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HomeMy WebLinkAbout1990 Resolution No. 061RESOLUTION NO. 6 I SERIES OF 1990 -- A RESOLUTION APPROVING THE 1991-92 COLLECTIVE BARGAINING CONTRACT BY ANO BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT AS- SOCIATION, EFFECTIVE JANUARY I, 1991 THROUGH DECEMBER 31, 1992. WHLREAS, the 1991-92 Collective Bargaining Contract by ar,d between the City of Englewood and Englewood Police Benefit Association, c~nsisting of the current agreement as amended by the tentative agreement, ha s been duly ratified by a majority of the members of the Englewood Police Benefit Associa- tion; and WHEREAS, Section 3-5-6 A, Englewood Municipal Code 1985, requires that the contract be approved and ratified by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL CF THE CITY OF EN- GLEWO OD, COLORADO, THAT: Section I. The 1991-92 Collective Bargaining Contract by and between the City of Englewood, Colorado, and the Englewood Pol ice Benefit Association, effective January I , 1991 through December 31, 1992, a copy of which is at- tached hereto and made a part hereof, be and the same is hereby approved . Section 2. The Mayor of the City of Englewood is hereby au t horized and directed to execute the 1991-92 Coll ective Bargaining Contract and the City Clerk shall attest the same. ADOPTED ANO APPROVED the 2nd day of July , 1990 . Su Attest : if~~#~ Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk for the City of Englewoo , Colorado, hereby certify the above is a true copy of Resolution No. 61 , Series of 1989 . ~-<'a, L~( fL.:✓ Patricia H. Crow CONTRACT BE'l'IIEEH THE CITY OF ENGLEWOOD AKO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION FOR THE YEARS 1991 AND 1992 Thia reproduction ot the 1991 and 1992 contract haa been prepared by the City Administration tor all distribution to all covered Police otticers so that everyone will be aware ot the right ■ and benefit■ contained herein. 111111 ml ARTICLE l DURATION OF CONTRACT 2 ARTICLE 2 RECOGNITION 2 ARTICLE 3 EMPLOYEE RIGHTS ~, ARTICLE 4 SENIORITY 3 ARTICLE 5 PROBATIONARY EMPLOYEES 4 ARTICLE 6 HOURS OF WORK 5 ARTICLE 7 BIDDING PROCEDURES FOR SHIFT ASSIGIIMBIIT 7 ART CLE 8 SPECIAL ASSIGNMENT 8 ARTICLE 9 LAYOFF 8 ARTICLE 10 COMPENSATION 9 ARTICLE ll LONGEVITY COMPENSATION ll ARTICLE 12 OVERTIME WORK 12 ARTICLE 13 CALL BACK 12 ARTICLE l4 STANDBY 13 ARTICLE 15 ACTING PAY 13 ARTICLE 16 UNIFORM CLEANING ALLOWANCE l4 ARTICLE 17 ANNUAL LEAVE l4 ARTICLE 18 HOLIDAYS 17 ARTICLE 19 ADMINISTRATIVE LEAVE 18 ARTICLE 20 K!LITA.RY LEAVE 18 ARTICLE 21 FUNERAL LEAVE 19 ARTICLE 22 JURY DUTY 19 ARTICLE 23 LEAVES OF ABSENCE (WITHOUT PAY) l9 ARTICLE 24 PERSONAL LEAVE 20 -i - ARTICI,! 25 DISABILITY -TEMPORARY (NON JOB RELATED) 21 ARTICLE 26 ON-THE-JOB INJURY -DISABILITY ~2 ARTICLI! 27 LIFE lNSURANCE 23 ARTICLE 28 DENTAL INSURANCE 23 ARTICLE 29 HEALTH INSURANCE -EMPLOYEE/RETIREES 24 ARTICLE 30 RETIREMENT BENEFITS 25 ARTICLE 3l RULES AND REGULATIONS 26 ARTICLE 32 TUITION REFUND 26 ARTICLE 33 DUES DEDUCTION 26 ARTICLE 34 ASSOCIATION ACTIVITIES 27 ARTICLE 35 LETTER OF CORRECTIVE ACTION 27 ARTICLE 36 DISCIPLI NARY ACTION 29 ARTICLE 37 GRIEVANCE PROCEDURE 29 ARTICLE 38 EXCLUSIVENESS OF CONTRACT 31 COMTR.'\CT BfflQN THB CITY or INGLBWOQQ Alm....THB ENGLEWOOD POLICE BEHEPIT ASSOCIATIOH Thi ■ Contract entered into by the City of Englewood, Colorado, and the Englewood Police Benefit Association ha■ as its purpose the promotion of harmonious r e lation ■ between the City of Englewood and ita employees, a fair and peaceful pro~edure for the resolution of difference ■1 the establishment of rate ■ of pay and hours of work, and other condition ■ of employment mutually agreed up~n. Except where l.imitlld by expre ■■ provision ■ elHwhere in this Contract, nothing in thi• Contract ■hall be construed to restrict, limit or impair the rights, powere and authority of the city aa granted to it by constitutional provision, ■tatute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Determine the overall misaion of the City as a unit of government. B To maint,•n and improve the efficiency and effectiveness of City operations. c. To determine the services to be rendered, the operation ■ to be performed, ths technology to be utilized, or the matter ■ to be budgeted. D. To determine the overall method ■, processes, means, joh classifications or personnel by which City operations are t~ he conducted. E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employees. F. To suspend, discipline, discharge, and demote for cauae, all full-time permanent classified employees. G. To relieve employees from duties because of lack of work or funds, or under conditions where the City determinee continued work would be inefficient or nonproductive. H. To take whatever other actions may be necessary to car ry out the wishes ?f the public not otherwise specified herein or limited by a collective bargaining contract. I. To take any and all actions to carry out the mission of the City in cases of emergency. J, Nothing contained herein ahall preclude the City from conferring with ita employ••• tor purpoa ea of developing policiea to effectuate or implement any ot the a bove enumerated rights, ARTICLE l, DURATION OF CONTRACT A, Thia contra ct ■hall take effect on January l, l99l and shall continue in force to and including December 3l, l992, B, Thia Contract, or any part ot it, may be tel'llinated or renegotiated at any time by mutual consent ot both parties. c. It any article or aaction of this contract ahould be held invalid by operation of law or the District Court, or it compliance with or enforcement of any article or section should be restrained by such District court, the remainder of thia Contract ■hall not be affected thereby and thia contract shall remain in full force and affect, and the parties shall promptly negotiate tor the purpose ot attempting to arrive at a mutually satisfactory replacement ot auch article or section. D, The parties agree and understand that pr ovision ■ relating to employees covered by this Contract shall in no way diaplace or modify present or future statutory or case law of the State of Colorado, E, The parties acknowledge 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 tor negotiation discussion ■ and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract , ARTICLE 2, RECOGNITION The City recognizes the Englewood Police Benefit Association as the emi,loyee organization certified by the Board of Career service commissioners of the City of Englewood as the exclusive representative for sworn Police employees within the following bargaining unit: Included: All full-time, classified sworn police officers below the rank of Sergeant of the City Police Department. Excluded: All others as detel'llined by the Board of career Service Commissionsrs. -2 - r. I"" 1,0 , i 1, ARTICLE 3, EMPLOYEE RIGHTS l. A full-time cla ■■ified employee who ie not a confidential employee, a managerial employee, or a eupervi•or •hall have the right: A, To form, join, •upport or participate in, or to refrain from forming, joining, ■upporting, or participating in any employee organization or ita lawful activities. B. Bargain collectively through their certified employee representative. c. No employee shall be interfered with, restrained, coerced or discriminated against because of 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 Aaaociation mutually agree that a fair and impartial investi gation of officers is deemed appropriate and necessary. A written policy haa been developed and included in the operations manual ■recifically addressing the issue of administrative and criminal invkstigations and employee rights. No changes will be made in this policy without prior consultation and revi ew with assooiation representative(s). ARTICLE 4, SENIORITY For the purposes of thie Contract, seniority shall be determined first by length of continuous full-time service with the City Police Department according to rank and second by length of continuous full-time service with the City Police Department from the first date of hire, provided the employee successfully completed the probationary period. In cases where two or more employees have the same ~ire date, the badge number as issued by the department shall establish priority of position on the seniority list . The first twelve months of employment constitutes the probationary period, during which time seniority will not apply. After an employee successfully completes the probationary period, their name shall appear on the seniority list as of the first date of hire. The seni ority o f an employee shall termina te under any of the following conditions : -3 - l, When an employee ha ■ been laid ott tor a period ot one year or more. 2. When a laid ott employee tail ■ to give notice ot the employee'• intent to return to work within Hv ■n (7) calendar day ■ attar the City ha ■ ■ant to the employee'■ la ■t known addnH on tile with th ■ City a c ■rtiti ■d latter reque ■ting the employ■■'• return to work, 3. When the employee give ■ notice but tail ■ to return to work within seven (7) calendar days attar the atoreaaid letter ha ■ bean sent to the employee. 4. When the employee's employment with the City ia terminated tor any rea ■on. 5. When an employee i ■ on leave of absence aa provided under Article 23. 6. It an employee is absent tor three (3) conaecutive regularly scheduled working days without notifying the Director of satety services or immediate supervisor prior to such three (3) days' absence without good cause a ■ determined by the Director of satety services. 7. Failure to return to work after expiration of a tormal leave of absence. 8. An employee rehired but whose absence · from City employment was leas than eighteen (18) months will have their prior accrued seniority with the City restored, ARTICLE 5, PROBATIONARY EMPLOYEES, A. Th• probationary period for all newly-appointed Police employees shall not be leas than twelve (12) months trom the data of hire . After completion of the probationary period, the employee shall be eligible for permanent status. B. Any permanent employee covered by this Contract upon being promoted to a new position in the Career Service system shall have probationary status aa set out above in any position to which he/she was promoted, but shall retain permanent status in his/her previous classification and may voluntarily transfer back to the previous position at any time, or be returned to that position by the appointing authority during the probat ~onary period . -4 - .. t • .. c. Elllployee ■ rehired a ■ provided under the provi ■ione ot the City'■ administrative procedure ■ with le ■■ than one (1) year ct eeparation trom the City ahall be eubjact to a probationary period . The Director ct Safety Se rvicee, with the approval ct the appointing authority, may modity or waive the pr obationary period, ARTICLE 6. HOURS 01" WORX The Police Department ehall obeerve ottice and working hour• necessary for the efficient traneaction of their respective services. A. Work Week A work week is a regular recurring period or 168 hours in the term ot seven conascutive 24-hour periods. The work week need not be th• same aa the calendar week, The work week may begin on tmy day ot the week and any hour ct the day and need not :e the same tor all employees. B. Work Schedule l. The work schedule tor otticera aaaigned to the uniform patrol bureau, including roll call and meal periods, shall consist ot tive (5) eight (8) hour and fitteen (15) minute work days 1 four (4) tan (10) hour and fitteen (15) minute work days; or other work schedule as determined by the Director of Safety Service ■, 2. The work schedule tor otticers a ■■igned to the investigation bureau or other spacial assignment, including meal periods, shall consist ot rive (5) eight and one-half (8-1/2) hour work daye, tour (4) ten (10) hour work days or other work schedule ■ as determl.ned by the Director of Safety Service ■ • 3 . Any change in an otticer'■ bid or assigned schedule (starting time, quitting time, scheduled days otf) will bo made in accordance with paragraph c except s chedule changes may be made without notice it the affected officer agrees. The City agrees to review with Association representatives issues and concerns regarding the method and possible compensation associated with schedule changes. -5 - c. Changing Work Sch1dul11 The work ■chedule may be changed by the Director of Safety Servic ■■ provided a minim1111 five (5) day■ advance notice i ■ given. Work ■chedule ■ may be changed without advance notice in the ca ■e cf eaergenci•• a ■ determined by the Directer of Safety Service ■, When an employee'■ work ■chedule i ■ changed for purpo■•• of training, special instruction, ate,, the supervisor shall make a rea ■onabl• effort to accollllllodata th• employee' a intere ■t• concerning the scheduled change, D. lwl.ning The need tor an a~propriate level of manning i ■ recognized by the City for the purpose of efficiency and safety, The Pclica Department will addra ■s this iaaua in departmental policy, E, Meal Period• -Patrol ottic1r1 Officers aaaigned tc the uniform patrol bureau shall be allowed a paid mBal period of forty-five (45) minutes each full work day, The meal period ■hall be authorized and controlled by the employee'■ supervisor, An employee may co11duct personal business during the meal period, F. Meal Periods -Detectives Officers assigned to the investigation bureau er other special assignment shall ba granted a paid msal period of thirty (30) minutes for sach full work day. Employees working a tan (10) hour work shift shall be allowed a paid forty-five (45) minute meal period. The meal period shall be authorized and controlled by the employes 1 11 supervisor, G. Rest Period ■ Employees shall be ~.-anted a paid raat period not to exceed fifteen (15) minute ■ during approximately the first one-half of the employee's regular work day and an additional fifteen (15) m1nutes rest break approximately in the second one-half of the work day. Ra■t periods ■hall be authorized and controlled by the employee's supervisor. -6 - r. , , I' I. I '-..,/ I. H, Ki•••d K101 Period -Additional comp1n1otion It an amployH i ■ denied a aaal period a ■ da ■cribad llbova and no alternate meal period i ■ provided, the employ■• ■hall be paid an additional one-halt (1/2) th■ employ■■'• regular hourly wage rate tor th■ •i•••d meal period. It i ■ undar ■tood and agreed that mi ■s ■d aeal period■ are a non-grievable item under this contract. ARTICLE 7. BIDDING PROCEDURES FOR SHIFT ASSIGNMENT A, seniority applicable to the ■eniority bid proceH will b• determined in accordance with the total length of continuou ■ employment aa a Police Otticer with the City or Englewood. Prior City eaployment in other than a Police Otticer capacity will not apply toward seniority . Probationary employees will not be included in the bid process. Bidding for watches and Daya Oft B. The ■eniority bid system will be applicable to personnel assigned to the unitorm patrol bureau only, and will not be authorized in any other bureau or special assignment. The unitorm patrol bureau commander will develop and post a schedule prior to each year for a twelve-month period. A patrol officer in the uniform patrol bureau will bid once each year in November for assignments within four (4) three (3) month intervals . There will bs a total of five (5) non-biddable positions which shall consist of one (1) non-biddable position on Watch I and two (2) non-biddable positions on each ot Watches II and III. The bidding process will begin with the most senior Police Office:· bidding the positions of their choice. In the descending order ot' seniority, each remaining Police Officer will have choice of the remaining biddable positions. All specialized positions such as motorcycle ofticer, crime prevention officer, traffic otticer, etc. will not be open to bid. If the motorcycle program i ■ discontinued, the motorcycle positions will become biddable. The specialized aesignments along with any no-bid positions on a watch, will be in addition to the biddable position on each watch. Officers may request non-biddable positions and an attempt will be made to accommodate them, but E~~h positions will be assignsd at the discretion of the uniform patrol bureau commander. -7 - It an employ•• fails to submit a bid in accordance with ·:ha bidding procedure, the employee wi l re linqui ■h the opportunity to bid by ■eniority, and will be as ■ignsd at the di ■cration of th ■ uniform patrol bureau collllllandsr, An employee in an other as ■ignmant, who i ■ raa■■ignad to the uniform patrol bureau will occupy the position vacated by the •~ploy•• they are replacing. If other po■itiona are available, the employee may request aasignment to ■uch position ■, but may onl'( be a ■■igned at the discretion of the patrol divi ■ion oouandar, The officer will then be allowed to bid at the next bid prooa ■■, It i ■ further understood that should a ■chadula chan;a for unforeseen emergency circumstance■ ari ■a, officer■ may b ■ a ■■lgnad by th■ uni ~orm patrol bureau collllllander from one shift to the c ther to handle whatever emergency ■ituation exists during the dur1 .tion of the em■rgency. ARTICLE 8, SPECIAL ASSIGNMENT Effective January 1, 1988, the Department will establ:.sh a written procsss for selection and service including performan:e of employees for special assiqnmentP ~• identified below. The Director of Safety Services will consult with the Association regarding any future change ■ to the selection pro:e ■■• Crime Scene Investigation Motorcycle Officer Special Weapons and Tactics (SWAT) Detective Field Training Officer Ra'1ge Officer Personnel Investigator Traffic Officer Department Armorer DARE Officer ARTICLE 9, LAYOFF Whenever there is lack of work, lack of funds, or •mder conditions where the City detarminea continued work woul:I. be inefficient or nonproductive, the appointing authority 11hall designate the positions in which the layoff is to be made. The order of layoff shall be determined by the city Manag11r on the basis of the quality and length of service provided by the employees in th11 affected areas. Quality of work will includ11 the employee's total employment record. Thia record includes armtal -8 - perfonance evaluation ■, couendation■, di ■ciplinary action■, education, training, eto. Any uployaa ■ who have not yet achieved permanent or regular ■tatu■ or who have l••• than eighteen (18) month■ of full-ti•• uployment with the City ■hall b• laid off fir■t, ragardleH of performance. Permanent eaploye-■ who ar ■ laid off have th• right to be reemployed in their re ■pective cla ■■, in inver■• order of layoff, provided that ■uch recall occur ■ within one (l) year of layoff , The City'■ obligation to rHmploy an employee ■hall be ■ati ■fied if it m ake ■ an offer of aaploymant to an employee within a clas ■ification for which the employee i ■ qualified. In tha avant the employee fail ■ to accept the offered employment, the offer will be deued a■ denied and the employee•■ right ■ with the City ■hall in all re ■pect■· be terminated at ~ha time. In the event the quality and length of service are equal, ■-niority ■hall prevail. An uployae in a iligher rank if la!.~ off may transfer to hi■/h ■r praviou ■ lower rank provided the empi oyee had permanent etatus in the lower rank. An emr,~oya a ■o tran ■f.erred ■hall have tha tir■t right. of rafu ■al to the former high level position tila~ the employ-■ had held, The r ■call list ■hllll terminate after twelve (12) months. EJlployaas ■hall not continua to accrue ■arvic• credit, including ■aniority, or ba eligibl e t or any City banatita during layoff, In tha avant of a lay~ff, affected amployaas will ba given as much advance notice a ■ possible. ARTICLE 10, COMPENSATION A, Ths salary schedule that became affective on May 1, 1990 ia as follows: POLICE OFFICERS MOlmiLI MmlAL Probationary $2189 26,268 Police Officer III 2407 28 ,884 Police Officer II 2648 31 ,776 Police Officer I 2912 34,945 B, Effective January l, 1991 and January l, 1992, employees covered by this contract will receive compensation developed from tha median base monthly salar y tor Police Officer I from the following Denver metropolitan police departments. -9 - Arvada Boulder C011111arca City Lakewood Northglenn Waatminatar Aurora Broomtiald Danvar Littleton Thornton Whaat Ridga Tha matbodology uaad in determining tha median wage rate i• aat torth balow: (l) Tha monthly ■traight tima waga rata axcluc1ing all othar term• or compensation tor Police otticar I rrom aach ot the department ■ li ■tad abova will ba arrang-~ trom highe ■t paid to lowest paid and th• median waga rate will than be determined, (2) onca tha median wag• rata tor Police orricar Ii ■ determined, that rat• will than be used in astabli ■hing th• City or Englewood's waga rate tor Police Otticer I. Pl In order to accurately detar1tine the waga rate■ trom each or the above cited cities, wage data will be cc ,llectad by the City by November l, 1990 and 1991. All wage data collected will be subject to veritication by the Association by November 15, 1990 and 1991. (4) Should a dispute aris e between the City and the Association concerning the accuracy of the wage ■urvay data, the dieputa shall be subject to the grievance procedure contained in thie contract. ease salary For the purposes of determining an employee's base wage, the employee's regular straight time hourly wage rate and longevity shall be used, excluding all other terms or employee compensation. (The above provision shall be used only for the purpose of determining pension benatits under the City and stat11 pension plan.) In order to comply with Fair Labor Standards Act, longevity will be used to determine overtime compensation and calculated at the and of each year. Merit Increase The wage increase provided tor Police Ofticer 4th Class through lat Class shall not bs considered automatic, but rather based upon meritorious service. Said merit increase may be granted or denied t o any individual Police Of!:cer upon recommendation of the Director of Safety Services and with the approval of the City -10 - Ll Manager upon written notice to auch individual Police Otticer. Th• date in which th• merit increa•• i• approved ■hall deter.in• the naw aerit anniveraary date. ARTICLE ll, LONGEVITY COMPENSATION In addition to an employ••'• monthly aalary, t h• eJJployH ■hall be eligible tor longevity compenaation baaed upon th~ nUlllber ot year• ot continuou ■ ■ervice with the City and shall be derived trom th• following achedule, Year• ot &.1.1.'.ll.QL 0-4 5-ll 10-14 15-19 20 or more Amount or compenaation Hon• $12 per month tor $144 per year, except for tho•• ~mployaaa who have not completed 6 tull year ■ ot continuous aarvice on December lot any year, which employee ■ shall receive an amount equal to $12 tor each tull month ot completed continuous Hrvic• after completion of 5 years of continuou ■ aarvica up to December l, $24 par month tor $288 per year , except tor tho•• employees who have not completed ll tull year ■ ot continuous service on December l of any year, which employee ■ shall receive $144 plu ■ an amount equal ot $12 for each full month of completed ~ontinuous service after completion of 10 years of continuoua aervice up to December l, $36 per month for $432 per year, except for thoae employees who have not completed 16 full year• of continuous service on December l of any year, which employee shall rsceive $288 plus an amount squal to $12 for each full month of completed continuous service after com~letion of 15 years ot service up to December l. $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December l of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 yeara of continuous service up to December 1, -11 - ARTICLE .. ~. OVERTIME WORK A. Employee ■ covered by thie Contract ■hall b ■ comp ■n ■at ■d at tl.me and one-half (1 1/2) the employee•■ regular hourly rate of pay tor all a ■■igned hour• worked over and above their regular work ■chedule. B. overtime ■ball not be pyramided, compounded or paid twice tor the ■amfl hour ■ worked. c. The City retain ■ the right to a ■■ign .overtime work to any employ ■• qualified to perform the work. unacheduled overtime Unscheduled overtime is defined as overtime where leas than twenty-four (24) hour ■ notice i ■ given to the officer. overtime will be ottered on a voluntary basis first with the moat senior officers given first choice. If there are no volunteer ■, the least ■enior officer will be required to work the overtime, unle ■a an accommodation can be made a ■ authorized by the employee•■ ■upervisor. This provision will be subject only to the watch going ott duty and the watch coming on duty. ~•1duled overtime Scheduled overtime ia defined as overtime where more than twenty-four (24) hours notice is given to the officer who ia assigned overtime work. Scheduled overtime will be ottered on a seniority bads first with the most senior officer given tirat choice, and the least senior officer required to work the overtime. This overtime is limited to the affected watch only. Compensatory Time Employees who have worked overtime hour ■ may take time ott in lieu of overtime pay up on mutual agreement between the employee and the employee's supervisor. If there is no mutual agreement, the employee shall be paid. Compensatory time ott in lieu of overtime pay shall be taken during the pay period in which it wa ■ earned and shall be paid in accordance with the Fair Labor Standard ■ Act. ARTICLE 13. CALL BACK A. An employee on oft-duty statu ■ who is called back to duty shall be credited with a minimum ot two (2) hours ot pay at the rate of one and one-half (1 1/2) the employee's regul~r hourly wage rate. -12 - B. An employee called back to work during the tirat two (2) hour• prior to the ~tart ot their reqular ahitt ahall be paid at the overtime rate tor ai1 hour• aotually worked up to the •tarting time ot their regular •hitt. c. Should any employee be re,111ired to taatity betore any court or departm•,ntal adminiatrative hearing H a r Hult ot hi•/her otticiul duti•• with the City, the time apent by auch employee in providing auch teatiaony ahall be con■idered to be work time. It auch appearance tor teatimony i• at a time when tha amployea would otharwiae ba ott duty, the ampi.oyae •hall ba paid a• provided undar Section A above. The employee ■hall pay to the city all witn••• t•••• and other companaation paid to the employ•• in conjunction with ao taatitying excluding mileage t•••· An employee who ia called tor witn••• duty ahall pr•••nt to their auparviaor the original ■ummon• or aubpoana trom the court or at the conclu■ion ot auch duty, ahall provide a aigned atatement trom the clerk ot the court, or other evidence indicating th• amount ot time hia/her person waa required. D. When an employee i• aubpoenaed aa a witn••• in private litigation to ta ■tity, not in hie/her otticial capacity but a ■ an individual, the time absent by reaaon• tharaot •hall be taken aa any accrued leave or leave without pay. ARTICLE 14. STANDBY Employees assignsd to standby duty shall be credited with one (1) hour of pay at the overtime rate ot pay tor each twenty-tour (24) hour period, or portion thereot, during which they are on st1mdby. ARTICLE 15. ACTING PAY All acting positions will be compensated at 100, ot the .pay for the position in which he/she is acting as approved by the Director ot Satety Services. The employee must be in the poaition tor a period ot thirty (30) consecutive calendar days betore said employee becomes eligible for acting position compensation. such pay will be retroactive to the tirst day said employee assume• the responsibilities ot the position, -13 - ARTICLE U, UNIFORM CLEANING ALLOlfAIICB A, Th• City ehall turni ■h, or bear th• co ■t ot uniton.a, including leather gear, inaignial", ■h,,.• and clothing, required while on duty, and •b~ll pay all coete ot aaintenance, repair and cleaning thereot. All employH ■ aHigned to the invHtigation bureau for a period ot thirty (30) day ■ or aor• and not required to be in unitor11 during work, ■hall reodv• a aonthly clothing allowance or $60, Th• City ■hall provide th• n•c•••ary cleaning. The employ•• ■hall be re ■pon ■ibl• tor all lo ■t or ■tolen it••• idantiti•d above, or damage to the aue, a ■ a re ■ult ot negligence or deliberate act. !I, Th• City will provide on a replacement bad ■ a high quality bullet proot ve ■t (tlack jacket). Rep l ac .. ant ■hall be mad• one• every tiv• (5) year ■• In th• event ot ■pecialized or cu ■tomizLd veata, th• City will pay th• ■a•• dollar amount tor th• City iHued and authorized ve ■t with the amployH paying th• ditterenc•• in cost. ARTICLE 17. AIIIIUAL LEAVE A, EllployHs hired prior to December 31, 1983, and covered by thi• Contract ahall accumulate annual leave monthly at th• tollowing rate ■. Length ot service 0-9 10-19 20 and above Hours par Month 10 13.33 14,16 Hour• per Year 120 160 170 The maximum accumulation ot annual leave ■hall b• as tollow ■: Length or service 0-9 10-19 20 and above liOJlra 240 320 340 Employees hired January l, 1984, and thereatter ■hall accumulate annua l leave at the tollowing rates . -14 - • Length ot s,rvice 0-4 5-9 10-19 20 and above Hour• per Month 8 10 13.33 14,16 Hour• Per x,ar 96 120 160 170 The maximum accumulation ot annual leave ■hall be a ■ followa: Length ot service HQyn 0-4 192 5-9 240 10-19 320 20 and above 340 B. Annual leave shall not be granted to any employee until attar completion ot twelve (12) month• consecutive ■ervice with the city unless otherwise authorized by the Director ot satety service ■• In order to quality tor annual leave credit during tha month, the employee muat have worked tor at least one-halt (l/2) ot tha working days ot that month excluding authorized paid leave. c. Annual leave ■hall neither ba authorized nor computed tor any purpose atter tha maximum accumulation has been reached. The schedule tor uaa ot annual laava ahall ba determined by the naada ot the department. Annual leave ahall be taken at a time convenient to and approved by tha Director of Sataty service ■, Employee• shall not lose accumulated annual leave after the maximum ha ■ bean reached it the employee has requeated use ot annual leave prior to maximum accumulation, and has been denied use ot annual leave. Annual Leave Pav The rate ot annual leave pay shall be the employee's regular straight time hourly rate of pay tor the employees regular job and charged on a working hour basis, excluding regular days ott, 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 (3) days prior to the start of their annual leave, provided tha employee make ■ a written raqua ■t to their supervisor fifteen (15) calendar day• prior to the &tart of their annual leave • work During Annual Leave If after the employee has begun their annual leave d the City requires the employee to work during the sched·.iled a nnual leave period, the employee shall be compensated as follow■: A, The employee shall be paid for all hours worked at the overtime rate. B, The employee shall not be charged with vacation time for the number of hours worked. llll!a There ,hall be a one-week minimum on use of a nnual leave time, unless oth~-wise authorized by the Director of Safety Services or his/her de~ignated representative. The maximum use of annual leave shall be no greater than the amount accumulated by the employee prior to the starting date of the empl oyee's annual leave request, and in no event shall the annual leav e exceed four (4) consecut ive weeks unless otherwise authorized by the Director of Safety Services. Annual Leave Pay Upon separation Any employee who is separated from the service of the City, i.e., retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation at the employee's regular hourly wage rate. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off . Bidd i ng for Vacatioru. Each officer will bid one vacation, by seniority, for the year's period, January l through December 31, Additional vacation periods will be granted, on a firet requested basis, only after all seniority-bid vacations have been scheduled. The b i dding process for vacations will take place in November as scheduled by the uniform bureau commander after completion of all bidding for watches and days off, Vacations are expected t o be scheduled in good faith by each employee and shall specify the exact dates des i red , -16 - [ [ [ [ , , In the unitor111 patrol bureau, not more than tour (4) otticera per watch will be ■cheduled tor vacation or holiday leave at th• aue tima, unleaa approved by the Director ot satety ServicH, Within the bureau, not more than two (2) otticer ■ will be scheduled tor vacation at any one time unless approved by the Dira ,tor ot satety Services. Vacation within the invaatigatirna and adminiatration divisions will be scheduled by their divi ■ion co111111ander according to aeniority . ARTICLE 18. HOLIDAYS A, All otticar ■ covered by thia C~ntract shall be scheduled tor ten (10) day■ oft with pay at tl.a diacretion ot the Director ot Safety Service• or daaignaa. Scheduling will be dependant on the work load ot the department. Upon mutual agreement ot the amployaa and the Director ot Safety services, a maximum ot five (5) holiday ■ may be caahed out tor pay in liau ot time oft, At the amployaa•a option, one (l) holiday shall be guaranteed to be caahed out tor pay in lieu ot time oft. Ths rate ot pay shall be at the employee's regular hourly wage rate. In the unifor111 patrol bureau, not more than four (4) otticera per watch will ba scheduled for vacation or holiday leave at the same time, unleaa approved by the Director ot Safety Services or dasignee. Holidays will be bid after all vacations havs been bid by seniority with vacations taking precedent over holiday ■, The bid time tor holidays is the same aa vacations according to bid schedule, except that any holidays not scheduled or used by August lot that year may be assigned. It after the employee has begun their holitiay and the City rsquires the employee to work during the scheduled holiday period, ths employee shall be compensated as tollows: 1. The employee shall be paid tor all hours worked at the overt ime rate. 2. The employee shall not be charged with holiday time tor 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 ot the below listed holidays tor any other day in the year he/she is normally schsduled to work. Scheduling will be made with the approval of the Director of satety services or designee . Holidays which may be exchanged are the following: -17 - Washington'■ Birthday Veteran's Day Friday after Thanksgiving Labor Day Memorial Day Christmas Eve or New Year'■ Ev• If a holiday falls on a detective'e regularly scheduled day off, he will be given an alternate day off. This provision shall also apply to police officers regularly assigned to special duty by the Director of Safety services. ARTICLE 19. ADMINISTRATIVE LEAVE Administrative leave with pay may be granted an employee at the discretion of the Director of Safety Services or deaignee. This leave is used when circumstances require in the best interests of the City and/or employee that the employee should temporarily be relieved from duty. ARTICLE 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 United States i n time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged , whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any otiier component of the 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, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he/she is engaged with such organizati on 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 servi ce 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 positi on immediately upon being relieved from such military service and not later than the expiration 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 -18 - I_ C Li r I ..... r \.... u due to hia/her own fault or is required by proper authoriti•• to continue in such military service beyond the time herein limited for auch leave. D, Subject to provi ■ions A, B, and C above, the City ■hall provide full pay to an employee granted military leave, la ■■ whatever wages the employee may have received by the military for such service. ARTICLE 21, FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee'■ family, The number of day ■ granted shall be governed by the circumstances of the case, but in no event shall they exceed ■even (7) calendar days. For the purpose of this section, •employee'■ family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE 22. JURY DUTY Leave may be granted to an employee for serving on jury duty. The employee shall be entitled to the difference between his/her regular compensation and the fees received for jury duty. ARTICLE 23, LEAVES OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees covered by this contract may be granted a leave of absence without pay for reasons of education which ie allied to the duties of the City, settlement of an estate, ch.tld care, serious illness of a member of the employee's family , er other good causes, but shall not be used for the ptJ:-poaa of obtaining employment elsewhere, Leave without pay shall not exceed six (6) months of any year but may be extended for good cause upon request for additional 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 position comparable for which the employee is qualified. Dur i ng periods of unpaid leave, employees shall not continue to a c c rue service credit, or be eligible for any City benefits. -19 - APplication tor Lfav• A request for leave of absence without pay ■hall be ■ubmitted in writing by the amployH t o the Director of Safety Service ■• Th• raquaat shall indicate the rea ■on the leave of absence i ■ being requeated and the approximate langth of leava time requested. consideration or Leave Request ,-. I ,.... I The Director of Safety Services may grant or deny leave r requests, taking into consideration the department'• work force, '- work load and the employee'• request. Failure to Return [ If an employee fails to return by the data of leave expiration, the employee shall be considered to have voluntarily L' ra■igned from the service of the City, unless the appointing authority determines that unusual circumstances exist. ARTICLE 24 . PERSONAL LEAVE Beginning January 1, 1986, all employees covered by thi ■ contract on an eight (8) hour work day shall be granted 48 personal leave hours with pay and those on a ten (10) hour work day shall be granted 50 psrsonal leave hours with pay which an employee is entitled to use for the following purposes: A. B. Time lost as a result of illnesg/injury to the employee or the employee's immediate family. Attend personal business. c. Laisure time. For any employee who ha ■ not used the 48 or 50 personal leave hours ending November JO of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's wage rate to be paid during the month of Decembar of that year. Personal leave time shall not exceed the 48 or 50 hours as de ■ignated above nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and admJ,nisterad under the direction of the Director of Safety Servicaa for personal business and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other parson daaignated by the supervisor at least one (l) hour prior to their scheduled reporting time. -20 - [ L r L r .... [ r .L ARTICLE 25. DISABILITY -TEMPORARY (NON JOB RELATED) Pttinition Temporary di ■ability i ■ leave granted connected injury or illnee ■ of an employee prevent■ the employee trom performing hi ■/her employH. for non-■ervin ■ which di ■ability duti-■ a ■ ■ City January l, 1984, the City agrees to provide temporary disability leave with pay for employees absent as a result of illnaas/injury at the rate of lOOt of the employee's regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accumulative except that on January 1 of each year the City ■hall restore lOOI of the number of days used by an employee during the preceding year up to a maximum or 60 days . For the employees hired after January 1, 1984, and thereafter, and c overed by the terms of this Contract, the City agree ■ to provide said employees temporary disability leave with pay for employees absent as a result of illness/injury as follow■: 0-4 years 5-9 years 10+ years 60 dn.ys 90 d ays 120 day"' For employees hired January 1, 1984, an~ thereafter, temporary disability leave shall not be accumulative except that on January 1 of each year, the City shall restore lOOt of the number of days used by an employee during the preceding year as follows: 0-4 years 5-9 years 10+ years utilization up to a maxi mum of 30 days up to a ma~lmum of 45 days up to a maximum of 60 days A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability. B. Authorization for t emporary disability shall only be granted for the following reasons: 1. Perso.,al illness or injury not service connected, including matP.rnity. -21 - sick Leave option All sick leave accrued by pe rman11nt employees prior to January l, 1980 shall vest with the employee, and may be u ■ad in the tollowing manner: A. Attar the 120 days as described above have bean uaed unle ■■ the employee is entitled tor retirement as a result ot disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement trom the City at the rate of one hours pay for each two hour ■ ot accrued sick leave or one hours pay for each four hours upon separation from the City. c. By cashing in accrued sick leave under the previou ■ plan, once each year at the conve rsion rate ot four (4) hours sick leave for one (l) hour pay, not to exceed a conversion ot more than 400 hours each year. Reporting of Temporary Disability 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 leave will be granted to an employee who fails to notify their supervisor prior to the beginning 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 I s statement of disability, the City shall bear the cost ot such physician's statement. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual rr.ason for requesting temporary disability or when an employee us es t.emporary disability leave tor unauthorized purposes . An employee who makes a false claim tor temporary disability leave shall be subject to disciplinary action, ARTICLE 2 6. ON-THE-JOB INJURY ·· DISABILITY A. For any on-the-job injury which causes any employee 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 from work up to and including the 90th calendar dny ot such -22 - r ,- L 0 absanca, la ■a whatavar ■um ■ racaivad by th• amployaa a ■ di ■ability waga ■ under workman•• compan ■ation. Attar axhauation of tha ninety (90) day ■ it tha amployaa i ■ ■till di ■ablad, ha/■ha can utilize laava under tha provi ■ion ■ of Article 25, Tha City ra ■arva■ tha right to raquira any amployea on injury or di ■ability laava to ■ubmit to an examination(■) by City-appointed physician(■) at tha City•■ axpan ■a or under th• provi ■ion of workman•■ compen ■ation or tha ratiramant/pension provi ■ion ■ a ■ provided under Stata Statute. B, All injuria ■ that occur during working hour■ ■hall ba raportad to the amployaa'■ ■uparvi ■or within 24 hour ■ ot tha injury or before tha amployaa leave· t heir department of employment unle ■■ circumstance■ beyond the control of the employee would not permit. ARTICLE 27 , LIFE INSURANCE Term lite ineurance will be provided by the City tor employees covered by this Contract of $30,000 tor each employea. A conver ■ic;>n privilege upon ratiramant of SOI coverage payable by tha employea will be made available by the city tor ■aid retired employee. ARTICLE 28. DENTAL INSURANCE A, During the term of thi ■ contract, the City will pay eighty-five percent (851) of the premium cost tor dependent and single coverage for dental ineurance and employees will pay fifteen percent (151) of the premium cost for dependent and single coverage for dental insurance. B, The City agrees to continue to provide each employee covere d by this Contract the same level of dental benefit ■ aa provided to them as of January 1, 1980, except the City shall improve said benefits according to industry standards each year and tor tha duration of this Contract. c. Any dispute concerning the intarpretation or application ot 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 the interpretation and application of the City's health and dental insurance program, the following procedures shall be utilized in those instances where an employee feels that their health or dental insurance claim has not been processed or paid in a manner consistent with the city's insurance plan. • 23 - l, It an employ••• teel ■ that his/her health or dental claim ha ■ been incorrectly paid or denied, the employ•• ■hall tir ■t contact and inform the City•■ Benefit Coordinator in the Elllployee Relation ■ Department at City Hall, 2. It th• disputed claim cannot be r-■olved by the Benefit ■ coordinator, the claim will be resubmitted to the insurance administrator tor further rsview and con■ideration. 3, It the claim cannot be re ■olved to the ■ati ■taction ot th• employee by the insurance admini ■trator, th• claim will be forwarded with all pertinent information to the City's insurance consultant tor further review and investigation and who shall attempt to resolve the dispute through information and mediation . 4, Th• written deci ■ion ot City's insurance con ■ultant concerning claim di ■put-■ involving out-ct-pocket expenses to the employee ot $50 or less shall be final. Claim disputes involving out-ct-pocket expense ■ to the employee ot more than $50 unless r e s olved by City•■ insurance consultant to the satisfaction ot the employee shall be forwarded to the Colorado Foundation for Medical Cara for a complete review of the pertinent facts giving rise to the dispute and shall submit to the city a written d ecision which shall be final. The coat for employing the Colorado Foundation for Medical c a re ■hall be paid tor by the City. ARTICLE 29, HEALTH INSURANCE -EMPLOYEES/RETIREES A, During the term of t h is contract, the City will pay eighty-five percent (851) per month tor the premium coat tor dependent and aingl& coverage and the employees will pay fifteen percent (151) of monthly premium coat for dependent and single coverage in any ot the health plans ottered by the City . B. The City agrees to continue to provide to each employee covered by this Contract the same level ot health benefits aa provided to them as of January l, 1980 , except the city shall improve said benefits according to industry standards each year and for the duration of this Contract, c . Any dispute concerning the interpretation or application ot benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It ia expressly understood that this article is a non -grievable item under this C:>ntract .) -24 - "'I I' I,., j l ..J D, In order to promote• better underatanding ot the City•■ procedure tor r-■olving employ•• diaput-■ concerning the interpretation and application ot the City•• health and dental inauranca program, tha tollowing procaduraa •hall be utilized in thoaa inatanca ■ whara an amployaa faala that their health or dental inauranca claim ha• not baen procea ■ad or paid in a aannar conai ■tant with tha City'■ inauranca plan. l, It an amployaa faala that hia/har health or dental claim ha ■ ba•n incorrectly paid or daniad, tha ••ployaa ahall first contact and intorm tha City•■ Banetit coordinator in the Employaa Relation■ Department at City Hall, 2 , If the di ■puted claim cannot be ra ■olved by the Benefit ■ Coordinator, tha claim will be ra ■ubmittad to the insurance adminiatratnr tor further review and conaideration. 3. It the claim cannot be resolved to the ■atiafaction ot th ■ employee by the insurance admini ■trator, tha claim will be torwarded with all pertinent information to the City I s insurance consultant tor turther review and invastigati,,n and who shall attempt to raaolve the dispute through information and mediation. 4. The written decision ot City•■ insurance consultant concerning claim disputes involving out-of-pocket expanses to the employee of $50 or las ■ ■hall be final. Claim disputes involving out-ot-pocket expanse ■ to tha employee of more than $50 unlaa ■ re ■olved by the city•■ insurance con ■ultant to tha satisfaction of the employaa shall be forwarded to tha Colorado Foundation for Medical Cara tot a complete review of the pertinent facte giving rise to th ■ dispute and shall eubmit to tha City a written deciaion which ■hall be final. Tha co ■t for employing the Colorado Foundation for Medical Care shall be paid for by the City. ARTICLE 30 , RETIREMENT BENEFITS A, Retirement benefits shall be provided for a ■ stipulated under state ■tatut.a. In addition, the City ■hall continua to provide tha ■ame level of benefit ■ as provided for in tha Englewood Municipal Coda . -25 - B. hployee contribution• will not b• increaaed above the 51 to employee ■ hired prior to April 8, 1978 and 81 for employee ■ hired after April 8, 1978 contribution level ■ unle ■■ required by ■tat• ■tatute. c. It i ■ understood and agreed by both partie■ that any referral to health in ■urance for retiree ■ or future retir••• i ■ not to be con■trued a ■ a part of thi ■ Contract. The City agree ■ out ■id• thi ■ contract that it will continue to allow retiree ■ and future retire-■ a convereion privilege to the health in ■urance conver■ion plan available through the City. The City also agree ■ to pay 501 of the coat of coverage of the converaion plan or other plan •elected by the retiree up to maximum of $7~.oo par month. ARTICLE 31. RULES AND REGULATIONS Except as limited by the express tarma of thie contract, the City retain ■ the right to promulgate reasonable rule ■, regulation ■, polioie ■, procedures and directives . Said rules, regulations, policiea, and procedures and directives which are an alleged violation of this Contract shall be subject to the grievance procedure. ARTICLE 32. TUITION REFUND Upon recommendation of the Director of Safety Services and after prior approval of the Employee Relations director, the city of Englewood shall reimburse a permanent, full-time police officer upon successful completion of an approved course or courses in education or vocational training at the public institution rate . The course or training must be completed at an accredited college or university, must be related to the work, be designed to improve competence in the job, and be of value to the police officer's service to the City. This shall include all tuition, and required texts . ARTICLE 33. DUES DEDUCTION A. The City agrees to deduct the Association dues once each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. Tt,ia amounts to be deducted shall be certified to the city Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are -26 - made, Th• authorization shall be revocable during the term of the Contract, :1pon a thirty (30) day written notice by the employee to the City Finance Director. B. If no wage ■ are paid an authoriz~d employ ■• on th• la ■t pay p ■riod of a given pay period, deduction for that pay period w..tll be made from any wagH which may be paid to him/her on th• na.:t ■UCCHding final monthly City pay p■riod. It ia axpr ■Hly und■r ■to.)(l that th ■ city a ■aum■■ no liability and shall not b ■ liabl ■ for th■ collection or paym■nt to th• A■■ociation of any duaa during any time that an employ•• i• not actually working tor the City and actually on the payroll of the city. In the event of error on the checkoff li ■t, th• City will not be re ■ponaibla to make adjustment ■, until notified by the Treasurer of the Association. c. The Association ■hall indemnify and hold the City harmlea ■ against any and all clalma, suits, orders, or judgments brought or iaauad against the City as a reault of any action taken or not taken by the city under the proviai.on of thi ■ Article. D. Changes in the duH amount to be deducted ■hall be limited to two (2) changes each year, and provided a thirty (30) day written notice i ■ provided the City Finance Dir ■ctor. E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for that coat of such change or change ■, 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. ARTICLE 34. ASSOCIATION ACTIVITIES The City agrees that during working hours on th• City premi••• and without loss of pay, Association representatives may be allowed to: attend Association-management meetings; attend negotiation seBSions: post Association notices on City designated bulletin boardn; solicit Association memberships during employee's non-work time; and represent employees on grievances and disciplinary matters provided the work load permits as determined by the Director of Safety services or designated representative and requires no overtime pay. ARTICLE 35 . LETTER OF CORRECTIVE ACTION A. oral corrective Action -Whenever grounds for corrective action exicts and the supervisor determines that the incident, action or behavior of the employee is such that more severe action -27 - i• not iuediately necessary, ths ■upervi ■or ahould orally couunicate to the employee the ■up■rvisor•s observation ot the problea and ofter a ■aiatanca in correcting the •ituation, When an oral corrective action i• given, the supervisor should ensure that the employee'• departmental peraonnel tile ia doclllllantad to show the date ot the corrective action and the nature ot the corrective action. The employee should be advi ■ed that the corrective action will be doc\llllantad in the employee'• departmental tile, Exampl e s ot raaaon ■ that may result in an oral corrective action are liatad under Englewood Municipal Code, section 3-lM-4, B, written corrective Action When the auparvi ■or determin•• that a written corrective action i ■ appropriate and necessary, the corrective action shall be addressed to the employee and ■hall include the violation; the apacitic behavior and the dates ot tha behavior (when appropriate) that support the charge; the warning that continuance ot this behavior will result in disciplinary action; and an offer ot assistance in correcting the behavior. A signed copy o! the corrective action by the supervisor shall bs included in tha employee's official p r aonnal tile in the Employee Relations Otti~e, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the tile, Attar a period ot one (l) year from th ■ data of the filing of th ■ written corrective action, the employee's currant and regular supervisor shall review said latter and provide a follow-up latter indicating the ■tatua of the written corrective action . Examples of reasons that may rasult in a written corrective action are listed under Englewood Municipal Code, section 3-lM-4, c. The employee retains the right to request an administrative review of the written corrective action. The Director of Safety Services shall develop this administrative review procedure which shall at a minimum consist of a board with equal representation of command staff to be selected by the Director of Safety Services, and Association members to be selected by the employee. This board shall be advisory to the Diractor 'of Safety Services, and its findings shall be placed in the employee's personnel file, Thia Article shall not be grievabla under this r Contract, If this procedure is not observed, at the request of the Association a ~eating may be held between the Department, the city Manager's office and the Association to address this issue, -28 - ARTICLE 36. DISCIPLINARY ACTION Di ■ciplinary action ■ are tho■• p•r•onnel action ■ admini ■tered again■t an employee tor an otten ■iv• act or poor job performance, which action ■ adver ■ely affect th• current pay, current ■tatu■, or tenure ct th• employ••· l. Disciplinary action penalti•• include ■uapenaion, demotion, and discharge ct an employ••· 2. Disciplinary action may be administered concurrently with corrective action ■• 3. R ■aeone tor disciplinary action are defined undar 3-lM-4 ct the Municipal Code. An employee shall be allowed at his/her discretion one (l) a ■■ociation representative to be present during predi ■ciplinary meetings . Thia provision shall apply only when an employH daair-■ the assistance ct an Association representative and only when th• employee believe ■ that disciplinary action as defined above may be taken against the employee. ARTICLE 37. GRIEVANCE PROCEDURE A grievance is defined as an alleged violation concerning th• interpretation or application ct a 11pecitic provision ct thi ■ Contract. The employee and the A■sociation shall be required to follow the procedure as set out below. ~ It the employee/Association is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within seven (7) calendar days ot tha dat~ ot the occurrence of the grievance, or the employee's knowledge of it, the employee may within the succeeding seven (7) calendar days tile a written grievance with his/her supervisor. The supervisor shall attempt to resolve the matter and shall respond in writing to the employee within 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. ruR-1 It the grievance still remains unresolved, it shall be presented by the employee to the Division Chief in writing within seven (7) calendar days following receipt ct the 11upervia0r 1 ■ response. The Division Chief shall respond in writing within seven (7) calendar days. -29 - ruu It the grievance still remain• unre ■olved, it ■hall b• pr•••nted by th ■ employee to the Director ot satety Service ■ in writing within eeven (7) calendar day ■ following r ■ceipt ot the Divi ■ion Chiet•• responae. Th• Director ot Satety service ■ ■hall respond in writing within seven (7) calendar day ■, ruu It the grievance still remains unresolved, it shall be pre ■ented by the employee to the city Manager in writing within seven (7) calendar days following receipt ot the Director ot Satety Services' response. The City Manager or his/her designated repre ■entative ■hall respond in writing within fourteen (14) calendar day ■, lliLJ If the grievance ia still unresolved, the employee within fourteen (14) calendar days attar the reply of the City Manager of hi ■/har designated rapra ■antative, may by written notice raque ■t the matter be heard by the Board ot Career service commissioners. The Board of career service Commiasionera or ita designated hearing officer shall be requested to iRsue a decision within thirty (30) days attar conclusion of testimony and argument. Each party shall be responsible for compensation to its own repreeantatives and witnassea. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available without charge to the other party and to the Board of career Service Commissioner ■ or its designated hearing officer. Failure by an employee or the Association to comply with any time limitation shall constitute a settlement ot the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond, Authority of Board of career service commissioners The Board of Career Service Commissioners or its designated officer shall have no power to add to or subtract from or change the terms of this contract. The written decision of the Board or its designated hearing officer shall be final and b i nding upon the parties. The Board or its designated hearing officer shall limit its decision strictly to the grievance submitted which has bean properly processed through the grievance procedure outlined. -30 - r L ,_ :1 r u Proc111ing Gri,vanc• During working Hour ■ Grievance ■ may be inve ■tigated and prcc••••d by th• employ•• and on• (1) on-duty a ■■ociation repre ■entativ• at the employ••'• requeet during working hour ■ within rea■onabl• time limit■ without lo ■■ or pay provided notice i ■ given and th• work load permite. ARTICLE 38. EXCLUSIVENES S OF CONTRACT Th• City and the A ■■ociation agree that the term• and provi ■ion ■ herein contained con ■titute the entl.n Contract between the partie ■ and ■uper ■•d• all previou■ communicetion■, representative ■ or agreement ■, either verbal or written, between the partie ■ with re ■pect to the ■ubject matter herein. Th• City and the A■sociation agree that all negotiable item■ have been di ■cu■■ed durinc:,r the negotiations leading to thi ■ contract and, therefore, agree that negotiation ■ will not be r ■opened on any itu during th• life or thi ■ Contract except by mutual agreement of the partia ■• IN WITNESS WHEREOF, the partie ■ have cau ■e d thi ■ Contract to be ■igned by their re ■pective represent~iVH,4ll~their ■ignature ■ placed thereon, on thi ■ £-day of ~':!7-~~--==-~---• 1990, at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD POLICE BENEFIT ASSOCIATION I I.: u LEITER OF AGREEMENT December 5, 1990 This Letter of Agreement is hereby entered into between the City of Englewood and the Englewood Police Benefit Association for the term of the 1991-92 contract. ARTICLE 18. HOLIDAYS A Effective January I, 1991, with implementation of the eight-hour shift srhedule, all patrol officers covered by this Contract shall be scheduled for 96 lnou rs (12 days) of holiday leave. Scheduling will be dependent on the work load of the department. A maximum of forty-eight (48) hours (6 days) of hoHcl ay.i may be ca shed out for pay in lieu of time off as designated by the employee. The rate of pay shall be al: the employee's regular hourly wage rate. · This change will be effective for the duration of the contract, 1991 -92 . This Letter of Agreement will be attached to , and made a part of, the contract. All other items in Section A will remain as in the contract. CITY OF ENGLEWOOD ~~~--- Randie L. Barthlome, Director of Administrative Services Dated this 0 4 'day of December, 1990. ENGLEWOOD POUCE BENEFIT ASSOCIATION ~:.