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HomeMy WebLinkAboutFraternal Order of Police Contract (1-1-09 thru 12-31-12)AGREEMENT BETWEEN City of Jeffersonville and Indiana Fraternal Order of Police Labor Council and Lodge # 100 Effective January 1, 2009 through December 31, 2012 TABLE OF CONTENTS Preamble ART.1 Recognition ART. 2 Term of Agreement ART. 3 Management rights and Responsibilities ART.4 Discrimination ART. 5 Deduction of Dues ART. 6 Hours of Employment ART. 7 Meal Periods ART. 8 FOP Business ART. 9 Seniority Rights ART. 10 Rules & Regulations ART. 11 Grievance Procedures ART. 12 Discipline ART. 13 Pay Periods ART. 14 Overtime Compensation ART. 15 Retiree Benefits, 1925 Fund ART. 16 Bereavement Leave ART. 17 Saving Clause ART. 18 Vacation Time ART. 19 Sick Time ART. 20 Holidays & Holiday Pay ART. 21 Longevity Pay ART. 22 Maintenance of Equipment ART. 23 Health Insurance & Other Benefits ART. 24 Retiree Insurance ART. 25 Assignment of Rank & Filing Vacancies ART. 26 Certification Pay ART. 27 Clothing Allowance ART. Z8 Specialty Pay ART. 29 Wage ART. 30 Rank Differential ART. 31 Drug Testing Policy ART. 32 Personnel Files ART. 33 Binding Arbitration ART. 34 Fitness Standard Exhibit A -Annual Fitness Requirement Exhibit B -Longevity, Holiday, Clothing, & Special Pay ART. 35 Effective date, Duration & Signatures PREAMBLE 1. It is the general purpose of this agreement to promote the mutual interest of the City of Jeffersonville, Indiana and the Jeffersonville Professional Police Officers and to provide for the operation of the Jeffersonville Police Department under methods which will further, to the fullest extent possible the: a. safety of the employees, b. economy, and efficiency of operation, c. elimination of waste, d. realization of maximum quantity of police services, e. maintenance of police discipline, f. protection of citizens rights and property, and g. preservation of the peace without interruption. 2. This agreement entered into by the Indiana Fraternal Order of Police Labor Council, Inc., Jeffersonville Fraternal Order of Police Lodge #100 (FOP), and the City of Jeffersonville, Indiana (the "Employer" and/or the "City"), is intended to assure a sound and mutually beneficial working and economic relationship between the parties concerning rates of pay, wages, and certain conditions of employment. The term "employee" as used herein shall refer to any sworn full- time police officer, excluding the positions of Chief of Police and Assistant Chief. 3. The parties to this agreement will cooperate fully to secure the advancement of the objectives stated above. Article One RECOGNITION 1.1 The employer hereby recognizes the FOP via The Indiana Fraternal Order of Police Labor Council, Inc. and the officers of the Jeffersonville local FOP Lodge #100, as the exclusive representatives of the sworn police officers in the employment of the City, the police officers who have retired from employment with the City and their beneficiaries. The FOP does not represent the Chief of Police or the Assistant Chiefs. Article Two TERM OFAGREEMENT 2.1 This agreement is effective from January 1, 2009 through December 31, 2012. 2.2 Commencing no later than June 15, 2012 the FOP and the City shall begin negotiations to modify or amend this agreement for 2013 and subsequent years. 2.3 If negotiations extend beyond the expiration date of this agreement, the terms and provisions of this agreement shall nonetheless remain in full force and effect until the parties enter into a new agreement. 2.4 By mutual consent expressed in writing and signed by both parties, the FOP and the City may renegotiate any article of this agreement during its term. 2.5 It is understood that next negotiations with the FOP will commence prior to IAFF Local #558 negotiations. Article Three MANAGEMENT RIGHTS & RESPONSIBILITIES 3.1 The FOP recognizes the prerogative of the Employer to operate and manage the Jeffersonville Police Department's affairs in all respects in accordance with its responsibilities, powers of authority and this agreement. 3.2 The Employer has the right to schedule overtime and work as required in a manner most advantageous to the Police Department and consistent with requirements of municipal employment and public safety. 3.3 The Employer reserves the right to discipline and discharge for just cause. The Employer reserves the right to lay off personnel for lack of work or funds, for the occurrence of conditions beyond the control of the department, or when such continuation of work would be wasteful and unproductive. The Employer has the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed. 3.4 No policies or procedures covered in this agreement shall be construed as delegating to others, reducing or abridging, any of the following authority conferred on city officials, nor used for the purpose of invalidating any of this contract's provisions. Statutory responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and of the City, passing upon ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of ordinances and the appropriation of money. 3. The responsibility of the Police Chief for determining employee classifications, establishing reasonable rules and regulations, certifying payrolls, and reviewing of appointments in the Department. 4. The responsibility of the Police Chief as governed by statutory provisions, ordinances, departmental rules, Jeffersonville Police Merit Board authority and as limited by the provisions of this agreement: 1. To recruit, assign, transfer or promote employees to positions within the department. 2. To suspend, demote, discharge or take other disciplinary action against employees for just cause. 3. To relieve employees from duties because of lack of work, lack of funds, or for disciplinary reasons. 4. To determine methods, means, and employees necessary for department operations. 5. To control the departmental budget, and, 6. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. 3.5 It is agreed by the Employer and the FOP that the City is obligated, legally and morally, to provide equality of opportunity, consideration, and treatment of all members of the Police Department and to establish policies and regulations that will insure such equality for all members employed by the Police Department in all phases of the employment process. 3.6 It is further intended that this agreement and its supplements shall be an implementation of the authority of the Mayor, the City Council, and the Police Chief, and rules and regulations promulgated by the Police Chief. Article Four DISCRIMINATION 4.1 The City shall not discriminate against any employee for his/her activity in behalf of, or membership in, the FOP. The City shall not discriminate against any employee because of race, sex, creed, religion, national origin, or political affiliation. Article Five DEDUCTION OF DUES 5.1 The City will implement a dues deduction system, within thirty (30) days after receiving notification from the President of the Jeffersonville FOP Lodge that the FOP has determined there is a need for such a system. If adues-deduction system is implemented, the City must deduct dues semi-monthly from the pay of any employee who requests such a deduction in writing. The Secretary-Treasurer of the Jeffersonville FOP Lodge must certify to the City the amount of the dues to be deducted. The City must remit the total amount of the deductions to the Secretary-Treasurer of the Jeffersonville FOP Lodge monthly. Article Six HOURS OF EMPLOYMENT 6.1 Uniform Division shall work an eight hour work day with four (4) days on-duty and two (2) days-off duty rotation. 6.2 Administrative Divisions and the Detective Division shift schedules shall be Monday through Friday with flexible hours as established by the Chief of Police. 6.3 The Chief of Police may create another Detective Division shift. 6.4 The Chief of Police may make changes to the work schedules for the Uniform Division but shall give asixty-day (60) notice of the proposed changes to the FOP. If the FOP feels that the changes are unreasonable or causes undue hardship to its members then the FOP reserves the right to file a grievance against the change, and shall follow the grievance policy set within this agreement. If a grievance is filed against the schedule change, the change will not go into effect until the grievance procedure is completed. 6.5 This policy shall not effect temporary emergency shift changes set by the Chief of Police for extreme circumstances. Article Seven MEAL PERIODS 7.1 Employees shall be granted aforty-five (45) minute meal period per shift. Employees must take their meal period after the first hour and before the last hour of their shift when possible. Employees must stay in radio contact during their meal period as they are subject to call out at any time. Article Eight FOP B USINESS 8.1 Police Officers will not be penalized for attendance at conventions, conferences, seminars, and the Indiana General Assembly, provided the Chief has granted prior approval. Further, if elected or appointed to State or National Office, an FOP member is entitled to a leave of absence without pay, except that negotiated insurance and pension benefits will continue at the Police Officer's expense unless and until there is duplicate coverage available in the new position. 8.2 During scheduled FOP conventions, conferences, and seminars, where the President or a member of the Executive Board is planning on attending, the FOP Representative will turn in a vacation day for the event, and if no additional vacation days are utilized by the membership, resulting in no additional cost to the City, the vacation day by an FOP Representatives will not count against his/her vacation time. However, if, due to leaving for FOP Business, there is an additional cost to the City, due to overtime to cover empty positions, the FOP Representative must utilize a vacation day. 8.3 FOP Officers or representatives certified by the President of the FOP have the right to conduct such FOP business as required for the efficient operation of the FOP, including, but not limited to, the following: Preparing of grievances and processing while on duty. Placement of FOP material on FOP bulletin boards. Collective discussions concerning FOP Matters while on duty. However, FOP activities must not interfere with the operation of the Department. Police Officers granted leave under this article may not be absent from their assigned duties for longer than is required to accomplish the business for which such leave is granted. 8.4 A member of the FOP Executive Board must be granted time off with pay to attend grievance and / or arbitration proceedings when required by the FOP during normal hours of duty. 8.5 An FOP member elected or appointed to a State FOP, or National FOP position shall be afforded the same benefits in regards to time off for FOP business as the Fraternal Order Police #100 President in Article 8.2. Article Nine SENORITY RIGHTS 9.1 If the Employer must institute a reduction of work force, the last Police Officer hired will be the first Police Officer laid-off. When a recall occurs the last Police Officer laid-off will be the first Police Officer called back to work. The Employer further agrees not to hire any new personnel for the Police Department until all Police Officers on lay-off are given the opportunity to return to work. 9.2 The Chief will maintain a current seniority list in his office. Copies of this list will also be posted at the police department and maintained on an up-to-date basis. A discharged, fired, or permanently relieved Police Officer will be immediately stricken from the seniority list. 9.3 "Seniority" is defined as the relative length of accumulated service of each Police Officer of the police department. A Police Officer's length of service will not be reduced by lost time due to sickness or injury leave, or authorized leave of absence. 9.4 Seniority will be determined from the date of hire. No more than one new hire can occur on the same date. A Police Officer's official first day will be the first day he/she reports to work and is actively on the City of Jeffersonville's payroll. Police Officers hired before January 1, 2009 and with the same hire date will determine seniority by alphabetical order of the last name at date of hire. Article Ten RULES & REG ULA TIONS 10.1 The Employer retains the right to recommend and implement reasonable rules and regulations to the Jeffersonville Police Merit Board, including those relating to conduct and work performance. The FOP retains the right to object to the reasonableness of the Employer's rules and regulations through the grievance procedure. 10.2 Any changes in the Employer's rules and regulations and SOP are to be established in the following manner: 1. The proposed rule or regulation must be posted ten (10) business days prior to the effective date of said rule or regulation. 2. If a grievance is filed within the ten (10) business day posting period contesting the reasonableness of the proposed rule or regulation, the effective date of the proposed rule or regulation will abate until the grievance procedure is finalized as hereinafter set forth. 10.3 if a new rule is properly posted and not opposed by the FOP members in the way of a grievance; this rule must be maintained on the employer's bulletin board until it appears in the amended permanent rules and regulations. 10.4 The Employer agrees to provide a copy of the current SOP's and Rules and Regulations to each new hire and any current police officer that requests a copy. The Employer and FOP agree to maintain and recognize the same copy of the most current "Rules and Regulations" and "SOP's" at the police department. A current electronic copy will be recognized as an acceptable form of said copy. Article Eleven GRIEVANCE PROCEDURES 11.1 A" Grievance" is defined as a request from a Police Officer for relief from an action that is in violation of his or her contractual and/or civil rights. A grievance may be filed when the Employer fails to follow general contract orders, memorandums, or rules and regulations. 11.2 A "Business Day" is defined as any day in the week Monday through Friday, days that are recognized Holidays according to Article 22 of this agreement are not considered business days. Procedure to file a Grievance: STEP #1 An aggrieved Police Officer or FOP may file a grievance. The grievance must be filed through the FOP in writing within ten (10) business days after occurrence of the complaint or dispute. If it is not filed within ten (10) business days, the grievance is barred. The grievance must be filed on the appropriate grievance forms, and must include a statement of the relief requested. A grievance must be delivered to a member of the FOP Executive Board (the "Board"). It is the responsibility of the Board member to notify the FOP President or the President's designee as soon as possible (not to exceed five (5) business days). STEP #2: The Board must hear the grievance within ten (10) business days. The Board must notify the grievant of the hearing in advance, and the grievant may appear at the hearing if (s) he wishes to answer any questions the board may have or explain the grievance. The grievant will then be excused while the Executive Board will discuss and vote on the grievance. The Board will base its decision on the presented facts and the law. STEP #3: The Board will notify the grievant in writing of its decision within ten (10) business days of the hearing. STEP #4: Provided the grievance is not settled satisfactorily in Step (3), a member of the Board and the grievant must submit the grievance in writing to, and discuss it with, the Police Chief within ten (10) business days. STEP #5: The Chief must give his written answer to the Board within ten (10) business days. STEP #6: Provided the Grievance is not settled satisfactorily in step (5), the grievant and the Executive Board may submit the grievance to the Jeffersonville Police Department Merit Board at its next regularly scheduled meeting for review. The grievant and /or representatives, must be present at such meetings to speak on the grievant behalf unless an emergency situation prevents their appearance. 11.3 Statutes dealing with grievance procedures outlined in the Jeffersonville Police Department Merit Board/Commission shall have priority over any procedures outlined in this article. 11.4 Provided the grievance is not settled in step (6) it shall be referred to binding arbitration as described in Article 34 of this agreement. Article Twelve nr.cr~n~ nvF 12.1 In all cases of discipline involving loss of pay, the Jeffersonville Police Merit Board must give written notice of the discipline and the reason for discipline to the Police Officer and to the FOP within five (5) business days of the decision to impose the discipline. 12.2 If a Police Officer is ordered to the Chiefs office for disciplinary purposes, the Police Officer has the right of FOP representation if he or she requests it. 12.3 Upon recommendation by the Administration, the Jeffersonville Police Department Merit Board shall approve all demotions. All parties recognize that the demoted officer maintains the right to appeal demotion actions. Article Thirteen PAY PERIOD 13.1 Employees are paid twice each month on the tenth (10th) and twenty-fifth (25th) or the last working day prior to those days. 13.2 Employees receive one twenty-fourth (1/24) of their base pay plus their longevity pay and rank differential each pay period. Article Fourteen OVERTIME COMPENSATION 14.1 The City shall pay all employees at the rate of one and one-half their normal hourly rate for all hours worked over their assigned schedule. The shift commander must approve overtime. The employee must submit an overtime slip to the shift commander and must state the reason for overtime. All leave time shall be counted as time worked for payroll purposes, i.e. vacation, sick time and holiday time. 14.2 Departmentally sanctioned overtime, and overtime for which the City is reimbursed, shall be made available to all employees on a rotating basis. Rotation shall begin with the employee with the most seniority and proceed to the employee with the least seniority. 14.3 If any officer works a day of overtime, that officer has an option to be paid 1 '/2 overtime pay or receive compensation time (comp-time) at 1 '/z time. Upon completion of overtime the officer must inform the shift-commander of his or her decision on whether he/she wants monetary compensation or compensation time. At no time shall an employee be capable of receiving compensation (pay) once the comp-time option has been chosen. Comp-time shall follow the same rules applicable to Vacation days set forth in the contract. Article Fifteen RETIREE BENEFITS,1925 FUND 15.1 The surviving spouse of an employee who retired under the 1925 Police Pension Fund shall receive 50% of the annual salary of a 20-year First Class Patrolman each year, payable on a monthly basis, for the balance of the spouse's life. Article Sixteen BEREAVEMENT LEAVE 16.1 If there is a death in the immediate family of an employee, necessary time for the attendance of the funeral and to take care of personal matters related to the death shall be approved with pay within the following limitations. For death of: 1. Spouse, child or foster child, up to five (5) working days off; 2. Mother, father, brother, sister or grandchild, up to three (3) days off; 3. Spouse's mother, father, brother or sister, up to three (3) days off; 4. Grandparent of employee or spouse up to three (3) working days off. Article Seventeen SAVING CLAUSE 17.1 Should any article, section or portion of this agreement be held unlawful and unenforceable by any court of competent and final jurisdiction, such decision of the court shall apply only to the specific article, section or portion involved and shall not invalidate the remaining portions of this agreement. Article Eighteen VACATION TIME 18.1 Vacation time accrues TO ALL employees based upon their total years of service with the city, as follows: After 1 year of service 2 years - 4 years of service 5 years - 9 years of service 10 years - 14 years of service 15 years - 19 years of service Over 20 years of service 8 days = 64 Hours 12 days = 96 Hours 20 days = 160 Hours 25 days = 200 Hours 27 days = 216 Hours 31 days = 248 Hours l 8.2 Up to ten (10) vacation days may be carried over to the next year with the Chief's approval. At no point may an officer carry more than thirty (30) vacation days. Any vacation days accumulated over ten (10) in any one year or over thirty (30) in multiple years will be purchased from the officer at a straight time rate. Upon retirement any outstanding vacation days may be purchased at a straight time rate. All carry over days shall be recorded and tracked by the Human Resource Department 18.3 Any current outstanding comp days or vacation days accrued or carried over from prior years must be reported to and recorded by the Human Resource Director and verified by the Police Chief by July 1 S` 2009 or these days will not be recognized. 18.4 Vacation days and sick days are not allowed to be taken in a back to back way to burn off sick time after announcing retirement or in a way to circumvent the requirement for a doctor's excuse in article 19.3 Article Nineteen SICK TIME 19.1 Any employee absent from duty due to illness or injury sustained in the line of duty shall be paid, in addition to any other benefits, the difference between the amount of wage benefits to which they would have received under worker's compensation, if any, and the amount they would have received if on duty, for the lesser of: 1) one year from the date of illness or injury, or 2) the interval between the date of illness or injury and the date of employee is released to return to duty, or 3) the interval between the date of illness or injury and the date the employee qualifies and receives pension benefits. 19.2 An employee accrues sick time at the rate of 5 (five) days per year for non-line of duty illness or injury, for the first two years of employment. After two years of employment, the employee accrues ten (10) sick days per year of service up to a maximum of 60 days of sick leave. Any days accumulated pursuant to this Article at the end of a calendar year in excess of 60 days shall be purchased by the employer at a rate of one day for every two (2) days of accumulated sick time. Sick days are no longer allowed to be converted to compensatory time. 19.3 Any employee absent from work for more than four (4) consecutive days must have a doctors excuse when (s)he returns to work. 19.4 Sick days and vacation days are not allowed to be taken in a back to back way to burn off sick time after announcing retirement or in a way to circumvent the requirement for a doctor's excuse in article 19.3. 19.5 Upon retirement an employee may sell back any accumulated sick days at a rate of one day for every two (2) days of accumulated sick time at their regular rate of pay. 19.6 It is understood that sick days of leave will be granted only for sickness or injury to yourself or an immediate family member as defined in the city of Jeffersonville Employment Manual. The burden for proving sickness or injury is the Officers responsibility. Light Duty 19.7 If an Officers' medical condition will not allow the Officer to perform his/her normal police duties, the officers may be assigned to light duty, which include administrative duties and training assignments by the Chief, or Assistant Chief within the medical parameters or work restrictions specified by the officer's doctor. All such duties are temporary pending the officer's ability to return to normal duties. The Chief will review this temporary duty, at least every thirty (30) days. The Employer may require the Officers to apply to the appropriate pension board for disability retirement, if the Officer will not be able to perform normal duties within the foreseeable future. Article Twenty HOLIDAYS 8z HOLIDAY PAY 20.1 Employees shall receive a holiday for each of the holidays listed in the Jeffersonville Employee Handbook. 20.2 The city shall pay the employee a flat four hundred dollar ($400) annual holiday pay. See Exhibit B attached hereto and made a part hereof. 20.3 One-half of the annual holiday pay shall be paid on the first pay period in June and the other shall be paid on the first pay period in December. Article Twenty-one LONGEVITY PA Y 21.1 The city agrees that in addition to their normal salary, employees receive one percent (1%) of a first-class patrolman's pay for each year of service, up to a maximum of twenty (20) years. Employees shall receive longevity pay pro rated each pay period. See Exhibit B attached hereto and made a part hereof. Article Twenty-two MAINTENANCE OF EQUIPMENT 22.1 The City agrees to maintain all equipment under their control and all equipment assigned or issued to members of the Jeffersonville Police Department in good repair and working order. Article Twenty-three HEALTH INSURANCE 8c OTHER BENEFITS 23.1 Health Benefits: The Employer will provide each Police Officer with health insurance benefits equivalent to the plan in effect as of January 1St, 2009. Police Officers must each contribute monthly to the total cost of health insurance premiums in accordance with the following schedule: For contract term the monthly contribution to the health insurance plan for active Police Officers will be $100 single and $200 family. The co-pay is $20 and the plan deductible is $250/500. The FOP and the City Council encourage the city to consider expanding its health insurance plan to allow for more than "Single" and "Family" payment option plans. We understand that health care costs and claims are volatile, we reserve the right to renegotiate plan deductibles and employee contributions. Any changes shall be agreed upon by both parties. 23.2 Dental Benefits: The City will provide each Police Officer with dental insurance benefits equivalent to the plans in effect on the date of the signing of this contract. Police Officers must each contribute monthly to the total cost of dental insurance premiums in accordance with the following schedule: Coverage Type Police Officer Contribution Single Coverage -0- Police Officer plus one coverage $10.00 Family Coverage $20.00 23.3 Vision Benefits: The City will provide each Police Officer with vision insurance benefits equivalent to the plans in effect on the date of the signing of this contract. The City will pay the cost of all vision insurance benefits for Police Officers and their families. 23.4 Life Insurance: The City will provide each Police Officer with term life insurance with a death benefit of at least $50,000.00 at no cost to the Officer. Life insurance benefits terminate upon the Officers' retirement or separation. 23.5 Pension and Retirement Plan: The City will continue to pay annually 3% of the Police Officer's PERF contribution per person. The City will be open to consider other plans or options as presented by the FOP. Article Twenty-four RETIREE INSURANCE 24.1 Until a retired Officer or surviving spouse is eligible for Medicare coverage the City shall pay sixty percent (60%) of the retired Officer's or surviving spouse's city insurance premium if the retired officer or surviving spouse elects family or single coverage benefits. 24.2 When a retired officer or surviving spouse becomes eligible for Medicare coverage the retired officer or surviving spouse's eligibility for participation in the city insurance shall automatically terminate. 24.3 The FOP and the City Council encourage the city to consider expanding its health insurance plan to allow for more than "Single" and "Family" payment option plans. Article Twenty-five ASSIGNMENT OFRANK& FILING VACANCIES 25.1 The City of Jeffersonville will maintain at least the minimum number of ranking officers listed below: 5 Shift Commanders 5 Captains 6 Lieutenants 6 Sergeants 9 Corporals 25.2 The City reserves the right to add rank as department needs arises. 25.3 In the event a vacancy occurs in any of the above listed ranks or positions said vacancy shall be filled within thirty (30) days. If, for any reason, the rank or position vacancy cannot be filled within the thirty (30) day period the officer eventually promoted or selected to fill the vacancy shall receive back pay at the rank or position rate as if the vacancy had been filled within thirty (30) days of the vacancy first occurring. 25.4 The rank of the five Shift Commanders positions shall be determined by the Administration. 25.5 Any officer currently holding the rank of permanent Major shall not incur any loss of salary or income because of the loss of the rank. Those officers shall continue to be paid at the same rate and receive the same rank differential as a current Major for the duration of this agreement. Article Twenty-six CERTIFICATION PAY 26.1 An employee receives three hundred dollars ($300.00) per year for Breathalyzer certification. See Exhibit B attached hereto and made a part hereof. 26.2 One-half of the annual certification pay shall be paid on the second pay period in June and the other half shall be paid on the first pay period in December. Article Twenty-seven CLOTHING ALLOWANCE 27.1 The City will provide all uniforms and equipment during an employee's probationary year. 27.2 Commencing January 1, 2009 employees shall receive One thousand five hundred dollars ($1,500.00) for clothing allowance. See Exhibit B attached hereto and made a part hereof. 27.3 Commencing January 1, 2010 employees shall receive One thousand six hundred dollars ($1,600.00) for clothing allowance. See Exhibit B attached hereto and made a part hereof. 27.4 One-half of the annual clothing shall be paid on the second pay period in June and the other half shall be paid on the second pay period in November. 27.5 The City will provide employees with the first issue of any required change to the current uniform. Article Twenty-eight SPECIALTY PAY 28.1 An employee who is accepted on the SWAT or K9 teams shall receive no less than one thousand dollars ($1,000.00) per year. See Exhibit B attached hereto and made a part hereof. 28.2 The Commander of the SWAT and K9 teams respectably will receive seven hundred fifty dollars ($750.00) more than a regular team member. 28.3 One-half of the annual Specialty pay shall be paid on the second pay period in June and the other half shall be paid on the first pay period in December. Article Twenty-nine WAGE 29.1 Commencing January 1, 2009 the Annual Salary of Patrolman First Class shall be $44,013.00. 29.2 Commencing January 1, 2010 the Patrolman First Class salary shall increase to $45,126.00. 29.3 Salaries for this article in the last 2 years of the contract (2011 &2012) may be decided by binding arbitration (as outlined in Article 33) if the parties are not able to come to an agreement through negotiations. The negotiations are to start no later than June 1, 2010 and binding arbitration process will start no later than August 1, 2010 if an agreement has not been reached. 29.4 Newly hired employees shall be paid a Probationary salary, ten percent (10%) less than the Patrolman First Class pay, for the first year of employment, and five (5%) less than the Patrolman First Class pay for the second year of their employment. 29.5 A newly hired employee that has attended the Indiana Law Enforcement Academy and/or is a certified Police Officer in the State of Indiana prior to being hired on the Jeffersonville Police Department shall receive the base salary of Patrolman First Class, but will remain a probationary Police Officer for a period of one year from date of hire. Article Thirty RANK DIFFERENTIAL 30.1 Commencing January 1, 2009, a Senior Patrolman shall receive no less that two percent more that a Patrolman First Class (2%). A Corporal shall receive no less than four percent (4%) more than a Patrolman First Class. A Sergeant shall receive no less than eight percent (8 %) more than a Patrolman First Class. A Lieutenant shall receive no less than thirteen percent (13%) more than a Patrolman First Class. A Captain shall receive no less than eighteen percent (l 8%) more than a Patrolman First Class. A Shift Commander shall receive no less than twenty-three percent (23%) more than a Patrolman First Class. A permanent Major shall receive no less than twenty-eight percent (28%) more than a Patrolman First Class. This compensation is based solely on rank, and is exclusive of any other salary increases. 30.2 Commencing January 1, 2010, A Senior Patrolman shall receive no less that two percent (2%) more than a Patrolman First Class. A Corporal shall receive no less that five percent (5%) more than a Patrolman First Class. A Sergeant shall receive no less that ten percent (l 0%) more than a Patrolman First Class. A Lieutenant shall receive no less than fifteen percent (I S%) more than a Patrolman First Class. A Captain shall receive no less than twenty percent (20%) more than a Patrolman First Class. A Shift Commander shall receive no less that twenty- five percent (25%) than a Patrolman First Class. A permanent Major (or an officer who had previous held the rank of permanent Major) shall receive no less that thirty percent (30%). This compensation is based solely on rank, and is exclusive of any other salary increases. 30.3 If a rank of permanent Major is added to the department after January I, 2010, the Major shall receive no less that twenty-five percent (25%) more than Patrolman First Class. 30.4 A Senior Patrolman is reached when a patrolman has reached ten years of service with the Jeffersonville Police Department Article Thirty-one DRUG TESTING POLICY 31.1 The FOP is working with the city to establish a fair and consistent drug testing policy. 3l .2 Jeffersonville police officers agree to participate in the City's random drug testing policy and to add it to this agreement once established. 3l .3 If the drug testing policy is updated or changed and the FOP believes it to be unreasonable, the FOP may follow the grievance procedure outlined in Article l 1 of this agreement before accepting the updated city drug testing policy. Article Thirty-two PERSONNEL FILES 32. ] The Employer must maintain each police officer's official personnel file in the Human Resource Director's Office. Upon appropriate request by a police officer, the officer will be permitted to examine his/her official personnel file in the presence of a representative of the City. The police officer has the right to question any material contained in the file, and any officer's written response must be attached to the personnel file material to which it relates. The officer will be permitted to reproduce or copy any material in his/her personnel file. Article Thirty-three BINDING ARBITRATIONAGREEMENT 33.1 The parties agree and understand that at the time of the execution of this contract, "Public employees have been barred from all strike activity under the law of Indiana. There is no exception granted because of a public employer failing or refusing to negotiate." Elder v. City of Jeffersonville, 164 Ind. App. 422 (1975) 33.2 The parties agree that this prohibition can result in harsh results when public employees attempt to negotiate contracts with the City of Jeffersonville. 33.3 The parties agree that it is fair an equitable for the parties to agree to binding arbitration on all matters, questions, issues or disputes that may arise between the parties as a result of the execution of this contract. 33.4 The parties agree that if any dispute arises as to the interpretation of the contract, its enforcement and/or meaning said shall be submitted to binding arbitration pursuant to the arbitration rules set forth below. 33.5 The parties agree and understand that the arbitrators decisions shall comport with the evidence submitted by the parties and when considering Police Officer payroll changes (increases or decreases to section 29.1) any and all decisions must be consistent with the City's revenue available in the general fund. The arbitrators' shall be bound to acknowledging and understanding that General Fund revenue is the only source available when funding reoccurring operational expenses. 33.6 The binding arbitration agreement shall not serve to supplant or substitute for the grievance procedures set forth and agreed upon herein. 33.7 The parties agree that the binding arbitration agreement shall not serve to supplant the power, authority or duties of the Jeffersonville Police Merit Board as adopted pursuant to ordinance and as provided for pursuant to Indiana Code. 33.8 The parties agree and understand that all decision of the arbitrator shall be final and binding ARBITRATION RULES RULE 3. ARBITRATION 1.1 Agreement to Arbitrate 1.2 Case Status During Arbitration 1.3 Assignment of Arbitrators 1.4 Arbitration Procedure 1.5 Sanctions Rule Rule 1.1. Agreement to Arbitrate By executing this agreement the parties hereto agree that they shall submit all disputes that may arise as a result of the execution of this agreement to binding arbitration. Rule 1.2 Waiver Of Right To Seek Court Redress The parties understand that they shall not be permitted to seek redress from the courts and that by entering into the binding arbitration contract all matters shall be decided by an arbitrator as chosen pursuant to these rules. Rule 1.3. Assignment of Arbitrators An aggrieved party shall file a notice and/or request for arbitration with the Clark Circuit Court. Said notice shall inform the Clark Circuit Court of the aggrieved parties desire to implement the arbitration provision of the contract. The Circuit Court judge shall issue an order assigning the matter for arbitration pursuant to the contract and rules herein. Each court maintains a listing of lawyers engaged in the practice of law in the State of Indiana who are willing to serve as arbitrators. Upon assignment of a case to arbitration, the plaintiff and the defendant shall select one arbitrator therefrom and the defendant shall select on arbitrator. The two (2) arbitrators chosen shall pick a third arbitrator to serve with them to hear the dispute. When there is more than one arbitrator, the arbitrators shall select among themselves a Chair of the arbitration panel. Unless otherwise agreed between the parties, and the arbitrators selected under this provision, the Court shall set the rate of compensation for the arbitrator. Costs of arbitration are to be divided as follows; the City shall pay two-thirds (2/3) and the Union shall pay one-third (1/3) to the parties and paid within thirty (30) days after the arbitration evaluation, regardless of the outcome. Any arbitrator selected may refuse to serve without showing cause for such refusal. Rule 1.4. Arbitration Procedure (A) Notice of Hearing. Upon accepting the appointment to serve, the Chair of an arbitration panel shall meet with all attorneys of record to set a time and place for an arbitration hearing. (B) Submission of Materials. Unless otherwise agreed, all documents the parties desire to be considered in the arbitration process shall be filed with the Chair and exchanged among all attorneys of record no later than fifteen (15) days prior to any hearing relating to the matters set forth in the submission. Documents may include medical records, bills, records, photographs, and other material supporting the claim of a party. In the event of binding arbitration, any party may object to the admissibility of these documentary matters under traditional rules of evidence; however, the parties are encouraged to waive such objections and, unless objection is filed at least five (5) days prior to hearing, objections shall be deemed waived. In addition, no later than five (5) days prior to hearing, each party may file with the arbitrator or Chair apre- arbitration brief setting forth factual and legal positions as to the issues being arbitrated; if filed, pre- arbitration briefs shall be served upon the opposing party or parties. The parties may in their Arbitration Agreement alter the filing deadlines. They are encouraged to use the provisions of Indiana's Arbitration Act (IC 34-57-1-1 et seq.) and the Uniform Arbitration Act (IC 34-57-2-1 et seq.) to the extent possible and appropriate under the circumstances. (C) Discovery. Rules of discovery shall apply. Thirty (30) days before an arbitration hearing, each party shall file a listing of witnesses and documentary evidence to be considered. The listing of witnesses and documentary evidence shall be binding upon the parties for purposes of the arbitration hearing only. The listing of witnesses shall designate those to be called in person, by deposition and/or by written report. (D) Hearing. Traditional rules of evidence need not apply with regard to the presentation of testimony. As permitted by the arbitrator or arbitrators, witnesses may be called. Attorneys may make oral presentation of the facts supporting a party's position and arbitrators are permitted to engage in critical questioning or dialogue with representatives of the parties. In this presentation, the representatives of the respective parties must be able to substantiate their statements or representations to the arbitrator or arbitrators as required by the Rules of Professional Conduct. The parties may be permitted to demonstrate scars, disfigurement, or other evidence of physical disability. Arbitration proceedings shall not be open to the public. (E) Confidentiality. Arbitration proceedings shall be considered as settlement negotiations as governed by Ind. Evidence Rule 408. For purposes of reference, Evid. R.408 provides as follows: Rule 408. Compromise and Offers to Compromise Evidence of (I) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim, which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. Compromise negotiations encompass alternative dispute resolution. (F) Arbitration Determination. Within twenty (20) days after the hearing, the Chair shall file a written determination of the arbitration proceeding in the pending litigation and serve a copy of this determination on all parties participating in the arbitration. The Court shall enter judgment on the determination of the arbitration panel. Rule 15. Sanctions Upon motion by either party and hearing, the court may impose sanctions against any party or attorney who fails to comply with the arbitration rules, limited to the assessment of arbitration costs and/or attorney fees relevant to the arbitration process. Article Thirty-four FITNESS STANDARD 34.1 It is understood that a police officer must have and maintain a certain level of physical strength and fitness to properly perform his/her law enforcement and rescue duties. As such, if no other fitness standard is agreed upon by the FOP, Administration and the Council on or before Oct 1 2009, the following fitness procedures and standards will apply; 34.2 Starting January 2010, police officers will be required to participate in an annual physical fitness test (standards attached to this agreement via Exhibit A). Fitness testing will be available twice a year in the months of April & October. The testing will be performed by a city contracted independent fitness professional who certifies, records in writing and communicates the results of each fitness test within five (5) business days of the test to the police chief with a copy sent to the human resource director. 34.3 The police chief and/or the human resource director shall notify the merit board of any members that fail the fitness standard. This notification of not meeting the fitness standard may be used by the merit board when considering promotions. 34.4 Any and all fitness related disputes shall be decided by the police merit board. 34.5 Starting January 2010 all newly hired police officers that are unable to pass, or is not present for his/her annual test on the month of his/her hire date will have 30 days to retake and pass the fitness requirement. If after this second test (30 days from first test) the police officer does not pass this fitness requirement the officer will be considered unfit for line duty and will go on light duty and will be given a re-test in another 30 days. If after this third test (30 days from second test and 90 days from first test) the police officer does not pass the fitness standard (s)he will be considered unfit for duty and referred to the Merit Board for a termination hearing. Except for extraordinary circumstances as determined by the Merit Board this officer will be terminated from employment with the city and shall be referred to the appropriate pension board for possible pension benefits. 34.6 The fitness standard for the last 2 (two) years of the contract (2011 & 2012) will be reopened for negotiation in conjunction with Article 29 Wages. The negotiations for a new fitness standard along with the wages for 2011 & 2012 are to start no later than Junel, 2010. Exhibit A Annual Physical Fitness Requirement Minimum pushup and sit-ups completed in 1.5 minute (90 seconds) and maximum time to complete a 1.5 - mile run: Officers age 18-29 Male Push ups - 30 reps Sit ups - 35 reps *1.5 Mile run - 15 minutes 0 seconds Female Push ups - 20 reps Sit ups - 30 reps * 1.5 Mile run - 16 minutes 0 seconds Officers age 30 to 39 Male Push ups - 25 reps Sit ups - 30 reps *1.5 Mile run- 16 minutes 0 seconds Female Push ups - 16 reps Sit ups - 25 reps *1.5 Mile run - 17 minutes 0 seconds Officers aye 40 to 49 Male Push ups - 20 reps Sit ups - 28 reps *1.5 Mile run - 17 minutes 0 seconds Female Push ups - 14 reps Sit ups - 20 reps * 1.5 Mile run - 18 minutes 0 seconds Officers aye 50 and 59 Male Push ups - 15 reps Sit ups - 25 reps *1.5 Mile run - 18 minutes 0 seconds Female Push ups - 10 reps Sit ups - 15 reps * 1.5 Mile run - 19 minutes 0 seconds Officers age 61 and over Male Push ups - 10 reps Sit ups - 20 reps * 1.5 Mile run - 19 minutes 0 seconds Female Push ups - 10 reps Sit ups - 10 reps * 1.5 Mile run - 20 minutes 0 seconds * Another measurable and timed physical fitness activity (basically equivalent to a timed 1.5 mile run) designed by an independent fitness professional may be substituted for the 1.5-mile run requirement. This substituted activity should demonstrate that the officer has the cardiovascular fitness to perform at an elevated cardiovascular level for 20 minutes. Exhibit B Longevity , Holiday, Clothing, Special Pay 2009 2010 1 yr. $440.13 $451.26 2yrs. $880.26 $902.52 3yrs. $1,320.39 $1,353.78 4yrs. $1,760.52 $1,805.04 Syrs. $2,200.65 $2,256.30 6 yrs. $2,640.78 $2,707.56 7 yrs. $3,080.91 $3,158.82 8 yrs. $3,521.04 $3,610.08 9 yrs. $3,961.17 $4,061.34 10 yrs. $4,401.30 $4,512.60 11 yrs. $4,841.43 $4,963.86 12 yrs. $5,281.56 $5,415.12 13 yrs. $5,721.69 $5,866.38 14 yrs. $6,161.82 $6,317.64 15 yrs. $6,601.95 $6,768.90 16 yrs. $7,042.08 $7,220.16 17 yrs. $7,482.21 $7,671.42 18 yrs. $7,922.34 $8,122.68 19 yrs. $8,362.47 $8,573.94 20 yrs. $8,802.60 $9,025.20 Holiday $400.00 $400.00 Clothing $1,500.00 $1,600.00 Special $1,000.00 $1,000.00 Breathalyzer $300.00 $300.00 Article Thirty-five EFFECTIVE DATE. DURATION & SIGNATURES This Agreement unless specifically stated differently in any individual article shall become effective January 1 2009 upon its proper adoption by the parties listed below, and will continue in full force and effect until December 31, 2012. It is agreed that retroactive pay will be paid to officers by the city no later than 60 days after the signing of this agreement. It is understood that this agreement will automatically remain in effect until a new agreement is reached. In Witness Whereof, the parties have hereunto set their hands and seals this ~ day of •~•~ J ~,~ e , 2009. Indiana Fraternal Order of Police, The City of Jeffersonville, Labor..C.auncil and Lodge #100 Pres Grimm Secretary Order of Police Labor Council ity Council Representative Connie Seller, City Council President 2009 Fraternal Order of Police Lodge #100 President Joseph D. Hubbard Vice President Steve Dean Secretary Chris Grimm Treasurer Greg Seifried General Membership Charles Thompson Jack Fleeman James Craig John Monihon Richard Ashabranner Jr. Bruce Wilkerson Donald Grimes Jr. John Beury Harry Oliver Mark Lovan Leslie Kavanaugh Jr. Kelly Harrod Garry Pavey Brain Cleveland Marvin Weathers Robert Mcghee Russell Settles Phillip Broady Christopher Ueding Ronald Todd Brian Mitchell Glenn Jackson Todd Hollis Daniel Lawhorn Gregory Sumler Jason Vangilder Mark Doherty Todd Wilson Jason Jackson Jeffrey Pavey Shawn Kennedy Kevin Anderson Denver Leverett Charles Martin Jr. Mark Dobson Jr. Jason Gibson Darin Vaughn Connie Viers Joshua Lynch Isaac Parker Michael Brewer Steve Copper 11 Ketih Broady Richard Ashabranner 111 Daniel Harbin Kenton Makowsky Samuel Moss Thomas Mitchell Toby Deaton Jeffrey Gordon Thomas O'Neil Jeremy Campbell Jeffrey Veach