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HomeMy WebLinkAboutCarmel Professional Fire Fighters Contracte AGREEMENT Between CITY OF CARMEL And CARMEL PROFESSIONAL FIRE FIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4444 EFFECTIVE January 1, 2017 — December 31, 2018 VERSION A (3/14/17- Finance Committee) Table of Contents Agreement.................................................................................................................................................3 ArticleI — Period of Agreement.....................................................................................................................3 .Section 1— Duration..............................................................................................................................3 Section2 —Separability .........................................................................................................................3 Section3 — Minimums Only..................................................................................................................3 Section4 — Uniformity...........................................................................................................................4 ArticleII — Recognition..................................................................................................................................4 Article III — Union and City Rights and Obligations........................................................................................4 Section1— Union Rights........................................................................................................................4 Section2 — City Rights...........................................................................................................................5 Section3 —Strikes and Lockouts...........................................................................................................5 ArticleIV—Miscellaneous.............................................................................................................................6 Section1- Safety...................................................................................................................................6 Section2—Minimum Staffing...............................................................................................................7 Section3 — Overtime.............................................................................................................................7 Section 4 — Call-back Definition.............................................................................................................7 Section5 — Fitness Facility.....................................................................................................................7 Section6 — Bid System...........................................................................................................................7 Section7 — Fitness Requirement...........................................................................................................7 Section8 — Promotions.........................................................................................................................7 Article V —Terms and Conditions of Agreement...........................................................................................8 Section1— Funding...............................................................................................................................8 ArticleVI — Compensation.............................................................................................................................8 Section 1— Cost of Living Adjustments.................................................................................................8 Section 2 — Specialty Pay /. Ride -Out .pay ...............................................................................................8 Section3 — Longevity Pay......................................................................................................................9 Section 4- Pension Contribution..........................................................................................................9 Section5 — Holiday Pay.........................................................................................................................9 Section 6 — Master Firefighter Pay........................................................................................................9 Section7 —Vacation Buy-back............................................................................................................10 Section 9 —Sick Leave Incentive..........................................................................................................10 Section10 — Grade and Step...............................................................................................................11 ArticleVII — Fringe Benefits.........................................................................................................................12 Section 1— Retiree Health Insurance..................................................................................................12 Section2 —Annual Physical.................................................................................................................13 Section 3 — Uniforms / Safety Gear.....................................................................................................13 Section 4—Catastrophic Medical Leave Bank.....................................................................................13 Section 5 —Tuition Reimbursement....................................................................................................13 Agreement This agreement ("Agreement") is entered into by and between the City of Carmel, Indiana ("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 Carmel Professional Firefighters— International Association of Fire Fighters, Local 4444 ("Union"), represented by its Carmel President and Secretary / Treasurer. This Agreement is not and shall not be construed as a collective bargaining agreement for the purposes of federal or state labor laws or otherwise. Article I — Period of Agreement Section 1— Duration Upon its proper execution by all parties hereto, this Agreement shall be effective as of 12:01 a.m. on January 1, 2017, and shall be in effect until 11:59 p.m. on December 31, 2018.. 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 July of 2018. 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 2 — Separability In the event that any provisions of this agreement are found to be inconsistent with existing State / Federal statutes or laws, the provisions of such statutes or laws shall prevail; and if any provision herein is found to be invalid and unenforceable by a court or other authority having jurisdiction, then such provision shall be considered void, but all other valid provisions shall remain in full force and effect. The parties hereto agree to notify the other of any ruling in that regard. Section 3 — Minimums only The terms of this Agreement are intended to cover only minimums in hours, working conditions and other employee benefits. The City may implement or retain in effect superior wages, hours, working conditions and other employee benefits. 3 Section 4 — Uniformity Although the parties recognize that it is extremely difficult to compare different pay and work structures so as to exact mathematical equivalencies, the City agrees that, as much as is reasonably possible, Carmel Fire Fighters shall receive the equivalence in benefits and pay raises received by all City public safety employees for pay compensation and fringe benefits. Article II -Recognition The City recognizes the Union as the exclusive recognized representative agent for members of the Carmel Fire Department ("Department") with the rank of Battalion Chief or below, so long as the Union maintains the support of the majority of those firefighters. Members of the Department holding the rank of Battalion Chief or below shall hereinafter individually referred to as an "Employee" and collectively referred to as "Employees" and the group of Employees represented by the Union as their exclusive representative shall hereinafter collectively referred to as the "Representation Unit". If the City questions whether the union 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 Union to determine if the Union maintains the support of the majority of the employees in the department. If the Union does not maintain the support of the majority of the employees in the department, the City shall not recognize the Union as the exclusive representative of the employees at the end of the calendar year in which such majority support is lost. Article III - Union and City Rights and Obligations Section 1— Union Rights a. Payroll Deduction. Upon receipt of voluntary, written, current, signed authorization in such form as complies with the laws of the State of Indiana, from member of Local 4444 covered by this Agreement, the City shall deduct each pay check from the earnings of such employees, an amount representing their Union dues as indicated in the current authorization form. The City shall remit such monies, together with the appropriate records, to the Association or its designated official. The City shall not be liable to the Union for any failure to make such deductions. In the event of an overcharge already remitted to the Union, it shall be the sole responsibility of the Union to adjust the matter with the employee. The Union will indemnify the City and hold it harmless from any or all claims or liabilities which arise under this paragraph. b. Union use of City Property. The City will allow Union meetings to be held in City buildings at times agreed to by the Chief of the Department. The Union will be responsible for the care and security of the building during such meetings. The City will allow the Union to utilize electronic bulletin boards, e-mail systems, Internet access and paging systems. c. Non -Discrimination.. Neither the City nor the Union shall make any regulation affecting the right of any employee or employees to join, or refrain from joining, the Association or other lawful employee organization; provided that the City shall retain the full right to control employees' actions, property and equipment during working hours and to control the use of the City's premises. 4 d. Voting. Union and members of Local 4444 shall be allowed use of the stations to hold elections for the Union and its' representatives. e. Union Time. Employees elected to represent the Union shall be granted time, not to exceed a combined total of two thousand (2,000) hours total annually (to be divided as needed) to perform, without loss of pay, Union functions such as, but not limited to, attendance at meetings, conventions, seminars and conferences. f. Employee Representation. When an employee is interviewed, formally or informally, regarding a matter that might lead to disciplinary action, if that employee requests a Union representative, all questioning will cease for a reasonable period of time (not to exceed 24 hours) until a Union representative (selected by the Union) can be present. Section 2 — City Rights The Union agrees that it is the exclusive right of the City to: maintain order, discipline and efficiency in the operations of the Department; hire, direct, transfer, promote, discharge or otherwise discipline Employees in accord with law; operate and manage the work of the Department, and; allocate personnel through the bid system, apparatus, fire stations and other resources in a manner the Chief of the Department believes is reasonable and in the best interest of public safety of personnel. Section 3 — Strikes and Lockouts As the service performed by the Employees covered by this Agreement are essential to the administration of the Department and to the welfare of the public dependent thereon, neither the Carmel Professional Fire Fighters Union nor any member of the Representative Unit covered by the Agreement shall initiate, authorize, sanction, encourage, support or engage in any strike, slow -down, concerted job action, work stoppage, "sick-out", or cease the continuous performance of their duties. The city agrees that no lock out shall take place during the term of this Agreement. The Union acknowledges that any conduct that violates this Section threatens irreparable harm to the public. The Union shall not be held liable under this Agreement for the unauthorized activity of the Employees in violation of this Section, and agree to immediately make a vigorous, bona fide and continued effort to end allsuch activities in the event of a documented violation of this Section, including written notification to each offending Employee that his/her activity is unprotected and is not authorized, supported or ratified by the Union. Section 4 — Dispute Resolution The Union and the City agree to work together in good faith to resolve labor / management issues. The Union 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 agree to enforce its rules in a fair and impartial manner. Bothe Union and the City agree to attempt to resolve issues subject to this Agreement informally or through Alternative Dispute Resolution (ADR) before commencing or sponsoring legal action against the other. Article IV - Miscellaneous Section 1- Safety a. The Department shall maintain and keep in effect through the term of this Agreement, a Safety Committee for reviewing departmental accidents, injuries, job-related safety complaints, protective gear and equipment issues, or any other safety related areas. The Safety Committee shall make recommendations to the Chief concerning safety issues. The Safety Committee shall be compromised of up to eight (8) merit members representing the following division areas: The ex officio members comprised of three (3) Captains who occupy the position of the A, B and C Shift Battalion Executive Officer and the one (1) staff officer who holds the position of Department Safety Officer. The Union Will Select: (1) Firefighter (1) Engineer The Department will select: (1) Captain or Lieutenant (1) Chief Officer The Administration or Committee can call on additional personnel (i.e. Civilian Staff, Maintenance etc.) if it feels that someone's expertise can benefit the committee, Request for meetings involving the Safety Committee may be initiated by the Chief of the Department or the Safety Committee Chairperson; who shall be appointed by the Chief of the Department. The Chairperson shall prepare an agenda of items to be discussed and established and communicate a date and place for such meeting. b.. The Department and its Employees covered herein shall comply with applicable Federal, State and Local laws and Department policies concerning safety and health. The Department shall make reasonable provisions for the safety and health of its Employees during the hours of employment in compliance with applicable laws. In this regard, the Carmel Professional Firefighters Local 4444 and Employees realize that they have joint responsibility to cooperate in maintaining safe practices in the Department. In addition, it is the responsibility of each Member of the Department to operate vehicles, machinery and equipment in a safe manner. c. The Department may summarily discipline, or prohibit an Employee from operating in,an unsafe manner. However, no reduction in rank, grade or pay will be made without following the appropriate disciplinary policies of the Department and Indiana Law. d. All accidents, regardless of the severity, must be reported to the Member's supervisor immediately for review in accordance with Department Policies. Section 2 - Minimum Staffing 'The City will "call back" Employees or mark apparatus out of service if staffing falls below four (4) Employees on a fire engine, or five (5) Employees on a ladder truck and two (2) Employees on an ambulance. This minimum staffing requirement may be suspended in the event of an emergency as determined in the sole discretions of the Chief, after consultation with the Union President or -the highest ranking available Union Officer. Furthermore, the current "8 -hour rule" remains in effect allowing staffing to fall below four (4) Employees on a fire engine and five (5) Employees on a ladder and two (2) -employees on an ambulance so long as that vacancy is not for eight (8) or more hours. Section 3 - Overtime A "call back" shall be voluntary unless an emergency is declared by the Chief or the Mayor and may include alteration of the normal work. schedule. "Call back" time shall be paid at a rate of time and one- half of the Employee's regular hourly rate. Section 4 - Call-back Definition As used in this Article, "call-back" means requesting or requiring an employee to work hours in addition to the Employees scheduled hours, and "off-duty" means the time other than an Employee's regularly scheduled working hours or vacation. Section 5 - Fitness Facility The Departmentshall provide facilities and equipment to allow employees to maintain physical fitness at each station. Decisions related -to the location of the fitness facilities, the type of and replacement of fitness equipment are within the sole discretion of the Department. Section 6 - Bid System Carmel Fire Department Rules and Regulations 7.28, as updated on 7/11/2014 via email and. GO 8/31/2014, will govern the CFD bid process, which will remain in effect throughout the term of this Agreement. Section 7 - Fitness Requirement In 2011, the parties formed a joint labor management committee to develop a minimum fitness policy using the Public Safety. Medical -Service validation process. The policy was, completed in late 2013. Work Performance Evaluation (WPE).shall be department policy as determined by the labor management process. Section 8 - Promotions In November 2015, through the labor/ management process, the Carmel Fire Department re -organized its officer structure to a more traditional officer structure that resembles the American fire service. The new structure consists of thirteen (13) Captains and fourteen (14) Lieutenants. In addition to these positions, each shift -will have three (3) float Lieutenants. The total `number of merit officers will be thirty-six (36); or, one (1) Captain and two (2) Lieutenants per apparatus. The Battalion Chief and Executive Officer position will continue to be staffed by merit Captains. When the number of Operations Section officers on shift fall below thirty-six (36), promotions shall take place within 45 days of initial vacancy. 7 Article V - Terms and Conditions of Agreement Section 1— Funding 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 negotiations process to negotiate Agreement terms that are consistent with the level of funding approved by the Common Council. Article VI - Compensation Section 1— Cost of Living Adjustments In mid -2016, the City of Carmel .performed a salary study that compared salaries with similar sized or larger cities in the Midwest. The results of the study indicated that all ranks should receive a minimum -of, a 2.1% to 5.7% salary adjustment for 2017. Effective upon its final approval, all Employees covered by this Agreement shall receive an increase to their base salary -range of 2.1% to 5.7% dependent. of rank for 2017. For salary increase for 2018, :Employees covered by this agreement shall receive an increase to their base salary of three percent (3%). The parties hereto agree that should the Consumer `Price Index for all Midwestern Wage Earners ("CPI -W") independent of seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year fluctuate plus or minus 1.5 % from the three percent (3%) C.O.L.A. provided for by this Article, they shall return to the negotiation process to consider a more appropriate C.O.L.A. The City'agrees to promptly consult with the Union, upon request, regarding changes made to an Employee's working conditions and/or standards. However,.subject to Article VI of this Agreement, the salary, bonus, vacation and sick leave benefits in effect for Employees on January 1, 2017 shall not be reduced without the mutual consent of the City and the Union. Section 2 — Specialty Pay / Ride -Out pay Each Fire Department Employee shall be entitled to receive only one (1),type.of specialty pay at any given .time. The _Employee shall receive the highest specialty pay for which he/she is .eligible. All specialty pay, shall cease when and Employee no longer performs the duties associated with the pay or no longer meets the qualifications.for such pay, whether the change results from the decision / action of the City or the Employee. Annual Specialty Pay for Employees covered under this Agreement shall be*as follows: Specialty Pay: Paramedic Mechanic Shift Investigator Hazardous Materials 10% of First Class Firefighter Salary $2000.00 $2000.00 $2000.00 *shall be paid to all Hazmat Techs, regardless of station assignment n Foreign Language $2000.00 Public Information Officer (PIO) $3500.00 Special Duty Pay $2000.00 An Employee who demonstrates a specified level of fluency in an approved foreign language shall receive the Foreign Language Specialty Pay in addition to all other forms of compensation. All such pay must be approved by the Chief and the Director of Human Resources. To continue receiving this compensation, the Employee is required to maintain fluency, and may be periodically re -tested. Public Information Officer is appointed bythe Fire Chief and is subject to change at his / her discretion. Special duty pay is for employees who take on long term responsibilities / projects / assignments, designated by the Fire Chief, in addition to only one other form of annual specialty compensation listed in Article VI Section 2 Specialty / Ride -out pay. Pay is subject to the discretion of the Fire Chief. Ride — Out Pay: a. An employee shall be entitled an additional $2.00 per hour for each hour he or she is assigned to an ambulance, in addition to all other forms of compensation. b. A Captain who fills in for Battalion Chief shall receive $3.00 per hour ride -out pay, and a c. Firefighter who fills in for an Engineer, Lieutenant or Captain shall receive $2.00 per hour ride - out pay, in addition to all other forms of compensation. d. Officers filling in for other officers (except filling in for Battalion Chief) are not eligible for ride - out pay. Section 3 — Longevity Pay Sworn firefighters .shall receive "longevity pay at the rate of -Two Hundred" Twenty Dollars ($220.00) per year of service for years 1-10 and Two Hundred Eighty Dollars ($280.00) per year of service for years 11- 25.- Longevity shall be capped at twenty-five (25) years of service or ($6,400.00) in addition to all other forms of compensation. Section 4 — Pension Contribution 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 Master Firefighter salary for each Member of the Department participating in the 1977 Fund.1n.-the eve.rt:that state actuary reports lower 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 (6.0%) obligation levied upon the Members of the Department. Section 5 — 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. Section 6 — Master Firefighter Pay A firefighter will not become First Class/ Master Firefighter until he/she has served 10 years. The First -Class / Master Firefighter salary, as designated in the annual salary -ordinance, will be certified to the state -for pension reporting.purposes. A First Class / Master Firefighter is eligible to receive specialty pay and other hourly pay differentials. Section 7 — 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 twenty-four (24) hours increments for Sworn Shift personnel and in no less than 7.5 hour increments — Sworn Staff personnel) to the Department on the first Monday of the last pay period. Payment for any submitted vacation time (if approved) shall be rendered by the City before the last day in February of the following year. Sworn Shift Personnel: 1— 5 years 6-12 years 13 or more years Sworn Staff Personnel: Maximum of 2 full shifts eligible for submission (48.0 hours) Maximum of 3 full shifts eligible for submission (72.0 hours) Maximum of 4 full shifts eligible for submission (96.0 hours) 1— 5 years Maximum of 3 full shifts eligible for submission (22.5 hours) 6 -12 years Maximum of 5 full shifts eligible for submission (37.5 hours) 13.or.more years ' Maximum of 6 full shifts eligible for submission (45.0 hours) 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. Section 9 — Sick Leave Incentive 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: None 24 hours Equivalent of one (1) shift (or any portion thereof) Equivalent of two (2) shifts (or one shift plus any portion of a second) Equivalent of three (3) shifts (or two shifts plus any portion of a third) Equivalent of four (4) shifts (or three shifts plus any portion of a fourth) 20 hours 12 hours 8 hours 4 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 (+) longevity1/80 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 10 duty, or as otherwise required by applicable law, 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. Section 10 - Grade and Step 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 aparticular 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. 1:: New'employees will be hired at -Step 1 for the assigned Grade. All requests for exceptions must be put in writing by the department head and approved by the Director of Human Resources. 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. 11 4. Step Increases will be granted automatically to employees at. Step 5 or below. 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 immediately upon inception of the requirements, or acceptance of a job that carries such requirements. .5: Every employee will move up one Step each year without skipping intermediate Steps. EXCEPTION: Public safety employees (Police, Fire and Communications) hired prior to 1999 with the expectation of programmed raises based on longevity shall continue to receive those raises, regardless of the time -of year they occur or how many Steps the pay increase encompasses). Public Safety employees hired on or after January 1, 1999 will receive annual raises in January based on consecutive Steps 6. 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. EXCEPTION. In the interest of maintaining equality within the ranks of the Police Department and the Fire Department, exceptions will .be made for Master Firefighters, Fire Lieutenant and Captains. Individualsentering those positions by reason of longevity -or Promotion shall receive the some base salary as others already in those positions, even though the base salary exceeds the Range Maximum. Other exceptions may be made -under very rare circumstances, with the written request and explanation of the department head and the approval 'of the Director of Human Resources. 7. 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 recommended by the department head and approved by the Director of Human Resources. Article VII - Fringe Benefits Section 1— Retiree Health Insurance a. 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 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 ($10,800.00) Ten Thousand Eight Hundred Dollars per year. b. • Coverage for other -eligible dependents may be continued at the retiree's expense. C. The City's insurance premiumcontribution cap shall be evaluated each year to keep pace with current health insurance costs. d. 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. e. Foran Employee who is disabled, the City shall contribute to a disabled employee's insurance premium according to the formula found in City Code Section. 2-42. f. Retiree Health Insurance will only be available to employees hired prior to October. 3, 2016. 12 Section 2 — Annual Physical The City shall continue its practice of .providing annual physicals .to each Employee at no cost to the Employeemade available through a mutually agreeable facility. No changes to the make-up of this physical shall be made without 30 days prior notice to the Union. In the event that changes to specific test and / or components of the medical evaluation are needed, the City will meet with the Union to discuss and receive input on the proposed changes. Section 3 - Uniforms / Safety Gear The Department shall issue all uniforms and safety gear through the Department Quartermaster system. Section 4 — Catastrophic Medical Leave Bank All firefighters unused sick days shall be credited to the Catastrophic Medical Leave Bank. A firefighter 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 .firefighters .active duty pay. Under 35 IAC 2-5-1, the City is not allowed to supplement PERF disability payments., In order to avoid penalizing a firefighter financially during the period of recuperation, the Catastrophic Medical, Leave Bank shall allow eligible firefighters 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), as permitted by law. Section 5 — 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 is made. Tobe eligible for tuition reimbursement the employee cannot have been subject to disciplinary probation; demotion, or suspension within the 90 calendar day immediately prior to the beginning date of the -course for which tuition reimbursement is requested. Refer to Carmel Fire Department Rules and Regulations 4.16 TUITION REIMBURSEMENTS. Section 6- Dependent Care The Cityagrees to allow:employees to utilize up to 2 days (48 hours).of their sick time annually for the unexpectedcare and treatment of a dependent. The employee may utilize this timein increments of four (4), six (6), or seven and a half (7:5) hours. The City agrees to treatthis benefit in the. same manner as an employee sick day. This does not increase the amount of sick time afforded to an employee. Section 7— Other Benefits .Additionally, the City agrees not to diminish any additional employee benefits included within 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. 13 APPROVED AND ADOPTED this CARMEL BOARD OF PUBLIC WORKS AND SAFETY (`BOARD") BY: James Brain , Presiding Officer Date: ary Ann 4urke, Member Date: Lf -5 '/% Lori S.ats mber Date: AT S istine S. aule , Clerk -Treasurer 61 day of , 2017. CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION 1� SeSutr-1.30 President Date: — 14 JC e11, Secre ary-Treasurer_ Dat Sponsors: Councilors Finkam, Rider, Carter Campbell, Kimball and Worrell RESOLUTION CC 03-06-17-02 A RESOLUTION OF THE C( FIREFIGHTERS ASSOCIATION Synopsis: Approves the amended contract between the City of Carmel and the Carmel Professional Firefighters Association that will be effective from January 1, 2017 through December 31, 2018. WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana ("City") has established a contractual relationship with Carmel Professional Firefighters Association ("Association"), pertaining to issues involving the hours, working conditions and certain other benefits of members of the Carmel Fire Department; and WHEREAS, the City and the Association now wish to revise their contractual relationship; and WHEREAS, the agreement attached hereto and incorporated herein by this reference as Exhibit A, (the "Agreement") sets forth the new contractual relationship between the City and the Association; 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. 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. Resolution CC 03-06-17-02 Page One of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on February 23, 2017 at 4:00 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Sponsors: Councilors Finkam, Rider, Carter Campbell, Kimball and Worrell SO RESOLVED by the Common Co cil of the City of Carmel, Indiana this-70"qday of ft; � , 2017 by a vote of ayes and _nays. COMMON COUNCIL FOR THE CITY OF CARMEL Sue in , Pre ent Laura D. Campbell I H. Bruce Kimball a� P�ea� Kevin D. Rider Jefffl&l V1111J lllllV. 1 LLU1li�l..1V111�111RJU1 V1 Prese ted Mme totheMayor of the City of a m , Indiana this2Z day of 017, at 113 .M. r. Christine S. Pauley, Clerk -Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this -_2 day of aH C� 2017, at / "" P.M. 00 James Brainard, Mayor Christine S. Paulej, Clerk -Treasurer Resolution CC 03-06-17-02 Page Two of Two Pages