HomeMy WebLinkAboutCouncil Resolution 1375RESOLUTION NO. �3S
A RESOLUTION RATIFYING THE POLICE COLLECTIVE BARGAINING AGREEMENT and
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT
RECITALS:
1. The City of Central Point has a fundamental interest in the development of
harmonious and cooperative relationships between the City and its employees;
and
2. The City recognizes the rights of public employees to organize; and
3. The City recognizes and accepts that the principle and procedure of collective
bargaining can alleviate various forms of strife and unrest; and
4. ORS 243 "Collective Bargaining' defines and outlines the policies involved in
collective bargaining between public entities and public employers; and
5. The police collective bargaining agreement expired June 30, 2013;
The City of Central Point resolves as follows:
The Police Collective Bargaining Agreement between the City of Central Point
and Teamsters Local 223 (Police), as attached, is hereby ratified and adopted, and the
Mayor and City Manager are authorized to sign the Agreement.
Passed � by the Council and signed by me in authentication of its passage this 2 V -\day
of vQ
,�" -'A 20�.
Mayor Hank Williams
ATTEST -
City Recorder
CITY OF CENTRAL
bargaining
AGREEMENT BETWEEN
CITY OF CENTRAL POINT, OREGON
AND
TEAMSTERS LOCAL UNION NO. 223
PREAMBLE
This Agreement Between the City of Central Point,
Teamsters Local Union No. 223, International Bro
hereinafter called the "Union,", is made and enter
scale, schedule of hours and conditions of employ
unit. The purpose of this Agreement is to set forth:
the parties on matters relating to employmergA elati
ARTICLE I — RECOGNITION
1.1 Recognition. The City recognizes the Union
for all employees in the bargaining unit for the
conditions of employment which constitute "emplo
For the purpose of this Agreement, an "employee"
established by the Oregon Employment Relations B
1.2 Bargaining UnitlClassifications. The
Detective, Police School Resource Offic(
Community Services Officer, and Police Sup{
gon, hereinafter called the "City;" and
hood of Teamsters, Portland, Oregon,
As
ito for the purpose of fixing the wage
taffeeting members of the bargaining
full and complete Agreement between
as th sole and exclusive bargaining agent
purpose of establishing hours, wages and
yment relations" as defined by Oregon Law.
shall be any employee in the bargaining unit
oard and as defined in 1.2 below.
ling unit covers the classifications of Police
Master Police Officer, Police Officer,
cialist.
1.3 elusions. Managerial, supervisory, FLSA exempt, Temporary, and Part-time without
Benefitsemployees shall be specifically excluded from the bargaining unit. For the purpose of
this Agreement; a temporary employee shall be defined as an employee hired for a work
assignment lasting less than 180 calendar days in any 12 month period, or for a work
assignment for which the specific- purpose is to fill a temporary vacancy created by a regular
bargaining unit employVwhon approved leave, as provided for in this Agreement, lasting
more than 180 calendnot to exceed 12 months. A "part-time without benefits"
employee shall be defined as an employee scheduled to work less than 80 hours in a calendar
month, regardless of the duration of the assignment.
1.4 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 illustration7t`he 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.
b. 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 an decision with regard thereto.
0
ifo establish, i
A qu
methods. and proced
fulfill an
Lure, oral
0
authority to
existing or fu
e. To implement'n
materials, equip
Jimplement standards for hiring, classification, promotion,
work, safety, materials, equipment, uniforms, appearance,
s. It is jointly recognized that the City must retain broad
mplement its responsibilities and may do so by work rule,
written.
I
P revise or discard, wholly or in part, old methods, procedures,
cilities and standards.
f. To assign and distribute work.
g. To assign shifts, workdays, hours of work, overtime and work locations.
h. To designate and to assign all work duties.
i. 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.
k. 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 wholias applied for
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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.ehanged in writing. Pursuant to
each authorization, the City shall deduct such dues and initiation fees from the employee's pay
check(s) each month. The amounts deducted shall be transmitted to the Union no later than
the last day of the month in which the amounts are deducted. It shall be the responsibility of
the Union to notify Payroll of the correct amount of dues to be deducted.
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 ObieEtion. A 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 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 a non -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
Director. 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 relatinthe Un. The Union shall limit its
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posting of Union notices. Such notices shall bear the signature ofathe authorizing Union official.
The bulletin board shall be used only for the following Union notices and bulletins:
a. Recreation and social affairs of the U
b. Union meetings
c. Union elections
d. Reports
e. Rulings or policies of the Union
f. Non -derogatory communications f!o
Any notices posted out`sidelChese,guideli
4.7 Right of Access. Upon
may be granted access to non
unit.
4.8 'City Facilities. TheUnion
the
to the bargaining unit
by the City.
Representative (Teamsters Business Agent)
!et with off-duty members of the bargaining
iccorded the use of City facilities for bargaining unit
r other special interest groups.
5.1 Union Business. 'l`Inion business, except for the filing of grievances, shall be conducted
during non -work hours. Work time spent on a grievance by the grievant shall not be
unreasonable, as determined by the City. 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. 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 aggregate of two hours total per month for grievance representation will be allowed.
The City's approval must be obtained before taking time off, but such approval will not be
unreasonably withheld.
5.2 Union Representation. 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 mutually 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
ION
bargaining 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. AW
ARTICLE VI - NON-DISCRIMINATION
6.1 Gender. All references to employees in fli Agreement designate both sexes, and, while
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every attempt has been made to include generic pronouns or both genders, whenever either
the male or female gender is UsAW"t'l shall be construed to include both male and female
employees.
6.2 Application of Agreement. The provisions ofathe Agreement shall be applied to all
employees in the bargaining unit without discrimination as to marital status, sex, race, color,
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creed, national origin, age, religion, any other protected status, union affiliation or political
affiliation.
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 anyother 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 Employee Signature and Response. Each employee shall have the opportunity to read
any written material of a derogatory nature that is placed in his/her personnel file. Disciplinary
notices, performance appraisals, or other similar material that, once included in the employee's
personnel file, is likely to have an adverse effect on an employee's reputation or employment
status shall be acknowledged, signed and dated by the employee within 14 calendar days of the
employee receiving the document. All materials addressed in this Section and requiring the
employee's signature shall bear a statement stating, in effect, that signing acknowledges
receipt of the document but does not necessarily indicate agreement. For 30 calendar days
after the employee has signed acknowledging receipt of the document(s), the employee
reserves the right to include in the file a written response to such material, and this response
shall be attached to the material in question and become a part of the employee's file. If an
employee refuses to acknowledge the document by signing as instructed, the City shall make a
note on the document to the effect that the employee refused to sign and place the document
in the personnel file. By refusing to acknowledgereceipt of the document, the employee shall
waive any right to provide a written response or request the document be removed in the
future pursuant to 7.6. IL
7.6 Adding and
have the right to it
to that employee's
Employees may request Mata
Such request must be made,
the employee is requesting
documents) should be rem,
Written reprimands shall no
full years hasnot passed sin('
action displaying an ongoing
reprimand is for an act of w,
removed pursuant to this. se
with records retention requir
ARTICLE VIII - PROBATION
A assootherwise waived in 7.5, an employee shall
any mater;ialior information considered relevant
the
ten reprimandsMn-ver two years old be removed from their file.
iriting, to the Chime and shall include the specific document(s)
emoved, an the reason(s) why the employee believes the
,TLThe Chief shall investigate and respond to such requests.
removed from the employee's personnel file if less than two
e acknowledgement date on the document, other disciplinary
`ern of behavior has been imposed during that period, or the
I
ce violence, harassment, or discrimination. Any documents
F shall be retained in a separate file, if necessary, to comply
nts under ORS 166-200-0090
8.1 Probationary Period. Every new employee hired into the bargaining unit shall serve a
probationary period. Sworn employees 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 from
the date of hire. 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 within
the bargaining unit 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.
8.3 Scheduling of Probationary Employees. `Employees serving a probationary or
promotional probationary period may be assigned shifts, starting times and days off at the
discretion of the City. Scheduling of promotional probationary employees, at the City's
discretion, shall be limited to the first six months of the promotional probationary period.
ARTICLE IX- SENIORITY
9.1 Definition. Only regular, non-probat
shall be attained after completion of the
thereafter be establishAN ed as follows: the
employee's job classification shall be referre
service from the last date of hire within the
unit senioritv." All senioritvishallsbeltermina
1. Quits
2. Is discharged
3. Is laid off anakfails to
nployees shall have seniority. Seniority
nary period as set forth in 8.1 and shall
e 's length of continuous service in the
job classification seniority' and continuous
ing unit shall be referred to as "bargaining
employee:
to written notice as provided in Article 10, Section
4. Is`�laid off for a period of time greater than twenty -four (24) months, or a period
of time equal to hh/her bargaining unit seniority, whichever is shorter
5. Accepts a position outside of the bargaining unit, except as provided for in
Section 9.4
6. Fails to report to work at the termination of an extended leave of absence
7. While on leave of absence accepts employment without permission
8. Is retired
9.2 Seniority List . The City will provide to the Union updated seniority lists upon request.
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.
Application in layoff and recall, and shift bidding will be as follows. Vacation request bidding
shall be subject to Section 17.3.
9.3.1 Layoff and Recall. If employees in the same classification are being considered
for layoff or recall, job classification seniority shall govern. Probationary employees are
not eligible for layoff status and will be released from employment before non -
probationary bargaining unit employees are considered for layoff. 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;sbut not more than,atheir former pOW
ay rate.
Employees returning to theWargaining unit following recall from layoff shall have
vacation selection determined on the basi's of total bargaining unit seniority for the first
calendar year following their retur;m. Thereafter; vacation selection shall be determined
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on the basis ofsiob.classification semor.ity.
9.3.2 Shift Biadjhg . Shiftlselection shall be by job classification
seniority with each police Officer and Master Police Officer having to bid/work at
least one tlay shift and one nightshift per year. Day shift shall refer to a work shift that
begins between 3:01 am and 3:30 pm andnight shift shall refer to a work shift that
begins between 3:01 pm and 3:00 am. Except as provided for in Section 8.3,
probationary police employees may be assigned work shifts, work_schedules, 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 three (3) four-month rotations during the following
calendar year:.
9.4 Seniority Grace Pere If an employee takes a position with the City outside of the
bargaining unit, and has a minimum of two years of service in the bargaining unit, that
employee's seniority, for the purposes of shift bidding and vacation selection only, will be
reinstated upon a subsequent return to the bargaining unit except that, for each month spent
outside the bargaining unit, one month will be deducted from the employee's previously -
earned seniority. This provision shall only apply to employees who remain continuously
employed by the City.
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 and will be released prior to non -probationary employees. 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 dateof receipt of mail notifying the
employee of recall from layoff status, or the employee will forfeit all seniority and his/her layoff
status.
11.1 Work Week. The work week shall consist of a seven day work schedule with five
consecutive 8 -hour days followed by two consecutive days off, or, at the discretion of the City,
four consecutive 10 -hour days followed by three consecutive days off. The seven (7) day work
schedule will begin at theFstart_of the employee's first day of workk and end 168 hours later.
11.2 Workday. The workday shall consist of an 8' -hour day ora 10 -hour day within a 24-hour
period including rest breaks, briefing and training periods. The 24- hour period will begin at the
start of the employ,ee's workday and end 24 hourslater. Employees shall not be scheduled to
work with less than 8 hours between shifts unless,an emergencv exists.
11.3 OtherwWork Schedulesa Theme Rion and the City may, by mutual agreement, employ any
other workschedule, either temporarily or permanently, which may be adopted for the entire
Police Department, or any job classification within. Such schedule may involve adoption of a "7k
exemption." %
11.4 Schedule ChangesNotwithstanding 8.3 and 9.3.2, substantive changes to the work
schedule shall require 60 days advance notice. To the extent possible, employees shall be given at
least seven calendar days' advance notice of any temporary changes to the work schedule, work
shift, starting time, or scheduled days off. Probationary employees may be assigned work shifts,
work schedules, starting times and days off at the discretion of the City.
Employees who are assigned to light duty or placed on administrative leave may, with reasonable
notice, be placed on an alternative work schedule at the discretion of the city.
11.5 Work Shift. Each employee shall be scheduled to work on a regular shift, and each
employee shall have regular starting and quitting times that are the same each workday.
11.5.1 Shift Trades. Non -probationary employees may agree in writing, solely at their
option and with the approval of the City, to substitute for one another during scheduled
work hours in performance of work in the same capacity. The City shall have no obligation
to keep a record of the hours of substitute work nor ensure that the trade is reciprocated.
The hours shall be excluded by the City in the calculation of the hours for which the
substituting employee would otherwise be entitled to overtime compensation. Each
employee will be credited as if that employee AMR normal work schedule for that
shift.
11.6 Overtime. All overtime must be approved in advance.
X
11.6.1 Non -Sworn Positions. Overtime shall be paid to non -sworn bargaining unit
members for all hours worked in excess of 4'0 hours during the basic work week or in
excess of a regular scheduled workday as defined in 11.1 and 11.2.
11.6.2 Sworn Positions. Sworn employees shall receive overtime compensation when
required to w7ona
ess of the normal workday; working a scheduled day off, except
when the woreduled day off is the result ofan employee -requested shift trade,
or working moe allowable hours in a work period under the FLSA "7k exemption
(i.e.more thas in a 14=day work period or 171 hours in a 28 -day work period)."
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.
11.7 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, provided the
employee has not reached the maximum accrual amount. Comp -time shall accrue at a rate of one
and one half times the overtime hours actually worked, to a maximum comp -time accrual of 80
hours. Accrual balances shall reflect the number of hours available to the employee. At the City's
option, at the end of the fiscal year, or prior to an employee changing job classifications, comp -
time balances may be paid off, 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, and
scheduled off in the same manner as vacation and holiday time.
11.8 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 11.6 shall be
compensated at time and one-half and may be compensated as overtime pay or comp -time in lieu
of overtime pay. 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 hour before being called back, the time shall be considered hold over
time, and shall be compensated as overtime in accordance with Article 11.6 and 11.7, but not
considered call back time.
11.9 Court Scheduled Between Night Shifts. In the event a sworn police officer who is scheduled
to work two consecutive night shifts actually workedgthe first night shift and is subpoenaed to be
in court for work-related reasons between the -ern
second night shift, the following shall occur:
11.10
If the total hours actually spent in
take the second night sF
overtime per section 11.6.
If the total ho
nieht shift and the start of the
ent in court
uses paid leave to
€be computed as
>the employee will be given the
5earance off. The employee will
the night shifts, but will be paid
nd night shift.
sitions. A paid rest period of 15 minutes shall be permitted
ing each half shift (one break for each four-hour segment)
the City in accordance with the operating requirements of
d needs of the City. Employees may, with supervisor
periods consecutively with their meal period.
11.10.2 SwornnlPositions. Sworn police officers working an 8, 10 or 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.
11.11 Meal Periods.
11.11.1 Non -sworn positions. All non -sworn employees shall be granted an unpaid
meal period of at least 30 minutes during each work shift of more than 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. Meal periods cannot be taken at the beginning or end of a work day to
shorten the workday.
11.11.2 Sworn Positions. Sworn Police officers shall be permitted a paid 30 -minute
meal period during each scheduled work shift. Sworn employees shall be required to be
available to respond to emergency calls for service during their paid meal break;
however, to the extent possible, every attempt shall be made to allow an uninterrupted
meal break.
11.12 Detective On -Call. Sworn police officers
respond to after-hours calls. An on call list shall be
call status. The on call rotation schedule shall be
designated as the on call detective for one-half I
required to carry a cell phone during non-wor;k ho
purpose of being called to work during such non
required to remain within a 30 -minute response t
and shall remain intoxicant -free for1the tluration of
Detectives assigned on call status shall be 5110—
approval of the Operations Commander. It is the
the necessary personnel are made aware of any
the scheduled on call detective is Or to rest
shall be required to notify the Operations Comm
the event that no detective is available to be oni
member ofathe$policeacommand staff to be on cal
;signed as detectives may be required to
stablished to schedule these officers for on
lesigned such that each detective shall be
/2) month. The on call detective shall be
rs for the duration of on call status for the
York times. The on call detective shall be
�totahleentral Point Police Department
heeriod.
�d to tradeon call assignments with prior
sponsibility of'the detectives to ensure that
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ranges to the on call schedule. In the event
id to call outs for any reason, the detective
der in order to be relieved of on call duty. In
I, the City may, in its sole discretion, direct a
111.12.1 On"Call Compensation. 'An employee required to respond to an
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afterlours callout while on call shall be compensated in accordance with Article 11.7,
Call Back. In addition to any compensation for actual hours worked in response to calls
while on call, an employee shall receive $300.00 for each one-half (1/2) month rotation
of on call status. At the employee's option, and provided the employee is not at or near
the maximum accrual of comp -time, vacation and/or holiday bank hours, the employee
may elect to receive 10 hours of time off in lieu of on-call pay. It shall 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.
An employee who is receiving on-call compensation under Section 11.12 above prior to
ratification of this agreement shall receive on-call compensation at a rate of their hourly
pay rate times 10 hours for each %: month of on call rotation.
ARTICLE XII —COMPENSATION
12.1 Pay Schedule. Appendix A, attached hereto, and by this reference incorporated into and
made part of this Agreement, shall become the effective pay schedule as indicated thereon
through June 30, 2016.
12.1.1 Base Pay. Base pay shall refer to the dollar amount referenced on the pay
schedule.
12.1.2 Pay Rate. Pay rate shall refer to the base pay plus any incentives or assignment
pay.
12.2 Pay Periods. Employees shall be paid on fhe "rel
month. Pay days shall be the last working day prior to the
days fall on a weekend or holiday.
12.3 Steps. The letters A, B, C, D, E denote the stE
shall be A, except by special approval of the City M11"Z
made upon successful completion of twelve (1Z)
Thereafter, eligibility for advancement to a higher step
of service in the lower step of the range, AND written
the Chief.
established pay dates each
shed pay dates, when those
pay range. The entrance step
Jvancement to Step B shall be
of the probationary period.
uire the completion of one year
ndation and authorization from
12.3.1 Step F. Effective July 1, 2014, the pay scale'in,Appendix A will be revised to add
a Step F. The amount designated for Step F shall be 5% more than Step E.
An employee shall not 'be eligible" for Step F pay as a result of a change in job
classification in 1*2-.4, however, if the Job ch na ge results in a move to Step E in the new
csification, the employee will be eligible for Step F, upon recommendation of the
Chief after one yeanin the new classification.
12.4 Change?innlRosition andVMnGrade. When an employee changes classification resulting in
a move to a high er.or Lower grjr9changes in pay shall be as follows:
12.4.1 Change toa Higlier 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.
a. Change Due to Employer -Driven Reasons: When an employee's job
classification changes to a lower grade due to an employer -driven reason such as
reorganization or restructuring of the position, the employee shall be placed in the new
grade at the step closest to, but not more than, the employee's previous step's amount,
and "frozen" at their pay rate at the time of the change until such time as the pay scale
amount "catches up to" the "frozen" pay rate. If, after two years, if the pay scale
amount has not "caught up to" the "frozen" pay rate, the City may adjust the
employee's pay down to the base pay on the current pay scale commensurate with the
employee's position and then add any incentive or assignmentignment pay to set the new pay
rate. AMF
b. Change Due to Employee-Dri
employee's job classification changes
employee -related reason such as: tran
reasonable accommodation under ttF
performance reasons); restructuring
management efforts (i.e., removal of
for an employee's deficiencies or lim
performance or discipline; or d'emottiic
promotion if the option of remainin
employee's base pay shall be set oft h
than, the employeOskprevious step's ai
added to the new base paLand he eIrate on the first day of thull p
change.
ore Related Reasons: When an
a lower grade d� to an employee -driven or
r at the request ofthe employee; transfer as a
iADA; disciplinary demotion (for conduct or
fa job in conjunction with performance
)stantive job duties to accommodate or adjust
d capabilities); a job transfer based on poor
resulting from failure to achieve a transfer or
in the current position is not available, the
iew grade at the step closest to, but not more
unt. Any incentives or assignment pay shall be
loyee's pay rate shall be adjusted to the lower
period following the effective date of the job
Section 12.4712F4.1 and4,2.4.2(a) and(&shall not apply to bargaining unit employees
who were "frozen" prior to July 1, 2013. Employees who were "frozen" as of July 1,
20P3 shall remain "frozen" at their pay rate in effect on June 30, 2013, and shall remain
"frozen" at that pay rate until such time as they change to a different position, or
placement on the current, effective pay scale would result in an increase over the
"frozen" pay amount.
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 at one level or the other, not a
combination of both. Certifications will be effective as of the date on the printed certificate, or
on the date the certificate is received in Human Resources if the date on the certificate is prior
to eligibility for certification or more than 30 days separateethtedate on the certificate and the
date received in HR. Certification pay shall begin on the day of the first full pay period
following the effective date of the certification. Ad
13.2 Educational Incentive. Bargaining unit
added to the base pay for college degrees
specified in the table below. An official trans
educational incentive pay will be granted.
possession of the degree. Education incenti
time, regardless of how many degrees an em
degree shall begin on the first day of the firs
conferred as specified on the official transcri
Human Resources if the date on the trans ii
60 days separates the date on the transcript
Associate's Degree $150 pei
employees shall receive additional compensation
earned from a regionally accredited institution, as
cript verifying the degree must be provided before
Incentive pay for education shall be limited to
ve shall 6e paid for only one degree at any given
ployee possesses. Payment for possession of such
t full pay period following the date the degree was
pt, or the date the official transcript is received in
pt is prior to eligibilit_yfor degree pay or more than
and the date received in HR.
Bachelor's Degree$300 per month
Master's Decree S450 oer month
13.3 Bilingual/Sig`nWLanguageW ay. 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 Pay. Certification, education, and bilingual 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 field training officer, the 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 and collateral duties
required to be established: Detective, School Resc
officer, Range Master, Survival Skills Instructor, VC
Training Officer. These are special duty assign
bargaining unit. Additional compensation for Flklp.ec
as set forth in this article, and limited to only the
below.
e, but are not limited to nor
[(SRO), Bike Team officer, DARE
nteer Advisor, Explorer Advisor, and Field
mts, not separate positions within the
assignments and collateral duties shall be
and collateralhduties specified
14.2 Detective. Police officers assigned to the role of defective shall have five percent (5%)
added to their pay rate for the duration of the assignment.
14.3 School Resource Officer. Police officers assigned to the role of school resource officer
shall have five percent (5%) added to their pTrateor the duration of the assignment.
14.4 Field Training Officer. Police officers, including those assigned to Detective or School
Resource Officer, expressly assigned by the city as a Field Training Officer shall receive an
additional five percent (5T%) on their, pay rate for all hours actually served in the full capacity as
a Field Training Officer. Ftanery
signment pay shall not be granted for less than 30 minute
intervals. In no event shalployee receive FTO pay during any period in which no trainee
is assigned to that officer, nor shall more than one officer receive FTO pay for training the same
trainee at any given time. It is understood that the Field Training Officer responsibility is
incorporated within the job duties of Master Police Officer and, therefore, this Section does not
apply to Master Police Officers.
14.5 Acting in Capacity. When a bargaining unit employee serves in the capacity of another
employee on a short-term basis, the employee shall be deemed as "Acting in Capacity" and
paid as follows:
14.5.1 Officer in Charge. For every hour or portion thereof, but in not less than quarter-
hour segments, when a police officer serves in the capacity of Officer in Charge in the
absence of the duty Lieutenant or Master Police Officer, and with the express
authorization of the Chief of Police, Captain, or authorized designee thereof, the officer
shall receive five percent (5%) additional compensation on their pay rate 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, plus
any incentive pay, plus any assignment pay multipliers, multiplied by five percent (5%).
This section does not apply to Master Police Officers.
14.5.2 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 one
(1) work week, 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.
14.6 Calculation of Assignment Pay. Assignment Pay as set forth in this section shall be
added to the employee's base pay after any incentive pay is added. For example, if an
employee receives incentive pay and assignment pay, the employee'slbase pay would be
AN
increased by the appropriate amount for incentive pay and then multiplied by4the appropriate
ment
assignment pay multiplier. Assignpay shall normally not compound or pyramid except
that an employee assigned as a Detective or SRO may receive other assignment pay if the
assignment occurs concurrently with the assignment as Detective or SRO.
ARTICLE XV - UNIFORMS
15.1 Uniforms. Uniforms, including approved footwear (as needed) and other protective
clothing or safety wear, including duty belts an tl 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.
15.2 Uniform Cleaning. Uniform cleaning will be provided by the City in a manner such that
employees shall have sufficiently clean uniform clothing to wear, normally one uniform per
work week. 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
detective 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 provisionin 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 clothes washer. Cleaning under this
section shall be limited to applicable clothing that needs cleaned because of work-related use,
and shall not be excessive.
16.1 Educational Reimbursement. T,he City will reimburse an employee for 50% of tuition
paid by the employee for college courses.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;
Id.The
e employee does not receive reimbursement for tuition from any other source;
course is through a regionally accredited institution of higher education;
.ke coursework and course attendance are conducted outside the employee's
regular working hours;
f. The employee submits evidence of satisfactory completion of the course with a C or
better oassing grade.
16.2 Travel Expenses. Men an employee is required or otherwise authorized to travel
outside the County on City business, reimbursement for expenses incurred shall be determined
in accordance with City policy except 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.
b. 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 is all inclusive and
covers all travel expenses including vehicle, fuel, parking, insurance and
maintenance expenses of the vehicle.
c. If more than one City employee is traveling to the same location, the most
economical mode of travel should be used, including ride sharing and vehicle rental.
16.2.1 Meals. Payment of meals eaten while on official trips shall be limited to the
amount of actual and reasonable expense incurred during the performance of duty as a
City employee for the City's benefit. Authorized mealsduringapproved travel shall be
purchased using the City -issued purchasing card whenever possible. The following rates
will be considered maximum amounts for travel expenses unless specifically authorized
by the Department Head:
Breakfast
$10.
Lunch
$134
Dinner
/214
$-21
The total allowable amount for three me
employee's approved travehinvolves more t
trip, the employee can spenkN
the ai
meals, at their discretion, as lhe tot
exceed the aggregate amount allowed fortf
eanyone day will be$44.00. If an
al due to the actual length of the
rized combined total amount for those
(Dense for the allowable meals does not
Meals included in the cost of lodging (i.e., brealkfast), or included in the cost of event
registration, shall not be compensate`d�J twice. Employees electing to not participate
in such included meals shaWb.e personally responsible for any additional meal expenses.
4� „,.
Snaeks or "coffee breaks' msaddit(on to meals are not normally considered meals under
IQ2�2 Lodging. Employees traveling in accordance with this Section shall be approved
for reasonable actual costs for lodging.
lem IBM
16.2.3 Use oftPurchasing Card. Employees shall use their city -issued purchasing card to
pay for approved travel expenses including lodging, airfare or rental vehicle, and
authorized meals. Itemized receipts accounting for all purchasing card transactions shall
be submitted in a timely manner.
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 through
payroll provided they submit itemized receipts for club membership within 6 months.
16.4 Taxation. All reimbursements are subject to being taxed in accordance with IRS
code. If an employee uses a purchasing card for travel -related meals that are taxable, the
employee must submit copies of purchasing card receipts with their timesheet.
ARTICLE XVII —VACATION
17.1 Accrual. Paid vacation leave shall accrue on the following basis for full time employees:
Service Time
Monthly
Accrual
Annual Accrual
0-5 Years
62/3
Hours
80 Hours
5 — 10 Years
10
Hours
120 Hours
10 — 15 Years
13 1/3
Hours
160 Hours
15+ Years
162/3
Hours
200 Hours,
a. Vacation leave shall accrue on a mon
hire.
Maximum Accrual
160 hours
240 hours
320 hours
400 hours
upon the employee's date of
b. New, probationary employees shall not be eligible to use vacation leave until they
have completed six (6) full months of employment. If the employee resigns or is
terminated during this six month period, no vacation payout will be owed.
c. Vacation leave shall accrue diar:ing any paid leave of absence except when the paid
leave being used is from the donated4sick leave bank.
d. Vacation leave shall accrue to the employee's bankTafter the hours are worked for
the pay period and shall not be available for use until the following pay period.
e. Only vacation hours previously accrued can be used; anticipated accrual hours may
be scheduled; .but such scheduling of use must be for time after the hours are
actually accrued. Negative vacation accruwal balances are not allowed.
f.kPartime bargaining %employees shall accrue vacation leave in direct proportion
IN
l time equivalenmple, 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
17.2 Accrual Limitations. The purpose of vacation accrual is to provide employees with paid
time away from work and is not intended to accrue to unreasonable levels. Vacation leave may
accrue to a maximum of two times the annual accrual amount. Employees are responsible for
the management of their leave banks. If an employee's vacation bank balance reaches the
maximum accrual cap, the employee shall not accrue any additional vacation leave until such
time as the balance is below the cap. The one, and only, exception to the above is when an
employee has submitted a proper and timely request to use vacation in an amount of at least
one full workday and that request has been approved by an authorized approver, then the
approved request is revoked by the Chief or Captain and such revocation causes the employee
to lose vacation accrual due to having reached the cap. If the conditions of this exception occur,
the employee will be paid for the vacation hours that would otherwise be lost. This provision
shall only pertain to the loss of vacation hours due to the cap and shall not be construed as to
prevent the City from denying or revoking vacation requests on the basis of operational needs.
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 timeMduring the calendar year, to use
the full amount of the vacation credit which s/he will accumulate in twelve months of
continuous service.
Vacation scheduling selections shall be made of
each employee will be permitted to exercise h`
bid process. No employee will be allowed to us.
scheduled vacation. See Article 9.3.3 Seniority
Ibasis of bargaining unit seniority. However,
r right of seniority only during the vacation
/her seniority to cancel another employee's
ition andT.ime Off Bidding
The City shall post a vacation calend'auring the month of`December for vacation "bidding" for
the following calendar year. The Cityamay designate certain dates as restricted for vacation
scheduling for legitimate operational needs. Restricted dates shall be limited to one sworn
bargaining unit employee bidding that day off. Bidding will be done by bargaining unit
seniority. Each employee, in descending order, of seniority, will be allowed to select one
continuous vacation period from the available dates on the calendar, not to exceed two work
-vh 4R
weeks without the approval of U.",hief. Onc each employee has had the opportunity to
make a vacation selection oh the basis of seniority, each employee shall have a second
opportunity to make vacation selections base�on seniority. Once the second round of
seniority�-'based selections are made all other vacation scheduling shall be without regard to
seniority and'
be considered on a first-come, first-served basis, in accordance with staffing
requirements as determined by the City.
The City will respond to vacation requests after the annual seniority bid process without
unreasonable delay, and if submitted at least 14 calendar days in advance, within 10 calendar
days of the receipt.
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. Once each fiscal year, an employee may request to sell back to the City up to
forty (40) total hours of accrued vacation time or accrued holiday time, or a combination
thereof, in excess of eighty (80) vacation hours. Employees choosing to exercise this option
must advise the City in writing, through the department manager. 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 eight hours of 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 MayAsilw
(e) Independence Day, July 4
(f) Labor Day, first Monday in September
(g) Veterans' Day, November 11
(h) Thanksgiving Day, fourth Thursday in November
(1) Day after Thanksgiving Day
(j) Christmas Day, December 25 As
(k) Day before Christmas, December 24
(1) Two (2)floating holidays
1
nployee is scheduled to wo
led to work after the holiday.
Holi
against such leave. If
shall be given as a holi
shall be given as the hi
Friday shall be given a
Monday shall be given
the City holiday.
have worked or have been on paid leave
lay following a holiday in order to receive
ment shall be entitled to time off with pay
sated in proportion to the number of hours
vork, regardless of whether or not the part -
OW
oliday, provided the part-time employee is
iys which occur during vacation or sick leave shall not be charged
a holiday listed in 18.1 falls on a Sunday, the following Monday
ay unless Monday is already a holiday, then the preceding Friday
liday. If a holiday listed in 18.1 falls on a Saturday, the preceding
?tvhe holiday unless Friday is already a holiday, then the following
as the holiday. Holidays must be used on the day established as
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 Holiday Accrual: Full-time, Sworn Personnel. Holiday compensation time may accrue to
a maximum of 104 hours. From July 1, 2013 through June 30, 2014, full-time, sworn personnel
shall accrue eight and two thirds (8.67) hours of paid leave each calendar month in lieu of
holiday compensation. Effective July 1, 2014, full-time, sworn personnel shall no longer accrue
holiday time on a monthly basis. Instead, on July 1, 2014 and January 1, 2015, full-time, sworn
personnel shall be credited with 52 holiday hours (for a total of 104 hours annually). Credited
hours will be prorated for new employees. Effective July 1, 2015, 104 holiday hours will be
credited once each year on July 1. Credited hours shall be subject to the 104 hour cap. For
example, if an employee has more than 52 hours in their holiday bank as of June 30, 2014, the
number of hours to be added to the bank shall be adjusted so that the total is not more than
104 hours.
Holiday leave shall be utilized in accordance wi
hour -for -hour basis. An employee on paid lez
employee's holiday bank reaches 104 hours, no
bank is below 104 hours. Holiday hours in excess
established department procedures on an
shall accrue holiday leave time. If an
N hoursishall accrue until such time as the
compensation. The one, and only, exception to this flim
o take
made a proper and timely request tholiday time ofi
request, then the approved request is subsequently revoke
that would be forfeited due to the revoc'on shall be eoml
pay.
Time off requests must be submitted 24
requests without unreasonable de , bu
request.
18.3 'Holiday Se
with Section 1=7.5.
)ur cap shall be forfeited without
of hours is if an employee has
d has received approval for such
K the Chief or Captain, any hours
OP
sated at the straight time rate of
lours in advance. The City will respond to time off
in all cases within 10 calendar days of receiving the
opt to sell back earned Holiday hours in accordance
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, for 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, and under the federal
and state Family Medical Leave Acts. 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/her absence to the
designated department representative as soon as possible and prior to the time s/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 his/,
representative. An employee is required to provide her supervisor with sufficient
information about his/her absence to allow the supervisor to reasonably determine the need
for or applicability to leave under the federal and/,or state Family Metlical Leave Act(s).
19.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at
VOIL
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, while using donated sick leave, or while on layoff status except as
NOK
required under state or federal law; however, the returning employee shall have any previously
accrued sick leave restored upon return to employment.
19.6 Immediate Family. Except as otherwise permitted under the city's Family Medical Leave
and/or Sick Leave Bank policy, "immediate family member' for the purpose of this Article only
shall mean spouse, domestic partner, dependent child, father, mother, minor brother, minor
sister,.and grandpar�Has
er relative living in theemployee's household, or other individual
for which1the employlegitimate and ongoing caretaker relationship.
19.7 Integration of Paid SicklLeave 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 time loss , prorated charges of 1/3 of the employee's regularly scheduled work
hours 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.
19.8 Retirement. Unused sick leave accrual balances will be reported to PERS upon
separation from employment. Employees may utilize unused sick leave accrual upon retirement
in accordance with any benefits as provided for in PERS and applicable legislation.
ARTICLE XX - LEAVE Of ABSENCE WITH PAY
20.1 Bereavement 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 additional leave, including use of accrued sick
leave. The employee shall make a reasonable effort to notify the Department Head of the need
for the leave and/or additional days in advance of the absence. "Immediate family' for the
purpose of this section shall include spouse or domestic partner; child, step child, child -in-law,
foster child, or person for whom the employee stood in loco parentis; parent, step parent,
Alh
parent -in-law, foster parent, or person who stood in loco parentis; sibling, step sibling, sibling -
in -law, or foster sibling; grandparent, step grandparent, grandparent -in-law, or foster
grandparent; or grandchild, step grandchild, or foster grandchild.
20.2 Funeral Leave. When an employee
participates in, as opposed to merely atteii
granted time off with pay, not to exceed four
20.3 Civic Responsibility. The City
to perform civic duties that may
addresses how the performance c
schedule, work cycle, work shift, pay
servve Meas a pallbearer, or in some other way
id, a funeral ceremony, the employee may be
lours, to perform such duty.
tes that City employees are occasionally required
with their scheduled work shift. This Section
sponsibilities shall affect the employee's work
20.3.1 Work-RelatedCourt 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 Art,_iele 11— Hours of Work and Overtime.
20g3f2 Noon Work-RelatedCou`rtAppearance. When an employee is subpoenaed to
testify or appear ih couNthe
n in awofficial capacity and where the employee is
not personally involvedn as the plaintiff, the defendant, the object of the
investigation, or for theproviding character testimony for a friend or family
member, Me 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.
20.3.3 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.
20.3.4 Civic Duty Between Night Shifts. Employees who are required to appear in court
between two consecutively scheduled night shifts for work-related testimony in
accordance with 20.3.1 shall be compensated in accordance with Article 11.2.1.
Employees who are required to appear between two consecutively scheduled night
shifts for non work-related civic dutyeas set forth in Section 2Qe3.2 or 20.3.3 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 shift the night after such civic duty shall be adjusted on an
hour -for -hour basis forthe 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
20.3.5 _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-
celated. 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
leavelin accordance with department policy 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
responsibilitieswith less than forty-five (45) minutes left in their scheduled work shift.
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.
20.4 Military Leave. Military leave of absence shall be granted in accordance with City policy
and state and federal Law.
20.5 Conferences/Meetings. Time actually 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
City policy, as well as state and federal law, regarding Fa
21.2 Military Leave. Military leaves of ab
policy and state and federal law.
21.3 Other Leave Without Pay. Notwithstandi
and Uniformed Services Employment and Reemp
probationary employee may be granted a leave
exceed one (1) month. Requests for leave of abs
directed to Police Chief, and shall contain justif
requests shall be at the sole discretion of the Po
shall not be arbitrary or discriminatory. No4t4cour
USERRA, no employee shall receive more than e
absence in any three (3&gar period
21.4
��
IK
W;
es shall be covered by current
Medical Leave.
in accordance with City
the Family and Meiical Leave Act (FMLA)
me "nt K,, ,hts Act (USERRA); a regular, non -
absence without pay fora period not to
ce without pay shall be in writing, shall be
ion for approval. Approval of such leave
Chief, except that any denial of a request
g any such leave covered under FMLA and
aggregate of thirty-one (31) days leave of
policy regarding benefits accrual during
ees covered by this Agreement.
22.1 Medical Dental and Vision Insurance. The City shall provide a mutually agreed upon
medical, dental amend vision insurance package for the employee and their dependents as
follows:
1. Medical — substariti5a�lly similar on the whole to Teamsters G/W Plan
2. Dental — substantially similar on the whole to Teamsters D-6 Plan
3. Vision — substantially similar on the whole to 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 "cashing out" accrued leave time (vacation, holiday or compensatory time)
does not constitute hours worked or compensated hours for the purpose of determining
insurance eligibility. 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. Effective July 1, 2010, the City shall
pay ninety (90) percent of the cost of the employee'shealtfi insurance premiums with the
employee paying the remaining ten (10) percent through payroll deduction.
22.3.1 Payment of Premiums. All health insurance premiums paid by the City on behalf
ASW
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
except as otherwise provided for in a separation agreement. NM
kr
22.3.2 Part-time Employees. Health insurance premium contributioall be made on
a prorated basis for bargaining unit employees qualifying for insurance coverage but
working less than full time. NW
22.4 Section 125. Jn the -we ent the employee is required to pay a portion of the health
insurance contribution in accordance with 223, 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,, th'e employer may, in its discretion, institute an
IRS Sectio�1QSF16xjble Spending Arrangement plan and make such plan available to all
employeesary�basis at,any time 'd- life life of this agreement.
Health Reir i6ursementtTA'r.raneement. The City shall contribute $145 per month
to a Health Reimbursement Arrangement through a Voluntary Employees'
Beneficiary Association (hereinafter referred to as HRA or HRA VERA) under Section
501 (c) (9) of the Internal Revenue Code for each full time employee of the
bargaining unit. )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 91st 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. Employees are
required to abide by all City safety policies and procedures, injury reporting requirements and
protocols, and return to work policies and procedures.
ARTICLE XXIV - OUTSIDE EMPLOYMENT
24.1 Outside Employment. No full-time bargaining
employment, whether part-time, temporary or permane
the Police Chief. Each change in outside employment shy
24.2 Approval. To be eligible for app
criteria:
a. Be compatible with the employee's City
b. In no way detract from the efficiency of tl
c. In no way conflict with the inteeest of the
mployee shall accept outside
out prior written approval from
e.separate approval.
employment must meet the following
24.3 Response. A written response to a request for ou
provided within seven (7) business days of the request. li
the Police Chief, the employee may request a. review by
Manager's decision shall be final and any denial of such
grievance procedure.
ae in his/her Cityawork; and
a discredit to the City.
iployment approval shall be
loyee's request is denied by
Manager, however, the City
shall not be subject to the
25.1 Discipline. No regular, non -probationary employee shall be disciplined or discharged
except for justcause. Discipline for conduct or performance will normally be progressive.
However, 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, counselWingor her oral communication, as well as supervisory entries in
"Guardian Tracking" or other similar system, 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 unduly 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. Disciplinary action, if protested, shall be protested through the
grievance procedure, Article 26, Grievance Procedure. However, oral reprimands, counseling,
verbal warnings, other oral communications, or entries in a performance tracking system shall
not be subject to the grievance procedure and written reprimands may be processed only to
Step 3 of the grievance procedure.
25.5 Union Representation. An employee shall, upon request, be allowed to have a Union
representative present at disciplinary meetings.
ARTICLE XXVI - GRIEVANCE PROCEDURE
26.1 Definition. A grievance is defined as a cl"aim 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, 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 m writing. If/,He wishes, the employee involved may be accompanied at any
grievance„related meeti%y 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/lie 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 Chief's decision, that
the City Manager review the decision. Within ten (10) business days, the City Manager
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
Manager'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 informalpand private, and shall include
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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 arbitrate tl or subject to arbitration unless such
issue results from an action or occur.eence which takes place following the execution
date of this Agreement, and no ar.,bitration determination or award shall be made by the
arbitrator whatsoever prior to the execution date of this Agreement. In case of a
grievance involvineo
g 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 Exoeri'ses. Expenses for the arbitrator's services and the proceedings shall be borne
equally by both parties. However, each party shallbe 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 aebitratorfinds 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 in any strike, slowdown, picketing, boycott, sMML
i-APck-out or other interruption of work
during the term of this Agreement. �
27.3 Union Responsibility. Should a strike, slo
of work occur, the Union, upon receiving noti
other interruption of work which it has not
terminate such activity and induce the employ
takes such action, it shall not be 'held liable
employees involved.
27.4 Discipline. In
boycott, sick-out or c
employee(s) shall bets
27.5
benefits
28.1 SayI ng SlCIa us
and unenforceabletb
apply only to the
remainder of this Af
Article. Upon such
possible, for the inval
down, picketing, boycott or other interruption
of a strike, slowdown, picketing, boycott or
thorized, Will take all reasonable steps to
e oncerRYto return to work. If the Union
by QL ity for unauthorized activity of the
the event employees) piftiEipate in`-a"strike, slowdown, picketing,
ww
they interruption of work im,Zolation of this Article, the participating
�� '+ems
i5ject to disciplinary action which may include discharge.
t
Nefits.Itis' understood that employees shall not be entitled to any
soever while they are engagedein such work interruption.
GS CLAUSE
Should any Article or section thereof of this Agreement be held unlawful
any CourtJof competent jurisdiction, such decision of the Court shall
cific Article or section thereof directly specified in the decision. The
I'll
eement shall remain in effect pursuant to the terms of the Duration
VOW W_
klaration, the parties agree to immediately negotiate a substitute, if
ate rtion thereof.
ARTICLE XXIX - DURATION
29.1 Duration. This Agreement shall be effective as of July 1, 2013 and shall remain in effect
through June 30, 2016.
ARTICLE XXX - EXECUTION/SIGNATURES
Executed this _ day of 2013 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
Clayton Banry,Secretary-Treasurer
Brent
CITY OF CENTRAL POINT, OREGON
Mayor
Y
APPENDIX A
POLICE BARGAINING UNIT
PAY SCHEDULE
Monthly rates based on 173.33 hours per month
Effective July 1, 2013
Includes a 1.6% COLA
Non -Sworn Positions
Police Support Specialist
Community Services Officer
Sworn Positions
Police Officer
Cf�Z�IlitXf:E � � :if�f:�f:�l�l
Master Police Officer P150. 4431 -'*,V;4653 4886 5130 5386
Jded to the pay -scale in accordance with Article 12.3.1.
lary scale'sliall be`adjusted by a percentage equal to the average
-P.I. — U (Jan 2014 — Jan 2015) with a minimum of 0% and a
r sh_a_lLbe 5% over the lower step (A * 1.05 = B, B * 1.05 = C, etc.).
Steps
Grade A B
C D E
Pilo 2945 3094
3248 3411 3581
P117 3126 3282
3446„ 3619 3800
Cf�Z�IlitXf:E � � :if�f:�f:�l�l
Master Police Officer P150. 4431 -'*,V;4653 4886 5130 5386
Jded to the pay -scale in accordance with Article 12.3.1.
lary scale'sliall be`adjusted by a percentage equal to the average
-P.I. — U (Jan 2014 — Jan 2015) with a minimum of 0% and a
r sh_a_lLbe 5% over the lower step (A * 1.05 = B, B * 1.05 = C, etc.).