HomeMy WebLinkAbout10- Bozeman Police Protective Assoc. and City Collective Bargaining Agreement, 2011-2012/ =M
11 . . . .. .... ....... ....
Fiscal Years 2011 through 2012
(July 1, 2010 through
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE ................ - ..................................... ...................... 3.
ARTICLE 2 - APPLICABLE LAW ............. ........... - ..........................
ARTICLE 3 - RECOGNITION .................... ..................... 3.
ARTICLE 4 - MINIMUM STANDARDS ...................................................................... 3,
ARTICLE 5 - HOURS OF WORK & OVERTIME ......................................................... ................... 4.
ARTICLE 6 - MANAGEMENT RIGHTS ............................................................... - 5.
ARTICLE 7 - HEALTH, SAFETY & WELFARE ..................... ................................................... ... - 6.
ARTICLE 8 - RULES & REGULATIONS .............. - ......................................... 8.
ITRATION ....... ....... ........................ ........ 8.
ARTICLE 10 - HOLIDAYS, BIRTHDAYS & CONVENTIONS........... .............. ............................... 11.
ARTICLE 11 - SICK LEAVE ........................................................ ........................... ...................... 12.
ARTICLE 12 - SALARY & WAGES ........................ ..................................... -- ..................... I ...... 13.
ARTICLE 12C - SERGEANT PAY .................................................................................................. 14.
ARTICLE 12D - LATERAL TRANSFERS- .......................................... ............... ........................ 14.
ARTICLE 12E - POST CERTIFICATE/HIGHER EDUCATION PAYMENT ................................... 14.
ARTICLE 12F - SPECIAL ASSIGNMENTS ................... .............................................................. 15.
ARTICLE13 - DUES ........... ............. .................................. ......... - ............... ........... ................ 16.
ARTICLE 14 - SUPPLIES .................................................................................... ............... ....... 16.
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ARTICLE 16- SUPPLEMENTAL AGREEMENT ......... ............... .............. ................................... 17,
SIGNATURES.............................................................................. -- .................. -- ........ ................ 17.
ADDENDUMA ...... - ....... .................................................................. .............. ............................ 18.
This Agreement, made and entered into this — day of 2010, 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,
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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 employee 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. This 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, Deputy Chiefs and the Chief of
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,
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. 10 -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;
d. Effective July 1, 2011, an employee shall be entitled to receive the minimum
payment provided by this section under the following circumstances:
1 The employee follows the proper departmental check in procedures;
and
2) The employee 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.
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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
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/Dental/Vision/Prescription Insurance Coverage,
0 —June 30. 2011
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 $729 per
month toward employee's health/dental/vision/prescription insurance for coverage
commencing July 1, 2010 (June deduction) through June 30, 2011. 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 through payroll
deduction.
Effective July 1, 1997, the City's contribution toward employee's health/dental/vision
/prescription 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/prescription insurance. This deduction from the employee's gross pay
will be paid into a fund maintained to provide health/dental/vision /prescription 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/prescription
insurance.
Including the City's contribution toward employee's health/dental/vision/prescription
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. § 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.
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: 150.00
Amount paid by City: $ 46.00
E. Health and Fitness - The City of Bozeman will agree to the physical fitness program for the
Police Protective Association membership with the following conditions:
The membership will be allowed to use either the two twenty minute rest periods and/
or the forty minute 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. Accumulation of breaks under this provision cannot
carry over from day to day,
2. Fitness Testing Program:
a. The Testing 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.
b. 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-;
C. 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 Chief of Police.
d. 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 fitness testing program consists of a choice between two physical fitness
tests:
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a). Coopers Standards - 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
b). Montana Physical Abilities Test (MPAT)) — Components and fitness
standards are based upon State set minimum standards. Officers who
pass the MPAT will receive fifteen (15) hours compensatory time,
1 ) The employee will be compensated for up to 2 tests per year.
2) The option to use Cooper Standards test ceases when MPAT
equipment becomes easily accessible on a year round basis.
F. 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.
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.
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
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one, two, and three of the grievance procedure and presenting the grievance to the Police Chief 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
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.
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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 Police Chief. A grievance not resolved in the
preceding steps must either be terminated by the grievant or must be presented to the
Police Chief. 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, whichever is later. The Chief
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 Chief'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
public, to the extent required by law.
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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
I I . Federal General Election Day (every other year)
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.
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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 twc
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 a supplemental retirement program and into one of the city's qualified deferred compensation
plans in accordance with Addendum A.
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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 2011
and 2012, with monthly salary rates effective July 1, 2010 and July 1, 2011 are as follows:
Step
Year
Months of
Service
Monthly Salary Rates
FY2011 and FY 2012
1
12 months or less
$3,661.93
1
13 through 24
$3,747.09
2
25 through 36
$3,832.25
3
37 through 48
$3,917.41
4
49 through 60
$4,002.57
5
61 through 72
$4,087.73
6
73 through 84
$4,172.89
7
85 through 96
$4,258.06
8
97 through 108
$4,321,93
9
109 through 120
$4,385.80
10
121 through 132
$4,449.67
11
133 through 144
$4,513.54
12
145 through 156
$4,577.41
13
157 through 168
$4,641.28
14
169 through 1
$4,705.15
15
181 through 16
16
193 through 204
$4,832.89
17
205 through 216
$4,896.76
18
217 through 228
$4,960.63
19
229 through 240
$5,024.51
20
241 through 252
$5,088.38
21
253 through 264
$5,152.25
22
265 through 276
$5,216.12
23
277 through 288
$5,279.99
24
289 through 300
$5,343.86
25
301 or more
$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 1' 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,
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C. Sergeant Pay. Employees promoted to the rank of Sergeant will receive $500.00 per
month OR 11% of the Officer's Step base, whichever is greater. 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 MCA 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 fall 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 Police Chief.
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
officers' base pay.
2. Bachelors Degree - $25 per month, as earned, to be added to the
officers' base pay.
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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. This increases to $75.00 per
month, as earned, on July 1, 2011
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 Training Office - Officers who are designated as a Field Training Officer for
the purposes of training probationary officers shall receive $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, as designated by the Police
Chief or designee.
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 $20 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.
5, Canine Officers -- Canine officers shall be paid an additional $150 per month 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
compensable as overtime under Article 5 paragraph CA of this Agreement.
If
C. 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,
d. 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. §785.23.
6. Shift Differential — Officers whose regularly scheduled shifts fall outside of an 8:00
a.m. to 5:00 p.m. schedule shall be compensated in addition to their regular base
rate as follows:
Effective July 1, 2010 $0.40 per hour
Effective July 1, 2011 $0.80 per hour
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.
This differential pay shall be subject to the following provisions:
a. The shift differential will apply when any patrol officer who is normally
scheduled to day shift works a shift falling outside of the day shift;
b The shift differential will not apply in the event that a patrol officer is working a
day shift and that shift is extended;
C. The shift differential will not apply when any patrol officer works a day shift;
d. The shift differential will not apply to any hours in a paid or unpaid leave
status;
e. The shift differential will not apply to officers assigned to the detective division
until the detective division adopts regularly scheduled shifts outside of the day
shift;
f. The shift differential will not be computed in the payout of accumulated
vacation, compensatory time or sick leave,
9. The shift differential will be included when calculating the pay rate for overtime
purposes for those employees regularly scheduled to work 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
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.
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ARTICLE 15 - TERM OF AGREEMENT
This Agreement shall be effective 1 July 201 and shall remain in full force and effect until its
termination date of 30 June 2012.
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.
'7# AfIlwamlleme'l,
the parties hereto have set their hands this day of 2010.
YACITLA MAi
City Manager
B6'
cd y � tilerk""
(
883
FOR: BOZ9MAN POLICE PROTECTIVE
ASSOCIATION
Asrci,a ro_,President
Association Vice President
Negotiatft Team'thai
1 7
F-11
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.
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
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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. 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.
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