required to attend a veelcend re ■•rv•
duty may request that his/her scheduled duty days be rescheduled
during the sua pay period e.uring which th• requested veelcend
falls. This request may be approved i~ s,ich reschedulir:g can be
accomplished at tha convenience of the Police Division such
request must be submitted to th• Director of Safety Service~ as far
in advance of the requested weekend as po9sible, but in no event
shall it be s•.lbmitted less than six (6 ) weeks in advance of the
requested we11kend, and the Director ct Safety Services shall
respond within two (2) w~eks after th• request is received . Such
request tor rencheduling shall not arbitrarily be denied.
ARTICLE 20. FUNERAL LEAVE
The Director of Sa!ety Services shaJ.J. grant leave with pay to
an employee to attend the funeral ot a wem,er of the uployee I s
family . Tha number of days grantc shall be governed by the
circ:umatancas of the case, but in no event shall they exceed seven
(7) calendar days. For the purpose cf this section, "uployee•s
family" shall mean the 8111ploy .. ' s spouse, or the childreu,
grandchildren, parents, grandparents , orooers and siste rs of the
employee or of the employee's ,pause.
ARTICLE 21. JURY DUTY
Leave may be granted to an amployae for serving on jury duty.
The employee shall be entitled to the diffarance between his/her
regular compensation and the fees received for jury duty.
ARTICLE 22. LEAVES OF ABSENC'!: (WITE'OC"? PAY)
lli,g_;J2.i.l...lly
Permanent employees c overed by t!us Contract may be granted a
leave of ab senc e without pay for rea.so!".s of education wh ich is
allied to the duties of the Ci~y . se~~l=ent of an estate, child
care, se:-ious illness of a membe:-o: ~':e employee's family, or
1 9 •
other good cauaes, but ■hall not be used :!or the purp-o ■a ot
obtaining u pl oyment ■lsavhare. Leave without pay ■hall not u:cead
■ix (ll) 110nths of any year but may be extandad -for good cauaa upon
raquut t or additional perioda of ti.Ila. Th• total. leave till•. llb&ll
not exceed one year. Upon r eturn troa approved leave, the amployae
wi ll be r ■-torad to their tonier poeition it availal:lla or ta a
po ■ition coaparable tor which the ■11ployaa i s qualified. During
per iocw of unpaid leavo, employees shall not continua to accrue
service cr,\dit, or be eligible tor any City benefit~.
Application ror Le ave
A request for laz.ve ot absence without plly shall be submitted
in writing by the employee to the Director ct Safety ServicH , The
r equent shall indicate the reason the leave of absence is being
requested and the approximate length ~t leave time requested.
considorat i on ot Ltove Bagu.1st
The Director c t Safety Services may grant or deny leave
requests, taking into consideration the department's work torce,
work load and the employee•~ request .
Failure to Return
:f an emp l oyee fails to return by the date of leave
expiration , the employee shall be consi dered to have voluntarily
resigned from Ula service ot the City, unh,ss the appointing
authority determi nes that unusual circumstances exist.
ART I CLE 2 J. PEESONAL LEAVE
BegiMing January l , 1986, all em1 ·loyees covered by this
Contract on an eight (8) hour work day shall ~e granted 48 personal
l e a ve hours with pay and those on a ten (l0) hour work day shall be
granted so persona l leave hours with pay which an employee i s
enti tled to use tor the fol l owing purposes:
A. Time l ost as a result of illness/injury t o t he emp l oyee
or tha employe~•s imm ediat e f ami ly.
a . At tend personal business.
2 0
.or any aployM..IIIIO bas not uaad the 48 -.r !SO personal leave
:>ioun ending October 11 Qt each year or any p.irtion tharaot, th•
City will compensate l!&id aployN tor tha unused till• at the
aployaa' • vaga rat• 1:o be paid during the aonth ,t Dacalllbar ot
that year. P•r•ona!. 1.,•!IVa -ti.Ila shall not axcead th• 48 or 50 honra
a• designated above ncr llhal:r. it be acCUJ1Ulatad or carried over
from one year to the nazt. Personal leave shall be scheduled and
administered under the direction ot the Director ot Safety Services
tor personal business and leisure time. In th• avant ot
illness/injury in ·~hie± personal leave is requested, the employee
shall notify their supervisor or other person designated by the
supervisor at least one 11 hour prior to their scheduled reporting
tillla.
ARTICLE 24. DISABILITY -TEMPORARY (NON JOB RELATED)
DAtinition
Temporary disabl.l..ity is leave granted
connected injury or ill.nesa ct an e..,ployee
prevents the employe.a troa performing his/her
employee.
Provision
tor non-service
which disability
duties as a City
January l, 1984 , the city agrees to provide temporary
disability lea,•• with ?AY tor employees absent Ill' a result ot
illness/ injury at the :-ate ct 100% of 1:he amploye ,, 1 s requ: ar wage
up to 120 calendar days of disability .
Temporary disab i l~cy leave shall not be accumulative except
that on January lot aa.cb year tha City shall rastora 100% of the
number of days used by an employee during the preceding year up to
a maximum of 60 days.
For the employees !lirad after January l, 1984, and thereafter,
and covered by the ca.."'1n5 of t.'1is Contract, the City agrees to
provide said employees temporary disability leave wit.a. pay for
employees absent as a rasu_t ot illness/injury as follows:
0-4 ye a rs
5-9 years
l O+ years
2 1
60 days
90 days
120 days
l"or employees hired January 1, 1984, and tti.ruttar., ~
disability leave shall not be acCUlllUlative except that on .Tamiary 1
of uch year, the City mall rHtora J.oo, of the mmber -ot days
used by an employee during the preceding year•• follows:
0-4 years up to a llllXlllUlll of 30 days
S-9 years up to a llaXlllUJI of 45 days
10+ years up to a 111axi111W11 of 60 days
!Z!.H.l.n'ii.on
A, Authorization for temporary disability leave with pay
shall only be grant~d after the first day of disability.
B. Authorization for temporary disability shall only be
granted for the following reasons:
l, Personal illnesa or injury not service connected,
including maternity.
2, Service coMectad injury or illness only attar the
ninety days described in Article 26 bas been
exhausted.
Sick Leave opti,on
All sick leave a-crued by permanent employees prior to
January l, 1980 shall v~s~ with the employee, and may be used in
the following IIIAMer :
A. After the 120 days as described above have bean uaed
unless the employee is entitled for retirement as a result of
disability.
B. By cashing in all accrued sick leave acCWIIUla-ced under
the previ.ous plan upon normal o r disability retirement tro111
the City at the rate of one hours pay for each t-.o hours of
accrued sick leave or one hours pay for each four hours upon
separation fr,~ the City.
c. By cashing in accrued sick leave under the previcus plan,
once each year at the conversion rate of four (4) haurs sick
leave for one ( l) hour pay, not to exceed a conve,:sion of more
than 400 hours each year.
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Btnon;i.pq ec T1mponrv Pisobilitv
~ ,aaployu or a member ot the employH' • household shall
notify t?J.e emplo\.'••' s 1uperviaor at lust lC' minutes pri or to the
employ•••• scheduled reporting time. No temporary di ■ability leave
will be granted to an employee wh~ fails to notify their supervisor
prior to the beginning ->t the employee's work schedule unless
cirCUlllStances beyond the control of the employa1 would nc.t peI'lllit.
veri.ficu;; on of pisabilfu
If the Director of Safety Services raquir~s a physician I s
statement of disability, tha City Rhall bear the cost of such
phys ician ·' s statement.
Abuse of ~emporary Disability
Abuse of temporary disa~ility occurs whan an amployaa
misrepresents the actual reason tor requestL'1,; temporary disability
or when an smployee usas temporary disability laava for
unauthorized purposes . An employaa who makes a talse claim for
temporary dis3bility leava shall be subject to disciplinary action.
ARTIC!.2 2 5. ON-THE-JOB J:NJURY -DISAB:i:LITY
A. For any on-the-job injury which causes any employee to ba
absent f rom work as a result of such injury, the Ci ty shall pay to
such employee his/her full wages from tha first day of hi:;/her
absence fro~ work up to and including the 90th calendar day ot such
absence, less whatever sums received by tha employee as disability
wag11s under -.,orlonen' s compensation. After exhaustion of the ninety
(90 ) days i f the employee La still disabled, ha/she can utilize
leave Wtder the provisions of Article 24. The City reserves the
righ1:: to require any employee on injury or disability leave to
submit u, an examination(s) by City-appointed physician(s) at the
Cit7's oaxpense or wider the provision ot workmen's compensation or
the retuement/pension provis ions as provided under state Statute .
3 . lll injuries that occur during working hours shall be
reported 1::0 the employee 's supervisor within 24 ho urs of the injury
nr before the employee leaves their depart:ment of employment unless
circ=st.ances beyond the control of the employee would not permit .
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ARTICLE 26 . IJ:FE INSURANCE
Term lit• insurance will b• provided l:,y th• City for ,w.ploy•••
covered by this Contract ot $J0,000 tor each employee. The City
shall continue to make its best et!ort, allbject to ac:c:eptance by
the insurance company, to maintain a canvarsion privilege upon
retirement ot 100% coverage payable by tll~emplcyee.
ARTICLE 27. t •ENTAL INSURANCE
A. Thg City will pay eighty-tive percent (85%) ot tne
premium cost for dependant and single coverage tor dental insurance
and a~ployees will pay fitteen parcant (1.5-l) of the premi\lJI cost
for dependent and single coverage for denl:al insurance.
B. The City agrees to continue to provide each employee
covered by this Contract tha aame level ct dental benetits as
provided to them as ct January l, 1980, exee~ the city shall
improve said banetits according to induacry standards each year.
The City will review ortllodont~es coverage to dataniine
whether the levels ot coverage can be in=Msed taking into account
the premium levels tor all employees and tile group of employees
that deeire such increased coverages. In addition, the City will
review opportunities to provide or-..hcdon-cic "riders" at an
additional premium cost for employeea who pa__-ticipate in such
additional coverage.
c. Any dispute concerning the inte..-pretation or application
ot benetits under the Dental Plan shall be subjec-c to the dispute
resolution procedure only. (It is expressly understood that this
Article is a non-grievable item under 'Chis ~nt..-act.)
o. In order to promote a batter understanding of the City's
procedure for resolving employee disp:..tes concerning the
interpretation and application of tile Ci-c-_.r's health and dental
insurance program, the following procedures shall be utilized in
those instances where an employee feels t!lat uei= health or dental
insurance claim has not been processed o r paid in a manner
consistent with the City 's insurance plan.
1 . If an employees feels chat b..:.s /her health or dental
claim has been incorrectly paid o~ denied, the employee
shall first contact and i n!o= t;ie City's Benefit
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Coordinator in the Employee Services Division at City
Hall.
2. If the disputed claim cannot b• resolved by th•
Benefits Coordinator, the claim will be resubmitted to
the insurance administrator t or turther review and
con ■ideration.
3. It tha claim cannot be resolved to the sati ■taction
ot ,:ha amployea by tha insurance administrator, th• claim
will be torwarded with all pertinent information to the
City's insurance consultant for further review and
investigation and who shall attempt to resolve the
dispute through intormation and ~ediation.
4. The written decision ot City's insurance consultant
concerning claim disputes involving out-of-pocket
expanses to th• employee ot $50 or lass shall be tinal.
Claim disputes involving out-ot-pocket expenses to the
amployea of more tha:\ $50 unless resolved by city's
insurance consultant to the satisfaction ot the employee
shall be torwarded to the Colorado Foundation tor Medical
care tor a c011plete review of the pertinent tacts giving •
riss to tha dispute and shall submit to the City a
written decision which shall be tinal. The cost f or
employing the Colorado Foundation for Medical care shall
be paid tor by the City.
ARTICLE 28 , HEALTH INSURANCE -EMPLOYEES /RETIREES
A. The City will pay eighty-five percent (85\) per month tor
the premium cost for dependent and single coverage and the
employees will pay fifteen percent (15%) of monthly premium cost
t or dependent and single coverage in any of the health plans
ottered by the City.
B. The City agrees to continue to provide to each employee
c overed by this Contract the same leve l of h eal th benefits as
provided to them as of Januar/ l, 1980, except the City shal l
improve said benefits according to industry standa~ds each year .
c. Any dispute concerning the interpretation or app licati on
of benefits provided under t!1e Health Insurance Plan shall be
subject to the dispute resolution procedure only. (It is expressly •
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under■tocd that this art.i.cl• is a non-grievaol• itn under this
Contract.)
D. In order to proaot• a batter Wlder ■tanding of th• City I s
procedure tor resolving ~loyee di ■pute■ concerning the
interpretation and application of the City'■ health and dental
inaurance program, the following procedures shall be utilized in
tho ■• inatance■ where an uiployae feels that their health or dental
insuran•::e claim has no,: been procused or paid in a •anner
conei■tent with the ci~y•s insurance plan.
1. If an employee feels that his/her health or dental
claim has been incorrectly paid or denied, the employee
shall firs,: contact and inform the City's Benefit
Coordinator in the Emp l oyee Service ■ Division at city
Hall.
2. If the disputed cl.aim cannot be re ■olved i:,y the
Benefits Coordinator, the cl.ailll will !:le re■ublllit:ed to
the insurance adlainis1:..=tor tor turther review and
consideration.
J. It the clailll cannot be resolved to th• satisfaction
ot the employee by t!le L'lS urance adlllinistrator, the claim
will be forwart!P.d w::t: .. '1 all pertinent information to the
City's insurance consultant tor fill thar review and
inves1:igation and vho shall attempt to resolve the
dispute through information and mediation.
4. The writtan decision of City's insurance consultant
concerning c l ailll disputes involving out-of-pocket
expenses to the employee of $50 or less shall be final .
Claim disputes invo_ving out-of-pocket expenses to the
employee of more ca., $50 unless resolv ed by the City's
insurance consultan,: 1:0 the sa1:isfaction of the employee
shall be fo r-,ard e d 1:0 1:..'1e Colorado Foundation f or Medical
Care fo r a comp l e1:e rev i ew of t.'1 e pert~nent facts giving
rise to the di spute and shall subm i t to the City a
written decis ion which shall be final. The cost for
employing t.'1 e Co l orado Foundation for Medical Care shall
be paid for by t.'1e c~,:y .
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ARTICI.B 29, RETIREHE!l1' BENEFI'l'S
A, Retirement benefits shall be provided tor as stipulated
under state ■tatµte, In addition, th• City ■hall contilma to
provide th• sue level ot benefits a& provided tor in the Englewood
XUnicipal C:ode.
B, Employee contributions will not be increased above the.st
to uployees hired prior to April 8, 1978 and n tor aiplcye.s
hirsd attar April a, 1978 contribution l~vels unlus raquired by
state statute .
c. It i s understood and agreed by both parties thac any
referral to health insurance for retirees or future retirees is not
t :o ba con ■trued H e part of this Contract. The City agrees
outside this Contract that it will continue to allow retirees and
future retirees a conversion privilege to the health insurance
conversion plan available through the City. The City also agrees
to pay sot of the cost of coverage of the conversion plan or other
plan selected by tb,a retiree up to maximum of $75. oo per aontb for
employees who retired on or before December 31, 1994; and up to a
maximum of $100 .00 per month for lllllployees who retire on or after
January l, 1995,
ARTICLE JO. RULES ANO REGULAT!ONS
E-tcapt as limited by t he e:iq:iress terms of this COnt..-.scc , t!le
City retains the right to promulgate r&asonable rules, regulations,
policies, procedures and directives. Said rules, regulati ons ,
policies, and procedures and directi ves which are an al.leged
violation of this Contract shall be subject to the grievance
procedure.
ARTICLE J l. TUITION REFUND
Upon recommendation of the Director of Safety Ser-1ices and
after prior approval of the Employee Relatio11s director, ti:.e City
of Englewood shall reimburse a permanent, full-time police officer
upon successft:l compl etion of an approved course or cou....-ses in
education or vocational training at the public i nstitution rate.
The course or training must be completed at an accredited c~ll age
or university, must be related t o the work , be designed ta ~prove
competence in the job , and be o f value to the police o f!icer's
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Hrvice to the City. This shall include all t:uition, and required
texts.
ARTICLE J2. DUES 1)E00CT:CON
A. The City agraaa to deduct th• Aaaociation dues once each.
pr,y p,rricd. troa tba pay ot those uployHa who individually ~·equHt
in writing that sach deductions be 1111da, subject to the garnishlllent
laws of the Stat. o-t Colorado. The amounts to be deducted shall be
certitiad to the City Finance Direct<>r by the Treasurer of th.a
Aaeociation, and cila aggregate deductions of all employees shall be
remitted togeth.ar with an itemized stateme nt to the Treasurer hy
the 15th of the succeeding month, attar such deductions are made.
The authorization ahal. be i:evocable during th.a term of the
contract, upon a thirty (JO) day written notice by the employee to
th.a City Finance a,iractor.
B. If no vaqllS are pai d an authorized employee on the last
pay pa.:i~ ct a given pay period, deduction for that pay period
will be ma,ia trOJt 1UlY wages which 1"..~Y be paid to him/her on the
next auccaa<!ing final. monthly City r,ay period. It is expressly
understood that 0a city assumes no !iability and shall not be
liable for the =l-•=.ion or payment to t.'le Association of any dues
during any tilla that an employee is not actually wor:cing for the
City and actually on the payroll of the city. In the event of
error on th.a chac:la>t! list, th.a City will not be responsible to
make adjustments, unt:il notified by the Treasurer of t.'le
Assoc iation.
c. The Association shall indemnity and hold the City
harmless agains~ any and all claims, suits, orders, or judgments
brought or issuad ai,ainst the City as a result o f any action taken
or not taken by tile cit:y under the provision of this Article.
D. Changes i..,_ cile dues amount to be deducted shall be
limited to two (2 ) cha.-,.ges each year, and provided a thirty (30)
day written not:ce :s provided the City Finance Director.
E. Should ~e change in the deduction 3mount or met!'lod
require a computer programming change, the ... ::.sciciation s hall be
responsible for tr.a-:: cost of such change or char,';e&, at $30 per
hour with a four (~. hours maximum. Payment from t!'le Association
shall be made to the Ci-::y Finance Direc'::or within t ,· n ( 10 ) days of
• receipt of billL,g .
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ARTICLE JJ. ASSOCIATION ACTIVITIES
The City agrees that during working hours on th.a City premi s e ■
and wit.'lout lo•• 01! pay, Association repre ■-nea tiv .. .ay be allowed
to: 11ttend Association-management meetings; attend negotiation
■-s ■ion ■; post Association notices on City daaiqnated bulletin
boards, solicit Association m'!lllbarships during cmployea•s non-work
ti.Ille; and represent employees on grievances and disciplinary
utters provided the work load permits u datarllinad by the
')irector ot Satety Services or daai~ated :representative and
requires no ~vertime pay.
ARTICLE J4. !.ETTER OF CORRECTI VE ACTION
A. ~rorr1ctiy1 Action -Whenever grcnmda tor c o=ective
action exists and the supervisor deter:i.nu that the incident,
action or behavior ot the employee is such that more severe action
is not immedi ately necessary, the supa.."'Visar should orally
communicate to the employee the supervisor's obaarvation ot the
problem and otter assistance i n corractin,; the sit'.mtion. When an
oral corrective acti on is given , tha sup~isor shoul.d -.~sure that
the employee's departmenta personnel tile is doc-J11811tad to show •
the data ot the corrective action and the nature ot the corrective
acti on. The employee sho uld ba advised that th.a corrective action
will be documented in the omployew•s departti~l tile. ?xamplas
ot reasons that may result in an oral corrective ac::ion are listed
under Englewood Municipal Code , Section J-ll!-4.
a . w ,-; tten correctiv e Action When cie supervisor
determines that a written corrective action i.s appropriate and
necessary, the corracti ve action shall b61 addressed to the employee
anc:l shall include the violation; the spaci!ic behavior and the
dates ~t the behavior (when appropriate ) tilat support the charge;
the warning that continuance of this behavior ·•ill result in
disciplinary action; and an offer of assistan= .in correcting the
behavior.
A signed copy of the c orrective action by oe supervisor shall
be included in the employee's ofticial perscnnel file in the
E~~loyee Relations Office, and the en.~loyee shall have the
o·~portuni ty to submit written comme n= in response to the
c,,t·ractive action to be included i,, the file. After a period of
one (l) year from the date of the filing of t!le wr:tten corrective
action, the employee 's c~r=en~ and regular supe=-visor shal~ review
said 1,,t-.:er and provide a ~ollow-up let-:er ~nc:!~=ati..--:g t~e s-.:atus of
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itil:le ¥1":itten gorrective action. Example■ of! reHon■ that uy re ■ult
.bl a written corrective action are li■ted under Enqlewood llllnicipal
(lode, Section 3-lM-4.
c. The employee retain" the right to reque ■t an
adailliatrative review of! the writtan corrective action. The
Director of Satety Services shall deve:!.op this adlainistrative -1-procedure which shall at a mini.mlllll con■iat ot a board vith
aqaal representation of CC1Dllllllnd :1taff to be selected by the
!i»lirector of Safety services, end Aa ■ociation mambers to be ■elected
!Py the -ployee. This board shall be advisory to the Director of
~ety Services, and its findings shall be placed i n the uployae's
parsoMel tile. This Article :ihall not be grievable under this
ecmtract. If this procedure J.s not observed, at the request of the
.ls5oci ation a meeting may be held between the Department, the City
lfllnager' !l oftica and the Ass,?ciation to address this issue .
.um'ICLE 35. DISCIPLINARY ACTION
01~ciplinary actions are those personnel actions administered
aq;ainst en employee t or an offensive act or poor job pertormanc•,
wm5.ch actions adversel y attect the currant pay, currant status, or
tecura ot the employee .
1. Disciplinary action penalties i nclude suspansic,n ,
demotion , and discharge of ¼II employee.
2 . Disci plinary acti on may ba adm i nistered. concutTently with
corrective actions.
~-Reasons f or disc i p l inary act:i on are defined under 3-lM-4
o f the Mun i c i pal Code.
An emp loyee shal l be all owed at his/her d iscreti on one (1 )
ass.,:,c.i ation <"epresen tative to be present d ur i.ng predisciplinary
meetings . Thi s p rovision shall apply only when an emp l oyee desires
tha assistance of an Associ ati o n repr e sentati ve and unly when the
8llp'~o yee believes that disci pli nary acti on a s d e f i ned abov e ma y be
t:alum agai nst t h e employee.
ARr=cu: 36. GRIEVANCE PRO CE DURE
A grieva nce is define d a s a n allege d violation c~nc erning the
i :1-ee...',)r etat i o n or appl i catio n of a spec ific provision of thi s
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C0ntra0t. Th• -ployae and the ~iation shall ba required to
!ollow th• pr0<1edun u set out below .
.&ow.
If th• employea/A.aaooiaticm is unable to ••etle th• grievance
or dispute orally and info::aall.y tltrouqh his/her immediate
supervisor within :seven (7) calendar day• of the date of the
occurrence ot the grievance, or ::ha eaplo •,aa' s knowledq• of it, 'ell•
amployea may withJn the succeeding -van (7) calendar day■ tile a
written grievance with hi.a/her supervisor . The supervisor ■hall
attempt to resolve the matter a~d shall respond in writing t0 th•
employee within ■even (7) calendar days, An Association or general
grievanca shall be presented .ur.c:t.ly by the President of EPBA or
his deaignee to the Director of Safety Services.
If the grievance still raains unresolved, it shall ba
presented by the employee to th.a Division Chief in writing within
seven ( 7) calendar days following receipt of the supervisor' s
rasponi;a. The Division Chief sha.l.l respond in writ.:.ng within seven
(7) calendar days.
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If the grievance still .~ins unresolved, it shall be
preseni:ed by the amployee t::i ~e Director of Safety Services in
writing within seven (7) cal.ender days following receipt of the
Division Chief's response. T?:.e Director of Safety Services shall
respond in writing within seve::i (7 ) calendar days.
If the grievance still remains unresolved, it shall be
presented by the employee to ~• City Manager in writing within
seven (7) calendar days follow'.-::lq receipt of the Director of Safety
services' response. The c i cy Manager or his/her designated
representative shall respond in writ ing within fourteen (14)
calendar days.
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If ~he ;rievance i s st:. __ U."!resolved, the e?,i:loyee within
fourteen ( 14 ) calend ar days a!-:ar t.'1.e rep ly of th .. Ci ty Mana1rer or •
h i s /her designat:ed represent:a -:iv e , may by wr i tten ;,otice request
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th• u.ttar b• haard by an arbitrator . If wi't:hin tiv• day■ ot tba
raquast tor arbitration th• Association and th• City cannot
mutually agrH.on an im"artial arbitrator, a. requ .. t will be tilad
with th• Allarican Arbitration Association tor a panal of -
ar.bitrator■ to be se.nt to th• par':ias. Th,1 ar.bitrator shall be
salec:ted by a .. thod of altarnativ• 11trik±.,g ot IIUIH troa ti»
panal, with th• tirst strike daterminad by a coin tlip. Tha final
nuia laft on th• panel shall ba the arbitrator. 'l'h• arbitratc.T
shall be requasted to ia11ue a decision within thirty (JO) 411ys
attar conclusion of testimony and argumant.
Each party shall be responsible tor compensation to it ■ ovn
representatives and witnesses. The fees ot the arbitrator shall b•
shared equally by the Association and the City . It either party
dasir•• a verbatim record ot th• proceadings, it may cauaa such a
rec:ard to be ude, provided it pays tor the record and malcas copiu
available to the arbitrator. It the other party wish•• to have a
copy ot the transcript, it shall share equally all costs ot the
transcript.
Failure by an 8111ployee or the Association to comp ly with any
time limitation shall constitute a settlement ot the griavanca.
Should the employer not respond within the prescribed time, tha
grievance will automatically proceed to the next step. At the
. employee 's option, the employer may be allowed additional time to
respond .
Authority ot Arbitrator
The arbitrator shall have no power to add to or subi:ract fr011
or change the terms ot this Contract. The w:-'.ttan decision of the
ar.b i trator shall be final and binding upon the parties . The
~rbitrator shall limi t his/her decision strictly to the grievance
submitted wh i ch has been properly processed through the grievance
procedure outlined .
Processing Grievance ou~ing working Hours
Grievances may be investigat,id and processed by the employee
and one (1) on-duty association rllpresentative at the employee's
request during working hou rs within reasonablu time limits without
l oss of pay p!"o v i ded notice is given and the 1>ork load permits .
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All'l'ICI.B 37. ,EXCI.DSff!IIUS OF C0N'l'RAC'?
The City and tba A.uoci&tion aqrH that the taru and
provision• herein cmitainad cmmti,tute th• entire contract between
th• pertiu and _aiiperseda all pravioua coaunioation■,
i:aprM.cntativu or ~. either verbel or written, between
~ p.artin11 with ;.-..pact to tha ■ubjec:t matter herein. Th• City
and the l,ssociaU:aa -aqrae that all neqotial:11• it:U1S have bun
dia<JWlsed duri.nq" tJ:l.e naqotiations leading to thia contract and,
tharetoi:-a, agrae that negct i.atic.na will not be i:eopaned on ani• itu
during the lit• ot this Contract except by mutual agreement ot the
parties.
DI WI'l'NESS IIHDEOF, the parties have caused this Conti:act to
be aigned by thei:: :aspectiva representatives, and their ■ignaturas
placed thei:eon, on thill ___ day ot ________ , 199_, at
Englewood, ~lorad.o.
CITY 01' ENGLEWOOD
Kayor
A'l"l'EST:
City Clerk
Cit-/ Manager
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ENGLEWOOD POLICE BENEFIT
ASSOCIATION
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Collective Barga ining
Agreement between the City
August 4, 1997 10c II and the EPBA for 1998 and
1999
Init iated By Staff Source
Department of Administrative Serv ices Tom Kers~ls nlk, Acting Co-Director of
Admin istrative Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Coll ective Bargaining Agre eme nt with th e Englewood Police Bene fit Associa:it n was approved by
Counci l for 1997 .
RECOMMENDED ACTION
Staff requests Counci l ap prova l of the Collec tiv e Bargainin g Agre ement between i:h e Englewood Police
Benefit Ass ociatio n and the City of Englewood for 1998 and 1999. The contract cos·ers approximately
50 employees.
BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED
1 he City of Englewood and the Englewood Poli ce Benefit Association entered into negotiations in May
of 1997 in accordance wit h the City of Englewood Charter. The members of the Englewood Po lice
Benefit Associati on duly ratif ied, by a ma jo rity vo te. the tentative Collective Barga:ining Agree ment.
Th e only significant change to the contract is as follows :
1. Unde r A rt icle 9, page 9, employees cove red by the Co ntract will receive a three and three-te nths
percen t (3 .3%) increase on the 1997 base wage rate effective January 1. 1998: and . a three and
three-tenths percent (3.3%) increase on the 1998 base wage rate effective Ja,uary 1, 1999
FINANCIAL IMPACT
The impact of the in crease on wages. and benefits impacted by wages . ,s aporox:rnately $92.500 fo r
1998 and $95,600 fo r 1999.
LIST OF ATTACHMENTS
Prcpo sed resolution