Article 3 - UNION RIGHTS

Article 2 - NO DISCRIMINATION

Section 1. The provisions of this Agreement shall be applied equally to all employees of the bargaining unit without discrimination as to race, color, religion, gender, national origin, marital status (except for legitimate nepotism rules), political affiliation, age or mental or physical handicap, as defined by federal and state law. Reasonable accommodation will be made to enable any qualified handicapped employee to safely and properly perform the duties of their job. Nothing in this section, however, will be construed to prohibit actions taken because of bona fide occupational qualifications, legitimate employer business necessity or retirement at age 70.

Section 2. The Union shall share equally with the City the responsibility for applying the provisions of this Agreement.

Section 3. All reference to employees in this Agreement designate both genders. Whenever the male gender is used, it shall be construed to include male and female employees.

Section 4. Employees shall have the right to form, join, and participate in the activities of the employee organizations of their own choosing, for the purpose of representations on matters of employment relations. Employees shall also have the right to refuse to join or participate in the activities of any employee organization. No employee shall be interfered with, or intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of his/her exercise of these rights or because of his/her political affiliation. Inasmuch as there are other means to process complaints pursuant to this article, any complaint alleging a violation of this article shall be limited at the final step of the internal resolution through the grievance procedure.

Article 3 - UNION RIGHTS

Section 1. Dues Deduction: Upon written authorization of an employee within the bargaining unit, the Employer will begin deducting the regular monthly Union dues for the next pay period and will continue to make the regular deduction until such time as the employee rescinds the request in writing. The uniform amount to be deducted shall be certified to the Employer in writing by the treasurer of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the treasurer within fourteen (14) calendar days after the payroll deduction is made.

The Union will indemnify, defend and hold the Employer harmless against any claims instituted against the Employer relating in any way to the payroll deduction of Union dues under this article. The Union agrees to refund to the City any amount paid to it in error and the City agrees to refund to any employee or the Union, whichever is appropriate, any amount paid to it in error.

Section 2. All employees covered by this Agreement shall, within thirty (30) days of their employment become a member of the Union or elect not to become a member of the Union and agree to pay fair share fees in an amount no more than the monthly dues. Any employee who is a member of the bargaining unit and who has not joined the Union within thirty (30) days of becoming an employee, or who has joined within such time and then withdrawn from membership, shall have deducted from his/her pay by the City a monthly service for fair share fee in an amount no more than the monthly Union dues. This fair share payment in lieu of dues shall be used by the Union in accordance with Oregon law.

Any employee who objects to the payment in lieu of dues based upon bona fide religious tenements or teachings of a church or religious body of which the employee is a member, will be required to inform the City and the Union in writing of the objection. Upon verification of this objection, the employee will donate the employee's payment in lieu of dues to a non-religious charity of the employee's choice or to another charitable organization mutually agreed upon by the employee affected and the representative of AFSCME. The employee shall furnish written proof to the City that this has been done (ORS 243.666)

The Union agrees to hold the Employer harmless against any claims instituted as a result of the section.

Section 3. Union Bulletin Board: Management agrees to designate a bulletin board space in the department to be used exclusively by the Union. The Union shall limit its posting of notices and bulletins to such bulletin board and shall identify any such notices and bulletins there as Union material.

Section 4. Union Representation: Members of the bargaining unit elected to serve as authorized representatives of the Union shall perform their duties as representatives on their own time, except as provided elsewhere in the Agreement.

For contract negotiations, two members of the Union are allowed to participate in negotiation meetings, without loss of pay if otherwise on duty. The two members can trade shifts to be available for negotiations.

Section 5. Accredited AFSCME District Council 75 representatives or International representatives shall have access to the premises of the Employer for the purpose of grievance handling as long as operations are not unduly interrupted, provided they do not interfere with, or cause any employee to neglect, avoid, or leave their work, and provided that the representatives check in with the supervisor on duty or the city manager upon entering the facility.

Section 6. Employees selected by the Union to act as Union Representatives shall be known as "Stewards" and the names of the employees selected as stewards and the names of local Union representatives who may represent employees shall be certified in writing to the Employer by the Union.

Article 4 - SCOPE OF AGREEMENT

The parties acknowledge that during negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, for the life of this Agreement, the City and the Union each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to negotiate collectively with respect to any subject not specifically referred to or covered in this Agreement, except as regards to mandatory subjects of collective bargaining as stated in ORS 243.650 et, seq., even though such subject or matters may not have been within the knowledge of contemplation of either or both of the parties at the time of the negotiating or signing of this Agreement.

Article 5 - STRIKES AND LOCKOUTS

The Union and it's members, as individuals or as a group, will not initiate, cause, permit or participate, or join in any strike, work stoppage, slowdown, picketing or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment shall not honor any picket line established by the Union or by another Labor Organization, when called upon to cross such picket line in the line of duty. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaging in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including any action for damages, which may be available to the City.

In the event of a strike, work stoppage, slow down, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth above shall not be affected or limited by the matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance provisions of this Agreement.

The Employer agrees that they shall not lockout any member of the bargaining unit covered by this Agreement.

Article 6 - MANAGEMENT RIGHTS

It is recognized that an area of responsibility must be reserved to management if government is to serve the public effectively. Except as otherwise specifically limited by the terms of this Agreement, the Employer retains all the customary usual and exclusive rights, decision making, prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the affairs of the City or any part of it.

Without limitation, but by way of illustration, the exclusive prerogative, functions and rights of the Employer shall include the following:

1. To determine the service to be rendered to the Citizens of the City.

2. To determine and to follow the City's financial, budgetary and accounting procedures.

3. The continuous overseeing of the personnel policies, procedures and programs promulgated under any ordinance or administrative order of the Employer establishing rules and regulations not inconsistent with any other term of this Agreement.

4. To implement new and to revise or discard, wholly or in part, old methods, procedures, material, equipment, facilities and standards.

5. To close, liquidate or combine any department, office, branch, operation or facility, service or combination thereof, or to relocate, reorganize or combine the work of other department, division offices, branches, operations or facilities for budgetary or any other pertinent reason.

6. The management and direction of the work force including the right to determine the methods, process and manner of performing work; the establishment of new positions; and the determination of their proper classification; the determination of the duties and qualification to be assigned or required and the determination of job classifications; the right to hire, promote, demote, transfer and retain employees; to discipline, suspend, demote or discharge any employee so long as such action is not arbitrary, in bad faith or without just cause, the right to lay off, the right to abolish positions or reorganize the department, the right to determine schedules of work, workdays, work locations and work duties; the right to determine quality of work and safety; the right to purchase, dispose of and assign equipment or supplies; and the right to contract or subcontract any work.

The employer shall have no obligation to bargain with the Union with respect to any such subjects or the exercise of its discretion and decision making with regards thereto. Any subjects covered by the terms of this Agreement are closed to further bargaining for the term of the Contract. This does not preclude the Employer and Union from meeting during the period of the Contract at the request of either party to discuss procedures for avoiding grievance and other problems and for generally improving relations between the parties. Each party shall advise the other at least five (5) working days prior to such meeting as to the subject matter to be discussed.

Article 7 - PROBATIONARY PERIOD

Section 1. Definition. The probationary period is an integral part of the employee selection process and provides the City with an opportunity to upgrade and to improve the Police Department by observing a new employee's work, training new employees and assisting new employees in adjusting to their positions and by providing an opportunity to reject any employee whose work performance fails to meet the required work standards.

Section 2. Probationary Period. All new employees will have a probationary period of 18 months, consistent with the DPSST timeframe to submit application of certification. Upon successful completion of the probationary period, the officer will have their original hire date as their seniority date.

Section 3. Termination. During the probationary period, an employee's employment may be terminated in the sole discretion of the City. Termination of the employment of a probationary employee shall not be subject to the grievance and arbitration procedures provided in Article 18 of this Agreement.

Article 8 - HOURS OF WORK

Section 1. The regular hours of work each day shall be consecutive except as may be interrupted by a meal period. All employees shall be given, subject to call, a paid, on duty meal period of thirty (30) minutes.

Section 2. The work week shall consist of five (5) consecutive eight (8) hours days, or four (4) consecutive ten (10) hours days, unless otherwise mutually agreed by the employee and supervisor in advance. If either party wishes to discuss a four (4) consecutive twelve (12) hour day schedule, the parties agree to discuss those issues in good faith.

Section 3. Work Schedule. Work schedules showing the employees shifts, work days and hour shall be posted on a department bulletin board at all times.

Section 4. Call in Time. Any employee who is called to work outside his/her regular shift shall be paid for a minimum of two (2) hours at the regular overtime rate of time and a half or equivalent compensation time at time and a half rate. However, extension to a regular shift (whether prior or subsequent thereto) shall be paid at time and a half (or equivalent comp time), but for the actual length of the extension only.

Section 5. Overtime. Time worked in excess of the regularly scheduled shift shall be paid at an overtime rate equal to one and one-half (1 1/2) times the normal rate. Overtime shall not be paid twice for the same hours worked.

Section 6. Court Time. Whenever an employee is required to appear in court outside his/her regular scheduled shift, he/she shall be compensated for such time spent in such court appearance, with a minimum of two (2) hours compensation at the overtime rate, whichever is greater. However, where a court appearance entails only an extension to a regular shift (whether prior or subsequent thereto), then the employee shall be paid at time and a half (or equivalent comp time), but for the actual length of the extension only.

Section 7. Time Exchange. The practice of time exchange between employees within the same job classification will be allowed subject to approval of the appropriate supervisor.

Section 8. Flex Time. Upon agreement between the employee and his/her supervisor, time may be traded hour for hour within the same workweek to accommodate training, some court appearances and other extra duty details.

Section 9. Compensatory time may be taken at the employee's option in lieu of pay if permitted by statute. Compensatory time shall not be taken if it interferes with the normal operation of the Department. Employees shall be allowed to accumulate up to a maximum of 60 hours of compensatory time during a fiscal year. If the employee is unable to use the banked hours, the City has the discretion to either mutually agree with

the employee on a time to use the hours or to pay off the hours at the end of the fiscal year.

Compensation time will be taken in lieu of pay if budget does not permit payment of overtime.

Section 10. On-Call Time. Employees required to be on-call shall be compensated three dollars ($3.00) per hour for all hours on such status. Upon being called to work outside the regular shift and subject to the provisions of 8 (4), all on-call compensation due under this section shall cease.

Section 11. Shift Differential. Employees shall be compensated an additional $1.00 per hour for each hour worked between 1700 hours and 0700 hours.

Article 9 - HOLIDAYS

Section 1. All employees who have been on the payroll for a minimum of thirty (30) days and are in a paid status immediately prior to and following a recognized holiday will receive holiday pay for the following holidays:

New Year's Day Veteran's Day

Martin Luther King Jr's Thanksgiving Day

Birthday Christmas Day

President’s Day

Memorial Day

Independence Day

Labor Day

Floating Holiday

Paid status will include the following: sick leave, paid vacation, paid holiday, and worker's compensation. Employee shall accrue two (2) floating holidays effective July 1, every year. However, the two (2) accrued holidays must be used by June 30^th of the following year.

Section 2. Any employee assigned to work his/her regular shift on a recognized paid holiday shall receive, in addition to a regular day’s pay, an additional day’s pay at the rate of time and one-half. Any employee who does not work on a paid holiday shall receive one day’s pay at their regular rate of pay. Holiday pay will be computed based on the number of hours regularly scheduled per day.

Article 10 - VACATION

Section 1. Vacation will accumulate at the following rates, depending on length of service with the City of Burns Police Department.

0-4 years 8 hours per month 96 hours per year

5-9 years 10 hours per month 120 hours per year

10-14 years 12 hours per month 144 hours per year

15-19 years 13.33 hours per month 160 hours per year

20 + years 15 hours per month 180 hours per year

Vacation hours will accrue month to month, with a cap of 200 hours. The vacation balance can carry from fiscal year to fiscal year. Employees must make valid attempts to keep accrual leaves under the cap. However, in cases of inability to take vacation, because of staffing levels, excess vacation hours shall be paid, during the July payroll period, annually.

Section 2. Vacation selection will be based on seniority and employees shall be permitted to choose either a split or entire vacation, but each employee shall be permitted to exercise his/her right of seniority for only one vacation per year.

Section 3. After one (1) year of service, upon the termination or death of an employee, all accumulated vacation shall be paid either to the employee or his/her heirs, whichever the case may be.

Article 11 - SICK LEAVE

Section 1. Employees shall accrue sick leave at the rate of eight (8) hours per month, with no limit to the amount of hours accumulated.

Section 2. An employee who becomes sick or injured while on vacation will be entitled to use sick leave time instead of vacation time. In order to shift from vacation leave to sick leave the employee must be ill or injured for three (3) days and have verification from the doctor.

Section 3. Sick leave is actual illness or injury of an employee, but may also be used for serious illness requiring the employee's presence in an employee's immediate family as defined in Article 14. A doctor's verification after three (3) days illness in the family or the employee is required.

Section 4. Sick leave is provided by the Employer in the nature of insurance against loss of income due to the employees illness or injury. No compensation for accrued sick leave shall be provided to any employee upon termination of employment for whatever reason, provided that upon bona fide retirement, one-half of the employees accrued and unused sick leave will be paid to PERS or the employees account therein, as the case may be. Sick leave shall not accrue during any leave of absence without pay.

Article 14 - OTHER LEAVES

(a) Bereavement Leave. Employees shall receive paid leave of absence of three (3) days for death in the immediate family per year. The immediate family is spouse, children, stepchildren, grandchildren, nieces, nephews, mother, father, brother, sister, grandparents, mother-in-law and father-in-law and any other relative residing in the employee's household. Leave shall not accumulate from year to year.

(b) Military Leave. Employees involved in full-time or reserve military duties in accordance with state and federal Law will be granted leave of absence for that period of time and will retain their seniority rights with the Employer. Permanent employees will receive regular pay and full benefits during military training periods up to and not to exceed fifteen (15) calendar days per year.

(c) Disability Leave (including Maternity and on the Job Injury). Maternity leave as medically required by the employee, not to exceed five (5) months, shall be granted without pay upon request of the employee and certification by the employee's physician. Where required by medical necessity related to the physical health of the employee, and extended leave would not hinder the efficient operation of the employees department, maternity leave may be extended or renewed for a period not to exceed six (6) months. In any event, this provision shall be interpreted and applied to be in conformance with applicable state and federal law.

(d) Jury Duty. The employer shall pay an employee his/her straight time hourly rate when an employee is required to serve on jury duty for such time as is actually served, including necessary waiting and travel time. The employee will endorse and remit to the employer all monies received for jury service, except the mileage allowance, when employee's service as a juror results in his/her absence from his/her scheduled shift.

(e) Personal Leave. An unpaid personal leave of up to a maximum of thirty (30) days may be granted upon request of an employee for personal problems, provided it does not interfere with departmental functions.

(f) Union Leave. A Union officer or Union Representative, whose duties on behalf of the Union require it, will be granted an unpaid leave of absence to attend Union meetings, and conventions. There will be a total of thirty (30) days per calendar year for the Department which will be set aside for such purpose, with advance notification, only one (1) person will be absent from the Department at a time.

(g) Education Leave. Employees may be granted leaves of absence without pay of educational purposes for reasonable lengths of time to attend accredited schools, conferences, seminars or other functions of similar nature to improve or up grade the individuals skill or ability in his present job, provided it does not interfere with the operation of the Police Department.

Article 15 - SUCCESSOR AGREEMENT

Negotiations shall commence in the month of January 2013 for a successor agreement.

Article 16 - EXISTING CONDITIONS

It is mutually agreed and understood by the parties that the City will not be required to continue past customs and/or practices which were in effect prior to the signing of this Agreement. The City and the Union agree, however, that any change affecting a mandatory subject of collective bargaining as per ORS 243.650 et.seq. will be bargained before the change is implemented. All employee rights and benefits shall be limited to the express provisions of this Agreement.

Article 17 - DISCIPLINE AND DISCHARGE

Section 1. Disciplinary action shall include only the following:

Oral reprimand

Written reprimand

Suspension

Discharge in writing

Disciplinary action may be imposed upon any employee only for just cause. Any disciplinary action or measure imposed upon an employee may be appealed through the regular grievance procedure. If the employer has reason to discipline any employee, the discipline shall be carried out in such a manner that it will not embarrass the employee before other employees or the public.

Any alleged misconduct of an employee will be brought up within twenty (20) working days of when the employer knew or should have known of the occurrence of the alleged charge of misconduct. After twenty (20) working days, any alleged charge of misconduct shall be abandoned by the Employer.

Written notification of any disciplinary action against an employee shall be placed in the box of or delivered to the Union President or Shop Steward the day the disciplinary action occurs. The employee has the right to have a Union Steward present at any time he/she feels the Employer may impose disciplinary action. The employer also recognizes that information regarding proposed disciplinary action is confidential and it's confidentiality will be respected unless and until disciplinary action is taken.

When an employee is interviewed concerning disciplinary action, the procedure for conducting such an interview is outlined in the Bill of Rights contained in this Agreement.

Section 2. The Employer shall not discipline any employee covered by the terms of this Agreement without just cause. The Union shall have the right to take up a disciplinary action as a grievance at Step 3 of the grievance procedure, and the matter shall be processed in accordance with this procedure.

Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time, with full restoration of all other rights and conditions of employment and the employee shall be made whole, unless otherwise modified by arbitrators decision.

Article 18 - GRIEVANCE AND ARBITRATION

Both parties to this Agreement agree to settle any grievances or disputes that might arise out of the application, meaning or interpretation of this Agreement or general labor law according to the terms herein under provided.

STEP 1. Disputes shall be first orally presented and discussed between the employee and his/her immediate supervisor within thirty (30) working days of the date upon which the alleged violation occurred, or when the grievant first became aware of the alleged violation. Both parties will make a bona fide effort to amicably settle the dispute.

STEP 2. If the matter is not settled in the above procedure within ten (10) calendar days, then the Union may refer the matter personally in writing to the Supervisor. The written grievance shall state the nature and date of the grievance, the part of the Agreement allegedly violated and the remedy requested. This written grievance shall be presented within ten (10) calendar days from the date of response (or lack of response) in Step 1. The Supervisor shall have ten (10) calendar days from the date of submission of the grievance to him/her to reply in writing. If the grievance still remains unsettled after ten (10) calendar days of submission, then the Union proceeds to Step 3.

STEP 3. The Union shall have ten (10) calendar days to present the grievance to the City Council. The City Council shall have fourteen (14) calendar days to reply in writing or to schedule a special session of the City Council.

STEP 4. The Union will have ten (10) calendar days from the response from the City Council or from the date which a response was due to serve written notice of its intention to arbitrate the grievance. Only the Union may proceed with any grievance to the arbitration step of this Grievance Procedure.

If the grievance is still unsettled under Step 3 and the Union has requested to proceed to the arbitration step, the matter shall be submitted to final and binding arbitration before a third party jointly agreed upon by the Union and the Employer. If the parties are unable to mutually agree upon an arbitrator, the Oregon State Employment Relations Board shall be requested to submit a list of seven names. Both the Union and the Employer shall strike three names from the list. The Union shall strike the first name and the City shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The designated arbitrator shall hear both parties and take testimony and evidence in a hearing on the disputed matter and shall issue a final decision. The arbitrator's decision shall be final and binding, but he/she shall have no power to alter, modify, amend, add to or detract from the terms of this Agreement. His/Her decision shall be within the scope and the terms of this Agreement and in writing within thirty (30) days of the conclusion of the arbitration hearing. It may also provide retroactivity and shall state the effective date.

Expenses for the arbitration shall be paid by the losing party. If, in the opinion of the arbitrator, neither party can be considered the losing party, then such expenses shall be borne equally between the parties. Each party shall be responsible for compensating its own representatives and witnesses.

Grievance Committee members (stewards, local union officers) may investigate, meet and process grievances during working hours without loss of pay, provided it does not interfere with work schedule.

An employees election of any administrative or judicial proceeding involving any matter which is or might be alleged as a grievance under this Article shall relieve the Employer of any obligation to arbitrate such grievance. In such event, for purposes of the grievance procedure, the Employer's last response at Step 3 shall be final and binding on all parties.

Article 19 - EMPLOYEES BILL OF RIGHTS

All employees in the bargaining unit who are the subject of a complaint or investigation shall be entitled to protection of the following rights:

1. The employee shall not waive not be deprived of any of his/her constitutional or civil rights guaranteed by the Federal and State Constitutions and Laws, afforded any citizen of the United States.

2. The employee shall be informed by the Chief of Police of the nature of the investigation and whether the employee is a witness or a suspect before any interrogation commences. The name of the complainant and other information necessary to reasonably apprise the employee of the allegations of such complaint shall be provided to the employee.

3. Any interrogation shall take place in the office of the Police Department. The interrogation shall be at a reasonable time for the employee, during the employee's duty time unless circumstances of the investigation dictate otherwise.

4. The employee shall be offered the right to Council and/or Union representation prior to and/or during any interrogation or interview to insure the employee's rights are not violated.

5. The interrogation (questioning) shall not be overly long and the employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods.

6. Interviews shall be done under circumstances devoid of intimidation or coercion and shall not otherwise violate the officer's constitutional rights. The employee shall not be subjected to any abusive language. No promises or rewards shall be made as an inducement to answer questions.

7. The employee shall not be required to take or be subjected to any lie detector devise as a condition or continued employment.

8. No suspension without pay, demotion, or dismissal shall take place prior to the above interview process.

Article 20 - PERSONNEL FILES

Pursuant to state law, employees may inspect and review their personnel file in the police department at any reasonable time. The employee or anyone with the employee's written authorization may make copies of any or all documents contained in the employee's personnel file. No documents will be placed in the employee's personnel file without his/her knowledge.

All disciplinary actions placed in the employee's personnel file shall be purged two (2) years from the time the action occurs provided the employee does not have another similar disciplinary action during the period. Arbitrator's decision that overturn City disciplinary actions shall be removed from the employee's file immediately.

Article 26 - SAFETY MEASURES

Section 1. Safety Efforts. It is agreed that the efforts of the City shall be directed to maintain all equipment in a safe and efficient working condition, and that the federal and state regulations and safety code shall be strictly observed to the parties.

Section 2. Safety. The employees shall use all protective equipment required or provided; shall perform their work in a safe manner and shall comply with all safety regulations stipulated by the City. Failure to comply with safety regulations shall be cause for discipline, up to and including termination.

Section 3. Drug and Alcohol Testing. It is agreed that it is necessary to provide a drug and alcohol free work place. In an effort to maintain a drug and alcohol free work place, it is agreed that the City of Burns may require a drug and alcohol test if an employee is involved in an accident or officer involved shooting during work hours. The accident need not result in injury for the City to require testing. Two urine or blood samples will be collected from the employee. The samples will be sent to two different certified testing labs. If the first sample is positive the employee may select a certified lab and have the second sample analyzed. Employees found to be under the influence of drugs or alcohol during work hours or those employees that refuse testing will be cause for disciplinary action, up to and including termination.

Article 26 A - SAFETY

The safety committee shall consist of a Union member appointed by the local and a Council person appointed by the governing body.

Annual safety inspections shall be performed on police vehicles. At any time an officer feels there is a need to have additional inspections performed on vehicles, such inspections may be authorized by the Police Chief. Payment for inspections and necessary repair shall be made from the vehicle maintenance budget of the Police Department.

The Employer will make every reasonable effort to provide and maintain safe working conditions and the Union will cooperate for that purpose and the Union will encourage their members to work in a safe manner.

An employee who feels that an unsafe condition exists at his/her work place shall inform the Safety Committee or supervisor immediately, as to the alleged unsafe condition. Representatives of the Safety Committee and the Union shall then meet in a timely manner (within seven (7) calendar days) to determine if such unsafe conditions do exist and if they do, to correct the matter. Unsafe conditions which are not corrected shall be subject to the Grievance Procedure.

Article 26 B - TRAINING

The employer agrees to provide paid training by the employer, with minimum of 40 hours of training per officer annually. Training provided must satisfy the topical requirements set forth by DPSST in order to maintain police officer certification. DPSST website and access will be made available for employees use, at mutually available times.

The Employer will also meet with the Union and adopt a tuition reimbursement policy to provide educational opportunity for personnel for police related courses. Tuition reimbursement must stay within the budget.

Training and travel time will be compensated at the straight time rate in cash or comp time at the option of the City. Compensation shall not exceed the normal working day.

As an incentive for employees to increase their ratings and certificates, the City will pay a monthly incentive equal to 2.5% of the employee’s monthly rate of pay for an intermediate certificate and an additional monthly incentive equal to 3% of the employee’s monthly rate of pay for an Advanced certificate. These payments will begin upon documentation of successful completion of all necessary training and testing.

The City will try to accommodate training within the 40 hour work week. Any situation that requires an employee to be traveling in training beyond the 40 hours will be paid at the regular compensatory rate Per Article 8.

Any employee who receives special training, and who voluntarily leaves the employment of the City within two years thereof, shall be obliged to reimburse the City for the City’s full expenses in providing such training.

This obligation shall be null and void if the employee is not employed in the law enforcement profession, whether in a paid or unpaid capacity, at any time during a period of twelve (12) months following his or her separation from the City.

Definitions:

Full expenses includes tuition; meals and accommodation, or per diem allowance; travel expenses; the cost of all materials required for purposes of the special training (e.g., ammunition); and salary and benefits during the period of such special training.

Special training means any course of more than ten (10) days in duration, whether those days are consecutive or discontinuous, excluding training required to maintain the employee’s DPSST certification, but including the basic Oregon police academy course.

Article 27 - RULES

Section 1. The parties jointly recognize that as elected or appointed officials the City Council is directly responsible to the Citizens of the City and the public generally for performance of functions and services performed or offered by the City. These responsibilities cannot be delegated. For this reason, it is jointly recognized that the City Council must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement, or affects a mandatory subject of collective bargaining as stated in ORS 243.650 et. seq. All work rules which have been or shall be reduced to writing will be furnished to the Union and to affected employees.

Section 2. The parties jointly recognize and agree that the City shall have the exclusive right to determine the need for additional education courses, training programs, on-the-job training and cross-training and to assign employees to such duties for such periods to be determined by the City.

Article 28 - PART - TIME EMPLOYEES

Part time employees who are included in the bargaining unit as per the Employment Relations Board decision in Case #UC-386 shall receive all benefits as provided by this Agreement on a pro-rata basis based upon the number of hours worked.

Article 29 - SAVINGS CLAUSE

Should any article, section, or portion thereof, of this Agreement be held unlawful and unenforceable by any court or administrative agency of competent jurisdiction, such decision of the court or agency shall apply only to the specific article, section, or portion thereof, directly specified in the decision.

Should any clause of this Agreement be proven illegal, the parties agree to meet immediately and renegotiate only that part found to be illegal.

APPENDIX - A

All job descriptions for all classifications contained in the bargaining unit.

APPENDIX - B

Bargaining unit employees who are employed by the City on the effective date of this agreement shall be placed on the salary schedule according to their anniversary date.

The practice of placing newly hired employees at step 1 of this salary schedule shall not prohibit the employer from placing a newly hired employee at a more advanced step.

Newly hired employees shall normally be placed at Step 1 of this salary schedule. Upon the successful completion of six (6) months continuous employment the employee shall be moved to the next higher step of the schedule. On the employees anniversary date, one year from the employees date of employment with the City the employee shall be moved to the next higher step of the salary schedule and on every anniversary date thereafter until the top step is attained.

Patrol	Base	6 month	1 year	2 years	3 years	4 years	5 years	6 years
2010-2011	2275.	2600.	2788.	3120.	3273.	3611.	3788.	3972.
2011-2012 2.5%	2332.	2665.	2858.	3198.	3355.	3701.	3883.	4071.
2012-2013 2.5%	2390.	2732.	2929.	3278.	3439.	3794.	3980.	4173.