042 of 2010 - MOU with “500 Series Employees” 0 10-1
0 10-11
SALT LAKE CITY ORDINANCE
No. 42 of 2010
(Approving a Memorandum of Understanding
between Salt Lake City Corporation and the Salt Lake Police Association, Local 75 (SLPA)
representing the"500 Series City Employees")
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN SALT LAKE CITY CORPORATION AND THE SALT LAKE POLICE
ASSOCIATION, LOCAL 75 (SLPA) REPRESENTING THE "500 SERIES CITY
EMPLOYEES" WHICH SHALL BECOME EFFECTIVE ON PROPER RATIFICATION AND
SIGNATURE.
PREAMBLE
The Salt Lake Police Association, Local 75 (SLPA) 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 12(c) of the Collective Bargaining and Employee Representation Joint
Resolution, dated January 13, 2009,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 2 year agreement effective for fiscal
years 2011 and 2012. The City Council has appropriated necessary funds required to implement
the provisions of the attached Memorandum of Understanding for fiscal year 2011.
Accordingly, the City Council wants to approve the attached Memorandum of
Understanding between Salt Lake City Corporation and the Salt Lake Police Association, Local
75 (SLPA) 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 and the Salt Lake Police Association,
Local 75 (SLPA) representing the "500 Series employees", pursuant to Section 12(c) of the
Collective Bargaining and Employee Representation Joint Resolution, dated January 13, 2009.
SECTION 2. The attached Memorandum of Understanding between the City and the Salt
Lake Police Association, Local 75 (SLPA) 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 properly ratified and executed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1,
2010.
Passed by the City Council of Salt Lake City, Utah, this 15 day of
June , 2010.
CHAIRPE ON
ATTEST:
T RECO
2
Transmitted to the Mayor on June 25, 2010
Mayor's Action: Y, Approved Vetoed
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Bill No. 42 of 2010.
Published: 7-6-10 •
APPROVED AS TO FORM
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Date -lk'd
By.
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MEMORANDUM OF UNDERSTANDING
July 1, 2010—June 23, 2012
Salt Lake City Corporation
and the
Salt Lake Police Association
International Union of Police Associations
Local 75, AFL- CIO
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Salt Lake Police Association Salt Lake City Corporation
Tom Gallegos,President Website: w' w.s1cgo .com
Website: w ww.slpa.com Intranet: http:. slcnct
Office: 801.799.3211 Office: 801.535.7900
E-mail: tom.gallcgoso slcgoc.com E-mail: hr.unioninfo,u slccin.corn
MEMORANDUM OF UNDERSTANDING
Salt Lake City Corporation
and the
Salt Lake Police Association
International Union of Police Associations
Local 75,AFL- CIO
Table of Contents Page
ARTICLE I - PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM 7
ARTICLE II - RECOGNITION 8
ARTICLE III - RIGHTS AND OBLIGATIONS 8
A. Management Prerogatives; City Employer Rights 8
B. Police Officers' Rights 8
C. Association Rights 9
ARTICLE IV - REPRESENTATION 11
A. Association Representation Rights and Obligations 11
B. Police Officers' Representation Rights 12
ARTICLE V- WAGES 12
A. Wage Schedule 12
B. Merit Increases 13
C. Career Path 13
D. Longevity Pay 13
E. Years of Service 13
F. Lateral Entry 13
ARTICLE VI — HOURS OF SERVICE AND OVERTIME 14
A. Fair Labor Standards Act 14
B. Regular Work Week 14
C. Change in Regular Days Off 14
D. Change in Scheduled Hours 14
E. Overtime Compensation 15
F. Compensation for Court and Other Appearances 16
G. Training 17
SLPA Local 75 Page 2
H. Miscellaneous Work Time 17
I. Overtime Administration 17
J. Standby 18
K. Callout 18
L. Extra Duty Shifts 18
M. Parking Meter Collection 19
N. Department Seniority 19
ARTICLE VII - HOLIDAYS 19
A. Holidays Specified 19
B. Alternative and Additional Holidays 20
C. Holiday Work 20
D. Holiday Pay upon Termination, Resignation or Retirement 20
ARTICLE VIII - VACATIONS 21
A. Vacation Authorized 21
B. Vacation Accrual 21
C. Rules for Taking Vacation 21
D. Vacation Benefits upon Termination 22
E. Cash Payment of Earned Vacation Time in Lieu of Use 22
ARTICLE IX— SICK LEAVE, OTHER RELATED LEAVE, AND
PERSONAL LEAVE 22
A. Sick Leave Policy and Procedures(Plan"A"Only) 22
B. Accumulation of Sick Leave 23
C. Sick Leave Conversion to Vacation Time 23
D. Notification of Election 23
E. Presumption of Use 23
F. Retirement Benefits 23
G. Hospitalization Leave 24
H. Recovery of Sick Leave and Hospital Benefits 25
I. Paid Personal Leave(Plan`B" Only) 25
1. Amount of Paid Personal Leave 25
2. City Contribution 26
3. Carry Over of Personal Leave 26
SLPA Local 75 Page 3
4. Conditions of Use of Paid Personal Leave 26
5. Payment of the Retirement/Layoff(R/L) Account 26
6. Short-Term Disability Insurance 27
7. Termination Benefits 27
J. Disability Compensation 27
K. Injury Leave 27
ARTICLE X— LEAVE OF ABSENCE 28
A. Bereavement Leave 28
B. Family Medical Leave Act(FMLA) (Informational Only) 29
C. Military Leave 29
1. Leave for Police Officers Who Enter Military Service 29
2. Leave While on Duty with Armed Forces or Utah National Guard 30
D. Leave for Jury Duty 30
E. Dependent Leave (Plan"A"Only) 30
F. Additional Leave of Absence 31
ARTICLE XI —TUITION AID, UNIFORM, K-9, AUTOMOBILE, TRAVEL, AND
BLOOD DRAW ALLOWANCES 31
A. Tuition Aid 31
B. Uniform Allowance 31
C. K-9 Squad Allowance 31
D. Automobile and Travel Allowances 32
E. Blood Draw Callout 32
ARTICLE XII - INSURANCE 32
A. Life, Accidental Death and Dismemberment, Dental, and Health Insurance 32
B. Post Employment Health Plan 33
ARTICLE XIII — PENSION PLAN CONTRIBUTION 33
A. Non Contributory Retirement System 33
B. Longevity Benefit 33
C. Career Path Incentive 33
ARTICLE XIV— RESERVE OFFICERS 33
A. Exclusion from MOU 33
B. Use of Reserves 33
SLPA Local 75 Page 4
ARTICLE XV— PROCEDURAL RIGHTS 34
A. Police Officers' Procedural Rights during Investigative Interviews 34
B. Limitations of Investigations 35
C. Dispositions and Time Limits 35
D. Polygraphs 35
E. Procedural Safeguards during Disciplinary Process 36
F. Remedy 37
ARTICLE XVI — GRIEVANCE PROCEDURE 37
A. Scope of Grievances 37
B. Grievance Procedure 37
C. General Rules 40
ARTICLE XVII —ARBITRATION PROCEDURE 41
A. Scope of Arbitration 41
B. Selection of Arbitrator 41
C. Arbitrator's Jurisdiction 42
D. Arbitration Record 42
E. Arbitrator's Decision 42
F. Cost and Fees of Arbitration 43
ARTICLE XVIII - COMMITTEES 43
A. Safety Committee 43
B. Secondary Employment Committee 43
C. Car per Officer Committee 43
D. Retirement COLA Increase 43
ARTICLE XIX— PERSONNEL FILES 44
A. Access to Files 44
B. Entries into Personnel Files 44
ARTICLE XX— LAYOFFS 44
ARTICLE XXI —TERM OF AGREEMENT 44
ARTICLE XXII — LIMITATION ON PROVISIONS 45
ARTICLE XXIII — STRIKES AND WORK STOPPAGES 45
ARTICLE XXIV—WAIVER CLAUSE 46
ARTICLE XXV— ENABLING CLAUSE 46
SLPA Local 75 Page 5
ARTICLE XXVI - FISCAL YEAR 2011 WAGES 46
ARTICLE XXVI I—JOINT AGREEMENTS — LIMITED REOPENERS 47
APPENDIX A—WAGE SCHEDULES 50
APPENDIX B — INSURANCE 51
ATTACHMENT 1 53
SLPA Local 75 Page 6
SLC Contract No.
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and executed this
day of June 2010, by and between SALT LAKE CITY CORPORATION (the"City") and the
SALT LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, Local 75, AFL-CIO (the"Association").
WITNESSETH:
WHEREAS,the City recognized the value of collectively bargaining with the Association the
terms and conditions of employment for Police Officers pursuant to the Collective Bargaining
and Employee Representation Joint Resolution dated January 13, 2009("Resolution" attached
as Attachment 1); and
WHEREAS, the City and the Association have negotiated and have reached agreement on the
terms and conditions of employment for fiscal years 2011 and 2012; and
WHEREAS,the City and the Association recognize that this MOU does not modify the City's
authority or obligations established by the Utah Constitution and Utah statutes; and
WHEREAS, the City and the Association jointly desire to establish the wage structure,
benefits and employment conditions for Salt Lake City Police Officers as required by the
Resolution in order to promote the efficient operation of the Salt Lake City Police Department
("SLCPD"), and to provide an appropriate method of handling and processing grievances; and
WHEREAS, the City and the Association agree that this MOU entirely replaces the
Memorandum of Understanding between the parties effective July 1, 2009;
NOW,THEREFORE,the City and the Association agree that the following outlines their
joint agreement:
ARTICLE I- PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM
The City and the Association are obligated to provide municipal services in the most efficient,
productive, and courteous manner. Each of this MOU's provisions should be consistent with
this obligation and do not modify the City's or Salt Lake City Civil Service Commission's
statutory authority.
SLPA Local 75 Page 7
•
ARTICLE II-RECOGNITION
The City recognizes the Association as the exclusive representative pursuant to the Resolution
for the purpose of negotiating salaries,wages,hours,and other conditions of employment for
Police Officers. These rights will remain in effect until decertification of the Association or
until repeal of the Resolution.
ARTICLE III-RIGHTS AND OBLIGATIONS
A. Management Prerogatives;City Employer Rights
1. The City has the exclusive right to determine SLCPD's mission.
2. The City has the exclusive right to set standards of service to be offered to the
public,and to exercise control and discretion over its organization and
operation.
3. The City has the exclusive right to:
a. hire and direct its Police Officers;
b. establish positions of employment and classifications for positions;
c. take disciplinary action for just cause;
d. relieve its Police Officers from duty because of lack of work or other
legitimate reasons,determine the method,means and personnel by
which the City conducts its operations,including but not limited to
contracting 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;and
e. take whatever actions as may be necessary to carry out its
responsibilities in situations of an emergency.
4. The Association recognizes the City's right to establish and/or revise
performance standards to determine acceptable performance levels of Police
Officers.
B. Police Officers'Rights
1. Police Officers 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. The City will not
SLPA Local 75 Page 8
discriminate against Police Officers in any aspect of employment because of
their affiliation or membership with the Association.
2. Police Officers have the right to refuse to join or participate in any activity of
any employee organization and the right to represent themselves individually
in their employment relations with the City. The City will not discriminate
against Police Officers in any aspect of employment because of their refusal to
affiliate with the Association or because of membership or affiliation with
another labor organization.
3. Police Officers have the right to refrain from any and all activities with
reference to an employee organization and to 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. The City will not interfere with, intimidate, restrain, coerce, or
discriminate against Police Officers in any aspect of their employment because
of the exercise of any of these rights.
4. Regardless of membership or non-membership in the Association, nothing in
this MOU precludes Police Officers:
a. 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 their behalf in choosing an attorney or representative in
a grievance or judicial action, except as limited in Article IV; or
c. from having and enjoying all employment rights and benefits granted
by the City whether or not they are members of the Association.
C. Association Rights
1. The Association has the right to present its views to the City either orally or in
writing.
2. The City agrees to recognize the designated representatives of the Association.
The Association agrees to keep the City advised, in writing, of its designated
representatives. The names of the Association's representatives will be posted
by the Association on appropriate bulletin boards in the work location.
3. The City agrees that representing Police Officers during investigative
interviews,pre-disciplinary hearings, or related disciplinary matters furthers
the business of the City. The Association President and Vice President will be
allowed a reasonable period during working hours to conduct such business.
This may be accomplished by a corresponding reduction in workload as
mutually agreed upon by the Association and the Chief of Police.
4. It is agreed that internal Association business such as soliciting membership,
collecting dues, electing officers, conducting membership meetings, and
posting and distributing literature will be conducted during non-duty hours
with the sole exception of the following:
SLPA Local 75 Page 9
a. The Association President will be allowed ten(10)hours per week
during working hours to conduct Association business. Time in excess
of the ten(10)hours may be granted to the Association President at the
discretion of the Chief The Association President will be allowed to
use the ten(10)hours per week, and any additional time granted by the
Chief, at the Association President's discretion.
b. Designated Association representatives will 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 (2)hours per month,unless otherwise approved by the
Chief Police Officers involved will coordinate all time off with their
direct supervisor.
Up to four(4)Association members per division may be released from
duty to attend monthly Association meetings subject to their
supervisor's approval.
c. Association representatives will be allowed time off with pay to attend
conferences and conventions. This time off will not exceed a total of
three hundred twenty(320)working hours per fiscal year for the
aggregate of all Association representatives. Association
representatives will be allowed to use their available leave time to
attend conventions and conferences. The Association representatives
involved will obtain prior permission from their immediate supervisors
at the earliest opportunity to do so. Every effort will be made to allow
the Association representatives to use leave for this purpose.
5. 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 a Police Officer. The City will notify the Association
in writing of all requests for termination of dues deduction.
6. The City agrees to provide thirty(30) calendar days notice to the Association
prior to changing any City personnel policy.
The purpose of the notice is to solicit the Association's input on the proposed
policy change.
7. 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 locations
mutually agreed upon by the City and the Association.
8. 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;
SLPA Local 75 Page 10
d. Notices of Association meetings and agenda;
e. Official findings of arbitration rulings, Civil Service Commission
appeals, or other administrative or judicial notices;
f. Notices concerning bona fide Association activities such as
cooperatives, credit unions, and unemployment compensation
information; and/or,
g. Other notices concerning Association affairs. The City will not
prohibit the Association from distributing publications or notices in
Police Officers distribution boxes.
ARTICLE IV-REPRESENTATION
This Article sets forth all matters relating to representation of Police Officers in their
employment relations with the City.
A. Association Representation Rights and Obligations
1. The Association accepts the responsibility for, and agrees to represent in good
faith, the interests of all Police Officers without discrimination and without
regard to membership in the Association. The Association shall determine the
method and means of such representation in the fulfillment of this paragraph.
2. Police Officers shall not be represented in their employment relations with the
City by an agent or representative of an employee organization other than the
Association.
3. Time spent representing Police Officers during investigative interviews,pre-
disciplinary hearings, or related disciplinary matters is not working time and
shall not be compensated,unless such representation takes place during the
Association representative's regularly scheduled working hours.
4. Association representatives shall,upon proper notification to their immediate
supervisors,be allowed a reasonable opportunity during working hours to
investigate and adjust grievances. In no event shall such activity exceed two
(2) hours per week unless otherwise approved by the Chief.
5. Association representatives will be held to the same standard of confidentiality
in these matters as the City. Any discussion among Association
representatives, Police Officers, and the City concerning settlement of items
grieved will be privileged matters and may not be used for any other purpose
by either party.
6. Association representatives may not delay, interfere with, or otherwise obstruct
any lawful investigation conducted by the City in compliance with the terms
and conditions of this MOU.
SLPA Local 75 Page 11
B. Police Officers'Representation Rights
1. Police Officers may be accompanied and assisted by representation of their
choice at all times when subject to investigation for alleged acts of misconduct.
The representative(s)may not be person(s) subject to the same investigation.
2. Police Officers may be accompanied and assisted by representation of their
choice during any pre-disciplinary hearing or waiver hearing.
3. Police Officers shall be granted a reasonable amount of time to obtain such
representation prior to any internal investigation or pre-disciplinary hearing,
without threat of disciplinary or other adverse employment action.
4. Police Officers' right to representation does not apply to informal, routine, or
unplanned discussions between Police Officers and their immediate supervisor.
5. Police Officers may be accompanied and assisted by representation of their
choice at any phase of the grievance process.
6. Police Officers who elect to use multiple representatives as provided in this
Article shall give notice to the City of their intent to do so.
ARTICLE V-WAGES
Subject to Article XXVI:
A. Wage Schedule
1. Effective July 1, 2010, Police Officers shall be paid biweekly in accordance
with the wage schedule set forth in Appendix"A"of this MOU.
2. Police Officers will be paid shift differential as follows:
a. Police Officers, whose shifts begin from 0500 hours to 1159 hours,
shall be paid in accordance with column"A" of the effective wage
schedule.
b. Police Officers, whose shifts begin from 1200 hours to 1859 hours,
shall be paid in accordance with column"B"of the effective wage
schedule.
c. Police Officers, whose shifts begin from 1900 hours to 0459 hours,
shall be paid in accordance with column"C"of the effective wage.
3. A Police Officer required to work in a position above his or her grade will be
paid an hourly rate according to SLCPD policy while acting in that position.
Such hourly pay rate will not be effective until the employee has worked in
that position for forty(40) consecutive hours. At that time the hourly pay rate
will be effective back to the first day worked in that position.
SLPA Local 75 Page 12
B. Merit Increases
1. Police Officers shall become eligible for merit increases beginning with the
first pay period after completion of one year's employment and shall be
eligible for future merit increases on their anniversary date. Merit increases
will be paid to 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
length of service and satisfactory performance of job requirements.
C. Career Path
There shall be a Career Path incentive program for Police Officers based on the terms
and conditions agreed to by the City and the Association. This program shall be
funded for the term of this MOU.
D. Longevity Pay
Police Officers will be provided longevity pay according to the following schedule:
1. At the beginning of the seventh(7th)year of service, Police Officers shall
receive a total monthly longevity benefit in the sum of Fifty Dollars($50).
2. At the beginning of the eleventh(11th) year of service, Police Officers shall
receive a total monthly longevity benefit in the sum of Seventy-Five Dollars
($75).
3. At the beginning of the seventeenth(17th)year of service, Police Officers shall
receive a total monthly longevity benefit in the sum of One Hundred Dollars
($100).
4. At the beginning of the twenty first(21st)year of service, Police Officers shall
receive a total monthly longevity benefit in the sum of One Hundred Twenty
Five Dollars($125).
E. Years of Service
For purposes of Police Officers' wage schedules, it is understood that Police Officers
have an anniversary date reflecting the actual date they were hired by SLCPD.
Police Officers who take a voluntary leave of absence or who either retire or resign
from their employment but return to work within one(1)year as allowed by Civil
Service Commission Rules shall have such time deducted from their years of service,
resulting in an adjustment to their anniversary date.
F. Lateral Entry
1. The City shall develop and implement a Lateral Entry Hiring Program for the
position of Police Officer. This program will be administered by the City
under guidelines prescribed by the Chief.
SLPA Local 75 Page 13
2. For the purposes of the wage schedules, Police Officers hired under the Lateral
Entry Hiring Program will be granted years of service according to the terms of
the program. Such years of service shall be included in the calculation of all
leave time benefits,but shall not apply to the computation of longevity pay,
departmental seniority or for the calculation of short term disability benefits.
ARTICLE VI—HOURS OF SERVICE AND OVERTIME
A. Fair Labor Standards Act
The Fair Labor Standards Act and its regulations("FLSA") outline the City's legal
obligations to pay minimum wages and overtime. This MOU enhances some of the
City's legal obligations. If any provision of this MOU fails to comply with the FLSA
or its regulations,that provision is void and the City will comply with the FLSA. The
voided provision will not affect the rest of the MOU which will remain in full force
and effect.
B. Regular Work Week
A Police Officer's normal work week, regardless of shift arrangements, will be forty
(40)hours of work. This provision does not limit or prevent SLCPD from changing or
establishing work shifts as the need arises or guarantee Police Officers forty(40) hours
work per week.
C. Change in Regular Days Off
1. SLCPD will not adjust a Police Officer's regular days off to meet one-time
needs.
2. SLCPD may change a Police Officer's regular days off to meet the needs of
regularly scheduled special events, such as, but not limited to, annual parades,
conferences, and special holidays which require extra coverage.
3. SLCPD fails to give a Police Officer at least fourteen(14) calendar days prior
notice of a change to the Police Officer's regular days off, the City will pay the
Police Officer for all time worked at the regularly scheduled event at a rate of
one and one-half times the Police Officer's regular rate of pay.
D. Change in Scheduled Hours
1. SLCPD may change a Police Officer's scheduled shift hours to provide
coverage if the schedule change is required due to the Police Officer's specific
assignment. Any change made under this provision will not reduce the total
number of hours a Police Officer would otherwise have worked during the
workweek of the schedule change or reduce any call out pay that a Police
Officer is entitled to receive.
SLPA Local 75 Page 14
If SLCPD fails to give a Police Officer at least four(4)calendar days prior notice
of a change to the Police Officer's scheduled hours due to needs outside his or her
specific assignment,the City will pay the Police Officer for all time worked during
the shift at a rate of one and one-half times the Police Officer's regular rate of pay.
3. Each Police Officer shall be provided sixty (60)minutes of break/lunch time
during each work shift; however, any break/lunch time shall be taken in
accordance with operational needs of the department. There shall be no
additional compensation to Police Officers who do not receive a break or
lunch.
4. Break/lunch 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 one or
two calls(as defined by SLCPD policy), Police Officers may check out
for one (1) sixty(60)minute break/lunch. No more than one-third(1/3)
of the total Police Officers assigned to and working in the field for that
particular shift may be on a break/lunch 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/lunch when conditions allow.
c. Police Officers will remain in radio contact with the dispatch office
while on break/lunch, and may be required to respond to calls under
exigent circumstances.
d. Calling Police Officers out of a break/lunch 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.
E. Overtime Compensation
1. In order for Police Officers to receive compensation for time worked in excess
of forty(40)hours per week, Police Officers must have prior approval from
their supervisor to perform such work. Time worked that 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(1 `h)times their
regular rate of pay. Police Officers 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.
3. Police Officers shall not accrue more than one hundred twenty(120)hours of
compensatory time (or eighty(80)hours of actual overtime worked). Police
Officers who have accrued one hundred twenty (120) hours of compensatory
time off, shall, for additional overtime hours worked, be compensated with pay
at one-and-one-half(1 1)times the Police Officers' regular rate of pay.
SLPA Local 75 Page 15
4. Accrued compensatory time will not be revoked or forfeited. Accrued
compensatory time will remain credited to Police Officers until such
compensatory time is either used by the Police Officer purchased by the City.
Provided, however, that if Police Officers have more than forty(40)hours of
accrued compensatory time, any paid leave used by Police Officers thereafter
shall be presumed to be accrued compensatory time rather than vacation,
holidays, or other paid leave.
F. Compensation for Court and Other Appearances
1. Police Officers shall be entitled to receive compensation for a court or
administrative proceeding appearance as a witness subpoenaed by the City, the
State of Utah, the United States or a party to a legal proceeding when the
appearance is related to the Police Officer's official duties as follows:
a. Court or administrative proceeding appearances made while on-duty
shall constitute normal hours of work.
b. In the event a court or administrative proceeding appearance extends
beyond the end of a Police Officer's regularly scheduled shift, such
time spent in court or in administrative proceedings will be treated as
normal work time for the purpose of computing a Police Officer's
overtime compensation.
c. Court or administrative proceeding appearances made outside of a
Police Officer's regularly scheduled shift will be compensated as
follows:
i. Police Officers shall be paid at the rate of one and one-half(11/2)
times their wage rate for two (2) hours of time spent while off-
duty for preparation in conjunction with such court or
administrative proceeding 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 an
appearance.
ii. In addition to the compensation provided in(i) above, Police
Officers shall be paid at the rate of one and one-half(1%2) times
their wage rate for the actual time spent in court or in
administrative proceedings. Time granted by a court or
administrative body to Police Officers for lunch shall not be
compensated.
iii. In the event the time spent in court or administrative
proceedings extends into the beginning of the Police Officer's
regularly scheduled work shift that time spent 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;
SLPA Local 75 Page 16
b. The time the Police Officer is released from the court or administrative
proceeding appearance is noted on the subpoena and initialed by the
prosecuting attorney or appropriate government representative; and
c. A copy of the Police Officer's subpoena complying herewith is
delivered to the supervisor within seven (7) working days following the
court or administrative proceeding appearance.
3. Compensation for preparation time shall be provided for more than one
appearance per day, only if any additional 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 or appropriate government, court, or administrative
representative 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.
G. 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 in-service 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.
H. Miscellaneous Work Time
Other compensable hours of work as defined by the FLSA shall be counted as normal
work time for the purposes of computing Police Officers' overtime compensation.
Such time may include,but is not limited to, extraditions, required medical or
psychological examinations, or internal investigations.
Overtime Administration
The administration of any necessary overtime work is solely a function of
management.
SLPA Local 75 Page 17
J. Standby
Standby is when a Police Officer's off duty activities are restricted in such a way that
they are available for an immediate return to work.
Police Officers placed on standby will be paid one(1) hour of straight time for each
calendar day on standby. This compensation shall be in addition to any callout pay or
pay for time worked the employee may receive during the standby period.
K. Callout
Police Officers who have been released from their scheduled work shifts and have
been directed to perform work by an appropriate division head or designated
representative without at least twenty-four(24)hours advance notice or scheduling
shall be compensated as provided in subparagraphs one (1) through four(4)below:
1. Police Officers who are directed to report to work shall receive a minimum of
four(4)hours compensation, at one-and-one-half(11/2)times their wage rate,
or one-and-one-half(11/2)times their wage rate for actual hours worked,
whichever is greater.
2. If the Police Officer is directed to report to work and the direction to report to
work is cancelled within fifteen(15)minutes, then the Police Officer shall
receive one(1)hour of compensation at one-and-one-half(1'/2)times his/her
wage rate.
3. Police Officers who are assigned to day shift, and who are directed to perform
work within eight(8)hours prior to the beginning of their regularly scheduled
shift, or Police Officers who are assigned to the afternoon or graveyard shifts,
and who are directed to perform work within eight(8) hours following the end
of their regularly scheduled shifts: shall receive a minimum of four(4)hours
compensation at one-and-one-half(1'/2)times their wage rate, or one-and-one-
half(1'/2)times their wage rate for actual hours worked, whichever is greater.
4. Police Officers who are directed to perform work at the Police Officer's
current location at any other times than those enumerated above, shall received
a minimum of one(1)hour compensation at one-and-one-half(1'/2)times their
wage rate, or one-and-one-half(1'/2)times their wage rate for actual hours
worked, whichever is greater.
5. Police Officers who have not been assigned a City vehicle and who are called
out under this provision will be paid mileage from their home address to the
location of the callout as allowed by City policy.
L. Extra Duty Shifts
1. For the purposes of this Article, extra-duty shifts are defined as scheduled or
unscheduled hours worked other than a Police Officer's normally scheduled
work shifts. Extra-duty shifts do not include extension or carryover of the
Police Officer's normally scheduled work shifts.
SLPA Local 75 Page 18
2. Police Officers required by the City to work extra-duty shifts shall receive a
minimum of three (3)hours compensation at one and-one-half(1 '/2)times
their wage rate, or time worked at one-and-one-half(1 1/2)times their wage
rate, whichever is greater.
M. 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
(1'/2)times their wage rate. Police Officers who prepare and make the deposit shall be
paid for an additional one-half('/2)hour per shift at one-and-one-half(11/2)times their
wage rate. The City maintains the right to have this work performed in any manner it
deems appropriate.
N. Department Seniority
Departmental seniority will be established by an identification number assigned to
Police Officers by the department upon successful completion of initial training.
Police Officers will bid shifts, days off, and where applicable, specific patrol districts
or Division work assignments by departmental seniority when a conflict does not exist
with departmental policy or operating efficiency.
ARTICLE VII-HOLIDAYS
A. Holidays Specified
The following days shall be recognized and observed as holidays for all Police
Officers.
1. The first day of January,New Year's Day;
2. The third Monday of January, Martin Luther King Jr. Day;
3. The third Monday of February, Presidents Day;
4. The last Monday of May, Memorial Day;
5. The fourth day of July, Independence Day;
6. The twenty-fourth day of July, Pioneer Day;
7. The first Monday in September, Labor Day;
8. The eleventh day of November, Veteran's Day;
9. The fourth Thursday in November, Thanksgiving Day;
10. The day after Thanksgiving, and
11. The twenty-fifth day of December, Christmas.
SLPA Local 75 Page 19
12. One personal holiday. 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
1. When a day designated as a holiday falls on a Police Officer's scheduled work
day, Police Officers may elect to take the day off work, subject to the approval
of their supervisor, or Police Officers may elect to receive their regular wages
for such days worked and designate an alternate day off work to celebrate the
holiday.
2. When a day designated as a holiday falls on a Police Officer's scheduled day
off,the Police Officer may designate an alternate day off work to celebrate the
holiday.
3. Police Officers,who by virtue of their assignment are scheduled off work on
days designated as holidays but are required to work on a designated holiday,
may elect one of the following options for compensation:
a. Police Officers may elect to receive their regular wages for such days
worked and designate an alternate day off work to celebrate the
holiday, or
b. Police Officers may elect to use the designated holiday time,plus be
compensated at the rate of one-and-one-half(11/2) times their wage rate
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,may elect to work the holiday and receive their
regular wages for such days worked and designate an alternate day off work to
celebrate the holiday.
5. Police Officer may accrue holidays,but any holidays accrued in excess of
twelve (12) will be forfeited unless used prior to the end of the calendar year.
D. Holiday Pay upon Termination,Resignation or Retirement
When a Police Officer retires or leaves City employment the City shall compensate
him or her for any holiday time accrued,not to exceed twelve (12)holidays.
SLPA Local 75 Page 20
ARTICLE VIII-VACATIONS
A. Vacation 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. Police
Officers shall not be entitled to use any vacation,unless they have completed six(6)
months of full-time employment with the City.
B. Vacation Accrual
Police Officers shall accrue vacation according to the following schedule:
Completed Years of City Hours Accrued per
Employment Biweekly
Pay Period
0 to end of year 3 3.08
4 through 6 3.69
7 through 9 4.62
10 through 12 5.54
13 through 15 6.15
16 through 19 6.77
20 or more 7.69
Police Officers hired between July 1, 2003, and June 30, 2006, shall accrue vacation at
a rate of 3.69 hours per pay period until they have completed six(6)years of City
employment.
C. Rules for Taking Vacation
1. All vacations are to be taken as directed by the Commander 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. Police Officers with the most departmental seniority(as defined in
Article VI (K)) shall be given first consideration for vacation requests
submitted prior to March 15 of each year. Requests made thereafter
shall be approved on a first-come first-served basis; and
b. Annual vacation requests submitted prior to March 15 of each year will
be requested in blocks of forty(40) or more working hours. A Police
Officer may request vacation time which the Police Officer has already
accrued or will have accrued prior to the requested dates.
2. Police Officers may accumulate vacation(including both earned vacation and
sick leave conversion time) according to their credited years of employment
with the City up to the following maximum limits:
a. After six (6)months: up to two hundred (200) hours and
SLPA Local 75 Page 21
b. After nine (9) years: up to two hundred eighty(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 a Police Officer, the Chief may
allow the Police Officer to accumulate vacation earned in excess of the
maximum limits provided in subparagraphs(2 or 3); if the Chief determines
that the Police Officer was unable to use vacation due to circumstances beyond
the Police Officer's control.
D. Vacation Benefits upon Termination
1. Police Officers whose employment is terminated by resignation or otherwise
shall be entitled to be paid for all earned and unused vacation time.
2. Police Officers shall not be entitled to any payment or termination benefit
hereunder:
a. Until Police Officers have completed six (6) months of full-time
employment with the City; or
b. If resigning Police Officers fail to give at least ten(10)working days
prior written notice to their Division Commander of their contemplated
resignation.
E. Cash Payment of Earned Vacation Time in Lieu of Use
Police Officers may request cash payment of vacation time in lieu of use subject to
applicable City policy. Any such payments shall be made at the sole discretion of the
Chief.
ARTICLE IX— SICK LEAVE, OTHER RELATED LEAVE,AND
PERSONAL LEAVE
A. Sick Leave Policy and Procedures (Plan "A"Only)
1. Sick leave shall be provided for Police Officers as insurance against loss of
income when they are unable to perform assigned duties because of illness or
injury.
2. Police Officers shall be entitled to ninety-six (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, if the individual Police Officer's average sick leave, for
the prior year, does not exceed the City's average sick leave. If the Police
Officer's sick leave use exceeds the City average, the Police Officer shall
accrue 3.69 hours of sick leave per pay period during any given year.
SLPA Local 75 Page 22
2. Police Officers who have used less than the City average as computed on the
last day of the last payroll period of each year shall be awarded an additional
twenty-four(24) sick leave hours effective on the following dates:
a. January 21, 2011 and
b. January 20, 2012.
4. Police Officers absent from work due to illness or injury shall report the
intended absence to their Division Commander or supervisor as soon as
practical,but no later than fifteen(15)minutes after commencement of their
duty shift unless justified by emergency circumstances.
5. Police Officers requesting sick leave under this section may be required to
provide verification of illness or injury from a competent medical practitioner.
B. Accumulation of Sick Leave
Unused sick leave hours may be accumulated from year to year.
C. Sick Leave Conversion to Vacation Time
At the beginning of the calendar year, Police Officers who have accumulated two
hundred forty(240) sick leave hours may convert up to forty(40) hours of
accumulated sick leave to vacation time. The number of hours of sick leave used
during the previous calendar year shall be subtracted from forty(40)hours, with the
remainder available for conversion to vacation.
D. Notification of Election
The conversion of sick leave to vacation for Police Officers as provided in C above is
automatic unless the Police Officer elects not to convert such leave to vacation time.
Election by Police Officers not to convert must be made by notifying the police
department, in writing, on or before, January 31 of each year.
E. Presumption of Use
Any sick leave hours converted to vacation as above described, shall be deemed to be
taken prior to any other hour of vacation time to which Police Officers are entitled.
Any sick leave hours converted to vacation remaining unused at the date of
termination, resignation or retirement shall be forfeited by the Police Officers.
F. Retirement Benefits Police Officers
1. Upon a Police Officer's retirement,the City will contribute fifty percent(50%)
of the cash value of the Police Officer's accumulated, unused sick leave to the
Nationwide Post Employment Health Plan, in accordance with the provisions
and requirements of that plan. The value of the sick leave will be calculated
SLPA Local 75 Page 23
using the hourly rate of pay in effect on the Police Officer's last day worked
prior to retirement.
2. Prior to July 1 of each succeeding year,the Association and City will evaluate
this provision, and may modify its terms for the following year. The terms of
this provision will not be modified except one time annually, as provided
herein.
G. Hospitalization Leave
1. Hospitalization leave shall be provided for Police Officers, in addition to sick
leave authorized hereunder, as insurance against loss of income when Police
Officers are unable to perform assigned duties because of scheduled surgical
procedures,urgent medical treatment, or hospital admission.
2. Police Officers shall be entitled to two hundred forty(240) hours of
hospitalization leave each calendar year. Hospitalization leave shall not
accumulate from year to year. Police Officers may not convert hospitalization
leave to vacation or any other leave, nor may they convert hospitalization leave
to any additional benefit at time of retirement.
3. Police Officers shall not be entitled to hospitalization leave until they have
completed six(6)months of continuous employment with the City.
4. Police Officers who are unable to perform their duties during a shift due to
preparations for(such as fasting,rest, or ingestion of medicine), or
participation in, a scheduled surgical procedure, shall obtain the permission of
their Division Commander or supervisor prior to the scheduled procedure.
With the approval of the Division Commander or supervisor,Police Officers
may report the absence from the affected shift as hospitalization leave.
5. Police Officers who must receive urgent medical treatment at a hospital,
emergency room, or acute care facility, and who are unable to perform their
duties during a shift due to urgent medical treatment, may report the absence
from the affected shift as hospitalization leave. Police Officers are responsible
to report the receipt of urgent medical treatment to their Division Commander
or supervisor as soon as practical. Herein,urgent medical treatment includes
at-home care directed by a physician immediately after the urgent medical
treatment and within the affected shift.
6. Police Officers, who are admitted to a hospital for medical treatment, so they
are unable to perform their duties, may report the absence from duty as
hospitalization leave.
7. Medical treatment consisting exclusively or primarily of post-injury
rehabilitation or therapy treatment, whether conducted in a hospital or other
medical facility, shall not be counted as hospitalization leave.
SLPA Local 75 Page 24
8. Police Officers requesting hospitalization leave under this section may be
required to provide verification of treatment from a competent medical
practitioner.
H. Recovery of Sick Leave and Hospital Benefits
Police Officers 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 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 Officers all sick leave and hospitalization leave entitlements
exhausted as a result of such injury.
L Paid Personal Leave (Plan `B"Only)
Under Plan`B"paid personal leave shall be provided for Police Officers as insurance
against loss of income when a Police Officer needs to be absent from work because of
illness or injury, to care for a dependent,bereavement leave or for any other
emergency. When the leave is for a personal reason, supervisory approval will be
based on the operational requirements of the City.
1. Amount of Paid Personal Leave
Each Police Officer shall be awarded personal leave and be able to use their
personal leave on:
a. December 10, 2010 for 2010—2011 plan year and
b. December 9, 2011 for 2011 —2012 plan year.
Based on the following schedule:
Months of Continuous City Service Hours of Personal Leave
Less than 6 40 hours
More than 6 less than 24 60 hours
More than 24 80 hours
Police Officers covered by Plan`B"hired during the plan year will receive personal
leave on a prorated basis.
SLPA Local 75 Page 25
2. City Contribution
Police Officers may not carry over more than eighty (80) hours of personal leave
to the next plan year, which begins on the following dates:
a. November 14, 2010 and
b. November 13, 2011.
For any personal leave unused by a Police Officer above eighty(80)hours on that
dates mentioned above, the City, no later than the following corresponding dates
below will contribute the value of the unused personal leave to the Nationwide
Post Employment Health Plan:
a. December 23, 2010 and
b. December 23, 2011.
The value of this contribution shall be based on the wage schedule at the end of the
plan year. This contribution shall not be subject to election by the Police Officer.
3. Carry Over of Personal Leave
Any Police Officer's personal leave hours not contributed according to paragraph
2 above shall carry over to the next plan year.
4. Conditions of Use of Paid Personal Leave
Based upon the need to operate at acceptable staffing levels and to maintain the
safety of the public and Police Officers, the following conditions on use apply:
a. Minimum use of paid personal leave is in a one (1)hour increment and
must be used in a manner directed by the Division Commander.
b. In situations where paid personal leave is used for illness, dependent, or
bereavement leave, notice should be given as soon as possible.
5. Payment of the Retirement/Layoff(R/L)Account:
a. All of the hours in the R/L account shall be payable at layoff as
follows: The Police Officer shall be paid for each hour in the Police
Officer's R/L account.
b. Upon a Police Officer's retirement,the City will contribute the cash
value of the Police Officer's R/L account to the Nationwide Post
Employment Health Plan, in accordance with the provisions and
requirements of that Plan. The value of that contribution will be
calculated using the hourly rate of pay for the last day the Police
Officer actually worked prior to retirement.
c. Prior to July 1 of each year of this MOU, the Association and the City
will evaluate the provision in this subparagraph, and may modify its
terms for the following fiscal year.
SLPA Local 75 Page 26
d. Hours may be withdrawn from the R/L account for emergencies after
personal leave hours are exhausted, and with approval of the Police
Officer's Division Commander. Approval shall not be unreasonably
denied. It is understood that hours used from the R/L account shall be
governed by the same rules of usage that are applied to sick leave
hours. R/L account hours may also be used as a supplement to
Workers Compensation benefits which, when added to the employee's
Workers Compensation benefits, equals the employee's regular net
salary. The employee must make an election in writing to the Police
Officer's Bureau Commander to use R/L account hours to supplement
Workers' Compensation benefits.
6. Short-Term Disability Insurance
Protection against loss of income when a Police Officer is absent from work due to
a short term disability shall be provided to Police Officers covered under Plan"B"
through short-term disability insurance(SDI). There shall be no cost to the Police
Officer for SDI. SDI shall be administered in accordance with the terms
determined by the City. The City will seek recommendations from its benefits
committee. As one of the conditions of receiving SDI, the Police Officer may be
required to submit to a medical examination. The agreement between the City and
Third-Party Administrator of the SDI program will be available for review in the
City's InfoBase and at the Human Resource Management Office. At the request
and agreement of the Police Officer,the City may provide temporary light duty
assignments to Police Officers on SDI, provided a light duty assignment is
available, and the Police Officer provides proper medical releases.
7. Termination Benefits
At termination of employment for any reason, accumulated unused personal leave
hours,minus any adjustment necessary after calculating the"prorated amount,"
shall be paid to the employee at fifty percent(50%) of the hourly base wage rate
on the date of termination for each unused hour subject to appropriations of funds.
For purposes of this subparagraph, "prorated amount"shall mean the amount of
personal leave credited at the beginning of the plan year, multiplied by the ratio of
the number of months worked in the plan year(rounded to the end of the month
which includes the date of separation)to twelve (12) months.
J. Disability Compensation
Police Officers shall receive disability compensation pursuant to Utah Code as
interpreted by the Utah State Retirement Board.
K. 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:
SLPA Local 75 Page 27
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.
2. Police Officers must be unable to return to work due to the injury as verified
by a competent medical practitioner 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 value of benefits provided to Police Officers under this injury leave
program shall not exceed the total of Five Thousand Dollars($5,000)per
officer per injury,unless approved in writing by the Chief after receiving an
acceptable treatment plan and consulting with the City's Risk Manager.
5. The City's Risk Manager shall be principally responsible for the review of
injury leave claims.
6. The Police Department shall track the per-officer,per-injury benefit and shall
advise the City Risk Manager when the benefit has reached Three Thousand
Five Hundred Dollars ($3,500). Upon receipt of such notice, the Risk Manager
shall notify the Police Officer of the estimated date on which the maximum
benefit will be reached, said Police Officer may then request an increase in the
benefit as set forth in subparagraph 4 above or may then elect in writing to the
Risk Manager to use accumulated sick leave and/or authorized vacation time to
supplement the Police Officer's Workers Compensation disability benefit,not
to exceed the Police Officer's net salary.
7. "Net salary" for purposes of this provision shall mean gross compensation less
federal and state income tax and FICA withholdings.
ARTICLE X—LEAVE OF ABSENCE
A. Bereavement Leave
Bereavement Leave may be approved by the Chief or designee for the death of
persons who stood in loco parentis for a Police Officer or his or her spouse.
Time off with pay will be granted a full-time Police Officer who suffers the loss of a
wife, husband, child, stepchild, mother, father, stepmother, stepfather, sister,
stepsister, brother, stepbrother, father-in-law,mother-in-law, son-in-law, daughter-in-
law, grandchild, step-grandchild, grandfather, grandmother, step-grandmother, step
grandfather, grandmother-in-law, grandfather-in-law, domestic partner, and relatives
of a domestic partner listed above. In the event of the death of any of these persons, a
Police Officer or Police Sergeant will be paid his or her regular base for scheduled
SLPA Local 75 Page 28
work time from the time of death through the day of the memorial service not to
exceed forty(40)hours.
A Police Officer will receive one(1) additional shift of paid bereavement leave
following the memorial if the memorial is held more than one hundred fifty(150)
miles from Salt Lake City and the day following the memorial is a regular working
shift.
If relatives other than those listed above die, a Police Officer will be paid for one (1)
work shift from scheduled working hours while attending the relative's memorial
service.
In the event that a Police Officer's friend dies, a Police Officer may be granted time
off without pay while attending the memorial service, not to exceed one half shift,
subject to the approval of his or her immediate supervisor.
A Police Officer may be asked to provide proof of a death to his or her supervisor,
including the death's date and the memorial service's date and location.
If any family member identified above dies while a Police Officer is on vacation, his
or her vacation will be extended by the amount of time authorized as bereavement
leave.
Police Officers who are on an unpaid leave of absence are not entitled to Bereavement
Leave.
The Chief or designee has the discretion to grant a Police Officer additional
bereavement leave.
B. Family Medical Leave Act(FMLA) (Informational Only)
Benefits in this Article are for the purpose of continuing income to employees during
absences due to illness, hospitalization, or other specifically identified reasons. Some
of these absences may qualify under the Family and Medical Leave Act(FMLA).
FMLA is a federal law that provides a period of unpaid leave each year and protects
jobs and health care benefits for Police Officers who need to be off work for certain
"family and medical"reasons. Police Officers may obtain a complete copy of the
City's FMLA policy on the City's intranet or may request a copy from the City's
Division of Human Resource. The City requires all employees using FMLA leave to
exhaust their paid leave allotments for FMLA qualifying events prior to taking unpaid
FMLA leave. For additional information refer to the Family Medical Leave Act
Policy 3.01.07 at\:‘w«°.slegov.corn or contact your Human Resource Consultant.
C. Military Leave
1. Leave for Police Officers Who Enter Military Service
Police Officers who enter the services of the United States, including the United
States Army, United States Navy, United States Marine Corps, United States Air
Force, United States Coast Guard or commissioned corps of the Public Health
Service, shall be entitled to be absent from their duties and service with the City,
without pay, as required by state and federal law.
SLPA Local 75 Page 29
2. Leave While on Duty with Armed Forces or Utah National Guard
Police Officers who are or who shall become members of the United States Army,
United States Navy, United States Marine Corps, United States Air Force, and the
United States Coast Guard, any unit of the Utah National Guard, or commissioned
corps of the Public Health Service shall be allowed full pay for all time not in
excess of 11 working days per calendar year spent on duty with such agencies.
This leave shall be in addition to the annual vacation leave with pay. To qualify, a
Police Officer claiming the benefit under this provision shall provide
documentation to the City demonstrating duty with such agencies. To qualify,the
duty does not have to be consecutive.
D. Leave for Jury Duty
Police Officers are entitled to all statutory jury fees. The City will not reduce a Police
Officer's salary because of jury service.
A Police Officer must give his or her supervisor as much advance notice as possible of
jury service that may require him or her to be absent from work.
If a Police Officer is excused from jury service during his or her normally scheduled
shift, he or she will return to work or arrange for leave time for the balance of the
shift. Time spent in jury service, whether on or off duty,will be credited towards that
day's work shift.
E. Dependent Leave (Plan "A"Only)
1. Dependent leave of absence may be requested by Police Officers for FMLA-
qualified reasons.
2. Dependant leave may also be requested by Police Officers to care for a Police
Officer's child, spouse, or parent who is ill or injured, but does not have a
serious health condition(non-FMLA qualified event).
3. The following provisions apply to the use of dependent leave:
a. Dependant leave may be granted with pay on a straight-time basis.
b. For dependant leave used for an FMLA-qualified event, Police Officers
shall be entitled to use as dependant leave all accumulated unused sick
leave.
c. For non-FMLA-qualified events, Police Officers shall be entitled to use
sick leave as dependant leave.
d. Police Officers must give notice, with documentation upon request, to
their supervisor as soon as possible under the circumstances.
e. Police Officers' sick leave shall be reduced by the number of hours
taken as dependant leave under this Article provided,however, that
forty(40)hours of dependant leave used during the calendar year will
not affect the sick leave conversion options of this MOU.
SLPA Local 75 Page 30
F. Additional Leave of Absence
Police Officers shall be eligible for additional leaves of absence without compensation
at the discretion of the City.
ARTICLE XI—TUITION AID,UNIFORM,K-9,AUTOMOBILE,TRAVEL,AND
BLOOD DRAW ALLOWANCES
A. Tuition Aid
Police Officers shall be eligible to participate in the City's Tuition Reimbursement
Program.
B. Uniform Allowance
1. Effective July lof each year covered by this MOU, Police Officers may
purchase authorized uniform, clothing, or equipment items up to Four Hundred
Fifty Dollars($450)per fiscal year.
2. Police Officers in uniform assignments will be given a voucher redeemable for
the authorized amount at any uniform or equipment vendor. The Department
will arrange for the recognition of such vouchers by uniform or equipment
vendors. Police Officers in plain clothes assignments will be issued a separate
check in the authorized amount by the 15th of July each 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 provided a cleaning allowance of Twenty-Two Dollars
($22)per pay period.
5. During the term of this MOU, the City and the Association agree to jointly
study a Quartermaster System. This study will be directed by the Chief and the
President of the Association,working cooperatively. A Quartermaster System
would involve the purchase of all uniforms equipment.
If the study results in a mutually agreeable Quartermaster System during the
term of this MOU, an addendum to this MOU shall be added.
C. K-9 Squad Allowance
Police Officers assigned to the K-9 squad will be compensated as follows:
1. Police Officers shall be allowed ten(10)hours per month to care for the police
service dog. Such hours shall be counted as part of the Police Officer's regular
work shift(s).
2. Police Officers shall be provided ten(10) hours per month while off duty, at
the rate of one-and-one-half(1%2)times their wage rate, to care for the police
SLPA Local 75 Page 31
service dog. No more than ten(10) hours per month shall be spent off duty to
care for the police service dog unless authorized by the Police Officer's
supervisor.
D. Automobile and Travel Allowances
The City will pay automobile and travel allowances pursuant to the City and SLCPD
Policies.
E. Blood Draw Callout
Police Officers who participate in an evidentiary Blood Draw Program, and are called
to a scene to perform blood draw duties shall receive a minimum of two (2)hours
compensation at one and one half times their wage rate, or one and one half times their
wage rate for actual hours worked, whichever is greater for each blood draw
performed.
Off-duty Police Officers who participate in an evidentiary Blood Draw Program shall
be used first to perform blood draws. If no off-duty Police Officers are available the
City may use on-duty Police Officers for this function.
On-duty Police Officers will not receive overtime compensation for a blood draw
unless the blood draw extends past the end of their regularly scheduled shift. If the
blood draw duties extend past the end of a Police Officer's regularly scheduled shift,
the Police Officer shall receive two (2)hours compensation at one and one half times
their wage rate or compensation at one and one half times their wage rate for time
worked past the end of their regularly scheduled shift,whichever is greater.
The selection, training and scheduling of Police Officers for an evidentiary Blood
Draw Program will be established by SLCPD Policy developed by the Chief and the
Association President.
ARTICLE XII-INSURANCE
A. Life,Accidental Death and Dismemberment,Dental, and Health Insurance
1. The City will make available life, accidental death and dismemberment; dental;
and health insurance to all Police Officers covered under this MOU,upon the
terms and conditions as may be from time to time determined by the City.
2. A premium payment shall be deducted biweekly consistent with the pay
periods. The premium payment rates are attached as Appendix D.
3. The City will make available an Employee Assistance Program that will
provide counseling by an outside independent firm.
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B. Post Employment Health Plan
The City will participate in the Nationwide Post Employment Health Plan(PEHP), as
adopted by the City by contract and ordinance. The City will contribute Twenty-Four
and 30/100 Dollars ($24.30)per pay period into each Police Officer's PEHP account.
In fiscal years with twenty-seven(27)pay periods, contributions will not be on the
27th pay period.
ARTICLE XIII—PENSION PLAN CONTRIBUTION
A. Non Contributory Retirement System
For Police Officers enrolled in the Public Safety Noncontributory Retirement System,
as defined in state code,the City shall make the entire contribution to the Utah State
Retirement Fund as required by the statute.
B. Longevity Benefit
The City will pay the pension contribution on a Police Officer's longevity benefit,
which is defined in Article V.
C. Career Path Incentive
The City will pay the pension contribution on a Police Officer's career path incentive
pay.
ARTICLE XIV—RESERVE OFFICERS
A. Exclusion from MOU
Reserve Officers, as defined in SLCPD policy, are excluded from the terms and
conditions of this MOU.
B. Use of Reserves
1. The City shall not replace authorized full-time Police Officer positions in
SLCPD with reserve officers. In the event the City reduces the number of full-
time Police Officer positions it authorizes to be maintained in SLCPD,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.
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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.
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.
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 regard 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 XV—PROCEDURAL RIGHTS
It is the intent of this Article to provide procedural safeguards to Police Officers who are
under investigation for alleged acts or omissions which if proven could result in discipline.
A. Police Officers'Procedural Rights during Investigative Interviews
The procedural rights in this section do not apply to routine, initial inquiries, coaching,
instruction, or direction given Police Officers by their supervisor.
1. Prior to interview,the Police Officer shall be advised of the following:
a. The nature of the matter being investigated;
b. The specific allegation(s) of misconduct, if any, against the Police
Officer being interviewed;
c. The date, time, and location of the matter that gave rise to the
allegation(s);
d. All rights and obligations pertaining to the Garrity rule;
e. The Police Officer's right to have representation as provided in Article
IV.
2. The interview shall specifically and narrowly focus on the job related conduct
of the Police Officer.
3. A recording of the interview session of the Police Officer shall be made. The
Police Officer may make a recording of the interview session,provided
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however, that no recording shall take place without the knowledge of all
parties present.
4. Before a Police Officer is re-interviewed regarding information provided by
the Police Officer in a previous interview, the Police Officer shall be afforded
a reasonable opportunity to review a transcript or recording of the Police
Officer's previous interview(s) and to have the transcript available during any
subsequent interview(s).
B. Limitations of Investigations
1. 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 that are 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, or
c. Be a person with significant personal knowledge of the facts giving rise
to the investigation.
2. Persons deciding the disposition of an investigation may not be the person who
made the initial allegation(s), either directly or indirectly.
C. Dispositions and Time Limits
1. The Police Officer shall be notified, in writing, of the final disposition of any
investigation, including a disposition of each allegation, and the disciplinary
action to be administered, if applicable,within seventy-five(75)calendar days
from the date the complaint was initiated, unless an extension is granted by the
Chief or appropriate City official for non-department investigations. 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.
2. In the event the Police Officer is notified that the preliminary disposition of an
investigation includes a sustained charges(s) of misconduct, a pre-disciplinary
hearing will be held no sooner than ten(10) no later than twenty(20) calendar
days from the date such notice is received by the Police Officer unless
otherwise mutually agreed by the Association and the City, or unless otherwise
mutually agreed upon by the Police Officer and the Chief or appropriate City
official.
D. Polygraphs
1. Police Officers may not be compelled to submit to a polygraph examination.
Disciplinary action may not be taken against Police Officers refusing to submit
to a polygraph examination, nor may any comment be entered anywhere in the
SLPA Local 75 Page 35
investigator's notes or elsewhere indicating the Police Officer refused to
submit to a polygraph examination.
2. Testimony or evidence is not admissible at any subsequent judicial or
administrative hearing,trial, or proceeding to the effect that the Police Officer
refused to submit to a polygraph examination.
E. Procedural Safeguards during Disciplinary Process
The administrative appeal process described in Article XVI shall provide, at a
minimum, the following procedural safeguards:
1. Pre-disciplinary Hearing
a. Prior to any pre-disciplinary hearing, Police Officers and their
representatives will be afforded a reasonable opportunity to examine all
evidence being relied upon by the City.
b. Police Officers will be provided with a notice of charges, a statement of
the grounds for the charges and the evidence relied upon;
c. Police Officers shall be afforded an opportunity to respond to said
charges.
2. Post-disciplinary Appeal
a. Police Officers and their representatives shall have an opportunity to
review all evidence being relied upon by the City at least fourteen(14)
calendar days prior to any appeal proceedings. Any evidence not
provided to the Police Officers or their representatives for reasons of
confidentiality or other reasons cannot be used in an appeal proceeding.
b. Police Officers shall have the right to cross examine the City's
witnesses, call witnesses in their own behalf, and to give rebuttal
evidence to the charges;
c. Police Officers shall have the right to representation as provided in
Article IV;
d. The post disciplinary appeal shall be heard by an impartial trier of fact
as prescribed herein;
e. The decision of the trier of fact, within its jurisdiction as provided in
Article XVI and XVII, shall be based solely on the evidence adduced at
the hearing;
f. A complete and accurate record will be made of the hearing;
g. Police Officers may not be subjected to disciplinary action,
discrimination in any aspect of employment, or denied promotion, or
threatened with any of these because of the lawful exercise of these
rights.
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F. Remedy
1. Police Officers shall not be subjected to disciplinary action except upon
compliance with the procedural rights provided in this Article.
2. A Police Officer, or the Association may bring claims that this Article has not
been complied with by using the procedural grievance process provided in
Article XVI.
3. In the event the Chief finds this Article has not been complied with, the Chief
shall take such steps as necessary to bring the matter into compliance with
these procedural rights.
4. If a procedural grievance arises prior to the matter being submitted by the
investigator for preliminary disposition,the matter will not be submitted by the
investigator for preliminary disposition until the grievance is resolved.
5. If a procedural grievance arises after the matter has been submitted for
preliminary disposition, the matter will not proceed to the pre-disciplinary
hearing or for final disposition or discipline until the grievance is resolved.
6. If a procedural grievance arises after final disposition and/or discipline has
been administered,the Chief shall reevaluate the final disposition.
7. If the Chief determines there should be a change in the final disposition of the
matter, the discipline shall be modified or rescinded to reflect the change in the
final disposition.
ARTICLE XVI—GRIEVANCE PROCEDURE
It is the intent of the City and the Association to adjust grievances in a manner mutually
satisfactory to the Police Officers,the Association, and the City at the lowest possible level
within the framework of existing laws and regulations.
A. Scope of Grievances
This Article provides a separate procedure for the resolution of each of the following
categories of grievances:
1. Contractual grievances;
2. Disciplinary grievances;
3. Grievances on a sustained charge of misconduct when no disciplinary action is
taken.
4. Procedural grievances.
B. Grievance Procedure
1. Contractual Grievance
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a. A contractual grievance is an allegation by the Association that the City
has violated an express provision of this MOU,provided however, that
Articles I, XV, XVII,XXI, XXII, XXIII,XXIV, and XXV of this
MOU 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 MOU
except for the Articles described above. A contractual grievance shall
not include disciplinary grievances or claims that procedures in Article
XV 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 Chief
within thirty(30) calendar days after the event giving rise to the
grievance or thirty(30) calendar days after the Association should
reasonably have learned of the event giving rise to the grievance,
whichever is later. The Chief shall give a written answer to the
Association within thirty(30) calendar days after receipt of the
grievance.
Step 2 If the grievance is not settled at Step 1, the Association may,
within fifteen(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 fifteen(15)
calendar days following receipt of the grievance.
Step 3 If, after completion of steps 1 and 2, the grievance is not
resolved,the Association may submit the contractual grievance to
arbitration. The decision of the arbitrator shall be final and binding.
2. Disciplinary Grievance
a. For the purposes of this MOU, there are two categories of disciplinary
grievances:
i. 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 MOU as"Summary Discipline." For purposes of this
MOU, adverse annual merit evaluations shall also be defined as
"Summary Discipline."
ii. Those disciplinary actions taken by the City which result in a
denial or postponement of a merit increase or a suspension
without pay of twenty-four(24)hours or less, referred to in this
MOU as "Punitive Discipline."
SLPA Local 75 Page 38
b. Disciplinary action taken by the City which results in a suspension of
more than three(3) days or twenty-four(24) hours or termination must
be appealed by the Police Officer as provided by statute and Civil
Service Rules and Regulations. The procedural steps for resolution of a
disciplinary grievance shall be as follows:
i. Summary Discipline
• Police Officers may appeal summary discipline by filing
a written request for appeal with the Chief's office
within ten(10) calendar days from the date the Police
Officer receives the summary discipline.
• 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.
• Any hearing(s) conducted hereunder shall comply with
the post disciplinary procedural safeguards provided in
Article XV.
c. The Chief shall give the Police Officer a written decision within 30
calendar days of receiving the appeal. The Chief's decision is final and
binding.
i. Punitive Discipline
• After the Chief has issued punitive discipline, a Police
Officer may appeal the Chiefs decision to arbitration. The
decision of the arbitrator shall be final and binding.
3. Grievances on a Sustained Charge of Misconduct When No Disciplinary
Action is Taken
In the event the City sustains a charge of misconduct against a Police Officer
but takes no disciplinary action, the Police Officer or Police Sergeant may
appeal the sustaining of the charge of misconduct by following the procedure
provided herein.
a. A Police Officer may appeal a sustained charge of misconduct by filing
a written request for appeal with the Chiefs office within ten(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.
b. If the City does not provide the Police Officer notice in writing, the
Police Officer may appeal the sustained charge of misconduct within
twenty(20) calendar days from the date the Police Officer learns of the
sustained charge of misconduct.
SLPA Local 75 Page 39
c. 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.
d. The Chief shall give the Police Officer a written decision within forty-
five (45) calendar days of receiving the appeal. The Chief's decision is
final and binding.
4. Procedural Grievance
a. A procedural grievance is an allegation by a Police Officer, or the
Association that the City has violated an express provision of Article
XV of this MOU.
b. A procedural grievance shall be confined exclusively to the
interpretation and/or application of the express provisions of Article
XV of this MOU.
c. The steps for resolution of a procedural grievance shall be as follows:
Step 1 The Police Officer, or the Association shall file a written
grievance with the Chief within fifteen(15) calendar days after the
event giving rise to the grievance or fifteen(15) calendar days after the
Police Officer, or Association should reasonably have learned of the
event giving rise to the grievance whichever is later.
Step 2 The Chief shall give a written answer to the Police Officer, or
Association within fifteen(15) calendar days after receipt of the
grievance.
C. General Rules
1. The time limitations set forth in this Article are of the essence. The City,the
Association, and the Police Officer(for disciplinary or procedural grievances)
may mutually agree to extend the time limits in writing. No grievance shall be
accepted by the City unless it is submitted within the time limits set forth in
this Article unless mutually agreed to in writing.
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, 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.
SLPA Local 75 Page 40
5. A Police Officer may be represented as provided in Article IV.
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. When filing a contractual or procedural grievance,the Association shall state
the basis for the grievance, the relevant facts, and the specific provision(s) of
this MOU 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.
8. 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 discovery of additional evidence relating to the appeal.
9. Such additional evidence discovered in subparagraphs 7 and 8 above, shall be
communicated to the City as soon as possible upon discovery. If the additional
evidence is conveyed to the City within ten(10) calendar days prior to a
scheduled hearing date,the hearing date shall be continued for fifteen(15)
calendar days.
ARTICLE XVII—ARBITRATION PROCEDURE
A. Scope of Arbitration
1. Contractual grievances and disciplinary grievances involving punitive
discipline as defined in Article XVI of this MOU,that have been properly and
timely processed through the grievance procedure set forth in Article XVI and
that have not been settled at the conclusion thereof, may be submitted to
arbitration by serving the City with written notice within ten(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 timely written notice shall constitute a waiver
of the Police Officer's, or Association's right to submit 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 ten(10) calendar days after the Association or the Police Officer serves
the City with such written notice the City, the Association, and 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, the Association, and the Police Officer a list of seven(7) qualified
and impartial arbitrators. Within ten(10) calendar days after receipt of that list
by the City, the City, 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.
SLPA Local 75 Page 41
2. The City, the Association, or the Police Officer may mutually agree to select
another independent party 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 MOU
at issue between the Association and the City; provided, however, that
the arbitrator shall not have jurisdiction to interpret or apply Articles I,
XV, XVII, XXI, XXII, XXIII, XXIV, and XXV of this MOU.
b. The arbitrator shall have no authority to add to, detract from, alter,
amend or modify any provision of this MOU, to impose on either party
a limitation or obligation not expressly provided for in this MOU; or to
establish or alter any wage rate or wage structure.
c. The arbitrator does not have jurisdiction to require the City to make or
incur expenditures or encumbrances in excess of total appropriations
for SLCPD 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. Arbitration Record
All hearings before the arbitrator shall be formal and transcribed by a certified court
reporter, with all witnesses placed under oath.
E. Arbitrator's Decision
1. The arbitrator shall proceed to decide the grievance according to the rules
established by the arbitrator 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.
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F. Cost and Fees of Arbitration
1. The expenses, fees and other compensation of any witnesses called before the
arbitrator shall be paid by 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 non-
prevailing party in the arbitration. The arbitrator shall designate the non-
prevailing party.
ARTICLE XVIII- COMMITTEES
A. Safety Committee
The City and the Association will establish a joint safety committee to make policy
and equipment recommendations to the Chief. The committee shall recommend
specifications for police equipment such as,but not limited to, vehicles prisoner
transport cages,prisoner restraints, helmets and ballistic vests.
The City shall provide each Police Officer a helmet,ballistic vest, reflective vest,
flashlight, flashlight holder, and flashlight traffic cone.
B. Secondary Employment Committee
The SLCPD and the Association will jointly establish a secondary employment
committee to make policy recommendations to the Chief related to all aspects of
secondary employment. The committee may review a suspension from secondary
employment and provide the Chief a recommendation related to that suspension.
C. Car per Officer Committee
The SLCPD and the Association will jointly establish a car per officer committee to
make policy recommendations to the Chief The committee may review a suspension
from the program and provide the Chief a recommendation related to that suspension.
D. Retirement COLA Increase
The City and the Association have jointly established a committee to discuss a funding
mechanism to increase retirees' COLA as allowed by Utah statute. The committee
will provide a recommendation to the Mayor no later than October 1, 2010.
SLPA Local 75 Page 43
ARTICLE XIX—PERSONNEL FILES
A. Access to Files
Police Officers shall,upon reasonable notice,be provided access to their individual
Internal Affairs files or personnel files under the following guidelines:
1. Access to Internal Affairs files shall be in accordance with the provisions
stated in SLCPD's Policy Manual.
2. Access to the Police Officer's personnel file shall be in accordance with the
provisions in the Salt Lake City Corporation Policies and Procedures Manual.
The City and SLCPD will maintain policies which allow a Police Officer to have
access to his or her Internal Affair files and personnel files.
B. Entries into Personnel Files
1. A document adverse to Police Officers' employment may not be entered in
their personnel files (which exclude the Internal Affairs files)without the
Police Officer having first read and signed the document.
2. The entry may be made, if after reading the document, the Police Officer
refuses to sign it. The Police Officer's refusal to sign shall be noted in the
document. Police Officers have fourteen(14) calendar 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 XX—LAYOFFS
Whenever it is necessary to reduce the number of Police Officers in SLCPD because of lack
of work or lack of funds, the City shall first lay off probationary Police Officers. A laid off
Police Sergeant shall be returned to a Police Officer position. If further layoffs are necessary,
Police Officers shall be laid off in inverse order of departmental seniority as a Police Officer
and rehired pursuant to the Rules established by the Salt Lake City Civil Service
Commission. In the absence of a reason for not rehiring a laid off Police Officer, the Chief's
intent is to rehire laid off Police Officers based upon departmental seniority.
ARTICLE XXI—TERM OF AGREEMENT
This MOU shall be effective from July 1, 2010 to June 23, 2012. The parties may,by mutual
written consent, agree to an amendment to this MOU.
It is understood by the City and the Association that if the City Council, in its adoption of the
City's final budget for any fiscal year covered by this MOU, does not appropriate monies to
SLPA Local 75 Page 44
fund all economic provisions of the MOU. The MOU shall be reopened within ten(10) days
after adoption of that fiscal year 2011 final budget.
ARTICLE XXII—LIMITATION ON PROVISIONS
It is understood by the Association and the City that certain provisions of this MOU 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.
The provisions hereof shall become effective only to the extent that they are capable of
implementation within the appropriate and established income level of the City, and shall not
act to impose directly or indirectly any new tax structure or infringe upon the prerogatives of
the City Council to make or refrain from making an appropriation.
ARTICLE XXIII—STRIKES AND WORK STOPPAGES
Continuous and uninterrupted service by the City and Police Officers, to the citizens and
orderly collective bargaining relations between the City and Police Officers,being essential
considerations of this MOU, the 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:
• A concerted failure to report for duty;
• A concerted absence of Police Officers from their positions;
• A concerted stoppage of work;
• A concerted submission of resignations; or
• 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.
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.
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ARTICLE XXIV—WAIVER CLAUSE
This MOU supersedes all prior practices and agreements, whether written or oral,unless
specifically stated to the contrary herein. This MOU constitutes the complete and entire
agreement between the parties and concludes collective bargaining throughout the term of this
MOU.
Except as provided for in Article XXI hereof, The City and the Association waive and
relinquish the right to re-open or initiate collective bargaining negotiations during the term of
this MOU with respect to any issue, including without limitation(i) issues covered in this
MOU; (ii) issues not covered in this MOU, whether intentionally, by inadvertence, or
otherwise; or(iii) any issues that may arise due to new or changed circumstances that were
not contemplated at the time these negotiations were conducted.
ARTICLE XXV—ENABLING CLAUSE
It is understood by the parties that the provisions of the MOU shall not be binding upon the
parties, either in whole or in part,until the City shall:
• Act by majority vote of its governing body to approve said MOU;
• Enact ordinances, resolutions, or take other action required to implement said MOU
by general legislation;
• Act to appropriate necessary funds required to implement the full provisions of the
MOU which requires funding for each year of its existence.
ARTICLE XXVI- FISCAL YEAR 2011 WAGES
Due to the current economic crisis, the City suspended payment of one and one-half percent
(1.5%) of all Police Officers' wages and also suspended merit increases during Fiscal Year
2010. In exchange for these suspensions,the City provided one personal holiday each quarter
of Fiscal Year 2010.
For Fiscal Year 2011, the City and Association have agreed to lift the one and one-half
percent(1.5%) suspension of wages. The City and Association have also agreed that all
Police Officers entitled to receive a merit increase during Fiscal Year 2010 will receive that
merit increase effective July 1, 2010. (The pay schedule is attached as Appendix"A").
The City will suspend payment of further merit increases beginning July 1, 2010 and ending
no later than June 30, 2011.
The City agrees it will meet with the Association to review the merit suspensions each quarter
during fiscal year 2011 to determine if it can reinstate the suspended merits.
SLPA Local 75 Page 46
Additionally,the City will provide each Police Officer one(1) additional personal holiday
during fiscal year 2011. A Police Officer who does not take this additional personal holiday
during fiscal year 2011 will forfeit that day. This personal holiday will not count towards
holiday carryover during calendar year 2010.
ARTICLE XXVI I—JOINT AGREEMENTS—LIMITED REOPENERS
Personal Leave/Vacation
The Association and City agree to jointly study this MOU's provisions related to the award,
accrual and use of personal leave and vacation time before December 31, 2010. The
Association and City agree that there will be a limited reopener of the provisions of this MOU
in the Spring of 2011 to negotiate potential changes to this MOU's provisions related to
personal leave and/or vacation time if the Association and the City agree to change this MOU
provision related to personal leave and/or vacation time, an addendum will be added to this
MOU.
SLPA Local 75 Page 47
IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and
year first above written.
SALT LAKE CITY CORPORATION
By:
RALPH E. BECKER
MAYOR
ATTEST:
CITY RECORDER
SALT LAKE POLICE ASSOCIATION
By:
THOMAS GALLEGOS
PRESIDENT
By:
ANDREW LEONARD
VICE PRESIDENT
SLPA Local 75 Page 48
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
On the day of June 2010, personally appeared before me Thomas Gallegos and Andrew
Leonard who being by me duly sworn, did say that they are the President and Vice President
of SALT LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, LOCAL 75, AFL-CIO,that the foregoing instrument was signed on behalf
of said association by authority of a resolution of its board of directors; and said persons
acknowledged to me that said association executed the same.
NOTARY PUBLIC
Residing in Salt Lake County, Utah
My Commission Expires:
Approved as to form
RALPH E. CHAMNESS
Senior City Attorney
SLPA Local 75 Page 49
APPENDIX A—WAGE SCHEDULES
POLICE OFFICERS
500 SERIES BASE WAGE SCHEDULE
Effective July 1,2010—June 25, 2011
Step A-Days B-Afternoons C - Graveyards
Hourly Bi-Weekly Hourly Bi-Weekly Hourly Bi-Weekly Years of
Grade Rate Equivalent Rate Equivalent Rate Equivalent Service*
502 $18.55 $1,484.00 $19.01 $1,520.80 $19.48 $1,558.40 Entry
503 $19.77 $1,581.60 $20.26 $1,620.80 $20.76 $1,660.80 1
504 $21.03 $1,682.40 $21.56 $1,724.80 $22.08 $1,766.40 2
505 $22.30 $1,784.00 $22.86 $1,828.80 $23.42 $1,873.60 3
506 $23.59 $1,887.20 $24.18 $1,934.40 $24.77 $1,981.60 4
507 $24.56 $1,964.80 $25.17 $2,013.60 $25.79 $2,063.20 5
508 $26.20 $2,096.00 $26.86 $2,148.80 $27.51 $2,200.80 6
509 $27.22 $2,177.60 $27.90 $2,232.00 $28.58 $2,286.40 7
510 $28.52 $2,281.60 $29.23 $2,338.40 $29.95 $2,396.00 8+
SLPA Local 75 Page 50
APPENDIX B-INSURANCE
APPENDIX B-INSURANCE INFORMATION
Bi-Weekly Group Insurance Premiums 2010/2011
PEHP MEDICAL PLANS
Preferred Care CITY SHARE EMPLOYEE SHARE
Single 142.72 87.36
Double 321.14 206.91
Family 428.17 262.17
Advantage Care Single 142.72 58.77
Double 321.14 178.32
Family 428.17 233.58
Summit Care
Single 142.72 25.19
Double 321.14 56.67
Family 428.17 75.56
DENTAL PLANS
PEHP Preferred EMPLOYEE SHARE
Single 13.99
Double 28.26
Family 36.98
PEHP Traditional
Single 16.45
Double 33.12
Family 43.34
PEHP BASIC TERM LIFE
(coverage reduces at age 71) CITY SHARE EMPLOYEE SHARE
$50,000 2.81 0.00
PEHP BASIC AD&D
(coverage ceases at age 70)
$50,000 2.06 0.00
LONG TERM DISABILITY
(Police Dept. pays premium for sworn officers) 10.50
PEHP DEPENDENT CHILD TERM LIFE
$5,000 0.24
$7,500 0.37
$10,000 0.48
SLPA Local 75 Page 51
APPENDIX B - INSURANCE, Cont.
Bi-Weekly Group Insurance Premiums 2010/2011
PEHP OPTIONAL AD&D (coverage ceases at age 70)
AMOUNT EMPLOYEE FAMILY
25,000 0.43 0.58
50,000 0.85 1.14
75,000 1.28 1.72
100,000 1.69 2.28
125,000 2.12 2.85
150,000 2.54 3.42
175,000 2.97 3.99
200,000 3.39 4.57
225,000 3.82 5.13
250,000 4.23 5.71
PEHP ACCIDENT WEEKLY INDEMNITY (salary limitation)
MONTHLY SALARY MAX $ PREMIUM
< 250 25 0.12
251 to 599 50 0.24
600 to 700 75 0.35
701 to 875 100 0.46
876 to 1050 125 0.58
1051 to 1200 150 0.70
1201 to 1450 175 0.81
1451 to 1600 200 0.93
1601 to 1800 225 1.04
1801 to 2164 250 1.16
2165 to 2499 300 1.39
2500 to 2899 350 1.62
2900 to 3599 400 1.86
3600 > 500 2.32
PEHP ACCIDENT MEDICAL EXPENSE
COVERAGE PREMIUM
2,500 0.38
PEHP OPTIONAL EMPLOYEE & SPOUSE TERM LIFE
AGE 450,000 ma> RATES PER 1000
< 30 0.0231
30 - 35 0.0247
36 - 40 0.0347
41 - 45 0.0425
46 - 50 0.0806
51 - 55 0.0968
56 - 60 0.1544
* 61 - > 0.2618
*After age 70, coverage reduces but rates remain the same
SLPA Local 75 Page 52
ATTACHMENT 1
SLPA Local 75 Page 53
R 09-1
R 09-2
Resolution 5 of 2009
Collective Bargaining and Employee Representation Joint Resolution
Adopting a joint resolution recognizing Salt Lake City's existing
relationship with the American Federation of State, County and
Municipal Employees, Local 1004, AFL-CIO ("AFSCME"); the
International Association of Firefighters Local 1645, AFL-CIO
("IAFF"); and the Salt Lake Police Association, International Union of
Police Associations, Local 75, AFL-CIO ("SLPA"), authorizing the
continuation of those relationships, recognizing the role collective
bargaining plays in those relationships and establishing the guidelines
for collective bargaining.
WHEREAS, Utah law allows Salt Lake City to establish rules and regulations which are
not inconsistent with Utah law; and
WHEREAS, the residents of Salt Lake City are entitled to the orderly and uninterrupted
operations of their government; and
W.HERAS, the City has committed to: engage employees in training and career
development; engage employees in organizational improvements;provide a fair,respectful,
cooperative, and safe work environment; ensure accountability of employees, supervisors, and
managers; celebrate success and achievement with City employees; and support employees'
work/life balance; and
WHEREAS, discussions with employees related to the terms and conditions of their
employment will enable City management to increase productivity, fiscal stability and ensure a
high level of employee morale; and
'WHEREAS,the Salt Lake City Council and the Salt Lake City Mayor agree that it is in
the best interest of Salt Lake City and its employees to allow certain groups of employees to
collectively bargain; and
WHEREAS, collective bargaining allows Salt Lalce City and its employees to jointly
promote harmonious and cooperative relationships between City government and its employees,
both collectively and individually; and
WHEREAS, the City has a history of successfully negotiating agreements relating to the
terms and conditions of employment with the American Federation of State, County and
Municipal Employees, Local 1004,AFL-CIO; the International Association of Firefighters Local
1645, AFL-CIO; and the Salt Lake Police Association, International Union of Police
Associations,Local 75, AFL-CIO; and
WHEREAS, the Salt Lake City Council and the Mayor agree that this Resolution
replaces the Third Amended Labor Bargaining Resolution, Resolution 41 of 1984, and will
establish the outline of how to achieve these goals.
NOW,THEREFORE, it is hereby jointly declared by the Salt Lake City Council and the
Salt Lake City Mayor as follows:
1. DEFINITIONS. As used in this Resolution:
(a) "AFSCME"means the American Federation of State, County and
Municipal Employees,Local 1004,AFL-CIO.
(b) "CITY"means Salt Lake City, a Utah municipal corporation.
(c) "CONFIDENTIAL EMPLOYEE"means an employee identified by the
City who has access to information relating to the City's formation,
execution, administration or review of the City's bargaining positions.
(d) "ELIGIBLE EMPLOYEE"means any person who is employed on a full
time basis by the City except for:
(1) Elected officials;
(2) An employee in the probationary period of his/her original
appointment as defined by City policy;
(3) Any"at-will"employee;
(4) Any administrator,manager or supervisor who may have direct
charge of an employee or any group of employees.
(5) Any employee assigned to the Mayor's Office;
(6) Any employee assigned to the City Council's Office; and
(7) Any employee designated by the City. `I
(e) "EMPLOYEE ORGANIZATION"means AFSCME, IAFF or SLPA.
(I) "EMPLOYER"means Salt Lake City Corporation.
(g) "EXCLUSIVE REPRESENTATIVE"or"EMPLOYEE
REPRESENTATIVE UNIT"or"CERTIFIED EMPLOYEE
2
ORGANIZATION"means AFSCME, IAFF or SLPA (collectively
"unions").
(11) "IAFF"means the International Association of Firefighters, Local 1645,
AFL-CIO.
(i) "IMPASSE"means a deadlock in negotiation between a union and the
City over any matters required to be negotiated in this Resolution, or over
the scope of the subject matter of negotiations.
(j) "LEGISLATIVE BODY"mean the Salt Lake City Council.
(k) "NEGOTIATION"means the good faith process by which the City and
the unions meet to confer regarding wages, hours and other terms and
conditions of employment, and includes the obligation to sign a document
outlining the parties' agreement.
(I) "SLPA"means the Salt Lake Police Association,International Union of
Police Associations,Local 75,AFL-CIO.
(in) "STRIKE"means:
(I) The concerted failure to report for duty;
(2) The concerted absence of employees from their positions;
(3) The concerted stoppage of work;
• (4) The concerted submission of resignations;
(5) The concerted abstinence, in whole or in part, by any group of
employees from the full, faithful and proper performance of the
duties of employment for the City for the purpose of inducing,
influencing, condoning or coercing a change in the terms and
conditions of employment, including sick calls, sick-outs, slow-
downs 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.
(n) "TERMS AND CONDITIONS OF EMPLOYMENT"means wages,
salaries,working conditions, hours and benefits except as specifically
modified in this Resolution.
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•
2. CITY RIGHTS AND OBLIGATIONS.
(a) The City has the exclusive right to detennine the mission of each of its
departments,hoards and commissions,consistent with Utah statutes,City
ordinances and the provisions of this Resolution,and to set standards of
service to he offered to the public,and to exercise control and discretion
over its organization and operation.
(b) It is the exclusive right of the City to:
(1) Hire and direct its employees;
(2) Classify its employees for compensation purposes;
(3) Take disciplinary action for proper cause;
(4) Relieve its employees from duty because of lack of work,funds or
other legitimate reason;
(5) Maintain the efficiency of its governmental operation;
(6) Determine the method,means and personnel by which the City's
operations are to be conducted;and
(7) Take whatever actions the City deems necessary to carry out its
responsibilities in situations of an emergency.
(c) The City intends to:
(I) Negotiate in good faith with the unions;
(2) Compensate its employees m a fiscally responsible manner;
(3) Provide,subject to the availability of funds:
(i) appropriate training to union officers,board members and
stewards;
(ii) appropriate labor management committees and processes;
and
(iii) paid time for each union's officers,board members and
stewards to conduct appropriate union business.
4
(4) Meet and confer with a union prior to making a decision to
privatize any City function which would impact any employee
represented by a union;
(5) Meet and confer with a union prior to designating an employee as
ineligible for union representation; and
(6) Notify the appropriate union prior to reclassifying an employee's
position in a manner which makes the employee ineligible for
further union representation. •
3. EMPLOYEE RIGHTS.
(a) Eligible employees have the right to form,join and participate in union
activities for the purpose of representation on all matters of employee
relations described in this Resolution.
(b) City employees have the right to refuse to join or participate in any union
activity and have the right to represent themselves individually in their
employment relations with the City.
(c) An eligible employee has the right to not participate in any and all union
activities. No union shall coerce an eligible employee into joining,
participating, assisting, supporting or in any other way contributing to the
success or operation of a union. No eligible employee shall be interfered
with, intimidated,restrained,coerced or discriminated against because of
the exercise,or refusal to exercise, any of the rights contained in this
Resolution.
(d) This Resolution shall not prevent any employee:
(1) From bringing personal concerns to City officials' attention;
(2) From acting in his/her own behalf or choosing her/his own
representative in a grievance or judicial action; or
(3) From enjoying without discrimination, all employment rights and
benefits granted by the City.
4. COLLECTIVE BARGANING REPRESENTATION BY AFSCME OF
ELIGIBLE EMPLOYEES.
(a) Employees currently classified as"100 series" employees may choose to
decertify AFSCME for the purpose of collectively bargaining on their
behalf if over 66%of all eligible employees casting votes vote for
decertification.
5
(b) The City will designate employees who are not currently classified in the
100 series who may choose to he represented by AFSCME for the purpose
of collectively bargaining if over 50%of all such employees vote for such
representation. No supervisory employee or employee otherwise
ineligible for union membership shall be included in any such designation.
5. COLLECTIVE.BARGAINING REPRESENTATION BY IAFF OF ELIGIBLE
EMPLOYEES.
(a) Employees currently classified as"400 series"employees may choose to
decertify IAFF for the purpose of collectively bargaining on their behalf if
over 66%of all eligible employees casting votes vote for decertification.
(b) Employees currently classified as"Fire Captains"may choose to be
represented by IAFF for the purpose of collectively bargaining if over
50%of all such employees vote for such representation.
6. COLLECTIVE BARGAINING REPRESENTATION BY SLPA OF ELIGIBLE
EMPLOYEES.
(a) Employees currently classified as"500 series"employees may choose to
decertify SLPA for the purpose of collectively bargaining on their behalf
if over 66'.4 of all eligible employees casting votes vote for decertification.
(b) Employees currently classified as"Police Sergeants"may choose to be
represented by SLPA for the purpose of collectively bargaining if over
50%of all such employees vote for such representation.
7. REPRESENTATION OP EMPLOYEE GROUPS WHO CHOOSE NOT TO BE
REPRESENTED BY AFSCME,IAFF OR SLPA.
If employees in any group outlined in paragraphs 4-6 vote not to be represented
by AFSCME,IAFF or SLPA for the purpose of collectively bargaining,they shall
not be represented by the applicable union for the purpose of collectively
bargaining. The City will meet and confer with any such group to discuss their
future representation related to the terms and conditions of their employment.
8. REPRESENTATION OF OTHER EMPLOYEE GROUPS.
Each City department head shall represent their department's employees who are
not eligible to be represented by one of the recognized unions during the City's
annual compensation plan development process.
6
9. EXCLUDED EMPLOYEES.
The City shall annually provide each union a list of supervisory,confidential and
elected employees. The City will not enter into a Memorandum of Understanding
with any union which represents or bargains for an individual on the list.
10. ELECTION AND BALLOTING PROCEDURE.
(a) The City,in a form approved by the City Attorney,will issue ballots to
employees eligible to vote in any election under this Resolution.
(b) The City will provide to each eligible employee a blank envelope into
which the employee shall place a sealed ballot envelope and concise
voting instructions prepared by the City Attorney. Each eligible employee
is responsible for sealing the marked ballot,writing his/her name on the
blank envelope,signing the blank envelope and returning the blank
envelope and the ballot envelope to the City Recorder or designee.
(c) Ballots must be received by the Recorder within fourteen(14)calendar
days from the date the ballots are made available. The City Recorder will
be responsible for: i)verifying the name appearing on the blank envelope
by comparing the name against a list of eligible employees prepared by
the City;ii)separating the ballot envelopes from the blank envelopes in a
way to ensure the anonymity of each voter;and,iii)tabulating the ballot
returns and reporting the election results to the Mayor and City Council.
Each group shall be allowed to designate a representative to observe the
ballot tabulation.
11. CITY BARGAINING TEAM;DISCUSSIONS THROUGH NEGOTIATIONS.
The Mayor will provide the unions the name of the City's chief negotiator at least
five(5)months prior to the expiration of any agreement with the union. The chief
negotiator will represent the City in all bargaining and labor negotiations pursuant
to the terns of this Resolution. All proposals and negotiations with and by the
unions shall he handled by the chief negotiator who shall report and be directly
responsible to the Mayor.
12. GOOD FAITH NEGOTIATIONS;MEMORANDUM OF UNDERSTANDING.
(a) The City's chief negotiator and union representatives will meet to
negotiate in good faith issues related to wages,hours and other terns and
conditions of employment. The City's chief negotiator and the unions will
fully consider any proposals presented during negotiations. The City's
chief negotiator and the unions will:
7
(1) Submit proposals related to wages,hours and other terns and
conditions ofemploytnent no later than two(2)weeks prior to the
agreed upon date for negotiations to begin;
(2) Attempt to reach agreement prior to the submission of a budget by
the Mayor to the City Council;and
(3) Jointly discuss employees'compensation issues prior to
negotiations in an effort to foster better communication concerning
the City's budget process,the impact that process has on
employee's compensation,and the methods of deterntinine
employees'compensation. The City's chief negotiator and the
unions will not use this process to avoid their obligation to
negotiate.
Provided,however,the scope of bargaining shall be restricted and
shall not include those subjects which the City has no authority tc
change and shall not infringe on the City's Rights outlined in
Paragraph 2 of this Resolution. Negotiations will not include any
issues already provided for by Utah law and/or City Ordinance
related to the Civil Service or Merit Systems.
(b) If the City's chief negotiator and a union reach an agreement,they will
jointly prepare a written Memorandum of Understanding containing the
terms of their agreement. A Memorandum of Understanding is a joint
recommendation which the City's chief negotiator and the union will
provide to the Mayor no later than May 15,or at a later date in the event
negotiations are reopened. If the City's chief negotiator and a union are
unable to reach agreement on a Memorandum of Understanding,the City
shall implement a one-year compensation plan for the affected work group
and/or approve a one-year extension of the existing Memorandum of
Understanding.
(c) The:Memorandum of Understanding will not be binding upon the parties,
either in whole or in part,until a majority of the members of the applicable
union have ratified the Memorandum of Understanding by a majority vote,
and until the City Council'
(1) Acts by majority vete to approve the Memorandum of
Understanding;
(2) Enacts ordinances or makes other changes required to implement
the Memorandum of Understanding;
8
(3) Appropriates the funds required to implement the Memorandum of
Understanding which requires funding for each year of its
existence.
(d) After the execution of the Memorandum of Understanding and while the
Memorandum of Understanding is pending before the City Council for
action,neither the Recognized Employee Organization or their individual
members,nor the Mayor shall appear before the City Council or its
members,to advocate for any amendment, addition or deletion to the
terms and conditions of the Memorandum of Understanding's agreed upon
language.
(e) All Memorandum of Understanding must contain a provision prohibiting
strikes or lock-outs. Each Memorandum of Understanding shall have a
term of at least one year. It is expressly understood that no Memoranda of
Understanding may or can bind succeeding Mayors or Councils.
(f) A Memorandum of Understanding will be enforceable when entered into
in accordance with the provisions of this Resolution. No publication of it
shall be required to make it effective.
(g) Nothing in a Memorandum of Understanding shall prevent the City and a
union from identifying and discussing issues related to the terms and
conditions of employees' employment during the Tenn of an existing
Memorandum of Understanding.
13. CLOSED DOOR NEGOTIATIONS.
Collective bargaining meetings and negotiations between the City and unions and
any deliberations of mediators shall be considered private and may be conducted
in closed door or executive sessions, without the right of the public to be present,
if the parties to the negotiations so decide.
14. RESOLUTION OF IMPASSES.
(a) If the City's chief negotiator and the unions are unable to reach an
agreement by May 15, either party may declare that an impasse exists and
the matter shall be submitted to the Mayor and the City Council for
resolution.
(b) Nothing in this Resolution will preclude the City's chief negotiator or a
• union from jointly requesting the services of an outside mediator. The
costs associated with any outside mediator shall be equally borne by the
City and the union making the request.
9
•
(c) If the City's chief negotiator and a union reach impasse on any issue
related to compensation,the City and/or the applicable union may discuss
the issue directly with the Mayor and/or City Council.
15. PROCEDURAL RIGHTS.
The City shall have the right to promulgate rules and regulations governing union
activity,including procedures for meeting with management, use of bulletin
boards and other publicly owned facilities, and the solicitation of membership
during business hours.
16. COURT DECLARATION.
Should any court declare any provision of this Resolution void, invalid,illegal or
unconstitutional,the whole Resolution shall be deemed rescinded, repealed and of
no effect.
I7. UNFAIR LABOR PRACTICES.
(a) Utah law prohibits the City,its representatives or agents from:
(1) Restraining or coercing or interfering with any employee in the
exercise of rights guaranteed under this Resolution;
(2) Discriminating against one employee organization in favor of
another employee organization;
(3) Discharging or otherwise discriminating against any employee
with reference to terms and conditions of employment for the
purpose of encouraging or discouraging membership,support or
participation in any labor organization or because the employee
has signed or filed an affidavit,petition or complaint,or given any
information or testimony under this Resolution;
(4) Refusing to negotiate in good faith with an Employee
Organization designated as the exclusive representative of
employees in an appropriate unit; or
(5) Locking out employees.
(b) Utah law prohibits the unions,their agents or employees, and where
appropriate, City employees from:
(1) Restraining or coercing or interfering with employees in the
exercise of the rights guaranteed under this Resolution, including
but not limited to, attempting to cause the City to discriminate
10
against an employee in violation of such employee's rights under
this Resolution or other applicable law;
(2) Restraining or coercing the City in the selection of a representative
for purposes of collective bargaining or the adjustment of
grievances;
(3) Refusing to negotiate in good faith with the City, if the
organization has been designated the exclusive representative of a
group of employees; or
(4) Engaging in a strike, or encouraging, aiding or abetting any City
employee to engage in any strike,which are in addition to being
prohibited, are declared to be illegal.
(c) Every union and its officers and agents shall have an affirmative duty to
take immediate,appropriate and effective affirmative action to end an
employee strike or work stoppage.
18. PETITION FOR DECERTIFICATION.
The City Council,the Mayor,or any employee, or group of employees,
represented by AFSCME, IAFF or SLPA may file a petition alleging that the
applicable union no longer represents the interests of a majority of the employees
eligible for representation by the applicable union. The petition must contain: i) a
statement outlining the basis for the petition; ii) a declaration by the person
signing it that its contents are true and correct; and,iii) the signature of the person
or persons filing the petition. The original and two (2) copies of the petition shall
be filed with the City Recorder.
19. NOTICE AND HEARING ON PETITION.
(a) No later than ten calendar days after the City Recorder receives a petition
for decertification, the City shall provide a copy to the union named in the
petition.
(b) If the City determines that the petition meets the requirements of this
Resolution, it will require a public hearing be held to discuss the petition.
The City will provide the petitioner and the affected union at least
fourteen (14) calendar days written notice of the time and place of the
hearing.
(c) If the decertification petition was filed by the Mayor, the City Council, or
designated representative,may conduct a prehearing conference with the
petitioner and the affected union prior to a hearing in order to clarify any
11
issues to be addressed at the hearing and to set a date for the public
hearing on the petition.
(d) If the decertification petition was filed by the City Council,the Mayor,or
designated representative,may conduct a prehearing conference with the
petitioner and the affected union prior to a hearing in order to clarify any
issues to be addressed at the hearing and to set a date for the public
hearing on the petition.
(c) If the decertification petition was filed by an employee or group of
employees,the Mayor, or designated representative,may conduct a
prehearing conference with the petitioner(s) and the affected union prior to
a hearing in order to clarify any issues to be addressed at the hearing and
to set a date for the public hearing on the petition.
(f) Any hearing held pursuant to this Resolution will be limited to the issues
outlined in the petition.
(g) The City Council or the Mayor shall have the discretion to determine the
issues or matters outlined in the petition which will be discussed at the
public hearing.
(11) The City Council or the Mayor may determine majority representation
status by holding a vote of the employees eligible to be represented by the
applicable union.
(i) The City Council or the Mayor shall issue a written decision addressing
the petition no later than 30 calendar day after the public hearing on the
petition.
20. TERM.
Prior to March 31, 2011,the Mayor or designee and the unions shall meet and confer
to discuss any modifications to the Resolution's terms and jointly report the results of
such meeting to the City Council no later than April 1, 20]1.
Passed by the City Council of Salt Lake City, Utah,this 11 day of
c Carlton Chris Nen
CHAIR
12
ATTEST:
_04/1 .eizz,7, e____cfj4Let,e__1/4_
CITY RECORDER
Transmitted to Mayor on the 13 day of January , 2009.
�.cr \c`, f g
4: " '7 I Ralp Becker
r� � Mayor
Y �1 {
ATTEST: f.
.,Cc
clREedCOR-2-1(...
DR/'�V14,42-,__`'
APPROVED AS TO FORM:
Senior City Attorney
13