HomeMy Public PortalAbout094-1986 - ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE FOP BARGAINING UNIT AND THE CITYORDINANCE NO. 94-1986
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. 53-1986 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 163, 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 15th day of December, 1986 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, 1987, Ordinance No. 5-1986 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rescinded,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 15th day of December, 1986 is
hereby ratified and incorporated into this ordinance.
SECTION II. That Ordinance No. 53-1986 be amended to show that
for the fiscal year beginning January 1, 1987, and ending
December 31, 1987, the following appointed officers and employees
of the City of Richmond, Indiana shall receive the following
salaries for the following positions:
Captains (6)
$21,281
Investigators (11)
18,681
Lieutenants (5)
19,881
Sergeants (5)
19,181
Patrolman (47)
17,725
PASSED AND ADOPTED by the Common
County, Indiana, thisIS6'� day
Council of the City of Richmond, Wayne
of ,( 1986.
P sident of Common Council
ATTEST:L.
City C1 k
PRESENTED by me to the Mayor of the City of Richmond, Indiana this
�9 day of �Oo�o �D1986.
i�y Clerk
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond;
Indiana this gu day of
Mayor
A T T E S T
City Cle
DISPOSITION OF ORDINANCE -NO. / 198%"
RESOLUTION NU. -198
by Common Council _ •-
'RCINANCE NC. —
RESOLUTICN NO. ELSTAOIv iLLIanS
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COMMITTEE ASSIGNMENTS:
Comnittee Date
Committee Hearing Date
Reassigned to Council Agenda
PUSLICATICN DATES:
AMENDMENTS:
CMENTS :
Ia
AGREEMENT
THIS AGREEMENT, was made and executed this IS day of December, 1986, between
the Board of Public Works and Safety on behalf of the City of Richmond, Indiana, hereinafter
called CITY and the John Hennigar Lodge #63, Fraternal Order of Police, on behalf of those
members of the Richmond Police Department hereinafter called F.O.P.BARGAINING UNIT, shall
hereinafter be binding on both parties upon adoption and during the term of this AGREEMENT.
WITNESSETH:
The parties hereto entering into this AGREEMENT for the purpose of promoting cooperation
and continuous harmonious relations between CITY and its employees, and the F.O.P. BARGAINING
UNIT in consideration of the promises, obligations, and undertaking of each party as contained
herein, agree as follows:
ARTICLE 1, LEGAL REFERENCE
Nothing in this AGREEMENT shall alter the authority of those persons mentioned in the
preceeding paragraph, 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 and shall control this AGREEMENT.
ARTICLE 2, LEGAL DEFINITION
"MANPOWER RULE" as referred to herein shall give the Chief of Police the right to determine
the feasibility of permitting the designated number of members of the F.O.P. BARGAINING UNIT
off at one time, when there exists, or will exist a shortage of manpower on their assigned tour -
of -duty by reason of their absence.
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. The F.O.P. BARGAINING UNIT shall consist of five (5) members
and 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.
ARTICLE 4, MANAGEMENT RIGHTS
The F.O.P. BARGAINING UNIT recognizes the perogative 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.
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.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.
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ARTICLE 9, F.O.P. BULLETIN BOARD
A bulletin board for the exclusive use of the Fraternal Order of Police shall be retained on
the West wall of the police squad room, Police Headquarters, and maintained under the
supervision of the F.O.P. president or his designate.
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 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.
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.
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ARTICLE 14t_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.
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. 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.
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ARTICLE 16, WAGES
Wages for the year 1987 shall be paid by the CITY to members of the F.O.P. BARGAINING
UNIT as follows:
Patrolman $17,725.
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 1987 will be issued on
January 9, 1987.
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.
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".
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Overtime pay is the member's annual base pay including permanent differential for rank
longevity, education incentive, shift differential, technician 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.
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, FIVE (5) DAY WEEKEND
All qualified members will be permitted off on the Friday that is designated their "five (5)
day weekend". Those qualified members not covered by the five (5) day weekend 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.
ARTICLE 20, VACATIONS
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
C.
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.
ARTICLE 21, PAID HOLIDAYS
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 I 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.
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ARTICLE 22, 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.
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% (112 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, 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.) 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 four hundred dollars ($400.) 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 thirty-five dollars ($35.) for each
one (1) month period during which they are assigned regularly to second or third shift.
0
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.Q.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 1987 as follows:
Associate Degree $200.00
Bachelor Degree $300.00
Masters Degree $400.00
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:
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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.
ARTICLE 28, CERTIFICATION AND ACCEPTANCE AS A POLICE OFFICER
Each member of the F.O.P. BARGAINING UNIT shall be paid fifty dollars ($50.) 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 fifty ($50.) 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 29, 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 30, PRESCRIPTION GLASSES
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.
ARTICLE 31, PURCHASE OF DUTY WEAPON
A retiring officer may purchase his duty weapon for one dollar ($1.00) 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 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, 1987 and shall continue in full
force and effect for a period of one (1) year.
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IN WITNESS WHEREOF, the parties have hereto set their hands and seals this ISM
day of CC 1985.
F.O.P. BARGAINING UNIT BOARD OF PUBLIC WORKS AND SAFETY:
Dennis Rice Susan Silberstein, President
Mark Smithj Zrown, ice President T^^TT^--
Waynehoud Ralph illis, Member
Terry Hopkins
f
—lam — ) � � '-(I I --------
W.L. Shake
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APPROVED BY MAYOR:
—_ —
Frank H. Waltermann