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HomeMy WebLinkAboutCouncil Resolution 1132RESOLUTION NO. ~ ~ A RESOLUTION APPROVING A NEW COLLECTIVE BARGAINING AGREEMENT FOR POLICE EMPLOYEES WHEREAS, The City of Central Point recognizes the necessity of establishing fair and reasonable working conditions, compensation and benefits for City employees; and WHEREAS, The Teamsters Local Union No. 223 is the sole and exclusive bargaining agent for employees of the City of Central Point Police Department; and WHEREAS, City staff and the Teamsters have negotiated a new collective bargaining agreement for the period July 1, 2007 through June 30, 2010 ; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Central Point, Oregon, does hereby approve the revised collective bargaining contract for the employees of the Police Department as represented by the Teamster's Local Union No. 223, as set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. n~ Passed by the Council and signed by me in authentication of its passage this ~_ day of , 2007. Mayor Hank Williams Approved by me this ~ day of C~ , 2007. ~~ Mayor Hank Williams Tentatively Agreed to 3/5/07 -Not Yet Ratified CITY OF CENTRAL POINT (POLICE) AND TEAMSTERS LOCAL UNION NO. 223 COLLECTIVE BARGAINING AGREEMENT JULY 1, 2007 -JUNE 30, 2010 City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 1 Tentatively Agreed to 3/5/07 -Not Yet Ratified AGREEMENT BETWEEN CITY OF CENTRAL POINT, OREGON AND TEAMSTERS LOCAL UNION NO. 223 PREAMBLE This Agreement Between the City of Central Point, Oregon, hereinafter called the "City'; and Teamsters Local Union No. 223, International Brotherhood of Teamsters, Portland, Oregon, hereinafter called the "Union", is made and entered into for the purpose of fixing the wage scale, schedule of hours and conditions of employment affecting members of the bargaining unit. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters relating to employment relations. ARTICLE I -RECOGNITION 1.1 Recognition. The City recognizes the Union as the sole and exclusive bargaining agent for all employees in the bargaining unit for the purpose of establishing hours, wages and conditions of employment which constitute "employment relations" as defined by Oregon Law. For the purpose of this Agreement, an "employee" shall be any employee in the bargaining unit established by the Oregon Employment Relations Board and as defined in 1.2 below. 1.2 Bargaining Unit Classifications. The bargaining unit currently covers the classifications of Police Sergeant, Police Corporal, Police Detective, Police School Resource Officer (SRO), Police Officer, Community Services Officer, Information Technology Coordinator, and Police Support Specialist. 1.3 New Classifications. If a new classification is added to the bargaining unit, the Union shall be provided with the written job description thereof and the City's proposed rate of pay. That rate shall become permanent unless the Union files a written notice of its desire to negotiate the permanent rate within ten (10) calendar days from the date it receives its notification of the classification. If a request for negotiations is filed by the Union, the parties shall begin negotiations within fifteen (15) calendar days. ARTICLE II - MANAGEMENT RIGHTS 2.1 Management Rights. The City retains all the customary, usual and exclusive rights, decision- making prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the affairs of the City or any part of it. The rights of employees in the bargaining unit and the Union are limited to those specifically set forth in the Agreement; and the City retains all prerogatives, functions and rights not specifically limited by the terms of this Agreement. The City shall have no obligation to bargain with the Union with respect to any such subject or the exercise of its discretion and decision-making with regard thereto any subjects covered by the Terms of this Agreement and closed to further bargaining for the terms hereof, and any subject matter which was or might have been raised in the course of collective bargaining. The exercise of any management prerogative, function or right which is not specifically modified by this Agreement is not subject to the grievance procedure or to bargaining during the term of this Agreement. Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the City shall include the following: a. To direct and supervise all operations, functions and policies of the Department and the operations, functions and policies of the remainder of the City as they may affect employees in the bargaining unit. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 2 Tentatively Agreed to 3/5/07 -Not Yet Ratified To close or liquidate an office, branch, department, operation or facilities, or combine facilities, or to relocate, reorganize, or combine the work of divisions, offices, branches, departments, operations, or facilities for budgetary or other reasons. c. To determine the need for and method of a reduction or an increase in the work force and the implementation of any decision with regard thereto. d. To establish, revise and implement standards for hiring, classification, promotion, quality of work, safety, materials, equipment, uniforms, appearance, methods and procedures. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, existing or future, oral or written. e. To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. To assign and distribute work. g. To assign shifts, workdays, hours of work, overtime and work locations. To designate and to assign all work duties. To introduce new and revise existing duties within the unit. j. To determine the need for and the qualifications of new employees, transfers and promotions. To determine the need for additional educational courses, training programs, on-the- job training, and cross-training and to assign employees to such duties for periods to be determined by the City. ARTICLE III -MAINTENANCE OF STANDARDS 3.1 Maintenance of Standards. All rights, privileges and working conditions enjoyed by members at the time of this Agreement, have been codified and included in this Agreement. Any such privileges or working conditions not codified in this Agreement but which constitute employment relations as defined in ORS 243.650 (7), shall remain unchanged and unaffected during the term of this Agreement except that such conditions and/or privileges may be changed with advance notice to the Union. ARTICLE IV -UNION SECURITY 4.1 Checkoff. Any employee who is a member of the Union or who has applied for membership, shall sign and deliver to the Union, who shall forward to the City, an original assignment authorizing deductions of dues for membership in the Union. 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 and initiation fees from the first pay check of said employee each month. The amounts deducted shall be transmitted within ten (10) days to the Union. 4.2 Fair Share. Employees who are not members of the Union shall make payments in lieu of dues to the Union. Such payments shall be in the same amounts as provided for regular Union dues. This section shall be referred to as the "Fair Share" Agreement and the City shall deduct from the first pay check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Union within ten (10) days after the deduction is made. 4.3 Religious Objection. An employee who is a member of a church or a religious body having bona fide religious tenets or teachings which prohibit association with a labor organization or the City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 3 Tentatively Agreed to 3/5/07 -Not Yet Ratified payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Union dues, to anon-religious charity or other charitable organization mutually agreed upon by the affected employee and the Union. The City shall deduct from the first pay check of the employee, each month, the payments to such charitable organization and remit the same to the charitable organization within ten (10) days after the deduction is made. Upon request, the City shall supply proof to the Union, each month, that this has been done. 4.4 Hold Harmless. The Union agrees to indemnify and hold harmless the City and its agents for any loss or damage arising from the deductions in 4.1, 4.2 and 4.3. No claims shall be filed by employees or the Union for such deductions made or not made. 4.5 New Hires. The City agrees to provide the Union written notification of new bargaining unit members within one (1) calendar month of their date of employment. Such written notice shall be sent to the official Union address that has been provided to the City Human Resources Manager. Such written notice shall contain the employee's name, job title, date of hire, and the mailing address provided by the employee. 4.6 Bulletin Board. The City agrees to allow suitable wall space at a mutually agreed upon place in the Police Department, not to exceed 2'X 3', for a bulletin board, to be used by the Union for the posting of notices and bulletins relating to the Union. The Union shall limit its posting of Union notices. Such notices shall bear the signature of the authorizing Union official. The bulletin board shall be used only for the following Union notices and bulletins: a. Recreation and social affairs of the Union b. Union meetings c. Union elections d. Reports e. Rulings or policies of the Union f. Non-derogatory communications from the Union to the bargaining unit Any notices posted outside these guidelines may be ordered removed by the City 4.7 Right of Access. Upon request, a Union representative may be granted access to non-working areas to meet with off-duty members of the bargaining unit. 4.8 City Facilities. The Union will be accorded the use of City facilities for bargaining unit meetings in accordance with City policy for other special interest groups. ARTICLE V -UNION BUSINESS 5.1 Union Business. If the City requests a grievant's representative to meet on a pending grievance while the grievant's representative is on duty, the grievant's representative shall not suffer a reduction in regular compensation ,nor be entitled to overtime for any time spent in such meeting or to compensate for time spent in such meeting. In addition, the City agrees to allow a Union steward time off without pay for the purpose of handling, investigating and processing grievances. A maximum of two hours per month will be allowed. The City's approval will be obtained before taking time off, but that approval will not be unreasonably withheld. 5.2 Union Representatives. The Union shall at all times keep the City informed, in writing, of the names of its current local officers, stewards, and negotiators. Such written notice shall be provided to the City and updated as necessary. 5.3 Collective Bargaining. Collective bargaining between the City and the Union shall be scheduled at mutua-ly agreed upon times generally during normal business hours (M-F 8-5), provided that such times do not unnecessarily interfere with professional duties. Upon advance request, the City will grant time off without loss of pay for not more than three (3) employees to engage in collective bargaining. It is agreed that time spent by Union members in actual bargaining City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 4 Tentatively Agreed to 3/5/07 -Not Yet Ratified shall not result in a loss of pay, nor shall Union bargaining team members receive any additional compensation directly from the City if the bargaining meetings are conducted outside of the Union member's regularly scheduled work hours. ARTICLE VI -NON-DISCRIMINATION 6.1 Gender. All references to employees in this Agreement designate both sexes, and, while every attempt has been made to include generic pronouns or both genders, whenever either the male or female gender is used, it shall be construed to include both male and female employees. 6.2 Application of Agreement. The provisions of the Agreement shall be applied to all employees in the bargaining unit without discrimination as to marital status, sex, race, color, creed, national origin, age, religion, union affiliation or political affiliation. ARTICLE VII -PERSONNEL FILE 7.1 Maintenance of Personnel Files: The City agrees to separately maintain personnel and confidential/medical files and records in accordance with state and federal laws. The City agrees to maintain confidential medical information in accordance with the Americans With Disabilities Act (ADA) and Health Insurance Portability and Accountability Act (HIPAA) and agrees to maintain any other confidential information as required by any other statute requiring maintenance of confidential information. 7.2 Disclosure of Information: Excluding internal personnel administration, material in an employee's personnel file shall only be disclosed as allowed or required by state and federal law or as authorized by the employee. 7.3 Viewing of Files. Each employee shall have the right, upon request, to review and obtain, at his/her own expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of employment with the City. 7.4 Representation: A representative chosen by the employee may, upon the employee's written authorization, review an employee's personnel file and/or accompany the employee in this review. 7.5 Emplovee's Insertions into File. The employee shall have the right to include in their personnel file any material or information considered relevant to that employee's employment with the City. An employee may periodically request that certain documents be deleted from their file. The Chief shall investigate and respond to such requests. Written reprimands shall be removed from the employee's personnel file after two (2) years provided that no other disciplinary action displaying an ongoing pattern of behavior has been imposed during that period. ARTICLE VIII -PROBATION 8.1 Probationary Period. Every new sworn employee hired into the bargaining unit shall serve a probationary period that starts the date of hire and extends for 12 months beyond successful completion of the Department's field training program. Non-sworn employees shall serve a probationary period of twelve (12) months. The Union recognizes the right of the City to terminate probationary employees for any reason. 8.2 Promotional Probationary Period. Employees promoted to a higher classification shall serve a promotional probationary period of twelve (12) months. The Union 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 shall not be subject to the grievance procedure and such demotion shall not be considered a disciplinary action. An employee demoted during a promotional probationary period shall be placed on the pay scale at the classification and step the employee was at prior to the promotion, except that any length of service increases the employee would have received had they not been promoted shall be granted to the employee on return to their previous position. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 5 Tentatively Agreed to 3/5/07 -Not Yet Ratified ARTICLE IX -SENIORITY 9.1 Definition. Only regular, non-probationary employees shall have seniority. Seniority shall be attained after completion of the probationary period of eighteen (18) months for police officers and twelve (12) months for non-sworn employees, and shall thereafter be established as follows: the employee's length of continuous service in the employee's job classification shall be referred to as "job c-assification seniority" and continuous service from the last date of hire within the bargaining unit shall be referred to as "bargaining unit seniority." All seniority shall be terminated if the employee: 1. Quits 2. Is discharged 3. Is laid off and fails to respond to written notice as provided in Article 10, Section 2 4. Is laid off for a period of time greater than twenty-four (24) months, or a period of time equal to his/her bargaining unit seniority, whichever is shorter 5. Fails to report to work at the termination of an extended leave of absence 6. While on leave of absence accepts employment without permission 7. Is retired 9.2 Seniority List. The City will provide to the Union updated seniority lists each July. One list shall be "bargaining unit seniority" and include all bargaining unit members by date of hire and one list shall be "job classification seniority" and include all bargaining unit members by position by date of hire into their current position. 9.3 Application. Seniority shall apply in layoff and recall, shift bidding, and vacation or other time off requests. 9.3.1 Layoff and Recall. If employees in the same classification are being considered for layoff or recall, job classification seniority shall govern. Employees in higher classifications may bump down into a lower job classification within the same bargaining unit based upon their total bargaining unit seniority. Employees who have received notice of layoff shall have the right to bump to a lower or lateral classification in the same bargaining unit, provided that the bumping employee possesses the necessary qualifications, knowledge, skill and ability to perform the work within the classification. An employee exercising the right to bump shall displace the employee in the classification with the least amount of bargaining unit seniority. Employees who bump into a lower classification shall suffer no loss of pay until the beginning of the next pay period, at which time their pay rate shall be adjusted to the step in the new classification range closest to, but not less than, their former pay rate. Employees returning to the bargaining unit following recall from layoff shall have vacation selection determined on the basis of total bargaining unit seniority for the first calendar year following their return. Thereafter, vacation selection shall be determined on the basis of job classification seniority. 9.3.2 Shift Rotations. Shift selection shall be by job classification seniority with each Police Officer, Police Corporal and Police Sergeant having to bid/work at least two different shifts per year. Probationary Police Officers may be assigned shifts, starting times and days off at the discretion of the City. To the extent possible, shift bidding will occur in the month of November for the following calendar years' rotations. Additionally, to the extent possible, employees shall be given at least seven (7) calendar days advance notice of any change in their work schedule when the change is required by the City. 9.3.3 Vacation and Time Off Bidding. Employees with the most job classification seniority shall have first choice in vacation or other time off requests. In the event that two employees have the same job classification seniority, the employee with the most bargaining unit seniority shall have City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 6 Tentatively Agreed to 3/5/07 -Not Yet Ratified first choice. Seniority shall only be used to determine the order for requesting vacation or other time off and shall not supersede department rules regarding vacation or time off. See Article 17.3 Vacation Selection. All vacation and time off requests must be approved in advance. ARTICLE X -LAYOFF AND RECALL 10.1 Eligibility for Layoff Status. Only regular employees who have completed their probationary period shall be eligible for layoff status. Probationary employees shall not be eligible for Layoff and Recall. Layoff status shall last a maximum of twenty-four (24) months from the date of layoff. 10.2 Recall from Layoff. Notice to an employee of recall shall be made by certified mail sent to the last mailing address provided to the City by the employee. The employee shall have thirty (30) calendar days to return to work from the date of receipt of mail notifying the employee of recall from layoff status, or the employee will forfeit all seniority and his/her layoff status. ARTICLE XI -HOURS OF WORK AND OVERTIME 11.1 Work Week and Work Cycle. The basic work cycle shall be determined based on the assignment. 11.1.1 Detectives. The basic workweek shall be from 12:01 A.M. Sunday through midnight Saturday and shall consist of forty (40) hours during the seven (7) day period. The regular work cycle shall consist of ten (10) consecutive hours for four (4) consecutive days. 11.1.2 School Resource Officer Police Support Specialists Community Services Officer, and Information Technology Coordinator. The basic workweek shall be from 12:01 A.M. Sunday through midnight Saturday and shall consist of forty (40) hours during the seven (7) day period. The regular work cycle shall consist of eight (8) hours per day for five consecutive days or ten (10) hours per day for four (4) consecutive days, as scheduled by the City. 11.1.3 Patrol Officers, Corporals and Sergeants. The basic workweek and work cycle shall be one hundred twenty (120) hours during atwenty-one (21) day period. The regular work cycle shall consist of ten (10) twelve (12) hour shifts consisting of three (3) consecutive days the first week, three (3) consecutive days the second week, and four (4) consecutive days the third week. The twenty-one (21) day work cycle shall be comprised of ten (10) days worked and eleven (11) days off. An alternative shift configuration may be implemented upon mutual agreement of the Union and the City. For the purposes of implementation of the twelve (12) hour workday and twenty- one (21) day work cycle, the parties adopt a "7k" exemption. 11.2 Workday. The workday shall consist of an eight (8), ten (10), or twelve (12) hour day within a twenty-four (24) hour period including rest periods, briefing, meetings, and training periods but excluding the meal period for non-sworn employees. The twenty-four (24) hour period will begin at the start of the employee's workday and end twenty-four (24) hours later. Employees shall not be scheduled to work with less than eight (8) hours between shifts unless an emergency exists. 11.2.1 Court Scheduled between Night Shifts. In the event a sworn officer who is scheduled to work two consecutive twelve (12) hour night shifts actually worked the first night shift and is then subpoenaed into court for work-related reasons between the end of the first night shift and the start of the second twelve (12) hour night shift, the following shall occur: a. If the total hours actually spent in court are less than six (6), the time actually spent in court will be computed as overtime per section 9.3. b. If the total hours actually spent in court are six (6) or more, the employee will be given the twelve (12) hour shift following the court appearance off. The employee will not receive additional pay for the hours worked between the night shifts, but will be paid as if s/he worked their regularly scheduled night shift City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 7 Tentatively Agreed to 3/5/07 -Not Yet Ratified 11.3 Overtime. Overtime shall be paid to non-sworn bargaining unit members for all hours worked in excess of forty (40) hours during the basic work week or in excess of a regular scheduled workday as defined in 11.1 and 11.2. Sworn employees shall receive overtime compensation when required to work in excess of the normal workday of eight (8), ten (10), or twelve (12) hours during regularly scheduled shift rotations as defined in 11.1 and 11.2 or more than one hundred twenty (120) hours in any twenty- one (21) day work cycle for those scheduled to work twelve (12) hour days or forty (40) hours in a work week for those scheduled to work ten (10) hour days. Overtime shall be paid at a rate of one and one half times the employee's pay rate in accordance with applicable state and federal laws. 11.4 Compensatory Time. An employee may elect to receive compensatory time (comp-time) in lieu of overtime pay as the form of compensation for any overtime worked. Comp-time shall accrue at a rate of one and one half times the overtime hours actually worked. Accrual balances shall reflect the number of hours available to the employee. Compensatory time may be accumulated to a maximum of eighty (80) hours. All overtime earned beyond the eighty (80) hour limit shall be paid at the employee's straight time hourly rate. At the end of the fiscal year, comp-time balances may be paid off, at the City's option, at the employee's straight-time hourly rate. Comp-time shall be taken off at times mutually agreed upon, subject to the operating needs of the department. 11.5 Call Back. Employees called back to work, or for scheduled Court time, shall receive overtime pay for the time for which they are called back. If called back, the employee shall be credited with not less than two (2) hours on a scheduled work day and four (4) hours on a scheduled day off. Call back time resulting in overtime as defined in Article 11.3 shall be compensated at time and one-half and may be compensated as overtime pay or comp-time in lieu of overtime pay. The minimum hours of compensation specified in this section applies only when call back results in hours worked which are not annexed consecutively to one end or the other of the regularly scheduled work shift. This section does not apply to scheduled overtime, or time annexed at the beginning or end of the work shift. If at the end of the shift an employee has departed the City's premises for less than one (1) hour before being called back, the time shall be considered hold over time, and shall be compensated as overtime in accordance with Article 11.3 and 11.4, but not considered call back time. 11.6 Rest Periods. A paid rest period of 15 minutes shall be permitted for non-sworn personnel during each half shift (four-hour segment) which shall be scheduled by the City in accordance with the operating requirements of each employee's duties. Sworn officers working a ten (10) or twelve (12) hour work schedule shall be permitted a paid rest period of 15 minutes during each four-hour segment of their work shift, to the extent consistent with public safety considerations and the operational requirements of the City . 11.7 Meal Periods. All non-sworn employees shall be granted an unpaid meal period of at least thirty (30) minutes during each work shift of more than six (6) consecutive hours. To the extent consistent with the operational requirements of the City, each meal period shall be scheduled in the middle of the employee's work shift, or as near thereto as possible. Sworn officers working a ten (10) hour work schedule shall be permitted a paid thirty (30) minute meal period during each scheduled work shift. Sworn officers working a twelve (12) hour work schedule shall be permitted two (2) paid, thirty (30) minute meal periods during each scheduled work shift. Sworn employees shall be required to be available to respond to emergency calls for service during their paid meal breaks; however, to the extent possible, every attempt shall be made to allow an uninterrupted meal break. 11.8 Voluntary Attendance at Meetings and Training. When an employee is given the option of attending work-related meetings or training, the employee shall be allowed to attend such voluntary meeting or training during non-scheduled work time and the employee's workshift shall be adjusted on an hour-for-hour trade time basis in lieu of pay for such voluntary attendance. The workshift City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 8 Tentatively Agreed to 3/5/07 -Not Yet Ratified adjustment (trade time off) shall be scheduled at a time mutually agreeable to the employee and the supervisor. The City shall not incur any overtime or comp time expense for employee attendance at voluntary meetings or training. Required meetings and training shall be paid in accordance with Article 11, Section 3 and 4. 11.9 Detective On-Call. Sworn officers assigned as detectives may be required to be on call. An on call list shall be established to schedule these officers for on call status. The on call rotation schedule shall be designed such that each detective shall be designated as the on call detective for one-half (1/2) month. The on call detective shall be required to carry a pager during non-work hours for the duration of on call status for the purpose of being called to work during such non work times. The on call detective shall be required to remain within a 30-minute response time to the Central Point Police Department and shall remain intoxicant-free for the duration of the on call period. Detectives assigned on call status shall be allowed to trade on call assignments with prior approval of the Operations Commander. It is the responsibility of the detectives to ensure that the necessary personnel are made aware of any changes to the on call schedule. In the event the scheduled on call detective is unable to respond to call outs for any reason, the detective shall be required to notify the Operations Commander in order to be relieved of on call duty. In the event that no detective is available to be on call, the City may, in its sole discretion, direct a member of the police command staff to be on call. An employee required to respond to an after hours callout while on call shall be compensated in accordance with Article 11.5, Call Back. In addition to any compensation for actual hours worked in response to calls while on call, an employee shall receive ten (10) hours of straight time pay or ten (10) hours of time off, at the employee's option for each one-half (1/2) month rotation of on call status. It shalt be the responsibility of the on call detectives to trade or adjust shifts as necessary. No adjustment to compensation shall be made for such adjustments. ARTICLE XII -COMPENSATION 12.1 Salary Schedule. Appendix A, attached hereto, and by this reference incorporated into and made part of this Agreement, shall become effective salary schedules as indicated thereon through June 30, 2010. 12.2 Pav Periods. Employees shall be paid on the 5th and 20th day of the month. Pay day shall be the last working day prior to the 5th and the 20th, when those days fall on a weekend or holiday. 12.3 Steps. The letters A, B, C, D, E denote the steps in the pay range. The entrance step shall be A, except by special approval of the City Administrator. Advancement to Step B shall be made upon successful completion of twelve (12) months of the probationary period. Thereafter, advancement to a higher step shall be made following the completion of one year of service in the lower step of the range and on the basis of a written recommendation or authorization of the Chief. 12.4 Changes in Position and/or Grade. When an employee changes classification resulting in a move to a higher or lower grade, changes in pay shall be as follows: 12.4.1 Change to a Higher Grade: When an employee moves to a job classification in a higher grade, the employee shall be placed in the new grade at the step closest to, but not less than the employee's previous step. If this results in a move that is less than 5% more than the employee's previous step, the employee shall be moved one additional step. Example: Employee X moves from Grade 145a Step B to Grade 150. Employee X would be placed at Grade 150 Step B because although Grade 150 Step A is more than Grade 145a Step B, it is less than 5% more. 12.4.2 Change to a Lower Grade: When an employee moves to a job classification in a lower grade, the employee shall be placed in the new grade at the step closest to, but not less than, the employee's previous step's amount. Example: Employee X moves from Grade 150 Step A City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 9 Tentatively Agreed to 3/5/07 -Not Yet Ratified to Grade 145. Employee X would be placed at Grade 145 Step C. 12.5 PERS Contribution. The City will continue to participate in the Oregon Public Employees Retirement System (PERS) or its successor as determined by the State of Oregon for the life of this Agreement. The employee's six percent (6%) contribution shall be paid by the City. If the employee's contribution increases during the life of this Agreement, the parties agree to reopen this Section of the Agreement and bargain the change. 12.6 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions, in the deferred compensation program offered through the City. ARTICLE XIII -INCENTIVE PAY 13.1 DPSST Certification. Sworn bargaining unit employees shall be eligible for incentive pay for DPSST certification. DPSST Certification incentive pay shall be paid as a dollar amount added to the base pay with $145 per month additional pay for a DPSST Intermediate Certificate. This incentive shall be increased to a total of $290 per month additional pay for a DPSST Advanced Certificate. Certification incentive pay shall be paid atone level or the other, not a combination of both. 13.2 Educational Incentive. Bargaining unit employees shall receive additional compensation added to the base pay for college credits earned from a regionally accredited institution, as specified in the table below. An official transcript verifying credits must be provided before educational incentive pay will be granted. July 1, 2007 0 to 44 credits 45 to 89 credits 90 to 135 credits Associate's Degree 136 to 179 credits 180 and above no additional pay $44 per month $83 per month $150 per month $145 per month $193 per month Bachelor's Degree $300 per month Master's Degree $450 per month July 1, 2009 Associate's Degree $150 per month Bachelor's Degree $300 per month Master's Degree $450 per month Effective July 1, 2009, incentive pay for education shall be limited to possession of the degree. Employees who have college credits but no degree will lose education incentive pay until such time as they attain the degree. 13.3 Bilingual/Sign Language Pav. Employees who are determined to be fluent in speaking Spanish or competent in sign language, as certified by an instructor approved by the City, shall receive an additional $150 per month added to the base pay. Employees qualifying for bilingual/sign language pay must provide certification to Human Resources annually, in writing, in order to continue receiving the incentive. Failure to provide written certification prior to the expiration of one year from the date of initial certification shall result in forfeiture of the incentive until such certification is provided. If certification is provided following a lapse in time, the incentive shall resume on the next paycheck after receipt of certification, provided such certification is received prior to the last working day of the pay period prior to the next pay date. 13.4 Calculation of Incentive Pav. All incentive pay shall be added to the employee's base pay. Incentive pay shall be added to the base prior to assignment pay being calculated. For example, if an employee receives incentive pay for Intermediate certification and assignment pay for dog handler, the City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 10 Tentatively Agreed to 3/5/07 -Not Yet Ratified employee's base pay would be increased by the appropriate amount for incentive pay and then multiplied by the appropriate assignment pay multiplier. ARTICLE XIV -SPECIAL ASSIGNMENTS and COLLATERAL DUTIES 14.1 Special Assignments. Special assignments are formed as required to meet the evolving operational objectives of the department, and to advance professional growth through a diversity of assignments. The participation of department personnel in special assignments shall be based on demonstrated ability and suitability as measured by past and ongoing performance evaluations and needs of the department, with the fundamental objective being to select and retain the most capable personnel for these positions. Special assignments are not tenured and all discretionary management rights as defined in this Agreement shall apply. Special assignments may include, but are not limited to nor required to be established: Detective, School Resource Officer (SRO), Bike Team officer, DARE officer, Range Master, Survival Skills Instructor, Volunteer Advisor, Explorer Advisor, Field Training Officer, and K-9 Handler, High Tech Crimes Task Force and Technical Services Bureau. Additional compensation for Detective and SRO assignments is addressed in the salary scale in Appendix A of this Agreement. Additional compensation shall be granted for other special assignments as set forth in, and limited to those specified in, this Article. 14.2 Field Traininc~Officer. In the event a Police Officer, Detective or School Resource Officer is assigned as a Field Training Officer for a continuous period of at least forty (40) work hours, the employee shall receive an additional five percent (5%) on their base pay rate during the assignment as a Field Training Officer. In the event another employee is assigned to substitute for an FTO for at least forty (40) hours, the other employee shall receive a proportional amount of the five percent (5%) differential. In no event shall FTO pay exceed the total amount of paid work days per month, nor shall an employee receive FTO pay during any period in which no trainee is assigned to that officer. It is understood that the Field Training Officer responsibility is incorporated within the job duties of the Corporal and/or Sergeant positions and, therefore, this Section does not apply to Corporals or Sergeants. 14.3 Dog Handler Assignment. Employees shall receive an additional five percent (5%) on their base pay during the assignment as dog handler. Such compensation shall be effective on the first day of the first full pay period in which the employee serves in the assignment. Such compensation shall only be paid to employees trained and designated as a Dog Handler. Assignment pay shall not be paid during any period in which there is no dog assigned to the handler. Dog handler assignment pay shall be considered full compensation for the additional duties of caring for the police canine. Necessary veterinary care, dog food, and special police-related equipment shall be paid for by the City. The dog handler shall be responsible for all other care unless mutually agreed to. An employee receiving dog handler assignment pay shall be eligible for call back and overtime compensation in accordance with Article 11, Hours of Work and Overtime. 14.4 Certified Forensic Computer Examiner. Police employees who possess the International Association of Computer Investigative Specialists (IACIS) Certified Forensic Computer Examiner's certification may be assigned as a Certified Forensic Computer Examiner (CFCE). During any such time as a qualified employee is actually serving in the capacity of a CFCE within the High Tech Crimes Unit (HTCU), the employee shall receive an additional five percent (5%) added to the base pay for such time. Revocation of this certification, failure of the recertification test, and/or reassignment outside of the HTCU will result in loss of this assignment pay. 14.5 High Tech Crimes Task Force Supervisor. An employee shall receive an additional ten percent (10%) on their base pay during the assignment as HTCTF Supervisor. In order to be eligible for the assignment of HTCTF, an employee must hold the position of Police Sergeant, possess current IACIS CFCE certification, and have. a minimum of two years of computer forensic examination/investigative experience. An employee serving as the HTCTF Supervisor shall not be City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 11 Tentatively Agreed to 3/5/07 -Not Yet Ratified eligible for CFCE assignment pay in addition to HTCTF Supervisor assignment pay. 14.6 Technical Services Bureau Manager. An employee shall receive an additional fifteen percent (15%) on their base pay during the time served in the assignment as Technical Services Bureau (TSB) Manager. In order to be eligible for the assignment of TSB Manager, the employee must meet all of the requirements of the assignment as specified in the approved job description. An employee serving as the TSB Manager shall not be eligible for CFCE or HTCTF Supervisor assignment pay in addition to TSB Manager assignment pay. 14.7 Acting in Capacity. When a bargaining unit employee serves in a capacity of another employee on a short-term basis, the employee shall be deemed as "Acting in Capacity" and paid as follows: 14.7.1 Officer in Charge. For every hour or portion thereof, but not less than quarter-hour segments, when a police officer serves in the capacity of Officer in Charge in the absence of the duty Sergeant or Corporal and with the express authorization of the Chief of Police, Lieutenant, or authorized designee thereof, the officer shall receive five percent (5%) additional compensation for such time as s/he actually serves as the Officer in Charge. The pay rate shall be calculated as follows: the (acting) officer's hourly base pay according to the current pay scale multiplied by any incentive pay plus assignment pay multipliers, multiplied by five percent (5%). This section does not apply to Corporals or Sergeants. 14.7.2 Interim Status. When a bargaining unit employee fully takes on the duties of another employee in place of their own job duties for a period of time in excess of four (4) consecutive weeks, that employee shall be compensated at the pay grade of the interim position, placed at the lowest step in that grade that is not less than five percent (5%) more than the employee's current grade and step. 14.7.3 All other Assignments When a bargaining unit employee serves in the capacity of another employee in any assignment other than Officer in Charge for more than one (1) work week but less than four (4) weeks, and with the express authorization of the Chief of Police, Lieutenant, or authorized designee thereof, and the employee is performing a substantial amount of work associated with the other assignment, the employee shall receive additional compensation at a pay rate calculated as follows: the (acting) employee's hourly base pay according to the current pay scale, multiplied by five percent (5%), multiplied by any incentive or assignment pay. The additional pay shall only be granted when the employee has served in the capacity of the other employee for more than one week and shall not be paid for the first week. For example: if Employee A fills in for Employee B for two (2) weeks, Employee B would receive additional compensation for only the second week. 14.8 Calculation of Assignment Pav. All Assignment Pay shall be added to the employee's base pay after any incentive pay is added. Assignment pay shall normally not compound or pyramid except that an employee assigned as a Dog Handler may receive other assignment pay if the assignment occurs concurrently with the assignment as Dog Handler. Assignment pay for technology assignments of Certified Forensic Computer Examiner, High Tech Crimes Task Force Supervisor, and Technical Services Bureau Manager assignment pay shall not compound or pyramid. ARTICLE XV -UNIFORMS 15.1 Uniforms. Uniforms, including approved footwear (as needed) and other protective clothing or safety wear, including duty belts and associated equipment, and weapons required for a police officer by law or by the City or required for other bargaining unit members by law or by the City, shall be provided by the City. Employees thus provided shall wear such uniforms, protective clothing, equipment, and safety wear in the manner required by law or by the City. No employee shall wear or use any such uniform, footwear, protective clothing or safety wear provided by the City save and except on the job. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 12 Tentatively Agreed to 3/5/07 -Not Yet Ratified 15.2 Uniform Cleanin4. Uniform cleaning will be provided by the City in a manner such that employees shall have sufficiently clean uniform clothing to wear. It is the responsibility of the employee to submit uniforms for cleaning as necessary, and to maintain footwear, duty belts and associated equipment, and weapons in a safe and professional manner in accordance with department standards. Employees are expected to display a clean, neat, and professional appearance. This Section applies only to City-issued uniforms or approved clothing for plain clothes officers referenced in 15.3. 15.3 Clothing Allowance. Sworn bargaining unit employees assigned to plain clothes duty shall receive reimbursement for up to $750 upon initial assignment to plain clothes duty. For each subsequent year of plain clothes duty assignment, the employee shall receive up to $600 per year for a clothing allowance. An employee must be assigned to plain clothes duty for a minimum of three months to qualify for the allowance. For assignments scheduled to last more than three consecutive months, the clothing allowance shall be paid upon presentation of receipts for approved clothing. In the event the plain clothes assignment is expected to last more than three months but less than one full year, the amount of the clothing allowance shall be prorated. Clothing must be appropriate for the assignment and meet Department standards. The uniform cleaning provision in 15.2 shall apply to applicable duty-related clothing of employees covered by this section of the Agreement but shall not include items that can be cleaned using a household washer and dryer. ARTICLE XVI - EXPENSE REIMBURSEMENT 16.1 Educational Reimbursement. The City will reimburse an employee for 50% of tuition paid by the employee for college courses directly related to the employee's work provided that: a. Funds for such expenditures are considered by the Chief to be available in the current budget; b. The employee has made written application for approval of the course and tuition reimbursement to the department head at least ten (10) days prior to the registration for such course and the request is approved, in advance, by the Chief; c. The employee does not receive reimbursement for tuition from any other source; d. the course is through a regionally accredited institution of higher education; e. the coursework and course attendance are conducted outside the employee's regular working hours; The employee submits evidence of satisfactory completion of the course with a C or better passing grade. 16.2 Travel Expenses. When an employee is required or otherwise authorized to travel outside the County on City business, reimbursement for expenses incurred shall be determined as follows. a. Prior to traveling outside the City, the employee shall obtain approval for the trip and the mode of travel from the department head. Travel on official business outside the City by a single individual shall normally be via public carrier or City-owned vehicle. If the employee is authorized to use a private vehicle, mileage shall be paid at the current IRS rate. This rate includes all travel, insurance and storage expenses of the vehicle. 16.2.1 Meals. Reimbursement for subsistence on official trips shall be in accordance with the schedule below. The following rates will be considered the maximum per meal cost to be reimbursed for travel expenses except that travel that spans multiple days and involves an City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 13 Tentatively Agreed to 3/5/07 -Not Yet Ratified overnight stay(s) shall be reimbursed on a per day basis as specified below. On an exceptional basis and when approved in advance by the Department Head, the amount of actual and reasonable expenses incurred during the performance of official duty as a City employee for the City's benefit shall be allowed. Breakfast $10.00 Lunch $13.00 Dinner $21.00 Total Per Diem for meals per day will be $ $44.00. When an employee's approved travel involves more than one meal due to the actual length of the trip, they can spend the authorized amounts at their discretion as long as the total reimbursement equals the total allowed for the meals. 16.2.2 Lodging. Employees traveling in accordance with this Section shall be reimbursed for reasonable actual costs for lodging. Receipts for lodging must be provided for reimbursement. 16.2.3 Travel Advances. Employees may receive the per diem allowance for meals in advance of travel if an authorized check request is submitted to Finance at least two (2) weeks prior to the travel date. All other reimbursement will be made upon return from travel and submission of an authorized request. 16.3 Fitness. The City will reimburse employees up to twenty-five dollars ($25.00) per month toward membership in a recognized fitness club. Employees will be reimbursed quarterly provided they submit receipts for club membership in a timely manner. ARTICLE XVII -VACATION 17.1 Accrual. Paid vacation leave shall accrue on the following basis for full time employees: Service Time Monthly Accrual 0 - 5 Years 6 2/3 Hours 5 -10 Years 10 Hours 10 - 15 Years 13 1/3 Hours 15+ Years 16 2/3 Hours Annual Accrual Maximum Accrual 80 Hours 160 hours 120 Hours 240 hours 160 Hours 320 hours 200 Hours 400 hours 1. Vacation leave shall accrue on a monthly basis based upon the employee's date of hire. 2. New, probationary employees shall not be eligible to use vacation leave until they have completed six (6) full months of employment, but shall be credited with accrual from their date of employment. 3. Vacation leave shall accrue during any paid leave of absence. 4. Part-time bargaining unit employees shall accrue vacation days in direct proportion to full time equivalency. For example, an employee working half time would accrue vacation at 3 1/3 hours per month for 0 to 5 years, 5 hours per month for 5 to 10 years, etc. 17.2 Accrual Limitations. Vacation leave shall accrue to a maximum of two times the annual accrual. If an employee is about to lose vacation credit because of accrual limitations, and such impending loss is caused solely by the City's insistence that the employee be at work during a scheduled vacation period, the employee may, by notifying his/her supervisor in writing at least ten (10) days in advance, absent him/herself from work to prevent loss of vacation time. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. In lieu of the employee absenting him/herself from work as provided above, the City may, at its option, pay off the City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 14 Tentatively Agreed to 3/5/07 -Not Yet Ratified excess vacation time at the employee's applicable rate of pay. Such payment shall be made on the next pay date following the pay period in which the employee would have had to absent him/herself from work. No payment shall be made for vacation time lost by an employee because of accrual limitations unless the failure to take vacation is caused solely by the City's insistence that the employee be at work during a scheduled vacation period. 17.3 Vacation Selection. Employees shall have the right to determine vacation times, subject to scheduling requirements for public service based upon the needs of an efficient operation, the availability of vacation relief, and the City's right to arrange scheduling so that each employee has an opportunity to, if s/he chooses at some time during the calendar year, to use the full amount of the vacation credit which s/he could accumulate in twelve months of continuous service. Vacation time shall be selected on the basis of job classification seniority provided, however, that each employee will be permitted to exercise his/her right of seniority only once annually and for one block of time only. Conflicting requests for the same vacation time shall be resolved on the basis of bargaining unit seniority.or, in the event that an employee has already exercised his/her vacation bid on the basis of job classification seniority, prior scheduling. 17.4 Termination. Upon termination of employment, an employee shall be paid for all accrued but unused vacation to a maximum of 320 hours. 17.5 Sell Back. Employees may opt to sell back to the City up to forty (40) hours of accrued vacation time in excess of eighty (80) hours. This option shall be available to employees only once each calendar year. Employees choosing to exercise this option must advise the City in writing. The City shall make every effort to distribute the funds within thirty (30) days of the request. ARTICLE XVIII -HOLIDAYS 18.1 Holidays: Full-time Non-sworn Employees. Full-time, non-sworn employees shall be entitled to time off with pay for the following holidays: (a) New Year's Day, January 1 (b) Martin Luther King's Birthday, third Monday in January (c) President's Day, third Monday in February (d) Memorial Day, last Monday in May (e) Independence Day, July 4 (f) Labor Day, first Monday in September (g) Veterans' Day, November 11 (h) Thanksgiving Day, fourth Thursday in November (i) Day after Thanksgiving Day (j) Christmas Day, December 25 (k) Day before Christmas, December 24 (I) Two floating holidays 18.1.1 Eligibility. Full-time employees must have worked or have been on paid leave the last work day before and the first work day following a holiday in order to receive holiday pay. Part-time employees covered by this Agreement shall be entitled to time off with pay for the above holidays and shall be compensated in proportion to the number of hours per month they are normally scheduled to work, regardless of whether or not the part-time employee is scheduled to work the holiday, provided the part-time employee is scheduled to work after the holiday. 18.1.2 Holidays. Holidays which occur during vacation or sick leave shall not be charged against such leave. If a holiday listed in 18.1 falls on a Sunday, the following Monday shall be given as a holiday unless Monday is already a holiday, then the preceding Friday shall be given as the holiday. If a holiday listed in 18.1 falls on a Saturday, the preceding Friday shall be given as the holiday unless Friday is already a holiday, then the following Monday shall be City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 15 Tentatively Agreed to 3/5/07 -Not Yet Ratified given as the holiday. Holidays must be used on the day established as the City holiday. 18.1.3 Floating Holidays. Floating holidays shall accrue on January 1 and July 1 of each year, provided the employee is actively employed on January 1 or July 1. Floating holidays may not be taken in advance or in anticipation of accrual. Floating holidays must be taken during the calendar in which they are accrued, and they must be used in full day increments and with prior notice to and approval of the department head. Unused floating holidays shall not be paid upon termination. Unused Floating Holidays may be taken between an employee's notice of resignation and the last day worked. 18.2 Accrual for Sworn Personnel. Full time, sworn personnel shall accrue eight and two thirds (8.67) hours of paid leave each calendar month in lieu of holiday compensation. Such accrued leave shall be utilized in accordance with established department procedures on an hour-for-hour basis. An employee on paid leave shall still accrue holiday leave time. Holiday compensation time may accrue to a maximum of 104 hours. In the event an employee cannot be scheduled off because of the City's operational needs, an employee having in excess of 104 holiday compensation hours shall be compensated, at the straight time rate of pay, for all hours in excess of 104. ARTICLE XIX -SICK LEAVE 19.1 Accrual. Sick leave shall be earned by each full-time employee at the rate of eight (8) hours for each full calendar month of service completed. Part-time employees shall accrue sick leave each month in an amount proportionate (based on hours worked each month) to that which would be accrued under full-time employment. An employee may accrue an unlimited amount of sick leave. 19.2 Utilization. Employees may utilize their allowance of sick leave when unable to perform work duties by reason of illness or injury, serious illness in the immediate family, or emergency personal medical or dental care, exposure to contagious disease under circumstances by which the health of fellow employees or members of the public necessarily dealt with would be endangered by attendance of the employee in the opinion of the City. Sick leave shall be charged on an hour-for-hour basis. Abuse of sick leave privilege shall be cause for discipline and/or dismissal. 19.3 Notification. An employee who is unable to report to work because of any of the reasons set forth in Section 2 above, shall report the reason for his absence to the designated department representative as soon as possible and prior to the time he is expected to report to work. Sick leave with pay shall not be allowed unless the employee has complied with the posted reporting procedure or made a reasonable attempt to comply. In absences of three days or more, the City may, at its discretion, require the employee to provide a written statement from a physician certifying that the employee's condition prevented him from appearing for work and that the employee is released to return to work without restrictions. The City will establish the procedure for contacting the designated department representative. 19.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the time of resignation or dismissal of an employee. 19.5 Leave Without Pay\Layoff. Sick leave shall not accrue during any period of leave of absence without pay or layoff; however, the returning employee shall have any previously accrued sick leave restored upon return to employment. 19.6 Compassionate Leave. In the event of a death in the employee's immediate family, an employee may be granted leave of absence with pay not to exceed three (3) calendar days. Upon request, an employee shall be granted an additional two days leave to be deducted from accrued sick leave. The employee shall make reasonable effort to notify the Department Head of the need for the additional days. 19.7 Immediate family. Immediate family is defined as spouse, domestic partner, children, step- children, father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 16 Tentatively Agreed to 3/5/07 -Not Yet Ratified grandparents and grandchildren. 19.8 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course of employment, the City's obligation to pay Sick Leave is limited to the difference between any disability payment or time loss payment received under Workers' Compensation Laws and the employee's gross pay. When sick leave is paid in conjunction with worker's compensation or disability, prorated charges will be made against accrued sick leave. In such instances, Public Employees Retirement System (PERS) benefit will be prorated according to the amount of compensation paid by the City. 19.9 Sick Leave Without Pay. Upon application by the employee, or in the event the City determines under Section 2 that the employee is unable to return to work, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. Total paid and unpaid leave time shall not exceed 24 months. The City may require that the employee submit a certificate from a physician periodically during the period of such disability. 19.10 Retirement. Employees may utilize unused sick leave accrual upon retirement in accordance with benefits provided for in PERS and applicable legislation. ARTICLE XX -LEAVE OF ABSENCE WITH PAY 20.1 Funeral Leave. When an employee serves as a pallbearer, or in some other way participates in, as opposed to merely attend, a funeral ceremony, the employee may be granted time off with pay, not to exceed four hours, to perform such duty . 20.2 Civic Responsibility. The City appreciates that City employees are occasionally required to perform civic duties that may interfere with their scheduled workday. This Section addresses how the performance of civic responsibilities shall affect the employee's work schedule, pay and use of leaves. 20.2.1 Work-Related Court Appearance. Employees required to testify or appear in court in an official capacity and as a part of their job shall be compensated for such court appearances in accordance with Article 11 -Hours of Work and Overtime. 20.2.2 Non Work-Related Court Appearance. When an employee is subpoenaed to testify or appear in court other than in an official capacity and where the employee is not personally involved in the action as the plaintiff, the defendant, the object of the investigation, or for the purpose of providing character testimony for a friend or family member, s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. 20.2.3 Jury Duty. When an employee is called for jury duty s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 17 Tentatively Agreed to 3/5/07 -Not Yet Ratified 20.2.4 Civic Duty Between Night Shifts. Employees who are required to appear in court between scheduled night shifts for work-related testimony in accordance with 20.2.1 shall be compensated in accordance with Article 11.2.1. Employees who are required to appear between scheduled night shifts for non work-related civic duty as set forth in Section 20.2.2 or 20.2.3 shall have their work shift adjusted as follows: a. if the total hours actually spent performing civic duties are less than six (6), the employee's work schedule the night after such civic duty shall be adjusted on an hour-for-hour basis for the time actually spent on civic duty. b. if the total hours actually spent performing civic duties are six (6) or more, the employee will be given the night after such civic duty off and shall not suffer any loss of pay or be required to use accrued leave. 20.2.5 Limitations and Expectations. Under no circumstances shall the City be required to pay overtime or grant comp time for civic duty appearances that are not work-related. In the event an employee serves a partial day of civic duty, the employee shall be required to return to work after being released from court, or arrange for use of paid leave in accordance with department to compensate for time away from work that is not spent in court. Exceptions may be allowed in such circumstances as when the court appearance is out of the area or the employee is released from their court responsibilities with less than forty-five (45) minutes left in their scheduled workday. It shall be the employee's responsibility to notify his/her supervisor of pending court responsibilities as soon as the employee has knowledge of such court duty. 20.3 Militarv Leave. Military leave of absence shall be granted in accordance with Oregon Law 20.4 Conferences/Meetings. Time spent in attendance at, or travel to and from conferences, conventions or other work-related meetings that have been approved in advance by the Chief shall be considered work time. An employee may request additional time off, using accrued paid leave, in conjunction with approved work-related travel; however, approval of such requests shall be handled in accordance with department- established requests for time off. 20.5 Leave Accruals while on Paid Leave. Employees on paid leaves of absence shall accrue leaves in accordance with this Agreement and, where by reference, current City policy. ARTICLE XXI -LEAVE OF ABSENCE WITHOUT PAY 21.1 Family Medical Leave. All police bargaining unit employees shall be covered by current City policy, as well as state and federal law, regarding Family and Medical Leave. 21.2 Militarv Leave. Military leaves of absence shall be granted in accordance with City policy and state and federal law. 21.3 Other Leave Without Pav. Not withstanding the Family and Medical Leave Act (FMLA) and Uniformed Services Employment and Reemployment Rights Act (USERRA), a regular employee may be granted a leave of absence without pay for a period not to exceed one (1) month. Requests for leave of absence without pay shall be in writing, shall be directed to Police Chief, and shall contain justification for approval. Approval of such leave requests shall be at the sole discretion of the Police Chief, except that any denial of a request shall not be arbitrary or discriminatory. Not counting any such leave covered under FMLA and USERRA, no employee shall receive more than an aggregate of thirty-one (31 A) days leave of absence in any three (3)-year period. 21.4 Leave Accrual while on Leave without Pav. Current City policy regarding benefits accrual during Leaves of Absence Without Pay shall apply to all employees covered by this Agreement. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 18 Tentatively Agreed to 3/5/07 -Not Yet Ratified ARTICLE XXII -INSURANCE COVERAGE 22.1 Medical. Dental and Vision Insurance. The City shall provide medical, dental and vision insurance coverage as follows: 1. Medical -equivalent to or better than Teamsters GNV Plan 2. Dental -equivalent to or better than Teamsters D-6 Plan 3. Vision -equivalent to or better than Teamsters V-4 Plan 22.2 Health Insurance Eligibility: An employee, as defined in Article 1 -Recognition, must be on paid status for at least eighty (80) hours in the qualifying month to be covered by the health insurance the following month. (Examples: An employee begins employment January 10 and is on paid status the required 80 hours in this month. S/he is then covered for the month of February. An employee terminates January 25 after being on paid status the required 80 hours. S/he then is covered for the month of February. In both cases, if an employee is not on paid status for the required 80 hours in January, s/he would not be covered in February). Paid status does not include overtime hours worked or "cash out" of accrued leave. Eligibility for insurance coverage shall be consistent with the insurance carrier's eligibility requirements. It is understood that the concept of "cash out" of accrued leave time (vacation, holiday and compensatory time) does not constitute hours worked or compensated hours. A "cash out" is when an employee receives payment for accrued leave without actually taking the paid time off or upon termination from employment. 22.3 Medical Dental, and Vision Insurance Premiums. For the period of July 1, 2007 through December 31, 2007, the City shall pay a maximum of six hundred eighty-five dollars ($685.00) per month per eligible full time employee toward health insurance premiums. If the cost of health insurance premiums increases during this period, the City and the employee shall equally bear the cost of any such increase above the City's six hundred eighty- five dollar ($685) contribution. For the period of January 1, 2008 through December 31, 2008, the City shall pay a maximum of seven hundred thirty-three dollars ($733.00) per month per eligible full time employee toward health insurance premiums. If the cost of health insurance premiums increases during this period, the City and the employee shall equally bear the cost of any such increase above the City's seven hundred thirty-three dollar ($733) contribution. For the period of January 1, 2009 through December 31, 2009, the City shall pay a maximum of seven hundred eighty-five dollars ($785.00) per month per eligible full time employee toward health insurance premiums. If the cost of health insurance premiums increases during this period, the City and the employee shall equally bear the cost of any such increase above the City's seven hundred eighty-five dollar ($785) contribution. From January 1, 2010 through the life of this agreement the City shall pay a maximum of eight hundred thirty-two dollars ($832.00) per month per eligible employee toward health insurance premiums. If the cost of health insurance premiums increases during this period, the City and the employee shall equally bear the cost of any such increase above the City's eight hundred thirty-two dollar ($832) contribution. 22.3.1 Payment of Premiums. All health insurance premiums paid by the City on behalf of employees shall only be paid directly to the insurance carrier or third party administrator. No such insurance premiums shall be paid directly to the employee. 22.3.2 Part-time Employees. Health insurance premium contributions shall be made on a prorated basis for bargaining unit employees qualifying for insurance coverage but working City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 19 Tentatively Agreed to 3/5/07 -Not Yet Ratified less than full time. 22.4 Section 125. In the event the employee is required to pay a portion of the health insurance contribution in accordance with 20.3, the employer shall institute an IRS Section 125 plan for the purpose of allowing the employee contribution toward health insurance premiums to be a tax free payroll deduction. Additionally, the employer may, in its discretion, institute an IRS Section 125 Flexible Spending Arrangement plan and make such plan available to all employees on a voluntary basis at any time during the life of this agreement. 22.5 Health Reimbursement Arrangement. Effective July 1, 2007, the City shall cause to be created a Health Reimbursement Arrangement through a Voluntary Employees' Beneficiary Association (hereinafter referred to as HRA or HRA VEBA) under Section 501 (c)(9) of the Internal Revenue Code for each employee of the bargaining unit. 22.5.1 Funding of HRA VEBA. Effective July 1, 2007 the following employer contributions shall be made to each bargaining unit employee's HRA VEBA: a. Beginning with the payroll for hours worked starting July 1, 2007 the City shall contribute one hundred dollars ($120) per month per full time employee to the established HRA VEBA. b. Beginning July 1, 2008 the City shall increase the HRA contribution for full time employees to one hundred twenty dollars ($120) per month. c. Beginning July 1, 2009 the City shall increase the HRA contribution for full time employees to one hundred fifty dollars ($145) per month. The amount of the HRA contributions for part time employees shall be prorated based on full time equivalency_of the employee's position. 22.6 Long Term Disability Insurance. For bargaining unit employees who meet the carrier's eligibility requirements, the City shall pay long term disability insurance premiums for coverage that provides at a minimum, a 66 2/3% benefit effective the 91 st day of the disability. 22.7 Life Insurance. For bargaining unit employees who meet the carrier's eligibility requirements, the City shall provide a $50,000 term life insurance benefit policy. In addition, to the extent the carrier permits, the City will allow employees to purchase additional life insurance at the employee's expense. ARTICLE XXIII -WORKER'S COMPENSATION 23.1 Worker's Compensation. The City shall provide worker's compensation coverage for industrial accidents and disease in accordance with state and federal law. ARTICLE XXIV -OUTSIDE EMPLOYMENT 24.1 Outside Employment. No full-time bargaining unit employee shall accept outside employment, whether part-time, temporary or permanent, without prior written approval from the Police Chief. Each change in outside employment shall require separate approval. 24.2 Approval. To be eligible for approval, outside employment must meet the following criteria: a. Be compatible with the employee's City work; b. In no way detract from the efficiency of the employee in his/her City work; and City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 20 Tentatively Agreed to 3/5/07 -Not Yet Ratified c. In no way conflict with the interest of the City or be a discredit to the City. 24.3 Response. A written response to a request for outside employment approval shall be provided within seven (7) business days of the request. ARTICLE XXV -DISCIPLINE AND DISCHARGE 25.1 Discipline. No regular, non-probationary employee shall be disciplined or discharged except for just cause. Discipline will normally be progressive. If a violation of a City policy or work practice is of serious enough nature, an employee may be discharged without prior disciplinary warnings. Oral warnings, counseling or other oral communication are considered discipline and shall be documented; however, such documentation shall not be considered a written disciplinary action, shall not be subject to the grievance procedure, and such documentation will not be placed in the employee's personnel file. 25.2 Imposition. The City, in disciplining an employee, shall make a reasonable effort to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. 25.3 Probationary Employee. A probationary employee as defined in Article 8, Probation, Section 1, shall serve at the pleasure of the City and may be disciplined or discharged for any reason and such discipline or discharge shall not be grievable. 25.4 Grieving Discipline. Any disciplinary action, except oral reprimands, counseling, verbal warnings, or other oral communications imposed upon an employee, if protested, shall be protested through the grievance procedure, Article 26, Grievance Procedure. However, written reprimands may be processed only to Step 3 of the grievance procedure. 25.5 Union Representation. An employee shall, upon request, have a Union representative present at disciplinary meetings. ARTICLE XXVI -GRIEVANCE PROCEDURE 26.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a violation of the bargaining agreement. 26.2 Informal Resolution. When such alleged violations arise, an attempt will be made by the employee and his/her immediate supervisor to settle them informally. A problem which cannot be resolved informally will be processed as a grievance in accordance with Article 26, Section 3. 26.3 Grievance Procedure. Each grievance will be processed in the following manner: Step I. Within fifteen (15) calendar days after the occurrence of the cause of complaint, the employee and/or the Union will reduce the grievance to writing, stating the reasons therefore, the contract provision violated, the date of the occurrence, and the remedy requested and will present it to the employee's immediate supervisor. Within ten (10) business days after the grievance is submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee involved may be accompanied at any grievance-related meeting by a representative of his/her choice. Step II. If the grievant is not satisfied with the decision concerning the grievance made by the supervisor, s/he may, within ten (10) business days of receipt of such decision, forward grievance to the Police Chief. Within ten (10) business days following receipt of the grievance, the Chief shall state his/her decision in writing. Step III. If the grievant is not satisfied with the disposition of the grievance by the Chief, s/he may request, within ten (10) business days of receipt of the Chiefs decision, that the City City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 21 Tentatively Agreed to 3/5/07 -Not Yet Ratified Administrator review the decision. Within ten (10) business days, the City Administrator shall render his/her decision in writing. Step IV. If the grievant is not satisfied with the disposition of the grievance by the City Administrator, s/he may request, within ten (10) business days from receipt of the City Administrator's decision, that the grievance be brought to arbitration. Such request shall be valid only if supported, in writing, by the Union. If a timely, valid request has been made, the parties shall jointly request from the State Conciliation Service a list of seven (7) arbitrators residing in Oregon who are members of the American Arbitration Association and, beginning with the grieving party/Union, the parties shall alternately strike names. The name remaining shall be the arbitrator. Seven (7) business days shall be allowed for the striking. The parties may, by mutual agreement, request a new panel. The hearing under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives. The arbitrator shall render a decision within thirty (30) calendar days from the date of the formal hearing. The power of the arbitrator shall be limited to interpreting this Agreement and determining if the disputed article or portion thereof has been violated. The arbitrator shall have no authority to alter, modify, vacate or amend any terms of this Agreement or to substitute his/her judgment on a matter or condition for that of the City where the City has not negotiated and limited its authority on the matter or condition. The decision of the arbitrator within these stated limits shall be final and binding on both parties. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and no arbitration determination or award shall be made by the arbitrator whatsoever prior to the execution date of this Agreement. In case of a grievance involving any continuing or other money claim against the City, no award shall be made by the arbitrator which shall allow any alleged accruals for more than ten (10) days prior to the date when such grievance shall have first been presented. 26.4 Expenses. Expenses for the arbitrator's services and the proceedings shall be borne equally by both parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record. In the event the arbitrator finds that s/he has no authority or power to rule in any case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 26.5 Time Limits. All parties subject to these procedures shall be bound by the time limits contained herein. However, time limits may be extended by mutual consent of both parties. If either party fails to follow such limits, the following shall result: (a) If the grievant fails to respond in a timely fashion, the grievance shall be deemed waived. (b) If the party being grieved against fails to respond in a timely fashion, the grievance shall proceed to the next step. 26.6 Grievance File. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file, and will not be placed in the personnel file. However, evidence of any discipline imposed and an explanation of the action which resulted in such discipline will be placed in the employee's personnel file. ARTICLE XXVII - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT 27.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute arising during the period of this Agreement. 27.2 Strike. The Union will not initiate or engage in, and no employee(s) will participate or engage City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 page 22 Tentatively Agreed to 3/5/07 -Not Yet Ratified in any strike, slowdown, picketing, boycott, sick-out or other interruption of work during the term of this Agreement. 27.3 Union Responsibility. Should a strike, slowdown, picketing, boycott or other interruption of work occur, the Union, upon receiving notice of a strike, slowdown, picketing, boycott or other interruption of work which it has not authorized, will take all reasonable steps to terminate such activity and induce the employees concerned to return to work. If the Union takes such action, it shall not be held liable by the City for unauthorized activity of the employees involved. 27.4 Discipline. In the event employee(s) participate in a strike, slowdown, picketing, boycott, sick- out or other interruption of work in violation of this Article, the participating employee(s) shall be subject to disciplinary action which may include discharge. 27.5 Wailes and Benefits. It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such work interruption. ARTICLE XXVIII -SAVINGS CLAUSE 28.1 Savings Clause. Should any Article or section thereof of this Agreement be held unlawful and unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the specific Article or section thereof directly specified in the decision. The remainder of this Agreement shall remain in effect pursuant to the terms of the Duration Article. Upon such declaration, the parties agree to immediately negotiate a substitute, if possible, for the invalidated portion thereof. ARTICLE XXIX -DURATION 29.1 Duration. This Agreement shall be effective as of July 1, 2007 and shall remain in effect through June 30, 2010. ARTICLE XXX -EXECUTION/SIGNATURES Executed this _ day of 2007 at Central Point, Oregon, by the undersigned officers by authority and behalf of the City of Central Point and Teamsters Local Union No. 223. TEAMSTERS LOCAL UNION NO. 223 CITY OF CENTRAL POINT, OREGON Clayton Banry, Secretary-Treasurer Union Representative City of Central Point (Police) And Teamsters Local 222 Hank Williams, Mayor Phil Messina, City Administrator 7/1/07 - 6/30/10 page 23 Tentatively Agreed to 3/5/07 -Not Yet Ratified APPENDIX A POLICE BARGAINING UNIT SALARY SCHEDULE Monthly rates Steps Non-Sworn Positions Grade A B C D E Police Support Specialist 110 2533 2660 2794 2933 3081 Community Services Officer 117 2688 2821 2963 3111 3267 Information Technology Coordinator 165 4066 4270 4484 4708 4941 Sworn Positions Police Officer 145 3445 3617 3798 3988 4187 Detective/SRO 145a 3617 3798 3988 4187 4397 Corporal 150 3810 4001 4201 4411 4631 Sergeant 161 4214 4425 4646 4878 5122 Effective July 1, 2008: The salary s cale shall be adjus ted by a percentage equal to t he average annual increase in the U.S.AII Cities C.P.I.-W (Jan 2007 -Jan 2008) with a minimum of 3% and a maximum of 5%. Effective July 1, 2009: The salary scale shall be adjusted by a percentage equal to the average annual increase in the U.S.AII Cities C.P.I.-W (Jan 2007 -Jan 2008) with a minimum of 3% and a maximum of 5%. City of Central Point (Police) 7/1/07 - 6/30/10 And Teamsters Local 222 ~ page 24