HomeMy WebLinkAbout1996 Resolution No. 072•
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RESOLUTION NO. ~
SERIES OF 1086
A RESOLU·,.:>lli AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT
BETWEEN TH'I;: ENGLSWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1997 THROUGH DECEMBER 31,
1997.
WHEREAS , the previoWI Collective llargai.I.ing Contract wlth the Englewood Police
Benefit Associ ation wu for the ye ani 1995 and 1996; and
WHEREAS, th• City of Englewood llDd the Englewood Police Benefit Association entered
into negotiations on May 15 , 1996 in accordance with the Englewood City Home Rul e
Charter; and
WHEREAS , the membeni of the Englewood Police Benefit Association duly ratified, by a
majority of the members , the Collective B'1rgaining Contract; and
WHEREAS, appro val by the Englewood City Council of the Collective Bargaining
Contract between the Englew ood Police Benefit Association and the City of Englewood for
the year of 1997 , is hereby gi ven;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Se:!:li!m.l . The City Council of the City of Englewood, Colorado hereby approves the
Coll ective Bargaining Contract between the Englewood Police Benefit Association and the
City of Englewood for the period of January l, 1997 through December 31 , 1997 .
~-The Mayor and the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Contract between -the Englewood Police Benefit Association and the
City of Engl ewood , Colorado, for the year of 1997 .
ADOPTED AND APPROVED thi s 3rd day September, 1
~tf,[f;,
uiucrishia A. Ell is , City Clerk
I , Lourrishia A . Ellis, .:City Clerk fo~e City of Englewood , Colo
abo\'e is a tru e cop y of Resol ution N1J.~ Seri es of 1996 .
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Cifi OJ' DGLDOOD
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T!:!is reproduc<;::.on of the 1997 Contract has b11an prepared by the •
c.:.c-; Adm i nistration for all distribution to all covered Police
of!ice~~ so t.~at everyone will be aware ct the rights and benetits
con~d ined he£ei;.
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ARTICLE l lltlRATION OF CONTRACT ~
ARTICLE 2 RECOGNITION 3
ARTICLE 3 !MPLOYn RIGHTS 3
ARTICLE 4 SENIORITY 4
ARTICLE 5 HOORS OF WORK 5
ARTICLE 6 BIDDING PROCEDURES P0R SHUT ASSIGNXENT 7
ARTICLE i SPECIAL ASSIGNMENT 8
ART!CLE 8 LAYOFF
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ARTICLE 9 COMPENSATION
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ARTICLE lO LONC.EVITY COMPENSATION lO
ARTICU :1 OVERI'IME WORK ll • ARTICLE 12 CALL BACK ll
ARTICU: 13 STANDBY
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ARTICLE 14 ACTING PAY 12
ARTICLE 1 5 UNIFORM CLEANING ALLOWANCE 13
ARTICLE 16 ANNUAL LEA VE 13
ARTICLE li HOLIDAYS 16
ARTICLE 18 ADMINISTRATr.E LEAVE 17
ART:cu _9 M:rLITARY LEAVE 18
ARTIC:.E 2 0 FUNERAL LEAVE 19
ARTICLE 2 1 J'URY DOTY 19
ARTICLE 22 LEAVES OF ABSENCE (WITHOUT PAY ) 19
ART!CU: 2 3 PERSONAL LEAVE 20 • i
ARTICLE 24 DISABILITY -'l'mPORAR'l (1f01f JCII 11~":-TBD) 21 • U'l'ICLE 25 Olf-THI! -JOB DIJlJRY -DISMILITY 23
ARTICLE 26 LIFE IlfSOlWfCI 23
ARTICLE 27 DENTAL IlfSOJWfCE 24
ARTICLE 28 HEALTH INSOJWfCE -!KPLOYEP!/RE'.l'IREES 25
ARTICLE 29 RETIREMENT BENEl"ITS 26
ARTICLE 30 ROLES AlfD REGULATIONS 27
ARTICLE 31 TUITION REl"tllfO 27
ARTICLE 32 DUES ".•EDOCTION 27
ARTICLE 33 ASSOCild'ION ACTIVITU.S 28
ARTICLE 34 LETTER OF CORRECTIVE ACTION 28
ARTICLE 35 DISCIPLINARY ACTION 30
ARTICLE 36 GRIEVANCE PROCEDURE 30
ARTICLE 37 EXCLUSIVENESS OF CONTRACT 32 •
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Sl9IDIST MDIII DI
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JNGLl'fOOP PQLICI lllllU yaogu;91
This Contract entered into by th• Ci .ty of Englewood, Colorado,
and th• Engl-cod Pol.ice Benefit u ■ociation has a■ its purpo ■• the
promotion of harmonious relations between th ■ City of Enqlewood and
its employees, a fair and peaceful procedur. fo~ tb~ resolution of
differences: the e ■tabli ■hllent of rates of pay and hours of work,
and other conditions of employment mutual.J.y agreed upon.
Except where limited by expre■s provisions elsewhere in this
Contract , nothing in this Contract ahall be construed to restrict,
li:nit or impair the rights, powers and authority of th• city as
granted to it by constitutional provision, statute, ordinance,
charter or special act, tha exclusive power, duty and rights to:
A. Oeter.11ine the overall mission o! th• City as a unit of
government.
B. To maintain and improve the efficiency and effe ctiveness
of City operations.
c. To determine the services to be rendered, the operations
to be performed, the tec.'mology to be utilized, or the matters to
be budgeted .
c. To determine the overall methods, processes, means, job
classifications or personnel by which City operations are to be
conducted .
E. To direct, supervise, hire, promote, transfer , assign,
schedule, retain or lay-off employees.
F. To suspend, discipline, discharge, and demote !or cause,
all full-time permane~t classified employees.
G. 10 relieve employee~ from duties because of lack of work
or funds , or und er conditions where the City deter:nines continued
work would be inefficient or nonproductive.
a. To take whatever other actiona uy 1'• naca ■■ary to carry
out the wish•■ of th■ public not oth ■rwi ■• ■pacified herein or
limited by a collective l,argain.ing contract.
I . To take any and all actions to carry out the mission of
the City in cases of emergency.
J . Nothing contained herein ■ball preclude th■ City f rom
conferring with its employees tor purpo ■as of developing policies
to ertec:tuate or implement any of th• &Dove enU11aratad rights.
ARTICLE l. DURATION OF CONTRACT
A. This Contract shall take affect on January 1, 1997 and
shall continue in force to and including Oecemloer 31, 1997.
B. This Contract, or any part or it, may be terminated or
renegotiated at any time by mutual consent ot both parties.
C. If any article or section of this Contract should be held
invalid by operation or 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 not be
affected thera.by and this contract shall remain in full force and
effect, and the parties shall promptly negotiate tor the purpose of
attempting to a=~ve at a mutually satisfactory replacement of such
art:cle or section.
o. The parti1:s agree and understand that provisions relating
to employees covered by this Contract shall in no way displace or
modify present or future statutory or case law o! the State o!
Colorado.
E. The parties acknowledge that during negotiations which
resulted in this Contract, each had tha unlimited righ-c and
opportuni ty to make demands and propo sal3 with respect to any
sub j ect or matter appropriate tor ne1or~ation discussions and that
t.~e understandings and agreements arrived at by the parties after
t.~is exerc i se ot t.~at right and opportunity are set tort.~ i n thi s
Cont::-ac-:.
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AllTICLE 2 • UcocarrION
Th• City recognize ■ th• Englewood Police Benefit Aa ■ociation
as the uiploy•• organization certified by th• C.ity ot Englewood a■
the exclusive repre ■entative tor ■worn Police employ••• within th•
tallowing bargaining unit:
Included: All tull-tilll•, cla ■■itied ■worn police otticers
below th• rank ot Sergeant ot the City Police
Department.
Excluded: All others.
ARTICU: J. EMPLOYEE R.:GHTS
l. A tull-tiln• classitied employee who is not a contidential
employee, a managerial employee, or a supervisor shall have the
r::.gtt:
A. To for:o, join, ·support or par:::.cipate in, or to
retrain trom terming, joining, supporting, or
participating in any employee organization or its
lawful a~tivities.
B. Bargain collectively through · . .heir certified
employee representative.
c. No employee shall be intertarad with, restrained,
coerced or discrilllinated against because ot the
exercise ot these rights nor shall th• right o·t an
individual employ•• to disc:uae eaployment concerns
with the City be infringed upon.
2 . The City and the Englewood Police Benefit Association
mut~ally agree t..~at a fair and impartial investigation ot oxticers
i s d eemed appropriate and necessary. A written policy has been
developed and included in the operations manual specifically
addressing the issue ot administrative and cri;ninal investigations
and employee rights. No changes will be made in this policy
••it!lout pr::.or consultation and review with associati on
representative(s) .
ARTICLE 4. SENIORITY
For the purpo ■•• of thi ■ contract, ■aniority shall be
determined first by length of continuous tul.1-ti:ma ■-rvica with the
City Police Department according to rank and ■acond by length of
continuous tull-tiz• service with the City Police Dapartllant fI'Olll
th• first data of hire, p=•idad th• aployaa succuatully
COlllplatad a probationary praiod. In caaas where two or •ore
uployaas hava the s&Jaa b~r• data, the badge number aa issued by
the daparblent shall establish priority of position on the
seniority list.
Attar an employee successfully complete ■ th• prol:iationary
period, their name shall appear on the seniority list as of the
first date o! hire.
The seniority o! an employee shall terir.inata under any o! the
:following conditions:
1. Whan an employee has _been laid of! !or a period o! one
year or more.
2. When a laid of! employee !ails to give notice o! the
amployee's intent to return to work within seven (7)
calendar days after the City has sent to the employee's
last known address on tile with the City a ce.rti!ied
latter requesting the employee's return to work.
J. When the employee gives notice but !ails to r11turn to
work within seven (7) calendar days after the aforesaid
letter has bean sent to the employee.
4. Whan the employee's aployment with the City is
terminated !or any reason.
5. When an employee is on leave o! absence as provided under
Article 2J.
6. I! an employee is absent !or three (J) consecutive
regularly scheduled working days without notifying the
Director o! Sa!t1ty Services c,r ilnmediate supe.."'Visor prior
to such three (J) days' absence without good cause as
determined by the Di rector o! Satety Services.
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7 • railure to return to work attar expiration ot a tol:ll&l
leave ot a))aence.
8. An employee rehired but who ■• abaenc• troll City
employment wa ■ l••• than eighteen (18) •onth■ will have
their prior accrued seniority with th• City restored.
ARTICLE!. BOORS OF WORK
Th• Police Department ■hall ob ■•rv• ottic• and working hours
necessary tor th• etticient tranaaction ot their ~••P•ctive
services.
A. Work Week
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A work weak is a :..·•gular recurring period ot 168 hours in
the torm ot seven c·onsecutiva 24-hour period ■. The work
week need not be th• ■am• a■ the calendar weak. The work
week may baqin on any day ot the week and any hour or the
day and need not be the same tor all employees.
work schedule
l . The work schedule tor otticars assigned to the
unitorm patrol bureau, including roll call and meal
periods, shall consist of. tiva (5) eight (8) hour
and tittaen ('.i.5) minute work days; tour (4) tan
(10) hour and tifteen (15) minute work days; or
ot.:1er work schedule as deteniined by the Director
ot Sataty Services.
2. The work schedule tor ot:ti cers assigned to the
investigation bureal\ or other special assignment,
including meal perioct$, shall consist ot tive (5)
eight and one-halt (s-:;2) hour work days, tour (4)
ten ( 10) hour wvrk d,\ :n or other work schedules as
dat .. rmined by the Oil:ector of Safety Services.
3. Any change in an ctficer's bid or assigned schedule
(starting time, quitting time, schedul ed days off)
will be made in accordance with paragraph C except
schedul e changes may be made without notice if the
affected officer agrees .
Th• city aqrHs to review with Association repre■antatives
issues and concerns regarding the .. thod and -possible compensation
associated with schedule change ■.
c . Changing work schedul•s
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~e work schedule may be changed by th• Director of
Safety Services provided a ainunm five (5) clays advance
notice is given. Work schedules uy be changed without
advance notice in tha case of -•1:gencies as deter:ined
by the Director of Safety services. When an employee's
work schedule is changed for purposes of training,
spacial instruction, ate., th• ~upervisor shall Jl<c a
raa!lonal:lle effort to accommodate the employee's interests
concerning the scheduled changs.
The nee~ for an appropriate level of staffing is
recogn i.zed by the City f or the purpose of efficiency and
sa!ety The Police Departnent will address t.'1is issue in
deparc:nental policy .
Meal Periods -Patrol Officers
Of!icers assigned to the unifor: patrol bureau shall b•
allowed a paid meal period of forty-five (45) minutes
each full work day, provided that the meal period shall
be authorized and controlled by th• employee• s supervisor
and may be denied in whole or in part if the supervisor
deter:nines that circumstances so require. An employee
may conduct personal business during the meal period.
F. ~eriods -Detectives
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Of!icers assigned to t.'1• inv11stigetion bureau or other
special assignment shall be granted a paid meal period ot
thirty (30) minutes for each full work day. Employees
working a ten (10) hour work shift shall be a ll owed a
paid for<:y-five (45) minute meal period. The meal period
ha ll be authorized and controlled by the employee 's
superv i sor .
Rest <>eriods
Em pl oy ees shall be granted a p,•id rest period not to
exceed fifteen (15) minutes during approximately t he
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tir■t one-bal.t ot the aployH' • regular vork day and an
additional ti:teen (15) ainut-■ r-■t break approxiaately
in the ■econd one-halt ot th• work day. .:A-■t period ■
■hall ce authorized and controlled l)y the ~-.ploy••' s
supervisor.
ARTICLE 15. BIDDING PROCEDOllS FOR ~BUT A.'i!IICoNKENT
A, Seniority applicable \.O thr. seniority aid proc-■s will De
deter.ained in accordance with tl,e total length ot continuous
elllployment as a Police otticer with th• City ot Englewood. Prior
City eJ11ploy11ent in other than a Police Otticer capacity will not
apply towar~ seniority. Procationary .. ploy ... will not ca
include~ int~~ aid procass.
~g tor watches and pays ott
a. The seniority bid system will be applicable to personnel
assigned to t.'1.e uniform :)atrol Cureau on ly, and will not be
authorized in any other bureau ·or special assiqnmant •
The uniform patrol bureau comender will davelop and post a
schedule prior to each year tor a twelve-month period.
A patrol officer in the unitorm patrol bureau will bid once
each year in November tor assignments wi t.'1.in tour ( 4) three ( J)
month intervals.
There will be a. total ot Uva (5) non-biddacle positions which
shall consist of two(2) non-biddacle position on Watch I and three
(J) non-biddable positions on Watch II, provided that any new
position(s) added to the uniform patrol cureau attar January 1,
1997, shall be non-ciddacle positions. The bidding process will
begin wit.'1. the most senior Police Officer bidding the positions of
their cho i ce. In the descend i ng order of seniority , each remaini;1g
Police Of!icer will have choice of the remaining biddable
cositions. All specialized positions such as crime preventi on
~ffi cer, traffic officer, etc. will not be open to bid. The
specialized assignments along with any no-bid positions on a watch,
will be in addition to the biddacle position on each watch .
Officers may request non-biddacle positions and an attempt will be
made to accommodate t..'1.em, but such positions will be assigned at
• the discretion of the uni form patrol bureau commander.
If an aployH fail• to subait a bid in accordance vith the
bidding procedure, th• maployaa vill relinquish tl1a opportunity to
bid by seniority, and will be aosignad at the di•=•tion of the
uniform patrol bureau comaander.
An amployaa in an o e r assignment, who is raassignsd to the
unitorm patrol bursau vill occupy the position vacated by the
amploy•• thay are replacing. If othar positions an availabla, th•
amployaa may raquast aasignaent to such positions, but uy only ba
assigned at tha discretion of th• patrol division COIIIIIUlndar. Th•
ofticar will then ba all.owad to bid at th• next bid procass.
It is further undarstood that should a schedule change for
unforeseen emergency cirCUlUltancas arise, officers .ay ba assignad
hy 1:.>ie uniform pat::-ol bureau commander from one shift to th• other
to h andle whatever amargancy situation exists during th• duration
of the emergency.
ART:CU: 7. SPECIAL ASSIGNMENT
Effective January l, 1988·, the Department will establish a
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writ-::en process for selection and sarvice including performance of •
emp l oyees for spacial assigmaents.
The Director of Safety Services will consult with the
Associat ion regarding any future changes to th• selection process.
ARTICLE 8. LAYOFF
Whenever there is 1,.ck 01! work, lack of funds, or under
c ondi-c ions where the City determines continu~ work would be
inef!i-ient or nonproductive, th• appointing author·ty shall
designate t.':le positi ons in which the layo1!1! is to be made.
The order of layoff shall ba determined by the City Manager on
t.':le basis of the quality and l ~~gth 01! service provided by the
emp loyees in thr. af!ec-ced a1 qas. Quality of York will include the
employee' 5 total e11ployment record. This record incli:.des annual
performance ev~ l :.ations , commendations, disciplinary actions,
education, train.l.l ,g, ate. Any employees who have not ye~ achieved
pe=anent o r regular status or who have lass than aighteen ( .i.8)
mont.':ls of !ull--cime employment wit.':! the City shall be laid off
!:.::-st, regardless of par~onianca . Permanent employees who are laid •
of~ have the righ-c t" . .:. be reemployed in their respective class, in
i nverse order ~f :ayoff, provided that such recall occurs within
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one (l) yeur of layoff. The City'• obliqation to reaploy an
aployH ■lvlll !:le Mtiatied it it ll&ke■ an otter of eaployaant to
an uploy ■f! within • olu ■itication tor which th• aployH i ■
qualitied. In th• event the aploy•• rail ■ to accept the offered
uiploY111■nt, the otter vill b• d11a■d a ■ denied and the aploy••'•
rights with the City ■hal1 in all r■■pects be t■r.unat■d at th ■
tilll■. In th■ event th• quality and length of ••rvic• ua equal,
seniority shall prevail. An uployee in a higher rank it laid ort
may tran ■t ■r to his/her previ ous lov ■r rank provided th• aployae
had permanent status in tha lover rank. An uployee so tranararred
shall have the first right or ratuslll to th• to1:11■r high level
po ■ition that the uiplayaa had held. The recall list ■hall
terminate arter twelve (12) months.
Employees shall not continue to accrue service credit,
including seniority, or be eligible tor any rity benerits during
layort. In the evant of a layort, atractad uiployeas will be given
as much advance notice as possible.
ARTICLE 9. COMP~!'ll.T!ON
A. Ertectiv■ January l, 1997, the sal.ary schedule is as
rollows:
POLICE 9f"+@S M9liiliLI &ml1AL
Police orticer v $2,607 $31,284
Police Officer r:v $2,773 $33,276
Police Officer III $3,049 S36,588
Police orticer II $3 ,354 $40,248
Police Officer I $3,688 $44,256
.l!AH S!!lAri
For the purposes of determining an employee's base wage, the
employee• s regular straight time hourly wage rate and longevity
shall be used, axcluding all other forms of uployee compensation .
(The above provision shall ba used only · ror thfl purpose or
de1:.armining pension benefits under the City and State pension
plan.) In order to comply with Fair Labar Standards Act, longevi1:.y
will be used to determine overtime compensation and calculated at
the end o f each year .
Merit Inc-ease
The wage increase provided for Police Officer 4th Class
thro ·,gh ls1:. Class shal l not be considered automat ic, but rather
baaed upon ••ritorioua aervice. Said merit increa•• -y be granted
or denied to any individual Police Officer upon recaJ111endation of
the Director of Safety ServicH and with the approval of th• City
Manager upon written notice to auch individual Police Officer. The
date in which th• merit increa ■• 1• approved shall determine the
new merit anniversary date.
ARTICLE 10. LONC'EVITY COMPENSATION
In addition t.o an maployee's 110nthly salary, the uployae
shall be eligible for longevity compensation based upon th• nlllU)■r
of years oi continuous ••rvice with the City and shall be derived
trom the following schedule.
Years of
serv ice
0 -4
5-9
10-14
1 3-19
Amount ct compensation
Nona
$12 per month tor $144 per year, except tor those
employees who have not completed 6 full years ot
continuous service on December l of any year, which
8lllployees shall receive an amount equal to $12 for
each full month of completed continuous service
after completion of 5 years of continuous service
up to December 1.
$24 per month tor $288 per year, except tor those
employees wh~ have not completed ll full year~ ot
continuous service on December l of any year, which
employees shall racaive $144 plus an Ulount equal
of $12 for each full month of completed continuous
service 1!ter completion of 10 years of continuous
service ~p to December l.
$36 per month tor $4 32 par year, except for those
emp loyees who have not comple~ed 16 full years ot
continuous service on December 1 of any year, which
employee s ha l l rece ive $288 plus an amount equal to
$12 for each full month ot completed c ontinuous
service a f ter comp l etion of 15 years of service up
to Dec e mber 1.
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20 or
1110.t"• $48 per aonth tor $576 par yaar, u:capt tor thoH
aaploy••• 11ho have not completed 21 tul.l years ot
continuous service on Decllllll:ler l of any year, which
e:irploy•• shall receive $432 plus an uaount equal to
$12 tor ••ch full aonth ot c011pleted continuous
sarvice attar coapletion of 20 years of c~ntinuous
service up to Decllllll:ler l,
ARTICLE ll. OVERTIME WOR!I:
A. Employ••• covered by this Contract shall ba coapanaated
at tiae and one-hlllf ( l l/2) th• eaployee • s regular
hourly rate of pay tor all assigned houn worked over and
above their regular work schedule .
B. over<=im• shall not be pyrniidad, compounded or paid ~.,ice
for the SUie hours worked.
c • The City retains the right to assign ,;vertime work to any
uploye• qualified to pertor.n the work.
D. ovartia• available during a given watch shall b• ottered
on a voluntary basis to officers working the pr•ceding or
succeeding watch, as appropriate, in order of aaniority.
It no officer ecc•pta, the least senior officer aay be
required t o work the overtillla, an acco-odation 111&y be
authorized , or the City may, at its discretion, call any
officer in to work the overtillle.
E. Empl;)yees who have worked overtime hours 111&y take tillle
off in lieu of overtime pay upon mutual agre .. ent batween
the employee and the employee's supervisor . It there is
no 111ut~al agre8lllent, the e111ployaa shall be paid.
Compensatory t im e o ff in lieu of overtime pay shall be
taken during the pay period in which it was earned and
shall be paid in acco rdance with the Fair Labor Standards
Ac-.:.
ARTICLE 12. CALL BACK
A. An employee on of!-duty status who i s called back to duty
s hall be credited wit.~ a minimWII of two (2) hours of pay
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at the rat• ot on• and one-halt (1 1/2) the uployaa•s
regular hourly wag• rate.
B. An U1ployaa called back to work during th• first two (2)
hours prior to the atart ot their regular ahitt shall be
paid at the overtime rat• tor all hours actually worked
up to the starting tilll• ot their regular ahitt.
c. Should any Ul,;>loyaa be i ·aquired t ,~ ta'1tity before any
court or departlllantal adlll.lniatratl ~fl h•t.~"lng as a rasul t
ot his/her otticial duties "!l.th thO! ~1ty, the tilll• spent
by aucb Ulployaa in providing ■\\ch testimony shall be
considered to be work tillla. It auch appaara.nca tor
testimony i• at a tillla when the Ulployae would otherwise
be off duty, the employee shall be paid aa provided under
section A above. The employee shall pay to the city all
witness fees, and other compensation paid to the employee
in conjunction with so testityi.ng excluding mileage teas .
. ~ employee who is called for witness duty shall present
to their supervisor tlie OL"iginal sllllllllons or subpoena from
t!le court or at the conclusion of aucn duty, shall
provide a signed statement from the clerk ~t the court,
or other evidenc-e indicating the amount of t~JH his/her
parson was required.
O. Whan an employee is subpoenaed as a witness in private
litigation to testify, not in his/her official capacity
but as an individual, the time absent by reasons thereof
shall be taken as any accrued leave or leave without pay.
ARTICLE 13. STANDBY
Employees assigned to standby duty shall be credited with one
(l) hour of pay at the overtime rate of pay for each twenty-four
(24 ) hour period, or portion thereof, during which they are on
standby .
ARTICLE 14. ACTING PA Y
All act~ng positions will be compensated at 100% of the pay
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for the position in which he/she is acting as approved by the •
Director of Safety Services. The employee must be in the positi on
for a period of thirty (J O) consecutive calendar days before said
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employ•• bec01U1• eligible tor acting po•ition c:oapensation, Such
pay will be retroactive to th• tirst day ■aid employee ••■Wle■ th•
re ■pon ■ibiliti•• of th• po ■ition.
ARTICLE 15. UNIFORM CLEANING ALLOWANCE
A. Tb• City ■hall turni ■h, or bear the coat of uniforiu,
including leather gear, in•ignia ■, ■hoes and clothing, required
while on duty, and ■hall pay ■ll co ■t ■ of uintenance, repair and
cleaning thereof. Tb• City ■hall provide th• necu•ary cJ.eaning,
All employee■ a•signed to the investigation bureau for a period or
thi rty (30) days or more and not required to be in uniform during
work, shall receive a monthly clothing allowance of $SO. All
employees assigned to th• Police Administrative Divi•ion (e.g.,
Internal Affairs and D.A.R,E, Offi cers) for a period of thirty (30)
days or more shall receive a monthl y ~leaning allowance of $40.
The employee ■hall be rHponsible tor all lo•t or stolen items
identified above , or damage to the same, as a result of negligence
or deliberate act •
B. The City will provide on a replacement basis a high
quality bullet proof vest (flack jacket ). Replacement shall be
made once every f i ve (5) years. In the event of specialized or
customized vests, the City will pay the same dollar amount tor tr.a
City issued and authorizad v ~st with the employee paying the
ditferences in cost .
ARTIC LE 16. ANNUAL LEAVE
A. Employees hired prior to December 31, 1983, and covered by
this contract shal l accumulat11 annual leave monthly at the
fo llowing rates.
Length
of Se r .rice
0 -9
l0 -19
20 and above
Hours
~~· H2nJ.ll
lO
13. 33
14.16
Hours
per v!l a r
120
160
17 0
The ~ax i~wn a c c um u lation of annua l l eave sha ll be a s fo l lows :
13
Lfnqth 0 t seryic•
o-9
10-19
2 0 a .nd above
ll9liD
240
320
360
l!:mploy••• hired January l, 1984, and thereatter ■hall
acCW1.uJ.ate annual leave at the following rates.
Langth
or s,rvic•
0-4
5-9
10-19
20 and above
Hour ■
Plr Month
a
10
13. 33
14, 16
Hours
PV x,ar
96
120
160
170
The maxi:!IWII acc::umulat i on of annual leave shall be as follows:
Lena1;:,. ot service R2i.n
0-4 192
5-9 240
10-19 320
20 and above 360
B. Annual leave shall not be granted to any employee until
after comp l et::.on of tvelve (12) months consecuti ve servi ce with the
Ci t y unless otherwise authorized by the Director of Safety
servi ces . I n order to qualify for a -.,ual leave credit during the
month, the emp l oyee must have worked for a t least one-half (l/2) of
the working days of that •onth excluding authorized paid leave.
c . Annual leave shall neither be authorized nor computed for
any purpose after the maximWII accumuJ.ation has been reached. The
schedule for use of annual leave shall be deter.nined by the needs
o f the department. Annual leave shall be taken at a time
conv e nient to and approved by the DirecT:or of Sa f ety Services .
Emp l oyees shall noT: lose acCW11ulated annual leave a f ter the maximum
has bee n raac!led if the employee has reques ted use o f annual leave
p r i or to maximum accumulati on , and has been denied us e o f annual
l e ave .
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A1mua1 t.11v•..E.u
Th• rat• of annual laava pay llhall ba tha aploy••'• r,agul.ar
atraight time hourly rate of pay tor tha uployaaa xw;rular job and
charged on a working hour baai ■, u:cluding raqular day ■ oft.
Annual leave shall ba allowed only to th• total hourly uaunt
accwaulatad at tha beginning 01! th• leave, a■ varitiad by the
Director 01! Saf•ty Service ■. Employaa ■ .. y racaiva their annual
laava pay not earlier than thrH (3) day■ prior to the ■tart of
their annual laava, provided th• uployaa -.aka■ a written raqua ■t
to their ■uparvisor fittaen (15) calendar daya prior to th• ■tart
of their annual laava.
work During Annual Leave
If after the uiployaa has begun their annual lee va and the
c ity requires th• u,ployaa to vork during the schadu.i.ad annual
leave period, th• u,ployaa ■hall ba compensated as follows:
~-The amployaa shall b• paid f~r all hours worked at the
overtime rate .
a. The u,ployae shall not ba charged w1 th vacation time for
the n,•lJllber of hour5 worked.
There shal l be a one-week,minimum on use of annual leave time,
unless otherwise aut..~orized by the Director of Safety Services or
his/h P.r designated representative.
The maximum use of annual leave shall ba no graatar than the
amount accumulated by the u,ployea pri or to the starting date of
the employee's annual leave request, and in no event shall the
annu11l leave exceed four ( 4) consecutive waalcs unles ■ otherwise
authorized by the Di rector of Safety Services .
Annual Leave pay ycon Separation
Any emp loyee wh o i s separated from the service of the City,
i.e., retirement, termination er layoff, shall be compensated for
the unused annual leave time accumulated at the time of separati on
a t the employee's regular hourly wage rate. In the case of
voluntat;' separation, the employee shall be requ ired to give two
(2) weeks notice to the City.
15
Hgy Charged
Annual leave tor aployeH ■hall be charged on a working hour
baaia excluding regular days ott.
Bidding tor vacation•
Each otticer will bid one vacation, by seniority, tor th•
year•• period, January l through O.cuber 3l. Additional vacation
periods will be granted, on a first requHted basis, only attar all
seniority-bid vacations have been scheduled.
The bidding process tor vacations will take pla~e in November
as scheduled by the uniform bureau comnander attar completion of
all bidding for watches and days off.
Vacations are expected to be scheduled in good faith by each
emp l oyee and shall specify the exact dates desired.
In the uniform patrol bureau, not more than tour (4) officers
per watch will b-scheduled for vacation or holiday leave at the
..
same time, unless approved by th• Director of Sa!et.y Services. •
Within the bureau, not more than two (2) officers will be scheduled
for vacation at any one tillla unless approved by th• DL,..ctor of
Safety Services. Vacation within the in<restigations and
admi:1istration divisions will be scheduled by their division
commander according t~ seniority.
ARTICLE 17. HOLIDAYS
A. All o :ticars covered by this contract shall be scheduled
tor ten (lJ) days oft with pay at th" discretion of the Director of
Safety services or designee. Scheduling will be dependent on the
work load of the department . Upon mutual agreement of the employee
a,1d '.:..~e Director of Safety Services, a maximUlll of five (5) holidays
may ~e cashed out for pay in lieu of time off. At the uployee's
opt~on , one (1) holiday ~hall be gudranteed to be cashed out for
pay in lieu of time off. The rate of pay shall be at the
emp loyee's regular hourly wage rate.
In the unifor:n patrol bureau, not more than two (2) officers
per watcn will be scheduled for vacation or holiday leave at the
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-• t .illl•, unl••• approvad l:ly th• Dinctor c .f/ Safaty Sanic•• or
da■ignH,
Ha.:.idaya will b• bid attar all VB,-:;":t-.i~-IUI have been bid by
aeniority with vacations takin g pracadar,t '-""•'r holidays. Th• bid
tim• for holidays is th• ■lllH as vacati:ms according to bid
schadule, axcapt that any holidays not ■cheduled or uaed l:y
Augu ■t 1 or that yaar may b• a ■■ignad.
It attar th• amploy•• has bagun thair holiday a.nc:I tl:\a City
requires th• uiploy•• to work during the scheduled holit ti.r p •. ~ ,d,
th• employee shall b• compansated as tallows:
1. The employee shall be paid for all hours wor~ed at the
overtima rate.
2. The employ•• shall not be charged with holiday time for
thn number of hours worked.
a. Officers assigned to th• investigation buraau or other
spacial assignment shall ba allowed the regularly observed City
holidays and may be allowed a floating holiday option. They !UY be
allo•.ed to axchang• any of th11 below listed holidays tor any other
day in the year he/she is no:i:mally scheduled to work. Scheduling
will be made with the approval of th~ Director 0 ! Safety services
or designee. Holidays which may~• exchanged are the following:
Washington 's Birthday
Veteran's Day
Friday after Thanksgiving
Labor Ol'y
Memorial Day
Christmas Eva or New Year's Eve
If a holiday falls on a detective's regularly scheduled day
off, ha will be given an alternate day o ff.
This provision shall also apply to police officers regularly
assignad to spec i al duty by the Director of Safety Services .
.>.RTICLE 18. ADMINISTRATIVE LEAVE
Administrative leave with pay may be granted an employee at
the discretion of the Director of Safety Services or designee
This leave is used when circumstances require in the best interests
of the City and/or emp loyee tha·~ the employee should temporarily be
relieved from duty .
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ARTICLE 19. lll:I.ITARY ID.VE
A. Any pal:lUl\ent or probationary employee w o en3 ists or i ■
induc'l:ed. into the ailitary, naval, air or other a ~-~nd nrvicH of
the United States in till• of war shall b• entitl•6 to~ leave of
abHnce without pay tor th• duration of such war or unl:.11 honorably
diacharqed, whichever occurs first, and ror one (l) year
thereafter.
B. Any employee who shall be a member of the National Guard
or any other COIIIPOnent of the llilitary forcH of the State, now or
hereafter organized or constituted under th• State or federal law,
or who shall be a •ember ct the rHerv•J forces of the Uni tad
States, now or hereafter organized or constituted under fcideral
law, shal l be entitled to laa•1• of absence fro• his/her employHnt
without l oss of pay, ••niority, status, efficiency rating,
vacation, sick leave or other benefi~s for all the time when he/■he
is engaged with such organi:ution or c01Dponent in training or
active service ordered or authorized by proper ~uthority pursuant
to law, vhetl:er for State or federal !)t...-po::e!!, li•.1t n,,t exceeding
fifteen (15) days in any calendar year. Such leave ■hall ::.e
allowac. in case the required military service :'.s satisfactorily
•
performea, which shall be pres\ll1\ed unlaas the contrary is •
established.
c. suc.'t leave shall not b~ allowed unless th• u,ployee
returns to his/her public position illl:mediately upon being relieved
from such military service and not later than the expiration of the
time herein limited fo~ such leave, unless he/she is prevented from
so retu=ing by physical or mental disability or other cause not a
due to his/her own fault or is required by proper authorities to
continu.a in such military service beyond the time herein limited
for ~11ch leave.
o. Subj ect to provisions A, B, and C above , the City shall
provide full pay to an employee granted military leave, less
whatever wages t.'te employee may have t eceived by the ~ilitary for
s u ch se=-1 i ce.
E. Any employee who is required to attend a weekend reserve
duty may request ~at his/her scheduled duty days be rescheduled
dur :i.ng t!le same pay period during which the requested weekend
t all-~. Thi.s reque,:;t may be approved if such rescheduling can be
ac ,:-, •. .-· ·. ,',P.d at the convenience of the Po l i ce Division . Such
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requ-■t iauat be s\lbaittad to the Director of Safety suvicea u tar
in advance of the requested weekend as possible, but in no -t
shall i t be submitted lass than six (6) waaks in advance of the
raquHtad weekend, and th• Director of Safety Sarvic-■ shall
rHpond within two (2) wfflta attar the raquHt is received. Sue.I;.
requHt tor rHcbaduling llhall not arbitrarily b• denied.
ARTICLE 20. FtlNE'UL LEAVE
Th• Director or sarety Services shall grant leave with pay to
an IIJIPloy•• to attend th• tuneral of a -1:l•r of the -.ploy••' s
flllllily. Th• number or days granted ahall h governed by the
circumstances of the caae, but in no event ah!!.ll they exceed seven
(7) calendar days. For the purpose of this section, ••mploy••'•
family" ahall mean the a.ploy••'• ■pouae, or th• c:hi.ldren,
grandchildren, parents, grandparents, brother■ and sisters of the
employee or of the employee's spouse.
ARTICU: 21. JURY IlOTY
Leave may be granted to an employ•• tor serving on jury duty .
The employee shall be entitled to the difference between b.is/ber
regular compensation and the fees received tor jury duty.
ARTICLE 22. LEAVES OF ABSENC!: (WITHOUT PAY)
"ligibil; tv
Permanent employees covered by this Contract may be granted a
leave of absence without pay tor reasons of education vtlicb is
allied to the dutiea of the City, ■ettloent of an estate, child
care, serious illness o! a member of the employee's tuJ .ly, or
other good causes, but shall not be used tor the purpose of
obtai ning employment elsewhere. Leave wi':hout pay shall not exceed
s ix (6) month s of any year but may be extended tor good cause upon
request for additional periods of time. The total leave t ime shall
not exceed one year. Upon return from approved leave, the uployee
wil l be rest ored to their termer position if available or to a
position comparable f or whic!l the employee is qualified. During
ceri ods ~f unpaid leave, a11ployeas shall not continue to accrue
;erv i ce credit , or be eligible tor any City benefits •
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APPlication tor WY•
A requ-■t ror leave or ab ■anc• without i; y ahal.\ • ■1Jb1o•i '.:ted
in writing by th• eaploy" to the Director or sar ■ty &'■rvic-■• Th•
request ■hall indicate th■ ru ■on th• leave or all ■e.uc ■ ia l:iiing
requ•~t•d and th• approximate length ot leave ·.:ill■ r•,'lll•■ted .
cons i daration or Leave Raquest
Th• Director or Satety Servicu aay grant or dL-iy leave
requests, taking into con■ideration th• d■part:a■nt•s work tore•,
work load and the uployH'■ request.
Failure to B•turn
It an employee tails t .o return by th■ dat oi ot leave
expirati on , the employee shall be considered to have vo.t 1i.i1'l'a:c ily
resigned trom the service ot the City, unless th• appo t nting
authority determines that unusual circ:umatances exist ..
ARTICLE 23. PERSONAL LEAVE
Beg iiming January l, 1986, all employees covered by '..!lis
contract on an eight (8) hour work day shall be granted 48 personal
leave hours with pay and those on a ten 110) hour work day shall be
granted 50 personal leave hours with pay which an employee is
entitled to use tor the tallowing purposes:
A. Time lost as a result ot illness/injury to the employee
or the employee'■ immediate tuily.
B. Attend personal business.
C. ~eisure time.
For any employee who has not used the 48 or 50 personal leave
hours endi~g October 31 o f each year or any porti on thereat, the
City will compensate sai<'. employee tor the unused time at the
emp l oyee 's wage rate to be paid during the month ot December ot
t~at y ear. Pe~so~al leav-time shall not exceed the 48 or 50 hours
as d es ignated above nor shall it be accumulated or carried over
erom one y ear to t.~e next. Personal leave shall be scheduled and
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adainiatared under th• d :,raction of the Director of Safety Service■
tor par ■onal l:lu■in••• .md l ■i■ur ■ till•. In the event of
illn•••/injury in which par■onal. luva i• requ .. ted, th• aployee
■hall notify their ■upervi■or or other p ■r■on daeiqnated l:ly 1:1'.a
■uparvisor at laa ■t one (l) hour prior to their ■chedulad raport.bg
ti.Ille.
ART:tCU: 24. DISABILITY -TEMPORARY (NON JOB RELATED)
Oet i nition
Temporar:; ,_, .. ~!!\l; J.J i t:y i ■ leave granted
connected injury ,i,: .llln••• of an employee
prevents the employee t:r:om performing his/her
employee.
tor non-service
which disal:lility
dutias as a Cit:y
p~ovision
January 1, 1984, the City agrees to ~rovida temporary
disability leave with pay tor uployaas al:lsant as a result of
illness/injury at the rate of 100% ot the employee 's regular wage
up to 120 calendar days of disability.
Temporary disability leave shall not ba accumulative except
that: on January l of each year the City shall ra■tora 100, of the
numDar of days used l:ly an employee during the preceding year up to
a maximum of 60 days.
For the employees hired after January 1, 1994, and thereafter,
and covered by the terms of this Contract, the City agrees to
provide said employees t■-po:rary disal:lility leave with pay t'or
uployaes absent as a result of il~nass/injury as follows :
0-4 years
5-9 years
10+ years
60 days
90 days
120 days
For employees hired January l, 1984, and .thereafter , t emporary
disability leave shal: not: !:la accumulative except that on January l
of eacn year, the City shall restore 100\ of the number of days
used by an employee during the pracading year as follows:
0-4 years up to a maximum o f JO days
5-9 years up to a maximum of 45 days
10+ ye ars up to a maximum or 60 days
21
~tilization
A. Authorization tor t11111rorary disahi i..i.ty laave with ,-!'.;·
shall only be granted arter the tirst day ot disability.
B. Authorization tor t11111porary disab iL.-:.y shall only l:le
granted tor the tollowing reasons:
l. Personal illness or injury not servi ce connected,
including uternity.
2. Service connected in: . •r or illness only .itter the
nin~ty days dascrib· ,,·. in Article 26 bas been
exhausted.
sick Leave option
All s i ck leave accrued by permanent 11111ployeas prior to
january l, 1980 shell vest with the employee, and may be usad in
the following manner:
;\. After the 120 days es described above have bean us.1d •
unless the employee is entitled for retiruent as e result ot
disability.
B. By ,;ash.ing in all accrued sick leave accumulated undar
the previous plan up on normal or disability retir11111ent trom
the City at tbe rate of one hours pay for each two hours of
accrued sick leave or one hours pay for each four hours upon
separation from the City.
c. By cashing in accrued sick leave under th• previous plan,
once each year at the conversion rate of four (4) hours sick
leave for one (l) hour pay, not to exceed a conversion of more
than 4 0 0 hours each year.
Recorting of Temporary Disability
The employee or a member of the employee's household shall
notify the employee's supervisor at least 30 m.L~utes prior to the
employee's scheduled reponing time. No temporary disability leave
will be granted to an employee who fa i ls to notify their supervisor
or~or to t.'1e beginning of t.'le employee's work schedul e unless
~i rcumstances beyond th11 control of the employee would not permit .
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Y•riticatian a: Pi ■ability
It th• Director ot Sat ■ty servic-■ require ■ a phy ■ician' ■
statement ot di ■ability, th• City aha l bear th• co ■t ot ■uch
physician's statament.
Allus1 a: T1mcararv Disability
Abu ■• ot t ■mporary di ■abilit:y occurs when an employee
misreprH ■::its the actual reuc,n tor requ-■ting temporary disability
or when an amploy•• use ■ taporary disab ility leave tor
unauthorized purpo ■••· An ■-ploy■• who JU.ltes a talse claill tor
t11J11porary disability leave shall be subject to disciplinary action.
ARTICLE 25. ON-THE-JO~ YNJURY -DISABILITY
A. For any on-the-job L~jury which causes any 4lllll'loyee to =e
absent from work as a result ot such injury, the City shall pay to
such employee his/her full wages from the tirst day ot his/her
absence from work up to and including the 90th calandar day of such
a.bsence, less whatever ■llllls received by th• ■mployee a ■ disability
·.ages under workmen's C0lll)■nsation. Mtar exhaustion ot the ninety
(90) days it the employ•• is stiE -Usal!l an, he/she can utilize
leave under the provisions of Article 2~. 'i'hc, City res ■.--:-v•• the
right to require any ■mploy•• on injury or disability leave to
submit to an examination{s) by City-appointed physician(■) at th•
City's expanse or under the provision of workmen's compensation or
the retirement/pension provisions as provided under State Statute.
B. Al l injuries that occur during working hours shall be
repor:ed to the employee's supervisor within 24 hours ol the injury
or l:lefore the employee leaves t.':,.eir depart::Dent of ■mployment unless
circlllllstances l:leyond th• control of the employee would not permit.
ARc!CLE 26. LIFE INSURANCE
Ier:n life insurance will l:le provided l:ly the City for emp loyees
covered l:ly this Contract of $JO,ooo tor each employee. The City
shall continue to make its l:lest effort, subject to acceptance l:ly
the insurance company , to maintain a conversion privilege u·;,on
retirement of 100% coverage payable l:ly the employee .
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ARTICLE 27. DENTAL INStllWfC!!
A. The City will pay eighty-rive pe::-ccr..:. 'i!'•>c ; ,·t the
preaiWI co•t for dependent and eingle coverage for de:-,\ 1, !n11ursnoa
and aployH• will pay tiftaen percent (151) ol th.a pre:aillll co•t
for dependent and •ingla coverage tor dental insurance .
B. The City agree• to continua to provide eaeh employee
covered by this contract the •o• laval of dental benefits a•
provided to thaa u ot January 1 1 1980, except the City •hall
improve said benefits according to industry •tandards aaeh year.
Th• City will review orthodontics coverage to de~.anaine
whether the levels ot coverage can ba increased taking into a ccount
the premiWI levels tor all a:aployaas and the group ot employees
that desire such incr•a•ad covarag••· In addition, th• City will
review opportunities to provide orthodontic "riders" at an
additional pramiWll co•t !or aaployaa• who participate in such
additional coverage.
..
c. Any dispute concerning the interpretation or application
of benefits under the Dental Plan shall ba •ubjact to the dispute
resolution procedure only. (It i• expressly understood that this •
Article is a non-grievable itaa under this contract.)
o. In order to promote a batter understanding ot the City's
procedure !or resolving employee disputes concerning the
interpretation and application ot the City's health and dental
insurance program, the following procedures shall be utilized in
those instances where an employee foals that their health or dental
insurance claim has not been processed or paid in a manner
consistent wi th the City's insurance plan .
l. It an employees !eels that his/t, •·.
cla5.ll1 has been inco=ectly paid or de
shall first contact and infor,n ti,
coordinator in the Employee services
Hall.
health or dental
•d, the aaployee
city's Bene f it
Oivisi on at City
2. If the disputed claim cannot be resolved by t he
Benefits Coordinator, the claim will be resubmitted to
the insurance adm i nistrator for f urther revie .. • and
consideration .
J. I f the c l a i m cannot be resolved to the satisfaction
of the employee by the insurance adm inistrat or, the clai m
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vill be to:rvardad vith a ll pertinant ii:'.!01 .,aation t o the
City'• inaur,uice c:onaultant tor turt•o.r review and
invHtigatior, an4 vbo shall attaapt t u rHolve the
dispute throu.gb intoraation and lladiati on .
•· Th• written decision of City•• ir.auran c• conaultant
concarning clai:a disputes involving out-ot-pockat axpan••• to the aploy•• ot $!50 or lHa aball be final .
Claia diaput•• involvi ng out-ot-pockat expanse• to the
uaploy•• or more than $!50 unlua rHolved by City'■
insurance consultant to the aatiataction or th• employ••
shall be rorvardad t o the Co l orado Foundation tor Medical
care tor a coapleta reviaw or th• pertinent facts giving
ri■• to the dispute and shall ■ubait to th• City a
written decision which shall be rinal. Tb• co ■t tor
a.ploying th• COlorado Foundation tor Medical care ■hall
be paid tor by the City.
ARTICLE 28. HEALTH INSURANCE -EMPLOYEES/RETllEES
A. The City will pay eighty-five P•~cant (851) per month tor
th• premiwa c:o ■t tor dependant and ■ingla coverage and the
employ••• will pay tittean percent (1!51) of 11entbly premium cost
tor dependant and single coverage in any of· th• heal th plans
o~t •r•d by the City.
B. The City a.gr••• to continue to pruvid• to ea.ch employee
covered by this Contract the same level of health benefits aa
provided to them as or Janua:ry l , l98C , except th• City shall
im prov e sai d benefi ts accord i ng to i ndustry standards ea.ch y e ar .
c. Any dispute concerning th• interpretation or appl i cati on
ot benefi ts provided under the Health Insurance Plan shall be
subject to the dispute resoluti on procedure only. (It is expressly
understood that this article i s a non-grievable item under this
Contract.)
o. In order to promote a batter understanding ot the City's
proce dure for resolving employ ee disputes r.oncerning the
i nterpretation and application of the City's health and denta l
i nsurance program, the fo llow i ng procedures shal.'. be uti lized i n
thos e i nstances where an employ•• feels that their health or dental
i nsura nce clai m has not been processed or p•!~ i n a ma nner
cons istent with the City's insurance plan .
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1. It an aployH tHl ■ that hia/h•r h■alth or dental ..
claia ha• been incorrectly paid or d■nied, th■ aploy ■■
shall tint contact and intoni th• City'• Ben■tit
Coordinator in the bploy■e ServicH Division at City
Ball.
2. It the disputed claia cannot be r-■ol ved by the
Benefits Coordinator, the claia will be raaubaittad to
the insurance adainiatrator for turther review and
consideration.
3. It the olaia cannot be r-■olved to the aatiataction
ot the ■-ploy•• by the inauranca adlliniatrator, the claia
will be torvarded with all pertl.nent intoniation t o the
City's inauranc ■ consultant for turther review and
investigation and vbo shall attupt to resolve the
dispute through infor.atior, and mediation.
4. The vrittan decision ot City'• insurance consultant
concerning claim disputes invol ing out-ot-pockat
anses to the employee ot $50 or less shall be final.
Claim disputes involving out-ot-pockat expense• to the
uployee of •ora than $50 unles■ resolved by the City's •
insurance consultant to the ■atiataction ot the ■-ployee
shall be torvarded to the Colorado Foundation tor Medical
care for a complete review of the pertinent facts giving
rise to the dispute and shall. submit to the City a
written decision which shall be f.inal. The coat for
employing the Colorado Foundation tor Medical care sha l l
be paid for by the City.
ARTICLE 29. RET:nu:KENT BENEFITS
A. ~etirement benefits shall be provided for as stipulated
under state statute. In addition, the City shall continue to
provide th~ same level of benefits as provided for in the Englewood
Municipal Code .
B. Employ ee contributions will not be increased abov11 the 5%
to employees hired prior to April 8, 1978 and 8\ for employees
hireu after April 8 , 1978 contril>utior. levels u.~less required by
state statute.
c. It is understood and agreed by both parties that any
referral to health insurance for ret i rees or future retire es is not
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t o be con•trued 118 a part of thb Contract. Th• City aqr99•
out aid• thb Contract that it vill continue to allow retina• and
future ratireH a conversion privilege to \ he health in8uranc•
conver■ion plan available through the City. rh• City al ■o agree ■
to pay 50% of the co ■t of coverage of tile conversion plan or other
plan ■elected by the ratire• up to IUIXiJnul of $75. 00 per month for
eaploy••• who r•~ired on or before Oeceuer 31, 1994; and up to a
'll&XUWI of $100.00 per aonth for uployeu who retire on or after
January 1, 1995.
ARTICLE 30. RULES AND REGOIATI:OKS
Except as lilllited by the expr-■a teriaa ot thia Contract, the
City retains the right to promllgata reasonable rules, regulations,
policie ■, procedure ■ and directive ■• Said rules, regulations,
polici 1s, and procedurH and directivH which are an alleged
violation of thi ■ Con' .t ~ct ■hall be ■ubject to the grievimce
procedure.
ARTICLE 31. TUITION REroND
• Upon reco11111endation of the Director of S11.fet·1 Service ■ and
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after prior approval of the bployee Relation• director, the City
of Englewood shall reillburse a per1111nent, full-tillle police officer
upon successful completion of an approved course or courses in
education or vocati~nal training at the public in ■titution rate.
The course or training 111Ust be completed at an accredited college
or university, must be related to the work, be designed to illlprove
competence in the job, and be of value to the poli ce oftic;er's
servic , to the City. This shall include all tuition, and required
tarts.
ARTICLE 32. DOES DEDUCTION
A. The City agrees to d•~~ct the Aseociation dues once each
pay period from the pay of thos~ uiployees who individually request
in writing that such deductions b.: made, subject to the garnishment
laws of the State of Colorado. The amounts to be deducted ■hall be
certified to the Ci ty Finance Director by the Treasurer of the
Association, and the aggregate deductions of all employees shall be
remitted together with an ituiized statement to the Treasurer by
the 15th of the succeeding month , after such deductions are made •
The authorization shall be revocable during the term of tha
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contract, upon a thirty (30) day vrittan notice by th• uployH to
th• City Finance Di.rector.
B. If no wa ~•• are paid an authorized uploy•• on th• laat
pay period. of a givan pay period, deduction tor that pay period
will be ude from any wag ■• which .ay be p~ld to h1-/b•r on th•
next aucceec:U.ng final aonthly City pay p••riod. It i ■ ■xpr ■Hly
under ■tood. that the city &Hua-■ no Ht 1.lity and ahall not be
liable for the collection or payaant to th•-:Uaociation of any duH
during any tu• that an ..ployee ia not ac ~ually working for th•
city and actually on the payroll of the ,;;lt.y. In tll• av ant of
error on the checkoff list, the City will not be reapon■ible to
ult• adjuatlaents, until notified by th• Treaaurer of the
r.uociation.
c. The Association shall indemnify and hold the City
harml••• against any and all claiJ11S, ■uits, ord■rs, or judgments
brought or issued againat the City as a result of any action taken
or not taken by th• city under the provi~ion of this Article.
D. Changes in the dues uount to be deducted ■hall be
limite-:1 to two (2) change ■ uch year, and pro•rided a thirty (30)
day written notice is provided the City Finance Director. •
E. Should the change in the deduction amount oi:-method
require a CQllPUter progrlllllllling change, the Association shall be
responsible tor that coat ot auch change or changes, at $30 per
hour with a tour (4) hours maximum. Payment from the Association
shall be made to the City Finance Director within ten (10) days ot
receipt of billing .
ARTICLE 33. ASSOCIATION ACTIVITIES
The city agr••• that during working hours on the City premises
and without loss of pay, Asaociation representatives may be allowed
to: attend Association-aanagement meetir,.gs; attend negotiation
sessions; post Association notices on City designated bulletin
boards; solicit Association memberships during employee's non-work
time; and represent .. ployees on grievances and disciplinary
matters provided th• work load permits as determined by the
Director of Safety Services or designated representative and
requires no ov e rtime pay.
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AJl'l'ICLE 3'. I.ff'1'D OF CCJUU:CTIVJI AC1'ION
A. Oral Cgrr•st,iy• a,ctipn -Whenever unda for corrective
ection exi ■ta end the ■upervi ■or deter1ti.nu thet th• incident,
ection or behavior of the esploy■■ i ■ ■uoh thet aore ■ever• action
i■ not 1-■diately necee ■ary, the ■up■rvi■or ■hould orally
c:ommmioet• to th• ■-ploy•• the ■up ■rvi ■or'■ ab ■ervation of th•
probl-and offer aui ■tance in correcting th• ■ituation. When an
oral corr■ctiv■ action i ■ given, th• ■upervi ■or ■hould ■n ■ur• that
th• ■-ploy■•'• d■parta■ntal per ■onnel file i ■ dOCW11ented to ■how
th• data of th ■ corr ■ctive action an, the nature of th• correctiv■
act.ion. Th■ ■-ploy■• ahould b■ advi ■■d that th■ corr■ctiv■ action
vill b11 doouaent■d in th■ -ploy ■■'■ d■p■rtlll■ntal fil ■. !x ■-pl ■s
of r ■aaans that may r ■■ult in an oral corr■ctiv ■ action are liat ■d
und ■r Engl ■vood Municipal Cod■, Section J-lll-4.
B. i' .. itten corr,ctiy• Action Wh■n the aup ■rv i aor
deter111in ■s that a written corrective action is appropriat ■ and
n■cuaary, th• corractiv■ action shall b ■ addr••••d to the uiploy ■■
and sl:all include th■ violation; th■ sp■cific behavior and the
dates of the behavior (whtan appropriat ■) that support th• oharg■;
the ,,arning that continuance of this beh.avior will ruult in
diaciplinary action; and an offer of a~,i~tanc■ in correcting the
behavior.
A signed copy ot the corrective action by the aup■rvi ■or ■hall
be included in the uployee' s official personnel tile in the
Employee Relations Office, and th• uiploy ■a ehall have the
oppor~unity to subait written coD1ents in r ■aponss to the
corrective action to be included in the file. Attar a period of
one (1) year fro• the data of the filing of the written corrective
action, the employee's currant and regular ■uperviaor ■hall review
sai d letter and provide a follow-up letter indicating tn• atatua of
th• written corrective action. Exuplas of reasons that uy ra ■ult
in a written corrective action are listed under Engl ■wood Municipal
Code, Section 3-lM-4.
c. The employee r, ·.ains the right to request an
administrative review of tMe written correc·tiv■ action. The
Director of Safety Service!'! ■hall develop this administrative
review procedure which s h all ~ta min i mw: consist of a board with
equal representation of coJllland staft t ,~ be selected by the
Director of Safety se:rv·ices, and Association 111embars to be selected
by the employee. This boarrl o..hall be advisory t o the Director of
saeety services, and i\:s :fir.d ings shall be placed in the employee's
personn~l file. This Art i cle shall not be grievable under this
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contract. It this procedure i ■ not o))11a·:vad, at the requeat ot th• •
Aas:>ciation a -•ting -y ba held batvaan th• Dapartaant, th• Ci';y
1141\agar•• ottica and the Association to addrea ■ this i ■■ua.
ARTICLE 35. DISCIPLDfARY ACTION
Diaciplinary action■ an tho ■■ par■oMal action■ aaini ■tarad
against an employee tor an ottan■iva act or poor job partol'llAnca ,
which action■ adversely attact th• cu=ant pay, cu=ant ■tatu ■, or
tanura ot th• aployaa.
t. Disciplinary action penalties include ■u11pan ■ion,
duaotion, and di ■charga ot an aployaa.
2. Disciplinary action -Y ba adlllinistarad concurrently with
corrective action■•
3. Reasons tor disciplinary action ar■ datinad under 3-ll«-4
ot th• Mun i cipal COda.
An e~loyee shall be allowed at his/her discretion on ■ (1)
as ■ociation raprasantativa to ba pra■ant during p~i ■ciplinary •
•••tings. This provision ■hall apply only when an employee desires
the assistance ot an Association rapra■antativa and only whan the
1111ployee believe ■ that disciplinary action as defined above may be
taken against the 1111ployaa.
ARTICLE 36. GRIEVANCE PROCEOORE
A griavanca i ■ defined a■ an alleged violation concerning the
interpretation or application ot a specific provision ot this
Contract. The nployaa and th• Association shall be r■quired to
follow the procedure aa aat out below.
If the allployee/Association i ■ unable to settle the grievance
or djspute orally and inforaally through his/her immediate
supet Jisor witilin seven (7) calendar daya ot the date ot the
occurrence ot the grievance, or the employee's knowledge ot it, the
employee may within the succaading seven (7) calendar days tile a
written grievance with his/her auparvisor. The supervi ■or shall
attempt to resolve the matter and shall r■■pond in writing to the
employer. within seven (7) calendar days. An Association or general •
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qrinanc:a llh&ll 1M p~Ud dinatly by 1:h• Pruidant of DIA or
hi• de•iqn-to the Director of Sater.y Senicea.
It the qriavanca •till r ..aina unrHolvad, it •hall ba
pra•antad by tha eaployaa to tha Divi•ion Cbiaf in writing within
HVan (7) calendar day• followinq receipt of th• auparvi ■or•s
ra.pon••· Tha Division Chief shall raapond in writing within aavan
(7) cal.atlda.r days.
It the grievance still r..ain ■ unra ■olvad, it ■hall ba
presented by tha uployaa to tha Director of Safety Sarvicas in
writing within ■avan (7) calendar day■ following receipt ot tha
Divi ■ion Chia!'■ ra ■pon■a. Tha Dir~ctor of Safety Service ■ shall
re■po nd in writing within a.van (7i calendar days.
If the griavanca •till rU1ain• unraaolvad, it ■hall ba
present'!:! '-:>y th• uployaa to t!la City Manager in writing within
seven (7) .:_lander daya following receipt of tha Director ot sataty
sarvica ■ • ~2spon■a. Tha City !lanagar o.:-his/har da ■ignatad
rapraaanta<;i 7a •hall raapond in vri ting vi thin tourtaan ( l4)
calenda r clays .
It the grievance is still unresolved, th• amployee within
fourte•.m (14) calendar day• attar th• reply of tha city Manager or
his/h•ar dasignatad rapra ■antativa, aay by written notice requa ■t
the 111ntter be beard by an arbitrator. It within tiva days ,-,! tha
request tor a .:-bitration th• Association and the City ~:annot
autually agree on an impartial arbitrator, a raqua ■t will be tile(
with the Alllarican Arbitration Association for a panel of sav •
arbitrator ■ to ba sant to tha parties . Tha arbitrator sha.1.l ..,.,
salect.,-4. by a aethod of alternative striking of nuas from the
panel, with the first strike datarainad by a cc ,i.n flip. Th• tir,al
name left on the panel ahall ;a tha arbitrator. Tha arbitrator
shall be raquestad to isau• •· daci ■ion wit.nin thirty (30) days
after conclusion ot testimony and argwaant.
Each party shall be responsible tor compensation to its own
representatives ~nd witnesses. The tees of ~e arbitrator shall be
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llband equally by the Aaaociaticm end the City. It eitbar party
d•·•ir•• a verbatia ncord of th proceedinqa, it -y --a11ch a
record to ba made, provided it pay■ tor th■ racord and ll&lala copi••
available to tl".e arbitrator. If th• other party wi ■h•• to have a
r;opy of the tranacript, it ■ball ■hare equally all coat■ of th ■
~•cript.
Failure by an aployee or th• Aaaociation to coaply with any
ta• J.aita..:ion ■hall conatitl&te a Httl-ant of th• grievance.
Sllould th■ uiployer not napond within th• prucribed t1-, the
griavanc• will automat ically procHd to the naxt atep. At the
aploy••' s option, the aployer ,•ay be allowed additional tua to
respond.
Authority at Arbitrator
Th• arbitrator ■hall have no power to add to or aubtract trom
or change the tarw.a of thia Contract. Th• written deciaion ot the
arbitrator shall be final and binding upon th• parties. The
arbitrator shall limit his/her decision ■trictly to the grievance
submitted which has bean properly proces ■ed through the grievance
procedure outlined.
Processing Grievance curing working Hours
Grievances way be inveatigated and procesaed by the aployee
and one (l) on-duty association r~preaentativ• at th• aployee•s
request during working hours within r ■a ■onable ti.lie lilai~s without
loss of pay provided notice is given and the work load permits.
ARTICLE 37. EXCLUSIVENESS OF COIITlUCT
Th• City and the Association agrH that th• terms and
provisions hara 1 .. .1 contaJ.n11d constitute the entire Contract between
the parties and supersede all previous communications,
representatives or agre .. ants, either verbal or written, between
the parties with respect to the subject aatter herein. The City
and the Asaociation agree that all negotiable it ... have been
discussed during the negotiations leading to thi Contract and,
therefore, agree that negotiations will not be r&opened on any item
during the life of this Contract axcapt by mutual agraaaant oC the
parties.
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IM wrnrus WIIDEOP, the part.iu have cauaed thi■ contract to
be signed by their re ■pective npruentativea, and their ai9ft&turu
placed thereon, on thi■ ___ d7'y of ________ , 199_, at
Englewood, Colorado.
CITY OP E!IGLEWOOD
ATTEST:
City Clerk
City Manager
E!IGLEWOOD POLICE BZKB!'IT
ASSOCllTIOM
3 3
•• COUNOL COMMUNICATION
Date Agenda Item Subject
September 3, 1996 Collective Bargaining
Contract between the City
10 a iii and the EPBA for 1997
Initiated By Staff Source
Department of Administrative Services Martin Semple, Attorney at Law
Semple & Jackson, P.C.
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
lhe Collective Bargaining Contract with the Englewood Police Benefit Association was
approved by Council for 1995 and 1996.
RECOMMENDED ACTION
Staff requests Council approval of the Collective Bargaining Agreement between the
Englewood Police Benefit Association and the City of Englewood for 1997. The contract covers
approximately 50 employees.
BACKGROUND, AN AL YSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Police Benefit Association entered into
negotiations in May of 1996 ir, accordance with the Ci•y of Englewood Charter. The members
of the Englewood Police Benefit Association duly rati f,ed , by a majority vote, the te ntative
Collective Bargaining Ag reement.
Sign ificant chang~s to the contract include th e fo llowing:
1. Und er Article 5, pages 5 and 6, the provisi on which provided compensation at one-ha lf the
regularly sc heduled wage rate for a missed mea l peri od , was eliminated.
2. Under Article 6, page 7, provisions regarding non-biddable shifts were revised . The new
con tract includes two such shifts n Watch I (versus one previously) and three such shifts
on Watch II (versus two). The previous contract also included two non-biddtible shifts on
Watch HJ . Further, ail new positions added to the unifonn patrol bureau after January 1, e·
1997, will be non-biddable. , ·;
3. Under Article 9, page 9, the median approach for detennining wages was eliminated.
Employees covered by the Contract will receive a two and eight-tenths percent (2 .8%)
increase on the 1996 base wage rate effective January 1, 1997.
4. Under Article 36, page 30, the grievance procedure was modified to provide for a neutral
a rbitrato r instead of the Career 5Prvice Board which was e liminated through the Charter
Amendment.
FINANCIAL IMPACT
The impact of th e increase (item 1) on wages, and benefits impacted by wages, is
approximately $71 ,000 fo r 1997. No other changes to the contract have a si gnificant impact on
costs.
LIST OF ATTACHMENTS
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