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HomeMy WebLinkAbout07- Collective Bargaining Agreement with the Bozeman Police Protective Association COLLECTIVE BARGAINING AGREEMENT Between CITY OF BOZEMAN and BOZEMAN POLICE PROTECTIVE ASSOCIATION Fiscal Years 2008 through 2010 (July 1, 2007 through June 30, 2010) ARTICLE 1 - PURPOSE.......................... ............................................... ........................................ .3. ARTICLE 2 - APPLICABLE LAW ............ ................. ...................................................................... .3. ARTICLE 3 - RECOGNITION.................. ................. ........ .............................................................. .3. ARTICLE 4 - MI NIMUM STANDARDS..... ................. .............................................................. ........ .3. ARTICLE 5 - HOURS OF WORK & OVERTIME..............................................................................4. ARTICLE 6 - MANAGEMENT RIGHTS.................... ............................................ ........................... .5. ARTICLE 7 - HEALTH, SAFETY & WELFARE ................................................................................5. ARTI CLE 8 - RULES & REGULATIONS.......................................................................................... 8. ARTI CLE 9 - GRI EV ANCE & ARBITRATION.................................................................................. 8. ARTICLE 10- HOLIDAYS, BIRTHDAYS & CONVENTIONS......................................................... 1 O. ARTICLE 11 - SICK LEAVE...........................................................................................................11. ARTICLE 12 - SALARY & WAGES ................................................................................................11. ARTI CLE 12D - LATERAL TRANSFERS....................................................................................... 13. ARTICLE 12E - POST CERTIFICATE/HIGHER EDUCATION PAYMENT ....................................14. ARTICLE 12F - SPECIAL ASSIGNMENTS ..................................................................................14. ARTICLE 13 - DUES ........................ ......................... ............................................... ........... .......... .15. ARTICLE 14 - SUPPLIES ......... ................................ ................................................................... ..15. ARTICLE 15 - TERM OF AGREEMENT ........................................................................................15. ARTI CLE 16- SU PPLEM ENTAL AGREEMENT............................................................................ 16. SI GNA TURES......................................................................................................................... .......16. ADDENDUM A...................... ........................... .......................... ............................. ...................... .17. AGREEMENT This Agreement, made and entered into this "drl!:- day of August 2007 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. 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. 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. 3. The Employer shall continue the hours of work and shifts in effect on the effective date of this Agreement. However the Employer may change such hours of work and shifts if the Association agrees. 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. D. 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 4. Standards Act including: 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 (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; 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 employees will be reasonably protected while in the service of the Employer; B. Health/DentalNision Insurance Coverage: 5. Julv 1 2007 - June 30. 2008 The City is desirous of providing all employees a basic level of health insurance coverage at no cost to the employee. The City of Bozeman will contribute $671 per month toward employee's health/dental/vision insurance for coverage commencing July 1, 2007 (June deduction) through June 30, 2008. Subsequent years' coverage levels and city and employee contributions will be determined through the health insurance committee, subject to Commission approval. Family coverage: 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 deduction. Effective July 1, 1997, the City's contribution toward employee's health/dental/vision insurance will be added to the employee's gross pay. This portion of the employee's gross pay is hereinafter referred to as the "Contribution." As part of this collective bargaining agreement, employees are required to participate in the City's health/dental/vision insurance plan on either a pre-tax or post-tax basis. If an employee elects to participate on a pre-tax basis, the employee shall authorize a payroll deduction from the employee's gross pay equal to the Contribution toward employee's health/dental/vision insurance. This deduction from the employee's gross pay will be paid into a fund maintained to provide health/dental/vision insurance benefits for employees. If an employee elects to participate on a post-tax basis, the Contribution shall be taxable income to the employee and the employee shall authorize the payment of the Contribution value, after its deemed receipt, toward the employee's health/dental/vision insurance. Including the City's contribution toward employee's health/dental/vision insurance in the employee's gross pay serves the purpose of augmenting the employee's eventual retirement benefit. 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 the intent of the employees and the City that the Contribution be excluded from the determination of the employee's "regular rate" of compensation as that phrase is defined under 29 U.S.C. S 207(e)(4). In the event that any subsequent law, court, arbitrator, or other lawful authority determines that the inclusion of the City's health/dental/vision insurance contribution in the employee'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 employee and the employer. 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. 6. 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: Less medical insurance coverage: Amount paid by City: $196.00 150.00 $ 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. 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 Associationi 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 "Fit score" of 5 in 3 components and "fit score" of 3 or better in 1 component: "Fit score" of no less than 3 in all 4 components 15 hours compensatory time 12 hours compensatory time 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. 7. 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. 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. 8. 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 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. 9. 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 public, to the extent required by law. 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 - HOLIDAYS, BIRTHDAYS & CONVENTIONS A. Holidays: 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. Federal General Election Day (every other year) 10. For purposes of this section, holiday work hours shall begin at 12:01 a.m. and end at 12:00 a.m. (midnight) 24 hours later B. In addition, each employee who works any hours on any of the above listed holidays shall be compensated at the rate of time and one-half his/her regular rate of pay for each holiday hour worked. The employee will have the option to accept compensatory time in lieu of cash overtime pay. For example, an Officer who comes to work at 2100 hours (9:00 p.m.) on the date being observed as Christmas, will be eligible for overtime or compensatory time, at time and a half, for 3 hours of his/her work shift. C. 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. D. 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). 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: All employees covered under this agreement are hourly employees paid on a monthly salary basis. Officer monthly Salaries for fiscal years 2008, 2009 and 2010, with monthly salary rates effective July 1,2007, July 1,2008 and July 1, 2009 are as follows: 11. Step Months of Monthly Salary Rates Year Service FY2008 FY2009 FY2010 0 12 months or less $3,418 $3,538.09 $3,661.93 1 13 through 24 $3,498 $3,620.38 $3,747.09 2 25 through 36 $3,577 $3,702.66 $3,832.25 3 37 through 48 $3,657 $3,784.94 $3,917.41 4 49 through 60 $3,736 $3,867.22 $4,002.57 5 61 through 72 $3,816 $3,949.50 $4,087.73 6 73 through 84 $3,895 $4,031.78 $4,172.89 7 85 through 96 $3,975 $4,114.06 $4,258.06 8 97 through 108 $4,035 $4,175.77 $4,321.93 9 109 through 120 $4,094 $4,237.48 $4,385.80 10 121 through 132 $4,154 $4,299.20 $4,449.67 11 133 through 144 $4,213 $4,360.91 $4,513.54 12 145 through 156 $4,273 $4,422.62 $4,577.41 13 157 through 168 $4,333 $4,484.33 $4,641.28 14 169 through 180 $4,392 $4,546.04 $4,705.15 15 181 through 192 $4,452 $4,607.75 $4,769.02 16 193 through 204 $4,512 $4,669.46 $4,832.89 17 205 through 216 $4,571 $4,731.17 $4,896.76 18 217 through 228 $4,631 $4,792.88 $4,960.63 19 229 through 240 $4,690 $4,854.59 $5,024.51 20 241 through 252 $4,750 $4,916.31 $5,088.38 21 253 through 264 $4,810 $4,978.02 $5,152.25 22 265 through 276 $4,869 $5,039.73 $5,216.12 23 277 through 288 $4,929 $5,101.44 $5,279.99 24 289 through 300 $4,989 $5,163.15 $5,343.86 25 301 or more $5,048 $5,224.86 $5,407.73 1. Until July 1, 2005 Police officers' 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 employee'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 1st 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. B. Employees will receive Step pay adjustments on the first day of the month of their anniversary of most recent employment as a sworn officer with the Bozeman Police Department. C. Sergeant Pay. Employees promoted to the rank of Sergeant will receive the following additional pay: 12. Jul 1,2007 $450.00 per month Jul 1,2008 $450.00 per month Jul 1,2009 $500.00 per month or 11 % of the Officer's Step base, whichever is reater. This additional pay will be paid on a monthly basis, as earned and will be included when calculating the pay rate for overtime purposes. D. Lateral Transfers: The association and city agree that it is in the best interest of the Department 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. Refer to MeA 7-32-303 and 7-32-240. In addition, in order to be considered for employment with this agency, applicants must meet all established pre- employment minimum requirements as well as successfully complete all testing, screening, and background screening components. 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. 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. e. The lateral employment program will recognize up to five (5) years of experience when establishing the starting salary for qualified candidates. For example, a new employee who has nine (9) years of qualified experience may receive, upon entry into employment as a sworn officer with the Bozeman Police Department, the salary shown in Step 5 of the Officer's Pay Matrix. The starting rate shall be established at the sole discretion of the Director of Public Safety/Police. f. This program does not and will not provide for the lateral transfer of rights to any seniority based status. 13. E. Post certification/higher education payment: 1. Associates Dearee - $15 per month, as earned, to be added to the officers' base pay. 2. Bachelors Dearee - $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. $55 per month, as earned, to be added to the officers' base pay 4. Advance Certificate - 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. F Special Assignments. 1. Field Trainina 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 (Le.: $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. 14. 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. 9785.23. 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 - SUPPLIES A. The Employer will furnish and supply uniforms and equipment to employees necessary to complete their duties. ARTICLE 15 - TERM OF AGREEMENT This Agreement shall be effective 1 July 2007 and shall remain in full force and effect until its termination date of 30 June 2010. 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 15. 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. 1H 111itHe46111~, ""\ ^ tJh_. the parties hereto have set their hands this ~ day of August, 2007 FOR: CITY OF BOZEMAN FOR: BOZEMAN POLICE PROTECTIVE ASSOCIATION ~A.~ City Manager . .~~:.- rYJtI/rrJ Associati61 President ~~ - ... ... - . ... ~,~, - . ~.- , ,. - .' Negotiating Team Chairman 16. ADDENDUM A CITY OF BOZEMAN, MONTANA 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 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 employee'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. Employees will not be able to take the hours in the form of cash for current uses. Employees' remaining 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 deferred compensation 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. 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 17. many hours as will result in his/her sick leave balance to be 192 hours. 3. The annual election to convert sick leave hours into deferred compensation under this program is irrevocable. Once sick leave hours are converted, they can not be "purchased back" for use as leave at a future point in time. 4. Employees 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 employees current hourly rate and conversions to an existing sick-leave bank will be done hour-for- hour. If an employee election under this part results in the employee exceeding the IRS annual maximum for contributions to a deferred compensation plan, the employee will be allowed up to 2 additional years to complete the conversion. 18.