HomeMy Public PortalAbout023-2007 - FOP ContractAGREEMENT
BETWEEN
THE CITY OF RICHMOND, INDIANA
AND
JOHN HENNIGAR LODGE #63
FRATERNAL ORDER OF POLICE
JANUARY 01, 2007
THROUGH
DECEMBER 31, 2007
Contract No. 023-2007
INDEX
ARTICLE
1
CONTROLLING AUTHORITY
PAGE
1
ARTICLE
2
MANPOWER
PAGE
1
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
WORK FORCE 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
7
ARTICLE
18
OVERTIME
PAGE
7
ARTICLE
19
SCHEDULED AND/OR OUTSIDE
PAGE
8
CONTRACT WORK
ARTICLE
20
FIVE (5) DAY WEEKEND
PAGE
10
ARTICLE
21
VACATIONS
PAGE
10
i
Ill 1] y►1
ARTICLE
22
PAID HOLIDAYS
PAGE 12
ARTICLE
23
PERSONAL DAYS
PAGE 13
ARTICLE
24
LONGEVITY PAY
PAGE 14
ARTICLE
25
CLOTHING ALLOWANCE
PAGE 14
ARTICLE
26
SHIFT PAY
PAGE 14
ARTICLE
27
EDUCATIONAL INCENTIVE
PAGE 14
ARTICLE
28
TAKE HOME CAR ASSESSMENTS
PAGE 15
ARTICLE
29
INSURANCE
PAGE 16
ARTICLE
30
PRESCRIPTION EYE DEVICES
PAGE 18
ARTICLE
31
PURCHASE OF DUTY WEAPONS
PAGE 18
ARTICLE
32
PREVAILING RIGHTS
PAGE 18
ARTICLE
33
COMMON COUNCIL
PAGE 18
ARTICLE
34
BODY ARMOR
PAGE 18
ARTICLE
35
PENSION FUND
PAGE 18
ARTICLE
36
POLICE OFFICER'S BILL OF RIGHTS
PAGE 19
ARTICLE
37
ELECTIONS AND VOTING
PAGE 20
ARTICLE
38
EFFECTIVE DATE
PAGE 21
ARTICLE
39
MISCELLANEOUS
PAGE 22
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AGREEMENT
This Agreement executed as of March 09, 2007, 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 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.
Contract No. 023-2007
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 (S) 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 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 it's 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 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 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.
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. S-S.
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.
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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
In steps I 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 of the step three (3) answer. 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
The City shall pay wages to members of the F.O.P. Bargaining Unit as follows:
New Officers/Recruits hired on or after 01/01/2007, who have not previously completed the full
ILEA Basic Training program shall be paid as follows during their first year of employment:
2007 $31,000.80
New Officers/Recruits hired on or after 01/01/2007, who are transferring from another Law
Enforcement Agency and have previously completed the full ILEA Basic Training program (or
equivalent), will be paid as follows during their first year of employment:
2007 $34,875.90
Officers who have completed a minimum of one (1) year of service, in good standing, shall be
paid as a I't Class Patrolman. Such wage shall be:
2007 $38,751.00
A permanent wage differential per year in the ranks over Patrolman is established as follows:
2007
Investigator
$1,970.00
Sergeant
$3,940.00
Lieutenant
$5,255.00
Captain
$6, 568.00
Wages will be paid on a biweekly basis. The first paycheck of each year will be issued no later
than the 14th day of January.
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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
(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 37 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 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 four (4) hours overtime for the full day. The Chief of Police or his or her representative
with regard to the "Manpower Rule" will authorize time off.
7
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 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, 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.
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.
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. 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.
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 (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, 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 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.
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.
M
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
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
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
12Years-15 days
13 Years-15 days
14 Years-15 days
15 Years-15 days
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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.
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. 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. Overtime will be filled on a first come first served
11
basis. Should there be more than one officer submit a memo to work on any posted day and
that slot has not been filled, the officer with highest seniority shall be selected. If an officer or
supervisor cannot find a replacement within forty-eight (48) hours of the requested day off, then
that day will not be granted.
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
-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
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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 day, vacation day, bonus day,
birthday, court day 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
personal/vacation/bonus 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
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.
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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 six
hundred fifty dollars ($650.00) for the year 2007, payable on or about the first day of July.
ARTICLE 26. SHIFT PAY
Additional annual compensation in the amount of nine hundred dollars ($900.00) for the year
2007 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:
2007
Associate Degree
$ 750.00
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.
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An educational institution approved by one of the following regional accrediting associations
must grant such degree:
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.
ARTICLE 28. TAKE HOME CAR ASSESSMENTS
Police Officers for the Richmond City who choose to drive their patrol cars to and from their
primary residence (home) to work shall pay an assessment based upon the primary residence of
the Officer. The assessment shall be at the rate of fifteen dollars ($15.00) per month or one
hundred eighty ($180.00) dollars per year for Officers that live within the Richmond City Limits
including the two (2) mile fringe. The assessment shall be at the rate of twenty dollars ($20.00)
per month or two hundred forty ($240.00) dollars per year for Officers that live outside the City
Limits, but within Wayne County. Officers that live outside of Wayne County shall pay an
assessment of twenty dollars ($20.00) per month or two hundred forty ($240.00) dollars per year
plus twelve (.12) cents per mile (round trip) based on the mileage from their primary residence to
the Wayne County limits and multiplied by eighteen (18) days per month or two hundred sixteen
(216) days per year.
For example, an Officer that lives five (5) miles from the Wayne County line would pay as
follows:
.12 (cents per mile) x 10 (miles round trip) x 18 (days per month)= $21.60 (additional
assessment) + $20.00 (flat assessment) = $41.60 per month or,
.12 (cents per mile) x 10 (miles round trip) x 216 (days per year) = $259.20 (additional
assessment) + $240.00 (flat assessment) = $499.20 per year.
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The total yearly assessment shall be deducted at the rate of 1/12 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.
Police Officers residing within Wayne County shall have limited off duty use, excluding
transporting of non -family members, such as, but not limited to travel to and from part-time work
details, health clubs, banking trips and etc.
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 member of
the City Insurance Committee.
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
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.
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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 born with a subsequent spouse.
4. The first four sections of Article 29 (B) shall remain in full force and effect through December
31, 2008.
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.
8. 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 [i.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 Department, becomes disabled
as determined by the PERF Board..
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.
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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.
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.
IN
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.
(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.
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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.
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:
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.
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.
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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.
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.
ARTICLE 38. EFFECTIVE DATE
This Agreement shall become effective March 08, 2007 and shall continue in full force and effect
until 12:00 midnight December 31, 2007. 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.
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ARTICLE 39. MISCELLANEOUS
The City and Union agree to meet and bargain for an extension of this Contract on or before April
1, 2007.
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
S/S Dean Snapp
Dean Snapp
S/S Don Benedict
Don Benedict
S/S Sean O'Brien
Sean O'Brien
S/S Michael French
Michael French
S/S Virgil Shaw
Virgil Shaw
THE CITY OF RICHMOND, INDIANA,
by and through its Board of Public Works
and Safety
S/S John Kenny
John Kenny
S/S Dian Lawson
Dian Lawson
S/S Mary Jo Flood
Mary Jo Flood
Date: March 8, 2007
APPROVED BY MAYOR:
Date: April 1, 2007
S/S Sarah (Sally) Hutton
Sarah (Sally) Hutton
City of Richmond
Date: March 9, 2007
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