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HomeMy WebLinkAbout1984-06-25 84-240 ORDER84-240 Introduced by Councilor Cox, Jane 25, 1984 _ CITY OF BANGOR (TITLE.) (gr1treTe......Authorizing the City Manager to Ibtecute Contrast with Local 48, Teamsters, State, County and Municipal Workers Union. BV the City (Nand of she oft 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 UPI care oP the Bangor Police Dept., a copy of which is on file in the office a the City Clark. B4-248 ORDER �ti i ' 21 P240 IP CI'M COIMCIL� June 25, 1984 -� - passes Title, -.` RECEIVED A tncrizinq the city eeamger to execute `.,, CITY OF BANGOR ..... ...... .... ........ CITY CLERK cxxr xzwc _ Contract with Local 48, 'hamsters, State, .,. ...................................... _ County and rwicipal Workers union. oduc8d�wd--tt; } F Y 2 �/d AGM=T cm OF BANGOR, NAIVE AND TEAMgMS LOCAL WMN NO. 48 STATE, COMY AND MUNICIPAL YRJNKERS UNION KAM OF N M affiliated With the International Brotherhood of Umaters Chauffeurs, Wa hcosemen and Nelners of America NLY 1. 1961. JUNE 30, 1986 TABLE OF OCHfFldls Article Title Pew Preamble 1 1 . . ... . . . . . . . . . Recognition . . . . . . . . 1 2 .. . . Discrimination Prohibited By Stber Party . . . 2 3 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Duties. . . . . . . . . . . . . . . . . . . 3 5 .Work Week . . . . . . . . . . . . . . . . . . . . . . . 3 6 Overtime 3 7 ..... 6 ..... Private Services .. ... .. 4 B . .................. -Court TDme. 4 9 ........ Personal Effects Allowance .... 4 10 . . . . . . clothing .... .. .. . . . . . . . . . . . .. . . . . . . . 5 11 . . vacation . 5 12 .... .. . . . . . Holidays .......... 4 .. . . .. ...... ... .. 6 13 Sick Leave ............. .... 0 . 0 .. 0 6 14 Death Leave .... 4 .......... .. 7 15 Military. Leave. .. .. .. 7 16 Compensable Injuries . . . . . . . . . . . . . . . . . 8 17 Medical Ixaminations. . . . . . . . . . . . . . . . . . 9 18 Medical Insurance . . . . . . . . . . . . . . 9 19 Lay Off . . . . . . . . . . . . . . 30 20 Probation Period . . . . . . . ... 10 21 ]bdemn.iicetion and legal services. . . . . . . . . 10 22 Grievance Procedures. . . . . . . . . . . . 10 23 Disciplinary Hearings . . . . . . . . . . 1T 24 Str s and Lockouts Prohibited . . . . . . . . . . . . 12 25 Stewards.. .. 4 ......... ... .... 12 26 Bulletin Boards . . . . . . . . . . . . . . . . . . . . 13 27 Retirement. . . .. . ... .. . .. .. . . . . . . 13 28 Work Roles. . . . . . . . . . . . . . . . 13 29 Management, Rights . . . . . . . . .. . . . . . . . . . 14 30 savings Clause . . . . . . . . . . . . . . . . . . . 14 31 Lie Detector Test . . . . . . . . . . . . . . . 14 32 Defective Equipment . . . . . . . . . . . . . . 14 33 Wagas . . . . . . . . . ... . . . . . . . 15 34 Term of Agreement . . . . . . . . . . . . . . . . . . . 16 7aS AGRE MNT effective this First Day of July, 1984, W CITY OF EdNo0R, hereinai'ter referred to as the 1101=1 and nfEAMSTFgS IOCAL WON #48, AFTILIATEC NITM TME INTERNATIONAL BRITHE WD OF TEANMRS, .CHAUFFEUR$, WAI USNdFN & dIlPEFS OF AMERICA, heminafter referred to as the 'UNION', PREMBII,E Section 1. Poreuad to the provisions of Chapter 9 (a), Revised Statutes of Maine, Title 26 as enacted by the Maine Legialature in 1969 and as amended, entitled, nFhndcipal Public Msnloyees Labor Relations Lame, THIS AGiMIENT is made sand entered into by and between the City of Bangor, Maine and the Teamsters Local Union #48 representing the Bangor Police officers. Section 2. In order to establish mutual rights, preserve pamper employee morale, to promote effective mwricipal operations and to promote the public health, Beaty and welfare oY the citizens, the City of Bangor, Maine, through its City Council and the Teamsters Local Union #48 hereinafter bind themselves in actual agreement as follows: ARTICLE 1. REWGNIT Section 1. The City recognizes the Union as the sole and exclusive barpatndng agent for all Police Officers (Class 433) of the Bangor Polies Department. Section 2. Membership in the Local Union is not campOISOU Officers have the right to join, not join, maintein, or drop their member_ ship in the Local Union, as they see at. Neither party ah start , pressure on or discriannate against, aq officer as mgards such matters. These employees Nbo choose not to join the Union shall be subject to one of the following options: I. Sign a written payroll authorisation deduction in the asopnt Of 80% of the present cost of union dues. or 2. NO subject to no payroll deduction but if the services of the Union Representative is solicited for a grievance hearing the coat will be $50 hourly. If the anion attorney is solicited for a grievance hearing the cost will be $100 hourly, The Unions cost of the arbitrator, or proceedings, If OhYs All be borne by the employee. Section 3. The City agrees to deduct from the pay of all officers Covered by this Agreement the dues of the Local Union and agrees to remit to the Local Union all such deductions prior to the and oY the month for which such deductions are maze. Signed authorizations from the officers shall be furnished -to the City by the Cagan. Lyes as, he cancelled by env empinym UPM Written notice to the Personnel Mractor and Local 48 within thirty days of the expiration of this agreement. Section L. The Cyon shall indemnify and save the City harmless against all claims and suits MSU may arise by reason of any action taken in makixng deductions oY said dues and remitting the same to the Uhion pursuant to this Article. ARTICLE 2. DISCRIMINATMN PIDRI M a EDfRER PARTY Section 1. The City and the Union agree not to discriminate against any individual with respect to his hiring, compewation, teams or conditions of employment because of such individual's races color, religion, sex, age according to applicable laws and national origin, nor will they limit, segregate or classify individuals in any way to deprive any individual of employment opportua ties because of his ram, color, religion, sex, or national origin. Section 2. The City agrees not to interfere with the rights of officers to beceme members of the Umwv and there shall be no discrimination, interference, restraint, or mercies by the City or by any Qty representative against any officer became of Uauon membership or because of any officers activity in an official capacity on behalf of the Union consistent with this contract. Section 3. The @Son shall share equally with the City the responsibility for applying this provision oI the Agreement. ARTICLE 3. SEXI0MY Section 1. Seniority shall be determined by the length of full time service from the officer's last data of permanent hire within the bargaining wit. A seniority list shall be established by the City listing all officers covered by this Agreement, with the employee with the greatest seni.ority'listed first. The sedoroty list shall be brought up to data on January ist of every year and immediatel'j posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of same sbell be sent to the Uuon aM to the Steward. Any objection totheseniority list, as posted, must be 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 be a factor it consideration of matters affecting transfers and work shifts. Section 3. All permanent job openings and/or an vaccies shall be posted by the City for bid by the police officers as soon as sucha opening and/or vacancy becomes available. This provision shall also apply to temporary job openings that are likely to last 30 or more calendar days. Section A. 6:nenever there is on 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 L. =lEs Section 1. The duties of the Police Officers shall be those duties that come under the ,jurisdiction of the Chief of Police including the e+dorcement of City ordinancest light or alternate duty, state and federal statutes, the patrolling of the city streets for crime prevention and traffic control and the preservation of life and property. Section 2. Police officers shall not, as a puri of a tour of duty, perform services for ar¢, private interest, except as directed by the officer in charge end in keeping with departmental rules and regulations. Section 3. The employees covered by this Agreement are police officers (Clara 4T3). City agrees not to assign persons from outside of the bargaining unit to perform police officers work when any, officer is available, except as per past practice of second Sgt. replacing the Police officer. ARTICLE 5. - WORY, wEIX The City agrees to consider any proposal submitted by the Union Ior an alternate work week and rotation system provided that such proposal allows the City to schedule the officers on a forty (40) hour work week. The work week will consist of forty (Lo) hours. DVs off will be consecutive or in accordance with the four day work weak schedule, whichever is applicable. The current work schedule shall remain in effect, however, any new work week schedule introduced during a calendar year will remain in effect for the balance of the calendar year. ARTICLE 6. OV Ra Section 1. All officers covered by this Agreement, except Detectives, shell receive one and one—half (le) times their regular hourly rate for all hours worked in excess of the regular scheduled work day, or in excess of Iorty (40) hours in a payroll week. Section 2. The "regular hourly rate" shell be determined by dividing forty (Lo) into hotal of the officers individual base weekly salary. Section 3. For the purpose of this Article, "horns worked" shell include those hour pant by the officers on regular duty, funeral leave, annual leave days and eight (g) or ten (10) hunts of holiday pay, whichever is applicable, (Article 129 Section 2) if the officer works on the holiday. Section A. Hours paid for sick leave, workmen's compensation, off duty Court time, jury, duty, private service duty and holiday pay if the officer does not work on the holiday shall not be added to the haus worked in a payroll week to produce overtime. 3. ARTICLE 7. 13:LU:yd&1sAUINaC. Section 1. Officers who work on any outside private service, including but not limited to, dances, games, 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 say one private extra shall be paid $15.00 hourly. Section 2. Private service assignments performed on the holidays speei£ied =Us section shall be paid for at double the rates specified in Section 1. 1. New Year's Day 4. Fourth (4) oS July 2. Thanksgiving Day 5. Memorial Day 3. Christmas Day 6. Labor Day "Section 3. The eight (8) hour period immediately preceding or iomediately following New Year's Day, Tasniagiving Day, Christmas Day, Fourth of July, Memorial Day end Labor Dov shell be considered holidays for the purpose of pay computation under this section. Duty time started witbin said eight (8) hours will be paid at the premium rate for entire private duty. ARTICLE 8 .lvl Sin Section 1. Any officer covered by this Agreement who is required to attend Court outside of his regular work shift shall receive a mI nmom of four (4) hours of pay for such attendance. No court twee shall be 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 requiredto stay in attendance at such Court for moans than four (4) hours, in any one day, he shall be paid for the actual hours spent that day. Provided, bo,ever, that say and all fees, compensation o allowances, to which any officer Is or would be entitled to for each Court time, as providedfor. by statute or Court order, shall be turned over -and pad to the City, and not retained by the Officer. Section 2. Officers shall be paid at the rate of $8.50 per hour for off duty Court time. Effective 7-7-85 Officers shall be paid at the rate of $9M per hour for off duty Court time. ARTICLE 9. PER9JNAL EFFECTS ALIONANCE The budget of the Police Department each year shall have an account to be known as the Personal Effects Account. Each member of the Bargaining Unit shell be reimbursed for the replacement cost of personal effects that shall be damaged, destroyed, or last in the performance of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within seventy—two (72) hours oP actual knowledge thereof. This Article does not apply to unnecessary expensive items. AMCLE 30. CLOMIfG 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 whish it deems necessary for the regular performance of the officers duties. Cleaning o4 usdtorms shall be paid for by the City when an officer is exposed to unusual circumstances which cause him to incur more than normal clearing expenses. Section 2. Effective 1-3�5 'Plain Clothes" Officers shell receive from the city 77aMMmce of Four Hundred Dollars (540.00) per year to purchase and maintain their clothing used in the line of duty. Section L. All employees shall receive from the City of Bangor an Allowance of 525.0 twenty—five) dollars a year to purchase chose used in the line of duty. This allowance will be paid in the first pay period in January. AWIME 11. VACATION Section 1. Officers who have been on the Citys payroll for one of more years shell be entitled to two (2) weeks vacation with pay, each year. Officers with eight (8) years of condi-nous service shell begin to acmmiulate 3 weeks of vacation. Effective 1-2x63. Officers with seventeen (17) years of continue service shall begin to accw elate four (4) weeks of vacation. Section 2. Oce week of vacation pay shall be the Officer's regular weekly salary as shown in Article 33. Section 3. The vacation schedule shall be posted on December 1 of each 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. = 1: All Officers shall mals¢ a selection of not more than two weeks. STEB 2: After Step 1 is completed, those officers who have additional vacation weeks to their credit shall select their vacation periods free the weeks remavdng open on the schedule. STEP 3: Vacation leave must be taken in weekly increments with the exception of four (4) or five (5) days whichever is applicable. Section L. Vacation leave days shall be granted upon request If the necessarye pp rsonnel are available at the time of request, lindted to four (4) or Sive (5)days per year, whichever is applicable, with the approval of the Captain. Section 3. An officer who retires or resigns or is discharged for cause prioro� his vacation shall be entitled to accumulated earned vacation pay in ratio to Itis length of service, provided the officer has completed one fail year of continue service. Section 6. No officer covered by this Agreement may accumulate more than two hundred forty (240) hours of vacation. Section 7. At no time rill Police officers be forced to take a vacation day ARTICLE 12. HOLIDAYS Section 1. The following holidays shall be paid holidays for all police officers: 1. New Year's Dar 7. Columbus Day 2. 4'ashington''s Birthday B. Veterans Day 3. Patriot's Day 9. Thanksgiving DV 4. Memorial Day lo. Friday following Thanksgiving 5. Independence Day 11. Chnistmas 6. Labor Day 12. Martin Luther King Day . Section 2. Holiday pay shall be eight (B) hours or ten (10) houses, whichever is applicable, at the police officer's current hourly rate In accordance with Article 33 . The majority of hours of any shift must have been worked on the holiday to qualify Por a worked holiday. Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Dov, Labor Day and Veteran's Day, officers shall be entitled to a vacation o4 forty (4o) hours in addition to their regular vacation. A.4TICLE 13. SICK LEAVE Section 1. Sick leave shall be accrued at the rate of one hundred twenty 120 hours per your, accumulative to nine hundred and sixty 9 0 hours. Section 2. Sick leave shall be charged at the rate of not more than forte hours sick leave for each weak 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 to the conditions of the officer or umber of his family. Certificate must be presented within W hours after the officer returns to work. Section 4. The City will not be responsible for the medical expense unless the officer is directed to be exmixed by a physician named by the City. Section 5. AV officer who willfully violates or alsuses this sick leave policy or who misrepresents my statement or condition under the sick leave policy may be subject to disciplinary action. Section 6. Sick leave may be used for attendance upon members of the family limited to the wife and children of the officer and limited to nines b hours par calendar year. This provision is intended to cover only those emergency situations where the nature of the illness or Smelly conditions are ana that the officer himself be available to care for his family, limited to one (1) day per incident unless critical. Section 7. Officers most notify the Chief of Police, his Assistant, or the W rn charge of the shift, as early as possible, hot in any case no less than one (1) hour prior to starting time,Order Ner to draw sick lee benefits, unless a shorter time is approved by the Chief. Section 8. Caring the term of this Agreement, when an officer retires from active service with the City, and is immediately eligible far retirement benefits pursuant to the Maine State Retirement System as it applies to the City, the officer shall receive an mnount equal to Ms salary at the time of his ratire- ment for ane-thixtl (1/3) of the comber of hart of accummleted unused sick leave to a ma:dmom of three hundred and twenty (321 hours. Section 9. Upon the death of anofficer covered by this Agreement all accrued sick leave will be paid to us estate. Section lo, Sick leave will not be paid when a police officer is capable of and found other work in the Department. ARTICLE 14. Dam LEAVE Section 1. In the event of the death of the Officer's speuse 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, mother-in-law or fatherii Iaw, grandmother, grandfather or grandchild, step -mother, step -father or step -children, the officer shell be entitled to up to three (3) dgrs leave for the purposeof attendants at the funeral and assisting in the necessary family sereage- ments. Such leave shall be with pay and without any deduction from sick leave. Section 2. An ancant of time determined by the Chief, hot in no case to exceed one 1 day will be allowed for attendance at flmerals of the following relatives of the officer not provided for under Section 1 above; abet, uncle, 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 household as the officer. Said time off shall be with pay and without deduction from sick leave. Refer to Rule 10d? 3 oY the Personnel moles. ARTICLE 15. MnWoRY LEAVE Military leave shell be gramA.ed to members of the Department for anrmai military training. Personnel on arumal military training shall be pad the difference between their military pay and what their City Pay would have been. Military pay shall include the individuals pay plus subsistence and quarters. The individual shall submit itemised listings of the above wbi.eh shall be signed by his Contending Officer or Personnel Officer. Military par shall be limited to two work weeks per calendar year. ARTICLE 16. Section 1. When an employee receives an injury or illness on tis regular job and is double to perform his regular designed 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 determining what work an injured officer will be allowed to accomplish. An employee w111 not be removed from a light duty assignment and assigned his regular job until the physician certifies that the employee is able to return to work. F ery three (3) months the officer will report his status to the Chief or his designee. ogre status report will be a new attending physicians statements. Section 3. Any disagreements in regards to the physicians statement shall be resolved by Article 17, Medical Examinations. Section L. No light duty assignment will result in a permanent displacement of another police department member. Light Buty assignment mill not effect the pay or benefit status of the employee. Light duty assigoment will not ba assigned to officers for the purpose of demanding, discriminating, or punishing the officer for his injury. Section 5. Employees recuperating from injury or illness shall be allowed to return to work on a limited duty schedule provided that the employee is able to perform the duties of the available job. - Section 6. Chen a police officer in the course of his emplmyment is involved in an nciden of severe truest, he shall receive a psychological examInatIon upon the request of the officer by a psychologist or psychiatrist of the officers choice. Cost of the exa oration shall be borne by the City. If after the psychological examination concealing is recommended, then the officer shell receive counseling at the cost of the City. If applicable, the light duty assigdment shall apply. Section 7. If the physicians statement renders an employee incapacitated e that he will never be able to return to work a a Police Officer, the employee will nimediately apply for Disability Retirements 'Section a. Antyy time loss because of injuries received In the line of duty and covered by werknen's compensation shall not be charged to sick leave. Section 9. An officer will return to work or lose his city pay check upon written permission from the doctor that he is capable of performing his regular dutiesorother work within the department. Section 10. Sick and vacation benefits will accrue for a period of only 12 consecutive months while an workmenls compensation unless a longer period is approved by the City Manager. ARTICLE 17. MEDICAL E%ANINATIMS Section 1. The City may require that the officers covered by this Agreement have a medical esaminetion. Such examination shall be scheduled at regular intervals for at officers and shall not exceed one medical exaeanation per years unless the officer hes suffered injury or illness anise might effect Us ability to perform his work. Section 2. Tee City shall have the right to select its own medical examiner or plcysician and shall 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 physicalyv disqualified to perform the work of police officers 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 City and the doctor selected by the officers the City and the Union shell together select a third doctor to re-examine the officer. The third doctor's opinion shall be final. Section 5. The cost of all examinations, except for the cost of the examination performed by the employee selected medical examiners shell be paid for by the City. section 6. Medical examinations shall be scheduled during the officer's working boor, as much as possible. If such examinations are scheduled outside of the officer'sscheduled corking hours, the officer shell receive two (2) hours pay at the app5icable hourly rate for each examination required by ise City. ARTICLE 18. MEDICAL INSURANCE 1. The City will pay the full cost of the applicable individual or family coverage of the present health insurance plan through June 30, 1986, for employees hired on or before June 30, 1984• The employee will pay by payroll deduction any Increased cost effective July 1, 1986, and thereafter. 2. Mpleyees hired on or after July 1, 1984, that subscribe to the family coverage effective will lbesrequi ed to pay by also be payroll ll deduction $4.75 meekly. The increase 1985 paid by the employee for the family coverage. I. Aav employee whose spouse receives either tw person or full family teverega asan employee of any Hanger 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 uu t, permanent officers shall be_laid off in Inverse order of length of service in their classification. The laid bff officers with the greatest length of service shell be retired first. No new officer shall be hired until all laid -off officers have been given an opportunity to return to work. ARTICLE 20. PRIBATION PERIDD Section 1. All appointments shall In the first instance be made for a probationary period of twelve months{ and all appointees heretofore or hereafter retained in service after the completion of such probation shall be deemed permanent officers. Probationary officers shall be subject to the provision.; 04 this Agreement, however, the City shall have the right to terminate without compliance with the terns of this Agreement, the employment of any such new officer within twelve (12) months from the commencement of the probation period. ARTICLE 21.- INDENNIFlCATIDN AND LEGAL SERVICES Paper to City Ordinance Chapter 1, Article 7, Section 1 thru 1.4. ARTICLE 22. GRIEVANCE PMCE U Section 1. A grievance, for the purpose of this Article, shall be defined as a controversy, complaLm, misunderstanding or dispute as to the meaning or application of the specific terms of this collective bargaining agree. sent arlding between an officer or officers and the City, or between the Union' -add the City. Section 2. Every reasonable effort shall be made by the parties involved to arrive at a -fair and equitable resolution cf every grievance ulthott resorting to the grievance procedure hereinafter set forth. If this 1s 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 suggested it may be submitted to the following procedures: A. Me steward, with or without the officer, shall take up the grievance or ddspute in writing with the Chief of Police lthia 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 do writing within ten (lo) calendar days. 10. H. If said grievance has not been settled, it shall be presented in writing to the City Manager ardor Personnel iarector within ten (30) calendar days after the Chief of Police's decision is rendered. The City Manager and/or Personnel Director shall render his decision to 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, by written notice to each othert =1hrit said grievance to the Maine Board of Arbitration in accordance with Section 470 of the Maine Public Mployees Labor dation Law. (a) The decision of the arbitrator shell be binding as to the grievance submitted. (b) Me general expense of the arbitrator shall be shared equally by the Union arrd the City. (c) Grievances initiated by the City shall be processed in the same matter, but may be started by Step B. Section A. Time n;.;ts specified may be extended by mutual agreement conilnced do writing. ARTICLE 23. Section 1. Any disciplinary action by the Chief of Police, or the Acting Chief, against any abater of the Burger Police Department covered by this Agreement shall occur within ten (10) daps or ten (10) days of the Chief's first knowledge of the incident upon any charge of violation of department rules, inefficiency, ncompetence, misconduct, negligence, insubordination, disloyalty, or other charge. In cases wdere the nature of the alleged violation warrants inmediate 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 that If he is later fusnd innocent of the allegations he ,211 be paid for all time during which he was suspended. Section 2. The member so charged shall have the right to be accompanied by legal cwuitsel at the hearing as well as by a i time representative of the local Union and Steward. The officer so charged shall have the right to cases with his counsel at any tine 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 the grievance procedure contained In this Agreement. 11. ,a Seita ton L• Aryv d3.sciP�narY action resulting ih lass of time and/or ey xn]1 be adadnisteretl only by the Chief of Police. Atp written reprimand which is tc became part of the permanent service record of the employee will be Issued Only by the Chief oT Police. Se ion 5. An investigation of W member or employee suspected of violation of departmental rales and regulations or other misconduct shall he cendicted without unreasonable delay arW with maximea confidentiality. Tae investigator shall inform the employee In wrltine that an official investigation is being Conducted and indicate the Mears of the allegation which is the cause of the investigation. The complaint may be identified if anonymity is not required by Ciroemstums. If the person being imterviensd In a witness only, that fact shall be stated to him. Interviews of an employee suspected of violation of rules or oS misconduct shall he limited to gaestions directly related to the allegation. An employee aver arrest or the subject of a criminal Investigation shall be afforded all rights gracted'under such ciromstandes to any other person. Within twenty (ID) working deer of the completion of the investigation, the employee shall be notified of the outcome of the investigation. Me officer shall receive a copy of the final disposition of the case In writing upon request to the investigator. Section 6. A Citisents nor -criminal complaint against a member or employee shall be tlirected to his cammanding officer. If it is not resolved at this level, it shall be referred to the Patrol Mvision commander (captain). A criminal complaint shall be referred to the Chief of Police. The coaplainant shall be required to file a formal written sworn statement concerning the allegation. Any investigation intoe criminal matter shall be govercnd by the applicable Maine State Statutes. A juvenile making an allegation against a police officer must be accomnanded by his Parent or legal guardian when making the formal complaint. A copy of the fnvestigatorts report pt a non -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 pest practice and custom, no patrolmen shall investigate another patrolmen. However, the Chief or Assistant reserves the right to assign patrolmen who have advanced law enforcement technical specialities, she will aid In the imestr igations but shell only report their findings to the Chief. ARTICLE ti.. SSA$KES AWU MCKOUfS PMRISMD Section 1. For the duration of this Agreement, the Union shall not eyage in a work stoppage, a slodownn or a strike. Section 2. In consideration a no strike pledge ty the Under, the City shallnot lockout employees for the duration of this Agreement. AISICLE 25. Y�15 Section 1. The City recognizes the right of the Union to designate a Stewart and an alternate who must be members of this bargaining omit. The Steward and alternate Steward of the Union, shall be allowed time off with pay for official Union business with representatives of maregement upon appointment, if there is sufficient manpower available to sense no interference with departmental operations. Stewards of the Union shall be 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 Basignee. The Steward shall be allowed up to three (3) days off a year with pay to attend Union Training Schools if approved by the Chief. 12. Section 2. No time off or leave of absence shall be permitted order this Article 25 u ss the Chief or his designee determines there is sufficient manpower available for normal departmental operations. Section 3. It is understood and agreed that all officers have predNatim work to perform and w111 not leave their jobs during working hours to attend Union matters, except ss provided above. ARTICLE 26. BU Mff EJARUs The City shall permit the reasonable use a bulletin boards by the Urdon for the posting of notices relating to IAsim business. ARTICLE 27. REfIRFFffiTf 1. The City shall contimie to provide 8 retirement benefit pursuant to 5 MRSA Sec. 1092 (3) of one-half average final compmnsation after twenty years of service for employees hired on or before December 31, 1979. 2. Employees hired on or after Jmmrary 19 1980, shall be provided a retirement benefit pursuant to 5 MRSA Sec. 1092 (3) of ane -half average final compensation after twenty five (25) years of service. .. Effective January 1, 1983, arepursuant to 5 MRSA, 1092 (3A),(second paragraph), police officers mayearn an additional retirement benefit oT 2p of average final mmpersatien for each year of service after completion of the service conditions for retirement. 4. Effective Janiery Is 1983s the'City will adopt Militaxy Ser^ ca Credits under 5 MRSA, 1094 (13), however Military service Credits under this section shall only apply to additim el retirement benefits and not uve or service requirements. 5. Employees hired on or after January 11 19852 shall be provided a retirement benefit pursuant to 5 MRSA, Sec. 1121 4 A C a ane ball average final compensation after twenty five (25) years of service at age fifty five (55)• ARTICLE M. TOUV: Section 1. When existing work rules are changed or raw rules are proposed, they shall be posted prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to my proposed work rules shall be made in writing to the departmenthead who sball have the responal- bility for reviet3.ng such objections and making final determination. Appeals from his decision can be made in accordance with normal grievance procedures. Section 2. (IRftl MG OFFICERS) The City further agrees to furnish each officer subject to this contract with a copy of all raw rrork rules thirty (30) days after they become effective; crew officers shall be pmvided with a copy of the rules at the time of hire. 13• Section 3. (ENTOR31M0) Officers shall comply with all existing rules that are net in conflict with the terms of this; Agreement. Section 4. An unresolved complaint involving discrimination in the application of new or a#sting rules shall be resolved through the grievance procedure. ARTICLE 29. MANAGIl✓�ENT RIGU Except as explid.tly limited by specific provision 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 judgment. Stroh 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 promote, to reduce r expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to Introduce new or improved methods or facilities. ARTICLE 30. If any provision of this Agreement shall be contrary to any law, such d alidity shell not effect the validity of the remaining provisions. Any Provision subject to this Article shall be renegotiated by both parties. AMCLE 31. LIE DETECTOR TEST The City shall not require, suggest or request that a Police Officer take a polygraph or any other form of lie detector test. Me officer may volunteer to take a polygraph test. ARTICLE 32. II ATY�ISYI A The Raployer shell not require employees to take out on the streets or highways any vehicle that is net in safe operating condition or equipped with the safety appliances prescribed by law as determined by the Motor Pool mechardc or commanding officer in charge. 14. AHTPCLE 33. T.TiM Section 1. Hagen for each police officerayr on the poll the effective ell date of this Agreement shbe pursuaat. to the foUeving schedule: (Progression frec one step to the nezt step shall not be automatic tut based on an � performance rating and a recovaendatien fame the Chief of Police. A satisfactory level a performance by the officer is sufficient to warrant a merit increase). Section 2. Effective July 1, 1984, detectives n n receive $35.00 and effective July 7, 19859 detectives will recelve $45.00 in addition to the above salaries in lieu of overtime within the division becacce of an unscheduled workweek. Section 3. Any potential applicant for the job of Police Officer Who has graduated from Maine Criminal Justice Acade shell be comidered for starting salary at Step C. Section 4. Police Officers will be paid weekly. 15. Effective Effective vw July 1. 1984 JuIY 7. 1985 Hired A $263.12 $278.91 After 6 Months B $274.56 $291.03 After i Year c $292.24 $309.77 After 2 Years D $309.92 $329.52 After 3 Years E $343.20 $363.79 Section 2. Effective July 1, 1984, detectives n n receive $35.00 and effective July 7, 19859 detectives will recelve $45.00 in addition to the above salaries in lieu of overtime within the division becacce of an unscheduled workweek. Section 3. Any potential applicant for the job of Police Officer Who has graduated from Maine Criminal Justice Acade shell be comidered for starting salary at Step C. Section 4. Police Officers will be paid weekly. 15. ARTICLE 34. TE OF AGIUMEiT THIS AGREQ4NT between the City aM the Union becwe effective July 1. 1984, and shall eonti:ute in 1411 fora and effect until Jure 309 1986. LIMON: TFAMSlEPE WCAL UNION W. 48 MAT16 COUNTY AND MUMCIP IM� UUMN STATE OF MAINE Walter J. Mt phen: Jr. Secretary - Treasurer 16. CTT . THE MY CF D=ORt MASSIF a1v/VdAIMPt �T CM OF WGORt NAIVE AND TTiANS M WO UNION M. 48 STATEt Mt= MD MCNICIPa IAHNEHB UNION SPATE OF MAINE e££iliated with the Snterneticnel H therhood of 1 mmsters Cha fe=, liave semen axW Helpers of America nWm p2; My 1t 1984 .NNE 30, 1986 TA OF MM MS Artiae Title - peaNs Preamble . . . . . . . . . . . . . . . . . . . . . 1 1 Rechgdtioa , ............y. . ... .. 1 2 Senioridnatihn Prohibited Uther Peaty . . . . . . . 2 3 Seniority .. . . .. . .. .. .. 2 4 woes . ... ........ ........ ....� 3 Work Meek . . ... . . . . . . . . . . . . . . . . . . 3 6 6 - overtime.......... ........ 3 7 - Private Services . ......... 4 ... .. 4 Ce . . . . . . . . . 4 . . . . 4 9 9 rso al E A..wanes Pershing E. . . . . . . . . . . . . . . 4 10 . . ..... ... . . .. . . .. . .. . . S 11 Vacatingion . ....... .. .. . . .. . . .. . 12 Holidays ..................... 6 6 13 Sick seek leave . . . . . . . . . . . . . . . . . . . . . . . 6 16 Meath Leave ..... ............ . 7 15 Military Leave. .. ... ... .... 7 16 Ccm�Meacalable Injuries ............. a .... 17 Medical Insuranticns . . . . . . . . . . . . . . . . . 9 9 19 Medical Insurance .. ...... ..... 9 . . . . . . . 4 . . . . . . . 10 21 wPro atT Probation Period . . . . . . . . .,. 30 21 Indencrificatlon and Legs. Services. . . . . . . . . . . 10 22 Grievance Grievance Proeearings .. .. ........... 10 23 esiand Hearings 4 4 . . . . . . . . . . . 11 24 Sts Strikes and .0Prohibited . . . . . . . . . . . . 12 2 Stewe. . .. .. . ... . .. . . . .. . 12 266 tin Hoards . . . . . salletin . . . . . . . . . . . . . . . 13 27 - Retirement . . . . . . . ... .. ... .. . . . . . . 13 28 Mark . . . . . . . . . . . . . ... . 1330 29 emee3. Management la . .. . . . . . . . . . . . . . . . . 14 Swinge Clavas e . . . . . . . . . . . . . . . . . . . 14 31 Lie Detector Test . . . . . . . . . . . . . ... . . 14 32 Defective FSi. .. . . . . . . . . . . . . . . . . . 14 33 4 . Mages .. . . ........... . ..... 1 34 Tom aAgreement . . . . . . . 4 16 THIS AGRF94 effective this First Day of July, 1984, TME CITY OF BA M14 hereinafter referred to as the ^CITY" and '7gsmnFRR LOCAL WON 048, AFFIIWRD WITH TME IIlfEMATIONAL EE)T[iEFH00D OF TEW ERS, CHAUFFEURS, WAIIX0U•..tl0i B I PERS OF A CA, hareirefter referred to as the "UNION". PAFAIffi.E Section 1, pursuant to the provisions of Chapter 9 (a), Revised Statutes of Hainer Title 26 as enacted by the Maine Legislature in 1969 and as emended, entitled, " cipsl Public Flaployees Labor Relations Law", THIS AGR.EM4]dT is made ard entered into by and between the City of Burger, Maine and the Teamsters Local Rion #48 representing the Bangor Police Officers. Section 2. In order to establish mutual rights, preserve proper employee morale, to promote effective municipal operations and to promote the public health, safety and welfare of the citizens, the City oS Baroot, Nalne, through its City Council and the Teamsters Local Union #48 hereinafter bind themselves in mutual -agreement as follows: ARTICLE 1. REllG=ON Section 1. Me City recognizes the Union as the sole and exclusive bargadning agent for all Police Officers (Claes 433) of the Hangar Police Department. Section 2. Membership in the Local Union is not compulsory. Officers have the right to Jain, not join, maintain, or drop their member ship in the Local Union, as they see fit. Neither party shall exert aro pressure un, or diserdminate against, aro% officer as regards such matters. Tensa employees she choose not to Jain the union shall be subject to one of the following optionen 1. Sign a written payron authorization deduction in the amount of 80% of the present cost of union dues. or 2. Be subject to no payroll deduction but If the services of the Union Representative is solicited for a grievance hearing the cost will be $$0 hourly. If theunion attorney is solicited for a grievance hearing the cost 311 be $100 hourly. The Union's cost of the arbitrator, or proceedings, if aro, will be borne by the employee. Section 3. The City agrees to deduct from the pay of all officers covered by this Agreement the cuts of the Local Union and agrees to remit to the Local Union all such deductions prior to the and of the month for which such deductions axe made. Signed authorizations from the officers shall be furnished -to the City by the Union. Lues may be cancelled by any employee upon written notice to the Personnel Director and Local 48 within thirty days of the expiration of this agreement. Section 4 The Union shall indemnify ani save the City haveless against all sham, and suits which may arise by reason of aro action taken in making deductions of said dues had remitting the same to the Union pursuant to this Article. ARTICLE 2. DISCRII{LiATiON PIOf[iBarm HY EITRER PARTY Section 1. The City and the Union agree not to discriminate against say, individual with respect to his hiring, wrapermation, terms or conditions of employment because of such individual's race, chlor, religion, sex, age according to applicable laws and national origin, nor wall they limit, segregate or classify individuals in any way to deprive any individual of employment ona rtunities because of his race, color, religion, we, or national origin. Section 2. The City agrees wt to interfere with the rights of officers W become members of the Union, aryl there shall be no discrimination, interference, restralat, or wercion by the City or by any City representative against ary ofRwr because of Union membershiporbecause of ary officer's activity In an official capacity an behalf of the Union consistent with this contract. Section 3. The Union shall share equally math the City the responsibility for applying thin provision of the Agreement. ARTICLE 3. SENIDAIIT Section 1. Seniority shall be determined by the length of full time service th from e officer's last data of permanent hire within the bargaining rmit. A seniority list shall be established by the City listing all officers covered by this Agreement, with the employee with the greatest seniority listed first. The sendoroty list shall be brought up to data on January 1st of every year and immediatel posted thereafter on bulletin boards for a period oT not less than thirty (30) days, and a copy of same shall be sent to the Union and to the Steward. Any objection to the seniority list, as posted, meet be reported to the Chief of the police Cepartment 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 wvrk force, recall and vacation, and shell be a factor in consideration of matters affecting transfers and work shifts. Section43. All permanent job openings and/or vacancies shall be posted by the City for aid by the police officers as soon as such opening and/or vacancy becomes available. Tbis provision shall also apply to temporary job openings that are 111ely to lest 30 or morecalendar days. Section 6. Mowever these 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. lUTIEs Section 1. The duties of the Police Officers shall be those duties that came under the ,jurisdiction oI the Chief of Police including the enforcement -a City ordinances, light or alternate duty, state and federal statutes, the patrolling of the City streets for crime prevention and traffic Control and the preservation of life and property. Section 2. Police officers shall not, as a part of a tour of duty, perform services for any private interest, except as directed by the officer in charge and in keeping with departmental rules and regulations. Section . The employees covered by this Agreement are policeofficers (Class 433. The City agrees not to assign persons Rvm actable of the bargaining unit to perform police officers work When any officer is available, except as per past practice of second Sgt. replacing the Police Officer. ARTICLE 5. - WORK HEH The City agrees to Considerany proposal sulaitted by the Union for s alternate work week and rotation system provided that such proposal allows the City to schedule the officers on a forty (40) hour work week. The work week will consist of forty (40) hours. Days off will be consecutive or in accordance with the four day work week schedule, whichever is applicable. The Current work schedule shall remain in effect, however, any, new work week schedule introduced during a calendar year will remain in effect for the balance of the calendar year. ARTICLE 6. Oihl m - Section 1. All officers covered by this Agre meet, except neteatfves, re shallve one aria one—half (1}) times their regular hourly rate for all hours worked in excess of the regular scheduled work day, or in excess of forty (4O) hours In a payroll week. Section 2. The "regular hourly rate" shell be determined by dividing forty (40) into tho total of the officers individual base 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 tan (10) hours of holiday pay, w Chever 1s applicable, (Article 12, Section 2) if the officer works on the holiday. Section 4. Hours paid for sick leave, worlmenOs compensation, off duty court time, jury duty, private service duty and holiday pay if the officer does not work on the holiday shall not be added to the hours worked in a payroll week to produce overtime. A mem 7. PNIFATE SgEyICFS Section 1. Officers who work on any outside private service, including but not listed to, dances, games, conw Maions and private functions shell be pad $60.00 for up to four (4) hours for each tour of duty. Hours in excess of few (4) hours in any one private extra shall be paid $15.00 hourly. Section 2. Private service assigeoents performed on the holidays speaifved in thin section shall be paid for at double the rates specified in Section 1. 1. New Year's Day 4. Fourth (4) of July 2. Thanksgiving Day 5. NemoMal Day 3. Christmas Day 6. Labor Day Section 3. The eight (8) how period immediately preceding or immediately following New yeara Davy lha sgiving Day, Christmas Day, Fourth oS July, Memorial Day and "bar Day shall be considered holidays for the purpose of pay comprtation under this section. Daty time started within said eight (8) hours will be paid at the premium rate for entire private duty. aafiv v -j k,IO1iiii5d. Section 1. Any officer covered by this Agreement who is required to attend Court outside of his regular work shift shall receive a minimum of four (4) hours of pay for such attendance. No court time shall be allowed to ary such officer who has been notified that his presence is not needed, prior to the end oP his shift on the day preceding a scheduled Court attendance. If he is required to stay in attendance at undo Court for more than four (4) hours, in any one day, he shall be paid for the Actual hours spent that day. Provided, however, that any and all fees, compensation or allowances, to which any officer is Or would be entitled to for such Court time, as provided for by statute or Court order, sball be turned over and paid to the City, and not retained by the Officer. Section 2. Officers shall be paid at the rate of $8.50 per hour for off duty Court time. Effective 7-7-85 Officers shall be paid at the rate of $9.00 per hour for off duty Court time. FAR09AND The budget of the Police Department each year shell have an account to be known as the Personal Effects Account.. Each member of the Bargaining Unit shall be 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 severity—two (72) hours of actual knowledge thereof. TMs Article does not apply to unnecessary expensive items. 4. AtRI= 10. CLOTHING Section 1. The City agrees that all officers covered by able Agreement shall be provided, at no cost to the officers, all I'm! area, and other equipment which it deems necessary for the regular perfonaance of the officers duties. Cleaning of nni£OMS shall be paid for by the City when an officer is exposed to nlmanal ciSmpaetanCes which casae him t0 roamer come then normal cleaning expenses. Section 2. Effective 1-3-85 'Plein Clothes" Officers shall receive from the City WTallowance of pour Hundred Dollars (TA00.00) per year to purchase and maintain their clothing used in the line of duty. Section A31 employees shall receive prom the city of Danger an allowance oY $25.00 twenty-five) dollars 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. more years shall be�iitledcers wto two ( have 2ee on the weeks vacatioons:ithh M eeral for one or 9fficers witb eight (N) years of continous service shall beginieach year. te 3 .reek of vacation. Effective 1-2 3, officers with seventeen (17) years of contdnwa service aheu begin to accumulate Soar ( ) years f (A) week of vacation. Section 2, One week of vacation pay shell be the Officer's regular Weekly salary as shown in Article 33. Section 3. .The vacation schedule shall be posted on December 1 of each year and xmein posted far thirty (30) days to allow the Officers to mak their vacation selection by seniority. The selection shall be made in two steps. STEP 1: All Officers shall make a selection of not more then two week. SPEP 2: After Step 1 is completed, those Officers who have additional vacation week to their credit shall select their vacation periods from the Weeks remaining open on the schedule. STEP 3: Vacation leave must be taken in weakly ' cremn,te with the excaption of sour (A) ar five (5) days. whichever is applicable. Section A. Vacation leave days shall be granted upon request it the necessary ersoimel are available at the time of request, limited to Sour (A) Orfive (53 days per year, whichever is applicable, with the approval of the Section 5. An Officer who retires or resigns or is discharged for cause prior to taking his vacation shall be entitled to accumulated earned vacation pay In ratio to his length of servIce, provided the officer has completed one full year of continoos service. section 6. No officer covered by this Agreement may accmuulate more then two hundred forty (2W) boars of vacation. Section 7. At no time will Police Officers be forced to take a vacation day. ARTICLE 12. HOLIDAYS Section 1. The following holidays shall be paid holidays for at police officers: - 1. .New Year's Day 7. Columbus Day 2. Washington's ffirthday 8. 9eterana DV 3. Patriot's Day 9. Thanksgiving Day y. Memorial Day 10. Friday following Toanlmgiving 5. Independence Da 11. Christmas 6. Labor Day - 12. Martin Luther King Day Section 2. Holiday pay shall be eight (8) hours or ten (SO) hours, whichever is applicable, at the police officer's current hourly rate in accordance With Article 33 . The majority of hours a any shift must have been worked on the holiday to qualify for a worked holiday. Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Day, Labor Day and Veteran's Day, officers shall be entitled to a vacation., of forty (LD) hours in addition to their regular vacation. ARTICLE 13. SIm LEAVE _... Section 1. Sick leave shall be accrued at the rate of one hundred twent (120) hours per year, accumulative to nine touched and sixty 91 607 hours. Section 2. Sick leave shell be charged at the rate of not more than forty (W) haure sick leave for each week 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 to the conditions of the officer or member of his family. Certificate must be presented within a hours after the officer returns to work. Section L. The City will not be responsible far the medical expense unless the officer is directed to be. examined by a physician named by the Qty. Section 5. Avy 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 to disclplinary action. Section 6. Sick leave may be used for attendance upon members of the faoilyy'ted to the wife and children of the officer and limited to n nt.-six 6 hours per calendar year. This provision is intended to cover only those emergency sltueticns where the nature of the illness or family conditions are such that the officer himself be available to care for his family, limited to one (1) day per incident unless critical. .Section 7. Officers must na ify the Chief of Police. bis Assistant, or the W in charge of the shift, as early as possible, but in any case no less .than one (1) hos prior to starting time, in order to draw sick leave benefits, unless a shorter tLse is approved by the Chief. Section U. Wring the term of this Agreement, when an officer retires from with the City, and Is vmmedistely eligible for retirement 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 a his reti ment far one-third (1/3) of the mmoher of hours of accmmulsted unused sick leave hundre to a maammum of three d and t,anty 320 I hours. Section q. Upon the deathof an officer covered by this Agreement all accrued sick leave will be paid to his estate. Section 10. Stele leave will act be paid when a police officer is capable of and found other work In the Department. ARTICLE 1A. ail i Section 1. In the event oS 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, mother-in-law or Sather -ire -law, grandmother, grandfather or grandchild, stepmother, step- atber or step -children, the officer shall be entitled to up to three (3) days leave for the purpose of attendance at the frontal and assisting in the necessary family arrange. ments. Wch leave shall be -with pay and without any deduction from sick leave. Section 2. An mount of Use determined by the Chief, but in no case to exceed ore 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, claret nephew, brather-in-law, sister• law, or aqy other relative not named in this section, when such other relative is living In the same household as the officer. Said time off shall be with pkv and without deduction fran sick leave. Refer to Wale 10-D 3 of the Personnel false. ARTICLE 15. AOLITAM LEAVE Military leave shall be granted to members of the Department for annual military training. Personnel on annual military training shall be paid the difference betueen 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 submdt itemized listings of the above which shall be signed by his Commending Officer or Personnel Officer. Military pay shall be limited to tyro work weeks per calendar year. 7• ARTICLE 16. COM MSABLE ]NJUHIES Section 1. When an employee receives an injury or illness on %s regular job and is unable to perform his regular assigned jobs he may be assigned, if available, other work normally carried an 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 determining what work an injured officer will be allured to accomplish. An employee will not be removad free 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) months the officer will report his status to the Chief or his designee. The status report will be a new attending physicians statements. Section 3. Any disagreements in regards to the physicians statement shall be resolved by Article 17, Medical }Y inatiom. Section 6. No light duty assignment All result in a pemaz mt displacement of another police department member. light Duty assignment will not effect the pay or benefit status of the employee. Light duty assignment will not be assigned to officers far the purpose of demeaning, discriminating, or punishing the officer for his injury. Section 5. Employees recuperating from Wary or illness shall be allowed to return to work on a limited duty schedule provided that the employee is able to perfam the duties -of the available jab. Section 6. When a police officer in the course of his employment is involved in an dncedent of severe traumas he shall receive a psychological examination upon the request of the officer by a psychologist or psychiatrist of the officers chains. Cost of the examination shall be borne by the City. It after the psychological ezmranation counseling is recommended, than the officer shall receive counseling at the cost of the City. If applicable$ the light duty assignment shall apply. Section 7. if the physi.s.m, statement renders as employee incapacitated so that he will never be able to return to work as a Police Officer, the employee An immediately apply for Disability Retirement. Section 8. Any time loss because of injuries received in the line of duty and covered by workmen's compensation shall not be charged to sick leave. Section 9. An officer An return to work or lose his city pay check ranwr— t�nmssion from the doctor that be is capable of performing hes regular dutiesorother work within the. department. 1. Section 10. Sick and vacation benefits All serene for a period of only ru 12 coemtive months while on rrorhamen's compensation unless a longer period is approved by the City Manager. 0 ARTICLE 17. MEDICAL EXAMINATIONS Section 1. The City stay require that the officers covered by this Agreement here a medical examination. Such examination shall be scheduled at --regular intervals for all officers deal shall net caused one medical eumination par year, unless the officer has suffered injury 'or illness which might effect Us ability to perforrm his work. Section 2. The City shall have the right to select its own medical seconder or physician and shall be responsible for maling the appointments with the medical examiner. - . Section 3. If the medical examiner or physician selected by the City readers an opinion that the officer is physically disqualified to perform the work of police officer, the officer may be xc-exeminatl by a physician of his choice. Section 6. In the event of disagreement between the doctor 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 5. The met of all examinations, except for the coat of the ®caution performed by the employee selected medical exonJoner, shall be paid for by the City. Section 6. Medical examinations shall be scheduled during the officerrs working hours, a much as passible. If such exanirutions are scheduled outside of the officer's scheduled working hours, the officer shall receive two (2) hours pay at the applicable hourly rate for each examination required by the City. ARTICLE 18. MEDICAL INSURANCE - 1. Me City will pay the full rest of the applicable individual or family coverage of the present health insurance plan through June 30, 1986, for employees hired on or before June 30, 1904 The employee All pay by payroll deduction any increased cost effective July 11 1986, and thereafter. 2. Employees hired on or after July 1, 1984, that subscribe to the family coverage will be required to pay by payroll deduction $4.75 weekly. The increase effective July 1, 1985. will alsobe paid by the employee, for the family coverage. 3• Any employee whose spouse receives either two -person or full fandly, coverage as an employee of any Bangor City Department, including the School Department is not eligible for dual health insurance coverage. 9. ARTICLE 19. LAY OFF In the event of a layoff of personae) in the bargaining unit, permanent officers shall be laid off In inverse order of length of service in their classification. The laid off officers with the greatest length of service shall be rehired first. -- - Nonewofficer shall be hired untilallInd-off officers have been given an opportunity to return to work. ARTICLE 20. 19W:TWftlMAM Section 1. All appointments shall in the first instance be made for a probationary period of twelve months; and all appointees heretofore or hereafter "retained in service atter the completion of such probation shall be deemed permanent officers. Probationary officers shall be subject to the provisions of this Agreement, however, the City shall have the right to terminate without compliance with the terms of tris Agreement, the employment of are such new officer within twelve (12) months from the commencement oT the probation period. ARTICLE 21. INOEiNIFICATION AND LEGAL SERPICFS Refer to City ordinance Chapter 1, Article 7, Section 1 thou 1.4. ARTICLE 22. GRIEVANCE PRJCk911RE Section 1. A grievance, for the purposes of this Article, shall be defined as a conte rsy, complaint, misunderstanding or dispute as to the meaning or application of the specific terms of this collective bargaining agrse- eent arising between an officer or officers and the City, or between the Onion nd the City. . Section 2. Every reasonable effort shall be made by the parties involved to at a arc ve fair and equitable resolution of every grievance without resorting to thegrievanceprocedure hereinafter set forth. If this is found to be impossible, the matter may be committed to the grievance procedure in accordance with the terms of this Article. Section 3. If the grievance has not been adjusted informally as above suggested it may be submitted to the following procedures: A. The steward, with or without the officer, shall take up the grievance or dispute in primingry tb the Chief of Police 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 (lo) calendar days. 10. B. If said grievance has not been settled, it shall be presented in writing -to the 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 Ciirector shall render his decision to the Steward and the Urdon Weirder agent in writing within the ten (10) calendar days after presentment to him. The Manager andw 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 (30) calendar days, by written notice to each other, submit said grievance to the Maine Board of Arbitration in accordance with Session 970 of the Maine Public Employees Labor Relation Law. -- — (a) The decision of the arbitrator shall be binding as to the grievance submitted. (b) The general expense of the arbitrator shall be shared equally by the Union and the City. (c) Grievances initiated by the City shell be processed in the sees matter, hot may be started by Step B. Section A. 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 wlthin 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, insubordination, disloyalty, or other charge. In cases where the nature aT the alleged violation warrants immediate emergency suspension, the officer will not be suspended Por 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 accompanied by legal counsel it the hearing as wall as by a full time representative of the Local pride and Steward. The officer so charged shall have the right to confer with his counsel at any time during the bearing 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 the grievance procedure contsdned in. this Agreement. 11. Section 4. Any disciplinary action resulting in lose of time and/or da to endue stered only by the Chief a Polies. AM written reprimand which part of the permanent service record of the employee will he issued only by the Chief of Police. _ Section 5. An investigation of any member or emptnyee suspected of violation of departmental rales and regulations or other misconduct Mall be conducted withmt urueasddable delay and with maxdrmm confidentiality. The Investigator Mall inform the employee in writing that an official investigation Is being conducted and indicate the names ca the allegation wddM is the cause of the investigation. The complaint may be identified if anonysIty is not required by circwastances. If the parson being interviewed An a Accuse only, that fact shall be stated to him. Interviews of an employee suspected of violation of rules r of misconduct shall be limited to questions directly related to the allegation. M employee under arrest or the subject of a criminal investigation shall be afforded all rights granted under such ci.rdmstances to any other person. Within twenty (e0) worUng days of the mmplation of the irrrestigation, the employee shall be notified of the outcome of the imeatigation. The officer shall receive a copy of the final disposition of the case in welting upon reddest to the investigator. Section 6. A Mason's noncriminal Complaint against a member or employee shall be��C to his eomaending officer. If it is not resolved at this level, it shall be referred to the Patrol Division mseander (captain). A Criminal complaint shall be referred to the Chief of Police. The complainant Mall be required to file a form written sward statement concerning the allegation. Any investigation Into a criminal matter shall be governed by the applicable Maine State Statutes. A juvenile maldn5 an allegation egainst a police officer must be accompanied by his parent or legal guardian when making the formal complaint. A copy of the investigator's report pf a noncriminal allegation shall be given to the officer alleged to be involved. In Crier 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 reserwes the right to assign patrolman who have advanced law enforcement technical specialities, ebo Mll add In the invest— igations but shall only report their findings to the Chief. ARTICLE 24. STRIK AND LOCKOUTS PROHIBITED - Section 1. For the duration of this Agreement, the Union shall not engage in a work stoppage, a slowdown, Cr a strike. Section 2. In consideration of no strike pledge by the Union, the City shall not lockcat employees for the duration of this Agreement. ARTICLE 25. TAEaW� 1 R Section 1. The City recognizes the right of the Union to designate a Steward end an alternate who most be ambers of this bargaining unit. The Steward and alternate Steuard of the Union, shall be allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient manpower wuaileble to cause no Interference with departmental operations. Stewards of the Union shall be allowed Use off with pay during their regular work or shift hours to _ investigate grievances orto attend grievance hearings if approved by the Chief or Designee. The Steward shall be allowed up to three (3) days off a year with pay to attend Union Training Schools if approved by the Chief. 12. Sehtien 2. No time off or leave of absence shall be permitted under this Article 25 unless the Chief or his designee determines there is sufficient manpower $4ailable for normal departmental operations. Section 3. It is understood ebe agreed that all officers have productive work to prfoim mol will not leave their jobs durLg working hours to attend Uans matters, except as provided above. AAfZCLE 26. - INLLETIN MAR0.3 The City shall permit the reasonable use of bulletin boards by the Union for the = posting of notices relating to UUon busiress. ARS'I= 2]. REPI� . 1. The .City shall eonalele to provide a retirement benefit pursuant to 5 MPS4 Sec. 1092 (3) of m alf average final compasv ation after twenty years of service for employees hired on or before Iecmmber 31, 1979. ^2. Mployees hired on or after January 11 1980, shall be provided a retirement benefit pursuant to 5 MRSA Sec. 1092 (3) of one-half average final cempensation after twenty rive (25) years of service. 1 3. Effective Jam,aty 1s 1983, and pursuant to 5 MRSA, 1092 (3A),(second paragraph), police officers may earn an additional retirement benefit of 2,$ of average final compensation for each year of service after completion of the service conditions for retirement. 4. Effective Janiary 11 19839 the City will adopt Yulitary Service Credits under 5 MRSA, 1094 (13), however Military Service Credits ander this section shell only apply to additional retirement benefits and Rot age or service requirements. 5• Employees hired on or after January 1, 19859 shall be provided a retirement -- benefit- pursuant to 5'MRSA, Sea. 1121-4'A'0 of one half average final-bospenesation after twenty five (25) years of service at age fifty five (551• Nord lzu Section 1. ulnen existing work rules are changed or new rules are proposed, they shall be posted prordnently on all bulletin boards for a period o4 two (10) consecutive work days before becooing effective. Objections to aro proposed work rules shall be made in writixg to the department. head who shall'have the responsi- bility £or revleld , such objectionsand maldA.- final determination. Appeals from -- - Us decision can he made in accordance with normal grieverce procedures. Section 2. (INPOIMINC OFFICERS) The City further agrees to furnl.sh each officer subjeen to this contract with a copy of all new work rules thirty (30) days after they became effective; neva officers shall be provided with a copy of the rules at the tics of hire. I _.. 13• Section 3. (EMPOMERO) Officers shall comply with all existing rules that are not in corSJint with the terms of this Agreement. - Sedtion 4. An unresolved complaint involving discrdminstion in the application of new or ewmstiry rules shall be resolved through the grievance procedure. ARTICLE 29. _ EAMAG&ENT RIGHTS Except as explicitly limited by specific provision 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 a the workforcein acco lance with its judgment. Such rights shall include, but shall not beLimitedfor 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 promote, to reduce or expand the working forces, to .transfer, to maintain discipldne,.to establish work schedules, ard to introduce new or improved methods or facilities. ARTICLE 30. SAVINGS CLAUSE If any provision of this Agreement shell be contrary to any law, such invalidity shall net effect the validity of the remaining provisions. Ag Prevision subject to this Article shall be renegotiated by both parties. ARTICLE 31. LIE IDsl'=R TEST 1'he.£S.tysuSgest,,ar est:LheE.-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 Employer shall not require employees to take out on the streets or highv s any vehicle that is not in safe operating condition or equipped with the safety appliances prescribed by law as determined by the Motor Pool mechanic or commanding officer in charge. 14. ARTICLE 33. Section 1. Wages for each police officer on the payroll the effective date of this Agreement shall be pursuant to the following schedule: (Progression from one step to the next step sbell not he automatic but based on an Arcual -• -.. performance -rating-and s -a -recommendation lTaa the Chief of Police. A satlsfactoxy - - - - level of performance by the officer is sufficient'to warrant a merit increase). I Effective Effective SEEP July 1. 1984 Julv 7. 1985 j Alred A - - $263.12 - $278.91- - After 6 months E 5274.56 $291.03 After 1 Year C $292.24 $309.77 After 2 Years D - $309.92 $328.52 -- - After 3 Years E $343.x $363.79 Sectioo 2. Effective July 1, 1984, detectives will receive $35.00 and - effective Ju Yli 1985, detectives w receive $45.00 in addition to thb above salaries in lieu of overtime within the division because of an unscheduled workweek. Section 3. Aro potential applicant for the job of Police Officer who has graduated from Maine Criminal Justice Academy shall be considered for starting salary at Step C. Section 4. Police Officers vdil be paid weekly. 15• AM= 34. r�»,cr1r�r �m.l THIS AOHE@ffiNP between the City and the Union beca effective July 1, 1984, and shall centime in full force end effect until June 30, 1986. WNIDN' CM: TWIMIM 1l= UHTON W. 48 - MATE, CIJUNM AND MUNICIPAL WBRFP3 UNMN STATE OF MM M MY OF BA Rj MAINE BY: BY: Walter J. Stilphen, Jr. - Jotn W. Flynn Secretary — Treasurer City Manager BY: W. Michael P. D maco John R Perry stewud - Persomel Director 16.