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Home My WebLink About10141ORDINANCE NO. 10141 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO A 4/10 WORK SCHEDULE FOR EMPLOYEES ASSIGNED TO THE SPECIAL INVESTIGATIONS DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Memorandum of Understanding between the City of Pueblo and the International Brotherhood of Police Officers Local 537 (“Amendment”), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute 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 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 March 14, 2022 . Final adoption of Ordinance by City Council on March 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on March 30, 2022 . □ 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-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 14, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO A 4/10 WORK SCHEDULE FOR EMPLOYEES ASSIGNED TO THE SPECIAL INVESTIGATIONS DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: The proposed Memorandum of Understanding implements a 4/10 work schedule (Ten \[10\] hour shifts for four (4) consecutive days during the workweek) on a trial basis for covered employees assigned to the Special Investigations Division. PREVIOUS COUNCIL ACTION: None BACKGROUND: This schedule adjustment will benefit the employees of the Narcotics Unit in several ways. First, the Unit will be able to dedicate 25% consecutive hours to their daily work without causing overtime hours. Second, the move to the four-day workweek aligns the Special Investigations Division (SID) with the vast majority of the Pueblo Police Department. The SID is one of the few groups within the organization still on the five-day workweek. The three-day break rather than the two-day break increases employee satisfaction, allows the employees of the Unit to disconnect and decompress; to take time away to dedicate to their home lives. The PPD could benefit through increased productivity, decreased worker burnout, and lower turnover. FINANCIAL IMPLICATIONS: There should be no additional cost to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: City Council may decline the MOU. If that occurs, the Division will continue their current schedule. RECOMMENDATION: The Pueblo Police Department recommends approval of the Ordinance. Attachments: MOU MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this I day of January, 2022 by and between the City of Pueblo, a municipal corporation ("City") and the International Brotherhood of Police Officers Local 537 ("Union"). WHEREAS, City and Union are currently parties to a collective bargaining agreement commencing January 1, 2020 ("Labor Agreement"). WHEREAS, subject to the terms and conditions herein set forth, Union and City are interested in implementing a work schedule on a trial basis for covered employees assigned to the Special Investigations Division which work schedule differs from the prescribed work schedules set forth in Article 33 of the Labor Agreement. NOW THEREFOR, in consideration of the mutual covenants and agreements to be performed as hereinafter set forth, the parties agree as follows: 1. Covered employees assigned as Detectives or Detective Sergeant to the Narcotics Section and Criminal Information Section of the Special Investigation Division of the Pueblo Police Department shall not work the prescribed work schedules set forth in Article 33 of the Labor Agreement but shall instead work the following basic work week and shift and with the following conditions: (a) Ten (10) hours shifts for four (4) consecutive days during the workweek. Work schedules including workdays and shift start and end times shall be determined and may be changed at the discretion of the Chief of Police or designee. Such discretion shall not be exercised in an arbitrary or capricious manner. (b) Work schedules shall include the scheduling of three day off in a workweek. The scheduling of such days off shall not limit nor otherwise impair the right to assign mandatory overtime. (c) Workdays and shift start and end times shall be scheduled to commence no earlier than 8:00 a.m. and to end no later than 2:00 a.m. the following calendar day. The workweek shall commence at 6:00 a.m. Monday and end at 5:59 a.m the following Monday. 2. This MOU shall not apply to covered employees assigned to any other Section, squad or work group in the Special Investigation Division of the Pueblo Police Department including but not limited to the DEA Task Force. 3. During the term of this MOU, the Union waives any obligation the City may have to comply with any provisions of the Labor Agreement in conflict with the provision of this MOU and its implementation. 4. This MOU is temporary and subject to termination by the City at any time, in its sole discretion, with or without cause. Notice of such termination shall be mailed to Union in the manner provided in the parties' Labor Agreement and at least 30 days prior to the effective date of termination. The decision to terminate this Memorandum of Understanding shall not be subject to the grievance and arbitration procedures set forth in the Labor Agreement between Union and City. 5. This Memorandum of Understanding shall have no precedential value with respect to the terms and conditions of employment shall not be relied upon as identifying or establishing any past practice between the parties and shall not be construed in any manner as limiting or affecting the management rights of City. Executed at Pueblo, Colorado, the year and day first above written. For City For Union By: ' By: Title: City Mayor Title: President Print Name: Nick Gradisar Print Name: Jimmie Quintana