Resolution No. 06-30 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 06- 30
A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF TIGARD AND THE TIGARD POLICE OFFICERS
ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO SIGN
WHEREAS, the current collective bargaining agreement with TPOA expires June 30, 2006
WHEREAS, a new collective bargaining agreement has.been negotiated for the period of July 1, 2006
to June 30, 2009
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, 2006 through June 30, 2009 is hereby adopted.
SECTION 2: This resolution is effective July 1, 2006.
rd-
PASSED: This�� day of 2006.
a
Mayor- Ci of Tigard
ATTEST:
City Recorder- City of Tigard
RESOLUTION NO. 06 - D
Page 1
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
TIGARD POLICE OFFICERS' ASSOCIATION
AND THE
CITY OF TIGARD
Expires: June 30, 2009
HATPOA 2006-2009 Collective Bargaining Agreement.DOC
TABLE OF CONTENTS
PREAMBLE I
ARTICLE I - RECOGNITION.......................................................................... I
ARTICLE 2-MAINTENANCE OF STATUS QUO......................................... 1
ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES................. 2
ARTICLE 4-EMPLOYEE RIGHTS.................................................................. 3
ARTICLE 5 -MANAGEMENT RIGHTS ......................................................... 3
ARTICLE 6 - CITY SECURITY........................................................................ 3
ARTICLE 7 - ASSOCIATION BUSINESS....................................................... 4
ARTICLE 8 - GENERAL AND SPECIAL ORDERS.......................................4
ARTICLE 9 -DEPARTMENT MANUAL AND CONTRACT........................ 4
ARTICLE 10- BULLETIN BOARD.................................................................. 5
ARTICLE 11 - OUTSIDE EMPLOYMENT....................................................... 5
ARTICLE 12 - HOURS OF WORK................................................................... 5
ARTICLE 13 - OVERTIME AND PREMIUM PAY......................................... 7
ARTICLE 14-HOLIDAY COMPENSATION.................................................. 8
ARTICLE 15 -VACATIONS ............................................................................ 8
ARTICLE 16- INSURANCE BENEFITS.......................................................... 10
ARTICLE 17 - SICK LEAVE............................................................................ 12
ARTICLE 18 - LEAVE OF ABSENCE WITH PAY......................................... 14
ARTICLE 19 - LEAVE WITHOUT PAY.......................................................... 16
ARTICLE 20 - GRIEVANCE PROCEDURE.................................................... 16
ARTICLE 21 - MILEAGE AND PER DIEM ALLOWANCE.......................... 17
ARTICLE 22- CLOTHING AND UNIFORM................................................... 18
ARTICLE 23 - SENIORITY .............................................................................. 19
ARTICLE 24 - LAYOFF AND RECALL..........................................................20
ARTICLE 25 - SHIFT AND DAYS OFF BIDDING.........................................20
ARTICLE 26-PROBATIONARY PERIOD......................................................21
ARTICLE 27-DISCIPLINE AND DISCHARGE............................................. 21
ARTICLE 28 -PERSONNEL FILE................................................................... 22
ARTICLE29 - WAGES ..................................................................................... 22
City of Tigard and TPOA-Expiration Date: June 30,2009
ARTICLE 30 - INCENTIVE PAY..................................................................... 23
ARTICLE`31 - SAVINGS CLAUSE..................................................................26
ARTICLE 32 -TERMINATION........................................................................26
ADDENDUM A- SALARY SCHEDULE........................................................28
ADDENDUM B - INFORMATION REQUESTS............................................. 30
ADDENDUM C -MANDATORY TRAINING................................................ 31
ADDENDUM D - DISCIPLINARY INVESTIGATION PROCEDURES ....... 32
ADDENDUM E - CERTIFICATION OF SWORN PERSONNEL................... 34
ADDENDUM F-PERS SIDE LETTER............................................................ 35
MEMORANDUM OF UNDERSTANDING..................................................... 36
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PREAMBLE
This contract entered 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.
ARTICLE 1 - RECOGNITION
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 Addendum A.
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 Addendum A
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- MAINTENANCE OF STATUS QUO
The City shall be obligated to negotiate over existing conditions that are
mandatory subjects of bargaining or the mandatory bargainable impacts, whether or not they
are covered by this agreement, if the City intends to alter, change or modify such conditions.
In the event the City desires to amend or modify or change the status quo that
is a mandatory subject of bargaining or that has a mandatory impact, the City will provide the
Association President or his/her designee with written notice of the proposed change. The
Association shall have ten (10) days to object in writing to the person proposing the change or
their designee. The failure of the Association to object in writing to the proposed change
within ten (10) days of the notice provided for above shall serve as a waiver of the
Association's right to bargain. The Association's written objection shall specify the nature of
the objection and identify whether the Association believes the proposed change involves a
mandatory bargainable subject or a mandatory bargainable impact of a permissive subject.
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Thereafter, the parties shall bargain in good faith over said changes for a period
not to exceed thirty(30) days. If after the passage of thirty(30) days, the parties have not
reached agreement, either party may declare an impasse and initiate interest arbitration
pursuant to ORS 243.746 by requesting a list of eleven(11) Oregon and/or Washington
arbitrators from the Employment Relations Board who are members of the American
Arbitration Association(AAA). If the parties cannot mutually agree to an.arbitrator, they will
by lot alternately strike names and the last one (1) will be the arbitrator. The arbitrator shall
conduct a hearing within thirty(30) days of announcement of his/her selection, or at such
other time as the parties mutually agree.
ARTICLE 3 - CHECK OFF AND PAYMENT IN LIEU OF DUES
3.1 Check-off
The City will deduct Association dues from the wages of employees when so
authorized and directed in writing by the employee on the authorization form provided by the
City.
Any authorization for the payroll deductions may be canceled 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 1 st day of the following month.
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 bargaining 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 from his/her pay by the City a monthly service 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-rata basis solely to defray the cost for its
services rendered in negotiating and administering this Agreement. Such deduction shall be
made only if accrued earnings 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.
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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
4.1 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 to refuse to join and participate in the
activities of any employee organization. No employee shall be interfered with, intimidated,
restrained, coerced, or discriminated against by the City or by an employee organization
because of his exercise of these rights.
4.2 Non-Discrimination
The City and the Association agree 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.
ARTICLE 5- 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
fob descriptions; determine work schedules,to establish performance standards, and assign
work; and any other rights except as provided in Article 2 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.
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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
The Association's negotiating team may be comprised of more than three (3)
employees; provided however, that the City's obligation to allow such individuals to attend
negotiations during duty hours without loss of pay shall be limited to three(3) 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.
7.3 Special Conferences
Special conferences to discuss employment relations matters 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.
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ARTICLE 10- BULLETIN BOARD
The City agrees to furnish 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 - HOURS OF WORK
12.1 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.
12.2 Work Schedule
A "work schedule," consistent with the operating requirement of the City, shall
be a 5-8, 4-10, alternative work week, flexible or part-time schedule as follows:
(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
(10)work hours each followed by three (3) consecutive days off.
(c) The City and the Association may agree to an alternative work schedule
consisting of fixed hours other than a 5-8 or 4-10. 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) A"flexible"work schedule shall be equal in total hours worked during the
work week to that of a"5-8" employee, and unless otherwise agreed, shall have no maximum
or minimum number of work hours per day or work days per week. Such work schedule shall
not be in effect unless agreed upon in advance by the individual affected employee and the
City. An employee's acceptance of such assignments constitutes the employee's voluntary
agreement to a flexible schedule. The determination of those assignments that are expected
to work a flexible work schedule will be subject to bargaining between the City and the
Association. In the event the parties are unable to reach agreement, such matters may be
pursued through the mid term bargaining procedures set forth in Article 2.
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(e) A flexible work schedule will be applicable to special assignments for
Gang Enforcement, Transit Police and Street Crimes Units. Section 12.6 (Work Schedules)
and 13.4 (Shift Differential) are not applicable to employees in these assignments. Hours
worked by these assignments will not be flexed for purposes of mandatory training, court
appearances, the avoidance of the Safety Release as defined in Article 12.7 and the avoidance
of overtime thresholds as defined in Sections 13.1 (daily overtime) and 13.3 (call back).
When either of these shift assignments are changed within the respective units, the shift
change shall be completed pursuant to Sections 25.3 (overtime waiver) and 25.4 (adjustment
of schedule at rotation) of the agreement.
(f) "Regular part-time" employees shall be scheduled to work a portion of any
of the above-specified schedules.
(g) These schedules shall include meal and rest periods as set forth in this
article.
12.3 Work Day
The work day shall be a 24-hour period commencing at the start of the
employee's regularly scheduled shift.
12.4 Meal Period
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,
except for employees attending the academy or voluntary training where a longer lunch period
is provided and the employee is relieved from duty, in which case, the lunch period shall be
unpaid.
12.5 Rest Periods
Each employee covered by this agreement will be permitted two (2), fifteen
(15)minute paid rest periods each work day, to the extent consistent with operational or duty
requirements.
12.6 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 or for the purpose of
adjusting the schedule of a probationary employee not released for solo status.
12.7 Safety Release
Employees working sixteen or more hours in a twenty-four hour period who
provide notice to their supervisor at least one hour prior to reaching the sixteen-hour threshold
may be given their next consecutive 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
consecutive 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.
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Employees who do not receive eight (8) consecutive hours off either before or
after a court appearance will receive sufficient administrative hours off with nay to equal eight
(8)hours off. Employees assigned to Detective Narcotics Enforcement shall not be subject to
Section 12.7.
ARTICLE 13 - OVERTIME AND PREMIUM PAY
13.1 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 a regularly scheduled day off.
(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 a regularly scheduled day off.
(c) All work in excess of forty(40)hours in a work week.
During shift rotation, only the daily overtime threshold (work over eight (8) or
ten(10)hours in a day) of Article 13.1 will apply and overtime otherwise will be governed by
Article 25, Section 25.3.
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 determining overtime
compensation. All non-paid time off shall not be counted as hours worked for purposes of
determining overtime compensation.
13.2 Form of Compensation
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 in accordance with the Fair Labor Standards Act.
Employees may contribute unused compensatory time to a bank which shall be
maintained as an Association leave bank to be utilized by officers of the Association to
conduct business. The Association leave bank may contain no more than 200 hours of
accumulated leave at any one time, and shall be accessed only when authorized by the
Association. Leave from this bank of time will be scheduled by mutual agreement.
13.3 Callback
minimums: Authorized court and call-back overtime shall be compensated at the below
(a) On a Scheduled Work Day: Three (3) hours (either overtime pay or
compensatory time at the rate of time and one-half, at the employee's choice, as provided in
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Section 13.2),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 rate of time and one-half, at the employee's choice, as provided in Section 13.2),
scheduled days off include scheduled leave days,provided the employee complies with
current court notification procedures.
For purposes of this Section, court time starts from the Police Department
unless the employee goes directly to court from home in which case the time starts from the
employees arrival at courtAs 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.
13.4 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 mutual agreement between members of
the bargaining unit for their own personal benefit.
13.5 No Pyramiding
The City shall not be required to pay twice for the same hours.
ARTICLE 14-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 on a prorated basis to that of a forty(40) hour 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 15- VACATIONS
15.1 Accrual
Vacations shall accrue as follows:
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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
180-240 months/ 15-20 yrs 13 1/2 hours 162 20.25
Over 240 months/ Over 20 yrs 1 16.0 hours 192 24
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 make arrangements with the Chief to exceed
the maximum accrual specified above.
Accrued vacation shall be credited as earned vacation for each month of
service. Part-time employees shall be credited with earned vacation on a prorated basis to that
of a forty(40)hour employee, in accordance with the above schedule. 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)months of continuous service.
15.2 Scheduling
Vacation periods shall be scheduled at the mutual agreement of the City and
the individual employee. Between April 1st 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.
15.3 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.
15.4 Bonus
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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 16-INSURANCE BENEFITS
16.1 Health, Dental and Vision Insurance
The City agrees to provide League of Oregon Cities'Blue Cross Plan V-C-PPP
medical insurance ($300 individual, $900 family deductible)including the preventative care
option and alternative care option, dental insurance and vision insurance or substantially
equivalent coverage for each employee and all enrolled dependents including domestic
partners. The City will pay ninety percent(90%) of the premium cost and the employee shall
pay ten percent (10%) of the premium cost.
Employees will have an option of electing Kaiser medical, vision and
prescription coverage in lieu of coverage under Blue Cross Plan V-C-PPP and VSP Vision.
For employees electing either of these plans the City will pay up to ninety percent (90%) of
the Blue Cross coverage provided above and the employee will be responsible for any
additional cost.
Either party may reopen this section for the 2008-09 fiscal year. In the event
either party reopens, the parties will commence negotiations no later than January 5, 2008.
16.2 Life and Disability Insurance
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. The City agrees to make optional
voluntary life insurance available for employee purchase subject to the limits available to the
City.
16.3 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 Manager, Chief
of Police, Human Resources Director, and the named employee.
16.4 Retirement
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The City shall continue to participate in the Public Employees Retirement
System for sworn officers employed by the City prior to August 28, 2003, and who are
eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to
section 2 of chapter 733 Oregon, Laws 2003. The City shall participate in the Oregon Public
Service Retirement Plan for sworn officers employed by the City on or after August 28, 2003,
who are not eligible to receive benefits under ORS chapter 238 for service with the City
pursuant to section 2 of chapter 733, Oregon Laws 2003.
On behalf of employees in the Public Employees Retirement System, the City
will continue to "pick up" the employee contribution as the law requires. The parties
acknowledge that various challenges have been filed that contest the lawfulness, including the
constitutionality, of various aspects of PERS reform legislation enacted by the 2003
Legislative Assembly, including chapters 67 (HB 2003) and 68 (HB 2004) of Oregon Laws
2003. Nothing in this agreement shall constitute a waiver of any party's rights, claims or
defenses with respect to the PERS litigation.
On behalf of employees in the Oregon Public Service Retirement Plan, the City
will pay an amount equal to six percent(6%) of the employee's monthly salary, not to be
deducted from the salary, as the employee's contribution to the employee's account when the
employee becomes a member of the Individual Account Program established by section 29 of
chapter 733, Oregon Laws 2003. The employee's contributions paid by the City shall not be
considered to be "salary"under section 1(16)(c) of chapter 733, Oregon Laws 2003, for the
purposes of computing a member's "final average salary" under section 10 of chapter 733,
Oregon Laws 2003, or "salary" for the purposes of determining the amount of employee
contributions required to be contributed pursuant to section 32 of chapter 733, Oregon Laws
2003.
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. Effective 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%.
16.5 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.
16.6 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.
16.7 Flexible Spending Account
The City will make available the IRS Section 125 flexible spending account for
pre-tax group premiums, dependent care and other approved medical reimbursement
purposes.
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ARTICLE 17 - SICK LEAVE
17.1 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 17.6.
Sick leave is also intended to provide employees with the assurance of pay in order that they
may be away from the job to avoid exposing others to illness.
17.2 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 maybe accrued without a limit, except as provided for
conversion to retirement.
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17.3 Part-time Employees
Sick leave benefits for part-time employees shall be granted on a prorated basis
to that of a forty(40)hour employee.
17.4 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
ten(10) hours 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.
17.5 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 employee'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 required by the supervisor and shall be paid for by the
City when so required in the event the employee's health insurance does not cover the cost.
17.6 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 employee's household. Variances to
this policy are to be approved by the Chief of Police prior to authorization of sick leave.
17.7 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.
17.8 Retirement or Death
(a) Sworn employees covered by PERS shall have 50% of their unused 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
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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.
17.9 Vacation Bonus
An employee shall receive one extra vacation day for each twelve (12)
consecutive months of non-use of sick leave from his/her most recent sick leave day. It shall
be the responsibility of each employee to notify the department of his/her qualifications.
17.10 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.)
17.11 Family Medical Leave
The City agrees to abide by the applicable provisions of state or federal law
regarding family medical leave.
17.12 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 18 - LEAVE OF ABSENCE WITH PAY
18.1 Compassionate Leave
In the event of a death in the employee's family or of an individual of
significant personal relationship to the employee, employees will be granted three (3) days off
except in the case of extended travel that requires at least 200 miles travel each way, in which
case employees will be granted an entire work week. For the purpose of this Article, an
employee's family shall mean: spouse,parent, children, step-children, step-parent,brother,
brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, grandparents, grandchildren
and any other person who is a dependent of the employee. If additional time is required, the
employee may utilize other accrued leave.
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18.2 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.
18.3 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 be 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 training 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.
18.4 Jury Duty
(a) Employees shall be granted leave with pay for service upon a jury provided that the
day to be served on fury 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 employee'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 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.
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(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 19 -LEAVE WITHOUT PAY
The City will consider a written application for leave of absence without pay,
not to exceed one year, if the City finds there is reasonable justification to grant such leave
and that the work of a department will not be jeopardized 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
may be denied if it is 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 maybe granted without
jeopardizing the operation of the department.
ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 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;
b) provision of the contract violated;
C) remedy sought.
The supervisor shall respond to the grievance in writing within seven(7) days,
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, or his/her designee,may meet with the aggrieved
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party, who may request an Association representative at the hearing. The Chief, or his/her
designee, shall respond to the grievance in writing within fourteen(14) 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 Manager, or his/her designee, 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 Manager, or his/her designee,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 eleven (11) Oregon/Washington arbitrators shall be requested from the
Employment Relations Board who are members of the American Arbitration Association
(AAA). If the parties cannot mutually agree to an arbitrator, they will by lot alternately strike
one (1) name from the list until only one (1) is left. The one remaining shall be the arbitrator.
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.
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.
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.
20.2 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 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 be terminated at any time upon
receipt of a signed statement from the Association or the employee that the matter has been
resolved.
ARTICLE 21 -MILEAGE AND PER DIEM ALLOWANCE
21.1 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.
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21.2 Expenses
An employee traveling on authorized City business shall receive,in addition to
his/her transportation and lodging expenses, a per diem allowance of$30.00 per 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 Manager that the per diem allowance was insufficient to cover reasonable actual costs,
the per diem amount shall be adjusted accordingly by the CityManager. Employees
anticipating the need for per diem compensation shall so advise the City Manager in advance
of travel on forms provided by the City and receive advance authorization therefor.
ARTICLE 22- CLOTHING AND UNIFORM
22.1 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; however, the City shall be responsible for replacement
of body armor and OC spray in accordance with the manufacturer's recommendations..
22.2 Clothing Allowance
The City will provide a clothing allowance for employees while assigned to
plain clothes duty at the rate of$50.00 per month. The provisions of this section shall apply
to reimbursable expenses incurred in the fiscal year for reimbursement 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.
22.3 Property Reimbursement
The City shall reimburse employees for personal property reasonably and
necessarily worn or carried when such property is stolen, damaged, or destroyed 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.
22.4 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.
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22.5 Equipment Allowance
The City will provide an allowance for personnel to purchase department-
required and approved clothing or equipment. The equipment allowance will be in the
amount of one hundred dollars ($100.00)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 employees for
the costs of equipment necessary for the performance of their job, including articles of
clothing and footwear.
ARTICLE 23 - SENIORITY
23.1 Definition
Only regular full-time employees shall have seniority. Seniority shall be
achieved following the completion of the probationary period as defined in Section 26.1 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.
23.2 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 24;
(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;
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.
23.3 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 15.2.
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23.4 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 24 - 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 classification 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 25 - SHIFT AND DAYS OFF BIDDING
25.1 Rotation
All shifts shall be rotated each six (6)months on the first Sunday of the first
full pay period in January and July of each year.
25.2 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 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:
(a) Unless written permission is granted by the Chief or a designee,no employee
shall be eligible to remain on the same shift more than 18 consecutive months.
An exception will exist for Records Specialists, who will not be required to
rotate off shift unless the need arises to institute a graveyard shift, in which
case the Association will have an opportunity to meet and confer regarding the
reversion back to an 18 month rotation.
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(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 grievable but employees shall receive at least 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.
25.3 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 than 80
hours in a 14 day period or work more than five (5) consecutive days.
25.4 Adjustment of Schedules at Rotation
During the week before and week of the shift rotation, the City may adjust
schedules for the purpose of transitioning to the new shift, to prevent an employee from
working more than five (5) days in a row.
ARTICLE 26- PROBATIONARY PERIOD
26.1 Definitions
(a) For Police Officers 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 Police Officers with at least 24 months satisfactory experience with a state,
county, or municipal law enforcement agency, the probationary period shall 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.
26.2 Non-Sworn Promotional Probation
All non-sworn 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.
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ARTICLE 27- DISCIPLINE AND DISCHARGE
27.1 Definition
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 just cause.
27.2 Process
If the City has reason to discipline 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.
27.3 Association Representation
In the event 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 "Internal Investigation Procedures"
attached hereto as Addendum D and incorporated herein.
ARTICLE 28 - 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 files unless he/she
has been allowed to read such material.
Any employee upon his/her request shall have access to his/her personnel files
and shall have the right of reproduction of his personnel files in full or in part. No portion of
an employee's files shall be transmitted without the explicit consent and request of the
employee, other than to those authorized within the Tigard Police Department, the City
Manager or his/her staff, or a court of competent jurisdiction. The official personnel file shall
be maintained in the Human Resources Department.
ARTICLE 29 -WAGES
29.1 Salary Schedules
Effective July 1, 2006, increase wages across the board by the amount of the
increase in the CPI-W, West Index (annual average) minimum 2.5 percent, maximum 5
percent.
Effective July 1, 2007, increase wages across the board by the amount of the
increase in the CPI-W, West Index (annual average)minimum 2.5 percent,maximum 5
percent.
Either party may reopen this Section for the purposes of negotiating on a wage
increase for fiscal year 2008-09. In the event one of the parties opens for negotiations,the
parties will commence negotiations on or before January 5, 2008.
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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.
29.2 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 first 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 Manager 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.
29.3 Promotions
Upon promotion,employees 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.
29.4 Demotion
Unless a lesser sanction is provided by the City Manager, 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.
29.5 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.
29.6 Pay Periods
The City shall pay employees once every two weeks.
ARTICLE 30 -INCENTIVE PAY
30.1 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 date of written
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notice to the City of a degree or equivalent hours. Members of the 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% 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.
30.2 Longevity
Longevity merit incentive shall be paid in accordance with the following
schedule only to those employees with five (5) or more years of service with the City on or
before ratification of this Agreement, who elect to be grandfathered into the longevity
premium program in lieu of eligibility for advancement to a sixth (6th) step at five percent
(5%) above Step 5. The one-time election must be made by an eligible employee during the
window period established by the City following ratification of this Agreement:
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
Employees with less than five (5) years of service with the City on or before
ratification of this Agreement, will not be eligible for longevity under this section, but will be
eligible for advancement to Step 6 consistent with Article 29, Section 29.2 governing schedule
movement.
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).
30.3 Special Assignment Pay
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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 3-5%
Narcotics 3-5%
TNT 3-5%
SRO 3-5%
Gang Enforcment2 2.5%
Transit Police (PPB)3 2.5%
Except in the case of Motorcycle and K-9 assignments, employees will receive
3% for the first year in any assignment and will be eligible for an increase to 5% after serving
in the assignment for one year.
30.4 Bilingual Incentive
I Canine Handler and Motor Cycle Officer activities shall be conducted on-
duty. Acceptance of the assignment is based upon willingness to care for the animal or the
motorcycle off-duty. Employees who serve as Canine Handlers or Motorcycle Officers shall
receive a pay differential of five percent(5%) of their base salary while serving in that
capacity, and shall not receive overtime wages for off-duty care of the animal or motorcycle.
The parties intend to compensate for any off-duty care, cleaning, fueling, feeding or grooming
at the overtime rate computed based upon the FLSA or Oregon minimum wage(whichever is
greater). The five percent(5%) differential compensates for approximately 45 minutes per
day. The parties agree that not more than 45 minutes per day is required for off-duty care of
the motorcycle or animal. This agreement is based in part upon the Letter Ruling of
September 25, 1985, of the Deputy Administrator, Wage and Hour Division,United States
Department of Labor. The parties agree that commuting to work with the motorcycle or the
dog does not constitute "hours of work" solely because of being on the bike or because the
dog is in the vehicle. Motorcycle Officers and Canine Handlers shall not be entitled to a call
back premium when duty concerns maintenance of the motorcycle or emergency care of their
animal. Such time shall be treated as overtime.
2 The Gang Enforcement Officer special assignment pay is in recognition and k
consideration of the more directed patrol mission, the greater likelihood of becoming involved
in more complex investigations and the need to address mission schedule flexibility. The
Gang Enforcement Officer Position has a regular work schedule as defined in Section 12.2(a)
and (b). It is agreed that the hours worked by the Gang Enforcement Officer may be flexed.
3 The Transit Police Division special assignment pay is in recognition and
consideration of the more directed patrol mission,the greater likelihood of becoming involved
in more complex investigations and the need to address mission schedule flexibility and the
prerequisites of the IGA(Intergovernmental Agreement)between TriMet and the City of
Tigard. The Transit Police Position has a regular work schedule as defined in article 12.2(a)
and (b). It is agreed that the hours worked by the Transit Police Officer may be flexed. When
a Transit Police Officer's shift assignment is changed with the Transit Police unit,this shift
change shall be completed pursuant to Sections 25.3 (Overtime Waiver) and 25.4 (Adjustment
of Schedule at Rotation) of the contract.
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An employee shall be eligible to receive a$50/month Spanish language
premium if they provide the City with proof on an annual basis that they meet standards
acceptable to the City.
30.5 Standby
Any employee required to be on standby will be compensated one dollar
($1.00) for every hour so acting.
30.6 Acting 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.
30.7 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, for each day or part of a day for the duration of their
acting assignment.
30.8 Higher Classification
Employees assigned to work in a higher classification, other than what is
described in Sections 30.6 & 30.7 of this Article, shall be entitled to a five percent (5%)
premium for all time so assigned.
ARTICLE 31 - 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 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. The parties agree that the labor
agreement will not serve to restrict the City's obligation to comply with the federal and state
law concerning its duty to accommodate individuals with disabilities.
ARTICLE 32 - TERMINATION
This contract shall be effective as of the date of its signing by both parties oras
otherwise specified herein and shall remain in full force and effect until June 30, 2009.
The parties agree to commence negotiations on or before January 5, 2009, for a
successor Agreement. This contract shall remain in full force and effect during the period of
negotiations.
City of Tigard and TPOA-Expiration Date: June 30,2009
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The parties agree to administer this contract and negotiate for a successor
agreement in accordance with ORS 243.650, et. seq., the Oregon Public Employee Collective
Bargaining Law.
Signed this day of , 2006.
CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS'
ASSOCIATION
City Manager TPOA President
Date: Date:
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ADDENDUM A
CITY OF TIGARD OREGON
TFOA GROUF SALARY SCHEDULE
7/1/06-7/1/07
Range Classification title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
450 Police Records Specialist Monthly 2,719 2,857 3,000 3,150 3,305 3,471
Detective Secretary Hourly 15.69 16.48 17.31 18.17 19.07 20.03
Annually 32,628 34,284 36,000 37,800 39,660 41,652
454 Property/Evidence Clerk Monthly 3,010 3,160 3,319 3,486 3,661 3,843
Senior Records Specialist Hourly 17.37 18.23 19.15 20.11 21.12 22.17
Community Service Annually 36,120 37,920 39,828 41,832 43,932 46,116
Officer
350 Police Officer Monthly 3,761 3,859 4,061 4,272 4,500 42724
Hourly 21.70 22.26 23.43 24.65 25.96 27.25
Annually 451132 46,308 48,732 51,264 54,000 56,688
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City of Tigard and TPOA-Expiration Date: June 30,2009
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ADDENDUM B
Any request for information by the Tigard Police Officers Association shall be
addressed to the City's Human Resources Director in writing.
The request shall state specifically the information being sought and a
statement as to why the Association believes it is entitled to such information.
The City shall within thirty(30) days either provide the information requested
or object to providing the information. Objections shall be in writing addressed to the
Association President and shall state specifically either why the City believes it is not
obligated to provide the information or what additional information the City believes it needs
to assess whether it should provide the information. Failure to object to the request within
thirty(30) days constitutes a waiver by the City of its right to claim it is not obligated to
provide the information.
The Association has fifteen (15) days from the date of any objection to provide
further clarification or restate its request. Failure of the Association to respond within fifteen
(15)days constitutes a waiver of its right to claim it is entitled to the information.
The City has fifteen(15) days from the date of any clarification or restatement
of the request to provide the information. If the City fails to provide the information at the
end of this period, the Association may seek recourse with the Employment Relations Board.
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ADDENDUM C
For purposes of determining whether training is mandatory for purposes of
Article 18, Section 18.3(b), the following guidelines will apply:
Training necessary to certify an employee to perform their specific job duties
and functions,keep an employee certified to perform their job duties and functions, or
required of an employee by the Department to perform their job duties and functions shall be
considered assigned mandatory training.
The following are examples regarding the interpretation of this language:
An employee wants to go to a school to be certified but is not assigned by the
Department and the training is not required for their current assignment, not mandatory.
An employee is assigned as a firearms training officer and needs to get
certified as a firearms instructor before he/she can fulfill their job duties and functions as an
instructor, mandatory.
A motor officer goes to training and is certified. He/she requests to go to the
Annual Motor Training Conference as mandatory training,not mandatory.
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ADDENDUM D
DISCIPLINARY INVESTIGATION PROCEDURES
A. Advance Notice.
Prior to any disciplinary 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. If the employee is advised in writing that the interview will not be used against
him or her for disciplinary purposes, then the 24 hour notice will not be required. 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 reasonably inform him/her of the
nature of the investigation. The employee shall be notified of the right to and afforded an
opportunity and facilities, subject only to scheduling limitation, to contact and consult
privately with an attorney and/or a representative of the Association, and to have that
representative and/or attorney present at any interview.
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 conducted in a manner
devoid of intimidation or coercion. The employee shall be granted reasonable rest periods,
with one (1) intermission every hour if so requested. Interviews exceeding two (2) hours shall
he continued only by mutual consent.
5. If the interview is recorded,the employee shall be provided with a 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.
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C. Investigation Findings:
1. When the investigation results in sustained charges of violation of
department policy, the employee and the Association, upon request, shall be given a copy of
the investigation,including all material facts of the matter. If available, such information will
be provided in an electronic format(i.e. PDF or other protected format).
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 file and made available for his/her
inspection.
3. An employee may protest any suspension or discharge through the
regular contract grievance procedure.
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ADDENDUM E
SWORN PERSONNEL
INTERMEDIATE CERTIFICATION
Minimum 8 yrs 7 yrs 6 yrs 5 yrs. 4 yrs 3 yrs 2 yrs
Years of
Experience
Minimum 15 23 30 38 45 BPST BPST
Training (300 (460 hrs.) (600 hrs.) 760 hrs.) 900 hrs.) Basic Basic
Points, hrs.) Course Course
Including
BPST Basic
Course
(Equivalent
hours in
parentheses)
Minimum 15 23 30 38 45 Assoc. Bach.
Education Degree Degree
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 30 35 40 45 60 Assoc. Bach. Mast.
Education Degree Degree Degree
Points
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ADDENDUM F
SIDE LETTER
Effective with the pay period commencing March 30, 1997, 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.
Effective January 1, 2002,this provision will no longer be in effect and the
City will begin paying the employee six percent (6%)pickup in lieu of a wage increase on
July 1, 2001, in accord with Article 17, Section 6 and Article 30, Section 1.
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Memorandum of Understanding
The parties agree that the Chief reserves the right to reinstate an 18 month
rotation for records clerk if he identifies an operational issue with remaining on fixed shifts.
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