Res 1585 - Agrmt Police Assn
COUNCIL BILL NO. 2044
RESOLUTION NO. 1585
A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE
BARGAINING AGREEMENT WITH THE WOODBURN POLICE
ASSOCIA TION EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2003.
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 of Woodburn and the Woodburn Police Association have
bargained in good faith and understand the personnel, financial, and organizational impacts
related to said agreement, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute and
administer on behalf of the City of Woodburn the "Agreement Between the City of Woodburn
and Woodburn Police Association", once the agreement is in an approved and final form based
on the tentative agreements between the two parties.
Approved as to Form~~
City Attorney
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Date
(.
APPROVED
Passed by the Council
May 8, 2000
May 9, 2000
Submitted to the Mayor
Approved by the Mayor
May 9, 2000
May 9, 2000
Filed in the Office of the Recorder
ATTEST ~t
Mary en t, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 2044
RESOLUTION NO. 1585
TO
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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
employees employed in job classifications covered by this Agreement as listed in Appendix A
hereof.
The parties further agree that the classifications of Sergeant, Lieutenant, Deputv Chief,
Chief, and Administrative Secretary are specifically excluded from the bargaining unit.
The accrual of all paid time off benefits and fringe benefits (Article 22) is predicated
upon a regularly scheduled, forty (40)-hour work week. Employees who work less than forty
(40) hours per week shall have all such benefits prorated based upon the relationship their work
hours bear to forty (40) hours, except that employees who work less than twenty (20) hourslweek
shall not be eligible for fringe benefit (Article 22) coverage.
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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:
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1. The Association membership dues and assessments of those Association members
who individually request such deductions in writing.
2. In lieu of paragraph 1 of this Article, a monthly service fee equal to the cost, to the
extent permitted by law, of negotiations and contract administration as certified in
writing by the Association to the City, not, however, to exceed the uniformly
required dues of members, from any employee who is a member of the bargaining
unit and who has not joined the Association within thirty (30) days of this
Agreement, or within thirty (30) days of becoming an employee, whichever is later.
3. The Association expressly agrees that it will safeguard the rights of non-association
of employees, based upon bona fide religious tenets or teachings of a church or
religious body of which such employee is a member. As to any such employee,
such sums paid by such employee shall be equivalent to regular Association dues
and shall be paid to a non-religious charity mutually agreed upon by the employee
making such payment and the Association, or in lieu thereof, the employee shall
request that such in-lieu-of-dues payment be not deducted and shall make such
payment to a charity as heretofore stated and shall 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,
together with an itemized statement, to the Treasurer of the Association by the 10th
day of the succeeding month after such deductions are made. Such itemized
statement shall also include annotation as to any new hires or terminations.
Notification of new hires shall take place at the time the first dues payment is to be
paid and shall include the employee's name, Social Security number, mailing
address, and job title.
5. Provided the City acts m compliance with the prOVISIOns of this Article, the
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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 Board:
The City agrees to fumish and maintain a bulletin board within the Police
Department to be used by the Association for the posting of notices and bulletins relating
to the Association.
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 conceming
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, or political affiliation. 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
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management, including, but not limited to, directing the activities of the department, determining
the levels of service and methods of operations, including subcontracting and the introduction of
new equipment; the right to hire, layoff, transfer, and promote; to discipline or discharge
probationary employees without limitation and non-probationary employees for just cause; to
determine work schedules and assign work, and any other such right (and function) not
specifically referred to in this Agreement. Management rights, except where abridged by
specific provisions of this Agreement, are not subject to the grievance procedure.
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ARTICLE 5 - STRIKES AND LOCKOUTS
Inasmuch as there are other means, both by law and through this Agreement for the
resolution of disagreements that may from time to time arise, the parties agree as follows:
A. Lockout:
During the term of this Agreement, the City shall not, as a result of a dispute with
the Association, deny employment to any employee covered by the terms of this
Agreement.
B. Strike:
During the term of this Agreement, the Association or its members will not
participate in any strike, slowdown, or other concerted activity, to include the observance
of the picket line of another labor organization. In the event of a violation of the above
by the Association or members of the bargaining unit, the City may discipline, including
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discharge, any employee involved in such prohibited activity on a uniform or selective
basis.
ARTICLE 6 - ASSOCIATION BUSINESS
A.
Association Representatives:
The Association agrees that members selected to serve as official representatives
will be certified in writing to the City. Employees designated as Association
representatives, when involved in meetings with the City under the grievance procedure,
shall be allowed time off with regular pay for that purpose when such meetings occur
during the employee's scheduled work hours.
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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.
ARTICLE 7 - PERSONNEL MANUAL/CONTRACT
The City agrees to furnish each employee of the bargaining unit with a copy of the City
Personnel Manual, Department Rules and Regulations, and a copy of this contract. The cost of
printing and assembling copies of this contract will be borne by the Association. New
employees shall be provided with the above at the time of their appointment. All updates,
additions, and/or modifications to the above shall also be supplied on a timely basis. In the event
of any conflict between the City Personnel Manual, Department Rules and Regulations, and the
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contract, the contract governs.
ARTICLE 8 - SENIORITY
A. General Provisions:
1. "Seniority," for purposes of vacation accrual, is determined by the length of an
employee's continuous service with the City.
2. "Classification Seniority" as used in this Agreement shall mean the length of an
employee's continuous service in current job classification listed in Appendix A
hereof and, in addition thereto, any service in a position that supervises that
classification.
3. The City will provide the Association with a copy of the seniority and a
classification seniority list on July I of each year.
4. An employee shall lose all seniority credit, including seniority for layoff and recall,
in the event of voluntarily quitting or discharge.
5. The revised definitions of seniority and classification seniority shall not be
construed so as to reduce the previously credited seniority or seniority within
classification of any bargaining unit employee. The rate of vacation accrual shall
be determined by "seniority" and the order of vacation bidding, shift bidding, and
layoff shall be determined by "classification seniority."
B. Layoff:
In the event of a layoff for any reason, employees shall be laid off in the inverse
order of classification seniority as defined in A(2), above.
C. Recall:
Employees shall be called back from layoff in inverse order of layoff.
The City shall notify laid-off employees in the order of their seniority within
classification of a position opening by certified letter, return receipt requested, at their
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address of record as maintained in the Personnel office. Laid-off employees shall have
seven (7) calendar days from receipt of such notification in which to indicate their
acceptance or rejection of the position and an additional fourteen (14) days therefrom in
which to begin active employment. The City may, however, specify a later reporting
date.
If an employee fails to respond to such correspondence sent to his/her last-known
address (return of certified letter), or if he/she rejects any position offered to him/her,
he/she shall forfeit all reemployment rights. Employees who wish to waive
reemployment rights may do so by written notification to the City.
Employees returning from layoff shall have all previously accrued sick leave and
seniority reinstated, but shall not receive benefits for the period of the layoff.
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 City by submission of a request in writing for such approval.
Such written request shall specify the name of the prospective employer, the job title of
the position, and 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 three (3) business
days of its receipt.
The City shall not deny a request for approval of outside employment unless there
is a conflict of interest. For purposes of this Article, a conflict of interest shall include
any circumstance wherein 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
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employment.
When permission to engage in outside employment is granted, it shall not be
construed to in any manner compromise the employee's obligation to the City to be
available for overtime, call-out, and shift change on the same basis as other employees
who work in the same classification. In addition, the employee shall schedule the outside
employment in such a manner so as to have at least eight (8) hours off for rest prior to the
start of each regularly scheduled City shift.
B. Activities That are Law Enforcement Related:
The City may from time to time agree to provide law-enforcement-related services
to other public agencies, local merchants, or other organizations. When employees are
detailed to such activities, the employee shall continue to be subject to the direction and
control of the Chief of Police and shall receive all benefits and rights afforded by this
Agreement. However, service in law enforcement training activities, e.g., service as a
DPSST instructor, shall be governed by the provisions of Section A, above, and not by
the provisions of this section.
ARTICLE 10 - WORK OUT OF CLASSIFICATION
When in the City's sole discretion an employee is temporarily appointed to a higher
classification, he/she shall receive a five (5) percent pay increase for all time spent in such
assignment. All such appointments shall be by written notification to the employee.
ARTICLE 11 - HOURS OF WORK
A. Work Day:
A day is defined as a twenty-four-hour (24-hour) period commencing with the
employee's scheduled shift day. A normal work day for employees shall consist of either
eight (8) hours per day on the basis of a five-day work week schedule (5-8 plan) or ten
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(10) hours per day on the basis of a four-day work week schedule (4-10 plan). All
employees, except for relief officers shall be assigned a normal work schedule consisting
of five (5) consecutive eight-hour (8-hour) work days or four (4) consecutive ten-hour
(10-hour) days, with the same starting time for each day. The provisions of this section
shall not apply during the week when a shift rotation occurs.
During the life of this agreement. the parties may mutually agree to implement a
twelve-hour ell-hour) day schedule. If the parties mutually agree to reopen for this
purpose. the parties will meet and negotiate the schedule and the compensation for any
additional hours worked.
B. Meals and Breaks:
Except for court days, training days, and days when traveling outside the City,
employees shall be entitled to one (1) twenty-minute (20-minute) break per work day,
and one (1) thirty (30)-minute meal period during the work day. 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.
C. Work Week:
A normal work week shall consist of forty (40) hours of work during a seven-day
(7-day) calendar period commencing midnight SHflGay 0001 Monday and ending
midnight of the following Sunday.
D. Shift Changes:
Except in the case of an emergency, an employee shall be scheduled to receive at
least eight (8) hours off between the scheduled end of shift and scheduled start of the next
shift. If the employee does not receive at least twelve (12) hours off between the
scheduled end of his/her shift and the scheduled start of the next shift, all non-overtime
hours worked that fall within twelve (12) hours of the end of the prior shift shall be paid
at the overtime rate.
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Shift changes that occur without seven-day (7-day) prior notification will be subject
to the overtime requirements of Article 12 hereof, or if the employee would receive
greater benefits, all time worked outside the employee's next originally scheduled work
day to a maximum eight (8) hours shall be at the overtime rate. However, 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 industrial accident, the schedule change shall, for purposes of overtime payment, be
treated as though seven (7) days prior notification had been given.
The City may designate up to twenty-five percent (25) of the patrol officers on each
shift (rounded up to the nearest whole number) per shift as relief personnel. Relief
personnel rather than other patrol personnel shall, to the maximum practical extent, be
subject to changes in shift when the need for such change occurs.
Davs off mav not be so lit.
E. Shift Trades:
Shift trades will be allowed when both employees submit written request
seventy-two (72) hours in advance specifying both the initial and the reciprocal trade that
is to be made, subject to the following:
1. No employee will work two shifts without at least twelve (12) hours off between
said shifts.
2. 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 will receIve the pay for same at his/her
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established overtime rate.
F. Shift Rotation:
1. Shift Scheduling: The regular shift rotation shall occur approximately every three
(3) months and shall be scheduled so as to coincide with the start of the academic
quarter at the local community college. The shift scheduling process shall allow
the employee to select two (2) of the four (4) shift schedules (after seven vears with
the Woodburn Police Deoartment. an emolovee mav select all four shift schedules
he or she is to work during the year) that he or she is to work during the year, as
follows:
a. On or around February 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 classification
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 part 2c 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
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complete the work schedule for the year from the listed shifts.
2. 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 therefor, the following exceptions to the above shift
scheduling procedures are made:
a. Probationary employees shall not be subject to the provisions of this section
F.
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
(2) Drug enforcement
(3) Inter-Agency Task Force assignment
(4) Traffic detail
(5) School Resource Officer
(6) Community Policing Officer
(7) Canine Unit
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): er 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-hour. The City
has the unqualified right to require employees to work overtime.
B. Call-Out:
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Time worked that is not in conjunction with a shift shall be paid at a minimum of
three hours, except for scheduled department meetings. If employees are not provided
seven (7) days written notice of departmental meetings, employees shall be entitled to
receive the minimum three (3)-hour call-out pay for such meetings. If an employee is
called out to work and that callout is subsequently canceled, the employee shall receive a
callout as provided herein unless such cancellation occurs within ten (10) minutes of the
first notification to report to work.
C. Duty-Connected Court Appearance:
A duty-connected court appearance shall be considered work time, and any
expenses associated therewith shall be reimbursed. The employee shall not be required to
perform other duties not related to the court appearance. unless another call out is paid.
All witness fees, mileage allowance, and related remuneration paid to the
employee for appearance in court proceedings shall be turned over to the City.
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ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS
A. Accrual:
Employees will accrue eigHt (S) 8.67 hours per month for time off in lieu of
holidays. Time off in lieu of holiday which is taken by an employee will be charged to
the nearest quarter (Y4) hour, to the employee's accumulated holiday time account.
Employees may only accrue a maximum of ninety sill (9<3) 104 hours of time off in lieu
of holidays. Accruals of ninety sill (96) 104 hours or less shall be allowed to carry over
from year to year. The employee shall be compensated in cash on a monthly basis for all
holiday time that is in excess of the ninety sill hcmr (96 h01:lr) 104 hour maximum.
B. Utilization:
Holiday time off that is taken in conjunction with a vacation pursuant to Article
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14(B) shall not be subject 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 three (3) business days (Monday through Friday, excluding
holidays) of the date the request is submitted. However, holiday time-off requests for the
next shift bid year cannot be submitted before March 1 of the prior shift bid year. The
City shall not be required to approve a holiday time-off request if doing so would require
a change in shift for another employee, other than a relief officer, or result in inadequate
coverage or the payment of overtime to another employee.
C. Termination of Employment:
Upon the termination 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 shall be as follows:
Monthly
Accrual Number of Days
Years of Service in Hours Accrued Annually
o through 5 6.67 10
6 through 10 10 15
11 10.67 16
12 11.33 17
13 12 18
14 12.67 19
15 and over 13.33 20
Accrued vacation shall be credited as earned vacation for each month of service, m
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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.
B. Utilization:
Any vacation accrued in excess of two (2) times the 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.
On or around March 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 within class, with the most
senior employee having the first vacation choice. Employee shall be allotted seven (7)
days in which to complete the seniority-based vacation sign-up process, and the City shall
have seven (7) days after its completion in which to approve or deny the vacation
requests. All vacation other than as specified above shall be in increments of one (1) day,
or longer, and shall be requested not less than two (2) weeks prior to the first day of the
requested vacation. Such vacation 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 time-and-one-half for all time worked and shall have the option of
receiving vacation pay for the time involved (for a total of two-and-one-half times the
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regular hourly rate) or having the vacation time reinstated to his/her vacation account for
use at a later time.
In addition, if an employee's seniority-bidded 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 thereof. 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. Termination of Employment:
Upon the termination 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.
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
illness or off-the-job injuries and not for disabilities resulting from outside
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employment. Verification of illness by a doctor's certificate may be requested by
the City for the third and any subsequent day of absence within any single pay
period. The employee must be able to resume his/her normal work duties upon
return to work. A doctor's certificate verifying that the employee is able to resume
his or her normal work duties may be required.
2. Workers' Compensation:
Any bona fide illness or injury sustained in connection with City employment
or in law-enforcement-related outside employment shall qualify as cause for sick
leave for the first three (3) calendar days of such illness or injury if the total
duration of such illness or injury does not exceed fourteen (14) calendar days. Sick
leave payments will also be made in coordination with weekly time-loss benefits
for which the employee is eligible to receive from the established disability plan or
Workers' Compensation, as appropriate, so as to equal his or her regular net pay.
When coordinated payments are made, the employee's sick leave account will be
charged a prorata amount based upon the relationship the payment bears to the
employee's regular daily wage. The employee shall continue to receive health.
long-term disability. and life insurance benefits provided herein during which time
the employee is on designated leave under the Family and Medial Leave Act
(FMLA)' Following the expiration of the FMLA entitlement period. health.
long-term disability. and life insurance benefits will continue to be paid bv the Citv
provided that the emplovee continues to have leave hours charged against their
leave bank (sick. vacation. holiday) as part of the coordinated benefit provision
provided herein for duration of the employee's employment with the City.
If an employee qualifies for disabilitv as provided for in this section and is
given a light duty assignment. the employee shall suffer no loss of payor benefits
as a result of that assignment.
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3. Medical Appointments:
Sick leave shall be utilized for medical appointments that cannot reasonably
be scheduled during off-duty time on an hour-for-hour basis to the nearest quarter
(Y4)hour.
4. Family lllness:
When an employee must be away from the job because of an illness in the
immediate family, such time off shall be granted for such time as is required to
arrange for alternative care and charged against sick leave time. Immediate family
is defined as husband, wife, mother, father, grandparents, son, daughter, brother,
sister, father-in-law, mother-in-law, or other relative living in the employee's
household.
C. Limitations:
1. New Employees:
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 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.
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ARTICLE 16 - OTHER LEAVES
A. Jury Duty:
An employee shall continue to receive his/her regular salary for the period
of required services as a juror. All monies received for jury duty will be
surrendered to the City. Employees on jury duty shall be changed to a duty
assignment commencing at 8:00 a.m. and ending at 5:00 p.m. and shall not
receive a paid lunch period for the time served on jury duty. In addition, if the
deliberations of the jury extend beyond 5:00 p.m., the employee shall not be
entitled to any overtime pay. Employees will report for work when less than a
normal work day 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 payor accrued
vacation or sick leave.
C. Leave of Absence Without Pay:
A regular, non-probationary 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.
/1/1/
D. Limited Duty Assignments
When an officer who has been injured is certified as fit for limited or light-duty but not
full duty, the City shall provide employment subject to the following limitations:
20
.'-'-r" ..-.. .......- --' ..- ...... ......- ..-..------
1. The maximum duration of such employment shall be six (6) months.
2. Pay for such position shall be as follows:
a. If the disability was the result of an Injury suffered in the course of
employment with the City, the employee shall receive ninety poreont (90%)
one hundred oercent (100%) of his or her base rate including educational
incentive pay, but not including overtime, FTO pay, and the like.
b. If the disability is not the result of an injury suffered in the course of
employment with the City and, except as excluded below, the employee shall
be paid at the police officer trainee rate B.
With respect to both a. and b., above, there shall be no charge to sick leave or
supplemental pay available from the employee's accumulated sick leave bank for the time
spent working in a limited-duty capacity. Paid leave time, including sick leave at the
employee's regular hourly rate, shall, however, continue to be available while on a
limited-duty assignment.
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.
3. There shall be a limit of one (1) full-time equivalent employee (FTE) placed on
light-duty positions. In the event more than one (1) employee is eligible to be
placed in the position, the City shall first offer such work to the employee(s) who
suffered an injury in the course of employment with the City.
4. The officer must be able to work in the evidence room, take phone inquiries, and
conduct background checkslinvestigations by phone, do filing, and perform various
other office tasks in order to qualify for the light-duty position.
5. With regard to non-duty-connected disabilities, there must be a medical opinion
indicating that the employee will likely be fit to return to full duty within the six
21
.-.......'''.....'-.'. ";''''''--.' .-. "...-.....--.
(6)-month period, and of the employee's fitness to work in the light-duty position.
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.
6. Limited-duty work shall not be offered to an officer who is disabled as a result of
his/her misconduct or in the course of a non-City activity that was or could have
been covered by Workers' Compensation. Assignment to limited duty shall be
voluntary, except that the City may involuntarily assign an employee to limited
duty if the disability was the result of an injury suffered in the course of
employment with the City.
E. 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) calendar 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, mother, father, grandparents,
son, daughter, 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
22
.--.. -.-._---'_._.~_.._._..__......._._--_.~-
p~
employees that are to receive such leave.
F. Military Leave:
Military, alternative service, and Peace Corps leave shall be granted in
accordance with Oregon Revised Statutes.
ARTICLE 17 - SALARIES
A. Appendix A:
Salaries covered by this Agreement shall be in accordance with the
schedule set forth in Appendix A, attached hereto and incorporated herein. Each
employee shall be paid at one of the steps in the range prescribed for his/her
classification as prescribed herein.
B. New Employees:
A new employee who is Oregon DPSST certified will normally be hired at
Step 1 or above e.f the range established for the classification to which he/she is
assigned. Employees who do not have DPSST certification shall be placed at
the trainee level Stefl "A" until completion of six (6) months of service and then
placed at traiflse level Step B Step 1 until completion of the probationary period.
C. Step Advancement:
Except as specified above for trainees, and as specified below for non-PERS
new hires. a new employee or promoted employee is eligible for consideration for
advancement to the next step of the salary range of his/her classification at the
beginning of the next pay period following completion of twelve (12) months of
service in the prior step, and until he/she reaches the top of his/her range,
subject to the provisions of Section 0 hereof. A new employee. who is not a
member of the PERS svstem upon his/her hire. shall be eligible for advancement to the
next step of the salary range following completion of six months of service in the prior
23
step. subsequent steps will occur following the completion of twelve-months of service.
D. Denial of Step:
If a step advancement as provided for in Section C of this Article is to be
denied, the employee shall be given notice of such denial in writing. The notice
of denial must also state the reason for the step denial and, where applicable,
specify the standards that must be achieved before the step increase will be
granted.
E. Field Training Officer:
Officers performing the duties of FTO or Trainer shall receive a premium of
5% in addition to his/her regular pay, not including overtime or educational
incentive pay. FTOlTrainer pay shall be effective only when the employee is
spending the majority of his/her time in direct supervision of the trainee (Le.,
riding in the same car), and not for the remainder of the FTOlTrainer assignment.
F. 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 two pereont
~ seven percent (7%) premium. The City is to determine the level of proficiency
required and the manner of testing that proficiency.
ARTICLE 18 - EDUCATIONAL INCENTIVE PAY I PREMIUM PAY I HAZARD
PAY
A. Intermediate Certificate:
Each officer who possesses an Intermediate DPSST certificate from Oregon DPSST
and who accomplished one (1) or a combination that is in the aggregate equal to one (1)
of the following during the preceding fiscal year shall, in addition to his/her regular pay,
receive a five percent (5%) premium.
24
..-y----.... --.". tOo -. ... ......-. .. ..
1. Sixteen (16) hours of approved DPSST law enforcement training on his or her own
time and expense.
2. Three (3) academic quarter-hours of college credit coursework that is: a) work
related, or b) required as a component of an approved degree program.
All academic coursework must be approved in advance by the City.
B. Advanced Certificate:
Each officer who possesses an Advanced DPSST certificate from DPSST and who
accomplished one (1) or a combination that is in the aggregate equal to one (1) of the
following during the preceding fiscal year shall, in addition to his or her regular pay,
receive a ten percent (10%) premium.
1. Thirty-two (32) hours of approved DPSST law enforcement training on his or her
own time and expense.
2. Six (6) academic quarter-hours of college credit coursework that is: a) work
related, or b) required as a component of an approved degree program.
All academic coursework must be approved in advance by the City.
C. Any emDloyee assianed as a motorcycle officer shall receive hazard Day eaual to
five Dercent (5%) of his/her base Day while so assianed.
D. Any officer belonainq to the SRT Team or its equiyalent shall receive. as hazard
Day. an amount eaual to ten Dercent (10%) of his/her base Day for all hours
worked on a SRT Team call-out or incident. (Excludes trainina and reDort
writina).
ARTICLE 19-EXPENSES
For out-of-town travel on City business, employees shall be eligible for
reimbursement for their reasonable, actual receipted expenses.
25
.._'-".-..__........~_..."-"~~~-"'.__.,t~-"-I.....................-....-_..-4-~_.~'~...'
au'
ARTICLE 20 . CLOTHING AND UNIFORM
If an employee is required to wear a uniform, such uniform shall be furnished to
the employee by the City. The cost of the uniform shall be paid by the City. For sworn
employees, the uniform shall include body armor, leather, and weapon. The City may
approve alternative weapons and leather which the employee shall provide at his/her
own expense. Body armor shall be replaced in accordance with the manufacturer's
recommendation.
The City will provide a clothing allowance for employees while assigned to
plainclothes duty, on an actual reimbursement basis, not to exceed $4Q $50 per month.
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.
When a particular class or training activity is to be offered at two or more different
26
----.----..t-.-.."..~--...-..-.-..--.
times, and when there is a choice between scheduling an employee to attend the training
during his/her regular work hours or outside his/her regular work hours, the employee
shall, to the extent permitted by the City's reasonable operating needs, be scheduled to
participate in the training during his/her regular work hours.
1111/
D.
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 ~l1:lndred twenty
~ one hundred (l00) 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 - FRINGE BENEFITS
A. Medical:
The City shall continue to provide the existing League of Oregon Cities Plan V -
PPO $100 deductible with well baby coverage, or an equivalent (in the aggregate)
alternative medical insurance plan for all employees and their enrolled
dependents.
B. Vision:
The City shall continue to provide the existing League of Oregon Cities
UCR, or an equivalent (in the aggregate) alternative vision plan for all employees
and their enrolled dependents.
C. Dental:
The City shall continue to provide the existing or an equivalent (in the
aggregate) dental insurance plan for all employees and their enrolled
dependents.
27
_____Y_H._O' _^uo +_ __..,. _.,,,.__... _.... d'"'' ....--.--.
D. Life Insurance:
For the duration of this Agreement, the City shall provide the following:
1. A $10,000 $25.000 twenty-four (24)-hour term life and accidental death and
dismemberment policy.
2. A $10,000 on-duty life policy that is in addition to the above.
3. A $1,000 twenty-four (24) hour life double-indemnity accidental death and
dismemberment policy.
E. Retirement:
The City agrees to continue to pnwide a retirement plan that meets the
requirements of la-\Y participate in the Public Emplovees' Retirement SYstem. which
includes crediting of accumulated sick leave toward improved retirement
benefits.
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.
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 at the
end of eighteen (18) months, provided there are not subsequent warning letter(s)
or disciplinary action during the intervening period of time. All other disciplinary
documents shall become a permanent record in the personnel file.
28
Y'" ........,....,,'.""'-..- ..t_,.~....,~..~..~__,~"~~___A~~"_"__'"
C. File Additions:
Each employee shall have the right to read and sign any written material of
an evaluative nature that is placed in his/her personnel file. This includes merit
ratings, written reprimands, demotions, suspensions, or discharge. Any
employee may respond in writing to any item placed in such personnel file, and
said response shall become a part of said file.
ARTICLE 24 - PROBATIONARY PERIODS
Probationary periods shall apply to both new employees and employees having
received a promotion; and such periods shall be eighteen (18) months for all employees
new to the department and for all promotions. 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 1 rate. /\n omployoo so hirod sh::lll bo oligiblo for ::ld'lnncomont to tho noxt
stop on tho s::ll::lrj schodulo ::lftor complotion of lwolvo (12) months of sorvico in tho
procoding Gtop.
ARTICLE 25 - DISCIPLINE AND DISCHARGE
No employee shall be disciplined without just cause and due process.
A. Due Process:
The following procedures shall be honored if disciplinary action is being
considered.
a. Before any decision to take disciplinary action is finalized, the following
shall occur:
29
,_... ~-'-Y---'-~~-""~"'-"--'-"--""----'
(1) The employee will be informed of the charges in writing and given the
information that is the basis for possible disciplinary action.
(2) After the employee has been informed of the charges, he/she shall
have the opportunity to meet and discuss the matter with the
supervisor who initiated the charges. If the employee chooses to
meet with the supervisor to discuss the charges, he/she shall be
allowed to have a representative of the Union present.
b. After the decision is made, the employee shall be given written notification
thereof. If the decision is adverse to the employee, the employee shall
have the opportunity to include a statement in his/her defense in his/her
personnel file.
B. Just Cause:
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.
C. Limitations:
Oral reprimands and warnings shall not be considered disciplinary actions
and shall not be subject to the provisions of this Agreement. A written reprimand
shall not be subject to the Due Process steps outlined in Part A of this section
but shall be subject to the Just Cause provisions of Part B hereof. If the City has
reason to reprimand an employee, it shall be one in a manner that is least likely
to embarrass the employee before the other employees or the public. The
Association shall be forwarded a copy of any correspondence sent to the
employee.
30
--......_ ." "...,,, t.- --,." 0,,"'_. ,. '- ... . -." --.,'.......-.....
---~----t
ARTICLE 26 - EMPLOYEE RIGHTS
The following provisions apply to any interview which the supervisor has reason
to believe could result in disciplinary action.
A. Prior to the interview, the employee will be informed of the nature of the
allegations. The employee will also be notified that he or she has a right to
have an Association representative present at the interview. The
notification provisions contained herein are not applicable to a criminal
investigation under Section 26B of this Article.
B. 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
a criminal investigation, the employee shall be informed that he or she is
not required to answer questions and is not required to participate in the
interview. If the employee chooses to either not answer or not participate in
the interview in a criminal investigation, the employee shall not be subject
to discipline for exercising those privileges.
C. 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.
ARTICLE 27- SUBSTANCE ABUSE
Tho City ch::111 havo tho right to ::1dopt ::1 cubct::mco abu60 policy, which includos
tho following:
.A Drug Scrooning:
Tho City may roquiro scrooning for cubct:mco abuco or drLlg tocting Llndor
31
__.-y--..".'..'..._...f_'__"...._____._...w..._
tho following condition!>:
-+.- If thoro is a roa!>on3blo suspicion that tho ornployoo is undor the influonco
of drug€; whilo on tho job.
b Tho omployoo oxhibit€; pattorn!> (o.g., poor 3ttondanco, dif.ficultio6 in
'Norking with othor€;, poor porform3nco) which in tho opinion of 3n outt:ido
con!>ult3nt i€; an indic3tor of p066iblo eubet3nco 3bu!>0.
Employooe idontifiod undor numbor 1 or 2 3bovo, who rofu€;o to pnrticipato
in a proporly roquoetod drug toet or !>crooning for eubst::mco abuso shall bo
eubjoct to diechargo.
.g.,. Pesitive Test Resl::llts:
Empl8yees who test 13esiti'le (with eer-dirming tests) for illegal dmg abuse or '.'iho
are identified through the sereeRing process as having a sl:lbstance abuse problem shall be
given an opporhmity to eOffect the s1:lbstance abl:lse, subjeet to tne followiHg:
B The employee may, as a em'ldition of eOHtiRHing eFHflloyment, be subject to
periodie ranclcHR testiHg f-0r sl:Ibstaaee abHse for r."o (2) years from the date of the
origiHal pesiti'le test.
~ Tho ompl8yee sRall, as a eeHdition ef eOHtinHed eRlf'leymeat, be reqHired te
eonform to tho reql::lirements of sHeR treatment program as may be reoommended
and m8nitored by aH ol:ltside consHltant.
~ Committee:
The City and the AssoeiatieH shall form a joint eommittee to review and make
reoeFl.'lfRendatieHs as to the Sfleeifio testiHg faeilities, 13reeedm'es, aRd staneards teat are to
be Hsed iH implementiHg the soostaRee abuse fleliey. The eemm:ittee sRall be eOlHflrised
of an eqaal HHmaer of City and .\sseeiation reflreseatatives, and it sRall eper-ate eR a
"majority mles" basis. Tee above deseribed p8liey shall net be iRlf'lemeRted Hntil after
tl'le committee nas completed its work.
32
,.-- ...-......-.-.,......'..-------.........-.---
The substance abuse oolicv. includina the testina of an emolovee. shall be in
accordance with General Order Number One adoDted SeDtember 7.1999.
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 herein shall be modified only by written agreement.
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 proceed to the next step within the applicable time limit. Failure
by the Association to file a grievance within the time limit specified in each step
shall constitute an acceptance of the City's position on the issue.
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.
33
I ---~".__.~,~_.__..._-_.._-_.
,-
i
Step 2 - City Administrator: If the grievance remains unresolved, the grievance
shall be submitted 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 chief administrative official of the City 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 3 - 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 notice to the City Administrator of intent to
arbitrate and on the same date request a list of five (5) names from the
State Conciliation. 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 have no power to
alter, modify, add to, or detract from the terms of this Agreement. The
decision of the arbitrator, provided it is within the scope of this Agreement,
shall be final and binding on both parties.
Expenses for the arbitrator's services and the proceedings shall be
borne equally by the parties. However, each party shall be completely
34
I
!
.
- Woodburn
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.
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
A. This Agreement shall be effective upon the date of signing except that wage&
economic provisions shall be retroactive to July 1, +99+ 2000, and shall remain in
full force and effect through June 30, ;WOO 2003. This AlITeement shall also remain
in effect through anv negotiations for a successor alITeement. This Agreement shall not
be modified in whole or in part by the parties except by instrument, in writing,
duly executed by both parties.
B. The parties acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter appropriate for collective bargaining and that the understandings
and agreements arrived at by the parties after the exercise of that right and opportunity are
set forth in this Agreement. Therefore, the City and the Association, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the
other shall not be obligated to bargain collectively with respect to any subject or matter,
35
,._.._., .._..___.,_,.~____...._____._~"-...~......-......",,,._w__~"_'
even though such subjects or matters may not have been within the knowledge or
contemplation of either or both of the parties at the time that they negotiated or signed-
this Agreement. All terms and conditions of employment not covered by this Agreement
shall continue to be subject to the City's direction and control.
The wage scale provided for and in effect on June 30. 2000. shall be amended and modified as
follows:
The Trainee Step A shall be deleted and the wage scale shall be increased bv six percent
(6%) effective Julv 1. 2000.
Effective Julv 1. 2001. the wage scale in effect on June 30. 2001. shall be increased bv
three and one-half percent (3.5%),
11111
11111
11111
11111
11111
11111
Effective Julv 1. 2002. the wage scale in effect on June 30. 2002. shall be increased bv
three percent (3%).
Executed this _ day of
, +99& 2000.
FOR THE CITY:
FOR THE ASSOCIATION:
Signature
Signature
Title
Title
Date
Date
36
y
APPENDIX A - WAGES
Eff-eetiv8 retroaetive to hiRe 30, 1997 thnl\:1gh hme 30, 1998:
Trainee
A B
~ ~
A.
Step
Police Officer
B. Eff~etiTle July 1, 1998 through hIlle 30, 1999:
Step
Police Officer
Trainee
A B
~ ~
C. Effective July 1, +999 2000:
1
~
1
~
37
2
~
2
;w.w
3
~
3
JG@
4
M.;:;z.
4
~
5
~
5
JJ+9
.
Step
Police Officer
Trainee
A B
~ ~
1 234 5
~~J.UH.~~
38
1