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HomeMy WebLinkAbout1999-OR-18 99-OR-18 ORDINANCE APPROVING THE 1999 FOP CONTRACT WHEREAS, on /~,? ,~' , 1998 the Common Council of the City of Jeffersonville (the"Council") adopted Resolution No. 98-R- /~' recognizing 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 have negotiated a contract for calendar years 1999-2001 (the "Contract"); and WHEREAS, the Council believes it is in the best interest of the citizens and taxpayers of the City that the City enter into the Contract. NOW, THEREFORE, IT IS HEREBY ORDAINED that the Council does hereby approve and adopt the provisions of the Contract attached hereto as Exhibit A and incorporated by reference herein. Approved and signed by me this Z,5~'day of ~,~41y , 1999. ~llig&n Presiding Officer ATTEST: C F~ch~rd Spencer, Or Clerk and Treasure"~ Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana this ~_J'"day of ,~"/~y ,1_999. C. R~c-hard Spence ,~ . ~ Clerk and Treasurer ,~,,~.½)his Ordinance approved and signed by me this ~'"'~ay of City of Jeffersonville ~ 2 J FF£Ye OMV£LL , AGREE1VIENT BETWEEN City of Jeffersonville and Indiana Fraternal Order of Police Labor Council, Inc. Effective January 1, 1999 through December 31, 2001 TABLE OF CONTENTS PREAM~BLE ARTA ART.2 ART~ ART.4 ART~ ART~ ART.7 ARTS ART~9 ART. lO ARTA1 ARTA2 ART.13 ARTA4 ARTA5 ARTA6 ART.17 ART.I$ ART.19 ART.20 ART.21 ART-22 ART.23 ART.24 ART.25 RECOGNYFON TERM OF AGREEMF~NT MANAGEMENT RIGHTS DISCRIMINATION DF, DUCTON O~ DUES HOLrRS OF EMPLOYMENT MEAL PERIODS VACATION TIME HOLIDAYS AND HOLIDAY PAY LONGEVITY PAY CLOTFrlNG ALLOWANCE SALARY INCREASE PAY PERIODS COURT PAY OVERTIME COMPENSATION RETIRF, D OFFICERS' BENF, I~ITS E1V[PLOYEE INSURANCE RETIREE INSURANCE RETIREE BENEFrrs, 1925 RANK DIFFERENTIAL BERF, AVE1WF~NT I,F, AVE BULLETIN BOARD SAVINGS CLAUSE ASSIGNMENT OF RANK SIGNATURE AND APPROVAL PAGE PREAMBLE A. 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: 1) safety of the employees, 2) economy, and efficiency of operation, 3) elimination of waste, 4) realization of maximum quantity and quality of police services, 5) maintenance of police discipline, 6) protection of citizens' fights and property, and 7) preservation of the peace without interruption. B. This agreement 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 employment. 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. C. The parties to this agreement will cooperate fully to secure the advancement of the objectives as stated above. ARTICLE 1. RECOGNITION The employer hereby recognizes the FOP, 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. ARTICLE 2. TERM OF AGREEMF NT A. This agreement is effective from January 1, 1999 through December 31, 2001. Both the FOP and the City understand that term of this agreement allows both parties the oppormnlty to become accustomed to the agreement and to resume negotiations to work out any disputes regarding interpretation of the agreements' terms. B. Commencing no later than June 15th, 2001, the FOP and the City shah begin negotiations to modify or amend this agreement for 2002 and subsequent years. C. If negotiations extend beyond the expiration date of this agreement, the terms and provisions of this agreement shah nonetheless remain in full force and effect until the parties enter into a new agreement. D. By mutual consent expressed in writing and signed by both parties, the FOP and City may renegotate any article of this agreement during its term. _ARTICLE 3. ^_x o_p $po sm rrn s A. The FOP recognizes the prerogatives of the Employer to operate and manage the Jeffersonville Police Department's affairs in all respects in accordance with its responsibilities and powers of authority. B. The Employer has the right to schedule overtime and work as required in a manner most advantageous to the Police Department and consistent with requirements of municipal employment and public safety. C. The employer reserves the right to discipline and discharge for just causes. The Employer reserves the right to lay offpersonnd for lack of work or funds, for the occurrence of conditions beyond the control of the department, or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedule of work and to establish the methods and processes by which such work is performed. D. No policies or procedures covered in this agreement shall be construed 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. 1. 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 abopted by the City Council, recommending an annual budget, or directing the proper performance of al/executive departments. 2. The responsibility of the City Council for the enactment of ordinances and the appropriation of money. 3. The responsibility of the Police Chief for determining employee classifications, establishing reasonable rules and regulations, disciplinary actions, certifying payrolls, and the reviewing of appointments in the Department. 4. The responsibility of the Police Chief as governed by statutory p owsmns, ordinances, and departmental rules and as limited by the provisions of this agreement: a. To recruit, assign, transfer or promote employees to positions within the department, b. To suspend, demote, discharge or take other disciplinary action against employees for just cause, c. To relieve employees from duties because of lack of work, lack of funds, or for disciplinary reasons, d. To determine methods, means, and employees necessary for departmental operations,. e. To control the departmental budget, and, f. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. E. It is agreed by the Employer and the FOP that the City is obligated, legally and morally, to provide equality of opportunity, consideration, and treatment of all members of the Police Department and to establish policies and regulations that will insure such equality for all members employed by the Police Department in aH phases of the employment process. F. It is further intended that this agreement and its supplements shah be an implementation of the authority of the Mayor, the City Council, and the Police Chief, and rules and regulations promulgated by the Police Chief. G. The Chief of Police shah have 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 shah be given advance notice of anticipated major changes in working conditions, and conferences in good faith shah be held thereon before they are placed in effect. Emergency situations shall be exempted from this provision. ,ARTICLE 4. DISCRIMINATION The City shall not discriminate against any employee for their activity in behalf of, or membership in, the FOP. The City shah not discriminate agaln.~t any employee because of race, sex, creed, religion, national origin, or political affiliation. ARTICLE 5. DEDUCTION OF DUES The City will implement a dues-deduction system, within thirty 00) days after receiving notification from the President of the Jeffersonville FOP lodge that the FOP has determined there is a need for such a system. If a dues-deduction system is implemented, the City must deduct dues semi-monthly from the pay of any employee who requests such a deduction in writing. The Secretary-Treasurer of the Jeffersonville FOP lodge must certify to the City the amount of the dues to be deducted. The City must remit the total amount of the deductions to the Secretary- Treasurer of the Jeffersonville FOP lodge monthly. ARTICLE 6. HOURS OF ENIPLOYMENT The regular work week schedule of an employee shall be: A. Uniform Division shall work a Four (4) day on duty and two (2) off duty schedule. If a uniform officer is called in for duty on their off day or unscheduled hours of duty, they will be paid their overtime rate of pay for the hours worked. The uniform division rotates shifts monthly. Uniform Division shift schedules: First shift: 6:00 a.m. to 2:30 p.m. Second shift: 2:00 p.m. to 10:30 p.m. Third shift: 9:30 p.m. to 6:00 a.m. B. Detective division shift schedules: Monday through Friday with flexible hours as established by the City. The City may create another Detective division shift. Detective division hours and schedules: Detective division regular workweek is Monday through Friday. Detective division regular word hours are set by the City. ARTICLE 7. MF~AL PERIODS Employees shall be granted a forty-five (45) minute meal period per shift. 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 lime. ARTICLE 8. VACATION TI34F~ A. Vacation time accrues to current employees based upon their years of service with the City as follows: 1-4 Years of service 5-9 Years of service 10-14 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 B. Vacation hours may be carried over to the next year with the Chief's approval and the Employer's authorization. C. The Parities fnrther agree that all employees hired after the date of this Contract shall accrue vacation time as follows: 6mo-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 ARTH,CE 9. HOLIDAYS AND HOLIDAY PAY A. 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. B. Commencing January 1, 2000, the City shall pay the Employee three and one quarter percent (3.25%) of a Patrolman First Class's pay for holiday pay. C. Commencing January 1, 2001, and each year thereafter, the City shall pay the Employee four percent (4%) of a Patrolman First Class's pay for holiday pay. D. One-half of the ~nnnal holiday pay shall be paid on the first pay period in June and the other half shah be paid on the first pay period in December. ,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 20 years. Employees shall receive longevity pay pro rata each pay period. A_RT!CLE !L CLOT_.HrNG A~-~,LOWANCE. A. All uniforms and equipment will be provided, by the City, during an employee's probationary year. B. Commencin~ January 1, 2000, Employees shah receive three and one quarter percent (3.25%) of a Patrolman First Class's pay for clothin~ allowance. C. Commencing January 1, 2001, and each year thereafter, Employees shah receive four percent (4%) of a Patrolman First Class's pay for clothing allowance. D. One-half of the annual clothing allowance shah be paid on the second pay period in June and the other half shaH be on the second pay period in December. E. Employees will be provided, by the City, with the first issue of any change to the current uniform required. ARTICLE 12. WAGE A. For 1999, the Annual Salary of a Patrolman First Class shall be $28,103.00. B. Commencing January 1, 2000 the Patrolman First Class's salary shall increase no less than four and one half percent (4.5%). C. Commencing January 1, 2001 the Patrolman First Class's salary shall increase no less than four percent (4%). D. Employees hired after the date of this contract shall be paid a Probationary salary, ten percent (10%) less than the Patrolman First Class pay, for the first year of employment, and five percent (5%) less than the Patrolman First Class pay for the second year of their employment. E. An Employee hired after the date of this contract 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 a Patrolman First Class, but will remain a probationary Police Officer for a period of one year from date of hire. F. CERTIFICATION PAY Commencing January 1, 2000, that employees shall receive two percent (2%) of Patrolman First Class pay per year as a certification pay. One-half of the annual certification pay shah be paid on the second pay period in June and other half shall be on the second pay period in December. Certifications are Breathalyzer, K-9, or SWAT Team. ARTICLE 13. SICK LEAVE A. 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 a period of time not to exceed one (1) year from the date of illness or injury, or until such time the Officer is returned to duty, or qualifies and receives pension benefits. A current Employee shall accrue, for non line of duty illness or injury, ten (10) working days of sick leave per year of service, up to a total of 40 days of sick leave. Any Employee hired, after the date of this contract, shall accrue, 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 service, the Employee shall accrue ten (10) days of sick leave per year of service up to forty (40) days of sick leave. D. An employee absent from work for more thau four (4) consecutive days must have a Doctor's excuse when they return to work. ARTICLE 14. PAY PERIODS Employees are paid twice each month on the tenth (10m) and twenty- fifth (25m), or the last working day prior to those dates. Employees receive one twenty-fourth (1/24) of their base pay plus their longevity pay and rank differential each pay period. ARTICLE 15. COURT PAY Employees are currently paid twenty-five dollars ($25.00) per month for court pay. Commencing January 1, 2000 the City shall add three hundred dollars ($300.00) to the current base pay of a First Class Patrolman. Court pay will then no longer apply. ARTICLE 16. OVERTI34E COMPENSATION A. The City shah pay aH employees at the rate of one and one-half their normal hourly rate for aH 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 shah be counted as time worked for payroll purposes, i.e. vacation, sick time and holiday time. B. Departmentally sanctioned overtime, and overtime for which the City is reimbursed, shah 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 beast seniority. The Chief or his designee shaH maintain a rotating overtime fist. In the event of overtime, a reasonable effort shah be made to contact the next employee on that fist. In the event that the next employee is unavailable or chooses not to work, the next employee on the fist shah be contacted. ARTICLE 17. RETIRED OFFICERS' BENEFITS An employee with twenty (20) or more years of service receives their badge and service weapon from the city upon their retirement from active service. The retired employee is also presented with a retirement badge and identification card. ARTICLE 18. EMPLOYEE INSURANCE SECTION A. HEALTH INSURANCE The City will provide each employee with health insurance benefits equivalent to the plans in effect on the date of the signing of this contract. Employees shall each contribute monthly to the total cost of health insurance premiums in accordance with the fofowing schedule, any change greater that ten percent (10%) may be renegotiated: ~ Em 1o ee Contribution Single coverage Family coverage $1.00 $80.00 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. Employees shaft each contribute monthly to the total cost of dental insurance preminms in accordance with the fofowing schedule: ~ Employee Contribution. Single coverage Employee plus one coverage Fam~y coverage $10.00 $20.00 SECTION C. VISION INSURANCE The City will provide each employee 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 afl 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 $50,000.00 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 19. RETIREE INSURANCE A. No change will be made to the required contribution made by a Retired Employee for insurance. B. Retiree health insurance will be renegotiated when additional information is received, after completion of an actuary study. ARTICLE 20. 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 21. RANK D]lq'FERENT[4~L Commencing January 1, 2000, that a Corporal shah 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 fifteen percent (15%) more than a Patrolman. A Captain shah receive no less than twenty percent (20%) more than a Patrolman. A Shift Commander, Chief of Detectives shah receive no less than twenty-five percent (25%) more than a Patrolman. A Major shall receive no less than thirty (30%) more than a Patrolman. This compensation is based solely on rank, and is exclusive of any other salary increases. ARTICLE 22. 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 the death of: 1) Spouse, child or foster child, not exceed five (5) working days off; 2) Mother, father, brother, sister or grandchild, not to exceed three (3) days off, 3) Spouse's mother, father, brother or sister, not to exceed three (3) working days off, 4) Grandparent of employee or spouse not to exceed three (3) working days off. ARTICLE 24. SAVING CLAUSE Should any article, section, or portion of this agreement be held .nlawful 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 25. ASSIGNMENT OF RANK Any change in the total amount of rank or positions, listed below, available to Employees of the Jeffersonville Police Department shall be deter,Jilned by the provisions of this agreement. 4 Majors 6 Shift Commanders/Chief of Detective 7 Capt~ina 5 Lieutenants 7 Sergeants 7 Corporals wrr~ss T.W SXG~.Ttan;S OV X--~, P~Tn;S DAY OF ~q~ ,1999 ~ CITY OF JEFFERSONVILLE, IN. JEI~ERSONVII,LE COMMON COUNCIL JEFFERSONVILLE C~ R ATTEST: CLERK. TREA~]3/ FRATERNAL ORDER OF POLICE JEFFERSONV!LLE LODGE #100 ATTEST: