DM 21-06.pdf

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. DEPARTMENT MEMORANDUM 10/29/2021 10/26/2021 21-06 SUBJECT AMENDS C...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. DEPARTMENT MEMORANDUM 10/29/2021 10/26/2021 21-06 SUBJECT AMENDS Collective Bargaining Agreement between the Board of Police Commissioners of Kansas City, Missouri and Fraternal Order of Police Lodge No. 99 (Civilian Unit) REFERENCE RESCINDS DM 17-11 The Collective Bargaining Agreement between the Board of Police Commissioners of Kansas City, Missouri and Fraternal Order of Police, Lodge No. 99, is effective October 26, 2021, and is projected to remain in effect until May 31, 2024. Please see the attached document to read the full agreement. Richard C. Smith Chief of Police DISTRIBUTION: All Department Personnel Public View Master Index - Internet Department Master Index - Intranet Policy Acknowledgement SyStem (PASS) 2021-2024 Agreement Collective Bargaining Agreement between the Board of Police Commissioners of Kansas City, Missouri and Fraternal Order of Police Lodge No. 99 {Civilian Unit) (2021-2024) 2021-2024 Agreement PREAMBLE This CBA ("CBA" or "Agreement") is made and entered into by the Board of Police Commissioners of Kansas City, Missouri (BOPC), its successors, and assigns and the Fraternal Order of Police, Lodge No. 99, its successors, and assigns (FOP). WHEREAS, the parties enter into this Agreement for the purpose of memorializing agreements and providing dialogue mechanisms to improve overall employee satisfaction and the performance of the Kansas City Police Department, and to fulfill BOPC's obligations under Missouri law and subsequent Missouri Court decisions. WHEREAS, the employees covered by this Agreement shall be able, without fear of penalty or reprisal, to engage in or refrain from membership activities and to provide input and make recommendations to the FOP who will represent such employees consistent with Missouri Law in their dealings with the BOPC on terms and conditions of employment; NOW THEREFORE, the parties agree as follows: ARTICLE 1 RECOGNITION Section 1. The BOPC recognizes and acknowledges that the FOP is the exclusive authorized representative of all regular full-time and part-time civilian employees employed by the Board of Police Commissioners of the Kansas City, Missouri ("Board"), excluding all civilian managers, directors and confidential employees (hereinafter "BARGAINING UNIT EMPLOYEES," "employees," or "members.") The Bargaining Unit also excludes all entrant officers (who are otherwise prospective members of the sworn bargaining unit upon completion of their probationary period). Section 2. This Agreement shall not prejudice the rights of any BARGAINING UNIT EMPLOYEE to refrain from engaging in membership in or activity with the FOP. Section 3. It is understood that the sole purpose of this Agreement is to allow the FOP to represent all BARGAINING UNIT EMPLOYEES in the above described unit in the exercise of the rights of said BARGAINING UNIT EMPLOYEES expressly set forth in the provisions of this Agreement. Section 4. The FOP shall fully and fairly represent all BARGAINING UNIT EMPLOYEES in the unit regardless of their membership status AS REQUIRED UNDER APPLICABLE LAW. 2021-2024 Agreement ARTICLE 2 MANAGEMENT RIGHTS The BOPC, in accordance with Missouri state statutes, possesses the sole power to manage the Department. No court, agency or other tribunal shall have authority to find the BOPC or the FOP are bound to do or refrain from doing anything unless it is clear from the express provisions of this Agreement between the FOP and BOPC that the result was intended by the parties. Nothing in this Agreement reached between the parties shall limit or modify the rights and responsibilities of the BOPC under Chapter 84 of Missouri Revised Statutes. Unless otherwise agreed to in writing, it is expressly agreed that BOPC shall possess and have the sole and exclusive right to: a. Determine the mission of the Department; b. Plan, direct and control all the operations of and services of the Department; c. Hire, assign, promote, transfer or lay off employees; d. Determine the method, means, organization, job classifications, job duties, equipment and supplies needed to carry out the mission of the Department; e. Re-organize the Department in a manner it deems appropriate; f. Schedule operations and determine the number and duration of hours of assigned duty each week, including the right to implement compensatory time in compliance with the provisions of 7(o) of the Fair Labor Standards Act (with notification to the FOP prior to performance of the work); g. Determine the level of supervision; h. Develop training and selection programs; i. Utilize contractors as deemed appropriate; j. Discipline, demote or discharge for cause as exclusively determined by the Board of Police Commissioners pursuant with Chapter 84 of Missouri statutes; k. Determine methods, procedures, policies, orders, rules, facilities and regulations relating to the management of the Department; I. Take whatever actions, in its judgment, are required to take to carry out the mission of the Department in emergency situations. 2021-2024 Agreement The failure of BOPC to exercise any such right shall not be deemed a waiver of any such power or right or a modification of this Agreement. ARTICLE 3 BARGAINING UNIT MEMBERSHIP Section 1. It is agreed that any BARGAINING UNIT EMPLOYEE, as defined in Article 1, Section 1, above is free to join and assist the FOP without fear of retaliation of any kind. Neither the BOPC nor any Department commander, representative or agent of the Department shall interfere with, restrain, coerce, or intimidate an employee in the exercise of his/her right to join or refrain from joining the FOP. Neither the BOPC nor any Department commander, representative or agent of the Department shall discriminate against any BARGAINING UNIT EMPLOYEE with regard to employment, including but not limited to promotions because he/she has formed, joined, or chosen to be represented by the FOP or because he has given testimony or taken part in any proceeding or other hearing, negotiation or conference on behalf of the FOP recognized under the terms of this CSA. Section 2. All BARGAINING UNIT EMPLOYEES shall have the same right to refrain from membership with the FOP. The FOP agrees that it will not interfere with, restrain, coerce, or intimidate any employee in the exercise of his right to join or refrain from joining the FOP, but every employee has the right to choose of his/her own free will whether he/she will join the FOP. ARTICLE 4 DUES DEDUCTION The Department shall deduct FOP dues from the bi-weekly paychecks of each member, who voluntarily signs and remits to the Department a dues deduction authorization form. The written authorization shall remain in effect until the member gives written notification to both the FOP and the Department of his or her desire to terminate dues deduction, which will only be allowed from December 1st to December 31st of each calendar year in accordance with the FOP's bylaws. Once such termination notice is delivered, the Department shall stop dues deduction for that member. The FOP shall notify the Department of any change to the dues amount, and the Department shall have thirty days to adjust the amount deducted from members' pay checks. The Department shall deposit the withheld amounts into the FOP's designated account by the Tuesday following the issuance of members' paychecks. After each pay period, the· Department for tracking purposes shall provide the FOP with electronic documentation showing the members' names, who had their dues deducted from their individual paychecks. 2021-2024 Agreement ARTICLE 5 NON-DISCRIMINATION Section 1. The provisions of this CBA, in accordance with applicable Federal and State Laws, shall be applied equally to all BARGAINING UNIT EMPLOYEES without discrimination as to sex, marital or familial status, race, color, religion, national origin, disability, political affiliation, age, sexual orientation, gender identity, veteran status, or any other characteristic protected by law; provided, however, the prohibition on disability discrimination does not, however, exempt BARGAINING UNIT EMPLOYEES from the requirement that they be able to perform the essential functions of their jobs in accordance with applicable provisions of the Americans With Disabilities Act (ADA), as amended, and as applied or interpreted by courts of competent jurisdiction. Section 2. In instances where the parties have made reference to "he" or "she" in this CBA, the reference shall be interchangeable and non-discriminatory. Section 3. The FOP will represent BARGAINING UNIT EMPLOYEES without discrimination as to sex, marital or familial status, race, color, religion, national origin, disability, political affiliation, age, sexual orientation, gender identity, veteran status, or any other characteristic protected by law. ARTICLE 6 DISPUTE RESOLUTION Section 1. In the event a BARGAINING UNIT EMPLOYEE has a dispute over the interpretation or application of this Memorandum reached between the parties, it shall submit the issue by a grievance, in writing, at the Manager (or other designee) above the supervisory level at which the grievance arises within ten (10) days of the incident giving rise to the grievance which specifies the specific provision or provisions allegedly violated. A copy of the grievance shall also be provided to the Executive Officer for the Chief of Police. Grievances not filed or appealed to the next step according to the time limits contained in this Article shall be a waiver of the grievance. There shall be no right to arbitrate management rights set forth in Article 2, but a dispute over any term of this Agreement other than those matters reserved exclusively to BOPC in Article 2 may be the subject of a grievance. Section 2. Step 1 - The Manager or other designee receiving the grievance, shall respond to the grievance within fifteen (15) days of receipt of the grievance. If the Commander does not respond within the assigned time limit, the grievance shall automatically move to the next step 2. Section 3. Step 2 - If the matter is not satisfactorily resolved at the Commander level, the BARGAINING UNIT EMPLOYEE may advance the grievance to the Chief of Police or his designee. The Chief of Police or designee shall have fifteen (15) days to respond to the grievance. 2021-2024 Agreement Section 4. Step 3 - In the event efforts to resolve the grievance are unsuccessful, the FOP may submit a request for a panel of seven (7) arbitrators from FMCS within twenty (20) days after the response from the Chief of Police. The request shall be for binding arbitration. The parties shall flip a coin to determine who picks first and alternate strikes from the panel until an arbitrator has been selected, Section 5. The arbitrator shall conduct a hearing on a date mutually agreed upon. Unless otherwise ordered by the arbitrator, the expenses of the arbitrator shall be borne by the losing party. The arbitrator shall not have authority to alter, modify, amend or detract from the terms of this CBA. The arbitrator shall issue a decision within thirty (30) days of conclusion of the hearing. The arbitrator's binding decision shall be in writing. Binding arbitration shall be the exclusive remedy for alleged violations of this CBA. The parties agree that binding arbitration shall be used in lieu of further judicial remedies. Section 6. The decision of the arbitrator shall be final but either party may file an action within twenty (20) days of the decision of the arbitrator, in the Circuit Court of Jackson County, Missouri, alleging the award does not draw its essence from this CBA, was procured by fraud, violates a well-defined and explicit public policy, or that the arbitrator exceeded his jurisdiction (not arbitrable), was evidently partial or engaged in prejudicial misconduct. ARTICLE 7 LABOR MANAGEMENT COMMITTEE There shall be a Labor/Management Committee with representation from both sides. The Committee shall be co-chaired by representatives of the Department and the FOP. The Committee shall meet on a quarterly basis and shall discuss issues of importance to both sides. The Co-Chairs are responsible for forwarding agenda items to the other side at least ten (10) days prior to the scheduled meeting. The meeting's final agenda shall be developed and circulated by the Chief of Police's Executive Officer. The Committee shall meet during the first fifteen (15) days of every quarter on the date agreed upon by the parties. The purpose of the committee shall be to discuss issues of importance to both sides and create a forum to encourage constructive discussions of differences. The representatives of the Department and the members of FOP's Executive Board shall avoid negative criticism of each other and their respective organizations in public forums and instead they shall use this committee to reduce and resolve such differences. Minutes of the meeting shall be produced and circulated to the FOP Executive Board and the individual members of the Board of Police Commissioners. The Committee is not vested with the power to change, modify or alter this Agreement. ARTICLE 8 REDUCTION IN FORCE 2021-2024 Agreement In the event of a reduction in force or reduction in ranks, layoffs or demotions shall be accomplished by unit and classification in reverse order of overall Department seniority, provided the remaining employees have the skills, experience, qualifications and/or certifications to perform the work of the Department. In the event of future vacancies, employees in layoff status will be recalled to positions from which they were previously laid off or were otherwise qualified, with preference given to employees who were previously laid off from such position and/or classification. In the event of substantially equal qualifications among other employees, preference shall be by overall Department seniority. Recall rights will expire after three (3) years of continuous layoff, although such employees shall remain eligible for rehire. Prior to announcing any layoff, the BOPC will provide the FOP at least 72 hours notice and, if requested by the FOP, the parties will meet and confer regarding potential alternatives or modifications to the prospective layoff. Such meet and confer process will not delay the layoff unless mutually agreed by the parties. The FOP agrees that prior to the announcement, it will keep the layoff confidential. ARTICLE 9 NO STRIKE/NO LOCKOUT Section 1. The FOP agrees that neither it nor any of the BARGAINING UNIT EMPLOYEES covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. The BOPC agrees that it will not lock out any of the BARGAINING UNIT EMPLOYEES covered by this Agreement. Injunctive relief shall be an appropriate remedy for violations of this article. Jurisdiction shall be in the Circuit Court of Jackson County, Missouri with venue at Kansas City. Failure or refusal on the part of any BARGAINING UNIT EMPLOYEES to comply with any provision of this Article shall be cause for disciplinary action, including suspension or discharge as the BOPC shall deem appropriate. Section 2. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing or other action or omission that interferes with work or the efficient operation of the Department, the FOP shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the BOPC, instructing those BARGAINING UNIT EMPLOYEES engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the direction of the Department or the BOPC. The FOP'S communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary action as the BOPC deems appropriate. The failure of the FOP to promptly so act, after notice by the BOPC, shall be construed to mean the FOP sanctioned or condoned the actions of the BARGAINING UNIT EMPLOYEES involved. If the FOP does promptly so act, such 2021-2024 Agreement actions shall be construed, absent other inconsistent acts by the FOP, to demonstrate that it did not sanction or condone the unlawful and/or prohibited acts. Section 3. The BOPC may exercise its ability to withdraw recognition of the FOP as set forth in Article 6 if the FOP sanctions or condones the actions or omissions prohibited by this Article. ARTICLE 10 SEVERABILITY It is specifically agreed that the provisions of this CBA are declared to be severable. If any Section, Article, provision, sentence, clause, phrase or part of this CBA is judicially determined to be void, illegal or unenforceable, the remainder of the CBA shall continue in full force an effect and be binding on the parties hereunto. If any Section, Article, provision, sentence, clause, phrase or part of this CBA is judicially determined to be void, illegal or unenforceable, the FOP or the BOPC may exercise the right to request renegotiations of the part or parts of this CBA which are declared void, illegal or unenforceable. During such renegotiations, the remainder of this CBA shall remain in full force and effect, provided that these provisions are not declared void, illegal or otherwise unenforceable. ARTICLE 11 FOP DESIGNEE The FOP Designee, whose responsibilities are outlined in Article 11 of the Agreement covering sworn officers of the rank of sergeant and below shall also be responsible for representing members of the civilian bargaining unit. ARTICLE 12 BARGAINING UNIT EMPLOYEE RIGHTS Section 1. DISCIPLINE AND RISK MANAGEMENT COORDINATOR The Chief shall designate a Major as the Education, Accountability and Disciplinary Coordinator (Coordinator) who coordinates the Department's disciplinary process, identifies officers in need of educational and remedial assistance, and ensures thorough and consistent review of use of force incidents. The Coordinator's primary responsibility, however, shall be to fulfill the duties as outlined in this Article. Section 2. REPORTING: UNIT INVESTIGATIONS/RESPONSE TO RESISTANCE REPORTSNEHICULAR ACCIDENT REPORTS (a) Supervisors and/or Commanders who become aware of an incident(s) that may give rise to discipline shall, as soon as possible and practicable and in a timely 2021-2024 Agreement manner, prepare the proper disciplinary forms that list the potential policies violated and briefly summarizes the facts giving rise to the potential policy violation, and if required, provide the BARGAINING UNIT EMPLOYEE with notice of said investigation or any administrative investigation and/or complaint filed against them. (b) All Response to Resistance reports must be initiated and generally should be completed before the end of the shift in which the incident at issue occurred, provided that any statements are in accordance with the law, BARGAINING UNIT EMPLOYEES shall be allowed no more than two (2) working days to complete any Response to Resistance report and provide the case report number, date, time and location to his or her supervisor. In addition to the member's chain of command, the Coordinator will review all completed Response to Resistance reports. (c) If an employee is involved in a vehicular accident and he or she is physically capable of doing so, he or she must provide the case report number, date, time and location and citizen's information (if applicable) to OGC or its designee before the end of the shift in which the accident occurred. BARGAINING UNIT EMPLOYEES wishing to provide any written response regarding their involvement in the vehicular accident shall be allowed two (2) working days to complete such a response. Section 3. REPRESENTATION & QUESTIONING (a) In the event a BARGAINING UNIT EMPLOYEE is required to provide a written statement or participate in an investigatory interview and the BARGAINING UNIT EMPLOYEE reasonably believes that the interview could lead to discipline, demotion, dismissal, transfer or transfer or resulting in economic loss as defined in Section 590.502(3) RSMo (2021), the following applies: 1. The BARGAINING UNIT EMPLOYEE will be provided a reasonable amount of time to secure an FOP representative or attorney not to exceed twenty-four (24) hours. The FOP and the Department may agree to extend this twenty-four (24) hour requirement. 2. The BARGAINING UNIT EMPLOYEE'S representative or attorney will be allowed to accompany the BARGAINING UNIT EMPLOYEE at the investigatory interview and confer with the BARGAINING UNIT EMPLOYEE but will not be allowed to interfere with or disrupt the interview process. 3. The BARGAINING UNIT EMPLOYEE shall be provided with notice of a formal investigation, said notice informing them of the existence and nature of any alleged violation and the individual, agency or other entity conducting the investigation. 2021-2024 Agreement 4. At least 24 hours prior to any interview, questioning or interrogation, the BARGAINING UNIT EMPLOYEE shall be provided with a copy of any complaint that is the basis of the alleged violation. Personally identifiable information may be redacted from any such complaint. (b) lnterviews of BARGAINING UNIT EMPLOYEES may be conducted by members of the IAU or by the Chief of Police's designee, such as an outside­ investigative agency investigating officer use of force incidents, Harassment and/or Discrimination allegations, or any other incidents as requested by and/or on behalf of the Department. (c) Interviews conducted by IAU will be recorded. (d) BARGAINING UNIT EMPLOYEE shall be provided a Garrity warning prior to any questioning by IAU. If an outside-investigative agency is conducting the investigation, the BARGAINING UNIT EMPLOYEE will be ordered, in writing or otherwise, to provide a statement by their supervisor and/or a commander. (e) BARGAINING UNIT EMPLOYEES, who are witnesses or who are not the subject of the investigation, may request to have a representative when providing a statement in connection with Harassment and/or Discrimination investigations or an attorney if the BARGAINING UNIT EMPLOYEE reasonably believes could lead to disciplinary action. (f) Harassment and/or Discrimination investigations shall proceed consistent with the Discrimination and/or Harassment Personnel Policy in effect at the time 6f the investigation. Section 4. DISCIPLINARY PROCESS (a) Coordinator Review. After the completion of the internal affairs process or a supervisory administrative investigation, all investigatory information from IAU or an outside investigatory agency or any documentation compiled by the member's immediate supervisor shall be forwarded to the Disciplinary Coordinator. Disciplinary Coordinator may request that the BARGAINING UNIT EMPLOYEE submit an interdepartmental communication outlining the BARGAINING UNIT EMPLOYEE'S version of events, provided that any such statement is in accordance with the law. (b) Chain of Command Responsibilities. The Disciplinary Coordinator shall contact each member of the BARGAINING UNIT EMPLOYEE'S chain of command to obtain any mitigating or aggravating information they believe is relevant to the disciplinary determination. The BARGAINING UNIT EMPLOYEE'S chain of command and the Coordinator shall make all reasonable efforts to promptly proceed with this process and avoid unnecessary delay. 2021-2024 Agreement (c) Disciplinary Determination. All information, evidence and statements gathered in the investigation shall be forwarded to the Coordinator, unless otherwise agreed upon by the FOP and the Chief of Police. The Coordinator shall review the investigation record and any mitigating or aggravating information, complete any required disciplinary forms, and provide a factual summary of said investigation and the disciplinary determination, if any, to the BARGAINING UNIT EMPLOYEE within five (5) days of Coordinator's receipt all information, evidence and statements and chain of command information or Disciplinary Coordinator deems relevant to the investigation. The Disciplinary Coordinator, shall have the authority to issue disciplinary determinations up to a five (5) day suspension without pay. Any disciplinary determination regarding more than a five (5) day suspension, regardless of its source, must be reviewed and affirmed by the Chief or his or her designee. (d) Discrimination and Harassment Investigations. In the case of a violation of the Department's discrimination and harassment policy, the Coordinator shall confer with the HRD and Administration Bureau Commander in lieu of the chain of command and/or in accordance with the Department's discrimination and harassment policy. Section 5. FORMAL INVESTIGATIVE FILE REVIEW (a) Upon request of the BARGAINING UNIT EMPLOYEE the Department shall provide a copy of the entire record, including but not limited to audio, video, and transcribed statements to the officer or the officer's representative within five (5) business days of the BARGAINING UNIT EMPLOYEE'S written request unless otherwise agreed upon by the parties. The Department may request a protective order to redact all personally identifying witness information. All parties shall comply with 590.502(2)( 14) RS. Mo. (2021) regarding the confidentiality of the file. (b) Within five (5) business days from the date the BARGAINING UNIT EMPLOYEE received the entire record as provided in subparagraph (a), the BARGAINING UNIT EMPLOYEE or his or her representative may request to meet with the Disciplinary Coordinator to provide any information the BARGAINING UNIT EMPLOYEE believes should be considered as part of the disciplinary determination. After meeting with the BARGAINING UNIT EMPLOYEE, the Disciplinary Coordinator shall review that information and may reduce the disciplinary determination, if so warranted. The Disciplinary Coordinator may not increase the discipline for the matter being considered by the Disciplinary Coordinator. The Disciplinary Coordinator shall provide his or her final determination or any adjustments to the BARGAINING UNIT 2021-2024 Agreement EMPLOYEE within five (5) business days of the meeting with the BARGAINING UNIT EMPLOYEE, unless the such time frame is extended by mutual agreement. (c) The FOP and/or the BARGAINING UNIT EMPLOYEE or their attorneys shall not disclose any of the contents or information in the investigative file to anyone not involved in the representation of the employee. The FOP representative and attorney may consult with the FOP Executive Board about the contents of the file for advice and consultation prior to discipline being imposed, grieved or challenged for the purposes of the Lodge meeting its duty of fair representation to the BARGAINING UNIT EMPLOYEE. FOP E-Board members shall keep any such matters confidential and shall not disclose the contents or information in the investigative file. (d) The FOP nor the BARGAINING UNIT EMPLOYEE nor anyone acting on behalf of the FOP or the BARGAINING UNIT EMPLOYEE shall not contact any witness who have already been interviewed in the case about the substance of their statement or their willingness to provide a statement to the Department or members. Notwithstanding this provision, the BARGAINING UNIT EMPLOYEE and BARGAINING UNIT EMPLOYEE'S FOP representative or attorney are not prohibited from contacting any witness after discipline is imposed and is grieved or challenged for purposes of representation of the BARGAINING UNIT EMPLOYEE in any disciplinary appeal, consistent with the Code of Ethics and Rules of Conduct, Section II (D); Section 6. GRIEVENCES & DUE PROCESS HEARINGS (a) Once a final determination is made, the BARGAINING UNIT EMPLOYEE may grieve the discipline pursuant to Department Policy or for suspensions of more than 14 days, demotions, or terminations, to the BOPC. (b) BARGAINING UNIT EMPLOYEES who are suspended without pay, demoted, terminated, transferred or placed on a status resulting in economic loss are entitled to rights pursuant to RS.Mo. 590.502(3). If a BARGAINING UNIT EMPLOYEE wishes to exercise said rights, the BARGAINING UNIT EMPLOYEE shall notify the Coordinator in writing within seven calendar days of his or her request for a hearing. The Coordinator, upon receiving such notice, shall schedule a meeting with the BARGAINING UNIT EMPLOYEE and his or her representative to review the matter. (c) If the matter is not resolved, the Coordinator will notify the designated review panel, hearing officer, or other individual or entity tasked with ensuring rights pursuant to RS.Mo. 590.502(3), and a hearing will be scheduled. 2021-2024 Agreement (d) The hearing shall be conducted in accordance with the disciplinary procedures in place at the time of the hearing for due process hearings pursuant to RS.Mo. 590.502(3). Section 7. Polygraph or Truth Verification Tests In the course of an investigation, BARGAINING UNIT EMPLOYEES may be required to submit to a polygraph examination. If a BARGAINING UNIT EMPLOYEE is the subject of a complaint filed with the. Office of Community Complaints [OCC], the EMPLOYEE will not generally be required to submit to a polygraph examination as part of the investigation of the complaint unless (a) the complainant first submits to a polygraph examination and in the professional opinion of the polygrapher is found to have passed the examination, and/or (b) other reasonable factors (including, but not limited to, material inconsistencies or statements of other witnesses) exist in support of a polygraph examination. Section 8. Review of Dash Camera or other videos The Department may review and use dash cam and other routinely prepared video for purposes of discipline where the review and use is (a) in response to a formal complaint or observed actions, (b) part of randomly reviewed video applied to an operational unit of the Department, (c) part of an independent audit, or (d) other review done in a manner as to not single out a BARGAINING UNIT EMPLOYEE without cause. The Department shall not single out specific BARGAINING UNIT EMPLOYEES by undertaking a targeted review of videos involving such employees without cause. ARTICLE 13 FOP ORGANIZATIONAL RIGHTS Section 1. Bulletin Boards The FOP shall provide bulletin boards to the Department to place at designated work locations throughout the Department for the purpose of posting notices of FOP activities. All notices shall be on FOP letterhead and shall be dated and signed by the representative of the FOP who posted the notice. All notices shall be submitted to the Chief of Police's Executive Officer prior to posting. If the Chief believes that any posting is inappropriate, he shall communicate as such to the FOP President or FOP Executive Vice President, who shall then take appropriate action to remove any inappropriate postings. It shall be the responsibility of the FOP to remove notices that are outdated, unauthorized or inappropriate. The FOP agrees to ensure that all notices are in good taste and do not disparage the Department or any individual employee. Section 2. New Hire Information 2021-2024 Agreement When a new employee is hired into a position within the BARGAINING UNIT, the employee shall be given a packet of information, supplied by the FOP, discussing the benefits of FOP membership and contact information for FOP representatives. The FOP shall arrange with the new employee's supervisor/manager for a mutually agreeable time for a representative to meet with the employee to discuss FOP membership. Such meeting shall be limited to no more than 30 minutes, and during such meeting, the FOP representative shall make no disparaging comments about the Department, the BOPC or other employees of the Department. Section 3. Time Off for Civilian Bargaining Board Members and Civilian Stewards BOPC recognizes that FOP Civilian Bargaining Board Members, totaling no more than seven (7) individuals, may be permitted to conduct FOP business during their normal tour of duty. Therefore, upon reasonable advance request to their appropriate supervisor and staffing levels permitting, FOP Civilian Bargaining Board Members may be permitted to conduct FOP business while on duty and in paid status, up to an aggregate total of 10 hours/month per board member. The appropriate supervisor's approval will not be unreasonably denied. Additional Civilian Stewards (previously designated by the FOP) shall be allowed to represent employees in disciplinary matters and grievance meetings while on-duty and in paid status. BOPC also recognizes the need to allow Civilian Stewards (not to exceed a total of 15, including Civilian Bargaining Board Members) to attend the FOP's monthly General Membership Meetings while on-duty. Upon reasonable advance request to their appropriate supervisor and staffing levels permitting, Civilian Stewards may request to attend FOP meetings while in paid status, up to an aggregate total of 4 hours/month. The appropriate supervisor's approval will not be unreasonably denied. Section 4. Use of Department Email The FOP shall be permitted to use the Department's email and hard copy internal mail distribution systems for Lodge business, so long as the FOP's use does not create a burden on the Department's electronic and/or physical systems, and so long as such mail use does not hinder on-duty personnel in the performance of their duties. The FOP shall use the Department's email system only for the purpose of communicating with its membership and with Police Department management, and shall not be used for disparaging the BOPC, the Department or the command staff. The FOP and its members acknowledge that all Department mail, whether electronic or physical, is subject to potential monitoring, and may also be subject to public disclosure under the State's sunshine law. ARTICLE 14 BOPC POLICY AND PROCEDURE REVIEW l 2021-2024 Agreement Section 1. BOPC Policy and Procedure Review. The BOPC's current policies and procedures that affect BARGAINING UNIT EMPLOYEES and other Department members are maintained on the Department's intranet site. Those policies and procedures are regularly reviewed and, when needed, updated, amended and/or repealed through a process that includes reasonable advance notice that changes may be made. The process also provides an opportunity for written input from members of the Department. The BOPC agrees that it will not modify its current process for Policy and Procedure review without providing the FOP with at least fourteen (14) calendar days advance written notice. The BOPC further agrees to negotiate with FOP prior to implementation of any such modification to the process for Policy and Procedure review. The FOP shall be notified when a policy is up for review or the BOPC, the Chief of Police or their designees have directed a policy review. As to policies that are primarily matters of wages, hours, terms and conditions of employment, the FOP may request input into the policy review by submitting such request within fourteen (14) calendar days to the Chief's Executive Officer. Within thirty (30) calendar days after such request by the FOP or at a mutually agreeable time as determined by the parties, the Department's designees and a member of the Research and Development Division (RADO) shall meet with up to three individuals designated by the FOP (as well as representatives of the civilian and commanders bargaining units) to discuss any proposed or suggested changes to the policy. All recommendations from such meeting shall be submitted to the RADO to begin the review process. After the RADO has conducted its review, in the event that additional proposed substantive changes are suggested prior to the Executive Committee meeting (e.g., on the Chief's initiative, or after further meetings with bureau commanders), the FOP Designees will be notified and invited to provide additional input. The individuals designated by the FOP (as well as representatives of the civilian and commanders bargaining units) shall be invited to participate in the Executive Committee meeting to discuss the final proposed changes or amendments to the current policy which will be submitted to the BOPC for approval, rejection, or modification. Should the FOP's suggestions or requests be rejected, the FOP may still present any of its previous suggestions or requests to the BOPC as part of the final approval process by the BOPC. However, nothing in this Section 1 shall limit or restrict the authority of the BOPC to change, alter, amend, or nullify any policy or procedure (other than the Policy and Procedure review process itself), or to issue any new policy or procedure, that is not inconsistent with the express provisions of this agreement, provided the BOPC adheres to the process outlined above Section 2. Unit Manual Revisions and Review. In the event a unit manual or other formal, written directive of general application directly affects issues of wages, hours, terms and conditions of employment, changes by the Department in such unit manual or formal written directive shall only become effective after the following process has occurred: 2021-2024 Agreement 1. The FOP Designee is provided notice of the changes at least fourteen (14) days prior to the anticipated effective date. 2. The FOP Designee or other representative of the FOP is given an opportunity to provide input regarding the changes, including meeting with the responsible management representatives, if the FOP Designee or other representative wishes to do so. 3. In the event there is no agreement between the FOP and management representatives, the FOP may submit its objections to the Chief and the Executive Officer for final review and decision. It is the intent of this Section that only changes that affect wages, hours, terms or conditions of employment shall be subject to this procedure, and that this procedure shall not apply to routine changes in directives, processes, or protocols that do not directly affect wages, hours, terms or conditions of employment. Further, nothing in this Section 2 shall limit or restrict the authority of the Department to change, alter, amend, or nullify any unit manual or other written directives of general application, or to issue any new such unit manuals or directives, that is not inconsistent with the express provisions of this agreement, provided the Department adheres to the process outlined above. ARTICLE 15 INCENTIVE PAY AND CLOTHING ALLOWANCE Section 1. Shift Differential All BARGAINING UNIT EMPLOYEES permanently assigned to Watches I, Ill and IV shall receive shift differential in the amount of one hundred and twenty dollars ($120) per month. Section 2. Educational Incentive Pay BARGAINING UNIT EMPLOYEES who have received an Associates, a Bachelors or a Master's Degree shall receive the following incentive pay: a. Associates Degree or a minimum of sixty (60) college hours - $50.00 per month b. Bachelor's Degree - $75 per month c. Master's Degree, Specialists Degree or Doctorate- $100.00 per month. Section 3. Aerobics Program BARGAINING UNIT EMPLOYEES shall receive up to two (2) extra (E) days (i.e., 16 hours) for completing one (1) of two (2) designated programs in a six (6) month period. Employees may receive up to four (4) extra (E) days (i.e., 32 hours) per year. Those 2021-2024 Agreement employees permanently assigned to a ten (10) hour work day may be permitted to use eight (8) hours of extra (E) time and two hours of EX time to allow the member to take the entire day off. Section 4. Bilingual Pay BARGAINING UNIT EMPLOYEES certified as bilingual employees shall receive an additional fifty dollars ($50.00) per month as specialty pay. Section 5. Tool Allowance The Department will continue to provide a tool allowance of no less than $50/month for civilian employees in Fleet Operations and of no less than $120/year for civilian employees in Communications Support (Radio Maintenance). Section 6. Out of Classification Pay Employees who are assigned to as an acting supervisor or manager for more than 21 calendar days will be compensated at the rate of pay for the first step in the pay scale of the supervisor or manager position for the duration of their assignment to that position (or to the step in the pay scale that provides a pay increase). The pay increase shall take effect starting at the beginning of the next pay period following 21 days of the employee working in the acting supervisor or manager position. ARTICLE 16 FUNERAL LEAVE A member shall be granted up to three (3) days of leave with pay to attend the funeral of an immediate family member. For purposes of this Article, "immediate family member" shall include the officer's spouse, children or step children, parents, sisters, brothers, grandchildren, grandparents or spouse's grandparents, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, and domestic partner. Additional funeral leave may be granted by the member's immediate supervisor when the death occurs and/or the funeral is held at a distant location. The immediate supervisor may grant time off with pay up to one (1) full day for a member desiring to attend the funeral of any person other than those specified herein. The Chief shall have the discretion to extend funeral leave. Officers requesting funeral leave shall contact their immediate supervisor/commander in person or by telephone to request leave. ARTICLE 17 HOLIDAYS Section 1. Designated Holidays 2021-2024 Agreement BARGAINING UNIT EMPLOYEES shall receive one (1) day off with pay in compensation for the following holidays: New Year's Day Labor Day Martin Luther King, Jr. Day Veterans Day Presidents Day Thanksgiving Day Juneteenth Day After Thanksgiving Memorial Day Christmas Day Independence Day Section 2. Hours Worked on Holiday BARGAINING UNIT EMPLOYEES who are required to work on a designated holiday shall be paid per BOPC policy. Section 3. Quality Days Beginning January 1, 2015, BARGAINING UNIT EMPLOYEES shall receive five (5) quality days each year to be used as floating holidays. When requests are made to use such days for bona fide religious holidays or observances, such requests will be given priority consideration, but will remain subject to approval based on the Department's operational needs. Section 4. Personal Leave (Y) Time Each member may convert up to a maximum of ninety-six (96) hours of Sick Leave (S) per calendar year for use as Y-Time. Members shall designate the amount of sick time they wish to convert to Y-time each year and that designated amount shall be deducted from the member's sick leave balance. All benefits shall continue to be earned while the member is on personal leave. ARTICLE 18 SICK LEAVE Section 1. Sick Leave Accrual 1. BARGAINING UNIT EMPLOYEES shall accrue fifteen (15) days of sick leave per year (i.e., ten (10) hours per month). 2. BARGAINING UNIT EMPLOYEES who retire, resign or are terminated after the 15th day of the month shall accrue sick leave for the entire month. 2021-2024 Agreement Section 2. Accumulation of Sick Leave Members may carry over an unlimited amount of sick leave from one calendar year to the next. A member on sick leave, who wishes to save sick leave, may use vacation days instead of sick days. Members on sick leave shall not be allowed to carry over vacation days to a subsequent year. Section 3. Notifications A member shall notify a supervisor and request sick leave at least one (1) hour prior to the time scheduled to report for duty. Notification is required each work day unless the illness, injury or disability would normally require the member to be off for an extended period of time. Upon medical confirmation of an illness, injury or disability requiring immediate or future use of sick leave over twenty-eight (28) consecutive calendar days, a member shall notify the immediate supervisor and the Benefit Section, in writing. A member with an injury, disability or illness, which may require future use of sick leave, including scheduled operations and pregnancies, shall obtain a medical statement from their attending physician addressing the member's ability to perform the work assignments and specifically note whether the member has the ability or inability to perform the full and unrestricted duties of the position. Section 4. Appearance at Court While on Sick Leave If a member appears in court because a continuance could not be obtained, or is called back for a statement concerning some other matter, court time/overtime shall be allowed for members on sick leave provided that the member is willing and physically able to respond as determined by the member's immediate commander based on the member's current medical condition. Section 5. Extended Sick Leave During extended sick leave, including sick leave for operations, broken bones, debilitating illnesses and pregnancies, a member may engage in any activity at any place the illness or physical condition shall permit as determined by the member's attending physician. Section 6. Firearms Members on sick leave may carry firearms in accordance with the current Procedural Instruction on firearms. Section 7. Leave Without Pay A member, who uses all accrued sick leave, may submit a Form 1 P.O. to request other types of paid leave or request leave without pay. Such employee may be granted up to twenty-eight (28) consecutive calendar days of leave without pay for an illness, injury or disability if a member has used all forms of paid leave. 2021-2024 Agreement Section 8. Sick Leave Donations Members may donate sick leave to other members who have used all accrued paid leave and sick leave. Sick leave may also be donated to a member on family and medical leave. Sick leave must be donated in whole day increments and only members with a balance of at least ten (10) days will be allowed to make a donation. All sick leave donation adjustments shall be processed by the Personnel Records Section. Donated sick leave shall be deducted from an active member's sick leave balance, as it is needed. Sick leave shall be deducted from multiple donors in the order in which it was donated. If a donor is in the sick leave pool at the time the donation is to be used, the donation shall be cancelled. If a member returns to full and unrestricted duty or leaves the Department, all sick leave donations shall be cancelled. The Personnel Records Section shall notify the donor that the donation was or was not used. Section 9. Parental Leave The BOPC recognizes the rights of eligible bargaining unit members under the federal Family and Medical Leave Act (FMLA) to take up to twelve (12) weeks of unpaid leave per year for the birth or adoption of a child. Bargaining unit members will be permitted to exercise such rights under procedures issued by the Department consistent with the FMLA. 1. Period of Medical Disability: Birthing mothers and adoptive parents shall receive six (6) weeks of paid parental leave to care for their child immediately following the child's birth or the adoption of the child without exhausting any accrued and unused sick leave. After exhausting these initial six (6) weeks of leave, birthing mothers and adoptive parents may use any accrued, unused sick leave to cover the remaining weeks of FMLA leave. 2. Bonding Time: All eligible parents (birth mother, father, adopting parents) may use any and all paid time off to cover the period of their FMLA leave. This includes any accrued, unused vacation days, extra days, compensatory time, and sick leave, up to the full twelve (12) weeks of FMLA leave if available. Time taken for any period of medical disability will count toward and offset the twelve (12) week total leave maximum. ARTICLE 19 VACATION Section 1. Vacation Leave Accrual 2021-2024 Agreement All BARGAINING UNIT EMPLOYEES shall accrue vacation based on their number of years of service and shall be calculated based on the BARGAINING UNIT MEMBER'S work during the previous calendar year (January 1- December 31). Vacation leave shall be scheduled in accordance with the member's personal preference and operating requirements of the assigned element. Vacation leave may be taken in one (1) hour increments and shall be earned by the following schedule: 1. Less than five (5) years of service- BARGAINING UNIT EMPLOYEES with at least one (1) year but less than five (5) years shall earn one hundred and twenty (120) hours of vacation leave on the first day of the calendar year immediately following the calendar year of appointment. 2. At least five (5), but less than twelve (12) years of service - BARGAINING UNIT EMPLOYEES shall earn one hundred and sixty (160) hours of vacation leave on the first day of the calendar year following the member's completion of four (4) years of service. BARGAINING UNIT EMPLOYEES with at least ten (10) but less than twelve (12) years will receive, in addition to the forty (40) hours of Quality (Q) Time already provided for in Article 17, Section 3 of this Agreement, an additional twenty-four (24) hours of Q Time each calendar year. These BARGAINING UNIT EMPLOYEES shall have a total of sixty-four (64) hours of Q Time to utilize for the calendar year. At twelve (12) years the BARGAINING UNIT EMPLOYEE shall no longer receive the additional twenty-four (24) hours of Q Time. 3. At least twelve (12), but less than fifteen (15) years of service - Members shall earn one hundred and eighty-four (184) hours of vacation leave on the first day of the calendar year following the member's completion of eleven (11) years of service. 4. At least fifteen (15), but less than twenty-nine (29) years of service - Members shall earn two hundred (200) hours of leave on the first day of the calendar year following the member's completion of fourteen (14) years of service. 5. Twenty-nine (29) or more years - BARGAINING UNIT EMPLOYEES shall earn two hundred and forty (240) hours on the first day of the calendar year in which the member completes their twenty-nine (29) years of service. Vacation leave shall not be carried forward into the next calendar year except as provided in Department policy on duty related injuries. Separating members shall be compensated for vacation earned, but not taken as of the last day worked. Section 2. Procedures for Requesting Vacation A. To request vacation leave of three (3) days or less, a member shall verbally 2021-2024 Agreement request approval from their immediate supervisor. B. To request vacation leave of more than three (3) days, a member shall submit an Application for Leave, Form 1 P.O. to their immediate supervisor. Upon approval, the Form 1 P.O. will be forwarded through the chain of command to the division commander for final approval. To request a change in an approved vacation request, a member shall submit another Form 1 P.O. which supersedes the previous request. All copies of approved Forms 1 P.O. shall be forwarded to the element timekeeper for entering and distribution of copies. Once approved, Form 1 P.O. shall be returned to the requesting member. Section 3. Vacation Scheduling The following procedures shall be used to schedule vacation for bargaining unit members. 1. Vacation requests submitted on or before February 15th of any given year shall be approved on the basis of civilian seniority with the Department. The last day of employment shall be used in cases of reappointment. Vacation requests submitted after February 15th shall be granted as the schedule permits on a first come basis. 2. In cases where more than one member requests vacation on a given day, the Application for Leave, Form No. 1 P.O. should be marked to indicate which is the member's first choice. Seniority as defined above in Paragraph 1 shall apply only to the member's first choice. 3. In the event an employee transfers into a different position with a previously approved vacation request, every effort will be made to honor that request. However, vacation requests already scheduled by Personnel at the new assignment shall take precedence. This shall apply regardless of the nature of the transfer. 4. Vacation days which are unscheduled as of October 1st shall be assigned by the respective supervisor/manager. 5. Recognizing that unusual and/or emergency situations may arise, managers may deviate from this policy if necessary. However, these exceptions must be approved and the documentation retained in the file for auditing purposes for a period of five (5) years. ARTICLE 20 JURY DUTY Members, who receive a summons to serve on jury duty, shall alert their supervisor immediately upon receipt of the summons. Members shall receive their normal salary 2021-2024 Agreement and benefits while serving on jury duty. Members shall also retain any compensation that they receive for jury duty. Members assigned to Watch II, who must report for jury duty during their regular tour of duty, shall be required to report to their regular assignment for the time not spent on jury duty, unless otherwise specified and approved by the members' immediate supervisors. Members assigned to Watches I and Ill shall be placed on a "Special Duty" day (SD) for that day. However, members assigned to Watch 111, who are required for jury duty less than four hours, shall be required to report for their regular tour of duty. ARTICLE 21 COURT TIME/OVERTIME COMPENSATION Section 1. Terminology The following terms and definitions shall apply to this Article. 1. Extension of Duty -- Member is called back to work or required to remain at work within one (1) hour from the time of the completion of their regular duty. The member is required to stay a minimum of seven (7) minutes after their regular duty has ended. 2. Prior Duty - Member works four (4) hours or less prior to the start of their regular duty hours. Overtime shall be paid from the time of report of duty to the start of their regular duty time. 3. Tour of Duty - A period of time when a member is regularly scheduled to be on duty or stationed at a prescribed place. 4. Workday- For members assigned to elements using an eight (8) hour plan, a work day is considered to be a twenty-four (24) hour period of time that starts eight (8) hours before the scheduled tour duty. For members assigned to elements using a ten (10) hour plan, a work day shall be considered to be a twenty-four (24) hour period of time that starts seven (7) hours before the scheduled tour of duty. Section 2. Overtime Compensation 1. Members shall be compensated at one and one-half (1.5) times their regular rate of pay for hours worked in excess of their regular tour of duty. Compensatory time may be paid in lieu of overtime payment as prescribed herein. 2. Overtime shall be granted under the following conditions: 2021-2024 Agreement a. Job duties or functions that are essential to conducting Department business which could not have been anticipated in advance or scheduled into regular hours of assignment. b. Unusual events or occurrences which are beyond the control of the Department or the individual employee. c. Special assignments or activities required by Department policy that are approved in advance by a manager/commander. d. Overtime of less than seven (7) minutes shall not be submitted for compensation. If a member is required to answer/return a call of seven (7) minutes or longer in duration, they shall be entitled to compensation for actual time worked at their regular rate of overtime. 3. Where daily overtime work is authorized per Section 2(2) above, the normal requirement is for overtime pay or compensatory time to be granted per the provisions of Section 2(1). Notwithstanding this normal requirement, an employee may be permitted to "flex" his or her work schedule so as to work hours, outside their normally assigned schedule, provided total work hours for the week are not increased and that such flex scheduling is accomplished all in the same seven (7) day workweek. Such flexing is accomplished by working more hours in one day, and reducing hours worked in another day within the workweek (and with the understanding that daily overtime will not be paid for the extended day). Such flexing of the work schedule will only be permitted where (a) it is done to accomplish legitimate Department needs, (b) it is done by express mutual agreement between the supervisor and employee, and (c) it is documented in advance to assure neither a misunderstanding or improper payment for time worked. Section 3. Special Circumstances 1. A member in active service who is required to give a statement to the Internal Affairs Unit or submit to a polygraph examination shall be authorized overtime in accordance with this article. 2. Members suspended from duty without pay and allowances shall be authorized compensation during the suspension period for the time required in connection with the Department's investigation of the incident(s) which resulted in the suspension unless the member is reinstated with back pay. All payments shall be delayed until the member returns to duty. If a member is terminated or resigns without being restored to duty, overtime earned during the suspension shall be paid. 2021-2024 Agreement 3. A member relieved of duty with pay and allowances shall be authorized compensation for work time involved in completion of reports, etc., which occurs on a day off or exceeds a regular tour of duty. 4. Members participating in a promotion or selection procedure interview regarding transfer or promotion or attending Department-sponsored training shall be considered in work status and shall be eligible for compensation. Section 4. Court Time Compensation 1. Court Appearance Prior to Duty When a member is scheduled to appear in court two (2) hours or less prior to their tour of duty, a member shall be authorized compensation until such time as their tour of duty begins. 2. Extension of Duty Court Time When a court session is scheduled to begin one (1) hour or less following a member's tour of duty, a member shall be authorized compensation from the completion of the tour of duty until the member is dismissed by a court official. Members who remain in court past the end of their tour of duty shall be authorized compensation for time that exceeds their tour of duty. 3. Court Call Back When a court session is scheduled to begin more than one (1) hour after a tour of duty, a member shall be authorized a minimum of two (2) hours compensation Should the actual time in court exceed two hours, the member shall be authorized compensation from the time court is scheduled to begin until the member is dismissed by a court official. 4. Court on Regular Day off When a court session occurs on a member's day off, the member shall be authorized a minimum oftwo (2) hours compensation or the actual time in court, whichever is greater. If only one court session is involved when a court takes a recess and the member is required to return, if the court reconvenes on a subsequent day, the time involved shall be regarded as a separate appearance. 5. More than One Court Session in a Day a. When court sessions convene exactly two (2) hours or less from the start of the first session to the start of the second, a member shall be 2021-2024 Agreement authorized compensation from the time actually involved in the session, or hours minimum, whichever is greater. b. If the session is more than two (2) hours apart, the member shall be authorized either a two (2) hour minimum, or the actual time involved, whichever is greater, for the first session. For the second and additional sessions, the member shall be authorized compensation for the actual time spent in court. c. A member shall not receive more than one (1) two (2) hour minimum court time compensation for the same day. 6. Extensions of duty followed by additional court appearances. a. When a second court session convenes within two (2) hours or less of an extension of duty, a member shall be authorized compensation for the actual time involved in the extension of duty plus the actual time involved in the second appearance or a two (2) hour minimum, whichever is greater. For additional court sessions in the same day, the members shall be authorized compensation for the amount of time actually spent in court. b. When a second court session is more than two (2) hours after an extension of duty court appearance, a member shall be authorized compensation for either a two (2) hour minimum or the actual time in court, whichever is greater, for the first session. For additional sessions, the member shall be authorized compensation for the actual time spent in court. Section 5. Special Circumstances for Court 1. An off-duty member subpoenaed to appear in a civil case which resulted from or involved an on-duty performance of police service, shall be authorized overtime compensation and shall not accept other payment for such appearance. 2. If a suspended member appears in court because a continuance could not be obtained by the legal advisor, or is called back for a statement concerning some other matter, court time/overtime shall be allowed unless the member is reinstated with back pay. All payments shall be delayed until the member returns to duty. If the member is terminated without restoration to duty, the compensation earned during the suspension shall be paid. If a member on sick leave appears in court because a continuance cannot be obtained, compensation shall be allowed. Section 6. Court Time Compensation Not Authorized 2021-2024 Agreement A member subpoenaed to appear as an expert witness in a case unrelated to an on-duty performance shall not be authorized compensation. A member will not be authorized compensation for any court appearance which results from or involves an arrest made during the course of off-duty employment. A member on injury leave, who is determined by the Department approved physician to be physically able to respond, shall be required to appear in court and shall not be eligible for compensation, except when court time exceeds eight (8) hours in one (1) day. Section 7. Call-Back Time 1. A member called back to duty while on regularly-scheduled days off or after one (1) or more hour has elapsed following the completion of their tour of duty shall be authorized a minimum of four (4) hours compensation or the actual amount of time from the time the member reported for duty until relieved of duty, whichever is greater. 2. More than one call-back in a day- When call-back occurs exactly four (4) hours or less than four (4) hours apart, the member shall be authorized compensation for the amount of time involved in the call-back or a minimum of four (4) hours, whichever is greater. For call-backs occurring more than four (4) hours apart, a member shall be authorized either a minimum offour(4) hours compensation, or the amount of time involved, whichever is greater for the first call-back. 3. For the second additional call-back, a member shall be authorized compensation for the actual time involved. A member shall not be authorized overtime compensation for more than one (1) four (4) hour minimum during the same day unless it is a coded call-back. Coded call-backs are events in which the Department charges the entity for the use of the off-duty officers. 4. BARGAINING UNIT EMPLOYEES who are called back will normally also work their previously scheduled duty hours, and shall not be required to adjust their duty hours or work schedule to avoid overtime. Regular duty hours will only be adjusted if agreed by both the employees and the appropriate commander. Section 8. Court Stand-by BARGAINING UNIT EMPLOYEES, who are placed on stand-by to testify in court by the appropriate prosecutor or command staff member shall be paid one (1) hour at the overtime rate for each day that they are on court standby, but not in fact called to testify. For purposes of this section, "court standby" shall be defined as a written notification requiring a BARGAINING UNIT MEMBER to remain within a response time to Court of less than two (2) hours for the purpose of providing testimony in a court proceeding. In the event the BARGAINING UNIT MEMBER is in fact called to appear at court, such time will be compensated in accordance with the other provisions of this Article. Compensation for both court standby pay and court pay shall not be paid for the same day. 2021-2024 Agreement Section 9. Compensatory Time Accumulation BARGAINING UNIT EMPLOYEES who work overtime shall be permitted to accept compensatory time in lieu of overtime pay, and they may bank and carryover from year to year up to a maximum of fifty (50) hours of compensatory time. ARTICLE 22 The parties agree to adhere to the dictates and requirements of Missouri law and Chapter 84 of the Missouri Revised Statutes or any amendments thereto. ARTICLE 23 POST-EMPLOYMENT HEALTH PLAN AND DEFERRED COMPENSATION PROGRAM The Department shall maintain its Post-Employment Health Plan (PEHP) and its Deferred Compensation Program. BARGAINING UNIT EMPLOYEE'S contributions to the PEHP Plan shall be determined annually by a vote of the Plan members, and the Plan shall notify the Human Resources/Benefits Section of any changes to the BARGAINING UNIT MEMBER'S contributions. ARTICLE 24 CIVILIAN VACANCIES Except as provided in Article 27, where a vacancy exists in a civilian position which the Department seeks to fill, such vacancy will be posted electronically to seek both internal and external applicants. A copy of the posting or job vacancy memorandum shall also be provided to the FOP Designee. If qualified bargaining unit employees apply for such position, such employees will be interviewed (provided that the Department is not obligated to interview more than five (5) such qualified internal candidates, and may determine which internal candidates are most qualified based on the written applications, resumes, and other materials on file). Selection of the successful applicant remains in the discretion of the Department, and there is no requirement that internal qualified candidates be given any preference over external qualified candidates. ARTICLE 25 SEPARATION, COMPENSATION, AND CLEARANCE PROCEDURES 2021-2024 Agreement Members separating from the department will complete the separation clearance process. Upon separation, members will be paid for days worked in the final pay period, accrued court/overtime, and any leave time for which they are eligible to receive compensation. Section 1. Terminology A. Qualified Deferred Compensation Plans - These are 457(b) deferred compensation plans which allow base salary to be set aside. Compensation for Vacation (V) days, Extra (E) days, compensatory time, and sick leave earned may be deferred up to the annual IRS limit. B. Final Payroll Advice - Payment for days worked in the final pay period, including base salary, education/skill pay, clothing allowance, overtime, court time, and accumulated compensatory time. C. Lump Sum Payout - Payment for accrued V-days, E-days, and sick leave. Section 2. Clearance Procedures A. Members will complete the separation clearance process when they retire, resign, are terminated, or are approved for a leave without pay in excess of twenty-eight (28) days. The separation clearance process includes returning all department-owned equipment, completing separation documents, and computing final compensation (except leaves without pay). B. Members who decide to resign or retire must notify their supervisor and the Personnel Records Section to begin the separation clearance process. Members voluntarily separating may either separate and receive pay for accrued and unused V-days, E-days, and compensatory time or use available leave before separation. C. When a member is notified of termination, the member's supervisor will be present and take immediate possession of the terminated member's I.D. card, police badge, department issued ammunition, and any department owned firearms. The supervisor will escort the member to the Personnel Records Section to begin the separation clearance process. The Personnel Records Section will determine the actual termination date and pay for any unused or accrued V-days, E-days, compensatory time, and sick leave if applicable. D. V-days and E-days will be converted to pay at the member's current hourly rate. E. Compensatory time and sick leave will be converted to pay at the member's current hourly rate or the average hourly rate over the last three years, whichever is higher. 2021-2024 Agreement 1. Exempt and exempt-managerial members will not be paid for accumulated compensatory time in excess of 120 hours unless approved by the Chief of Police. 2. Non-exempt members will not be paid for accumulated compensatory time in excess of 60 hours unless approved by the Chief of Police. F. Sick Leave Compensation 1. Separation by Retirement The balance of sick leave will be paid to bargaining unit employees with at least one (1) year of continuous employment at the ratio of one hour pay for every two (2) hours of accrued sick leave at the employee's current hourly rate. 2. Separation by Resignation or Termination The balance of sick leave will be paid to bargaining unit employees with at least one (1) year of continuous employment at the ratio of one hour pay for every four (4) hours of accrued sick leave at the employee's current hourly rate. G. All BARGAINING UNIT EMPLOYEES separating from the department must complete the separation clearance process. Separation Clearance, Form 5321 P.O., will be completed and returned to the Personnel Records Section. H. The Final Payroll Advice will be deposited on the regular pay day for the final pay period. On the following pay day, separating BARGAINING UNIT EMPLOYEES will receive the lump sum payout (except for leaves without pay in excess of twenty-eight days). The lump sum payout will be taxed at the appropriate rate and no deductions other than to a Qualified Deferred Compensation Program will be allowed. I. The Personnel Records Section will notify eligible BARGAINING UNIT EMPLOYEES approximately six months prior to mandatory retirement date and inform them of separation compensation options at that time. J. Separation by Death - Separation compensation for members regardless of appointment date. 1. Separation compensation will be paid according to the beneficiary listed on the Designation of Beneficiary, Form 311 P.O., regardless of the member's length of service. A member's accrued sick leave, V-days, E­ days, and compensatory time will be converted to pay, using the same ratios as those used for retirement, except that in the event of a line of 2021-2024 Agreement duty death, the employee's heirs or estates shall receive compensation for every hour of accrued, unused sick leave. 2. Payment for days worked in the final pay period, including base salary, education/skill pay, clothing allowance, overtime, court time, and accumulated compensatory time will be paid on the first pay period following the date of death. 3. The lump sum payout will be paid out on the pay period immediately following. ARTICLE 26 COMMITTEES Section 1. Pay Committee The BOPC and the FOP acknowledge that the BOPC does not have taxing authority and its overall funding fluctuates depending upon the City's general revenue receipts and other factors outside the control the BOPC. Accordingly, the BOPC cannot commit to certain pay increases or other major elements of compensation. Notwithstanding such circumstances, the BOPC agrees that representatives of the Department (including budget officials) will meet at least twice with up to three FOP representatives representing both the civilian and sworn bargaining units in advance of the Department's annual funding request to the City of Kansas City. Such meetings may be held in conjunction with FOP Lodge 102 at the Department's discretion. The purpose of the meetings is to permit the FOP to make suggestions and recommendations to the BOPC regarding pay increases or pay adjustments to be included in the BOPC's proposed budget submitted to the City. The parties shall not be bound by any such recommendations or suggestions made in course of these meetings regardless of whether they are contained in the proposed budget. Either party is free to present its respective positions on pay increases or the proposed budget to the City Council. The foregoing process is not intended to alter the respective rights and responsibilities of the City and the BOPC under Chapter 84 of the Missouri Revised Statutes. Section 2. Uniform Committee The FOP shall be permitted to designate one (1) voting member to the Uniform Committee. Section 3. Health/Dental Committee The Department shall create a Health/Dental Insurance Committee. The Committee Shall be composed of three (3) members appointed by the Chief, one (1) member of the rank of Captain or Major appointed by FOP Lodge 102, one (1) member of the rank of police 2021-2024 Agreement officer or sergeant appointed by FOP Lodge 99, and one (1) civilian member appointed by FOP Lodge 99. The purpose of the Committee is to research and consider health and dental insurance options and to make recommendations to the Department and the BOPC regarding health and dental insurance. The Committee shall attempt to reach consensus regarding recommendations, but such is not required and any report from the Committee to the Department or the BOPC may express dissenting views. The recommendations of the Committee are not binding on the Department or the BOPC who maintain ultimate authority and discretion regarding the provision of such insurances consistent with the requirements of Chapter 84 of the Missouri Revised Statutes or any amendments thereto. Section 4. Other Committee Appointments FOP members may be appointed to other committees as provided by the Department policies and procedures or at the discretion of the BOPC and/or the Chief. ARTICLE 27 WATCH/STATION TRANSFER REQUESTS The Department will establish and maintain transfer request lists by which bargaining unit members serving as Patrol Division Administrative Assistant I (Desk Clerks), members of the Communications and Records Units, and Division Detention Sections (Detention Officers) may request a transfer to another watch and/or station. The current transfer request list will be adopted and future additions made on a "first come, first served" basis. When a permanent vacancy occurs which the Department wishes to fill, the first bargaining unit employee on the list shall be offered the position first, and so on. Any bargaining unit employee who accepts an offer will be ineligible for a further transfer for 12 months. Bargaining unit employees who decline an offer will be placed at the bottom of that list, but will remain in their current place on other lists. An employee may be skipped or denied a transfer when his or her turn comes only for good cause (e.g., due to disciplinary or training reasons), but will maintain his or her spot on the list. The Chief or his designee may grant a temporary hardship transfer request received from a bargaining unit employee, rather than use the transfer award process outlined above; however, such a temporary hardship transfer may only remain effective for maximum of six (6) months, unless a longer period is mutually agreed upon by the Chief and FOP Designee. At the end of the temporary hardship transfer, the bargaining unit employee will return to his or her original position or another vacant assignment on his original watch, unless the bargaining unit employee has been awarded another transfer request through normal processes. DURATION and FRAMEWORK for NEGOTIATING NEW AGREEMENT 2021-2024 Agreement This Agreement shall be effective as of October 26, 2021, and shall continue in effect to May 31, 2024. Unless otherwise agreed, the parties shall begin negotiations for a successor agreement on or before November 1, 2023. Should the parties be unable to reach an agreement before the expiration of this agreement, the current agreement shall remain in effect until such time as a successor agreement is reached or the parties have reached impasse. If the parties reach impasse, they shall each be permitted to present their respective positions on the open issues at impasse to the BOPC. After consideration of the parties' positions, the BOPC may either adopt one of the party's positions on each of the open issues at impasse or direct the parties to continue to negotiate subject to any specified conditions or limitations. 2021-2024 Agreement For the Board of Police Commissioners of Kansas City, Missouri: W. DON WAGNER, Treasurer DAWN M. CRAMER, Member Concurrence: RIC H,Chief of Police Kansas City Police Department Lod e No. 99: Pres1 ent Executive Vice Pres ent Fraternal Order of Police, Lodge 99 Fraternal Order of Police, Lodge 99 STEPHANIE FAGAN ;;\W JENNIFER Mlt:R Chairman, Civilian Bargaining Board Secretary, Civilian Bargaining Board Fraternal Order of Police, Lodge 99 Fraternal Order of Police, Lodge 99