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Home My Public Portal About010-1990- ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREORDINANCE NO. 10-1990 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 ORDINANCE NO. 44-1989 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 1st day of February, 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Negotiation Agreement into this ordinance; and WHEREAS, effective January 1, 1990, Ordinance No. 73-1987 shall be rescinded, NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION I. The Professional Negotiation Agreement entered into by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 list day of February, 1990 is hereby ratified and incorporated into this ordinance. SECTION IL That Ordinance No. 44-1989 be amended to show that for the fiscal year beginning January 1, 1990, and ending December 31, 1990, the following appointed officers and employees of the City of Richmond, Indiana shall receive the following salaries for the following positions: Captains (6) $24,631 Investigators (11) 22,087 Lieutenants (5) 23,231 Sergeants (5) 22,531 Patrolman (47) 21,075. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of February, 1990. President of Common Council ANK PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this L � day of February, 1990. L,WE, APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, thi; Cow day of February, 1990. Mayor ATTEST:, � /&�� yr�ce�car� -sty C er rk 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 patrolman 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: 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. 4 ARTICLE 4, MANAGEMENT RIGHTS The F.O.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-DISCRIMINATIOI�I 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. SEPARABILITY 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. ARTICLE 7. NEGOTIATORS Reasonable provision shall be made by the CITY to permit members of the F.Q.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. 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. 2 ARTI UE_16. WAGES Wages for the year 1990 shall be paid by the CITY to members of the F.O.P. BARGAINING UNIT as follows: Patrolman $21 ,075. 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 1990 will be issued on , 1990. ARTICLE 17 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. 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 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". 5 After twenty (20) years - 20 work days bonus vacation leave will be added on the anniversary date for each year of continuous service thereafter, not to exceed a maximum of thirty (30) work days vacation. Bonus leave is considered as work days. 3. If any member of the Bargaining Unit so chooses, they may elect to take five (5) 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. Any member of the F.O.P. BARGAINING UNIT who completes a minimum of four (4) hours of their regularly assigned tour 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, 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. 7 ARTICLE 26, TECHNICIAN PAY Technician pay will be paid to members of the F.O.P. BARGAINING UNIT as follows: 1. Breathalyzer Technician - $225., paid to all members of the F.O.P. BARGAINING UNIT who are certified and maintain certification as technicians by the Indiana University School of Medicine, State Department of Toxicology. 2. Firearms Training Officer - $225., paid to all members of the F.O.P. BARGAINING UNIT who are certified FIREARMS INSTRUCTORS by the Indiana Law Enforcement Training Board, and who are assigned by the Chief of Police as FIREARMS TRAINING OFFICER. 3. Polygraph Examiner/Psychological Stress Examiner - $225., paid to all members of the F.O.P. BARGAINING UNIT who have been certified as either a Polygraph Examiner or a Psychological Stress Examiner by an accredited Polygraph School or a Psychological Stress School. 4. Lab Technician - $225., paid to the member of the F.O.P. BARGAINING UNIT appointed by the Chief of Police to serve as Lab Technician. 5. K-9 Officer - $225„ number of Officers and qualifications to be determined by the Chief of Police. 6. Communications Technician - $225., paid to the member of the F.O.P. Bargaining Unit appointed by the Chief of Police to serve as Communications Technician. ARTICLE 27. EDUCATIONAL INCENTIVE 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 $300.00 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. Such degree must be granted by an educational institution approved by one of the following regional accrediting associations: 9 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. 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. E A retiring officer may purchase his duty weapon for one dollar ($1.00) from the City. ARTICLE I 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 33, 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. ARTICLE 34-_ EFFECTIVE This AGREEMENT shall become effective upon January 1, 1990 and shall continue in full force and effect for a period of one (1) year. 11 DISPOSITION OF ORDINANCE NO. /0 _1990 RESOLUTION NO. -199 by Common Council Drdinance No/40-90 Resolution No. v Elsiro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date a -s- -90 Susp. rules Est read Title only --------------------------------------- c� Seconded Proof of Publicaton Seconded Move to 2nd read v Seconded Engrossment ------------------------- ------ v ---------- ----- — - ------ ------ ------ ------ ---------- Seconded Z.— Susp rules 3rd read ------------------------- ------ ---------- -------- ------ ------ v ------ ------ ---------- Seconded J Passage �(r� �i^ - --- - OR ------- -------- - ------ ----- --- ---- ------- ----------- Rejection 0 Date Passed e2 —57-10 COMMITTEE ASSIGNMENTS: Committee Commitee Hearing Date Reassigned to Council Agend8 PUBLICATION DATES: AMENDMENTS: COMMENTS: Date