Loading...
HomeMy WebLinkAbout1992 Resolution No. 106RESOLUTION No./Qf,,• SERIES OF 1992 A RESOLUTION APPROVING THE COLLECTIVE BAI<GAJNIN<.' CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1993 THROUGH DECEMBER 31, 1994 WHEREAS, the previou s Collective Bargaining Contract with the Englewood Police Benefit Associ ation effective time period wa, January 1, 1991 through December 31, 1992 ; and WHEREAS, the City of Englewood and the Englewood Police BenefiL An ociation entered into negotiation s in May 1992 in accordance with the Engle wood City Home Rule Chari.e r and a tentative agTeemenl wa1 negotiated; and WHEREAS , the members of the Englewood Police Benefit As9"ciation duly ratified , by a majority of the members, the tentative Collective Bargaining Agreement ; and WHEREAS, there were no significant changes to the contract from the previ ous contract other than minor changes in language to clnr ify purpo ses: and WHEREAS , the City did agree to review with the EPBA the retirement medical benefits; and WHEREAS, the median pay form~la remained the same aa in the previous contract; and WHEREAS, approval by the Englewood City Council of the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood for the period of January 1, 1993 through Decembe r 31, 1994, is hereby civen ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sfwgnj,. The City Council of the City of Englewood, Colorado hereby approves the Collecti ve Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood for the period of January 1, 1993 through December 31, 1994 . ~-The Mayor and the City Clerk are hereby authorized to sig · and attest the Collective Bargaining Contract between the Englewood Police Benefit Association for the period of January 1, 1993 throu~li December 31, 1994, for the City of Englewood , Colorado . ADOPTED AND APFROVED this 21st day of Dece mber , 1992 . A'")'EST : 7 '6/ai~~ ~-{,,t,H&- Patricia II . Crow , City Clerk I, Patri cia H. Crow , City Clerk fo r t)l ; .y of Englew oo d, Colorado, hereby ce rtify the ab ove ,s a tru e copy of Res ol ub on No/L.; Series r' ;~ . . J 12tft.e?( ,(_,, wa /-(,!' Patri cio H. Crow COH'l'RACT BETWBl!IN THE CITY or ll!NGL!WOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION POR THE ¥EARS 1993 AND 1994 Th is reproduction of the 1993 and 1994 Contract has been prepare~ by the Ci t y Admini stration f or all distribution to all c ov ered Pol i ce officer.s S J t hat everyone will be aware of the rights and bene fits conta ine d h ere i n. ll!l2U R&ii ARTICLC l DURM'ION OF CONTRACT 2 ARTICLE 2 RECOGHTION 2 ARTICLE J EMPLOYrE RIGHTS J ARTICLE 4 SENIORITY J ARTICLE 5 PROBATIONARY EMPLOYEES 4 ARTICLE 6 HOURS OF WORK 5 ARTICLE 7 BIDDING PROCEDURES FOR SHIFT ASSIGNMENT 7 ARTICLE B SPECIAL ASSIGNMENT 8 ARTICLE 9 LAYOFF B ARTICLE 10 COMPENSATION 9 ARTICLE ll LONGEVITY COMPENSATION 10 ARTICLE 12 OVERTIME WORK 11 ARTICLE 13 CALL BACK 12 ARTICLE 14 STANDBY 13 ARTICLE 15 ACTING PAY 13 ARTICLE 16 UNIFORM CLEANING ALLOWANCE 13 ARTICLE 1 7 ANNUAL LEAVE 14 ARTI CLE l HOLIDAYS 16 AR TICLE 19 .1>.DMIN ISTRATI VE LEAVE 17 A.'lT I CLE 20 MILITARY LEA VE 18 ARTICLE 21 FUNERAL LEAVE 19 AkrI CLE 22 Jl!RY DUTY 19 ~.RTI CLE 23 LEAVE S OF AB SEN CE (WHHOUT PA Y) 1 9 ARTICLE 24 PERSONAL LEAVE 20 -i - ARTICLE 25 DISABILITY -TEMPORARY (NC-N JOB RELATED) 20 -ARTICLE 26 ON-THE-JOB INJURY -DISABILITY 22 ARTIC LE 2 7 LIFE INS URAN CE 23 ARTICLE 28 DEN TAL INS URAN CE 23 ARTICLE 29 HEALTH INSURANCE -EMPLOYEE/RETIREES 24 ARTICLE 2 ') RETIREMEN T BENEFITS 25 ARTICLE 3l RULES AND REGULATIONS 26 ARTICLE 32 TUITION REFUND 26 ART CLE 33 DUES DEDUCTION 26 ARTICLE 34 ASSOCIATION ACTIVITIES 27 ARTICLE 35 LETTER OF CORRECTIVE ACTION 2·1 ARTICLE 36 DISCIPLINARY ACTION 2!1 ARTICLE 37 GRIEVANCE PROCEDURE 2'} ARTIC',.E 38 EXCLUSIVE NE SS OF CONTRACT 31 - CONTRACT BETWEEN THE CITY or ENGLEWOOD MiP....Tll.fl ENGLEWOOD POLICE BENEFIT ASSOCIATION This contract ent ered into by the City of Englewood, Colorado , and the Englewood Police Benefit As ■ociation ha ■ as it ■ purpose the promotion of h a rmon i ous relations between the city of Englewood and its e mployees , a fair and peaceful procedure for the resolution of differences ; the establishment of r,tes of pay and hours of work , and other conditions of employinsnt mutually agreed upon. Except where limited by express provisions elsewhere in this contract, nothing in this Contract shall be construed to restrict, limit or impa l.r the rights , powara. and authority ot the city as granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Determine the overall mission ot the City a ■ a unit of gov ernment. B. To maintain and i mprove the efficiency and effectiveness of city operations. c. To determi ne the services t o be rundered, the operat i on s to be performed, the technology to be utilized, or the matters to be budgeted. D. To determi ne the overall methods, processes, means, job c lass ific ations o r p ersonnel by wh i ch City operations are to be conducted. E. To d i rec t , s upervise , hire, promote, transfer, assign, schedu le , r e tain or l ay -off employees . r. To suspend, discip line, discharge, and demote for cause , a ll fu ll -time perm anent classified.employees. G. To re l ieve e mplcy e es f r om dutie s because o f l ack o f work or funds, or un de r c onditions wh e re t he City determines continued work would be i n efficient or no nproduct ive . H. To take whatever other a cticns ma y be n e cessary to carry out the wishes o f the public not ot ': .,rwis e speci f ied h e rein or limited by a collective bargaining c rmtract . I. To take a ny and all actions to carry out the mission of the City in cases of e mergency. J. Nothing contained herein shall preclude the city from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights. ARTICLE l, DURATION OF CONTRACT A, This Contract shall take effect on January l, 1993 and shall continue in force to and including December Jl, 1994. B. This Contract , or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. c. If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District court, the remainder of this Contract shall not be affected thereby and this contract shall remain in full force and effect, and the parties shall promptly negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement of such article or section. D, The parties agree and understand that provisions relating to employees covered by this Contract shall in no way di~place or modify present or future statutory or case law of the state of Colorado. E. The parties acknow l edge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for negotiat :·:m discussions and that the understandings and agreements arrived at by the parties after t his exercise of that right a nd opportunity are set forth in th i s Co ntract, ARTI CLE 2. RECOGNITION The City recognizes t h e Englewood Police Benefit Association as the e mployee orga nization certified by the Board of career Service Commiss ioners o f the City o f Englewood as the exclusive representat.ive for s wo rn Police employee;; within the following ba,:ga:.n i ng unit : Included : All f ul l -time , class i fied sworn po l ice off i cers below the rank of Se rgeant of the City Pol ic'l Departme nt. Exe uded: All others as determin ed by t he Board of Car eer Service Commissioners. -2 - ARTIC LE 3, EMPLOYEE RIGHTS l. l, full-time classified employee who is not a confidential employee, a man agerial employee, or a supervisor shall have the right: A, To form, join, support or participate in, or to refrain from terming, joining, supporting, or participating in any em~loy ~e organization or its lawful activities. B. Bargain collectively through the i r certif i ed employee representativ e. C. No emp l oyee shall be interfered with, restrained, coerced or discriminated against because uf the exercise of these rights or shall the right of an individual employee to discuss employment; concerns with the City be infringed upon. 2 . The City and the Englewood Police Benefit Assoc i ation mu tua lly agree t hat a fair and impartial i nvestigation of officers is deemed appropri a te a nd necessary. A written policy ha ■ been dev eloped and included in t.he operations manual specifically addressing the issue of administrative and criminal investigations and employee rights. No changes will be made in this policy without prior consultation and review with association representative(s). ARTICLE 4 . SENIORITY For the purposes of this Contract, seniority shall be det ermined first by length of continuous full-tima service with the City Police Department -.~cording to rank and second by length o f continuous full-time ~ervice with the City Po lice Department from the firs t date o f. hire, pr ovided the employee successfully completed the prol::ationary period . In cases where two or more employees have the same hire d ate, the badge number as issued by the department shall e stablish priority of position on the seniority list. Th e f i rs t t welve months of employment constitutes the probat i onary period, during wh i ch time seniority will not apply, After an employee s ucce ssful l y completes the probationary period , t heir na me shall appear on the seniority list as o f the fir st date o f hire. -3 - The seniority of an employee shal l terminate under any of the following conditions: 1. Wh ,~n an employee has been laid off for a period of one year or more. 2 . When a laid off employee ·fails to give notice of the employee'A intent to return to work within seven (7) calendar days after the City haa aent to the employee's last known address on file with the City a certified letter requesting the employee's return to wo1·k. 3. When the e mployee gives notice but fails to r eturn to work within seven (7) calendar days after the aforesaid letter has been sent to the employe·,. 4. When the e mployee's employment with the City is terminated or any reason. s. When an employee is on leave of absence as provided under Article 23. 6. 7. If an employee is abaant for three (3) con ■■cutive regularly scheduled working daya without notifying ·the Director of Safety Services or immediate supervisor prior to such three (3) days' absence without good cause as ~etermined by the Director of Safet y Services . Failure to return to work after expiration of a formal leav e of absence. a. An employee rehired but whose absence from City employment was less than eighteen (l.B) months will have their prior accrued &eniority with the city restored. ARTI CLE 5. PROBATIONARY EMPLOYEES . A. The probationary period for all new l y-appointed Police employees shall not be less than twelve (1 2) months from the date of hire . After c ompl etion of the probationary peri od, the employee shall be e ligible for permanent status. B, Any permanen t e mploy ee covered by this Contract upon being promoted to a new pos i tion !.n the career service system shall have probationar y status as set out above in any position to wh ich he/s he 1o.•as prom oted, bu t sha 11 retain permanent status in his/her previous classi fication and may voluntarily transfer back to the pre vious position at any time, or be returned to that pos ition by t he appointing authority during the probationary per iod. c. Employees rehired as provided under the provisions of the Ci ty's administrative procedures with less than one (1) year of separation from the City shall be subject to a probationary period. The Di rector of Safety Services, with the approval of the appointing authority, may modify or waive the probationary period . ARTICLE 6. HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transaction of their re spective services. A. Work Week A work week is a regular recurring period of 168 hours in the form of seven consecutive 24-hour periods. The work week need not be the same as the calendar week. The work week may begin on any day~f the week and any hour of the day and need not be the sam~ for all employees. B. Work Schedule 1. The work schedule for officers assigned to the uniform patrol bureau, including roll call and meal periods, shall consist of five (5) eight (8) hour and fifteen (15) minute work d11ys; four (4) ten (10) hour and fifteen .(15) minu'~e work days; or other work scheduls as determined by the Director of Safety Services. 2. The work schedule for ofticers assigned to the investig~tion bureau or other special assignment, i ncl '1ding meal periods, shall consist of five (5) eight and one-half (8-1/2) hour work days, four (4) ten (1 0 ) hour work days or other· work schedules as dPtermined by the Director of Sa fety Services. J. Any chang e in an officer's bid or assigned schedule (starting time , quitting ti me, scheduled days off) will be mad e in accordance with paragraph C except schedule changes may be made without not i ce if the af f ected officer agrees. The Ci t y a g rees to rev iew with Ass ociation representativ es i ssues and c oncerns regarding t he method and poss ibl e compensation associated wi t h schedul e change s. -5 - c. changing work schedules The work schedule may be changed by the Director of Safety Services provided a minimum five (5) days ~dvance notice is given. Work schedules may be changed 1.ithout advance noti=e in the case of emergenc ies as detr,rrnined by the Director of Safety Services. When an em~loyee's work schedule is changed for purposes ot training, special instruction, etc., the supervisor shall make a reasonable effort to accomm odate the employee's interests concerning the scheduled change. D • ~ The need for an appropriate level of mann i ng is recognized by the City for the purpose of efficiency nn d safety. The Police Department will addreu this issur. in departmental policy. E. Meal Periods -Patrol ottig?-rJi. F. Officers assigned to the un iform patrol bureau shall be allowed a paid mer.l period of forty-five (45) minutes each full work day. The meal period shall be authorized and c ontrolled by the employee's supervisor. An employee may c onduct personal business during the meal period. Mea l Periods -Detectives Officers assigned to the investigation bureau or othes special assignment shall be granted a paid meal period of thirty ( 3 O) minutes for each full work day. Employees working a ten (10) hour work ahift shall be allowed a paid forty-five (45) minute meal period. The meal period shall be authorized and controlled by the emp :oyee' s supervisor . G. Rest Periods Employees shall be granted a paid rest period not to exceed fifteen (15) minutes during approximately the first one-half of the employee's regular work day and an · additional fifteen (15) minutes rest break approxittately i n the second one-half of the work day. Rest periods shall be author i zed and controlled by the employee's supervisor. -6 - H. Missed Meal Period -Additional comp,,nUQn If an employee is denied a meal period as described abov e and no alternate meal period is provided, the emplo ye e shall be paid an additional one-half (l/2) the employee's regular hourly wage rate for the missed meal period, I t is understood and agreed that missed meal pe~i ods are a non-grievable i tem under this contract, ARTICLE 7. BIDDING PROCEDURES FOR SHIFT ASSIGNME NT A. Seniority appl i cable to the seniority b i d process will be det ermined in accordance with the. total length of continuous employment as a Police Officer with the City of Englewood. Prior city employment in other than a Police Officer capacity will not apply towa rd seniori ty . Probationary employees will not be included i n the bid process . Bidding for watches and pays Off B. The seniority bid system will be a~plicable to personnel assigned to the uniform patrol bureau only, and will not be a uthorized in any other bureau or special assignment . The uniform patrol bureau commander will develop and post a schedule prior to e a ch year for a twelve-mon t h period. A patrol officer in the un i form patrol bureau will bid once each year in November for assignmen ts within four (4) three (3) month intervals . There will be a t otal of five (5) non-biddable positions wh i ch shall consist of one (l) non-biddab .e position on Watch I and two (2) non-biddable posii:ions on 1-ach ot Watches II and III. Th e bidding proces~ will begin wi th the most senior Police Officer bidding the pos itions of their c hoice. In the descending order of seniority, each remaining Police Officer will have choice of the remaining biddable pos i t ions . All specialized positions such as motorcycle officer, crime prevention o ffice r, traffic officer, etc. will n ot be open to bid . If the motorcycle program is discnntinued, the motorcycle positions wil l become biddable. The ~~~~ialized assignments along with a ny no -bid posit i ons on a watch, will be in addition to the biddabl e position on each watch. Officers may request non -biddable positions and an attempt will be made to accommodate them, but s uch positions will be assigned at the discretion of the uniform patrol bureau comm ander. -7 - If an employee fails to submit a bid in accordance with the bidding procedure, the employee will rel i nquish the opportunity to bid by seniority, and will be assigned at the discretion of the uniform patrol bureau commander. An employee in an other assignment, who is reassigned to the uniform patrol bureau will occupy the position vacated by the e mp loyee they are replacing . If other positions are available, the employee may request assignment to such positions, but may on ly be as s igned at the discretion o f the patrol division commander . The offic er will t hen be allowed to bid at the next bid process. It is further understood that should a schedule change for unforeseen emergency circumstances arise, officers may be assigned by the uniform patrol bureau command'er from one ■hift to the other to handle whatever emergency situatic ~ exists during the duration of the emergency. ARTICLE 8. SPECIAL ASSIGNMENT Effective January l, 1988 , the Department will establish a written process for selection and ~Grvica including performance of employees for special assignments as identified below. The Director of Safety Services wi ll consult with the Association regarding any fut~re changes to the selection process. Crime Scene Investigati on Motorcycle Officer Special Weapons and Tactics (SWAT) Detective Field Training Officer Range Officer Personnel Investigator Tra ffi c Officer Department Armorer DARE Officer ARTICLE 9. LAYOFF Whenever there is lack of work , lack of funds, or un der conditions where the City determines c ontinued work wo uld be inefficient or nonproductive, t he appointing authority shall designate the position s in which the layoff is to be made . The order of layoff s hall be determined by the City Manager on the bas i s of the quality and length of service prov ided by t he e mployees in t he affected araas. Quality o f work will include t he 'm ployee's total e mployment record. Th i s record includes a nnual performance evaluations, c ommendations, disciplinary a ctions, ed ucat ion , t r aining , etc. An y employees "ho have not yet achieve d -8 - e permanent o r regular status or who have less than eighteen (18) months of full-time employment with the City shall be laid off first, regardless of performance. Permanent employees who are laid off have the right to be reemployed in their respective class, in inverse order of layoff, provided that such recall occurs within one (1) year of layoff , The City's obligation to reemploy an employee shall be satisfied if it makes an offer of employment to an employee within a classification for which the employee is qualified . In the event the e mployee fails to accept the offered employment, the offer will be deemed as denied and the employee's rights with the City s~all in all respects be terminated at the time. In the event the quality and length of service are equal, seniority shall prevail, An employee in a higher rank if laid off may transfer to his/her previous lower rank provided the employee had permanent status in the lower rank. An employee so transferred shall have the first right of refusal to the former high level position that the employee had held, The recall list shall terminhte after twelve (12) months, Employees shall not continue to accrue service credit, including seniority, or be eligible for any City benefits during layoff, In the event of a layoff, affected employees will be given as much advance notice as possible. ARTICLE 10, COMPENSATION A, The salary schedule that became effective on January l, 1992 is as follows: POLICE OFFICERS tlmITfil,i'. Afil!!.Wi Probationary $2,400 $28,900 Police Officer III 2,639 31,668 Police Officer II 2,906 34,872 Police Officer I 3,193 38,316 B, Effective January 1, 1993 and January l, 1994, em ployees covered by th i s contract will receive compensation developed from the median base monthly salary for Police Officer I from the following Denver metropolitan police departments. Arv ada Boulde r Comm~rc e City Lakewoo d Northglenn Westminster -9 - Aurora Broomfield Denver Littleton Thornton Wheat Ridge The methodology used in determining the median wage rate is set forth below: (l) The monthly straight time wage rate excluding all other fo rm s of compensation for Pol i ce officer I from each of the departments listed above will be arranged from highest paid to loweat paid and the median wage rate wi ll then be determined, (2) Once t h e median wage rate for Police Officer I is determined, that rate will then be used in establishing the City of Englewood's wage rate for Police Officer I, (3) In order to accurately determine the wage rates from · each of the above cited cities, wags data will be collected by the City by November l, 1990 and 1991. All wage data collected will be aubject to verification by the Association by November 15, 1990 and 1991. (4) Should a dispute arise between the city and the Association concerning the accuracy of the wage survey data, the dispute shall be aubject to the grievance procedur e contained in this Contract, Base Salary For the purposes of determin i ng an employee's base wage, the employee's regular straight time hourly wage rats and longevity s hall L~ used, excluding all other forms of employee compensation. (The above provision shall be used only for the purpose of determining 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 t h e end of each year. Merit Increase_ The wage increase provided for Police Of ficer 4th Class through 1st Class s hall no t be con s idered automatic, but rather based upon merito r ious service. Sa id me rit increase may be grant e d or denied to a ny individual Police Officer upon recol!lltl endation of the Director o f Safety Se rvices and with the approval of the City Manager upon wr itten notice to such individual Police Offi cer . The date in which the merit inc rease i s approved shall determine the new merit anniversary date. ARTICLE 11 . LONGEVITY COMPE NSATIO N In addi tion t o an e mploy ee's monthly salary, the employee shal l be e ligible fo~ longe vity co mpensation based upon the nu mber -1 0 - of years of continuous Hrvice with the City and shall be derived from the following schedule. Years of serv ice AJnQilll.t or Comp ensat i on 0-4 5-9 10-14 15-19 20 or None $12 per month for $144 per year, except for those etnployees who have not completed 6 full years of continuous service on December l of any year, which employees 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 l. ·· $24 per month for $288 per year, except for those employees who have not completed ll full years of continuous service on December l of any year, wh i ch employees shall receive $144 plus an amount equal of $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December 1. $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous sarvice on December l of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December 1. more $4 8 per month for $5 7 6 per year , except for those employ~es who have not completed 21 full years of continuous service on December l of any year, which employee s hall receive $432 plus an amount equa l to $12 for each full month of completed continuous service after compl etion of 20 years of continuous service up to De c ember 1 . ARTICLE 12. OVERTIME WORK A. Empl o yees covered by this Con ·:ract s~all be comp ensa t ed at time and one-half ( l 1/2) the e mpl oy ee's r e gular hourly rat e of pay for all ass i gned hours wo r ked ov er and a bov e the i r regular work schedule. B. Overtime shall not be pyramid e d , compoun ded or paid t wice for t he s am e ho urs wor ke d . -11 - c. The City retains the right to assign overtime work to any employee qualified to perform the work. Un s c heduled Overtime Unscheduled overtime is defined as overtime where less than t wenty-four (2 4 ) hour s notice is given to the officer. Overtime wil l be offered on a voluntary basis first with the most senior of fi cers given first choice. If there are no volunteers, the least seni or officer will be required to work the overtime; unless an accomm odation can be made as authorlzed by the employee's supervi sor. This provision will be subject only to the watch going off duty and t he watch corning on duty. scheduled overtime Scheduled overtime is defined as overtime where more than twenty-four (24) hours notice is given to the offic~r who i s assigned overtime work. Scheduled overtime will be offered on a seniority basis first with the most senior officer given first choice, and the least senior officer required to work the overtime . Th i s overtime is limited to the affected watch only. Co moensatorv Time Employee• who have worked overtirn& hours may take time off in lieu of overtime pay upon mutual agreement between the employee and the employee's aupervisor. If there is no mutual agreement, the e mpl oyee shall be paid . Compensatory time off in lieu of overti me pay shall be taken during the pay period in which it was e~rned and shal l be paid in accordance with the Fair Labor Standards ~ct. ARTIC LE 13, CALL BACK A. An employee on off-duty status who is called back to duty shal l be credited with a mi nimum of two (2) hours o f pa y at the rate of one and one-half (1 1/2 ) the e mployee's r e gu l ar hourly wage rate . B. An em ployee called back t o work during the fi r st t wo (2) hours pr i or t o t h e s tart o f the i r regul a r shift s ha ll be pa id at t h e ove r t im e rate for a ll hours actually worked up t o the s t arting t im e of their r e gu lar s hift. c . Should any e mpl oy e e be requi red to t e stify before a ny court or departmental admini strative h earing as a result of his/her official duties with the City, the time spent by such e mployee in prov i ding such test im ony shall be -12 - consiciared to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, the employee shall be paid as provided under Section A above . The employee shall pay to the city all witness fees, and ot·ner compensation paid to the employee in conjunction with so test i fying excluding mileage fees. An e mployee who is called for witness duty shall present to t he i r s upervisor the original summons or subpoena from the court or at the conclusion of such duty, shall prov ide a signed statement from the clerk of the court, or other evidence indicating the amount of time his/her person was required . D. When 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 14 . STANDBY Employees a ssigned to standby duty shall be credited with one (1) hour of pay at the overtime rate of pay for each twenty-four (24) hour period, or porticm thereof, during which they are on standby. ARTICLE 15. ACTING PAY All acting positions will be compensated at 100% of the pay for the position in which he/she is acting as approved by the Director of Safety Services. The employee must be in the position for a period of thirty (30) consecutive calendar days before said e mploy ee becomes eligible for acting position compensation. Such pay wi ll be retroactive to the f i rst day said employee assumes the responsibilities of the position. ART IC LE 1 6 . UNIF ORM CLEA NING ALLOWANCE A. Th e Ci ty shall furnish, or bear the cost of un i forms, incl udi ng l e athe r gear , insignias, shoes and cloth i ng, requ ired while on d ut y, and s hall pay all c o s t s of maintenance, repair and cl e aning the reof . The Ci t y s ha l l provide the ne c e s sary c l e a ning. All e mployees a ss i gned to the invest i gation bu reau for a peri od o f th i r t y (3 0 ) days or mo re a nd not requ ired t o be i n un i f orm d uring wo r k , s hall re c eiv e a monthl y clothing allowa nce of $6 0 . All employees ass ign ed t o the Police Adm in istrativ e Divi sion (e.g., Int ernal Affa i r s and D.A.R.E . Off i cer ~) for a period o f thirty (3 0) days or more s hall r ece ive a mont hly c l e ani ng a l l ow a nce o f $40 . Th e emplcyee shall be re s ponsible for all l ost or s tol en i tems identifi e d a bove, or damag e to t he s am e, as a re s ul t of neg ligence or delibe rate act . -13 - B, The City will provide on a replacement basis a high quality bullet p1·oof vest (flack jacket). Replacement shall be made once every five (5) years. In the event of specialized or customized vests, the City will pay the same dollar amount for the City issued and autJ-.orized vest with the employee paying the differences in cost. ARTICLE 17. ANNUAL LEAVE A, Employees hired prior to December 31, 1983, and covered by this contract shall accumulate annual leave monthly at the following rates. Length of service 0-9 10-19 20 and above II.ours per Month 10 13, 33- 14 .16 Hours per Year 120 160 170 The maximum accumulation of annual leave shall be aa follows: Length of service H2l.ln 0-9 240 1 0-19 320 2 0 and above 340 Employees hired January l, 1984, and thereafter shall accumulate annual leave at the following rates. Length of Service 0 -4 5-9 10-19 2 0 and abov e Hours per Month 8 1 0 1 3 .33 14.16 Hours p_e1: .. :i!~ 96 120 16 0 1 7 0 The maximum accumulation of annual leave shall be as f ol l ows: Le ngth o f service l:!Q;l,;.,§ 0 -4 1 9:1 ~-9 240 l 0 -19 32 0 20 a nd above 360 .. l4 .. B. Annual leave shall not be granted to any employee until a::ter completion of twelve (12) months consecutive service with the City unless otherwise authorized by the Director of Safety Services. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (1/2) of the working days of that month excluding authorized paid leave. c. Annual leave shall neither be authorized nor computed for any purpose after the maximum accumulation has been reached, The schedule for use of annual leave ■hall be determined by the needs :,f the department. Annual leave shall be taken et a time convenient to end approv ed by the Director of Safety Services. Employees shall not lose accumulated annual leave after the maximum has been reached if the employee ha!!. requested use C)f annual leave prior to maximum accumulation, and has been denied use of annual leave. Annual Leave Pay The rate of annual leave pay shall be the employee's reg•Jlar straight time hourly rate of pay for the employees regular job and charged on a working hour basia, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated 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 (J) 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 the ir annual leave. work During Ar •nual Leave If afte:.: the employee has begun their ann:.ial. leave and the Ci ty requires the employee to work during the achaduled annual leave period, the employee shall be compensated as follows : A. The employee shall be paid for all hours worked a t the overtime rate. B. The e mp loyee shall not be charged with vacation t im e fo r the number of h o urs worked. There shall be a one-week mi nimum on use of annual leave t ime, unless otherwi se authorized by the Director of Safety Services or his/her designa t ed representativ e . The maximum u se of annual leave shall be no greater than the a mount acc umulated by the e mpl oyee prior to the startiny date of the e mployee 's annual leave request, and in r.o event F<hall the -15 - annual leave exceed four (4 \ consecutive week~ unless otherwise aut horized by the Director of Safety Services . l\,nnual Leave Pay Upo n separation Any employee who i s separated from the service of the City, i.e. , retirement, terrnir:at i on or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation at the employee's regul .,r hourly wage rate. In the case of voluntary separation, the ~mployee shall be required to give two (2) weeks notic e to the City . How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. Bidding for vacations Each officer will bid one vacation, by seni,.,rity, for the year's period, January 1 through December 31. Additional vacation periods will be granted, on a first requested basis, only after all seniority-bid vacations have been ceheduled. The bidding process for vacations will take place in November as scheduled by the uniform bureau ~onunander after completion of all bidding for watches and days off. V.~c ations are expected to be scheduled in good faith by each e mploy,1c and shall specify the exact dates desired. In the uniform patrol bureau, not more than four (4) officers per watch will be scheduled for vacation or holiday leave at the same time, unless approved by the Director of Safety Services. Within the bureau , not more than two (2) o~ficars will be ~cha~uled fol v~cation at any one time unless app ;::,ved by the Director of Safet~ services. Vacation within the investigations and administrati:in divisions will be scheduled ):;v their division commander according to senior i ·;y. ARTICLE 18 , HOLIDAYS A. All officers covered by this Contract shall be scr.aduled {or ten (10 ) days off with pay at the discretion of the Director of ~af ety Services or designee. Scheduling will be dependent on tha work load of the department. Upo n mutual agreement of the employee and the Director of Safety Services, a maximum of five (5) holidays v ay be cashed out for pay in lieu of time off . At the ~mployee's option, one (1 ) hol iday shall be guaranteed t o be cashed out for pay in lieu of time off. The r ate of pay sh~ll be at t he employee's regu lar hourl y wag e rate . -16 - In th e uniform patrol bureau, not more than four (4) officers per watch will be scheduled for vacation or holiday leave at the same time, unl ess approved by the Dlrector of Safety Services or designee . Hol i days will be b id after all vacation s have been bid by seniority with vacations taking precedent over holidays. The bid time for holidays is the same as vacations according to bid schedule, except that any holidays not scheduled or used by August 1 of that year may be assigned. If after the employee has begun their holiday and the City requires the employee to work during the scheduled holiday period, the employee shall be compensated a~ follows: l. The employee shall be p a id for all hours worked at the overtime rate. 2, The employee shall not be charged with holiday time for the number of hours worked. B, Officers assigned to the investigation bureau or other special assignment shall be allowed the regularly observed City holidays and may be allowed a floating holiday option. They may be allowed to exchange any of the below listed holidays for any other day in the year he/she is normally scheduled to work, Scheduling will be made with the approval of the Director of Safety Services or designee. Holidays which may be exchanged are the following: Washington's Birthday Veteran's Day Friday after Thanksgiving Labor Day Memorial Day Christmas Eve or New Year's Eve If a holiday falls on a detective 's regularly scheduled day off, he will be given an alternate day off. This provision shall also apply to police officers regularly assigned to special d uty by the Director of Safety Serv.tces. ARTICLE 19. ADMINISTRATIVE LEAVE \ Adm inistrative leave wi t h pay may be granted an employee at the discretion of the Director of Safety Services or designee . This leave is used when circumstances regui:·e in the best interests of t he Ci t y a nd /or employee that the employee should temporarily be reli eved from d uty . -17 - A.<TICLE 20 , MILITARY LEAVE A, Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the Unit ed States in time of war shall be entitled to a leave ~f absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B, Any e mp loyge who shall be a member of the National Guard or any other component of t he military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States , nor or hereafter organized _ or constituted under federal law, shall be entitled to leave of absence from his/her employment without loss of pay, seni ority, status, efficiency rating , vacation, sick leave or other benefits for all the time when he/she is engaged with s uch organi zation or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen ( 15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. such leave shall not be allowed unless the employee returns to his/her public position immediately upon being relieved from such military service and not later than the expi ~ation of the time herein limited for such leave, unless he/she is prevented from so returning by physical or mental disability or other cause not a due to his/her own fault or is required by proper authorities to continue in such military service beyond the time herein limited for s ue leave. LJ . Subject to provisi ons A, B, and C above, tho City shall provid,, full pay i:o an e mp loyee granted military le,w e, less whatever wages the e mployee may have received by the military for s uch service. E. Any e mployee who is requi red to attend a weekend reserve d uty may request that his/her scheduled duty days be rescheduled d uring the same pa y period during whi ch the requested weekend falls. Th is request may be approved if such rescheduling can be accomplished at the convenience of t he Police Divis ion. such request must be submitted to the Director of Safety Services as far i n advance of the requeste d we ekend as possible, but in no event s hall i t b e s ubmi tted less t han s i x (6) weeks in advance of the reque s ted we ekend , and t he Director of Safety Services sha ll r es;,=nd wi t h in t wo (2 1 weeks after t h e requ est is received. Suc h request f o r res c heduling shall not arbitrar ily be denied . -1 8 - ARTICLE 2 1. FUNERAL LEAVE The Director of Safety Services shall grant leave with pay t o an employee to attend the funeral of a member of the employee's fa mily. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purpose of this section, "employee's fa mily" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the e mployee or of the employee's spouse. ARTICLE 22, JURY DUTY Leave may be granted to an empfoyee for serving on jury duty. The em p loyee shall be e ntitled to the difference between his/her regular compensation and the fees received for jury duty. ARTICLE 23. LEAVES OF ABSENCE (~ITHOUT PAY) Eligibility Permanent employees covered by this Contract may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child care, serious illness of a 11811\ber of the employee I s family, or other good causes, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) men ' 's of any year but may be extended for good cause upon request for .dditional periods of time. The total leave time shall not exceed one year . Upon return from approved leave, the employee will be restored to their former position if available or to a pos i tion com p arable for which the employee is qualified, During periods of unpaid leave, employees shall not continue to accrue serv ice credit, or be e l igible for any City benefits. bPPl ication fo r Leave A re qu est for leav e of absence wi thout pay sha ll be submitted in writing by the e mploy ee to t h e Di rector of Safety services. The r e quest s h a ll i~di cate the reas on the leav e of absence is being r e que s ted a nd t he approximate l ength of leave t i me requested . Consideration of Leave Requ est The Di r ector of Safe ty Se rvices may gra s '• o r d e ny l eave r equests, taking into c on s i derat i on the de partment's wo r k f orce, work load and t he e mp loy ee's r equ est. -19 - failure to Return If an employee fails to return by the date of leave expiration, the employee shall be cons i dered to have voluntarily res igned from the service of the City, unless the appo i nting authority determines that unusual circumstances exist. ARTICLE 24. PERSO NA L LEi VE Beginning January l, 1986 , all employees covered by this Contract on an eight (BJ hour work day shall be granted 48 personal leave hours wi th pay and those on a ten (10) hour work day shall be granted 50 personal leave hours with pay which an employee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the employee or the e mp loyee's i mm ediate family, B. Attend personal business, c. Leisure time. For any employee who has not used the 48 or 50 personal leave hours ending November 30 of each year or any portion thereof, the City 1,ill compensate said employee for the unused time at the employee's wage rate to be paid during the :month of December of that year. Personal leave time shall not exceed the 48 or so hours as designated above nor shall it be acc umulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the d i rection of the DirectoL' of Safety Services for personal bus i ness and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall ~otify their s upervisor or other person designated by the super.v isor at least one ( 1) hour prior to the ir scheduled reporting timE•, ARTICLE 25 . DISABI LITY -TEMPORARY (NON JOB RELATED ) Defi n ition Tempo r ary disability is leave granted for non-service c onnected injury or illness of an em p loyee which dis a bility prevents the employee from performing his/her duties as a City e mp _oy e"., Provis i on January l , 1984, the City agrees t o provide t,mporary c::isa::ility leave with pay for employees absent a,: a res ·ilt of -2 0 - illness/injury at the rate o f 10 0% of the employee's regular wage up to 120 calendar days o f disability. Temporary disability leave shall not be accumulative ex c ept that on January 1 of each year t he CJ.ty shall re s tore 100\ of the numb e r of days used by an employae d·.1ring the preceding year up to a maximum of 60 d ays . For the employees hired after January 1, 1984, and thereafter, and covered by the terms of this Contract, the City agrees to provide said empl oyees temporary disability leave with pay for employees absent as a result of illness/injury as follows: 0-4 years 5-9 years 10+ years 60 days 9 0 days 120 days For employees hired January 1, 1984, and thereafter, t e mporary disability leave shall not be accumulative except that on January l of each year, the City shall restore 100% of the number of days used by an employee during the preceding yea~· as f o llows: 0-4 years up t o a maximum o f 30 days 5-9 years up to a maximum o f 45 days 10+ years up to a maximum of 60 day,; l1til;i,iati2n A. n.1thorization for temporary disability leave with puy sha ll only be granted after the first day o f disability . B. Authorization for temporary disability shall c-nly be granted for the followir,g reasons: 1. Personal ~llness or injury not service connected, including maternity . Sick Leave option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 120 days as described above have been used unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumul ated unde r the previous plan upon no rmal or disability retirement from the City at t he rate o f or e hour s pay f o r each two ho urs of accrued sick leave or one hours pay for each four hours upon separation fr om the City . -2 1 - C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate ot tour (4) hours sick leave for one (1) hour pay, not to exc~ed a conversion of more than 400 hours each year. Reporting of Ternporary Disabiliiv The employee or a member of the employee's household shall notify the employee's supervisor at least 30 minutes prior to the employee's scheduled reporting time. No temporary disability leav" will be granted to an employee who fails to notify their supervisor prior to the beg inning of the employee's work schedule unless circumstances beyond the control of the employee would not permit. verification of Disability If the Director of Safety Services requires a physician's statement of disability, the City shall bear the cost of such physician's statement. Abuse o f Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for request i ng temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An e mp loyee wh o makes a false claim for temporary disability leave shall be subject to disciplinary action. ARTICLE 26. ON-THE-JOB INJURY -DISABILITY A, For any on-the-job injury which causes any ~mployee to be absent from work as a result of such injury, the City shall pay to such employee his/her full wages from the first day of his/her absence fr om work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability wages under workmen's compensation. After exhaustion of th-. .iinety (90) days if the employee is still disabled, he/she can utilize leave under the provisions of Article 25, Th e City reserves the right to require any employee on injury or disability leave to s ubmit to an examl.nation(s) by City·•appointed physician(s) at the City's expense or under the provision of workmen 's compens a tion or t he ret i rement/pens i on provisions as prov ided under State Statute. B. All injuries that occur during working hours shall be re por•:e d to t he e mployee's superv isor within 24 hours of the inj ury or before t he e mp loyee leave s their department of employment unless c ircumstances b~yond the contra~ of the e mployee would not permit. -22 - ARTICLE 27, LIFE INSURANCE Te rm life insurance will be provi ded by the City for employees cov ered by t hi s Contra r.t of $30,000 for each e mp loyee . The City shall continue to make its best effort , subject to acceptance by the insurance compa ny, to maintain a conversion privilege upon retirement of 100 \ coverage payable by the employee. ARTICLE 28, DENTAL INSURANCE A, During the term of this contract, the City will pay e i ghty-five percent (85\) of the premium cost for dependent and s:.ngle covsrage for dental insurance and employees will pay fifteen p i rcent (15\) of the premium cost for dependent and aingle coverage for dental insurance. B. The City agrees to continue to provide each employee covered by this Contract the same. level of dental benefits as provided to them as of January l, 1980, except the City shall improve said benefit• ac~ording to industry atandards each year and for the duration of this contract. The City will review orthodontics coverage to determine whether the levels of coverage can be increased taking into account the premium l~vels for all employees and the group of employees that desire such increased coverages. In addition, the City will review opportunities to provi de orthodontic "riders" at an additional premium cost for 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 the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable item under this Contract.) D. In order to promote a better understanding of the City 's procedure for resolving employee disputes concerning tt,e interpretation and application of the City's heal th and dental insurance program, the following procedures shall be utilized in those instances wh ere an employee feels that their health or dental insurance claim has not been processed or paid in a manner c onsisten t with the City's insurance plan. 1. If an employees feels that his/her heal·:h or dental claim has been incorrectly paid or denied, the employee shall fir st contact and inform t he City's Benefit Coordinator in the Employee Relations Department a t Ci ',y , Eall. 2 . If the disputed claim cannot be reso:i., ,d by the -23 - Benefits Co o rclinator, the ch.im will be resubmitted to A the insura n~e administrator for further review and W consider~':ion. 3. If the claim cannot bt> resolved to the 11atisfaction of the employee by the insurance administrator, the cl.aim will be forwarded with all pertinent information to the City's insurance consultant for further review and i nvestigation and who shall attempt to resolve the dispute through information ~nd ~~diation. 4. The written decision of City' v il\surance consultant concerning claim disputes invnlv:lng out-of-pocket expenses to the employee c;,f $50 or l ;,ss shall be final. Claim disputes involving out-of-pocKet expenses to the employee of more than $50 unless resolved by City•s insuran ce consu ltant to the satisfaction of the employee shall be forwarded to the Coloradn Foundation for Medical Care for a complete review of t.ne pertine1:t facts giving rise to the dispute and shall submit ' · the city a written decision which shall be final. .'ne cost for employing the Colorado Foundation for ~~di~al care shall be paid for by the City. ARTICLE 29. HEALTH INSURANCE -EMPLOYEES/RETIREES A , During the term of this contract, the City will pay eighty-five percent (851) per month for the premium cost for dependent and single coverage and the employees will pay fifteen percent ( 1 5 %) of monthly premium cos t for de;,endent and single coverage in any of the health plans offered by the City. B. The City agrees to continue to provide to each employee covered by this Contract thr; same level of health benefits as prov ided to them as of January 1, 1980, except the City shall im prov e said benef its accordi~g to industry standards each year and f or the duration of this Cont~act . c. Any disput-~ co ncerning the interpretation or appli ·,.tion o f benefits provi ded under the Health Insurance Plan shall be s ubject to t he dispute resol ution procedure only. (It is expressly understood t.,,.::':: t hi s articl e is a non-grievable item under this Co n t r a c t.) D. In o rde r to p romote a better understand i ng o f the Ci t y 's p roc e dur e f or res o l ving e mplo yee d i sputes concern i ng t he interp r e t a tion and app l i ca tion o f the City's health a nd de nta l i n s u ra nc e p r ogra m, t h e f o l l owi ng p r ncedu re s sha l l be u til i zed i n t ho se i nstanc e s where an employee feel s t hat t h e i r h e a lth o r dent al ins u ra nce claim has not b een processed or paid i n a ma nner consistent with the City's insura:nca plan . l, If an employee feels that his/her health or dental claim has bean i ncorrectly paid or denied, the employee shall first contact and inform the City's Benefit Coordinator in the Employee Relations Department at City Hall. 2 . If the <lisputed claim cannot be resolved by the Benefits Coordinator, the claim w:11 be resubmitted to the insuranca administrator for further review and consideration. 3. If the claim cannot b.e resolved to the s <1'1:isfaction of the employee by ',;he insurance administratc:c, the claim will be forwarded with all pertinent information to the City's insurance consultant for further review and investigation and who shall attempt to resolve the dispute through informati~n and mediation . 4. Tl-.e written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by the City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a complete review of the pertinent. facts giving rise to the dispute and shall aubmit to the City a written deci ■ic,n which shall be final. The cost for employing the cc,lorado Foundation for Medical Care shall be paid for by the City. ARTICLE 30. RETIREMENT BENEFITS A, Retirement benefits shall be provided for as stipulated under state statute, In addition, the City shall continue to provide t~a same level of benef its as provided for in the Englewood Municipal :::r.:le , B, E.mployee contributions will not be increased above the 5% to employees hired prior to April 8, 1978 and 8% for employee s hired after Apri l 8 , 1978 contr ibution levels unless requii:·~d by s t ate statute. c . It is understood and agreed by b o t h pl'-rt l.es that any referral to heal th insurance for retiree& or :,.,:,\!T< ·. ,,tirees is not t o b e construc.d as a part of this Co n,.Y~,.-. ·r:,,, City agrees outside th is contract that it will contim.,' .• :iw retirees and future retirees a conversion privil e g.a t ,. •,e 1th i nsu rance -25 - convers ion plan available through the Ci ty. The City alee agrees to pay sot of the cost of coverage of the conversion plan or other plan selected by the retiree up to maximum of $75.00 par mont . In recognition of the citywide growing concern regarding health i nsurance for future retirees, t he City agrees to organize a committee to evaluate costs, ber,e fit level and premium payme nt schedules a pplicable to retirees. This committee s h all be comp osed of a representttive group of employceJ a u determined by the city and shall have as members no fewer t.han one (l) member elected/appointbd by the Englewood Police 11,,ne!it Association. The above-mention ed commi ttee shall commence operation no later than January 1, 1993. ARTICLE 3 l. RULES AND REGULATIONS Except as limit£d by the express terms of thie Contract, the City retains the right to promulgate reasonable rules, regulations, po licies, procedures and directives. Said rules, regulations, policies, and procedures and directives which are an alleged violation of this Contract shall be subject to the grievance procedure . ARTICLE 32. TUITION REf tJN D Upon recommendation of the Director of Safety services and after prior approval of the Employee Relations director, the City of Englewood shall reirnburae a permanent, full-time polic~ officer upon successful completion of an approved course or ccurses in education or vocational training at the public institution rate. Th e course or training must be completed at an accredited college or univ ersity, mu st be relat~d to the work, be designed to improve competence in the job , and be of value to the police officer's servi ce to t '1e City. Thi s shal l include all tuition, and required texts . ARTICLE 33 . DUES DEDUCTION A. Th e City aq:ees to deduct t he Association dues once each pay pe riod from t he pay of those employees who individually request in wr iting that such deductions be ma de, subject t o the garnishment laws of the State of Colorado. The amo unt s to be deducted shall be certified to t he City r :nance Director by the Treasurer of the Associ atio:,, a nd the aggregate deductions of all emp loyees shall be remi t t ed togecher with a n itemized statement to the Treasurer by the 15 th o f t he ucceeding mont h, a f ter such deduc tions a r e made. The authorization shall be revocable during the term of t he Cont r act , up on a t hirty (30) day written notice by the employee to t he City fina,ce Director . B. If no wage s are paid an authorized e mployee on t he last -26 - pay period of a given pay period, deduction for tha ~ pay pe iod will be made from any wages which may be paid to him/her on the next succeeding final mont hly City pay period. It b expressly understood that the city assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any t im e that an employee is not actually working for the city and actually on the payroll of 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 As sc,ciation. C. The Association •hall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brou ght or issued against the City as a result of any action taken or not taken by the city under the provision of this Article. D. Changes in the due a · amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (.1 0 ) day written notice is provided the £ity Finance Director. E. Should the change in the deduction amount or mt:thod require a computer programming change, the Association shall be responsible for that cost of such change or changes, at $30 per hour with a four (4) hours maximum. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. A!:'rICLE 34. ASSOCIATION ACTIVITIES The City agrees that during work i ng hours on the City premises an~ without loss of pay, Association representatives may be allowed t:Q: attend Association-management meetings; attend negotiation sessions: post Association notices on City designated bulletin boards; solicit Association memberships during employee's non-work time; and represent e mp loye~s on grievances and disciplinary matters provided the work :i.oad permits as determined by the Director of Safety Services or designated r epresentative and requ ires no overtime pay. ARTICLE 35. LETTER OF CORRECTIVE ACTION A. oral corrective Action -Whenever grounds for corrective action exists and the supervisor determ i nes that the incident, act i on or behavior of the employee is such that more severe action is not immedia tely necessary, the supervisor should orally c om mun i cate to the employee the supervisor's observation of the problem and offer ass i stance in correcting the s ituation . When an oral corrective action is given , the supervisor should ensure that t he e mployee 's departmental personnel file is documented to show -27 - the d a te o f the corrective act i on a nd the nature of the corr, .. ctive act ion . Th e employee should be advised that the corrective a c tion wi ll be documen t ed i n the employee's departm ent al file. Ex mple s of reasons that may res ult i n an oral correct ive a c t i on a re listed under Englewood Mun ici pal C~l e, Sect i on 3-lM-4. B. wr itten Corrective Action When the supervi sor determin es that a written corrective act i on is appropr i ate and necessary, the corr ective action shall be ad dressed to the em ployee and s hall inc:l ud • the v iolation; the speci fic behavior and the dates o f thA . f;hav ior (w h en appropriate) that support the charge; the warn!.ng '· '-· c ontinuance of this behav i or will result in disciplinat y a c"i on ; and an offer of assistance in correcting the behavior. A signed copy of the corrective a c tion by the s upervisor shall b e included in the employee'■ official personnel file in t he Employee ~elations Office, and the employee shall have the opportu nity to submit written comments in re~ponse to the correct ive action to be included in the fil e . After a period of one (1) year from the date of the filing of tne written corre cti ve action, the employee's current and regular sup ervisor shal l rev i e w said letter and provide a follow-up letter indicating the stat~s o f the written corrective action . Examples 01• reasons that may result in a written corrective action are listed u11der Englewood Munic i pal Code , sectio,, 3-lM-4 . c . The employee retains the right to request an administrative r .iview of the written corrective action. The Di rector o f Safety Services s h all develop this administra tive review procedure which shall at a minimum consist of a board with equal representation of coll\Inand staff to be selected by the Director of Safety Services, and Associa tion ir,-embers to be selected by t h e e mployee. This board shall be advisory to the Director of Safety Servi ces, a nd its f i ndings shall be placed in the employee's pers onnel f i le . Th i s Article shall not be grievable under this Cont ract. I f t h.is procedure .i.s not observed , at the request of t h e, l\ssoc i ation a n e et i.n g may be held betweer the Department , the City Manage r's o ffi ce a 1:-:! t he Asso ciati on to address this issue . ARTICLE 36 . DIS CIPLINAR 'l ACTION Disci p l i na ry a ctions a re those personnel actions admini ste~~d aga i ns t a n e mp l oy e e for an offensive act or poor :'.ob performance, which acti ons a dvers ely affect the c urrent pay, current s t atus, or t enure of t he employee . 1, Oisci pl inary act L >n pena l ties includ e suspension, demotion , and d i s cha r ge of an e mploy2e . -28 -e 2 , Disciplinary action m!I}' be adm iniste red c o1 ,:urrently with corrective actions. 3, Reasono for disciplinat y a ction are de fined un d er 3-lM-• of the .!1u nicipal Code . An e mploy ee shall be allowed at his/her dis~retion one (1) ~ssociation representative to be present during predisciplinary meeting s, This provisi ,, shall apply only when an em ployee desires the assistance of an ~ ·, ci ciation r..,;-,-r esentative and only when the e mpl oyee believ es t hat , .is ciplina ry action as defined above may be t aken against the e mp lc,y ee . ARTICLE 37. GRIEVANCE PROCEDURE A grievance is defined as an alleged violati on concerning the interpretation or application of a r,pecific provision o f this Co n tract. The employee and the Association shall be required to follow the procedure as set out below. ~ If the emp l oyee/Association is unable to settle the grievance or. dispute or.ally and informally through his/her immediate s upervisor wi thin seven (7) calendar days c•f the date of the occurrence o f the grievance, or the employee's knowledge of it, the e mployee ma y within the succeeding seven (7) ,:alendar days file a written gri evance with his/her supervisor. ~he supervisor shall attemp t to resolve the matter and shall respond in writing to the e mploy ee wi t hin seven (7) calendar days. An Association or general grievance shall be presented directly by the President of EPBA or his designee to the Director of Safety Services. ll!!lLl If the griev ance s till rema ins unresolv ed, it shall be presented by t h e employee to t he i vision Chief in writing within seven ( 7 ) calendar days following receipt of the supervisor's ~esponse , The Division Chief s ha l respond in writing within seven (7 ) calen~ar da ys. Stec 3 If the grievance still remains unresolved, it shall be presented by the em~loye e to the Di rector of Safety Services in writing wi thin seven (7) calendar days followin g receipt of the Division Chief's res ponse. Th e Director o f Safety Services shall res pond in writ ing wi th in seven (7) calendar da y s . -29 - ~ If t he grievance still rem ains unresolved, it s ha ll be presented by t he employee to the City Manager in writing with i n seven (7) calendar d eys following receipt of the Director of Safety Services' response. The City Manager or his/her designated representative shall respond in wri~.ing within fourteen (14) calenci a r days. If the grievance is still unresolved, the employee within fourteen (14) calendar days after the reply of the City Manager of his/her designated representative, may by written notice request t.he matter be heard by the Beard of· Career Service CollUll issioners. 'l'he Boa rd of Ca rP-er Service Commissioners or its designated hear ing officer shall be requested to issue a decis i on within thirty (30) days after conclusion of testiir,ony and e-rgument. Eac:h party shall be responsible for compensation to i ts own representatives and wi tnesse s. If e ither party desires a verbatim record of the proceedings, i t may cause such a record to be made, provided it pays for the record and makes ~opies available without charge to the other party and to the Board of Career Service Commissioners or its designated hearing officer. Failure by an employee or the Association t .o coropl l' with any time limitation ■hall constitute a settlement of the gri,avance. Should the employer not respond within the prescribed time, tho grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed add i tional time to respond. Autho-;·ity of Board of career service commissioners Th e Board of career se2~ice Commissioners or its designated officer shall hav e no power co add to or subtract from or change the tenns of this Contract. The written decision of the Board or its des i gnated hearing officer shall be final and binding upon the parties. Th e Board or its designated hearing officer shall l imit its decision strictly to the grievance submitted wh.i.ch has been properly processed through the grievance procedure outlined . Process ing Grievance puring Working Hours Griev ances may be investigated a nd processed by the employee a nd o ne (l ) on-duty a ssociation representativ e at the employee 's request du ring working ho urs within re a ·son a ble time limits without l oss of pay provid ed notice is given and the work load permits . ARTICLE JS. E:KCLU t · '.'k 'I % OF CONTRA CT The City and thP. Association agree that the terns and provisions herein c ontDined constitute t~e entire Contract between the parties and supersede all previous commun ications, representatives or agreements, either verbal or written, between the parties witl, respect to the subject matter herein. The City and the Association agree that all negot iable i -:ems have been discussed duri•1g the negotiations leading to this Contract and, therefore, ag:ee that negotiati ons will not be reopened on any item dur i ng the life of this Contract except by mutual agreement of the par~ies. IN WITNESS WHEREOF, the parties have cauaed this Contract to be signed by their respective representatives, and their signatures placed thereon, on this day of _________ , 1992, at Englewood, Colorado. -- CI TY OF ENGLEWOOD Mayor ATTEST: City Clerk City Manager ENGLEWOOD PO LI CE BENEFI T ASSOCIATION -Jl - COUNCIL COMMUNICATION Date December 21, 1992 Agenda ltem 11 j Subject 1993 Compensation Plan for EPBA Members INITIATED BY Department of Administrative Services STAFF SOURCE Randie Barthlome, Director of Administrative Services ISSUFJACTION PROPOSED Staff seeks Council support of a resolution approving the Collective Bargaining Agreement and authorizing the Mayor to sign the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood . FREVIOUS COUNCIL ACTION The previous Collective Bargaining Contract with the Englewood Police Benefit Association was approved in 1990 and was effective for the time p~riod between January 1, 1991 through December 31 , 1992. STAFF ANALYSIS The City of Englewood and the Englewood Police Benefit Association entered into negotiations in May, 1992 in acco rdance with the City of Englewood Charter. The tentative agreement represents a good-faith effort of both parties to negotiate a collective bargaining agreement. The members of the Englewood Police Benefit Associati on duly ratified, by a ma jo rity of the members, the tentative Collective Bargaining Agreement. There are no significant changes to the contract. Some changes were made to language for clarification purposes and the City did agree to review with the association the retirement med ical benefits . The medi an pay formula remained the sa me as in the previous contract. FINANCIAL The attached contract outlines the proposed compensation schedules, overtime compensation, personal leave, holidays and sett lem ent of disputes. The fina ncial im pact is not presenUy assessable for compensation in that the median formula is bei ng vse d and all survey cities have not yet set their rates .