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Home My Public Portal About002-1991 - ORDINANCE RATIFYING THE PROFESSIONAL AGREEMENT BETWEORDINANCE NO. 2-1991 AN ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE F.O.P. BARGAINING UNIT AND THE CITY OF RICHMOND, INCLUDING ESTABLISHING THE LONGEVITY PAY OF RICHMOND POLICE OFFICERS; AND AMENDING AMENDED ORDINANCE NO.37-1990 TO SET SALARIES FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES WHEREAS, the Board of Public Works and Safety through its negotiating team has negotiated with the representatives of the John Hennigar Lodge #63, Fraternal Order of Police, representing members of the Richmond Police Department and in said negotiations have agreed on the articles contained in the Professional Negotiation Agreement; and WHEREAS, Indiana Code I.C. 36-8-3-3 authorizes the Common Council of the City of Richmond, Indiana to ratify such amendments; and WHEREAS, the Board of Public Works and Safety and the Richmond F.O.P. have set their hands and seals the 27th day of December, 1990 to the Agreement; and WHEREAS, such Professional Negotiation Agreement has been approved by Mayor Frank H. Waltermann; and WHEREAS, the Common Council of the City of Richmond, Indiana, desires to ratify such Professional Negotiation Agreement and to incorporate such Professional Negotiation Agreement into this ordinance; and WHEREAS, effective January 1, 1991, Ordinance No. 10-1990 shall be rescinded, NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION I. The Professional Negotiation Agreement entered into by the Union and the City on the 27th day of December, 1990 is hereby ratified and incorporated into this ordinance. SECTION If. That Ordinance No. 37-1990 be amended to show that for the fiscal year beginning January 1, 1991, and ending December 31, 1991, the following appointed officers and employees of the City of Richmond, Indiana shall receive the following salaries for the following positions: Captains (6) $ 25,910. Investigators (11) 23,310. Lieutenants (5) 24,510. Sergeants (5) 23,810. Patrolman (47) 22,354. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this Z day of January, 1991. President of Common Council ATTEST: City 0,lerk ARTICLE 3. RECOGNITION The CITY recognizes the F.O.P. BARGAINING UNIT as the bargaining unit for those members of the Richmond Police Department whose rank is Patrolman, Investigator, Sergeant, Lieutenant, or Captain. Negotiating members of the F.O.P. BARGAINING UNIT shall be active members of the Richmond Police Department and in good standing of the John Hennigar Fraternal Order of Police #63. The F.O.P. BARGAINING UNIT shall consist of five (5)• members; President of John Hennigar #63, Past Chairman of BARGAINING UNIT, and three additional members. The three members shall be appointed in the following manner: Members interested in serving on the BARGAINING UNIT shall submit their name to the John Hennigar Secretary by January 15th. If more than three names are submitted, an election shall be held on the first Friday in February. The three members receiving the highest number of votes will serve. In case the President of John Hennigar #63 is also past chairman, the list alternate will serve as a member. The F.O.P. BARGAINING UNIT 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, or Captain to take up any matter on his or her own. Further, this agreement will apply to all Richmond Police Department Officers who are not members of the F.O.P., John Hennigar # 63. The F.Q.P. BARGAINING UNIT recognizes the prerogative of the CITY to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the CITY has not officially delegated or modified by this AGREEMENT are retained by the CITY. Accordingly, for example, nothing contained herein shall restrict the rights of the CITY to hire, discipline, or discharge members of the F.O.P. BARGAINING UNIT. Accordingly, Article 15 Grievance Procedure would apply where applicable. 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. Should any part hereof or any provision 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 renegotiated by the parties hereto. 2 ARTICLE 7 NEGOTIATORS 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 election of delegates to the State or National Conferences of the Fraternal Order of Police (hereinafter 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 delegates to such conferences, limited by the "Manpower 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 and 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 Public 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 the east wall of the police squad room, Police Headquarters, and maintained under the supervision of the F.O.P. president or his designate. 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 legal action brought civilly against any member of the F.O.P. BARGAINING UNIT as a result of actions taken by said member while performing duties for the CITY, in accordance with I.C. 34-4-16.5-5. ARTICLE 11, NO STRIKE CLAUSE, LOCKOUT OR REDUCTIONS The F.O.P. BARGAINING UNIT agrees that it shall at no time instigate, or be a party to any strike. The CITY agrees there will be no lockouts, or manpower reduction by layoffs, within the Police Department. 3 ARTICLE 12 MINIMUM MANPOWER The Police Department is at full force with seventy-seven (77) officers. As positions become open the Chief of Police, acting as administrator for the City, shall start the hiring process in twenty (20) to thirty (30) days after the official open date of the vacancy. The official open date is defined as the last day for which an officer is paid with the hiring being completed in a reasonable amount of time. ARTICLE 13, RULES AND REGULATIONS All rules and regulations shall be printed and a copy furnished to each member of the Police Department. All directives and amendments to these rules and regulations can be found in the Captain's Office or posted in the squadroom lobby. All Directives and amendments shall be read by the Captain or his or her representative and signed by everyone on 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 insure that disciplinary action is conducted in a manner which is conducive to good order, a unit commander must issue a written intent to the member of the BARGAINING UNIT to take such disciplinary action within five (5) days after he or she is aware of the act requiring such disciplinary action. 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. The member filing must obtain a grievance form from the grievance committee. Police Department will provide the grievance forms. The grievance committee should be made up of the standing F.O.P. BARGAINING UNIT. The member filing the grievance will return his or her grievance, two (2) copies, to the committee within five (5) days of the incident for review by the grievance committee. The grievance committee has five (5) 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. 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: 4 I. Sergeant 2. Lieutenant 3. Captain 4. Chief of Police or his representative 5. 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 be then 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) 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) days from the date the grievance is filed with them to set a date for a hearing. The Board of Public Works and Safety has thirty (30) days from the date the President received the grievance to settle the matter. ARTICLE 16, WAGES Wages for the year 1991 shall be paid by the CITY to members of the F.O.P. BARGAINING UNIT as follows: Patrolman $22,354. A permanent wage differential per year in the ranks over Patrolman is established as follows: Investigator $ 956. Sergeant $ 1,456. Lieutenant $ 2,156. Captain $ 3,556. Wages will be paid on a bi-weekly basis. The first pay check of each year will be issued no later than the 14th day of January. 5 ARTICLE 17, TOUR OF DUTY The work period for members of the F.O.P. BARGAINING UNIT shall consist of twenty-eight (28) days, one hundred -sixty (160) working hours. The work period will be broken into four (4) work schedules measuring seven (7) days in length consisting of five (5) working days, eight (8) hours per day. No Officer may have his or her day off or shift changed without first receiving fourteen (14) days prior written notice. This does not apply in an emergency situation. 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 his or her overtime hours as time off (in lieu of pay at a rate of one and one-half (1-1/2) times the time worked over). Time off will be authorized by the Chief of Police or his or her representative with regard to the "Manpower Rule". Overtime pay 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 four hundred eighty (480) hours. All members shall receive court time for off -duty court appearances with a minimum of two (2) hours for each such appearance, all with written verification by the Court Bailiff, to be figured at the overtime rate. All members shall receive a minimum of four (4) hours overtime when they are called in for duty, outside their scheduled tour of duty. 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. 6 ARTICLE 19._ 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 their Supervisor. All qualified members will be permitted off on their birthday. All full-time members of the F.O.P. BARGAINING UNIT will follow this procedure for taking vacations: 1. Vacations shall be earned by all full-time members at a rate of five (5) work 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 has earned bonus vacation days. 2. Members shall be eligible for bonus vacation leave upon completion of three (3) years continuous full-time 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 12 years-15 days 4 years- 7 days 13 years-15 days 5 years- 8 days 14 years-15 days 6 years-10 days 15 years-15 days 7 years-10 days 16 years-16 days 8 years-10 days 17 years-17 days 9 years-10 days 18 years-18 days 10 years-15 days 19 years-19 days 11 years-15 days 20 years-20 days Bonus leave is considered as work days. 3. If any member of the Bargaining Unit so chooses, they may elect to take ten (10) of their vacation days in the following manner: a) One day at a time b) Or any combination less than five (5) days However, the member must select the option at the beginning of the calendar year and seven (7) days notice before each day or combination requested. Time off will be authorized by the Chief of Police or his or her representative with regard to the "Manpower Rule". 4. Vacation schedules will be arranged by the Chief of Police or someone he designates. No more than two (2) members will be permitted on vacation from each platoon or Specialized Division at one time. This provision excludes the Communications Division and any other designated by the Chief of Police subject to the "Manpower Rule" as defined. Any members may use his or her five (5) day weekend adjacent to his or her vacation period. This would also apply to those four (4) day yearly bonus days, as well as the four personal days. All vacation days must be taken during the calendar year. All members will be permitted an additional vacation day if any established holiday falls within the member's scheduled vacation. ARTICLE 21, 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 will be computed at the rate of the annual base pay of the member, including longevity, certification, and rank differential divided by two thousand eighty (2,080) hours. The legal holidays for which one and one-half (1-1/2) days additional pay shall be paid are: News Year Day Independence Day Presidents Day Labor Day Good Friday Veterans Day Easter Sunday Thanksgiving Day Memorial Day Christmas Day 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. j'Sx�t�L��k#1�� • _ � 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. 0 ARTICLE 23, 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.) in addition to their regular base pay. The five hundred dollars ($500.) will be paid at the completion of the officer's first year of service and will be increased by 0.5% (1/2 of 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 0.5% (1/2 of 1%) of the base salary of a first class Patrolman and such successive increases of longevity pay shall be cumulative in nature. ARTICLE 24. CLOTHINGALLOWANCE The CITY agrees to pay all members of the F.O.P. BARGAINING UNIT a clothing allowance of six hundred fifty dollars ($650.) per year, payable in the following manner: $162.50 on or about April first of each year, $162.50 on or about the first day of July of each year, $162.50 on or about the first day of October of each year, and $162.50 on or about the thirtieth day of December of each year. ARTICLE 25 SHIFT PAY Additional annual compensation in the amount of five hundred dollars ($500.) shall be paid to those members, covered by this AGREEMENT, who work rotating shifts or who are permanently assigned to second or third shift. Investigators covered by this AGREEMENT shall be paid two hundred dollars ($200.) as annual compensation when they are assigned to second or third shift. Each member of the F.O.P. BARGAINING UNIT having obtained the following educational degrees shall receive an additional compensation for the year 1989 as follows: Associate Degree $ 3 0 0.0 0 Bachelor Degree $500.00 Masters Degree $800.00 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. 0 Such degree must be granted by an educational institution approved by one of the following regional accrediting associations: 1. New England Association of Colleges and Secondary Schools. 2. Middle States Association of Colleges and Secondary Schools, Commission of Institutions of Higher Education. 3. North Central Association of Colleges and Secondary Schools, Commission of Colleges and Universities. 4. Northwest Association of Secondary and Higher Schools, Commission on Higher Schools. 5. Southern Association of Colleges and Schools. 6. Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities and Accrediting Commission for Junior Colleges. Any individual exception approved to date shall continue in effect. Each member of the F.O.P. BARGAINING UNIT shall be paid one hundred dollars ($100.) per year after receiving certification of the Indiana Law Enforcement Training Board of Indiana as a police officer and being accepted by the Board of Public Works and Safety as a regular police officer for the City of Richmond. The one hundred dollars ($100.) shall be paid on the pay period following the successful completion of the Law Enforcement Academy, or the first pay period of the calendar year, which ever is applicable. ARTICLE 28, INSURANCE The CITY shall provide the same group health insurance for members of the F.O.P. BARGAINING UNIT as is provided for other City employees. The City shall pay seventy per cent (70%) of the cost thereof and the said member pay thirty per cent (30%). The health insurance policy shall include basic medical as well as major medical coverage. The CITY agrees to recognize a designated member of the F.O.P. BARGAINING UNIT as a voting member of the City Self Insurance Committee, which is defined to be comprised of five (5) voting members, each having an equal vote, including the Mayor, the City Controller, the designated member of the Police Bargaining Unit and two (2) non -administrative level employees to represent all other City employees. 10 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. ARTICLE 29, eRESCRIPTIONLA The CITY agrees to replace prescription eye glasses broken or damaged in the line of duty. This damage is to be certified by the ranking officer. A retiring officer may purchase his duty weapon for one dollar ($1.00) from the City. 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 when approved by the Chief of Police, an Officer's Bill of Rights. ARTICLE 32, COMMON COUNCIL The financial aspect of this AGREEMENT are expressly subject to 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 it's efforts towards obtaining the said approval of Common Council. GI�� :•r • The City of Richmond shall replace each members personal body armour as prescribed by the manufacturers warranty. F-aaaol 0- • ► :_► ►r The annual salary of the 74 members of the Bargaining Unit shall be reduced by $225.00 for the total sum of $16,650.00. This amount shall be transferred to the F.O.P. Insurance Fund no later than January 31st of each year. 11 ARTICLE 35, EFFECTIVE DATE This AGREEMENT shall become effective upon January 1, 1991 and shall continue in full force and effect for a period of one (1) year. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this -9 i 1t day of _ Z , 1990. F.O.P. BARGAINING UNIT 12 BOARD OF PUBLIC WORKS AND SAFETY: APPROVED BY MAYOR: DISPOSITION OF ORDINANCE NO. o'L -199 1 RESOLUTION NO. -199 by Common Council Drdinance No. 2 Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date Susp, rules Ist read Title only ✓ (li te r!--------- ------ ---------- -------- -------- -------------- ------ ------ Seconded Proof of Publicaton Seconded ----- -------- -------------- ------ ------ Move to 2nd read ------- ------ --------- --------- ------- ------- Seconded Engrossment -------- ----- -------- - - - - Seconded t.— Susp rules 3rd read [tttll�c - - --------- -- ----- ------- ------ v --------------------- Seconded Passage ------ ---0 R ------- ---------- ------------ --------- ------ ------- -------- ------- Rejection p Date Passed r- —'? COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DA AMENDMENTS: COMMENTS: