2017-12RESOLUTION NO. 2017- 12
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE CITY COUNCIL OF BLAIR, NEBRASKA:
WHEREAS, the Blair City Council and the City of Blair, hereinafter referred to as "City,"
have engaged in good faith negotiations with the Fraternal Order of Police, Lodge #83, hereinafter
referred to as "Union," in an attempt to establish by agreement wages, benefits, terms and
conditions of employment for employees represented by the Union in the City of Blair Police
Department for the period of October 1, 2016 to September 30, 2018; and
WHEREAS, the City of Blair engaged in good faith negotiations with the Fraternal Order
of Police, Lodge #83 through bargaining sessions from October 29, 2015 through January 17,
2017; and
WHEREAS, the Union has rejected the City's December 20, 2016, "Final Offer" for the
period of October 1, 2016 through September 30, 2018; and
WHEREAS, the Blair City Council and the City of Blair believe said final offer to be a
true reflection of terms that meet or surpass comparability of wages, benefits, terms and conditions
of employment as prescribed by Nebraska State Statutes; and
WHEREAS, the Blair City Council and the City of Blair have rejected the Union's
February 14, 2017 "Last Best Offer" (copy attached), finding said offer to be unreasonable,
excessive, and not in the best interest of the City; and
WHEREAS, the Blair City Council and the City of Blair are implementing their final offer
for the period after September 30, 2016 which is not subject to any wage proceeding currently in
the Nebraska Commission of Industrial Relations.
NOW, THEREFORE BE IT RESOLVED, BY THE BLAIR CITY COUNCIL that an
impasse be hereby declared in negotiations between the City and the Union.
BE IT FURTHER RESOLVED that retroactive to October 1, 2016 the City 's December
20, 2016 final offer, a copy of which is attached hereto and incorporated herein by reference, be
hereby imposed as terms and conditions of employment for all bargaining unit employees
employed in the City of Blair's Office as defined in the offer.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL
CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, HANSEN, WOLFF, JENSEN,
HALL AND ANDERSEN VOTING "AYE", _ AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 14TH DAY OF FEBRUARY, 2017.
CITY OF BLAIR, NEBRASKA
BY
QANIES E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of
February, 2017.
Zyqa�l //<1-t1jk,,, �"
BRENDA R. WHEELER, CITY CLERK
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CITY OF BLAIR FINAL OFFER
AN AGREEMENT BETWEEN
THE CITY OF BLAIR, NEBRASKA
AND
THE FRATERNAL ORDER OF POLICE,
BLAIR POLICE LODGE #83
FOR THE PERIOD OF
October 1, 2016 -September 30, 2018
TABLE OF CONTENTS
Cover Page
Table of Contents
Preamble
Definitions
Recognition
No Strike/No Lockout
Maintenance of Standards
Non -Discrimination
Bulletin Board and Ballot Boxes
FOP Business
Dues Checkoff
Disciplinary Procedure, Employee Rights & Personnel Files
Grievance Procedure
Evaluations
Probationary Period
Seniority
Reduction in Force
Temporary Light Duty
Outside Employment
Management Rights
Vacation Leave
Family Medical Leave & Sick Leave
Unpaid Leave of Absence
Military Leave
Bereavement Leave
Holidays
Homs of Work & Duty Shifts
Wages
Longevity
Educational Incentive
Overtime, Callback & On Call/Stand by Pay
Compensatory Time
Shift Bidding
Uniforms & Equipment
Health, Dental, Vision & Life Insurance
Injuries in the Line of Duty
Wages (Attachment A)
CIR Waiver
Duration of Agreement
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This agreement entered into by and between the City of Blair, a municipal corporation, hereinafter
referred to as the "City" or `Employer" and the Fraternal Order of Police Blair Lodge #83, hereinafter
referred to as the "FOP", and has as its purpose the promotion of harmonious relations between the
City and its Employees, the establishment of an equitable procedure for the resolution of
employment differences, the establishments of rates of pay, hours of work, safety standards,
procedures for Employee advancement and other conditions of employment.
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DEFINITIONS
Date of Hire - The date an Employee begins full-time employment with the City of Blair.
2. Appointing Authority- The Mayor of the City of Blair.
3. Appointment - Designation of a qualified individual to a position in the municipal service.
4. City - The City of Blair, Nebraska.
5. Civil Service Commission Civil Service Commission as defined and authorized by the statutes
of the State of Nebraska.
6. Department Police Department of the City of Blair, Nebraska.
7. Department Head duly appointed Chief of Police of the Blair Police Department.
8. Effective Date -The date on which any personnel action is affected. In the event an Employee
is separated from the service of the City, this effective date shall be the Employee's last day of
compensated service, exclusive of accrued vacation leave sick leave, or other leave.
9. Emergency - Sudden or unexpected happening, demanding immediate action.
10. Employee bargaining unit member.
11. FOP Fraternal Order of Police, Blair Lodge #83.
12. Governing Body - The City Council of Blair, Nebraska.
13. Immediate Family - Spouse, children, stepchildren, mother, father, stepmother, stepfather,
brother, sister, stepbrother, stepsister, mother-in-law, father-in-law.
14. Job Descriptions - Written statement of the characteristic duties, responsibilities and
qualification requirements of a given regular position in the city employment framework.
15. Layoff — The involuntary non -disciplinary separation of an Employee from duty because of
the abolishment of a position due to material changes in duties, shortage or stoppage of work
or lack of funds.
16. Leave - An authorized absence from regularly scheduled duty which has been approved by
proper authority as provided herein.
17. Pay Period — The standard pay period begins on Sunday at 5:00 P.M. and ends fourteen (14) days later
on Sunday at 4:59 P.M.
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18. Resignation - Voluntary separation of an Employee from the service of the City.
19. Separation - Termination of employment by reason of disqualification or expiration of
temporary assignment, layoff, resignation, retirement, dismissal or death or failure to
successfully complete the probationary period.
20. Suspension - Discipline which constitutes the relieving of an Employee from duty with or
without pay for a specific period of time dependent upon the seriousness of the action which
brought the suspension.
21. Sworn Personnel- personnel requiring law enforcement certification as recognized by the
State of Nebraska.
22. Transfer - Moving an Employee from one position to another of the same class or of another
class having the same salary range, similar duties and requiring essentially the same basic
qualifications.
23. Vacancy - A previously duly authorized position with no incumbent for which funds have
been budgeted and which the appointing official considers essential to fulfill City needs and
standards.
24. Working Days - Is defined as an 8, 9, 10 or 12 -hour day depending on the Employee's job
assignment.
25. Day — Unless otherwise specified, day(s) refers to an eight (8) hour calendar day(s) and not
work day.
RECOGNITION
SECTION 1
The City recognizes the Fraternal Order of Police, Blair Police Lodge #83, as a collective bargaining
unit. The bargaining unit includes Sergeants, Detective, and Police Officers, excluding the Chief of
Police and Lieutenant.
SECTION 2
The City agrees not to recognize, deal with or enter into contractual relations either orally or written,
with any other labor organization, agent, individual or group concerning rates of pay, hours or other
terms or conditions of employment for any Employee included in the bargaining unit set forth in the
agreement.
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NO STRIKE/NO LOCKOUT
q'PCTT(1N 1
No Strikes. During the term of this Agreement, the FOP shall not strike. The Union
acknowledges that Section 48-821 of the Statutes of the State of Nebraska, as may be amended,
prohibits strikes. The Union agrees to abide by the laws of the State of Nebraska and to continue
to protect the citizens of this community at all times including during periods of labor disputes.
No Union official or agent shall directly or indirectly encourage bargaining unit members to
engage in "blue flu" activities.
If a strike, slowdown or work stoppage occurs involving bargaining unit members which
in any way hinders, delays, limits or suspends the continuity or efficiency of any service of the
Department, the Employer shall promptly notify the Union representative as designated in this
Agreement. Upon receipt of such notification, the Union agrees to notify all employees engaged
in such prohibited activity by certified mail and whatever additional means are appropriate that
such actions are in violation of state law and this Agreement and to urge such employees to cease
such activity. The Union also agrees to use its best efforts to ensure that any employees involved
in such prohibited activity cease such prohibited activity immediately.
SECTION 2
No Lockouts. During the term of this Agreement, the Employer shall not lockout any
Employees.
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MAINTENANCE OF STANDARDS
The City of Blair agrees to work towards maintaining high standards in conditions of employment
in individual operations/classifications relating to wages, hours of work, overtime differentials,
extended benefits, and general overall working conditions.
NON-DISCRIMINATION
�EC'TTON 1
All provisions of the Agreement shall be applied equally to all employees in the bargaining unit
without discrimination as to race, color, religion, sex, disability, national origin or protected age
(ages 40 and older), military status, marital status, pregnancy, or any other prohibited basis under
applicable local, state and federal law.
SECTION 2
The parties hereby agree that no officer, agent's representatives, members or anyone connected with
either party shall in any manner intimidate, coerce, restrain or interfere with the rights of the
Employees to form, join or assist labor organizations, or to refrain from any of these activities,
including on the part of the Employees to withdraw, revoke or cancel FOP membership.
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BULLETIN BOARD AND BALLOT BOXES
SECTION 1
The City shall permit the Fraternal Order of Police to use one bulletin board at the Blair Police
Station, for posting FOP notices. Only the FOP President and his/her designee(s) shall be permitted
to post or remove notices. The FOP shall be permitted to keep one (1) standard four (4) drawer
vertical file cabinet not to exceed twenty-one (21) inches in width within the police facility.
SECTION 2
The Employer shall permit the FOP to place a ballot box in the Employer's premises for use during
non -duty hours for conducting an FOP election. No campaigning shall take place during duty hours.
SECTION 3
The placement and maintenance of the ballot box shall be the responsibility and expense of the FOP.
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FOP BUSINESS
SFC'TT)N 1
FOP members, not exceeding three (3), shall be granted leave from duty, so long as their absence
does not result in a stoppage of work in the department, without pay for all meetings between the
City and FOP for the purpose of negotiating the terms of an agreement when such meetings take
place at a time during which such Employees are scheduled to be on duty.
SECTION 2
FOP officials may use earned vacation or comp time leave from duty for the purpose of attending
FOP meetings, conventions, educational conferences or conducting FOP business when it has been
determined by the Chief of Police that such absences will not hinder the effective operation of the
department. Such leave shall be contingent upon written request by the FOP and approval by the
department head not less than ten (10) calendar days in advance of the requested leave dates.
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DUES CHECKOFF
SECTION 1
The City shall deduct regular monthly FOP dues from the pay of each Employee covered by this
agreement, provided at the time of such deduction there is in the possession of the City Treasurer a
current, unrevoked, written assignment, executed by the Employees in a form designed by the
FOP. Dues deductions for new members shall begin the first full pay period following the
submission of the form to the City Treasurer and accounting department. Such authorization may
be revoked by the Employee at any time given written notice thereof to the City Treasurer.
SECTION 2
Such authorized deductions shall be made bi-weekly and will within twenty (20) days be remitted
to the FOP account with notification to the designated FOP official. The FOP shall advise the City
in writing of the name of such official.
SECTION 3
Previously signed and unrevoked written authorizations shall continue to be effective as to
Employees reinstated following layoff, leave of absence, or suspension not exceeding sixty (60)
days.
SEC:TTON 4
If the City Treasurer receives an Employee revocation or authorization on or before the eighth day
of a payroll period, no deduction will be made from that payroll period or subsequent payroll period.
If such revocation is received after the eighth day of the payroll period, a deduction will be made
from such payroll but shall not be made for subsequent payroll periods. If the City receives a
revocation during any fiscal year, the Employee shall not be eligible to sign a new authorization
until the start of the next fiscal year.
SECTION 5
At the time of the execution of the agreement, the FOP shall advise the City in writing of the exact
amount of the regular FOP dues utilizing a dollar or percentage figure based on the twenty-six (26)
annual pay periods. If the FOP desires to change the dues amount, the FOP shall notify the City in
writing and the new amount of dues thirty (30) days prior to the start of each fiscal year and the
new deduction shall begin the first pay period of the new fiscal year.
SECTION 6
The City shall not be liable for remittance of payment of any other sum than those constituting
actual deductions made, and if for any reason it fails to make a deduction for any Employee as
provided above, it shall make that deduction from the Employee's next pay period in which FOP
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dues are normally after written notification to the City of the error. If the City makes an
overpayment to the FOP, the City will deduct that amount from the next remittance to the FOP. The
FOP agrees to indemnify and hold the City harmless against all claims, lawsuits, orders, or
judgments brought or issued against the City as a result of any action taken or not taken by the City,
under the provisions of this article.
SECTION 7
The dues checkoff shall replace the current Police Association voluntary flower checkoff and no
other checkoff shall be allowed.
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DISCIPLINARY PROCEDURE, EMPLOYEE RIGHTS AND PERSONNEL FILES
SECTION 1
No Employee affected by this agreement shall be removed, suspended, demoted, or discharged, or
anyway disciplined, except for just cause.
SECTION 2
Disciplinary action may be applied in a progressive manner including the following:
1. Verbal Warnings
2. Written Reprimands/Warnings
3. Suspension(s)
4. Demotion
5. Removal or Discharge
Verbal Warnings and Written Wamings/Reprimands are not grievable; however, Employees are permitted to
attach written comments to the documents that must always accompany the documents as long as the
documents exist. All others (unless Employee is a new hire in probationary status) are grievable.
SFCTTnN 3
Any and all allegations which may result in suspension, demotion, removal or discharge shall be
provided to the Employee via written notice within seventy-two (72) hours of the employer
commencing investigation of such allegations. If such action is based upon a citizen complaint, the
Employee shall be provided a copy of the complaint with any notice of suspension, demotion,
removal or discharge. The Employer shall not solicit complaints against Employees. An
unfounded complaint shall not be kept in an Employee's personnel file.
SECTION 4
Prior to interrogation, the Employee will be given a copy of the "Garrity" warning to sign if
disciplinary action may result in suspension, demotion, removal or discharge. Note: "Garrity" still
applies if disciplinary action may result in administrative action less than suspension, demotion,
removal or discharge; however, copies of Garrity need not be distributed or read.
GARRITY
"I wish to inform you that you are being questioned as part of an official investigation of the
Police Department. You will be asked questions specifically directed and narrowly related to the
performance of your official duties or fitness for office. You are entitled to all the rights and
privileges guaranteed by the laws and the Constitution of the United States, including the right to
not be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or
to answer questions relating to the performance of your official duties or fitness for duty, you will
be subject to departmental charges which could result in your dismissal from the department. If you
do answer, neither your statements or any information or evidence which is gained by reason of
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such statements can be used against you in any subsequent criminal proceedings. However, these
statements may be used against you in relation to subsequent departmental charges."
SECTION 5
The interrogation of an Employee shall be conducted in a private location at a reasonable hour, and
when the Employee is on duty, unless the investigation dictates otherwise. Employees shall be
relieved of responsibilities without loss of pay when being interrogated. This action shall not
prohibit any law enforcement agency from conducting criminal investigations whether alleged to
have occurred during employment hours or any other time. The accused shall be informed prior to
the interview of the name and rank of the person in charge of the interview. Questions directed to
the Employee during the interview shall be asked by only one (1) interviewer at a time. The
Employee has a right to have a FOP representative or attorney of his choosing during the
interrogation.
SECTION 6
Prior to any discipline being issued, the Employer must investigate the matter as thoroughly as
possible. If the Employer is considering discipline that may result in suspension, demotion or
removal, the Employer must, at a minimum, do the following:
1. Pre -Disciplinary "Pre-Loudermill" Notification: Written notification and/or accusation
which sets forth the alleged misconduct, charges or grounds for investigation against the Employee.
Such notification shall be given by the Employer to the Employee personally or by certified mail
with return receipt requested to the address listed in the Employee's personnel file.
2. Pre -Disciplinary "Loudermill" Meeting: Prior to making a determination regarding the
Employee's guilt or innocence of the charges, the Employer shall hold a pre -disciplinary meeting
where the Employee and his/her Union representative and/or attorney are given an opportunity to
hear the charges against the Employee and examine any evidence. At the meeting, the Employee
shall be given an opportunity to explain his/her version of events. Upon completion of the pre -
disciplinary meeting, within fourteen (14) calendar days, the Employer shall issue a written
decision to the Employee notifying him/her of what discipline, if any, is being given and the
reasons for the Employer's decision.
SECTION 7
Suspension(s) with or without pay, Demotion, and Removal or Discharge shall be subject to the
following procedures;
An employee wanting to appeal the decision of the Chief to suspend, demote, remove or
discharge shall within ten (10) business days of the notice of action by the Chief file a request to
appeal to the Mayor with the City Clerk. The Mayor shall within five (5) business days of
receiving the notice of appeal schedule a hearing to consider said appeal. Hearing shall not be
held later than ten (10) calendar days from date giving notice. Within five (5) calendar days of
the hearing the Mayor shall notify the officer of his/her decision. The Mayor may uphold the
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decision of the Chief, alter the decision, or vacate said decision of the Chief. If the Mayor
vacates the Chief's decision the officer shall be reinstated with back pay.
If an employee does not agree with the Mayor's decision, he/she shall have the right to further
appeal to the Civil Service Commission per the Civil Service regulations.
SECTION 8
Employees required to attend disciplinary meetings which may result in removal, demotion,
discharge or suspension with or without pay will be given personal notice at least seventy-two (72)
hours prior to the meeting.
SRC'TTON 9
An Employee covered by this agreement shall have the right to be represented by an FOP
representative or attorney of his choice, at any pre or post -disciplinary meeting or hearing. If the
Employee chooses to have an attorney present, the Employee is solely responsible for any attorney
fees.
SECTION 10
For actions which may result in suspension, demotion, removal or discharge, any interrogation of
an Employee maybe recorded and or transcribed either by the City or Employee if requested. The
party who requests the recording shall furnish the other party with a copy of the recording upon
request.
SECTION 11
When an Employee is placed on administrative paid leave while the Employer is investigating a
matter concerning the Employee that could lead to suspension, demotion or discharge of the
Employee, the leave shall in no way affect the Employee's seniority, accumulation of paid leave,
insurance and/or any other benefits the Employee would have received if the Employee had been
actively working.
SECTION 12
Reports, letters, disciplines or other material including written comments allegedly adverse to the
interests of an Employee shall not be entered into his or her personnel file without notifying the
Employee in writing of such addition to the personnel file. An Employee may make a written
response to such document within ten (10) days. The Employee's response shall be attached to
the adverse material in the personnel file. Unfounded complaints shall never be entered into an
Employee's personnel file.
SECTION 13
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Reports, letters, disciplines or other material including written comments allegedly adverse to the
interest of an Employee may be removed from the Employee's personnel file at the Employee's
request to Employer in accordance with the following:
1. Reports, letters, disciplines (other than suspensions or demotions), may be removed
after one (1) year.
2. Disciplines of suspension and demotion may be removed after four (4) years.
SECTION 14
Items removed from an Employee's personnel file shall not be used against an Employee for work
purposes including discipline, evaluations, and promotions.
SECTION 15
Each Employee shall, upon request, have the right to review his or her personnel file during regular
business hours.
SECTION 16
No record of complaints, allegations, personnel action taken, or any disciplinary action pertaining
to an Employee shall be kept by the Employer in any location other than the personnel file
maintained by the Employer.
SECTION 17
REVIEW OF IN -CAR -VIDEO AND BODY CAMERA SYSTEM RECORDINGS:
Recordings may be reviewed in any of the following situations:
1. By an employee to make sure the video system is working during required checks.
2. By an employee to assist with the writing of a report, supplement, or memorandum.
3. By authorized department personnel who are participating in an official investigation, such as a
personnel complaint, administrative inquiry, or a criminal investigation.
4. By authorized persons for the purpose of reviewing evidence.
6. Recordings may be shown for the purposes of training value. If an involved employee objects
to showing a recording, his objection will be submitted to the Chief to determine if the training
value outweighs the employee's objection.
7. In no event shall any recording be used or shown for the purpose of ridicule or embarrassing
any employee.
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8. Employees shall not obtain, attempt to obtain, or convert for their personal use or for the
unauthorized use of another person, any information from Department video files or the
confidential files of any other agency.
9. By authorized department personnel to ensure compliance with Department Policies and
Procedures, which may result in training or retraining of the employee.
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GRIEVANCE PROCEDURE
SECTION 1
A grievance is defined as any dispute concerning the interpretation or application of a
provision of this agreement, or rules and regulations of the Department or City of Blair except
disciplinary procedures which are not subject to this grievance procedure.
SECTION 2
The FOP and/or any member of the bargaining unit shall be authorized to file a grievance.
When the Employer receives a grievance filed by an Employee without FOP assistance, the
Employee shall be responsible for notifying a designated FOP representative. A FOP
representative shall have the right to be present at any discussion between the Employer and
Employee regarding the grievance.
SECTION 3
INFORMAL STEP: The FOP or Employee may initially discuss grievances with the Chief of
Police in order to informally resolve matters as quickly as possible. In the event a satisfactory
settlement is not reached, the following procedure shall be available to the FOP or aggrieved
Employee:
STEP 1: The FOP or any Employee shall file a grievance, in writing, to the Chief.
Such grievance must be filed within fourteen (14) calendar days from the date the Grievant
became aware of the event giving rise to the grievance or the grievance will be presumed to
have been waived. The Chief will respond, in writing, within ten (10) calendar days of receipt
of the written grievance. The Chief's written response must include his reason(s) for the
decision. The Chief, FOP and Grievant may meet to discuss the grievance prior to the Chief
making a decision.
STEP 2: Within ten (10) calendar days after receiving the decision of the Chief
on the grievance, the FOP or Grievant, if still dissatisfied with such decision, may appeal the
decision by presenting the grievance in written form to the City Administrator. The City
Administrator shall respond in writing to the Grievant within ten (10) calendar days after
receiving the grievance. The City Administrator's written response must include his reason(s)
for the decision. The City Administrator, FOP and Grievant may meet to discuss the grievance
prior to the Chief making a decision.
STEP 3: Within thirty (30) calendar days after receiving the written decision of
the City Administrator on the grievance, the FOP, if dissatisfied with such decision, may
submit the grievance for binding arbitration or to a court of competent jurisdiction. Unless the
parties mutually agree otherwise, the American Arbitration Association (AAA) shall be used
to arbitrate the grievance. An Arbitrator so chosen shall be bound by and must apply the terms
of this Agreement and shall have no power to add to, subtract from, or in any way modify the
provisions of this Agreement. The Arbitrator's award shall be final and binding upon the parties
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and the Grievant. The expense of such arbitration procedure shall be borne equally by the
parties.
If an Employee chooses to pursue a grievance to arbitration without the support of the FOP,
the Employee shall be responsible for half the expense of the arbitration and any costs he
incurred for the arbitration including his attorney's fees. The FOP shall be allowed to have a
representative present at the arbitration to ensure that the collective bargaining agreement is
not violated.
SECTION 4
The time limits provided for in this grievance procedure shall be strictly construed and the
failure of any party to meet the time limits stated in this grievance procedure relative to the
submittal of the grievance shall constitute an unconditional acceptance of the remedy
promulgated at the previous step, or shall constitute a withdrawal of the grievance, whichever
is appropriate. In the event that the Employer fails to answer a grievance within the time
specified, the grievance may be processed to the next higher level and the same time limits
shall apply as if the Employer's answer had been timely filed on the last day.
SF,r TTON .5
The Employer and the FOP or Grievant, by mutual agreement in writing, may extend time
limits or waive any or all of the steps cited above.
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EVALUATIONS
SECTION 1
Evaluations shall be done a minimum of once a year.
SECTION 2
Evaluations of Officers shall be done by an immediate supervisor with input from other supervisors
and approval and input from the Lieutenant.
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PROBATIONARY PERIOD
SECTION 1
No appointment, or employment to a position designated as an entry level law enforcement position by
the City Administrator, shall be deemed complete until a one (1) year probationary period has expired.
For an employee certified by the Nebraska Law Enforcement Training Center prior to the
appointment or employment in question, the one (1) year probationary period shall begin to run at the date
of the appointment or employment in question and shall expire one (1) year thereafter.
For an employee who has not been certified by the Nebraska Law Enforcement Training Center
prior to the appointment or employment in question, the one (1) year probationary period shall begin to
run at the date of the appointment or employment in question and shall expire one (1) year thereafter or
three (3) months after certification by the Nebraska Law Enforcement Training Center, whichever date is
later.
If an employee has not been certified by the Nebraska Law Enforcement Training Center prior to the
effective date of the entry-level appointment or employment in question, but holds law enforcement
certification or other equivalent credentialing from a jurisdiction within the United States other than
Nebraska at the effective date of such entry-level appointment or employment, the probationary period
shall expire on the later of one (1) year after the effective date of the entry-level appointment or
employment in question.
During this period, Employees shall demonstrate an ability to perform the duties of the position
assigned, the failure of which may result in termination.
SECTION 2
Non -entry level certified Employees shall serve a six (6) month probationary period from
date of hire.
SECTION 3
Promoted Employees shall serve a six (6) month probationary period from date of their
promotion.
SECTION 4
After the initial probationary period, no probation period other than those outlined above
may be instituted.
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SENIORITY
SECTION 1
Seniority shall be based on continuous length of fulltime service with the
Blair Police Department without a break or interruption. The seniority of an employee is
determined by the length of fulltime service computed in years, months and days from the
beginning of his/her last continuous employment. Leaves of absence, leaves without pay,
layoffs or suspensions for disciplinary reasons all for ninety (90) calendar days or less shall
not constitute a break or interruption of service within the meaning of this section. Military
Leave does not constitute a break or interruption of service with the Employer.
SECTION 2
A list of Employees arranged in order of seniority shall be maintained and made available
for examination by Employees. The list will be revised and updated at the end of each fiscal
year.
SECTION 3
Where two (2) or more Employees in the same classification are appointed on the same date,
their seniority standing shall be determined based on the starting employment date of each
Employee.
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REDUCTION IN FORCE
The Civil Service Commission shall make recommendations concerning a reduction -in -force
policy to the governing body. The governing body shall consider such recommendations, but shall
not be bound by them in establishing a reduction -in -force policy. Prior to the adoption of a
reduction -in -force policy, the governing body shall, after giving reasonable notice to each police
officer by first-class mail, conduct a public hearing.
The governing body shall adopt a reduction -in -force policy which shall consider factors
including, but not limited to:
(a) The multiple job skills recently or currently being performed by the employee;
(b) The knowledge, skills, and abilities of the employee;
(c) The performance appraisal of the employee including any recent or pending disciplinary
actions involving the employee;
(d) The employment policies and staffing needs of the department together with contracts,
ordinances, and statutes related thereto;
(e) Required federal, state, or local certifications or licenses; and
(f) Seniority.
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TEMPORARY LIGHT DUTY
SECTION I
Temporary light duty assignments will be offered to Employees who, because of injury, illness or
disability, are temporarily unable to perform their regular assignments but who are capable of
performing alternative duty assignments if the City has light duty assignments available as
determined by the Chief of Police with approval of the City Administrator.
SF,C'TION 2
Employees injured or otherwise disabled in the line of duty shall be given preference in initial
assignment to light duty. Light duty assignments may be changed at any time, upon the approval
of the treating physician, if deemed in the best interest of the Employee or the Employer.
SECTION 3
This article in no way affects the privileges of Employees under the provisions of the Family and
Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, or other federal or
state law.
Assignment to temporary light duty shall not affect an Employee's pay classification, pay increases,
promotions, retirement benefits or other Employee benefits such as specialty pay.
SECTION 4
Depending upon the nature and extent of the disability, an officer on temporary light duty may be
prohibited or restricted from wearing the departmental uniform, carrying the service weapon or
otherwise limited in employing police powers as determined by the Chief of Police.
SECTION 5
Requests for temporary light-duty assignments shall be submitted to the Chief or designee. Requests
must be accompanied by a physician's work recommendation and/or statement of medical
certification to support a requested reassignment, which must be signed either by the treating
physician or other licensed healthcare provider. The certificate must include an assessment of the
nature and probable duration of the disability, prognosis for recovery, nature of work restrictions
and an acknowledgment by the healthcare provider of familiarity with the light-duty assignment
and the fact that the Employee can physically assume the duties involved.
The Employer may require the Employee to submit to an independent medical examination by a
health provider of the agency's choosing. In the event the opinion of this second health provider
differs from the foregoing health provider, the Employee may request a third opinion at the
Employer's expense. The Employee and Employer shall cooperate and act in good faith in jointly
selecting the third healthcare provider, and both parties shall be bound by that medical decision.
25
SECTION 6
All Employees performing temporary light duty shall return to regular duty upon determination
that they are physically and/or mentally able to perform all duties associated with their permanent
position. Any return to normal duty must be accompanied by a written physician's recommendation
and/or statement of medical certification which permits the Employee to return to work with no
limitations and/or to perform all tasks commensurate with the applicable job description.
26
OUTSIDE EMPLOYMENT
SECTION 1
Employees shall be entitled to engage in outside employment provided the duties of the outside
employment do not constitute a conflict of interest nor conflict with Employee's performance of
duties with the Employer or such outside employment is in violation of the Blair Police Department
Policies and Procedures. Duties with the Employer shall take priority over outside employment.
SECTION 2
An Employee must notify the Chief of Police of the nature of all outside employment. Employees
shall not use City clothing or equipment in any outside employment if such use is in violation of
the Blair Police Department Policies and Procedures.
27
MANAGEMENT RIGHTS
All Management rights, functions, responsibilities and authority not specifically limited by
the express terms of this Agreement are retained by the Employer.
The Union acknowledges the concept of "inherent management rights" and agrees that this
concept shall be made fully applicable to the terms of the Agreement with respect to the utilization
of the grievance procedure of this Agreement and with respect to any exercise of this Article.
The reserved rights, powers, and authority of the City include, but are not limited to the
following:
(a) The right to determine, effectuate and implement the objectives and goals of the
Department.
(b) The right to manage and supervise all operations and functions of the Department.
(c) The right to determine services to be provided, including the right to establish,
allocate, schedule, assign, modify, change, subcontract and discontinue Department
operations, work shifts and working hours.
(d) The right to establish, modify, change and discontinue work standards.
(e) The right to direct and arrange working forces including the right to hire, examine,
classify, promote, train, transfer, assign, and retain employees; maintain discipline
and control and use of Department property; suspend, demote, discharge or take
other disciplinary action against employees; and to relieve employees from duty
due to lack of work, lack of funds, a decision to subcontract or discontinue
Department operations or other legitimate reasons.
(f) The right to increase, reduce, change, modify and alter the size and composition of
the work force.
(g) The right to determine, establish, set and implement management organization
policies of the Department for the selection, training, transfer and reorganization of
employees.
(h) The right to create, establish, change, modify, subcontract and discontinue any
Department function or operation.
28
(i) The right to establish, implement, modify and change financial policies, budget
control policies, accounting procedures, prices of goods or services, public relations
and procedures and policies for the safety, health and protection of Department
property and personnel.
(j) The right to adopt, modify, change, enforce or discontinue any existing work rules,
regulations, procedures, policies which are not in conflict with this Agreement or
state statute.
(k) The right to determine and enforce employee work abilities and quality and quantity
standards.
(1) The right to establish the location of offices, including the establishment of new
offices and the relocation and closing of old offices.
(m) The right to maintain order and efficiency.
(n) The right to determine residency requirements, including but not limited to
minimum distances from the Police Department, minimum response time to report
to the Police Department, and/or whether an employee must live within the City of
Blair, Blair School District, or within Washington County.
a. Should the City change the requirements for any of the above, such change
will only effect new hires and promotions.
b. Prior to considering a proposed change, the City shall give the FOP notice
a minimum of 30 days prior to consideration of the change being placed on
the Council agenda.
c. Should the City make any changes in residency requirements per the above,
the new officer(s) and any promoted officer(s) shall have one year from the
date of hire or promotion to make the move. The City Administrator shall
have the authority to grant additional time if he/she feels circumstances
warrant the additional time. Failure to comply with any necessary move
shall result in immediate termination.
The listing of the foregoing rights, powers and authority are not in any way intended to be
exclusive, but are merely intended to illustrate the rights retained by the Employer.
29
VACATION LEAVE
SECTION 1
Entry level, probationary Employees shall accrue vacation at the rate of 3.07 hours biweekly
from their date of hire, but shall not be allowed to use vacation until they have completed one
(1) year of employment with the Employer. Vacation calculations shall be based on the
Employees anniversary date as defined as the date the Employee started employment with the
City of Blair. Employees shall receive vacation yearly as follows biweekly:
1 year through 5 years
6 years through 9 years
10 years through 14 years
15 years through 19 years
20 years +
SECTION 2
80 hours
3.07 hours bi-weekly
120 hours
4.62 hours bi-weekly
144 hours
5.54 hours bi-weekly
160 hours
6.15 hours bi-weekly
176 hours
6.77 hours bi-weekly
All requests shall be submitted to the Chief/Designee at least ten (10) days in advance. Requests
shall not be unreasonably denied.
SECTION 3
Regular days off and holidays, occurring during an Employee's vacation time, shall not be charged
against the vacation time.
SECTION 4
No employee shall earn vacation after accumulating vacation in excess of the amount of current
annual earning plus forty (40) hours.
SECTION 5
No vacation shall be granted in advance of accrual.
SECTION 6
Vacation may be taken in increments of one (1) hour periods.
SECTION 7
Employees will be paid for all accrued vacation at time of resignation, retirement or in the case of
death to the employee's estate.
30
FAMILY MEDICAL LEAVE AND SICK LEAVE
Section 1
The purpose of this section is to extend to the employees the leave they medically require for
their health, the health of family members as defined in this policy, and to comply with the
requirements of the Federal and State Family Medical Leave Acts) (FMLA), which allows the
employee up to twelve weeks of unpaid medical leave for eligible medical conditions for the
employee and eligible family members.
Section 2
Accrual of Sick Leave: Sick leave will accumulate at the rate of three and three fourths (3.75)
hours of sick leave for each pay period of service. Sick leave may be accumulated up to a
maximum of nine hundred forty-four (944) hours.
Section 3
Sick leave with pay must be earned. Employees may utilize their allowance of sick leave when
unable to perform their work duties by reason of personal illness, bodily injury, pregnancy,
disease or exposure to contagious diseases under circumstances in which the health of another
employee or the public would be endangered by attendance on duty. Sick leave earned may also
be taken for medical or dental appointments. Sick leave may also be utilized to care for a sick
immediate family member as defined in this contract.
Section 4
If any employee is absent for reasons that entitle him/her to use sick leave, the employee or a
member of his/her household shall notify the supervisor on duty as soon as possible when it is
decided the employee is unable to work. Immediately upon return to work, each employee shall
submit a leave form to the supervisor.
Section 5
FMLA leave is limited to serious health conditions regarding the employee, employee's parent,
spouse, child, or the birth or adoption of a child. Routine illnesses and medical procedures that
last three (3) days or less are not covered by FMLA. If a routine illness extends for a longer
period, a Request for FMLA Leave must be submitted, and shall become effective back to the
start of the illness or injury.
Section 6
An Employee requesting FMLA leave shall substitute accrued sick leave (as allowed in section 7
and section 8), accrued vacation leave and accrued comp leave prior to any unpaid leave allowed
under FMLA.
31
Section 7
An employee shall be eligible to use accrued sick leave for the first 3 days of any illness, injury, or
paternity leave and may be granted the use of additional days of accrued sick leave upon request to
the City Administrator. Any request for the use of additional sick leave shall require a statement from
the employee's Doctor of the medical necessity, but shall not be guaranteed. The City Administrator
may waive the above requirement of a Doctor's statement based on observable illness and/or injury.
Section 8
Pregnancy and any subsequent maternity leave shall be treated as any other illness and/or injury
covered by FMLA, except that the employee will be required to substitute accrued sick leave for the
first six weeks, and only for six weeks. Any request for the use of additional sick leave shall require a
statement from the employee's Doctor of the medical necessity, but shall not be guaranteed.
Section 9
Sick leave must be taken in increments of one (1) hour or more.
Section 10
Sick leave may be used during the probationary period, but cannot be used until earned.
�ectinn 11
The employer or authorized representative may investigate any sick leave taken by each employee.
False or fraudulent use of sick leave shall be cause for disciplinary action. The employer may request
an employee to obtain a physician's statement after three (3) consecutive days taken by an employee.
Section 12
At time of retirement or resignation of an employee, sick leave accumulated shall be converted to pay
at the following percentage of the employee's current wage, with a maximum of nine hundred forty-
four (944) hours of sick leave to be converted.
Ten Years through 11 Years 5%
Twelve Years
10%
Thirteen Years
15%
Fourteen Years
20%
Fifteen Years
25%
Sixteen Years
30%
Seventeen Years
35%
Eighteen Years
40%
Nineteen Years
45%
Twenty Plus Years
50%
32
UNPAID LEAVE OF ABSENCE
An unpaid leave of absence of up to twelve (12) months may be granted at the discretion of the
Employer. During such leave of absence, the Employee shall not accumulate bereavement leave,
vacation time, sick leave, holiday pay, floating holidays nor shall the Employee be covered by the
Employer's various insurance plans, although the Employee may secure insurance coverage upon
payment, in advance, of premiums.
33
MILITARY LEAVE
Military leave shall be granted in accordance with applicable federal and state laws, and is
limited to one hundred twenty (120) hours of paid military leave a year for drill, summer camp,
deployment, training or other military orders, with no accumulation of unused leave carried
over to the following calendar year. Such military leave may be taken in hourly increments.
Employees who are members of the National Guard or Reserve shall provide their Unit
Training Assembly (drill) schedule to their supervisor as soon as it is available from the
Military Unit. Where practicable, the Agency shall allow the employee to flex his/her work
schedule to accommodate Unit Training Assembly (drill) schedules.
I
BEREAVEMENT LEAVE
In the event of a death, an Employee is authorized a total of twenty-four (24) hours of paid Funeral
Leave per fiscal year, which shall not be chargeable to Vacation Leave. The initial minimum
period of funeral leave shall be two (2) hours; anything over two (2) hours shall be taken in one
(1) hour increments.
35
HOLIDAYS
SECTION 1
The following days and any other days that may be designated by the Employer, are paid holidays
for Employees:
New Year's Day Thanksgiving Day
President's Day Day Immediately after Thanksgiving Day
Memorial Day Christmas Eve (if applicable)
Independence Day Christmas Day
Labor Day
Columbus Day
*If Christmas Eve falls on a Monday through Thursday one-half (1/2) day, if on Friday all day and if
Christmas falls on Thursday all day Friday.
Holidays shall be observed on the actual calendar day for Patrol Officers, and Sergeants, Holidays
for all other employees will be the observed Holiday.
SECTION 2
Employees shall also receive three (3) days of floating holidays with pay; such holidays shall be
taken at the employee's request. All request shall be submitted to the Chief/Designee at least ten
(10) days in advance and shall not be unreasonably denied. Floating holidays not taken by employee
at the end of the fiscal year shall be forfeited by employee and shall not carry over to the following
fiscal year and shall not be paid out.
SECTION 3
All hours an Employee works on a holiday, shall be compensated at the rate of one and one half
(1.5) times the number of hours worked on such holiday with the holiday starting a 12:01 A.M.
through midnight on the actual day of the holiday.
SECTION 4
Employees will receive eight (8) hours of holiday pay for the listed holidays except Christmas Eve
which shall be four (4) hours.
36
HOURS OF WORK AND DUTY SHIFTS
SECTION 1
Employees covered by this agreement are governed by a work schedule of eighty (80) hours in a
fourteen (14) day period with overtime after eighty (80) hours in the pay cycle. Employees shall
work shifts of eight (8) hours, nine (9) hours, ten (10) hours or twelve (12) hours as assigned by
the Chief. Shifts for each category of each employee shall not change more often than four (4)
times per year.
Employees assigned as School Resource Officers (SRO) shall be governed by a work schedule of
forty (40) hours in a seven (7) day period consisting of five (5) calendar eight (8) hour days
during the school year. When school is not in session, both during the school year and summer,
the SRO shall be governed by the shift schedule for patrolmen.
SECTION 2
Employee's regular schedules shall be subject to flexing and/or reduction of scheduled hours to
eliminate overtime and/or compensatory time at the discretion of the Chief. Any overtime hours
must have the approval of the Chief or his designee and should be approved in advance
whenever possible. Approval shall be indicated by the Chief initialing the Employee's time
sheet.
SECTION 3
The lunch/dinner break time for patrolmen and sergeants shall be included as time worked and
shall not exceed thirty (3 0) minutes.
Detectives, Patrolman while assigned duty as SRO or task force officer, shall take a thirty (30)
minute unpaid lunch/dinner break each shift.
All employees shall be granted one (1) fifteen (15) minute paid break per half shift.
37
WAGES
SECTION 1
Employees shall be paid in accordance with Appendix A. Employees shall be placed on the step
which coincides with the Employee's years of service in the employee's current position on the
effective date of this contract. Thereafter an Employee will advance one step on the first day of
the first pay period following the anniversary date of his/her hiring or promotion, provided the
employee has achieved an acceptable performance review. If employee does not receive an
acceptable performance review, the employee will be given three (3) months to bring the review
to acceptable, at which time the pay increase will be approved. At the end of the three (3)
months should the employee still receive an unacceptable evaluation, the increase would be
further withheld and the employee would be subject to further disciplinary action.
If at the effective date of this contract an employee is placed on a proper pay step and the pay is
less than the current rate of pay the employee shall continue to receive his or her current hourly
rate until the adopted pay scale exceeds the current rate of pay.
Employees who are promoted will be placed on the pay scale step which is at least three (3)
percent above the employee's hourly rate at the time of promotion. The employee will then
progress up the pay scale on the employee's promotion date anniversary.
SECTION 2
Specialty pay shall be received by employees assigned to SRO, FTO, Task Force, and K-9.
School Resource Officers and officers assigned to any Task Force shall receive three and one-
half (3.5%) percent specialty pay above the regular rate of pay. Field Training Officers shall
receive an additional eighty cents (.80) per hour specialty pay above the regular rate of pay when
training other officers. If an officer is moved from the specialty position to a position without
specialty pay, their wage shall revert to a level compensable to that position without specialty
pay.
K-9 officers shall receive specialty pay of seven (7) hours of straight pay on each bi-weekly
payroll for the pay periods assigned a canine.
SECTION 3 Non Certified Officer in Training
A new Non -Certified Officer shall receive beginning officer wage per hour as shown on
exhibit A. Non -certified officers in training at the academy shall be paid for eighty-four
(84) hours per two (2) week period with overtime for work beyond eighty-four (84) hours,
only if certified and documented by an academy instructor as required class room time. This
shall include all travel time to and from the Academy. Study time is not work time.
38
LONGEVITY
Longevity pay shall be made by adding the appropriate percentage to the eligible employees per
hour wage on the first pay period following employee's anniversary date of hire in which the
employee is eligible for longevity pay. Longevity shall be calculated from the starting date of
employment with the Blair Police Department. Only years of service to the Police Department
shall count towards longevity pay.
After fifteen (15) years of continuous employment 1%
After twenty (20) years of continuous employment 2%
After twenty-five (25) years through remaining years of continuous employment 3%
39
EDUCATIONAL INCENTIVE
Employees shall be entitled to tuition assistance in addition to any training required by the City.
The tuition assistance shall have the following terms:
a. The City shall reimburse eligible employees for actual tuition costs, not to exceed
$150.00 per credit hour.
b. An employee must not have less than (3) years current continuous full time employment
with the City to be eligible for tuition reimbursement.
c. No tuition reimbursement shall be made unless the employee attains successful
completion of the course resulting in a grade equivalent of C or better.
d. Tuition paid at any accredited college located in Nebraska shall be eligible for
reimbursement.
e. Tuition reimbursement shall be limited to courses required for an approved degree
program or courses in math, science, English, speech, computer science or other courses
that directly improve or enhance the employee's service to the City. Courses must be
approved prior to starting the class by the City Administrator in order to qualify for
reimbursement.
f. Tuition reimbursement shall be limited to six (6) credit hours or an equivalent per
semester.
M
OVERTIME, CALLBACK AND ON CALL/STAND BY PAY
SECTION 1
Employees that work in excess of eighty (80) hours in a two (2) week pay period shall be entitled to
overtime pay.
Employees electing overtime pay shall be paid for overtime work on the payroll for the pay period
in which the overtime occurred and adequately documented, unless prior to the end of the pay period
the City notifies the officers that due to timing of payroll and how it processes payroll, it will need
to require time sheets early, then the overtime for that pay period will be applied on the next pay
roll.
SECTION 2
If an employee is called to duty during off-duty time or approved leave and such time does not
coincide with his or her scheduled tour of duty, such employee shall be paid for a minimum of two
(2) hours.
SECTION 3
If an employee must attend Court on the employee's off duty hours, then the employee shall receive
a minimum of two (2) hours pay at one and one half (1 1/2) times or (1 1/2) times actual hours worked,
whichever is greater.
41
COMPENSATORY TIME
SECTION 1
Employees that have accrued compensatory time, shall be permitted to use such time off within a
"reasonable period" after malting the request, if such use does not "unduly disrupt" the operations
of the agency. Compensatory time will not be unjustly denied.
SECTION 2
Employees may elect to receive compensatory time, which shall be awarded at time and one-half
(1 1/2) for all hours worked, in lieu of overtime payment, and accumulate up to a maximum of one
hundred (100) hours. Any overtime worked after the Employee has accumulated the maximum
amount of compensatory hours shall be compensated at overtime pay.
SECTION 3
Compensatory time will be paid upon separation of employment with the City of Blair and according
to the City Personnel Manual.
42
SHIFT BIDDING
The Chief shall have the right to allow Employees to bid for shifts within their classification, but
nothing in this agreement shall require the Chief and or City of Blair to offer shift bidding.
I'
UNIFORMS AND EQUIPMENT
SECTION 1
The employer shall have the sole discretion to direct the uniforms and equipment needed by
employees with input from the FOP. Employees will be granted one thousand one hundred dollars
($1,100.00) per year for uniform/equipment replacement to be used at the officer's discretion.
Employees shall receive uniform/equipment payments twice a year with only Social Security and
Medicare withheld, the amount will be listed on the employees W-2. The payments will be made
on the last pay period in March and September.
SECTION 2
Officers assigned special duty (SWAT, BIKE PATROL, MOTORCYCLE etc.) requiring
additional uniforms and equipment shall be given sufficient uniforms and equipment to be able to
maintain a professional appearance. These uniforms and equipment shall be provided separate of
the employee's normal duty uniform and equipment and shall not affect the employee's yearly
clothing allowance.
Ballistic proof vest (Bullet Proof) shall be replaced at the employer's expense when the
manufacturer's warranty expires; the entire expense shall be borne by the employer and not be
deducted from the employee's yearly clothing allowance.
.l
HEALTH, DENTAL, VISION AND LIFE INSURANCE
SECTION 1
The employer shall pay 100% of the cost of health insurance premiums for employees and 86% for
Employees' families, Employee w/child(ren) and Employee w/Spouse. Members of the FOP shall
receive the same health insurance coverage, under the same insurance company and policy as the
civilian employees. In the event it becomes necessary to change insurance carriers, the Employer
shall make every effort to maintain a quality health care plan and affordable rates.
SECTION 2
The employer shall pay 100% of the cost of dental insurance premiums for employees and families.
SECTION 3
The employer shall pay 100% of the cost of vision insurance premiums for employees and families.
SECTION 4
The employer agrees to pay the full premium on a life insurance policy for each Employee equal to
twenty-five thousand ($25,000.00) dollars, spousal life insurance of fifteen thousand ($15,000)
dollars and dependent children in the amount of seven thousand five hundred ($7,500) dollars. The
beneficiary shall be designated by the employee. In the absence or death of the beneficiary, the full
amount shall be paid to the Employee's estate. Benefits will be paid for any on or off-duty death
in which a policy benefit is paid. Employees will have the option of buying additional life
insurance through the employer if available through the City's current policy with the City's
insurer.
SECTION 5
The employer shall continue to pay benefits per Nebraska Statutes when an employee is injured
on the job.
SECTION 6
The employer shall maintain a Long Term Disability Plan for all employees covered by this labor
agreement.
SECTION 7
Employees, who are covered by spousal or other insurance and can provide documentation of
health insurance which is comparable to the insurance provided by the employer, shall receive one
hundred eighty ($180.00) dollars a month for opting out of the employer's coverage.
45
INJURIES IN THE LINE OF DUTY
Employees are covered by the Worker's Compensation Act as provided by the law of the State of
Nebraska (R.R.S. 48-101 to 48-1,118) and as applicable per State of Nebraska (R.R.S 16-1011 and
16-1012). When an employee under this agreement is temporarily disabled on the job and entitled
to Worker's Compensation benefits, the employee shall be eligible for a supplemental payment by
the employer by use of accumulated sick leave, vacation leave, or compensatory leave calculated
to the nearest hour. The supplemental payment shall be in the amount equal to the difference
between the average weekly wage, as calculated for Worker's Compensation benefit and the benefit
the employee receives. Such supplemental compensation shall continue for the period of temporary
disability which shall not exceed a period of one (1) year.
The employee shall not be entitled to a supplemental payment under this section in an amount that,
when added to any workers' compensation benefit and/or any wage or salary compensation received
from the employer, result in the employee receiving total compensation greater than the average
weekly wage for the applicable time period.
The payroll department of the City will provide the worker's compensation carrier with the payroll
history. The insurance carrier will compute the average weekly wage and worker's compensation
benefit. The employee's base compensation will be reduced so that regular pay, in addition to
worker's compensation equals the employee's regular salary for a period of temporary disability
which shall through the use of sick leave, vacation leave, or compensatory leave not to exceed one
(1) year.
If an employee is not off work for a period of time that Worker's Compensation would reimburse
the employee for the first week of lost wages, the City will reimburse the employee for the
amount of any lost wages from either the employee's sick leave, compensatory leave, or annual
leave.
ATTACHMENT A
2016-2017
2017-2018
Step 1
Start
Step 2
1 Year
Step 3
2 Years
Step 4
3 Years
Step 5
4 Years
Step 6
5 Years
Step 7
6 Years
Step 8
7 Years
Officer
23.93
24.34
24.80
25.36
26.18
26.90
27.71
28.60
Detective
25.47
25.80
26.12
26.91
27.67
28.45
29.30
30.14
Sergeant
27.79
28.11
28.44
29.22
29.99
30.76
31.61
32.46
2017-2018
47
Step 1
Start
Step 2
1 Year
Step 3
2 Years
Step 4
3 Years
Step 5
4 Years
Step 6
5 Years
Step 7
6 Years
Step 8
7 Years
Officer
24.53
24.95
25.47
25.99
26.83
27.57
28.40
29.31
Detective
26.11
26.45
26.77
27.58
28.36
29.16
30.03
30.89
Sergeant
28.48
28.81
29.15
29.95
30.74
31.53
32.40
33.27
47
C.I.R WAIVER
As a result of negotiations, and in consideration of this entire collective bargaining agreement,
the Union, on behalf of all of its members, hereby knowingly, intelligently, and voluntarily
waives its right to file any proceedings with the Nebraska Commission of Industrial Relations
alleging lack of comparability with respect to any wages, fringe benefits or any other conditions
of employment with respect to the time period between October 1, 2016 and September 30,
2018.
DURATION AND TERMINATION
The parties acknowledge that during the negotiations which resulted in this agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject
matter within collective bargaining, and that the agreements were arrived at after the exercise of
that right and are set forth in this Agreement. This Agreement shall be binding upon the parties
hereto from October 1, 2016 and September 30, 2018.