Loading...
HomeMy WebLinkAbout05- Collective Bargaining Agreement, Police Protective Association, 2005-2007 - .. .- .. COLLECTIVE BARGAINING AGREEMENT Between CITY OF BOZEMAN and BOZEMAN POLICE PROTECTIVE ASSOCIATION I 2005-2006 & 2006-2007. I .- -"., . -. - . .. - -.. --, -... ARTICLE 1 - PURPOSE ....... ..................................................................................... .... ............... ...3. ARTICLE 2 - APPLICABLE LAW.................................................................................................... .3. ARTICLE 3 - RECOGNITION......................................................................................................... .3. ARTICLE 4 - M I N I MUM STAN DARDS........................................................................................... ..3. ARTICLE 5 - HOURS OF WORK & OVERTIME..............................................................................4. ARTICLE 6 - MANAGEMENT RIGHTS.. ..... ................ ................. ........... ......... ...................... ..........5. ARTICLE 7 - HEALTH, SAFETY & WELFARE ................................................................................5. ART I C L E 8 - R U L E S & REG U LA T ION S .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . .. .. . .. .. .. .. .. . . 7 . ARTICLE 9 - GRIEVANCE & ARBITRATION ..................................................................................7. ARTICLE 10 - HOLl DAYS, BI RTHDA YS & CONVENTIONS......................................................... 1 O. ARTICLE 11 - SICK LEAVE...........................................................................................................11. ARTICLE 12 - SALARY & WAGES ................................................................................................11. ARTICLE 12C - LATERAL TRANSFERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12. ARTICLE 12D -INCENTIVE PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..12. ARTICLE 12E - SPECIAL ASSIGNMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13. ARTI CLE 13 - DUES...................................................................................................................... 14. ARTICLE 14 - RESiDENCy....................... ................................. ................................. ................. .14. ARTICLE 15 - SUPPLIES.. ........................ ................................................................... .................14. ARTICLE 16 - TERM OF AGREEMENT ........................ .... ................ ............................................15. ARTICLE 17 - SUPPLEMENTAL AGREEMENT........ .............. ............... ...... ............................ ....15. S I G NA T U RES.. .. . .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. . .. . .. .. . . .. .. .. . . . . . . . . . .. .. .. .. .. .. . . .. . .. . .. .. .. .. .. .. . . . . .. . . . . . . . .. . . . . . .. .. .. . .. .. . . . . . 1 5. ADDEN DUM A............................................................................................................................. ..16. AGREEMENT This Agreement, made and entered into this IIf day of December, 2005 between THE CITY OF BOZEMAN, MONTANA, a municipal corporation, hereinafter referred to as "Employer", and THE BOZEMAN POLICE PROTECTIVE ASSOCIATION, hereinafter referred to as "Association". Witnesseth, 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. Neither the City of Bozeman nor the Association will discriminate against employees or applicants for employment because of age, race, sex, color, creed, national origin, physical or mental disability, political belief, marital status or religion. 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. This policy does not preclude discrimination based on bona fide occupational qualifications or other recognized exceptions under the law. ARTICLE 3 . RECOGNITION Employer recognizes the Bozeman Police Protective Association as exclusive bargaining agent for all Police Officers of the City of Bozeman except Lieutenants, Assistant/Deputy Chiefs and the Director of Public Safety/Police. New 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. 3. ARTICLE 5 - HOURS OF WORK & OVERTIME A. Hours of Duty: 1. The work period shall be a seven (7) day period beginning on Sunday at 12:01 A.M., and continuing through Saturday at 12:00 A.M. (Midnight). 2. The work hours shall be four (4) ten (10) hour days including briefings, with three (3) consecutive days off in a 7-day period. B. Work Schedule: 1. 1 O-hour shift; 2. One 40-minute meal period; 3. Two 20-minute rest periods; 4. Schedule posted in advance for convenience of the employee. C. Overtime and Compensatory Time: 1. Time and one-half for over ten (10) hours per day; 2. Time and one-half for over forty (40) hours per week; 3. The employee 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 employee is required to appear before any judicial body on his/her day off or outside his/her regularly scheduled shift; b. The employee is scheduled or called into duty on his day off or outside his/her regularly scheduled shift; c. The employee is scheduled or called into work on a duty day, not immediately before or after the regularly scheduled shift; 4. When attending training on a day off or outside the member's regularly scheduled shift, overtime shall be paid for the actual period worked. A. The maximum compensatory time balance for any employee from one calendar year to the next shall be 225 hours, with the remainder being paid at the overtime rate. Compensatory time is credited at time and one-half the hours worked and is available to use as time off with pay by the employee. The employee may use accumulated compensatory time credits with at least two weeks prior notice except in the case of an emergency. All requests shall be on the standard leave request form, and shall be submitted to the employee's immediate supervisor. Compensatory time will be administered in compliance with the Fair Labor Standards Act including: 4. 1. Once earned, non-exempt employees' compensatory time cannot be taken away by the employer; 2. 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; and 3. Upon termination or resignation, non-exempt employees must be paid their regular rate of pay for all compensatory hours remaining. ARTICLE 6 - MANAGEMENT RIGHTS Subject to the laws of the State of Montana. The right to hire, layoff, promote, demote, transfer, discharge for cause, maintain discipline, require observation of City and Department policies, rules and regulations, and maintain efficiency of the employees is the sole responsibility of the Employer, provided that employees shall not be discriminated against as such; and the Employer shall not exercise these rights in violation of the provisions of this Agreement. In addition, the Employer has the exclusive duty and right to manage its affairs, direct the working forces, schedule the work, and all other rights granted to the employer under State Law. Neither the Association nor the Employer shall discriminate against its employees or applicants for employment on the basis of color, race, sex, creed, age, marital status, religion, national origin, political ideas, disability or Association affiliation. This policy does not preclude discrimination based on bona fide occupational qualifications or other recognized exceptions under the law. 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 employees will be reasonably protected while in the service of the Employer; B. Health/DentalNision Insurance Coverage: Effective on July 1, 2005, The City of Bozeman will contribute $625 per month toward each employee's health/dental/vision insurance for coverage commencing July 1, 2005 (June deduction) through June 30, 2006. This will provide coverage which is subject to a $1,500 deductible ($1,500 out of pocket maximum for a single employee; $3,000 out of pocket maximum for a spouse/family). Employees may choose to cover family members, and may also choose to purchase a lower deductible and out of pocket maximum coverage. Costs of these additional coverages will be paid by the employee through payroll withholding. Subsequent years' coverage levels and City and employee contributions will be determined by, and subject to the vote of, the employee health insurance committee. *The City is desirous of providing all employees a basic level of health insurance coverage at no cost to the employee. The City will pay insurance premium increases in each year of the contract, up to the U.S. Consumer Price Index for all Urban Consumers for All Items - (Source: U.S. Department of labor, Bureau of Labor Statistics) of the previous year. If the 5. City is unable to accommodate the premium increase in excess of the CPI, the BPPA will agree to meet with representatives of the City and other bargaining units to determine what adjustments will be made to the insurance coverage. Effective July 1, 1997, the city's contribution toward employee's health/dental/vision will be added to the employee's gross pay. As part of this collective bargaining agreement, employees are required to authorize a payroll deduction from the employee's gross pay equal to the city's contribution toward employee's health/dental/vision. This deduction from the employee's gross pay will be paid into a fund maintained to provide health/dental/vision benefits for employees. The purpose of including the city's contribution toward employee's health/dental/vision in the employee's gross pay is solely for the purpose of augmenting the employee's eventual retirement benefit. The purpose of including the city's health/dental/life contribution in the employee's gross pay is not to result in additional net income to the employee. It is hereby acknowledged that both employee and employer retirement contributions will be required on this additional gross income--causing a decrease to the net income of the employee. It is also acknowledged that the inclusion of the City's health/ dental/vision contribution in the employee's gross pay does not by its nature affect overtime compensation, future pay increases, or other similar benefits. In the event that any subsequent law, court, arbitrator, or other lawful authority determines that the inclusion of the city's health/dental/vision contribution in the employee's gross pay affects overtime compensation, then the parties agree that there will be a corresponding adjustment to the affected hourly rate, pay, or benefit, to carry out the intent of this provision. C. Swim Center passes are available for the fiscal year at: 1. $10 per employee 2. $35 for the employee and family living in the same household. This pass is also honored at Bogert Pool during evening hours and on weekends when it is open. D.. The City encourages employees to receive medical examinations. The City will pay costs not covered by medical insurance up to a total cost of $100 for the exam. For instance: Total cost of exam: $196.00 Less medical insurance coverage: 1 50.00 Amount paid by City: $ 46.00 E. The City of Bozeman will agree to the physical fitness program for the Police Protective Association membership with the following conditions: 1. That the program is mandatory for all association members. All members will participate in good faith. There will be no minimum standard other than participation in good faith. The program supervisor will use his or her discretion in determining whether the member has participated in good faith. If it is determined that a member has not participated in good faith, the member will be subject to disciplinary action up to and including termination. If a medical excuse is provided by a physician the member will be excused from participation. 6. 2. That all costs associated with the program, such as, but not limited to, facilities, equipment or apparel, shall be borne by the participants or the Association~ 3. That the membership be allowed to use either the two twenty minute rest periods or the forty minutes meal period, under the guidelines developed by the Bozeman Police Department, as an exercise period. The guidelines will be established by the administration and may include minimum staffing levels and shift supervisor's approval and times for exercise. There will be no accumulation of time to allow for more than a forty minute period. 4. The Program Supervisor will be responsible for the program in its entirety, including equipment, facility arrangements and scheduling. The program supervisor will also be responsible for record keeping for the program and provide such records upon request, to the Director of Public Safety. F. The City will allow for two hours compensatory time to each member for participation in the testing program two times annually. The tests will be administered by the Program Supervisor approximately six months apart. The testing program includes: components and fitness standards are found in the Bozeman Police Protective Association's Physical Fitness Standards document, available from the Program Supervisor. The minimum score is a "Fit Score" of 3. Compensatory time will be awarded according to the following: Maximum, "fit score" in all 4 components 15 hours compensatory time "Fit score" of 5 in 3 components and "fit score" of 3 or better in 1 component: 12 hours compensatory time "Fit score" of no less than 3 in all 4 components 10 hours compensatory time G. Death Benefit: Upon the death of a current employee, the heir last designated to the City in writing by the employee for retirement purposes, unless a separate designation is received, shall receive the employee's statutory leave cash-outs and wages due. When an employee'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 employee's sick leave credits, minus that already herein calculated. ARTICLE 8 - RULES & REGULATIONS Each employee agrees to comply with Police Department rules and regulations. Employer agrees that employee 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 employee, 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. 7. Grievances shall be processed as rapidly as possible; the number of days indicated at each step shall be considered as maximum; and every effort shall be made to expedite the process, except that any grievance shall be processed during the period in which the parties involved are available. A grievant must file a grievance within sixty five (65) calendar days of the alleged act or knew or should have known of the act, whichever is later. Filing a grievance consists of completing steps one, two, and three of the grievance procedure and presenting the grievance to the Director of Public Safety in step four. Each grievance will be submitted separately except in cases wherein both the Employer and the Association mutually agree to have more than one grievance handled in one hearing. The Association agrees, in consideration of the arbitration process outlined herein, 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. The parties to this Agreement agree to select a standing arbiter to hear all grievances which have not been resolved by the grievance procedure. The standing arbiter shall be selected by mutual agreement. If a unanimous selection is not possible, the two sides will jointly request a list of five names from the State Board of Personnel Appeals. A coin toss shall determine the order of selection by the two parties. Each party will alternately cross off one until only one name remains. This person shall then be designated as the standing arbiter to arbitrate unresolved grievances. This selection process shall be completed within thirty days of the execution of the labor agreement. It is mutually agreed that once selected, a standing arbiter will serve until formally replaced. If either party wishes to change the arbiter, a written notice of change shall be submitted to the other party. Another arbiter shall then be selected as in the above procedure for all grievances filed after the notice of change has been submitted to the other party. Grievances submitted by either the Association or the Employer will be subject to the arbitration process herein provided. Management grievances, should they occur as a result of official Association activities or actions, will be presented directly by the City Manager, or his/her designated representative, to the President of the Association within thirty (30) calendar days of the occurrence prompting the grievance, or within thirty (30) 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. Step 1. Shift commander level An employee with a grievance shall discuss it first with his/her shift commander. Every effort shall be made to resolve the grievance in an informal manner. A grievant must complete step one within the first fifteen (15) calendar days of the alleged act or knew or should have known of the act, whichever is later. Step 2. Presenting grievance to the Association. In the event the grievant is not satisfied 8. with the disposition through shift Commander Level (step 1), he/she shall reduce his/her grievance to writing indicating the specific term(s) violated or misinterpreted, relief sought, sign the document and, within five (5) calendar days, present it to the Association. 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 calendar days to give a response to the grievant. If no grievance exists, in their opinion, no further action on the part of the Association is necessary; however, the employee may proceed to Steps 4 and 5 without sanction of the Association. Step 4. Filing a grievance with the Director of Public Safety. A grievance not resolved in the preceding steps must either be terminated by the grievant or must be presented to the Director of Public Safety. A grievant must complete step four within the first sixty five (65) calendar days of the alleged act or knew or should have known of the act, which ever is later. The Director shall meet with the grievant and shall provide the grievant with a written disposition of the grievance within fifteen calendar days of the meeting. Step 5. Appeal to the City Manager. If the Association or the employee remains dissatisfied after pursuing the preceding step, the Association or the employee will have ten calendar days to appeal the Director's decision to the City Manager or his/her designee. The City Manager will have fifteen (15) calendar days to furnish a written reply to the party concerned. This is the final step in the grievance process for an employee with a grievance 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 arbiter shall hear the case within thirty (30) calendar days after its initial presentation. The arbiter shall follow the expedited rules of the American Arbitration Association. The arbiter shall have no authority to extend, alter or modify this Agreement or its terms. The arbiter shall limit his/her findings and recommendations solely to specific terms of this Agreement and applications of such terms herein set forth. The arbiter shall have no power to extend the Agreement in the area of wages, fringe benefits, personnel strength levels, or other items of cost. The arbiter shall make a written report of his/her findings of fact and recommendations, including the basis in law, if any, for such recommendations, to the Employer and the Association within ten calendar days after the final hearing is concluded. The arbiter may make this report public ten days after it is submitted to the parties. If the grievance is not resolved within twenty days after the report is submitted to the parties, the report must be made public. The arbiter's role in this grievance procedure shall be advisory in nature and shall not bind either of the parties. 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 9. public. The Employer 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 arbiter. Failure of either party to comply with the time limits set forth above will serve to declare the grievance is settled based upon the last request or last answer provided, and no further action shall be taken. The time limits, as specified, may be extended by mutual consent of the parties. ARTICLE 10 . HOUDA YS, BIRTHDAYS & CONVENTIONS A. Holidays: Each employee who works the majority of the shift of any of the below-scheduled holidays shall be compensated at the rate of time and one-half his/her regular rate of pay. The employee will have the option to accept five (5) hours of compensatory time in lieu of five hours pay (5). In addition, each employee shall be compensated for all the hereinafter specified holidays occurring during the calendar year, at the rate of eight (8) hours pay for each holiday; the said extra holiday compensation shall be paid to the employee even though he/she has not actually worked on the below-specified holidays. Compensated 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. Every day in which a general election is held throughout the State of Montana B. Birthdays: Employees shall be entitled to take a day off work, without loss of pay and benefit. The employee shall give a thirty-day notice in writing to the staff member in charge of scheduling work hours. The day off will be at the convenience of the Department and the Employer will make an effort to grant the day off. If the requested date is not at the convenience of the Department, the employee will be credited with ten hours compensatory time. C. State Convention: Employees will be allowed to attend the State Convention of the Montana Police Protective Association without loss of pay and benefits, providing the shifts are covered within the guidelines set forth in the Department Rules and Regulations Manual. The City of Bozeman agrees to pay mileage, registration, meals and motel for two delegates. The rates will be in accordance with State Statutes (State rates). 10. ARTICLE 11 - SICK LEAVE Sick leave shall be accrued and expended according to State Law. Sick leave may be converted to supplemental retirement or deferred compensation in accordance with Addendum A. ARTICLE 12 - SALARY & WAGES A. Effective Salary Dates: Police Salaries for fiscal years 2006 and 2007, with monthly salary rates effective July 1, 2005 and July 1, 2006. July 1, 2005 - July 1, 2006 - POSITION f June 30, 2006 June 30, 2007 Sergeant $4,109 $4,249 Senior Master $3,768 $3,908 PatrolOfficer Master Patrol Officer $3,673 $3,813 Officer First Class *d $3,480 $3,620 Confirmed Patrol $3,218 $3,358 Officer Probationary * e $3,020 $3,160 I. Until July 1, 2005 Police officers' monthly base salary was been increased by $35 per month as compensation for First Responder certifications (after completion of probationary period.) This certification requirement was discontinued wittl the contract covering the period of July 1,2005 through June 30, 2007, but the additional pay was not removed from the employee's base. 2. The salary matrix which became effective January 1, 1995 includes holiday pay. 3. The City shall determine the qualifications and selection procedure for the rank of Senior Master Patrol Officer, Officer 2nd class/Officer 1 sl class combined July 17, 2001. 4. Probationary II/Probationary I combined July 17, 2001 5. Ranks of Lieutenant and above were removed from the Association by Agreement dated October 5, 2004 B. Longevity: Each duly confirmed member of the Bozeman Police Department is entitled to longevity pay in addition to his/her base pay. 1. Longevity is paid according to the following schedule, for each year beyond the first year of service (i.e., 9 years of service = 8 years X $12/YOS = $96/month longevity pay.) 2-4 years of service 5-9 years of service 1 0~20 years of service 21 + years of Service $1 a/mo/YOS $12/mo/YOS $14/mo/YOS $280 Cap. 2. Employees will receive additional longevity increments on their anniversary date. The anniversary date for employees who were not in probationary status as of July 1, 1994 will be July 1 st of each year. The anniversary date for employees who were in 11. probationary status as of July 1, 1994 and employees hired after July 1, 1994 will be the anniversary of their date of hire. C. Lateral Transfers: The association and city agrees that in the interest of drawing experienced and qualified applicants to openings within the Bozeman Police Department, that lateral transfers from police agencies shall be accepted with the following conditions: * lateral transfer language agreed to on July 17, 2001 1. The officer applicant shall have been employed for 12 of the past 24 months (at time of hire), as a full-time Police Officer, Deputy Sheriff, Tribal Officer or State Trooper who possess full police powers and duties. Applicants must have current/valid transferable post law enforcement basic certificate and provide proof of such upon application. a. Officers holding a current/valid Montana post law enforcement basic certificate will NOT have to attend the basic law enforcement academy. However, ALL certified law enforcement officers from outside the State of Montana must take and pass the Police Officer Equivalency Examination administered by the Montana Law Enforcement Academy. Officers successfully completing this process also must complete the Bozeman Police Department Field Training Officer Program. Lateral applicants will be paid at the Confirmed Officer's rate. b. If the officer is hired, the officer shall hold the rank of Probationary Police Officer. Promotions of the officer shall be in accordance with the Bozeman Police Promotion Policy. c. 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. d. 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. 12. D. Post certification/higher education payment 1. Associates Deqree - $15 per month, as earned, to be added to the officers' base pay. 2. Bachelors Deqree - $25 per month, as earned, to be added to the officers' base pay. 3. Intermediate Certificate - $35 per month, as earned, to be added to the officers' base pay. 4. Advance Certificate - $55 per month, as earned, to be added to the officers' base pay NOTE: Upon completion of the requirements for, and receiving, the advanced certification, the higher rate shall be paid. The employee will be paid for the highest degree and highest certificate that he/she holds. E. Special Assignments. 1. Field Traininq Officer - Officers who are designated as a Field Training Officer for the purposes of training probationary officers shall receive Seventy five ($75.00), as earned, per month as incentive pay for these additional responsibilities. Field Training Officer must work a minimum of four days during the pay period to receive the additional pay. 2. Motorcycle Patrol - Officers who are certified and assigned by the Deputy Chief of Patrol to motorcycle patrol and perform motorcycle patrol duties for the majority of each month assigned will receive Fifty Dollars ($50) per pay period additional compensation. 3. Bicycle Patrol - Officers who are certified and assigned by the Deputy Chief of Patrol to bicycle patrol will receive Fifty Dollars ($50) per pay period additional compensation during any month that the officer's actual time working from the bicycle exceeds 50 hours 4. Detectives - Detectives/School Resource Officers who are assigned by the Deputy Chief of Investigations to the general detective division, Drug Task Force as a Detective or School Resource Officer will receive One Hundred Fifty Dollars ($150) per pay period in additional compensation. Detectives assigned to the General Detective Division will receive $200 for the first month added to the detectives' monthly salary, as a clothing allowance. Officers who work less than 12 months as a detective will be required to reimburse the City for a pro-rata share of the $200 (i.e.: $100 reimbursement for only working six months). The detective incentive, which became effective July 1, 2000, includes monthly clothing allowance and rotational "on call" pay. 13. 5. Canine Officers -- Pursuant to the Letter of Agreement dated December 7, 1998, between the City of Bozeman and the Bozeman Police Protective Association: a. Canine Officers are paid for thirty (30) minutes of canine care time each day. This time applies to on-duty days and off-duty days, and is paid at the per hour rate of the State or Federal minimum wage, whichever is greater. The aforementioned thirty (30) minutes per day is referred to as "non-law enforcement canine care time". b. Time spent performing non-law enforcement canine care time is not compensable as overtime under Article 5 paragraph C.1 of this Agreement. c. Non-law enforcement canine care time is compensable at the overtime rate only when "law enforcement duty hours" exceed 40 in a work week. "Law enforcement duty hours" are defined as total hours reported minus: sick leave, vacation leave, leave without pay, holiday hours, personal leave and compensatory time used. Non-law enforcement canine care-related overtime worked will be paid at one and a half times the rate established in paragraph a. above. d. The Canines are City property. Should the City decide that the canine will no longer be assigned to the particular officer, then the canine shall be returned to the City, unless the officer applies for and receives approval to take possession and ownership of the dog in accordance with City policy. e. Officers who are assigned by the Deputy Chief of Patrol to the K-9 unit 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. S785.23. ARTICLE 13 - DUES The Employer agrees to deduct, once each month, dues or assessments from the pay of those employees 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 . RESIDENCY Employees shall comply with the residency requirement as established by ordinance of the City of Bozeman. ARTICLE 15 - SUPPLIES A. The Employer will furnish and supply uniforms and equipment to employees necessary to complete their duties. 14. ARTICLE 16 - TERM OF AGREEMENT This Agreement shall be effective 1 July 2005 and shall remain in full force and effect until its termination date of 30 June 2007. 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 17 - 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. 1 It WitHeM WItC'UXl{ the parties hereto have set their hands this J Ljfh day of December 2005. . FOR: CITY OF BOZEMAN FOR: BOZEMAN POLICE PROTECTIVE ASSOCIATION (~-~' ;;7;72~~i:' ~;;;~:/ // City Manager AssOCiation Pre"sident - ~./~ CI Y Clerk --- -^ 15. ADDENDUM A CITY OF BOZEMAN, MONT ANA SUPPLEMENTAL RETIREMENT PROGRAM Purpose of the Program: 1. To reduce the amount of sick leave taken by employees. 2. To reward employees for staying healthy. 3. To discourage abuse of sick leave. 4. To provide for a supplement of employee's retirement. Program Description: 1. Employees are allowed to move portions of their sick leave balance from sick leave to a supplemental retirement account. The supplemental retirement account will operate in essentially the same manner as vacation leave, sick leave and compensatory time, in that it is simply an accumulation of hours. The supplemental retirement account hours will be paid at 75 percent of the employee's hourly rate at retirement or termination. Employees will also have the option of converting the supplemental retirement hours to cash (at the current hourly rate) and placing the cash in the City's deferred compensation program. Employees are allowed to convert all or portions of their supplemental retirement account to the City's deferred compensation program once a year (at 75 percent of the current hourly rate). This will occur during the month of September of each year and cover hours as of June 30 of that year. Employees will not be able to take the hours in the form of cash for current uses. Employees' sick leave balances will continue to be paid at 25 percent of the employee's hourly rate at retirement or termination. 2. Sick leave hours eligible to move to a supplemental retirement account are subject to the following restrictions: A. Employees 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. 16. 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 employee uses 1 day (8 hours) of sick leave during the year. That employee 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 employee 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 employee will only be able to move as many hours as will result in his/her sick leave balance to be 192 hours. 3. If employees move hours to the supplemental retirement account and do not elect to convert the hours to the deferred compensation program, the supplemental retirement account hours may only be used for sick leave and may only be used if the employee's sick leave and annual leave have been entirely exhausted. If an employee has transferred his/her supplemental retirement to the deferred compensation program, the employee's access to the funds is governed by the deferred compensation program rules. 17.