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ORDINANCE NO. 8535
AN ORDINANCE APPROVING AND ENACTING THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY
OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD
OF POLICE OFFICERS LOCAL 537 COMMENCING
JANUARY 1, 2013
WHEREAS, the corporate authorities of the City of Pueblo and the sole and
exclusive bargaining agent of the classified employees in the police officers bargaining unit,
i.e. International Brotherhood of Police Officers Local 537, have negotiated a collective
bargaining agreement commencing January 1, 2013 (the “Labor Agreement”); and
WHEREAS, the Labor Agreement has been reduced to writing and signed by said
parties pursuant to the requirements of Section 8-14(l) of the Charter, City of Pueblo,
Colorado; and
WHEREAS, Section 8-14(l) of the Charter of the City of Pueblo, Colorado, further
requires that the Labor Agreement be enacted as an Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Collective Bargaining Agreement between the City of Pueblo and the
International Brotherhood of Police Officers Local 537 commencing January 1, 2013, a copy
of which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved and enacted as an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute the Collective Bargaining
Agreement in the name of the City.
SECTION 3.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED: November 12, 2012
BY: Sandy Daff
COUNCIL PERSON
PASSED AND APPROVED: November 26, 2012
Background Paper for Proposed
ORDINANCE
DATE:AGENDA ITEM # S-7
November 12, 2012
DEPARTMENT:
Office of the City Manager
James F. Munch, Interim City Manager
Jenny M. Eickelman, Interim Deputy City Manager
TITLE
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY OF PUEBLO AND THE INTERNATIONAL
BROTHERHOOD OF POLICE OFFICERS LOCAL 537 COMMENCING JANUARY 1,
2013
ISSUE
Shall the IBPO Local 537 Collective Bargaining Agreement be approved and enacted as
an Ordinance?
RECOMMENDATION
City Administration recommends the IBPO Collective Bargaining Agreement be
approved and enacted as an Ordinance.
BACKGROUND
The current collective bargaining agreement between the City and IBPO 537 expires on
December 31, 2012. Pursuant to the requirements of the Charter, City of Pueblo,
Colorado, the City and IBPO 537 commenced negotiations with respect to a successor
contract in June 2012. Through the negotiations process, the parties were able to reach
an agreement on a successor contract. On September 6, 2012, the agreement was
reduced to writing and signed by the parties. Pursuant to §8-14(l) of the Charter, City of
Pueblo, Colorado, the agreement must be enacted as an Ordinance.
The successor contract contains the following changes with respect to the prior
contract:
Article 2 Term of Agreement: The term of the Agreement was changed to
reflect calendar year 2013.
Article 4 Management Rights: The right “to evaluate job performance for
any employment-related purpose” was added to Section 4.2.
Article 5 Discrimination: The terms “sexual orientation” and “ancestry” were
added to existing language regarding the prohibition of
discrimination against an employee.
Article 6 Union Business Leave: Clarifying language was added to Sections
6.4 and 6.6 to identify Union Business Leave and to correct
grammar errors, respectively.
Article 11 Training Officer: Language was changed to reflect the appropriate
training officer pay for officers working a 4 by 10 schedule in the
Operations Bureau as opposed to a 5 by 8 schedule.
Article 13 Utilization of Special Skills: Officers assigned as SWAT Officers
will be paid $100 for each month in which they respond as SWAT
Officers to a SWAT call-out. This pay is similar to the pay currently
received by the Ordnance Technicians (Bomb Squad).
Article 14 Appointments: If a position is not filled through reinstatement,
demotion, or re-employment, the City fills the position from a civil
service eligible list. The number of names to be certified for the
eligible list was increased from three to five of the highest ranking
persons. Likewise, in Section 14.3(e) if less than five names
remain on an eligible list, the City Manager may either request that
the Commission establish a new eligible list, or may accept a
certification of less than five names.
Article 15 Reduction In Force: In Section 15.4, failure of any party to reach
agreement on any matter raised at a meeting to discuss reduction
in force shall not be indicative of bad faith, nor shall such failure
initiate the grievance or arbitration procedures. The words “or
arbitration” were added to this section.
Article 16 Salary: All Bargaining Unit employees will receive a 0.7% salary
increase.
Article 17 Overtime Compensation: In Section 17.3, an officer called back to
work after the completion of his regular shift, and before the start of
his next regular shift, is paid overtime. The minimum number of
overtime hours required to be paid by the City in this situation was
reduced from four hours to two hours. In Section 17.9, the number
of voluntary overtime lists for patrol was increased from six to eight.
Language was added to clarify that the Sergeant voluntary overtime
list and Patrol Officer/Corporal voluntary overtime list would be
established for each start time.
Article 18 Rate of Pay and Appointment to Temporary Duty in a Higher Class:
Language was added to clarify the step-up process and to provide
that officers who have been disciplined within the last year are not
eligible for step-up to a higher classification for a period of one
year.
Article 25 Vacation Leave: Vacation accrual and vacation sell-back language
was changed to reflect hours rather than shifts (as provided by
Ordinance 8404, Amended 2012 Collective Bargaining Agreement).
Article 26 Holidays: Language related to Holiday benefits and personal leave
was changed to reflect hours rather than shifts (as provided by
Ordinance 8404, Amended 2012 Collective Bargaining Agreement).
Article 27 Sick Leave: Language related to sick leave benefits was changed
to reflect hours rather than shifts (as provided by Ordinance 8404,
Amended 2012 Collective Bargaining Agreement).
Article 33 Work Schedule: Language from the amended 2012 contract
relating to and providing for ten hour shifts for officers assigned to
the Operations Bureau was inserted into the 2013 Collective
Bargaining Agreement. Additional language was added in Section
33.1B(2) that provides for a modified work schedule for the
purposes of professional development training up to a maximum of
three times annually.
Article 39 Severability, Savings, and Amendments: In Section 39.2.1, failure
of any party to reach agreement on any matter raised at a special
conference shall not be indicative of bad faith, nor shall such failure
initiate the grievance or arbitration procedures. The words “or
arbitration” were added to this section.
Article 44 Shift Assignment: Language was inserted in Section 44.3 to allow
for the assignment of an officer to a frozen shift from a different
division based upon the operational needs of the department on a
temporary basis not to exceed 80 work days in each calendar year.
In Section 44.4, the maximum number of work days that an officer
can be transferred from one frozen shift to another within the same
division was increased from 60 work days to 80 work days.
MISC. Minor grammar, punctuation, and other insignificant errors were
corrected in Articles 12, 13, 17, 23, 29, 30, 35, 37, and 45.
FINANCIAL IMPACT
This negotiated successor agreement provides a 0.7% across-the-board increase in
wages. Employees will also receive appropriate step increases in 2013. The terms of
the successor agreement in fiscal year 2013 will cost an approximate total of $352,667,
which includes estimated costs of $75,661 for across-the-board salary increases and
associated benefits, $248,259 in step increases, $6,283 in training officer pay, and
$22,464 in SWAT pay. Insurance costs are estimated to increase approximately 9%.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
INTERNATIONAL BROTHERHOOD
OF POLICE OFFICERS
LOCAL 537
CONMENCING JANUARY 1, 2013
Table of Contents
ARTICLE 1. PREAMBLE 1
ARTICLE 2. TERM OF AGREEMENT 1
ARTICLE 3. RECOGNITION 1
ARTICLE 4. MANAGEMENT RIGHTS 1
ARTICLE 5. DISCRIMINATION 2
ARTICLE 6. UNION BUSINESS LEAVE 3
ARTICLE 7. RULES AND REGULATIONS 5
ARTICLE 8. STRIKES 5
ARTICLE 9. SAFETY 5
ARTICLE 10. TRAINING 6
ARTICLE 11. TRAINING OFFICER 7
ARTICLE 12. EDUCATIONAL INCENTIVE 8
ARTICLE 13. UTILIZATION OF SPECIAL SKILLS 9
ARTICLE 14. APPOINTMENTS 10
ARTICLE 15. REDUCTION IN FORCE 14
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ARTICLE 16. SALARY 15
ARTICLE 17. OVERTIME COMPENSATION 16
ARTICLE 18. RATE OF PAY AND APPOINTMENT TO TEMPORARY DUTY
IN A HIGHER CLASS 22
ARTICLE 19. COURT TIME 23
ARTICLE 20. RESERVED 24
ARTICLE 21. UNIFORM ALLOWANCE 24
ARTICLE 22. AUTOMOBILE ALLOWANCE 25
ARTICLE 23. INSURANCE 25
ARTICLE 24. MILITARY LEAVE 28
ARTICLE 25. VACATION LEAVE 29
ARTICLE 26. HOLIDAYS 32
ARTICLE 27. SICK LEAVE 34
ARTICLE 28. FUNERAL LEAVE 37
ARTICLE 29. DUTY DISABILITY - INJURY LEAVE 38
ARTICLE 30. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY 41
ARTICLE 31. COMPENSATION DURING PAID LEAVE 42
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ARTICLE 32. LEAVES OF ABSENCE 43
ARTICLE 33. WORK SCHEDULE 45
ARTICLE 34. REPORTING 47
ARTICLE 35. MISCELLANEOUS PROVISIONS 48
ARTICLE 36. DISCIPLINE AND DISCHARGE 50
ARTICLE 37. GRIEVANCE PROCEDURE 52
ARTICLE 38. PAYROLL DEDUCTION OF DUES AND FEES. 59
ARTICLE 39. SEVERABILITY, SAVINGS, AND AMENDMENTS. 62
ARTICLE 40. WAIVER AND NOTICE 63
ARTICLE 41. OTHER CONDITIONS 64
ARTICLE 42. ENTIRE AGREEMENT 65
ARTICLE 43. PENSION CONTRIBUTION 65
ARTICLE 44. SHIFT ASSIGNMENT 66
ARTICLE 45. SHIFT DIFFERENTIAL 68
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ARTICLE 1. PREAMBLE
This Agreement is entered into by and between the City of
Pueblo, hereinafter referred to as the "Employer" or the "City ",
and Local 537 of the International Brotherhood of Police Officers,
hereinafter referred to as the "Union ".
It is the purpose of this Agreement to maintain harmonious
relations between the Employer and the Union; and to provide for
equitable and peaceful adjustment of differences which may arise
and to establish proper standards of wages, hours, and other
conditions of employment.
ARTICLE 2. TERM OF AGREEMENT
The term of this Agreement shall be one year beginning
January 1, 2013 and concluding December 31, 2013.
ARTICLE 3. RECOGNITION
The City recognizes the Union as the sole and exclusive
bargaining agent of all certified peace officers in the classified
service of the Police Department employed by the City of Pueblo,
with the exception of Captains, Majors and any other equivalent or
higher class for the purpose of negotiating with the City with
respect to wages, rates of pay, hours, grievance and disciplinary
procedures which may result in arbitration, working conditions,
and all other terms and conditions of employment of the Police
Officers included in the bargaining unit as provided by Charter.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogatives of the City
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to operate and manage its affairs in all respects in accordance
with its authority, discretions, responsibilities, and powers of
authority as set forth under the Constitution and laws of the
State of Colorado and the Charter of the City of Pueblo.
4.2 Except as otherwise specifically provided herein,
the management of the City, the direction of the work force,
including, but not limited to, the right to hire, to discipline or
discharge for just cause, to decide job qualifications for hiring
and promotion, to evaluate job performance for any employment -
related purpose, to lay -off, to establish or abolish positions, to
make rules and regulations governing conduct and safety, to
determine the mission of the City and the means and methods by
which it is to be achieved, to determine schedules of work, to
subcontract work, together with the right to determine the
methods, processes and manners of performing work, are vested
exclusively in the City.
4.3 This Agreement, shall, in all respects, wherever
the same may be applicable herein, be subject and subordinate to
the provisions of the Charter of the City of Pueblo. This
Agreement is further subject and subordinate to all applicable
statutes, constitutional provisions, and any revisions, amendments
or newly adopted provisions of said statutes, Charter or
constitutional provisions, as may hereafter be enacted.
ARTICLE 5. DISCRIMINATION
The Employer and the Union recognize that they are bound by
2
State and Federal law prohibiting discrimination against any
Employee because of the Employee's race, color, religion, sex,
sexual orientation, ancestry, national origin, disability,
engagement in lawful activities pursuant to C. R. S. § 24 -34-
402.5, age (as variously defined) or handicap. Additionally, the
parties recognize the Charter provisions prohibit certain
discrimination on the basis of politics and political affiliation.
ARTICLE 6.UNION BUSINESS LEAVE
Members of the Union as may be elected or designated as
officers, stewards or members of the negotiating committee, to
represent the Union shall be granted leave from duty, with no loss
of pay, under the following terms and conditions during the term
of this Agreement:
6.1 It is understood and agreed that although police
officers may be paid while on Union business leave, they are not
to be considered as being within the scope of their employment
while travelling to, attending, or returning from, any meeting or
convention.
6.2 The Union shall select not more than ten (10) Union
Stewards whose names shall be furnished to the City and the Chief.
Stewards shall, to a reasonable extent, be allowed duty time for
the purpose of processing and discussing grievances. For each
grievance, only one (1) Steward at any given time shall be allowed
duty time in accordance with this Section.
6.3 Members of the Union's negotiations committee, not
3
to exceed three (3), shall be granted leave from duty with no loss
of pay or benefits for all meetings between the City and the Union
for the purpose of negotiating directly or indirectly the terms of
a successor Agreement.
6.4 EXECUTIVE BOARD. Elected officers of the Local
to -wit:
President, Vice- President, Secretary and Treasurer or members of
the Executive Board, shall be granted Union Business Leave to
attend meetings of the Union, within the City of Pueblo, if said
meetings occur during a regular shift of those attending. The
aggregate maximum of off duty shifts for all Officers and
Executive Board members allowed under this Agreement shall not
exceed thirty (30) per calendar year. It is understood that those
officers granted Union Business Leave under this Section shall be
on call during attendance at such Union meetings. An elected
officer of the Union shall be granted Union Business Leave from
duty, upon his request, when his performance of duties for the
Union by attendance at arbitration or participation in collective
bargaining have significantly reduced his ability to perform his
regular duties.
6.5 The privileges granted herein shall not be abused,
or unreasonably exercised.
6.6 Union officers and stewards using paid Union
Business Leave shall notify their supervisor when leaving duty and
when reporting back to duty.
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ARTICLE 7. RULES AND REGULATIONS
The Union agrees that its members shall at all times be bound
by and comply with all Police Department rules and regulations, as
same may be amended from time to time, including those relating to
conduct and work performance. Such rules and regulations shall
not be in conflict with applicable Colorado or federal law or the
express terms of this Agreement.
ARTICLE 8. STRIKES
8.1 Employees in the bargaining unit are prohibited
from engaging or participating in any strike, work stoppage, work
slowdown, or mass absenteeism involving employees of the City of
Pueblo or the City of Pueblo.
8.2 The Union agrees not to engage in such action nor
to encourage or condone or participate in any such activity by
employees in the bargaining unit.
8.3 Nothing contained herein shall be construed to
affect the right of the City to enforce this Article through
judicial process.
ARTICLE 9. SAFETY
9.1 The City agrees to establish a safety committee
consisting of at least two (2) representatives of the Union and
two (2) representatives of the Command Staff of the Police
Department.
9.2 The safety committee will consider and make
recommendations to the Police Department concerning matters
S
affecting the safety of police officers, including, but not
limited to: the design and equipment of police vehicles, safety
improvements to vehicles, chase procedures and design and
utilization of police equipment.
9.3 The safety committee shall convene within a
reasonable time after a request for a meeting by a member of the
committee.
Any request must indicate in writing the subject to be taken up at
the meeting. The City or the Union will submit a written response
on matters raised by the other party within ten (10) days after
the meeting.
9.4 If feasible, within the budget and administrative
control of the Police Department, department personnel will
implement recommendations of the safety committee. If within
control of the Union, the Union will cause to be implemented the
recommendation of said committee.
9.5 When a police officer has reasonable grounds to
believe that his assigned vehicle is unsafe, he may request an
immediate inspection by his supervisor, and submit a written
complaint, if desired.
ARTICLE 10. TRAINING
10.1 The City shall provide such in- service training in
matters relating to police duties and obligations as the City, in
its sole discretion, deems necessary and desirable. A minimum
level of 40 hours training per year is deemed desirable, but not
6
mandatory, by the parties. Training may include activities other
than classroom training related to an officer's duty assignment.
10.2 Whenever the Chief receives notice of any special
training school in the law enforcement field, he shall place a
copy of it in the Police Union Box or some similar designated
place at the Pueblo Police Department Building, 200 South Main
Street, Pueblo, Colorado, utilized in transmitting written
communications from the Police Department to the Union. Any
police officer desiring to attend such school may apply to the
Chief in writing for permission to do so. The Chief has the right
to send or not to send any officer to such school and to select
which officer (if any) will attend the school.
10.3 The City recognizes its responsibility to maintain
requirements for firearms training and practice.
10.4 The City shall make available ammunition at its
expense for any City mandated firearm training and practice.
10.5 The Union may make recommendations to the Chief of
Police concerning in- service training matters. The failure of the
Chief of Police to implement such recommendations shall not
initiate grievance or arbitration procedures under this Agreement.
ARTICLE 11. TRAINING OFFICER
Police Training Officers in the Operations Bureau working a 4
by 10 work schedule shall be selected by the City based upon the
City's judgment relative to experience, knowledge and ability to
effectively supervise and train. Such officers shall receive the
7
sum of eighteen dollars and seventy -five cents ($18.75) for each
work shift during which they perform duties as a Police Training
Officer.
ARTICLE 12. EDUCATIONAL INCENTIVE
12.1 Upon recommendation of the Chief and after prior
written approval of the City Manager, the City of Pueblo shall
reimburse a permanent, full -time employee upon successful
completion of an approved course or courses in educational or
vocational training. The course for training must be related to
the work, be designed to improve competence in the job, and be of
value to the employee's services to the City. The amount to be
reimbursed shall be seventy -five percent (75%) of the actual cost
of tuition, fees and books actually paid for by the employee. If
an employee is laid off during a period of time he is attending
school, such employee shall receive the reimbursement on a
pro -rata basis to the date of such lay -off.
12.2 In addition to any other compensation to which a
police officer may be entitled, each officer shall receive an
annual education incentive in accordance with the table set forth
below, provided that the officer has at least one year of service
with the City of Pueblo, that officers initially hired on or after
January 1, 1996, are not eligible to receive any education
incentive at the thirty semester hours level and that the other
conditions of this Article are met:
- 30 semester Hours - $200.00;
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- Associate Degree - $400.00;
- Bachelors Degree - $600.00;
- Masters Degree - $800.00.
Laid off employees eligible for the above compensation shall
receive a pro -rata payment for that portion of the year in which
they are laid off.
12.3 Educational incentive will only be paid to officers
whose education is related to law enforcement work. Additionally,
it is the responsibility of the officer to advise the City of the
level of payment to which he is entitled and to present
substantiation of the completed course work for which he claims
credit.
An employee shall be paid only the amount of money listed for the
highest of the levels he attains listed in Section 12.2.
ARTICLE 13. UTILIZATION OF SPECIAL SKILLS
The City recognizes that certain police officers, by their
own initiative, may have obtained special skills and knowledge
applicable to law enforcement work. Police officers possessing
such special skills and knowledge must advise the Chief in writing
of their possession of such special skills and knowledge and the
manner in which they were obtained. The City reserves the right,
if it is in the City's best interest, to utilize such special
skills and knowledge. Officers assigned as SWAT Officers shall be
paid one hundred dollars ($100.00) for each month in which such
officers respond as SWAT Officers to a SWAT call -out. Officers
9
assigned as Ordnance Technicians shall be paid one hundred dollars
($100.00) for each month in which they are required to respond as
Ordnance Technicians to remove or dispose of a suspected explosive
or incendiary device. Officers who are designated as "bilingual
officers" by the Chief of Police will be paid an additional fifty
dollars ($50.00) per month. In order to be designated as a
"bilingual officer ", an officer must meet the competency level
required by the City in the language designated by the City. In
order for an officer to be called upon to act as a translator, the
officer must be a designated "bilingual officer ".
ARTICLE 14. APPOINTMENTS
14.1 All entrance appointments shall be probationary for
a period of one (1) year. All promotional appointments shall be
probationary for a period of six (6) months.
14.2 The following minimum service requirements with the
City of Pueblo shall be prerequisite to Civil Service Commission
Police Department Promotional Examinations.
14.2.1 RESERVED
14.2.2 For sergeant, four (4) years total service since
the last date of hire as a police patrol officer or corporal;
14.2.3 For captain, two (2) years service as a sergeant
since the last date of promotion.
14.2.4 For the purpose of this Article, periods of time
during which an employee is off work or reduced in class due to a
reduction in force, shall not constitute service. However,
10
reinstatement subsequent to such a reduction in force shall not
constitute a new date of hire or promotion hereunder.
14.3 If a position is not filled through reinstatement,
demotion or re- employment the City shall fill the position from a
civil service eligible list in the following manner:
(a) The Director shall forward a copy of the
appropriate class specification to the Civil Service Commission,
with a request for certification of the names of the five (5)
highest ranking persons on the appropriate eligible list.
(b) The Director may also request from the
Commission further information relating to the persons certified
and to their application, examination or certification process.
(c) If any person so certified fails to accept
appointment to the position, that person shall be removed from the
list and the name of the person next highest on the appropriate
eligible list shall be certified. The Civil Service Commission
may retain on the eligible list the name of a person who refuses
an appointment only upon that person's request and for just cause.
The Director may request removal from the list of the name of a
person who does not qualify for or meet a requirement of the
position. The Civil Service Commission shall grant such request
and certify the name of the next highest ranking eligible on the
list, if the person so removed does not actually qualify or meet
requirements.
(d) If more than one vacancy is to be filled from
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an eligible list, the Director may request certification of an
additional name for the second and each subsequent vacancy.
(e) If less than five names appear or remain on an
eligible list, the City Manager may either request that the
Commission establish a new eligible list, or may accept a
certification of less than five names.
(f) If a person certified for appointment from an
eligible list is rejected or passed over twice, the City Manager
may request removal of the person from that eligible list. The
Civil Service Commission may deny such request upon the basis of
the person's qualifications.
(g) After a certification, the Director shall
select a committee of at least three persons to evaluate the
persons certified.
(h) After consultation with the involved
department or bureau head and the committee, the Director shall
forward the names of all persons certified and recommendations to
the City Manager, who shall make the final appointment.
(i) The City shall notify each eligible certified
for a vacancy of the appointment and the appeal rights available
hereunder. If not appointed, the highest ranking eligible for
each vacancy may appeal his rejection to the Civil Service
Commission by filing a written notice of appeal within five (5)
days after receipt of the notice of appointment. The Commission
shall hear the appeal within five (5) days of the filing of the
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notice of appeal. The City and the individual appointed shall
also be notified of the hearing and be given an opportunity to be
heard. The person filing the appeal shall have the burden of
proving that the City Manager's appointment was arbitrary,
capricious or a clearly unwarranted abuse of discretion. If the
Commission sustains the appeal, the appointment shall be vacated
and the appellant shall be appointed to the position by the City
Manager pursuant to the decision of the Commission retroactive to
the date of the original appointment.
(j) The Commission shall render its decision
within five (5) days after the hearing which shall be final and
binding subject only to judicial review pursuant to Rule 106,
C.R.C.P.
14.4 Corporals shall be appointed pursuant to this
section without examination or selection pursuant to the other
provisions of this article. When a vacancy in such a position
occurs, and the City decides to fill such vacancy, the person with
the greatest continuous length of service as a patrol officer
shall be appointed to such position. For the purpose of this
Article, it will be understood that Corporal is a pay grade and
not a rank.
14.5 All promotional appointments shall be probationary
for a period of six (6) months. If the Chief of Police determines
that an employee during such period has not fulfilled the
requirements of the position, he may demote such employee to his
13
former position. Such demotion shall be subject to appeal to the
Civil Service Commission pursuant to the ordinances and Charter of
the City and shall be sustained unless the Commission, after
hearing, determines the action of the Chief constituted an abuse
of discretion. Such a demotion shall not be subject to grievance
and arbitration under this agreement.
ARTICLE 15. REDUCTION IN FORCE
15.1 A reduction in the number of police officer
positions in any class shall be made in the following order:
Part -time
Probationary
Permanent
15.2 Probationary and permanent police officers shall be
laid off in reverse order of their seniority in the class being
reduced.
15.3 A laid off employee shall have the right to
displace an employee in a lower class with less seniority based on
the total length of continuous service with the Police Department.
Displacements shall be made and determined simultaneously as of
the effective date of any reduction in force, but after all
reductions in force are made under Section 15.2 hereof.
15.4 Prior to the effective date of any reduction in
force under this Article, the City will meet with a representative
of the Union to discuss and consider possible alternatives to, and
the impact of, the reduction in force, but the parties recognize
14
that any proposals offered by the Union within this context shall
relate only to mandatory subjects of bargaining. The failure of
any party to reach agreement on any matter raised at a meeting
held pursuant to this section shall not be indicative of bad
faith, nor shall such failure initiate the grievance or
arbitration procedures under this Agreement.
15.5 A laid off employee or an employee who has been
displaced by a more senior employee pursuant to Section 3 of this
Article, shall have available to him reinstatement rights to any
interim class, whether previously held or not, based on total
department seniority, until he returns to the class he held
immediately prior to the reduction in force, before any other
method is used to fill any vacancies in such interim classes.
ARTICLE 16. SALARY
Employees in the bargaining unit will be paid in accordance
with the following monthly salary schedules, effective January 1,
2013:
Police Sergeant
Entry $6,540.27
2nd Year $6,605.62
3rd Year $6,669.52
4th Year $6,736.22
5th Year $6,833.49
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Corporal
Entry $5,679.85
4th Year $5,765.05
6th Year $5,851.53
Patrol Officer
2nd Year $4,300.66
3rd Year $4,562.88
4th Year $4,962.84
5th Year $5,120.70
6th Year $5,202.28
7th Year $5,281.23
8th Year $5,362.84
9th Year $5,440.42
10th Year $5,595.12
ARTICLE 17. OVERTIME COMPENSATION
17.1 Police officers shall be compensated for authorized
overtime work at the rate of time and one -half. Such overtime
shall be paid for all hours worked in excess of the prescribed
work schedule or shift.
17.2 Upon his request, a police officer may be granted
by the Chief, compensatory time off with no loss of pay or
benefits in lieu of cash compensation for overtime.
17.3 A police officer who is called back to work after
the completion of his regularly scheduled shift, and before the
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start of his next regularly scheduled shift, shall be paid at the
appropriate overtime rate for a minimum of two (2) hours for such
call back, unless such call back is to complete evidence records
that should have been completed during his regularly scheduled
shift or to correct errors in reports filed by him during his
regularly scheduled shift. An officer who receives such a call
one and one half hours, or more, before the start of his next
regularly scheduled shift shall be entitled to the minimum payment
or his overtime compensation for the actual hours so worked, from
the time of the call, whichever is greater. If the officer is
called less than one and one half hours before the start of his
next regularly scheduled shift, he shall be entitled to
compensation, at his overtime rate, only for the actual time
worked, commencing at the time of the call. Officers called back
for such purpose (correct records or errors) shall be paid
overtime only for those hours actually worked during such call
back. However, no officer shall be called back to complete or
correct evidence records or reports unless such call back is
reasonably necessary to the processing of an on -going
investigation. A police officer who is requested to report early
or to remain after a regularly scheduled shift, and such time is
contiguous with the regularly scheduled shift, shall not be
considered to be on call back.
17.4 Except upon twenty - four (24) hours notice, and when
required by unusual manpower needs, no police officer's regular
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work schedule shall be changed for the purpose of avoiding the
payment of overtime.
17.5 For the purposes of this Article the parties shall
divide voluntary overtime into four categories, as follows:
A. Extra Duty is voluntary overtime duty for the
benefit of a third party which requires the services of
police officers and pays fees to the City for such
services.
B. Special Assignment is voluntary overtime duty for
other than regular patrol duty, for such assignments as
providing security for special events or persons,
providing traffic safety for road construction
projects, underage drinking and grant duties that
exceed the capabilities of the specialized unit
administering the grant.
C. Regular Patrol is voluntary overtime duty for a
full shift, filling in for a Patrol Officer, Corporal
or Sergeant position on one of the patrol watches.
D. Major Parade duty is voluntary overtime duty for
parades such as the Fiesta Parade, State Fair Parade or
the Festival of Lights.
17.6 Lists shall be created for those officers who
desire to be eligible for voluntary overtime duty. The names on
the lists shall be in order of department seniority and shall be
for one year terms. Officers shall sign up for such lists at the
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same time as their annual shift selection. They may remove their
names from any of the voluntary overtime lists at any time. When
an officer's shift is changed during the term of the lists, he
may alter his selections. When a voluntary overtime assignment
becomes available, the designated employee shall contact officers
whose names appear on the appropriate list, in the order in which
they then appear. The lists shall be rotating in nature, so that
an officer who refuses an opportunity for a voluntary overtime
assignment, an officer who does not answer a call to his /her
designated telephone contact number, or an officer who accepts
such an assignment shall have his /her name then rotated to the
bottom of the list at issue. Officers shall provide one
telephone contact number by which they shall be contacted for
voluntary overtime assignments. Messages shall be left for
officers who do not answer overtime calls, but the employee
seeking to fill the voluntary overtime assignment shall not wait
for a return call before continuing to make offers down the
appropriate list.
17.7 For extra duty overtime assignments, there shall
be a single list upon which Patrol Officers, Corporals and
Sergeants may place their names.
17.8 For special assignment voluntary overtime duties
there shall be one list upon which Patrol Officers and Corporals
may place their names.
17.9 For regular patrol voluntary overtime assignments
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there shall be eight (8) lists. There shall be a Sergeant list
for each start time and a Patrol Officer /Corporal list for each
start time with the officer signing up for the watch(es) he or
she is willing to work if called for overtime.
17.10 For major parade voluntary overtime assignments
sign -up lists shall be circulated through the Police Department's
email system and the duty shall be assigned on a first come,
first serve basis. If insufficient Patrol Officers and Corporals
sign up, then the sign up list may be circulated a second time
for Sergeants.
17.11 When the need for overtime in patrol is determined
during the shift prior to the vacancy, the City shall ask for
volunteers for such duty from among those officers then working
patrol. If there are more such volunteers than positions
available, the positions shall be allocated upon the basis of
departmental seniority. If there are an insufficient number of
volunteers the City shall utilize the appropriate voluntary
overtime list.
17.12 The parties recognize that an employee's
performance of duty during a voluntary overtime assignment is
subject to all the requirements normally applicable to officers
in such positions and that he /she may be subject to discipline
for just cause.
17.13 If any officer refuses callouts more than thirty
times in succession he /she will be removed from the lists for
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voluntary overtime for a period of thirty (30) days. An officer
may request that his /her name be temporarily suspended from the
list for such reasons as vacation, so that they do not accumulate
refusals.
17.14 Requests for the use of accrued comp time shall be
granted if they are filed with the designated representative of
the City at least seven (7) days prior to the start of such
leave.
17.15 Requests for the use of comp time filed less than
seven (7) days prior to the proposed leave shall be reviewed by
the officer's Captain and shall be granted if said Captain finds
that circumstances reasonably allow for such leave.
17.16 The granting of comp time leave for an officer
shall not cause the cancellation of previously approved personal
day or vacation leave for any other officer.
17.17 A request for personal day leave or vacation leave
(other than that which is predetermined through the annual sign -
up process) shall be granted or denied within seven (7) days of
the filing of such a request.
17.18 No request for any type of leave will be accepted
if submitted more that thirty (30) days in advance. Provided,
however, requests for leave may be submitted more that thirty
(30) days in advance for the purpose of scheduling events or
travel that reasonably require more substantial advance planning.
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Such early leave requests shall be submitted with a memorandum of
explanation and shall not be unreasonably denied.
ARTICLE 18. RATE OF PAY AND APPOINTMENT TO TEMPORARY DUTY IN A
HIGHER CLASS
When an employee is assigned to work in a higher
classification for a period of one hour or more, the employee
shall be paid one hundred percent (100 %) of the difference in pay
between his normal class and the class in which he is acting for
the actual period of such service. The methodology for
appointment to temporary duty in a higher class shall be that
found at Section 6- 5 -7(d) of the City Ordinances in effect on
August 1, 1981, provided the Chief may first make such assignment
from reinstatement lists, and provided further that employees
serving a promotional probationary period shall not be eligible
for work in a higher classification and provided finally that the
names of officers so appointed are from a list in the appropriate
working unit of employees who have indicated their willingness to
accept such appointments without restriction regarding the duty
assignment of the higher position; and for temporary appointment
to acting Captain duties, Sergeants shall have their seniority
calculated from their last appointments as Sergeants. An officer
assigned to such a higher class shall remain in such temporary
assignment until the end of the work shift or until he or she is
relieved of such step -up duty by an officer holding the higher
rank, whichever comes first. Officers who are willing to accept
and work a position, temporarily, in a higher classification shall
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submit their names to the appropriate Watch Commander at the
beginning of the year. Officers who have been disciplined within
the last year, defined as a Letter of Reprimand or greater, are
not eligible for step -up to a higher classification for a period
of one year after imposition of the discipline.
ARTICLE 19. COURT TIME
All required time spent by a police officer in judicial
proceedings arising out of his employment shall be considered
authorized overtime work if it occurs at any time other than
during such officer's scheduled duty hours. Such court time shall
be compensated at the rate of time and one -half in cash for a
minimum of two hours. If a police officer is required to
participate in such judicial proceeding or hold himself available
for such participation during the period of time commencing with
the next calendar day following the officer's last work day, prior
to a period of vacation and ending with the day before the
officer's first work day after a period of vacation, such officer
shall have the option of receiving cash payment at the rate of
time and one -half or receiving cash payment at the rate of
one -half time and one vacation day added to his accrued vacation
credit for each day participating in such judicial proceedings or
waiting for such proceedings. Officers who receive a subpoena for
appearance at a judicial or administrative proceeding and later
request or schedule a personal holiday or vacation day on the date
for which they have been subpoenaed shall not be entitled to
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restoration of a vacation day or holiday. Provided, however,
court appearances on regularly scheduled days off, immediately
adjacent to a period of vacation of one shift or less, shall
entitle the employee only to a cash payment at the rate of time
and one -half. The option hereinabove set forth shall be
applicable to even one vacation day. When a police officer on
injury leave or sick leave is required to participate in a court
related proceedings as outlined herein, such participation shall
be construed to have occurred during a period of time that would
fall within the officer's regular work schedule. In no event
shall an officer be paid more than time and one -half for Court
time under this Article.
ARTICLE 20. RESERVED
ARTICLE 21. UNIFORM ALLOWANCE
21.1 Each member of the Police Department required to do
so by the Chief shall furnish and wear such uniforms as may be
prescribed by the regulations of the Police Department. The style
and color of shirt, pant and jacket in use as of April 1, 1994,
shall continue to be prescribed during the term of this Agreement.
21.2 In January of each year, the sum of Four Hundred
Fifty Dollars ($450.00) shall be paid to each employee of the
Police Department included in the bargaining unit as a uniform
allowance. In the event such employee leaves the service of the
City during the ensuing year, the sum of Thirty Seven Dollars and
Fifty Cents ($37.50) shall be deducted from such employee's final
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salary payment for each month remaining in that calendar year.
ARTICLE 22. AUTOMOBILE ALLOWANCE
A police officer who is required and specifically authorized
by the Chief to operate his personally owned automobile in conduct
of City business shall be paid mileage at the allowed, standard
mileage rate, deductible as a business expense under the Internal
Revenue Code for such travel. No Police Officer shall be required
to use his personally owned automobile on stakeout detail or for
any similar purpose.
ARTICLE 23. INSURANCE
23.1 HEALTH BENEFIT PLAN
23.1.1 The City will obtain a health benefit plan covering
the employees in the bargaining unit under the procedures and
conditions set forth in this Article. For an employee covered by
an individual plan, the City will contribute monthly 95% of the
total cost towards such individual's coverage. For an employee
covered by a single plus spouse, single plus child or children or
family plan, the City shall contribute monthly 78% of the total
cost towards the cost of such family plan, in addition to the
$20.00 per month dental insurance contribution provided herein;
provided, further, that if the employee elects coverage under a
PPO or indemnity option, the City's contribution to payment for
such PPO or indemnity option shall be in the same dollar amount as
if the employee had elected coverage under the HMO option at the
same tier level.
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23.1.2 The City and the Union will form a joint insurance
consultation committee composed of not more than two
representatives designated by each. Nothing in the language of
this Article shall be interpreted to preclude the participation of
representatives of the bargaining agents of other bargaining
units, from participating in the consultations of the committee.
All meetings with representatives of health care plans, for the
purpose of discussing bid specifications and plan structure, shall
be conducted by and with the committee.
23.1.3 The committee shall confer regarding bid
specifications and the letting of bids for the health benefit plan
required under this Article. Such bid specifications shall
include, but not be limited to, the following:
a) Deductibles;
b) Copayments;
c) Coverage;
d) Benefits;
e) Specialist referrals, location, and availability;
f) Participation eligibility;
g) Physicians available under the plan;
h) Options;
i) Tiers.
23.1.4 The City shall solicit bids for the health benefit
plan based upon the bid specifications. The City shall award the
contract(s) for the health benefit plan to those bidders, who meet
26
bid specifications at the lowest aggregate premium cost for all
options required under the bid specifications, including the
specifications of any self insurance plan, provided however any
health benefit plan(s) specifications shall be at least equal to
the plan(s) in effect on December 31, 2001.
23.1.5 Nothing in this Article shall preclude other City
of Pueblo employees or bargaining units, City of Pueblo
Transportation Company employees or City of Pueblo, union - exempt,
supervisory employees from participating in the health benefit
plan provided pursuant to this Article. Nothing shall preclude
the City from utilizing a City self- insurance plan for the health
benefit plan required under this Article; provided, however, the
City shall retain the services of a third party administrator to
manage such plan; the third party administrator shall be selected
upon the basis of requests for professional proposals; and the
parties shall share in any reimbursement from the plan, based upon
utilization, in the same proportion that the costs were shared.
23.1.6 The consultations of the committee established
under Section 23.1.2 of this Article shall not be subject to the
grievance or arbitration procedure of this Agreement.
23.2 DENTAL COVERAGE
23.2.1 The City will pay up to twenty dollars ($20.00) per
month toward the full cost of individual or family dental
coverage.
23.2.2 The City will provide a dental plan with no
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deductible.
23.3 Police officers who retire or are laid -off during
the term of this Agreement may retain the insurance coverage
provided for herein by assuming the full cost of the premiums for
such insurance.
23.4 The City will continue to maintain the cafeteria
plan established during the predecessor contract or a cafeteria
plan substantially equivalent thereto. The benefits of the plan
shall be consistent with Section 125 of the Internal Revenue Code
and mutually acceptable to the parties. The payment of
administrative costs shall be determined by the committee
established under this Article. If the committee is unable to
reach an agreement on any aspect of the plan, the City will be
free to implement the approach supported by its representatives
during committee discussions.
23.5 If a police officer is killed in the line of duty,
the City shall pay the full cost of health insurance and dental
coverage for the employee's surviving spouse and children. Such
payments for the surviving spouse will end two (2) years after the
employee's death or upon the spouse's remarriage, whichever occurs
first. Payments for a child will end two (2) years after the
employee's death or upon the child reaching the age of nineteen
(19) years, whichever occurs first.
ARTICLE 24. MILITARY LEAVE
Any permanent employee who presents official orders requiring
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his attendance for a period of training or active duty as a member
of the United States Armed Forces shall be entitled to military
leave for a period or periods not to exceed a total of six months
in any consecutive two years, and he shall be entitled to full pay
from the City for such period. Military leave shall be in
addition to, and may not be concurrent with, authorized vacation
leave. Any base pay received by the employee from the military
for his regularly scheduled city work days during which he is
placed on military leave status, excluding additions to base pay,
and travel and meal allowance, up to an amount equal to the
military leave pay provided to him by the City, shall be paid by
the employee to the City.
ARTICLE 25. VACATION LEAVE
25.1 Every police officer with less than five (5) years
completed continuous service with the City shall accrue vacation
leave at the rate of eight (8) hours for each completed month of
service.
25.2 Every police officer with more than five (5), but
less than ten (10) years of completed continuous service with the
City shall accrue vacation leave at the rate of ten (10) hours for
each completed month of service.
25.3 Every police officer with more than ten (10), but
less than fifteen (15) years of completed continuous service with
the City shall accrue vacation leave at the rate of twelve (12)
hours for each completed month of service.
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25.4 Every police officer with more than fifteen (15)
years of completed continuous service with the City shall accrue
vacation leave at the rate of fourteen (14) hours for each
completed month of service.
25.5 The vacation leave above provided shall be in
addition to any and all vacation leave accrued pursuant to the
provisions of Article 26 (Holidays) of this Agreement.
25.6 Credit for vacation leave may be accumulated to a
maximum of twice the amount accrued annually by the particular
police officer at any one time, and such leave may be granted in
minimum and maximum periods as provided by the Chief, with the
approval of the City Manager; provided, however, that vacation
leave will not be granted in excess of credit therefor earned
prior to the starting day of leave.
The Chief shall keep the necessary records of vacation leave
allowance. Vacation schedules shall be worked out between the
Chief and the police officers. The police officer in the
classification with the longest consecutive length of service with
the Department shall be given first choice, the next senior police
officer second choice, and the like for succeeding conflicts, if
any. Each police officer shall be assigned the dates on which
he /she is required to sign for first and second vacation choices.
Each police officer will be made aware of his /her selection dates
by a notice attached with his /her pay check for October.
Selections shall commence on November 10. If an officer fails to
30
sign up for vacation on the assigned dates, he /she will be passed,
until he /she signs the selection list. The dates should be spread
out, with one officer scheduled each day in each working unit.
The failure of an officer to sign for vacation on his /her assigned
dates shall not be grievable pursuant to this Agreement, as long
as the City maintains records showing that the notice required
hereunder was attached with his /her pay check.
25.7 For the purpose of calculating accrual of vacation
leave, the term "continuous service" shall mean the total number
of years of completed service with the City of Pueblo in any
employment capacity, without a separation from said service.
Leave, suspensions, and periods of time during which a police
officer is laid off due to reduction in force shall not be
considered as breaking the continuous nature of his service, but
neither shall such periods of time during which said police
officer is laid off be included in the computation of the number
of his completed years of service with the City. Any police
officer who voluntarily terminates his service as a police officer
and subsequently returns to duty as such shall have his continuous
service counted from the date of his return.
25.8 At his request, a police officer shall be paid in
money the equivalent of up to eighty (80) hours of vacation time
annually. The payment of such sum shall be made to such officer,
at his request, in the event of shown need, by a separate check
issued by the City. Requests received between the llth and the
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25th of the month shall be paid on the last business day of the
month. Requests received between the 26th and the 10th of the
following month shall be paid on the 15th of that month except
that request received between the 26th of December and the 10th
day of the following January shall be paid on the last business
day in said month of January. In the event of an emergency, a
Police Officer may be paid the equivalent in money for such
vacation leave as he is entitled to for that year, with the
approval of the City Manager.
25.9 Upon separation for any reason of an employee from
the service and employment of the City of Pueblo, the employee
shall be paid at his regular rate of pay, immediately for the
amount of accrued vacation leave standing to his credit as of the
effective date of his separation. In the event of death of a
police officer, such sums shall be paid to the beneficiary
designated by the officer and if no beneficiary is designated to
the surviving spouse of the officer. In the event there shall be
no surviving spouse, then such sums shall be paid to the estate of
such employee.
ARTICLE 26. HOLIDAYS
26.1 The following days are Holidays for the purposes of
this Agreement:
(a) The first day of January (New Year's Day)
(b) The third Monday in January (Martin Luther King Day)
(c) The third Monday in February (Presidents' Day)
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(d) The last Monday in May (Memorial Day)
(e) The fourth day of July (Independence Day)
(f) The first Monday in September (Labor Day
(g) The second Monday in October (Columbus Day)
(h) The fourth Thursday in November (Thanksgiving Day)
(i) The day after Thanksgiving
(j) The twenty fifth day of December (Christmas Day)
(k) Any day that may be designated as a holiday by
proclamation of the President of the City Council.
26.2 Police Officers shall not be entitled to any
Holiday benefits as such but shall receive eight (8) hours of
vacation at the end of each completed year of service for each
holiday heretofore enumerated.
26.3 Each employee working for the City on any election
day shall be allowed such time off as is necessary to vote. Such
time off shall be scheduled by the Chief. This section shall not
apply to any employee whose hours of employment on the day of the
election are such that there are three (3) or more hours between
the time of opening and the time of closing of the polls during
which the employee is not employed on the job.
26.4 Credit for vacation leave accrued under Section
26.2 of this Article may be accumulated to a maximum of twice the
amount accrued annually by the particular Police Officer at any
one time.
26.5 Employees may take sixteen (16) hours of personal
33
leave during the calendar year. Such time shall not accumulate;
employees, however, may be paid for these sixteen (16) hours of
personal leave, at the employee's option.
ARTICLE 27. SICK LEAVE
27.1 Sick leave shall be accrued by each permanent full
time police officer at the rate of twelve (12) hours for each
month of completed full time service for the City of Pueblo to a
maximum of one thousand and six hundred (1,600) hours. An
employee hired on or after January 1, 1996 shall accrue sick leave
at the rate of nine (9) hours for each month of completed full
time service for the City of Pueblo to a maximum of one thousand
and six hundred (1,600) hours.
27.2 Paid sick leave to the extent the same is accrued
and unused shall be granted to police officers in case of actual
illness, injury or disability of the police officer, occurring
without negligence of the police officer; or for a maximum of
three (3) work days in each consecutive twelve (12) months for
illness of the employee's spouse, child, parent, parent -in -law, or
member of the employee's household, subject to verification
thereof. A medical certificate subscribed by the treating
physician on forms supplied by the City shall be required for any
absence for which paid sick leave is claimed by the employee for
his own illness, injury or disability exceeding three consecutive
working days; provided, further, the City Manager, or the Chief in
any case of suspected abuse of sick leave privileges, may require
34
such medical certificate for any absence for which paid sick leave
is claimed by the employee. Requests for sick leave for an
officer's last scheduled work shift before a vacation or scheduled
time off, or for his first regularly scheduled work shift after a
vacation or scheduled time off may be indicative of such abuse.
Use or attempted use of paid sick leave benefits for any reason
other than actual illness or disability shall be deemed an
activity unbecoming an employee of the City. Disability caused by
injury while on duty shall be compensated as otherwise provided.
27.3 Upon separation for any reason, other than death,
discharge, or retirement an officer hired prior to January 1,
1996, whose sick leave accumulation exceeds six hundred (600)
hours shall be paid at his regular rate of pay for the amount of
sick leave accumulated over six hundred (600) hours but not to
exceed six hundred (600) hours.
27.3.1 Upon separation due to retirement or death, an
officer hired prior to January 1, 1996, shall be paid at his
regular rate of pay for all accumulated sick leave, but not to
exceed nine hundred and sixty (960) hours. For the purpose of
this section, an officer separating by resignation or lay -off,
after twenty or more years service, shall be considered to be
retiring.
27.3.2 In the event of death, such sum shall be paid to
the beneficiary designated by the employee and, if no beneficiary
is designated, to the surviving spouse of such employee. In the
35
event there shall be no surviving spouse, then such sum shall be
paid to the estate of such employee.
27.3.3 Separation benefits shall be paid immediately upon
the effective date of separation.
27.3.4 Employees hired on or after January 1, 1996 shall
not be reimbursed for unused sick leave upon separation.
27.3.5 Reserved.
27.3.6 Employees who have at least 15 years of service and
nine hundred and sixty (960) hours. of accrued, unused sick leave
to their credit, may annually sell back up to eighty (80) hours
of sick leave for 1/2 pay. The number of sick leave hours sold
back to the City shall be deducted from the employee's accrual,
but his accrual will be increased by future sick leave accrued but
unused, to the maximum of one thousand and six hundred (1,600)
hours. The amount of hours available for buy back under Sections
27.3 and 27.3.1 shall be permanently reduced by one half of the
hours sold back to the City.
27.3.7 No sick leave benefits shall be payable to any
employee injured while in the employ of an employer other than the
City of Pueblo.
27.3.8 MATERNITY LEAVE. An employee shall be granted
leave for the birth of the employee's child. Maternity leave
shall commence at the time of the child's birth or at the time
recommended by the mother's physician and such leave shall expire
upon the physician's written recommendation or six weeks from the
36
date of birth, whichever occurs first.
27.3.9 PATERNITY LEAVE. Paternity leave shall not exceed
three (3) weeks and shall commence at the time of the birth of the
child, unless otherwise agreed by the employee and the appropriate
supervisor.
27.3.10 MATERNITY /PATERNITY ACCRUAL: An employee may
utilize either sick leave, vacation leave, or such leave as may be
available under the Family Medical Leave Act of 1993 for
maternity/ paternity purposes.
ARTICLE 28. FUNERAL LEAVE
28.1 In addition to all leave benefits authorized under
the terms of this Agreement, police officers shall be entitled to
funeral leave benefits pursuant to the terms of this Article.
Funeral leave shall be a special administrative leave, which is
not accrued, not subject to any maximum, and not charged against
any other accrued leave benefits, if the funeral leave is used
because of the death of any employee's spouse or child. Any other
allowable use of funeral leave shall be charged against earned
sick leave.
28.2 Each police officer shall be entitled to funeral
leave for a period not to exceed ten (10) consecutive calendar
days, commencing with the day of notification of death, in the
event of the death of a spouse, child or member of the officer's
immediate family. Such leave shall be paid leave for any of the
ten (10) consecutive calendar days that are scheduled work days,
37
provided that in the case of the death of a member of the
immediate family, the employee has a sufficient amount of sick
leave accrued.
28.3 For the purposes of this Article, the immediate
family shall include: Parent, brother, sister, grandparent,
mother -in -law, father -in -law, or other relative residing in the
same household as the officer.
28.4 Each police officer shall be entitled to paid leave
from duty for one (1) calendar day per year in order to attend the
funeral of a person other than a member of his immediate family,
provided the employee has a sufficient amount of sick leave.
ARTICLE 29. DUTY DISABILITY - INJURY LEAVE
29.1 ACCRUAL OF BENEFITS. Each permanent, full -time
employee injured while in the performance of his duties as a
police officer for the City of Pueblo inside or outside the City
limits shall be paid injury leave in a sum equal to the employee's
full salary for the period of disability not to exceed one
calendar year from the date of injury, except that an employee who
undergoes surgery for such a duty injury shall be entitled to a
total of one year of such paid injury leave, during a period
ending two years from the date of injury, whenever he may be
disabled and unable to work as a result of such duty injury. Even
though the period of time during such an employee who undergoes
surgery for a duty related injury is two calendar years from the
date of such duty injury, the total amount of said injury leave to
38
which an employee is entitled is a sum equal to one year of such
employee's full salary. Notwithstanding the foregoing, no officer
shall be eligible for such injury leave if it is determined by the
Chief that the injury was caused, at least in part, by the injured
officer's engagement in a "frolic ", or the injury was caused by
the injured officer's willful failure to observe reasonable
standards of safety for police officers.
Injury leave benefits as set forth herein are maximum
benefits for each injury. Employees on injury leave shall be
granted all employees' benefits the same as if they were in active
service of the City.
29.2 OTHER BENEFITS. Injury leave benefits provided for
herein shall be withheld from any employee entitled thereto unless
and until he makes a claim for compensation under the Worker's
Compensation Act of Colorado or elects to otherwise pursue a
different remedy under the provisions of 8 -52 -100 et. seq. C.R.S.
1973.
Worker's Compensation temporary disability benefits paid or
payable to an employee for the same period of time he receives
injury leave benefits hereunder shall be deducted by the City from
said injury leave benefits.
Receipt of injury leave benefits hereunder by an employee
shall operate as and be a partial assignment to the City of said
employee's interest in and to any cause of action against a third
party as defined in Title 8, Article 52, C.R.S. 1973, as amended,
39
to the extent of injury leave benefits paid or payable hereunder
by the City to said employee. During such time as he is receiving
injury leave benefits hereunder and for a period of sixty (60)
days from and after the receipt of the final payment thereof, said
employee shall have an exclusive right to engage the services of
an attorney -at -law to settle or otherwise dispose of said cause of
action which shall not be settled or otherwise disposed of without
the written consent of the City. If said employee engages the
services of an attorney as aforesaid, the City shall not be liable
for costs or attorneys fees in connection therewith; however, in
lieu thereof, the City agrees to limit its pro rata share of any
recovery so effected to seventy -five percent (75%) of injury leave
benefits paid or payable to the employee hereunder. If said
employee fails to engage the services of an attorney, as
aforesaid, the City may take such action as it deems advisable for
the recovery of one hundred percent (100 %) of all injury leave
benefits paid to said employee, and said employee will cooperate
with the City in such action as it may take and furnish any and
all papers and information in his possession deemed by the City to
be necessary in connection therewith.
29.3 INJURY WHILE EMPLOYED BY THIRD PERSON. No injury
leave benefits shall be payable to any employee injured while in
the employ of an employer other than the City of Pueblo.
29.4 An employee eligible for a disability pension will
take all necessary steps to obtain a disability pension upon
40
commencement of such disability. Upon actual receipt of
disability pension payments, the employee shall be ineligible to
receive injury leave, or any other leave. Any retroactive pension
payments received by the employee for any period that the employee
received injury or sick leave pay shall be reimbursed to the City
or deducted from the employee's separation check. The employee
shall provide to the City all pension documentation necessary to
calculate the correct amounts.
ARTICLE 30. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY
30.1 If, as a result of an injury or illness, an
employee is temporarily disabled and unable to efficiently perform
the duties of his position, but is able to efficiently perform the
duties of some other position of the Police Department in which a
vacancy exists and which position is compatible with the
employee's skills and abilities, then the Chief may refer the
employee for placement in such vacant position for a period not to
exceed six (6) months.
Upon approval of the department head and City Manager, the
employee may be so employed. Such assignment shall be called
light duty.
30.2 The salary of an employee on light duty shall be at
least equal to the salary at which he was employed at the time of
his injury or illness.
30.3 During his period of temporary disability in a paid
status, the said employee shall be entitled to pay pension
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contributions and shall continue to receive health - medical plan
benefits, and accrue credits for sick leave and vacation leave.
30.4 Upon presentation of a doctor's certificate stating
that the employee is physically capable of performing all the
duties of the position in which he was classified to work at the
time of his injury or illness, he or she shall be returned to full
duty at that classification. If the department head determines
that the work of the employee upon return to work is not
satisfactory, the department head may cause the employee to be
re- examined to determine his or her ability to perform.
30.5 Any employee who refuses to cooperate in the
placement program, by failure to accept or continue in the
employment offered, shall, as of any such refusal, be disciplined.
30.6 The provisions of this Article will be equitably
applied.
ARTICLE 31. COMPENSATION DURING PAID LEAVE
Except as otherwise provided in this Agreement, a police
officer, during periods of authorized leave with pay, shall, in
addition to being paid his salary as if he were performing duties
during such periods of leave, receive the following benefits and
compensation as if he were present and performing his regular
duties:
31.1 Accrual of vacation and sick leave;
31.2 Uniform allowance;
31.3 College education bonus;
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31.4 College tuition reimbursement;
31.5 Longevity compensation;
31.6 Insurance coverage;
31.7 Shift differential;
31.8 Such other benefits as by the terms of this
Agreement are intended to be available during periods of
authorized leave.
ARTICLE 32. LEAVES OF ABSENCE
32.1 The Police Chief after consultation with the City
Manager may authorize special leaves of absence without pay for
any period or periods not to exceed six (6) calendar months in any
one calendar year for the following purposes: attendance at
college, university, or business school for the purpose of
training in subjects related to the work of the employee and which
will benefit the employee and the City, for an extended period
such as settling estates, liquidating a business, maternity,
serving on a jury and attending court as a witness, and for
purposes other than above that are deemed beneficial to the City
service.
32.2 The City Manager may authorize special leaves of
absence without pay for any reasonable purpose and for any
reasonable length of time upon the request of a police officer.
32.3 If after exhaustion of all available leave,
including injury, vacation and sick leave, a police officer shall
fail or be unable to return to work due to physical disability he
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shall, at his request, be placed on special leave without pay
until he is able to return to work, but in no event shall such
special leave exceed one year. Such special leave shall be
automatically terminated if and when the employee is granted a
disability or other pension pursuant to the Statutes of the State
of Colorado and ordinances of the City of Pueblo establishing
pensions for police officers.
32.4 When a member of the bargaining unit incurs a
serious non - service connected illness or injury with medical
verification and the illness or injury extends one week after all
available paid leave has been utilized, members of the bargaining
unit may voluntarily transfer to the affected member's vacation
leave account enough current earned vacation time to maintain the
affected bargaining unit employee in a pay status, without accrual
of vacation or sick leave, for a period not to exceed 1,120 hours
of duty time. After the one week waiting period, the ill or
injured employee shall be paid retroactively from the transferred
vacation, if any, for that one week. This policy shall be
strictly voluntary on the part of the members of the bargaining
unit. Any combination of paid or unpaid leave under Section 32.3
and 32.4 shall not exceed one year.
32.5 When a police officer requests and receives a leave
of absence without pay pursuant to this Article, such leave shall
not be considered as breaking the continuous nature of his
service, but neither shall such period be included in the
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computation of the number of his completed years of service.
ARTICLE 33. WORK SCHEDULE
33.1 There shall be two (2) prescribed work schedules
and shifts for police officers, denominated as schedules "A," or
"B," as hereinafter set forth:
A. (1) The basic daily work shift for police officers
assigned to the "A" schedule shall consist of eight (8)
consecutive hours of duty in any twenty four (24) hour period.
However, once during each twenty eight (28) day work period, a
police officer assigned this schedule may be required to work at
his regular rate of pay for more than eight (8) hours in a twenty
four (24) hour period for the purpose of accomplishing rotation of
shifts, or attendance at inservice training scheduled for three
(3) or more consecutive days.
(2) The work schedule of such police officers
during each twenty eight (28) day work period shall provide for
two (2) consecutive days off during each seven (7) consecutive
days within the work period. Police officers shall not be
required to work more than five (5) consecutive days of duty, at
their regular rate of pay, except for the purpose of shift
rotation, or rotation of days off, when they may be required to
work up to eight (8) consecutive days at their regular rate of
pay.
B. (1) The basic daily work shift for police officers
assigned to the "B" schedule shall consist of ten (10) consecutive
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hours in any twenty four hour period. Officers working in the
operations bureau of the police department shall be assigned to
this "B" shift and schedule.
(2) The work schedule of such police officers
during each twenty eight day work period shall provide at least
three (3) consecutive days off for each four (4) days worked.
Such officers shall not be required to work more than four (4)
consecutive days, at their regular rate of pay, except for the
purposes of professional development training which may require a
five (5) consecutive eight (8) hour day schedule. Such officers
have at least one day before and one day after such training as
days off. Professional development training, which utilizes the
change of schedule authorized by this section, shall not be
required more than three (3) times annually.
(3) Regularly scheduled days off shall rotate for
police officers assigned the "B" schedule by rotating forward one
(1) day at the end of each seven consecutive, work weeks. In
order to accomplish such rotation of scheduled days off, such
rotating officers shall have four consecutive days off, then
resume the schedule of three consecutive days off, until their
next scheduled rotation of days off. The initial rotation for one
of the teams on each watch shall occur in the fourth week after
this schedule is implemented, as a starting point for that team's
rotation. In no event shall an officer have more than one instance
of four consecutive days off during any seven consecutive, work
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weeks unless assignment changes are made at administration's
direction or as the result of an approved leave.
(4) Officers assigned the "B" schedule in the
patrol division shall work frozen shifts and shall bid for their
shift assignments pursuant to Article 44 of this Agreement.
33.2 During each work day, when conditions reasonably
permit, each police officer shall be entitled to one half (1/2)
hour as a meal break. Police officers on meal break shall be
allowed to remain out of service and out of their assigned beats
unless the needs of the department require their immediate return
to police duties.
33.3 There shall be no split shifts.
ARTICLE 34. REPORTING
34.1 Any officer or employee who finds it necessary to
be absent from duty due to emergency, shall report the reasons
therefor to his supervisor or department at least one hour before
working time, on the first day of such absence. If this is not
possible, the employee shall report to his supervisor or
department at the earliest possible time and shall state the
reasons for his failure to report at least one hour before working
time. Failure of an employee to so report may be grounds for
disciplinary action.
34.2 All unauthorized absences without leave shall be
grounds for disciplinary action. Forfeiture of pay shall be made
for all periods of unauthorized absences.
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34.3 Unauthorized absences for more than five (5)
working days shall be deemed to be and shall constitute a
resignation from employment by the employee.
ARTICLE 35. MISCELLANEOUS PROVISIONS
35.1 Shift schedules shall not be assigned arbitrarily
or capriciously with respect to police officers who are enrolled
in course work at an accredited institution of higher education
that is job related and has been approved in advance by the City
Manager.
35.2 Notice shall be given to the Union at least sixty
days prior to any promotional examination for a class listed in
Article 14 of this Agreement. A reading material list shall be
provided at least six months prior to the test if new material is
added, changed or deleted since the previous years reading
material list. Upon request of the Union, a meeting shall be held
by two designated representatives of the Union, and two designated
representatives of the City, who shall meet with the Civil Service
Commission to discuss concerns relating to the scheduling of such
promotional examinations.
35.3 Employees shall keep the City informed of their
current address, phone number, and such other information as the
City may reasonably require.
35.4 SMOKING PROHIBITED
In accordance with Section 7 -6 -4 of the Pueblo Municipal
Code, smoking by any member of the bargaining unit is prohibited
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in all enclosed facilities, including buildings and vehicles
which are owned or leased by the City of Pueblo. An outdoor
area adjacent to the Police Department Building located more than
twenty (20) feet from any entryway thereto shall be and is hereby
designated as a smoking area. The City shall construct in said
designated area a weather shelter.
35.5 FAMILY MEDICAL LEAVE.
The parties understand that they are subject to the Family
and Medical Leave Act of 1993, and that all applicable provisions
of the FMLA are controlling over any provisions of this agreement
in conflict therewith.
35.6 ONE TO ONE VEHICLE PROGRAM
The Pueblo Police Department One to One Vehicle Program, as
set forth in the Policy Memorandum dated June 1, 2000, shall be
implemented during the term of this agreement. Such policy shall
not be modified in any manner, unless by written memorandum of
understanding executed by the Union and the Chief of Police;
provided however, that the parties recognize that the City has no
obligation whatsoever to assign any vehicle under such program,
and provided further that the Chief of Police may limit or cancel
participation by an officer in the take home car program for just
cause, subject to the grievance procedure in Article 37. For
purposes of allocation of take home cars, Sergeants shall bid as a
group, by time in grade, prior to Corporals and Patrol Officers
bidding as a group, by time in grade.
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3.5.7 The City and the Union agree to establish a
committee consisting of representatives of the Fire Union, the
Police Union, and the City. The committee shall meet, when
requested by one of the parties, to study, consider and make
recommendations to the parties regarding drug- testing programs for
public safety employees. The consultations and recommendations of
the committee shall not be subject to the grievance or arbitration
procedure of this Agreement and shall not be binding upon any of
the parties.
ARTICLE 36. DISCIPLINE AND DISCHARGE
36.1 A newly hired police patrol officer serving an
entry level probationary period shall have no right to appeal his
or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the
authority to suspend, demote, discharge or take other appropriate
disciplinary action against employees for just cause. Any
employee, except an entry -level probationary employee, who is
subject to discipline may appeal same pursuant to the grievance
procedure or to the Civil Service Commission pursuant to Title VI
of the Code of Ordinances, but not both. The filing of any appeal
under one procedure constitutes a waiver of any right to appeal in
another forum. Specifically, the grievance procedure set forth
herein may not be utilized by an employee who has utilized the
Civil Service appeal procedure.
36.3 An officer who is to be suspended without pay or
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discharged shall be given a written statement indicating the
reasons or grounds for such action. If the action to be taken is
discharge, the officer may within five (5) calendar days after
receipt of the statement file his written response thereto setting
forth in detail his explanation of or defenses, if any, to the
reasons or grounds contained in the statement. The Chief will
consider the officer's written response, if timely received by him
before taking action on the discharge. The written statement or
notice of action taken shall be considered given to the officer,
if personally delivered or, if unable to be personally delivered,
three (3) days after the statement has been mailed by first class
mail to the officer.
36.4 Appeal of disciplinary matters involving suspension
or discharge may be initiated at step three of the grievance
procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's
written complaint, on a matter which is not of a criminal nature,
filed with the Internal Affairs Office shall be provided with a
copy of the complaint in writing as soon as possible and he /she
shall respond, if requested, within forty -eight (48) hours. Such
an employee shall not be required to submit to interrogation
regarding such complaint upon less than forty -eight (48) hours'
notice, subsequent to the officer's receipt of the complaint.
Nothing contained herein, however, shall preclude an officer from
voluntarily discussing a complaint at any time. Upon final
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resolution of such investigation, the employee will be notified as
soon as possible of the resolution.
36.6 If an employee has not received a disciplinary
action, excluding demotion, suspension or dismissal, for a period
of three
(3) years, he /she may request that all disciplinary action,
excluding demotion, suspension and dismissal, over three (3) years
old be removed from his /her file maintained in the City Personnel
Department.
36.7 Except, pursuant to a court order, or by consent of
the employee, no portion of an investigative Internal Affairs
report, on a matter which is not of a criminal nature, shall be
given to, or maintained by anyone outside the City's Police
Department or the city administration, except as necessary to
accomplish any personnel action.
36.8 Without limiting the right to representation
granted an employee by City ordinance, City Charter, law or
constitution, any employee shall be entitled to representation by
attorney, union representative or fellow employee in any meeting
with a supervisor or internal affairs investigator, if such
employee reasonably suspects that the subject matter of such
meeting could result in disciplinary action.
ARTICLE 37. GRIEVANCE PROCEDURE
37.1 An employee and /or the Union, or the City, when
damaged by an alleged violation of an express term of this
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Agreement, or by discrimination violative of State or Federal law,
may process a grievance in strict conformity with the procedures
and provisions set forth in this Article.
37.2 REPRESENTATION.
Any police officer may seek the assistance of a union
representative in the preparation and presentation of a grievance.
However, any employee may seek redress or adjustment of grievances
or complaints by discussion with appropriate Police Department
officials without the necessity of consulting with the Union nor
involving a Union representative in such discussions.
37.3 GENERAL.
37.3.1 DAYS. Whenever the word "days" is used in this
Article, that word shall mean calendar days.
37.3.2 WRITTEN GRIEVANCE. Any grievance to be processed
beyond the first step of the grievance procedure must be in
writing and must state each of the following: (a) the matter
complained of; (b) the date on which the matter complained of
occurred; (c) the sections or provisions of the Collective
Bargaining Agreement allegedly misapplied or misinterpreted; (d)
the disposition sought by the grievant; (e) the signature of the
grievant or grievants who claim to be aggrieved by the matter
being complained of and to whom any remedies shall apply; and, (f)
the date of the grievance.
37.3.3 Any City official may take any action through a
designee or alternate.
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37.4 GRIEVANCE PROCEDURE.
37.4.1 The grievant will attempt to informally resolve
grievances whenever possible through discussion with his
supervisor. Unless a grievance arises at a higher administrative
level, supervisory employees in the Police Department shall meet
with the grievant and participate in such discussions and attempts
to resolve grievances.
37.4.2 STEP ONE. If the matter is not resolved, the
grievance must be presented to the grievant's Deputy Chief in
written form, in accordance with the conditions set forth above,
within fourteen (14) calendar days of the date on which the
incident or event giving rise to the grievance occurred or when
the grievant knew or should have known of the facts giving rise to
the grievance. The Deputy Chief shall give his written answer to
the grievance within seven (7) days of the date on which he or she
received the grievance. The Deputy Chief and the Union /Grievant
may agree in writing to extend the time to answer the grievance
for the purpose of allowing the parties to meet to discuss the
grievance.
37.4.3 STEP TWO. If the grievant is not satisfied with
the answer provided by the Deputy Chief, the grievant and /or the
Union may request a meeting with the Chief or his or her designee
to hear such grievance, provided that the request is made in
writing, signed by the grievant and /or the Union, and is presented
to the Chief or his or her designee within seven (7) calendar days
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of the date of the Deputy Chief's answer in the previous step of
the procedure. The meeting to hear such grievance shall be held
within seven (7) calendar days of the filing of the request for
such meeting. The Chief or his or her designee shall answer the
grievance in writing within seven (7) days of the date on which
the meeting is held. The Chief may require the presence of an
individual grievant at this Step, if the grievance was filed by a
single individual. Employees required to attend such a meeting
when they are not otherwise on duty or on paid leave shall be
compensated at the rate of time and one -half in cash for a minimum
of one (1) hour.
37.4.4 STEP THREE. If the grievant is not satisfied with
the decision of the Chief or his designee, the Union may request a
meeting with the City Manager or his designee provided that such
request is in writing, is signed by the grievant and /or the Union
and provided that the request is presented to the Manager or his
designee within seven (7) days of the date of the written answer
provided by the Chief or his designee. The meeting relating to
such grievance shall be held within ten (10) calendar days of the
filing of the request for such meeting. The City Manager shall
answer the grievance in writing within ten (10) days of the date
on which the meeting was held.
37.4.5 STEP FOUR. If the decision rendered by the City
Manager or his designee is unsatisfactory to the grievant, the
Union may within fifteen (15) days following receipt of the answer
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of the City Manager request the appointment of an arbitrator
pursuant to the American Arbitration Association's then current
Labor Arbitration Rules, by filing the appropriate Demand.
Arbitration shall be pursuant to the then current rules of the
American Arbitration Association and the Uniform Arbitration Act.
The decision of the Arbitrator shall be final and binding on the
City, the employee and the Union.
37.5 MISCELLANEOUS PROVISIONS.
37.5.1 Any grievant may, upon request, be represented at
any level of this grievance procedure by a representative of the
Union, or by counsel with the approval of the Union, but no
employee may be represented by any representative of any employee
organization other than the Union. Any employee may discuss any
matter, including the presentation of a grievance, with the
Department and may have such grievance adjusted without
intervention by the Union, provided that any such adjustment shall
not be inconsistent with the terms of this Agreement.
37.5.2 The fees and expenses of the arbitrator shall be
borne equally by the parties, and each party shall pay its own
costs for such arbitration.
37.5.3 If the grievant and /or the Union shall agree in
writing to waive their right to utilize such other administrative
forums available to them, charges of discrimination may be heard
by an Arbitrator.
37.5.4 All claims for back wages shall be limited to the
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amount of wages that the grievant otherwise would have earned less
any compensation received for any employment obtained subsequent
to removal from the City payroll and less any unemployment
compensation benefits. If the State Department of Labor, Division
of Employment and Training, seeks reimbursement from the grievant
for unemployment compensation benefits received, the grievant
shall provide to the City a copy of the State's request for
reimbursement and the City shall reimburse the State on the
grievant's behalf.
37.5.5 The processing or discussing of any grievance filed
under this Agreement, may be during the working time of the
grievant and the Union representative involved, if any, to a
reasonable extent. The City will take the employees work schedule
into account in scheduling grievance hearings when possible.
37.5.6 TIME LIMITS. The time limits set forth for the
processing of grievances shall be strictly adhered to. In the
event that a grievance is not appealed to the next step of the
grievance procedure within the time limits provided at any step,
such grievance shall be declared closed and settled on the basis
of the most recent City decision. In the event of failure to
answer a grievance or hold a meeting within the time limit
provided, it shall be considered a denial and the Union may appeal
the grievance to the next step of the procedure in accordance with
the time limitations specified. Extensions of time may be
requested by either party. To be effective, any extension of time
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must be set forth in writing.
37.5.7 Any provision of this Agreement to the contrary
notwithstanding, the following matters shall not be proper
subjects for the grievance procedure provided in this Article.
37.5.7.1 Any matter which arose outside of the period during
which this Agreement, or the immediately preceding Agreement, is
effective.
37.5.7.2 Any matter not within the administrative control of
the City.
37.5.8 The City by and through an officer, official or
employee of the City may initiate a grievance alleging that the
Union, a Union official or employee has violated an express
provision of this Agreement by filing a grievance with the
President of the Union within fourteen (14) days of the occurrence
of the violation or, within fourteen (14) days of the date
knowledge of same was received by the City official involved. The
Union president shall respond to the grievance in writing within
seven (7) days of the date on which he received it. In the event
the matter is not resolved the City may, at its option, demand
arbitration by giving notice of intent to submit to arbitration to
the president of the Union within fifteen (15) days following
receipt of the answer of the Union president. Arbitration shall
be pursuant to the then current Rules of the American Arbitration
Association and the Uniform Arbitration Act. The decision of the
arbitrator shall be final and binding on the City, the employee
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and the Union.
37.5.9 The privilege of processing grievances on duty time
will not be abused.
37.5.10 SCOPE OF ARBITRATOR'S AUTHORITY. The findings and
decision of the arbitrator shall be consistent with applicable
Colorado law and with the expressed terms of this Agreement. The
arbitrator shall have no power or authority to add to, subtract
from, disregard, alter or modify any of the terms of this
Agreement.
ARTICLE 38. PAYROLL DEDUCTION OF DUES AND FEES.
38.1 The City shall, on a regular basis, deduct dues and
fees uniformly required of all similarly situated police officers
from the pay of all Police Officers who have voluntarily
authorized such deductions in writing on a form provided for this
purpose by the Union or the City; the Union will notify the City
as to the amount of dues, or dues and initiation fees, to be
deducted. Such notification will be certified to the City in
writing over the signature of the authorized officer or officers
of the Union. Changes in the Union membership dues or fees will
be similarly certified to the City and shall be done at least
forty -five (45) days in advance of the effective date of such
change. The City will remit to the Union such sums within thirty
(30) days.
38.2 The Union agrees that it shall act as the exclusive
bargaining agent for all employees covered by this Agreement and
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shall negotiate agreements and bargain collectively for all
employees within the bargaining unit, without discrimination and
without regard to whether or not said employees are Union members.
38.3 AGENCY SHOP. Any person employed by the City in a
position within the bargaining unit who is not a member of the
Union and who does not make application for membership within
forty -five (45) days from the effective date of this Agreement, or
from the date of employment, whichever is later, shall pay to the
Union an amount not to exceed ninety -five percent (95%) of the
normal dues and assessments uniformly required of members of the
Union as a service charge for the administration of this
Agreement.
38.4 The City agrees to deduct the service fee set forth
in
Paragraph 38.3 from the pay of all employees who hereafter
voluntarily authorize such deductions in writing on the form
contained in Section 38.9 of this Article. Each authorization
given under this Section shall provide that it is revocable only
upon the expiration of this Agreement upon giving written notice
to the City and the Union within the thirty (30) days immediately
preceding the termination of this Agreement.
38.5 The preceding two paragraphs, to -wit paragraphs
38.3 and 38.4 shall not be effective unless and until approved by
Police Officers voting in an election as provided by Section 8 -9
of the Charter of the City of Pueblo.
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38.6 If an employee has no earnings due him for the pay
period in question, no deductions will be made for that employee
for that period. The collection of money described herein other
than for the current period shall not be the responsibility of the
City.
38.7 The sole responsibility of the City will be to pay
over to the Union any sums actually deducted from the pay of
employees on a current basis. Any funds deducted as herein
provided shall be paid to the Union Treasurer within thirty (30)
days after such deduction.
38.8 The Union agrees to indemnify, defend and save the
City and its employees harmless against any and all claims,
demands, suits, or other forms of liability that shall arise out
of, or as a result of, any conduct taken by the City for the
purpose of complying with this Article, except acts of negligence
for which the City is responsible.
38.9 AGENCY FEE CARD
Name:
Department:
Date:
I hereby request and authorize the City of Pueblo to deduct
from my earnings, once each month, an agency service fee in the
amount of $ monthly, which is equal to ninety -five
percent (95 %) of the normal dues and assessments uniformly
required of members of the Union and any increases in said fee
mandated by any increase in dues and assessments.
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This authorization shall be revocable only upon the
expiration of the agreement upon giving notice in writing to the
City and the Union within the thirty (30) days immediately
preceding the expiration of the agreement.
The amount deducted shall be remitted to the Treasurer of
Local 537, International Brotherhood of Police Officers (IBPO).
Signature
38.10 No party shall have any right or interest
whatsoever in any money authorized withheld until such money is
actually paid
over to them in accordance with this Article.
ARTICLE 39. SEVERABILITY, SAVINGS, AND AMENDMENTS.
39.1 The provisions of this Agreement are severable and
the legal invalidity of any provision or provisions shall not
affect or invalidate other provisions. However, if any provision
of this Agreement should be declared or rendered invalid by
Congress, the state legislature or any court of competent
jurisdiction, then the parties to this Agreement shall meet within
fifteen (15) days from the date they learn of such declaration and
negotiate in good faith for the purpose of agreeing upon a lawful
provision which would accomplish the intent of the parties as
expressed by the provision declared invalid.
39.2 Special, labor /management conferences involving
matters of importance to either party may be arranged between the
Union President and the City Manager or his designee.
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Representatives of the parties to this Agreement will meet within
fifteen (15) days after receipt of notification. Any notification
shall include a statement of the matter to be discussed at the
meeting. The Union President shall be granted leave with pay to
attend such special conference.
39.2.1 No party shall be obligated in any manner to agree
to any proposed amendment and the failure to agree to any proposed
amendment shall not initiate the arbitration or election
procedures set forth in Section 8 -14 of the Charter of the City of
Pueblo. The failure of any party to reach agreement on any matter
raised at a special conference shall not be indicative of bad
faith, nor shall such failure initiate the grievance or
arbitration procedures available under this Agreement. Provided,
however, that either party may request the mediation services of
the Federal Mediation and Conciliation Service to resolve any
disagreement regarding a proposed amendment raised at a special,
labor /management conference. The parties agree to participate in
such mediation.
39.3 No amendments of, or appendix to, this Agreement is
effective unless in writing and signed by representatives of both
parties having actual authority to execute such amendment or
appendix.
ARTICLE 40. WAIVER AND NOTICE
40.1 Failure of the City or the Union to enforce, or
insist upon, the performance of any term, condition or provision
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of this Agreement in any one or more instances shall not be deemed
a waiver of such term, condition or provision. No term, condition
or provision of this Agreement shall be deemed waived by either of
the parties hereto unless such waiver is reduced to writing and
signed by an agent of the respective party who has actual
authority to give such waiver. If such written waiver is given,
it shall apply only to the specific case for which the waiver is
given and shall not be construed as a general or absolute waiver
of the term, condition or provision, which is the subject matter
of the waiver.
40.2 Where any provision of this Agreement requires that
any notice or information be given by one party hereto to the
other party within a specified time, such requirement will not be
met unless such notice is personally served upon the official of
the other party designated to receive such notice under the terms
of this Agreement or left at such person's residence with a person
18 years of age or older or regular business office during normal
business hours with his secretary or clerk within the time limits
specified in this Agreement.
ARTICLE 41. OTHER CONDITIONS
During the term of this Agreement, no existing practice
affecting a mandatory subject of bargaining, as defined in Section
8 -14 of the Charter of the City of Pueblo, shall be changed,
except by mutual written agreement of the parties. The term
"existing practice affecting mandatory subject of bargaining" does
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not include any right reserved to the City under Article 4 of this
Agreement.
ARTICLE 42. ENTIRE AGREEMENT
The Union and the City agree that this Agreement is intended
to cover all matters affecting wages, rate of pay, hours,
grievance and disciplinary procedures, working conditions, and all
other terms and conditions of employment and similar and related
subjects, and that it supersedes and cancels all prior practices
and agreements on matters covered by this Agreement, whether
written or oral, and that during the term of this Agreement,
neither the City nor the Union will be required to negotiate on
any further matters affecting these or any other subjects not
specifically set forth in this Agreement.
ARTICLE 43. PENSION CONTRIBUTION
For each person hired as a police officer on or after
January 1, 1997, who is eligible for the death and disability
coverage provided by part 8 of Article 31 of Title 31, C.R.S.,
the contribution to the FPPA death and disability pension fund
required by Sec. 31 -31- 811(4) shall be assessed against the City
in the amount of 2.6% of the member's applicable salary as set
forth in Section 31- 31- 811(4); provided that if the required
contribution level is increased, the amount in excess of 2.6% of
the member's applicable salary shall be assessed against the
member.
Each person hired as a police officer on or after January 1,
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1997, shall be required as a condition of employment to make a
monthly contribution through payroll deduction equal to the
contribution on behalf of the member required under Section 31-
31- 811(4), C.R.S., in excess of 2.6% of the member's applicable
salary.
ARTICLE 44. SHIFT ASSIGNMENT
44.1 Officers assigned to the patrol division or other
working units of the police department, wherein they are assigned
to one (1) or more frozen (non - rotating) shifts, shall be assigned
to one (1) of the frozen shifts by the following methodology:
A. Once each year immediately prior to the annual
selection of blocks of vacation, officers assigned to the Patrol
Division or other working units with frozen shifts shall bid for
their shift assignments.
B. Assignments to frozen shifts shall be based upon
consecutive length of service with the department and the
selection methodology shall be the same as for vacation selection,
except that Sergeants shall bid for shifts based upon their
continuous service since last promotion. Sergeants shall bid as a
group prior to patrol officers and corporals bidding as a single
group.
C. The assignment of an officer to a frozen shift
shall not be changed between annual assignments, except pursuant
to the provisions of this Article or by transfer of the officer to
a different division or working unit of the police department.
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44.2 Officers desiring to trade shift assignments for
the remainder of an annual assignment term may do so by filing a
request for trade with the division commander. Notice of such
request shall be posted for ten (10) days. At the end of ten (10)
days the officer may trade shifts with the most senior employee
desiring the trade. If no officer agrees to trade, the officer
requesting a trade shall remain with his frozen shift assignment.
An officer may request a shift trade not more than once each six
(6) month period.
44.3 A police officer transferred by the Chief of Police
to a division or other working unit of the police department with
frozen shifts, shall have the opportunity to select his shift
assignment by bumping the least senior employee on the shift he
desires, if there is no vacancy on such shift and if such bumped
employee has less seniority than the bumping officer. A bumped
officer shall exercise similar bumping rights within the same
division or working unit; provided, however, that an officer
assigned to a frozen shift from a different division or working
unit after annual assignments may be assigned a frozen shift in
another division or working unit based upon the operational needs
of the Department on a temporary basis not to exceed eighty (80)
work days in each calendar year.
44.4 The Chief of Police may transfer an officer from
one frozen shift to another within the same division or working
unit on a temporary basis not to exceed eighty (80) work days in
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each calendar year, provided that the reason for such transfer is
not contrary to any of the other provisions of this agreement and
is not for the purpose of avoiding the payment of overtime
compensation.
44.5 The Chief of Police may involuntarily transfer an
officer from one frozen shift to another within the same division
or working unit, but such transfer shall be for just cause only,
subject to the grievance procedure.
ARTICLE 45. SHIFT DIFFERENTIAL
45.1 For the purpose of determining eligibility for
payment of shift differential, there shall be three (3) duty
watches at the Pueblo Police Department as follows:
A. Watch I (days) shall constitute all duty
assignments which begin between 6:00 a.m. and 10:00 a.m. of any
work day.
B. Watch II (afternoons) shall consist of all duty
assignments which begin between 10:00 a.m. and 4:00 p.m. of any
work day.
C. Watch III (graveyard) shall consist of all duty
assignments other than Watch I or Watch II.
45.2 In addition to all other compensation payable
pursuant to this agreement, an officer assigned to Watch II for
any portion of a calendar month shall be paid a shift differential
for that month in an amount equal to forty cents ($.40) per hour
multiplied by the number of hours in a normal work month.
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45.3 In addition to all other compensation payable
pursuant to this agreement, an officer assigned to Watch III for
any portion of a calendar month shall be paid a shift differential
for that month in an amount equal to eighty cents ($.80) per hour
multiplied by the number of hours in a normal work month.
45.4 For the purpose of this Article, a normal work
month shall consist of one hundred seventy -three and eighty- three-
one - hundredths (173.83) hours.
45.5 No officer shall be entitled to shift differentials
under both Section 45.2 and Section 45.3 of this Article for the
same month. If an officer is assigned to both Watch II and Watch
III during the same month, he shall receive shift differential
only for Watch III for that month.
Signed this ,2 6 day of F 6VOM 8£g , 2012.
CITY OF PUEBLO
P eside t .f ty Council
ATTEST:
Cit Clerk
APPROVED AS TO FORM:
City A .rney
69
INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS (IBPO) LOCAL 537
B ,
President
Secretar
APPRQVED AS TO FO'u:
/, .
Iy".
IBPO Attorne;+i