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HomeMy WebLinkAbout2004-R-38 2004-R-~J~_~ RESOLUTION ADOPTINO THE 2004 FOP CONTRACT WHEREAS, the Common Council of the City of Jeffersonville recognizes the Indiana Fraternal Order of Police Labor Council, Inc. (the "FOP") as the bargaining agent for the City's police officers; and WHEREAS, the City of Jeffersonville (the "City") and the FOP entered into a contract for calendar years January 1, 2005 through December 31, 2008 (the "Contract"); and WHEREAS, it is in the best interest of the citizens and taxpayers of the City of Jeffersonville that the City enter into the Contract. NOW, THEREFORE, IT IS HEREBY RESOLVED that Common Council of the City of Jeffersonville does hereby adopt the provisions of the contract attached hereto as Exhibit A and incorporated by reference herein, e t~his ~o Approved and signed by f~, 2004. Robert'l~. Whiz, }~r., Presiding Officer ATTEST: Pegg~ilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the M~or of said City of deffersonville, Indiana at o'clock __.m., this ~ day of l~)~ ~,~4~ , 2004. Peg~g~ ~Vilder Clerk-Treasurer This Resol]~tjo. n a~proved anf signed,,~}7~e this q day of ~,20~-~~/ Robert L.'~Waiz, ,~r., Mayor City of Jeffersonville at ,.~:O0 o'clock ¢.m., 2 City of Jeffersonville and Indiana Fraternal Order of Police Labor Council, Inc. Effective January 1, 2005 through December 31, 2008 Revised 11-16-04 TABLE OF CONTENTS PREAMBLE ART. 1 ART. 2 ART. 3 ART. 4 ART. 5 ART. 6 ART. 7 ART. 8 ART. 9 ART. 10 ART, 11 ART. 12 ART. 13 ART. 14 ART. 15 ART. 16 ART. 17 ART. 18 ART. 19 ART. 20 ART. 21 ART. 22 RECOGNITION TERM OF AGREEMENT MANAGEMENT RIGHTS AND RESPONSIBILITIES DISCRIMINATION DEDUCTION OF DUES HOURS OF EMPLOYMENT MEAL PERIODS VACATION TIME HOLIDAYS AND HOLIDAY PAY LONGEVITY PAY CLOTHING ALLOWANCE WAGE SICK LEAVE PAY PERIODS OVERTIME COMPENSATION EMPLOYEE INSURANCE RETIREE INSURANCE RETIREE BENEFITS, 1925 FUND RANK DIFFERENTIAL BEREAVEMENT LEAVE SAVINGS CLAUSE ASSIGNMENT OF RANK SIGNATURE AND APPROVAL PAGE PREAMBLE 1. It is the general purpose of this agreement to promote the mutual interest of the Civil City of Jeffersonville, Indiana and the Jeffersonville Professional Police Officers and to provide for the operation of the Jeffersonville Police Department under methods which will further, to the fullest extent possible the: 2. 3. 4. 5. 6. 7. safety of the employees, economy, and efficiency of operation, elimination of waste, realization of maximum quantity of police services, maintenance of police discipline, protection of citizens rights and property, and preservation of the peace without interruption. 2. This agreemem entered into by the Indiana Fraternal Order of Police Labor Council, Inc., Jeffersonville Fraternal Order of Police Lodge #100 (FOP), and the Civil City of Jeffersonville, Indiana (the "Employer" and/or the "City"), is intended to assure a sound and mutually beneficial working and economic relationship between the parties concerning rates of pay, wages, and certain conditions of employmem. The term "employee" as used herein shall refer to any sworn full-time police officer, excluding the positions of Chief of Police and Assistant Chief. 3. The parties to this agreement will cooperate fully to secure the advancement of the objectives stated above. ARTICLE 1. RECOGITION The employer hereby recognizes the FOP via The Indiana Fraternal Order of Police Labor Council, Inc. and the officers of the Jeffersonville local FOP Lodge #100, as the exclusive representatives of the sworn police officers in the employment of the City, the police officers who have retired from employment with the City and their beneficiaries. The FOP does not represent the Chief of Police or the Assistant Chief except as to their salaries. ARTICLE 2. 1. 2. TERM OF AGREEMENT This agreement is effective from January 1, 2005 through December 31, 2008. Commencing no later than June 15, 2008 the FOP and the City shall begin negotiations to modify or amend this agreemem for 2009 and subsequem years. 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 agreemem. 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. ARTICLE 3. MANAGEMENT RIGHTS AND RESPONSIBILITIES 1. The FOP recognizes the prerogative of the Employer to operate and manage the Jeffersonvill¢ Police Depat~ent's affairs in all respects in accordance with its responsibilities and powers of authority. 2. The Employer has the right to schedule overtime and work as required in a manner most advantageous to the Police Deparunent and consistent with requirements of municipal employment and public safety. 3. The Employer reserves the right to discipline and discharge for just cause. The Employer reserves the right to lay off personnel for lack of work or funds, for the occurrence of conditions beyond the conlrol of the departmem, or when such continuation of work would be wasteful and unproductive. The Employer has the right to determine reasonable schedules of work and to establish thc methods and processes by which such work is performed. 4. No policies or procedures covered in th~s agreemem shall be consumed as delegating to others, reducing or abridging, any of the following authority conferred on city officials, nor used for the purpose of invalidating any of this contract's provisions. I. Statutory responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and of the City, passing upon ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of ordinances and the appropriation of money. o The responsibility of the Police Chief for determining employee classifications, establishing reasonable roles and regulations, disciplinary actions, certifying payrolls, and reviewing of appointments in the Department. The responsibility of the Police Chief as governed by statutory provisions, ordinances, and deparunental rules and as limited by the provisions of this agreement: To recruit, assign, transfer or promote employees to positions within the department. To suspend, demote, discharge o~ take other disciplinary action against employees for just cause. Te relieve employees from duties because of lack of work, lack of funds, or for disciplinary reasons. To determine methods, means, and employees necessary for department operations. 5. To control the departmental budget, and, o To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. 5. It is agreed by the Employer and the FOP that the City is obligated, legally and morally, to provide equality of oppommity, consideration, and treatment of all members of the Police Departmem and to establish policies and regulations that will insure such equality for all members employed by the Police Department in all phases of the employment process. 6. It is further intended that this agreement and its supplements shall be an implementation of the authority of the Mayor, the City Council, and the Police Chief, and rules and regulations promulgated by the Police Chie£ 7. The Chief of Police has the right to make changes in working conditions and to change past practices without the approval and/or consent of the FOP. However, the FOP President shall be given advance notice of anticipated major changes in working conditions, and conferences in good faith shall be held thereon before they are placed in effect. Emergency situations are exempted from this provision. ARTICLE 4. DISCRIMINATION The City shall not discriminate against any employee for his/her activity in behalf of, or membership in, thc FOP. The City shall not discriminate against any employee because of race, sex, creed, religion, national origin, or politicai affiliation. ARTICLE 5. DEDUCTION OF DUES The City will implement a dues deduction system, within tl~irty (30) days after receiving noti£~cation from the Presidem of the Jeffersonville FOP Lodge that the FOP has determined there is a need for such a system. Ifa dues-deduction system is implemented, the City must deduct dues semi-montlxly 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 amoum of the dues to be deducted. The City must remit the total amount of the deductions to the Secretary- Treasurer of the Jeffersonville FOP Lodge monthly. ARTICLE 6. HOURS OF EMPLOYMENT The regular workweek schedule of an employee shall be: 1. Uniform Division shall work a four (4) day on-duty and two (2) day- off duty schedule. The Uniform Division rotates shifts monthly. Uniform Division shift schedules are: First shift: Second shift: Third shift: 6:00 a.m. to 2:30 p.m. 2:00 p.m. to 10:30 p.m. 9:30 p.m. to 6:00 a.m. Detective Division shift schedules: Monday through Friday with flexible hours as established by the City. The City may create another Detective Division shift. ARTICLE 7. MEAL PERIODS Employees shall be granted a forty-five (45) minute meal period per stfift. Employees must take their meal period after the first hour and before the last hour of their shift when possible. Employees must stay in radio contact during their meal period as they are subject to call out at any time. ARTICLE 8. l. 4 VACATION TIME Vacation time accrues to current employees hired prior to January 1, 1999 based upon their years of service with the City as follows: 1-4 years of service 5-8 years of service q ~-14 years of service 15-19 years of service 20 or more years 162 hours ~ 8.5 hours per day = 19 days 170 hours ~ 8.5 hours per day = 20 days 196 hours ~ 8.5 hours per day = 23 days 221 hours ~ 8.5 hours per day = 26 days 255 hours #~ 8.5 hours per day = 30 days Vacation hours may be carried over to the next year with the Chief's approval and the Employer's authorization. The parties further agree that all employees hired after January 1, 1999 accrue vacation time as follows. -6 mo- 1 year of service 2 - 4 years of service 5 - 7 years of service 8 - 9 years of service 10 - 14 years of service 15 - 19 years of service 20 or more years 68 hours ~ 8.5 hours per day = 8 days 102 hours @ 8.5 hours per day = 12 days 153 hours ~ 8.5 hours per day = 18 days 170 hours ~ 8.5 hours per day = 20 days 196 hours ~ 8.5 hours per day = 23 days 221 hours ~ 8.5 hours per day = 26 days 255 hours ~ 8.5 hours per day = 30 days ARTICLE 9. HOLIDAYS AND HOLIDAY PAY 1. Employees shall receive a holiday for each of the holidays listed in the City's Code of Ordinances, but no less than 14 holidays in each calendar year. The City shall pay the Employee four percent (4%) of a Patrolman First Class's pay for holiday pay. One-half of the annual holiday pay shall be paid on the first pay period in June and the other half shall be paid on the first pay period in December. *(See exhibit A attached hereto and made a part hereof3 ARTICLE 10. LONGEVITY PAY The City agrees that in addition to their normal salary, employees receive one percent (1%) of a first-class patrolman's pay for each year of service, up to a maximum of twenty (20) years. Employees shall receive longevity pay pro rata each pay period. *(See Exhibit A attached hereto and made a part hereof.) ARTICLE 11. CLOTHING ALLOWANCE 1. The City will provide all uniforms and equipment during an employee's probationary year. 2. Employees shall receive four percent (4%) of a Patrolman First Class's pay for clothing allowance. One-half of the annual clothing shall be paid on the second pay period in June and the other half shall be paid on the second pay period in November. 3. The City will provide employees with the first issue of any required change to the current uniform. *(See Exhibit A attached hereto and made a part hereof.) ARTICLE 12. WAGE 1. For 2005, the Annual Salary of Patrolman First Class shall be $35,405.84 (an increase of 3.0% from prior year). Commen. cing January 1, 2006 the Patrolman First Class salary shall increase to $36,4~8.02 (an increase of 3.0% from prior year). Commencing January 1, 2007 the Patrolman First Class salary shall increase to $37,926.74 (an increase of 4.0% from prior year). Commencing January 1, 2008 the Patrolman First Class salary shall increase to $39.443.81 (an increase of 4.0% from prior year). Newly hired employees shall be paid a Probationary salary, ten percent (10%) less than the Patrolman First Class pay, for the first year of employment, and five (5%) less than the Patrolman First Class pay for the second year of their employment. A newly hired employee that has attended the Indiana Law Enforcement Academy and/or is a certified Police Officer in the State of Indiana prior to being hired on the Jeffersonville Police Department shall receive the base salary of Patrolman First Class, but will remain a probationary Police Officer for a period of one year from date of hire. See Exhibit B attached hereto and made a part hereof for commensurate salary increases for the ranks of Corporal, Sergeant, Lieutenant, Captain, Shift Commander and Major. 8. CERTIFICATION PAY (SPECIALTY PAY) An employee receives two percent (2%) of Patrolman First Class pay per year as a certification pay for each of that employee's certifications. One-half of the annual certification pay shall be paid on the second pay period in June and the other half shall be paid on the second pay period in December. Certifications are Breathalyzer, K-9, and SWAT Team. *See Exhibit A attached hereto and made a part hereof. ARTICLE 13. SICK LEAVE 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 (1) year from the date of illness or injury, or 2) the interval between the date of illness or injury and the date of employee is released to return to duty, or 3) the interval between the date of illness or injury and the date the employee qualifies and receives pension benefits. An Employee hired prior to December 3 I. 1998 accrues, for non-line of duty illness or injury, 60 days of sick leave. Any sick days accumulated at the end of a calendar year in excess of 60 days shall be converted to compensatory time on a 2 for 1 basis with a maximum of 5 additional compensatory days that shall be carried over to the following year and used as any other compensatory time. An Employee hired, after January 1, 1999, accrues, for non-line of duty illness or injury, five (5) working days of sick leave per year for the first two years of employment. After two years of employment, the Employee accrues ten (10) days of sick leave per year of service up to 60 days of sick leave. Any sick days accumulated at the end of a calendar year in excess of 60 days shall be converted to compensatory time on a 2 for 1 basis with a maximum of 5 additional compensatory days that shall be carded over to the following year and used as any other compensatory time. 4. An employee absent from work for more than four (4) consecutive days must have a doctor's excuse when (s) he returns to work. ARTICLE 14. PAY PERIODS Employees are paid twice each month on the tenth (10th) and twenty-fifth (25th), or the last working day prior to those days, Employees receive one twenty-fourth (1/24) of their base pay plus their longevity pay and rank differential each pay period. ARTICLE 15. OVERTIME COMPENSATION The City shall pay all employees at the rate of one and one-half their normal hourly rate for all hours worked over their assigned schedule. The shift commander must approve overtime. The employee must submit an overtime slip to the shift commander and must state the reason for overtime. All leave time shall be counted as time worked for payroll purposes, ~.e. vacation, sick time and holiday time. Departmentally sanctioned overtime, and overtime for which the City is reimbursed, shall be made available to all employees on a rotating basis. Rotation shall begin with the employee with the most seniority and proceed to the employee with the least seniority. The Chief or his designee shall maintain a rotating overtime list. In the event overtime work is required, a reasonable effort shall be made to contact the next employee on the rotating list. In the event that the next employee is unavailable or chooses not to work, the next employee on the list shall be contacted. ARTICLE 16.. EMPLOYEE INSURANCE SECTION A. HEALTH INSURANCE The City will provide each employee with health insurance benefits equivalent to the plans in effect on the effective date of this contract. Employees shall each contribute monthly to the total cost of health insurance premiums in accordance with the following schedule. There shall be no change in the amount of employee contribution for the term of this agreement: 1. In the first year of the contract the contribution to the health insurance plan for FOP members to be 15% of city's cost (city to bear 85%) and prescription drug co-pay to change from $5 generic and $10 brand name to $10 genetic and $20 brand name. In 2005 15% of city's cost is $48 for single and $127 for family. For the remainder of the contract the contribution to the health insurance to be 20% of the city's cost and the city's share 80% and the co-pay on doctor office visits (commonly called preventive/wellness care) be increased from $10 per occasion to $20 and the plan deductible be raised from $50/100 to $100/250. SECTION B_. DENTAL INSURANCE The City will provide each employee with dental insurance benefits equivalent to the plans in effect on the date of the signing of this contract. There shall be no change in the amount of employee contribution for the term of this agreement. Employees shall each contribute monthly tc the total cost of dental insurance premiums in accordance with the following schedule: Coverage Type Employee Contribution Single coverage $10.00 Employee plus one coverage $20.00 Family cov~erage SECTION C. VISION INSURANCE The City will provide each employee with vision insurance benefits equivalent to the plans in effect on the date of signing of this contract. The City will pay the cost of all vision benefits for both the employee and their family. SECTION D. LIFE INSURANCE The City will provide each employee with term life insurance with a death benefit of at least $65,000.00 at no cost to the employee. Life insurance benefits shall be reduced by 35% at age 65 and 50% at age 70. Benefits terminate upon retirement or separation. ARTICLE 17. RETIREE INSURANCE Until a retired city employee of surviving spouse is eligible for Medicare coverage the City shall pay sixty percem (60%) of the retired city employee's or surviving spouse's city insurance premium if the retired city employee or surviving spouse elects family or single coverage benefits. When a retired city employee or surviving spouse becomes eligible for Medicare coverage the retired city employee or surviving spouse's eligibility for participation in the city insurance shall automatically terminate. ARTICLE 18, RETIREE BENEFITS, 1925 FUND The surviving spouse of an employee who retired under the 1925 Police Pension Fund shall receive 50% of the annual salary of a 20-year First Class Patrolman each year, payable on a monthly basis, for the balance of the spouse's life. ARTICLE 19. RANK DIFFERENTIAL Commencing January 1, 2000, a Corporal shall receive no less than five percent (5%) more than a Patrolman. A Sergeant shall receive no less than ten percent (10 %) more than a Patrolman. A Lieutenant shall receive no less than fi~een percent (15%) more than a Patrolman. A Captain shall receive no less than twenw percent (20%) more than a Patrolman. A Shif-t Commander, Chief of Detectives shall receive no less than twenty-five percent (25%) more than a Patrolman. A Major shall receive ne less than thLrty percent (30%) more than a palxolman. This compensation is based solely on rank, and is exclusive of any other salary increases. *(See Exhibit B attached hereto and made a part hereof.) ARTICLE 20. BEREAVEMENT LEAVE If there is a death in the immediate family of an employee, necessary time for the attendance of the funeral and to take care of personal matters related to the death shall be approved with pay within the following limitations. For death of: 2. 3. 4. Spouse, child or foster child, up to five (5) working days off; Mother, father, brother, sister or grandchild, up to three (3) days off; Spouse's mother, father, brother or sister, up to three (3) days off; Grandparent of employee or spouse up to three (3) working days off. ARTICLE 21. SAVING CLAUSE Should any article, section or portion of this agreement be held unlawful and unenforceable by any court of competent and final jurisdiction, such decision of the court shall apply only to the specific article, section or portion involved and shall not invalidate the remaining portions of this agreemenT. ARTICLE 22. ASSIGNMENT OF RANK AND FILING VACANCIES Any change in the total amount of rank or positions, listed below, available to Employees of the Jeffersonville Police Department shall be determined by the provisions of this agreement. 6 Majors 6 Shift Commanders 7 Captains 5 Lieutenants 7 Sergeants 7 Corporals In the event a vacancy occurs in any of the above listed ranks or positions said vacancy shall be filled within thirty (30) days. If, for any reason, the rank or position vacancy cannot be filled within the thirty (30) day period the officer eventually promoted or selected to fill the vacancy shall receive back pay at the rank or position rate as if the vacancy had been filled within thirty (30) days of the vacancy first occurring. ARTICLE 23,. MAINTENANCE OF EQUIPMENT The City agrees to maintain all equipment under their control and all equipment assigned or issued to members of the Jeffersonville Police Department in good repair and working order. Longevity, Holiday, Clothing, Special Pay 2005 2006 2007 2008 1 yr, 354.06 364.68 379.27 394.44 2yrs, 708.12 729.36 758.53 788.88 3,yrs. 1062.18 1094.04 1137.80 1183.31 4yrs. 1416.22 1458.72 1517.07 1577.75 5yrs. 1770.28 1823.40 1896,34 1972.19 6 Frs. 2124.34 2188.08 2275.60 2366.63 7 yrs. 2478.39 2552.76 2654.87 2761.07 8 yrs. 2832.45 2917.44 3034.14 3155.50 9 yrs. 3186.50 3282.12 3413.41 3549.94 10 yrs. 3540.56 3646.80 3792.67 3944.38 11 yrs. 3894.62 40t 1,48 4171.94 4338.82 12 yrs. 4248.67 4376.16 4551.2l 4733.26 13 yrs. 4602.73 4740.84 4930.48 5 t 27.70 14 yrs. 4956,78 5105.52 5309.74 5522.13 15 yrs. 5310.84 5470.20 5689.0l 5916.57 16 yrs. 5664.90 5834.88 6068.28 6311.01 17 yrs. 6018.95 6199.56 6447.55 6705.45 18 yrs. 6373.01 6564.24 6826.81 7099.89 19 yrs. 6727.06 6928.92 7206.08 7494.32 20 yrs. 7081.12 7293.60 7585.35 7888.76 Holiday 1416.23 1458.72 1517.07 1577.75 Clothing 1416.23 1458.72 1517.07 1577.75 Special 708.12 729.36 758.35 788.88 EXIllBIT A WITNESS THE SIGNATURES OF THE PARTIES THIS ~D~'~q DAY OF ~-~ 0o rc-t ~r'~ f'" ,2004 THE CITY OF JEFFERSONVILLE. IN. ATTEST: JEFFERSONVILLE COMMON COUNCIL/~//~ JEFFERSONVILLE CITY MAYOR CLERK-TREASURER FRATERNAL ORDER OF POLICE JEFFERSONVILLE LODGE #10~0 ~/// ATTEST: ,~ ~~ LABOR COUNCIL