HomeMy WebLinkAbout1999 Resolution No. 097•
RESOLUTION NO. j_]_
SERIES OF 1995
A RESOLUTION AUTHORIZING THE COLLECTIVE BAROAINING CONTRACT
BETWEEN THE ENGLEWOOD POUCB BENBFIT ASSOCIA'MON AND THE CITY OF
ENGLEWOOD FOR THE YBARS 2000 -2001.
WHEREAS, the previo•• Callectm, Barpinins Contract with the Eng1owood Police
Benefit Aaociation wu for de yean 1998 • 1999; and
WHEREAS , the City af!niiJawood and the Eng1ewood Police Benofit AMociatioD IDtered
into negotiati0118 on May 14, 1999 in accordance with the Englewood City Home Rule
Charter; and
WHEREAS, the mambon ,, the En,Iewood Police Benefit Aeaoc:iation duly ratffied, i,y a
majority of the memben, the Collective Barpinins Contract; and
WHEREAS, approval by the Enalewood City Council a£ the Collective Barpinins Contract
between the Eng1ewood Police Benefit Aaaoc:iation and t.he City of Englewood for the yean of
2000 • 2001, ia hereby siven;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
lll:!:lilm.1-The City Coum:il of the City of Enslewood, Colorado hereby approves the
Collective Bargaining Contract between the Enpewood Police Benefit Aaaociat:on and the
City of E1tglewood for the years of 2000 -2001, attached hereto u Ezhibit A.
~-The Mayor and the City Clerk are hereby authorized to sign and attat the
Collective Bargaining Contract between the Enpewood Police Benefit Aaaociation and the
City of Englewood, Colorado.
ADOPTED AND APPROVED thia lat day of November, 1999.
I, Loucriabia A. Ellia , City Clerk for ~tq_e City of Englewood,
above ia a true copy of Reeolution No .1:/. Seriea of 1999.
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:roJl 'ID~ 2000 • 2001
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'!'his reproduction of the 2000-2001 contract has been prepared by
the City Adllinistration tor distrillution to all covarad Police
otticars so that everyone will be aware of the rights and benefits .,I
contained herein.
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ARTICLE 1 DURATION OP CONTRACT 2
ARTICLE 2 RECOGNITION 3
ARTICLE 3 EMPLOYEE RIGHTS 3
ARTICLE 4 SENIORITY 4
ARTICLE 5 HOURS OF WORK 5
ARTICLE 6 BIDDING PROCEDURES FOR SHIFT ASSIGNMENT 7
ARTICLE 7 SPECIAL ASSIGNMENT 8
ARTICLE 8 LAYOFF. 8
ARTICLE 9 COMPENSATION 9
ARTICLE 10 PERFORMANCE STIPENDS 10
ARTICLE 11 OVERTIME WORK 11
ARTICLE 12 CALL !!ACK 12 • ARTICLE 13 STANDBY 13
ARTICLE 14 ACTING PAY 13
ARTICLE 15 UNIFORM CLEANING ALLOWANCE 13
ARTICLE 16 ANNUAL LEAVE 14
ARTICLE 17 HOLIDAYS . 17
ARTICLE 18 ADMINISTRATIVE LEAVE 18
ARTICLE 19 MILITARY LEAVE 18
ARTICLE 20 FUNERAL LEAVE 19
ARTICLE 21 JURY DUTY 20
ARTICLE 22 LEAVES OF ABSENCE (WITHOUT PAY) 20
ARTICLE 23 PERSONAL LEAVE. 21
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ARTICLE 24 DISABILITY -TEMPORA:RY (WOif JOB R!LlTID) :.12
1.ilTICLE 25 ON-TH!-JC3 INJURY -DISABILITY 24
ARTICLE 26 LIFE INSURANCE. 24
ARTICLE 27 DENTAL INSURANCE 24
ARTICLE 28 HEALTH INSURANCE -EMPLOYEE/RETIREES 26
ARTICLE 29 RETIREMENT BENEFITS 27
ARTICLE 30 RULES AND REGULATIONS 28
ARTICLE 31 TUITION REFUND 20
ARTICLE 32 DUES DEDUCTION 28
ARTICLE 33 ASSOCIATION ACTIVITIES 29
ARTICLE 34 LETrER OF CORRECTIVE ACTION 29
ARTICLE 35 DISCIPLINARY ACTION 31
ARTICLE 36 GRIEVANCE PROCEDURE 31
ARTICLE 37 EXCLUSIVENESS OF CONTRACT 33
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This contract entered into by the City of Englev.ood, Colorado,
and the Englewood Police Benefit Association has as its purpose the
promotion of harmonious relations between the city of Englewood and
its employees, a fair and peaceful procedure for the rssolution of
differences; the establishment of rates of pay and hours of work,
and other conditions of employment mutually agreed upon.
Except where limited by express provis!ons elsewhere in this
contract, nothing in this contract shall be construed to restrict,
limit or impair the rights, powers and authority of the city as
granted to it by constitutional provision, statute, ordinance,
charter or special act, the exclusive power , duty and rights to;
A. Determine the overall mission of the City as a unit of
government.
B, To m~intain and improve the efficiency and sffectiveness
of City operati~ns.
c. To det~::i::ine the services to be rendered, the operations
to be performed, the technolog; to be utilized, or the matters to
be budgeted.
D, To determine the overall methods, processes, means, job
classifications or persoMel by which City operations are to be
conducted.
E, To direct, supervise, hire, promote, transfer, assign,
schedule, retain or lay-off employees.
F. To suspend, discipline, discharge, and demote for cause,
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 determines continued
work would be inefficient or nonpi·oductive •
B, To take whatever d.her actiorui may be neceHary to carry
out th• wi ■h-■ of the public not otherwiH apecitied herein or
limitad by a collective bargaining contract.
I, To take any and all action ■ to carry out the •i••ion of
the city in cases of emergency.
J, Nothing contained herein shall preclude the Ci·ty fra
conferring with its employees for purposes of developing policies
to effectuate or implement any of the above enumerated rights.
ARTICLE l, DURATION OF CONTRACT
A, . This Contract shall take effect on January 1 1 2000 ,ind
■hall continue in force to and including December 31, 2001,
provided that.either party uy reopen for negotiation Articles 9,
27, 28, and the subject of the performance criteria referred to in
Articls 10,B only, by giving written notice of intent to negotiate
any or all of those Article:. prior to Kay 15, 2000, Such notice
shall state the reason for reopening negotiations, but such
~eatemP.nt shall not entitle the other party to refuse to negotiate.
Any such negot i ations shall proceed as provided in the city
Charter.
B, This Contract, or any part of it, may be terminated or
renegot i ated at any time by mut~al consent of both parties.
c. I f any article or section of this contract should be held
invalid by operation of law or the District Court, or if compliance
with or enforcement of any article or section should be restrained
by such District Court, the reD1ainder of this Contract shall not be
affected thereby and this Contract shall remain in full force and
effect, and the parties shall promptly ~egotiate for the purpose of
attempting to arrive at a mutually satisfactory replacement of such
article or section.
D, The parties ~.gree and understand that provisions relating
to employees covered by this contract shall in no way displace or
modify present or future statutory or case law of the State of
Colorado.
E, The parties acknowledge that during negotiations which
resulted in this Contract, each had the unlimited right and
opportunity t~ make de~•~nds and proposals with respect to any •
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•~j•ct or utter appropriate foi: negotiation diac:uaion■ and that
the und■r■tandings and agra ... nta arrived at by the partie• attar
thi• exerc i se ot that right and opportunity are ■et forth in thi ■
Contract.
ARTICLE 2. RECOGNITION
Th• City racoqnii ■• th• Englewood Police Benefit lul1ooiaticn
u th■ ■111ploy■e organiaation c■rtHied by th■ City of ln9levood a ■
th■ exclu■iva rapr■Hntativ■ tor ■worn Police aaploy■H within th•
tollcwir.g bargaining unit:
Included: All full-time, clusifi ■d sworn pclic• otticurs
below the rank ot Sergeant ot th• City Pe>lice
Depertment.
Excluded: All others.
ARTICLE 3. EMPL~YEE RIGHTS
l, A tull-time classified employee who is not a contidential
employee, a managerial employee, or a supervisor shall have the
right:
A. To term, join, support or pardcipate in, or to
retrain trom torming , joinin;, ■upporting, or
participating in any em~loyee organization or its
lawtul activities.
B. Bargain collectively through their certified
employee representatJ.ve.
c. No employee shall be intertered with, restrained,
coerced or discriminated against because ot the
exercise ot these rights ~or shall the right ot an
individual employee to discus ■ employment concerns
with the City be intringed upon.
2, The City and the Englewood Po~ic ■ Benetit Association
mutually agree that a tair and impartial investigation ot otticers
is deemed appropriate and necessary, A written policy has been
developed and included in the operation ■ manual specifically
• addressing the issue ct administrative and criminal investigations
and uployH right■• Jio changH will be mad• in this policy
without prior consultation and review with associa~ion
representative(s),
ARTICLE 4, SENIORITY
For the purposes of this Contract, seniority shall be
detenain•ci first by length of continuous tull-tilll• Hrvice with the
City PoHce Depart Jl8nt according to rank and Hcond by lengtll of
continuous full-time service with the City Police Departlllent from
the first date of hire, provided the aployH succe■st'ully
completed a probationuy period. In c~.•Gs where two or more
employees have the same hire data, the badge. number as i-■u•d by
the department shall establish priority of position on the
seniority list.
After an employee successfully complet-es the probationar1
period, their name shall appear on the seniority list as of the
first date of hire.
The senio:dty of an employee shall terminate under any of the
fo E oving condit.ions:
1. When an employee has been laid off tor a period of one
year or more.
2. When a laitl. off e111ployea fails to give notice of the
employee',; intent to return to work within seven (7)
calendar days after the City has sent to the employee's
last k :1own address on fi_le with the City a certified
letter requesting the employee's roturn to work.
3. Whan the employee gives notice but fails to return t o
~;erk within seven (7) calendar days after the aforesai d
letter has been sent to the employee.
4 . When the employee's employment with the city is
terminated for any reason.
5. When an employee is on leave of absence as provj dad unde,·
Article 23 .
6. If an emplOY<l "' i s absent for three (3) consecutive
regularly sch~du'ad working daya without notifying the
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ARTICLE 5.
Director of Safety Service ■ or iuediate ■uparvi ■or prior
to such three (J) days• absence without good cauH a ■
d ■termined by the Director of Safety Services.
Failure to return to work after expiration of a formal
lea,,e ot absence.
An employee rehired but whose absence from City
employment was less than eighteen (18) month■ will have
their prior accrued s e ni ority with the City restored.
HOURS OF WORK
The Police Dapartment s ha ll ob ■arve o!tice and working hours
necessary for the efficient transaction of their raspective
services.
A. Work Week
A work weak is a regular r•=ring period of 168 hour ■ in
the form of seven consecutive 24-hour periods. The work
week need not be the same as the calendar week. The work
week may begin on any d ay of the week and any hour of the
day and need not be the same for all employees.
B. Work schedule
l. The work schedule for ofticers assigned to the
unifor111 patrol bureau, including roll call and meal
periods, shall consist of five (5) eight (8) hour
and fifteen (15) minut 'l work days; four (4) tan
(10) hour and fifteen (15) minutE< work days; or
other work schedule as deter111ined by the Director
of Safety Services.
2. The work schedule for officers assigned to the
investigation bureau or other special assignment,
including meal periods, shall consist of five (5)
eight and one-halt (8-1/2) hour work d~ys, four (4)
ten (10) hour work days or other work schedules as
determi ned by the Director of Safety services.
3. Any change in an officer's bid or assigned schedule
(starting time, quitting time, scheduled days off)
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Will be made in accordance with para~aph C except
schedule char.gH may be made vithout notice .'.t the •
atfected officer agrees,
The City agrees to review with Association repr11entatives
issues and concerns regarding the method and possible compenaation
associated with schedule changes,
c. ~lng work schedules
D,
The work schedule may oe changed by the Director of
Safety Services provided a minil:lum five (5) day1 11dvance
notice is given. Work schedules may be changed without
advance notice in the case ot emergencie& as determined
by the Director ot Safety Service,. When an employee's
work schedule is changed for purposes of training,
special instruction, etc., the supervi•or shall make a
reasonable effort to accommodate tlle employee' a intarasta
concerning t~e scheduled change.
staffing
The need for an appropriate level of staffing is
recognized by tha City for the purpose ot efficiency and
aatety, The Police Department will ade.re ■s this issue in
departmental policy.
E, Meal Periods -Patrol otricers
Officers assigned to the uniform patrol bureau shall be
allowed a pal.d meal period of forty-five (45) minutes
each full work day, provided that the meal period ■hall
be authorized and controlled by the employee's supervisor
and may be denied in whole or in pa,:t if the supervisor
determines that circumstances so require. An employee
may conduct personal business during the meal period.
F, Meal Periods -Detectives
Officers assigned to the investigation bureau or other
:,;i ecial assignment shall be granted a paid meal period of
'.h irty (30) minutes for each full work c.ay. Employees
vorking a ten (10) hour work shift shall be allowed a
paid forty-five (45) minute meal pe.':iod, The meal period
shall be authorized and controlled by the employee 1 5
sllpervisor,
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G. B11t Perice,
Elllployees shall i.. granted a paid rest p•riod not to
exc••d fifteen (15) minutes during approxillately th•
first one-halt or the employee's regular work day and an
additional fifteen (15) minute ~ rest break approximately
in the second one-halt of the work day. lest p•riods
shall be authorized and controlled by th• employee••
supervisor,
ARTICLE 6, BIDDING I'ROCEDURES FOR SHIFT ASSIGmP..NT
A, Seniority applicable to the ■-niority bid process will b.a
determined in accordance with . ti:'" total length ot continuous
employment as a Police Officer with tl,~ City o! Englewood, Prior
City employment in other thar a Police Officer capacity will not
apply toward seniority. ationary employees will not be
included in the bid process.
Bidding for watches and pays Off
B. The seniority bid system will be applicable to parsoMal
assigned to the uniform patrol bureau only, and will not be
authorized in any other bureau or npacial assig'?llllent.
Th• uniform patrol bureau commander will develop and post a
sched~l• 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 tour (4) thrH (3)
month intervals.
There will be a total of five (5) non-biddable positions which
shall consist of two(2) non-biddable position on Watch I and three
(3) non-biddable positions on Watch II, provided that any new
position(s) added to the uniform patrol buraau after January l,
1997, shall be nor.-biddable positions, up to a maximum of nine (9)
non-biddable positions in the bureau. The bidding process will
begin with the most senior Police Officer bidding the positions of
their choice. In the descending order of seniority, each remaining
Police Officer will have choice of the remaining biddable
positions. All specialized positions such as crime preventi:,n
of!icer, traffic officer, etc. will not be open to bid. The
specialized assignments along with any no-bid positions on a watch,
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will be in addition to the biddable po•ition on each watch.
Officers may reque•t non-biddable po■itions and an attupt will be
made to acc011a0date them, but auch poaitiona will be a•■ignad at
tile discretion ot the uni .~crm patrol bureau commander.
If an employee fails to submit a bid in accordance with the
bidding procedure, th• employee will relinqui1b th• opportunity to
bid by seniority, and will be assigned at the di1cration of the
uniform patrol bureau commander.
·~1 employee in an other assignment, who is reassigned to the
uniform patrol bureau will occupy the position vacated by the
employee they are replacing. If other positions are available, the
employee may request assignment to such position.11, but may only be
assigned at the discretion of the patrol divi1ion commander. The
officer will then be allowed t o bid at the next bid process.
It is further under.stood ~;,11.1:. should a schedule change for
unforeseen emergency circumstances arise, officers aay be assigned
by the uniform patrol bureau commander from -one shift to the other
to handle whatever emergency situation exist• during the duration
of the emergency.
ARTICLE 7, SPECIAL ASSIGNMENT
Effective Januacy l, 1988, the Department will establish a
written proce•s for selection and service including performance of
employees for special assignments.
The Director of Safety Services will consult with the
Association regarding any future changes to the selection process .
ARTICLE 8, LAYOFF
Whenever there is lack of work, lack of funds, or under
conditions where the City determines continued work wou '.'.d be
inefficient o. nonproductive, the appointing authority ■hall
designate the positions in which the layoff is to be made.
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The order of layoff ■hall be determined by the City Manager on
the basis of the quality and length of service provided by the
employees in the affected areas. Quality of work will include the
employee's total employment record. This record includes aMual •
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performance evaluation■, couendationa, disciplinary actiona,
education, training, etc. Any uployaa■ wbo bave not Y•t. achieved
permanent or r ■gular stat~ !I~ wbo have l ■H than •ifhtun -(18)
months of full-ti•• amployaant with tb• City ■ball 1:le laid off
first, regardless of perfonance. Permanent aploy ... who are laid
off have the right to be re ■111ployed in their respective cl•••• in
inverse order of layoff, provided that such recall occ:un within
one (l) year of layoff. Th• city•• obligation to re-.ploy an
amployee ■hall be ■ati ■fied if it make ■ an offer of aployment to
an amployee within a claaaification for whicb th• apl.oyH is
qualified. In the event tbe employee fails to accept the offered
employment, the offer will be deemed as denied and the uployee••
rights with the City shall in all respects be terminated at th&
time. In the event the quality and length of service are equal,
seniority ~hall prevail. An employee in a -higher rank if laid off
may transfer to his/bar previocs loJWar rank provided the uployae
bad permanent status in the lower rank. An employee ao transferred
shall have the first right of ref'lsal to the fo1.11er high l ■vel
position that the f3111ployee bad held, The recall list ■hall
terminate aftar twelve (12) months.
Empl~yees shall not continue to accrue ■ervice credit,
including seniority, or be eligible for any City benefit ■ during
layoff . In the event of a layoff, affected employees will be given
as much advance notice as possible.
ARTICLE 9. COMPENSATION
A. For the period January l, 2000 through December 31, 2000,
the salary schedule is as follows:
EQYt;E OFFICERS i r-••~ Am!:l1Al,
PolJ.-::1o Officer V $2,904 $34,846
Police Officer IV $3,089 $37,068
Police Officer III $3,397 $40,764
Police Officer II $3,736 $44,832
Police Officer I $4,109 $49,308
B. For the period Jilnuary 1, 2001 through December 31, 2001, •
the ■alary schedule shall be a ■ follow■:
POLIC!j QF[IC!jRS IK!lrl'.llliI Al!HlW.
P~lice Officer V $3,020 $36,240
Police Off.icer IV $3,212 $38,544
Police Officer III $3,533 1 $42,396
Police Officer II -. $3,885 $46,620
Polics Officer I $4,273 $51,276
l!ll!!e salary
For the purposes of determining an employee•• base wage, th•
employee's regular straight time hourly wage rate and longevity
shall be used, excluding all other forms of employee compensation.
(The above provision shall be used only tor the purpose of
determining pension benefits under the city and State pension
plan,) In order to comply with Fair Labor standards Act, longevity
will be used to de'.ermino overtime compensation and calculated at
t.~c end of each year,
Mar i t Increase
The wage increase provided for Police Officer 4th Class
through 1st Class shall not be considered automatic, but rather
based upon meritorious service. Said merit increase may be granted
or denied to any individual Police Officer upon recOllllDendation or.
the Director of Safety Services at1d with the approval of the City
Manager upon written notice to such individual Police Officer. The
date in which the merit increase is approved shall determine the
new merit anniversary date.
ARTICLE 10, PERFORMANCE STIPENDS
A.. Each Police Officer I shall be eligible for a stipend in
an amount determined by the Director of Safety Services,
up to a total of $500 each year.
B. such stipends shall be awarded in the exercise of the
Director's discretion, based upon specific written
objective and subjective performance criteria developed
by the Director and made available to employees, The
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,w Director ■hall make ■uch criteria available prior to
May 15, 2000 and .the Englewood Police Benefit Aa ■ociation
uy reopen n99otiation■ concerning ■uch criteria pursuant
to Article l,A,
c. Eligible employees who believe they meat the criteria for
■uch an award ■hall submit application■ to the bployae
Incident and Recognition Colllllittee on or before thirty
(3 0) day ■ prior to the employee'■ nployMDt anniver■ary
data. The Co1111ittae ■hall make a rac0l1111811dation to the
Director regarding the amount ot the stipend, if any, to
be awarded to th• employee, The amount racOllllendad ■hall
not exceed the amount ■et forth in Paragraph A, above.
Th• Director ■hall promptly con~ider and make a
determination a ■ to each ■uch reconendation,
D, Employees hired on or betore April 8, 1978 ■hall be paid
longevity compensation in the amount ot $48.00 par month,
or $576.00 per year.
ARTICLE ll. OVERTIME WORK
A. Employees covered by this Contract shall be compensated
at time and one-halt ( 1 1/2) the employee's regular
hourly rate ot pay tor all assigned hours worked over and
above their regular DAILY work ■chedule.
B. overtime shall not be pyramided, compounded or paid twice
for t~e same hours worked.
c. The City retains the right to assign overtime work to any
employee qualified to pertorm the work,
D. overtime available during a given watch shall be ottered
on a voluntary basis to otticers working the preceding or
■uccaeding watch, as appropriate, in order of seniority.
It no officer accepts, the least senior officer may be
required to work the overtime, an acco1111odation may be
authorized, or the City may, at its discretion, call any
officer in to work the overtime.
E. Employees who have worked overtime hours uy take time
oft in lieu of overtime pay upon mutual agre111uent between
the employee and the Ulployee•s supervisor. It there is
no mutual agreement, the Ulployee ■hall be paid. Such
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tiae ott •ball b• taken during t.ha pay periocl in which it
waa earned and •hall be paid in eccordAnca vitil th• Fair
Labor Standard• Act. It the aployee ie unable to take
such time ott as a result ot aargency or untorHeen
cirCUJ11stances, the employee vill be con:pen ■ated at the
overtime rate of pay tor auch tim ■,,
r. Employees required to attend firearms q:u.alitication on
their ott-duty time will be guaranttted t~ro (2) hours
overtime pay it they successfully qualify during ■uch
attendance. Ellployees required to att,,nd firearms
qualification on their oft-duty time a11d who tail to
quality will be compensated tor time actually ■pent in
attendance at the qualification facility at their re,;u].ar
rate ot pay unless payable as overtime pursuant ~o this
Article.
ARTICLE 12. CALL BACK
A, An employee on otr-duty status who is called back to duty
shall be credited with a minimum ot two (2) hours ot pay
at the rate ot one and one-halt (1 1/2) the employee'■
regular hourly wag■ rate.
B, An 11111ployee called back to work during the tir■t two (2)
hours prior to th~ start ot their regular ■hitt shall be
paid at the overtime rate tor all hours actually worked
up to th.a starting time ot their regular shirt.
C. Should any employee be required to testify betore any
court or departmental administrative hearing as a result
ot his/her otticial duties with the City, the time spent
by such employee in providing such testimony shall be
considered to be work time. It such appearance tor
testimony is at a time when the employee would otherwise
be otf duty, the employee shall be paid as provided under
Section A above. The employee shall pay to the city a:.1
witness fees, and other compensation paid to the employee
in conjunction with so testifying excluding •ileage tees.
An employee who is called tor witness duty ■hall present
to their supervisor the original summons or ■ubpoena trom
the court or at the conclusion ot such duty, shall
provide a signed statement trom the clei:k of the court,
er other evidence indicating the amount ot time his/her
person was required.
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D. Wh•n an em1iloyH ~• aubpoenaad H a vitneH in .11dvate
litigation to '.u .tify, not in hi ■/her official ct;p"city
but aa an indiv:dual, th• ta• ab••nt by reaaona t~ereot
st.all be taken 11• any accrued leave or leave without: t>ay,
A T'.T :CCLE !.3 • STANDBY
Employees assigned to standby duty ahall be credited with -two
and one-halt (2,5) hours of pay at the overtime rate of ~ay !or
e !lch twenty-fo•Jr (24) hour period, or portion thereof, during which
t~2y are on standby. Employees assigned to standby for l••• t.•sn
a twenty-four (24) hour continuous period shall be credited with
one (l) hour of pay at the overtime rate for each such assignment.
ARrr.cLE 14. ,\CTXNG PAY
All ac•1.,.7 :v •1'-fo~s will be compensated at 1001 of the pay
for the posit ,011 .in which he/she is acting as approved by the
Director of Sat~ty Services. The employee must be in the position
for a period of thirty (30) consecutive calendar days before said
employee becomes eligible for acting position compensation. &uch
pay will be retroactive to the first day said employee assumes th•
responsibilities of the position.
ARTICLE 15, UNl:FORM CLEANING ALLOWANCE
A, The city shall fum!sh, or reimburse tile cost of
uniforms, including leather gear, insignias, shoes and clothing,
required while on duty, and shall pay all costs of maintenance,
repair and cleaning thereof, provided that reimbursement of such
costs shall not be required if approval of the Division Chief is
not obtained in advance. The City shall provide the necessary
~leaning. All employees assigned to the investigation bureau for
a peri od of thirty (30) days or more and not required to be in
uniform during work, shall receive a monthly clothing allowance of
$60. All emplc,yees assigned to the Police Adminlstrative Division
(e.g., Intern al Affairs and D,A.R.E. Officers) for a period of
thirty (30) days or more shall receive a monthly clothing allowance
of $40. The employee shall be responsible for all lost or stolen
items identified above, or damage to the sallle, as a result of THE
EMPiaYEE'S negligence or deliberate act •
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B. ~• City 'ill provide on a replaceunt bad• a h .gh •
quality wullet proot veat (!lack jacket). llepl•~•nt ehall be
ad, one, every tiv, (5) year■, or at euch earlier tlJl.e a ■ th• c .ty
is notitied ot any event or condition rendering ,uch a vest un•1f•
tor its intended purpose. In the event of ■pecializad or
cu ■t. !l i:!:ed vests, th• City will pay the aa11e dollar uount tor cha
Cit·, isi;ued and authorized vest with the uployee paying the
dH ~,aremc:es in cost.
A. !mployaes birad prior to Oeceber 31, 1983, and covers! by
this Contract shall accumulate annual leave monthly at the
following rates.
Length r.ours Hours
ot service per Month per Year
0-9 10 120
10-19 13 .33 160
20 and above 1 4 .16 170
The maximum accumulation ct annual leave shall be as tol:ows:
L!lnqth ot servi ce
0-9
10-19
20 and ,.;..,.;-.• ..
240
320
360
Emploi•aes hi.red January l, 1984, and thareatter al: all
accumulate annual leave at the tollowing rates.
T..ength
ot servi ce
0-4
5-9
10-19
20 and above
Hours
per Month
8
lu
13 .33
14.16
14
Hours
per Year
96
120
160
170
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Tl' 1 maxilllWII acCW11ulation cf annual leave ■hall be •• follow■:
ldDliltll ot..iUU!a ~
0-4 192
,-9 240
10-19 320
20 and above 360
B, Annual leave shall not be granted to any e~ployee until
after completion of twelve (12) months consecutive service with the
City unless otherwise authorized by the Director cl Safety
services. In order to qualify for annual leave creo!it r.uring the
month, the employee must have worked for at least one-half (1/2) of
the working days of that month excluding authoriz~d paid leave.
c. Annual leave shall neither be authorized nor computed for
any purpose after the maximum acCW11ulation has been reached. The
schedule for use of annual leave sbal: be determined by the needs
of the department. Annual le'\ve shall be taken at a time
convenient to and approved by the Director of Sa faty services .
Employees shall not lo~e accumulated annual leave after the maximum
has been reached if th€ employee has requested use of annual leave
prior to maximum accumulation, and has been den~ed use of annual
leave,
Annual Leave Pay
The rate of annual leave pay shall be the employee's regular
stra~ght time hourly rate of pay for the employees regular job and
charged on a working hour basis, excluding regub.r days off.
Annual leave shall be allowed only to the total hourly amount
accumulated at the bAginning of the leave, as verified by the
Dire.,:tor of Safety Services. Employees may receive their annual
leave pay not earlier than three (3) days prior to the start of
their annual leave, provided the employee makes a written request
to their supervisor fifteen (15) Lalendar days prior to the start
of their annual leave.
work puring Annual Leave
If after the employee has begun their annual leave and the
City requires the employee to work during the scheduled annual
• leave period, the employ~~ shall be coMpensated as follow ■:
15
A, The employee shall be paid tor all hour• wcrlcad at the
overtime rate.
B, The employee shall not be charged with vacation time tor
the number ot hours worked.
~
There ■hall be a one-week minimum on use ot aMuel leave time,
unle.as otherwise authorized by the Director ot Sat,,ty Services or
his/her designated representative.
The maximum use of aMual leave shall be no greater than the
amount accumrlated by the employee prior to the starting data of
the employee's annual leave · request, and in no event shall the
annual leave exceed four ( 4) consecutive weeks unless otherwise
authorized by the Director of Safety Services.
Ann•.:dl Leave Pav Ucon Seoaration
Any employee -no is separated frcm the service of the City,
i.e., retirement, termination or layoft, shall be compensated tor
the unused aMual leavr1 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 tot.he City.
How Charge ,g
Annual le.ive tor employees shall be charged on a working hour
basis e:tcludi.ng regular days otf.
Bidding ~9r vac~tions
Each officer will bid one vacation, by seniority, for the
year's period, J'anuary l through December 31. Additional vacation
periods wi l l be granted, on a first requested basis, only after all
seniority-bid va.:ations have been schedul ed.
The bidding process for vacations will take place in November
as scheduled by the uniform bureau collll11ander after completion of
all bidding for watches and days otf.
Vacationr. are expected to be scheduled in gooc: faith by each
employee and shall specify the exact dates desired.
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In the uniform patrol blU"eau, not aore than four (4) ~tticera
per wat.ch will l:e scheduled for vacatio11 or holiday leave at tlie
aaJ1111 time, unless approved by the Director of Safr,ty ServicH,
Within the bureau, not ■ore _ than two (2) officers wil l be echeduled
tor vacation at any one time unless approved b y thJ Director of
Safety services. Vacation within th• i1n •st.i gationa and
administration divisions will be acheduled J:.y their diviaion
cor.uaander according to seniority.
ARTICYE 17, HOLIC\YS
A, All officers covered by this Contract shall be •c~eduled
for tan (10) holidays off with pay at the discretion of the
Director of Safety Servica11 or designea, Scheduling will be
dependent on the work load of the det"a rtment. Upon mutual
agreement of the employee and the Director of .·afety Services, a
maximum of five (!5) holidays may be can!u:,,j ,.,1, for pay in lieu of
time off. At the employee's option, c,n;; , l ) holiday ahall be
guaranteed to ba cashed out for pay in lieu .of tim~ off. The rate
of pay shall be at the employee's regular hourly wage rate.
In the uniform patrol bureau, not more than two (2) officers
per watch will be scheduled for vacation or holiday leave ~t the
same time, unless approved by the Director of Safety services or
designee.
Holidays will be bid after all vacations have been bid by
seniority with vacations taking precedent over holidays. The bid
time for holidays is the same as vacations according to bid
schedule, except that any holidays not scheduled or used by
August l of that year may be assi~~ad .
If after the employee has begun their holiday and the City
requires the employee to wo=k during the scheduled holiday period,
the employee shall be ompensated as follows:
l.
2.
The emplo;•ee shall be paid for all hours worked z.t the
overtime rate.
The employee shall not be charged ~ith holiday time for
the number of hours worked .
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B, Officat·s assigned to the investigation bureau or other •
special assignmen·~ shall be allowed the regularly oburved City
holidays and uy be allowed a tloating holiday option, They may be
allowed to exchange any of the below listed holiday■ for any nthar
day in the year he/she is normally acheduled to work, Scheduling
will be made with tile approval of the Director of safety servku
or designee, Holicl.ays which may b e exchanged are the following:
Washington's .~iri:hday
Veteran's Day
Friday after Thanksgiving
Labor Day
Memorial Day
Christmas Eva or New Year's Ev•
If a holiday falls on a detective's regularly scheduled day
off, he will be given an altsrnate day off,
This provision shall also applr l:o police office:-:-, regularly
assigned to special duty by the Director of Safety Set" ',ces.
ARTICLE 18. ADMINISTRATIVE LEAVE
Adrtiinistrative le11ve with pay lllay be granted an ·:mployee at
the discretion of the Director c • Safety services or designee.
This leave is used when cirCU111s t ances require in the bast interests
of the City and/or employee that the employee should temporarily be
relieved from duty.
ARTICLE l q. MILITARY LEAVE
A. Any permanent or p:cobat.ion'!ry &mploy ee who enlists or is
inducted into the ~llitary, naval, air or other armed services of
the United States h time of war shall be en ':itled 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
o= any other component of the military forces of the State, now o~
hereafter organized or constituted under the State or federal law,
or who shall be a member of the reserve forces of the United
States, now nr hereafter organizqd or constitute1 under fE,deral
law, shall be entitled to leave of absence from his/her employment
without loss of pay, seniority, status, efficiency rating,
18
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vacation, sick leave or other benefits for all the time when he/she
is engag-,d '-'iL': auch organization or component in training or
active service ordered or authorized ~y proper authority pursuant
to law, whether for State or fed~ral purposes, but not exceeding
fHteen (15) days in any calendar year. such leave shall be
allowed in case the required military service is satisfactorily
performed, which shall be presumed unless the contrary is
established.
C. Such leave shall not be allowed unle ■-the employee
returns to his/her public position immediately upofl befog relieved
fron such military servico and not later than the eicp itation or the
time hereir. limited for such leave, unless he/she is prevented frou
ao returning by physical or mental disability or other cause not a
due ·to his/her own fa•lt or is required by proper authorities to
cor,i;inue in such milita.:y service beyond the time herein limited
for su•~h leave.
D, The City shall provide ~ull pay to an employee on
milicary leave, pursuant to Section B, above, less whatever wages
the employee may have received by th~ military for s uch ~ervice.
E. Any employee who is required to attend a wawkend reserve
d uty may request that his/her schedulad duty days be rescheduled
during the same pay period during which the request ed weekend
f a lls . This request may be approved if such rescheduling can be
accomplished at the convenience of the Police Divis i on. such
request must be submitted to the Director of Safety Services as far
in advance of the requested weekend as possible, but in no event
shall it be submitted lass than six (6) weeks i :, adv .i ~c:a of the
requested weekend, and the Director of Safety Seivicaa ■hnll
respond within two (2) weeks after the request is received. Such
request for rescheduling shall not arbitrarily be denied.
ARTICLE 20. FUNERAL LEAVE
T~e Director of Safety services shall grant leave with pay to
~n ~~p:oyee to attend the funeral of a member of the employee's
famil y . The number of days granted shall be governed by the
c i rcumstanceR of the case, but in no event shall they exceed seven
(7) calendar days. For the purpose of this section, "employee's
family " shall mean the employee I s spouse, or the children,
19
grandchildren, parents, grandparent•, brother ■ and ■i ■ter■ of the
employee or of the employ ■•'• ■pouse.
ARTICLE 21, JURY DUTY
Leave may be granted to an employee fci · ■erving on jury 1"t,•,
Th• employee ■hall be entitled to the differa11cc between ;, ,.s,lh1,~
regular compensation and the fees received for jury duty.
ARTICLE 22. LEAVES OF ABSENCE (WITHOUT PAY)
illg,;Jilllli
Permanent employees covered by this contract may be granted a
leave of absence without pay for reasons of education which ia
allied to the duties of the city, settlement of an estate, child
care, serious illness of a member of the employee•■ family, or
other good causes, but shall not be used for the purpose of
obtaining employment elsewhere. Leave withoct pay shall not exceed
six (6) months of any year but may be extended for good cause upon
reque~t for additional periods of time. The total leave time shall
not lix,:eed one year. Upon return from approved leave, the employee
will be restored to their for111er position it available or to a
position comparable for which tho employee is qualified. During
periods of unpaid leave, employees shall not continue to accrue
service credit, or be eligible for any City benefits.
Application for Leave
A request for leave of absence without pay shall be submitted
in writing by the employee to the Director of Safety services. The
request shall indicate the reason the leave of absence is being
recr~ested and r~e approximate length of leave time requested.
consideration of Leave Request
The Director of Safety Services may grant or 1eny leave
requests, taking j nto consideration the department's •~·k force,
work load and the employee's request.
20 •
•
Failun to Raturn
It an employee tail• to return by th• da ce ot leave
e:cpiration, th• employ•• •hall be con•idered to have voluntarily
rti•i'iJlled trom th11 Hrvice ot th• City, unles• the appointing
~athority determines that unu•ual circwutances ex i~t. ..
ARTICLE 23. PERSONAL LEAVE
All employees covered by th~s Contract on an eight (8) hour
work day shall be granted 48 personal leave hou r~ with pay and
tho•• on a ten (10) hour work day •hall be grant.Id ~o personal
leave hour■ with pay which an employee is entitled to u•• tor the
following purpose ■:
A. T~me lost a ■ a result ol illne•a/injury to the employee
or tha employee' a ime·.liate tamily,
B. Attend personal bus i r,ess,
C, Leisure time ,
F~r any emp l oyee who has not U ■Qd the 48 or SO personal leav e
hours ending October 31 o! each year or any portion ,hereof , the
City will compensate said employee tor tl.e unused time at the
employee's wage rate to be paid during the month o! December o!
that year, Personal leave ti.me shall not exc~ed the 48 or 50 hours
as designated above nor shall it be accumuln~ad or carried over
!rem one year to the next. Personal leave ahall be scheduled and
administered undar the direction o! the Director of Satr.ty Services
tor personal business and lei1ure time. In the event ot
illness/injury in which personal leave is nquested, the employee
shall notify their supervisor or other person designated by the
supervisor at least one (1) hour prior tc their scheduled reporting
time,
21
ARTICLE 24, DISABILITY -TEMPORARY (NON JOB RELATED) •
A, P•l:ioition
Tempor"ry disability ia leave granted
connected injury or illness of an employee
prevents the employee from performing his/her
employee.
tor non-a.ervir.e
which disability
dutiea as a City
B. Provision
The City agrees to provide temporary disability leaYLW.i.th-pa-y~---
tor ample ees ab .nt. as_a~esu-l-t--0£-'-rt! ass/ njury as follows:
0-4 yeara
5-9 ye,,r9
10+ yaars
347 hours
520 hours
693 hours
c. Accumulation an¢ Restoration
Temporary disability lu,ve sha!l not be accwnulative except
that on January l of each year, the City shall restore 1001 ot the
numl:ler of hours previ.Jusly u!rnd by an employee as follows:
0-4 years up to a maximum of 174 hours
5-9 years up to a maximum of 261 houra
10+ years up to a maximum of 347 hours
D, YtilhaUon
l, Authorization for temporary disability l~ava with
pay shall only be granted a!ter the first day of disability.
2. Authorizatic,;1 for temper 1ry disability sh ~·· .i. only be
grantsd for the followi~g reasons:
a. Personal illness or injury not service
connected, including materni ty.
b. Service connected injury or illness only after
the ninety days descril:>ed in Article 25 has
been eJd,.aui;ted.
22
E. Sick Lt•Y• Option
All lick leave accrued by permanent ti!Dploy ·ees prior to
January l, 1980 ahall vast ~ith the amployee, and MY be uaad in
th• following ·maMer:
1. Attar the 6!13 hours as described abov,;i have besn
used unlaaa the employee is entitled for retirement as a
result of disability.
2. By cashing in all accrued aick leave accw:aulated
f---------'un:""'d"'e..,r~th-•---aP":"ru.iouS-:plan-upon-nonial-or-d-tsabi-i-±ty retlrwn
from the city at the rate of one hours pay for each two hours
of accrued sick leave or one hours pay for each four hours
upon separation from the City.
•
3. By cashing in acc.ued sick leave under the previ~~•
plan, once each ysar at the converslon rate of four (4) hours
aick leave for one (l) hour pay, not to exceed a convarsicn of
more than 400 hours each year.
F. Reoortina ot Temporary Disability
The employee or a member of the employee'• household st.all
notify the employee's supervisor nt bast 30 minutes prior to ~.h•
employee I s scheduled reporting time. No t.amporary disahility leave
will :>,e granted tc an employee who fail., to notity their sup•rvisor
prior to the be<,lMing o f the amploy.:11' s work ache:l.ule unless
circumstances beyond the c, crol of the e~ployee would not permit.
G. Yerification of Disability
If the Director of Safety Services requires a physician'•
stat ment of disabil . -'i, the City shall bear the cost of such
physician's state~ent.
H. Abuse of Temporary Disability
Abuse of temporary disability occurs when an employee
misrepresents the actual reason for requesting temporary disability
or when an employee uses temporary disability leave for
unauthorized purposes. An employee who makes a fa~se claim for
temporary disability !eave shall be subje to disciplinary action .
23
ARTICLE 25, ON-THE-JOB INJURY --DISABILITY
A, For any on-the-job injury which cause ■ any employee to be
ab ■ent trom work as a result ot ■uch injury, the City shall pay to
■uch employH his/her full wages from the first day ot his/her
absence from work up to and including the 90th calenda1 day ot such
absence, le11 whatever sums received by the employee as disability
wages under worlcmen '• compensation. After exhausticn of the ninety
(90) days if the employee is still disabled, he/st,e~.utilJ..ze----·-
leave unde hL.pro'.ltisions-ot-ArttcleT,r;--,rne-City reserves the
right to require any employee on injury or disabi~ity have to
1ubmit to an examinatinn(s) by City-appointed physician(s) at the
city's expense or ur.der the provision of workmen's compensation or
the retirement/pen, in provisions es provided under State Statute.
B, All inju~i ,s that occur during woi:king hours shall be
reported to the emplc,yee•s supervisor within 24 hours of the injury
or before the employee leaves their department ot employment unless
circumstances beyond the control ot the employee would not permit,
c. During the term of this Agreement, the City shall pay
one-half (l/2) of the state-mandated contribution for death end
disability pursuant to I 31-31-J ll(4), C,R,S,, tor officers hired
after Ja.:-.uary l, 1997.
ARTICLE 26, LIFE INSURANCE
Term life ins•1r·mce will be proviC:ed by the City for employees
Cl)Vered by this Contract in an '!mount equal to one year's sale.ry as
specified in Article 9.A or B, whichever applies, not to exceed
$50,000.
ARTICLE 27, DENTAL INSURANCE
A, The City will pay eighty-five percent (85\) of the
premium cost for dependent and single coverage for dental insurance
and employees will pay fifteen percent (151) ,,f the premium cost
for dependent and single coverage tor dental insurance.
B, The City agrees to continue to provide each employ8fl
covered by this Contract the same level of dental b"nefits as
24
• , provided to tha as ot .:r~uary l, 1980, ex1.,pt t.'le Cit1 ehell
improve said benefits accordinq to industry ■tandard,i each year,
c. Any disputa concerning the interpretation ~r application
ot benefits under the Dental Plan shall be subject to the dispute
r1■0lution procedure only, (It is expressly under.toed that this
Article is a no ,-griev&bla item under this Contract,)
D, In c rdar to promote a batter und1rstanding ot th• City'■
procedure tor resolving employee dispute■ concerning the
interpretation and application ot the City's h.alth and dental
insurance program, the toll~wing procedures shall be utilized in
those instances where an employee teals tha~ their health or dental
insurance claim has not bean processed or paid in a manr.ar
consistent with th• City's insurance plan.
1, It an employees feels that his/her health or dental
claim has been incorrectly paid or denied, the employee
shall first contact and inform the City•s Risk/Benefits
Administrator in the Human Resources Department at City
Hall,
2. It the disputed claim canr.ot be res<:,lved by the
Benefits Coordinator, the claim will be resubmitted to
thw insurance administrator tor furthei: review and
consideration.
J. It the claim c~nnot be resolved to the satisfaction
ct the employee by the insurance administrator, the claim
will be t~rwarded with all pertinent information to the
City's insurance consultant tor further review enu
inves'tigation and who shall attempt to resolve the
dispute through information and mediation,
4, The written decision ~t City's insurance consultant
concerning claim disputes involving out-ct-pocket
expenses to the employee ot $50 or less shall be final,
Claim disputes involving out-of-pocket expenses to the
employee ot more than $50 ur.l ess resolved by City's
insurance consultant to the satisfaction ot the omploycu1
shall be forwarded to the Colorado Foundation tor Medical
Cara tor a complete review ot the pe~inant tacts (Jiving
riu to the disput,. and shall suhmit to the City a
written deci ■ion wldch ■hall be final. The cost tor
25
aployi.ng tho Colorado Pouncl.etion for Medical care ■hell
be paid for by tta City, •
ARTICLE 28, HULTH INSURANCE • EMPLOYEES/RETIREES
A, The City will pay eighty-five percent (851) per month for
the premium cost for dependant end single coverage end the
employees will pay fifteen percent (l3t) of monthly premiWII coat
for dapendent end single coverage in any of the health plans
offered by the City,
B. Tha Ch:y agrees to continue to provide t:;, each uployee
covered by this Contract the sue level of health benefits as
p::-ovided to them as of January 1, 1980, except the City shall
improve said benefits according t~ industry standards each year.
c. Any d~spute concerning tho interpretation or application
of benefits provided under the Health Insurance Plan shell 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-~ 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 a.~ employee feel•, that their health or dental
insurance claim has not beel" proces!led or paid in a manner
consistent with the City's insurance plan.
l. If an employee feels that his/,!«:: hea lth or dental
claim has bean incorrectly paid or denie d, the employee
shall first contact and inf~rm the City's Benefit
Coordinator in the Employee Services Division at City
Hall.
2. If the disputed claim cannot be re~ol ved by the
BenP.fits Coordin~tor, the claim wi ll be resubmitted to
the insurance ll@inistrator tor further review and
consideration.
J . It the claim cannot be resolved to th.4 satisfaction
of the employee by the i11surance adlllinistratc:r, the claim
26
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will be forwarded with all pertinent information tc the
city•• insurance consultant for further review and
inv-■tigation and who ilhall attapt to r-■olve the
dispute througl:. information and mediation.
4. 'l'h• written daci.Jion of City's insurance consultant
concarnir:g claim dispute ■ involving out-of-pocket
expanses to the employee of $50 or l••• ■hall be final.
Claim diaputea involving ou·.t-of-pocket axpan■a ■ to the
employee of more 1:han $50 unl••• resolved "Y the city••
insuranc~ consultant to the ■ati ■faction o! the uiployaa
shall be forwarded to the Colorado Foundation for Medical
Cara for a complete re'liew of th• pertinent fact ■ givinri
ri ■a to the di ■pute and ■hall submit to the City a
written decision which shall be final. • 'l'he cost for
employing the Colc~ado Foundation for Medical Care shall
be paid for by · :;.tty,
ARTICLE 29, RETIREMENT BENEFI'l'S
A. Retirement benefits shall be provi<'•.d for as stipulated
under state statute. In addition, the cH · shall contir::.:: to
provide the sue level of benefits as provided for in tl:.e Englewood
Municipal Coda.
B. Employee contributions will not be increased abovo the 51
to employees hired pcior to April 8, 1978 and 81 for employees
hired after April 8, 1978 contribution levels unless required by
state s•~atute.
c. It is understood and agreed by both parties that any
referral to health insurance for retirees or future retirees is not
to be construed as a part :if this Contract, The City ~graes
outside this Contract that it will continue to allow retirees and
future retira .. s a conversion privilege to the health insur11.nce
conversion plan av ail~ble through i;he City. The City a l so agrees
to pay 50% of t:he cost of cove::age of the conversion plan or other
plan selected by the retiree up to miu:imum of $75,00 per month for
employees who retired on or before December 31, 1994; and up to a
11111ximum of $100,00 par month for employees who retire on or after
January 1, 1995.
27
ARTICLE 30. RUL!S AND REGULATIONS
Exce~t a1 limited by the expr••• tams ot this Contract, th•
City retain ■ tile right to pr011ulgat1 reasonable rules, regulations,
policies, procedures and directives. Said rules , regulations,
policies, and procedures and directives which are an alleged
violation of this Contra ct shall be subject to t he grievance
procedure.
ARTICLE 31. TUITION REFUND
Upon recommendation of the Director of Safety serviC$S and
after prlor approval of the Hl.llllan Resources director, the City of
Englewood shall reimburse a permanent, full-time police officer
upon suc;ceseful completion of an :.;pproved course or courses in
education or vocational training up to the highest rate charged by
,,ny Colorado public post-secondary institution. The Cu.lrsa or
training must be complet,id at an accredited college or university,
must be related to ~.1e work, be d~sig!'1ed to improve competence in
the j ob, and be of val'.1e to the police officer'■ service to the
City. This shall i ·nclude all tuition, and required texts.
A.ll.T I CLE 3:. DUES DEWCTION
A, The City a,1reei: to duduct the Association dues once each
pay period from the pay of those empli:y.:•s who individually request
i n writing that such dedu,·t!o·ns be :n,.ade, sub:k ct to the garnishment
law,; of tho State <Jf Coloradri. Tl,.:.: amount11 to be deducted shall be
c.;rtified to the City Finance Director by the Treasurer of the
:.Usociation, and ·che a;greg:1te deductions of all employees shall be
remitted together witti an itllll.l.z:ed statement to tile Treasurer by
the 15th of the succeeding month, after such deductions are made.
The authorizati on shall be r evocable during the tRrm of the
Contract, upon a t h irty (30) day written notice by the employaa to
he City Finar.c e Directr,r,
a. If no wages are paid an aathorized employaa on the las t
,.., ~::.riod c:,f a giv en pay period, deduction for that pay period
will be mad •a from anif wages which may be paid to him/her on the
next succee.d ir.g fi nal mom:hly City pay period. It i s expressly
understood that t h e city assumes no liability and shall not be
liable 1:or the collection or payment to the Association of any dues
28
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during any time that an aploy~• ia not actually working tor the
City and actually on the payroll ot the city. In the event ot
error on the chee <ott liet, the City will not be reaponaible to
make adjuatllents, until notified by the Trea11urer ot the
Association,
c. The Associat on ■ball indemnity and hold the City
harmless against any and all claims, suit:1, order■, or judgments
brought or .:.~sued against the City as a :usult. ot any action take11
or not taken ~y the city under the provi~ion ot thi ■ Art.I.cl ...
D. Changes in the dues amount to be deducted ■hall be
limited t~ two (2) changes each year, and provided a thirty (30)
day written notice is provided the Ci ty finance Director.
E. Should the change in the deduction amount or method
requ.lre a computer programming .:hange, the Association shall be
respons ible tor that cost ot auc·11 change or changu,. at $JO per
hour with a tour (4) hours maxbn r... Payment trom the Aa ■ociation
shall .be made to the City Finan·:•. Director within ten (10) days of
receipt of billing.
ARTICLE 33. ASSOCIATION ACTIVITIES
The City agrees that during worki 1g hours on t:1e City pre~,isas
and without loss of pay, Association representa'.;ives may be allowed
to: attend Association-management meetings; attend negotiation
sessions; post A~sociation notices on City designated bulletin
boards; solicit Association memberships during employee's non•·work
time; and represent employees on grievances and disciplinary
matters provided tJ-.e work load permits as determined by the
Director ot Safety Services or designated representative and
requires no overtime pay.
AF.1'ICLE 34, LETTER OF CORRECTIVE ACTION
A. oral Corrective Action -Whenever grounds for corrective
action exists and ths supervbor determines that the incident,
action or behavior o f the employee i such th~t more severe action
is not immediately necess ,,ry, the supervisor should orally
communicate to the employeti ~he supervisor's observation of the
problem and offer assistance i n correcting the situation. Wber, a.'1
29
oral corrective action is given, the ■upervisor ■t.ould en1'ure that
the employee's departm~~tal personnel rils is documented to ■how
th• date or the corrective action and the nature of the corr•ctiva
action. The employee should be advised that the corrective action
will be documented in the employee's departmental rile. Exuplos
or reasons that may result in an oral corrective act!on are listed
under Englewood Municipal Coda, section 3-lM-4.
B. Written Corrective Action When the supervisor
determines that a written corrective action is appropriate and
necessc1ry, the corrective action shall be addressed to the employee
and shall include the violation; the specific behavior and the
dates or the behavior (when appropriate) that support the charge;
the warning that continuance of this behavior will result in
disciplinary action; and an offer of assistance in correcting the
behavior.
A signed copy of. the corrective action by the supervisor shall
be includec. in the employee's official personnel file in the
Employee Relations Office, and the employee shall have the
opportunity to submit written comments in response to the
corrective action to be included in the file. After a period of
one (1) year from the date of the filing of the writte~ corrective
action, the employee's current and regular supervisor shall review
said letter and provide a follow-up letter indicating the status of
the written corrective action. Examples of reasons that may result
in a written corrective action are listed under Englewood Municipal
Code, Section 3-lM-4.
r:. The emr,loyee retains the right to request an
administrative relTiew of the written corrective action. The
:Jirector of Safel:y services shall develop this administrative
review proc~dure which shall at a minimum consist of a board with
equal repr.·esent.ation of command staff to be sele,,:.:ee by the
Director ~f Safety Services, 4nd Association members '..o be selected
by the employee. This boarc. shall be advisory to the Director of
Jafety Services, and its fin~ings shall be placed in the employee's
personnel file . This Article shall not be grievable under this
Contract. If this procedure l.s not observed, at the request of the
Association a meeting may be held between the Department, tlle City
Manager's office and the Assoc iation t o address this isr.ue.
30 •
ARTICLE 35, DISCIPLINARY ACTION
Disciplinary actions are those peraon~el action, adllliniatered
against an employee tor an otten ■ive act or poor job pertoriaance,
which actions adversely affect tile current pay, currant atatu,, or
tenure of the employee,
1. Disciplinary action penalti-■ include suspension,
demotion, and discharge of an employee.
2. Disciplinary a.::tion may be administered concurrently with
corrective actions.
3. Reasons for disciplinary action are defined under J-lll-4
of the Municipal Code.
An employee shall be allowed at his/her discretion one (l)
association representative to be present during pr'!disciplinary
meetings. This provision shall apply only when an employee desires
the assistance of an Association repr.esentative and only when the
employee believes that di•·ciplinary action as defined above may be
taken against the employee.
ARTICLE 36. GR T!:VANCE PROCEDURE
A grJ~vance is defined as an alleged violation concerning the
interpre ,tion or application of a specific provi.sion o~· this
contract. The employee and the Association s:iall Ile required to
follow tbe procedure as set out below.
lli!Ll
If the employee/Association is unable to settle the grievance
or dispute orally and informally through his/her immediate
sup ervisor within seven (7) calendar days of the date of the
occurrence of tha grievance, or the employee's knowledge of it, the
employee may within the s ·ucceeding seven (7) calendar days fi l e a
writ,:en grievance with his/her supervisor. The supervisor sh.;.ll
attempt to resolve the matter and shall respond in writing to tile
employee ~ithin s3ven (7) calendar days. An Association or gen~·el
grievance shall be presented directly by the President of EPl'..A or
his deoignee to the Director of S&fet~• Services,
3l
~ \ YRJ.,
It the grievance still r~ihs unresolved, it shall be
presented by the employee to the Division Chief in writing within
seven (7) calenda.t' days following receipt ot the supsrvisor's
response, The Division Chit,! shall respond in writing within seven
(7) calendar days.
It the ;rrievance stili. ramains unresolved, it ■hall be
presented by the employee to the Director ot Safety Services in
writing withir, seven (7) calendar days following receipt ot the
Division Chief's response. The Director of Safety Services ahall
,:ssponcl in writing within aeven (7) calendar days.
llilLi
It the grievance still remains unresolved, it shall be
presented by the emr,loyee to the City Manager in writing within
&,•,en (7) caler,dar days following receipt ot the Director ot sarety
Services' response, The City Manager or his/her designated
representative shall :i:espond in writing within fourteen (14)
calendar days.
lli!Ll.
If the grievance .is still unresolved, ·1e employee within
f~urte~n (14) calendar days after the reply of the City Manager or
his/her designated representative, may by written notice request
t~e matter be heard by an arbitrator, I f within five days ot the
ruquest tor arbitration the Association and the City caMot
mutually agree on an impartial arbitrator, a request will be tiled
with the American Arbitration Association for II panel of seven
arbitrators to be sent to the parties. The arbitrator shall be
selected by a method of alternative striking of names from the
panel, with the first strike determined by a coin flip. The final
name left on the panel shall be the arbitrator. Tr.d arbitratc•r
shall be requested to issue II decision within thirty (30) da}·s
after conclusion of testimony and argument.
Each par~y shall be responsible tor compensation to its own
representative& and witnesses. The tees ot the arbitrator shall be
shared equally by the Association and the City. It either party
32
•
desires a verbatim record of the proceedings, it may cause such a
record to be made, provided it pays for the record and ~akes copies
available to the arbitrator. It the other party wishes to have a
cllpy o ·! the transcript, it shall share equallr all coats d.~ the
tnnscript.
Failare by an employee or the Association to comply with any
time limitation shall con11titute a settlement cf the c;rievan,:e.
Should the employer not respond within tho prescribed ti.me, the
grievance will automatically proce,,d to the next step. At th•
employee's option, the employer may ca allowa.cl ndcht!llnal til!lo to
respond.
T!le arbitrator shall have n,.1 power to add to or s\!bt::c ".·i: . ,:,1111
or change the terms of this Contract. Th• wr ii:Lut1 deci a .:.on _•! t.he
arbitrator shall he final and binding upon the parties. The
arbitrator shall limit his/her decision strictly to tl10 grievance
.ubmitted which has been properly processed through the griav3ncu
procedure outlined.
Processing Grievance puring Working Hour s
Grievan-:es may be investigated and processed by th.-. employee
and one (l) on-duty association representative at th11 employee's
request during work ing hours within reasonable time limits without
loss of pay provided notice is given and the work load permits.
AR'rICLE 37. EXCLUSIVENESS OF CONTRACT
The City and the Association agree that the terms and
provisions herein contained constitute the entire Contract between
the parties and supersede all p=evious communications,
representatives or agreements, either verbal or written, between
the parties with respect to the 3ubject matt er herein. The City
and the Association agree that all negotiable items havft been
discus3ed during the negotiations leading to this Contract and,
therefore, agree that negotiations will not be reopened on any item
during the life of this Contract except by mutual agreement of the
parties.
33
IN lfITNES/:1 WHEREOF, the partiu have cauaed thia conti·act to
be signed by their respective repnsentativu, and their signatures
placttd thereon, on this ___ day o! ________ , 19t_, at
Englewood, Colorado.
CITY OF l!NGLEWOOD
Mayor
1,TTEST:
City Clerk
City Manager
34
ENGLEWOOD POLICE BENEFIT
ASSOCIATION
•
•
SEMPLE, MILLER A MOONEY, P.C.
IIIHTINKMPU
aas111U.D
l'UIIC&I.~
~IC.ODOWIIU
IIATIILIIN Ill. INANNON
ILIZAKT1I J. IYAff
IVUI c. TOI.USON
Daniel L BrolZlllall, Esq.
CltyAltomey
City of Englewood
A11ant1111tLaw
n, CIII-, hlltll•c, Suitt 13Vi
1UI Li...i■ Strnt
DeliHT, CeMrNO 1'213
Ttle,u .. lll•S95.et41
Fu 3'3-IH•Htll
October 29, 1999
..,_
nlD C, IRJNLWWI
BY FAX TRANSMISSION
(303) 762,2331
3400 South Elati Street
Easlewood. Colondo 80110
Ra: Cty of Eqlr,,wd~ Police Bemfit ,.\s.1ociatioll
2000 • 2001 Col.leclM Barpimag Agreement
DtarDan;
~ we dlsc:uucd, a senwice wu omitted illadvertently from the &lla1 vmioa of Ille
Enpwood/EPBA 2CXJO.D'll collecti¥e barpinillg agtlCJIICllt 111bmlnecl to CilJ Cowd
Prior to appl'OYI! of the COl1traci, Council sbould be advised th at the final vcrsioD sbotlld
ioeh:dc tho ColJ.OWffll scatc!ICC Ill the CDd o( Al1iclc 24.C., OD pqc 22:
wcli restoration shall conii."'IUC each ~ until .111ch time a, die
employee accruca the mmmum IJWllber of houn for wbicb lie
or she ii eligible Wider Anidc 24.B.
'Ibis la;:,~f; WIS added to the contract U part 11! Ille overall WlWM: qreemell1
reached in nqori~tlons. II doe, DOI reflect. subsli.4tiYe cbange to the contract; il meN!y
uplaim the City', h 111-5taDdiug practice wilb rapect 10 res101-ation of temporary disability
leaw. Prior to w:anion of the comract by tbe parties, Ibis sentence will be added ro the
contract.
PBM/]sa
enclosuce
Sincerely,
SEMPLE. MD.l.ER & MOONEY, P.C.
t1k~ ~"<5
Patria B. Mooney
cc: Ma. Sue Eaton
COUNCIL COMMUNICATION
Date Agenda Item Subject
November 1, 1999 Collective Bugainlng
Agreement Between the City
llci and the EPBA for
WOOand2001
Staff Sour::e Initiated By
Human Resources Department Sue Eaton, Director of Human Resources I
COUNCIL GOAL AND PRE'.'IOUS COUNCIL ACTION
The previous Collecti-,e Ba:gaining Agreement witn the Engle wood Police Benefit .k.sociation
was approved b y Council for 1998 an d 1999.
RECOMMENDED ACTION
Still requests Council approval of the Collective Bargaining Agre<.ment between the
Enr,1ewood PolicP. Benefit Association and the Citv of Engl•iwood for the YP ~rs 2000 anr.i. 2001.
The contract covers approximately 55 employees.
BACKGROUND, ANALYSIS, AND AL TERNA ID'ES ID[NTIFIEO
The City of Englewood and the Englewood Police BenPfit l ;.50Ciation enter~d into
negotiations in May of 1999 in accordance with the City of Englewood .:.harter. The members
of the Englewood Police Benefit Association duly ratified , by a majority vote , the Collecti ve
Bargaining Agreement.
1he significant changes lo the contract are as follows :
1. Under Article 9 employees covered by the Contract will receive a four and four-tenths
percent (4.4%) increase on the 1999 base wage rate effective January 1, 2000 and a four
percent (4%) increase on the ~000 base wage rate effective January 1, 2001. In accordance
with Article 1.A., wage rares may be subject to negotiation for the year 2001 .
2. Article 10, Longevity Compensation has been deleted and repla ced with Performance
Stipends. Article 10.A. now reads : Each Police Officer I shall be eligible for a stipend in
an amount determined by the Director of Safety Services, up lo • total of $600 each year.
'' The contract was approved with the Wlderstanding that a proposal will be subljllitted to
the EBPA regarding the criteria of how the Stipend can bE e1rned no later than May 15,
2000
3. The agreement limits the number of non-biddable positions in the Uniform Patio! Bureau
to nine . (Article 6)
' , 1
IJ r l n11,
FINANCIAL IMPACT
The impact of the salary increase on base wages is approximately $106,302 for 2000 and
$100,890 for 2001 .
LIST OF ATTACHMENTS
Proposed Resolution
EBPA Collective Bargaining Agreement 'or 2000 and 2001