HomeMy WebLinkAbout09983ORDINANCE NO. 9983
AN ORDINANCE AMENDING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF
PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS LOCAL 537 RELATING TO RATE OF
PAY FOR ENTRY LEVEL POLICE PATROL OFFICERS
WHO HAVE PRIOR EMPLOYMENT AS A POLICE OFFICER
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 pursuant to the requirements of Section 8-14(l) of the Charter of the City of
Pueblo, Colorado, is enacted as an Ordinance.
SECTION 2.
The Mayor is authorized to execute the Amendment to the Collective Bargaining
Agreement in the name of the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of this Ordinance to implement the policies and procedures
described herein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 26, 2021 .
Final adoption of Ordinance by City Council on August 9, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on August 12, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: July 26, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Chris Noeller, Interim Police Chief
Bob Jagger, Senior Assistant City Attorney
Marisa Pacheco, Human Resources Director
SUBJECT: AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537
RELATING TO RATE OF PAY FOR ENTRY LEVEL POLICE PATROL
OFFICERS WHO HAVE PRIOR EMPLOYMENT AS A POLICE OFFICER
SUMMARY:
Mayor Gradisar and the Police Department request the approval of an amendment to the
collective bargaining agreement between the International Brotherhood of Police Officers Local
#537 (IBPO #537) and the City of Pueblo to allow for higher entry level salary rates and an
abbreviated academy for Police Patrol Officers hired laterally from other police agencies with
relevant experience.
PREVIOUS COUNCIL ACTION:
City Council approved and enacted the collective bargaining agreement between the City of
Pueblo and the international Brotherhood of Police Officers Local #537 commencing January 1,
2020, on August 26,2019 via ordinance No. 9532. This was a three-year agreement. Two
subsequent extensions of the agreement were approved in 2020 and 2021, respectively.
BACKGROUND:
The Pueblo Police Department has been working with the leadership of IBPO #537 to generate
creative solutions to the recruitment challenges the department is facing. Specifically, over the
last several years, the number of viable Police Officer candidates has been falling. There are a
number of factors contributing to this phenomenon to include perceived and real police
misconduct spurring law enforcement reform, waning interest in law enforcement careers,
changes in legislation affecting law enforcement immunity and an increasingly tight labor pool.
The challenges are not unique to the Pueblo Police Department as agencies around the state and
country are facing similar challenges.
Currently, Pueblo Municipal Code and the collective bargaining agreement allow for entry level
Police Officers to be hired in at the entry pay rate ($47,416.80 per year for 2021) and require that
all recruits complete the full 26-week police training academy. This is the practice regardless of
whether the individual hired has prior law enforcement experience or not. This has limited the
pool of experienced law enforcement candidates who would be faced with a substantial pay cut
to join the Pueblo Police Department.
This amendment seeks to allow the hire of Police Officers from other agencies at a higher rate of
pay, up to the maximum of Step 5 of the salary schedule in place at the time of hire ($69,071.28
in 2021) based on years of eligible experience. Eligible experience will be that of a state, county,
or municipal officer with a minimum of two years of patrol experience. Such eligibility will be
determined by the Pueblo Police Chief or his/her designee as part of the employment offer
process. No other conditions of the collective bargaining agreement to include seniority will be
impacted by this amendment.
In addition to rate of pay upon hire, another barrier to attracting experienced law enforcement
candidates is the lengthy academy. Given lateral hires will have already gone through an
academy and would be Peace Officer Standards and Training (POST) certified in the state of
Colorado or possess equivalent certification from another state, a full academy would not be
necessary. An abbreviated training academy would be offered to lateral hires of approximately
8-weeks. This is highly attractive to lateral candidates and to the City as this would result in a
substantially shortened timeframe between hire and full deployment to duty.
The City and the IBPO #537 both recognize the importance of filling critical vacancies at the
Pueblo Police Department. Proactive outreach and recruitment will continue for both entry level
candidates as well as lateral law enforcement candidates. This amendment, if approved, would
specifically address what are believed to be primary obstacles in attracting and hiring lateral
candidates. Hiring experienced law enforcement candidates is strategic as these individuals can
contribute more quickly in a meaningful way in support of the Pueblo Police Department’s mission
to protect and serve the Pueblo community.
FINANCIAL IMPLICATIONS:
The financial implications of this are unknown as the number of lateral candidates will not be
known until the recruitment process is underway and not officially until offers of employment are
extended.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
The Pueblo Police Department worked collaboratively with the leadership of the IBPO #537 who
agreed to and executed the attached amendment, without changes, on July 13, 2021.
ALTERNATIVES:
The no action alternative would be to retain the current policy and practice of requiring
experienced law enforcement candidates to hire on at the entry level Police Patrol Officer salary
and attend the full academy.
RECOMMENDATION:
Approval of the Ordinance.
AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
THIS AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
("Amendment") is entered into this la day of , 2021 by and between
the International Brotherhood of Police Officers L cal 537 ("Union") and Pueblo, a municipal
corporation ("City").
WHEREAS, City and Union are parties to a collective bargaining agreement effective
January 1, 2021 through December 31, 2022 (herein "Labor Agreement"); and
WHEREAS, in the interest of attracting, recruiting and hiring qualified entry level police
patrol officers, the parties are in support of authorizing a higher rate of initial compensation as
herein provided and with respect to appointments from the civil service eligible list for police
patrol officers.
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 14 of the Labor Agreement is amended by the addition of a new Subsection
14.6 to read as follows:
14.6 Initial compensation of a Police Patrol Officer who is currently certified as
a peace officer and has prior service as a peace officer in another jurisdiction may
be approved by the Mayor at a rate higher than the minimum rate in the salary
schedule and equivalent to the years of such service; provided, however, such rate
shall not exceed the pay level in step 5 of the salary schedule for Police Patrol
Officer. Any such approval shall be at the sole and absolute discretion of the Mayor
and not otherwise subject to the grievance and arbitration procedures of the
Agreement. Notwithstanding any provisions of the ordinances of City to the
contrary, including Section 6-5-5(a), P.M.C., no other employee's rate of pay shall
be adjusted because of any such approved rate of higher initial compensation. In
addition, any such approved rate of higher initial compensation shall not in any
manner change or be construed to increase such employee's seniority.
2. Except as expressly modified by this Amendment, the Labor Agreement shall
remain in full force and effect.
3. Each person signing this Amendment on behalf of a party represents and warrants
that he or she has the requisite power and authority to enter into, execute and deliver this
Amendment on behalf of such party and that this Amendment is a valid and legally binding
obligation of such party enforceable against it.
Executed in Pueblo, Colorado, as of the date first above written.
CITY OF PUEBLO
ATTEST:
By: 2(�4,04
City Cl k Mayor
LOCAL 537, INTERNATIONAL
BROTHERHOOD OF POLICE OFFICERS
ATTEST:
By:
Secretary President