HomeMy WebLinkAboutCarmel Professional Fire Fighters International Association of Fire Fighters Local 4444/CFD/2021 AgreementCzKpoPcfsmboefsbu3;14qn-Kbo38-31321
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7 AGREEMENT
8 Between
9 CITYOF CARMEL
10 And
11 CARMEL PROFESSIONAL FIRE FIGHTERS
12 INTERNATIONAL ASSOCIATION OFFIREFIGHTERS LOCAL 4444
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14 Effective 30days fromandafter thedate onwhichitisapprovedby theCommon
15 Council andthereafter continuing through December 31, 2022
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26 Table of Contents
27 AGREEMENT ......................................................................................................................................... 4
28 Article I – Period of Agreement................................................................................................................... 4
29 Section 1 – Duration ..................................................................................................................4
30 Section 2 – Separability .............................................................................................................4
31 Section 3 – Minimums Only .......................................................................................................4
32 Section 4 – Uniformity ...............................................................................................................4
33 Article II – Recognition ................................................................................................................................ 5
34 Article III – Union and City Rights and Obligations .................................................................................... 5
35 Section 1 – Union Rights ............................................................................................................5
36 Section 2 – City Rights ...............................................................................................................6
37 Section 3 – Strikes and Lockouts ...............................................................................................6
38 Article IV – Miscellaneous ........................................................................................................................... 7
39 Section 1 – Safety .......................................................................................................................7
40 Section 2 – Minimum Staffing ...................................................................................................8
41 Section 3 – Overtime..................................................................................................................8
42 Section 4 – Call-back Definition.................................................................................................8
43 Section 5 – Fitness Facility .........................................................................................................8
44 Section 6 – Bid System ...............................................................................................................8
45 Section 7 –Work Performance Evaluation.................................................................................9
46 Section 8 – Promotions ..............................................................................................................9
47 Article V – Terms and Conditions of Agreement......................................................................................... 9
48 Section 1 – Funding ...................................................................................................................9
49 Article VI – Compensation ........................................................................................................................... 9
50 Section 1 – Cost of Living Adjustments .....................................................................................9
51 Section 2 – Specialty Pay / Ride-Out pay ................................................................................. 10
52 Section 4 – Longevity Pay ........................................................................................................ 11
53 Section 5 – Pension Contribution ............................................................................................. 11
54 Section 6 – Holiday Pay ........................................................................................................... 12
55 Section 7 – Master Firefighter Pay .......................................................................................... 12
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56 Section 8 – Vacation Buy-back ................................................................................................ 12
57 Section 9 – Sick Leave Incentive .............................................................................................. 12
58 Section 10 – Grade and Step .................................................................................................... 13
59 Article VII – Fringe Benefits ...................................................................................................................... 14
60 Section 1 – Retiree Health Insurance ....................................................................................... 14
61 Section 2 – Annual Physical ..................................................................................................... 15
62 Section 3 – Uniforms / Safety Gear .......................................................................................... 15
63 Section 4 – Catastrophic Medical Leave Bank ......................................................................... 15
64 Section 5 – Tuition Reimbursement ......................................................................................... 15
65 Section 6 – Dependent Care ..................................................................................................... 16
66 Section 8 – Retiree Health Insurance Placeholder Fee ............................................................ 16
67 Section 10 – Other Benefits ...................................................................................................... 17
68 COMMON COUNCIL AND BOARD OF PUBLIC WORKS & SAFETY .................................... 18
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85 AGREEMENT
86
87 This agreement (“Agreement”) is entered into by and between the City of Carmel, Indiana (“City”),
88 represented by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”)
89 and the City’s Common Council (“Common Council”), and the Carmel Professional Firefighters –
90 International Association of Fire Fighters, Local 4444 (“Union”), represented by its Carmel President
91 and Secretary / Treasurer. This Agreement is not and shall not be construed as a collective bargaining
92 agreement for the purposes of federal or state labor laws or otherwise.
93 Article I – Period of Agreement
94 Section 1 – Duration
95
96 Upon its proper execution by all parties hereto, this Agreement shall take effect thirty (30) days from
97 and after the date on which it is approved by the Common Council, and shall thereafter remain in effect
98 until 11:59 p.m. on December 31, 2022. This Agreement shall remain in full force and effect unless
99 either party desiring to amend this agreement shall notify the other in writing. Notice of a request for
100 amendment shall specify the content of any and all proposed amendments. The parties agree to begin
101 good faith negotiations on a future agreement no later than July 2022. If a new agreement is not
102 executed before the end of this Agreement, then this Agreement shall remain in effect until a new
103 agreement is executed by the parties hereto.
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105 Section 2 – Separability
106
107 In the event that any provisions of this agreement are found to be inconsistent with existing State or
108 Federal statutes or laws, the provisions of such statutes or laws shall prevail; and if any provision herein
109 is found to be invalid and unenforceable by a court or other authority having jurisdiction, then such
110 provision shall be considered void, but all other valid provisions shall remain in full force and effect.
111 The parties hereto agree to notify the other of any ruling in that regard.
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113 Section 3 – Minimums Only
114
115 The terms of this Agreement are intended to cover only minimums in hours, working conditions and
116 other employee benefits. The City may implement or retain in effect superior wages, hours, working
117 conditions and other employee benefits.
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119 Section 4 – Uniformity
120
121 Although the parties recognize that it is extremely difficult to compare different pay and work structures
122 so as to exact mathematical equivalencies, the City agrees that, as much as is reasonably possible, City
123 firefighters shall receive the equivalence in benefits and pay raises received by all City public safety
124 employees for pay compensation and fringe benefits.
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125 Article II – Recognition
126
127 The City recognizes the Union as the exclusive recognized representative agent for members of the
128 Carmel Fire Department (“Department”) with the rank of Battalion Chief or below, so long as the Union
129 maintains the support of the majority of those firefighters. Members of the Department holding the rank
130 of Battalion Chief or below shall hereinafter be individually be referred to as “Employee” and
131 collectively referred to as “Employees,” and the group of Employees represented by the Union as their
132 exclusive representative shall hereinafter be collectively referred to as the “Representative Unit”. If the
133 City questions whether the Union has the support of the majority of the Employees in the Representative
134 Unit, it may review the City Controller’s records and/or certified records provided by the Union to
135 determine if the Union maintains the support of the majority of the Employees in the Department. If the
136 Union does not maintain the support of the majority of the Employees in the Department, the City shall
137 not recognize the Union as the exclusive representative of those Employees at the end of the calendar
138 year in which such majority support is lost.
139 Article III – Union and City Rights and Obligations
140 Section 1 – Union Rights
141
142 A.Payroll Deduction. Upon receipt of a voluntary, written, current, signed authorization in such
143 form as complies with the laws of the State of Indiana from an Employees covered by this
144 Agreement, the City shall deduct from each pay check of such Employee an amount representing
145 his/her Union dues as indicated in the current authorization form. The City shall remit such
146 monies, together with the appropriate records, to the Union or its designated official. The City
147 shall not be liable to the Union for any failure to make any such deductions. In the event of an
148 overcharge already remitted to the Union, it shall be the sole responsibility of the Union to adjust
149 the matter with the Employee. The Union shall indemnify the City and hold it harmless from
150 any or all claims or liabilities which arise under or pursuant to this paragraph.
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152 B.Union use of City Property. The City shall allow Union meetings to be held in City buildings at
153 times agreed to by the Fire Chief (“Chief”). The Union will be responsible for the care and
154 security of the building during such meetings. The City will allow the Union to utilize electronic
155 bulletin boards, e-mail systems, Internet access and paging systems.
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157 C.Non-Discrimination. Neither the City nor the Union shall make any regulation affecting the
158 right of any Employee or Employees to join, or refrain from joining, the Union or any other
159 lawful employee organization; provided that the City shall retain the full right to control its
160 employees’ actions, property and equipment during working hours and to control the use of the
161 City’s premises.
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163 D.Voting. Union and members of the Union shall be allowed use of the fire stations to hold
164 elections for the Union and its’ representatives.
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166 E.Union Time. Employees elected to represent the Union shall be granted time, not to exceed a
167 combined total of two thousand (2,000) hours annually (to be divided as needed) to perform,
168 without loss of pay, Union functions such as, but not limited to, attendance at meetings,
169 conventions, seminars and conferences.
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171 F.Member Representation. When amember of the Union (“Member”)is interviewed, formally or
172 informally, regarding a matter that might lead to disciplinary action, if that Member requests a
173 Union representative, all questioning will cease for a reasonable period of time (not to exceed 24
174 hours) until a Union representative (selected by the Union) can be present.
175 Section 2 – City Rights
176
177 The Union agrees that it is the exclusive right of the City to: maintain order, discipline and efficiency in
178 the operations of the Department; hire, direct, transfer, promote, discharge or otherwise discipline
179 Employees in accord with law; operate and manage the work of the Department, and; allocate personnel
180 through the bid system, apparatus, fire stations and other resources in a manner the Chief believes is
181 reasonable and in the best interest of public safety personnel.
182 Section 3 – Strikes and Lockouts
183
184 As the service performed by the Employees covered by this Agreement are essential to the
185 administration of the Department and to the welfare of the public dependent thereon, neither the Union
186 nor any member of the Representative Unit covered by this Agreement shall initiate, authorize, sanction,
187 encourage, support or engage in any strike, slow-down, concerted job action, work stoppage, “sick-out”,
188 or cease the continuous performance of their duties. The City agrees that no lock out shall take place
189 during the term of this Agreement.
190 The Union acknowledges that any conduct that violates this Section threatens irreparable harm to the
191 public. The Union shall not be held liable under this Agreement for the unauthorized activity of the
192 Employees in violation of this Section, and agree to immediately make a vigorous, bona fide and
193 continued effort to end all such activities in the event of a documented violation of this Section,
194 including written notification to each offending Employee that his/her activity is unprotected and is not
195 authorized, supported, or ratified by the Union.
196 Section 4 – Dispute Resolution
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198 The Union and the City agree to work together in good faith to resolve labor/management issues. The
199 Union agrees to encourage its members to follow all Department rules, policies, and procedures and to
200 strive to improve their skills to ever higher levels, and the City agrees to enforce its rules in a fair and
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201 impartial manner. Both the Union and the City agree to attempt to resolve issues subject to this
202 Agreement informally or through Alternative Dispute Resolution (ADR) before commencing or
203 sponsoring legal action against the other.
204 Article IV – Miscellaneous
205 Section 1 – Safety
206
207 a.The Department shall maintain and keep in effect through the term of this Agreement, a Safety
208 Committee for reviewing departmental accidents, injuries, job-related safety complaints,
209 protective gear and equipment issues, or any other safety-related areas. The Safety Committee
210 shall make recommendations to the Chief concerning safety issues. The Safety Committee shall
211 be compromised of up to eleven (11) firefighters representing the following division areas:
212 The ex officio members of the Safety Committee shall be the three (3) officers who occupy the
213 position of A, B, and C Shift Battalion Executive Officer; the three (3) merit officers who occupy
214 the position of A, B, and C Shift Safety Training Officer (STO); and the one (1) staff officer who
215 holds the position of Department Safety Officer.
216 The other members of the Safety Committee shall be selected as follows:
217 The Union will select:
218 (1)Firefighter
219 (1)Engineer
220 The Chief or his/her designee will select:
221 (1)Captain or Lieutenant
222 (1)Chief Officer
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224 The Chief or his/her designee and/or the Safety Committee may call upon additional personnel
225 (e.g., civilian staff, maintenance personnel, etc.) if it is believed that the expertise of such
226 persons may be of benefit to the Safety Committee. Requests for meetings involving the Safety
227 Committee shall be initiated by the Chief or the Safety Committee Chairperson, who shall be
228 appointed by the Chief. The Chairperson shall prepare an agenda of items to be discussed by the
229 Safety Committee and shall establish and communicate a date and place certain for such
230 meeting.
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232 b.The Department and its Employees covered by this Agreement shall comply with applicable
233 Federal, State and Local laws and Department policies concerning safety and health. The
234 Department shall make reasonable provisions for the safety and health of its Employees during
235 their hours of employment in compliance with applicable laws. In this regard, the Union and
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236 Employees realize that they have joint responsibility to cooperate in maintaining safe practices in
237 the Department. In addition, it is the responsibility of each Employee to operate vehicles,
238 machinery and equipment in asafe manner.
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240 c.The Department may summarily discipline or prohibit an Employee from acting or operating in
241 an unsafe manner. However, no reduction in rank, grade or pay will be made without following
242 the appropriate disciplinary policies of the Department and Indiana law.
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244 d.All accidents, regardless of their severity, must be immediately reported to an Employee’s
245 supervisor for review in accordance with Department policies and procedures.
246 Section 2 – Minimum Staffing
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248 The City will “call back” Employees or mark apparatus out of service if staffing falls below four (4)
249 Employees on a fire engine, or five (5) Employees on a ladder truck and two (2) Employees on an
250 ambulance. This minimum staffing requirement may be suspended in the event of an emergency as
251 determined by the Chief, in his/her sole discretion, after consultation with the Union President or the
252 highest ranking available Union officer. Furthermore, the current “8-hour rule” remains in effect,
253 allowing staffing to fall below four (4) Employees on a fire engine and five (5) Employees on a ladder
254 truck and two (2) Employees on an ambulance, so long as that vacancy is not for eight (8) or more
255 hours.
256 Section 3 – Overtime
257
258 A “call back” shall be voluntary unless an emergency is declared by the Chief or the Mayor and may
259 include alteration of the normal work schedule. “Call back” time shall be paid at a rate of time and one-
260 half of the Employee’s regular hourly rate.
261 Section 4 – Call-back Definition
262
263 As used in this Article, “call-back” means requesting or requiring an Employee to work hours in
264 addition to the Employee’sscheduled hours, and “off-duty” means the time other than an Employee’s
265 regularly scheduled working hours or vacation.
266 Section 5 – Fitness Facility
267 The Department shall provide facilities and equipment to allow employees to maintain physical fitness
268 at each fire station. Decisions related to the location of the fitness facilities, as well as the type of and
269 replacement of fitness equipment, are within the sole discretion of the Chief.
270 Section 6 – Bid System
271
272 Carmel Fire Department Rules and Regulations 7.28 will govern the Department bid process, which
273 shall remain in effect throughout the term of this Agreement.
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274 Section 7 –Work Performance Evaluation
275
276 The Carmel Fire Department Work Performance Evaluation (“WPE”) measures an individual’sability to
277 physically perform the essential functions required to execute the duties of a firefighter. The Department
278 has established a minimum level of acceptable performance that protects the safety of the firefighter and
279 provides a measure of an individual’s physical ability to perform the essential, job specific, functions
280 required to effectively execute the duties of a firefighter. WPE shall be Department policy as determined
281 by the labor- management process.
282 Section 8 – Promotions
283
284 The Department’s officer structure shall consist of thirteen (13) Captains and fourteen (14) Lieutenants.
285 In addition to these positions, each shift will have three (3) float Lieutenants. The total number of merit
286 officers will be thirty-six (36); or, one (1) Captain and two (2) Lieutenants per apparatus. The Battalion
287 Chief and Executive Officer position will be staffed by merit Lieutenants and/or Captains.
288 Whenever the number of Operations Section officers on shift falls below thirty-six (36), promotions
289 shall take place within 45 days of initial vacancy. If more than 45 days are needed to promote, as
290 determined by the Chief, consultation between the Union President and the Chief shall take place a
291 minimum of ten (10) days prior to the expiration of this 45-day period, through the labor-management
292 process. Both parties must agree to atimeline that exceeds this 45-day period.
293 Article V – Terms and Conditions of Agreement
294 Section 1 – Funding
295
296 The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under
297 circumstances wherein full funding would not adversely affect a vital governmental function of the City,
298 all financial provisions of this Agreement shall become null and void to the extent they are not funded,
299 and that they will return to the negotiations process to negotiate Agreement terms that are consistent
300 with the level of funding approved by the Common Council.
301 Article VI – Compensation
302
303 Section 1 -- Cost of Living Adjustments
304
305 For salary increase for 2021 and 2022, Employees covered by this agreement shall receive an increase to
306 their base salary of zero percent (0%) in 2021 and one percent (1%) in 2022. The parties hereto agree that
307 should the Consumer Price Index for all Midwestern Wage Earners (“CPI-W”) independent of seasonal
308 adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor for the
309 previous calendar year fluctuate plus or minus 2% from the zero percent (0%) in 2021 and one percent
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310 (1%) in 2022 COLA provided for by this Article, they shall return to the negotiation process to consider
311 a more appropriate COLA
312 The City agrees to promptly consult with the Union, upon request, regarding changes made to an
313 Employee’s working conditions and/or standards. However, subject to Article VI of this Agreement, the
314 salary, bonus, vacation and sick leave benefits in effect for Employees pursuant to this Agreementshall
315 not be reduced without the mutual consent of the City and the Union.
316 Section 2 -- Specialty Pay
317
318 Each Employee shall be entitled to receive no more than two (2) types of specialty pay at any given time.
319 An Employee shall receive the highest specialty pay for which he/she is eligible and pay for one additional
320 specialty. All specialty pay shall cease when an Employee no longer performs the duties associated with
321 the pay or no longer meets the qualifications for such pay, whether the change results from the
322 decision/action of the City or the Employee.
323 Annual Specialty Pay for Employees covered under this Agreement shall be as follows:
324 Paramedic 10% of First-Class Firefighter Salary
325 Mechanic $2000.00
326 Shift Investigator $2000.00
327 Hazardous Materials $2000.00
328 Foreign Language $2000.00
329 Public Information Officer (“PIO”) $3500.00
330 Special Duty Pay $2000.00
331 Station Captain $1500.00
332 Engineer $2500.00
333 Rescue Technician $2000.00
334 An Employee who demonstrates a specified level of fluency in an approved foreign language shall
335 receive Foreign Language Specialty Pay in addition to all other forms of compensation. All such
336 pay must be approved by the Chief and the City’s Director of Human Resources. To continue
337 receiving this compensation, the Employee is required to maintain fluency, and may be
338 periodically re-tested to ensure compliance.
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340 The PIO shall be appointed by the Chief and is subject to change at his/her discretion.
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342 • Special duty pay is for Employees who take on long term responsibilities/projects/ assignments
343 designated by the Chief.
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344 Hazardous Material Technicians shall be paid specialty pay regardless of station assignment.
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346 Station Captain is one (1) Captain per station, total of six (6) positions. Station Captain shall be
347 selected by the Chief.
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349 The following specialty pays shall be paid in addition to up to two (2) of theother forms of annual
350 specialty compensation listed in Section 2 above:
351
352 PIO
353 Special Duty Pay
354 Station Captain
355 Engineer
356
357 Section 3 -- Ride Out Pay
358 1. An Employee shall be entitled an additional $2.00 per hour for each hour he/she is assigned to an
359 ambulance, in addition to all other forms of compensation.
360 2. An officer who fills in for a Battalion Chief shall receive $3.00 per hour ride out pay.
361 3. A firefighter who fills in for an Engineer, Lieutenant or Captain shall receive $2.00 per hour ride out
362 pay, in addition to all other forms of compensation.
363
364 4. Officers filling in for other officers (except for a Battalion Chief) are not eligible for ride out pay.
365 Section 4 -- Longevity Pay
366
367 Sworn firefighters shall receive longevity pay at the rate of Two Hundred and Fifty Dollars ($250.00) per
368 year of service for years 1-10 and Three Hundred and Ten Dollars ($310.00) per year of service for years
369 11-25. Longevity shall be capped at twenty-five (25) years of service or ($7,150.00), in addition to all
370 other forms of compensation.
371 Section 5 -- Pension Contribution
372
373 The City shall maintain membership in the 1977 Fund and shall require members of the Department to
374 meet the eligibility requirements for the Fund. The City shall pay twenty-one percent (21%) of the
375 established Master Firefighter salary for each member of the Department participating in the 1977 Fund.
376 In the event that state actuary reports lower the twenty-one percent (21%) obligation levied upon the City
377 in any fiscal year, that amount shall be reflected as a credit toward the six percent (6.0%) obligation levied
378 upon the members of the Department.
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380
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381 Section 6 -- Holiday Pay
382
383 Each Employee who is required to report to work on a declared holiday, whether on a scheduled or an
384 unscheduled basis, shall receive Fifteen Dollars ($15.00) per hour premium pay for each hour actually
385 worked on said holiday. Such premium pay shall be calculated to the nearest quarter hour.
386 Section 7 -- Master Firefighter Pay
387
388 A firefighter shall not become a First Class/Master Firefighter until he/she has served 10 years. The First
389 Class/Master Firefighter salary, as designated in the City’s annual salary ordinance, shall be certified to
390 the state for pension reporting purposes. A First Class/Master Firefighter is eligible to receive specialty
391 pay and other hourly pay differentials.
392 Section 8 -- Vacation Buy-back
393
394 Employees may submit up to one third (1/3) of their unused annually accrued vacation time. The City may
395 buy back such vacation time and, if it does so, shall buy back each hour of vacation time at the Employee’s
396 hourly rate. Employees must submit their hours (in no less than twenty-four (24) hours increments for
397 Sworn Shift personnel and in no less than 7.5 hour increments for Sworn Staff personnel to the Department
398 on the first Monday of the last pay period of the calendar year. Payment for any submitted vacation time
399 (if approved) shall be rendered by the City before the last day in February of the following year.
400 Sworn Shift Personnel:
401 1 – 5 years Maximum of 2full shifts eligible for submission (48.0 hours)
402 6 – 12 years Maximum of 3full shifts eligible for submission (72.0 hours)
403 13 or more years Maximum of 4full shifts eligible for submission (96.0 hours)
404 Sworn Staff Personnel:
405 1 – 5 years Maximum of 3full shifts eligible for submission (22.5 hours)
406 6 – 12 years Maximum of 5full shifts eligible for submission (37.5 hours)
407 13 or more years Maximum of 6full shifts eligible for submission (45.0 hours)
408 Any Employee who has been suspended from the Department for disciplinary purposes or any Employee
409 having used five (5) or more sick days in a calendar year will be disqualified from this benefit, as permitted
410 by law.
411 Section 9 -- Sick Leave Incentive
412
413 Employees may be eligible for sick leave incentive pay, which is based on the amount of sick leave used
414 in a calendar year as follows:
415 None 24 hours
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416 Equivalent of one (1) shift (or any portion thereof) 20 hours
417 Equivalent of two (2) shifts (or one shift plus any portion of a second) 12 hours
418 Equivalent of three (3) shifts (or two shifts plus any portion of a third) 8 hours
419 Equivalent of four (4) shifts (or three shifts plus any portion of a fourth) 4 hours
420 The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive only, shall be
421 calculated as follows: \[bi-weekly base pay plus (+) longevity\]/80 hours. All sick leave used by an
422 Employee in the course of the calendar year, except leave for injuries incurred on duty or in the line of
423 duty, or as otherwise required by applicable law, shall be counted toward the incentive pay calculation for
424 that year, regardless of the reason for the leave or the status of the leave.
425 Sick leave incentive pay may be paid out each year in February for the prior calendar year at the eligible
426 Employee’s current rate of pay. An Employee must be employed by the Department for an entire calendar
427 year, and must be employed by the City at the time of the payout, in order to be eligible for incentive pay
428 for that calendar year.
429 Section 10 -- Grade and Step
430
431 Definitions:
432 GRADE—pay category to which a City position is assigned; each position is placed within a hierarchy of
433 Grades (see attached matrix), based on the knowledge, skills, abilities and responsibility required by the
434 position.
435 STEP—established point between the Range Minimum and Range Maximum of a Grade; each Grade has
436 six (6) equidistant Steps, which are adjusted annually.
437 MARKET—municipalities and other employer organizations selected by the City as the basis for salary
438 comparisons.
439 RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade; generally, the
440 rate at which a new City employee will be paid.
441 RANGE MAXIMUM—highest pay rate for aCity position in a particular Grade; generally, the rate at
442 which an employee with five (5) or more years of experience in a particular job will be paid.
443 STEP INCREASE—annual pay adjustment based on an additional year of service and the increased
444 knowledge, skill and ability that the year of service represents; employees in Steps one (1) through five
445 (5) will generally move to the next higher Step on January 1 of each year.
446 PROMOTION—change of positions that results in a higher Grade.
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447 RE-EVALUATION—review of a position’s assigned Grade brought about by an increase (or decrease)
448 in knowledge, skill, ability and responsibility requirements; a Re-evaluation, performed by the City’s
449 independent consultant, which may result in a higher Grade, a lower Grade or no change in Grade.
450 1.New Employees shall be hired at Step 1 for their assigned Grade. All requests for exceptions must be
451 put in writing by the Chief and approved by the Director of Human Resources.
452
453 2.Step Increases will be given in January only; increases are to be given the rest of the year only as the
454 result of aPromotion or a job Re-Evaluation by the City’sindependent consultant. All such increases
455 must place the Employee at aspecific Step in the appropriate Grade.
456
457 3.An Employee will not receive a Step Increase in January unless he/she was hired prior to October 1
458 of the previous year. Employees hired between October 1 and December 31 will receive a Cost of
459 Living Increase but no Step Increase.
460
461 4.Step Increases will be granted automatically to employees at Step 5 or below, but may be contingent
462 upon meeting certain pre-established criteria, such as education and certification requirements.
463 Employees subject to such requirements shall be made aware by their existence immediately upon
464 inception of the requirements, or acceptance of a job that carries such requirements.
465
466 5.Every Employee will move up one Step each year without skipping intermediate Steps. Public Safety
467 employees hired on or after January 1, 1999 will receive annual raises in January based on consecutive
468 Steps
469
470 6.No employee’s salary will be allowed to exceed the Range Maximum (Step 6) for his/her Grade,
471 unless his/ her salary was already above Step 6 on January 1, 1999.
472 7.An Employee whose pay is adjusted due to aPromotion will be placed in a Step that will ensure an
473 appropriate pay increase, such Step to be recommended by the Chief and approved by the City’s
474 Director of Human Resources.
475 Article VII – Fringe Benefits
476 Section 1 – Retiree Health Insurance
477
478 A.The City shall contribute fifty percent (50%) of the monthly employee-spouse premium for retirees
479 who have twenty (20) years of active service with the City, plus an additional one percent (1%)
480 for each additional six (6) months of service, up to a maximum of seventy-five percent (75%) of
481 the employee-spouse (or 75% of the employee-only premium if the employee is unmarried or the
482 spouse is not covered by the City plan), provided that the City’s insurance premium contribution
483 shall not exceed Nine Hundred Dollars ($900.00) per month or ($10,800.00) Ten Thousand Eight
484 Hundred Dollars per year.
485
486 B.Coverage for other eligible dependents may be continued at the retiree’s expense.
487
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488 C.The City’s insurance premium contribution cap shall be evaluated each year to keep pace with
489 current health insurance costs.
490
491 D.For an Employee who dies in the line of duty, the City shall contribute 100% of the monthly spouse
492 and dependent (if applicable) medical and dental premiums.
493
494 E.For an Employee who is disabled, the City shall contribute to a disabled employee’s insurance
495 premium according to the formula found in City Code Section 2-42.
496
497 F.Retiree Health Insurance will only be available to employees hired prior to October 3, 2016.
498 Section 2 – Annual Physical
499
500 The City shall continue its practice of providing annual physicals to each Employee at no cost to the
501 Employee made available through a mutually agreeable facility. No changes to the make-up of this
502 physical shall be made without 30 days prior notice to the Union. In the event that changes to specific
503 test and/or components of the medical evaluation are needed, the City will meet with the Union to discuss
504 and receive the Union’s input prior to making any such changes.
505 Section 3 – Uniforms / Safety Gear
506
507 The Department shall issue all uniforms and safety gear through its Quartermaster system.
508 Section 4 – Catastrophic Medical Leave Bank
509
510 All firefighters’ unused sick days shall be credited to the Catastrophic Medical Leave Bank. A firefighter
511 who is unable to perform his/her own duties or to perform light duty assignments for an extended period
512 of time due to illness or injury is eligible for PERF disability benefits, which are less than the firefighter’s
513 active duty pay. Under 35 IAC 2-5-1, the City is not allowed to supplement PERF disability payments. In
514 order to avoid penalizing a firefighter financially during the period of recuperation, the Catastrophic
515 Medical Leave Bank shall allow eligible firefighters to receive up to one hundred twenty (120) calendar
516 days of full pay after sick leave and vacation benefits are exhausted and before PERF disability benefits
517 commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the line of duty), as
518 permitted by law.
519 Section 5 – Tuition Reimbursement
520
521 The City sponsors a tuition reimbursement program subject to Carmel City Code 2-58, as amended, for
522 full-time City employees who are so employed both on the year prior to the beginning of the course for
523 which tuition reimbursement is requested and at the time the final request for reimbursement is made.
524 To be eligible for tuition reimbursement the employee cannot have been subject to disciplinary
525 probation, demotion, or suspension within the 90 calendar days immediately prior to the beginning date
526 of the course for which tuition reimbursement is requested. Refer to Carmel Fire Department Rules and
527 Regulations 4.16 TUITION REIMBURSEMENTS.
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528 Section 6 – Dependent Care
529
530 The City agrees to allow Employees to utilize up to 2 days (48 hours) of their sick time annually for the
531 unexpected care and treatment of a dependent. The Employee may utilize this time in increments of four
532 (4), six (6), or seven and one half (7.5) hours. The City agrees to treat this benefit in the same manner as
533 an Employee sick day. This does not increase the amount of total sick time afforded to an Employee.
534 Section 7 - Tactical Athlete Sports Performance Program
535 The City shall continue its practice of providing a tactical athlete performance program to each
536 Employee at no cost to the Employee at a mutually agreeable facility. No changes to the make-up of
537 this tactical athlete performance program shall be made without 30 days prior notice to the Union. In
538 the event that changes to the program or components of the tactical athlete performance program are
539 deemed necessary by the City, the City will meet with the Union to discuss and receive input on the
540 proposed changes prior to their implementation by the City.
541 Section 8 – Retiree Health Insurance Placeholder Fee
542
543 Effective January 1, 2019, the City of Carmel will allow retired firefighters with at least 20 years of full-
544 time service to the City to drop the City’s health plan when they retire, or any time they become eligible
545 for other coverage, then rejoin the City’s health plan at alater date. Retired firefighters who are not
546 enrolled in the plan when they retire are also eligible for this program. All retiree re-enrollments are
547 subject to the following requirements:
548
549 A. Eligible retirees and their dependents must maintain continuous coverage through another
550 employer-sponsored health insurance program or an individual ACA-compliant plan offered by a carrier
551 licensed by the State of Indiana or, if the retiree has moved out of Indiana, the retiree’s state of
552 residence.
553
554 B. Proof of coverage must be submitted at the time of re-enrollment to the City’s Department of
555 Human Resources.
556
557 C. The retiree must submit the required paperwork on atimely basis to retain the right of re-
558 enrollment.
559
560 D. Eligible retired firefighters can rejoin the plan under the following circumstances:
561
562 1. Any year during the open enrollment period.
563 2. Following a change in family status, provided application is made within 30 days of the
564 change. Such changes must be verified with appropriate documents.
565
566 E. Eligibility for the City’splan ends when the retiree or covered dependent qualifies for Medicare.
567
568 F. Eligible retired firefighters who fail to follow the foregoing rules shall forfeit their eligibility for re-
569 enrollment.
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570
571 Section 9 – Additional Benefits
572 In addition to any other benefits set forth in this Agreement , Employees shall receive an additional
573 vacation day (24 hours) upon completion of 25 years of service, and the City shall contribute to their
574 employee health savings accounts in the following amounts:
575 Employee Only - From $600.00 to $800.00
576 Employee/Spouse - From $800.00 to $1,000.00
577 Employee/Child(ren) From $800.00 to $1,000.00
578 Employee/Family From $1,000.00 to $1,200.00
579 Section 10 – Other Benefits
580
581 The City shall not diminish any additional employee benefit included in its employee handbook but not
582 part of this Agreement. This obligation shall continue through Agreement termination and said
583 handbook is hereby included and made a part hereof by reference.
584 Section 11- Force Majeure
585 Neither party shall be liable for its failure to perform any of its obligations under this Agreement that
586 have become practicably impossible because of circumstances beyond the reasonable control of that
587 party. Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism;
588 government acts or orders; epidemics, pandemics; and, national, state, county, or City emergencies.
589 Written notice of a party’sfailure or inability to perform due to force majeure shall be given to the other
590 party within seven (7) business days from the date of the substantial commencement of the force
591 majeure event and shall describe the event (and is commencement date) therein with reasonable
592 certainty. The parties agree to meet and discuss proposed changes to each side’s performance
593 obligations under the Agreement necessitated by a force majeure event and shall utilize reasonable
594 efforts to come to terms on any amendment to the Agreement. Any amendments to the Agreement shall
595 be incorporated within the Agreement as if fully set forth herein and shall be in writing and signed by
596 both parties.
597
598 SO APPROVED AND ADOPTED.
599
600
601
602
603
604
605
606
607
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Sponsor: Councilor Rider
This Resolution was prepared by Jon Oberlander, Assistant Corporation Counsel, on December 11, 2020 at 3:45 p.m. No
subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
RESOLUTION CC 12-21-20-09
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING THE CONTRACT WITH THE CARMEL PROFESSIONAL
FIREFIGHTERS ASSOCIATION
Synopsis: Approves the contract between the City of Carmel and the Carmel Professional
Firefighters Association that will be effective until December 31, 2022.
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 12-21-20-09
Page One of Two Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
Sponsors: Councilors Finkam, Rider, Carter
Campbell, Kimball and Worrell
PASSED by the Common Council of the City of Carmel, Indiana this _____ day of
_________________ 2020, by a vote of _________ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ______________________________
Sue Finkam, President Kevin D. Rider, Vice President
___________________________________ _____________________________
H. Bruce Kimball Laura Campbell
___________________________________ ______________________________
Anthony Green Jeff Worrell
___________________________________ _____________________________
Timothy J. Hannon Miles Nelson
______________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2020, at _______ __. M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, the Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2020, at _______ __. M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
CC 12-21-20-09
Page Two of Two Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
08
A
February
February
8:30
8:30
3rd
1st
February
Not Present
3rd
A