HomeMy WebLinkAboutAmend/Carmel/FOP Lodge #185 AGREEMENT
BETWEEN
CITY OF CARMEL
AND
FRATERNAL ORDER OF POLICE LODGE #185
AS AMENDED
EXHIBIT "A" - Page I of 10
AGREEMENT
Section I
This Agreement ("Agreement") is entered into by and between tile City of Carmel ("City"),
represented by the Mayor of the City ("Mayor"), the City's Board of Public Works and Safety ("Board")
and the City's Common Council ("Common Council"), and the Fraternal Order of Police Lodge #185
("FOP") represented by the Wage and Benefits Committee ("Representative Unit"). This Agreement is
and shall not be construed as a collective bargaining agreement for purposes of Federal or State labor laws
or (otherwise).
Section 2
The City recognizes the FOP as the exclusive representative agent for all members of the Carmel
Police Department ("Department") with tile merit rank of Lieutenant or below for the limited purpose of
meeting and conferring with respect to salaries, wages, and other employee benefits so long as the FOP
maintains the support of a majority of those police officers. Members of the Department holding the
merit rank of Lieutenant or below shall be hereinafter collectively referred to as "employees" and the
group of employees represented by the FOP as their exclusive representative shall be hereinafter
collectively referred to as the "Representative Unit." If the City questions whether the FOP has the
support of the majority of the employees in the Representative Unit, it may review the Clerk-Treasurer's
records and/or certified records provided by the FOP to determine if the FOP maintains the support of a
majority of the Employees in the Department. If the FOP does not maintain the support of 2/3 (two-
thirds) majority of the members, the City shall not recognize the FOP as the exclusive representative of
the employees at the end of the calendar year in which such majority support is lost.
Section 3
If any provision of this Agreement is rendered or declared invalid by a court action or legislation,
the remaining portions of this Agreement shall remain in full force and effect.
Section 4
The FOP and the City will begin negotiations, in good faith, on a future agreement before the
termination of this Agreement.
EXHIBIT "A" - Page 2 of 10
Section 5
Upon its proper execution by all parties hereto, find subject to Section 2 above, this Agreement
shall take effect at 12:01 a.m. on January 1, 2005 and remain in et~fect until 11:59 p.m. on December 31,
2006.
Section 6
The terms of this Agreement are intended to cover only minimums in hours, salaries, wages and
certain other employee benefits. The City may implement or retain in effect superior salaries, wages,
hours and other employee benefits.
Section 7: Dues, Bulletin Board
A. Dues Collection. Upon receipt of voluntary, written, signed and dated authorization form
from Employees of the Representative Unit who are members of the FOP, the City shall
deduct each month from the earnings of each said Employees an amount representing their
regular, monthly dues for the preceding month and shall remit such monies, together with
the appropriate records, to a designated FOP official. The City shall not be liable to the
FOP for failure to make or errors in deductions for dues. The FOP will indemnify the City
and hold it harmless from any or all claims or liabilities which may arise under this
paragraph.
B. Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient location to
be used by the FOP, for the purpose of posting FOP notices and other FOP materials. The
City reserves the right, with notice to the FOP, to remove inappropriate materials.
C. Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose
of conveying FOP announcements to members of the Department after securing the
approval of the Chief or his designee, which approval shall not be unreasonably withheld.
Section 8: Wage and Benefits Committee; FOP Business
There shall be an FOP Wage and Benefits Committee composed of five (5) members.
Three (3) members of the Wage and Benefits Committee shall be appointed by the
Executive Board of the FOP and two (2) representatives appointed by the Chief. The Chief
and Mayor, or their representatives, shall meet and confer not less than twice annually, for
the purposes of discussing wage and benefit issues affecting Employees. Discussions at
said meetings shall be limited to the subject matter included in the agenda submitted by the
EXHIBIT "A" - Page 3 of 10
FOP to the Chief or by the Chief to the FOP at least seven (7) calendar days prior to the
agreed upon meeting date.
The City shall grant to the FOP and its members one thousand (1,000) hours total annually
to be used to perform FOP duties such as, but not limited to, FOP conventions,
conferences, and seminars. The FOP member requesting such time shall submit such
request to the FOP President for approval, and then shall submit the appropriate form to
his/her immediate supervisor for Department approval, which approval shall not be
unreasonably withheld subject to the staffing and operations need of the Department as
determined by the Chiefi
Section 9: Personal Files
The Chief shall maintain personnel files for all Employees. Employee shall be allowed to
examine the contents of their own personnel file, in the Chief's office, during regular City
business hours and, upon request, may receive copies of the documents contained in their
personal files.
Employees may not remove any document from their personnel file, but may challenge, in
writing, any data believed to be inaccurate. The Chief shall direct an investigation of all
such challenges. If there exists any comment adverse to an Employee's interest contained
in his personnel file, the employee may file a written response to same with the Chief.
With approval of the Chief, which approval shall not be unreasonably withheld, this
response shall be attached to said adverse comments. It is understood and agreed that
information retained by the Internal Affairs files shall not be included in an Employee's
personnel file nor available for review and/or copying by such employee. Further, once an
employee is scheduled for interrogation by the Department concerning an internal
investigation, he or she will be informed of the nature of the complaint but not the name of
the complainant. The impact of an Internal Affairs investigation on the integrity of the
Department and on employee morale necessitates a timely resolution to such issues.
Therefore, the Carmel Police Department requires a thirty (30) day limit for completing an
Internal Affairs investigation with status reports due every seven (7) days. There may be
exceptions to the thirty-day limit but extensions should only be granted for those cases in
which extenuating circumstances exist. Officers who we subject to investigation by
EXHIBIT "A" - Page 4 of I 0
Internal Affairs shall be individually notified in writing of the disposition of said
investigation within thirty (30) days of said final disposition.
Section 10: Equipment
The City shall make reasonable provisions for the safety and health of police officers during the
hours of their employment. It shall maintain its equipment in safe operating condition in accordance with
Federal, State, and local law. The City shall provide, at its expense, the equipment for speci~tl teams, as
directed by the Chief.
Section 11: Wages and Benefits
A. Base Salary Increase. Effective upon its final approval, all Employees shall receive an
increase in salary of at least the increase in the Consumer Price Index for all Urban
Consumers ("CPI-U") independent of seasonal adjustment, as reported by the Bureau of
Labor Statistics of the United States Department of Labor. For purposes of this Section, the
CPI-U shall be determined by the City's Human Resources Director and his/her
determination shall be final for purposes of this Agreement.
B. Shift Differential. Shift Differential for officers whose shifts begin at or after 4:00 PM
shall receive Seventy-Five Cents ($.75) an hour.
C. FTO Pay. FTO (Field Training Officer) pay for officers shall receive position pay in the
amount of Two Dollars and Thirty Cents ($2.30) an hour on top of their regular pay. Such
additional compensation shall be paid only to those officers actually functioning in such
position, when training a new officer.
D. Overtime Pay. Overtime compensation for officer~ shall be in addition to the amounts
specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and
the City of Carmel's most current compensation ordinance as adopted by the Carmel
Common Council.
E. Court Time and Call Out Time. Officers shall receive a minimum of two (2) hours
compensation for court sessions attended during non-working hours and for any time an
Officer is called in off-duty for work related business.
F. Longevity Pa,/. Longevity pay shall be paid at the rate of Two Hundred Dollars ($200.00)
for each year of service, in addition to all other forms of compensation. Longevity pay
terms and conditions shall conform to the City's current longevity ordinance as adopted by
the Carmel Common Council.
EXHIBIT "A" - Page 5 of 10
Specialty Pay. Officers who meet criteria specified by the Police Department's Rules and
Regulations may qualify for the specialty pay, in addition to all other forms of
compensation:
· Investigator (Patrol/Detective Only)
· Emergency Response Team
· Field Evidence Technician
· Drug Recognition Officer
· IDACS Coordinator
Up to $2,500.00 Per Year
Up to $1,500.00 Per Year
Up to $1,000.00 Per Year
Up to $1,000.00 Per Year
Up to $I,000.00 Per Year
Each Police 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 or
she is eligible. All specialty pay shaI1 cease when an employee no longer performs the
duties associated with the pay or no longer meets the qualifications for such pay.
Master Patrol Officer Pay. A Master Patrol Officer shall be entitled to receive up to One
Thousand Eight Hundred Dollars ($1,800.00) per year, in addition to all other forms of
compensation. A Master Patrol Officer is eligible to receive specialty pay and other hourly
specialty pay differentials.
Accident lnvestigators~ Certified Instructors, DARE Officers Pay. Officers designated as
Accident Investigators, Certified Instructors and DARE Officers shall receive up to Two '
Dollars and Thirty Cents ($2.30) per hour for performing the duties associated with these
functions, in addition to all other forms of compensation.
Cie?thing Allowance. Officers with twelve (12) months of service in the Department shall
receive a clothing allowance of One Thousand Two l-lundred Dollars ($1,200.00) per year,
to be paid semi-annually in equal installments in February and August of each year.
Sick Leave Incentive Pay. Employees shall be eligible for sick leave incentive pay, which
is based on the amount of sick leave used in a calendar year as follows:
No sick leave used 24 hours
Up to and including one (1) shift used 20 hours
Over one (1) to and including two (2) shifts used 12 hotirs
Over two (2) to and including three (3) shifts used 8 hours
Over three (3) to and including four (4) shifts used 4 hours
Over four (4) shifts used 0 hours
6
EXHIBIT "A" - Page 6 of 10
The hourly rate of pay for each eligible employee, for the purposes of this pay incentive
only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All
sick leave used by an employee in the course of the calendar year shall be coonted 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 shall 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.
Employee's injured on duty or in the line of duty shall not have sick time calculated
against their leave incentive pay.
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 Ten Dollars ($10.00) per
hour premium pay for each hour actually worked on the holiday. Such premium pay shall
be calculated to the nearest quarter hour.
Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees
in effect at the time of the execution of this Agreement.
Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in
effect at the time of the execution of this Agreement.
Trade Days. Employees shall be permitted to voluntarily trade work days, subject to the
advance approval of the Chief or his designee. Such traded regular work shifts shall be
exempted from the computation of overtime hours. Trade days must be balanced by the
end of the 28-day work period and must be documented on the appropriate City form.
Subject to advance approval of the officer's supervisor, an officer will be allowed to trade
days with another officer of the same rank, within the same 28-day period. The Department
will have the unilateral right, after meeting and conferring with the FOP, to discontinue or
alter the procedure for trading days.
Leave of Absence. Officers may be granted leaves with or without pay in accordance with
Federal, State or local law. All leaves of absence shall be subject to the approval of the
Chief.
EXHIBIT "A" - Page 7 of 10
Catastrophic Medical Leave Bank. All unused sick days will be credited to the officers
Catastrophic Medical Leave Bank as specified in Special Order 98-21, as the same may be
amended from time to time.
Retirees Health Insurance. The City shall contribute fifty percent (50%) of the monthly
employee-spouse premium for retirees who have twenty (20) years of active service with
the City, plus an additional one percent (1%) for each additional six (6) months of service,
up to a maximum of seventy-five percent (75%) of the employee-spouse premium (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
Six Hundred ($600.00) per month or Seven Thousand Two Hundred Dollars ($7,200.00)
per year. Coverage for other eligible dependents may be continued at the retiree's expense.
Section 12
The City will allow FOP meetings to be held in City buildings at times agreed to by the Chief of
the Department. The FOP will be responsible for the care and security of the building during such
meetings. The City will allow the FOP to utilize electronic bulletin boards, e-mail systems, internet access
and paging systems in accordance with existing City policies.
Section 13
No employee will be required to join, support or pay dues to the FOP. There shall be no
discrimination, interference, restraint or coercion by the City or FOP against any employee for activities
or membership in the FOP, or a refusal to support, be active in or become a member of the FOP.
Section 14
The FOP agrees that it is the exclusive right of the City to:
(a) Maintain order, discipline and efficiency in the operations of the Department;
(b) Hire, direct, transfer, promote, discharge or otherwise discipline, Employees in accord
with law;
(c) Operate and manage the work of the Department;
(d) Allocate personnel, apparatus, police stations and sub-stations and other resources in a
manner the Chief of the Department believes is in the best interest of public safety and
the safety of personnel; and
EXHIBIT "A" - Page 8 of 10
(e) In addition, all terms mid conditions of employment not addressed above in this
Section or otherwise in this Agreement shall continue to be provided in and at' the sole
discretion of the City.
Section 15
The FOP and the City agree to work together in good faith to resolve labor/management issues
covered within the purview of this Agreement. The FOP agrees to encourage its members to follow all
Department rules, policies and procedures and to strive to improve their skills to ever-higher levels, and
the City agrees to enforce its rules in a fair and impartial manner.
Section 16
The parties hereto agree that if the Common Council should fail or refuse to fully fund the
implementation of this Agreement under circumstances wherein full funding would not adversely affect a
vital governmental function of City, they will return to the negotiation process to negotiate an Agreement
that is consistent with the funding approved by the Common Council.
APPROVEDANDADOPTED.
CARMEL BOARD OF PUBLIC WORKS
AND SAFETY (':BOARD")
BY:
James Brainard, Presiding Officer
Date:
ay ~ ~/r),~?r~e, ~--,
Date: , f ~.././ _
//. ,
Lori S.
Date:X...-~
./15~aana L. Cordray, IA/I~ 'Clerk-Treasurer
FRATERNAL ORDER OF POLICE lodge #185
("FOP")
Robert Harris, President
Date:
Adam Miller, Vice-President
Date: ~---
Michael Pitman, Secretar3
Date:
Scott Spillman, Treasurer
Date: ~"/¢/~,~'
EXHIBIT "A" - Page 9 of 10
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
("COMMON COUNCIL")
Pre~d~n~CJffi~6r / ~/ ~
Dgte: .
K >'~rf(Kirby, Pr~-en, t P!o ~mpore
~naldE. Cmer - -
F~rick J.
ATTEST:
(-~Di~a L. Cordray, IAMC, Clerk-TreasUrer
7:c/o
ja Se~/Qriffiths
te~' 5*/-
Brian D. Mayo
Mark Ratterr~anr~
Date: '9'//
Richard L. Sharp
Date:
Presented by me to the Mayor of the City of Carmel, Indiana, this] ~ ay o 2005, at
. . O'clock, f) .M. //
I~. Cordray, IAMC, Clerk-Treasurcq5
'7.' ~/0
Approved by me, Mayor of the City of Carmel, Indiana, this/,o° day of [~Otw~
O'clock, ?. M. / ~
tf~mes Brainard, Mayor
2005, at
,ATTEST,:
'I~ana L. Cordray, IAMC, Clerk-Treasut~er
Sponsor: Councilor Brian Mayo
RESOLUTION CC-04-18-05-04
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~
ESTABLISHING A CONTRACTUAL' RELATIONSHIP WITH THE
FRATERNAL ORDER OF POLICE LODGE #185
WHEREAS, Indiana law permits the City of Carmel, Indiana ("City") to establish its own
framework for addressing employment issues; and
WItEREAS, the City does not wish to enter into a collective bargaining relationship, but does
Wish to establish a contractual relationship with the Fraternal Order of Police Lodge # 185 ("FOP Lodge
#185") pertaining to certain issues involving the wages, benefits and working conditions of members of
the Carmel Police Department; and
WHEREAS, the Agreement attached hereto as Exhibit A, (the "Agreement") sets forth the
framework and terms.of the contractual (elationship between the City and FOP Lodge #185; 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 h~reby encourages the Board of Public Works and Safety to
approve and execute the Agreement in its present form 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.
/r~ ~SO RESOLVED by the Common Council of the of Carmel, Indiana this ~2~_~day of
[~_, vote of ~0 and 0 City 2005,
by
a
ayes
nays.
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
I
Sponsor: Councilor Brian Mayo
C0,,I~IMON COUNCIL FOR THE CITY OF CARMEL~NDIANA...
P~icting Of~.~ ...,,. _..~.,// //o~C. Gri~-fithsy / '
_ evic,J~by, Presi~pt~ro Wc4~pore /B~4n Mg-,fo / ~ _.
-l~nald E. Cm't~--) '
Richard L. Sharp
F~fdrick)-. G~
ATTEST:
Diana L. Cordray, IAMC. Clerk-Treasurer
'7.' qO
Presented by me to the Mayor 0fthe City of CarmeI, Indiana, this/~ ' day of LY,~,k~ 2005, at
__ O'clock, .:~__. M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, thisJ~day/&~ 2005, at
mes ~rain~d, Mayor r
,~. E,ST: '
'~l~iana L. Cordray, IAMC, Clerk-TreastIx2er
Resolution CC-04-18-05-04
Page Two of Two Pages
Prepared by Douglas C. Haney, Cannel City Attorney