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032 of 1997 - AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN0 97-1 0 97-7 SALT LAKE CITY ORDINANCE No. 32 of 1997 (Approving a Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO representing the "500 Series" City Employees) AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND THE SALT LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE ASSOCIATIONS, LOCAL 75, AFL-CIO REPRESENTING THE "500 SERIES" CITY EMPLOYEES WHICH SHALL BECOME EFFECTIVE ON PROPER RATIFICATION AND SIGNATURE. PREAMBLE The Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO, as the Certified Bargaining Representative for the "500 Series" City Employees, and the Mayor, have agreed to a Memorandum of Understanding subject to appropriate ratification by the "500 Series" City employees and signature of the parties. Section 9(c) of the Salt Lake City Third Amended Labor Bargaining Resolution, dated April 10, 1984, provides that no collective bargaining Memorandum of Understanding shall be effective until the City Council approves the Memorandum of Understanding, enacts implementing legislation and appropriates all required funds. The attached Memorandum of Understanding is a two year agreement effective for fiscal years 1997-1998 and 1998-1999. The City Council has appropriated necessary funds required to 1 implement the provisions of the attached Memorandum of Understanding for fiscal year 1997-1998. For fiscal year 1998- 1999, the Memorandum of Understanding shall be subject to appropriation of funds by the City Council. Accordingly, the City Council wants to approve the attached Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO, which shall become effective on ratification and signature of the parties. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached Memorandum of Understanding which shall become effective on appropriate ratification by the "500 Series" City employees and on signature of the Mayor, as the Chief Administrative Officer for the City and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO, representing the "500 Series" employees, pursuant to Section 9(c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984. SECTION 2. The attached Memorandum of Understanding between the City and the Salt Lake Police Association, International Union of Police Associations, Local 75, AFL-CIO is hereby approved. SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the attached Memorandum of Understanding when it is 2 properly ratified and executed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be deemed effective on its first publication. Passed by the City Council of Salt Lake City, Utah, this loth day of June A EST: 3 , 1997. APPROVED AS TO FORM Salt Lake City Attorney's Office Date Transmitted to the Mayor on June 10, 1997 Mayor's Action: ATTEST: Bill 32 of 1997 Published 1'-(- 1997 XXX Approved V-toed 1 4 oyl 1 RECORDED JUN 2 61997 MEMORANDUM OF UNDERSTANDING CITY RECORDER .. 74 THIS EMORANDUM OF UNDERSTANDING is made and executed this L,.,- of , 1997, by and between SALT LAKE CITY CORPORATION, hereinafter referred to as the "CITY", and the SALT LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE ASSOCIATIONS, LOCAL 75, AFL-CIO, hereinafter referred to as the "ASSOCIATION". W I T N E S S E T H: WHEREAS, the CITY has endorsed the practices and procedures of collective bargaining specified in its collective -bargaining resolution of November 16, 1977, as amended on April 10, 1984, hereinafter referred to as "RESOLUTION", as a fair and orderly way of conducting its relations with its Police Officers insofar as such practices and procedures are appropriate to the functions and obligations of the CITY and to retain the right effectively to operate in a responsible and efficient manner, consistent with the paramount interests of the CITY; and WHEREAS, the parties recognize that this MEMORANDUM OF UNDERSTANDING, hereinafter referred to as the "MEMORANDUM", is not intended to modify any of the discretionary authority vested in the body of law developed thereunder or under its ordinances or the RESOLUTION; and WHEREAS, it is the intention of the parties to this agreement to negotiate, where not otherwise mandated by Statute or Ordinance, for the salary structure, benefits and employment conditions of the employees classified by the CITY as "500" Series Police Officers, hereinafter referred to as "Police Officers", to prevent interruptions to work and interference with the efficient operation of the CITY, and to provide an orderly and prompt method for handling and processing grievances and WHEREAS, the collective bargaining process has, over the years, generated various forms of compensation yielding the total compensation package described in this MEMORANDUM. At times, increased allowances in benefits have been provided rather than increased salary. In full settlement of all wage and contractual issues, the parties agree with the terms and conditions of the 1 following MEMORANDUM OF UNDERSTANDING effective July 1, 1997 through June 30, 1999. NOW, THEREFORE, the parties hereto declare their mutual understandings as follows: ARTICLE I. PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM Delivery of municipal services in the most efficient, productive and courteous manner is of paramount importance to the CITY and the ASSOCIATION. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. All provisions of this MEMORANDUM shall be construed in compliance with such obligation and shall not abrogate in any respect provisions of the RESOLUTION, applicable Civil Service laws, rules and regulations, police department rules, regulations and orders, or the Salt Lake City Code. ARTICLE II. RECOGNITION The CITY recognizes the ASSOCIATION as the exclusive bargaining agent pursuant to the RESOLUTION for the purpose of negotiating salaries, wages, hours and other conditions of employment for Police Officers. These rights of the Police Officers' bargaining agent shall remain in effect until decertification of the ASSOCIATION or until repeal or amendment of the RESOLUTION. ARTICLE III. RIGHTS AND OBLIGATIONS A. MANAGEMENT PREROGATIVES, CITY EMPLOYER RIGHTS 1. It is the exclusive right of the CITY to determine the mission of each of its constituent departments, boards and commissions, consistent with the provisions of this MEMORANDUM and to set standards of service to be offered to the public, and to exercise exclusive 2 control and discretion over its organization and operation by the lawfully constituted officers thereof. 2. It is the exclusive right of the CITY to: (a) Hire and direct its Police Officers; (b) Determine position of employment and establish classifications therefor; (c) Take disciplinary action for just cause; (d) Relieve its Police Officers from duty because of lack of work or other legitimate reasons, subject to appropriate review hereunder; (e) Determine the method, means and personnel by which the CITY's operations are to be conducted, including but not limited to contraction out to the private sector or other agencies of government any operations, services, labor or any other job performed by or for the CITY; provided, however, that the exercise of such rights does not preclude Police Officers or representatives from conferring or raising grievances about the practical consequences such decisions on these matters may have on wages, hours, or other terms and conditions of employment in an expeditious and appropriate manner. (f) Take whatever actions as may be necessary to carry out its responsibilities in situations of an emergency. 3. The ASSOCIATION recognizes the CITY's right under the RESOLUTION to establish and/or revise performance standards or norms notwithstanding the existence of prior performance levels, norms or standards. Such standards, developed by usual work measurement procedures, performance measure the may be used to determine acceptable levels, prepare work schedules and to performance of each Police Officer or group 3 of Police Officers. Police Officers who work at less than acceptable levels of performance may be subject to disciplinary measures in accordance with performance standards established by the CITY. 4. Training in an approved training course may be required of each Police Officer by the CITY. B. POLICE OFFICER RIGHTS 1. Police Officers shall have the right to self - organization, to form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing according to the RESOLUTION or any ordinance adopted in lieu of the RESOLUTION, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. No Police Officer shall be discriminated against because of affiliation or membership with the ASSOCIATION. 2. Police Officers shall also have the right to refuse to join or participate in any activity of any employee organization and shall have the right to represent themselves individually in their employment relations with the CITY. No Police Officer shall be discriminated against because of his or her refusal to affiliate with the ASSOCIATION or because of membership or affiliation with another labor organization. 3. A Police Officer shall have the right to refrain from any and all activities with reference to an employee organization and shall be free from any and all restraint or coercion in the exercise of the right to refrain from joining, participating, assisting, supporting or in any other way contributing to the operation of the ASSOCIATION. No Police Officer shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of any of these rights. 4 4. The parties agree that they will continue to work cooperatively to assure that all Police Officers have equal -employment opportunities and that no one is discriminated against because of race, color, national origin, sex, religion or age as specified in the CITY's current affirmative action plan. Further, no Police Officer shall be discriminated against because of political affiliation, marital status or handicap to the extent they are protected under Federal or State law or contract. 5. Nothing in this MEMORANDUM shall preclude any Police Officer: (a) Regardless of membership or non -membership in the ASSOCIATION, from bringing matters of personal concern to the attention of the appropriate officials in accordance with applicable law, regulations or established policy; (b) From acting on his or her behalf in choosing an attorney or agent in a grievance or judicial action, provided that no police officer shall be represented in a grievance or other action before the CITY by any agent or representative of an employee organization other than the ASSOCIATION; or (c) Who is or is not an eligible member of the ASSOCIATION from having and enjoying, without discrimination, all employment rights and benefits granted by the CITY. C. ASSOCIATION RIGHTS 1. The ASSOCIATION shall have the right to present its views to the CITY either orally or in writing. 2. A representative of the ASSOCIATION shall, at a Police Officer's request, be allowed to be present for the purpose of representation in processing grievances, internal investigations, and disciplinary interviews 5 and hearings. The ASSOCIATION representative will be held to the same standard of confidentiality in these matters as the CITY. 3. A Police Officer shall be granted a reasonable amount of time to obtain representation, if they request, prior to any such internal investigation, or disciplinary interview, or hearing, without threat of disciplinary action. 4. An ASSOCIATION representative may not delay, interfere with, or otherwise obstruct any lawful investigation, conducted by the CITY in compliance with the terms and conditions set forth in Article XVI of this MEMORANDUM. 5. The opportunity of the ASSOCIATIONS's representative to be present does not apply to informal, routine, or unplanned discussions between a Police Officer and his or her immediate supervisor. 6. The ASSOCIATION accepts the responsibility for, and agrees to represent in good faith, the interests of all Police Officers in the UNIT without discrimination and without regard to membership in the ASSOCIATION. The method and means of such representation in the fulfillment of this paragraph shall be determined by the ASSOCIATION. 7. The CITY agrees to recognize the officers and duly designated representatives of the ASSOCIATION. The ASSOCIATION agrees to keep the CITY advised, in writing, of its officers and ASSOCIATION representatives. There shall be no more than sixteen (16) ASSOCIATION representatives. The names of the ASSOCIATION representatives will be posted by the ASSOCIATION on appropriate bulletin boards in the work location. 8. The duly designated ASSOCIATION representatives shall, upon proper notification to their immediate supervisors be allowed a reasonable opportunity, during working hours, for the purpose of investigating and adjusting 6 grievances, but in no event shall such activity exceed two hours per week, unless otherwise approved by the Chief of Police. 9. It is agreed that internal ASSOCIATION business such as soliciting membership, collecting dues, electing officers, membership meetings, and posting and distributing literature will be conducted during the non -duty hours of the Police Officers with the sole exception of the following: (a) The ASSOCIATION President shall be allowed a reasonable period during working hours to conduct ASSOCIATION business not to exceed ten (10) hours per week, or as otherwise approved by the Chief. The ASSOCIATION President shall account for and maintain a record of the time used in accordance with this paragraph. (b) ASSOCIATION representatives shall be allowed a reasonable period during working hours to attend ASSOCIATION meetings or to participate in other ASSOCIATION business as necessary up to a maximum period of two hours per month, unless otherwise approved by the Chief of Police; provided however, that in all such cases, Police Officers involved will coordinate said time off with their direct supervisor; and further provided that no more than two ASSOCIATION representatives may be released from duty in any one division at one time. (c) ASSOCIATION officers and representatives shall be allowed time off with pay for the purpose of attending such conferences and conventions, which time off shall not exceed the total of seventy-two (72) working hours per fiscal year for the aggregate of all such ASSOCIATION officers and representatives. Such ASSOCIATION officers and representatives shall be allowed to use their available leave time to attend conventions and conferences. Such ASSOCIATION officers and representatives shall account for and maintain a 7 record of the time used in accordance with this paragraph. The ASSOCIATION officers and representatives involved will obtain prior permission from their immediate supervisors at the earliest opportunity to do so. Every effort shall be made to allow the ASSOCIATION officers and representatives to use said leave. 10. The CITY agrees to deduct monthly ASSOCIATION membership dues from the pay of those Police Officers who individually request in writing that such deductions be made. The CITY further agrees to cease deduction of such fees upon written request by the Police Officer. The CITY will notify the ASSOCIATION in writing of all requests for termination of dues deduction. 11. The CITY agrees to designate space in the Public Safety Building for ASSOCIATION bulletin boards. The bulletin boards shall be provided by the ASSOCIATION and installed by the CITY. The bulletin boards shall be installed in a central location, in convenient view, in each of the following locations: (a) the secure side of the main lobby, 1st floor; (b) the main hallway, 2nd floor; (c) the main hallway, 3rd floor; (d) the main hallway, 4th floor; (e) the main hallway, 6th floor; (f) any additional location mutually agreed upon by the ASSOCIATION and the CITY. 12. No materials which defame or degrade any individual or group, or are found to be obscene or unprofessional shall be posted. Police Officers may not post personal notices in any other areas without the express 8 permission of the Chief of Police or his designee. Notices posted on space allotted to the ASSOCIATION may include: (a) Notices of ASSOCIATION recreational and social affairs; (b) Notices of ASSOCIATION elections; (c) Notices of ASSOCIATION appointments and results of ASSOCIATION elections; (d) Notices of ASSOCIATION meetings and agenda; (e) Notices concerning bona fide ASSOCIATION activities such as cooperatives, credit unions and unemployment compensation information; and/or, (f) Other notices concerning ASSOCIATION affairs. There shall be no other general distribution, solicitations or posting by Police Officers of pamphlets, advertising or political matter, or any kind of literature or solicitations upon CITY property other than as herein provided. Nothing herein shall be construed to prohibit distribution of appropriate ASSOCIATION publications or notices as defined herein above to members of the bargaining UNIT on said boards or in the Police Officer's distribution box. ARTICLE IV. WAGES A. WAGE SCHEDULE 1. Effective July 1, 1997, Police Officers shall be paid monthly salaries biweekly in accordance with the wage schedule set forth in Appendix "A" of this MEMORANDUM, attached hereto and incorporated herein by reference. 9 2. Effective December 28,1997, Police Officers shall be paid monthly salaries biweekly in accordance with the wage schedule set forth in Appendix "B" of this MEMORANDUM, attached hereto and incorporated herein by reference. 3. Effective June 28, 1998, Police Officers shall be paid monthly salaries biweekly in accordance with the wage schedule set forth in Appendix "C" of this MEMORANDUM, attached hereto and incorporated herein by reference. 4. Effective December 27,1998 Police Officers shall be paid monthly salaries biweekly in accordance with the wage schedule set forth in Appendix "D" of this MEMORANDUM, attached hereto and incorporated herein by reference. 5. Effective July 1, 1997, Police Officers will be paid shift differential as follows: a. Police officers, whose shift begins from 0500 hours to 1159 hours, shall be paid in accordance with column "A" of the effective wage schedule (Appendicies "A","B", "C" or "D"). b. Police officers, whose shift begins from 1200 hours to 1859 hours, shall be paid in accordance with column "B" of the effective wage schedule (Appendicies "A","B", "C" or "D"). c. Police officers, whose shift begins from 1900 hours to 0459 hours, shall be paid in accordance with column "C" of the effective wage schedule (Appendicies "A","B", "C" or "D"). B. MERIT INCREASES 1. A Police Officer shall become eligible for merit increases beginning with the first pay period after completion of one year's continuous employment and shall be eligible for future merit increases on that anniversary date. Merit increases will be paid to 10 Police Officers in accordance with the wage schedules provided in this Article. 2. All merit increases shall be conditioned upon the eligible Police Officer's adequate length of service and satisfactory performance of job requirements as specified in the Police Officer's current Performance Rating Report or comparable supervisory report. C. CAREER PATH Effective July 1, 1997, $105,000 will be available to be distributed to Police Officers based on the terms and conditions agreed to by the CITY and the ASSOCIATION regarding a career path skill incentive program. Effective July 1, 1998, $105,000, will be available to be distributed to Police Officers based on the terms and conditions agreed to by the CITY and the ASSOCIATION regarding a career path skill incentive program. D. LONGEVITY PAY 1. Police Officers will be provided longevity pay according to the following schedule: (a) At the beginning of the seventh (7th) year of uninterrupted years of service, a Police Officer shall receive a total monthly longevity benefit in the sum of fifty dollars ($50.00). (b) At the beginning of the eleventh (11th) year of uninterrupted years of service, a Police Officer shall receive a total monthly longevity benefit in the sum of seventy-five dollars ($75.00). (c) At the beginning of the seventeenth (17th) year of uninterrupted years of service, a Police Officer shall receive a total monthly longevity benefit in the sum of one hundred dollars ($100.00). 11 2. The computation of longevity shall be based on the most recent date the Police Officer became a full-time salaried CITY employee. E. YEARS OF SERVICE For purposes of the salary schedules, it is understood Police Officers have an anniversary date relating to the date they were hired by the Police Department. should reflect uninterrupted years of service. who take voluntary leave of absence shall have the leave from their "years of service". A. ARTICLE V. HOURS OF SERVICE AND OVERTIME HOURS OF SERVICE that actual Anniversary dates Police Officers deducted The Fair Labor Standards Act of 1938, as amended, and the regulations promulgated thereto (hereinafter referred to as the "Act"), shall govern compensable hours of work, payment of overtime, and all matters pertaining to the same, except as specifically enhanced by the MEMORANDUM. If any provision of the MEMORANDUM is not in compliance with the Act, the Act shall govern, and only the terms not in compliance will be deemed void. Except for the terms deemed void as stated herein, the MEMORANDUM shall remain in full force and effect. 1. The normal work week, regardless of shift arrangements, will be forty (40) hours of work. This clause shall not be construed to limit or prevent the CITY from changing or establishing work shifts as the need arises or to guarantee Police Officers forty (40) hours work per week. 2. Regular days off shall not be altered to meet one-time needs, however shift hours may be changed to meet those needs. Regular days off may be changed to meet the needs of regularly scheduled events, such as annual parades, conferences, special holidays which require 12 extra coverage, etc, so long as the Police Officer receives notice at least fourteen (14) calendar days prior to the event. 3. Each Police Officer shall be provided sixty (60) minutes of break time during each work shift; however, said break time shall be taken in accordance with operational needs of the department. There shall be no additional compensation to Police Officers who forego such break time. 4. Breaks as defined in (3) above shall be taken in accordance with the following guidelines: (a) If the Public Safety Dispatch office is not holding any priority 1 or 2 calls (as defined by department policy), Police Officers may check out for one sixty (60) minute break. No more than 1/3 of the total Police Officers assigned to and working in the field for that particular shift may be on a break at any one time. (b) The Shift Supervisor, or Watch Commander if the Supervisor is not available, may authorize additional police officers to be on a break when conditions allow. (c) Police Officers will remain in radio contact with the dispatch office while on breaks/lunch, and may be required to respond to calls under exigent circumstances. (d) Calling Police Officers out of a break to respond to calls will be coordinated by the shift supervisor, who will determine the most expeditious method of responding under the circumstances. (e) The shift supervisor may suspend breaks under exigent circumstances. 13 B. OVERTIME COMPENSATION 1. In order for a Police Officer to receive compensation for time worked in excess of forty (40) hours per week, the Police Officer must have prior approval from their supervisor to perform such work. Time worked which is required by the CITY is deemed to have received prior approval. 2. Police Officers required to perform work in excess of forty (40) hours per week shall be compensated by pay at one and one-half times their regular rate of pay. The Police Officer may request compensatory time off in lieu of pay for overtime, and such compensatory time may be allowed subject to approval of the Division Commander; provided, however, the determination of whether to award pay or compensatory time off to Police Officers who work in excess of forty (40) hours per week while working in the Special Investigations Unit (as defined by departmental policy), shall be at the discretion of the CITY, except, however, that said Police Officers may indicate a preference for the form of overtime payment contingent upon approval by the Chief of Police, scheduling requirements, and availability of funds. 3. A Police Officer shall not accrue more than 120 hours of compensatory time (or 80 hours of actual overtime worked). Any Police Officer who has accrued 120 hours of compensatory time off, shall, for additional overtime hours worked, be compensated with pay at one and one half times the Police Officer's regular rate of pay. 4. When time off from employment is allowed as compensation for overtime, such time off shall be granted within sixty (60) days from the date overtime work was performed, or upon express approval of a division head, during a period not to exceed twelve (12) months from the performance of overtime work. 14 5. Accrued compensatory time will not be revoked or forfeited. Accrued compensatory time will remain credited to a Police Officer until such compensatory time is either used by the officer or purchased by the CITY. Provided, however, that if a Police Officer has more than forty (40) hours of accrued compensatory time, any paid leave used by the Police Officer thereafter shall be presumed to be accrued compensatory time rather than vacation, holidays, or other paid leave. C. COMPENSATION FOR COURT APPEARANCE 1. A Police Officer shall be entitled to receive compensation for a court appearance as a witness subpoenaed by the CITY, the State of Utah, or the United States as follows: (a) Court appearances made while on -duty shall constitute normal hours of work. (b) In the event a court appearance extends beyond the end of a Police Officer's regularly scheduled shift, such time spent in court will be treated as normal work time for the purpose of computing a Police Officer's overtime compensation. (c) Court appearances made while off -duty will be compensated as follows: (1) Police Officers shall be paid at the rate of one and one-half times their regular rate of pay for two (2) hours of time spent while off -duty for preparation in conjunction with such court appearances; provided, however, that no Police Officer is authorized to, and shall not spend in excess of two (2) hours while off -duty in preparation for a court appearance. (2) In addition to the compensation provided in (1) above, Police Officers shall be paid at 15 the rate of one and one-half times their regular rate of pay for the actual time spent in court. (3) In the event the time spent in court extends into the beginning of the Police Officer's regularly scheduled work shift, time spent in court shall be deemed ended at the time such shift is scheduled to begin. 2. Compensation shall be provided by authority of this section only if: (a) The beginning time of the required appearance is noted on the subpoena; (b) The time the Police Officer is released from the court appearance is noted on the subpoena and initialed by the prosecuting attorney; (c) A copy of the Police Officer's subpoena complying herewith is delivered to their supervisor within seven (7) working days following the court appearance. 3. Compensation for preparation time shall be providedfor more than one appearance per day, only if any additional court appearance is scheduled to begin at least two (2) hours after the Police Officer is released from any prior court appearance. 4. The prosecuting attorney shall have the right and the duty to refuse to initial the subpoena of any Police Officer who through absence or neglect fails to appear in compliance with the terms of the subpoena. Any Police Officer failing to appear in compliance with the terms of a formal notice or subpoena shall be subject to disciplinary action. 16 D. TRAINING Police Officers will be compensated as follows for time spent in required training courses: 1. Time spent in training while on -duty will be considered normal work time. 2. The CITY will provide forty (40) hours of inservice training to each Police Officer, as required by the State of Utah, Division of Peace Officers Standards and Training (P.O.S.T.), on an on -duty basis. The CITY will provide this training either during the Police Officer's regularly scheduled shift, or by adjusting the Police Officer's shift so that the training will be on an on -duty basis. 3. Time spent in training while off -duty, in fulfillment of the P.O.S.T. requirement, shall not constitute normal work time. Police Officers attending such training on an off -duty basis shall receive no compensation. 4. Time spent in required training while off -duty, after the Police Officer has met the P.O.S.T. training requirement, will be treated as normal work time for the purposes of computing such Police Officer's overtime compensation. E. MISCELLANEOUS WORK TIME Other compensable hours of work as defined by the Act shall be counted as normal work time for the purposes of computing the Police Officer's overtime compensation. Such time may include, but is not limited to extraditions, required medical or psychological examinations, or internal investigations. F. OVERTIME ADMINISTRATION The administration of any necessary overtime work is solely a function of management. 17 G. CALLOUT Police Officers, who have been released from their normally scheduled work shifts and have been directed to return to work by an appropriate division head or designated representative without at least 24 hours advance notice or scheduling, shall be compensated as provided in subparagraphs (1) and (2) below, whichever is greater: 1. A minimum of four (4) hours compensation, at one and one half times their regular rate of pay on such occasions as they actually report to work or; 2. One and one half times their regular rate of pay for actual hours worked. H. EXTRA -DUTY SHIFTS 1. For the purposes of this Article V, "extra -duty shifts" are defined as scheduled or unscheduled hours worked other than the Police Officer's normally scheduled work shifts. "Extra -duty shifts" do not include extension or carry over of the Police Officer's normally scheduled work shift. 2. In the event Police Officers are required by the CITY to work extra -duty shifts, time worked during each shift will be paid at one and one half times the Police Officers' regular rate of pay. I. PARKING METER COLLECTION Police Officers who perform parking meter collection for the CITY in addition to their normal duties, will be paid a minimum of four (4) hours per shift at one and one half times their regular rate of pay. Police Officers who prepare and make the deposit shall be paid for an additional one half hour per shift at one and one half times their regular rate of pay. The CITY maintains the right to have this work performed in any manner it deems appropriate. 18 J. SENIORITY Departmental seniority as a sworn officer will be the criterion for bidding on shifts, days off and, where applicable, specific patrol districts or Division work assignments when a conflict does not exist with departmental policy or operating efficiency. ARTICLE VI. HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holiday for all Police Officers. Police Officers shall receive their regular rate of pay for each of the following unworked holidays: 1. The first day of January, called New Year's Day; 2. The 3rd Monday of January, observed as Human Rights Day; 3. The third Monday of February, observed as Presidents Day; 4. The last Monday of May, called Memorial Day; 5. The fourth day of July, called Independence Day; 6. The twenty-fourth day of July, called Pioneer Day; 7. The first Monday in September, known as Labor Day; 8. The second Monday of October, known as Columbus Day; 9. The eleventh day of November, known as Veteran's Day; 10. The fourth Thursday in November, known as Thanksgiving Day; and 11. The twenty-fifth day of December, called Christmas. 19 12. One personal holiday can be taken upon request of the Police Officer at the discretion of the supervisor. Police Officers are eligible for this holiday only after satisfactorily completing their initial probationary period. B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or City Council. C. HOLIDAY WORK The CITY and ASSOCIATION agree that due to the variety of shifts and schedules worked by Police Officers, compensation for holidays worked will be as follows: 1. When a day designated as a holiday falls on a Police Officer's normal work day, the Police Officer shall receive their regular rate of pay for such days worked, and may designate an alternate day off work to celebrate the holiday. The alternate day must fall within one calendar year following the holiday worked. 2. When a day designated as a holiday falls on a Police Officer's regular day off, the Police Officer may designate an alternate day off work to celebrate the holiday. The alternate day must fall within one calendar year following the holiday. 3. Police Officers, who by virtue of their assignment are ordinarily off work on days designated as holidays (e.g. detectives, youth, S.I.D.), but are required to work on a designated holiday, may elect one of the following options for compensation: 20 (a) The Police Officer may elect to be compensated as per subsection (1) above, or (b) The Police Officer may elect to use the designated holiday time, plus be compensated at the rate of one and onehalf times their regular rate of pay for hours actually worked on said holiday. 4. Police Officers, who by virtue of their assignment are ordinarily off work on days designated as holidays (e.g. detectives, youth, S.I.D.), may elect to work the holiday and be compensated as provided in subparagraph C (1) above. D. HOLIDAY PAY LIMITATION Police Officers must work or be on authorized leave their last scheduled working hours before and the next scheduled working day following the holiday to qualify for holiday compensation. Police Officers terminating the day before or after a holiday shall not be compensated hereunder. ARTICLE VII. VACATIONS A. VACATIONS AUTHORIZED Police Officers shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article. B. VACATION SCHEDULE 1. VACATIONS FOR FIRST NINE (9) YEARS OF FULL-TIME EMPLOYMENT Police Officers shall earn a vacation period of 3.69 hours per biweekly pay period from the date of full-time employment; provided, further, that no Police Officer shall be entitled to any vacation, unless they 21 have completed six (6) months of full-time employment with the CITY. 2. VACATION DURING TENTH (10TH) YEAR OF FULL TIME EMPLOYMENT Police Officers who have completed nine (9) cumulative full years of employment in accordance with the Seniority Article of this MEMORANDUM with the CITY shall earn a vacation equal to 5.23 hours per biweekly pay period from the date of their tenth (loth) anniversary date of cumulative employment. 3. VACATION DURING FIFTEENTH (15TH) YEAR OF EMPLOYMENT Police Officers who have completed fourteen (14) cumulative years in accordance with the Seniority Article of this MEMORANDUM with the CITY shall earn a vacation equal to 6.77 hours per biweekly pay period from the date of their fifteenth (15th) anniversary date of cumulative employment. C. RULES FOR TAKING VACATION 1. All vacations are to be taken as directed by the head of each Division at such time as it would be most advantageous to the efficient operations of that Division. However, in the assignment of vacation periods: (a) The Police Officers with the most uninterrupted seniority as a sworn officer with the department shall be given first consideration for vacation requests submitted prior to March 15. Requests made thereafter shall be approved on a first -come first -served basis; and (b) Annual vacation requests submitted prior to March 15 will be requested in blocks of 40 or more working hours. 22 (c) Vacation periods may be divided into two or more separate periods as are deemed necessary by the Division head or as requested by the Police Officer and approved by the Division head. 2. Police Officers may accumulate vacation (including both earned vacation and sick leave conversion time), according to the length of their full-time cumulative years of employment with the CITY up to the following maximum limits: (a) After 6 months - up to 200 hours; (b) After 9 years - up to 240 hours; (c) After 14 years - up to 280 hours. 3. Any vacation earned or accrued beyond said maximum shall be deemed forfeited unless utilized prior to the end of the calendar year in which such maximum has been accrued. On petition of the Police Officer, the Chief of Police may allow a Police Officer to accumulate vacation earned in excess of the maximum limits provided in this subparagraph (2), if the Chief determines that the Police Officer was unable to use vacation due to circumstances beyond the Police Officer's control. 4. Except upon termination as provided in Section D, or purchase as provided in Section E, no Police Officer shall be entitled to be paid for vacation earned but not taken. D. VACATION AND TERMINATION BENEFITS UPON TERMINATION 1. Every Police Officer whose employment is terminated by resignation or otherwise shall be entitled to be paid for: (a) All earned vacation time accrued, unused, unforfeited and lawfully forwarded from previous years, plus 23 (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of employment during which the termination shall occur. 2. However, the foregoing provisions of subsection VII D(1) notwithstanding, no Police Officer shall be entitled to any termination benefit or payment for any vacation time which has not been vested, accrued, unforfeited and unused and shall not be entitled to any payment or termination benefit: (a) Until a Police Officer has completed six (6) months of full-time employment with the CITY; or (b) If any resigning Police Officer fails to give at least ten (10) working days prior written notice to his or her Division head of his or her contemplated resignation. E. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE 1. The Mayor may purchase up to, but not exceeding, 80 hours of earned and accrued vacation time, to which a Police Officer is entitled as authorized in this article, with the consent of said Police Officer and upon the favorable written recommendation of the Police Officer's Division head. 2. Said purchase of accrued vacation time may be authorized, in the sole, exclusive and absolute discretion of the Mayor when, in his or her judgment, it is demonstrated that: (a) Vacation time is accrued and earned in accordance with this MEMORANDUM; (b) The cash payment in lieu of vacation time use will not interfere with a Police Officer performance or create an unreasonable hardship on said Police Officer or Police Officer's family; 24 (c) There is a demonstrated need for the CITY to retain the services of the Police Officer for the said vacation time; (d) There are sufficient monies in the departmental budget to pay for the vacation time as certified by the CITY's Finance Director without disturbing or interfering with the delivery of CITY services; and (e) The Police Officer consents voluntarily to the cash payment in lieu of time off from his or her regular work schedule. 3. The foregoing notwithstanding, under no circumstances may the CITY purchase more than 80 hours of said earned but unused vacation time from a single Police Officer. 4. The amount to be paid for any such purchase of vacation time as provided herein shall be based on the wage or salary rate of the said Police Officer at the date of approval by the CITY. However, under no circumstances shall any overtime compensation be paid, computed or accrued by virtue of the CITY authorizing a Police Officer to work a vacation period and receive cash payment therefor in lieu of use. 5. The CITY will extend a diligent effort to provide every Police Officer his or her earned annual vacation and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchase by the CITY shall be considered to be an extraordinary circumstance and not a fringe benefit of the Police Officer. 25 ARTICLE VIII. SICK LEAVE AND HOSPITALIZATION BENEFIT A. SICK LEAVE POLICY AND PROCEDURES 1. Sick leave shall be provided for Police Officers , as insurance against loss of income when a Police Officer is unable to perform assigned duties because of illness or injury. 2. Police Officers shall be entitled to 96 hours of sick leave each calendar year. Sick leave will be granted in a lump sum during the first month of each calendar year. Sick leave will be granted on this basis if, for the prior year, the UNIT's average sick leave does not exceed the CITY's average sick leave. If the UNIT average sick leave exceeds the CITY's average, then each Police Officer in the UNIT shall earn 8 hours of sick leave for each full month during any given year. 3. Police Officers who have used less than the CITY average as computed on December 31 of each year shall be awarded an additional 24 sick leave hours as of January 1, of the year after. 4. No Police Officer shall be entitled to the foregoing sickleave until they have completed six (6) months of continuous employment with the CITY. 5. Police Officers absent from work on account of illness or injury shall report intended absence to their Division head or supervisor as soon as practical, but no later than fifteen (15) minutes after commencement of the Police Officer's duty shift unless justified by emergency circumstances. 6. Sick leave in excess of 16 hours for any one illness shall be documented by a written certification from a licensed practicing and attending physician, that during the period of leave, the Police Officer was prevented by illness from discharging the duties 26 required by his or her office or position of employment. Such certification shall also be required of any Police Officer claiming sick leave benefits for an absence not reported in compliance with subsection (5) hereof or at such other times at which verification is requested by a supervisor or department head. 7. The following disciplinary action shall be deemed mandatory for abuse or neglect of sick leave privileges or procedures, except where the Police Officer demonstrates justifiable excuse to the department head: (a) For failure to timely report absence from work as required in subsection (5) of this section, a minimum of four hours suspension without pay. (b) For all other abuses of sick leave privileges, a minimum automatic 40 hour suspension without pay, together with such further disciplinary measures, including suspension or dismissal, as may be deemed appropriate by the Chief of Police. B. ACCUMULATION OF SICK LEAVE Authorized and unused sick leave may be accumulated from year to year. C. SICK LEAVE CONVERSION TO VACATION TIME Any Police Officer who has accumulated to his credit 240 sick leave hours may choose to convert a portion of the yearly sick -leave grant for any given year to vacation under and subject to the following provisions: For employees working 8 hour shifts: No. of sick leave No. of sick leave hours used during hours available for previous calendar year conversion 0 8 40 32 27 16 24 24 16 32 8 40 0 For employees working 10 hour shifts: No. of sick leave No. of sick leave hours used during hours available for previous calendar year conversion 0 40 10 32 20 24 30 16 40 8 50 0 D. SICK LEAVE CREDIT FORWARD The balance of the sick -leave hours not converted to vacation as permitted above, less the number of hours used during that calendar year as sick leave hours, shall be carried forward as accumulated sick leave. E. NOTIFICATION OF ELECTION Any election by a Police Officer to convert any sick leave to vacation time must be made by notifying the Department of Human Resource Management of the CITY, in writing, on or before January 31 of each year; otherwise, no conversion will be allowed for that calendar year and such conversion privilege shall be deemed waived for that calendar year. In no event shall sick leave be converted for other than the immediately preceding year's sick leave allocation. F. PRESUMPTION OF USE Any sick leave hours properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other hour of vacation time to which the Police Officer is entitled; provided, however, that in no event shall any sick leave hours 28 converted to vacation be entitled to any pay or compensation upon a Police Officer's termination. Any sick leave hours converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the Police Officer. G. RETIREMENT BENEFITS 1. At retirement, a Police Officer (or the Police Officer's estate where death follows retirement but precedes payment) shall be eligible for a retirement benefit as stipulated in Salt Lake City Ordinance No. 6 of 1989. Police Officers who retire under the eligibility requirements of the Utah State Retirement system and are not eligible under the above referenced order shall be paid in cash, at their then current pay scale, a sum equal to their daily rate of pay for 25 percent (25%) of the accumulated sick leave days reserved for the benefit of said Police Officers at the date of their retirement or 50 days of full pay (whichever is less). 2. In lieu of the above, Police Officer may elect to convert the sick leave conversion privilege to hospital and surgical coverage. 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. A Police Officer's available dollar allowance determines the number of months of medical and surgical coverage which may be purchased. If insurance costs go up due to group experience, the number of months of coverage will decrease. H. HOSPITALIZATION In addition to the sick leave authorized hereunder, Police Officers shall be entitled to thirty (30) shifts of hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such Police Officer is actually confined to a hospital, or using an outpatient 29 or other acceptable facility with the approval of Human Resource Management. Police Officers requesting such leave shall comply with the CITY's cost containment policy as set forth by Human Resource Management. I. RECOVERY OF SICK LEAVE AND HOSPITAL BENEFITS A Police Officer shall be entitled to receive sick leave or hospitalization leave benefits for illness, injuries or disability resulting from accidents arising out of or in the course of his or her employment for an employer other than the CITY. Provided, however, that as a condition of granting such leave, the CITY may require that it be subrogated to the Police Officer's rights of recovery against any person or organization associated with such injury. The CITY shall have the exclusive right to decide whether to require subrogation and/or seek recovery; provided, however, that full recovery by and reimbursement to the CITY of all medical and leave costs, shall have the effect of re -vesting with the Police Officer all sick leave and hospitalization leave entitlements exhausted as a result of such injury. J. REGULAR SALARY TO BE CONTINUED Police Officers who take authorized sick leave or authorized hospitalization leave shall continue to receive their regular salary during their absence from work for the periods set forth in this Article VIII. K. DISABILITY COMPENSATION Police Officers shall receive disability compensation pursuant to the Utah Public Employee's Disability Act Sections 49-9-101 et seq. of the Utah Code Annotated as interpreted by the Utah State Retirement Board. L. INJURY LEAVE The CITY shall establish rules and procedures for administration of an injury leave program (supplemental to regular sick leave benefits) for Police Officers, under the following qualifications and restrictions: 30 1. The disability must have resulted from a documented injury arising out of the discharge of official police duties and/or while exercising some form of necessary law enforcement authority as determined by the Chief of Police. 2. The Police Officer must be unable to return to work due to the injury as verified by a licensed physician acceptable to the CITY; 3. The leave benefit must not exceed the value of the Police Officer's net salary during the period of absence due to the injury, less all amounts paid or credited to the Police Officer as worker's compensation, social security, long term disability, or retirement benefits, or any form of governmental relief whatsoever; 4. The aggregate value of benefits provided to Police Officers under this injury leave program shall not exceed the total of $5000, unless approved in writing by the Mayor for extraordinary reasons or circumstances; and 5. The CITY's Risk Manager shall be principally responsible for the review of injury leave claims, provided that appeals from the decision of the Risk Manager may be reviewed by the Director of the Department of Human Resource Management who may make recommendations to the Mayor for final decision. 6. If a Police Officer is eligible for worker's compensation as provided by law; and is not receiving injury leave pursuant to this provision, said Police Officer may elect in writing to the Director of Human Resource Management to use accumulated sick leave and authorized vacation time to supplement the Police Officer's worker's compensation not to exceed the employee's net salary. 31 7. "Net salary" for purposes of this provision shall mean gross compensation less federal and state income tax and FICA withholdings. ARTICLE IX. LEAVES OF ABSENCE A. FUNERAL LEAVE 1. Time off with pay will be granted a Police Officer who suffers the loss of a wife, husband, child, stepchild, mother, father, stepmother, stepfather, sister, brother, father-in-law, mother-in-law, grandchild, grandfather, or grandmother. In the event of death in any of these instances, the Police Officer will be paid the regular base pay for scheduled work time from the time of death through the day of the funeral. Police Officers will be permitted one additional day of funeral leave, on the day following the funeral, if the funeral or burial is held more than 150 miles distant from Salt Lake City and if the day following the funeral is a normal working day. Satisfactory proof of such death, together with the date thereof and the date and location of the funeral and burial, must be furnished by the Police Officer to his or her Division head. 2. In the event of death of relatives other than those enumerated in subsection 1, a Police Officer will be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed one shift. 3. In the event of death of friends, a Police Officer may be granted time off without pay while attending the funeral services for such persons, not to exceed 1/2 shift, subject to the approval of his or her immediate supervisor. 4. Time off under this paragraph shall not be included as time worked in the computation of overtime pay. 32 5. In the event the death of any member of the immediate family as set forth in subsection 1 occurs while a Police Officer is on vacation, his or her vacation will be extended by the amount of time authorized as funeral leave under said paragraph. 6. The provisions of this paragraph shall not be applicable to Police Officers who are on leave of absence. B. LEAVE OF ABSENCE OF POLICE OFFICERS WHO ENTER MILITARY SERVICE 1. A Police Officer who enlists or is called or inducted into and enters active service in the Utah State National Guard or any branch of the federal military, naval or marine service shall be entitled to absent himself/herself from his or her duties and service from the CITY without pay as required by state and federal law. 2. A Police Officer who is a member of a reserve component of the armed forces of the United States, and who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence, but for no more than five years, according to §39-1-36 of the Utah Code Annotated. The CITY shall comply with all state and federal laws governing such leaves for military service. C. LEAVE WHILE ON ANNUAL ENCAMPMENT 1. All Police Officers who are or shall become members of the organized reserves of the United States Army, Navy, Air Force and Marines or any unit of the Utah National Guard shall be allowed full pay for all time not in excess of fifteen (15) consecutive calendar days per year spent on duty at annual encampment in connection with the reserve training and instruction requirements 33 of the Army, Navy, Air Force and Marines of the United States. This leave shall be in addition to annual vacation leave with pay. 2. Police Officers who provide documentation to the CITY indicating that their military unit does not participate in annual encampment, but instead provides reserve training on a periodic basis throughout the year in lieu of annual encampment, shall be allowed full pay for all time not in excess of eighty-eight (88) working hours per year spent in such training. D. LEAVE FOR JURY DUTY Police Officers shall be entitled to receive and retain statutory juror's fees paid for jury service in the District and Federal Courts. No reduction in a Police Officer's salary shall be made for absence from work resulting from such jury service. On those days that a Police Officer is required to report for jury service and is thereafter excused from such service during his or her regular working hours for the CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. Failure to so return to work shall result in the forfeiture of that day's pay by such Police Officer. E. DEPENDENT LEAVE 1. Dependent leave of absence may be requested by a Police Officer for the following reasons: (a) Becoming a parent through birth or adoption of a child or children. (b) Due to the hospitalization of a Police Officer's child, parent, or spouse. (c) To care for a Police Officer's ill or injured child, spouse or parent. 2. The following provisions apply to the use of dependent leave: 34 (a) Dependent leave may be granted with pay on a straight time basis for a period not to exceed 40 working hours commencing either (1) from the date of birth of the child or (2) from the date the child commences residence with the Police Officer or (3) from the date the child, parent, or spouse becomes ill, injured, or hospitalized; provided however, in case of a child, the child must be a dependent child and must be permanently placed with the Police Officer. Marriage to a spouse with a child or children shall not be grounds for leave granted under this paragraph, even if adoption is then or subsequently considered, and no leave shall be permitted for a child in the custody of a Police Officer's spouse prior to the marriage of that spouse to the Police Officer. (b) The Police Officer has accumulated and has available unused sick leave. Under no circumstances shall the Police Officer be entitled to use as dependent leave more than forty (40) hours in a calendar year. (c) The Police Officer gives notice to his or her supervisor as soon as possible under the circumstances. (d) The Police Officer provides, upon request by a supervisor, certification of birth, evidence of a child placement for adoption, or a letter from the attending physician in the event of dependent hospitalization, within five (5) calendar days following termination of such leave. (e) A Police Officer's sick leave shall be reduced by the number of hours taken as dependent leave under this paragraph provided, however, use of dependent leave will not affect the sick leave conversion option as outlined in Article VIII.C. Probationary Police Officers are not eligible for dependent leave. 35 F. ADDITIONAL LEAVES OF ABSENCE Police Officers shall be eligible for additional leaves of absence, without compensation for reasonable purposes at the discretion of the CITY. ARTICLE X. EDUCATIONAL INCENTIVE PAY, UNIFORM, AUTOMOBILE, AND TRAVEL ALLOWANCES A. EDUCATIONAL INCENTIVE PAY 1. In addition to the salaries herein provided, Police Officers who have completed all required basic training courses and probationary periods, shall be entitled to the following monthly allowances according to the educational degree held by such officers: (a) Doctorate (b) Masters (c) Bachelors (d) Associate $100.00 per month 75.00 per month 50.00 per month 35.00 per month 2. A Police Officer shall be eligible for incentive pay hereunder following submission of his or her diploma evidencing completion of degree requirements at a fully accredited college or university to the Chief of Police. 3. The foregoing notwithstanding, no Police Officer shall be entitled to compensation under this subsection for an educational degree which qualifies the Police Officer for his or her position of employment; or for any degree which is not specifically related to the Police Officer's actual employment duties as determined by the CITY upon recommendation of the Chief of Police. 36 4. For the purposes of this subsection, degrees in the following shall be presumed to be job related: (a) Business (b) Pharmacy (c) Health (d) Public Administration (e) Law (f) Social and Behavioral Science (g) Medicine (h) Social Work (i) Nursing B. UNIFORM ALLOWANCE 1. Police Officers in uniform assignments, as determined by their Division Commander, shall be provided two (2) uniform shirts and two (2) uniform trousers per fiscal year. 2. A Police Officer may elect to substitute the purchase of other authorized uniform items in place of that provided in subparagraph (1) above, as per Department policy. A Police Officer may, in addition to the uniform items provided in subparagraph (1) above, purchase other authorized uniform items up to $100.00 per fiscal year. 3. The CITY shall provide for the cleaning of uniforms as described in Department policy. 4. Police Officers in plainclothes assignments, as determined by their Division Commander, shall be 37 provided a clothing allowance of $32.00 per pay period. C. K-9 SQUAD ALLOWANCE Police Officers assigned to the K-9 squad will be compensated as follows: 1. Police Officers shall be provided with ten (10) hours per month included in their regular work shift to care for the police service dog. 2. Police Officers shall be provided ten (10) hours per month while off duty, at the rate of one and one half times their regular rate of pay, to care for the police service dog. No more than ten (10) hours per month shall be spent off duty to care for the police service dog. D. AUTOMOBILE ALLOWANCE Police Officers who are authorized to use and who do use privately -owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of twenty five cents per mile for each mile actually traveled in official CITY business. Before payment is made to any Police Officer pursuant to the terms of this subsection, the use of the automobile must be authorized and the mileage traveled must be verified by the head of the Division involved. E. TRAVEL ALLOWANCE 1. Police Officers required to travel overnight away from home on official CITY business shall be entitled to the following expenses: (a) Meals. A per diem meal allowance not to exceed $26 for each full day or a majority thereof during which the Police Officer is absent from the CITY. If actual costs exceed this amount, the actual 38 amount will be reimbursed only upon presentation of proper documentation. (b) Lodging. Actual cost of lodging outside the CITY pursuant to CITY policy. (c) Travel. Actual cost to include taxi, bus, airlines train or automobile. Where alternative forms of travel are available such as personal automobile versus an airline, the CITY will reimburse the lesser amount unless an alternative amount is approved in advance by the Office of the Mayor. 2. Within seven calendar days from the Police Officer's return, each such Police Officer must complete and submit to the CITY's Finance Director a travel statement for settlement. The Finance Director shall determine all costs attributed to the CITY -related business for which money was advanced and/or reimbursement is requested. 3. Such travel settlement shall require receipts for the following: (a) Airline travel; (b) Cost of lodging; (c) Receipts for individual meals exceeding $26 per day where reimbursement is requested in excess of per diem. (d) A registration receipt where a convention or conference has been attended. 4. It is the CITY's intention that the travel reimbursement policy herein established is to reimburse the Police Officer actual out-of-pocket costs and expenses while attending to CITY business. 39 ARTICLE XI. INSURANCE A. The CITY will make available, life, accidental death and dismemberment, dental, and health insurance to all Police Officers covered under this MEMORANDUM, upon the terms and conditions as may be from time to time determined by the CITY. B. The amount which the CITY will contribute to the Police Officer's insurance, and the premium paid by the Police Officer during fiscal year 1995-1996 is set forth in Appendix "E" attached. During fiscal year 1998-99, the CITY shall contribute to the Police Officer's insurance upon the terms and conditions the CITY is providing to employees in all other Certified Bargaining Units during said year. C. A premium payment shall be deducted biweekly consistent with the pay periods. D. The CITY will make available an Employee Assistance Program which will provide counseling by an outside confidential firm which includes drug abuse, alcoholism, and marriage counseling. ARTICLE XII. PENSION PLAN CONTRIBUTION A. For Police Officers who are not enrolled in the Public Safety Non -Contributory Retirement System as described in subparagraphs B and C herein, the CITY agrees to pay to the Utah State Retirement Fund the employer's share as required by the Public Safety Retirement Act, sections 49-4-103 et seq., Utah Code Annotated, and the percent of said Police Officer's share the CITY is paying on the date of execution of this MEMORANDUM. The Police Officer's share described in this paragraph paid by the CITY shall not change unless mandated by Utah law. B. The CITY agrees to participate in the Utah State Public Safety Non -Contributory Retirement System as defined in Sections 49-4a-101 et seq. of the Utah Code Annotated. 40 C. Police Officers who are enrolled in the Public Safety Non -Contributory Retirement System shall be governed by the terms and conditions of Sections 49-4a-101 et seq. of the Utah Code Annotated. ARTICLE XIII RESERVE OFFICERS A. EXCLUSION FROM MEMORANDUM Reserve Officers, as defined in police department policy, are excluded from the terms and conditions of this MEMORANDUM OF UNDERSTANDING. B. USE OF RESERVES 1. The CITY shall not use reserve officers in place of authorized full-time Police Officer positions in the police department. In the event the CITY reduces the number of full-time Police Officer positions it authorizes to be maintained in the police department, the number of authorized reserve officer positions shall be reduced by the same number. 2. The CITY may use reserve officers to perform any work that would normally be performed by full-time Police Officers, under the following conditions: (a) The CITY may use reserve officers to supplement police services, such as additional staffing for special events, traffic or crowd control, after such events or work details have first been offered to full-time Police Officers during an initial sign-up period. (b) If, after the initial sign-up period, there are work details that have not been filled voluntarily by full-time Police Officers, the CITY may assign reserve officers to those work details. 41 (c) The CITY may assign reserve officers to assist in work performed by full-time Police Officers. The allocation of full-time Police Officers to any assignment shall be made by the Chief of Police. (d) The CITY may use reserve officers as needed to assist with any circumstance in which there is an emergency call -out of police personnel. 3. A reserve officer may not be assigned to ride with a full-time Police Officer unless the Police Officer consents, unless the conditions in subparagraph 2(d) above exist. 4. The CITY shall not change any Public Safety dispatch procedure, protocol, or priority with regards to assigning calls to full-time Police Officers because of reserve officers. Any such change of assignment (e.g. the reduction of Police Officers assigned to a call, or the cancellation of back up Police Officers) shall be initiated by the full-time Police Officer in charge of the assignment. ARTICLE XIV GRIEVANCE PROCEDURE It is the intent of the CITY and the ASSOCIATION to adjust grievances, in a manner mutually satisfactory to the Police Officer, the ASSOCIATION and the CITY at the lowest possible level within the framework of existing laws and regulations. A. SCOPE OF GRIEVANCES This Article XIV provides a separate procedure for the resolution of each of the following categories of grievances: 1. Contractual grievances; 2. Disciplinary grievances. 42 3. Grievances on a sustained charge of misconduct when no disciplinary action is taken. B. GRIEVANCE PROCEDURE 1. Contractual Grievance (a) A contractual grievance is an allegation by the ASSOCIATION that the CITY has violated an express provision of this MEMORANDUM OF UNDERSTANDING, provided however, that Articles I, XV, XVI, XX, XXI, XXII, XXIII, and XXIV of this MEMORANDUM shall not be subject to the contractual grievance procedure. (b) A contractual grievance shall be confined exclusively to the interpretation and/or application of the express provisions of this MEMORANDUM except for the Articles described above. A contractual grievance shall not include disciplinary grievances or claims that procedures in Article XVI were violated. (c) The procedural steps for resolution of a contractual grievance shall be as follows: Step 1. The ASSOCIATION shall file a written grievance with the appropriate Division Commander within 30 calendar days after the event giving rise to the grievance or 30 calendar days after the ASSOCIATION should reasonably have learned of the event giving rise to the grievance, whichever is later. The Division Commander shall give a written answer to the ASSOCIATION within 15 calendar days after receipt of the grievance. Step 2. If the grievance is not settled at Step 1, the ASSOCIATION may, within 15 calendar days after receipt of the Division Commander's written answer, file a written appeal of the grievance with the Chief. Within 15 calendar days after 43 receipt of the written appeal, the Chief or designee shall answer the grievance in writing. Step 3. If the grievance is not settled at Step 2, the ASSOCIATION may, within 15 calendar days after receiving the Chief's decision, present the grievance to the CITY's contract administrator for review and investigation. The CITY's contract administrator shall submit a written decision to the Chief and the ASSOCIATION within 15 calendar days following receipt of the grievance. Step 4. If, after completion of steps 1 through 3, the grievance is not resolved, the ASSOCIATION may submit the contractual grievance to arbitration pursuant to Article XV. The decision of the arbitrator shall be final and binding. 2. Disciplinary Grievance (a) For the purposes of this MEMORANDUM, there are two categories of disciplinary grievances: 1. Those disciplinary actions taken by the CITY as a result of a sustained charge of misconduct that do not involve a loss of compensation, such as written adverse entries into a Police Officer's personnel file, including written reprimands, referred to in this MEMORANDUM as "Summary Discipline". For purposes of this MEMORANDUM, adverse annual merit evaluations shall also be defined as "Summary Discipline". 2. Those disciplinary actions taken by the CITY which result in a denial or postponement of a merit increase or a suspension without pay of 24 hours or less, referred to in this MEMORANDUM as "Punitive Discipline". (b) Disciplinary action taken by the CITY which results in a suspension of more than 24 hours or termination must 44 be appealed as provided by statute and Civil Service Rules and Regulations. (c) The procedural steps for resolution of a disciplinary grievance shall be as follows: 1. Summary Discipline a. A Police Officer may appeal summary discipline by filing a written request for appeal with the Chief's office within 10 calendar days from the date the Police Officer receives the summary discipline. b. The Chief or designee shall meet with the Police Officer to hear the appeal, and may conduct additional meetings or hearings as necessary to resolve the appeal. The Division Commander and Police Officer's representative may make a presentation to the Chief or designee in an effort to resolve the appeal. c. The Chief shall give the Police Officer a written decision within 45 calendar days of receiving the appeal. The Chief's decision is final and binding. 2. Punitive Discipline a. After the Chief has issued punitive discipline, a Police Officer may appeal the Chief's decision to arbitration as provided in Article XV herein. The decision of the arbitrator shall be final and binding. 3. Grievances On a Sustained Charge of Misconduct When No Disciplinary Action is Taken. (a) In the event the City sustains a charge of misconduct against a Police Officer, but takes no disciplinary action, the Police officer may appeal 45 the sustaining of the charge of misconduct by following the procedure provided herein. 1. A Police Officer may appeal a sustained charge of misconduct by filing a written request for appeal with the Chief's office within 10 calendar days from the date the Police Office is notified, in writing, that discipline will not be issued on a sustained charge of misconduct. 2. If the City does not provide the Police Officer notice, in writing, within the applicable time limits provided in Article XVI A.5. herein, the Police Officer may appeal the sustained charge of misconduct within 20 calendar days from the date said time limits expired. 3. The Chief or designee shall meet with the Police Officer to hear the appeal and may conduct additional meetings or hearings as necessary to resolve the appeal. The Division Commander and Police Officer's representative may make a presentation to the Chief or designee in an effort to resolve the appeal. 4. The Chief shall give the Police Officer a written decision within 45 calendar days of receiving the appeal. The Chief's decision is final and binding. C. GENERAL RULES. 1. The time limitations set forth in this Article XIV are of the essence. The CITY and the ASSOCIATION or the Police Officer (for disciplinary grievances) may mutually agree to extend the time limits in writing. No grievance shall be accepted by the CITY unless it is submitted or appealed from the time limits set forth in this Article XIV unless mutually agreed to in writing. 46 2. If the ASSOCIATION or Police Officer does not timely submit a grievance to the next step, the grievance shall be deemed to have been settled in accordance with the CITY's answer at the last step. If the CITY fails to answer within the time limits set forth in this Article XIV, the grievance shall automatically proceed to the next step. 3. Time spent by Police Officers in adjusting grievances and/or pursuing arbitration is not working time and shall not be compensated. However, if any review of a grievance is held during the Police Officer's normal working hours, the Police Officer will not suffer a loss in compensation. 4. A grievance shall be heard during the CITY's normal working hours. 5. A Police Officer may be accompanied by a representative of their choice at any step of the grievance process. 6. A Police Officer shall not be subjected to retaliation, punitive action or discrimination in any aspect of employment for the lawful exercise of the grievance procedure. 7. Only grievances expressly provided herein shall be subject to this grievance procedure. 8. When filing a contractual grievance, the ASSOCIATION shall state the basis for the grievance, the relevant facts, and the specific provision(s) of this MEMORANDUM the ASSOCIATION claims the CITY violated. No new claims may be made by the ASSOCIATION once the grievance has been filed except upon discovery of additional evidence relating to the grievance. 9. When filing a disciplinary grievance, a Police Officer shall state the basis for the appeal. No new basis for appeal may be made by a Police Officer except upon 47 discovery of additional evidence relating to the appeal. 10. Such additional evidence discovered in subparagraphs 8 and 9 above, shall be communicated to the CITY as soon as possible upon discovery. If the additional evidence is conveyed to the CITY within 10 calendar days from a scheduled hearing date, the hearing date shall be continued for 15 calendar days. ARTICLE XV ARBITRATION PROCEDURE A. SCOPE OF ARBITRATION 1. Contractual grievances and disciplinary grievances involving punitive discipline as defined in Article XIV of this MEMORANDUM OF UNDERSTANDING, that have been properly and timely processed through the grievance procedure set forth in Article XIV and that have not been settled at the conclusion thereof, may be appealed as provided in Article XIV, for arbitration by serving the CITY with a written notice of intent to appeal within 10 calendar days after receipt of a written decision from the Chief or the CITY's contract administrator. 2. The failure to serve the CITY with an intent to appeal to arbitration within 10 calendar days after receipt of a written decision from the Chief or the CITY's contract administrator shall constitute a waiver of the ASSOCIATION's right to appeal to arbitration and the written decision of the Chief or the CITY's contract administrator shall be final and binding on the aggrieved Police Officer, the ASSOCIATION and the CITY. B. SELECTION OF ARBITRATOR 1. Within 10 calendar days after the ASSOCIATION or the Police Officer (for punitive discipline) serves the CITY with written notice of intent to appeal a 48 grievance to arbitration, the CITY and the ASSOCIATION or the Police Officer shall jointly request the American Arbitration Association, the Federal Mediation and Conciliation Service or any other similar agency to furnish to the CITY and the ASSOCIATION or the Police Officer a list of seven (7) qualified and impartial arbitrators. Within 10 calendar days after receipt of that list by the CITY, the CITY and the ASSOCIATION or the Police Officer shall alternately strike names from the list, until only one name remains. The arbitrator whose name remains shall hear the grievance. 2. The CITY and the ASSOCIATION or the Police Officer may mutually agree to select another independent party other than those specified herein to arbitrate the grievance. C. ARBITRATOR'S JURISDICTION The jurisdiction and authority of the arbitrator and the arbitrator's opinion and award shall be confined exclusively as follows: 1. Contractual Grievances. (a) The arbitrator shall confine the decision exclusively to the interpretation and/or application of the express provisions of this MEMORANDUM OF UNDERSTANDING at issue between the ASSOCIATION and the CITY; provided, however, that the arbitrator shall not have jurisdiction to interpret or apply Articles I, XV, XVI, XX, XXI, XXII, XXIII, and XXIV of this MEMORANDUM OF UNDERSTANDING. (b) The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this MEMORANDUM OF UNDERSTANDING, to impose on either party a limitation or obligation not expressly provided for in this MEMORANDUM OF UNDERSTANDING; or to establish or alter any wage rate or wage structure. 49 (c) The arbitrator does not have jurisdiction to require the CITY to make or incur expenditures or encumbrances in excess of total appropriations for the Police Department budget as adopted by the CITY Council. (d) The arbitrator shall not hear or decide more than one grievance without the mutual consent of the ASSOCIATION and the CITY. (e) The arbitrator has the authority to resolve a dispute as to whether a matter is the proper subject for arbitration. 2. Grievances Involving punitive discipline. (a) The jurisdiction and authority of the arbitrator is confined exclusively to deciding whether the CITY had just cause to issue the discipline. (b) The arbitrator shall have the authority only to affirm or reverse the disciplinary action issued by the CITY. The arbitrator shall have no authority to modify a disciplinary action. D. ARBITRATOR'S DECISION 1. The arbitrator shall proceed to decide the grievance according to the rules established by the arbitrating agency except as limited herein, and within the jurisdiction provided for in this Article. 2. The written award of the arbitrator, adjudicated within the arbitrator's jurisdiction and authority, shall be final and binding on the aggrieved Police Officer, the ASSOCIATION, and the CITY. E. COST AND FEES OF ARBITRATION 1. The expenses, wages and other compensation of any witnesses called before the arbitrator shall be paid by 50 the party calling such witnesses. Other expenses incurred, such as professional services, consultants, preparation of briefs and data to be presented to the arbitrator, shall be paid separately by the respective parties. 2. The arbitrator's fees and expenses, the cost of any hearing room and the cost of a court reporter and of the original transcript shall be paid by the party not prevailing in the arbitration. The arbitrator shall designate the party not prevailing. ARTICLE XVI PROCEDURAL RIGHTS A. POLICE OFFICER PROCEDURAL RIGHTS WHILE SUBJECT TO DEPARTMENT INVESTIGATION It is the intent of this Article XVI to provide procedural safeguards to Police Officers who are under investigation for alleged acts of misconduct. The procedural rights provided in subparagraphs 1 through 5 below do not apply to routine, undocumented inquiry, coaching, instruction, or direction given to a Police Officer by their supervisor. When any Police Officer is under investigation for an alleged act of misconduct, the investigation shall be conducted under the following conditions: 1. Prior to any interview, the Police Officer shall be advised of the following: (a) The nature of the complaint, and the specific allegation(s) of misconduct; (b) The date, time and location of the incident that gave rise to the allegation(s); (c) All rights and obligations pertaining to the Garrity rule; 51 (d) The Police Officer's right to have a representative or counsel present during all phases of the investigation, and of the right to a reasonable amount of time to obtain such representation without threat of disciplinary action. The representative may not be a person subject to the same investigation. 2. The interview shall specifically and narrowly focus on the job related conduct of the Police Officer. 3. Persons conducting the investigation may not: (a) Subject the Police Officer under investigation to offensive language or threaten disciplinary action, except a Police Officer refusing to respond to questions or submit to interviews shall be informed that failure to answer questions narrowly and directly related to job related conduct may result in disciplinary action; (b) Make any promise of reward or leniency as an inducement for the Police Officer to answer any questions; 4. A complete recording of the interview session of the Police Officer shall be made. The Police Officer may make a recording of the interview session, provided however, that no recording shall take place without the knowledge of all parties present. 5. The Police Officer shall be notified, in writing, of the disposition of any internal investigation, including a disposition of each allegation, and the disciplinary action to be administered, if applicable, within 75 calendar days from the date the complaint was initiated, unless an extension is granted by the Chief of Police. The Police Officer shall be notified, in writing, of any such extension, the reason for the extension, and the anticipated date of conclusion of the investigation. 52 document. A Police officer has ten (10) working days within which to file a written response to any adverse document entered in their personnel file. The written response shall be attached to and accompany the adverse document. ARTICLE XIX. LAYOFFS Whenever it is necessary to reduce the number of Police Officers in the CITY Police Department because of lack of work or lack of funds, the CITY shall first lay off probationary Police Officers in the Police Department. If further layoffs are necessitated, Police Officers shall be laid off in inverse order of length of service with the CITY as a Police Officer and rehired according to seniority. ARTICLE XX. TERM OF AGREEMENT This MEMORANDUM shall be effective commencing July 1, 1997 and ending June 30, 1999, with the following exceptions: 1. It is understood by the parties hereto that certain provisions of this agreement cannot be implemented by the CITY except upon public notice and hearing and compliance with various statutory and legal requirements. All financial commitments by the CITY shall be subject to the availability of funds approved by the City Council and the limitations on future budget commitments provided under State Constitution and Statute. 2. The parties hereto may, by mutual written consent, agree to an amendment to this MEMORANDUM. 3. It is understood that all wage and merit increases specified in this MEMORANDUM are subject to availability of funds appropriated by the City Council and the limitations defined in Article XXI. 56 ASSOCIATION agrees on behalf of itself and its members, individually and collectively, that none of the following acts shall be engaged in or in any way approved of or encouraged by the ASSOCIATION or its members: 1. A concerted failure to report for duty; 2. A,concerted absence of Police Officers from their positions; 3. A concerted stoppage of work; 4. A concerted submission of resignations; 5. A concerted absence, in whole or in part, by any group of Police Officers from the full, faithful and proper performance of their duties of employment for the purposes of inducing, influencing, condoning or coercing a change in the terms and conditions of employment, including sick calls, sick-outs, slowdowns or any other concerted interference with services provided by the CITY; or 6. The collective concerted withholding of services or the performance of duties by any person pending the signing of contracts, including those persons who are customarily employed on a yearly contract basis. In the event of a violation of this article by the ASSOCIATION and/or the Police Officers, the CITY may, in addition to other remedies, discipline such Police Officers up to and including discharge. B. Police Officers shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work as specified herein or otherwise. 58 ARTICLE XXIII. WAIVER CLAUSE Except as provided for in Article XX hereof, the CITY and the ASSOCIATION expressly waive and relinquish the right, and each agrees that the other shall not be obligated during the term of this MEMORANDUM, to bargain collectively with respect to any subject or matter whether referred to or covered in this MEMORANDUM or not specifically referred to or covered in this MEMORANDUM, even though each subject or matter may not have been within the knowledge or contemplation of either or both the CITY and the ASSOCIATION at the time they negotiated or executed this MEMORANDUM and even though such subjects or matter were proposed and later withdrawn. ARTICLE XXIV. LIMITATION A. It is understood by the parties that the provisions of the MEMORANDUM OF UNDERSTANDING shall not be binding upon the parties, either in whole or in part, until the CITY shall: 1. Act by majority vote of its governing body to approve said MEMORANDUM OF UNDERSTANDING; 2. Enact ordinances, resolutions, or take other action required to implement said MEMORANDUM OF UNDERSTANDING by general legislation; 3. Act to appropriate necessary funds required to implement the full provisions of the MEMORANDUM OF UNDERSTANDING which requires funding for each year of its existence. B. The provisions of the MEMORANDUM OF UNDERSTANDING relating to conditions and compensation after fiscal year 1997-1998 are expressly subject to subsequent evaluation and approval by the City Council and to the availability of funds and the exclusive right of the City Council to appropriate said funds. 59 STATE OF UTAH .ss. County of Salt Lake) On the27 day o appeared before me gv1v\ gYv:S , who being by me duly sworn, did say that he is the2Sjd{`-- of SALT LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE ASSOCIATIONS, LOCAL 75, AFL-CIO that the foregoing instrument was signed in behalf of said association by authority of a resolution of its board of directors; and said person acknowledged to me that said association executed the same. My Commission Expires: \\Novell c-c\data\ATTORNEY\UNIONS97\MOU re police-clean.doc , 1997, personally ,A,, OTARY PUBLIC, residin. in Salt Lake County, Utah 61 NOTARY PUBLIC SUTAH My CAComm�r�sion DPW Ohre Z 1999 ENE M MEEKER $ izlce City, ;,hah 54111 APPENDIX "A" GRADE STEP COMPLETED YEARS OF SERVICE A B C (DAYS) (SWING) (GRAVES) 501 $2,337 $2,395 $2,454 ENTRY 502 $2,475 $2,537 $2,599 1 503 $2,612 $2,678 $2,743 2 504 $2,751 $2,820 $2,888 3 505 $2,888 - --- $2,960 $3,032 4 506 $3,026 $3,102 $3,178 5 507 $3,088 $3,165 $3,242 6 508 $3,150 $3,229 $3,308 7 509 $3,212 $3,292 $3,372 8 510 $3,274 $3,356 $3,438 9 511 $3,335 $3,419 $3,502 10 512 $3,394 $3,478 $3,563 11+ a. Police Officers will be moved onto this pay scale on July lst, 1997, with all grade designations remaining intact. b. Police Officers eligible for merit increases as defined in Article IV, will move up the scale one pay grade on their anniversary date in fiscal year 1997-98. APPENDIX "B" GRADE STEP COMPLETED YEARS OF SERVICE A 8 C (DAYS) (SWING) (GRAVES) 501 $2,384 $2,443 $2,503 ENTRY 502 $2,525 $2,588 $2,651 1 503 $2,665 $2,731 $2,798 2 504 $2,806 $2,876 $2,946 3 505 - $2,946 $3,019 $3,093 4 506 $3,087 $3,164 $3,241 5 507 $3,150 $3,228 $3,307 6 508 $3,213 $3,293 $3,374 7 509 $3,276 $3,358 $3,440 8 510 $3,339 $3,423 $3,506 9 511 $3,402 $3,487 $3,572 10 512 $3,461 $3,548 $3,634 11+ a. Police Officers will be moved onto this pay scale on December 28th, 1997, with all grade designations remaining intact. b. Police Officers eligible for merit increases as defined in Article IV, will move up the scale one pay grade on their anniversary date in fiscal year 1997-98. APPENDIX "D" GRADE STEP COMPLETED YEARS OF SERVICE A g C (DAYS) (SWING) (GRAVES) 501 $2,467 $2,529 $2,590 ENTRY 502 $2,613 $2,678 $2,744 1 503 $2,758 $2,827 $2,896 2 504 $2,904 $2,977 $3,049 3 505 $3,049 $3,125 $3,201 4 506 $3,195 $3,275 $3,355 5 507 $3,273 $3,355 $3,437 6 508 $3,351 $3,435 $3,519 7 509 $3,429 $3,515 $3,600 8 510 $3,507 $3,595 $3,682 9 511* $3,583 $3,672 $3,762 10+ a. Police Officers will be moved onto this pay scale on December 27, 1998, with all grade designations remaining intact. *Step 512 becomes designated as 511. b. Police Officers eligible for merit increases as defined in Article IV, will move up the scale one pay grade on their anniversary date in fiscal year 1998-99. IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year first above written. CHIEF DEPUTY CIT RECORDER Member SLPA Negotiating Committee Member SLPA Negotiating Committee SALT LAKE CITY CORPORATION B MAYOR RECORDED JUN2 61991 CITY RECORDER SALT LAKE POLICE ASSOCIATION APPROVED AS TO FORM Salt Lake City Attomey's Office Date �o -2S'-S 60