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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 City of Tigard and TPOA-Expiration Date: June 30,2001 1 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 City of Tigard and TPOA-Expiration Date: June 30,2001 11 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 City of Tigard and TPOA-Expiration Date: June 30,2001 e 1 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 city of Tigard and TPOA-Expiration Date: June 30,2001 2 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 City of Tigard and TPOA-Expiration Date: Jun®30.3001 3 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. City of Tigard and TPOA-Expiration Date: June 30,2001 4 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 City of Tigard and TPOA-Expiration Date: June 30,2001 5 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 City of Tigard and TPOA-Expiration Data: June 30,2001 6 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. City of Tigard and TPOA-Expiration Date: June 30,2001 7 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. City of Tigard and TPOA-Expiration Date: June 30,2001 8 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 City of Tigard and TPCIA-Expiration Date: June 30,2001 9 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 City of Tigard and TPOA-Expiration Date: June 30,2001 10 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 City of Tigard and TPOA-Expiration Date: June 30,2001 11 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 26 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 i City of Tigard and TPOA-Expiration Date: June 30,2001 27 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. N 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 28 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. 3 { City of Tigard and TPOA-Expiration Date: June 30,2001 29 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 30 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 ii I I 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 S i 1 i i H 3 City of Tigard and TPOA-Expiration Date: June 30,2001 City of Tigard and T'POA - 5%Firation Dates Juno 30, 1999 32 41 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. i i i i 7 City of Tigard and TPOA-Expiration Date: June 30,2001 33