HomeMy WebLinkAbout2019-095 Agreement Ashland and Ashland Police Associatin AGREEMENT
CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
July 1, 2018 — June 30, 2021
TABLE OF CONTENTS
PREAMBLE 6
SCOPE OF AGREEMENT 6
ARTICLE I -RECOGNITION 6
ARTICLE II-ASSOCIATION SECURITY 7
2.1 Check off 7
2.2 Dues Cancellation 7
2.3 Hold Harmless 7
2.4 New Hires 7
2.5 Bulletin Boards 7
2.6 Association Representatives 7
2.7 Solicitation 8
2.8 Visits by Association Representatives 8
2.9 E-Mail Usage 8
2.10 Discipline Notices 8
ARTICLE III -MANAGEMENT RIGHTS 8
ARTICLE IV - STRIKE PROHIBITION 8
ARTICLE V- HOLIDAYS 9
5.1 Recognized Holidays 9
ARTICLE VI- VACATIONS 9
6.1 Eligibility 9
6.2 Continuous Service 10
6.3 Accrual Limitations 10
6.4 Scheduling 10
(A) Bid 10
(B) Other Requested Time Off 10
(C) Cancellation for Emergencies Only 11
6.5 Payment on Termination 11
ARTICLE VII - HOURS OF WORK 11
7.1 Work Hours 11
7.2 Workday 11
7.3 Workweek 12
7.4 Work Schedule 12
7.5 Shift Rotation 12
7.6 Rest Periods 13
7.7 Meal Period 13
7.8 Overtime 13
7.9 Call-back Time 14
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7.10 Compensatory Time 14
7.11 Shift Trades. 14
7.12 CSO Work Schedule 14
ARTICLE VIII - SICK LEAVE 15
8.1 Accumulation 15
8.2 Utilization for Illness or Injury 15
8.3 Integration with Workers' Compensation 15
8.4 Sick Leave Without Pay 16
8.5 Termination 16
8.6 Pay for Unused Sick Leave 16
8.7 Sick leave payout upon retirement 16
ARTICLE IX- OTHER LEAVES OF ABSENCE 16
9.1 Criteria and Procedure 16
9.2 Jury Duty 16
9.3 Appearances 17
9.4 Required Court Appearances 17
9.5 Election Day 17
9.6 Association Business 17
9.7 Educational Leave 17
9.8 Military Leave 17
9.9 FMLA and OFLA Leave 17
9.10 Compassionate Leave 17
9.11 Failure to Return from Leave 18
ARTICLE X -COMPENSATION 18
10.1 Pay Schedule 18
10.2 Pay Periods 18
10.3 Overtime Compensation 18
10.4 Standby Pay 18
10.5 Incentive Pay 18
10.51 -DPSST Incentive Pay 18
10.52 -Educational Incentive Pay 19
10.53 - Longevity Incentive Pay 19
10.55- Fitness Incentive 19
10.6 Special Assignment Pay 20
ARTICLE XI - DISCIPLINE 21
ARTICLE XII - SETTLEMENT OF DISPUTES 23
12.1 Grievance and Arbitration Procedure 23
Step I 23
Step II 23
Step III 24
Step IV 24
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ARTICLE XIII- SENIORITY 24
13.1 Definition of Seniority 24
13.2 Layoff and Recall 25
13.3 Suspension of Seniority 25
13.4 Termination of Seniority 25
13.5 Probationary Period 26
13.6 Notice of Recall from Lay-off Status 26
ARTICLE XIV-PROMOTIONS 26
14.1 Postings 26
14.2 Promotional Probationary Period 26
ARTICLE XV-GENERAL PROVISIONS 27
15.1 No Discrimination 27
15.2 Professional Standards and Safety Committee 27
15.3 Rules 27
15.4 Other Employment 27
15.5 Uniforms,Protective Clothing and Devices 27
15.5 A—Equipment/Clothing Allowance 27
15.6 Educational Allowance 28
15.7 Position Description 28
15.8 Personnel File 28
(A) Inspection 28
(B)Employee Signature 28
15.9 Training 28
15.10 Travel Time for Training and Other Off-Site Activities 28
15.11 Fitness for Duty 29
ARTICLE XVI-HEALTH,WELFARE&RETIREMENT 29
16.1 Employee Health Benefits Advisory Committee 29
16.2 Retirement 29
16.4 Deferred Compensation 29
16.5 Reemployment of Retired Employees 29
ARTICLE XVII—WORKERS' COMPENSATION 30
ARTICLE XVIII-LIABILITY INSURANCE AND INDEMNIFICATION 30
ARTICLE XIX- SAVINGS CLAUSE AND FUNDING 31
19.1 Savings Clause 31
19.2 Funding 31
ARTICLE XX-TERMINATION AND REOPENING 31
APPENDIX"A"-CLASSIFICATIONS WITHIN BARGAINING UNIT 32
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APPENDIX"B"-WAGE SCHEDULE >3
APPENDIX"C"-HEALTH AND WELFARE BENEFITS 34
APPENDIX"D"-TRAVEL AND EXPENSE POLICY 3>
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AGREEMENT
Between
THE CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
PREAMBLE
This Agreement is entered into by the City of Ashland,Oregon,hereinafter referred to as the"City,"and the
Ashland Police Association, hereinafter called the "Association". Unless indicated otherwise, reference to
the "City" herein shall include the Mayor and City Council or their designee(s) as the officials directly
responsible for the operation of the department covered by this Agreement. The purpose of this Agreement
is to set forth the full and complete Agreement between the parties on matters pertaining to rates of pay,
hours of work and other conditions of employment.
SCOPE OF AGREEMENT
This Agreement shall apply to all employees of the Police Department, Ashland, Oregon as set forth in
"Appendix A," but excluding members of the Ashland Police Reserves, irregular part-time employees,
seasonal and temporary employees, supervisors and other classifications as set forth in Appendix A.
Where the term "employee" is used, it shall mean regular full or part-time employees or probationary
employees within the bargaining unit,as defined in Article XIII and Appendix A.
The parties agree as follows:
ARTICLE I-RECOGNITION
1.1 The City recognizes the Association as the sole and exclusive bargaining agent for the purposes of
establishing rates of pay, hours of work and other conditions of employment for all employees within the
bargaining unit described immediately above.
1.2 When any position not listed on the pay schedule is established, the City shall designate a job
classification and pay rate for the position. The Association shall be notified and the pay rate established by
the City shall be considered tentative until the Association has been afforded the opportunity to meet and
confer on the matter. If the Association does not agree that the classification or pay rate is proper, the
Association may pursue its bargaining rights in accordance with PECBA.
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ARTICLE II-ASSOCIATION SECURITY
2.1 Check-off. Any employee who is a member of the Association or who has applied for membership
shall sign and deliver to the Association, who shall forward to the City, an original assignment authorizing
deductions of membership dues in the Association. Such authorization shall continue in effect from year to
year unless revoked or changed in writing. Pursuant to each authorization the City shall deduct such dues
from the first salary check of said employee each month,which will be sent to the attorney on retainer. The
second salary check of the month will have dues pulled and will be direct deposited in the APA's savings
account.
2.2 Dues Cancellation. Employees may cancel their membership in the Association at any time
subject to the employee completing the dues cancellation form. Any employee who elects not to pay dues
will not be a member of the Association.
2.3 Hold Harmless. The Association agrees to hold the City harmless against any and all claims,
orders or judgments brought or issued against the City as a result of any action taken or not taken by the
City under the provisions of this article. Upon written notification by the Association of a check-off error,
the City will make adjustments within thirty(30)days of receipt of such notification.
2.4 New Hires. The City will notify the Association of all new hires in the unit within two (2) weeks
after their having been employed, furnishing the Association with the new employee's name, social security
number,mailing address and position for which he/she has hired.
2.5 Bulletin Boards. The City agrees to allow suitable wall space in the Police Station, not to exceed
3'x 3'for bulletin boards to be used by the Association for the posting of notices and bulletins relating to the
Association.
The Association shall limit its posting of Association notices and bulletins to such bulletin board, which
shall be used only for the following Association notices and bulletins:
A. Recreation and social affairs of the Association
B. Association meetings
C. Association elections
D. Reports of Association committees
E. Communications from the Association to the bargaining unit
G. Current events regarding Association activity
2.6 Association Representatives. Employees selected by the Association to act as representatives shall
be certified in writing to the City by the Association. Duties required by the Association representatives,
except attendance at meetings with supervisory personnel and aggrieved employees arising out of a
grievance already initiated by an employee under Article XII, shall not interfere with their or other
employees' regular work assignments as employees of the City. Contacts between Association
representatives and employees or the Association may be made during working hours so long as the contact
does not disrupt regular Department operations. A maximum of two (2) employees shall be permitted to
attend negotiation and mediation sessions during regular working hours without loss of pay. Additional
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team members, as well as employees who participate in negotiations or mediation during off duty hours,
will not be paid for such attendance.
2.7 Solicitation. The Association agrees that its members will not solicit membership in the
Association or otherwise carry on Association activities during working hours, except as specifically
provided in this Agreement.
2.8 Visits by Association Representatives. The Ci ty agrees that accredited representatives of the
Association, upon reasonable and proper introduction, may have reasonable access to the premises of the
City at any time during working hours for the purpose of assisting in the administration of this Agreement,
if they first obtain permission to do so from the Police Chief or his/her designated representative. In no case
will such access be unreasonably denied.
2.9 E-Mail Usage. The Association and Association representatives shall be allowed to use City e-mail
to communicate with Association members for the purposes set forth in Section 2.6 above. Employee use
of e-mails and internet access is governed by the City's Electronic Media and Services Use Policy, as it
currently exists or is subsequently modified.
2.10 Disciplinary Notices. The city will provide the Association President or representative if the
Association President is not available,copies of all disciplinary notices within 24 hours of the issuance of
such notice to an employee within the bargaining unit. This notice shall be in writing and be delivered in
person unless both the Association President and the Management representative handling the discipline
mutually agree upon another form of service. As long as good faith efforts are made to satisfy the notice
requirements of this section unintentional failure to comply will not invalidate the discipline or discharge.
ARTICLE III-MANAGEMENT RIGHTS
3.1 The City shall retain the exclusive right to exercise the customary functions of management
including,but not limited to,directing the activities of the Department; determining the levels of service and
methods of operation including contracting and subcontracting, and the introduction of new equipment;the
right to hire, lay-off, transfer, and promote; to discipline or discharge for cause as defined in Article XI; to
determine the content, duties and responsibilities of job classifications; to make, revise and discontinue
rules, consistent with the terms of this Agreement; to determine work schedules and assign work; and any
other such rights not specifically referred to in this Agreement. The failure by the City to exercise its rights
under this Article or to exercise its rights under this Article in a particular way shall not be taken as a waiver
of such rights.
ARTICLE IV- STRIKE PROHIBITION
4.1 The Association and its members, as individuals or as a group, will not initiate, cause, permit or
participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any other restriction
of work at any location in the City. Employees in the bargaining unit, when acting in the course of their
employment, shall not honor any picket line established in the City by the Association or by any other labor
organization when called upon to cross a picket line in the line of duty. Disciplinary action, including
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discharge may be taken by the City against any employee or employees engaged in a violation of this
Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not
preclude or restrict recourse to any other remedies, including an action for damages, which may be
available to the City.
4.2 In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a picket
line,or other restriction of work in any form,either on the basis of individual choice or collective employee
conduct, the Association will immediately upon notification, attempt to secure an immediate and orderly
return to work of its members. This obligation and the obligations set forth in Section 1 above shall not be
affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether
such subject matter is or is not subject to the grievance and arbitration provision of this Agreement.
4.3 The City agrees that there will be no lockout of employees of the bargaining unit as a consequence
of any dispute with the Association arising during the term of this Agreement.
ARTICLE V-HOLIDAYS
5.1 Recognized Holidays. In recognition that police work is a constant endeavor, and in recognition
that police personnel very often after work holidays, COA will establish a holiday leave bank for each
member in the amount of 100 hours. This holiday leave bank may be used by the employee to take time off
through-out the year if operational needs are met. If any time remains in this bank at the end of at the end
of the first pay period in December,the remainder will be paid out at the employee's present rate of pay and
will be included in the first paycheck in December. On the first business day of the following pay period,
or as soon as possible,COA will recharge the holiday bank back to 100 hours for the following 12 months.
ARTICLE VI-VACATIONS
6.1 Eligibility. An employee shall be eligible to take accrued vacation leave with pay after one (1) full
year of service with the City. Regular full-time employees shall accrue vacation leave on a monthly basis in
accordance with the following schedule:
A. Employees with less than four (4) full years of continuous service shall accrue ten (10)
hours of vacation credit for each calendar month of service.
B. Employees with more than four (4), but less than nine (9) full years of continuous service,
shall accrue twelve(12)hours of vacation credit for each calendar month of service.
C. Employees with more than nine (9), but less than fourteen (14) full years of continuous
service, shall accrue fourteen (14) hours of vacation credit for each calendar month of
service.
D. Employees with more than fourteen(14),but less than nineteen(19)full years of continuous
service, shall accrue sixteen(16)hours of vacation credit for each calendar month of service.
E. Employees with more than nineteen (19), but less than twenty-four (24) full years of
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continuous service shall accrue nineteen (19) hours of vacation credit for each calendar
month of service.
F. Employees with more than twenty-four(24) full years of continuous service shall accrue 20
hours of vacation credit for each calendar month of service.
Regular part-time employees covered by the Agreement shall receive prorated vacation benefits in
accordance with the above schedule.
6.2 Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit,
shall continue unless one of the events listed in Article 13.4 occurs.
6.3 Accrual Limitations. Vacation leave taken shall not be in excess of the amount actually accrued
at the time it is taken. An employee may accumulate up to two years of vacation at the applicable accrual
rate for their length of continuous service. The City shall notify an employee thirty(30) days in advance of
pending loss of accrued vacation time. The City will post every employee's maximum accrual limitations
on the Department bulletin board and will periodically update accrual postings. An employee who is about
to lose vacation credit because of accrual limitations, may notify his/her immediate supervisor fifteen (15)
days in advance of his/her need to be absent to prevent such loss. Such action taken by the employee shall
not constitute a basis for disciplinary action or loss of pay. If an employee does not take his/her accrued
vacation time after being notified by the City, such vacation credit shall be deemed forfeited, unless failure
to take vacation is caused by the City's insistence that the employee be at work. In the event that the City
insists that the employee be at work,the employee will be allowed to accumulate vacation leave in excess
of the maximum or be paid for such leave,at the City's discretion.
6.4 Scheduling. Vacation time off may be taken in as little as 15 minute increments.
A. Bid.Employees shall be permitted to request vacation on the basis of classification seniority
annually. All days of the year shall be available for the annual seniority bid. The vacation
schedule shall be posted as of December 1'and will be closed as of January 1t. Subsequent
changes to the bid may be made only by mutual consent of the parties. Employees may
submit a request for three blocks of time off during each annual bid. Based upon
classification seniority and subject to reasonable operation needs of the Department,
employees shall be awarded three bids.Each employee will be allowed to exercise their first
bid choice before any employee is granted a second bid choice.Each employee will then be
allowed to exercise their third bid choice after the completion of the second bid choice.
Junior members of the bargaining unit may not be awarded three bids, if they are outbid by
more senior members.
B. Other Requested Time Off. After the annual bid has concluded, employees may
request additional time off on a first come first serve basis. Such requests shall not be
denied because of supervisory time off, unless such supervisory time off was approved and
posted prior to an employee's submission through the current electronic scheduler.
Vacation time shall be granted if no overtime is incurred, consistent with operational needs.
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Nothing in this subsection prohibits the City from allowing a vacation request even if the
request requires the payment of overtime.
C. Cancellation for Emergencies Only. Once an employee has been approved to take time
off work,that time cannot be cancelled by the city except in the case of an emergency. If an
employee has approved time off, he or she cannot be ordered to work his/her regular days
off directly prior to, or after the time off, or days which fall within the approved time off,
except in the case of an emergency.
6.5 Payment on Termination. In the event of death,termination or other severance of employment of
an employee during the initial twelve (12)months of his/her employment, no vacation is considered earned
and no payment in lieu of vacation shall be made. In the event of death, termination or other severance of
employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for
vacation credits, the employee shall be entitled to payment for accrued vacation leave at the wage rate
applicable on the date of severance of employment. In the event of death, earned but unused vacation leave
shall be paid in the same manner as salary due the deceased employee is paid.
ARTICLE VII-HOURS OF WORK
This article is intended to be construed only as a basis for recognizing overtime, and shall not be construed
as a guarantee of hours of work per day or per week. Any flex-time arrangements must be through the
current electronic scheduler and mutually agreed between the City and the Association.
7.1 Work Hours. The regular hours of a regular full-time employee shall be five (5) consecutive eight
(8)hour days followed by two (2) consecutive days off or four(4)ten (10)hour days followed by three (3)
consecutive days off, or a twelve (12) hours shift as mutually agreed upon by the Association and as
determined by the City consistent with operational needs.
7.2 Workday. The workday shall consist of an eight(8) or ten (10) hour or twelve (12) hours within a
twenty-four (24) hour period, including rest periods (i.e. the 24 hour period will begin at the start of the
employee's work day and end 24 hours later). This section shall not apply to scheduled training days, so
long as the employee has eight(8) hours off work between the end of the training session and beginning of
his/her normally scheduled shift. If less than eight (8) hours is allowed, overtime shall apply for all hours
worked on the employee's normally scheduled shift with less than eight (8) hours off work. If, for any
reason training is canceled the City may return the affected employees to their regular work schedules
without incurring overtime.
If an officer is needed for official duty during his usual off-time and was not able to get enough rest to
safely report for duty at the scheduled start time,the officer is entitled to eight(8) hours off in order to rest
between the end of the officer's official duty and the start of the officer's regular shift. If this eight(8)hours
rest period overlaps with the officer's scheduled shift hours, the officer will be paid as though he had
reported for work at his usual start time. This will not be charged against any leave bank. If staffing allows
the officer may take the entire shift off using accumulated leave time, however, the officers leave bank
will not be charged for that time that contributes to the 8 hour break.
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7.3 Workweek. The workweek shall consist of a seven(7)day work schedule with five(5)consecutive
• eight (8) hour days, followed by two (2) consecutive days off or four (4) consecutive ten (10) hour days,
followed by three(3) consecutive days off or a 12 hour work schedule agreed upon by both the City and the
association. If the employees are scheduled to work a twelve hour schedule they will receive overtime pay
for any time worked over their assigned work scheduled time.
An employee may, upon approval of his/her supervisor, work a scheduled day off in exchange for another
day off during their regular workweek. However, the following conditions must be met to allow for a
modification in the employee's scheduled workweek:
A. The modification cannot cause the City to incur overtime obligations.Employees requesting
such modifications waive their right to receive overtime under Section 7.4 for working
outside their regular work schedule for the period of the modification. Additionally, the
request will be denied if the modification would cause the City to incur overtime obligations
to another employee.
B. Any requests for a change in an employee's workweek must be submitted in the electronic
scheduler.
C. Denial of an employee's request for a modification in the employee's regularly scheduled
workweek shall not be grievable.
7.4 Work Schedule. All employees shall be scheduled to work on a regular shifts and each shift shall
have regular starting and ending times. Work schedules showing the employee's shift,workdays and hours
shall be posted (30) days prior to their effective date, except for emergency situations and for the duration
of the emergency, and except for scheduled training for which ten(10)days' notice is required. Employees
will normally be given seven(7)calendar days advance notice of any change in their work schedule,which
is required by the City. Employees whose work schedules are changed by the City without seven (7)
calendar days advance notice will be paid at overtime rates for time worked outside their regular work
schedule,except under the following circumstances:
A. When the scheduling changes are made in response to an emergency (Act of God, natural
disaster, civil unrest,or governmental declaration of emergency)and only for the duration of
the emergency;
B. When scheduling changes are made to accommodate non-mandatory training, for the
employee requesting and attending the training only;
C. Upon mutual agreement between the City and the employee.
D. The Association retains the right to perform an upgrade to the shift assignments according
its rules assuming doing so would not cause operational hardships on the department.
7.5 Shift Rotation. Employees shall rotate work-shifts by bidding for 4-month work cycles each
calendar year. Bidding shall be conducted annually, commencing on November 1' and ending on
December 1'.
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Employees will be awarded shifts within the classification they are assigned, based on classification
seniority. Prior to or during the bidding process, no shift with days off can be reserved for probationary or
new hires. Prior to or during the bidding process, notation must be made to leave a specified number of
shifts with days off vacant for probationary or new hires.
In the event of a vacancy/vacancies on a shift with eight(8)or more weeks remaining in a shift rotation,the
Association may elect the right to upgrade the shift rotations for the remainder of that three (3)month work
cycle. All upgrade must be completed by the Executive Board during regular working hours and must be
confirmed by the Association in writing, within one week of the date the employee leaves the City's
employment.
All employees who exercise upgrading rights waive the right to seven (7) days advance notice of shift
changes under Article 7.4.
Any officer, who at a shift rotation is rotating from one shift to another, and who, because of this rotation,
would be compelled to work two shifts in a row, without a break, is entitled to an 8 hour rest period
between the shifts, at regular rate of pay. This will not be charged against any leave bank.
Notwithstanding the above, employees who are assigned to light-duty position to recover from on or off-
the-job injuries or illnesses may be assigned to shifts to accommodate their light-duty position without
regard to seniority.
7.6 Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during
each half shift,which shall be scheduled by the City in accordance with its determination as to the operating
requirements and each employee's duties.
7.7 Meal Period. To the extent consistent with operating requirements of the department, meal
periods shall be scheduled by the employee at the time of his/her choosing. Employees will attempt not to
schedule their meal period during the first or last hour of their assigned shift. The meal period shall be
thirty(30)minutes and shall be considered on-duty time.
7.8 Overtime. The City has the right to assign overtime work as required in a manner most
advantageous to the City and consistent with the requirements of municipal service and the public interest.
Except as otherwise provided in this Agreement, employees shall be compensated at the rate of one-and-
one-half(1 1/2)times their regular rate for overtime work by the City under the following conditions:
A. All assigned work in excess of eight (8) hours on any scheduled workday for employees
who are scheduled to work an eight(8)hour workday and all assigned work in excess of ten
(10) hours on any scheduled workday for employees who are scheduled to work a ten (10)
hour workday and all assigned work in excess of twelve (12) hours on any scheduled
workday for employees who are scheduled to work a twelve(12)hour workday.
B. All assigned work in excess of forty(40)hours in workweek. The City shall not be liable for
the payment of overtime when more than forty (40) hours are worked in a seven (7) day
period as the result of a scheduled seniority shift rotation for sworn personnel. To this end
the City may work an employee (80) hours in a 2-week period before incurring any
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overtime liability.
C. All work assigned outside an employee's work schedule, except in accordance with Section
7.4 of this Article.
In no event shall such compensation be received twice for the same hours. Overtime work will be equitably
distributed to other employees within the same classification whenever possible.
7.9 Call-back Time. Employees called back to work shall receive overtime pay with a guaranteed
minimum of four (4) hours at the overtime rate for the work for which they are called back. Employees
called back to work on a regularly scheduled day off shall receive overtime pay with a guaranteed minimum
of four (4) hours at the overtime rate for the work for which they are called back. Employees who are
called back to work for court appearances shall receive one callback payment if those appearances occur
within four (4) hours of the initial callback. When an employee is on call-back, once the employee has
completed the specific task (for example to appear at a legal proceeding or attend a meeting) for which
the employee was called back, then they are free to leave. This section applies only when call-back
results in hours worked which are not annexed consecutively to or that overlaps one end or the other of the
working day or working shift. This section does not apply to scheduled overtime, callback times annexed to
the beginning of the work shift, holdover times annexed to the end of the work shift or work day or to brief
routine phone calls. For purposes of this section, a regularly scheduled day(s) off shall commence at the
conclusion of the last scheduled workday of the work week and end at the beginning
of the next scheduled
Y g g
work week.
7.10 Compensatory Time. Overtime work shall be compensated by compensatory time at the rate of
one-and-one-half times the hours worked to a maximum accrual of eighty(80)hours or by cash payment at
the rate of one-and-one-half times the regular hourly rate at the option of the employee. Employees are
encouraged to provide as much notice as possible of requested time off. Compensatory time shall be taken
at such times in such blocks as are mutually agreed upon between the employee and his/her supervisor,
subject to the following:
A. Employees must provide a minimum of forty-eight (48) hours advance notice of the
requested compensatory time off. This forty-eight (48) hour notice will, subject to `B"
below, be considered reasonable notice under FLSA. The department may waive the forty-
eight(48)hour advance notice requirement.
B. Minimum staffing shall be determined by the City, however the APA must be notified prior
to implementation of the change. If the employee cannot secure a volunteer to cover for the
employee requesting compensatory time off and thereby assure minimum staffing levels,
compensatory time will be denied.
7.11 Shift Trades. Qualifying employees may trade rotations as per Department policy. For the trade,
the employees will indemnify and hold the City harmless for any overtime provisions which would
otherwise be applicable.
7.12 CSO Work Schedule. While the department employs a cadet, the CSO will be allowed to choose
his workdays for the work week,per rotation, and the CSO will be allowed to choose to work either five(5)
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eight (8) hour shifts or four (4) ten (10) hour shifts as described in article VII, section 7.1, so long as
department business needs are met.
ARTICLE VIII-SICK LEAVE
8.1 Accumulation. Sick leave shall be earned by each eligible full-time employee at the rate of twelve
(12)hours for each full calendar month of service, irrespective of the employee's work schedule. Sick leave
shall not accrue during periods of unpaid leave or layoff. Employees who return to work from unpaid leave
or recall from layoff shall,however be credited with any unused sick leave they had accrued prior to unpaid
leave or layoff. Sick leave may be accumulated to a total of 1200 hours and must be taken for the purposes
specified in Section 8.2 below, as a condition precedent to any sick leave payment.
8.2 Utilization for Illness or Injury. Employees may utilize their accrued sick leave when unable to
perform their work duties by reason of illness or injury. In such event,the employee shall notify the Police
Chief or other supervisor of absence due to illness or injury,the nature and expected length thereof, as soon
as possible prior to the beginning of his/her scheduled regular work shift,unless unable to do so because of
the nature of injury or illness. Employees are encouraged to schedule routine medical and dental
appointments outside their regularly scheduled working hours, whenever possible. In the event such
appointments must be scheduled during an employee's scheduled shift, every effort must be made by that
employee to give the Department at least twenty-four (24) hours advance notice. The City may require an
employee to submit certification by a physician or health care professional or other acceptable verification
of the reason for utilization of sick, leave as a precondition to payment of sick leave whenever the
employee's absence exceeds three (3) consecutive workdays or whenever the City can articulate a good
faith concern (e.g. questionable patterns of usage, etc.) regarding the employee's eligibility to receive sick
leave. For the purpose of this section and the following sections of this Article,pregnancy shall be treated
as any other illness or disability.
An employee may be granted up to twelve (12)weeks, per calendar year, paid sick leave for the employee
to care for an ill or injured family member and for other OFLA qualifying purposes in accordance with
OFLA. For the purpose of this Section family member includes: spouse, children (including step-children
and foster children), parent, parent-in-law, grandchildren, grandparents, "domestic partner" as defined in
Article XVI, Section 16.1 and the children,grandchildren and grandparents of such domestic partners.
8.3 Integration with Workers' Compensation. When an employee suffers a work-related injury or
illness, the City's obligation to pay under this sick leave Article is limited to the difference between any
payment received under Worker's Compensation laws and the employee's regular pay, minus state and
federal deductions. In such instances, no charges will be made against accrued sick for the time an
employee is absent from work to receive medical treatment on the date a work-related injury or illness
occurs and leave for the first three(3)days following the injury or illness. Thereafter pro-rated charges will
be made against accrued sick leave, unless an employee is absent from work for a work related injury or
illness that exceeds ninety (90) calendar days. In situations where and employee's work-related injury or
illness exceeds ninety (90) calendar days, the City will credit sick leave benefits paid to the employee
during that period back to his/her sick leave bank.
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8.4 Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be
granted by the City for the remaining period of disability after accrued sick leave and other paid leave banks
have been exhausted. The City may require that the employee submit a certificate from a physician
periodically during the period of such disability and before returning to work.
8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of income
due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee
upon his/her death or termination of employment,except as provided for in Article XVI, Section 2.
8.6 Pay for Unused Sick Leave. All employees may elect to receive up to forty (40) hours of their
unused annual sick leave accrual (maximum of 96 hours) as cash on their first paycheck in December
provided at least forty(40)hours of accrued sick leave remains after the aforesaid payout. If cash payment
is not elected,the unused portion of sick leave will be added to cumulative sick leave balance, or converted
to accrued vacation at the option of the employee.
8.7 Sick leave payout upon retirement. Upon retirement, employees covered by this agreement shall
receive a percentage of the unused sick leave balance credited to the employee's individual HRA/VEBA.
Credit will be provided at the employee's wage rate at retirement in accordance with the following
schedule:
UNUSED SICK LEAVE HOURS PERCENTAGE OF CREDIT
1-399 10%
400-599 15 %
600-1200 25 %
Employees must provide to the City six(6)months' advance written notice of their intended retirement date
to be eligible for this benefit.
No compensation for unused accrued sick leave shall be provided if employment with the City ends for any
reason other than retirement pursuant to ORS 238.280.
ARTICLE IX-OTHER LEAVES OF ABSENCE
9.1 Criteria and Procedure. Leaves of absence without pay not to exceed ninety (90) days may be
granted upon establishment of reasonable justification and where it is determined that the operation of the
department and/or division will not be negatively impacted by the temporary absence of the employee.
Requests for such leaves must be in writing and submitted to the Police Chief thirty (30) days prior to the
requested leave date,unless otherwise waived.
9.2 Jury Duty. Employees shall be granted leave with pay for service upon a jury provided, however,
that the regular pay of such an employee for the period of absence shall be reduced by the amount of money
received for such jury service, and upon being excused from jury service for any day employee shall
immediately contact their supervisor for assignment for the remainder of his/her regular workday.
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9.3 Appearances. Leave with pay shall be granted for an appearance before a court, legislative
committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by
proper authority provided, however, that the regular pay of such employee shall be reduced by an amount
equal to any compensation he/she may receive as witness fees.
9.4 Required Court Appearances. Leave of absence with pay shall be granted for attendance in court
in connection with an employee's officially assigned duties, including the time required for travel to the
court and return to the employee's headquarters.
9.5 Election Day. Employees shall be granted two (2) hours to vote on any election day only if; due to
scheduling of work,they would not otherwise be able to vote.
9.6 Association Business. Employees elected to any Association office or selected by the Association
to do work which takes them from their employment with the City may, upon written request of the
Association and the employee, be recommended by the Police Chief for a leave of absence, of up to thirty
(30) days without pay. Employees selected by Association to attend collective bargaining sessions between
the Association and the City shall not suffer a loss of pay or benefits as a result of attendance at such
meetings. However, all efforts shall be made to schedule such meetings so as not to adversely affect the
staffing or operation of the department.
9.7 Educational Leave. After completing one (1) year of continuous service, an employee, upon
written request, may be granted a leave of absence without pay by the City for the purpose of upgrading
his/her professional ability through enrollment in educational courses directly related to employment at
an accredited school or course of study. The period of such leave of absence shall not exceed one (1)
year, but may be renewed or extended upon request of the employee and approval by the Police Chief.
One year leaves of absence, with requested extensions for educational purposes may not be provided
more than once in any three (3) year period. His/her replacement shall be considered a temporary
employee. Employees shall also be granted time off with pay for educational purposes, for reasonable
lengths of time, to attend conferences, seminars, briefing sessions, training programs and other programs
of a similar nature that are intended to improve or upgrade the employee's skill and professional ability,
when ordered by the employee's Police Chief.
9.8 Military Leave. Military leave shall be granted as required by Oregon Revised Statutes and federal
law. Employees may use accrued vacation and holiday time for official military leave in excess of the
employer-paid time provided by statute.
9.9 FMLA and OFLA Leave. The City will grant applicable time off in accordance with the City
Family Leave Policy which observes all applicable State and Federal Family Leave Laws.
9.10 Compassionate Leave. An employee will be granted up to three (3) days compassionate leave
with regular pay in the event of death in his/her immediate family. For the purpose of this section an
employee's immediate family shall include: spouse, domestic partner, as defined in Article XVI, Section
16.1, parent, stepparent, children, stepchildren, brother, sister, grandparents, mother-in-law or father-in-law
and grandparent-in-law. The employee will be paid his/her regular hourly rate for any such days of excused
absence, which occur only during this assigned workweek. An additional two (2) days with regular pay
may be granted and shall not be unreasonably denied. The City may, at its discretion, grant other
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compassionate leave under exceptional circumstances.
The City shall comply with all OFLA requirements providing for the use of two weeks of bereavement
leave for any qualifying death, so long as the employee uses such leave within twelve months of the death.
9.11 Failure to Return from Leave. Any employee who is granted a leave of absence and who, for
any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having
resigned his/her position with the City, and his/her position shall be declared vacated; except and unless the
employee,prior to the expiration of his/her leave of absence,has furnished evidence that he/she is unable to
work by reason of sickness,physical disability or other legitimate reason beyond his/her control.
ARTICLE X- COMPENSATION
10.1 Pay Schedule. Employees shall be compensated in accordance with the pay schedule attached to
this Agreement and marked"Appendix B."
This pay schedule shall incorporate the following wage increases:
A. Effective July 1,2018,all bargaining unit base wages will be increased 3%.
Effective July 1, 2019,all bargaining unit base wages will be increased by a percentage equal to
the annual change in the CPI-W with a minimum of 3 percent and a maximum of 5 percent.
Effective July 1, 2020,all bargaining unit base wages will be increased by a percentage equal to
the annual change in the CPI-W with a minimum of 3 percent and a maximum of 5 percent.
B. The City shall establish and maintain an HRA/VEBA for each bargaining unit member, and
deposit an amount equal to 2% of the employee's regular rate of pay into the account at the
beginning of each pay period.
10.2 Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days
beginning at 12:01 A.M. on Saturday, and ending on the 14th day(Friday) at 11:59 P.M. Pay days shall be
on the Friday following the close of each pay period.
10.3 Overtime Compensation. Authorized overtime shall be paid in the form of pay or compensatory
time off pursuant to Article VII, Subsection 7.10.All overtime shall be recorded by the employee and must
be approved by the Police Chief or designated supervisor.
10.4 Standby Pay. An employee assigned to standby status to handle emergencies during his/her
off-duty hours and who is required to remain at his/her home, shall be paid at twenty(20)percent of his/her
regular rate for all predetermined hours of such period. In addition,he/she shall be compensated at overtime
rates for actual time worked to the nearest one-half hours and shall not be eligible for call-back time as set
forth in Article VII.7.9.
10.5 Incentive Pav
10.51 DPSST Certification.
An employee classified as a Police Officer shall, upon receiving an intermediate or advanced
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certificate from the Department on Public Safety, Standards and Training, be eligible for a monthly
allowance of 7%for intermediate DPSST certification,or 12%for advanced DPSST certification.
10.52 Educational Incentive.
Employees in the bargaining unit who obtain a degree or advanced degree from a regionally
accredited college or university shall be eligible to receive additional compensation in the form of
an educational incentive as described below.
• 2%for having/attaining an Associate's degree
• 3%for having/attaining a Bachelor's degree
• 5%for having/attaining a Master's degree
The educational incentive may be combined with DPSST certification and/or additional
compensation for special assignments described in section 10.6, but employees must choose
between educational incentive and longevity pay. Education incentive will begin once proof of
degree is provided.
10.53 Longevity Pay(formerly senior police officer pay).
Employees in the job classification of Police Officer achieving ten consecutive years of service as a
police officer shall be designated as Senior Police Officer, and will receive longevity pay based on
the following schedule:
• 3%after attaining 10 years continuous service as a police officer
• 6%after attaining 15 years continuous service as a police officer
• 9%after attaining 20 or more years of continuous service as a police officer
Longevity pay is not applicable if the employee is already receiving the equivalent or greater
education incentive.
Note: Officers may choose the combination of DPSST certification pay+Educational Incentive or
DPSST certification pay+longevity pay based on which combination is most beneficial. In no case
will an officer be eligible for more than two incentives under section 10.5. Officers are responsible
for notifying a supervisor within 60 days of their anniversary date for an intermediate or advanced
certificate. Officers are responsible for providing proof of any certifications prior to receiving
incentive pay. The city will make every effort to compensate the officer for incentive pay on their
anniversary date, if proof of certification is provided by their anniversary date. If proof of any
certification is not provided by the employees anniversary date compensation will begin once the
proof of certification is provided.
10.55 Fitness Incentive. [Formerly Section 15.12] All Department employees shall participate
in the Department's fitness program. Employees may receive a fitness incentive payment upon
completion of the run twice a year. The incentive will apply for successful testing at the
approved Cooper Standard levels of performance based upon the following schedule:
Completion within 60th percentile $700
Completion within 50th percentile $500
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Completion within 40th percentile $400
Officers will continue to receive (2 hours) compensatory time for participation (4 hours)
compensatory time for meeting the "Fair" standard, (6 hours) compensatory time for meeting the
"Good" standard, and (8 hours) compensatory time for meeting the "Excellent/Superior"
standard.
The fitness test will be conducted two (spring and fall) times per year. In order to receive the
fitness incentive, employees must successfully complete the test per the Cooper standards two
times during the fiscal year. If an employee has previously demonstrated and achieved a fitness
goal prior to being placed on Workers Compensation or FMLA/OFLA, then the employee will
be paid for the same level as last achieved during the testing period.
10.6 Special Assignment Pay. Employees assigned to the following special temporary assignments
shall be compensated as follows:
A. Detective. Any member of the bargaining unit who is assigned to detective status shall be
compensated an additional five percent (5%) over the monthly rate for Police Officer set
forth in "Appendix B" of this Agreement until relieved of such assignment. Employees
assigned to the detective division shall be compensated for overtime in the same manner
as patrol officers assuming the overage has been approved by the detective supervisor.
B. Officer in Charge. Any employee on active duty designated by the City as acting in
capacity in a higher level position other than his/her regular job classification shall receive
10% additional pay above his/her current base salary for the length of the assignment. This
rate applies to hours worked only and when combined with other special assignment pay
then the combined total shall not exceed 10% (e.g. DARE Officer 5% plus Officer in
Charge 5%).
C. Other Special Assignments. Special Assignments, including Motorcycle Officer, School
Resource Officer,DARE Officer, Survival Skills Instructor during the time they are actually
involved in instructing other officers, and CAP Officer, shall be compensated an additional
five percent (5%) over their normal monthly rate, until relieved of such assignment.
Employees assigned to Police Training Officer shall receive an additional five percent(5%)
for the period of the assignment. Employees assigned for SWAT callouts shall receive an
additional five percent(5%)for the period of the callout.
D. Clothing Allowance. A one hundred dollar ($100.00) per month clothing allowance shall
be granted to employees assigned as detectives. This benefit will be provided to any officer
who is assigned to a non-uniformed assignment in excess of thirty(30)consecutive calendar
days. When a Detective is first assigned to the unit, a 6 month prepaid clothing allowance
will be paid in advanced to the Detective in the pay period prior to the start of the
assignment.
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10.7 Detective On-call Compensation. Employees assigned to the detective division who are required
to be"on-call"for a period of one week will be paid ten(10)hours of regular pay as compensation for
remaining in the area and available for after-hours emergency call outs.
ARTICLE XI-DISCIPLINE
11.1 No regular employee as defined in Article XIII may be disciplined or discharged, except for just
cause. Disciplinary action,including discharge,may be imposed upon any employee for failing to fulfill his
or her responsibilities as an employee. Conduct reflecting discredit upon the City or Department, or which
is a direct hindrance to the effective performance of City functions, shall be considered good cause for
disciplinary action. Such cause also includes, but is not limited to: misconduct, inefficiency, unsatisfactory
work performance, incompetence, insubordination, violation of Department rules, unauthorized or
excessive tardiness or absenteeism, dishonesty, engaging in political activities forbidden by State law, or
other violations of Departmental standards of conduct. The employee, upon request, has the right to have
Association representation at any meeting during which disciplinary matters are discussed.
11.2 Discipline for just cause may include the following:
A. Written reprimand,which will be placed in Guardian Tracker
B. Demotion
C. Suspension
D. Discharge
11.3 An employee may be placed on paid administrative leave while charges against the employee are
investigated.
11.4 Any disciplinary action imposed upon an employee, if protested, shall be protested only as a
grievance through the regular grievance procedure. If a Police Chief or other supervisor has reason to
discipline an employee, he/she shall make reasonable efforts to impose such discipline in a manner that
will not embarrass or humiliate the employee before other employees or the public. Oral reprimands
shall not be protested through the grievance procedure. Written reprimands, upon request of the
employee, shall be removed from the personnel file at the end of three years from the time the reprimand
was dated, provided there are no related subsequent written reprimands or disciplinary action taken
during the intervening period of time. It is understood and agreed disciplinary action that has been
removed from an employee's personnel file cannot be used for the purpose of progressive discipline.
However, in the event an employee grieves subsequent disciplinary action, including discharge, at an
arbitration hearing and the Association introduces evidence regarding the employee's past work record,
the City reserves the right to introduce removed disciplinary action for the purpose of enabling the
arbitration to evaluate the City's action.
Additionally, in the event an employee grieves or otherwise challenges disciplinary action in a legal
proceeding and raises the claim that (s)he was discriminated against or treated inconsistently, the City
reserves the right to introduce disciplinary action removed from the personnel files of other employees
for the limited purpose of addressing such claims of discrimination or inconsistency.
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11.5 Upon removal of documents, pursuant to 11.4, the City shall store all removed documents
outside the Department until the mandated state archive period is complete. The Department documents
shall not be released or used for any purpose after being removed from employee personnel files, except
as set forth in Section 11.4 above.
The City shall store all completed internal affairs investigations, which result in an unfounded or
exonerated finding outside the Department. These documents will be disposed of in accordance with the
state archive laws and shall not serve as the basis for further discipline.
11.6 The just cause protections set forth in the Article shall not apply to any employee who is
discharged during probation, as defined in Article XIII.
11.7 When an employee is under investigation,which could lead to disciplinary action:
A. The City shall notify the employee under investigation for a matter involving an Internal
Affairs Investigation, as defined in the department's policy manual, in writing,at least forty-
eight (48) hours prior to any interview of the nature of the investigation and the specific
allegations levied against him or her. The employee will, upon request, be provided with a
copy of any complaint submitted in writing at the time of this notification.
B. The employee shall be entitled to Association representation and shall be provided a
reasonable amount of time prior to the interview to consult with an Association
representative, irrespective of whether the matter involves an Internal Affairs Investigation
or Informational Report being placed in Guarding Tracker, which are non-disciplinary in
nature and are intended to document commendations and incidents that do not warrant
discipline. Informational Reports may,however,be referenced in employee evaluations and
used to identify training and professional needs.
C. The City shall strive to hold the interview of an employee during normal business hours,
which shall be defined as 8:00 a.m. to 5:00 p.m., Monday through Friday. This does not
preclude management from scheduling an interview outside of normal business hours,
provided a member of the Association's Executive Board (excluding a member who is a
material witness or has a direct personal interest in the outcome of the investigation) is
available to accompany the employee to the interview. In the event that the Association
desires to have its legal counsel present at the interview, the Department will schedule the
interview at a mutually agreeable time during normal business hours,provided the interview
is not delayed more than three(3)business days.
The interview shall be for a reasonable period, taking into consideration the gravity and
complexity of the issue(s) being investigated. If the interview is of extended duration (i.e.
beyond 2 hours in length), reasonable breaks will be afforded to the employee being
interviewed, upon request. Nothing in this Article is intended to prohibit the Department
from conducting follow-up interviews with the employee, subject to the same conditions.
Either the Department or the employee may request that a recording be made of the
interview. Neither party will record the interview without informing the other that recording
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is taking place. If a recording is made by either party, the other party will provide a true
copy of the recording upon request, but no more than five(5)business days after the request
is made. Under no circumstances will the recording be shared with material witnesses
during the period the investigation is pending.
D. The City shall limit investigations to complaints,which have been reduced to writing by the
complainant or Department. No employee will be required to appear or participate in an
interview with the complaining party.
E. The Department will strive to complete investigations within thirty (30) days from the date
the complaint or conduct giving rise to the investigation became known to management. In
the even additional time is needed to complete the investigation, the employee and the
Association's Executive Board will be notified of any extension and the reason(s) for the
extension. The employee and the Association will further be advised of the outcome of the
investigation.
F. No employee will be required to submit to a polygraph examination.
11.8 No member of the Association will be required to participate in any type of Citizen Review Board
in any form or by any title or name pertaining to the use of force or police practices/conduct issues.
11.9 Whenever there is a use of force incident involving an employee discharging a firearm or there is a
serious physical injury or death to any person,a Departmental supervisor will promptly notify an Executive
Board member.
ARTICLE XII- SETTLEMENT OF DISPUTES
12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the
parties concerning the application and/or the Association, and/or employee with regard to interpretation
issues,meaning or interpretation of this Agreement shall be settled in the following manner:
Step I. The affected employee and, with regard to interpretation issues the Association and/or the
employee, shall take up the grievance or dispute with the employee's supervisor as soon as possible
but not more than ten (10) days of its discovery. The employee shall specify the facts upon which
the grievance is based and the contract article allegedly violated. The supervisor shall then attempt
to adjust the matter within ten(10)days.
Step H. If the grievance has not been settled between the affected employee and the supervisor, it
may be presented in writing by the Association representative to the Police Chief, or his/her
designee, within ten (10) days after the response specified in Step I is due or received. The written
notice shall include details of the grievance,the section of this Agreement allegedly violated and the
specific remedy requested. The Police Chief, or his/her designee, shall respond to the Association
representative in writing within ten(10)days after receipt thereof.
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Step III. If the grievance still remains unadjusted, it may be presented by the Association to the
City Administrator of the City or his/her designee(s), within ten (10) days after the response
specified in Step II is due or received. The City Administrator, or his/her designee(s), shall respond
in writing to the Association within ten(10)days.
Step IV. If the grievance is still unsettled, either party may within ten (10) days of the decision of
the City Administrator or his/her designee(s) under Step III have the right to have the matter
arbitrated by a third party jointly agreed upon by the City and the Association. If the parties are
unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a
list of five names of Oregon and Washington arbitrators. Both the City and the Association shall
have the right to strike two names from the list. The party requesting arbitration shall strike the first
name and the other party shall then strike one name. The process shall be repeated and the
remaining person shall be the arbitrator. The arbitrator's decision shall be fmal and binding on the
parties and the employee. The arbitrator shall have no right to amend,modify, nullify, ignore or add
provisions to the Agreement, but shall be limited to consideration of the particular issue(s)
presented. His/her decision shall be based solely upon his/her interpretation of the meaning and
express language of the agreement. Expenses for the arbitrator shall be borne by the losing party as
designated by the arbitrator. However, each party shall be responsible for compensating its own
representatives and witnesses.
The City will adjust schedules, as necessary, to enable the grievant and one Association
representative the opportunity to attend the arbitration hearing. Time spent at the arbitration hearing
will be paid at straight-time rates.
If either party desires a verbatim recording of the proceedings, it may cause such a record to be made,
provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of
the transcript and all copies.
If any grievance is not presented or forwarded by the employee or Association within the time limits
specified above, such grievance shall be deemed waived. All days and hours specified shall be calendar
days. If the City fails to respond in a timely fashion, the grievance may be appealed to the next step. A
grievance may not change once it has been filed in writing.
ARTICLE XIII- SENIORITY
13.1 Definition of Seniority. Only regular employees shall have seniority. Two types of seniority will
be recognized for various purposes as set forth in this Agreement: bargaining unit seniority and
classification seniority. Bargaining unit seniority shall be defined as an employee's length of service within
the bargaining unit without termination of seniority, dating from his/her first day of compensable work
within the bargaining unit. Classification seniority shall be defined as an employee's length of service
within a job classification listed in Appendix"A"without a termination of seniority. Employees who move
to different classifications within the bargaining unit will retain the classification seniority they had in their
previous job classification.
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13.2 Layoff and Recall. In the event of layoff, the selection of employees to be laid off shall be as
follows: First, probationary employee(s) in the positions affected shall be laid off. If there are no such
probationary employees, the employee in the position affected who has the least classification seniority in
that position will be the first laid off and layoffs shall continue in that order. An employee who has
classification seniority in a lower job classification may exercise his/her seniority to bump into that lower
job classification, provided he or she is qualified to perform the work. When displacing another employee,
the "bumping" employee's salary or wage shall be at the step that most closely approximates, but does not
exceed, his/her salary range in the previous classification on the effective date of layoff. In order to be
entitled to bumping rights, an employee must notify the Chief of Police of his intent to bump within seven
(7) calendar days of receipt of layoff notice. Recall from layoff shall be in reverse order of seniority,
provided the senior employee is capable of performing the work.
13.3 Suspension of Seniority. Bargaining unit and classification seniority shall be retained,but shall not
continue to accrue during layoffs and authorized leaves in excess of ninety(90)calendar days.
Also, employees who are promoted to positions within the Department that are outside the bargaining unit,
but are returned to a bargaining unit position by the City within the six(6)month promotional probationary
period set forth in Article 14.2, will return with the bargaining unit and classification seniority they had
accrued at the time of their promotion restored. The time an employee spends in such a position will not
however be applied toward his/her seniority.
13.4 Termination of Seniority. Bargaining unit and classification seniority and the employment
relationship shall be terminated if an employee:
A. Quits;
B. Is discharged for just cause;
C. Is absent from work for three (3) consecutive working days without notification to the City,
unless the City determines, in its discretion that mitigating circumstances existed to justify
the failure to notify;
D. Is laid off and fails to report to work within three days after receipt of notice of recall by
certified mail or five days after delivery of such notice of recall;
E. Is laid off from work for any reason for 24 months, or for a period of time equal to his/her
seniority,whichever is shorter;
F. Fails to report for work at the expiration of a leave of absence or in the case of an absence
due to an on or off-the-job injury or illness, fails to report for work within seven (7) days of
receipt of a full or limited medical release to return to work;
G. If while on leave of absence for personal health reasons accepts other employment without
permission;or
H. Is retired.
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I. If the employee is absent from work due to an on-the-job injury or illness for a period in
excess of three years from his/her original date of injury/illness or another event occurs to
extinguish reinstatement rights in accordance with ORS 659A.043 and ORS 659A.046. (It is
however understood and agreed that the seniority of an employee who is continuously absent
due to an on-the-job injury or illness will be frozen after one year.)
13.5 Probationary Period. The probationary period is an integral part of the employee selection
process and provides the City with the opportunity to upgrade and improve the Department by observing a
new employee's work,training,aiding new employees in adjustment to their positions,and by providing an
opportunity to reject any employee whose work performance fails to meet required work standards. For
new employees hired, the probationary period for entry-level employees shall be eighteen (18) full months
of employment. The probationary period for lateral employees shall be twelve (12) full months of
employment. Probationary periods will commence on the first day of an employee's compensable work in
a job classification and may be extended up to an additional six (6) months by written mutual approval
between the City and the Association. The Association recognizes the right of the City to terminate
probationary employees for any reason and to exercise all rights not specifically modified by this
Agreement with respect to such employees, including,but not limited to,the shifting of work schedules and
job classifications, the assignment of on-the-job training, cross-training in other classifications, the
assignment of on-the-job training, cross-training in other classifications and the assignment to educational
courses and training programs. Termination of a probationary employee shall not be subject to the
grievance procedure under Article XII.
13.6 Notice of Recall from Lay-off Status. Recall from layoff exceeding five (5) work days shall be
by certified letter sent to the employee at his/her last known address furnished to the City by the employee.
The City may also use any other means to return an employee sooner.
ARTICLE XIV-PROMOTIONS
14.1 Postings. Promotional opportunities to job classifications listed in Appendix "A" (not
assignments), as well as supervisory/management positions in the Department shall be posted for at least
three (3) weeks prior to the closing of accepting applications for the position. Whenever a promotional
examination is given the notice announcing such examination shall state the passing score on all parts of
the examination and the relative weight of each part of the examination.
14.2 Promotional Probationary Period. Regular employees promoted into a higher classification
within the Department shall serve a promotional probationary period of six (6) continuous months. The
Association also recognizes the right of the City to demote an employee on promotional probationary status
to his/her previous position. Demotion of an employee on promotional probationary status, as well as
demotion of employee who was filling the employee's position within the promotional probationary period,
shall not be subject to the grievance procedure under Article XII and such demotion shall not be considered
a disciplinary action.
City of Ashland/ 26
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ARTICLE XV-GENERAL PROVISIONS
15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all employees in
the bargaining unit without discrimination as to race, creed, color, age, sex, national origin or other
protected status in accordance with applicable law. The Association shall share equally with the City the
responsibility for applying the provisions of this Section. All references to employees in this Agreement
designate both sexes, and whenever the male gender is used, it shall be construed to include the male and
female employees. Employees shall have the right to form, join, and participate in the activities of the
Association or any other labor organization, or to refrain from any or all such activities, and there shall be
no discrimination by either the City or the Association by reason of the exercise of such right except as
specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the
right of an individual employee to represent him/herself in individual personal matters.
15.2 Professional Standards and Safety Committee. In order that the City may be informed and/or
take appropriate action on professional standards of safety and protective equipment, a committee shall be
formed composed of the Police Chief and/or his/her designated representatives not to exceed two, and
representatives of the Association not to exceed three. This committee shall meet as mutually agreed upon,
consider surveys and factual studies, and make recommendations for improvements to the City
Administrator.
15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement its
responsibilities and may do so by work rule,oral or written, existing or future. It is agreed,however,that no
work rule will be promulgated or implemented which is inconsistent with a specific provision of this
Agreement. All work rules which have been reduced to writing will be furnished to the Association and to
affected employees upon request.
15.4 Other Employment. Prior to accepting outside employment, an employee shall first discuss the
matter with the Police Chief. Acceptance or continuance of regular outside employment by an employee
shall be subject to the following criteria:
A. The need for mentally alert and physically able public safety employees.
B. Insulating employees from potential conflict of interest situations.
C. Maintaining efficiency unimpaired by other employment,recognizing the nature of the job
requiring police officers to be available for emergency duty twenty-four(24)hours a day.
15.5 Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing or use any type of protective device, such article shall be provided by the City.
Replacements shall be provided by the City upon surrender of the article, at no cost to the employee,
reasonable wear excepted. Lost articles or damage to articles due to negligence shall be reimbursed to the
City by the employee. Failure of any employee to wear such required uniform, protective clothing, or use
such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article
XI.
15.5 A. Equipment/Clothing Allowance. Association members will receive a stipend of
$300.00 per year for equipment and clothing significantly used while the employee is performing the
employee's day-to-day duties.
City of Ashland/ 27
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15.6 Educational Allowance. After an employee's completion of one (1) full year of continuous
service, the Police Chief may authorize reimbursement to the employee for costs directly related to
upgrading his/her professional ability through enrollment in an educational course of study or class at a state
accredited educational institution. The amount of such reimbursement shall be at the sole discretion of the
Police Chief,based on the availability of departmental resources for such expenditures and upon the relative
benefit to be realized by the department from the employee's participation in the class or coursework.
Funds may be advanced to an employee to pay initial costs, however, final reimbursement shall require the
employee to provide evidence of his/her successful completion of the class or coursework. In no event shall
the Department be responsible for reimbursing educational costs incurred by an employee outside of an
advance mutual agreement with the Police Chief.
15.7 Position Descriptions. The general classifications of labor which shall be recognized throughout
this Agreement shall be those set forth in Appendix A.
15.8 Personnel File.
A. Inspection. Each bargaining unit member shall have the right to review and obtain at their
expense, copies of the contents of his/her personnel file, exclusive of materials received
prior to the date of their employment with the City. The official personnel files shall be
maintained in the City Administrator's office.
B. Employee Signature. Each employee shall be offered the opportunity to read and sign any
written material that is placed in their official personnel file.The employee may:
1. Sign such material indicating agreement.
2. Sign such material, indicating disagreement, in which case the employee may place
in his/her file a signed response to such material.
3. Refuse to sign such material in which case an employee of management shall place
in that person's file a signed statement indicating that the material was offered to the
employee for reading and signing and the employee refused.
15.9 Training. The City shall provide outside training opportunities to employees in the bargaining
unit as follows:
A. The City shall provide outside training opportunities to employees in the bargaining unit
on an equitable basis. All training must be approved by the Chief or his/her designee and
is subject to the Department's evaluation of operational needs and budgeting constraints.
B. The City shall provide twenty four (24) hours of outside training per year to Survival
Skills instructors, and shall provide any additional training hours DPSST requires, such
instructors to have maintain DPSST teaching credentials.
15.10 Travel Time for Training and Other Off-Site Activities. The city's Travel & Expense
Reimbursement Policy as written and published at the time of signing will apply to travel time for
City of Ashland/ 28
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CBA 2018-2021
training and other off-site activities. A copy of the published Travel and Expense policy will be attached
and marked as Appendix"D."
15.11 Fitness for Duty. The City reserves the right to require employees to provide verification of
medical ability to perform the essential functions of their positions, as well as confirmation of any
limitations on an employee's ability to perform such essential functions, so long as such verification is
consistent with applicable law. Verification may be required if the City can articulate a reasonable,
good faith basis for the need for verification.
The verification will be limited to the determination of whether the employee can perform his/her
essential job duties without a direct threat to his/her safety or the safety of others. All medical
information released pursuant to a fitness-for-duty test will be maintained in the employee's confidential
medical file and released only on a need-to-know basis.
The City will place any employee who is required to submit to a fitness-for-duty test on paid
administrative leave until the verification is obtained. The City will also pay for the cost of evaluation,
as well as the time spent by the employee undergoing the required evaluation and traveling to/from the
evaluation.
ARTICLE XVI-HEALTH,WELFARE & RETIREMENT
16.1 Employee Health Benefits Advisory Committee. The Employee Health Benefits Advisory
Committee, including one(1)representative of the Ashland police Association shall meet for the purpose of
reviewing program performance and providing feedback to City Administration/HR on benefit programs.
Health benefits and other insurance will be provided to the APA represented employees under the same
conditions and restrictions as provided to all other city employees. Adjustments to the health benefits plan
may be made by the City upon annual benefit renewal within budgetary constraints.
16.2 Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and
provisions thereof, as it applies to regular employees in the bargaining unit. The City will report to PERS
the total accumulated sick time. The City will also assume or pay the employee contributions required by
ORS for all employees included under this agreement at a uniform rate of six(6)percent.
16.3 Deferred Compensation. The City shall contribute $50.00 per month in matching funds per
member enrolled in a City deferred compensation program. This program is at the option of the member
and contingent upon a minimum $15.00 per month contribution paid by the member.
16.5 Reemployment of Retired Employees.
A. The City may at its discretion rehire retired Association members for up to 1039 hours each
year following their retirement date.
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e III
B. At the retiring Association members option,the City shall only use rehired retired
employees to fill a vacant Association member position on a temporary basis and for not
more than 90 days following the retirement date of the rehired retired employee. Re-
employment of retired employees will not cause the layoff of any other bargaining unit
member and the rehired retired member will remain a member of the Association while re-
employed with the exception of Article 5, 6, 8, 10.1A and 16.
ARTICLE XVII-WORKER'S COMPENSATION
All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for
injuries received while at work for the City.
ARTICLE XVIII -LIABILITY INSURANCE AND INDEMNIFICATION
18.1 The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. for the
protection of all employees covered by this Agreement against claims against them incurred in or arising
out of the performance of their official duties.The premiums for such insurance shall be paid by the City.
18.2 The City shall indemnify and defend employees in the bargaining unit against any tort claim arising
out of an alleged act or omission occurring in the performance of duty as required by ORS 30.285 and
30.287(1977 replacement part.)
The City agrees to reimburse the bargaining unit member for all reasonable, usual and customary legal fees
charged by an attorney to represent the employee as a direct result of criminal charges or a criminal
investigation arising out of the employee's performance of his/her duties as an employee. The
reimbursement shall not be made if:
A. The employee undergoes diversion, is convicted by verdict or plea, or pleads no contest to
criminal charges arising from the incident;or
B. The Department gives grievable discipline to the employee based upon the employee's
actions that form the basis for the possible or actual criminal liability and the Department
sustains the discipline through the grievance arbitration process or the employee does not
appeal the discipline.
18.3 Any reimbursement from the City shall be made only at the conclusion of all criminal and
disciplinary proceedings against the Association member arising out of the incident and are subject
to the following maximum requirements:
A. Legal fees relating to a grand jury and/or appearance: $2,500.00
B. Legal fees relating to post-grand jury indictment or other charging instrument: $5,000.00.
Before becoming obligated under this Article, the City shall be presented with a sworn affidavit by the
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1
attorney listing an hourly breakdown of time spent and describing briefly the purpose of such time. The
City may submit the bill to the Oregon State Bar Association for review for compliance with reasonable,
usual and customary fees charged for such matters. The Oregon State Bar Association's determination shall
be final and binding for the City's obligation under this Article.
ARTICLE XIX-SAVINGS CLAUSE AND FUNDING
19.1 Savings Clause. Should any provision of this Agreement be subsequently declared by the proper
legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes
or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of
the Agreement. Upon such declaration, the parties agree to immediately meet and confer on a substitute, if
possible,for the invalidated portion thereof.
19.2 Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the
Agreement must be approved annually by established budgetary procedures and in certain circumstances by
vote of the citizens of the City. The City shall not reduce the wages and benefits specified in the Agreement
because of budgetary limitations, but cannot and does not guarantee any level of employment in the
bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts
sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage
of such budget requests or voter approval thereof.
ARTICLE XX- TERMINATION AND REOPENING
This Agreement concludes all collective bargaining between the parties during the term of this Agreement
effective July 1,2018,and shall remain in full force and effect until June 30,2021.
This Agreement shall automatically be renewed from year to year thereafter unless either party notifies the
other in writing not later than ninety (90) days prior to the expiration date of this Agreement of their intent
to modify or terminate the Agreement. If such notice is not given, this Agreement may be subsequently
reopened for modification upon sixty(60) days written notice; however,the Agreement shall remain in full
force and effect during the period of negotiations.
ASHLAND POLICE ASSOCIATION CITY OF ASHLAND,OREGON
By: By: A ,∎`..° 2
Date: n 2 4° °� Date: ,V f j I°J
By:
Date:
City of Ashland/ 31
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CBA 2018-2021
APPENDIX"A"
CLASSIFICATIONS WITHIN BARGAINING UNIT
Police Officer
Community Services Officer
Evidence Property Technician
CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT
Sergeant and above in rank
Administrative Services Manager
Confidential Employees
Irregular part-time employees who
do not work a set schedule or who
work less than an average of 20
hours per week
Seasonal and temporary employees
who are hired to work on a temporary
basis for an undefined period of time
City of Ashland/ 32
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Appendix B—Wage Schedule(Attached Separately)
City of Ashland/ 33
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APPENDIX"C"
HEALTH AND WELFARE BENEFITS
Section 1. Health and Welfare. The City agrees to pay ninety-five percent(95%) of the premium for
employee and/or family coverage through the term of this agreement for the following health and
welfare plans. The employee agrees to pay five percent(5%) of the premium,to be deducted from the
employee's check through regular payroll deductions. The parties recognize this agreement is to
provide the insurance plans. Plan benefits are subject to annual adjustments. Nothing in this agreement
shall be deemed a limitation on the annual plan benefit adjustments. Medical benefits, including vision
and dental,will continue within the current plan equivalent for the 3 years of the contract,July 1, 2018
through June 30, 2021
Retired employees shall be allowed to participate in the existing insurance plan at their own expense to
the extent required by state of federal law. The City shall also make available to employees an optional
choice to participate in a Flexible Spending Account Program (pre-tax health premium and health and
dependent care expense reimbursement).
(1) Health Insurance—employee and family coverage. (CIS Regence Ashland Grandfathered PPO
Plan- $300 Deductible, 10%/30%Coinsurance)
(2) Dental Insurance—employee and family coverage. (CIS Incentive Dental Plan III or Willamette
Dental Option).
(3) Vision Insurance -employee and family coverage. (CIS Vision)
(4) City paid reimbursement for programs contained in the City's Wellness Program.
(5) Other benefit levels and maximum premium payments by the City shall be as
follows:
State mandated Life Insurance $12,500 in life coverage (duty connected only)
Standard Life Insurance $2,000 in coverage
Standard Dependent Life Insurance $1,000/dependent
Salary Continuation Plan (LTD) 66.67%,Up to $2,000/month
(6) Physical Fitness Reimbursement: 50%of membership cost up to a maximum of$120 per year.
(7) The City will contribute an amount equivalent to 2%of earnings into an HRA-VEBA account
for the employee and eligible dependents to use for eligible healthcare expenses.
City of Ashland/ 34
Ashland Police Assoaahon
CBA 2018-2021
APPENDIX"D"
TRAVEL AND EXPENSE POLICY
The current policy and reimbursement forms are located on the City Network
X: PERSONNEL INFORMATION\ADMINISTRATIVE POLICIES\Travel_Reimbursement
Policy
City of Ashland/ 35
Ashland Police Assoaahon
CBA 2018-2021
CITY OF
�5 H LAN D
ADMINISTRATIVE POLICY LAST MODIFICATION: 2015-06-10
Policy# 2013-03-01
ORIGINATING DEPARTMENT: Administration
SUBJECT: Travel & Expense Reimbursement Policy
(Effective with requests made and/or applicable travel beginning on or after July 1, 2015).
1. PURPOSE:
This sets forth the City's policy as it relates to travel and reimbursement for City employees while on
City-related business. This policy applies to all employees, agents, volunteers and elected officials of
the City.
2. STATEMENT OF GENERAL POLICY:
The City of Ashland will pay for all reasonable and necessary expenses for representatives of the City
on City business. Travel for City business is to be done in the most cost-effective manner possible and
documented sufficiently to meet audit, Internal Revenue Service and open record requirements. All
travel, advances and reimbursement requests are subject to approval by the Department Head and/or
the City Administrator. Authority to waive or amend the limitations of this policy rests with the City
Administrator.
•
3. CHOOSING AMONG TRAVEL MODES
In the event that a City representative is required to travel outside of the local area to attend a
conference or meeting or to conduct other City business and multiple modes of travel are available, the
City will reimburse for the least expensive mode of travel, subject to the factors described in 3a d
below. (For example, if air travel is less expensive than driving, the City will reimburse at the lower
cost of an equivalent flight if the City representative chooses to drive.) However, employees and
supervisors should consider the following before submitting a travel request to the department head:
a. Cost of an employee's time in determining the most appropriate mode of transportation
b. Airline travel rather than car travel to avoid overnight stays and unnecessary days away
c. Personal safety in determining the most appropriate form of transportation and lodging
d, "Last minute" fares are not an appropriate cost comparison and may be discounted by up to
50%
4. TRAVEL/TRAINING AUTHORIZATION
Approval should be obtained prior to incurring costs for business meetings and travel. Use the City's
TRAVEL/TRAINING AUTHORIZATION FORM to estimate costs and seek approval. Supervisors
approving a travel request are responsible for ensuring efficient use of budgeted funds prior to the trip
and for familiarizing those traveling on City business with the City's travel and food policies. Total costs
for travel and training may be restricted based on such variables as:
a. Lack of available, budgeted funding may limit the ability to pay all costs and/or require a shorter
attendance sharing of expenses, or not attending.
ADMINISTRATION Tel:541-488-6002 1141
20 East Main Street Fax:541-488-5311
Ashland,Oregon 97520 TTY: 800-735-2900 Orai
www.ashland.or.us
AMIIIIP95YI3ATIVE POLICY—Travel&Expense Reimbursement Policy 2
b. The U.S. General Service Administration (GSA) website (www.qsa.qov/perdeim) is used to
determine expenditure allowances and limitations in high cost areas.
5. ADVANCE OR PREPAYMENT OF CERTAIN EXPENSES:
To lessen personal financial impacts, an advance for appropriate per diem and/or the IRS mileage rate
is available prior to travel. The GSA's website is found at www.qsa.qov/perdiem. An Internet map
(MapQuest) can be used to estimate miles to be driven.
A TRAVEL EXPENSE & REIMBURSEMENT REQUEST FORM must be submitted to Finance at least
two weeks before expected departure.and must be supported by conference registration materials or
other travel justification and mileage calculation (if appropriate). Finance will normally issue a check to
the City representative the week before the scheduled business travel.
6. REIMBURSEMENT FOR TRAVEL, MEALS AND LODGING:
A request for reimbursement must be submitted on a CITY OF ASHLAND EMPLOYEE
REIMBURSEMENT REQUEST FORM. The form must be completed in its entirety, signed by the
employee and approved by the employee's department head or the department head's designee.
Requests for reimbursement are to be made within 30 days of the date the expense was incurred. If the
reimbursement request is $10 or less and does not include an advance, lodging, registration or airfare
expense, employees may be reimbursed through the department's petty cash fund, if such funds are
available and if appropriate documentation is submitted to the department's petty cash custodian.
7. OUT-OF-STATE TRAVEL
Due to the expense, out-of-state travel should be undertaken only when there is no viable in-state or
closer alternative. Except as provided in 7a below, each reimbursement request for any out-of-state
travel is to be accompanied by a copy of an approved OUT-OF-STATE TRAVEL AUTHORIZATION
FORM. The form must be completed in its entirety and, except as provided in 7b and c below, signed
by the appropriate Department Head and the City Administrator prior to the initiation of any travel
arrangements.
a. Out-of-state travel that is directly work related, benefits the City and requires no expense on the
part of the City may be approved by the department head or the City Administrator without
submitting an OUT-OF-STATE TRAVEL AUTHORIZATION FORM.
b. Travel less than 350 miles (such as to the Sacramento, San Francisco or Vancouver,
Washington areas) does not require City Administrator approval.
c. Out-of-state travel by Ashland Police Department personnel for official law enforcement
business such as investigations or witness interviews may be approved by the Chief of Police
with no further approval required. APD training travel will conform to the policy.
8. TICKET PURCHASES AND BAGGAGE
Tickets may be purchased through a travel agent, on-line or by direct means. Checked baggage is an
acceptable expense. A detailed receipt is required in all cases.
Note:
a. Mileage points, discounts, or rebates ("perks') earned for travel on City business are considered
employee compensation and the employee is responsible for any tax liability.
b. Decisions on travel and related expenses must not be influenced by the actual or potential of
personally earning perks.
9 AUTOMOBILE TRAVEL
ADMINISTRATION Tel:541.488-6002 We,
20 East Main Street Fax:541-488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ADMINSTRATIVE POLICY—Travel&Expense Reimbursement Policy 3
In-state travel generally should be done by automobile. All auto travel on business should be by the
most direct and commonly travelled route. Mileage will not be reimbursed when using a City vehicle or
for a leased/rented vehicle paid for by the City. Employees should use a City-owned vehicle for such
travel, unless the use of a personal vehicle is approved in advance. Only those City vehicles insured
for out-of-state travel may be used for such purposes. If no such vehicles are available, employees
may use a personal vehicle or a rental vehicle, whichever is less costly. See Car Rentals and Shuttle
Services for insurance guidelines.
Reimbursement will be as follows:
a. The reimbursement rate for employees will be the standard Federal IRS mileage reimbursement
rate in effect during the time of business travel. Exceptions follow.
b. If the employee receives a monthly car allowance, the City requires an adjustment to the
amount of mileage to be reimbursed. The standard adjustment is to subtract 100 miles from the
actual or anticipated total round-trip miles and then apply the rate in 9a.
c. When a City vehicle is available, and the employee chooses to use his/her own vehicle, the
reimbursement rate is half the federal IRS mileage reimbursement rate identified in 9a.
Employees'with City-owned, highway-worthy vehicles assigned should use it for travel unless
departmental operations will be negatively impacted. Half IRS rate applies for miles driven per
9e.
d. If a City representative combines personal business or vacation leave with the business travel,
the employee must use a personal vehicle. Half IRS rate applies for miles driven per 9e.
e. Employees using a personal vehicle and receiving reimbursement for mileage are responsible
for all costs related to that vehicle. In such instances the reimbursement shall be for point-to-
point travel from the employee's workplace to the location at which out-of-town business is
conducted and back.
City credit cards may not be used to fuel a personal vehicle nor can personal vehicles be fueled at City-
owned pumps.
10. CAR RENTALS AND SHUTTLE SERVICES
When traveling by rail, bus or air, City representatives may rent cars at City expense only if no shuttle
or taxi transportation to their destination is available, or the shuttle or taxi is unavailable, or the cost will
exceed the car rental.
Note:
• City representatives who find shuttle services (or a provided vehicle) inconvenient may choose
to rent a car at their own expense (all costs including gas, insurance, parking, repairs, etc.) and
be reimbursed up to documented shuttle rates.
• Whenever car rental for City business purposes is required while traveling out of state, all
offered liability insurance must be purchased.
• No added insurance is needed for car rental on City business purposes while traveling in
Oregon because the City's ongoing policy provides adequate coverage and protection.
11. LENGTH OF TRIP
No additional days of travel beyond the stated purpose of the travel and the minimal amount of time
needed to reach the destination and/or return will be paid by the City. Employees required to stay over
a Saturday in order to take advantage of a lour/-cost airfare will not be charged vacation time and will
have expenses paid. Other exceptions must be approved by the City Administrator. Employees who
otherwise extend a trip may do so only with the advance approval of their Department Head and at their
own expense and time.
ADMINISTRATION Te1:541-4885002 =,
20 East Main Street Fax:541-488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
wmvx.ashland.or.us
ADMINSTRATIVE POLICY—Travel&Expense Reimbursement Policy 4
12. TRIP CHANGES
Occasionally trip plans will change after the City representative has begun the trip. The City will cover
the cost of additional meals, hotels, taxi/shuttles, etc. not paid by others if the charge is the result of
canceled or delayed flights, road closures, extreme weather, or other unavoidable delays. Expenses
for employees who choose to change plans for any other reason will not be paid by the City, and any
additional time off will not be considered work time.
13. REGISTRATION AND COURSE FEES
The City will pay conference, seminar, meeting, training and related course fees in advance to the
company or agency providing the service through billing by purchase order & invoice, advanced
payment by check request or by City credit card. Department personnel should make every effort to
avoid requiring an employee to pay registration fees "up front" with personal funds.
Payment to vendors and associations coordinating meetings and conferences will be made in advance
when appropriate supporting documentation (e.g. meeting brochure, invoice, conference registration
form) is submitted to the Finance Department at least three weeks prior to the date the payment is
required. If payment is originally done by credit card such documentation is to support the credit card
statement or reimbursement form.
14. LODGING
The City will pay lodging expenses by payment to the hotel in advance, pursuant to a check request, or
by payment through billing to a City credit card, or by reimbursement if paid for by the employee. Every
effort should be made to secure safe, reasonably priced accommodations close to the training venue
prior to traveling. City representatives should request the "government rate" when securing lodging
accommodations. Meals provided by the lodging establishment are considered part of the price and
not subject to per diem.
Payment to vendors for lodging and conferences will be made in advance when appropriate supporting
documentation (e.g. lodging reservation invoice, conference registration form) attached to an approved
Accounts Payable Voucher is submitted to the Finance Department at least three weeks prior to the
date the payment is required.
Lodging expenses will be reimbursed at actual cost and generally should not exceed the maximum
amounts established by the U.S. General Services Administration ("GSA"). A detailed lodging receipt is
required in all cases.
The GSA's website is found at www.qsa.qov/perdiem.
15. MEAL COSTS
City representatives will be reimbursed on a per diem basis for meals while on overnight employment-
related travel outside of Ashland based upon the GSA guidelines. The GSA's website is found at
www.gsa.gov/perdiem.
Note:
• Per diem amounts will not be paid for a meal available as part of lodging, training or business.
• Meal receipts for per diem are not required and can be paid as part of an advance.
• Meal costs that exceed the per diem amount are not reimbursable.
• Gratuities, service charges and other costs added to a meal are considered part of per diem and
not reimbursable in total or separately.
20 East Main Street Fax 541-488-6002- -531 �r,
20 East Main Street Fax:54188-5311
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ADMINSTRATIVE POLICY—Travel& Expense Reimbursement Policy 5
• Advances or reimbursements for meals cannot be calculated using per diem for one or some
meals and actual expenses for others.
16. OTHER MEAL COSTS
City representatives will be reimbursed for actual cost of meals incurred while attending City-related
meetings, also referred to as business meetings. Receipts for such meals are required for
reimbursement if no overnight stay is involved. In addition to the receipt, the business purpose of the
meeting and the names of those attending the meeting should be noted on the reimbursement request.
If names of those in attendance at the business meeting are not available, a description of the group
and the number of people in the group should be noted.
If an overnight stay is required, follow the per diem policy.
17. INCIDENTAL COSTS:
Incidental costs for parking, transportation to and from the airport, taxi fares, rental car costs (including
added insurance), etc. will be reimbursed upon presentation of a detailed receipt. The City will not
reimburse expenses for entertainment, purchase of alcoholic beverages or any unnecessary or
unreasonable expenses. Some items may be prepaid at a discount with registration or with the
purchase of public transportation.
18. RECEIPTS
Applicable detailed receipts for actual expenses must be submitted to Finance within thirty (30) days of
the expenditure. Detailed receipts are original receipts or invoices (copies of originals are acceptable if
the employee needs to keep their document) with itemized listings of all charges providing sufficient
information for auditing (date, time, place, items purchased, taxes, etc.).
If detailed receipts are not available, other documentation in accordance with IRS guidelines that clearly
substantiates the actual expenditure may be accepted when accompanied by a written statement to
that effect from the City representative.
19. COMPENSATION
When compensation is due an employee who travels on City related business the following guidelines
generally apply:
a. Exempt employees will not have their normal compensation altered due to travel time.
b. Non-exempt employees will be compensated at their normal rate of pay while travelling and
approved travel time will be used in calculating overtime for the workweek. Travel time for non-
exempt employees is defined as starting when the employee leaves their home and arrives at
their destination (meeting location or hotel) and the reverse when returning.
c. The Department Head can require the employee's workweek to be adjusted to minimize
overtime due to compensated travel e.
Approved: Date: (p/.23/IS
e Kanner, Ci Administrator
Reviewed as to form: Date: Z�/5
Doug Mc ary, Assi an ity Atto ey
•
ADMINISTRATION Tel:541-488-6002
20 East Main Street Fax:541-488-5311 ,r
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
CITY OF
ASHLAND
LETTER OF AGREEMENT
This Letter of Agreement between The City of Ashland and Ashland Police Association outlines how several items
in the new agreement shall be administered.
Holiday Bank— Under the new contract,officers are provided with 100 hours of Holiday Pay the second pay
period in December for the next 12 months. Officers can use the hours during the year like vacation to take paid
time off,or they can elect to receive cash payment for any hours not used on their first paycheck in December. In
the event that an officer leaves employment and s/he has used some of the allotted holiday hours,the City may
require repayment. For the purposes of attaching value for a newly hired officer,or an officer leaving
employment,the 100 hours represents the following 10 paid holidays: •
1) New Years' Day—January 1" 6) Labor Day—First Monday in September
2) Martin Luther King's Birthday—3r4 Monday 7) Veterans Day—November 11th
in January 8) Thanksgiving Day-4th Thursday in
3) President's Day-3rd Monday in February November
4) Memorial Day—Last Monday in May 9) Day after Thanksgiving
5) Independence Day—July 4th 10) Christmas Day
At the time of hire,a new officer will be provided a with a holiday bank which will include 10 hours for any holidays
that have not yet occurred during that calendar year. Any officer leaving employment who has used his/her
holiday hours may be responsible for repaying 10 hours for each holiday taken as time off that,has not occurred
during the calendar year.
Equipment/Clothing Allowance— Association members will receive a stipend of$300 each July for equipment and
clothing significantly used while at work. New hires will be provided With the stipend at the time of hire for the
year in which they begin working for the City, He or she would be eligible for additional stipends each July during
this contract.
Clothing Allowance Advance for new Detectives- Any newly assigned detective will receive an advance of$600
when assigned as a Detective. At the end of the first six months,s/he will begin receiving a monthly Detective
Clothing Allowance in the amount of$100/month. In the event that a newly appointed Detective does not
complete 6 months as a Detective, he/she may be required to repay the City for any portion of the remaining
months not worked.
Overtime Accumulation while at DPSST—Compensation while attending the Basic Police Academy
Employees assigned to training at the basic police academy are expected to do what is needed to ensure successful
completion of the academy. Employees who are required to work more than 80 hours per pay period because the
academy staff require it shall earn comp time for time worked at the rate of equal comp time earned for time
worked. Examples of this include but are not limited to:attending color guard ceremonies; participating in class
wide exercises;attending evening RADAR/LIDAR or similar classes. Employees assigned to training at the academy
are not compensated for lunch breaks.
Employees who choose to engage in after hours studying,exercising, practicing,project development or similar
activities that are not directly mandated by the academy staff shall not be compensated for time spent engaging in
these activities.
Employees assigned to training at the academy are required to accurately record and report their time worked.
ADMINISTRATIDNMUMAN RESOURCES Tel:541488-6002
20 E.Main Street Fax:541488-5311 Ws
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
•
Extra Comp Bank Accrual- At the time of the bargaining for the Extra Comp Bank there was never a maximum
accrual level set. Since that bargaining time,and not during a bargaining session for either drop,the limit was
dropped to 500 hours and again to 100 hours. The APA understands what a hardship of having an unlimited bank
could cause on the City and is willing to drop the Extra Comp Bank to maximum of 300 hours until the end of this
current contact and limit is to negotiated during the 2021-24 contract.
APPROVAL:
CITY OF ASHLAND ASHLAND POLICE ASSOCIATION
By: i By:
Title: C Cry &AAA,.n Sin- OIL Title: t �s�--e*-�r
Date: - 1 1 161 Date: c-1 t 719
ADMINISTRATION/HUMAN RESOURCES Tel:541-488-6002
20 Ashland,l Main Oregon TTY 580X735-290 �,
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us