HomeMy Public PortalAbout167-2016 - Police - Union ContractPROFESSIONAL CONSULTING SERVICES AG EMENT
THIS AGREEMENT made and entered into this IM
day of 2016, and
referred to as Contract No. 130-2016, by and between the Cit of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as the "City") and R&R Benefits/Risk Management, LLC, 1251 North Eddy Street,
Suite 200, South Bend, Indiana, 46617 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional benefit program development and
consultation advisory services for the City of Richmond Human Resources Department for the
2017 calendar year.
The proposal of Contractor is attached hereto as Exhibit "A", which Exhibit consists of five (5)
pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor
shall perform all work and provide all services described on Exhibit "A."
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No. 130-2016
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SECTION III. COMPENSATION
For the 2017 calendar year, City shall pay Contractor a sum not to exceed Thirty Thousand
Dollars and Zero Cents ($30,000.00), for the performance all work described herein in a
complete, satisfactory, and proper manner, which amount is payable upon receipt of proper
invoices from Contractor as follows: Fifteen Thousand Dollars and Zero Cents ($15,000.00)
within thirty (30) days of the start of the 2017 calendar year and the balance of $15,000.00
within thirty (30) days of July 1, 2017.
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
December 31, 2017. This agreement shall not automatically renew.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
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SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage
Limits
A. Worker's Compensation & Disability Requirements Statutory
B. Employer's Liability $100,000
C. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
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within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
Page 4 of 6
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
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or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
By:
Richard Foore, Member
DO
Anthony L/Foster, II, Member
Date:
APPROVED:
Sno Ma r
Date: ((-2 �(co
By:
"CONTRACTOR"
R&R BENEFITS/RISK
MANAGEMENT, LLC
1251 North Eddy Street, Suite 200
South Bend, Indiana, 46617
Printed: -C�1- o Y E Scotk
Title: CEO ( zvicYCI\ CoUki
Date: lZ -7—k�c
Page 6 of 6
INDEPENDENT CONTRACTOR AGREEMENT FOR BENEFIT CONSULTING SERVICES
This Agreement made and entered into this 1st day of January 2017 by and between R&R
Benefits/Risk Management, LLC ("R&R) and the City of Richmond, Indiana ("City");
WITNESSETH
WHEREAS the City would like to engage R&R in the representation of the City in the
development, risk management, and marketing of activities related to the City's Benefit Programs;
NOW, THEREFORE, upon the mutual promises and commitments of the parties to be performed,
the parties stipulate and agree as follows:
Engagement Effective January 1st, 2017, the Mayor of Richmond herewith engage and
contract with R&R for R&R to provide services relative to the Benefits for the City. The
services to be provided by R&R under this Agreement in connection with City's Benefit
Programs shall relate to the insurance program commencing January 1, 2017. The
Benefit Programs developed pursuant to the terms and provisions of the Agreement shall
be subject to the direction and approval of the City. For purposes of this Agreement, the
City's Benefit Programs shall relate to the areas of Medical Stop Loss, Medical
Administration, Life Insurance, Disability, Dental, Vision, or Employee Assistant Programs
and any Benefits that would apply for the City as deemed appropriate and approved by
the City.
2. Contract Representatives. In undertaking its roles and responsibilities under this
Agreement, R&R shall coordinate its communications, activities, reports, advice, and
recommendations through City's contract representative for the City is currently
designated as R&R Benefits specifically, Troy Scott & Bob Frick.
3. Assignments. R&R assignments and responsibilities under this Agreement shall include,
but not necessarily be limited to, those activities set forth in Exhibit A which is attached
hereto and make a part of this Agreement
4. Independent Contractor. In all respects, R&R shall be an independent contractor in
undertaking and fulfilling its obligations under this Agreement and in being compensated
for its services. R&R shall not be deemed or considered in any fashion to be an
employee or agent of City. R&R shall have no authority to bind or commit the City to any
agreement, contract, or any other obligation of any type or character. R&R shall pay and
be responsible for all income, federal, state, FICA, worker's compensation,
unemployment, health, disability, or other types of taxes, assessments, fees, costs, or
benefits associated with the operation of its insurance agency in performing the services
under this Agreement, and the City shall have no duties or obligations with respect to
such matters
R&R shall be responsible for all damages on account of personal injury and loss of life
and property due to the activities of R&R and its employees, agents, representatives,
subcontractors, and others whose acts R&R is responsible for in connection with
performing this Agreement. R&R agrees to indemnify, defend, and hold and save the
City harmless from and against any and all losses, damages, settlements, costs,
charges, or other expenses or liabilities of every kind and character arising out of or
relating to any and all claims, demands, actions, suits, liens, obligations, proceedings, or
causes of action of every kind and character arising out of or resulting from the acts,
omissions, and or negligence of R&R and its employees, agents, representatives,
subcontractors and others whose acts R&R is responsible for under this Agreement.
5. Compensation. For its services under this Agreement, R&R shall be compensated as
follows:
A. Thirty Thousand dollars ($30,000) annually, payable $15,000 on January 111, 2017
and the balance of $15,000.00 on July 111, 2017, with automatic renewals unless
terminated by either party 30 days in advance in any year during the term of this
Agreement and receipt of a proper invoice from R&R, for services rendered in
accordance with the services set forth in Exhibit A
6. Confidentiality of Records. R&R agrees to treat information provided by the City as
confidential and will utilize such information provided only for purposes of performing the
services set forth in Exhibit A. The City recognizes that R&R, in order to carry out the
services set forth in Exhibit A, may be required to share information with third parties and
may need to disclose certain information to the extent required to comply with applicable
laws or regulations. All records and information provided by the City shall remain the
property of the City and shall be returned to the City upon request, although R&R shall be
allowed to retain copies of such records to the extent required in the ordinary course of
delivering services or complying with appropriate laws and regulations. Any information
provided by R&R, including data, recommendations, proposals, or reports shall be
treated by City as confidential and shall not be disclosed to third parties except its
attorneys, financial consultants, and auditors and except where such information is
required to be disclosed to comply with applicable laws and regulations. R&R shall retain
sole rights to all proprietary computer programs, systems, methods and procedures by
R&R.
7. Communications. It is recognized by R&R and City that communications from time to
time may occur by electronic mail, sometimes attaching further electronic data as when
the circumstances require attachments. By consenting to this method of communication,
R&R and City accept the inherent risk, including the security risks of interception of or
unauthorized access to such communications, of corruption of such communications and
the risk of other harmful devices. R&R and City agree that each will employ reasonable
virus checking procedures on their respective computer systems and will each be
responsible for checking all electronic communications received for viruses. In the event
to a dispute, neither R&R nor the City shall challenge the legal evidentiary standing of an
electronic document merely by reason of it being an electronic document
8. Premium/Handling of Funds. The City agrees to pay premiums and other money that is
contractually owed to third parties directly to the insurers or other service providers by the
payment dates specified in the insurance policies, invoices, or other payment documents.
2
Failure to pay premiums on time may prevent coverage from incepting or result in
cancellation of coverage and services by the insurer and service provider.
B. Term. The term of this Agreement shall commence from January 1, 2017 and run for
a period of one (1) year with automatic renewals unless terminated by either party 30
days in advance in any year during the term of this Agreement and receipt of a
proper invoice from R&R, for services rendered in accordance with the services set
forth in Exhibit A_
9. Termination. All provisions hereof to the contract notwithstanding, either party hereto
shall be entitled to terminate this Agreement, for any reason, including no reason, upon
ninety (90) days written notice to the other. Any such notice shall be consistent with the
provisions of Paragraph 12 below.
Upon such termination, the City and R&R shall in good faith endeavor to establish fair
compensation to R&R based upon the compensation set fort at Paragraph 5 above, the
portion of the services and assignments of R&R contemplated by this Agreement
completed to such date, together with the likely cost to City, if applicable, to secure
another entity to perform the balance of such services.
Notices. Any notices contemplated by this Agreement shall be deemed effective if
submitted by regular U.S. Mail, with postage prepaid, to the parties as follows:
To R&R at: Troy Scott
R&R Benefits/Risk Management, LLC
1251 North Eddy Street, Ste. 201
South Bend, IN 46617
Phone: 574-968-3654
Fax: 866-299-8438
To City at: City of Richmond, IN
c/o Human Resource Director
City of Richmond Human Resources
50 North 5th Street
Richmond, IN 47374
765-983-7244
The parties may change their address for notice purposes under this Agreement by providing
notice of such change in accordance with the terms and provision of this Paragraph.
10. Non -Discrimination. Pursuant to Indiana Code 22-9-1-10, R&R will not discriminate
against any employee or applicant for employment to be employed in the performance of
this Agreement with respect to hire, tenure, terms, conditions or privileges of employment
3
or any matter directly or indirectly related to employment because of race, religion, color,
sex, disability, national origin or ancestry. Be reach of this covenant may be regarded a
material breach of this Agreement-
11. Telephone Non -Solicitation. R&R certifies that, except for de minims and non-systematic
violations, it has not violated the terms of I.C. 24-4.7. I.C. 25-5-12, or is preempted by
federal law and that R&R will not violate the terms of I.C. 24-4.7 for the duration of this
Agreement, even if I.C. 24-4.7 is preempted by federal law_ R&R further certifies that any
affiliate or principal of R&R and any agent acting on behalf of R&R or on behalf of any
affiliate or principal of R&R, except for de minims and non-systematic violations, has not
violated the terms of I.C. 24-4.7 in the previous three hundred sixty-five (365) days, even
if I.C. 24-4.7 is preempted by federal law, and will not violate the terms of I.C. 24-4.7 for
the duration of this Agreement, even if I.C. 24-4.7 is preempted by federal law.
12. Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the
respective successors and assigns of the parties hereto, provided, however, that neither
party may assign any of the duties or obligations of this Agreement to any other person or
entity without the express written consent of the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of aKand
year of 2016 first above written.
R&R Benefits R&R Benefits/Risk Management, LLC
By:
Troy S , CEO/General Counsel
Mayor Mayor of the City of Richmond, Indiana
By:
n
Honorable Dave Snow
EXHIBIT A
SCOPE OF SERVICES
ASSIGNMENTS AND RESPONSIBILITIES
R&R Benefits/Risk Management, LLC will assist the City of Richmond in the development of its Benefit
Programs and represent the City of Richmond in the marketing of its Benefit Program's needs related the
City of Richmond's programs in the areas of Medical, Dental, Life, Accident, Disability, Vision, and
Employee Assistance Programs, and all other Benefit related Programs. R&R Benefits will consult with
the City of Richmond representatives and assist in the establishment of a Benefit Program. Assignments
and responsibilities to be provided include:
• Availability and response to inquiries within twenty-four (24) hours of request
• Review and Mitigate Claims on an Ongoing Basis
• Market and Manage Medical Administration
• Market and Manage Medical Stop Loss Coverage
• Market and Manage Ancillary Benefits as they apply
• Stay abreast and report to the City emerging issues as they related to Benefits
• Assist in the Summary Plan Description creation and ongoing reviews and amendments
• Review and Advise on Employer Health Clinics
1.7
AGREEMENT
BETWEEN
THE CITY OF RICHMOND, INDIANA
AND
JOHN HENNIGAR LODGE #63
FRATERNAL ORDER OF POLICE
JANUARY 019 2017
THROUGH
DECEMBER 319 2018
Contract No. 167-2016
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
INDEX
CONTROLLING AUTHORITY
PAGE
1
MANPOWER
PAGE
1
RECOGNITION
PAGE
2
MANAGEMENT RESPONSIBILITIES
PAGE
2
NON-DISCRIMINATION
PAGE
3
SEVERABILITY
PAGE
3
NEGOTIATIONS
PAGE
3
MEETINGS AND CONFERENCES
PAGE
3
F.O.P. BULLETIN BOARD
PAGE
3
LEGAL DEFENSE FOR MEMBERS
PAGE
4
NO STRIKE CLAUSE, NO LOCKOUTS
PAGE
4
WORK FORCE PLANNING
PAGE
4
RULES AND REGULATIONS
PAGE
4
DISCIPLINARY ACTION
PAGE
4
GRIEVANCE PROCEDURE
PAGE
5
WAGES
PAGE
5
TOUR OF DUTY
PAGE
6
OVERTIME
PAGE
7
SCHEDULED AND/OR OUTSIDE
PAGE
8
CONTRACT WORK
FIVE (5) DAY WEEKEND
PAGE 9
VACATIONS
PAGE 10
9
ARTICLE
22
ARTICLE
23
ARTICLE
24
ARTICLE
25
ARTICLE
26
ARTICLE
27
ARTICLE
28
ARTICLE
29
ARTICLE
30
ARTICLE
31
ARTICLE
32
ARTICLE
33
ARTICLE
34
ARTICLE
35
ARTICLE
36
ARTICLE
37
ARTICLE
38
INDEX
PAID HOLIDAYS
PAGE 12
PERSONAL DAYS
PAGE 12
LONGEVITY PAY
PAGE 13
CLOTHING ALLOWANCE
PAGE 13
SHIFT PAY
PAGE 13
EDUCATIONAL INCENTIVE
PAGE 13
INSURANCE
PAGE 14
PRESCRIPTION EYE DEVICES
PAGE 16
PURCHASE OF DUTY WEAPONS
PAGE 16
PREVAILING RIGHTS
PAGE 17
COMMON COUNCIL
PAGE 17
BODY ARMOR
PAGE 17
PENSION FUND
PAGE 17
POLICE OFFICER'S BILL OF RIGHTS
PAGE 18
ELECTIONS AND VOTING
PAGE 19
EFFECTIVE DATE
PAGE 20
MISCELLANEOUS
PAGE 20
i
AGREEMENT
This Agreement executed as of January 1, 2017 although signatures may be subsequently affixed,
is between the City of Richmond, Indiana, (hereafter called "City") and John Hennigar Lodge
#63, 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 1. 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 City Police force will consist of at least 74 sworn officer
positions. 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.
Contract No. 167-2016
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 463, 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 or within three (3)
weeks of that 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 1 st 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 continue an
efficient working relationship with the Bargaining Unit. The F.O.P. Bargaining Unit recognizes
the right, responsibility and authority of the City, through its Administration, the Merit System
and the Board of Works, to effectively manage the operations of the City, included but not limited
to, the right to select and hire, to promote, to discipline and to superintend discipline for just
cause, the right to establish rules of conduct and require employees to comply with these rules.
Any of the rights, powers, functions, or authority which the City had prior to signing of this
Agreement are retained by the City, except those rights, powers, functions, or authorities that are
limited or regulated by a provision of this Agreement, in which case, the F.O.P. Bargaining Unit
shall have recourse to Article 15, Grievance Procedure, of this Agreement.
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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 affect 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 8. 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. Meetings 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.
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.
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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. 34-13-3-5.
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. WORK FORCE 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.
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 the complaint has been submitted to Internal Affairs. 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 will 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.
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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 ten (10)
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 ten (10) 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
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.
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ARTICLE 16. WAGES
New Officers/Recruits hired on or after 01/01/2007, who have not completed the full ILEA Basic
Training program, shall be paid 80% of the rate of a 1st Class Patrolman during their first year of
employment.
New Officers/Recruits hired on or after 01/01/2007, who are transferring from another Law
Enforcement Agency and have completed the full ILEA Basic Training program (or equivalent), shall
be paid 90% of the rate of a I' Class Patrolman during their first year of employment.
Officers who have completed a minimum of one (1) year of service, in good standing, shall be paid as a
1st Class Patrolman. Such wage shall be:
2017-2018 $44,109.54
A permanent wage differential per year in the ranks over Patrolman is established as follows:
2017-2018
Investigator
$2,069.58
Sergeant
$4,139.16
Lieutenant
$5,521.26
Captain
$6,900.30
Wages will be paid on a biweekly basis. The first paycheck of each year will be issued no later than the
14'' 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, unless that officer agrees by written notification to waive the fourteen (14) day time
period. This does not apply in an emergency situation.
Members of the FOP Bargaining Unit recognize the right of the police administration to consider and
implement alternative work schedules for the benefit and efficiency of the department. In such
instances, alternative work schedules may be implemented according to the following guidelines. In
such event, the administration shall present a complete detailed plan of the proposed work schedule, to
include, but not limited to, days worked, hours worked, rotation of days off, proposed effect on
computation of vacation days, overtime, etc. Such plan shall be presented to members of the FOP
Bargaining Unit who are affected by such change. A vote shall be taken of the affected membership
and must pass by a two thirds (2/3) majority. Upon passage, such plan may be implemented following
a 30 calendar day time period.
If such change is implemented, the change shall be implemented for a period of not less than six
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(6) months or more than twelve (12) months. If the change is deemed successful, then contractual
language will be added to the current Labor Agreement to reflect the new work schedule in detail using
the appropriate contract approval process as outlined in Article 36 of this Agreement.
In the event that such plan is found to be ineffective during the initial trial period, the original work
schedule outlined above shall be implemented following a 30-day notice for the remainder of the
calendar year.
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 (5) 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 two (2.0) hours off work per hour of overtime cashed in). The Chief
of Police or his or her representative with regard to the "Manpower Rule" will authorize time off.
(Time off for banked overtime is conditional and subject to denial / revocation if it becomes necessary
to maintain minimum shift manpower, provided the denial / revocation occurs prior to forty-eight (48)
hours of the requested day off.)
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 (1 1/2).
Overtime work hours for each officer can be banked up to two hundred (200) overtime hours. A
member of the FOP Bargaining Unit may request payment for all or a portion of his or her accumulated
overtime by submitting a written notice for such pay as per the established procedures set by the Chief
of Police.
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, a representative of the
Public Defender's Office or a representative of the Prosecutor's Office 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.
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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 worked beyond
forty (40) hours per work schedule during said emergency.
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, 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. Normally, any such law enforcement related
work shall be limited to twenty-four (24) hours per week, whether or not scheduled through the
department. The Chief of Police or his/her authorized representative can increase this twenty-four (24)
hour limitation if deemed necessary.
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 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.
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 officer's 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-four (24) 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, i.e.: SWAT, K-9,
Water Rescue, investigative.
It is the responsibility of each officer to keep track of his or her numbers of hours worked in extra -duty
or off -duty employment and in the call -in for overtime, and not exceed the maximum of twenty-four
(24) 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.
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 (5) 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
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All full-time members of the F.O.P. Bargaining Unit will follow this procedure for earning and taking
vacations.
1. Vacations shall be earned by all full-time members at a rate of five (5) vacation 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
11Years- 15 days
4 Years-7 days
12Years-15 days
5 Years-8 days
13 Years-15 days
6 Years-10 days
14 Years-15 days
7 Years-10 days
15 Years-15 days
8 Years-10 days
9 Years-10 days
10 Years-15 days
Additional Bonus Vacation leave is accumulated for all members of the F.O.P. Bargaining Unit hired
prior to January 1, 2007 as follows:
16 Years - 16 days
17 Years - 17 days
18 Years - 18 days
19 Years —19 days
20 Years and thereafter — 20 days
Bonus Vacation Leave shall be considered as workdays.
3. Officers may elect to take their vacation one (1) day at a time.
A forty-eight (48) hours notice must be given prior to the use of a vacation day or combination of
vacation days. The Chief of Police or his or her representative with regard to the "Manpower Rule" will
authorize time off.
4. The Chief of Police or someone he designates will arrange vacation schedules.
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 provision 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 maximum of two (2) officers shall be
granted their vacation/personal/bonus/birthday/FOP or hire anniversary day request. Additional officers
may be granted their requested day off if it does not create a manpower shortage. The supervisor may
solve the shortage from within the shift first. However, it shall be the officer's duty to help fill the
manpower shortage. The officer may ask any qualified officer to fill in for him or her for overtime pay.
This shall be done with an inter -office memo signed by both officers and given to the shift supervisor.
In addition, there will be an overtime board placed in the patrol squad room. The supervisor shall place
dates on this board to assist in finding the needed
manpower for the shift. Officers that wish to work on any of the posted days must submit an inter-
office memo to the shift supervisor. The day off will not be granted if an officer or supervisor cannot
find a replacement within forty-eight (48) hours of the requested day off.
10. 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.
11. All vacations that are selected five (5) days at a time shall start on Monday.
12. All requested changes in the vacation schedule must be approved by the Police Chief or his/her
authorized representative.
13. The vacation request forms must be completed and submitted to the Police Chief or his/her
authorized representative by the First Friday of March.
14. All vacation days must be taken during the calendar year.
ARTICLE 22. PAID HOLIDAYS
All members of the F.O.P. Bargaining Unit agree there will be no paid holidays as of January 2014.
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.
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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
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 ($500.00) will be paid at the completion of the officer's first year of
service and will be increased by 0.5% (1/2of 1%) 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 at a rate of 0. 5% (1/2of 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 seven
hundred dollars ($700.00) for the year 2017 and 2018, payable on or about the first day of July.
ARTICLE 26. SHIFT PAY
Additional annual compensation in the amount of nine hundred twenty five dollars ($925.00) for the
year 2017 and 2018 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.
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:
2017 and 2018
Associate Degree $ 750.00
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Bachelor Degree $1250.00
Masters Degree $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.
An educational institution approved by one of the following regional accrediting associations, which
have been recognized by the Council for Higher Education Accreditation (CHEA) must grant such
degree:
1. New England Association of Colleges and Secondary Schools, Commission of Institutions of Higher
Education.
2. Middle States Association of Colleges and Schools. (MSA)
3. North Central Association of Colleges and Schools.
4. Northwest Commission on Colleges and Universities.
5. Southern Association of Colleges and Schools.
6. Western Association of Schools and Colleges. Accrediting Commission for Senior Colleges and
Universities.
7. Western Association of Schools and Colleges. Accrediting Commission for Community and 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.
ARTICLE 28. INSURANCE
A. Active Employee Coverage.
The City shall provide the same PPO group health insurance for members of the F.O.P. Bargaining Unit
as is provided for other City employees. The City shall pay eighty per cent (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 keep the employee contributions at Plan year 2016 rates for the year 2017.
The City agrees to recognize each Union regarding insurance matters. The Union recognized are FOP,
IAFF, AFSCME, Transit Union (referred to hereafter as Bargaining Units).
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The City and Bargaining Units agree to recognize the following guidelines for the Committee;
1. One (1) vote per local Union and one (1) for civilian employees.
2. Committee agrees to recognize one (1) member from the City Council as a liaison and they
shall have no voting privileges.
3. The Committee may meet at least once per month and the City will provide financial statements
for the previous month.
4. The City agrees that any funds moved out of the Health Insurance Fund must come to the
committee for a majority vote. The vote of the Health Insurance Committee will be used as a
recommendation tool to the City Council.
5. A Recording Secretary will also be appointed to keep minutes of each meeting with no voting
rights.
The City shall carry basic medical and major medical coverage at levels comparable to the existing
coverage. At the time the City Healthcare 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 Healthcare 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.
Working spouses either full-time or full-time equivalent, as defined by state law in which the spouse is
employed, of active employees or retirees with Healthcare coverage available shall not be covered by
the City's Healthcare Plan.
B. Retiree Insurance Benefits.
A retiree who chooses to remain on City insurance shall be allowed to remain a part of the City's PPO
group health insurance coverage subject to the following terms and conditions:
1. If the retiree elects to remain part of the PPO Plan, the City shall charge one dollar ($1) annually for
coverage for the retiree and/or his/her spouse who exists at the time of retirement. (Such $1
premium does not cover subsequent spouses.) The premium coverage for any additional
dependent(s) on the PPO Plan 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.
Any spouse of a current retiree or current full time employee that has signed up for the PERF DROP
program prior to January 01, 2013 will still be eligible to remain on the City's Healthcare Plan.
2. For purposes of retiree insurance benefits, coverage under any plan, at any cost, shall only be
available to dependent 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 born with a subsequent spouse.
3. A retiree who subsequently obtains other full-time or full-time equivalent employment, as
defined by state law in which the retiree is employed,that offers Healthcare Insurance shall not be
covered by the City of Richmond's Healthcare Plan as primary, with the City of Richmond's Healthcare
Plan as secondary, if allowed by state or federal law.
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Current retirees and current full-time employees that have signed up for the PERF DROP
Program prior to January 01, 2013 will still be eligible to remain on the City's Healthcare
Plan.
4. 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 City 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. All other plan provisions,
including Pre -Existing limitations, shall apply. 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.
5. 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. 13895, et.seq. The retiree's eligibility for
retiree health insurance benefits shall continue until the retiree or spouse 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.
6. For purposes of this Article 28, 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 [i.e. The 1925 Police Pension Fund (I.C. 36-8-6-1,
et.seq.) or The 1977 Police Ofcers'and Firefighters ` Pension and Disability Fund (I.C. 36-8-8-1,
et.seq.)] or any member who, while an active member of the Department, becomes disabled as
determined by the PERF Board..
7. 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 29. 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 30. PURCHASE OF DUTY WEAPONS
A retiring officer may purchase his duty weapon and shotgun for one dollar ($1.00) each from the City.
The City of Richmond will provide a "Retired Police" badge to each retiring officer.
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ARTICLE 31 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 35 of this Agreement.
ARTICLE 32 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 33. 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.
ARTICLE 34 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.
Pension benefits for members of the 1925 Plan shall be calculated based on base pay plus twenty four
(24) years of longevity (1 /2 of 1 % times 24).
Pension benefits for members of the 1977 Plan shall be calculated based on base pay plus twenty (20)
years of longevity (1 /2 of 1 % times 20).
Calculation Examples:
(77) Plan Formula: Base Pay x '/z of 1% = Sub Total x 20 years = Sub Total + 1st year $500.00 =
Sub Total + Base = Certification Base
Example: $44,109.54 x .005 = $220.55 x 20 = $4,410.95+$500.00=$4910.95+44,109.54 =
$49,020.49
(25) Plan Formula: Base Pay x 1/2 of 1% = Sub Total x 24 Years = Sub Total + lst year $500.00 =
Sub Total + Base = Certification Base
Example: $44,109.54 x .005 = $220.55 x 24 = $5,293.14+$500.00=$5,793.14+$4910.95+44,109.54 =
$49,902.68
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ARTICLE 35. 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.
(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
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(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
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
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.
ARTICLE 36. 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:
I . 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.
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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.
ARTICLE 37 EFFECTIVE DATE
This Agreement shall become effective January 01, 2017 and shall continue in full force and
effect until 12:00 midnight December 31, 2018. The City and the FOP Negotiating Committee agree to
reopen the Agreement to negotiate economics on or about the first of February, 2017 for 2018. In the
event that the parties have not reached a new agreement by the contract expiration date set forth above,
this agreement shall continue in full force and effect for a period of one (1) year from the contract
expiration date set forth above.
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.
ARTICLE 38. MISCELLANEOUS
On or before the 15th of February prior to the expiration date of this Contract, the City and Union agree
to meet and negotiate amendments or modifications to this Contract.
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. B RGAINING UNIT
Donald Benedict
Aw%'
THE CITY OF RICHMOND, INDIANA,
by and through its Board of Public Works
and Safety
L�
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Date:
R. Austin Lipps
_ APPROVED B YOR-
Date: � � r/ %
Snow
City of Richmond
Date: 5i 1 � /w 2 19
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