Resolution No. 73-07
CITY OF TIGARD
RESOLUTION NO. 73 - 1 _
RESOLUTION OF CITY COUNCIL AUTHORIZING MAYOR AND
RECORDER TO EXECUTE CONTRACT WITH TIGARD POLICE
OFFICERS ASSOCIATION
WHEREAS, collective bargaining with the Tigard Police
Officers Association has now been concluded and.
WHEREAS, the Tigard City Council has reviewed the pro-
posed contract;
NOW, THEREFORE,
HE IT RESOLVED, by the Council of tine City of Tigard;
(1) That the Mayor and Recorder be, and they are
hereby authorized and directed to execute on
behalf of the city that proposed contract with
the Tigard Police Of.icers Association, copy
whereat is hereto attached and by reference
made a part hereof, and to thereby bind the City
to the obligations thereof..
PASSED by the Council this _?4- day of 1973.
ATTESTS
+Y Recorder /
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RESOLUTION No. 73 7 $
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CONTRACT
CITY OF TIGARcD
and
TIGARD POLICE OFFICERS ASSOCIATION
This contract entered into this day of W-h
1973 between the CITY OF TIGARD, OREGON, hereinafter referred to as
the City and the TIGARD POLICE OFFICERS ASSOCIATION, hereinafter
referred to as the Association, has as its purpose the promotion of
an efficient Police Department; harmonious relations between the City
and the Association; the establishment of an equitable and peaceful
procedure for the resolution of differences; and to set forth their
entire agreement with regard to rates of pay, hours of work and
other conditions of employment.
1. Cefinitic..:,. As used herein, the following terms
shall mean:
(a) CITY. The City of Tigard.
(b) ASSOCIATION. The Tigard Police Officers Association.
(c) EMPLOYEE. An inOlvidual employed in the bargaining unit
as defined in sub-paragraph D hereof, covered by this agreement.
(d) BARGAINING UNIT. All Clerk Dispatchers, Clerk Specialists,
Cadets and Patrolmen, employed in the City's Police Department. The
bargaining unit excludes all supervisory personnel.
(e) SALARY. The monthly rate of pay identified and set forth
on exhibit "A" of this agreement.
(f) SENIORITY. An employee's length of continuous service
with the Police Department since his last day of hire.
(q) EXEMPT EMPLOYEES. Supervisory management personnel in the
Police Department including the classifications of Chief, Lieutenant,
and Sergeant.
2. Recognition. The City recognizes the Association as the
sole and exclusive bargaining agent with respect to wages, hours
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and other conditions of employment for the employees in the bargain-
ing unit as defined herein.
3. Existing Conditions. No employee shall suffer a reduction
in wages or related economic benefits as a result of the signing of
this contract. The City will consult with the Association before
,r changing any existing conditions related to wages, hours and working
` conditions.
4. Check-Off
(a) The City, when so authorized and directed in writing by
an employee member of the Association on the authorization form pro-
vided by the City, will deduct Association dues and insurance pre-
miums from the wages of such employee.
(b) Any authorization for payroll deductions may be cancelled
by any employee upon written notice to the City and the Association
prior to the 15th day of each month, to be effective on the first day
of the following month.
(c) The city will not be held liable for check-off errors but
will make proper, adjustments with the Association for errors as
soon as is practicable.
5. Employe Rights.
(al Employees shall have the right to form, join and participate
in the activities of employee organizations of their own choosing,
for the purpose of representation on matters of employe relations.
Employees shall also have the right to refuse to join or participate
in the activities of any employe organization. No employe shall be
interfered with, intimidated, restrained, coerced, or discriminated
against by the City or by any employe organization because of his
exercise of these rights.
(b) The provisions of this contract 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, union affiliation or political affiliation. The Association
shall share equally with the City the responsibility for applying
the provisions of this contract.
(c) All references to employees or officers in this contract
designate both sexes, and wherever the male gender is used, it shall
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be construed to include male and female employees.
6. Management Rights. The City Administrator and department
heads shall exercise the sole responsibility for management of the
City and direction of it's work force. To fulfill this responsibility
the rights of the City include but are not limited to; establishing
and directing activities of the Department and it's employees,
determining standards of service and methods of operation, including
subcontracting and the introduction of new equipment, establishing
procedures and standards for employment and promotion; layoff, transfer
and promote; to discipline or discharge for cause; determine job
descriptions; determine work schedules and assign work and any other
rights except as expressly limited by the terms of this agreement.
7. City Security. The Association agrees that during the
term of this contract its membership will not participate in a strike, -
work stoppage, slowdown, interruption of City services, or abuse of
police prerogative.
8. Association Business. Members of the bargaining unit
selected to servo as authorized representatives shall be certified
in writing to the City P.dministrator. When authorized in advance,
representatives may be granted time off without loss of pay for the
purpose of processing business within the scope of representation.
Such officers or representatives shall not enter any work location
without the consent of the department head. With the exception of
contract administration matters referred to above, employees shall
not participate in Association activities while on duty.
9. Contract Negotiations. The Association's negotiating team,
to be comprised of no more than three employees, shall be permitted _
to attend negotiating meetings with the City representatives
without loss of pay relative to securing contract renewal to the
extent that such meetings are scheduled during duty hours of the
members so attending. The date, time and place for negotiating
sessions shall be established by mutual agreement between the parties.
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10. special conferences. Special conferences for important
matters may be arranged between the Association president and the City
or its designated representatives upon mutual agreement of the
parties. Such meetings shall be arranged in aGvance, and an agenda
( of matters to be discussed at the meeting shall be presented at the
time the conference is agreed to. Association members shall not
lose time or pay for time spent in such conferences.
11. General Special and Personnel orders. The City will
furnish the Association with copies of all general or special orders
from within the Police Department pertaining to wages, hours and
conditions of employment.
12. Manual of Rules and Procedures and Contract. The
City agrees to furnish each employee of the bargaining unit with a copy
of the City Personal Guide and Department Manual and a copy of this
contract. The cost of printing and assembling the contract will be
borne by the Association. New employees shall be provided with the
above at the time of their appointment.
13. Bulletin Board. The City agrees to furnish and maintain a
suitable bulletin board in a convenient place to be used by the
Association. The Association shall limit its posting of notices and
bulletins to such bulletin board.
14. Outside Employment.
(a) Employees wishing to engage in off-duty employment with
another employer must obtain approval from the Chief and the City
Administrator.
(b) Employees who do engage in off-duty police-related activities
shall be subject to the chain of ccmmand, protected by the City benefits
and compensated through the City at their regular rate of pay. These
assignments shall be offered on a voluntary basis and compensated on a
straight time basis.
1S. Seniority.
(a) The City will provide the Association with copies of a
seniority list on July 1 of each year and shall post the list in
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a conspicuous place available to employees. Preference in vacation
scheduling and extra days off shall be by seniority, provided vacation
requests are made before April 15th of each year.
(b) An employee shall lose all seniority in the event of
voluntarily quitting or discharge.
( 16. Working Out of Classification. Appointment of non-
supervisory personnel to a supervisory position may be made on an
acting basis to fill a temporary vacancy. An employee holding an
acting position shall be entitled to a pay increase not to exceed a
total of two pay steps from his current pay step for the duration of
his acting appointment.
17. Hours of Work.
(a) A normal work week shall consist of a 40 hour shift schedule
during a seven calendar day period commencing midnight Sunday and
ending midnight the following Sunday.
(b) A normal work day may consist of either eight hours per day
on ttc basis of a five-day work week, or ten hours per day on the
basis of a four-day work week. The work day for Patrolmen includes a
lunch period.
18. Overtime.
(a) As used in this cc,ntract, overtime shall mean that time an
employee is authorized by his supervisor to work in excess of eight or
ten hours in one day or on any day in addition to a scheduled 40-hour
shift week. A work day is defined as a 24-hour period, commencing with
the employee'a scheduled shift day. Time worked in excess of a 40-hour
week due to shift scheduling shall not be considered overtime for
purposes of premium pay unless provisions stated in Section 19 hereof
were not observed.
(b) Overtime shall be computed to the nearest half hour. Authorized
court overtime shall be a minimum of one hour.
(c) Overtime shall be compensated at the rate of time-and-one-
half the regular rate of pay.
(d) During fiscal year 1973-74 employees may receive cash payment
for overtime until the budgeted overtime allocation of approximately
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J $8,000 is exhausted. Thereafter, overtime shall be compensated with
compensatory time off taken at the mutual convenience of the parties.
(e) During fiscal year 1974-75, employees shall receive cash
payment for overtime or may elect compensatory time off at a time
mutually conveniewt- to the parties.
(f) Time spent by employees called back to work to correct im-
proper or incomplete work that should have been performed during normal
working hours shall not be compensated for.
(g) All witness fees, mileage allowances, etc. paid for appearance
in court proceedings shall be turned over to the City Recorder.
19. Shift Changes. An employee will normally be given adequate
advance notice of any change in his regular hours of work, except
where an emergency exists. Notice will not be given less than two
weeks prior to the employee's change of work schedule.
20. Holiday Co"pensation. In lieu of holidays, an employee shall
receive nine days of compensatory time off to be scheduled for the
mutual convenience of the employee and the City. In the event of
termination of employment, compensatory holiday time .:ill be pro rated
on the basis of three-fourths holiday per month between July 1st and
the date of termination.
21. vacations.
(a) Vacations shall accrue as follows:
Year of Monthly Equivalent
Continuous Service Accrual Rate Annual Accrual
Hours Days
0 through I year 6-2/3 hrs. 80 10
2 5 years 8 hra. 96 12
8 10 years 10 hrs. 120 15
11 " 15 years 12 hrs. 144 18
Over 15 years 13-1/3 hrs. 160 20
One additional day of vacation shall be added to the vacation
accumulation of any employee who completes 12 consecutive months of
service without absence due to illness or other physical conditions.
Accrued vacation shall be credited as earned vacation for each month
of service, or pro rata for each fractional month of service, in
accordance with the above schedule, except that vacation accrued during
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the first six months of continuous service shall not be credited as
earned vacation until the employee completes the first six months of
continuous service.
(b) Employees shall be responsible for planning, initiating ,
requests for and using vacation credits within one calendar year after
the calendar year in which they were earned. If on the first working
day of each calendar year an employee's earned but unused vacation
credits exceed a one year accumulation as set forth in paragraph 21(a)
above, the employee shall be responsible for initiating a request to
the City Administrator for authorization to carry such excess credit
into the next year.. Any accumulation in excess of two years accrual
as established in paragraph 21 (a) shall not be forfeited due to the
City failing to grant vacation leave,
(c) Upon termination of an employee for any reason, or in the
event of his death, he shall be paid a lump sum payment for all earned
but unused vacation credits and for all earned but unused compensatory
holiday credits.
22. Insurance Benefits.
(a) The City will continue to provide the present health in-
surance policies. Effective July 1, 1973, the City will pay for
employees and up to one-half of dependents coverage. Effective July 1,
1974, the City will pay the full cost of health insurance benefits
provided that no individual monthly employee and dependents premium
exceeds $55.00.
(b) The City will continue to provide the present salary continuatioi
benefit for each employee.
(c) The City agrees to provide for police officers a $10,000
life insurance benefit meeting the regnirements of ORS 243.005. Each
officer shall have deducted each month from his salary that portion
of the premium required to provide for full coverage.
(d) The City will continue to participate in the City of
Tigard retirement program or its' successor. If the Oregon Public
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Employees Retirement System succeeds the existing plan the City will
transfer all city contributions for current service benefits (from
April 1st, 1971) to P.E.R.S. upon election of the affected employees
to do so.
23. Liability Defense and Insurance. The City agrees to continue
the present liability insurance policy.
24. Sick Leave. Sick leave shall not be accrued but shall be
administered on an honor basis. Continuation of pay during an
absence not to exceed 90 days will be granted for the following reasons:
(a) Absence due to injury received on the job. Sick leave pay
shall be used to compensate for the difference between Workmen's
Compensation Insurance and full pay.
(b) Personal illness or physical incapacity resulting from causes
beyond the employee's control.
(c) Forced quarantine of the employee in accordance with State or
Community Health Regulations.
25. Compassionate Leave. In the event of a death in the
immediate family (husband, wife, mother, father, son; daughter, sister,
brother, :after-?n-law, mother-in-law, brother-in-law, sister-in-law)
the administrator may grant sufficient time off with pay to make funeral
arrangaments if necessary and to attend the funeral. A maximum of six
calendar days may be granted if warranted by the situation.
26. Leave Without Pay. A permanent employee may be granted leave
of absence without pay up to twelve months when the work of the Depart- -
ment will not be seriously handicapped by his absence. Requests for
such leaves must be in writing and must establish reasonable justification
for the approval by the Police Chief or City Administrator. Leaves of
absence for longer than two weeks must be approved by the City
Administrator.
27. Maternity Leave.
(a) Maternity leave v ill be granted without pay. The length of
leave prior to delivery shall be determined by the employee's doctor.
Maternity leave after delivery may be granted up to 90 days.
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(b) The employee must notify the Chief of Police of her
intention to return to work within 85 days of the beginning of her
maternity leave. An employee's position will be held open 90 days after
deliiftry, after which reinstatement is dependent upon the availability
of a position vacancy for which the returning employee is qualified.
28. Grievance Procedure. To promote better relations, the
parties agree to settle any disputes as to the meaning or interpretation
of this contract by the following procedure:
Step I. After first attempting to resolve the grievance informally,
the Association, or any employee with notice to the Association, may
claim a breach of this agreement in writing to the employee's immediate
supervisor within ten days from the occurrence thereof, or of the
employee's knowledge thereof. The notice shall include (1) a statement
of the grievance and relevant facts; (2) provision of the contract
violated; (3) remedy sought. The supervisor shall respond to the
grievance in writing within 5 days, with a copy to the Association.
Step II. If, after 5 days from the date of submission of the
grievance to the supervisor, the grievance remains unadjusted, the
grievance may be submitted within five days to the Chief of Police.
The Chief may meet with the aggrieved party, who may request Association
representative at the hearing. The Chief shall respond to the grievance
in writing within 5 days, with a copy to the Association.
Step III. If, after 5 days from the dale of submission of the
grievance to the Chief, the grievance remains unadjusted, the grievance
may be submitted within five days to the City Administrator, who shall
meet with the aggrieved party and Association representatives and shall
respond to the grievance in writing within ten days, with a copy to
the Association.
Step IV. If the grievance is not resolved within ten days from
submission of the grievance to the City Administrator, it may be
submitted within ten days to an arbitrator. The arbitrator shall be
selected by mutual agreement of the parties. If the parties cannot
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agree on an arbitrator within 25 days of the submission of the grievance
to the City Administrator, he shall be chosen in the following manner:
(a) A list of five members of the Federal Mediation and Conciliation d'
Service shall be requested and the parties shall alternately
strike one name from the list, until only one is left. The
Association shall strike the first name. The one remaining
shall be the arbitrator. One day will be allowed for the
striking of each na:ae.
(b) The arbitrator shall render a 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 decision of the arbitrator shall be binding
on oath parties.
(c) The costs of the arbitrators shall be born equally by the
parties. Each party shall be responsible for costs of pre-
senting its own case to arbitration.
{ Any time limits specified in the grievance procedure may be
waived by mutual consent of the parties. Failure to submit the
grievance in accordance with these ti:ae limits without such waiver
shall constitute abandonment of the grievance. Failure by the City
to submit a reply within the specified time will constitute a separate
violation. A grievance may be terminated at any time upon receipt of
a signed statement from the Association or the employee that the matter
has been resolved.
29. Mileage and Per Diem Allowance.
(a) Whenever an employee is authorized to utilize his own vehicle
in the performance of his official City duties, he shall be compensated
at the rate of 100 per mile for the first 400 miles and S* thereafter.
(b) An employee traveling on authorized City business shall receive
d in addition to his transportation and lodging expenses, a per diem
allowance of $12.00 per day, or fraction thereof, actually spent on
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city business for each programmed day of a conference or meeting and
for time spent in travel. Except that per diem for travel shall not
exceed one day each way. The purpose of the per diem is to cover
ordinary expenses, such as meals, refreshments, tips, etc.
30. Clothing Allowance. The City will provide a clothing allowance
for employees while assigned to plain clothes duty, on an actual
reimbursement basis not to exceed $10.00 per month.
31. Layoff. In the event of layoff for any reason, employees
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shall be laid off in the inverse order of their seniority in their
classification. Any employee who is to be laid off who had advanced
to his present classification from a lower classification in which he
held a permanent appointment shall be given a position, if available,
in a lower classification in the same department. His seniority in
the lower classification shall be established according to the date of
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his permanent appointment to that classification. Employers shall be 4
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called back from layoff according to seniority in the classification
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? from which the employees were laid off within the Department. No new
employees shall be hired in any classification until all employees on ;
layoff status in that classification have had an opportunity to return 1
to work.. An employee on layoff status shall accept or decline an
opening within ten days of notice of termination of layoff.
32. Probationary Period. The
Y probationary period shall be 12 ~
months for all police officers. Prior to completion of the probationary
re. period, employees may be discharged at will. All promotions shall be
subject to a six-month probationary period.
P 33. Discipline and Discharge.
(a) Disciplinary action or measures for violation of rules and
regulations as set forth in the departmental manual and city personnel ~
guide shall include, but not be limited to the following: oral reprimand,
written reprimand, extension of
probation not to exceed 6 months, y
` demotions, suspensions, reduction of pay by one step, appropriate
SA'w; extra duty, or discharge. If the City has reason to reprimand an
employee, it shall be done in a manner that is least likely to embarrass
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the employee before other employees or the public. In the event of
employee misconduct, the employee may be subject to discipline by his
superior or the Police Chief.
34. Personnel File.
(a) No material in any form which can be construed, interpreted
l or acknowledged to be derogatory shall he placed in the officer's
personnel file unless he has been allowed to read such material.
(b) Any officer, upon his request, shall have access to his
personnel file. Any officer may, upon request, have the right of
reproduction of his personnel file in full or part. No portion of
an officer's file shall be transmitted without the explicit consent
and request of the officer other than to those authorized with the
Tigard Police Department or by order of a competent court.
35. Salaries.
(a) The City agrees to pay employees the salaries during fiscal
year 1973-74 in the amounts provided in Exhibit "A", attached hereto
and incorporated herein.
(b) Merit advancement shall be su'iject to a written employee
evaluation, by the Department Read to the City Administrator, certifying
that the employee had been doing satisfactory work, and was making
normal improvement in the ability to carry out his job assignment.
Probationary employees may be advanced to the next pay step in
the employee's classification/pay range on the first or sixteenth
day of the month following the completion of six month's of satisfactory
service.
Advancement of employees to higher pay steps shall not be automatic,
but may be made to the next pay stop in the employee's classification,
effective on the first or the sixteenth day of the month, following
the completion of each twelve months of satisfactory service and
progressive performance improvement in the current step.
(c) Police officers shall be eligible for educational and
training incentive increments to be applied to their current salary
as set forth in exhibit "A", after meeting the following requirements:
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n (1) Completion of probation.
(2) Maintained for the previous 12 months, and continue to
maintain a satisfactory performance evaluation.
(3) Accrual of the necessary education and training points for
{ each certificate as set forth by the Board on Police Standards
and Training.
(d) Salaries for subsequent years during the term of this
contract shall be established in the following manner.
(1) On or before January 15th of each fiscal year the Association
and City shall jointly conduct a salary survey to determine the
highest pay step currently in effect in each comparable job
classification excluding educational increments.
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(2) The salary survey shall include, the applicable rates from
these jurisdictions: Portland, Washington County, Beaverton,
Milwaukie, Lake Oswego, Hillsboro, Gresham, Oregon City, Forest
Grove, West Linn, Tigard and Gladstone.
(3) Adjustments in the salary range for each classification as
listed in Exhibit "A" shall be made to insure that at no time
will the highest pay step be less than the average of the comparable
steps of the above listed jurisdictions.
(4) An annual cost of living adjustment equal to that,
determined by the Bureau of Labor Statistics index for the Port-
land Metropolitan area on a January to January basis shall be
applied to the pay ranges determined pursuant to subparagraph
(d) (3) above, to be effective on July lst of each year for the
duration of this contract.
36. Savings Clause. Should any section or portion thereof of
this contract be held unlawful and unenforceable by any court of
competent jurisdiction, such decision of the court shall apply only
to the specific section or portion thereof, directly specified in the
decisions; upon the issuance of such a decision, the parties agree
immediately to negotiate a substitute, if possible, for the in-
validated section or portion thereof.
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37. Termination. The contract shall be effective as of the
1st day of July , 1973, and shall remain in full force
and effect until June 30 1975, and shall be
automatically renewed from year to year thereafter, unless either
party shall notify the other in writing not later than October 1
that it wishes to modify this contract for any reason. This contract
shall remain in full force and effect during the period of negotiations.
ATTE - C TY TIGAeeRD
cwG
city Recorder By
~ BY
TIGARD POLICE OFFICERS
ASSOCIATION
B
BY ~tFC..,
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EXHIBIT "A"
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Salary Schedule July 1, 1973 through June 30, 1974
Range Pocition A a C+ D E
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.m 10 Clerk Dispatcher/Cadet 480 505 532 560 590
v 15 Clerk Specialist 559 589 620 653 687
22 Patrolman 762 802 844 889 935 i4{
Education and Training Incentive Increments
Intermediate Certificate front. Board on Police
Standards and Training y 530.00/month added to base pay. {
Advanced Certificate from the Board on Police t(E
Standards and Training 545.00/month added to base pay.
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