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HomeMy Public PortalAbout107-1984 - ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE FOP BARGAINING UNIT AND THE CITY OF RICHMONDORDINANCE NO. 107-1984 AN ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE F.O.P. BARGAINING UNIT AND THE CITY OF RICHMOND. WHEREAS, the Board of Public Works and Safety through its wage 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. 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 this 21st day of June, 1984, to the professional negotiation agreements; 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 ratfiy such Professional Negotiation Agreement and to incorporate such Professional Negotiation Agreement into this ordinance; NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that; SECTION 1. The Professional Negotiation Agreement entered into by the Union and the City and dated the 21st day of June, 1984 is hereby adopted by reference, ratified and incorporated into this ordinance. PASSED AND ADOPTED by the Common Council.of the City of Richmond, Indiana this day of ���f:�./4�, 1984. ATTEST. 22SW City Clerk N PRESENTED by me to the Mayor of the City of Richmond, Indiana, this S6-/day of�sy�� 1984. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this S2�1 day of�/� 1984. yor ATTEST:%i/ Gf_Gr�iClirc.L�G/P�y�. Cfty Clerk onwwmw coowczL vorIwu ns0000 _ Title o ;Proof of Publication to 2nd read. k�tve Seconded Engrossment Seconded rules, 3rd read. ;1itle only ISeconded Seconded TABLED !Tit1p only movedfpr Adoption Seconded \ CITY OF RICHMOND OF RICH �O 50 NORTH FIFTH STREET u v RICHMOND, INDIANA 47374 TELEPHONE (317) 966-5561 FRANK H. WAL.TERMANN MAYOR �N41AN� CATHY A. MANESS, C.P.A. CONTROLLER August 30, 1984 Mr. Jack Elstro, President & Members of Comon Council Dear Jack and Members of Common Council, Ordinance No. 107-1984 ratify's the 1985 Police contract, Articles that include changes from the 1984 contract are: Additional Cost Article 3 - Recognition N/A Technical change in nave to insert F.O.P. Article 9 - Wages $47,804 4% increase to patrolman - no change in wage differential. Article 10 - Overtime $6,000. (a) amend to pay court time at overtime rate (b) change from exclusion of longevity to inclusion in hourly calculation (applys thru out contract to any hourly computation) (c) 1 additional day increasing # of days off 1 year to 4 for those not covered by 5-day weekend. Article 11 - Vacations increased each category by 5 days up to maximum of 30 days. Article 13 - Longevity pay $36,147. Already passed by Council in Ordinance No. 80-1984 Article 18,- Personal Days Increase to 4 from 1 Article 27 - Shift Pay Increase of both 2nd and 3rd to $400.00 from $228.00 and $342.00 respectively All other articles remain the same. This is a one (1) year contract. This agreement was signed by the Board in June. It has been held to allow for the passage of the salary ordinance and budget. Members of the Police bargaining unit will be at Council to answer any questions you have. Sincerely, Cathy A. Maness, Controller AGREEMENT THIS AGREEMENT, made and executed this ,?/otday of between the Board of Public Works and Saftey on behalf of the City of Rich- mondmond, Indiana, hereinafter called CITY, and the John Hennigar Lodge #63, Fraternal Order of Police, on behal- of those members of the Richmond Police Department hereinafter called F.O.P. BARGAINING UNIT, shall here- after be binding on both parties upon adoption and during the term of THIS AGREEMENT. 1-71TNESSETH: The parties hereto entering into THIS AGR1_.EMENT for the purpose•of promoting cooperation and contin-,i•.;s 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 TZI^ AGREEMENT shall alter thcL authority of those per- sons mentioned in the preceding paragraph, as specified by State Stat- ute, City Ordinance, or resolutions or in any way abridge or reduce the au- thority of said persons. The parties acknowledge that CITY has adopted a "Merit System" for -the operations of its police department; and should the lerm^, of,"HTS AGREEMENT conflict with any such adopted "Merit.:Sys- tem'', the provisions of such "Merit System" shall override and shall con- trol THIS AGREEMENT. ARTICLE 2, LEGAL DEFINITION ✓Tj tL 3.; "MANPOWER RULE" as referred to herein shall give the Chief of di Police the right to deteruu'.n-I, the feasibility of permitting the des- ignated number of members of the F.O.P. BARGAINING UNIT off at one time, when th•:re exists, or will exist a shortage of manpower on thier assigns-? 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 Patrol- man, Invr-.stigator, Sergeant, Lieutenant, or Captain. Negotiating members _ of the F O.P. BARGAININC 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. adages B. Hours i C. Fringe Benefits D. Tiorking Conai tions THIS AGREEMENT shall not abridge the right of any member of the Rich- mond 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 nenartment Officers who are not members of the F.O.P., John Hennigar #6 3. ARTICLE 4, 11ANAGEMENT RIGHTS The F.O.P.BARGAINING TINIT recognizes the nerogative of the CITY to operate and manage its affairs in all respects in accordance with its resoon- sibilities and the powers and authority which the CITY has not officially �.- delegated or modified by this AGREEMENT are retained by the CITY. Acc- ordingly, for example, nothing contained herein shall restrict the rights of the CITY to hire, discipline, or discharge members of the F.O.P.``I BARGAINING UNIT. Accordingly, Article 16 Grievance Procedure would apnly + r 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 aff- iliation, or national origin; nor shall either party to THIS AGREEMENT discriminate agains� any person because of such per::on's participation in THIS AGREEMENT. ARTICLE 6,_SEPARABII.ITY 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 affect the remainin Por- tion of ,THIS AG^..'"EPt-:T... Any such clause declared illegal shall be renegotiated by the parties hereto. ARTICLE 7, NEGOTIATORS Reasonable provision shall be made by the CITY to hermit members of the F.O.P. BARGAINING UNIT to attend scheduled meetings with the CITY for the purnose of negotiating. This will include such on -duty members, but sub- ject to the "Manpower Rule" as defined. I ARTICLE A, MEETINGS AND CONFERENCES A. Delegates Selgction or election of delegates to the State or National Con- ferences of the Fraternal Order of Police (hereinafter called F.O.P.) shall y t 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 con- ferences, limited by the "Manpower Rule" as defined. R. Meetings of the F.O.P. It is understood by the parties to THIS AGREEMENT that the F.O.P. conducts regular monthly 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. ARTICLE 9, WAGES Wages for the year 1985 shall be paid by the CITY to members of the F.O.P. BARGAINING UNIT as follows: Patrolman $16; 790.00 A permanent wage differential per year in the ranks over Patrolman is established as follows: I Investigator $956.00 Sergeant $1,456.00 Lieutenant $21:056.00 Captain $3,056.00 ARTICLE 10, OVERTIME A regular work week for members of the F.O.P. BARGAINING UNIT shall consist of five (5) days of eight (8) hours each, for a total of 40 hours, with this exception: Snecialized Divisions, as required to complete their proper rotation of shifts. Any time worked over eight (8) hours per day or forty(40) hours per week shall be considered overtime. A member of the F.O.P. BARGAINING UNIT may request his accumulated overtime hours either as nay or in compensatory time off subject to the "Manpower Rule" anytime during the calender year; provided he makes his request two weeks in advance and had accumulated no less than two days. Such request can be made only one time a month; however, on December 1st the member shall elect whether he wants pay or compensatory time off. This is to be paid on or about December 20th. Pay or compensatory time off for overtime and courtime hours is the members annual base pay, including longevity, divided by 2,080 hours times 1.5. Time off will be authorized by the (thief of Police or his rep- resentative with regard ,to the "Manpower Rule". Each member of the F.O.P. BARGAINING UNIT may carry up to forty (40) hours of accumulated overtime into the succeeding calender year; any overtime carried forward into the fo- llowing calender year shall be taken in compensatory time off only, and no payment shall be made for such time carried forward. All qualified members will be permitted off an the Friday that is des- ignated their "five-day weekend". Those qualified members not covered by the five-day weekend will be given an additional four (4) days off per year at the discretion of their supervisor. All qualified members will be per- mitted off on their birthday. 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 additional pay for each hour beyond forty (40) hours per week worked during said emergency period, to be figured at straight time based upon their annual base pay, including longevity, divided by 2,080 hours times 1.5. All members shall receive court time for off -duty court aoppearances with a minimum of two (2) hours for each such appearance, all with written verification by the Court Baliff, to be figured at straight time based upon their annual base pay, including longevity, divided by 2,080 hours, k times 1.15. No Officer may have his days off,. or shift changed without first receiving fourteen (14) days prior written notice. This does not apply in an,emergency situation. ARTICLE 11, 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 ful'-time members at the rate of five (5) work days after six (6) months continuous employment which va- cation shall become a total of ten (10) work days after one (1) year con- tinuous 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 com- pletion of thres (3) years contiuous 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 1.8 years-18 days 10 years-15 days 19 years-19 days 11 years-15 days 20 years-20 days After twenty (20) years - 20 work days bonus vacation leave will be led on the anniversary date for each year of continuous service thereafter, i f f not to exceed a maximum of 30 work days vacation. Bonus leave is considered as work days. <� 3. The Chief of Police shall determine the time and amount of va- cation that shall be taken at one time, except that in all cases members are limited to thirty (30) work days at any one time. 4. Vacation schedules will be arranged by the Chief of Police or someone he designates. No more than two 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 member may use his five-day weekend adjacent to his vacation period. This would also apply to those four -day yearly bonus days, as well as the four personal days. No vacations shall be gr;uted during the first six months of employ- ment. The above provisions are based upon continuous employment only. Any member whose employment is terminated, then returns to such employment at a later date, shall be considered a new member. All vacation days must be taken during the calender year. All members will be permitted an additional vacation day if an established holiday falls within the member's scheduled vacation. ARTICLE 12, INSURANCE The City shall continue to carry for members of the F.O.P. BAR- GAINING UNIT basic medical insurancrt coverage in the same manner and amount as carried during the year 1994, with the CITY paying seventy per cent (70%) of the cost thereof and the the said member paying thirty per cent (30%). 'In addition, the City shall obtain and carry major medical health insurance upon such terms as may favorably be negotiated between the City and a reputable health insurance carrier„ with the City paying seventy per cent j (70%) of the cost thereof and the said member Paying thirty per cent (30%). Major medical coverage shall also be added for single (non married) members with the CITY Paying all the cost thereof. The CITY agrees not to negotiate an insurance Policy with less benefits. J ARTICLE 13, LONGEVITY PAY Longevity pay shall be paid to all members of the F.O.P. BARr:AIN- INn UNIT in accordance with the following formula, longevity nay for members of the F.O.P. BARGAINING UNIT shall be 0.5% of the Patrolmans wage, Per man ner ,year, beginning on the anniversary date at the beginn- ing of the 2nd year; and that the longevity pay of the members of the F.O.P. BARGAINING UNIT shall be increased accordingly throughout the term of employment. I ARTICLE 14, EDUCATIONAL INCENTIVE Each member of the F.O.P. BARGAINING UNIT having obtained the foll- owing educational degrees shall receive an additional compensation for the year 1985 as follows: Associate Degree $200.00 Bachelor Degree $300.00 ?Masters Degree $400.00 This compensation shall begin with the next nay period following re ceint of such degree and the amount stated above shall be nro-rated over the balance of the year in which the degree is received. The said amount i shall likewise be n_ro-rated for a probationary member starting with the pay I period following the termination of his probationary period. Such degree must be granted by an educational institution approved by one of t}e following regional accrediting associations: 1. New --+ngland 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, Comm- ission on Higher.Schools. 5. Southern Association of Colleges and Schools. 6. Western Association of Schools and Colleges, Accrediting Comm- ission for Senior Colleges and Universities and Accrediting Comm- ission for Junior Colleges. Any individual exception approved to date shall continue in effect. ARTICLE 15 CER.TIFICATION AND ACCEPTANCE AS A POLICE OFFICER Each member of the F.O.P. BARGAINING UNIT shall be paid fifty dollars (150.00) per year after rereiving certification of the Indiana Law En- forcement Training Board of Indianaas 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 $50.00 shall be paid on the pay period following the successful completion of the Law Enforcen,7"nt Academy, or the first pay period of the calender year, which ever is applicable. ARTICLE 16, 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. BAR- GAINING UNIT, 3.) atrr.;,., m-Yrn',er in the F.O.P. BARGAINING UNIT. Any grie- vance concerning the meaning, interpretation, or application of THIS ACGREMENT shall follow the following described procedure; but any other grie- vance maylikewise follow this procedure. The member filing must obtain f 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. BARGANING UNIT. The member filing the grievance will return his grievance, 2 copies, to the committee within five (5) days of the incident for review by the grievance committee. The grie- vance r_c,P.,mit:tee,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 member may select, shall Ore - sent the grievance to the member's immediate supervisor. The grievance shall be signed by this supervisor and, if not resolved, it shall be pre- sented V-o the next supervisor. The normal chain of command for a grie- vance to follow shall be: 1. 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 comnnnd 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 of the grie- vance was first presented to th,.- c1h9;n -f 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. 1. ARTICLE 17, PAID HOLIDAYS Any member of the R.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 (1.5) days pay in addition to his regular pay. To qualify for said holiday pay the member must work his full, assigned tour of duty the day before and the day after the said hol- iday. Holiday pay will be computed at the rate of the annual base pay of the member, including longevity, -divided by 2,080 hours. The legal holidays for which one and one-half (1.5) days additional pay shall be paid are; New Years Day Independence Day Presidents Day Labor nay Good Friday Veterans Day Easter Sunday Thanksgiving Day Memorial Da,? Christmas Day If court time or overtime is taken before or after any of the es- tablished legal holidays, such time will not disqualify any member of the F.O.P. BARGAINING UNIT from holiday pay as provided herein. ARTICLE 18, PERSONAL DAYS Each member of the F.O.P. BARGAINING UNIT may elect to take four personal days per year. The member must notify his supervisor of the date he has elected at least forty-eight (48) hours in advance of said date. This is subject to the "Manpower Rule" as defined. ARTICLE 19, 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. A11 directives and amendments shall be read by the Cap- tain or his representative and signed by everyone on platoon or specialized division. A member is not responsible for an amendment or dir- ective if he or she is not made aware of it. ARTICLE 20, V.A. ON THE JOB TRAINING BENEFITS T The Richmond Police Denartment shall be certified by.the Veteran's Administration so that all eligible members can draw their on the job train- ing benefits. ARTICLE 21, 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 t_l;e police squad room, Po- lice Headquarters, and maintained -nder the supervision of the F.O.P. president or his designate. ARTICLE 22, LEGAL DEFENSE FOR MEMBERS The CITY shall be obligated to provide legal defense by the City Attorney's Office of the CITY'S or the Police Deparr.ment's insurance carrier in any legal action brought civilly against any member of the F.O.P. BARGAIN- ING UNIT as a result of actions taken by said member while performing police duties for the CITY. ARTICLE 23, NO STRIKE CLAUSE, LOCKOUT OR REDUCTIONS The F.O.P. BARGAINING UNIT agrees that it shall at no time in- stigate, 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 24; COMMON COUNCIL The financial aspects 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 25, PRESCRIPTION GLASSES The CITY agrees to replace prescription eye glasses broken or dam- aged in the line of duty. This damage is to be certified by the rank- ing officer. ARTICLE 26, PURCHASE OF DUTY WEAPON A retiring officer may purchase his duty weapon for one dollar ($ 1.01)) from the CITY. ARTICLE 27, SHIFT PAY In the event the City should cor.tanue permanent shifts, the diff- erential compensation shall be as follows: Second Shift - $400.00 Third Shift - $400.00 ARTICLE 28 DISCIPLINARY ACTION In an effort to !v;z-.ire that disciplinary action is conducted in a manner which is conducive to good order, a unit commander must issue a wri- tten intent to the patrolman to take such disciplinary action within five (5) days after he is aware of the act requiring such disciplinary action. ARTICLE 29, CLOTHING ALLVANCE The CITY agrees to pay, all members of the F.O.P. BARGAINING UNIT a clothing allowance of six hundred and fifty dollars ($650.00) per year, payable in the following manner; $162.50 on or about April first of :-.ach ,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 20th day of j} cember of each year. ARTICLE 30, PREVAILING RIGHTS All rights, privileges, and working conditions enjoyed b-7 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 Pill of Rights. ARTICLE 31, 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 BARCATNTNG UNIT who are certified and maintain certification as tech— nicians 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 INSTRUCTOR 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-$225x paid to all members of the F.Q.P. BARGAINING UNIT who have been certified as -either a Polygraph Examiner or a Psychological Stress Examiner by -an accredited PolvRranh School or :ti rsvchological Stress School. A. Lah Toc:hnlelan-$225, nald to the member of the R.O.P. HARrAlN1N(: UNIT appointed by the Chief of Police to serve as Lab Technician. 5. Officer -amount number of officers and oualif.ications to be (Ieterminc:d by the chief of Police. 6. Communication Technician-$225, Paid to the member of the F.O.P. BAR- r,A1NIPI(', UNIT annointed by the Chief of Police to serve as Communications Technician. ARTICLE 3C EFFEC'TIVE_ THIS AGRLEsIENT shall become effective upon January 1, 1985 and shall. continue in full force and effect for a period of oney (1) year. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day ofJ, 1984. r.O,i). BARr.AININC UNIT.: T.Q. shake al Snith c alr 5harits Ilarold Raver. CIA .rehory n ar Os )orn BOARD OF PUBLIC WORKS AN' SAFETY: Cathy ess, Pres dent Joh6 Brown Susan Silberstein APPROVED � ��An