Resolution No. 00-54 CITY OF TIGARD,OREGON
RESOLUTION NO.00-,5L4
A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF TIGARD AND THE TIGARD POLICE OFFICER'S ASSOCIATION(TPOA)
WHEREAS, the current collective bargaining agreement with TPOA expired June 30,1999
WHEREAS,a new collective bargaining agreement has been negotiated for the period of?uly 1, 1999 to
June 30,2001
WHEREAS,the City Council reviewed this matter at their August 22,2000 meeting in Executive Session
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The collective bargaining agreement between the City of Tigard and TPOA,effective July 1,
1999 through June 30,2001 as attached as Exhibit"A"is hereby adopted
PASSED: This 2?2t day o6in 000.
r
ayor-City o Tig
ATTEST:
City Recorder-City of Tigard
i:\oiry AdCVM1utdot
1
RESOLUTION NO.00-V
Page 1
ORIGINAL
Exhibit"Am
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
TIGARD POLICE OFFICERS' ASSOCIATION
AND THE
CITY OF TIGARD
i
Expires: June 30,2001
(0036T8738]
TABLE OF CONTENTS
PREAMBLE.......................................................................................................1
ARTICLE 1 -RECOGNITION............................................................................1
ARTICLE 2-EXISTING CONDITIONS..............................................................1
ARTICLE 3-CHECK OFF AND PAYMENT IN LIEU OF DUES.......................1
AR'T'ICLE 4-EMPLOYEE RIGHTS....................................................................2
ARTICLE 5-MANAGEMENT RIGHTS.............................................................3
ARTICLE 6-CITY SECURITY..........................................................................3
ARTICLE 7-ASSOCIATION BUSINESS .........................................................3
ARTICLE 8-GENERAL AND SPECIAL ORDERS...........................................4
ARTICLE 9-DEPARTMENT MANUAL AND CONTRACT...............................4
ARTICLE 10-BULLETIN BOARD.....................................................................4
ARTICLE 11 -OUTSIDE EMPLOYMENT.........................................................4
ARTICLE 12-WORKING OUT OF CLASS ............................................:.........4
ARTICLE 13-HOURS OF WORK....................................................................5
ARTICLE 14-OVERTIME AND PREMIUM PAY..............................................6
ARTICLE 15-HOLIDAY COMPENSATION......................................................8
ARTICLE 16-VACATIONS.................... .... .. .............................................
ARTICLE 17-INSURANCE BENEFITS............................................................9
ARTICLE18-SICK LEAVE..............................................................................11
ARTICLE 19-LEAVE OF ABSENCE WITH PAY.............................................18
ARTICLE 20-LEAVE WITHOUT PAY..............................................................15
ARTICLE 21 -GRIEVANCE PROCEDURE......................................................15
ARTICLE 22-MILEAGE AND PER DIEM ALLOWANCE.................................17
ARTICLE 23-CLOTHING AND UNIFORM.......................................................17
ARTICLE 24-SENIORITY................................................................................18
ARTICLE 25-LAYOFF AND RECALL..............................................................19
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ARTICLE 26-SHIFT AND DAYS OFF BIDDING.............................................19
ARTICLE 27-PROBATIONARY PERIOD.........................................................20
ARTICLE 28-DISCIPLINE AND DISCHARGE.................................................20
ARTICLE 29-PERSONNEL FILE ....................................................................21
ARTICLE30-WAGES......................................................................................21
ARTICLE 31 -EDUCATION INCENTIVE/LONGEVITY MERIT INCENTIVE....22
ARTICLE 32-SAVINGS CLAUSE....................................................................23
ARTICLE 33-TERMINATION ..........................................................................24
ADDENDUM A--JULY 1999 COLA.................................................................25
ADDENDUM B--JANUARY 2000 COLA.........................................................26
ADDENDUM C--JULY 2000 COLA.................................................................27
ADDENDUM D-INTERNAL INVESTIGATION PROCEDURES.....................28
ADDENDUM E-SWORN PERSONNEL INTERMEDIATE CERTIFICATION.30
ADDENDUM F--SIDE LETTER.......................................................................31
ADDENDUM G--SIDE LETTER.................................. ...............................32
ADDENDUMH..................................................................................................33
-- ........................... .#---
G+�'Y
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PREAMBLE
This cor;`--^t Wintered into this 1A day of between the
City of Tigard,Oregon,.,ereinafter referred to as the"City,"and the Tigard Police
Officers'Association,hereinafter referred to as the "Associatio:,,"has as its purpose
the promotion of an efficient police department;harmonious relations between the
City and the it .sociation;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.
ARTICLE 1 -RECOGt :,*ON
The City recognizes the Association as the sole and exclusive
bargaining agent with respect to wages,hours and other conditions of employment
for the employees in the bargaining unit as set forth in Addendums A through C.
The City shall notify the Association of its decision to add any new
classifications to the Police Department. If the City and the Association cannot agree
whether a new position is supervisory, managerial, confidential,or if a new
classification should be included in the bargaining unit,the dispute shall be submitted
to the Employment Relations Board. When the parties are unable to agree as to the
representation status of such a new position,the City shall have the option of leaving
the position vacant or filling the position at a provisional wage rate until the issue Is
resolved. If such a position is filled on a provisional basis and if there is a
subsequent adjustment in the wage rate,such adjustment shall be retroactive to the
date that the position was filled.
The bargaining unit shall consist of those classifications listed in
Addendums A through C,that are regular full-time employees and those employees
within those classifications that are regularly scheduled to work 20 hours or more per
week, excluding supervisory and confidential employees as defined by the Public
Employee Collective Bargaining Act.
ARTICLE 2-EXISTING CONDITIONS
The City shall be obligated to negotiate over existing conditions that are
mandatory subjects of bargaining,whether or not they are covered by this
agreement, if the City intends to alter,change or modify such conditions.
ARTICLE 3-CHECK OFF AND PAYMENT IN LIEU OF DUES
3.1 Check-off
The City will deduct Association duos from the wages of employees
when so authorized and directed in writing by the employee on tete authorization form
provided by the City.
Any authorization for the payroll deductions may be canceled by any
j employee upon written notice to the City and the Association prior to the 15th day of
each month,to be effective on the 1 st day of the following month. I
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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. It is also
agreed that neither any employee nor the Association shall have any claim against
the City for any deductions made or not made,as the case may be, unless a claim of
error is made in writing to the City within forty-five(45)calendar days after the date
such deductions were or should have been made.
3.2 Payment in Lieu of Dues
Any regular employee who is a member of the bargah otig unit and has
not joined the Association within thirty(30)days of becoming a regular employee,or
who has joined within such time and then withdrawn from membership after such
thirty(30)days, shall have deducted rrom his/her pay by the City a monthly:arvice
fee in the uniform amount of a payment in lieu of dues to the Association. The
payment in lieu of dues shall be segregated by the Association and used on a pro-
rate basis solely to defray the cost for its services rendered in negotiating and
administering this Agreement. Such deduction shall be made only if accrued
earrings are sufficient to cover the service fee after all other authorized payroll
deductions have been made.
3.3 Religious Objection
Any individual employee objecting to payment in lieu of dues based on
bona fide religious tenets or teachings of a church or religious body of which such
employee is a member, is required to inform the City and the Association of his/her
objection. The employee will meet with the representatives of the Association and
establish a mutually satisfactory arrangement for distribution of a contribution of an
amount of money equivalent to the above mentioned payment in lieu of dues to a
charitable organization mutually agreed upon by the employee and the Association.
The employee shall furnish written proof to the City that such has been
accomplished, as appropriate.
3.4 Indemnification
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
any City action taken pursuant to the provisions of this Article.
ARTICLE 4-EMPLOYEE RIGHTS
j 4.? Employee Organizations
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 employee relations. Employees shall also have the right
j to refuse to join and participate in the activities of any employee organization. No
employee shall be interfered with,intimidated, restrained,coerced,or discriminated
1 against by the City or by an employee organization because of his exercise of these
rig hts.
4.2 Non-Discrimination
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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,labor organization affiliation,or political affiliation. The
Association shall share equally with the City the responsibility for applying the
provisions of this Contract.
ARTICLES-MANAGEMENT RIGHTS
The City administration and department heads shall exercise the sole
responsibility for management of the City and direction of its work force. To fulfill this
responsibility,the rights of the City include,but are not limited to:establishing and
directing activities of the City's departments and its employees determining services
to be rendered, standards of service and methods of operation,including
subcontracting and the introduction of new technology and equipment;establishing
procedures and standards for employment and promotion;to layoff,transfer and
promote;to discipline or discharge for cause;to determine job descriptions;
determine work schedules,to establish performance standards,and assign work;and
any other rights except as expressly limited by the terms of this Agreement.
ARTICLE 6-CITY SECURITY
The Association agrees that during the term of this contract its
membership will not participate in any strike against the City under any
circumstances. For the purpose of this contract,the meaning of the word"strike"is
any concerted stoppage of work, slowdown, speedup,sit-down,absence from work
upon any pretext that is not founded in fact,interruption of the operations of the City
by the Association,or any similar act. Violation of this section by any bargaining unit
member shall be grounds for disciplinary action up to and including discharge.
ARTICLE 7-ASSOCIATION BUSINESS
7.1 Association Business
Up to three(3)members of the bargaining unit selected to serve as
authorized representatives shall be certified in writing to the Chief of Police. When
authorized in advance,up to two(2) representatives shall be granted time off without
loss of regular pay for the purpose of meeting with City representatives. Employees
may attend Association meetings on duty,subject to call,when authorized by the
Chief of Police.
7.2 Contract Negotiations
a
The Association's negotiating team may be comprised of more than two
a (2)employees; provided however,that the City's obligation to allow such individuals
a to attend negotiations during duty hours without loss of pay shall be limited to two(2)
individuals. Hours utilized for this purpose shall not be considered hours worked in
determining the payment of overtime.
The date,time,and place for negotiating sessions shall be established
by mutual agreement between the parties. The Association's attorney may
participate in negotiating sessions at the Association's discretion.
7.3 Special Conferences
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Special conferences to discuss employment relations maiters shall be
arranged between the Association and the City or its designated representatives
within a reasonable period of time after either party receives a request from the other
party. 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 request to confer is
made. The Association members shall not lose time or pay for time spent in such
conferences.
Up to two(2)members of the bargaining unit may be allowed to attend
conferences directly related to Association matters, provided the City receives
sufficient advance notice of the dates of such conferences and the approval of the
Chief of Police is obtained. The maximum number of days to be paid by the City
shall not exceed an aggregate of six(6)conference days per year. The City shall not
pay for travel, lodging, or per diem expenses of the members attending the
conferences.
ARTICLE 8-GENERAL AND SPECIAL ORDERS
The City will furnish the Association with copies of all general or special
orders from within the Police Department promulgated during the term of this
Agreement pertaining to wages, hours,and conditions of employment.
ARTICLE 9-DEPARTMENT MANUAL AND CONTRACT
The City agrees to furnish each employee of the bargaining unit with a
copy of the Department Manual and a copy of this contract as provided by the
Association for distribution.
ARTICLE 10-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 and shall limit its postings to
Association business. Only members of the bargaining unit may post or remove
items on the Association bulletin board. In the event the City desires that an item be
removed, it will contact the Association with a request for such. The item will be
removed if found inappropriate by the parties.
ARTICLE 11 -OUTSIDE EMPLOYMENT
Employees wishing to engage in off-duty employment with another
employer must obtain approval from the Chief.
ARTICLE 12-WORKING OUT OF CLASS
12.1 Actinq Supervisor
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 supervisory position shall be entitled to a five percent(5%)premium for all time
so assigned. Corporals are excluded from the provisions of this section.
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12.2 Coaching
Non-supervisory personnel assigned to coach newly hired or promoted
police department employees shall be entitled to a pay increase of 5%of the top-step
base pay,for the classification acting as a coach, per day for each day or part of a
day for the duration of their acting assignment. Corporals and Sergeants are
excluded from the provisions of this section. (Effective 7/1/88).
12.3 Other
Employees assigned to work in a higher classification,other than what
is described in sections 1 &2 of this article,shall be entitled to a five percent(5%)
premium for all time so assigned. (Effective 7/1/88).
ARTICLE 13-HOURS OF WORK
13.1 Work Week
The work week, consistent with the operating requirements of the City,
shall consist of a forty-hour(40-hour)shift schedule during a seven day calendar day
period commencing midnight Sunday and ending midnight the following Sunday,on a
5-8 or 4-10 schedule. The only exception to these provisions shall be for part-time
employees.
(a) A"5-8"work schedule shall consist of five(5)consecutive days of
eight(8)work hours each followed by two(2)consecutive days off.
(b) A"4-10"work schedule shall consist of four(4)consecutive days of
ten (1 O)work hours each followed by three(3)consecutive days off. In the event a 4-
10 schedule is implemented,the parties agree to meet to negotiate its
implementation and any contract changes as may be necessary.
(c) The City and the Association may agree to an alternative work week
consisting of five(5)consecutive nine(9)hour workdays,followed by three(3)
consecutive days off. In the event an alternative work schedule is implemented,the
parties agree to meet to negotiate its implementation and any other contract changes
as may be necessary.
(d) Regular part-time employees shall be covered by the terms of this
Agreement but shall receive a pro rata City contribution towards the cost of the
insurance benefits as specified in this agreement and all paid time off(vacation,
holidays,sick leave,etc.) based upon the relationship the employee's work schedule
bears to that of a full-time employee.
13.2 Work Day
A normal work day shall consist of either eight(8)hours per day on the
basis of a five-day(5-day)work week,ten(10)hours per day on the basis of a four-
day (4-day)work or nine (9)hours per day workday as specified in"c"above. The
work day for all employees shall include meal and rest periods as set forth below.
13.3 Meal Period
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Each employee covered by this agreement will be permitted a 30
minute paid meal period each workday to the extent consistent with operational or
duty requirements.
13.4 Rest Periods
Each employee covered by this agreement will be permitted two(2),
fifteen (15)minute paid rest periods each work day,to the exteni consistent with
operational or duty requirements.
13.5 Work Schedules
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(2)weeks prior to the employee's change of work
schedule,except where a change of schedule is for the purpose of the employee's
voluntary training.
13.6 Safety Release
Employees working sixteen or more hours in a twenty-four hour period
may be given their next scheduled shift off with pay. In such event, no deduction
shall be made from the employee's leave. If employees are directed to work their
next scheduled shift,they shall be paid at the rate of time and one-half for such shift.
The twenty-four hour period described herein shall commence at the start of the
employee's regularly scheduled shift.
ARTICLE 14-OVERTIME AND PREMIUM PAY
14.1 Definition
All work under the following conditions shall be compensated at the rate
of time-and-one-half:
(a) For employees assigned to a 5-8 schedule,all work in excess of
eight(8)hours on any work day,and all work performed on the 6th or 7th day of the
employee's work week. A work day shall for purposes hereof be a twenty-four-hour
(24-hour)period commencing at the start of the employee's scheduled shift.
(b) For employees assigned to a 4-10 schedule,all work in excess of
ten (10)hours on any workday and all work performed on the 5th,6th or 7th day of
the employees work week. A work day shall for purposes hereof be a twenty-four-
hour(24-hour)period commencing at the start of the employee's scheduled shift.
1 All overtime pay shall be computed to the nearest one quarter(1/4)
hour. Paid compensatory time off and all other paid time off,unless otherwise
specified in this agreement, shall be counted as hours worked for purposes of
i determining overtime compensation. All non-paid time off shall not be counted as
hours worked for purposes of determining overtime compensation.
14.2 Form of Compensation
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The employee may elect to be compensated for all overtime in cash,or
he/she may elect to accrue compensatory time to the extent such is allowed by law,
to a maximum accrued balance of forty(40)hours,with the remainder to be paid in
cash. Compensatory time shall be scheduled and taken off at the mutual
convenience of the parties.
14.3 Callback
Authorized court and call-back overtime shall be compensated at the
below minimums:
(a) On a Scheduled Work Day: Three(3)hours (either overtime pay or
compensatory time, at the employee's choice,as provided in Section 14.2),but this
minimum shall not apply if the court or call-back assignment begins one(1)hour or
less before the start or after the end of the employee's regular shift.
(b) On a Scheduled Day Off. Four(4)hours (either overtime or
compensatory time,at the employee's choice,as provided in Section 14.2),
scheduled days off include scheduled leave days,provided the employee complies
with current court notification procedures.
As a condition of receipt of payment for the time involved,all witness
fees, mileage allowances,and other remuneration paid for appearances in court
proceedings under this Article shall be turned over to the City. An employee who is
on court call-back remains on call-back until finally released for the day by the court.
14.4 Standby
Any employee required to be on standby will be compensated one
dollar($1.00)for every hour so acting. This benefit shall be effective July 1, 1988.
14.5 Special Assignment Pay.
Recognizing the right of the City to transfer and assign as determined
by the Chief, special assignment pay will be paid per an employee's current
assignment as follows:
Motorcycle 5%
K-9 5%
Detectives 3%
Narcotics Officer 3%
14.6 Shift Differential
Any member of the bargaining unit who has been employed at least six
(6)months and who is required to work two(2)or more different shifts within a normal
work week shall be compensated with two(2)hours of overtime for that week. This
differential shall not apply when the above occurs as a result of a shift assignment as
described in Article 26 or is the result of mutual agreement between members of the
bargaining unit for their own personal benefit.
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14.7 No Pyramiding
The City shall not be required to pay twice for the same hours.
ARTICLE 15-HOLIDAY COMPENSATION
In lieu of holidays off, each full-time employee shall be credited with
eight(8)hours of holiday compensatory time or cash, at the option of the employee,
for each month worked. If the employee elects to receive compensatory time, such
time off shall be credited to his/her vacation/holiday account. Part-time employees
shall receive a prorated compensatory time credit based upon the relationship their
regularly scheduled work weak bears to that of a full-time employee.
Within 30 days of the dates specified herein,employees will be required
to advise the City what portion of their holiday time is to be converted to their
vacation/holiday account and/or paid monthly or on the dates specified below. If an
employee elects to have a portion of their holiday hours paid,such payment shall be
made on December 1 and/or June 1 of each year and shall not exceed 48 hours on
either date. The City will provide employees with a selection form and each
employee will be required to make a selection and return the form within the time
period described in this section.
ARTICLE 16-VACATIONS
16.1 Accrual
Vacations shall accrue as follows:
Years of Continuous Monthly Accrued Annual Hours Equivalent Accrual
Service Rate Days
0-12 months/0-1 yr. 6 2/3 hours 80 10
13-60 months/1-5 yrs 8 hours 96 12
61-120 months/5-10 yrs 10 hours 120 15
121-180 mos/10-15 yrs 12 hours 144 18
Over 180 months 13 1/2 hours 162 20.25
Notwithstanding the above specified rates of vacation accrual, no
employee shall be allowed to accumulate vacation/holiday in excess of 280 hours. It
shall be the responsibility of each employee to schedule sufficient vacation/holiday so
that he/she is not denied accrual of additional vacation. If an employee is unable to
take vacation due to the operational needs of the department,he/she may snake
arrangements with the Chief to exceed the maximum accrual specified above.
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 the first six(6)months of
continuous service shall not be credited as earned vacation until the employee
completes the first six(6)monies of continuous service.
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16.2 Scheduling
Vacation periods shall be scheduled at the mutual agreement of the
City and the individual employee. Between April 1 st and 15th of each year,the City
shall circulate within each classification and in order of seniority,with the most senior
employee afforded the first selection,a vacation sign-up roster for the following
twelve-month(12-month)period. Each employee shall be allowed to select one
continuous vacation period (vacation/holiday and comp time included)from the
portions of the year in which vacation is available. After the seniority vacation
selection as provided for above,all additional vacation will be scheduled subject to
the operational needs of the department on a first-come first-served basis. Once a
vacation request has been approved,it shall not be canceled by the City unless due
to circumstances beyond the control of the City.
16.3 Separation
All employees shall be entitled to payment for unused vacation/holiday
and comp time upon separation from City service. In the event of death, the
employee's heirs will be entitled to payment of such accrued time.
16.4 Bonus
Employees,at their option, may elect to be paid up to forty (40)hours of
accrued vacation in addition to vacation time taken when they take vacation leave
totaling 40 hours paid time per fiscal year.
ARTICLE 17-INSURANCE BENEFITS
17.1 Health Insurance
The City agrees to provide and maintain LOC Trust Plan II ($100
individual,$300 family deductible effective 1/1/95)at no cost to the employee. LOC
Trust Plan IV or LOC Kaiser Plan will be available at employee option upon
employment with the employee paying the difference between the current monthly
cost of LOC Plan II and the monthly cost of LOC Plan IV or LOC Kaiser Plan, as the
case may be.
17.2 Dental Insurance
The City agrees to provide the current dental insurance plan or a
substitute plan of the same service delivery type at substantially the same or a better
benefit level at no cost to the employee.
17.3 Vision
3 The City agrees to provide UCR Vision coverage,employee coverage
only,and effective 7/1/98 add dependent/employee,coverage no cost to the
1 employee.
a
17.4 Life and Disability Insurance
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The City agrees to provide and maintain the current life and disability
insurance plan or a substitute plan of the same service delivery type at substantially
the same or a better benefit level at no cost to the employee. Effective on or before
October 1, 1991,the City agrees to make optional life insurance available for
employee purchase subject to the limits available to the City, maximum$500,000
coverage.
17.5 Physical Examinations and Capability Test
The City may require each employee to take a physical examination,or
it may choose to require such an examination only for sworn officers. Each employee
who is required to take such an examination may choose to use his/her own
physician,at the employee's expense,or to use a physician designated by the City,
at the City's expense.
The spirit of the physical examination and the annual physical capability
test is for the welfare of the employee and is not intended to be punitive in any
manner. The physical examination will focus on specific health maintenance issues
and early identification of potential job related health problems in the future.
The report form will address only those health issues related to
personnel in their specific working environment. Access to the report is limited to the
City Administrator,Chief of Police, Personnel Director,and the named employee.
17.6 Retirement
Effective July 1, 1989,all sworn officers will be placed in the Public
Employees Retirement System based on their last effective date of hire. Effective as
of March 30,1997,City payment of PERS"pickup"will be discontinued and all sworn
officers will make a contribution on their own behalf in accordance with the
requirements of the Public Employee Retirement System. Individual members or the
Association as a whole,will not be responsible for the cost of the conversion.
All non-sworn employees will receive a vested benefit into the ICMA
retirement program based on their actual account balances as of July 1, 1989 and the
formula provided the City in the parties May 11, 1989 agreement. Efrective July 1,
1989, the City will contribute 12%of salary as defined by ICMA into an ICMA 401A
plan. Effective March 30, 1997,the City's contribution will be 11%and effective July
1, 1997,the City contribution will be 10%.
17.7 Liability
The City shall continue liability protection at least equal to its level of
insurance as of June 30, 1991. The City may choose to self-insure.
17.8 Plan Descriptions
The City will annually provide each employee with a list and description
of those insurance plans which this contract enumerates and a list and description of
those plans which are available as options to City employees.
17.9 Flexible Spending Account
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Effective January 1, 1992, subject to IRS approval,the City will make
available the IRS Section 125 flexible spending account for child care and medical
reimbursement purposes. Elder care will be added as an option as of January 1
following availability.
ARTICLE 18-SICK LEAVE
18.1 Purpose
The purpose of sick leave is to allow continuation of pay while an
employee recuperates from an illness or other approved reason causing absence as
noted in Section 18.6. Sick leave is also intended to provide employees with the
assurance of pay in order that they may be ays3y from the job to avoid exposing
others to illness.
18.2 Accrual System
Employees shall be credited with eight(8)hours of accumulated sick
leave for each full calendar month actively employed by the City.All regular
employees and all probationary employees(after 30 days employment)are allowed
sick leave for non-occupational disability. Sick leave may be accrued without a limit,
except as provided for conversion to retirement.
18.3 Part-time Employees
Sick leave benefits for regular part-time employees(twenty(20)hours
per week or more)shall be granted on a prorated basis(hours per week divided by
forty(40).
18.4 Utilization
Accumulated sick leave shall be payable at the employee's regular
straight-time rate in an amount equal to the time the employee would have worked,to
a maximum of eight(8) hour per day. Employees may utilize their allowance for sick
leave whenever they are unable to perform their work duties by reason of illness or
non-occupational injury.
® 18.5 Notification
! In the event an employee is absent from work because of sickness or
injury, the employee shall notify the supervisor,at least one(1)hour prior to the
e.oployee's scheduled start time,of the expected absence and the nature and
expected length thereof. However,should an employee fail to call within the first hour
of the regular work shift due to extreme illness,a physician's statement may be
j required by the supervisor and shall be paid for by the City when so required in the
j event the employee's health insurance does not cover the cost.
s
18.6 Family Use
Employees may use sick leave where there is an illness in their family
which necessitates making arrangements for the ill relative. Members of the
employee's family are defined as relatives and/or dependents domiciled in the
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employee's household. Variances to this policy are to be approved by the Chief of
Police prior to authorization of sick leave.
18.7 Integration with Worker's Comp
In the case of on-the-job injuries covered by Workers'Compensation,
the City will provide to the employee an amount equal to the difference between the
payments received for Workers'Compensation time-loss benefits and regular net
salary.
Whenever an employee receives a check for Workers'Compensation
time-loss benefits,he/she shall report to the Finance Director of the City in writing the
amount of the check and the period for which it represents payment. Sick leave will
not be charged to the employee for injuries covered by Workers'Compensation or
that are the result of on-the-job injury.
18.8 Retirement or Death
(a) u�nrn n^epl3y^SS CCV2r6d by-ERG shall have rJu%Of their UnUSBd SICk leave
credited to their retirement as per guidelines of PERS. In the event of the
employee's death,the employee's heir will receive a cash death benefit equal
to one-half of unused sick leave accrual at the time of death. This death
benefit will be inapplicable if any portion of unused sick leave is converted for
retirement or survivor benefits.
(b) All other employees who have completed 20 years of credited service or have
reached their normal retirement date or have become disabled,shall have
one-half(1/2)of their unused sick leave applied to their retirement benefit.
This benefit can be a cash-out at the employee's regular straight-time rate or
the time can be applied to enable the employee to retire early. In the event of
the employee's death, his/her survivors would receive the cash benefit equal
to one-half(1/2)of the value of the employee's unused sick leave.
18.9 Vacation Bonus
An employee shall receive one extra vacation day for twelve(12)
consecutive months of non-use of sick leave in the previous calendar year. It shall be
the responsibility of each employee to notify the department of his/her qualifications
3 prior to January 31.
18.10 Appointment Leave
' Effective July 1,each employee shall receive sixteen(16)hours
appointment leave to be used for medical or dental appointments. (Appointment
leave will be non-accumulative.)
18.11 Maternity
Maternity leave shall be covered by sick leave or disability insurance
pay during the period that the employee's doctor certifies"disability". The employee
will be required to provide written certification before such payments are made. The
City of Tigard and TPOA-Expiration Date: June 30,2001
12
length of leave,both prior to and after ds'.Ivery,is a decision to be made by the
woman and her doctor. Any time taken before or after the certified period of disability
must be taken as compensatory time,vacation leave,holiday time or leave without
pay and the regulations governing these forms of leave shall apply.
The employee must notify her supervisor in writing of her intention to
return to work(including date of return)prior to the commencement of her maternity
leave,and within 15 days after delivery she must reaffirm her intention to return to
work in order to assure that her position will be held open. An employee who
confir;-s her intention to return to trfnrk in ar_.cnrdance with the above shall have her
position h-.:c;'u; i n until the date spi;cifed in her statement of intention,after which
reinstatement will be dependent upon the availability of a suitable vacancy.
Vacancies created by such leave, if filled,will be by temporary or conditional
appointments.
Vacation leave,seniority and time toward annual evaluation shall
accrue during the sick leave period of maternity leave. In addition,health and other
insurance benefits will continue without interruption. During the periods of disability
insurance pay,health, dental and fife insurance benefits will be discontinued.
However,the employee will have the option of picking up health insurance at their
own expense(group rate)for a period of ninety(90)days.
During periods of leave without pay,standard rules governing leave and
fringe benefits under leave without pay shall apply.
Pregnancy shall not constitute grounds for disciplinary action or
dismissal. i
18.12 Family Medical Leave
The City agrees to abide by the applicable provisions of state or federal
law regai ding`^mily medical leave.
18.13 Sick Leave Donation
An employee with a minimum of four hundred eighty(480)hours of
unused sick leave may,on written notice to the City,donate sick leave time to
another employee who has exhausted all sick leave and is in documented need of
sick leave due to extended illness or injury. The donor's sick leave will first be
converted to cash based on the donor's base salary and then converted to an
appropriate amount of sick leave based on the donee's base salary.
ARTICLE 19-LEAVE OF ABSENCE WITH PAY
19.1 Compassionate Leave
In the event of death or critical illness in the employee's family or of an
' individual of significant personal relationship to the employee,the Chief of Police
shall grant needed time off with pay,not to exceed five (5)working days. For the
purpose of this section,family shall be defined as: parents, parents-in-law, children,
step-children,brothers,sisters and grandparents. For purposes of this provision,
"critical illness"shall be defined as a life-threatening situation which reasonably
requires the employee's presence.
City of Tigard and TPOA-Expiration Date: June 30,2001
13
19.2 Voting
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 work hours,he/she shall be
granted off duty time of up to two(2)hours to vote without loss of pay or accrued
vacation.
19.3 Training
(a) Training Information-The City shall provide the Association with information
regarding law enforcement-related training opportunities as such information is
received. The Association may submit recommendations for review by the
Chief regarding the available training opportunities that it believes are of
particular value or are lacking in value to the Department.
(b) Mandatory Training-An employee may request assignment to a training
activity or be so assigned upon:the initiative of the Department. When an
employee is assigned to attend a training activity,the following shall apply:
1. All receipted course registration fees,tuition,and other out-of-pocket
expenses shall be reimbursed by the City. All textbooks and other
literature received as a result of taking the training shall by the property
of the City.
2. All mileage and per diem shall be reimbursed in accordance with this
agreement.
3. All time required for travel and course attendance shall be paid at the
employee's regular or overtime rate,as applicable.
(c) Voluntary Training-Training to which an employee is not specifically assigned
pursuant to"b"above, shall be designated as voluntary training. Such training
may occur on paid or non-paid time or a combination thereof and may be with
full, partial,or no reimbursement of expenses. At the time that a tnF-4n.g
request is approved,the Department shall specify whether the training is
considered to be voluntary or assigned and,if voluntary,the specified
expenses,if any,that the City will reimburse and the paid time,if any,that the
City will grant.
19.4 Jury Duty
(a) cna,ployaes shall be granted leave with pay for service upon a jury provided
that the day to be served on jury duty is a scheduled work day. Should the
employee's regular schedule be other than a day shift,the City shall
reschedule the employee to a day shift for the duration of the empioyee's jury
service. The City shall not incur any liability for adjusting the shift of the
employee on jury duty or for adjusting any other employee's shift to comply
City of Tigard and TPOA-Expiration Date: June 30,2001
14
with this Article. No more employees than reasonably necessary will be
adjusted to fill in for the shift of the employee on jury duty.
(b) The employee is required to seek all fees due him or her for such jury duty and
turn said fees, excepting personal vehicle mileage,over to the City. Upon
being excused from jury duty for any day,the employee shall immediately
contact his supervisor for assignment of the remainder of his or her work day.
(c) This Article shall only apply to those work weeks of the member during which
the member is serving on an impaneled jury or is required to report for juror
selection.
ARTICLE 20-LEAVE WITHOUT PAY
The City will consider a written application for leave of absence without
pay, not to exceed 180 calendar days,if the City finds there is reasonable justification
to grant such leave and that the work of a department will not be seriously
handicapped by the temporary absence of the employee. The City may terminate or
cancel such leave by 30 days written notice mailed to the address given by the
employee on his/her written application for such leave. Such leave shall not be
approved for the purpose of accepting employment outside the service of the City
and notice that an employee has accepted permanent employment or entered into full
time business or occupation may be accepted by the City as a resignation.
Any employee who is granted a leave of absence without pay under this
section and who for any reason fails to return to work at the expiration or termination
of said leave of absence shall be considered as having resigned his/her position with
the City and the position shall be declared vacant unless the employee,prior to the
expiration of the leave of absence or prior to the termination date has furnished
evidence that they are unable to work by reason of sickness, physical disability or
other legitimate reasons beyond their control and seeks an extension of leave for
such reason Such a request for extension shall be in writing. An extension shall be
granted only for a specified period of time and only if the City determines that the
request is reasonable and justified and that the extension may be granted without
unduly handicapping the operation of the department.
ARTICLE 21 -GRIEVANCE PROCEDURE
21.1 Process
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 1: 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 fourteen(14)
days from the occurrence thereof,or of the employee's knowledge thereof. The
notice shall include:
a) a statement of the grievance and relevant facts;
City of Tigard and TPOA-Expiration Date: June 30,2001
15
b) provision of the contract violated;
C) remedy sought.
The supervisor shall respond to the grievance in writing within soven(7
drys,with a copy to the Association.
STEP 2: If after seven(7)days from the date of submission of the grievance to
the supervisor the grievance remains unadjusted,the grievance may be submitted
within seven(7) days to the Chief of Police. The Chief may meet with the aggrieved
party,who may request an Association representative at the hearing. The Chief shall
respond to the grievance in writing within seven(7)days with a copy to the
Association.
STEP 3: If after seven(7)days from the date of submission of the grievance to
the Chief the grievance remains unadjusted,the grievance may be submitted within
seven(7)days to the City Administrator,who shall meet with the aggrieved party and
Association representatives and shall respond to the grievance in writing within
fourteen(14)days with a copy to the Association.
STEP 4: If the grievance is not resolved within fourteen (14)days from
submission of the grievance to the City Administrator,it may be submitted within
fourteen(14)days to an arbitrator. The arbitrator shall be selected by mutual
agreement of the parties as follows:
A list of seven(7)arbitrators shall be requested from the State
Mediation and Conciliation Service,and the parties shall alternately strike one(1)
name from the list until only one(1)is left. The one remaining shall be the arbitrator.
A coin flip shall determine which party strikes the first name on the first arbitration
after the signing of this contract. After that,the duty to make the first strike will rotate
with each subsequent arbitration.
The parties shall jointly request that the arbitrator render a decision in
writing within thirty(30)days of the close of the hearing and receipt of briefs. The
power of the arbitrator shall be limited to interpreting this Agreement and determining
if it has been violated. The arbitrator shall have no authority to add to,subtract from,
or modify this Agreement. The decision of the arbitrator shall be binding on both
parties.
i
The parties specifically agree that,in the event issues are submitted to
arbitration(grievance or interest),the decision shall be strictly limited to those issues
disputed by the parties.
i
The costs of the arbitrator shall be borne by the losing party. Each
party shall be responsible for the costs of presenting its own case to arbitration.
21.2 Time Limits
Any time limits specified in this grievance procedure may be waived by
mutual consent of the parties. "Day"shall be defined as calendar day. Failure to
submit the grievance in accordance with these time limits without such waiver shall
City of Tigard and TPOA-Expiration Date: June 30,2004
16
constitute abandonment of the grievance. Failure by the City to submit a reply within
the specified time will constitute a denial of the grievance. A grievance may
terminated at any time upon receipt of a signed statement from the Association or the.
employee that the matter has been resolved.
ARTICLE 22-MILEAGE AND PER DIEM ALLOWANCE
22.1 Mileage Reimbursement
Whenever an employee is authorized to use his/her personal vehicle in
performance of official City duties, he/she shall be compensated at the standard IRS-
allowed rate.
22.2 Expenses
An employee traveling on authorized City business shall receive, in
addition to his/her transportation and lodging expenses,a per diem allowance of
$22.00 par day,or fraction thereof_ actually spent on 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(1)day each way. The purpose of per diem
is to cover ordinary expenses such as meals,refreshment, tips, etc. If upon return to
work the employee justified to the satisfaction of the City Administrator that the per
diem allowance was insufficient to cover reasonable actual costs,the per diem
mount shall be adjusted accordingly by the City Administrator. Employees
anticipating the need for per diem compensation shall so advise the City
Administrator in advance of travel on forms provided by the City and receive advance
authorization therefor.
ARTICLE 23-CLOTHING AND UNIFORM
23.1 Uniform
If an employee is required to wear a uniform, Such uniform shall be
furnished by the City,and the City shall pay for initial tailoring. Any required
leatherware and personal firearm is specifically excluded from this provision and shall
be the responsibility of the employee to provide. The employee shall make restitution
to the City for loss or damage to any City supplied uniform unless such loss or
damage occurred in the line of duty and was not caused by negligence on the part of
the employee. Proper maintenance of a required uniform is the responsibility of the
employee.
23.2 Clothing Allowance
The City will provide a clothing allowance for employees while assigned
to plain clothes duty at the rate of$40.00 per month. The provisions of this section
3 shall apply to reimbursable expenses incurred in the fiscal year for reimbursement
j within the same fiscal year and shall apply only to sworn personnel who wear plain
clothes seventy-five percent(75%)or more of duty time calculated monthly.
23.3 Property Reimbursement
The City shall reimburse employees for personal property reasonably
and necessarily worn or carried when such property is stolen, damaged,or destroyed
City of Tigard and TPOA-Expiration Data: June 30,2001
17
as a direct result of the employee's performance of his/her official duties.
Reimbursement shall not be granted if the,negligence or wrongful conduct of the
employee was a substantial contributing factor to the theft,damage,or destruction.
23.4 Cleaning
The City shall provide every uniformed employee with one(1)cleaning
per week of the required uniform,and the City shall provide cleaning for the duty
jacket on a quarterly basis with a contracted cleaner as specified by the City.
23.5 Equipment Allowance
The City will provide an equipment allowance for sworn personnel. The
equipment allowance will be in the amount of fifty dollars($50.00)per year, paid by
separate check as of the first pay date following July 1 of each year,and will be for
the purpose of reimbursing sworn employees for the costs of equipment necessary
for the performance of their job, including articles of clothing and footwear.
AR I;CLE 24-JEI;0;Z.
24.1 Definition
Only regular full-time employees shall have seniority. Seniority shall be
achieved following the completion of the probationary period as defined in Section
27.1 and shall thereafter be established as the employee's total unbroken service in
the bargaining unit. Time spent in the armed forces on military leave of absence,
authorized leaves with pay and time lost because of duty-connected disability shall be
included in the employee's total unbroken length of service. If an employee is on an
authorized leave without pay for a period in excess of fifteen(15)calendar days, such
time in excess of fifteen (15)days shall not apply to seniority provided that the
employee's seniority will not be considered broken or terminated by authorized leave
in excess of fifteen (15)days. in cases where employees were hired on the same
date,seniority order shall be determined by lot. Employees who are promoted to a
position outside of the bargaining unit shall retain existing seniority but shall accrue
no seniority during the time they work outside the unit.
24.2 Loss of Seniority
Seniority shall be broken or terminated if an employee:
(a) Quits;
(b) Is discharged for just cause;
(c) Is laid off and fails to respond to written notice as provided in Article 25;
(d) Is laid off from work for any reason for twenty-four(24)months
(e) Fails to report to work at the termination of a leave of absence;
(f) While on a leave of absence accepts employment without permission;
(g) Is retired.
If an employee's seniority is broken and he is subsequently hired to
work in the Police Department, his seniority shall run from his most recent date of hire
within the bargaining unit.
City of Tigard and TPOA-Expiration Date: June 30,2001
18
24.3 Application
Seniority shall apply by classification in the matter of layoff recall,and
shift and days off bidding, except that if an employee has been demoted,seniority
shall include all time in the employee's present or higher classification within the
bargaining unit. Seniority shall apply by total unbroken service in the bargaining unit
for purposes of vacation scheduling under Section 16.2.
24.4 Seniority List
The City will provide the Association with a seniority list on January 1
and July 1 each year and shall post the list in a conspicuous place available to all
employees.
ARTICLE 25-LAYOFF AND RECALL
In the event of layoff for any reason,employees shall be laid off in the
inverse order of their seniority in their classification. Any employee who is to be laid
off shall be given a position, in a lower classitication in the bargaining unit,providing
the employee has greater seniority than the employee being bumped,and is qualified
to perform the requirements of the job. An employee who is promoted out of the
bargaining unit and into management shall retain his/her unit seniority and may bump
back into the unit, if laid off, if the management employee has the greater seniority as
a unit member. The employee shall bump the employee in the lower class with the
least seniority with the department. A sworn employee may not bump a non-sworn
employee unless the sworn employee previously held the non-sworn classification.
Employees shall be called back from layoff according to seniority in the classification
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 to work. An employee on layoff status
shall accept or decline an opening within fifteen (15)days of notice of termination of
layoff.
If there is a shortfall of unencumbered general purpose money in the
General Fund and it is necessary to lay off personnel within the bargaining unit,the
City and the Association will meet and consult prior to the City finalizing and
implementing its decision.
ARTICLE 26-SHIFT AND DAYS OFF BIDDING
j 26.1 Rotation
i
i All shifts shall be rotated each six(6)months.
i
a 26.2 Shift and Days Off
Prior to regular shift rotation, eligible employees shall be entitled to
submit written bids for shift assignments and days off from the slots made available
a by the Department. Employee bids for both shifts and days off shall be submitted in
writing to a designated supervisor at least 30 days prior to the regularly scheduled
rotation. Shift and days off bids shall be honored on the basis of seniority within the
bargaining unit except as follows:
City of Tigard and TPOA-Expiration Date: June 30,2001
19
(a) Unless written permission is granted by the Chief or a designee, no
employee shall ise eligible to remain on the same shift more than 18
consecutive months.
(b) Between regular shift rotations,the Chief or a designee may,for good
cause and based upon a good faith analysis of operational and
personnel needs of the Department,reassign employees to a different
shift. Such good faith assignments shall not be grlevable but
employees shall receive at(east two(2)weeks notice prior to such re-
assignments, unless precluded by an emergency,and shall be afforded
the opportunity to discuss the matter with the Chief.
(c) Probationary employees shall not bid for shifts.
26.3 Overtime Waiver
For the purpose of this article,the City shall not be obligated to pay
overtime that arises as a result of shift rotation so long as the employee does not
work more Ulan 60 haur8 in a 14 day pu icid ui Work n lo.0 iiVc(5)Consecuti'va
days.
ARTICLE 27-PROBATIONARY PERIOD
27.1 Definitions
(a) For individuals who have less than 24 months satisfactory experience
with a state,county,or municipal law enforcement agency,the
probationary period shall be 18 months.
(b) For individuals with at least 24 months satisfactory experience with a
state,county,or municipal law enforcement agency,the probationary
period shalt be 12 months.
(c) Non-sworn personnel shall be subject to a 12 month probationary
period.
Prior to completion of the probationary period,employees may be
discharged at will and such discharge shall not be subject to the grievance
procedure.
j 27.2 Promotional Probation
i
All promotions shall be subject to a six(6)month promotional
probationary period. Any employee who fails to complete the probationary period,
including any employee who is promoted to a position outside the bargaining unit,
shall have the right to be reinstated to the classification he/she held prior to being
promoted.
ARTICLE 28-DISCIPLINE AND DISCHARGE
28.1 Definition
City of Tigard and TPOA-Expiration Date: June 30,2001
20
Disciplinary action or measures for violations of rules or regulations
shall Include only the following:oral reprimand,written reprimand,demotion,
suspension, reduction in pay,other monetary assessment or discharge. Notice of
suspension or discharge will be given in writing. Employees are subject to discipline
or discharge for cause.
28.2 Process
If the City has reason to suspend or discharge an employee,the
employee shall have the right to be represented by an Association representative
during such procedure. If the City has reason to discipline an employee, it will take
all reasonable measures to assure against embarrassment of the employee before
other employees or the public.
28.3 Association Representation
In the evert of any interview which may reasonably lead to disciplinary
action,the affected employee shall have the right to be assisted by an Association
representative during such procedures. The parties mutually agree to the';internai
Investigation Procedures"attached hereto as Addendum D and incorporated herein.
ARTICLE 29-PERSONNEL FILE
No material in any form which can reasonably be construed,
interpreted, or acknowledged to be derogatory shall be placed in the employee's
personnel file unless he/she has been allowed to read such material.
Any employee upon his/her request shall have access to his/her
personnel file and shall have the right of reproduction of his personnel file in full or in
part. No portion of an employee's file shall be transmitted without the explicit consent
and request of the employee,other than to those authorized within the Tigard Police
Department,the City Administrator or his/her staff,or a court of competent
jurisdiction. The official personnel file shall be maintained in the Personnel Division.
ARTICLE 30-WAGES
30.1 Salary Schedules
Retroactive and effective on July 1, 1999,for all employees employed upon
I ratification,increase the salary schedule across the board by one and one-half
percent(1.5%),as reflected in Addendum A.
' Retroactive and effective on January 1,2000,for all employees employed upon
ratification,increase the Addendum A salary schedule across the board by one
and one-half percent(1.5%), as raflected in Addendur i B.
Retroactive and effective on July 1,2000,for all employees employed upon
a ratification,increase the Addendum 8 salary schedule across the board by
three percent(3.0%), as reflected in Addendum C.
City of Tigard and TPOA-Expiration Date: June 30,2001
21
Each employee shall be paid at one of the steps in the range prescribed for
his/her classification.
Normally, an employee will be appointed or reinstated at the first step of the
range established for his/her classification. The Chief may make an appointment or
reinstatement above the first step.
30.2 Schedule Movement
A new employee or promoted employee is eligible for consideration for
advancement to the next step of the salary range for his/her classification at the
beginning of the next pay period following completion of the equivalent of six(6)
months of service. Advancement of employees to higher pay steps shall not be
automatic, but may be made to the next pay step in the employee's classification,
effective on the fir^t day of the next pay period following the completion of each 12
months of satisfactory work performance. Such advancement shall be subject to a
written employee evaluation by the department head to the City Administrator
certifying that the employee had been making normal improvement in the ability to
carry out his/her job assignment.
Advancement may be withheld or postponed in the event the employee
is not performing his or her job assignment satisfactorily.
30.3 Promotions
Upon promotion,corporals and sergeants will move to the next highest
step, minimum 5%pay increase,computed on the basis of the base rate of pay
exclusive of premium,special assignment,or incentive/longevity pay.
30.4 Demotion
Unless a lesser sanction is provided by the City Administrator, an
employee voluntarily demoted or demoted as a result of a disciplinary action shall be
paid at the same step of the lower range as he/she occupied before being promoted,
with consideration of length of service of the employee in the higher range. A
demoted employee shall retain the same salary increase date.
30.5 Salary Range Changes
When a range is changed,the employee's pay is based upon the same
step of the new range as in the old. Such changes shall not alter the employee's
eligibility for salary increases.
30.6 Pay Periods
The City shall pay employees once eve:f two:reeks.
ARTICLE 31 -EDUCATION INCENTIVE/LONGEVITY MERIT INCENTIVE
31.1 Certification/Education
Certification pay increments will begin as of the date of issuance shown
on the certification. Educational achievement pay increments will begin as of the
City of Tigard and TPOA-Expiration Date: June 30,2001
22
date of written notice to the City of a degree or equivalent hours. Members of the I
bargaining unit shall be eligible for educational and training incentive increments to
be applied to their current salary after meeting the following requirements:
(a) Completion of probation.
(b) Accrual of the necessary education and training points for the
intermediate or advanced certificate as set forth by Addendum E.
Incentive premiums and education requirements are as follows:
Sworn Personnel
Premium BPST Certification Educational Achievement
2.5% a. Intermediate --------------
b. A.A./A.S.or equiv. Hours
5 no a. Intermediate A.A./A.S.or equiv. Hours
b. Advanced ------------—
7.5% a. Advanced A.A./A.S. or equiv. hours
See Addendum E, Sworn Personnel certification Standards.
31.2 Longevity
Longevity merit incentive shall be paid in accordance with the following
schedule:
2% after 5 years
3% after 6 years
4% after 7 years
5% after 8 years
6% after 9 years
7.5%after 10 years
10%after 15 years
The above percentages shall be applied to the individual employee's
base salary but not to exceed a maximum of the top step of the police officer
classification salary. These percentages shall be applied to the base pay step,not
including educational incentive pay to previous longevity increases (i.e., shall not be
compounded).
The parties agree that this longevity merit incentive schedule at the
percentages shown above is a permanent method of recognizing longevity of service
and it is the intention of the parties that these step intervals and respective
percentages shall not be subject to additional negotiations.
ARTICLE 32 -SAVINGS CLAUSE
If any article or section of this Agreement or any amendment thereto
should be held invalid by operation of the law, or by any lawful tribunal having
jurisdiction or if compliance with or enforcement of any article or section should be
restricted by such tribunal,the remainder of this Agreement and addenda shall not be
City of Tigard and TPOA-Expiration Date. June 30,2001
23
affected thereby, and the parties shall enter into'Immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory replacement for
such article or section.
ARTICLE 33-TERMINATION
This contract shall be effective as of the date of its signing by both
parties or as otherwise specified herein and shall remain in full force and effect until
June 30,2001.
The parties agree to commence negotiations on or before Januar]5,
2001,for a successor Agreement. This contract shall remain in full force and effect
during the period of negotiations.
The parties agree to administer this contract and negotiate for a
successor agreement in accordance with ORS 243.650,,3t.seq.,the Oregon Public
Employee Collective Bargaining Law.
Signed this31- day of 2000.
CITY OF TIGARD,OREGON TIGARD POLICE OFFICERS'
ASSOCIATION
City anager esl en
Date: 'T/r3/rOy Date: —/ 'Oa
I
3
City of Tigard and TPOA-Expiration Date: June 30,2001
24
i
ADDENDUM A
JULY 1999 COLA
Yx c 'i.''vb
Police (Records Monthly 2192 2302 2417 2539 2664
Specialist
Hourly 12.65 13.28 13.94 14.65 15.37
Annually 26304 27624 29004 30468 31968
Property/Evidence Monthl 2426 2547 2675 2809 2949
Clerk
Hourly 14.00 14.69 1 15.43 116.21 1 17.U1
Annually 29112 30564 32100 33708 35388
Detective Monthly 2192 2302 2417 2539 2664
Secretary
Hourly 12.65 13.28 13.94 14.65 15.37
Annually 26304 27624 29004 30468 31968
Community Monthly 2426 2547 2675 12809 2949
Service Officer
Hourly 14.00 14.69 15.43 16.21 17.01
Annually 29112 30564 32100 33708 135388
Police Officer Monthly 3136 3218 3386 3564 3753
Hourly 18.09 18.57 19.53 20.56 21.65
1
Annually 37632 38616 40632 42768 45036
!
i
s
a
City of Tigard and TPOA-Expiration Date. June 30,2001
25
ADDENDUM B
JANUARY 2000 COLA
Police Records Monthly 2225 2337 2453 2577 2704
Specialist
Hourly 12.84 13.48 14.15 14.87 15.60
Annuallv 26700 28044 29436 30924 32448
Property/Evidence Monthly 2462 2585 2715 2851 2993
Clerk
Hourly 14.20 14.91 15.66 16.45 17.27
Annualiv 29544 31020 32580 34212 35916
Detective Secretary Monthly 2225 2337 2453 2577 2704
Hourly 12.84 113.48 14.15 14.87 15.60
Annual! 26700 28044 29436 30924 32448
Community Service Monthly 2462 2585 2715 2851 2993
Officer
Hourly 14.20 14.91 15.66 16.45 17.27
Annualiv 29544 31020 32580 34212 35916
Police Officer -Monthly 3183 3266 3437 3617 3809
Hourly 18.36 18.84 19.83 20.87 21.98
Annuallv 138196 39192 41244 43404 ' 45708
City of Tigard and TPOA-Expiration Date: June 30,2001
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ADDENDUM C:
JULY 2000 COLA
Classification � a s+N"14 S rx
Police Records Monthly 2292 2407 2527 2654 2785
Specialist
Hourly 13.22 13.89 14.58 15.31 16.07
Annually 27504 28884 30324 31848 33420
Property/Evidence Monthly 2536 2663 2796 2937 3083
Clerk
Hourly 14.63 15.36 16.93 'i 6.94 17.79
Annually 30432 31956 33552 35244 36996
Detective Monthly 2292 2407 2527 2654 2785
Secretary
Hourly 13.22 13.89 1 14.58 15.31 16.07
Annually 27504 28884 30324 31848 33420
Community Monthly 2536 2663 2796 2937 3083
Service Officer
Hourly 14.63 15.36 16.13 16.94 17.79
Annually 30432 31956 33552 35244 36996
Police Officer Monthly 3278 3364 3540 3726 3923
Hourly 18.91 19.41 12042 21.50 22.63
Annually 39336 40368 1 42480 44712 47076
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City of Tigard and TPOA-Expiration Date: June 30,2001
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ADDENDUM D
INTERNAL INVESTIGATION PROCEDURES
A. Advance Notice.
Prior to any internal investigation which could result in suspension or
discharge,the employee concerned shall be notified not less than twenty-four(24)
hours before the interview or such time as written reports are required,except when,
in the opinion of the City, a delay will jeopardize the success of the investigation or
when criminal conduct is at issue. An employee may voluntarily waive the above
twenty-four hour(24-hour)notice. The notice shall include the specific reasons for
the interview,a statement of whether the employee is a witness or a suspect,and
any other information necessary to reasonatly inform him/her of the nature of the
investigation. Upon request,the employee shall be afforded an opportunity and
mci'M!G� ubJcct on!y to schedu!ing Hmitatipn fo confact and consult orivately with an
attorney and/or a representative of the Association.
B. The Interview
1. Interview shall be conducted in the Department Office unless
mutual agreement of the parties or the particular circumstances of the situation
require another location.
2. Any interview of an employee normally shall be when he/she is
on duty,unless the serious nature of the investigation dictates otherwise.
3. Parties to the interview shall be limited to those reasonably
necessary to conduct a thorough and fair investigation. The employee shall be
informed as to the name, rank and command,or other similar information of all
persons present, if they are unknown to him/her,and may have an Association or
other representative present to witness the interview and assist him/her.
4. The interview shall be limited in scope to acts, events,
circumstances and conduct which pertain to the subject investigation and shall be
y conducted in a manner devoid of intimidation or coercion. The employee shall be
granted reasonable rest periods,with one 111 intermission every hour if so requested.
o Interviews exceeding two (2)hours shall he continued only by mutual consent.
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5. If the interview is recorded,the employee shall be provided with
aa copy of the recording upon request,or he/she may record the interview
himself/herself at his/her own expense,and the City shall be provided with a copy. If
any portion of the recording is transcribed,the employee shall be given a copy.
Interview proceedings shall be kept strictly confidential by all concerned.
C. Investigation Findings:
City of Tigard and TPOA-Expiration Date: June 30,2001
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I. When the investigation results in charges of violation of
department policy being filed,the employee,upon request, shall be given a copy of
the summary report of the investigation, including all material facts of the matter.
2. When the investigation results in discharge or suspension,the
employee shall be notified immediately of the nature of the action to be taken,the
reasons therefor, and the effective date of such action. Copies of the notice and
summary report of the investigation shall be placed in the employee's personnel fila
and made available for his/her inspection.
3. An employee may protest any suspension or discharge through
the regular contract grievance procedure.
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ADDENDUM E
SWORN PERSONNEL
INTERMEDIATE CERTIFICATION
Minimum 8 yrs 7 yrs 6 yrs 5 yrs. 4 yrs 3 yrs 2 yrs
Years of
Experience
Minimum 15 23 30 38 45 BPST BPST
Training (300 (460 hrs.) (600 hrs.) 760 hrs_) 900 hrs.) Basic Basic
Points, hrs.) Course Course
Including
BPST Basic
Course
I (tquivaieni
hours in
parentheses)
Minimum 15 23 30 38 45 Assoc. Bach.
Education Degree Degree
-J Points
ADVANCED CERTIFICATION
Minimum 12 11 10 9 8 9 6 4
Years of
Experience
Training 30 35 40 45 60 BPST BPST BPST
Points, (600 (700 hrs.) (800 hrs.) (900 hrs-) (1200 Basic Basic Basic
Including hrs.) hrs.) Course Course Course
BPST Basic
Course
(Equivalent
hours in
parentheses)
Minimum
Education
Points
City of Tigard and TPOA-Expiration Date: Juno 30,2001
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ADDENDUM iF
SIDE LETTER
S" = LETTER
The pa—ies are agreed t at t :_ Association has no interest in and
e=ressly •wa-"ves any cl=__m to represent employees emp'_oyed in the
Computer Specialist Classification.
Signed this day of 1994.
CITY OF TIG?_RD, OREGON TIG?1?1) POLICE OFFICERS'
AASSSOCIIAATIOONNN
/!'-"s•SSG�cf//.fii�-s��_
Patck J. i ly l Johrr Goldspink
Cit - Mana _ TPOA President
Date - / Data 2A
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City of Tigard and TPOQ-Expiration Date: June 30,2001 / ,n
City of Tlga Cd .nd TPol1 - M.Pl—Cion Dace: .Tums 30 � 33
g
1��;//��s•n �ctA1z.T ��y4
- - G
ADDENDUM G ;
SIDE LETTER
side Letter
July 96 - June 99 Agreement
The parties agree that during the term of this Agreement there
will be an ongoing dialogue which may be initiated by either party
concerning the current longevity merit incentive pay program and
possible modification of or alternatives to that program-
Modification of the current program during the term of this
Agreement may be made by mutual consent only.
William Monahar_ Michael Webber
City Manager TPOA President
Date 3� 7 Date cZ� 7
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City of Tigard and TPOA-Expiration Date: June 30,2001
City of Tigard and T'POA - 5%Firation Dates Juno 30, 1999
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ADDENDUM H
Effective with the pay;period commencing March 30,•.997,the City
agrees to increase the salary of each sworn officer and each step of the current
salary schedule by six percent(6%) From that time forward,the TPOA agrees that
sworn officers shall contribute six percent(6%)of salary to PERS. The City shall
withhold from the salary of sworn officers the employee's PERS contribution,with
other required withholdings,and shall pay the amount withheld for PERS to PERS in
lieu of payment to PERS by the employee. Sworn officers shall have no option to
receive the amount withheld and contribute directly instead of having it paid by the
City to PERS. For the limited purposes of Internal Revenue Code Section 414 (h)(2)
and related tax statutes,the employee's contribution to PERS will be picked up by
the City as a pre-tax contribution as the term"picks up"is used in the Internal
Revenue Code.
This change is not applicable to any employee until they become
eligible and qualified for membership in PERS.
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City of Tigard and TPOA-Expiration Date: June 30,2001
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