No preview available
HomeMy WebLinkAbout1972-07-10 241-Z ORDERPFWIntroduced by Councilor axountas, July 10, 1972 :r _"; CITY OF BANGOR (TITLE.) Mrbrr, Authorizin& the City_M nager to E,xea [e Working _ag eemene With the Fraternal Omer of Police Brotherhood No. 1 .................. ................. ..._.... ............. _...11........... By the CUV Cneaddl of Hu CUM of Bmwyor: ORDERED" THAT the City Manager is hereby authorized and directed to execute on behalf of the City of Bangor a Working Agreement with the Fraternal Order of Police Brotherhood No. 1, a copy of which is attached and made a part hereof. RECENED 1972 JUL-5 PM 2:3O CITY CLERK'S OFFICE illy OF R14fiOR, MARE IN CTW COUNCIL July 10, 1902 Referred to Public Safety Committee, Consider next meeting. CITY Cj.EPK IN CC IL x\\v Amey 24, 72 Amended (attached Art. 22) and a9 amended ad PASSED. C CLERI( 241-z ORDER Title, Working Agreement with Fraternal Order Pollee erotherhool No. 1 ........... 4 .......................... �f Introduced �and � filed by Councilmen ARTICLE 22 INB@INIFICATION Section 2. The City agrees to indemnify any police officer for legal fees incurred by him in defense Of a criminal prosecution arising from conduct of the officer while in the per- formance of his official duties; subject to the following: (1) such indemnification shall be made only in the event the officer is charged and/or convicted of a misdemeanor under the following statutory provisions: (a) 17 M.R.S.A. 1201 (b) 17 M.A.S.A. §3853,3854 (2) the City's liability for indemnification of attorneys fees shall be limited in accordance with the then pre- vailing Schedule Of Minimum Bar Fees for the Maine State Bar Association. (3) (Same as Wo) Note: Eliminate Paragraph C. Fay-�� ..w �sZ41 "cl WORKING AGREEMENT between THE CITY OF BANGOR, MAINE and THE FRATERNAL WIDER OF POLICE. BROTHERHOOD N0. 1 ARTICLE 1 Preamble In order to increase general efficiency In the City and to promote the morale, equal rights, wall being, and security of its employees, and to promote the public health, safety, and welfare of the citizens, the City of Bangor, Maine, through its City Council, hereinafter referred to as the City, and the Frat- ernal Order of Police, hereinafter referred to as the Brotherhood, herein bind themselves in mutual agreement as tallows: ARTICLE 2 Recoonition Section 1 The City recognizes Brotherhood No. 1 of the Fraternal Order. of Police as the sole and exclusive bargaining agent for the petrol employees of the Police Department below the rank of Sergeant, excluding however clerical staff, traf- fic guides, dispatchers, Parking control aides, specials and other such correlary Positions as may from time to time he established by the City, for the Purpose of bargaining with respect to wages, hours of work, and other conditions of employment. Section 2 This recognition shall continue in full force and effect unless and until the Brotherhood is decertified in accordance with the Municipal Public Employees Labor Relations Law (26 M.R.S.A. Sec. %I at. seq.) Section 3 The Brotherhood agrees to extend to all eligible members of the department, whether they are members of the Brotherhood or not, the .benefits of any con- tract arrived at through collective bargaining; practice no discrimination against non-members of the brotherhood, and agree that all grievance proced- ures available to members of the Brotherhood shall be equally available to all non-member employees within the covered classifications. ARTICLE 2 (continued) Section 4 - hAembershio Lists The Brotherhood agrees to supply the Chief of Police with a list of members, the names of all officers, and the names of the Bargaining Committee] and it shall be the duty of the Brotherhood to keep these lists current. Section 5 - public Emalovees The individual members of the Brotherhood are to regard themselves as public Servants and, as such, they are to be governed by the highest ideals of honor and integrity in all theirpublic and personal relationships in order that they may merit the respect and confidence of the general public. ARTICLE 3 Checkoff Section 1 The City agrees to deduct the regular monthly Brotherhood dues upon receipt of signed authorization from members of the Brotherhood on forms supplied by the Brotherhood and satisfactory to the City. The amounts to be deducted shall be certified to the City by the Treasurer of the Brotherhood, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the Treasurer. Section z However, an employee may, within thirty (30) days prior to the expiration of this agreement, notify the City in waiting that the dues deduction authoriz- ation as a Brotherhood member is to be cancelled upon the expiration of this agreement. Section 3 The City shall forward all such dues so collected to the Treasurer of the Brotherhood as soon as practicable. The Brotherhood shall indemnify and save the City harmless against all claims and suits Aich may arise by reason of any action taken in making deductions and remitting the same to the Brotherhootl pursuant to this section. ARTICLE 4 No Discrimination by the Parties Section 1 Employees covered by this agreement shall haw the right to join the Brotherhood or to refrain from doing so. No employee shall be favored or discriminated against by either the City or the Brotherhood because of his membership or non -membership in the Brotherhood. Section 2 In the event that, during the term of this agreement or any extension thereof, 26 M.R.S.A. S%4 (1) (B) is construed by the Maine Supreme Judicial Court, or amended by the Maine State Legislature, to allow for union security provisions in public employee collective bargaining agreements, the issue of inclusion of union security provisions in this agreement will be open for negotialon by either party hereto. Section 3 The parties to this agreement agree that they shall not discriminate against any employee because of race, creed, or color. Section 4 The provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status. race, color, creed, national origin, or political affiliation. The Brotherhood shall share equally with the City the responsibility for applying this provision' of the agreement. Section 5 All references to employees in this agreement designate both sexes, and wher- ever the male gender is used it shall be construed to include male and female employees. ARTICLE 0 (continued) Section 6 The City agrees not to interfere with the rights of employees to become members of the Brotherhoods and there shall be no discrimination, inter- ferencei restraints or coercion by the City or by any City representative against any employee because of Brotherhood membership or because of any employee activity in an official capacity on behalf of the Brotherhood consistent with this contract. ARTICLE 5 Soniori Section 1 IDs City shall establish a seniority lists and it one 11 be brought up to date an January first (1) of each year and immediately pasted thereafter On bulletin boards for a period of not less than thirty (30) days, and a copy of same shall be sent to the Chairman of the Bargaining Committee, and a copy each to the President and Secretary of the Fraternal Order of Police. Any objection to the seniority list, as pasted, most be reported to the Chief of the Felice Department and the Bargaining Committee within ten (10) days from the data posted or it shall stand as accepted. Section 2 Seniority shall be the factor in all matters affecting reduction in work force, recall and vacation, but shall not be the sole consideration in met- ters effecting transfer and work shifts. Se tion] A seniority list shall be established listing all employees covered by this agreement, with the employee with the greatest seniority listed first. Sen- iority shall be determined by the length of full time service from the employee's last date of hire. ARTICLE 6 Duties Section 1 The duties of the Police Officers shall be the enforcement of city ordinances, state and federal statutes, the patroling of the city streets for crime pre- vention 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 ARTICLE 6 (continued) any private interest, except as directed by the Officer in Charge, and in keeping with departmental rules and regulations. ARTICLE T Hours of Work The regular work week for Police Officers shall average forty (40) hours per week. The Police Officers shall be Paid in accordance with the City Pay Plan, a copy of which is attached hereto (Exhibit A), on the basis of the average forty(40) hour week. Me City reserves the right to change the work schedule within the forty (40) hour average work week. ARTICLE 8 Overtime In the event that a need for. overtime should occur in the City services, overtime Pay shall be Paid at the time and one-half rate of pay of the aver- age hourly rate to the Police officer. ARTICLE 9 Compensation for Private Services Police Officers shall be compensated for private a rvices at the rate of one- fifth (1/5) of the weekly wage of the top step of their respective class title for each tour of duty regardless of the actual step of any Police Officer directed to Perform such private services. ARTICLE 10 Extra Details All extra work shall be covered by the rules that have been establish" by the Rules Committee, with the approval of the Chief of Police. The Rules Committee shall consist of three Patrolmen to be elected by the patrolmen Of this department. IDs rules and regulations governing the Overtime details shall be Posted on the bulletin board and signed by the Chief of the Depart- ment and shall be considered a departmental order and adhered to by all commending officers when detailing nen. ARTICLE 11 Court Time Any employee required for court duty outside his regularly scheduled shift shall be compensated at his regular rate of pay time the number of hours served. ARTICLE 12 Personal Effects Allowance Section The budget of the Police Department each year shall have an account to be known as the Personal Effects Account, Each member of the Police Deport- ment shall be relmbursed for the replacement cost of personal effects that shall be damaged, destroyeda or lost in the performance of duty, providing such damage, destruction, or loss and satisfactory evidence thereof is reported within seventy-two (72) hours of actual knowledge thereof. Section 2 In addition to the above Personal Effects Account there shall be a clothing allowance for all officers employed as detectives or on other plain clothes assignments in a total amount of two hundred ($200.00) dollars per year, one-half (1/2) of which shall be Payable semi-annually an. requisition by the individual officer and submitted to the Chief of Police, provided however that no payment shall be made until after the expiration of at least six months service in such plain clothes capacity. ARTICLE 13 Regular Vacations Section i, I All Police Officers after one year's service shall be entitled to a vacation of two (2) weeks in accordance with Us Personnel Rules and Regulations. Section 2 All Police Officers after ten (10) years' service shall be entitled to three (3) weeks vacation during each calendar year in accordance with the Personnel Rules and Regulations. This provision shall take effect as of January 1, 1970. Section 3 A Police Officer who retires or resigns or is discharged for cause Prior to his taking a vacation shall be entitled to accumulated vacation Pay in ratio to his length of service, in accordance with the Personnel Rules and Regulations. Section 9 Vacation shall be granted, according to seniority. Section 5 Vacation Period shall be set by the Chief of the Department. ARTICLE 14 Holidays Section The following holidays shall be paid holidays for all Police Officers, Memorial Day, Independence Day, Thanksgiving, Christmas Section 2 In lieu of the remaining holidays, New Year's Day, Washington's Birthday, Patriots Day, Labor Day, and Veterans Day, allowed to other employees of the City, the. Police Officer shall be entitled to a vacation of one (1) week, in addition to their regular vacation. Section 3 Holiday Pay shall be based on the Police Officer's average weekly salary, according to the City Pay Plan then in effect, and shall be paid to each Police Officer over and above his average weekly salary at the rate of one- fifth (1/5) per day In accordance with the City Pay Plan. ARTICLE 15 Sick Leave Section 1 Sick leave shall be accrued at the rate of fifteen days per year, accumulative to one hundred and twenty (120) days. Section 2 Sick leave shall be charged at the rate of not more than five (5) sick days for each week of leave. Section ion 3 Sick leave shall be charged when a Police Officer in confined due to an officially -posted quarantine, When established by any official health agengy, which in itself prevents attendance at the place of work. Section 4 The City Manager 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 employee or member of his family, in accordance with Sec. 19 Article 2, of the Personnel Rules and Regulations. ARTICLE 16 Death Leave ARTICLE 16 (continued) Section 1 Three (3) working days, with pay, shall be allowed in the event of death in the immediate family, as used hare, of a member or employee of the Department. Immediate family shall mean father, mother, sister, brother, husband, wife, or child. .Three (3) working days off, with pay, shall be allowed in the event of death in the immediate family of the spouse. In addition, the Police Chief, with the approval of the City Manager, may grant special con- sideration where distance or circumstances are a factor. ARTICLE 17 In uries Section 1 Police Officers who are injured or receive a disability suffered in the performance of their duty shall receive a full weekly salary each week during which the said injury qualified for workman's compensation, or until they are placed on disability retirement. Workman's compensation coverage or insurance benefits to cover the City's loss will be turned over to the City. Section 2 My time loss because of injuries received in the line of duty and covered by Workmen's Compensation shall not be charged to sick leave. ARTICLE 18 Medical and Life Insurance Section 1 All medical and life insurance shell remain in f. ARTICLE 18 (continued) Section 3 Commencing July 2, 1972. the City agrees to pay the full cost of the standard family subscription of Blue Cross -Blue Shield and Major Medical Plan during the duration of this contract. Coverage beyond the standard plan will be the option and responsibility of the employee. ARTICLE 19 Promotions Promotions from the lower to the higher grades shall be made by the head of the Department, subject to the approval of the City Manager, and each select- ion shall be made from an eligible Bot of three names furnished by the Civil Service Commission based upon competitive records of efficiency, seniority and fitness for the position, to be furnished every six months, or oftener if the City Manager requests, by the department in which the person is employed, and kept by the Civil Service Commissloni or upon competitive promotion tests, which shall be furnished every six months, or oftener if the City Manager requests, or both) and the eligible list shall be composed of those standing highest as in the case of other competitive tests on certifi- cation by the Commission. ARTICLE A In accordance with Section XI, Article 2 of the Personnel Rules and Regulations, if in the event of a lay-off of personnel in the department, permanent employ- ees shall be laid off in inverse order of length of service in his classification. The laid off employees with the greatest length of service shall be rehired first, providing, however, that he is qualified to fill the vacant position. No new employee shall be hired until all laid -off employees have been given an opportunity to return to work, provided, however, that they are qualified to fill the vacant position. ARTICLE 21 probation Period Section 1 All appointments shall in the first instance be made for a probationary period of twelve monthsi and all appointees heretofore or hereafter retained in service after the completion of such probation shall be deemed permanent employees. ARTICLE 21 (continued) Section 2 Emergency appointments shall be made in accordance with Chapter jI, Article 31, Section 20 of the Laws and Ordinances of the City of Banger. ARTICLE 22 Indemnification and Legal Services Section 1 The City agrees to provide and pay for a policy of insurance indemnifying and saving harmless the police officers from civil liability for accidental injury to third parties or their property while in the performance of police duties and for legal services in defending such claims. Section 2 The City agrees to pay for legal services of an attorney of the police officer's own choosing in defending such police officer in criminal prosectuion for trespass, assault and battery, false imprisonment, false arrest, or similar charges arising from conduct of the officer while in the performance of his official duties, provided However: A. The liability of the City shall be limited in accordance with the then prevailing schedule of minimum bar fees for the State of Maine. B. In the event of any disagreement concerning the fee charged for such legal services, the liability of the City shall be limited by the finding 6f an arbitration committee of three members of the local bar, one selected by the City, one by the Officer's attorney, and third selected by the two so selected. It being understood that the intent be not to limit the attorney'Q fee but only to limit the City's liability therefor. C. The City's liability shall arise only for neglgent or unintentional behavior of the police officer in the conduct of his dutiesi and shall not extend to willful antl malicious misconduct of the officer nor to spy conduct while not in the performance of his official duties. ARTICLE 23 Grievance Procedure Section 1 A grievance, for the purposes of this Article, shall be defined as any controversy, complaint, misunderstanding or dispute arising between an employee or employees and the City, or between the Brotherhood and the City that does not come under the jurisdiction of the toil Service Com- mission. Section 2 Every reasonable shall be made by the Parties involved to arrive at a fair and arm itable resolution of every grievance without resorting to the griev- ance procedurehereinafter set forth. If this is found to be impossible, the matter may be submitted to the grievance prodedure 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 procedure: Step 1. Within seven (7) days after the occurrence of such a grievance, the aggrieved employee and/or the President of the Brotherhood, shall reduce the grievance to writing, setting forth his contentions in full and shall sign the grievance and shall submit it to his immediate supervisor. Such super- visor shall submit a etitten answer to the grievance within seven (7) days after receipt of the written grievance. Step 2. If the answer of the supervisor doesnot satisfactorily adjust the grievance. the Brotherhood or the employee may within five working days after receipt of such answer, submit grievance to the Chief of the Police Department. The Chief of the Police Department shall, within five working days after the receipt of such grievance, submit a written answer to the grievance. Stela 3. If the decision of the Chief of Police is not satisfactory to the Brotherhood or the employee, an appeal shall be lodged within seven (7) calendar days with the Personnel Director and/or the City Manager. The Personnel Director and/or City Manager shall, within seven (7) calendar days of receipt of the grievance, submit his decision in writing to the Brotherhood or the affected employee, and the Chief of Police, and mailed to the address as shown on the City payroll. ARTICLE 23 (continued) Step 3. (continued) In the event that the Brotherhood of the affected employee feels that further review is desired, the City Manager may be requested, by written notice dated within sewn (T) calender days of ma iling of such decisions as evidenced by the postmark thereon, to bring the matter before the City Council or a committee of three thereof, one member to be selected by the Brotherhood or the affected employee, one by the City, and the third by the two so selected. If the grievance is still unsettled, either Party may, within fifteen (15) days after the reply of the Council or committee thereof is due, by written notice to the other, request advisory arbitration or fact finding, or at his option, may appeal the decision of the Council or committee to the Superior Court within and for the County of Penobscot, or any justice thereof, by complaint framed in accordance with the Maine Rules of Civil Pm cedure. Any grievance not submitted in writing within the time periods above provided for shall be considered waived or if not resubmitted after one of the answers above provided for, shall be considered resolved by that answer. ARTICLE 24 Disciplinary Action Section 1 In accordance with Chapter II, Article 31, Section 1.5 of the Ordinances of the City of Bangor, the Chief of the Police Department may, with the approval of the City Manager, racuce the salary of any employee within the range provided in the pay plan, or demote, suspend without pay, lay off, and dismiss in his department fox inefficiency, or incapacity, insubordination, misconduct, o conduct unbecoming anofficer of the law, or upon conviction of intoxication or any other offense involving moral turpitude or for violation of departmental rules oI for ether just cause. Section 2 Disciplinary action may include any or all of the followings 1. Oral reprimand 2. Written reprimand 3. Demotion 4. Suspension 5. Discharge Oral reprimand Shall occur r take place in the office of supervisors and a notation of the date for the records of the department shall be done with the knowledgeof the employee. MlICIE 24 (continued) Written Reprimand Given to an employee who has been orally warned as desribed above. Copy Of said Written notice or reprimand is given to the employee and copy filed in the employee's personnel record. Demotion (a) Cause The Chief of Police may, with the approval of the City Man- ager, reduce the salary of any employee within the range provided in the pay plan, or demote the employee, for inefficiency, incapacity, insubord- ination, miscoduct,or for conduct unbecoming an officer of the law or upon convictionrof intoxication or of any other offense involving moral turpitude, or other Just cause. (b) _Procedure A written notice of the reasons for demotion or reduction in Amy shall be furnished the employee within five days after the effect- ive date of the action. Suspension (a) Cause The Chief of Police nay, upon recommendation of the Division Head, and with the approval of the City Manager, suspend any employee in his department for inefficiency or incapacity, insubordination, misconduct, or for conduct unbecoming an officer of the law or upon conviction of intox- ication or of any other offense involving moral turpitude, or other just cause. In the event tbat an employee is charged with an offense against the law, excluding minor traffic violations, he may besuspended as provided in this article. Such suspension shall be without Pay and shall be for a period not to exceed thirty calendar days in any twelve month period. (b) Procedure A written notice of the reason for suspension shall be furnished the employee and a copy filed with the City Manager within five (S) days after the effective date of said suspension. Discharge (a) Cause. the Chief of Police may, upon recommendation of the Division Head, and with the approval of the City Manager, dismiss any employee for Inefficiency or incapacity, insubordination, misconduct, or for conduct unbecoming an officer of the law or upon conviction of intoxication or of any other offense involving moral turpitude, or other just cause. In the event an employee is convicted of an offense against the law, other than a minor traffic violation, he may be dischakged=as Provided in this article. Via ARTICLE 24 (continued) (b) Procedure Any permanent employee who is dismissed shall be furnished within five (5) days after the effective date of the action, a written state- ment setting forth tha reasons for such dismissal. In accordance with Chapter II, Article 31, Sec. 1.6 of the Ordinances of the City of Bangor, any employee who feels he has been aggrieved in any disciplinary action, taken pursuant to to Sec. 1.5 above, may appeal in writing to the Civil Service Commission for a hearing on such grievance within tan (10) days of thereceipt of the written notice. ARTICLE 25 No Strike - No Lockout For the duration of this agreement, the Brotherhood, its officers, repre- sentatives and members shall not authorize, instigate, cause, aid, encourage, ratify, or condone, nor shall any employee take part in any strike, slow -down or stoppage of work, boycott, picketing, or other interruption of work. Failure or refusal on the part of any employee to comply with any provision of this Article shall be cause for whatever disciplinary action, including suspension or discharge, deemed necessary by the City. In consideration of this no -strike pledge by the Brotherhood and employees, the City shall not lockout employees for the duration of this Agreement. Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or uttered as made unlawful by any federal, state or local law shall excuse employees, the Brotherhood, or the City from their obligations under the provisions of this Article. Alleged violation of any provision of this Article is appealable immediately by either party to the Superior Court for Penobscot County in the State of Maine for the purpose df securing specific performance of the provisions of this Article, and/or assessing damage for a violation of any of the provisions of this Article. ARTICLE 26 Br theXhOO Activities on City'sTime M Preadises All employees covered by this Agreement who are officers of the Brotherhood shall be allowed time off with Pay for official Brotherhood bu sire as with representatives of management upon appointment, if there is sufficient man- power available to cause no interference with departmental operations. It is understood and agreed that all employees have ;productive work to perform ARTICLE 26 (continued) and will not leave their jobs during work hours to attend to Brotherhood matters except as provided above and axcept when the Steward of the OrlevanceCommittee is investigating agrievance and only with the approval of the department head. ARTICLE 27 Bulletin Boards The City shall permit the reasonable use of bulletin boards by the Brother- hood for the posting of notices relating to Brotherhood business. ARTICLE 28 Retirement EFFECTIVE JULY 19 1970 All policemen who are members of the Maine State Retirement System shall be entitled to retire after having completed twenty (20) years of service with the Bangor Police Department. Retirement benefits shall be granted and computed in accordance with O.pter II, Article ]a, Sections 13 through 15 of the Laws and Ordinances of the City of Bangor, as amended by City Ordinance or State Statute. ARTICLE 29 Work Rules Section when existing work rules are changed or new rules are proposed, they shall be posted prominently on all bulletin boards for a period of can (10) con- secutive work days before becoming effective. Objections to any Proposed work rules shall be made in writing to the department head who shall have the responsi£ATty of reviewing such objections and owing a final determination. Appeals from his decision can be made in accordance with normal grievance procedures. Informing Employees. The City further agrees to furnish each employee iab- last to this contract with a copy of all new work miss thirty (30) days after they become effective. New employees shall be provided with a copy Of the rules at the time of hire. Enforcing. Employees shall comply with all existing rules that are not in conflict a3th the terms Of this agreement. Section 22 An unresolved complaint involving discrimination in the application of new or existing rules shalt be resolved throug h the o raven a procedure. ARTICLE 30 Management Rights Section 1 Nothing in this agreement shall be construed as delegating to others the authority conferred by law on the City. or in any way abridging or reducing such authority. Section This agreement shall be construed as requiring the City to follow its piovis- ions in the exercise of the authority conferred upon the City by law. ARTICLE 31 Duration Section 1 This agreement shall be effective retroactive to May 1. 1972 and shall continue in full force and effect until midnight the 31st day of December, 1972. Section 2 In the event that collective bargaining pursuant to M.R.S.A. Title 26 shall not have been successfully completed prior to the expiration date above herein provided, the parties hereto specifically agree that the present contract shall remain In full force and effect until a new contract shall have been negctiatedi and further agree that such new contract shall bear an effective date of January 1, 1973, In Witness 1%ereof, the parties hereto have set their hands and seals this day of June, 1972. Fraternal Order of Police City of Bangor, Maine Brotherhood No. 1 BY By EXHIBIT "A" Retroactive to May 1, 1972, the pay plan shall be as follows, Pay Class Range Step Step Step Step Step Code Class Title Number A B 0 D E 433 Police patrolman 13 $120.00 $125.00 $131.00 $137.00 $143.