HomeMy WebLinkAbout2001-R-29RESOLUTION ADOPTING THE 2002
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 1999 through 2001 that (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.
Approved and signed by mefl~li~7 da~ of
Presiding Officer
ATTEST:
Peggy~ai~der~ -
Clerk-Treasurer
AGREEMENT BETWEEN
City of Jeffersonville
and
Indiana Fraternal Order of Police
Labor Council, Inc.
Effective
January 1, 2002 through December 31, 2004
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
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 and quality of police services,
maintenance of police discipline,
protection of citizens[~ rights and property, and
preservation of the peace without interruption.
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.
The parties to this agreement will cooperate fully to secure the advancement of the
objectives stated above.
ARTICLE 1.
RECOGNITION
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.
4
ARTICLE 2.
TERM OF AGREEMENT
This agreement is effective from January 1, 2002 through December 31, 2004. Both the
FOP and the City understand that the term of this agreement allows both parties the
opportunity to become accustomed to the agreement and to resume negotiations to work
out any disputes regarding interpretation of the agreement' s terms.
Commencing no later than June 15, 2004 the FOP and the City shall begin negotiations to
modify or amend this agreement for 2005 and subsequent years.
o
If negotiations extend beyond the expiration date of this agreement, the terms and
provisions of this agreement shall nonetheless remain in full fome and effect until the
parties enter into a new agreement.
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
The FOP recognizes the prerogative 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.
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.
The Employer reserves the right to discipline and discharge for just causes. The
Employer reserves the right to lay offpersounel 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 has the fight to determine
reasonable schedules of work and to establish the methods and processes by which such
work is performed.
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.
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.
The responsibility of the City Council for the enactment of ordinances and the
appropriation of money.
The responsibility of the Police Chief for detemfining employee classifications,
establishing reasonable rules and regulations, disciplinary actions, certifying
payrolls, and the reviewing of appointments in the Department.
The responsibility of the Police Chief as governed by statutory provisions,
ordinances, and departmental rules and as limited by the provisions of this
agreement:
2.
3.
4.
To recruit, assign, transfer or promote employees to positions within the
department.
To suspend, demote, discharge or take other disciplinary action against
employees for just cause.
To relieve employees from duties because of lack of work, lack of funds,
or for disciplinary reasons.
To determine methods, means, and employees necessary for departmental
6
operations.
To control the departmental budget, and,
To take whatever actions are necessary in emergencies in order to assure
the proper functioning of the department.
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 all phases of the employment
process.
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 Chief.
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, the FOP. The City shall not discriminate against any employee because of race,
sex, creed, religion, national origin, or political affiliation.
ARTICLE 5.
DEDUCTION OFDUES
The City will implement a dues-deduction system, within thirty (30) days after receiving
notification from the President of the Jeffersonville FOP Lodge that the FOP has determined
there is a need for such a system. Ifa 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
mount 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: 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.
2. Detective Division shift schedules:
Monday through Friday with flexible hours as established by the City.
The City may create another Detective Division shift.
10
ARTICLE 7.
MEAL 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 time.
11
ARTICLE 8.
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
5-9 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
Vacation hours may be carded over to the next year vfith 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
12
ARTICLE 9.
HOLIDAYS AND HOLIDAY PAY
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%) ora Patrolman First Classf 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 Exhibits A, B and C attached hereto and made a part hereof.
13
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 Exhibits A, B and C attached hereto and made a part hereof.)
14
ARTICLE 1 I.
CLOTHING ALLOWANCE
The City will provide all uniforms and equipment during a~ employee' s probationary
year.
Employees shall receive four percent (4%) of a Patrolman First Classf s pay for clothing
allowance.
One-half of the annual clothing allowance shall be paid on the second pay period in June
and the other half shall be paid on the second pay period in December.
The City will provide employees with the first issue of any required change to the current
uniform.
*(See Exhibits A, B and C attached hereto and made a part hereof.)
15
ARTICLE 12. WAGE
For 2002, the Annual Salary of Patrolman First Class shall be $31,934.78 (an increase of
3.5% from prior year).
Commencing January 1, 2003 the Patrolman First Class salary shall increase to
$33,052.50 (an increase of 3.5% from prior year).
o
Commencing January 1, 2004 the Patrolman First Class salary shall increase to
$34,374.60 (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 percent (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 D attached hereto and made a part hereof for commensurate salary increases
for the ranks of Corporal, Sergeant, Lieutenant, Captain, Shift Commander and Major.
7. CERTIFICATION 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, or SWAT Team.
16
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 mount of wage
benefits to which they would have received under worker' s compensation, if any, and the
amount they would have received i£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 the employee is released to return to duty, or 3) the interval between the date of
illness or injury and the date the employee qualifies and receives pension benefits.
An Employee hired prior to December 31, 1998 accrues, for non-line of duty illness or
injury, ten (10) working days of sick leave per year of service, up to a total of 45 days of
sick leave in 2002, 55 days of sick leave in 2003 and 60 days of sick leave in 2004.
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 45 days of sick leave in 2002, 55 days of sick leave in 2003 and 60 days of
sick leave in 2004.
o
An employee absent from work for more than four (4) consecutive days must have a
doctor' s excuse when (s)he returns to work.
17
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 dates.
Employees receive one twenty-fourth (1/24) of their base pay plus their longevity pay and
rank differential each pay period.
18
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, i.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.
19
ARTICLE 16.
SECTION A.
EMPLOYEE INSURANCE
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 following
schedule. Them shall be no change in the mount of employee contribution for the term of this
agreement:
Coverage Type
Employee 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. There shall be no change in the amount
of employee contribution for the term of this agreement. Employees shall each contribute
monthly to the total cost of dental insurance premiums in accordance with the following
schedule:
Coverage Type
Employee Contribution
Single coverage
Employee plus one coverage
Family coverage
-0-
$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 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 $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.
20
ARTICLE 17. RETIREE INSURANCE
No change will be made to the required percentage of contribution made by a Retired
Employee for insurance.
21
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.
22
ARTICLE 19.
RANK DIFFERENTIAL
Commencing January 1, 2000, that 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 fifteen percent (15%) more than a Patrolman.
A Captain shall receive no less than twenty percent (20%) more than a Patrolman. A Shift
Commander, Chief of Detectives shall receive no less than twenty-five percent (25%) more than
a Patrolman. A Major shall receive no less than thirty percent (30%) more than a Patrolman.
This compensation is based solely on rank, and is exclusive of any other salary increases.
*(See Exhibit D attac~hCd 3!ereto and made a part hereof.)
23
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 the 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) working days off,
Grandparent of employee or spouse up to tlu'ee (3) working days off.
24
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.
25
ARTICLE 22. 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 determined by the provisions of this agreement.
4 Majors
6 Shift Commanders
7 Captains
5 Lieutenants
7 Sergeants
7 Corporals
Vv~ITNESS THE SIGNATURES OF THE PARTIES THIS ~ cl DAY OF ~4c~ot~dca~. 2001
THE CITY OF JEFFERSONVILLE, IN.
JEFFERSONVILLE COMMON COUNCIL
FFERSONVI~L~C~ MAYOR
ATTEST:
CLERK-TREASURER
FRATERNAL ORDER OF POLICE
JEFFERSONVILLE LODGE #100
PRESIDENT
VICE-PRESIDENT
ATTEST:
SECRETARY
LABOR COUNCIL
27
WITNESS THE SIGNATURES OF THE PARTIES THIS iq
THE CITY OF JEFFERSONVILLE, IN.
DAY OF NO.~'~, 2001
/
ATTEST:
JEFFERSONVILLE COMMON COUNCIL
F~ER~S ~ONViLL E~M ~~y~R~
CLERK-TREASURER
FRATERNAL ORDER OF POLICE
JEFFERSONVILLE LODGE #100
PRESIDENT
VICE-PRESIDENT
SECRETARY
ATTEST:
LABOR COUNCIL
27
WITNESS THE SIGNATURES OF THE PARTIES THIS t (5~ DAY
THE CITY O~EFFERSONVILLE, IN.
/
ATTEST:
CLERK-TREASURER
JEFFERSONVILLE COMMON COUNCIL
FRATERNAL ORDER OF POLICE
JEFFERSONVILLE LODGE #100
PRESIDENT
VICE-PRESIDENT
ATTEST:
SECRETARY
LABOR COUNCIL
27
WITNESS THE SIGNATURES OF THE PARTIES THIS IC~ DAY OF
THE CITY OF JEFFERSONVILLE, IN. ~
,2001
JEFFERSONVILLE .'OMMON COUNCIL
RSONVILL'I~CI~IAYOR
ATTEST:
FRATERNAL ORDER OF POLICE
JEFFERSONVILLE LODGE #100
PRESIDENT
VICE-PRESIDENT
ATTEST:
SECRETARY
LABOR COUNCIL
27
2002 Longevity, Holiday, Clothing and Specialization Pay
year $ 319.35 11 years
years $ 638.70 12 years
years $ 958.05 13 years
years $1,277.40 14 years
years $1,596.75 15 years
6 years $1,916.10 16 years
7 years $2,235.45 17 years
8 years $2,554.80 18 years
9 years $2,874.15 19 years
10 years $3,193.50 20 years
$3,512.85
$3,832.20
$4,151.55
$4,470.90
$4,790.25
$5,109.60
$5,428.95
$5,748.30
$6~067.65
$6,387.00
Annual Holiday Pay
Annual Clothing Pay
Annual Specialization Pay
$1,277.40
$1,277.40
$ 638.70
Exhibit A
2003 Longevity, Holiday, Clothing and Specialization Pay
1 year $ 330.52 11 years
2 years $ 661.04 12 years
3 years $ 991.56 13 years
4 years $1,322.08 14years
5 years $1,652.60 15years
6 years $1,983.12 16 years
7 years $2,313.64 17 years
8 years $2,644.16 18 years
9 years $2,974.68 19 years
10 years $3,305.20 20 years
Annual Holiday Pay
Annual Clothing Pay
Annual Specialization Pay
$1,322.08
$1,322.08
$ 661.04
$3,635.72
$3,966.24
$4,296.76
$4,627.28
$4,957.80
$5,288.32
$5,618.84
$5,949.36
$6,279.88
$6,610.40
Exhibit B
2004 Longevity, Holiday, Clothing and Specialization Pay
1 year $ 343.75 11 years
2 years $ 687.50 12 years
3 years $1,031.25 13 years
4 years $1,375.00 14 years
5 years $1,718.75 15 years
6 years $2,062.50 16 years
7 years $2,406.25 17 years
8 years $2,750.00 18 years
9 years $3,093.75 19 years
10 years $3,437.50 20 years
Annual Holiday Pay
Annual Clothing Pay
Annual Specialization Pay
$1,375.00
$1,375.00
$ 687.50
$3,781.25
$4,125.00
$4,468.75
$4,812.50
$5,156.25
$5,500.00
$5,843.75
$6,187.50
$6,531.25
$6,875.00
Exhibit C