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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 2 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 11) 1 2 3 4 6 7 8 9 10 11 12 14 19 21 22 23 24 25 27 28 30 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 49 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. 3 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. M 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. M 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. 7 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. I 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. 10 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. 11 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 12 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. 13 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 14 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 15 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 16 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. 17 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. W 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 19 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. 20 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. 21 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. 22 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. 23 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. 24 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.