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HomeMy Public PortalAboutORD16229BILL NO. 2022-010 SPONSORED BY Councilmember Schreiber ORDINANCE NO. /CO2,2. SUBSTITUTE AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE FRATERNAL ORDER OF POLICE LABOR AGREEMENT AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS WITHIN THE VARIOUS CITY FUNDS OUTLINED IN EXHIBIT A. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby supplementally appropriated within various City Funds $362,097.37 as indicated on Exhibit A, attached hereto. Section 2. The agreements attached as Exhibit B (Exempt) and Exhibit C (Non - Exempt) are hereby approved and the Mayor and City Clerk are authorized to execute the same. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Presiding Officer ATTEST: Co, 2022, Approved: Mayor Carrie Tergin -7,;.0a� APPROVED AS TO FORM: CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 5/11/2022 SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2021-2022 BUDGET General Fund: Revenue 10-100-490500 Transfer from Public Safety Tax Expenditure Police Department Salaries-501020 Holiday Pay -501 030 Social Security -502010 Retirement -502030 Public Safety Tax Fund: Revenue 55-100-490500 Transfer from (to) surplus Expenditure 55-700-590030 Transfer to General Fund $ 362,097.37 $ 362,097.37 Bill 2022-01 0 SUBSTITUTE Exhibit A $ 277,443.00 $8,460.97 $21,871.65 $54,321.75 $ 362,097.37 City of Jefferson, Missouri AND Missouri Fraternal Order of Police Lodge #19 Jefferson City Police Officer’s Association City of Jefferson City, MO FY 2022/23, FY 2024 & FY 2025 EXEMPT EMPLOYEES LABOR AGREEMENT ARTICLE I. AGREEMENT Section 1.01 – Parties. This agreement is made and entered into by and between the Fraternal Order of Police, Jefferson City Police Officer’s Association Lodge #19, herein referred to as the “Lodge,” and the City of Jefferson, Missouri, herein referred to as the “City.” Section 1.02 – Purpose. This Agreement is made for the purpose of setting forth the understandings and agreements between the City and the Lodge governing the wages, hours, terms and other conditions of employment for those employees (herein identified as “member” or “members”) included in the bargaining units as defined herein. Section 1.03 – Severability. If a court or competent jurisdiction finds any provision of this Agreement to be contrary to law, or if the City and the Lodge mutually agree that any provision is invalid by operation of law, such provision shall be of no further force and effect, but the remainder of the Agreement shall remain in full force and effect. In the event of such invalidity, the City and the Lodge will schedule a meeting at a mutually agreeable time, within thirty (30) days of one party’s written request to the other, to negotiate alternative language on the subject matter held to be or found to be invalid. Section 1.04 – Amendment of Agreement. No changes in this Agreement shall be negotiated during its duration unless the City and the Lodge agree in writing to so amend the Agreement. Section 1.05 – Conflicts. In the event that any provision of this Agreement conflicts with the City’s personnel manual or with any policies and procedures or general orders of the Jefferson City Police Department (herein after, the “Department,”) or with any other written directives issued by management, the provisions of this Agreement shall be controlling. The parties recognize that the City’s personnel manual, and the Department’s policies and procedures and other written directives will address topics not covered in this Agreement, and will provide further details about matters in this Agreement. To the extent those above-mentioned written materials do not conflict with the provisions of this Agreement, they shall be enforceable. ARTICLE II. RECOGNITION Section 2.01 – Bargaining Unit. The City, in particular to this specific agreement, recognizes the Lodge as the chief bargaining representative of the exempt commissioned police officers of the City of Jefferson, Missouri Police Department via City Resolution RS2021-18. The term “member” or “members” throughout this agreement reflects the City’s recognition of that term as exempt commissioned police officers in the City of Jefferson, Missouri Police Department. Section 2.02 – [RESERVED] Section 2.03 – Non-Discrimination. Both the City and the Lodge acknowledge and agree that there shall be no discrimination against or harassment of any employee by either party due to the employee’s race, gender, color, national origin, religion, age, disability, sexual orientation, military service status, Lodge membership status or lawful Lodge activities, genetic information, marital status, political affiliation, political activity consistent with federal, state and local law, or membership in any other category or classification that is protected by law. ARTICLE III. MANAGEMENT RIGHTS Section 3.01 – Management Rights. Except as otherwise expressly provided in this Agreement, the City retains to manage the Department, both directly and as delegated to the City Administrator and Police Chief, including but not limited to the right to: (A) Determine the mission of the City and the Department; (B) Direct the working forces; (C) Hire, classify, assign, promote, and transfer employees; (D) Suspend, demote, discipline, and discharge employees; (E) Relieve employees from duty because of lack of work or other legitimate reasons; (F) Change existing methods, operations, facilities, equipment, and type or number of personnel; (G) Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; (H) Assign work to bargaining unit and/or civilian support personnel; (I) Maintain and/or take steps to enhance the efficiency of the operation of the City and the Department; (J) Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; and (K) Nothing herein shall modify any employee’s status as being employed on an at-will basis. Section 3.02 – Rights and Responsibilities. The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’s selected management personnel. Failure of the City and/or Department to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 3.03 – Operation of Law. Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/or Department by operation of law. ARTICLE IV. LODGE RIGHTS Section 4.01 – Lodge Representatives. At the beginning of each new calendar year, the Lodge shall provide the Department with a list of members who shall serve as official Lodge representatives for that calendar year. If Lodge fails to provide such list, the City may rely on such failure to deem that the previous year’s Lodge representatives remain in such position until an updated list is provided by the Lodge. In addition, representatives of the Lodge shall be admitted to the City’s facilities for the purpose of processing grievances, performing official Lodge business as authorized herein, and attending meetings. Section 4.02 – Bulletin Board. The Lodge shall be permitted to continue to maintain a Lodge bulletin board at the Department. Lodge bulletins, Lodge materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Lodge bulletin board. Such bulletin board shall not be used for private commercial purposes. Section 4.03 – Use of Internal Mail. The Lodge shall be permitted to use the City’s and/or Department’s e-mail and hard copy internal mail distribution systems for Lodge business, so long as the Lodge’s use does not create a burden on the City’s electronic and/or physical systems, and so long as such mail use does not hinder on-duty personnel in the performance of their duties. The Lodge shall use the e-mail system only for the purpose of communicating with its membership, the Department, and City management. The Lodge and its members acknowledge that City mail and electronic communications may also be subject to public disclosure under the State’s sunshine law, although hard-copy materials when placed in a sealed envelope clearly marked as Lodge communication shall not be subject to review by the City and/or Department. Section 4.04 – Dues Deduction. The City agrees to withhold Lodge dues on a bi-monthly basis from all Lodge members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the Lodge on a time frame that coincides with pay periods, less the administrative fee charge to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by this section. The Lodge agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty (30) days in advance of any change in the amount withheld. The Lodge agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Lodge agrees that this payment for services shall be withheld from the monthly dues check from the City. Section 4.05 – Ballot Boxes. The Lodge shall be permitted to place a ballot box at the Department for the purpose of collecting members’ ballots on all Lodge issues subject to ballot, as long as the ballot box is presented in a way that it does not tamper with the day-to-day Department operations. Such box shall be the property of the Lodge and neither the ballot box nor its contents shall be subject to the City or Department’s review. Section 4.06 – Lodge Business. The City and Department recognize the following leave for duly elected or authorized representatives of the Lodge. (1) The City will pay full-time members who are already on duty and who serve as Lodge representatives for time spent on labor management meetings with City representatives, grievance meetings, and/or representing employees during investigatory interviews; if such task does not take away from the immediate required duties of the Lodge representative in their capacity as a police officer. This pay does not qualify for Lodge representatives who are already off duty and/or summoned to the need of a member from an off-duty capacity. All other Lodge business shall be performed on non-working time. Section 4.07 – Confidentiality. Members shall have the right to consult with a Lodge representative on a confidential basis regarding performance and disciplinary matters. To avoid any conflict between supervisory and Lodge responsibilities, all such confidential conversations shall occur only between members and Lodge representatives. Any Lodge representative, who has any supervisory responsibility over the person or issue involved, shall be excluded from serving as a Lodge representative in any way with regard to that particular issue. Further, the right of confidentiality under this paragraph shall be limi ted in that all members shall be obligated to immediately report to senior management and to answer questions about any statement reasonably indicating that an employee may have committed, or may have a current intention to commit, any crime. Section 4.08 – Release of Reasonable Records. The City shall, upon request, provide to the Lodge information and records reasonably relevant to the Lodge’s performance of its functions in serving as the chief bargaining representative of the employees in the bargaining unit. Where such information involves medical data or job-performance information, the City may require the Lodge to present a signed release from each employee covered by the request. Section 4.09 Request for Information Fee. In the event the City estimates that responding to a single information request will require the production of more than 300 pages of information that is not available in electronic format, and/or will require more than two hours of staff time to research or prepare, the City shall notify the Lodge of this fact, and the estimated charge for compliance with the request. Research and duplication time will be estimated and charged at the lowest hourly pay and benefit rate of available qualified personnel, and copies shall be estimated and charged at 10 cents per page. In no event shall the Lodge be charged if the actual cost of research, duplication, and copies is less than $20.00. Research time may include attorney time to review documents for purposes of determining closed status of requested records. Section 4.10 – Indemnification. The Lodge shall defend, indemnify and hold harmless the City in the event that a City employee should file a claim against the City for unauthorized dues deduction or release of information, and such deduction or release was pursuant to information, or a request for information, provided by the Lodge, or its members, to the City. ARTICLE V. NO STRIKE / NO LOCKOUT Section 5.01 – No Strike / No Lockout. The Lodge agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. The City agrees that it will not lock out any of the members covered by this Agreement. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Lodge shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. The Lodge’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement The failure of the Lodge to promptly so act, after notice by the Department, shall be construed to mean the Lodge sanctioned or condoned the actions of the members involved. If the Lodge does promptly so act, such actions shall be construed, absent other inconsistent acts by the Lodge, to demonstrate that it did not sanction or condone the unlawful and/or prohibited acts. The City may exercise its ability to withdraw recognition of the Lodge as set forth in Article V if the Lodge sanctions or condones the actions of the omissions prohibited by this Article. ARTICLE VI. WAGES Section 6.01 – Wages. On the effective date of this Agreement, Appendix A would become enforced in regards to wages/salary for all members. To install all current [grandfathered] members into Appendix A, the members shall enter the proper pay step in Appendix A based upon years of service and applicable promotional position with the Jefferson City Police Department at the time of this Agreement being implemented. The City Administrator and the designated Lodge Representatives shall agree on the placement of any particular members within a step set forth in in Appendix A for fiscal year 2023 and the remainder of fiscal year 2022. Members shall be advanced to the next step effective November 1 of each year, starting November 1, 2023, subject to a satisfactory or better employee evaluation within the previous 12 months. Members who are promoted prior to November 1 shall be eligible for November 1 step advancements. Once the initial installation of Appendix A is completed with current [grandfathered] members, then those members that follow this Agreement implementation will enter Appendix A accordingly. Section 6.02 – Lateral Entry. Lateral Entry candidates are defined as police officers currently employed with other law enforcement agencies. Applicants must have been a full-time non-probationary law enforcement officer with at least one (1) year of experience to be considered for a lateral transfer. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior law enforcement employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level officers with prior law enforcement experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. In following this determination of a lateral transfer into Appendix A and beginning salary determined by the City Administrator, the beginning salary shall not exceed the salary of an existing sworn member with the same uninterrupted years of service and education. Commensurate experience and eligible years of service, when applied to Appendix A, shall be determined by the City Administrator and shall be objectively applied. Even as a lateral transfer, newly-appointed Police Officers will remain in an introductory status for a minimum of one (1) year from the date of their hire. Introductory status may be extended at the discretion of the City Administrator. Section 6.03 – Promotions. Members who are promoted will receive the appropriate wages as set forth in Appendix A for the following promotional advancements, based upon the steps of Appendix A: Sergeant to Lieutenant: Three Step Advancement. Lieutenant to Captain: Two Step Advancement. Section 6.04 – Across the Board Pay Raises. The Lodge agrees and understands that the City reviews yearly across the board wage increases and may adjust all city salaries based on such. Under Appendix A, the Lodge recognizes and understands that if such wage increase does occur to general city employees [not Lodge members] – that such increase will not be implemented into Appendix A during the duration of this contract. Refer to Section 13.02 of this Agreement for any monetary increase within Appendix A, if this Agreement enters into a continuation beyond the term. ARTICLE VII. REDUCTIONS IN FORCE Section 7.01 – Layoffs and Recalls. Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. ARTICLE VIII. DISCIPLINE Section 8.01 – Discipline Disciplinary actions for unsatisfactory performance shall be taken in compliance with the City’s Personnel Policy Manual and the Department’s Regulations Manual 316.03, titled “Discipline.” ARTICLE IX. INTERNAL INVESTIGATIONS Section 9.01 – Administrative Investigations. Whenever a law enforcement officer is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted in accordance with applicable state law and applicable ordinance and departmental policies. ARTICLE X. GRIEVANCE PROCEDURE Section 10.01 –Grievances. A “grievance” for the purpose of this Article shall mean any dispute over the application and/or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Lodge, for the specific purpose of a grievance in this Article, shall b e the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Lodge for evaluation. The Lodge shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. ARTICLE XI. GENERAL PROVISIONS Section 11.01 – Uniforms and Equipment. The City and/or Department will provide all necessary uniforms and equipment for all Departmental personnel as detailed by policies and procedures. Members shall not be required to respond to any hazardous situation without the proper clothing and equipment, all properly maintained and in good working order. The City and/or Department will bear the costs of professional cleaning of all Department-issued uniforms. Section 11.02 – Policies to be Available. The City will make all policies that are applicable to members covered under this Agreement available to each member in electronic format. Members will be responsible for reading and complying with all such policies, and for asking questions about any area that is unclear to the individual member. Section 11.03 – Release of Personal Information. The City and Department agrees that it shall not release the name of members who are involved in a critical incident unless the member is criminally charged or an order is issued by a court of competent jurisdiction compelling the release of the officer’s name or as otherwise required by law. When a court order is issued in such a matter, the City and/or Department agrees to make every reasonable effort to notify the Lodge of such order so that the Lodge may intervene with the courts on behalf of the member, if it so desires. A “critical incident” for purposes of this section shall mean a use of force or duty related incident involving death or serious bodily injury of a non-employee, or death of a non-employee while in custody, or any pursuit resulting in death or serious bodily injury. Nothing in this Section shall create a personal right of action for any member and this Section is subject to the requirements of applicable state law, including but not limited to Chapter 610, RSMo. Section 11.04 – Uncompensated Work Prohibited. Bargaining unit members shall not be required as a condition of employment to participate in any uncompensated work for any charity or any special interest group. Section 11.05 – Review of Video(s). Members enjoy no expectation of privacy in videos taken by members or in videos in which a member appears. The Department may review and use patrol vehicle dash camera, body camera and other routinely prepared video for purposes of discipline where the usage of review is: (1) In response to a formal complaint or observed action(s). (2) Part of a randomly reviewed video (organized random internal audit) applied to an operational unit of the Department – completed by an employee tasked specifically with such audit assignment. (3) Part of an independent audit, or; (4) Other review done in a manner as to not single out member(s) without cause. (5) In the reasonable exercise of management rights. Before providing a formal statement in a critical incident or for the purpose of drafting official reports or documentation, members shall be permitted to review all patrol vehicle dash camera and body camera video footage associated with the incident. ARTICLE XII. COMPLETE AGREEMENT Section 12.01 – Complete Agreement. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set out in this Agreement. Therefore, the City and the Lodge, for the life of this Agreement, each voluntarily and unqualifiedly waiv es the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, except as expressly provided for herein. Further, each party voluntarily and unqualifiedly waives the right and agrees that the other shall not be obligated to bargain collectively over any other subject during the life of this Agreement, even though such subjects or matters are not addressed herein, and may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Should matters arise during the term of this Agreement that are appropriate subjects of collective bargaining, they shall be addressed under circumstances where the City and the Lodge agree in writing to so amend the Agreement. Section 12.02 – Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto, and supersedes and replaces any and all obligations and/or agreements, whether written or oral, express or implied, between or concerning the parties and/or represented members of the City. No amendment, modification, or addition to this Agreement shall be effective unless it is reduced to writing and signed by both parties. Section 12.03 – Savings. If any article or section of this Agreement shall be held invalid by operation of law, the remainder of the Agreement shall not be affected thereby. The Parties shall enter into immediate collective bargaining for the purpose of arriving at a mutually satisfactory replacement for any article or section that has been held invalid. ARTICLE XIII. TERM OF AGREEMENT Section 13.01 – Effective Date. This Agreement shall become effective upon ratification by both parties, and shall remain in effect through October 31, 2025. At least 60 days prior to expiration of this Agreement, either party may notify the other that they wish to meet and confer in a good -faith attempt to reach agreement on the terms of the renewal or replacement of this Agreement. In the event no notice is given, this Agreement will automatically renew for repeated successive one-year periods. If notice is given, then the terms of this Agreement will remain in effect after the expiration date, until the parties either reach agreement on a renewal or replacement agreement, or until the parties reach a bargaining impasse. By signing below, the parties represent that this Agreement has been duly approved and ratified, and they agree to abide by its terms and conditions. In the event the City experiences a decline in annual gross revenue compared to the amount budgeted for the previous fiscal year as shown in the annual audit of the City, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Lodge of this activity and agrees to meet and confer in a good -faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. Section 13.02 — Continuation beyond Term If this Agreement remains in effect after the expiration date, the monetary amounts for the final year of this Agreement set forth in Appendix A shall continue to increase by 2% annually, effective on the first day of the City's fiscal year. It is the intent of this section that any individual employee who is not at the maximum cap of their respective classification range will receive a 2% increase in salary each year that this agreement continues beyond the initial term, subject to increases due to promotion. Carrie Tergin, Mayor On Behalf of City of Jefferson ?6,2;•,_Date Ceti4t-e ao Jeremy Bowman, President On Be ferson City Police Officer's Association, Missouri Fraternal Order of Police Lodge #19 Date 1-7 boa- a City of Jefferson Police Officer Pay Step Plan FY 2022/2023 2.50% Job Title Pay Step Annual Salary Recruit - Academy 0 Police Officer 1 $46,000.00 2 $47,150.00 3 $48,328.75 4 $49,536.97 5 $50,775.39 6 $52,044.78 7 $53,345.90 8 8 $54,679.54 9 9 $56,046.53 10 10 $57,447.70 11 11 $58,883.89 12 12 $60,355.99 13 13 $61,864.89 14 14 $63,411.51 15 15 $64,996.80 16 16 16 $66,621.72 17 17 17 $68,287.26 18 18 18 $69,994.44 Sergeant 19 19 $71,744.30 2-Step Advance 20 20 20 $73,537.91 21 21 21 $75,376.36 22 22 22 $77,260.77 23 23 23 $79,192.28 24 24 24 $81,172.09 Lieutenant 25 25 $83,201.39 3-Step Advance 26 26 $85,281.43 27 27 $87,413.46 28 28 $89,598.80 29 29 $91,838.77 30 30 $94,134.74 31 31 $96,488.11 32 32 $98,900.31 Captain 33 $101,372.82 2-Step Advance 34 $103,907.14 35 $106,504.82 City of Jefferson, Missouri AND Missouri Fraternal Order of Police Lodge #19 Jefferson City Police Officer’s Association City of Jefferson City, MO FY 2022/23, FY 2024 & FY 2025 NON-EXEMPT EMPLOYEES LABOR AGREEMENT ARTICLE I. AGREEMENT Section 1.01 – Parties. This agreement is made and entered into by and between the Fraternal Order of Police, Jefferson City Police Officer’s Association Lodge #19, herein referred to as the “Lodge,” and the City of Jefferson, Missouri, herein referred to as the “City.” Section 1.02 – Purpose. This Agreement is made for the purpose of setting forth the understandings and agreements between the City and the Lodge governing the wages, hours, terms and other conditions of employment for those employees (herein identified as “member” or “members”) included in the bargaining units as defined herein. Section 1.03 – Severability. If a court or competent jurisdiction finds any provision of this Agreement to be contrary to law, or if the City and the Lodge mutually agree that any provision is invalid by operation of law, such provision shall be of no further force and effect, but the remainder of the Agreement shall remain in full force and effect. In the event of such invalidity, the City and the Lodge will schedule a meeting at a mutually agreeable time, within thirty (30) days of one party’s written request to the other, to negotiate alternative language on the subject matter held to be or found to be invalid. Section 1.04 – Amendment of Agreement. No changes in this Agreement shall be negotiated during its duration unless the City and the Lodge agree in writing to so amend the Agreement. Section 1.05 – Conflicts. In the event that any provision of this Agreement conflicts with the City’s personnel manual or with any policies and procedures or general orders of the Jefferson City Police Department (herein after, the “Department,”) or with any other written directives issued by management, the provisions of this Agreement shall be controlling. The parties recognize that the City’s personnel manual, and the Department’s policies and procedures and other written directives will address topics not covered in this Agreement, and will provide further details about matters in this Agreement. To the extent those above-mentioned written materials do not conflict with the provisions of this Agreement, they shall be enforceable. ARTICLE II. RECOGNITION Section 2.01 – Bargaining Unit. The City, in particular to this specific agreement, recognizes the Lodge as the chief bargaining representative of the non-exempt commissioned police officers of the City of Jefferson, Missouri Police Department via City Resolution RS2021-18. The term “member” or “members” throughout this agreement reflects the City’s recognition of that term as non-exempt commissioned police officers in the City of Jefferson, Missouri Police Department. Section 2.02 – Added Classification. In the event any new full-time sworn and commissioned job classification or job position is added by the City to the Department with a rank below that of Sergeant, the City will bargain with the Lodge regarding the wage amounts and implementation of such into Appendix A. Section 2.03 – Non-Discrimination. Both the City and the Lodge acknowledge and agree that there shall be no discrimination against or harassment of any employee by either party due to the employee’s race, gender, color, national origin, religion, age, disability, sexual orientation, military service status, Lodge membership status or lawful Lodge activities, genetic information, marital status, political affiliation, political activity consistent with federal, state and local law, or membership in any other category or classification that is protected by law. ARTICLE III. MANAGEMENT RIGHTS Section 3.01 – Management Rights. Except as otherwise expressly provided in this Agreement, the City retains to manage the Department, both directly and as delegated to the City Administrator and Police Chief, including but not limited to the right to: (A) Determine the mission of the City and the Department; (B) Direct the working forces; (C) Hire, classify, assign, promote, and transfer employees; (D) Suspend, demote, discipline, and discharge employees; (E) Relieve employees from duty because of lack of work or other legitimate reasons; (F) Change existing methods, operations, facilities, equipment, and type or number of personnel; (G) Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; (H) Assign work to bargaining unit and/or civilian support personnel; (I) Maintain and/or take steps to enhance the efficiency of the operation of the City and the Department; (J) Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; and (K) Nothing herein shall modify any employee’s status as being employed on an at-will basis. Section 3.02 – Rights and Responsibilities. The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’s selected management personnel. Failure of the City and/or Department to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 3.03 – Operation of Law. Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/or Department by operation of law. ARTICLE IV. LODGE RIGHTS Section 4.01 – Lodge Representatives. At the beginning of each new calendar year, the Lodge shall provide the Department with a list of members who shall serve as official Lodge representatives for that calendar year. If Lodge fails to provide such list, the City may rely on such failure to deem that the previous year’s Lodge representatives remain in such position until an updated list is provided by the Lodge. In addition, representatives of the Lodge shall be admitted to the City’s facilities for the purpose of processing grievances, performing official Lodge business as authorized herein, and attending meetings. Section 4.02 – Bulletin Board. The Lodge shall be permitted to continue to maintain a Lodge bulletin board at the Department. Lodge bulletins, Lodge materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Lodge bulletin board. Such bulletin board shall not be used for private commercial purposes. Section 4.03 – Use of Internal Mail. The Lodge shall be permitted to use the City’s and/or Department’s e-mail and hard copy internal mail distribution systems for Lodge business, so long as the Lodge’s use does not create a burden on the City’s electronic and/or physical systems, and so long as such mail use does not hinder on-duty personnel in the performance of their duties. The Lodge shall use the e-mail system only for the purpose of communicating with its membership, the Department, and City management. The Lodge and its members acknowledge that City mail and electronic communications may also be subject to public disclosure under the State’s sunshine law, although hard-copy materials when placed in a sealed envelope clearly marked as Lodge communication shall not be subject to review by the City and/or Department. Section 4.04 – Dues Deduction. The City agrees to withhold Lodge dues on a bi-monthly basis from all Lodge members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the Lodge on a time frame that coincides with pay periods, less the administrative fee charge to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by this section. The Lodge agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty (30) days in advance of any change in the amount withheld. The Lodge agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Lodge agrees that this payment for s ervices shall be withheld from the monthly dues check from the City. Section 4.05 – Ballot Boxes. The Lodge shall be permitted to place a ballot box at the Department for the purpose of collecting members’ ballots on all Lodge issues subject to ballot, as long as the ballot box is presented in a way that it does not tamper with the day-to-day Department operations. Such box shall be the property of the Lodge and neither the ballot box nor its contents shall be subject to the City or Department’s review. Section 4.06 – Lodge Business. The City and Department recognize the following leave for duly elected or authorized representatives of the Lodge. (1) The City will pay full-time members who are already on duty and who serve as Lodge representatives for time spent on labor management meetings with City representatives, grievance meetings, and/or representing employees during investigatory interviews; if such task does not take away from the immediate required duties of the Lodge representative in their capacity as a police officer. This pay does not qualify for Lodge representatives who are already off duty and/or summoned to the need of a member from an off-duty capacity. All other Lodge business shall be performed on non-working time. Section 4.07 – Confidentiality. Members shall have the right to consult with a Lodge representative on a confidential basis regarding performance and disciplinary matters. To avoid any conflict between supervisory and Lodge responsibilities, all such confidential conversations shall occur only between members and Lodge representatives. Any Lodge representative, who has any supervisory responsibility over the person or issue involved, shall be excluded from serving as a Lodge representative in any way with regard to that particular issue. Further, the right of confidentiality under this paragraph shall be limi ted in that all members shall be obligated to immediately report to senior management and to answer questions about any statement reasonably indicating that an employee may have committed, or may have a current intention to commit, any crime. Section 4.08 – Release of Reasonable Records. The City shall, upon request, provide to the Lodge information and records reasonably relevant to the Lodge’s performance of its functions in serving as the chief bargaining representative of the employees in the bargaining unit. Where such information involves medical data or job-performance information, the City may require the Lodge to present a signed release from each employee covered by the request. Section 4.09 Request for Information Fee. In the event the City estimates that responding to a single information request will require the production of more than 300 pages of information that is not available in electronic format, and/or will require more than two hours of staff time to research or prepare, the City shall notify the Lodge of this fact, and the estimated charge for compliance with the request. Research and duplication time will be estimated and charged at the lowest hourly pay and benefit rate of available qualified personnel, and copies shall be estimated and charged at 10 cents per page. In no event shall the Lodge be charged if the actual cost of research, duplication, and copies is less than $20.00. Research time may include attorney time to review documents for purposes of determining closed status of requested records. Section 4.10 – Indemnification. The Lodge shall defend, indemnify and hold harmless the City in the event that a City employee should file a claim against the City for unauthorized dues deduction or release of information, and such deduction or release was pursuant to information, or a request for information, provided by the Lodge, or its members, to the City. ARTICLE V. NO STRIKE / NO LOCKOUT Section 5.01 – No Strike / No Lockout. The Lodge agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. The City agrees that it will not lock out any of the members covered by this Agreement. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Lodge shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. The Lodge’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement The failure of the Lodge to promptly so act, after notice by the Department, shall be construed to mean the Lodge sanctioned or condoned the actions of the members involved. If the Lodge does promptly so act, such actions shall be construed, absent other inconsistent acts by the Lodge, to demonstrate that it did not sanction or condone the unlawful and/or prohibited acts. The City may exercise its ability to withdraw recognition of the Lodge as set forth in Article V if the Lodge sanctions or condones the actions of the omissions prohibited by this Article. ARTICLE VI. WAGES Section 6.01 – Wages. On the effective date of this Agreement, Appendix A would become enforced in regards to wages/salary for all members. To install all current [grandfathered] members into Appendix A, the members shall enter the proper pay step in Appendix A based upon years of service and applicable promotional position with the Jefferson City Police Department at the time of this Agreement being implemented. City Administrator and the designated Lodge Representatives shall agree on the placement of any particular members within a step set forth in in Appendix A for fiscal year 2023 and the remainder of fiscal year 2022. Members shall be advanced to the next step effective November 1 of each year, starting November 1, 2023, subject to a satisfactory or better employee evaluation within the previous 12 months. Members who are promoted prior to November 1 shall be eligible for November 1 step advancements. Once the initial installation of Appendix A is completed with current [grandfathered] members, then those members that follow this Agreement implementation will enter Appendix A accordingly. Section 6.02 – Lateral Entry. Lateral Entry candidates are defined as police officers currently employed with other law enforcement agencies. Applicants must have been a full-time non-probationary law enforcement officer with at least one (1) year of experience to be considered for a lateral transfer. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior law enforcement employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level officers with prior law enforcement experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. In following this determination of a lateral transfer into Appendix A and beginning salary determined by the City Administrator, the beginning salary shall not exceed the salary of an existing sworn member with the same uninterrupted years of service and education. Commensurate experience and eligible years of service, when applied to Appendix A, shall be determined by the City Administrator and shall be objectively applied. Even as a lateral transfer, newly-appointed Police Officers will remain in an introductory status for a minimum of one (1) year from the date of their hire. Introductory status may be extended at the discretion of the City Administrator. Section 6.03 – Promotions. Members who are promoted will receive the appropriate wages as set forth in Appendix A for the following promotional advancements, based upon the steps of Appendix A: Police Officer to Sergeant: Two Step Advancement. Sergeant to Lieutenant: Three Step Advancement. Section 6.04 – Across the Board Pay Raises. The Lodge agrees and understands that the City reviews yearly across the board wage increases and may adjust all city salaries based on such. Under Appendix A, the Lodge recognizes and understands that if such wage increase does occur to general city employees [not Lodge members] – that such increase will not be implemented into Appendix A during the duration of this contract. Refer to Section 23.02 of this Agreement for any monetary increase within Appendix A, if this Agreement enters into a continuation beyond the term. ARTICLE VII. REDUCTIONS IN FORCE Section 7.01 – Layoffs and Recalls. Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. ARTICLE VIII. DISCIPLINE Section 8.01 – Discipline Disciplinary actions for unsatisfactory performance shall be taken in compliance with the City’s Personnel Policy Manual and the Department’s Regulations Manual 316.03, titled “Discipline.” ARTICLE IX. INTERNAL INVESTIGATIONS Section 9.01 – Administrative Investigations. Whenever a law enforcement officer is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted in accordance with applicable state law and applicable ordinance and departmental policies. ARTICLE X. GRIEVANCE PROCEDURE Section 10.01 –Grievances. A “grievance” for the purpose of this Article shall mean any dispute over the application and/or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Lodge, for the specific purpose of a grievance in this Article, shall b e the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Lodge for evaluation. The Lodge shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. ARTICLE XI. GENERAL PROVISIONS Section 11.01 – Uniforms and Equipment. The City and/or Department will provide all necessary uniforms and equipment for all Departmental personnel as detailed by policies and procedures. Members shall not be required to respond to any hazardous situation without the proper clothing and equipment, all properly maintained and in good working order. The City and/or Department will bear the costs of professional cleaning of all Department-issued uniforms. Section 11.02 – Policies to be Available. The City will make all policies that are applicable to members covered under this Agreement available to each member in electronic format. Members will be responsible for reading and complying with all such policies, and for asking questions about any area that is unclear to the individual member. Section 11.03 – Release of Personal Information. The City and Department agrees that it shall not release the name of members who are involved in a critical incident unless the member is criminally charged or an order is issued by a court of competent jurisdiction compelling the release of the officer’s name or as otherwise required by law. When a court order is issued in such a matter, the City and/or Department agrees to make every reasonable effort to notify the Lodge of such order so that the Lodge may intervene with the courts on behalf of the member, if it so desires. A “critical incident” for purposes of this section shall mean a use of force or duty related incident involving death or serious bodily injury of a non-employee, or death of a non-employee while in custody, or any pursuit resulting in death or serious bodily injury. Nothing in this Section shall create a personal right of action for any member and this Section is subject to the requirements of applicable state law, including but not limited to Chapter 610, RSMo. Section 11.04 – Uncompensated Work Prohibited. Bargaining unit members shall not be required as a condition of employment to participate in any uncompensated work for any charity or any special interest group. Section 11.05 – Review of Video(s). Members enjoy no expectation of privacy in videos taken by members or in videos in which a member appears. The Department may review and use patrol vehicle dash camera, body camera and other routinely prepared video for purposes of discipline where the usage of review is: (1) In response to a formal complaint or observed action(s). (2) Part of a randomly reviewed video (organized random internal audit) applied to an operational unit of the Department – completed by an employee tasked specifically with such audit assignment. (3) Part of an independent audit, or; (4) Other review done in a manner as to not single out member(s) without cause. (5) In the reasonable exercise of management rights. Before providing a formal statement in a critical incident or for the purpose of drafting official reports or documentation, members shall be permitted to review all patrol vehicle dash camera and body camera video footage associated with the incident. ARTICLE XII. COMPLETE AGREEMENT Section 12.01 – Complete Agreement. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set out in this Agreement. Therefore, the City and the Lodge, for the life of this Agreement, each voluntarily and unqualifiedly waiv es the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, except as expressly provided for herein. Further, each party voluntarily and unqualifiedly waives the right and agrees that the other shall not be obligated to bargain collectively over any other subject during the life of this Agreement, even though such subjects or matters are not addressed herein, and may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Should matters arise during the term of this Agreement that are appropriate subjects of collective bargaining, they shall be addressed under circumstances where the City and the Lodge agree in writing to so amend the Agreement. Section 12.02 – Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto, and supersedes and replaces any and all obligations and/or agreements, whether written or oral, express or implied, between or concerning the parties and/or represented members of the City. No amendment, modification, or addition to this Agreement shall be effective unless it is reduced to writing and signed by both parties. Section 12.03 – Savings. If any article or section of this Agreement shall be held invalid by operation of law, the remainder of the Agreement shall not be affected thereby. The Parties shall enter into immediate collective bargaining for the purpose of arriving at a mutually satisfactory replacement for any article or section that has been held invalid. ARTICLE XIII. TERM OF AGREEMENT Section 13.01 — Effective Date. This Agreement shall become effective upon ratification by both parties, and shall remain in effect through October 31, 2025. At least 60 days prior to expiration of this Agreement, either party may notify the other that they wish to meet and confer in a good -faith attempt to reach agreement on the terms of the renewal or replacement of this Agreement. In the event no notice is given, this Agreement will automatically renew for repeated successive one-year periods. If notice is given, then the terms of this Agreement will remain in effect after the expiration date, until the parties either reach agreement on a renewal or replacement agreement, or until the parties reach a bargaining impasse. By signing below, the parties represent that this Agreement has been duly approved and ratified, and they agree to abide by its terms and conditions. In the event the City experiences a decline in annual gross revenue compared to the amount budgeted for the previous fiscal year as shown in the annual audit of the City, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Lodge of this activity and agrees to meet and confer in a good -faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. Section 13.02 — Continuation beyond Term If this Agreement remains in effect after the expiration date, the monetary amounts for the final year of this Agreement set forth in Appendix A shall continue to increase by 2% annually, effective on the first day of the City's fiscal year. It is the intent of this section that any individual employee who is not at the maximum cap of their respective classification range will receive a 2% increase in salary each year that this agreement continues beyond the initial term, subject to increases due to promotion. Carrie Tergin, Mayor (1)(0A,Ce, ( tVL. On Behalf of City of Jefferso / Date U Date Jeremy Bowman, President On : ' o efferson City Police Officer's Associati. , Missouri Fraternal Order of Police Lodge #19 6/74c .2 ARTICLE XIII. TERM OF AGREEMENT Section 13.01 — Effective Date. This Agreement shall become effective upon ratification by both parties, and shall remain in effect through October 31, 2025. At least 60 days prior to expiration of this Agreement, either party may notify the other that they wish to meet and confer in a good -faith attempt to reach agreement on the terms of the renewal or replacement of this Agreement. In the event no notice is given, this Agreement will automatically renew for repeated successive one-year periods. If notice is given, then the terms of this Agreement will remain in effect after the expiration date, until the parties either reach agreement on a renewal or replacement agreement, or until the parties reach a bargaining impasse. By signing below, the parties represent that this Agreement has been duly approved and ratified, and they agree to abide by its terms and conditions. In the event the City experiences a decline in annual gross revenue compared to the amount budgeted for the previous fiscal year as shown in the annual audit of the City, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Lodge of this activity and agrees to meet and confer in a good -faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. Section 13.02 — Continuation beyond Term If this Agreement remains in effect after the expiration date, the monetary amounts for the final year of this Agreement set forth in Appendix A shall continue to increase by 2% annually, effective on the first day of the City's fiscal year. It is the intent of this section that any individual employee who is not at the maximum cap of their respective classification range will receive a 2% increase in salary each year that this agreement continues beyond the initial term, subject to increases due to promotion. Carrie Tergin, Mayor (0w(A,( l Z, On Behalf of City of Jefferson %l —7, 2�a� Date ndlifri Jeremy Bowman, President On : ' o efferson City Police Officer's Associati . , Missouri Fraternal Order of Police Lodge #19 Date 6/74c City of Jefferson Police Officer Pay Step Plan FY 2022/2023 2.50% Job Title Pay Step Annual Salary Recruit - Academy 0 Police Officer 1 $46,000.00 2 $47,150.00 3 $48,328.75 4 $49,536.97 5 $50,775.39 6 $52,044.78 7 $53,345.90 8 8 $54,679.54 9 9 $56,046.53 10 10 $57,447.70 11 11 $58,883.89 12 12 $60,355.99 13 13 $61,864.89 14 14 $63,411.51 15 15 $64,996.80 16 16 16 $66,621.72 17 17 17 $68,287.26 18 18 18 $69,994.44 Sergeant 19 19 $71,744.30 2-Step Advance 20 20 20 $73,537.91 21 21 21 $75,376.36 22 22 22 $77,260.77 23 23 23 $79,192.28 24 24 24 $81,172.09 Lieutenant 25 25 $83,201.39 3-Step Advance 26 26 $85,281.43 27 27 $87,413.46 28 28 $89,598.80 29 29 $91,838.77 30 30 $94,134.74 31 31 $96,488.11 32 32 $98,900.31 Captain 33 $101,372.82 2-Step Advance 34 $103,907.14 35 $106,504.82