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HomeMy WebLinkAbout05885ORDINANCE NO. 5885 AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS, LOCAL 537, FOR THE CALENDAR YEAR 1995 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: SECTION 1 The Collective Bargaining Agreement to be entered into July 25, 1994, between the City of Pueblo, a Municipal Corporation and International Brotherhood of Police Officers, Local 537, for the calendar year 1995, the original of which is on file in the office of the City Clerk, is hereby approved. 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: July 11, 1994 BY PATRICK AVALOS COUNCIL PERSON APPROVED: ATTEST: P I NT OF THE CITY COUNCIL CITY CLERK COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PUEBLO AND INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 COMMENCING JANUARY 1, 1995 TABLE OF CONTENTS ARTICLE PAGE ARTICLE 1. PREAMBLE 1 ARTICLE 2. TERM OF AGREEMENT 1 ARTICLE 3. RECOGNITION 1 ARTICLE 4. MANAGEMENT RIGHTS 1 ARTICLE 5. DISCRIMINATION 2 ARTICLE 6. UNION BUSINESS LEAVE 3 ARTICLE 7. RULES AND REGULATIONS 4 ARTICLE 8. STRIKES 4 ARTICLE 9. SAFETY 4 ARTICLE 10. TRAINING 5 ARTICLE 11. TRAINING OFFICER 6 ARTICLE 12. EDUCATIONAL INCENTIVE 6 ARTICLE 13. UTILIZATION OF SPECIAL SKILLS 7 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 PAGE 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 20 ARTICLE 26. HOLIDAYS 22 ARTICLE 27. SICK LEAVE 23 ARTICLE 28. FUNERAL LEAVE 25 ARTICLE 29. DUTY DISABILITY - INJURY LEAVE 26 ARTICLE 30. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY 28 ARTICLE 31. COMPENSATION DURING PAID LEAVE 29 ARTICLE 32. LEAVES OF ABSENCE 29 ARTICLE 33. WORK SCHEDULE 31 ARTICLE 34. REPORTING 33 ARTICLE 35. MISCELLANEOUS PROVISIONS 34 ARTICLE 36. DISCIPLINE AND DISCHARGE 34 ARTICLE 37. GRIEVANCE PROCEDURE 37 TABLE OF CONTENTS (Continued) ARTICLE PAGE ARTICLE 38. PAYROLL DEDUCTION OF DUES AND FEES 42 ARTICLE 39. SEVERABILITY, SAVINGS, AND AMENDMENTS 45 ARTICLE 40. WAIVER AND NOTICE 46 ARTICLE 41. OTHER CONDITIONS 46 ARTICLE 42. ENTIRE AGREEMENT 47 ARTICLE 43. PENSION CONTRIBUTION 47 ARTICLE 44. SHIFT ASSIGNMENT 47 ARTICLE 45. SHIFT DIFFERENTIAL 49 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, 1995 and all of its provisions shall remain fully effective through December 31, 1995, unless amended by the parties as herein set forth. 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 discipline 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. 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. 2 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 officers 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 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. 3 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. 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 10 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 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 5 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. 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 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 rA 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. 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 appropriate 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. (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. 0 (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. Q) 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 10 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 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. 11 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 January 1, 1995: Police Sergeant: $3,097.00 Identification Sergeant: $3,097.00 Corporal: $2,793.00 Police Patrol Officer: Entry $2,038.00 2nd Year $2,330.00 3rd Year $2,481.00 4th Year $2,711.00 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. 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 12 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 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 classifica- tion. 13 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. Officers who receive a subpoena for appearance at a judicial or administrative proceeding and later request or schedule a personal holiday or vacation day on the date for which they have been subpoenaed shall not be entitled to restoration of a vacation day or holiday. 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. 14 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, 1994, 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 ($95.00) per month of the monthly cash allowance provided pursuant 15 to this Article. The City, at the direction of the employee, shall apply said amount to the premiums for such employee's health and dental insurance provided pursuant to Article 23 hereof, in addition to the City's contribution pursuant to said Article, or to the cafeteria plan. If the amount so designated is, for any reason, in excess of the amount necessary to pay one hundred (100 %) percent of such premiums, when combined with the City's contribution, the excess shall be returned to the employee's uniform allowance. Each employee electing the option under this plan shall notify the City in writing of such election within fifteen (15) days of the City's notice to employees of the annual insurance premium rates. If such notice and /or election occur prior to January 1st, such election shall be effective for the following calendar year. If such notice and /or election occurs subsequent to January lst, such election shall be effective for the calendar year in which election is made. Such election shall be irrevocable for each calendar year, except that a new election may be made within thirty (30) days after a change in the employee's family status. ARTICLE 22. AUTOMOBILE ALLOWANCE A police officer who is required and specifically authorized by the Chief to operate his personally owned automobile in conduct of City business shall be paid mileage of twenty -five cents ($.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 under the procedures and conditions set forth in 16 this Article. 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 and the Union will form an insurance, joint, consultation committee composed of not more than two representatives designated by each. Nothing in the language of this Article shall be interpreted to preclude the participation of representatives of the bargaining agents of other bargaining units, from participating in the consultations of the committee. All meetings with representatives of health care plans, for the purpose of discussing bid specifications and plan structure, shall be conducted by and with the committee. 23.1.3 The committee shall confer regarding bid specifications and the letting of bids for the health benefit plan required under this Article. However, because of the City's contribution cap, the Union shall have the right to unilaterally determine the bid specifications for the health benefit plan covering employees in the bargaining unit. Such bid specifications shall include, but not be limited to, the following: 17 a) Deductibles; b) Copayments; c) Coverage; d) Benefits; e) Specialist referrals, location, and availability; f) Participation eligibility; g) Physicians available under the plan (The list of available primary care physicians under HMO and PPO options may be required, at a minimum, to include those physicians, who are designated as primary care physicians by 90% of the employees in the bargaining unit and covered dependents); h) Options; i) Tiers. 23.1.4 The City shall solicit bids for the health benefit plan based upon the bid specifications established by the Union. The City shall award the contract(s) for the health benefit plan to those bidders, who meet bid specifications at the lowest aggregate premium cost for all options required under the bid specifications. 23.1.5 Nothing in this Article shall preclude other City of Pueblo, employee, bargaining units, City of Pueblo Transportation Company employees or City of Pueblo, union - exempt, supervisory employees from participating in the health benefit plan provided pursuant to this Article. 23.1.6 The consultations of the committee established under Section 23.1.2 of this Article shall not be subject to the grievance /arbitration procedure of this Agreement. RE 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 City will continue to maintain the cafeteria plan established during the predecessor contract or a cafeteria plan substantially equivalent thereto. The benefits of the plan shall be consistent with Section 125 of the Internal Revenue Code and mutually acceptable to the parties. The payment of administrative costs shall be determined by the committee established under this Article. If the committee is unable to reach an 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 19 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 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. 20 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. 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 21 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. 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 third Monday in February (Presidents' Day) (d) The last Monday in May (Memorial Day) (e) The fourth day of July (Independence Day) (f) The first Monday in September (Labor Day) (g) The second Monday in October (Columbus Day) (h) The fourth Thursday in November (Thanksgiving Day) (i) The day after Thanksgiving 22 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 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 23 M ill■■ 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 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. 24 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 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. 25 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 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. 26 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 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 27 .. 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 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 satisfac- tory, 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: 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 Shift differential; 31.8 Such other benefits as by the terms of this Agreement are intended to be available during periods of authorized leave. ARTICLE 32. LEAVES OF 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 29 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 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 30 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 There shall be three (3) prescribed work schedules and shifts for police officers, denominated as schedules "A ", "B ", or "C ", as hereinafter set forth: A. (1) The basic daily work shift for police officers assigned to the "A" schedule 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 assigned this schedule may be required to work at his regular rate of pay for more than eight (8) hours in a twenty -four (24) hour period for the purpose of accomplishing rotation of shifts, or attendance at inservice training scheduled for three (3) or more consecutive days. (2) The work schedule of such 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, or rotation of days off, when they may be required to work up to eight (8) consecutive days at their regular rate of pay. 31 B. (1) The basic daily work shift for police officers assigned to the "B" schedule shall consist of ten (10) consecutive hours in any twenty -four hour period. (2) The work schedule of such police officers during each twenty -eight day work period shall provide three (3) consecutive days off for each four (4) days worked. Such officers shall not be required to work more than four (4) consecutive days, at their regular rate of pay, except for the purpose of rotation of days off, when they may be required to work five (5) consecutive days at their regular rate of pay. (3) Only volunteers may be assigned to the "B" schedule and shift. C. (1) The basic daily work shift for police officers assigned the "C" schedule shall consist of eight and one - quarter (8 1/4) hours of consecutive duty in any twenty -four (24) hour period. Officers working in the patrol division of the police department shall be assigned to this "C" shift and schedule. Such officers shall not be required to work at their regular rate of pay more than eight and one - quarter (8 1/4) hours in any twenty -four (24) hour period. (2) The work schedule of such officers during each twenty -two (22) day work period shall provide for a total of fifteen (15) days of duty in three (3) periods of five (5) consecutive work days each. During each such work period each officer shall be provided a total of seven (7) days off in two (2) periods of two (2) consecutive days off each and one (1) period of three (3) consecutive days off. Police officers assigned to the "C" schedule shall not be required to work more than five (5) consecutive days of duty at their regular rate of pay. However, not more than once each calendar quarter, such an officer may be required to forego the third day of a period of three (3) consecutive days off, thereby working six (6) consecutive 32 days. The first work day of such six (6) consecutive day period, may be a different shift than such officer's regularly schedule shift. (3) Regularly scheduled days off shall rotate for police officers assigned the "C" schedule by rotating forward one (1) day each twenty -two (22) day work period. (4) Officers assigned the "C" schedule in the patrol division shall work frozen shifts and shall bid for their shift assignments pursuant to Article 44 of this Agreement. 33.2 During each work day, when conditions reasonably permit, each police officer shall be entitled to one -half (1/2) hour as a meal break. Police officers on meal break 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. 33.3 There shall be no split shifts. 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. 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. 33 ARTICLE 35. MISCELLANEOUS PROVISIONS 35.1 Shift 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. 35.4 SMOKING PROHIBITED. In accordance with City Council Resolution No. 7157, smoking by any member of the bargaining unit is prohibited in all public buildings which are owned, leased or controlled by the City of Pueblo, except in designated smoking areas, if any, located in restaurants operated under concession or management agreements with the City. 35.5 FAMILY MEDICAL LEAVE. The parties understand that they are subject to the Family and Medical Leave Act of 1993, and that all applicable provisions of the FMLA are controlling over any provisions of this agreement in conflict therewith. 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. 34 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 employee, except an entry-level 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 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, 35 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. 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 M_ 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. 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 37 claim to be aggrieved by the matter being complained of and to whom any remedies shall apply; (f) the date of the grievance. 37.3.3 Any City official may take any action through a designee or alternate. 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 eM 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 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. 39 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, 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 40 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 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 41 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. 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 42 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 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. 43 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. 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 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. 45 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 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 it 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. 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. ARTICLE 44. SHIFT ASSIGNMENT 44.1 Officers assigned to the patrol division or other working units of the police department, wherein they are assigned to one (1) or more frozen (non- rotating) shifts, shall be assigned to one (1) of the frozen shifts by the following methodology: A. Once each year immediately prior to the annual selection of blocks of vacation, officers assigned to the Patrol Division or other working units with frozen shifts shall bid for their shift assignments. ClII B. Assignments to frozen shifts shall be based upon consecutive length of service with the department and the selection methodology shall be the same as for vacation selection. Sergeants shall bid as a group prior to patrol officers and corporals bidding as a single group. C. The assignment of an officer to a frozen shift shall not be changed between annual assignments, except pursuant to the provisions of this Article or by transfer of the officer to a different division or working unit of the police department. 44.2 Officers desiring to trade shift assignments for the remainder of an annual assignment term may do so by filing a request for trade with the division commander. Notice of such request shall be posted for ten (10) days. At the end of ten (10) days the officer may trade shifts with the most senior employee desiring the trade. If no officer agrees to trade, the officer requesting a trade shall remain with his frozen shift assignment. An officer may request a shift trade not more than once each six (6) month period. 44.3 A police officer transferred by the Chief of Police to a division or other working unit of the police department with frozen shifts, shall have the opportunity to select his shift assignment by bumping the least senior employee on the shift he desires, if there is no vacancy on such shift and if such bumped employee has less seniority than the bumping officer. A bumped officer shall exercise similar bumping rights within the same division or working unit. 44.4 The Chief of Police may transfer an officer from one frozen shift to another within the same division or working unit upon a temporary basis not to exceed sixty (60) work days in each calendar year, provided that the reason for such transfer is not contrary to any of the other provisions of this agreement and is not for the purpose of avoiding the payment of overtime compensation. 44.5 The Chief of Police may involuntarily transfer an officer from one frozen shift to another within the same division or working unit, but such transfer shall be for just cause only, subject to the grievance procedure. ARTICLE 45. SHIFT DIFFERENTIAL 45.1 For the purpose of determining eligibility for payment of shift differential, there shall be three (3) duty watches at the Pueblo Police Department as follows: A. Watch I (days) shall constitute all duty assignments which begin between 6:00 a.m. and 10:00 a.m. of any work day. B. Watch II (afternoons) shall consist of all duty assignments which begin between 10:00 a.m. and 4:00 p.m. of any work day. C. Watch III (graveyard) shall consist of all duty assignments other than Watch I or Watch II. 45.2 In addition to all other compensation payable pursuant to this agreement, an officer assigned to Watch II for any portion of a calendar month shall be paid a shift differential for that month in an amount equal to twenty cents ($.20) per hour multiplied by the number of hours in a normal work month. 45.3 In addition to all other compensation payable pursuant to this agreement, an officer assigned to Watch III for any portion of a calendar month shall be paid a shift differential for that month in an amount equal to forty cents ($.40) per hour multiplied by the number of hours in a normal work month. 45.4 For the purpose of this Article, a normal work month shall consist of one hundred seventy -three and eighty- three - one - hundredths (173.83) hours. 45.5 No officer shall be entitled to shift differentials under both Section 45.2 and Section 45.3 of this Article for the same month. If an officer is assigned to both Watch II and Watch III during the same month, he shall receive shift differential only for Watch III for that month. Signed this g I day of 4U G U 5 j 1994. CITY OF PUEBLO ATTEST: City tlerk APPROVED AS TO FORM: Z� I - City Attor By Ve ded of City Council INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS (IBPO) LOCAL 537 By esident B Y ° Secretary 50