HomeMy WebLinkAboutAmended Contract Agreement RESOLUTION NO. 2024-R 7
APPROVING AND RECOMMENDING THE MAYOR SIGN THE
AMENDED CONTRACT AGREEMENT BETWEEN THE CITY OF
JEFFERSONVILLE AND THE JEFFERSONVILLE ORDER OF POLICE
LODGE #100
WHEREAS,the City of Jeffersonville(hereinafter"City") acknowledged and accepted
the Jeffersonville Order of Police Lodge#100 as the Jeffersonville City Police (hereinafter
"Police")memberships bargaining unit.
WHEREAS, the Police and the City have negotiated multiple multi year contracts over
the past several decades.
WHEREAS,the City and the Police negotiated the most recent contract that became
effective on July 1,2021 and expires on December 31,2024.
WHEREAS,the Police and the Police leadership have expressed that circumstances
outside the control of both parties arose during the tenure of the contract that made the original
agreement unreasonable .
WHEREAS,the Executive Branch(hereinafter"Mayor")has the exclusive statutory right
and duty to enter into contracts on behalf of the city. The Legislative Branch(hereinafter
"Council")has the statutory duty to oversee the finances of the City and enact legislation which
is in the best interest of the City and its finances.
WHEREAS, traditionally the Council has negotiated with the Police to develop a
proposed contract for the consideration of the Executive.
WHEREAS, upon the expression of the Police that the present contract between the
parties had become untenable under the circumstances the parties agreed that the Council should
and could engage in negotiations to amend the existing agreement.
WHEREAS,the Council and the Police engaged in meaningful negotiations and have
reached an amendment that each believe provides the necessary financial relief that the Police
and its membership need in order to insure that the Police remain effective and efficient.
Moreover, the Council believes that the proposed amendment will provide the Police with the
tools to continue to provide competitive compensation which will allow the Police to attract
sufficient candidates to fully empower the Department for the safety of the Citizens of
Jeffersonville.
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WHEREAS,the Council and the Police acknowledge and understand that this amended
contract shall expire on December 31, 2024 and that the provisions and amendments shall also
expire at that time subject to the execution of a new agreement.
NOW,THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE CITY
COUNCIL,JEFFERSONVILLE, CLARK COUNTY, INDIANA:
1. It is important for the City to have a fully staffed and trained Police Department for
the purpose of protecting and serving the citizens of the City.
2. The Council is the fiscal body of the City.
3. The Council participated in the negotiations of the present contract and recommended
and endorsed the execution of the present contract by the Mayor.
4. The Police expressed the need for an amendment to the existing contract to allow the
Police to remain competitive in the Law Enforcement market and to provide the
Police and the City the necessary tools to attract Law Enforcement Professionals to
protect and serve Jeffersonville.
5. The Jeffersonville City Council has heard the needs of the Police and reviewed the
finances of the City and has negotiated an amendment to the original contract which
the Council believes is fair,reasonable and financial feasible. (See Exhibit"A").
6. The Jeffersonville City Council submits this amended agreement to the Mayor with
the request that the Mayor execute the contract and bind the City to this amendment
through the duration of the existing contract and until that time that the parties
negotiate a replacement agreement.
Adopted by the Jeffersonville City Council, Jeffersonville, Indiana this 20th day May,
2024.
DUSTIN WHITE, President
ATTEST:
LISA GILL, CLERK OF CITY OF JEFFERSONVILLE
CLARK COUNTY, INDIANA
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2023-R-1_
Common Council for the City of Jeffersonville, Clark County, Indiana
VOTED FOR: VOTED AGAINST:
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PASSED AND RESOLVED by the Common Council of the City of Jeffersonville, Clark County,
Indiana upon this day of , 2023.
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Dustin White, Council President
ATTEST:
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isa Gill, Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville on this c2/ day of
I3a17, 2023.
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Approved and signed by me on this day ofiferly,2024. ,
Mike Moore, Mayor
AGREEMENT BETWEEN
City of Jeffersonville
And
Jeffersonville Fraternal Order of Police Lodge#100
Effective
July 1, 2021 through December 31, 2024
TABLE OF CONTENTS
AGREEMENT 1
Article One: RECOGNITION 2
Article Two: TERM OF AGREEMENT 3
Article Three: MANAGEMENT PEROGATIVES 4
Article Four: NON-DISCRIMINATION 5
Article Five: DEDUCTION OF DUES ..6
Article Six: HOURS OF EMPLOYMENT 7
Article Seven: MEAL PERIODS ..9
Article Eight: FOP BUSINESS 10
Article Nine: SENIORITY RIGHTS ...12
Article Ten: RULES & REGULATIONS ..13
Article Eleven: GRIEVANCE PROCEDURES 14
Article Twelve: DISCIPLINE 16
Article Thirteen: PAY PERIOD 19
Article Fourteen: OVERTIME COMPENSATION ..20
Article Fifteen: RETIREE BENEFITS, 1925 FUND ..21
Article Sixteen: BEREAVEMENT LEAVE 22
Article Seventeen: VACATION TIME 23
Article Eighteen: SICK TIME .25
Article Nineteen: HOLIDAYS & HOLIDAY PAY 27
Article Twenty: LONGEVITY PAY .28
Article Twenty-One: HEALTH INSURANCE & OTHER BENEFITS 29
Article Twenty-Two: RETIREE INSURANCE 32
Article Twenty-Three: ASSIGNMENT OF RANK AND FILLING VACANCIES 33
Article Twenty-Four: CERTIFICATION PAY .35
Article Twenty-Five: EQUIPMENT ALLOWANCE 36
Article Twenty-Six: SPECIALTY PAY 37
Article Twenty-Seven: WAGES 38
Article Twenty-Eight: RANK DIFFERENTIAL 40
Article Twenty-Nine: DRUG TESTING POLICY 41
Article Thirty: PERSONNEL FILES .42
Article Thirty-One: FITNESS STANDARD 43
Article Thirty-Two: ,SAVINGS CLAUSF 44
Article Thirty-Three: EFFECTIVE DATE. DURATION. & SIGNATURES 45
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: TERM OF AGREEMENT
2.1 This Agreement is effective from July 1, 2021, through December 31, 2024.
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: MANAGEMENT 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
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.;
(f) 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.
(j) 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 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 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 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 EMPLOYMENT
6.1 The Uniform Division will work an eight and a half(8.5) hour work day with five
(5) days-on and three (3) days-off rotation.
6.2 As of July 1, 2024 the Uniform Division will work an eight and a half(8.5) hour
work day with five (5) days-on and four(4) days-off rotation.
6.3 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.—6:00 a.m.
Non-Uniform Divisions shall work with a flexible schedule as established by the
Chief of Police. As of July 1, 2024 this shall include a four(4)weekday days-on
schedule with three (3) days-off.
As of July 1, 2024 any officer assigned to a School Resource Officer position shall agree
to have the fifth consecutive work day in a calendar week banked at a rate of 1:1 to be
used during scheduled school breaks or days where students are out of school. These days
shall be guaranteed and not subject to shift minimums. There shall be no buyout for
unused banked SRO days.
6.4 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.
6.5 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 1st of the
following calendar year.
6.6 Thirty (30) day notice shall be given for individual Officer's schedule changes.
6.7 This article shall not affect temporary emergency shift changes set by the Chief of
Police for emergency situations.
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ARTICLE SEVEN: MEAL PERIOD
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 activities 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, PTO, 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 FOP.
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C. A maximum of five (5) members of the FOP Collective Bargaining
Committee shall be granted additional time off, without loss of pay, 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. If any qualifying FOP event is more than Two Hundred and
Fifty Miles from Jeffersonville, those members attending shall be
granted one (1) additional day for total travel time for a total of two (2)
total travel days.
ARTICLE NINE: SENIORITY RIGHTS
9.1 If the City must institute a reduction of workforce, 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. 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 that shares the same hire date with another
officer, shall be determined by rank order of the Police Merit Commission hiring
list.
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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
change 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 SOP's
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
Regulation and SOP's 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 decision. The FOP shall
make itself available to discuss the Grievance with the Chief.
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STEP #5: 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 the 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 Chief's 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
1/3rd by the FOP and 2/3rdsby 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 the
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 IC 36-8-2.1 and 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 Department 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. All investigations including citizen complaints, shall strictly follow IC
36-8-2.1
B. 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.
C. 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.
D. 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.
E. (1) No Officer shall be interrogated on a departmental matter concerning
alleged misconduct on his or her part without having being notified in writing of
the nature of the alleged misconduct or revelations, and only after having been
given a reasonable period of time after the 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.
F. Upon the request of an Officer under investigation or his representative,
The Officer shall be provided a copy of the transcript of the tape recorded
interview of the Officer and a copy of the audio tape.
G. 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 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.
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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 the 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. 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 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 25th or the last working business
day prior to those days.
13.2 Officers shall receive 1/24t of their base pay plus their longevity and 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 compensatory time.
14.4 An officer may carry over from one calendar year to the next calendar year a
maximum of eight-five (85) hours of banked comp-time. On the second pay
period after the end of a calendar year, the City shall pay each Officer for all
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. 1977 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.
15.2 Officers in the 1977 Fund shall be eligible to receive any and all benefits
associated with retirees in this agreement when the officer has satisfied the
retirement qualifications set forth in the 1977 Fund.
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ARTICLE SIXTEEN: BEREAVEMENT LEAVE
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.
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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
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 (30) 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 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 1'. After March ls`, 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
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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, 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.
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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 the 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 five (5) 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 sixty (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 one 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 he/she 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 (1) day for every one (1) day of accumulated sick time at their regular rate of
pay, based upon an eight and one half(8.5) hour work day.
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.
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.
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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.
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ARTICLE NINETEEN: HOLIDAYS. HOLIDAY PAY& PTO DAYS
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 (1st) pay period in
June and the other shall be paid on the first(1 SL)pay period in November.
19.4 Holiday pay shall be paid to each officer on a separate check from the regular pay
check.
19.5 Each Officer shall earn five (5) Paid Time Off Days ("PTO days") on January 1St
of each year. A PTO day may only be utilized on days when its usage would not
create a shift shortage. PTO days may not be accumulated or banked from year to
year. Any PTO day not utilized by an officer in the calendar year (January 1st
through December 31 S`)they are earned, shall be forfeited.
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ARTICLE TWENTY: LONGEVITY PAY
20.1 The City agrees that in addition to their normal salary, Officers receive one point
two percent (1.2%) of a First-Class Patrolman's pay for each year of service, up to
a maximum of twenty (20) years. As of July 1, 2024 Officers will receive one
point five percent (1.5%) of First-Class Patrolman's pay for each year of service,
up to a maximum of twenty-five (25) 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 (1st)
pay period in June and the remaining one-half shall be paid on the
first(Pt)pay period in November.
(c) Payment of the entire amount on the first (15t) pay period in
November.
20.2 Longevity shall be paid to each Officer on a separate check from their regular pay
check.
20.3 As of July 1, 2024, any Officer hired as an experienced Officer satisfying the
requirements of Article 27.2 of this agreement shall, after four(4)years of service
with the City of Jeffersonville, have their previous certified years of service
credited towards their longevity years, not to exceed the maximum twenty-five
(25)years of longevity pay.
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ARTICLE TWENTY-ONE: HEALTH INSURANCE& OTHER BENEFITS
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 (1') pay period in
January.
The payment amount shall cover all deductible costs less $800 for an individual
plan or$2000 for the family plan.
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 otherwise charged
to the Officer. This benefit shall remain in full force and effect until the Officer
would have, but for his or her 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 comprised 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 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
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substantially similar terms regarding the Committee, with the FOP having both
appointments in the absence of such proviso being satisfied); and (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 a 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.
(f) 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 -SO-
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
plans in effect on the date of the signing of this contract. The City will pay the
cost of vision insurance benefits for Officers and their families.
21.6 Life Insurance:
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The City will provide each Officer with term life insurance with a death benefit of
at least $50,000 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), 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 paycheck basis.
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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.
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ARTICLE TWENTY-THREE: ASSIGNMENT OF RANK& FILLING
VACANCIES
23.1 The City of Jeffersonville will maintain at least the minimum number of merited
ranking Officers listed below:
4 Captains
4 Lieutenants
6 Sergeants
14 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
promotion 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.
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Shift assignment for non-ranking Officer shall be made in seniority order 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 holding an appointed rank shall not have their merited or appointed
rank count toward satisfying the minimum rank numbers listed in section 23.1.
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ARTICLE TWENTY-FOUR: CERTIFICATION PAY
24.1 An Officer receives three hundred dollars ($300) per year of 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 Certification pay shall be paid on a separate check from the regular pay check.
35
ARTICLE TWENTY-FIVE: EQUIPMENT ALLOWANCE
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) annually for equipment allowance.
25.3 One-half of the annual equipment allowance shall be paid on the first (1") pay
period in June and the other half shall be paid on the first (1") 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 division 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.
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ARTICLE TWENTY-SIX: SPECIALTY PAY
26.1 An Officer who is accepted on the SWAT or K9 teams shall receive no less than
one thousand dollars ($1,000)per year.
26.2 The Commander of the SWAT and K9 teams respectively will receive
seven-hundred and 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 S`) pay period in
June and the other half shall be paid on the first(1 Sf)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 seventy-five dollars ($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 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.
26.7 Field Training Officers shall be paid a$1,000 stipend per year.
37
ARTICLE TWENTY-SEVEN: WAGES
27.1 Newly hired employees shall be paid a Probationary salary five percent (5%) less
than the Patrolman Salary for the first 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 or any other state whose
training and certification is recognized by the Indiana Law Enforcement Training
Board as equivalent to that of an Indiana Certified Police Officer prior to being
hired on the Jeffersonville Police Department shall receive the Patrolman Salary,
but will remain a probationary Officer for a period of one year from the date of
hire.
27.3 Patrolman Salary as of January 1, 2021 will be $54,647.61.
27.4 Patrolman Salary as of January 1, 2022 will be increased 3 percent (3%) to
$56,287.04.
27.5 Patrolman Salary as of January 1, 2023 will be increased 3 percent (3%) to
$57,975.65.
27.6 Patrolman Salary as of January 1, 2024 will be increased 3 percent (3%) to
$59,714.92.
27.7 Patrolman Salary as of July 1, 2024 will be $66,000.
27.8 All officers who are a current employee on July 1, 2021 shall receive a one time
stipend in the amount of$1,000 within one month of this contract being in effect.
This stipend shall be paid on a separate check from the regular pay check. This
stipend applies only in 2021, unless in subsequent years of this agreement all city
employees receive a payment of this type, in which case all officers employed at
that time would receive that stipend as well.
27.9 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 and one half percent(3.5%), calculated on
the Patrolman Salary 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.
27.10 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 and one half percent (2.5%), calculated on
38
the Patrolman Salary 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 third shift.
27.11 The shift differential shall be paid at the same time as specialty pay as set forth in
Article 26.
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ARTICLE TWENTY-EIGHT: RANK DIFFERENTIAL
28.1 Commencing July 1, 2021, A First Class Patrolman shall receive no less than four
percent (4%) more than Patrolman Salary. A Corporal shall receive no less than
seven percent (7%) more than Patrolman Salary. A Sergeant shall receive no less
than twelve percent(12%) more than Patrolman Salary. A Lieutenant shall receive
no less than seventeen percent(17%) more than Patrolman Salary. A Captain shall
receive no less than twenty-two percent (22%) more than Patrolman Salary. A
Shift Commander shall receive no less than twenty-seven percent(27%) more than
Patrolman Salary. A District Commander shall receive no less than thirty percent
(30%) more than Patrolman Salary. A Chief of Detectives shall receive no less
than thirty-two percent (32%) more than a Patrolman Salary. A Division
Commander shall receive no less than thirty-seven percent (37%) more than
Patrolman Salary.
28.2 If a rank of permanent Major is added to the department(after January 1, 2013),
the Major shall receive no less than that paid to a Division Commander or Shift
Commander.
28.3 A First Class Patrolman is reached when a patrolman has reached ten (10) years of
service with the Jeffersonville Police Department.
40
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. 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.
41
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.
42
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 what would have the effect of eliminating fitness testing and
standards shall be subject to approval by the City Council.
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ARTICLE THIRTY-TWO: SAVINGS CLAUSE
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.
44
ARTICLE THIRTY-THREE: EFFECTIVE DATE. DURATION. &
SIGNATURES
33.1 This Agreement and its provisions shall become effective on January 1, 2021,
upon its proper adoption by the persons listed below, and will continue in full
force and effect until December 31, 2024, unless specifically stated differently in
any individual Article.
In Witness Whereof, the Parties have hereunto set their hands and seals this
2O1. day of Mat) , 2024.
Jeffersonville Fraternal Order of The City of Jeff rsonville
Police Lodge#100
—47 I,/..
I) 0.4........, .
Anthony Stewart, President Mike Moore, Mayor
77thD
Craig J n,Vice-President Dustin,White,City Cou it President
,:---- ,G.d.11W/C.,2
Aaron 0 so ,FOP Negotiating Team Scott Haw ins,Ci Council Vice-President
Darin Broady, FOP N`_oti.ting Team Amy Semonefs, i Council Negotiating Team
K lie
Kasey Cunnin OP Negotiating Team Ja y Sn ling,City Cou 11 Negotiating Team
L v. es, FOP Negotiating Team
J n Ja son, FOP Negotiating Team
ge ove, FOP Negotiating Team
ir•nathan Herring, OP Negotiating Team
onathan Happel, FOP egotiating Team
45