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HomeMy WebLinkAbout1989-02-27 89-101 ORDERCouncil Action DatrFebruary 27, 1989 Item No. 39-101 Item/Subject: Labor Agreement between the City of Bangor and the Teamsters, Local Union #340, r$presenting Police Officers. Responsible Department: Personnel De Commentary: Two year labor agreement with the Police Officers of the Bangor Police Dept. and Teamsters, Local Union #340. Unit consists of the Police Officers, Bangor Police Dept. The Agreement is for: Wages: 6-26-88 4% 6-25-89 5% Health Ins. Employees agreed to pay 1/2 the increased cost effective 7-1-88 and 7-1-89 The Agreement is effecfive July 1, 1988 through June 30, 1990. kA �p- ",roo. 6ryal... go, AssoeiatcN Information:(js Qet Budget Approval: C.A}- mOirc Legal Approval: chy Svliutar w reduced For cKinuage 0 First Reading page _of_ El Referral AeeFebruary 27 i®,ed to fowvliOl Ti11eY. February 2), 1989 CITY OF BANGOR (THU) @Ebgr, Authorizing the.. City Manager, to Execute Contract with Teamsters, Local Union # 340, State, County and Municipal Workers Union, State of Maine BY the City Coyyeit ojtM City W 8wyor: ORDERED, TWT The City Manager be authorized and hereby directed to execute a contract between the City of Bangor and the Teamsters Local Union # 340, State, County and Municipal Workers Union, State of Maine, representing the Police Officers of the Bangor Police Department, a copy of which is on file in the office of the City Clerk. IW'CITE­ February 37,: 1989 Passed l CITY CLERK 89-101 ORDER Title, Authorizing the City Manager to Execute .......................... I.. Contract with t"msters. Local Onion 8340, State, ..................................... County and Municipal Workers Onion, State of Maine �yp��� Awigted to 00 Councilman 89-101 AGFEEMENP CITY OF flAN(.GR, !MINE AND TFAM.STERS IMAL ONION W. 340 STATEr 0011MPx AND MONICIPA ONION STATE OF MAINE affiliated with the International Erotherh cf Teartsters C uffeurar Warehousemen and Helpers of America JUcx 11 1988 JUNE 30, 1990 Article TABLE OF CLWfEMS Title page Preamble 1 Recognition 1 Discrimination Prohibited by Either Party 2 Seniority 2 Duties 3 Work Week 3 Wartime 3 Private Services 4 Court Time 4 Personal Effects Allowance 4 Clo hing 5 Vacation 5 Holidays 6 Sick Leave 6 Death Leave 7 Military Leave 7 Caupensable Injuries 8 Medical Rxaminations 9 Medical Insurance 9 Lay Off 10 Probation Period 10 Indemnification and Legal Services 10 Grievance Procedures 10 Disciplinary Hearings 11 Strikes and Lockouts Prohibited 12 Stewards 12 Bulletin Boards 13 Retirement 13 Work Rules 13 Management Rights 14 Savings clause 14 Lie Detector Test 14 Defective Equipment 14 Jury Duty 15 Leave of Absence 15 Wages 15 Term of Agreement 16 THIS AGREEMENT effective this First Day of July, 1988, THE CITY OF BANGOR, hereinafter referred to as the "CITY" and TEMISTERS LOCAL UNION 1340, AFFILIATED WITH ME INfERNATIMNL USUMUSTIUD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referral to as the 'uhim.• PRFAMBLE Section 1. Pursuant W the provisions of Chapter 9(a), Revised Statutes of Maine, Title 26 as enacted by the Maine Legislature in 1969 and as amended, entitled, `Municipal public Fhployees Labor Relations Iaw", MIS AGREEMENT is made and entered into by and between the City of Bangor, Maine, and the Teamsters Ictal Union #340 representing the Bangor police Officers. Section 2. In order to establish mutual rights, preserve proper a Ployee morale, to prorate effective municipal operations and to prdoote the public health, safety and welfare of the citizens, the City of Bangor, Maine, through its City Council and rho Teareters Ictal Union #340, hereinafter bind themselves in mutual agreement as follws: ARTICLE 1. RECOGNITION Section 1. The City mcognizes the Union as the sole and exclusive bargilning agent for all Police Officers (Class 433) of the Bangor Police Wpartme t. Section 2. Mastership in the Weal Union is not empulsery. offimrs have the right to join, not join, maintain, or drop their membership in the Looal Union, as theysee fit. Neither party shall exert any pressure on, or discriminate against, any officer as regards such matters. Those e,ployees who Choose not to join the Union shall he subject W ane of the following options: 1. Sign a written payroll authorization deduction in the mount Of 808 of the present cost of Union dues. 2. W subject to no payroll deduction but if the services of the Union Representative is solicited for a grievance hearing the ort will W $50 hourly. If the Union attorney is solicited for a grievance hearing the cost will be $100 hourly. The Union's met of the arbitrator, or proceedings, if any, will be borne by the amloym. Section 3. The City agrees to deduct fron the pay of all officers covered by this Agreement the dues, agency fees, fair share fees orservice tees of the Weal Unfon and agrees to remit W the Local Union all such deductions prior to the 18th of the month follwing the month for which such deductions am made. Signed authorizations fren the officers shall be furnished to the City by the Union. Dues may be cancelled by any se lWas upon written notice W the Pamranel Director and Local $340 within thirty (30) days of the expiration of this agreement. Section 4. The Union shall indemnify and save the City harmless agains�laims and suits which may arise by reason of any action taken in making deductions of said dues and remitting the same to the Union pursuant to this Article. =CIE 2. DISCRIMINATION P%BIIBMD BY HIMER PARTY Section 1. The City and the Union agree cot to discriminate against any individual with respect to his hiring, compensation, terms or conditions of enployment because of such individual's race, color, religion, sex, age Cording to applicable laws and national origin, nor will they limit, segregate or classify individuals in any way to deprive any individual of employment opportunities because of his race, color, religion, sex or national origin. Section 2. The. City agrees not to interfere with the rights of officers to become nmcbers of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City or by any City representative against any officer because of Union membership or because of any officer's activity in any official capacity on behalf of the Union consistent with this contract. Section 3. The Union shell share equally with the City the responsibility for applying this provision of the Agreement. =Cm 3 Section 1. Seniority shall he determined by the length of fulltime unceevifrom the officer's last date of permanent hire within the bargaining it. A seniority list shall he established by the City listing all officers covered by this Agreement, with the employee with the greatest seniority listed first. The seniority list shell he brought up to date on January 1st of every year and inmediately posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of sere shall be sent to the Union and to the Steward. My objection to the seniority list, as posted, must to reported to the Chief of the Police Department within ten (10) days from the date posted or it shall stand as accepted. Section 2. Seniority shall be the sole factor in all matters affecting reduction in work force, recall and vacation, and shall he a factor in consideration of matters affecting transfers and work shifts. Section 3. All permanent job openings and/or vacancies shall be posted by the Crty for bid by the police officers as soon as suU opening and/or vacancy becomes available. itis provision shall also apply to temporary job openings that arelikely to last thirty (30) or core calendar days. Seclton 4. whenever there is an opportunity for police officers to attend any school sponsored by the Police Department, notice of such school shall be posted at the earliest possible date. ARTICLE 4. PPTIES Section 1. The duties of the Police Officers shall he those duties that cure under the jurisdiction of the Chief of Police including the enforcement of City ordinances, light or alterate duty, state and federal statutes, the patrolling of the City streets for crime prevention and traffic control and she preservation Of life and property. Section 2. Police officers shall not, as a part of a tour of duty, perfomn services for any private interest, except as directed by the officer in charge and in keeping with departmental rules and regulations. Section 3. The employees covered by this Agreement are police officers (Class 433). the City agrees not to assign persons from outside of the bargaining unit to perform police officers work when any officer is available, except in an emergency. ARTICLE 5 The City agrees to consider any p[ropasal submitted by the Union for an alternate work week and rotation system provided khat such proposal allows the City W schedule the officers on a forty (40) hour work week. the work week will consist of forty (40) hours Pays off will be consecutive or in ceordsnce with the four (4) day work week schedule, whichever is applicable. The current work schedule shall remain in effect, however, any how work weak schedule introduced during a calendar year will remain in effect for the balance of the calendar year. Section 1. All officers covered by this Agreement, shall receive one and one-half (1 1/2) times their regular hourly rate for all hours worked in excess of the regular scheduled work day, or in excess of forty (40) hours in a payroll week. Section 2. She "regular hourly rate" shall be determined by dividing forty(40) into the total of the officers individual hase weekly salary. Section 3. For the purpose of this Article, "hours worked" shall include these hours spent by the officers on regular duty, funeral leave, annual leave days and eight (S) or ten (10) hours of holiday pay, whichever is applicable, (Article 12, Section 2) if the officer works on the holiday. Section 4. Hours paid for sick leave, workers' compensation, off-duty court time, jury duty, private service duty and holiday pay if the officer does not work on the holiday shall rat be added to the lours worked in a Payroll week to produce overtime. Section 5. All overtime will he assigned and approved by a Commending Officer. ARTICLE 7. PRIVATE SERVICES Section 1. Officers who work on any outside private service, including but cot limited to, dances, games, cenventicns and private functions shall be paid $72.00 for up to four (4) hours for each tour of duty. Hears in excess of four (4) hours in any one private extra shall be paid $18.00 hourly. Section 2. Private service assignments performed on the holidays specified in this section shall be paid for at double the rates specified in Section 1. 1. New Year's Day 4. Fourth (4) of .July 2. lbanksgiving Cay 5. Memorial My 3. Christmas Day 6. labor My Section 3. The eight (8) hour period immediately preceding or immodiately following New Year's Cay, lbanksgiving My, Christmas My, Fourth of .July, Memorial My and labor Day shall be considered holidays for the purpose of pay computation Order this section. Duty time started within the said eight (8) hours will be paid at the premium rate for entire private duty. ARTICLE 8. 0OURT TIME Section 1. Any officer covered by this Agreement who is required to attend Court outside of his regular work shift shall receive rmmun of threers (3) booof pay far such attendance. No court timeshallbe allowed to any such officer who has been notified that his presence is not needed, prior to the end of his shift on the day preceding a scheduled Court attendance. If he is raquirsd to stay in attendance at such Court for more than three (3) there, in any me day, he shall be paid for the actual hours spent that day. Provided, however, that any and all fees, carpmsatim or allowances, to which any officer is or would be entitled to for such Court time as provided for by statute or Court order, shall be turned over and paid to the City, and not retained by the Officer. Section 2. Officers shall be paid at the rate of time and are -half per Mor for off-duty Court time. ARTICLE 9 PERSONAL EFFECTS AIIDKllJCE The budget of the Police Dapartmenc each year shall terve an account to be known as the Personal Effects Account. Each member of the Bargaining Unit shall to reimbursed for the replacement cost of personal effects that shall be damaged, destroyed, or lost in the performance of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within seventy -tiro (72) hours of actual knosledge thereof. This Article does Trot apply to unnecessary expensive items. ARTICLE 10. CLOTHING Section 1. The City agrees that all officers covered by this Agreement shall be provided, at no cost to the officers, all uniforms, and other equipment which. it deans necessary for the regular performance of the officers duties. Cleaning of uniforms shall be paid for by the City when an officer is expceed to unusual circumstances which cause him to incur more than normal cleaning expenses. Section 2. 'Plain Clothes" Officers shall reterve from the City an allowance of Ebur Hundred Dollars ($400.00) per year to purchase and maintain their clothing used in the line of duty. Section 3. All employees shall receive from the City of Bangor an allowance of One Hundred Dollars ($100.00) a year to purchase shoes used in the line of duty. This allowance will be paid in the first pay period in January. ARTICLE 11. VACATION Section 1. Officers who have been on the City's payroll for ore or mary consecutive years shall be entitled to tyro (2) weeks vacation with pay each year. Officers with eight (8) years [six (6) effective 7-1-891 of continuous service shall begin to accumulate Gree (3) weeks of vacation. Officers with seventeen (17) years [fifteen (15) years effective 7-1-891 of continuous service shall begin to accumulate four (4) weeks of vacation. Section 2. amployees hired on or after 1-1-80 with retirement benefits of twenty-five (25) years of service, Article 27, Paragraph 2, shall begin to accrue five (5) weeks of vacation after twenty (20) years of continuous Section 3. One week of vacation pay shall be the Officer's regular weekly salary as shown in Article 35. Section 4. The vacation schedule shall be posted on December 1 of each year andarxl ud�r am posted for thirty (30) days to allow the officers to make their vacation selection by seniority. The selection shell be made in tun steps. STEP 1: All Officers shall make a selection of not more than two weeks. STEP 2: After Step 1 is completed, those Officers who have additional vacation weeks to, their credit shall select their vacation periods from the weeks remaining open on the schedule. STEP 3: Vacation leave must he taken in weekly increments with the exception of four (4) or five (5) days whichever is applicable. Section 5. vacation leave days shall he granted upon request if the necessary personnel are available at the time of request, limited to four (4) or five (5) days per year, whichever is applicable, with the approval of the Captain. Section 6. An officer who retires or resigns ors discharged for cause prior to taking his vacation shall M entitledto accmmrlawal earned vacation pay in ratio to his length of service, provid,-0 the officer has ompleted one (1) full year of continuous service. Section T. No officer covered by Nis Agreement may accuimrlate more than two hundred forty (240) hours of vacation. Section 8. At no time will Police Officers M forced to take a vacation— day. ARCICIE 12. HOLIDAYS Section 1. The following holidays shall M paid holidays for all police office r1. New year's Day 5. Thanksgiving Day 2. Nemorial Day 6. Friday Fellwing Thanksgiving 3. Independence Day J Christmas 4. Labor My Section 2. Holiday pay shall M eight (8) hours or ten (10) hours, whichever is applicable, at the police officer's current burly rate in accordance with Article 33. The majority of Mures of any shift must new Men worked on the holiday to qualify for a worked holiday. If an erployee works on a holiday, in addition to holiday pay, the enployee will receive one are] one-half his hourly pay for all Mum worked. Section 3. In lieu of Martin Lothar Ring My, Washington's Birthday, Patriot's My, Colurbus Day and Veteran's MY, officers shall be entitled to vacation of forty (40) Mum (sixty (60) 9-1491 in addition to their regular vacation. Section 4. AN enployee in the Detective Division or She Services Division may choose M work, he assigned to work or take the holiday off. ARTICLE 13. SICK LEAVE Section 1. Sick leave shall he accrued at the rate of one MMrei twenty (120) hours per year, accunvlative to nine hurxh: d and sixty (960) hours. Section 2. Sick leave shall M charged at the rate of not more than forty (40) hours sick leave for each week of leave. Section 3. The Chief of Police may, after forty (40) consecutive hours of sick time or in case of suspected abuse of sick tine require As a condition precedent to the payment of sick leave a certificate of a qualified physician certifying as to the conditions of the officer or member of his family. The certificate will he furnished by the City and must he presented within forty-eight (48) swum after the officer returns to work. Section 4. The City will not be responsible for the medical expense unless the officer is directed to he emxined by a physician waked by the City. Section 5. Any officer who willfully violates or misuses this sick leave policy or who misrepresents any statement or condition under the sick leave policy may be subject M disciplinary action. Section 6. Sick leave may he used for attendance upon washers of the Emily limited to the wife and children of the officer and limited to ninety-six (96) hours per calendar, year. Ibis provision is intended to cover only those a ergen cy situations where the nature of the illness o family conditions are such that the officer hiwself he available to care for his family, limited to one (1) day per incident unless critical. Section 7. Officers met notify the Chief of Police, his Assistant, o the CO in chamo of the shift, as early as possible, but in any case no less than one (1) hour prior to starting time, tae -half (1/2) hour before beginning of the day shift, in order to draw sick leave benefits, unless a shorter time is approved by the Chief. Section 8. During the term of this Agreement, when an officer retires form active service with the City, and is immediately eligible for retire- ment benefits pursuant to the Maine State retirement System as it applies to the City, the officer shall receive an amunt equal to his salary at the time of his retirahant for one-third (1/3) of the naaber of bra. of accw u- lated unused sick leave to a meximmh of three hundred and twenty (320) his. Section 9. Upon the death of an officer covered by this Agreement all accrued sick leave will be paid to his estate. Section 10. Sick leave will not he paid when a police officer is gambles and found other work in the Department. Section 1. In the event of the death of the Officer's spouse or child, the Officer shall be entitled to five (5) days bereavement leave. In the event of the death of the officer's mother, father, brother, sister, mrther- n-law or father-in-law, grandnothaq grandfather or grandchild, Step- mother, step -father or step children, no officer shall be entitled to up to three (3) days leave for the purpose of attendance at the funeral and assisting in the necessary family arrangements. Such leave shall be win pay me without any deduction fran sick leave. Section 2. An amount of tine detemined by no Chief, but in no case to exceed one (1) day will be allowed for attendance at funerals of the following relatives of the officer not provided for under Section 1 above; aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or any other relative not named in this Section, when such other relative is living in the same houseYold as the officer. Said time off shall be with pay and without deduction fran sick leave. Refer to Rule 10-5-3 of the Personnel Rules. ARIICLE 15. MILITARY tFAVE Military leave shall be granted to cambers of the Department for annual Military training. Personnel on aruual military training shall be paid the difference between their military pay and what their City Pay would have been. Military pay shall include the individual's pay; plus subsistence and quarters. The individual shall submit itemised listings of the above which shall he signed by his COmoanding Officer or Personnel Officer. Military pay shall he limited to two (2) work weeks per calendar year. A ICLE 16. Section 1. wben an employee receives an injury or illness on his regular jab act is unable to perform his regular assigned job, he may be assigned, if available, other work normally carried on by the police Department which may be characterized as light duty police officer assignments. Section 2. The Department will structure light duty assignments based upon the report of the attending physician. The physician will be the soul authority in deternining what work an injured officer will to allowed to accmplish. An employee will not be removed from a light duty assigraent and assigned his regular job until the physician certifies that the employee is able to return to work. Every three (3) months the officer will report his status to the Chief or his designee. The status report will be a new attending physician's statement. Section 3. Any disagreements in regards to the physicians stste vent shall be resolved by Article 17, Medical Examinations. Section 4. No light duty assignment will result in a permanent displaw nt of another Police Department member. Light Way assignment will not effect the pay or benefit status of the employee. Light duty assignment will not be assigned to officers for the purpose of demeaning, discriminating, or punishing the officer for his injury. Section S. Employees recuperating Eras injury or illness shall be allowed to return to work on a limited duty schedule provided that the e ployee is able to perform the duties of the available job. Section 6. shen a Police Officer in the course of his employment is calved in incident of severe trauma, he shall receive a psychological examination upon the request of the officer by a psychologist or psychiatrist of the Officer's choice. Cost of the examination shall he borne by the City. If after the psychological exanination counseling is racamended, then the officer shall re seling at the cost of the City. If applicable, Ube light duty assignment shall apply. Section ]. If the physician's statement renters an employee ncmpaafaTt so that he will never be able to return to work as a police Officer, the employee will immediately apply for Disability Retirement. Section 8. Any throe loss because of injuries received in the line of duty and covered by worker's compensation shall not be charged to sick leave. Section 9. Any Officer will return to work or loose his City pay check upon written permission iron the doctor that he is capable of performing his regular duties or other work within the Department. Section 10. Sick and vacation benefits will accrue for a period of only twelve (127 consecutive months while on worker's compensation unless a loryer period] is approved by the City Manager. 0 AISICLE 17. MEDICAL EYAMIM4TICiS Section 1. The City may require that the Officers covered by this Agreement have a medical examination. Such examination shall be scheduled at regular intervals for all Officers and shall not exceed one (1) medical examination per year, unless the Officer hassuffered injury or illness which might affect his ability to perform his work. Section 2. The City shall have the right to select its own medical examiner or physician and shall be responsible for making the appointments with the medical examvner. Section 3. If the medical examiner or physician selected by the City renders an Opinion that the Officer is physically disqualified m perform the work of an Officer, the Officer may be re-examined by a physician of his choice. Section 4. In the event of disagreement between the doctor selected by the C ty�iuis doctor selected by the Officer, the City and the Union shall together select a third doctor to re-examine the Officer. The third doctor's opinion shall he final. Section 5. The cost of all examinations, except for the coat of the examination performed by the employee selected medical examiner, shall be paid for by the City. Section 6. medical examinations stall be sdieduled during the Officer's working hours, as much as possible. If such examinations are scheduled outside of the Officer's scheduled working hourthe Officer shall receive two (2) burs pay at the applicable hourly rate for each examination required by the City. Section 7. An officer may be required by the Chief of Police to undergo a psychological examination when deemed necessary and with just cause. The cost will he paid by the City. AIYfICLE 18. MEDICAL INSURANCE 1. Effective 7-1-88, the City and the employees will pay for EC/89 plan 1008 ucs - $200 Major Medical with CA and FSED or the IPYJ the following weekly casts: Total Cost City Contribution Employee Contribution Family $56.91 $47.42 $9.49 Single parent $38.86 $33.22 $5.64 Single $23.27 $20,14 $3.13 2. Ito City's contribution to the health ins ase effective 7-1-89 will be limited to one-half (1/2) of the increased rcost of the traditional health insurance plan. 3. Employees will pay by payroll deduction ore -half of any increased met effective after 6-30-90, and thereafter unless otherwise negotiated. 4. Any employee whose spouse receives either two -person or full family coverage as an employee of any Bangor City Department, including the School Department, is not eligible for dual wealth Insurance coverage. ARPIC[E 19. LAYOFF In the event of a layoff of personnel in the bargaining unit, permanent Officers shall be laidroff in inverse order of length of service in their classification. The laid off officers with the greatest length of service shall be rehired first. No new Officer shall be hired until all laid -off Officers have been given an opportunity to return to work. ARTICLE 20. PROBATION PERIOD Section 1. All appointments shall be made for a probationary period of twelve 12) coombs; and all appointees retained in [vice after the wq>letion of such probation shall be deemed permanent officers. Probationary officers shall be subject to the provisions of this Agreanent, however, the City shall have the right to terminate without ca;pliance with the terms of this Agreement, the enployment of any such new officer within twelve (12) nomas frau the comencarent of the probation period. ARTICLE 21. INDQWIFIC9TION AND IEGAL SERVICES Refer W City Ordinance Chapter 1, Article ), Section 1 thou 1.9. ARTICLE 22. GRIEVANCE PRICEOORE Section 1. A grievance, for the purposes of this Article, shall be defined as any controversy, cr;Qlaint, misurdeestarcling or dispute as to the meaning or application of the specific terms of this collective bargaining agreement arising between an Officer or Officers and the City, or between one union and the City. Section 2. Every reasonable effort shall be made by the parties invcfved-W—azrive at a fair and equitable resolution of every grievance without resorting to the grievance procedure hereinafter set forth. If this is found to be impossible, the matter may be submitted to the grievance procedure in accordance with the terms of this Article. Section 3. If the grievance has not been adjusted informally as above suggestedit my be submitted to the following procedures; A. The steward, with or without the Officer, shall take up the grievance or dispute in writing with the Chief of Police within ten (10) days after the date of the grievance orof the Officer's knowledge of its appearance. The Chief of Police shallatempt to adjust the matter and shall render his decision to the steward in writing within ten (10) calendar days. 10. B. If said grievance has not been settled, it shall be presented in writing to Ne City Manager and/or Personnel Director within ten (10) calendar days after the Chief of Police's decision is rendered. The City Manager and/or Personnel Director ehall render his decision t0 the Steward and the Union business agent in writing within the ten (10) calendar days after presentment to him. The Manager and/or Personnel Director shall meet with the Union business agent in an effort to resolve the grievance. C. If the grievance is still unsettled either party to this Agreement may within ten (10) calendar days, after the Personnel Director's decision is due or rendered, by written notice to each other, suLmit said grievance to the Macre Board of Arbitration in accordance with Section 970 of the Maine Public Employees Iabor Relation Law. (a) The decision of the arbitrator shall be binding as to the grievance subuitted. (b) The general expense of the arbitrator shall be shared equally by the Union and the City. (c) Grievances initiated by the City stall be processed in the some manner, but may be started by Stan B. Section 4. Time limits specified may be extended by mutual agreement confirmed in writing. ARTICLE 23. Section 1. Any disciplinary action by the Chief of Police, or the Acting Chief, against any member of the Bangor Police Department covered by this Agreement shall occur within ten (10) days or ten (10) days of the Chief's first knowledge of the incident Upon any charge of violation of department rules, inefficiency, incompetence, misconduct, negligence, inabordinetion, disloyalty, or other charge. In cases where the nature of the alleged violation warrants immediate emergency suspension, the Officer will not be suspended for more than one (1) day by the crew chief. The Officer may be suspended with the understanding that if he is later found innocent of the allegations he will be paid for all time during which he was suspended. Section 2. The member so charged shall have the right to be accmipanied by legal counsel at the hearing as well as by a fulltime representative of the Local Union and Steward. The Officer so charged shall have the right to confer with his counsel at any time during the hearing and shall have the right to have his counsel speak on his behalf. Section 3. Any Officer who feels he had been aggrieved in any disciplinary action may appeal to the grievance procedure contained in this Agreement. Section 4. Any disciplinary action resulting in lass of time and/or money shall be administered only by the Chief of Police. My written reprimand which is to became part of the permanent service record of the employee will be issued only by the Chief of Police. 11. Section 5: An investigation of any nemer or employee suspected of. iclation of departmental rules and regulations Or other misconduct shall he conducted without unreasonable delay and with maxLmun confidentiality. The investigator shall inform the enplcyee in writing that an official investigation is being conducted and indicate the nature of the allegation which is the cause of the investigation. The carplainant shall be identified if anonymity is not required. by ciec:mstancm. If the person being interviewed is a witness only, that fact shall be stated to him. Interviews of an exployee suspected of violation Of rules or Of misconduct shall be limited to questions directly related W the allegation. An enployee under arrest or the subject of a criminal investigation shall be afforded all rights granted under such circuostances to any other person. Within twenty (20) working days of the completion of the investigation, the mployee shall he notified of the cutmne of the investigation. The Officer shall receive mpg of the final disposition of the case in writing upon request to the investigator. Section 6. A citizen's noncriminal cwrplaint against a member Or mployee shall be directed W his connanding officer. If it is not resolved at this level, it shall he referred to the Patrol Division commander (captain). A criminal codplaint shall be referred to the Chief Of Po110e. The mm:lafnent shall he required to file a formal written sworn statement concerning the allegation. Any investigation into a criminal matter shall he governed by the applicable Maine State Statutes. A juvenile making an allegation against a Police Officer must be me r: unied by his parent or legal guardian when making the formal corplaint. A mpg of the investigator's report of a non-crininal allegation shall be given to the officer alleged to he involved. In Order to provide an objective, unbiased, fair investigation., and to con£orn to the past Practice and custom, no patrolman shall investigate another patrolman. However, the Chief or Assistant reserves the right to assign patrolman who have advanced law enforcement tecMical specialities, who will aid in the investigations but shall only report their findings to the Chief, provided that no number of the amninistration has no same currant law enforcement technical specialty. ARTICLE 24 Section 1. For the duration of this Agreement, the Union shall not engage in a work stoppage, a slowdown, or a strike. Section 2. In consideration of no strike pledge by the union, the City shall rat lookout anployees far the duration of this Agreement. ARTICLE 25. STEWARDa' Section 1. The City recognizes the right of the Union to designate Stewards and an alternate who must be nenbers of this bargaining unit. The Steward and alternate Stewards of the union shall he allowed time off with Ivy, far official Union business with representatives of management upon appointment, if there 1s sufficient rtanpower available to cause no interference with departmental operations. Stewards of the Union shall be allowed tine off with pay during thele regular work or shift hours to investigate grievances or to attend grievance hearings if approved by the Chief or Designee. The Chief Steward or alternate shall le allowed up W three (3) days off a year with pay to attend Union Training Schools if agPrOved by. the Chief. 12. Section 2. No time off or leave of absence shall he permitted under thj� ice uunless the e Chief r hisDesignee detalrmines there is omat pa,�xsn nparatipne. Section 3. It is understood and agreed that all officers have productive work to perforin and will not leave their jobs during working boors to attend Union matters, except as provided above. AESICIE 26. EIMLETIN BOARDS Tne. City shall permit the reasonable use of bulletin boards by the Union for the posting of entices relating to Union business. MICIE 21. MIRFMINf 1. The City shall continue to provide a retiresent benefit pursuant to 5 MRSA, 18453.(2) of one-half (1/2) average final Corpensation after twenty (20) years of service for a lcyees hired an or before enc. 31, 1909. 2. Enployeas hired on or after January 1, 1980, shall be provided a retiranent benefit pursuant to 5 MRSA, 18453 (2) of ore -half (1/2) average final comonsation after twenty-five (25) years of service. 3. Effective January 1, 1983, and pursuant to 5 MRSA, 18453 (11), Police Officers may earn an additional retirement benefit of 29 of average final conpensation for each year of service after co pletlon of the service conditions for retire went. 4. Effective January 1, 1983, the City will adept Military Service Credits ender 5 MRSA, 18360 (2) A B C P (1) (2) H.. Military Service Crelits under this section shall only apply to additional retirement benefits and not age or service requirements. ARIICIE 28. Section 1. Whan existing work rules are Changed or new rules are proposed, they shall be posted praninently on all bulletin boards for a period of ten (10) consecutive work days before moceuhg effective. objections to any proposed work rules shall be made in writing to the department head who shall have the responsibility for reviewing such objections and nuking final determination. Appeals fma his decision can he made in accordance with normal grievance procedures. 13. section 2. (INE0MlI OFFICERS) The City further agrees to furnish each Offrce subject to this contract with a copy of all new work rules thirty (30)daysafter they become effective; new officers shall be provided with a copy of the rules at the time of hire. Section 3. (ENFORCING) Officers shall conply with all existing rules that arerot in conflict with the terms of this Agravrent. section 4. An unresolved caiplaint involving discrimination in the application of new or existing rules shall be resolved through the grievance Procedure. MICIE 29 Except as explicitly limited by specific provisions of this Agreanent, the City shall continue to have the exclusive right to take any action it deans appropriate in the operation of the Police Department and direction of the work force in accordance with its judgement. such rights shall include, hot shall not be limited to, the operation of the police force, direction of the working forces, the right to hire, to discipline, ro suspend or to discharge for just cases, to change assignments, to. prodom, to reduce or expand the socking forces, to transfer, to maintain discipline, to establish work schedules, and to introduce new or iVmved methods or facilities. f�]�fYiiE{! If any provisions of this Agreement shall Ise contrary to any law, such invalidity shall not effect the validity of the remaining provisions. Any Provisions subject to this Article shall be renegotiated by both parties. PRTICIE 31. . The City shall not require, suggest or request that a Police Officer take a polygraph or any other form of lie detector test. The Officer may volunteer to take a polygraph test. ARTICLE 32. MFccfiyx EQJiPcgf The Employer shall not require mployees to take out on the streets or highways any equipment that is not in safe operating condition or equipped with the safety appliances prescribed by law as determined by the motor Fool nachanic or Cmma,Nlrg officer in charge. Items found in used of more than first level maintenance shall be reported through proper channels. 14. ARTICLE 33. InM)78W Section 1. Any officer selected for jury duty shall he assigned to daytime administrative duties for the duration of the jury call. Section 2. For purposes of this Article, all actual jury attendance shall he considered duty time, provided, however, that all cospensation to which the Officer would be entitled for such jury duty he turned Over and Paid to the City unless the Officer is eopanelled for more than eight (8) Icons in anyone day, in which case he shall retain that day's jury. fee. AwrICLE 34. LEAVE OF ABSENCE Section 1. Any Officer may apply in writing to the Chief of Police for a leave of absence. Such application shall state the purpose and desired duration of the requested leave. Section 2. The Chief of Police may grant leasee of absence; however, such lmve shall be without pay or benefits, except that the erplcyee mey continue life and health insurance coverage at no cost to the City, and effects on the sog lcyee's retirenent shall ba governed by the Maine State Retirement System. ARTICLE 35. WAGES Section 1. Wages for each Police officer on the payroll the effective date of this Agreement shall be pursuant to the following schedule: (Progression fron one step to the next step stall not be autaratic but based on an annual performance rating and a rrnmenda[ion from the Chief of Police. A satisfactory level of performance by the Officer is sufficient to warrant a merit increase). Effective Effective STEP 6-26-88 6-25-89 Hired A $313.74 $329.43 After 6 Months A 327.37 343.74 After 1 Year C 348.45 365.87 After 2 Years D .369.54 388.02 After 3 Years H 409.21 429.67 Section 2. Detectives will receive $16.00 weekly in addition to the above salaries. Section 4. Any Probationary Police Officer who has graduated frau Maine Criminal Justice Academy shall be considered for starting salary at Step C. Section 4. Police Officers will be paid weekly. 15. ARTICLE 36. mm OF AGREEMENT MIS AGREEMENT between the City and the Union became effective July 1, 1988 and shall continue in full force and effect until June 30, I990. UNION: CITY: TENSTERS ILICAL UNION M. #340 STATE, IXMMTY 6 MUNICIPAL 4AM¢6f6 INION STATE OF MAINE THE CITY OF EAfDJR, MAINE BY: BY: Ernest Canelli, III ate Edward A. Barrett Oats Business Agent City Manager BY: BY: Michael P. DiMMaw Date John R. PcrY Date Steward Personnel Director 16.