HomeMy WebLinkAboutCC 11-21-22-01/Carmel FOP Lodge 185 Contract 2023-2024Sponsors: Councilors Worrell and Aasen
RESOLUTION CC 11-21-22-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING THE 2023-2024 CONTRACT WITH THE CARMEL
FRATERNAL ORDER OF POLICE LODGE 185
Synopsis: Approves the contract between the City of Carmel and the Carmel Fraternal
Order of Police Lodge 185 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 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 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 FOP 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 11-21-22-01
Page One of Two Pages
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
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 11-21-22-01
Page Two of Two Pages
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
21st
P
November
Not Present
22nd
November 3:45
November 3:30
0
P
8
22nd
Page | 1
1
2
3
4
5
6
Agreement Between 7
City of Carmel 8
and 9
Fraternal Order of Police Lodge #185 10
11
Effective 12
January 1, 2023 – December 31, 2024 13
14
15
16
17
EXHIBIT A
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 2
1
AGREEMENT 2
3
Section 1 4
This Agreement (“Agreement”) is entered into by and between the City of Carmel (“City”), represented 5
by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”) and the 6
City’s Common Council (“Common Council”), and the Fraternal Order of Police Lodge #185 (“FOP”) 7
represented by the Wage and Benefits Committee (“Representative Unit”). This Agreement shall not be 8
construed as a collective bargaining agreement for purposes of Federal or State labor laws or otherwise. 9
Section 2 10
The City recognizes the FOP as the exclusive representative agent for all sworn members of the Carmel 11
Police Department (“Department”) with the merit rank of Lieutenant or below for the limited purpose of 12
meeting and conferring with respect to salaries, wages, and other employee benefits so long as the FOP 13
maintains the support of a majority of those police officers. Members of the Department holding the 14
merit rank of Lieutenant or below shall hereinafter be referred to as “Employee” or “Employees,” and the 15
group of employees represented by the FOP as their exclusive representative shall be hereinafter 16
collectively referred to as the “Representative Unit.” If the City questions whether the FOP has the 17
support of the majority of the Employees in the Representative Unit, it may review the Clerk’s records 18
and/or certified records provided by the FOP to determine if the FOP maintains the support of a majority 19
of the Employees in the Department. If the FOP does not maintain the support of a majority of the 20
Employees in the Department, the City shall not recognize the FOP as the exclusive representative of 21
those Employees at the end of the calendar year in which such majority support is lost. 22
23
Section 3 24
If any provision of this Agreement is rendered or declared invalid by a court action or legislation, the 25
remaining portions of this Agreement shall remain in full force and effect. 26
27
Section 4 28
The FOP and the City will begin negotiations, in good faith, on a future agreement before the termination 29
of this Agreement. 30
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 3
Section 5 1
Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement shall take 2
effect on January 1, 2023, and shall remain in effect until 11:59 p.m. on December 31, 2024. The FOP 3
and the City shall begin negotiations, in good faith, on a future labor agreement no later than June 2024. 4
This Agreement shall remain in full force and effect, unless either party desiring to amend this Agreement 5
shall notify the other in writing. Notice of a request for amendment shall specify the content of any and 6
all proposed amendments. If a new agreement is not executed before the end of this Agreement, then this 7
Agreement shall remain in effect until a new agreement is executed by the parties hereto. 8
Section 6 9
10
The terms of this Agreement are intended to cover only minimums in hours, salaries, wages and certain 11
other Employee benefits. The City may implement or retain in effect superior salaries, wages, hours and 12
other Employee benefits. 13
Section 7 14
A. Dues Collection. Upon receipt of voluntary, written, signed and dated authorization form 15
from Employees of the Representative Unit who are members of the FOP, the City shall 16
deduct each month from the earnings of each said Employees an amount representing their 17
regular, monthly dues for the preceding month and shall remit such monies, together with 18
the appropriate records, to a designated FOP official. The City shall not be liable to the 19
FOP for failure to make deductions or errors in deductions for dues. The FOP will 20
indemnify the City and hold it harmless from any or all claims or liabilities which may 21
arise under this paragraph. 22
23
B. Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient location to 24
be used by the FOP, for the purpose of posting FOP notices and other FOP materials. The 25
City reserves the right to remove inappropriate materials provided that the City provides 26
notice to the FOP and the reason for such removal. 27
28
C. Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose 29
of conveying FOP announcements to members of the Department after securing the 30
approval of the Police Chief (“Chief”) or his/her designee, which approval shall not be 31
unreasonably withheld, and shall not be denied without due cause. 32
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 4
1
Section 8 2
3
A. There shall be a FOP Wage and Benefits Committee composed of five (5) members. A 4
Wage and Benefits Committee Shall be convened prior to the expiration of the current 5
Agreement. Three (3) members of the Wage and Benefits Committee shall be appointed 6
by the Executive Board of the FOP and two (2) representatives appointed by the Chief. 7
The Chief and Mayor, or their representatives, shall meet and confer not less than twice 8
annually, for the purposes of discussing wage and benefit issues affecting Employees. 9
Discussions at said meetings shall be limited to the subject matter included in the agenda 10
submitted by the FOP to the Chief or by the Chief to the FOP at least seven (7) calendar 11
days prior to the agreed upon meeting date. 12
13
B. The City shall grant to the FOP and its members one thousand (1,000) hours total annually 14
to be used to perform FOP duties such as, but not limited to, FOP conventions, 15
conferences, and seminars. The FOP member requesting such time shall submit such 16
request to the FOP President for approval, and then shall submit the appropriate form to 17
his/her immediate supervisor for Department approval, which approval shall not be 18
unreasonably withheld subject to the staffing and operations need of the Department as 19
determined by the Chief. Such approval shall not be denied without due cause. 20
21
Section 9 22
23
A. The Chief shall maintain personnel files for all Employees. Employees shall be allowed to 24
examine the contents of their own personnel file, in the Chief’s office, during regular City 25
business hours and, upon request, may receive copies of the documents contained in their 26
personnel files. 27
28
B. Employees may not remove any document from their personnel file, but may challenge, in 29
writing, any data believed to be inaccurate. The Chief shall direct an investigation of all 30
such challenges. If there exists any comment adverse to an Employee’s interest contained 31
in his personnel file, the employee may file a written response to same with the Chief. 32
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 5
With approval of the Chief, which approval shall not be unreasonably withheld, this 1
response shall be attached to said adverse comments. It is understood and agreed that 2
information retained by the Internal Affairs files shall not be included in an Employee’s 3
personnel file or available for review and/or copying by such employee. Further, once an 4
employee is scheduled for interrogation by the Department concerning an internal 5
investigation, he or she will be informed of the nature of the complaint but not the name of 6
the complainant. The Employee, upon request, shall be afforded the opportunity to consult 7
with legal counsel prior to any Departmental interrogation, which consultation shall not be 8
allowed to materially delay the timing of the interrogation. Before any interrogation that 9
has the reasonable potential, based upon the facts and circumstances then known, to lead to 10
criminal charges, the Department shall advise the Employee of his/her Garrity rights. The 11
impact of an Internal Affairs investigation on the integrity of the Department and on 12
employee morale necessitates a timely resolution to such issues. Therefore, the 13
Department requires a thirty (30) day limit for completing an Internal Affairs investigation 14
with status reports due every seven (7) days. There may be exceptions to the thirty-day 15
limit, but extensions should only be granted for those cases in which extenuating 16
circumstances exist. Employees who are subject to investigation by Internal Affairs shall 17
be individually notified in writing of the disposition of said investigation within thirty (30) 18
days of said final disposition. 19
20
C. When a FOP member (“Member”) is interviewed, formally or informally, regarding a 21
matter that might lead to disciplinary action, if that Member requests an FOP 22
representative, all questioning will cease for a reasonable period of time (not to exceed 24 23
hours) until an FOP representative (selected by the FOP) can be present. 24
D. The parties hereto agree that if changes are sought to the extra duty or off duty 25
employment policy, they shall meet and discuss the proposed changes and make a 26
reasonable effort to reach a mutually agreeable solution. 27
Section 10 28
The City shall make reasonable provisions for the safety and health of Employees during the hours of 29
their employment. It shall maintain its equipment and facilities in safe operating condition in accordance 30
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 6
with Federal, State, and local law. The City shall provide, at its expense, the equipment for special teams, 1
as directed by the Chief. 2
Section 11 3
Although the parties recognize that it is difficult to compare different pay and work structures as to ensure 4
exact mathematical equivalencies, the City agrees that, to the extent possible, to ensure that Employees 5
receive the equivalent compensation in pay and benefits received by all City public safety employees. 6
7
A. Base Pay. All 2023 base salaries shall be adjusted consistent with the salary survey 8
conducted by the City in 2016. Salaries shall be as follows: 9
• Lieutenant $101,502 10
• Sergeant $90,749 11
• First Class/Master Patrol Officer $82,945 12
• Certification and 4 - 10 years’ experience: $66,662 - $79,995 13
14
Base salary increases shall conform to the guidelines listed below: 15
Definitions 16
17
GRADE—pay category to which a City position is assigned; each position is placed 18
within a hierarchy of Grades (see attached matrix), based on the knowledge, skills, abilities 19
and responsibility required by the position. 20
21
STEP—established point between the Range Minimum and Range Maximum of a Grade; 22
each Grade has six (6) equidistant Steps, which are adjusted annually. 23
24
MARKET—municipalities and other employer organizations selected by the City as the 25
basis for salary comparisons. 26
27
RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade; 28
generally, the rate at which a new City employee will be paid. 29
30
RANGE MAXIMUM—highest pay rate for a City position in a particular Grade; 31
generally, the rate at which an employee with five (5) or more years of experience in a 32
particular job will be paid. 33
34
STEP INCREASE—annual pay adjustment based on an additional year of service and the 35
increased knowledge, skill and ability that the year of service represents; employees in 36
Steps one (1) through five (5) will generally move to the next higher Step on January 1 of 37
each year. 38
39
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 7
PROMOTION—change of positions that results in a higher Grade. 1
2
RE-EVALUATION—review of a position’s assigned Grade brought about by an increase 3
(or decrease) in knowledge, skill, ability and responsibility requirements; a Re-evaluation, 4
performed by the City’s independent consultant, which may result in a higher Grade, a 5
lower Grade or no change in Grade. 6
7
Grade and Step 8
9
1. New Employees hired with no experience start at Grade 11, Step 1. The exception to this 10
rule shall apply to new Employees hired under the lateral employment program. The 11
following matrix shall apply: 12
13
Entry level starting salary (no experience): Grade 11, Step 1 14
Academy Certification and up to 1 year of experience: Grade 11, Step 2 15
2 years experience: Grade 11, Step 3 16
3 years experience: Grade 11, Step 4 17
4 or more years experience: Grade 11, Step 5 18
19
2. Step Increases will be given in January only; increases are to be given the rest of the year 20
only as the result of a Promotion or a job Re-Evaluation by the City’s independent 21
consultant. All such increases must place an Employee at a specific Step in the appropriate 22
Grade. 23
24
3. An Employee will not receive a Step Increase in January unless he/she was hired prior to 25
October 1 of the previous year. Employees hired between October 1 and December 31 will 26
receive a Cost of Living Increase but no Step Increase. 27
28
4. Step Increases may be contingent upon meeting certain pre-established criteria, such as 29
education and certification requirements. Employees subject to such requirements shall be 30
made aware by their existence promptly upon inception of the requirements, or acceptance 31
of a job that carries such requirements. 32
33
5. No Employee’s salary will be allowed to exceed the Range Maximum (Step 6) for his/her 34
Grade, unless his/her salary was already above Step 6 on January 1, 1999. 35
36
6. An Employee whose pay is adjusted due to a Promotion will be placed in a Step that will 37
ensure an appropriate pay increase, such Step to be determined by the Chief of Police or 38
his designee. 39
40
B. Cost-of-Living Adjustment. 41
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 8
The 2023 salaries include a 6% cost-of-living adjustment (COLA) and for year 2024 1
include a 3% (COLA). The parties hereto agree that should the Consumer Price Index for 2
all Midwestern Wage Earners (“CPI-W”) independent of seasonal adjustment, as reported 3
by the Bureau of Labor Statistics of the United States Department of Labor for the time 4
period of from June 2022 to June 2023 fluctuate plus or minus 1%, the parties shall return 5
to the negotiation process to consider a more appropriate COLA. 6
7
C. Shift Differential. Shift Differential for Employees whose shifts begin at or after 2:00 PM 8
shall receive One Dollar ($1.00) an hour. 9
10
D. FTO Pay. FTO (Field Training Officer) pay for Employees shall receive position pay in 11
the amount of Ten Dollars ($10.00) an hour on top of their regular pay. Such additional 12
compensation shall be paid only to those Employees when they are actually functioning in 13
such position, when training a new officer. 14
15
E. Overtime Pay. Overtime compensation for Employees shall be in addition to the amounts 16
specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and 17
the City’s most current compensation ordinance as adopted by the Common Council. 18
19
F. Court Time and Call Out Time. Employees shall receive a minimum of two (2) hours 20
compensation for court sessions attended during non-working hours for and any time an 21
Employee is called in off-duty for work related business. Employees called in for 22
unscheduled work-related business, such as shift coverage, a special team’s emergency call 23
out, or any other non-scheduled mandatory callback, shall be compensated at the pay rate 24
of time and a half. An Employee may not receive compensation time in lieu of time and a 25
half for these specific types of mandatory callbacks. 26
G. Longevity Pay. Full-time Employees shall receive longevity pay at the rate of Two 27
Hundred Fifty Dollars (250.00) per year of service for years 1-10 and Three Hundred Ten 28
Dollars (310.00) per year of service for years 11-25. Longevity shall be capped at 25 years 29
of service or $7,150.00, in addition to all other forms of compensation. The rate of 30
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 9
longevity pay shall be evaluated each year. Longevity pay terms and conditions shall 1
conform to the City’s current longevity ordinance as adopted by the Common Council. 2
3
H. Positional Pay. Employees who meet the criteria specified by the Department and who 4
serve in the position of investigator (CID and SID) or school resource officer (SRO) are 5
eligible for positional pay, in addition to all other forms of compensation. Supervisors of 6
these units are not eligible for positional pay. 7
8
• Investigator (Patrol/Detective Only) $3,000 Per Year 9
• School Resource Officer $3,000 Per Year 10
11
I. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and 12
Regulations may qualify for the specialty pay, in addition to all other forms of 13
compensation: 14
• Personnel Specialist/FTO Coordinator $2,500.00 Per Year 15
• Firearms Range/Training Coordinator $2,500.00 Per Year 16
• K-9 Handler $1,500.00 Per Year 17
• K-9 Coordinator $2,500.00 Per Year 18
• Foreign Language Interpreter $2,000.00 Per Year 19
• Special Weapons And Tactics (SWAT) $2,500.00 Per Year 20
• Emergency Response Group (ERG) $2,000.00 Per Year 21
• Traffic Division (Motorcycle Patrol Officer) $1,500.00 Per Year 22
• Accident Investigator Up to $1,500.00 Per Year 23
• Field Evidence Technician $2,500.00 Per Year 24
• Drug Recognition Officer $1,000.00 Per Year 25
• IDACS Coordinator $1,000.00 Per Year 26
27
• Child Safety Seat Technician $1000.00 Per Year 28
• Unmanned Aircraft Systems (UAS) $1,500.00 Per Year 29
• Honor Guard $1,000.00 Per Year 30
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 10
• Police Officer Support Team $1,000.00 Per Year 1
• Negotiator $1,500.00 Per Year 2
3
Employees who achieve certification levels associated with the following hours are eligible 4
for the corresponding specialty pay: 80hrs-$1500.00, 160hrs-$2,000.00, 240hrs-$2500.00. 5
Each Employee shall be entitled to receive no more than two (2) types of specialty pay at 6
any given time, with the exception of Foreign Language Interpreter. The Employee shall 7
receive the highest two types of specialty pay for which he/she is eligible. All specialty pay 8
shall cease when an Employee no longer performs the duties associated with the pay or no 9
longer meets the qualifications for such pay. 10
11
J. First Class/Master Patrol Officer Pay. The First Class/Master Patrol Officer pay, as stated 12
in Section A above, shall increase at the same percentage rate as a Patrol Officer. A First-13
Class Master Patrol Officer is eligible to receive specialty pay and other hourly specialty 14
pay differentials. The City agrees to certify First Class Master Patrol as First-Class salary 15
to the 1977 Fund. 16
17
K. Accident Investigators, Certified Instructors, Employees designated as Accident 18
Investigators, who have not yet met the qualifications as a part of Section 11, Part I of this 19
Agreement, and Certified Instructors shall receive up to Three Dollars ($3.00) per hour for 20
performing the duties associated with these functions, in addition to all other forms of 21
compensation. 22
23
L. Clothing Allowance. Employees with twelve (12) months of service in the Department 24
shall receive a clothing allowance of One Thousand Four Hundred Dollars ($1400.00) per 25
year, to be paid in a lump sum on or before April 1 of each year. Such payment shall be 26
treated as taxable income. 27
28
29
M. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, which 30
is based on the amount of sick leave used in a calendar year as follows: 31
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 11
1
No sick leave used 24 hours 2
Up to and including one (1) shift used 20 hours 3
Over one (1) to and including two (2) shifts used 12 hours 4
Over two (2) to and including three (3) shifts used 8 hours 5
Over three (3) to and including four (4) shifts used 4 hours 6
Over four (4) shifts used 0 hours 7
8
The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive 9
only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All 10
sick leave used by an Employee in the course of the calendar year, except leave for injuries 11
incurred on duty or in the line of duty, shall be counted toward the incentive pay 12
calculation for that year, regardless of the reason for the leave or the status of the leave. 13
Sick leave incentive pay may be paid out each year in February, for the prior calendar year, 14
at the eligible Employee’s current rate of pay. An Employee must be employed by the 15
Department for an entire calendar year, and must be employed by the City at the time of 16
the payout, in order to be eligible for incentive pay for that calendar year. 17
18
19
20
21
22
23
24
25
26
27
28
29
30
N.Holiday Pay. Each Employee who is required to report to work on a declared holiday,
mwhether on a scheduled or an unscheduled basis, shall receive Fifteen Dollars ($15.00)
per hour premium pay for each hour actually worked on the holiday. Such premium pay
shall be calculated to the nearest quarter hour.
O.Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees
in effect at the time of the execution of this Agreement.
P.Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in
effect at the time of the execution of this Agreement.
Q.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 the31
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 12
end of the 28-day work period and must be documented on the appropriate City form. 1
Subject to advance approval of the his/her supervisor, an Employee will be allowed to 2
trade days with another Employee of the same rank, within the same 28-day period. Once 3
the trade has been approved, the trading Employees will be considered members of their 4
traded shift for that day and responsible for their attendance and manpower requirements; 5
as if it were their own shift. In the event of an absence, normal procedures to fill 6
manpower requirements will be followed (i.e. the original Employee will not be required to 7
cover the shift). The Department will have the unilateral right, after meeting and 8
conferring with the FOP, to discontinue or alter the procedure for trading days. 9
10
R. Leave of Absence. Employees may be granted leaves with or without pay in accordance 11
with Federal, State or local law. All leaves of absence shall be subject to the approval of 12
the Chief. 13
14
S. Catastrophic Medical Leave Bank. All Employee unused sick days shall be credited to the 15
Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An Employee who 16
is unable to perform his/her own duties or to perform light duty assignments for an 17
extended period of time due to illness or injury is eligible for PERF disability benefits, 18
which are less than the Employee’s active duty pay. Under 35 IAC 2-5-1, the City is not 19
allowed to supplement PERF disability payments. In order to avoid penalizing an 20
Employee financially during the period of recuperation, the Catastrophic Medical Leave 21
Bank shall allow eligible Employees to receive up to one hundred twenty (120) calendar 22
days of full pay after sick leave and vacation benefits are exhausted and before PERF 23
disability benefits commence (two hundred forty (240) calendar days for injuries or 24
illnesses incurred in the line of duty). 25
26
27
T. Retiree Health Insurance. The City shall contribute fifty percent (50%) of the monthly 28
employee-spouse premium for retirees who have twenty (20) years of active service with 29
the City, plus an additional one percent (1%) for each additional six (6) months of service, 30
up to a maximum of seventy-five percent (75%) of the employee-spouse (or 75% of the 31
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 13
employee-only premium if the employee is unmarried or the spouse is not covered by the 1
City plan), provided that the City’s insurance premium contribution shall not exceed Nine 2
Hundred Dollars ($900.00) per month or Ten Thousand Eight Hundred Dollars 3
($10,800.00) per year. Coverage for other eligible dependents may be continued at the 4
retiree’s expense. The City’s insurance premium contribution cap shall be evaluated each 5
year to keep pace with current health insurance costs. For an Employee who dies in the line 6
of duty, the City shall contribute 100% of the monthly spouse and dependent (if 7
applicable) medical and dental premiums. For an Employee who is disabled, the City shall 8
contribute to insurance premium according to the formula found in City Code Section 2-9
42. Retiree Health Insurance will only be available for Employees hired prior to October 3, 10
2016. 11
U. Retiree Health Insurance Re-Enrollment. Effective January 1, 2019, the City will allow 12
retired police officers with at least 20 years of full-time service to the City to drop the 13
City’s health plan when they retire, or any time they become eligible for other coverage, 14
then rejoin the City’s health plan at a later date. Retired police officers who are not 15
enrolled in the plan when they retire are also eligible for this program. All retiree re-16
enrollments are subject to the following requirements: 17
18
1. Eligible retirees and their dependents must maintain continuous coverage 19
through another employer-sponsored health insurance program or an individual 20
ACA-compliant plan offered by a carrier licensed by the State of Indiana or, if 21
the retiree has moved out of Indiana, the retiree’s state of residence. 22
23
2. Proof of continuous coverage must be submitted at the time of re-enrollment to 24
the City’s Department of Human Resources. 25
26
27
28
3. Eligible retired police officers can rejoin the plan under the following 29
circumstances: 30
31
A. Any year during the open enrollment period. 32
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 14
1
B. Following a change in family status, provided application is made 2
within 30 days of the change. Such changes must be verified with 3
appropriate documentation. 4
5
4. Eligibility for the City’s plan ends when the retiree or covered dependent qualifies 6
for Medicare. 7
8
5. Eligible retired police officers who fail to follow the foregoing rules shall forfeit 9
their eligibility for re-enrollment. 10
11
V. Police and Fire Employee INPRS. The City shall maintain membership in the 1977 Fund 12
and shall require members of the Department to meet the eligibility requirements for the 13
Fund. The City shall pay twenty-one percent (21%) of the established Police Officer First 14
class salary for each member of the Department participating in the 1977 Fund. In the 15
event that state actuary reports are lower than the twenty-one percent (21%) obligation 16
levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the 17
six percent (6%) obligation levied upon the members of the Department. 18
W. Vacation Buy-Back: Employees may submit up to one third (1/3) of their unused annually 19
accrued vacation time. The City may buy back some or all of such vacation time and, if it 20
does so, shall buy back each hour of vacation time at the Employee’s hourly rate. 21
Employees must submit their hours in no less than eight (8) hour increments to the 22
Department on the first Monday of the last pay period of a calendar year. Payment for any 23
submitted vacation, if approved, shall be rendered by the City before the last day in 24
February of the following year. 25
Sworn Personnel: 26
27
1-5 years Maximum of 4 full shifts eligible for submission (32 hours) 28
6-20 years Maximum of 6 full shifts eligible for submission (48 hours) 29
21 or more years Maximum of 7 full shifts eligible for submission (56 hours) 30
Any Employee who has been suspended from the Department for disciplinary purposes or 31
any Employee having used five (5) or more sick days in a calendar year will be 32
disqualified from this benefit as permitted by law, for the year in which the suspension 33
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 15
occurred, or more than (5) sick days were used. The only exception to this rule would be 1
an on-duty injury. The hourly rate of pay for each eligible employee, for the purposes of 2
this pay incentive only, shall be calculated as follows: [bi-weekly base pay plus (+) 3
longevity]/80 hours. 4
5
X. Tuition Reimbursement. The City sponsors a tuition reimbursement program subject to 6
City Code § 2-58, as amended, for full-time City employees who are so employed both on 7
the year prior to the beginning of the course for which tuition reimbursement is requested 8
and at the time the final request for reimbursement is made. To be eligible for tuition 9
reimbursement the employee cannot have been subject to disciplinary probation, demotion, 10
or suspension within the 90 calendar days immediately prior to the beginning date of the 11
course for which tuition reimbursement is requested. 12
13
Y. Dependent Care. The City agrees to allow employees to utilize up to 5 days of their sick 14
time annually for the unexpected care and treatment of a dependent. The City agrees to 15
treat this benefit in the same manner as an employee sick day. This does not increase the 16
amount of sick time afforded to an employee. 17
18
Z. On Call. Employees who are on call shall be compensated at a flat rate of ten dollars 19
($10.00) per shift for regular weekdays and twenty-five dollars ($25.00) per shift for 20
Saturday, Sunday and City Holidays, in addition to all other forms of compensation. If an 21
Employee is called in, he/she will receive monetary compensation for the hours he/she 22
actually works. 23
24
AA. Additional Benefits. In addition to any other benefits set forth in this Agreement or in the 25
City’s employee handbook, Employees shall receive an additional vacation day upon 26
completion of 25 years of service, and the City shall contribute to their employee health 27
savings accounts in the following amounts: 28
Employee Only From $600.00 to $800.00 29
Employee/Spouse From $800.00 to $1,000.00 30
Employee/Child(ren) From $800.00 to $1,000.00 31
Employee/Family From $1,000.00 to $1,200.00 32
33
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 16
BB. 2023 Inflation Bonus. Each Employee who is employed by the City on February 4, 2023, 1
shall receive a one-time inflation bonus equal to two percent (2%) of their 2023 base 2
salary. 3
4
CC. COBRA Administration Fee Waiver. The City agrees to waive the two percent (2%) 5
administration fee for Employees and their dependents who are entitled to elect COBRA 6
continuation coverage when a qualifying event occurs. 7
DD. No Diminishment of Benefits. The City shall not diminish any employee benefit included 8
in its employee handbook but not part of this Agreement. This obligation shall continue 9
through Agreement termination, and said handbook is hereby included and made a part 10
hereof by reference. 11
12
Section 12 13
The City shall allow FOP meetings to be held in City buildings at times agreed to by the Chief. The FOP 14
will be responsible for the care and security of the building during such meetings. The City will allow the 15
FOP to utilize electronic bulletin boards, e-mail systems, Internet access and paging systems in 16
accordance with existing City policies. 17
Section 13 18
No Employee will be required to join, support or pay dues to the FOP. There shall be no discrimination, 19
interference, restraint or coercion by the City or FOP against any Employee for activities or membership 20
in the FOP, or a refusal to support, be active in or become a member of the FOP. 21
22
Section 14 23
The FOP agrees that it is the exclusive right of the City to: 24
25
(A) Maintain order, discipline and efficiency in the operations of the Department; 26
(B) Hire, direct, transfer, promote, discharge or otherwise discipline Employees in 27
accordance with law; 28
(C) Operate and manage the work of the Department; 29
(D) Allocate personnel, apparatus, police stations and sub-stations and other resources in a 30
manner the Chief believes is in the best interest of public safety and the safety of 31
personnel; and 32
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 17
(E) In addition, all terms and conditions of employment not addressed above in this 1
Section or otherwise in this Agreement shall continue to be provided in and at the sole 2
discretion of the City. 3
4
The FOP and the City agree to work together in good faith to resolve labor/management issues covered 5
within the purview of this Agreement. The FOP agrees to encourage its members to follow all Department 6
rules, policies and procedures and to strive to improve their skills to ever-higher levels, and the City 7
agrees to enforce its rules in a fair and impartial manner. 8
Section 15 9
The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under 10
circumstances wherein full funding would not adversely affect a vital governmental function of the City, 11
all financial provisions of this Agreement shall become null and void to the extent they are not funded, 12
and that they will return to the negotiation process to negotiate Agreement terms that are consistent with 13
the level of funding approved by the Common Council. The City agrees to promptly consult with the FOP 14
Executive Board, upon request, regarding changes made to an Employee’s working conditions and/or 15
standards. However, subject to Section 11 of this Agreement, the salary, bonus, vacation and sick leave 16
benefits in effect for Employees pursuant to this Agreement shall not be reduced without the mutual 17
consent of the City and the FOP Executive Board. 18
19
Section 16 20
Neither party shall be liable for its failure to perform any of its obligations under this Agreement that have 21
become practicably impossible because of circumstances beyond the reasonable control of that party. 22
Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism; 23
government acts or orders; epidemics, pandemics; and, national, state, county, or City emergencies. 24
Written notice of a party’s failure or inability to perform due to force majeure shall be given to the other 25
party within seven (7) business days from the date of the substantial commencement of the force majeure 26
event and shall describe the event (and is commencement date) therein with reasonable certainty. The 27
parties agree to meet and discuss proposed changes to each side’s performance obligations under the 28
Agreement necessitated by a force majeure event and shall utilize reasonable efforts to come to terms on 29
any amendment to the Agreement. Any amendments to the Agreement shall be incorporated within the 30
Agreement as if fully set forth herein and shall be in writing and signed by both parties. 31
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659
Page | 19
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 1
_________________________ 2022, at _______ __.M. 2
3
____________________________________ 4
Sue Wolfgang, Clerk 5
6
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 7
________________________ 2022, at _______ __.M. 8
9
____________________________________ 10
James Brainard, Mayor 11
12
ATTEST: 13
14
___________________________________ 15
Sue Wolfgang, Clerk 16
17
18
19
DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659