HomeMy WebLinkAbout1985 Resolution No. 045I
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P.f !,OL UTT UH HO.::f.S--__
S[P.I [S or 1 '.)05
fl R[SOL UTl OH APPROVING n COLL[C IIU[ OHRGnIHIHG RGR[[M[Hf UY RHO
B[TU[I.H 111 [ CllV or EHG L[UOIIO. CO LORl100. RHO TH [ [HGL[UUOU POLICE
UCHffll 11 $SOCIAIIUH. crrccrI U[ JllHUHRV 1 . 1906 lllRUUGII O[C[MB[R
3 1 . 198"/.
Ull [R[A!i. a n uurccMcn l d o led Ot: loll er-I IJ05 • by a nd
bclwc cn lhc C1 ·ly o1 [n g l c u ood anU lhc Cnulcwuod Pulice Ocnef1.l
R:;5oc 1ul.11m hus bc,:n exc1:ul.ctl by r c.p rc:;cn l.,!ltiue:; ur each of s a1d
pa1 · l1 e r.. w uJ
Wll[R[l1 S . ~aid l cnto l1 vc ogrccn c nl. w.:1 0, duly r-uli fied
bv il nuJori.l y uf the n cnbe.r s of th e [ny l c wo ui.J Police Benefit
n s5oc1~l1un, a nd
Ull[R[ll~. !j c c l.J. or1 3 -S -(,(d) .:,3 a n cndt!1.I. rcQ u i re _j
l h c:1t lhc o,vccncn l Lie .t1 pproucd a nd r olJficr1 by lh e C.il y Coui 1.-:i l .
HOU. fll[RffOR[. OC IT ~[!,OLUCU BY TI I[ CITY CU UII CI L
or I fj ( Cl IV or (Hl,L[UO OO. C:OLOR llO O:
~J.J-ill..L-1 · Tha l lhc a u rccn cnl J ul 1~U Oc lulu:?r. 19 0 5. t.,y a nt.!
between the C1 l y o f [nglcuood . Co l or .. 1U o. unU E11 ulcuuoc..J Pol ice
Uc ncfi l Os:;ociu ll on~ c ffc ct.1 u c Jonuory 1 . 190(, lhnwuh llec c MU cr
3 1 ,. 1907, u copy of uhj i;h 1 ~ at.!uc:h c d here lo ,:in d n ae.Ji: a pi:irt
l 1crcuf. Uc J ntJ lh c :jUM C 1 ~• h1 !fd.lt1 .:,pprovcd.
~~f..J._ rhul lhc Mavur of lh c Cl t y of [nylcL.100J 1 G lu.:r-cby
Jl 1lhu r 1 .:ell ,_ind tJ.1.r c c l c,I lo CKL'C \J l c ll11! ..:1.l l l L!C l ivf.: L1<.Jr"gotn.1ny
aurcc,.1cnl l.J c lw :.:c 11 lhc C1 ly of [11y1cu uu d o nJ [n ylcuuo t.J l'uUl:C
ll t:n1::fl l 11 ::;s uci,:illon tlul c t.J Oc l ollcr, I YO ~i , untJ LIie O.Ln!1.:l o1 · u f
r,non cc, c>1 uffl c10 C1ly Clcdt-l r-cu~w1cr, ~h ull u llc::;t. lhc ~aMc.
.~~r. 011 ...:.L. l h .:1l Liu: Hayur or UH! C.1.ty or Cnul c uuod L::i h ere by
irnt.h or1 zc d ,irul d 1rcc lf.:J lo c·Kcc:ul c th1· \'JU(, -I IJU7 co n lr.:ic l
l.u·lut!CII U11 · Ct Ly o f [11 ulcu ucirJ .-11HI lli c [111Jl1.:uno1t Pol.ice ll e ncfi l
fh :,~c 1ol1u1 dJtcd U11 : _th t.Jav of __ , 19U r, 011d lhc Oircclor of
f1n.:mcc, c , uf f 1 c 1 0 C.1 Ly l:l 1!rlt -lre.-J:;111·cr , :..hnll fJ l lc:;l th s a n e.
1 n l r 1.Hlrn::c J . "co11I 111 full • .::mt.I p .. i:.,~c ll un f .1 r:.. l
t 1•,1d 1 n!J un lhc _duy u r Huvr:nhc1~. 1 !)It~,.
IJul>l1 !">il c d ti& ~i!~n l11l 11111 Mu. ____ , Sc rll'!'. uf 19H!,.
011 I I w ____ d .:.iy u f Huv en Uc 1 • 1 IJII~,.
P.:m c 1 1,.10
~C !iO 1 uU on
190 !:i .
ATT[~T:
flDO PTEO AHO APPPOUED thi 3-t.ilid,,y or[d:r)/l'!.1))1,&iev.
I . Gar y R. H19b cc ex of f icio Ci ty Clerk -Tr caa urcr
o f lh c C1t.y o f [nul c l-l ood . Colcu-atlo . h ere by ce r tify tha t t he a bove
u ,uJ forcgo 1 no 1 ~ ,, lr u c. acc urate .. cJnd c oMplcl c co py uf u
Rcaolul.io n Ho . ::</5 . Seri e r, of 190G.
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CONTAACT Bl:m<"EEN THE
CITY OF ENGLEW'.XJO
AND '11-IE
ENGLEW'.XJO POLICE BEN EF IT ASSOCIATION
Thi s contract entered into by the City of Englewood, COlo rado and the
Englewood Police Benefit ASsociation has as its purpose the prarotion of
harmonious r e la tions betwee n t he City of Eng lewood and its ~loyees, a fair
arxl peaceful procedure for t he r esoluti on of differ ences; the establishnent
of rates of pay and hours of work, and o t her conditions of arplo;,nent.
Except where limited by e xpress provisions e lsewher e in th is contract,
noth incJ in t h is contract s hall be cons t rued to r estr ict , limit or impai r t he
r igh ts , powers and authority o f the City as granted to it by constitutional
pr ovis i on , s tatute , ordinance , char ter or spec i al act, the exclusive pc,w-er ,
duty and rights t o ;
A. Dete rmi ne the overa ll mission of the City as a unit of governncnt,
B. To ma intain a nd improve the e fficie ncy and effectiveness of City
operations.
c . To determine the services to be rende r ed , the operations to be
performed , the technology to be ut ilized , or the matters to be budg e ted .
o . To det e rmi ne the overall methods, processes , mea ns, job classifica-
ti ons or pe r sonn e l by wh i ch City o perations are t o be conducted .
E. To d i rect , s upervise , hire , pre.mote , t ransfe r , assign , schedule ,
r e tain or l ay-off arpl oy ces .
F . To su spend , d isci pl i ne , d i scha rg e , and dauot e fo r cause , all full-
time perma nent cla ssi fied employ ees .
G. To re lieve errpl oyees f ran d uti es because o f lack of work or funds ,
o r und e r c ondi tions wh ere the City de t e rroines continued work would be
inef fi c i e nt or nonproductive.
Ii. To take whatever othe r ac tio ns may be necess a r y to carry out the
wishes of the public not otherw i s e specified herein or limited by a
collective barc3a ining ag r eanenl·.
1 . T'> t ake a ny and all act ions t o ca rry out the mis s i on of the City in
ca ses of energe ncy .
J . Nothing contained he r e in shall preclude the Ci cy fran confe rring
with its arpl oyees fo r purposes o [ develop ing po licies t o ef fectua t e or
imp l ene nt a ny o[ t he abo·,e enume r ated right: .
P ,g e 2
l\\!TICT,E l. DURATION OF AGREEMENT
ll.. '11lis agreenent s hall take ef fect on Janua ry l, 1 98 ~ a nd shall continue
in force t o and including Decanber 31, 1987, with the exception of a wage re-
oi:,s,ner for 19 87. Negotiations for the wa ge re-opene r for 19 87 ehall cam-ence on
or ba~::rP. Ma:_, 15 , 1986 a nd conclude on or before July l, 198 •
6 . This Contract , o r a ny part o f it , may be term '--.a ted or renegot ia o:xl a t
any time by mutual consent of both partie s .
c. I f a ny a r t i c l e or section of this Contra ct should be held invalid
by operation of l aw o r the Di s trict Court, or if carpliance with or e nforcanent
of any a rticle o r s ection shoul d be r es tra ined by s uch Di strict Court, ~.he
ranai nde r of t hi s Co ntract s ha ll not be affected thereby and this Contra,:t
s hall r011a in in l'ull fo rce and e ffect , a nd the parties shall prooptly m<',i t ;,'<'I
confer for the purpose of attffi\)ting to arrive at a rutually satisfactorry
replacenent f or s uch a rticle or section .
D. The parties agree and understand that prov isions relating t o er()loyees
covered by t his Contract sha ll in no way displace o r modify present or futt:re
statutory or case law of the State of Colorado.
E. The parties acknowledge that during negotiations which resulted in this
Cont r act, each had the unlimited right a nd opportunity to make danands and
propos a l s with r espec t to a ny s ubject or matter a ppropriate for ~t and confer
di scuss ions a nd t hat the und e rst a ndi ngs and agreenents arrived a t by tr:,! i:-ar t les
after this exe r cise of tha t right and opportuni t y are set forth i n this Co ntract.
l\R'r ICLr; 2 . RIXOGN!'l'!O N
The City r ecog n ize s the Englewood Police Bene f it l\ssociation as the "'I>loyee
o rgani zation cer t ified by the career Se rvice IJOa rd of the City of Eng le.,• ~1 as
the exclus i ve represent at i ve for swo rn Police al\)l oyees wi thin the Eollo ,1 0 3
barg a in ing uni t:
Included : /Ill fu ll-time , classified swo rn police o[f:icer s bel ow the r a nk of
Se rgeant of the Ci ty Police Departmc,nt.
Excluded: 1111 others as determined by the ca r eer Service IJOar d .
/I R'l'ICLE 3. Ei"l'LOYEE RIGlfrS
I\ full-time c l ass i fied ~loyee who is not a confidential er,;>loyee , a
managerial 6\\)loyee , or a s uper v i s o r shall have the right:
A. •ro form , jo in, nuppo rt or participate i n, o r to refrain fran formi ng ,
joining , s upporting , or participating in a ny Cll{l l oycc o rga nization or its
lawf:ul activities.
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u . Bargain collectively througt. their certified aiployee representative .
C. No lllf{lloyee shall be inter.ferred with , restrained, coerced or
discriminated against becaus,;, of the exercise of tilese rights nor shall
the right of an individual f"l't>loyee to discuss lllf{ll oyme nt concerns with
the City be infringed upon .
II RT ICLE 4 , HOURS OF w:JRK
The Police Departrocnt shall observe of[ice and working hours necessary
for the efficient transact ion of their r espe, t ive services.
ll. work Schedules
ll work weckis a regular recurring ;:,e riod of 168 hours in the form of
seven consecutive 24-hour periods. The work week need not be the same as
the calendar week. ,.'h e wo r < week may begin on any day of the week and any
hour of the day and n"'1 no c be the same for all atployees .
B. work Schedule
l. The wor,. schedde for officers azsigned to the uniform patrol bureau,
including rcll call and meal periods , shall consist o f fi ve (5) eigh t (8 )
hour a nd tif teen (15) minute work days; fou r (4) ten (10) hour and
fifteen (15) minute work days; or othet work schedule as determined by
the Chi e f of police.
2. Th e work schedule for officers ass igned to the investigat i ons
bureau or other spec i al assignment , includ ing meal periods , shall
consist of five (5) eight arxl one-half (8 1/2) hour wo rk days or
othe r work s chedules as determined by the Chi ef of Police .
C. Changing work schedules
Th e work scheduie may be changed by the Chief of Police provided a mi nil11.llll
five (5) days ad vance notice is given. work schedules may be changed without
adva nce not ice i n the case of eme r gencies as determi ned by the Chief of Police .
D. Mea l Periods -Patrol Offi cer s
Of f i cers assi gned to the uni form patrol bureau s hall be allowed a paid
meal period o[ for ty-f ive (45) minutes each full work day . The meal period
s hall be author ized arxl controlled by the a,,ployee 's s upervisor.
E , Meal Pe r i cx:1s -Detectives
oITiccrs assig ned to the investigat i on bur ea u or o th e r spec ial assignrrent
shall be g r ant ed a paid meal per iod of thirty (30) mi nu tes for each full work
day . The meal period sha ll be authorized a nd controll j by the erployee's
supervisor .
F . Res t Pe riods
Errployecsshall be granted a paid rest period not to exceed fifteen (15)
minutes du r ing approximately the first one-half of the lllf{lloyees reg ular
wo r k day arxl a n addit iona l [i fteen (1 5) minute res t break approximatel y
in the second one -half ot t he work day. Rest periods sha ll be authorized
and controlled by the 01\)loycc ' s s upervisor.
G. Missed Mea l Pe riod -lldditional Co"\'e nsation
If an 13ll?loyee 1s denied a meal penod as described above and no alte rna1
meal period is provided , the (3!\)loy ee sha ll be paid an add itional one-half
(1/2) the arployee 's regular hourly wage rate for the missed mea l period . It
is und erstood and agreed t hat missed meal periods are a non-gr ievable item
unde r this Go n t ract .
IIRTICLE 5 . LI\YOFF I
Wh enever the r e is lack of work , lack of fund s , or under conditions whre
the City dete rmines continued work woul d be i neffi cient or nonproduct i •c , the
appointi ng a uthority s ha ll desig nate the positions in which the layo(. 1 s to
be made .
The order of l ayoff s hall be de t e rm ined by the City Munag e r on the ;,asis of
t h e qua lity and l e ng th of servicce prov ided by 011ploy ees in the affected areas. Any
01\)l oyees wh o have no t yet achi eved permanent or regul.J r statvR or who 1,~£-less
than e ighteen (18) months o[ full -time arployment with th, ty shall be l~id off
first , r e<)ard l ess of pe rformance . ?ennanent (3!\)loyees whu .,.e laid off have the
righ t to be reanployed in the ir r espect ive class in inve rse urder of layoff, pro-
vided t hat s uch r eca ll occurs within one (1) year of layofL The City's obligation
to ree,-ploy an aiyloyee s hall be sat isf ied if it makes an offe r of etployment to
:i n anployee within a class ification for which t:l ,e a,ployee is qualified , In the
event the c,rployce fails t o accept t he offer ed a,ployment , the offer will be deared
as denied and the a,ployee's rights wi th the City sha ll in a ll respects be terminat · ·
at tha t time . Jn the event Lhat quali ty and l eng th o[ ser v i ce are equal, seniorit:
s hall preva il. l\ny 01,p loyee in a highe r r a nk if l a id of f may transfer to his
previous l owe r rank provided the aTIPloyee had pe rmanent status in tne lower rank .
Any employee so transferred shall have the fi rst right of re [usa l to the forme r
highe r l evel posit i on that the a,,ployee had he ld. The recall list shall terminate
a[t e r twelve (12) months .
En{-)loyec H sha l l no t conti:,ue to accrue serv ice credi ~, including seniority ,
or be elig ible fo r any City bene[its d1,ring l ay off.
II RTICLE €. OVElrr!ME v.0111<
II . 01,ployees cove red by thi s Contract sha ll be carpensated at time and
one half (l ½) the a nployees regular hourly rate o[ pay [or all assigned hours
wo rked over and above the ir regu l a r work schedule .
B. overtime s\1a ll not be pyramided , car(lounded o r pa id t. ice for the same
hours worked .
c . 1'he City re tains the Li<Jht to ass i gn overtime work to a ny att>loyee
qua lified to pe r fo rm the wo r k . Overtime work will nonnally be offered on .l
voluntary bas i s first. I[ t he r equired nunber of a,,ploy<X's r,ecessary to per fo rm
the overtime wo r k can no t be found, erpl oyees sha ll be ass iynd and obligated to
work the overt ime .
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ARTICLE 7 • COMPENSATION
Effective January 1, 1986 and cons istent with the City'R pay roll periods,
errployees cove red by this contract shall be pa i d according to the following salary
s chedule.
Probati onary
Pol ice Officer I II
Police Officer II
Police Officer I
Monthly
$1,820
2 ,054
2,258
2,600
$21,840
24,648
2'1,096
31 ,20'1
ARTICL E 8 • CIILL BACK
A. An a,ployee on of f -duty status who is called bi'ck to duty s hall be
c r ed ited with a mi nim.Jill of two (2) hours of pay at the ra t e o f one and one-half
(1 1/2) the arployee 's r egular hourly wage rate .
B. An a,ployee called back to worl< during the first two (2) hours prior
to the s t a rt o f their regular s hift shall lJe paid at the overtime r a te for all
hours ac tually worked up to the start i ng time of th-air regular shift.
ARTICLE 9. STI\NDBY
E)rp l oyees assigned to standby duty for seven (7) consecutive days s hall be
cred i ted with twe lve (12) hours of pay a t the a,ployee's overtime rate of pay.
ART ICLE 10. LONGEVITY COMPENSATION
In addition to an arployees mo nt h ly salary , the a,ployee shall be e i.i-,ible
for longevity compe nsation based upon t he number of years of continuous service
with t he Ci ty and s ha ll be de rived f ran the following schedule .
Years of
Se r vice Amount of Corrpe nsation
0-4 None
5-9
10-14
$12 pe r month f:or $144 per yea r, exce pt for those errployees who have
1,, ,. carpleted G f ull years o f continuous service on December 1 of any
yea r , 1h ich Employees s ha ll r ece ive an amount equa l to $1 2 for each
Eu l l month o f comp l eted cont inuou s ser vice af t e r compl e tion of 5 years
o f co nti nuous s e rv i ce up to Decenbe r l.
$2 4 per month for $288 per year, exce pt for those attJloyees who have
not comp leted 11 Eull years of continuous service on Decanber 1 of any
yea r , which enp l oyees shall r ece ive $144 plus an amount equal to $12
for each full month o f comp l e ted continuous s ervice a fte r completion
o f 10 years o f con ti nuo us service up t o Decembe r 1.
Ycar:1 of
Se rvice AmOunt of Conpensation
15-19
20 or
more
$36 per month for $432 per yea r , except for those erployees who have
not carple ted 16 full years of continuous service on Deca-nber l o f any
year , which erployee shall r ece i ve $28 8 plus a n amount equal to $12 for
each full month of carpleted continuous service aft e r carple~ion of
15 years of service up t o December l.
$48 per month for $576 per year , exce pt fo r these arployees who have
not carpleted 21 full years of continuous service on December l of any
year , whi c h anployce shall rece i ve $432 plus an amount equal to $12 for
each full month of canpleted continuous service after carpletion of 20
years of cont inu ous service up to December 1.
ARTICLE 11 . PROll/\T!ONIIRY EM'LOYEES
/1, 'l'!i e pr obationary period for a ll newly appointed Po lice erployees s hall
not be less than twe l ve (12) months f rom the date of hire . After carpl e tion of
t he probationary period , the erployee s ha ll be e ligible f o r permanent status .
D. A promoted erpl oyce covered by this Co nt ract shall serve a twe l ve
(12) mo nth probat i onary per iod i n a new position . After carpl etion of s i x
(6) months in the new [Xlsit i on, the Ch i ef at hi s d iscretion may recanrend
permanent sta•,us to the appointing authority . Should the appoi nting autho r ity
approve permanent status for the ar,p loyee at the e xpiration of the probationary
period , the erployee sha ll be consider ed to have permanent status .
c . Any perma nent ar,ployee covered by t hi s Contract u[Xln being promoted
to a new pos i t i on in the Career Se r vice System s ha ll have probat iona r y status
as set out above in a ny position to which he wa s promoted , but shall r e tain
permanent s t atus in his previous c l assifica t ion and may voluntari ly transfer
back to t he prev ious position at any t ime , or be returned to that position by
the appointing authority during the probationary period.
o. &nployces re hired as provided under the provisions of t he City 's admi n-
istrative procedu r es with l ess than one (l) year of se(Xlralion f rom the City
shall be subject to a probationary pe r iod. '!'he department head with the a pproval
of the appointing author i ty may modify or waive the probationary period .
ARTICLE 12. ANNUAL LEAVE
fl . Elr{lloyees hired prior to December 31 , 1983 and covered by this agree-
ment shall accunulute an nu al l eave monthly Jt the following rates .
Le ngth
of Se rvice
0-9
10 a nd abo ve
I lours
per Month
10
13.33
Hours
per Yea r
120
160
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The maxi11JJ1TI accunu l ation of annual l euve shall be as follows :
Length of Service
0-9
10 and above
Hour s
240
320
Ell'ploy ee~ 111<~\l .January 1, 1984 and thereafter shall acCUTiulate annual l eave
at the following rates ,
Length tt nurs Hours
of Service per Mo nth per Year
0-4 8 96
5-9 10 120
10 and above 13,33 160
The maxiirum accunulat ion of annua l l e ave s hall be a~ fol lows:
Length of Se rvice
0-4
5-9
10 and above
Hours
192
240
320
B. Annual leave shall not be g ranted to any Elll?loyee until after COO'l?letion
of twe lve (12) month s consecut ive service with the City unless othe rwise authorized
by the Chi e f. In orde r to qu a lify for annua l l eave credit during the roonth,
the employee nust have worked for at least on e-half (1 /2) of t,e working days at
that month excluding authorized paid l eave .
C. Annu al l eave sha ll neither be authorized nor COO'l?Uted for any p.irpose
after the maximum acCUTiulation has been r eached . The schedule for use of annual
l eave s hall be de termined by the needs of the department. Annual l eave shall re
taken at a time convenient t o and a proved by the Police Chief. Enq;>loyees
shall not lose accumu lated annu a l l eave after the maxilll.l1l has been reached if
the Em[Jl oyee has req ueste,J use o ( annual l eave prior to maxinun accunulat ion,
and has been denied use of ann ua l l eave .
l\nnual Leave Pay
Th e r a t e o f annual l ean pay shall be the arployees r egu lar straight time
hourly rate of pay fo r the arployees r egula r job and charged on a working hour
basi s , e xcluding r eg ular days off. Annu a l l eave shall be a llowed only to the
total hourly amount acCUTiul ated a t the beginning of the l eave , as verified by
t he Pol i ce Ch ie f. Errp loyees may r ece i ve thci r a nnual l eave pay no earlier than
three (3) days pri or t o the s t a r t of thei r annu a l l eave , provided the Elll?loyee
makes a writ t en request to their superv i sor [ i ft een (15) c a lendar days prior to
the start o f the ir annual l eave .
work During Annu al Leave
If 3 fte r the employee has begun t he ir annual l eave and the City requires the
emp l oy ee to work during the scheduled annual l eave pe riod, the 01ployee shall be
ca,vensated as fo llows:
?age 8
A. The arployee shall be pa id for all hours worked at the overtime rate.
B. The enployee s hall not be charged with vacation time for tt.~ nllll ber
of ho urs worked.
Mi nimun Usage
Ther e shall be a one-week min il!U11 on use of ann ual l eave time, unless
otherwi se authorized by the Police Chief or his des igna t ed representative .
Annual Leave ray Upon Separat i on
Any Ol{lloyee wh o is s eparated from the s e rvice of the City , i.e . r e tirement,
t e t.nination or layoff , sha ll be carpensat ed for the unused annual l eave time
ilCC\Jllulated at the time of separation at the e,rployee ' s r eg ular hou r l y wage rate .
In t he case of voluntary s e paration , t he e,rployee sha ll be requ ired to give
two (2) we eks notice t o the City .
HOW Charged
Annual leave for arployees s ha ll be charged on a working hour basis excluding
regular days off.
AR"rICLE 13 . PEllSONAL LEAVE
Beg inning J a nu a r y 1, 1986 , a ll rn,ployees covered by t his agreemen t on an
e ight (8) hou r work day shall be granted 48 persona l l eave ho ur s with pay and those
on a t e n (10) h o ur work day sha ll be granted 50 personal l eave hou rs with pay
which an employee i s e ntitled to use for the following purposes:
A. Time lost as a r es ult of illness/injury to the esnpl oyee or the 0T{lloyee' s
inrnedia t e family.
B. Atte nd per son~l busine s G.
C . Leisur e time .
For a ny emp!uyee who has not us ed the 48 or 50 per sona l l <eave ho urs e nding
November 30 of each yea r or a ny po rti on there of the City wi ll compensate said
employee for the unu sed time at the employee 's regular wag e rate to be paid during
the mo nth o [ Decenbe r o [ that yea r. Pe r sonal leave time s ha ll not ex ceed the
48 o r 50 hou rs as designated a bove nor s hall i t be acc\Jllul ct:ed or c a ,ried over
from one ye ar t o t he ne xt . Pe r sonal l e ave sha ll be scheduled and admi nistered
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und e r the dire ction of t he Police Chief for per s onal busine ss and kisure time . I
In t he event o f illness/i njury in which personal l eave is requested , the EJll)loy ee
shall notify the ir su pervisor or other person designated by the supe rvisor at
leas t one (1) h our priur to the i r schedulc,cl r e portin<J t ime .
ART ICLE 14. D!Sll[l!L!TY -TEMPORARY (NON JOB RELATED)
De fi n i t ion
TOTipora r y di s ability i s l eave granted [or non-ser v i ce connecte I injury or
i llne s s of an empl oyee which di sab i li t y pre ve nts the empl oyee f r om >e rforming
his/h e r dul:i e.:; as a City rnl)loyce .
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J anua r y 1, 1984, the City agrees t o provide tenporary disability leave with
pay for aiployees absent as a r esult of Illness/injury at the rate of 100\ of
the aiployee's r egular wage up t 120 cal .ndar days of disability.
Taipor a ry dis ability leave shal not oo aCCU1>Jlative except that on January l
of each year the City shall restore 100\ o f the m.rnber of days used by an aiployee
d uri ng t he preceed ing yea r up to a maxi !TlllTI o f 60 d ays.
Fo r t he aiployees hired a fter January 1 , 1984, and thereafter, and covered by
the t e rms of thi s ag r eenent, the Ci ty agr ee to provide sa i d aiployees tenporary
d i sability l eave wi th pay fo r arp oyees absent as a r e su l t o f illness/injury as
follows :
0-4 year s
5-9 yea rs
10+ year s
60 day s
90 days
120 days
Fo r c ,1 l oyees hired after January 1, 1984, and thereaf t e r, t enpora ry dis-
ability leave s ha ll no t be accunula tive e xcept that on Janua ry l o f each year
the City s hall restor e 100% of t he m.rnber of ddy s used by an arpl oyee during
the preceeding yea r as fo llows:
Ut i 1 i zat i on
0-4 years
5-9 years
10'-year s
up to a maxilll.ltl o f 30 days
up t o a :na x inun o f 4 5 days
up to a maxim.in o f 60 days
A, ~ut:ho r izat i on for taiporary disabili ty l eave with pay sha ll only be
granted a i: .. ,~ t he first day of d isability .
B. Au t horiza t ion fo r t aiporary d i sabili ty s hall only be gra nted for the
f o llowing re asons :
l. Persona l illness or i njury not ser vice connected , inc luding mate rni ty .
Sick Leave Opt ion
All s ick l eave accrued by permane nt arployees prior t o J anua r y 1, 1980
shall vest with t he arpl oyee , and may be used in the fo llow i ng ma nne r :
A. After the 120 days as descr ibed above have been used unless t he
€11\)loyee i s e ntit led fo r r e tirarent as a r e s ult of disabili t y .
IJ, Dy cashing i n all accrued s i ck leave accu nulated unde r t he prev i ous
plan upon norma l or di sability re t i rement f rom t he Ci ty at the rat e of
one hour s pay for each two hours of accru ed s i ck l eave or one hour s pay
fo r each four hours upon separation f rom the Ci ty .
c. By cash i ng in accrued s ick l eave unde r t he prev i ous pl a n, once each
yea r at t he convets i on rate of four (4) hours sick l eave for one (1) hour
pay , not to e xceed a conversion of mo re than 400 '1o urs e.ach yea r.
Reporting of Tarpornry Oisabi li ty
The arployee or a nanber of the arployee's household shall notify the arployee ·.
s upervisor at least 30 minu tes ptlor to the arployee' s scheduled reporting time .
No terpornry disability leave will be g ranted to an arployee who fails to notify
their s upervi or p rior to ch e beginning o f the erpl oyee's wo rk schedule unless
circunstances beyond the control of the atployee would no t peanit.
Vc<ification of Disability
If the Police Chief r equires a phys i cian 's s t a tanent of disability , the
City shall bear the cost of such physician 's statE!llent.
Abu se of Tenpornry r i subi li ty
Abu se o ( tarpornry disability occurs when an arployee misL ~oresents the
actual r eason for r equest i ng tE!lpotary disability or when an arployee uses
tarpornry disabi lity l eave for unauthodzed purposes . An arployee who makes
a fals e claim fo r terpornry d i sability l eave shall be subjec to disciplina<y
action .
ARTIC LE 15 . ON-TH&-JOD INJURY -DISI\DH,l'l'Y
11. For any on-the-job injury which causes any employee t o be absent Etan
work as a r esult of such injury , the r:ity s he ll pay to such aiployce his full wag es
from the first day of his absence fran wor.k up to and includi ng the 90th calendar
day of s uch absence , less what ever s un s r eceived by the G11[)loyee as disability
wa C'Jes under workm e n's c1 .1rpensa tion . 'rh e Ci ty r eserves th e right to r equire any
c.mp loyee on inj ury o r disab ility l eave to s ubmit to an e xamination(s) by City-
appointed phy s ici an(s ) at the City 's expense or unde r ~he p rov ision of workmen's
compe nsat ion or t he r etirement/pension prov isions as t>rovided unde r State Statute.
B. All i nj uries that occur du ring working hou r s shall be reported to the
auployee 's Sllpervisor wi thin 24 hours of t he injury or before the arployee leaves
th~ i r depa rtment o~ arp1 oyment unless ci rcurista nces beyond the control of t he
anployec would not permit.
IIRTJCLE 16 . LlfE JMSURIINCE
·rean li fe i nsura nce will be provided by the City for arployees cov<:Led by
thi s Co ntract of $30 ,000 fo r each 0111..;oyee . II c onv e r sion privilege upon r etire-
me nt of 50% coverage payuble by the enp loyee wi 11 be nud e available by the City
C o r su id r e tired employ ee .
IIHTICLE 17. DENTAL INSURANCE
A. During the life of t his ag reerent , the City sha ll pay $30 .14 tow a rd the
pronill1l c ost for dependenl coverage and $9. 76 for sincJle coverage for the City
Dental Jns u ranc.e Plun or othe r plun selected by the Ci ty as a s ubs t itu t e for the
C1 ty ll ea l t h Plan fo r each s ingle a nd der..end e nt policyholder. The City and the
anp l oyecs agree to shar e equally all docune nted pr011iun rate increases d uring
the l i(e of thi s ag reenent.
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B. The City agrees to conti~ue to provide each atl)l oyee covered by this
Contract the same level of dental benefits as provided to them as of January l,
1980, except the City shall inprove said benefits according to industry
standards each year and for the duration of this Contract.
C . My dis(>Jte concerning the interpretation or aP9J.i ~ation of benefits
under the Dental Plan shall be subject to the dis(>Jte resolution procedure only,
(It is expressly und erstood that this Article is a non--9rievable item under
th is Contract.)
D, In order to pranote a better under s tanding of the City's procedurl
for resolving atl)loyee dis(>Jtes concerning the interpretation and applicatior,
o f the , i ty's health and dental insurance pcog ram, the following procedures
sha ll be utilized in t hose instances where aro atl)J.oyee feels that their health
or dental i nsurance claim has not been processeu or paid in a manner consistent
with the City's insurance plan.
l. If an atl)loyee feels tha t his/her h ealth or denta l claim has been
incorrectly paid o r de ni ed , the Bll>loyee shall firs t contact and i nform
the City's Be ne fit Coordinator in the Enployee Relations Department at
Ci ty Hall.
2 . If the dis(>Jted claim can not be resclved by the Benefits Coordinator,
the claim will be r esuani tted to the insur,,nce admi ni strator for futhet
review and cons ide ration .
3 . If the claim can not be r esolved to the s atisfaction of the atl)loyee
by t he insurance administrator, the claim will be forwarded with all
pe rtinent informat ion to the City's insurance consultant for further
review and i nvest igation and who shall attatl)t to resolve the dispute
through i nfo rmation and mediation.
4. The wri tten decision of City 's insurance consultant COi1cerning claim
disputes involving out-of-pocket expenses to the Bll>loyee of $50 or less
shall be final. Cl aim disputes i nv ol ving out-of-pocket expenses to the
enployee of mor e than $50 unless r esl1 lved by City's insurance consultant
to the satisfaction t f the Bll'loyee shall be forwarded to th" Colorado
Foundation for Medica1 care for a carplete r eview of the pertinent facts
giv ing rise to the disi,,te and shall suanit lo the Ci ~y a written decision
which shall be• final. r .. c, cost for rn,ploying the Colorado Foundation for
Med ical Care shall be pai,J [or by the City .
ARTI CLE 18. HE/ILTH INSURANCE -EMPLOYE E/RE':!REES
A, Du r ing the li fe of th i s Contract·, the City s hall pay 100% o f the
198 4 preniun cost for the City Hea lth 111surance Pldn or othe r pla n which may be
sel ected by the City as a substitute fo r the City Health Plan fo r each single
and depend ent policy holde r. Errployees and the City shall assune any premiun
rate increase above the 1984 pranilm rate on a shared 50-50 basis beginning
January 1, 19 86 a nd thereafte r during the life of t his ag r eement.
Pagu 12
B. The City agrees to continue to provide to each ffll?loyee covered by
this l\greeme nt the same level of health benefits as provided to then as of
J a nu ary 1, 1980 e xcept the City shall improve said benefits according to industry
sta nda rds each year and for the duration o f this l\greement.
C. llny dispute concerning the i nt erpre tation or appllcc.tion of bene fits
provided under the Health Insurance Plan shall be s ubject to the dispute resolution
procedure only. (It is expressly understood t hat this llrticle is a non--qrieva ble
i ten under this llgreanent.)
D, In order to pr0010t e a better unde rstanding of t he City 's procedure for
resolving enp l oyee disputes concerning the interpretation and application of
the City 's hea l th and dental insurance prog r an, the followi ng procedures shall
be utilized in those i nstances where an enployee feels that their health or
dental i nsurance claim has no t been pr ocessed or pa id in a manner c onsistent
with the City 's i nsurance plan.
1. If an atployee feels t ha t his/her health or de ntal cla im has been
incorrectly paid o r denied, the a11Ploy ee s hall fi rst contact and inform
the City's Be nef it Coordinator in the Errployee Rela tions Department at
City Ha l l.
2 . If the d isputed claim can not be resolved by t he Benefi t s coo rdinator,
t he claim will be r e s ul:m itted to the insurance admi ni s trator for further
review and con sideration.
3, I f the claim can not be resolved to the satisfaction of the enployee
by t he insurance administrator , the claim will be forw a rded with all
pertinent i nformation t o the City 's insurance consultant for furthe r re-
view and investigation and who shall atteTipt to resolve the dispute
through informatio n and mediation.
4. Th e written decis i on of City's insurance consultant concerning claim
disputes involving out-of-pocket expenses to the erployee of $5 0 or less
sha ll be fi nal. Cl11im disput es i nvolving out-of-pocket expenses t o the
emp l oyee of mor e than $50 unless r esolved by the City's insurance consdtant
to the satisfaction of the erq:>10'/ee s hall be forwarded to the Colorado
Fou ndation for Medical Care for a ccxrp l c te rev iew o[ the pertinen t facts
giving r ise to the d i spute and shall submit to the City a written dec i s ion
wh ich shall be fina l. The cost for enploying the Co l orado Fo undat ion for
Medical Ca re s ha ll be paid for by t!ie Ci Ly .
IIR'l 'ICLE 19 . MILITARY LEAVE
I
11 . Any permane nt or probationary anployee who enlists or is inducted into I
the military, naval, a ir or other armed serv i ces of the United States i n time of
war shall be e ntitled to a leave o[ absence without pay (o r t he durat i on of such
war or until honorably discharged , whicheve r occurs (irst , and fo r one (1) year
the reafter.
o . Any erployec who s ha ll be a member of the National Guard or any other
carpone nt of the military f •JLCcs of the St at e , now or hcrc,1fl,'1 organ i zed or
cone:tituted unde r the State or froeral law , or who shall b,· 1 ma nber of the reserve
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forces cf the United St a tes, no., or he r ea fte r organi zed or constituted under. f ederal
law, shall be e ntitled to leave of absence Eran his emplo~ent without los s of pay ,
seniority , status, eff ici e ncy rating, vacat ion, sick leave or other benefits for
all the time when he is engaged with such organization or component in training
or acti·,e ser vi ce orde r ed or authorized by pcoper authority pursuant to law, whether
for State or federal purposes, bu t not c x=eed ing fifteen (15) days in arrt calendar
year. Such leave shall be allowed in case the r equired military service is
satisfactor.ily performed , which s hall be prcs\11\ed unless the contrary is estaolished .
C. Such l eave sha ll not be a llowccl unless t he erployee returns to his public
position i.rm-ediate ly upon being r e lieved fran such military s ervice and not later
than the expiration o f the time he r e in limited for such l eave , unle ,;s he is
pr evented Eran so r eturning by physical o r me ntal di sability or othe r cause not
due to his own fault or is requi red by proper authorities t o continue i n s uch
mil itary serv i ce beyond the t ime here in limited for s uch leave .
D. Su bject to provision II, B, and C above , t he City shall provide full pay
t o an erployee g r a nted military l eave , l ess what ever wages the e-rployee may have
received by the military for s uch serv ice.
I\RTICLE 20. FU NERAL LEI\VE
The Chief o f Pol ice s hall gra nt l eave wi t h pay to an e-rployee to a ttend
the fun eral of a manber of the employee's fami ly. The n\11\ber of d ays granted
s ha ll be governC'Cl by the cir cumstances of the case , but in no event shall they
exceed seven (7; ca lendar days. For the purposes of this section, "e-rployee' s
fau ily" shall !lY'a n the employee's spouse , or the children, grandchildre n , porents,
grandpare nts , brnthers and s lsters of the erployee or of the employee 's spouse.
I\RTICLE 21. JURY DUTY
Leave may be g r anted to an employee foe serving on jur y duty. Th e arployee
shall be entitled to the difference between his regular compe ns a t ion and the fees
r eceived for jury duty.
I\RT ICLE 22. HOLIDI\YS
I\. 1111 officer s covered by this contr act s hall be sched uled for t e n (10)
days off with pay at the discretion oE the Chief of Police or hi s designee .
Scheduling wi ll be depende nt on the work l oad of t he depa rtment. Upo n rutua l
ag r eement of the employee and the Chief of Police , a ma xi1llll11 of five (5) h'llidays
may be cashed out for pay i n li~u of time off. The rate of pay shall be at the
errployee ' s r egular hourly wage rate.
I f afte r the errp loyee has beg un the i 1 .. ol iday and the Ci ~y requires the
err(Jloyee to work during the schedu :"-"<l ho ; •rla y period , the e-rployee shall be
cClfl\)ensated as follows :
l. Th e e-rployee s ha ll be paid for dll hours worked at t he ove rtime r ate .
2 . The employee shall not be charged with holiday time for the n\11\ber of
hours .orkcd .
P1g e H
B. Officers assigned to the investigation bureau or other special assigrrnent
s hall be e1llowed the regularly observed City holiduys and may be allowed a floating
holiday option. They may be allowed to e xchange any of the below listed holidays
for any othe r day in the year he/she is normally scheduled to wo r k. Scheduling
will be 1Mde with the a(lprova l of the Chief of Police or his designee. Holidays
. which may be e xcha ng ed are the following:
Washi ngton 's Birthday
Veteran I s Day
Frid ay aftt:r Thanksgiving
Christmas Eve or New Year• s Eve
This prov ision shall also apply to police offi,·~rs regularly assigned t o
spec ial duty by the Chief o f Police .
ARTICLE 23. UNIFORM CLEANING /\LLCWl\NCE
A. The City s hall furnish , or bear the cost of uniform<i, i ncluding leather
geilr, insignias , shoes and clothing, r equired while on duty, and shall pay all
c-osts of maintenance , r epai r and cleaning thereof. All anployees assigned to
the investigation bureau for a period of thirty (30) days or mo re and not
required :o be in uniform during wo rk , sha ll r eceive a monthly clothing allowance
of $60. The City s hall provide the necessary cleaning. The atployee shall be
responsible for all lost or stole n i tans identified above, or damage to same, as
a result of neg l igence or deliberat e act.
B. Th e City will reimburse an anployee 50% of the cost for the purchase of
a bu lle t proof ves t (flack jacket) up to a maxiirum of $125 .00. Reimbu rsement shall
only be mude once every f ive (5) years and the anployee nust re tai n possession
o f the j et cket during the f ive (5 ) y ear peri od .
ARTICLE 24. LEAVES OF ABSENCE (WITHOUT PAY)
El ig ibili t y
Pe rnia nent a,ployces covered by t his Cont rac t may be g r anled a l eave of
absence wi t hout pay [or reasons of cclucation which is allied to the duties of
the City , settle.nenl of an e st,l ,2 , c hi ld c are , serious illness o f a rrenber of the
errployee ' s f am ily , bu t shall not be used for the purpose of obtaining anployment
elsewhe re . Leave without pay shall not exceed s i x (6) months of a ny ye ar but may
b e e xte nd e.<l upon r eques t fo r an additional six months . The tota l leave time shal:;.
I
not e xceed one year. Upon return fr<>n a pproved leave , the anployee will be restored
to thei r former po s ition if ava i l able o r t o a position comparable for which the I
errployee is qual i fie.<l . Dur i ng periods o f unpaid leave , «al()l oyef!s s hall not continu,
t o ac c ru e s ervic.::! c red i t , or be e l i gible (or any City be ne fits .
Applica tion fo r Lea ve
A request fer a leave o f absence without pay shall be sut:.-nitted in writing by
the OT(lloy ee to Uw Chie [ o f Pol i ce . Th e r eq11 est s ha ll indicate the reason the leav
o f absence is be ing req ues t ed and the approximate l ength of l eave time requested .
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Cons ideration of Leave Request
The Chief of Poli ce may grant or de ny l eave requests , taking into consideration
the department 's work force , work load and t he ernployee 's request .
Failure t o Return
If a n erployee fails to return by t he da t e of lea •;e ex pi ration, the erployee
shall be cons ide red to have volunta rily resigned fran the service of the City,
unless the appo inting authority deteanines that unusual cirC1J11s tances exist.
I\RTI CLE 25. GRIEl/1\NCE PROCEDURE
II grievance i s defined as an alleged violation of a specific provi s ion of
t his Cont r act . Th e rnq:,loyee a nd the Association s ha ll be required to follow
t h e procedure as set out below.
If the ernploy ee/1\ssociation is una ble to sett l e the c;rievance or dispute
orally and i nform.:,) ll• through his/her .irrrnecliate s upervisor wi thin five (5) work
days of the date o f the occurre nce of the grievance , or the erployee ' s knowledge
of it , the ernployee may wi t h i n the succeed ing five (5) work days file a written
gri evance with hi s/her supervisor. Th e s uper v i sor s ha ll atternpt to adjust the
matt . r a nd s hall re~pond in writing to the ernp l oyee with i n f ive (5) wor k days .
If the grie va nce still raTiains unadjusted , it s hall be p resented by the
~loyee to the Poi ice Chief in writing with i n five (5) work days following
r ece i pt of t he supervi sor's response . •rhe Chief of Pol ice s hall r espond in wri ting
within five (5) work days .
If t h e gri evance st ill raTia ins un adjusted , it shall be p rese nted by the
employee to the City Manager in writ i ng within five (5) work days fo llowing
receipt of the Police Chief 's response. 1'he Ci ty Manag e r or his/he r designated
r e presentative shall resporod in writ i ng within ten (10 ) wo rk days .
St ep 4
If the qc i evance is st ill unse ttled , the employee within ten (10) work
days a[ter the reply o[ the City Manag e r or his/her designated r epr,,sentative ,
may by writ ter: notice request the matter be heard by the ca r eer Service Board.
The Caree r se ,vice Board or i ts des ignated hearing officer shall be requested
to issue a dL'Cis ion wilhin thirty (30) dc.1ys a(ter conc lus i on o[ testimony and
argune nt. Each par ty shall be responsil 'e for coopensation to its own repre-
sent atives arrl witnesses . If e ither par ty des iti?s a ve rbatim r v ... n rd of t he
proceeding s , it may caus<: s uch a record to be made , provided it payn for t he
r ecord and mak es copies a\'a i table without r.harge to the other pa r ty and to the
Care er Se r v ice Boa rd o r i.ts designated hea r i ng o[fi cer. Failure by a n employee
Page 16
or the l\ssociation to carply with any time limitation shall constitute a settle-
meat of the grievance . Should the 011ployer not respond within the prescribed
time , the grievance will autanatically proceed to the ne•t step.
Authority of Career Service Board
The career Service Board or its designated officer shall have no power to add I
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 binding upon the
parties. The Board or its designated hearing officer s hall limit its decision
strictly to t he grievance subnittecl which has been properly processed through the
grievance proceclure outli ned.
Process ing Grie vance During Working Hours
Grievances may be investigated and processed by the arployee and one (1) on-
duty assoc i ation r e presentative at the anployee' s request during working hours
within reasonable time limits without loss of pay provided notice is given and
the work load pet111i ts.
ARTICL E 26. DUES DEDUCTION
II. The City agrees to ded uct the I\Ssoc iation dues once each pay period
from the pay of those EJll)loyees who individually reques t in writing that such
deductions be macl e , subject to the garnisllnent laws of the State of Colorado.
1'h e amo un ts to be deducted shall be certified to the City Finance Director by
the Treasure r o( the i\ssociation, and the aggregate decluctions of all e,ployees
shall be remi ttecl toge the r with an i temi zecl statement to the Treasurer by the
15th of the succeeding month, after such decl uctions are made. Th e authoriza-
t ion sha ll be r e vokable during the term of the Contract, upon a thirty (30) day
wri t t e n not ice by Lhe employee to the City Finance Director.
l\. If no wag e s a r e paid a n authorized employee on the l ast pay period of
a give n pay per iod, deduction (or that pay per iod will be made ~com any wages
which may be paid Lo h im/her on t he ne •t succeecli ng final monthly City pay period.
It l s e •pre s s ly understood tha t the City as sunes no liability and shall not be
liable for the collection or paym ent to t lm l\s soc iation of ~ny dues d uring ,,ny
time t ha t an anp loyee is not actually wor k ing for the Ci ti, and actually on the
payroll of t he City. In the event of error on the checkoff list, the City will
not be responsi ble to make ad j usln1ents , until notifiecl by the Treasur er of the
Assoc iati on.
c . The l\ssociation sl1all indemni f y and hold the City harmless agai nst any
a nd a l l claims , s u i t s , o t de r~, or j udgment s brought or i s sued against the C · ·.y a s
a resu lt o f a ny act i on taken or not tak n by the City und e r the provision of this
Article .
D. Chang es in the d ues illl10unt to be deducted s hall be limited to two (2)
chang e s each ye a,, and pro,ided a thirty (30) day writ t en notice is provided the
Ci t y Finance Direct o r.
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E. Should the change in the deduction amount or method r equire a <:all>Uter
progranrning change, the Association shall be responsible for that cost of such
change or changes, at $30 per hour with a four (4) hours maxinun. Paym ent fran
the Association shall be made to the City Finance Director within ten (10) days
of receipt of billing.
ARTICLE 27. l\SSOCIATION I\CTIVITI F.S
The City a<Jrees that during working hours on the City premises and without
loss of pay , Association representatives may be allowed to: attend Associ ation-
management meetings; attend negotiation sessions ; post Association notice s on City
des ignated bulletin boards; solicit Association neriJerships dur ing ertt>loyee's
non-work time; and represent 01ployees on grievances provided the work load permits
as determined by the Police Chief or his designa ted representative and requires
no ove rtime pay.
I\RTICLE 28. RULF.S /\ND R!X]JLI\T!ONS
E•cept as limited by the e xpress terms of this Contract, the City retains
the right to pronulgate reasonable rules , regulations, policies, procedures
and directives . Said rules, regulations, policies, and procedures and directives
which a r e a n alleg ed v iolation o f this Co ntract shall be subject to the grievance
procedure.
ARTICLE 29 . MERIT INCREI\SF.S
The wage increases provided for Police Officer 4th Class through 1st Class
shall not be considered automatic, but rathe r based upon meritorious service.
Said merit increase ma y be granted or d e nieJ to any individual Police Officer
upon recanmendat ion of the Police Chief and wi th the a pproval of the City Manag e r
upon written notice to such individual Police Officer. The date in which the
me rit increase is approved shall de t e rmine the new meri t anniversary date.
ARTICLE 30. OUT'l TO 1'ES'r!F'i
Should any erployee be required to l .es tify before any _0urt or departmental
admi n ist rative hearing as a r e sult of hi s or he r official duties wi th the City,
the time spent by such erpl oyee in providing s uch testimony shall be considered
to be wo r k t ime. If s uch appearunce for testimony is at a time when the erployee
would otherwise be of f duty , the 0l{)loyee s hall be paid as prov ided und er
Article 8, Section I\, of th i s contract. The empl<l'Jee shall pay to the City all
witness fees , and other conpensa tion pa id t o t he erployee in conjunction with
so t estify i ng excludinc; mileage 'ees . lln 0ll'loyee who in called for witness
d uty s ha ll p r e sent to t he ir s uper visor the original slJTil1lOns or subpoena fran
the cou rt or a t the conclusion of s uch du t y , s hal l pro••ide a signed statement
f ran the clerk of t li e court , or other e vide nce ind i cating the amou nt of time
his/her pe rson was r equi r ed . Wh en he i s su bpoenaed as a witness in priv,:ate
litigation to testi fy , not in his of ficial capac ity but as an indi v idual, the
time a b sent by r easons thereof shal l be taken as annual leave or leave without
pay ,
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ARTICLE 31. ACTING PAY
A. All acting positions will be coopensated at 100% of the pay for the
position in which he is acting as approved by the Chief of Po lice. The arployee
rust be in the position for a period of thirty (30) consecutive calendar days
before said arployee becares e ligible for acting position corrpensation . Such
pay will be r etroactive to the f irs t day of sa i d a-nploy ee assunes the responsi-
bilities of t he position.
ARTICLE 32. BASE S/ILARY
For the pu rpose of de t e rmining an a-nployees base wage, the arployees regular
straight t ime hourly wage rate and longe v i ty shall be used, excluding all other
forms of E!fl'.)loy ee coirpensation . (Th e above provision shall be used only for the
purpo•;e of decc,rmining pension benefits under the City and St a t e pension plan.)
ARTI CLE 33. RET I REl'.ENT BENEFIT S
I
A. Retirement bene fits shall be provide<l for as stipulated under State Statute.
I n addition, the City s hall continue to provide the same level of benefits as
provided for i n the Englewood Municipal Code .
B. 011ployee contribu tions will not be increased above the 5% to enployees
hired p rior to April O, 1978 a nd 8% for aTip loyees hired a f ter April 8, 1978
contribution l evel s unless r equ ired by State Statute.
C . It is understood and ag r eed by both parties t i ,,. any referral to health
insur ance for r etir ees or future r etirees is not to be cv r ued as a part of
this agreanent . Th e City agrees outside this agr eanent tha t it will continue to
allow ~e ti rees and futu re r e tirees a conversion privilege to the health insurance
conve rsion plan available t nroug h the City. The City also agrees to pay 50% of
the cost of coverage of the conversion plan or other plan s e l ected by the retiree
up to a maximum of $7 5 .00 pe r mo nth.
ARTICL E 34 . TU ITION REl:1JND
Upon recornnend a tion of the Police Chie[ and af t e r p ri or approval of the
Enp l oyee Re l ati on s Director, the Ci ty of Englewood shall r eimburse a permanent,
f ull-time police of(i cer upon successful corrple tion o f an a~roved course or
courses i n educat i on or vocational traini ng at the public ins titution rate .
The course or t raining nust be comp leted at an accr edited college or university, I
must be rel ated to the work , be designed to improve competence in t he job,
and be of value to the police office r's service t o the Ci t y. Thi s s hall include
a ll tu iti on, and requi red texts .
i\RTIC LE 35. llIDD ING PROCEDURES FOR HOL IDAY S , VACATIO NS AND SHIFT ASSIGNMENT
II. Se n ior i ty applicable to the senior ity b id process will be determined
in acco rdance with the total length o[ continuous emp l oyment as a Police Officer
with the Ci t y of Englewood . Prior City employment in otl1e r than a Po l i ce Offi ce r
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P, ge 19
ca£)acity will not apply toward seniority. Probationary 01\)l.oyees will not be
included in the bid process .
Bidding for Watches and Days Off
B. The seniority bid sys t en will be applicable to personnel assigned to the
u niform patrol bureau only, and will not be authorized in any other bureau or
spec i a l ass igment.
Th e uniform pa tro l bureau cannande r will develop and post a schedule prior
to each year for a twelve-month peri od.
II patrol officer in t he U'liform pa t rol bureau will bid once each year in
No vonbe r for assi~c,,.,nts within fo ur (4) three (3) month intervals .
There will be four (4) biddable positions on each of Watch es 1-11 an:l I-B and
e ight (8) biddable posi t ions on each of Watches II and 111. The bidding process
will begin with the mo st s enior Police Officer bidding the positions of his choice .
In the descending order of s eniority , each renaining Police Officer will have
cho i ce of the renaining biddable posit ions. 1111 specialized positions such as
motorcycle off ice r, crime prevention o fficer, mou nted p-.trol officer , etc .,
will not be open to bid. The s pecialized assigments a ~ng with a ny no-b i d
pos itions on a watch, will be in adJition to t he bidda ble positions on each watch ,
Officer s may request ncn -biddable positions and an att01\)t will be made to
acconrnodate them, bu t s uch posi tions wil l be assigned a t the discre tion of the
uni fo rm patrol bureau comna nd e r.
If an of ficer fa ils to suanit his/her bid in accordance with the bidding
procedure, he/she will r e l i nquish the oppo rtunity to bid by seniority , and will
be assigned a t the di scr etion of the uni form pa trol bureau C01T111ande r.
An officer i n an othe r assigmient, who is reassigned to the uniform patrol
bureau wi ll occupy the posit ion vacated by the person he or she a re replacing . If
othe r pos itions are availa ble , he/she may request assigrrnent to s uch position, but
may on l y be assigned at the discr etion of the pa trol division comnander. The
off i cer wi 11 then be allowed his/her seniority for bid at the nex t bid process,
It i s further understood that a schedul e chang e for unforeseen a:nergency
circunstances arise, of ficers may be assigned by the uniform patrol bureau camiander
frooi one s hift t o t he other to ha ndle whatever energency si tua tion exists during
the duration of the a:nerg ency . The of ficers in descending order of sen iority
will be asked if they want the assignment change fr ooi thei r ass igned wa tch
during the duration of the aner()ency. Tf it is necessary to assign o fficers , after
impl a ne nting this procedure , the 1east senior of ficer on t he watch will be
se l ect ed first to change assigmients by the un iform patrol bu r eau conmand e r. The
process will c ont inue un t il the bur e a u cooimande r ha s me t the needs of the a:nergency
situation .
Bidding (or Vacat ions and Holidays
c. Each officer will bid one vacation , by senority , f or the yea r 1 s period,
January l through Decenber 31. lldditional vaca tion pe ri od s will be g r anted , on
a fir s t requested bas is , o nl y a fter a ll seniority-bid va cations have been scheduled .
p, ,,, 20
Th e bidding process for vacations will take place in November as scheduled by
the uni form bureau coomander after carpletion of all bidding for watches and
days off. Holidays will then be bid in a similar manner. More than one (l) holid,
at a time may be taken as long as the requiraTient of "four (4) officers per watch" ·
is met as (d escribed below).
vacations are expected to be scheduled in good faith by each arployee and
shall specify the exact dates des ired.
In the uniform patrol bureau, not more than four (4) officers per watch will
be scheduled for vacation or holiday leave at the sane time, unless approved by
the Chief of Police. Within the bureau, not more than two (2) officers will be
s cheduled for vacation at any one time unless approved by the Chief of Police.
Vacations within t he investigations ard administration divisions will be scheduled
by their division cooroande, accor,Jing to seniority .
Holidays will be bid after all vacations have been bid by seniority with
vacations taking precedent over holidays. Th e bid time for holidays is the same
as vacations according to bid schedule, except that any holidays not scheduled or
used by Augu st l of that :·ear will be assigned .
For the purposes of this article, aTiployees who are rehired shall accrue
seniority from the (late of their reemployment.
ARTICLE 36. LE'ITER OF CORRECTIVE ACTION
A. oral Corrective Action . Whenever grounds for corrective action ex ist
and the supervisor determrnes that the i ncide nt, action or behavior of the arployee
is such that more sever e action i s not immediately necessary, the supervisor
I
should ora l ly comrunicate to the enployee the s upervisor 's observation of the
problem a nd offer assistance i n correcting the situat ion. When an oral corrective
act ion is given , the supe rvisor should ensure that the anployee1 s departmental
personnel file is docunented to show the date of the corrective act ion and the
nature of the corrective action . The aTiployee should be advi sed that the corrective
action will be docune nted in the anployee' s departmental file.
B. Writte n Correct ive Action . Wh en the supervisor detenni nes that a writte n
corrective action i s appropriate and necessary, the corrective action shall be
addressed to the anployee and shall include the violation ; the spec if i c behavior
and the dates of the behavior (when appropriate) that s upport t he charge; the
warning that continuance of this behavior will t':'sult in disciplina ry action;
and an offe r of assistance in correcting the behavior.
A signed c opy o[ the cor rective action by the supervisor shall be included I
in the anployee ' s official personnel f ile in the El l oyee Relations Office, and
the anployee shall hav e t he opportunity t o sul:rnit written ccmuents in response
to the corrective action to be included in the file. /l[ter a period of one (1)
year [ran the date o( the filing of the written corrective action , the supervisor
s ha ll review said l etter and prov id ~ a (ollow-up l etter indicating the status
a( the written corr ective action .
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c . The erployee retains the right to request an aaninistrative review of
the written corrective action . The Chief of Police shall develop this aaninis-
trative review procedure which shall at a mininun consist of a board witn equal
representation of command staff to be selected by the Police Chief, and Association
manbers to be selected by the erployee . This board shall be advisory to the
Chief of Police, and its findings shall be placed i n the a,ployee 's per.sonnel file .
This /lrticle shall not be grievable under this contract. If this procedure is
not observed, at the request of the /lssociation a meeting may be held between
t h·, Oeparbnent , the City Manag e r's Offic<' and the /lssociation to address the
i ssue .
ARTICLE 37. DISCIPLINARY ACTION
Disciplinary action is defined under 3-lM of the Englewood Munic i pal Code .
~loyees cove red by this contract s hall be a llowed at their discretion one (1)
As sociation representative to be present during pre-<lisciplinary meetings. This
provision shall apply only when a n erployee desires the assistance of an Association
r e presentative and only when the a,ployee believes that di s ciplinary action as
d ef ined above will be taken against the 011ployee.
ARTICLE 38 . EXCLUSIVENESS OF IIGREEMENT
•rhe City and the /lssociation agree that the terms and provisions herein
contained constitute the entire Agreement between the parties and s upercede all
pr e vious cornrunications, representat i ons or agreanents, e ither verbal or written ,
between the parties with respect ·o the subject matter herein . The City and
the /l ssociation agree that all negotiable items hav e been discussed dur i ng the
nc<Jot iations leading to this llgreement and, t herefore , agree that negotiations
will not be r eopened on a ny item during the life of th i s Agreement except by
mu t ua l agreement of the parties.
In Witnes s Whereof , the parties have caused this contract to be s igned by
thei r respective represe nta tives , and their signatures place thereon, on this
o<-S day of Octobe r , 198 5 at Eng lewood, Colorado .
CITY OF ENGLE\~ ENGLEWJOD POLICE BENEFIT ASSOCIATION