HomeMy WebLinkAbout2012-29 Police Personnel Contract
RESOLUTION NO. 2012- c
A RESOLUTION EXTENDING CERTAIN LONGEVITY, EDUCATIONAL
ATTAINMENT AND FITNESS INCENTIVES TO NON-REPRESENTED
DPSST-CERTIFIED ASHLAND POLICE PERSONNEL
RECITALS:
1. The City has an interest in maintaining compensation differentials to avoid compression
between represented employees and the supervisory/management staff.
2. The City has negotiated a three-year labor agreement with the Ashland Police
Association that provides for certain longevity, educational attainment and fitness
incentives.
3. The City recognizes that it is in its interest to encourage longevity, educational attainment
and fitness for all sworn police personnel and notjust those who are members of a
bargaining unit.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The pay longevity, educational attainment and fitness incentives contained in the
three-year collective bargaining agreement between the City of Ashland and the Ashland Police
Association shall apply to all sworn, DPSST-certified non-represented Police Department
personnel, except for the chief of police, throughout the term of the collective bargaining
agreement, retroactive to July 1, 2012.
SECTION 2. This resolution was duly PASSED and ADOPTED this c day of~
2012 nd takes effect upon signing by the Mayor.
'Barbara Christensen, City Recorder j,
SIGNED and APPROVED this r! day of D f l 2012.
ll-~
Join Stro berg, Mayor
Rev.ewed as to fo
David Lohman, City Attorney
Page 1 of 1
AGREEMENT
CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
July 1, 2012 - June 30, 2015
TABLE OF CONTENTS
PREAMBLE 5
SCOPE OF AGREEMENT 6
ARTICLE I - RECOGNITION 7
ARTICLE II - ASSOCIATION SECURITY 7
2.1 Check off 7
2.2 Fair Share 7
2.3 Religious Objection 7
2.4 Hold Harmless 7
2.5 New Hires 8
2.6 Bulletin Boards 8
2.7 Association Representatives 8
2.8 Solicitation 8
2.9 Visits by Association Representatives 8
2.10 E-Mail Usage 8
2.11 Discipline Notices 9
ARTICLE III - MANAGEMENT RIGHTS 9
ARTICLE IV - STRIKE PROHIBITION 9
ARTICLE V - HOLIDAYS 10
5.1 Recognized Holidays 10
5.2 Holiday Compensation 10
5.3 Holiday Work 10
5.4 Holiday Compensation Time 10
ARTICLE VI - VACATIONS 11
6.1 Eligibility 11
6.2 Continuous Service 11
6.3 Accrual Limitations 11
6.4 Scheduling 12
(A) Bid 12
(B) Other Requested Time Off 12
(C) Cancellation for Emergencies Only 12
6.5 Payment on Termination 12
ARTICLE VII - HOURS OF WORK 12
7.1 Work Hours 12
7.2 Workday 13
7.3 Workweek 13
7.4 Work Schedule 13
7.5 Shift Rotation 14
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7.6 Rest Periods 14
7.7 Meal Period 14
7.8 Overtime 14
7.9 Call-back Time 15
7.10 Compensatory Time 15
7.11 Shift Trades 16
ARTICLE VIII - SICK LEAVE 16
8.1 Accumulation 16
8.2 Utilization for Illness or Injury 16
8.3 Integration with Workers' Compensation 16
8.4 Sick Leave Without Pay 17
8.5 Termination 17
ARTICLE IX - OTHER LEAVES OF ABSENCE 17
9.1 Criteria and Procedure 17
9.2 Jury Duty I 17
.9.3 Appearances 17
9.4 Required Court Appearances 17
9.5 Election Day 17
9.6 Association Business 17
9.7 Educational Leave 18
9.8 Military Leave 18
9.9 FMLA and OFLA Leave 18
9.10 Compassionate Leave 18
9.11 Failure to Return from Leave 18
ARTICLE X - COMPENSATION 19
10.1 Pay Schedule 19
10.2 Pay Periods 19
10.3 Overtime Compensation 19
10.4 Standby Pay 19
10.5 Incentive Pay 19
10.51 - DPSST Incentive Pay 19
10.52 - Educational Incentive Pay 19
10.53 - Longevity Incentive Pay 20
10.6 Special Assignment Pay 20
ARTICLE XI - DISCIPLINE 21
ARTICLE XII - SETTLEMENT OF DISPUTES 23
12.1 Grievance and Arbitration Procedure 23
Step I 23
Step 11 23
Step III 24
Step IV 24
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ARTICLE XIII - SENIORITY 24
13.1 Definition of Seniority 24
13.2 Layoff and Recall 25
13.3 Suspension of Seniority 25
13.4 Termination of Seniority 25
13.5 Probationary Period 26
13.6 Notice of Recall from Lay-off Status 26
ARTICLE XIV - PROMOTIONS 26
14.1 Testing ..............................................................................:....................:...................26
14.2 Promotional Probationary Period 26
ARTICLE XV - GENERAL PROVISIONS 27
15.1 No Discrimination 27
15.2 Professional Standards and Safety Committee 27
15.3 Rules 27
15.4 Other Employment 27
15.5 Uniforms, Protective Clothing and Devices 27
15.5 A - Equipment/Clothing Allowance 27
15.6 Educational Allowance 27
15.7 Position Description 28
15.8 Personnel File 28
(A) Inspection 28
(B) Employee Signature 28
15.9 Training 28
15.10 Travel Time for Training and Other Off-Site Activities 29
15.11 Fitness for Duty 29
15.12 Fitness Incentive 29
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT 30
16.1 Health and Welfare 30
16.2 Retirement 31
16.3 Deferred Compensation 31
16.4 Employment of Retired Employees 31
ARTICLE XVII - WORKERS' COMPENSATION 31
ARTICLE XVIII - LIABILITY INSURANCE AND INDEMNIFICATION 31
ARTICLE XIX - SAVINGS CLAUSE AND FUND 32
19.1 Savings Clause 32
19.2 Funding 32
ARTICLE XX - TERMINATION AND REOPENING 33
APPENDIX "A"- CLASSIFICATIONS WITHIN BARGAINING UNIT 34
APPENDIX "B" - WAGE SCHEDULE 35
APPENDIX "C" - DETECTIVE ASSIGNMENT AND COMPENSATION 36
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AGREEMENT
Between
THE CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City," and the
Ashland Police Association, hereinafter called the "Association". Unless indicated otherwise, reference to
the "City" herein shall include the Mayor and City Council or their designee(s) as the officials directly
responsible for the operation of the department covered by this Agreement. The purpose of this Agreement
is to set forth the full and complete Agreement between the parties on matters pertaining to rates of pay,
hours of work and other conditions of employment.
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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 Reli0ous Objection. Any employee having bona fide religious tenets or teachings which prohibit'
association with a labor organization or the payment of dues or payment in lieu of dues to a labor
organization, shall pay an amount of money equivalent to regular Association dues, initiation fees and
assessments to a non-religious charity or to another charitable organization mutually agreed upon by the
employee and the Association. The City shall deduct from the first salary check of each such employee,
each month the payments to such charitable organization and shall remit the same to the charitable
organization by the fifteenth (15th) of the succeeding month. The employee shall supply proof to the
Association, each month that has been done.
2.4 Hold Harmless. The Association agrees to hold the City harmless against any and all claims,
orders or judgments brought or issued against the City as a result of any action taken or not taken by the
City under the provisions of this article. Upon written notification by the Association of a check-off error,
the City will make adjustments within thirty (30) days of receipt of such notification.
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2.5 New Hires. The City will notify the Association of all new hires in the unit within two (2) weeks
after their having been employed, furnishing the Association with the new employee's name, social security
number, mailing address and position for which he/she has hired.
2.6 Bulletin Boards. The City agrees to allow suitable wall space in the Police Station, not to exceed
3'x 3' for bulletin boards to be used by the Association for the posting of notices and bulletins relating to the
Association.
The Association shall limit its posting of Association notices and bulletins to such bulletin board, which
shall be used only for the following Association notices and bulletins:
A. Recreation and social affairs of the Association
B. Association meetings
C. Association elections
D. Reports of Association committees
E. Rulings or policies of the International Association
F. Communications from the Association to the bargaining unit
G. Current events regarding Association activity
2.7 Association Representatives. Employees selected by the Association to act as representatives shall
be certified in writing to the City by the Association. Duties required by the Association representatives,
except attendance at meetings with supervisory personnel and aggrieved employees arising out of a
grievance already initiated by an employee under Article XII, shall not interfere with their or other
employees' regular work assignments as employees of the City. Contacts between Association
representatives and employees or the Association may be made during working hours so long as the contact
does not disrupt regular Department operations. A maximum of two (2) employees shall be permitted to
attend negotiation and mediation sessions during regular working hours without loss of pay. Additional
team members, as well as employees who participate in negotiations or mediation during off duty hours,
will not be paid for such attendance.
2.8 Solicitation. The Association agrees that its members will not solicit membership in the
Association or otherwise carry on Association activities during working hours, except as specifically
provided in this Agreement.
2.9 Visits by Association Representatives. The City' agrees that accredited representatives of the
Association, upon reasonable and proper introduction, may have reasonable access to the premises of the
City at any time during working hours for the purpose of assisting in the administration of this Agreement,
if they first obtain permission to do so from the Police Chief or his/her designated representative. In no case
will such access be unreasonably denied.
2.10 E-Mail Usaee. 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.
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2.11 Disciplinary Notices. The city will provide the Association President or representative if the
Association President is not available, copies of all disciplinary notices within 24 hours of the issuance of
such notice to an employee within the bargaining unit. This notice shall be in writing and be delivered in
person unless both the Association President and the Management representative handling the discipline
mutually agree upon another form of service. As long as good faith efforts are made to satisfy the notice
requirements of this section unintentional failure to comply will not invalidate the discipline or discharge.
ARTICLE III - MANAGEMENT RIGHTS
3.1 The City shall retain the exclusive right to exercise the customary functions of management
including, but not limited to, directing the activities of the Department; determining the levels of service and
methods of operation including contracting and subcontracting, and the introduction of new equipment; the
right to hire, lay-off, transfer, and promote; to discipline or discharge for cause as defined in Article XI; to
determine the content, duties and responsibilities of job classifications; to make, revise and discontinue
rules, consistent with the terms of this Agreement; to determine work schedules and assign work; and any
other such rights not specifically referred to in this Agreement. The failure by the City to exercise its rights
under this Article or to exercise its rights under this Article in a particular way shall not be taken as a waiver
of such rights.
ARTICLE IV - STRIKE PROHIBITION
4.1 The Association and its members, as individuals or as a group, will not initiate, cause, permit or
participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any other restriction
of work at any location in the City. Employees in the bargaining unit, when acting in the course of their
employment, shall not honor any picket line established in the City by the Association or by any other labor
organization when called upon to cross a picket line in the line of duty. Disciplinary action, including
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.
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ARTICLE V - HOLIDAYS
5.1 Recognized Holidays. 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 (1 st Monday in September)
Veterans Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving
Christmas Day (December 25)
Employee's Birthday
Employee's Anniversary Date of Hire
If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such
holiday shall not be charged against such leave.
5.2 Holiday Compensation. Each regular full-time employee shall receive eight (8) hours
compensation for each of the holidays listed above on which he/she performs no work, irrespective of the
length of the employee's assigned/scheduled workday. This compensation shall be paid on the first payday
of December of each year. Regular part-time employees shall receive pro-rated holiday pay.
5.3 Holiday Work. If any regular employee is required to work on any of the holidays listed above,
he/she shall be compensated at 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 Holiday Compensation Time. On December 1 each year, an employee may elect to take up to
twelve (12) days (96 hours) in lieu of holiday pay as compensatory time off, provided that not more than a
total of twelve (12) such days may be elected during the twelve (12) month period from December 1 to
December 1 of each year. Said compensatory days shall be. scheduled mutually by the employee and the
Police Chief. Employees are encouraged to provide as much notice of the requests for holiday
compensatory time off as possible. Holiday compensation time off shall be scheduled in any amount of
blocks of 15 minute increments, so long as no other employee is subjected to overtime to cover the
employee's absence. An employee's holiday compensation time off request shall not be unreasonably
denied.
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ARTICLE VI - VACATIONS
6.1 Eligibility. An employee shall be eligible to take accrued vacation leave with pay after one (1) full
year of service with the City. Regular full-time employees shall accrue vacation leave on a monthly basis in
accordance with the following schedule:
A. Employees with less than four (4) full years of continuous service shall accrue 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).
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 taken. An employee may accumulate up to two years of vacation at the applicable accrual
rate for their length of continuous service. The City shall notify an employee thirty (30) days in advance of
pending loss of accrued vacation time. The City will post every employee's maximum accrual limitations
on the Department bulletin board and will periodically update accrual postings. An employee who is about
to lose vacation credit because of accrual limitations, may notify his/her immediate supervisor fifteen (15)
days in advance of his/her need to be absent to prevent such loss. Such action taken by the employee shall
not constitute a basis for disciplinary action or loss of pay. If an employee does not take his/her accrued
vacation time after being notified by the City, such vacation credit shall be deemed forfeited, unless failure
to take vacation is caused by the City's insistence that the employee be at work. In the event that the City
insists that the employee be at work, the employee will be allowed to accumulate vacation leave in excess
of the maximum or be paid for such leave, at the City's discretion.
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6.4 Scheduling. Vacation time off may be taken in as little as 15 minute increments.
A. Bid. Employees shall be permitted to request vacation on the basis of classification seniority
annually. All days of the year shall be available for the annual seniority bid. The vacation
schedule shall be posted as of December 151 and will be closed as of January 151. Subsequent
changes to the bid may be made only by mutudl consent of the parties. Employees may
submit a request for three blocks of time off during each annual bid. Based upon
classification seniority and subject to reasonable operation needs of the Department,
employees shall be awarded three bids. Each employee will be allowed to exercise their first
bid choice before any employee is granted a second bid choice. Each employee will then be
allowed to exercise their third bid choice after the completion of the second bid choice.
Junior members of the bargaining unit may not be awarded three bids, if they are outbid by
more senior members.
B. Other Requested Time Off. After the annual bid has concluded, employees may
request additional time off on a first come first serve basis. Such requests shall not be
denied because of supervisory time off, unless such supervisory time off was approved and
posted prior to an employee's submission of a written request for time off. Vacation time
shall be granted if no overtime is incurred, consistent with operational needs. Nothing in
this subsection prohibits the City from allowing a vacation request even if the request
requires the payment of overtime.
C. Cancelation for Emergencies Only. Once an employee has been approved to take time off
work, that time cannot be cancelled by the city except in the case of an emergency. If an
employee has approved time off, he or she cannot be ordered to work his/her regular days
off directly prior to, or after the time off, or days which fall within the approved time off,
except in the case of an emergency.
6.5 Payment on Termination. In the event of death, termination or other severance of employment of
an employee during the initial twelve (12) months of his/her employment, no vacation is considered earned
and no payment in lieu of vacation shall be made. In the event of death, termination or other severance of
employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for
vacation credits, -the employee shall be entitled tb payment for accrued vacation leave at the wage rate
applicable on the date of severance of employment. In the event of death, earned but unused vacation leave
shall be paid in the same manner as salary due the deceased employee is paid.
ARTICLE VII - HOURS OF WORK
This article is intended to be construed only as a basis for recognizing overtime, and shall not be construed
as a guarantee of hours of work per day or per week. Any flex-time arrangements must be 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
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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 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;
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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 151 and ending on
December I". 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.
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 by the employee at the time of his/her choosing. Employees will attempt not to
schedule their meal period during the first or last hour of their assigned shift. The meal period shall be
thirty (30) minutes and shall be considered on-duty time.
7.8 Overtime. The City has the right to assign overtime work as required in a manner most
advantageous to the City and consistent with the requirements of municipal service and the public interest.
Except as otherwise provided in this Agreement, employees, excluding detectives, shall be compensated at
the rate of one-and-one-half (1 1/2) times their regular rate for overtime work by the City under the
following conditions:
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.
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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 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.
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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.
ARTICLE VIII - SICK LEAVE
8.1 Accumulation. Sick leave shall be earned by each eligible full-time employee at the rate of eight
(8) hours for each full calendar month of service, irrespective of the employee's work schedule. Sick leave
shall not accrue during periods of unpaid leave or layoff. Employees who return to work from unpaid leave
or recall from layoff shall, however be credited with any unused sick leave they had accrued prior to unpaid
leave or layoff. Sick leave may be accumulated to a total of nine hundred and sixty (960) hours and must
be taken for the purposes specified in Section 8.2 below, as a condition precedent to any sick leave
payment.
8.2 Utilization for Illness or Iniury. 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 Integration with Workers' Compensation. When an employee suffers a work-related injury or
illness, the City's obligation to pay under this sick leave Article is limited to the difference between any
payment received under Worker's Compensation laws and the employee's regular pay, minus state and
federal deductions. In such instances, no charges will be made against accrued sick for the time an
employee is absent from work to receive medical treatment on the date a work-related injury or illness
occurs and leave for the first three (3) days following the injury or illness. Thereafter pro-rated charges will
be made against accrued sick. leave, unless an employee is absent from work for a work related injury or
illness that exceeds ninety (90) calendar days. In situations where and employee's work-related injury or
illness exceeds ninety (90) calendar days, the City will credit sick leave benefits paid to the employee
during that period back to his/her sick leave bank.
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8.4 Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be
granted by the City for the remaining period of disability after accrued sick leave and other paid leave banks
have been exhausted. The City may require that the employee submit a certificate from a physician
periodically during the period of such disability and before returning to work.
8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of income
due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee
upon his/her death or termination of employment, except as provided for in Article XVI, Section 2.
8.6 Pay for Unused Sick Leave. All employees may elect to receive 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 of 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 Jury Duty. Employees shall be granted leave with pay for service upon a jury provided, however,
that the regular pay of such an employee for the period of absence shall be reduced by the amount of money
received for such jury service, and upon being excused from jury service for any day employee shall
immediately contact their supervisor for assignment for the remainder of his/her regular workday.
9.3 Appearances. Leave with pay shall be granted for an appearance before a court, legislative
committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by
proper authority provided, however, that the regular pay of such employee shall be reduced by an amount
equal to any compensation he/she may receive as witness fees.
9.4 Required Court Appearances. Leave of absence with pay shall be granted for attendance in court
in connection with an employee's officially assigned duties, including the time required for travel to the
court and return to the employee's headquarters.
9.5 Election Day. Employees shall be granted two (2) hours to vote on any election day only if, due to
scheduling of work, they would not otherwise be able to vote.
9.6 Association Business. Employees elected to any'Association office or selected by the Association
to do work which takes them from their employment with the City may, upon written request of the
Association and the employee, be recommended by the Police Chief for a leave of absence, of up to thirty
(30) days without pay. Employees selected by Association to attend collective bargaining sessions between
the Association and the City shall not suffer a loss of pay or benefits as a result of attendance at such
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meetings. However, all efforts shall be made to schedule such meetings so as not to adversely affect the
staffing or operation of the department.
9.7 Educational Leave. After completing one (1) year of continuous service, an employee, upon
written request, may be granted a leave of absence without pay by the City for the purpose of upgrading
his/her professional ability through enrollment in educational courses directly related to employment at
an accredited school or course of study. The period of such leave of absence shall not exceed one (1)
year, but may be renewed or extended upon request of the employee and approval by the Police Chief.
One year leaves of absence, with requested extensions for educational purposes may not be provided
more than once in any three (3) year period. His/her replacement shall be considered a temporary
employee. Employees shall also be granted time off with pay for educational purposes, for reasonable .
lengths of time, to attend conferences, seminars, briefing sessions, training programs and other programs
of a similar nature that are intended to improve or upgrade the employee's skill and professional ability,
when ordered by the employee's Police Chief.
9.8 Military Leave. Military leave shall be granted as required by Oregon Revised Statutes and
federal law. Employees may use accrued vacation and holiday time for official military leave-in excess of
the employer-paid time provided by statute.
9.9 FMLA and OFLA Leave. The City will 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 Compassionate Leave. An employee will be granted up to three (3) days compassionate leave
with regular pay in the event of death in his/her immediate family. For the purpose of this section an
employee's immediate family shall include: spouse, domestic partner, as defined in Article XVI, Section
16.1, parent, stepparent, children, stepchildren, brother, sister, grandparents, mother-in-law or father-in-law
and grandparent-in-law. The employee will be paid his/her regular hourly rate for any such days of excused
absence, which occur only during this assigned workweek. An additional two (2) days with regular pay
may be granted and shall not be unreasonably denied. The City may, at its discretion, grant other
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 his/her 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, 2012, all bargaining unit base wages will be increased 2%.
Effective July 1, 2013, all bargaining unit base wages will be increased by 3%. Effective July 1,
2014, all bargaining unit base wages will be increased by 3%.
B. The City shall establish and maintain an HRA/VEBA for each bargaining unit member, and
deposit an amount equal to 2% of the employee's regular rate of pay into the account at the
beginning of each pay period.
10.2 Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days
beginning at 12:01 A.M. on Saturday, and ending on the 14th day (Friday) at 11:59 P.M. Pay days shall be
on the Friday following the close of each pay period.
10.3 Overtime Compensation. Authorized overtime shall be paid in the form of pay or compensatory
time off pursuant to Article VII, Subsection 7.10. All overtime shall be recorded by the employee and must
be approved by the Police Chief or designated supervisor.
10.4 Standby Pay. An employee assigned to standby status to handle emergencies during his/her
off-duty hours and who is required to remain at his/her home, shall be paid at twenty (20) percent of his/her
regular rate for all predetermined hours of such period. In addition, he/she shall be compensated at overtime
rates for actual time worked to the nearest one-half hours and shall not be eligible for call-back time as set
forth in Article VII.7.9.
10.5 Incentive Pay
10.51 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 of 5% for intermediate DPSST certification, or 10% for advanced DPSST certification.
10.52 Educational Incentive.
Employees in the bargaining unit who obtain a degree or advanced degree from a regionally accredited
college or university shall be eligible to receive additional compensation in the form of an
educational incentive as described below.
• 2% for having/attaining an Associate's degree
• 3% for having/attaining a Bachelor's degree
• 5% for having/attaining a Master's degree
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The educational incentive may be combined with DPSST certification and/or additional
compensation for special assignments described in section 10.6, but employees must choose
between educational incentive and longevity pay. Education incentive will begin once proof of
degree is provided.'
10.53 Longevity Pay (formerly senior police officer Dav).
Employees in the job classification of Police Officer achieving ten consecutive year's service as a
police officer shall be designated as Senior Police Officer, and will receive longevity pay based on
the following schedule:
• 2% after attaining 10 years continuous service as a police officer
• 4% after attaining 15 years continuous service as a police officer
Longevity pay is not applicable if the employee is already receiving the equivalent or greater
education incentive.
Note: Officers may choose the combination of DPSST certification pay + Educational Incentive or
DPSST certification pay + longevity pay based on which combination is most beneficial. In no case
will an officer be eligible for more than two incentives under section 10.5. Officers are responsible
for notifying a supervisor within 60 days of their anniversary date for an intermediate or advanced
certificate. Officers are responsible for providing proof of any certifications prior to receiving
incentive pay. The city will make every effort to compensate the officer for incentive pay on their
anniversary date, if proof of certification is provided by their anniversary date. If proof of any
certification is not provided by the employees anniversary date compensation will begin once the
proof of certification is provided.
10.6 Special Assignment Pa v. 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 Officer 5% plus Officer in
Charge 5%).
C. Other Special Assignments. Special Assignments, including Motorcycle Officer, School
Resource Officer, DARE Officer, Survival Skills Instructor during the time they are actually
involved in instructing other officers, and CAP Officer, shall be compensated an additional
five percent (5%) over their normal monthly rate, until relieved of such assignment.
Employees assigned to Police Training Officer shall receive an additional five percent (5%)
for the period of the assignment. Employees assigned for SWAT callouts shall receive an
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additional five percent (5%) for the period of the callout.
D. Clothine 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.
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 .
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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.
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
asset 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 of force incident involving an employee discharging a firearm or there is a
serious physical injury or death to any person, a Departmental supervisor will promptly notify an
Executive Board member.
ARTICLE XII - SETTLEMENT OF DISPUTES
12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the
parties concerning the application and/or the Association, and/or employee with regard to interpretation
issues, meaning or interpretation of this Agreement shall. be settled in the following manner:
Step 1. The affected employee and, with regard to interpretation issues the Association and/or the
employee, shall take up the grievance or dispute with the employee's supervisor as soon as possible
but not more than ten (10) days of its discovery. The employee shall specify the facts upon which
the grievance is based and the contract article allegedly violated. The supervisor shall then attempt
to -adjust the matter within ten (10) days.
Step H. If the grievance has not been settled between the affected employee and the supervisor, it
may be presented in writing by the Association representative to the Police Chief, or his/her
designee, within ten (10) days after the response specified in Step I is due or received. The written
notice shall include details of the grievance, the section of this Agreement allegedly violated and the
specific remedy requested. The Police Chief, or his/her designee, shall respond-to the Association
representative in writing within ten (10) days after receipt thereof.
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Step III. If the grievance still remains unadjusted, it may be presented by the Association to the
City Administrator of the City or his/her designee(s), within ten (10) days after the response
specified in Step II is due or received. The City Administrator, or his/her designee(s), shall respond
in writing to the Association within ten (10) days.
Step IV. If the grievance is still unsettled, either party may within ten (10) days of the decision of
the City Administrator or his/her designee(s) under Step III have the right to have the matter
arbitrated by a third party jointly agreed upon by the City and the Association. If the parties are
unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a
list of five names of Oregon and Washington arbitrators. Both the City and the Association shall
have the right to strike two names from the list. The party requesting arbitration shall strike the first
name and the other party shall then strike one name. The process shall be repeated and the
remaining person shall be the arbitrator. The arbitrator's decision shall be 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 seniority. Two types of seniority will
be recognized for various purposes as set forth in this Agreement: bargaining unit seniority and
classification seniority. Bargaining unit seniority shall be defined as an employee's length of service within
the bargaining unit without termination of seniority, dating from his/her first day of compensable work
within the bargaining unit. Classification seniority shall be defined as an employee's length of service
within a job classification listed in Appendix "A" without a termination of seniority. Employees who move
to different classifications within the bargaining unit will retain the classification seniority they had in their
previous job classification.
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13.2 Layoff and Recall. In the event of layoff, the selection of employees to be laid off shall be as
follows: First, probationary employee(s).in the positions affected shall be laid off. If there are no such
probationary employees, the employee in the position affected who has the least classification seniority in
that position will be the first laid off and layoffs shall continue in that order. An employee who has
classification seniority in a lower job classification may exercise his/her seniority to bump into that lower
job classification, provided he or she is qualified to perform the work. When displacing another employee,
the "bumping" employee's salary or wage shall be at the step that most closely approximates, but does not
exceed, his/her salary "range in the previous classification on the effective date of layoff. In order to be
entitled to bumping rights, an employee must notify the Chief of Police of his intent to bump within seven
(7) calendar days of receipt of layoff notice. Recall from layoff shall be in reverse order of seniority,
provided the senior employee is capable of performing the work.
13.3 Suspension of Seniority. Bargaining unit and classification seniority shall be retained, but shall not
continue to accrue during layoffs and authorized leaves in excess of ninety (90) calendar days.
Also, employees who are promoted to positions within the Department that are outside the bargaining unit,
but are returned to a bargaining unit position by the City within the six (6) month promotional probationary
period set forth in Article 14.2, will return with the bargaining unit and classification seniority they had
accrued at the time of their promotion restored. The time an employee spends in such a position will not
however be applied toward his/her seniority.
13.4 Termination of Seniority. Bargaining unit and classification seniority and the employment
relationship shall be terminated if an employee:
A. Quits;
B. Is discharged for just cause;
C. Is absent from work for three (3) consecutive working days without notification to the City,
unless the City determines, in its discretion that mitigating circumstances existed to justify
the failure to notify; .
D. Is laid off and fails to report to work within three days after receipt of notice of recall by
certified mail or five days after delivery of such notice of recall;
E. Is laid off from work for any reason for 24 months, or for a period of time equal to his/her
seniority, whichever is shorter;
F. Fails to report for work at the expiration of a leave of absence or in the case of an absence
due to an on or off-the-job injury or illness, fails to report for work within seven (7) days of
receipt of a full or limited medical release to return to work; .
G. If while on leave of absence for personal health reasons accepts other employment without
permission; or
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H. Is retired.
1. If the employee is absent from work due to an on-the-job injury or illness for a period in
excess of three years from his/her original date of injury/illness or another event occurs to
extinguish reinstatement rights in accordance with ORS 659A.043 and ORS 659A.046. (It is
however understood and agreed that the seniority of an employee who is continuously absent
due to an on-the-job injury or illness will be frozen after one year.)
13.5 Probationary Period. The probationary period is an integral part of the employee selection
process and provides the City with the opportunity to upgrade and improve the Department by observing a
new employee's work, training, aiding new employees in adjustment to their positions, and by providing an
opportunity to reject any employee whose work performance fails to meet required work standards. For
new employees hired, the probationary period for entry-level employees shall be eighteen (18) full months
of employment. The probationary period for lateral employees shall be twelve (12) full months of
employment. Probationary periods will commence on the first day of an employee's compensable work in
a job classification and may be extended up to an additional. six (6) months by written mutual approval
between the City and the Association. The Association recognizes the right of the City to terminate
probationary employees for any reason and to exercise all rights not specifically modified by this
Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and
job classifications, the assignment of on-the-job training, cross-training in other classifications, the
assignment of on-the-job training, cross-training in other classifications and the assignment to educational
courses and training programs. Termination of a probationary employee shall not be subject to the
grievance procedure under Article XII.
13.6 Notice of Recall from Lay-off Status. Recall from layoff exceeding five (5) work days shall be
by certified letter sent to the employee at his/her last known address furnished to the City by the employee.
The City may also use any other means to return an employee sooner.
ARTICLE XIV - PROMOTIONS
14.1 Postines. Promotional opportunities to job classifications listed in Appendix "A" (not
assignments), as well as supervisory/management positions in the Department shall be posted for at least
three (3) weeks prior to the closing of accepting applications for the position. Whenever a promotional
examination is given the notice announcing such examination shall state the passing score on all parts of
the examination and the relative weight of each part of the examination.
14.2 Promotional Probationary Period. Regular employees promoted into a higher classification
within the Department shall serve a promotional probationary period of six (6) continuous months. The
Association also recognizes the right of the City to demote an employee on promotional probationary status
to his/her previous position. Demotion of an employee on promotional probationary status, as well as
demotion of employee who was filling the employee's position within the promotional probationary period,
shall not be subject to the grievance procedure under Article XII and such demotion shall not be considered
a disciplinary action.
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ARTICLE XV - GENERAL PROVISIONS
15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all employees in
the bargaining unit without discrimination as to race, creed, color, age, sex, national origin or other
protected status in accordance with applicable law. The Association shall share equally with the City the
responsibility for applying the provisions of this Section. All references to employees in this Agreement
designate both sexes, and whenever the male gender is used, it shall be construed to include the male and
female employees. Employees shall have the right to form, join, and participate in the activities of the
Association or any other labor organization, or to refrain from any or all such activities, and there shall be
no discrimination by either the City or the Association by reason of the exercise of such right except as
specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the
right of an individual employee to represent him/herself in individual personal matters.
15.2 Professional Standards and Safety Committee. In order that the City maybe informed and/or
take appropriate action on professional standards of safety and protective equipment, a committee shall be
formed composed of the Police Chief and/or his/her designated representatives not to exceed two, and
representatives of the Association not to exceed three. This committee shall meet as mutually agreed upon,
consider surveys and factual studies, and make recommendations for improvements to the City
Administrator.
15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement its
responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no
work rule will be promulgated or implemented which is inconsistent with a specific provision of this
Agreement. All work rules which have been reduced to writing will be furnished to the Association and to
affected employees upon request.
15.4 Other Employment. Prior to accepting outside employment, an employee shall first discuss the
matter with the Police Chief. Acceptance or continuance of regular outside employment by an employee
shall be subject to the following criteria:
A. The need for mentally alert and physically able public safety employees.
B. . Insulating employees from potential conflict of interest situations.
C. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job
requiring police officers to be available for emergency duty twenty-four (24) hours a day.
15.5 Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing or use any type of protective device, such article shall be provided by the City.
Replacements shall be provided by the City upon surrender of the article, at no cost to the employee,
reasonable wear excepted. Lost articles or damage to articles due to negligence shall be reimbursed to the
City by the employee. Failure of any employee to wear such required uniform, protective clothing, or use
such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article
XI.
15.5 A. Association members will receive a $750.00 allowance for the term of this contract, and will
be reimbursed for approved items to include footwear, practice ammo, gun club membership
or other work-related equipment or clothing authorized but not provided by the department.
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Purchases greater than $250 in a year must be pre-approved by a division commander.
Amounts reimbursed greater than the $250/year proration shall be re-paid (deducted from
the final pay check) if the employee leaves the city's employ.
15.6 Educational Allowance. After an employee's completion of one (1) full year of continuous
service, the Police Chief may authorize reimbursement to the employee for costs directly related to
upgrading his/her professional ability through enrollment in an educational course of study or class at a state
accredited educational institution. The amount of such reimbursement shall be at the sole discretion of the
Police Chief, based on the availability of departmental resources for such expenditures and upon the relative
benefit to be realized by the department from the employee's participation in the class or coursework.
Funds may be advanced to an employee to pay initial costs, however, final reimbursement shall require the
employee to provide evidence of his/her successful completion of the class or coursework. In no event shall
the Department be responsible for reimbursing educational costs incurred by an employee outside of an
advance mutual agreement with the Police Chief.
15.7 Position Descriptions. The general classifications of labor which shall be recognized throughout
this Agreement shall be those set forth in Appendix A.
15.8 Personnel File.
A. Inspection. Each bargaining unit member shall have the right to review and obtain at their
expense, copies of the contents of his/her personnel file, exclusive of materials received
prior to the date of their employment with the City. The official personnel files shall be
maintained in the City Administrator's office.
B. Employee Signature. Each employee shall be offered the opportunity to read and sign any
written material that is placed in their official personnel file. The employee may:
1. Sign such material indicating agreement.
2. Sign such material, indicating disagreement, in which case the employee may place
in his/her file a signed response to such material.
3. Refuse to sign such material in which case 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.
15.9 Training. The City shall provide outside training opportunities to employees in the bargaining
unit as follows:
A. The City shall provide outside training opportunities to employees in the bargaining unit
on an equitable basis. All training must be approved by the Chief or his/her designee and
is subject to the Department's evaluation of operational needs and budgeting constraints.
B. The City shall provide twenty four (24) hours of outside training per year to Survival
Skills instructors, and shall provide any additional training hours DPSST requires, such
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instructors to have maintain DPSST teaching credentials.
15.10 Travel Time for Training 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 time occurs during their regular daily work hours, consistent with
FLSA. Time spent traveling to and from such training or activities which occurs outside an employee's
regular daily work hours will not be compensated.
15.11 Fitness for Duty. The City reserves the right to require employees to provide verification of
medical ability to perform the essential functions of their positions, as well as confirmation of any
limitations on an employee's ability to perform such essential functions, so long as such 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.
15.12 Fitness Incentive. Employees may receive a fitness incentive payment of up to $250 up to twice
a year. The incentive will apply for successful testing at the approved level of performance within the
55th percentile of the Cooper Standards for the first year of the contract. The fitness incentive will
increase to a $300 payment up to twice a year Tor successful testing at approved level of performance in
the 60th percentile of the Cooper Standards for remaining years.
Officers will continue to receive (2 hours) compensatory time for participation, (4 hours) compensatory
time for meeting the "Fair" standard, (6 hours) compensatory time for meeting the "Good" standard, and
(8 hours) compensatory time for meeting the "Excellent/Superior" standard.
The fitness test will be conducted four times per year. In order to receive the fitness incentive,
employees must successfully complete the test per the Cooper standards two times during the fiscal year.
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ARTICLE XVI - HEALTH, WELFARE & RETIREMENT
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 1, 2010 employees
agree to change the Preferred Provider Option with a $200 deductible under the same cost share
arrangement as stated in this section. Effective April 1, 2011, the Preferred Provider Option became
PacificSource health plans.
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) PacificSource Health Insurance - family coverage.
(b) Standard Life Insurance Company life insurance - family coverage.
(c) Standard Life Insurance salary continuation plan - employee only.
(d) PacificSource or Willamette Dental Insurance - family coverage.
(e) PacificSource - 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 Council or the first of the
month following receipt of the interest arbitration award, unless otherwise agreed upon by the City and the
Association.
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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.
16.2 Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and
provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-
half of accumulated sick leave will be applied to retirement as set forth in O.R.S. 237.153. The City
will also assume or pay the employee contributions required by ORS for all employees included
under this agreement at a uniform rate of six (6) percent.
16.3 Deferred Compensation. The City shall contribute $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 Reemployment of Retired Employees.
A. The City may at its discretion rehire retired Association members for up to 1039 hours each
year following their retiremenfdate.
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, 10.1A and 16.
ARTICLE XVII - WORKER'S COMPENSATION
All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for
injuries received while at work for the City.
ARTICLE XVIII - LIABILITY INSURANCE AND INDEMNIFICATION
18.1 The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. 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
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charged by, an attorney to represent the employee as a direct result of criminal charges or a criminal
investigation arising out of the employee's performance of his/her duties as an employee. The
reimbursement shall not be made if:
A. The employee undergoes diversion, is convicted by verdict or plea, or pleads no contest to
criminal charges arising from the incident; or
B. The Department gives grievable discipline to the employee based upon the employee's
actions that form the basis for the possible or actual criminal liability and the Department
sustains the discipline through the grievance arbitration process or the employee does not
appeal the discipline.
18.3 Any reimbursement from the City shall be made only at the conclusion of all criminal and
disciplinary proceedings against the Association member arising out of the incident and are subject
to the following maximum requirements:
A. Legal fees relating to a grand jury and/or appearance: $2,500.00
B. Legal fees relating to post-grand jury indictment or other charging instrument: $5,000.00.
Before becoming obligated under this Article, the City shall be presented with a swom 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 Savings Clause. Should any provision of this Agreement be subsequently declared by the proper
legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes
or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of
the Agreement. Upon such declaration, the parties agree to immediately meet and confer on a substitute, if
possible, for the invalidated portion thereof.
19.2 Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the
Agreement must be approved annually by established budgetary procedures and in certain circumstances by
vote of the citizens of the City. The City shall not reduce the wages and benefits specified in the Agreement
because of budgetary limitations, but cannot and does not guarantee any level of employment in the
bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts
sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage
of such budget requests or voter approval thereof.
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ARTICLE XX - TERMINATION AND REOPENING
This Agreement concludes all collective bargaining between the parties during the term of this Agreement
effective July 1, 2012, and shall remain in full force and effect until June 30, 2015.
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, O EGON
By: By
Date: t t °r 12 Date: i I S I i 7
By:
Date:
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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 of time
b
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Appendix B - Wage Schedule (Attached Separately)
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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 1 1/2 straight time rate) during his/her work
week unless he is required by the Police Chief to actually work more than 10 consecutive hours in a work
day, or more than forty (40) hours within that particular work week. Each detective's work week shall
consist of some five consecutive individual detective's work days.
Each of the five (5) work days scheduled for any individual detective shall have the same tentatively
designated starting time and the same tentatively designated quitting time allowing for eight (8) hours work
to be accomplished, including one-half (1/2) hour for a meal period.
Standby pay for detectives will be five (5) hours straight pay or five (5) hours compensatory time off (at the
option of the employee) for each week on-call. The period compensated for is from 1700 hours Thursday
to 0700 the following Thursday. Standby pay is intended to ensure that detectives respond in a reasonable
amount of time when called in to work, and that he/she arrives in an alcohol-free, acceptable condition to
perform the job duties.
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.
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The Detective Sergeant will rotate the shifts in an agreeable manner. The schedule shall be set by the end
of the calendar year, and will begin in January of the new year. Shift trades within the detective division
will be approved by the Detective Sergeant.
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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