HomeMy WebLinkAbout2024-R-08 Resolution Approving and Reccommending the Mayor Sign the Amended Agreement Between the City & Jeffersonville Professional Firefighters RESOLUTION NO. 2024-1- g'
APPROVING AND RECOMMENDING THE MAYOR SIGN THE
AMENDED CONTRACT AGREEMENT BETWEEN THE CITY AND THE
JEFFERSONVILLE PROFESSIONAL FIREFIGHTERS
WHEREAS,the City of Jeffersonville(hereinafter"City")acknowledged and accepted
the Jeffersonville Professional Firefighters as the Firefighters' (hereinafter"Firefighters")
memberships' bargaining unit.
WHEREAS,the Firefighters and the City have negotiated multiple multi year contracts
over the past several decades.
WHEREAS,the City and the Firefighters negotiated the most recent contract that became
effective on July 1, 2021 and expires on December 31, 2024.
WHEREAS,the Firefighters and the Firefighters 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 Firefighters to develop a
proposed contract for the consideration of the Executive.
WHEREAS, upon the expression of the Firefighters 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 Firefighters engaged in meaningful negotiations and
have reached an amendment that each believe provides the necessary financial relief that the
Firefighters and its membership need in order to ensure that the Firefighters remain effective and
efficient. Moreover,the Council believes that the proposed amendment will provide the
Firefighters with the tools to continue to provide competitive compensation which will allow the
Firefighters to attract sufficient candidates to fully empower the Department for the safety of the
Citizens of Jeffersonville.
WHEREAS,the Council and the Firefighters 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.
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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 Fire 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 Firefighters expressed the need for an amendment to the existing contract to
allow the Firefighters to remain competitive in the market and to provide the Fire
Depatment and the City the necessary tools to attract Firefighters to protect and serve
Jeffersonville.
5. The Jeffersonville City Council has heard the needs of the Professional Firefighters
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 /7 day of
S�n� ,2024.
DUSTIN WHITE, President
ATTEST:
LISA GIL , CLERK OF CITY OF JEFFERSONVILLE
CLARK COUNTY, INDIANA
2
2023-R- 1'
Common Council for the City of Jeffersonville, Clark County, Indiana
VOTED FOR: VOTED AGAINST:
4(4— di/4-c--J-
Dittt.
PASSED AND RESOLVED by the Common Council of the City of Jeffersonville, Clark County,
Indiana upon this /7 day of Suer , 2023.
Dustin White, Council President
ATTEST: D
A
L. ill Jerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville on this f( day of
Jam, 2023.
// visa iI , Clerk
Approved and signed by me on this c day of 2023.
Mike Moo e, Mayor
AGREEMENT BETWEEN
City of Jeffersonville
And
Jeffersonville Firefighters
I.A.F.F. Local 558
Effective
July 1,2024,through December 31,2024
1
1. PREAMBLE 3
2. PROFESSIONAL NEGOTIATION AGREEMENT 4
3. ADMINISTRATIVE POLICY 5
4. UNION RECOGNITION AND SECURITY 6
5. NON-DISCRIMINATION 7
6. PRODUCTIVITY 8
7. PAYROLL DEDUCTION OF DUES, FEES, AND OTHER ASSESSMENTS 9
8. UNION BUSINESS 10
9. MANAGEMENT RIGHTS AND RESPONSIBILITIES 11
10. FIRE STATION 12
11. SENIORITY RIGHTS 13
12. RULES AND REGULATIONS 14 '
13. GRIEVANCE AND ARBITRATION PROCEDURES 15
14. DISCIPLINE 17
15. PERSONNEL FILE 18
16. SHIFT AND WORK HOUR CHANGES AND TRADES 19
17. WORKWEEK/TRAINING 20
18. RELIEF AT FIRE UNDER CONTROL 21
19. OVERTIME 22
20. MINIMUM&MAXIMUM RANK AND STAFFING 24
21.JOB VACANCIES AND PROMOTIONS 26
22. HOLIDAYS 27
23. SICK LEAVE 28
24. INJURIES(LINE OF DUTY OR NON-LINE OF DUTY) 30
25. PHYSICAL EXAMS 32
26. DRUG POLICY 33
27.BEREAVEMENT AND OTHER LEAVE 34
28.VACATION 35
29. CLOTHING ALLOWANCE 36
30. EDUCATIONAL LEAVE AND CERTIFICATION PAY 38
31. FIREFIGHTER BENEFIT PLAN 40
32. SALARIES AND LONGEVITY PAY 42
33. CONCILIATION 43
34. RETIREE BENEFITS 44
35. FITNESS STANDARD 45
36.NEGOTIATION OF SUPPLEMENTAL AND FUTURE AGREEMENTS 46
37. APPLICATION OF AGREEMENT 47
38. EFFECTIVE DATE AND DURATION 48
39. APPENDIX A 49
40. APPENDIX B 50
2
1. PREAMBLE
1.1 This agreement is entered into by and between the City of Jeffersonville, Clark County,
Indiana, (the"City")and Jeffersonville Professional Firefighters Local 558 International
Association of Fire Fighters, AFL-CIO acting by and through its proper officers(the
"Union"). It is the purpose of this agreement to achieve and maintain harmonious
relations between the City and the Union,to provide for equitable and peaceful
adjustment of differences that may arise,and to establish wages, rates of pay, hours,
working conditions, and all other terms and conditions of employment for Firefighters.
3
2. PROFESSIONAL NEGOTIATION AGREEMENT
2.1 The City recognizes that all permanent,uniformed members("Firefighters")of the
Jeffersonville Fire Department("Department")except the positions of Chief and Deputy
Chiefs are affiliated with the Union.
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3. ADMINISTRATIVE POLICY
3.1 Firefighters are engaged in furnishing essential public service affecting the health,
comfort and general well-being of the citizens of the City of Jeffersonville.
3.2 Firefighters are entitled to security and fair treatment in their employment by the City.
3.3 The City will not restrict nor foster,encourage or discourage, or oppose Firefighters
joining any lawful union or employee organization.
3.4 Unless the City by resolution determines there exists a fiscal emergency,the City agrees
not to employ any private,volunteer or part-time firefighters without the agreement of the
Union. Upon the City's demonstration of fiscal emergency, the City agrees to first
negotiate in good faith with the Union prior to taking any actions permitted under this
paragraph.
3.5. Nothing in this section or in this Agreement must be construed to prevent or impair the
City in its sole judgment and discretion from entering into and performing under mutual
aid agreements for fire services with other jurisdictions, provided that no such agreement
must provide for another jurisdiction to provide primary fire protection services for an
area of the City for which the City has the primary responsibility to provide fire services.
5
4. UNION RECOGNITION AND SECURITY
4.1 Union Recognition.The City recognizes the Jeffersonville Professional Fire Fighters
Union, Local 558, I.A.F.F. AFL/CIO as the exclusive bargaining representative for all
Firefighters, except those who occupy the positions of Chief and Deputy Chief with
respect to wages, rates of pay,hours,working conditions, and all other terms and
conditions of employment.
6
5. NON-DISCRIMINATION
5.1 The City is an equal opportunity employer and it is the City's policy to follow federal and
state law regarding employment discrimination. Firefighters must also have the benefit of
all the non-discrimination policies reflected in the City of Jeffersonville Policy and
Procedure Manual.
5.2 The City must not discriminate against any Firefighter for his or her activity in behalf of,
or membership in, the Union.
7
6. PRODUCTIVITY
6.1 It is the intent of the parties to achieve and sustain maximum productivity of each
Firefighter during the term of the Agreement. In return of the wage rates and conditions
herein provided, and consistent with the principle of a fair day's pay, the Union will
promote the objective of achieving the highest level of Firefighter performance and
efficiency consistent with safety, good health and sustained effort.
8
7. PAYROLL DEDUCTION OF DUES,FEES,AND OTHER ASSESSMENTS
7.1 The City will deduct the union's dues, fees and assessment, in any amount certified by
the current Secretary-Treasurer of the Union, from the paychecks of those Firefighters,
who, in writing, authorize those deductions.The total deductions collected in a pay
period must be remitted to the Union Treasurer within two(2)weeks from the date of
deduction.Any Firefighter authorization will remain in force until withdrawn in writing
by the Firefighter.Deductions for all assessments, fees, dues and other authorized
deductions will be shown on the Firefighter's paycheck stub.
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8. UNION BUSINESS
8.1 The article is subject to any requirements of Indiana law regarding leave to conduct
Union business.
8.2 Firefighters will not be penalized for attendance at conventions, conferences, seminars,
and the Indiana General Assembly, provided the Chief has granted prior approval.
Further, if elected or appointed to State or International Office, a Union member is
entitled to a leave of absence without pay, except that negotiated insurance and pension
benefits will continue at the Firefighter's expense unless and until there is duplicate
coverage available in the new position.
8.3 During scheduled Union conventions, conferences, and seminars where the President
and/or members(s)of the Executive Board plan to attend, the Union Representative(s)
will request union leave for the event. If no additional cost is incurred by the City from
the Union leave,then the Union member(s)will be granted leave without utilizing
personal vacation days. However, if, due to Union leave, there is an additional cost to the
City,the maximum of two(2)members of the executive board will be granted Union
leave without utilizing personal vacation days.
8.4 Union Officers and Shift Stewards certified by the President of the Union have the right
to conduct such Union Business as required for the efficient operation of the Union,
including, but not limited to,the following:
Preparing of grievances and processing while on duty.
Placement of Union material on Union bulletin boards.
Collective discussions concerning Union Matters while on duty.
However, Union activities must not interfere with the operation of the Department.
Firefighters granted leave under this Article may not be absent from their assigned duties
for the longer than is required to accomplish the business for which such leave is granted.
8.5 A member of the Union Executive Board,and the Pension Secretary, must be granted
time off with pay to attend grievance and/or arbitration proceedings when required by the
Union during normal hours of duty.
8.6 A Union Member elected or appointed to a State Union, or National Union position must
be afforded the same benefits in regards to time off for Union business as the Local 558
President in Article 8.3.
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9. MANAGEMENT RIGHTS AND RESPONSIBILITIES
9.1 The Union recognizes the City's right and prerogative 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 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.
1. To determine the size of the workforce;
2. To hire, establish work schedules,assign and direct the work of employees, including the
assignment of overtime;
3. To establish,change, combine job classifications and to prescribe and assign job duties.
content and classification;
4. To maintain the statutory rights of the Chief to establish and revise Departmental rules
and procedures for the administration of the Department;
5. To discipline and discharge employees, subject to IC 36-8-3.5, et seq.;
6. To adopt, revise, and enforce reasonable work rules;
7. To recruit, transfer and recommend the promotion of employees, subject to IC 36-8-3.5,
et seq.;
8. To manage the Jeffersonville Fire Department efficiently and economically.
9. To manage the fiscal affairs of the City in the best interests of the taxpayers and residents
of the City.
10. Anyone appointed to a 40 hour per week position by the Executive will have all
scheduling and leave time determined by Executive Order.
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10. FIRE STATION
10.1 The City will continue to furnish all necessary cleaning supplies to maintain a clean and
healthy environment in its facilities.
10.2 The City will provide appropriate space in each firehouse for the Union to hang its
bulletin board.
10.3 Except in emergency situations, the City may not require a Firefighter to perform non-
departmental business(except for emergency medical activities)or major maintenance on
any City facility or improvement, including,but not limited to: painting of buildings,
roofing of buildings, installation of landscaping, making structural changes, asphalt
paving, pouring concrete and electrical work. Firefighters may volunteer for such
activities.
10.4 It is understood that general maintenance and upkeep (Pride of Ownership) is the
responsibility of the Firefighters.
10.5 The City and the Union both desire to maintain the highest standards of safety and health
in the fire department with the goal of eliminating accidents, deaths, injuries and illness
in the fire service. Protective devices,wearing apparel and other equipment necessary to
properly protect the Firefighters must conform to applicable federal, state and local laws,
and must be used and worn by all Firefighters.
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11. SENIORITY RIGHTS
11.1 If the City must institute a reduction of work force,the last Firefighter hired will be the
first Firefighter laid-off. When a recall occurs the last Firefighter laid-off will be the first
Firefighter called back to work. The City further agrees not to hire any new personnel for
the Department until all Firefighters on lay-off are given the opportunity to return to
work.
11.2 The Chief will maintain a current seniority list and use best efforts to make it readily
accessible to the membership of the Union. A discharged, fired or permanently relieved
Firefighter will be immediately stricken from the seniority list.
11.3 "Seniority" is defined as the relative length of accumulated service of each Firefighter of
the Department. A Firefighter's length of service will not be reduced by lost time due to
sickness or injury leave,or authorized leave of absence or time served in appointed
Administration positions.
11.4 Seniority will be determined from the date of hire. A Firefighter's official first day will
be the first day he or she reports to work and is actively on the City of Jeffersonville's
payroll. In the case of Firefighters being hired on the same day, seniority shall be
determined by placement on the Merit Commission hiring list.
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12. RULES AND REGULATIONS
12.1 The City retains the right to implement reasonable rules and regulations including, but
not limited to,those relating to conduct and work performance. The Union retains the
right to object to the reasonableness of the City's rules and regulations through the
grievance procedure.
12.2 Any changes in the City's rules and regulations are to be established in the following
manner:
The Proposed rule and regulation must be posted to the Department's approved platform
("Posted"), and notice sent to membership,ten (10)business days prior to the effective
date of said rule or regulation("Posting Period").
If grievance is filed within the ten (10)business day Posting Period contesting the
reasonableness of the proposed rule or regulation,the effective date of the proposed rule
or regulation will abate until the grievance procedure is finalized as hereinafter set forth.
12.3 If a new rule is properly Posted and not opposed by the Union members through a
grievance, this rule must be maintained in a manner available to all Firefighters until it
appears in the amended permanent rules and regulations.
12.4 The City agrees to provide each new hire and any current Firefighter, upon request, a
copy of the most current"Rules and Regulations"and a copy of the current
"SOPs/SOGs". The City and Union agree to maintain and recognize the same copy of the
most current"Rules and Regulations"and"SOPs/SOGs"at each Fire Station. A current
electronic copy will be recognized as an acceptable form of said copy.
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13. GRIEVANCE AND ARBITRATION PROCEDURES
13.1 A "Grievance" is defined as a request from a Firefighter for relief from an action that is
in violation of his or her contractual and/or civil rights,which must include Department
general orders, memorandums, or rules and regulations. Both Parties agree that
disciplinary and promotion matters within the exclusive jurisdiction of the Merit
Commission must not be subject to the Grievance procedure.
13.2 A "Business Day" is defined as any day in the week, Monday through Friday. Days that
are recognized as Holidays, according to Article 22 of this Agreement, are not considered
business days.
13.3 Procedure to file a Grievance:
STEP#1: An aggrieved Firefighter or Union may file a Grievance. The Grievance must
be filed through the Union in writing within ten(10)business days, after the Firefighter
or Union becomes 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 Union Executive Board (the"Board").
It is the responsibility of the Board member to notify the Union 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 then (10)business days. The Board
must notify the grievant of the hearing in advance, and the grievant may appear at the
hearing if he or 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 satisfactorily in Step 3, a member of the
Board may submit the Grievance in writing to, and discuss it with,the Chief within ten
(10)business days of the issuance of the Board decision. The Union must make itself
available to discuss the grievance with the Chief.
STEP#5: The Chief must give his/her 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 Union may refer the matter to arbitration as
described in Paragraph 13.4 of this Article.
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13.4 If a dispute arising under this Agreement that a Firefighter of the Union 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 of a list of seven (7)arbitrators from the Federal Mediation and
Conciliation Service (FMCS). An arbitrator must be selected from this list by each of the
Parties alternately striking names, and the last name remaining must be the arbitrator for
the dispute. The party requesting arbitration must 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.
13.5 The rules and procedures of the FMCS governing the arbitration must apply unless
otherwise agreed by the Parties in writing.
13.6 The authority of the arbitrator must be limited to the interpretation and application of this
Agreement, and the arbitrator must not have the authority to modify, nullify, ignore, add
to, or subtract from any of the provisions of the Agreement. The arbitrator's award must
be in writing and must be binding upon the City and the Union and the employee(s)
involved. The expense of such arbitrator must be shared equally by the City and the
Union.
13.7 The time limits set forth in the Article must be strictly observed unless expressly waived
by the Parties in writing.
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14. DISCIPLINE
14.1 The Department must follow the Indiana merit laws regarding discipline of Firefighters
pursuant to IC 36-8-3.5 (or any successive legal provision). The Parties acknowledge it is
not their intent and they do not consent to expand the Merit Commission's statutory
jurisdiction beyond that provided by law.
14.2 If a Firefighter is ordered to the Chiefs office for disciplinary purposes, the Firefighter
has the right of Union representation if he/she requests it.
14.3 Under no circumstances should a Firefighter be disciplined for not volunteering for any
special details.
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15. PERSONNEL FILE
15.1 The City must maintain each Firefighter's official personnel file in the Human Resources
Department. The City must maintain the file and permit access to it according to the
terms of the City's Policy and Procedures Manual and Indiana law.
15.2 The Human Resources Department must notify Fire Administration when additions have
been made to a member's official personnel file.
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16. SHIFT AND WORK HOUR CHANGES AND TRADES
16.1 Firefighters may exchange (swap) shifts, after receiving permission of the acting
Battalion Chief, if the change does not interfere with the Department's staffing
requirements. Any exchange of shifts must be documented in the daily log by the
Battalion Chief who approved the exchange.
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17. WORK WEEK/TRAINING
17.1 Work Week. The Firefighters will be divided into three shifts. Each shift will be on duty
for twenty-four(24)consecutive hours, except in cases of emergency,when the City may
expand or contract on-duty hours as is reasonably necessary, as in the case of Mandatory
Overtime(Section 19.12). The Firefighters' normal workday is from 0700 hours to 0700
hours.
17.2 Upon reassignment of a Firefighter from one shift to another shift,the Firefighter must
not be required to work over the normal required hours in a pay cycle.
17.3 There will be no mandatory training on Holidays.
17.4 Sunday training will be conducted only if warranted by special circumstances as
determined by the Fire Chief.
17.5 All classes required for promotion will be paid for or provided a minimum of one time
per promotional cycle at no cost to member.Classes include: Pumper Operator, Technical
Rescue Awareness, Rope Rescue Operations, Instructor I, Fire Officer I, Fire Officer II,
NIMS 300,NIMS 400, Safety Officer, at least two Technical Rescue classes, Swift Water
Operations, and Instructor II-III.
17.6 All new-hired Firefighters will be in a minimum of an 8-week training class to include at
least: Firefighter I & II, Rope Operations,Technical Rescue Awareness and Emergency
Medical Responder.
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18. RELIEF AT FIRE UNDER CONTROL
18.1 After a fire is under control,the officer in charge must see that the Firefighters working
the fire are relieved at the earliest possible time. "Relieved"means to permit a break to
avoid severe exhaustion, if other rested, on-duty crews are available. "Relieved"does not
mean to be relieved of duty.
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19. OVERTIME
19.1 Overtime-A firefighter who works more than two hundred and twelve(212)hours in a
twenty-eight(28)day work period is entitled to overtime compensation at a rate of one
and one-half(1 Y2)times his/her regular rate of pay. A firefighter's work period, for
purposes of overtime pay, is twenty-eight(28)consecutive days. The beginning of this
period must be determined by the City.The overtime rate must be based on a 56-hour
work week except for Special Event Overtime per article 19.9. When the city must call
outside the department for additional assistance, every effort should be made to obtain the
additional assistance from a professional career department.Nothing in this Agreement
must prohibit the Chief from using Upper Level Staff in the case of staffing shortages.
19.2 Compensatory Time-Members accepting overtime have the option of receiving
compensatory time(comp time) in lieu of overtime pay. Comp time will be accrued at 1.5
times the hours worked.Comp time may be used as vacation time, or paid out monetarily
(at regular hourly rate)on the first pay period in February. A firefighter may bank up to
96 hours of comp time, but may not carry time over to the next year. Determination of
comp time or overtime pay must be made at the time the shift is accepted.
19.3 Overtime Lists-Two overtime lists must be kept by the Battalion Chiefs. The"Regular
Overtime List"and the"Staggered List".
19.4 Regular Overtime List will be defined as a rotating seniority list, beginning with the
Kelly Crew. Anytime the Regular Overtime List is used, the Battalion Chief will begin
from the point of the last person called in.
19.5 Staggered Overtime List will be defined as a list that follows a rotating seniority list of
all online personnel created by the Battalion Chiefs and Administration, beginning with
the Kelly Crew, and ensures a mix of tenured firefighters with a complement of newer
firefighters. Any time the Staggered Overtime List is used,the Battalion Chief will begin
from the point of the last person called in.
19.6 Regular Overtime is any overtime shift that is 12 hours or longer. With the exception of
some special events. "Regular Overtime"must be called in according to the Regular
Overtime List by Battalion Chiefs. Battalion Chiefs may opt to use text messaging in
order to contact personnel, but must use the rotating seniority list. Only 24-hour shifts
may be split into increments of 12 hours.
19.7 Emergency Overtime is defined as any shift of less than 12 hours. "Emergency
Overtime"must be called in according to the Staggered Overtime List. Battalion Chiefs
may opt to use text messaging in order to contact personnel, but still use the rotating
seniority list.
22
19.8 Technical Rescue Overtime may be required for some special rescue situations that
require specific technical expertise. These situations may include, but are not limited to:
Hazmat, Water Rescue, Confined Space Rescue, District 9 Task Force, etc. The call-in
procedures will be conducted from a predetermined list of qualified personnel. This list
will be assembled and maintained by members of the administration.
19.9 Special Event Overtime will be called in for any additional staffing beyond minimum
staffing. These events may be, but are not limited to, River Stage concerts, Steamboat
Days/Nights, Abby Road on the River, etc. Special Event Overtime must be called in
from the Staggered Overtime List. The Special Event Overtime rate must be based on a
40-hour work week.
19.10 Mandatory Overtime-In the event that minimum staffing(Article 20.4) cannot be met
using the above overtime procedures,the Battalion Chief will notify the least tenured, on-
duty member that they are obligated to stay until such a time that minimum staffing can
be met. Mandatory Overtime shifts will be capped at twelve (12)hours. If it is suspected
that the staffing shortage will last more than twelve hours, the Battalion Chief will notify
the next person on the list that he/she must return to duty at 1900 hours.
19.11 Thunder Over Louisville-In order to safely staff the City and its guests during the day
of Thunder Over Louisville, members of the Kelly Crew will be required to work the
event at the Administration's discretion. Members who have a Regular or Single vacation
day on an adjacent work day will not be required to work. The Administration may
release members from their obligation starting with the member with the most seniority.
Members may"give"their shift to another member provided it has been documented by a
Battalion Chief. This will be paid at the Special Event Overtime rate.
19.12 Knowing that no single written document could anticipate all possible situations in the
fire service,the Local acknowledges that the Battalion Chief on duty must have the
authority to resolve staffing shortages outside of the above articles.
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20. MINIMUM AND MAXIMUM RANK AND STAFFING
20.1 Firefighters will be classified as Upper Level Staff Personnel or Line Personnel as
provided in this Article.
20.2 Upper Level Staff Personnel. The positions of Chief, Deputy Chief, Division Chief, Fire
Marshal, Fire Investigator, Training Officer and Safety Officer must be included in Upper
Level Staff Personnel. Upper Level Staff Personnel are appointed positions by the Chief
and not governed under the Jeffersonville Fire Merit Commission. Members transferring
from Line Personnel to Upper Level Staff Personnel will retain the option to return at any
time to the position they held in their previous line position. A request in writing to return
to his/her line position will be honored without prejudice as vacancies permit. If a
Firefighter leaves or is removed from one of the above appointed ranks for any reason,
the Firefighter will return to the permanent rank and pay grade he/she held prior to
accepting the staff appointment. A Firefighter serving in an appointed staff position may
take a permanent merit-based promotion to an open line position, but he or she must
serve in that line position and rank.
20.3 Line Personnel. Line Personnel includes the positions of Battalion Chief, Captain,
Lieutenant, Sergeant, 1st Class Firefighter,2nd Class Firefighter and Probationary
Firefighter. The Jeffersonville Fire Merit Commission must govern (1)the selection and
appointment of persons to be employed as members of the department; (2)promotions
and demotions of members of the department; and (3) disciplinary action or dismissal of
members of the department. The line positions must be occupied by firefighters who have
been promoted by the Board of Public Works prior to December 31, 2008, or by the
Jeffersonville Merit Commission starting January 1, 2009. A Line Firefighter may not be
bumped out of his/her position unless for just cause. If a line position becomes vacant, it
must be filled with a Firefighter holding a permanent rank that is equal to or greater than
the open line position. If there is no available Firefighter holding an equal or higher rank,
the Chief must request a promotion from the Jeffersonville Fire Merit Commission for
the line position vacancy from the active certified merit commission list from the next
lower rank, per Indiana Code 36-8-3.5. If there is no line position available to a
Firefighter with a permanent rank,the Firefighter may serve in a lower line position but
maintains the pay grade of his/her permanent rank. A Firefighter holding such a position
must accept the next open line position that equals his/her permanent rank or accept the
permanent rank of the line position the Firefighter currently occupies.
20.4 Shift Staffing Minimums: Every shift must be staffed with a minimum of twenty-two
(22) Firefighters, including the Battalion Chief. The City acknowledges the current
station, apparatus and staffing placement:
Station 1: Engine(minimum 3 personnel)and Tower(minimum 4 personnel)
Station 2: Truck(minimum 4 personnel)and Battalion Chief(minimum 1 personnel)
Station 3: Engine(minimum 3 personnel)
Station 4: Engine(minimum 4 personnel)
Station 5: Engine(minimum 3 personnel)
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20.5 Station Staffing Minimum: Each station must be assigned the minimum of a Captain,
Lieutenant and Sergeant, except when directly related to an upcoming promotion.
20.6 Apparatus Staffing Minimums: Every Engine must be staffed with a minimum of three
(3)personnel. Every Aerial Apparatus must be staffed with a minimum of four(4)
personnel pursuant to Section 19.3, the Department may utilize Upper Level Staff
Personnel to staff apparatus. Until an additional apparatus is assigned to Station 4, Engine
44 will have a minimum staffing of four(4)personnel. In emergency situations, Battalion
Chiefs may decide to have this crew utilize the hazmat trailer or rehab trailer or tanker
when responding.
20.7 Subject to Section 20.6, if sufficient Firefighters are not available to meet the minimum
staffing requirements,the City will call Firefighters for overtime, according to the
procedures outline in Article Nineteen (19).
20.8 There must not be any firefighters hired without the approval of the Executive Branch
and the City Council. This does not include Upper Level Staff Positions, which are
addressed in article 20.2. Line personnel must be organized according to the following
ranks and job classifications.
Battalion Chiefs—One Battalion Chief per shift assigned to the Command vehicle.
Captains—One Captain assigned to each house per shift.
Lieutenants—One Lieutenant assigned to each house per shift.
Sergeants—One Sergeant assigned to each front line apparatus per shift.
Firefighter 1st Class—Firefighter that has completed(10)years and met educational
requirements.
Firefighter—Firefighter that has completed two(2)years and met educational
requirements.
Firefighter 2nd Class—Firefighter that has completed one(1)year and met educational
requirements.
Probationary Firefighters—Firefighter with less than one year.
20.9 Should the City of Jeffersonville open a new station and/or add an additional front line
apparatus,the new station/apparatus will be assigned personnel and rank in the same
manner as the current stations/apparatus outline in this Article.
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21. JOB VACANCIES AND PROMOTIONS
21.1 When vacancies occur in job classifications covered by this Agreement, up to and
including the rank of Battalion Chief, the Department will notify the Jeffersonville Fire
Merit Commission and the Union no later than at the next regularly scheduled Merit
Commission meeting.
21.2 The Jeffersonville Fire Merit Commission will determine new candidate hiring and
application and promotional-testing policies.
21.3 Applications must be completed online. Online access will be made available at city hall
through the Human Resource office.
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22. HOLIDAYS
22.1 The list of sixteen (16)applicable holidays in a year must be those approved by the Board
of Public Works and Safety or as otherwise determined by the City. The City will pay
each Firefighter$500 as holiday pay.Holiday pay will be payable one half on the first
pay period in June and one half on the first pay period in November.
22.2 A Firefighter whose shift commences on a holiday and who works his or her entire shift
will be credited twenty-four(24)hours holiday time for those days worked. The twenty-
four(24)hours will not be given until after the holiday has occurred. The twenty-four
(24)hours of holiday time must be used in the calendar year in which it is earned, except
that the following holidays(to the extent recognized as holidays in particular calendar
year)may be carried over from the previous year and must be treated as a vacation day
for purposes of scheduling time off:
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
• Day Before Thanksgiving
• Thanksgiving
• Day After Thanksgiving
• Christmas Eve
• Christmas Day
• New Year's Eve
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23. SICK LEAVE
23.1 A Firefighter begins each year with six(6) sick days of leave.
23.2 A sick day of leave may only be submitted the day prior to the requested day, no later
than 2200 hours or before 0600 of the day being requested.
23.3 Any sick days not used by a Firefighter in the calendar year will be carried into the
Firefighter's sick-day bank,which cannot exceed a total of 48 days. The sick-bank days
will be maintained by the Human Resources Director.
23.4 It is understood that sick days of leave will be granted for sickness or injury to the
Firefighter or his/her immediate family member as defined in the City of Jeffersonville
Policy and Procedure Manual. The burden for proving sickness or injury is the
Firefighter's responsibility.
23.5 A Firefighter who feigns physical disability, illness or injury, or who makes false
statements relative to any disability, injury or illness is subject to discipline.
23.6 A Firefighter must submit a physician statement to the Chief or a Deputy Chief when
he/she returns to the next scheduled tour of duty for the following reasons:
a. Two or more consecutive sick days taken
b. For every sick day taken over three (3)throughout the calendar year
c. If a firefighter was bumped from a Single Day Vacation and puts down a sick day for
the same day
d. If a pattern of abuse of sick days is suspected on holidays by the Chief or a Deputy
Chief
e. If a firefighter uses sick time for a major holiday or local special events (i.e. Derby,
Oaks, Thunder)
23.7 After a Firefighter takes more than three(3)consecutive sick days, these sick days will
no longer be recognized in the maximum daily vacation. Once all six(6)sick days have
been exhausted, a firefighter will begin sick leave, which consists of the firefighter's
accrued sick bank days.
23.8 A Firefighter accrues six(6) additional days off(Incentive Days)each year, if the
Firefighter did not take any sick days of leave in the previous year. A Firefighter will lose
two (2) incentive days for each sick day taken or day assigned to light duty. The six(6)
incentive days may only be used in the year they are accrued. On-duty injuries and
bereavement leave will not affect Incentive Days.
23.9 In January of each year, all Firefighters who have used no more twenty-four(24)hours of
sick leave in the previous year will have the option to sell back all of the annual accrued
incentive hours at their straight time rate of pay.No firefighter who has used more than
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twenty-four(24) hours in a previous calendar year will be eligible to sell back incentive
hours. Accrued Incentive Time must be sold back in twelve (12) hour increments.
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24. INJURIES(LINE OF DUTY OR NON-LINE OF DUTY)
Non-Line of Duty
24.1 Sick Leave consists of a Firefighter injured in non-line of duty incidents, which includes
those days accumulated in the firefighter's sick day bank before starting extended sick
leave.
24.2 Extended sick leave consists of four(4)pay periods, or two(2)months, after which a
Firefighter may be required to request disability leave from the appropriate pension
board. During extended sick leave,the Firefighter must submit a doctor's statement to the
Chief or Chief Representative not more than every thirty (30)days upon request.
24.3 While a Firefighter is on sick leave or extended sick leave and receiving full
compensation from the City,the Firefighter may not engage in other compensated
employment or other activities inconsistent with a physician's medical restrictions. A
Firefighter who feigns physical disability, illness or injury, or who makes false statements
relative to any disability, injury or illness is subject to discipline.
Light Duty
24.4 If a Firefighter's medical condition will not allow the Firefighter to perform his/her
normal fire suppression duties,the Firefighter may be assigned to light duty,which
includes administrative duties and training assignments by the Chief or Deputy Chief
within the medical parameters or work restrictions specified by the Firefighter's doctor.
However, before being eligible for a light duty assignment, a Firefighter must have
exhausted three (3) sick days in relation to the medical conditions that prevents the
Firefighter from performing normal fire suppression duties. All such duties are temporary
pending the Firefighter's ability to return to normal fire suppression duties. During this
light duty,the Chief may select for the Firefighter to either report on the days the
Firefighter's crew works, and work his/her 24-hour shift or select to work(8) hours at
Fire Headquarters on every business day. The Chief will review this temporary duty, at
least every thirty (30)days. The City may require the Firefighter to apply to the
appropriate pension board for disability retirement, if the Firefighter will not be able to
perform normal fire suppression duties within the foreseeable future.
Line of Duty
24.5 Any Firefighter hurt while on duty will follow the City of Jeffersonville's Workman's
Compensation Policy.
24.6 A Firefighter absent due to illness and or injury sustained in the line of duty will be paid,
in addition to any other benefits,the difference between the amount of wage benefits they
receive under worker's compensation, if any, and the amount they would have received if
on duty, for the lesser of the following two periods of time: (a)one (1)year from the date
of the line of duty illness or injury, or(b)the time between the line of duty illness or
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injury and the Firefighter's return to duty, or qualification for and receipt of pension
benefits. Any member injured in the line of duty is required to submit medical updates
once every 30 days on medical status and work limitations.
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25. PHYSICAL EXAMS
25.1 The City agrees to make available at the City's expense annual physicals with the intent
for all to be completed by July 1 of each year. If the physician/nurse practitioner states
the Firefighter is not fit enough to perform the essential functions of a firefighter, the
Firefighter will be considered unfit for duty,at which time the Firefighter will be put on
light duty pursuant to Article 24.
25.2 Annual physicals referenced above must be administered to all members by staff of
Alternative Health Services(or whichever health-service center the city provides).
25.3 The required annual physical will be paid for by the City. Any subsequent recommended
or required follow-up"assessments"(i.e. echocardiograms, colonoscopy, etc.)will also
be financially covered by the City. In the event that an assessment turns into an
"intervention" (i.e. colonoscopy turns into a polypectomy), the employee's insurance will
be billed for the procedure.
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26. DRUG POLICY
26.1 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.
26.2 The City's drug and alcohol policies will govern pre-employment testing.
26.3 The City and the Union acknowledge that Appendix B of this document must be used as
the singular method for determining reasonable suspicion and the requirement of all other
drug and alcohol testing for Jeffersonville Firefighters.
26.4 Firefighters required to take a drug test must be granted paid leave pending results of the
drug test. Firefighters must be provided test results prior to returning to duty.
26.5 The City and the Union agree that CBD is a substance that may be beneficial in the
treatment of several firefighting related illnesses such as PTSD, GAD,depression,
insomnia, pain, etc. The City and the Union also understand that CBD can contain THC
even when otherwise labeled. The city agrees that THC will not be included in drug tests
for firefighters.
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27. BEREAVEMENT AND OTHER LEAVE
27.1 Bereavement Leave. Up to three(3)working days of leave with pay will be granted to a
Firefighter in case of death of the Firefighter's immediate family. These days must be
taken within seven (7)calendar days from the date following the date of death.
"Immediate family"means spouse, child, grandchild, father, mother, grandparent,
brother, brother-in-law, sister, sister-in-law,parent in-law, or any other legal relative who
was living as a member of the Firefighter's household.Not included in this article are any
in-laws not specified above.
Up to one(1)working day of leave with pay will be granted to Firefighters in case of
death of any other family members of the Firefighter. This day must be taken in
connection with travel or attendance at the service or other gathering presumptively
within fourteen (14)calendar days from the date of death. ("Other family members"
consist of grandparent-in-law, uncle,aunt, niece, nephew and first cousins.)
27.2 Military,Maternity,and Paternity Leave will be granted in accordance with existing
Federal, State and Local statutes and ordinances.
Additional military,maternity, paternity, or bereavement leave is subject to the Chief s
approval and must, if granted and taken, be charged against a Firefighter's banked or
future vacation days, or may be taken without pay at the option of the Firefighter.
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28. VACATION
28.1 Firefighters receive vacation leave according to the schedule attached to this Agreement
as Appendix A.
28.2 Regular vacations(three (3)or more consecutive vacation days)are based on department
seniority and will be picked in increments of 3 or 6 days. First pick must be scheduled by
January 3 I st, and second pick by the end of February of each year for that calendar year.
No more than five (5)Line Personnel may be scheduled for Regular vacation at one time.
28.3 Single Day: A Firefighter's total number of vacation days may be taken as single days.
These days are the only days that may be changed, canceled, or split. To change or cancel
a Single Day, a Firefighter must give ninety-six(96)hours of notice. To split a Single
Day, a Firefighter can either: (1)take the first 12 hours(0700 to 1900), (2)take the last
12 hours(1900 to 0700), or(3)take six(6)hours prior to 1900 hours. Any such split
requires approval from a Battalion Chief. Single Days are based on Department seniority
and may be scheduled no more than thirty(30) days in advance. Single Days may be
bumped through seniority. To bump, ninety-six(96)hours of notice to the bumped
Firefighter is required before a Firefighter is scheduled to take a Single Day vacation.
Any Firefighter wishing to use twenty-four(24)hours of vacation time will be awarded
that time over an individual that only wishes to use twelve (12)or six(6)hours of
vacation time, regardless of seniority as long as the request is made outside of the ninety-
six(96)hour window referenced in this article. A maximum of five (5) Single Days may
be carried over from the previous calendar year.A Firefighter may not take a Single Day
if five(5)or more Firefighters are scheduled off because of a Regular vacation, as
described in Article 28.2, or Sick Leave, as described in Article 23. This provision is not
to include any leave associated with, Extended Sick Leave, Light Duty, Union business,
Workman's Comp or Bereavement Leave.
28.4 A maximum of five(5)Line Personnel may be scheduled for Regular vacation day(s)
and/or Single Day(s). this provision excludes the Battalion Chiefs.
28.5 Upper Level Staff Personnel and Battalion Chiefs must not be counted in the daily
vacation of Line Personnel.
28.6 Traded time carries no seniority.
28.7 Firefighter's vacation will be accrued January 1st. During the first year of employment,
vacation and sick leave will be prorated. A Firefighter hired before July 1st will receive
full sick and vacation leave and a Firefighter hired July 1st or after will receive one half of
each.
28.8 It is the responsibility of the Firefighter who has a Single Day vacation to verify with the
Battalion Chief that he or she has not been bumped within 96 hours of the vacation day.
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28.9 In the event that the Battalion Chief on duty is absent due to sickness,vacation,
bereavement leave, etc., the Battalion Chiefs from the off-duty crews will be the first
individuals contacted to fill that particular vacancy,with the Kelly Crew being contacted
first. In order to simplify this process, it is agreed that the Battalion Chiefs must be
removed from the Line Personnel overtime and vacation pools and placed in their own
Battalion Chief overtime and vacation pool. In the event that an off-duty Battalion Chief
is unavailable to fill a vacancy caused by vacation, an approved Captain from the
working Crew will fill the position.
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29. CLOTHING ALLOWANCE
29.1 Firefighters will receive$800 each year. Firefighters will receive this clothing allowance
payable one half($400)on the first pay period in June, and one half($400)on the first
pay period in November. Administrative appointed staff may receive additional Clothing
pay upon Chief approval not to exceed$1,600 annually.
29.2 Clothing allowance must be used to purchase station wear such as Class A and B
uniforms,tee shirts, sweatshirts, socks and uniform shoes. Jeffersonville Fire Department
will replace coats, helmets, gloves, nighthawks,Nomex hoods, SCBA masks, bunker
boots and other safety apparel or devices as outlined in the N.F.P.A. minimum
requirements. The Department will replace the above mentioned safety items not covered
by Firefighter's clothing allowance, in the event of damage or wear in the course of duty.
If IOSHA regulations require any changes from the uniform and equipment in the Rules
and Regulations of 1994, the City will pay the initial cost to make the required change.
The City will ensure all the below articles are purchased and delivered to each new
employee no later than 90 days after his/her hire date. The City will issue new
Firefighters the following list of turnout equipment and uniforms at the City's cost:
Fire Gear
• Fire Helmet(Cairns 1010)
• Bunker Boots w/steel inserts • Class B Jacket w/patches
• Two—Nighthawks w/ • Class B 511 pullover(navy)
suspenders • Socks,three pairs
• Two—Fire Coat • Walking Shoes(black)
• Two—Pair Fire Gloves • Coveralls with insignia
• SCBA Mask
• Two—Nomex Hood Dress Clothing
• Spanner Wrench • Short Sleeve Class A Shirt(white)
• Hose Chain • Long Sleeve Class A Shirt(white)
• Accountability Tags • Short Sleeve Class B Shirt(navy)
• IFSTA Manual • Long Sleeve Class B Shirt(navy)
• Two—Class B Polo Shirt
Daily Clothing • Two—Class B Trousers
• Baseball Cap w/insignia • Double-Breasted Dress Coat
• Five—Tee Shirts w/insignia • Belt w/Buckle
• Two—BDU Pants • Black Formal Shoes
• Two—BDU Shorts • Black Tie
• Three—Sweatshirts w/insignia • Dress Uniform Cap
• Sweatpants w/insignia(one pair) • Badges, Lapel Pins and Name Tag
All turn out equipment and uniforms listed above must meet or exceed standards set forth by
IOSHA, CAL-OSHA, and specifications stated in the Jeffersonville Fire Department Rules
and Regulations.
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30. EDUCATIONAL LEAVE AND CERTIFICATION PAY
30.1 Firefighters will not receive First Responders certification pay. First Responder
certification will be considered a requirement of every firefighter holding the rank of
Firefighter 1st Class and above, and compensation for this position is now included as
part of standard rank pay.
30.2 Upon the Chiefs approval,the City will pay for required education and courses taken by
Firefighters pertaining to duties of firefighting or emergency medical training. Unless the
City furnishes transportation, the City will reimburse Firefighters' required travel for
approved courses relating or pertaining to the duties of firefighting or emergency medical
training.Firefighters will not be required to use their vacation days to attend an approved
course. Upon Chiefs approval to attend the course, the City will ensure that minimum
staffing is maintained.
30.3 If a Firefighter attends an approved course,the Firefighter will be reimbursed for meals
pursuant to the existing Jeffersonville City Travel Ordinance. The Firefighter must
present receipts prior to reimbursement pursuant to the Jeffersonville City Travel
Ordinance.
30.4 If a Firefighter attends an approved course scheduled for more than one day at a site more
than 50 miles from Jeffersonville, Indiana, the Firefighter will be reimbursed pursuant to
the Jeffersonville City Travel Ordinance.
30.5 We value diverse education (rope rescue,trench rescue, etc.). We encourage the Chief to
pursue a broad range of skills training as need and budget permit.
30.6 In the event of out-of-town training,time spent engaged in travel or training must be
considered on-duty hours and a Firefighter may have his/her work schedule temporarily
adjusted accordingly.
30.7 Certification Pay. Line Firefighters will receive additional pay on their first paycheck in
November, of that year, for the number of qualified certification/skills each Firefighter
has received. It is the Firefighter's responsibility to ensure all the certifications are
recorded and turned into the Training Officer/Deputy Chief(personnel) no later than
October 15 of that year to receive accurate pay. All certifications/skills listed below are
recognized as Indiana State NFPA Certifications and will receive $100 compensation for
each certification, not to exceed a yearly total of$700. As a condition to the eligibility to
receive certification pay under this paragraph, a Firefighter must submit to the City's
Human Resource Department copies of all certificates and renewal paperwork for
placement in the Firefighter's personnel file.
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• Instructor I • Confined Space Rescue Operations
• Instructor IUIII • Confined Space Tech
• Fire Officer I • Rope Rescue Operations
• Fire Officer II • Rope Rescue Tech
• Fire Officer III • Swift Water Rescue Operations
• Strategy and Tactics • Swift Water Tech
• Safety Officer • Hazardous Materials Tech
• NIMS Command ICS 400
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31. FIREFIGHTER BENEFIT PLAN
31.1 Health Benefits:
The City will provide each Firefighter with health insurance and dental benefits
equivalent to the plans in effect on the day of the signing of this contract as of January
01, 2020.Firefighters must each contribute monthly to the total cost of health insurance
premiums at the same cost as of January 01, 2020.
The City and the Union understand that health care costs and claims are volatile. We
reserved the right to renegotiate plan deductibles and employee contributions. Any
changes must be agreed upon by both parties.
31.2 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 must 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 (1)
appointment to be made by the Union and one (1) appointment to be made by the
Fraternal Order of Police Lodge#100(Provided it is a signatory to a labor agreement
with substantially similar terms regarding the committee, with the Union 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 must appoint a Chair of the Committee
from among its members.
(d) The Committee must meet at such times and undertake such health insurance review
and planning as the Chair directs.Meetings and other official action must 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, must have one vote.
Five Committee members must 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 must make such recommendations regarding health insurance plan,
policy and program revisions 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 must be agreed upon by both
Parties to this Agreement before being applied to members of the Union's bargaining
unit.
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31.3 Dental Benefits
The City will provide each Firefighter with dental insurance benefits equivalent to the
plans in effect on the date of the signing of this contract. Firefighters must each
contribute monthly to the total cost of dental insurance premiums in accordance with the
following schedules:
Coverage Type Firefighter Contribution
Singe Coverage $0
Firefighter plus one coverage $10.00
Family Coverage $20.00
31.4 Vision Benefits
The City will provide each Firefighter 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 both the Firefighters and their families.
31.5 Life Insurance
The City will provide each Firefighter with term life insurance with a death benefit of at
least$50,000 at no cost to the Firefighter. Additionally, the City will provide an
accidental Death and Dismemberment policy of$50,000 at no cost to the Firefighter. Life
insurance benefits terminate upon the Firefighter's retirement or separation.
31.6 Pension and Retirement Plan
The City will continue to pay 3%of the Firefighters' INPRS contribution. The City will
be open to consider other plans or options as presented by the Union.
31.7 Any member enrolled in the"High Deductible"health care plan must receive an annual
payment into their Health Savings Account on the second pay period in January. The
amount must be$700 for single coverage and$1,000 for family coverage. A Firefighter
hired before July 1st will receive the full amount and a Firefighter hired July 1st or after
will receive one half the amount.
31.8 The City will match up to one half(0.5)percent for every one (1)percent, up to six(6)
percent of pension base to any Firefighter participating in the City-provided 457 plan.
The City must make such matching payments per paycheck. The maximum contribution
by the City will be [(Pension Base x 0.03)/24] per paycheck. Beginning January 1, 2023
The City will match up to one half(0.5)percent for every one(1)percent, up to eight(8)
percent of pension base to any Firefighter participating in the City-provided 457 plan.
31.9 Dependents of any member suffering a Line of Duty Death will be eligible to remain on
the City's insurance plan until they would otherwise age out(Medicare for spouses/age
26 years old for dependents).
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32. SALARIES AND LONGEVITY PAY
32.1 Any Firefighter hired after the effective date of this contract will be paid based on the
salary scale in Article 32.3. Firefighters will receive a$1,000 bonus for 2021. Firefighter
base salary will increase 3%per year, each year, on the 1st of January for 2022, 2023, and
2024.
32.2 Parity.A Firefighter's Pension Base must be in parity with the Jeffersonville Police
Department's Pension Base. Pension Base includes Firefighter 1st Class plus 25 years
longevity pay.
32.3 Effective July 1 2024 the annual salary of a Firefighter(base salary) must be$66,000.
The rank differential must be as follows.
Position/Rank Salary
Battalion Chief 30% $ 85,800.00
Fire Marshal (Major) 25% $ 82,500.00
Captain 22% $ 80,520.00
Lieutenant 17% $ 77,220.00
Sergeant 12% $ 73,920.00
Firefighter I St Class 4% $ 68,640.00
(Pension Base $94,380.00)
Firefighter BASE $ 66,000.00
Firefighter 2"d Class —5% $ 62,700.00
Probationary —10% $ 59,400.00
32.4 Longevity Pay. The following longevity pay must be added to the monthly salary and
wages of each eligible Firefighter. In addition to their position/rank pay above, each
eligible Firefighter will receive 1.5%of the First-Class Firefighters' pay, per year of
employment, up to 25 years. Firefighters may be given the option to receive their
longevity in two(2)annual installments (first pay periods in June and November)or on
each paycheck throughout the calendar year.
32.5 Driver Pay: Firefighters(lst or 2nd Class)must receive $30.00 per day that they are
required to drive.No other ranks or positions will be eligible for Driver Pay.
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33. CONCILIATION
33.1 The parties hereto pledge to avoid fruitless controversies, to maintain good feelings and
harmonious relationships, to give prompt attention to disputes and to endeavor in good
faith to settle all differences by conciliation. Under all circumstances, business must be
conducted without interference or interruption in regular and orderly manner, until the
controversy is settled by the procedure herein before set forth.Neither party to this
contract will enter into a strike or lockout against the other.
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34. RETIREE BENEFITS
34.1 Upon retirement from active service of a Firefighter with twenty(20)or more years of
service,the Firefighter will receive his/her gear and helmet from the City. The retiring
Firefighter will also be presented with a retirement badge and identification card.
34.2 Commencing on January 01, 2014,until a retired Firefighter or surviving spouse is
eligible for Medicare coverage,the City must pay a retired Firefighter's or surviving
spouse's insurance premium on the same terms as an active Firefighter under Article 31,
if the retired Firefighter or surviving spouse elects family or single coverage benefits,
provided that(1) such retired Firefighter or surviving spouse was enrolled in the City's
health insurance plan as of December 31, 2024 and(2) such retired Firefighter or
surviving spouse is current on their premium contribution obligations under the terms of
this Agreement and any predecessor agreements. This must include members option for
the High Deductible Health Care Plan and the corresponding City contributions to Health
Savings Accounts.A retired Firefighter must be defined as any Firefighter that is eligible
to receive pension benefits.
34.3 When a retired Firefighter or surviving spouse becomes eligible for Medicare coverage,
the retired Firefighter or surviving spouse's eligibility for participation in the City
insurance must automatically terminate. The dependents of a Firefighter who have
reached Medicare eligibility must be covered for two (2) additional years before their
coverage automatically terminates.
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35. FITNESS STANDARD
35.1 The fitness testing and standard of December 2013, established and agreed to by and
between the Chief and the Union, and attested to by the City Council Negotiating Team,
must 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 Union
and the Chief with notice to the City Council, provided that any agreement that would
have the effect of eliminating fitness testing and standards must be subject to approval by
the City Council.
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36. NEGOTIATION OF SUPPLEMENTAL AND FUTURE AGREEMENTS
36.1 This agreement may be amended only in writing and properly approved and signed by
both parties. Supplemental agreements may be completed through negotiations at any
time during the life of the Agreement. Either party may notify the other party, in writing,
of its desire to negotiate. Supplemental agreements will become a part of the larger
agreement, and subject to all its provisions.
36.2 New contract negotiations will begin no later than April 15, 2024.
36.3 The Parties agree and understand that Firefighters are barred from strike activity under
Indiana law. Both Parties understand this can result in harsh and unfair results for
Firefighters in collective bargaining process. Therefore, both Parties agree to participate,
in good faith, in mediation through the Federal Mediation and Conciliation Service
(FMCS)as provided in this Agreement.
36.4 After July 1, 2024, but before December 31, 2024, the Parties may jointly agree to initiate
non-binding mediation with respect to the terms and conditions of a new agreement that
would commence January 1, 2025. If no new agreement has been reached, and the Parties
have not jointly agreed to initiate mediation by January 1, 2025, either Party may initiate
non-binding mediation with respect to the terms of a new agreement. In any case,the
costs of mediation must be borne equally by both parties.
36.5 The Parties may, if both Parties agree, submit to binding arbitration, in lieu of or in
addition to,the mediation described above, provided, however,that that Council must
approve by appropriate resolution with respect to the City's agreement to any such
arbitration.
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37. APPLICATION OF AGREEMENT
37.1 If any provision of this Agreement, or application thereof, to any person or circumstance,
is held unconstitutional or otherwise invalid,the remaining provisions of this Agreement
will not be affected thereby.
37.2 Nothing in this Agreement must be construed as reducing, diminishing, or restricting, in
any manner,the powers given to the City of Jeffersonville, its boards, commissions, or
individuals by state law. In the event that a change in state or federal law renders
unlawful any provision of this Agreement,the Parties must cooperate in good faith to
amend and reform that Agreement to comply with such change in law.
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38. EFFECTIVE DATE AND DURATION
This Agreement must become effective upon its proper adoption by the parties listed
below, and will continue in full force and effect until December 31, 2024. Except in the
exercise of the City's rights and powers as provided by law, the Agreement must,
thereafter, automatically remain in effect until the date when a new agreement becomes
effective or until December 31, 2026, whichever is sooner.
In Witness Whereof, the parties have hereunto set their hands and seals this l 7 day of
"..1,7 e , 2024.
Jeffersonville Professional The City of Jeffersonville, Indiana
Firefighters, Local 558, of The
International Association of
Firefighters.
I
Mike oore, Mayor
Bra etley, Presi e , gotiations
Committee•---15,titi i
X0 -lltvI%G!` Oa
�� Dustin White, City Council
President, Negotiations Committee
Bryan Eme�r(1s n, Vice President, ,,IN..,
Negotiations Committee
,,,,,de...er
Scott Hawkins, City Council Vice-
4111,0"(- _..e.40:dir President, Negotiations Committee
J. urt, ego ationsIII IP
Alt k
Amy Se voiiiii City Council,
Negotiatio ommittee
Josh mart,Negotiation ittee
1
J ky n , City C uncil,
egotia ons Committ e
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39. Appendix A
Vacation Schedule
Vacation time accrues to Firefighters base upon their total years of service (longevity)
with the City as follows:
1 —2 years of service 3 days
3—4 years of service 8 days
5—9 years of service 12 days
10— 15 years of service 15 days
16— 19 years of service 17 days
20—24 years of service 19 days
24 or more years of service 20 days
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40. Appendix B
Employee Name/ID 4: Assignment
Date of Observation: Time Length of Time Observed.
Location of Incident:
Person completing this form(please check one):
Li Initial Supervisor Name: Signature:
rl Secondary Supervisor Name: Signature:
El Subordinate Employee Name: Signature:
0 Union Representative Name:_ Signature:
OBSERVATION
Please explain your observation/s for each category checked
Nature of Incident/Cause for Reasonable Suspicion(list below) Physical Signs or Symptoms for Reasonable Suspicion
—Observed/reported possession of or use of a prohibited substance Slurred or incoherent speech
Apparent drug/alcohol intoxication Unsteady gait or other loss of physical control;poor coordination
(_i Observed abnormal or erratic behavior Dilated or constricted pupils or unusual eye movement
Arrest or conviction for drug-related offense Bloodshot or watery eyes
Evidence of tampering on a previous drug test F Extreme fatigue or sleeping on the job
I Other.please specify.i.e.,flagrant violation of safety regulations. Excessive sweating or clamminess to the skin
serious misconduct,fighting or argumentative/abusive language, RFlushed or very pale face
refusal of supervisor instruction,unauthorized absence on the job I J Highly excited or nervous
Nausea or vomiting
Please explain your observation/s: (- Odor of alcohol
COdor of marijuana
LDry mouth(frequent swallowing/lip wetting)
—Unsteady gait or other loss of physical control;poor coordination
—Shaking hands or body tremors/twitching
Unusual Behavior(list below) Li Irregular or difficult breathing
l Apparent drug/alcohol intoxication Runny sores or sores around nostrils
—Physically abusive Puncture marks or tracks
Extreme aggressiveness or agitation LI Other: please specify
Ll Listlessness,withdrawal,depression,mood changes,or unresponsiveness
Inappropriate verbal response to questioning or instructions
Other erratic or inappropriate behavior: please specify,i.e.,
hallucinations,disorientation.excessive euphoria,confusion Please explain your observation/s:
Please explain your observation/s:
The behavior I observed was:
ri Within the 4-hour period before the employee was to perform a safety,sensitive function
During the time the employee was performing a safety,sensitive function
Immediately after the employee performed a safety.sensitive function
❑Immediately following a motor vehicle accident (MVA)
Li Other,please explain
Additional comments or details of reasonable suspicion:
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