Res 1913 - WPA Collective BargainingCOUNCIL BILL NO. 2752
RESOLUTION NO. 1913
A RESOLUTION AUTHORIZING THE EXECUTION AND ADMINISTRATION
OF A COLLECTIVE BARGAINING AGREEMENT WITH THE WOODBURN
POLICE ASSOCIATION.
WHEREAS, the purpose of collective bargaining is to reach an agreement on
matters relating to wages, hours, working conditions, and fringe benefits for certain
represented employees; and
WHEREAS, the City of Woodburn and the Woodburn Police Association have
bargained in good faith and understand the personnel, financial, and organizational
impacts of their new agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to execute on behalf of the City of
Woodburn a collective bargaining agreement between the City of Woodburn and the
Woodburn Police Association.
Section 2. That the City Administrator is authorized to administer said
agreement.
Section 3. That a copy of said agreement is attached as Exhibit "A" and
incorporated herein.
Approved as to form:
APPROVED:
Passed by Coui
Submitted to tl
Approved by the Mayor
Filed in the Office of the Recorder
1(3I2� Zs C3
ATTEST:
Mary Te ant, Recorder
City of Woodburn, Oregon
Page 1 — COUNCIL BILL NO. 2752
RESOLUTION NO.
October 29, 2008
October 29, 2008
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PREAMBLE
This Agreement is agreed to between the City of Woodburn, Oregon, hereinafter called the City,
and the Woodburn Police Association, hereinafter called the Association. This Agreement is
entered into for the purpose of fixing the wage scale, schedule of hours, and conditions of
employment affecting members of the bargaining unit.
The purpose of this Agreement is to set forth the full agreement between the parties on matters
relating to employment relations.
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ARTICLE 1— RECOGNITION
The City recognizes the Association as the sole collective bargaining agent for all regular and
probationary employees employed in job classifications covered by this Agreement as listed in
Appendix A.
The parties further agree that the classifications of Sergeant, Captain, Deputy Chief, Chief and
Administrative Secretary are specifically excluded from the bargaining unit.
The accrual of all paid time off benefits and benefits (Articles 13, 14, 15 and 22) is predicated
upon a regularly scheduled, forty (40) hour workweek. Employees who work less than forty (40)
hours per week shall have all such benefits prorated based upon the relationship their regularly
scheduled work hour's bear to forty (40) hours, except that employees who regularly work less
than twenty (20) hours/per week shall not be eligible for benefits (Articles 13, 14, 15 and 22).
ARTICLE 2 - ASSOCIATION SECURITY
A. Association Dues: The City agrees to deduct once each month from the pay of
employees covered by this Agreement as applicable:
1. The Association membership dues and assessments of those Association members
who individually request such deductions in writing.
2. In lieu of paragraph 1 of this Article, a monthly service fee equal to the cost, to
the extent permitted by law, of negotiations and contract administration as
certified in writing by the Association to the City, not, however, to exceed the
uniformly required dues of members, from any employee who is a member of the
bargaining unit and who has not joined the Association within thirty (30) days of
this Agreement, or within thirty (30) days of becoming an employee, whichever is
later.
3. The Association expressly agrees that it will safeguard the rights of non -
Association employees, based upon bona fide religious tenets or teachings of a
church or religious body of which such employee is a member or other sincerely
held religious beliefs, in accordance with applicable law. As to any such
employee, such sums paid by such employee shall be equivalent to regular
Association dues and shall be paid to a non -religious charity mutually agreed
upon by the employee making such payment and the Association, or in lieu
thereof the employee shall request that such in -lieu -of -dues payment be not
deducted and shall make such payment to a charity as heretofore stated and shall
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furnish written proof to the Association and the City, when requested, that this has
been done.
4. The amounts to be deducted shall be certified to the City by the Treasurer of the
Association, and the aggregate deductions of all employees shall be remitted, by
Automatic Clearing House (ACH) transfer if requested by the Association,
together with an itemized statement, to the Treasurer of the Association by the
10th day of the succeeding month after such deductions are made. Such itemized
statement shall also include annotation as to any new hires or terminations.
Notification of new hires shall take place at the time the first dues payment is to
be paid and shall include the employee's name, Social Security number, mailing
address, and job title.
5. Provided the City acts in compliance with the provisions of this Article, the
Association will indemnify, defend, and hold the City harmless against any claims
made and against any suit instituted against the City as a result of the City's
enforcement of the above provisions or as a result of any check -off errors.
B. Bulletin Boards and Use of City Facilities: The City agrees to furnish and maintain a
bulletin board within the Police Department to be used by the Association for the posting of
notices and bulletins related to the Association. The City also agrees to permit the Association to
utilize available City facilities for meetings with employees conducted in accordance with
established City rules applicable to other groups within the community. All requests for use of
meeting rooms within the Police Department must be approved by the Chief of Police or his
designee.
C. Association Activities: Except as otherwise provided in the Agreement, during their
working hours, Association members shall not engage in solicitation for membership in the
Association, the collection of fees or dues for the Association, or carry on other business
activities of the Association, provided that this provision shall not prohibit conversations
concerning Association matters which do not interfere with the work and duties of any City
employee.
D. Payroll Deductions: All other previously established payroll deductions shall continue to
be offered so long as the present level of employee participation does not decrease.
ARTICLE 3 - NON-DISCRIMINATION
The provisions of this Agreement shall be applied equally to all employees in the bargaining unit
without discrimination as to age, marital status, race, color, sex, creed, religion, national origin,
political affiliation or other protected status or activities, in accordance with applicable law. In
light of state and federal discrimination remedies, the provisions of this Article 3 shall not be
subject to arbitration under the grievance procedure or serve as the basis for any other claim of a
violation of this Agreement.
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ARTICLE 4 - MANAGEMENT RIGHTS
The City shall retain the exclusive right to exercise the customary rights and functions of
management, including, but not limited to, directing the activities of the Department,
determining the levels of service and methods of operations, including subcontracting and the
introduction of new equipment; the right to hire, layoff, transfer, and promote; to discipline or
discharge probationary employees without limitation and non -probationary employees for just
cause; to determine work schedules and assign work, and any other such right (and function) not
specifically referred to in this Agreement. Management rights, except where abridged by
specific provisions of this Agreement, are not subject to the grievance procedure.
It is further understood and agreed that if the City does not exercise a management right reserved
to it or if the City exercises a management right reserved to it a particular way, such conduct
shall not be deemed a waiver of its right to begin exercising such a right in the future or to
exercise such a right differently in the future. However, nothing in this paragraph shall be
considered to be a waiver by the Association of bargaining rights afforded under the Public
Employees Collective Bargaining Act (PECBA).
ARTICLE 5 - STRIKES AND LOCKOUTS
In as much as there are other means, both by law and through this Agreement for the resolution
of disagreements that may from time to time arise, the parties agree as follows:
A. Lockout: During the term of this Agreement, the City shall not, as a result of a dispute
with the Association, deny employment to any employee covered by the terms of this
Agreement.
B. Strike: During the term of this Agreement, the Association or its members will not
participate in any strike, slowdown, or other concerted activity, to include the observance of the
picket line of another labor organization. In the event of a violation of the above by the
Association or members of the bargaining unit, the City may discipline, including discharge, any
employee involved in such prohibited activity on a uniform or selective basis.
ARTICLE 6 - ASSOCIATION BUSINESS
A. Association Representatives: The Association agrees to notify the City in writing of all
members selected to serve as official representatives. Employees designated as Association
representatives shall be allowed time off with regular pay for the purpose of representing
employees in disciplinary interviews and attending grievance procedure meetings, when such
meetings occur during the employee's scheduled work hours. In addition, a maximum of two (2)
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representatives of the Association will be allowed time off with regular pay to attend negotiation
and mediation sessions that occur during their scheduled work hours.
B. Special Conferences: Special conferences for important matters may be arranged between
the Association and the City upon mutual agreement of the parties. Such meetings shall be
arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented
at the time the agreement to confer is made. Two (2) official Association members shall be
permitted to attend such conferences without loss of pay to the extent such meetings are
scheduled during on -duty hours of the members so attending.
C. Association Meetings: On duty employees may attend Association Meetings held at
Department facilities no more than six (6) per year and no longer than one (1) hour in duration.
The Association shall give the Department reasonable notice, unless a shorter notice period is
agreed upon, so that an appropriate meeting room can be scheduled. On duty employees
attending Association Meetings shall respond to all calls as directed by a supervisor.
ARTICLE 7 - PERSONNEL MANUAL/CONTRACT
The City agrees to furnish each employee of the bargaining unit with either a written or
electronic copy of the City Personnel Manual, Department Rules and Regulations and a copy of
this contract. The cost of printing and assembling copies of this contract will be borne by the
Association. New employees shall be provided with the above at the time of their appointment.
All updates, additions, and/or modifications to the above shall also be supplied on a timely basis.
In the event of any conflict between the City Personnel Manual, Department Rules and
Regulations and the contract, the contract governs.
ARTICLE 8 — SENIORITY
A. Definition of Seniority: Seniority shall be defined as the length of an employee's
unbroken employment in the bargaining unit. Probationary employees shall not be considered to
have seniority, but shall be credited with seniority to their first day of employment in the
bargaining unit immediately upon completion of probation.
B. Breaks in Seniority: Except as stated in Section C, below, employees will continue to
accrue seniority unless and until their seniority is broken. Seniority will be broken and the
employment relationship will be severed if any of the following events occur:
1. Voluntary resignation or retirement;
2. Discharge of a regular employee for just cause or a probationary employee "at
will;"
3. Layoff or continuous absence from work due to off -the -job injury/illness for more
than twenty-four (24) month's duration;
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4. Failure to notify the Chief of Police or his designee of intent to return to work
pursuant to a recall notice sent by certified mail, return receipt requested, to the
last address provided to the City through personnel records within seven (7)
calendar days of receipt of such notification or ten (10) days of mailing,
whichever occurs later;
5. Failure to report for work immediately upon expiration of an authorized leave of
absence or, in the case of an absence due to off or on-the-job injury/ illness,
failure to report for available work within seven (7) days of receipt of notice of a
limited or full medical release to return to work;
6. Absence from work due to an on-the-job injury/illness in accordance with ORS
Chapter 659 — Workers' Compensation and Return to Work; or
7. Job abandonment.
Employees who are serving in the military will continue to receive seniority and reinstatement
according to applicable law.
C. Adjustments in Seniority Dates
Employee seniority dates will be adjusted in the following circumstances:
Promotions to Positions outside the Bargaining Unit
Employees who are promoted to positions within the Police Department that are
excluded from the bargaining unit, but are returned to bargaining unit positions by
the City return with the seniority they have accrued.
2. Leaves of Absence
Employees who are absent from work on a leave of absence will continue to
accrue seniority, provided they are drawing pay (e.g. vacation, holiday or sick
leave) and for up to thirty (30) days following depletion of their paid leave banks.
Thereafter, seniority will no longer accrue. This provision will not be applied to
employees who are designated as being on FMLA, OFLA, military or jury duty
leave.
D. Application of Seniority
Seniority shall apply to the following employment decisions:
Layoff: In the event of a layoff for any reason, bargaining unit employees shall
be laid off as follows: First, probationary employees shall be laid off. If there are
no probationary employees and/or the layoff of regular employees becomes
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necessary, such layoffs shall be in the order of lowest seniority first as defined in
A and C above.
2. Recall: Regular employees shall be called back from layoff in inverse order of
layoff. Recall notices shall specify a minimum of ten (10) days from the date of
mailing for the employee to return to work. The City may, however, specify a
later reporting date.
Employees who wish to waive re-employment rights may do so by written
notification to the City.
Shift Scheduling: Employees are entitled to use their seniority to bid for shift
preferences in accordance with Article 11, Section G.
4. Vacation Preferences: Employees are entitled to use their seniority to bid for
vacation time off in accordance with Article 14, Section B.
E. General Provisions
Seniority Lists: The City shall provide the Association with a seniority list upon
request.
2. Reinstatement of Seniority: If an employee is discharged, grieves the discharge
at arbitration or civil court, prevails and is reinstated, he/she shall receive
seniority credit for the period from discharge to reinstatement. Also, employees
returning from layoff or leave of absence which does not result in a break in
seniority as set forth in Section B, above shall have all previously accrued
seniority reinstated and/or adjusted in accordance with Sections B and C, above.
3. Restoration and Accrual of Benefits: Employees returning from layoff or leave
of absence that does not result in a break in seniority as set forth in Section B,
above shall have all previously accrued unused sick leave, holiday and vacation
benefits restored, but shall not accrue benefits for the period of the layoff or leave
of absence, except for continuation of health insurance premiums as required by
applicable law. In the event an employee suffers a break in seniority before
drawing all accrued sick leave, holiday and vacation benefits, any unused holiday
and vacation benefits will be paid to the employee at the time his/her seniority is
broken and employment is severed, consistent with applicable law.
ARTICLE 9 - OUTSIDE EMPLOYMENT
A. Activities that are not Related to Law Enforcement: Employees wishing to engage in
off-duty employment with another employer must obtain approval from the Chief by submission
of a request in writing for such approval. Likewise, employees wishing to make a material
change in the nature or hours of outside employment currently approved by the City must obtain
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approval by submission of a written request for such approval. Such written requests shall
specify the name of the prospective employer, the job title of the position, a description of the
nature of the work to be performed. Upon receipt of such request, the City shall have the right to
contact the prospective employer to independently determine the nature of the employment being
considered. The City shall normally approve or deny a request for outside employment within
seven (7) business days of its receipt.
The Chief may deny a request for approval of outside employment if there is a conflict of interest
or the nature or hours of work required for such employment would interfere with the ability of
the employee to perform required duties, including duties required to be performed outside the
employee's regular working hours. For purposes of this Article, a conflict of interest shall
include any circumstance where the employee's or overall department effectiveness would or
might be impaired as a result of the public's knowledge of the nature of the outside employment
or where such employment presents legal or other conflicts of interest which could or might
interfere with the employee's effectiveness as a law enforcement officer. When permission to
engage in outside employment is granted, it shall not be construed to in any manner compromise
the employee's obligation to the City to be available for overtime, call -out, and shift change on
the same basis as other employees who work in the same classification. In addition, the
employee shall schedule the outside employment in such a manner so as to have at least eight (8)
hours off for rest prior to the start of each regularly scheduled City shift.
B. Activities that are Law Enforcement Related: The City may from time to time agree to
provide law -enforcement -related services to other public agencies, local merchants, or other
organizations. When employees are detailed to such activities, the employee shall continue to be
subject to the direction and control of the Chief of Police and shall receive all benefits and rights
afforded by this Agreement. However, service in law enforcement training activities, e.g. service
as a DPSST instructor, shall be governed by the provisions of Section A, above, and not by the
provisions of this section.
ARTICLE 10 - WORK OUT OF CLASSIFICATION
When in the City's sole discretion an employee is temporarily appointed to a higher
classification, he/she shall receive a five percent (5%) pay increase for all time spent in such
assignment. All such appointments shall be by written notification to the employee.
The City shall establish an Officer in Charge (OIC) program. Said program shall include clearly
established criteria for eligibility for the program and attendant training requirements. Criteria
shall also specify when and how an officer shall be designated OIC and his or her duties in that
assignment. Employees designated OIC shall receive a five percent (5%) pay increase for all
time worked in such assignment. Although it is the City's desire to assign a supervisor or OIC to
each shift, the parties understand that such assignments are not required.
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ARTICLE 11 - HOURS OF WORK
A. Workday: A day is defined as a twenty -four-hour (24-hour) period commencing with
the employee's scheduled shift day. A regular workday for employees shall consist of either eight
(8) consecutive hours per day on the basis of a five-day workweek schedule (5-8 plan) or ten
(10) consecutive hours per day on the basis of a four-day workweek schedule (4-10 plan), or
twelve (12) consecutive hours per day on the basis of a four-day workweek schedule. All
employees shall be assigned a regular work schedule consisting of five (5) consecutive eight-
hour (8 -hour) workdays or four (4) consecutive ten-hour (10 -hour) days, with the same starting
time for each day, or an alternate twelve (12) hour workday schedule that complies with the Fair
Labor Standards Act (FLSA) requirements, and as implemented at the sole discretion of the City
of Woodburn.
When a twelve hour workday is implemented the parties agree to the adoption of a regular and
recurring 28 day work period (beginning January 1st of each year) pursuant to Section 7 (k) of
the Fair Labor Standards Act, 29 U.S.C. § 207 (k) and the implementation of a twelve (12) hour
workday. In such case, the Workday and Workweek shall be amended to consist of a
consecutive twelve (12) hour workday, and will provide for a twelve (12) hour work schedule:
This schedule shall consist of two (2) consecutive twelve (12) hour work days followed by two
(2) consecutive days off, three (3) consecutive twelve (12) hour work days followed by two (2)
consecutive days off, two (2) consecutive twelve (12) hour work days followed by three (3)
consecutive days off. Day Shift shall be 0600 to 1800 followed by Night Shift from 1800 to
0600.
The provisions of this section shall not apply during the week when a shift rotation occurs.
Employees shall not be required to work more than 16 consecutive hours without eight (8) hours
of rest between the next call to duty, except upon mutual agreement of the parties or an
emergency as declared by the Chief or designee.
The City reserves the right to implement or discontinue a 4 -twelve (12) hour schedule and re-
establish a 5-8 or 4-10 work schedule as currently provided after providing seven (7) days
written notice, without any further need to bargain concerning the decision or the impacts of the
decision to do so.
B. Meals and Breaks: Except for court days, training days, and days when traveling
outside the City, employees shall be entitled to two (2) ten (10) minute breaks per workday, and
one (1) thirty (30) -minute meal period per workday. These breaks and meal periods shall be paid
time. Employees working a twelve (12) hour shift shall receive three (3) fifteen (15) minute
breaks and one (1) thirty (30) minute meal period per workday. Employees may combine their
daily breaks at their discretion, subject to operating needs. During the employee's break and meal
period, the employee shall remain on on -duty status and shall be subject to call -out in cases of
immediate need.
Detectives: Detectives will work a regular forty (40) hour week. Generally, the schedule is
Monday — Friday, 8 am to 5 pm, with a one-hour unpaid lunch. Detectives will be allowed to
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work a 4/10 schedule at the Chiefs option. If a 4/10 schedule is implemented, the Chief may
direct that a 10 hour work schedule be discontinued at anytime during the year. Detectives will
be allowed to flex schedules for the purposes of meeting daily needs for regular scheduled shifts
with supervisory approval.
C. Workweek: A normal workweek shall consist of forty (40) hours of work during a
seven-day (7 -day) calendar period commencing 0001 Monday and ending midnight of the
following Sunday. When working a four -twelve (4-12) plan, a normal workweek shall consist of
up to one hundred forty seven (147) hours worked in a twenty-four (24) day work period. When
working an alternate twelve (12) hour shift, the normal workweek shall be as established by the
given schedule and in compliance with the FLSA. For employees assigned to work a four -
twelve (4-12) plan or an alternate twelve (12) hour plan on a regular basis, the City hereby
adopts and establishes a regular, recurring period of work which shall consist of twenty four (24)
days for the police officers so assigned, in accordance with the Fair Labor Standards Act, Section
7(k). It is understood, that in earlier negotiations for working 12's, the employees will receive
additional holiday pay as established in Article 13. (Note: Overtime training hours will be paid
as per FLSA, 29 USC § 207 (k).
D. Shift Changes: The Department reserves the right to make shift change with seven (7)
days advance notice. Shift changes, including changes due to mandatory training that occur
without seven-day (7 -day) prior notification will be subject to the overtime requirements of
Article 12 for the hours worked or in training except for those hours worked, which overlap with
the regularly scheduled shift. If a shift change without seven (7) days prior notification is the
result of another employee's use of sick leave, bereavement leave, administrative leave, holiday
leave taken as a result of a personal emergency, resignation with less than seven (7) days
(actually worked) notice, or absence from work due to a workers' compensation injury (except
for scheduled medical appointments with sufficient notice given to the City), the schedule
change shall, for purposes of overtime payment, be treated as though seven (7) days prior
notification had been given. Employees may voluntarily waive the seven (7) day notice
requirement.
E. Safety Release: Employees shall be scheduled to receive at least eight (8) hours off
between the scheduled end of shift and scheduled start of the next shift when working a 5-8 or 4-
10 plan, and ten (10) hours off when working a twelve (12) hour shift. If an employee does not
receive the minimum hours off between the scheduled end of his/her shift and scheduled start of
the next shift, he/she will be paid overtime for any hours worked during that eight (8) or ten (10)
hour period, as appropriate, except upon mutual agreement of the parties or an emergency as
declared by the Chief.
F. Shift Trades: Shift trades, which are voluntary between employees, will be allowed
when both employees submit written request twenty-four (24) hours in advance specifying both
the initial and the reciprocal trade that is to be made, subject to the following:
1. The request will be initiated by personal contact with a supervisor.
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2. No employee will work two shifts without at least eight (8) hours off between said
shifts.
3. City operations and employee safety will not be adversely affected by the shift
trade. When a shift trade occurs, each employee will for pay purposes, be treated
as though he/she worked his/her scheduled shift. However, in the event of a shift
extension, the employee working the extra time off receives the pay for same at
his/her established overtime rate.
4. In the event an employee leaves the City's employment without working a
reciprocal trade shift, the employee's final paycheck will be reduced by the
amount of wages that would have been earned if the reciprocal shift trade was
completed before separation from employment.
G. Shift Rotation:
1. Shift Scheduling: When operating under a 5-8 plan the regular shift rotation
shall occur approximately every three (3) months on the Monday of the first full
week of that month beginning in January. The shift scheduling process shall allow
the employee to select two (2) of the four (4) shift schedules (after seven years
with the Department, an employee may select all four shift schedules he or she is
to work during the year), as follows:
a. On or around October 15 of each year, the City shall first post a master
schedule of the anticipated available shifts for each quarter of the year and
the first quarter of the following year, which shall include days and hours
to be worked for each position.
b. Each employee, starting with the employee who has the most seniority,
shall in turn indicate his or her preference as to any two (2) of the four (4)
shift tours that he or she wishes to work among those indicated on the
master schedule that have not been previously selected by more senior
employees. However, any patrol officer who at the time of selection of
shifts for the following year worked twenty (20) or more days in a three-
month (3 -month) shift tour on a shift other than the shift he/she selected as
a result of shift reassignment pursuant to Section G 1 c below, shall select
by seniority three (3) of the four (4) shift tours that he or she will work.
Employees shall be allotted seven (7) days in which to complete the shift
bidding process.
C. Within seven (7) days after all employees have made two (2) (or 3, if
applicable) shift tour selections, the City shall, without limits as to its
discretion, schedule the remaining shift tours for each employee so as to
complete the work schedule for the year from the listed shifts.
2. Twelve G 2) hour Shifts:
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a. Shift rotation while working a twelve (12) hour schedule will occur on a
quarterly basis as near as possible to the first of the months of January,
April, July, and October. It is understood that this twelve (12) hour work
schedule is based on a no overtime expense to the City by virtue of
rotation.
b. Shift teams and/or shift assignments created under a twelve (12) hour
work schedule will be established solely on the basis of operational needs.
However, the City will evaluate team effectiveness and makeup not less
than every twenty-four (24) months.
3. Exceptions: With regard to the above procedure, it is recognized that the
scheduling of shifts on the basis of employee preference will not be allowed to
interfere with the City's ability to provide the best and most cost-effective service
to the public. By way of example therefore, the following exceptions to the above
shift scheduling procedures are made:
a. Probationary employees shall not be subject to the provisions of this
Section G1, above.
b. Employees assigned to a particular activity that is traditionally associated
with specific work schedules shall not be subject to the provisions of this
Section.
Examples of such assignments include the following:
(1) Investigations/Detectives
(2) Inter -Agency Task Force Assignment
(4) Traffic Detail — Motorcycle Patrol
(5) School Resource Officer
(6) Community Policing Officer
(7) Canine Unit
(8) Community Response Team
It is further understood and agreed that in the event an employee requests or is
transferred from a specialty assignment to patrol duties during a shift schedule
period, such a change will not trigger an obligation to conduct new shift rotations
or alter current shift preferences made pursuant to Section G1, above. The City
shall assign any such employee a shift for the remainder of the current shift
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schedule which is based on operational needs. Officers scheduled to end an
assignment may shift bid with other officers during the normal shift bid process in
anticipation of the end of the assignment.
4. Discontinuance of 12 -hour shifts: Shift rotation in Section G will not apply to a
twelve (12) hour work schedule. Should the Chief of Police direct that a twelve
(12) hour work schedule be discontinued at anytime during the year, a shift
bidding process by seniority shall be conducted. The shift bidding shall be for the
remainder of the current calendar year and the balance of the next calendar year,
prior to the annual shift bidding process. The shift bidding shall be accomplished
in accordance with the Section G1 and G3, except that the initial posting of the
schedule for bid shall be not more than sixty (60) days after the discontinuance of
the twelve (12) hour shift. All non-priority vacations and time off will be
cancelled; the Department will then analyze the impact of shift bidding on the
scheduled priority vacations that are in conflict with a more senior officer's
priority vacation and allowing the re -bidding of that priority vacation at another
time, this will be followed by requests for Vacations and Holidays as outlined
more specifically under Article 14B 1 of the agreement. The parties agree that
seniority bid priority vacations, and vacations cancelled under such a
circumstance, are the result of shift re -bidding selections by employees and are
not under the control of the City, it is therefore agreed that Article 14 Section C is
waived in this situation.
H. On -Call Detective: Each week, commencing at 0800 hours on Monday and ending at
0759 hours the following Monday, the City may assign one (1) Detective to "on-call" Detective
status. The rotation schedule for on-call Detective shall be established by the City's Detective
Sergeant with input from the Association members assigned to Detective duty. Requests for
training or personal leave that affect the on-call schedule will be considered in establishing the
on-call rotation. Trading of on-call weeks between Detectives shall be permitted, with advance
approval from the Detective Sergeant or designee. At the end of each on-call week, the
Detective who completed the previous on-call week will be compensated an additional four (4)
hours holiday pay. All on-call Detectives must be able to respond to the call -out within one (1)
hour of contact.
I. Off -Duty Contacts: All employees, excluding on-call Detectives, who receive telephone
calls or other contacts from the Department regarding work-related matters while off-duty shall
be compensated as follows: If the contact exceeds seven (7) minutes in duration, the employee
shall be compensated a minimum of one-half (1/2) hour or actual time spent on such call at
his/her regular overtime rate of pay, whichever is greater. If the contact takes seven (7) minutes
or less, it will be considered minor and will not be compensated. Employees are responsible for
reporting all contacts of more than seven (7) minutes as time worked.
J. Off -Duty Canine Care: Canine Officer and dog training activities shall be conducted
primarily on -duty. Canine Officers accept and may resign from the position voluntarily.
Acceptance of the assignment is based upon willingness to care for the animal off-duty as a
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family pet. Employees who serve as Canine Officers shall not receive overtime wages for off-
duty care of the animal as a family pet. The parties intend to compensate for the off-duty care,
feeding, grooming, bathing, exercising, and kennel cleaning and maintenance time. The parties
intend to compensate for approximately two and one-half (2 %2) hours per week. The parties
agree that not more than two and one-half (2 1/2) hours per week are required for off-duty care
of the animal, and Canine Officers shall not exceed two and one-half (2 '/2) hours per week in
work-related canine duties without approval from a supervisor. The parties agree that dog care
activities do not have to be compensated at the same rate of pay as law enforcement activities,
and that each person assigned as Canine Officer will be entitled to a three percent (3%) premium
to the Officer's base pay. The parties agree that commuting to work with the dog does not
constitute "hours of work" solely because the dog is in the vehicle. Canine Officers shall be
entitled to a call back premium when duty concerns emergency care of their animal, consistent
with Article 12.13.
ARTICLE 12 — OVERTIME
A. Overtime Work: As used in this Agreement, overtime shall mean that time an employee
is authorized and directed to work in excess of eight (8) ten (10) hours or twelve (12) hours, as
appropriate, in one or on any day, or in addition to a scheduled forty -hour (40 -hour) shift week.
Overtime shall be computed to the nearest quarter (1/4) hour. The City has the unqualified right
to require employees to work overtime. If an employee is assigned to a twelve (12) hour shift,
the employee shall receive overtime pay if the employee works more than twelve (12) hours per
day or more than one hundred seventy-one 171) hours in a twenty-eight (28) day work period.
B. Call -Outs and Holdovers:
1. Selection: The City reserves the right to call out any and all employees based on
Department need or emergency. Shift holdover shall be offered on the basis of
seniority.
2. Exclusions: Exemptions from Section 1, above shall be the same as those listed
in Article 11, Section G3b.
3. Payment: Time worked that is not in conjunction with a shift shall be paid at a
minimum four (4) hours pay at time and one and one-half (1 '/2) the employee's
regular rate of pay. However, call -out will not be paid for scheduled
Departmental meetings, Field Training Officer (FTO), Officer in Charge (OIC)
and Chief s forum meetings, if the employee is given seven (7) days written
notice of the meetings. Such notice may be delivered to an employee's
Departmental mail box or electronically. If an employee is called out to work and
that call -out is subsequently canceled, the employee shall receive a call -out,
unless such cancellation occurs within ten (10) minutes of the first notification to
report to work.
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C. Duty -Connected Court Appearance: A court or administrative appearance in
conjunction with services performed as a Woodburn Police Officer shall be considered time
worked, and any expenses associated with such appearances shall be reimbursed. Pay for court
or administrative appearances in conjunction with law enforcement services performed prior to
an officer's employment as a Woodburn Police Officer will be determined by the City on a case-
by-case basis. All witness fees, mileage allowance, and related remuneration paid to the
employee for such appearances shall be turned over to the City.
ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS
A. Accrual: Employees will except as provided below for twelve (12) hour shifts accrue
8.67 hours per month for time off in lieu of holidays. For the purposes of accrual of time off in
lieu of holidays, a "month" shall be defined as including any month during which an employee is
actively working or is on vacation, holiday or other leaves of absence paid by the City. Time off
in lieu of holiday benefits do not accrue during periods that an employee is on layoff or unpaid
leaves of absence. In the event an employee is on layoff or unpaid leave for part of a month,
his/her holiday pay accrual will be credited for a full month, provided the employee has worked
during that month.
B. Time Off in Lieu of Holidays: Time off in lieu of holiday, which is taken by an
employee, will be charged to the nearest quarter (1/4) hour, to the employee's accumulated
holiday time account. Employees may only accrue a maximum of one hundred twenty (120)
hours of time off in lieu of holidays. Employees will be allowed to carry over time off in lieu of
holidays to a maximum of one hundred twenty (120) hours from one fiscal year to another.
During any month in which a twelve (12) hour shift is implemented, all employees shall receive
thirteen (13) hours of time off in lieu of holiday for that month. Employees shall have their
holiday accumulation increased to one hundred fifty six (156) hours during the period of time in
which a twelve (12) hour shift is implemented. All employees actually working twelve (12) hour
shifts shall receive fifteen (15) hours of time off in lieu of holiday for that month. Such
employees shall have their holiday accumulation increased to one hundred eighty (180) hours
during the period of time in which a twelve (12) hour shift is implemented. The employee shall
be compensated in cash for all holiday time that is in excess of their allotted maximum annual
accrual at the conclusion of a three (3) month period ending quarterly. In the event the twelve
(12) hour shift is eliminated, employees over the maximum accumulation set forth in the
Collective Bargaining Agreement shall be entitled to carry over those hours until such time as
they have voluntarily reduced those hours to the amount set forth therein.
C. Utilization: Holiday time off that is taken in conjunction with a vacation pursuant to
Article 14 shall not be subjected to the following provisions: Requests for accrued holiday time
off shall be in writing and submitted to the on duty supervisor. Such requests shall be approved
or denied within one (1) business day of the date that the request is received by a supervisor.
Holiday time off requests shall not be accepted by the City during the vacation bidding process
under Article 14. The City shall not be required to approve a holiday time -off request if doing so
would require or result in inadequate coverage or the payment of overtime to another employee.
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D. Termination of Employment: Upon the termination, resignation or other break in
seniority of a regular, non -probationary employee, all earned but unused holiday time shall be
paid at his/her current wage rate.
ARTICLE 14 — VACATIONS
A. Accrual Rate: The accrual of vacation shall be as follows:
Length of Service
Monthly Accrual
Number of hours
Maximum
Accrued Annually
Accrual
0-59 months
(0-4 years)
8 hours
96 hours
192 hours
60-119 months
(5-9 ears)
11 hours
132 hours
264 hours
120-179 months
(10-14 years)
13 hours
156 hours
312 hours
180-239 months
(15-19 years)
14 hours
168 hours
336 hours
240-299 months
(20-24 years)
16 hours
192 hours
384 hours
300 + months
(25 + years)
17 hours
204 hours
408 hours
Vacation benefits shall be credited as earned for each month of service, in accordance with A,
above, except that vacation accrued during the first twelve (12) months of continuous service
shall not be credited as earned vacation until the employee completes the first twelve (12)
months of continuous service. For the purpose of vacation accrual "month of service" shall be
defined as including any month during which an employee is actively working or is on vacation,
holiday or other leaves of absence paid by the City. Vacation benefits do not accrue during
periods that an employee is on layoff or unpaid leaves of absence. In the event an employee is on
layoff or unpaid leave for part of a month, his/her vacation will be credited for a full month,
provided the employee has worked during that month. For purposes of vacation accrual, the City
may credit laterally hired officers for their years of service worked at their prior agency.
B. Utilization: Any vacation accrued in excess of two (2) times an employee's annual
accrual will be forfeited, provided that in the event an employee is unable due to departmental
operational needs to take a vacation, he or she may request and be granted a waiver in writing so
as to allow for the accrual beyond the above maximum for a specified period. Such waiver
period shall normally not exceed four (4) months in duration.
1. Bidding under the Four -Twelve (4/12) Plan: When the Department is operating on a
four -twelve (4/12) plan, priority vacation bidding will take place on or around November
1st of each year with the posting of a team schedule. Bidding will be conducted within
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each team on the basis of seniority, with the senior -most officer having the first vacation
choice. Employees shall be allotted eight (8) days in which to complete the seniority -
based vacation sign-up process and the City shall have fourteen (14) days after its
completion in which to approve or deny the vacation requests, and to accept alternative
vacation dates for those denied. During this process, bumping of bids by seniority will be
allowed. Once priority vacation bidding is completed, non-priority vacation and holiday
requests will be accepted on a first-come, first-served basis. Notwithstanding the above,
in the event the City implements a twelve (12) hour shift schedule, the City and
Association may agree to an alternative vacation bidding process. Any such agreement
will be confirmed in writing.
2. Bidding under the Five -Eight (5/8) Plan: When the Department is operating on a five -
eight (5/8) or four -ten (4/10) plan, priority vacation bidding will take place on or around
November 1st of each year. Each employee shall be allowed to sign up for one (1)
continuous vacation period for the ensuing shift bid year. The above-specified vacation
sign-up shall be conducted on the basis of seniority, with the most senior employee
having the first vacation choice. Employees shall indicate their first and second choice
for vacation dates on the bid. Employees shall be allotted eight (8) days in which to
complete the seniority -based vacation sign-up process and the City shall have fourteen
(14) days after its completion in which to approve or deny the vacation requests, and to
accept alternative vacation dates for those denied. During this process, bumping of bids
by seniority will be allowed.
All vacation shall be in increments of one (1) hour, or longer, Requests for vacation in
increments of more than two (2) days must be submitted at least ten (10) calendar days in
advance. Requests for vacation increments of two (2) or less days may be submitted at any time.
All vacation requests shall be approved or denied on a first -request -received -has -priority basis
within three (3) business days of the day of receipt of the request, but not before the seniority
bidding process has been completed for the period in question. An employee may combine
his/her accumulated holiday time with vacation when scheduling vacation time off.
C. Cancellation of Vacation: In the event an employee is involuntarily required to work
during his/ her vacation, he/she shall receive overtime at the applicable rate for all time worked
during the scheduled vacation and shall have the option of receiving vacation pay for the time
involved (for a total of two -and -one-half times the regular hourly rate) or having the vacation
time reinstated to his/her vacation account for use at a later time. This section does not apply to
vacations of less than one (1) day.
In addition, if an employee's seniority -bid vacation is canceled by the City for reasons that are
not beyond the control of the City, and if the employee has made non-refundable deposits that
must thereby be forfeited, he/she shall be eligible for reimbursement subject to the following. At
the time of notification of vacation cancellation, which must be hand -delivered to the employee,
the employee must advise the City of the fact that certain non-refundable deposits may have been
made and the nature of those deposits. Within seventy-two (72) hours of receipt of the notice of
vacation cancellation, the employee must submit appropriate documentation to verify any non-
refundable deposits. The provisions of this section shall not prevent an employee from
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voluntarily canceling and/or rescheduling a vacation without the payment of a premium for the
time involved.
D. Conversion of Vacation: An employee may make a written request to convert
vacation into sick leave or bereavement leave in circumstances where this is justified. With the
Chief's approval, authorized vacation time may be converted to sick leave or bereavement leave
when the employee experiences a major illness or injury while on vacation or; while on vacation,
an event occurs in the employee's family where the employee would qualify for bereavement
leave.
E. Termination of Employment: Upon the termination, resignation or other break in
seniority of a regular, non -probationary employee, earned but unused vacation time shall be paid
at his/her current wage rate.
ARTICLE 15 - SICK LEAVE
A. Accrual: Sick leave with pay shall accrue at the rate of eight (8) hours, per month of
employment, to a maximum accrual of nine hundred sixty (960) hours. For the purpose of
accrual of paid sick leave benefits, a "month" shall be defined as including any month during
which an employee is actively working or is on vacation, holiday or other leaves of absence paid
by the City. Paid sick leave benefits do not accrue during periods that an employee is on layoff
or unpaid leaves of absence. In the event an employee is on layoff or unpaid leave for part of a
month, his/her sick leave accrual will be credited for a full month, provided the employee has
worked during that month.
B. Utilization: Sick leave shall be available for the following:
Personal Illness or Injury that is not Job -Related: Leave will be allowed only
when an employee is unable to work because of off -the -job injuries or illnesses,
excluding off -the -job injuries and illnesses resulting from outside employment,
approved pursuant to Article 9 of this Agreement.
2. Personal Illness or Injury that is Job Related/Workers' Compensation: Sick leave
payments will also be made in coordination with the three (3) day waiting period
and weekly time -loss benefits for which the employee is eligible to receive from
the City's Workers' Compensation carrier, as appropriate, so as to equal his or her
regular net pay. When coordinated payments are made, the employee's sick leave
or other paid leave account will be charged a pro -rata amount based upon the
relationship the payment bears to the employee's regular daily wage.
If an employee qualifies for Workers' Compensation time loss benefits and is
given a light-duty assignment, the employee shall suffer no loss of pay or benefits
and will be paid his/her regular pay while on light duty without deduction from
his/her sick leave bank in accordance with Article 16 Section E.
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3. Medical Appointments: Sick leave shall be utilized for medical appointments
that cannot reasonably be scheduled during off-duty time on an hour -for -hour
basis to the nearest quarter (1/4) hour.
4. Family Illness or Injury: When an employee must be absent from work because
of an illness or injury in the immediate family, time off shall be granted as
required to care for or arrange for alternative care and charged against sick leave
time. For the purpose of this Section, "immediate family is defined as husband,
wife, "domestic partner" as defined in Article 22, mother, father, grandparents,
children (including step -children), brother, sister, father-in-law, mother-in-law, or
other relative living in the employee's household. Paid vacation and/or holiday
leave may be used after sick leave is depleted.
C. Sick Leave Verification: The City may require an employee to submit verification of
eligibility for sick leave from an employee's doctor or health care professional as whenever the
employee's sick leave usage exceeds three (3) consecutive workdays or whenever the City has a
reasonable belief based upon objective and articulable facts that a misuse of sick leave has
occurred. Receipt of verification may be required as a condition of payment. In the event
verification is required, out-of-pocket costs billed by the doctor or health care professional to
obtain the necessary verification shall be paid by the City to the extent such costs are not covered
by insurance. Verification may be required for absences due to illnesses and injuries of the
employee and/or members of his/her immediate family, consistent with applicable law.
D. Limitations and General Conditions:
1. New Employ: Sick leave shall not be available for utilization until after the
first ninety (90) days of employment have been completed.
2. Notification: The employee shall notify his or her immediate supervisor in
accordance with procedures that may be established by such supervisor of the
need for sick leave as, soon as possible after his or her knowledge of the need.
3. Appearance in Court: If an employee is required to appear in court during their
scheduled shift on a day that the employee is off on sick leave, the employee
shall, notwithstanding the requirements of Article 11, Hours of Work, and Article
12, Overtime, not be eligible for extra pay for the first eight (8) hours of the court
appearance. An employee shall not be charged sick leave for the hours worked
pursuant to this section. If an employee is required to appear in court outside of
their scheduled shift they will be paid at the overtime rate in accordance with
Article 12.
4. Verification of Medical Limitations: Employees must be able to resume their
normal work duties upon return to work. A doctor's certificate verifying that the
employee is able to resume his or her essential work duties in a manner that does
not threaten his/her safety or the safety of others may be required. The City
reserves the right to require employees to submit verification of medical ability to
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safely perform their job duties, as well as confirmation of the precise nature of
any limitations on an employee's ability to safely perform his/her job duties as a
condition of returning the employee to work.
E. Incentive Conversion: Any employee who accumulates eighty-eight (88) hours or more of
unused sick leave within the calendar year has the option to convert eight (8) hours of sick leave
into vacation leave as an incentive for low usage of sick leave.
ARTICLE 16 - OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS
A. Jury Duty: An employee shall continue to receive his/her regular salary for the period of
required services as a juror. All monies received for jury duty will be surrendered to the City.
Employees on jury duty shall be changed to a duty assignment commencing at 8:00 a.m. and
ending at 5:00 p.m. and shall not receive a paid lunch period for the time served on jury duty. In
addition, if the deliberations of the jury extend beyond 5:00 p.m., the employee shall not be
entitled to any overtime pay. Employees will report for work when less than a normal workday is
required by such duty.
B. VotingLeave: eave: When an employee's work schedule is such that he/she would not be able
to vote prior to or after his/her normally scheduled working hours, he/she may be granted a
reasonable time off duty to vote without loss of pay or accrued vacation or sick leave.
C. Leave of Absence Without Pay: A regular employee may be granted leave of absence
without pay up to twelve (12) months when the work of the Department will not be handicapped
by his/her absence. Requests for such leaves must be in writing and must establish reasonable
justification for the approval by the City. Leaves of absence for longer than two (2) weeks must
be approved by the City Administrator.
D. Family Medical Leave: The City will comply with the Family Medical Leave Act
(FMLA) and Oregon Family Leave Act (OFLA). Employees who are absent from work for
FMLA or OFLA qualifying reasons, but who are not eligible to receive sick leave benefits will
be paid accrued holiday pay and/or vacation pay for their absences. In the event an employee
does not specify whether he/she prefers to utilize holiday or vacation pay, holiday pay shall be
utilized first, then vacation pay.
The employee shall continue to receive health, long-term disability and life insurance benefits
during the time the employee is on designated leave under the Family Medical Leave Act
(FMLA). Following the expiration of the FMLA entitlement period, health, long-term disability,
and life insurance benefits will continue to be paid by the City, provided that the employee
continues to have leave hours charged against their leave bank (sick, vacation, holiday).
E. Limited Duty Assignments: When an officer who is recovering from an injury or illness
compensable under Workers' Compensation is certified as fit for limited or light-duty but not full
duty, the City shall provide light-duty employment subject to the following limitations and
conditions:
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1. The maximum duration of such employment shall be six (6) months from date of
release unless the parties agree to extend the assignment.
2. Pay for such position shall be as follows:
a. The employee shall receive one hundred percent (100%) of his or her
regular rate including incentive pay, but not including pay for
premium assignments.
b. There shall be no charge to the employee's sick leave, holiday or
vacation pay banks for the time spent working in a limited -duty
capacity. Paid leave time, including sick leave, shall however,
continue to accrue and be available to employees while on a limited -
duty assignment. During the time an employee is on light-duty, sick
leave, holiday in lieu of pay and vacation pay will accrue at the
employee's regular rate. However, employees who utilize sick leave,
holiday or vacation pay during a light-duty assignment will be paid at
the rate applicable under Section E 2(a), above.
3. The City may assign an employee who is on a light-duty assignment to a different
shift without regard to seniority or shift bidding preferences. When it is practical
to do so, the City shall also modify the work schedule of limited -duty employees
so as to allow the employee to participate in physical therapy and attend medical
appointments.
4. There shall be a limit of two (2) full-time equivalent employee (FTE) placed on
light-duty. In the event more than one (1) employee is eligible to be placed in the
position, the City shall first offer such work to the employee whose injury or
illnesses occurred while on duty.
5. The officer must be able to work in the evidence room, take phone inquiries, and
conduct background checks/investigations by phone, do filing and perform
various other office tasks in order to qualify for the light-duty position.
6. The City may require a medical verification of the employee's ability to safely
perform the light-duty duties described in subsection 4, above, as a condition to
placing an employee in a light duty assignment. The City shall have the right to
obtain a second medical opinion at its own expense in order to verify any medical
opinion it has received from the employee's physician.
7. Light-duty work shall not be offered to an officer who is unable to perform his/her
regular job duties as a result of his/her misconduct.
8. Light-duty work may be offered to officers injured off -the -job or for medical
conditions, subject to Department approval.
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F. Bereavement Leave:
1. In the event of a death in the employee's immediate family, an employee shall be
granted a leave of absence of up to five (5) consecutive days per occurrence
without loss of pay. The amount of bereavement leave granted (not to exceed five
(5) calendar days per occurrence) shall be reasonably appropriate and necessary
under all the circumstances.
2. Immediate family is defined as husband, wife, domestic partner, mother, father,
grandparents, child(ren), step-child(ren), brother, sister, father-in-law, mother-in-
law, or other relative living in the employee's household.
3. This leave shall be separate from sick leave and shall not accumulate from year to
year.
4. In the event of a death of a co-worker, employees may request and be granted
vacation leave or other mutually agreeable time off to attend the funeral. In
instances where the essential work of the City would be seriously handicapped by
the temporary absence of a group of employees in a division, the City may set a
reasonable limit on the number of employees that are to receive such leave.
G. Military Leave: Military leave shall be granted in accordance with federal and state law.
ARTICLE 17- SALARIES
A. Appendix A: Salaries covered by this Agreement shall be in accordance with the
schedule set forth in Appendix A.
Effective July 1, 2008, wages shall be increased by three percent (3%) across-the-board.
Effective July 1, 2009, wages shall be increased by a percentage equal to the Portland CPI -W for
the previous calendar year, with a minimum three percent (3%) wage increase and a maximum
five percent (5%) wage increase.
Effective July 1, 2010, wages shall be increased by a percentage equal to the Portland CPI -W for
the previous calendar year, with a minimum three percent (3%) wage increase and a maximum
five percent (5%) wage increase.
Effective July 1, 2008, officers are eligible for a three percent (3%) longevity pay increase upon
completion of ten (10) years of uninterrupted service and achieving an advanced certification
through the State of Oregon Department of Public Safety Standards and Training (DPSST).
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EXHiBrr APageage�"of—__jj t)__""`
B. DPSST Certification Pay: Employees shall receive the following pay for maintaining
intermediate and advanced certificates:
Police Officer Intermediate certificate (five percent (5%) monthly base salary)
Police Officer Advanced certificate (ten percent (10%) monthly base salary)
The City will continue to provide forty (40) hours of training per year. If possible, the City will
offer training that satisfies DPSST standards. In the event the City provided training does not
satisfy DPSST standards due to content or required hours, or in the event employees are not
available when City training is offered, training shall be obtained by the employee on
employee's own time and at employee's own expense. Such expenses shall not be reimbursed
by the City. Employees who fail to maintain their certification will be subject to demotion, or in
the event of loss of basic DPSST certification, termination.
C. Trainees: New employees who do not have Police certification shall be placed on the
trainee level until completion of six (6) months of service and then placed at Step I until
completion of the probationary period.
D. Step Advancement: Employees are eligible for Step advancement following completion
of twelve (12) months of service at the prior Step, subject to Department approval and the salary
schedule.
E. Denial of Step: If a Step advancement as provided for in Section D of this Article is to
be denied, the employee shall be given notice of such denial in writing. The notice of denial must
also state the reason for the step denial and, where applicable, specify the standards that must be
achieved before the step increase will be granted.
ARTICLE 18 -PREMIUM PAY
Employees are eligible for the following premium pay:
A. Motorcycle Patrol Premium: Any employee assigned as a motorcycle officer shall
receive pay equal to five percent (5%) of his/her base pay while so assigned.
B. SWAT Team Premium: Any officer belonging to the SWAT Team or its equivalent
shall receive, as hazard pay, an amount equal to ten percent (10%) of his/her base pay for all
hours worked in a SWAT Team call -out or incident. (Excludes training and report writing.)
C. Field Training Officer (FTO) Premium: Officers appointed by the Chief or designee as
FTO shall receive a premium of five percent (5%) for all hours actively engaged in FTO duties.
D. Spanish Incentive and Russian Incentive: Any employee demonstrating written and
oral proficiency in the Spanish or Russian languages shall receive, in addition to his/her regular
pay, a seven percent (7%) premium. The City is to determine the level of proficiency required
and the manner of testing that proficiency. Newly hired officers shall be eligible to receive
City of Woodburn & Woodburn Police Assn. Page 23
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language incentive pay upon completion of the Field Training and Evaluation Program (FTEP).
Testing for language skills shall not be unreasonably delayed. An employee whose oral or
written skills are not sufficient to pass the test but whose skills are deemed sufficient to utilize on
the street shall receive an additional two and one-half percent (2.5%) of base pay. Sufficiency
shall be determined by the Chief or his designee.
E. Detectives: Effective January 1, 2006, employees regularly assigned as Detectives
shall receive an additional five percent (5%) of monthly base pay.
F. Employees regularly assigned full-time as School Resource Officers or regularly assigned
full-time to the Community Response Team shall receive a monthly amount equal to five percent
(5%) of the base pay for each month so assigned.
G. Premium Pay Limitation. Other than SWAT callouts, no employee shall receive
compensation for more than two types of premium pay simultaneously.
ARTICLE 19 — EXPENSES
A. City Travel: Employees will be allowed use of a City vehicle, if available, as needed,
to conduct City business or for approved trainings. When an employee is permitted by their
supervisor to use a personal vehicle to travel, they shall be compensated at the rate of 37.5 cents
per mile.
B. Reimbursements: When an employee is on an authorized City duty trip or training, the
employee will furnish receipts for expenses according to the City Personnel Policies and
Procedures Manual except that employees may elect to receive an advance payment for meals in
the amount set forth in the Federal Government travel reimbursement guidelines.
Receipts not totaling a minimum of $20 will be held until the $20 minimum is reached or paid
quarterly.
ARTICLE 20 — CLOTHING AND UNIFORM
If an employee is required to wear a uniform, the City shall furnish such uniform to the
employee. The City shall pay the cost of the uniform. For sworn employees, the uniform shall
include body armor, leather, weapon and other such equipment as issued by the Department. The
City may approve alternative weapons and leather, or equivalent, which the employee shall
provide at his/her own expense. Body armor shall be replaced in accordance with the
manufacture's recommendation. The City shall replace all irreparably damaged or stolen
equipment issued to employees.
The City will provide a clothing allowance for employees while assigned to plain clothes duty,
on an actual reimbursement basis, not to exceed $150 per quarter.
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ARTICLE 21 - MANDATORY TRAINING
A. Training Defined: The kinds of training that may be conducted pursuant to the
provisions of this Article shall include such activities as DPSST approved classes, college -level
instruction, firearms qualification, and instruction as to departmental methods or procedures.
The City agrees to meet and confer with the Association with respect to the selection and
scheduling of mandatory training activities.
B. Cost of Training: The City shall pay all costs of mandatory training.
C. Pay for Training: Notwithstanding other provisions of this Agreement and to the extent
permitted by law, the City shall have the right to pay employees at their straight -time hourly rate
for training activities that the employee is required to attend which do not fall within the
employee's regularly scheduled hours of work. This equates to eleven (11) hours per month on a
forty (40) hour work week, or as allowed by FLSA.
D. Scheduling of Training: The City may alter the regular shift schedules to enable an
employee to attend non -mandatory training outside his/her regular work schedule without
incurring overtime obligations for that employee, as a condition of approving attendance at such
training. Shift changes for that employee are not subject to advance notice of shift scheduling.
Employees attending non -mandatory training will, however, be given at least eight (8) hours off
duty between shifts.
Also, when a particular class or training activity is to be offered at two or more different times,
and when there is a choice between scheduling an employee to attend the training during his/her
regular work hours or outside his/her regular work hours, the employee shall, to the extent
permitted by the City's reasonable operating needs, be scheduled to participate in the training
during his/her regular work hours.
E. Firearms Qualification: The City shall schedule not less than six (6) opportunities for
each officer to practice shooting his/her firearm each year. Not less than one hundred (100)
rounds per participant shall be provided for each such opportunity. Included within the above-
specified six (6) opportunities shall be not less than four (4) qualifications.
ARTICLE 22 — HEALTH INSURANCE AND OTHER BENEFITS
A. Medical: The City shall continue to provide the existing League of Oregon Cities
Plan V — PPO $100 deductible, with well baby coverage, or substantially equivalent benefits
under alternative medical insurance plan for all employees and their enrolled dependents.
Effective January 1, 2006, the premium insurance premium share will be ninety-five percent
(95%) employer paid and five percent (5%) employee paid for the current Plan V coverage. The
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City also agrees to offer a Kaiser option, (Kaiser Medical Plan B and Vis RX B), with 100%
premium by employer.
B. Vision: The City shall continue to provide the existing League of Oregon Cities UCR,
or an equivalent (in the aggregate) alternative vision plan for all employees and then -enrolled
dependents.
C. Dental: The City shall continue to provide the existing or an equivalent (in the
aggregate) dental insurance plan for all employees and their enrolled dependents.
D. Life Insurance: For the duration of this Agreement, the City shall provide the
following:
1. Effective 12/1/05, a life insurance policy equivalent to current base wage with
twenty-four (24) hour term life and accidental death and dismemberment policy.
2. A $10,000 on -duty life policy is in addition to the above.
3. A $1,000 twenty-four (24) hour life double -indemnity accidental death and
dismemberment policy.
E. Domestic Partners: For purposes of this Article, where insurance benefits are extended
to "spouses," domestic partner shall be considered a spouse. A domestic partner is defined as an
individual of the same sex as the employee who lives with the employee and has fulfilled the
requirements contained in and completed the "Affidavit of Domestic Partnership" form which is
available from Human resources. Domestic partners that have fulfilled the requirements set forth
in this form will be eligible for all benefit insurance options available to "spouses" as limited by
carrier contracts. Employees are obligated to promptly notify the Chief of Police when domestic
relationships begin and end.
F. Retirement: PERS — During the life of this Agreement, the City agrees to continue to
participate in the Public Employees' Retirement System, which includes crediting of
accumulated sick leave toward improved retirement benefits. Effective October 1, 2008, the City
shall pick up, assume, or pay the employee's contribution required by law to PERS subject to the
Oregon Administrative Rules pursuant to PERS statutes.
OPSRP — During the life of this Agreement, the City agrees to continue to participate in the
Oregon Public Services Retirement Plan (OPSRP) for eligible employees. Effective October 1,
2008, the City shall pick up, assume, or pay the employee's contribution required by law to
OPSRP statutes.
To the extent permitted by Section 414(H-2) of the Internal Revenue Service Code, employee
payroll deductions towards the cost of retirement shall be made on a pre -taxable income basis.
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G. Long Term Disability Insurance: Effective 12/1/05, employer will pay LTD to equate
to 2/3 base salary. Like current practice for Sergeants. Plan description to be provided to
employees upon request.
ARTICLE 23 - PERSONNEL FILE
A. File Review: Each employee shall have the right, upon request, to review and obtain at
his/her own expense, copies of the contents of his/her personnel file, exclusive of materials
received prior to the date of his/her employment by the City.
B. Removal: Letters of warning, upon request of the employee shall be removed from an
employee's personnel file at the end of twelve (12) months from the date the letter of warning
was issued, provided there are not subsequent concerns of a similar nature or disciplinary action
related to similar conduct during the intervening period of time. Written reprimands, upon
request of the employee, shall be removed from an employee's personnel file at the end of three
(3) years from the date the written reprimand was issued, provided there are not subsequent
concerns of a similar nature or disciplinary action related to similar conduct during the
intervening period of time. All other disciplinary documents shall become a permanent record in
the personnel file.
Documents removed from an employee's personnel file as a result of an employee request will
be placed in a confidential file maintained by the Chief of Police. Such documents will not be
used against an employee for the purpose of establishing progressive discipline, but may be used
in any arbitration and civil proceeding for the purpose of establishing consistency of disciplinary
action, lack of discrimination, the existence of mitigating circumstances and compliance with
legal obligations.
C. File Additions: Each employee shall have the right to read and sign any written material
of an evaluative nature that is placed in his/her personnel file. This includes merit ratings, written
reprimands, demotions, suspensions, or discharge. Any employee may respond in writing to any
item placed in such personnel file, and said response shall become a part of said file.
D. Evaluations. Letters of Warning shall not be referenced in evaluations. However,
nothing in this Article shall restrict the ability of the Department to evaluate employees based
upon performance.
ARTICLE 24 - PROBATIONARY PERIODS
Probationary periods shall apply to both new employees and employees having received a
promotion. The probationary period shall be eighteen (18) months for all employees new to the
Department; however, when a laterally hired, experienced and police -certified new hire is hired
above the Step 1 rate, such officer's probationary period shall be twelve (12) months following
completion of the fourteen (14) workday orientation period. New laterals will be eligible for
premium pay under Article 18 after completion of FTEP. Employees promoted to a higher
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classification shall serve a twelve (12) month probationary period. At or prior to the completion
of the probationary period, a new employee may be discharged and a promoted employee may be
restored to his/her former classification without any reason, justification, or cause being shown.
New employees who are certified and have prior experience may be hired above the Step I rate.
An employee so hired shall be eligible for advancement to the next step on the salary schedule
after completion of probation. Probation may be extended for a maximum period of six months.
The City reserves the right to negotiate directly with potential lateral hires as to expenses to
cover the costs of changing agencies.
ARTICLE 25 — DISCIPLINARY ACTIONS AND PROCEDURES
No regular employee shall be disciplined without just cause and due process. For purposes of this
Article, "just cause" shall require that no employee shall receive a written reprimand, be
suspended without pay or terminated without just cause. If a question as to just cause exists, it
may be resolved by submission to binding arbitration pursuant to the provision of Article 27.
The City acknowledges the right of the employee to request a representative of the Association
to be present at any interview where the employee reasonably believes that discipline may result
from the interview.
A. Forms of discipline include: Written reprimand; suspension; reassignments or
demotions (which would result in a reduction of wage rate and are attributable to misconduct,
violation of policies or procedures or noncompliance with standards) and termination. Discipline
for regular employees will normally be progressive, however, any level of discipline may be
imposed based on the totality of circumstances and just cause.
Forms of evaluation and counseling, including verbal warnings reduced to writing and letters of
warning are not considered to be discipline and are not subject to the grievance and arbitration
procedures set forth in Article 28. These are less formal means of addressing concerns related to
performance, daily operations and compliance with departmental standards and expectations.
Such forms of counseling may serve as evidence for future disciplinary action and may be
referenced in such disciplinary actions. Verbal warnings will not be placed in an employee's
personnel file, but may be maintained in supervisory or evaluation files to be reviewed and
purged, if the concern noted in the verbal warning was addressed and corrected to the satisfaction
of the City. Nothing in this Article shall be construed to prevent or inhibit the Chief of Police or
superior officers from discussing and addressing matters pertaining to the operational needs and
standards of the department with employees.
B. Due Process: In the event an employee is under investigation for potential violation of
policy or procedures, noncompliance with Departmental Standards or misconduct which could
reasonably lead to "discipline" as defined in Section A, above, the employee will be granted the
following procedural rights:
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1. Disciplinary Interviews and Notice: The employee and a member of the
Association's Executive Board will be given forty-eight (48) hours advance
written notice of intent to interview, except in situations where exigent
circumstances exist to justify lack of notice (such as controlled substance
concerns, etc.) Notice to the employee will generally be hand delivered. Notice to
a member of the Executive Board may be made electronically. The notice will
include: the general nature of the allegation(s) or concern(s) prompting the
interview; the policies and/or standards potentially violated; and a reminder of
his/her right to consult with an Association representative and to have such a
representative present during the interview. This notice is not however, required
under circumstances of an investigation involving alleged criminal conduct.
2. Interviews shall take place on City premises or elsewhere upon mutual agreement,
unless an emergency, or special circumstances, exist to justify conducting the
interview elsewhere.
3. The City shall make a reasonable good faith effort to conduct employee
interviews during the employee's regular working hours, except for emergencies
or where interviews can be conducted by telephone.
4. In a non -criminal investigation, the employee may be required to answer any
questions reasonably related to the subject matter under investigation. The
employee may be disciplined for refusing to answer such questions. In an
investigation involving potential criminal conduct, employees who are required to
answer questions related to the potential criminal conduct will be issued a
"Garrity" notice in writing. Such notice will advise the employee that he/she is
required to answer questions related to the potential criminal conduct and will be
subject to discipline for failure to do so. The notice will further advise the
employee that the answers provided in response to this directive will not be used
in a subsequent criminal proceeding.
5. In situations involving the use of deadly force, the employee shall be afforded
reasonable opportunity to consult with an Association representative or attorney
prior to being required to give an oral or written statement about the use of such
deadly force.
6. The employee shall be entitled to such reasonable intermissions as the employee
shall request for personal necessities.
7. All interviews shall be limited in scope to activities, circumstances, events,
conduct or acts which pertain to the incident(s) which are the subject of the
investigation. Nothing in this Section shall prohibit the City from questioning the
employee about information which is developed during the course of the
interview or information related to the employee's understanding of the rule or
standard in question and mitigating or aggravating factors.
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If the City or Association tape records the interview, a copy of the complete
interview of the employee, noting all recess periods, shall be furnished, upon
request, to either party. If the interviewed employee is subsequently notified of
potential discipline and any part of any recording is transcribed by the City, the
employee shall be given a copy of the tape prior to his/her due process hearing.
9. Investigations shall be conducted with no unreasonable delay. Disciplinary
interviews and grievance procedure meetings will not be delayed to assure an
employee's choice of a particular Association representative, unless the City has
agreed.
10. Lie Detector Tests: No employee will be compelled to provide polygraph or
voice stress tests.
Verbal warnings and letters of warning shall not be considered disciplinary actions and shall not
be subject to the provisions of this Article.
C. Pre -Disciplinary Loudermill Hearings: Prior to any discipline being imposed, the
employee shall be given the opportunity to meet with the Chief of Police or his designee,
personally or through an Association representative or attorney, to provide additional evidence
and/or mitigating circumstances related to the disciplinary action being considered. The City will
provide reasonable advance notice of the meeting and will respond to requests for information
related to the conduct leading to the proposed disciplinary action, including requests for copies
of investigation documents, witness statements, tape recordings and other information relied
upon as a basis for the proposed disciplinary action within a reasonable period prior to the
meeting, consistent with PECBA and due process obligations. The City agrees not to decide on
the discipline to be imposed on the employee until after such a meeting.
D. Imposing Discipline: Any employee being disciplined will be given official written
notice of the discipline being imposed, including a summary of the factual conclusions; the
policy, procedures, standards violated and/or misconduct that occurred.
The employee and/or Association representative shall, upon request, be furnished with a copy of
the investigation including all witness statements, tape recordings and other materials collected
by the City to impose the discipline.
The City agrees to provide notice of intent not to discipline within a reasonable period, which
shall not generally exceed thirty (30) days from the date the investigation commenced. The City
may extend this period beyond thirty (30) days, depending on the complexity of the issues,
delays in collecting necessary information and scheduling witnesses for interviews, etc., as
necessary to complete the investigation.
E. Personnel Files: Disciplinary actions will be placed in employee personnel files and
removed from such files in accordance with Article 23 of this Agreement.
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F. Officer Involved Shootings: The Department agrees to comply with the procedure for
officer involved shootings, attached to this Agreement as Appendix B.
ARTICLE 26 - FUNDING
The parties to this Agreement recognize that revenue needed to fund this Agreement must be
approved annually by established budget procedures and, in certain circumstances, by a vote of
the citizens of the City of Woodburn. All compensation provided for by this Agreement is
therefore contingent upon sources of revenue, and where applicable, budget committee and voter
approval. The City will not reduce the compensation specified in this Agreement, because of
budgetary limitations. The City agrees to include in its annual budget request amounts sufficient
to fund the compensation provided in this Agreement. In the event that the City does not receive
the required budget committee or voter approval needed to fund the annual budget, the parties
agree to meet to seek possible alternatives to layoff and service reductions.
ARTICLE 27- SUBSTANCE ABUSE POLICY
The Woodburn Police Department implements the following Substance Abuse Policy to become
effective upon execution of the Agreement:
A. Purpose:
I. It is the policy of this Department that the critical mission of law enforcement
services justifies maintenance of an alcohol and drug-free work environment through the
use of a reasonable employee drug testing program and the enforcement of rules
prohibiting the consumption of alcohol or use of drugs which interferes with this mission.
2. The law enforcement profession has several uniquely compelling interests that
justify the use of employee alcohol and drug testing and other reasonable restrictions
designed to produce an alcohol and drug-free working environment. The public has a
right to expect that those who are sworn to protect them are at all times both physically
and mentally prepared to assume these duties.
3. Therefore, in order to ensure the integrity of the Department and to preserve
public trust and confidence in a fit and alcohol/drug-free law enforcement profession, this
Department has adopted the following rules and procedures:
B. Applicant DrugTesting:
esting:
1. Applicants for employment in the Department shall be required to take a drug test
as a condition of employment during a post-offer/pre-work medical examination.
2. Applicants shall be disqualified from further consideration for employment under
the following circumstances:
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a. Refusal to submit to a required drug test, or
b. A confirmed positive drug test indicating drug use prohibited by this
policy.
C. Prohibited Conduct:
The following conduct is strictly prohibited:
1. Buying, selling consuming distributing or possessing drugs or alcohol during
working hours, including rest and meal periods, except in conjunction with the
performance of work duties (confiscated evidence, approved undercover operations, etc.)
2. Reporting for work or returning to duty under the influence of alcohol or drugs. For
the purposes of this policy, an employee is considered to be "under the influence" of
alcohol if his/her alcohol concentration is .02 BAC or more. Alcohol concentration
levels measuring less than .02 BAC are considered a negative test result. An employee is
considered to be "under the influence" of drugs, if the employee tests positive for having
such substances present in his/her body.
In no event will an employee consume any kind of alcoholic beverages within four (4)
hours of the time he/she is scheduled to report for work. Where an employee is subject to
call -out and he/she has consumed alcoholic beverages within the preceding eight-hour
period, the employee shall be required to advise his or her supervisor of that fact, the
amount and when the alcohol was consumed.
3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol
or drug-related criminal offense to the Chief of Police or his/her designee, irrespective of
the jurisdiction where such action was taken.
4. Failing to comply with Department directives regarding enforcement of this
Policy, including but not limited to refusing to promptly submit to required testing;
giving false, diluted or altered samples; obstructing the testing process; failing to comply
with rehabilitation conditions imposed by the Department or rehabilitation counselors
pursuant to Article VII of this Policy.
5. Failure to disclose use of over-the-counter or prescribed medication containing
controlled substance, as required by Section D, below.
For the purpose of this Policy, "drugs" includes, but is not limited to the following controlled
substances: opiates, cocaine, marijuana (THC), phencyclinide (PCP), amphetamines/
methamphetamines and barbiturates. However, "drugs" does not include prescription and over-
the-counter medications that are lawfully prescribed and used in a manner consistent with a
physician's instructions and/or medication warnings.
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Employees who engage in any prohibited conduct will be subject to discipline, including
discharge.
D. Disclosure of Medications:
Employees are responsible for consulting with their physicians and carefully reviewing
medication warnings, including any warnings pertinent to the effects of use of a combination of
medications. Employees who are using over-the-counter or prescribed medications which have
any reported side effects that could reasonably affect their ability to safely perform all essential
job duties must notify their supervisor of the substance taken and its side effects before reporting
for work. Medical verification of ability to safely perform job duties may be required before the
employee is allowed to continue his/her job assignment. Employees are eligible to utilize sick
leave benefits pending receipt of acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances
which could reasonably impair the safe performance of essential job duties; illegally obtaining
the substance or use which is inconsistent with prescriptions or labels will subject an employee
to disciplinary action.
E. Employee Testing:
Employees will be required to undergo drug and/or alcohol testing as a condition of continued
employment in order to ascertain prohibited drug use, as provided below:
1. Reasonable Suspicion. A supervisor may order an employee to immediately
submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the
City has reasonable suspicion to believe that the employee has violated the provisions of
this Policy concerning reporting to work or being at work "under the influence" of drugs
or alcohol.
"Reasonable suspicion" shall be defined as suspicion based on articulated observations
concerning the appearance, unusual behavior, speech, breath odor, body symptoms or
other reliable indicators that an employee has consumed drugs and/or alcohol in violation
of this Policy.
2. Special Assignments. A drug test shall be considered as a condition of placement
in special assignments within the Department and shall be administered prior to such
assignment where testing is required by the District Attorney. Such assignments will not
be used as a pretense for other types of drug testing.
3. Random. During the one year period, 25% of all persons covered by this Policy
shall be randomly tested for drugs during unannounced times.
a. The Chief of Police shall determine the timing of such tests.
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b. Employee's will be randomly selected from a pool of employee
identification numbers by the Association President, and witnessed by the
Chief of Police.
C. Individuals selected for random testing shall be notified the day the test is
scheduled, preferably within two hours of the scheduled testing.
d. In the event the random testing of any employee is deferred because that
employee is in a leave status (sick, vacation, parental leave, etc.) or on
duty related travel status away from the City, that employee's test may be
deferred. However, any individual whose test is deferred shall be subject
to an unannounced test at any time within the following ninety (90) days.
C. Rehabilitation Treatment. Where testing is required pursuant to
Rehabilitation and Return to Work Agreement imposed by the City or an
employee's rehabilitation counselors, individualized suspicionless testing
may be required as outlined in that Agreement.
Urinalysis testing will be conducted for all types of drug testing and breathalyzer testing
will be conducted for all types of alcohol testing.
F. Testing Procedures:
1. All testing will be conducted at a laboratory certified by the federal DOT and shall
be conducted in accordance with the standards for procedural safeguards and testing
integrity disseminated by the NIDA. All drug tests will be conducted through collection
of a split sample. All positive drug tests will be confirmed by a second cross confirmatory
test from the same sample using GCMS testing methodology and reviewed by a Medical
Review Officer before the test result is reported as positive.
2. The other sample shall remain at the testing facility in frozen storage for a minimum
of 90 days from the date the test was conducted. This sample shall be made available to
the employee or his attorney, should the original sample result in a legal dispute or the
chain of custody be broken.
3. Whenever there is a reason to believe that the employee may have altered or
substituted the specimen to be provided or the initial test was not determinative, a second
specimen may be obtained immediately, using testing procedures deemed appropriate by
the testing laboratory personnel.
4. If the confirmatory test is positive for the presence of a controlled substance, the
employee will have the option of submitting the split untested sample to a qualified and
certified laboratory of the employee's own choosing.
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5. All records pertaining to department required drug and alcohol tests, as well as
compliance with rehabilitation terms shall remain confidential, and shall not be released,
except on a need to know basis, in accordance with applicable law. All documents
pertaining to testing and test results will be maintained in employee medical, not
personnel, files.
G. Searches:
The City reserves the right to conduct searches of City equipment or facilities generally, and may
search any area or item of City property directly connected to the Department's operation, as
well as personal property brought onto City property (such as desks, files, lockers, cabinets,
etc.), consistent with applicable law. Personal property, such as brief cases, lunch boxes, etc.
brought onto City property, as well as lockers, may be searched when the City has reasonable
suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may be found.
Prior to a search, notice will be given to the employee, who may elect to be present with an
Association representative, if such presence does not delay the search in excess of forty-five (45)
minutes.
H. Consequences of Violations:
1. Employees who Report Dependencies and Seek Assistance before Committing
Policy Violation — Rehabilitation.
The City encourages employees who have drug and/or alcohol dependencies or think they
may have such dependencies to seek assistance voluntarily. When an employee
voluntarily reports a drug or alcohol dependency to the Chief or his/her designee and
seeks assistance before violating this Policy, that employee will be placed on a leave of
absence or adjusted working hours to allow for in-patient or out-patient rehabilitation
treatment as recommended by a Substance Abuse Professional (SAP).
The employee will not be permitted to work until such time as a Substance Abuse
Professional agrees he/she:
a. Has been evaluated by a Substance Abuse Professional (SAP);
b. If recommended by the SAP, has complied with all rehabilitation/after-
care prescribed; and
C. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee seeking assistance must agree to all
treatment, rehabilitation, after-care and follow-up testing as set forth in a written
Rehabilitation and Return to Work Agreement required by the City. Any employee who
violates the terms of the Agreement is subject to immediate termination.
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The time an employee is off work undergoing rehabilitation is unpaid. However,
employees may draw their unused, accumulated sick leave, and/or vacation pay, holiday
and compensatory time. Also, employees who are receiving health insurance coverage
will be eligible for continuation of health insurance benefits with standard City
contributions as required by the Family Medical Leave Act.
2. Employees who Report Dependencies and Seek Treatment after Committing a
Policy Violation.
Employees who notify the City of drug or alcohol dependencies after violating this
Policy are subject to discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo evaluation and
rehabilitation in lieu of discharge, provided the employee promptly complies with the
terms and conditions set forth in Section H1, above. The City will consider the following
factors in exercising its discretion: the employee's length of service; the employee's
work record, in particular, whether the employee has committed a previous alcohol or
drug policy infraction; the consequences of the violation; any other circumstances offered
by the employee that mitigates against discharge.
It is understood and agreed that the references to discipline and discharge set forth in this
Policy and the Rehabilitation and Return to Work Agreement are not intended to
supercede "just cause" requirements.
Revision and Repeal of Prior Policies:
Former General Order No. 1, adopted September 7, 1999 is revised and replaced by this
Addendum as it pertains to employees of the Woodburn Police Department.
ARTICLE 28 - GRIEVANCE PROCEDURE
A. Definition: A grievance for the purpose of this Agreement is defined as an alleged
violation of this Agreement.
B. Time Limits: The time limits set forth in this Article shall be modified only by written
agreement signed by the Association and the City. Failure by the City to respond within a
specified time limit shall constitute rejection of the grievance at that step and thereby allow the
Association to proceed to the next step within the applicable time limit. Failure by the
Association to file a grievance or proceed to the next step within the time limit specified in each
step shall constitute termination of the grievance.
For the purpose of this Article, all references to "day" or "days" shall mean business days.
C. Procedure: In an effort to provide for a peaceful procedure for resolution of disputes,
the parties agree to the following grievance procedure:
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Step 1- Immediate Supervisor: The employee or the Association shall submit the
grievance in writing to the most immediate supervisor outside the bargaining unit within
fifteen (15) days from the occurrence thereof or the employee's knowledge thereof. The
written grievance shall include: 1) a statement of the specific City action or lack of action
which is the cause of the grievance; 2) specific provision(s) of the contract by Article and
Section(s) violated; and 3) remedy sought. The supervisor shall make a written response
to the grievance within ten (10) days.
Step 2 - Chief of Police: If the grievance is not resolved in Step 1, the grievance
shall appealed to the Chief within ten (10) days of the date the response was received
from the employee's immediate supervisor or within ten (10) days of the date that the
response was due if no timely response was received. All appeals must be made in
writing. The immediate supervisor shall forward to the Chief all materials submitted and
received regarding the grievance. The Chief or his designee shall review the materials,
conduct interviews and/or meet with Association representatives as deemed necessary
and shall issue a written response no later than ten (10) days from the date of receipt of
the written appeal.
Step 3 — City Administrator: If the grievance remains unresolved, the grievance shall be
submitted in writing within ten (10) days of the date of the response was received, or
within ten (10) days of the date that the response was due if no timely response is
received, to the City Administrator by forwarding a copy of all materials submitted or
received at all prior steps to the City Administrator with a cover letter specifying that the
matter is being pursued to the second step. The City Administrator and his/her designee
shall meet with the Association within ten (10) days of receipt of the grievance and shall
make a written response to the grievance within ten (10) days of the meeting.
Step 4 — Arbitration: If the grievance is not resolved, it may be submitted within fifteen
(15) days of the date the response was received, or within fifteen (15) days of the date
that the response was due if no timely response was received, to the arbitrator in the
following manner.
1. The Association shall serve written notice to the City Administrator of
intent to arbitrate and on the same date request a fist of five (5) names
from the Employment Relations Board (ERB). Within seven (7) days of
receipt of the list, the parties shall alternately strike one (1) name from the
list, until only one (1) is left. The one (1) remaining shall be the arbitrator.
2. The arbitrator shall render a written decision within a reasonable time. The
powers of the arbitrator shall be limited to interpreting this Agreement and
determining if it has been violated. The arbitrator shall not have the
authority to alter, modify, add to, or detract from the terms of this
Agreement. The decision of the arbitrator, provided it is within the scope
of this Agreement, shall be final and binding on both parties.
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Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties.
However, each party shall be completely responsible for the cost of preparing and presenting its
own case, including compensating its own representatives and witnesses. If either party desires a
record of the proceedings, it shall solely bear the cost of producing such a record.
For the purpose of this Article, all references to "day" or "days" shall mean business days
(Monday through Friday, excluding holidays.)
ARTICLE 29 - SAVINGS CLAUSE
Should any Article, or portion thereof, of this Agreement be held unlawful or unenforceable by
any court of competent jurisdiction, such decision of the court shall apply only to the specific
Article or portion thereof, directly specified in the decision. Upon the issuance of such a
decision, the parties agree to negotiate a substitute if possible, for the invalidated Article or
portion thereof.
ARTICLE 30 — TERM OF AGREEMENT
This Agreement shall be effective upon the date of signing except that salary provisions shall be
retroactive to July 1, 2008, for those individuals employed by the Woodburn Police Department
as of the date of signing of this Agreement. Employees shall receive a separate paycheck for
retroactive pay from July 1, 2008, until the date of signing. The terms and conditions of the
Agreement shall remain in full force and effect through June 30, 2011, and shall also remain in
effect through any negotiations for a successor Agreement. This Agreement shall not be
modified in whole or in part by the parties except by instrument, in writing, duly executed by
both parties.
Executed this day of , 2008.
FOR THE CITY
Signature
Title
Date
City of Woodburn & Woodburn Police Assn.
CBA Effective 2008-2011
FOR THE ASSOCIATION
Signature
Title
Date
Page 38
Effective July 1, 2008:
Step 1
Trainee 3,689
Police Officer 3,866
w/Intermediate 4,059
w/Advanced 4,253
D(HIBff
Page t of 1� (-,
APPENDIX A
WAGES
Step 2
Step 3
Step 4
Step 5
4,072
4,263
4,489
4,695
4,276
4,476
4,713
4,930
4,479
4,690
4,938
5,164
City of Woodburn & Woodburn Police Assn. Page 39
CBA Effective 2008-2011
EXHIBIT
Page LUI of L
APPENDIX B
OFFICER INVOLVED SHOOTING PROCEDURE
The Woodburn Police Association agrees with the Woodburn Police Department, that the
following procedure will be followed in the majority of officer -involved shootings. "Involved
officer" is defined as an officer who fired a weapon or made the decision to fire a weapon. Mere
observers are not "involved officers."
The procedure, in chronological order, is as follows:
1. The involved officer(s) will be allowed to contact their family members regarding
the incident.
2. The Woodburn Police Department will immediately remove/obtain clothing,
weapons and gun leather from the shooting officer(s). The Woodburn Police
Department will provide the involved officer(s) with a replacement weapon
pursuant to Woodburn Police Department policy.
3. The involved officer(s) will be allowed to consult with the union attorney (via
phone) regarding the issue of a blood/urine draw.
4. After consultation, the involved officer(s) will notify the Woodburn Police
Department concerning their consent to the blood/urine draw.
5. If consent is provided, the Woodburn Police Department will arrange and conduct
the blood/urine draw without any interrogation or questioning.
6. After the blood/urine draw, the involved officer(s) will be afforded an opportunity
to view the scene. The viewing of the scene will not interfere with the integrity of
the crime scene investigation. The involved officer(s) may view the scene
accompanied by his/her union attorney if he/she desires.
7. After viewing of the scene and an opportunity to consult with the union attorney,
the involved officer(s) will provide a preliminary statement. A preliminary
statement will describe the basic events of the incident. Conclusions will generate
questions to clarify the actual facts, which support the conclusion.
8. The involved officer(s) will provide a detailed statement to the investigating
agency within 48 hours of the event.
Both the statements provided in (7) and (8) above shall be voluntary, and not pursuant to any
department directive. Neither the request for a statement nor the statement itself shall be
construed as granting any type of immunity from administrative or criminal sanctions.
City of Woodburn & Woodburn Police Assn. Page 40
CBA Effective 2008-2011