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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 / F' E RESOLUTION No. 73 7 $ f I f- Ma( h 15, 1973 f i (As Revised) 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 s 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 -2- • I 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. -3- Y ;fie' r' - 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 E -4- 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 -5- r° 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 -6- 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 -7- r 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. -R- S , r (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 r ~a 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 -10- sfti x~ ~b 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 'u 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 z his permanent appointment to that classification. Employers shall be 4 P called back from layoff according to seniority in the classification kk, ? 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 f -11- { E i f a 't ' r • 1J r. 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: -12- 3 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. i (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. -13- 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.., -14- 4 t. EXHIBIT "A" f Salary Schedule July 1, 1973 through June 30, 1974 Range Pocition A a C+ D E r:. r .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. ,E Y 22. f + :w f