HomeMy WebLinkAboutFraternal Order of Police/CPD/FOP-2021-FINAL; Fraternal Order of Police Lodge #18; AgreementCzKpoPcfsmboefsbu3;15qn-Kbo38-3132
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7 Agreement Between
8 City ofCarmel
9 and
10 Fraternal Order ofPolice Lodge #185
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12 Effective 30days from and after the dateon which itisapproved by the
13 Common Council and thereafter continuing through December 31, 2022
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1
2 AGREEMENT
3
4Section 1
5This Agreement (“Agreement”) is entered into by and between the City of Carmel (“City”), represented
6by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”) and the
7City’s Common Council (“Common Council”), and the Fraternal Order of Police Lodge #185 (“FOP”)
8represented by the Wage and Benefits Committee (“Representative Unit”). This Agreement shall not be
9construed as a collective bargaining agreement for purposes of Federal or State labor laws or otherwise.
10Section 2
11The City recognizes the FOP as the exclusive representative agent for all sworn members of the Carmel
12Police Department (“Department”) with the merit rank of Lieutenant or below for the limited purpose of
13meeting and conferring with respect to salaries, wages, and other employee benefits so long as the FOP
14maintains the support of a majority of those police officers. Members of the Department holding the
15merit rank of Lieutenant or below shall be hereinafter be referred to as “Employee” or “Employees,” and
16the group of employees represented by the FOP as their exclusive representative shall be hereinafter
17collectively referred to as the “Representative Unit.” If the City questions whether the FOP has the
18support of the majority of the Employees in the Representative Unit, it may review the Clerk’s records
19and/or certified records provided by the FOP to determine if the FOP maintains the support of a majority
20of the Employees in the Department. If the FOP does not maintain the support of a majority of the
21Employees in the Department, the City shall not recognize the FOP as the exclusive representative of
22those Employees at the end of the calendar year in which such majority support is lost.
23
24Section 3
25If any provision of this Agreement is rendered or declared invalid by a court action or legislation, the
26remaining portions of this Agreement shall remain in full force and effect.
27
28Section 4
29The FOP and the City will begin negotiations, in good faith, on a future agreement before the termination
30of this Agreement.
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1Section 5
2Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement shall take
3effect thirty (30) days from and after the date on which it is approved by the Common Council,and shall
4remain in effect until 11:59 p.m. on December 31, 2022. The FOP and the City shall begin negotiations,
5in good faith, on a future labor agreement no later than June 2022. This Agreement shall remain in full
6force and effect, unless either party desiring to amend this Agreement shall notify the other in writing.
7Notice of a request for amendment shall specify the content of any and all proposed amendments. If a
8new agreement is not executed before the end of this Agreement, then this Agreement shall remain in
9effect until a new agreement is executed by the parties hereto.
10Section 6
11
12The terms of this Agreement are intended to cover only minimums in hours, salaries, wages and certain
13other Employee benefits. The City may implement or retain in effect superior salaries, wages, hours and
14other Employee benefits.
15Section 7
16A.Dues Collection. Upon receipt of voluntary, written, signed and dated authorization form
17from Employees of the Representative Unit who are members of the FOP, the City shall
18deduct each month from the earnings of each said Employees an amount representing their
19regular, monthly dues for the preceding month and shall remit such monies, together with
20the appropriate records, to a designated FOP official. The City shall not be liable to the
21FOP for failure to make deductions or errors in deductions for dues. The FOP will
22indemnify the City and hold it harmless from any or all claims or liabilities which may
23arise under this paragraph.
24
25B.Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient location to
26be used by the FOP, for the purpose of posting FOP notices and other FOP materials. The
27City reserves the right to remove inappropriate materials provided that the City provides
28notice to the FOP and the reason for such removal.
29
30C. Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose
31of conveying FOP announcements to members of the Department after securing the
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1approval of the Police Chief (“Chief”) or his/her designee, which approval shall not be
2unreasonably withheld, and shall not be denied without due cause.
3
4Section 8
5
6A.There shall be a FOP Wage and Benefits Committee composed of five (5) members. A
7Wage and Benefits Committee Shall be convened prior to the expiration of the current
8Agreement. Three (3) members of the Wage and Benefits Committee shall be appointed
9by the Executive Board of the FOP and two (2) representatives appointed by the Chief.
10The Chief and Mayor, or their representatives, shall meet and confer not less than twice
11annually, for the purposes of discussing wage and benefit issues affecting Employees.
12Discussions at said meetings shall be limited to the subject matter included in the agenda
13submitted by the FOP to the Chief or by the Chief to the FOP at least seven (7) calendar
14days prior to the agreed upon meeting date.
15
16B. The City shall grant to the FOP and its members one thousand (1,000) hours total annually
17to be used to perform FOP duties such as, but not limited to, FOP conventions,
18conferences, and seminars. The FOP member requesting such time shall submit such
19request to the FOP President for approval, and then shall submit the appropriate form to
20his/her immediate supervisor for Department approval, which approval shall not be
21unreasonably withheld subject to the staffing and operations need of the Department as
22determined by the Chief. Such approval shall not be denied without due cause.
23
24Section 9
25
26A.The Chief shall maintain personnel files for all Employees. Employees shall be allowed to
27examine the contents of their own personnel file, in the Chief’s office, during regular City
28business hours and, upon request, may receive copies of the documents contained in their
29personnel files.
30
31B. Employees may not remove any document from their personnel file, but may challenge, in
32writing, any data believed to be inaccurate. The Chief shall direct an investigation of all
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1such challenges. If there exists any comment adverse to an Employee’s interest contained
2in his personnel file, the employee may file a written response to same with the Chief.
3With approval of the Chief, which approval shall not be unreasonably withheld, this
4response shall be attached to said adverse comments. It is understood and agreed that
5information retained by the Internal Affairs files shall not be included in an Employee’s
6personnel file or available for review and/or copying by such employee. Further, once an
7employee is scheduled for interrogation by the Department concerning an internal
8investigation, he or she will be informed of the nature of the complaint but not the name of
9the complainant. The Employee, upon request, shall be afforded the opportunity to consult
10with legal counsel prior to any Departmental interrogation, which consultation shall not be
11allowed to materially delay the timing of the interrogation. Before any interrogation that
12has the reasonable potential, based upon the facts and circumstances then known, to lead to
13criminal charges, the Department shall advise the Employee of his/her Garrity rights. The
14impact of an Internal Affairs investigation on the integrity of the Department and on
15employee morale necessitates a timely resolution to such issues. Therefore, the
16Department requires a thirty (30) day limit for completing an Internal Affairs investigation
17with status reports due every seven (7) days. There may be exceptions to the thirty-day
18limit, but extensions should only be granted for those cases in which extenuating
19circumstances exist. Employees who are subject to investigation by Internal Affairs shall
20be individually notified in writing of the disposition of said investigation within thirty (30)
21days of said final disposition.
22
23C.When a FOP member (“Member”) is interviewed, formally or informally, regarding a
24matter that might lead to disciplinary action, if that Member requests an FOP
25representative, all questioning will cease for a reasonable period of time (not to exceed 24
26hours) until an FOP representative (selected by the FOP) can be present.
27D.The parties hereto agree that ifchanges are sought to the extra duty or off duty
28employment policy, they shall meet and discuss the proposed changes and make a
29reasonable effort to reach a mutually agreeable solution.
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1Section 10
2The City shall make reasonable provisions for the safety and health of Employees during the hours of
3their employment. It shall maintain its equipment and facilities in safe operating condition in accordance
4with Federal, State, and local law. The City shall provide, at its expense, the equipment for special teams,
5as directed by the Chief.
6Section 11
7Although the parties recognize that it is difficult to compare different pay and work structures as to ensure
8exact mathematical equivalencies, the City agrees that, to the extent possible, to ensure that Employees
9receive the equivalent compensation in pay and benefits received by all City public safety employees.
10
11A. Base Pay. All 2021 base salaries shall be adjusted consistent with the salary survey
12conducted by the City in 2016. Salaries shall be as follows:
13Lieutenant $92,968
14Sergeant $83,118
15First Class/Master Patrol Officer $75,971
16Certification and 4 - 10 years’ experience: $61,057- $73,269
17
18Base salary increases shall conform to the guidelines listed below:
19Definitions
20
21GRADE—pay category to which a City position is assigned; each position is placed
22within a hierarchy of Grades (see attached matrix), based on the knowledge, skills, abilities
23and responsibility required by the position.
24
25STEP—established point between the Range Minimum and Range Maximum of a Grade;
26each Grade has six (6) equidistant Steps, which are adjusted annually.
27
28MARKET—municipalities and other employer organizations selected by the City as the
29basis for salary comparisons.
30
31RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade;
32generally, the rate at which a new City employee will be paid.
33
34RANGE MAXIMUM—highest pay rate for a City position in a particular Grade;
35generally, the rate at which an employee with five (5) or more years of experience in a
36particular job will be paid.
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1STEP INCREASE—annual pay adjustment based on an additional year of service and the
2increased knowledge, skill and ability that the year of service represents; employees in
3Steps one (1) through five (5) will generally move to the next higher Step on January 1 of
4each year.
5
6PROMOTION—change of positions that results in a higher Grade.
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8RE-EVALUATION—review of a position’s assigned Grade brought about by an increase
9(or decrease) in knowledge, skill, ability and responsibility requirements; aRe-evaluation,
10performed by the City’s independent consultant, which may result in a higher Grade, a
11lower Grade or no change in Grade.
12
13Grade and Step
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151.New Employees hired with no experience start at Grade 11, Step 1. The exception to this
16rule shall apply to new Employees hired under the lateral employment program. The
17following matrix shall apply:
18
19Entry level starting salary (no experience): Grade 11, Step 1
20Academy Certification and up to 1 year of experience: Grade 11, Step 2
212 years experience: Grade 11, Step 3
223 years experience: Grade 11, Step 4
234 or more years experience: Grade 11, Step 5
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252.Step Increases will be given in January only; increases are to be given the rest of the year
26only as the result of a Promotion or a job Re-Evaluation by the City’s independent
27consultant. All such increases must place an Employee at a specific Step in the appropriate
28Grade.
29
303.An Employee will not receive a Step Increase in January unless he/she was hired prior to
31October 1 of the previous year. Employees hired between October 1 and December 31 will
32receive a Cost of Living Increase but no Step Increase.
33
344.Step Increases may be contingent upon meeting certain pre-established criteria, such as
35education and certification requirements. Employees subject to such requirements shall be
36made aware by their existence promptly upon inception of the requirements, or acceptance
37of a job that carries such requirements.
38
395.No Employee’s salary will be allowed to exceed the Range Maximum (Step 6) for his/her
40Grade, unless his/her salary was already above Step 6 on January 1, 1999.
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16.An Employee whose pay is adjusted due to a Promotion will be placed in a Step that will
2ensure an appropriate pay increase, such Step to be determined by the Chief of Police or
3his designee.
4
5B. Cost-of-Living Adjustment.
6The 2021 salaries include a 0% cost-of-living adjustment (COLA) and for year 2022
7include a 1% (COLA). The parties hereto agree that should the Consumer Price Index for
8all Midwestern Wage Earners (“CPI-W”) independent of seasonal adjustment, as reported
9by the Bureau of Labor Statistics of the United States Department of Labor for the time
10period of from June 2020 to June 2021 fluctuate plus or minus 1%, the parties shall return
11to the negotiation process to consider a more appropriate COLA.
12
13C. Shift Differential. Shift Differential for Employees whose shifts begin at or after 2:00 PM
14shall receive One Dollar ($1.00) an hour.
15
16D. FTO Pay. FTO (Field Training Officer) pay for Employees shall receive position pay in
17the amount ofFive Dollars ($5.00) an hour on top of their regular pay. Such additional
18compensation shall be paid only to those Employees when they are actually functioning in
19such position, when training a new officer.
20
21E. Overtime Pay. Overtime compensation for Employees shall be in addition to the amounts
22specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and
23the City’s most current compensation ordinance as adopted by the Common Council.
24
25F. Court Time and Call Out Time. Employees shall receive a minimum of two (2) hours
26compensation for court sessions attended during non-working hours for andany time an
27Employee is called in off-duty for work related business.Employees called in for
28unscheduled work-related business, such as shift coverage, a special team’s emergency call
29out, or any other non-scheduled mandatory callback, shall be compensated at the pay rate
30of time and a half. An Employee may not receive compensation time in lieu of time and a
31half for these specific types of mandatory callbacks.
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1G. Longevity Pay. Full-time Employees shall receive longevity pay at the rate of Two
2Hundred Fifty Dollars (250.00) per year of service for years 1-10 and Three Hundred Ten
3Dollars (310.00) per year of service for years 11-25. Longevity shall be capped at 25 years
4of service or $7,150.00, in addition to all other forms of compensation.The rate of
5longevity pay shall be evaluated each year. Longevity pay terms and conditions shall
6conform to the City’s current longevity ordinance as adopted by the Common Council.
7
8H. Positional Pay. Employees who meet the criteria specified by the Department and who
9serve in the position of investigator (CID and SID) or school resource officer (SRO) are
10eligible for positional pay, in addition to all other forms of compensation. Supervisors of
11these units are not eligible for positional pay.
12
13Investigator (Patrol/Detective Only) $3,000 Per Year
14School Resource Officer $3,000 Per Year
15
16I. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and
17Regulations may qualify for the specialty pay, in addition to all other forms of
18compensation:
19Personnel Specialist/FTO Coordinator $2,500. 00 Per Year
20Firearms Range/Training Coordinator $2,500.00 Per Year
21K-9 Handler $1,500.00 Per Year
22K-9 Coordinator $2,500.00 Per Year
23Foreign Language Interpreter $2,000.00 Per Year
24Special Weapons And Tactics (SWAT) $2,500.00 Per Year
25Emergency Response Group (ERG) $2,000.00 Per Year
26Traffic Division (Motorcycle Patrol Officer) $1,500.00 Per Year
27Accident Investigator Up to $1,500.00 Per Year
28Field Evidence Technician $2,500.00 Per Year
29Drug Recognition Officer $1,000.00 Per Year
30IDACS Coordinator $1,000.00 Per Year
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1Child Safety Seat Technician $1000.00 Per Year
2Unmanned Aircraft Systems (UAS) $1,500.00 Per Year
3Honor Guard $1,000.00 Per Year
4Police Officer Support Team $1,000.00 Per Year
5Negotiator $1,500.00 Per Year
6
7Employees who achieve certification levels associated with the following hours are eligible
8for the corresponding specialty pay: 80hrs-$1500.00, 160hrs-$2,000.00, 240hrs-$2500.00.
9Each Employee shall be entitled to receive no more than two (2) types of specialty pay at
10any given time, with the exception of Foreign Language Interpreter. The Employee shall
11receive the highest two types of specialty pay for which he/she is eligible. All specialty pay
12shall cease when an Employee no longer performs the duties associated with the pay or no
13longer meets the qualifications for such pay.
14
15J. First Class/Master Patrol Officer Pay. The First Class/Master Patrol Officer pay, as stated
16in Section A above, shall increase at the same percentage rate as a Patrol Officer. A First-
17Class Master Patrol Officer is eligible to receive specialty pay and other hourly specialty
18pay differentials. The City agrees to certify First Class Master Patrol as First-Class salary
19to the 1977 Fund.
20
21K. Accident Investigators, Certified Instructors, Employees designated as Accident
22Investigators, who have not yet met the qualifications as a part of Section 11, Part I of this
23Agreement, and Certified Instructors shall receive up to Three Dollars ($3.00) per hour for
24performing the duties associated with these functions, in addition to all other forms of
25compensation.
26
27 L. Clothing Allowance. Employees with twelve (12) months of service in the Department
28shall receive a clothing allowance of One Thousand Four Hundred Dollars ($1400.00) per
29year, to be paid in a lump sum on or before April 1 of each year. Such payment shall be
30treated as taxable income.
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1
2M. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, which
3is based on the amount of sick leave used in a calendar year as follows:
4
5No sick leave used 24 hours
6Up to and including one (1) shift used 20 hours
7Over one (1) to and including two (2) shifts used 12 hours
8Over two (2) to and including three (3) shifts used 8 hours
9Over three (3) to and including four (4) shifts used 4 hours
10Over four (4) shifts used 0 hours
11
12The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive
13only, shall be calculated as follows: \[bi-weekly base pay plus (+) longevity\]/80 hours. All
14sick leave used by an Employee in the course of the calendar year, except leave for injuries
15incurred on duty or in the line of duty, shall be counted toward the incentive pay
16calculation for that year, regardless of the reason for the leave or the status of the leave.
17Sick leave incentive pay may be paid out each year in February, for the prior calendar year,
18at the eligible Employee’s current rate of pay. An Employee must be employed by the
19Department for an entire calendar year, and must be employed by the City at the time of
20the payout, in order to be eligible for incentive pay for that calendar year.
21
22N. Holiday Pay. Each Employee who is required to report to work on a declared holiday,
23mwhether on a scheduled or an unscheduled basis, shall receive Thirteen Dollars ($15.00)
24per hour premium pay for each hour actually worked on the holiday. Such premium pay
25shall be calculated to the nearest quarter hour.
26
27O. Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees
28in effect at the time of the execution of this Agreement.
29
30P. Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in
31effect at the time of the execution of this Agreement.
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1Q. Trade Days. Employees shall be permitted to voluntarily trade work days, subject to the
2advance approval of the Chief or his designee. Such traded regular work shifts shall be
3exempted from the computation of overtime hours. Trade days must be balanced by the
4end of the 28-day work period and must be documented on the appropriate City form.
5Subject to advance approval of the his/her supervisor, an Employee will be allowed to
6trade days with another Employee of the same rank, within the same 28-day period. Once
7the trade has been approved, the trading Employees will be considered members of their
8traded shift for that day and responsible for their attendance and manpower requirements;
9as if it were their own shift. In the event of an absence, normal procedures to fill
10manpower requirements will be followed (i.e. the original Employee will not be required to
11cover the shift). The Department will have the unilateral right, after meeting and
12conferring with the FOP, to discontinue or alter the procedure for trading days.
13
14R. Leave of Absence. Employees may be granted leaves with or without pay in accordance
15with Federal, State or local law. All leaves of absence shall be subject to the approval of
16the Chief.
17
18S. Catastrophic Medical Leave Bank. All Employee unused sick days shall be credited to the
19Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An Employee who
20is unable to perform his/her own duties or to perform light duty assignments for an
21extended period of time due to illness or injury is eligible for PERF disability benefits,
22which are less than the Employee’s active duty pay. Under 35 IAC 2-5-1, the City is not
23allowed to supplement PERF disability payments. In order to avoid penalizing an
24Employee financially during the period of recuperation, the Catastrophic Medical Leave
25Bank shall allow eligible Employees to receive up to one hundred twenty (120) calendar
26days of full pay after sick leave and vacation benefits are exhausted and before PERF
27disability benefits commence (two hundred forty (240) calendar days for injuries or
28illnesses incurred in the line of duty).
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30
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1T. Retiree Health Insurance. The City shall contribute fifty percent (50%) of the monthly
2employee-spouse premium for retirees who have twenty (20) years of active service with
3the City, plus an additional one percent (1%) for each additional six (6) months of service,
4up to a maximum of seventy-five percent (75%) of the employee-spouse (or 75% of the
5employee-only premium if the employee is unmarried or the spouse is not covered by the
6City plan), provided that the City’s insurance premium contribution shall not exceedNine
7Hundred Dollars ($900.00) per month or Ten Thousand Eight Hundred Dollars
8($10,800.00) per year. Coverage for other eligible dependents may be continued at the
9retiree’s expense. The City’s insurance premium contribution cap shall be evaluated each
10year to keep pace with current health insurance costs.For an Employee who dies in the line
11of duty, the City shall contribute 100% of the monthly spouse and dependent (if
12applicable) medical and dental premiums. For an Employee who is disabled, the City shall
13contribute to insurance premium according to the formula found in City Code Section 2-
1442.Retiree Health Insurance will only be available for Employees hired prior to October 3,
152016.
16U. Retiree Health Insurance Re-Enrollment. Effective January 1, 2019, the City will allow
17retired police officers with at least 20 years of full-time service to the City to drop the
18City’s health plan when they retire, or any time they become eligible for other coverage,
19then rejoin the City’s health plan at a later date. Retired police officers who are not
20enrolled in the plan when they retire are also eligible for this program. All retiree re-
21enrollments are subject to the following requirements:
22
231.Eligible retirees and their dependents must maintain continuous coverage
24through another employer-sponsored health insurance program or an individual
25ACA-compliant planoffered by a carrier licensed by the State of Indiana or, if
26the retiree has moved out of Indiana, the retiree’s state of residence.
27
282.Proof of continuous coverage must be submitted at the time of re-enrollment to
29the City’s Department of Human Resources.
30
31
32
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13.Eligible retired police officers can rejoin the plan under the following
2circumstances:
3
4A. Any year during the open enrollment period.
5
6 B. Following a change in family status, provided application is made
7 within 30 days of the change. Such changes must be verified with
8 appropriate documentation.
9
104. Eligibility for the City’s plan ends when the retiree or covered dependent qualifies
11for Medicare.
12
135. Eligible retired police officers who fail to follow the foregoing rules shall forfeit
14their eligibility for re-enrollment.
15
16V. Police and Fire Employee INPRS. The City shall maintain membership in the 1977 Fund
17and shall require members of the Department to meet the eligibility requirements for the
18Fund. The City shall pay twenty-one percent (21%) of the established Police Officer First
19class salary for each member of the Department participating in the 1977 Fund. In the
20event that state actuary reports are lower than the twenty-one percent (21%) obligation
21levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the
22six percent (6%) obligation levied upon the members of the Department.
23W. Vacation Buy-Back: Employees may submit up to one third (1/3) of their unused annually
24accrued vacation time. The City may buy back some or all of such vacation time and, if it
25does so, shall buy back each hour of vacation time at the Employee’s hourly rate.
26Employees must submit their hours in no less than eight (8) hour increments to the
27Department on the first Monday of the last pay period of a calendar year. Payment for any
28submitted vacation, if approved, shall be rendered by the City before the last day in
29February of the following year.
30 Sworn Personnel:
31
32 1-5 years Maximum of 4 full shifts eligible for submission (32 hours)
33 6-20 years Maximum of 6 full shifts eligible for submission (48 hours)
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1 21 or more years Maximum of 7 full shifts eligible for submission (56 hours)
2Any Employee who has been suspended from the Department for disciplinary purposes or
3any Employee having used five (5) or more sick days in a calendar year will be
4disqualified from this benefit as permitted by law, for the year in which the suspension
5occurred, or more than (5) sick days were used. The only exception to this rule would be
6an on-duty injury. The hourly rate of pay for each eligible employee, for the purposes of
7this pay incentive only, shall be calculated as follows: \[bi-weekly base pay plus (+)
8longevity\]/80 hours.
9
10X. Tuition Reimbursement. The City sponsors a tuition reimbursement program subject to
11City Code § 2-58, as amended, for full-time City employees who are so employed both on
12the year prior to the beginning of the course for which tuition reimbursement is requested
13and at the time the final request for reimbursement is made. To be eligible for tuition
14reimbursement the employee cannot have been subject to disciplinary probation, demotion,
15or suspension within the 90 calendar days immediately prior to the beginning date of the
16course for which tuition reimbursement is requested.
17
18Y. Dependent Care. The City agrees to allow employees to utilize up to 5 days of their sick
19time annually for the unexpected care and treatment of a dependent. The City agrees to
20treat this benefit in the same manner as an employee sick day. This does not increase the
21amount of sick time afforded to an employee.
22
23Z. On Call. Employees who are on call shall be compensated at aflat rate of ten dollars
24($10.00) per shift for regular weekdays and twenty-five dollars ($25.00) per shift for
25Saturday, Sunday and City Holidays, in addition to all other forms of compensation. If an
26Employee is called in, he/she will receive monetary compensation for the hours he/she
27actually works.
28
29AA. Additional Benefits. In addition to any other benefits set forth in this Agreement or in the
30City’s employee handbook, Employees shall receive an additional vacation day upon
31completion of 25 years of service, and the City shall contribute to their employee health
32savings accounts in the following amounts:
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1Employee Only From $600.00 to $800.00
2Employee/Spouse From $800.00 to $1,000.00
3Employee/Child(ren) From $800.00 to $1,000.00
4Employee/Family From $1,000.00 to $1,200.00
5
6BB. No Diminishment of Benefits.The City shall not diminish any employee benefit included
7in its employee handbook but not part of this Agreement. This obligation shall continue
8through Agreement termination, and said handbook is hereby included and made a part
9hereof by reference.
10
11Section 12
12The City shall allow FOP meetings to be held in City buildings at times agreed to by the Chief. The FOP
13will be responsible for the care and security of the building during such meetings. The City will allow the
14FOP to utilize electronic bulletin boards, e-mail systems, Internet access and paging systems in
15accordance with existing City policies.
16Section13
17No Employee will be required to join, support or pay dues to the FOP. There shall be no discrimination,
18interference, restraint or coercion by the City or FOP against any Employee for activities or membership
19in the FOP, or a refusal to support, be active in or become a member of the FOP.
20
21Section 14
22The FOP agrees that it is the exclusive right of the City to:
23
24(A) Maintain order, discipline and efficiency in the operations of the Department;
25(B) Hire, direct, transfer, promote, discharge or otherwise discipline Employees in
26accordance with law;
27(C) Operate and manage the work of the Department;
28(D) Allocate personnel, apparatus, police stations and sub-stations and other resources in a
29manner the Chief believes is in the best interest of public safety and the safety of
30personnel; and
31(E) In addition, all terms and conditions of employment not addressed above in this
32Section or otherwise in this Agreement shall continue to be provided in and at the sole
33discretion of the City.
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DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F
1
2The FOP and the City agree to work together in good faith to resolve labor/management issues covered
3within the purview of this Agreement. The FOP agrees to encourage its members to follow all Department
4rules, policies and procedures and to strive to improve their skills to ever-higher levels, and the City
5agrees to enforce its rules in a fair and impartial manner.
6Section 15
7The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under
8circumstances wherein full funding would not adversely affect a vital governmental function of the City,
9all financial provisions of this Agreement shall become null and void to the extent they are not funded,
10and that they will return to the negotiation process to negotiate Agreement terms that are consistent with
11the level of funding approved by the Common Council. The City agrees to promptly consult with the FOP
12Executive Board, upon request, regarding changes made to an Employee’s working conditions and/or
13standards. However, subject to Section 11 of this Agreement, the salary, bonus, vacation and sick leave
14benefits in effect for Employees pursuant to this Agreement shall not be reduced without the mutual
15consent of the City and the FOP Executive Board.
16
17Section16
18Neither party shall be liable for its failure to perform any of its obligations under this Agreement that have
19become practicably impossible because of circumstances beyond the reasonable control of that party.
20Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism;
21government acts or orders; epidemics, pandemics; and, national, state, county, or City emergencies.
22Written notice of aparty’s failure or inability to perform due to force majeure shall be given to the other
23party within seven (7) business days from the date of the substantial commencement of the force majeure
24event and shall describe the event (and is commencement date) therein with reasonable certainty. The
25parties agree to meet and discuss proposed changes to each side’s performance obligations under the
26Agreement necessitated by aforce majeure event and shall utilize reasonable efforts to come to terms on
27any amendment to the Agreement. Any amendments to the Agreement shall be incorporated within the
28Agreement as if fully set forth herein and shall be in writing and signed by both parties.
29
30SO APPROVED AND ADOPTED.
31
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DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F
SPONSOR: Councilor Rider
This Resolution was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on December 11 at 1:31 p.m. No subsequent
revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
RESOLUTION CC 12-21-20-08
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING THE CONTRACT WITH THE CARMEL FRATERNAL ORDER OF POLICE
LODGE 185
Synopsis: Approves the amended contract between the City of Carmel and the Carmel Fraternal
Order of Police Lodge 185 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 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
WHEREAS, the City and the FOP now wish to revise their contractual relationship; and
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.
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 12-21-20-08
Page One of Two Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR: Councilor Rider
This Resolution was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on December 11 at 1:31 p.m. No subsequent
revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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 12-21-20-08
Page Two of Two Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
1st
8:30
February 9:30
3rd
8
Not Present
February
A
0
3rd
February
A
Amendment to Agreement Between City of Carmel and Fraternal Order of Police Lodge #185
This Amendment is entered into by and between the City of Carmel, Indiana, by and through its Board
of Public Works and Safety, and the Fraternal Order of Police Lodge #185 (collectively, the “Parties”)
pursuant to the Agreement Between City of Carmel and Fraternal Order of Police Lodge #185 approved
by the Carmel Common Council on February 1, 2021 and approved and signed by the Carmel Board of
Public Works and Safety on February 3, 2021 (the “Agreement”).
The Parties agree that Section 11, Subsection I. of the Agreement is hereby amended to read as follows:
I. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and
Regulations may qualify for the specialty pay, in addition to all other forms of
compensation:
Personnel Specialist/FTO Coordinator $2,500.00 Per Year
Firearms Range/Training Coordinator $2,500.00 Per Year
K-9Handler $1,500.00 Per Year
K-9 Coordinator $2,500.00 Per Year
Foreign Language Interpreter $2,000.00 Per Year
Special Weapons And Tactics (SWAT) $2,500.00 Per Year
Emergency Response Group (ERG) $2,000.00 Per Year
Traffic Division (Motorcycle Patrol Officer) $1,500.00 Per Year
Accident Investigator Accident Investigators who achieve
certification levels associated with the following hours are eligible for the
corresponding specialty pay: 80hrs-$1500.00, 160hrs-$2,000.00, 240hrs-
2500.00.
Field Evidence Technician $2,500.00 Per Year
Drug Recognition Officer $1,000.00 Per Year
IDACS Coordinator $1,000.00 Per Year
Child Safety Seat Technician $1,000.00 Per Year
Unmanned Aircraft Systems (UAS) $1,500.00 Per Year
Honor Guard $1,000.00 Per Year
Police Officer Support Team $1,000.00 Per Year
Negotiator $1,500.00 Per Year
DocuSign Envelope ID: BAC14518-E243-43C0-AD6B-3CADC01D6170