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Home My WebLink AboutCC-11-06-06-02 CPD-FOP- 185 " Sponsor: Councilor Brian Mayo RESOLUTION CC-i1-06-06-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL. INDIANA, AMENDING THE CONTRACT WITH FRATERNAL ORDER OF POLICE LODGE #185 WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana ("City") has established a contractual relationship with the Fraternal Order of Police Lodge #185 ("FOP"), pertaining to issues involving the hours, working conditions and certain other benefits of members of the Carmel Police Department; and WHEREAS; the City and the FOP now wish to revise their contractual relationship; and WHEREAS, the agreement attached hereto as Exhibii A, (the "Agreement") sets forth the new contractual relationship between. the City and the FOP; and WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public Works and Safety, the Common Council desires to accept and adopt the Agreement as an enforceable contract and obligation of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section I. The foregoing Recitals are jncorpo,rated 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. SO RESOLVED by the Common Council of the City of Carmel, Indiana this ~ ~ ,2006, by a vote of.:1.- ayes and ~ nays. ~~ dayof Page One of Two Pages The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on October 23, 206. Any changes thereafter made to this document are the sole responsibility of the document sponsor [Z:;f. B~ss'My Doc"",,,,,ts'Rcsolulic,,.-CC"010()li.FOP AgmllOOgc ~IB5,D<X':),'3,i2006 3cJ7 P:O-1J Sponsor: Councilor Brian Mayo FOR THE CITY OF CARMEL, INDIANA .JLD~ (XlY(j)~ Mark Rattennann - ATTEST:~ Diana L. Cordray, IAMC, Clerk- Tre Presented by me to the Mayor of the City of Cannel, Indian~, is ~ -t......day of N~ 2006, at .,: Iv O'clock, L. M. ~ . ... \ . Diana L. Cordray,IAMC, Clerk-Tr Approved by me, Mayor of the City of Cannel, Indiana, this ill ~ day of N 2006, at -1: \0 O'clock, L. M. Diana L. Cordray, IAMC, Clerk-Treas re ATTEST: Council Resolution No. CC-ll-06-06-02 Page Two of Two Pages The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on October 23, 206. Any changes thereafter made to this document are the sole responsibility of the document sponsor. [VE Dm'.\I) Documous;Rt'SOIBliuos.CCC'2006',fOP AIlOlll..ooK" ~I ~5 00(:JI3.'2006 3:37 PM) AGREEMENT BETWEEN CITY OF CARMEL AND FRATERNAL ORDER OF POLlCE LODGE #185 " [Z.\E B.w;\.\1)" OOCIll1lC1llS'Pclicc[)epl'FOP'.AGREE,.I.tEST 1ll.~(}.(l6 Fin,lI doc'J.'3'1OO6 3:37 PM] j AGREEMENT Section 1 This Agreement ("Agreement") is entered into by and between the 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 not 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 the 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 individually referred to as. an "Employee" and 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 m~y review the Clerk-Treasurer's records and/or certified records provided by the FOP to determine if the FOP maintains the support ofa majority of the Employees in the Department. If the FOP does not maintain the support of a two-thirds ('h) majority of the Employees in the Department, 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. [Z:\I! Bd..'My DocullIcnts\l'oliccDC'PL\FOP\AGREEMENT 10.20.(16 Filldl.doc:3/J!2(j1)6 3,37 I'M] 2 Section 4 The FOP and the City will begin negotiations, in good faith, on a future agreement before the termination of this Agreement. Section 5 Upon its. proper execution by all parties hereto, and subject to Section 2 above, this Agreement shall take effect at ]2:01 a.m. on January 1, 2007 and remain in effect until] ]:59 p.m. on December 3], 2008. 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 . A. Dues Collection. Upon receipt of voluntary, written, signed and dated authorization forms from Employees of the Represe~tative Unit who are members of the FOP, the City shall deduct each month from the earnings of each of 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 the City's 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 ~rise 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 Carmel PoliCe Chief ("Chief') or his designee, which approval shall not be unreasonably withheld. [Z:\E R.lss\My D<XDIll<1llS'Polkc[kpl'.FOP\AGREEMENT 10.20-00 Finlldor:3,/3r20M 3:37 1'.\1] 3 Section 8 A, 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 shall be 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 FOP to the Chief or by the Chief to the FOP at least seven (7) calendar days prior to the agreed upon meeting date. B. The City shall grant to the FOP and its members a combined total of one thousand (1,000) hours 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 Chief. Section 9 A. The Chief shall maintain personnel files for all Employees. Employees shall be allowed to examine the contents of their own personnel file, in the Chiefs office, during regular City business hours and, upon request, may receive copies of the documents contained in their personal files. B. 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 or her personnel file, the Employee may file a written response to same with the Chief. With the 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 [Z:'JO B.;:s'M)' Docuu,m\s'PolicelJ<'tl!\fOP..AGREEMENT 10-20.0/) Fi,,~ldoc;,3!)12OO6 3:37 1'.\1] 4 ( 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. The Department will normally require thirty (30) days for completing an Internal Affairs investigation, with status reports issued 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 are subject to investigation by Internal Affairs shall be individually notified in writing of the disposition of said investigation within thirty (30) days of said final disposition date. Section 10 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 special teams, as directed by the Chief. Section II A. Base Salarv Increase. All officers shall receive an increase to their base salary of three percent (3.0%) annually for the term of this Agreement. Should the Consumer Price Index for all Midwestern Wage Earners ("CPI-W") independent of seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year, fluctuate plus or minus 1.5% from the 3.0% provided by this Section, the parties to this Agreement shall meet to consider a more appropriate salary adjustment. For purposes of this Section, the CPI-W shall be determined by the City's Human Resources Director and hislher 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 be One Dollar ($1.00) an hour. C. FTO Pav. FTO (Field Training Officer) pay for officers shall be Four Dollars and Twenty- Five Cents ($4.25) an hour in addition to their regular pay. Such additional compensation shall be paid only to those officers when they are actually functioning in such position and training a new officer. [Z:\E n.ss'My Documcn!s\Puli.<D"pl'FOP'v\GREEMeNT 10.20-(l6 Fj,,~ldoc:3.'JI2006 ),37 P.\l] 5 D. Overtime Pav. Overtime compensation for officers shall be in addition to the amounts specified in this Section, 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 for any time an officer is called in off-duty for work related business. F. Longevitv Pav. Full-time officers shall receive longevity pay at the rate of Two Hundred Dollars ($200.00) per year of service for years 1-10 and Two Hundred Sixty Dollars ($260.00) per year of service for years 11-25. Longevity shall be capped at twenty-five (25) years of service ($5,900.00), in addition to all other forms of compensation. The rate of longevity pay shall be evaluated each year. Longevity pay terms and conditions shall conform to the City's current longevity ordinance as adopted by the Carmel Common Council. G. Specialty Pav. Officers who meet criteria specified by the Department's Rules and Regulations may qualify for specialty.pay, in addition to all other forms of compensation, as follows: Up to $2,500.00 Per Year Up to 52,500.00 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 $1,500.00 Per Year Up to $1,000.00 Per Year Each Department Employee shall be entitled to receive only one (I) type of specialty pay at any given time. An Employee shall receive the highest specialty pay for which he or she is eligible. All specialty pay shall cease when an Employee no longer performs the duties associated with the payor no longer meets the qualifications for such pay. To qualify for Foreign Language specialty pay, an officer shall be required to demonstrate fluency on standardized written and/or oral examinations. Only those officers fluent in languages that are regularly encountered in the performance of Carmel police work shall be eligible for tZ;\E B.lilS'My [)Q(un,m\S'Poli,c[)(pl\FOP.AGREEMENT 10.20-06 fill~1 doc:l.'J/2(106 3:37 PM) 6 . Investigator (Patrol/Detective Only) . School Resource Officer . Emergency Response Team . Field Evidence Technician . Drug Recognition Officer . Foreign Language . IDACS Coordinator the Foreign Language specialty pay. Officers who believe they may be eligible for this specialty pay shall make written application to the Chief of Police, who will determine which languages qualify and make arrangements for testing. The Chiefs decision shall be final and binding. H. Master Patrol Officer Pav. A Master Patrol Officer shall be entitled to receive up to Two Thousand One Hundred Dollars ($2, 100.00) 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 di fferentials. I. Accident Investigators. Certified Instructors. DARE Officers Pav. Officers designated as Accident IilVestigators, Certified Instructors and DARE Officers shall receive up to Three Dollars ($3.00) per hour for performing the duties associated with these functions, in addition to 'all other forms of compensation. J. Clothing Allowance. Officers with twelve (12) months of service in the Department shall receive a clothing allowance of One Thousand Two Hundred Dollars ($1,200.00) per year, to be paid semi-annually in equal installments in February and August of each year. K. Sick Leave Incentive Pav. Employees may be eligible for sick leave incentive pay. If the City chooses to provide sick leave incentive pay, it shall be based upon the amount of sick leave used by an Employee in a calendar year, as follows: No sick leave used 24 hours Up to and including one (I) shift used 20 hours Over one (I) to and including two (2) shifts used 12 hours 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) shi.fts used 0 hours The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive only, shall be calculated as follows: rbi-weekly base pay plus (+) longevity]/80 hours. All sick leave used by an Employee in the course of the calendar year, except leave for injuries incurred on duty or in the line of duty, or as otherwise required by applicable law, shall be counted 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 may be paid out each year in February, for the' prior calendar year, at the eligible Employee's current rate of pay. An lZIE Ba>!\My DC>CllIIlenIi'PoliccDcpI'.FOP\AGREnlENT 10.2Q.06 finJI d",,:]!)I201)6 3:37 PM] 7 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. L. Holidav Pav. Each Employee who is required to report to work on a City-declared holiday, whether on a scheduled or an unscheduled basis, shall receive Thirteen Dollars ($13.00) per hour premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the nearest quarter hour. M. Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees in effect at the time of the execution of this Agreement. N. Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in effect at the' time of the execution of this Agreement. O. Trade Davs. 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 as permitted by law. 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. P. Leave of Absence. Officers may be granted leaves with or without pay in accordance with Federal, State or local law. All leaves <:>f absence shall be subject to the approval of the Chief. Q. Catastrophic Medical Leave Bank. All officers' unused sick days shall be credited to the Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An officer who is unable to perform his/her own duties or to perform light duty assignments for an extended period of time due to illness or injury is eligible for PERF disability benefits, which are less than the officer's active duty pay. Under 35 lAC 2-5-1, the City is not allowed to supplement PERF disability payments. In order to avoid penalizing an officer financially during the period of recuperation, the Catastrophic Medical Leave Bank shall allow eligible officers to receive up to one hundred twenty (120) calendar days of full pay after sick leave and vacation benefits are exhausted and before PERF disability benefits [Z:\E Bm\My DocUIllClIIS\)'oI;ccDcpt\roP'AGREEMEKT 10_20-00 Fi,,"l<loc:J!3:2rI06 337 PM) 8 commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the. line of duty), as permitted by law. R. Retiree 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 (I %) for each additional six (6) months of service, up to a maximum of seventy-five percent (75%) of the employee-spouse (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 Fifty Dollars ($650.00) per month or Seven Thousand Eight Hundred Dollars ($7,800.00) per year. Coverage for other eligible dependents may be continued at the retiree's expense. The City's insurance premium contribution cap shall be evaluated each year to keep pace with current health insurance costs. Section 12 The City will allow FOP meetings to be held in City buildings at times agreed to by the Chief. 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 rightofthe 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 qfthe Department; [Zo'EB;u.s\\1yDoc:Ill11l'l!l;'PIllicctkpl'FOP\AGREE.\lE:-''Tlo..2()..(J6FilUldOC:3IN0063:37PM] 9 (d) Allocate personnel, apparatus, police stations and sub-stations and other resources in a manner the Chief believes is in the best interest of public safety and the safety of personnel; and (e) In addition, all terms and 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. 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. [Remainder of page intentionally left blank} [Z\E Bass"'ll' OocumClUS,,,,,Iicc:DcpI'FOP.AGREE.\lE."IT 1(l.20-()(, fin.1I doc:313'2006 3:37 I'M] 10 COMMON COUNCIL FOR THE ITY OF CARMEL, INDIANA ("C MMON COUNCIL") \ residing Officer Date: SO APPROVED AND ADOPTED. CARMEL BOARD OF PUBLIC WORKS AND SAFETY ("BOARD") /' BY: urke, Memb~r/ JJ-/~ Lori S. Watson, ~w Date: I I. I _ 0 V> ATTEST: er ATTEST: Diana L. Cordray, IA1\1C, Clerk-Tre {Z:1E BuslMyDocumenlS'PoliclDepllfOP\AGREEMENT 10-20-06 FinaldDC:313f2005U7PMj FRATERNAL ORDER OF POLICE LODGE #185 ("FOP") BY: ..?7~~' Donald D. Schoeff, Jr., re Ident Date: -J-() Ad Miller, Vice-President Date: II /:1 /,,~ ~.s;~ Scott Spillman, Treasurer Date: //-.s-~ o~ II III /o/., 11