HomeMy WebLinkAboutCC-02-02-15-06 Police Union Agreement Expires 2016 SPONSORS: Councilor Seidensticker
RESOLUTION CC-02-02-15-06
(FORMERLY RESOLUTION CC-O1-05-15-02)
AS AMENDED
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA
AMENDING THE CONTRACT WITH CARMEL FRATERNAL ORDER OF POLICE LODGE
185
WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana ("City") has established a
contractual relationship with Carmel Fraternal Order of Police Lodge 185 ("FOP"), pertaining to issues
involving the hours, working conditions and certain other benefits of members of the Carmel Police
Department; and
now wish to revise their contractual relationship; and
WHEREAS, the City and the FOP w p,
WHEREAS, the agreement attached hereto as Exhibit A, (the "Agreement") sets forth the new
contractual relationship between the City and the FOP; and
WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public Works
and Safety, the Common Council desires to accept and adopt the Agreement as an enforceable contract
and obligation of the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel,
Indiana, that:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Common Council hereby encourages the Board of Public Works and Safety to
approve and execute the Agreement at its earliest convenience.
pp g
Section 3. As of the date on which the Agreement is properly executed by the Board of Public
Works and Safety in its present form, the Common Council hereby accepts and adopts the Agreement as
an enforceable contractual obligation of the City.
PASSED by the Common Council of the City of Cannel, Indiana, this o) day of
2015,by a vote of '7 ayes and 0 nays.
•
Resolution CC-01-05-15-02
Page One of Two Pages
VERSION A—Utilities,Transportation and Public Safety Committee 1/26/15
This Resolution was prepared by Ashley Ulbricht, Carmel Assistant City Attorney, on December 22, 2014 at 11:54
a.m. No subsequent revision to this Resolution has been reviewed by Ms. Ulbricht for legal sufficiency or
otherwise.
COMMON COUNCIL FOR THE CITY OF C• ' L
Presidi Of : evin D. Rider
OA. Ur(
Richard L. Sharp, Presi.=nt Pro TTe mpore Carol Schleif/
R•.: d . Carter W. Eric eii ensticker
f
�
4 uci S.•yder
ATTEST:
44.4:60-
Diana L. Cordray, IAMC, Clerk-T,;asurer
C,�
Presented by me to the Mayor of the City of Carmel, Indiana this 3 day of012015, at
11 : 33 Pr .M.
Diana L. Cordray, IAMC, Clerk-Trea;firer
Approved by me, the Mayor of the City of Carmel, Indiana, this day of , 2015,
at I0.'sa-- Fl- .M.
ames Brainard, Mayor
ATTEST:
/0,(,,,\I:Jo 4,
Diana L. Cordray, IAMC, Clerk-Treas er
Resolution CC-01-05-15-02
Page Two of Two Pages
VERSION A—Utilities,Transportation and Public Safety Committee 1/26/15
2
Agreement
Between
City of Carmel
And
Fraternal Order of Police Lodge #185
Effective
January 1, 2015 to December 31, 2016
EXHIBIT A
3
AGREEMENT
Section 1
This Agreement ("Agreement") is entered into by and between the City of Carmel ("City"),
represented by the Mayor of the City ("Mayor"), the City's Board of Public Works and Safety ("Board")
and the City's Common Council ("Common Council"), and the Fraternal Order of Police Lodge #185
("FOP") represented by the Wage and Benefits Committee ("Representative Unit"). This Agreement
shall not be construed as a collective bargaining agreement for purposes of Federal or State labor laws or
(otherwise).
Section 2
The City recognizes the FOP as the exclusive representative agent for all members of the Carmel
Police Department ("Department") with the merit rank of Lieutenant or below for the limited purpose of
meeting and conferring with respect to salaries, wages, and other employee benefits so long as the FOP
maintains the support of a majority of those police officers. Members of the Department holding the
merit rank of Lieutenant or below shall be hereinafter collectively referred to as "employees" and the
group of employees represented by the FOP as their exclusive representative shall be hereinafter
collectively referred to as the "Representative Unit." If the City questions whether the FOP has the
support of the majority of the employees in the Representative Unit, it may review the Clerk-Treasurer's
records and/or certified records provided by the FOP to determine if the FOP maintains the support of a
majority of the Employees in the Department. If the FOP does not maintain the support of a majority of
the sworn members of the Department, the City shall not recognize the FOP as the exclusive
representative of the employees at the end of the calendar year in which such majority support is lost.
Section 3
If any provision of this Agreement is rendered or declared invalid by a court action or legislation,
the remaining portions of this Agreement shall remain in full force and effect.
Section 4
The FOP and the City will begin negotiations, in good faith, on a future agreement before the
termination of this Agreement.
4
Section 5
Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement
shall take effect 12:01 a.m. on January 1, 2015 and remain in effect until 11:59 p.m. on December 31,
2016. The FOP and the City will begin negotiations, in good faith, on a future labor agreement before the
termination of this Agreement. This Agreement shall remain in full force and effect, unless either party
desiring to amend this agreement shall notify the other in writing. Notice of a request for amendment
shall specify the content of any and all proposed amendments. The parties agree to begin good faith
negotiations on a future Agreement no later than June of 2016. If a new Agreement is not executed before
the end of this Agreement, then this Agreement shall remain in effect until a new Agreement is executed
by the parties hereto.
Section 6
The terms of this Agreement are intended to cover only minimums in hours, salaries, wages and
certain other employee benefits. The City may implement or retain in effect superior salaries, wages,
hours and other employee benefits.
Section 7
A. Dues Collection. Upon receipt of a voluntary, written, signed and dated authorization form
from Employees of the Representative Unit who are members of the FOP, the City shall
deduct each month from the earnings of each said Employees an amount representing their
regular, monthly dues for the preceding month and shall remit such monies, together with
the appropriate records, to a designated FOP official. The City shall not be liable to the
FOP for failure to make or errors in deductions for dues. The FOP will indemnify the City
and hold it harmless from any or all claims or liabilities which may arise under this
paragraph.
B. Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient location to
be used by the FOP, for the purpose of posting FOP notices and other FOP materials. The
City reserves the right to remove inappropriate materials provided that the City provides
notice to the FOP and the reason for such removal.
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C. Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose
of conveying FOP announcements to members of the Department after securing the
approval of the Chief or his designee, which approval shall not be unreasonably withheld,
and shall not be denied with undue cause.
Section 8
A. There shall be an FOP Wage and Benefits Committee composed of five (5) members. A
Wage and Benefits Committee Shall be convened prior to the expiration of the current
Agreement. Three (3)members of the Wage and Benefits Committee shall be appointed by
the Executive Board of the FOP and two (2) representatives appointed by the Chief. The
Chief and Mayor, or their representatives, shall meet and confer not less than twice
annually, for the purposes of discussing wage and benefit issues affecting Employees.
Discussions at said meetings shall be limited to the subject matter included in the agenda
submitted by the FOP to the Chief or by the Chief to the FOP at least seven (7) calendar
days prior to the agreed upon meeting date.
B. The City shall grant to the FOP and its members one thousand (1,000) hours total annually
to be used to perform FOP duties such as, but not limited to, FOP conventions,
conferences, and seminars. The FOP member requesting such time shall submit such
request to the FOP President for approval, and then shall submit the appropriate form to
his/her immediate supervisor for Department approval, which approval shall not be
unreasonably withheld subject to the staffing and operations need of the Department as
determined by the Chief. Such approval shall not be denied with undue cause.
Section 9
A. The Chief shall maintain personnel files for all Employees. Employees shall be allowed to
examine the contents of their own personnel file, in the Chief's office, during regular City
business hours and, upon request, may receive copies of the documents contained in their
personnel files.
6
B. Employees may not remove any document from their personnel file, but may challenge, in
writing, any data believed to be inaccurate. The Chief shall direct an investigation of all
such challenges. If there exists any comment adverse to an Employee's interest contained
in his personnel file, the employee may file a written response to same with the Chief.
With approval of the Chief, which approval shall not be unreasonably withheld, this
response shall be attached to said adverse comments. It is understood and agreed that
information retained by the Internal Affairs files shall not be included in an Employee's
personnel file or available for review and/or copying by such employee. Further, once an
employee is scheduled for interrogation by the Department concerning an internal
investigation, he or she will be informed of the nature of the complaint but not the name of
the complainant. The employee, upon request, shall be afforded the opportunity to consult
with legal counsel and/or have legal counsel present prior to any Departmental
interrogation, which consultation or legal representation shall not be allowed to materially
delay the timing of the interrogation. Before any interrogation that has the reasonable
then known, to lead to criminal charges,
potential, based upon the facts and circumstances g ,
the Department shall advise the employee of his or her Garrity rights. The impact of an
Internal Affairs investigation on the integrity of the Department and on employee morale
necessitates a timely resolution to such issues. Therefore, the Cannel Police Department
requires a thirty (30) day limit for completing an Internal Affairs investigation with status
reports due every seven (7) days. There may be exceptions to the thirty-day limit but
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extensions should only be granted for those cases in which extenuating circumstances
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exist. Officers who are subject to investigation by Internal Affairs shall be individually
notified in writing of the disposition of said investigation within thirty (30) days of said
final disposition.
Section 10
The City shall make reasonable provisions for the safety and health of police officers during the
hours of their employment. It shall maintain its equipment and facilities in safe operating condition in
accordance with Federal, State, and local law. The City shall provide, at its expense, the equipment for
special teams, as directed by the Chief.
7
Section 11
Although the parties recognize that it is difficult to compare different pay and work structures as to
ensure exact mathematical equivalencies, the City agrees that, to the extent possible, to ensure that Carmel
Police Officers receive the equivalent compensation in pay and benefits received by all Carmel public
safety employees.
A. Base Salary Increase. In the first year of this Agreement, each employee shall receive a
2% increase in base salary. In the second year of this Agreement, each employee shall
receive a 3% increase in base salary.
B. Shift Differential. Shift Differential for officers whose shifts begin at or after 2:00 PM
shall receive One Dollar($1.00) an hour.
C. FTO Pay. FTO (Field Training Officer) pay for officers shall receive position pay in the
amount of Five Dollars ($5.00) an hour on top of their regular pay. Such additional
compensation shall be paid only to those officers actually functionin in such position,
when training a new officer.
D. Overtime Pay. Overtime compensation for officers shall be in addition to the amounts
specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and
the City of Carmel's most current compensation ordinance as adopted by the Carmel
Common Council.
E. Court Time and Call Out Time. Officers shall receive a minimum of two (2) hours
compensation for court sessions attended during non-working hours and for any time an
Officer is called in off-duty for work related business. Officer's called in for unscheduled
work related business, such as shift coverage, a special team's emergency call out, or any
other non-scheduled mandatory call back, shall be compensated at the pay rate of time and
a half. An Officer may not receive compensation time in lieu of time and a half for these
specific types of mandatory call backs.
8
F. Longevity Pay. Full-time officers shall receive longevity pay at the rate of Two Hundred
for 1-10 and Two Hundred Eighty
Twenty Dollars ($220.00) per year of service o years 0 g y
Dollars ($280.00) per year of service for years 11-25. Longevity shall be capped at 25
years of service or $6,400, in addition to all other forms of compensation. The rate of
longevity pay shall be evaluated each year. Longevity pay terms and conditions shall
conform to the City's current longevity ordinance as adopted by the Carmel Common
Council.
G. Specialty Pay. Officers who meet criteria specified by the Police Department's Rules and
Regulations may qualify for the specialty pay, in addition to all other forms of
compensation:
• Investigator (Patrol/Detective Only) Up to $2,500.00 Per Year
• School Resource Officer Up to$2,500.00 Per Year
• Personnel Specialist/FTO Coordinator Up to $2,500. 00 Per Year
• Firearms Range/Training Coordinator Up to$2,500.00 Per Year
• Special Weapons And Tactics (SWAT) Up to $
1 500.00 Per Year
P P ( ) P
• Patrol Officer) Up to 1 500.00 Per Year
Traffic Division (Motorcycle atro $ ,
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• Accident Investigator Up to $1500.00 Per Year
• Foreign Language Interpreter Up to $2000.00 Per Year
• Field Evidence Technician Up to$1,000.00 Per Year
• Dru g Recognition Up Reco tion Officer U to $1,000.00 Per Year
• MACS Coordinator Up to $1,000.00 Per Year
• Child Safety Seat Technician Up to $1000.00 Per Year
Each Police Department employee shall be entitled to receive only one (1) type of specialty
pay at any given time, with the exception of Forei g n Language Interpreter. The employee
shall receive the highest specialty pay for which he or she is eligible. All specialty pay
shall cease when an employee no longer performs the duties associated with the pay or no
longer meets the qualifications for such pay.
9
H. First Class/Master Patrol Officer Pay. The First Class/Master Patrol Officer salary, as
designated in the annual salary ordinance, will be certified to the state for pension
purposes. A First Class/Master Patrol Officer is eligible to receive specialty pay and other
hourly pay differentials.
I. Pav Scale.
Definitions
GRADE—pay category to which a City position is assigned; each position is placed within a hierarchy of
Grades (see attached matrix), based on the knowledge, skills, abilities and responsibility required by the
position.
STEP—established point between the Range Minimum and Range Maximum of a Grade; each Grade has
six (6) equidistant Steps,which are adjusted annually.
MARKET—municipalities and other employer organizations selected by the City as the basis for salary
comparisons.
RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade; generally, the
rate at which a new City employee will be paid.
RANGE MAXIMUM—highest pay rate for a City position in a particular Grade; generally, the rate at
which an employees with five (5) or more years of experience in a particular job will be paid.
STEP INCREASE—annual pay adjustment based on an additional year of service and the increased
knowledge, skill and ability that the year of service represents; employees in Steps one (1) through five
(5)will generally move to the next higher Step on January 1 of each year.
PROMOTION—change of positions that results in a higher Grade.
RE-EVALUATION—review of a position's assigned Grade brought about by an increase (or decrease)
in knowledge, skill, ability and responsibility requirements; a Re-evaluation, which is performed by the
City's independent consultant,may result in a higher Grade, a lower Grade or no change in Grade.
Grade and Step
1. New employees hired with no experience start at Grade 11, Step 1. The exception to this
rule shall apply to new employees hired under the lateral employment program. The
following matrix shall apply:
Entry level starting salary (no experience): Grade 11, Step 1
Academy Certification and up to 1 year experience: Grade 11, Step 2
2 years experience: Grade 11, Step 3
10
3 years experience: Grade 11, Step 4
4 or more years experience: Grade 11, Step 5
2. Step Increases will be given in January only; increases are to be given the rest of the year
only as the result of a Promotion or a job Re-evaluation by the City's independent
consultant. All such increases must place the employee at a specific Step in the
appropriate Grade.
3. An employee will not receive a Step Increase in January unless he or she was hired prior to
October 1 of the previous year. Employees hired between October 1 and December 31 will
receive a Cost of Living Increase but no Step Increase.
4. Step Increases may be contingent upon meeting certain pre-established criteria, such as
education and certification requirements. Employees subject to such requirements shall be
made aware by their existence promptly upon inception of the requirements, or acceptance
of a job that carries such requirements.
5. No employee's salary will be allowed to exceed the Range Maximum (Step 6) for his or
her Grade,unless his or her salary was already above Step 6 on January 1, 1999.
6. An employee whose pay is adjusted due to a Promotion will be placed in a Step that will
ensure an appropriate pay increase, such Step to be determined by the Chief of Police or
his designee.
J. Accident Investigators, Certified Instructors, DARE Officers Pay. Officers designated as
Accident Investigators, Certified Instructors and DARE Officers shall receive up to Three
Dollars ($3.00) per hour for performing the duties associated with these functions, in
addition to all other forms of compensation. School Resourse Officers who are already
receiving SRO specialty pay are ineligible for this benefit.
K. Clothing Allowance. Officers with twelve (12) months of service in the Department shall
receive a clothing allowance of One Thousand Four Hundred Dollars ($1400.00) per year,
to be paid in a lump sum on or before April 1 of each year. Such payment shall be treated
as taxable income.
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L. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, which
is based on the amount of sick leave used in a calendar year as follows:
No sick leave used 24 hours
Up to and including one (1) shift used 20 hours
Over one (1) to and including two (2) shifts used 12 hours
Over two (2) to and including three (3) shifts used 8 hours
Over three (3) to and including four (4) shifts used 4 hours
Over four(4) shifts used 0 hours
The hourly rate of pay for each eligible employee, for the purposes of this pay incentive
only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All
sick leave used by an employee in the course of the calendar year, except leave for injuries
incurred on duty or in the line of duty, shall be counted toward the incentive pay
calculation for that year, regardless of the reason for the leave or the status of the leave.
Sick leave incentive pay may be paid out each year in February, for the prior calendar year,
at the eligible employee's current rate of pay. An Employee must be employed by the
Department for an entire calendar year, and must be employed by the City at the time of
the payout, in order to be eligible for incentive pay for that calendar year.
M. Holiday Pay. Each employee who is required to report to work on a declared holiday,
whether on a scheduled or an unscheduled basis, shall receive Thirteen Dollars ($13.00)
per hour premium pay for each hour actually worked on the holiday. Such premium pay
shall be calculated to the nearest quarter hour.
N. Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees
in effect at the time of the execution of this Agreement.
O. Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in
effect at the time of the execution of this Agreement.
12
P. Trade Days. Employees shall be permitted to voluntarily trade work days, subject to the
advance approval of the Chief or his designee. Such traded regular work shifts shall be
exempted from the computation of overtime hours. Trade days must be balanced by the
end of the 28-day work period and must be documented on the appropriate City form.
Subject to advance approval of the officer's supervisor, an officer will be allowed to trade
days with another officer of the same rank, within the same 28-day period. Once the trade
has been approved, the trading officers will be considered members of their traded shift for
that day and responsible for their attendance and manpower requirements; as if it were
their own shift. In the event of an absence, normal procedures to fill manpower
requirements will be followed (i.e. the original officer will not be required to cover the
shift). The Department will have the unilateral right, after meeting and conferring with the
FOP, to discontinue or alter the procedure for trading days.
Q. Leave of Absence. Officers may be granted leaves with or without pay in accordance with
Federal, State or local law. All leaves of absence shall be subject to the approval of the
Chief.
R. Catastrophic Medical Leave Bank. All officers' unused sick days shall be credited to the
Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An officer who is
unable to perform his/her own duties or to perform light duty assignments for an extended
period of time due to illness or injury is eligible for PERF disability benefits, which are
less than the officer's active duty pay. Under 35 IAC 2-5-1, the City is not allowed to
supplement PERF disability payments. In order to avoid penalizing an officer financially
during the period of recuperation, the Catastrophic Medical Leave Bank shall allow
eligible officers to receive up to one hundred twenty (120) calendar days of full pay after
sick leave and vacation benefits are exhausted and before PERF disability benefits
commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the
line of duty).
13
S. Retiree Health Insurance. The City shall contribute fifty percent (50%) of the monthly
employee-spouse premium for retirees who have twenty (20) years of active service with
the City, plus an additional one percent (1%) for each additional six (6) months of service,
up to a maximum of seventy-five percent (75%) of the employee-spouse or 75% of the
P Y P ) (
employee-only premium if the employee is unmarried or the spouse is not covered by the
City plan), provided that the City's insurance premium contribution shall not exceed Nine
Hundred Dollars ($900.00) per month or Ten Thousand Eight Hundred Dollars
($10,800.00) per year. Coverage for other eligible dependents may be continued at the
retiree's expense. The City's insurance premium contribution cap shall be evaluated each
year to keep pace with current health insurance costs. For an Employee who dies in the line
of duty, the City shall contribute 100% of the monthly spouse and dependent (if
applicable) medical and dental premiums For an Employee who is disabled, the City shall
contribute to insurance premiums according to the formula found in City Code Section 2-
42.
T. Police and Fire Employee PERF. The City shall maintain membership in the 1977 Fund
and shall require members of the Department to meet the eligibility requirements for the
Fund. The City shall pay twenty-one percent (21%) of the established Police Officer First
class salary for each Member of the Department participating in the 1977 Fund. In the
event that state actuary reports are lower than the twenty-one percent (21%) obligation
levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the
six percent(6%) obligation levied upon the members of the Department.
U. Vacation Buy-Back: Employees may submit up to one third (1/3) of their unused
annually accrued vacation time. The City may buy back such vacation time and, if it does
so, shall buy back each hour of vacation time at the Employee's hourly rate. Employees
must submit their hours in no less than eight (8) hour increments to the Department on the
first Monday of the last pay period. Payment for any submitted vacation, if approved,
shall be rendered by the City before the last day in February of the following year.
Sworn Personnel:
1-5 years Maximum of 4 full shifts eligible for submission(32 hours)
6-20 years Maximum of 6 full shifts eligible for submission (48 hours)
21 or more years Maximum of 7 full shifts eligible for submission(56 hours)
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Any Employee who has been suspended from the Department for disciplinary purposes or
any Employee having used five (5) or more sick days in a calendar year will be
disqualified from this benefit as permitted by law, for the year in which the suspension
occurred, or more than (5) sick days were used. The only exception to this rule would be
an on-duty injury. The hourly rate of pay for each eligible employee, for the purposes of
this pay incentive only, shall be calculated as follows: [bi-weekly base pay plus (+)
longevity]/80 hours.
V. Tuition Reimbursement. The City sponsors a tuition reimbursement program subject to
Carmel City Code § 2-58, as amended, for full-time employees who are employed by the
City both on the year prior to the beginning of the course for which tuition reimbursement
is requested and at the time the final request for reimbursement demotion, or suspension
within the 90 calendar days immediately prior to the beginning date of the course for
which tuition reimbursement is requested.
W. Additionally, the City agrees not to diminish any additional employee benefit included in
the City of Carmel Employee Handbook not already discussed herein as of the date of this
Agreement. This obligation shall continue through the termination of this Agreement and
the said handbook hereby is included and made a part hereof by reference.
Section 12
The City will allow FOP meetings to be held in City buildings at times agreed to by the Chief of
the Department. The FOP will be responsible for the care and security of the building during such
meetings. The City will allow the FOP to utilize electronic bulletin boards, e-mail systems, Internet access
and paging systems in accordance with existing City policies.
Section 13
No employee will be required to join, support or pay dues to the FOP. There' shall be no
discrimination, interference, restraint or coercion by the City or FOP against any employee for activities
or membership in the FOP, or a refusal to support,be active in or become a member of the FOP.
15
Section 14
The FOP agrees that it is the exclusive right of the City to:
(a) Maintain order, discipline and efficiency in the operations of the Department;
(b) Hire, direct, transfer, promote, discharge or otherwise discipline, Employees in
accordance with law;
(c) Operate and manage the work of the Department;
(d) Allocate personnel, apparatus, police stations and sub-stations and other resources in a
manner the Chief of the Department believes is in the best interest of public safety and
the safety of personnel; and
(e) In addition, all terms and conditions of employment not addressed above in this
Section or otherwise in this Agreement shall continue to be provided in and at the sole
discretion of the City.
The FOP and the City agree to work together in good faith to resolve labor/management issues
covered within the purview of this Agreement. The FOP agrees to encourage its members to follow all
Department rules, policies and procedures and to strive to improve their skills to ever-higher levels, and
the City agrees to enforce its rules in a fair and impartial manner.
Section 15
The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under
circumstances wherein full funding would not adversely affect a vital governmental function of the City,
all financial provisions of this Agreement shall become null and void to the extent they are not funded,
and that they will return to the negotiation process to negotiate Agreement terms that are consistent with
the level of funding approved by the Common Council. The City agrees to promptly consult with the FOP
Executive Board, upon request, regarding changes made to an Employee's working conditions and/or
standards. However, subject to Section 11 of this agreement, the salary, bonus, vacation and sick leave
benefits in effect for Employees on January 1$`, 2015 shall not be reduced without the mutual consent of
the City and the FOP Executive Board.
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APPROVED AND ADOPTED.
CARMEL BOARD OF PUBLIC WORKS FRATERNAL ORDER OF POLICE Lodge#185
AND SAFETY("BOARD") ("FOP")
BY: BY:
James Brainard,Presiding Officer Shane R. VanNatter, President
Date: .2../ 'it/6.- Date: 2/3 7/S-
0 ° I PR.eseN I �/ _/
Mary Ann Burke, Member Cam`• - Lytle, Vice-President
Date: Date: ee`,2�5
Lori S. Watso s, ember Matthew Broadnax, r
Date: r -i 1 15— Date: Q16 �
ATTEST:
> - K" I 1 . _
Diana i o rdray, IAMC, Clerk-Tre j' rer
17
1
∎A OPTED by the Common Council of the City of Carmel, Indiana this a day of
.a1rix,,,° 2015,by a vote of 7 ayes and 0 nays.
is
COMMON COUNCIL FOR THE CITY OF CA' .4 EL
P siding O er Kevin D. Rider
�� 7< /
,'
I )_�
Richard L. Sharp, President Pro Tempore Carol Schleif
mil/ UAL f:.-- ij-_, `J 4l
RDal E. Carter W. Eric Seid nsticker
L :.." 1%- �.�i ...,,,c —al
SP inkam/ uci S r der 4
I
ATTEST:
i -/• % ), Il �'
Diana L. Cordray, IAMC, C1er;Treasurer
6. Presented by me to the Mayor of the City of Carmel, Indiana this 3 day of
2015, at 1l:33 #M.
ta,(1.z,i-A.0..)
I
Diana L. Cordray, IAMC, Clerk-T. :asurer
Approved by me, Mayor of the City of Carmel, Indiana,this y day of
-„2.Qyu,l OJA 2015, at 10::5 .M. N
U
/ /' .....tear4,....e...1e9
be. es Brainard, Mayor
ATTEST:
itaojk() 4/
Diana L. Cordray, IAMC, Clerk-Trea �er
Memorandum
To: Mayor Brainard ........,_
CC: Doug Haney,City Attorney
From:' Ashley Ulbricht,Assistant City Attorney
Date: 2/2/2015
Re: Police and Fire Labor Agreements
Q: Is the City allowed to effectively amend the Salary Ordinance by means of a labor
agreement?
Yes. The City is permitted by statute to effectively amend the Salary Ordinance.
Discussion:
The City of Cannel's Police and Fire Labor Agreements (the "Agreements")fall under Indiana's
Meet and Confer Law for Public Safety Employees ("Indiana's Meet and Confer Law"). The
Mayor, along with representatives from both the Carmel Professional Firefighters International
Association of Fire Fighters Local 4444 and Cannel Fraternal Order of Police Lodge 185
(hereinafter referred to as the "Parties"), met and negotiated terms pursuant to I.C. 36-8-22-12.
Unintentionally, and by means of mistake, portions of the negotiated terms were not placed
within the text of Carmel City Ordinance D-2185-14 (the "2015 Salary Ordinance"). However,
the financial terms negotiated under the Agreements were correctly included within each of the
respective 2015 departmental budgets (the "2015 Budget"), which have already been approved
and adopted by the Common Council of the City of Carmel(the"Council").
If the Agreements are adopted by,the Council, Resolution CC-01-05-15-01, as amended, and
Resolution CC-01-05-15-02, as amended, create minor conflicts within the 2015 Salary
Ordinance. This conflict must be resolved by means of an amendment to the 2015 Salary
Ordinance. The 2015 City and Town Budget Bulletin (the "Bulletin"), published by the Indiana
Association of Cities and Towns, provides guidance as to whether the Salary Ordinance may be
amended. Supplement 6, located on page 24 of the Bulletin, addresses that there are three
separate and specific statutes that apply for setting salaries of officers and employees of cities.
The first statute, IC 36-4-7-2, covers elected city officials. Under this statute, the council must
pass an ordinance no later than December 31, 2014, which fixes the salaries of elected officials
for the following year. This ordinance is not required to be published in accordance with IC 5-3-
1. Salaries of elected officials cannot be changed in the year for which they are fixed and cannot
be lowered beyond the amount set the previous year. The second statute, IC 36-4-7-3, applies to
appointed officers and employees except members of the police and fire department. This statute
requires that second and third class cities pass any salary ordinance establishing these salaries by
November 3, 2014. Compensation set under this statute may not be increased during the budget
year for which it is fixed, but may be reduced by the mayor. The third statute, I.C. 36-8-3-3,
specifically applies to members of the police and fire departments and would apply to the
negotiated terms under the Agreements. I.C. 36-8-3-3 requires second and third class cities pass
an ordinance establishing these salaries by November 3, 2014. However, if the city council fails
to adopt the ordinance, the Safety Board may fix compensation, subject to later change by
ordinance. Unlike IC 36-4-7-3, the statute affecting public safety employees does not expressly
restrict salary increases during the budget year.
Even if the financial increases negotiated in the Agreements were not already included within the
2015 Budget, the 2015 Salary Ordinance as it pertains to police and fire departments, may be
subsequently amended under Indiana law. The only relevant prohibition on employers under
Indiana's Meet and Confer statute is that an employer may not enter into an agreement that will
place the employer in a position of deficit financing. In this instance, the Agreements will not
place the City in a position of deficit financing because the financial commitments agreed upon
between the Parties have already been appropriated and approved by the Council. The Salary
Ordinance needs only to be amended to reflect the proper monetary amounts contemplated under
the Agreements and the 2015 Budget. The bi-weekly base salaries for sworn police and fire
personnel are not altered by the Agreements. In fact, the majority of the financial amendments
consist of additional increases in specialty pay provisions. Therefore, the Agreements; as
amended, should be approved by the City Council and the 2015 Salary Ordinance should be
amended to reflect the proper monetary amounts listed within the Agreements.
Respectfully submitted,
1sh1 Ulbricht
Cannel Assistan " Attorney
February 2, 2015