HomeMy WebLinkAbout05725ORDINANCE NO. 5725
AN ORDINANCE ADOPTING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS,
LOCAL 537, FOR THE CALENDAR YEARS 1992, 1993 AND 1994
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
The Collective Bargaining Agreement approved by the electorate on
November 5, 1991 for the calendar years 1992, 1993 and 1994, the original
of which is on file in the office of the City Clerk, having been approved
by the City Attorney, is hereby adopted.
SECTION 2
The President of the City Council is authorized and directed to
execute the Agreement for and on behalf of the City of Pueblo and the City
Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED: December 9, 1991
BY JOHN CALIFANO
COUNCILMAN
ATTEST:
C T RK
APPROVED:
PRESIDE T OF THE CITY COUNCIL
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
LOCAL 537
COMMENCING JANUARY 1, 1992
TABLE OF CONTENTS
ARTICLE PA E
ARTICLE 1.
PREAMBLE
1
ARTICLE 2.
TERM OF AGREEMENT
1
ARTICLE 3.
RECOGNITION
1
ARTICLE 4.
MANAGEMENT RIGHTS
2
ARTICLE 5.
DISCRIMINATION
3
ARTICLE 6.
UNION BUSINESS LEAVE
3
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
11
ARTICLE 16.
SALARY
12
ARTICLE 17.
OVERTIME COMPENSATION
12
ARTICLE 18.
RATE OF PAY AND APPOINTMENT TO TEMPORARY
DUTY IN A HIGHER CLASS
13
ARTICLE 19.
COURT TIME
14
TABLE OF CONTENTS
(Continued)
ARTICLE PA E
ARTICLE 20.
LONGEVITY COMPENSATION
15
ARTICLE 21.
UNIFORM ALLOWANCE
15
ARTICLE 22.
AUTOMOBILE ALLOWANCE
16
ARTICLE 23.
INSURANCE
16
ARTICLE 24.
MILITARY LEAVE
19
ARTICLE 25.
VACATION LEAVE
19
ARTICLE 26.
HOLIDAYS
22
ARTICLE 27.
SICK LEAVE
23
ARTICLE 28.
FUNERAL LEAVE
24
ARTICLE 29.
DUTY DISABILITY - INJURY LEAVE
25
ARTICLE 30.
PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY
27
ARTICLE 31.
COMPENSATION DURING PAID LEAVE
28
ARTICLE 32.
LEAVES OF ABSENCE
29
ARTICLE 33.
WORK SCHEDULE
30
ARTICLE 34.
REPORTING
31
ARTICLE 35.
MISCELLANEOUS PROVISIONS
32
ARTICLE 36.
DISCIPLINE AND DISCHARGE
32
ARTICLE 37.
GRIEVANCE PROCEDURE
35
TABLE OF CONTENTS
(Continued)
ARTICLE
PA E
ARTICLE 38. PAYROLL DEDUCTION OF DUES AND FEES 40
ARTICLE 39. SEVERABILITY, SAVINGS, AND AMENDMENTS 42
ARTICLE 40. WAIVER AND NOTICE 43
ARTICLE 41. OTHER CONDITIONS 44
ARTICLE 42. ENTIRE AGREEMENT 44
ARTICLE 43. PENSION CONTRIBUTION 45
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
This Agreement shall become effective January 1, 1992 and all of its provisions shall
remain fully effective through December 31, 1994, unless amended by the parties as herein set
forth. The second year of this Agreement may be reopened for negotiations during 1992, and
the third year of this Agreement may be reopened for negotiations during 1993, by the Union
upon written notice to the other party in substantial conformity with the provisions of the Charter
of the City of Pueblo, if the audited sales and use tax revenues of the City of Pueblo for the
preceding year reflects an increase of eight (8%) percent or more. Such negotiations shall be
limited to the provisions of Article 16. Salary and Article 23.1 Health Benefit Plan.
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 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, the right to disci-
pline or discharge for just cause, the right to decide job qualifications for hiring and promotion,
the right to lay -off, the right to establish or abolish positions, the right to make rules and
regulations governing conduct and safety, the right to determine the mission of the City and the
means and methods by which it is to be achieved, the right to determine schedules of work, the
right 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.
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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, national origin, 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
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 offices 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
3
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 officers granted Business Leave
under this Section shall be on call during attendance at such Union meetings.
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.
N
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
5
level of 40 hours training per year is deemed desirable, but not 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, 130 Central Main, 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
Training officers shall be selected by the City based upon the City's judgment relative to
experience, knowledge and ability, to effectively supervise and train. They shall receive the sum
of one hundred dollars ($100.00) per month while a field training officer program is in process.
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 of the employee's services to the City. The amount to be reimbursed will not exceed
five hundred dollars ($500.00) annually or seventy -five percent (75%) of the actual cost of
tuition, fees and books actually paid for by the employees, whichever is less. 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, and
provided further, that the other conditions of this Article are met:
- 30 semester Hours - $200.00;
- Associate Degree - $400.00;
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 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
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work for which he claims credit. An employee shall be paid only the amount of money listed
for the highest of the two levels he attains listed in Section 12.2 (30 hrs. or Assoc.).
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 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.
ARTICLE 14. APPOINTMENTS
14.1 All entrance appointments shall be probationary for a period of one (1) year. 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 and one -half (2 1/2) years service as a sergeant since the last
date of promotion.
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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 three highest
ranking persons on the appropriate eligible list.
(b) The Director may also request from the Commission further 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 appro-
priate 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.
9
(e) If less than three 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 three 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.
(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.
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0) 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 rank.
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, 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
11
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 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 and effective the dates indicated:
1/1/92 1/1/93 1/1/94
Police Sergeant:
$2,888.00
$2,923.00
$2,968.00
Identification Sergeant:
$2,888.00
$2,923.00
$2,968.00
Corporal:
$2,597.00
$2,632.00
$2
Police Patrol Officer:
Entry
$1,872.00
$1,907.00
$1,952.00
2nd Year
$2,152.00
$2,187.00
$2,232.00
3rd Year
$2,297.00
$2,332.00
$2,377.00
4th Year
$2,518.00
$2,553.00
$2,598.00
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 the prescribed work
schedule or shift.
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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 four (4) 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.
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.
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 or
more full shifts, the employee shall be paid seventy -five percent (75 %) 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
13
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.
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 one hour. 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. Provided, however, court appearances on regularly scheduled days
off, immediately 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.
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ARTICLE 20. LONGEVITY COMPENSATION
Commencing with the month following completion of five (5) years of actual continuous
service as a full -time employee in the Police Department of the City, each such employee shall
receive, in addition to all other compensation for full -time services, the amount of Twenty -Five
Dollars ($25.00) per month; following ten years of such service, Thirty -Five Dollars ($35.00)
per month; following fifteen years of such service, Forty -Five Dollars ($45.00) per month;
following twenty years of such service, Fifty -Five Dollars ($55.00) per month. In no event shall
longevity compensation exceed Fifty -Five Dollars ($55.00) per month.
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, 1991, shall continue to be prescribed
during the term of this Agreement.
21.2 In January of each year, the sum of Two Hundred Dollars ($200.00) shall be paid
to each employee of the Police Department included in the bargaining unit as a uniform allow-
ance. Ninety -Five Dollars ($95.00) per month shall also be paid as uniform allowance to each
such employee of the Police Department. In the event such employee leaves the service of the
City during the ensuing year, the sum of Sixteen Dollars and Sixty -Six Cents ($16.66) shall be
deducted from such employee's final salary payment for each month remaining in that calendar
year.
21.3 Each employee shall have the option of electing not to receive an amount not to
exceed Ninety -Five Dollars ($95.00) per month of the monthly cash allowance provided pursuant
is
to this Article. The City, at the direction of the employee, shall apply said amount to the
premiums for such employee's health and dental insurance provided pursuant to Article 23
hereof, in addition to the City's contribution pursuant to said Article, or to the cafeteria plan.
If the amount so designated is, for any reason, in excess of the amount necessary to pay one
hundred (100 %) percent of such premiums, when combined with the City's contribution, the
excess shall be returned to the employee's uniform allowance. Each employee electing the option
under this plan shall notify the City in writing of such election within fifteen (15) days of the
City's notice to employees of the annual insurance premium rates. If such notice and /or election
occur prior to January 1 st, such election shall be effective for the following calendar year. If
such notice and /or election occurs subsequent to January 1 st, such election shall be effective for
the calendar year in which election is made. Such election shall be irrevocable for each calendar
year, except that a new election may be made within thirty (30) days after a change in the
employee's family status.
ARTICLE 22. AUTOMOBILE ALLOWANCE
A police officer who is required and specifically authorized by the Chief to operate his
personally owned automobile in conduct of City business shall be paid mileage of twenty -five
cents ($.25) per mile 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 make every reasonable effort to obtain a health benefit plan
covering the employees in the bargaining unit. The City reserves the right to determine and
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select the insurance company or other provider of health care benefits for such plan, so long as
the exercise of such right is consistent with applicable law. For an employee covered by an
individual plan, the City will contribute monthly Seventy -Five Dollars ($75.00) plus one -half
(1/2) of the difference between the full cost on the individual plan and Seventy -Five Dollars
($75.00) towards such individual's coverage. For an employee covered by a family plan, the
City shall contribute monthly One Hundred Eighty -Five Dollars ($185.00) plus one -half (1/2)
of the difference between the full cost of the family plan and One Hundred Eighty -Five Dollars
($185.00) towards the cost of such family plan, up to a maximum monthly contribution of Two
Hundred Sixty -Nine Dollars ($269.00), in addition to the $20.00 per month dental insurance
contribution provided herein. If the City is unable to obtain such a health benefit plan, it shall
pay directly to a health benefit plan provider selected by the employee the above -cited sums,
calculated upon the basis of the cost for the last health benefit plan provided by the City and
covering the employees.
23.1.2 The City may arrange for a health benefit plan which provides deductibles in the
amount of One Hundred Dollars ($100.00) per individual or Two Hundred Dollars ($200.00) per
family and coinsurance in the amount of Four Hundred Dollars ($400.00) per individual and
Eight Hundred Dollars ($800.00) per family. The health benefit plan obtained by the City shall
provide coverage and benefits substantially equivalent to the level provided by the Blue Cross
and Blue Shield of Colorado's Choice 2 plan, with Custom Plus, Prime Health Plan and HMO
Colorado options.
23.1.3 The City and Union will form a committee (Benefits Committee) composed of two
designated representatives of the Union and two designated representatives of the City to meet
17
and confer over the determination of benefits as provided in Article 23. With the exception of
insurance business completed prior to this agreement, as long as such business is consistent with
the provisions of Article 23.1.1, the City will confer with the committee before letting bids under
its authority granted by Article 23.1.1. The Benefits Committee will additionally be used for
purposes of implementing Article 23.6. The City will also meet and confer with the Benefits
Committee if it undertakes to alter any other benefit provided in Article 23. Nothing in the
language of Article 23.1.3 shall be interpreted as to preclude the formation of a benefits
committee which would include representatives of other bargaining units.
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 deliberations or recommendations of the committee under Section 23.1.3 of this
Article shall not be subject to the grievance /arbitration procedure of this Agreement.
23.5 The City will establish during the term hereof a cafeteria plan pursuant to Section
125 of the Internal Revenue. Code. The City, with the assistance of the Benefits Committee
provided in Article 23.1.3, will draw up bid specifications and through a selection process make
a decision relative to the appropriate administrative firm and effective date of the plan. The
benefits of the plan shall be consistent with Section 125 of the Internal Revenue Code and
is
mutually acceptable to the parties. The payment of administrative costs shall be determined by
the Benefits Committee. If the committee is unable to reach agreement on any aspect of the plan,
the City will be free to implement the approach supported by its representatives during committee
discussions.
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 fifteen (15) calendar days in any
one year, 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 be allowed vacation leave, with pay, at the rate of twelve (12) working shifts each
year, or six (6) working shifts for the first six (6) months of full -time service with the City.
Vacation leave shall be accumulated 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 be allowed vacation leave, with pay, at the rate
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of fifteen (15) working shifts each year. Vacation leave shall be accumulated 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) years of
completed continuous service with the City shall be allowed vacation leave, with pay, at the rate
of eighteen (18) working shifts each year. Vacation leave shall be accumulated 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 be allowed vacation leave, with pay, at the rate of twenty -one (21)
working shifts each year. Vacation leave shall be accumulated 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.
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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 form the date of his return.
25.8 At his request, a police officer shall be paid in money the equivalent of up to ten
(10) working shifts of vacation time annually. The payment of such sum shall be made to such
officer, at his request, in the event of shown need, by a separate check issued by the City within
ten days from such request. 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 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.
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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 last Monday in May (Memorial Day)
(d) The fourth day of July (Independence Day)
(e) The first Monday in September (Labor Day)
(t) The second Monday in October (Columbus Day)
(g) The eleventh day of November (Veterans Day)
(h) The fourth Thursday in November (Thanksgiving
Day)
(i) The day after Thanksgiving
0) The twenty -fifth day of December (Christmas Day)
(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
one additional working shift 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
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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 two (2) days of personal leave during the calendar year. Such
time shall not accumulate; if not used, the employee forfeits any right to such holiday.
ARTICLE 27. SICK LEAVE
27.1 Sick leave shall be accrued by each permanent full -time police officer at the rate
of one and one -half days for each month of completed full -time service for the City of Pueblo
to a maximum of 200 days.
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 a life threatening illness or illness requiring hospitalization of the
employee's spouse or child, 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
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W
scheduled work shift 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
whose sick leave accumulation exceeds 75 days shall be paid at his regular rate of pay for the
amount of sick leave accumulated over 75 days but not to exceed 75 days.
27.3.1 Upon separation due to retirement or death, an officer shall be paid at his regular
rate of pay for all accumulated sick leave, but not to exceed 120 days.
27.3.2 In the event of death, such sum shall be paid 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 No sick leave benefits shall be payable to any employee injured while in the
employ of an employer other than the City of Pueblo.
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
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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 seven
(7) 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 seven (7) 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) 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 accrued.
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. 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
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I i ". n=11 1 11._ � i 1
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 compensation under the
Workmen'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.
Workmen'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 a 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
26
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.
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
27
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.
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 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 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:
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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 Such other benefits as by the terms of this Agreement are intended to be available
during periods of authorized leave.
ARTICLE 32. LEAVES OIF 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
29
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 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 The basic daily work shift for police offices 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 may be required to work at his regular rate of pay more than
eight (8) hours in a twenty -four (24) hour period for the purpose of accomplishing rotation of
shifts or attendance at in- service training scheduled for three or more consecutive days.
30
33.2 The work schedule of police officers during each twenty -eight (28) day work period
shall provide for two (2) consecutive days off during each seven (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, when they may be
required to work up to eight (8) consecutive days at the regular rate of pay.
33.3 During each eight (8) hour work day, when conditions reasonably permit, each
police officer shall be entitled to one -half hour as a meal break. Police officers on meal breaks
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.
33.4 There shall be no split shifts.
33.5 The Chief, with written consent of any police officer, may assign to such officer
a work schedule for a period not to exceed six (6) months not set forth in this Article.
33.6 The City may not substantially alter the practice of shift rotation as same existed
on April 1, 1991, without an amendment to this Agreement being first accepted by the parties
as herein set forth.
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.
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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.
ARTICLE 35. MISCELLANEOUS PROVISIONS
35.1 Shifts 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. 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 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.
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 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
non - 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
32
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 An officer who is to be suspended without pay or discharged shall be given a
written statement indicating the reasons or grounds for such action. If the action to be taken is
discharge, the officer may within five (5) calendar days after receipt of the statement file his
written response thereto setting forth in detail his explanation of or defenses, if any, to the
reasons or grounds contained in the statement. The Chief will consider the officer's written
response, if timely received by him before taking action on the discharge. The written statement
or notice of action taken shall be considered given to the officer, if personally delivered or, if
unable to be personally delivered, three (3) days after the statement has been mailed by first class
mail to the officer.
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 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.
33
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.
36.9 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.
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ARTICLE 37. GRIEVANCE PROCEDURE
37.1 An employee and /or the Union, or the City, when damaged by an 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; (t) the
date of the grievance.
37.3.3 Any City official may take any action through a designee or alternate.
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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 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 Major or Bureau Commander 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 Major of Bureau Commander shall give his written answer
to the grievance within seven (7) days of the date on which he received the grievance. The
Major or Bureau Commander 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
Major or Bureau Commander, the grievant and /or the Union may request a meeting with the
Chief or his 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 designee within seven (7)
calendar days of the date of the Major or Bureau Commander 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 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
36
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.
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 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 request appeal to arbitration by giving written
notice of intent to submit the dispute to arbitration within fifteen (15) days following receipt of
the answer of the City Manager. Arbitration shall be pursuant to the then current rules of the
American Arbitration Association. 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,
37
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.
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
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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. 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. 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.
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37.5.10 SCOPE OF ARBITRATOR'S AUTHORITY. The findings and 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 author-
ized 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
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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 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 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
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agreeing upon a lawful provision which would accomplish the intent of the parties as expressed
by the provision declared invalid.
39.2 Special 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 procedures available under this Agreement.
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.
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
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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.
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 its
supercedes 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.
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ARTICLE 43. PENSION CONTRIBUTION
During the first year of this Agreement, the City shall take all reasonable steps necessary
to qualify the City of Pueblo Policemen Retirement Plan pursuant to Sections 401 and 414 of the
Internal Revenue Code, so that employee contributions to the Plan are picked up and treated as
employer contributions for income tax purposes, as recommended by the Board of the Pueblo
Policemen Retirement Plan on April 15, 1986, and July 14, 1988 and consistent with Resolution
6248 of the City Council adopted July 25, 1988.
Signed this �P ? -:�- day of — P i-:0 EM 3 F- R , 1991.
CITY OF PUEBLO
By
Presi of City Council
ATTEST:
1 W'4'x zS gzo--d
Cit Cler
APPROVED AS TO FORM:
City Attorne
INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS (IBPO) LOCAL 537
By
P " ident
By f�
Secretary
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