2021-2025 Officers and Sergeants Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN BLUEGRASS FRATERNAL ORDER OF POLICE, LODGE NO. 4 AND LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT POLICE OFFICERS AND SERGEANTS UNIT July 1, 2021 – June 30, 2025 TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE PREAMBLE................................................................................................................................. 1 ARTICLE 1 RECOGNITION..................................................................................................... 1 ARTICLE 2 SUBORDINATION AND DEFINITIONS............................................................ 2 ARTICLE 3 L.F.U.C.G. RIGHTS............................................................................................... 2 ARTICLE 4 NON-DISCRIMINATION..................................................................................... 3 ARTICLE 5 STRIKES, WORK STOPPAGES, SLOWDOWNS, AND LAYOFFS................. 4 ARTICLE 6 LODGE SECURITY.............................................................................................. 6 ARTICLE 7 LODGE BUSINESS............................................................................................... 8 ARTICLE 8 POLICE DEPARTMENT SENIORITY............................................................... 11 ARTICLE 9 ASSIGNMENTS................................................................................................... 13 ARTICLE 10 PROMOTIONAL VACANCIES.......................................................................... 20 ARTICLE 11 GRIEVANCE PROCEDURE............................................................................... 26 ARTICLE 12 DEPARTMENT ORDERS AND STANDARD OPERATING PROCEDURES 30 ARTICLE 13 CONDITIONS OF EMPLOYMENT................................................................... 31 ARTICLE 14 HEALTH AND SAFETY..................................................................................... 32 ARTICLE 15 DISCIPLINARY PROCEDURES AND BILL OF RIGHTS............................... 35 ARTICLE 16 PERSONNEL FILES........................................................................................... 49 ARTICLE 17 RESIDENCY........................................................................................................ 51 ARTICLE 18 MILITARY LEAVES........................................................................................... 51 ARTICLE 19 LEGAL PROTECTION........................................................................................ 52 ARTICLE 20 COURT PAY........................................................................................................ 53 ARTICLE 21 OVERTIME.......................................................................................................... 54 ARTICLE 22 ACTING PAY...................................................................................................... 55 ARTICLE 23 PAID AND UNPAID LEAVES........................................................................... 55 ARTICLE 24 SICK LEAVE....................................................................................................... 58 ARTICLE 25 BEREAVEMENT LEAVE................................................................................... 60 ARTICLE 26 LEAVE OF ABSENCE WITHOUT PAY........................................................... 61 ARTICLE 27 MODIFIED DUTY............................................................................................... 61 ARTICLE 28 DEATH IN THE LINE OF DUTY....................................................................... 65 ARTICLE 29 HEALTH INSURANCE....................................................................................... 65 ARTICLE 30 CLOTHING AND EQUIPMENT ALLOWANCES........................................... 67 ARTICLE 31 LIFE INSURANCE.............................................................................................. 68 ARTICLE 32 TUITION BENEFIT............................................................................................. 68 ARTICLE 33 PERSONAL PROPERTY REIMBURSEMENT................................................. 69 ARTICLE 34 PHYSICAL FITNESS.......................................................................................... 70 ARTICLE 35 VEHICLES........................................................................................................... 70 ARTICLE 36 SHIFT START TIMES AND SHIFT DIFFERENTIAL...................................... 71 ARTICLE 37 EDUCATION INCENTIVE PAY........................................................................ 72 ARTICLE 38 SPECIAL DUTY.................................................................................................. 72 ARTICLE 39 SALARY SCHEDULE......................................................................................... 73 ARTICLE 40 MEMBER SCHEDULE....................................................................................... 74 ARTICLE 41 CRITICAL INCIDENTS...................................................................................... 75 ARTICLE 42 MISCELLANEOUS............................................................................................. 76 ARTICLE 43 ENTIRE AGREEMENT....................................................................................... 76 ARTICLE 44 TERM................................................................................................................... 76 APPENDIX 1 DRUG AND ALCOHOL POLICY...................................................................... 79 APPENDIX 2 COOPER NORMS................................................................................................ 91 APPENDIX 3 SALARY SCHEDULES.................................................................................... 101 APPENDIX 4 SICK LEAVE BANK PROGRAM.................................................................... 102 PREAMBLE THIS COLLECTIVE BARGAINING AGREEMENT, entered into this 18th day of November, 2021, by and between Lexington-Fayette Urban County Government (hereinafter "L.F.U.C.G."), and Bluegrass Fraternal Order of Police, Lodge No. 4 (hereinafter the "Lodge"), by which said parties hereby agree upon the terms and conditions as hereinafter set out, concerning wages, hours and working conditions of certain employees of the Lexington Police Department, which will be referred to as “Police Department” in this agreement. ARTICLE 1 RECOGNITION Section 1. Pursuant to KRS 67A.6901 et seq., L.F.U.C.G. recognizes the Lodge as the exclusive collective bargaining representative of its sworn, non-probationary police officers holding the positions of Officer and Sergeant in the Police Department. Non-sworn personnel, including police trainees or recruits, and sworn officers during their initial probationary periods, and sworn personnel in grades other than Officer and Sergeant, are not included in this recognition. Section 2. The Lodge recognizes the Mayor's representative and designee as the sole representative of L.F.U.C.G. for the purposes of collective bargaining negotiations. Section 3. As used in this Agreement, unless specified otherwise, the term "Members" refers to sworn employees of the Lexington Police Department holding the grades of Police Officer and Sergeant, who have completed their initial probationary period. Section 4. L.F.U.C.G. and the Lodge shall bargain promptly upon request by the other side and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation. 1 Section 5. Every police officer shall serve an initial probationary period of eighteen (18) months from hire date as Police Trainee. The probationary period may be extended twice in ninety (90) day increments for a total of an additional six (6) month period. The Chief, or Bureau Assistant Chief, shall notify the Police Trainee in writing stating the specific reasons for the extension prior to any such extension. In extraordinary circumstances, the probationary period may be extended beyond six (6) months if requested by the Police Trainee and agreed to by L.F.U.C.G. In cases of military leave, disability leave, sick leave, or modified duty, the total of which exceeds eighty (80) hours, the probationary period may be extended by the same length of time taken for the military deployment, disability leave, sick leave, or modified duty. ARTICLE 2 SUBORDINATION AND DEFINITIONS Section 1. This Agreement shall, in all respects wherever the same may be applicable herein, be subject and subordinate to all applicable statutes, constitutional provisions and any revisions, amendments or newly adopted provisions to any statute or constitutional provisions in effect upon the effective date of this Agreement or which may be hereafter enacted. If any state law or court or any federal law or court with jurisdiction invalidates any part of this Agreement, all other portions of the Agreement shall remain in full effect. Should the invalidated portion significantly alter the meaning or the intent of any Article or Section, the parties shall bargain to address the issue. Section 2. Unless otherwise indicated, the term “day” shall be defined as calendar day. ARTICLE 3 L.F.U.C.G. RIGHTS 2 Section 1. The parties agree that all rights or authority not expressly limited, abridged, delegated or modified by clear provisions of this Agreement are retained by L.F.U.C.G.. Rights and authority retained by L.F.U.C.G. shall include, but shall not be limited to, the following: A. Determination of the organizational structure of the Police Department, including the existence, continuance, abolishment, restructuring, or combining, of all bureaus, departments, units, branches, and subparts thereof. B. The right to promulgate, at its discretion, policies, rules, regulations, and Orders which are not inconsistent with this Agreement. C. Assignment of personnel consistent with the provisions of Article 9. D. Determination of necessary qualifications, standards, and procedures, for hire and promotion, consistent with applicable statutory law and this Agreement. E. Establishment of standards of performance and service, and taking disciplinary action subject to applicable state law and this Agreement. F. Conferring and relieving of law enforcement powers. It is agreed and understood that the relieving or suspending of law enforcement powers is distinct from a suspension from pay. Although, L.F.U.C.G. reserves the power to relieve or suspend law enforcement powers, it is agreed that any suspension of a covered Member from pay shall be deemed a disciplinary action. G. Elimination of positions, and any consequent reductions in force or layoffs. Section 2. This Agreement is not intended to restrict consultation with the Lodge regarding matters within the right of L.F.U.C.G. to determine. ARTICLE 4 NON-DISCRIMINATION 3 Neither L.F.U.C.G. nor the Lodge shall unlawfully discriminate against any Employee because the Employee is or is not a Member of the Lodge, nor because of lawful Lodge activity or refraining therefrom, nor shall either party discriminate against any Employee on the basis of race, color, sex, creed, religion, marital status, ages, national origin, disability, political affiliation, or sexual orientation. ARTICLE 5 STRIKES, WORK STOPPAGES, SLOWDOWNS, AND LAYOFFS Section 1. The Lodge recognizes that it is unlawful to engage in strikes and work stoppages. The Lodge further agrees that it shall not engage in, condone, or encourage work slowdowns, unauthorized accelerated enforcement, and other concerted efforts to alter work production. In addition, the Lodge agrees that any of the foregoing actions by Members may constitute cause for their termination, and that the Lodge shall not encourage such activity and shall take prompt and reasonable steps to discourage same. Section 2. Mass or concerted resignations, and mass or concerted call-ins of sick or other leave, shall be deemed strikes or work stoppages hereunder. Section 3. If L.F.U.C.G. determines that a layoff is necessary, L.F.U.C.G. agrees to notify the Lodge and all affected Members at least thirty (30) calendar days in advance of the effective date of a layoff. Upon request from the Lodge, during the thirty (30) day notification period, L.F.U.C.G. and the Lodge shall meet to discuss possible alternatives to the layoffs and the impact of the layoff on bargaining unit members. Section 4. Layoffs in the bargaining unit shall be done in inverse order of seniority as defined by Article 8. 4 Section 5. Any member receiving notice of a layoff shall have ten (10) calendar days following receipt in which to exercise their right to bump the least senior member within the same or lower classification. Any member who is bumped from their position shall have ten (10) calendar days in which to exercise their bumping rights in a similar manner. In the event of a recall, members who have exercised their bumping rights shall have the opportunity to reverse this privilege. Members who bump into a lower classification shall retain their previously accrued seniority in grade. Section 6. Members who are laid off shall be placed on a recall list for a period of thirty (30) months. If there is a recall, members who are still on the recall list shall be recalled, in the inverse order of their layoff. Section 7. When L.F.U.C.G. recalls members off the recall list, they shall be recalled to their previous grade, and at the rate of pay commensurate with the current step of the grade the member was in at the time of layoff. Members shall retain their previously accrued seniority while on layoff. Section 8. Notice of recall shall be sent to the member by certified mail. L.F.U.C.G. shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the last mailing address provided by the Member. Section 9. The member shall have ten (10) calendar days following the date of receipt of the certified mail recall notice to notify L.F.U.C.G. of their intention to return to work and shall have fourteen (14) calendar days following the date of receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. 5 Section 10. A laid off Bargaining Unit member shall have the option to receive payment for all earned but unused leave, which shall only include vacation and holiday time for which they have not otherwise been compensated. Section 11. Health and life insurance coverage, per this Agreement, will be continued until the end of the next full month after the effective date of the layoff. A member may, thereafter, elect to continue participation in such health plan in accordance with L.F.U.C.G.’s COBRA policy. ARTICLE 6 LODGE SECURITY Section 1. Membership in the Lodge shall not be a condition of employment. Members have the right to join or not join the union. Pursuant to KRS 67A.6902(3), the Lodge shall represent all Members without discrimination regardless of union membership. Section 2. L.F.U.C.G. shall not restrain or discourage membership in the Lodge. L.F.U.C.G. shall not discriminate against any Member because of activities protected under KRS 67A.6901 et seq. Section 3. All Members may join Lodge membership or withdraw therefrom via written notice served upon L.F.U.C.G. and the Lodge. Section 4. All Members holding membership with the Lodge shall pay union dues through regular payroll deductions each calendar month. Before L.F.U.C.G. initiates the first payroll deduction, each member shall provide express written authorization, on a form authorized by L.F.U.C.G. and the Lodge, signed by the Member from whose pay the dues will be deducted (“Membership Notice”). Once a Member authorizes the deduction, L.F.U.C.G. shall begin payroll deductions as soon as practical but in no event later than the second (2 nd) pay period following 6 receipt of the Membership Notice. L.F.U.C.G. shall continue payroll deductions until a Member revokes consent via written notice served upon L.F.U.C.G. and the Lodge. Section 5. L.F.U.C.G. shall deduct from payroll the monthly amount of union dues in the second (2nd) pay period of each calendar month. L.F.U.C.G. shall deliver such amount to the Treasurer of the Lodge by the fifteenth (15th) day of the succeeding calendar month after such deductions are made. Section 6. The Lodge shall annually certify, in writing, to L.F.U.C.G. the monthly amount of union dues. The Lodge shall notify L.F.U.C.G., in writing, of any changes or adjustments to the monthly amount of union dues occurring after January 1st of each calendar year. L.F.U.C.G. shall effectuate any changes or adjustments to the monthly amount of deduction in the second (2nd) pay period of the following calendar month after such notification is provided to L.F.U.C.G. by the Lodge. Section 7. Members of the bargaining unit not exercising their right to Lodge membership may compensate the Lodge for their proportional share of collective bargaining expenses. Those expenses include Lodge expenses incurred for contract negotiation and administration, grievance processing, and other non-ideological purposes. The Lodge shall notify L.F.U.C.G. and all Members not joining the Lodge’s membership, of the proportional amount of annual expenses by December 15th of each calendar year. Members choosing to pay their proportional share of the Lodge’s collective bargaining expenses must authorize the monthly deduction, on a form authorized by L.F.U.C.G. and the Lodge, prior to L.F.U.C.G. initiating any payroll deductions. Upon receipt of written authorization, L.F.U.C.G. shall deduct from payroll the monthly amount of proportional collective bargaining expenses in the second (2nd) pay period of each calendar month. L.F.U.C.G. shall deliver such amount to the Treasurer of the Lodge by 7 the fifteenth (15th) day of the succeeding calendar month following receipt of the Member’s written authorization. L.F.U.C.G. shall continue payroll deductions until a Member revokes consent via written notice served upon L.F.U.C.G. and the Lodge. ARTICLE 7 LODGE BUSINESS Section 1. The Lodge may select not more than eight (8) persons and the Lodge President to represent the Lodge in the negotiation of collective bargaining agreements during working hours without loss in compensation. The persons so designated shall be allowed a reasonable time off without loss of compensation to prepare proposals, collect data, meet with counsel and/or committee Members and consultants for the purposes of expediting good faith negotiations. The Lodge shall provide fourteen (14) days prior notice to the Chief of Police of the dates and times needed to conduct business relating to collective bargaining negotiations between L.F.U.C.G. and the Lodge, provided however, L.F.U.C.G. and the Lodge may mutually agree to waive said notice. The Chief of Police shall be notified by the Lodge in writing of any substitutions or replacements of designated persons no less than forty eight (48) hours before each such change shall take effect. Any active sworn employee of LPD that utilizes this time will do so on a straight time basis and shall properly document such time as “Union Business” and note “Collective Bargaining” in the comment area. Section 2. A maximum of three (3) representatives from the Lodge, in addition to the President (as provided for in Article 11), shall be granted leave with pay for the purposes of meeting with other L.F.U.C.G. employees or L.F.U.C.G. officials in order to process grievances filed by Members covered by this Agreement and/or in order to assist in presenting any cases covered by this Agreement in arbitration proceedings. Pay to said representatives shall be on a 8 straight-time basis only. The names of the three (3) representatives shall be designated within thirty (30) days of the execution of this Agreement, and changes to those names shall be provided to the Chief no less than forty-eight (48) hours before they take effect. The amount of time spent on such activities shall be reported as “Union Business” and note “grievances” in the comment area. The President and/or no more than one (1) such designated representative shall be eligible for such leave, per grievance meeting. Section 3. The Lodge may select no more than four (4) representatives in the same week who shall be allowed to attend extraordinary as well as regular sessions of the Kentucky General Assembly without loss in compensation with a combined total of hours not to exceed 80 (eighty). The amount of time spent on such activities shall be reported as “Union Business” and note “Kentucky General Assembly” in the comment area. The Lodge will submit in writing the names of its representatives to the Chief of Police not later than fourteen (14) days before the time when the expected leave will be taken. The Lodge shall provide written notification to the Chief of Police of any Lodge representative substitution/replacement. The President cannot serve as a representative under this section. Section 4. The President of the Lodge, when an active sworn employee of L.F.U.C.G. Police Department, shall be authorized leave to attend conventions, seminars, meetings, and to handle grievance processing and other business of the Lodge for a period of five hundred (500) hours with pay in each fiscal year (taken in hourly increments). The President may designate any active Member of the Fraternal Order of Police, who is an active sworn employee of LPD, to use President’s time for Lodge business (taken in hourly increments). The amount of time spent on such activities shall be reported as “Union Business” and note “President’s time” in the comment area. In addition, the President of the Lodge shall be allowed to use accumulated days, annual 9 leave, or holidays. Above referenced leaves, paid or unpaid, must be pre-approved by the Member's immediate supervisor with forty-eight (48) hours being the standard for notification, however, it is understood that some time parameters might be shorter on a case-by-case basis. Approval shall not be unreasonably withheld. Section 5. The Chief shall authorize leave with pay for seven (7) duly elected delegates, who are active sworn employees of the Lexington Police Department, to attend the Kentucky State Lodge Board and annual meetings and the biennial National Conference. The amount of time spent on such activities shall be reported as “Union Business” and note either “Kentucky State Lodge Board” or “National Conference” in the comment area. Section 6. Elected Board Members of the Lodge (that are active sworn employees of LPD) shall be allowed to attend regular and special board and general Membership meetings during regular work hours without loss in compensation up to six (6) hours per month, provided that forty-eight (48) hours prior supervisory notice is given. The amount of time spent on such activities shall be reported as “Union Business” and note “Local Board” in the comment area. Section 7. L.F.U.C.G. agrees to provide the Lodge designated space on available bulletin boards upon which the Lodge may post notice of meetings, announcements, or Lodge information. The Lodge further agrees that it will not post any material which would be derogatory to any individual, L.F.U.C.G., Lexington Police Department, Commonwealth of Kentucky, or which constitutes campaign material for or against any person, organization, or faction thereof. Campaign material does not include announcements or information regarding internal campaign election meetings of the Lodge. All notices of the Lodge will consist of items in good grammar, taste, and shall be signed by the President of the Lodge and/or Secretary of the Lodge and shall be on Lodge letterhead. Copies of any material so posted shall be furnished to the Chief of Police or 10 designee at the time of posting. L.F.U.C.G. may remove any material which L.F.U.C.G. determines to be in violation of this Agreement, and the Lodge will be so informed. L.F.U.C.G. will determine the quantity, size and location of all bulletin boards. In addition, L.F.U.C.G. agrees the Lodge may use electronic mail for exactly the same purpose and in exactly the same manner it uses bulletin boards to distribute Lodge information. The electronic mail must be authored by the President or Vice President and copies of any material so electronically mailed shall likewise be sent to the BOA Assistant Chief for distribution. Section 8. Any active sworn employee of LPD that utilizes “Union Business” time under this Article, shall document such time as “Union Business” and specify which category of union business time they are using as noted in each section of this Article. Pay to said representatives using “Union Business” time shall be on a straight time basis only. ARTICLE 8 POLICE DEPARTMENT SENIORITY Section 1. The Police Department seniority of a Member shall commence on the first date of employment as a Lexington Police Department Trainee. For purposes other than pay, any Member brought into a training class as an alternate, after that class has started, shall be deemed to have the same seniority date as the rest of the class. No portion of this Agreement shall be applicable to any police officer who has not completed their initial probationary period, provided however, a sworn probationary officer shall receive the economic benefits under this Agreement. Section 2. Any Member who participated in the specified Kentucky Police Corps Program as listed below shall be considered to have seniority for all purposes herein except for promotions and pension benefits, effective from their starting date in basic training in the Kentucky Police Corps Program. This shall only be applied to Members who were in the classes of 06-11- 11 2001 and 06-10-2002. The Member's actual date of hire with L.F.U.C.G. shall apply for all matters not covered above. Section 3. Seniority shall be considered continuous unless the Member: A. Is discharged for cause. B. Is laid off for more than twenty-four (24) months. C. Fails to return to work within thirty (30) days without just cause after recall subsequent to a lay-off. D. Voluntarily resigns, unless at the sole discretion of L.F.U.C.G., a Member returns to work within one (1) year after voluntary resignation and works one (1) full year thereafter, the Member’s seniority shall be deemed continuous, less such time as the Member was not an employee of the Lexington Police Department. Section 4. When determining the anniversary date for reinstated Members for the purposes of step increases, the original hire date will be adjusted forward by the amount of time, up to one year, that the Member was gone. This will be the Member’s new adjusted anniversary date. A Member does not have to be reinstated for a year before the next applicable step increase is effective. Section 5. Seniority for sergeant shall commence on the date of promotion to the rank of sergeant. In the event the date of promotion for two (2) or more sergeants is the same, then the seniority will be based on the sergeant promotional list ranking. A finalized promotional ranking list shall be provided to the Lodge within five (5) business days of certification of promotional lists. 12 Section 6. In the event of a seniority related conflict where two (2) or more Officers with the same seniority date are at issue, the conflict will be resolved by the ranking of the Member’s final academy cumulative test scores. Section 7. Seniority shall be a factor for specialized schools. Section 8. L.F.U.C.G. shall annually and upon request furnish the Lodge a seniority list based on this Article. ARTICLE 9 ASSIGNMENTS Section 1. Patrol sector assignments will be made according to the following parameters: A. Sector bids will be handled twice annually. Officers will have a minimum of ten (10) calendar days from the opening of the bid process to submit their bid preferences to the Bureau of Patrol Assistant Chief in a prescribed format. B. The officer bidding on the opening with the most seniority will be assigned excepting exclusions listed below: 1. The Department will make assignments to vacancies that occur during interim periods on a temporary basis until the next bid process occurs. 2. Administratively, the seniority rule may have to be overruled to prevent an overload of less experienced officers on a sector, or for another legitimate managerial reason determined by the Chief. If an incident requiring this unusual action occurs, it will be made right as soon as practical. 13 C. An officer's beat preference shall be based on seniority; however, the sector Commander may overrule this practice for a legitimate managerial reason(s) in a specific individual instance(s). D. Regular Days Off (R.D.O.'s) 1. Regular days off will be rotated every three (3) months, on a date determined by the Bureau Assistant Chief. 2. Regular days off for patrol personnel will be established by the Bureau Assistant Chief. 3. Regular days off shall rotate in the same manner in effect as of the effective date of this Agreement. E. A sector Sergeant assignment vacancy shall be posted for a period of not less than ten (10) calendar days in the Department. The Sergeant bidding on the vacancy with the most seniority in rank will be assigned. Administratively, the seniority rule may have to be overruled to prevent an overload of less experienced Sergeants on a sector, or for another legitimate managerial reason determined by the Bureau of Patrol Assistant Chief. If an incident requiring this unusual action occurs, it will be made right within ninety (90) days. F. In cases of "ties," Departmental seniority in grade will be the determining factor as stated in Article 8. Section 2. Neighborhood Resource Officers and all positions other than those in the sectors as prescribed above shall be filled as provided in this section. A. Neighborhood Resource Officers and all positions other than those in the sectors have the following minimum service eligibility requirements: 14 1. A Member applying for a vacancy in any Bureau, with the exclusion of the patrol function, must have three (3) years of service from hire date to qualify for the assignment. This service requirement must be met by the application deadline. 2. A Member applying for a vacancy in a part-time specialized team (i.e., Honor Guard, Hazardous Devices Unit, Crisis Negotiations Unit, Emergency Response Unit, Air Support Unit and Collision Reconstruction Unit) must have two (2) years of service from hire date to qualify for assignment, provided however, the service requirement may be waived for non-probationary Members with demonstrable certification, previous employment, or other qualifications. The list expires after three (3) months. 3. A Member applying for appointment as a Field Training Officer (FTO) must have three (3) years from hire date to qualify for appointment. 4. Assignments of qualified applicants to all positions in 1., 2. and 3. above pursuant to their respective minimum service requirements are within the discretion of the Bureau Assistant Chief subject to the approval of the Chief of Police. If no more than two (2) Members apply for an opening in l., 2., or 3., above, the Department may repost the position and applicants without minimum service requirements will be considered at the discretion of the Chief. 5. All positions in 1., 2., or 3. above shall be communicated through a department-wide email at least ten (10) days before the application deadline. 15 B. Vacancies for positions outside of the Bureau of Patrol will be filled utilizing the following steps: 1. a. The Bureau of Investigation may establish separate lists for the individual sections within the Criminal Investigations section. The Special Investigation section may establish separate lists for assignment to the Forensic Services Unit, Background Investigations Unit, Polygraph Unit, or the Computer Forensic Unit due to the highly specialized training or responsibilities required for these positions. The Bureau of Investigations Assistant Chief may transfer a Member that is currently a Member of a Section to another assignment within that Section without using the rank eligibility list. b. The Bureau of Special Operations may establish separate lists for units within the Traffic Section. The Bureau of Patrol may establish separate lists for Neighborhood Resource Officers for each sector. c. The Bureau of Special Operations Assistant Chief may transfer a member who is currently a member of a Unit within a Section to another assignment in a Unit within that Section without using the rank eligibility list. 2. Any said vacancy must be communicated by a department-wide email at least ten (10) days before the application deadline. 3. Applicants must submit memoranda of interest which shall be received in the office as listed in the vacancy notice no later than the expiration of the ten (10) calendar day time period. 16 4. All eligible applicants shall be interviewed. 5. Interviews shall be structured utilizing the same interviewers and questions. (Follow-up questions may be permitted). 6. Interviewers will consider the applicant's attendance record, discipline imposed within five (5) years of the date of the position announcement, the most recent performance appraisal, specialized training, education, seniority, how well the applicant responded in the interview, and other factors as determined by the Bureau Assistant Chief. Prior to the interview, the Bureau Assistant Chief shall establish weights for these factors which may change from one eligibility list to the next. 7. Interviewers shall rank the applicants and certify by signature the applicants in order of performance. The interview documentation and certification shall be open for review by the Lodge President or designee and maintained for six (6) months before being destroyed. 8. The interview panel shall consist of persons above the rank being interviewed. A qualified specialist may be substituted or selected for the interview panel from outside the L.F.U.C.G. The interview panel shall contain at least three (3) panelists. 9. Ranked list of applicants will be valid for six (6) months. 10. The Bureau Assistant Chief shall select the person to fill the vacancy by choosing one of the top three (3) applicants on the certified list. 17 11. The Bureau Assistant Chief may remove an applicant for just cause prior to the expiration of the certified list. The applicant shall be provided with written specificity for said removal. 12. The Chief may assign a Member to any temporary specialized assignment. Temporary, specialized assignment is defined as having a beginning and ending date, not to exceed twelve (12) months and for which there is no existing permanent, full-time, authorized position. 13. The Chief may temporarily assign a Member to any vacancy for a period of no longer than sixty (60) calendar days before the vacancy is filled. 14. Refusal of a position may be cause for removal from the list for the duration of that list. 15. If approved extended leave for a member is greater than sixty (60) days, then that Member’s position, at the discretion of the Chief of Police, may be temporarily filled by another Member for the duration of approved extended leave period. C. The Department shall notify all Members of an opening in the following highly sensitive positions: Public Information Officer, R.O.P.E. Investigator, Computer Information Services Unit, Public Integrity Unit, Planning and Analysis, Administrative Assistants to the Chief and Assistant Chiefs, Federal and/or State Task Force, Internet Crimes Against Children Detective, Crime Stoppers Liaison and Intelligence Section assignments and any other highly sensitive positions as designated by the Chief of Police. A Member may notify the Department of their interest by submitting a memorandum to the Chief or designee. The Chief reserves the right to appoint highly sensitive positions. 18 D. Unit commanders of the Emergency Response Unit, Hazardous Device Unit, Air Support Unit, and Crisis Negotiation Unit may be selected by the Chief or designee without notifying Members of the vacancy or accepting memorandums of interest. Section 3. Transfers A. The transfer of a Member is the movement from one position or task assignment to another position or task assignment within the Department. The following may be reasons for transferring a Member: 1. A voluntary request; 2. A lack of funding resulting from a loss of federal/state funds; 3. An administrative reorganization; 4. An emergency; 5. A change in the Member's physical or mental condition; 6. The resolution of a grievance, disciplinary action or other problem affecting the operational efficiency of a unit or organization; 7. The need for additional personnel at a specific work site; 8. The best interests of the Department. B. In the event of an involuntary transfer as a result of a lack of funding resulting from a loss of Federal/State funds, an administrative reorganization, or the need for additional personnel at a specific work site the transfer shall be based on seniority as defined in Article 8, except when a member has less than six (6) months experience in the affected special unit/assignment. In the event that any position eliminated as a result of a reorganization is reconstituted, any Member who held the position who was subjected to an involuntary transfer shall have the right to be reinstated to the position before the position opening is filled for a period of eighteen (18) 19 months from the date that the position was eliminated. Members shall otherwise be offered the position based upon Seniority defined in Article 8. C. A Member shall be notified by the Chief of the intended involuntary transfer by ten (10) days written notice setting forth with specificity the reason for said transfer, unless the Chief, in their sole discretion, declares an emergency or a Member agrees to waive the ten (10) days notice. The written notification of transfer shall set forth the specific factual basis, which constitutes the reason for the transfer. A Member who suffers a severe hardship as a result of a schedule change may be granted, upon request, an extension of up to fourteen (14) days and may, at the discretion of the Chief, be granted an extension of thirty (30) days from the scheduled date of transfer. ARTICLE 10 PROMOTIONAL VACANCIES Section 1. A vacancy for Sergeant or Lieutenant shall be deemed to exist when a position in the Department is vacant due to demotion, termination, death, resignation, retirement, promotion or creation of a new position. If it is determined that a position will not be filled, L.F.U.C.G. shall provide written notice to the Lodge before a vacancy occurs. Section 2. The Chief will notify the Member and the Lodge of intent to fill the vacancy within ten (10) days after the vacancy occurs. The vacancy will be filled within sixty (60) days of the Chiefs notice of intent to fill the vacancy. Section 3. Applicants for the position of police sergeant shall have at least six (6) years of satisfactory service from the date of hire. Service time for applicants for police sergeant shall be calculated from date of hire to the expiration date of the promotional list which is currently in effect. Service time for applicants for police lieutenant shall be calculated from the date of 20 permanent appointment to the expiration date of the promotional list which is currently in effect. All educational requirements must be met by no later than sixty (60) days prior to the expiration date of the promotional list which is currently in effect with appropriate documentation provided by said deadline. A. An applicant for promotion to police sergeant must have a minimum of sixty-three (63) semester hours of college credit from an accredited college or university or an associate degree from an accredited college or university. B. An applicant for promotion to the position of police sergeant may substitute relevant experience for college credit requirements. Each year of satisfactory service, commencing with hire date, may be substituted for five (5) hours of college credit. C. An applicant for the position of police lieutenant must have completed two (2) years of satisfactory service in the grade of police sergeant. Time shall be calculated from the date of permanent appointment to the position of police sergeant. D. An applicant for promotion to police lieutenant shall have a minimum of a bachelor’s degree from an accredited college, university, or technical school. Section 4. Promotions to the position of police sergeant and lieutenant shall consist of three (3) phases: a written examination, an oral interview, and an assessment center. The written examination shall be administered by the Division of Human Resources. All applicants shall be identified by number only on the examination and a passing score must be obtained in order to proceed. A passing score shall be 70%. Prior to the examination being given, the Director of Human Resources or designee shall give each candidate a written explanation of the promotional process. 21 Sources of testing material may include Lexington Police Department General Orders, Special Orders and Training Bulletins, government regulations, L.F.U.C.G. Ordinances, Kentucky Statutes, and textbooks recommended by the Chief of Police. All source materials must be selected and announced, along with a vendor list no later than one hundred-twenty (120) days prior to the written examination date. Candidates are encouraged to acquire their own study resources. The Police Department will make available, ten (10) copies of text books listed on the reading list, for check out ninety (90) days in advance of the written examination. The Lodge President or designee (who is not participating in the testing process) shall conduct a review of the test questions prior to the testing. The review of questions shall include the opportunity for the Lodge President or designee to suggest that certain questions be stricken from the test. Upon completion of this review, all test questions shall be maintained exclusively by the Division of Human Resources. Monitors shall grade the written examination before the candidate leaves the testing site and the candidate shall be supplied with their raw score at that time. A complete listing of the scores from the written examination shall be completed and posted within three (3) business days following the written examination. Challenges to test questions shall be made within three (3) business days of said posting. The Division of Human Resources will respond to any challenges within three (3) business days of receipt. If a question is struck or deemed incorrect on the answer key, points for that question shall be awarded to all candidates. Final scores will be posted within ten (10) business days of the examination. A copy of the score listing shall be provided to every candidate at that time. All candidates that receive a passing score shall proceed to the oral examination. 22 Section 5. Members of the Oral Interview Board shall be the same for all applicants for any one rank. There shall be no discussion of each candidate and each candidate shall be independently ranked by each rater. The Oral Board shall consist of the following Members (every effort shall be made to make this board reflective of the community the Department serves): A. The Chief of Police or their designated representative from the rank of police Lieutenant or above. B. An officer from a municipal police department of another jurisdiction which is not smaller than the Lexington Police Department of a rank equal to or greater than the one being tested for, to be selected by the Oral Board Director who shall be a Member of the Division of Human Resources. C. An instructor from an accredited law enforcement education program. D. A professional Member of the community with experience in education, business or government, but not associated with L.F.U.C.G. selected by the Commissioner of Public Safety. E. A Member of the Lodge selected by the Lodge President at a rank equal to or greater than the one being tested for. Each candidate’s raw score will be calculated immediately after the interview is complete. The candidate will be notified of their raw score immediately following the interview. The Director of Human Resources or designee shall post the oral interview scores no later than five (5) days following the completion of interviews and shall provide each candidate with the rank order list upon request. 23 A Member shall have the right to view their own scored documentation used by the Oral Review Board. Any such requests must be made to Human Resources within five (5) business days of the posting of the oral interview scores. Such documentation shall be provided to the Member prior to their participation in the Assessment Center. Section 6. Following the completion of both the written and oral examinations, the Director of Human Resources or designee shall complete a combined score. Both the written and oral scores shall be weighted 50% each of the total combined score. The Lodge President or designee shall be afforded an opportunity to review the results prior to posting of the list. The combined score list shall be posted by applicant number and given to each candidate no later than the day after the oral interview scores are posted. The top thirty (30) candidates in a sergeant’s promotional process and the top fifteen (15) candidates in a lieutenants’ promotional process shall proceed to the Assessment Center. Section 7. The Assessment Center shall be chosen by the Director of Human Resources and shall be staffed by professionals that are qualified to perform evaluations of this kind, provided however, the Assessment Center shall not be affiliated or associated with any institution whose purpose includes the certification of LFUCG police officers. Candidates for promotion shall be rated in areas broadly defined as job knowledge, management skills or supervisory traits. L.F.U.C.G. will issue a Request for Proposal with parameters for the administration of the Assessment Center. Assessment measures will be based on the job task analysis for the position being tested for. Widely recognized methods will be used to evaluate performance. A performance review of the candidates' qualifications will be conducted as a component of the Assessment Center. Each candidate will be rated upon completion of each exercise. The ratings by the Assessment Center personnel shall be forwarded to the Director of 24 Human Resources. Specific feedback for each candidate will be available for each exercise as provided in Section 8. Section 8. The Director of Human Resources or designee shall compile a composite score of the written examination, oral interview and Assessment Center process. The written test score and the oral interview score shall be weighted at 15% each, with the Assessment Center process being weighted at 70% of the final score. The Lodge President or designee shall be afforded an opportunity to review the results prior to posting of the list. The composite score shall be posted and a copy provided to each candidate within fourteen (14) days from the time the scores are reported to Human Resources. This composite score shall be the only score used to rank candidates for promotion on the official eligibility promotion list. Upon posting of this final list, the candidates shall be listed by name. Assessment Center personnel qualified to discuss demonstrated strengths and weaknesses as revealed in the Assessment Center process shall be available in Lexington or remotely for candidates that request an opportunity to discuss same, if the candidate makes a written request within ten (10) days of the final posting of the list. Such interviews will be scheduled by the Assessment Center personnel. Section 9. A promotional vacancy in the ranks of sergeant and lieutenant shall be filled by one of the three (3) top ranking candidates by the Chief of Police. The Chief of Police, at their discretion, may interview the candidates. The Chief's recommendation for promotion shall be forwarded through the appropriate channels. Eligible applicants for promotion may be certified to the Chief of Police three (3) times for consideration. If not selected, the candidate shall be removed from the promotional list. Removal from a promotional list does not prevent the applicant from participating in future promotional applications. 25 Section 10. A suspension without pay that is the consequence of formal discipline within one (1) year of the application deadline may be cause for removal from the promotional process unless the suspension is for eighty (80) hours or more in which case it shall be cause for removal. Section 11. The final eligibility list of applicants for promotion to sergeant and lieutenant shall remain in effect for two (2) years unless exhausted. In the event an eligibility list is exhausted, nothing shall preclude L.F.U.C.G. from initiating a process to establish a new list. The new list would remain in effect two (2) years from the date of certification unless exhausted sooner or extended by mutual agreement between the Lodge and LFUCG. In the event that the promotional list which is currently in existence is exhausted prior to its expiration date, the deadlines for calculating applicable service time and educational requirements for the new promotional list will be established in accordance with Section 3 of this Article. Section 12. In the event that after the final compilation of scores a tie exists between two or more candidates for promotion, such ties shall be broken using seniority as defined in Article 8. In the event that two or more candidates have the same seniority by hire or promotion date, the candidates’ scores from the Assessment Center shall be used to break the tie. Section 13. Any and all documents utilized during the promotional process, which are not protected from disclosure by law shall be open to inspection by the designated Lodge Counsel upon reasonable advance notice. ARTICLE 11 GRIEVANCE PROCEDURE Section 1. Any controversy between L.F.U.C.G. and the Lodge concerning the meaning and application of any provisions of this Agreement shall be adjusted in the manner set 26 out below. All disciplinary actions shall be processed pursuant to applicable state law and Article 15, and shall not be subject to grievance procedure. Only the Lodge may file a grievance pursuant to the steps set forth in this Article, but all grievances must be signed by an affected Member who believes they have suffered as a result of a violation of the terms of this Agreement. A grievance is presented when it is delivered in writing to the individual designated in the applicable step by a designated Lodge representative. Submission of an incomplete, unsigned document does not constitute adequate notification that a grievance is filed. All Lodge Grievances filed under this article satisfied by mutual agreement or otherwise shall be reduced to writing. Section 2. At any Step, the L.F.U.C.G. response may be made by a designee who shall be a person specified in the Steps below. All time limits specified herein shall be calendar days. L.F.U.C.G. and the Lodge may mutually agree, in writing, to extend any time limits listed below. The phrase "grieved event" means the time when the affected Member knew or should have known about the circumstances giving rise to the grievance. The following rules for the presentation and solution of grievances are prescribed: Step 1 – Affected Member’s Lieutenant: Within fourteen (14) days of the grieved event, the grievance shall be presented in writing by email to the affected Member’s Lieutenant. The Lieutenant shall have fourteen (14) days from service to answer the grievance in writing, via email to the affected Member(s) and the Lodge. Step 2 - Bureau Assistant Chief: If the Lodge is not satisfied with the answer obtained in Step 1, the grievance may, within fourteen (14) days of the Step 1 answer, be presented in writing by email to the Bureau Assistant Chief or the designated Commander. The Bureau Assistant Chief or the designated Commander (who may have additional Member/Members of management present), shall meet with the affected Member(s) and Lodge representative if desired, and discuss 27 the grievance within fourteen (14) days after the date the grievance is presented. The Bureau Assistant Chief shall give a written answer by email to the affected Member(s) and the Lodge within fourteen (14) days following the meeting. All grievances related to disputes affecting Members of more than one (1) Bureau shall be initiated at Step 2 and shall be delivered to the BOA Assistant Chief or their designee. All grievances related to disputes affecting more than one (1) member in the same Bureau shall be initiated at Step 2 with the affected Member’s Bureau Assistant Chief or their designee. Step 3 - Chief of Police: If the Lodge is not satisfied with the answer obtained in Step 2, it may appeal the grievance in writing by email to the Chief of Police; provided that the appeal is presented within fourteen (14) days after service of the Step 2 answer. Within fourteen (14) days after receipt of the appeal, the Chief of Police, or designee who shall be an Assistant Chief other than the involved Bureau Assistant Chief (who may have additional Member/Members of management and/or legal counsel present), shall meet and discuss the grievance with the affected Member(s), Lodge Representative, and legal counsel, if desired, and give the affected Member(s) and the Lodge their answer in writing, via email, within fourteen (14) days after holding such meeting. Step 4 - Mayor: If the Lodge is not satisfied with the answer obtained in Step 3, it may appeal the grievance in writing by email to the Mayor or designee (who shall be the Director of Human Resources or Senior Manager of Employee Relations) within fourteen (14) days after the receipt by the Lodge of the Step 3 answer. Within fourteen (14) days after receipt of the appeal, the Mayor or their designee (who shall be the Director of Human Resources or Senior Manager of Employee Relations and who may have additional Member/Members of management and/or legal counsel present) shall meet and discuss the grievance with the affected Member(s), Lodge 28 Representative, and legal counsel, if desired, and shall answer the grievance in writing, via email, to the affected Member(s) and the Lodge within fourteen (14) days after holding said meeting. Step 5 - Arbitration: A. If the Lodge is not satisfied with the answer obtained in Step 4, it may, within fourteen (14) days after receipt by the Lodge of the Step 4 answer, seek arbitration by notifying the other party in writing by email of its intent to proceed to arbitration, and requesting a panel of seven (7) arbitrators in the Kentucky region from the Federal Mediation and Conciliation Service (FMCS) within twenty-one (21) days of the Lodge serving notice of its intention to seek arbitration. B. An arbitrator shall be selected by the Lodge and L.F.U.C.G. by alternately striking a name from the panel submitted by the Federal Mediation and Conciliation Service (FMCS) with the side striking first determined alternately. The parties shall meet for the purpose of striking names from the panel within fourteen (14) days of receipt by both parties of the panel from which an arbitrator is to be selected. C. The expenses, wages and other compensation of any witness called before the arbitrator shall be borne by the party calling such witnesses, and expenses such as wages of participants, preparation of briefs and data to be presented to the arbitrator, shall be borne by the party incurring the expenses. D. The arbitrator's fee and expenses shall be shared equally by each party. The location for the arbitration shall be at a L.F.U.C.G. facility or other mutually agreed upon location. E. The powers of the arbitrator are limited as follows: The arbitrator shall have no jurisdictional right to alter, amend, modify, disregard, add to or subtract from or 29 change in any way any term or condition of this Agreement or to render an award which is in conflict with any provision of this Agreement. The arbitrator shall consider only the specific issue or issues submitted to them and shall confine their decision to a determination of the facts and an interpretation and application of this Agreement. F. The decision of the arbitrator shall be advisory. Section 3. If a grievance is not presented within the time limits set forth in this Article, the grievance shall be considered waived. If a grievance is not appealed to the next Step within the specified time limit or any extension thereof, it shall be considered settled on the basis of L.F.U.C.G.'s last answer. If an answer has not been received on or before the expiration of any time period under Steps 1-4, the Lodge shall serve written and personal notification to the Chief of Police, or their designee, and the individual responsible for responding to that Step after the deadline expires affording L.F.U.C.G. an additional seventy-two (72) hours to deliver their answer. If L.F.U.C.G. does not answer a grievance within the specified time limits or any extension hereof, and after the grace period notice, the grievance shall be deemed confessed. The time limits in each Step may be extended by mutual agreement of L.F.U.C.G. and Lodge representative(s) involved in each Step. Section 4. Except as otherwise noted, the grievance procedure contained in the Collective Bargaining Agreement is the sole and exclusive means of resolving all grievances arising under this Collective Bargaining Agreement. ARTICLE 12 DEPARTMENT ORDERS AND STANDARD OPERATING PROCEDURES 30 Section 1. L.F.U.C.G. has the right to promulgate rules and regulations, including disciplining Members, not inconsistent with the express provisions of this Agreement. Section 2. No changes in Department Orders, Policies, Rules, Regulations, Standard Operating Procedures, and the like of the Lexington Police Department shall be effective until notice of such has been emailed to the Lodge and all Members for a period of ten (10) days prior to the effective date. Section 3. A Member and L.F.U.C.G. shall be bound by any change in Departmental Orders, Policies, Rules, Regulations, Standard Operating Procedures, and the like, upon receipt thereof; receipt shall be verified by signature or electronic acknowledgement which the Member shall be required to give upon receiving the change. Section 4. Bureau and Unit Standard Operating Procedures shall not conflict with General Orders of the Department. ARTICLE 13 CONDITIONS OF EMPLOYMENT Section 1. Polygraph examinations of Members will not be done as a routine procedure. Section 2. No Member shall be required as a condition of continued employment to carry any firefighting equipment or apparatus while on duty except for fire extinguishers or technological replacements thereof, assigned to department vehicles. This Section shall not be construed to prohibit a Member from performing or assisting in the performance of customary and ordinary firefighting duties and responsibilities in emergency situations. 31 Section 3. L.F.U.C.G. agrees not to use covert electronic surveillance equipment in the investigation of any Member, with the exception of a formal administrative complaint or a criminal investigation. Section 4. L.F.U.C.G. may record, store, retain or otherwise save any Global Positioning System (GPS) or Automatic Vehicle Locator (AVL) data gathered from any vehicle, computer, radio, or any other piece of equipment used by members in accordance with the Kentucky Department for Libraries and Archives retention schedule. L.F.U.C.G. agrees to redact any such data gathered that could identify a Member’s home address that L.F.U.C.G. has on file for the Member if/when said data may be released publicly. Section 5. A Member shall be required to submit to a blood test or urinalysis under the conditions set forth in Appendix 1 regarding screening for drugs. ARTICLE 14 HEALTH AND SAFETY Section 1. The Department will take precautions to safeguard the health and safety of Members during their hours of work and maintain standards of safety and sanitation, and the Lodge and all Members shall cooperate in all matters concerning health and safety. Section 2. When a Member is scheduled for a detail or a pre-planned event outside the Member’s regularly scheduled tour of duty, L.F.U.C.G. shall provide seven (7) calendar days prior notice, unless the Chief determines that such notice would not be in the interest of public safety. 32 Section 3. No Member shall be scheduled for pre-planned event details or otherwise without a minimum of eight (8) hours between details unless voluntarily waived by the Member; required to complete a late call; or the Chief deems an emergency exists. This Section shall not apply to the Traffic Section, court appearances and scheduled training. Section 4. No Member shall be required to work in excess of fifteen (15) hours consecutively, provided however; a Member may voluntarily waive this section. This section shall not apply for Roots and Heritage Festival, New Year's Eve events, Independence Day events, and in exigent circumstances or other similar events as designated by the Chief. Section 5. The Department will make available on a twenty-four (24) hour basis the following equipment: Personal Protection Equipment (PPE) kit items; OC canisters; taser cartridges; taser batteries; and all necessary equipment and supplies for sanitizing Department equipment. A Member shall be permitted to obtain said equipment with the permission of the Member's supervisor. All listed equipment shall be available to Members at Headquarters, 24 hours a day, and at the Technical Services Unit during regular business hours. Members who need to replenish the above listed equipment should do so at Technical Services during normal business hours and utilize the Reports Desk as a resupply point only when Technical Services is not open. Section 6. The Department shall inspect and replace, if necessary, gas masks and filters on a periodic basis. Section 7. L.F.U.C.G. shall issue all Members a Kevlar riot helmet with an affixed face shield. Section 8. Members may wear approved and properly maintained tactical boots with a duty uniform. All uniform and equipment standards will be prescribed by General Order. 33 Members may wear approved short or long sleeve duty uniforms at their discretion, subject to subsection (A) below. A. The Chief of Police may direct or authorize specific uniform and/or equipment mandates based on the existence of special circumstances. Bureau Assistant Chiefs shall have the authority to authorize officers to deviate from uniform and appearance policies for the purpose of special assignments, duties, or during periods of extreme weather. Section 9. A Member, at the Member’s option, may carry an approved multipurpose tool in an approved duty belt carrier while on-duty, at the Member’s cost. Section 10. L.F.U.C.G. shall provide a Member with replacement body armor (protective vests) within five (5) years of manufacture issue date or where unserviceable due to circumstances beyond the control of the Member at no cost. Section 11. Tasers will be issued to Members assigned to a uniformed position whose primary job description is in an enforcement capacity. Section 12. Members will be required to submit to a physical examination once every two (2) years consisting of job related tests/examinations or as necessary to determine physical and/or psychological fitness for duty. A Member may elect to have the required biennial physical examination performed by their primary care physician. L.F.U.C.G. shall reimburse a Member, for the cost of the physical examination by their primary care physician, up to a maximum of one hundred dollars ($100.00). A Member who elects to have their biennial physical examination conducted by their personal physician shall also be required to undergo any physical examination or test necessary to comply with state or federal law. Such examination or test will be performed by a physician selected and paid for by L.F.U.C.G. 34 Section 13. Any Member involved in a critical incident that requires the Department to take the Member's service weapon shall have that weapon replaced with an equivalent weapon prior to the end of the shift for said Member, absent exigent circumstances. Section 14. In the event that a Member’s body camera video footage will be released outside the L.F.U.C.G. and other law enforcement entities, the Member will be notified via email and the unedited video footage will be made available to the Member. This section shall not supersede L.F.U.C.G.’s compliance with and obligations under the Open Records Act or other applicable law. ARTICLE 15 DISCIPLINARY PROCEDURES AND BILL OF RIGHTS Section 1. L.F.U.C.G. shall comply with all provisions of KRS 15.520 and KRS 95.450. The provisions of this Article are supplementary to the statutory provisions of KRS 15.520 and KRS 95.450. Neither party to this Agreement waives its rights under those statutes. Section 2. It is agreed that L.F.U.C.G. has a right to discipline Members only for just cause. Disciplinary sanctions against a Member are limited to termination, demotion, a decrease in pay or grade, suspension without pay, and a written reprimand. As used under Article 15, “misconduct” means any act or omission by a Member that violates criminal law, Lexington Police Department (“LPD”) policies and procedures, or the general employment policies of L.F.U.C.G. Section 3. Complaint Procedure: A. Any complaint taken from any individual alleging misconduct on the part of any Member shall be taken as follows: 1. If the complaint alleges criminal misconduct by a Member, the allegations shall be investigated without a signed, sworn complaint of the individual. 35 2. If the complaint alleges any other type of misconduct not constituting criminal activity, an affidavit, signed and sworn to by the individual, shall be obtained. 3. If a complaint is required to be obtained and the individual, upon request refuses to make allegations under oath in the form of an affidavit, signed and sworn to, L.F.U.C.G. may investigate the allegations, but shall bring charges against the Member only if L.F.U.C.G. can independently substantiate the allegations absent the sworn statement of the individual. B. Nothing in this section shall preclude the department from investigating and charging a Member both criminally and administratively. C. The complaint procedure as defined in KRS 15.520, KRS 95.450 and this Agreement shall be explained to the complainant by a LPD supervisor or Public Integrity Unit (“PIU”) investigator. D. If the complainant elects to file a formal complaint, the complaint shall be taken in the form of an affidavit, signed and sworn to by the complainant. The PIU shall investigate the allegations of misconduct outlined in the formal complaint. E. If the complainant declines to file a formal complaint, then an informal complaint or an information only report may be completed. Documented informal complaints received by the LPD shall be investigated and resolved at the Bureau level as outlined below. 1. Upon receipt of the informal complaint, the Member’s immediate supervisor, or a LPD supervisor in the officer’s assigned Bureau (“investigating supervisor”), shall initiate follow-up contact with the 36 complainant to conduct further inquiry about the complaint and investigate as appropriate. 2. The investigating supervisor may take appropriate remedial measures at the Bureau level on sustained informal complaints which shall be restricted to coaching and counseling, and if appropriate, remedial training to address the complainant’s concerns and improve the Member’s performance. Coaching and Counseling documents are not discipline, and shall be exempt from the provisions of this Article. 3. After obtaining information reasonably satisfactory to conclude the inquiry or investigation, the investigating supervisor shall notify the complainant about the resolution and, if appropriate, any remedial measures taken. If the complainant is unsatisfied with the resolution and, if appropriate, remedial measures, the complainant should be referred to the PIU where they may file a formal complaint under this Section and KRS 15.520. 4. If after the inquiry or investigation, the investigating supervisor reasonably believes the Incident requires further investigation as a formal complaint, and the complainant declines to file a formal complaint, the investigating supervisor or a superior officer shall file a complaint with PIU as provided under this Section and KRS 15.520. 5. Action taken at the Bureau level will be accurately documented via the currently approved informal complaint reporting method. All informal complaints shall be forwarded by the investigating supervisor via the chain of command to the PIU for entry into the Early Indication System (IAPro). 37 Section 4. Investigation Procedure: A. The forty-eight (48) hour written notice required by KRS 15.520(5)(c) shall include a copy of the complaint or other written information sufficient to advise the Member of the reason for the interrogation and whether the Member is the subject of the investigation at the time written notice is given. If during the investigation, the Member becomes the subject of an investigation, the investigator has no obligation to stop the interrogation and inform the Member that the Member is now the subject of an investigation. B. A Member may be required to submit a written report no later than the end of the Member's next tour of duty as specified in KRS 15.520(5)(d). C. Statements or interviews of Members under investigation shall be recorded. Statements obtained from complainants, either sworn or otherwise, shall be recorded and transcribed. Non-recorded statements may be taken from a civilian witness who refuses to give a recorded statement. D. Upon request of the Member under investigation or their Lodge representative, the Member shall be provided a copy of the recording of their interview. The Member shall provide the Public Integrity Unit with blank recording media at their expense. E. Unless a collateral criminal investigation related to the allegations in the complaint is pending regarding a Member, or criminal charges are filed against the Member, L.F.U.C.G. shall conduct all administrative investigations regarding misconduct within sixty (60) calendar days. The sixty (60) calendar day time shall begin with the date that the complaint affidavit, signed and sworn to, is filed with the PIU and end on the date the investigation is complete. 38 1. The assigned investigator or designee may request in writing additional extensions of up to sixty (60) calendar days per each extension request from the Chief of Police when extenuating circumstances require the investigation to exceed the sixty (60) calendar day limit. The member shall be timely notified, in writing of the request and whether an extension was granted by the Chief of Police. F. Where a collateral criminal investigation related to the allegations in the complaint is pending against any suspect or when criminal charges are pending or filed against a Member, L.F.U.C.G. may hold all administrative investigations about the complaint in temporary abeyance until final disposition of the criminal investigation or charges, whichever occurs later. Upon final disposition of the criminal charges, the preceding time limit under subsection E, including extensions, for administrative investigations shall be followed. G. When a complaint alleges criminal misconduct by a Member that may be subject to administrative investigation after the disposition of the criminal investigation or charges, the Member shall be provided a written copy of the complaint within seven (7) calendar days of the disposition of a collateral criminal investigation or charges. If the complaint alleges misconduct not constituting criminal activity nor subject to a collateral criminal investigation, the Member shall be provided a written copy of the complaint within twenty-one (21) calendar days from the date the complainant signs the complaint and at least forty-eight (48) hours prior to interviewing the Member. 39 H. Upon completion of the PIU investigation, the assigned investigator or designee shall prepare a written summary of the investigation findings to the Chief. I. Prior to any disciplinary hearing before the L.F.U.C.G. Urban County Council, L.F.U.C.G. shall provide the Member any written statements or other information in the possession of the LPD and used in connection with the disciplinary action against the Member except for attorney work product. Likewise, the Member and Lodge shall provide L.F.U.C.G. and the LPD with any written or recorded statements or other information in their possession regarding the disciplinary action against the Member except for attorney work product. The written statements or other information shall be provided to the Member or L.F.U.C.G. no later than fourteen (14) calendar days prior to the hearing unless a hearing is required by statute and scheduled within three (3) days. J. The PIU shall provide a status update of its investigation in a timely manner upon request of the affected Member or their Lodge Representative. This update will include an estimated completion date. K. No threats, promises, or coercions shall be used at any time against any Member while they are a suspect in a criminal or administrative investigation. Suspensions from duty with or without pay, or reassignment to other than an officer’s regular duties during the period shall not be deemed coercion. Prior to or within twenty- four (24) hours after suspending the Member pending investigation or disposition of a complaint, the Member shall be advised in writing of the reasons for the suspension. 40 L. No Member as a condition of continued employment with the LPD shall be compelled to speak or testify or be questioned by any person or body of a nongovernmental nature. L.F.U.C.G. and the Lodge mutually agree to recognize the Disciplinary Review Board (“DRB”) comprised, in part, of citizen-members as a governmental body for purposes of this subsection. Section 5. Discipline Procedures A. The assigned PIU investigator shall submit a written summary of the investigation findings to the Chief within seven (7) calendar days after the completion of the investigation. B. Upon receiving the PIU investigative findings and recommendations, the Chief will review the complaint and will determine one of the following: 1. Proper Conduct: The allegation is true, but the actions of the Member did not constitute misconduct and were consistent with LPD policies and procedures. 2. Improper Conduct: The allegation is true; the actions of the member constituted misconduct. 3. Insufficient Evidence: There is insufficient evidence to either prove or disprove the allegations. 4. Unfounded Complaint: Either the allegation is demonstrably false or there is no credible evidence to support it. 5. Policy Failure: The incident occurred but was lawful and proper in accordance with LPD policies and procedures; however, a review of such policies and/or additional training is necessary. 41 C. If the Chief determines that the findings of the PIU investigation conclude there is either Proper Conduct, Insufficient Evidence, Unfounded Complaint, or Policy Failure, the Chief or their designee, will communicate the conclusions in writing to the complainant and the Member and will advise both parties of their intention to conclude the disciplinary process. D. If the Chief determines that findings of the PIU investigation support the allegation of Improper Conduct by the Member, the Chief of Police may recommend disciplinary action consistent with applicable law and this agreement. The Chief has the option to either: 1. The Chief, at their sole discretion, may meet with the Member to present recommended disciplinary charge(s) and proposed sanction(s). The Chief shall have thirty (30) days from receipt of the written summary of the investigative findings to schedule the meeting with the Member. The Member shall be advised of the recommended disciplinary charge(s) and proposed sanction(s) in writing. If the Chief meets with the Member and makes a discipline recommendation, the Member shall have forty-eight (48) hours to accept or reject, in writing to the Chief, or their designee, the recommended disciplinary charge(s) and proposed sanction(s); or 2. The Chief, at their sole discretion, may choose not to recommend discipline charge(s) and proposed sanction(s) to the Member, or if the Member, rejects the Chief’s recommended discipline charge(s) and proposed sanction(s), the Chief, or their designee, shall direct the PIU to prepare the complete 42 investigative file and schedule a presentation of the formal complaint investigation to the DRB. 3. This meeting with the Chief and Member shall be considered a discipline settlement conference and not subject to the requirements under Section 7 of this Article “Lodge Representation”. E. If the Member chooses to accept the recommended discipline charge(s) and proposed sanction(s), the PIU shall prepare an Agreement of Conformity summarizing the allegations, discipline charge(s) and sanction(s) and serve a copy on the Member. After the Member has reviewed, accepted, and signed the Agreement of Conformity, the Chief, or their designee, shall forward to the L.F.U.C.G. Council Clerk to include on the agenda of the L.F.U.C.G. Urban County Council. F. If the Member’s disciplinary action is referred to the DRB for review and recommendation, the Member shall appear before the DRB as directed, with a Lodge representative if the Member desires. The Lodge representative may act only as an advisor to the Member and shall not participate in the meeting before the board. 1. Any Member who fails to make an appearance and respond to questions before the DRB may be independently charged with insubordination and subject to additional discipline sanctions, including termination. Any Member who makes false statements before the DRB may be independently charged for dishonesty and subject to additional discipline sanctions, including termination. 43 2. Prior to the Member appearing before the DRB, the Member or their Lodge Representative shall be provided, upon written request, a complete copy of the investigative file in electronic format. The records contained in the investigative file provided to the Member shall be treated as preliminary personnel records for the confidential use by the Member and their Lodge Representative in preparing a response to the allegations. No records shall be published or disclosed for any purpose other than the Member’s response to and defense of the allegations of the complaint. At the conclusion of all discipline proceedings, including any right of appeal, the Member shall return to L.F.U.C.G. or destroy the complete copy of the investigative file. G. The assigned PIU investigator, or designee, shall present the findings of the PIU investigation, including all relevant information and evidence to the DRB. Following the PIU presentation, the Member shall have the opportunity to present any relevant information and evidence in their defense. DRB members may direct questions to the assigned investigator and/or Member, relevant to the circumstances and subject matter of the complaint. H. At the conclusion of the Member’s presentation, the DRB shall deliberate confidentially without the Member and their Lodge representative present. The DRB shall consider the criteria under Section 5(B) and determine if the allegations of Improper Conduct are supported by the information and evidence presented by PIU and the Member. The DRB’s decision shall be made by majority vote. If the DRB determines Improper Conduct, the DRB shall further deliberate confidentially without the Member and their Lodge representative present to make further 44 recommendations regarding an appropriate discipline sanction(s). Upon the DRB members reaching a majority vote for the recommended discipline sanction(s), the Member and their Lodge representative shall appear before the DRB and be informed of the recommendation. I. If the DRB votes to make a recommendation of discipline charge(s) and proposed sanction(s), the recommended discipline charge(s) and proposed sanction(s) shall be reduced to writing and served on the Member at the conclusion of the meeting. The DRB’s recommendation(s) will be forwarded to the Chief for further action. J. The Chief shall accept, reject, or alter the DRB’s disciplinary action recommendations within thirty (30) days of the conclusion of the DRB meeting. The Chief may, at their sole discretion, meet with the Member again before making their recommendation in writing to the Member. The Member shall be given at least forty-eight (48) hours to advise the Chief or designee, in writing whether they accept or reject the Chief’s recommended disciplinary charge(s) and proposed sanction(s). This meeting with the Chief and Member shall be considered a discipline settlement conference and not subject to the requirements under Section 7 of this Article “Lodge Representation”. K. If the Member rejects the recommended disciplinary charge(s) and proposed sanction(s) from the Chief, or their designee, the Chief shall forward the recommended disciplinary charge(s) and final proposed sanction(s) to the L.F.U.C.G. Department of Law, who upon receipt, shall prepare charges to be filed with the L.F.U.C.G. Council Clerk within sixty (60) days. Upon filing charges with the L.F.U.C.G. Council Clerk, L.F.U.C.G. shall comply with all requirements, 45 under KRS 15.520, KRS 95.450, and this Agreement, unless waived or otherwise mutually agreed in writing, including the scheduling of the hearing. L. For the purposes of any time limits outlined in KRS 15.520, any discipline charge(s) and recommended sanction(s) are considered issued upon service to Member. M. When a hearing is to be conducted by the L.F.U.C.G. Urban County Council, L.F.U.C.G. and LPD shall make available to testify at the hearing any L.F.U.C.G. employees who have information related to the misconduct addressed in the investigation when requested by the Member or their Lodge representative. N. When requested by the Member, prior to a hearing conducted by the L.F.U.C.G. Urban County Council, the L.F.U.C.G. Council Clerk shall issue subpoenas requiring the attendance of witnesses and the production by them of books, papers, records, and other documentary evidence. O. At the conclusion of discipline procedures resulting in the complaint being determined to be Improper Conduct, the Chief or their designee will notify the complainant in writing about the investigation's final disposition. Section 6. Disciplinary Review Board A. The Disciplinary Review Board (DRB) shall consider the following founded complaints made against Members: 1. Discipline referrals where the Chief declined to recommend charge(s) and proposed sanction(s); or 2. Where a Member has rejected the Chief's recommended discipline charge(s) and proposed sanction(s). 46 B. L.F.U.C.G. agrees to consult with the Member on the date and time for any DRB proceedings described under Article 15. L.F.U.C.G. agrees to schedule these proceedings, without haste, but in good-faith recognition of calendar conflicts and other reasonable delays. C. The DRB shall consist of nine (9) members. Five (5) members shall be either Assistant Chiefs or Commanders who are not in the chain of command of the accused Member. Two (2) members shall be supervisors covered by this Agreement appointed by the Lodge President for a two (2) year term. The Lodge President may appoint an alternate to serve in said capacity. Two (2) members shall be Fayette County residents appointed by the Mayor and approved by the L.F.U.C.G. Urban County Council ("Citizen-member"). The Mayor shall also appoint an alternate Citizen-member to serve in said capacity. The minimum criteria for service as a Citizen-member shall be: 1. All Citizen-members must reside in Fayette County as of the date of approval by the L.F.U.C.G. Urban County Council and maintain Fayette County residency during all periods of their term. 2. All Citizen-members must be 21 years old or older. 3. All Citizen-members shall not have any: a) Felony convictions; or b) Misdemeanor convictions within the last five (5) years D. The Chairperson for the DRB shall be appointed by the Chief. A representative of the L.F.U.C.G. Department of Law shall serve as a liaison to the DRB in a non- 47 voting capacity. Any person filing a complaint or responsible for investigating the allegations against the Member shall not be a DRB member. E. The DRB proceedings and its members shall adhere to federal, state, and local laws regarding the confidentiality of personnel matters for public employees. Section 7. Lodge Representation A. A Member shall have the right to have a Lodge representative present when all of the following conditions exist: 1. A Member is questioned by a supervisor in connection with an investigation about an incident or complaint; and, 2. A Member reasonably believes that the incident or complaint under investigation may result in discipline of the Member, or if the Member has been served with recommended discipline charges; and, 3. A member requests representation. B. The Member’s right to Lodge representation shall include a supervisor’s requests for a written statement in connection with an investigation of an incident or complaint and the Member reasonably believes that the incident or complaint under investigation may result in discipline of the Member. C. The Lodge agrees to have a Lodge representative available for all shifts, twenty- four (24) hours a day to provide representation to Members without unreasonable delay. The Lodge shall provide a list to the Chief, or designee, a week prior to each quarterly RDO switch of Lodge representatives available during each shift. 48 D. L.F.U.C.G. does not need to delay an interview or written statement so a Member can have their preferred Lodge representative, as long as a qualified Lodge representative is available and present. E. For all purposes under Article 15, “Lodge Representative” shall mean a designated Member of the Lodge or FOP attorney representing the Member as appropriate. ARTICLE 16 PERSONNEL FILES Section 1. Personnel files and any other Member files and records are the sole responsibility and property of the L.F.U.C.G. This Article is subject to all applicable State and Federal laws. Section 2. L.F.U.C.G.'s responsibilities for Member files include upkeep, retention, production, and purging of files. Section 3. L.F.U.C.G. shall maintain Member confidentiality to the full extent permitted by law and access to a Member's personnel records shall be restricted to the following: A. Member who is the subject of the file or authorized (in writing) representative may review their own records upon request. B. Any Employee in a rank higher than the Member's. C. Chief and/or designee. D. Director of Division of Human Resources and/or designee. E. Member of the Department of Law 49 F. The Public Integrity Unit, Personnel Records Unit, the Open Records Unit and/or the Computer Information Services Unit, but only to the extent necessary to carry out their functions. Section 4. No file, record or content therein of which a Member has not been previously advised will be utilized against the Member for matters of discipline. Section 5. L.F.U.C.G. shall follow retention schedules for Member files that comply with applicable laws and regulations. In the event a subpoena or Open Records Request is served on L.F.U.C.G., it shall immediately notify the Member and/or the Lodge. Section 6.

2021-2025 Officers and Sergeants Collective Bargaining Agreement.pdf

Document Details

Tags

Related

Full Transcript

Upgrade to continue