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City Council Packet - 11/01/2011 City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: November 1, 2011 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA City of Tigard Tigard Special Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: November 1, 2011 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd.. Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS I92.660(2)(d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1. SPECIAL MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CONSIDER THE TIGARD POLICE OFFICER'S ASSOCIATION (TPOA) AGREEMENT FOR FISCAL YEAR 2011 -2014 AND AUTHORIZE INTERIM CITY MANAGER TO SIGN 3. COUNCIL LIAISON REPORTS 4. NON AGENDA ITEMS 5. ADJOURNMENT AIS -707 Item #: 2. Special Meeting Date: 11/01/2011 Length (in minutes): 5 Minutes Agenda Title: Consider the Tigard Police Officer's Association (TPOA) Agreement for FY 11 -14 and Authorize Interim City Manager to Sign Prepared For: Sandy Zodrow Submitted By: Sandy Zodrow City Management Item Type: Motion Requested Meeting Type: Special Meeting ISSUE Should the council approve a new collective bargaining agreement between the City of Tigard and the TPOA and authorize the interim city manager to sign the agreement. STAFF RECOMMENDATION / ACTION REQUEST Adopt the new collective bargaining agreement with TPOA and the City of Tigard and authorize the interim city manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY After several months of bargaining, the Tigard Police Officer's Association (TPOA) and the City of Tigard reached an agreement over a new collective bargaining agreement in mediation held October 17, 2011. The City Council was briefed on the specifics of this tentative agreement in its November 1, 2011, Executive Session. A summary of the major economic highlights of the new agreement include: 1) A three -year contract with a 1.4 percent increase effective November 1, 2011, and a CPI increase effective July 1, 2012 of a minimum of 0 percent and a maximum of 4 percent; re- opener in third year 2) Change in health insurance plan from Blue Cross V -C to Blue Cross V -E effective January 1, 2012 3) Start of a VEBA on December 1, 2011 at $75 per month with one -time contribution of $400 on December 1, 2011 4) Option to receive incentives for participating in ORPAT fitness tests two times per year 5) Increase in detective and commercial crimes unit assignment pays 6) Take home cars for detectives This agreement has been ratified by the Association. It is now before the City Council to consider ratification of the agreement for the City. OTHER ALTERNATIVES Not applicable. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Not applicable. DATES OF PREVIOUS COUNCIL CONSIDERATION The City Council has not previously considered this action. Fiscal Impact Fiscal Information: The Police Department's budget was established prior to settling the contract and the costs were not known at budget adoption. However, a settlement of this contract was anticipated and there is sufficient General Fund Contingency in the Adopted FY 11 -12 Budget. The additional costs of the COLA and other provisions in the contract is approximately $160,000 which will be transferred to the Police Department from the General Fund Contingency in the second quarter supplemental. Future budgets under this contract will be built with the contract costs incorporated as appropriate. Attachments TPOA Recommended Tentative Agreement AgendaQuick©2005 - 2011 Destiny Software Inc., All Rights Reserved COLLECTIVE BARGAINING AGREEMENT BETWEEN TIGARD POLICE OFFICERS' ASSOCIATION AND THE CITY OF TIGARD Recommended Tentative Agreement October 17, 2011 Expires: June 30, 20141E 1762/77 00199345 v 1 TABLE OF CONTENTS PREAMBLE 1 ARTICLE 1 - RECOGNITION 1 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 3 ARTICLE 8 - GENERAL AND SPECIAL ORDERS 4 ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT 4 ARTICLE 10- BULLETIN BOARD 54 ARTICLE 11 - OUTSIDE EMPLOYMENT 54 ARTICLE 12 - HOURS OF WORK 63 ARTICLE 13 - OVERTIME AND PREMIUM PAY 86 ARTICLE 14 - HOLIDAY COMPENSATION 108 ARTICLE 15 - VACATIONS 108 ARTICLE 16 - INSURANCE BENEFITS 129 ARTICLE 17 - SICK LEAVE 1 514 ARTICLE 18 - LEAVE OF ABSENCE WITH PAY 1713 ARTICLE 19 - LEAVE WITHOUT PAY 1913 ARTICLE 20 - GRIEVANCE PROCEDURE 1913 ARTICLE 21 - MILEAGE AND PER DIEM ALLOWANCE 2046 ARTICLE 22 - CLOTHING AND UNIFORM 2117 ARTICLE 23 - SENIORITY 221-8 ARTICLE 24 - LAYOFF AND RECALL 234-8 ARTICLE 25 - SHIFT AND DAYS OFF BIDDING 2319 ARTICLE 26 - PROBATIONARY PERIOD 2420 ARTICLE 27 - DISCIPLINE AND DISCHARGE 2420 ARTICLE 28 - PERSONNEL FILE 2520 ARTICLE 29 - WAGES 2521 ARTICLE 30 - INCENTIVE PAY 2622 ARTICLE 31 - SAVINGS CLAUSE 2923 ARTICLE 32 - TERMINATION 2925 ADDENDUM A - CITY OF TIGARD, OREGON TPOA GROUP SALARY SCHEDULE 3126 ADDENDUM B - DISCIPLINARY INVESTIGATION PROCEDURES 3227 ADDENDUM C - SWORN PERSONNEL INTERMEDIATE CERTIFICATION 3529 City of Tigard and TPOA - Expiration Date: June 30, 2014204 -1- 1 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. Tentative Agreement, June 17, 2011 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. Tentative Agreement, June 17, 2011 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. City of Tigard and TPOA - Expiration Date: June 30, 2014 1 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. Tentative Agreement, June 17, 2011 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 1st 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. 3.4 Indemnification I City of Tigard and TPOA - Expiration Date: June 30. 2#44 2 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. Tentative Agreement, June 17, 2011 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, sexual orientation, labor organization affiliation, I or political affiliation. Tentative Agreement, June 17, 2011 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 job descriptions; determine work schedules, to establish performance standards, and assign work; I and any other rights except as provided in Article 2 of this Agreement. Tentative Agreement, June 17, 2011 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 I discharge. Tentative Agreement, June 17, 2011 ARTICLE 7 - ASSOCIATION BUSINESS City of Tigard and TPOA - Expiration Date: June 30, 3044 3 7.1 Association Business Up to four (4) 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 three (3) 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. Tentative Agreement, June 17, 2011 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. Tentative Agreement. June 17. 2011 ARTICLE 9 - DEPARTMENT MANUAL AND CONTRACT The City agrees to furnish each employee of the bargaining unit with an electronic copy of the Department Manual and a copy of this contract as provided by the Association for distribution. Tentative Agreement, June 17, 2011 C it) of Tigard and TPOA - Expiration Date: June 30, 2044 4 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. Tentative Agreement, June 17, 2011 ARTICLE 11- OUTSIDE EMPLOYMENT Employees wishing to engage in off -duty employment with another employer must obtain approval from the Chief. Tentative Agreement, June 17, 2011 City of Tigard and TPOA - Expiration Date: June 30, 2,014 5 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 parties agree that all Detective and Commercial Crimes Unit assignments shall be on a flexible work schedule. The determination of any additionalthese 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. Detectives and CCU shall not be removed from the on -call roster just because they have reached 40 hours worked in the workweek. (e) A variablefle ible 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 I 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. City of Tigard and TPOA - Expiration Date: June 30, ao44 6 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. Employees who do not receive eight (8) consecutive hours off either before or after a court appearance will receive sufficient administrative hours off with pay to equal eight (8) hours off. Employees working the graveyard shift who appear in court on the day before the start of the first day of their consecutive work days shall receive sufficient administrative hours off with pay to equal eight (8) consecutive hours off after their court appearance. Employees assigned to any Detective assignment (including Narcotics and Metro Gang Enforcement )Naceeties-Enfereemeftt shall not be subject to Section 12.7. City of Tigard and TPOA - Expiradon Date: June 30, 2,014 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 representatives 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 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 rate of time and one -half, at the employee's choice, as provided in 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. I City of Tigard and TPOA - Expiration Date: June 30, 2014 8 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 employee's arrival at court. 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. The parties agree that employees working in Detective and CCU assignments shall be eligible for call -back pay under the foregoing provisions, despite the fact that such employees are on a flexible work schedule in accordance with Section 12.2(d), above. For Detectives and CCU, the end of their "regular shift" shall be the time they left work on a particular day. The start of their "regular shift" shall be the time they were scheduled to come in on a particular day. 13.4 Shift Differential Any member of the bargaining unit who has been employed at least one (1) yearsk-(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. A person who has been employed at least six months but less than one year shall be entitled to shift differential if adjusted for purposes other than training. 13.5 Phone Calls While Off Duty If an employee receives a phone call from a supervisor while off duty that is related to his/her work for the City, the employee shall be paid for the actual time spent on the phone, provided the phone call lasts seven - and -a -half (7 %s) minutes or longer. Such calls that last less than seven- and -a -half (7' /z) minutes shall be considered de minimus and will not be compensated. 13.6 No Pyramiding The City shall not be required to pay twice for the same hours. Cit of Tigard and TPOA - Expiration Date: June 30, 2014 9 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. Tentative Agreement, June 17, 2011 ARTICLE 15 - VACATIONS 15.1 Accrual Vacations shall accrue as follows: Years of Continuous Monthly Annual Hours Equivalent Accrual Service Accrued 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 months/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 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 I City of Tigard and TPOA - Expiration Date: June 30, 3044 10 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. Within fifteen (15) days after the completion of each shift bid, the City shall post a vacation bid sheet for two weeks. The most senior employee within each classification shall be afforded the first selection of vacation for the upcoming six -month shift bid period, followed by the next most senior employee within each classification, and so on. Each employee shall be allowed to select one continuous vacation period (vacation/holiday and comp time included) from the portions of the shift bid period in which vacation is available. A bid vacation will not be denied solely because it overlaps another bid vacation so long as the overlap does not exceed two days. 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 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. I City of Tigard and TPOA - Expiration Date: June 30, 2011 11 ARTICLE 16 - INSURANCE BENEFITS 16.1 Health, Dental and Vision Insurance Effective January 1, 2012, Tthe City agrees to provide League of Oregon Cities' Blue Cross Plan V-GE -PPP medical insurance ($3500 individual, $91500 family deductible) including the preventative care option and alternative care option, dental insurance through ODS 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 alternative medical, vision and prescription coverage plans offered by the City, at least one of which will be through Kaiser, :: , - • • - . - • - in lieu of coverage under Blue Cross Plan V -GE -PPP and VSP Vision. For employees electing any of the alternative planseither--ef-these-plus 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. 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 and Incentive Program 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. Recognizing that physical fitness is beneficial to the health and wellbeing of Employees, in addition to lowering the potential costs of healthcare and work related injuries, a physical fitness incentive program will be established beginning upon ratification. ORPAT INCENTIVE Employees will be provided the opportunity to participate in the DPSST certified ORPAT course twice per fiscal year. Scheduling of this testing shall be determined by the Chief of Police and will allow for make -up tests and re -tests as described herein. I City ■ of Tigard and TPOA - Expiration Date: June 30, 2014 12 Recognizing that participation in this incentive program is purely voluntary, all ORPAT testing will be done off duty and without compensation. The City will provide the location and all testing equipment, including a certified ORPAT instructor to facilitate the testing. Prior to participating in the fitness incentive, employees will be required to sign a waiver indicating they understand the physical challenges of ORPAT and the risks of participating. If at any time, in the opinion of the ORPAT instructor or on scene supervisor, the employee appears to be in physical distress, the testing will be stopped. Those Employees who successfully complete the ORPAT course in a time that is considered passing on their first attempt will receive an incentive bonus of two hundred and fifty dollars ($250.00). An employee may take the ORPAT twice /year, with a maximum incentive of $500 /fiscal year. The parties recognize that the City will reflect any and all amounts paid as allowances, bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. For purposes of this agreement, the minimum standard for passing will be the time established as passing by DPSST for an Entry Level Police Officer. If an Employee fails to pass the ORPAT, that Employee may request a re -test within (1) month after their first attempt. At the discretion of the Chief of Police, the Employee may be allowed to retake the ORPAT at a mutual agreed date, within (2) months after the Employee's request. If an Employee passes the ORPAT on their re -test they will receive an incentive bonus of one hundred and fifty dollars ($150). The parties recognize that the City will reflect any and all amounts paid as allowances, bonuses, and/or incentives as subject to the IRS and Oregon payroll tax deduction. If an Employee is unable to participate in the scheduled ORPAT test due to vacation, court, bona -fide illness or injury or other reasonable conflict, the Employee may request a make -up test without penalty so long as the make -up test is completed and passed within a mutually agreed time frame between the Employee and the Chief of Police. Reasonable efforts shall be taken to complete the make -up test within (3) months of the originally missed scheduled test. Employees who choose not to participate, or who seek this incentive, but do not meet the minimum ORPAT passing standard as defined -in this agreement, will not be negatively impacted. 16.4 Retirement The City shall continue to participate in the Public Employees Retirement System I City of Tigard and TPOA - Expiration Date: June 30, 2u-I4 13 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 401(a) retirement program after six (6) months of continuous service with the City. �• ••� o .. . e . ■ I S I 0 ■ and effective July 1, 1997, tThe City's contribution will be 10% of the employee's base salary. 16.5 Liability •{ Formatted: Font: Times New Roman 1 The City shall continue liability protections required by ORS 30.260 through 30.300 (Oregon Tort Claims Act : 1. - :.: : = : • ... _ .: . ..- : a . . 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 I pre -tax group premiums, dependent care and other approved medical reimbursement purposes. 16.8 Reopener Either party may reopen this Article for the purposes of negotiating potential I City of Tigard and TPOA - Expiration Date: June 30, 2014 14 changes in insurance benefits for fiscal year 20130 -144-. In the event one of the parties opens for negotiations, the parties will commence negotiations on or before April 1, 20130. 16.9 VEBA f - - -{ Formatted: Indent: Hanging: 0.08" To help offset the cost of premium contributions or other health insurance expenses elected by the employee, the City will contribute $900 annually ($75 per month) to a VEBA account on behalf of each bargaining unit member, starting December 1, 2011. 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 may be accrued without a limit, except as provided for conversion to retirement. 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. I City of Tigard and TPOA - Expiration Date: June 30, 3944 15 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 payment of: - : •- ; . - - : - :. = - - -- - - - - - • ; : - -: • . _ - - . - : regular net salary. Formatted: Font Times New Roman, Not J'avment of Workers' Compensation time -loss benefits will be received directly Highlight by the City. ShouldWhenever an employee receives a check for Workers' Compensation time - loss benefits, he /she shall endorse the check and give its to the Finance Director for deposit kyefthe City '- - • • - . .. . - - ... -- . .. _ -- . 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 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 eight extra vacation hours 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 I, 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. I City of Tigard and TPOA - Expiration Date: June 30, J044 16 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. 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 registiation 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. 4. For purposes of determining whether training is mandatory, 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 I City of Tigard and TPOA - Expiration Date: June 30, 3014 17 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. (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 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 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. (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. City of Tigard and TPOA - Expiration Date: June 30, 1044 18 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 fmds 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 may be granted without jeopardizing the operation of the department. Tentative Agreement, June 17, 2011 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 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. City of Tigard and TPOA - Expiration Date: June 30, 3014 19 STEP 3: If after fourteen (14)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. Tentative Agreement. June 17. 2011 f _- - - --{ Formatted: Right: -0.01 ", Keep with next 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. 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 I City of Tigard and TPOA - Expiration Date: June 30, 2044 20 diem allowance was insufficient to cover reasonable actual costs, the per diem amount shall be adjusted accordingly by the City Manager. 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 therefore. Tentative Agreement, June 17, 2011 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. For employees hired after July 1, 2009, the City shall provide leatherware and firearm. Such leatherware and firearms shall be determined by the City, however the City agrees to consult with the Association prior to making any final determination. An employee who has been provided with a firearm must carry the City- issued firearm. An employee who has been provided City- issued leatherware may use alternate leatherware, purchased by the employee, as long as such leatherware is on a list of City- approved leatherware. The employee shall make restitution to the City for loss or damage to any City supplied uniform, leatherware or firearm 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, leatherware and firearm 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 two (2) cleanings 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. 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 I City of Tigard and TPOA - Expiration Date: June 30, 2044 21 necessary for the performance of their job, including articles of clothing and footwear. Tentative Agreement, June 17, 2011 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; (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. 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. 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. Tentative Agreement, June 17. 2011 I City of Tigard and TPOA - Expiration Date: June 30, 2044 22 { Formatted: Keep with next 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. Tentative Agreement, June 17, 2011 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. (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 City of Tigard and TPOA - Expiration Date: June 30, 23 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. Tentative Agreement. June 17. 2011 ARTICLE 27 - DISCIPLINE AND DISCHARGE 27.1 Definition Disciplinary action or measures for violations of rules or regulations shall include I only the following: or , 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. The parties agree that oral reprimands are not considered discipline. 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, I City of Tigard and TPOA - Expiration Date: June 30, 2044 24 the affected employee shall have the right to be assisted by an Association representative during such procedures. The parties mutually agree to the "Disciplinary Investigation Procedures" attached hereto as Addendum B 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. Tentative Agreement, June 17, 2011 ARTICLE 29 — WAGES 29.1 Salary Schedules Effective November 1, 2011, increase wages across the board by 3,71_4% (which is the CPI -W, West Index (annual average) for 201008). Effective July 1, 2012, increase wages across the board by an amount equal to the CPI -W, West Index (annual average) for 2011, minimum 0% and maximum 4 %. Either party may reopen this Section for the purposes of negotiating on a wage increase for fiscal year 20130 -144. In the event one of the parties opens for negotiations, the parties will commence negotiations on or before April 1, 20130. 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. At six (6) months of service, the City shall have the discretion to advance an employee more than one (1) step, if the City deems it appropriate based on the employee's prior experience. 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. I City of Tigard and TPOA - Expiration Date: June 30, 2041 25 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 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 DPSST ^ -' m Incentive premiums and education requirements are as follows: Sworn Personnel Premium DPSST Certification Educational Achievement 2.5% - AA/AS or Equivalent Hours 4.25% Intermediate - I City of Tigard and TPOA - Expiration Date: June 30, 2444 26 6.25% Intermediate AA/AS or Equivalent Hours 7.25% Advanced - 8.75% Intermediate BA/BS or Equivalent Hours 8.75% Advanced AA/AS or Equivalent Hours 10% Advanced BA/BS or Equivalent Hours I See DPSST"a� 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 (6 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 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% 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 I City of Tigard and TPOA - Expiration Date: June 30, 2044 27 K -9' 5% Detectives (including Metro Gang and Narcotics) 54- 107.5% Narcotics 4 7.5% TNT 3 -5% SRO 3 -5% Gang Enforcement 2.5% Transit Police (PPB) 2.5% Commercial Crimes Unit 243 -55% Except in the case of Motorcycle and K -9 assignments, employees will receive 1 3% (45% for detectives and narcotics) for the first year in any assignment and will be eligible for an increase to 5% (L0-74% for detectives and narcotics) after serving in the assignment for one year. Employees who have previously served in the assignment for more than one year shall start at the higher percentage. Notwithstanding any other provision of this Section 30.3, no employee may receive more than a total of 10% in special assignment pay (12.5% for Detectives).— HEf€eet e r. . .- ..- �o . 30.4 Bilingual Incentive 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 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. City of Tigard and TPOA - Expiration Date: June 30, 2914 28 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. Employees fluent in Spanish, as determined by an objective standard acceptable to the City and demonstrated annually, shall receive a premium of 2.5% instead of the $50 /month Spanish language premium. The City may determine that other languages qualify for the foregoing bilingual incentives based on a demonstrated need. 30.5 Standby Any employee required to be on standby, whether on a weekend or during the workweek, will be compensated two dollars and twenty -five cents ($2.25) for every hour so acting. Employees on standby must be available by phone, able to respond within one hour of being called, and fit for duty. 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. Formatted: Indent: First line: 0" 30.9 Take -Home Cars for Employees in Detective Assignments The City agrees that it will provide a take -home car for any employee in a Detective assignment. 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 agrce that the labor agreement Tentative Agreement, June 17, 2011 ARTICLE 32 — TERMINATION This contract shall be effective as of the date of its signing by both parties or as I City of Tigard and TPOA - Expiration Date: June 30, 2044 29 otherwise specified herein and shall remain in full force and effect until June 30, 20144. The parties agree to commence negotiations on or before January 5, 2014, 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, et seq., the Oregon Public Employee Collective Bargaining Law. Signed this day of 201109. CITY OF TIGARD, OREGON TIGARD POLICE OFFICERS' ASSOCIATION City Manager TPOA President Date: Date: I City of Tigard and TPOA - Expiration Date: June 30, 2014 30 ADDENDUM A - CITY OF TIGARD, OREGON TPOA GROUP SALARY SCHEDULE Effective January 1, 2010 Monthly Salary Range Range Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 450 Detective Secretary Monthly $3,004 $3,154 $3,312 $3,478 $3,652 $3,835 Police Records Specialist Hourly $17.33 $18.20 $19.11 $20.07 $21.07 $22.13 Annually $36,048 $37,848 $39,744 $41,736 $43,824 $46,020 454 Property Evidence Specialist Monthly $3,316 $3,482 $3,656 $3,839 $4,031 $4,233 Hourly $19.13 $20.09 $21.09 $22.15 $23.26 $24.42 Annually $39,792 $41,784 $43,872 $46,068 $48,372 $50,796 455 Community Service Officer Monthly $3,398 $3,568 $3,746 $3,933 $4,130 $4,337 Hourly $19.60 $20.58 $21.61 $22.69 $23.83 $25.02 Annually $40,776 $42,816 $44,952 $47,196 $49,560 $52,044 350 Police Officer Monthly $4,242 $4,454 $4,677 $4,911 $5,157 $5,415 Hourly $24.47 $25.70 $26.98 $28.33 $29.75 $31.24 Annually $50,904 $53,448 $56,124 $58,932 $61,884 $64,980 City of Tigard and TPOA - Expiration Date: June 30, IOU 31 ADDENDUM B - 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. 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). I City of Tigard and TPOA - Expiration Date: Jane 30, 2014 32 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 therefore, 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. Tentative Agreement, June 17, 2011 { Formatted: Centered City of Tigard and TPOA - Expiration Date: June 30, 2 I t 33 -, -{ Formatted: Font: Bold, Italic, Underline Memorandum of Agreement regarding One -Time VEBA Contribution ~ -{ Formatted: Font: Times New Roman i ,The City agrees that it will make a one -time VEBA contribution on behalf of each regular ,> Formatted: Body Tent Indent, Left, Indent: employee in the bargaining unit in the amount of $400.00. The contribution will be made on First line: 0.5", Right: 0 ", Line spacing: exactly December 1, 2011, and will be made only for active regular employees employed on that date. , Ii pt { Formatted: Font: Times New Roman j 1 City of Tigard and TPOA - Expiration Date: June 30, 2 41# I 34 & 7 yrs 6- Yes 5 yrs. 4- Yes Oyes 2- rs Ycars of Experience Minimum 43 23 30 38 44 DPSST DPSST Training ( (4604 ) ( 7.60-hrs,) 900 -hrs) Basis Besie Point* les.) Course Coarse Including his Course (Equivalent hears is P) Minimum 43 23 38 43 Assoc. Beek: Education Degree Degree Points ADVANCED CERTIFICATION Minimum 42 44 3A 9 8 9 H 4 Y- ears -of Experienee Training 30 33 40 43 40 DPSST DPSST DPSST Points (600 hrs:) (700-brs.) (800 -bra.) (900 -hrs. (1200 hrs.) Basis Basis Basis Including Course Geer-se Course DP Basi Course (Equivalent hours -fin parentheses) Minimum 30 33 40 45 ( Assoc, Baer Mast: Education Degree Degree Degree Points I City of Tigard and TPOA - Expiration Date: June 30, 30-1 4 35 ip, N , . . TIGARD TIGARD CITY COUNCIL EXECUTIVE SESSION AND SPECIAL BUSINESS MEETING 6:30 p.m. on NOVEMBER 1, 2011 Red Rock Creek Conference Room and Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY COUNCIL EXECUTIVE SESSION Held in Red Rock Creek Conference Room -6:30p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660( 4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. NOTICE OF TIGARD CITY COUNCIL SPECIAL BUSINESS MEETING Held in Town Hall immediately following the Executive Session. • Open to the Public Please forward to: g,Sally Ho, The Oregonian (sho @oregonian.com) 'Editor, The Regal Courier (Editor@theregalcourier.com) d Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) d Newsroom, The Times (Fax No. 503- 546 -0724) For further information, please contact City Recorder Cathy Wheatley by calling 503- 718 -2410. /.AN _ .( %C /« Deputy City Reco der Date: October 27. 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library . t , 11 T I GARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the November 1, 2011 Special Meeting STATE OF OREGON) County of Washington) ss. City of T and ) I, of ' , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : L3 ie Newsroom, Tigard Times and the following people /organizations by e -mail: - Sally Ho, The Oregonian (shoaoregonian.com) Editor, The Regal Courier (Editoratheregalcourier.com) L Geoff Pursinger, Tigard Times (gpursingerncommnewspapers.com) A copy of said Notice being hereto attached and`by reference made a part hereof, on the a7 day of 02011. 24 ?A 4 Signature of-Person who Perform - Notification f4 Subscribed and sworn (or affirmed) before me this % day of / - +� -L 2011. Signature of Notary Public for Oregon f� � OFFICIAL SEAL .Ea.. CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON �: t;1 COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 • ** Transmit Confirmation Report ** P.1 Oct 27 2011 08:55am D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 27,08:55am 0'28" 1 * 0 K TIGARD CITY COUNCIL EXECUTIVE SESSION AND SPECIAL BUSINESS MEETING 6:30 p.m. on NOVEMBER 1, 2011 Red Rock Creek Conference Room and Town Hall • 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY COUNCIL EXECUTIVE SESSION Held in Red Rock Creek Conference Room-6:30pam. • Not Open to the Public An Executive Session is called under ORS 192-660 (2) (d) to conduct deliberations with. persons designated by the governing body to carry on labor negotiations. All discussions are confidential and those present rosy disclose nothing from the Session Representatives of the news media ate allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No F =■hive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are cloned to the public. NOTICE OF TIGARD CITY COUNCIL SPECIAL BUSINESS MEETING Held in Town Hall immediately following the Executive Session • Open to the Public Please forward to: o Sally Ho, The Oregonian (sho(a oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) o Geoff Pursingex, Tigard Times (gpursinger@commnewspapers.com) o Newsroom, The Times (Fax No. 503 - 546 -0724) • For further information, please contact City Recorder Cathy Wheatley by calling 503- 718 -2410. Deputy City Rec et Date: October 27. 2011 Post Tigard City Hell Tigard Pemut Center Tigard Public Library Carol Krager From: Carol Krager Sent: Thursday, October 27, 2011 8:56 AM To: sho @oregonian.com; Editor @theregalcourier.com; gpursinger @commnewspapers.com Cc: Webteam; Cathy Wheatley Subject: Notice of Special Tigard City Council Meeting - NOVEMBER 1, 2011 Attachments: 111101 Special Meeting Notice.pdf; Carol Krager.vcf Attached is a notice that Tigard City Council will be meeting in an executive session at 6:30 p.m. on November 1, 2011, followed by a brief business meeting. Please call City Recorder Cathy Wheatley if you have any questions, at 503 -718- 2410. City of Tigard Carol Kreger Deputy City Recorder 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718 -2419 1 11 • • im • mi TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the Special Meeting on November 1, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard n ) I, Cal cr( A Krell e , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon — ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon Li A copy of said Notification of the November 1, 2011 Special Meeting. A copy of said Notice being hereto attached and by reference made a part hereof, on the o7 7 f ay 2 of ( 6 e v , 2011. Signature of Person who Performed A otification Subscribed and sworn (or affirmed) before me this g day of.� c' ••. 2011. Signature of Notary Public for Ore on OFFICIAL SEAL 'm t.. . CATHERINE D WHEATLEY ` " NOTARY PUBLIC - OREGON � COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 111111 el TIGARD TIGARD CITY COUNCIL EXECUTIVE SESSION AND SPECIAL BUSINESS MEETING 6:30 p.m. on NOVEMBER 1, 2011 Red Rock Creek Conference Room and Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY COUNCIL EXECUTIVE SESSION Held in Red Rock Creek Conference Room- 6:30p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. NOTICE OF TIGARD CITY COUNCIL SPECIAL BUSINESS MEETING Held in Town Hall immediately following the Executive Session. • Open to the Public Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) For further information, please contact City Recorder Cathy Wheatley by calling 503 - 718 -2410. Deputy City Reco ter Date: October 27. 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library