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Home My WebLink AboutDocuments Submitted at Meeting 2006 Tree of the Year Selection Announcement by the Ashland Tree Commission The Ashland Tree Commission is charged each year with overseeing a selection process to meet the requirements of the National Arbor Day Foundation for designation as a 'Tree City, USA'. Each year for 19 years, AShlanders have nominated trees from allover town, then voted on and chosen one tree from among the fmalists as that year's Tree of the Year. The Tree Commission is pleased to announce the five finalists and the 2006 Tree of the Year selection. THE FIRST TWO FINALISTS ARE ON GRANITE STREET. ************************************************************* Douglas Fir - Pseudotsuga menziesii at 108 Granite Street This lovely example of the state tree of Oregon exhibits characteristic form, which is tall and narrow with spreading branches that gracefully curve upward. ************************************************************* Redwoods - Sequoia sempervirens at 65 Granite Street These redwoods are great local examples of the outstanding size and stature that mature coast redwoods can achieve. Although the native habitat of the "world's' tallest trees" is the Pacific Coast fog belt, our southern Oregon climate allows redwoods to thrive here. ************************************************************* ************************************************************* Western or Sierra Juniper (Juniperus occidentalis) at 126 Church Street 2 SLIDES This stately conifer tree is found throughout the Pacific and Intermountain West. An incredibly resilien~ American native, some specimens grow out of bare rock and can survive for several thousand years. This nicely shaped specimen on Church Street stands on a steep slope, and is a commanding sight at about 30 to 40 feet tall. ************************************************************* Oregon White Oak (Quercus garryana) at 1209 Iowa Street. The Oregon white oak is the principal native oak in the state. This magnificent specimen of a drought-tolerant, deciduous tree has a graceful, well-shaped structure with a broad, spreading canopy of lobe-shaped leaves that shades both domestic dwellings and the street during Ashland's hot weather. ************************************************************* Pacific Madrone - (Arbutus menziesii) in Mountain View Cemetery (visible from Ashland Street (Highway 66), opposite Fire Station #2) This incredible tree, a broadleaf evergreen, has glossy dark green leaves and is a textbook, multi-trunk example of a drought-tolerant native-the Pacific madrone. In the spring, it shows clusters of white, bell-shaped flowers, followed by masses of bright red and yellow edible berries. A resilient species that withstands fire, this huge specimen has the very distinct bark of the madrone, with its distinctive colors and textures, always changing as the old bark peels to reveal new smooth bark. ************************************************************* Beginning in 2003, the Tree Commission instituted an additional process, in which citizens now have two ways to nominate. They may nominate any tree at any time of year by using the online form at the City's website, and they may also participate each fall in this annual, formal selection process. These new procedures have stimulated people of all ages to voice their support for a wider variety of our many, diverse tree species. 21November 2006 9~ 'f17~d..b<- /lJ t? &fJ<< {J tIN i-l fJy I f:1 fr;/u/( ~~ @;J9r J:~--' x ~/~-/C; r Green Springs Interchange (Exit 14) & North Ashland Interchange (Exit 19) INTERCHANGE AREA MANAGEMENT PLANS (lAMP) ODors Mission: "Provide a safe, efficient transportation system that supports economic opportunity and livable communities for Oregonians.." r lAMP 14/19 Overview · What is lAMP 1.4/1.9? · Why an lAMP? · lAMP Content · lAMP Process Flowchart · Ashland's Partnership Role 1 ftw/4- ~ I-st- , )t&!dLl~~ ~~ r Exit 19: N. Ashland/Valley View (view northwest on /-5,1964) r f2~ ~~~ tjidz; Other ODOT Area Bridge Projects... Bundles 301 and 314: Bundle 301 - · Replaces 5 bridges (1-5 overpass): -Eagle Mill Road Bridges, located 2 miles south of Exit 19; - Bear Creek Bridges, located 0.8 miles north of Exit 14; and - Neil Creek Road Bridge, located approximately 3 miles south of Al Ashland. · Design work beginning; Construction scheduled early 2008 Bundle 314 - · Replaces 2 bridges (1-5 underpass): - Ashland St. / Greensprings Hwy. Bridge at Exit 14; - South Valley View Road Bridge at Exit 19. · Design work to begin Spring (March) 2007, @ 2 yrs. · Public participation opportunity during design · Construction anticipated 2009 - 2011. , *k&d- r 2 J4~ r What is lAMP 14/19 ? An "Interchange Area Management Plan" -. a 20 year plan for managing Interchanges to achieve a balanced land use and transportation relationship. An agency partnership plan expressing Ashland, .Jackson County and ODOT's management objectives. A plan to protect the function & capacity 0;' an interchange - i.e. "managing the margin." An element of the Ashland / .Jackson County TSPs (Transportation System Plans) - adopted by City/Co. An ODOT Facility Plan - adopted by the OTC tJ~ r Why an lAMP... Purpose & Need? · Similar to the movement of blood throughout the body, a transportation network serves as the lifeline for the movement of people, goods and services within and beyond the commuf!,ity. L. .- tMU~ /~ · Without effective management, the network may become overly congested and clogged, leading to interchange/ local street traffic problems, prior to the design and functional life of the facility. · An IAMP provides the management tools necessary for the long-term sustainability of the network. ~dU5~crQ/ ;JI~ f;<.;,f ~ . ~b7tTjt1M/I~ ~tf }~ ~~ 3 ,- I OC&/Id ~ --- r Why?.. Land Use & Transportation Basics: 'Source: Stover & Koepke, Transportation andLandnevelopment (2"d edition) ~ fi&ure 1-1. 1M T~1ion-Und U~ DfNeIopment Cyck ----- Complete ~~pw t;&d5 Access I Control 'tl/Id I/${? i Movement Arterial j ~ E .. E l! a 0 c Collector ~ ";; ~ .. .. it D . .. .. 0 ,~Ll Access local Access Figure 4-3. IIJsic Functional Clnses r Why?... Land Use & Transportation Basics: 'Source: Stover & Koepke, TI'ansporlalion..andLand Development (2nd edition) Growth IAMP Purpose: To manage This margin - Supply Demand Congestion Private Development Perfect Equilibrium Points Time Figure 1-3. Balance Between Increments of Development and Improvements in Transportation Facilities Source: Winick [13J as modified by Owolabi [81" N'~ ~"~ ~HI 4 /JJdd ~ AJ-k'fik ,5> T lAMP Content Front matter: purpose a intent, problem statement, interchange function, goals a objectives, management area, authority,... Existing Conditions Inventory a Data Analysis - Future Conditions Analysis Management Alternatives Development and Analysis Interchange Area and Access Management elim Adoption a Implementation (Local Gov't. a the OTC) ~ ... ,....-, o..-o..--...r~ l-.I 1OOOf1_ -=== D_PIIl'/TIC........ - =--"==~'::- "'....,.~'" / f~W-' I~~ Cr'~ j.ftf/ We //lJ ~ 5 r Y'd~ crt/;tJu'/~ Potential lAMP Management Tools Transportation System Management (TSM) - traffic control, lane striping, signing,... Transportation Demand Management (TOM) - TOM strategies, transit service, multi- modal facilities Trip Budget Ordinance - trip caps & trip allocation strategies Other land use strategies and ordinances to preserve capacity, safety and performance standards: - zone changes, density controls. ~ ~.."U.)- Interchange Ramp Metering --/'7lt;f1!j ~ Other transportation system improvements - ~I':A. r IAMP Future Fiffects Ltud tt5t.r Increased quality in balancing LU&T: r better planning leading to better -I. 1~4L/z:. h management decisions. - ~ to lffi ~-, crJ, Recognition of the importance of Access Management to interchange area safety & operations: balancing mobility & access. Increased predictability among Local Governments, ODOT and developers. 6 r lAMP Future FJ:Tects Protection of facility improvements serving 20 year minimum growth. Better future decision-making. Responsible stewardship of major public investments for interchange facilities. r Ashland's Role... · Ashland / ODOT Partnership on Project - Partner in project decision-making process · via CAC, TAC, and city PC/CC decisions. - Adopt the plan: City and the OTC (Oregon Transportation Commission) · Drive Public Involvement: - Designate Citizens Advisory Committee (CAC) membership - Technical Advisory Committee (TAC) staff - Coordinate meetings, facilities and timing of Public Workshops 7 r Available Resources ... · ODOT Transportation Development Division (TDD) http:// www.oregon.gov I ODOT ITD ITP I · lAMP Guidelines http://www.oregon.gov IODOT ITD ITP I docs/Dublications/lAMP Iguide Iines.Ddf · John D. McDonald, Project Manager (541) 957-3688 )oh n. McDona Id@odot.state.or.us r Questions & Answers ... thank you! CONTACTS: John D. McDonald, Project Manager (541) 957-3688 John. MCDONALD@odot.state.or.us David J. Pyles, Development Review Planner (541) 774-6399 .David. PVLES@odot.state.or.us 8 November 15, 2006 Cynthia Gunn 2410 Demaray Grants Pass, OR 97526 RE: Hwy 199 Expressway Upgrade Dear Cynthia: Thank you for your phone call regarding the Hwy 199 Expressway Upgrade project. You were calling in response to our letter notifying you about surveying in along Hubbard and Demaray. As we spoke on the phone, the Hwy 199 Expressway Upgrade project is in a study phase to determine solutions for solving safety and congestions problems along Hwy 199 from Midway to the South Y. Citizen Teams have been meeting for almost 2 years developing alternatives and narrowing the alternatives down. They have forwarded 2 alternatives for additional detailed technical analysis, each of which contains the same modifications in the Hubbard area. Specifically in your area, the proposed modifications include: · Traffic Signal on US 199 @ Hubbard · Improvements to Hubbard and realigning the connection to Demaray · Adding a left turn lane on Demaray (NB) to turn north onto Hubbard The Hwy 199 Expressway team will be releasing the draft project study (Environmental Assessment) for public review and comment after the first of the year. I'd encourage you to provide any comments regarding the proposal during the public comment period. After the public comment period, the Citizen Teams may make changes to the proposal based on the public comments. In addition, ODOT staff will respond and address the comments in the final study report due out in late spring. I am including the concepts that the teams are studying. The only difference in the two concepts is the modifications at Allen Creek and Redwood Ave, they both have the same treatments along the highway and in the western section. If you have questions about what the lines on the paper or anything else, please call or we can meet in person to discuss further. please don't hesitate to call Gary Learning (774-6388) or me (774-6380) anytime regarding the project. Sincerely, Eryca McCartin ODOT Project Leader Rogue Valley Office cc: Debbie Timms, ODOT Project Leader Gary Learning, ODOT Public Relations T I Thank You Lt. Ehren Watada - Army moves forward with court martial Main Menu Home Donate Petition Contact Us Add Your Name Take Action In the News In Support Organizations >( Resource Toolkit ThankYouLT Hawaii Photos Videos Search June 27 National Day of Action to Stand Up with Lt. Watada reports! .-::--~ 1 of 3 W~:;la~ 8y -==-----1 r, ~.' ....._... _ <' Army moves forward with court martial 1J November 11, 2006 Update Political charges of "contempt towards the president" dropped, four years prison still possible for political speech critical of Iraq War. Trial date not yet set, expected early 2007 "I think as the recent elections show more and more Americans are opening their eyes, but we aren't there yet. 1 hope that actions such as mine will continue to help expose the truth behind the fundamental illegality and immorality of the war." - U.S. Army Lt. Ehren Watada After an unexpected delay, the Army has announced the forwarding of charges against Lt. Ehren Watada by Fort Lewis Commanding Officer Lt. General James Dubik. Lt. Watada is to be court martialed for missing movement (article 87 of the Uniform Code of Military Justice) and multiple counts of "Conduct Unbecoming an Officer and a Gentleman" for his publiC opposition to the illegal and immoral occupation war in Iraq. In a pre-trial victory for Lt. Watada, the Army has retreated on all counts of "content towards government officials" - specifically President G. W. Bush. The last known prosecution of this article was in 1965 resulting from Lt. Henry Howe's opposition to U.s. foreign policy during the Vietnam War. Lt. Watada's defense team believe the military favors the conduct unbecoming charges for their overly broad nature, versus the more controversial "contempt of officials" that would have opened the door to the obvious question, "can speech be contemptuous, if it is factual?" Lt. Ehren Watada responds "The referral of the charges was not unexpected. I'm moving forward as I always have with resilience and fortitude to face the challenges ahead. . . I think the recent elections show more and more Americans are opening their eyes, but we aren't there yet. I hope that actions such as mine will continue to help expose the truth behind the fundamental illegality and immorality of the war," said Lt. Ehren Watada. "The reason I spoke out, I saw that what was being done in terms of this war http://thankyoult.li ve.radicaldesigns .orgl content/view 11921 ThankYoul '0 On June 22, U.! Lieutenant Ehl became the firs officer to publici deployment tc Iraq War and ( Lt. Watada has charged with c towards Presi, conduct unbeco and a gentlema movement. On August 24, t pre-trial hearin~ recommended c martial on all , September 15, charge was ad! For the fi rst tim the military is p objector for his faces over eigt prison - over Sl Amendment SpE Help Lt. Watac on trial! Your s including dona! Watada's defe urgently needec 11/1712006 Thank You Lt. Ehren Watada - Army moves forward with court martial Play Video Message to supporters was so illegal and so immoral, and not being checked. It was a danger to our troops and a danger to our country. So, I think what needs to be done is some kind of accountability in Washington (D.C.) and also investigations into how this war was started in the first place." Lt. Watada told reporters at a press conference last Thursday that "almost every day, someone from the military or the outside sends me some kind of correspondence or approaches me in person to render support or their respect." December 8-10 days of action to support Lt. Watada and all GI resisters It's time for us to escalate public pressure and action in support of Lt. Watada and the growing movement of thousands of courageous men and women GI's who have in many different ways followed the their conscience, upholding international law, taking a principled stand against unjust, illegal war and occupation and stood up for their rights. Widespread public support and pressure will help create true support for courageous troops facing isolation and repression, and help protect their civil liberties and human rights. We call for the following: 1) Support for all war objectors 2) Protect the right to conscientious objection 3) Protect the liberties and human rights of GI's 4) Sanctuary for war objectors In the Pacific Northwest, these actions will serve as a warm up for larger mobilizations and events to coincide with Lt. Watada's trial early next year. The actual court martial date has not yet been sent. Citizen's hearing on Iraq, January 20-21 One important event in support of Lt. Watada's courageous stand in opposition to the illegal and immoral occupation war in Iraq already underway is citizen's hearing to be held in the Seattle area over January 20-21. Confirmed participants include David Kreiger and Daniel Ellsberg, while Veterans for Peace and Gold Star Families for Peace have joined the effort. More information coming soon! Bob Watada, currently in middle of a cross-country speaking tour in support of his son Ehren, responded to the referral of charges by declaring, "People come up and tell us that Ehren is a true American hero. Of course, we are concerned about the outcome of the trial, but we are very gratified with the enormous support from a broad sector of the American people." http://thankyoult.li ve.radicaldesigns.org/content/view 11921 Page 2 of 3 Posters, t-sh and III 1712006 Third Estate Sunday Review: Remember Ehren Watada? II SEARCH SLOG II FLAG SLOG I Next Blog>> Page 1 of 3 Create Blog I Sign In Third Estate Sunday Review The Third Estate Sunday Review focuses on politics and culture. We're an online magazine. We don't play nice and we don't kiss butt. In the words of Cher: "If you can dig it then I'm happy and if you can't then I'm sorry." We're not really sorry, we just wanted a "dig it" quote. Don't like it? There are millions of sites online -- move along, you're blocking the view. Sunday, November 12, 2006 Remember Ehren Watada? Hey, remember Ehren Watada? In June, he was news. Carried on a little throughout the summer. The Nation even did two pieces on him (online 'exclusives' - - translation, not a worthy topic to print). Truthout, BuzzF/ash, Common Dreams, Democracy Now! and others were all over this. Now in August, he had an Article 32 hearing. By that point, even The New York Times had written an article about him. He is the first commissioned officer to publicly refuse to deploy to Iraq. Watada, rightly, feels the war is illegal. To go to Iraq would be to participate in war crimes and risk that those serving under him participate in them as well. How did he come to that conclusion? By following a superior's advice, after Watada learned that he was going to Iraq, and studying up on the war. So he does so and discovers that the war is illegal. He repeatedly attempts to resign. The US military is having nothing to do with that. In June, he publicly announces he will not deploy. His unit deploys and Watada doesn't. He's a US war resister and, in the beginning, it looked as though independent media might be interested in the story. Then came the August 17th Article 32 hearing. And where was independent media? Early on, the US military was attempting to force reporters to offer testimony. Is that what spooked indymedia? We have no idea. (Our guess is that they just don't give a damn.) But the one-day hearing was worth About Me Name: Third Estate Sunday Review location: New York, US Jim, Dona, Jess, Ty, "Ava" started out this site as five students enrolled in journalism in NY. Now? We're still students. We're in CA. Journalism? The majority scoffs at the notion. From the start, at the very start, C.L of The Common Ills has helped with the writing here. C.L's part of our core six/gang. (C.L and Ava write the 1V commentaries by themselves.) So that's the six of us. We also credit Dallas as our link locator, soundboard and much more. We try to remember to thank him each week (don't always remember to note it here) but we'll note him in this. So this is a site by the gang/core six: Jim, Dona, Ty, Jess, Ava and C.L (of The Common Ills). View my complete profile -..:)'~(-f("~..- CODEPINK FOR PEACE Previous Posts Truest statement of the week A Note to Our Readers Editorial: Now what? TV: Saturday Night Dead The Full Brobeck Remember Ehren Watada? You gotta' stay loose, limber and prepared Go down, Dexy Junior campaigned in strange places http://thirdestatesundayreview . blogspot.coml2006/ II/remember -ehren - watada. html 11/17/2006 Third Estate Sunday Review: Remember Ehren Watada? covering. Both for the fact that he was facing the equivalent of a grand jury hearing to determine whether or not he would be 'indicted' as well as the three witnesses that provided testimony for the defense and what they had to say. [Swiping from C.I.: "For details on Ann Wright's testimony, click here, Dennis Halliday click here, and here for Francis A. Boyle.] Independent media's lack of interest should have been obvious then. The hearing took place on a Thursday. Amy Goodman did include in headlines on Democracy Now.! . . . on a Tuesday. Five days later. Sounded like it was trying to be sneaked in. Whatever the reason, the way it sounded made many think the presiding officer had reached a recommendation. (He hadn't. It would be two more days before his decision was announced. By which point, one indymedia journalist, writing at an indymedia site, would go on what he thought he heard on DN! and have published -- before the recommendation was announced, that Watada was going to be court- martialed.) Some never even bothered to announce it that the one-day hearing took place. When the recommendation came back it was in favor of a court- martial. That was in August. Carolyn Ho, Watada's mother has spoken publicly repeatedly to raise awareness on her son. Ehren Watada's father, Bob Watada, and his step-mother, Rosa Sakanishi, have basically been living on the road with breaks between their tours to raise awareness on Watada. The only independent media outlet that we're aware of interviewing Bob Watada in all this time (when he was more than willing to grant interviews as the mainstream press can tell you) was KPFA (Philip Maldari interviewed him for The Morning Show.) Waiting for the world to change? We'd be happy if independent media would change. (Yes, that's at least the third John Mayer ref in this edition, we've listened to Continuum nonstop.) Thursday evening, the US military announced they were moving forward with a court-martial. Some how The KPFA Evening News reported it and C.I. were able to note that on Thursday. Others weren't. Well, there was Friday, right? Oh, cookie, you gatta' lose that cherry. Rebecca's "remember the ladies? forgotten at the democracy now round-table" surveyed independent media outlets Friday to find out who was noting it and, later that day, Mike's "Ehren Watada's going to be court-martialed and indymedia doesn't bother to tell you" provided an update. (No on Democracy Now.!, Common Dreams, BuzzF/ash, Truthout, The Nation, The Progressive, . . .) Somehow, mainstream press outlets in Hawaii and Seattle were able to report on it Friday. The Associated Press started noting it Thursday and that story was picked up pretty much everywhere in big media. CBS ran it here. Well Saturday, surely, Saturday would be different, right? Again, you're going to have to lose that cherry. Page 2 of 3 10 CDs we listened to during the writing of this e... links The Common Ills . Sex And Politics and Screeds and Attitude . Thomas Friedman Is a Great Man . Kat's Korner (of The Common Ills) . Mikey likes It! . Cedric's Big Mix . Like Maria Said Paz . Seth in the City . The Daily Jot . Trina's Kitchen . Cedric's Big Mix (old site) . liberal Oasis . The Official Cass Elliot Web Site . Consortium News . Why Are We Back In Iraq? . Illicit Darkness http://thirdestatesunda yreview. blogspot.coml20061 11 Iremember -ehren - watada. html 11/17 12006 Third Estate Sunday Review: Remember Ehren Watada? Page 3 of 3 . The Smeal Report Trina's "Turkey in the Kitchen" looked into our indy outlets and found the same thing Rebecca and Mike had the day before: Nothing. Does this cut it? We don't think so. . A New leif As C.I. noted Friday, it was part of a pattern: War resister Ivan Brobeck returned to the US from Canada to turn himself in Tuesday and he didn't even make the indy headlines. (Nora Barrows Friedman did interview him on Monday's Flashpoints.) It's not cutting it. Not for Brobeck, not for Kyle Snyder who's also been ignored after returning to the US and, on October 31st, turning himself in at Fort Knox only to self-check out again after discovering the military had lied yet again. Not for Joshua Key who learned that the Canadian government was denying him refugee status. So somehow, in June, when he took a stand, he was news. But when the stand results in a court-martial, there's no time to even note that? . Pacifica Radio . Center for Constitutional Rights . National lawyers Guild . News Dissector . The Black Commentator It's a real shame that independent media lacks both Watada's strength and his committment. We deal with the issue of coverage elsewhere in this edition ("The Full Brobeck"). For now, let's just note that it's becoming impossible to get current news on war resisters. Again from C.I.: . law and Disorder . Impeachment Handbook Information on war resistance within the military can be found at Center on Conscience & War, The Objector, The G.!. Rights Hotline, and the War Resisters Support Campaign. Courage to Resist offers information on all public war resisters. Appeal for Redress is collecting signatures of active duty service members calling on Congress to bring the troops home -- the petition will be delivered to Congress in January. . Ron Schalow's Headline News . BullShitArtist posted by Third Estate Sunday Review @ Sunda~ November 12F 2006 . law and Disorder << Home . GreenStone Media . Should This Marriage Be Saved'; (Common Ills) . Reading Press Releases live Fn The Green Zone (C.l.) Site Feed J Power Blogger http://thirdestatesunda yreview . blogspot.coml2006/ II/remember -ehren - watada.html 11/17/2006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 1 of 4 (Good) Catholics' views on Lt. Ehren Watada, Iraq war MatU:~,_Ab!:tQ1t June 8, 2006 I thought I'd ask some solidly orthodox Catholics to comment on Army Lieutenant Ehren Watada's refusal to be deployed to Iraq because of his objection to the war. The following are slightly-edited statements on the matter from three Catholic priests and three Catholic lay persons: Father Tom Euteneuer: Matt C. Abbott "We have to believe in the fundamental right of conscientious objection in any field. It is especially important in the fight against the world's most vicious dictatorship, the culture of death. Lt. Watada has the right to object in conscience to a war he feels is immoral as long as he is willing to pay the price for that conscientious objection. "What I find striking about this story is that the Army seems to have refused to grant space to this man's conscience. They refused to re-assign him and seem to be making an example of him when they should rather be respecting his convictions. The Army is certainly big enough to accommodate people who do not wish to participate in any given war, and it hardly seems there will be a groundswell of conscientious objection to the war from within the ranks of an all-volunteer army. "My basic point is that conscience has to be respected, and when it is not, we politicize and trivialize the moral dimension of life which is the foundation of everything. This is as true for the war in Iraq as it is in the fight against abortion. When we undermine conscience, we all lose." Eather Jeffrey Robideau: "I am not an expert on what constitutes a just war, but I have studied, though some time ago, the Just War Theory. From this I know that the Church has always taught that war is sometimes a necessary evil and that the state has to right to declare war against another state if certain conditions are present and one will fight according to certain rules. These can all be studied under the Just War Theory. "The politics and bias media coverage make it difficult for any individual to determine if this is a just war or not. With this being the case, how can a Catholic make a decision as to weather or not to fight or not fight this war? In one sense, as a Catholic, we have the duty and obligation to listen to what the Church says. On the other hand, we have many leaders in the Church who fall into the trap of false charity, false forgiveness or have a modernist agenda. We cannot follow such leaders when it comes to such issues. "We have another teaching called patriotism. Patriotism is a virtue one must develop in life. Again we have a problem. The same as we have corrupt leaders in the Church, we have corrupt leaders in the state. To whom are we to listen? http://www.renewamerica.us/columns/abbott/060608 11/17/2006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 2 of 4 "Another teaching to come into play is that of following one's informed conscience. Again, when the information we are being feed is corrupt and bias, even with the best intention, we cannot make a good decision. "What if we look at history? I cannot come down against Islam for their violence. We have done violence as a church also. But we have learned from our mistakes. We even teach religious tolerance now. The problem is that the Islamic nations do not seem to be willing to learn this lesson. Why? We were able to learn because violence has never been our doctrine. Violence was done by man in the name of religion. For the Muslims, violence is doctrine. They are to kill infidels (us) if they do not convert. They will not be willing to change their doctrine of the sword any more than we would be willing to change our doctrine on the Trinity. "Also part of our history is the Crusades. We, as the Church, went to war against these same people. Why? Because they were killing our pilgrims. They were doing what Muslims do - kill those of differing opinions on religion. We protected ourselves - something allowed by Church teaching. "Does any of this help? No! It is all very confusing. When there are no certain paths to take, one must make the best choice they can, having prayed and considered all the facts they can find. With this, one will also need to be willing to face consequences for his actions. The most important consequence is not from the Church or state, but from God. "This last part is my opinion about the Iraq war. We are there for the wrong reasons, based on bad, distorted or propaganda type information. The war may have been inevitable because of the situation in the Middle East and the fact we were attacked by Muslims. Islam is more than a religion; it is also their government. So this is not a religious war, but a war between states. This allows our government the right to declare war on them. The problem is that the religion is not constrained by geographic boundaries. We must ask then, where are we willing to take this war, including within our own nation? "We will not be able to make Iraq a democratic nation, nor do we have to. It will be temporary at best. There should be no problem with there being an Islamic state. After all, we are a Christian state, with laws based on Christian principles. Why should they not be allowed to do the same with their state? There is room for both. If that is what they want, then fine, religious freedom allows for it. They must, however, change their policy on killing us. They must allow us to exist as a Christian state. They must also respect human dignity in that there can be no more torture, mass murder, or genocide. "So what is a soldier to do? Ask: Is the state asking me to do anything immoral? If not, then the state is a legitimate authority and we must follow. The state has the right and duty to protect and defend the citizens of the state. If it is immoral, then we have a Christian duty to defy the state and face the consequences." FathecBurns Seeley: "Below is a copy of the oath which Lt. Watada took as a member of the U.S. Army. However, he declares that the war in Iraq is immoral and unjust and refuses to return to Iraq. 'I, , do solemnly swear (or affirm) that I will support and defend the Con~1LtlJ1LQD of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.' "It is questionable whether a U.S. soldier may legally be free of penalty or punishment, if he declares that he objects in conscience to a particular war, but not to all wars. http://www.renewamerica.us/columns/abbott/060608 11/17/2006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 3 of 4 (See http://www.objector.org/advice/conscientious objector-25. html#pgfld-127) "Of course, he is still free in conscience to object to any particular war. But his should be a well- informed conscience and he also should be willing to accept any punishment a court martial may mete out to him." William Grossklas: "If our country is unjustifiably attacked by another country and you wish to fight the attackers, have at it. It's just too bad that's not the case with the United States. "By the same token, as we have an all voluntary military, any soldier who believes the government's course of action is wrong, then that man has the right to refuse to fight. If not, then our government is no better than the Nazis. Remember the excuse of those on trial at Nuremburg, 'Befehl ist befehl! - 'Orders are orders.' That doesn't cut any ice and soldiers are not to blindly obey their leaders when they conscientiously believe them to be in error - whether that be a squad leader or the president of the United States (recall My Lai and Haditha). Otherwise, what's voluntary about our military? "The same freedom of conscience also applies to soldiers who have been drafted - even more so because they've been put into bondage by their own government and not by their own will. Slavery was supposed to have been outlawed in the United States after the conclusion of the illegal war of the tyrant Lincoln - the same as Bush's wars today. The only difference is that Bush and his neo-con allies haven't reinstituted the draft, yet, but they are extending tours of duty for those they've shipped to Afghanistan and Iraq and it's taking its toll on the mental state of those troops. "If the state doesn't own me, they don't have the right to compel me to serve in its wars. If it assumes that right, then I'm not a free man and the U.S. is not a free country. Of course, to show that is the case outside of the draft is relatively simple. But that is a subject for another time. And as far as war in general goes, Catholic teaching is clear on this. You have the right to repel an aggressor. The current conflicts in which the United States is engaged, unfortunately, have no such justification. "As far as Lt. Ehren Watada goes, all the more power to him. I salute his efforts. Of course, if they went after Michael New for refusing to wear the UN Blue, I suspect they're going to come down with both feet on Watada. After all, a totalitarian state can't have its subject disobeying." Su.san Gorski: "My dad was a Lieutenant Colonel in the United States Air Force. We do not currently have a draft in place so military service is voluntary for which people enlist. Anyone who enlists in the military service should have the reasonable expectation that they may be called upon to fight in a war. It's plainly a part of what the military does. People who don't have that expectation, however just or unjust the war may be, really don't have any business joining, or remaining enlisted in, the military. As with other conscientious objectors, they should be released from all military duty or request to be discharged. "As to determining the justice of the Iraq war, one has to know all the facts, which would also include any military secrets the government does not release to the public. Otherwise, it is 'best guess' or personal opinion. The Catholic Church allows for fighting a just war. My father did, and because he was a bomber pilot, he dropped bombs that killed people during World War II. He used his side arm as well. He could have objected to fighting the Nazis, but he believed it to be a just war. My father enlisted, and he flew 25 missions and was shot down twice. Was it worth it? He thought so, and I'm proud to be his daughter because of the sacrifice he was willing to make and did make." Kelly Ames: http://www.renewamerica.us/col umns/abbott/060608 11/1712006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 4 of 4 "I can respect the Watada's position, but regarding Catholic social teaching, I do not think the Iraqi war is unjust at all. Saddam Hussein killed at least a few hundred thousand of his own people., We, as well as the UN, had given him many warnings and even imposed sanctions that he completely ignored. His people were basically starving and had no hope for the future under his oppressive regime. "The media has been terribly negative about the war, and we never hear about anything positive. It is very hard to find the truth - one has to read 'Opinionjournal.com' or the blog 'President Aristotle' to find out about the successes and structural improvements that have occurred within Iraq. I do not like war and hope we are able to get out of Iraq as soon as possible, but if we were to do so now, we would be deserting the Iraqi people and their new government." Matt C. Abbott is a Catholic columnist. He can be reached at mattcabbott@gmail.c.Qm . @ Copyright 2006 by Matt C. Abbott tmp:jJyy ww, .renew a mj!r:i~g.!J sftQIl!mDsj5LI::>I::>Qt!10~0608 The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of Alan Keyes, RenewAmerica, or its affiliates. http://www.renewamerica.us/col umns/ abbott/060608 11/17/2006 To The Ashland City Council November 21,2006 Good evening. My name is Amy Cuddy, and I live at 194 Logan Drive in Ashland. I am here tonight to ask that you postpone your decision on banning fluoride in the city water - and to ask that you research this issue more fully before voting. In my remarks I want to make four points: 1. We have a problem in our community. 2. There is a safe and effective solution to the problem, a solution which the ordinance before you pre-empts. 3. This is not a health issue; it is, however, a class issue. 4. Experts on this subject are available and should be consulted before a significant policy decision is made. Point #1: We have a problem in our community. Poor dental health is the most prevalent public health problem affecting children in Jackson County. We have pre-schoolers in our community who need root canals, and elementary students with decay in over 90% of their teeth. These are children who cannot pay attention in school due to tooth pain and who in some cases cannot eat well enough to thrive. And their prognosis is not good. Dental problems can plague a person for a lifetime, damaging his or her overall health, limiting his or her chances of employment, and encouraging self-medication/substance abuse to dull the pain. It is well known in the field that good oral health is built on a 3-legged stool of prevention (brushing, flossing and so on), access to dental care, and fluoridation. In our community we have no fluoridation, and limited access to care, leaving one leg to try to hold up the stool. And it isn't working - as local healthcare providers, especially those who serve the needy, can attest to. Point #2: There is a safe and effective solution to the problem, a solution which the ordinance before you pre-empts. The American Dental Association (ADA) has supported the use of fluoridation for more than 55 years. Their web site lists study after study supporting its use, some studies which demonstrate its clear health benefits and other studies which dispel safety concerns. And I quote from the ADA web site: "Fluoridation of community water supplies is safe. This has been the American Dental Association's (ADA) policy since 1950. The ADA's policies regarding community water fluoridation are based on the overwhelming weight of credible scientific evidence. This body of knowledge is based on the efforts of nationally recognized scientists who have conducted research using the scientific method, have drawn appropriate balanced conclusions based on their research findings and have published their results in refereed (peer-reviewed) professional journals that are widely held or circulated such as The Journal of the American Medical Association and the American Journal of Public Health. Studies showing the safety of water fluoridation have been confirmed by independent scientific studies. Throughout more than 55 years of research and practical experience, the overwhelming weight of credible scientific evidence has consistently indicated that fluoridation of community water supplies is safe. The possibility of any adverse health effects from continuous low-level consumption of fluoride has been and continues to be extensively studied. Of the hundreds of credible scientific studies on fluoridation, none has shown health problems associated with the consumption of optimally fluoridated water. " End quote. So clear is the link, however, between fluoride and reduced dental disease that on October 14th of this year the Food and Drug Administration (FDA) issued a decision, allowing bottlers to claim that their fluoridated bottled water may reduce the risk of cavities and tooth decay. In issuing this ruling the FDA cited the fmdings of the Surgeon General, the Centers for Disease Control, and others. You've probably seen vitamin waters; well, coming soon to a grocery store near you will be fluoridated waters! In addition, public health departments in some states have begun issuing or are considering issuing fluoridated bottles of water to new mothers to mix with baby formula. Point # 3: This is not a health issue: it is. however. a class issue. Please be aware that in AsWand the issue of fluoridation is, at least in part, an economic class issue. Those who can afford it buy prescription fluoride drops for their infants and later prescription vitamins that contain fluoride for their children to ingest - on the advice of their pediatricians; they buy fluoride rinses for their children to swish with every day - on the advice of their dentists and orthodontists; and they pay for topical fluoride applications at the dentist. In other words, the privileged still get fluoride, if they choose. It is the most vulnerable children who do not. And sadly they may never get fluoride. But if you pass this ordinance, they certainly will not. Studies show that for every $1 invested in fluoridation, future dental care costs are reduced by $38. That's in part why I keep buying those fluoridated vitamins; while those who cannot afford the vitamins probably can't afford the subsequent dental work. You may have seen the article in The Mail Tribune a couple of days ago about the pediatric dentist from Southern Oregon who has been doing work in impoverished communities in Vietnam. According to the article, his next goal is to bring fluoridation to the water there, that is to provide an important health benefit to people who need it but are simply too poor to pay for it. How ironic. As I said, it's a class issue. Point #4: Experts on this subiect are available and should be consulted before a significant policy decision is made. Clearly I am a citizen who believes in the benefits of fluoride. I understand that you have heard from other concerned citizens who do not. Good people can disagree, even about what the science says. So, what I am asking is that you not take my word for it or any other citizen's word. Rather that you delay this decision, and in the meantime ask to hear more -much more - from some experts, both locally and nationally, such as the ADA; the Surgeon General; our county health director, Hank Collins; the dental program manager at La Clinica del Valle; the director of the Children's Dental Clinic, which uses volunteer dentists to provide free dental care to needy children in the Rogue Valley, and so on. Should you wish, I would be happy to help with referrals and/or in other ways. As a start I have attached to my printed remarks a three-page list of national and international organizations that recognize the public health benefits of community water fluoridation. These organizations range from the March of Dimes to the Alzheimer's Association and from the National Head Start Association to the American Cancer Society. I hope this will be a helpful reference for you. Thank you for your consideration this evening. National and International Organizations That Recognize the Public Health Benefits of Community Water Fluoridation for Preventing Dental Decay: Academy of Dentistry International Academy of General Dentistry Academy for Sports Dentistry Alzheimer's Association America's Health Insurance Plans American Academy of Family Physicians American Academy of Nurse Practitioners American Academy of Oral and Maxillofacial Pathology American Academy of Orthopaedic Surgeons American Academy of Pediatrics American Academy of Pediatric Dentistry American Academy of Periodontology American Academy of Physician Assistants American Association for Community Dental Programs American Association for Dental Research American Association for Health Education American Association for the Advancement of Science American Association of Endodontists American Association of Oral and Maxillofacial Surgeons American Association of Orthodontists American Association of Public Health Dentistry American Association of Women Dentists American Cancer Society American College of Dentists American College of Physicians-American Society of Internal Medicine American College of Preventive Medicine American College ofProsthodontists American Council on Science and Health American Dental Assistants Association American Dental Association American Dental Education Association American Dental Hygienists' Association American Dietetic Association American Federation of Labor and Congress of Industrial Organizations American Hospital Association American Legislative Exchange Council American Medical Association American Nurses Association American Osteopathic Association American Pharmacists Association American Public Health Association American School Health Association American Society for Clinical Nutrition American Society for Nutritional Sciences American Student Dental Association American Veterinary Medical Association American Water Works Association Association for Academic Health Centers Association of American Medical Colleges Association of Clinicians for the Underserved Association of Maternal and Child Health Programs Association of State and Territorial Dental Directors Association of State and Territorial Health Officials Association of State and Territorial Public Health Nutrition Directors British Fluoridation Society Canadian Dental Association Canadian Dental Hygienists Association Canadian Medical Association Canadian Nurses Association Canadian Paediatric Society Canadian Public Health Association Child Welfare League of America Children's Dental Health Project Chocolate Manufacturers Association Consumer Federation of America Council of State and Territorial Epidemiologists Delta Dental Plans Association FDI World Dental Federation Federation of American Hospitals Hispanic Dental Association Indian Dental Association (U.S.A.) Institute of Medicine International Association for Dental Research International Association for Orthodontics International College of Dentists March of Dimes Birth Defects Foundation National Association of Community Health Centers National Association of County and City Health Officials National Association of Dental Assistants National Association of Local Boards of Health National Association of Social Workers National Confectioners Association National Council Against Health Fraud National Dental Assistants Association National Dental Association National Dental Hygienists' Association National Down Syndrome Congress National Down Syndrome Society National Eating Disorders Association National Foundation of Dentistry for the Handicapped National Head Start Association National Health Law Program National Healthy Mothers, Healthy Babies Coalition National Kidney Foundation Oral Health America Robert Wood Johnson Foundation Society for Public Health Education Society of American Indian Dentists Special Care Dentistry Academy of Dentistry for Persons with Disabilities American Association of Hospital Dentists American Society for Geriatric Dentistry The Children's Health Fund The Dental Health Foundation (of California) U.S. Department of Defense U.S. Department of Veterans Affairs U.S. Public Health Service Health Resources and Services Administration (HRSA) Centers for Disease Control and Prevention (CDC) National Institute of Dental and Craniofacial Research (NIDCR) World Federation of Orthodontists World Health Organization Permission is hereby granted to reproduce and distribute this Fluoridation Facts Compendium in its entirety, without modification. To request any other copyright permission please contact the American Dental Association at 312- 440-2879. a history of the mandatory fluoridation of public water systems Whether we believe water fluoridation is good or bad comes down to what sources of information we choose to believe. The Center for Disease Control promotes water fluoridation. For many years, the public health industry told us that lead was safe in gasoline and DOT was good for us. We know today the falsity of those campaigns. It is, of course, wise to question authority when that authority's research is funded by industries with financial and political interests at stake. Christopher Bryson, an award-winning journalist and former producer at the BSC spent 10 years researching the public fluoridation of water in the writing of his 2004 book, "The Fluoride Deception." Bryson's research uncovered that the first suggestion that fluoride be added to public water supplies was made in 1939 by a researcher, Gerald Cox, at the Mellon Institute in Pittsburg. Cox became interested in fluoride because of the suggestion of Francis Frary (the director of the aluminum laboratory for the Aluminum Company of America, ALCOA), the largest producer of toxic sodium fluoride waste. Frary suggested that Cox look at Fluoride's dental effec~ At the time that ALCOA was being threatened by fluoride damage claims, Cox was employed by ALCOA to fluoridate lab rats, and he concluded that fluoride reduced cavities and claimed that it should be added to the nation's water sUPPlies~1947, Oscar Ewing, a long-time ALCOA lawyer, was appointed head of the Federal Security Agency, placing him in charge of the Public Health Service. Over the next three years, eighty-seven new U.S. cities began fluoridating their water. Bryson studied the files of the Manhattan Project and the Atomic Energy Commission and found that in the forties, fluoride was being researched by the Manhattan Project and the University of Rochester as one of the important toxic components in creating the atomic bomb. As a result of the enormous quantities of fluoride needed to produce the bomb that was dropped on Hiroshima, the Manhattan Project asked the toxicology department at the University of Rochester to come up with medical information that could help the government in lawsuits in which the United States Army and the U.S. government were being charged with fluoride pollution. According to James M. Dunning, Harvard School of Dental Medicine, 1984. (Quote from: Social Science & Medicine 1984, vol. 19, page 1245.) "The big cities in the United States were mostly fluoridated by executive action in such a way as to avoid public referenda." Bryson also found that during the 90's, a nuerotoxicologist at a Harvard-affiliated research institute, Phyllis Mullenix, had invented a new technology for studying the nuerotoxicity of various chemicals. When Mullenix was brought into the Forsythe Dental Research Institute in Boston, she was asked to study the effects of fluoride. Mullenix refused to waste her time because she thought fluoride was good for children and it had been around for many years. Against her better judgment, she was ordered to study the effects of fluoride. Slhe found that, when given in very modest doses, fluoride lead to lower 10's and produced symptoms in rats strongly resembling attention deficit and hyperactivity disorder (ADHD). Just days before her research was accepted for publication, Mullenix was fired as the head of toxicology at the Forsyth Dental Center. Then her application for a grant to continue her fluoride and central nervous system research was turned down by the U.S. National Institute of Health (NIH). This industry-leading nuerotoxicologist has received no grants since that time to continue her research. Yet, according to a Portland Tribune issue on March 24,2006, a panel of the Washington, D.C.-based National Academy of Sciences released a report finding that fluoride is less safe than previously thought, and that the federal Environmental Protection Agency':s safety limit on fluoride in water should be lowered. They found that fluoride causes a harmful variety of dental fluorosis. They also found persuasive evidence that fluoride in water increases bone fractures as well as stiffness in the joints of the elderly, and that it also may be related to Alzheimer's disease, marginally reduce 10 in children and alter the endocrine and hormonal levels that control most of the functions of the human body with unknown effects. The study indicated that the chemical may even cause bone cancer. "In about 60% of 2000 referenda held in the U.S. since 1950, fluoridation has ~aen voted down." - Chemical & Enoineerino News August 1,1988 The Fluoride Action Network has a list of roughly 150 cities that rejected public water fluoridation since 1991 on their website with an associated story for most cities. According to Oregon representative Dennis Richardson of Central Point in 2005, the F.D.A. has never tested nor approved fluoride. In a written position on his website, he :stated, "I believe the issue of whether or not a community should add fluoride to its own water system is a local matter for local determination." I strongly agree with this statement. Hopefully our City Council will pass an ordinance prior to the 2007 legislative session to be clear that the City opposes mandatory fluoridation of our drinking water. And hClpefully with such an ordinance on the books, Ashland could be exempted from a future mandatory water fluoridation law. This is why I support the resolution restricting the addition of substances to he drinking water. [Bryson awards: Goorge Polk Award for work at Public Television's The Kwitny Report. In 1998, he was part of a team that won a National Headliner award at ABC News Productions for a History Channel documentary on the bombing of Pan Am Flight 103.} Fluoride Ordinance Art Buiiock 1. The fluoride ordinance is poorly written law that doesn't accomplish its objective. The ordinance is basically a single sentence prohibiting any person from adding medication to City water. Council Communication Packet explains thE~ city corporation wants to protect itself against state government, especially the 2007 legislative session, from requiring it to add fluoride to Ashland's drinking water. Unfortunately, fluoride can easily be interpreted as NOT a medication. The law fails to define medication, which it should have done. Given the lack of definition, Oregon Supreme Court will require the common usage definition; they use Webster's International Unabridged Dictionary. This dictionary defines medication as a drug used to treat illness. Fluoride can thus be interpreted as NOT a drug. Fluoride is a mineral. It's a required mineral. You can't live without it. Like iron, it's a standard mineral that's considered part of the food supply. It's a food, not a drug. Fluoride is also a poison. If you take too much of it, it causes fluoridosis, a medical condition. Some American cities are in regions with lots of fluoride in ground water used for drinking; they have treatment plants to REMOVE fluoride from the water because of its dangers. So fluoride is a mineral that can cause harm in large quantities. If you go to the supplements section of your vitamin store, you won't find fluoride. It's given under doctor's prescription, in either pill or liquid form. Even though it's given by prescription, it could easily be argued that it's still not a drug, or a medication because it doesn't treat illness. It's no more a drug or medication than sugar or iron or Vitamin C. 2. This law should not be passed to second reading until 4 things are done: (1) The word 'person' should be defined. And it's not even appropriate to use the improper definition of person in tonight's other ordinance, the picnics and panades ordinance, since that ordinance defines a person as 'any person,...'. That absurd definition is the classic example of a circular written law that definies a word in terms of itself. You have 2 ordinances tonight with the improper use of the word person. Both need to be fixed. (2) The word 'medication' should be defined. Remember: the problem with fluoride is not just fluoride, it's waste products in and along with the fluoride compound. You don't get just fluoride. You get fluoride as part of a compound. You could have the situation where piggy-backing on the fluoride were other chemicals not considered medication, which caused harm or did not satify the precautionary principle. You should define the contents to include the sorts of fillers, liquifiers, gels, emulsifiers, etc., that accompany medication and aren't themselves medication. (3) You should specifically add terms like 'minerals, vitamins, and health supplements' to prevent the argument that fluoride is not a medication from gutting the law's intended purpose. (4) Council is trying to avoid the word 'fluoride'. However, if you don't include, the law may be worthless in an Oregon court or attorney general ruling. AMERfCAN OENT.<\L ASSOCLATION A\O)A,.. '.. GRAM November 9,2006 A forum for breaking news and timely information from the ADA Interim Guidance on Reconstituted Infant Formula Have any of your patients ever asked what type of water should be used when mixing powdered or liquid concentrate infant formula? Information about fluoride intake for infants and young children, which includes interim guidance on reconstituted infant formula, is posted on ADA.org. The appropriate amount of fluoride is essential to prevent tooth decay, but fluoride intake above the recommended level for a child's age creates a risk for enamel fluorosis in teeth during their development before eruption through the gums. According to fluoride intake guidelines set by the Institute of Medicine, the amount of fluoride recommended for babies under a year old is less than that for older children and adults. Infants less than one year old may be getting more than the optimal amount of fluoride (which may increase their risk of enamel fluorosis) if their primary source of nutrition is powdered or liquid concentrate infant formula mixed with water containing fluoride. Recent developments led the ADA to develop the interim guidance. Last spring, the National Research Council released a report on naturally occurring fluoride in drinking water. While not the major focus of the report, research was cited that raised the possibility that infants could receive a greater than optimal amount of fluoride from reconstituted baby formula. Then, on Oct. 14, the FDA said bottlers could claim that fluoridated water can reduce the risk of dental cavities or tooth decay, but that this claim could not be used on water marketed to infants. More research is needed before definitive recommendations can be made, but, in the meantime, if parents and caregivers are concerned, the ADA's interim auidanq,e provides steps to simply and effectively reduce fluoride intake durinQ a baby's first )Lear of life. Essentially, the ADA supports the pediatricians' recommendations on the ~ benefits of breast feeding and notes that using ready-to-feed formula for bottle-fed babies will keep their fluoride intake under 10M limits. If using a product that needs to be reconstituted, parents and caregivers should consider using water that has no or low levels of fluoride. Visit ADA.orQ for additional information on fluoride. If you have questions about products containing fluoride, contact John Malone (2878, malonej@ada.orQ). 'Mth questions about community water fluoridation, contact Jane McGinley (2862, mCQinlevi@ada.org). This ADA E-Gram is brought to you by ADA Member Advantage, a program sponsored by ADA Business Enterprises, Inc., a for-profit subsidiary of the American Dental Association. Copyrinht @ 2006 American Dental Association. Reproduction or republication strictly prohibited without prior written permission. See Privacy Policy and Terms of Use for further legal information. To unsubscribe from our e-mail list, please click here. ",." :..:" '" .' I AMC 2.501 2.52 Ordinances Art Bullock 1. This is another ordinance that shifts power from Council to staff. And again, there's no problem justifying the ordinance. This is another in a series of staff power-enhancing ordinances; that trades off public interests. 2. Staff's continuing argument is 'efficiency'. Obviously staff can argue that givingl a department head the sole authority to decide on a large contract is more efficient. It's LESS efficient in the long term because of the problems of low accountability and abuse of power. Taxpayers want acc:ountability and public review of contracts. Note the packet says it's more efficient. It DOESN'T say it's safer or more accountable or more transpaarent, which is the public interest. 3. As you know, we've had problems of no-bid contracts being given to friends .and family of councilors anad other employees. In a city Ashland's size, there's too much opportunity for sweetheart contracts being given under the radar. This improper law increases, not decreases, the potential for misuse of public funds for the friends and neighbors of department heads. 4. As is now the norm, the problems requiring the ordinances aren't specified, other than a comment that Karl Olson and Dawn Lamb say that any amount less than $75,000 'hamstrings' them. That's an inadequate problem description for a law that shifts more power to staff, 5. Taxpayers want opennness and transparency. Last summer, Public Works Direlctor Paula Brown brought you a request approval to do work AFTER it had been done. We don't have an efficiency problem. We have an abuse of power problem, and the lack of accountability and transparency that accompanies it. How difficult is it to require council approval for these contracts? Often they're just a formality, consent- agenda style. At least they're in the council communication packet so we have a public record of what's going on before it happens. There's still no adequate reason given for why these contracts can't be approved by council inthe public interest rather than staff alone. 6. City of Ashland is addicted to consulting projects, and this ordinance is the recipe to feed the addiction. Instead of using staff to do the work, we're using staff time to hire and inform and manage external consultants. This ordinance does NOT promote a more limited use of consulting contracts, which is a public interest. 7. Department heads should NOT be sole authority to determine sole source contracts and negotiate for them. In Nevada LID, Paula Brown was the department head responsiblE;} for managing the contract with Thornton Engineering of Medford and she refused to disclose her ownership of real estate property that benefited from the contract. Giving Paula Brown and other department heads more authority to decide on sole source and negotiate the contract is a recipe for more abuse of power. Regardless of whether the contract is under 2.52 or 2.50, the effect is the same. 8. When Franell approves as to form, he doesn't indicate that it's in the public's best interest to pursue this contract. This should be done by one or more elected officials. It would be reasonable for the mayor, an elected official to approve a small contract as in the public's best interest, and council the same for large contracts. It's not reasonable to expect a department head to do so. They have personal agendas and professional goals that easily override their judgment of the public interests. In addition to mayor or council approving a contract in the public interest, the city administrator should specificHlly approve the contracts as being in the public's best interest. 9. The $75,000 limit for contract approval is far too high. We can have massive amounts of work-- and mischief--done for contracts less than that. The requirement to not break a project into pieces to stay under the limit is easily circumvented. Conclusion. This is a major trade-off of the public interest for accountability, transparency, and openness to increase staff's power to operate without public disclosure or revieMl. It also concentrates power in the executive branch of government, cutting off the councU's review and oversight power. This law isn't in the public interest. It's in the department heads' interest. It's inappropriate to give staff this much power without council oversight. The ordinance should not be passed. ORDINANCE NO. AN ORDINANCE ADDING A NEW SECTION TO TITLE 14, CHAPTER 4, RESTRICTING THE ADDITION OF CHEMICALS OR SUBSTANCES TO THE DRINKING WATER THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: A new section shall be added to Ashland Municipal Code, Title 14, Chapter 4, which shall read: 14.04.050 Water System Chemical Addition Restrictions. a) It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of acting as medication for humans. b) Notwithstanding paragraph a), the City of Ashland will treat its drinking water to make it safe and potable in such a way that it meets Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 U.S.c. 300f et S(:q.) c) Also not withstanding paragraph a), the City of Ashland may accept water into its public water supply from another governmental iurisdiction in the event of an emergency in which the additional water were needed due to a catastrophe even if that iurisdiction adds substance(s) for the purpose of acting as medication for humans. The foregoing ordinance was first read on the _ day of PASSED and ADOPTED this _ day of , 2006. Barbara M Christensen, City Recorder , 2006, and duly SIGNED and APPROVED this _ day of John W Morrison, Mayor ,2006. Reviewed as to form: Michael Franell, City Attorney AGREEMENT CITY OF ASHLAND And ASHLAND POLICE ASSOCIATION July 1, 2006 - June 30, 2009 TABLE OF CONTENTS PREAMBLE ... ....... ........ ............................... ................ ............. .......... ....... .... .......... .... ............. ...... .... 5 SCOPE OF AGREEMENT............................. ..................................................................... ........... .... 6 ARTICLE I - .RECOGNITION ......... ................................................................................ .................. 7 ARTICLE II - ASSOCIATION SECURITY ..................................................................................... 8 2.1 Check off............... ....................................................................................... ............... 8 2.2 Fair Share.................................................................................................................... 8 2.3 Religious Objection ................ ........ ..... .... ......... .......... ......... ........... .................. ...... .... 8 2.4 Hold Harmless .............................................. .................... ............. ...... ..... ......... .... ..... 8 2.5 New Hires ............ ....................... ...................... .......................................................... 8 2.6 Bulletin Boards .................... ...... ........... ...... ....................................... ....... ......... ......... 8 2.7 Association Representatives ................ ...................................... ....................... .......... 9 2.8 Solicitation. ..... ............................................................................................................ 9 2.9 Visits by Association Representatives..... ................... .................. .................... .......... 9 2.10 E-Mail Usage. .............. ........... ........................... ......................................... ................ 9 ARTICLE III .. MANAGEMENT RIGHTS ..................................................................................... 10 ARTICLE IV. STRIKE PROHIBITION......................................................................................... 11 ARTICLE V - HOLIDAYS ............................ ............. ........... ....... ..... ............. ..... ...................... ... ... 12 5.1 Recognized Holidays........................ ........................................................................ 12 5.2 Holiday Compensation ........... ............. .......................:....... ..... ...... ...... ..... ................ 12 5.3 Holiday Work ....................................... ...... ................... .... .............. ............ ...... ....... 12 5.4 Holiday Compensation Time........................... ................... ...... ....... ..... ....... ...... ....... 12 ARTICLE VI .. VACATIONS ........................ ...... ....... ............................... ...... ..... ....... .... ..... .... ....... 13 6.1 Eligibility............................. ............. ........................................................................ 13 6.2 Continuous Service..................................... ........ ..... ................. .............. .................. 13 6.3 Accrual Limitations .. ... ............ ........................ ......................................................... 13 6.4 Scheduling.. ................................ ............... ... ...... ...................... ........ ........................ 14 (A) Bid..................... ... .............................................................................................. 14 (B) Other Requested Time Off............. .................................... ..... .............. ...... ....... 14 6.5 Payment on Termination.......... ..................................... ........................................... 14 ARTICLE VII - HOURS OF WORK................................................................................................ 15 7 .1 Work Hours....... ........... .................. ...... ........ ............. ............................................... 15 7 .2 Workday......... .......................... ................................................................................. 15 7 .3 Workweek ........... ...... ... ................. ................ ........... .................................. ............... 15 7 .4 Work Schedule.. ....................... ................................................................................. 15 7.5 Shift Rotation. ................ ............... ............................................. ....... ..... ......... .......... 16 7.6 Rest Periods .............. .... ......................... .................................................................... 16 7.7 Meal Period........ .... ....... ............. ....................... ............ ............................................ 16 City of Ashland/ Ashland Police Assocllation CBA 2006.2009 2 7.8 Overtime .. ............................... ......... .................... .......... ............ ............ .............. ..... 16 7.9 Call-back Time ................... .......................... ............................................................ 17 7.10 Compensatory Time. ................................................................................................ 17 7.11 Shift Trades. .............................................................................................................. 18 ARTICLE VIII - SICK LEAVE................................... ..................................................................... 19 8.1 Accumulation............................................................................................................ 19 8.2 Utilization for Illness or Injury ................................................................................. 19 8.3 Integration with Workers' Compensation.... ............................................................. 19 8.4 Sick Leave Without Pay............................................................................................ 20 8.5 T errnination................................................................................................................ 20 ARTICLE IX - OTHER LEAVES OF ABSENCE........................................................................... 21 9.1 Criteria and Procedure......... ............ .......................................................................... 21 9.2 Jury Duty........ ........... ................................... ............. ........................... ...................... 21 9.3 Appearances............................................................................................................... 21 9.4 Required Court Appearances..................................................................................... 21 9.5 Election Day.......... .........................................................................................."......... 21 9.6 Association Business........................................................... ............ ............. ........ ..... 21 9.7 Educational Leave............... ................... ....... ............................................................. 21 9.8 Military Leave... ............................................ ................ ............................................ 22 9.9 FMLA and OFLA Leave........................................................................................... 22 9.10 Compassionate Leave..................... ............................................................................ 22 9 .11 Failure to Return from Leave...................................... .......................................... ..... 22 ARTICLE X - COMPENSATION ...................................... ...................................................."......... 23 1 0.1 Pay Schedule..............................................................................................."............... 23 1 0.2 Pay Periods... ............ ........................................... ....................................................... 23 10.3 Overtime Compensation ................................................................................. ...... ...... 23 10.4 Standby Pay..............................:.................... ............................................................. 23 10.5 DPSST Certification ................................................................................................... 23 10.6 Special Assignment Pay............... .............................................................."...............23 ARTICLE XI - DISCIPLINE......................................... .....................................................".............. 25 ARTICLE XII - SETTLEMENT OF DISPUTES ............................................................................ 28 12.1 Grievance and Arbitration Procedure......................... ................................................ 28 Step I 28 Step II 28 Step III 28 Step IV 28 ARTICLE XIII - SENIORITy................................. .............. ............................................................ 30 13.1 Definition of Seniority................. ............................................................................... 30 13.2 Layoff and Recall .......... ............................................................................................ 30 13.3 Suspension of Seniority............................................................................................. 30 13.4 T errnination of Seniority............................. ............................................................... 30 City of Ashland/ Ashland Police Association CBA 2006-2009 3 13.5 Probationary Period ................................................................................................... 31 13.6 Notice of Recall from Lay-off Status .............. ........ .......................................... ........ 31 ARTICLE XIV - PROMOTIONS .................. ................... ................. ............. ................... ........... .... 32 14.1 Postings................ ................................................................................... ............... .... 32 14.2 Promotional Probationary Period. ....... ............................... ..... .................................. 32 ARTICLE XV - GENERAL PROVISIONS ..................................................................................... 33 15.1 No Discrimination .... ... ........... ...... ................................ ........... ....... ............ ........... .... 33 15.2 Professional Standards and Safety Committee...........................................................33 15.3 Rul es .......................................................................................................................... 33 15.4 Other Employment ............. ...,...... ................... .................... .... .................... .............. 33 15.5 Supervisory Employees.............................. ....... ..................................... ................... 33 15.6 Uniforms, Protective Clothing and Devices..............................................................34 15.7 Educational Allowance........................................ ... ............. ...................................... 34 15.8 Position Description.......................................................................... ......................... 34 15.9 Personnel File ............... ................................~............................................................ 34 (A) Inspection................ ............................................................................................ 34 (B) Employee Signature................................ ..... .................................... ................... 34 15.10 Training............. ..... .............................................................................. ...................... 35 15.11 Travel Time for Training and Other Off-Site Activities ........................................... 35 15.12 Fitness for Duty.................................... .................................................. ................... 35 ARTICLE XVI - HEALTH, WELFARE & RETIREMENT ........................................................... 36 16.1 Health and Welfare.......................................... ... ................................................ ....... 3'6 16.2 Retirement.................................................... .................... .......................................... 37 16.3 Deferred Compensation.......... ..................................... ......... .... .......................... ....... 37 ARTICLE XVII - WORKERS' COMPENSATION........................................................................ 38 ARTICLE XVIII - LIABILITY INSURANCE....... ............. ..... ....................... ................................. 39 ARTICLE XD~ - SAVINGS CLAUSE AND FUND ....................................................................... 40 19.1 Savings Clause....... .............................................. ...................................................... 40 19.2 Funding.................... ........................ ...... .......... ........................... ............................... 40 ARTICLE XX - TERMINATION AND REOPENING ................................................................... 41 APPENDIX "A" - CLASSIFICATIONS WITHIN BARGAINING UNIT..................................... 42 APPENDIX "If' - WAGE SCHEDULE .. .......... ... ...................... .................................. .................... 43 APPENDIX "c" - DETECTNE ASSIGNMENT AND COMPENSATION .................................44 City of Ashland! Ashland Police Association CBA 2006-2009 4 ~ 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. City of Ashland! Ashland Police Association CBA 2006-2009 5 ,- I 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 tenn "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: City of Ashland/ Ashland Police Association CBA 2006-2009 6 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. City of Ashland/ Ashland Police Association CBA 2006-2009 7 ARTICLE II - ASSOCIATION SECURITY 2.1 Checkoff. 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. The amounts deducted shall be remitted to the Association by the fifteenth (l5th) of the succeeding month to the official designated by the Association in writing to receive such deduction. 2.2 Fair Share. Employees who are not members of the Association shall make payment in lieu of dues to the Association. Such payment shall be the same amounts as provided for regular Association dues, initiation fees and assessments. The section shall be referred to as the "Fair Share" Agreement and the City shall deduct from the first salary check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Association by the fifteenth (15th) of the succeeding month. 2.3 Reli2ious Objection. Any employee having bona fide religious tenets or teachings which prohibit association with a labor organization or the payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Association dues, initiation fees and assessments to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Association. The City shall deduct from the first salary check of each such employee, each month the payments to such charitable organization and shall remit the same to the charitable organization by the fifteenth (15th) of the succeeding month. The employee shall supply proof to the Association, each month that has been done. 2.4 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 eJlTor, the City will make adjustments within thirty (30) days of receipt of such notification. 2.5 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. 2.6 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 City of Ashland/ Ashland Police Association CBA 2006-2009 8 D. Reports of Association committees E. Rulings or policies of the International Association F. Communications from the Association to the bargaining unit G. Current events regarding Association activity 2.7 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 team members, as well as employees who participate in negotiations or mediation during off duty hours, will not be paid for such attendance. 2.8 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. 2.9 Visits by Association Representatives. The City 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 Po!lice Chief or his/her designated representative. In no case will such access be unreasonably denied. 2.10 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. City of Ashland/ Ashland Police Association CBA 2006-2009 9 O. I ARTICLE III - MANAGEMENT RIGHTS 3.1 The Cilty 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. City of Ashland! Ashland Police Association CBA 2006-2009 10 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 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. 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 ofthis 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. City of Ashland/ Ashland Police Association CBA 2006-2009 11 . I ARTICLE V - HOLIDAYS 5.1 Recof2:nized Holidays. The following shall be recognized as Holidays: New Years Day (January 1) Martin Luther King's Birthday (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1 st Monday in September) Veterans Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving Christmas Day (December 25) Employee's Birthday Employee's Anniversary Date of Hire If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.2 Holiday Compensation. Each regular full-time employee shall receive eight (8) hours compensation for each of the holidays listed above on which he/she performs no work, irrespective of the length of the employee's assigned/scheduled workday. This compensation shall be paid on the first payday of December of each year. Regular part-time employees shall receive pro-rated holiday pay. 5.3 Holiday Work. If any regular employee is required to work on any of the holidays listed above, he/she shall be compensated at hislher regular straight time rate for all hours worked, in addition to eight (8) hours compensation at hislher regular straight time rate of pay for the holiday, which shall be paid on the first payday of December of each year. 5.4 Holiday Compensation Time. On December 1 each year, an employee may elect to take up to twelve (12) days (96 hours) in lieu of holiday pay as compensatory time off, provided that not more than a total of twelve (12) such days may be elected during the twelve (12) month period from December 1 to December 1 of each year. Said compensatory days shall be scheduled mutually by the employee and the Police Chief. Employees are encouraged to provide as much notice of the requests for holiday compensatory time off as possible. Holiday compensation time off shall be scheduled in any amount of blocks of 15 minute increments, so long as no other employee is subjected to overtime to cover the employee's absence. An employee's holiday compensation time off request shall not be unreasonably denied. City of Ashland/ Ashland Police Association CSA 2006-2009 ]2 ARTICLE VI - VACATIONS 6.1 Elh:!ibilitv. 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 eight (8) hours of vacation credit for each calendar month of service (12 working days maximum). B. Employees with more than four (4), but less than nine (9) full years of continuous service, shall accrue ten and two-thirds (10.67) hours of vacation credit for each calendar month of service (16 working days maximum). C. Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue twelve and two-thirds (12.67) hours of vacation credit for each calendar month of service (19 working days maximum). D. Employees with more than fourteen (14), but less than nineteen (19) full years of continuous service, shall accrue fourteen and two-thirds (14.67) hours of vacation credit for each calendar month of service (22 working days maximum). E. Employees with more than nineteen (19) full years of continuous service shall accrue sixteen (16) hours of vacation credit for each calendar month of service (24 working days maximum). Regular part-time employees covered by the Agreement shall receive prorated vacation benefits in accordance with the above schedule. The City agrees to make vacation accrual increases effective the 1 st pay period following ratification by Association and approval by the Council. 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 City of Ashland/ Ashland Police Association CBA 2006-2009 13 F I 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 Schedulinl?;. 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 st and will be closed as of January 1 st. 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 of a written request for time off. Vacation time shall be granted if no overtime is incurred, consistent with operational needs. Nothing in this subsection prohibits the City from allowing a vacation request even if the request requires the payment of overtime. 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 hislher 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. City of Ash]and/ Ashland Police Association CBA 2006-2009 ]4 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 by written mutual agreement 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, as determined by the City consistent with operational needs. 7.2 Workday. The workday shall consist of an eight (8) or ten (10) hour day 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. 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. The seven (7) day work schedule will begin at the start ofthe employee's first day of work and end 168 hours later. 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 writing to his/her immediate supervisor for approval at least seven (7) days (168 hours) in advance of the first affected shift. 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 on the Department's bulletin board for thirty (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 City of Ashland/ Ashland Police Association CBA 2006-2009 15 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. 7.5 Shift Rotation. Employees shall rotate work-shifts by bidding for 3-month work cycles each calendar year. Bidding shall be conducted annually, commencing on November I st and ending on December I st. Employees will be awarded shifts within the classification they are assigned, based on classilfication seniority, provided that they bid for at least two (2) different shifts within the year. In the event an employee leaves the City's employment with eight (8) or more weeks remaining in a shift rotation, the Association may elect the right to re-bid shift rotations for the remainder of that three (3) month work cycle. All re-bidding 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 re-bidding rights waive the right to seven (7) days advance notice of shift changes under Article 7.4. Re-bids shall not count as one of the two (2) different shifts required each year. 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 F'eriod. To the extent consistent with operating requirements ofthe department, meal periods shall be scheduled in the middle of the work shift, or as close to a normal mealtime as possible. 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, excluding detectives, 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: City of Ashland/ Ashland Police Association CBA 2006-2009 ]6 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 often (10) hours on any scheduled workday for employees who are scheduled to work a ten (10) 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 iln a 2-week period before incurring any overtime liability. C. Detectives shall be compensated for overtime as set forth in Appendix C. D. 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 possibJle. 7.9 Call-back Time. Employees called back to work shall receive overtime pay (effective 1 sl pay-period following ratification by the parties), 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. This section applies only when call-back results in hours worked which are not annexed consecutively to 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 work week. 7.10 Compensatory Time. Overtime work shall be compensated by compensator:y 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. City of Ashland/ Ashland Police Association CBA 2006-2009 17 B. Minimum staffing shall remain at two (2) officers and one (1) sergeant or the established minimum, as determined by the City. 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 shifts 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. City of Ashland/ Ashland Police Association CBA 2006-2009 ]8 ARTICLE VIII - SICK LEAVE 8.1 Accumulation. Sick leave shall be earned by each eligible full-time employee at the rate of eight (8) 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 nine hundred and sixty (960) 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) 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 three (3) days, per calendar year, paid sick leave for the employee to care for an ill or injured family member. The Chief of Police may also grant employees' up to ten (10) additional days per calendar year to care for family members who are hospitalized or suffering from disabling medical conditions, as well as to transport family members to hospitals or treatment facilities. For the purpose of this Section family member includes: spouse, children, parent and "domestic partner" as defined in Article XVI, Section 16.]. 8.3 Inte2ration 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. City of Ashland/ Ashland Police Association CBA 2006-2009 19 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 hislher death or termination of employment, except as provided for in Article XVI, Section 2. City of Ashland! Ashland Police Association CBA 2006-2009 20 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 Chiefthirty (~O) 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. 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 payor 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. Hislher 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. City of Ashland/ Ashland Police Association CBA 2006-2009 21 .. I 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 comply with the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). Employees who are absent from work for FMLA or OF LA qualifying reasons, but who are not eligible to receive sick leave benefits, will be paid accrued compensatory time and/or vacation pay for their absences. In the event an employee does not specifY whether heLshe prefers to utilize compensatory time or vacation time, compensatory time will be utilized first, then vacation pay. FLMA and OFLA leaves will run concurrently. 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 hislher 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-Iaw. The employee will be paid hislher 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 compassionate leave under exceptional circumstances. 9.11 Failurle 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 hislher position with the City, and hislher position shall be declared vacated; except and unless the employee, prior to the expiration of hislher leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond hislher control. City of Ashland/ Ashland Police Association CBA 2006-2009 22 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, 2006, all bargaining unit base wages will be increased 6%. B. Effective July 1,2007, all bargaining unit wages will be increased 5%. C. Effective July 1,2008, all bargaining unit wages will be increased 4%. 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 12:00 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 fonn of payor 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 DPSST Certification. An employee classified as a Police Officer shall, upon receiving an intermediate or advanced certificate from the Department on Public Safety, Standards and Training, be eligible for a monthly allowance of5% or 8% of base rates, respectively. Effective July 1,2007, employees with an advanced certificate will receive a monthly allowance of 9% of base rates. Effective July 1, 2008, employees with an advanced certificate will receive a monthly allowance of 10% of base rates. 10.6 Special Assil!nment Pay. Employees assigned to the following special temporary assignments shall be compensated as follows: A. Detective. Any member of the bargaining unit assigned to detective status shall be compensated as set forth in Appendix C of this Agreement until relieved of such assignment. B. Officer in Charl!e. Any employee on active duty designated by the City as acting in capacity in a higher level position other than his/her regular job c1assi1ication 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%). City of Ashland/ Ashland Police Association CBA 2006-2009 23 C. Other Special Asshwments. Special Assignments, including Motorcycle Officer, School Resource Officer, DARE Officer, and CAP Officer, shall be compensated an additional five percent (5%) over their normal monthly rate, until relieved of such assignment. Employees assigned to Field 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. Clothin2: Allowance. The fifty dollar ($50.00) per month clothing allowance granted to detectives pursuant to Appendix C will be provided to any officer who is assigned to a non-uniformed assignment in excess of thirty (30) consecutive calendar days. City of Ashland/ Ashland Police Association CBA 2006-2009 24 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 nCit 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 represenllation at any meeting during which disciplinary matters are discussed. 11.2 Discipline for just cause may include the following: A. Written reprimand 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. City of Ashland/ Ashland Police Association CBA 2006-2009 25 11.5 Upon removal of documents, pursuant to 11 A, 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 llA 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 Departmental General Order 2.06, 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 ofthis 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, as defined in Departmental General Order 2.06. Informational Reports 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 ofthe 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 that 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 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. City of Ashland/ Ashland Police Association CBA 2006-2009 26 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 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. City of Ashland! Ashland Police Association CBA 2006-2009 27 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 I}. 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 hislher 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 hislher designee, shall respond to the Association representative in writing within ten (10) days after receipt thereof. Step III. If the grievance still remains unadjusted, it may be presented by the Association to the City Administrator of the City or hislher designee(s), within ten (10) days after the response specified in Step II is due or received. The City Administrator, or hislher 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 hislher 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 final 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. City of Ashland/ Ashland Police Asso<:iation CBA 2006-2009 28 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 witIlln the time limits specified above, such grievance shall be deemed waived. All days and hours specified shall be calendar. 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. City of Ashland! Ashland Police Association CBA 2006-2009 29 ARTICLE XIII - SENIORITY 13.1 Definition of Seniority. Only regular employees shall have semonty. 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 hislher 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. 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. Ifthere 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; City of Ashland! Ashland Police Association CBA 2006-2009 30 E. Is laid off from work for any reason for 24 months, or for a period of time equal to hislher 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. 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 hislher original date of injurylillness 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 the bargaining unit 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 hislher last known address furnished to the City by the employee. The City may also use any other means to return an employee sooner. City of Ashland/ Ashland Police Association CBA 2006-2009 31 ARTICLE XIV - PROMOTIONS 14.1 Postin~. 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 filling of the position. 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/ Ashland Police Association CBA 2006-2009 32 ARTICLE XV - GENERAL PROVISIONS 15.1 No Discrimination. The provisians af this Agreement shall be applied equally ta all emplayees in the bargaining unit withaut discriminatian as ta race, creed, calor, age, sex, natianal arigin lOr ather protected status in accardance with applicable law. The Assaciatian shall share equally with the City the respansibility far applying the provisians afthis Sectian. All references ta emplayees in this Agreement designate bath sexes, and whenever the male gender is used, it shall be canstrued ta include the male and female emplayees. Emplayees shall have the right ta farm, jain, and participate in the activities af the Assaciatian lOr any ather labor arganizatian, lOr ta refrain fram any lOr all such activities, and there shall be na discriminatian by either the City lOr the Assaciatian by reasan af the exercise af such right except as specifically provided herein. Nathing in this Agreement shall be canstrued as precluding lOr limiting the right af an individual emplayee ta represent himself in individual persanal matters. 15.2 Professional Standards and Safety Committee. In arder that the City may be infarmed and/ar take appropriate actian an professianal standards af safety and protective equipment, a cammittee shall be farmed campa sed af the Palice Chief and/ar his/her designated representatives nat ta exceed twa, and representatives af the Assaciatian nat ta exceed three. This cammittee shall meet as mutually agreed upan, cansider surveys and factual studies, and make recammendatians far improvements ta the City Administratar. 15.3 Rules. It is jaintly recagnized that the City must retain broad autharity to fulfill and implement its respansibilities and may da sa by work rule, oral lOr written, existing or future. It is agreed, hawever, that na wark rule will be pramulgated lOr implemented which is incansistent with a specific provisian af this Agreement. All work rules which have been reduced ta writing will be furnished ta the Assaciatian and ta affected emplayees upan request. 15.4 Other Employment. Prior ta accepting autside emplayment, an employee shall first discuss the matter with the Police Chief. Acceptance or cantinuance of regular autside employment by an employee shall be subject ta the fallawing criteria: A. The need for mentally alert and physically able public safety employees. B. Insulating emplayees fram patential canflict af interest situations. C. Maintaining efficiency unimpaired by ather employment, recognizing the nature of the jab requiring palice afficers ta be available for emergency duty twenty-flOur (24) haurs a day. 15.5 Supervisory Employees. It is understoad that supervisory employees not cavered under this Agreement shall nat perfarm wark within the jurisdictian af the Association, except in the case af an emergency, or far purpases af instructian or training, or where the complement of regular emplayees is temporarily reduced by reason af absence of any emplayee due ta illness or ather legitimate reasons, lOr where the work laad is temporarily increased. City of Ashlandl Ashland Police Association CBA 2006-2009 33 " I 15.6 Uniforms, Protective Clothin~ and Devices. If an employee is required to wear a uniform, prott;:ctive 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. The City shall provide footwear/reimbursement of up to a total of $125.00 per year of the contract (which can be combined by the employee) for the purchase or repair of footwear to all bargaining unit employees, excluding those assigned to detectives, DEA Officers and Community Outreach Officers. In addition, any specialized cleaning due to biohazard exposure shall be provided by the City at no cost to the employee. 15.7 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 hislher 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 ofhislher 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. 15.8 Position Descriptions. The general classifications of labor which shall be recognized throughout this Agreement shall be those set forth in Appendix A. 15.9 Personnel File. A. Inspection. Each bargaining unit member shall have the right to review and obtain at their expense, copies of the contents of hislher 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. Emplovee Si~nature. 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 hislher file a signed response to such material. 3. Refuse to sign such material in which case a member 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. City of Ashland! Ashland Police Association CBA 2006-2009 34 15.10 Traininl!. The City shall provide outside training opportunities to employees in the bargaining unit as follows: A. The City shall provide outside trammg opportumtIes 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. 15.11 Travel Time for Traininl! and Other Off-Site Activities. Employees who are assigned to training or other compensable work-related activities outside the station, that do not require an overnight stay, may be required to report for such the training/activities directly from their home. In the event time spend traveling to and from the training/activities does not require the employee to travel more than a thirty (30) mile radius from the Ashland Police Department, such time will be treated s home-to-work travel and will not be compensated. In the event time spent traveling to and from such training/activities does require the employee to travel more that a thirty mile radius, such time will be compensated at applicable regular or overtime rates. In the even employees are assigned to training or other compensable work-related activities which require an overnight stay, such employees will be paid for travel time to and from such training/activities, provided travel time occurs during their regular daily work hours, consistent with FLSA. Time spent traveling to and from such training or activities which occurs outside an employee's regular daily work hours will not be compensated. 15.12 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 verifications 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. City of Ashland/ Ashland Police Association CBA 2006-2009 35 ARTICLE XVI - HEALTH. WELFARE & RETIREMENT ] 6.] HeaJtb and Welfare. The City agrees to pay ninety-five percent (95%) of the premium to maintain existing, equal or better medical, dental and wellness insurance plans at existing levels. Employees will be responsible to pay the remaining five percent (5%) of the premium through payroll deduction. The City agrees to pay one hundred percent (100%) of the premium to provide life insurance coverage. Those plans and employee/family coverage levels are: (a) Blue Cross Option V Health Insurance - family coverage. (b) Standard Life Insurance Company life insurance - family coverage. (c) Standard Life Insurance salary continuation plan - employee only. (d) Blue Cross Dental Insurance - family coverage. (e) Blue Cross - Basic Vision plan - family coverage. (f) The City of Ashland Wellness Program - family coverage. In accordance with Oregon case law, where insurance benefits are extended to spouses, "domestic partners" shall be considered spouses. A "domestic partner" is defined as an individual who lives with the employee and has fulfilled the requirements contained in a completed "Affidavit of Domestic Partnership" form which is available through Human Resources. Employees are obligated to promptly notify Human Resources if domestic relationships end. The Association and the City jointly recognize the escalating costs of Health and Welfare insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee-based benefits committee with on member appointed by the bargaining unit. The committee will meet and review insurance options. The parties recognize that the insurance plans described above are subject to annual adjustments by the carriers. In the event a carrier notifies the City of annual changes in plan benefits mid-term during this Agreement, the City agrees to notify the Association's Executive Board of the plan changes in writing. The Association shall have fourteen (14) calendar days from receipt of such notification to evaluate the plan changes and demand mid-term bargaining. The demand for bargaining must be made in writing and directed to the Chief of Police. Failure to demand bargaining within this time period shall constitute a waiver of the Association's right to bargain or grieve the plan changes. The parties understand and agree that the City has the right to implement annual changes in benefits made by the carriers. Any such changes, as well as the ninety-five percent (95%)/five percent (5%) premium sharing split shall continue in effect during negotiations. The parties further agree that any changes that arise from negotiations or through interest arbitration, shall become effective the first of the month following ratification of the change by the Association and approval by the City Councilor the first ofthe month following receipt of the interest arbitration award, unless otherwise agreed upon by the City and the Association. In the event a carrier notifies the City that a plan will be discontinued, the City agrees to notify the Association's Executive Board in writing. The City and Association agree to enter into negotiations for a new plan. City of Ashland/ Ashland Police Association CBA 2006-2009e 36 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. Upon retirement, one-half of accumulated sick leave will be applied to retirement as set forth in O.R.S. 237.153. 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 $30.00 per month in matching funds per member enrolled in a City deferred compensation program (currently lCMA or AETNA). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. City of Ashland! Ashland Police Association CBA 2006-2009 37 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. City of Ashland/ Ashland Police Association CBA 2006-2009 38 ARTICLE XVIII - LIABILITY INSURANCE AND INDEMNIFICATION 18.1 The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. 30.270 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 hislher 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 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. City of Ashland/ Ashland Police Association CBA 2006-2009 39 ARTICLE XIX - SAVINGS CLAUSE AND FUND 19.1 SaVinl!S 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 Fundi!!,g. 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. City of Ashland! Ashland Police Association CBA 2006-2009 40 ARTICLE XX - TERMINATION AND REOPENING This Agreement concludes all collective bargaining between the parties during the term of this Agreement and except as specified in Article 6.1, shall be effective July 1, 2006 and shall remain in full force and effect until June 30, 2009. 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 wlitten 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: Date: Date: City of Ashland/ Ashland Police Association CBA 2006-2009 41 . ~ I APPENDIX "A" CLASSIFICATIONS WITHIN BARGAINING UNIT Police Officer Community Services Officer Community Outreach Officer Evidence Property Technician CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT Sergeant and above in rank Administrative Services Manager Confidential Employees Police Reserves Irregular part-time employees who do not work a set schedule or who work less than an average of20 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! Ashland Police AssocIation CBA 2006-2009 42 APPENDIX "B" Salary Schedule CLASSIFICATION First 6 Months $18.8303 $3,264 $19.9601 $3,460 $20.9581 $3,63::1 $21.7964 $3,778 Next 12 Months $19.8588 $3,442 $21.0503 $3,649 $22.1028 $3,831 $22.9869 $3,984 Next 12 Months $20.6587 $3,581 $21.8982 $3,796 $22.9931 $3,98~i $23.9129 $4,145 Next 12 Months $21.5094 $3,728 $22.8000 $3,952 $23.9400 $4,150 $248976 $4,316 Next 12 Months $22.7411 $3,942 $24.1055 $4,178 $25.3108 $4,387 $26.3233 $4,563 Thereafter $23.9219 $4,146 $25.3573 $4,395 $26.6251 $4,61:, $27.6901 $4,800 304 First 6 Months $14.0208 $2,430 $14.8621 $2,576 $15.6052 $2,705 $16.2294 $2,813 Next 12 Months $14.7764 $2,561 $15.6630 $2,715 $16.4461 $2,851 $17.1039 $2,965 Next 12 Months $15.5320 $2,692 $16.4639 $2,854 $17.2871 $2,996 $17.9786 $3,116 Next 12 Months $16.3370 $2,832 $17.3172 $3,002 $18.1831 $3,152 $18.9104 $3,278 Next 12 Months $17.2041 $2,982 $18.2363 $3,161 $19.1482 $3,319 $19.9141 $3,452 303 First 6 Months $14.2853 $2,476 $15.1425 $2,625 $15.8996 $2,756 $16.5356 $2,866 Next 12 Months $15.1351 $2,623 $16.0432 $2,781 $16.8453 $2,920 $17.5192 $3,037 Next 12 Months $15.9314 $2,761 $16.8872 $2,927 $17.7316 $3,073 $18.4409 $3,196 Next 12 Months $16.7692 $2,907 $17.7754 $3,081 $18.6641 $3,235 $19.4107 $3,365 Next 12 Months $17.6546 $3,060 $18.7139 $3,244 $19.6496 $3,406 $20.4356 $3,542 ,C 305 O' First 6 Months $17.6252 $3,055 $18.6827 $3,238 $19.6168 $3,400 $20.4015 $3,536 Next 12 Months $18.6903 $3,240 $19.8117 $3,434 $20.8023 $3,606 $21.6344 $3,750 Next 12 Months $19.8175 $3,435 $21.0065 $3,641 $22.0568 $3,823 $22.9391 $3,976 Next 12 Months $20.9942 $3,639 $22.2538 $3,857 $23.3665 $4,050 $24.3012 $4,212 Next 12 Months $22.2574 $3,858 $23.5929 $4,089 $24.7725 $4,294 $25.7634 $4,466 PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A monthly wage is provided as an approximate salary, but actual monthly earnings may differ from those quoted above. . Note: Title changed from Youth Diversion Officer to Community Outreach Officer on 2/2/05. City of Ashlandl Ashland Police Association CBA 2006-2009 43 APPENDIX "C" DETECTIVE ASSIGNMENT AND COMPENSATION Except as otherwise provided for in this Agreement, employees assigned to work as Detectives shall be compensated as follows: Section]. Compensation. 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. Section 2. Overtime. The Police Chief may require any detective to work overtime in excess of the detective's normal eight (8) hour work day. The amount of overtime that may be required by the Police Chief of the detective shall not exceed eight (8) hours in addition to the normal eight (8) hour work day. (i.e., maximum hours to be worked in one day is not greater than 16). In the event the Police Chief requires a detective to work overtime the detective must then be scheduled for a like number of hours off within the same work week if, in the judgment of the Police Chief it is at all possible to do so. (i.e., assume for purposes of illustration a work week of 8 AM to 4 PM, Monday through Friday -- if a detective were required to work ten (10) hours on Thursday, "then he would normally expect to be scheduled for two (2) hours off on Friday. This would result in sequential work days consisting of 8 hours, 8 hours, 8 hours, 10 hours and 6 hours for a total work week of 40 hours). No detective shall be eligible for overtime compensation (at the 1 1/2 straight time rate) during his/her work week unless he is required by the Police Chief to actually work more than 10 consecutive hours in a work day, or more than forty (40) hours within that particular work week. Each detective's work week shall consist of some five consecutive individual detective's work days. Each of the five (5) work days scheduled for any individual detective shall have the same tentatively designated starting time and the same tentatively designated quitting time allowing for eight (8) hours work to be accomplished, including one-half (1/2) hour for a meal period. Except for purposes of scheduling actual work in excess of eight (8) hours on a given day and/or scheduling like time off subject to the provisions contained herein, and except where an emergency requires immediate rescheduling of the work day, no detective's tentative scheduling of starting and/or quitting time may be changed unless notice of such contemplated change is posted on a department bulletin board at least seven (7) days in advance of the change. Section 3. Uniform Allowance. Any member of the bargaining unit who is assigned to detective status shall receive an in-lieu-of uniform allowance in cash of $50.00 per month for the period of time that such employee is assigned such status. City of Ashland/ Ashland Police Association CBA 2006-2009 44