HomeMy WebLinkAbout08955ORDINANCE NO. 8955
AN ORDINANCE APPROVING AND ENACTING THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF PUEBLO AND THE INTERNATIONAL
BROTHERHOOD OF POLICE OFFICERS LOCAL 537
COMMENCING JANUARY 1, 2016, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
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, 2016 (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, 2016, 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.
The officers and staff 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 4.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED: December 14, 2015
BY: Robert Schilling
PASSED AND APPROVED: December 28, 2015
City Clerk’s Office Item # R-7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
December 14, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Sam Azad, City Manager
SUBJECT: AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537
COMMENCING JANUARY 1, 2016, AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a proposed Ordinance which would approve and enact the negotiated collective
bargaining agreement between the City of Pueblo and the International Brotherhood of Police
Officers (IBPO) Local 537 commencing January 1, 2016.
PREVIOUS COUNCIL ACTION:
Pursuant to §8-14(l) of the City Charter, any collective bargaining agreement negotiated between
the sole and exclusive bargaining agent of the classified employees in a bargaining unit and the
City shall be reduced to writing, signed by the parties, and enacted by Ordinance.
BACKGROUND:
The current collective bargaining agreement between the City and IBPO Local 537 expires on
December 31, 2015. Pursuant to the requirements of the City Charter, the City and IBPO Local
537 commenced negotiations with respect to a successor contract in June. Having reached
impasse, the parties proceeded through the interest arbitration process and the decision of the
arbitrator is binding on the parties. The agreement has been reduced to writing and signed by
the parties. Pursuant to §8-14(l) of the Charter, the agreement must now be enacted by
Ordinance.
The successor contract contains the following specific changes with respect to the prior contract:
Article 2 Term of Agreement. The term of this agreement is one year beginning
January 1, 2016, and concluding December 31, 2016.
Article 14 Appointments. Extends the probationary period from one year after
date of hire to one year after date of graduation from the Police
Academy.
Article 16 Salary. Employee salaries will be increased by one and one quarter
percent over the established 2015 rates. Step increases will also be
given.
Article 17 Overtime. Changes overtime from hours worked in excess of daily shift
to hours worked in excess of forty (40) hours in a workweek.
Establishes a separate voluntary overtime list for DUI enforcement
assignments.
Article 23 Insurance. Raises the cap on City’s contribution toward employee
health insurance premiums by 6% for individual coverage and 7% for all
other coverage.
Articles 25, Clarifies that payments for vacation, personal day, sick leave requests
th
26 and 27 received after the 20 of the month will be issued the following month.
Article 36 Discipline. Updates the disciplinary hearing procedure to make
consistent with party’s current practice and requirements of the law.
FINANCIAL IMPLICATIONS:
This successor agreement provides across the board wage increases estimated at approximately
$175,916 (including associated benefits). Step increases are estimated to cost $105,065. The
increase in health insurance cap is estimated to cost $190,989. The change in the overtime
provision is estimated to save the City $40,487. The total estimated financial impact of this
contract for 2016 is $431,483.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The requirements of §8-14(l) of Charter require the agreement be enacted as an Ordinance.
RECOMMENDATION:
City Administration recommends approval of this Ordinance.
Attachments:
A copy of the Collective Bargaining Agreement between the City of Pueblo and
the International Brotherhood of Police Officers Local 537 commencing January 1, 2016, is
attached.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
INTERNATIONAL BROTHERHOOD
OF POLICE OFFICERS
LOCAL 537
COMMENCING JANUARY 1, 2016
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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 2
ARTICLE 7. RULES AND REGULATIONS 4
ARTICLE 8. STRIKES 4
ARTICLE 9. SAFETY 5
ARTICLE 10. TRAINING 5
ARTICLE 11. TRAINING OFFICER 6
ARTICLE 12. EDUCATIONAL INCENTIVE 7
ARTICLE 13. UTILIZATION OF SPECIAL SKILLS 8
ARTICLE 14. APPOINTMENTS 8
ARTICLE 15. REDUCTION IN FORCE 12
ARTICLE 16. SALARY 13
ARTICLE 17. OVERTIME COMPENSATION 14
ARTICLE 18. RATE OF PAY AND APPOINTMENT TO TEMPORARY
DUTY IN A HIGHER CLASS 19
ARTICLE 19. COURT TIME 20
ARTICLE 20. RESERVED 21
IBPO 2016 Contract - Page i
ARTICLE 21. UNIFORM ALLOWANCE 21
ARTICLE 22. AUTOMOBILE ALLOWANCE 21
ARTICLE 23. INSURANCE 22
ARTICLE 24. MILITARY LEAVE 25
ARTICLE 25. VACATION LEAVE 25
ARTICLE 26. HOLIDAYS 28
ARTICLE 27. SICK LEAVE 30
ARTICLE 28. FUNERAL LEAVE 33
ARTICLE 29. DUTY DISABILITY - INJURY LEAVE 34
ARTICLE 30. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY 36
ARTICLE 31. COMPENSATION DURING PAID LEAVE 37
ARTICLE 32. LEAVES OF ABSENCE 38
ARTICLE 33. WORK SCHEDULE 39
ARTICLE 34. REPORTING 41
ARTICLE 35. MISCELLANEOUS PROVISIONS 42
ARTICLE 36. DISCIPLINE AND DISCHARGE 43
ARTICLE 37. GRIEVANCE PROCEDURE 45
ARTICLE 38. PAYROLL DEDUCTION OF DUES AND FEES. 51
ARTICLE 39. SEVERABILITY, SAVINGS, AND AMENDMENTS. 53
ARTICLE 40. WAIVER AND NOTICE 55
ARTICLE 41. OTHER CONDITIONS 55
ARTICLE 42. ENTIRE AGREEMENT 56
IBPO 2016 Contract - Page ii
�r.
ARTICLE 43. PENSION CONTRIBUTION 56
ARTICLE 44. SHIFT ASSIGNMENT 56
ARTICLE 45. SHIFT DIFFERENTIAL 58
IBPO 2016 Contract - Page iii
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, 2016 and
concluding December 31, 2016.
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 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
IBPO 2016 Contract - Page 1
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 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
IBPO 2016 Contract - Page 2
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 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
IBPO 2016 Contract - Page 3
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.
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.
IBPO 2016 Contract - Page 4
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 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
IBPO 2016 Contract - Page 5
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
sum of eighteen dollars and seventy-five cents ($18.75) for each work shift during which
they perform duties as a Police Training Officer.
IBPO 2016 Contract - Page 6
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;
-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
IBPO 2016 Contract - Page 7
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 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 from the date of hire
until one year following the date of graduation from the Police Academy. Appointees who
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are probationary employees for greater than one year shall be eligible for annual
advancement in pay grade provided such employee's service has been determined by the
Chief of Police to be satisfactory. 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, 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
IBPO 2016 Contract - Page 9
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 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.
IBPO 2016 Contract - Page 10
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(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
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
IBPO 2016 Contract - Page 11
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 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,
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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 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, 2016:
Police Sergeant
Entry $6,688.24
2nd Year $6,755.08
3rd Year $6,820.42
4th Year $6,888.62
5th Year $6,988.09
Corporal
$5,808.36
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Entry
4th Year $5,895.48
6th Year $5,983.93
Patrol Officer
2nd Year $4,397.97
3rd Year $4,666.12
4th Year $5,075.13
5th Year $5,236.56
6th Year $5,319.98
7th Year $5,400.72
8th Year $5,484.18
9th Year $5,563.51
10th Year $5,721.71
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 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.
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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 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 work schedule shall be changed for
the purpose of avoiding the payment of overtime.
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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
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
IBPO 2016 Contract - Page 16
•
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, with the exception
of DUI enforcement assignments, for which a separate list shall be created and will be
administered in accordance with the rules outlined in Section 17.6 regarding selection
for assignments.
17.9 For regular patrol voluntary overtime assignments 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.
IBPO 2016 Contract - Page 17
•
•
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 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.
IBPO 2016 Contract - Page 18
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
than thirty (30) days in advance. Provided, however, requests for leave may be
submitted more than thirty (30) days in advance for the purpose of scheduling events or
travel that reasonably require more substantial advance planning. 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
IBPO 2016 Contract - Page 19
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 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 restoration of a vacation day or holiday.
Provided, however, court appearances on regularly scheduled days off, immediately
IBPO 2016 Contract - Page 20
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 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
IBPO 2016 Contract - Page 21
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 but not to exceed $824.67. 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 but not to
exceed $1,433.75 with respect to a single plus spouse plan or $1,303.40 with respect to
a single plus child or children plan or$1,680.72 with respect to a single plus 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.
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
IBPO 2016 Contract - Page 22
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 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
IBPO 2016 Contract - Page 23
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 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
IBPO 2016 Contract - Page 24
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 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)
IBPO 2016 Contract - Page 25
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.
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 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.
IBPO 2016 Contract - Page 26
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 written request, a police officer annually shall be paid in money
the equivalent of up to eighty (80) hours of vacation time. Following submission of a
written request, a Personnel Action Form ("PAF") will be generated to initiate the payment.
The Police Department will keep written requests on file and the City will honor all signed
forms accordingly by duly paying such vacation time, assuming sufficient vacation balance
is available to the Police Officer. If the approved written request and PAF are received by
the City Finance office prior to the 20th day of any month, the payment for such vacation
will be issued on the date of the normal payroll distribution in the same month. If the
approved written request and PAF are received by the City Finance office after the 20th
day of any month, payment for such vacation time will be issued the following month.
Such payments will occur on the normal payroll distribution date in accordance with the
IBP0 2016 Contract - Page 27
submission deadlines above in the form of a separate check. Every effort will be made to
process such requests in a timely fashion. 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)
(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)
IBPO 2016 Contract - Page 28
(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 leave during the
calendar year. Such time shall not accumulate; employees, however, may submit a
written request to be paid for these sixteen (16) hours of personal leave on an annual
basis. The Police Department will keep written requests on file and the City will honor all
signed forms accordingly by duly paying such personal holiday time. If the approved
written request and PAF are received by the City Finance officer prior to the 20th day of
any month, the payment for such personal holiday will be issued on the date of the normal
payroll distribution in the same month. If the approved written request and PAF are
received by the City Finance office after the 20th day of any month, payment for such
IBPO 2016 Contract - Page 29
personal holiday time will be issued the following month. Such payments will occur on the
normal payroll distribution date in accordance with the submission deadlines above in the
form of a separate check. Every effort will be made to process such requests in a timely
fashion.
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 ten (10) 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 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
IBPO 2016 Contract - Page 30
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 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.
IBPO 2016 Contract - Page 31
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.
The Police Department will keep written requests on file and the City will honor all signed
forms accordingly by duly paying such sick time. If the approved written request and PAF
are received by the City Finance office prior to the 20th day of any month, the payment for
such sick time will be issued on the date of the normal payroll distribution in the same
month. If the approved written request and PAF are received by the City Finance office
after the 20th day of any month, payment for such sick time will be issued the following
month. Such payments will occur on the normal payroll distribution date in accordance
with the submission deadlines above in the form of a separate check. Every effort will be
made to process such requests in a timely fashion.
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 date of birth,
whichever occurs first.
IBPO 2016 Contract - Page 32
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, 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)
IBPO 2016 Contract - Page 33
;gidL
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 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
IBPO 2016 Contract - Page 34
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, 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.
IBPO 2016 Contract - Page 35
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 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 contributions and shall continue to receive
health-medical plan benefits, and accrue credits for sick leave and vacation leave.
IBPO 2016 Contract - Page 36
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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;
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
IBPO 2016 Contract - Page 37
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 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
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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
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
IBPO 2016 Contract - Page 39
.
(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 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
IBPO 2016 Contract - Page 40
officer have more than one instance of four consecutive days off during any seven
consecutive, work 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.
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.
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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 year's 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 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
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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.
35.7 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
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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 In the event disciplinary action more punitive than a written
reprimand is recommended or considered by the Chief of Police, the Chief of Police shall
provide the employee with written notice that includes: A scheduled meeting date no less
than five (5) calendar days after such delivery of the notice and an opportunity to respond
orally or in writing on or before the meeting date. The written notice will be considered to
be delivered upon personal delivery to the employee or, if served by mail, one (1) day after
the statement has been mailed by FedEx Standard Overnight mail to the employee.
When an employee is off duty including on approved leave whether it be vacation, injury or
any other form of approved leave, the employee shall not be served personally but shall
be served by FedEx Standard Overnight mail.
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
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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 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
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alleged violation of an express term of this 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.
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
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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 of the date of the Deputy Chiefs 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.
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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 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.
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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 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.
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Extensions of time may be requested by either party. To be effective, any extension of
time 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 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
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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 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
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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.
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.
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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.
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
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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. 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.
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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 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 not include any right reserved to
the City under Article 4 of this Agreement.
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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, 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)
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S
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.
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
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•
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 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 Ill (graveyard) shall consist of all duty assignments other than
Watch I or Watch II.
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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 ($.40) per hour
multiplied by the number of hours in a normal work month.
45.3 In addition to all other compensation payable pursuant to this
agreement, an officer assigned to Watch III for any portion of a calendar month shall be
paid a shift differential for that month in an amount equal to eighty cents ($.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 /7 day of 'vr bet,— , 2015.
CITY OF PUEBLO
41,By - -
President of City Council
ATTEST:
City rk
IBPO 2016 Contract - Page 59
APPROVED AS TO FORM:
.ate - : )--< o%
City Attorney i
INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS (IBPO) LOCAL 537
/� cBy , i
President
By ,,-.e; V'' ,
/ Secretary
APPROVED ' " re F•R •
o
.Azor
i4Attor 7
i
IBPO 2016 Contract - Page 60