Loading...
HomeMy WebLinkAbout09143ORDINANCE NO. 9143 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2017 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO HOURS WORKED FOR THE PURPOSES OF DETERMINING OVERTIME AND ADOPTING A ROTATING SELECTION PROCEDURE FOR FORCED OVERTIME ASSIGNMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537, 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 and deliver the Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. 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 passage and approval. INTRODUCED: June 26, 2017 BY: Ed Brown PASSED AND APPROVED: July 10, 2017 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 26, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez, Chief of Police SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE 2017 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO HOURS WORKED FOR THE PURPOSES OF DETERMINING OVERTIME AND ADOPTING A ROTATING SELECTION PROCEDURE FOR FORCED OVERTIME ASSIGNMENTS SUMMARY: The proposed amendment to the collective bargaining agreement between the City and the International Brotherhood of Police Officers Local 537 (“Labor Agreement”) would amend the current provisions of Article 17 including an amendment providing that compensatory time is included in calculating hours worked for the purpose of overtime and adopting a selection procedure with respect to overtime assignments. PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: A number of issues and grievances have arisen since January 1, 2017 with respect to whether compensatory time is included in calculating hours worked for the purposes of overtime and whether the least senior officer is required to always be selected for forced overtime assignments. The proposed amendment resolves these issues to the satisfaction of the Union and Department. FINANCIAL IMPLICATIONS: The financial impact would not be significant. Presently, the Department does not grant compensatory time and all overtime worked is paid when incurred. If such policy were to change there will be increased costs associated with overtime. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the City Council does not pass and approve the Ordinance and proposed Amendment, the current provisions of the Labor Agreement will continue to apply. RECOMMENDATION: Both City administration and the Union recommend passage and approval of the Ordinance. Attachments: Amendment AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT THIS AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT ("Amend- ment") is entered into this 10 day of July , 2017 by and between the International Brotherhood of Police Officers Local 537 ("Union") and Pueblo, a municipal corporation ("City"). WHEREAS, City and Union are parties to a collective bargaining agreement effective January 1, 2017 through December 31, 2017 (herein "Labor Agreement"); and WHEREAS, the Union has filed and there is currently pending the following grievances: Step four grievance dated March 20, 2017, AAA Case No. Case 01-17-0001-7277 (the "Arbitration") which alleges violation of Article 17 including failure to use compensatory time in calculating overtime hours worked ("Grievance"); and Pending grievances filed with respect to seniority and selection of officers for forced overtime including grievances filed by Thomas DeCesaro, Ron Gravatt, Jr., and Ron Nash. ("Grievances"). WHEREAS,City is agreeable to amending Section 17.1 of the Labor Agreement to include compensatory time as hours worked subject to and conditioned upon all clarifying and additional amendments to Article 17 and all the other promises and covenants herein contained. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements to be performed as herein set forth, the parties agree as follows: 1. Article 17 of the Labor Agreement is amended to read as follows: 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 compensatory time off, 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. 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. Whether or not compensatory time off is allowed to accrue, in lieu of overtime pay, shall be at the sole and absolute discretion of the City. 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. 17.5 The City has the right to require overtime to be worked as necessary; provided, however, the City shall solicit volunteers for any of the following assignments outside of the prescribed work schedule of a police officer, which assignments shall, for purposes of reference herein, be identified as "voluntary overtime assignments" even though same may not result in overtime pay under the above Section 17.1: A. Extra Duty is voluntary overtime assignment 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 assignment 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 assignment 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 assignment 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 assignments. With respect to each list, officers shall provide one telephone contact number capable of receiving text messages by which they shall be contacted for voluntary overtime assignments. When the overtime list is used, the City will text all the numbers on the appropriate overtime list with information regarding when the overtime is to occur. Officers on the list will have one hour in which to contact the originating Sergeant or Captain to indicate they are willing to accept the overtime. The officer who responds to the request and is highest on the list will be granted the overtime. Once an officer is selected, the officer shall be rotated to the bottom of the applicable list. Officers must respond within one hour of the text to be considered. Subject to the requirements of this Section, lists required by this Agreement and in existence at the beginning of the term of this Agreement shall continue in effect. Any officer who subsequently provides a qualifying telephone number in the manner above noted shall be placed at the bottom of the applicable list as it exists on the date of receipt of the e-mail. A copy of each list shall be served upon the Union President by electronic mail on an annual basis. 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 assignment shall be assigned on a first come, first serve basis. If insufficient Patrol Officers and Corporals sign up, then the sign up list may be circulated a second time for Sergeants. 17.11 When the need for overtime in patrol is determined during the shift prior to the vacancy, the City shall ask for volunteers for such assignment 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. With respect to overtime assignments which cannot be filled voluntarily after utilizing the appropriate voluntary overtime list, the City shall maintain and utilize a separate list of officers ranked in order of seniority for each shift ("Forced Overtime List"). Selection shall be made as equally as practical among officers on the shift prior to the shift in which the vacancy shall occur according to least seniority; provided,however, any officer on said shift may volunteer to accept the overtime assignment although the City shall have no obligation to solicit such a volunteer. Once an officer is selected, such officer shall be rotated to the bottom of the list. An officer who volunteers for selection shall be rotated to the bottom of the list just as any other selection. To the extent reasonably practical,the City shall provide one hour advance notice to an officer selected for the assignment on a non- voluntary basis. The failure to provide such notice, however, shall not be subject to the grievance and arbitration procedure of the Labor Agreement. The City may bypass an officer when the City reasonably believes, based upon the total hours previously worked by the officer, that such selection would not be in the best interest of the City. On January 1, April 1, July 1, and October 1 of each calendar year of this Agreement, the Forced Overtime List shall be reset and adjusted in order of seniority for each shift so that the least senior officers are at the top of the list and the most senior officers are at the bottom of the 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 Reserved. 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; provided, however and notwithstanding any provision of this Agreement to the contrary, requests for use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates must be filed at least 30 days but not more than 45 days in advance and must not create an undue disruption. In the event there are multiple competing request for one or more slots for which comp time may be granted, such competing requests shall be approved on a first in time basis, i.e. first come first served. It is understood and acknowledged that use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates has historically created an undue disruption for the Department, and as such, any denial of the request to use comp time on such dates whether based upon its untimeliness or because it creates an undue disruption shall not be subject to the grievance and arbitration procedure of this Agreement. 17.15 Requests for the use of comp time filed less than seven(7) days prior to the proposed leave shall be reviewed by the officer's Captain and shall be granted if said Captain finds that circumstances reasonably allow for such leave. 17.16 The granting of comp time leave for an officer shall not cause the cancellation of previously approved personal day or vacation leave for any other officer. 17.17 A request for personal day leave or vacation leave (other than that which is predetermined through the annual sign-up process) shall be granted or denied within seven (7) days of the filing of such a request. 17.18 Except for requests with respect to use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates, 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. 2. The Grievances are hereby dismissed with prejudice, and this Amendment shall constitute a complete settlement of all claims raised in the Grievances. The Union shall take all actions necessary to dismiss with prejudice the Arbitration. The Union further stipulates, acknowledges and agrees that the dismissal of the Grievance with prejudice is binding not only to the issues raised but is binding and shall preclude any grievance upon the same or similar basis with respect to any other form of unpaid leave other than compensatory time; provided, however, officers shall be compensated for the amount of any compensation not received since January 1, 2017 due to the exclusion of compensatory time in calculating hours worked under Section 17.1 of the Labor Agreement. 3. The Directive of the Chief of Police dated April 26,2017 and effective May 1,2017 discontinuing the granting of compensatory time shall be unaffected by this Amendment. If the Directive is rescinded or otherwise amended in the future at the discretion of the Chief of Police, any compensatory time granted and use thereof shall be subject to this Amendment. 4. Each person signing this Amendment on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute and deliver this Amendment on behalf of such party and that this Amendment is a valid and legally binding obligation of such party enforceable against it. 5. This Amendment represents the entire agreement between the Parties with respect to its subject matter and supersedes all prior discussions or understandings that the parties may have with respect to same. Executed in Pueblo, Colorado, as of the date first above written. CITY OF PUEBLO ATTEST: � By: City rk e ity Council LOCAL 537, INTERNATIONAL BROTHERHO• I OF 'OLICE OFFICERS T ST: By: Secr ary • ident