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