Loading...
Dubuque Police Protective Association Collective Bargaining AgreementCopyrighted April 6, 2020 City of Dubuque Consent Items # 18. ITEM TITLE: Dubuque Police Protective Association Collective Bargaining Agreement SUMMARY: City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association (DPPA) effective July 1, 2020 through June 30, 2024. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type DPPA Collective Bargaining Agreement-MVM Memo Staff Memo Staff Memo Staff Memo Collective Bargaining Agreement Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 SUBJECT: Ratification of the July 1, 2020 Dubuque Police Protective Association (DPPA) Collective Bargaining Agreement DATE: April 1, 2020 Human Resources Director Shelley Stickfort recommends City Council approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association (DPPA) effective July 1, 2020 through June 30, 2024. The substantive changes to the collective bargaining agreement are: 1. Duration — It is a four-year contract beginning July 1, 2020 and ending on June 30, 2024 2. Article XI — Sick Leave a. Section 3 Clarification language regarding the amount of sick leave available to care for family members from forty-eight hours to up to sixty hours or six workdays, whichever is less. This takes into account that some covered DPPA employees work 10-hour shifts. b. Added Section 6 that provides for a payout percentage or percentage conversion to vacation for any sick leave accrued above the maximum accrual rate of 960 hours. This is consistent with a like provision for other City employees and CBA's. 3. Article XI I I — Added Paid Parental Leave 4. Article XXI — Group Insurance - Incorporates employee premium share at 15% and establishes a health insurance committee comprised of employee representatives of bargaining units and non -represented employees that may make recommendations for changes to health insurance. 5. Article XXIII- Call Back - Makes Criminal Investigations Division employees eligible for up to four hours of comp time or up to four hours of regular wage rate as call back/standby pay for each full week placed on standby by the City. In the prior CBA only employees assigned to the Drug Task Force were eligible for Call Back/Standby Pay. 6. Article XXVI - Wage Plan - Provides for increase to base wages as follows: a. FY21 - 1.5% b. FY22 - 1.75% c. FY23 - 3.0% d. FY24-3.0% 7. Fair Share Fees article was removed I concur with the recommendation and respectfully request Mayor and City Council approval. 7.' Mic ael C. Van Milligen ',ill/T.)? ki,=, MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Shelley Stickfort, Human Resources Director 2 Masterpiece on the Mississippi Dubuque 1N•1.rin cy 'III!' 2007.2012.2013 2017*2019 TO: Mike Van Milligen, City Manager FROM: Shelley Stickfort, Human Resource Director DATE: March 30, 2020 RE: Ratification of the July 1, 2020 Dubuque Police Protective Association (DPPA) Collective Bargaining Agreement The City's bargaining team, comprised of Jeremy Jensen, Assistant Chief of Police, Mark Dalsing, Chief of Police, and me, was able to negotiate a voluntary agreement beginning July 1, 2020 with the DPPA negotiations team. The terms of the final agreement were within the negotiation parameters established by the City Council and City Manager. DPPA membership voted on and ratified the agreement on March 11, 2020. I recommend that the City Council ratify and sign the collective bargaining agreement reached between the City of Dubuque and Dubuque Police Protective Association (DPPA) effective July 1, 2020 through June 30, 2024. A summary of the substantive changes to the collective bargaining agreement follows: 1. Duration — It is a four-year contract beginning July 1, 2020 and ending on June 30, 2024 2. Article XI — Sick Leave a. Section 3 Clarification language regarding the amount of sick leave available to care for family members from forty-eight hours to up to sixty hours or six workdays, whichever is less. (This takes into account that some covered DPPA employees work 10-hour shifts.) b. Added Section 6 that provides for a payout percentage or percentage conversion to vacation for any sick leave accrued above the maximum accrual rate of 960 hours. (This is consistent with a like provision for other City employees and CBA's.) 3. Article XIII — Added Paid Parental Leave 4. Article XXI — Group Insurance - Incorporates employee premium share at 15% and establishes a health insurance committee comprised of employee representatives of bargaining units and non -represented employees that may make recommendations for changes to health insurance. (This provides a communication mechanism whereby any master agreement changes are communicated to employees enrolled in the healthcare insurance plan and for enrolled employees to provide feedback and input regarding changes to coverages, premiums, or summary benefits, in particular where there may be options or decision points. This input or feedback is in the form of a recommendation and is subject to the approval of the Human Resources Director and/or City Manager.) 5. Article XXIII- Call Back - Makes Criminal Investigations Division employees eligible for up to four hours of comp time or up to four hours of regular wage rate as call back/standby pay for each full week placed on standby by the City. In the prior CBA only employees assigned to the Drug Task Force were eligible for Call Back/Standby Pay. 6. Article XXVI — Wage Plan — Provides for increase to base wages as follows: a. FY21 —1.5% b. FY22 — 1.75% c. FY23 — 3.0% d. FY24 — 3.0% 7. Fair Share Fees article was removed AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE POLICE PROTECTIVE ASSOCIATION July 1, 2020 — June 30, 2024 PREAMBLE This Agreement is made and entered into this first day of July, 2020, by and between the City of Dubuque, Iowa (hereafter called the City) and the Dubuque Police Protective Association (hereafter called the Association) and between the City and the Association on behalf of the employees in the Bargaining Unit, recognized and described under the Recognition Article of this Agreement. i DUBUQUE POLICE PROTECTIVE ASSOCIATION CONTRACT TABLE OF CONTENTS PREAMBLE i TABLE OF CONTENTS ii ARTICLE I RECOGNITION 1 ARTICLE II GENERAL CONDITIONS 1 ARTICLE III NO STRIKE CLAUSE 2 ARTICLE IV ASSOCIATION REPRESENTATIVES 3 ARTICLE V ASSOCIATION NEGOTIATING COMMITTEE 3 ARTICLE VI BULLETIN BOARDS 3 ARTICLE VII UNIFORMS AND EQUIPMENT 4 ARTICLE VIII PAYDAY 4 ARTICLE IX FUNERAL LEAVE 5 ARTICLE X LEAVES OF ABSENCE 6 ARTICLE XI SICK LEAVE 7 ARTICLE XII PREGNANCY LEAVE 8 ARTICLE XIII PAID PARENTAL LEAVE 9 ARTICLE XIV SENIORITY 11 ARTICLE XV CASUAL DAY 13 ARTICLE XVI VACATIONS 14 ARTICLE XVII HOLIDAYS 16 ARTICLE XVIII LONGEVITY 17 ARTICLE XIX EDUCATIONAL BONUS PLAN 18 ARTICLE XX OVERTIME 19 ARTICLE XXI SHIFT PREMIUM 20 ARTICLE XXII GROUP INSURANCE 20 ARTICLE XXIII CALL BACK 23 ARTICLE XXIV WORK BREAKS 24 ii ARTICLE XXV GRIEVANCE PROCEDURE 24 ARTICLE XXVI WAGE PLAN 27 ARTICLE XXVII NONDISRIMINATION 28 ARTICLE XXVIII SAVINGS CLAUSE 28 ARTICLE XXIX DURATION AND NEGOTIATIONS 29 i i i ARTICLE I RECOGNITION The City recognizes the Dubuque Police Protective Association, certified by the Public Employment Relations Board in Case #452 (December 1, 1975) and as amended in Case #3317 (March 15, 1989) as the exclusive bargaining representative for the employees of the City of Dubuque in the following classifications: Patrol Officer, Master Patrol Officer, Corporal, Detective, Identification Officer and Sergeant. ARTICLE II GENERAL CONDITIONS A. Public Employer Rights Public employers shall have, in addition to all powers, duties and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and the right to: 1. Direct the work of its public employees. 2. Hire, promote, demote, transfer, assign and retain public employees in positions within the public agency. 3. Suspend or discharge public employees for proper cause. 4. Maintain the efficiency of governmental operations. 5. Relieve public employees from duties because of lack of work or for other legitimate reasons. 6. Determine and implement methods, means, assignments and personnel by which the public employer's operations are to be conducted. 7. Take such actions as may be necessary to carry out the mission of the public employer. 8. Initiate, prepare, certify and administer its budget. 1 B. Public Employee Rights Public employees shall have the right to: 1. Organize, form, join or assist any employee organization. 2. Negotiate collectively through representatives of their own choosing. 3. Engage in other concerted activities for the purpose of collective bar- gaining or other mutual aid or protection insofar as any such activity is not prohibited by this Act or any other law of the State. 4. Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees or assessment or service fees of any type. ARTICLE III NO STRIKE CLAUSE It shall be unlawful for any public employee or any employee organization directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike against any public employer. It shall be unlawful for any public employer to authorize, consent to or condone a strike; or to pay or agree to pay any public employee for any day in which the employee participates in a strike; or to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or any act which violates the first paragraph of this Article. Any other provisions as stipulated in the Public Employment Relations Act, Chapter 20, Code of Iowa, shall be applicable. 2 ARTICLE IV ASSOCIATION REPRESENTATIVES The Association shall provide the City with a list of representatives by name, position and area which each representative serves (if steward). Changes in this list shall be furnished to the City promptly. The City need not recognize any Association representative of whom it has not been informed. The City shall immediately recognize a representative upon receipt of a written notice. ARTICLE V ASSOCIATION NEGOTIATING COMMITTEE Members of the negotiating committee shall be paid their regular straight time pay when they participate in negotiating meetings during their regularly scheduled workday. The number of members eligible for payment shall be limited to four (4) and in no event shall payment extend beyond the end of their regular workday. ARTICLE VI BULLETIN BOARDS The employer agrees to furnish at least one (1) bulletin board in the Law Enforcement Center to be used by the Association. The Association shall limit its posting of notices and bulletins to said board. 3 ARTICLE VII UNIFORMS AND EQUIPMENT Section 1 The City shall provide sworn police officers with the following equipment: hat shield, badge, gun belt and holster, cartridge carrier, service weapon, handcuffs and case and safety eyeglasses. In addition, during the first year of service, the City shall provide new officers with the following items of the uniform: cap, two (2) long and two (2) short sleeve shirts, necktie, jacket, two (2) pair of pants and rain gear. Section 2 After the first year of service, employees in the classification of Patrol Officer, Detective and Corporal, shall receive a five hundred and fifty dollar ($550) yearly cash allowance for the maintenance and replacement of the uniform. Payments shall be made in the amount of two hundred seventy-five dollars ($275) in December and two hundred seventy-five dollars ($275) in June. Section 3 Employees in the classification of Sergeant and Identification Officer shall receive a two hundred and fifty dollar ($250) yearly cash allowance for the maintenance and replacement of the uniform. Payments shall be made in the amount of one hundred and twenty-five dollars ($125) in December and one hundred and twenty-five dollars ($125) in June. ARTICLE VIII PAYDAY Payday shall be every other Friday. If the payday is an observed holiday, the payday shall be the day before the holiday. 4 ARTICLE IX FUNERAL LEAVE All regular full-time employees shall be granted upon request, time off with pay for such periods of time as set forth below: A. Death of an employee's spouse, child or stepchild. Seven (7) calendar days with a maximum of five (5) working days pay. B. Death of other members of an employee's immediate family. 1. Relationships which are considered as members of the employee's family are: mother, step -mother, father, step -father, legal guardian, mother-in-law, father-in-law, sister, sister-in-law, brother, brother-in-law, grandfather, grandmother and grandchild. 2. In the event the employee is the person responsible for making arrangements for the funeral and attending same, a period of time from when death occurs until the day following the funeral, but not to exceed three (3) scheduled working days with pay. 3. In the event the employee is not the person responsible for making arrangements for the funeral, one (1) scheduled working day shall be allowed to attend the funeral providing the funeral service falls on a scheduled working day of the employee. 4. If the conditions under B3 are applicable and the employee is assigned to any of the following shifts: 9:00 a.m. to 7:00 p.m., 3:00 p.m. to 1:00 a.m. or 7:00 p.m. to 5:00 a.m., said employee shall be allowed two (2) scheduled working days off; namely the day before the funeral and the day of the funeral, providing the funeral service falls on a scheduled working day of the employee. C. Upon approval of the Police Chief, an employee shall be granted up to three (3) additional work days to attend the funeral of his/her spouse, child, step -child or other members of his/her immediate family as defined in Section B. Said leave shall be deducted from the employee's compensatory time account. 5 Special Provision It is recognized that a death of a person other than the relationship listed above could warrant consideration for some paid funeral leave. In this event the employee should make known the situation to the department manager. The department manager may exercise administrative approval consistent with the intent of this funeral leave provision. The department manager will document the administrative approval by written notice to the Personnel Office. ARTICLE X LEAVE OF ABSENCE WITHOUT PAY A leave of absence without pay may be granted by the City Manager upon the recommendation of the department manager. An employee desiring a leave of absence without pay shall submit a request in writing to the City Manager at least thirty (30) calendar days in advance of when the leave is to begin. The request shall contain a statement as to the reason(s) for the desired leave, the date when the leave is to begin, and the date of return to duty. Denial of a request for a leave of absence without pay or the reason(s) therefore shall not be a proper subject for the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. Failure to return to work at the end of a leave shall constitute cause for dismissal. It is understood that a leave of absence without pay shall not be used for the purpose of accepting employment elsewhere. An employee accepting other employment shall be terminated. An employee may be required to take a medical examination before being allowed to return to work after a leave of absence without pay. An employee granted a leave of absence without pay, upon completion of the leave, shall be returned to the same position and the same pay step in the pay grade corresponding to the classification occupied at the time the leave began. Except as provided in the Family and Medical Leave Act of 1993, during a leave of absence without pay, the employee shall continue to accrue seniority, but shall not accrue or receive any other privileges, benefits or pay granted by this Agreement. 6 ARTICLE XI SICK LEAVE Section 1 Employees shall accrue eight (8) hours of sick leave per month (3.6923 hours biweekly). The term month, as used in this section, means a calendar month. Section 2 Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a maximum of 960 sick leave hours. Employees will be paid 100% of accrued sick leave at retirement. Payment will be based on the employee's regular (straight time/base) rate of pay at retirement. Payment will be made bi-weekly over a five-year period. In order for a retiring employee to be eligible for such payment, he/she shall have completed twenty (20) years of continuous service in a full time position or retired as a result of a disability and must be eligible for pension payments from the Municipal Fire and Police Retirement System of Iowa Pension System immediately upon retirement. In the event a retired employee dies before all of the unused sick leave is paid, such payment will cease at the time of the retired employee's death. Section 3 Sick leave shall be paid to employees at their regular base rate predicated on either an eight (8) hour work day or a ten (10) hour work day, depending on whether the employee is assigned to an eight (8) hour work day or a ten (10) hour work day. Charges against accrued sick leave shall be made by deducting the hours paid from the employee's accrued sick leave but it is understood that no sick leave shall be paid to an employee on his/her regular day off. Employees shall be granted sick leave with pay for illness or injury of members of the employee's family (spouse, dependent children or stepchildren and parents or stepparents). Up to sixty (60) hours or six (6) workdays whichever is less per employee per fiscal year shall be granted for this purpose. Employees may use family sick leave when their spouse is hospitalized for the delivery of their child. Family sick leave may also be used when an employee's spouse has complications during pregnancy or after delivery or if the child needs special medical attention. The use of sick leave for the purpose described in this paragraph is limited to the number of sick days available for illness or injury to members of the employee's immediate family as defined in this article. 7 Section 4 An employee who is on approved leave of absence due to an injury or illness shall continue to accrue sick leave credit for a period not to exceed two (2) calendar months following the month of injury or illness. No sick leave shall be accrued during layoff due to curtailment of work when such layoff extends beyond thirty (30) days. No sick leave shall be accrued during a personal leave of absence when such personal leave of absence extends beyond sixty (60) days. Accrual of sick leave shall be terminated upon the employee's discharge, resignation, retirement or death. Section 5 An employee who is injured while employed by another employer or doing contract work for pay on non -City work shall not be entitled to any sick leave payment. Section 6 At the discretion of the Department Manager, each pay period an employee will have either fifty (50) percent of their sick leave accrued above the maximum accrual of nine hundred and sixty (960) sick hours credited to their vacation accrual, up to the maximum vacation accrual amount, or be paid at their regular rate, plus longevity, for fifty (50) percent of their sick leave accrued above the maximum accrual of nine hundred and sixty (960) sick hours. If an employee is at their maximum vacation accrual, they will be paid at their regular rate, plus longevity, for fifty (50) percent of their sick leave accrued above the maximum accrual of nine hundred and sixty (960) sick hours. ARTICLE XII PREGNANCY LEAVE An employee's pregnancy, childbirth or related medical condition is regarded as a temporary disability. The commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, reinstatement, and payment under the City's health insurance, disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy, child birth or related medical condition on the same terms and conditions as they are applied to other temporary disabilities. Sick leave benefits, to the extent of an employee's accumulated sick leave, shall be granted, if requested by the employee, for the period that the employee is disabled because of the employee's pregnancy, childbirth or 8 related medical condition. The employee may use other available paid leaves such as vacation, compensatory time or casual day or a leave of absence without pay during the period of temporary disability. A leave of absence without pay beyond the period of temporary disability may be granted in accordance with Article X, LEAVES OF ABSENCE, of this Agreement. The employee is responsible for providing timely notice of the period of leave requested. The City reserves the right to require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the essential functions of her position. ARTICLE XIII PAID PARENTAL LEAVE Section 1 - Purpose/Objective The City of Dubuque will provide up to 12 weeks of paid parental leave to employees following the birth of an employee's child or the placement of a child with an employee in connection with adoption or foster to adopt care. The purpose of paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted or newly placed to adopt child. This policy will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. Section 2 - Eligibility Eligible employees must meet the following criteria: • Have been employed with the City of Dubuque for at least 12 months (the 12 months do not need to be consecutive). • Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the leave would begin. • Be a full- or part-time, regular employee (temporary or seasonal employees and interns are not eligible for this benefit). In addition, employees must meet one of the following criteria: • Have given birth to a child. • Be a spouse or committed partner of a woman who has given birth to a child. 9 • Have adopted a child or been placed with a foster -to -adopt child (in either case, the child must be age 17 or younger). The adoption of a new spouse's child is excluded from this policy. Section 3 - Amount, Time Frame and Duration of Paid Parental Leave • Eligible employees will receive a maximum of twelve weeks of paid parental leave per birth, adoption or placement of a child/children. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the up to twelve -week total amount of paid parental leave granted for that event. In addition, in no case will an employee receive more than twelve weeks of paid parental leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster -to -adopt care placement event occurs within that 12-month time frame. • Each week of paid parental leave is compensated at 100 percent of the employee's regular, straight -time weekly pay. Paid parental leave will be paid on a biweekly basis on regularly scheduled pay dates. • Approved paid parental leave may be taken at any time during the twelve- month period immediately following the birth, adoption or placement of a child with the employee. Paid parental leave may not be used or extended beyond this twelve-month time frame. • In the event of a female employee who herself has given birth, the twelve weeks of paid parental leave will commence at the conclusion of any short- term disability leave/benefit provided to the employee for the employee's own medical recovery following childbirth. • Employees must take paid parental leave in one continuous period of leave and must use all paid parental leave during twelve-month time frame indicated above. Any unused paid parental leave will be forfeited at the end of the twelve-month time frame. • Upon termination of the individual's employment at the company, he or she will not be paid for any unused paid parental leave for which he or she was eligible. Section 4 - Coordination with Other Policies • Paid parental leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster to adopt, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other 10 requirements and provisions under the FMLA will apply. In no case will the total amount of leave —whether paid or unpaid —granted to the employee under the FMLA exceed 12 weeks during the 12-month FMLA period. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA. • After the paid parental leave (and any short-term disability leave for employees giving birth) is exhausted, the balance of FMLA leave (if applicable) will be compensated through employee accrued sick, vacation and personal time. Upon exhaustion of accrued sick, vacation and personal time, any remaining leave will be unpaid leave. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA. • The company will maintain all benefits for employees during the paid parental leave period just as if they were taking any other company paid leave such as paid vacation leave or paid sick leave. • If a City holiday occurs while the employee is on paid parental leave, such day will be charged to holiday pay; however, such holiday pay will not extend the total paid parental leave entitlement. Section 5 - Requests for Paid Parental Leave • The employee will provide his or her supervisor and the human resource department with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible). The employee must complete the necessary forms and provide all documentation as required by the Human Resources department to substantiate the request. • As is the case with all City policies, the organization has the exclusive right to interpret this policy. ARTICLE XIV SENIORITY Section 1 If an employee has successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy before the initial appointment as a patrol officer, the trial period shall be for a period of nine (9) months and shall commence with the date of initial appointment as a patrol officer. If an employee has not successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the law 11 enforcement academy before initial appointment as a patrol officer, the trial period shall commence with the date of initial employment as a patrol officer and shall continue for a period of nine (9) months following the date of successful completion of training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy. A patrol officer transferring employment from one jurisdiction to another shall be employed subject to a trial period of nine (9) months. An employees' seniority shall be administered in accordance with Chapter 400, Code of Iowa. An employee may be laid off or discharged any time prior to the end of the trial period and such discharge or lay off shall not be subject to the grievance procedure of the Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. The Association shall not assert or present any grievance or appeal on behalf of an employee because of any matter or occurrence whatsoever falling within the trial period. Section 2 For purposes of computing benefits, length of continuous service shall relate to an employee's most recent date of employment in a full-time position. For purpose of this Agreement, the term employee shall mean full-time employee. Section 3 An employee's seniority and employment relationship with the City shall be broken and terminated for the following reasons (this list is not inclusive): ■ Resignation ■ Discharge ■ Death ■ Retirement ■ Being laid off for a period of two (2) months without either being recalled to the position the employee occupied at the time of the lay off or being appointed to another position in the bargaining unit. ■ If, after a layoff, the employee fails to report for work within five (5) workdays after the date the certified letter was mailed, notifying the employee to report for work. ■ Failure to report to work after the termination of an authorized leave. Section 4 An employee's seniority shall be used as the employee's basis twice a year in signing up for shifts and days off. An employee's seniority shall be used as the employee's basis for vacation choice signup only in the spring of the year during the traditional vacation signup period. If an employee changes shift after the spring vacation signup, they will not be able to use seniority to negate a less senior employee from a vacation 12 selection already chosen on the employee's new shift. The total strength of each shift, required reporting times of each shift, and number and types of days off allotted to each shift shall be determined by the Chief of Police in such a manner as to provide the best possible police service. Throughout the year, the City reserves the right to make shift assignments for efficient and effective police service without regard to seniority. Section 5 In the event of a change in shift assignment, other than a shift assignment change that is the result of an emergency situation or is of an urgent nature, the affected employee(s) shall be notified at least five (5) calendar days prior to the effective date of the change and upon the request of the affected employee(s), shall also be provided with a statement containing the reason(s) why the change is being made. ARTICLE XV CASUAL DAY A. Considerations 1. To afford an employee one (1) day with pay, not to be deducted from sick leave accumulation, to be scheduled by his/her department manager. 2. Approving or disapproving the employee's requested date for this casual day shall be at the sole discretion of the employee's department manager or authorized representative. 3. The employee's request for a specific day shall be given maximum con- sideration consistent with the conditions set forth below under B, but final approval is subject to (2) above and denial of the employee's requested date is not a proper subject for a grievance. 4. Exception to (3) above would only be considered as a proper subject for a grievance if the employee alleges that the requested date was disapproved because of arbitrary, capricious or personal prejudice on the part of the approving authority. 5. The Association recognizes that approval or disapproval of a specific day must consider the efficient level of service due the general public. B. Conditions 13 1. A new employee must have completed at least four (4) full calendar months of the trial period before June 15th of each calendar year in order to be eligible during the calendar year. 2. On January 15th of each year, or upon the completion of four (4) full calendar months of his/her trial period as stipulated in (1) above, one (1) day will be credited to each eligible officer's compensatory time account. 3. No employee may request a casual day as the day immediately preceding or following the employee's scheduled vacation period. In the event an emergency situation arises while an employee is on vacation, and such employee has not used the casual day, upon written or telephone request the vacation may be extended one (1) additional day by utilizing the casual day. 4. Under no circumstances shall pay be requested or approved in lieu of the casual day off with pay. 5. Once a date has been approved for an employee as a casual day it may not be rescheduled except under the most extenuating circumstances; however, it is understood and agreed that the right to cancel and reschedule an employee's casual day is reserved by the department manager or authorized representative when such extenuating circumstances exist. A date may be canceled and rescheduled by an employee under extenuating circumstances. 6. Employees assigned to a ten (10) hour workday shall receive ten hours of pay for the casual day. Employees assigned to an eight (8) hour workday shall receive eight (8) hours for the casual day. The Association will not attempt to negotiate an increase in the time off for a casual day from eight (8) hours to ten (10) hours for employees assigned to an eight (8) hour workday. ARTICLE XVI VACATIONS Section 1 After an employee has one (1) year or more seniority the employee shall be eligible to receive two (2) weeks paid vacation at eighty (80) hours straight time pay in each calendar year. After an employee has completed four (4) years or more seniority the employee shall be eligible to receive three (3) weeks paid vacation at one hundred twenty (120) hours straight time pay in each calendar year. After an employee has completed eight (8) years or more seniority the employee shall be eligible to receive four (4) weeks paid vacation at one hundred sixty (160) hours straight time pay in each calendar year. After an employee has completed twenty-three (23) years or more 14 seniority the employee shall be eligible to receive five (5) weeks paid vacation at two hundred (200) hours straight time pay in each calendar year. Section 2 It is agreed that vacations are earned during the year of service preceding that in which the vacation time is taken. No vacation time shall be accrued during layoff due to lack of work when such layoff exceeds thirty (30) days. No vacation time shall be accrued during a personal leave of absence when such personal leave of absence extends beyond sixty (60) days. Section 3 The vacation anniversary date of an employee shall be the same as the seniority date of the employee. Earned vacations must be taken within the twelve (12) month period immediately following the anniversary date of the vacation. Vacation time is not accumulated from year to year; therefore, under no circumstances shall vacations be requested, scheduled or permitted to run consecutively. There shall be no change from previous years in the manner or method of scheduling or approving vacations. Section 4 An employee who is absent from work due to illness or injury for a period not to exceed two (2) months shall continue to accrue vacation time. Section 5 Employees who have six (6) months or more continuous employment and who are laid off, resign or enter military service (provided the City is given two [2] weeks' notice of termination in the case of resignation or military leave of absence) shall receive vacation pay prorated to the last day worked. Section 6 Employees shall be given the opportunity to convert one (1) week (forty [40] hours) of vacation to compensatory time. The conversion option shall be made available during the period when vacations are scheduled. Employees may also convert sixteen (16) 15 holiday hours to compensatory time. The maximum accrual of compensatory time in lieu of overtime pay shall be eighty (80) hours. The maximum accrual of compensatory time of eighty (80) hours includes vacation hours (up to 40 hours) and holiday hours (up to 16 hours) converted into compensatory time. ARTICLE XVII HOLIDAYS Section 1 The following calendar days of the year shall be considered as holidays insofar as the administration of City business is concerned. When the term "holiday" is used it shall be construed to be the following days: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve Section 2 January First Third Monday in January Last Monday in May July Fourth First Monday in September November Eleventh Fourth Thursday in November Friday following Thanksgiving Day December Twenty -Fourth December Twenty -Fifth December Thirty -First An employee shall forfeit the right to payment for a holiday if scheduled to work the holiday and does not report unless excused by the City for the following reasons: A. Formal leave of absence. B. Job incurred injury. C. Funeral leave. D. Subpoena as a witness. E. Illness or injury of less than two (2) months duration with proper doctor's documentation. F. Excused absence approved in writing by and at the sole discretion of the Chief of Police. 16 Section 3 Except as otherwise provided in this section, employees who are eligible for holiday pay shall be paid eight (8) hours straight time pay for each holiday in lieu of time off. Eligible employees shall have the option of receiving time off in lieu of holiday pay for two (2) of the named holidays (16 hours). Time off in lieu of holiday pay shall be administered in accordance with the procedure covering the use of compensatory time. Section 4 For non -shift employees, when the holiday falls on Sunday, the following day shall be declared a holiday for the employee. When the holiday falls on Saturday, the preceding day shall be declared a holiday for the employee. For shift employees, holidays shall be observed on the day of legal recognition by the State of Iowa. For shift employees, the holiday shall commence at 12:00 midnight the day of the holiday and end at 11:59 p.m. the same day. Employees shall receive one and one-half times the regular rate of pay for all hours worked on the holiday. ARTICLE XVIII LONGEVITY Section 1 Longevity payment shall represent a percentage of an employee's regular (straight time or base) rate of pay based upon an employee's length of service in a full-time position. Longevity payment shall represent compensation in addition to an employee's regular (straight time or base) rate of pay. Longevity payments shall be made each payday in accordance with the longevity pay plan set forth in Section 2 of this Article. Section 2 Longevity payments shall be made in accordance with the following schedule: After five (5) years of continuous service After ten (10) years of continuous service After fifteen (15) years of continuous service 17 1% of regular rate of pay 2% of regular rate of pay 3% of regular rate of pay After twenty (20) years of continuous service 4% of regular rate of pay After twenty-five (25) years of continuous service 7% of regular rate of pay Section 3 Continuous service shall mean service with the City uninterrupted by resignation, discharge or personal leave of absence without pay exceeding sixty (60) days in the preceding twelve (12) months. ARTICLE XIX EDUCATIONAL BONUS PLAN Except as herein provided, in order to qualify for the Educational Bonus Plan, employees must have completed sixty (60) semester hours of college -level course work at an accredited university or college with a minimum of twelve (12) hours of course work in professional law enforcement development. A minimum of an overall grade of "C" will be required. Courses which are applicable within the twelve (12) required in professional Law Enforcement Development Courses are those which lead directly to the enhancement of the officer's performance of his/her duty as a Police Officer. Such courses are exemplified by the partial listing which follows: A. Law Enforcement, Police Administration, Criminal Law, Juvenile Delinquency, Correctional Philosophy and other core Police Science courses. B. Interviewing as related to Law Enforcement, Traffic Administration, Criminal Investigation, Police -Community Relations, Criminal Procedures and Evidence, and other professional development courses. C. Behavioral and Social Science courses such as American Government, Public Administration, Legislative Process, American Political Parties, Judicial Process, Municipal Government and Urbanism and American Constitutional Law. D. Certain Psychology courses such as General Psychology, Social Psychology, Personal and Industrial Psychology, Abnormal and Criminal Psychology. E. Certain Sociology courses such as Principles of Sociology, Social Problems, Race and Ethnic Relations, Criminology, Sociological Research, and various courses aimed at improvement of the individual law enforcement function. The Educational Bonus Plan will apply as follows: 18 Patrol Officer Master Patrol Officer Detective Corporal Identification Officer Sergeant 5% of the base rate of pay 5% of the base rate of pay 5% of the base rate of pay 5% of the base rate of pay 4.5% of the base rate of pay 4.5% of the base rate of pay To apply for this educational benefit an officer must submit to the Chief of Police a stamped transcript of his/her college or university credits for consideration. The final determination of eligibility shall be made by the City Manager's Office. Employees hired or appointed to the position of Patrol Officer on or after July 1, 1998, shall not be covered by the terms of this Article until they have completed twelve (12) months of continuous service as a City of Dubuque Police Officer. ARTICLE XX OVERTIME Except as otherwise provided in this Article, one and one-half (1 1/2) times the regular rate of pay shall be paid for all hours worked outside a scheduled payroll day or a scheduled payroll week. For employees assigned to an eight (8) hour workday, daily overtime will commence after eight (8) hours and twenty (20) minutes have elapsed from the designated reporting time of the employee. For employees assigned to a ten (10) hour workday, daily overtime will commence after ten (10) hours and twenty (20) minutes have elapsed from the designated reporting time of the employee. An employee shall be paid double time for time spent in court during the employee's scheduled vacation. This double time provision does not apply to the employee's court appearance on a casual day. Employees shall be paid a minimum of two (2) hours at 1 '/2 times their regular rate of pay as witness fee or if the employee spends more than two (2) hours in court, the employee shall be paid 1 '/2 times their regular rate of pay for the total hours worked. Employees who are eligible to receive overtime may be granted time off in order to compensate for and in lieu of overtime payment. Compensation shall not be paid more than once for the same hours of work under any provision of this Article or Agreement. When overtime is required, it must be approved by the employee's supervisor. An employee who is assigned the duties of Field Training Officer shall receive five (5) hours of compensatory time off or five (5) hours of pay at the regular rate of pay for each 19 full week during which he/she is assigned to and works with a police officer during his/her trial period as a Field Training Officer. Travel time related to attending training sessions as defined by the Fair Labor Standards Act as compensable hours of work, will be paid in accordance with the overtime provision of the Agreement. ARTICLE XXI SHIFT PREMIUM Employees assigned to a ten (10) hour workday shall receive shift premium as follows: Work Schedule 3:00 p.m. to 1:00 a.m. 7:00 p.m. to 5:00 a.m. 11:00 p.m. to 9:00 a.m. Rate $.25 per hour $.30 per hour $.35 per hour Employees assigned to an eight (8) hour workday shall receive shift premium as follows: Work Schedule Rate 3:00 p.m. to 11:00 p.m. 11:00 p.m. to 7:00 a.m. $.25 per hour $.35 per hour Employees in the classifications of Identification Officer and Sergeant shall not receive shift premium payment. ARTICLE XXII GROUP INSURANCE Section 1 HEALTH AND PRESCRIPTION DRUG INSURANCE Effective July 1, 2020 employees shall pay 15% of the cost of the premium established for the health and prescription drug insurance plan for which the employee is enrolled. The premium for the health and prescription drug insurance plan shall be the premium established for retirees and COBRA enrollees. Health Plan 20 Plan Design In Network Out -of -Network Annual Out -of -Pocket Maximum $800/$2,400 $1,500/$4,500 Office Visit $25 copay Specialty Doctor Visit $25 copay Outpatient Services $40 copay Emergency Room $150 copay Urgent Care $40 copay Prescription Drug Plan Plan Design In Network Out -of -Network RX - Retail $5 Generic $15 Brand Name Formulary $25 Brand Name Non - Formulary RX — Mail Order $10 Generic $30 Brand Name Formulary $50 Brand Name Non - Formulary The City shall establish and maintain a health insurance committee composed of representatives of the bargaining units and non -bargaining units. Representation will be proportionate to their percentage of the employees eligible for health insurance. The bargaining unit shall select their representatives on the committee. The above plan design components will remain in force unless and until the healthcare insurance plan providers require a change in which case the change will be shared with the health insurance committee. Changes also may be made after potential changes have been reviewed by the health insurance committee and it has made a recommendation for any changes to health insurance. Any changes will be incorporated into this agreement by this reference. Section 2 LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE 21 The City shall pay the full cost of a life insurance and accidental death and dismemberment insurance policy for all employees covered by this Agreement. Employees are eligible for coverage the first day of the month following the completion of thirty days of continuous service in a full-time position. Employees who retire shall receive a life insurance policy. Eligibility and amount of coverage shall be in accordance with the terms of the life insurance master agreement. Section 3 DISABILITY INCOME PROTECTION INSURANCE Disability income protection insurance policy shall be provided to all employees covered by this Agreement. The cost of such coverage shall be paid in full by the City. Employees are eligible for coverage the first of the month following the completion of thirty days of continuous service in a full-time position. Section 4 MASTER INSURANCE AGREEMENTS Specific benefits of each aspect of the group insurance plan are set forth in master agreements which shall in all cases be the determining factor as to eligibility and amounts of coverage extended to each employee. Section 5 COVERAGE DURING EXTENDED ILLNESS OR INJURY The City shall continue to pay its portion of the cost of the group insurance premiums for a period not to exceed fourteen (14) months from the day an employee is absent due to a non -job related illness or injury or for a period equivalent to the employee's length of continuous service in a full-time position prior to the day of absence due to the non -job related illness or injury, whichever is less. The City shall continue to pay its portion of the cost of the group insurance premiums for a period not to exceed fourteen (14) months from the day an employee is absent due to a job -related illness or injury. Group insurance plans include health insurance, prescription drug insurance, life/accidental death and dismemberment insurance and disability income protection insurance. Section 6 TERMINATION OF INSURANCE BENEFITS 22 When a covered employee is discharged, laid off, resigns, retires or dies, the City shall discontinue payment of all insurance premiums. Insurance benefits for dependents terminate when the dependent ceases to be eligible as a dependent or when the employee withdraws the authorization for dependent insurance coverage. In compliance with applicable Federal and State laws, employees and their eligible dependents are entitled to continue their health insurance coverage after termination of employment at their expense. Requests for continuation of health insurance benefits must be made in writing to the Personnel Office. Section 7 COVERAGE DURING A LEAVE OF ABSENCE WITHOUT PAY An employee may elect to continue group insurance coverages while on a leave of absence without pay. During such leave the employee shall be responsible for paying the full cost of all group insurance premiums except for a leave of absence without pay granted in accordance with the Family and Medical Leave Act of 1993. Section 8 FLEXIBLE SPENDING ACCOUNTS The City shall provide IRS Section 125 Flexible Spending Accounts for medical and dependent care expenses and health, prescription drug and dental insurance premiums. ARTICLE XXIII CALL BACK Except as otherwise provided in this Article, an employee who, having left the premises after his/her regular shift, is recalled for additional work shall receive not less than two (2) hours pay. When such work merges with the employee's regular workday this provision does not apply. Employees in the classifications of Sergeant and Identification Officer are not entitled to receive payment under this or any other Article of this Agreement for time spent in department staff meetings outside of their regular work shift. The City has the right to determine who is on standby and the operationally needed number of employees on standby. A) Employees assigned to the Drug Task Force on standby will receive, at their option, either six (6) hours at their regular rate of pay or six (6) hours of compensatory time for each full week they are on standby. B) Employees assigned to the Criminal Investigations Division on standby will receive 23 at their option, either four (4) hours at their regular rate of pay or four (4) hours of compensatory time for each full week they are on standby. Standby pay shall not be considered hours worked for purposes of overtime eligibility. Employees who are on standby, but are not available for work, will not receive standby pay and will be subject to disciplinary action. ARTICLE XXIV WORK BREAKS Employees may be allowed two (2) coffee breaks during each shift. Each coffee break shall not exceed ten (10) minutes in length. An employee shall be allowed one (1) lunch break during each shift. The lunch break shall not exceed thirty (30) minutes in length. Employees are not guaranteed work breaks if operational circumstances do not permit. No additional compensation shall be provided if a work break is missed or interrupted. Officers working scheduled or unscheduled overtime shall be entitled to one (1) coffee break per four (4) hours worked. ARTICLE XXV GRIEVANCE PROCEDURE A grievance is a difference of opinion between an employee or a group of employees, or between the City and the Association with respect to the meaning, interpretation or application of any term or terms of this Agreement. The City is desirous of equitable and prompt adjustment of problems or grievances of the employees. These shall be settled orally whenever possible between the supervisor and the employee when the problem or grievance originates. An employee wishing to exercise the grievance procedure shall be entitled to have another Association member of his/her choice present as a witness during any presentation of the grievance to any officer of the department. The witness shall not become a party to the dispute but shall serve only as a witness. In the case of duty or shift assignments the aggrieved officer may present the grievance but shall not be allowed to delay or avoid the assignment beyond that time necessary for presentation of the grievance to the supervisor responsible for the assignment. A. Oral Proceedings 24 Step 1 Within ten (10) calendar days after the alleged grievance has occurred, the employee and supervisor shall orally discuss the grievance in an attempt to resolve the issue. Step 2 The City shall not be obligated to accept a written grievance until such grievance has been discussed orally between the grieving officer, a supervisor and the Chief of Police. B. Written Proceedings Step 1 A grievance not settled after oral discussion, as outlined above, within seven (7) calendar days may be reduced to writing and presented to the Chief of Police. The nature of the complaint shall be clearly defined so that the Chief of Police will have a fair opportunity to locate the cause of the problem and settle the matter. The Chief of Police shall answer in writing within seven (7) calendar days after receipt of the grievance. Step 2 If the grievance is not settled in Step 1, within seven (7) calendar days after receiving the answer, a written request may be addressed to the Chief of Police for a meeting with the City Manager. If the request is denied by the Chief of Police a written appeal may be sent directly to the City Manager, following written notice to the Chief of Police of intention to appeal. Within fourteen (14) calendar days of receipt of request for a meeting or written appeal, the City Manager or a designated representative (from outside the Police Department) shall hear matters pertinent to the grievance. The chairperson of the Welfare Committee or the designee of the Association may be present at the request of the aggrieved employee or at the request of the President of the Association. The aggrieved employee may not choose anyone other than the designated person of the Association to represent him/her in this hearing. The City Manager shall give a written answer fourteen (14) calendar days after this meeting. Step 3 25 For employees under Civil Service and for issues covered by the Civil Service Act, if a grievance is not settled in Step 2 the employee has recourse of the Civil Service Act and shall follow its provisions outlined under Chapter 400, Code of Iowa. If the grievance is not settled in Step 2, within twenty (20) calendar days after receiving the City's written answer, either party may notify the other party in writing and submit the grievance to arbitration. An impartial arbitrator shall be chosen by mutual consent by the Association and the City as soon as possible after receipt of a request for arbitration. If the parties do not agree upon the selection of an arbitrator within fifteen (15) calendar days after the receipt of the request for arbitration, the Public Employment Relations Board shall be requested to furnish a list of five (5) arbitrators. The party requesting arbitration shall first strike the name of one (1) person on the list and the other party shall then strike one (1) name and then the process is repeated. The remaining name shall be the arbitrator. An arbitrator's decision on a grievance may not change or amend the terms, conditions or applications of the Collective Bargaining Agreement. Such procedures shall provide for invoking of arbitration only with the approval of the employee organization, and in the case of an employee, only with the approval of the public employee. The cost of arbitration shall be shared equally by the parties. Association representatives, when carrying out procedures in Step 1 and Step 2 in the Grievance Procedure, shall be allowed to leave their work after the supervisor's approval and shall suffer no loss of straight time pay, not including overtime pay. The City shall not be responsible for pay to Association employees involved in any matter relating to arbitration proceedings or Civil Service proceedings. Time limits set forth in this policy may be waived by mutual consent of the principal parties. Time limits may be waived upon submission of a written statement of inability to act for good cause and setting forth another date of intended action. Good cause shall include, but not be limited to, the absence of principals to the grievance. If the City does not answer a written appeal within the time limits specified in the written proceedings, the Association may elect to treat the grievance as a denial of that step, and immediately appeal the grievance to the next step. If the Association fails to file a written appeal within the time limits specified in the written proceedings, the grievance may be appealed automatically to the next step. 26 ARTICLE XXVI WAGE PLAN Section 1. Pay Plan The following salary schedules shall represent the regular (straight time or base) rate of pay for positions covered by this Agreement: POSITION SALARY Range STEP STEP STEP STEP STEP STEP CLASSIFICATION GRADE A B C D E F Biweekly Rates — Effective 7/1/2020 through 6/30/2021 $2228.13 Patrol Officer P-01 P-01 _ _ $2288.22 $2,409.20 $2,476.60 Police Corporal P-02 P-02 _ _ _ $2573.23 $2673.10 $2,768.92 Police Detective P-02 P-02 - - - $2573.23 $2673.10 $2,768.92 Police Identification Officer P-03 P-03 $2,481.47 $2,611.39 $2,737.25 $2,872.04 $3013.33 $3,170.86 Police Sergeant P-03 P-03 $2,481.47 $2,611.39 $2,737.25 $2,872.04 $3013.33 $3,170.86 Section 2. July 1, 2021-June 30, 2022 Wage Base Rate Base rate for each classification in the bargaining unit will increase by 1.75% Section 3. July 1, 2022-June 30, 2023 Wage Base Rate Base rate for each classification in the bargaining unit will increase by 3.0% Section 4. July 1, 2023-June 30, 2024 Wage Base Rate Base rate for each classification in the bargaining unit will increase by 3.0%. Section 5. Promotion Wage Base Rate Upon promotion an employee shall be placed in the first step of his/her new pay grade except in cases where the increase to the first step would be less than a one (1) pay grade step increase. Under those circumstances the promoted employee shall be placed in such a step in the new pay grade as may be necessary to give the employee at least a one (1) pay step increase. 27 If an employee is promoted to the lowest step in the classification, the employee's performance shall be reviewed after six (6) months and if satisfactory, shall be advanced to the next step in the classification. On the other hand, if the employee is promoted to a step other than the starting step in the classification then the employee's performance shall be reviewed after twelve (12) months and if satisfactory, shall be advanced to the next step and yearly thereafter until he/she has reached Step "F". ARTICLE XXVII NONDISCRIMINATION There shall be no discrimination against any employee in the bargaining unit by either party to this Agreement because of mental or physical disability, age, sex, marital status, race, color, religion, national origin, sexual orientation or political affiliation. Complaints involving an allegation of discrimination may be filed with the appropriate agency but shall not be a proper subject for the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. ARTICLE XXVIII SAVINGS CLAUSE Should any Article, Section or portion thereof of this Agreement be restrained or held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified Article, Section or portion thereof restrained or declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. 28 ARTICLE XXIX DURATION AND NEGOTIATIONS This Agreement shall be effective the first day of July, 2020 and shall remain in full force and effect through the thirtieth day of June, 2024. Negotiations for a succeeding Agreement to become effective on July 1, 2024, shall begin after August 15, 2023, but not later than October 15, 2023. Signed this day of , 2020 DUBUQUE POLICE PROTECTIVE ASSOCIATION PRESIDENT MAYOR, 29 CITY OF UBUQUE, IOWA / ATTEST: KEVI6 IRNSTAIFL, CIT'(CLERK