HomeMy WebLinkAbout1994 Resolution No. 091• RESOLUTION NO . iL._
SERIES OF 1994
A RESOLUTION APPROVING THE COLLECTIVE BARGAINING CONTRAC'."
BETWEEN THE E;mLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31,
1996.
WHEREAS, the previous Collective Bargaining Contract with the Englewood Police
Benefit Association was effective from January 1, 1993 through December 31, 1994; and
WHEREAS , the City of Englewood and the Englewood Police Benefit Association entered
into negotiations in May, 1994 in accordance with th e Englewood City Hom e Rul e Cha rter
and a tentative agreement was neg11tiated ; and
WHEREAS , the members of the Englewood Police Benefit Association duly ratified, by n
majo rity of the members , the tentative Co llective Bargaining Agr'eement ; and
WHEREAS, there were changes to the contract from the previous contract: and
WHEREAS , employees covered by the Contract ard who we re hired on or before
Dece mber 31 , 1994 will receive wage rates ba•ed on the median of tw elve survey cities listed
in the cont111ct up to a maximum two and one -quarter percent (2 .2S%) increue effective
January 1, h'95 and an additional one and one-quarter percent (1.25%) increase effective
July 1, 1995: and
WHEREAS , effective January 1, 1995 , a classification of Probationary Police Officer IV
is established and the base wage rate for 1995 for this class.iication will be $2,450 per month
for 1995 ; and
WHEREAS , salary for 1996 will be negotiated in 1995; and
WHEREAS , if nece ssary, health and dental benefits will be negotiated in 1995 for 1996;
and
WHEREAS , for employees who retire on or after January 1, 1995, the City agrees to pay
50% of the cost of health insurance up to a maxi ll'um of$100 per month :
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
Si:wsm...1.-The City Co uncil of th e City of Engl ewood , Colorado hereby approves the
Co lle ctive Bargaining Con tract between the Englewood Police Benefit Association and th e
Citv of Engl ewood for the period of January 1, 1995 through December 31 , 1996.
~-The Mayor and the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Contract between the Enelewood Police Benefit Association for the
period of January l , 1995 through December 31, 1996, for the City of Englewood, Colorado.
ADOPTED AND APPROVED this 19th day of December, 1994 .
I, Loucrishla A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
.,_~, • <ru• •~ ''"•'•Noo No$.. s-;., • "" ~t&o
Loucrishia A. Ellis
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CONTJI.ACT BETWEEH '1'llB
CITY OP EHGLDOOD
Ali1l THB
POLICE BEHBPIT lUISOCllTIOH
POR '1'llB YEARS
UH_:t Alm ltH.l
This reproduction ot the 199-..22 and 19~li contract has been
prepared by the City Administration tor all distribution to all
covered Police officers ■o that everyone will be aware ot the rights and benetits contained herein.
• CQl'l'llC'f H'fllll ffl
CITY or lllGLl'fOQD
AIID....TJll
QGLPOQP POLICZ B!N!PIT ASSQCIATIQX
Thia Contract entered into by the Cit} of Englewood, Colorado,
and the Englewood Police Benefit Aa ■ociation ha• a ■ it• purpoae the
promotion of harmoniou• relation ■ between the City of Englewood a nd
its employ•••• a fair and peaceful procedure for the re ■olution o f
difference ■; the ••tabliahment of rat•• of pay and hours of work,
and other condition• of employment 111Utually agreed upon.
Except where limited by expres• provision ■ elaewhere in this
Contract, nothing in thi• Contract ■hall be construed to restrict,
limit or impair the right ■, powers and authority of the city as
granted to it by con ■titutional provi ■ion, statute, ordinance ,
charter or apecial a~t, the exclusive power, duty and right ■ to;
A. Determine the overall •i ■■ion of the City as a unit of
goverr.inent .
B. To maintain and improve the efficiency and effectiveness
of City operations.
c. To determin~ the services to be rendered, the operations
to be performed, the technology to be utilized, or the matter ■ to
be budgeted.
D. To determine the overall :.athoda, processes, means, job
classifications or persoMel by which City operations are to be
conducted.
E . To direct, supervise, h ir~, promote, transfer, assign,
arhedule, retain or lay-off employees.
F. To suspend, d .~~ipline, discharge, and demote for cause ,
al l full-t!.l:le r~rmanent classified employees.
G. To reli eve employees from duties because of lack of work
or fun1s, or under conditio·s where the City determines continued
work would be inefficient or nonproductive.
H. To take whatever other actions may be necessary to carry
out the wishes of the public not otherwise specified herein or
limited by a co llective bargaining contract.
I . To t~ke any and all actions to carry out the mission of
the City in cases of emergency.
J. Nothing contained herein llball preclude the City trom •
conferring with it• employ••• tor purpo••• ot developing policies
to ettectuate or impleent any ot the ellove enU111erated right ■,
ARTICLE l. DURATION OF CONTRACT
A. This Contract shall take ettect on January l, l9~ll and
■hall continue in force to and including December 31, l9~il-
NEGOTIATIONS ON SALARY AND HEALTH AND DENTAL BEl{EFI~s FOR 1996.
SHALL OCCUR IN 1995 ON THE TIW,TABLE FOR NEGOTIATIONS AS SPECIFIED IN THE CHARTER,
B. This Contract, or any part ot it, may be terminated or
renegotiated at any time by mutual consent ot both parties.
c. If any article or ■action ot thi• contract should be held
invalid by operation of law or the District Court, or it compliance
with or enforcement ot any article or ■action should be restrained
by auch District Court, the r8111Ainder ot thi• contract ■hall not be
attactad thereby and this Contract ■hall remain in tull force and
ettact, and the parties shall promptly negotiate for the purpose of
attempting to arrive at a mutually aati ■tactory replacement ot such
article or section.
D. The parties agree and understand that provision ■ relating •
to employee ■ covered by this Contract ■hall in no way displace or
modify present or future statutory or ca•• law of the State of
Colorado.
E. The parti es acknowledge that during negotiations which
resulted in t.his contract, each had the unlilAited right and
opportunity to make demands and proposals with rHpact to any
subject or matter appropriate tor negotiation diacus ■ions and that
the understandings and agreements arrived at by the parties after
this exercise ot that right and opportunity are ■et forth in this
Contract.
ARTICLE 2. RECOGNITION
The City recognizes the Englewood Polic~ Benefit Asoociation
as the employee organization certified by the Board ot carear
Service Commissioners ot the City ot Englewood as the exclu0 ive
r opresentative for sworn Police employees within the following
bargaining unit:
Included: All full-time, classitiad sworn police offi;:ers
below the rank of Sergeant of the Ci ty Police
Department .
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EXcluded: All other• a• deteI'11lined by the Board of career
Service CoJDllli~sioners.
ARTICLE 3 . EMPLOYEE RIGHTS
l. A full-time classified employ,.., who is not a confidential
uployaa, a managerial uployee, or a •uparvi•or shall have the
right:
A. To form, join, •upport or participate in, or to
retrain from toI'11ling, joining, •upporting, or
participating in any uployea organization or its
lawful activities.
B. Bargain collectively through their certiried
employee representative.
c. No uployea ■hall be interfered with, restrained,
coerced or discriminated agaj,nst because ot the
exercise ot these rights nor shall the right ot an
individual employee to discu•• employment concerns
with the City be infringed upon.
2. The City and the Englewood Police Benefit As•ociation
mutua11v agree that a fair and impartial inva•tigation ot otticar•
is deUled appropriate and naca••ary. A written policy ha• bean
developed and included in the operation• 111anual specifically
addras•ing the issue ot adlllinistrativa and criminal investigation•
and 8111ployaa rights. No changes will be made in thia policy
witho,,t prior consultation and review with aaaociation
r~prasantativa(s).
ARTICLE 4. SENIORITY
For the purpoeas of this Contract, ••niority •hall be
deteI'11lined first by length ot continuous full-time service with the
City Police Department according to rank and second by length ot
continuous full-time service with the City Police Department from
ne first date ot hire, provided ths employee successfully
completed the probationary peri:,d. In cases where two or 111ore
employees have the ~ame hire date, the badge nUlllbar as issued by
the department st1all establish priority ot posit.ion on the
seniority list.
The tirst twelve months ot employment constitutes the
probationary period, during which time seniority will not apply.
After an employee succasstully completes the probationary period,
their name shall appear on the seniority list as ot the fir•t date
o! hire.
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Th• seniority of an .. ployaa ahall tarainata under any of tha •
following conditions:
1. When an amployaa has bean laid off for a period of ona
year or moro.
2. When a laid oft amployaa tails to giva notice ot tlie
amployaa'• intent to return to work within Hvan (7)
calendar days after th• City has ■ant to the employee's
last known adareao on file with the City a certitied
letter requesting tt .• employee•• return to work .
3. Whan the employee gives notice but fails to raturn to
work within seven (7) calendar days after the aforesaid
letter has been sent to the amployee.
4. When the employee'• employment with the City is
terminated for any reason.
5. Whan an amployaa ia on laavti of abaenca ,,,. provided under
Article 23.
6. If an employee ia absent for tllraa (1) consecutive
regularly scheduled working days without n.otifying the
Director of Safety Services or immediate supervisor p~.ior
to such three (3) days• absence without good cause as
determined by the Director of Safety Services.
7. Failure to return to work after expiration of a formal
leave of absence.
8. An employee rehired but whose absence from City
employment was less than P ighteen (18) aonths will hav.
their prior accrued seni ority wi th the City restored.
ARTICLE 5. PROBATIONA•RY EMPLOYEES.
A. The probationary period for all newly-appointed Police
uaployees shall not be leas than twelve (12) aontha from the date
of hire . After completion of the probationary period, the employee
shall be eligible for permanent atatus.
B. Any permanent employee covered by this Contract upon
being promoted to a new position i n the career Service System shall
have probationary status as set out above in any position to which
he/she was promoted, but shall retain permanent status in his/her
previous c l assification and may voluntarily transfer back to the
previous position at any time, or be returned to that position by
the appointing authority during the probationary period.
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c. bploy••• rahir•d •• provl.djld under the prcvi ■ion■ of th•
City'• adaini ■trative procedure ■ with le•• than one (1) year of
Hparation tr0111 the Ci~y ■hall b• ■uJ:,ject to a probationary pariod.
Th• Director of Safety servicH, with th• approval of th•
appointing authority, aay aodity or waiv• the probationary period.
All'rICLE 6. HOURS OF WORK
The Police Department shall obserra attic• and working hours
necessary for the efficient trans4c~ion of their rP.spective
s11rvices.
work week
A work we•k is a r•gular r•curring period ot 168 hour~ in
the form of seven consecutive 24-hour periods. The work
week need not be the same as the calendar we•k. The work
week may begin on any d:.y of the week and any hour ot the
day and need not be the same !or all employees.
B. l!'._9rk Schedule
1. The work scheduls tor of.ticers assigned to the
uniform patrol bureau, including roll call and meal
p a riods, shall consist of five (S) eight (8) hour
and fifteen (1S) minute work days; tour (4) ten
(10) hour and fifteen (1!5) minute work days; or
other work schedule as d•terained by the Director
of Safety Services.
2. The work schedule tor officers assigned to the
investigation bureau or ct.her ■pecial assignment,
including -al periods, shall consist of tiv• (S)
eight and one-half (8-1/2) hour work days, tour (4)
ten (10) hour work days or other work ■chedules as
determined by the Director of Safety Services .
J. Any change in an off.icer's bid or assigned schedule
(starting time, quitting time, ■cheduled days off)
will be made in accordance with paragraph C except
schedule changes may be mad• without notice it the
affected officer agrees.
The city agrees to review with As ■ociation representativeo
issues and concern,1 regarding the method and possibl e compensation
associated with sc/1.edule changes.
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c. Changing Work Sch1dul11
The work ■chadule aay be changed by the Director ot
Safety Service ■ provided a ■inimum five (5) day ■ advance
notice i ■ given. Work ■chedule ■ aay be changed without
advance notice in th• ca■• ot uergenci•• a ■ daterained
by th• Director ot Safety Service ■• When an employee'■
work schadulo i ■ changed tor purpo ■e ■ ot training,
apecial instruction, ate., th ■ sup ■rvi ■or ■hall aaka a
reasonable at tort to accoamodat ■ the uploy••' a int ■re ■t ■
concerning the scheduled change.
o. HAnn.ing
The need tor an appropriate level ot aanning is
reco,;,niz ■d by the City tor the purpose ot ■ttici ■ncy and
safety. Th• Police Department vill addra ■■ thia iallue in
departmental pol .icy.
E. Meal Period• -~atrol otticers
F,
Ot!icers assigned to the uniform patrol bureau shall b,,
allowed a paij meal period ot torty-tiv ■ (45) minutes
each full worl: day. The meal period shall be authorized
and controlle1 by th ■ uployee•s supervisor. An employee
may conduct per ■onal buain••• during the meal period.
Meal Periods -Detectives
Officers assigned to the investigation bureau or other
special assignment shall be granted a paid ■eel ' period ot
thirty (JO) ainutes tor each full vork day. Employees
working a ten (10) hour vork shift ■hall be allowed a
paid torty-tiv• (45) ■inute ■eal period. Th ■ aeal period
shall be authorized and controlled by the employee's
supervisor,
G. Rest Periods
Employees shall be granted a paid rest period not to
exceed fifteen (15) minute s during appro>:imately the
first one-halt ot the uployee•s regular work day and an
additional fifteen (15) minutes rest break approximately
in the second one-halt ot the work day. Rest periods
shall be authorized and controlled by the employee's
supervisor.
H. }'jissed Meal Period -Additional COJIRn'.ulilm
It an employee is denied a meal pe,~iod as described above
and no alternate meal period is provided, the employee
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ahall. be paid an additional one-half (1/2) the oployH'a
regular hourly wage rate for th• aiaaed ••al period. It
i• underatood and agreed that aiaaed meal period• are a
non-grievabl• it•• under thi• Contra~t .
ARTICLE 7. BIDDING PROCEDURES FOR SHIFT ASSIGIIHEIIT
A. Seni ority applicable to the Hniority bid proceH will be
determined in accordance with the total length of continuous
oployaent as a Police Officer with the City of Inglewood. Prior
City amployiaent in other than a Police Offi cer capacity will not
apply toward saniority. Probationary upl oyees will not ba
included in the bid procaas .
Bidding tor watches and pays ott
B. The seniority bid ayst .. will be l·.pplicabl• to pauonne l
assigned to the uniform patrol bureau only, and will not blJJ
authorized in any other bureau or special a ■aignaent.
Th• uniton patrol bureau coaaandar will develop t1 rd p ••t a
schedule prior to each year tor a twelve-month period.
A patrol officer in the unifon patrol bureau will bid once
each year in November tor as ■ignaent■ within four (4) ·three (3)
month intervals.
There will be a total of five (5) non-biddable poaition■ which
shall consist of one (l) non-biddable position on Watch I and two
(2) non-b i ddable positions on each of Watch•• II and III. The
bidding process will begin with the moat senior Police Officer
bidding the positions of their choice. In the de ■ce nding order of
■aniority, each remaining Police Officer will have 6 0!~• of the
remaining biddable positions. All specialized poaitic,r,;< ~•lch as
•e-al'ayale affi ■alF, crime prevention officer, traffic offic!lr, etc.
will not be open to bid. If \Be •ehHyd~· pH,.H is
lliaaa11-i1111ell 1 t.he ••-e•ayale pe ■i-ia11a will lleaa•e llillllallle. The
specialized assignments along with any no-bid poaitiona on a watch,
will be in addition to the biddable position on each vatch.
Officer• may requaat non-biddable poaitiona and an attempt ,_. ,11 be
aade to accommodate them, but such positions will b• aaai _;nr,d at
the discretion of the unifon patrol bureau co1111Bander.
If an employee fails to submit a bid in accordance with the
bidding procedure, the employee will relinquish the opportunity to
bid by aenior ity, and will be assigned at the diacretion of the
uniform patrol bureau commander .
An employee in an other assignaent, who is reassigned to the
uniform patrol bureau will occupy the position vacated by the
employee they are replacing. If other positions are available, the
employee may requeut a ,aignment to such po ■itiona, but may only be
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aa ■igned at the di ■cretion or the patrol divi ■ion couander . Th•
otticer will then be allowed to bid at the next bid proc•••·
It ia turther under ■tood that ■hould a ■chedule change tor
untore ■e e n U1ergency circwutance ■ aria ■, otticer■ :aay be a ■■i gned
by th• unif:ol"lll patro1. bureau comaander troa one ■hitt to the other
to handle whatever aJRe r.ge ncy situation exi ■t ■ during the duration
ot the emergency.
ARTICLE 8, SPZCI AI, ASSIGNMENT
Etfective January l, 1988, the Department will e ■tabli■h a
written proc• ,,a t or ■election and ••rvice including pertor:aance ot
employees fo r s pec ial assignmente as identif~ed below.
Th• Oirecto~ ot satety service ■ will con ■ul e with tbe
Association regarding any tuture change ■ to the ■eleot .. t.on proc:-■a .
Cr i me Scttne .Tnveatigation
Motorcycle O"t i cer
Special Weap ~~• and Tactic■ (SWAT)
Detective
Field Training Otticer
Range Officer
p,, -sonnel Inveatigator
T affic Ofticer
l~rartment Al"lllorer
iJl, t"t: Officer
ARTICLE 9. LAYOFF
Whenever there is lack or work, lack of tund■, or under
conditions where the City detel"lllinea continued work would be
inefficient or nonproduc-cive, the 11.ppointing authority ■hall
designate the positions in wh i ch the layotf is to be aade .
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The order of layoff shall be detel"lllined by the City Ma nager on
the basis of the quality and length or servi ce provided by the
employAes in the affected area s. Quality of work will include the
employee's total employment record. Thi ■ record includes annual
perfol"lllance evaluations, comm.,ndation■, dis ciplinary actions,
education, trai~ing, etc. Any employees who have not yet achieved
permanent or regular status or who have less than eight,;,en (18)
aonths of full-time employment with the City shall be laid off
first, regardless of perfol"lllance. Permanent omployeee vho are laid
off have the right to be re81Dployed in their rupactiv• clas ■, in
inverse order of layoff , provided that such recall occur■ within
one (l) yeo.;r of layoff. The City's obligation to reuploy an
SDployee shall be satiafied if it aakes an offer of -ployaent to
an employee within a classification for which the aJRployae is •
qualified . In the event the empl~yee fail ■ to accept the offered
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nployment, the offer will be deaed •• deniad end th• uploy••'•
right• with th• City shall in all r■•p•ct• be teniinated at the
tiae. In the event th• quality end lenqt.b of Hrvica are equal,
aeniority ahall prevail. An aploy•• in a higher rank if laid off
may transfer to his/her previoua lower rank provided the employee
had permanent ■tatua in the lower rank. An employee ■o transferred
■hall have the first right of refusal to the former high level
posit ion that the employH had held. The r■call list ■hall
terminate after twelve (12) •onth ■,
Employees shall not continue to accrue service credit,
including seniority, or be eligible for any City benefit ■ during
layoff. In the event or a lap,f.t, affected employto ~I!: will be 'given
a ■ much advance notice aa P~••ible.
ARTICLE 10. COMPENSATION
A. The ■alary ■chedl•l • c.hat bec11;ae et f111-,tive on January l,
l99-4is as follows:
POLICE OFFICERS
PHlllecb11aF)'~\:E OFPI CJ'~
Police otfic~ : n :I
Police Office · rI
Police Otticei I
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~ $~2,537.90
~2.790.84
~.3.,J!20_,H
~3,376,12
B, Effective January l, 199•~• emF 1oyeee ~ covered b}•
this contract AND WHO WERE HIRED ON OR BEFORE DECEMBER 31. 1994.
will receive WAGE RATES BASED ON THE MECIAN AS STATED BELOW~
A MAXIMUM OP 2.251 INCREASE OJ! JANUARY 1. 1995, AND AN ADDITIOJ!AL
1.25' INCREASE ON JULY L 1995. fOR EXAMPLE. IP 'fflE MEDIAN WERE TO
COME IN AT 3, 0\, THE INCR;:;ASE WOULD BE 2, 25t ON JA!IUARY 1, 1995,
AND Q,751 ON JULY L 1995, IF THE MEDIAN W!RF TO BE 4,01. THEIi THE
CAP WOULD APPLY AND IT WOULD BE 2,25\ ON JAJIUAhY 1. 1995. AND 1.251
ON JULY l. 1995 .
m ME DIAN WILL BE DEVELOPED FROM m MEDIAN-BASED MONTHLY
SAW'i FO R POLICE OFFICER I FROM THE FOLLOWING DENVER METROPOLITAN
. ,)L ICE DEPARTMENTS·
Arvada
Boulder
Commerce City
Lakewood
NorthgleM
Westminster
Aurora
Broomfield
Denver
Littleton
Thornton
Wheat Ridge
The methodology used in de termining the •edian wage rate is
set forth below:
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(1) The monthly strai9ht time wage rate excluding all •
other forms of c011pensation fer Police officer I from
each of the dapartllanta listed above will be arranged
from highest paid to lowest paid and the median wage rate
will than be datar.inad.
(2) once the median wage rate for Police Officer I is
determined, that rate will than be uaad in establishing
the city cf Englewood'• wage rate fer Police Officer I.
( 3) In order to accurately determine the wage rates from
each of the above cited citiu, wage data w!ll be
collected by the City by November 1, 199:1 uill 1gga1. All
wage data collected will be subject to verification by
the Association by November 15, 1993 anll l993f.
( 4) Should a dispute arise between the City and the
J,,,soc.Laticn concerning the accuracy of the wage survey
dt..t a , the clial"uta shall be aubjsct to the grievance
procedure conta~ned in this Contract.
C 5 l THE MEMORANDUM OF UNDERSTANDING DATED MARCH l 7 ,
1993, SHALL CONTINUE IN EFFECT FOR l99L_
EFFECTIVE JANUARY ' 1995, THERE IS CREATED A FIFTH
CLASSIFICATION OF PROBATIONARY POLICE OFFICER IY, AND THE BAS.uAG.f:
RATE FOR PROBATIONARY POLICE OFFICER IV HIRED ON QR AFTER JANUARY
1, 1995. WILL BE S2.450.QO PER MONTH FOR 1995.
Baae salary
For the purposes of detentining an employee'• base wage, the
uiployea '• regular straight taa hourly wage rate and longevity
ahall be used, excluding all other foriu of uployee co■panaation.
(The above provision shall be uaad only for the purpose cf
detentining pension benefits under the City and State pension
plan.) In order to comply with Fair Labor Standards Act, longevity
will be used to determine overtime compensation and calculated at
the end o ~ ~a c h yG ar .
Merit Increase
The wage increase provided for Police Officer 4th Class
through 1st Class shall not be considered automatic, but rather
based upon meritorious service. Said merit increase may be granted
or deni~d to any individual Police Officer upon recommendation of
the Director of Safety Services and with the approval of the City
Manager upon written notice to such individual Police Officer. The
date in which the merit increase is approved shall determine the
new merit anniversary date .
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ARTICLE ll. LONGEVITY COMPENSATION
In addition to an employee'• monthly •alary, the OlployH
ehall b• eligible for longevity compenaation baaed upon the number
of year• of continuous aervice with the City and ■hall be derived
from the following achedule.
Year ■ of
service
10-14
15-19
20 or
Am ou nt ot: com,pen ;p11llin
S H -...-month lor $144 l)6r year, except for those
uploY•"" 1,hc have not complated 6 full yaara of
continuoue aervice on Dar.ember l of any year, which
empicyaes ~hall recs ive an amount equal to $12 tor
each full month of completed cont inuous aervicoa
after completion of 5 year ■ of con~inuou• aervice
up to December 1.
$24 per month tor $288 per year, except tor those
employee ■ who have not completed 11 full years of
continuoue service on Dec&llber l of any year, which
-ployees shall receive $144 plue an amount equal
of $12 tor each full aonth of completed continuous
service after coapletion of 10 years of continuoua
service up to Decuibar 1.
$36 per month for $432 per year, except for those
employee ■ who have not completed 16 full year ■ of
continuous service on December 1 of any year, which
uiployee shall receive $288 plus an amount equal to
$12 for each full month of completed continuous
■ervice after completion of 15 years of ■ervice up
to December 1.
more $48 per month for $576 per year, except for tho ■e
employees who have not completed 21 full year ■ of
continuou ■ aervice on December 1 of any year, which
employee ■hall receive $432 plue an amount equal to
$12 for each full month of completed continuous
service attar completion of 20 year ■ ot continuous
service up to December 1.
ARTICLE 12. OVERTIME WORK
A . Emp l · ~es covered by this Contract shall be c~mpensated
at 1 . a and one-half (l 1/2) the employee's regular
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hourly rate of pay tor all a-■iqned hour• worked over and
above their regular work echedule.
B. C'Va rtime ■hall not be pyramided, compounded or paid twice
tor th• ■am• hour ■ worked.
c . Th• city retain• the right to aaaiqn overtime vorlt to any
employee qualified to pertor11 th• work.
lln.l.wlt,•J...n;J overt i ma
un , . .:h .i duled ovurtime is defined as overtime where less than
twenty-four (24) hours not~ce ia given to the officer. overtime
will be off ered on a voluntary basis first -~th th• most aenior
officers ~iven first choice. If there are no volunteer ■, the leaat
senior of f i cer will be r quired to work the overtime; unless an
acc0111mod a .c.J n c an be made as authorized by the eJDployee I s
supervisor.
This provision will be subject only to the watch going off
duty and the watch coming on duty.
Schedul ed overtime
Scheduled overtime is defined as overtime where aore than
twenty-tour (24) hours notice is given to the officer wh o is
assigned overtime work. Scheduled ovartillle will be ottered on a •
seniority basis first with the aost senior officer given first
choice, and the least senior officer required to work the overtime .
This overtime is limit ed to the affected watch only.
compens atory Time
Elllployees who have worked overtime hours may take time off in
lieu cf overtime pay upon mutual agre811lent between the eJDployee and
the employee's supervisor. It there is no mutual agreement, the
emp !oyee shall be paid. Compensatory t ,e off in lieu of overtime
pay shall be taken during the pay period in which i t waa earned and
shall be paid in accordance with the Fair Labor Ste.ndards Act .
ARTICLE 13, CALL BACK
A, An employee on off-duty at atu11 who is called b o\Ck to duty
shall be credited with a minimUlll of two (2) b ~11 of pay
at the rate of one and one-halt (l 1/2) the employee's
regular hourly wage rate.
B. An employee ca .led back to work during the firs t two (2)
hours prior to the start of their regular shift shall be
-12 -•
paid at the overtiae rate for all houra actually worked
up to the ■tarting till• of their regular ahi f t.
c. Should any employee b• required to teatify before an v
court or departmental adllini ■trative hearing••• r e aul ~
of hia/ber official duti•• with tlie City, the ti•• ■pant
by ■uch employH in providing auch te■tillony 1.hall b•
con ■idt1red to be work ti.JI•. If ■uch appearance for
te ■timony i• at a time when the nployee would tbervia&
be off duty, the uaploy•• ■hall be paid a ■ provided unde r
Section A above. Th• employ•• ■hall pay to the city all
witnesa fees, and other oo•pen ■ation paid to th• uiploya<J
in conjunction with ■o te ■tifyinq excluding •il•aqe b •~a.
An employee who i ■ called for witn••• duty ■ball present
to their supervisor th• original a111111ons or aubpoena f,;0111
the court or at th• concl11aion of auch duty, ahall
provida a signed ■tat .. ent t r ·;,n the clerk of the c:o.ut ,
or othe r evidence indicatl.nq t.t.e uount of tae hi1Vb•r
person was required.
D. When an employee is subpoenae,' ,s a vitn••• in private
litigation to testify, not in h1s/har official capacity
but as an individual, the time absent by rea ■ona thereof
shall be taken as any a~crued leave or leave without pay.
ARTICLE 14. STANDBY
Employees assigned to standl:,y duty shall be credited with one
(1) hour of pay at the overtille rate of pay for each twenty-tour
(24) hour peri od, or ~ortion thereof, during which they are on
standby.
ARTICLE 15, ACTING FAY
All acting positions will be compensated at 1001 of th• pay
for the position in which ha/she is acti ng as approved by the
Director of Safety Services. The employee must be in the po ■ition
for a period of thirty (30) consecutive calendar days before ■aid
employee bacom~s eligible for acting position compen ■ation. Such
~ay will bare :~~ctiva to the first day said employee aaaumes the
responsibilities of the position.
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ARTICLE 16. O'NIFORH CLV.NI!IG ALLOWAJICJI
A. The City ehall turnieh, or bear the coat ot uniton1S,
including leather gear, ineigniae, ehoee and clothing, requi.red
while on du~y, and ehall pay all coeta ot aaintenance, repair and
cleaning thereat. The City •hall pro,ide the neceeeary cleaning.
All eaployee• aeeig~ed to the inveetigation bureau tor a period ot
thirty (30) daye or aore and not required to be in unitorm durinq
work, ehall receive a monthly clothing allowance ot $60. All
employees aHigned to the Police Administrative Division (e.g.,
Internal Attair• and D.A.R.!. Otticere) tor a period ot thirty (30)
day• or more •hall receive a aonthly cleaning allowance ot $40 .
The eaployee ■hall be reeponeible tor all loet or etolen item•
identified above, or daaage to the eaae, &ea reeult of negligence
or deliberate act.
B. The City will provide on a replacement baeie a high
quality bullet proof veet (tlack jacket). Replacement •hall be
made once every five (5) yeara. In the event ot epecialized or
customized vasts , the City will pay the eue dollar uount tor the
City i•■ued and authorized veat with the employee paying the
differences in coat.
ARTICLE 17. A!lllUAL LEAVE
•
A. Employees hired prior to December 31, 1983, and covered by •
this Contract ~~all accumulate annual leave aanthly at the
following rates.
Length
of service
0-9
10-19
20 and above
Hours
per Month
10
13.33
14 .16
Hours
par Year
120
160
170
The maximum accumulation of annual leave ehall be a ■ fellows:
1&.ngth ot Service
0-9
10-19
20 and above
240
320
340
Employees hired January l , 1984, and thereatter shall
accumu l ate annual leave at the following rates.
" 14 -•
Length Hours Hour■
or service Ptr Month 121n.: ... :an
o-a 96
5-9 10 !20
10-19 13.33 160
20 and above 14,16 170
The maximWD accumulation of annual leave shall be as follows:
l&agtb ot service H2l!n
o-, 192
5-9 240
10-19 320
20 and above 360
B. Annual leave shall not ba granted to any employee until
after completion of twelve (12) •ontha conaacutiva aarvica wlth the
City unla ■s otharwi•• authorized by th• Director of Safety
Su-vices. In order to qual!fy for anr..ual leave credit during the
month , th• u ,i:,loyaa IIU ■t have worked for at l<u ■t one-half (1/2) c,f
the working d .ya of that •onth excluding authorized paid 1P4V■,
c. Jlnnual. leave ahall neither be authorized nor co•put8" for
any purpos1J afte:: the aaximum accumulation ha ■ bean reached. The
achedula f.or use of annual leave ahal~ be determined by the needs
of th• department. Annual leave ahall be talten at 11 -~ima
c"n•~cmient to and approved by the Director of Safety Ssrvicaa.
Employees shall not loaa accWDulated annual lau·• after the lllllXimWD
has be an reached if the employee haa requeatad uaa of aMual leave
prior to maximWD acc WDulation, and has bean denied use of annual
leave.
~ Leave Pay
The rate of annual leave pay ■hall be the employee's regular
straight time hourly rate of pay for the employees regular job and
charged on a workin<j hour basis, excluding regular dl!'.ys off.
Annual leave shall be allowed only to thR total hourly amount
accWDulatecl at the beginning of the leave, as verified by the
Director of Safety Services. Employees may receive their annual
leave pay not earlier than three (3) days prior to the start of
their annual leave, provided the employee makes a written request
to their supervisor fifteen (15) calendar days prior to the start
of their annual leave.
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work puring Annual Leave
If after the u,ployee has begun their &,"\llual leave and the
City requires the uployee to work during the echedul ed annual
leave period, the employee shall b• compensated a ■ follow■:
A. The employee shall be paid for all hour■ work~d at the
ov ertime rate.
B. Th ~ emp l oyee shall not be charged with vacation time for
the number of hours worked.
~
Ther e shall be a one-week mi nimum on uee of annual leave time,
unless otherwi se authorized by the Director of Safety Services or
his/her designated repreeentative.
The maximum use of annual leave shall be no greater than the
u,ount accumulated by th• 8111ployaa prior to the ■tarting data of
the 8111ployaa•s annual leave request, and in no av ant shall th•
annual leave exceed four ( 4) consecutive weeks unl••• otherwise
authorized by the Director of Safety Services.
Ann*al Leave Pa~ Upon separation
•
Any 8111ployaa who is separated fro11 the service of the city, •
i •• , retiruant, termination or layoff, ■hall be ooapenaatad for
the unu■ad annual leave ti•• acCU111ulatad at the time of separation
at the Ulployea' • regular hourly wage rate. In the ea ■• of
voluntary aaparation , the -ployae ■h all be required to give two
(2) weeks notice to the City.
How Charged
Annual leave for employees shall be charged on a working hour
bas i s excluding regular days off.
llidi ng f or vacat i ons
Each officer will b i d one vacation, by seniority, for the
year's period, January 1 through December 31. Additional vacati on
periods will be gra.nted, on a first requested basis, only after all
aeniority-bid vacations have bean scheduled.
The bidding process for vacations will ta.Jc.a place in Kov8llber
as scheduled by the uniform bureau commander after completion of
all bidding for watches a~d days off,
Vacat i ons are expected to be scheduled in good fa i th by each
employ~e and shall specify the exact dates desired.
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•
•
•
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In the uniform patro l bureau, not ■ore than four (4) officer•
per watch will be ■chedulad for vacation or holiday laava at tha
■am• ti.lie , unla ■■ approved by tha Director of Safety Service ■•
Within the bureau , not more than two (2) o fficer ■ will ba ■chadulad
for vacation at any ona time unl••• approved by tha Director of
Safety services . Vl\cation within the invH ~igation ■ and
adminiwtraticn divisions will be echeduled by their division
colllJllander according to ■eniority.
ARTICLE 18 , HOLIDAYS
A. All officers covered by this Contract ■hall be acheduled
for ten (10) day ■ off with pay at the di ■cretion of tha Director of
Safety Services or designee. Scheduling will be dependent on the
work load of the department. Upon autual ,igreement of the employee
and the Direct~L of Safety Service ■, a maximwa of five (5) holidays
may be cashed out f~r pay in lieu of time off. At the uployee's
option, one (1) holi~ay shall be guaranteed to be cashed out for
pay in lieu of t i me off. The rate of pay ■hall ba at Ula
employee'■ r e gular hourly wage rate.
In the uniform patrol bureau, not more than four (4) officers
per watch will be schedule d for vacation or holiday leave at the
same time, unless approve~ by the Director of Safety Service• or
designee .
Holidays will be bid after all vacations have been bid by
seniority with vacations taking precedent over holiday ■• Th• bi~
time for holidays i ■ the sue as vacations acao.:ding to bid
schedule, except that any holida y ■ not scheduled or uaed by
August 1 of that year may be •■signed .
If after the Ymployee has begun their holiday and the City
requires the Sllployae to work during the ■chedulad holiday period,
th• employee shall ~• compen ■atad a ■ follows:
1. The employee shall ba paid for all hour ■ workaa at the
overtim•1 rate.
2, The employee shall not be charged with holiday time for
the number of hour ■ worked.
B. Officers assigned to the investigation 0ureau or other
special assignment shall be allowed the regularly ob ■erved City
holid11ys and may be allowed a floating holiday option. They may be
allowed to e~change any of the below li ■ted holidays for any other
day in the year he/she i ■ normally ■cheduled to work. Scheduling
will be aade with the approval of the Director of Safety Service ■
or designee. Holidays which may be exchanged a r e the following:
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waahington•• Birthday
Veteran•• Day
Friday after Thankagiving
Labor Day
x .. orial Day
Chriatlllaa Ev• or Naw Year•• Ev•
It a holiday tall• on a detective•• regularly acheduled day
ott, he will be given an alternate day ott.
This provision shall also apply to police otticsra regularly
assigned to special duty by the Director ot Safety Services.
>RT I CLE 19. ADMINISTRATIVE LEAVE
Admi nistrative leave with pay may be granted an .. ployee at
the discx-ation or the Director of Safety Services or deaignee.
This l•~~~ i& uaed when circ\lllatances require in the beat interoats
ot the city and/or employ•• that the employH should t .. porarily be
relieved from duty.
ARTICLE 20. MILITARY LEAVE
A. Any permanent or proba~ionary uployee who anli ■ts or is
inducted into the military, naval, air or other armed ••rvicea of
the United States in time ot war shall be entitled to a leave of
•
absence without pay tor the duration of ■uch war or until honorably •
discharged, whichever occurs first, and tor one (1) year
thereafter .
B. Any e111ployee who shall be a member ot the National Guard
or any other component of the military forces of the State, now or
hereafter organized or constituted under the State or federal law,
or vho shall be a member of the reserve forces ot the United
States, now or hereafter organized or constituted under federal
law, shall be entitled to leave ot absence frOlll his/her employment
without loss of pay, seniority, status, efficiency rating,
vacation, sick leave or other benetita for all the time when he/she
is engaged with such organization or component in training or
active service ordered or authorized by proper authority pursuant
to law, wh 9ther for State or federal purpoeea, but not exceeding
fifteen (15) days in any calendar yeer. Such leave shall be
allowed in case the required military service 1a aatiafactorily
performed, which shall be preaW1ed unleaa th• contrary is
established.
c . Such l ~.,·.e shall not be allowed unl••• the employe.e
returns t o his/her public position iuediately upon being relieved
trom such military service and not later than the expiration of the
time herein limited for ■uch leave, unleua he/ahe ia preventad trom
s o returning by physical or mental disability or other cause not a
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• due to hi ■/h•r own tault or i ■ require<'. by proper authoritia ■ to
continue in ■uch ailitary ■ervic :e l>eyond th ■ ti ■• herein liaited
tor ■uch leave .
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D. SUl>ject to provi ■ion ■ A, B, and C al>ove, tha City ■hall
provide full pay to an uploy .. qi-anted ■ilitary leave, le ■■
whatever wage ■ the uployee aay have received by th• ■ilitary tor
such service.
E. Any employee who ia requ i red to attend a wealtend re ■erve
duty may reque ■t that his/her ■cheduled duty day■ be ra ■~.heduled
duri ng the ■am• pay period during which the reque ■ted vealtend
talla. Thia request .. y be approved it such re ■cheduling can be
accomplished at th• convenience of the Police Divi ■ion. such
request must be aUl>mitted to the Director of Safety Services a ■ far
in advance of the requested weekend a ■ po ■■ible, but in no event
shall it be submitted less than ■ix (6) week■ in advance ot the
requested weekend, and the Director of Safety services sl:all
respond within two (2) weelca atter the request is received. such
reques t for rescheduling shall not arb i t~arily be denied.
ARTICLE 21. FUNERAL LEAVE
The Director of Safety Services ■hall grant leave with pay to
an employee to attend th~ tuneral ot a ■ember of the employ••'•
family. The nllllber of days granted shall be governed by the
circumstances ot the case, but in no avant shall they exceed ■even
(7) calendar days. For the p1U~oae of this section, "Ulployee'a
family" 1:hall mean the employee's spouse, or the children,
grandchildren, paruits, gra.ndparents, brother ■ and si ■ter ■ of the
employee or of the employee's spouse.
ARTI<:LE 22. JURY DUTY
Leave may be granted to an employsa for serving on jury duty.
The employee shall be entitled to the difference between his/her
regular compensation and the fees received tor jury duty.
ARTIC'U: 23. LEAVES OF ABSENCE (WITHOUT PAY)
Eligi bility
.Permanent employees covered by this Contract aay be granted a
leave of absence without pay for reasons of education which is
allied to t h e duties of the City, ■•ttluent of an estate, child
care, serious illness of a amaber of the uployee' s family, or
other good causas, but shall not be u ■ed for the purpose o f
obtaining employment eleawhere. Leave without pay shall not exceed
1 9 -
six (6) month ■ ot any year but •ay ba axtandad tor 9ood cause upun
raqu-■t tor additional periods ot tiaa. Th• total laava tua shall
not exceed one year. Upon return from approved leave, the .. ploy••
will be restored to their torme.~ position it available or to a
position comparable tor which tt.• .. ploy•• i• qualified. During
periods ot unpaid leave, employee• shall not con~inue to accrue
••rvic• credit , or be eligible tor any City benefits.
Application for Leave
A request tor leave of absence without pay •h~ll be submitted
in writing by the employee to the Director ot Safety Services. The
reque ■t ■hall indicate th• reason the leave ct absence i~ being
requested and the approximate length ot leave tae requeetad.
consideration or Leave B1gu11t
The Director ot Safety Service• may grant or deny leave
requsste, taking into consideration the departaant's work tore~,
work load and the employ••'• request.
Fa ilure to Return
If an employee fails to return by the date of leave
expiration, the employee shall be consider ■d to bav ■ voluntarily
resigned from the service ot the City, unle:.a th• appointing
authority determines that unusual circum&~ancaa exist.
ARTICLE 24. PERS ONAL LEAVE
Begir,ning January l, 1986, a ll employees c.:,vered by this
Contract on an eight (8) hour work day shall be granta:i 48 personal
leave hours with pay and those on a ten (10) hoar work day ■hall be
granted 50 personal lea':'e hours with pay which an employee is
entitled to use tor the following purposes:
A. Time lost as a result of illness/injury to the employee
or the e~ployee's immediate family.
B. Attend personal business.
C. Leisure time.
For any employe e who has not used the 48 or 50 personal leave
hours ending October 31 of each year or any portion thereof, the
City will compensate said employee for the unused ti.ma at the
employee's wage rate to be paid during the month of O.cember of
that year. Personal leave time shall not exceed the 48 or 50 hours
as designated above nor shall it be accumulated or carried over
-20 -
trom on• year to the next. Per ■on ■l leave ■hall be ■cheduled and
administered under th ■ direction of • Director of Satety S ■rvice ■
tor p•r■onal buaina ■■ and lei ■ur• tima. In th ■ event or
illna ■a/injury in which par ■onal leave i ■ reque ■t ■d, the employee
■hall notity their suparvi ■or or other per■on de ■ignatad by the
■upervisor at least one (l) hour prior to their ■chadul ■d reporting
time.
ARTICLE 25. DISABILITY -TEMPORARY (NON JOB RELATED)
.tld.i.niti2.D
Temporary disability i ■ leava granted tor non-■■tvice
c onn ected injury or illness or an employee which diaability
prevents the employee trom performing hi ■/h ■r duti ■■ a ■ a City
anployae.
Provis ion
January l, 1984, the City agrees to provide t ■llporary
disability leave with pay tor employee ■ ab ■ant a ■ a re ■ult of
illness/injury at the rate or 1001 or the anploy••'• regular wage
up to 120 calendar days or dinability.
Tl!lllporary disability leave ■hall not be accumulative except
that on January 1 ot each year th ■ City ■hall r~■tora 1001 or the
nwnber or days used by an employ ■■ during the preceding year up to
a maximWI or 60 days.
For the employees hired after J anuary 1, 1984, and thereafter,
a".'ld covered by the terms of th .'.■ Contract, the City agree ■ to
provide said employees temporai-y disability leave with pay tor
employees absent as a result of illness/injury as tol~ows:
0-4 years
5-9 years
10+ years
60 days
90 days
120 day ■
For employees hired January l, 1984, and thereafter, temporary
disability leave shall not be accumulative except that on January l
of each year, the City shall restore 1001 of the nwnber of days
used by an employee during the preceding yaar as follow■:
0-4 years
5-9 years
10+ years
t:tilization
up to a maxim\111 of 30 days
up to a maximum or 45 days
up to a maximwa or 60 days
A. Authorization tor tempor ary disability leave with pay
shal l only be granted after the first day of disability.
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B. Authorization for taaporary dinbility ■hall only ba
granted for th• following raaaon ■1
l.
L.
Persona l illn••• or injury not ••rvic• coM ■cted,
including maternity.
SERVICE CONNECTED INJURY OR ILLNESS ONLY APTER THE NI NETY DAYS DESCRIBED IN ARTICLE 2§ HAS BEEN
EXHAUSTED.
Sick Leave Opt i .on
All sick lsave accrued by permanent uployaas prior to
January l, 1980 shall vast with the uployae, and •ay be used in
the following manner:
A, After the 120 days as described above have been used
unless t he employee is entitl ed t or retirBlllant as a r esult of
disabi,ity.
8. By cas h i ng in all accrued sick laava acCW11Ulatad under
t!e previous plan upon normal or disability retiruaant fr011
the City at the rate of one hours pay for each two hour■ of
accrued sick leave or one hour ■ pay for each four hours upon
separation from the City .
c. By cashing in accrued sick leave under th• pr,.viou■ plan,
once each year at the conversion rate of tour (4) .hour ■ sick
leave tor one (1) hour pay, not to exceed a conversion of aora
than 400 hours each year.
Reporting or Temporary Disability
The employee or a mBlllber of the uployee'• household shall
notify the employee's supervisor at least 30 ml.nutes prior to the
employee I s scheduled reporting time. No t emporary disability leave
will be granted to an employee who tails to notify their auperviaor
prior to the beginning of the employee's work schedule unless
circwr,stances beyond the control of th• employee would not permit.
verirication or Disability
It the Director of Safety Services requires a physician's
statement o f disability , the City shall bear the cost of such
phys i cian's statement.
Abuse o f Temporary Di sabi l i ty
Abuse of teI.1porary disabil i ty occurs wh en an Blllployee
misrepresents the actual reason for requesting temporary disability
or when an empl oy ee uses temporary disability leave for
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•
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•
unauthorized purpose ■• An nployee who make ■ a t ■l ■• clai• tor
temporary di ■ability leave ■hall be ■ubject to di ■ciplinary action.
ARTICLE 26. ON-THE-JOB INJURY -DISABILITY
A. For any on-the-job injury whic __ causes any employ•• to be
abser,t from work as a result ot such injury, the City ■hall pay to
■uch employee hi ■/her tull wage ■ from the tiret day ot hi ■/her
absence from work up to and including th• 90th calendar day ot such
absence, less whatever sums r e ceived by the employee as di ■arllity
wage ■ unda r ,,;:,rlan &r..' • com pensation. After exhau ■tion ot the ninety
(90) days it Ui.a o pl y ee ia s till disabled, he/she can utilize
leave undar tne provision ■ ot Article 25. Th• City re ■e rve ■ the
right to require any 81Dployee on injury or di ■ability leave to
submit to an examination(•) by ~ity-appointed phy ■ician(■) at the
City'■ expense or under.-t''l~ ;.rovi ■ion ot worklllan'a compensation or
the retira.~11,,t,'ccns iol'l r ·•r,, Kl ons •• provided \mder State st,.tute .
B. All injuries t t t occur during uorking hou-.·11 ■hall be
reported to the ■mf,l oyee' • ■upervi ■or withi:1 24 hour■ ot the i~jury
or before th• employee leaves t-t,eir departmt1nt ot em}'loyment unless
cirCU111 s tances beyond t.h• contro l of the employee woul" not permit.
ARTI CLE 27. LIFE INSURANCE
Term life ins~rance will be provided by the City tor employees
cov ered by thi ■ contract ot $30,000 tor each aployee. The city
shall continue to make it ■ be ■t effort, subject to acc eptance by
the insurance company, to maint■in e conver■ion privilege upon
reti reme nt of 1001 coverage payable by the em ployee.
ARTICLE 28 . DENTAL INSURANCE
THE PROVISIONS Of THIS ARTICLE APPLX IN 1995
A. tN.l!"iRIJ cna C&l!"II et '.Ilia IIIIR~The City will pay
eighty-five percent (851) of the premillll co■t tor dependent and
single coverage for dental insurance and employee ■ will pay fifteen
percent (151) of the premium coat tor dependant and eingle coverage
tor denta l insurance.
B. The City agrees to continue to provide each e l!l ployee
covered by this Contract the aame level of dental benetlts as
provided to them as of January 1, 1980, except the City shall
improve said benefits according to industry standards each year.
aRd fall" cha d~l!"a~iaR af en!■ QaRc•aac,
-23 -
Th• city will review orthodontic ■ r.overage to deter11ine
vh■th ■r the level.1 ot coverage can be increa ■11d taking into account
th• pruaium le'.•els tor all employ••• and tba group of! employ•••
that de ■ira auch incraa ■ed coverage ■. In addition, th• City will
review opportunities to provide orthodontic "rider ■" at an
additional premium cost tor employees who participate in such
additional coverage.
c. Any dispute concerning the interpretation or application
of benefits under the Dental Plan shall be subject to th• dispute
resolution procedure only. (It t ■ expres ■ly und ■r■tood that this
Article is a non-griavabl• it8lll under this Contract.)
D, In order to promote a better understanding ot th• City's
procedure for resolv ing employee disputes concerning the
interpretation and application of the City'■ h■alth and dental
insurance program, the following procedure ■ ■hall be utilized in
tho ■e in■tances where an uaploy ■• feels that thetr l.ealtil or dental
in ■uranca claim bas not been procesaQd or pa id in a mannar
con ■i ■tent with the City•• in ■urance plan.
1. It an uployees feels that his/her baaltb or dent~l
claim bas bean incorrectly paid or denied, the uaployea
sb~ll first contact and Jnform th• City's Banafit
Coordinator in the Employee Servicas Division at City
Hall.
2. If the disputed claim cannot be re ■ol vad by tha
Benefits coordinator, the clailll will be resubmitted to
the insurance administrator for further revi•w and
consideration.
J. If the claim cannot be resolved to th• ■ati ■faction
of the employee by the in~urance admini ■trator, th• claim
will be forwarded with all pertinent information to the
city's insurance consultant for further review and
investigation and who ■ba).l attempt to re ■olv• the
dispute through information and mediation.
4, The written decision of City•• ineurance con ■ultant
concerning claim dieput •• involving out-of-pocket
expense ■ to the employee of $50 or leas shall be final,
Claim disputes involving out-of-pocket •xp•n••• to tbs
employee of more than $50 unless re■olved by City's
insurance consultant to th• aatietaction of th• uployee
shall be forwarded to the Col,,rado Foundation tor Medi c al
car e for~ complete review of the pertinent tacts giving
riH to the dispute and eball ■ubmit to the City "
wrttten dec i sion which ■hall be tine ' Th• cost tor
employing the Colorado Foundation tor. ;cal care shall
b~ paid for by the City.
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ART:l:CLl'J 29. HEALTH INSURAl'iCS • EMPLOYEES/RETIREES
THE PROVISIONS OF THIS M .l'ICLB APPLY IN 199!5.
A. D\l•i .. 9 ~• • ..,,._ 'If '-II.I.• .......... , The City will pay
eighty-riv• percent (8!51) per month tor the pr,miWD co•t tor
dependent and ainqle cove!:'r.~• and tbo nployea• will pay tittun
percant (1!51) of monthly ~r .. iWI co•t tor dependnnt and •ingle
coverage in any ot the health ~lr..i'III ottered by the City.
B, The City agr••• to contiuua to provide to each 8111ployee
covered by this contract the same level of health benefits as
provided to them as of Janua :.."}' l, 1980, exct,pt the City ahall
improve aaid benefit• according to induatry atandarda each year-ane
4eE-t.l!e ll.11rath .. el t.llis ;en~
c. Any dispute concernin~ the interpretation or applicatiun
of benefits provided under the Health Insuranc& Plan shall be
■ubject to the dispu·te resolution procedure only. (It is expressly
underatood that thi ■ article is a non-grievable !tell und•r this
contract.)
D. In order to promote a better understanding of th• City's
procedure tor resolving llll}Jloyee disputes concerning the
interpretation and application ot the City's health and dental
insuranc• program, the following procedures aha11 be utiliaed in
tl:.:-se instances whara an employee teals that their health or dental
insurance claim has not beer. processed or paid in a manner
consistent with the City's insurance plan.
l, It an employee fe •l• that his/her health or dental
claim t.as been inco:rectly paid or denied, the employee
shall first contact and intoria the City's Benefit.
Coordinator in the Employee Services Division at City
Hall,
2 • It the disputed c:ai.Ja cannot be rHol ved by the
Benefits Coordinator, th• claim will b• resubmitted to
th• insurance aclmin i ■trator tor further ~•view and
consideration.
3. If the claim cann~t be resclved to the satisfaction
of the employee by the insurance administrat-:.r, the claim
will be for.,arded with all pertinent intor~ation to the
city's insurance consultant tor further review and
inve!ltigation and who shall attlllllpt to resr ve the
dispute through intoniation and mediation.
4. The written decision of City's in ■urance consultant
concernir,\T claim disputes involving out -of-pocl,et
expen~es to the employee of $50 or less shall be final,
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Claim diaputea involving out-ot•pocket expenaea to the
employea ot more than $50 unl••• teaolved by the City••
insurance consultant to the aatiataction ot the uployee
shall be forwarded to th• Colorado Foundation for Medical
Cara for a complete review ot the pertinent tact• giving
ri•• to th• 'iapute and shall aub■it to th• City a
written decision which shall ba final. The coat for
employing the Colorado Foundation for Medical Care shall
ba paid for by th• City.
ARTICLE 30. RETIREMENT BENEFITS
A. Retirement benefit• ahall ba provided for a ■ stipulated
under state statute. In addition, the City ■hall continua to
provi de the aama l ■val of benefits aa provided for in the Englewood
Municipal Coda.
B. Employee contributions will not be increased above the s,
to employees hired prior to April 8, 1978 end 8, tor amployeaa
hired attar April 8, 1978 contribution lavala unlaaa required by
state statute.
c. It is understood and agreed by both partiea that any
referral to health insurance tor retire•• or future retirees is not
to ba construed as a part of thia Contract. The City agrees
outside this Contract that it will continua to allow retirees and
future retirees a conversion privi111ge to the health insurance
conversion plan available through the City. Th ■ Cit.y also agreu
to pay 50\ ct the cost of coverage of the conversion plan or other
plan selected by the retiree up to maximlllll of $75.00 par month lQB
EMPLOYEES WHO RETIRED ON OR BE!'ORE DECEMBER 31. 1994 i AND UP TO A
MAXIMUM Of s1OO.oo PER MONTH FOR EMPLOYEES WHO RETIRE ON OR AF"l'ER
JANUARY l. 1995. 111 lfH81J11i'dH af '-ha dcy•Ua ~1M•i111J HHHR
lf81JalfliiRIJ llealtll iA&\llfilllQ ■ hi-flit\l:E ■ ••ti•H ■ 1 tlla C:ity •"P"•--.te
ai-,a11iaa a aa-ittea ta anel\lata aeata, llle11efit laYel a111i ••~
payae11t sallali\lles appliaula te •atii-aa ■ 'Ali ■ aa-ittaa ■llall Illa
oo ■pesad af a •apJFes•11tatiue IJ:E&iip af -■phyea ■ as llataR1i11ali Illy
tlle c:Hoy a11d 11llaH 11 .t "a a s ■a■lllai-a 1111 ,., ••• tlla11 a11a (1) ■11MB:E
ele8tad/appai11ted Illy la E111JleW8Bd Peliaa 11a11atit A-■1111iath11, 'Nie
allla, e ■a11tic.11ed 90-:l"Je ellall 88-81188 epai-atia11 na latei-tllan
~aA\lH'C!" 11 1993
ARTICLE 31. RULES AND REGULATIONS
Except as limited by the express terms ot this contract, the
City retains the right to promulgate reasonable rules , regulationa,
policies, procedures and directives. Said rules, regulations,
policies, and procedur s and directives which are an alleged
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violation of thi ■ Contract •ha ll be ■ubjact to the grievance
1,rocadura.
ARTICLE 32. TUITION REFUND
Upon recommendation of the Director of Safety Service ■ and
after prior approval ot the Employee Relation ■ director, the City
ot Englewood shall reimburse a permanent, full-time police offi cer
upon successful completion ot an approved cour ■• or cour ■as in
education or vocational training at the public in■titution rate.
The courae or training mu ■t be completed at an accredited collage
or univer ■ity, mu ■t be related to the work, be daaignad to improve
competence in the job, and be of value to the police officar•e
service to the City. T.his ■hall include all tuition, and required
texts.
ARTICLE 33. DUES DEDUCTION
A. The City agrees to deduct the Aaaocintion due ■ once each
pay period from the pay of tho ■• uployaa ■ who individually r■quaat
in writing that such deductions be mad11 , subject to the garni ■hlHnt
, law■ of the State of Colorado. The uounta to lJa deducted ■hall be
certifie d to the City Finance Director by th.a Traaaurar ot the
Aasociation, and the aggregata deductions of all employees ■hall be
r&111itted together with an it&111ized atatuent to the Treasurer by
the 15th of the succeeding month, attar such deductions are ude.
The authorization shall be revocable during th• term of the
Contract, upon a thirty (30) day written notice by the employee to
the Ci ty Finance Director.
B. If no wages are paid an authorized employee on the last
pay period of a given pay period, deduction for that pay period
will be made from any wages which may be paid to hi•/har on the
next succeeding final monthly City pay period. It is ■xpra ■■ly
understood that the city assumes no liability and shall not be
liable tor the collection or payment to the Association of any dues
during any t i me that an employee is not actually working for the
City and actually on the payroll ot the city. In the event of
error on the checkoff list, the City will not be responsible to
make adjustments, until notified . by the Treasurer of the
Association.
c . The Associatic,n shall indemnity and hold the City
harmless against any ~ud all claims, suits, orders, or judgments
brought or issued against the City as a rasult of any action taken
or not taken by the city under the provision of this Article.
D. Changes in the dues amount to bP deducted ahall be
limited to two (2) changes each year, and provided a thirty (30)
day written notice is provided the City Finance Director •
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E. Should the change in th• deduction .. ount or aethod
require a computer programming change, the Association ahall be
re ■ponaibla for that coat of such change or changes, at $30 per
hour with a four (4) hours maximum. Payment from the As ■ociatior
shall be made to the City Finance Director within tan (10) day■ or
receipt of billing.
ARTICI ~ 34. ASSOCIATION ACTIVITIES
'l·he City agrees that during work i ng hours on the City :;;,remiees
an I without lo•• of pay, Association repreaantativea 11ay be allowed
t : attend \saociation-11anagement •••tinge; atte nd negotiation
• ,aaions; poet Association notices on City designated bulletin
Doards; solicit Association mambershiP~ during employee's non-vork
time; and represent employees on g~ievancea and di ■ciplinary
matter ■ provided the work load permit ■ aa rt~t:erminad by the
Diroctor of Safety Services or designated repres entative and
requires no overti me pay .
ARTICLE 35. LETTER OF CORRECTIVE ACTION
A. oral Corrective Action -Whenever ground• for corrective
action exists and the supervisor determine• that the incident,
action or behavior of the employee i• such that aore severe action
ia not ilmaadiately necessary, the supervisor should orally
communicate to the employee the supervisor'■ observation of the
problem 1\1\d offer a ■eietance in correcting the situation. When an
oral corrective action i• given, the supervisor should ensure that
the employee's departmental persoMel file i ■ docU11ant ed to ■how
the date of the corrective action and the nature of the corrective
actio~. 'l'be employee ahould be advised that the corrective action
will De documen~ad in the employee's departaental file. Examples
of reasons that may result in an oral corrective action are listed
under Englewood Municipal Code, Section 3-lH-4,
B, Wr itten corrective Action When the supervisor
determ ines that a written corrective action is appropriate and
necessary, the corrective action shall be addressed to the employee
and shall include the violation; the specific behavior and the
dates o! the behavior (when appropriate) that support the charge;
the warn ing that continuance o! this behavior will result in
d isciplinary action; and an offer of assistance in correcting the
behavior.
A signed copy of the corrective action by the superlisor. shall
be included in the employee's official persoMel !.\le in the
Employee Relations Office , and the employee shall have the
opportunity to submit written comments in responsr. to the
corrective action to be included in the file. Attar a period o!
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• one (1) year trom the dat e ot the tiling ot the written corrective
action, the employ••'• current and regular superviaor shall review
said lette r and pr ovide a tollow-up letter indicating the status ot
th• written corrective action . Examples ot reasons that .. y result
in a written correcti ve action arv l i sted under Eng l ewood Municipal
Coda, Section 3-lK-4.
c. The employee reta in• the right to request an
administrative review ot the written corrective action. The
Director ot Satety ServicH shall develop this sdlunistrative
r eview procedure which shall at a •inimul consist ot a board with
equal representation or co1111Dand start to be Hlected by the
Director ot Satety Serv ices, and Associa tion members to be selected
by the employee. This board shall be advisory to the Director ot
Satety service s , and it• tindings shall be placed in the employee's
persoMel tile. Thi• Article shall not be grievabl• under this
contract. It this procedure is not observed, at the request ot the
Aseociation a meeting .. y be held between the Depart.Jlent, the City
Manager•• ottice and the Association to addr•s• this issue.
ARTICLE 36 . DISC IPLINARY ACTION
Diaci plinary actions are those personnel actions administered
against an employee tor an ottensive act or poor job pertormance,
which actions adversely attect the current pay, currant status, or
tenure ot the employee.
l. Disciplinary action penalties include suspension,
demotion, and disct,:..rge ot an employee.
2 . Disciplinary action may be administered concurrently with
correcti ve actions.
3. Reasons tor d i sciplinary action are defined under 3-lK-4
of the Municipal Code .
An empl oy ee shall be allowed at his/her discretion on• (1)
associat ion r epr esentative to be preaent <!ur ing predisciplinary
meet i ngs. Th i s p r ov i s i on shall apply only when an employee desires
the aas istance o f an Association representative and only whsn the
employee believes that disciplinary action as detined above •ay be
taken against the employee .
ARTICLE 37. GRIEVANCE PROCEDURE
A g rievance is detined as an alleged violati on concerning the
interpretation or application ot a specitic provision ot this
Con t ract. The employee and the Association shall be required to
follow t he procedure as set out below.
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ruR....l.
It tho e11ployee/b ■oci11tion i■ unable to ■ettle the grievance
or di ■pute orall y and into~ally through bi ■/ber i-•diate
■up ■rvi ■or within ■even (7) calendar day ■ ot the date ot the
occurrence ot the grievance, or the n~loyee'■ Jcnovledg• ot it, th•
employee may within the succeeding c,ven (7) calendar day ■ tile 11
written grievance with bi ■/ber aupervisor. Th• supervi ■or ■hall
attempt to resolve the matter and ■hall respond in writing to the
employee withi n seven (7) calendar days. An As ■ociation or general
grievance shall be presented directly by the President ot EPBA or
bis 1esignee to the Director ot Sataty Service ■.
It the griev,tnce ■till remains unra ■olved, it ■hall be
presanted by the eml'loyee to the Divi ■ion Chi•! in writing within
seven (7) calendar days tallowing receipt ot the aupervi ■or's
respon ■e . Th• Division Chier shall ra ■pond in writing within ■■van
(7) calendar days.
~
It the grievance ■till ralllllina unra ■olvad, it ahall be
presented by the employee to th• Director ot Satety services in
writing within seven (7) calendar days tallowing receipt of the
Division Chief's response. Th• Director of Safety services shall
respond in writing within seven (7) calendar days.
~
If the grievanc,1 ■till remains unreaolved, it ■hall be
presented by the empl~yee to the city Manager in writing within
seven (7) calendar day ■ following receipt of the Director ot Safety
Services' response. The City Manager or bia/ber designated
representative shall respond in writing within tourteen (14)
calendar days.
~
-: t the grievance is still unresolved, the .. ploy•• within
fourt•an (14) calendar days after the reply of the City Manager ot
his/her designated representative, may by written notice request
the matter be heard by the Board ot Career Service Commissioners.
The Board of Career Service Commissioners or its designated hearing
officer shall be requested to issue a decision within thirty (JO)
days after conclusion of testimony and argument. Each party shall
be responsible for compensation to its owri repreaentatives and
witnesses. If either party desires a verbatill record of the
proceedings, it may cause such a record to be aade, provided it
pays for the record and makes copies available without charge to
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th• other perty end to the Boerd ot career Service Coaaiaaic-,nen or
it ■ deaignatad hearing otticer. Failure by an uploy•• or th•
Aaaociation to comply with any time limitation ■hall conatitute a
••ttluent ot th• grievance. Should the uployer not reapond
within th• praacribed time, the grievance will automatically
proceed to the next ■tap. At the uploya ■'• option, the uployer
may be allowed additional time to reapond.
Authority ot Board or career service commissionors
The Board of career Service Commissioners or its designated
officer shall have no power to add to or subtract trom or change
the terms of this Contract. Th• written decision ot the Board or
its designated hearing otticer shall ba final and binding upon the
parti••· Th• Board or it• deaignatad hearing officer ■hall limit
its decision strictly to the grievance aubmitted which has been
properly processed through the grievance procedure outlined.
Processing Grievance During working Hours
Grievances may be investigated and procaasad by the employee
and one (l) on-duty association representative at 'cha employee's
request during working hours within reasonable time limits without
loss of pay provided notice is given and the work load permits .
ARTICLE 38. EX::LOSIVENESS OF CONTRACT
The City and ·cha Association agree that the terms and
provisions herein contained constitute the entire Contract between
the parties and auparaada all previoua communication ■,
representat~vea or agreuanta, either verbal or written , between
the parties with respect to the aubjact matter herein, The City
and the Association aqree that all negotiable items have been
discussed during the negotiations leading to this Contract and,
therefore, agree that negotiations will not be reopened on any itet'I
during the life of this Contract except by mutual agreement of the
parties.
I N WITNESS WHEREOF, the pa~-ties have caused this Contract to
be signed by their respective representatives, and their signatures
placed thereon, on this __ day of _________ , 199_, at
Englewood, Co ~orado,
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CI'l'Y OP ENGLEWOOD
Mayor
ATTEST:
City Clerk
City Manager
ENGLEWOOD POLICZ BDEPI'l'
ASSOCIA'l'ION
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COUNQL COMMUNICATION
Date Agenda Item Subject
December 19, 1994 Collective Bargaining
Co,ntract behveen the City
J 50 and the EPBA for 1995 and
1996
Initiated By Staff Source
Department of Administrative Services Randle L Barthlome,
Director of Administrative Services
COUNOL GOAL AND PREVIOUS COUNCIL ACTION
The Collective Bargaining Contract with the Englewood Police Benefit Association was
approved by Council for 1993 and 1994.
RECOMMENDED ACTION
Staff requests Council approval of the Collective Bargaining Agreement between the
Englewood Police Benefit Association and the City of En glewood for 1995 and 1996 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Police Benefit Association entered into
negotiations in May of 1994 in accordance with the City of Englewood Charter. The
members of the Englewood Employees Association d•tly ratified, by a nu1jority of the
members, the tentative Collective Bargaining Agreement.
Si gnifir.ant changes to the contract are in the area of wages and retiree medical benefi ts .
Under Article 10, page 9, employees covered by !he Contract and who were hired on or
before December 31, 1994 will receive wage rates based on the median of twelve survey
cities listed in the contract up to a maximum two and one-quac:~r !"'rc,mt (2.25 %) increase
effective January 1, 1995 and an additional one and one-quarter percent (1.25%) increase
effective July 1, 1995 . For example, if the median were to come in at 3.0%, the increase
would be 2.25 % on January 1, 1995, and 0.75% on July 1, 1995. If the iredian were to be
4.0-., then the cap would apply and it would be 2.25 % on January 1, 1995, and 1.25% on July •
1, 1995 .
Effective January 1, 1995, a fifth classi fication of Probationary Police Officer IV is established
and the base wage rate for 1995 for this classification will be $2,450 per month for 1995 .
Salary for 1996 will be negotiated in 1995.
For health and dental benefits, if necessary these will be negotiated in 1995 for 1996.
For employees who retire on or after January 1, 1995, the City agrees to pay 50% of the cost
of health insurance up to a maxi mum of $100 per month .
FINANCIAL IMPACT
The exact impact of the salary increases will not be available until after December, since it
is based on su.rvey cities, arid not all of the ci ties have finalized their pay increases at this
time. Howeve r, the maximum impact of salary increases for 1995 based upon the 2.25%
and 1.25% formula would be $68,839 . The impact of the reduction in the starting pay for
Probationary Police Officer IV will depend on the number of officers hired after January 1,
1995 and is not known at this time. The increase in the reti rement health insurance is not
known a t this time since it is d e pendent o n the number who retire after January 1, 1995 .
LIST OF ATTACHMENTS •
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