Res 2023 - WPA Collective Bargaining AgreementA RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN POLICE
ASSOCIATION ( "THE WPA ") FOR THE CONTRACT YEAR BEGINNING JULY 1, 2012 AND
ENDING JUNE 30, 2014.
WHEREAS, the purpose of said labor negotiations is to reach an agreement
on matters relating to wages, hours, working conditions, and fringe benefits for
certain represented employees, and
WHEREAS, the City and the WPA have bargained in good faith and
understanding of the personnel, financial, and organizational impacts related to
said agreement, N0 THEREFORE,
••� • • •
Section 1. That the City Administrator is authorized to execute on behalf of
the City of Woodburn, the "Collective Bargaining Agreement" with the WPA once
the agreement is in an approved final form based on the tentative agreements
between the two parties.
Approved as to form
City Attorney
Approved*
ath
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Date
.4
myn Figley, M
f.-
E
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2912
Resolution No. 2023
Fg
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.
ARTICLE 1— RECOGNITION
The City recognizes the Association as the sole collective bargaining agent for all regular and
probationary employees employed in job classifications of sworn police officer and non -sworn code
enforcement officer 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 or an alternative 12 hour schedule as set forth in this
Agreement. 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:
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 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
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payment to a charity as heretofore stated and shall 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 10 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.
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.
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
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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 work stoppage, including 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) 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.
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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 City Personnel Manual, Department Rules and Regulations shall also be supplied
to the Association in writing at least 14 days prior to implementation. 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 within a classification 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:
Voluntary resignation or retirement;
2. Discharge of a regular employee for just cause or a probationary employee "at will;"
Layoff or continuous absence from work due to off-the-job injury /illness for more than
twenty -four (24) month's duration;
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.
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C. Adjustments in Seniority Dates
Employee seniority dates will be adjusted in the following circumstances:
1. 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.
3. Promotion to Police Officer Classification
If an employee in the code enforcement classification is promoted to a police officer
position, the employee shall be subject to the standard police officer probationary
period. The transferring employee shall maintain his /her seniority within the code
enforcement classification should the employee seek to bump back from the police
officer classification to the code enforcement classification during the police officer
probationary period so long as the employee continues to meet the minimum
qualification for the code enforcement position.
D. Application of Seniority
Seniority shall apply to the following employment decisions:
1. Lam 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 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.
3. 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.
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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.
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 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.
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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 AND CORPORAL POSITION
A. 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.
B. Corporal Position.
1. An employee selected by the City for the position of Corporal shall be paid an
additional amount equal to five percent (5 %) of his /her base pay for each month or part thereof that the
employee holds the position of Corporal.
2. Employees holding the position of Corporal shall function as Field Supervisor in the
absence of the shift Sergeant.
3. The Corporal position shall remain part of the bargaining unit represented by the
Woodburn Police Association, and the City specifically agrees that the duties assigned or performed by
Corporals shall not make Corporals supervisors as defined by the Public Employees Collective
Bargaining Act.
4. The term in which an employee successfully performs the duties of Corporal will be for
a period of two years. After the two year period, the incumbent Corporal may re -apply for
consideration; the City will also consider new applicants.
5. The Corporal position will only be open to incumbent Corporals and new applicants
who have completed probation and have at least two years of experience as a Woodburn Police
Officer.
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 sworn 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 sworn 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. All non -sworn
employees shall be assigned a regular work schedule consisting of five (5) consecutive eight -hour (8-
hour) workdays with a one -hour (1 -hour) unpaid lunch, generally Monday through Friday, followed by
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two (2) consecutive days off. At the sole discretion of the City of Woodburn, non -sworn employees
may be assigned a regular work schedule consisting of four (4) consecutive ten -hour (10 -hour)
workdays, with the same starting time for each day.
When a twelve hour workday is implemented the parties agree to the adoption of a regular and
recurring 28 day work period (beginning January 1 St 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 work a 4/10
schedule at the Chief's 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 FLEA. 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).
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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:
The request will be initiated by personal contact with a supervisor.
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:
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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 (12) hour Shifts
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.
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
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(2) Inter - Agency Task Force Assignment
(3) Traffic Detail — Motorcycle Patrol
(4) School Resource Officer
(5) Community Policing Officer
(6) Canine Unit
(7) Community Response Team
(8) Code Enforcement
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 G 1, above. The City shall assign any
such employee a shift for the remainder of the current shift 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 I 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.
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CBA Effective 2012 -2014
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 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 %z) 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 For sworn employees, 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 %z) the
employee's regular rate of pay. For non -sworn employees, time worked that is not in
conjunction with a shift shall be paid at a minimum two (2) 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), Corporal and
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CBA Effective 2012 -2014
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.
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 AND HOLIDAY PAY
A. Sworn Employee Accrual: Sworn 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 a sworn
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 a sworn employee is on layoff or
unpaid leaves of absence. In the event a sworn 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 sworn employee has
worked during that month.
B. Sworn Employee Time Off in Lieu of Holidays Time off in lieu of holiday, which is taken
by sworn employee, will be charged to the nearest quarter (1/4) hour, to the sworn employee's
accumulated holiday time account. Sworn employees may only accrue a maximum of one hundred
twenty (120) hours of time off in lieu of holidays. Sworn 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 sworn employees
shall receive thirteen (13) hours of time off in lieu of holiday for that month. Sworn 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 sworn employees actually working twelve
(12) hour shifts shall receive fifteen (15) hours of time off in lieu of holiday for that month. Such
sworn 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 sworn 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. Non -Sworn Holiday Pay:
1. Non -sworn employees shall have the following paid holidays:
New Year's Day January 1
Martin Luther King Day Third Monday in January
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Presidents Day
Memorial Day
Fourth of July
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after the fourth Thursday of November
last half of the shift on December 24
December 25
After completion of six (6) months of continuous service, each non -sworn employee shall be
entitled to one (1) floating holiday with pay during each fiscal year. The floating holiday shall
be taken at the option of the non -sworn employee, subject to the operating requirements of the
Department.
Non -sworn employees working a 5 -8's plan shall receive 8 hours of holiday pay for the paid
holidays. Non -sworn employees working a 4 -10's plan shall receive 10 hours of holiday pay for
the paid holidays.
2. If a non -sworn employee's scheduled day off falls on an above - listed holiday, s/he shall
be granted a postponed holiday with pay to be taken at the mutual convenience of the employee
and the Department.
If the non -sworn employee is on authorized vacation or sick leave with pay when a holiday
occurs, such holiday shall not be charged against such leave. Eligible non -sworn employees
shall receive one day's pay (8 hours if on 5 -8's; 10 hours if on 4 -10's) for each of the holidays
listed above on which they perform no work.
Non -sworn employees required to work on a recognized holiday shall be compensated in cash
for all hours worked on the holiday and one - and - one -half times (1 -1/2) times the established
straight -time rate, in addition to their regular holiday pay. In lieu of holiday premium pay, the
City and a non -sworn employee may agree to an alternative day off with pay. Such agreement
shall be in written form and executed prior to the holiday.
D. Sworn and Non -Sworn 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.
E. Termination of Sworn and Non -Sworn 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.
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ARTICLE 14 — VACATIONS
A. Accrual Rate The accrual of vacation for sworn and non -sworn employees 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 years)
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.
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 1 st of each
year with the posting of a team schedule. Bidding will be conducted within 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
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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 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.
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E. Termination of Employ 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:
1. 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.
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
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CBA Effective 2012 -2014
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 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.
F. Shared Leave: An employee may donate sick leave under the Sick Leave Bank Program as
provided in the Sick Leave Bank section of the City Personnel Policies and Procedures Manual. If,
during the term of this Agreement, the Sick Leave Bank section changes to allow employees additional
options for the donation of sick leave or other types of leave, these new provisions of the Personnel
Policies and Procedures Manual shall also be applied by the City to Association members.
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
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CBA Effective 2012 -2014
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. Voting Leave 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).
Effective upon ratification, for purposes of calculating FMLA and /or OFLA leave, the "rolling" year
method permitted under 29 CFR 825.200(b)(4) shall be used. Under this method, each time an
employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks of
FMLA leave that had not been used during the immediately preceding 12 months. For example, if an
employee has taken eight weeks of FMLA leave during the past 12 months, an additional four weeks
of FMLA leave could be taken.
E. Limited Duty ng_ ments 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:
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
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CBA Effective 2012 -2014
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 sworn 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.
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.
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5. In the event that the City of Woodburn revises the Bereavement Leave section of the
City Personnel Policies and Procedures Manual during the term of this Agreement so
that the bereavement benefits to employees are increased, the increase bereavement
benefits shall also be given by the City to Association members.
G. Military am : Military leave shall be granted in accordance with federal and state law.
ARTICLE 17- WAGES
A. Appendix A : Wages covered by this Agreement shall be in accordance with the schedule set
forth in Appendix A.
Effective November 1, 2012, wages shall be increased as provided in the Police Officer and Code
Enforcement Wage Schedules contained in Appendix A. The base pay of all sworn employees shall be
increased from their current step on the existing Five Step Wage Schedule to the next highest step (for
Steps 1 through 8) on the Ten Step Wage Schedule. The base pay of all non -sworn employees shall be
reflected in a new Wage Schedule that reflects at least one step increase from the existing schedule to a
new Eight Step Wage Schedule. Those sworn employees eligible for longevity steps will be placed on
the appropriate new step by tenure. All sworn and non -sworn employees whose base pay does not
increase by at least Thirty (30) cents per hour shall receive a one -time wage comparability adjustment
in the gross amount of One Thousand Dollars ($1,000).
Effective July 1, 2013, wages shall be increased by one -and- one -half percent (1.5 %) across the board.
As set forth in the Wage Schedule contained in Appendix A, sworn employees are eligible for a three
percent (3 %) longevity step increase upon completion of ten (10) years of service (reflected as Step
9 /Longevity 1 in the Police Officer Wage Schedule in Appendix A), and are eligible for an additional
two percent (2 %) longevity step increase, for a total of five percent (5 %), upon completion of fifteen
(15) years of service (reflected as Step 10 /Longevity 2 in the Police Officer Wage Schedule in
Appendix A).
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.
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C. Trainees New employees who do not have Police certification shall be placed on the trainee
level, which is 95% of Step I, until completion of twelve (12) 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 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. Tactical Service and the Crisis Negotiators Team Premium Any officer belonging to the
Tactical Service Unit ( "TSU ") and /or the Crisis Negotiators Unit ( "CNU ") shall receive, as hazard pay,
an amount equal to five percent (5 %) of his /her base pay for all hours worked in an Operational
Activation until the incident commander or designee deems the operation complete and relieves the
officer. Operational Activations do not include training, equipment maintenance, or report writing after
the officers are relieved by the Incident Commander.
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 for sworn employees or a three- and - one -half percent (3.5 %) premium for
non -sworn employees. 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 language incentive pay upon
completion of the Field Training and Evaluation Program (FTEP). Testing for language skills shall not
be unreasonably delayed. Any sworn or non -sworn 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.
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G. Premium Pay Limitation. Other than TSU /CNU callouts, no employee shall receive
compensation for more than two types of premium pay simultaneously.
H. Physical Fitness Incentive
1. Establishment of Incentive: Recognizing that physical fitness is beneficial to the health and
wellbeing of employees, in addition to lowering the potential cost of health care and work related
injuries, a physical fitness incentive is established by this Article.
2. Opportunity to Take the ORPAT: Employees will be provided the opportunity to participate
in the DPSST certified Oregon Physical Abilities Test ( ORPAT) course as a component of the
Department's mandatory scheduled training. Participation in the ORPAT test is voluntary and will
be conducted during the employee's "on duty" time.
3. Minimum Standard for Passing the ORPAT: The minimum standard for passing the ORPAT
shall be the time established as passing by DPSST for an Entry Level Police Officer.
4. Physical Fitness Incentive: Employees who meet the minimum ORPAT passing standard
will receive a $250 physical fitness incentive for the calendar year during which the ORPAT was
administered. Employees are eligible to receive the physical fitness incentive in future calendar
years when they meet the minimum passing standard in future ORPAT tests.
5. Second ORPAT Opportunity: Employees who take the first ORPAT of the year, but do not
meet the minimum ORPAT passing standard shall, at their request, be allowed by the Department to
take a second ORPAT within three months after their first attempt. Employees who meet the
minimum ORPAT passing standard on their second ORPAT will receive a $125 physical fitness
incentive for the calendar year during which the second ORPAT was administered.
6. Employees Who Do Not Qualify: Employees who take the ORPAT, but do not meet the
minimum ORPAT passing standard, will not be deemed "physically unfit for duty" or be negatively
treated by the Department.
7. Employees Who Fail to Participate: Employees who do not take the ORPAT shall not be
negatively treated by the Department.
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 current IRS rate.
B. Reimbursements When an employee is on an authorized City trip or training within 120
miles from the Police Department, the employee will furnish receipts for reasonable and actual
expenses, which are subject to applicable federal /state tax laws. For any authorized City trip or training
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CBA Effective 2012 -2014
more than 120 miles from the Police Department, the employee may elect to receive an advance
payment for meals in the amount set forth in Federal Government travel reimbursement guidelines, so
long as such request is made at least seven (7) working days prior to the date of departure; such
advance payment is subject to applicable federal /state tax laws. If no advance request is made, the
employee will furnish receipts for reasonable and actual expenses incurred, subject to applicable
federal /state tax laws.
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.
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, three (3) hours per month on a one - hundred - seventy -one (171) hour per twenty -eight (28)
day work cycle 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
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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 O'T'HER BENEFITS
A. Medical The City shall provide to both sworn and non -sworn employees medical and
prescription coverage through City County Insurance Services (CIS) the Regence Plan V -A PPP Rx 4
or the Kaiser Medical Plan w /Rx care.
B. Vision The City shall provide vision coverage to both sworn and non -sworn employees the
VSP for Regence participants and Kaiser Vision for Kaiser participants.
C. Dental The City shall provide dental coverage to both sworn and non -sworn employees
through CIS ODS II, Willamette Dental, or the Kaiser Dental Plan.
D. Funding
1. The premium insurance share for both sworn and non -sworn employees shall be ninety -
five percent (95 %) employer paid and five percent (5 %) employee paid for the Regence
Plan participant's medical /vision /dental benefits package calculated off of an $1,800 per
month premium cap. For the Kaiser Medical, Vision, and Dental Plans, the City shall
pay 100% of the premiums up to an $1,800 per month premium cap. For both Regence
and Kaiser plans, any premium amounts higher than the $1,800 monthly employer
premium cap shall be paid 50% by the employee and 50% by the employer.
2. For example, if the Regence Medical /Dental /Vision premium is $1950 per month, the
employer shall pay $1785 /month ((95% of $1800 = $1710) + (50% of $150 = $75)) and
the employee shall pay $165 ((5% of $1800 = $90) + (50% of $150 = $75)). If the
Kaiser Medical /Dental /Vision premium is $1950 per month, the employer shall pay
$1875 ((100% of $1800 = $1800) + (50% of $150 = $75)) and the employee shall pay
$75 (50% of $150 = $75).
E. Life Insurance For the duration of this Agreement, the City shall provide the following:
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.
A $1,000 twenty -four (24) hour life double- indemnity accidental death and
dismemberment policy.
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F. 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.
G. 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.
H. Long Term Disability Insurance The 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
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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 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
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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:
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
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CBA Effective 2012 -2014
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.
8. 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 26A - DEPARTMENT SEARCHES FOR CITY OWNED PROPERTY
A. The City may conduct searches of City owned lockers, desks or other City property for the
purpose of locating City equipment or City owned property that may be stored therein. In doing so the
City will not be required to have reasonable suspicion or probable cause that the property or equipment
will be found therein, provided that:
1. Prior to the search, notice will be given to the employee who may elect to be present
with an Association representative, provided that the presence does not delay the search
in excess of 45 minutes. This does not apply when the City is seeking to retrieve
needed equipment, such as Tasers, Radios and Radio Equipment, Firearms, and Current
Patrol Notebooks. In the event the employee is unable to attend or declines to attend
the search, a search will still be conducted in the presence of an Association
representative.
2. Upon opening the locker, desk or other City owned property, the City shall only retrieve
the item needed, and will not conduct a search of the locker, desk, or other City
property, once the item sought has been located, and the City shall not open any
personally owned containers found in the locker, desk or other City owned property.
B. An investigative search of City owned lockers, desks or other City property will only be conducted
with the approval of the Chief or designee upon reasonable suspicion that a violation of policy or
procedure has occurred in accordance with applicable law. All other non - assigned areas (e.g., shared
desks, common office space, department vehicles) may be searched by the City at any time for any
reason.
C. Searches conducted under the Substance Abuse Policy will be conducted when the City has
reasonable suspicion in accordance with the applicable provisions of Article 27G of the Collective
Bargaining Agreement between the parties.
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RA1 '.
The Woodburn Police Department implements the following Substance Abuse Policy to become
effective upon execution of the Agreement:
A. Purpose
1. 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 Drug � 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:
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.
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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.
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:
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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 Assign 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.
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.
e. 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.
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CBA Effective 2012 -2014
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.
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);
City of Woodburn & Woodburn Police Assn. Page 34
CBA Effective 2012 -2014
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.
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.
I. 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
City of Woodburn & Woodburn Police Assn. Page 35
CBA Effective 2012 -2014
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:
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
City of Woodburn & Woodburn Police Assn. Page 36
CBA Effective 2012 -2014
of the arbitrator, provided it is within the scope of this Agreement, shall be final
and binding on both parties.
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. The terms and conditions of the Agreement
shall remain in full force and effect through June 30, 2014, 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 1 2012.
Signature
Signature
Title
Date
City of Woodburn & Woodburn Police Assn.
CBA Effective 2012 -2014
Title
Date
Page 37
APPENDIX A
WAGES
Effective November 1, 2012:
Sworn Employees - Police Officers:
WPA Proposed
75.0%
78.0%
81.0%
85.0%
89.0%
s 93.0%
98.0%
100.0%
103.0%
105.0%
Ste 1
P............,....................
Ste 2
P
..............,..............................
Ste 3
_ p
Ste 4
_p.
4................ ............................
Ste 5
p...............................................................................
s Step 6'
Step 7'
.....
Step 8 ......
Longevity 1
Longevity 2
..... ...............................
Trainee (95% of
10 .
................... . . . . . . . ..
22.09
. . . . . . . . . .. .............. . . . . . . . . . . . : . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _
! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..........
..........
.........
...
............
Officer
.......................... ............................
1.1
23.25
24.18
25.11
26.35
27.59
28.83
30.38
31.00
31.93
.........................;.....
32.55
............. .....................................
Officer
..................:............
..............:...............................................................................................................:..........................................................................:....................................>...................................>................................
PO + Basic Language
1.2
23.84
24.79
25.74
27.01
28.28
29.56
31.14
..........................
31.78
.........................
32.73
.................. .... ....
33.37
....
(2.5 %)
........................................................................................:.....................................:.....................................:.....................................;
...............................
PO + ed.....
.
�� 8�
,� ��
�n o�
�� � 32.51
3
a� 3. � + �
n 2 ��
qa u:
i in 7o
1 . J
24.88
27.88
26.87
288.20
27. JJ
JV.0..I
� .
v.a•
.........................
................... ............................... ...
,.... y..""'�...__. ..
... " 1.'.. .:.."........
..................
(1 05%
2.1
24.42
25.39 :...........
26.37
27.67
. 28.97
30.28
:....................................
31.90
. ...................................
32.55
.....................................
33.53
...................................................... ...
34.18 ... ............
of Officer)
;....... ... ........... .................
........ ..........
..........................
...........................
....................................
....................................
Inter + Basic
2.2
25.04
26.03
27.03
28.37
29.70
31.04
_....................................:.....
32.70
33.37
_..... ............................... _.....................................................................................................................
34.37
35.04 ............;..................
Language (2.5%
.
........
....................................,..........................................
...............................
...............................
Inter + Advanced
2.3
26.13
27.17
28.22
29.61
31.00
32.40
34.14
34.83
_ ........
35.88
36.58
Language( 7 %)
......................:....................................._......................................:....................................._..........................................................................................................
...............................
(1 0
10 /o of
3.1
25.58
26.60
27.63
28.99
30.35
31.72
33.42
34.10
35.13
...............................
... 35.81
Officer
.................................................................>....................................:......
..............................,
...................................................................................................................................................
Bas
3 2
26.22
27.27
28.33
29.72
31.11
32.52
34.26
34.96
36.01
36.71
.. ......
Language (2.5 %)
...
........
Adv + Advanced
3.3
...................................................................:....................................................................................................................................................................................
27.38
28.47
29.57
31.02
32.48
33.95 .........:..................
35 . 76 ....._......_
36. 49 .............
.................. ..........
..................__ ....,................_
Language... ��%. )..............................
Non -Sworn Employees - Code Enforcement Officers:
City of Woodburn & Woodburn Police Assn. Page 38
CBA Effective 2012 -2014
OFFICER INVOLVED SHOOTING
For officer convenience, the Law Enforcement Use of Deadly Physical Force Response Plan
adopted by the Marion County Use of Deadly Physical Force Planning Authority pursuant to
Senate Bill 111, Oregon Laws 2007 is appended to this Agreement. Because of the existence of
other remedies, the Association and the City agree that Appendix B 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.
City of Woodburn & Woodburn Police Assn. Page 39
CBA Effective 2012 -2014