HomeMy WebLinkAboutFOP CONTRACT 1-1-17 - 12-31-20 8- o
RESOLUTION 2017-11-�
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF JEFFERSONVILLE AND
THE JEFFERSONVILLE FATERNAL ORDER OF POLICE LODGE#100
WHEREAS,the Common Council of the City of Jeffersonville, Clark County, Indiana (hereinafter the
"Council"), is the City's statutory Legislative Body pursuant to Indiana Coder: 36-4-5-6 et seq.;
WHEREAS,the Council, on behalf of the City, has participated in collective bargaining negotiations with
the Jeffersonville Fraternal Order of Police Lodge#100 for the purpose of entering into a new collective
bargaining agreement.
WHEREAS,the Council has completed the said collective bargaining negotiations now desires to approve
the said Agreement, subject to approval by both the Jeffersonville Fraternal Order of Police Lodge#100
and the Mayor of the City of Jeffersonville.
NOW,THEREFORE BE IT RESOLVED BY THE JEFFERSONVILLE COMMON COUNCIL, COUNTY OF CLARK,
STATE OF INDIANA,THAT:
1.The Council does hereby approve the said collective bargaining Agreement attached hereto as
"Exhibit A"and incorporated herein by reference.
2.The approval of the said Agreement is subject to the approval by both the Jeffersonville Fraternal
Order of Police Lodge#100 and the Mayor of the City of Jeffersonville.
3.This resolution shall be in full force and effect after its passage,approval and confirmation require
by law.
DATED THIS DAY OF AUGUST, aQ
VOT FIR: VOTED AGAINST:
2017-R-
To
PASSED AND RESOLVED by the Common Council of the City of Jeffersonville, Clark County, Indiana upon
this day of August, 2017.
Lisa Gill, Oresident
ATTEST:
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Vicki Conlin, Clerk
PRESENTED BY ME TO THE MAYOR OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA UPON
THIS DAY OF AUGUST, 2017
-I Qt-r-k ca/x�-'
Vicki Conlin, Clerk
SIGNED AND APPROVED BY ME THIS 3 DAY OF s 2 1
�i
Mike Moor I
Mayor
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AGREEMENT BETWEEN
City of Jeffersonville
and
Jeffersonville Fraternal Order of Police Lodge #100
Effective
January 1, 2017, through December 31, 2020
TABLE OF CONTENTS
AGREEMENT......................................................................................................... 1
ArticleOne : RECOGNITION.................................................................. 2
Article Two : TERM OF AGREEMENT................................................... 3
Article Three : MANAGEMENT PREROGATIVES................................. 4
Article Four : NON-DISCRIMINATION.................................................. 5
Article Five : DEDUCTION OF DUES..................................................... 6
Article Six : HOURS OF EMPLOYMENT............................................ 7
Article Seven : MEAL PERIODS................................................................. 8
Article Eight : FOP BUSINESS ................................................................... 9
Article Nine : SENIORITY RIGHTS......................................................... 11
Article Ten : RULES & REGULATIONS................................................ 12
Article Eleven : GRIEVANCE PROCEDURES............................................ 13
Article Twelve : DISCIPLINE. ....................................................................... 15
Article Thirteen : PAY PERIOD........................................................................ 18
Article Fourteen : OVERTIME COMPENSATION........................................ 19
Article Fifteen : RETIREE BENEFITS, 1925 FUND................................... 20
Article Sixteen : BEREAVEMENT LEAVE................................................... 21
Article Seventeen : VACATION TIME............................................................... 22
Article Eighteen : SICK TIME........................................................................... 24
Article Nineteen : HOLIDAYS & HOLIDAY PAY......................................... 26
Article Twenty . LONGEVITY PAY. ............................................................. 27
Article Twenty-one : HEALTH INSURANCE & OTHER BENEFITS......... 28
Article Twenty-two : RETIREE INSURANCE................................................. 31
Article Twenty-three : ASSIGNMENT OF RANK & FILLING VACANCIES 32
Article Twenty-four : CERTIFICATION PAY............................................... 34
Article Twenty-five : EQUIPMENT ALLOWANCE.................................... 35
Article Twenty-six : SPECIALTY PAY........................................................ 36
Article Twenty-seven : WAGES.......................................................................... 37
Article Twenty-eight : RANK DIFFERENTIAL.............................................. 38
Article Twenty-nine : DRUG TESTING POLICY......................................... 40
Article Thirty : PERSONNEL FILES.................................................... 41
Article Thirty-one : FITNESS STANDARD.................................................. 42
Article Thirty-two : SAVINGS CLAUSE....................................................... 43
Article Thirty-three : EFFECTIVE DATE. DURATION & SIGNATURES 44
AGREEMENT
This Agreement is entered into by the, Jeffersonville Fraternal Order of
Police Lodge #100 (FOP), and the City of Jeffersonville, Indiana (the "City") (the
City and the FOP together referred to herein as the "Parties"). The purpose of the
Agreement is to set forth certain terms and conditions of employment, including
the salary and fringe benefit structure applicable to certain sworn police officers
("Officers") employed by the City. It is the intent of the City and the FOP by
entering into this Agreement to promote peaceful and orderly labor relations.
The parties agree that all current baseline law enforcement duties (regular
shifts, including regular overtime and special overtime, special events and details,
regardless of the source of the payment for such services) being performed by FOP
100 Members for the City of Jeffersonville,will remain under the scope and purview
of FOP 100 Members. Only Certified, academy graduated, active law enforcement
Officers, members of the Jeffersonville FOP, shall be utilized by the City to provide
baseline law enforcement services, except that the City of Jeffersonville retains the
right, in a need for public safety, to use non-FOP Members for events/details or
emergencies when it cannot be covered by FOP Members after first being offered
to them.
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ARTICLE ONE: RECOGNITION
1.1 The City hereby recognizes the FOP and the Officers of the Jeffersonville
local FOP Lodge #100, as the exclusive representatives of the Officers in
the employment of the City and the Officers who have retired from
employment with the City. The FOP does not represent the Chief of Police
("Chief') or the Assistant Chiefs.
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ARTICLE TWO: TERMOFAGREEMENT
2.1 This Agreement is effective from January 1, 2017, through December 31,
2020.
2.2 Except in the exercise of the City's rights and powers as provided by law, 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.
2.3 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.
2.4 The parties agree that no later than seven(7) months prior to the expiration
of this Agreement, the parties shall enter into negotiations for the purposes
of entering into a successor contractual agreement.
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ARTICLE THREE: MANAGENLIENT PREROGATIVES
3.1 The FOP recognizes the prerogative of the City to operate and manage the
Department's affairs in all respects except as may be expressly or
specifically restricted or modified by one or more of the provisions of this
Agreement, by the laws and Constitutions of the State of Indiana or the
United States, or the Jeffersonville City Code. All of the rights, functions
and prerogatives of the City that are not so expressly or specifically
restricted or modified by the foregoing are reserved and retained by the City.
Specifically, but without limiting or affecting the generality of the
foregoing, the following rights remain vested in the City:
(a) To determine the size of the workforce;
(b) To hire, establish work schedules, assign and direct the work of
employees, including the assignment of overtime;
(c) To establish, change, combine job classifications and to prescribe
and assign job duties, content and classification;
(d) To maintain the statutory rights of the Chief to establish and revise
Departmental rules and procedures for the administration of the
Department;
(e) To discipline and discharge employees for just cause, subject to IC
36-8-3.5, et seq.;
(fj To adopt, revise, and enforce reasonable work rules;
(g) To recruit, transfer and recommend the promotion of employees,
subject to IC 36-8-3.5, et seq.;
(h) To manage the Jeffersonville Police Department ("Department")
efficiently and economically; and
(i) To manage the fiscal affairs of the City in the best interests of the
taxpayers and residents of the City.
0) The City shall make reasonable provisions for the safety and health
of police officers during the hours of their employment. The City
shall maintain the equipment and facilities in safe operating
conditions in accordance with federal, state and local laws. The City
shall provide, at the City's expense, all required equipment as
directed by the Chief.
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ARTICLE FOUR: NON-DISCRIMINATION
4.1 The City is an equal opportunity employer and it is the City's policy to
follow federal and state law regarding employment discrimination. Officers
shall also have the benefit of all the non-discrimination policies reflected in
the City of Jeffersonville Policy and Procedure Manual.
4.2 The City shall not discriminate against any Officer for his or her activity on
behalf of, or membership in, the FOP.
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ARTICLE FIVE: DEDUCTION OFDUES
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 a
dues-deduction system is implemented, the City must deduct dues
semimonthly 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.
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ARTICLE SIX: HOURS OF EIVIPLOYMENT
6.1 The Uniform Division will work an eight and half(8.5) hour work day with
five (5) days-on and three(3) days-off rotation.
6.2 The work schedule for the Uniform Division will be as follows on a non-
rotating schedule:
Dayshift (First Shift) 6:00 a.m. —2:30 p.m.
Mid-shift (Second Shift) 2:00 p.m. — 10:30 p.m.
Night Shift (Third Shift) 9:30 p.m. —6:00a.in.
Non-Uniform Divisions shall work with a flexible schedule as established
by the Chief of Police.
6.3 If the Chief of Police determines there is a need for any change in the
scheduling for the Uniform Division, the Chief shall give not less than sixty
(60) days' notice of said change to the FOP Executive Board. However, if
the Chief determines that the change implemented is not acceptable he shall
only be permitted to revert to the immediately prior schedule. Subject to
the emergency provision in this Article, a change of work schedule may be
implemented no more than once per calendar year. The Chief shall make
every reasonable effort to insure that changes in the schedule shall not occur
except at the beginning of a calendar year. The FOP reserves the right to
file a Grievance against any work schedule change and shall follow the
Grievance policy set within this agreement. If a grievance is filed against
the schedule change before the change goes into effect, the change will not
go into effect but will await resolution through the grievance procedure. If
the schedule is implemented by agreement or without a grievance being
filed, any grievance filed challenging the change must be filed within sixty
(60) days following the implementation of the change. .
6A Officers' Shift bids shall be made annually on or before a date set by the
Chief, provided, however, that Shift bids shall take effect as of January I"
of the following calendar year.
6.5 Thirty (30) day notice shall be given for individual Officer schedule
changes.
6.6 This article shall not effect temporary emergency shift changes set by the
Chief of Police for emergency situations.
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ARTICLE SEVEN: MEAL PERIODS
7.1 Officers shall be granted a forty-five (45) minute meal period per shift.
Officers must take their meal period after the first hour and before the last
hour of their shift when possible. Officers must stay in radio contact during
their meal period as they are subject to call out.
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ARTICLE EIGHT: FOP BUSINESS
8.1 When possible, grievance meetings and special conferences with the
Employer will be scheduled outside working hours. However, the
Employer will grant a necessary and reasonable amount of time off during
working hours, without loss of pay, to F.O.P. officers and/or grievance
committee persons who must necessarily be present for direct participation
in grievance adjustments and special conference. Such persons must notify
their immediate supervisors before leaving their workstations and must
report back promptly when their part in these activates has been completed.
The F.O.P. representative and/or grievance committee person will not be
released for simultaneous investigation of grievance unless mutually agreed.
For all FOP days requested, the FOP members will submit the request in
writing at least ten(10) days in advance if possible. Once the FOP days are
approved they shall be noted on the work schedule.
A. F.O.P. Members shall be granted time off, without loss of pay or
benefits, including paid time off, to attend F.O.P. functions as
follows:
1. Four (4) FOP members shall each be granted five (5)
days off to attend the National FOP convention.
2. Six(6)FOP members shall each be granted four(4)days
off to attend the State FOP convention.
3. Four(4)FOP members shall be granted four(4)days off
to attend Police Week.
B. An officer will be granted time off, without loss of pay or benefits,
including paid time off, for the following events. However, if the
day(s) requested require additional cost to the City due to overtime
to cover empty positions, the FOP representative must utilize a
vacation day, holiday, or comp time. The events are:
1. Up to four(4) FOP members shall be granted three
(3) days off to attend the State FOP Board Meetings;
2. Up to Three (3) FOP members shall be granted one
(1) day for the following local FOP functions;
State Golf Tournament (if hosted by Jeffersonville
FOP); the Steak Dinner; Local Golf Events hosted
by the Jeffersonville FOR,
C. A maximum of five (5) members of the FOP Collective Bargaining
Committee shall be granted additional time off, without loss of pay
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and without loss of fringe benefits or seniority, to conduct
negotiations with the Employer.
D. In addition to the other provisions of this Article, any FOP Officer
elected to a State or National FOP office shall be granted time off
reasonable to the office without loss of benefits, to perform such
duties necessary for that office, not to exceed seven (7) days
annually, provided, however, that if the off days requested require
additional cost to the City due to overtime to cover an empty
position, the requesting member must utilize a vacation day or other
compensatory day for such leave. 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 Officer's expense unless and until there
is duplicate coverage available in the new position.
E. All other FOP business shall be communicated through the Chief of
Police by the FOP President with a ten (10) day notice if possible.
F. The City will allow the FOP to utilize bulletin boards, e-mail
systems, internet access and printing in accordance with existing
City policies.
G. 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.
H. No FOP days shall be allowed for partisan campaign events.
I. If any qualifying FOP event is more than One Hundred and Fifty
Miles from Jeffersonville, those members attending shall be granted
one(1)day for total travel time. This day shall be no more than one
(1) day (24 hours) and shall not be one day to travel to and one day
to travel from said event.
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ARTICLE NINE: SENIORITY RIGHTS
9.1 If the City must institute a reduction of work force, the last Officer hired
will be the first Officer laid-off. When a recall occurs the last Officer laid
off will be the first Officer called back to work. The City further agrees
not to hire any new personnel for the Department until all 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 Officer will be
immediately stricken from the seniority list.
9.3 "Seniority" is defined as the relative length of accumulated service of each
Officer of the police department. An 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 Departmental seniority will be determined from the date of hire. Rank
seniority will be determined from date of promotion. No more than one new
hire can occur on the same date. An 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. Seniority for any officer hired before January 1,
2013, that shares the same hire date with another officer, shall be
determined by alphabetical order using each officer last name.
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ARTICLE TEN: RULES, REGULATIONS, POLICIES,
OR PROCEDURES
10.1 The City retains the right to recommend and implement reasonable rules,
regulations, practices, or procedures, not otherwise covered by this
Agreement. The FOP retains the right to object to the reasonableness
of any changes. Any changes in the City's rules, regulations, policies,
procedures, or SOP's are to be established in the following manner:
a. The proposed change must be posted ten(10)business days prior to
the effective date of said rule or regulation.
b. If a Grievance is filed within the ten (10) business day posting
period, contesting the reasonableness of the proposed change, the
effective date of the proposed rule or regulation will abate until the
Grievance procedure is finalized as hereinafter set forth.
10.2 If the change is properly posted and not opposed by the FOP members by
way of Grievance such change must be maintained in a manner accessible
to all Officers until it appears in the amended permanent rules, regulations,
policies or procedures.
10.3 The City agrees to provide a copy of the current Rules and Regulations and
SOPs to each new hire and any current Officer that requests a copy. The
City and FOP agree to maintain and recognize the same copy of the most
current Rules and Regulations and SOPs at the police department. A current
electronic copy will be recognized as an acceptable copy.
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ARTICLE ELEVEN: GRIEVANCE PROCEDURES
11.1 A" Grievance" is defined as a request from an Officer for relief from an
action that is in violation of his or her contractual and/or civil rights which
shall include the Department general orders, memorandums, or rules and
regulations. Both Parties agree that disciplinary and promotion matters
within the exclusive jurisdiction of the Merit Commission shall not be
subject to the Grievance procedure.
11.2 A "Business Day" is defined as any day in the week Monday through
Friday. Days that are recognized Holidays are not considered business days.
11.3 Procedure to file a Grievance:
STEP #1: An aggrieved Officer or FOP may file a Grievance. The
Grievance must be filed through the FOP in writing within ten(10)business
days after the Officer or FOP becomes aware or should have been aware of
the event giving rise to 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 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 he/she wishes to answer any questions
the board may have or explain the Grievance. The grievant will be excused
while the Executive Board discusses and votes on the Grievance.
The Board will base its decision on the presented facts,the Agreement, the
law, and/or any other applicable policy, procedure, or practice.
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 resolved in Step 3, a member of
the Board may submit the Grievance in writing to and discuss it with the
Police Chief within ten (10) business days of the issuance of the Board,
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decision. The FOP shall make itself available to discuss the Grievance with
the Chief.
STEP 95: The Chief must give his written answer to the Grievance to the
Board within ten(10)business days after receipt of the writing described in
Step 4.
If the Grievance is not resolved in Step 5, the FOP may refer the matter to
arbitration as described in Paragraph 11.4 of this Article.
11.4 If a dispute arising under this Agreement that an Officer or the FOP has the
right to grieve has not otherwise been resolved by mutual agreement of the
Parties pursuant to Step 5 of the Grievance procedures, either Party may,
within ten (10) calendar days from the date on which the Chiefs written
answer at Step 5 was due or the date on which it was received, whichever is
earlier, notify the other Party of its desire to arbitrate by submitting a request
for a list of seven (7) arbitrators from the Federal Mediation and
Conciliation Service (FMCS). An arbitrator shall be selected from this list
by each of the Parties alternately striking names, and the last name
remaining shall be the arbitrator for the dispute. The party requesting
arbitration shall strike the first name from the list. Upon payment of the
required fee to FMCS,either Party may request a second panel if dissatisfied
with the first panel.
11.5 The rules and procedures of the FMCS governing the arbitration shall apply
unless otherwise agreed by the Parties in writing.
11.6 The authority of the arbitrator shall be limited to the interpretation and
application of this Agreement, and the arbitrator shall not have the authority
to modify, nullify, ignore, add to, or subtract from any of the provisions of
the Agreement. The arbitrator's award shall be in writing and shall be
binding upon the City and the FOP and the employee(s) involved. The
expense of such arbitrator shall be borne 1/) by the FOP and 2/3"'s by the
City.
11.7 The time limits set forth in this Article shall be strictly observed unless
expressly waived by the Parties in writing.
11.8 Nothing herein shall prohibit any Officer from pursuing a grievance through
the provisions of the Jeffersonville Police Department Policy 1003. Should
an Officer pursue a grievance under that Policy, the time for filing a
grievance under this Article 11 shall be ten (10) business days from the
completion, withdrawal, or dismissal of the grievance under Policy 1003.
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ARTICLE TWELVE: DISCIPLINE
12.1 The Department shall follow the Indiana merit laws regarding discipline of
Officers including the right of an affected Officer to a hearing and an
appeal, pursuant to IC 36-8-3.5 (or any successor legal provisions).
12.2 If an Officer is ordered to the Chiefs office for disciplinary purposes, the
Officer has the right of FOP representation if he or she requests it.
12.3 The Department shall follow Rule 4 of the Rules and Procedures of the
Jeffersonville Police Merit Commission in all disciplinary matters. The
Parties acknowledge that it is not their intent and they do not consent to
expand the Merit Commission's statutory jurisdiction beyond that provided
by law.
12.4. The FOP may process a Grievance on any discipline not within the
exclusive jurisdiction of the Merit Commission. In addition, an affected
Officer, or the FOP on behalf of the affected Officer, may request a
hearing and/or process an appeal pursuant to IC 36-8-3.5 et seq.
12.5 Citizen Complaints.
A. A complaint taken from an individual alleging misconduct of an
officer must be signed and sworn to unless it alleges criminal activity. In
such a case it need not be signed and sworn to be investigated by the
Department.
B. If the complaint alleges a violation of Departmental rules, the
complaint must be signed and sworn to by the individual. If the individual
refuses to sign a sworn complaint, the Department may bring charges
against the Officer only if the Department can independently substantiate
the charges without the information contained in the unsworn complaint.
C. Nothing in this Article 12.5 shall prohibit the normal
communications between an officer and his/her supervisor regarding
complaints about matters not constituting a violation of Department rules or
statutory law.
D. Information from the complaining individual who refuses to sign or
swear to a complaint shall be forwarded to the Chief, together with
information on the individual's failure to sign or swear to a complaint, who
shall review it and forward it to the Internal Affairs Unit where it will be
kept on file.
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12.6 Investigations:
A. Although administrative investigations will ordinarily be conducted
by Internal Affairs, nothing herein shall preclude the Department from
conducting such investigations by use of personnel other than the Internal
Affairs.
B. The Department shall not subject Officers suspected of criminal or
administrative wrongdoing to threats, promises, or coercion; however,
either suspension with or without pay nor reassignment shall be deemed
coercion.
C. If an Officer is suspended pending completion of an investigation,
the Officer shall be informed of the reasons therefore no later than twenty-
four(24) hours after being so suspended.
D. (1) No Officer shall be interrogated on a departmental matter
concerning alleged misconduct on his or her part without having been
notified in writing of the nature of the alleged misconduct or revelations,
and only after having been given a reasonable period of time after receipt
of the notice to review it and other appropriate documents.
(2) No interrogation shall be conducted until the Officer has had
an adequate rest period following a shift of work.
(3) The Officer may be required to submit a written report of the
alleged incident if the request for a written report is made by
the Department no later than the end of the subject Officer's
next tour of duty after the tour of duty on which the
Department initially was made aware of the charges. An
Officer required to submit such a written report shall be
advised verbally and in writing of the nature of any alleged
misconduct or rule violations.
E. Upon the request of an Officer under investigation or his
representative, the Officer shall be provided a copy of the transcript (if one
has been made) of the tape recorded interview of the Officer and a copy of
the audio tape. The Officer shall provide Internal Affairs with an audio
tape at his expense.
F. An Officer under arrest, or likely to be arrested, or who is a suspect
in any criminal investigation, shall be afforded the same constitutional rights
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as accorded to any citizen, including but not limited to the right to remain
silent and the right to counsel, and shall be notified of those rights before
any questioning commences. However, nothing in the foregoing shall
prohibit suspension with or without pay or reassignment pending disposition
of the charges.
12.7 Disposition of Investigations and Allegations:
A. The Chief shall be the final decision-maker regarding disposition of
any completed administrative investigation of an Officer which shall be
subject to the grievance procedure. The Chief shall make his decision
within thirty (30) days after receiving the report and recommendations of
counsel; provided, however, that the Chief may extend that deadline by
providing the FOP a written explanation of the need for such extension.
B. Upon the Chief's disposition, the Officer or Officers investigated
shall be informed in writing of the Chief:s disposition, if the disposition is
the bringing of charges, then service of written notice of discipline in
compliance with this article shall constitute proper informing of the Officer.
C. (1) An administrative charge involving violation of any Department
rule or regulation shall be made in writing and with sufficient specificity to
fully inform the Officer of the nature and circumstances of the alleged
violation so that the Officer may be able to properly make a defense.
12.8 Public Statements:
A_ When an Officer is being investigated or has been charged by the
Department, neither the Department, the City, its representatives and
agents, the FOP and its representatives and agents, nor the charged Officer
and his or her representatives and agents shall make any public statements
concerning the validity of the facts surrounding the alleged violations, or
any statement that could affect the investigation or any subsequent hearing
until final disposition of the charges, or a mutual agreement between the
Department, the City, and the FOP.
B. The Department shall not require as a condition of continued
employment that an Officer speak or testify or be questioned by any non-
governmental party.
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ARTICLE THIRTEEN: PAY PERIOD
13.1 Officers shall be paid each month on the 10th and 25`h or the last working
business day prior to those days.
13.2 Officers shall receive 11241h of their base pay plus their longevity pay and
rank differential each pay period subject to Articles 20 and 28 of this
Agreement.
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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 comp time, vacation, sick time and holiday time shall be
counted as time worked for payroll overtime purposes, provided, however,
that nothing in this Section shall be construed to affect the Chiefs power
to approve or deny requests for vacation time.
14.2 Departmentally sanctioned overtime, and overtime for which the City is
reimbursed excluding overtime that requires special certification to qualify
for, 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 overtime, that Officer has an option to be paid 1'/2
overtime pay or receive compensatory time ("comp-time") at 1'/2 time.
Upon completion of overtime the Officer must inform the shift
commander of his or her decision on whether he or she wants monetary
compensation or compensation time.
14.4 An Officer may carry over from one calendar year to the next calendar
year a maximum of eighty-five (85) hours of banked comp-time. On the
first pay period after the end of a calendar year, the City shall pay each
Officer for all comp-time accrued in the Officer's comp-time bank that
exceeds the amount permitted to be carried over pursuant to this Article as
of the end of the calendar year.
14.5 Forced overtime shall be in four(4) hour shifts on a rotating basis from the
previous or upcoming Uniform Division Working Shift. The rotation for
forced overtime shall begin with the lowest seniority. No officer shall
work a second forced overtime shift until all officers working that day
have worked one (1) forced overtime shift.
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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.
20
dms.us.?344534R.01
ARTICLE SIXTEEN: BEREA VEMENT LEA VE
16.1 If there is a death in the immediate family of an Officer, the 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, step-child, foster child, mother/father, or any
individual acting in loco parentis, sister, brother, or grandchild, up
to five (5) working days off,
2. Spouse's mother, father, brother or sister (including half-brother or
sister), grandparent of the employee or spouse, aunt, uncle, niece
and nephew, up to three (3) days off,
16.2 The Chief shall have the authority to grant more days off than that set
forth above and shall also have the authority to grant time off for
funerals of individuals other than those listed above.
21
dMNAls.J344 348.01
ARTICLE SEVENTEEN: VACATION TIME
17.1 Vacation time accrues to all Officers based upon their total years of service
with the City, as follows:
After 1 year of service 10 days
2 years through 4 years of service 15 days
5 years through 9 years of service 20 days
10 years through 14 years of service 25 days
15 years through 19 years of service 27 days
More than 20 years of service 31 days
17.2 Up to ten (10) vacation days may be banked, provided, however that no
Officer shall be permitted to accumulate more than thirty (30) vacation
days. Any Officer with five(5)or more years of seniority must schedule at
least ten (10) days of vacation annually which shall be subject to usage
under the current practice and custom. Any vacation days accumulated over
ten (10) in any year, which are not taken, or over thirty (3 0) in multiple
years will be purchased from the Officer at his or her straight time rate
based upon an 8.5 hour work day. Upon retirement, any accumulated
vacation days shall be purchased at a straight time rate based upon an 8.5
hour work day. All banked vacation days shall be recorded and tracked by
the Human Resource Department.
17.3 An Officer may use his or her accumulated vacation days under the same
rules pertaining to taking annual vacation.
17.4 As used herein, a vacation"day" shall be equal to the hours of an Officer's
regularly scheduled shift.
17.5 Vacation time will be based on a calendar year (January 1 through
December 31). Vacation days may be requested for any day in the
calendar year.
17.6 By February 15th of each calendar year, each officer, notwithstanding
Article 17.2, may request up to two vacation weeks, with each request
having an alternate week. The vacation weeks will then be awarded based
on Seniority. After all officers have been awarded their first week, the
second week will be awarded based on Seniority. Notification shall be
given to each Officer of vacation approval no later than March 1St. After
March 1St, vacation will be first come, first served based upon availability.
Notice of approval of the requested time off will be made promptly. Except
in circumstances where an Officer has voluntarily chosen to move to another
shift/assignment after vacation days are approved, an Officer is guaranteed
the approved dates as time off pending a department emergency, declared
by the Chief prohibiting that day from being honored as a vacation day,
22
dms.us.53445348.01
provided, however, that all reasonable efforts shall be made to maintain the
approved vacation dates as time off for any Officer that voluntarily changes
his/her shift.
17.7 Officers may schedule half-shift vacation days based upon availability at
the time of the request. However, the Officer requesting the half-day shall
be required to utilize a full-day or not use the half-day if another Officer
requests a full day off.
23
dms.Lis.53445348,01
ARTICLE EIGHTEEN: SICK TIME
18.1 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.
18.2 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 sixty(60)days shall be purchased by the employer at a rate of
one (1) day for every one (1) day of accumulated sick time. This shall
be based on an eight and half(8.5) hour work day. Sick days are not
allowed to be converted to compensatory time.
18.3 Any employee absent from work for more than four (4) consecutive
days must have a doctors' excuse when(s)he returns to work.
18.4 Sick days and vacation days are not allowed to be taken consecutively
after announcing retirement or in a way to circumvent the requirement
for a doctor's excuse in Article 18.3.
18.5 Upon retirement an employee may sell back any accumulated sick days
at a rate of one day for every one (1) day of accumulated sick time at
their regular rate of pay, based upon an eight and half(8.5) hour work
day. Any sick days accrued prior to January 1, 2017 shall be sold back
pursuant to the prior contract, one (1) day for every two (2) days of
accumulated sick time.
18.6 It is understood that sick days of leave will be granted only for sickness
or injury to the Officer or an immediate family member, as defined as
spouse, children (foster and step), siblings, parents or any individual
acting as loco parenti.
24
dms.us.53445348.01
18.7 All efforts shall be made to schedule doctor's appointments for the
Officer's off day_ However, officers will be allowed to use a full or
half- sick day to attend necessary doctor's appointments that may arise
on a scheduled work day. Whenever possible, Officers must provide the
Department with no less than ten (10) days' notice of the impending
absence. For half-sick days the officer must show proof of the doctor's
visit.
Light Duty
18.8 If an Officer's medical condition will not permit the officer to perform
his or her normal police duties, the Officer shall be offered a light duty,
which includes administrative duties and training assignments by the
Chief, or his or her designee. Such assignment shall be within the
medical work restrictions identified by the Officer's physician. All light
duty shall be temporary pending the Officer's ability to return to normal
duties, but shall not exceed seventy (70) work days. but may be
terminated prior to seventy (70) days if, within the Officer's
physician's opinion, and within a reasonable medical certainty, the
Officer will not be able to return to normal duties in the foreseeable
future.
If, however, at the end of seventy (70) work days, the Officer is not
capable of performing his/her normal police duties but, in the Officer's
physician's opinion, the Officer will be able to return to normal duties
within a similar period, the light duty period may be extended for a
period not to exceed seventy (70) days. Thereafter, light duty may be
extended with the approval of the Chief of Police or his/her designee.
25
dmcus�144 S 1,18 01
ARTICLE NINETEEN: HOLIDAYS di HOLIDAY PAY
19.1 Officers shall receive a holiday for each of the holidays listed In the
Jeffersonville Employee Handbook.
19.2 The City shall pay the Officer a four-hundred dollar ($400) annual
holiday pay.
19.3 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 (ls`) pay period in November.
19.4 Holiday pay shall be paid to each officer on a separate check from the
regular pay check.
26
dim,tis.53445348.0l
ARTICLE TWENTY: LONGEVITYPAY
20.1 The City agrees that in addition to their normal salary, Officers receive
one percent (1%)of a First-Class Patrolman's pay for each year of service, up to a
maximum of twenty (20) years. Officers shall have the option to receive their
payment by one of the following options:
(a) Pay pro-rated each pay period.
(b) One-half of the annual longevity pay shall be paid on the first (P)
pay period in June and the remaining one-half shall be paid on the
first (1S`) pay period in November.
(c) Payment of the entire amount on the first (1') pay period in
November.
(d) Longevity pay shall be paid to each officer on a separate check from
the regular pay check
27
dns us 534453ati 0 1
ARTICLE TWENTY-ONE: HEAL TII INSURANCE
& OTHER BENEFITC
21.1 Health Benefits:
The City will provide each Officer with health insurance benefits
equivalent to the plan in effect as of January 1, 2013. 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 Officers will be $100 single and $200 family. The co-pay
is $20 and the plan deductible is $250/500.
Any Officer enrolled in the high-deductible health care plan shall
receive an annual payment into their health savings account on the first
(1St) pay period in January. The amount shall be $700 for single
coverage and $1,000 for family coverage.
21.2 Death Benefit:
Should any Officer die for any reason prior to retirement, then such
Officer's spouse and/or children shall be permitted to maintain the
health insurance otherwise provided to Officers by remitting the same
premium amount otherwise charged to the Officer. This benefit shall
remain in full force and effect until the Officer would have, but for his
death, reached age sixty-five (65).
21.3 Joint Labor-Management Health Insurance Committee
(a) The Parties acknowledge that health care costs and claims are
volatile and health insurance regulations are in flux. As a result, the
City reserves the right to renegotiate plan deductibles, employee
contributions and other matters related to the provision of health
insurance.
(b) The Parties acknowledge it is in their mutual interests to work
together and with other affected parties regarding health insurance
planning and plan revision. Therefore, the Parties agree to participate
actively in a Joint Labor Management Health Insurance Committee
(the"Health Insurance Committee").
(c) The Committee shall be composed of eight (8) members as
follows: two(2) members of the City administration appointed by the
Mayor; two (2) members appointed by the City Council; two (2)
members representing City bargaining units, with one appointment to
GO
dms ws i 1445 1-I8 01
be made by the FOP and one appointment to be made by I.A.F.F. Local
558 (provided it is a signatory to a labor agreement with substantially
similar terms regarding the Committee, with the FOP having both
appointments in the absence of such proviso being satisfied); and two
(2) City employees representing non-bargaining unit employees
appointed jointly by the Mayor and the City Council. The Committee
shall appoint a Chair of the Committee from among its members.
(d) The Committee shall meet at such times and undertake such
health insurance review and planning as the Chair directs. Meetings
and other official action shall be timed to permit the potential for
recommendations to be made for plan revision for a succeeding City
budget year. Each member, including the chair, shall have one vote.
Five Committee members shall constitute a quorum for meeting and
taking official action. A member may appoint a proxy for all official
action with notice to the Chair.
(e) The Committee shall make such recommendations regarding health
insurance plan, policy and program revision as it deems appropriate and
submit such recommendations to the Mayor, the City Council, and the
representatives of the bargaining units.
(t) Any changes sought to be implemented by the City shall be agreed upon
by both Parties to this Agreement before being applied to members of
the FOP bargaining unit.
21.4 Dental Benefits:
The City will provide each Officer with dental insurance benefits
equivalent to the plans in effect on the date of the signing of this
contract. Officers must each contribute monthly to the total cost of
dental insurance premiums in accordance with the following schedule:
Coverage Type Officer Contribution
Single Coverage -0-
Officer plus one coverage $10.00
Family Coverage $20.00
21.5 Vision Benefits:
The City will provide each 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 Officers and
their families.
air,,it,.;3-445 34S.0 i
21.6 Life Insurance:
The City will provide each 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.
21.7 Pension and Retirement Plan:
The City will continue to pay annually 3% of the Officer's PERF
contribution per person. The City will be open to consider other plans or
options as presented by the FOP.
The City will match up to .5%(one-half percent) for every 1%(one percent)
percent, up to 6% (six percent), of pension base to any Police Officer
participating in the City provided 457 plan. The City shall make such
matching payments on each regularly scheduled pay day. The maximum
contribution by the City will be 3% (three percent) of the Officer's pension
base with the contribution being made on a per pay check basis.
This provision is based solely upon the State of Indiana's notification that
the City's required contribution to INPRS shall be reduced during calendar
year 2017. If INPRS determines that the City's contribution to retirement
shall be increased above the 2017 rate this provision of the contract shall
terminate.
30
dms us i344i348 0!
ARTICLE TWENTY-TWO: RETIREE INSURANCE
22.1 Commencing on January 1, 2014, until a retired Officer (notwithstanding
the reason for such retirement) or the surviving spouse is eligible for
Medicare coverage, the City shall pay a retired Officer or Officer's
surviving spouse's City insurance premium on the same terms as an active
Officer under Article 20 if the retired Officer or surviving spouse elects
family or single coverage benefits, provided (1)that such retired Officer or
surviving spouse was enrolled in the City's health insurance plan as of
January 1, 2013, and (2) that such retired Officer or surviving spouse is
current on its premium contribution obligations under the terms of this
Agreement and any predecessor agreements subject to Article 22.2.
22.2 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.
22.3 The spouse of a retired Officer which Officer is age-eligible for Medicare
coverage may continue coverage under the City's health insurance program,
if enrolled at the time of the retiree's Medicare eligibility, for a period not
to exceed two (2) years or until the spouse becomes Medicare eligible,
whichever shall first occur.
31
dmsus i344i 348(1 S
ARTICLE TWENTY-THREE: ASSIGNMENT OFRANK
& FILLING VACANCIES
23.1 The City of Jeffersonville will maintain at least the minimum number
of ranking Officers listed below:
5 Captains
6 Lieutenants
6 Sergeants
9 Corporals
23.2 The City reserves the right to add rank as department needs arise.
23.3 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 cannot be filled within the thirty (30)
days 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.
23.4 The City will keep available three (3) Division Commanders and four (4)
Shift Commander positions. The rank of the Shift Commander positions and
appointments will be determined by the Chief of Police.
23.5 The Jeffersonville Police Department shall have the following rank structure
for the Patrol Division. Rank Positions shall be filled by Officer's choice
based on seniority. Officers choosing shifts will fill their chosen spot until
a position is made available through the rank vacancies listed below or
he/she is assigned to an administrative position. The Chief of Police must
approve any shift changes.
Shift Ranks are as follows:
Each Shift shall contain at least the following rank:
One (1) Lieutenant
One (1) Sergeant
Two (2) Corporals
Ranking Officers may fill the position of a lower ranking Officer if
mandatory positions are filled on all shifts.
When a ranking position becomes available on any shift, the ranking
position is for the shift the vacancy occurs on. The vacant position will be
offered to the Officers currently holding the same rank first.
32
dms.us.53445348.0 t
Shift assignment for non-ranking Officer shall be made in seniority order
and in accordance with their identified shift preference.
23.6 Any Officer holding permanent rank above the numbers listed shall
maintain that rank until promoted or demoted through the Merit
Commission process.
23.7 Any Officer that was 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.
33
dms.us.53445348.01
ARTICLE TWENTY-FOUR: CERTIFICATION PAY
24.1 An Officer receives three hundred dollars ($300.00) per year for
Breathalyzer certification.
24.2 One-half of the annual certification pay shall be paid on the first pay
period in June and the other half shall be paid on the first pay period in
November.
24.3 Field Training Officers shall be paid a $1,000 stipend. This stipend
shall be paid upon completion of one(1)year serving as a Field Training
Officer. No more than seven (7) officers can be designated as a Field
Training Officer at any given time.
24.4 Certification pay shall be paid on a separate check from the regular pay
check.
34
dnis us.?344>34&01
ARTICLE TWENTY-FIVE: EQUIPMENT AI LOWANCE
25.1 The City will provide all uniforms and equipment during an employee's
probationary year.
25.2 Commencing January 1, 2017 Officers shall receive one-thousand six
hundred dollars ($1,600.00 annually for equipment allowance.
25.3 One-half of the annual equipment allowance shall be paid on the first
pay period in June and the other half shall be paid on the first (1St) pay
period in November.
25.4 Equipment allowance pay shall be on a separate check from regular pay.
25.5 The City will provide employees with the first issue of any required
change to the current uniform.
25.6 The Chief of Police or the authorized designee shall determine the
uniform to be worn by each department member and any authorized
deviations. Any Officer in the uniform divisions shall be permitted to
wear uniforms designated as either Class "A" or Class "B" on a daily
basis provided, however, that the Chief shall have the authority to
designate the dates and/or circumstances which each particular uniform
must be worn.
�5
dm..u,,;3445348,01
ARTICLE TWENTY-SIX: SPECIALTYPAY
26.1 An Officer who is accepted on the SWAT or K9 teams shall receive no
less than one thousand dollars ($1,000.00) per year.
26.2 The Commander of the SWAT and K9 teams respectively will receive
seven-hundred fifty dollars ($750.00) more than a regular team
member.
26.3 One-half of the annual Specialty pay shall be paid on the first (1") pay
period in June and the other half shall be paid on the first (1st) pay
period in November.
26.4 Specialty pay shall be paid on a separate check from the regular pay
check.
26.5 Detectives are required to be on-call on a rotating schedule decided by
the Chief. Detectives are required to be available at all hours of the day.
Detectives shall receive $75 per day on weekends and on City
designated holidays on which they are assigned on-call duty and regular
overtime rates of pay when they are called out for investigations while
they are assigned to on-call duty which shall be paid to the Detectives
in the accordance with Article 13.
26.6 Detectives are appointed "at-will" of the Chief. Detectives can be
relieved of their duty at the will of the Chief.
36
dim us i34-15348_M
ARTICLE TWENTY-SEVEN: WAGES
27.1 Newly hired employees shall be paid a Probationary salary, fifteen percent
(15%) less than the Patrolman First Class pay for the first year of
employment, ten percent (10%) less than the Patrolman First Class pay for
the second year of employment, and five (5%) less than the Patrolman First
Class pay for the third year of their employment.
27.2 A newly hired employee that has attended the Indiana Law Enforcement
Academy and/or is a certified 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 Officer for a period of
one year from date of hire.
27.3 The following percentage increases will be implemented for the base pay for
all officer classifications during the calendar year as indicated:
2017 2.1%
2018 3.0%
2019 3.0%
2020 3.0%
27.4 Effective January 1, 2017, any Officer whose regularly assigned shift is the
second shift, currently 2:00 p.m. until 10:30 p.m., shall receive a shift
differential, in addition to their regular salary, of three.five (3.5%) percent,
calculated on the Officer's base pay only. This shift differential shall not
include payment to any Officer whose regularly assigned shift is the first shift
and who works any hours on the second shift.
27.5 Effective January 1, 2017, any Officer whose regularly assigned shift is the
third shift, currently 9:30 p.m. until 6:00 a.m., shall receive a shift
differential, in addition to their regular salary, of two.five (2.5%) percent,
calculated on the Officer's base pay only. This shift differential shall not be
paid to an Officer whose regularly assigned shift is the first shift and who
works any hours on the third shift.
27.6 The shift differential shall be paid at the same time as specialty pay as set
forth in Article 26.
37
dm�us i3A.4 1348 01
ARTICLE TWENTY-EIGHT: RANK DIFFERENTIAL
28.1 Commencing January 1, 2017, A Senior Patrolman shall receive no less than
two (2%) percent more than a Patrolman First Class. A Corporal shall
receive no less than five(5%) percent more than a Patrolman First Class. A
Sergeant shall receive no less than ten(10%)percent more than a Patrolman
First Class. A Lieutenant shall receive no less than fifteen (15%) percent
more than a Patrolman First Class. A Captain shall receive no less than
twenty (20%) percent more than a Patrolman First Class. A Division
Commander and a Shift Commander shall receive no less that twenty-five
(25%) percent than a Patrolman First Class. A permanent Major (or an
Officer who had previously held the rank of permanent Major) shall receive
no less than thirty (30%) percent more than a Patrolman First Class. This
compensation is based solely on rank and shall be in existence for the life of
this Agreement.
Commencing January 1, 2018, a Senior Patrolman shall receive three (3%)
percent more than a Patrolman First Class. A Corporal shall receive no less
than six (6%) percent more than a Patrolman First Class. A Sergeant shall
receive no less than eleven point zero (11.0%) percent more than a
Patrolman First Class. A Lieutenant shall receive no less than sixteen point
zero (16.0%) percent more than a Patrolman First Class. A Captain shall
receive no less than twenty-one (21%) percent more than a Patrolman First
Class. A Division Commander and a Shift Commander shall receive no less
than twenty-six (26%) more than a Patrolman First Class.
Commencing January 1, 2019, a Senior Patrolman shall receive three point
five (3.5%) percent more than a Patrolman First Class. A Corporal shall
receive no less than six point five (6.5%) percent more than a Patrolman
First Class. A Sergeant shall receive no less than eleven point five (11.5°/x)
percent more than a Patrolman First Class. A Lieutenant shall receive no
less than sixteen point five (16.5%) percent more than a Patrolman First
Class. A Captain shall receive no less than twenty-one point five (21.5%)
percent more than a Patrolman First Class. A Division Commander and a
Shift Commander shall receive no less than twenty-six point five (26.5%)
percent more than a Patrolman First Class.
Commencing January 1, 2020, a Senior Patrolman shall receive four percent
(4%) more than a Patrolman First Class. A Corporal shall receive no less
than seven percent (7%)more than a Patrolman First Class. A Sergeant shall
receive no less than twelve percent(12%)more than a Patrolman First Class.
A Lieutenant shall receive no less than seventeen percent (17%) more than
a Patrolman First Class. A Captain shall receive no less than twenty-two
percent (22%) more than a Patrolman First Class. A Division Commander
and a Shift Commander shall receive no less than twenty-seven percent
(27%) percent more than a Patrolman First Class.
38
dins its X344_48 01
28.2 If a rank of permanent Major is added to the department (after January 1,
2013), the Major shall receive no less that that paid to a Division
Commander or Shift Commander.
28.3 A Senior Patrolman is reached when a patrolman has reached ten(10) years
of service with the Jeffersonville Police Department.
39
dins,LIS.5344i348,01
ARTICLE TWENTY-NINE: DRUG TESTING POLICY
29.1 The City prohibits any City employee from possessing, using, being under
the influence of, manufacturing, distributing, or dispensing alcohol or non-
prescribed controlled substances during working hours and at all times
while on City property, in City vehicles, or while conducting City
business.
29.2 The City maintains drug and alcohol policies and testing procedures that
are described in the City of Jeffersonville Policy and Procedure Manual
and in the City's written Drug and Alcohol Policy. The City's drug and
alcohol policies govern pre-employment testing, post-incident testing,
suspicion-based testing, and random testing.
29.3 The City and FOP acknowledge and agree that the City's drug and alcohol
policies as provided in City of Jeffersonville Policy and Procedure Manual
and in the City's written Drug and Alcohol Policy shall apply to Officers
throughout the term of this Agreement. Those policies shall apply
throughout the term of this Agreement as the policies are described at the
commencement of the Agreement, provided, however, that the City
reserves the right to make reasonable changes to the policies during the
term of the Agreement. The City shall provide to the FOP ten (10) days
written notice regarding any proposed change to the policies. The FOP
shall, within that 10-day period, provide to the City any objection to a
proposed change to the policies. The FOP reserves the right to grieve the
implementation of any such change to the policies. In the event a
Grievance is filed, the Parties shall maintain the status quo ante until there
is a final resolution of the Grievance under Article 11.
40
d w,«,X344,348 0 1
ARTICLE THIRTY: PERSONNEL FILES
30.1 The City must maintain each Officer's official personnel file in the Human
Resources Department. The City shall maintain the file and permit access
to it according to the terms of the City's Policy and Procedures Manual
and Indiana law.
41
dnis.us 53445348.01
ARTICLE THIRTY-ONE: FITNESS STANDARD
31.1 The fitness testing and standards of December 2013, established and
agreed to by and between the Chief and the FOP, and attested to by the
City Council Negotiating Team, shall remain in full force and effect
throughout the life of this Agreement without any changes, alterations,
deletions, or modifications absent the agreement of both the FOP and the
Chief with notice to the City Council, provided that any agreement that
would have the effect of eliminating fitness testing and standards shall be
subject to approval by the City Council.
42
ilros.u�5344534$.0 L
ARTICLE THIRTY-TWO: SA VINGS CLA USE
32.1 Should any article, section or portion of this Agreement be held
unlawful and unenforceable in a final decision by any court of
competent jurisdiction, it is the Parties' intent that such decision of the
court shall apply only to the specific article, section or portion held
unlawful and unenforceable and shall not invalidate the remaining
portions of this Agreement.
43
ARTICLE THIRTY-THREE: EFFECTIVE,HATE, DURATION&
RGNA TURES
33.1 This Agreement and its provisions shall become retroactively effective
January 1, 2017, upon its proper adoption by the persons listed below, and
will continue in full force and effect until December 31, 2020, unless
specifically stated differently in any individual Article.
In Witness Whe eof, the parties have hereunto set their hands and seals this o2/
day of MP, 2017.
Jeffersonville Fraternal Order of The City o Je a sonville
Police Lodge#100
Ja o Jacks n President Mike Moo e, Mayor
7hlis Martin, is ent Lisa Gill, City Council President and
City Cou ' Negotiati g Team
Keith ody, FOP Negotiating Sco aples, City uncil
Team Ne g ating Team
1
Mike Smith, FOP Negotiating Dustin White, City Council
Team Negotiating Team
i'.'e
"�/ 4,/L,(
— // A--,—
Aaron Olson Negotiating Scott Hawkins, City Council
Team Negotiating Team
Greg e' ed, FOP Ne ' ting
Team
Toby Deaton, FOP Negotiating Team
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