HomeMy WebLinkAbout2009-156 Agrmt - Police Association
AGREEMENT
CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
July 1,2009 -June 30, 2012
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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
2.11 Discipline Notices..... ..... ................ ................................ ......... ........ 9
ARTICLE lll- 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
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7.7 Meal Period... ....................... ............................... ............ .................. ............ ............ 16
7.8 Overtime ....... ......................................................... .......................... ......................... 16
7.9 Call-back Time ......................................................................................................... 17
7.10 Compensatory Time................ ........... .................... .............. .......... ............ ............... 17
7.11 Shift Trades. .............................................................................................................. 18
ARTICLE Vlll - SICK LEA VE........................................................................................................ 19
8.1 Accumulation........ .... .................................................. ..................... ............. ............ 19
8.2 Utilization for lllness or Injury ................................................................................. 19
8.3 Integration with Workers' Compensation ................................................................. 19
8.4 Sick Leave Without Pay ............................................................................................ 20
8.5 Termination... ...................................... .................... .............................. ................. .... 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
10.1 Pay Schedule...... ............................ ............................ .... ................ ........................ .....23
10.2 Pay Periods............. ............ ............................ ....................... ................ ......... ............ 23
10.3 Overtime Compensation................... ................................................. ....... .......... ....... 23
10.4 Standby Pay........................... .................................................... ....... ..... ............ ..... ... 23
10.5 DPSST Certification ..... ........ ...................................................... ............................ ...23
10.6 Special Assignment Pay .............................................................................................23
10.7 Wage Reopener. ......... .................. .............................. .... ................26
10.8 HRAlVEBA Reopener................................................................. ... 26
ARTICLE XI - DISCIPLINE ................. ....... ...................................... ............. ............ ......... ............. 27
ARTICLE XII - SETTLEMENT OF DISPUTES ............................................................................. 30
12.1 Grievance and Arbitration Procedure
Step I 28
Step II 28
Step III 28
Step IV 28
ARTICLE XIII - SENIORITy....................... .................. ...................................... ............................ 30
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13.1 Definition of Seniority ............................................................................................... 30
13.2 Layoff and RecalL........ ..... ........................ ..... .............. ........... .................... ............... 30
13.3 Suspension of Seniority............................ ........ ........... ............ ......................... ......... 30
13 .4 Termination of Seniority... ...................... ....................... ....................... ......... ............ 30
13.5 Probationary Period ............. ............... ... ............................. .................. .... ................. 31
13.6 Notice of Recall from Lay-off Status ........................................................................ 31
ARTICLE XIV - PROMOTIONS ..................................................................................................... 33
14.1 Testing..... ........... ....................... ..... ........... .... .......... ................... ...... ..... ..... ....... ..........33
14.2 Promotional Probationary Period ..............................................................................34
ARTICLE XV - GENERAL PROVISIONS ..................................................................................... 33
15.1 No Discrimination............. ....................................................... ............. ...... ............... 33
15.2 Professional Standards and Safety Committee...........................................................33
15.3 Rules................. ......................... ............................... ................... ........... .............. ...... 33
15.4 Other Employment. ............................ ........................... .............................. ............... 33
15.5 Uniforms, Protective Clothing and Devices.............................................................. 34
15.6 Educational Allowance .............................................................................................. 34
15.7 Position Description................................................................................................... 34
15.8 Personnel File............................................................................................................. 34
(A) Inspection ........................... .................................. .......................................... ..... 34
(B) Employee Signature ............................................................................................ 34
15.9 Training...................... ............................. ............................................... ........... ......... 35
15.10 Travel Time for Training and Other Off-Site Activities ........................................... 35
15.11 Fitness for Duty...................................................:...................................................... 35
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT ........................................................... 36
16.1 Health and Welfare .................................................................................................... 36
16.2 Retirement. .................... ......................... .................................... ..............'... ............... 37
16.3 Deferred Compensation ............................................................................................. 37
ARTICLE XVII - WORKERS' COMPENSATION........................................................................ 38
ARTICLE XVIII - LIABILITY INSURANCE................................................................................. 39
ARTICLE XIX - 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 "B" - WAGE SCHEDULE ........................................................................................... 43
APPENDIX "c" - DETECTIVE ASSIGNMENT AND COMPENSATION ................................. 44
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AGREEMENT
Between
THE CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City,"
and the Ashland Police Association, hereinafter called the "Association". Unless indicated
otherwise, reference to the "City'" herein shall include the Mayor and City Councilor 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.
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SCOPE OF AGREEMENT
This Agreement shall apply to all employees of the Police Department, Ashland, Oregon as set forth
in "Appendix A," but excluding members of the Ashland Police Reserves, irregular part-time
employees, seasonal and temporary employees, supervisors and other classifications as set forth in
Appendix A.
Where the term "employee" is used, it shall mean regular full or part-time employees or
probationary employees within the bargaining unit, as defined in Article XIII and Appendix A.
The parties agree as follows:
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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.
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 (15th) 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 Relil!ious Obiection. 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 proofto 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 error, 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,
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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
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 actjvities during working hours, except as
specifically provided in this Agreement.
2.9 Visits bv 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 Police Chief or
his/her designated representative. In no case will such access be unreasonably denied.
2.10 E-Mail Usal!e. The Association and Association representatives shall be allowed to use
City e-mail to communicate with Association members for the purposes set forth in Section 2.6
above. Employee use of e-mails and internet access is governed by the City's Electronic Media and
Services Use Policy, as it currently exists or is subsequently modified.
2.11 Disciplinarv Notices. The city will provide the Association President or representative if
the Association President is not available, copies of all disciplinary notices within 24 hours of the
issuance of such notice to an employee within the bargaining unit. This notice shall be in writing
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and be delivered in person unless both the Association President and the Management
representative handling the discipline mutually agree upon another form of service. As long as
good faith efforts are made to satisfy the notice requirements of this section unintentional failure to
comply will not invalidate the discipline or discharge.
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ARTICLE III - MANAGEMENT RIGHTS
3.1 The City shall retain the exclusive right to exercise the customary functions of management
including, but not limited to, directing the activities of the Department; determining the levels of
service and methods of operation including contracting and subcontracting, and the introduction of
new equipment; the right to hire, lay-off, transfer, and promote; to discipline or discharge for cause
as defined in Article XI; to determine the content, duties and responsibilities of job classifications;
to make, revise and discontinue rules, consistent with the terms of this Agreement; to determine
work schedules and assign work; and any other such rights not specifically referred to in this
Agreement. The failure by the City to exercise its rights under this Article or to exercise its rights
under this Article in a particular way shall not be taken as a waiver of such rights.
ARTICLE IV - STRIKE PROHIBITION
4.1 The Association and its members, as individuals or as a group, will not initiate, cause,
permit or participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any
other restriction of work at any location in the City. Employees in the bargaining unit, when acting
in the course of their employment, shall not honor any picket line established in the City by the
Association or by any other labor organization when called upon to cross a picket line in the line of
duty. Disciplinary action, including 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 of this Agreement.
4.3 The City agrees that there will be no lockout of employees of the bargaining unit as a
consequence of any dispute with the Association arising during the term of this Agreement.
ARTICLE V - HOLIDAYS
5.1 Recol!:nized HoIidavs. The following shall be recognized as Holidays:
New Years Day (January I)
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 (I st Monday in September)
Veterans Day (November 11)
Thanksgiving Day (4th Thursday in November)
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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 Holidav 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 Holidav Work. If any regular employee is required to work on any of the holidays listed
above, he/she shall be compensated at his/her regular straight time rate for all hours worked, in
addition to eight (8) hours compensation at his/her regular straight time rate of pay for the holiday,
which shall be paid on the first payday of December of each year.
5.4 Holidav 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.
ARTICLE Vl- VACATIONS
6.1 Eligibilitv. An employee shall be eligible to take accrued vacation leave with pay after one
(I) 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
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 third (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 third (12.67) hours of vacation
credit for each calendar month of service (19 working days maximum).
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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.
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 tsken. 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 tske
vacation is caused by the City's insistence that the employee be at work. In the event that the City
insists that the employee be at work, the employee will be allowed to accumulate vacation leave in
excess of the maximum or be paid for such leave, at the City's discretion.
6.4 ScheduIiDl!:. 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 1st and will be closed as
of January 1st 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.
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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 his/her employment, no
vacation is considered earned and no payment in lieu of vacation shall be made. In the event of
death, termination or other severance of employment after an employee has served for twelve (12)
continuous months, and is otherwise eligible for vacation credits, the employee shall be entitled to
payment for accrued vacation leave at the wage rate applicable on the date of severance of
employment. In the event of death, earned but unused vacation leave shall be paid in the same
manner as salary due the deceased employee is paid.
ARTICLE VlI - 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, or a twelve (12) hours shift as mutually agreed
upon by the Association and as determined by the City consistent with operational needs.
7.2 Workday. The workday shall consist of an eight (8) or ten (10) hour or twelve (12) hours
within a twenty-four (24) hour period, including rest periods (i.e. the 24 hour period will begin at
the start of the employee's work day and end 24 hours later). This section shall not apply to
scheduled training days, so long as the employee has eight (8) hours off work between the end of
the training session and beginning of his/her normally scheduled shift. If less than eight (8) hours is
allowed, overtime shall apply for all hours worked on the employee's normally scheduled shift with
less than eight (8) hours off work. If, for any reason training is canceled the City may return the
affected employees to their regular work schedules without incurring overtime.
7.3 Workweek. The workweek shall consist of a seven (7) day work schedule with five (5)
consecutive eight (8) hour days, followed by two (2) consecutive days off or four (4) consecutive
ten (10) hour days, followed by three (3) consecutive days off or a 12 hour work schedule agreed
upon by both the City and the association. If the employees are scheduled to work a twelve hour
schedule they will receive over time pay for any time worked over eighty hours in a two week pay
period (14 day pay period).
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
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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 (30) days prior to their effective date, except for emergency
situations and for the duration of the emergency, and except for scheduled training for which ten
(10) days' notice is required. Employees will normally be given seven (7) calendar days advance
notice of any change in their work schedule, which is required by the City. Employees whose work
schedules are changed by the City without seven (7) calendar days advance notice will be paid at
overtime rates for time worked outside their regular work schedule, except under the following
circumstances:
A. When the scheduling changes are made in response to an emergency (Act of God,
natural disaster, civil unrest, or governmental declaration of emergency) and only for
the duration of the emergency;
B. When scheduling changes are made to accommodate non-mandatory training, for
the employee requesting and attending the training only;
C. Upon mutual agreement between the City and the employee.
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 ]" and ending
on December 1 st. Employees will be awarded shifts within the classification they are assigned,
based on classification seniority. Prior to or during the bidding process, no shift with days off can be
reserved for probationary or new hires. Prior to or during the bidding process, notation must be
made to leave a specified number of shifts with days off vacant for probationary or new hires.
In the event 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.
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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 Period. . To the extent consistent with operating requirements of the 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 (I 1/2) times their regular rate for overtime work by the
City under the following conditions:
A. All assigned work in excess of eight (8) hours on any scheduled workday for
employees who are scheduled to work an eight (8) hour workday and all assigned
work in excess of ten (10) hours on any scheduled workday for employees who are
scheduled to work a ten (10) hour workday and all assigned work in excess of
twelve (12) hours on any scheduled workday for employees who are scheduled to
work a twelve (12) hour workday.
B. All assigned work in excess of forty (40) hours in workweek. The City shall not be
liable for the payment of overtime when more than forty (40) hours are worked in a
seven (7) day period as the result of a scheduled seniority shift rotation for sworn
personnel. To this end the City may work an employee (80) hours in a 2-week
period before incurring any 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 possible.
7.9 Call-back Time. Employees called back to work shall receive overtime pay with a
guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called
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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. When an employee is on call-back, once the employee has completed the specific
task (for example to appear at a legal proceeding or attend a meeting) for which the employee
was called back, then they are free to leave. This section applies only when call-back results in
hours worked which are not annexed consecutively to or that overlaps one end or the other of the
working day or working shift. This section does not apply to scheduled overtime, callback times
annexed to the beginning of the work shift, holdover times annexed to the end of the work shift or
work day or to brief routine phone calls. For purposes of this section, a regularly scheduled day(s)
off shall commence at the conclusion of the last scheduled workday of the work week and end at the
beginning of the next scheduled work week.
7.10 Compensatory Time. Overtime work shall be compensated by compensatory time at the
rate of one-and -one-half times the hours worked to a maximum accrual of eighty (80) hours or by
cash payment at the rate of one-and-one-half times the regular hourly rate at the option of the
employee. Employees are encouraged to provide as much notice as possible of requested time off.
Compensatory time shall be taken at such times in such blocks as are mutually agreed upon between
the employee and his/her supervisor, subject to the following:
A. Employees must provide a minimum of forty-eight (48) hours advance notice of the
requested compensatory time off. This forty-eight (48) hour notice will, subject to
"B" below, be considered reasonable notice under FLSA. The department may
waive the forty-eight (48) hour advance notice requirement.
B. Minimum staffing shall 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.
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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 lIIness or Iniurv. 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 twelve (12) weeks, per calendar year, paid sick leave for the
employee to care for an ill or injured family member and for other OFLA qualifying purposes in
accordance with OFLA. For the purpose of this Section family member includes: spouse, children
(including step-children and foster children), parent, parent-in-law, grandchildren, grandparents,
"domestic partner" as defined in Article XVI, Section 16.1 and the children, grandchildren and
grandparents of such domestic partners.
8.3 Intel!ration with Workers' Compensation. When an employee suffers a work-related
injury or illness, the City's obligation to pay under this sick leave Article is limited to the difference
between any payment received under Worker's Compensation laws and the employee's regular pay,
minus state and federal deductions. In such instances, no charges will be made against accrued sick
for the time an employee is absent from work to receive medical treatment on the date a work-
related injury or illness occurs and leave for the first three (3) days following the injury or illness.
Thereafter pro-rated charges will be made against accrued sick leave, unless an employee is absent
from work for a work related injury or illness that exceeds ninety (90) calendar days. In situations
where and employee's work-related injury or illness exceeds ninety (90) calendar days, the City will
credit sick leave benefits paid to the employee during that period back to his/her sick leave bank.
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8.4 Sick Leave Without Pav. Upon application by the employee, sick leave without pay may
be granted by the City for the remaining period of disability after accrued sick leave and other paid
leave banks have been exhausted. The City may require that the employee submit a certificate from
a physician periodically during the period of such disability and before returning to work.
8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of
income due to the illness or injury. No compensation for accrued sick leave shall be provided for
any employee upon his/her death or termination of employment, except as provided for in Article
XVI, Section 2.
8.6 Pav for Unused Sick Leave. All employees may elect to receive one-third (1/3) of their
unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in
December. If cash payment is not elected, the unused portion of sick leave will be added to
cumulative sick leave balance, or converted to accrued vacation at the option of the employee.
ARTICLE IX - OTHER LEAVES OF ABSENCE
9.1 Criteria and Procedure. Leaves of absence without pay not to exceed ninety (90) days
may be granted upon establishment of reasonable justification and where it is determined that the
operation of the department and/or division will not be negatively impacted by the temporary
absence of the employee. Requests for such leaves must be in writing and submitted to the Police
Chief thirty (30) days prior to the requested leave date, unless otherwise waived.
9.2 Jurv Dutv. 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 Aooearances. 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 helshe may receive as witness fees.
9.4 Relluired Court Aooearances. 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 retum to the employee's headquarters.
9.5 Election Dav. 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
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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 (I) 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 (I) year, but may be renewed or extended upon request of the
employee and approval by the Police Chief. One year leaves of absence, with requested
extensions for educational purposes may not be provided more than once in any three (3) year
period. His/her replacement shall be considered a temporary employee. Employees shall also be
granted time off with pay for educational purposes, for reasonable lengths of time, to attend
conferences, seminars, briefing sessions, training programs and other programs of a similar
nature that are intended to improve or upgrade the employee's skill and professional ability,
when ordered by the employee's Police Chief.
9.8 Military Leave. Military leave shall be granted as required by Oregon Revised Statutes
and federal law. Employees may use accrued vacation and holiday time for official military leave in
excess of the employer-paid time provided by statute.
9.9 FMLA and OFLA Leave. The City will comply with the Family Medical Leave Act
(FMLA) and the Oregon Family Leave Act (OFLA). Employees who are absent from work for
FMLA or OFLA 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 he/she 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 Comoassionate Leave. An employee will be granted up to three (3) days compassionate
leave with regular pay in the event of death in his/her immediate family. For the purpose of this
section an employee's immediate family shall include: spouse, domestic partner, as defined in
Article XVI, Section 16.1, parent, stepparent, children, stepchildren, brother, sister, grandparents,
mother-in-law or father-in-law and grandparent-in-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 Failure to Return from Leave. Any employee who is granted a leave of absence and
who, for any reason, fails to return to work at the expiration of said leave of absence, shall be
considered as having resigned his/her position with the City, and his/her position shall be declared
vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has
furnished evidence that he/she is unable to work by reason of sickness, physical disability or other
legitimate reason beyond hislher control.
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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, 2009, all bargaining unit base wages will be increased 0%.
Effective July 1,2009 the City shall establish a HRAlVEBA for each bargaining unit member and
shall deposit an amount equal to 1 % of the employees regular rate of pay into the account at the
beginning of each pay period.
10.2 Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days
beginning at 12:01 AM. on Saturday, and ending on the 14th day (Friday) at 11 :59 P.M. Pay days
shall be on the Friday following the close of each pay period.
10.3 Overtime Compensation. Authorized overtime shall be paid in the form of 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
hislher 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 montWy allowance of 9% of base rates.
Effective July 1,2008, employees with an advanced certificate will receive a montWy allowance of
10% of base rates.
10.6 Special Assignment Pay. Employees assigned to the following special temporary
assignments shall be compensated as follows:
A Detective. Any member of the bargaining unit assigned to detective status shall be
compensated as set forth in Appendix C of this Agreement until relieved of such
assignment.
B.
Officer in Charge. Any employee on active duty designated by the City as acting
in capacity in a higher level position other than his/her regular job classification shall
receive 10% additional pay above his/her current base salary for the length of the
assignment. This rate applies to hours worked only and when combined with other
special assignment pay then the combined total shall not exceed 10% (e.g. DARE
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Officer 5% plus Officer in Charge 5%).
C. Other SoeciaI Assilmments. Special Assignments, including Motorcycle Officer,
School Resource Officer, DARE Officer, Survival Skills Instructor during the time
they are actually involved in instructing other officers, and CAP Officer, shall be
compensated an additional five percent (5%) over their normal monthly rate, until
relieved of such assignment. Employees assigned to Police Training Officer shall
receive an additional five percent (5%) for the period of the assignment. Employees
assigned for SWAT callouts shall receive an additional five percent (5%) for the
period of the callout.
D. CIothinl!: 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.
10.7 Wage Reopener. In the event the City agrees to increase the base wage rates paid to
employees covered by the Collective Bargaining Agreement with the Ashland Firefighters
Association, Local #1269 by more then 0% effective Julyl, 2009 or the City is required to
increase the base wage rates of those employees by more then 0% or more as the result of an
interest arbitration award, the Association shall have the right to reopen Article 10.1 of this
Agreement. Notice of intent to reopen must be made in writing and submitted to the Chief
no later than thirty (30) calendar days after the Agreement is signed or the interest
arbitration decision is issued. Either the City or the Association may reopen negotiation on
wage rates covered by this agreement on July1, 2010 and/or Julyl, 2011. Notice of intent to
reopen must be made in writing and submitted no later June 1 of each year of the
Agreement.
10.8 HRAlVEBA Reopener. In the event the City agrees to increase the HRAlVEBA benefit
paid to employees covered by the Collective Bargaining Agreement with the Ashland
Firefighters Association, Local #1269 by more then1% effective July 1, 2009 or the City is
required to increase the HRAlVEBA benefit of those employees by more then I % or more
as the result of an interest arbitration award, the Association shall have the right to reopen
Article 10.1 of this Agreement. Notice of intent to reopen must be made in writing and
submitted to the Chief no later than thirty (30) calendar days after the Agreement is signed
or the interest arbitration decision is issued. Either the City or the Association may reopen
negotiation on HRAlVEBA contributions covered by this agreement on July 1,2010 and/or
July 1 20 II. Notice of intent to reopen must be made in writing and submitted no later June
I of each year of the Agreement.
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ARTICLE XI - DISCIPLINE
11.1 No regular employee as defined in Article XIII may be disciplined or discharged, except for
just cause. Disciplinary action, including discharge, may be imposed upon any employee for failing
to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the City or
Department or which is a direct hindrance to the effective performance of City functions shall be
considered good cause for disciplinary action. Such cause also includes, but is not limited to:
misconduct, inefficiency, unsatisfactory work performance, incompetence, insubordination,
violation of Department rules, unauthorized or excessive tardiness or absenteeism, dishonesty,
engaging in political activities forbidden by State law, or other violations of Departmental standards
of conduct. The employee, upon request, has the right to have Association representation at any
meeting during which disciplinary matters are discussed.
11.2 Discipline for just cause may include the following:
A. Written reprimand
B. Demotion
C. Suspension
D. Discharge
11.3 An employee may be placed on paid administrative leave while charges against the
employee are investigated.
11.4 Any disciplinary action imposed upon an employee, if protested, shall be protested only
as a grievance through the regular grievance procedure. If a Police Chief or other supervisor has
reason to discipline an employee, he/she shall make reasonable efforts to impose such discipline
in a manner that will not embarrass or humiliate the employee before other employees or the
public. Oral reprimands shall not be protested through the grievance procedure. Written
reprimands, upon request of the employee, shall be removed from the personnel file at the end of
three years from the time the reprimand was dated, provided there are no related subsequent
written reprimands or disciplinary action taken during the intervening period of time. It is
understood and agreed disciplinary action that has been removed from an employee's personnel
file cannot be used for the purpose of progressive discipline. However, in the event an employee
grieves subsequent disciplinary action, including discharge, at an arbitration hearing and the
Association introduces evidence regarding the employee's past work record, the City reserves
the right to introduce removed disciplinary action for the purpose of enabling the arbitration to
evaluate the City's action.
Additionally, in the event an employee grieves or otherwise challenges disciplinary action in a
legal proceeding and raises the claim that (s)he was discriminated against or treated
inconsistently, the City reserves the right to introduce disciplinary action removed from the
personnel files of other employees for the limited purpose of addressing such claims of
discrimination or inconsistency.
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11.5 Upon removal of documents, pursuant to 11.4, the City shall store all removed documents
outside the Department until the mandated state archive period is complete. The Department
documents shall not be released or used for any purpose after being removed from employee
personnel files, except as set forth in Section 11.4 above.
The City shall store all completed internal affairs investigations, which result in an unfounded or
exonerated finding outside the Department. These documents will be disposed of in accordance
with the state archive laws and shall not serve as the basis for further discipline.
11.6 The just cause protections set forth in the Article shall not apply to any employee who is
discharged during probation, as defined in Article XIII.
11.7 When an employee is under investigation, which could lead to disciplinary action:
A. The City shall notifY the employee under investigation for a matter involving an
Internal Affairs Investigation, as defined in 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 of this notification.
B. The employee shall be entitled to Association representation and shall be provided a
reasonable amount of time prior to the interview to consult with an Association
representative, irrespective of whether the matter involves an Internal Affairs
Investigation or Informational Report, 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
of the investigation) is available to accompany the employee to the interview. In the
event that the Association desires to have its legal counsel present at the interview,
the Department will schedule the interview at a mutually agreeable time during
normal business hours, provided" the interview is not delayed more 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.
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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 offorce incident involving an employee discharging a firearm or
there is a serious physical injury or death to any person, a Departmental supervisor will
promptly notify an Executive Board member.
ARTICLE XII - SETTLEMENT OF DISPUTES
12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise
between the parties concerning the application and/or the Association, and/or employee with regard
to interpretation issues, meaning or interpretation of this Agreement shall be settled in the following
manner:
Stell 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.
Stell II. If the grievance has not been settled between the affected employee and the
supervisor, it may be presented in writing by the Association representative to the Police
Chief, or his/her designee, within ten (10) days after the response specified in Step I is due
or received. The written notice shall include details of the grievance, the section of this
Agreement allegedly violated and the specific remedy requested. The Police Chief, or
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his/her designee, shall respond to the Association representative in writing within ten (10)
days after receipt thereof.
SteD III. If the grievance still remains unadjusted, it may be presented by the Association
to the City Administrator of the City or his/her designee(s), within ten (10) days after the
response specified in Step II is due or received. The City Administrator, or his/her
designee(s), shall respond in writing to the Association within ten (10) days.
SteD IV. If the grievance is still unsettled, either party may within ten (10) days of the
decision of the City Administrator or his/her designee(s) under Step 1II 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.
If either party desires a verbatim recording of the proceedings, it may cause such a record to be
made, provided it pays for the record. If the other party desires a copy, both parties shall jointly
share the cost of the transcript and all copies.
If any grievance is not presented or forwarded by the employee or Association within the time limits
specified above, such grievance shall be deemed waived. All days and hours specified shall be
calendar. If the City fails to respond in a timely fashion, the grievance may be appealed to the next
step. A grievance may not change once it has been filed in writing.
ARTICLE XIII - SENIORITY
13.1 Definition of Seniority. Only regular employees shall have semonty. Two types of
seniority will be recognized for various pu,rposes as set forth in this Agreement: bargaining unit
seniority and classification seniority. Bargaining unit seniority shall be defined as an employee's
length of service within the bargaining unit without termination of seniority, dating from his/her first
day of compensable work within the bargaining unit. Classification seniority shall be defined as an
employee's length of service within a job classification listed in Appendix "A" without a
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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 Lavoff and Recall. In the event of layoff, the selection of employees to be laid off shall be
as follows: First, probationary employee(s) in the positions affected shall be laid off. If there are no
such probationary employees, the employee in the position affected who has the least classification
seniority in that position will be the first laid off and layoffs shall continue in that order. An
employee who has classification seniority in a lower job classification may exercise hislher 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 retum 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 absenffrom work for three (3) consecutive working days without notification to the
City, unless the City determines, in its discretion that mitigating circumstances
existed to justify the failure to notifY;
D. Is laid off and fails to report to work within three days after receipt of notice of recall
by certified mail or five days after delivery of such notice of recall;
E. Is laid off from work for any reason for 24 months, or for a period of time equal to
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;
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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 injury/illness or another event
occurs to extinguish reinstatement rights in accordance with ORS 659A.043 and ORS
659A.046. (It is however understood and agreed that the seniority of an employee
who is continuously absent due to an on-the-job injury or illness will be frozen after
one year.)
13.5 Probationary Period. The probationary period is an integral part of the employee selection
process and provides the City with the opportunity to upgrade and improve the Department by
observing a new employee's work, training, aiding new employees in adjustment to their positions,
and by providing an opportunity to reject any employee whose work performance fails to meet
required work standards. For new' employees hired, the probationary period for entry-level
employees shall be eighteen (18) full months of employment. The probationary period for lateral
employees shall be twelve (12) full months of employment. Probationary periods will commence
on the first day of an employee's compensable work in ajob classification and may be extended up
to an additional six (6) months by written mutual approval between the City and the Association.
The Association recognizes the right of the City to terminate probationary employees for any reason
and to exercise all rights not specifically modified by this Agreement with respect to such
employees, including, but not limited to, the shifting of work schedules and job classifications, the
assignment of on-the-job training, cross-training in other classifications, the assignment of on-the-
job training, cross-training in other classifications and the assignment to educational courses and
training programs. Termination of a probationary employee shall not be subject to the grievance
procedure under Article XII.
13.6 Notice of Recall from Lav-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.
ARTICLE XIV - PROMOTIONS
14.1 Postinl!s. Promotional opportunities to job classifications listed in Appendix "A"
(not assignments), as well as supervisory/management positions in the Department shall be
posted for at least three (3) weeks prior to the closing of accepting applications for the position.
Whenever a promotional examination is given the notice announcing such examination shall
state the passing score on all parts of the examination and the relative weight of each part of the
examination.
14.2 Promotional Probationary Period. Regular employees promoted into a higher
classification within the Department shall serve a promotional probationary period of six (6)
continuous months. The Association also recognizes the right of the City to demote an employee on
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promotional probationary status to his/her previous posllion. 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.
ARTICLE XV - GENERAL PROVISIONS
15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all
employees in the bargaining unit without discrimination as to race, creed, color, age, sex, national
origin or other protected status in accordance with applicable law. The Association shall share
equally with the City the responsibility for applying the provisions of this Section. All references to
employees in this Agreement designate both sexes, and whenever the male gender is used, it shall
be construed to include the male and female employees. Employees shall have the right to form,
join, and participate in the activities of the Association or any other labor organization, or to refrain
from any or all such activities, and there shall be no discrimination by either the City or the
Association by reason of the exercise of such right except as specifically provided herein. Nothing
. in this Agreement shall be construed as precluding or limiting the right of an individual employee to
represent himlherself in individual personal matters.
15.2 Professional Standards and Safety Committee. In order that the City may be informed
and/or take appropriate action on professional standards of safety and protective equipment, a
committee shall be formed composed of the Police Chief and/or his/her designated representatives
not to exceed two, and representatives of the Association not to exceed three. This committee shall
meet as mutually agreed upon, consider surveys and factual studies, and make recommendations for
improvements to the City Administrator.
15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and
implement its responsibilities and may do so by work rule, oral or written, existing or future. It is
agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a
specific provision of this Agreement. All work rules which have been reduced to writing will be
furnished to the Association and to affected employees upon request.
15.4 Other Emnlovment. Prior to accepting outside employment, an employee shall first
discuss the matter with the Police Chief. Acceptance or continuance of regular outside employment
by an employee shall be subject to the following criteria:
A. The need for mentally alert and physically able public safety employees.
B. Insulating employees from potential conflict of interest situations.
C. Maintaining efficiency unimpaired by other employment, recognizing the nature of
the job requiring police officers to be available for emergency duty twenty-four (24)
hours a day.
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15.5 Uniforms. Protective CIothinl! and Devices. If an employee is required to wear a
uniform, protective clothing or use any type of protective device, such article shall be provided by
the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the
employee, reasonable wear excepted. Lost articles or damage to articles due to negligence shall be
reimbursed to the City by the employee. Failure of any employee to wear such required uniform,
protective clothing, or use such protective device as prescribed by the City shall be cause for
disciplinary action as set forth in Article XI. The City shall provide footwear/reimbursement of up
to a total of $175 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.
15.6 Educational Allowance. After an employee's completion of one (I) full year of
continuous service, the Police Chief may authorize reimbursement to the employee for costs directly
related to upgrading his/her professional ability through enrollment in an educational course of
study or class at a state accredited educational institution. The amount of such reimbursement shall
be at the sole discretion of the Police Chief, based on the availability of departmental resources for
such expenditures and upon the relative benefit to be realized by the department from the
employee's participation in the class or coursework. Funds may be advanced to an employee to pay
initial costs, however, final reimbursement shall require the employee to provide evidence of his /her
successful completion of the class or coursework. In no event shall the Department be responsible
for reimbursing educational costs incurred by an employee outside of an advance mutual agreement
with the Police Chief.
15.7 Position DescriDtions. The general classifications of labor which shall be recognized
throughout this Agreement shall be those set forth in Appendix A.
15.8 Personnel File.
A. InsDection. Each bargaining unit member shall have the right to review and obtain
at their expense, copies of the contents of his/her personnel file, exclusive of
materials received prior to the date of their employment with the City. The official
personnel files shall be maintained in the City Administrator's office.
B. EmDIovee Sil!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 his/her file a signed response to such material.
3.
Refuse to sign such material in which case a employee of management shall
place in that person's file a signed statement indicating that the material was
offered to the employee for reading and signing and the employee refused.
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15.9 Trainin~. The City shall provide outside training opportunities to employees in the
bargaining unit as follows:
A. The City shall provide outside trammg opportunities to employees in the
bargaining unit on an equitable basis. All training must be approved by the Chief
or his/her designee and is subject to the Department's evaluation of operational
needs and budgeting constraints.
B. The City shall provide twenty four (24) hours of outside training per year to
Survival Skills instructors, and shall provide any additional training hours DPSST
requires, such instructors to have maintain DPSST teaching credentials.
15.10 Travel Time for Trainin~ 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 as 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 ti~e 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.
15.11 Fitness for Dutv. 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.
ARTICLE XVI - HEALTH. WELFARE & RETIREMENT
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16.1 Health 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. Effective January I,
2010 employees agree to change the Preferred Provider Option with a $200 deductible under the
same cost share arrangement as stated in this section. 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 employee 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 of the 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.
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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
OKS. 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 $40.00 per month in matching funds
per member enrolled in a City deferred compensation program (currently ICMA 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.
16.4 Reemplovment of Retired Emplovees.
A. The City may at its discretion rehire retired Association members for up to 1039
hours each year following their retirement date.
B. At the retiring Association members option, the City shall only use rehired retired
employees to fill a vacant Association member position on a temporary basis and for
not more then 90 days following the retirement date of the rehired retired employee.
Re-employment of retired employees will not cause the layoff of any other bargaining
unit member and the rehired retired member will remain a member of the Association
while re-employed with the exception of Article 5, 6, 8, 10.1 A and 16.
ARTICLE XVII - WORKER'S COMPENSATION
All employees will be insured under the provisions of the Oregon State Workers' Compensation
Act for injuries received while at work for the City.
ARTICLE XVIII - LIABILITY INSURANCE AND INDEMNIFICATION
18.1 The City shall purchase liability insurance in the maximum amounts set forth in OKS.
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
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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.
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 Fundinl!. 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.
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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 10.7 and 10.8 shall be effective July 1,2009 and shall
remain in full force and effect until June 30, 2012.
This Agreement shall automatically be renewed from year to year thereafter unless either party
notifies the other in writing not later than ninety (90) days prior to the expiration date of this
Agreement of their intent to modifY or terminate the Agreement. If such notice is not given, this
Agreement may be subsequently reopened for modification upon sixty (60) days written notice;
however, the Agreement shall remain in full force and effect during the period of negotiations.
ASHLAND POLICE ASSOCIATION
CITY OF ASHLAND, OREGON
Date:
07l.7o"l
~
By: . .
Date: 7/z-:y/oc;
By:
r
<T
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Ashland Police Association
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City of Ashland!
Ashland Police Association
CBA 2009-20xx
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 of 20
hours per week
Seasonal and temporary employees
who are hired to work on a temporary
basis for an undefined period oftime
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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 1. 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 I 1/2 straight time rate) during
hislher 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.
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