HomeMy WebLinkAboutItem 17 Ratification of a Three-Year Contract with Springfield Police Association (SPA)
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AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
ITEM TITLE:
April 7, 2008
Regular Session
Human Resource
Bill Spiry
726-3787 /' ~
10 Minutes
RATIFICATION OF A THREE-YEAR CONTRACT WITH THE
SPRINGFIELD POLICE ASSOCIATION (SPA)
ACTION
REQUESTED:
Council authorization for ratification of an agreement between the City
of Springfield and the Springfield Police Association (SPA) bargaining
unit.
ISSUE
STATEMENT:
The collective bargaining agreement between the City and the Springfield Police
Association (SPA) will expire on June 30, 2008. SPA and City negotiators have'
agreed to "roll-over" the terms of the current contract with very limited change in
lieu of extended formal negotiations.
ATTACHMENTS:
Attachment 1 - Collective Bargaining Agreement between the City of Springfield
and the Springfield Police Association
DISCUSSIONI
FINANCIAL
IMPACT:
Contract terms were tentatively authorized by Council on December 3,2007, and
the tentative agreement ratified by the membership of SPA in February. Provisions
are effective July 1,2008 with a three year term expiring June 30, 2011. In
summary, the contract includes the following parameters.
Term: 3 years - July 1, 2008 - June 30, 2011
Wages:
· Effective July 1 of years, 2008, 2009 and2010, the salary schedule for
all employees shall be increased by the increase in the US CPI-W
February to February with a minimum of two percent (2%) and a
maximum of five percent (5%)
· Effective July 1, 2008, 2009 and 2010, the salary schedule for
employees employed in the classification of Community Service
Officer IT shall be increased by an additional one percent (1 %)
The maximum projected [mancial impact of this agreement over the life of the
contract would be $3,314,000 for cumulative compensation and benefits, based on
an assumed maximum CPI- W based COLA in all three years, which is within
Council guidance.
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COLLECTIVE BARGAINING
AGREEMENT
between
THE CITY OF SPRINGFIELD
and
THE SPRINGFIELD POLICE
ASSOCIATION
JULY 1, 2008 THROUGH JUNE 30, 2011
Attachment 1
Page 1 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
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TABLE OF CONTENTS
PREAMBLE..................................................................................................................................................5
ARTICLE 1 - RECOGNITION............. ........................... ............ ........................ .................................. .....5
1. I Description. ..... ....... .................... ..................................... ........................................... .................... ....... 5
I .2 New Classifications................ ................. ......................................... ............. ................ ........................5
1.3 Notice of Action.................... ....................................................................... ....................... ..................5
ARTICLE 2 - MANAGEMENT RIGHTS...................................... ............. .......... ....................................6
ARTICLE 3 - NON-DISCRIMINATION ...................................................................................................6
ARTICLE 4 - ASSOCIATION BUSINESS...... ............................................................ .................. ...... ......6
4.1 Association Business .................... ................................................... .............. ................ ......... ...............6
4.2 Collective Bargaining Activities ................................................................... ................ .......... .........;....6
ARTICLE 5 - ASSOCIATION SECURITY ...............................................................................................6
5.1 Check-off... ............................ ....................... ............................ .............................. ....................... ........ 6
5.2 Fair Share... ....................... .............................. .................. ..................................... ................... ............7
5.3 Religious Objection.... .................................. ............... ................................................ ..... .....................7
5.4 New Hires.............................................................................................................................................. 7
5.5 Bulletin Boards.. .......................... .............. .................................................... ........................................7
5.6 Right of Access..... ...................... ................... ............................. ............. ........................................ .......7
5.7 Certification of Association Officers and Agents................................................................................... 7
5 .8 Use of Building................ ............................... ... ................ ................... ................ ................. ........... .... 8
5.9 Bargaining Unit Work.. ..................... .......... .................. ....................... ................. ................... ....,..... .... 8
5.10 Out of Class Work....... ................ .................................................. ............................. .........................8
ARTICLE 6 - HOURS AND OVERTIME ....................................................................... ..........................8
6.1 Regular Hours....................... ..................................................... .... ......... ........ ........... ......... ............... ... 8
6.2 Work Week ...........................................................................................................................................8
6.3 Workday...... .... ................ ................................. .... ........ .......... ..... .............. ..... ................ ..........:............9
6.4 Work Shift......... ......... ................................ ..................... .......................................................... ............9
6.5 Work Schedules..... ........................... ................................................ ..................... .... ............................9
6.6 Rest Periods.......................... .... ..................................................................................... .......................10
6.7 Meal Periods...................... ....................................................... ............... ......... ............................;......10
6.8 Overtime.... .................. ................................... ........................ ................ ..... ...... ............................ ...... 10
6.9 Callback........... ............ .................................. ......... .... ... ............................................. .............. .... ....... 10
6.10 Standby Time.... .............................. ........... ..... ............ ............................................. ............ .............10
6.11 Court Overtime....................... ......... .................................................. ..................... .......... .................10
6.12 Flexible Work Hours............ .......................................................... ............... ................................. ...11
ARTICLE 7 - MILEAGE AND PER DIEM.............................................................................................11
7.1 Mileage............ ............ ........ ............................... ........ ................ ............................... ............. ............ .11
7.2 Per Diem.......... .............................................. ................................:............................ ............ ............. 11
7.3 Other Transportation ............................. ........................................................ ...... .............. ........ .......... 11
ARTICLE 8 - TIME OFF IN LIEU OF HOLIDAYS ..................................;...........................................11
ARTICLE 9 - SICK LEAVE. ............................................. ...... .......... ............. ......................................... ..12 .
9.1 Accrual..... ................... ................................................. ........................... ........................................... .12
9.2 Utilization................................................................................................................... ......................... 12
9.3 Family......... ............. ..................................... ..... ............... ..................... ..................... ....................... .13
9.4 Integration with Workers' Compensation ............ ................................ ..................................... ..........13
9.5 Leave Without Pay......................... ............................ ....................................................................... ..13
9.6. Funeral/Compassionate Leave ....... ................................. ..................................... .............. ................ .13
9.7 Sick Leave Conversion at Retirement or Death ..................................................................................13
9.8 Leave Credit Following Re-Employment..................................... ~ ................ ............. .......... ...............14
9.9 Family and Medical Leave................................................... .............................................................. .14
9.10 Leave Donation ........................ ................... ....................... .................... .... ............. ... ............ .... .......14
ARTICLE 10 - OTHER LEAVES OF ABSENCE................................................................................... 1 5
10.1 Criteria and Procedure..................... ................ ........... ..... ....................... .............. ............................ .15
10.2 Jury Duty.............. .................. .......................... ....... ... ..............,........... ............... ......... ..................... 15
10.3 Witness Appearance................ ...................................... ................................... ................................ .15
Attachment 1
Page 2 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
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10.4 Seminars and Workshops................ ..... .............................. ............. ............ ...................................... 16
1 0.5 Voting Leave...... .....:............. ........... ........................... ... ..... ........... ............ ...................................... .16
10.6. Absence Without Leave ................................................................................................;...................16
ARTICLE 11 - EDUCATION AND TRAINING .....................................................................................16
11.1 Tuition Reimbursement....... .................................. ................. .......... ....... ..... .................................... .16
11.2 Directed Training Reimbursement.............. ...................... ............. ..... ......... ............................. ....... .17
11.3 Education Incentive Pay............................. ................... .............. ..................... ......................... ...... ..17
ARTICLE 12' - VACATION..................... ............................. ..................................... ................. ............... 17
12.1 Accrual............ ........ ............. ........... ........................... .............. ............................. ........................... .17
12.2 Continuous Service ........... ................ ................... .................... ......................,.... .............. ................ 18
12.3 Accrual Limitations........................................... ..................... ............................. ............... ............... 18
12.4 Vacation Selection........ .................................. ........................ ................... .............. ............ ............... .18
12.5 Death or Termination... ................................ .......................... ............................... .............. ........... ...18
ARTICLE 13 - PERSONNEL RECORDS...............................................................................................18
13.1 Location and Employee Review Rights .............................................................................................18
13.2 Signing................ ................ ... ......... .............................. ............. ...................... ..................... ........... .19
13.3 Staleness of Personnel Records .............................. .................. ............................... .................. ........ .19
ARTICLE 14 - DISCIPLINE AND DISCHARGE ..... ................. ..................... ....................................... 19
14.1 Just Cause....................... .............................. ........................ .............. ................................ .............. .19
14.2 Probationary Employees............................. .......................... .............. ............................... ............... .19
14.3 Due Process............. ................................... ......,................. ............ ......... .... ............................ .......... .19
14.4 Just Cause Standards....................... ......................... ......... ............. ............... ........................ ...... ..... .19
ARTICLE 15 - SETTLEMENT OF DISPUTES ......................................................................................20
15.1 Procedure................................ ........... ............................. ............... ................. .................... .............. .20
15.2 Time Limits....................... ......................................... ................. .................. .................... ............. ...21
15.3 Grievance File................ ....................................... ................... ....................... .................. ............. ...2 I
15.4 Meetings .................... .................................... ..... .................... ....:.............................. ..................... ...22
ARTICLE 16 - GENERAL PROVISIONS......... ........................... ................................. ....................... ...22
16.1 Work Rules.......... ............. i.............. ........... ..... ................... ............... ..... ..... .................. ....... ............ .22
16.2 Posting ofN ew Work Rules........... ............ ........................ .................... .................. ........................ .22
16.3 Class Specifications........... ................ ................................ ................. ..................... ........... ............ ...22
16.4 Safety. ............................... ........... ............................... .... ................... ...... ...................... .............. ..... .22
16.5 Uniform Allowance.......... ................................................ .................. .......... ................... ..................22
16.6 Personal Expense & Special Pay Allowances................................................................................... 22
16.7 Outside Employment... .............................................. .................................... ....................................23
16.8 Shift Trading and Trading of Days Off............... .......................... ................................................... .23
16.9 Parking.............. .............................. ...................... ....................... ............................ ..........................23
16.10 Special Events.................. ........ ....... ........... ............................ .........:............................................ ...24
16.11 Patrol Shift Overtime....... ...................... ............................. ............................ ~.................. ............ ..24
ARTICLE' 17 - SENIORITy....... ............... .............. .................. .............................. ................................. .24
17.1 Defmition ......................... .... ..................... ......................... ................... ........................ ................... .24
17.2 Layoff and Recall.......... ............................................... ....................... .................................... ..........25
17 .3 Notice of Recall from Layoff Status............................. ......................... .................. ..... ........ ............. 25
17 .4 New Employees............. .................................................. ..................... ............................................. .25
17.5 Seniority List................. ............................................... ..................... ............................................... .26
17.6 Involuntary Tranfer ................................. ................... ...................... ................. ~.................... .......... .26
ARTICLE 18 - COMPENSATION ...........................................................................................................26
18.1 Salary Schedule......... ................................................. .................... ........................ ............... .......... ..26
18.2 Pay Practices........... .................. ~................................ ............... .................................................... .....26
18.3 Step Increases...... ......................................................... .................. ......................... ........... .............. .26
18.4 Incentive Pay.. ............................................................ .............. ............... ..... .............................. ...... .26
18.5 Form of Compensation............................................... ....................... ........... .................................. ...26
18.6 Time Off Plan .... ............................................................. ................ ................................................ ...27
18.7 Training ...... ..................................... .............................. ................. ................................................ ...27
18.8 Second Language Incentive........................................... ................. ...................................................27
ARTICLE 19 - WORKERS' COMPENSATION ....................................................................................27
ARTICLE 20 - RETIREMENT .............. ............................. ............ ........................ ............. ........ ........... .29
Attachment 1
Page 3 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
ARTICLE 21 - INSURANCE..... .............................. .......... ....................... ........ ................ ........ .................29
21.1 Health and Dental Insurance ............................................................................................................. 3 0
21.2 Disability Insurance... ..................... ...... ........................................ ........... ..........................................31
21.3 Life Insurance....... .............. .'......... ........... ................................. .......... ..................... ..........................31
21.4 Optical Insurance... ................. .............................................. ........... ..'............................. ...................31
21.5 Carrier/Coverage................ ......... .'...................... ................ ............. ...,.................... ..................... ..... 31
ARTICLE 22 - LEGAL FEES ............................... ............................... ........................... ...................:. ..... 30
ARTICLE 23 - STRIKES AND LOCKOUTS ............ ................:................... ................................. .........33
23.1 No Strike... ........... .......................... .... ........................................ .......... ................................. .............33
23 .2 No Lockout......... ..................... ............................................. ............. .................. ...... ........................ 33
ARTICLE 24 - SAVINGS CLAUSE ................................... ........................................ ..................... .........33
ARTICLE 25 - TERM ........................................................................................................'........................33
25.1 Duration................... ..... ......................... .................................. ............. .............................. ...............33
ARTICLE 26 - EXECUTION OF AGREEMENT ...................................................................................34
EXHIBIT A - STEWART PLAN ...............................................................................................................35
EXHIBIT B - STEWART PLAN FOR DISPATCHERS ........................................................................36
EXHIBIT C - SALARY SCHEDULE................ .................................. ........................ .............................36
EXHIBIT D - DISPATCHER PAY RATE CALCULATOR .................................................................36
EXHIBIT E - CITY OF SPRINGFIELD RETIREMENT PROPOSAL SUMMARY.........................38
EXHIBIT F - MEMORANDUM OF AGREEMENT ARTICLE 20 .....................................................39
Attachment 1
Page 4 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
PREAMBLE
This collective bargaining agreement is entered into between the City of Springfield, hereinafter
referred to as the "City," and the Springfield Police Association, hereinafter referred to as the
"Association. "
ARTICLE 1 - RECOGNITION
1.1 Description
The City recognizes the Association as the sole collective bargaining agent for part-time
Community Service Officers and all regular employees employed in the classifications covered by
the Agreement. For the purpose of this Agreement, a regular employee shall be an employee who
works 40 hours or more per week. All reference to employees in the agreement, shall be construed
to mean regular full and part time employees, and not temporary (employees of employment
duration of less than six [6] months), or seasonal employees. It is further agreed that supervisory
and confidential employees are excluded from the bargaining unit.
The bargaining unit shall consist of the following classifications:
Police Officer
Property Controller
Property Clerk
Senior Police Records & Communications Specialist
Police Records & Communications Specialist
Police Dispatcher
Police Dispatcher Trainee
Court Security Officer
Community Service Officer 1 and 2
Police Technical Specialist
Police Secretary
1.2 New Classifications
If new classifications are established by the City and added to the bargaining unit, a proposed wage
scale shall be assigned thereto, and the City shall forward the new class and proposed wage to the
Association for their review. The contract will then be subject to reopening for the purpose of
negotiating a wage for that class only if requested by the Association.
1.3 Notice of Action
Where reference is made to some action to be performed by the City in the Agreement or some
notice of filing to be made with the City, the City will act through the City Manager or his designee.
Where reference is made in this Agreement to the Association in that some action is taken by or
directed by the Association, the Association will act through its certified representative, as
described in 5.7 Certification of Officers and Agents.
Attachment I
Page 5 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
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ARTICLE 2 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of
its constituents' departments, commissions and boards; set standards for service; determine
standards and procedures of selections for employment and promotion; direct its employees; take
corrective action; determine the size of its workforce; maintain efficiency of governmental
operations are to be conducted; determine the content of job classifications; take all necessary
actions to carry out its mission in emergencies; and exercise complete control and direction over its
organization and technology of performing its work.
ARTICLE 3 - NON-DISCRIMINATION
All references to employees in this Agreement designate both sexes, and wherever the male gender
is used, it shall be construed to include male and female employees.
ARTICLE 4 - ASSOCIATION BUSINESS
4.1 Association Business
Subject to the reasonable operational needs of the City, the City agrees to allow time offwithout
loss of pay for employees who are Association officers or their designee( s) for the purpose of
processing and investigating grievances. In no' case will more than two (2) such Association
officials be off at anyone time without loss of pay. Prior to taking such time off, employees shall
first notify their immediate supervisor for approval to take such time off; in no case will approval
be unreasonably withheld.
4.2 Collective Bargaining Activities
Subject to reasonable operational needs of the City, the time for collective bargaining activities
shall be mutually agreed upon by the City and the Association. When collective bargaining
activities occur during the regularly scheduled working hours, members of the Association
bargaining team shall be allowed time off with pay. The City shall be notified by the Association
of the names of the designated representatives. No more than two (2) representatives may be off
with pay at anyone time. Bargaining team members may exercise their right to trade shifts or days
off pursuant to ARTICLE 16 - GENERAL PROVISIONS. 16.8 Shift Trading and Trading of Davs
, Off to avoid scheduling hardships due to negotiations..
ARTICLE 5 - ASSOCIATION SECURITY
5.1 Check-off
Authorization shall continue in effect from year-to-year unless 'revoked or changed in writing.
Pursuant to each written authorization, the City shall deduct such dues from the first two bi-weekly
checks during the month. The amounts deducted shall be transmitted within ten (10) days to the
Association. The City will not be held liable for check-off errors but will make proper adjustments
with the Association for errors, within a 30-day period. Provided the City acts in compliance with
provisions of this article, the Association will indemnify, defend, and hold the City harmless against
any claims made and against any suit instituted against the City as a result of the City's
enforcement of the above provisions or as a result of any check-off errors.
Attachment 1
Page 6 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
5.2 Fair Share
Employees who are not members of the Association shall make payments in lieu of dues to the
Association. The amount of such payments shall be determined by the Association. This section
shall be referred to as the "Fair Share" Agreement and the City shall deduct from the fITst two bi-
weekly checks during the month (i.e., 24 times per year), the payments for fair share and shall remit
the same to the Association within ten (10) days after the deduction is made.
5.3 Religious Ob1ection
Any employee who is a member of a church or religious body having bona fide religious tenets or
teachings which prohibit association with a labor organization or the payment of dues, or payment
in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular
Association dues, initiation fees and assessments to a non-religious charity, or to another charitable
organization mutually agreed upon by the employee affected and the Association. The City shall
'deduct from the first two bi-weekly checks of each such employee, (i.e., 24 times per year), the
payments to such charitable organization and shall remit the same to the charitable organization
within ten (10) days after the deduction is made. The employee shall supply proof to the
Association, each month, that this has been done.
5.4 New Hires
The City will notify the Association, in writing, of new employees hired within the bargaining unit,
within 30 days after their hire date, and will furnish the Association their name, mailing address,
and class title.
5.5 Bulletin Boards
The City agrees to allow wall space in the lunch room, not to exceed 3'x 4' for a locked bulletin
board, within the Police Department, to be used by the Association for the posting of notices and
bulletins relating to the Association. Such notices shall be signed and dated by the official
responsible for its posting. In no case will defamatory material be posted on the Association
bulletin board.
5.6 Right of Access
The City agrees that the Association representatives accredited by the Association shall be accorded
reasonable access to bargaining unit members for the purpose of Association business, providing
that such access does not interfere with the performance by City employees of their duties; and
further provided that such representatives shall obtain prior approval from the supervisor. Requests
for approval shall include the purpose of the visit, the length of time required, and the name of the
person to whom the representative desires to speak. The Association shall certify in writing the
names of the Association representatives authorized to conduct Association business with
employees in the bargaining unit. The City may refuse to recognize any such Association
representative until he/she is certified.
5.7 Certification of Association Officers and Agents
The Association shall certify to the City, in writing, the names of officers of the Association or their
designees and agents of the Association who are authorized to act on behalf of the Association.
Attachment 1
Page 7 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
5.8 Use of Building
The City agrees to allow use of City buildings and facilities for Association meetings under the
same guidelines required for use by any other group or organization.
5.9 Bargaining Unit Work
The City agrees not to utilize general fund monies to hire part-time or temporary employees into
bargaining unit classifications for which an active layoff list with qualified employees exists. The
intent of this section is to protect employees in a layoff status.
5.10 Out of Class Work
Any employee who is assigned the responsibilities and/or carries out the duties of a position, rank
or classification above that which he or she normally holds, shall be paid at the rate of that position,
rank or classification while so acting. The rate of pay for the purpose of this article shall be the rate
of pay the employee would receive had he or she been promoted to that position, rank or
classification from his or her normal position but in no case shall the employee receive less than
five percent (5%) increase above his or her normal salary. In order to receive out of class
compensation, the employee must work in the higher class for a minimum of one full shift.
ARTICLE 6 - HOURS AND OVERTIME
6.1 Regular Hours
The regular hours of work each day shall be the consecutive hours in the scheduled shift.
6.2 Work Week
The work week shall consist of a seven (7) day work schedule with five (5) consecutive eight (8)
hour days of work with two (2) consecutive days off. The individual employees' seven (7) days
work schedule shall begin at the start of his/her fITst workday and end seven (7) days (168 hours)
later. The FLSA defmed work week for 40 hour employees will be from Saturday at 2230 PM
through Saturday at 2229 PM. Provided, however, that the City may. continue to operate under the
"Stewart Plan" or any modification thereof agreed upon by the Association.
In the event the City discontinues the "Stewart Plan", the following will occur prior to such
converSIons:
a) The City will notify the Association 30 days in advance of the discontinuance of the
plan. Such notice shall include a work schedule specifying the hours of work and the
shifts the employees will be working.
b) The Association will have a right to discuss the impact of the discontinuance of the
"Stewart Plan" and if no agreement can be reached within 30 days, the parties agree to
arbitrate the "impact" differences in the forum of "last best offer" and the arbitrator will
be directed to select one of the parties' proposals. The parties agree there shall be no
impact discussions regarding compensation.
Attachment 1
Page 8 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
6.3 Workday
The workday shall consist of an eight (8) hour workday within a 24 hour period including rest
periods, briefing, and training periods. The individual employees' 24 hour period shall begin at the
normal starting time of his or her individual workday and end 24 hours later. Provided, however,
that the City may continue to operate under the "Stewart Plan" or any modification thereof agreed
upon by the Association.
6.4 Work Shift
Each employee shall be scheduled to work on a regular shift, and each employee shall have regular
starting and quitting times.
6.5 Work Schedules
Personnel assigned to shift work shall bid for a six (6) month shift assignment, based on their
classification seniority, for shifts and days off. An employee will not be on the same shift more
than 18 months, unless extended by mutual agreement between the City and the Association. Other
than overtime compensation that is required by the FLSA, additional shifts worked as a result of the
transition to the new shift schedule will be considered regularly scheduled shifts for the purposes of
article 6.8, (overtime). For Dispatchers the rules for calculating overtime are described in
attachment B (Stewart Plan). Dispatchers will be paid "Rate B" overtime for hours worked in
excess of 40 hours in any work period as a result of the transition to the new shift schedule, as
described therein. If the employees' selection of days off results in less than a full work period, the
employee may elect to utilize appropriate accrued leave to bring their paid hours up to a full work
period. If the employee does not request to use appropriate accrued leave in this manner, or if the
employee's leave balances have been exhausted, the leave shall be unpaid. The employee who will
not work a full work period due to the shift bid may elect to work in order not to have to utilize paid
leave in order to work a full work period. If an 'employee will work overtime due to the shift bid,
the City may either allow that to occur or order the employee to take time off in order to avoid
overtime pay. If after shift bidding is complete an imbalance in seniority and/or specialization
, exists, management may reassign employees with less than 10 years of classification seniority,
without consideration of seniority, to achieve the desired balance. If after shift bidding, an
employee is forced by the City to a shift that he/she did not bid for, the City will grant '
administrative leave if necessary to place the employee into the correct cycle. To determine what
amount of administrative leave should be granted due to the forced assignment, the city will
determine the difference in the paid hours the employee would have worked in the bid shift as
compared to the forced shift, and grant enough administrative leave to bring their paid hours up to a
full work period for the 24 day FLSA cycle for 7k exempt employees or for the bi-weekly pay
period for 40 hour employees. The City will not require that the employees' accrued leave be
utilized for additional days off that occur due to this forced assignment. Work schedules showing
the employees' workdays, and hours for the next six months, shall be posted on the department
bulletin boards at least 60 days prior to the beginning of that new schedule. This section shall not
apply to specialized assignments including K-9, FTO, or Traffic Team. FTO or Traffic Team
assignments shall have designated slots to bid as determined by the City. Changes in this six month
schedule necessitated by unforeseen circumstances may be made and shall be posted ten (10) days
prior to the effective day of the change unless such notice cannot be given because of an
emergency, which shall be dermed as a catastrophic or unexpected event, but not staffing shortages
caused by normal illness.
Attachment 1
Page 9 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
6.6 Rest Periods
A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall
be scheduled by the City in accordance with the operating requirements of each employee's duties,
and shall be considered on-duty time.
6.7 Meal Periods
All employees shall be granted a meal period during each work shift. To the extent consistent with
operating requirements of the department, each meal period shall be scheduled in the middle of the
work shift, or as near thereto as possible. The meal period for all police officers and dispatchers,
except as otherwise specified herein, shall be one-half hour in length and shall be paid. It is
understood that all employees that receive a paid lunch are subject to call without consideration for
further compensation. All non-police personnel shall receive a one-half hour unpaid meal period,
except that the Property Controller, Property Clerk, Court Security Officer and the Records Clerk
assigned to Animal Control will receive a one hour unpaid meal period. All police officers
assigned to positions outside of patrol will receive a one (1) hour unpaid meal period.
6.8 Overtime
Employees shall be compensated at the rate of one-and-one-half (l ~) times the respective hourly
rate for overtime worked in excess of the employee's regularly scheduled shift.
6.9 Callback
When an employee is assigned and reports for work at any time other than hislher normal shift, the
officer shall be guaranteed at least three (3) hours of overtime pay except when the overtime
assignment commences within three (3) hours of the completion of the members' shift, the overtime
shall be deemed to begin at the completion of the employee's shift and shall extend to the
completion of the overtime assignment. If the overtime commences within two (2) hours of the
beginning of the employee's shift, two (2) hours of overtime pay will be granted. An employee is
eligible to receive more than one (l) call-back pay in a single day so long as the second call-back
occurs outside the initial three (3) consecutive hour block of time (the first call-back), however,
only one (1) call-back shall be paid for each three (3) hour block of time.
6.10 Standby Time
Employees who are placed on standby shall be compensated at 25% of their straight time rate for
the time they are on standby. Standby time shall not apply to court waiting time.
6.11 Court Overtime
If an employee complies with all pertinent department regulations prior to the date of a court
appearance, the employee shall be entitled to receive the court overtime minimum payments
provided by this Article even if the court appearance is thereafter canceled.
Within the three (3) hour call back period, the parties agree that employees will not generally be
assigned any additional duties beyond their court appearance.
Any court waiting time shall be paid as continuous hours with the exception of a one (1) hour
unpaid meal break. All meal breaks during court overtime shall be unpaid up to one (1) hour.
Attachment 1
Page 10 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
6.12 Flexible Work Hours
Certain non-routine or unique assignments within the department require flexible work hours.
Employees who accept such assignments approved by the Chief or his designee, after notification
of any special requirements relating to hours and overtime, shall be bound by these special
requirements and waive the provisions of 6.5 Work Schedules and 6.8 Overtime except that
overtime shall' be paid for hours worked in excess of 40 hours in a work week.
No employee will be discriminated against as a result of refusing to volunteer for an assignment for
which overtime modifications have been made as per this section.
Nothing shall prevent the Chief or his designee from requiring an employee to work such
assignment for which there are insufficient volunteers. In such event, employees shall be
compensated as per this article.
ARTICLE 7 - MILEAGE AND PER DIEM
7.1 Mileage
An employee authorized by the City to report for special duty such as schools, conferences,
training, etc., outside a ten (1 0) mil~ radius of City Hall, excluding the police firing range,
requiring the use of his personal automobile for transportation to such location shall be
compensated at the IRS rate for the use of such automobile. Such mileage shall be computed from
the Police .Department.
7.2 Per Diem
When an employee's duties require him to travel outside the greater Springfield-Eugene area, the
City agrees to advance that employee a per diem payment at the following rate:
*Meals
Breakfast $ 10.00
Lunch $ 11.00
Dinner $ 20.00
Reasonable actual expenses
Lodging
*Exceptions will be made where the official program of a meeting involves a scheduled meal with a charge
higher than that allowable under the schedule shown.
7.3 Other Transportation
When an employee is required or authorized to use public transportation, the actual expenses shall
be advanced to the employee or shall be reimbursed to the employee upon presentation of receipts
to the City.
ARTICLE 8 - TIME OFF IN LIEU OF HOLIDAYS
In lieu of holidays, employees shall accrue 4.308 hours of time per full bi-weekly period of
employment for the purpose of time off in lieu of holidays. Time accrued is meant to be taken
within one (1) calendar year of accrual and shall be taken at the employee's convenience subject to
approval by the City based upon the operating needs of the Police Department.
Attachment 1
Page 11 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
-.,
Employees may accrue a maximum of 112 hours of time under this article. Any time accrued over
and above the maximum will be paid in the employee's next paycheck.
It is understood that employees who do not normally work when City Hall is closed will use eight
(8) hours for each official holiday throughout the year during or because of which City Hall is
customarily closed.
Part-time employees earn time off in lieu of holidays on a pro-rated basis based on their actual
monthly work hours as a percentage of full-time hours.
ARTICLE 9 - SICK LEAVE
9.1 Accrual
Accrued sick leave shall be earned for the purpose stated herein by each employee at the rate of
3.693 hours for each full bi-weekly period of employment, commencing with the date of
employment. There shall be a maximum accumulation of 1200 hours. For the purpose of
conversion at retirement or death, the maximum accrual is 960 hours.
Part-time employees accrue sick leave on a pro-rated basis based on their actual work hours as a
percentage of full-time hours.
9.2 Utilization
Employees may utilize their allowance for sick leave when unable to perform their work duties by
reason of illness or injury. In such event, the employee shall notify the employee's immediate
supervisor or the on-duty, supervisor of absence due to illness or injury and the nature and expected
length thereof, as soon as possible and, if reasonably possible, at lease one (1) hour prior to the
beginning of his regularly scheduled work shift, unless unable to do so because of the serious nature
of the injury or illness. If a supervisor is unavailable, a message may be left at dispatch. The City
may, at its option, require a physician's statement of the nature and identity of the illness, the need
for the employee's absence and an estimated duration of the absence for any illness which causes
an employee absence of three (3) or more consecutive workdays or when the pattern of sick leave
usage indicated potential abuse of sick leave, prior to the payment of any sick leave benefits. Prior
to allowing the employee to return to work, the City may require a doctor's release stating that the
employee may return to his/her normal duties. Where the City finds the employee is, by reason of
his illness or injury, unable to perform services with the regularity, efficiency or degree of safety to
himself or others which the City finds necessary to the proper operation of the department and
safety of fellow employees, or where the City finds that the employee's illness at a stage where it
may present .an unnecessary or unreasonable risk of infection to other employees, the City shall
have the right to require that he absent himself and take further sick leave.
Normal expenses, if any, resulting from verification of illness not to exceed the usual and
customary charges for a doctor's visit will be the responsibility of the City if not covered by the
employee's or spouse's insurance plan.
Attachment 1
Page 12 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
9.3 F amilv
Employees may take sick leave to arrange for care because of a serious illness of a family member
in the same household, which shall include,parents of the employee and children who may not be
living in the same household.
9.4 Integration with Workers' Compensation
An employee who is offwork due to an injury which is compensable under the Oregon Workers'
Compensation Act will receive compensation under the Act in addition to an amount from the City;
the total of the two shall be equal to the employee's regular net base s~lary including incentive pay.
Checks received as compensation from the City's, insurance carrier or its designee will be reported
to the City Finance Director, in writing, specifying the amount and the period for which is
represents payment.
Sick leave time offwill not be charged to the employee for injuries covered by Workers'
Compensation. If an employee is off for more than twelve (12) months because of a compensable
disability, time off in excess of twelve (12) months may be charged against sick leave on a prorated
basis.
During the period of disability, the employee shall continue to receive all forms of compensation
(salary, step increases, incentive pay, all insurance, etc.) and shall accrue sick time, holiday time,
and vacation time during the period of disability, but shall not receive personal expense allowances
as defined in 16.6 Personal Expense & Special Pay Allowances of this Agreement.
9.5 Leave Without Pay
Upon application by the employee, or in the event the City determines under 9.2 Utilization that the
employee is unable to return to work, sick leave without pay may be granted by the City for the
remaining period of disability after accrued sick leave, vacation and holiday time has been
exhausted. The City may require that the employee submit a certificate from a physician
periodically during the period of such disability.
9.6 Funeral/Compassionate Leave
An employee will be granted funeral or compassionate leave up to five (5) days with regular salary
in the event of death in the immediate family of the employee. Employee's immediate family shall
include: spouse, parents, children, stepchildren, brother, sister, mother-in-law, father-in-law,
maternal grandparents, and paternal grandparents. No deduction will be made from sick leave for
funeral leave. In extenuating circumstances, the Chief at his discretion can grant an extension of
time needed for compassionate or funeral leave. Whenever an extension is granted, the employee
shall be required to use accrued time other than sick leave for all hours outside the five (5) day
limitation contained herein.
9.7 Sick Leave Conversion at Retirement or Death
For Association members covered under PERS retirement, effective January 1,2004, there shall be
no payment of sick leave at death or retirement. In lieu of such payment, unused accumulated sick
leave shall be reported to PERS and credit shall be applied as provided by PERS.
Attachment 1
Page 13 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
If at any time it becomes unlawful for PERS to credit sick leave to an employee's retirement
benefit, or if the City is unable to add such coverage to the City's PERS agreement for Association
members, accumulated, unused sick leave shall be paid to the employee upon his retirement or
death, at the rate of 50% of the unused balance. In the event of the death of the employee, the
employee's accumulated sick leave shall be paid to his beneficiary. Such payment shall be made
regardless of the years of continuous service.
F or Association members covered by the City Retirement plan and not under PERS, accumulated,
unused sick leave shall be paid to the employee upon his retirement or death, at the rate of 50% of
the unused balance. In the event of the death of the employee, the employee's accumulated sick
leave shall be paid to his beneficiary. Such payment shall be made regardless of the years of
. continuous service.
9.8 Leave Credit Following Re-Employment
An employee, who is re-employed by the City following a layoff or an expiration of leave without
pay, shall have sick leave credits accrued during the previous employment restored.
9.9 Family and Medical Leave
An employee shall be allowed to utilize family and medical leave in accord with law.
9.10 Leave Donation
Members of the Association may request sick leave donation from other members of the
Association for non-work related absences due to serious health related problems. It is not intended
for situations in which the absence is discretionary, such as family or parental leave, in which the
health of the. employee or a dependent is not a factor. To be eligible for sick leave donation the
Association member must have exhausted all available paid leave benefits and must have applied
for:
Long term disability insurance (L TD) to bridge the period of leave after paid benefits are exhausted
and L TD insurance coverage commences; or
Family Medical Leave (FMLA) to cover anFMLA qualified leave, due to a serious medical
condition, which is anticipated to continue after pAid leave benefits are exhausted.
Process:
Leave Donations will be initiated by completing the leave donation form and submitting the form to
Human Resources. Human Resources will assist the employee seeking donation in completion of
L TD and/or FMLA forms as needed, and will assist with the request for donation. After
determination by Human Resources that the request is qualified, the Association president will be
notified and will disseminate the request to association members. A statement will be made in the
request for donation to contact a Human Resources representative if they wish to donate leave or if
more information is needed. Forms for leave donation will be provided by the Human Resources
department upon request by the donating employee.
Leave donations are made voluntarily and anonymously. Employees may donate accrued vacation
time, accrued holiday leave, up to a one month accrual of accrued sick leave per donation request,
or compensatory time. Once leave is donated and transferred to the receiving employee, it is
irrevocable. Employees may donate accrued vacation leave provided they are eligible to take
Attachment 1
Page 14 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
accrued vacation leave. Employees may donate up to 32 hours of sick leave per fiscal year
provided they have a balance of at least 360 hours of accrued sick leave at the time of donation.
The donated leave will be converted to a dollar amount based on the hourly salary of the person
donating the leave. This amount will then be converted back to hours based on the hourly salary of
the person receiving the leave.
Donations will be removed from the donators leave bank and credited to the sick leave bank of the
receiving employee as needed. Donated leave not transferred to the recipient within 90 days will be
returned to the donator.
Donations of vacation, compensatory time, and holiday leave will be used, as needed, on a fITst in,
first out basis. After all donated vacation, compensatory time, and holiday leave is exhausted,
donated sick leave will be used on a first in, first out basis. Under no circumstances will the use of
donated leave extend longer than 90 calendar days. Donations that are unused due to the
employee's return to work, the end ofFMLA qualified leave, or commencement ofLTD benefit
payments will not be removed from the donators leave bank. The employee making the donation
will be informed if the leave was not used.
ARTICLE 10 - OTHER LEAVES OF ABSENCE
10.1 Criteria and Procedure
The City will consider a written application for leave of absence without pay not to exceed 12
calendar months if the City finds there is reasonable justification to grant such leave and that the
work of the department will not be seriously handicapped by the temporary absence of the
employee. Such leave shall not be approved for an employee for the purpose of accepting
employment outside the service of the City; and notice that the employee has accepted permanent
employment or entered into a full-time business or occupation may be accepted by the City as a
resignation. Such leave may be granted at the sole discretion of the City.
10.2 Jury Duty
Employees shall be granted a leave with pay for service upon a jury; provided, however, that the
employee is required to seek all fees due him for such jury duty and turn said fees over to the City,
and upon being excused from jury duty for any day an employee shall immediately contact the
department head or other supervisor for assignment for the remainder of his or her regular workday.
The City shall attempt to accommodate employees called for jury duty to avoid scheduling
hardships. Accommodation measures may include shift trades, temporary shift reassignments, and
optional use of compensatory time, sick leave, or vacation time off.
10.3 Witness Appearance
Leave of absence with pay shall be granted for an appearance before a court, legislative committee,
judicial or quasi-judicial body as a witness for activities that arose out of employment with the
Springfield Police Department in response to a subpoena or other order by proper authority
compelling his attendance under penalty described by law including the time required for travel to
court and return to the employee's headquarters. (Travel time will be calculated from the
Springfield Police Department.) The leave is not available for friend-of-the-court appearances,
Association business, or personal matters.
Attachment 1
Page 15 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
10.4 Seminars and Workshops
Employees will attend workshops and seminars intended to upgrade the employee's skills and
professional ability, when ordered by the City. The employee may initiate a request to attend
workshops and seminars, subject to approval of the Police Chief, and the denial of such a request
shall not be grievable by any means. In the event that an employee's request for attendance is
denied, the employee may still attend such training, seminars and workshops, but will do so at no
cost to the City and providing attendance does not conflict with adequate personnel scheduli~g.
Employees ordered to attend job-related training and workshops, or course work, will do so at the
City's expense. The books and materials purchased by the City will remain in the departmental
library.
Employees attending seminars and workshops which fall on a scheduled workday(s) will be granted
a training day in lieu of they're normal workday. At no time will overtime be charged to the City in
granting training days.
10.5 Voting Leave
The City shall grant an employee reasonable time off to vote if the employee is unable to
reasonably do so either before or after their scheduled shift. This provision shall only be applicable
in the event Oregon' ~ ballot by mail regulations are rescinded and traditional voting site election
procedures are reinstituted.
10.6 Absence Without Leave
An employee who fails to return from a paid or unpaid leave of absence or is absent without leave
for three (3) calendar days shall be considered to have abandoned his/her job and treated as a
voluntary resignation unless the City determines to the contrary. Nothing herein precludes the City
from granting an extension of an approved leave of absence requested in advance of the expiration
by the employee.
ARTICLE 11 - EDUCATION AND TRAINING
11.1 Tuition Reimbursement
The City will reimburse an employee a portion of tuition for approved courses at an accredited
college or university as set forth below:
(a) For Property Clerk, Property Controller, Senior Police Records & Communications Specialist,
Police Records & Communications Specialist, Community Service Officer, Police Technical
Specialist, Police Dispatcher, Police Dispatcher Trainee, Police Secretary, and Court Security
Officer, tuition shall, for approved courses, be reimbursed at the rate of 50% for those courses
passed with a grade "C" or better. The reimbursement shall be for tuition only; other expenses
shall be the responsibility of the employee. Courses shall be approved for reimbursement based
on their relationship to career enhancement and development. Courses directed at personal
enhancement such as music, sculpture, vocational classes, et cetera, will not be approved for
reimbursement. Employees may, at their option, have courses pre":approved for reimbursement
by the Training Officer prior to enrollment.
Attachment 1
Page 16 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
(b) For Police Officers, the reimbursement shall be for tuition only; other expenses shall be the
responsibility of the employee.' Courses shall be approved for reimbursement based on their
relationship to career enhancement and development. Courses directed at personal
enhancement such as music, sculpture, vocational classes, et cetera, will not be approved for
reimbursement. Employees may, at their option, have courses pre-approved for reimbursement
by the Training Officer prior to enrollment.
Tuition for approved courses taken by Police Officers shall be reimbursed in accordance with
the following schedule:
GRADE EARNED
A
B
C
PERCENT AGE REIMBURSEMENT
100%
75%
50%
If the course is offered on a pass-fail basis only, the City shall reimburse the tuition at 100% of
the cost for employees earning a "pass" in the course.
11.2 Directed Training Reimburserrient
In the event that the City directs an employee to attend any formal training course, all tuition, books
and incidental fees will be paid in full by the City.
11.3 Education Incentive Pay
An employee who possesses a Bachelor of Arts of Bachelor or Science degree from an accredited
college or university shall be compensated at a premium of five percent (5%) of base pay if
otherwise qualified as determined annually by the Police Chief and as reflected on the performance
evaluation preceding the date on which the employee is otherwise qualified. As used in this
section, the phrase "if otherwise qualified" means that the employee has received a satisfactory
rating on the employee's last performance evaluation.
ARTICLE 12 - VACATION
12.1 Accrual
A regular employee shall be eligible for vacation time in accordance with the following schedule:
Years of Service
1-4
5-9
10 -14
15 - 19
20+
Bi- W eeklv Accru~l
3.693
4.616
5.539
6.462
7.385
Part-time employees earn vacation on a pro-rated basis based on their actual work hours as a
percentage of full-time hours.
Attachment 1
Page 17 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
12.2 Continuous Service
Time spent by an employee on paid military leave, sick leave resulting from an injury incurred in
the course of employment, and authorized leave shall be included as continuous service. Other
breaks in service shall result in a loss of continuous service for the purpose of vacation accrual
unless rehire occurs within 12 months of termination. An employee who terminates employment
with the City of Springfield and is rehired within 12 months of termination shall have prior
continuous service count towards years of service for purposes solely of accruing vacation. That
time shall not count for vacation selection, shift bidding, or any other seniority based purpose.
12.3 Accrual Limitations
Employees may accumulate a maximum of two years of vacation leave. No payment shall be made
for vacation time lost by an employee because of accrual limitations, unless the failure to take
vacation is caused by the City's insistence that the employee be at work during a scheduled
vacation period. In accordance with this section, the City shall establish and maintain a procedure
to notify an employee 30 days in advance of impending loss of accrued vacation time.
12.4 Vacation Selection
Employees shall be permitted to request vacation either on a split or an entire basis. Employees
shall have the right to determine the vacation times subject to scheduling required for public service
based upon the needs of an efficient operation, the availability of vacation relief, and the City's
right to so arrange scheduling that each employee has an opportunity ifhe/she chooses to use at
some time during the fiscal year the full amount of the vacation credit which he/she could
accumulate in 12 months of continuous service. Vacation time shall be selected on the basis of
seniority, provided, however, that each employee will be permitted to exercise his right of seniority
only once annually for one block of time. Thereafter, conflicting requests for the same vacation
time shall be resolved on the basis of prior scheduling.
12.5 Death or Termination
In the event of termination of an employee who is otherwise entitled to vacation credits, the
employee shall be entitled to payment for earned vacation leave. In the event of death, earned but
unused vacation shall be paid in the same manner as salary. Probationary employees shall not be
entitled to any payment for vacation credit.
ARTICLE 13 - PERSONNEL RECORDS
13.1 Location and Employee Review Rights
The City shall maintain personnel records in the Personnel Office for the proper administration of
the City's classification plan. Upon request, each employee shall have the right, with reasonable
notice to the City, to review their personnel file during t;lormal working hours. The employee may
have a copy of any information in the personnel file, however, the City reserves the right to charge
a duplication cost. The fees for duplication shall be set by the Finance Department but such fees
shall not be unreasonable.
Attachment 1
Page 18 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
'P
13.2 Signing
Each employee shall read and sign any derogatory material that is placed in his personnel file,
including merit ratings, written reprimand, demotions, suspensions or discharge. Signing does not
necessarily indicate agreement. Material of a derogatory or critical nature signed by the employee
shall bear the following statement next to the signature line:
"Signing Does Not Necessarily Indicate Agreement."
13.3 Staleness of Personnel Records
Written reprimand/warnings shall be deemed to be stale in an employee's personnel file after two
(2) years so long as no other disciplinary action occurs within that time period. A document that is
stale cannot be used for purposes of progressive discipline. In addition, employees shall have the
right to submit rebuttal material to any critical material contained in their personnel file.
ARTICLE 14 - DISCIPLINE AND DISCHARGE
14.1 Just Cause
No regular employee may be disciplined or discharged except for just cause.
14.2 Probationary Employees
A probationary employee, as defined in 17.4 New Employees, may be disciplined or discharged
without recourse to the grievance procedure.
14.3 Due Process
In the event the City believes an employee may be subject to discipline greater than.a written
reprimand, the following procedural due process shall be followed:
(a) The employee shall be notified of the charges or allegations that may subject them to discipline;
(b) The employee shall be notified of the disciplinary sanctions being considered;
(c) The employee will be given an opportunity to refute the charges or allegations either in writing
or orally in an informal hearing, which shall be scheduled no earlier than seven (7) days after
the employee is given notice of the charges and all documentation that may exist regarding the
allegations. However, the hearing need not be postponed due to a dispute over all of the
material being given to the employee.
(d) At their request, the employee will be entitled to be accompanied by a fellow employee or a
representative of the Association at the informal hearing.
14.4 Just Cause Standards
For the purpose of this agreement, just cause shall be determined in accordance with the following
guidelines:
Attachment 1
Page 19 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
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(a) The employee shall have warning of the consequences of their conduct, unless the conduct is of
such a nature that no prior warning is necessary in the eyes of a reasonable person.
(b) If a rule or order is the subject of the alleged misconduct, it must be reasonable and applied
evenhandedly, with variations allowed based on the actual situations of the alleged misconduct.
(c) The City must conduct a reasonable investigation.
(d) It must be determined that the employee is guilty of the alleged misconduct or act.
(e) The discipline must be appropriate and applied in an evenhanded manner based on the severity
of the misconduct or the actual or likely impact the misconduct has or would have on the
employer's operations.
(f) The employee's past employment record shall be considered, if appropriate, based on the
severity of the act.
ARTICLE 15 - SETTLEMENT OF DISPUTES
15.1 Procedure
Any dispute concerning the application, interpretation or enforcement of this Agreement shall be
resolved in the following manner and sequence:
Step 1 If, after fITst attempting to resolve the dispute informally with the employee's immediate
supervisor, the grievance remains unresolved, the affected employee(s) shall present the
grievance in writing to their immediate supervisor within ten (10) days immediately
following the date the employee had or should have had knowledge of the grievance,
whichever date is earlier. At this and each subsequent step of the grievance procedure, the
written grievance submitted by the Association or employee(s) shall include:
(a) a statement of the grievance .and the factual allegations upon which it is based:
(b) the sections(s) of this contract alleged to have been violated:
(c) the remedy sought; and
(d)' the name and signature of the individual(s) submitting the grievance.
Step 2 Within ten (10) days of receipt of the grievance the police "Management Team" will
schedule a meeting to give the grievant an opportunity to discuss the dispute with the
grievant. The "Management Team" shall render a written decision within ten (10) days
following the herein-referenced meeting. 1
Step 3 If the grievance is not resolved at Step 2 above and if the Association wishes to pursue the
grievance further,. it shall be presented to the City Manager in writing or orally within ten
1 The employee's "Management Team" shall consist of those supervisors that make up his/her supervisory
chain Sergeant, Captain and Chief. A representative from Human Resources may be present at any hearing
during the process.
Attachment 1
Page 20 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
~
(10) days of receipt of the "management team's" answer. The City Manager shall render a
written decision within ten (10) days of receipt of the grievance.
Step 4 If the grievance is not resolved at Step 3 above and if the Association wishes to pursue the
grievance further, the Association shall submit the grievance to arbitration by written notice
to the City Manager within ten (10) days following the date the City Manager's response at
Step 3 is due or received, whichever is earlier.
The parties may, prior to selecting an arbitrator, mutually agree to have the dispute mediated by 'the
State Conciliation Service.
Unless the parties mutually agree upon an arbitrator, the Association shall, within ten (10) days of
their notice to proceed to arbitration, submit a written request to the Oregon Employment Relations
Board, which will submit to the parties, a list of the names of seven (7) Oregon arbitrators that are
on the AAA list. Upon receipt of the list, the parties will determine by coin toss who shall strike
first, and shall then continue to alternate strike until only one name remains and the remaining name
shall be the arbitrator.
The arbitrator shall have no power to modify, add to or subtract from the terms of this Agreement
and shall be confined to the interpretation and enforcement of this Agreement. The arbitrator's
decision shall be in writing and shall be submitted to the parties within 30 days following the close
of the hearing. The arbitrator's decision shall be final and binding on the affected employee(s), the
Union and the City.
Either party may request the arbitrator to issue subpoenas but if issued, the cost of serving a
subpoena shall be borne by the party requesting the subpoena. Each party shall be responsible for
compensating its own witnesses and representatives during the arbitration hearing. The loser shall
pay the arbitrator's fees and expenses and the arbitrator, as part of the award, shall designate the
losing party for such purpose.
15.2 Time Limits
The parties to this Agreement shall be bound by the time limits contained in this article, 15.1
Procedure above. The grievance will be considered to have been presented or forwarded within the
time li.mits so long as it is received by the appropriate person within the time limits specified herein;
If either party fails to comply with or follow the time limits, the following shall result:
(a) If the grievant fails to respond within the time limits specified above, the grievance may not be
. pursued to arbitration, but may be processed through the grievance procedure where the City
Manager will bear final authority for resolution. Under this circumsta,.nce, the City Manager's
decision shall be final and binding.
(b) If the City fails to respond within the time limits specified above, the grievance shall
automatically be advanced to the next step.
15.3 Grievance File
All documents, communications and records dealing with the processing of a grievance shall be
filed in a separate grievance file and will not be placed in the personnel file unless it is a
disciplinary matter or the grievance is found against the employee.
Attachment 1
Page 21 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
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15.4 Meetings
A meeting shall be held at any level of procedure upon the mutual agreement of the parties. The
grievant may be accompanied at any grievance meeting by a representative of this choice, including
the bargaining agent, if so requested.
ARTICLE 16 - GENERAL PROVISIONS
16.1 Work Rules
The Association agrees that the City has the right to make r~asonable work rules, but in no case will
such work rules be promulgated or implemented which are inconsistent with this Agreement, or
until the Association has exercised or waived its right to bargain over changes in existing conditions
in accord with Oregon.law. The City agrees to provide a copy of the work rules to each employee
and a separate copy to the Association.
16.2 Posting of New Work Rules
The City agrees to post in a conspicuous location a copy of all new work rules seven (7) days prior
to their effective date except in emergency situations when such seven (7) day notice would not be
feasible.
16.3 Class Specifications
The City shall maintain written class specifications that shall include a title; nature of work; general
description of the duties; and minimum or desirable qualifications for the class. Job titles shall refer
to a specific position ora group of positions and not to an individual in the class. It is agreed that
the content of the class specification is not negotiable and that any changes made by the City in the
class specifications shall be forwarded to the Association.
16.4 Safety
The City shall comply with all applicable statutes, rules and regulations related to safety.
16.5 Uniform Allowance
The City agrees to provide required uniforms and equipment for employees in the bargaining unit.
The City agrees to repair or replace both personal and City-owned uniforms and equipment
damaged or destroyed on duty unless gross negligence can be shown on the part of the employee.
The repair or replacement of personal items shall not exceed reasonable costs, provided the City
will not pay for jewelry or more than $100 for watches. Eyeglasses shall be repaired or replaced in
accordance with the benefits provided by the City's workers' compensation insurance (reasonable
replacement value).
16.6 Personal Expense & Special Pay Allowances
Employees will receive an allowance in accordance with the following schedule which is
established based upon the parties' estimate of job-related expenses not otherwise provided for and
any special pay for assignments within the patrol division:
Attachment 1
Page 22 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
':!'
Schedule A
2% of the middle step of the salary range
Schedule B
2.5% of the middle step of the salary range
Schedule C
3 % of the middle step of the salary range
Schedule A includes: Property Controller, Property Clerk, Police Dispatcher, Police Dispatcher
Trainee, Community Service Officer, Police Records Clerk, Patrol Officer, and Court Security
Officer, Police Secretary.
Schedule B includes: Motorcycle and K-9 Officers.
Schedule C Includes: Investigation Bureau Officers or any other plain clothes assignment of at least
30 days duration.
Part-time employee expense allowances are based on the middle step of the part-time salary range
for that classification.
It is intended by the parties that a conversion from a flat dollar allowance to a percentage allowance
effectively removes this issue as a bargaining matter now and in the future because the allowance
will change automatically with the percentage formula.
16.7 Outside Employment
Outside employment shall be permitted so long as such employment:
(a) Does not conflict with the interest of City employment.
(b) Does not detract from the efficiency of the employee in hislher work with City.
(c) Does not discredit City employment.
Requests for outside employment shall be in writing and such requests will be made prior to
obtaining outside employment. Once an employee has terminated or temporarily suspended their
outside employment, he/she shall notify the City.
16.8 Shift Trading and Trading of Days Off
Shift trade and trading of days off between employees will be permitted upon approval by affected
supervisors so long as the affected supervisors are notified of the trade in writing, but in no case
will such approval be unreasonably denied. The City shall suffer no liability for overtime due to
such trades by the employees.
Attachment 1
Page 23 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
,f)
16.9 Parking
Parking spaces for private vehicles shall be made available in the municipal parking lot adjacent to,
and north of, the Public Safety Building in the area not otherwise reserved, on a frrst come/first
serve basis.
16.10 Special Events
In the event the City agrees to provide Police personnel for events in which it receives
compensation, it will allow Police Officers the opportunity to sign up for a minimum of two (2)
positions.
In the event the City agrees to provide Police personnel for events in which it receives
compensation, it will allow Police Officers the opportunity to sign up for a minimum of two (2)
positions. The sign-up list shall be posted so employees can sign up for the overtime based on their
classification seniority. School Resource Officers (SRO) may be granted the opportunity to sign up
for School related special events prior to the list being posted for all personnel. The sign-up list for
such activities will be removed five (5) days prior to the event. If no volunteers accept the
opportunity to sign up, the City may assign other personnel as ne'cessary, without consideration of
seniority.
16.11 Patrol Shift Overtime
The City will allow Association members to sign up for assignments to fill patrol shift shortages
based upon their classification seniority only if the City anticipates the patrol shift shortage at least
5 days in advance to the assignment. If the patrol shift shortage is identified less than five days
prior to the assignment, the City may post the patrol shift assignment for sign up on a first come
first serve basis. The sign up list will be removed two (2) days prior to the assignment. If no
volunteers accept the opportunity to sign up for the posted shift(s) before the list is removed, the
City may assign personnel as necessary without consideration of seniority. For purposes of this
section, "Patrol Shifts" include only shortages to regular patrol shifts, and do not apply to special
overtime assignments.
ARTICLE 17 - SENIORITY
17.1 Definition
Only regular employees shall have seniority. Seniority shall be achieved following completion of
.the probationary period and shall thereafter be established and accrue during the employee's job of
continuous service in the employee's job classification from the last date of hire into the bargaining
unit. Seniority shall be broken or terminated if an employee:
(a) Quits
(b) Is discharged for just cause.
( c) Is laid off and fails to respond to written notice as provided in 17.3 Notice of Recall
from Layoff Status.
(d) Is laid off work for a period of time greater than 25 months.
Attachment I
Page 24 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
(e) Fails to report for three consecutive workdays.
(f) While on a leave of absence, accepts employment without permission.
(g) Is retired.
Seniority shall apply in the matter of layoff, recall, and vacation and holiday selection. Employees
who are promoted from the bargaining unit, and who are thereafter returned to the bargaining unit
shall, upon their return to the bargaining unit, be credited with the amount of seniority they
accumulated while formerly a member of the bargaining unit or with three years of seniority,
whichever is less. Not withstanding the above provision, an employee who is promoted out of the
bargaining unit may be permitted to return to the bargaining- unit during the fITst year after
promotion out of the bargaining unit at management's discretion, and if permitted may do so
without loss of seniority.
17.2 Layoff and Recall
In the event of a layoff or recall, seniority shall govern, provided that the senior employee possesses
the demonstrated skill, ability, physical fitness and experience necessary to perform available and
budgeted work without additional training. Materials contained in each employee's annual
evaluation shall constitute the best evidence of skill and ability.
17.3 Notice of Recall from Layoff Status
Notice to an employee of recall from layoff status shall be made by certified mail sent to the last
address provided to the City by the employee. The employee shall have 14 days to return to work
from the date of receipt of mail notifying that employee of his recall from a layoff status or the
employee will forfeit all seniority.
17.4 New Employees
Every new employee hired into the bargaining unit shall serve a probationary period of one (1) year
from the date of employment or six months beyond the employee's date of graduation from the
Academy, whichever is longer. In no case shall the probationary period be longer than 18 months
from the date of employment due to time spent at the academy.
In the event a probationary employee is on leave from his/her job for more than thirty days (i.e.
FMLA, military leave, worker's compensation, etc), His/her probationary period will be extended
for a period of time equal to the leaves of absence in order to enable the employee to complete the
full probationary period. Use of vacation, compensatory time, sick leave, or holiday leave will not
be considered part of a leave of absence under this provision.
The Association recognizes the right of the City to terminate probationary employees for any
reason, with or without cause, and any such termination shall not constitute a violation of this
contract.
17.5 S'eniority List
The City shall maintain a list of all current employees within the bargaining unit and their
respective seniority, date of hire in bargaining unit and their date of entry into present class, social
security number, hourly rate, and present classification. The City agrees to update this seniority list
as reasonably required and to provide the list to the Association upon request.
Attachment 1
Page 25 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
17.6 Involuntary Transfer
Employees temporarily assigned out of the bargaining unit will retain all rights provided under the
agreement. The parties agree the City retains the right of assignment, but will solicit volunteers
first and will not involuntarily assign an E-Board member. The individual assigned to the
administrative sergeant position will not hold a position on the Association's executive board.
ARTICLE 18 - COMPENSATION
18.1 Salary Schedule
Effective July 1 of years 2008, 2009, and 2010, (Exhibit B Salary Schedule) the salary schedule for
all employ.ees shall be increased by the increase in the US CPI-W February to February with a
minimum of two percent (2%) and a maximum of five percent (5%). Effective July 1,2008,2009,
and 2010, the salary schedule for employees employed in the classification of Community Service
Officer IT shall be increased by an additional one percent (1 %).
18.2 Pay Practices
In most instances, employees shall be paid as per past practice. The City may modify its payroll
and accounting practices to compensate overtime on the next available payday, following the work
period in which the overtime is actually worked. When there is insufficient processing time
between the time the overtime is worke~ and the end of the pay period, the compensation will occur
in the following pay period.
18.3 Step Increases
Employees shall be entitled to step increases as provided, subject only to disapproval of such
increases by the Chief of Police due to unsatisfactory performance on the part of the employee.
Any disapproval shall continue until the employee receives a satisfactory rating.
18.4 Incentive Pay
After completion of probationary employment with the Department, Police Officers and
Dispatchers shall be eligible for incentive pay (Step 4 and Step 5) under the following conditions:
Step 4: DPST Intermediate Certificate and attendance of at least 15 hours of in-service training, if
provided by the Department. '
Step 5: DPST Advanced Certificate and attendance of at least 25 hours of in-service training, if
provided by the Department.
If such training is mandated outside regular work hours, then the overtime provisions of Article 6 -
Hours and Overtime shall apply.
18.5 Form of Compensation
Compensation for authorized overtime, call back and holiday work shall be paid unless
compensatory time is requested by the employee. Such compensatory time shall be earned at time
and one-half and may be accrued up to a maximum of 108 hours for sworn Stewart plan employees
Attachment I
Page 26 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
and 90 hours for all other SPA employees. At the end of the fiscal year, compensatory time left on
the books may be paid off at the employee's straight time rate. Compensatory time may be taken
upon the request of the employee, if the supervisor agrees, based on the operation needs of the
department.
18.6 Time Off Plan
A time off plan for employees will enhance morale and provide more desirable flexibility for both
the employer and the employee. If an employee works overtime in a particular work week, with the
permission of the supervisor the employee may take compensatory time at the rate of time-and-one-
half off in the same or another work week in either the same pay period or the 28 day work period,
or other FLSA 207(k) extended periods elected by the City. If time off is approved and, for any
reason, the compensatory time off is not taken, then the excess overtime shall be paid at the
overtime rate. The time off must be hours off to which the employee is not entitled and for which
the employee \yould not otherwise receive compensation. For example, the time off must not be a
holiday, vacation or regular time off.
18.7 Training
Police Officers, Dispatchers, and Police Records & Communication Specialists assigned the
responsibility of being Field Training Officers shall receive premium pay at the rate of five percent
(5%) in addition to their base salary while so acting.
18.8 Second Language Incentive
Employees who are qualified and able to speak Spanish at an intermediate equivalency level, and
who are available to provide assistance in on-duty situations where a Spanish language barrier
arises, will be granted a pay differential equal to 2.5% of the employee's baserate of pay.
Eligibility forthis differential will be determined upon established intermediate certification
equivalency criteria. In the event a regular need for such interpretive support for a language other
than Spanish is determined to exist by the City, this language differential may be extended to apply
to that language with similarly established eligibility criteria.
Article 18.9 - Pay Period
(a) Bi-Weekly Pay Period .
Beginning October 1, 2007 all members of the Association shall have time recorded and be paid on a 14-
day bi-weekly pay period. The fourteen day pay period will begin on Saturday at 2230 PM and end on
Saturday at 2229 PM. Time recorded for hours worked in a day will be recorded for the day in which the
regular shift was scheduled to begin. All compensable hours actually worked or taken as leave by
Employees regularly assigned to a 40 hour schedule shall be recorded for payroll purposes. All
compensable hours actually worked or taken as leave by Stewart Plan employees will be recorded for
payroll purposes.
(b) Smoothing in Biweekly Pay Periods
Pay smoothing is applicable only to Association members assigned to a "Stewart Plan" shift scheduled
covered by the partial overtime pay exemption allowed in Section 7(k) of the Fair Labor Standards Act
(Referred to herein as "7K Shift employees"). It is not applicable for Association members assigned as
Dispatchers.
"Pay smoothing" shall mean the methodology of deferring compensable hours from bi-weekly pay periods
with higher regularly scheduled work hours to pay periods with lower regularly scheduled work hours so
that 7K Shift employees will receive in most bi-weekly pay periods a consistent regular base "salary".
Attachment I
Page 27 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
Beginning October 1,2007 (10:30 PM on Sunday, September 30), pay smoothing will be applied for 7K
Shift employees as described in this section.
7K Shift employees are regularly scheduled to work one (1) bi-weekly period of 10 days (90 total hours),
one (I) bi-weekly period of9 days (81 total hours) and two (2) bi-weekly periods of8 days (72 total hoUrs)
during each 8 week cycle.
Wheneyer an employee is regularly scheduled to work 90 hours in a single bi-weekly pay period, the
employee will be compensated for 81 regular hours worked for that bi-weekly period and will have nine (9)
hours of regular compensable time deferred to a smoothing balance for the purpose of pay smoothing in a
subsequent period.
Whenever the employee is regularly scheduled to work 72 hours in a single bi-weekly pay period, the
employee will be compensated for 72 regular hours worked plus the deferred compensable hours in the
smoothing balance (normally 9 hours for every other 72 hour schedule) at the employee's base hourly rate,
for up to 8 I hours for that bi-weekly period. No hours will be deferred to the smoothing balance for bi-
weekly pay periods that are regularly scheduled for either 8 I hours or 72 hours.
Whenever the employee is regularly scheduled to work 72 hours in a single bi-weekly pay period and the
employee's available smoothing balance is not sufficient to increase the number of regular paid hours for
that bi-weekly period to 81 hours, the employee MAY ELECT to request the use of either holiday hours
balance or compensatory hours balance in an amount that would iricrease their regular hours paid to no
more than 81 hours for that pay period. If the employee does not have a sufficient balance of holiday or
compensatory leave hours to use in this way, or if the employee does not elect to apply them, the employee
will only be paid for actual hours worked in that pay period.
(c) Pay Smoothing Implementation for October 2007
Pay Smoothing for the ftrst 5 (five) bi-weekly periods beginning October 1,2007 shall be as follows:
1. 7K Shift employees will be regularly scheduled to work either ninety (90) hours, eighty.:one (81)
hours or one of two seventy-two (72) hour shifts each bi-weekly schedule pay period. The use of
the Stewart Plan schedule of five days of 9 hours working with three days off results in an 8 week
cycle (4 bi-weekly pay periods) before the pattern of the number of hours scheduled (90,81,72,72
or 90,72,72,81) repeats itself.
2. . Each employee will be compensated for actual hours worked, without smoothing, until such time
they are scheduled to work a regular hi-weekly schedule of 90 hours. Once the employee is
regularly scheduled to work a 90 hourbi-weekly schedule, the employee will have 9 hours
deferred to the smoothing balance for that pay period. This smoothing balance will then be applied
for the next time the employee is regularly scheduled to work a 72 hour bi-weekly schedule in
order to bring regular compensable hours up to 81 for the pay period, or within the following two
bi-weekly pay periods in order to payout hours with the legally required time frame of35 days.
3. During the initial transition from monthly to bi-weekly pay periods, if an employee is scheduled to
work a 72 hour biweekly schedule before being scheduled to work a 90 hour biweekly schedule,
the employee may elect to request the use of either holiday pay hours balance or compensatory
time hours balance in an amount that would increase their regular hours paid to no more than 81
hours for that pay period
The following is the schedule for hours to be worked for each shift rotation for the ftrst five (5)
weeks of bi-weekly payroll and the pay period for which use of the smoothing bank will begin:
1st 2nd 3rd 4th 5th
2-Week 2-Week 2-Week 2-Week 2-Week
5- Day Week Beginning Period ' Period Period Period Period
A. 10:30 PM 9/29 Hrs Worked 81 81 72 72 90
through 3 :00 PM Hrs Banked 0 0 0 0 9
9/30 Hrs Paid 81 81 72 72 81
Attachment 1
Page 28 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
B. 10:30 PM 9/30 Hrs Worked 90 72 72 81 90
through Hrs Banked 9 0 0 0 9,
3:00 PM 10/01 Hrs Paid 81 81 72 81 81
C. 10:30 PM 10/01 Hrs Worked 81 72 72 90 81
through Hrs Banked 0 0 0 9 0
3 :00 PM 10/02 Hrs Paid 81 72 72 81 81
D. 10:30 PM 10/02 Hrs Worked 72 72 81 90 72
through Hrs Banked 0 0 0 9 0
3 :00 PM 10/03 Hrs Paid 72 72 81 81 72
E. 10:30 PM 10/03 Hrs Worked 72 72 90 81 72
through Hrs Banked 0 0 9 0 0
3 :00 PM 10/04 Hrs Paid 72 72 81 81 72
F. 10:30 PM 09/26 Hrs Worked 72 81 90 72 72
through Hrs Banked 0 0 9 0 0
3 :00 PM 09/27 Hrs Paid 72 81 81 72 72
G. 10:30 PM 09/27 Hrs Worked 72 90 81 72 72
through Hrs Banked 0 9 0 0 0
3 :00 PM 09/28 Hrs Paid 72 81 81 72 72
H. 10:30 PM 09/28 Hrs Worked 81 90 72 72 81
through Hrs Banked 0 9 0 0 0
3 :00 PM 9/29 Hrs Paid 81 81 72 72 81
Note: Bold indicates the bi-weekly pay period in which hours will be deferred to the smoothing balance for
use in the next 72 hour pay period.
(d) Pay Smoothing for 6-Month Shift Change Requirement
Whenever a 7K Shift employee is scheduled to work less than 81 hours in a single bi-weekly pay period
due to the re-assignment of a shift change and the employee's available smoothing balance is not sufficient
to increase their regular pay for that bi-weekly period to 81 hours, the employee may elect to request the
use of either holiday pay hours balance or compensatory time hours balance in an amount that would
increase their regular hours paid to no more than 81 hours for that pay period.
ARTICLE 19 - WORKERS' COMPENSATION
The City provides Workers' Compensation benefits in accordance with State law for all employees
for injuries and illnesses arising out of and in the course of employment with the City. Benefits are
administered in accordance with Workers' Compensation law and administrative rules of the
Workers' Compensation Department. Complaints arising under provisions of Workers'
Compensation law or rule are not grievable but are to be addressed through procedures established
by the Workers' Compensation Department, State of Oregon, or its successor.
ARTICLE 20 - RETIREMENT
The City will amend the Retirement Plan to conform with the benefit levels and other terms
summarized in the attached table (Exhibit E) and described more fully in the attached
Memorandum of Agreement (Exhibit F).
Attachment 1
Page 29 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
Except for the changes described in the attached Memorandum of Agreement (Exhibit F), the
City will continue to participate in its present retirement program (the City of Springfield, Oregon
Retirement Plan) and ensure that such program is determined by the State of Oregon to be equal
to or better than the Oregon Public Employees Retirement System (PERS) as it applies to police
officers. Further, the present disability provisions of the Springfield retirement and long term
disability insurance programs shall be equal to or better than PERS provisions. The City will pay
the employee's account balance within one year after termination, retirement or death unless the
employee or (after death) beneficiary, if allowed, elects to defer distribution as provided in the
Retirement Plan as amended as described in the, attached Memorandum of Agreement (Exhibit F).
It is the mutual intent of the City and the Association to maintain benefit levels set forth in the
City Retirement Plan, as reflected in the Collective Bargaining Agreement effective July 1, 2006
through June 30, 2008, absent unforeseen and compelling reasons to change those benefit levels,
consistent with applicable law regarding the enforceability of retirement plans.
The City may select the carrier for the Retirement Plan as long as it does not change the plan
structure. All newly hired employees shall continue to be enrolled in the Oregon Public
Employees Retirement System Plans.
.
· City will ensure that its Retirement Plan is determined by the State of Oregon to be equal to
or better than PERS as it applies to police officers through adjustments to the City credit to
the plan and/or the credited interest rate.
· Present disability provisions and L TD disability insurance programs shall be equal to or
better than PERS provisions.
· The City will pay the employee's account balance within one year after termination,
retirement, or death unless employee, if allowed, elects to defer.
· City will credit accounts of active employees calculated to show a decrease in Present Value
of Future Benefits (PVB) to bring them to neutral change inPVB. Calculations will be
based on valuation of employee accounts based on agreement reached.
ARTICLE 21 - INSURANCE
21.1 Health and Dental Insurance
The City will provide comprehensive health insurance coverage which includes the Health
Incentive Plan (HIP) option with a benefit level that conforms to the Pacific Source plan in effect
on January 1,2004 or a substantially comparable program. The City will continue to provide a
comprehensive ODS equivalent dental insurance plan.
The City's obligation to fund premium payments for the selected medical plan and for dental
coverage shall be limited to 97% of the premium of the HIP plan plus 97% of the premium of the
City dental plan.l
1 The parties intend that the settlement of the 97/3% premium split is a resolution to the issue of the
association co-pay through June 30, 2009 unless unforeseen circumstances arise.
Attachment 1
Page 30 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
Each month an employee is enrolled in the Health Incentive plan (HIP) the City will contribute
$100 for single coverage or $200 for an employee with eligible dependents to a Health
Reimbursement Account (BRA). '
Association members shall pay any portion of the premiums for the selected medical plan or dental
plan for which the City is not obligated as set forth in this section through payroll deduction.
Part-time employees regularly scheduled to work twenty (20) or more hours per week are entitled to
medical insurance with the premium cost pro-rated on the ratio of hours worked to full-time hours.
The employee will be responsible for the difference in premium cost between the full premium and
the pro-rated amount paid by the City. At a minimum, eligible part-time employees enrolled in one
of the offered health insurance plans will receive a premium contribution, paid by the City that will
be no less than 100% of the City paid portion of premium for full-time employee-only medical
coverage and 50% to 75% of the City paid portion of premium for full-time eligible dependant
coverage.
21.2 Disability Insurance
The City shall continue to provide and maintain the current level of disability insurance at no cost
to the employee.
21.3 Life Insurance
The City shall provide the mandatory $10,000 life insurance coverage for police officers and, in
addition, shall provide a $20,000 term life policy for each employee. The City shall provide and
maintain the above benefits at no cost to the employee.
21.4 Optical Insurance
The City shall provide optical or vision coverage to full-time and eligible part-time members of the
bargaining unit as part of comprehensive health insurance coverage.
21.5 Carrier/Coverage
The City shall notify the Association of any change in the coverage or carrier. Any substantial
change in coverage shall be negotiated prior to implementation.
ARTICLE 22 - LEGAL FEES
The City agrees to reimburse an Association member for the reasonable, usual and customary legal
fees charged by an attorney as a direct result of criminal charges or a grand jury appearance against
the Association member in which the member is suspect in a criminal matter arising out of the
course and scope of the Association member's performance of his or her duty as an officer for the
City of Springfield. The City's obligation of reimbursement is subject to the following:
To receive reimbursement under this Article, the Association member must select an
attorney from a list of attorneys that has been mutually agreed upon by the Springfield
Police Association and the City Attorney. Neither party shall unreasonably oppose the
inclusion of an attorney on the list. Within sixty (60) days of the execution of this
Agreement, the Association shall submit to the City Attorney the names and professional
biographies of the attorneys the Association proposes for inclusion on the list. If the City
Attachment I
Page 31 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
Attorney does not object to an attorney on the list within twenty (20) wor1.<ing days, the
attorney shall be included on this list. The names on the list shall be reviewed every six (6)
months upon the request of either party. If no attorney on the list is available'to represent
an Association member, the Association member may obtain another attorney of his or her
choosing, however, the City's obligation to reimburse will arise only if the City Attorney
receives written notice of the selected attorney from the Association within three (3)
calendar days of the Association member or Association learning of the lack of availability
of an attorney from the predetermined list. Following the initial meeting between the
Association member and the attorney, the Association shall arrange for the attorney to
provide the City, at no cost to the City, a preliminary estimate of the anticipated legal fees,
costs and expenses. This preliminary estimate shall be directed to the City Attorney, the
Chief of Police, and the Association.
Before becoming obligated under this Article, the City shall be presented with a sworn affidavit by
the attorney listing an hourly breakdown of the time spent and a brief description of the purposes of
such time. The attorney shall account for and value time at the attorney's most favorable rate, not
to exceed $150.00 per hour. If the City, in its discretion, feels the charges exceed the reasonable,
usual and customary fees normally charged, the parties shall submit the matter to the Oregon State
Bar Fee Arbitration program for resolution. The decision of the OSB fee arbitrator or arbitration
panel shall be final and binding as to the City's obligation under this Article. Under no
circumstances shall the provisions of this Article give rise to a claim .of any sort against the City by
the attorney retained or selected by the Association member.
Reimbursement will not be made in those instances where:
1. The Association member was not performing within the course and scope of his or
her duties as an officer of the City of Springfield;
2. The Association member is convicted by verdict or plea, or pleads no contest to
any criminal charges arising out of the incident;
3. The Association member is demoted, suspended for five or more work shifts, or
terminated based upon the Association member's actions which formed any part of
the basis for the possible criminal liability unless the Department's disciplinary
action is set aside in total on grievance appeal;
4. the Association Member resigns his or her employment with the City for any
reason;
5. The City shall have no obligation to,reimburse an Association member, the
Association or counsel for the Association for costs or legal fees in any instance
where the Association member or the Association elect to have counsel for the
Association represent the Association member involved in the incident at any stage
of the criminal proceeding, including, but not limited to, any grand jury
proceeding;
6. The City shall have no obligation to reimburse an Association member, the
Association, or counsel for the Association for costs or legal fees associated with
representation at pre-disciplinary procedures; or
7. The City shall have no obligation to reimburse an Association member, the
Association, or counsel for the Association for fees associated with representation
at or in conjunction with the filing of a civil claim except in accordance with the
Oregon Tort Claims Act.
Attachment 1
Page 32 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
Any reimbursement required by the City shall be made only at the conclusion of all criminal and
disciplinary proceedings against the Association member relating to or arising out of the incident
and are subject to the following monetary maximums:
· Legal fees relating to a grand jury investigation and/or appearance: shall
not exceed $5,000. .
· Legal fees relating to post-grand jury indictment or other charging
instrument: shall not exceed $10,000.
. Total legal fee reimbursement: shall not exceed $15,000.
ARTICLE 23 - STRIKES AND LOCKOUTS
23.1 No Strike
The Association and its members guarantee that they will not initiate, cause, permit, or participate
or join in any strike, work stoppage, or work slow-down, or other interruption of City services.
Employees in the bargaining unit, while acting in the course of their employment, will not honor
any picket line established by the Association or by any other labor organization when called upon.
to cross such picket lines. In an event of a strike, work stoppage, slow-down, observance of a
picket line, or other restriction of work in any form, either on a basis of individual choice or
collective employee conduct, the Association will attempt to secure an immediate and orderly
return to work. This obligation and obligations set forth above shall not be effected or limited to
the subject matter involved in the dispute giving rise to the work action or by whether subject
matter is or is not subject to the grievance procedures of this Agreement. Violation of this section
may subject members to disciplinary action.
23.2 No Lockout
There shall be no lockout of employees by the City as a consequence of any dispute arising during
the period of the Agreement.
ARTICLE 24 - SAVINGS CLAUSE
If any provision of this Agreement is or becomes in contravention of the laws or regulations of the
United States or State of Oregon, the provision shall be suspended by the appropriate provision of
the law or regulation so long as it is in force and effect, but all other provisions in this Agreement
shall continue in full force and effect. The provision being in contravention such laws or
regulations shall be re-negotiated by the parties in order that there will be no such contravention.
ARTICLE 25 - TERM
25.1 Duration
This agreement shall be effective as of July 1~ 2008 and shall remain in full force and effect through
June 30, 2011, or until a new agreement is ratified or implemented by an arbitrator's decision.
Negotiations for the successor agreement shall commence on or before November 1,2010.
Attachment 1
Page 33 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
ARTICLE 26 - EXECUTION OF AGREEMENT
day of
, 2008.
Executed this
For the City:
For the Association:
City Manager
President
Police Chief
Secretary
Human Resources Director
Attorney for Association
Attachment 1
Page 34 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT A - STEWART PLAN
In adopting the partial overtime pay exemption allowed in Section 7 (k) of the Fair Labor Standards
Act. Association members assigned to uniformed police patrol duties shall be scheduled for work
in accordance with the "Stewart Plan." The Plan uses a 24-day work period, consisting of 3, 8-day
work weeks as follows: 5 consecutive workdays of 9 hours each, followed by 3 consecutive days
off. Days off will advance 1 day in each calendar week due to the nature of the 8-day workweek.
The 24 day work period begins at 10:30 p.m. on July 1,2003, and ends at 10:30 p.m. 24 days later,
at which time a new 24-day work period begins. This 24 day period will continue to recycle. All
members of the Stewart Plan are on the same 24 day work period.
The Stewart Plan relates only to work scheduling and shall have no effect upon the accrual rates of
vacation time, sick leave, holiday hours or other benefits. Overtime compensation and
compensatory time (other than court or callback overtime) shall not be earned, by virtue of a work
assignment under the Stewart Plan, on any day when hours worked do not exceed 9, unless total
hours worked in the 24 day work period exceed 147. Any overtime earned for hours worked
beyond 147 in the 24 day work period will be paid only if such time exceeds the number of hours' of
court or callback overtime paid during the same work period. Under no circumstance will overtime
be paid more then once for the same hours worked in a given pay period, either in the form of
overtime payor compensatory time. All benefits shall accrue or be accounted for in the manner
described in the collective bargaining agreement (based upon an 8-hour day, 5-day work week,
2080-hour work year, and the level of benefits stated.)
Employees affected by the Stewart Plan will accrue 1.04 hours of training pay per bi-weekly period
beyond their normal pay. Each member scheduled under the Plan shall attend up to 27 hours of
training sessions per calendar year, as scheduled by the City, without further compensation.
Attachment 1
Page 35 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT B - STEWART PLAN FOR DISPATCHERS
Association members assigned as Dispatchers shall be scheduled for work in accordance with the
"Stewart Plan." The plan is an eight week cycle consisting of five (5) weeks of36 hour work weeks
followed by three (3) weeks of45 hour work weeks as follows: Five (5) consecutive workdays
consisting of nine (9) hours each, followed by three (3) consecutive days off. The work week
begins on Saturday at 2230 hours and ends the following Saturday at 2229 hours. All Dispatchers
are on the same work week for purposes of determining overtime compensation in accordance with
the Fair Labor Standards Act (FLSA). Actual hours and days offwill vary by individual dispatcher.
The Stewart Plan relates only to work scheduling and hourly pay. All other benefits shall accrue or
be accounted for in the manner described in the collective bargaining agreement (based on an 8
hour day, 5 day work week, 2080-hour work year, and the level of benefits stated).
. The following rules shall apply:
1. All Police Dispatchers will be paid based on an hourly rate. There will be two rates of
compensation for purposes of computing overtime compensation. Rate A will be the
employee's rate including consideration of scheduled overtime compensation. Rate B will
be computed using rate A and adjusting it to remove consideration of scheduled overtime
compensation. All straight time hours will be paid using rate B. See Exhibit C for rates
and exhibit D for the formula to calculate rate B.
2. When a Police Dispatcher works over 40 hours in a work week all regularly scheduled shift
hours worked over 40 will be compensated as overtime based on rate B. Hours worked
outside regularly scheduled shifts as defined in Article 6.8 will be paid at overtime based
on rate A. Overtime will not be earned for shift trades in accordance with article 16.8 of
the bargaining agreement. Under no circumstances will overtime be paid more than once
for the same hours worked in a given pay period. Overtime compensation may be taken in
the form of overtime payor compensatory time. Any overtime worked which would result
in a compensatory time balance in excess of 90 hours, will be paid out as overtime pay on
the next regularly scheduled pay check.
3. During the weeks that Dispatchers are scheduled to work less than 40 hours, they may
request that compensatory time be used to bring their paid hours up to 40 hours. Upon
request, other time banks, excluding sick time, may be used for this purpose if
compensatory time has been exhausted.
4. Each Dispatcher will be afforded the opportunity to earn a minimum of27 hours of training
time each calendar year. Training approved and attended will be treated as hours worked
and will be paid as straight time unless the time is eligible for overtime pay in accordance
with the FLSA. Training time will be considered the same as regularly scheduled shift time
for the purpose of Article 6.8 (Overtime).
5. Training time, which is not designated as mandatory, will be considered voluntary and
Police Dispatchers may choose to attend. Individuals may request approval for outside
training in lieu of non-mandatory Department scheduled training. Denial of outside
training will not be subject to the grievance process. Responsibility for attending training
beyond the 12 hours of annual State required training rests with each individual Dispatcher.
Training time which qualifies for overtime pay under the FLSA will count as 1.5 hours of
training time, for every hour of training attended, toward the annual 27 hours of authorized
Attachment 1
Page 36 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
training. Total training hours paid shall not exceed the 27 hour annual authorization, unless
pre authorized by police management.
Attachment 1
Page 37- Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT C - SALARY SCHEDULE (as of October 1, 2007)
rrITLE Step 1 Step 2 Step 3 Step 4 Step 5
Community Services Officer 1 16.111 16.917 17.762 18.646 19.577
Community Services Officer 2 16.878 1 7.731 18.615 19.546 ~0.524
Court Officer 19.984 21.025 22.151
Police Dispatcher 19.094 20.060 21.026 22.076 [23.180
Police Officer 122.151 24.583 26.572 ~7 .902 ~9.303
Police Property Clerk 15.939 16.729 17.559 18.435 19.342
Police Records & Communications
Specialist 16.111 16.917 17.762 ' 18.646 19.577
Police Secretary 15.186 15.953 16.704 17.550 18.443
Police Technical Specialist 20.821 ~ 1.885 Q2.973 121.139 25.313
Property Controller 19.984 [21.151 ~2.151
Police Records Clerk, Senior 16.878 1 7.731 18.615 19.546 20.524
Attachment I
Page 38 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT D - DISPATCHER PAY RATE CALCULATOR
Example
Current Annual Rate = Hourly Rate x 2080
$20.21
x
2080 I $42,036.8~
Average # scheduled Hours = 2053
Hours available for training =
Total Hours to be worked/scheduled =
2053
27
2080
Average FLSA OT Hours Scheduled =
Mult OT by 1.5 =
97.5
1.5
146.25
Average Straight Time Hours worked =
Add Training Hours (assume straight time) =
Total Straight Time Paid
Add OT Hours Paid
Total Straight Time Paid
1950
27
1977
146.25
2123.25
-Annual Rate
Divide by Total ST Paid =
New Hourly Rate for Scheduled Time =
$42,036.80
2123.25
$19.80 II
Straight time hours scheduled =
New Hourly Rate
Straight time Wages =
Overtime Scheduled =
New Scheduled OT Rate =
Overtime Wages =
1977
$19.80
$39,141.29
97.5
$29.70
$2,895.51
Total Annual Wages
I $42, 036. 8~
Attachment 1
Page 39 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT E
CITY OF SPRINGFIELD RETIREMENT PROPOSAL SUMMARY
City Proposal
Plan Element Currently Effective 7-1-06
City-funded Contribution To 2.3% sworn 12.8% sworn retroactive to
Employer Contribution 8/1/05,
Account 10% dispatchers & property 10% dispatchers & property
controllers controllers
7% other 7% other
City-funded Contribution To
Pick-up Account
· Traditional 60/0 6.0% 6.0%
employee contribution,
funded by the City
· Additional employer 1.0% 0% retroactive to 8/1/05
contribution
Pick-up Accounts will be
renamed Employer. Additional
Contribution Accounts
Voluntary Contributions Yes No
Termination before age 50-
remove by one year after
termination
Assets Must be Removed April 1 following the year of Termination on or after age
from Plan age 70 ~ 50-remove by five years
after termination,
6% interest years 2 and 3,
4 % interest years 4 and 5
9% up to 1 year after
Interest 9% termination, 6% for years 2
and 3 after termination at age
50+,4% for years 4 and 5 after
termination at age 50+
Attachment I
Page 40 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
EXHIBIT F
MEMORANDUM OF AGREEMENT
ARTICLE 20
This Memorandum of Agreement is entered into between the. City of Springfield,
hereinafter referred to as the "City," and the Springfield Police Association, hereinafter
referred to as the "Association," for the term beginning July 1, 2006, through June 30,
2008. The City and the Association agree that the City will amend the City of
Springfield, Oregon Retirement Plan to make the changes described in paragraphs 1
through 6 below. As used in this Memorandum of Agreement, "member of the
Association" means a person included in the collective bargaining unit represented by the
Association. To the extent other terms used in paragraphs 1 through 6 below are defined
terms under the Retirement Plan, those definitions shall apply to this Memorandum of
Agreement.
1. City-Funded Credits. The City will amend the Retirement Plan to make the
following changes to City-funded credits to Participants' Accounts:
a. Employer Contribution Accounts. 12.8% of Monthly Earnings (instead of
the present additional percentage required to satisfy the "equal to or better
than" test) will be credited to each Public Safety Employee's Employer
Contribution Account. (Credits to the Employer Contribution Accounts as
a percentage of Monthly Earnings for Participants who are not Public
Safety Employees will continue as now provided in the Retirement Plan,
which is 10% of Monthly Earnings for a full-time Employee who is a
Police Dispatcher or Property Controller and 7% of Monthly Earnings for
a full-time Employee who is not a Public .Safety Employee, Police
Dispatcher, or Property Controller.)
b. Pick-up Accounts. Pick-up Accounts will be renamed as "Employer
Additional Contribution Accounts," to clarify that they are not "pick-up
contributions" as defined under Internal Revenue Code Section 414(h)(2).
The City will credit 6% of MontWy Earnings to each Participant's
Employer Additional Contribution Account, in place of the 7% currently
credited to Pick-up Accounts.
c. Compensating Credits. As provided in paragraph 5 below, additional
amounts will be credited to the Employer Additional Contribution
Accounts of certain Participants to offset the changes described in this
paragraph 1 and in paragraphs 2 through 4 below.
The changes described in this paragraph 1 apply only to a Participant who is an
employee of the City and a member of the Association on or after July 1, 2006,
and, for such a Participant, apply to compensation paid for payroll periods
beginning on or after August 1, 20~5.
Attachment 1
Page 41 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
2. No More Voluntary Contributions. The City will amend the Retirement Plan to
make the following change to voluntary contributions:
Participants may make no voluntary contributions to the Retirement Plan after the
later of (i) June 30, 2006, and (ii) the payday for the first payroll period that
begins after the effectuation of the Retirement Plan changes described in Article
20, as clarified through this Memorandum of Agreement, pursuant to an
agreement of the parties. For this purpose, a voluntary contribution to the
Retirement Plan after June 30, 2006 includes a voluntary contribution for the
payroll period ending June 30, 2006.
The change described in this paragraph 2 applies only to a Participant who is an
employee of the City and a member of the Association on or after July 1, 2006.
3. Date to Distribute Accounts. The City will amend the Retirement Plan to make
the following changes to the date by which Accounts must be distributed:
a. Severance Before Age 50. Except as provided in subparagraphs 3.c or 3.d
below, any Participant whose Severance of Employment occurs before age
50 and who has a fully vested interest in the Participant's Employer
Contribution Account may continue to elect to defer distribution of the
Participant's Accounts under the terms now provided in the Retirement
Plan, but only until the first anniversary of the Participant's Severance of
Employment, by which anniversary the Participant's Accounts must be
distributed.
b. Severance On or After Age 50. Except as provided in subparagraphs 3.c
or 3.d below, any Participant whose Severance of Employment occurs on
or after age 50 and who has a fully vested interest in the Participant's
Employer Contribution Account may continue to elect to defer distribution
of the Participant's Accounts under the terms now provided in the
Retirement Plan, but only until the fifth annual anniversary of the
Participant's Severance of Employment, by which anniversary the
Participant's Accounts must be distributed (unless earlier distribution is
required by the Retirement Plan's "required minimum distribution" rules,
now in Sections 10.7. and 10.8.).
c. Beneficiaries. Upon the death of any Participant, the Participant's.
Accounts will be distributed as soon as administratively practicable, but
no later than 'one year after the Participant's death, except that the
surviving spouse of a Participant who has died on or after age 50 may
continue to elect to defer distribution under the terms now provided in the
Retirement Plan, but only until the fifth annual anniversary of the
Participant's Severance of Employment, by which anniversary the
Participant's Accounts must be distributed (unless earlier distribution is
required by the Retirement Plan's "required minimum distribution" rules,
now in Sections 10.7. and 10.8.).
Attachment 1
Page 42 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
clarified through this Memorandum of Agreement, pursuant to an agreement of
the parties.
5. Additional City-Funded Credits To Offset Changes Described in Paragraphs 1
Through 4 Above. The City will amend the Retirement Plan to provide for credits
to the Employer Additional Contribution Accounts of certain el~gible Participants,
as follows:
a. Participants Who - Are Eligible. A. Participant is eligible for the credit if
the Participant is an employee of the City and a member of the
Association on July 1, 2006, and the changes to the Retirement Plan
described in paragraphs 1 through 4 above reduce the present value of the
Participant's benefits (excluding the tax remedy1), - as determined by the
Plan's actuary (see subparagraph 5.b below).
b. Potential Credit Amount. The Potential Credit Amount will be the amount
of the reduction in value, if any, described in subparagraph 5.a above.
This amount will be determined, as of July 1, 2006, by the actuary for the
Retirement Plan. The actuary will use the, assumptions in the actuarial
valuation as of July 1, 2003 (e.g. salary scale, mortality assumption, 8%
interest rate for discount, etc.) However, with respect to the projected
distribution date, the City is evaluating two options for that assumption:
1. A distribution date based on the assumptions in the July 1,
2003 actuarial valuation; or
11. A distribution date based on the average years of service for
Participants in the Retirement Plan.
Notwithstanding the two options stated above, the actuary will not assume
a distribution date of less than five years from July 1, 2006. The actuary
will also assume that no voluntary contributions will be made by a
Participant after June 30, 2006, and that no further credits will be made to
a Participant's Accounts after the projected distribution date.
c. Crediting the Potential Credit Amount and Interest. 1/5 of the Potential
Credit Amount with respect to a Participant who is eligible for the credit
will be credited to the Participant's Employer Additional Contribution
Account as of June 30 of each of 2007, 2008, 2009, 2010, and 2011,
except that this credit as of any June 30 will be made only if the
Participant is (i) an employee of the City, (ii) a member of the
Association, and (iii) not employed by the City in a position eligible for
membership in PERS on that date. The amount of this credit as of any
1 The City agrees that the Retirement Plan's tax remedy will be paid on the benefit provided
under this paragraph 5 to the same extent the tax remedy is paid on other benefits provided by the
Retirement Plan.
Attachment 1
Page 44 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
d. Disability Credits. The changes described in subparagraphs 3.a, 3.b, and
3.c of this Memorandum of Agreement do not apply to any Participant's
Accrued Benefit attributable to credits under Section 5.1.c of the
Retirement Plan and the credited rate of return thereon.
,The changes described in this paragraph 3 apply only to a Participant who is an
employee of the City and a member of the Association on or after July 1, 2006.
4. Rate of Return To Credit To Accounts. The City will amend the Retirement Plan
to change the rate of return credited to Accounts from the present 9% per annum
to the applicable rates provided in this paragraph 4. This paragraph does not
otherwise change the rules under the Retirement Plan for determining the amount
of return to credit to Accounts.
a. Account Balance--Until One Year After Severance. Accounts will
continue to be credited with a rate of return of 9% per annum. This credit
will cease at the end of the last full calendar month that precedes the first
anniversary of the Participant's Severance of Employment.
b. Starting One Year After Severance--for Severance Before age 50. For any
Participant whose Severance of Employment occurs before age 50, the
Participant's Accounts will be credited with a rate of return of 0% per
annum beginning on the first day of the calendar month that includes the
first anniversary of the Participant's Severance of Employment. For"
example, if a Participant's Severance of Employment occurs on July 28,
2007, and before age 50, the rate of return credited to the Participant's
Accounts will be 0% per annum beginning on July 1,2008.
c. Starting One Year After Severance--for Severance On or After age 50.
F or any Participant whose Severance of Employment occurs on or after
age 50, the Participant's Accounts will be credited with a rate of return of
(i) 6% per annum beginning with the calendar month that includes the first
anniversary of the Participant's Severance of Employment and continuing
for the next 23 calendar months, (ii) 4% per annum for the next 24
calendar months, and (iii) 0% per annum thereafter. For example, if a
Participant's Severance of Employment occurs on July 28, 2007, and on or
after age 50, the rate of retUrn credited to the Participant's Accounts will
be 6% per annum from July 1,2008 through June 30, 2010; 4% per annum
from July 1, 2010 through June 30, 2012; and 0% per annum for all
periods after June 30, 2012.
The changes described in this paragraph 4 apply to the credited rate of return for
periods after June 30, 2006. However, the changes described in this paragraph 4
apply only to a Participant who is an employee of the City and a member of the
Association on or after July 1, 2006. Furthermore, the changes in this paragraph
do not apply to any part of an Account that is distributed before the 10tli day after
the effectuation of the Retirement Plan changes described in Article 20, as
Attachment 1
Page 43 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association
~
"
~
~c,
June 30 will be increased by 8% interest per annum, compounded
annually, from July 1, 2006, to the June 30 for which the credit is made.
F or example, assume that the Potential Credit Amount for a Participant is
$5,000 and that the Participant is an employee of the City and a member
of the Association at all times from July 1, 2006, through September 30,
2009. On October 1, 2009, the Participant ceases to be a member of the
Association. Under this paragraph 5, the Participant's Employer
Additional Contribution Account will be credited with $1,000 as of June
30th of 2007, 2008, and 2009, but not thereafter. Also, under this
paragraph 5, the Participant's Employer Additional Contribution Account
will be credited with interest of $80 as of June 30, 2007, $166.40 as of
June 30, 2008, and $259.71 as of June 30, 2009, but not thereafter.
6. Benefit Increases To Satisfy ETOB Requirement. In the event that an actuary for
the Oregon Public Employees Retirement Board informs the City that the
Retirement Plan will fail to comply with the requirements of ORS 237.620(4)
unless the City provides increased retirement benefits, the City may provide the
increased retirement benefits by: (i) increasing the credited rate of return on any
part of one or more Accounts in the Retirement Plan, (ii) increasing City-funded
credits, other than the credited rate of return, to one or more Accounts in the
()
Retirement Plan, or (iii) a combination of both~ The City will amend the
Retirement Plan to reflect this determination by the City.
Executed this _ J _day of _1I/fJ1J~_, 2004
For1! ./JA
For the Association:
City Manager
~~
, resident,
;\;.~'<;
~,
'-.
Secretary
/
Attorney for the Association
Page 45 - Collective Bargaining Agreement between the City of Springfield and the Springfield Police Association