HomeMy Public PortalAbout152-2004 - PoliceAGREEMENT
This Agreement executed as of the 5th day of November, 2004, although signatures may be
subsequently affixed, is between the City of Richmond, Indiana, (hereafter called "City") and
John Hennigar Lodge #53, Fraternal Order of Police, on behalf of those members of the
Richmond Police Department as described in Article 3 (hereafter called "F.O.P. Bargaining
Unit",) and shall hereafter be binding on both parties upon adoption and during the term of this
Agreement.
WITNESSETH:
The parties enter into the Agreement for the purpose of promoting cooperation and continuity in
the relations between City and F.O.P. Bargaining Unit, in consideration of the promises,
obligations, and undertaking of each party as contained herein, agree as follows:
ARTICLE I. CONTROLLING AUTHORITY
Nothing in this Agreement shall alter the authority of those persons mentioned in the preceding
paragraphs as specified by State Statute, City Ordinance, or Resolutions or in any way abridge or
reduce the authority of said persons. The parties acknowledge that City has adopted a "Merit
System" for the operations of its Police Department; and should the terms of this Agreement
conflict with any such adopted "Merit System", the provisions of such "Merit System" shall
override the provisions of this Agreement.
ARTICLE 2. MANPOWER
Effective the date of this Agreement, the current size of the City Police force is deemed
appropriate. The Chief of Police has the responsibility of determining the number of police
officers to be off -duty at any one time in order to avoid a shortage of manpower.
Any subsequent increase or decrease in the size of the police force shall be based on
demographic statistics and factors deemed reasonable to maintain the public safety of the City.
Such factors and statistics shall include, but are not limited to, the local crime rate and national
"Uniform Crime Reports" as published by the U. S. Department of Justice.
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Contract No.152-2004
ARTICLE 3. RECOGNITION
The City recognizes the F.O.P. Negotiating Committee for the F.O.P. Bargaining Unit as
representatives for members of the Richmond Police Department with the rank of Patrolman,
Investigator, Sergeant, Lieutenant, and Captain. The Negotiating Committee of the F.O.P.
Bargaining Unit shall be made up of active members of the Richmond Police Department who
are also F.O.P. members, in good standing with the John Hennigar Fraternal Order of Police,
Lodge #63. The F.O.P. Negotiating Committee shall consist of five (5) members; President of
John Hennigar #63, Past Chairman of the Negotiating Committee and three additional members.
In the event the F.O.P. President is not a member of the Richmond Police Department, a fifth
member will serve in his capacity. The three or (four members if the F.O.P. President is not a
member of the Richmond Police Department) shall be appointed in the following manner:
Members interested in serving on the Negotiating Committee shall be nominated and elected at
the annual Pension Board Meeting. If more than three members are nominated, (four, if needed
as established above), an election shall be held at the Pension Board Meeting. The three (or four)
members receiving the highest number of votes will serve. In a case where the President of John
Hennigar #63 is also past chairman, the 1st alternate, being the person receiving the next high
number of votes, will serve as a member. In the event a committee member resigns during the
course of his/her term, the position, as well as the election date, will be posted at the department
for two weeks. During this time period, written nominations shall be made to committee
members. Committee members will then check with those nominated, making sure they accept
their nomination. An election will then be held. The F.O.P. Negotiating Committee may bargain
on the following matters: A. Wages; B. Hours; C. Fringe Benefits; D. Working Conditions. This
Agreement shall not abridge the right of any member of the Richmond Police Department, whose
rank is Patrolman, Investigator, Sergeant, Lieutenant and Captain to take up any matter on his or
her own. Further, this Agreement will apply to all applicable Richmond Police Department
Officers who are not members of the F.O.P., John Hennigar #63.
ARTICLE 4. MANAGEMENT RESPONSIBILITIES
The F.O.P. Bargaining Unit recognizes the responsibility and authority of the City to determine a
continuing efficient working relationship with the Bargaining Unit, and the fundamental
responsibility to direct and establish reasonable rules, which are enforced subject to the grievance
procedure and/or merit system.
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ARTICLE 5. NON-DISCRIMINATION
Neither party to this Agreement shall permit any discrimination against any person because of
race, color, creed, sex, political affiliation, or national origin, nor shall either party to this
Agreement discriminate against any person because of such person's participation in this
Agreement.
ARTICLE 6. SEVERABILITY
Should any part hereof or any provisions herein be rendered or declared illegal by reason of any
existing or subsequent statute or ordinance, or court, such invalidation shall not effect the
remaining portion of this Agreement. Any such clause declared illegal shall be re -negotiated by
the parties heretofore.
ARTICLE 7. NEGOTIATIONS
Reasonable provision shall be made by the City to permit members of the F.O.P. Bargaining Unit
to attend scheduled meetings with the City for the purpose of negotiating. This will include such
on -duty members, but subject to the "Manpower Rule" as defined.
ARTICLE S. MEETINGS AND CONFERENCES
A. Delegates.
Selection or elected delegates to the State or National Conferences of the Fraternal Order of
Police (hereafter called F.O.P.) shall be governed exclusively by the F.O.P. provided that not
more than four (4) members of the Richmond Police Department shall be delegated to such
conferences, limited by the "Management Rule" as defined.
B. Meetin s of the F.O.P.
It is understood by the parties to this Agreement that the F.O.P. conducts regular meetings.
Accordingly and in keeping with the above, any three members of the F.O.P. Bargaining Unit
shall be excused for the duration of said meeting subject to the "Manpower Rule" as defined.
C. In the event that any member should be elected to an office of the State or National F.O.P.
Lodge, that member shall have all necessary time off from his duties, without loss of pay to
perform the duties as required by his office.
The only exception would be, should the City (Board of Works and Safety) officially declare a
state of emergency, this exception would only last during said emergency.
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ARTICLE 9. F.O.P. BULLETIN BOARD
A bulletin board for the exclusive use of the Fraternal Order of Police shall be retained on a wall
of the police squad room, Police Headquarters, and maintained under the supervision of the
F.O.P. President or his designee.
ARTICLE 10. LEGAL DEFENSE FOR MEMBERS
The City shall be obligated to provide legal defense by the City Attorney's Office or the City's or
the Police Department's insurance carrier in any civil legal action brought against any member of
the F.O.P. Bargaining Unit as a result of actions taken by said members while performing duties
for the City in accordance with I.C. 34-4-16.5-5.
ARTICLE 11. NO STRIKE CLAUSE, NO LOCKOUTS
The F.O.P. Bargaining Unit agrees that it shall at no time instigate, or be a party to any strike or
any other type of disruption which may jeopardize public safety. The City agrees there will be no
lockout or any attempt to deny or cause to deny a police officer his or her individual rights of
expression permitted by law.
ARTICLE 12. WORKFORCE PLANNING
If it becomes necessary to reduce the number of police officers, the City shall first discuss the
matter with the F.O.P. Negotiating Committee for the purpose of explaining the reasons for such
action. The parties assume normal attrition will satisfy the possibility of reducing the number of
police officers without layoff. When attrition reduces the size of the police force, a hiring
process for replacements shall begin within a thirty (30) day period.
ARTICLE 13. RULES AND REGULATIONS
A copy of all rules and regulations shall be furnished to each member of the Police Department.
The copy may be provided by either printed copy or electronic compact disc. All directives and
amendments shall be read by the Captain or his or her representative and signed by everyone in
each platoon or specialized division. A member is not responsible for an amendment or directive
if he or she is not made aware of it.
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ARTICLE 14. DISCIPLINARY ACTION
In an effort to ensure that disciplinary action is conducted in a manner, which is conducive to
good order, upon receipt of any internal or external complaint regarding a member of the
bargaining unit, the Chief of Police or his designee must give written notice of the complaint to
such member within 72 hours after its receipt. In the event said member cannot be reached
during this period, reasonable and documented efforts shall be maintained until which time
notification is made. No notice need be given in instances where the alleged misconduct is
criminal in nature or is of an ongoing nature, such that it would be necessary or advisable to
investigate the matter without the member's knowledge.
ARTICLE 15. GRIEVANCE PROCEDURE
A grievance is any dispute, controversy or difference between either 1) the parties, 2) the City
and a member or members in the F.O.P. Bargaining Unit, 3) among members in the F.O.P.
Bargaining Unit. Any grievance concerning the meaning, interpretation or application of this
Agreement shall follow the following described procedure, but any other grievance may likewise
follow this procedure. Police Department will provide the grievance forms. The grievance
committee shall be made up of the standing F.O.P. Negotiating Committee. The member filing
the grievance will complete and submit his or her grievance, two (2) copies, to the committee
within five (5) calendar days of the member becoming aware of the incident he or she feels
aggrieved them, for review by the grievance committee. Upon receipt of the two copies of the
grievance, the committee chairman, or his designee, will immediately forward one copy to the
Chief's Office. The grievance committee has five (5) calendar days to present the grievance to
the chain of command.
Upon approval by the grievance committee, the aggrieved member and any member of the
grievance committee said aggrieved member may select, shall present the grievance to the
member's immediate supervisor, no lower in the chain of command than where the grievance
originated. The grievance shall be signed by this supervisor and, if not resolved, it shall be
presented to the next supervisor. The normal chain of command for a grievance to follow shall
be:
1. Sergeant
2. Lieutenant
3. Captain
4. Major
5. Chief of Police or his representative
6. Board of Public Works and Safety
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In steps 1 to 3, if the person in the normal chain of command is off duty, the grievance shall
proceed to the next step. If the grievance is not resolved by the Chief of Police or his
representative, it shall then be presented to the Board of Public Works and Safety.
The grievance must be presented to the President of the Board of Public Works and Safety within
ten (10) calendar days of the date the grievance was first presented to the chain of command.
The Board of Public Works and Safety shall have ten (10) calendar days from the date the
grievance is filed with them to set a date for a hearing. The Board of Public Works and Safety
has thirty (30) days from the date the President received the grievance to settle the matter.
ARTICLE 16. WAGES
Wages shall be paid by the City to members of the F.O.P. Bargaining Unit as follows based on a
Patrolman's rank:
2005 $37,622.00
2006 $38,751.00
"City of Richmond to re -open the contract in 2005 to negotiate feasibility of wage increase in
excess of minimum 3% agreed upon."
A permanent wage differential per year in the ranks over Patrolman is established as follows:
2005 2006
Investigator
$1,913.00
$1,970.00
Sergeant
$3,825.00
$3,940.00
Lieutenant
$5,102.00
$5,255.00
Captain
$6,377.00
$6,568.00
Wages will be paid on a biweekly basis. The first paycheck of each year will be issued no later
than the 14'h day of January.
ARTICLE 17. TOUR OF DUTY
The work period for members of the F.O.P. Bargaining Unit shall consist of twenty-eight (28)
days, one hundred -sixty (160) working hours. The work period will be broken into four (4)
work schedules measuring seven (7) days in length consisting of five (5) working days, eight (8)
hours per day. No officer may have his or her day off or shift changed without first receiving
fourteen (14) days prior written notice. This does not apply in an emergency situation.
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ARTICLE 18.OVERTIME
A twenty-eight (28) day work period will be established for members of the F.O.P. Bargaining
Unit qualified for exemption under Section 7 (k) of the Fair Labor Standards Act.
The regular working schedule for members of the F.O.P. Bargaining Unit shall consist of five (S)
days of eight (8) hours each for a total of forty (40) hours in a seven (7) day working schedule in
the twenty-eight (28) day work period. The seven (7) day work schedule will begin on Saturday
and end on Friday. Any time worked over eight (8) hours per day or forty (40) hours per seven
(7) day period shall be considered overtime.
A member of the F.O.P. Bargaining Unit may request a portion of his or her accumulated
overtime as time off (in lieu of pay, at a rate of two (2) hours off work per hour of overtime
cashed in). In the event a member uses overtime for a full 8-hour day off, he or she will be
charged 4-hours overtime for the full day. Time off will be authorized by the Chief of Police or
his or her representative with regard to the "Manpower Rule".
Hourly overtime pay rate is the member's annual base pay including differential for rank,
longevity, education incentive, shift differential and certification pay, divided by two thousand
eighty (2,080) hours times one and one-half (11/2).
Overtime work hours for each officer can be banked up to three hundred twenty (320) overtime
hours.
All members shall receive court time for off -duty court appearances with a minimum of two (2)
hours for each such appearance, all with written verification by the Court Bailiff, to be figured at
the overtime rate.
All members shall receive a minimum of four (4) hours overtime when they are called in for
duty, outside their scheduled tour of duty.
All members working overtime details (i.e. — fireworks, concerts, parades, etc) shall be paid a
minimum of two (2) hours overtime per event, per day, said member was scheduled to work.. An
exception to this would be if the member was given a minimum advance notification of six (6)
hours of a cancellation or change.
In the event the City (Board of Public Works and Safety) officially declares an emergency period,
the members of the F.O.P. Bargaining Unit shall receive the overtime rate for each hour beyond
forty (40) hours per work schedule during said emergency.
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ARTICLE 19. SCHEDULED AND/OR OUTSIDE CONTRACT WORK
All part time work, which is contracted or scheduled by the Richmond Police Department,
including but not limited to, high school ball games, the housing project security patrols,
selective traffic enforcement and City festivals, shall be awarded by departmental seniority. Each
detail and any applicable shift therein shall be posted on the daily book, which is maintained at
the Police Department information desk. It shall be the member's responsibility to sign up for
any detail desired. Any such law enforcement related work shall be limited to twenty (20) hours
per week, whether or not scheduled through the department.
Each overtime opportunity shall constitute a separate detail, and shall be posted as such.
Multiple shifts of one detail within the same calendar day shall constitute parts of the same
detail, and an officer may only work one such shift through the use of his or her seniority unless
no other officers have signed up to work the other shifts.
The Department Major or his designee responsible for the community event or part time
assignment shall record the time and date that each detail was posted and removed, as well as
maintain the original document in the event that a grievance is filed.
Any off -duty security type function that is scheduled and paid through the department and occurs
or is projected to occur on a continuous basis throughout the year (i.e. Richmond Housing and
any similar future security details) shall be excluded from these provisions.
Overtime needs for regular shifts shall not be governed by these procedures. These such
overtime needs may be filled based on seniority from the officers working the shift immediately
prior to the shift where overtime is needed provided the need is not known for forty-eight (48)
hours. In the event the need is known for forty-eight (48) hours or more, the card file procedure
must be used as follows:
Procedure
List Eligibility
All officers interested in being eligible for call -in coverage to maintain appropriate manpower
shall sign up each calendar year for the call -in list.
The Operations Major shall each November post a sign-up list on the daily book for officers to
sign for the call -in eligibility list. The posting shall be available from the first work day in
November and remain for a period of 15 days.
The Operations Major shall establish an eligibility list by listing the most senior officer first and
the least senior officer last on the eligibility list.
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The Operations Major shall then develop an index card file in the same seniority as the eligibility
list. This index file will be used by supervisors needing manpower for their platoon or division.
An exception is permissible for the use of the eligibility list when a supervisor reports for duty
and finds that due to unexpected circumstances their manpower falls below minimum standards.
The supervisor then may go to the previous shift and request officers work overtime. The offer
of overtime shall be done in the order of seniority of uniformed officers working the previous
shift, including Traffic and Juvenile Divisions.
Card File Use
The card file established by seniority will be kept in the patrol supervisor's office and accessible
to all platoon or division supervisors.
A supervisor needing manpower shall utilize the following procedure.
Refer to the index file for the next eligible officer for call -in. Telephone that officer's residence
and ask if the officer is interested.
If no answer or the line is busy, the supervisor shall wait 15 minutes and try again. If there is still
no answer or the line is busy, the supervisor may move on to the next eligible officer.
Should the supervisor not get an answer or the line is busy, the supervisor may page the officer
on the officers pager, if applicable. The supervisor will only wait for the 15 minutes while
waiting to make the second call. An officer will only be paged once during the 15 minutes.
Should the supervisor get an answering machine, a courtesy message shall be left stating why the
call was made. If the called officer makes contact with the supervisor before the overtime
position is filled, then that officer will be given the overtime, if qualified for the position.
If all officers signed up for that shift turn down the call -in, the officer with the least
seniority who is contacted and available for duty, shall be ordered to work.
The 48-hour notification by officers for time off may be shortened, and the call -in list activated.
Officers contacted to work a shift with less than 48 hours notice, may refuse the call -in, with
their card left in order.
Order of Cards 1 File
The order of the cards will be left in their position unless a member works the overtime or turns
down the offer to work overtime, except as noted in #4 above. Should an officer work the
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overtime or turn down the offer, that officer's card shall be moved to the rear of the eligibility
file for that shift. Should the officer not be contacted, or is ineligible for the overtime because
the officer is scheduled to work their regular tour of duty, or a previously scheduled overtime
event, their card will remain in its current position.
Records of Overtime Worked
When a supervisor attempts to contact, or makes contact and the officer turns down the offer of
overtime, or when an officer works the overtime scheduled, that information shall be recorded on
the index card.
An officer working requested overtime shall submit an overtime card to their supervisor as in all
other cases of overtime.
In the event that an officer is passed over for a call -in, and the omission is substantiated, that
officers card will be placed at the front of the eligibility card file for the next available call -in.
This will be the manner in which this error is rectified.
Qualifications for Overtime
For an officer to be offered the opportunity to work overtime for a platoon or division, that
officer must be qualified to perform the essential functions of that position.
This call -in procedure applies only to the patrol division. Traffic Division, Investigations, Youth
Services, and Special Investigations Unit are not applicable.
All sworn police officers covered by the contract are eligible to be called for overtime to perform
the function as a patrol officer in the patrol division.
All supervisors with the rank of Sergeant, Lieutenant, and Captain are eligible to work overtime
in a patrol officers position, or as a platoon supervisor, as needed.
Maximum Hours Worked
An officer is restricted to the number of hours that they may work in an extra -duty or off -duty
employment. An officer is restricted to twenty (20) hours per week of extra -duty or off -duty
employment.
This call -in for overtime hours shall apply towards the maximum number of hours an officer is
available with the exception of call outs where an immediate response is required, ie: SWAT,
K-9, Water Rescue, investigative.
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It is the responsibility of each officer to keep track of their number of hours worked in extra -duty
or off -duty employment and in the call -in for overtime, and not exceed the maximum of 20 hours
in a period of one week.
Should an officer be contacted for call -in overtime and that officer is ineligible because of
available hours, the officer should inform the supervisor of this, and that be noted on the index
card.
The total number of hours worked does not include overtime from a regular tour of duty or court
time.
An officer called -into work under this policy shall be guaranteed a minimum of four (4) hours of
overtime. A supervisor may choose to only keep an officer for part of a shift.
Manpower
The platoon Captain along with the Chief of Police, or designee shall establish an acceptable
minimum manpower that their platoon or division will work with. That platoon's Lieutenant and
Sergeant shall follow the established guidelines as set by the Captain.
The established manpower will be different between platoons, the days of the week, the time of
year, weather conditions, and the expected activity for the platoon or division. In addition,
common sense and experience of the supervisors will assist in determining the minimum
manpower for a given day.
Supervisors shall count as manpower when establishing the minimum for each platoon.
ARTICLE 20. FIVE (S) DAY WEEKEND
All qualified members will be permitted off on the Friday that is designated their "five (5) day
weekend". Each member will be given an additional four (4) days off per year at the discretion
of his or her supervisor.
All qualified members will be permitted off for their birthday and their anniversary date of hire
with the Richmond Police Department.
ARTICLE 21. VACATIONS
All full-time members of the F.O.P. Bargaining Unit will follow this procedure for taking
vacations:
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1. Vacations shall be earned by all full-time members at a rate of five (5) working days
after six (6) months continuous employment which vacation shall become a total of ten (10)
work days after one (1) year continuous employment. This shall be the members' total number
of vacation days until he or she has earned bonus vacation days.
2. Members shall be eligible for bonus vacation leave upon completion of three (3) years
continuous employment and for various years thereafter according to the following schedule.
The bonus vacation leave will be added at the end of the third year anniversary date and on every
anniversary date thereafter of continuous service as follows:
3 Years-6 days
4 Years-7 days
5 Years-8 days
6 Years-10 days
7 Years-10 days
8 Years-10 days
9 Years-10 days
10 Years-15 days
11 Years-15 days
12 Years-15 days
13 Years-15 days
14 Years-15 days
15 Years- 15 days
16 Years-16 days
17 Years-17 days
18 Years-18 days
19 Years-19 days
20 Years-20 days
Bonus leave is considered as work days.
3. Officers may elect to take up to twenty (20) days of their vacation in the following
manner:
a) One day at a time
b) Or any combination less than five (5) days at a time.
However the member must select the option at the beginning of the calendar year and forty-eight
(48) hours notice must be given prior to the use of the day or combination of days. Time off will
be authorized by the Chief of Police or his or her representative with regard to the "Manpower
Rule".
4. Vacation schedules will be arranged by the Chief of Police or someone he designates.
5. No more than two (2) members will be permitted on vacation from each platoon or
Specialized Division at one time. This provision excludes any division designated by the Chief
of Police subject to the "Manpower Rule" as defined. Any members may use his or her five (5)
day weekend adjacent to his or her vacation period. This would also apply to those four (4) day
yearly bonus days, as well as the four personal days.
6. The Vacation Schedule will start on the first Monday in January, of each year.
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7. Captains, Lieutenants, and Sergeants will select vacations by rank. The supervisor's vacation
selection shall have no effect on the available vacation schedule of the other
members of the bargaining unit.
8. All other members of the bargaining unit shall select vacation by seniority. There shall be
no more than two patrol officers/investigators off of each shift or special division at a time,
provided this provision excludes days taken according to item three (3) above. However, the
officer must select the option at the beginning of the calendar year.
9. Not withstanding a manpower shortage on a given day, the Members, maximum of two
(2), shall be granted their vacation/personal/bonusfbirthday/FOP and hire anniversary day
request, and shall not be denied the same for lack of manpower. Additional officers may be
called to duty by the City to maintain the proper manpower.
10. All members shall be granted an additional day's pay at his or her normal rate of
compensation, if any established holiday falls within the selected vacation, regardless of whether
the holiday is on a scheduled day off.
11. Those members, who elect to divide their vacations, must wait until all officers on their
shift/division have made their selection, before selecting an additional period.
12. All vacations that are selected five (5) days at a time shall start on Monday.
13. All requested changes in the vacation schedule must be approved by the Chief's Office.
14. The vacation request forms must be completed and submitted to the Chief's Office by the
First Friday of March.
15. All vacation days must be taken during the calendar year.
ARTICLE 22. PAID HOLIDAYS
Any member of the F.O.P. Bargaining Unit who completes a minimum of four (4) hours of duty
on certain legal holidays shall receive one and one-half (1 1/2) days pay in addition to his or her
regular pay. To qualify for said holiday pay the member must work his or her full, assigned tour
of duty the day before and the day after the said holiday. Holiday pay shall be computed the
same as an officers overtime rate, as specified in article 18. The legal holidays for which one and
one-half (1 1/2) days additional pay shall be paid are:
-New Years Day
-Martin Luther King Day
-Good Friday
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-Easter Sunday
-Primary Election Day, if applicable; or if not applicable, Police Officers Memorial Day
-Memorial Day
-Independence Day
-Labor Day
-General Election Day, if applicable; or if not applicable, Columbus Day
-Veteran's Day
-Thanksgiving Day
-Day after Thanksgiving Day
-Christmas
In order to clarify the above, if a member works a holiday as scheduled, that member shall
receive the one and one-half days additional pay, plus regular pay. If so scheduled, but if the
member elects to take the day off, the member must take a
personal/vacation/bonuslbirthday/court or anniversary day, and the member's normal salaried
compensation shall not be affected.
If a member is not scheduled to work a holiday, the member's normal salaried compensation
shall not be affected.
No scheduling can be altered to avoid the payment of holiday pay.
If court time or overtime is taken before or after any of the established legal holidays, such time
will not disqualify any member of the F.O.P. Bargaining Unit from Holiday pay as provided
herein.
A member of a specialized division will have the option to work or not work on holidays that fall
during their regular work schedule. If he or she works such holiday as scheduled, they will be
paid as outlined above in this article. If they elect not to work although scheduled, no
personallvacationlbonus day must be used, and they will only be compensated at his or her
regular rate of pay. Any member choosing to work a holiday must work the full eight (8) hour
shift or cash in overtime for anything less.
ARTICLE 23. PERSONAL DAYS
Each member of the F.O.P. Bargaining Unit may elect to take four (4) personal days per year.
The member must notify his or her supervisor of the date he or she has elected at least forty-eight
(48) hours in advance of said date. This is subject to the "Manpower Rule" as defined.
Notwithstanding any other language within this contract, a member shall not qualify for either the
personal days herein or the additional days set forth in Article 20 until the end of their one-year
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probationary period in the department. As a result, members reaching their first anniversary date
shall receive their own personal days and bonus days at a prorated schedule. When the member's
anniversary date falls during the first quarter of the calendar year, that member shall receive four
personal days and four bonus days. If the anniversary date falls during the second quarter of the
calendar year, the member shall receive three personal days and three bonus days. If the
anniversary date falls during the third quarter of the calendar year, the member shall receive two
personal days and two bonus days. If the anniversary date falls during the fourth quarter of the
calendar year, the member shall receive one personal day and one bonus day for that year.
All personal days herein and bonus days pursuant to Article 20, must be taken during the same
calendar year that the member earns such day. Such days cannot carry over to an additional
calendar year.
ARTICLE 24. LONGEVITY PAY
As an incentive for continuous service with the Richmond Police Department, each sworn Police
Officer shall receive an amount equal to five hundred dollars ($500.00) in addition to their
regular base pay. The five hundred dollars ($500A0) will be paid at the completion of the
officer's first year of service and will be increased by 0.5% (1/2 of I%) of the base salary of a
first class patrolman on the first year anniversary date.
On the anniversary date of each successive year of the officer's employment, the longevity pay
shall increase 0.5% (1/2 of 1%) of the base salary of a first class patrolman. Such successive
increases of longevity pay shall be cumulative in nature.
ARTICLE 25. CLOTHING ALLOWANCE
The City agrees to pay all members of the F.O.P. Bargaining Unit a clothing allowance of five
hundred twenty-five dollars ($525.00) for the year 2005 and six hundred fifty dollars ($650.00)
for the year 2006, payable on or about the first day of July of each year.
ARTICLE 26. SHIFT PAY
Additional annual compensation in the amounts of seven hundred seventy-five dollars ($775.00)
for the year 2005 and nine hundred dollars ($900.00) for the year 2006 shall be paid to those
members, covered by this Agreement, who work rotating shifts or who are permanently assigned
to second or third shift. Temporary or rotating assignments on these shifts will be paid at pro-
rated amounts for the time of the assignments.
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ARTICLE 27. EDUCATIONAL INCENTIVE
Each member of the F.O.P. Bargaining Unit having obtained the following educational degrees
shall receive an additional compensation yearly:
2005 2006
Associate Degree
$ 625.00
$ 750.00
Bachelor Degree
$1125.00
$1250.00
Masters Degree
$1725.00
$1850.00
This compensation shall begin with the next pay period following receipt of such degree and the
amount stated above shall be pro -rated over the balance of the year in which the degree is
received. The said amount shall likewise be pro -rated for a probationary member starting with
the pay period following the termination of his probationary period.
Such degree must be granted by an educational institution approved by one of the following
regional accrediting associations:
1. New England Association of Colleges and Secondary Schools.
2. Middle States Association of Colleges and Secondary Schools, Commission of
Institutions of Higher Education.
3. North Central Association of Colleges and Secondary Schools, Commission of Colleges
and Universities.
4. Northwest Association of Secondary and Higher Schools, Commission on Higher
Schools.
5. Southern Association of Colleges and Schools.
6. Western Association of Schools and Colleges. Accrediting Commission for Senior
Colleges and Universities and Accrediting Commission for Junior Colleges.
Any individual exception approved to date shall continue in effect.
All Firearm Instructors shall receive additional compensation of $1,000.00 per year.
16
ARTICLE 28. TAKE HOME CAR ASSESSMENTS
Officers who reside outside of the Richmond City limits and who choose to drive their patrol cars
to and from their home to work shall pay an assessment based upon the distance traveled
between the City limits and their primary residence. The assessment shall be at the rate of 4'/s
cents per mile and shall be calculated by taking the mileage times 220 days per year. The total
yearly assessment shall be deducted at the rate of 1112 from the officer's second pay each month,
although an officer shall have the option of paying the assessment in a lump sum on or before
January 31 of each year - subject to any change in residence within the year.
ARTICLE 29. INSURANCE
A. Active Employee Coverage.
The City shall provide the same group health insurance for members of the F.O.P. Bargaining
Unit and as is provided for other City employees. The City shall pay eighty (80%) of the cost
thereof and the said member shall pay twenty per cent (20%).
The Health Insurance Policy shall include basic medical as well as major medical coverage.
The City agrees to recognize a designated member of the F.O.P. Bargaining Unit as a voting
member of the City Self Insurance Committee, which is defined to be comprised of five (S)
voting members, each having an equal vote, including the Mayor, the City Controller, the
designated member of the Police Bargaining Unit and two (2) non -administrative level
employees to represent all other City employees.
The City shall carry basic medical and major medical coverage at levels comparable to the
existing coverage. At the time the City Self Insurance Committee agrees to decrease the benefits,
the Bargaining Committee agrees to call a meeting of the Bargaining Unit and present the
recommendations of the City Self Insurance Committee to the members of the Bargaining Unit
for a vote. The Bargaining Unit agrees to follow the majority vote of its members and agrees to
allow a change in the level of basic medical and major medical coverage if so voted.
B. Retiree Insurance Benefits.
A retiree who chooses to remain on City insurance shall be allowed to remain a part of the City's
group health insurance coverage subject to the following terms and conditions:
1. If the retiree elects to convert to or become part of the new PPO Plan, the City shall not
charge any employee premium or contribution for coverage for the retiree or his or her spouse
who exists at the time of retirement. (Such zero premium contribution does not include
subsequent spouses.) The premium coverage for any additional dependent(s) on the PPO Plan
17
shall be equal to the cost of premiums charged to other City employees with the following
clarification, to -wit: one child shall be equal to the "single" cost; two or three children shall be
equal to the cost for "two/three" coverage; etc.
2. If the retiree remains or becomes part of the current "Comprehensive Plan", the City shall
charge such retiree the same premium or contribution cost charged to other City employees on
the Comprehensive Plan.
3. For purposes of retiree insurance benefits, coverage under any plan, at any cost, shall only
be available to children of the retiree in existence at the time of retirement (or born subsequent to
retirement with a spouse in existence at the time of retirement), and not to subsequent
stepchildren or natural children bom with a subsequent spouse.
4. Notwithstanding the two-year term of Article 38 herein, the first four sections of Article
29 (B) shall remain in full force and effect for a period of three years through December 31,
2007.
5. A retiree who subsequently obtains other employment may elect to carry two insurance
policies provided the City policy is secondary.
6. An Eligible Retiree who has obtained subsequent insurance coverage through a successor
employer and later loses that coverage for any reason may re -enroll in the City's insurance plan
and be entitled to the above annual contribution toward such insurance. If the retiree re --enrolls
during a calendar year, the City's contribution for that calendar year shall be pro -rated on a
monthly basis starting with the month that the retiree becomes eligible for coverage under the
City's plan. In any such case, the retiree and his/her dependents shall not be covered for pre-
existing conditions as those conditions are then defined at the time of re -enrollment by the City's
plan documents.
7. The City's contribution for retiree health insurance benefits shall continue until the retiree
becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395, et.seq. The amount of
the City's contributions to any retiree hereunder shall be subject to subsequent
modification through the collective bargaining process and any resulting change in the terms of
this Collective Bargaining Agreement, whether such changes occur before or after a particular
retiree's effective date of retirement.
S. For purposes of this Article 29, an "Eligible Retiree" is defined to be any member of
the F.O.P. Bargaining Unit who retires from active duty on the force, in good standing, and with
twenty (20) or more years of accredited service as recognized in the particular retirement
program in which the member is a participant ji.e.The 1925 Police Pension Fund (I.C. 36-8-6-1,
et.seq.) or The 1977 Police Officers' and Firefighters 'Pension and Disability Fund (I.C. 36-8-8-
1, et.seq.)] or any member who, while an active member of the force, becomes disabled as
determined by the PERF Board.
18
9. The insurance contribution benefits hereunder shall only be available to those Eligible
Retirees whose first effective date of retirement is on or after January 01, 1996, and to those
retirees and/or dependents of a retiree who are participating in the City's group health insurance
plan as of December 31, 1995.
ARTICLE 30. PRESCRIPTION EYE DEVICES
The City agrees to replace prescription eye devices broken or damaged in the line of duty. This
damage is to be certified by the Shift/Division Supervisor.
ARTICLE 31. PURCHASE OF DUTY WEAPONS
A retiring officer may purchase his duty weapon and shotgun for one dollar ($1,00) each from the
City.
ARTICLE 32. PREVAILING RIGHTS
All rights, privileges and working conditions enjoyed by the members of the F.O.P. Bargaining
Unit at the present time, which are not included in this Agreement, shall remain in full force,
unchanged and unaffected in any manner, during the term of this Agreement unless agreed upon
by the City and the F.O.P. Bargaining Unit. This will include, but not be limited to, Seniority
Rights and an Officers Bill of Rights as more particularly set out in Article 36 of this Agreement.
ARTICLE 33. COMMON COUNCIL
The financial aspects of this Agreement are expressly subject to the approval by the Common
Council of the City of Richmond and same are null and void and of no effect in the absence of
such approval. The City will use its efforts towards obtaining the said approval of the Common
Council.
ARTICLE 34. BODY ARMOR
The City of Richmond shall replace each member's personal body armor as prescribed by the
manufacturer's warranty. All body armor shall conform to level two (2) threat, be of current
state of the art design constructed of a "Kevlar" fiber and include trauma plate and side panels.
All replacements shall occur prior to the expiration of the manufacturer's warranty applicable to
the armor being replaced.
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ARTICLE 35. PENSION FUND
The City has taken all necessary action to cause employee contributions to the Pension and
Disability fund to be tax deferred, which action took effect the fourth quarter of the year 2000,
and will continue through the term of this Agreement.
ARTICLE 36. POLICE OFFICER'S BILL OF RIGHTS
All police officers of the Richmond Police Department shall be entitled to the protection of what
shall hereafter be termed as the "Police Officer's Bill of Rights.
SECTION 1. DEFINITIONS.
(1) Police Officer - A sworn officer functioning in a full-time capacity with the Richmond
Police Department and who is a member of a police pension fund.
(2) Complainant - The person or persons named or unnamed providing the information
constituting the basis for the alleged improper conduct.
(3) Formal Proceeding - A proceeding heard before the Richmond Police Department merit
commission.
SECTION 2. INVESTIGATIVE PROCEEDINGS.
When a police officer is under investigation for alleged improper conduct with a possible
resulting dismissal, demotion, or other discipline, the following standards apply.
(1) Any interview of a police officer shall take place at the Richmond Police Department
when possible or such other reasonable place as the investigating officer may determine.
(2) The police officer being investigated shall be informed, at the commencement of his or
her interview of:
(A) The nature of the investigation.
(B) The identity of the person(s) present during the interview.
(3) During the interview of the police officer, questions will be posed by one (1)
investigating officer at a time. No more than two (2) investigating officers should be present
during the interview.
20
(4) Any interview of a police officer in connection with an investigation shall be for a
reasonable period of time and shall allow for reasonable periods for personal necessities of the
officer.
(5) All interviews of a police officer in connection with an investigation against him or her
shall be recorded, except minor infractions. The police officer shall be allowed to take notes and
or also make his own independent recording of the interview.
(6) The police officer shall be entitled to the presence of his attorney during the interview.
SECTION 3. PERSONAL PRIVILEGES
(1) No police officer shall be required to disclose any item of his or her personal property,
income, assets, source of income, or personal or domestic expenditures, including those of any
member of his or her household, unless such information is necessary in investigating a possible
conflict of interest with respect to the performance of the officer's official duties, unless such
disclosure is required by law, or unless such information is related to the investigation. Nothing
in this section shall preclude the Police Department from requiring any officer to disclose any
place of off -duty employment and where he or she may be contacted.
(2) No police officer shall have his or her residence, private place of business or private
vehicle searched unless a valid search warrant is obtained or the officer voluntary agrees to such
a search.
(3) No member of the police officer's immediate family shall be required to give a statement.
(4) The Police Department shall not release to the news media a police officer's home
address or telephone number except in cases of a criminal arrest or indictment.
SECTION 4. POLITICAL ACTIVITIES
(1) Except when on duty, while in uniform or acting in his or her official capacity, no police
officer shall be prohibited from engaging in political activity.
SECTION 5. PERSONNEL FILES
(1) A police officer shall have the right to review his or her personnel files at a reasonable
time during office hours. No files shall be removed from the office without the Chief's consent.
21
ARTICLE 37. ELECTIONS & VOTING
Whenever a vote or election is held, (with the exception of the Negotiating Committee vote at the
Annual Pension Board Meeting), it will be conducted in the following manner:
(1) Information relevant to the vote or election, as well as the dates and times of the vote
or election will be posted for a minimum of fourteen (14) days.
(2) The ballot box will be manned by a Negotiating Committee Member the whole time it
is accessible for voting.
(3) There will be a sign off sheet accompanying the ballot box that anyone casting a vote
will be required to sign. The Negotiating Committee member manning the ballot box at that time
will initial next to the voting members signature.
(4) Voting will be available on each shift at the times specified above for a minimum of
two (2) hours per shift. Any member wishing to vote but being detained on a call will need to
contact the Committee Member at Headquarters so a voting time can be established.
(5) Anyone knowing they will not be available to vote on the specified dates and times
may cast their vote by absentee ballot with any member of the Negotiating Committee. This may
only be done within the fourteen (14) day period following the posting of the vote or election.
The individual needing to vote early, will be supplied with a ballot, he/she will mark and place in
a sealed envelope. He/she will also be required to sign the sign off sheet with the Committee
Member receiving his/her vote, initialing the sheet beside that individual's name. The envelope
will remain secure with the committee Member until which time he/she can place it in the ballot
box.
(6) In the event of an unforeseen situation that the Negotiating Committee deems as
needing immediate attention, the fourteen (14) day posting period will be waived. In such a
situation the issue(s) to be voted upon will be posted. Members of the Negotiating Committee
will make a reasonable attempt to notify each member of the Bargaining Unit of the impending
vote. During such a vote, sections 2, 3, 4 and 5 of this article will be followed.
(7) Following the voting, no less than three (3) members of the Negotiating Committee
will count the ballots with the results being posted.
(8) All sworn police officers of the Richmond Police Department are eligible to vote.
22
ARTICLE 38. EFFECTIVE DATE
This Agreement shall become effective January 1, 2005 and shall continue in full force and effect
until 12:00 midnight December 31, 2006. In the event that a new agreement is not signed by the
FOP Negotiating Committee by the respective contract expiration date set forth above, this
agreement shall remain in full force and effect for a period of one year or until a new agreement
is signed by both parties.
Either party may request to re -open this agreement for the purpose of resolving a mutual problem
not anticipated at the time of ratification and execution of this agreement. Both parties must be
in agreement, prior to the re -opening of this agreement.
PAI
ARTICLE 39. MISCELLANEOUS
The City and Union agree to meet and bargain for an extension of this Contract on or before
March 1, 2006.
IN WITNESS WHEREOF, the parties, by their duly authorized representatives, execute this Agreement
as of the date first set forth above although signatures are affixed on the dates below.
NEGOTIATING COMMITTEE FOR
F.O.P. BARGAINING UNIT
Mean Snapp
Don Benedict
/L �Ww 14---
Andrew Burks
Michael French
�al "
Curt Leverton
Date: c' 0 Y
THE CITY OF RICHMOND, INDIANA,
by and through its Board of Public Works
and Safety
��� P,
John ny
Dian Lawson
Mary Jo Flood
i
Date: D a Oo
APPROVED BY MAYOR:
Sarah (Sally) Hutton
City of Richmond
Date: 3 / X a c, `/
24
INDEX
ARTICLE
I
CONTROLLING AUTHORITY
Page
1
ARTICLE
2
MANPOWER
Page
I
ARTICLE
3
RECOGNITION
Page
2
ARTICLE
4
MANAGEMENT RESPONSIBILITIES
Page
2
ARTICLE
5
NON-DISCRIMINATION
Page
3
ARTICLE
6
SEVERABILITY
Page
3
ARTICLE
7
NEGOTIATIONS
Page
3
ARTICLE
8
MEETINGS AND CONFERENCES
Page
3
ARTICLE
9
F.O.P. BULLETIN BOARD
Page
4
ARTICLE
10
LEGAL DEFENSE FOR MEMBERS
Page
4
ARTICLE
11
NO STRIKE CLAUSE, NO LOCKOUTS
Page
4
ARTICLE
12
WORKFORCE PLANNING
Page
4
ARTICLE
13
RULES AND REGULATIONS
Page
4
ARTICLE
14
DISCIPLINARY ACTION
Page
5
ARTICLE
15
GRIEVANCE PROCEDURE
Page
5
ARTICLE
16
WAGES
Page
6
ARTICLE
17
TOUR OF DUTY
Page
6
ARTICLE
18
OVERTIME
Page
7
ARTICLE
19
SCHEDULED AND/OR OUTSIDE CONTRACT WORK
Page
8
ARTICLE
20
FIVE (5) DAY WEEKEND
Page
11
ARTICLE
21
VACATIONS
Page
I
ARTICLE
22
PAID HOLIDAYS
Page
13
ARTICLE
23
PERSONAL DAYS
Page
14
INDEX
ARTICLE
24
LONGEVITY PAY
Page
15
ARTICLE
25
CLOTHING ALLOWANCE
Page
15
ARTICLE
26
SHIFT PAY
Page
15
ARTICLE
27
EDUCATIONAL INCENTIVE
Page
16
ATICLE
28
TAKE HOME CAR ASSESSMENTS
Page
17
ARTICLE
29
INSURANCE
Page
17
ARTICLE
30
PRESCRIPTION EYE DEVICES
Page
19
ARTICLE
31
PURCHASE OF DUTY WEAPONS
Page
19
ARTICLE
32
PREVAILING RIGHTS
Page
19
ARTICLE
33
COMMON COUNCIL
Page
19
ARTICLE
34
BODY ARMOR
Page
19
ARTICLE
35
PENSION FUND
Page
20
ARTICLE
36
POLICE OFFICER'S BILL OF RIGHTS
Page
20
ARTICLE
37
ELECTIONS & VOTING
Page
22
ARTICLE
38
EFFECTIVE DATE
Page
23
ARTICLE
39
MISCELLANEOUS
Page
24