Loading...
HomeMy WebLinkAbout08956ORDINANCE NO. 8956 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO AMENDING THE EFFECTIVE DATE WITH RESPECT TO ARTICLE 17.1 OF SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537 commencing January 1, 2016 (“Labor Agreement”), 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 City Council is authorized to execute and deliver the Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Due to time constraints existing by virtue of the fact that the Labor Agreement becomes effective January 1, 2016 and the need for the Amendment to be approved prior to said date, good cause exists for the passage of this Ordinance as an emergency ordinance pursuant to Section 3-20 of the City Charter. SECTION 4. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final passage. INTRODUCED: December 28, 2015 BY: Eva Montoya PASSED AND APPROVED: December 28, 2015 City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 28, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez, Chief of Police SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE 2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO AMENDING THE EFFECTIVE DATE WITH RESPECT TO ARTICLE 17.1 OF SAID AGREEMENT SUMMARY: The City of Pueblo and the IBPO Local #537 Union are parties to a collective bargaining agreement that is to become effective January 1, 2016 through December 31, 2016. Based upon practical concerns with respect to timely and effectively implementing the New Provision, the City believes that it would be in the best interest of the parties to delay its implementation. PREVIOUS COUNCIL ACTION: No previous Council action. BACKGROUND: Section 17.1 of the Labor Agreement will address a change in policy regarding how overtime will be paid for Police officers. The new provision will read, “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 workedin excess of forty (40) hours in a workweekThis new language is in comparison to the prior language provision in Section 17.1 that stated, “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.” The City has identified numerous implications regarding this new policy. These changes will now affect how overtime calculations are determined based upon sick leave, military leave, compensatory time used, etc. FINANCIAL IMPLICATIONS: The City may need to hire additional staff, at least a part-time employee, to assist in the record keeping of all sworn personnel in the Police Department. The City may need to also purchase an FLSA compliant software program specifically designed to deal with Police agencies. The cost of that program is estimated to be between $50,000 and $100,000. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: City Council may choose to not approve this Ordinance. The implementation date would be January 1, 2016, and the City will have to adjust its payroll procedures to accommodate the necessary changes. RECOMMENDATION: Approval of this Ordinance Attachments: Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537 AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Coll ctive Bargaining Agreement ("Amendment") is entered into this �G f raay of Pez te,vviper- , 2015, by and between International Brotherhood of Police Officers Local 537 ("Union") and Pueblo, a municipal corporation ("City"). WHEREAS, City and Union are parties to a collective bargaining agreement to become effective January 1, 2016. through December 31, 2016 (herein"Labor Agreement"); WHEREAS, Section 17.1 of the Labor Agreement provides: 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 forty (40) hours in a workweek. With the exception of vacation and paid personal leave actually taken, paid hours not actually worked shall not be counted as hours worked for purposes of calculating and paying overtime compensation. There shall be no duplication or pyramiding of overtime pay and employees shall not be paid more than once, for more than one reason or under more than one provision of this Agreement for the same hours worked. ("New Provision"). WHEREAS, the New Provision will supersede and replace the prior existing provision which had provided: 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. ("Prior Provision"). WHEREAS, based upon practical concerns with respect to timely and effectively implementing this New Provision, City believes it would be in the best interest of the parties to delay its implementation. WHEREAS, the Union does not oppose such delay and is agreeable to same subject to the terms and provisions herein contained. NOW THEREFOR, in consideration of the foregoing and the agreements to be performed as herein set forth, the parties agree as follows: 1. The New Provision shall become effective on December 31, 2016. 2. Prior to the New Provision becoming effective pursuant to the above paragraph 1, the parties shall apply and comply with the Prior Provision in lieu of the New Provision. 3. The parties specifically acknowledge and agree that absent this Amendment, the New Provision would have become effective January 1, 2016. 3. Each person signing this Amendment on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute and deliver this Amendment on behalf of such party and that this Amendment is a valid and legally binding obligation of such party enforceable against it. Executed in Pueblo, Colorado as of the date first above written. CITY OF P - : I By: `S _ 'resit -'City Council A ST • Cit Jerk LOCAL 537, INTERNATIONAL BROTH A •OD OF POLICE OFFICERS B . President ATTT �- L ecretary �1.