HomeMy WebLinkAbout18- Collective Bargaining Agreement - Bozeman Police Protective Association - FY2019-FY2021 COLLECTIVE
BARGAINING
AGREEMENT
Fiscal Years 2019 through 2021
(July 1, 2018 through June 30, 2021)
Between
CITY OF BOZEMAN
and
BOZEMAN POLICE
PROTECTIVE ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE.........................................................................................................................3.
ARTICLE 2 - APPLICABLE LAW .......................................................................................................3.
ARTICLE 3 - RECOGNITION...............................................................................................................3.
ARTICLE 4 - MINIMUM STANDARDS..............................................................................................3.
ARTICLE 5 - HOURS OF WORK& OVERTIME ...............................................................................4.
ARTICLE 6 - MANAGEMENT RIGHTS..............................................................................................6.
ARTICLE 7 - HEALTH, SAFETY &WELFARE.................................................................................7.
ARTICLE 8 - RULES & REGULATIONS ..........................................................................................11.
ARTICLE 9 - GRIEVANCE &ARBITRATION.................................................................................11.
ARTICLE 10 - HOLIDAYS, BIRTHDAYS & CONVENTIONS .......................................................13.
ARTICLE 11 - SICK LEAVE...............................................................................................................14.
ARTICLE 12 - SALARY &WAGES...................................................................................................14.
ARTICLE13 - DUES............................................................................................................................19.
ARTICLE 14 - SUPPLIES....................................................................................................................19.
ARTICLE 15 - TERM OF AGREEMENT...........................................................................................19.
ARTICLE 16- SUPPLEMENTAL AGREEMENT ..............................................................................19.
SIGNATURES ......................................................................................................................................10.
ADDENDUMA....................................................................................................................................21.
ADDENDUMB ...................................................................................................23
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AGREEMENT
This Agreement, made and entered into this _ � day of J 2018, between THE CITY OF
BOZEMAN, MONTANA, a municipal corporation, hereinafterred to as "Employer", and THE
BOZEMAN POLICE PROTECTIVE ASSOCIATION, hereinafter referred to as "Association".
Witnessed,the parties mutually acknowledge and agree:
ARTICLE 1 - PURPOSE
This Agreement is made to achieve and maintain harmonious and equitable relationships between
Employer and Association, to set forth agreements between Employer and Association concerning
conditions of employment and to provide for peaceful and fair resolution of differences which may arise
between Employer and Association.
ARTICLE 2 - APPLICABLE LAW
This Agreement is subject to the terms of the Montana Collective Bargaining for Public Employees Act,
M.C.A., Section 39-31-101, et seq., and the Metropolitan Police Law, Title 7, Chapter 32, Parts 2 and
41, M.C.A. Should any provision of this Agreement be in conflict with either of said acts or any other
law of the State of Montana, the law of the State shall prevail.
The City of Bozeman will insure that vacancies and promotions are filled following the procedures
outlined in the City's Personnel Handbook, including but not limited to appropriate posting of vacancies
and the use of job-related,pre-determined selection criteria.
The Association and the City jointly agree that they will not discriminate against any Association
member or applicant for employment because of race, color, religion, creed, sex, age, marital status,
national origin, political ideas, or on the basis of perceived or actual disability, sexual orientation or
gender identity,or Association affiliation. This relates to all aspects of employment and to the use of all
facilities and participation in all City-sponsored activities. This does not preclude discrimination based
on bona fide occupational qualifications or other recognized exceptions under the law.
ARTICLE 3 -RECOGNITION
Employer recognizes the Association as the exclusive bargaining agent for all full-time police officers
of the City of Bozeman at and below the rank of Sergeant. New full-time police officers of the City of
Bozeman shall be entitled to the benefits of this Agreement upon employment with the City of Bozeman.
ARTICLE 4 -MINIMUM STANDARDS
This Agreement is intended to set forth only minimum standards of benefits to the Association. The
Employer may increase any benefit within or beyond the scope of this Agreement without further
negotiations with the Association.
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ARTICLE 5 - HOURS OF WORK& OVERTIME
A. Duty Day:
Each 10-hour duty day shall consist of.
1. 10-hour shift, including briefings
2. One 40-minute meal break
3. Two 20-minute breaks
B. Work Week:
1. The work week shall be a seven (7) day period beginning on dayshift Sunday and
continuing through nightshift Saturday.
2. The workweek shall be four (4) ten (10)hour days with three (3) consecutive days off
C. Regularly Scheduled Shifts:
1. The Bozeman Police Department recognizes four (4) regularly scheduled shifts:
a. Patrol Day-Shift (7:00 a.m. —5:00 p.m.)
b. Patrol Early Mid-Shift (12:00 p.m. — 10:00 p.m.)
C. Patrol Mid-Shift (5:00 p.m. —3:00 a.m.)
d. Patrol Night-Shift (9:00 p.m. —7:00 a.m.)
e. Non-Patrol Day-Shift (7:00 a.m. — 5:00 p.m.)
2. Alternative shift(s) as agreed upon by the Association and Employer. Alternative shifts may
impact Article 5, Sections A and F and will be agreed upon in writing.
3. The regularly scheduled shift may be modified for individual Association members for a
specified period where there is a demonstrated need. Such modified work schedule must be
approved by the Chief of Police, or designee, and the Association member, and shall not be
precedent setting.
4. The Employer may move an Association member on probation between regularly scheduled
shifts to enhance individual training and development without approval of the Association
or the Association member.
D. Seniority:
1. A seniority list will be maintained by the Employer.
2. An Association member's seniority will be based on date of hire. If more than one
Association member is hired on the same date, seniority is based on ranking as determined
by the Chief of Police at the time of hiring.
3. A Sergeant's seniority will be based on date of promotion and ranking in a promotion
process.
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E. Patrol Shift Bid:
1. Shifts will be posted for bid twice a year no later than March 1" and September 1st of each
year.
2. Shifts will be bid based on the established seniority list.
3. The new schedule will begin in April and October each year and will be posted in advance.
4. The Association and Employer may change sections 1 through 3, if the Association and
Employer agree. This agreement will remain in effect for a mutually agreed upon period of
time between the Association and Employer.
F. Overtim-t:
Overtime shall be paid at the rate and upon the schedule listed below:
1. Time and one-half for over ten (10) hours per duty day;
2. Time and one-half for over forty(40) hours per workweek;
3. The Association member shall be paid the overtime rate of time and one-half for the entire
period worked, with a minimum payment of three (3)hours of overtime when:
a. The Association member is scheduled or called into duty on their day off or outside their
regularly scheduled shift;
b. The Association member is scheduled or called into work on a duty day,not immediately
before or after the regularly scheduled shift;
c. The Association member is required to appear before any judicial body on their day off
or outside their regularly scheduled shift. An Association member shall be entitled to
receive the minimum payment provided by this section under the following
circumstances:
1) The Association member follows the proper departmental check in procedures;
and
2) The Association member is not notified of a court appearance cancellation by
5:00 p.m. on the date before a court appearance is scheduled; and
3) The court appearance does not occur on the day it is scheduled.
4. Association members' regularly scheduled shifts and days off may be adjusted by the employer
to accommodate any training that is eight (8) hours or more. Advance notice of the adjustment
and reason will be provided to the Association member as soon as practical. Whenever possible,
adjustments will be made that minimize the impact on the Association member's normal
regularly scheduled shift and days off.
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5. Association member's regularly scheduled shifts may be adjusted by the Employer to
accommodate training needs if the training hours and the Association member's regularly
scheduled shift results in excess of 14 hours worked in a 24 hour period. Advance notice of the
adjustment and reason will be provided to the Association member as soon as practical.
6. Association members' regularly scheduled shifts and days off may be adjusted upon
request of the Association member and approval of the City.
7. When attending training or a department meeting on a day off or outside the Association
member's regularly scheduled or adjusted shift, overtime shall be paid for the actual period
worked.
G. Compensatory Time:
An Association member may accept compensatory time in lieu of earned overtime pay.
Compensatory time is credited at time and one-half the hours worked and is available to use as
time off with pay by the Association member. The Association member may use accumulated
compensatory time credits in accordance with department policy. Compensatory time will be
administered in compliance with the Fair Labor Standards Act including:
1. The maximum compensatory time balance for any Association member from one calendar
year to the next shall be 225 hours.
2. Once earned, the Association members' compensatory time cannot be taken away by the
Employer.
3. Requests for the use of compensatory time may be refused when, in the opinion of the
Employer, such use would disrupt the employer's operation.
4. Upon termination or resignation,Association members must be paid their regular rate of pay
for all compensatory hours remaining.
ARTICLE 6 -MANAGEMENT RIGHTS
(In compliance with Section 39-31-303, M.C.A.)
Subject to the laws of the State of Montana the Association shall recognize the prerogatives of the
Employer to manage, direct and control its business in all particulars, in such areas as, but not limited
to:
1. Direct employees;
2. Hire,promote, transfer, assign and retain employees;
3. Relieve employees from duties because of lack of work or funds or under
conditions where continuation of such work would be inefficient and non-
productive;
4. Maintain the efficiency of government operations;
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5. Determine the methods, means, job classifications and personnel by which the
Employer operations are to be conducted;
6. Take whatever actions may be necessary to carry out the missions of the Employer
in situations of emergency; and
7. Establish the methods and processes by which work is performed.
The foregoing enumeration of the Employer's Management Rights shall not be deemed to exclude other
functions not specifically set forth. The Employer, therefore,retains all rights not otherwise specifically
covered by this Agreement.
ARTICLE 7 - HEALTH, SAFETY & WELFARE
A. The health and safety of Association members will be reasonably protected while in the service
of the Employer.
B. Health/DentalNision/Prescription Insurance Coverage:
Effective July 1, 2018 (June deduction) the Employer will contribute a minimum of:
Coverage Employer
Contribution
Em loyee & S ouse $935
Employee & Family $1,222
for full time Association members for health/dental/vision/prescription insurance and
other cafeteria plan options.
The Employer may require Association members to pay additional contributions to cover
dependents, spouses and/or domestic partners. Costs of these additional coverages will
be paid by the Association member through payroll deduction.
During open enrollment each year, Association members may select their insurance
coverage by choosing from among the plans offered by the Employer.
Subsequent years' contributions will be determined through the health insurance
committee, subject to City Commission approval.
C. Program to Augment Retirement Benefit. Recognizing the previous intent of employees
and the Employer to allow employees to participate in an I.R.0 § 125 plan whereby employees
could contribute toward the purchase of health/dental/vision/prescription insurance on a pre-tax
basis, and seeking to clarify the employees options under such plan,
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Effective July 1, 1996, the Employer's contribution toward Association member's
health/dental/vision/prescription insurance will be added to the Association member's gross pay.
This portion of the Association member's gross pay is hereinafter referred to as the
"Contribution." As part of this agreement, Association members are required to participate in
the Employer's health/dental/vision insurance plan on either a pre-tax or post-tax basis. If an
Association member elects to participate on a pre-tax basis, the Association member shall
authorize a payroll deduction from the Association member's gross pay equal to the Contribution
toward Association member's health/dental/vision/prescription insurance. This deduction from
the Association member's gross pay will be paid into a fund maintained to provide
health/dental/vision/prescription insurance benefits for Association members.
If an Association member elects to participate on a post-tax basis, the Contribution shall be
taxable income to the Association member and the Association member shall authorize the
payment of the Contribution value, after its deemed receipt, toward the Association member
health/dental/vision/prescription insurance.
Including the Employer's contribution toward Association member's
health/dental/vision/prescription insurance in the Association member's gross pay serves the
purpose of augmenting the Association member's eventual retirement benefit. It is hereby
acknowledged that both Association member and employer retirement contributions will be
required on this additional gross income--causing a decrease to the net income of the Association
member. It is also the intent of the Association Members and the Employer that the Contribution
be excluded from the determination of the Association member"regular rate" of compensation
as that phrase is defined under 29 U.S.C. §207(e)(4). In the event that any subsequent law, court,
arbitrator, or other lawful authority determines that the inclusion of the Employer's
health/dental/vision insurance contribution in the Association member's gross pay should be
included in overtime compensation calculations, then the parties agree that there will be a
corresponding adjustment to the affected hourly rate of pay to carry out the intent of this
provision. The intent of such adjustment will be to result in the least net financial effect on both
the Association member and the employer.
Notwithstanding subsection C. above, regardless of the Employer's historic practice of
contributing the Employer's entire payment for an employee's health/dental/vision/prescription
insurance toward the employee's gross pay for purposes of calculating income for retirement
purposes (i.e. the Contribution), effective July 1, 2011 said allocation of
health/dental/vision/prescription insurance payments by the Employer to an employee's gross
pay for purposes of calculating income for retirement purposes shall be $480.00 per month.
C. Swim Center passes are available for the fiscal year at:
1. $10 per Association member
2. $35 for the Association member and family living in the same household. This pass is also
honored at Bogert Pool during evening hours and on weekends.
D. Preventative medical exams: The City encourages Association members to receive
preventative medical examinations. The City will pay costs not covered by medical insurance
up to a total cost of$100 for the preventative medical exam.
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E. Health and Mental Wellness Program:
The City shall provide a health and fitness program to Association members subject to the
following:
1. An Association member may use the two twenty minute breaks and/or the 40 minute meal
break, as an exercise period. Guidelines for the health and fitness program will be established
by the Employer and may include minimum staffing levels and shift supervisor's approval
and times for exercise. Accumulation of breaks under this provision cannot carry over from
day to day.
2. Physical Fitness Testing:
a. Fitness Testing is mandatory for all Association members. All Association members shall
participate in good faith as determined by the program supervisor. There will be no
minimum fitness standards. If it is determined that an Association member has not
participated in good faith, the Association member may be subject to disciplinary action
pursuant to the City's Employee Handbook. If a medical excuse is provided by a
physician the Association member will be excused from participation.
b. All costs associated with the program, such as,but not limited to, facilities, equipment or
apparel, shall be borne by the Association.
c. The program supervisor will be responsible for the fitness testing in its entirety, including
equipment, facility arrangements and scheduling. The program supervisor will also be
responsible for fitness testing record keeping and shall provide such records upon request
to the Chief of Police. The program supervisor shall be a member of the Association
selected jointly by the Association and the Employer.
d. The fitness testing shall be the Montana Physical Abilities Test (MPAT). The
components and fitness standards are based upon the Montana Law Enforcement
Academy minimum standards. The fitness test will be offered twice a year by the
program supervisor approximately six months apart. BPPA members are required to
participate in one of the fitness test and may participate in a second at their choosing.
e. The City will allow for two hours compensatory time to each Association member to
participate in fitness testing when outside the association member's regularly scheduled
shift, up to two times annually. Association members who pass the MPAT will receive
15 hours compensatory time,up to two times annually. Compensatory time earned for the
MPAT shall be subject to the maximum amount of compensatory time in Article 5,
Section G.
3. Mental Wellness Incentive:
a. The Bozeman Police Department recognizes the type of work and the cumulative effects
of stress on the ability for the association member to effectively perform their duties and
to keep up on the requirements of their job and performance. The purpose of this program
is to establish a voluntary mental health incentive program to encourage association
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members to take care of their mental health and continue a healthy lifestyle. The
department will work with the employers current Employee Assistance Provider, as well
any outside provider the association member chooses, to provide services to the
association member.
b. The association member can attend up to six sessions with a mental health professional
each calendar year (January 1 st- December 31 st) to qualify for this incentive. Once they
have attended the session, the association member shall provide documentation to the
Human Resources Department. The employee will then be compensated with three (3)
hours of straight comp time per session,up to six sessions in total, on the pay period the
session(s) fall within. Once the comp time is recorded on the association member's
payroll, the documentation of services will be returned to the Association Member.
c. The association member shall not be required to provide any further information to the
employer or reveal the content of the counseling sessions. All counseling session
information shall fall under the protection of the Health Insurance Portability and
Accountability Act.
d. Each association member may voluntarily capitalize on this incentive six times per year,
earning a maximum of 18 hours of comp time. Association members who have accrued
the maximum allowable compensatory time of 225 hours will not accrue additional comp
time hours. The association member may attend more sessions with EAP but will only
receive comp time for a maximum of six(6) sessions. Due to the nature of this program,
association members will not attend a session while on-duty so as not to cause conflict
with the performance of their duties.
F. Death Benefit: Upon the death of a current Association member, the heir last designated to the
City in writing by the Association member for retirement purposes,unless a separate designation
is received, shall receive the Association member's statutory leave cash-outs and wages due.
When an Association member's death is duty related, the City will provide payment to the
aforementioned heir in an amount equal to a 100% cash-out of the deceased Association
member's sick leave credits, minus that already herein calculated.
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ARTICLE 8 - RULES & REGULATIONS
Each Association member agrees to comply with Police Department rules and regulations. Employer
agrees that Association member claims of unjust or unfair treatment under department rules and
regulations shall be subject to grievance procedure.
ARTICLE 9 - GRIEVANCE & ARBITRATION
A "grievance" is defined as an alleged violation of a specific term of this Agreement or a dispute
regarding an interpretation of the Agreement.
A "grievant" shall mean an individual Association member, the Association or the Employer.
There shall be no reprisals of any kind against any party in interest for reasons of participation in the
grievance procedure.
It is the desire of the Employer and the Association to address grievances informally;both parties commit
themselves to make every effort to resolve problems when they arise. Direct communications and
discussion should result in a full disclosure of acts and a fair and speedy resolution to most complaints
arising out of day-to-day operations. If the grievance is not resolved informally,the following procedure
will apply.
Each grievance will be submitted separately except in cases where in both the Employer and the
Association mutually agree to have more than one grievance handled in one procedure.
Grievances by the Employer, should they occur as a result of official Association activities or actions,
will be presented directly by the City Manager to the President of the Association within fifteen (15)
calendar days of the date upon which the City Manager became aware of the situation prompting the
grievance. The President of the Association will provide a written answer within fifteen (15) days.
The following procedures shall be used by the Association or by an Association member when seeking
relief of a Grievance under this Agreement.
A Grievance not filed or advanced by the Grievant within the time limits provided in this section shall
be deemed permanently withdrawn as having been settled on the basis of the decision most recently
received. Failure on the part of the Employer to answer within the time limits set forth in any step will
entitle the grievant to advance the grievance to the next step.
A Grievance by the Association, after attempting to informally resolve the Grievance, shall be in writing
and commence at Step 3
Step 1. Supervisor Level
Any Association member who believes they have a grievance, may file a written grievance within a
period of fifteen (15) calendar days after the occurrence giving rise to the grievance or after the failure
to informally resolve the grievance. The grievance shall be reduced to writing in the form of a petition
indicating the specific term(s) of this Agreement violated or misinterpreted, facts supportive of the
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grievance, and the specific relief sought. Such written grievance shall first be filed with the Association
member's supervisor. The Association member's supervisor shall meet with the grievant and shall
provide the grievant with a written disposition of the grievance within fifteen (15) calendar days of the
meeting.
Step 2. Association Member Grievance Presentation to the Association
In the event the grievant is not satisfied with the disposition through Step 1,the grievant shall submit the
grievance petition to the Association within five (5) calendar days of the Supervisor's decision in Step
1.
Step 3. Association Decision
The Association, upon receipt of the written and signed petition, shall determine if a valid grievance
exists. The Association shall have fifteen (15) calendar days to give a response to the Association
member. If the Association determines no basis for grievance exists, no further action on the part of the
Association is necessary; however, the Association member may proceed to Steps 4 and 5 without
sanction of the Association.
Step 4. Filing a grievance with the Chief of Police
A grievance not resolved in the preceding steps may be terminated by the grievant or presented to the
Chief of Police. The Association member must file the signed written petition with the Chief of Police
within fifteen(15) days of the Association decision as outlined in Step 3. The Chief of Police shall meet
with the grievant and shall provide the grievant with a written disposition of the grievance within fifteen
(15) calendar days of the meeting.
Step 5. Appeal to the City Manager
If the Association or the grievant remains dissatisfied after pursuing Step 4, the Association or the
Association member shall have fifteen (15) calendar days to appeal the Chief of Police's decision to the
City Manager or designee. The City Manager will have fifteen (15) calendar days to furnish a written
determination on the appeal. No Association member may take any grievance to Step 6 if the Grievance
is not sanctioned by the Association.
Step 6. Arbitration.
The Association and the Employer agree to submit to arbitration any grievance which has not been
resolved through the above-enumerated grievance steps and procedures, provided it is submitted within
ten (10) calendar days following its termination in the grievance procedure. The Association or the
Employer will notify the other party in writing that the matter is to be submitted.
The arbitrator shall be selected by mutual agreement. If a unanimous selection is not possible, the
Association and Employer will jointly request a list of five (5) names from the Montana Board of
Personnel Appeals. The parties shall, within fifteen (15) business days of the receipt of the list, select
the arbitrator by the method of alternately striking names with the parties flipping a coin to determine
who strikes the first name. The final name left on the list shall be the selected arbitrator. The arbitrator
selected will be contacted immediately and asked to start proceedings at the earliest possible date.
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If requested by a party or ordered by the arbitrator, a hearing shall be scheduled by the arbitrator in
consultation with the Employer and the Association. The arbitrator shall issue a decision within 30
calendar days after the conclusion of the proceedings, including filing of briefs, if any. The arbitrator's
decision shall be final and binding on both parties, but the arbitrator shall have no authority to extend,
alter or modify this Agreement or its terms, nor imply any restriction or burden against either party that
has not been assumed in this Agreement.
It is mutually agreed that representatives of the Employer and the Association are the only proper parties
to the arbitration proceedings, and the proceedings shall not be open to the public unless required to be
an open meeting pursuant to law.
The City and the Association shall each bear their own expenses in the processing of a grievance. The
two parties shall share equally the cost of the arbitrator.
The time limits, as specified, may be extended by mutual consent of the parties.
The Association agrees, in consideration of the arbitration process outlined herein and in accordance
with 39-31-501 MCA,that upon consummation and during the term of this Agreement,no police officer
shall strike or recognize a picket line of any labor organization while in the performance of his/her
official duties.
ARTICLE 10 -HOLIDAYS & OTHER COMPENSATED DAYS
A. Designated Holidays:
1. January 1 - New Year's Day
2. Third Monday in January- Martin Luther King Day
3. Third Monday in February- President's Day(Lincoln's/Washington's Birthday)
4. Last Monday in May- Memorial Day
5. July 4 - Independence Day
6. First Monday in September- Labor Day
7. November 11 - Veteran's Day
8. Fourth Thursday in November- Thanksgiving Day
9. Fourth Friday in November- in lieu of Columbus Day
10. December 25 - Christmas
11. Federal General Election Day(every other year)
B. Determination of Holiday Shift: For purposes of this section, holiday work hours shall occur
when the bulk of the shift takes place on the Designated Holiday. For Example, an officer
scheduled to work the night shift (9:00 pm —7:00 am) on December 24, will work the majority
of those hours on December 25, therefore; the Holiday benefit (pay or leave) will be granted on
the shift beginning December 24. No member shall receive a Holiday benefit for more than one
shift per holiday. The Holiday benefit will only apply to the shift where the majority of hours
fall on the Designated Holiday.
Each Association member who works holiday hours as described above on any of the listed
holidays shall be compensated at the rate of time and one half his or her regular rate of pay for
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each holiday hour work in addition to their monthly salary. The Association member will have
the option to accept compensatory time in lieu of cash overtime pay.
C. Special Holiday Leave: Special Holiday Leave is defined as leave granted by the Chief when
an association member who is scheduled to work on a holiday is paid at their regular rate of pay.
Vacations approved on holidays will have the holiday hours recorded as Special Holiday Leave.
Requests for vacation on holidays will follow department practice regarding vacation requests.
The Chief shall have sole discretion to determine the number of members who will receive
holiday leave. The option to receive special holiday leave will be given by seniority. Special
Holiday Leave will only apply to the shift where the majority of the hours fall on the Designated
Holiday. The Chief will provide notice of approved Special Holiday Leave to members as soon
as is practical.
D. Personal Day: On July 1st of each year, Association members employed on that date shall be
entitled to one (1) personal day without loss of pay and benefit. The use of the personal day
shall be in accordance with department leave policy and shall occur within one year. Personal
days cannot be carried over from one fiscal year to the next.
E. State Convention: Association members will be allowed to attend the annual convention of
the Montana Police Protective Association without loss of pay and benefits, providing the shifts
are sufficiently staffed. The Employer agrees to pay fuel or mileage,registration fees, meal per
diem, and lodging for two Association members (delegates). The rates will be in accordance
with Employer policy.
ARTICLE 11 - SICK LEAVE
Sick leave shall be accrued and expended according to State Law. Sick leave may be converted to a
supplemental retirement program and into one of the city's qualified deferred compensation plans in
accordance with Addendum A.
ARTICLE 12 - SALARY & WAGES
A. Effective Salary Dates:
All Association members covered under this agreement are hourly Association members paid
on a monthly salary basis. Association member monthly Salaries for fiscal years 2019-2021,
with monthly salary rates effective July 1, 2018, July 1, 2019, and July 1, 2020 are as follows:
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Monthly Salary Monthly Salary Monthly Salary
Rates Rates Rates
Step Months of FY2019 FY2020 FY2021
Year Service 1-Jul-18 1-Jul-19 1-Jul-20
0 12 months or less $4,747.80 $4,843.20 $5,012.68
1 13 through 24 $4,866.50 $4,940.17 $5,113.00
2 25 through 36 $4,988.16 $5,038.91 $5,240.08
3 37 through 48 $5,112.87 $5,144.02 $5,369.78
4 49 through 60 $5,240.69 $5,345.64 $5,557.72
5 61 through 72 $5,455.75 $5,703.13 $6,031.06
6 73 through 84 $5,510.30 $5,777.31 $6,094.40
7 85 through 96 $5,565.41 $5,852.36 $6,170.32
8 97 through 108 $5,621.06 $5,928.34 $6,250.18
9 109 through 120 $5,677.27 $6,005.25 $6,331.01
10 121 through 132 $5,825.70 $6,089.88 $6,421.57
11 133 through 144 $5,883.96 $6,150.80 $6,463.55
12 145 through 156 $5,942.80 $6,212.30 $6,505.72
13 157 through 168 $6,002.23 $6,274.43 $6,548.16
14 169 through 180 $6,062.25 $6,321.48 $6,590.88
15 181 through 192 $6,183.19 $6,369.90 $6,635.15
16 193 through 204 $6,245.02 $6,417.70 $6,678.42
17 205 through 216 $6,307.47 $6,465.79 $6,721.96
18 217 through 228 $6,370.55 $6,514.20 $6,765.78
19 229 through 240 $6,434.25 $6,562.94 $6,809.89
20 241 through 252 $6,532.57 $6,630.56 $6,854.27
21 253 through 264 $6,597.89 $6,696.86 $6,898.93
22 265 through 276 $6,663.87 $6,763.83 $6,943.88
23 277 through 288 $6,730.51 $6,831.47 $6,989.12
24 289 through 300 $6,797.82 $6,899.78 $7,034.81
25 301 or more $6,942.55 $7,003.28 $7,080.70
I. Until July 1,2005 Police Association members'monthly base salary was increased by$35 per month as compensation
for First Responder certifications (after completion of probationary period.) This certification requirement was
discontinued with the contract covering the period of July 1,2005 through June 30,2007,but the additional pay was
not removed from the Association member's base.
2. The salary matrix which became effective January 1, 1995 includes holiday pay.
3. Ranks of Lieutenant and above were removed from the Association by Agreement dated October 5,2004
4. Effective July 1,2007,all ranks(e.g.,Probationary Officer,Confirmed Officer,Officer Is'Class,Master Patrol Officer
&Senior Master Patrol Officer and Sergeant)were removed from this Pay Scale by Agreement.
5. Effective July 1,2007,the monthly salary rates include longevity pay required under Montana Code Annotated 7-32-
4116.
Association members will receive Step pay adjustments on the first day of the month of their
anniversary of most recent employment.
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B. Sergeant Pay:
Association members promoted to the rank of Sergeant will receive additional pay of$500.00 per
month above the monthly salary or 11% of that Sergeant's own step base, whichever is greater,
added to base pay. This pay will be paid on a monthly basis, as earned and will be included when
calculating the pay rate for overtime purposes.
Monthly Sergeant Monthly Monthly
Pay Sergeant Pay Sergeant
Pay
Step Months of FY2019 FY2020 FY2021
Year Service 1-Jul-18 1-Jul-19 1-Jul-20
6 73 through 84 $ 6,116.44 $ 6,412.81 $ 6,764.79
7 85 through 96 $ 6,177.60 $ 6,496.12 $ 6,849.06
8 97 through 108 $ 6,239.38 $ 6,580.45 $ 6,937.70
9 109 through 120 $ 6,301.77 $ 6,665.83 $ 7,027.42
10 121 through 132 $ 6,466.53 $ 6,759.77 $ 7,127.94
11 133 through 144 $ 6,531.19 $ 6,827.38 $ 7,174.54
12 145 through 156 $ 6,596.50 $ 6,895.66 $ 7,221.35
13 157 through 168 $ 6,662.47 $ 6,964.61 $ 7,268.46
14 169 through 180 $ 6,729.09 $ 7,016.85 $ 7,315.87
15 181 through 192 $ 6,863.34 $ 7,070.59 $ 7,365.02
16 193 through 204 $ 6,931.97 $ 7,123.64 $ 7,413.05
17 205 through 216 $ 7,001.29 $ 7,177.03 $ 7,461.38
18 217 through 228 $ 7,071.31 $ 7,230.76 $ 7,510.02
19 229 through 240 $ 7,142.02 $ 7,284.86 $ 7,558.97
20 241 through 252 $ 7,251.15 $ 7,359.92 $ 7,608.24
21 253 through 264 $ 7,323.66 $ 7,433.52 $ 7,657.81
22 265 through 276 $ 7,396.90 $ 7,507.85 $ 7,707.71
23 277 through 288 $ 7,470.87 $ 7,582.93 $ 7,757.92
24 289 through 300 $ 7,545.58 $ 7,658.76 $ 7,808.64
25 301 or more $ 7,706.23 $ 7,773.64 $ 7,859.58
C. Lateral Transfers:
The Association and Employer agree that it is in the best interest of the Employer to attract
experienced and qualified applicants to openings within the Bozeman Police Department, and
that in order to meet this goal, lateral transfers shall be accepted with the following conditions.
1. At time of hire, applicants must have current/valid transferable post law enforcement basic
certificate. Pursuant to 7-32-303, MCA and 7-32-240, MCA. In order to be considered for
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employment with this Department, applicants must meet all established pre-employment
minimum requirements as well as successfully complete all testing, screening, and
background processes.
a. Association members hired under this program shall hold the rank of Probationary
Police Officer and must successfully complete the field training program. Promotions
of the Association member shall be in accordance with the Bozeman Police Promotion
Policy.
b. Applicants with law enforcement experience that fail to produce a current/valid
Montana POST law enforcement basic certificate or who fail to pass the State of
Montana Police Officer Equivalency Examination do not qualify for lateral positions.
C. Federal law enforcement officers, military police officers, corrections officers,jailers,
game wardens, special or reserve officers/deputies or any other such positions which
fall outside the above guidelines do not qualify for Lateral positions.
d. The lateral employment program will recognize up to five(5) years of experience when
establishing the starting salary for qualified candidates. The starting rate shall be
established at the sole discretion of the Chief of Police.
e. An Association member hired under this program and started at an accelerated pay step
will receive annual step pay adjustments beginning from that point.
f. This program does not and will not provide for the lateral transfer of rights to any
seniority based status.
E. Post certification/higher education payment:
1. Associates Degree $15 per month,as earned,to be added to the Association member's base pay.
2. Bachelor's Degree 1% of current step per month, as earned, to be added to the Association
member's base pay.
3. Intermediate 1.8% of current step per month, as earned, to be added to the Association
Certificate member's base pay.
4. Advance Certificate 2.0% of current step per month, as earned, to be added to the Association
member's base pay.
NOTE: Upon completion of the requirements for, and receiving the advanced
certification, the higher rate shall be paid. The Association member will be paid for the
highest degree and highest certificate held.
F Special Assignments:
1. Field Training Officer - Association members who are designated as a Field Training
Officer for the purposes of training probationary officers shall receive One Dollar($1.00)
per hour as incentive pay for these additional responsibilities. Field Training Officer pay
will be paid for each hour worked as a Field Training Officer.
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2. Motorcycle Patrol - Association members who are certified and assigned to motorcycle
patrol and perform motorcycle patrol duties for the majority of each month assigned will
receive an additional Fifty Dollars ($50) per pay period.
3. Bicycle Patrol-Association members who are trained and actively participate in bicycle
patrol in four(4)or more shifts per month as part of their duties will receive an additional
Fifty Dollars ($50)per pay period.
4. Detectives-Association members who are assigned to the detective division,will receive
an additional One Hundred Fifty Dollars($150)per pay period. The detective incentive
includes monthly clothing allowance and rotational "on call"pay.
5. Canine Officers --Association members who are assigned as Canine Officers shall be
paid an additional One Hundred Fifty Dollars ($150) per pay period to cover all costs
associated with non-law enforcement canine care time.
a. The parties agree that this payment complies with the minimum wage requirements
under the Fair Labor Standards Act.
b. Time spent performing non-law enforcement canine care time is not compensabee as
overtime under Article 5 paragraph F of this Agreement.
c. The Canines are the property of the Employer. Should the Employer decide that the
canine will no longer be assigned to the particular Association member, the canine
shall be returned to the Employer, unless the Association member applies for and
receives approval to take possession and ownership of the dog.
d. Association members who are assigned as Canine Officers will operate and be
compensated according to these additional terms and agree to enter into individual
letters of agreement as provided for in 29 C.F.R. §785.23.
6. Shift Differential—Association members who are not scheduled to work Day Shift shall
be compensated Eighty Cents $0.80 per hour in addition to their regular base rate under
the following provisions:
For purposes of this provision `Day Shift' is generally defined as a schedule where the
majority of a shift falls between 8:00 a.m. and 5:00 p.m.
a. The shift differential will apply when any Association member whose regularly
scheduled shift is Day Shift works a shift falling outside of the Day Shift.
b. The shift differential will not apply in the event that an Association member is
working a Day Shift and that shift is extended.
c. The shift differential will not apply when any Association member works a Day Shift.
d. The shift differential will not apply to any hours in a paid or unpaid leave status.
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e. The shift differential will not apply to Association members assigned to the detective
division until the Employer adopts regularly scheduled shifts for the Detective
Division outside of the Day Shift.
f. The shift differential will not be computed in the payout of accumulated vacation,
compensatory time or sick leave.
g. The shift differential will be included when calculating the pay rate for overtime
purposes for those Association members regularly scheduled to work a shift falling
outside of the Day Shift.
ARTICLE 13 - DUES
The Employer agrees to deduct,once each month,dues or assessments from the pay of those Association
members who individually request, in writing, that such deduction be made. The total amount of
deductions shall be remitted monthly by the Employer to the Secretary of the Association.
ARTICLE 14 - SUPPLIES
The Employer will furnish and supply uniforms and equipment to Association members necessary to
complete their duties.
ARTICLE 15 - TERM OF AGREEMENT
This Agreement shall be effective July 1, 2018 and shall remain in full force and effect until its
termination date of June 30, 2021.
Each party reserves the right to notify the other party in writing of its desire to renew this Agreement for
a successive one year term. Such notice is to be made on or before sixty days prior to the termination
date set forth above. Should either party,having been notified of the proposed one year renewal period,
fail to respond within twenty days, this Agreement shall be terminated as provided above.
ARTICLE 16 - SUPPLEMENTAL AGREEMENT
This Agreement may be amended, providing both parties concur. Supplemental agreements may be
completed through negotiations at any time during the life of this Agreement. Either party may notify
the other party in writing of its desire to negotiate. Supplemental agreements, thus completed, will be
signed by the Bozeman Police Protective Association and City officials. Should either party, having
been notified of the proposed supplemental agreement, fail to reply within sixty days, the supplemental
agreement shall become a part of this Agreement and subject to all of the provisions contained herein.
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In Witness Whereof,
the parties hereto have set their hands this day of Vti�c 2018.
FOR: CITY OF BOZEMAN FOR: BOZEMAN POLICE PROTECTIVE
ASSOCIATION
i
City Manager—Andrea Sun tt ssocta ' en — n ony _ u c tngs
Attest: City Clerk—Rob h '•, J
r 9�jN+CO.1`�O�•
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ADDENDUM A
CITY OF BOZEMAN, MONTANA
SUPPLEMENTAL RETIREMENT PROGRAM
Purpose of the Program:
1. To reduce the amount of sick leave taken by Association members.
2. To reward Association members for staying healthy.
3. To discourage abuse of sick leave.
4. To provide for a supplement of Association member's retirement.
PROGRAM DESCRIPTION
1. Association members are allowed to move portions of their sick leave balance from sick leave
to one of the City's qualified deferred compensation plans. Sick leave hours converted to a
deferred compensation plan will be paid at 75 percent of the Association member's hourly
rate at the time the hours are converted. This will occur during the month of September of
each year and cover hours as of June 30 of that year. Association members will not be able
to take the hours in the form of cash for current uses. Association members' remaining sick
leave balances will continue to be paid at 25 percent of the Association member's hourly rate
at retirement or termination.
2. Sick leave hours eligible to move to a deferred compensation account are subject to the
following restrictions:
A. Association members may not move sick leave hours if they do not have a
minimum of two years' sick leave accrual (192 hours) on the books nor will they
be able to move any sick leave hours which cause their sick leave balance to fall
below 192 hours.
B. The amount of sick leave eligible to move to a supplemental retirement account
will be determined on an annual basis as of June 30 of each year.
C. The amount of sick leave eligible to move to a supplemental retirement account
equals: Sick leave accrual for the fiscal year(normally 96 hours) minus sick leave
hours used during the fiscal year minus 48 hours equals the number of hours
eligible to move to a supplemental retirement account (may not be less than zero).
Example: A full-time Association member uses 1 day(8 hours)of sick leave during
the year. That Association member would be eligible to move 40 hours from his/her
sick leave balance to a supplemental retirement account at the end of the fiscal year.
96 (sick leave accrual) - 8 (sick leave used) - 48 (required to go toward sick leave
accrual) = 40 hours. This example assumes that the Association member has a
sufficient sick leave balance so that the movement of 40 hours out of sick leave will
not cause the balance to fall below 192 hours. The Association member will only
be able to move as many hours as will result in his/her sick leave balance to be 192
hours.
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3. The annual election to convert sick leave hours into deferred compensation under this
program is irrevocable. Once sick leave hours are converted, they cannot be "purchased
back" for use as leave at a future point in time.
4. Association members with existing supplemental retirement bank hours must make an
election in September 2007 to either:
1) Convert those hours into a qualified deferred compensation plan, or
2) Return them to their existing sick-leave bank.
Conversions to a deferred compensation plan will be done at 75 percent of the Association
members current hourly rate and conversions to an existing sick-leave bank will be done
hour-for-hour. If an Association member election under this part results in the Association
member exceeding the IRS annual maximum for contributions to a deferred compensation
plan, the Association member will be allowed up to 2 additional years to complete the
conversion.
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ADDENDUM B
PART-TIME POLICE OFFICER PROGRAM
The Part-Time Police Officer program is not intended to replace or decrease the number of
authorized full-time officer positions within the Bozeman Police Department. Part-time officers
are not eligible for membership or representation from the Bozeman Police Protective
Association.
Special/Overtime Events- Any outside requests for police services for special/overtime events
shall be offered first to employees represented by the Association for a period of 14 calendar days.
After 14 calendar days, any remaining un-filled overtime assignments may also be made available
to part-time officers.
When the special/overtime event has less than two (2) weeks advance notice, it will be offered to
full-time officers first for at least three(3) calendar days before being made available to part-time
officers.
Only full-time officers will be authorized to work Special Traffic Enforcement Program (STEP)
overtime or short shift overtime.
Any disputes resulting from the use of part-time officers will be brought to the attention of the
Chief of Police or his or her designee. Disputes regarding utilization of part-time officers shall
not be subject to the grievance procedure.
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