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HomeMy WebLinkAbout1987-01-26 87-65 ORDERIntroduced by Councilor Brown, January 36, 1987 CITY OF BANGOR QRIEd (DrIIrrt Authorizing the City Manager. to Execute Contract with Local 48, Teamsters, State, County and Mu11 1nicipal Workers Union. By Ne City f emtl of the City ofBanpor: ORDERED, THAT The City Manager be authorized and hereby directed to execute a contract between the City of Bangor and Teamsters, Local „ Union No. 48 representing the Police Officers of the Bangor Police Dept., a copy of which is on file in the office of the City Clerk. In City Council paseed 89-65 0RUER Title, Authoeiaine the City Manedar to Execute ........................... Contract with Local 48,Teansters,State, ........................... I.......... Eua.rty, ani Municipal workers union Introduced and filed by Sy � •�'-;loran 89-65 0RUER Title, Authoeiaine the City Manedar to Execute ........................... Contract with Local 48,Teansters,State, ........................... I.......... Eua.rty, ani Municipal workers union Introduced and filed by .....44Y$'i6.i. N � ��'� � •�'-;loran F?- G.S ANO 'LEAACi1ER$ IIIC iG tA. 48 SfA1E. WJN1Y ANO TABLE OF Q%lf@l15 Article Title Paw Preamble 1 Recognition 1 2 discrimination Prohibited by either Party - 2 3 Seniority 2 4 Duties 3 5 Perk Week 3 6 Overtime 3 7 Private services a 8 Court Time 4 9 Personal Effects Allowance 4 10 Clothing 5 11 Vacation 5 12 Holidays 6 13 Sick Leave 6 14 Death Leave 7 15 Military leave 7 16 Compensable Injuries 8 17 Medical Examinations 9 18 Medical Insurance 9 19 Lay Off 10 20 Probation Period 30 21 Irdemnificaticn an9 Legal Services 10 22 Grievance Procedures 10 23 Disciplinary Hearings 11 24 Strikes and lockouts Prohibited 12 25 Stewerds 12 26 Bulletin Boards 13 27 Retirement 13 28 Nxk Rules 13 29 Mana9®ent Rights 14 30 Savings Clause 14 31 Lie Detector Test 14 32 Defective Equipment 14 33 Wejes 15 34 Term of tgresvent 16 THIS A1YtIFiMFIpT effective this First Coy of duly, 1986, THE CITY OF gmNWR, hereinafter referred to as the -CSTY" and TFN45TEW IOCAL UNION #48, AFFILI=D WITH THE INTERRATICI#AL BROTHERHOOD OF TEPNSTEBS, CWUFTTO , WN+EFIW6ENQ] AND HE12 RS OF MKRICA, hereinafter referretl to as the "UNION." PF12ksBu Section 1. Pursuant to the provisions of Chapter 9(a), Revised Statutes of Maine, Title 26 as enacted by the Naive Legislature in 1969 and as amended, entitled, 'Municipal Public Employees Ian r Relations IoM, THIS AGRBH4III' is made and entered into by and between the City of Bangor, Maine, and the Teamsters Local Union M representing the Bampr Police Officers. - Section 2. In order to establish nutual rights, preserve proper emgployee meals, to prompte effective municipal operations and to promote the public health, safety aha welfare of The citizens, the City of Bangor, Maine, thrwgh its City Council end the 'Teamsters local Union #48, hereinafter bind themselves in mutual agreement. as follows: A Icm 1. RE_'tlfSQTTON Section 1. The City recognizes the Union as the sole and exclusive bargaining agent fon all police Officers (Claes 433) of the Bangor police Department. Section 2. M ership in the local Union is hot compulsory. Officers have the right to join, not join, maintain, or drop their membership in the Local Union, as they see fit. Neither party shall exert any pressure on, or discriminate against, any officer as regards such matters. Those employees who choose not to join the Union shall be subject to ane of the following optima: 1. Sign a written payroll authorization deduction in the amount of 808 of the present cast of Union dues. 2. Be subject to no payroll deduction but if the services of the Union Representative is solicited for a grievance hearing the rest will he $50 hourly. If tin Union attorney is solicited for a grievance hearing the test will be $100 hourly. the Mim's test of the arbitrator, or proceedings, if any, will W borne by the employee. Section 3. The City agrees to deduct fran the pay of all officers covered by this Agreement the dues of the Ictal Union and agrees to remit to the Local Union all such deductions prior to the and of the north for Mich such deductions are made. Signed autnrizatiore from the officers shall be fumished to the City by the Union. Apes may be cancelled by any employee upon written notice to the personnel Director and Local #48 within thirty (30) days of the expiration of this agreement. Section 4. Ohe Union dull incknnify and save the City Mtmless against all claims and suits which may arise b1' reason of any action taken in making daiuctions of said dues all remitting the same to the Union pursuant to this Article. ARTICLE 2. DISCRIMRNTICN PRORIBTTED BY ECBIER PMrY Section 1. Tte City and the Union agree art to discriminate against MY 1Mlvidual with respect to his hiring, mfansation, [elms or caMitims of esployment because of such individual's rare, color, religion, sex, age according to applicable laws antl national origin, nor will they limit, segregate or classify individuals in any way to deprive any individual of eapleyment opportunities because of his two, order, religion, sex or national origin. Section 2. The City agrees net to interfere with the rights of officers to bemne members of the Union, and there shall be an diseriniretion, intrrferecoe, restraint, or coercion by the City or by any City representative against my officer because of Union raotership or because of my officer's activity in any official capacityon behalf of fhs Union consistent with this contract. Section 3. The Union shall share equally with the City the responsl�ty for aWlying this provision of the Agreement. ARTICLE 3. SENIORITY Section 1. Seniority shall be detetmin.N by the length of fullti service frac the officer's last date of permanent hire within the bargaining unit. A seniority list shall be established by the City listing all officers covered by this Agteownt, with the enplcyce with the greatest seniority listed first. The seniority list shall be brought up to date on .January ist of every year all Lmediately posted thereafter on bulletin bawds for a period of rot less than thirty (M) days, all a ropy of sane shall he sent to the Union and to the Steward. My objection to the seniority list, as prated, rust m rep¢ to the Chief of the Relies Deparbnent within ten (30) days frac the date posted or it shall stall as accepted. Section 2. Seniority stall he the sole factor in all matters affecting reduction in work force, recall all vacation, all shall he a factor in consideration of natters affecting transfers and work shifts. Section 3. All permmant job penings and/or vacancies dull be posted by the City for bid by the police officers as soon as such opening all/or vacancy becaoes available. This pavision shall also apply Be temporary job openings that are likely to last thirty (30) or core calendar days. Seciten 4. P ever there is an cfpwrtunity for police officers to attend any school sponsored by the Felice Department, notice of such school shall be posted at the earliest possible data. 2. MfICIE 4. OlfIW Section 1. The duties of the Police Officers shall be [lose duties that mwe 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 the preservation of life arta property. Section 2. Police officers shall not, as a part of a four of duty, perform services for any private interest, except as directed by the officer in Marge and in keeping with departmental rules and regulations. Section 3. The esployees covered by this Agreement are police officers (Class—T35}. The City agrees not W assign persons fraw outside of the bargaining unit W perform police officers work when any officer is available, except in an esergenry. ARPLCIE 5. ' VARR WEFR The City agrees to consider any pmpceal suhaitted by the (inion for an alternate work week and rotation systan provided that such proposal allows the City to schedule the officers on a forty (40) tour work week. The work week will consist of forty (40) hours. Deys off will W consecutive or in accordance with the four (4) day work week schedule, whichever is applicable. The current work schdule shall ranain in effect, Mweuer, any new work week schedule introduced during a calendar year will rmarn in effect for the balance of the calendar year. ARTICLE 6. OVOII'IME section 1. All officers covered by this Agreement, shall receive one aha one-half (1 1/2) times their regular hourly rate for all hours worked in excess of tie regular scheduled work day, or in excess of forty (40) houre in a payroll week. Section 2. The "regular hourly rate" mall W determined by dividing forty 40 nW the WWI of the officers individual base weekly salary. Section 3. For the purpose of this Article, "hours worked" mall include tlroae ours spent by the officers on regular duty, funeral leave, arnival 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, worker's ocapmsation, off-duty court tine, jury duty, private service duty and holiday pay if the officer does net work on the holiday stall not he added W the Were worked in a payroll week W produce overtine. Section 5. Detectives will receive $45.00 in addition to the move salaries in lieu of overtime within the division because of an unscheduled work week. ARTICLE 1. IJ:4VedyaRYS',DRY l Section 1. Offlcere who work on any outside private service, including but roc ited to, dances, genres, conventions and private functions shall be paid $60.00 for up W four (4) Muss for such tour of duty. Souls in excess o£ four (4) hours in soy one private extra shall be paid $15.00 hourly. Section 2. Private service assignments performed on the holidays specff in this section shall be paid for at double the rates specified in Sectim 1. 1. Mew year's my 4. Fourth (4) of July 2. Thanksgiving my 5. Mevorial lay 3. Christmas my 6. mhor my Section 3. Tho eight (8) Mur period immediately pra¢ding or imrediately foYlwLg Naw year's my. Thanksgiving my. Christmas my. Fourth of July, Memorial my and laMr my smll M considered holidays for the pulpoaa of Iay canpntation under this section. Duty time started within the said eight (8) hours will he paid at the premium rate for entire private duty. ARTICLE 8. Q%R TIME section 1. NR' officer mveved by this Agreement who h; required to attend mart outside of his regular work shift shall receive a minimm of four (4) Mures of pay for such attendarce. No court times shall be allowed M any, such officerwho has peen notified that his presence is not needed, Prior to the end of his shift on the day procedhg a scheduled Court atheneum. If he is required m stay in atteMance at such Court for mrore than four (4) hours, in my one day, M shall M paid for the actual hours spent that day. Previded, however, that any and all fees, O]Mensation or allowanwa, m which my officer is or would be entitled to for such Court thus, as provided for by statute or Curt order, shall be turned over and] paid to the City, and not retained by the officer. Section 2. Officers shall M paid at the rate of $9.00 per hour for off-duty Court thus. ARTICLE 9 The budget of the Iblice Department each year shell have an accunt to be Mown as the Personal effects Amount. Each me ter of the Bargaining unit shall to refmobuzsed for the replacement cost of persaal effects that shall M damaged, destroyed, or lost in the perfomanm of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within seventy-two (72) hours of actual knowledge thereof. This Article does rot apply to umecessaxy expensive items. 4. A ICIE 10. CLOUTING Section 1, The City agrees that all officers owered by this Agreement SM11 be reovided, at no cost to the officers, all uniforms, and offer equipment which it deems necessary for the regular performance of the officers duties. Cleaning of uniforms shall be paid for by the City when an officer is exposed to unusual ciremoatencea which cause hum to incur a,re than nomal cleaning expenses. Section 2. 'Plain Clothes" officers shall receive frau the City an allow aceFour B rel Dollars ($400.00) per year to purchase aha mintain their clothing used in the lire of duty. Section 3. All esployees shall receive frm the City of Bangor an allaeace of Twenty-five Dollars ($25.00) a year to purchase shoes used in the lire of duty. This allowance will be paid in the first pay period in .lanuary. ABEICDE 11. TIMSM Section 1. officers whe have bean on the City's payroll for ore or axe consecutive years shall be entitled to two (2) weeks vacation with pay each year. Officers with eight (8) years of ountinwus service shall begin W aceuiulate three (3) weeks of vacation. Officers with seventeen (17) Years of continuous service shell begin to accumulate four (4) reeks of vacation. Section 2. One week of vacation pay shall be the Officer 'a regular weekly salary as sham in Article M. Section 3. iia vacation schedule shall be posted on December 1 of each year ar ria arnin posted for thirty (30) days to allow the Officers to make their vacation selection by seniority. The selection shall he made in two steps. STEP lr All Officers shall make a selection of not acre than two weeks. STEP 2: After Step 1 is coepleted, these Officers who have aMitioal vacation wseks to their credit shall select Hair vacation periods fico the weeks remaining open on the schedule. STEP 3n Vacation leave scot be taken in weekly lncraiasm with the exception of four (4) or five (5) days whichever is applicable. Section 4. Vacation leave days shall te granted upon request if the necessary personnel are available at the tins of request, limited to four (4) or five (5) days per year, whichever is applicable, with the approval of the Captain. Section 5. An Officer who retires or resigns or is discharged for, cause prior to taking his vacation shell be entitled to accmaulated earned vacation pay in ratio to his length of servicer provided the officer has capleted one (11 full year of continuous service. Section 6. No officer cuve[ed by this Agreement may accumulate wore than ted forty (240) hours of vacation. Section 7. At no time will Police Officers he forced w take a vacation day. ARTICLE 12. H DAYS Section 1. Tho following holidays shall he paid holidays far all polity of£rcere: 1. New Year's Day 7. COlunbus My 2. Washington's Birthday 8. Wberan's Day 3. Patriot's Day 9. Thanksgiving Ley 4. Memorial Day 10. Friday following Thanksgiving 5. Independence Day 11. Christmas 6. Labor Day 12. Martin lather King Day Section 2. Holiday pay shall be eight (8) hours or ten (10) hours, whichever is applicable, at the police officer's current hourly rate in axocdanca with Article 33. ITe majority of hours of any shift must have been worked an the holiday to qualify for a worked holiday. Section 3. In lieu of Martin Luther King Day, Washington's Birthday, Patriot's Wy, W1Wobus Day and Veteran's Day, officers stall be entitled to a vacation of forty (40) hours in addition to their regular vacation. ARTICLE 13. SIIX LEAVE Section 1. Sick leave shall be accrued at the rate of one hundred twenty (120) hours per year, accmmlative to nice hundred and sixty (960) ro M. Section 2. Sick leave shell be charged at the rate of not more than forty (40 hours sick leave for each week of leave. Section 3. the Chief of Police my require as a condition precedent to the paymnt of sick leave a certificate of a qualified physician certifying an m the conditions of the officer or marker of his family. Certificate mast be presented within forty-eight (48) hours after the officer returns to work. Section 4. The City will rot he reeprraible for the medical expense anises the officer is directed to be examined by a physician named by the city. Section S. Any officer who willfully violates or misuses this sick lave poky or who misrepresents any statement or condition under the sick leave policy may be subject to disciplinary action. Section 6. Sick leave may he used for attendance upon members of the family laft—to the wife and children of the officer amM limited W recv-six (96) hours per calendar year. Itas provision is intended to cover Only those emergency situations where the nature of the illness or family conditions are sucu that the officer himself he available W care for his family, limited to one (1) day per incident unless critical. Section ]. Officers most notify the Chief of Police, his Assistant, or the W in 3fFmqz of the shift, as early as possible, but in any case no less Gan one (1) Mur prior to starting time, ore-half (1/2) Mur 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 from act W service with Ge 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 amount equal to his salary at the time of his retirement for one-third (1/3) of the number of bra. of accamn- lated unused sick leave to a maxrman of those hundred and twenty (320) MS. Section 9. Upon the death of an officer covered by this Agreement all accrued sick lmve will W paid to his estate. Section lo. Sick leave will not be paid when a police officer is capable of ChM found offer work in the Department. ARTICLE 14. DEATH =VE Section 1. In the event of the death of the officer's spouse or child, the Cfficer shall be entitled to five (5) days bereavement leave. In the event of the death of the officer's mother, father, brother, sister, mother- in-law or father-in-law, grarAroGer, grandfather or grandchild, step- mother, stepfather or step children, to officer shall he entitled to up M Grzee (3) days leave for the purpose of attendance at the funeral and assisting in to necessary family anagerents. Such leave shall he with pay and without any deduction from sick leave. section 2. An amount of time determined by the Chief, but in no case to emceed are (1) day will he allowed for attendants 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 cased in this Section, when such ctMr relative is living in the score household as the officer. Said time off shall be with pay and without deduction fran sick leave. Refer to Lala IDB-3 of the Personnel Roles. ARTICLE 15. MILITARY LEAVE Military leave sMll he granted to seekers of the Department for annual military training. Rersmsel on annual military training shall be paid the difference between their military pay and what their City Pay would nave been. Military pay shall include the individual's pay; plus subsistence and quarters. The individual shall submit itemized listings of the above Mich shall be signed by his Commanding officer or Personnel Officer. Military pay shall be limited to two (2) work weeks per calendar year. MICIE 16. Section 1. when an employee receives an injury or illness on his regular jab and is unable W perform his regular assigned job, he may W assigned, if available, other work normally carried an by the Police Department which may be characterised as light duty police officer assignments. Section 2. 9a Department will structure light duty assignments based upon the report of the attending physician. Tho physician will be the soul authority in determining what work an injured officer will W allowed to acmiplish. M eaployee will not be removed from a light duty assigunent and assigned his regular job until Ua physician certifies that the employee is able to return W work. Every these (3) months the officer will report his status W the Chief or his designee. The status report will W a new attending phyaician's statement. Section 3. My disagreements in regards to the physicians statement shall W resolved by Article 17, Medical Examinations. Section 4. No light duty assignment will result in a per anent displamnent of another Police Department member. right Wry assignment will not effect the pay or benefit status; of the mployee. Light duty assignment will not be assigned W officers for the purprz of demeaning, discriminating, or punishing the officer for his injury. Section 5. Employees recuperating fron injury or illness shell he alloyed W reWrn to work on a limited duty schedule provided that the employee is able W perform the duties of the available job. Section 6. Wren a Police Officer in the course of his employaent is involved —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 be borne by the City. If after the psychological examination counseling is recommended, than theofficershall receive counseling at the cost of the City. If applicable, the light duty assignment shall apply. Section 7. If the physician's statement renders an employee incapacitated so chat he will never he able to return to work as a Police Officer, the euplcyee will immediately apply for Disability Retirement. Section 8. My tine loss because of injuries received in the line of duty and covered by worker's compensation stall not be charged to sick leave. Section 9. Any Officer will return to work or loose his City pay check upon wr— t�tmission from 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 (12) consecutive months while on worker's compensation unless a longer period is approved by the City Manager. Em ARfICtE 17. MEDICAL E%AMINNrim Section 1. 'ne City may require that the Officers covered by this Agreement have a medical amination. Such amiretim shall ha actedrlad at regular intervals for all officers end shall not exceed one, (1) medical examination per year, unless the Officer has suffered injury or illness Mich might affect his ability to perform his work. Section 2. The City shall have the right to select its ore medical examiner or physician end shall be reapxeible for raking the appointments with the medical examiner. Section 3. If the medical eminer or physician selected by the City renders an that the Officer is physically disqualified to perform the work of Police officer, the Officer may be reexmidned by a physician o£ his choice. Section 4. In the event of disagreement between the dmtor selected by the City and the 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 be final. Section S. The cost of all examinations, except for the cost of. the examine[on rfomwed by the employee selected medical examiner, shell ho paid for by the City. - Section 6. Medical examinations shall be scheduled during the Office[ a ski g hours, as such as possible. If such exmninatiae are scheduled outside of the Officer's scheduled working Mora, one Officer shall receive two (2) hours Iay at the applieable hourly rate for each examination required by the City. fa;.arwfrrw MEDICAL INSumilcE I. B¢loyees hired on or after July 1, 1984, that subscribe to the family coverage, will pay by payroll deduction $8.86/wk. thru June 30, 1987. 2. For employees hired before July 1, 1984, the City will pay for the full cast of the applicable individual mrerage up to $75.12, single parent coverage r@ to $122.45, or family coverage up to $168.27 of the present health insurance plan. The health insurance benefits shall equal or exceed Blue Cress 180, Blue Shield Plan 680 (808 UCR). 3. Effective July 1, 1987, the City will pay 508 and all employees Will pay by payroll deduction 508 of the increased stat of the present plan beyond the shove stated costs. 4. Employees will pay by payroll deduction any increased mat effective July 1, 1988, and thereafter, unless otherwise negotiated. 5. Any enployee whose spouse receives either two- rson or full family coverage as an employee of any Bangor City Department, including the School Department, is not eligible for dual health insurance coverage. 9. In the event of a layoff of personnel in the bargaining unit, permanent Officers shall be laidbff in Inverse order of length of service in their clasaifiration. the laid off officers with the greatest length of service shall he rehired first. No new officer shall be hired until all laid -off officers have been given an opportunity to return to wok. MTICLE 20 Section 1. All appointments stall be male for a pmilationary period of twelve 12 mths; and all appointees retained in service after the empletion of such probation shall be deemed permanent officers. 1§cbationary Off lasts shall he Subject to the ptrn'islcns Of this Agreement, hosever, the City shall have the right to terminate without complian a with the terms of this Ipreenent, the employment of any such new officer within twelve (12) months from the mmancement of the probation period. A ICM 21. Refer m City Ordinance Chapter 1, Article ], Section 1 thru 1.4. ARTICLE 22. section 1. A grievance, for the purposes of this Article, shall he defined as any controversy, omplaint, misunderstanding or dispute as bo Ne meaning or application of the specific barna of this collective bargaining agrrament arising between an officer or officers arch the City, or between the Union and the City. Section 2. Every reasonable effort shall he male by the Parties involved to arrive at a fair and equitable resolution of every grievanoe without resorting to the grievance procedure hereinafter set forth. If this is faced to be mpossible, the matter may be suhnitted to the grievance pr000lure in accerdance with the terns of this Article. Section 3. If the grievance has not been adjusted informally as above suggeaTy he submitted to the foll i g praadures: A. The steward, with or without the Officer, stall take up the grievance or dispute in writing with the Chief of Folios within ten (10) days after the date of the grievance or of the Officer's knowledge of its appearance, the Chi f of Police shall attempt to adjust the matter and SM11 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 n writing to the City Manager and/or tarsonrel Director within ten (10) calendar days after the Chief of Police's decision is rendered. The City Manager and/or Lerson el Director shall nmtler his decision to the Steward and the Union business agent in writing within the ten (10) calendar days after presentment to him. The Manger 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, by written notice to each other, sulmit said grievants to the Maims Board of Arbitration in accordance with Section 970 of the Maine, Public Employees labor Relation Law. (a) Inn decision Of the arbitrator shall be binding as to the grievance sulmitted. (b) The general expense of the arbitrator alall be sinned equally by the Union and the City. (c) Grievances initiated by the City shall be processed in the same ma,mer, but may he started by Step B. Section 4. Time limits specified my be extended by mutual agreement confrdmin writing. ARTICLE 23. DISCIPLINARY EEARlt Section 1. My disciplinary notion 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 ups any charge of violation of department rules, inefficiency, in®4ntence, mismMuct, negligence, insubordination, disloyalty, or other charge. In cases where the nature of the alleged violation warrants bmueGiate emergency suspension, the officer will rot be suspended for mare than one (1) day by the crew chief. Tie Officer my he suspended with the understanding that if M is later farad innocent a the allegations he will be paid for all time during which he was evpane . Section 2. The masher so charged shall have the right to he acowpanlegal counsel at the hearing as well as by a fulltime representative of the local onion and Steward. TYe Officer so charged shall have the right to confer with his counsel at any time during the hearing and shall have the right to Mae his counsel speak on his behalf. Section 3. Any Officer who feels M fad been aggrieved in any disciplinary action my appeal to the grievance procedure contained in this Agreement. Section 4. Any disciplinary action resulting in loss of time and/or money shall he administered only by the Chief of Police. My written reprimand which is to beams part of the permanent service record of the employee will be issued only by the Chief of Police. 11. Section 5: k investigation of any member or employee suspected of violatrm of deparhrcntal rules and regulations or other misconduct shall he conducted without unreasonable delay and with nuo iimm confidentiality. The investigator shall inform the employee in writing that an official investigation is heing conducted end indicate the nature of Fire allegation which is the cause of the investigation. TT miplainant shall be identified if anonymity is net required by circ:mistances. If the person being interviewed is a witress only, that fact shall be stated to him. Interviews of an employee suspected of violation of rules or of mismnJuct shall be limited to questions directly related to the allegation. An eiploym order arrest or the subject of a criminal investigation shall be afforded all rights granted under such circumstances to any other person. Within twenty (20) working days of the completion of the investigation, the employee shall be notified of the outmwe of the investigatim. The Officer shall receive copy of the final disposition of the case in writing upon request to the investigator. Section 6. A citizen's non -criminal ou plaits against a comber or employee shall be directed to his mmendhg officer. If it is not resolved at this level, it shall be referred to the Patrol Division cwmnader (Captain). A criminal complaint shall be referred to the Chief of Mice. The complainant shall be required to file a formal written sworn statement concerning the allegatim. kW investigation into a criminal matter shall be governed by the applicable Maine State Statutes. A juvenile making an allegation against a Police Officer must he accompanied by his parent or legal guardian when making the formal complaint. A only of the investigator's report of a nen-criminal allegation shall be given to the officer alleged to be involved. In order to provide an objective, unbiased, fair investigation, and to conform 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 emCorcement technical specialities, who will aid in the investigations but shall only report their findings to the Chief, provided that no member of the adainistration has the sane current law enforcement technical specialty. MICIE 24. Section 1. For the duration o£ this Agreement, the Union shall not engage stoppage, a slado.+n, or a strike. Section 2. In consideration of no strike pledge by the Union, the City shall not lookout employees for the duration of this Agreement. AMyICIE 25. Section 1. 'Pre City recognizes the right of the Union to designate a steward and an alternate who must be mothers of this bargaining unit. the Steward and alternate Steward of the Union shall he allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient nanpower available to cause no interference with departmental operations. Stewards of the Union shall he allowed time off with pay during their regular work or shift hours to investigate grievances or to attend grievance hearings if approved by the Chief or Designee. The Steward or alternate shell he allowed up to three (3) days off a year with pay to attend Union Training Schools if approved by the Chief. 12. Sactim 2. No time off or leave of absence shall be peendtted under this Article 25 unless the Chief ar his Designee datermihos there is sufficient vanpasr available for ramal deparUmm[al operations. Section 3. It is wxkrstocd and agreed that all officers have productive work W perform and will not leave their jabs during warking hours to attend Union matters, e>oept as provided above. ARTICLE 26. BULLETIN the City shall permit the reasonable use of bulletin boards by the Union for the posting of notices relating W Union business. ARTICLE 27. REPIRSMHlf 1. Mho City shall continue to provide a retirement henefit pursuant to 5 NIf A, 1092(3) of cal -half (1/2) average final compensation after twenty (20) years of service for employees hired on or before Dec. 31, 1979. 2. Employees hired on or after January 1, 1980, shall be provided a retiremnt benefit pursuant to 5 M , 1092(3) of one-half (1/2) average final compensation after twenty-five (25) years of sarvice. 3. effective January 1, 1983, and pursuant' W 5 MSA, 1092 (3A), (semnid paragraph), police Officers may earn an additional retirment benefit of 28 of average final compensation for each year of service after oopletim of the service conditions for retirement. 4. Effective January 1, 1983, the City will adopt Military Service Credits under 5 MSA, 1094 (13), heaver, Military Service Credits under this section shall only apply to additional retirement benefits and not age or service reguirmments. S. Employeas hired on or after January 1, 1955, shall be provided a retirement benefit pursuant W 5 MRSA, 1121 (4 A C) of one-half (1/2) average final compensation after twenty-five (25) years of service at age fifty-five (55). ARTICLE M. 4ARN RUft5 Section 1. Mum existing work rules are clanged or how rules are proposed, they shall be postal prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections W any proposed work rules shall be made, in writing W the departsent bead who atoll have the responsibility for reviewing such objections and staking final dere mi ation. Appeals from his decision .can he made in accordance with normal grievance procedures. 13. Section 2. (INFORMING OFPICDFE) The City further agrees to famish each Off cer-subject W this contract with a copy of all new work rules thirty (30) days after they become effective; new officers shall he provided with a copy of the rules at the time of him. Section 3. (DNfOP M) Officers shall crnply with all existing rules that are rut in conflict with the terms of this Agreement. Section 4. An unresolved cmplaint involving discrimination in the awlicatofnew or existing rules shall he resolved through the grievance Procedure. ARr'ICCD 2g. FPNAfiN94f RICdRS Except as explicitly limited by Specific PCOVisiOn6 of this Agreement, the City shall continue to have the exclusive right to take any action it deems appropriate in the operation of the Police Department and direction of the work force in accordance with its judgament. Such rights shall include, but shall not be limited to, the operation of the police force, direction of the wOrking forces, the right to hire, to discipline, tO suspend or to discharge for just cause, to Change assignments, to promcte, to reduce or expand the corking forces, to transfer, to maintain discipline, to establish work - schedules, and to introduce new or improved methods or facilities. ARTICLE W. SAVINGS CEAIISE IE any provisions of this Agreement shall be contrary to any law, such Invalidity shall rot effect the validity of the ruining prrrvisione. Any Provisiene subject to this Article shall he renegotiated by both parties. ARIICLE 31. LIE DETECAIR TPST The City shall rot 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. The Owloyer shall rot require aiployees to take out on the streets or highways any equipment that is act in safe operating condition or equipped with the safety appliances prescribed by haw as determined by the N for R»3 mechanic or officer in charge. Item.^ found in need of arm than first level maintenance shall he reported through prol;er channels. - 14. A I(%E 33. WAGES Section 1. Wages for each Police Officer on the payroll the effective date of this Agreement shall he pursuant to the following schedule: (Pregressicn frran ons step t0 the east step shall not be automatic but based on an annual performance rating and a reaamendatiw frac the Mist of Police. A satisfactory lovel of perforwatae by the Officer is sufficient to warrant a merit increase). Effective Effective MP 6-29-86 6-2847 Hired A $290.07 $301.67 After 6 Months B 302.67 314.78 After 1 Year C 322.16 335.05 After 2 Years O 341.66 355.33 After 3 Years E 378.34 393.47 Section 2. My applicant for the Job of Police Officer who has graduated faro Haire Criminal Justice Academy shall he considered for starting salary at Step C. Section 3. Police Officers will he paid weekly. 15. AI 1= 34. 1IIN1 � AGM.MAF]Tf THLS P13i6EMFSlI between U City ml the LTim became effective July 1, 1986 arcs shall mntin m in full form mtl effect until June 30, 1988. UNIQi CM: TH.4MSTEf6 IIIGL UMIM M. 148 of , tll11NfY 6 MUNICIPAL 6AI81F9.B wim STA1E OF YAS4ffi TIM.' C= CF &W(Yllt. IMIth' BY: Mie uolo Date: &airreea agent BY: !2// ff M1 el P. OiMnam %[e: Stewazd 16. 17- v�s CM OF BAN3lR, lNSNE A'N TB4MSIFJLIfNAL mim W. b ml OJUM'Y NID N ICIPAI WRRFAS mlI WM OF NAIVE affiliated win the Int matin l m nerhood of�ters O ffwu , d6reMusem¢n Ml Nelpers of N riM .M.Y 11 1988 .RME 30, 1988 TABIE OF CIXT1EM15 Article Title Preamble 1 Recognition 2 Discrimination Probibited by Either Party 3 Seniority 4 Duties 5 Work Week 6 O ercine Private Services 8 Curt Time 9 Personal Effects Allowance 10 Gothi(g 11 Vacation 12 Solidays 13 Sick Ieave 14 Death Icave 15 Military leave 16 Carpensable Injuries 17 Medical Examinations 18 Medical Insurance 19 lay at 20 Probation Period 21 Indemnification and legal Services 22. Grievance Proiadures 23 Disciplinary Hearings 24 Strikes and lockouts Prohibited 25 Stewards 26 Bulletin Boards 27 Retirement w Wsk Rules 29 Managaont Rights 30 Savings Clause 31 Lie Detector Test 32 Defective Equipment 33 Wages 34 Dsra of Agreement THIS AOFEEMENT effective this First my of .July, 1986, TSE CITY OF BM%yJR, hereinafter referred to as the "CTfT" and MASTERS OD3U MON 648, AFFILIATED WITS THE INMRMTICNAL BROUEN10KO OF TFN1STEFS, CHAUFFEURS, WAREILWGW4A AND HELPERS OF AMERICA, hereinafter referred W ss the "UNION." FRFN u Motion 1. eursuant to the provisions of Chapter 9(a), Revised Statutes of Mauro, Title 26 as enacted by the Maine Legislature in 1969 and as mended, entitled, "Sunicipal Public Evloyees tabor Relation Tdw", THIS AGREEMENT is made and entered into by and between the City of Bangor, Maine, and the Tearsters Local Wim 648 representing the Bangor Police Officers. Section 2. In order to establish mrtval Lights, preserve proper euployee morale, to ptwote effective municipal operations and to prmote the public hsalth, safety and welfare of the citizens, the City of Bargo[, Wain, through its City Cmncil and the Teamsters Ducal Union 6480 hereinafter bind themselves in nutual agm vent. as follows: =CIE 1. REllICNITION Section 1. The city recognizes the Union as the sole and exclusive hmgavnie agent for all Police Officers (Class 433) of the Bangor Police Department. Section 2. Membership in to Local Wim is not mHxilsory. officers have the right to join, not join, naintain, or drop their mastership in the Local Union, as they see fit. Neither party shall exert any pressure on, or discriminate against, any officer as regards such matters. Those evployms who choose net W join the Wim scall W subject to one of the following options: 1. Sign a written payroll authorization deduction in the a cunt of 80% of the present cost of Union dues. or 2. Be subject W no payroll deduction hot if the services of the Union Representative is solicited for a grievance hearing the cost will W $50 hourly. If the Union attorney is solicited for a grievance hearing the cost will he $100 hourly. The Union's cost of tle arbitrator, or proceedings, if any, will be borne by the onployee. Section 3. The City agrees to deduct fran the pay of all officers covered by Nis Agrement the does of the tuml Union and agrns W resit to the Ictal Union all such deductions prior to the end of the month for which such deductions are made. Signed authorizations fron the officers stall he furnished to the City by the Union. Ams nay he cancelled by any esployee upon written notice to the Personnel Director and local R48 within thirty (30) days of the expiration of this mreavent. Section 4. The Union shall indemnify and save the City harmless against all claim and wits which may arise byreof any action taken in makig deductions of said dues and remitting the score to the Union purwant to this Article. ARTICLE 2. DISCRIMIILITICN PROFIBITEO BY ET R PAIRY Section 1. The City and the Union agree not to discriminate against any individual with respect to his hiring, oospensation, terms or conditions of euploynmat because of such individual's race, color, religion, sex, age according to applicable laws and national origin, nor will they limit, segregate or classify individuals In any way m deprive any individual of eaploywnt opportunities beceusa of Us race, color, religion, sex or national origin. Section 2. The Cityagreesrot to interfere with the rights of officers to Woose members of the Union, and there shall be no discrimination, interference, restraint, onron by the City or by any City repreeentative against any officer because of Union dealership or because of any officer's activity in any official capacity on behalf of the Union consistent with this contract. Section 3. The Union shall share equally with the City the responsiCTlity for aWlyi'g this provision of the Agreanant. MfICIE 3. SP CMTY Section 1. Seniority shall be determined by the length of fulltime servioe from the officer's last date of perwnant hire within the bargaining unit. A seniority list shall he established by the City listing all officers covered by this Agrearent, with the erplome with the greatest seniority listed first. Inn seniority list shall be brought up to date on .January lst of every year and Lscediately posted thereafter on bulletin boards for a period of not less than thirty (30( days, and a only of sere shall be sent to the Union and to the Steward. My objection to the seniority list, as ported, wet be reported to the Chief of the Iblice Ueparbrent within ton (30) days low the date posted or it shall stall as accepted. Section 2. Seniority shall be the sole factor in all cotters 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 City for bid by the police officers as won as such opening and/or vacancy becures available. This provision shall also apply to mrUwary job openings that are likely m last thirty (30) or core calendar days. Secimn 4. whenever there is an opportunity for police officers to attend any school sponsored by the Police 0epertnent, notice of won stlwol stall be posted at the earliest possible date. NUICIE 4. ,I I,YIa�Y Section 1. The duties of the Police Officers stall be those duties that come 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 contml and the preservation of life and property. Section 2. Police officers shall not, as a part of a tour of duty, perform ae s for any private interest, except as directed by the officer in charge andinkeeping with departmental rules and regulations. Section 3. The employees unwed 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. A CICIE 5. UORK EIX The City. agrees m consider any proposal sutaitted by the Union for an alternate work week and rotation syston provided that vnch proposal allows the City to schedule the officers on a forty (40) hour work week. the work weak will consist of forty (40) hours. gays off will be consecutive or in accordance with the four (4) daywork week schedulef whichever is applicable. 'the current work schedule atoll remain in effect, however, any new work week schedule introduced during a calendar year will r®ern in effect for the balance of the calendar year. A ICLB 6. OVE.BZME Sec and one-F&on f 11 1/2) tfficers vmess their ieegguulaarr hourlthis y ate l l receive one for rate for worked in excess of the regular scheduled work day, or in excess of forty (40) lours in a psymll week. Section 2, The "regular hourly rate" stall be determined by dividing forty (40 nto the total of the off loom iNividual base weekly salary. Section 3. For the purpose of this Article, "hours worked" shall include f t) 7 -ours spent by theofficers on regular duty, funeral leave, annual leave days and eight (8) or ten (10) tours of holiday pay, whichever is epplicahle, (Article 12, Section 2) if the officer works on the holiday. Section 4. Hours paid for sick leave, worker's compensation, off-duty court time, jury duty, private service duty and holiday pay if the officer does cot work on the holiday stall not be added to the hours worked in e payroll week to produce wartime. Section 5. Detectives will receive $45.00 in addition to the above salaries in lieu of overtime within Ne division because of an unscheduled work week. ARTICLE J. PmN SERVICES Section 1. Officers who work on any outside prlvate service, including but not T1rmitod to, dances, gamest conventions and private functions shall be paid $60.00 for up to four (4) hours for each tour of duty. Hours in excess of four (4) hours in any ore private extra shall be paid $15.00 hurly. Section 2. Private service assignments performed on the holidays specified in this section shall M paid for at double the rates specified in Section 1. 1. New Year's MY - 4. Fourth (4) of July 2. lbanksgiving hay S. Memorial Day 3. Christmas My 6. I Day Section 3. The eight (8) hour period inediately preceding or booed tee lowing New Year's MY, 'Thanksgiving MY, Chrismes Gay, Pourth of July, Motorial Gay and labor Day shall be considered holidays for the iurpose of nay computation under this section. Duty time started within the said eight (8) hours will be paid at the pomades rate for entire private duty. ART CE 8. Q�iAi' TSNe Section 1. Any officer covered by this Agreement who is required to attend Court outside of his regular work shift shall receive m i n of four (4) hours of pay for such attendance. No court timeshall he allured to any such officer who bas been notified that his presence is not needed, Prior to the end of his shift on the day preceding a scheduled Cant attenance. If he is required to stay in attendance at such Court for pore than four (4) hours, in any ore day, he shall be paid for the actual hours spent that day. Pmvlded, however, that any and all fees, compensation or allowances, to which any officer is or world M entitled to for such Court tins, as provided for by statute or Court ceder, 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 $9.00 per Mur for off-duty Court time. ARFICL6 9 1be budget of the Police Department each year shall have an account to be known as the Personal Effects Amount. Each member of the Eargaining Unit shall be reimbursed for Ne replacement mat of personal effects that stall he damaged, destroyed, or lost in the perfonwnnce of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within seventy-two (72) Murs of actual knowledge thereof. This Article hoes but apply to unnecessary expensive items. - MICIE 10. [Mllr:ll!'H Section 1. The City agrees that all officers rumored by this Agreement shall be provided, at no cost to the officers, all uniforms, and other equipment which it dee a necessary for the regular performance of the officers duties. Cleaning of uniforms shall be paid for by the City when an officer is exposed to unusual circumstances which cause him to incur more than normal cleaning expenses. Section 2. "Plain Clothes" Officers shall receive from the City an allowancer Hundred shirrs ($400.00) per year to purchase and maintain their clothing used in the lire of duty. Section 3. All a Ioyees shall receive form the City of Bangor an allowance of Twenty five Dollars ($25.00) a year th purchase some; used in the lira of duty. this allowance will be paid in the first pay period in January. Section 1. Officers who have been on the City's payroll for one or more RxlSerutive years shall be entitled to two (2) weeks vacation with pay each year. Officers with eight (8) years of continuum; service stall begin to accumulate three (3) weeks of vacation. Officers with seventeen (17) years of continuous service shall begin to accumulate four (4) weeks of vacation. Section 2. Cne week of vacation pay shall be the Officer's regular weekly salary as shown in Article 33. Section 3. The vacation schedule stall be posted on December 1 of emh year and remain posted for thirty (30) days to allow the Officers to make their vacation selection by seniority. The selection shall be made in two steps. S1F3 1: All Officers shall make a selection of not more than two weeks. MP 2: After Step 1 is completed, those officers who have additional vacation weeks to their credit shall select their vacation periods foam the weeks remaining open on the schedule. MP 3: Vacation leave moat be taken in weekly increments with the exception of four (4) or five (5) days whichever is applicable. Section 4. Vacation leave days shall be 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 tta Captain. 5. Section s. An officer who retires or resigns or is discharged for. cause prior to taking his vacation shall be entitled W accumulated earned vacation pay in ratio to his length of service, provided the officer has oughleted one (1) full year of continuous service. Section 6. No officer covered by this Agreement may accumulate more than two forty, (240) hours of vacation. Section 7. At an time will Police Officers be forced to take a vacation day. ARTICIK 12. HCUDAYS Section 1. The following holidays shall be paid holidays for all police officers: 1. New year's Day 7. Columbus Day 2. Washington's Birthday B. Veteran's My 3. Patriot's Day 9. Thanksgiving Wy 4. M ial My 30. Friday following Thanksgiving 5. Ddeppdence Day 11. Christmas 6. leapt My 12. Martin Wther King My Section 2. geliday pay shall be eight (8) hours or ren (10) hours, whichever is applicable, at the police officer's current hourly rate in accente ce with Article 33. The majority of hours of any shift aunt have been worked on the holiday to qualify for a worked holiday. Section 3. In lieu of Martin Wthar King Day, Washington's Birthday, Patriot's Dry, Colwlws Dry and Veteran's Day, officers shall be entitled to a vacation of forty (40) hours in addition to their regular vacation. SICK ImW Section 1. Sick leave shall be accrued at the rare of one hundred twenty, 120) honrs per year, accumulative tonne hun r aha ­sixty(960) hYlrs. Section 2. Sick leave shall be charged at the rate of rot more than force 4o homn:a sick leave for each wreak of leave. Section 3. The Chief of Police may require as a condition precedent to the payment of sick leave a certificate of a qualified physician certifying as W the conditions of the officer or menher of his family. Certificate must he presented within forry eight (48) hours after the officer returns to work. Section 4. Tire City will cot be reslxxhsible for the medical expense unless the offl�ser is directed to be examined by a physician named by the City. Section 5. Any officer who willfully violates or misuses this sick leave policy or who misrepresents any statement or coolition under the sick lease policy may he subject to disciplinary action. Section 6. Sick leave may be used for attendance upon members of the family 1vn�and children the wife achildren of the officer and ionated to ninety-six (96) hours per calendar year. ibis provision is intended to cover only those emergency situations where the nature of the illness or family conditions are such flat the officer himself W available to care for his family, limited W one (1) day per incident unless critical. Section 7. officers =at notify the Chief of Police, his Assistant, or the CO in of the shift, as early as possible, but in any case no less than one (1) hour prior W starting tine, o c-hal£ (1/2) hour before beginning of the day shift, in ovIer W 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 from WtTw—�ice with the City, sail is fmrediately eligible for retire- ment benefits pursuant W the Maine State Retirement System as it aiplies W the City, the officer stall receive an amount equal W his salary at the time of his retirement for Anne -Nita (1/3) of the number of hrs. of accumu- ]abed unused sick leave W a maxhmam of three luudred and twenty (320) its. Section 9. Upon the death of an officer covered by this Igrea Ent all accrued�ck leave will he paid W nos estate. Section 10. Sick leave will not be paid when a police officer is capable of and found other work in the Department. ARTICLE 14. DEAM IP W Section 1. In the event of the death of the officer's spouse or child, the O££rcer stall be entitled W five (5) days bereavement leave. In the vent of the death of the officer's mother, father, brother, sister, mothar- in-law or father-in-law, grandmother, grandfather or grandchild, step- mother, step-fattrer or step thildren, the officer small he entitled W up W Unree (3) days leave for the purpose of attendance at the funeral and assisting in the necessary family arrangements. Such leave shall he with pay and without any deduction fran sick leave. Section 2. An acunt of time determined by the 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 oder Section 1 above; aunt, uncle, niece, nephew, bmNer-in-law, sister-in-law, or any other relative not named in this Section, when such other relative is living in the sate household as the officer. Said time off stall he with pay and without deduction from sick leave. Infer W Wle 1G -B-3 of the Fersmnel Wise. ARTICLE 15. WfIrmy ryS Military leave shall be granted W members of the Department for annual military training. Personnel on annual 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 itemized listings of the above which shall be signed by his Convadi g Officer or Ftrsonnel Officer. Military pay shall W limited W two (2) work weeks per calendar year. 7. M ICIE 16. Section 1. when M eipleyee receives an injury or illness cn his regular m aha is unable to per£mm his regular assigned job, he may he assigned, if available, offer work unusually 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 upcn the report of the attending physician. The physician will be the soul authority in determining what weak an injured officer will be allowed to acraplish. M eaployee will not be [moved form a light duty assignment and assigned his regular job until the physician certifies that the employee is able to return to work. Every three (3) ninths 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. My disagreements in regards to the physicians statement shall -moved by Article 17, Medical Examinations. Section h. No light duty assignment will result in a permanent Lisplaoment of another Police Department member. Light Mty assignment will nit effect the pay or benefit status of the eweloyee. Light duty assignment will Out be assigned to officers for the purpose of demeaning, discriminating, or punishing the officer for his injury. Section 5. Employees recuperating from injury ar illness shall be allowed w mwm to work on a limited duty schedule provided that the employee is ahle to perform the duties of the available job. Section 6. When a Police Officer in the muse of his exploynent is inwl �m incident of severe trammm, 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 shell be Dome by the City. If after the psycMlogical examination counseling is recommended, than the officer shall receive ccunasling at the oast of the City. If applicable, the light duty assignment shall apply. Section J. If the physician's statement readers an employee incapacrtated m that he will never he able to return to work as a Police Officer, the employee will immediately apply for Disability Petirenent. Section B. My time loss hecause 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 wrrtten permission £ran 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 (12) consecutive noaths while on worker's mmnpensation unless a longer period is approved by the City Manager. ARIICIE 17. MEDICAL E IMATIONS Section 1. the City may require that the Officers covered by this Pgreanent Mve a medical examination. Such examination shall he scheduled at regular intervals for all Officers and shall not exceed one (1) medical examination per year, unless the Officer has suffered. 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 on physician and shell be responsible for making the appointments with the medical examiner. Section 3. If the medical examiner or physician selected by the City renders an opinion that the Officer is physically disqualified to perform the work of Iblice officer, theOfficermay he by a physician of his choice. Section 4. In the event of disagreement between the doctor selected by the City aha the ddctdr selected by the Officer, the City aha the Union shall together select a third doctor to re-exandne the Officer. The third doctor's opinion shall he final. Section 5. she cast of all examinations, except for the cost of du exaMlost n perfarmed by the employee selected medical examiner, shall be paid for by the City. Section 6. Medical examinations shell he scheduled during the Officer's working houra, as much as possible. if such examinations are scheduled outside of the Officer's scheduled working hours, the Officer shall receive two (2) hours pay at the aiplicable hcurly rate for each examination required by the City. AFTICLE 18. MEDICAL INSURANCE 1. Employees hired on or after July 1, 1984, that subscribe to the family coverage, will pay by payroll deduction $8.86/wk. thou June 30, 1987. 2. For agnloyees hired before July 1, 1984, the City will pay for the full coat of the applicable individual coverage up to $75.12, single parent coverage up to $122.45, or family coverage up to $168.27 of the present health insurance plan. The health insurance benefits shall equal or exceed Blue Crass 180, Blue Shield Plan 680 (808 UCR). 3. Effective July 1, 1987, the City will pay 508 and all employees will pay by payroll deduction 508 0£ the increased cost of the present plan beyond the above stated oasts. 4. Oiployces will pay by payroll deduction any increased cost effective July 1, 1988, and thereafter, unless otherwise negotiated. 5. Arty a loyce whose spouse receives either twcyerscn or full family coverage as an employee of any Soutar City Department, including the School Department, is not eligible for dual health insurance coverage. ARTICLE 19. LAY OFF In the event of a layoff of personnel in the bargaining unit, permanent Officers shall he laidoff in inverse other 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. ARTICIE 20. Section 1. All appointments shall he made for a probationary period of twelve (12) months; and all appointees retained in service after the c Ietfon of such prohation shall be deemed permanent officers. PrObatiamty officers shall be Sunject th the p isiaws of this Agreement, however, the City shall have the right to tensinate without compliance with the terms of this Agreement, the employment of any such new officer within twelve (12) months frau the commencement of the porhatim period. ARTICM 21. INDR FICATION PND LMlAL SERVICES Refer to City Ordinance Chapter 1, Article 7, Section 1 thru 1.4. ARTICLE 22. ORIEVPNCE PRK' won Section 1. A grievance, for the purpcses of this Article, shall he defined as any controversy, w lain, misunderstanding or dispute as to the meaning or spplication of the specific terms of this collective bargaining agreement arising between an Officer or Officers aha the City, or between the Onion aha the City. Section 2. Every reascoable effort shell be made by the Isrties involved to arrive at a fair and equitable resolution of every grievance without resorting to the grievance pro allure hereinafter set forth. if this is found to be impossible, the matter may ha suhmitted to the grievance Procedure in acw Jance with the terns of this Article. Section 3. If the grievance has not been adjusted informally as above suggested it may he submitted to the following procedures: A. The steward, with or witlnut the Officer, shall take up the grievance or dispute in writing with the Chief of Mice within ten (10) days after the date of the grievance or of the officer's knowledge of its appearance. The Chief of Police shall attempt to adjust the matter and shall render his decision to the steward in writing within ten (10) calenclar days. 10. B. If said grievance has not been settled, it shall be presented in writing to the City Manager and/or Iaraonmel Director within can (10) calendar days after the Chief of Police's decision is renlered. 11he City Manager arA/cr Perswmel Director stall render his decision to the Steward aha the Union business agent in writing within the ten (10) calendar days after presentment to him. the Manager aha/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 two (10) calealar days, by written notice to each other, submit said grievants to the Maine Beans of Arbitration in accotcance with Section 970 of the Maine Public Employees labor Relation law. (a) The decision of fire arbitrator shall he biding as to the grievance a fitted. (b) The general expense of the arbitrator shall he shared equally by the Union arsl the City. (c) Grievances initiated by the City shall be prcceased in the same manner, but may he started by Step B. Section 4. Time limits specified may to exteMed by mutual agreewant confr in writing. ARPICLE 23. DLSCIPLINMY HEARINGS Section 1. Any disciplinary action by the Chief of Police, or the aping Chief, against any merbar of the Barter 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, incrmpetente, misocc uct, negligence, imwmbordira[ion, disloyalty, or other charge. In cans where the nature of has alleged violation warrants immediate emergency suspension, the officer will rot be suspended for more than one (1) day by the crew chief. 11ne Officer may he suspended with the that if he is later fount innocent of tic allegations he will be paid for all time during which he was suspended. Section 2. 'Itre soarer so charged shall have the right to be acmmpan by legal counsel at the healing as well as by a fulltime representative of the local Union aha 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 ccuvael speak on his hehalf. Section 3. Any Officer who feels he tad been aggrieved in any dimlpr —m—a cion may appeal to the grievance promdure contained in this Agreement. Section 4. My disciplinary action resulting in loss of time and/or money shall be administered only by the Chief of Police. My written reprimaM which is to became part of the penrenent service record of the employee will be isacd only by the Chief of Police. 11. Section 5: An investigation of any member or evpioyee suspected of violation of deparboental rules and regulations or other misconduct shall be conducted without unreasonable delay and with maainue confidentiality. lbe imrestigator shall inform the a:ployse in writing that an official investigation is being conducted and indicate the nature of the allegation which is the cause of the investigation. The ouplainant shall be identified if anonymity is not required by cirewretances. If the person being interviewed is a witness only, that fact shall he stated to his. Interviews of an employee suspected of violation of rules or of misconduct shall be limited to questions directly related to the allegation. An anployee under arrest or the subject of a criminal investigation shall be afforded all rights granted under such cirmnstances to any other person. Within twenty (20) working days of the omnpletion of the investigation, the employee shall be notified of the Uutcrna of the investigation. 19c cfficer shall receive copy of the final disposition of the use in writing upon request to the investigator. Section 6. A citizen's non-crimtnal complain against a mes0fer or ®ployee shall he directed to his mamnding officer. If it is not resolved at this level, it shall be referred to the Patrol Division oaaander (captain). A criminal complaint mall he referred to the Chief of Police. She cangdalnant shall be required W file a formal written swum statenent concerning the allegation. Amy investigation into a crbninal matter shall be g srrad by the applicable Maine State Statutes. A juvenile making an allegation against a Police Officer rust be acewcoanied by his parent or legal guardian when making to formal onsplaint. A eRy, of the investigator's report of a non-crLoirel allegation shall be given to the officer alleged to be involved. In order to provide an objective, uMiased, fair investigation, and to mrtona to the past practice and custon, no patmLmmn mall investigate another patmNan. He ever, to Chief or Assistant reserves the right to assign patrolman who have advanced law enforcement technical specialities, who will aid in the investigations hot shall only report their findings to the Chief, provided that no nerber of the administration as the sane current law enforcement technical specialty. ARffCis 24. Section 1. For the duration of this Arlraa:ent, to Union shall not engagek stoppage, a slowdown, or a strike. Section 2. In consideration of no strike pledge by to Union, the City shall m�kout m:plcyms for to duration of this Agreaient. A CL6 25. STf.'4LWlri Section 1. The City recognizes the right of the Union m designate a Steward and an alternate who mast be manners of this bargaining unit. The Steward and alternate Steward of the Union shall he allowed tine off with pay, for official Union business with representatives of management upon appointment, if tare is sufficient manpower available to cause no interference with depa[Wental operations. Stewards of the Union shall be allowed tine off with pay during fair regular work or shift hours to investigate grievances or to attend grievance hearings if approved by the Chief or Designee. The Steward or alternate shall be allowed up to three (3) days off a year with pay to attend Union Staining Schools if approved by the Chief. 12. Section 2. No tine off or leave of absence shall be permitted under this ArtT unless the Chief or his Designee determines more is sufficient manpower available for ramal departmental operations. Section 3. It is understood and agreed that all officers have prudnctrve work to perform and will not leave their jabs during working hours to attend onion matters, except as provided above. MICE 26. BEB=N �9RDS The City shall permit the reasonable use of bulletin boards by the Union for the postLg of notices relating to Union boniness. AR71CIE 27. RErlaEMerr 1. The City Nall continue to provide a retiresest benefit pursuant W 5 MASA, 1092(3) of one-half (1/2) average final cospensation after twenty (20) years of service for espployees hired on or before Dec. 31, 1979. 2.. Esployees hired on or after .January 1, 1980, shall he provided a retirement benefit pursuant to 5 P , 1032(3) of ore -half (1/2) average final coapensation after twenty-five (25) years of service. 3. Effective January 1, 1983, and pursuant to 5 MRSA, 1092 (3k), (semnd paragraph), Iblice Officers may earn an additional retirenent benefit of 28 of average final cospensatfon for each year of service after mipletim of the service conditions for retirement. 4. Effective January 1, 1983, the Qty will adopt Military Service Credits under 5 1 , 1094 (13), however, Military Service Credits under this section shall only apply to additional retirosant benefits and not age or service requiraients. 5. Eiployees hired on or after January 1, 1985, shall he provided a retivesent benefit lamuant to y M , 1121 (4 A C) of one-half (1/2) average final mnpensation after twenty-five (25) years of service at age fifty-five (55). ARrICW M. �T Section 1. Wien existing work rules are changed or now rules are proposed, they shall be posted prosinently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rules shall be nade in writing to the departuant Mad who shall have the responsibility for reviewing such objections and raking final detetmination. Appeals fma his decision can be made in accardance with nomnal grievance procedures. 13. Section 2. (INFUMIW OFFICERS) The City further agrees to famish eachfOiice� mbject to this Coatract with a copy of all new work rules thirty (30) days after they become effective; Brew officers shall he provided with a Copy of the rules at the time of hire. Section 3. (FNFOPCINO) Officers shall Comply with all existing rules that are net in conflict with the terms Of this Agresnent. Section 4. M UhmSOlved corplaint involving discrimination in the applicet�new Or exmtirg rules shall be resolved through the grievance procedure. ARFICIE V. lmINGFFd4Iaf AI2n5 Eacept M explicitly limited by specific provWMS of this Agreement, the City SM11 Continue to have the exclusive right to take any action it dams appropriate in the operation Of the IOlice Oepartnant and direction of the work force in acCoManxa with its judgmsnt. Such rights shall include, but shall not be limited W, tha Operatim of the police force, direction of the waking forces, the right to hire, tO discipline, to suspend or to discharge for just rause, to change assigmnmtan to por te, to reduce or expand the working faces, to transfer, to maintain discipline, to esmalish cork schedules, and to introduce new or inpmved nerhods Or facilities. ARTICLE M. SAVI" CLAUSE If any prwisims of this tgrtwent shall be contrary, to any law, such invalidity shall not effect the validity of the r=maidi g provisions. My Provisims subject to this Article shall be renegotiated by both parties. ARYICU 31. LIE OElEC1UR S 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. ARITCtE 32. DEFECTIVE EgRPMFNf The Ibplopsr Mall rot require employees to take out on the streets or highways MY equiprent that is not in safe operating Condition or equipped with the safety appliances proscriber] by law aM determined by the rotor po01 mechanic Or Coanunding Officer in charge. Iona feud in -need of more than first level maintanence shall be reported through proper channels. 14. A ICIE 33. WAGES Sectim 1. wages for each talice Offimr m the paymll tM effectiw date of Nis Agr nt SM11 N pursuant to the follwing scMdule: (Progression frau ane step m the nett step stall not be automatic but based m an arcual pertotaMn ratir and a remimeMatim fr the Chief of Police. A satisfactory level o£ performance by Ne Officer fe sufficient w warrant a merit increase). Effective Effective S1EP 6-29-86 6 MID 7 Hired A - $290.07 $301.67 After 6 moths H 302.67 314.98 After 1 Year C 32216 335.05 Atter 2 Years D 341.66 355.33 After 3 Years E 378.34 393.47 Sectim 2. My applicant for the job of Police Officer win has graduated frau mire Crimfml Justice Made s l Ee considered fm starci.g salary at Step C. Hectim 3. Police Officers will he paid weekly. 15. AWIUE 34. TEFM of ACdffiMl ms AG1lF.F.MINf tetween the City and the Minn baceQ¢ effective July 1, 1986 and shall mntinne in full force and effect until June 30, 1988. WIQI- CITY- TENLIERS LMNL DNION W. 448 mm, 20NLY 6 M ICIPAL H3tEf]IB INION SIRM w MAINE m cm OF B4INYDR, MAINE BY: By; Paul F, Miraglim0 I : Jahn W. Flynn mte: Business Agent City Manager BY- BY- Mic el P. 0 Date: J R. I4rI�iI ry cater Steward Personnel Mtector 16.