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HomeMy WebLinkAboutCC-01-24-13-02 Police Union Agreement/Expires 2014SPONSOR(S): Councilor(s) Sharp and Snyder RESOLUTION CC- 01- 24 -13 -02 (FORMERLY CC- 12- 17- 12 -02) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING THE CONTRACT WITH THE CARMEL FRATERNAL ORDER OF POLICE LODGE 185 WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana ( "City ") has established a contractual relationship with the Carmel Fraternal Order of Police Lodge 185 (FOP), pertaining to issues involving hours, working conditions and certain other benefits of members of the Carmel Police Department; and WHEREAS, the City and the FOP now wish to revise their contractual relationship; and WHEREAS, the agreement attached hereto as Exhibit A, (the "Agreement ") sets forth the new contractual relationship between the City and the FOP; and WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public Works and Safety, the Common Council desires to accept and adopt the Agreement as an enforceable contract and obligation of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Common Council hereby encourages the Board of Public Works and Safety to approve and execute the Agreement at its earliest convenience. Section 3. As of the date on which the Agreement is properly executed by the Board of Public Works and Safety in its present form, the Common Council hereby accepts and adopts the Agreement as an enforceable contractual obligation of the City. PASSED by the Common Council of the City of Carmel, Indiana this - day of 51/*.kr,aAA.6 , 2013, by vote of LEI ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL,' Presiding Officer Nor P ?SeN1 Richard L. Sharp, President ald E. Carter `Sueli n ka m/ Diana L. Cordray, IAMC, Clerk -Tr easiger (Kevin D. Rider 84.64fit Carol Schleif W. Eric Sei enstick er Luc yder Presented by me to the Mayor of the City of Carmel, Indiana thisoo`( day of 2013, at 71 0S" P P.M. Diana L. Cordray, IAMC, Clerk - Treasurer Approved by me, Mayor of the City of Carmel, Indiana, thisQ.L{ day of 2013, at —7 : OS P .M. mes Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer PREPARED BY: Shane R. VanAtter President FOP #185 [EXHIBIT "B" 1/14/13 Agreement Between City of Carmel And Fraternal Order of Police Lodge #185 Effective January 1, 2013 to December 31, 2014 AS AMENDED 1 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 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 collectively refen•ed to as "employees" and the group of employees represented by the FOP as their exclusive representative shall be hereinafter collectively referred to as the "Representative Unit." If the City questions whether the FOP has the support of the majority of the employees in the Representative Unit, it may review the Clerk- Treasurer's records and /or certified records provided by the FOP to determine if the FOP maintains the support of a majority of the Employees in the Department. If the FOP does not maintain the support of a majority of the sworn members of 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. Section 4 The FOP and the City will begin negotiations, in good faith, on a future agreement before the termination of this Agreement. If a new Agreement is not executed before the end of this Agreement, then this Agreement shall remain in effect until a new Agreement is executed by the parties hereto. [EXHIBIT `B" 1/14/13 2 Section 5 Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement shall take effect at 12:01 a.m. on January 1, 2013 and remain in effect until 11:59 p.m. on December 31, 2014. 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 form from Employees of the Representative Unit who are members of the FOP, the City shall deduct each month from the earnings of each said Employees an amount representing their regular, monthly dues for the preceding month and shall remit such monies, together with the appropriate records, to a designated FOP official. The City shall not be liable to the FOP for failure to make or errors in deductions for dues. The FOP will indemnify the City and hold it harmless front any or all claims or liabilities which may arise under this paragraph. B. Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient location to be used by the FOP, for the purpose of posting FOP notices and other FOP materials. The City reserves the right to remove inappropriate materials provided that the City provides notice to the FOP and the reason for such removal. C. Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose of conveying FOP announcements to members of the Department after securing the approval of the Chief or his designee, which approval shall not be unreasonably withheld, and shall not be denied with undue cause. Section 8 A. There shall be an FOP Wage and Benefits Committee composed of five (5) members. The Wage and Benefits Committee shall be convened prior to the expiration of the current Agreement. Three (3) members of the Wage and Benefits Committee shall be appointed by the Executive Board of the FOP and two (2) representatives appointed by the Chief. The Chief and Mayor, or their representatives, shall meet and confer not less than twice 'EXHIBIT "B" 1/14/13 3 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 one thousand (1,000) hours total annually to be used to perform FOP duties such as, but not limited to, FOP conventions, conferences, and seminars. The FOP member requesting such time shall submit such request to the FOP President for approval, and then shall submit the appropriate form to his /her immediate supervisor for Department approval, which approval shall not be unreasonably withheld subject to the staffing and operations need of the Department as determined by the Chief. Such approval shall not be denied with undue cause. 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 personnel 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 personnel file, the employee may file a written response to same with the Chief. With approval of the Chief, which approval shall not be unreasonably withheld, this response shall be attached to said adverse comments. It is understood and agreed that information retained by the Internal Affairs files shall not be included in an Employee's personnel file or available for review and /or copying by such employee. Further, once an employee is scheduled for interrogation by the Department concerning an internal investigation, he or she will be informed of the nature of the complaint but not the name of the complainant. The employee, upon request, shall be afforded the opportunity to consult with legal counsel prior to any Departmental interrogation, which consultation shall not be allowed to materially delay the timing of the interrogation. Before any interrogation that 'EXHIBIT "B" 1/14/13 4 has the reasonable potential, based upon the facts and circumstances then known, to lead to criminal charges, the Department shall advise the employee of his or her Garrity rights. The impact of an Internal Affairs investigation on the integrity of the Department and on employee morale necessitates a timely resolution to such issues. Therefore, the Carmel Police Department requires a thirty (30) day limit for completing an Internal Affairs investigation with status reports due every seven (7) days. There may be exceptions to the thirty -day limit but extensions should only be granted for those cases in which extenuating circumstances exist. Officers who 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. 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 and facilities 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 11 Although the parties recognize that it is difficult to compare different pay and work structures as to ensure exact mathematical equivalencies, the City agrees that, to the extent possible, to ensure that Carmel Police Officers receive the equivalent compensation in pay and benefits received by all Carmel public safety employees. A. Base Salary Increase. Subject to Section 15 of this agreement, all Employees covered by this Agreement shall receive an increase to their base salary (COLA) a percentage amount that is at least equal to the change in the Consumer Price Index for all Midwest Wage Earners ("CPI-W") using the December to December comparison versus the previous year, independent of seasonal adjustment, as reported by the United States Department of Labor, Bureau of Labor and Statistics for the previous calendar year, provided that the amount shall not exceed three percent (3 %) nor fall below zero percent (0 %). Should the COLA provided for by this section exceed three percent (3 %) or if any adjustments to other employee benefits effectively voids the proposed COLA, the City and the FOP and 'EXHIBIT "B" 1/14/13 5 approved by the Common Council shall return to the negotiation process to consider a more appropriate COLA. B. Shift Differential. Shift Differential for officers whose shifts begin at or after 2:00 PM shall receive One Dollar ($1.00) an hour. C. FTO Pay. FTO (Field Training Officer) pay for officers shall receive position pay in the amount of Five Dollars ($5.00) an hour on top of their regular pay. Such additional compensation shall be paid only to those officers actually functioning in such position, when training a new officer. D. Overtime Pay. Overtime compensation for officers shall be in addition to the amounts specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and the City of Carmel's most current compensation ordinance as adopted by the Carmel Common Council. E. Court Time and Call Out Time. Officers shall receive a minimum of two (2) hours compensation for court sessions attended during non- working hours for and any time an Officer is called in off -duty for work related business. F. Longevity Pay. Full -time officers shall receive longevity pay at the rate of Two Hundred Twenty Dollars ($220.00) per year of service for years 1 -10 and Two Hundred Eighty Dollars ($280.00) per year of service for years 11 -25. Longevity shall be capped at 25 years of service or $6,400, 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 Pay. Officers who meet criteria specified by the Police Department's Rules and Regulations may qualify for the specialty pay, in addition to all other forms of compensation: !EXHIBIT "B" 1/14/13 o Investigator (Patrol /Detective Only) • School Resource Officer o Personnel Specialist /FTO Coordinator • Firearms Range /Training Coordinator • Special Weapons And Tactics (SWAT) 6 Up to $2,500.00 Per Year Up to $2,500.00 Per Year Up to $2,500. 00 Per Year Up to $2,500.00 Per Year Up to $1,500.00 Per Year O Traffic Division (Motorcycle Patrol Officer) Up to $1,500.00 Per Year o Advanced Accident Investigator Up to $1500.00 Per Year o Foreign Language Interpreter Up to $1500.00 Per Year ✓ Field Evidence Technician Up to $1,000.00 Per Year o Drug Recognition Officer Up to $1,000.00 Per Year O IDACS Coordinator Up to $1,000.00 Per Year O Child Safety Seat Technician Up to $1000.00 Per Year Each Police Department employee shall be entitled to receive only one (1) type of specialty pay at any given time, with the exception of Foreign Language Interpreter. The 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 pay or no longer meets the qualifications for such pay. H. First Class /Master Patrol Officer Pay. The First Class /Master Patrol Officer salary, as designated in the annual salary ordinance, will be certified to the state for pension purposes. A First class /Master Patrol Officer is eligible to receive specialty pay and other hourly pay differentials. Pay Scale. Definitions GRADE —pay category to which a City position is assigned; each position is placed within a hierarchy of Grades based on the knowledge, skills, abilities and responsibility required by the position. STEP — established point between the Range Minimum and Range Maximum of a Grade; each Grade has six (6) equidistant Steps, which are adjusted annually. MARKET — municipalities and other employer organizations selected by the City as the basis for salary comparisons. . RANGE MINIMUM — lowest pay rate (Step 1) for a City position in a particular Grade; generally, the rate at which a new City employee will be paid. RANGE MAXIMUM— highest pay rate for a City position in a particular Grade; generally, the rate at which an employees with five (5) or more years of experience in a particular job will be paid. EXHIBIT "B" 1/14/13 7 STEP INCREASE —pay adjustment based on an additional year of service and the increased knowledge, skill and ability that the year of service represents; employees in Steps one (1) through five (5) will generally move to the next higher Step on January 1 of each year. PROMOTION—change of positions that results in a higher Grade. RE- EVALUATION — review of a position's assigned Grade brought about by an increase (or decrease) in knowledge, skill, ability and responsibility requirements; a Re- evaluation, which is performed by the City's independent consultant, may result in a higher Grade, a lower Grade or no change in Grade. Grade and Step 1. New employees hired with no experience start at Grade 11, Step 1. The exception to this rule shall apply to new employees hired under the lateral employment program. The following matrix shall apply: Entry level starting salary (no experience): Academy Certification and up to 1 year experience: 2 years experience: 3 years experience: 4 or more years experience: Grade 11, Step 1 Grade 11, Step 2 Grade 11, Step 3 Grade 11, Step 4 Grade 11, Step 5 2. Step Increases will be given in January only; increases are to be given the rest of the year only as the result of a Promotion or a job Re- evaluation by the City's independent consultant. All such increases must place the employee at a specific Step in the appropriate Grade. 3. An employee will not receive a Step Increase in January unless he or she was hired prior to October 1 of the previous year. Employees hired between October 1 and December 31 will receive a Cost of Living Increase but no Step Increase. 4. Step Increases may be contingent upon meeting certain pre- established criteria, such as but not limited to, education and certification requirements. Employees subject to such requirements shall be made aware by their existence promptly upon inception of the requirements, or acceptance of a job that carries such requirements. 5. No employee's salary will be allowed to exceed the Range Maximum (Step 6) for his or her Grade, unless his or her salary was already above Step 6 on January 1, 1999. 'EXHIBIT "B" 1/14/13 8 6. An employee whose pay is adjusted due to a Promotion will be placed in a Step that will ensure an appropriate pay increase, such Step to be determined by the Chief of Police or his designee. J. Accident Investigators, Certified Instructors, DARE Officers Pay. Officers designated as Accident Investigators (AI), 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. School Resource Officers (SRO's) and AI's who are already receiving specialty pay are ineligible for this benefit. K. Clothing Allowance. Officers with twelve (12) months of service in the Department shall receive a clothing allowance of One Thousand Four Hundred Dollars ($1400.00) per year, to be paid in a lump sum on or before April 1 of each year. Such payment shall be treated as taxable income. L. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, which is based on the amount of sick leave used in a calendar year as follows: No sick leave used 24 hours Up to and including one (1) shift used 20 hours Over one (1) to and including two (2) shifts used 12 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) shifts 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: [bi- 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, 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 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. M. Holiday Pay. Each employee who is required to report to work on a declared holiday, whether on a scheduled or an unscheduled basis, shall receive Thirteen Dollars ($13.00) !EXHIBIT "B" 1/14/13 9 per hour premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the nearest quarter hour. N. Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees in effect at the time of the execution of this Agreement. O. Bereavement Leave. The City agrees to maintain the current bereavement leave benefit in effect at the time of the execution of this Agreement. P. Trade Days. Employees shall be permitted to voluntarily trade work days, subject to the advance approval of the Chief or his designee. Such traded regular work shifts shall be exempted from the computation of overtime hours. Trade days must be balanced by the end of the 28 -day work period and must be documented on the appropriate City form. Subject to advance approval of the officer's supervisor, an officer will be allowed to trade days with another officer of the same rank, within the same 28 -day period. The Department will have the unilateral right, after meeting and conferring with the FOP, to discontinue or alter the procedure for trading days. Q. Leave of Absence. Officers may be granted leaves with or without pay in accordance with Federal, State or local law. All leaves of absence shall be subject to the approval of the Chief. R. 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 IAC 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 commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the line of duty). S. 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 (1 %) for each additional six (6) months of service, 'EXHIBIT "B" 1/14/13 10 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 Nine Hundred Dollars ($900.00) per month or Ten Thousand Eight Hundred Dollars ($10,800.00) 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. T. Police and Fire Employee PERF. The City shall maintain membership in the 1977 Fund and shall require members of the Department to meet the eligibility requirements for the Fund. The City shall pay twenty -one percent (21 %) of the established Police Officer First class salary for each Member of the Department participating in the 1977 Fund. In the event that state actuary reports are lower than the twenty -one percent (21 %) obligation levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the six percent (6 %) obligation levied upon the members of the Department. U. Vacation Buy -Back: Employees may submit up to one third (1/3) of their unused annually accrued vacation time. The City may buy back such vacation time and, if it does so, shall buy back each hour of vacation time at the Employee's hourly rate. Employees must submit their hours in no less than eight (8) hour increments to the Department on the first Monday of the last pay period. Payment for any submitted vacation, if approved, shall be rendered by the City before the last day in February of the following year. Sworn Personnel: 1 -5 years 6 -20 years 21 or more years Maximum of 4 full shifts eligible for submission (32 hours) Maxinnun of 6 full shifts eligible for submission (48 hours) Maximum of 7 full shifts eligible for submission (56 hours) Any Employee who has been suspended from the Department for disciplinary purposes or any Employee having used five (5) or more sick days in a calendar year will be disqualified from this benefit as permitted by law, for the year in which the suspension occurred, or more than (5) sick days were used. The only exception to this rule would be an on -duty injury. The hourly rate of pay for each eligible employee, for the purposes of this pay incentive only, shall be calculated as follows: [bi- weekly base pay plus ( +) I ongevity] /80 hours. 'EXHIBIT "B" 1/14/13 11 Section 12 The City will allow FOP meetings to be held in City buildings at times agreed to by the Chief of the Department. The FOP will be responsible for the care and security of the building during such meetings. The City will allow the FOP to utilize electronic bulletin boards, e -mail systems, Internet access and `paging systems in accordance with existing City policies. Section 13 No employee will be required to join, support or pay dues to the FOP. There shall be no discrimination, interference, restraint or coercion by the City or FOP against any employee for activities or membership in the FOP, or a refusal to support, be active in or become a member of the FOP. Section 14 The FOP agrees that it is the exclusive right of the City to: (a) Maintain order, discipline and efficiency in the operations of the Department; (b) Hire, direct, transfer, promote, discharge or otherwise discipline, Employees in accordance with law; (c) Operate and manage the work of the Department; (d) Allocate personnel, apparatus, police stations and sub - stations and other resources in a manner the Chief of the Department believes is in the best interest of public safety and the safety of personnel; and (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 15 If the projection of revenues for the ensuing fiscal year fall below revenues collected in the current year the parties agree that the provisions of the C.O.L.A. (Section 11A) shall be inapplicable for and during the ensuing fiscal year unless the Mayor shall propose otherwise with concurrence from the 'EXHIBIT "B" 12 1/14/13 Common Council. The parties agree that this event of declining revenues shall not be a cause to re- negotiate the terms of this Agreement. The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under circumstances wherein full funding would not adversely affect a vital governmental function of the City, all financial provisions of this Agreement shall become null and void to the extent they are not funded, and that they will return to the negotiation process to negotiate Agreement terms that are consistent with the level of funding approved by the Common Council. The City agrees to promptly consult with the FOP Executive Board, upon request, regarding changes made to an Employee's working conditions and /or standards. However, subject to Section 11 of this agreement, the salary, vacation and sick leave benefits in effect for Employees on January 1st, 2013 shall not be reduced without the mutual consent of the City and the FOP Executive Board. APPROVED AND ADOPTED. CARMEL BOARD OF PUBLIC WORKS FRATERNAL ORDER OF POLICE Lodge #185 AND SAFETY ( "BOARD ") BY: James Brainard, Presiding Officer Date: Mary A Burke Mer ber Date: �� Lori S. Wa • • , Member Date: h 1 3 ATTEST: ("FOP") BY: Shane R. VanNatter, Pres Date: 2 /1-57/ ent fa Lytle, Vice -Pres `/Date: A / f/� /f Matthew Broadnax, Treasurer // 3 /I 3 Date: Diana L. Cor [EXHIBIT "B" 1/14/13 C, Clerk - Treasurer 13 Presiding fficer COMMON COUNCIL FOR THE CITY OF CARMEL '4 ©'-r 8 SEN` 1 Richard L. Sharp, President Carol Schleif Kevin Rider W. Eric Sefdensticker ATTEST: Diana L. Cordray, IAMC, Clerk.' ieasurer CtUN"A Presented by me to the Mayor of the City of Carmel, Indiana this Q.4 day of 2013, at 7: os �.M. Diana L. Cordray, IAMC, Clerkj Treasurer Gr Approved by me, Mayor of the City of Carmel, Indiana, this 4 day of 2013, at -7: as- P.M. ATTEST: Diana L. Cordray, IAMC, Clerk - Treasurer 1EXHIBIT "B" 1/14/13 Jan - s Brainard, Mayor 14