HomeMy WebLinkAbout08077ORDINANCE NO. 8077
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN CITY OF PUEBLO AND
THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
LOCAL 537 COMMENCING JANUARY 1, 2010
WHEREAS, the corporate authorities of the City of Pueblo and the sole and exclusive
bargaining agent of the classified employees in the police officers bargaining unit, i.e.
International Brotherhood of Police Officers Local 537, have negotiated a collective bargaining
agreement commencing January 1, 2010 (the "Labor Agreement); and
WHEREAS, the Labor Agreement has been reduced to writing and signed by said
parties pursuant to the requirements of Section 8 -14(I) of the Charter, City of Pueblo, Colorado;
and
WHEREAS, Section 8 -14(I) of the Charter of the City of Pueblo, Colorado, further
requires that the Labor Agreement be enacted as an Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that
SECTION 1.
The Collective Bargaining Agreement between the City of Pueblo and the International
Brotherhood of Police Officers Local 537 commencing January 1, 2010, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved and
enacted as an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute the Collective Bargaining
Agreement in the name of the City.
SECTION 3.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED: September 14, 2009
BY: Michael Occhiato
COUNCILPERSON
�.
PRESIDENTof City Council
ATTESTEC? BY:
CITY CLERK
PASSED AND APPROVED: September 28, 2009
j f LW N wi i �
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -10
DATE: September 14, 2009
DEPARTMENT: CITY MANAGER: JERRY M. PACHECO
HUMAN RESOURCES DIRECTOR: NELDON DEMKE
TITLE
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD
OF POLICE OFFICERS LOCAL 537 COMMENCING JANUARY 1, 2010
ISSUE
Shall the IBPO collective bargaining agreement be approved?
RECOMMENDATION
City Administration recommends approval.
BACKGROUND
The current collective bargaining agreement between the City and IBPO 537 expires on
December 31, 2009. Pursuant to the requirements of the Charter, City of Pueblo, Colorado, the
City and IBPO 537 commenced negotiations with respect to a successor contract. Through the
negotiations process, the parties were able to reach an agreement on a successor contract. On
August 12, 2009, the agreement was reduced to writing and signed by the parties. Pursuant to
§8 -14(I) of the Charter, City of Pueblo, Colorado, the agreement must be enacted as an
Ordinance.
The successor contract contains three substantive changes with respect to the prior contract:
Article 16 Additional two steps of 1.5% and 3% increase for Corporals who have
completed 3 full years and 5 years respectively.
Article 17 Incorporated into the Agreement the parties prior practice with respect to
overtime and compensatory time.
Article 39 Provides for labor /management conferences with a provision for FMCS
mediation if there is no consensus on the item.
FINANCIAL IMPACT
The terms of the agreement will cost approximately $125,000
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
INTERNATIONAL BROTHERHOOD
OF POLICE OFFICERS
LOCAL 537
COMMENCING JANUARY 1, 2010
/�'l 5
� `t
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE
1.
PREAMBLE
1
ARTICLE
2.
TERM OF AGREEMENT
1
ARTICLE
3.
RECOGNITION
1
ARTICLE
4.
MANAGEMENT RIGHTS
2
ARTICLE
3.
DISCRIMINATION
3
ARTICLE
6.
UNION BUSINESS LEAVE
4
ARTICLE
7.
RULES AND REGULATIONS
6
ARTICLE
8.
STRIKES
6
ARTICLE
9.
SAFETY
7
ART =CLE
10.
TRAINING
8
ARTICLE
11.
TRAINING OFFICER
9
ARTICLE
12.
EDUCATIONAL INCENTIVE
9
ARTICLE
13.
UTILIZATION OF SPECIAL SKILLS
11
ARTICLE
14.
APPOINTMENTS
12
ARTICLE
15.
REDUCTION IN FORCE
16
ARTICLE
16.
SALARY
18
ARTICLE
17.
OVERTIME COMPENSATION
19
ARTICLE
18.
RATE OF PAY AND APPOINTMENT TO TEMPORARY
DUTY IN A HIGHER CLASS
25
ARTICLE
19.
COURT TIME
26
ARTICLE
20.
(Reserved)
27
ARTICLE
21.
UNIFORM ALLOWANCE
28
ART =CLE
22.
AUTOMOBILE ALLOWANCE
29
ARTICLE
23.
INSURANCE
30
ARTICLE
24.
MILITARY LEAVE
34
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE
25.
VACATION LEAVE
35
ARTICLE
26.
HOLIDAYS
39
ARTICLE
27.
SICK LEAVE
41
ARTICLE
28.
FUNERAL LEAVE
45
ARTICLE
29.
DUTY DISABILITY- INJURY LEAVE
46
ARTICLE
30.
PARTIALLY DISABLED EMPLOYEES
LIGHT DUTY
49
ARTICLE
31.
COMPENSATION DURING PAID LEAVE
51
ARTICLE
32.
LEAVES OF ABSENCE
52
ARTICLE
33.
WORK SCHEDULE
54
ARTICLE
34.
REPORTING
57
ARTICLE
35.
MISCELLANEOUS PROVISIONS
57
ARTICLE
36.
DISCIPLINE AND DISCHARGE
61
ARTICLE
37.
GRIEVANCE PROCEDURE
64
ARTICLE
38.
PAYROLL DEDUCTION OF DUES AND FEES
70
ARTICLE
39.
SEVERABILITY, SAVINGS, AND AMENDMENTS
73
ARTICLE
40.
WAIVER AND NOTICE
75
ARTIC`_,E
41.
OTHER CONDITIONS
76
ARTICLE
42.
ENTIRE AGREEMENT
77
ARTICLE
43.
PENSION CONTRIBUTION
78
ARTICLE
44.
SHIFT ASSIGNMENT
79
ARTICLE
45.
SHIFT DIFFERENTIAL
81
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 53 of the International Brotherhood of Police Officers,
hereinafter referred to as the "Union ".
It is the ourpose 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
The term of this Agreement shall be one year beginning
January 1, 2010 and concluding December 31, 2010.
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 pa_v, 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.
1
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 reculations 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.
2
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, disability, engagement in lawful activities
pursuant ,-o C.R.S. 24- 34- 402.5, age (as variously defined) or
handicap. Additionally, the parties recognize the Charter
provisions prohibit certain discrimination on the basis of
politics and political affiliation.
3
ARTICLE o'. UNION BUSINESS DAVE
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
duTv time in accordance with this Section.
6.3 Members of the Union's negctiations 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
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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. An elected officer
of the Union shall be granted Union Business Leave from duty, upon
his request, when his performance of duties for the Union by
attendance at arbitration or participation in collective
bargaining have significantly reduced his ability to perform his
regular duties.
6.5 The privileges granted herein shall not be abused, or
unreasonably exercised.
6.6 Union officers and stewards usinc paid union business
leave shall notify their supervisor when leaving duty and when
reporting back to duty.
5
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.
ARTI C7 E 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 Ciiy of Pueblo.
8.2 The Jnion agrees not to engage in such action nor to
encourage or condone or participate in any such ac 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.
6
ARTICLE 9. SAFETY
9.1 The City agrees to establish a safety committee
consisting of at least '-we (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
affect-Mg 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 Wher: a police officer has reasonable grounds to believe
ghat his assigned vehicle is unsafe, he may request an immediate
inspection by his supervisor, and submit a written complaint, if
desired.
7
ARTICLE 10. TRAINING
10.1 The City shall provide such in- service training in
matters relating to police duties and cbliaations 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
t:2an 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. An_y police officer
desirina 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 Onion 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.
8
ARTICLE 11. TRAINING OFFICER
Training officers shall be selected by the City based upon
the City's judgment relative to experience, knowledge and abilir_y
to effec -ively supervise and train. They shall receive the sum of
fifteen dollars ;$15.00) for each day during which they perform
duties as a Field Traininc Officer.
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 emplovee coon successful
completion of an approved course or courses in educational or
vocational training. The course for training must be related to
the wor'.t, be designed to improve competence in the job, and be cf
value of the employee's services to the City. The amount to he
reimbursed shall be seventy -five percent (750) of the actual cost
of tuition, fees and books actually paid for by the employees. 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, that officers initially hired on or after
January 1, 1996, are not eligible to receive any education
incentive at the thirty semester hours level and that the other
conditions of this Article are met:
9
- 30 semester Hours - $200.00;
- Associate Degree - $400.00;
- Bachelors Degree - $600.00;
- Masters Degree - $800.00.
Laid off employees eligible for the above compensation shall
receive a pro -rata payment for that portion of the vear 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 levels he attains listed in Section 12.2.
10
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.
Officers who are designa:�ed as "bilingual officers" by the Chief
of Police will be paid an additional fifty dollars ($50.00) per
month. In order to be designated as a "bilingual officer ", an
officer must meet the competency level required by the City in the
language designated by the City. In order for an officer to be
called upon to act as a translator, he must be a designated
"bilingual officer ".
11
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
C'ty of Pueblo shall be prerequ -site to Civil Service Commission
Pol_ce Department Promotional Examinations.
14.2.1 RESERVED
1-4.2.2 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 (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 prcmot-ion 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 or. the appropriate eligible list.
(b) The Director may also request from the Commission
farther information relating to the persons certified and to their
application, examination or certification process.
12
(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
recuirements.
(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.
(g) After a certification, the Director shall select
a committee of at least three persons to evaluate the persons
certified.
13
(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.
(j) 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
14
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.
19.5 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 tine pos -tion, 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.
15
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 effect=ive 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.
15.5 A laid off employee or an employee who has been
displaced by a more senior employee pursuant to Section 3 of this
16
Art_cle, shall have available to him reinstatement rights to any
interim class, whether orev_cusly 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.
17
ARTICLE 16. SALARY
Employees in the bargaining unit will be paid in accordance
with the following monthly salary schedules, effective January 1,
2010:
Police Sergeant
Entry
$6,394.81
2nd Year
$6,459.70
3rd Year
$6,523.16
4th Year
$6,589.39
5th Year
$6,685.99
Corporal
Entry $5,640.37
41h Year $5,724.98
6th Year $5,810.85
Patrol Officer
2nd
Year
$4,270.76
3rd
Year
$4,531.16
47-h
Year
$4,928.34
5th
Year
$5,085.10
6th
Year
$5,166.12
7th
Year
$5,244.52
8th
Year
$5,325.56
9th
Year
$5,402.60
10th
Year
$5,498.23
18
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 min -mum 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 aim during his
regularly scheduled shift. An officer who receives such a call
one and one half hours, or more, before the start of his next
regularly scheduled shift shall be entitled to the minimum payment
or his overtime compensation for the actual hours so worked, from
the time of the call, whichever is greater. If the officer is
called less than one and one half hours before the start of his
next regularly scheduled shift, he shall be entitled to
compensation, at his overtime rate, only for the actual time
worked, commencing at the time of the call. Officers called back
to 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
19
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 tae purpose of avoiding the
payment of overtime.
17.0 Por the purposes of this Article the parties shall
div -de voluntary overtime into four categories, as follows:
A. Ex�ra Duty is voluntary overtime duty for the
benefit of a third party which requires the services of
police officers and pays fees to the City for such
services.
B. Special Assignment is voluntary overtime duty for
other than regular patrol duty, for such assignments as
providing security for special events or persons,
providing traffic safety for road construction
projects, underage drinking and grant duties that
exceed the capabilities of the specialized unit
administering the grant.
C. Regular Patrol is voluntary overtime duty for a
full shift, filling in for a Patrol Officer, Corporal
or Sergeant position on one of the patrol watches.
D. Major Parade duty is voluntary overtime duty for
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parades such as the Fiesta Parade, State Fair Parade or
the Festival of Lights.
17.6 Lists shall be created for those officers who desired
to be eligible for voluntary overtime duty. The names on the
lists shall be in order of department seniority and shall be for
one year terms. Officers shall sign up for such lists at the
same time as their annual shift selection. They may remove their
names from any of the voluntary overtime lists at any time. When
an officer's shift is changed during the term of the lists, he
may alter his selections. When a voluntary over ime assignment
becomes available, the designated emoloyee shall- contact officers
whose names appear on the appropriate list, in the order in which
they *_hen appear. The lists shall be rotating in nature, so that
an officer who refuses an opportunity for a voluntary overtime
assignment, an officer who does not answer a call to his /her
designated telephone contact number, or an officer who accepts
such an assignment shall have his /her name then rotated to the
bottom of the list at issue. Officers shall provide one
telephone contact number by which they shall be contacted for
voluntary overtime assignments. Messages shall be left for
officers who do not answer overtime calls, but the employee
seeking to fill the voluntary overtime assignment shall not wait
for a return call before continuing to make offers down the
appropriate list.
17.7 For extra duty overtime assignments, there shall be a
single list upon which Patrol Officers, Corporals and Sergeants
may place their names.
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17.8 For special assignment voluntary overtime duties there
snali be one list upon which Patrol Officers and Corporals may
place their names.
17.9 For regular patrol voluntary overtime assignments
there shall be six lists. There shall be a Sergeant list for
each watch and a Patrol Officer /Corporal list for each watch with
the officer signing up for the watch(es) he or she is willing to
war'.{ if called for overtime.
17.10 For major parade voluntary overtime assignments sign -
up lists shall be circulated through the Police Department's
email system and the duty shall be assigned on a first come,
first serve basis. If insufficient Patrol Officers and Corporals
sign up, then the sign up list may be circulated a second time
for Sergeants.
17.11 When the need for overtime in patrol is determined
during the shift prior to the vacancy, the City shall ask for
volunteers for such duty from among those officers then working
patrol. If there are more such volunteers than positions
available, the positions shall be allocated upon the basis of
departmental seniority. If there are an insufficient number of
volunteers the City shall utilize the appropriate voluntary
overtime list.
17.12 The parties recognize that an employee's performance
of duty during a voluntary overtime assignment is subject to all
the requirements normally applicable to officers in such
positions and that he /she may be subject to discipline for just
cause.
22
17.13 if any officer refuses callouts more than thirty
-imes in succession he /she will be removed from the lists for
voluntary overtime for a period of thirty (30) days. An officer
may request that his /her name be temporarily suspended from the
list for such reasons as vacation, so that they do not accumulate
refusals.
17.14 Requests for the use of accrued comp time shall be
granted if they are filed with the designated representative of
the City at least seven 7) days prior to the start of such
leave.
17.15 Requests for the use of comp time filed less than
sever: (7) days prior to the proposed leave shall be reviewed by
the officer's Captain and shall be granted if sa_d Captain finds
that circumstances reasonably allow for such leave.
17.16 The granting of comp time leave for an officer shall
not cause the cancellation of previously approved personal day or
vacation leave for any other officer.
17.17 A request for personal day leave or vacation leave
(other than that which is predetermined through the annual sign -
up process) shall be granted or denied within seven (7) days of
the filing of such a request.
17.18 No request for any type of leave will be accepted if
submitted more that thirty (30) days in advance. Provided,
however, requests for leave may be submitted more that thirty
(30) days in advance for the purpose of scheduling events or
travel that reasonably require more substantial advance planning.
Such early leave requests shall be submitted with a memorandum of
23
explanation and shall not be unreasonably denied.
24
ART 7 CLE 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 hour or more, the employee
shall be paid one hundred percent (100%) 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 classification and provided finally that the
names of officers so appo are from a list in the appropriate
working unit of employees who have indicated their willingness to
accept such appointments without restriction regarding the duty
assignment of the higher position; and for temporary appointment
to acting Captain duties, Sergeants shall have their seniority
calculated from their last appointments as Sergeants.
25
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 anv 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 two hours. 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 -ime 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
recuest 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
26
related proceedings as outiir.ed 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.
ARTICLE 20. RESERVED
27
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, pane and jacket in use as of April 1, 1994,
sha -1 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 allowance.
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.
28
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 at the allowed, standard
mileage rate, deductible as a business expense under the Internal
Revenue Code for such travel. No Police Officer shall be required
to use his personally owned automobile on stakeout detail or for
any similar purpose.
29
ARTICLE 23. INSURANCE
23.1 HEALTH BENEFIT PLAN
23.1.1 The City will obtain a health benefit plan covering
the employees in the bargaining unit under the procedures and
conditions set forth in this Article. For an employee covered by
an individual plan, the City will contribute monthly 95% of the
total cost towards such individual's coverage. For an employee
covered by a single plus spouse, single plus child or children or
family plan, the City shall contribute monthly 78% of the total
cost towards the cost of such family plan, in addition to the
$20.00 per month dental insurance contribution provided herein;
crovided, further, that if the employee elects ccverage under a
PPC or _ndemnit option, the City's contribution to payment fcr
such PPC or indemnity option shall be in the same dollar amount as
if the employee had elected coverage under the HMO option at the
same tier level.
23.1.2 The City and the Unicn 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 particioating in the consultations of the committee.
All mee-ings 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
30
required under this Article. Such bid specifications shall
include, but not be limited to, the following:
a) Deductibles;
b) Copayments;
c) Coverage;
d) Benefits;
e; Specialist referrals, location, and availability;
f) Participation eligibility;
g) Physicians available under the plan;
h) Options;
i) Tiers.
23.1.4 The City shall solicit bids for the health benefit
plan based upon the bid specifications. The C -ty 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, including the
specifications of any self insurance plan, provided however any
health benefit plan(s) specifications shall be at least equal to
the plan(s) in effect on December 31, 2001.
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. Nothing shall preclude the City from
utilizing a City self - insurance plan for the health benefit plan
required under this Article; provided, however, the City shall
retain the services of a third party administrator to manage such
31
plan; the -bird party administrator shall be selected upon the
basis of requests for professional proposals; and the parties
shah_ share in any reimbursement from the plan, based upon
util_zation,_n the same proportion that the costs were shared.
23.1.6 The consultations of the committee established under
Section 23.1.2 of this Article shall not be subject to the
crievance /arbitration procedure of this Agreement.
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
cos 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.
32
23.E If a police officer is killed in the line of duty, the
City shall pay the full cost of health insurance and dental
coverage for the employee's surviving spouse and children. Such
payments for the surviving spouse will end two (2) years after the
employee's death or upon the spouse's remarriage, whichever occurs
first. Payments for a child will end two (2) years after the
employee's death or upon the child reaching the age of nineteen
(19) years, whichever occurs first.
33
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
six months in anv consecutive two years, 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.
34
ARTICLE 25. VACATION LEAVE
25.1 Every police officer with less than five (5) years
ccmpleted 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 rage 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
Cite 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 anv and all vacation leave accrued pursuant to the provisions
35
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 Departme -_t shall be given first choice, the next senior
police officer second choice, and the like for succeeding
conflicts, if any. Each police officer shall be assigned the dates
on which he /she is required to sign for first and second vacation
choices. Each police officer will be made aware of his /her
selection dates by a notice attached with his /her pay check for
October. Selections shall commence on November 10. If an officer
fails to sign up for vacation on the assigned dates, he /she will
be passed, until he /she signs the selection list. The dates
should be spread out, with one officer scheduled each day in each
working unit. The failure of an officer to sign for vacation on
his /her assigned dates shall not be grievable pursuant to this
Agreement, as long as the City maintains records showing that the
notice required hereunder was attached with his /her pay check.
25.7 For the purpose of calculating accrual of vacation.
36
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. Requests received between the li and
the 25 of the month shall be paid on the last business day of
the month. Requests received between the 26` and the 10 of the
following month shall be paid on the 15 of that month except
that request received between the 26 of December and the 10 day
of the following January shall be paid on the last business day in
said month of January. 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
37
service and employment of the City of Pueblo, the employee shall
be --aid 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 beneficiary designated by
the officer and if no beneficiary is designated 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.
38
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
(j) 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 mere hours between
39
the time of opening and the time of closing of the polls during
which the employee is not employed on the job.
26.9 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;
employees, however, may be paid for these two days (16 hours) of
personal leave, at the employee's option.
40
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. An employee hired on or after January
1, 1996 shall accrue sick leave at the rate of one day 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 (?) work days in each consecutive twelve (12) months for
illness of the employee's spouse, child, paren-, parent -in -law, or
member of the employee's household, 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 Ch -ef 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 s; .-:ift 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
41
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 hired prior to January 1,
1996, 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 hired prior to January 1, 1996, shall be paid at his
regular rate of pay for all accumulated sick leave, but not to
exceed 120 days. For the purpose of this section, an officer
separating by resignation or lay -off, after twenty or more years
service, shall be considered to be retiring.
27.3.2 In the event of death, such sum shall be paid to the
beneficiary designated by the employee and, if no beneficiary is
designated, to the surviving spouse of such employee. In the
event *_here shall be no surviving spouse, tnen 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 Employees hired or or after January 1, 1996 shall
not be reimbursed for unused sick leave upon seoaration. These
employees will have the option to receive compensation for 10 days
of sick leave each year at 1/2 pay. However, before an employee
may exercise this option he must have a minimum of 24 days of
unused accrued sick leaved to his credit, and his accrual may not
42
be reduced to less than 24 days by the exercise of this option.
27.3.5 Employees hired prior to January 1, 1996, shall have
the option of electing the new plan; however, they must waive all
benefits under Sections 27.3, 27.3.1, 27.3.2 and 27.3.6 of this
Article. Once this election is made the employee may not return
to the old plan. This election to enter the new plan must be made
prior to January 1, 1996. Employees who opt into the new plan
shall accrue sick leave at one day for each month of completed
full -time service with the Citv.
27.3.6 Employees hired prior to January 1, 1996, who have
not elected the new plan, and who have at least 13 years of
service and 120 days of accrued, unused sick leave to their
credit, may annually sell back up to 10 days of sick leave for 1/2
pay. T: number of sick leave days sold back to the City shall be
deducted from the emplovee's accrual, but his accrual will be
increased by future sick leave accrued but unused, to the maximum.
of 200 days. The amount of days available for buy -back under
Sections 27.3 and 27.3.1 shall be permanently reduced by one -half
of tine days sold back to the City.
27.3.7 No sick leave benefits shall be payable to any
employee injured while in the employ of an employer other than the
City of Pueblo.
27.3.8 MATERNITY LEAVE. An employee shall be granted leave
for the birth of the employee's child. Maternity leave shall
commerce at the time of the child's birth or at the time
recommended by the mother's physician and such leave shall expire
upon the physician's written recommendation or six weeks from the
43
date of birth, whichever occurs first.
27.3.9 PATERNITY LEAVE. Paternity leave shall not exceed
three (3; weeks and shall commence at the time of the birth of the
child, unless otherwise agreed by the employee and the appropriate
supervisor.
27. 3.10 MATERNITY /PATERNITY ACCR.UAL: An employee may
utilize either sick leave, vacation leave, or such leave as may be
available under the Family Medical Leave Act of 1993 for
maternity/ paternity purposes.
44
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 ten (10) 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 ten (10)
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.
45
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, except that an employee who
undergoes surgery for such a duty injury shall be entitled to a
total of one year of such paid injury leave, during a period
ending two years from the date of injury, whenever he may be
disabled and unable to work as a result of such duty injury. Even
though the period of time during such an employee who undergoes
surgery for a duty related injury is two calendar years from the
date of such duty injury, the total amount of said injury leave to
which an employee is entitled is a sum equal to one year of such
employee's full salary. Notwithstanding the foregoing, no officer
shall be eligible for such injury leave if it is determined by the
Chef that the injury was caused, at least in parr, 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 small be withheld from any employee entitled thereto unless
46
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. sea. C.R.S.
1973.
Workmen's Compensation temporary disabili,-y 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 T=itle 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 -o limit its pro rata share of any
recovery so effected to seventy -five percent (750) of injury leave
benefi -s 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
47
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 sucn 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.
48
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.
3C.2 The salary of an employee on light duty shall be at
least ecual to the salary at which he was employed at the time of
his injury or illness.
30.3 During his period of temperary disability in a paid
status, the said employee shall be entitled to pay pension
contributions and shall continue to receive health- medical plan
berefits, and accrue credits for sick leave and vacation leave.
30.4 Upon presentation of a doctor's certificate stating
that the employees 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
49
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.
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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
addit -on 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 ccveraae;
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.
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ARTICLE 32. LEAVES Oc 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 (o) calendar months in any
one calendar year for the following purposes: attendance at
ccllege, university, or business school fo- 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 bus -ness, 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
ocher 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
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and the illness or injury extends one week after all available
paid leave has been utilized, members of the bargain'-no 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 pav status, w_thout accrual
of vacation or sick leave, for a period not to exceed 1,120 hours
O F 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 yihen 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.
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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 consisi 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
fcr 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 1) 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.
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)
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consecutive days off for each four (4) days worked. Such officers
sha:_1 not be required to work more than four (4) consecutive days,
at `-heir regular rate of pay, except for the purpose of rotation
of days off, when they may he 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 gay 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)
pericds of two (2) consecutive days off each and one (1) period of
three (3) consecutive days off. Police officers assigned to the
schedule sha_1 not be required to work more than five (5)
consecut_ve 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 days.
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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 divis -on shall work frozen shifts and shall bid for their
sh_ft assianments 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 (112)
hour as a meal break. Police officers on meal break shall be
allovied to remain out of service and out of their assigned beats
unless t: -.e needs cf the department require their immediate return
to police duties.
33.3 There shall be no split shifts.
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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
therefcr to his supervisor or department at least one hour before
working time, on the first day of such absence. If this is net
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 emplcyee.
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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 eb 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 cf t':is Agreement. A reading material list shall be provided at
least six months prior to the test if new material is added,
changed or deleted since the previous years reading material list.
Upon recuest 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. The garage portion of the main police building
snail be and is hereby designated as a smoking area, but this
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provision shall apply only to the main police building in use as
of January 1, 1 -996.
35.5 FAMILY MEDICAL LEAVE.
The parties understand than 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.
35.6 ONE TO ONE VEHICLE PROGRAM
The Pueblo Police Department One to One Vehicle Program, as
set forth in the Policy Memorandum dated June 1, 2000, shall be
implemented during the term of this agreemen Such oelicy shall
not be modified in any manner, unless by written memorandum of
understanding executed by the Union and the Chief of Police;
provided 'however, that the parties recognize that the City has no
obligation whatsoever to assign any vehicle under such program,
and provided further that the Chief of Police may limit or cancel
participation by an officer in the take home car program for just
cause, subject to the grievance procedure in Article 37. For
purposes of allocation of take home cars, Seraeants shall bid as a
group, by time in grade, prior to Corporals and Patrol Officers
bidding as a group, by time in grade.
35.7 The City and the Onion agree to establish a
committee consisting of representatives of the Fire Union, the
Police Un and the City. The committee shall meet, when
requested by one of the parties, to study, consider and make
recommendations to the parties regarding drug- testing programs for
pubic safety employees. The consultations and recommendations of
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the ccmmittee shall not be subiect to the grievance /arbitration
procedure of this Agreement and shall not be binding upon any of
the parties.
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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
discipl -ne 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
emolcvee, 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 cons titu -es a waiver of any right to appeal in
another forum. Specifically, t:ne 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 _s
discharge, the officer may within five (5) calendar days after
receipt of the statement f -1e his written response thereto setting
forth in de 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
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mail to the officer.
36.4 Appeal of disciplinary matters involving suspension or
discharge may be initiated at step three of the grievance
crocedure within seven (7) days of :he 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 ocssible and he /she shall
respond, if requested, within forty -eight (48) hours. Such an
employee shall not be --squired 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
resoluticn 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
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acccmplish 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.
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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 arievance 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.
Rowever, any employee may seek redress or adjustment of grievances
or complaints by discussion with appropriate Police Department
officials without the necessity ccnsulting 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; (f) the
date of the grievance.
37.3.3 Any City official may take any action through a
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designee or alternate.
37.4 GRIEVANCE PROCEDURE.
37.4.1 The grievant will attempt to informaliy 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 ne 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
irr 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
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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 single individual. Emplovees 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 Unicn may request a
meeting with the City Manager or his designee prov=ided that such
request is in writing, is signed by the grievant and /or the Union
and provided that the request is presented to the Manager or his
designee within seven ( ) days of the date of the written answer
provided by the Chief or his designee. The meeting relating to
such rievance shall be held within ten (10) calendar g 1 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.
?7.4.5 STEP FOUR. if the decision rendered bpi the City
Manager or his designee is unsatisfactory to the grievant, the
Union may within fifteen (15) days following receipt of the answer
of the City Manager request the appointment of an arbitrator
pursuant to the American Arbitration Association's then current
Labor Arbitration Rules, by filing the appropriate Demand.
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Arbitration shall be pursuant to the then current rules of the
American Arbitration Association and the Uniform Arbitration Act.
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, 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 snall 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.
37.5.9 Ali 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 emplcvment 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
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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 LLMITS. The time limits set forth for the
processing of grievances shall be strictly adhered to. In the
even that a or- evance 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 -he most recent City decision. In the evert of failure to
answer a grlevance or hold a meeting wit:nin the time limit
provided, it shall be considered a denial and the Union may appeal
the grievance tc 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.
'_ ?.5.7.1 Any matter which arose outside of the period
during which this Agreement, or the immediately preceding
Agreement, is effective.
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37.5.7.2 Any matter nct 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
arbitrauicn by g_vina 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 and the Uniform Arbitration Act. 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 t: ^:e 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.
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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
authorized 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 wili
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 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
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Agreement.
38.4 The City agrees to ded_ict 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
Pol-ce Officers voting in an election as provided by Section 8 -9
cf the Charter of the Citv of Pueblo.
38. 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
71
Purpose of complying with this Articie, except acts of negligence
for which the City is responsible.
38.9 AGENCY FEE CARD
Name:
Department:
Date:
I hereby recuest 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 (950) of the normal dues and assessments uniformly
required of members of the Union and any increases in said fee
mandated by anv 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 531, 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.
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ARTICLE 39. SEVERARILITY, SAVINGS, AND AMENDMENTS.
39.1 The provisions of this Agreement are severable and the
legal invalidity of any prevision 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 -If the parties as expressed by the
provision declared invalid.
39.2 Special, labor /management conferences involving
matters of importance to either pa= 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 anv 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. Provided, however, that either
73
party may request the mediation services of the Federal Mediation
and Conciliation Service to resolve any disagreement regarding a
proposed amendment raised at a special, labor /management
conference. The parties agree to participate in such mediation.
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.
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ARTICLE 40. WAIVER AND NOTICE
40.1 Failure of t ^:e 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
giver and shall not be ccns_ rued as a general or absolute waiver
of -„he 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, sent by email to such person at his business
email address 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.
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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
nct include any - right reserved to the City under Article 4 of this
Agreement.
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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 supersedes 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 revuired 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
For each person hired as a police officer on or after
January 1, 1997, who is eligible for the death and disability
coverage provided by part 8 of Article 31 of Title 31, C.R.S.,
the contribution to the FPPA death and disability pension fund
required by Sec. 31 -31- 811(4) shall be assessed against the City
in the amount of 2.3% of the member's applicable salary as set
forth in Section 31 -31- 811(4); provided that if the required
contribution level is increased, the amount in excess of 2.30 of
the member's applicable salary shall be assessed against the
member.
Each person hired as a police officer on or after January 1,
1997, sha_i be required as a condition of employment to make a
monthly contribution through payroll deduction equal to the
contribution on behalf of the member required under Section 31-
31- 811(4), C.R.S., in excess of 2.3% of the member's applicable
salary.
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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 rctatinq) 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
Div -szon or other working units with frozen shifts shall bid for
their shift assignments.
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,
except that Ser geants shall bid for shifts based upon their
continuous service since last pro*not -on. 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.
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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 deoartment 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 l60i work days in each
calendar year, prov=ided 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.
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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 dutv
ass- cnment other than Watch I or Watch II.
45.2 In addition to all other compensation gable
F� pay 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 forty cents ($.40) per hour multiplied
'y uhe number of hours in a normal work month.
45.3 In addition to all other compensation payable pursuant
to this acreement, an officer assigned to Watch III for any
portion of a calendar month shall be paid a shift differential for
that month in an amount equal to eighty cents ($.80) 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
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same month. If an officer is assigned to both Watch II and Watch
III during the same month, he shall receive shift differentia-
only for Watch III for that month.
S_aned this 28th day of September 2009.
CITY OF PUEBLO
ATTEST:
BY T " 47 2 .I 1 .L�
President of City Cou.cil
It Jerk
APPROVED AS TO FORM:
City
INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS (IBPOj LOCAL 537
Presiden-
L' '�z
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