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HomeMy WebLinkAbout2011-R-18 RESOLUTION NO. 2010 -1i- la A RESOLUTION OF THE JEFF ERSON VILLE COMMON COUNCIL REQUESTING THAT TIIE MEVMBERSIIIP OF THE JE.FFERSONVILLE FRATERNAL ORDER OF POLICE CONDUCT A VOTE OR PR.OVT'DE THE COUNCIL NOTICE OF A VOTE UPON AMENDMENTS TO THE COLLECTIVE BARGAINP G AGREEMENT 'WHEREAS, the City of Jeffersonville, Indiana and the Jeffersonville Fraternal Order of ;Police entered into a collective bargaining agreement an or about June 1' 2009, with such agreement to be in effect until December 31, 2012; and WHEREAS, pursuant to that collective bargaining agreement, the issues of wages and fitness standards were to be subject to negotiation in 2010; and WHEREAS, the City of Jeffersonville and the Jeffersonville F.O.P. were unable to successfully negotiate those issues and did file a joint request, pursuant to the terms of the collective bargaining agreement, that they be Ordered to binding arbitration; and WHEREAS, the Common Council of the City of Jeffersonville and the Jeffersonville P.O.P. did send representatives to attend the binding arbitration scheduled for April 18, 2011; and WHEREAS, the Common Council of the City of Jeffersonville and the Jeffersonville F.O.P. did agree to delay the scheduled arbitration based upon the representatives of the relevant parties having reached a tentative agreement regarding the terms at issue; and WHEREAS, the proposed terms in question included the annual raise of $300 to each F.O.P. member's base salary, as tentatively agreed in 2010, and also included an amended Article 34, attached hereto as Exhibit "A ", dealing with fitness standards; and WHEREAS, Article 34, as amended, would have adopted the amended fitness standards proposed by the Jeffersonville F.O.P., removed any language regarding termination of a member for failure of the physical fitness test, and continued to apply any disciplinary measures for failure to meet physical fitness standards only to those officers hired on or after January 1, 2010; WHEREAS, since April 18, 2011, the Jeffersonville F.O.P. has not received official notice as to whether the Jeffersonville F.O.P. has conducted a vote to determine whether the proposed terms are agreeable to the members of the Jeffersonville F.O.P. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indiana, that the Council requests that the Jeffersonville Fraternal Order of Police conduct a v.te of its r enfoe.';1: upon fit proposed amended terms &scribed above. or if such vole has be e7: cJL:.'l:::cd, the, the Ceccii be pr vided rict:ce of the result of such vote. Passed and adopted P.:is ay of S. le.. . 201 :. ATTh :ST: 'II 4 • a, „7, Lo. fhomas R. G 1h an Peggy *II er Presiding Officer Clerk - Treasurer Pre ented by a as Clerk and Treasurer to the Mayor of said City of Jeffersonville this Gtr' day of lrmE, _, 2011. Peggy 'lder ^� Clerk- Treasurer Approved and signed by me thing_ -lay of S IN e_ . 2011. // �/1 / / 1 omas R. Callig. T r • Article Thirty-four FITNESS STANDARD 34.1 1: 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. 34.2 Starting January 2011, 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 notification of not meeting the fitness standard shall be included in the officer's hi- annual performance evaluation and may be used by the merit hoard when considering promotions. 34.4 If an officer has a documented medical condition preventing them from participating in the physical fitness test, he/she must obtain an official written excuse by a medical physician and given to the police chief. That officer will be excused from taking the physical fitness test until such time that he/she is medically cleared to take the fitness test. If the officer is not clear in time to take the allotted fitness test by October, he/she will have fifteen days to take the fitness test, upon being cleared by a medical professional. 34.5 Any and all fitness related disputes may be heard and decided by the police merit commission. If the merit commission does not hear the matter as proscribed by their rules and procedures, the matter shall be referred to binding arbitration as described in Article 33 of this Agreement. 34.6 Starting January 2010 any newly hired police officer that is 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 hearing to determine the appropriate action, in accordance with due process. 34.7 The Employer intends and has represented its intent to hire a qualified professional to develop a work performance evaluation, based upon the actual duties of the police officers of the City of Jeffersonville. This professional shall work with and cooperate with the me tbers 4 of the Jefke sonville City Fraternal Order of Pe :ice in order to develop this work performance evaluation. Upon completion of the work performance evaluation, including a determination of appropriate rewards and sanctions for success or failure of a police oftieer of the work performance evaluation, and upon the implementation of this work performance evaluation as a rule and regulation of the Jeffersonville City Police Department, this Article of the contract shall cease to be in operation or to have any effect whatsoever.