HomeMy WebLinkAboutCC 11-21-22-05/Carmel Professional Firefighters Assoc Contract 2023-2024Sponsors: Councilors Worrell and Aasen
RESOLUTION CC 11-21-22-05
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING THE 2023-2024 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 from January 1, 2023 through December 31,
2024.
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 continue their contractual
relationship for the years 2023 and 2024; 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 for the years 2023 and 2024; 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 11-21-22-05
Page One of Two Pages
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Sponsors: Councilors Worrell and Aasen
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day
of ________, 2022, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Kevin D. Rider, President Jeff Worrell, Vice-President
___________________________________ ____________________________________
Sue Finkam Laura Campbell
___________________________________ ____________________________________
H. Bruce Kimball Anthony Green
___________________________________ ___________________________________
Adam Aasen Tim Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2022, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2022, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Resolution CC 11-21-22-05
Page Two of Two Pages
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1
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AGREEMENT 7
Between 8
CITY OF CARMEL 9
And 10
CARMEL PROFESSIONAL FIRE FIGHTERS 11
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4444 12
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EFFECTIVE 14
January 1, 2023 – December 31, 2024 15
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24 EXHIBIT A
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Table of Contents 26
AGREEMENT ...................................................................................................................................................... 4 27
Article I – Period of Agreement ................................................................................................................................ 4 28
Section 1 – Duration .................................................................................................................... 4 29
Section 2 – Severability ............................................................................................................... 4 30
Section 3 – Minimums Only ........................................................................................................ 4 31
Section 4 – Uniformity ................................................................................................................. 4 32
Article II – Recognition ............................................................................................................................................. 5 33
Article III – Union and City Rights and Obligations ................................................................................................. 5 34
Section 1 – Union Rights ............................................................................................................. 5 35
Section 2 – City Rights ................................................................................................................ 6 36
Section 3 – Strikes and Lockouts ................................................................................................. 6 37
Article IV – Miscellaneous ........................................................................................................................................ 7 38
Section 1 – Safety ........................................................................................................................ 7 39
Section 2 – Minimum Staffing ..................................................................................................... 8 40
Section 3 – Overtime ................................................................................................................... 8 41
Section 4 – Call-back Definition .................................................................................................. 8 42
Section 5 – Fitness Facility .......................................................................................................... 8 43
Section 6 – Bid System ................................................................................................................ 9 44
Section 7 –Work Performance Evaluation .................................................................................. 9 45
Section 8 – Promotions ................................................................................................................ 9 46
Article V – Terms and Conditions of Agreement ...................................................................................................... 9 47
Section 1 – Funding ..................................................................................................................... 9 48
Article VI – Compensation ...................................................................................................................................... 10 49
Section 1 -- Cost of Living Adjustments .................................................................................... 10 50
Section 2 -- Specialty Pay .......................................................................................................... 10 51
Section 4 -- Longevity Pay ......................................................................................................... 11 52
Section 5 -- Pension Contribution ............................................................................................. 12 53
Section 6 -- Holiday Pay ............................................................................................................ 12 54
Section 7 -- Master Firefighter Pay ........................................................................................... 12 55
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Section 8 -- Vacation Buy-back ................................................................................................. 12 56
Section 9 -- Sick Leave Incentive ............................................................................................... 13 57
Section 12 -- Grade and Step ..................................................................................................... 13 58
Article VII – Fringe Benefits ................................................................................................................................... 15 59
Section 1 – Retiree Health Insurance ........................................................................................ 15 60
Section 2 – Annual Physical ...................................................................................................... 15 61
Section 3 – Uniforms / Safety Gear ........................................................................................... 15 62
Section 4 – Catastrophic Medical Leave Bank .......................................................................... 16 63
Section 5 – Tuition Reimbursement .......................................................................................... 16 64
Section 6 – Dependent Care ...................................................................................................... 16 65
Section 8 – Retiree Health Insurance Placeholder Fee ............................................................. 16 66
Section 9 - Additional Benefits …………………………………………………………………….17 67
Section 10 – COBRA Administration Fee Waiver .................................................................... 17 68
Section 11 - Other Benefits ........................................................................................................ 18 69
Section 12 - Force Majeure ………………………………………………………………………….18 70
COMMON COUNCIL FOR THE CITY OF CARMEL ............................................................................... 19 71
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73
74
75
76
77
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79
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81
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AGREEMENT 88
89
This agreement (“Agreement”) is entered into by and between the City of Carmel, Indiana (“City”), 90
represented by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”) 91
and the City’s Common Council (“Common Council”), and the Carmel Professional Firefighters – 92
International Association of Fire Fighters, Local 4444 (“Union”), represented by its Carmel President 93
and Secretary / Treasurer. This Agreement is not and shall not be construed as a collective bargaining 94
agreement for the purposes of federal or state labor laws or otherwise. 95
Article I – Period of Agreement 96
Section 1 – Duration 97
98
Upon its proper execution by all parties hereto, this Agreement shall take effect on January 1, 2023 and 99
remain in effect until 11:59 p.m. on December 31, 2024. This Agreement shall remain in full force and 100
effect unless either party desiring to amend this agreement shall notify the other in writing. Notice of a 101
request for amendment shall specify the content of any and all proposed amendments. The parties agree 102
to begin good faith negotiations on a future agreement no later than July 2022. If a new agreement is 103
not executed before the end of this Agreement, then this Agreement shall remain in effect until a new 104
agreement is executed by the parties hereto. 105
106
Section 2 – Severability 107
108
In the event that any provisions of this agreement are found to be inconsistent with existing State or 109
Federal statutes or laws, the provisions of such statutes or laws shall prevail; and if any provision herein 110
is found to be invalid and unenforceable by a court or other authority having jurisdiction, then such 111
provision shall be considered void, but all other valid provisions shall remain in full force and effect. 112
The parties hereto agree to notify the other of any ruling in that regard. 113
114
Section 3 – Minimums Only 115
116
The terms of this Agreement are intended to cover only minimums in hours, working conditions and 117
other employee benefits. The City may implement or retain in effect superior wages, hours, working 118
conditions and other employee benefits. 119
120
Section 4 – Uniformity 121
122
Although the parties recognize that it is extremely difficult to compare different pay and work structures 123
so as to exact mathematical equivalencies, the City agrees that, as much as is reasonably possible, City 124
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firefighters shall receive the equivalence in benefits and pay raises received by all City public safety 125
employees for pay compensation and fringe benefits. 126
127
Article II – Recognition 128
129
The City recognizes the Union as the exclusive recognized representative agent for members of the 130
Carmel Fire Department (“Department”) with the rank of Battalion Chief or below, so long as the Union 131
maintains the support of the majority of those firefighters. Members of the Department holding the rank 132
of Battalion Chief or below shall hereinafter be individually be referred to as “Employee” and 133
collectively referred to as “Employees,” and the group of Employees represented by the Union as their 134
exclusive representative shall hereinafter be collectively referred to as the “Representative Unit”. If the 135
City questions whether the Union has the support of the majority of the Employees in the Representative 136
Unit, it may review the City Controller’s records and/or certified records provided by the Union to 137
determine if the Union maintains the support of the majority of the Employees in the Department. If the 138
Union does not maintain the support of the majority of the Employees in the Department, the City shall 139
not recognize the Union as the exclusive representative of those Employees at the end of the calendar 140
year in which such majority support is lost. 141
Article III – Union and City Rights and Obligations 142
Section 1 – Union Rights 143
144
A. Payroll Deduction. Upon receipt of a voluntary, written, current, signed authorization in such 145
form as complies with the laws of the State of Indiana from an Employee covered by this 146
Agreement, the City shall deduct from each paycheck of such Employee an amount representing 147
his/her Union dues as indicated in the current authorization form. The City shall remit such 148
monies, together with the appropriate records, to the Union or its designated official. The City 149
shall not be liable to the Union for any failure to make any such deductions. In the event of an 150
overcharge already remitted to the Union, it shall be the sole responsibility of the Union to adjust 151
the matter with the Employee. The Union shall indemnify the City and hold it harmless from 152
any or all claims or liabilities which arise under or pursuant to this paragraph. 153
154
B. Union use of City Property. The City shall allow Union meetings to be held in City buildings at 155
times agreed to by the Fire Chief (“Chief”). The Union will be responsible for the care and 156
security of the building during such meetings. The City will allow the Union to utilize electronic 157
bulletin boards, e-mail systems, Internet access and paging systems. 158
159
C. Non-Discrimination. Neither the City nor the Union shall make any regulation affecting the 160
right of any Employee or Employees to join, or refrain from joining, the Union or any other 161
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lawful employee organization; provided that the City shall retain the full right to control its 162
employees’ actions, property and equipment during working hours and to control the use of the 163
City’s premises. 164
165
D. Voting. Union and members of the Union shall be allowed use of the fire stations to hold 166
elections for the Union and its’ representatives. 167
168
E. Union Time. Employees elected to represent the Union shall be granted time, not to exceed a 169
combined total of two thousand (2,000) hours annually (to be divided as needed) to perform, 170
without loss of pay, Union functions such as, but not limited to, attendance at meetings, 171
conventions, seminars and conferences. 172
173
F. Member Representation. When a member of the Union (“Member”) is interviewed, formally or 174
informally, regarding a matter that might lead to disciplinary action, if that Member requests a 175
Union representative, all questioning will cease for a reasonable period of time (not to exceed 24 176
hours) until a Union representative (selected by the Union) can be present. 177
Section 2 – City Rights 178
179
The Union agrees that it is the exclusive right of the City to: maintain order, discipline and efficiency in 180
the operations of the Department; hire, direct, transfer, promote, discharge or otherwise discipline 181
Employees in accord with law; operate and manage the work of the Department, and; allocate personnel 182
through the bid system, apparatus, fire stations and other resources in a manner the Chief believes is 183
reasonable and in the best interest of public safety personnel. 184
Section 3 – Strikes and Lockouts 185
186
As the service performed by the Employees covered by this Agreement are essential to the 187
administration of the Department and to the welfare of the public dependent thereon, neither the Union 188
nor any member of the Representative Unit covered by this Agreement shall initiate, authorize, sanction, 189
encourage, support or engage in any strike, slow-down, concerted job action, work stoppage, “sick-out”, 190
or cease the continuous performance of their duties. The City agrees that no lock out shall take place 191
during the term of this Agreement. 192
The Union acknowledges that any conduct that violates this Section threatens irreparable harm to the 193
public. The Union shall not be held liable under this Agreement for the unauthorized activity of the 194
Employees in violation of this Section, and agree to immediately make a vigorous, bona fide and 195
continued effort to end all such activities in the event of a documented violation of this Section, 196
including written notification to each offending Employee that his/her activity is unprotected and is not 197
authorized, supported, or ratified by the Union. 198
Section 4 – Dispute Resolution 199
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200
The Union and the City agree to work together in good faith to resolve labor/management issues. The 201
Union agrees to encourage its members to follow all Department rules, policies, and procedures and to 202
strive to improve their skills to ever higher levels, and the City agrees to enforce its rules in a fair and 203
impartial manner. Both the Union and the City agree to attempt to resolve issues subject to this 204
Agreement informally or through Alternative Dispute Resolution (ADR) before commencing or 205
sponsoring legal action against the other. 206
Article IV – Miscellaneous 207
Section 1 – Safety 208
209
a. The Department shall maintain and keep in effect through the term of this Agreement, a Safety 210
Committee for reviewing departmental accidents, injuries, job-related safety complaints, 211
protective gear and equipment issues, or any other safety-related areas. The Safety Committee 212
shall make recommendations to the Chief concerning safety issues. The Safety Committee shall 213
be compromised of up to eleven (11) firefighters representing the following division areas: 214
The ex officio members of the Safety Committee shall be the three (3) officers who occupy the 215
position of A, B, and C Shift Battalion Executive Officer; the three (3) merit officers who occupy 216
the position of A, B, and C Shift Safety Training Officer (STO); and the one (1) staff officer who 217
holds the position of Department Safety Officer. 218
The other members of the Safety Committee shall be selected as follows: 219
The Union will select: 220
(1) Firefighter 221
(1) Engineer 222
The Chief or his/her designee will select: 223
(1) Captain or Lieutenant 224
(1) Chief Officer 225
226
The Chief or his/her designee and/or the Safety Committee may call upon additional personnel 227
(e.g., civilian staff, maintenance personnel, etc.) if it is believed that the expertise of such 228
persons may be of benefit to the Safety Committee. Requests for meetings involving the Safety 229
Committee shall be initiated by the Chief or the Safety Committee Chairperson, who shall be 230
appointed by the Chief. The Chairperson shall prepare an agenda of items to be discussed by the 231
Safety Committee and shall establish and communicate a date and place certain for such 232
meeting. 233
234
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b. The Department and its Employees covered by this Agreement shall comply with applicable 235
Federal, State and Local laws and Department policies concerning safety and health. The 236
Department shall make reasonable provisions for the safety and health of its Employees during 237
their hours of employment in compliance with applicable laws. In this regard, the Union and 238
Employees realize that they have joint responsibility to cooperate in maintaining safe practices in 239
the Department. In addition, it is the responsibility of each Employee to operate vehicles, 240
machinery and equipment in a safe manner. 241
242
c. The Department may summarily discipline or prohibit an Employee from acting or operating in 243
an unsafe manner. However, no reduction in rank, grade or pay will be made without following 244
the appropriate disciplinary policies of the Department and Indiana law. 245
246
d. All accidents, regardless of their severity, must be immediately reported to an Employee’s 247
supervisor for review in accordance with Department policies and procedures. 248
Section 2 – Minimum Staffing 249
250
The City will “call back” Employees or mark apparatus out of service if staffing falls below four (4) 251
Employees on a fire engine, or five (5) Employees on a ladder truck and two (2) Employees on an 252
ambulance. This minimum staffing requirement may be suspended in the event of an emergency as 253
determined by the Chief, in his/her sole discretion, after consultation with the Union President or the 254
highest ranking available Union officer. Furthermore, the current “8-hour rule” remains in effect, 255
allowing staffing to fall below four (4) Employees on a fire engine and five (5) Employees on a ladder 256
truck and two (2) Employees on an ambulance, so long as that vacancy is not for eight (8) or more 257
hours. 258
Section 3 – Overtime 259
260
A “call back” shall be voluntary unless an emergency is declared by the Chief or the Mayor and may 261
include alteration of the normal work schedule. “Call back” time shall be paid at a rate of time and one-262
half of the Employee’s regular hourly rate. 263
Section 4 – Call-back Definition 264
265
As used in this Article, “call-back” means requesting or requiring an Employee to work hours in 266
addition to the Employee’s scheduled hours, and “off-duty” means the time other than an Employee’s 267
regularly scheduled working hours or vacation. 268
Section 5 – Fitness Facility 269
The Department shall provide facilities and equipment to allow employees to maintain physical fitness 270
at each fire station. Decisions related to the location of the fitness facilities, as well as the type of and 271
replacement of fitness equipment, are within the sole discretion of the Chief. 272
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Section 6 – Bid System 273
274
Carmel Fire Department Rules and Regulations 7.28 will govern the Department bid process, which 275
shall remain in effect throughout the term of this Agreement. 276
Section 7 –Work Performance Evaluation 277
278
The Carmel Fire Department Work Performance Evaluation (“WPE”) measures an individual’s ability to 279
physically perform the essential functions required to execute the duties of a firefighter. The Department 280
has established a minimum level of acceptable performance that protects the safety of the firefighter and 281
provides a measure of an individual’s physical ability to perform the essential, job specific, functions 282
required to effectively execute the duties of a firefighter. WPE shall be Department policy as determined 283
by the labor- management process. Any changes to the WPE shall be made through a validated process 284
by a vendor mutually agreed upon by the parties hereto. 285
Section 8 – Promotions 286
287
The Department’s officer structure shall consist of thirteen (13) Captains and fourteen (14) Lieutenants. 288
In addition to these positions, each shift will have three (3) float Lieutenants. The total number of merit 289
officers will be thirty-six (36); or, one (1) Captain and two (2) Lieutenants per apparatus. The Battalion 290
Chief and Executive Officer position will be staffed by merit Lieutenants and/or Captains. 291
Whenever the number of Operations Section officers on shift falls below thirty-six (36), promotions 292
shall take place within 45 days of initial vacancy. If more than 45 days are needed to promote, as 293
determined by the Chief, consultation between the Union President and the Chief shall take place a 294
minimum of ten (10) days prior to the expiration of this 45-day period, through the labor-management 295
process. Both parties must agree to a timeline that exceeds this 45-day period. 296
Article V – Terms and Conditions of Agreement 297
Section 1 – Funding 298
299
The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under 300
circumstances wherein full funding would not adversely affect a vital governmental function of the City, 301
all financial provisions of this Agreement shall become null and void to the extent they are not funded, 302
and that they will return to the negotiations process to negotiate Agreement terms that are consistent 303
with the level of funding approved by the Common Council. 304
305
306
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Article VI – Compensation 307
Section 1 -- Cost of Living Adjustments 308
309
For cost of living adjustments in 2023 and 2024, Employees covered by this agreement shall receive an 310
increase to their base salary of six percent (6%) in 2023 and three percent (3%) in 2024. The parties hereto 311
agree that should the Consumer Price Index for all Midwestern Wage Earners (“CPI-W”) independent of 312
seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of 313
Labor for the previous calendar year fluctuate plus or minus 2% from the six percent (6%) in 2023 and 314
three percent (3%) in 2024 COLA provided for by this Article, they shall return to the negotiation process 315
to consider a more appropriate COLA 316
The City agrees to promptly consult with the Union, upon request, regarding changes made to an 317
Employee’s working conditions and/or standards. However, subject to Article VI of this Agreement, the 318
salary, bonus, vacation and sick leave benefits in effect for Employees pursuant to this Agreement shall 319
not be reduced without the mutual consent of the City and the Union. 320
Section 2 -- Specialty Pay 321
322
Each Employee shall be entitled to receive no more than two (2) types of specialty pay at any given time. 323
An Employee shall receive the highest specialty pay for which he/she is eligible and pay for one additional 324
specialty. All specialty pay shall cease when an Employee no longer performs the duties associated with 325
the pay or no longer meets the qualifications for such pay, whether the change results from the 326
decision/action of the City or the Employee. 327
Annual Specialty Pay for Employees covered under this Agreement shall be as follows: 328
Paramedic 10% of First-Class Firefighter Salary 329
Mechanic $2000.00 330
Shift Investigator $2000.00 331
Hazardous Materials $2000.00 332
Foreign Language $2000.00 333
Public Information Officer (“PIO”) $3500.00 334
Special Duty Pay $2000.00 335
Station Captain $1500.00 336
Engineer $2500.00 337
Rescue Technician $2000.00 338
SWAT Medic $2000.00 339
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Drone Pilot $2000.00 340
• An Employee who demonstrates a specified level of fluency in an approved foreign language shall 341
receive Foreign Language Specialty Pay in addition to all other forms of compensation. All such 342
pay must be approved by the Chief and the City’s Director of Human Resources. To continue 343
receiving this compensation, the Employee is required to maintain fluency, and may be 344
periodically re-tested to ensure compliance. 345
346
• The PIO shall be appointed by the Chief and is subject to change at his/her discretion. 347
348
• Special duty pay is for Employees who take on long term responsibilities/projects/ assignments 349
designated by the Chief. 350
• Hazardous Material Technicians shall be paid specialty pay regardless of station assignment. 351
352
• Station Captain is one (1) Captain per station, total of six (6) positions. Station Captain shall be 353
selected by the Chief. 354
355
• The following specialty pays shall be paid in addition to up to two (2) of the other forms of annual 356
specialty compensation listed in Section 2 above: 357
358
° PIO 359
° Special Duty Pay 360
° Station Captain 361
° Engineer 362
363
Section 3 -- Ride Out Pay 364
1. An Employee shall be entitled an additional $2.00 per hour for each hour he/she is assigned to an 365
ambulance, in addition to all other forms of compensation. 366
2. An officer who fills in for a Battalion Chief shall receive $3.00 per hour ride out pay. 367
3. A firefighter who fills in for an Engineer, Lieutenant or Captain shall receive $2.00 per hour ride out 368
pay, in addition to all other forms of compensation. 369
370
4. Officers filling in for other officers (except for a Battalion Chief) are not eligible for ride out pay. 371
Section 4 -- Longevity Pay 372
373
Sworn firefighters shall receive longevity pay at the rate of Two Hundred and Fifty Dollars ($250.00) per 374
year of service for years 1-10 and Three Hundred and Ten Dollars ($310.00) per year of service for years 375
11-25. Longevity shall be capped at twenty-five (25) years of service or ($7,150.00), in addition to all 376
other forms of compensation. 377
378
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Section 5 -- Pension Contribution 379
380
The City shall maintain membership in the 1977 Fund and shall require members of the Department to 381
meet the eligibility requirements for the Fund. The City shall pay twenty-one percent (21%) of the 382
established Master Firefighter salary for each member of the Department participating in the 1977 Fund. 383
In the event that state actuary reports lower the twenty-one percent (21%) obligation levied upon the City 384
in any fiscal year, that amount shall be reflected as a credit toward the six percent (6.0%) obligation levied 385
upon the members of the Department. 386
Section 6 -- Holiday Pay 387
388
Each Employee who is required to report to work on a declared holiday, whether on a scheduled or an 389
unscheduled basis, shall receive Fifteen Dollars ($15.00) per hour premium pay for each hour actually 390
worked on said holiday. Such premium pay shall be calculated to the nearest quarter hour. 391
Section 7 -- Master Firefighter Pay 392
393
A firefighter shall not become a First Class/Master Firefighter until he/she has served 10 years. The First 394
Class/Master Firefighter salary, as designated in the City’s annual salary ordinance, shall be certified to 395
the state for pension reporting purposes. A First Class/Master Firefighter is eligible to receive specialty 396
pay and other hourly pay differentials. 397
Section 8 -- Vacation Buy-back 398
399
Employees may submit up to one third (1/3) of their unused annually accrued vacation time. The City may 400
buy back such vacation time and, if it does so, shall buy back each hour of vacation time at the Employee’s 401
hourly rate. Employees must submit their hours (in no less than twenty-four (24) hours increments for 402
Sworn Shift personnel and in no less than 7.5 hour increments for Sworn Staff personnel to the Department 403
on the first Monday of the last pay period of the calendar year. Payment for any submitted vacation time 404
(if approved) shall be rendered by the City before the last day in February of the following year. 405
Sworn Shift Personnel: 406
1 – 5 years Maximum of 2 full shifts eligible for submission (48.0 hours) 407
6 – 12 years Maximum of 3 full shifts eligible for submission (72.0 hours) 408
13 or more years Maximum of 4 full shifts eligible for submission (96.0 hours) 409
Sworn Staff Personnel: 410
1 – 5 years Maximum of 3 full shifts eligible for submission (22.5 hours) 411
6 – 12 years Maximum of 5 full shifts eligible for submission (37.5 hours) 412
13 or more years Maximum of 6 full shifts eligible for submission (45.0 hours) 413
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Any Employee who has been suspended from the Department for disciplinary purposes or any Employee 414
having used five (5) or more sick days in a calendar year will be disqualified from this benefit, as permitted 415
by law. 416
Section 9 -- Sick Leave Incentive 417
418
Employees may be eligible for sick leave incentive pay, which is based on the amount of sick leave used 419
in a calendar year as follows: 420
None 24 hours 421
Equivalent of one (1) shift (or any portion thereof) 20 hours 422
Equivalent of two (2) shifts (or one shift plus any portion of a second) 12 hours 423
Equivalent of three (3) shifts (or two shifts plus any portion of a third) 8 hours 424
Equivalent of four (4) shifts (or three shifts plus any portion of a fourth) 4 hours 425
The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive only, shall be 426
calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All sick leave used by an 427
Employee in the course of the calendar year, except leave for injuries incurred on duty or in the line of 428
duty, or as otherwise required by applicable law, shall be counted toward the incentive pay calculation for 429
that year, regardless of the reason for the leave or the status of the leave. 430
Sick leave incentive pay may be paid out each year in February for the prior calendar year at the eligible 431
Employee’s current rate of pay. An Employee must be employed by the Department for an entire calendar 432
year, and must be employed by the City at the time of the payout, in order to be eligible for incentive pay 433
for that calendar year. 434
Section 10 – Voluntary WPE Pay 435
Employees who voluntarily take the WPE twice per year (once every six (6) months) rather than the single 436
mandatory evaluation shall receive an additional 24 hours of compensation at their hourly rate. 437
Section 11 – 2023 Inflation Bonus 438
Each Employee who is employed by the City on February 4, 2023, shall receive a one-time inflation bonus 439
equal to two percent (2%) of their 2023 base salary. 440
Section 12 -- Grade and Step 441
442
Definitions: 443
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GRADE—pay category to which a City position is assigned; each position is placed within a hierarchy of 444
Grades (see attached matrix), based on the knowledge, skills, abilities and responsibility required by the 445
position. 446
STEP—established point between the Range Minimum and Range Maximum of a Grade; each Grade has 447
six (6) equidistant Steps, which are adjusted annually. 448
MARKET—municipalities and other employer organizations selected by the City as the basis for salary 449
comparisons. 450
RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade; generally, the 451
rate at which a new City employee will be paid. 452
RANGE MAXIMUM—highest pay rate for a City position in a particular Grade; generally, the rate at 453
which an employee with five (5) or more years of experience in a particular job will be paid. 454
STEP INCREASE—annual pay adjustment based on an additional year of service and the increased 455
knowledge, skill and ability that the year of service represents; employees in Steps one (1) through five 456
(5) will generally move to the next higher Step on January 1 of each year. 457
PROMOTION—change of positions that results in a higher Grade. 458
RE-EVALUATION—review of a position’s assigned Grade brought about by an increase (or decrease) 459
in knowledge, skill, ability and responsibility requirements; a Re-evaluation, performed by the City’s 460
independent consultant, which may result in a higher Grade, a lower Grade or no change in Grade. 461
1. New Employees shall be hired at Step 1 for their assigned Grade. All requests for exceptions must be 462
put in writing by the Chief and approved by the Director of Human Resources. 463
464
2. Step Increases will be given in January only; increases are to be given the rest of the year only as the 465
result of a Promotion or a job Re-Evaluation by the City’s independent consultant. All such increases 466
must place the Employee at a specific Step in the appropriate Grade. 467
468
3. An Employee will not receive a Step Increase in January unless he/she was hired prior to October 1 469
of the previous year. Employees hired between October 1 and December 31 will receive a Cost of 470
Living Increase but no Step Increase. 471
472
4. Step Increases will be granted automatically to employees at Step 5 or below, but may be contingent 473
upon meeting certain pre-established criteria, such as education and certification requirements. 474
Employees subject to such requirements shall be made aware by their existence immediately upon 475
inception of the requirements, or acceptance of a job that carries such requirements. 476
477
5. Every Employee will move up one Step each year without skipping intermediate Steps. Public Safety 478
employees hired on or after January 1, 1999 will receive annual raises in January based on consecutive 479
Steps 480
481
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6. No employee’s salary will be allowed to exceed the Range Maximum (Step 6) for his/her Grade, 482
unless his/ her salary was already above Step 6 on January 1, 1999. 483
7. An Employee whose pay is adjusted due to a Promotion will be placed in a Step that will ensure an 484
appropriate pay increase, such Step to be recommended by the Chief and approved by the City’s 485
Director of Human Resources. 486
Article VII – Fringe Benefits 487
Section 1 – Retiree Health Insurance 488
489
A. The City shall contribute fifty percent (50%) of the monthly employee-spouse premium for retirees 490
who have twenty (20) years of active service with the City, plus an additional one percent (1%) 491
for each additional six (6) months of service, up to a maximum of seventy-five percent (75%) of 492
the employee-spouse (or 75% of the employee-only premium if the employee is unmarried or the 493
spouse is not covered by the City plan), provided that the City’s insurance premium contribution 494
shall not exceed Nine Hundred Dollars ($900.00) per month or ($10,800.00) Ten Thousand Eight 495
Hundred Dollars per year. 496
497
B. Coverage for other eligible dependents may be continued at the retiree’s expense. 498
499
C. The City’s insurance premium contribution cap shall be evaluated each year to keep pace with 500
current health insurance costs. 501
502
D. For an Employee who dies in the line of duty, the City shall contribute 100% of the monthly spouse 503
and dependent (if applicable) medical and dental premiums. 504
505
E. For an Employee who is disabled, the City shall contribute to a disabled employee’s insurance 506
premium according to the formula found in City Code Section 2-42. 507
508
F. Retiree Health Insurance will only be available to employees hired prior to October 3, 2016. 509
Section 2 – Annual Physical 510
511
The City shall continue its practice of providing annual physicals to each Employee at no cost to the 512
Employee made available through a mutually agreeable facility. No changes to the make-up of this 513
physical shall be made without 30 days prior notice to the Union. In the event that changes to specific 514
test and/or components of the medical evaluation are needed, the City will meet with the Union to discuss 515
and receive the Union’s input prior to making any such changes. 516
Section 3 – Uniforms / Safety Gear 517
518
The Department shall issue all uniforms and safety gear through its Quartermaster system. 519
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Section 4 – Catastrophic Medical Leave Bank 520
521
All firefighters’ unused sick days shall be credited to the Catastrophic Medical Leave Bank. A firefighter 522
who is unable to perform his/her own duties or to perform light duty assignments for an extended period 523
of time due to illness or injury is eligible for PERF disability benefits, which are less than the firefighter’s 524
active duty pay. Under 35 IAC 2-5-1, the City is not allowed to supplement PERF disability payments. In 525
order to avoid penalizing a firefighter financially during the period of recuperation, the Catastrophic 526
Medical Leave Bank shall allow eligible firefighters to receive up to one hundred twenty (120) calendar 527
days of full pay after sick leave and vacation benefits are exhausted and before PERF disability benefits 528
commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the line of duty), as 529
permitted by law. 530
Section 5 – Tuition Reimbursement 531
532
The City sponsors a tuition reimbursement program subject to Carmel City Code 2-58, as amended, for 533
full-time City employees who are so employed both on the year prior to the beginning of the course for 534
which tuition reimbursement is requested and at the time the final request for reimbursement is made. 535
To be eligible for tuition reimbursement the employee cannot have been subject to disciplinary 536
probation, demotion, or suspension within the 90 calendar days immediately prior to the beginning date 537
of the course for which tuition reimbursement is requested. Refer to Carmel Fire Department Rules and 538
Regulations 4.16 TUITION REIMBURSEMENTS. 539
Section 6 – Dependent Care 540
541
The City agrees to allow Employees to utilize up to 2 days (48 hours) of their sick time annually for the 542
unexpected care and treatment of a dependent. The Employee may utilize this time in increments of four 543
(4), six (6), or seven and one half (7.5) hours. The City agrees to treat this benefit in the same manner as 544
an Employee sick day. This does not increase the amount of total sick time afforded to an Employee. 545
Section 7 - Tactical Athlete Sports Performance Program 546
The City shall continue its practice of providing a tactical athlete performance program to each 547
Employee at no cost to the Employee at a mutually agreeable facility. No changes to the make-up of 548
this tactical athlete performance program shall be made without 30 days prior notice to the Union. In 549
the event that changes to the program or components of the tactical athlete performance program are 550
deemed necessary by the City, the City will meet with the Union to discuss and receive input on the 551
proposed changes prior to their implementation by the City. 552
Section 8 – Retiree Health Insurance Placeholder Fee 553
554
Effective January 1, 2019, the City of Carmel will allow retired firefighters with at least 20 years of full-555
time service to the City to drop the City’s health plan when they retire, or any time they become eligible 556
for other coverage, then rejoin the City’s health plan at a later date. Retired firefighters who are not 557
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enrolled in the plan when they retire are also eligible for this program. All retiree re-enrollments are 558
subject to the following requirements: 559
560
A. Eligible retirees and their dependents must maintain continuous coverage through another 561
employer-sponsored health insurance program or an individual ACA-compliant plan offered by a carrier 562
licensed by the State of Indiana or, if the retiree has moved out of Indiana, the retiree’s state of 563
residence. 564
565
B. Proof of coverage must be submitted at the time of re-enrollment to the City’s Department of 566
Human Resources. 567
568
C. The retiree must submit the required paperwork on a timely basis to retain the right of re-569
enrollment. 570
571
D. Eligible retired firefighters can rejoin the plan under the following circumstances: 572
573
1. Any year during the open enrollment period. 574
2. Following a change in family status, provided application is made within 30 days of the 575
change. Such changes must be verified with appropriate documents. 576
577
E. Eligibility for the City’s plan ends when the retiree or covered dependent qualifies for Medicare. 578
579
F. Eligible retired firefighters who fail to follow the foregoing rules shall forfeit their eligibility for re-580
enrollment. 581
582
Section 9 – Additional Benefits 583
In addition to any other benefits set forth in this Agreement , Employees shall receive an additional 584
vacation day (24 hours) upon completion of 25 years of service, and the City shall contribute to their 585
employee health savings accounts in the following amounts: 586
Employee Only - From $600.00 to $800.00 587
Employee/Spouse - From $800.00 to $1,000.00 588
Employee/Child(ren) From $800.00 to $1,000.00 589
Employee/Family From $1,000.00 to $1,200.00 590
Section 10 – COBRA Administration Fee Waiver 591
The City agrees to waive the two percent (2%) administration fee for Employees and their dependents 592
who are entitled to elect COBRA continuation coverage when a qualifying event occurs. 593
594
595
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COMMON COUNCIL FOR THE CITY OF CARMEL 640
641
___________________________________ 642
Kevin D. Rider, President Jeff Worrell, Vice-President 643
644
___________________________________ ____________________________________ 645
Sue Finkam Laura Campbell 646
647
___________________________________ ____________________________________ 648
H. Bruce Kimball Anthony Green 649
650
___________________________________ ___________________________________ 651
Adam Aasen Tim Hannon 652
653
___________________________________ 654
Miles Nelson 655
656
ATTEST: 657
658
__________________________________ 659
Sue Wolfgang, Clerk 660
661
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 662
_________________________ 2022, at _______ __.M. 663
664
____________________________________ 665
Sue Wolfgang, Clerk 666
667
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 668
________________________ 2022, at _______ __.M. 669
670
____________________________________ 671
James Brainard, Mayor 672
673
ATTEST: 674
675
___________________________________ 676
Sue Wolfgang, Clerk 677
678
679
680
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