AGREEMENT Between CITY OF MILWAUKEE and THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21 I.U.P.A., AFL-CIO EFFECTIVE JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 TABLE OF CONTENTS CITY OF MILWAUKEE and MILWAUKEE POLICE ASSOCIATION, LOCAL #21 Page ARTICLE 1 .................................................................................................................................................................. 2 DURATION OF AGREEMENT AND TIMETABLE ............................................................................................................ 2 ARTICLE 2 .................................................................................................................................................................. 2 RECOGNITION ..................................................................................................................................................................... 2 ARTICLE 3 .................................................................................................................................................................. 4 ORDINANCE AND RESOLUTION REFERENCES ............................................................................................................ 4 ARTICLE 4 .................................................................................................................................................................. 4 SUBJECT TO CHARTER ...................................................................................................................................................... 4 ARTICLE 5 .................................................................................................................................................................. 5 MANAGEMENT RIGHTS..................................................................................................................................................... 5 ARTICLE 6 .................................................................................................................................................................. 6 PROBATIONARY EMPLOYEES ......................................................................................................................................... 6 ARTICLE 7 .................................................................................................................................................................. 7 GRIEVANCE AND ARBITRATION PROCEDURE ............................................................................................................ 7 ARTICLE 8 .................................................................................................................................................................13 PROHIBITION OF STRIKES AND LOCKOUTS ............................................................................................................... 13 ARTICLE 9 .................................................................................................................................................................13 DEFINITIONS...................................................................................................................................................................... 13 ARTICLE 10 ...............................................................................................................................................................15 BASE SALARY.................................................................................................................................................................... 15 ARTICLE 11 ...............................................................................................................................................................22 LONGEVITY PAY ............................................................................................................................................................... 22 ARTICLE 12 ...............................................................................................................................................................25 i SPECIAL DUTY AND TEMPORARY ASSIGNMENT PAY ............................................................................................. 25 ARTICLE 13 ...............................................................................................................................................................26 MOTORCYCLE PAY .......................................................................................................................................................... 26 ARTICLE 14 ...............................................................................................................................................................27 HOURS OF WORK .............................................................................................................................................................. 27 ARTICLE 15 ...............................................................................................................................................................28 OVERTIME .......................................................................................................................................................................... 28 ARTICLE 16 ...............................................................................................................................................................41 FIRE AND POLICE COMMISSION OVERTIME .............................................................................................................. 41 ARTICLE 17 ...............................................................................................................................................................44 INFORMATION RECOMMENDED TO BE FURNISHED TO ASSOCIATION .............................................................. 44 ARTICLE 18 ...............................................................................................................................................................45 RETENTION OF PENSION AND ANNUITY RIGHTS ..................................................................................................... 45 ARTICLE 19 ...............................................................................................................................................................45 PENSION BENEFITS .......................................................................................................................................................... 45 ARTICLE 20 ...............................................................................................................................................................47 LIFE INSURANCE .............................................................................................................................................................. 47 ARTICLE 21 ...............................................................................................................................................................50 HEALTH INSURANCE ....................................................................................................................................................... 50 ARTICLE 22 ...............................................................................................................................................................63 SICK LEAVE ....................................................................................................................................................................... 63 ARTICLE 23 ...............................................................................................................................................................66 FUNERAL LEAVE .............................................................................................................................................................. 66 ARTICLE 24 ...............................................................................................................................................................67 ILLNESS IN FAMILY ......................................................................................................................................................... 67 ARTICLE 25 ...............................................................................................................................................................67 INJURY PAY ....................................................................................................................................................................... 67 ARTICLE 26 ...............................................................................................................................................................70 ii TERMINAL LEAVE ............................................................................................................................................................ 70 ARTICLE 27 ...............................................................................................................................................................71 MILITARY LEAVES ........................................................................................................................................................... 71 ARTICLE 28 ...............................................................................................................................................................75 VACATIONS ....................................................................................................................................................................... 75 ARTICLE 29 ...............................................................................................................................................................81 TIME OFF FOR JURY DUTY.............................................................................................................................................. 81 ARTICLE 30 ...............................................................................................................................................................83 PAID LUNCH ....................................................................................................................................................................... 83 ARTICLE 31 ...............................................................................................................................................................83 TIME OFF IN LIEU OF HOLIDAYS ................................................................................................................................... 83 ARTICLE 32 ...............................................................................................................................................................84 HOLIDAY PREMIUM PAY ................................................................................................................................................ 84 ARTICLE 33 ...............................................................................................................................................................86 UNIFORM AND EQUIPMENT ........................................................................................................................................... 86 ARTICLE 34 ...............................................................................................................................................................90 SAFETY GLASSES ............................................................................................................................................................. 90 ARTICLE 35 ...............................................................................................................................................................91 AUTO ALLOWANCE ......................................................................................................................................................... 91 ARTICLE 36 ...............................................................................................................................................................91 LOCKERS ............................................................................................................................................................................ 91 ARTICLE 37 ...............................................................................................................................................................92 SPECIAL UNIT PAY ........................................................................................................................................................... 92 ARTICLE 38 ...............................................................................................................................................................93 UNDERWATER INVESTIGATION UNIT PAY ................................................................................................................ 93 ARTICLE 39 ...............................................................................................................................................................93 EDUCATIONAL PROGRAM ............................................................................................................................................. 93 ARTICLE 40 ...............................................................................................................................................................94 iii TUITION AND TEXTBOOK REIMBURSEMENT ............................................................................................................ 94 ARTICLE 41 ...............................................................................................................................................................96 SENIORITY FOR LAYOFF PURPOSES ............................................................................................................................ 96 ARTICLE 42 ...............................................................................................................................................................97 DUES DEDUCTIONS .......................................................................................................................................................... 97 ARTICLE 43 ...............................................................................................................................................................98 DUES CHECK-OFF ............................................................................................................................................................. 98 ARTICLE 44 ...............................................................................................................................................................99 BULLETIN BOARDS .......................................................................................................................................................... 99 ARTICLE 45 .............................................................................................................................................................100 NEGOTIATIONS ............................................................................................................................................................... 100 ARTICLE 46 .............................................................................................................................................................100 LIMITATIONS UPON ASSOCIATION ACTIVITY ........................................................................................................ 100 ARTICLE 47 .............................................................................................................................................................100 ASSOCIATION NEGOTIATING TIME ........................................................................................................................... 100 ARTICLE 48 .............................................................................................................................................................101 BANK OF HOURS FOR ASSOCIATION ACTIVITY...................................................................................................... 101 ARTICLE 49 .............................................................................................................................................................103 CONTRACT ADMINISTRATION .................................................................................................................................... 103 ARTICLE 50 .............................................................................................................................................................107 BARGAINING UNIT INFORMATION ............................................................................................................................ 107 ARTICLE 51 .............................................................................................................................................................109 UNPAID LEAVE OF ABSENCE FOR ASSOCIATION BUSINESS ............................................................................... 109 ARTICLE 52 .............................................................................................................................................................110 UNPAID MATERNITY ..................................................................................................................................................... 110 ARTICLE 53 .............................................................................................................................................................115 OFF-DUTY EMPLOYMENT ............................................................................................................................................ 115 ARTICLE 54 .............................................................................................................................................................116 iv DUTY ASSIGNMENT ....................................................................................................................................................... 116 ARTICLE 55 .............................................................................................................................................................116 POLITICAL LEAVES OF ABSENCE ............................................................................................................................... 116 ARTICLE 56 .............................................................................................................................................................117 COPIES OF MEMOS AND ORDERS................................................................................................................................ 117 ARTICLE 57 .............................................................................................................................................................118 JOINT LABOR/MANAGEMENT COMMITTEES ........................................................................................................... 118 ARTICLE 58 .............................................................................................................................................................119 LEGAL EXPENSES LIABILITY....................................................................................................................................... 119 ARTICLE 59 .............................................................................................................................................................120 AID TO CONSTRUCTION OF PROVISIONS OF AGREEMENT................................................................................... 120 ARTICLE 60 .............................................................................................................................................................121 NOTICES............................................................................................................................................................................ 121 ARTICLE 61 .............................................................................................................................................................122 ASSIGNMENTS MADE CONSISTENT WITH EMPLOYEE'S MEDICAL CAPABILITIES ......................................... 122 ARTICLE 62 .............................................................................................................................................................123 PARKING ALLOWANCE BENEFITS FOR POLICE ADMINISTRATION BUILDING EMPLOYEES ....................... 123 ARTICLE 63 .............................................................................................................................................................126 DRUG TESTING ................................................................................................................................................................ 126 ARTICLE 64 .............................................................................................................................................................133 INTERPRETER/TRANSLATOR PAY .............................................................................................................................. 133 ARTICLE 65 .............................................................................................................................................................134 ACCRUED TIME OFF DONOR PROGRAM ................................................................................................................... 134 ARTICLE 66 .............................................................................................................................................................135 REAPPOINTMENT BENEFITS ........................................................................................................................................ 135 ARTICLE 67 .............................................................................................................................................................138 FIELD TRAINING OFFICER PREMIUM PAY ................................................................................................................ 138 ARTICLE 68 .............................................................................................................................................................139 v LESB QUALIFICATION PAY .......................................................................................................................................... 139 ARTICLE 69 .............................................................................................................................................................141 WAIVER OF FURTHER BARGAINING .......................................................................................................................... 141 ARTICLE 70 .............................................................................................................................................................142 COPIES OF LABOR CONTRACT .................................................................................................................................... 142 ARTICLE 71 .............................................................................................................................................................142 INTERNAL INVESTIGATIONS ....................................................................................................................................... 142 ARTICLE 72 .............................................................................................................................................................143 EARLY INTERVENTION PROGRAM ............................................................................................................................. 143 SIGNATURES ..........................................................................................................................................................145 APPENDIX A ............................................................................................................................................................151 APPENDIX B ............................................................................................................................................................153 APPENDIX C ............................................................................................................................................................156 APPENDIX D ............................................................................................................................................................158 APPENDIX E ............................................................................................................................................................159 APPENDIX F ............................................................................................................................................................163 APPENDIX G ............................................................................................................................................................165 APPENDIX G ............................................................................................................................................................166 APPENDIX H ............................................................................................................................................................167 APPENDIX I .............................................................................................................................................................169 APPENDIX J .............................................................................................................................................................171 APPENDIX K ............................................................................................................................................................175 APPENDIX L ............................................................................................................................................................177 APPENDIX M ...........................................................................................................................................................179 APPENDIX N ............................................................................................................................................................182 vi 1 2 3 4 5 6 7 8 9 10 11 12 AGREEMENT Between CITY OF MILWAUKEE and THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21 I.U.P.A., AFL-CIO EFFECTIVE JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 PREAMBLE 1. THIS AGREEMENT, is made and entered into at Milwaukee, Wisconsin between the 13 CITY OF MILWAUKEE, a municipal corporation, hereinafter referred to as "City", as 14 municipal employer, and the MILWAUKEE POLICE ASSOCIATION, Local #21, 15 I.U.P.A., AFL-CIO, hereinafter referred to as "Association", as the representative of 16 certain non-supervisory employees of the City of Milwaukee in the Police Department. 17 2. The parties to this Agreement are desirous of reaching an amicable understanding with 18 respect to the employer-employee relationship which exists between them and to enter 19 into a complete Agreement covering rates of pay, hours of work, and conditions of 20 employment. 21 3. The parties do hereby acknowledge that this Agreement is the result of the unlimited right 22 and opportunity afforded to each of the parties to make any and all demands and proposals 23 with respect to the subject of rates of pay, hours of work, and conditions of employment 24 and incidental matters respecting thereto. 25 4. This Agreement is an implementation of the provisions of Section 111.70, Wisconsin 26 Statutes, consistent with the legislative authority in effect on the execution date of this 27 Agreement that is delegated to the City Common Council relating to: The Chief of Police 28 and the Fire and Police Commission (as set forth in Section 62.50, Wisconsin Statutes); 29 The Municipal Budget Law (as set forth in Chapter 65 of the Wisconsin Statutes); and any 30 other statutes and laws applicable to the City. The Fire and Police Commission and the 31 Chief of Police will abide by the terms of this Agreement. 32 33 5. It is intended by the provisions of this Agreement that there be no abrogation of the duties, obligations, or responsibilities of any agency or department of City government which is 1 1 now expressly provided for respectively either by: State Statute and Charter Ordinances 2 of the City of Milwaukee except as expressly limited herein. 3 6. It is intended by the parties hereto that the employer-employee relationship which exists 4 now and has heretofore existed by and between the City and the members of the 5 Association who are employed by the City shall continue to be the same in the event this 6 Agreement is terminated or by virtue of its terms becomes terminated. 7 ARTICLE 1 8 DURATION OF AGREEMENT AND TIMETABLE 9 1. This Agreement shall be in effect beginning at 12:01 a.m. on January 1, 2018, and ending 10 at 12:01 a.m. on January 1, 2020. This Agreement will terminate on January 1, 2020, 11 unless the parties hereto both agree to extend it beyond that date. 12 2. Not earlier than June 15, 2019, nor later than July 1, 2019, the Association shall give the 13 City Labor Negotiator written notice in accordance with the NOTICES Article of this 14 Agreement, indicating areas in a succeeding Labor Contract in which changes are 15 requested; conferences and negotiations shall be carried on by the parties hereto beginning 16 30 calendar days following the date such notice is provided. 17 3. Any matter which directly or indirectly relates to wages, hours or conditions of 18 employment, or which relates to other matters, whether the same are specifically covered 19 by this Agreement or not will not be a subject for bargaining during the term of this 20 Agreement, provided, however, this item is subject to the provisions of the WAIVER OF 21 FURTHER BARGAINING Article of this Agreement. 22 ARTICLE 2 23 RECOGNITION 24 1. 25 26 27 Except as provided in subsection 2, below, the Association is recognized as the exclusive bargaining agent for employees in active service and in the following classifications: Detective Police Officer 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Forensic Investigator Forensic Video Examiner Chief Document Examiner Chief Latent Print Examiner Document Examiner Police Alarm Operator Police Matron Custodian of Police Property and Stores Assistant Custodian of Police Property and Stores Narcotics Control Officer Police Electronic Technician Police Audio-Visual Specialist Court Liaison Officer Latent Print Examiner Computer Aided Dispatch System Specialist Police Data Communications Specialist Identification Systems Specialist 19 If an employee occupying one of the classifications listed above is placed on an 20 authorized leave of absence without pay, the Association shall also be recognized as the 21 exclusive bargaining agent for that individual during the period of such leave. While on 22 such leave, the individual shall not be covered by this Agreement and shall not be entitled 23 to any of its benefits except as specifically provided herein. 24 2. The Association recognizes its responsibility to cooperate with the City to assure 25 maximum service at minimum cost to the public consistent with its obligations to the 26 employees it represents. 27 3. In the event a consolidation occurs in any City department, between City departments or 28 units thereof, whose employees, in part or in whole, are within a recognized bargaining 29 unit and such consolidation results in a combining of the employees in the department 30 who were members of more than one bargaining unit, then a new election shall be 31 requested of the Wisconsin Employment Relations Commission. 32 representative, as determined by the WERC pursuant to the election, shall assume the 33 contractual obligations of each and every consolidated unit as if no consolidation had 34 occurred until the expiration of existing contract terms. 35 4. The certified In the event new positions not now covered by the recognition provisions of this 36 Agreement are created by the City through action of the Common Council and said 37 positions would be embraced within the bargaining unit, provided the City and 3 1 Association agree that the new positions(s) should be embraced within the bargaining unit, 2 then the employees appointed to such positions shall be deemed part of such bargaining 3 unit and shall be represented by the bargaining unit and they shall also be covered by the 4 Agreement between the Association and the City. 5 ARTICLE 3 6 ORDINANCE AND RESOLUTION REFERENCES 7 1. Except as provided in subsection 2, below, this Agreement contains benefits and the terms 8 and conditions under which they are provided employees. At its option, the City may 9 establish ordinances, resolutions and procedures to administer these benefits. These 10 ordinances, resolutions and procedures, as well as any other ordinances or resolutions in 11 effect, shall not be deemed a part of this Agreement unless the parties shall mutually 12 consent thereto. In the event of differences between this Agreement and ordinances and 13 resolutions, this Agreement shall control. 14 2. Subsection 1., above, shall not apply to the PENSION BENEFITS provision of this 15 Agreement. Pension benefits for employees covered by this Agreement shall be those 16 benefits defined in the applicable laws for the pension systems covering such employees. 17 ARTICLE 4 18 SUBJECT TO CHARTER 19 In the event that the provisions of this Agreement or application of this Agreement 20 conflicts with the legislative authority which devolves upon the Common Council of the City of 21 Milwaukee as more fully set forth in the provisions of the Milwaukee City Charter, Section 22 62.50, Wisconsin Statutes, 1977, and amendments thereto, pertaining to the powers, functions, 23 duties and responsibilities of the Chief of Police and the Board of Fire and Police Commissioners 24 or the Municipal Budget Law, Chapter 65, Wisconsin Statutes, 1971, or other applicable laws or 25 statutes, this Agreement shall be subject to such provisions. 4 1 ARTICLE 5 2 MANAGEMENT RIGHTS 3 1. The Association recognizes the right of the City, the Chief of Police and the Board of Fire 4 and Police Commissioners to operate and manage their affairs in all respects in 5 accordance with the laws of Wisconsin, ordinances of the City, Constitution of the United 6 States and Section 111.70 of the Wisconsin Statutes. The Association recognizes the 7 exclusive right of the Board of Fire and Police Commissioners and/or the Chief of Police 8 to establish and maintain departmental rules and procedures for the administration of the 9 Police Department during the term of this Agreement provided that such rules and 10 11 procedures do not violate any of the provisions of this Agreement. 2. The City has the exclusive right and authority to schedule overtime work as required in 12 the manner most advantageous to the City. The City shall have the sole right to authorize 13 tradeoffs of work assignments. 14 3. It is understood by the parties that every incidental duty connected with operations 15 enumerated in job descriptions is not always specifically described; nevertheless, it is 16 intended that all such duties shall be performed by the employee. 17 4. The City reserves the right to discipline or discharge for cause; except that discharge of a 18 probationary employee in the Police Officer position classification shall not have to be for 19 cause. The City reserves the right to lay off personnel of the department. 20 5. 21 22 such work is performed. 6. 23 24 27 The City shall not impose furlough days during calendar years 2018 and 2019. This provision shall sunset December 31, 2019. 7. 25 26 The City shall determine work schedules and establish methods and processes by which The City shall have the right to transfer employees within the Police Department in a manner most advantageous to the City. 8. Except as otherwise specifically provided in this Agreement, the City, the Chief of Police and the Fire and Police Commission shall retain all rights and authority to which by law 5 1 2 they are entitled. 9. The City shall have the exclusive authority to transfer any or all of the operations of the 3 Milwaukee Police Department now conducted by it to another unit of government and 4 such transfer shall not require any prior negotiations or the consent of any group, 5 organization, union or labor organization whatsoever. 6 10. The City shall have the authority without prior negotiations to consolidate the operations 7 of two or more departments, or the operations within a department, or to reorganize within 8 departments. 9 11. The Association recognizes that the City has statutory and charter rights and obligations in 10 contracting for matters relating to municipal operations. The right of contracting or 11 subcontracting is vested in the City. 12 12. The Association pledges cooperation to the increasing of departmental efficiency and 13 effectiveness. Any and all rights concerning the management and direction of the Police 14 Department and the police force shall be exclusively the right of the City unless otherwise 15 provided by the terms of this Agreement as permitted by law. 16 ARTICLE 6 17 PROBATIONARY EMPLOYEES 18 1. Prior to the start of his/her field training at the Police Training Academy, a probationary 19 employee in the Police Officer job classifications who commences recruit training at the 20 Police Training Academy shall not be covered by the GRIEVANCE AND 21 ARBITRATION PROCEDURE Article of this Agreement in differences involving 22 matters of Departmental discipline or discharge; after the start of field training, such 23 probationary employee shall not be covered by such Article in differences involving 24 matters of his/her discharge. 25 2. The duration of employee probationary periods shall be sixteen (16) months. 26 3. For employee probationary period requests from the Chief of Police to the Fire and Police 27 Commission made on or after May 16, 1995 the following procedure shall apply: 6 1 a. Copies of the Chief's letter to the Fire and Police Commission requesting an 2 extension of an employee's probationary period will be forwarded to the employee 3 who is the subject of the request and to the Association prior to the Commission 4 meeting at which the Chief's request is to be discussed; and 5 b. At the meeting of the Fire and Police Commission wherein the matter of the 6 extension is discussed, the affected employee will be given the opportunity to be 7 heard if he or she so desires. A representative of the Association may also appear 8 and be heard on behalf of the employee, if the employee so requests, and/or on 9 behalf of the Association. 10 ARTICLE 7 11 GRIEVANCE AND ARBITRATION PROCEDURE 12 During the term of the 2018-2019 City-Association Agreement, if any change to §62.50, Wi. 13 Stats. is enacted that affects the ability of the Association to arbitrate discipline, the parties shall 14 enter into immediate collective bargaining negotiations for the purpose of arriving at mutually 15 satisfactory modifications to Article 7 only. 16 I. 17 18 GRIEVANCE PROCEDURE A. GRIEVANCES 1. Differences involving the interpretation, application or enforcement of the 19 provisions of this Agreement or the application of a rule or regulation of the 20 Milwaukee Police Department affecting wages, hours, or conditions of 21 employment shall constitute a grievance under the provisions set forth 22 below. Matters of departmental discipline involving application of the rules 23 or regulations of the Milwaukee Police Department which are not subject to 24 appeal to the Board of Fire and Police Commissioners, shall constitute a 25 grievance under the aforementioned provisions and matters of departmental 26 discipline involving application of the rules or regulations of the Chief of 27 Police which are subject to appeal to the Board of Fire and Police 7 1 Commissioners shall not constitute a grievance under the aforementioned 2 provisions. Matters involving approval of medical (or dental) insurance 3 claims filed by an employee, or medical (or dental) insurance claims filed 4 by an employee on behalf of his/her dependents, shall not constitute a 5 grievance under the aforementioned provisions. 6 Obligations of the City under Chapter 65, Wisconsin Statutes, and any 7 pension matter under the exclusive jurisdiction or control of any duly 8 constituted pension board shall not constitute a grievance under the 9 provisions aforementioned. 10 2. This Grievance Procedure shall be inapplicable to grievances involving 11 health and life insurance benefits. A grievance concerning health insurance 12 or life insurance benefits, other than a matter involving claims, shall be 13 submitted directly to the City Labor Negotiator for review within fifteen 14 (15) calendar days of the occurrence of the incident leading to such 15 grievance. Within fifteen (15) calendar days following receipt of such 16 grievance by the City Labor Negotiator, representatives of the MPA shall 17 meet with the City Labor Negotiator, or his/her designee, at a mutually 18 convenient time and place in an attempt to resolve the grievance. 19 Following such meeting, the City Labor Negotiator shall answer the 20 grievance in writing setting forth the reasons for his/her decision and 21 submit same to the Association Grievance Committee Chairman within 22 twenty-five (25) calendar days of such meeting. If the grievance is not 23 settled, the Association may proceed to final and binding arbitration as 24 hereinafter provided. 25 3. All grievances and grievance appeals shall set forth the provision of the 26 Agreement and/or the rule or regulation of the Chief of Police under which 27 the grievance was filed. All appeals of duly filed grievances not submitted 28 by the Association or employee (hereinafter referred to as "member") 8 1 within the time limit specified shall be termed abandoned grievances and as 2 such shall be considered as being resolved in favor of the City and not 3 subject to provisions of this GRIEVANCE AND ARBITRATION 4 PROCEDURE. By mutual agreement, the parties may waive any of the 5 steps 6 PROCEDURE. 7 Negotiator may waive any of the steps contained in this GRIEVANCE 8 AND ARBITRATION PROCEDURE for grievances involving economic 9 matters; this waiver provision shall not apply to grievances over matters of 10 11 contained in this GRIEVANCE AND ARBITRATION With the consent of the Association, the City Labor Departmental discipline. 4. In the event the Chief or Department takes a particular action which, in the 12 Association's view, results in a violation of the agreement and such action 13 adversely affects a number of members under circumstances that are 14 essentially identical, the MPA grievance committee may file a group 15 grievance on their behalf at the second step, within 15 calendar days of the 16 occurrence of the incident leading to such grievance. The group grievance 17 shall identify by name, all members alleged to have been adversely affected 18 by such action. If the MPA grievance committee is unable to identify all 19 members of the group, by name, within the time limit allowed for the filing 20 of grievances, it shall specify those facts which cause the adversely affected 21 members to be identically situated in its view. Before responding to the 22 grievance, the Department shall provide the Association with information 23 or access to information reasonably necessary for the Association to 24 identify the members covered by the group grievance. The Association 25 must identify all members covered by the group grievance before appealing 26 it to arbitration. Alleged violations occurring after the occurrence of the 27 incident giving rise to the group grievance shall not be considered to be 28 covered by the group grievance, even if the facts are alleged to be 9 1 essentially identical. 2 grievances must be timely filed in order to be considered. Nothing herein is 3 intended to preclude the parties from agreeing to consolidate grievances and 4 group grievances for purposes of arbitration. 5 5. In such a case, separate grievances or group The aggrieved member shall reduce his/her grievance to writing on a 6 provided numbered form and shall present such written grievance to the 7 Association. 8 grievant so desires and the Association so determines, the Association shall 9 submit the written grievance to the Personnel/Administration Bureau within 10 fifteen (15) calendar days of the occurrence of the incident leading to the 11 grievance. Therein, a request shall be made for a meeting with the Chief of 12 Police to consider the grievance. The Chief of Police and the Chief's Panel 13 together with the MPA Grievance Committee Chairman, or his/her designee 14 who shall be a member of the MPA bargaining unit, shall meet at a 15 mutually agreeable time. The grievant shall be entitled to be present at such 16 appeal meeting and shall have the right to be represented by the Grievance 17 Committee Chairman, or his/her designee who shall be a member of the 18 MPA bargaining unit, and the parties shall discuss the grievance in good 19 faith and attempt to resolve the matter. Within thirty (30) calendar days of 20 receipt of the written appeal to the grievance, unless the time period is 21 mutually extended by the parties, the Chief shall, in writing, advise the 22 Chairman of the MPA Grievance Committee and the grievant as to the 23 Chief's decision with respect to the grievance. If the grievance is not settled 24 the Association may proceed to final and binding arbitration as hereinafter 25 provided. 26 27 28 The Association shall meet with the grievant and if the II. GRIEVANCE ARBITRATION A. Final and binding arbitration may be initiated by serving upon the Chief of Police and City Labor Negotiator a notice in writing of an intent to proceed to final and 10 1 binding arbitration within 30 calendar days of receipt of the Chief’s decision. Said 2 notice shall identify the grievance and the employees involved. 3 B. The parties shall have one hundred twenty (120) calendar days following the 4 receipt of such written notice to agree upon the selection of an arbitrator, If the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties shall, within seven (7) calendar days of the 9 receipt of said list, select the arbitrator by alternately striking names from the list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 28 E. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue 11 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Section 6 62.50, Wisconsin Statutes, 1977. The arbitrator shall not impair the ability of the 7 Chief of Police to operate the Department in accordance with the Statutory 8 responsibilities under Section 62.50, Wisconsin Statutes, 1977, nor shall he/she 9 impair the authority of the Chief of Police to maintain, establish and modify rules 10 and regulations for the operation of the Police Department, provided such rules and 11 regulations are not in violation of the specific provisions of this Agreement. In 12 addition, the arbitrator shall not prohibit the Chief of Police from executing 13 Departmental rules and regulations in a fair and equitable manner. 14 G. All expenses which may be involved in the arbitration proceedings shall be borne 15 by the parties equally. However, the expenses relating to the calling of witnesses 16 or the obtaining of depositions or any other similar expense associated with such 17 proceedings shall be borne by the party at whose request such witnesses or 18 depositions are required. 19 H. For the purpose of receiving testimony and evidence, the provisions of Section 20 788.06 and 788.07 of the Wisconsin Statutes shall apply. The arbitration award 21 shall be reduced to writing and shall be subject to Sections 788.08 through and 22 including 788.15 of the Wisconsin Statutes. All other sections and provisions of 23 Chapter 788 are hereby expressly negated and of no force and effect in any 24 arbitration under this Agreement. 25 I. It is contemplated by the provisions of this Agreement that any arbitration award 26 shall be issued by the arbitrator within sixty (60) calendar days after the notice of 27 appointment unless the parties to this Agreement shall extend the period in writing 28 by mutual consent. 12 1 J. The arbitrator shall submit in writing his/her award to the parties. 2 ARTICLE 8 3 PROHIBITION OF STRIKES AND LOCKOUTS 4 1. The Association pledges itself to make every effort to maintain unimpaired the police 5 service and protection of the community. It shall not cause, condone, counsel or permit its 6 members, or any of them, individually or in concert, to strike, slow down, disrupt, impede 7 or otherwise impair the normal functions of the Department. 8 2. Should one or more members of the bargaining unit, during the term of this Contract or 9 any extension thereof, breach the obligations of Subsection l, the City Labor Negotiator 10 shall immediately notify the officers of the Association that a prohibited action is in 11 progress. 12 3. The Association shall forthwith, and in any event, within twelve (12) hours, by the senior 13 responsible officer of the Association, disavow said strike, shall order its member or 14 members in writing to return to work or cease the prohibited activity and provide the City 15 Labor Negotiator with a copy of its order, or alternatively accept the responsibility for the 16 strike. 17 4. If the Association disavows the prohibited activity, the City shall not hold the Association 18 financially responsible and the Association shall interpose no defense to the City's 19 imposition of such penalties or sanctions as the City may assess against the participants. 20 Such penalties may include: 21 a. Discharge 22 b. Loss of Compensation, vacation benefits and holiday pay. 23 5. There shall be no lockout by the City during the term of this Agreement. 24 ARTICLE 9 25 DEFINITIONS 26 1. "Active Service" 13 1 "Active Service," as used herein, shall mean the performance of assigned duties in 2 accordance with the HOURS OF WORK provision of this Agreement and shall include 3 time spent by employees on paid leave as provided for herein but shall not include any 4 time spent by employees on leave without pay. In the event of an employee's resignation, 5 discharge or retirement from City employment, active service shall cease as of the 6 employee's last day at work. 7 2. "Length of Service" 8 "Length of Service," as used herein, shall mean the duration of time an employee was in 9 active service, including active service while employed as a member of the police force 10 prior to the execution date of this Agreement. 11 construction of the provisions of this Agreement, an employee in the Police Officer job 12 classification shall not accrue credit towards length of service during his probationary 13 period; provided, however, upon completion of his probationary period and attaining 14 regular status in the Police Officer job classification, the employee shall be entitled to 15 retroactive credit towards his length of service from time spent in active service as a 16 probationary employee in the Police Officer job classification. 17 3. For purposes of interpretation and "Employees Covered By This Agreement" 18 Employees employed in the Milwaukee Police Department, in active service in the 19 following position classifications, shall be covered by this agreement during its term so 20 long as they remain in active service and within such classifications: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Police Officer Detective Forensic Investigator Document Examiner Police Alarm Operator Police Matron Assistant Custodian of Police Property and Stores Police Electronic Technician Chief Document Examiner Custodian of Police Property and Stores Narcotics Control Officer Police Audio-Visual Specialist Court Liaison Officer Latent Print Examiner Computer Aided Dispatch System Specialist 14 1 2 3 4 Police Data Communications Specialist Identifications Systems Specialist 4. 5 6 7 "Employees," as used herein shall mean employees covered by this agreement as hereinbefore defined. 5. "City," as used herein, shall include any person, agent or instrumentality acting on behalf of the City within the scope of its authority, express or implied. 8 ARTICLE 10 9 BASE SALARY 10 I. 11 12 13 14 15 The biweekly rates of pay for 2018 and 2019 for those employees hired prior to October 3, 2011 shall be as follows:  Effective PP 1, 2018 a 2.0% across the board increase over the PP 26, 2017 rates of pay  Effective PP 1, 2019 a 2.0% across the board increase over the PP 26, 2018 rates of pay 16 II. The biweekly rates of pay for 2018 and 2019 for those employees hired on or after October 3, 17 2011 shall be as follows: 18  Effective PP 1, 2018 a 2.25% across the board increase over the PP 26, 2017 rates of 19 pay 20  Effective PP 1, 2019 a 2.25% across the board increase over the PP 26, 2018 rates of 21 pay. 22 23 24 A. Bi-weekly rates for employees hired prior to October 3, 2011: 25 26 Commencing Pay Period 1, 2016, employees hired prior to October 3, 2011 who make the 27 member contribution in accordance with the provisions of Article 19, paragraph 6, of this 28 Agreement shall receive a 5.8% pension offset payment. The pension offset payment to the 29 employee will continue to be made as long as the employee makes the member contribution. If 30 the employee does not make the member contribution, the 5.8% pension offset payment will no 31 longer be paid to the employee. The pension offset payment made to such eligible employee 32 shall be base building and pensionable. 33 34 1. Commencing Pay Period 1, 2018 (December 31, 2017), the biweekly base salary paid to 35 employees shall be as follows: 36 37 a. Police Officer1/ 2/ 38 Police Matron 39 Assistant Custodian of Police Property and Stores 40 Associate’s Degree Bachelor’s Degree Master’s Degree 41 or 64 Credits or Higher 42 Step 1. $2,371.65 2,391.06 2,415.32 2,425.04 43 Step 2. $2,593.96 2,613.40 2,637.65 2,647.36 44 Step 3. $2,881.66 2,901.05 2,925.31 2,935.03 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Step 4. $2,992.02 Step 5. $3,161.87 1/ 2/ b. Master’s Degree or Higher 3,093.76 3,189.01 3,288.32 3,118.07 3,213.27 3,312.58 3,127.76 3,222.99 3,322.28 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,189.01 3,288.32 3,395.26 3,213.27 3,312.58 3,419.51 3,222.99 3,322.28 3,429.22 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,252.73 3,377.59 3,507.47 3,277.01 3,401.83 3,531.75 3,286.73 3,411.53 3,541.46 Police Electronic Technician Computer Aided Dispatch System Specialist Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,395.26 3,509.72 3,624.24 3,419.51 3,533.99 3,648.52 3,429.22 3,543.69 3,658.21 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,509.72 3,624.24 3,738.82 3,533.99 3,648.52 3,763.13 3,543.69 3,658.21 3,772.82 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,377.59 3,507.47 3,642.53 3,401.83 3,531.75 3,666.79 3,411.53 3,541.46 3,676.50 Chief Document Examiner Identification Systems Specialist Step 1. $3,490.30 Step 2. $3,604.83 Step 3. $3,719.43 g. Bachelor’s Degree Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Step 1. $3,375.82 Step 2. $3,490.30 Step 3. $3,604.83 f. Associate’s Degree or 64 Credits Custodian of Police Property and Stores Step 1. $3,233.32 Step 2. $3,358.16 Step 3. $3,488.08 e. 3,045.38 3,215.28 Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Step 1. $3,169.61 Step 2. $3,268.92 Step 3. $3,375.82 d. 3,035.68 3,205.55 Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. Upon graduation from the Academy an employee shall move to step 1. Step 1. $3,074.37 Step 2. $3,169.61 Step 3. $3,268.92 c. 3,011.42 3,181.31 Police Audio Visual Specialist Step 1. $3,358.16 Step 2. $3,488.08 Step 3. $3,623.13 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Step 4. $3,763.56 Step 5. $3,909.45 Step 6. $4,061.32 3,782.96 3,928.86 4,080.75 3,807.23 3,953.11 4,105.02 3,816.92 3,962.81 4,114.72 2. Commencing Pay Period 1, 2019 (December 30, 2018), the biweekly base salary paid to employees shall be as follows: Police Officer1/ 2/ Police Matron Assistant Custodian of Police Property and Stores a. Step 1. Step 2. Step 3. Step 4. Step 5. 1/ 2/ b. $2,419.08 $2,645.84 $2,939.29 $3,051.86 $3,225.11 2,438.88 2,665.67 2,959.07 3,071.65 3,244.94 2,463.63 2,690.40 2,983.82 3,096.39 3,269.66 2,473.54 2,700.31 2,993.73 3,106.29 3,279.59 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,155.64 3,252.79 3,354.09 3,180.43 3,277.54 3,378.83 3,190.32 3,287.45 3,388.73 Custodian of Police Property and Stores Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,252.79 3,354.09 3,463.17 3,277.54 3,378.83 3,487.90 3,287.45 3,388.73 3,497.80 Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Step 1. $3,297.99 Step 2. $3,425.32 Step 3. $3,557.84 e. Master’s Degree or Higher Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Step 1. $3,233.00 Step 2. $3,334.30 Step 3. $3,443.34 d. Bachelor’s Degree Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. Upon graduation from the Academy an employee shall move to step 1. Step 1. $3,135.86 Step 2. $3,233.00 Step 3. $3,334.30 c. Associate’s Degree or 64 Credits Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,317.78 3,445.14 3,577.62 3,342.55 3,469.87 3,602.39 3,352.46 3,479.76 3,612.29 Police Electronic Technician Computer Aided Dispatch System Specialist Step 1. $3,443.34 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,463.17 3,487.90 3,497.80 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Step 2. $3,560.11 Step 3. $3,676.93 f. 3,579.91 3,696.72 3,604.67 3,721.49 3,614.56 3,731.37 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,579.91 3,696.72 3,813.60 3,604.67 3,721.49 3,838.39 3,614.56 3,731.37 3,848.28 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,445.14 3,577.62 3,715.38 3,858.62 4,007.44 4,162.37 3,469.87 3,602.39 3,740.13 3,883.37 4,032.17 4,187.12 3,479.76 3,612.29 3,750.03 3,893.26 4,042.07 4,197.01 Chief Document Examiner Identification Systems Specialist Step 1. $3,560.11 Step 2. $3,676.93 Step 3. $3,793.82 g. Police Audio Visual Specialist Step 1. Step 2. Step 3. Step 4. Step 5. Step 6. $3,425.32 $3,557.84 $3,695.59 $3,838.83 $3,987.64 $4,142.55 B. Bi-weekly rates for employees hired on or after October 3, 2011: 1. Commencing Pay Period 1, 2018 (December 31, 2017), the biweekly base salary paid to employees shall be as follows: Police Officer1/ 2/ Police Matron Assistant Custodian of Police Property and Stores a. Academy Step 1. Step 2. Step 3. Step 4. Step 5. 1/ 2/ b. $1,685.18 $2,246.91 $2,457.55 $2,730.10 $2,834.64 $2,995.58 Bachelor’s Degree Master’s Degree or Higher 2,265.31 2,475.94 2,748.49 2,853.03 3,013.98 2,288.29 2,498.93 2,771.46 2,876.01 3,036.97 2,297.49 2,508.11 2,780.64 2,885.22 3,046.15 Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. Upon graduation from the Academy an employee shall move to step 1. Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Step 1. $2,912.66 Step 2. $3,002.90 Step 3. $3,096.99 c. Associate’s Degree or 64 Credits Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 2,931.05 3,021.28 3,115.36 2,954.06 3,044.26 3,138.36 2,963.25 3,053.46 3,147.53 Custodian of Police Property and Stores Associate’s Degree Bachelor’s Degree 18 Master’s Degree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 or 64 Credits Step 1. $3,002.90 Step 2. $3,096.99 Step 3. $3,198.28 d. Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,081.64 3,199.93 3,322.98 3,104.65 3,222.90 3,345.99 3,113.85 3,232.10 3,355.19 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,216.66 3,325.11 3,433.63 3,239.67 3,348.10 3,456.61 3,248.85 3,357.31 3,465.80 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,325.11 3,433.63 3,542.18 3,348.10 3,456.61 3,565.19 3,357.31 3,465.80 3,574.37 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,199.93 3,322.98 3,450.95 3,584.00 3,722.22 3,866.11 3,222.90 3,345.99 3,473.93 3,606.97 3,745.20 3,889.12 3,232.10 3,355.19 3,483.14 3,616.18 3,754.38 3,898.30 Chief Document Examiner Identification Systems Specialist Step 1. $3,306.71 Step 2. $3,415.22 Step 3. $3,523.79 g. 3,053.46 3,147.53 3,248.85 Police Electronic Technician Computer Aided Dispatch System Specialist Step 1. $3,198.28 Step 2. $3,306.71 Step 3. $3,415.22 f. 3,044.26 3,138.36 3,239.67 Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Step 1. $3,063.26 Step 2. $3,181.52 Step 3. $3,304.62 e. or Higher 3,021.28 3,115.36 3,216.66 Police Audio Visual Specialist Step 1. Step 2. Step 3. Step 4. Step 5. Step 6. $3,181.52 $3,304.62 $3,432.55 $3,565.60 $3,703.84 $3,847.72 2. Commencing Pay Period 1, 2019 (December 30, 2018), the biweekly base salary paid to employees shall be as follows: a. Police Officer1/ 2/ Police Matron Assistant Custodian of Police Property and Stores Academy Step 1. Step 2. Step 3. Step 4. Step 5. $1,723.10 $2,297.47 $2,512.84 $2,791.53 $2,898.42 $3,062.98 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 2,316.28 2,531.65 2,810.33 2,917.22 3,081.79 2,339.78 2,555.16 2,833.82 2,940.72 3,105.30 2,349.18 2,564.54 2,843.20 2,950.14 3,114.69 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 1/ 2/ b. Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. Upon graduation from the Academy an employee shall move to step 1. Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Step 1. $2,978.19 Step 2. $3,070.47 Step 3. $3,166.67 c. 3,020.53 3,112.76 3,208.97 3,029.92 3,122.16 3,218.35 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,089.26 3,185.46 3,289.03 3,112.76 3,208.97 3,312.56 3,122.16 3,218.35 3,321.95 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,150.98 3,271.93 3,397.75 3,174.50 3,295.42 3,421.27 3,183.91 3,304.82 3,430.68 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,289.03 3,399.92 3,510.89 3,312.56 3,423.43 3,534.38 3,321.95 3,432.85 3,543.78 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,399.92 3,510.89 3,621.88 3,423.43 3,534.38 3,645.41 3,432.85 3,543.78 3,654.79 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 3,271.93 3,397.75 3,528.60 3,664.64 3,805.97 3,295.42 3,421.27 3,552.09 3,688.13 3,829.47 3,304.82 3,430.68 3,561.51 3,697.54 3,838.85 Chief Document Examiner Identification Systems Specialist Step 1. $3,381.11 Step 2. $3,492.06 Step 3. $3,603.08 g. 2,997.00 3,089.26 3,185.46 Police Electronic Technician Computer Aided Dispatch System Specialist Step 1. $3,270.24 Step 2. $3,381.11 Step 3. $3,492.06 f. Master’s Degree or Higher Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Step 1. $3,132.18 Step 2. $3,253.10 Step 3. $3,378.97 e. Bachelor’s Degree Custodian of Police Property and Stores Step 1. $3,070.47 Step 2. $3,166.67 Step 3. $3,270.24 d. Associate’s Degree or 64 Credits Police Audio Visual Specialist Step 1. Step 2. Step 3. Step 4. Step 5. $3,253.10 $3,378.97 $3,509.78 $3,645.83 $3,787.18 20 1 2 3 Step 6. $3,934.29 1. 3,953.10 3,976.63 3,986.01 Employees remaining in classifications they were in immediately prior to execution of this 4 Agreement shall continue to be paid at the pay step at which they were paid immediately 5 prior to execution of this Agreement. Employees entering new classifications during the 6 term of this Agreement, where the biweekly pay rate of the maximum pay step for the new 7 classification is greater than the rate for the maximum pay step of the classification the 8 employee previously occupied, shall, upon entering these classifications, be paid at the 9 lowest numbered pay step which pays more than the biweekly base salary they previously 10 received. Employees entering new classifications during the term of this Agreement, 11 where the biweekly pay rate of the maximum pay step for the new classification is less 12 than or equal to the rate of the maximum pay step for the classification the employee 13 previously occupied, shall continue to be paid at the pay step at which they were paid 14 immediately prior to entering such new classification. Employees hired for employment 15 during the term of this Agreement shall be paid at the lowest numbered pay step of the 16 classification for which they are employed. 17 2. Employees completing one year of active service within a pay step other than the highest 18 pay step shall advance to the next higher pay step of their classification. Employees in 19 active service shall have time spent receiving a duty disability retirement allowance 20 counted as active service for purposes of computing current and prospective pay step 21 advancement. 22 3. Base salaries of employees shall be paid biweekly and shall be in compensation for the 23 full performance of the regularly scheduled hours of work for the given biweekly pay 24 period in accordance with the HOURS OF WORK provision of this Agreement. When 25 less than the full schedule of hours is worked by an employee during any such biweekly 26 pay period, the employee's biweekly base salary shall be reduced by an amount equivalent 27 to one-eightieth (1/80) of his/her biweekly base salary for each hour or fraction thereof to 28 the nearest 0.1 of an hour during which work is not performed. 29 4. The parties agree that where the City deems it necessary to aid recruitment, the City may 21 1 make reallocations or change recruitment rates during the term of this Agreement; 2 however, in such cases, the City agrees to inform the Association prior to implementing 3 such changes. 4 5. The City reserves the right to make classification changes, but said changes shall not 5 operate to reduce the salary of current incumbents. These changes shall not be subject to 6 arbitration under any established grievance procedure. 7 6. While occupying the Police Matron classification, employees shall be entitled to the same 8 biweekly base salary paid to employees occupying the Police Officer classification; they 9 shall be paid at the numbered pay step for the Police Officer classification which 10 corresponds to their pay step in the Police Matron classification. 11 7. All employees shall participate in direct deposit of paychecks. 12 8. The parties elect not to be bound by the required frequency of wage payment provision of 13 §109.03 (1) (a), Stats., in respect to retroactive wages payable under the terms of this 14 Agreement. Retroactive wage payments under the terms of this Agreement shall be paid 15 no later than sixty days from the execution of this Agreement. For purposes of this 16 provision, the execution date of this Agreement shall be the date the resolution approving 17 this Agreement is approved by the Mayor. 18 ARTICLE 11 19 LONGEVITY PAY 20 1. Except as provided in subsection 3 of this Article, below, each employee covered by this 21 Agreement at the close of the calendar year who has completed at least ten (10) years of 22 service but less than fifteen (15) years of service as of that time shall be eligible to receive 23 $300, each employee covered by this Agreement at the close of the calendar year who has 24 completed at least fifteen (15) years of service but less than twenty (20) years of service as 25 of that time shall be eligible to receive $550, and 26 Agreement at the close of the calendar year who has completed twenty (20) or more years 27 of service as of that time shall be eligible to receive $900. An employee's "years of 22 each employee covered by this 1 service," as used herein, shall mean his/her active service as a member of the WERC- 2 certified bargaining unit represented by the Association or its predecessor, the 3 Professional Policemen's Protective Association. 4 2. 5 6 Except as provided in subsection 3 of this Article, below, payments earned under these provisions shall be made as soon as is administratively practicable after December 31. 3. An employee retiring on normal pension, or resigning voluntarily from the Police 7 Department shall be entitled to the benefits provided by subsection 1 of this Article, 8 above, prorated on the basis of his/her active service in the calendar year he/she retired, 9 computed to the nearest calendar month. For purposes of prorating, an employee on the 10 Police Department payroll for at least 14 days in a calendar month shall be deemed as 11 having been on the payroll for the full calendar month; in the event the employee is on the 12 Police Department payroll less than 14 days in a calendar month, then the employee shall 13 be deemed as not having been on the payroll at all during the calendar month. For 14 purposes of determining eligibility for the benefits provided in subsection 1, above, years 15 of service shall be computed as of the effective date of the employee's normal retirement 16 or voluntary resignation. 17 administratively practicable after the employee's retirement or voluntary resignation; the 18 employee contribution required under subsection 5.b., below, shall be deducted from these 19 payments. All other provisions of this Article shall apply unchanged. 20 4. Payments earned hereunder shall be made as soon as is Except as provided in subsection 5 of this Article, below, payments made under the 21 provisions of this Article shall not be included in the determination of overtime 22 compensation or any other fringe benefits. 23 5. Employees in active service who retire from active service on normal pension shall have 24 their Longevity Pay benefits included in final average salary for purposes of computing 25 their service retirement allowance. For purposes of interpretation and construction of the 26 provisions of this Article: 27 a. 28 The Longevity Pay benefit to which the employee is entitled to include in the Final Average Salary computation shall be an amount equal to the Longevity Pay 23 1 payment the employee received for December 31 of the calendar year immediately 2 preceding the employee's effective date of retirement. For such employees who 3 retire after December 31, 1997, and who have attained 20 years or more of service 4 by the end of the calendar year which includes their effective date of retirement, 5 that amount shall be the longevity pay payment the employee would have received 6 had he or she remained in active service for the calendar year which includes his or 7 her effective date of retirement. 8 b. 9 $1.00 of the Longevity Pay payment they received for that year. The contribution 10 11 Employees shall be required to contribute to their respective City pension funds shall be a payroll deduction made at the time the payment is made. 6. Employees in active service shall have time spent receiving a duty disability retirement 12 allowance counted as active service for purposes of computing current and prospective 13 longevity benefits. 14 7. An employee who is on detached status under the Contract Administration provisions of 15 this Agreement or an employee who has returned to active duty from detached status 16 under the Contract Administration provisions of this Agreement, or a prior Agreement 17 between the City and the Association, shall be entitled to these benefits under the terms 18 and conditions set forth if the combination of his/her "years of service," as defined in 19 paragraph 1., hereof, and his/her service in detached status establish eligibility therefore. 20 8. An employee on a military leave of absence for performance of duty as a member of the 21 State of Wisconsin National Guard or a reserve component of the Armed Forces of the 22 United States shall be eligible for Longevity Pay benefits for a calendar year prorated on 23 the basis of the employee's active service with the Department in that calendar year 24 subject to the following: 25 a. The military leave is a result of being called to, or volunteering for, active duty 26 under the authority granted to the President of the United States or the Congress of 27 the United States for a period of more than 30 calendar days; 28 b. The length of service requirements provided in section 1., above, shall determine 24 1 the amount of Longevity Pay benefits to which the employee is entitled; 2 c. Length of service shall be calculated as of the effective date the employee 3 separated from active service with the Department and began his/her unpaid 4 military leave of absence. 5 d. For purposes of prorating Longevity Pay benefits, an employee on the Police 6 Department payroll for at least 14 days in a calendar month shall be deemed as 7 having been on the payroll for the full calendar month; in the event the employee is 8 on the Police Department payroll less than 14 days in a calendar month, then the 9 employee shall be deemed as not having been on the payroll at all during the 10 calendar month. 11 ARTICLE 12 12 SPECIAL DUTY AND TEMPORARY ASSIGNMENT PAY 13 1. Each employee in the Police Officer job classification shall be paid an additional amount 14 for time spent underfilling the position of Desk Sergeant at the direction of his 15 commanding officer. The additional amount for each hour of time so spent shall be 16 equivalent to the difference between the base salary hourly rate of step one of Pay Range 17 808 and the Police Officer's base salary hourly rate. 18 2. Effective Pay Period 11, 1995, employees in the Police Officer classification who are 19 assigned or continue to be assigned by the Chief to the Communication Operations 20 Division to perform dispatch duties and the two Police Officers who are assigned or 21 continue to be assigned to the Court Administration Section to perform work as court 22 coordinators shall be entitled to receive temporary assignment pay for all active service in 23 such assignments. For purposes of this paragraph only, temporary assignment pay is 24 defined as a flat dollar amount equal to the difference between the maximum bi-weekly 25 pay rate for pay range 801 and the maximum bi-weekly pay rate for pay range 804. 26 27 3. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension 25 1 2 benefits or other fringe benefits. 4. Effective at the start of the first full pay period following execution of the 1998-2000 3 Agreement, the two individuals who are currently underfilling the position of Court 4 Liaison Officer shall be appointed, through the appropriate procedures set forth by law, to 5 that position. 6 ARTICLE 13 7 MOTORCYCLE PAY 8 1. Motorcycle traffic patrol duty shall also include the time spent performing the duties and 9 responsibilities associated with winter storage of the officer's assigned motorcycle. Such 10 duties shall be prescribed by the Chief of Police, who may, from time to time, change 11 them. The duties shall include, but not be limited to, frequent visual inspection, periodic 12 recharging of the motorcycle's battery, performing the prescribed shut down procedure at 13 the beginning of winter storage and a startup procedure at the end of winter storage and 14 washing and waxing the motorcycle. The duration of time spent by an employee in the 15 performance of winter storage duties shall not exceed 1½ hours per month; no employee 16 shall devote more time to such duties without obtaining prior authorization from the 17 employee's commanding officer. 18 2. 19 20 A motorcycle shall be stored only in a private storage area approved by the Chief. The period of winter storage shall be determined by the Chief of Police. 3. For the duration of the winter storage period, an officer who maintains his/her assigned 21 motorcycle in an approved private storage area shall receive $20.00 biweekly in addition 22 to base salary in lieu of any other compensation for the duties (and the expected amount of 23 time devoted to those duties) described in sections 1 and 2, above. 24 4. Except as modified by sections 1 through 3, all heretofore existing administrative 25 procedures associated with the $20.00 biweekly payments received by employees 26 assigned to motorcycle traffic patrol duty shall remain unchanged. 27 5. Winter storage of City motorcycles and compensation therefore, as set forth in sections 1 26 1 through 4, may be terminated at any time at the sole discretion of the Chief of Police. 2 ARTICLE 14 3 HOURS OF WORK 4 1. The normal hours of work for employees covered by this Agreement shall consist of work 5 shifts of eight (8) consecutive hours which in the aggregate results in an average normal 6 work week of forty (40) hours. 7 2. Within the normal hours of work, any shift assignment of eight consecutive hours, which 8 is of 10 consecutive eight-hour work shifts in duration or longer, with each eight-hour 9 work shift starting at the same time or in the case of special assignments such as vice- 10 squad with possible differing starting times for each eight-hour work shift shall be deemed 11 to be a regularly scheduled eight-hour shift assignment; except that within the normal 12 hours of work Christmas Store detail or Summerfest detail shall also constitute a regularly 13 scheduled eight-hour shift assignment. 14 assignment of employees assigned to the Professional Performance Division (PPD) who 15 perform duties traditionally performed by PPD, including criminal investigations of 16 department members and investigations of claims to which the department is a party, shall 17 be established in the same manner as that of employees assigned to the vice-squad as 18 stated above. 19 3. 20 21 The regularly scheduled eight-hour shift The regularly scheduled eight-hour shift shall be established by the Chief of Police in accordance with the requirements set forth above. 4. Except on those occasions when an emergency situation exists, if the Department desires 22 to change the off days falling within a single pay period for a member who otherwise 23 continues to be assigned to the same schedule and off day group, the member must be 24 given personal notice of such change, at least seven days prior to the start of the pay 25 period in question. If the Department fails to give such notice, all hours worked on either 26 of the off days in question shall be treated as falling outside the regularly scheduled eight- 27 hour shift, as provided in Article 15. 27 1 ARTICLE 15 2 3 OVERTIME 1. DEFINITION: 4 Overtime shall be all authorized assignments outside the regularly scheduled eight-hour 5 shift as hereinbefore defined under the Article “Hours of Work.” Notwithstanding the 6 fact that trade off of work assignments or other rescheduling of work assignments 7 authorized by the Department at the request of the employee results in work assignments 8 outside of the regularly scheduled eight-hour shift, such time shall not be considered 9 overtime. 10 11 12 2. OVERTIME RATES a. 13 14 15 Overtime earned as a result of training time or roll-call time shall be compensated for at base salary rates (1X). b. Overtime earned as a result of court time shall be compensated as follows: (1) Each court appearance less than or equal to two and one-half (2½) hours in 16 duration shall be compensated at one and one-half base salary rates 17 (1½X); however, a minimum of two and one-half (2½) hours’ pay at one 18 and one-half base salary rates (1½X) shall be granted employees covered 19 by this Agreement when said employees are officially required to appear 20 in court on their own time, provided said employees are excused before 21 completing the two and one-half (2½) hour minimum. 22 (2) Each court appearance greater than two and one-half (2½) hours in 23 duration shall be compensated at one and one-half base salary rates (1½X) 24 for the entire time of such appearance. 25 (3) Notwithstanding the foregoing, within any court appearance, the first hour 28 1 2 of court-ordered lunch time shall be unpaid. (4) Parking During Court Overtime Appearance 3 Subject to the following terms and conditions, the City will provide 4 employees with City-paid parking at MacArthur Square parking facility 5 (located at 841 N. James Lovell Street) when they are on authorized Police 6 Department business during off-duty hours as a result of either a court 7 overtime assignment or when ordered to the Police Department 8 Administration Building by a commanding officer: 9 (a) If the MacArthur Square parking facility has no available parking 10 space, the City will honor parking receipts from the MATC 11 parking facility. 12 13 (b) Each instance of City-paid parking shall be limited to: i. Court Overtime 14 The duration of the employee’s court overtime appearance 15 beginning at the time the employee is required to be in 16 court, ending at the time the employee is released by the 17 court and including a reasonable amount of time for the 18 employee to get to and from his/her parked vehicle. An 19 employee assigned to the early shift on a regular basis who 20 receives City-paid parking hereunder as a result of a court 21 appearance during his/her off-duty hours shall also be 22 entitled to an extension of such parking until the end of 23 his/her assignment on that date if he/she is assigned to early 29 1 shift duty on that date and the conclusion of the court 2 appearance falls within two hours of the start of his/her 3 shift. 4 ii. Authorized Departmental Business at Police 5 Administration Building 6 The duration of the employee’s appearance at the Police 7 Administration Building beginning at the time the 8 employee is required to be there, ending at the time the 9 employee is released by the Department and including a 10 reasonable amount of time for the employee to get to and 11 from his/her parked vehicle. 12 (c) In order to receive City-paid parking benefits, the employee shall, 13 immediately following the conclusion of a court appearance, 14 present the court overtime time card for that appearance and the 15 designated parking facility receipt covering the time period of the 16 appearance to a supervisory police officer designated by the Police 17 Department Administration. The overtime card shall indicate the 18 duration of the court appearance. Based on the overtime card, the 19 designated supervisory officer shall authorize the payment of the 20 parking fee to cover the time period of the court appearance and a 21 reasonable amount of time for the employee to get to and from 22 his/her vehicle and the court. The time allowed to get to and from 23 the employee’s parked vehicle and the court shall be the same as in 30 1 provided in Departmental Order #8947, adopted November 27, 2 1984. This Order provides that each instance of City-paid parking 3 shall be limited to the duration of the employees’ court overtime 4 appearance and include actual time up to 30 minutes prior to the 5 start of the court overtime and no more than 30 minutes after the 6 conclusion of the court overtime. 7 associated with an employee’s appearance at the Police 8 Department Administration Building during off-duty hours on 9 authorized Departmental business pursuant to order of a 10 commanding officer shall be administered in accordance with 11 procedures established for that purpose by the Police Department 12 Administration. 13 (d) City-paid parking benefits The City shall be held harmless against any and all claims, actions 14 and lawsuits relating to theft or personal property damage brought 15 against the City by employees using parking facilities pursuant to 16 the parking allowance benefits provided herein. The City shall be 17 held harmless against any and all claims, lawsuits, actions, 18 damages and judgments due to the employee’s operation of his or 19 her private vehicle at parking facilities which are subject to the 20 parking allowance benefits provided herein. Nothing herein would 21 operate to relieve the City of any liability it may have arising from 22 its actions or omissions or preclude the employee from pursuing 23 any rights or claims he/she may have under Wisconsin State 31 1 Statute 895.46. 2 c. Overtime earned as a result of an authorized eight-hour shift assignment which 3 falls outside the regularly scheduled eight-hour shift in whole or in part and which 4 because of the nature of the work performed does not fall within 2.a. or 2.b., 5 above, shall be compensated at one and one-half (1½X) the base salary rate, 6 except that if an employee’s regularly scheduled eight-hour shift, as established 7 by the HOURS OF WORK provision of this Agreement, is changed, then all time 8 worked on the new regularly scheduled eight-hour shift shall be compensated at 9 (1X) the base salary rate. 10 d. Overtime earned as a result of an authorized assignment outside of the regularly 11 scheduled shift which does not fall within 2.a., 2.b. or 2.c., above, shall be 12 compensated at one and one-half (1½X) the base salary. 13 3. 14 OVERTIME PAYMENTS a. 15 Definitions (1) Compensatory Time Off Balance (CTB) 16 The term “compensatory time off balance (CTB)”, as used in subsection 3 17 of this Article, shall mean the unused amount of overtime the employee has 18 earned that was compensated in time off instead of cash. 19 (2) Overtime Earned 20 The term “overtime earned,” as used in subsection 3 of this Article, shall 21 mean the amount of overtime worked times the rate at which it is 22 compensated; for example, one hour of overtime worked that is 23 compensated at straight time rates (1X)*1 under this Article shall equal one 24 hour of overtime earned and one hour of overtime worked that is 25 compensated at a rate of time and one-half (1½X) under this Article shall 1 *Less than two and one half hours of Court Overtime worked shall equal two and one half hours of overtime earned at 1.5X Base Salary. 32 1 2 equal 1½ hours of overtime earned. b. Payment 3 All overtime earned for work performed during the term of this Agreement, shall 4 be paid for in cash except that: 5 (1) If an employee’s compensatory time off balance (CTB) recorded on the 6 most current Police Department Personnel Status Report is less than 225 7 hours, the employee may elect to be compensated in time off instead of 8 cash for each instance of overtime work performed after issuance of the 9 most current Status Report until issuance of the next Status Report which indicates the employee’s CTB is equal to or greater than 225 hours. 10 11 (2) An employee may use compensatory time off on dates he/she has requested 12 provided the employee gives his/her commanding officer reasonable 13 advance notice of the dates requested and the dates are determined 14 available by the commanding officer in accordance with the needs of the 15 Police Service. The processing of requests for use of compensatory time 16 off shall be on a first-come, first-served basis. Decisions made by the 17 employee’s commanding officer with respect to the availability of the 18 dates the employee has requested shall be subject to all of the provisions 19 of subsections 3.b. (3) and (4). 20 (3) The parties recognize and shall implement the U.S. Department of Labor’s 21 position that prior to denying a request to use accrued compensatory time, 22 and even when granting the request would bring operations below 23 prescribed staffing levels, an employer must first attempt operational 24 alternatives to fill its prescribed staffing levels by using replacement 25 officers at premium overtime rates when required by the FLSA. 26 Accordingly, the City, working with and through the Milwaukee Police 27 Association, has established a system which guarantees that no one is 28 denied compensatory time off when prescribed staffing levels can be met 33 1 through a replacement (paid at FLSA premium rates where they apply). If 2 a police officer is denied a request to use compensatory time on the 3 regularly scheduled shift that the officer has requested, whether on the 4 basis of prescribed staffing levels or for any other reason(s), the provisions 5 enumerated as subsections (a) through (k) at the end of this paragraph will 6 be utilized in order to obtain, when at all possible, a suitable replacement 7 for the officer, excepting under the following circumstances in which the 8 below-described duties fall within the officer’s regularly scheduled shift: 9 (aa) where that police officer is required to testify at a hearing, trial, or 10 other proceeding on behalf of the City (including, inter alia, Fire 11 and Police Commission meetings or hearings, grievance arbitrations, 12 or lawsuits) to the exclusion of any other police officer, and where 13 he or she has not been subpoenaed to testify; 14 (bb) where a police officer is mandated to appear at a charging 15 conference in the office of the District Attorney, or before any other 16 public prosecutor, and where his or her involvement in the arrest or 17 other pertinent events mandates that the police officer appear to the 18 exclusion of any other police officer; and 19 (cc) in those circumstances where the police officer (excluding those 20 assigned to the Patrol Bureau and excepting those police officers 21 assigned to the Patrol Support Division), possesses unique technical 22 skills which are required to be made available to the Police 23 Department during a particular period of time. In the event that an 24 officer is denied compensatory time off (or is initially granted 25 compensatory time off and is subsequently denied) under this 26 subsection (cc), s/he shall be compensated at the rate of 1-1/2x (or 27 2x if cancelled within 24 hours of the start of the compensatory time 28 previously granted) for all hours of that shift for which 34 1 compensatory time off had been requested if the following 2 conditions are satisfied prior to notification by the Department that 3 s/he would be required to work during that time: 4 1. the officer made arrangements for a replacement; and 5 2. both the officer requesting compensatory time off and the 6 replacement executed and filed with the Department the forms 7 specified in Article 15 Section 3.b.(3)(l), of this paragraph, 8 below. 9 The Chief of Police shall develop a form, which will be posted at each work 10 location throughout the Police Department, upon which employees seeking 11 replacements may identify themselves and the pertinent date(s). 12 availability of this form shall not preclude the use of replacements obtained 13 by police officers through other means. The following conditions will apply 14 to replacements obtained under this subsection. If these conditions are 15 fulfilled, the replacement will work in place of the employee who has 16 requested the use of compensatory time off and that request shall be 17 18 granted. (a) Arrangements for a replacement must be made and confirmed at 19 least 48 hours in advance of the start of the compensatory time 20 which is to be taken off. 21 (b) The The replacement worker is within the same “box” as shown on the 22 “Milwaukee Police Department Organizational Chart” attached 23 hereto as page 1 of Appendix G (as may be in effect, modified or 24 changed from time to time by the Department or the Fire and 25 Police Commission) as the employee exercising his/her right to use 26 compensatory time off, except as specifically provided on page 2 35 1 of Appendix G or unless the employee’s commanding officer in his 2 or her discretion approves a replacement obtained by the employee 3 from a different “box.” In the event that the Department or the 4 Fire and Police Commission modifies the organizational chart, the 5 parties will immediately engage in collective bargaining to provide 6 for reasonably comparable access to replacement workers. 7 (c) 8 9 date of hire and must have completed field training. (d) 10 11 (e) The replacement will be permitted to work as a replacement only on a day when he/she would otherwise be on a regular day off. (f) 14 15 The replacement must be of the same rank as the employee requesting use of compensatory time off. 12 13 The replacement must have more than one (1) year of service from An employee is ineligible to work as a replacement for more than two (2) regular off days in a pay period. (g) An employee is ineligible to work as a replacement for more than 16 four (4) hours during a shift that immediately precedes or follows 17 that employee’s regular work shift, not to exceed two (2) occasions 18 per pay period. However, if, because of staggered shifts, the shift 19 of the officer who is being replaced ends or begins one hour before 20 or after the shift of the replacement officer, such shift shall be 21 deemed to “immediately” precede or follow the replacement’s 22 regular work shift. When this occurs, the replacement shall work 23 the one-hour of gap (for a maximum of five (5) hours work), which 36 1 gap time shall be compensated as if it was regular replacement 2 time, as specified in subsection (h), immediately below. 3 (h) The regular shift replacement hours will be compensated in cash at 4 straight-time (1X) rates (except for the four (4) contractual 5 holidays specified at Article 32 paragraph 1 of this Agreement 6 which will be paid at 1½X Base Salary). 7 replacement under this subsection shall be counted as “hours 8 worked” for FLSA purposes, so long as the requirements of the 9 FLSA apply to the City. Time worked as a 10 (i) The replacement will not receive out-of-shift premium. 11 (j) The replacement shall be subject to all of the obligations applicable 12 13 to any employee who is regularly scheduled for duty. (k) If the replacement reports sick on a day when he/she is scheduled 14 to work as a replacement, he/she will be ineligible thereafter to 15 work as a replacement for a period of 90 days. If the replacement 16 reports injured off-duty on a day when he/she is scheduled to work 17 as a replacement, the replacement will be ineligible thereafter to 18 work as a replacement for a period of 90 days unless: (1) the off- 19 duty injury occurred subsequent to the time at which the 20 replacement agreed to serve in that capacity; and (2) the 21 replacement provides medical substantiation of the off-duty injury. 22 23 (l) A replacement will, at the time of his/her selection, execute on a form prescribed by the Chief of Police his/her agreement to serve 37 1 as a replacement in accordance with the terms and conditions of 2 this Agreement. The officer taking compensatory time off who 3 arranged for the replacement will also execute this form. 4 (4) An officer, at his/her option and under preexisting practices, may also seek a 5 “body-for-body” trade as allowable under 29 C.F.R. § 553.31 (“Substitution”) in 6 order to use compensatory time off when desired. This shall not be a prerequisite 7 to the procedure set forth in subsection 3.b.(2) and (3) for obtaining a 8 replacement. 9 c. 10 Compensatory Time Off Segments (1) Subject to the terms and conditions provided for in subsection 3.b.(2) of 11 this Article, above, and except as provided in 3.c.(2), below, an employee 12 authorized to use earned compensatory time off must use it in units of 13 either eight-hour days or four-hour segments. 14 (2) Subject to the terms and conditions provided for in subsection 3.b.(2) of 15 this Article, above, an employee may request to use earned compensatory 16 time off in units of one (1) hour for purposes of significant personal 17 importance. 18 supervisor consistent with the needs of the service and shall not be denied 19 arbitrarily or capriciously. It is understood that the needs of the service 20 are of preeminent importance in weighing such requests. Such requests will be granted at the discretion of the 21 4. All overtime shall be at the option of the Chief of Police. 22 5. Application of the provisions contained in this Article shall not involve pyramiding of 23 overtime. During a period of time there are two (2) concurrent overtime rates, the 38 1 following procedure shall be used to determine the rate for that period: 2 a. 3 If both rates are at time and one-half (1½X), the employee is paid at a rate of time and one-half (1½X). 4 b. 5 If one of the rates is time and one-half (1½X) and the other straight-time (1X), the employee is paid at a rate of time and one-half (1½X). 6 c. 7 If both rates are straight-time (1X), the employee is paid at a straight-time (1X) rate. 8 d. For purposes of construction and interpretation of this provision, a court 9 appearance involving the three and three quarter hour court overtime minimum 10 payment shall be deemed a two and one-half-hour period of time and one-half 11 (1.5X) overtime beginning with the start of such court appearance. 12 6. The hourly pay used in the computation of overtime shall be equal to one-eightieth (1/80) 13 of the employee’s current biweekly base salary as provided for in the BASE SALARY 14 provision of this Agreement. 15 7. 16 17 Overtime shall be compensated for each actual hour or nearest 0.1 of an hour of authorized overtime worked. 8. Any payment made under the provisions of this Article shall not have any sum deducted 18 for pension benefits nor shall such payments be included in the determination of pension 19 benefits or other fringe benefits. 20 9. The terms and conditions agreed to between the parties in respect to Police Band 21 overtime (except as stated below), court overtime parking and negative comp time 22 balances, which are set forth respectively in City/MPA Memoranda of Understanding 23 dated: September 14, 1983 (Police Band Overtime), October 12, 1983, and November 39 1 16, 1983 (Court Overtime Parking) and December 15, 1983 (Negative Comp Time 2 Balances) shall be incorporated into the provisions of this Article and be made a part of 3 this Agreement as Appendix B. The terms and conditions of the Memorandum of 4 September 14, 1983 (Police Band Overtime) shall be amended to provide that the 5 Compensatory Time Off Bank (CTB) time is the same as provided in subsection 3.b.(1) 6 of this Article. 7 8 10. Miscellaneous Overtime Provisions a. Roll Call 9 Existing roll-call time practices will be maintained for the term of this Agreement 10 or any agreed-upon extension thereof. Effective August 11, 1985, and for so long 11 as employees are covered by the Fair Labor Standards Act (FLSA) during the 12 term of this Agreement, or any agreed upon extension thereof, the 18-minute roll- 13 call period shall be reduced to a 12-minute period with all overtime earned during 14 such 12-minute period compensated at time and one-half (1½X) the base salary 15 rate. If and when employees are no longer covered by the FLSA, the roll-call 16 period shall be increased to an 18-minute period and overtime earned as a result 17 of roll-call shall be compensated at base salary rates (1X). Identification 18 Technicians who are assigned to perform street duties shall attend roll call and 19 receive roll call pay. 20 b. Compensatory Time Off 21 If and when the City is required by law to pay cash for overtime work performed 22 that could otherwise have been paid for in compensatory time off under the 23 provisions of this Agreement, the City may modify overtime provisions to assure 24 that overtime compensation (whether in cash, compensatory time, or both) for all 40 overtime work performed shall not exceed 1½X the employee’s base rate of pay. 1 2 ARTICLE 16 3 FIRE AND POLICE COMMISSION OVERTIME 4 1. Definition 5 Fire and Police Commission Overtime shall be defined as time spent by an employee 6 outside of his/her regularly scheduled eight-hour work shift, (as such eight-hour work shift 7 is defined under the HOURS OF WORK Article of this Agreement) under subpoena at a 8 trial proceeding conducted by the Board of Fire and Police Commissioners (FPC); 9 provided such FPC trial proceeding resulted from either a citizen complaint filed with the 10 FPC, or an appeal from discipline administered by the Chief of Police, and provided 11 further that the employee so subpoenaed was involved in the incident which gave rise to 12 the complaint or the discipline. The extent of involvement occasioning an employee's 13 appearance at a FPC trial proceeding, where such appearance was solely for the 14 dispositional phase of that proceeding, shall, in addition to covering involvement in the 15 incident which gave rise to the complaint or the discipline, cover any other involvement 16 such employee had in the course of his/her employment in the Police Department with the 17 defendant(s) in such complaint or discipline. The term, "FPC trial proceeding," as used 18 herein, shall also include FPC conciliation proceedings. 19 20 2. Limitations a. Fire and Police Commission Overtime shall not include overtime assignments 21 made by the Chief of Police. Overtime assignments made by the Chief of Police 22 shall be covered by Article 15 of this Agreement entitled OVERTIME. 23 b. 24 25 An employee shall not be entitled to any compensation for an FPC trial proceeding during the time period he/she is suspended from duty with pay. c. An employee shall be required to turn over to the Police Department 26 Administration all witness fees he/she received as a result of a FPC trial 27 proceeding for which the employee received Fire and Police Commission 41 1 2 Overtime pay, and make no subsequent claim for this money whatsoever. 3. 3 Fire and Police Commission Overtime Rates a. Fire and Police Commission Overtime earned as a result of an appearance at a FPC 4 trial proceeding that was not limited solely to the dispositional phase of the trial 5 proceeding, shall be compensated at: 6 (1) Base salary rates (1X) for all time spent at such appearance when the 7 appearance is less than or equal to two hours in duration; however, a 8 minimum of two hours' pay at base salary rates (1X) shall be granted 9 an employee when he/she is subpoenaed to appear at such FPC trial 10 proceeding on his/her own time, reports thereto, and is excused 11 before completing the two-hour minimum. 12 (2) Base salary rates (1X) for the first two hours of such appearance and 13 at time and one-half (1 1/2X) the base salary rate for all time in 14 excess of the first two hours of such appearance, when such 15 appearance is greater than two hours in duration. 16 b. Fire and Police Commission Overtime earned as a result of an appearance at a FPC 17 trial proceeding that was solely for the dispositional phase of the trial proceeding, 18 shall be compensated at a flat rate equal to two (2) hours of pay computed at the 19 employee's base salary rate (1X) in effect at the time of the appearance. The flat 20 amount provided hereunder shall not be construed as a limitation on the length of 21 an employee's appearance at such dispositional phase. 22 4. Fire and Police Commission Overtime Payments 23 Fire and Police Commission Overtime earned under the provisions of this Article shall be 24 compensated for in cash or compensatory time off in accordance with, and subject to, the 25 provisions of subsection 3 set forth in Article 15 of this Agreement. Fire and Police 26 Commission Overtime earned, that is compensated for in compensatory time off shall 27 count towards the employee's CTB and be recorded on the Police Department Personnel 28 Status Reports. For purposes of interpretation and construction of the provisions of this 42 1 subsection, each instance of Fire and Police Commission Overtime worked of less than 2 two hours' duration at a FPC trial proceeding, that was not limited solely to the 3 dispositional phase, shall equal two hours of Fire and Police Commission Overtime earned 4 and each instance of Fire and Police Commission Overtime worked at an FPC trial 5 proceeding that was limited solely to the dispositional phase shall equal two hours of Fire 6 and Police Commission Overtime earned. 7 5. Employees receiving compensation under the provisions of this Article for an appearance 8 at a FPC trial proceeding shall be covered by the provisions of subsection 2.b.(4) set forth 9 in the Overtime Article of this Agreement for that appearance. 10 6. Application of the provisions contained in this Article shall not involve pyramiding of Fire 11 and Police Commission Overtime, nor shall it involve pyramiding with compensation 12 provided under the Overtime Article of this Agreement. For purposes of interpretation 13 and construction of the provisions of this subsection, the terms and conditions set forth in 14 subsection 5 of the Overtime Article shall be applicable. 15 7. The hourly pay used in the computation of Fire and Police Commission Overtime shall be 16 equal to 1/80th of the employee's biweekly base salary in effect at the time of the FPC 17 trial proceeding for which such compensation is being provided. 18 8. Except for compensation received under subsection 9 of this Article, any payment made 19 under the provisions of this Article shall not have any sum deducted for pension benefits 20 nor shall such payments be included in the determination of pension benefits or other 21 fringe benefits. 22 9. An employee under subpoena to a FPC trial proceeding during the period which falls 23 within his/her regularly scheduled eight-hour work shift shall be entitled to his/her regular 24 base salary for that period; provided that such employee is not on paid leave, was actually 25 scheduled to work or worked a portion of such shift. Eligibility for compensation under 26 this subsection, and witness fee reimbursement requirements, shall be subject to the same 27 terms and conditions applicable to Fire and Police Commission Overtime that are set forth 28 in subsections l and 2 of this Article. 43 1 10. 2 Administration a. The Executive Director of the FPC, or his/her designee, shall record the employee's 3 appearance at a FPC trial proceeding, noting the time the employee was required to 4 report to such proceeding and the time the employee was excused from such 5 appearance. The Executive Director, or his/her designee, shall also note if the 6 employee was subpoenaed solely for the dispositional phase of the trial 7 proceeding. 8 Administration. As a condition of eligibility for receipt of the compensation 9 provided hereunder, an employee must submit his/her subpoena, or clear facsimile 10 thereof, to the Executive Director (or his/her designee) at the time the employee 11 reports to the trial proceeding. 12 b. This information shall be forwarded to the Police Department Administration and control of the provisions of this Article shall be under the City 13 which shall have the authority to establish such rules and procedures that it deems 14 necessary to administer the benefits provided by this Article. 15 ARTICLE 17 16 INFORMATION RECOMMENDED TO BE FURNISHED TO ASSOCIATION 17 1. The City will recommend to the Annuity and Pension Board of the Employees' Retirement 18 System of Milwaukee, hereinafter referred to as Board, that it supply actuarial information 19 to the Association or its actuary upon receiving a written request herefor for the purpose 20 of costing out proposals by the Association for pension changes for collective bargaining 21 conditioned upon the Board's actuary having such information available. 22 2. The City will recommend to the Board that the Board or the Board's actuary supply to the 23 Association or any actuary acting on behalf of said Association, any and all information 24 which said Association actuary requests for purposes of costing out proposals upon which 25 the Association may wish to collectively bargain on with the City. 26 27 3. All costs or expenses involved in supplying information either under Subsections 1 or 2 above to the City or to the Board involved under Subsections 1 or 2 above shall be paid 44 1 for by the Association in the manner required either by the City or the Board in 2 connection with the supplying of such information. 3 4. Excluded from Subsections l or 2 shall be such matters of a private or confidential nature 4 so determined by the Board as may be supplied to the Board by individual employees or 5 retirees. 6 ARTICLE 18 7 RETENTION OF PENSION AND ANNUITY RIGHTS 8 9 The City agrees not to diminish any contractual pension and annuity rights presently vested in any employee including any rights enumerated herein. 10 ARTICLE 19 11 PENSION BENEFITS 12 Pension benefits for an employee covered by this Agreement who is a member of the 13 Employe's Retirement System of Milwaukee (ERS) shall be those benefits defined in 14 Chapter 36 of the City Charter (ERS Act) that are applicable to a "policeman". Except for 15 the following provisions, these pension benefits shall continue unchanged during the term 16 of this Agreement: 17 1. Chapter 36 of the Milwaukee City Charter regarding pension benefits for 18 employees covered by this Agreement who are members of the Employe's 19 Retirement System of Milwaukee (ERS) may be amended to the extent necessary 20 for such plan to remain qualified under Section 401.a. and 501.c. of the Internal 21 Revenue Code of 1986 as amended. In the event the IRS rules that the Charter 22 amendments have become invalid, then the Charter Ordinance will reflect back to 23 the old language of the Charter. 24 2. The City agrees that it will never seek to increase the age/service requirements 25 applicable to employees in active service and enrolled in the Employe’s 26 Retirement System as a “policeman” prior to December 20, 2015, that are provided 45 1 for under section 36-05-1-f of the ERS Act. 2 employees newly eligible for service credit as a “policeman” in the Employe’s 3 Retirement System will be eligible for normal service retirement benefits no earlier 4 than age 50 with 25 years of service as a “policeman”. 5 3. Effective Pay Period 1, 2016, Subject to the conditions contained therein, the parties agree to abide by the 6 pension provisions of the October 29, 1999 Final Global Settlement Agreement for 7 Active Police Officers, as amended by Charter Ordinance. 8 If any portion of the Global Pension Settlement Agreement or implementing 9 Charter Ordinance is held invalid, or if compliance with it is restrained by 10 operation of law or by any court of competent jurisdiction, the parties shall 11 immediately enter into collective bargaining for the purpose of arriving at a 12 mutually satisfactory replacement for such portion of the Global Pension 13 Settlement Agreement or Charter Ordinance. 14 This paragraph shall in no way affect or restrict other benefits unrelated to pension 15 benefits in the Global Settlement Agreement. 16 4. Creditable service for active military service, as provided in 36-04-c, shall be 17 extended to members of the MPA who participate in the combined fund and who 18 retire on a service retirement on and after January 1, 2003. 19 5. Effective June 19, 2016, when a retirement application is filed by an employee 20 covered by this Agreement who seeks a Duty Disability Retirement Allowance, the 21 application shall be referred to the Medical Council established under s. 36-15-12 22 of the Milwaukee City Charter. The Medical Council shall determine and certify 23 whether the applicant is permanently and totally incapacitated for duty in 24 accordance with the requirements of Chapter 36 of the Milwaukee City Charter. In 25 the event the Medical Council does not have a specialist in the area of the 26 employee’s injury, it shall refer an employee to a physician for an examination, the 27 referral will be made to a Tier 1 specialist (to the extent the City’s Health Plan 28 Administrator provides for Tier 1 rankings) where a Tier 1 specialist exists. In any 46 1 reexamination authorized by Chapter 36 of the Milwaukee City Charter of such 2 retired beneficiary, the beneficiary shall be referred to the Medical Council for 3 reexamination and such Medical Council shall make the determination and 4 certification required under the provisions of Chapter 36 of the Milwaukee City 5 Charter for reexaminations. 6 6. Effective Pay Period 1, 2016, employees enrolled in the Employe’s Retirement 7 System as “policeman” prior to October 3, 2011, shall contribute 7% of their 8 earnable compensation toward the employee share of their pension. 9 ARTICLE 20 10 LIFE INSURANCE 11 1. Amount of Life Insurance Coverage 12 Eligible employees shall be enrolled in, at no cost, basic life insurance coverage in an 13 amount equal to $55,000, so long as they remain in active service. Employees shall be 14 eligible to purchase additional life insurance, in 50% increments of the employee’s base 15 salary, at no cost to the City, in an amount not to exceed three (3) times the employee’s 16 base salary. However, in no instance shall the amount of the additional life insurance 17 exceed $300,000. 18 2. Adjustment of Coverage 19 The amount of life insurance coverage to which an employee is entitled shall be adjusted 20 annually on January 1 of the calendar year to reflect changes in the employee's annual 21 base salary rate. The term, "Annual Base Salary Rate," as used herein, shall be defined as 22 an amount equivalent to the employee's biweekly base salary, as his biweekly base salary 23 is defined and determined under the BASE SALARY provision of this Agreement, 24 divided by fourteen (14) and then multiplied by three hundred and sixty-five (365). 25 26 27 3. Conditions and Eligibility for Election of Coverage a. Subject to the terms and conditions provided in subsection 3.b. through 3.c. of this Article, below, an employee shall be enrolled in basic life insurance coverage 47 1 provided in subsection 1., above, on the 1st of the month following the completion 2 of 180 consecutive calendar days of active service as a full-time (40-hour per 3 week) employee following his/her initial date of employment with the City. 4 b. An employee re-employed subsequent to a separation from active service, for 5 whatever reason, must re-establish his/her eligibility for life insurance coverage on 6 the same basis that would be applicable to a new employee having the same 7 starting date that the re-employed employee had following re-employment. 8 c. An employee who has previously waived additional life insurance coverage 9 provided by the City, either hereunder or otherwise, while employed with the City 10 or a City Agency (the term, "City Agency" being as defined in subsection 36.02(8) 11 of the Milwaukee City Charter, 1971 compilation, as amended) shall be permitted 12 to elect additional life insurance coverage only on such terms and conditions as are 13 established and maintained from time to time by the City and/or its life insurance 14 carrier. 15 4. Cost of Additional Life Insurance Coverage 16 Employees eligible for the basic life insurance coverage described under Subsection 1 of 17 this Article, above, who elect additional life insurance coverage as described in subsection 18 1, shall pay to the City an amount equal to a cost per thousand, per month, at age banded 19 rates, for each $1,000 of coverage in excess of the basic $55,000. These payments shall 20 be accomplished by periodic deductions from employees' biweekly paychecks. The City 21 shall make all necessary payments for the basic life insurance coverage described in 22 Subsection 1. of this Article, above. Employees who have enrolled in additional life 23 insurance coverage may also purchase life insurance for spouses and dependents at no cost 24 to the City. 25 5. 26 a. 27 28 Conditions and Limitations on Benefits Life insurance benefits shall be subject to the terms and conditions contained in the contract between the City and its life insurance carrier. 6. Right of City to Change Carrier 48 1 7. It shall be the right of the City to select and, from time to time, to change the carrier(s), 2 subject to a sixty (60) day advance notice to the MPA, that provide the benefits set forth 3 above. The City shall, at its sole option, have the right to provide these life insurance 4 benefits on a self-insured basis. 5 6 8. Retiree Life Insurance Benefits a. 7 Amount of Life Insurance Coverage (1) To be eligible for retiree life insurance benefits, employees, regardless of 8 age, must have maintained at least 50% of their base salary as additional 9 life insurance coverage at the time of retirement to continue to be part of the 10 City’s life insurance program. All elections for additional life insurance 11 coverage must be in multiples of 50% of the base salary at the time of 12 retirement, not to exceed the additional insurance percentage elected as an 13 active employee at the time of retirement. 14 (2) Upon attaining age 65, and having maintained additional life insurance 15 coverage, as described in 1.a., of this subsection, from retirement to age 65, 16 the city shall provide $10,000 of life insurance coverage. 17 (3) 18 19 20 Retirees may reduce additional life insurance coverage to any multiple of 50% of the base salary at the time of retirement at any time. b. Cost of Coverage (1) Until a retiree attains age 65, a retiree maintaining coverage, as described 21 in subsection 8.a.(1) of this Article, above, shall pay 100% of the premium 22 cost associated with such coverage. 23 deducted from his/her monthly pension check. 24 (2) The retiree shall have such cost Upon attaining age 65, the city will assume 100% of the premium cost 25 associated with the coverage, as described in subsection 8.a.(2) of this 26 Article, above,. A retiree may elect to maintain his/her additional life 27 insurance but shall pay 100% of the premium cost associated with such 28 coverage minus the city provided life insurance coverage, as described in 49 1 subsection 8.a.(2) of this Article, above,. 2 ARTICLE 21 3 HEALTH INSURANCE 4 1. 5 Benefits a. 6 7 Health Care Coverage For Calendar Years 2018 and 2019 the City will provide health care coverage. b. Basic Dental Plan 8 Basic Dental Plan insurance benefits shall be the same as the benefits provided for 9 in the DENTAL SERVICES GROUP CONTRACT FOR THE CITY OF 10 MILWAUKEE, effective October 17, 1981 executed April 26, 1982, except that: 11 The age limit at which the orthodontic benefits 12 provided for under the "Orthodontics" Section of said 13 DSG CONTRACT cease for participants shall be 14 changed from age 19 to age 25; all other terms and 15 conditions applicable to orthodontic benefits shall 16 remain unchanged. 17 The dental insurance coverage for an eligible employee electing 18 coverage under the Basic Dental Plan shall be in lieu of the coverage 19 provided by Prepaid Dental Plans (PDP). 20 c. Prepaid Dental Plans (PDP) 21 Employees shall have the right to select coverage under a Prepaid Dental Plan 22 (PDP) approved by the City in lieu of the coverage provided by the Basic Dental 23 Plan. 24 25 d. Provisions Applicable to All Plans: (1) 26 27 The City will not pay for any services or supplies that are unnecessary according to acceptable medical procedures. (2) The City shall have the right to require employees to execute a medical 50 1 authorization to the applicable Group to examine employee medical and/or 2 dental records for auditing purposes. 3 (3) The City shall have the right to establish methods, measures and procedures 4 it deems necessary to restrict abuses and/or excessive costs in application of 5 the benefits provided under subsections 1.a. through 1.c., above. 6 (4) The City, in conjunction with its insurance carrier, shall have the right to 7 develop and implement any other cost containment measures it deems 8 necessary. 9 (5) An employee's health care/dental coverage provided by this Article shall 10 terminate on the last day of the calendar month in which the employee is 11 removed from the Police Department payroll; provided however, that when 12 an employee is suspended from duty without pay, such coverage shall not 13 terminate on the last day of the calendar month in which the suspension 14 begins if the suspension ends prior to the last day of the next following 15 calendar month. 16 written advance notice to an employee indicating the date on which his/her 17 health care/dental coverage will be terminated. 18 foregoing, an employee's health care coverage shall not terminate so long as 19 he/she and/or his/her dependent(s) are eligible for and receiving health care 20 coverage under the specific provisions of this Agreement that are applicable 21 to individuals not on the Department payroll. Except for suspensions (as 22 provided above) this exception does not extend the termination date of an 23 employee's dental coverage beyond the last day of the calendar month in 24 which the employee is removed from the Department payroll. 25 (6) The Police Department Administration will provide Notwithstanding the An annual Health Risk Assessment (HRA), which shall include basic 26 biometrics, a written health risk assessment questionnaire and a blood draw, 27 shall be administered on an annual basis. 28 (7) Both a Wellness and Prevention Program and Committee shall be 51 1 implemented. A description of both the program and the committee is 2 appended hereto as Appendix I. 3 4 2. Eligibility for Benefits a. 5 Employees in Active Service (1) 6 Employees in active service shall be entitled to health care coverage offered by the City, at their option, so long as they remain in active service. 7 (2) Dental Benefits 8 Employees in active service shall be entitled to the dental benefits provided 9 in subsections 1.b. or 1.c. of this Article so long as they remain in active 10 service. All employees, while in active service, who are enrolled in a dental 11 plan provided by subsections 1.b. or 1.c. shall have the same enrollment 12 status that they maintain for their health care coverage. Individuals not in 13 active service shall not be eligible for dental benefits. 14 15 b. Duty Disability (1) Except as provided in b.(2), below, employees in active service who 16 commence receiving duty disability retirement allowance between January 17 1, 2018 and December 31, 2019, as such allowance is defined in Section 18 36.05(3) of the ERS Act, shall be entitled to the health care coverage 19 provided in subsection 1.a. of this Article, above, between January 1, 2018, 20 and December 31, 2019, so long as they continue to receive such duty 21 disability retirement allowance and so long as they are under age 65. If a 22 duty disability retiree eligible for health care coverage dies prior to 23 attaining age 65, the duty disability retiree's surviving spouse shall be 24 eligible for health care coverage until the last day of the month in which the 25 deceased duty disability retiree would have attained age 65. 26 (2) An employee in active service who commences receiving a duty disability 27 retirement allowance of 90% of his/her current salary between January 1, 28 2018, and December 31, 2019, as such allowance is defined in Section 52 1 36.05(3) of the ERS Act, shall be entitled to the health care coverage 2 provided in subsection 1.a. of this Article, above, between January 1, 2018, 3 and December 31, 2019, so long as he/she continues to receive such duty 4 disability retirement allowance. 5 health care coverage dies prior to attaining age 65, the duty disability 6 retiree's surviving spouse shall be eligible for health care coverage until the 7 last day of the month in which the deceased duty disability retiree would 8 have attained age 65. 9 c. If a duty disability retiree eligible for Employees Who Retire between January 1, 2018, and December 31, 2019. 10 Employees in active service who retire on normal pension between January 1, 11 2018, and December 31, 2019, with at least 15 years of creditable service, shall be 12 entitled to the health care coverage provided in subsection 1.a. of this Article, 13 above, between January 1, 2018, and December 31, 2019, so long as they are less 14 than age 65. If an employee eligible for health care coverage dies following 15 his/her retirement on normal pension, but prior to attaining age 65, the retiree's 16 surviving spouse shall be eligible for health care coverage until the last day of the 17 month in which the deceased retiree would have attained age 65. 18 d. Duty Death 19 A surviving spouse who becomes eligible to receive a pension under the provisions 20 of Section 36.05(5) of the ERS Act, on or after January 1, 2018, shall be entitled to 21 the benefits provided in subsection of 1.a. of this Article between January 1, 2018, 22 and December 31, 2019, so long as the surviving spouse continues to receive such 23 pension and is less than age 65. 24 25 26 27 28 3. Cost of Coverage a. Employees in Active Service (1) For Calendar Year 2018 (a) The employee premium contribution shall be 12% of the premium cost based on plan selected and enrollment status, i.e. either single, 53 1 employee and dependent(s), employee and spouse, or family. The 2 amount of employee premium contribution shall be deducted from 3 the employee’s pay check on a semi-monthly basis. 4 i. An employee shall also contribute an additional $20.00 per 5 month over and above the amount specified in3.a.(1)(a)., above, 6 for each adult (maximum of two, excluding dependent children) 7 who chooses not to fully participate in and complete the HRA. 8 ii. For an employee in the single or one of the family plans and his 9 or her spouse (if applicable) who participate fully in the HRA 10 and who do smoke (as determined by the HRA), the employee 11 contribution shall be 12% per month for single, employee and 12 dependent(s), employee and spouse, or family plan enrollment. 13 iii. For an employee in the single or one of the family plans and his 14 or her spouse (if applicable) who participate fully in the HRA 15 and who do not smoke (as determined by the HRA), the 16 employee contribution shall be 12% minus $10 per month for 17 single or employee and dependent(s) enrollment and 12% minus 18 $20 per month for employee and spouse and family enrollment. 19 (b) The amount of employee wellness fee, as specified in 3.a.(1)i, ii, or 20 iii, above, shall be deducted from the employee’s pay check on a 21 monthly basis. Any subscriber costs for enrollment in excess of the 22 above-stated amounts shall be paid by the City. 23 (c) determined by the employee’s effective plan and enrollment status. 24 25 26 The maximum City contributions provided above shall be (2) Effective for calendar year 2019: (a) The employee premium contribution shall be the balance of the 27 premium due after payment by the city of an amount equal to 88% of 28 the cost of the premium for the lowest-cost health care coverage plan 54 1 offered by the city (this excludes the high-deductible health plan) 2 based on enrollment status, i.e. either single, employee and 3 dependent(s), employee and spouse, or family. 4 selecting the high deductible health plan, the employee contribution 5 shall be 12% of the premium based on enrollment status, i.e. either 6 single, employee and dependent(s), employee and spouse, or family. 7 The amount of employee premium contribution shall be deducted 8 from the employee's pay check on a semi-monthly basis. 9 i. For employees An employee shall also contribute an additional $20.00 per 10 month over and above the amount specified in 3.a.(2)(a), above, 11 for each adult (maximum of two, excluding dependent children) 12 who chooses not to fully participate in and complete the HRA. 13 (b) The amount of employee wellness fee, as specified in 3.a.(2)(a)i, 14 above, shall be deducted from the employee’s pay check on a 15 monthly basis. Any subscriber costs for enrollment in excess of the 16 above-stated amounts shall be paid by the City. 17 (c) The maximum City contributions provided above shall be determined by the employee’s effective plan and enrollment status. 18 19 (3) An employee who exhausts his/her sick leave during the term of this 20 Agreement shall be permitted to maintain health care coverage for the plan 21 he/she was covered under on the date his/her sick leave was exhausted for 22 up to six (6) months immediately following that date so long as the 23 employee is unable to return to work because of medical reasons. For 24 calendar years 2018 and 2019, the City's contribution toward the cost of 25 maintaining health care coverage shall be as provided in subsection 3.a.(1) 26 of this Article, above. This provision shall not cover retirees (including 27 disability retirements). 28 b. Duty Disability 55 1 (1) For Calendar Years 2018 and 2019 2 Depending on the individual's single/family enrollment status, the cost of 3 coverage for individuals receiving a duty disability retirement allowance 4 shall be as provided for in subsection 3.a.(1) or (2) of this Article, above. 5 6 c. Employees Who Retire Between January 1, 2018 and December 31, 2019 (1) For eligible employees who retire between January 1, 2018 and December 7 31, 2019, the City will make monthly contributions towards meeting the 8 monthly subscriber cost for single or family enrollment in the plan elected 9 by the retiree as follows: 10 (a) Single Enrollment Status 11 For a retiree with single enrollment status, the City will contribute 12 an amount up to the percentage of the subscriber cost for single 13 enrollment in the Highest Cost Plan that is determined by the 14 formula provided in subsection 3.c.(1)(c) during the period after 15 retirement the retiree is less than age 60 and an amount up to 100% 16 of the subscriber cost for single enrollment in the Highest Cost Plan 17 during the period after retirement the retiree is at least age 60 but 18 less than age 65. 19 (b) Other Than Single Enrollment Status 20 For a retiree with other than single enrollment status, the City will 21 contribute an amount up to the percentage of the subscriber cost for 22 his/her enrollment status in the Highest Cost Plan that is determined 23 by the formula provided in subsection 3.c.(1)(c) during the period 24 after retirement the retiree is less than age 60 and the greater of 25 either such amount or an amount up to 100% of the subscriber cost 26 for single enrollment in the Highest Cost Plan during the period after 27 retirement the retiree is at least age 60 but less than age 65. 28 (c) Contribution Formula 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Unused Sick Leave City Contribution Less than 150 work days..................65% At least 150 work days, but less than 159 work days.................66% At least 159 work days, but less than 167 work days.................67% At least 167 work days, but less than 176 work days.................68% At least 176 work days, but less than 184 work days.................69% At least 184 work days, but less than 193 work days.................70% At least 193 work days, but less than 201 work days.................71% At least 201 work days, but less than 210 work days.................72% At least 210 work days, but less than 219 work days.................73% At least 219 work days, but less than 227 work days.................74% At least 227 work days, but less than 236 work days.................75% At least 236 work days, but less than 244 work days.................76% At least 244 work days, but less than 253 work days.................77% At least 253 work days, but less than 261 work days.................78% At least 261 work days, but less than 270 work days.................79% At least 270 work days, but less than 278 work days.................80% At least 278 work days, but less than 285 work days.................81% At least 285 work days, but less than 291 work days.................82% 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 At least 291 work days, but less than 298 work days.................83% At least 298 work days, but less than 304 work days.................84% At least 304 work days, but less than 311 work days.................85% At least 311 work days, but less than 317 work days.................86% At least 317 work days, but less than 324 work days.................87% At least 324 work days, but less than 330 work days.................88% At least 330 work days, but less than 336 work days.................89% At least 336 work days, but less than 343 work days.................90% At least 343 work days, but less than 349 work days.................91% At least 349 work days, but less than 356 work days.................92% At least 356 work days, but less than 362 work days.................93% At least 362 work days, but less than 369 work days.................94% At least 369 work days, but less than 375 work days.................95% At least 375 work days, but less than 381 work days.................96% At least 381 work days, but less than 388 work days.................97% At least 388 work days, but less than 394 work days.................98% At least 394 work days, but less than 400 work days.................99% At least 400 work days..................100% Unused Sick Leave is expressed in eight-hour work days and represents the 58 1 amount of earned and unused sick leave credited to an employee's sick leave 2 account on the effective date of his/her retirement. 3 City Contribution is expressed as a percentage of the effective Highest Cost 4 Plan subscriber cost for the enrollment status applicable to the retiree and 5 represents the maximum contribution made by the City on behalf of such 6 retiree. 7 If the per capita subscriber cost for enrollment in the plan selected by the 8 retiree exceeds the maximum City contribution for retirees provided, the 9 retiree shall have the amount of such excess cost deducted from his/her 10 pension check. 11 (2) Surviving Spouse 12 The provisions of subsection 3.c.(1) shall be applicable to a surviving 13 spouse eligible for retiree health care coverage under subsections 2.b or 2.c. 14 of this Article. An eligible surviving spouse without eligible dependents 15 shall be covered by subsection 3.c.(1)(a); in all other circumstances he/she 16 shall be covered by subsection 3.c.(1)(b). For purposes of interpretation and 17 administration, the age the deceased retiree would have been 65 shall 18 determine the City contribution. 19 d. Duty Death 20 Depending on single/family enrollment status, the cost of coverage for the 21 surviving spouse of an employee receiving a duty death pension, under either 22 Section 36.05(5) of the ERS Act or Chapter 35.01(34) of the Milwaukee City 23 Charter, shall be as follows: 24 During calendar years 2018 and 2019, the City will contribute an amount 25 toward meeting the subscriber cost for enrollment in the plan elected of up to 26 100% of the monthly subscriber cost of either single or family enrollment in 27 the Highest Cost Plan. If the subscriber cost for enrollment in the plan elected 28 exceeds the maximum City contribution provided, the employee shall have the 59 1 amount of excess cost deducted from his/her paycheck on a monthly basis. 2 e. Cost of Health Insurance After Conversion From Duty Disability 3 Upon conversion from a duty disability retirement allowance to a service 4 retirement allowance, the cost of the retiree health care coverage to which 5 he/she is entitled hereunder until he/she attains age 63 shall be as provided 6 under subsection 3.a. of this Article. The health care coverage shall be in 7 lieu of the health care coverage provided under subsection 3.c. Thereafter, 8 until attainment of age 65, the cost of such coverage shall be as provided 9 under subsection 3.c. of this Article, except that the individual's unused sick 10 leave as of the effective date his/her duty disability retirement allowance 11 commenced shall be used to compute the City-paid retiree health care 12 coverage to which he/she is entitled hereunder. 13 4. Cost of Coverage -- Dental Plan Only 14 For calendar years 2018 and 2019, the City will contribute an amount up to $13.00 per 15 month for single enrollment and an amount up to $37.50 per month for family enrollment 16 towards meeting the subscriber cost of the dental plan. If the subscriber cost for single or 17 family enrollment in the Dental Plan exceeds the maximum City contribution provided, 18 the employee shall have the amount of such excess cost deducted from his/her paycheck 19 on a monthly basis. 20 5. Self-Administration Offset 21 The per capita subscriber costs associated with the health care or dental coverage provided 22 by each of the plans listed in subsection 1., above, includes amounts allocable to the 23 administrative costs of the carriers providing such coverage. If the City elects to self- 24 administer the Basic Dental Plan, then effective with the calendar month during which this 25 election becomes effective, and so long as it continues in effect, the maximum City 26 contributions provided in subsection 4, above, for employees covered by such a self- 27 administered plan shall be reduced by an amount equal to 100% of the difference between 28 the monthly administrative costs associated with such plan prior to the effective date it 60 1 became self-administered and the monthly administrative costs associated with the plan 2 when it is self-administered, capitated for each subscriber in the plans on the basis of 3 single or family enrollment status. While in effect, this provision shall not increase an 4 employee's payroll deductions required to meet the costs of his/her dental insurance 5 benefits beyond the deductions that would be required under subsections 4 and 8 of this 6 Article, if the provision was not in effect. 7 6. 8 Non-duplication a. 9 If more than one City employee is a member of the same family, as that term is defined in provisions of the Plans defined in subsection 1. of this Article, the 10 coverage shall be limited to one family plan. 11 b. A retiree shall be ineligible to receive the retiree health care coverage provided 12 hereunder when receiving health care coverage from other employment or from 13 the employment of the retiree's spouse if the health care coverage received by the 14 spouse cover the retiree. 15 c. City health care coverage cost contributions provided hereunder to retirees shall 16 be in lieu of any other City retiree health care coverage contributions provided by 17 ordinance, resolution or by other means, while retirees are receiving the health 18 care coverage hereunder. 19 d. In the event an employee becomes eligible for Medicare benefits prior to attaining 20 age 65, the City will contribute an amount up to the City's maximum contribution 21 provided in subsection 3.c.(1), of this Article towards the cost of coverage for the 22 City's Medicare Supplemental Plan. 23 7. Employees on Leave of Absence 24 Employees in active service may elect to be covered by the health care coverage in 25 subsection 1.a. of this Article, above, while on an authorized leave of absence. Individuals 26 on an authorized leave of absence shall pay 100% of the cost associated with their 27 coverage. The rates for such coverage shall be determined by the City and may be 28 adjusted from time to time. This provision shall be applicable only during the first 12 61 1 2 months of an employee's authorized leave of absence. 8. An employee who retires on pension during the term of this Agreement shall be entitled to 3 the health care coverage provided during the term of this Agreement so long as he or she 4 is less than age 65. After this Agreement expires, such an individual, so long as he or she 5 is less than age 65, shall be entitled to: 6 (1) The same health care coverage benefits concurrently provided employees in 7 active service covered by the effective Agreement between the City and the 8 Association as is in effect from time to time (it is understood that the exclusion of 9 retirees from coverage under dental insurance benefits, as set forth above, shall 10 continue unchanged). If a retiree eligible for health care coverage dies prior to 11 age 65, the retiree's surviving spouse shall be eligible for health care coverage 12 until the last day of the month in which the deceased retiree would have attained 13 age 65; and 14 (2) The same City/retiree health care coverage cost sharing formula that was provided 15 for such retiree by this Agreement. 16 This paragraph shall only cover the kinds of retirements for which health care 17 coverage is provided by this Agreement. 18 9. Effective Date 19 Except where specifically provided otherwise herein, the provisions of this Article shall be 20 deemed to be in force and effect beginning January 1, 2018, and ending December 31, 21 2019. 22 10. Subject to the conditions contained therein, the parties agree to abide by the retiree health 23 care coverage provisions of the October 29, 1999 Final Global Settlement Agreement for 24 Active Police Officers. 25 If any portion of the Global Pension Settlement Agreement or implementing Charter 26 Ordinance is held invalid, or if compliance with it is restrained by operation of law or by 27 any court of competent jurisdiction, the parties shall immediately enter into collective 28 bargaining for the purpose of arriving at a mutually satisfactory replacement for such 62 1 portion of the Global Pension Settlement Agreement or Charter Ordinance. 2 This paragraph shall in no way affect or restrict other benefits unrelated to retiree health 3 insurance benefits in the Global Settlement Agreement. 4 ARTICLE 22 5 SICK LEAVE 6 1. 7 8 bodily injury, or exclusion from employment because of exposure to contagious disease. 2. 9 Eligibility for sick leave with pay for employees newly appointed to City employment shall begin after completion of six months active service in the Police Department, but sick leave 10 11 Definition: "Sick Leave" shall mean all necessary absence from duty because of illness, credit shall be earned from date of appointment. 3. Employees shall earn sick leave with pay at the rate of one and one-quarter (1¼) working 12 days for each month of active service or 4.6 working hours for each two weeks of active 13 service. Sick leave with pay earned by employees shall be credited to their sick leave 14 account. Employees may utilize sick leave with pay credited to their accounts during 15 periods of sick leave for the period of time they would have worked in accordance with the 16 regularly scheduled hours of work as established under the HOURS OF WORK provision of 17 this Agreement. 18 4. Regardless of the sick leave credit earned the maximum amount of sick leave with pay 19 which employees may utilize from their accounts for any one period of continuous sick 20 leave shall not exceed 365 calendar days. Interruption of such period of sick leave shall 21 only be considered if the employee resumes his/her regular duty. 22 5. Whenever an employee requests sick leave with pay he or she shall immediately notify his 23 or her commanding officer of this fact. 24 instance of sick leave that the employee fails to comply with the requirements of this 25 subsection shall result in the employee losing his/her entitlement to any sick leave with pay 26 for that instance. 27 6. Such notification may be by telephone. Each Except as otherwise provided herein, sick leave may be permitted without requiring the 63 1 employee to submit medical substantiation from a private physician, provided that the 2 employee completes Form PS-16 (Application for Sick Leave), and submits same to his or 3 her commanding officer. An employee may be required by his or her commanding officer 4 to provide acceptable medical substantiation from a private physician or dentist for each 5 absence, regardless of duration, if the commanding officer is informed or believes that the 6 employee is misusing sick leave. The City shall not be responsible for the payment of any 7 fee charged by the physician or dentist to provide the acceptable medical substantiation. 8 7. When medical substantiation from an employee's private physician is required, the failure of 9 the employee to comply with this requirement shall permit the City to deny that employee 10 the sick leave benefits provided hereunder until he/she is in compliance with such 11 requirement. 12 8. The sick leave account for an employee returning to active service from duty disability 13 retirement shall be the employee's unused sick leave credit or 30 working days of sick leave, 14 whichever is greater. 15 9. Employees reporting absent on sick leave shall be governed by the rules and regulations and 16 standard operating procedures of the Police Department pertaining thereto in effect on the 17 execution date of this Agreement. 18 19 10. Attendance Incentive Program a. The Sick Leave Control Incentive Program shall be in effect beginning Trimester 1, 20 2018, and ending, at the end of Trimester 3, 2019. Nothing herein shall be construed 21 as requiring the City to continue the program for time periods after Trimester 3, 22 2019. 23 b. The trimester periods for each calendar year are defined as follows: 24 Trimester 1 - Pay Period 1-9 25 Trimester 2 - Pay Period 10-18 26 Trimester 3 - Pay Period 19-26 or Pay Period 19-27, whichever is 27 appropriate. 28 c. An employee shall be eligible for a trimester sick leave incentive benefit only if: 64 1 (1) During the full term of the trimester, the employee did not use any paid sick 2 leave, did not receive injury pay for the full term of that trimester, was not on 3 an unpaid leave of absence, was not AWOL, was not tardy, was not suspended 4 from duty for disciplinary reasons and did not take any unpaid time off the 5 payroll; and 6 (2) During the full term of the trimester, the employee was in active service; and 7 (3) At the beginning of the trimester, the employee had an amount of earned and 8 unused sick leave credit in his/her sick leave account of 20 days; and 9 10 (4) d. The employee was represented by the MPA at the end of the trimester period. In a Trimester period set forth in subsection a. and b., above, that an employee is 11 eligible for an attendance incentive program benefit, the commanding officer shall 12 determine which one of the two types of attendance incentive benefits listed below 13 the eligible employee shall receive (at the commanding officer's discretion, the 14 employee may make this determination in accordance with procedures established 15 for that purpose by the Department): 16 (1) A special attendance incentive payment 17 An employee receiving a special sick leave incentive payment, shall be entitled 18 to receive a lump-sum cash payment equivalent to eight hours of his/her base 19 salary computed on the basis of his/her hourly base salary rate in effect on the 20 last day of the trimester for which the payment was earned. Such payment 21 shall not be deemed part of the employee's base salary and shall not have any 22 sum deducted for pension benefits nor shall it be included in determination of 23 pension benefits or any other benefits and/or compensation provided by the 24 City. Attendance incentive payments provided hereunder shall be made as 25 soon as is administratively practicable following the close of the Trimester 26 Period in which they were earned. 27 28 (2) A special incentive leave An employee receiving a special incentive leave, shall earn one eight-hour day 65 1 off with pay. Such day off with pay must be used by the employee in the next 2 succeeding trimester. An employee may use such day off with pay on a date 3 he/she has requested provided the employee gives his/her commanding officer 4 reasonable advance notice of the date requested and the date is determined 5 available by the commanding officer in accordance with the needs of the 6 Department. The processing of employee requests for time off earned under 7 the attendance incentive control program shall be on a first-come, first-served 8 basis. Decisions by the employee's commanding officer with respect to the 9 availability of the date the employee has requested shall be final. 10 ARTICLE 23 11 FUNERAL LEAVE 12 1. 13 14 DEFINITION: Funeral leave as provided herein is for absence from duty because of the death of a family member or relative. 2. Employees covered by this Agreement shall be granted leave of absence of the length 15 requested by the employee as follows: 16 a. Not to exceed (3) three days with pay, in case of death of the employee's wife, 17 husband, child, father, mother, sister, brother, mother-in-law, father-in-law, sister-in- 18 law, brother-in-law, son-in-law, daughter-in-law, or grandchild ; 19 b. 20 21 Not to exceed one (1) day with pay in case of death of the employee's grandparents; and c. Not to exceed three (3) days with pay in case of death of the employee's step-mother, 22 step-father or step-children by virtue of the employee's current spouse; during the 23 employee's lifetime, eligibility to use step-parent funeral leave benefits shall be 24 limited to one (1) step-father and one (1) step-mother, regardless of the number of 25 step-parents. 26 An employee eligible for the leave with pay provided hereunder may only use that leave 27 during the seven (7) consecutive calendar day time period immediately following the date of 66 1 2 the death that occasioned the employee's request for the leave. 3. 3 4 In the event of the death of any other relative, employees shall be permitted to change their next regular day off so they may attend the funeral. 4. At his/her option, an employee who is granted funeral leave during a scheduled vacation 5 period may elect to either extend his/her vacation period by the number of funeral leave days 6 granted or have the vacation days that were changed to funeral leave days rescheduled at a 7 later date as a segmented vacation. The employee shall notify the Police Department 8 Administration of his/her decision with respect to such election prior to the end of the 9 vacation period in which the Funeral Leave was granted. 10 5. 11 Employees requesting a leave under the provisions of this Article shall be governed by the Rules and Regulations of the Police Department. 12 ARTICLE 24 13 ILLNESS IN FAMILY 14 1. A leave of absence, with pay, for one day may be granted by a commanding officer to any 15 member of his/her command in case of serious illness in his/her immediate family or other 16 extraordinary emergency. 17 2. 18 19 Employees reporting an absence under the provisions of Subsection l, above, shall be governed by the Rules and Regulations of the Police Department. 3. 20 An employee shall not be required to remain at his/her residence when granted leave under the provisions of Subsection 1, above. 21 ARTICLE 25 22 INJURY PAY 23 1. When employees, covered by this Agreement, sustain injuries within the scope of their 24 employment for which they are entitled to receive worker's compensation temporary 25 disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's 26 Compensation Act), they may receive 80% of their base salary as "injury pay" instead of 67 1 such worker's compensation benefits for the period of time they may be temporarily totally 2 or temporarily partially disabled because of such injuries. Such injury pay shall not be 3 granted for more than 365 calendar days for any one compensable injury or recurrence 4 thereof. 5 incidents occurring prior to the incident constituting its immediate cause shall be deemed a 6 recurrence and shall not give rise to additional injury pay entitlement. The 80% provision 7 shall become effective January 1, 1985, and shall cover employees receiving injury pay 8 benefits on or after that date regardless of the date on which the compensable injury, or 9 recurrence thereof, occurred. 10 2. A compensable injury associated with or arising from one or more separate In providing injury pay in an amount equal to 80% of the employee's base salary, the 11 employee agrees to allow the City to make a payroll adjustment to his/her biweekly 12 paycheck deducting an amount equal to 20% of his/her base salary for that portion of the 13 pay period he/she received injury pay and make no subsequent claim for said amount 14 whatsoever. Such deduction shall be administered so as not to reduce employee pension 15 benefits. For purposes of interpretation of the provisions of this Article, the term base salary 16 as used herein shall mean the employee's base salary pay rate in effect during the pay period 17 he/she is claiming injury pay as that base salary rate is established in the BASE SALARY 18 Article of this Agreement. 19 3. After "injury pay" benefits have been exhausted, employees shall have the option of 20 accepting sick leave benefits or accepting worker's compensation temporary disability 21 benefits. This option, which shall be in writing, may be terminated without prejudice to 22 temporary total or temporary partial disability benefits under the Worker's Compensation 23 Act thereafter, but such termination shall not be retroactive and any sick leave already used 24 at the time of such termination of option shall not be restored to the employee. 25 4. Questions involving eligibility for injury pay shall be determined under the applicable law 26 and the substantive and procedural rules of the Department of Workforce Development 27 relative to Worker's Compensation and in the event of a dispute between the City and the 28 employee relative to such eligibility, the Department of Workforce Development and the 68 1 courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of 2 such dispute. 3 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount 4 of temporary disability benefits which would otherwise have been payable under the 5 Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay 6 received by the employee. In the event the City recovers an amount of injury pay received 7 by the employee, the City shall restore the employee's number of calendar days (equivalent 8 amount of recovery) for said injury. 9 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify 10 his or her commanding officer of this fact. Each instance of injury pay that the employee 11 fails to comply with the requirement of this subsection shall result in the employee losing 12 his/her entitlement to any injury pay for that instance. 13 7. 14 15 Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 8. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided 16 hereunder are taxable as wages, then beginning with the effective date of such 17 determination, the City will no longer require the 20% employee deduction from injury pay 18 benefits provided for in subsections 1. and 2. of this Article, above. 19 20 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 21 10. Employees appointed to the Police Officer position classification shall not be entitled to the 22 injury pay benefits provided hereunder for any injury they may sustain while on duty prior 23 to the start of field training during the period of time they are assigned to the Police Training 24 Academy for recruit training. 25 Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such 26 period, including all applicable terms and conditions provided for in the WCA. 27 provisions of subsections 6, 7 and 9, above, shall be applicable to employees governed by 28 this subsection. Such employees shall instead be covered by State of 69 The 1 11. During the period of an employee's absence from duty due to a duty-incurred injury, the 2 employee shall be permitted to leave his/her residence or place of confinement so long as 3 he/she has first obtained a written statement from his/her personal physician stating that such 4 travel will further his/her recuperation and the employee has first presented his/her personal 5 physician's statement to his/her commanding officer or shift commander. Whenever an 6 employee authorized to leave his/her residence or place of confinement, leaves the confines 7 of Milwaukee County, he/she shall provide his/her commanding officer written advance 8 notice of this departure indicating on the notice the time period he/she will be out of 9 Milwaukee County, location(s) where he/she can be reached and, if a location has an address 10 and/or telephone number, the address and/or telephone number of the location(s). While 11 outside the confines of Milwaukee County, the employee shall be required to notify his/her 12 commanding officer of his/her whereabouts by telephone of any changes in the locations 13 indicated on the advance notice. During any fifteen (15) day period, an employee shall not 14 be permitted to remain outside the confines of Milwaukee County for more than 14 15 consecutive calendar days. 16 VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police 17 Department Rules and Regulations shall remain unchanged and in full force and effect. 18 Except as provided herein and in subsection 6 of the * * * 19 The fact that the parties have entered into an agreement preserving the status of Article 25 20 shall not be used by either party as evidence or argument in pending proceedings to revoke 21 the City of Milwaukee's self-insured status. In the event of a final determination by a 22 competent tribunal, both parties shall abide by the decision and negotiate any modifications 23 either party feels are necessary in the successor agreement. 24 ARTICLE 26 25 TERMINAL LEAVE 26 1. 27 An employee retiring on City pension under either the Employees' Retirement System of Milwaukee plan or the Policemen's Annuity and Benefit Fund plan (but excluding retirement 70 1 on deferred pension when employee has less than 25 years' service or actuarially reduced 2 pension, as they are defined in both plans) shall, upon retirement, be entitled to receive a 3 lump sum payment equivalent to one eight-hour workday's base salary for each one eight- 4 hour day of the employee's earned and unused sick leave up to a maximum of fifty-five (55) 5 such equivalent eight-hour workdays of base salary. The term "eight-hour workday's base 6 salary," as used herein, is defined as an amount equivalent to the employee's biweekly base 7 salary, as defined and determined by the BASE SALARY Article of this Agreement, divided 8 by 10. 9 2. When a terminal leave payment is paid to a deferred retiree with 25 or more years' service, 10 the payment will be made on the deferred retiree's effective date of separation based on 11 his/her pay rate and sick leave accumulation in effect at that time. 12 3. 13 14 An employee shall be eligible to receive the terminal leave pay benefit only once during his/her lifetime. 4. Terminal leave payments shall not be construed as being part of employee's base salary and 15 shall not be included in the computation of any fringe benefits enumerated in this 16 Agreement. 17 5. 18 Terminal leave payments shall not have any sum deducted for pension benefits nor shall such payments be included in any computation establishing pension benefits or payments. 19 ARTICLE 27 20 MILITARY LEAVES 21 1. Short Term Military Leaves of Absence (Reserve or National Guard Duty)--Less Than 90 22 Days Per Calendar Year 23 a. Subject to the terms and conditions provided in subsections l.b. through l.d. of this 24 Article, below, employees shall be entitled to time off with pay when they are 25 required to take a leave of absence for: (i) military training duty and/or (ii) military 26 duty in the State of Wisconsin because of riot or civil disturbance. 27 b. Maximum Amount of Time Off With Pay 71 1 (1) Continuous Service 2 If either military training duty leave or military duty on account of civil 3 disturbance is limited to a single period during the calendar year, then such 4 leave shall be granted with pay not to exceed fifteen (15) successive calendar 5 days (including Saturdays, Sundays and legal holidays) during a calendar year. 6 (2) Intermittent Service 7 If either military training duty leave or military duty on account of civil 8 disturbance is taken on an intermittent basis during the calendar year, then such 9 leave with pay shall not exceed eighty (80) hours during the calendar year. 10 (3) Combined Maximum 11 During each calendar year of this Agreement, the amount of time off with pay 12 for military leaves of absence provided hereunder that is taken by an employee 13 on a continuous service basis, together with the amount taken on an 14 intermittent service basis, shall be in aggregate not exceed eighty (80) hours in 15 aggregate for military training duty and eighty (80) hours in aggregate for 16 military duty in the State of Wisconsin because of riot or civil disturbance. 17 c. All employees who, because of honorable service in any of the wars of the United 18 States, are eligible for veterans' preference for employment by the City and/or as 19 provided in Section 45.35(5) of the Wisconsin Statutes (as it may be amended from 20 time to time), shall receive full City pay plus all military pay for duty covered under 21 subsection l.b. of this Article, above. In all other cases, the employee agrees to allow 22 a payroll adjustment to his/her biweekly pay check, deducting an amount equal to 23 his/her military pay for such duty (up to a maximum equal to his/her City pay 24 received under subsection 1.b. of this Article, above), and to make no subsequent 25 claim for it whatsoever. Such deduction shall be administered so as not to reduce 26 employee pension benefits. 27 28 d. Return to City Employment from Short-Term Military Leave The time off with pay for short-term military leaves provided hereunder shall be 72 1 granted only if the employee taking such leave reports back for City employment at 2 the beginning of his/her next regularly scheduled eight-hour work shift after the 3 expiration of the last calendar day necessary to travel from the place of training or 4 civil disturbance duty to Milwaukee following such employee's release from military 5 duty. 6 7 2. Long Term Military Leaves of Absence -- 90 Days or Longer Per Calendar Year a. Employees who enlist or are inducted or ordered into active service in the Armed 8 Forces of the United States or the State of Wisconsin, pursuant to an act of the 9 Congress of the United States or the Legislature of the State of Wisconsin or an order 10 of the Commanders-in-Chief thereof, shall be granted a leave of absence during the 11 period of such service. 12 b. Upon completion and release from active duty under honorable conditions and 13 subject to the terms and conditions provided in subsection 2.c., below, employees on 14 military leaves of absence shall be reinstated into the positions they held at the time 15 of taking such leave of absence or to a position of like seniority, status, pay and 16 salary advancement, provided, however, that they are still qualified to perform the 17 duties of their positions or similar positions. 18 c. The rights to reinstatement provided in subsection 2.b. of this Article, above, shall be 19 terminated unless the employee satisfies the following conditions: 20 (1) 21 Reinstatement from Military Reserve or National Guard Duty (a) Initial Enlistment With At Least Three Consecutive Months of Active 22 Duty 23 An employee who is a member of the Reserve or National Guard 24 component of the Armed Forces of the United States and is ordered to an 25 initial period of active duty for training of not less than three consecutive 26 months shall make application for re-employment within 31 days after: 27 (i) such employee's release from active duty from training after 28 satisfactory service, or 73 (ii) such employee's discharge from 1 hospitalization incident to such active duty for training or one year after 2 such employee's scheduled release from such training, whichever is 3 earlier. 4 (b) All Other Active Duty 5 Subject to Section 673b, Title 10, United States Code, an employee not 6 covered under subsection 2c(1)(a) of this Article, above, shall report 7 back for work with the City: (i) at the beginning of the employee's next 8 regularly scheduled work shift after the expiration of the last calendar 9 day necessary to travel from the place of training to the place of 10 employment following such employee's release from active duty, or (ii) 11 such employee's discharge from hospitalization incident to such active 12 duty for training or one year after such employee's scheduled release 13 from such training, whichever is earlier. 14 For purposes of interpretation and construction of the provisions of subsections 15 2c(1)(a) and 2c(1)(b) of this subsection, full-time training or any other full-time duty 16 performed by a member of the Reserve or National Guard component of the Armed 17 Forces of the United States shall be considered active duty for training. 18 (2) Other Military Service with Active Duty Of At Least 90 Consecutive Days 19 An employee inducted or enlisted into active duty with the Armed Forces of 20 the United States for a period of at least 90 consecutive days, where such 21 active duty is not covered by subsection 2c (1), above, shall, upon satisfactory 22 completion of military service, make application for re-employment within 90 23 days after: 24 employee's discharge from hospitalization incident to such active duty or one 25 year after such employee's scheduled release from active duty, whichever is 26 earlier. 27 28 (3) (i) such employee's release from active duty, or (ii) such Exclusions From Reinstatement Benefits In the event an individual granted a leave of absence for military service under 74 1 this Article fails to meet the requirements provided in subsections 2c (1) or 2c 2 (2) of this Article, above, or the employee's military service is not covered 3 under these two subsections, the City shall be under no obligation or 4 requirement to reinstate such individual to City employment. 5 3. Military Funeral Leaves of Absence 6 Employees shall be allowed to attend military funerals of veterans without loss of pay when 7 a request for the leave is made by a proper veterans' organization that the service of such 8 officer or employee is desired for the proper conduct of a military funeral. 9 4. Induction Examinations 10 Employees shall be entitled to time off with pay for time spent taking physical or mental 11 examinations to determine their eligibility for induction or service in the Armed Forces of 12 the United States; such time off with pay shall be granted only for examinations conducted 13 by a United States military agency. 14 5. Administration 15 The Chief of Police shall have the authority to establish such rules and procedures that 16 he/she deems necessary to administer the military leave benefits provided by this Article. 17 These rules and procedures shall cover, but not be limited to, requirements that employees 18 provide the Chief of Police with reasonable advance notice of any contemplated military 19 leave and the appropriate military orders and papers that fully document such military leave. 20 ARTICLE 28 21 VACATIONS 22 1. Definitions 23 The following definitions shall be used solely for the purpose of computing the current and 24 prospective vacation benefits: 25 a. Anniversary Date: The date an employee completes twelve (12) months of active 26 service following appointment to the City of Milwaukee as a regular employee. 27 After the completion of the first twelve (12) months of active service an employee's 75 1 vacation anniversary date shall not change. 2 b. Active Service: The time spent as a regular employee on the City of Milwaukee 3 payroll including the performance of assigned duties for the City and paid time not 4 worked. In order for paid time to count as active service for vacation purposes, such 5 time, together with any authorized unpaid leaves of absence must be continuous from 6 the date of appointment. Active service shall also include the time spent by an 7 employee who takes a military leave. In the event of an employee's resignation, 8 discharge or retirement from City employment, active service shall cease as of the 9 employee's last day at work. 10 11 c. 2. Year of Service: The duration of time in active service. Eligibility for vacation shall begin after the completion of twelve (12) months of active 12 service following appointment. An employee whose service is expected to continue so as to 13 complete a year's active service may, after six months of service and at the sole discretion of 14 the Chief of Police be allowed to take vacation time within the year of appointment. 15 However, if the employee leaves the service of the City before the completion of the initial 16 12-month period, that vacation shall be deemed unearned and payments made during the 17 vacation shall be deducted upon termination of employment. 18 3. An employee shall earn vacation time at the following rates: 19 a. Rates For Calendar Years 2018 and 2019 20 (1) Eight (8) hours for each calendar month of active service since an employee's 21 last anniversary date up to a maximum of eighty (80) hours per calendar year 22 for an employee with less than seven (7) years of active service. 23 (2) Twelve (12) hours for each calendar month of active service since an 24 employee's last anniversary date up to a maximum of one hundred twenty 25 (120) hours per calendar year for an employee with at least seven (7) years but 26 less than twelve (12) years of active service. 27 28 (3) Sixteen (16) hours for each calendar month of active service since the employee's last anniversary date, up to a maximum of one hundred sixty (160) 76 1 hours per calendar year for an employee with at least twelve (12) years but less 2 than twenty (20) years of active service . 3 (4) Twenty (20) hours for each calendar month of active service since an 4 employee's last anniversary date up to a maximum of two hundred (200) hours 5 per calendar year for an employee with at least twenty (20) years of active 6 service. 7 b. For purposes of pro-rating, an employee in active service for at least fourteen (14) 8 days in a calendar month shall be deemed as having been in active service for the full 9 calendar month; in the event the employee is in active service for less than 14 days in 10 a calendar month, then the employee shall be deemed as not being in active service 11 at all during the calendar month. 12 c. The time period during which an employee earns vacation with pay for a calendar 13 year shall be limited to the employee's period of active service between his/her 14 anniversary date for that calendar year and his/her immediate preceding anniversary 15 date. 16 separation from service as provided in subsection 5 below, shall be limited to the 17 maximums noted in this subsection, above. These maximums are not guarantees; an 18 employee is not entitled to any greater vacation with pay in a calendar year than that 19 which he/she has earned for that calendar year. 20 4. The amount of vacation time taken during a calendar year, except for Employees must use vacation time during the calendar year for which such vacation time is 21 earned; employees who do not use all of their entitled vacation time within the calendar year 22 for which it was earned shall lose all rights to the unused time off. 23 5. Vacation time taken before the full amount has been earned shall be considered time owed 24 the City until it is earned. Any employee who leaves the service of the City due to 25 resignation, retirement, termination, discharge, layoff or death will have the compensation 26 for vacation time owed the City deducted from the final paycheck. 27 employee's last pay check is for an amount less than the amount of compensation owed the 28 City, a deduction shall also be made from the employee's next preceding pay check that 77 In the event the 1 covers the balance of compensation owed the City. Any employee who leaves the service of 2 the City due to resignation, retirement, layoff or death or who takes military leave will be 3 paid for earned vacation time that has accumulated. If an employee returns to duty prior to 4 his/her next following anniversary date, any vacation time earned and taken hereunder shall 5 be offset against the employee's earned vacation time for the calendar year in which that 6 anniversary date falls. 7 vacation time. 8 6. Discharge employees are not entitled to pay for accumulated An employee on authorized injury leave as a result of a duty-incurred injury may use 9 vacation scheduled during the period of such leave provided the Police Department 10 Administration receives a written advance request to use the vacation, which indicates the 11 time and place of the vacation, and provided further, the employee's private physician has 12 authorized use of this vacation. Injured employees not using vacation scheduled during the 13 period of their leave shall have their unused vacation rescheduled by the Police Department 14 Administration when they return to duty, if it is possible to do so, before the end of the 15 calendar year. In the event the Police Department Administration is unable to reschedule all 16 of the employee's remaining unused vacation before the end of the calendar year, the 17 employee shall be entitled to receive a lump sum payment equivalent to the dollar value of 18 the remaining unused vacation at the end of the calendar year, computed on the basis of the 19 employee's base salary rate in effect at the time for which the vacation was originally 20 scheduled. This lump sum payment shall be made as soon as is administratively practicable 21 following the end of the calendar year. The lump sum payment shall not be construed as 22 being part of the employee's base salary and shall not be included in the computation of any 23 fringe benefits enumerated in this Agreement. The lump sum payment shall not have any 24 sum deducted for pension benefits nor shall it be included in any computation establishing 25 pension benefits or payments. When authorized by the Police Department Administration, 26 an employee may elect to carry over into the next succeeding calendar year any remaining 27 unused vacation that the Police Department Administration was unable to reschedule by the 28 end of the calendar year, instead of the lump sum payment provided above. The vacation 78 1 carried over shall be used by March 1 of the following calendar year or the employee will 2 lose all rights to it, including all rights to the lump sum payment provided above. The 3 scheduling of carried-over vacation shall be subject to availability of the dates requested by 4 the employee, require prior approval by the employee's Commanding Officer and in no way 5 affect the scheduling of other employees' vacations. 6 7. Employees on authorized sick leave shall have their vacation that was scheduled during such 7 leave rescheduled by the Police Department Administration when they return to duty if it is 8 possible to do so before the end of the calendar year. In the event the Police Department 9 Administration is unable to reschedule all of the employee's remaining unused vacation 10 before the end of the calendar year, the City, upon the employee's return to duty, will restore 11 to the employee's sick leave account an amount of time equal to the amount of unused 12 vacation. 13 8. Employees in active service shall have time spent receiving a duty disability retirement 14 allowance included as years of service for purposes of computing current and prospective 15 vacation benefits. 16 17 9. Segmented Vacation Periods a. An employee may segment up to all of the portion of his/her maximum annual 18 vacation time entitlement earned under paragraph 3 that exceeds eighty (80) hours 19 into units of one (1), two (2), three (3) or four (4) consecutive eight-hour work days. 20 The aggregate amount of an employee's segmented vacation for a calendar year shall 21 be deemed a segmented vacation period. All other vacation benefits to which an 22 employee is entitled shall be taken in five (5) consecutive eight-hour workday units 23 in accordance with existing Departmental practices. 24 b. 25 26 A segmented vacation period may be used during the time period from January 1 through and including December 31 of a calendar year. c. An employee requesting a segmented vacation period in a calendar year shall, prior 27 to March 15 of such calendar year, notify his/her commanding officer in writing of 28 this fact on a form provided by the City, setting forth thereon the number of 79 1 segmented days requested. 2 requested by the employee for his/her segmented vacation shall be as set forth in 3 subsection 9.d., below. An employee failing to comply with this requirement shall 4 not be permitted a segmented vacation period during such calendar year. The Police 5 Department Administration shall have the authority to limit the aggregate number of 6 segmented vacation days requested in the time period provided for in subsection b., 7 above, if it determines that granting additional requests for segmented vacation 8 periods will result in insufficient manpower being available to meet the needs of the 9 Police Service. 10 d. Notification requirements as to the specific dates For each unit of segmented vacation, the employee shall provide his/her 11 commanding officer with reasonable advance notice indicating the date(s) on which 12 the employee wants to use such unit of segmented vacation; such advance notice 13 shall be provided in writing no later than 72 hours prior to the first day of the 14 segmented unit of vacation. 15 occurring on or before March 15 of the calendar year, no requested dates for 16 segmented vacation will be processed by the Department until all non-segmented 17 vacations for that calendar year have been selected by every employee in the 18 Association bargaining unit. All segmented days must be scheduled or requested on 19 or before October 15th of the calendar year; provided, however, that subject to the 20 approval of an employee's commanding officer, the October 15 deadline may be 21 waived because of emergency, or other extraordinary circumstance, affecting the 22 employee. An employee failing to comply with requirements of this subsection shall 23 have his/her unused segmented vacation time scheduled for him/her by his/her 24 commanding officer. 25 e. Except for requested segmented vacation dates All requests made by employees for scheduling units of segmented vacation that are 26 submitted in accordance with the time limit and notice requirements provided above 27 shall be processed on a first-come, first-served basis, subject to the availability of the 28 dates requested determined by the employee's commanding officer. No request will 80 1 be granted that results in another employee losing any non-segmented vacation dates 2 he/she had previously selected in accordance with Departmental practices established 3 for that purpose. 4 segmented vacation is in compliance with all of the time limit and advance notice 5 requirements provided above, but the employee's commanding officer has 6 determined that some or all of the dates requested by the employee for that unit are 7 unavailable, it shall be the responsibility of the employee to schedule available 8 substitute dates with his/her commanding officer. In the event an employee's request for scheduling a unit of 9 10. The vacation with pay benefits computed under the provisions of this Article shall be the full 10 and only vacation benefits to which employees covered by this Agreement shall be entitled 11 during calendar years 2018 and 2019. 12 11. The assignment and scheduling of vacations with pay shall be controlled by the Chief of 13 Police. However, in exercising those controls, supervisors charged with the responsibility of 14 scheduling vacations shall not be prohibited from tentatively agreeing to allow members to 15 rearrange their scheduled off days in order to change the starting date of a non-segmented 16 vacation, if projected staffing needs would appear to permit such a rearrangement. If it is 17 necessary to revoke the tentative approval granted due to staffing needs, the member shall be 18 given notice no later than seven days prior to the first day the member is tentatively 19 scheduled to be absent. 20 ARTICLE 29 21 TIME OFF FOR JURY DUTY 22 1. Employees covered by this Agreement shall be granted time off with pay for jury duty when 23 they are legally summoned for jury duty, subject to the terms and conditions provided for in 24 subsections 2 through 6, inclusive, of this Article, below. 25 26 27 2. When an employee is legally summoned to report for jury duty he/she shall: a) Immediately notify his/her commanding officer and promptly submit to him/her a written report, in "matter of" form, showing the date he/she is required to report for 81 1 such jury duty; and 2 b) Complete City of Milwaukee form C-139 (Application for Jury Duty Pay) and 3 County of Milwaukee form 2448R16 (Official Jury Notice), and forward both 4 documents to the Police Department Administration Bureau-Payroll Section; and 5 c) Submit a Certification of Jury Service form to the Police Department Administration 6 Bureau--Payroll Section at the end of his/her jury duty. Copies of this form may be 7 obtained from the Circuit Court Calendar Clerk. 8 3. 9 While on authorized jury duty employees shall be considered by the Police Department to be working the day shift and shall be permitted to change their off-duty days (regular off and 10 vacation days) subject to approval from the Police Department Administration. 11 employee's off-duty days are changed, the employee shall be required to turn over all jury 12 duty payments he/she receives (excluding official travel pay) to the City; in the event the 13 employee's off-duty days are not changed he/she shall be entitled to retain the jury duty 14 payments he/she receives for jury duty performed on his/her off-duty days, but shall be 15 required to turn over to the City all other jury duty payments he/she receives (excluding 16 official travel pay). 17 4. If the Employees shall not be eligible for overtime while on jury duty, even if such duty extends 18 beyond eight hours in one day; nor shall they be eligible for overtime for work performed 19 outside their regularly scheduled work shift that is the result of changes made pursuant to 20 subsection 3. of this Article, above. 21 5. On days when the employee is normally scheduled to work, no greater amount of time off 22 for jury duty shall be granted than is necessary. If an employee is called for jury duty on 23 such day and reports thereto without receiving a jury assignment for that day, or if he/she is 24 engaged in jury duty for part of such day, he/she shall immediately notify his/her 25 commanding officer of this fact by telephone and report back to work for the remainder of 26 his/her work day. If the employee is engaged in jury duty for part of a day that falls on a 27 work day, then such requirement to report back to work shall not be applicable on days 28 where the amount of time remaining in the employee's regularly scheduled eight-hour shift 82 1 for that day, together with travel time from the jury duty site to the employee's duty 2 assignment location, does not allow for a work period of reasonable length; in this 3 circumstance, the employee shall still be required to notify his/her commanding officer in 4 accordance with the requirement set forth above. The criteria used in determining what 5 constitutes reasonable length shall be based on present Police Department practices covering 6 jury duty; notwithstanding the foregoing, an employee released from jury duty prior to 12:00 7 noon on a work day must report back to work for the remainder of his/her work day. 8 ARTICLE 30 9 PAID LUNCH 10 Present practices are continued for the duration of this Agreement. 11 ARTICLE 31 12 TIME OFF IN LIEU OF HOLIDAYS 13 1. Employees shall be entitled to receive up to ninety-six (96) hours off with pay in lieu of 14 holidays per fiscal year, one eight-hour period of which shall be designated by the Chief of 15 Police to commemorate Dr. Martin Luther King's birthday. 16 2. Employees in active service less than a fiscal year shall be entitled to time off in lieu of 17 holidays with pay prorated on the basis of their length of service during the fiscal year. 18 Time off in lieu of holidays shall be earned at a rate of eight (8) hours per calendar month 19 for each calendar month in a calendar year that the employee was on the Police Department 20 payroll. 21 Department payroll for at least 14 days in a calendar month shall be deemed as having been 22 on the Police Department payroll for the full calendar month; in the event the employee is 23 on the Police Department payroll for less than 14 days in a calendar month, then the 24 employee shall be deemed as not having been on the payroll at all during such calendar 25 month. 26 3. For purposes of interpretation of this provision, an employee on the Police Except as provided in subsection 4 of this Article, below, such time off with pay shall be 83 1 used by the employee in the fiscal year in which they are earned; employees who do not use 2 all of their entitled time off in lieu of holidays within the fiscal year in which it was earned 3 shall lose all right to the unused time off. 4 4. If an employee is unable to use all of the time off in lieu of holidays with pay to which the 5 employee is entitled during a fiscal year because of an extended period of authorized sick 6 leave that does not allow the Chief of Police to reschedule some or all of the employee's 7 unused time off in lieu of holidays in that fiscal year, then the City, upon the employee's 8 return to duty in the next fiscal year, will restore to the employee's sick leave account an 9 amount of time equal to the amount of such unused time off in lieu of holidays with pay that 10 the Chief of Police was unable to reschedule. This provision shall only cover time off in 11 lieu of holidays that is not integrated into the employee's regular work schedule. (In the case 12 of an employee assigned to a District Station on an eight-hour shift basis whose regular 13 work schedule is five days on-duty, two days off-duty, followed by four days on-duty, two 14 days off-duty, etc., this provision would cover the 32 hours off in lieu of holidays per fiscal 15 year that are not integrated into the employee's regular work schedule and would not cover 16 any of the 64 hours off in lieu of holidays per fiscal year that are integrated into the 17 employee's regular work schedule.) 18 5. The scheduling of work days off in lieu of holidays with pay shall be controlled by the Chief 19 of Police. 20 ARTICLE 32 21 HOLIDAY PREMIUM PAY 22 1. Except as provided in paragraph 2, employees who are assigned to duty on July 4, December 23 25, January 1 and/or Labor Day (first Monday in September) of a calendar year shall be 24 compensated in cash at a rate of one and one-half (1½) their base salary for all such assigned 25 duty worked from 12:00 a.m. through 11:59 p.m., inclusive, during such days. 26 27 2. An employee may elect to receive such holiday compensation in compensatory time off in lieu of cash, subject to the following terms and conditions: 84 1 a. 2 The employee's compensatory time off balance (CTB) recorded on the most current Police Department Personnel Status Report must be less than 225 hours; 3 b. 4 Compensatory time off earned by an employee on a holiday listed above shall be included in his/her CTB; 5 c. The procedures governing the use of compensatory time off earned on holidays shall 6 be the same as those provided in the OVERTIME Article of this Agreement for use 7 of compensatory time off; and 8 d. An employee may elect to receive compensatory time off in lieu of cash for work 9 performed during roll-call time on a holiday listed above, only if he/she elects 10 compensatory time off for all roll-call time worked during the Pay Period in which 11 the holiday occurred (this is consistent with existing Departmental procedures 12 governing eligibility for election of compensatory time off for roll-call time 13 overtime). 14 3. For administrative purposes, all time so worked shall be computed to the nearest 0.1 of an 15 hour. For purposes of interpretation and construction of this Article, the compensation 16 herein provided shall only be granted for authorized duty occurring on the actual calendar 17 dates that the four (4) holidays listed above fall; no such compensation will be granted for 18 duty on any other calendar date on which these four (4) holidays may officially be 19 celebrated or observed pursuant to law. 20 4. Application of the provisions enumerated herein shall not involve pyramiding of the 21 compensation described herein. No employee shall receive overtime benefits and/or shift or 22 weekend differential benefits in addition to holiday premium pay. 23 5. Any payment made in addition to the employee's base salary under the provisions of this 24 Article shall not have any sum deducted for pension benefits nor shall such payments be 25 included in determining pension benefits or other fringe benefits. 85 1 ARTICLE 33 2 UNIFORM AND EQUIPMENT 3 1. 4 Uniform and equipment benefits for employees shall be as follows: a. 5 Initial Allowance (1) Employees in the Police Officer job classifications shall, upon appointment, 6 receive an initial uniform and equipment issue, the specific items of which 7 shall be determined by the Chief of Police. These specific items shall remain 8 the property of the City and shall revert to the Police Department upon the 9 employee's severance from service from and after January 1, 1991. 10 (2) 11 Effective as soon after September 14, 1987, as administratively practicable, one silver badge patch for the windbreaker shall be included in the initial issue. 12 (3) Effective upon the execution date of the 2010-2012 Agreement, a uniform 13 outer carrier shall be included in the initial issue, which shall replace the initial 14 issue of a sweater. 15 b. Replacement Allowance 16 (1) Employees Occupying Classifications Other Than Detective, Chief Document 17 Examiner, Police Audio Visual Specialist, Latent Print Examiner, Identification 18 Systems Specialist, Document Examiner and Identification Technician 19 (a) The City shall replace articles of initial allowance of uniform and 20 equipment prescribed by the Chief of Police and, in addition, up to two 21 shirts or one uniform outer carrier and one turtleneck shirt or any 22 combination thereof totaling two items per year, whenever such articles 23 have been condemned on account of normal wear and tear. At his/her 24 option the employee may have either a summer short sleeve shirt or a 25 winter long sleeve shirt or a turtleneck shirt replaced. The Chief of 26 Police shall issue a requisition to a vendor selected by the Standards and 27 Procurement Division for each replacement article required. Whenever 86 1 an article has been replaced through requisition, the employee shall be 2 required to present the requisitioned article to the Police Academy for 3 approval and the employee shall be required to turn in the condemned 4 article at the Police Academy. (Note: The intent of this Article shall be 5 as provided in a clarifying Negotiating Note between the City and the 6 Association dated October 7, 1977). 7 (b) 8 The City shall provide employees a uniform and equipment maintenance allowance of $300 per annum. 9 (c) Payments made under subsection 1.b.(1)(b) of this Article shall be paid 10 in December of the year in which they were earned. Pro-rata adjustment 11 to the nearest calendar month on the basis of length of service shall be 12 made for employees occupying applicable classifications for less than a 13 full calendar year. For purposes of prorating, an employee on the payroll 14 and occupying such classifications for at least 14 days in a calendar 15 month shall be deemed as occupying such classification for the full 16 calendar month; in event the employee occupies the classification for 17 fewer than 14 days in a calendar month, the employee shall be deemed as 18 not occupying the classification at all during that calendar month. 19 (2) Detectives, Chief Document Examiner, Police Audio Visual Specialist, Latent 20 Print Examiner, Identification Systems Specialist, Document Examiner and, 21 Identification Technician 22 (a) The City shall provide employees occupying the classification of 23 Detective, Chief Document Examiner, Police Audio Visual Specialist, 24 Latent Print Examiner, Identification Systems Specialist, Document 25 Examiner and Identification Technician a clothing allowance of $450 per 26 annum. 27 28 (b) Payments made under subsection 1.b.(2)(a) of this Article shall be paid in December of the year in which they were earned. 87 1 Pro-rata adjustment of the foregoing allowances to the nearest calendar 2 month on the basis of length of service shall be made for employees 3 occupying the classifications of Detective, Chief Document Examiner, 4 Police Audio Visual Specialist, Latent Print Examiner, Identification 5 Systems Specialist and Document Examiner and Identification 6 Technician, for less than a full calendar year. For purposes of prorating, 7 an employee on the payroll and occupying the classification of 8 Detective, Chief Document Examiner, Police Audio Visual Specialist, 9 Latent Print Examiner, Identification Systems Specialist Document 10 Examiner and 11 calendar month, shall be deemed as occupying such classification for the 12 full calendar month; an employee occupying the classification of 13 Detective, Chief Document Examiner, Police Audio Visual Specialist, 14 Latent Print Examiner, Identification Systems Specialist, Document 15 Examiner and Identification Technician, for fewer than 14 days in a 16 calendar month shall be deemed as not occupying the classification at all 17 during that calendar month. 18 2. Identification Technician, for at least 14 days in a Subject to the following terms and conditions, the City will provide each employee in the 19 Detective classification with one (1) windbreaker: 20 a. 21 For employees appointed to the Detective classification, the windbreaker shall be provided upon appointment as Detective. 22 b. The specifications of the windbreaker shall be prescribed by the Chief of Police. 23 c. The windbreaker shall be deemed "initial issue" for Detectives and replacement shall 24 25 be made in accordance with the provisions of paragraph 1.b.(1)(a) of this Article. 3. During the term of this Agreement, each member of the bargaining unit shall be 26 compensated for items of uniform and equipment prescribed by the Police Department 27 which are either (1) directly or indirectly destroyed in the line of duty, or (2) stolen from the 28 member while such member is on duty. The provisions of item (2) of this paragraph shall 88 1 only be applicable to claims made in relation to incidents of theft where there is no 2 negligence on the part of the member. The Chief of Police shall assess the amount of 3 damage, and he or she shall assess the amount of loss resulting from incidents of theft 4 compensable hereunder. For purposes of interpretation and construction, the term "items of 5 uniform and equipment prescribed by the Police Department" as used herein shall only 6 cover those items that were compensable under the terms of the UNIFORM AND 7 EQUIPMENT Article of the 2007-2009 City/MPA Agreement. Additionally, the Chief may, 8 at his or her discretion, approve other items of Uniform and Equipment as compensable 9 hereunder and shall assess the amount of damage or loss for such items. 10 4. The following provisions shall apply to soft body armor which is a part of the Department's 11 initial issue for appointments occurring on or after the May 18, 1989, or a replacement under 12 paragraphs 1.b.(1)(a) or 3. of this Article occurring on or after May 18, 1989: 13 a. As part of initial issue or replacement allowance that is provided under the 14 provisions of this Article, the Department will provide an employee with standard 15 issue soft body armor, the specifications of which shall be determined and prescribed 16 by the Chief of Police. The threat level for standard issue soft body armor prescribed 17 by the Chief shall not be less than threat level II (as this threat level standard is 18 defined and determined as of May 18, 1989), or its equivalent. 19 b. In lieu of the standard issue, an employee may elect soft body armor with a threat 20 level IIIA classification; such election shall be in writing in a manner prescribed by 21 the Department. The threat level IIIA soft body armor elected shall be provided by 22 the Department and shall conform to specifications prescribed by the Chief of Police. 23 c. Employees in active service appointed prior to May 18, 1989, who did not have the 24 option to elect soft body armor with a threat level higher than threat level II shall 25 have a one-time-only opportunity to elect threat level IIIA soft body armor 26 (employees making this election shall be required to turn in the soft body armor they 27 were issued at the time of their appointment). Such election shall be in writing in a 28 manner prescribed by the Department. Employees eligible to make an election must 89 1 do so before June 30, 1989. 2 3 d. 5. The Department shall meet the cost of soft body armor provided hereunder. Payments made under the provisions of this Article shall not be construed as being part of 4 the employee's base salary and shall not be included in the computation of any fringe 5 benefits enumerated in this Agreement. Any payment made under the provisions of this 6 Article shall not have any sum deducted for pension benefits nor shall such payments be 7 included in any computation establishing pension benefits or payments. 8 6. Notwithstanding any other provision of this Article, during a calendar month employees 9 shall not be entitled to receive benefits under both subsections 1.b.(1) and 1.b.(2); instead 10 eligibility for receipt of benefits under either of these two subsections shall be predicated on 11 the length of service therein, the subsection with greater service determining the benefit (in 12 the event the length of service is identical the employee shall be entitled to elect the 13 subsection under which his/her benefits shall be determined). 14 15 7. At the discretion of the Chief of Police, an employee may not be granted benefits provided by this Article where circumstances render the situation inappropriate. 16 17 * NOTE: * * * * * As provided for the City/MPA Memorandum of Understanding relative to soft body 18 armor executed May 19, 1989, implementation of paragraph 4 of this Article is 19 contingent upon City Attorney approval requirements therein. 20 ARTICLE 34 21 SAFETY GLASSES 22 The City will provide safety glasses for police officers who are required to wear glasses for 23 corrective purposes under the same provisions under which these glasses are provided for 24 other City employees. Such glasses shall remain the property of the City of Milwaukee. 90 1 ARTICLE 35 2 AUTO ALLOWANCE 3 1. A member of the Department may use his/her privately owned vehicle for Departmental 4 business only under express authorization from his/her commanding officer. When such use 5 is authorized, the City will indemnify the officer for any property damage sustained by 6 his/her automobile and shall represent the officer and shall be responsible for any judgment, 7 damages and costs entered against the officer for acts arising out of his/her official capacity 8 while acting within the scope of his/her employment. 9 2. When an employee is authorized by his/her commanding officer to use his/her private 10 vehicle on Departmental business, in accordance with Departmental procedures established 11 for that purpose, and the vehicle sustains damage during such use, the employee shall submit 12 a written report of the damages to his/her commanding officer before the end of the work 13 shift in which the damages occurred. The report shall include a description of the damages, 14 the date and time of occurrence, and the cause. Reasonable costs of damages to the officer's 15 vehicle will be reimbursed by the City provided the employee submits documentation of 16 such cost to his/her commanding officer no later than seven (7) calendar days following the 17 occurrence of the damage and further provided that the City is subrogated to the extent of its 18 property damage payment in the event the officer recovers those damages from any third 19 party. If bona fide medical circumstances applicable to the employee preclude compliance 20 with the above time limits, the employer shall authorize a reasonable extension of these time 21 limits. 22 ARTICLE 36 23 LOCKERS 24 1. 25 26 27 Except as provided in subsection 2, below, the City will provide each employee covered by this Agreement with individual locker space. 2. The City shall not have to provide employees with individual locker space at locations where sufficient existing space is not available or where providing individual locker space 91 1 would require extensive remodeling or construction. 2 available to accommodate every employee, then individual locker space shall be assigned on 3 a seniority basis identical to that which governs selection of vacations within the district or 4 bureau. Employees not assigned to individual lockers shall be assigned shared lockers. 5 3. 6 7 If individual locker space is not If the City constructs new buildings, space shall be allotted for locker rooms containing lockers for each individual employee. 4. The City shall continue to retain the right of inspection provided the employees whose 8 lockers are inspected are present during such inspection. If the employee is unable to be 9 present at the time of inspection or when a locker is opened as a result of loss of locker 10 privilege due to seniority and/or lack of availability of space a union representative shall be 11 present in their place. Any property within an opened locker shall be provided directly to 12 the employee or union representative, unless that property may be contraband or the 13 property of the Department. The City shall continue to be held blameless against loss, theft 14 or damage. 15 5. Members who use Department lockers shall be permitted to use private locks and shall 16 secure their lockers at all times. The Department will not establish a master key system so 17 long as paragraphs one through four, above, of this Article remain the same as those in the 18 1995-1997 City-Union labor agreement. 19 ARTICLE 37 20 SPECIAL UNIT PAY 21 1. Employees assigned by the Chief of Police to any of the following special units shall receive 22 an amount in addition to base salary equivalent to $350 per annum: the Bomb Squad Unit, 23 the Underwater Investigation Unit, Arson Investigators, Honor Guard, and Tactical 24 Enforcement Unit. An employee may not receive more than $350 per annum regardless of 25 the number of special units he/she may belong to at any one given time. 26 27 2. Payments made under the provisions of this Article shall be paid after December 31 of the year in which they were earned. Pro rata adjustment to the nearest calendar month on the 92 1 basis of service in a Special Unit will be made for those employees who were assigned to a 2 Special Unit for less than a full calendar year. For purposes of pro rating, an employee 3 assigned to the Bomb Squad, the Underwater Investigation Unit, the Arson Investigation 4 Unit, the Honor Guard, or the Tactical Enforcement Unit for at least 14 days in a calendar 5 month shall be deemed as having been assigned to a Special Unit for the full calendar 6 month; in the event the employee is assigned to a Special Unit less than 14 days in a 7 calendar month, the employee shall be deemed as not having been assigned to a Special Unit 8 at all during the calendar month. 9 3. Payments made under the provisions of this Article shall not be construed as being part of 10 employees' base pay and shall not be included in the computation of any fringe benefits 11 enumerated in this Agreement. 12 4. Any payment made under the provisions of this Article shall not have any sum deducted for 13 pension benefits nor shall such payments be included in any computation establishing 14 pension benefits or payments. 15 ARTICLE 38 16 UNDERWATER INVESTIGATION UNIT PAY 17 18 Effective upon implementation of the 2013-2017 Labor Agreement provisions of this Article have been incorporated into Article 37. 19 ARTICLE 39 20 EDUCATIONAL PROGRAM 21 1. Subject to the terms and conditions provided in subsections 2 through 6, below, upon 22 attainment of necessary credits or degree, an employee’s base salary shall be as identified in 23 Article 10 of this Agreement. 24 2. 25 26 27 No employee will be eligible for Educational Pay unless he/she has a minimum of one year of active service on the police force. 3. Courses for which credits or degrees are earned for which payment shall be made shall be limited to courses of study in which the credits have been successfully earned from an 93 1 educational institution accredited by any of the following regional accreditation 2 associations: 3 North Central Association of Colleges and Schools 4 Middle States Association of Colleges and Schools 5 New England Association of Schools and Colleges, Inc. 6 Northwest Association of Colleges and Schools 7 Southern Association of Colleges and Schools 8 Western Association of Schools and Colleges 9 4. Employees who have earned a Baccalaureate and/or Advanced Degree shall request that the 10 degree granting collegiate institutions send a report to the Milwaukee Police Department 11 with a statement as to the date on which the degree was conferred, the major field of study 12 pursued, and that the institution was a member in good standing of an association listed in 13 3., above, at the time the degree was granted. 14 5. It shall be the sole responsibility of the employee to provide the Police Department 15 Administration with evidence of successful completion of the course work for which 16 Educational Pay is being sought; such evidence shall be as prescribed by the Chief of Police 17 and shall include, but not be limited to, official transcripts, degree/diploma, and the date(s) 18 credits were earned and degrees were conferred. The employee shall be solely responsible 19 for any costs associated with providing this evidence. 20 ARTICLE 40 21 TUITION AND TEXTBOOK REIMBURSEMENT 22 1. Tuition and textbook reimbursement shall be in accordance with the Veteran's 23 Administration benefits and Safe Streets Act benefits pertaining thereto. In no event shall 24 there be any duplication of these benefits paid the employee. 25 2. If an employee is ineligible to receive tuition and/or textbook reimbursement under the 26 provisions of Subsection l of this Article, the City will reimburse tuition and textbook costs 27 incurred by the employee up to a combined maximum (tuition and textbook costs added 94 1 together) of $1,200.00 per calendar year during the term of this Agreement (any portion of 2 the combined maximum may be used for short courses which are less than three weeks in 3 duration) subject to the terms and conditions hereinafter provided. Effective for calendar 4 year 2019 the tuition and textbook reimbursement shall increase to $1,500. 5 3. All courses of study for which reimbursement is requested by an employee under the 6 provisions of Subsection 2 of this Article shall be job related and approved by the Police 7 Chief before any such reimbursement is paid to the employee by the City. Coursework 8 approved to be on City time by both the Chief of Police and the Department of Employee 9 Relations may be on City time. 10 4. In order to qualify for reimbursement under Subsection 2 of this Article, above, employees 11 must submit an application for reimbursement to a City-designated administrator on a form 12 provided by the City no later than four (4) weeks following the starting date of the course for 13 which reimbursement is requested. 14 5. In order to qualify for reimbursement under Subsection 2 of this Article, above, employees 15 shall present evidence to a City designated administrator of successful completion for those 16 Police Department approved courses of study that they are requesting reimbursement. Such 17 evidence shall be submitted in writing to the aforesaid administrator within eight (8) weeks 18 following completion of such Police Department approved courses of study and shall consist 19 of the final grade report for each such Police Department approved course of study. A 20 Police Department approved course of study shall be deemed successfully completed if: 21 a. 22 23 course of study; or b. 24 25 A grade of "C" or higher is received and such course of study is an undergraduate A grade of "B" or higher is received and such course of study is a graduate course of study; or c. When grades are not given or the course of study taken is a non-credit one then the 26 employee must present to aforesaid City designated administrator within the time 27 limit above described a written statement from the course's instructor that the 28 employee has satisfactorily completed the course of study. 95 1 6. Payment of reimbursement described in Subsection 2 of this Article shall be made as soon as 2 is administratively practicable after the reimbursement application and evidence of 3 successful completion of the Police Department approved courses of study for which such 4 reimbursement is being requested is received by aforesaid City designated administrator. 5 7. Any payment made under the provisions of this Article shall not have any sum deducted for 6 pension benefits nor shall such payments be included in the determination of pension 7 benefits or other fringe benefits. 8 8. 9 Employees must remain in service for a six-month period after receiving Tuition and Textbook Reimbursement from the City or the amount reimbursed will be deducted from the 10 employee's final paycheck. 11 ARTICLE 41 12 SENIORITY FOR LAYOFF PURPOSES 13 1. In the event of a layoff of members of the bargaining unit, the order of layoff shall be 14 inversely related to length of service. (The last employee hired shall be the first employee 15 laid off). 16 2. 17 18 service. (The last employee laid off shall be the first employee returned to work). 3. 19 20 In the event of a recall to work, the order of return shall be directly related to length of Length of service, for the purpose of this Article, is to be measured from the date of original hire in the Police Department with police powers. 4. Should the City find it necessary to lay off members of the bargaining unit, it shall give the 21 Association notice not less than four (4) weeks prior to the effective date of the layoff of the 22 initially affected employee. The City and the Association shall meet within three (3) 23 working days of the notice to discuss layoffs. The City at this meeting shall provide the 24 Association with a current seniority list of the Police Department. 25 26 27 28 29 5. Seniority shall be broken if an employee: a. Retires b. Resigns from the police service c. Is discharged and the discharge is not reversed d. Is not recalled from layoff for a period of three (3) years 96 1 2 3 4 e. f. 6. 5 6 Is recalled from a layoff and does not report for work within three (3) calendar weeks Does not return at the expiration of a leave of absence. Employees of the same rank having the same starting date shall have their seniority status determined by their position on the eligibility list from which they were appointed. 7. 7 In the event of a layoff, the City shall not transfer any employee covered by this Agreement out of the Police Department to any other City Department. 8 ARTICLE 42 9 DUES DEDUCTIONS 10 1. No member of the bargaining unit is required to join the Association. However, 11 membership in the Association is open to all members of the bargaining unit who choose to 12 join and comply with the constitution and by-laws of the Association. No person will be 13 denied membership in the Association because of race, ethnic origin, sex or religious 14 affiliation. 15 2. The City will deduct dues payments of Association members from their bi-weekly paycheck 16 and remit these sums to the Association Treasurer within ten (10) calendar days after the 17 payday from which the deduction was made. 18 3. 19 20 joining the Association. 4. 21 22 Dues for new members of the Association will be made from their first paycheck after The City will not deduct the dues of any employee in a two-week pay period unless the employee is a member of the Association for at least seven calendar days in such pay period. 5. Changes in dues amounts to be deducted shall be certified by the Association to the City 23 Labor Negotiator at least four (4) weeks before the start of the pay period the changed 24 deduction is to be effective. 25 6. The MPA shall, at its sole cost and expense, fully indemnify, defend and hold harmless the 26 City, its officers, agents and employees against any and all claims, suits, actions or liability 27 of judgments for damages (including, but not limited to, expenses for reasonable legal fees 28 and disbursements of the City, if any) arising from any objections to or contesting of the 97 1 validity of any dues deductions or the interpretation, application or 2 enforcement of this provision. 3 7. 4 5 The Association will fully and fairly represent all members of the bargaining unit, as may be required by law, regardless of whether they are members of the Association. 8. The City reserves the right to stop, withhold, or modify dues deductions for employees or 6 positions in question until resolved by mutual agreement or by the Wisconsin Employment 7 Relations Commission. 8 ARTICLE 43 9 DUES CHECK-OFF 10 1. Except as provided in subsection 5, below, the provisions of this Article shall cover 11 employees only if the AGENCY SHOP provision of this Agreement is determined by a 12 competent court or tribunal to be inoperative; in which event this provision shall be deemed 13 a mutually satisfactory replacement for the AGENCY SHOP provision and the provisions of 14 subsection 2. of the WAIVER OF FURTHER BARGAINING Article of this Agreement 15 shall not apply. 16 2. Employees may authorize the City to deduct Association dues from their paychecks by 17 executing an authorization card, such authorization card prescribed by the City, and 18 submitting it to a City-designated administrator. Any authorization card executed prior to 19 this Article becoming operative shall constitute an authorization card under this provision. 20 3. Check-off shall become effective two pay periods following the date the employee's 21 executed authorization card is received by the City-designated administrator. 22 employee wishes to withdraw from check-off, he shall pay a fee of $2.00 to the City 23 Treasurer and obtain a revocation card in accordance with procedures established for that 24 purpose by the City. Such withdrawal will become effective four pay periods after filing. 25 4. If any The Association shall file a report with the City Comptroller's Office certifying the amount 26 of employee dues deduction that is uniformly required of all employees represented by the 27 Association. Changes in uniform employee dues deductions shall be certified by the 98 1 Association and filed with the City Comptroller's Office at least 15 calendar days before the 2 start of the pay period the new uniform dues deduction schedule is to become effective. 3 5. An employee newly appointed to City employment on or after the execution date of this 4 Agreement may authorize the City to deduct Association initiation dues from his/her 5 paycheck by executing an authorization card prescribed by the City for this purpose and 6 submitting it to a City-designated administrator within 60 calendar days following his/her 7 appointment date. Initiation dues check-off shall become effective with the third pay period 8 following the date the authorization card is received by the City administrator and shall be 9 made in four (4) equal installments spread over four (4) pay periods. The Association shall 10 file a report with the City Comptroller's Office certifying the amount of employee initiation 11 dues that are uniformly required of all new employees represented by the Association. 12 Changes in uniform initiation dues shall be certified by the Association and filed with the 13 City Comptroller's Office at least 15 calendar days before the start of the pay period the new 14 uniform dues deduction schedule is to become effective. 15 6. So long as the Union complies with all of the requirements of Common Council Resolution 16 File No. 960930, the City shall deduct from the biweekly earnings of employees in the 17 bargaining unit the employees' voluntary political contributions and submit such deduction 18 to the Union on a biweekly basis. The political check form shall be as provided by the Union 19 and in compliance with the Federal Election Commission requirements. 20 ARTICLE 44 21 BULLETIN BOARDS 22 The City will furnish bulletin boards at each district station and bureau. The material being 23 placed upon such boards shall consist of official announcements of the Association, 24 announcements of social events, Association election campaign material (provided that such 25 material is non-controversial), results of Association elections, calls for Association elections; 26 and any other matter approved by the Association, provided such other matter is non- 27 controversial. It shall be the duty of the Association to keep the boards current and to remove 99 1 obsolete material; the Association shall assign one or more stewards at each location for this 2 purpose. 3 determination of the Wisconsin Employment Relations Commission in Case 442 No. 55600 MP- 4 3346. 5 ARTICLE 45 6 NEGOTIATIONS The parties shall interpret this article in a manner consistent with the final 7 Either party to this Agreement may select for itself such negotiator or negotiators for 8 purposes of carrying on conferences and negotiations under the provisions of Section 111.70, 9 Wisconsin Statutes, as such party may determine. No consent from either party shall be required 10 in order to name such negotiator or negotiators. 11 ARTICLE 46 12 LIMITATIONS UPON ASSOCIATION ACTIVITY 13 1. No Association member or officer shall conduct any Association business on City time 14 except as specified in this Agreement or as authorized by the Chief of Police, City Labor 15 Negotiator, or the Labor Policy Committee of the Common Council. Nothing in this 16 subsection shall preclude obtaining employee signatures on grievance forms or meetings to 17 discuss grievances on City time when authorized by commanding officer. 18 2. No Association meeting shall be held on City time nor on City property. 19 ARTICLE 47 20 ASSOCIATION NEGOTIATING TIME 21 1. The Association shall provide the City Labor Negotiator with the names of the members of 22 its Executive Board and the names of those Board members who will comprise the 23 Association Negotiating Committee. 24 25 2. Subject to the terms and conditions hereinafter provided, members of the Association Negotiating Committee shall be entitled to paid time off computed at straight time (1x) rates 100 1 for authorized City/Association negotiating meetings. The amount of paid time off provided 2 shall be limited to the length of each authorized City/Association negotiating meeting, 3 including reasonable travel time from site of employment to site of meeting, but in no event 4 shall payment be made for time greater than eight (8) hours per day. 5 3. For each authorized City/Association Negotiating Meeting, the Association shall provide the 6 City Labor Negotiator with the names of the Association bargaining committee members 7 attending the meeting that are to be covered by the provisions of this Article. These names 8 shall be provided sufficiently in advance of the meeting to permit the City Labor Negotiator 9 to give reasonable advance notice to the Chief of Police of the meeting. 10 4. 11 Reimbursement a. 12 Each month, the Association shall reimburse the City an amount equivalent to the base salary paid members under the provisions of this Article during such month. 13 b. Each month, the Association shall also reimburse the City an amount equivalent to 14 the overtime premium (½x) paid employees required to work overtime as a result of 15 members utilizing paid time off under the provisions of this Article during such 16 month. 17 overtime premium owed the City. 18 c. The Police Department Administration shall determine the amount of The paid time off benefits provided hereunder shall be suspended and made 19 inapplicable whenever the Association is in non-compliance with the reimbursement 20 requirements provided by subsections 4a. and 4b. of this Article, above. 21 d. 22 This subsection shall not apply to the first 300 hours of paid time off used in each year of this Agreement. 23 5. The City Labor Negotiator shall interpret and administer the provisions of this Article. 24 ARTICLE 48 25 BANK OF HOURS FOR ASSOCIATION ACTIVITY 26 The Association shall advise the City of the names of the members of its Executive Board. Such 27 members, in aggregate, shall be entitled to a maximum of 4,500 hours per calendar year paid 101 1 2 time off subject to the following terms and conditions: 1. Such paid time off shall be limited to Association membership meetings, Executive 3 Board meetings, Steward meetings, Association training opportunities (limited to 4 200 hours of the allotted 4,500 hours), to serve as requested in representing 5 Association members, and for the attendance at authorized meetings of City Boards, 6 Commissions and Committees. 7 2. Except for authorized meetings of City Boards, Commissions and Committees, the 8 Association shall provide the Chief of Police with written notice of each such 9 meeting and the members to be released on account thereof. Seven days' notice shall 10 be provided for all but two meetings during a calendar year. For two meetings, 11 written notice of not less than 24 hours may be given. In the event that notice 12 meeting the requirements herein is not given, the Chief of Police shall not be 13 obligated to release members for a meeting. 14 3. For each authorized meeting of a City Board, Commission or Committee, the 15 Association shall provide the Chief of Police with written advance notice of not less 16 than 24 hours for such meeting and the Executive Board members to be released on 17 account thereof. 18 4. 19 20 21 Employees on overtime assignment shall not be entitled to paid time off under the provisions of this Article. 5. Reimbursement a. Each month, the Association shall reimburse the City an amount equivalent to 22 the base salary paid members under the provisions of this Article during such 23 month. 24 b. Each month, the Association shall also reimburse the City an amount 25 equivalent to the overtime premium (l/2X) paid employees required to work 26 overtime as a result of members utilizing paid time off under the provisions of 27 this Article during such month. The Police Department Administration shall 28 determine the amount of overtime premium owed the City. 102 1 c. The paid time off benefits provided hereunder shall be suspended and made 2 inapplicable whenever the Association is in non-compliance with the 3 reimbursement requirements provided by subsection 5a. and 5b. of this Article, 4 above. 5 ARTICLE 49 6 CONTRACT ADMINISTRATION 7 The City will allow the Association up to three full-time positions of Police Liaison Officer. 8 These positions shall at all times be subject to the following terms and conditions: 9 1. Within 30 calendar days following the execution date of this Agreement, the Association 10 shall provide the City with a written notice indicating the names of the three employees it 11 wants to designate as Police Liaison Officers. In the event the Association subsequently 12 wants to replace an individual it has designated as a Police Liaison Officer with another 13 employee, it shall provide the City with a written notice indicating: the names of the 14 replacement employee and the employee to be replaced, along with the effective date of 15 such replacement. Such notice to be provided the City not less than 30 calendar days prior 16 to the effective date of the replacement. An employee designated by the Association for a 17 Police Liaison Officer position shall not be permitted to serve in that position until the City 18 receives a written statement from the employee indicating that he/she volunteered to serve as 19 a Police Liaison Officer. 20 2. Upon the City's receipt of the written notices required in subsection l of this Article, above, 21 the individuals designated by the Association as a Police Liaison Officer will be relieved of 22 present duties and be assigned by the City to assist the Association in conferences with other 23 employees and supervisors, and to participate in meetings called by management or 24 otherwise authorized under this Agreement. A Police Liaison Officer shall assist the parties 25 in maintaining harmonious relationships during the term of this Agreement, shall devote an 26 amount of time to these activities equal to that for which the City compensates him/her and 27 shall conduct other Association activities in such a way that they will not be construed as 103 1 2 City-supported activities. 3. The City shall provide the base salary for two employees occupying positions of Police 3 Liaison Officer which shall be equivalent to the base salary they would be entitled to receive 4 under the BASE SALARY provision of this Agreement had they remained employed in the 5 Police Department in the classifications they occupied immediately prior to becoming Police 6 Liaison Officers. The two employees occupying the positions of Police Liaison Officer 7 shall receive $150 biweekly in addition to their base salary as compensation in lieu of 8 overtime pay, uniform/clothing maintenance or replacement allowance, motorcycle pay and 9 all other allowances or pay received by a member of the Milwaukee Police Department. An 10 employee who has served as a Police Liaison Officer, who retires from active service on a 11 service retirement after January 1, 2004, shall have the $150 biweekly payment 12 compensation he or she received in and after Pay Period 1, 2004, included in his or her final 13 average salary for purposes of computing his or her service retirement allowance. For 14 purposes of interpretation and construction of the provisions of this Article, such employee 15 is entitled to include in the Final Average Salary compensation the total amount of the $150 16 biweekly payments the employee received in any twelve (12) month period. With respect to 17 the third Police Liaison Officer, the Association shall provide the base salary and the $150 18 biweekly compensation described above. 19 4. The Association shall pay to the City, on a quarterly basis, an amount equal to one-half (½) 20 the base salary payments (before taxes) made by the City to two Police Liaison Officers and 21 an amount equal to 100% of the base salary (before taxes) and $150 biweekly payments 22 made by the City to one Police Liaison Officer. 23 5. A Police Liaison Officer shall be covered by the following provisions of this Agreement, 24 and the benefits they provide, under the same terms and conditions applicable to employees 25 26 27 28 29 30 31 covered by this Agreement: LONGEVITY IN RANK PAY CERTIFICATION PAY PENSIONS AND RELATED MATTERS LIFE INSURANCE HEALTH INSURANCE SICK LEAVE 104 1 2 3 4 5 6 7 8 INJURY PAY TERMINAL LEAVE VACATIONS WORK DAYS OFF IN LIEU OF HOLIDAYS MILITARY LEAVE EDUCATIONAL PROGRAM TUITION AND TEXTBOOK REIMBURSEMENT 9 The benefits provided by the provisions of this Agreement listed above shall be the 10 11 only benefits that the Police Liaison Officer is entitled to. 6. 12 13 direction of their activities and the accounting thereof as is hereinafter provided. 7. 14 15 24 A Police Liaison Officer shall, subject to the approval of the Fire and Police Commission, be detached from the Police Department and assigned to the Common Council-City Clerk. 8. 16 17 18 19 20 21 22 23 A Police Liaison Officer shall have no police powers but shall receive from the City such A Police Liaison Officer shall under no circumstances be eligible for any salary payment for any work performed: a. Beyond eight hours in any one day. b. Beyond forty hours in any one week. c. On a holiday. d. On an off-day. e. On a vacation day 9. A Police Liaison Officer in the above five situations shall be considered as being on a flexible schedule. 25 10. The base salary and benefits provided to a Police Liaison Officer shall be under the 26 administration of the City Clerk. The scheduling of the vacation and holiday benefits 27 provided in subsection 5. of this Article, above, shall be controlled by the City Clerk. The 28 hours of work for a Police Liaison Officer shall be under the Administration and control of 29 the City Clerk. 30 31 32 33 11. Police Liaison Officers shall be under the complete control, direction and supervision of the City Clerk and at all times remain employees of the City. 12. A Police Liaison Officer shall perform such duties as are noted below: a. 34 35 Assist in processing any problems pertaining only to matters involving interpretation, application and enforcement of this Agreement. b. Submit a report of their activities to the City Clerk each week. 105 1 13. Absent prior authorization from the Chief of Police, no Association business shall be 2 conducted by a Police Liaison Officer with members of the Police Department during 3 members' duty hours. 4 14. A Police Liaison Officer shall in no way interfere, infringe upon or question any disciplinary 5 action of the Chief of Police or the Fire and Police Commission; nor shall he/she interfere, 6 infringe upon, or question any powers, functions, duties and responsibilities of the Chief of 7 Police and the Fire and Police Commission as are provided by State Statutes and Charter 8 Ordinances. 9 15. If necessary, the City Clerk shall request that the City Service Commission exempt a Police 10 Liaison Officer from civil service under Section 63.27, Wisconsin Statutes, and approve 11 his/her title and pay rate. 12 16. If necessary, the City Clerk shall request that the Fire and Police Commission approve 13 detachment of a Police Liaison Officer from the Police Department with reinstatement rights 14 to the position he/she held in the Police Department prior to his/her detachment, and that 15 upon his/her return to the Police Department, he/she be permitted to count time spent as a 16 Police Liaison Officer for the sole purpose of meeting the length of service requirements 17 when qualifying to take promotional exams. A Police Liaison Officer who meets the 18 qualifications established for a promotional exam may take such exam while he/she is a 19 Police Liaison Officer. In the event a Police Liaison Officer is nominated by the Chief of 20 Police for promotion while a Police Liaison Officer and he/she wishes to accept the 21 nomination, the Police Liaison Officer must indicate acceptance of nomination in writing to 22 the Chief of Police and at the same time, provide notice to the Chief of Police of his/her 23 resignation from the position of Police Liaison Officer. The resignation from the position of 24 Police Liaison Officer shall be effective on the same date the promotion is effective. Such 25 written notice must be received by the Chief of Police no more than 15 calendar days after 26 the date on which the Police Liaison Officer is notified of his/her nomination. Failure to 27 comply with the notification requirement shall automatically nullify the nomination and the 28 Police Liaison Officer's name shall be removed from the eligible list and he/she shall not be 106 1 eligible to be promoted from that list. 2 17. Except as specifically provided otherwise herein, all costs associated with a Police Liaison 3 Officer shall be borne by the Association and under no circumstances shall the City be 4 required to reimburse the Association for said costs. 5 18. The Association agrees that in the event of litigation against the City, its agents or 6 employees, arising out of the Contract Administration Provision, the Association will co- 7 defend and indemnify and hold harmless the City, its agents or employees for any monetary 8 award and all costs levied by a court as a result of such litigation, including attorney fees. 9 Notwithstanding any provision of this Agreement, the City shall not be required to negotiate 10 a replacement for the Contract Administration provision, or part of it, in the event the 11 provision is modified by operation of law or by any tribunal of competent jurisdiction if 12 compliance with or enforcement of this provision, or a part of this provision, should be 13 restrained by such tribunal. 14 19. The President of the Association and the City Clerk shall meet at least every three months to 15 discuss and resolve any concerns the City Clerk may have regarding the administration of 16 this Article. 17 ARTICLE 50 18 BARGAINING UNIT INFORMATION 19 1. On a quarterly basis, the City will provide the Association with the name, rank, payroll 20 number district or bureau assignment, and home address of all employees the Association is 21 authorized to represent by virtue of this Agreement and will keep such information current. 22 2. The City will provide the Association with the following information (except as noted 23 otherwise, the information to be provided shall be limited to information that is current and 24 prospective as of such execution date): 25 a. Police Department Bi-Weekly Roster List 26 The Roster List information provided will only cover employees represented by the 27 Association and will be provided in two formats: (1) payroll number sequence and 107 1 (2) alphabetic sequence. The information provided will consist of the following data 2 fields: payroll number, name, home address, biweekly pay rate, badge number, 3 appointment date, maximum pay step attainment year, assignment code and title 4 code. At its sole discretion, the Department may, from time to time, supplement 5 these data fields that may be available; in such cases, the Association will be advised 6 of this fact and will be provided with appropriate explanatory material describing the 7 additional data fields. Roster list data will be provided to the Association on a bi- 8 weekly basis with a bi-weekly list of payroll changes (additions and deletions) for 9 Association represented employees. 10 The City payroll system is converting from a payroll number basis to a social 11 security number basis. Accordingly, the roster list data provided to the Association 12 will include payroll number data field and sequence format only for so long as this 13 information is readily available on the payroll system. Thereafter, the social security 14 number data field and sequence format shall supplant the payroll number data. 15 b. Police Department Personnel Status Report 16 The Personnel Status report data provided to the Association will cover only 17 Association-represented employees. This information will consist of the year-to-date 18 totals for the last pay period of the fiscal year (usually Pay Period 26). 19 Association will be provided with Personnel Status Report data at the end of each 20 subsequent fiscal year, when such data is available on the report. 21 c. The Annual Vacation Seniority List 22 The Association will be provided with one copy of the annual Vacation Seniority 23 List as soon as is administratively practicable following its publication in January or 24 February of each calendar year. 25 d. Health-Dental Insurance Data 26 In February and August of each calendar year, Employee Benefits Administration 27 will generate a report for the Association containing a count of the Association- 28 represented employees in active service at that time that are enrolled in each health 108 1 and dental insurance carrier offered these employees by the City. This report shall 2 indicate single or family enrollment status and shall include a summary of the counts 3 in each plan by single/family enrollment status. 4 e. Worker Compensation Reports 5 The Association shall be provided the EB-49 short form (no attachments) generated 6 by the Employee Benefits Administration for each lost-time injury of an Association- 7 represented employee. These forms shall be provided as soon as administratively 8 practicable following the occurrence of the injury which gave rise to the EB-49 being 9 generated. 10 f. The Association shall be supplied with a seniority roster for each classification 11 within the Association. Thereafter, the roster shall be supplied during the last pay 12 period of each calendar year. 13 g. 14 Each pay period the Police Department shall provide a copy of the "Overtime By Location" report to the Association. 15 The foregoing information will be made available to the Association at a designated mail 16 drop established for this purpose by the Police Department and located in the Personnel 17 Section (Room 705A Police Administration Building). Access to the mail drop will be 18 limited to authorized Association representatives between the hours of 8:00 a.m. and 4:00 19 p.m., Monday through Friday, excepting holidays. 20 3. The Police Department shall provide a copy of the "LISTING OF TIME OWED AND 21 ALLOWED" for the Milwaukee Police Department to the Association. Such report shall be 22 sent to the Association with the same frequency as it is sent to work locations. 23 4. 24 Administration and control of the provisions of this Article shall be under the City Labor Negotiator. 25 ARTICLE 51 26 UNPAID LEAVE OF ABSENCE FOR ASSOCIATION BUSINESS 27 1. The City will permit a member of the Association to take an unpaid leave of absence for a 109 1 period of one year for service with a labor organization with which it maintains a contractual 2 relationship. 3 2. Such unpaid leave of absence may be renewable for an additional year and the sole 4 obligation of the City shall be to restore the individual on leave of absence to the first open 5 position in the title the individual held provided that the individual can meet the 6 requirements of this position and that there are no employees on layoff with greater seniority 7 at the time the individual makes his requests for reinstatement. 8 3. No benefits shall accrue to the individual during the term of such unpaid leave of absence. 9 4. The Association Executive Board, through their President or his designee, shall notify the 10 City Labor Negotiator in writing at least 14 calendar days prior to the effective 11 commencement date of the leave. Employees making application for return from leave of 12 absence shall notify the City Labor Negotiator in writing at least 14 calendar days prior to 13 the date they are requesting return to duty. Such leave shall be granted subject to the 14 employee complying with all Departmental rules and procedures regarding leaves of 15 absence and return to duty. 16 ARTICLE 52 17 UNPAID MATERNITY 18 1. 19 20 Female Maternity/Childrearing Leave a. Unpaid Maternity Leave (1) Length of Leave 21 Maternity leave shall be granted solely for the purposes of a medical disability 22 associated with pregnancy. A female employee shall be entitled to an unpaid 23 maternity leave of absence beginning on the date her attending physician 24 determines she is no longer fit for duty on account of medical reasons 25 associated with her pregnancy and ending no later than 135 consecutive 26 calendar days following the date of delivery resulting from such pregnancy. 27 (2) Notification Requirements 110 1 Maternity leave shall be granted an employee effective upon her attending 2 physician attesting in writing to the employee's lack of fitness for duty on 3 account of medical reasons associated with her pregnancy. Within seven (7) 4 consecutive calendar days following the date of her delivery, the employee 5 shall provide written notice to the Department Administration indicating 6 thereon the date of delivery. No later than 45 consecutive calendar days 7 following that date, the employee shall see to it that her attending physician 8 provides the Department Administration with a written statement indicating the 9 status of the employee's fitness for return to duty. 10 (3) Extension of Maternity Leave 11 At his/her discretion, the employee's attending physician may extend the term 12 of maternity leave beyond the 135-day post-delivery maximum, described 13 above, for medical reasons associated with such pregnancy until such time as 14 he/she determines that the employee is fit for return to duty. In this event the 15 attending physician shall submit the reasons for such extension, and its 16 expected duration, in writing to the Department Administration prior to the 17 date on which such 135-day post-delivery maximum occurs. 18 (4) Fitness for Duty 19 When the employee's attending physician determines that she is fit for return to 20 duty, the employee shall see to it that her attending physician provides the 21 Department Administration with a written statement, within 48 hours of such 22 determination, indicating the date on which the employee is fit for return to 23 duty. This requirement shall apply regardless of whether the determination 24 occurs prior to the 135-day post-delivery maximum or during an authorized 25 extension therefrom; if the determination is made prior to the 135-day 26 maximum, the employee shall be permitted to continue her maternity leave 27 until the date on which the 135-day maximum is reached. 28 b. Unpaid Childrearing Leave 111 1 When requested, a female employee shall be entitled to an unpaid childrearing leave 2 of absence of not more than 130 consecutive calendar days, beginning on the date 3 her maternity leave ends. Such leave shall be granted solely for the purpose of 4 childrearing. 5 c. The leave provided by subsections 1.a. and 1.b. of this Article, above, shall be 6 without pay except that the employee may use her accumulated sick leave during the 7 maternity portion of such leave so long as her attending physician determines that 8 she is unfit for duty on account of medical reasons associated with her pregnancy. 9 An employee may use the accumulated vacation, holiday time or compensatory time 10 off, to which she is entitled to receive under the VACATION, HOLIDAY and 11 OVERTIME Articles of this Agreement during such leave. Except when maternity 12 leave is extended for medical reasons, as hereinbefore provided, the unpaid portion 13 of such leaves, together with the paid portion, shall not exceed the time limits 14 provided for in subsections 1.a. and 1.b., above. Under no circumstances shall an 15 employee be entitled to the benefits provided under the SICK LEAVE and INJURY 16 PAY Articles of this Agreement during a period of a childrearing leave nor shall she 17 be entitled to the benefits under such INJURY PAY Article during a period of a 18 maternity leave. 19 d. A female employee making application for maternity or childrearing leave shall 20 provide the Police Department Administration with written advance notice, in a 21 manner prescribed by the Administration, and indicate thereon the expected starting 22 date for such leave, the approximate date of delivery and anticipated return to duty. 23 24 2. Male Childrearing Leave a. When requested, a male employee shall be entitled to an unpaid childrearing leave of 25 absence for up to 130 consecutive calendar days beginning on the date the 26 employee's spouse gave birth to a child. Such leave shall be granted solely for the 27 purpose of childrearing. 28 b. Such leave shall be without pay except that the employee may use the accumulated 112 1 vacation, holiday time and compensatory time off to which he is entitled to receive 2 under the VACATION, HOLIDAY and OVERTIME Articles of this Agreement 3 during such leave. The unpaid portion of such leave together with the paid portion 4 shall not exceed 130 consecutive calendar days. Under no circumstances shall an 5 employee be entitled to receive the benefits provided under the SICK LEAVE and 6 INJURY PAY Articles of this Agreement during a period of a childrearing leave. 7 c. A male employee making application for a childrearing leave shall provide the 8 Police Department Administration with written advance notice, in a manner 9 prescribed by the Administration, and indicate thereon the starting date of such 10 11 12 childrearing leave and the anticipated date such leave will end. 3. Unpaid Childrearing Leaves of Absence Involving Adopted Children a. When requested, an employee shall be granted an unpaid special childrearing leave 13 of up to 130 consecutive calendar days in the event such employee legally adopts a 14 child under age five and the terms of the adoption require the presence of one 15 adoptive parent with the child. 16 documentation of such adoption to the Police Department Administration. Such 17 leave shall begin on the effective date of placement of the adopted child in the 18 employee's home. 19 b. The employee shall be required to provide Such leave shall be without pay except that the employee may use the accumulated 20 vacation, holiday time and compensatory time off to which he/she is entitled to 21 receive under the VACATION, HOLIDAY and OVERTIME Articles of this 22 Agreement during such leave. The unpaid portion of such leave, together with the 23 paid portion, shall not exceed 130 consecutive calendar days. 24 circumstances shall an employee be entitled to receive the benefits provided under 25 the SICK LEAVE and INJURY PAY Articles of this Agreement during a period of a 26 special childrearing leave. 27 28 c. Under no An employee making application for a special childrearing leave for adoption purposes shall provide the Police Department Administration with written advance 113 1 notice, in a manner prescribed by the Administration and indicate thereon the starting 2 date of such special childrearing leave and the anticipated date such leave will end. 3 4 4. Reinstatement a. Unpaid Leave of Absence Less Than 90 Days 5 An employee requesting a return to duty from an authorized leave of absence 6 provided hereunder that is of less than 90 consecutive calendar days in duration shall 7 submit such request in writing to the Police Department Administration sufficiently 8 in advance of the date on which return to duty is requested to allow for either normal 9 processing of payroll records prior to reinstatement to duty from an unpaid leave 10 status (maternity leave) or, for this processing and the Departmental medical 11 examination required in subsection 4.c. of this Article, below, (childrearing leave). 12 An employee meeting the requirements of subsection 4.c. shall be reinstated to the 13 position classification he/she occupied immediately prior to such leave as of the date 14 he/she requested return to duty. 15 b. Unpaid Leave of Absence Equal to Or Greater Than 90 Days 16 An employee requesting a return to duty from an authorized leave of absence 17 provided hereunder that is of 90 consecutive calendar days in duration or longer shall 18 submit such request in writing to the Police Department Administration sufficiently 19 in advance of the date on which return to duty is requested to allow for either normal 20 processing of payroll records prior to reinstatement to duty from an unpaid leave 21 status (maternity leave) or, for this processing and the Departmental medical 22 examination required in subsection 4.c. of this Article, below. An employee meeting 23 the requirements of subsection 4.c., below, shall be reinstated to the position 24 classification he/she occupied immediately prior to such leave as follows: 25 (1) If a vacancy exists in such position classification on the date such employee 26 requests return to duty, then the employee's reinstatement shall be effective on 27 that date. 28 (2) If no vacancy exists in such position classification on the date such employee 114 1 requests return to duty, then the employee's reinstatement shall be effective on 2 the first date following the requested date that such vacancy occurs. 3 c. Departmental Medical Certification Requirement 4 Prior to his/her return to duty from an authorized childrearing leave provided 5 hereunder the employee shall be required to provide medical certification from their 6 personal physician establishing the employee's fitness for return to duty. Fitness for 7 return to duty requirements from unpaid maternity leave status shall be as provided 8 for in subsection 1.a.(4). 9 5. 10 Administration a. During his/her probationary period an employee in the Police Officer job 11 classification shall not be eligible for the child-rearing benefits provided herein. This 12 requirement shall not apply to the maternity portion of the leave provided by 13 subsection l.a. of this Article, above. 14 b. Off-duty employment for an individual during a leave of absence provided hereunder 15 shall be governed by the provisions of the OFF-DUTY EMPLOYMENT Article of 16 this Agreement; the terms and conditions under which such off-duty employment is 17 permitted shall be the same as those applicable to employees in active service. 18 c. 19 No benefits, including salary step increments, shall accrue to the individual during the unpaid portion of such leave. 20 d. An employee who has been reinstated to duty from an unpaid childrearing leave 21 granted for the birth, or adoption, of his/her child shall not be permitted an additional 22 period of unpaid childrearing leave for that child. 23 ARTICLE 53 24 OFF-DUTY EMPLOYMENT 25 1. Except as otherwise herein provided, employees covered by this Agreement shall devote 26 their whole time and attention to the service of the Police Department and they are expressly 27 prohibited from engaging in any other business or occupation. Employees covered by this 115 1 Agreement shall be permitted to work up to thirty-two (32) hours maximum biweekly (but 2 no more than 20 in any one calendar week) on a non-cumulative basis in another business or 3 occupation provided that such employment is approved by the Chief of Police; and provided 4 further that such employment does not occur while the employees are on sick leave or duty- 5 incurred injury leave or during a period of an existing emergency; and provided further that 6 such employment does not interfere with the rights of the Chief of Police to schedule or 7 assign overtime. During non-segmented vacation periods, employees shall be permitted to 8 work up to forty (40) hours maximum per week in another business or occupation, subject to 9 the provisions of this subsection. 10 2. 11 12 The Chief of Police shall have the right to establish Rules and Regulations to administer and control the off-duty employment benefits provided in Subsection 1 of this Article. 3. For information purposes only, once per calendar year, the Department shall provide the 13 Association with a list of jobs that were approved in the previous calendar year pursuant to 14 this Article. 15 ARTICLE 54 16 DUTY ASSIGNMENT 17 An employee shall, upon appointment and after taking and subscribing his or her oath of 18 office, be assigned to night duty in a police district designated by the Chief of Police. 19 Employees shall be assigned to day duty according to seniority in their respective ranks and 20 positions. A day duty assignment is any assignment that begins after 5:00 am and prior to 11:00 21 am. A night duty assignment is any assignment that begins no earlier than 11:00 am and no later 22 than 12:00 am. Temporary exceptions to such shift assignments may be made in accordance 23 with existing Departmental practices. 24 ARTICLE 55 25 POLITICAL LEAVES OF ABSENCE 26 1. Subject to the provisions of 5 United States Code sections 1501-08, as amended, if and when 116 1 an employee chooses to run for political office, he or she shall notify the Chief of Police of 2 his or her intention and, if there is a contest, may file a request for a leave of absence: 3 a. Any such request for leave of absence shall be granted and shall take effect no later 4 than the date on which the nomination papers are filed for the political office in 5 question. 6 b. While engaged in political activity, the person, i.e., candidate, shall not communicate 7 with any person who is serving in the Milwaukee Police Department who is 8 subordinate to that person for any political purpose whatsoever. 9 c. 10 political support of any subordinate. 11 12 It shall be improper for such persons to require or request the political service or d. 2. 13 Such person shall not use the influence of his/her office for political purposes. The requirement that an employee file for a leave of absence after deciding to run for political office shall not apply if the political office is a non-partisan, part-time position. 14 ARTICLE 56 15 COPIES OF MEMOS AND ORDERS 16 1. The Chief of Police will provide the Milwaukee Police Association with a copy of all 17 Departmental memos and orders issued on or after January 1, 1985, affecting wages, hours 18 and conditions of employment that do not pertain to confidential police matters. Insofar as 19 is administratively practicable, any such memos and orders will be available for pickup by 20 the MPA at the Police Department Personnel Bureau immediately following their issue; any 21 such memos and orders not picked up will be mailed to the MPA on the Friday following 22 their issue. 23 2. In addition to the memos and orders provided to the Association under subsection 1, above, 24 the Association shall be provided copies of the Rules and Regulations and copies of Job 25 Descriptions and Position Responsibilities for job classifications listed in Article 2, 26 Recognition. Current copies of the items listed in this subsection will be provided to the 27 Association. As they occur, updatings of these items shall be made available to the 117 1 Association under the same terms and conditions set forth in subsection 1, above. 2 ARTICLE 57 3 JOINT LABOR/MANAGEMENT COMMITTEES 4 1. Effective September 1, 1987, a joint labor/management committee shall be established to 5 discuss matters relating to uniforms, equipment and safety. These discussions shall include, 6 but not be limited to: body armor replacement, body armor vendor (effective May 26, 1989), 7 full sized cars, air bags, protective gloves, masks for CPR and larger squad car fire 8 extinguisher. The committee shall consist of two (2) representatives designated by the Chief 9 of Police, two (2) representatives designated by the Association and a mutually agreed upon 10 facilitator, hired for the purpose of working with committee members to resolve issues under 11 discussion. The facilitator will be funded through the Division of Labor Relation's budget. 12 2. Effective May 26, 1989, a new Joint Labor-Management Committee shall be established. 13 The committee shall discuss under filling and shall consist of two representatives designated 14 by the Chief of Police and two representatives designated by the MPA. 15 3. Effective the month next following the execution date of this Agreement, a joint 16 labor/management committee shall be established to discuss the status of the Appendices to 17 the successor agreement to the 1998-2000 City/MPA Agreement. The committee shall 18 consist of two (2) representatives designated by the Chief of Police and two (2) 19 representatives designated by the MPA. 20 4. Effective the month next following the execution date of this Agreement, a joint 21 labor/management committee shall be established to discuss long term disability, health and 22 dental benefits as well as cost containment measures. Effective at the execution of this 23 Agreement this committee shall include discussions regarding HMO coverage for retirees 24 living outside HMO coverage zones. The committee shall consist of two representatives 25 designated by the Association and two representatives designated by the City. 26 27 5 Effective the month following the execution date of the 2004-2006 Agreement, a joint labor management committee shall be established to discuss the Early Intervention Program. The 118 1 committee shall consist of two representatives designated by the Association and two 2 representatives designated by the Chief of Police. 3 6. The committees' recommendations, if any, shall be by consensus and shall be made to the 4 City Labor Negotiator. Such recommendations shall be advisory only and shall not be 5 binding on the parties. 6 ARTICLE 58 7 LEGAL EXPENSES LIABILITY 8 1. When the City receives a claim for payment in accordance with and that meets the 9 requirements of Wis. Stat. § 895.35(2) made by or on behalf of an employee represented by 10 the Association, the City will request that such claim be placed on a Common Council 11 Committee agenda within one hundred and eighty (180) days following receipt of the claim. 12 However, the parties understand that such request may not be made within 180 days if there 13 are processing delays caused by the employee or by the employee’s legal counsel. 14 2. When the City receives a claim for payment in accordance with Wis. Stat. § 895.35(1) made 15 by or on behalf of an employee represented by the Association, the City will request that 16 such claim be placed on a Common Council Committee agenda within one hundred and 17 eighty (180) days following receipt of the claim. However, the parties understand that such 18 request may not be made within 180 days if there are processing delays caused by the 19 employee or by the employee’s legal counsel. 20 3. The parties agree that the arbitrator or permanent umpire’s authority with respect to this 21 Article shall be limited to whether or not the City requested that a claim be placed on a 22 Common Council Committee agenda within the time periods described in subsections 1 or 23 two, herein. 24 25 4. This Article is effective for all new claims received after the execution date of the Agreement. 119 1 ARTICLE 59 2 AID TO CONSTRUCTION OF PROVISIONS OF AGREEMENT 3 1. It is intended by the parties hereto that the provisions of this Agreement shall be in harmony 4 with the duties, obligations and responsibilities which by law are delegated to the Common 5 Council, the Fire and Police Commission and the Chief of Police and these provisions shall 6 be interpreted and applied in such manner as to preclude a construction thereof which will 7 result in an unlawful delegation of powers unilaterally delegated to them. 8 2. The City shall administer and control the Articles and provisions of this Agreement. 9 3. The parties hereto recognize that those rules and regulations established and enforced by the 10 Fire and Police Commission and/or the Chief of Police, which affect the wages, hours, and 11 working conditions of the police officers included in the collective bargaining unit covered 12 by this Agreement are subject to the collective bargaining process pursuant to Section 13 111.70, Wisconsin Statutes. 14 4. The provisions of this Agreement are binding upon the parties for the term thereof. The 15 Association having had an opportunity to raise all matters in connection with the 16 negotiations and proceedings resulting in this Agreement is precluded from initiating any 17 further negotiations for the term thereof relative to matters under the control of the Common 18 Council, the Chief of Police or the Board of Fire and Police Commissioners, including rules 19 and regulations established by the Board of Fire and Police Commissioners and the Chief of 20 Police. 21 5. During the term of this Agreement prior to the establishment of new rules or regulations, or 22 changes in existing rules or regulations that do not fall within the City's unfettered 23 management functions, the Association shall be afforded the opportunity to negotiate with 24 the Chief of Police as follows: 25 Whenever the Chief of Police proposes to establish a new rule, or make a change in 26 an existing rule, if such proposal in its operation will affect wages, hours or 27 conditions of employment of members of the bargaining unit represented by the 120 1 Milwaukee Police Association, hereinafter referred to as "Association," he or she 2 shall present his or her written proposal to the President of the Association. At a 3 mutually agreed to time, not more than 30 days following such presentment, the 4 Chief of Police shall meet in good faith with the representatives of the Association 5 with the intent to reach an agreement consistent with the Chief of Police's powers, 6 duties, functions, and responsibilities under law. If no agreement is reached between 7 the Chief of Police and the Association within 30 days of such initial meeting, the 8 Chief of Police may establish the proposed new rule or the proposed change in an 9 existing rule unilaterally, subject to the prior approval to the Board of the Fire and 10 Police Commissioners. In case of emergency, the emergency to be determined by 11 the Chief of Police, the Chief shall have the right to establish or modify a rule or 12 rules unilaterally and such rule or rules shall become effective immediately. The 13 Chief shall immediately inform the Board of Fire and Police Commissioners, in 14 writing, of the rule change and the reason therefore and said rule shall remain 15 effective until the next meeting of the Board. 16 6. Any rules or regulations of the Milwaukee Police Department affecting wages, hours, or 17 conditions of employment promulgated by the Chief of Police after negotiation but without 18 agreement may be tested relative to whether they violate the specific provisions of this 19 Agreement as well as the propriety of their application in accordance with the provisions of 20 this Agreement pertaining to grievances and arbitration. 21 ARTICLE 60 22 NOTICES 23 1. 24 25 certified mail to the City Labor Negotiator. 2. 26 27 All notices required to be sent by the Association to the City shall be sent in writing by All notices required to be sent by the City to the Association shall be sent in writing by certified mail to the offices of the Association. 3. Subject to their mutual consent, the City and Association may waive the certified mail 121 1 2 requirements provided above where they deem it appropriate. 4. If either party to this Agreement intends to file an action against the other party with the 3 WERC, it shall provide the other party with a copy of the documents filed with the WERC 4 in the matter at the same time it serves notice of its action pursuant to applicable legal 5 requirements. If the action is filed by the Association, such copy shall be provided to the 6 City Labor Negotiator; if it is filed by the City, such copy shall be provided to the president 7 of the Association. 8 ARTICLE 61 9 10 ASSIGNMENTS MADE CONSISTENT WITH EMPLOYEE'S MEDICAL CAPABILITIES 11 1. If an employee is ineligible for the disability benefits provided by the ERS Act, or by 12 Chapter 35 of the Milwaukee City Charter, in accordance with the terms and conditions 13 established thereunder for that purpose and if the employee is ineligible to receive the sick 14 leave or injury pay benefits provided by this Agreement for reasons other than that the 15 benefits have been exhausted, the Chief of Police shall assign the employee to perform 16 duties structured consistent with the employee's medical capabilities within the Police 17 Department that have historically been performed by members of the Association bargaining 18 unit (including, but not limited to, temporary or permanent assignments to the 19 Communications Division, Criminal Investigation Bureau or Property Control Division). 20 2. In the event of a dispute over such assignment made by the Chief of Police, the employee 21 shall have the right to grieve and the right to arbitrate under the Grievance and Arbitration 22 Procedure provisions of this Agreement except that instead of being appealable to an 23 arbitrator or permanent umpire, the dispute shall be appealable to a panel consisting of the 24 three physicians, one physician to be designated by the Association, one physician to be 25 designated by the Chief of Police and the third physician to be selected by agreement of the 26 other two physicians. The panel's jurisdiction shall be limited to deciding the medical 27 appropriateness of the Chief's assignment. Decisions made by the panel on matters which 122 1 are properly before it shall be by majority action and shall be final and binding on the 2 parties. All other provisions of the Grievance and Arbitration Procedure shall remain 3 unchanged and in full force and effect. 4 3. The provisions of this Article shall only cover assignments made by the Chief of Police. 5 ARTICLE 62 6 7 PARKING ALLOWANCE BENEFITS FOR POLICE ADMINISTRATION BUILDING EMPLOYEES 8 1. An employee with a regular Departmental assignment that requires him/her to work at or 9 report to a Police Administration Building (PAB) work location at the start of his/her regular 10 work shift as of the 15th day of a calendar month shall be eligible for a Regular Parking 11 Allowance benefit for that calendar month; such an employee shall be termed an "eligible 12 employee." The City shall reimburse an eligible employee the basic/general parking rate in 13 affect at the time of reimbursement.2. The City shall provide the Association with a list of 14 City-approved parking facilities and will notify the Association of any change that the City 15 may from time to time make in this list at least sixty (60) calendar days prior to the effective 16 date of such change. Eligible employees shall be entitled to receive either a Regular Parking 17 Allowance benefit under the terms and conditions hereinafter provided: 18 a. Regular Parking Allowance Benefit 19 In order to receive a Regular Parking Allowance benefit for a calendar month, an 20 eligible employee must purchase a monthly parking permit for that month from a 21 parking facility on the City-approved list, endorse the permit (or permit stub/receipt 22 deemed acceptable to the Department, whenever the employee must retain the permit 23 in order to receive parking benefits) by indicating his/her signature and payroll 24 number on the portion of his/her monthly parking permit he/she receives from the 25 vendor and submit the endorsed permit (or acceptable permit stub/receipt) to the 26 Police Department Administration no later than the 15th day of the calendar month 27 covered by the monthly permit (i.e., the 15th of April for the month of April). 123 1 Following the Department's receipt of the endorsed permit (or acceptable permit 2 stub/receipt), the employee shall be entitled to receive reimbursement of the current 3 parking rate at the time of reimbursement. 4 Payments provided hereunder shall be made as soon as administratively practicable after the 5 close of the calendar month covered by the permit. Except as provided in subsection 3, 6 below, only approved parking facilities' monthly parking permits that are properly endorsed 7 shall be covered by the benefits provided herein. 8 3. The Association recognizes that there are a limited number of parking spaces available at 9 City approved parking facilities; accordingly, monthly parking permits for these spaces will 10 be sold to eligible employees on a first-come, first-served basis, subject to their availability. 11 During a calendar month when no monthly parking permit at any City-approved parking 12 facility(ies) is(are) available because the vendor(s) has(have) determined that no space is 13 available, the City will honor monthly parking permit receipts from parking facilities not on 14 the City-approved list that are within the geographic area bounded by Michigan Avenue on 15 the south, North 12th Street on the west, West Juneau Avenue on the north and North Van 16 Buren Street on the east. 17 signature and payroll number on the monthly parking permit receipt and shall submit the 18 endorsed parking permit receipt to the Police Department Administration no later than the 19 15th day of the calendar month covered by the monthly permit (i.e., the 15th of April for the 20 month of April). 21 Department Administration, the employee shall be entitled to receive a monthly parking 22 benefit for the month covered by the parking permit under the same terms and conditions 23 provided in paragraph 2, above. 24 4. The employee shall endorse the receipt by indicating his/her Following submission of the parking permit receipt to the Police Daily Parking Receipts 25 During a calendar month when no monthly parking permit is available to an employee under 26 the provisions of either paragraph 2 or 3, hereof, because no space is available, the City will 27 honor daily parking receipts from parking facilities within the geographic area described in 28 paragraph 3, hereof, subject to the employee submitting a form prescribed by the 124 1 Department to the Police Department Administration within five consecutive calendar days 2 following the close of the calendar month. 3 information: 4 a. The employee's name, signature, and payroll number; 5 b. A listing of each individual daily parking receipt for the calendar month indicating The form shall contain the following 6 the date and amount arranged in date order with a total amount ("total amount") for 7 the calendar month plainly indicated; and 8 c. 9 Following submission of the prescribed Departmental form to the Police Department 10 Administration, the employee shall be entitled to receive a monthly parking benefit for the 11 calendar month covered by the daily parking receipts. Such benefit shall be in lieu of the 12 monthly parking benefits provided under paragraphs 2 and 3. 13 5. All of the daily receipts for the calendar month stapled to the back of the form. No employee shall be eligible for the parking benefits provided by the Parking during Court 14 Overtime Appearance paragraph of this Agreement for a calendar month for which he/she 15 receives benefits hereunder. 16 6. The benefits provided hereunder are intended to be used by an employee only for the 17 purpose of commuting to and from his/her Departmental work location in connection with 18 his/her City employment. The use of a parking permit by an employee for any other purpose 19 during a calendar month shall disqualify the employee from the benefits provided hereunder 20 for that calendar month. 21 7. Payments made under the provisions of this Article shall not be construed as being part of 22 employees' base pay and shall not be included in the computation of any fringe benefits 23 enumerated in this Agreement. Any payment made under the provisions of this Article shall 24 not have any sum deducted for pension benefits nor shall such payments be included in any 25 computation establishing pension benefits or payments. 26 8. The City shall be held harmless against any and all claims, actions and lawsuits relating to 27 theft or personal property damage brought against the City by employees using parking 28 facilities pursuant to the parking allowance benefits provided herein. The City shall be held 125 1 harmless against any and all claims, lawsuits, actions, damages and judgments due to the 2 employee's operation of his or her private vehicle at parking facilities which are subject to 3 the parking allowance benefits provided herein. Nothing herein would operate to relieve the 4 City of any liability it may have arising from its actions or omissions or preclude the 5 employee from pursuing any rights or claims he/she may have under Wisconsin State Statute 6 895.46. 7 ARTICLE 63 8 DRUG TESTING 9 MILWAUKEE POLICE DEPARTMENT DRUG TESTING POLICY STATEMENT 10 The Milwaukee Police Department is charged with enforcing all laws and ordinances and 11 with maintaining a safe and peaceful community. The pervasive risk of harm caused by 12 drug trafficking and illegal drug use by members of the Police Department creates a clear 13 and present danger to the safety of the public and fellow law enforcement officers. The 14 illegal use of drugs cannot and will not be tolerated within the Milwaukee Police 15 Department. The law enforcement profession has several uniquely compelling interests that 16 justify the use of employee drug testing. The public has the right to expect that those who 17 are sworn to protect them are at all times both physically and mentally prepared to assume 18 these duties. There is sufficient evidence to conclude that the use of controlled substances 19 and other forms of drug abuse can seriously impair an employee's physical and mental 20 health, and thus, job performance. Where law enforcement officers participate in illegal 21 drug use and drug activity, the integrity of the law enforcement profession and public 22 confidence in that integrity is destroyed. This confidence is further eroded by the potential 23 for corruption created by drug use. 24 Therefore, in order to ensure the integrity of the Milwaukee Police Department and to 25 preserve public trust and confidence in a fit and drug free law enforcement profession, the 26 Department shall implement an expanded drug testing program to detect illegal drug use by 27 sworn employees. Officers of all ranks will be randomly tested in such numbers as to ensure 126 1 that a credible deterrent exists to illegal drug use. 2 MILWAUKEE POLICE DEPARTMENT DRUG TESTING PROGRAM 3 (Provisions applicable to MPA-represented Department Members) 4 5 I. DRUG TESTING PROGRAM DESCRIPTION A. The term "Department" as used herein shall mean the Milwaukee Police Department. 6 The term "member" shall mean a Department employee in the WERC - certified 7 Department bargaining unit represented by the MPA. 8 9 B. Members shall be subject to drug testing under the following circumstances: 1. Where facts or circumstances are sufficient to constitute reasonable suspicion 10 that a Department member is illegally using drugs. 11 NOTE 12 appears reliable is known to the police supervisor and is of such weight and 13 persuasiveness as to make the supervisor, based upon/his/her personal 14 judgment and experience, reasonably suspect that member of the department is 15 illegally using drugs. A reasonable suspicion that a member is illegally using 16 drugs must be supported by specific articulable facts from which rational 17 inference may be drawn. Reasonable suspicion cannot be based upon mere 18 "hunch" or solely upon poor work performance. If suspicion of drug use is 19 based upon observation of the suspected member's physical appearance, at 20 least two (2) supervisors must make observations. 21 2. 22 23 Reasonable Suspicion exists when evidence or information which Whenever a member is directly involved in an incident that results in death, or great bodily harm as defined by State Statute. 3. Whenever a member is on probation, the member shall be tested prior to 24 completion of the member's probation period. Completion of the member's 25 probation period shall be contingent upon passing the drug test. 26 4. Whenever a member is eligible for promotion (including reclassifications), the 27 member shall be tested prior to promotion. Promotion shall be contingent 28 upon passing the drug test. 127 1 5. Whenever a member is returning from a leave of absence that exceeds 90 2 consecutive calendar days in duration. Reinstatement to the Department from 3 the leave of absence shall be contingent upon passing the drug test. 4 5 6. Random Drug Testing a. Periodically a list of Department members selected for drug testing shall 6 be generated by an independent secure random selection process. The 7 frequency of random testing, and sampling rate, shall be as prescribed 8 from time to time by the Chief of Police. The independent agency 9 providing the random selection process shall be prescribed by the Chief. 10 Such independent agency shall be provided with a list of all Department 11 members covered by random drug testing encoded so that only the Chief 12 of Police and the Commanding Officer of the Professional Performance 13 Division know the identity of the Department members. 14 b. The Chief may increase the frequency of random testing, and sampling 15 rate over and above the frequency of random testing and sampling rate 16 he prescribes from time to time under paragraph 6.a., hereof, for 17 members assigned to the following Department Units: Vice Control 18 Division, Tactical Enforcement Unit, Property Control Section (only 19 those persons directly involved in the custody and handling of illegal 20 drugs), 21 Division. 22 modifications to any of these units, the function performed by a unit as it 23 is presently constituted, shall continue to be covered hereunder no matter 24 how such unit is constituted following a future reorganization. 25 c. Professional Performance Division and, the Intelligence If subsequent Departmental reorganization results in Members selected to be tested shall be notified by their Commanding 26 Officer, who shall give them a written order to report for testing. A copy 27 of such written order shall not be entered into a member's personnel file, 28 but shall be retained by the Department in a file kept at the Professional 128 1 Performance Division. 2 d. All members on paid leave who are selected for drug testing pursuant to 3 paragraphs 6.a. or 6.b., hereof, shall not be required to participate in such 4 test, except those members having the following status as of the notice of 5 selection: 6 (1) 7 Members on sick or injury leave who have received permission to leave the residence to further recuperation; 8 (2) 9 Members on compensatory time off authorized after the selection notice; or 10 (3) 11 Members on "suspended with pay" or "dismissed with pay pending appeal" status. 12 e. Members on regular off days shall not be subject to random drug testing. 13 f. Any member selected for testing who claims inability to participate due 14 to medical reason shall be examined by a physician designated by the 15 Chief. The physician shall determine if such member may be excused 16 from the test. If such member is excused from a scheduled test, he/she 17 shall be rescheduled for testing as soon as possible, irrespective of any 18 random sampling selection. 19 7. Members having sensitive assignments, referenced in paragraph 6.b., hereof, 20 shall be subject to drug testing upon entering and leaving these assignments, as 21 well as on an annual basis while serving in such assignments. 22 C. Refusal to submit to a drug test shall result in immediate suspension and discipline 23 up to and including dismissal from the Department. Attempts to alter or substitute a 24 test sample provided by the member being tested shall be deemed a refusal to submit 25 to a drug test. When the member appears unable to give a specimen at the time of 26 the test, testing personnel shall document the circumstances on the drug-test report 27 form. The member shall be permitted no more than three (3) hours to give a sample, 28 during which time he/she shall remain in the testing area, under observation. 129 1 Reasonable amounts of water may be given to the employee to encourage urination. 2 Failure to submit a sample shall be considered a refusal to submit a drug test. 3 4 D. Testing Procedure 1. The current testing procedure shall be continued. This procedure is currently 5 administered by Aurora Consolidated Laboratories. 6 prohibit the Chief of Police from changing the provider of this procedure, so 7 long as the new provider is DHHS-certified and performs the procedure 8 pursuant to DHSS standards. 9 10 11 12 2. Substances to be tested for include: Amphetamines Canabinoids Cocaine Nothing herein shall Opiates Phencyclidine (PCP) 13 Nothing herein shall prohibit the Chief of Police from amending this list of 14 substances, so long as the added substance is one for which DHHS has adopted 15 a quantitative standard for a positive test finding for the substance; the 16 Department will notify the MPA of amendments to this list of substances. 17 3. Split Samples 18 At the collection site, the technician shall either collect the specimen in two 19 containers or shall collect the specimen in one container and shall then split the 20 specimen into two containers. One sample (the primary sample) shall be tested 21 by the City-designated testing laboratory. The other sample (the split sample) 22 shall be stored by the testing laboratory should a verified confirmed positive 23 result from the test of the first sample. 24 If a verified, confirmed positive result is obtained from the test of the primary 25 sample, the member shall be informed that he/she has 72 hours to notify the 26 Medical Review Officer (MRO) that he/she wishes to challenge the test result 27 by means of independent testing of the split sample. The member must so 28 notify the MRO in writing within 72 hours of the member's being notified that 29 his/her test was verified confirmed positive for the presence of a drug. Upon 130 1 such a challenge, the split sample retained by the testing laboratory for use by 2 the member shall be forwarded by the testing laboratory to a DHHS-certified 3 laboratory selected by the member from a list of four such laboratories 4 designated by the City. 5 All costs associated with the testing of the split sample shall be borne by 6 the member, provided however, if the test of the split sample does not indicate 7 a positive drug test result, then the Department shall reimburse such member 8 for the costs of testing the split sample. Testing of split samples shall be 9 conducted pursuant to the retesting provision described in the Federal 10 Guidelines. 11 4. All test results shall be reviewed and interpreted by a Medical Review Officer 12 (MRO) who shall be a licensed physician with knowledge of substance abuse 13 disorders, designated by the Chief. 14 medical explanations for any confirmed positive test result. This action may 15 include conducting a medical interview with the individual, review of the 16 individual's medical history, or review of any other relevant biomedical 17 factors. The MRO shall review all medical records made available by the 18 tested individual when a confirmed positive test could have resulted from 19 legally prescribed medication. The MRO shall forward the results of his/her 20 review to Chief of Police and/or Commanding Officer of the Professional 21 Performance Division. 22 The MRO shall examine alternative II. ACCESS TO TEST RESULTS 23 Confirmed positive drug test results verified by the MRO shall be made available only to the 24 following: 25 Chief of Police 26 Commanding Officer of the Professional Performance Division 27 28 III. ADMINISTRATION/DISCIPLINARY ACTION A. A member, who has been ordered to take and has taken, a drug test based on either 131 1 reasonable suspicion, or the requirements of paragraph I.B.2., hereof, shall not be 2 subject to disciplinary action until the test results are received by the Department. 3 During that period, however, the member may be required to surrender his/her 4 weapon, badge, I.D. card, cap shield, and callbox key, and may be suspended with 5 pay. This action shall be accomplished most discreetly and, whenever possible, 6 without advising other personnel of the reasons. 7 B. All discipline involving a member who has a confirmed positive test for illegal drug 8 use, verified by the MRO, shall be administered by the Chief; such discipline may 9 include dismissal from the Department. A challenge to a confirmed positive test 10 result by a member shall not affect or delay the effective date of discipline imposed 11 against the member pursuant to this section. The Department's position is that any 12 member proven to have illegally used drugs should be dismissed for such use, 13 subject only to the discretion of the Chief and review of the Fire and Police 14 Commission. 15 IV. EXCLUSION OF TEST RESULTS FROM CRIMINAL PROCEEDINGS 16 Drug test results obtained through the Milwaukee Police Department Drug Testing Program 17 may not be used as evidence against an officer in a criminal nor in a municipal ordinance 18 violation proceeding. 19 20 V. CONFIDENTIALITY A. Except as provided in paragraph V.B., below, there shall be no dissemination of an 21 individual member's drug test results (including documentation or information 22 contained therein) to the public. 23 B. The provisions of paragraph V.A., hereof, shall not apply to an individual member's 24 drug test results in the following circumstances: 25 (1) 26 27 28 Disciplinary hearings, or appeals therefrom, occasioned by such individual member's drug test results. (2) Non-disciplinary administrative hearings, or appeals therefrom, when such individual member's drug test results would be relevant to such 132 1 hearings/appeals. 2 ARTICLE 64 3 INTERPRETER/TRANSLATOR PAY 4 1. The Chief of Police retains the right to direct employees to perform interpreter/translator 5 duties consistent with employees' capabilities for such duties and the needs of the Police 6 Service. 7 2. An employee in active service and in a classification covered by this Agreement performing 8 authorized interpreter/translator duties as a result of: 9 a. Direction from the employee's commanding officer; or 10 b. The employee's response to a request for an interpreter/translator broadcast over the 11 MPD radio network (in the event more than one employee responds to such a 12 request, only those employees actually needed to perform interpreter/translator duties 13 shall be entitled to receive the Interpreter/Translator Pay) 14 shall be entitled to receive premium pay equal to $2.50 per hour in addition to his/her 15 base salary for each actual hour or nearest 0.1 of an hour spent performing such 16 interpreter/translator 17 "Interpreter/Translator Pay." Interpreter/Translator Pay shall always be compensated 18 at a flat rate of $2.50 per hour irrespective of whether the employee is in premium 19 pay status. An employee who is authorized to perform interpreter/translator duties 20 shall receive 21 authorized. Interpreter/Translator Pay shall be subject to the terms and conditions 22 provided in paragraphs 3. through 7., inclusive, below. 23 3. duties. Such premium pay shall be termed a minimum of $2.50 for each separate occasion he or she is so Interpreter/translator duties eligible for compensation hereunder shall be limited to 24 authorized duties performed by the employee involving interpretation and/or translation of a 25 language other than English at a level of competence deemed acceptable to the Department. 26 27 4. Interpreter/Translator Pay payments to employees entitled to receive them shall be made quarterly during the calendar year on such dates as the Department shall prescribe. 133 1 5. Interpreter/Translator Pay shall only be granted when an employee is actually performing 2 interpreter/translator duties and shall not be granted when such an employee is directed to 3 perform other duties. 4 6. Payments made under the provisions of this Article shall not be construed as being part of 5 employees' base pay and shall not be included in the computation of any fringe benefits 6 enumerated in this Agreement. 7 7. Any payment made under the provisions of this Article shall not have any sum deducted for 8 pension benefits nor shall such payments be included in the determination of pension 9 benefits or other fringe benefits. 10 ARTICLE 65 11 ACCRUED TIME OFF DONOR PROGRAM 12 1. Members of the Association shall be permitted to donate accrued vacation time, time-off in 13 lieu of holidays or compensatory time to a designated Association member, who has 14 exhausted all of his/her accrued time off, including sick leave, because he/she is suffering 15 from a major catastrophic illness or terminal illness, and is unable to work. 16 2. Donations shall be donated in increments of one (1) hour indicated on a "Notification of 17 Intent to Donate Time" form. A separate form must be completed for each employee to 18 whom time is being donated. Employees donating time shall not have any accrued time 19 returned if the employee to whom time is donated does not utilize the entire donation. 20 3. An employee requesting donations of accrued time shall submit to the Department of 21 Employee Relations an "Application for Accrued Time Off Donor Program" and a 22 physician's statement certifying that the employee meets the program's medical 23 requirements. The City reserves the right to require the employee to obtain a second opinion 24 from a physician of the employee's choice and at the expense of the employee if not covered 25 by the employee's health insurance provider. The decision of the Department of Employee 26 Relations as to eligibility to receive donated time shall be final. After eligibility has been 27 determined, an employee may not use donated time in excess of 2080 hours per illness. 134 1 4. Participation in the Accrued Time Off Donor Program by employees represented by the 2 Association shall be subject to all terms and conditions governing the procedures for 3 administration as developed by the Department of Employee Relations, pursuant to the 4 Milwaukee Code of Ordinances Chapter 350-45. 5 5. This Program shall be effective only so long as a Common Council ordinance establishing 6 and approving this Accrued Time Off Donor Program is in effect, and so long as the parties 7 agree to continue this program. 8 6. 9 Disputes arising from the administration of this benefit are not subject to the grievance procedures of this Agreement. 10 ARTICLE 66 11 REAPPOINTMENT BENEFITS 12 1. The provisions of this Article shall only be applicable to former Department employees who 13 have voluntarily resigned from, and have applied for reappointment to, the Department and 14 are recommended for reappointment to the Department by the Chief of Police and such 15 recommendation has been approved by the Fire and Police Commission. 16 2. A former employee shall be eligible for the Reappointment Benefits hereinafter provided if 17 all of the following eligibility requirements are met: 18 a. The employee did not file an application with the Employes' Retirement System of 19 Milwaukee for return of his/her accumulated contributions credited to his/her annuity 20 account; 21 b. The employee had successfully completed his/her recruit training and graduated 22 from the Training Academy as of the date of his/her separation from active service 23 with the Department prior to reappointment; 24 c. 25 26 27 The employee had not previously been reappointed to the Milwaukee Police Department; and d. The length of time between the employee's effective separation from active service with the Department and the date his/her written application for reappointment is 135 1 2 filed with the Office of the Chief of Police does not exceed sixty (60) calendar days. 3. For purposes of this Article a reappointed employee's old anniversary date shall be adjusted, 3 such that the amount of time the employee was separated from the Department is excluded 4 from active service time and a new anniversary date determined. 5 6 4. Benefits to which an employee is entitled upon reappointment: a. Pay Step Advancement 7 The reappointed employee's active service in the MPA classification he/she occupied 8 at the time of separation from the Department shall count as active service for the 9 purpose of computing his/her current and prospective pay step advancement. 10 b. Seniority 11 A reappointed employee's prior service in the MPA Bargaining Unit shall count as 12 active service for purposes of computing his/her current and prospective contractual 13 seniority benefits or those seniority benefits in effect by custom and practice at the 14 time the employee is reappointed to the Department. The reappointed employee 15 shall not be entitled to exercise seniority rights for purposes of picking vacation 16 schedules until the calendar year following the calendar year in which the employee 17 is reappointed. 18 c. Vacation Benefits 19 A reappointed employee shall have his/her prior active service in the Department 20 counted as active service for purposes of computing his/her current and prospective 21 vacation benefits. 22 d. Sick Leave Benefits 23 A reappointed employee shall be entitled to reinstatement of his/her earned and 24 unused sick leave credit at the time of his/her separation from the Department. 25 e. Promotional Exams 26 The period of separation shall not be deemed a break in continuous service for 27 purposes of eligibility to take promotional examinations if, and only if the 28 reappointed employee applied for reappointment with the Department within thirty 136 1 (30) calendar days from the effective date of his/her resignation from the 2 Department. 3 5. An employee who applies for reappointment to the Department more than sixty (60) 4 calendar days after the effective date of the employee's separation from active service in the 5 Department, but before the time limit for applying for reappointment established by Fire and 6 Police Commission rules, may be reappointed to the Department subject to the Chief of 7 Police recommending that the employee be reappointed and subject to the Fire and Police 8 Commission’s approval of the reappointment. Upon the Fire and Police Commission's 9 approval of the reappointment, the employee shall be reappointed as a new employee within 10 the classification he or she occupied as of the date of his or her separation and shall not be 11 entitled to the Reappointment Benefits provided herein. 12 6. Eligibility for pension, health/dental insurance and life insurance benefits shall be as 13 provided respectively by the provisions of the ERS Act (Pension Law), contracts between 14 the City and its health/dental insurance providers (Basic Plan as well as HMOs) and the 15 contract between the City and its life insurance carrier. Nothing herein shall modify the 16 terms and conditions of those provisions. 17 7. Except as specifically modified herein, all other benefits, including eligibility therefore, 18 shall be provided under the same terms and conditions as these benefits are provided for by 19 the City/Union Labor Agreement and/or City Ordinances in effect as of the date the Fire and 20 Police Commission grants approval of the favorable reappointment recommendation 21 received by the Chief of Police. 22 8. The Chief of Police and the Fire and Police Commission shall retain all their rights 23 respecting reappointment of employees to the Department and nothing herein shall in any 24 way be construed as a limitation on those rights. These rights include, but are not limited to, 25 the right of the Chief of Police to recommend granting or denying reappointment to the 26 Department and the right of the Fire and Police Commission to grant or deny reappointment 27 to the Department. 28 9. The provisions of this Article shall be deemed effective for requests for reappointment made 137 1 on or after May 16, 1995. 2 ARTICLE 67 3 FIELD TRAINING OFFICER PREMIUM PAY 4 1. The Chief of Police retains the exclusive right to make assignments of Field Training 5 Officers (FTO's) and Acting Field Training Officer from the ranks of employees in the 6 Police Officer classification. 7 procedures established for this purpose from time to time by the Chief. 8 2. Such assignments shall be made in accordance with The duties and responsibilities for the FTO assignment shall be as determined from time to 9 time by the Chief. An employee in the Police Officer classification assigned by the Chief as 10 a Field Training Officer or Acting Field Training Officer shall be entitled to receive 11 premium pay equal to $2.00 per hour in addition to his/her base salary for each hour spent 12 on duty while so assigned, provided however, that such an employee shall not be entitled to 13 this premium pay for time spent at FTO training programs. Such premium pay shall be 14 termed "FTO Premium Pay." FTO Premium Pay shall always be compensated at a flat rate 15 of $2.00 per hour irrespective of whether the employee is in Premium Pay status. FTO 16 Premium Pay shall be subject to the terms and conditions provided in paragraphs 3 through 17 7, inclusive, below. 18 3. FTO Premium Pay shall only be granted when an employee assigned by the Chief as an 19 FTO or Acting FTO is actually performing FTO duties and shall not be granted when such 20 an employee is temporarily reassigned to other duties. 21 4. FTO Premium Pay payments to employees entitled to receive them shall be made quarterly 22 during the calendar year on such dates after the effective date referenced in paragraph 2, 23 hereof, as the Department shall prescribe. 24 5. 25 26 27 An Acting Field Training Officer is an employee in the Police Officer classification who is temporarily assigned as a Field Training Officer 6. Payments made under the provisions of this Article shall not be construed as being part of employees' base pay and shall not be included in the computation of any fringe benefits 138 1 2 enumerated in this Agreement. 7. Any payment made under the provisions of this Article shall not have any sum deducted for 3 pension benefits nor shall such payments be included in the determination of pension 4 benefits or other fringe benefits. 5 ARTICLE 68 6 LESB QUALIFICATION PAY 7 1. An employee deemed certified as being qualified to be a law enforcement officer in the State 8 of Wisconsin by the Law Enforcement Standards Board (LESB) as of the close of a calendar 9 year shall be entitled to receive a $575 payment termed "LESB Qualification Pay." LESB 10 Qualification Pay payments shall be made as soon as is administratively practicable 11 following the close of the calendar year in which eligibility therefor has been established. 12 Once LESB certification has been established during a calendar year, an employee must 13 maintain that certification for the balance of such calendar year in order to receive LESB 14 Qualification Pay benefits for that calendar year. Effective for calendar year 2019 for those 15 employees hired on or after October 3, 2011, LESB Qualification Pay shall be increased to 16 $625. 17 2. An employee retiring on normal pension, or resigning voluntarily from a sworn position 18 within the Police Department, and who was LESB-certified at the time of such retirement or 19 resignation shall be entitled to the benefits provided by subsection 1 of this Article, above, 20 prorated on the basis of his/her active service in the calendar year he/she retired, computed 21 to the nearest calendar month. For purposes of prorating, an employee on the Police 22 Department payroll for at least 14 days in a calendar month shall be deemed as having been 23 on the payroll for the full calendar month; in the event the employee is on the Police 24 Department payroll less than 14 days in a calendar month, then the employee shall be 25 deemed as not having been on the payroll at all during the calendar month. For purposes of 26 determining eligibility for the benefits provided in subsection 1, above, years of service shall 27 be computed as of the effective date of the employee's normal retirement or voluntary 139 1 resignation from a LESB certified position. Payments earned hereunder shall be made as 2 soon as is administratively practicable after the employee's retirement or voluntary 3 resignation. 4 3. Except as provided in subsection 4 of this Article, below, payments made under the 5 provisions of this Article shall not be included in the determination of overtime 6 compensation or any other fringe benefits. 7 4. Employees who retire from active service on a service retirement shall have only the first 8 $575 of their LESB Qualification Pay benefits included in final average salary for purposes 9 of computing their service retirement allowances. For purposes of interpretation and 10 construction of the provisions of this Article, the LESB Qualification Pay benefit the 11 employee is entitled to include in the Final Average Salary computation shall be an amount 12 equal to the first $575 of the LESB Qualification Pay payment the employee received for 13 December 31 of the calendar year immediately preceding the employee's effective date of 14 retirement. Effective for calendar year 2019, for those employees hired on or after October 15 3, 2011 who retire from active service on a service retirement shall have only the first $625 16 of their LESB Qualification Pay benefit included in final average salary for purposes of 17 computing their service retirement allowances. 18 construction of the provisions of this Article, the LESB Qualification Pay benefit the 19 employee is entitled to include in the Final Average Salary computation shall be an amount 20 equal to the first $625 of the LESB Qualification Pay payment the employee received for 21 December 31 of the calendar year immediately preceding the employee’s effective date of 22 retirement. 23 5. For purposes of interpretation and An employee who is on detached status under the Contract Administration provisions of this 24 Agreement or an employee who has returned to active duty from detached status under the 25 Contract Administration provisions of this Agreement, shall be entitled to these benefits 26 under the terms and conditions set forth. 27 28 6. An employee on a military leave of absence for performance of duty as a member of the State of Wisconsin National Guard or a reserve component of the Armed Forces of the 140 1 United States shall be eligible for LESB Qualification Pay benefits for a calendar year 2 prorated on the basis of the employee's active service with the Department in that calendar 3 year subject to the following: 4 a. The military leave is a result of being called to, or volunteering for, active duty under 5 the authority granted to the President of the United States or the Congress of the 6 United States for a period of more than 30 calendar days; 7 b. Prorated LESB Qualification Pay shall be calculated as of the effective date the 8 employee separated from active service with the Department and began his/her 9 unpaid military leave of absence. 10 c. For purposes of prorating LESB Qualification Pay benefits, an employee on the 11 Police Department payroll for at least 14 days in a calendar month shall be deemed 12 as having been on the payroll for the full calendar month; in the event the employee 13 is on the Police Department payroll less than 14 days in a calendar month, then the 14 employee shall be deemed as not having been on the payroll at all during the 15 calendar month. 16 7. The City shall allow MPA members to participate in annual recertification training at the 17 Milwaukee Police Department facilities if the members’ chosen medical doctor certifies that 18 the member is physically and/or mentally capable of participating in said training. 19 ARTICLE 69 20 WAIVER OF FURTHER BARGAINING 21 1. The parties agree that each has had full and unrestricted right and opportunity to make, 22 advance and discuss all matters within the province of collective bargaining. 23 Agreement constitutes the full and complete agreement of the parties and there are no others, 24 oral or written, except as herein contained. Each party for the term of this Agreement 25 specifically waives the right to demand or to petition for changes herein, whether or not the 26 subjects were known to the parties at the time of execution hereof as proper subjects for 27 collective bargaining. 141 This 1 2. If any federal or state law now or hereafter enacted results in any portion of this Agreement 2 becoming void, invalid or unenforceable, the balance of the Agreement shall remain in full 3 force and effect and the parties shall enter into immediate collective bargaining negotiations 4 for the purpose of arriving at a mutually satisfactory replacement for such portion. 5 ARTICLE 70 6 COPIES OF LABOR CONTRACT 7 As soon as practicable following the execution date of this Agreement, the City will provide 8 to the Union one hundred and fifty copies of this Agreement. The covers of such copies will be 9 blue. 10 ARTICLE 71 11 INTERNAL INVESTIGATIONS 12 1. If an employee is required to submit to interrogation by the employer concerning an 13 allegation of misconduct and such interrogation could lead to discipline, demotion or 14 discharge, the interrogation shall be conducted on working days as defined in §227.01(14), 15 Stats. between the hours of 6:00AM and 9:00PM. 16 interrogations that are compelled by a PI-21. This provision shall apply only to 17 2. The Department’s ability to extend an interrogation past 9:00PM shall only apply to one 18 interrogation at a time and may only be applied to the interrogation that is already in 19 progress. These time limitations shall not apply when the incident being investigated 20 involves death or great bodily harm or in the event the Chief determines there to be exigent 21 circumstances. 22 3. Prior to any PI-21 interrogation that could lead to discipline, demotion, or discharge, the 23 subject of the interrogation shall be allowed to view any audio or video obtained from the 24 subject’s body worn camera or squad video, which relates to the investigation. 142 1 ARTICLE 72 2 EARLY INTERVENTION PROGRAM 3 4 5 6 7 8 9 1. 10 11 12 13 14 15 16 17 18 19 2. 3. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 At his or her discretion, the Chief of Police may establish an Early Intervention Program (EIP) for the Milwaukee Police Department. The City formed an EIP Advisory Group prior to implementation of the EIP. The EIP Advisory Group included one representative from the MPA, MPSO, and ALEASP. The Chief also appointed representatives to the Advisory Group. The purpose of the EIP Advisory Group was to consider appropriate performance measurements and benchmarks for the identification of employees whose performance indicates a need for intervention. The EIP Advisory Group may make recommendations concerning performance measurements and intervention benchmarks to the Chief. However, such recommendations shall be advisory only. The Chief shall give due consideration to any such recommendations. The Chief shall decide when the Advisory Group recommendations are due. The EIP is a management tool designed for multiple purposes, including, but not limited to, evaluation of employees, identification of training or re-training needs and for referral to the City of Milwaukee Employee Assistance Program (EAP) or to another outside confidential counseling service. a. If an employee is identified through any EIP analysis, the mere fact that he or she b. c. was identified by the EIP shall not be used in the employee’s evaluation; however, the data which led to the employee being identified by the EIP may be used in the employee’s evaluation. If the EIP analysis indicates a need for training or re-training, the employee shall be required to participate in all training or re-training deemed appropriate by the Chief. An employee who is referred to the EAP or to an outside confidential counseling service shall not be required to participate in the EAP or other counseling service. d. 4. The failure of an employee to participate in the EAP or in outside confidential counseling services shall not be grounds for discipline. e. The identity and the nature of any outside counseling entities to which an employee is referred shall not be noted on the employee’s evaluation. The mere identification of an employee through any EIP analysis shall not be used for disciplinary purposes; however, the data which led to the employee being identified through EIP analysis may be or become the basis for discipline. 143 1 2 3 4 5 6 7 8 9 10 5. 6. 7. Neither the Chief, the Fire and Police Commission (FPC), nor any agent of the City shall be allowed to request any information from an outside counseling entity to which an employee is referred. The Chief, the FPC and the City agree to treat the EIP database and the results of any employee’s EIP analysis, including whether an employee has exceeded or not exceeded benchmarks or whether an employee has been referred to counseling, as confidential as required by law. The provisions of this Article apply only to the EIP and shall not affect other departmental policies, procedures or contractual agreements. 144 Dated at Milwaukee, Wisconsin this _________ day of ___________, 2019. (Three copies of this instrument are being executed all with the same force and effect as though each were an original). FOR THE ASSOCIATION: BY: _________________________________________________________ _______________________________________________________ Shawn C. Lauda, President Maria Monteagudo Director of Employee Relations _________________________________ Dale Bormann Jr, Vice President _________________________________ Nicole M. Fleck Labor Negotiator __________________________________ Sarah Polka, Secretary/Treasurer _________________________________ Monica Dickerson Human Resource Analyst __________________________________ Danilo Cardenas, Trustee __________________________________ Andrew Wagner, Trustee FOR THE CITY: __________________________________ Michael Lees, Trustee _________________________________ Tom Barrett, Mayor __________________________________ Vacant, Trustee _________________________________ James Owczarski, City Clerk _________________________________ Martin Matson, Comptroller _________________________________ Ashanti Hamilton, Alderman President, Common Council _________________________________ Milele A. Coggs, Alderwoman Chairwoman Finance & Personnel Committee SIGNATURES 18-19 Labor Contract 145 October 12, 1983 MEMORANDUM OF UNDERSTANDING BETWEEN THE MILWAUKEE POLICE ASSOCIATION, LOCAL # 21 I.U.P.A., AFL-CIO AND THE NEGOTATING TEAM FOR THE CITY OF MILWAUKEE For purposes of interpretation and construction of the free parking provisions provided for in the 1983-1984 City/MPA labor contract (Article 17, subsection 2.a.(4)), an employee shall be covered by such provisions when performing the following authorized overtime assignments, notwithstanding the fact that such assignments do not fall within the ambit of court overtime work as determined by the Police Department Administration: 1. An employee assigned to the First District, or a Bureau located at the Police Administration Building, required to meet with the First District Captain at the Administration Building to discuss a tavern violation matter. 2. An employee required to report to the Lieutenant in charge of the Traffic Accident office of the Traffic Bureau to discuss an accident investigation matter. 3. An employee required to report to the Captain of the Vice Squad on a matter involving a previously executed search warrant. In the above 3 enumerated circumstances the employee shall not be entitled to court overtime, instead he/she shall submit an overtime card indicating a performance measure number determined by the Police Department Administration. The aforesaid free parking provisions shall also be interpreted and construed to cover an employee subpoenaed to court on authorized Departmental business during a period the employee is on approval sick or injury leave; such coverage shall be limited to the duration of the court appearance resulting from the subpoena and the employee shall not be entitled to overtime benefits for such appearance. The above provisions shall be deemed effective October 1, 1983 and, together with the 146 provisions of Article 17, subsection 2.a.(4), of the 1983-1984 City/MPA labor contract, shall constitute the full and only free parking benefits to which employees are entitled under such labor contract. REPRESENTATIVES OF THE CITY OF MILWAUKEE MILWAUKEE POLICE NEGOTIATING TEAM ASSOCIATION Bill Krueger James W. Geissner William P. Ward See file for original signatures. MOU_10-12-1983 Labr/MPA 147 November 16, 1983 MEMORANDUM OF UNDERSTANDING BETWEEN THE MILWAUKEE POLICE ASSOCIATION, LOCAL # 21 I.U.P.A., AFL-CIO AND THE NEGOTATING TEAM FOR THE CITY OF MILWAUKEE For purposes of interpretation and construction of the free parking provisions provided for in the 1983-1984 City/MPA labor contract (Article 17, subsection 2.a.(4)), an employee shall be covered by such provisions when subpoenaed to court on authorized Departmental business during a period the employee is suspended from duty with pay; such coverage shall be limited to the duration of the court appearance resulting from the subpoena and the employee shall not be entitled to overtime benefits for such appearance. The above provisions shall be deemed effective October 1, 1983. REPRESENTATIVES OF THE MILWAUKEE POLICE ASSOCIATION CITY OF MILWAUKEE NEGOTIATING TEAM Robert B. Kliesmet Joe S. Ellis See file for original signatures. MOU_11-16-1983 Labr/MPA 148 December 15, 1983 MEMORANDUM OF UNDERSTANDING BETWEEN THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21 IUPA, AFL-CI AND THE NEGOTIATING TEAM FOR THE CITY OF MILWAUKEE The parties hereto agree that for purposes of interpretation and construction of the provisions of subsection 3.c. of the OVERTIME Article of the current City/MPA labor contract, in respect to administration of negative compensatory time off balances, the following shall apply from and after December 19, 1983: 1. Subject to the requirements governing usage of compensatory time off provided for in subsection 3.c.(2) of such OVERTIME Article, an employee may use compensatory time off so long as his/her compensatory time off balance (CTB) recorded on the most current Police Department Personnel Status Report is not less than zero (0) hours, notwithstanding the fact that such usage may result in the employee having a negative CTB on the next following status report. 2. An employee with a negative CTB recorded on the most current Police Department Personnel Status Report shall have an amount equal to the cash value of his/her negative CTB deducted from the paycheck he/she receives for the Pay Period next following the Pay Period of the status report recording such negative CTB. The cash value of an employee’s negative CTB shall be computed on the basis of his/her hourly base pay rate in effect during the Pay Period in which such negative CTB occurs as this rate is established under the BASE SALARY Article of the City/MPA Labor Contract in effect at that time. 3. An employee may not use time off which he/she has earned, such as vacation and holiday time or compensatory time off earned following publication of a Police Department Personnel Status Report indicating a negative CTB for the employee, 149 to offset a negative CTB and thereby avoid the paycheck deduction provided for in subsection 2, above. 4. In disputes over an employee’s negative CTB, the compensatory time off taken and earned that is indicated on his/her time card (in the case of compensatory time off earned other than for roll-call, the time off earned indicated on the employee’s overtime Tab Card—Form PO-7) for the Pay Period of the Police Department Personnel Status Report on which the disputed negative CTB was recorded, shall decide the dispute. The parties further agree that all other terms and conditions of such OVERTIME Article shall remain unchanged and in full force and effect. Representatives of the Milwaukee Police Association City of Milwaukee Negotiating Team Bill Krueger Joe S. Ellis Gary J. Brazgel See file for original signatures. MOU_12-15-1983 Labr/MPA 150 APPENDIX A CITY OF MILWAUKEE DEPARTMENT OF POLICE 749 WEST STATE STREET, POLICE ADMINISTRATION BUILDING MILWAUKEE, WISCONSIN 53233 ORDER NO. 7386 February 17, 1977 RE: MILWAUKEE POLICE BAND The following procedures relating to participation by members in functions of the Milwaukee Police Band are hereby adopted. 1. Three (3) hours compensatory overtime will be granted for appearances at school concerts, parades, and the Fire and Police Baseball Game to any band member assigned to the late shift, or to any band member participating on a scheduled regular off day or vacation day; provided, such regular off or vacation day may be exchanged for a different date. Early Shift band members will be compensated hour-for-hour ending at the time roll call payment starts. 2. Hour-for-hour compensatory overtime will be granted for appearances not enumerated above (See exceptions in numbered paragraphs 5 and 6); and a minimum of 1/10 of an hour (6 minutes can be submitted for compensatory overtime. 3. Two (2) hours compensatory overtime will be granted for regular rehearsal time designated as 2:00 p.m. to 4:00 p.m., but members scheduled for early shift duty on a rehearsal day shall not be entitled to “roll call overtime” in addition to the two hours provided herein. 4. Day shift members who are on duty and scheduled to participate in a parade shall be excused from duty one and one-half (1 1/2) hours prior to the scheduled reporting time of the parade. Their return to duty following the parade is contingent on the starting time, and to ensure uniformity such matter will be incorporated in the directive relating to the parade in question. 151 5. Duty time (excused) is hereby authorized for the annual Police Band Concert and rehearsal. -2- 6. Band members will volunteer their time for appearance at the Police Picnic and any other event as directed by the Band Board, upon approval of the Chief of Police. 7. All compensatory overtime cards shall be submitted to the Band Manager for approval and transmittal to the Administration Bureau. This order shall take effect immediately and hereby cancels Order No. 6684, dated May 1, 1972. _________________________ Harold A. Breier Chief of Police HAB:RJZ:RTW See file for original signature. Labr/MPA 152 APPENDIX B September 14, 1983 MEMORANDUM OF UNDERSTANDING BETWEEN THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21 I.U.P.A., AFL-CIO AND THE NEGOTIATING TEAM FOR THE CITY OF MILWAUKEE The parties agree to amend subsection 3.c.(1) of the OVERTIME Article set forth in the 1983-1984 City/Milwaukee Police Association Memorandum of Understanding so that in the 1983-1984 City/MPA Labor Contract it will read as follows: “(1) If an employee’s compensatory time off balance (CTB), including any remaining unused compensatory time off earned prior to September 11, 1983, recorded on the most current Police Department Personnel Status Report is less than 32 hours, the employee may elect to be compensated in time off instead of cash for each instance of overtime work performed after issuance of the most current Status Report until issuance of the next Status Report which indicates the employee’s CTB is equal to or greater than 32 hours.” The parties further agree that with respect to authorized overtime assignments directly related to the Milwaukee Police Department Band function, the following provisions shall be applicable: 1. Notwithstanding the OVERTIME Article of the 1983-1984 Labor Contract between the City of Milwaukee and the Milwaukee Police Association, when an employee is a member of the Milwaukee Police Department Band and performs an authorized overtime assignment directly related to the Band function, he/she shall be compensated at base salary rates (IX) in compensatory time off for the duration of such overtime assignment. The time off so earned: Shall not count towards the 32-hour Compensatory Time Off Bank (CTB) limit determining the 153 employee’s eligibility for overtime compensation in compensatory time off, instead of cash, that is provided for in subsection 3.c.(1) of the OVERTIME Article; Shall not affect the employee’s CTB recorded on Police Department Personnel Status Reports; and shall not be included in the cash buyout provided for under subsection 3.d.(1) of the OVERTIME Article. 2. An employee may use earned time off from authorized overtime assignments directly related to the Police Band function on dates he/she has requested provided the employee gives his/her commanding officer reasonable advance notice of the dates requested and the dates are determined available by the commanding officer in accordance with the needs of the Police Service. The processing of requests for use of compensatory time off shall be on a first-come, first-served basis. Decisions made by employee’s commanding officer with respect to the availability of the dates the employee has requested shall be final. 3. Administration of Band Overtime shall be in accordance with Departmental Order #7386, dated February 17, 1977, and attached herewith as Appendix A. The parties further agree that for purposes of administering the benefits provided by aforesaid OVERTIME Article (as amended, above) the following provisions shall apply: 1. Except as provided in subsection 2, of this paragraph, below, the Police Department Personnel Status Report used to determine an employee’s eligibility to elect compensatory time off instead of cash for an instance of overtime work performed shall cover overtime work performed during the 336 consecutive hour time period beginning at 12:01 a.m. on the second Wednesday of the pay period closest to the date on which the Status Report is issued. Normally, the Status Report would be issued on the second Wednesday of the pay period; in the event the Status Report is delayed, it shall be deemed effective retroactive to 12:01 a.m. on that Wednesday. 2. An employee may elect to be compensated in time off instead of cash for rollcall overtime if either of the two Police Department Personnel Status Reports that are issued during the 154 current pay period reflect a balance of less than 32 hours. Such election must be for all rollcall overtime earned in such pay period. 3. An employee may elect to be compensated in time off instead of cash for out-of-shift premium earned if the employee’s CTB recorded on the most current Police Department Personnel Status Report in effect on the date that the out-of-shift assignment ends is less than 32 hours. The parties further agree that all other terms and conditions of the aforesaid OVERTIME Article (as amended, above) shall remain unchanged and in full force and effect. The parties further agree that the agreements provided for above shall be deemed to be in force and effect on September 11, 1983. REPRESENTATIVES OF THE MILWAUKEE POLICE ASSOCIATION CITY OF MILWAUKEE NEGOTIATING TEAM Robert B. Kliesmet James W. Geissner Bill Krueger Joe S. Ellis Gary J. Brazgel Elisabeth F. Schraith Donald Abbott Karen M. Christianson Thomas A. Barth Donald Fortier Thomas Kepka William Ward Gerald LeVan See file for original signatures. 155 APPENDIX C The parties hereto agree that whenever the Police Department Personnel Status Report for a pay period indicates a deficit in the time off entitlement of an employee because he/she has: (1) Exceeded his/her annual HOLIDAY OFF entitlement; and/or (2) Exceeded his/her annual VACATION entitlement; and/or (3) A negative SICK LEAVE BALANCE, the Police Department Administration shall deduct unused time off in the employee’s accounts indicated on such status report that are not in deficit by an amount of time off up to the time off that offsets, hour for hour, the employee’s time off deficit unless the employee notifies the Police Department Administration prior to 3 p.m. on the Friday immediately following the date such status report is issued that he/she does not want the offset made; such notification shall be provided in accordance with Departmental procedures established for this purpose. If such notification is provided the offset will not be made and the deficit will be docked from the employee’s paycheck for the pay period of the status report (the amount of such deficit to be computed on the basis of the employee’s hourly base salary rate in effect during such pay period). If there is no unused time off in the employee’s accounts indicated on such status report that are not in deficit, or if the amount of such unused time off is insufficient to offset the employee’s time off deficit, the remaining deficit will be docked from the employee’s paycheck on the same basis as is provided above when the notification requirements are met; and The parties further agree that the terms and conditions herein shall not be applicable to negative compensatory time off overtime balances reflected on the Police Department Personnel Status Report, such negative comp time balances shall be governed by the provisions of a Memorandum of Understanding between the parties dated December 15, 1983. In the event the Police Department Personnel Status Report for a pay period indicates a deficit in the time off entitlement of an employee because he/she has exceeded his/her INJURY PAY ENTITLEMENT as a result of the City’s conclusion that an injury or illness is either not work related or that the employee fully recovered from such injury or illness while injury pay 156 had continued, the Department shall inform the employee in writing and the employee shall be provided with the opportunity to respond to the City’s conclusion by indicating that he/she disputes the City’s conclusion or does not dispute that conclusion. If the employee does not dispute the City’s conclusion, the employee will be given the choice of: (a) Applying any banked sick time, compensatory time and holiday hours to the overpayment of injury pay, and having any balance not covered by such accrued time deducted from the employee’s bi-weekly paycheck at the rate of 10% of the employee’s gross pay until such overpayment is fully offset, or; (b) Having the entirety of such overpayment deducted from an employee’s bi-weekly paycheck at the rate of 10% of the employee’s gross pay until such overpayment is fully offset. If the employee disputes the City’s conclusion, he/she will be provided with the opportunity to apply for a hearing under Chapter 102, Stats., and advised that if he/she fails to promptly do so the City may exercise its right to file a claim and seek a judgment of overpayment. In the event that the Police Department Personnel Status Report for a pay period indicates a deficit in the time off entitlement of an employee because he/she has exceeded his/her INJURY PAY ENTITLEMENT as a result of anything other than the City’s conclusion that an injury or illness is either not work related or that the employee fully recovered from such injury or illness while injury pay had continued, the process for HOLIDAY OFF, VACATION, and SICK LEAVE balance described above shall apply. The parties further agree that this Appendix shall be made a part of the 2018-2019 City/MPA labor contract. 157 APPENDIX D CITY OF MILWAUKEE Fire and Police Commission November 13, 1987 Bill Krueger, President Milwaukee Police Association 1840 North Farwell Avenue, Suite 400 Milwaukee, WI 53202 Dear President Krueger: This is a follow-up communication to my letter of September 24, 1987, concerning the City Labor Negotiator’s authority to represent the Fire and Police Commission (FPC) in labor contract negotiations with the Milwaukee Police Association (MPA). The FPC designates the City Labor Negotiator as its representative in collective bargaining matters. The FPC will abide by the terms of the labor agreement that the City Labor Negotiator negotiates with the MPA. Sincerely, James F. Blumenberg Executive Director JFB:rk See file for original signature. APPENDIX D Labr/MPA 158 APPENDIX E The following paragraphs from the Pension Benefits Article of the 1985-1986City/Association Agreement are included for informational purposes: 1. Employees who are entitled to service credit during calendar years 1979 through 1986, inclusive, under either the Employee's Retirement System of Milwaukee or Policemen's Annuity and Benefit Fund of Milwaukee pension plans, shall receive such service credit at the rate of 2.5% per annum of Final Average Salary for each such year or part thereof. 2. Whenever the ERS Act provides that a medical panel make a determination affecting an employee's eligibility for benefits thereunder, a panel shall be substituted therefore consisting of three (3) physicians, one physician to be designated by the Association, one physician to be designated by the Employe Benefits Administrator and the third physician to be selected by agreement of the other two physicians. The panel may refer a member it is examining to an outside physician for examination. Decisions made by the panel on matters which are properly before it shall be by majority action and shall not be subject to the Grievance and Arbitration Procedure provisions of this Agreement. All costs associated with the panel, including costs of outside physicians used by the panel in making its determinations, shall be provided for by funds appropriated for that purpose from the budget of the City Annuity and Pension Board. 3. Effective January 1, 1985, for employees in active service on or after that date and who are members of the Policemen's Survivorship Fund of the Employees' Retirement System of Milwaukee, an increase in the current $200/$400 monthly survivorship benefits to $300/$600 per month, under the same terms and conditions applicable to such current benefits. This increase is being granted because there is no added cost, but if the experience is adverse, the benefits are to be reduced so as not to 159 increase cost. All other terms and conditions of survivorship benefits shall remain unchanged. 4. An employee who files an application for a duty disability retirement allowance with the ERS Board on or after August 1, 1985, shall not be eligible to continue to receive such allowance beyond the first of the month next following their 57th birthday; on and after the first of the month next following their 57th birthday, such an employee shall receive the service retirement allowance to which he/she would be entitled upon normal retirement at age 57 and he/she shall have the time spent receiving such duty disability retirement allowance included as creditable service for purposes of determining his/her service retirement allowance. The City will hold the Association harmless from claims and actions against the Association based upon this subsection and any ordinance or administrative action implementing this subsection, and the Association does hereby agree to tender the defense of any such claim to the City forthwith. 5. An employee appointed to the Police Officer position classification on or after August 1, 1985, shall not be entitled to receive a duty disability retirement allowance for any injury he/she may sustain while on duty prior to the start of field training during the period of time he/she is assigned to the Police Academy for recruit training, including any subsequent injury related to the injury sustained during recruit training. Such an employee shall instead be covered by State of Wisconsin Workers' Compensation Act benefits during such period and shall be subject to all provisions pertaining to such Act. 6. Effective January 1, 1985, for employees in active service on or after that date: a. Whenever the Annuity and Pension Board of the Employees’ Retirement System of Milwaukee grants a disability retirement allowance to an employee under the provisions of Subsections 36.05(2) or 36.05(3) of the ERS Act, such allowance shall become effective on the date the employee filed an application for it with the Board. 160 b. If an employee, who becomes eligible to receive an ordinary disability retirement allowance under the provisions of Section 36.05(2) of the ERS Act on or after January 1, 1985, elects an optional benefit provided for under 36.05(7)(b) of the ERS Act, the option so elected shall become effective on the employee's effective date of ordinary disability retirement as determined under Section 36.05(2) of the ERS Act. c. If an employee, who has attained the minimum service retirement age, elects an optional benefit provided for under Subsection 36.05(7)(b) of the ERS Act on or after January 1, 1985, the option so elected shall become effective on the employee's effective date of retirement determined under Subsection 36.05(1)(a) of the ERS Act. 7. An employee in active service on or after January 1, 1985, who is a member of the Employees' Retirement System of Milwaukee (ERS) and who has not attained the minimum normal retirement age and service requirements provided for in Sections 36.05(1)(b) or 36.05(1)(f) of the ERS Act shall be permitted to elect a protective survivorship option for his/her spouse under Section 36.05(7)(b)4 of the ERS Act to become effective upon his/her death provided the employee makes such election six months prior to the date upon which he/she first attained 25 years of creditable service as a "Policeman." Such election shall be irrevocable, but shall be automatically revoked in the event the surviving spouse pre-deceases the employee before retirement or the surviving spouse is legally divorced from the employee before retirement. If elected, the coverage under such option shall become effective on the date the employee would have first attained age 52. In the event the employee has not attained the aforesaid minimum normal retirement requirements, but has at least 25 years of creditable service as a "Policeman," then such employee shall have until six months following the execution date of this Agreement to elect such option; if elected, the coverage under such option shall become effective on the date of election. The increase in benefits provided herein shall not apply to a surviving 161 spouse entitled to receive benefits under the provisions of Section 36.05(5) of the ERS Act. The term, "Policeman," shall be as defined under Section 36.02 of the ERS Act. All other provisions of 36.05(7)(b)4 of the ERS Act shall remain unchanged in full force and effect. 8. Except for the contractual guarantees set forth in Chapter 441 of the Laws of 1947, Wisconsin Statutes, the provisions of Section 36.13(2) of the ERS Act shall not be applicable to employees appointed to City employment on or after August 1, 1985. Implementation of the foregoing paragraphs was accomplished by amendments to the City Charter enacted prior to November 3, 1988. These amendments, together with the balance of pension benefits applicable to employes' covered by this Agreement under the 1985-1986 City/Association Agreement, are referenced in the introductory paragraph of the Pension Benefits Article of this Agreement. 162 APPENDIX F MEMORANDUM OF UNDERSTANDING BETWEEN THE MILWAUKEE POLICE ASSOCIATION AND THE CITY OF MILWAUKEE An officer permanently separating from service has the option to: 1. Elect a lump sum cash distribution of all accumulated and unused compensatory time off at the highest of: (a) the officer’s contractual rate of pay as of the date on which the compensatory time off was earned; (b) the officer’s contractual rate of pay as of the date of separation; or (c) the officer’s average compensation during the last three years of employment, and/or 2. Remain on the payroll for an equivalent period of compensatory time not to exceed 128 hours. The payment shall be made within thirty-one (31) consecutive calendar days of separation. Nothing in this provision shall alter an employee’s ability to return to active service for one final day at work immediately after all accrued and unused benefits have been exhausted. It is intended by the parties that the rate of pay will be adjusted retroactively by a successor contract. Sick leave benefits are excluded from this provision. FOR THE CITY OF MILWAUKEE FOR THE MILWAUKEE POLICE ASSOCIATION ____________________________ Mr. Frank Forbes Labor Negotiator ______________________________ Mr. Bradley DeBraska President 163 See file for original signatures. 96C000141:48052 Appendix F Labr/MPA 164 Fire & Police Commission APPENDIX G Office of Management and Planning Chief of Police Patrol Bureau Chief of Staff Assistant Chief Director Criminal Investigation Bureau Assistant Chief Administration Bureau Assistant Chief Administration Bureau Budget & Finance Patrol Bureau Homicide Division Director Inspector (1) Captain Public Information Office (Sergeant) Field Night Inspections Robbery Division IAD-Risk Management Inspectors (2) Captain Captain District 1 Violent Crimes Division Training Division Captain Captain Captain District 2 Property Crimes Division Human Resources Div. Captain Captain Manager District 3 Sensitive Crimes Div. Technical Com. Div. Captain Captain Manager District 4 HIDTA Captain Captain Court Admin-Central Booking Div. District 5 Forensics Division Property Control Division Captain Captain Manager District 6 Fusion Division Facility Services Division Captain Captain Manager District 7 Special Investigations Div. InformationTech Div. Captain Captain Director Office of Community Outreach and Education Captain 165 Specialized Patrol Division Lieutenant Inspector (1) Captain (1) Captain Records Management Div. Captain APPENDIX G Page 2 For purposes of Article 15 Section 3.b.(3)(b) (providing that replacement workers shall work within the same “box” as shown on the “Milwaukee Police Department Organizational Chart”) of the collective bargaining agreement between the City and the Milwaukee Police Association pertaining to the use of replacement employees for employees wishing to use compensatory time off, the following shall apply: 1. Employees assigned to the Community Services Division of the Patrol Bureau Special Programs Section, Youth Services Section and Crime Prevention Section may serve as replacements for any employee assigned to the Community Services Division. 2. Employees assigned to the “Weed and Seed” program may serve as replacements for any employee assigned to the Patrol Bureau, Third District, and vice versa. 3. Employees assigned to the Prisoner Processing Section may serve as replacements for employees assigned to the First District, and vice versa. APPENDIX G Labr\MPA 166 APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MILWAUKEE/MILWAUKEE POLICE DEPARTMENT AND THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21, IUPA, AFL-CIO MILLER PARK During the term of an Agreement for Security Services between the City of Milwaukee and representatives of the Milwaukee Brewers Baseball Club, the City of Milwaukee (“City”) and the Milwaukee Police Association (“MPA”) agree as follows: 1. The City agrees to compensate MPA members at time and one-half (1-1/2X) base salary rates in cash only for overtime worked at Miller Park. 2. MPA members may be scheduled for Miller Park Overtime Duty on regular off days, vacation off days, holiday off days, or off duty hours on regular duty days, not to exceed three (3) total occasions per pay period. It is also understood that members on off days will be selected for Miller Park Overtime Duty before members on regular duty days. Members who have scheduled seven (7) consecutive off days consisting of regular off days, holiday off days, and/or vacation days in a pay period may be scheduled for four (4) occasions at Miller Park. 3. The chief of Police, or his/her designee agrees to consider input from the MPA designee in developing a fair system for overtime at Miller Park. 4. This Memorandum of Understanding and the cash overtime requirement in point one (1) shall only apply to the Miller Park agreement. Dated this ________________________day of _____________________________,2005. FOR THE CITY FOR THE MPA 167 ___________________________ David A. Kwiatkowski Labor Negotiator ___________________________ Bradley DeBraska President, MPA See file for original signatures. Miller Park Labr/MPA 168 APPENDIX I WELLNESS AND PREVENTION PROGRAM AND WELLNESS AND PREVENTION COMMITTEE A Wellness and Prevention Program and a Wellness and Prevention Committee shall be implemented to promote the wellness and prevention of disease and illness of City employees, retirees and their family members. The Wellness and Prevention Program shall include an annual Health Risk Assessment (HRA) and may contain, but shall not be limited to, some or all of the following components: benefit communication, medical self-care, nurse line, consumer health education, injury prevention, advanced directives, preventive medical benefits, targeted at-risk intervention, high-risk intervention, disease management, condition management, wellness incentive or other components agreed upon by the City and the unions. The City shall retain a consultant to assist in developing a plan for a comprehensive wellness and prevention program for the City and to assist in making program adjustments. A Wellness and Prevention Committee shall be established to assist the consultant in the design of the Wellness and Prevention Program and to provide oversight of the program. The Wellness and Prevention Committee shall be comprised of nine union members appointed by the unions and three management representatives appointed by the Mayor. The unions shall select the nine union representatives. The committee shall be structured to include two MPA members determined by the MPA. Decisions of the committee shall be by consensus. Consensus shall be reached when ten committee members agree. The committee shall make no decisions that require employees to pay additional out-of-pocket costs unless they are ratified by every City bargaining unit. However, the committee may decide to provide additional lump sum compensation to employees, reduce an out-of-pocket monthly expense or provide some other type of benefit without ratification by the bargaining units. No decision made by the committee or failure to 169 make a decision shall be subject to any aspect of the various grievance procedures, complaint procedures, court action or any other type of dispute resolution mechanism. The City shall develop a Request for Proposals (RFP) and solicit bids from third party vendors qualified to implement the Wellness and Prevention Program. Upon conclusion of the bidding process, the City shall meet with the unions to review the results of the RFP. The committee shall decide on the vendors giving due consideration to all City policies associated with the selection procedures. The City shall not spend more than two million dollars per year, including the cost of conducting the HRA, on the Wellness and Prevention Program. All parties involved with the HRA shall abide by all laws governing the release of employee medical records. Appendix I Labr/MPA 170 APPENDIX J Framework for a Memorandum of Understanding Between the City of Milwaukee And the Milwaukee Police Association Local #21 I.U.P.A., AFL-CIO Re: Discretionary Days Off in Lieu of Discipline Overview The current disciplinary system within the Milwaukee Police Department frequently results in varying periods of unpaid suspension leave for employees. In essence employees are found guilty of violations of departmental rules and regulations and the Chief of Police Head makes a determination as to appropriate penalty. Upon Order of the Chief of Police, employees may be subjected to periods of unpaid suspension of one or more days in length. In such events the disciplined member is suspended for specific date(s) as determined by the Professional Performance Division, and said member suffers a financial loss for the unpaid date(s). It is recognized that financial losses are not typically borne by the offending member alone, but by his or her family as well. Additionally, members on paid suspension periods are absent from duty and therefore the Police Department suffers the loss of human resources. It is the intent of this agreement to provide for a suitable alternative to the current system, which will alleviate much of the financial loss to employees and their families, keep productive employees at their workplaces and still provide an effective means of discipline. This shall be accomplished by allowing Police Department members, under the below conditions, to substitute discretionary off time in place of suspension days. Procedure In those discipline cases wherein the Chief of Police orders the suspension of a member for a period of five days or less, the member subject to said discipline shall be served with the discipline order(s) consistent with current practices. In addition, the member shall also be served with a notice informing them of their option to substitute discretionary time in place of any or all suspension days. The notice shall advise the member that if he or she wishes to substitute 171 discretionary time, he or she must notify the Personnel Division in writing within five calendar days. Upon proper notification, the Personnel Division shall process the member’s request and subtract the appropriate discretionary time from the member’s balance. Failure to properly notify the Personnel Division or Administrator within the five-day period shall automatically result in the member forfeiting their ability to substitute discretionary time and the suspension shall proceed as ordered by the Chief. Conditions of Agreement  For applicable suspension as described above, the substitution of discretionary time shall be at the member’s sole discretion, given that the member has the time available.          Suspensions exceeding five days shall not be eligible for substitution. Only vacation days may be substituted. Substitutions shall be on a one-for-one basis, i.e. one vacation day replaces one suspension day. Compensatory time, sick time, etc., may not be utilized for substitution. Members may choose to substitute discretionary time for all or part of a suspension period. However, substitutions may only be made in full eight-hour blocks. Members may only substitute discretionary time that is available on the current Time Owed and Allowed reports. Members may not “borrow” future time. In the event that a member chooses not to substitute discretionary time, or does not have the time available to them on the current Time Owed and Allowed report, said member shall serve the suspension days as ordered by the Chief. A member’s decision to substitute discretionary time shall have no bearing on their disciplinary record. All official Police Department disciplinary records, including the Personnel Order, shall continue to indicate that the member was suspended for the time period as ordered. Substituted suspension time shall continue to be a factor in matters such as progressive discipline, Sick Leave Incentive, promotional exams, etc. A member’s decision to substitute discretionary time is neither an admission of guilt nor a waiver of grievance/appeal rights. In the event that a member chooses to substitute discretionary time and then is awarded a reduction of discipline through the grievance/appeal process, said member shall be credited with the awarded day(s), to the same account from which they were drawn. Time credited to the member’s balance shall be governed by the rules in place for discretionary time applicable to the date the time is returned. For example: In January of 2005, a member is suspended for two days and substitutes two vacation days. The member grieves the discipline and in January of 2006, an arbitrator reduces the discipline to one day. The Police Department would then add eight hours to the member’s vacation 172    balance for year 2006 and subsequently the eight hours would have to be utilized by the end of that calendar year, unless the arbitrator/umpire directs otherwise. For purposes of this memorandum of understanding, the parties recognize the authority of the arbitrator/umpire to direct that the member be able to utilize any returned time during a period of one year immediately following the date of the award. The Chief of Police shall not in any way consider a member’s discretionary off-time balance when deciding upon discipline. The procedure would be implemented on a trial basis for the term of the 2007-2009 Agreement and could be extended beyond that date by mutual agreement. Dated this _______________________day of _____________________________, 2007. FOR THE CITY FOR THE MPA _________________________ _________________________ Troy M. Hamblin Labor Negotiator John A. Balcerzak President, MPA See file for original signatures 173 ADDENDUM TO APPENDIX J Framework for a Memorandum of Understanding Between the City of Milwaukee (the “City”) And the Milwaukee Police Association Local #21 I.U.P.A., AFL-CIO (the “MPA”) Re: Effective Date for Discretionary Days Off in Lieu of Discipline The MPA and the City agree to the following: 1. The effective date for the substitution of vacation days in lieu of suspension shall be October 21, 2007. No discretionary days shall be substituted for suspensions imposed prior to October 21, 2007. 2. As soon as administratively practicable the Milwaukee Police Department shall prepare and disseminate forms and notices in accordance with Appendix J of the 2007-2009 MPA-City Agreement. However, it is understood that a limited number of suspensions may have been imposed before the implementation of the required forms and notices. Employees who were served with suspension notices on and after October 21, 2007, but before such forms and notices were implemented, shall be provided notice of their right to substitute discretionary days off for suspension. Upon the serving of such notice, the time limits specified in Appendix J shall be observed by the City and the MPA. Dated this _____________________________day of _____________________________, 2007. FOR THE CITY FOR THE MPA ______________________________ ______________________________ Troy M. Hamblin Labor Negotiator Thomas Fischer Vice-President, MPA See file for original signatures ADDENDUM TO APPENDIX J LABR/MPA/MPA CONTRACT FOLDER 2 174 APPENDIX K Memorandum Of Understanding (MOU) Between The City of Milwaukee (City) And Milwaukee Police Association (Union) RE: Retroactive Payments for Underfilling Desk Sergeant beginning Pay Period 1, 2004 through Pay Period 26, 2006 1. This MOU contains the terms and conditions for payment of retroactive payments for employees in the classification of Police Officer who underfilled the position of Desk Sergeant at the direction of their commanding officers during the time period beginning pay Period 1, 2004 through the end of Pay Period 26, 2006. This period shall be deemed the Effective Period. 2. The effective date of this MOU shall be the first day of the first full pay period following execution of the 2007-2009 City-Union collective bargaining agreement. Except as provided hereunder, this MOU shall expire upon payment of all retroactive payments owed to employees for underfilling during the Effective Period. Payments made under this MOU shall be paid no later than sixty days from the execution date of the 2007-2009 City-Union collective bargaining agreement. 3. Notwithstanding the provisions of ARTICLE 12, SPECIAL DUTY AND TEMPORARY ASSIGNMENT PAY of the 2004-2006 City-Union collective bargaining agreement, each employee in the Police Officer job classification who underfilled the position of Desk Sergeant at the direction of his or her commanding officer during the Effective Period shall be paid an additional amount on the following basis for time spent underfilling as Desk Sergeant: The additional amount for each hour of time so spent shall be equivalent to the difference between the effective base salary hourly rate of step one of Pay Range 808 (Detective) and the Police Officer's base salary hourly rate at the time of the underfilling assignment. This amount shall be offset by any payment already made under ARTICLE 12, SPECIAL 175 DUTY AND TEMPORARY ASSIGNMENT PAY of the 2004-2006 collective bargaining agreement for underfilling during the Effective Period. 4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits. Dated this ___________________________day of ___________________________, 2007. FOR THE CITY FOR THE MPA ______________________________ ______________________________ Troy M. Hamblin Labor Negotiator John A. Balcerzak President, MPA See file for original signatures Appendix K Labr/MPA 176 APPENDIX L MEMORANUDUM OF UNDERSTANDING BETWEEN THE CITY OF MILWAUKEE (City) AND THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21, IUPA, AFL-CIO (Union) November 4, 2011 1. An employee occupying the classification of detective on the execution date of the 20102012 Agreement between the City and the Union shall be eligible for consideration for promotion to the rank of police lieutenant if the employee otherwise meets the minimum eligibility criteria for consideration for promotion to the rank of police lieutenant as established by the City’s Fire and Police Commission. A list of identified employees shall be attached to the Memorandum. 2. No employee identified herein shall be precluded from the promotional testing process to the rank of police lieutenant based solely on a lack of experience as a sergeant. 3. Notwithstanding anything else in this agreement, any employee identified herein shall be treated the same as any other MPD employee with respect to eligibility and examination for the rank of police lieutenant. 4. The City and the Union agree that this Memorandum has no value as precedent and may not be cited as precedent by either the City or the Union in any interest arbitration proceedings or in any other disputes between the parties, except for the sole purpose of enforcing the terms of this Memorandum. Dated this ______________ day of __________________________, 2011. FOR THE CITY FOR THE UNION 177 _____________________________ Troy M. Hamblin, Labor Negotiator City of Milwaukee _____________________________ Michael V. Crivello, President Milwaukee Police Association See file for original signatures 178 APPENDIX M MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MILWAUKEE (City) ANDY THE MILWAUKEE POLICE ASSOCIATION LOCAL #21, IUPA, AFL-CIO (Union) The City and the Union agree to resolve Grv. No. 2009-6/WERC Case 600 regarding ARTICLE 54 – DUTY ASSIGNMENT, and any other grievance filed by the Union regarding Article 54 of the labor agreement that has not previously been resolved, as follows: 1. The “temporary exceptions” referenced in the last sentence of Article 54 of the labor agreement allows the Chief of Police: A. To assign one or more employees to a day duty assignment to further the Training Academy’s mission. Such assignment may be made when in the Chief of Police’s judgment: (i) The employee to be assigned under this provision has a specific skill set or knowledge base not possessed by an employee currently assigned to day duty, or (ii) The needs of the service warrant such an assignment, due to the work schedule or the special assignment of an employee currently assigned to day duty who might otherwise be utilized in the Training Academy’s mission. The assignment of each such employee to day duty shall be for a maximum of sixty (60) calendar days per year. B. To assign one or more employees to a day duty assignment when in the Chief of Police’s judgment an emergency involving the needs of the service warrants such assignment. Any such assignment shall not exceed five (5) consecutive work days. C. To assign an employee to day duty when an employee requests such an assignment due to a life hardship. A “life hardship” is defined as a catastrophic life-changing event, such as the death or terminal condition of the 179 spouse, child, brother/sister or parent of the employee seeking such an assignment. The determination of whether an employee is eligible for such an assignment, and the decision to grant or deny the request, for up to 180 days, is in the sole discretion of the Chief of Police. The Chief of Police may, if the criteria in this paragraph are met, extend such hardship assignment for up to an additional 180 days. D. The Milwaukee Police Department shall provide the Union with written notification prior to assigning any employee to day duty pursuant to any of the above circumstances. If impracticable due to an emergent situation an initial verbal notification shall be followed by the written notification. E. The Union shall maintain the right to challenge any such exception and/or temporary assignment in-accordance with the grievance process. 2. In addition to the provisions set forth in paragraph one, the City and the Union agree that the following special provisions apply to employees assigned to what is currently known as the Milwaukee Police Department’s High Intensity Drug Trafficking Area (HIDTA) unit. The parties agree: A. Specific Exception. Those employees on the attached list who have been assigned in the past to day duty at the HIDTA unit, despite having insufficient seniority to be assigned to day duty, shall be “grandfathered” and are eligible to be assigned to day duty at HIDTA. B. General Exception. The Chief of Police may from time to time assign to day duty up to six (6) employees [department wide] who will be primarily involved in narotics investigation at the HIDTA unit, or any future unit that includes a similar function as HIDTA, providing such functional unit is considered the Department’s primary narcotics unit; regardless of the employee’s seniority. Each such employee selected by the Chief of Police may be so assigned on a one-time basis for not more than two (2) years under this provision. 3. Apart from those employees with insufficient seniority for a day duty assignment referenced in paragraphs 1 and 2 above, any employee currently assigned to a day duty assignment with insufficient seniority shall be reassigned by the Chief of Police consistent with the employee’s seniority within thirty (30) days of the Union’s providing the employee’s name to the Chief of Police. 4. The City Shall provide the Union, on a quarterly basis, the Milwaukee Police Department’s Day Shift Eligibility List. Prospectively, this information will be included as a new provision (i.e., paragraph 2.h) under Article 50, Bargaining Unit Information, of the parties’ labor agreement. 180 Dated this 24th day of November,2015 See file for original FOR THE CITY ______________________________ FOR THE UNION __________________________ DEBORAH A. FORD, LABOR NEGOTIATOR MICHAEL V. CRIVELLO, PRESIDENT City of Milwaukee Milwaukee Police Association 181 APPENDIX N RATES OF PAY FOR EMPLOYEES COVERED BY THE 2018-2019 AGREEMENT BETWEEN THE CITY OF MILWAUKEE AND THE MILWAUKEE POLICE ASSOCIATION, LOCAL #21, IUPA, AFL-CIO FOR THE TIME PERIOD COMMENCING JANUARY 1, 2018, AND ENDING DECEMBER 31, 2019 (FOR INFORMATIONAL PURPOSES ONLY) 182 For employee’s hired prior to October 3, 2011: Effective Pay Period 1, 2018 (December 31, 2017) Pay Range 801 Biweekly Monthly Annual 2,371.65 5,152.69 61,832.30 2,593.96 5,635.69 67,628.24 2,881.66 6,260.75 75,128.99 2,992.02 6,500.52 78,006.23 3,161.87 6,869.54 82,434.47 2,391.06 5,194.86 62,338.35 2,613.40 5,677.92 68,135.07 2,901.05 6,302.88 75,634.52 3,011.42 6,542.67 78,512.02 3,181.31 6,911.77 82,941.29 2,415.32 5,247.57 62,970.84 2,637.65 5,730.61 68,767.30 2,925.31 6,355.58 76,267.01 3,035.68 6,595.38 79,144.51 3,205.55 6,964.44 83,573.27 2,647.36 5,751.71 69,020.46 2,935.03 6,376.70 76,520.42 3,045.38 6,616.45 79,397.41 3,215.28 6,985.58 83,826.94 Associate’s Degree or 64 Credits Biweekly Monthly Annual Bachelor’s Degree Biweekly Monthly Annual Master’s Degree or Higher Biweekly Monthly Annual 2,425.04 5,268.69 63,224.26 Police Officer1/ Police Matron Assistant Custodian of Police Property and Stores 1/ Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. Pay Range 804 Biweekly Monthly Annual 3,074.37 6,679.44 80,153.22 Associate’s Degree or 64 Credits 183 3,169.61 6,886.36 82,636.26 3,268.92 7,102.12 85,225.41 Biweekly Monthly Annual 3,093.76 6,721.56 80,658.74 3,189.01 6,928.50 83,142.04 3,288.32 7,144.27 85,731.20 Biweekly Monthly Annual 3,118.07 6,774.38 81,292.54 3,213.27 6,981.21 83,774.54 3,312.58 7,196.97 86,363.69 3,127.76 6,795.43 81,545.17 3,222.99 7,002.33 84,027.95 3,322.28 7,218.05 86,616.58 Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Pay Range 806 Biweekly Monthly Annual 3,169.61 6,886.36 82,636.26 3,268.92 7,102.12 85,225.41 3,375.82 7,334.37 88,012.45 Biweekly Monthly Annual 3,189.01 6,928.50 83,142.04 3,288.32 7,144.27 85,731.20 3,395.26 7,376.61 88,519.28 Biweekly Monthly Annual 3,213.27 6,981.21 83,774.54 3,312.58 7,196.97 86,363.69 3,419.51 7,429.29 89,151.51 Associate’s Degree or 64 Credits Bachelor’s Degree 184 Master’s Degree or Higher Biweekly Monthly Annual 3,222.99 7,002.33 84,027.95 3,322.28 7,218.05 86,616.58 3,429.22 7,450.39 89,404.66 Custodian of Police Property and Stores Pay Range 808 Biweekly Monthly Annual 3,233.32 7,024.77 84,297.27 3,358.16 7,296.00 87,552.03 3,488.08 7,578.27 90,939.23 Biweekly Monthly Annual 3,252.73 7,066.94 84,803.32 3,377.59 7,338.22 88,058.59 3,507.47 7,620.40 91,444.75 Biweekly Monthly Annual 3,277.01 7,119.69 85,436.33 3,401.83 7,390.88 88,690.57 3,531.75 7,673.15 92,077.77 3,286.73 7,140.81 85,689.74 3,411.53 7,411.96 88,943.46 3,541.46 7,694.24 92,330.92 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Detective Document Examiner Police Data Communications Specialist Latent Print Examiner 185 Pay Range 810 Biweekly Monthly Annual 3,375.82 7,334.37 88,012.45 3,490.30 7,583.09 90,997.11 3,604.83 7,831.92 93,983.07 Biweekly Monthly Annual 3,395.26 7,376.61 88,519.28 3,509.72 7,625.28 91,503.41 3,624.24 7,874.09 94,489.11 Biweekly Monthly Annual 3,419.51 7,429.29 89,151.51 3,533.99 7,678.01 92,136.17 3,648.52 7,926.84 95,122.13 3,429.22 7,450.39 89,404.66 3,543.69 7,699.09 92,389.06 3,658.21 7,947.90 95,374.76 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Computer Aided Dispatch System Specialist Pay Range 812 Biweekly Monthly Annual 3,490.30 7,583.09 90,997.11 Associate’s Degree or 64 Credits 186 3,604.83 7,831.92 93,983.07 3,719.43 8,080.90 96,970.85 Biweekly Monthly Annual 3,509.72 7,625.28 91,503.41 3,624.24 7,874.09 94,489.11 3,738.82 8,123.03 97,476.38 Biweekly Monthly Annual 3,533.99 7,678.01 92,136.17 3,648.52 7,926.84 95,122.13 3,763.13 8,175.85 98,110.17 3,543.69 7,699.09 92,389.06 3,658.21 7,947.90 95,374.76 3,772.82 8,196.90 98,362.80 Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Chief Document Examiner Identification Systems Specialist Pay Range 813 Biweekly Monthly Annual 3,358.16 7,296.00 87,552.03 3,488.08 7,578.27 90,939.23 3,623.13 7,871.68 94,460.17 3,763.56 3,909.45 4,061.32 8,176.78 8,493.75 8,823.70 98,121.38 101,924.94 105,884.41 Associate’s Degree or 64 Credits Biweekly Monthly Annual 3,377.59 7,338.22 88,058.59 3,507.47 7,620.40 91,444.75 3,642.53 7,913.83 94,965.96 3,782.96 3,928.86 4,080.75 8,218.93 8,535.92 8,865.92 98,627.17 102,430.99 106,390.98 3,401.83 7,390.88 88,690.57 3,531.75 7,673.15 92,077.77 3,666.79 7,966.54 95,598.45 3,807.23 3,953.11 4,105.02 8,271.66 8,588.60 8,918.64 99,259.92 103,063.22 107,023.73 Bachelor’s Degree Biweekly Monthly Annual 187 Master’s Degree or Higher Biweekly Monthly Annual 3,411.53 7,411.96 88,943.46 3,541.46 7,694.24 92,330.92 3,676.50 7,987.63 95,851.61 3,816.92 3,962.81 4,114.72 8,292.71 8,609.68 8,939.72 99,512.55 103,316.12 107,276.63 Police Audio Visual Specialist Effective Pay Period 1, 2019 (December 30, 2018) Pay Range 801 Biweekly Monthly Annual 2,419.08 5,255.74 63,068.87 2,645.84 5,748.40 68,980.83 2,939.29 6,385.96 76,631.49 3,051.86 6,630.53 79,566.35 3,225.11 7,006.94 84,083.22 2,438.88 5,298.76 63,585.08 2,665.67 5,791.49 69,497.82 2,959.07 6,428.93 77,147.18 3,071.65 6,673.53 80,082.30 3,244.94 7,050.02 84,600.22 2,463.63 5,352.53 64,230.35 2,690.40 5,845.21 70,142.57 2,983.82 6,482.70 77,792.45 3,096.39 6,727.28 80,727.31 3,269.66 7,103.73 85,244.71 2,700.31 5,866.75 70,400.94 2,993.73 6,504.24 78,050.82 3,106.29 6,748.79 80,985.42 3,279.59 7,125.30 85,503.59 Associate’s Degree or 64 Credits Biweekly Monthly Annual Bachelor’s Degree Biweekly Monthly Annual Master’s Degree or Higher Biweekly Monthly Annual 2,473.54 5,374.06 64,488.72 Police Officer1/ Police Matron Assistant Custodian of Police Property and Stores 1/ Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. 188 Pay Range 804 Biweekly Monthly Annual 3,135.86 6,813.03 81,756.35 3,233.00 7,024.08 84,288.93 3,334.30 7,244.16 86,929.96 Biweekly Monthly Annual 3,155.64 6,856.00 82,272.04 3,252.79 7,067.07 84,804.88 3,354.09 7,287.16 87,445.92 Biweekly Monthly Annual 3,180.43 6,909.86 82,918.35 3,277.54 7,120.85 85,450.15 3,378.83 7,340.91 88,090.92 3,190.32 6,931.35 83,176.20 3,287.45 7,142.38 85,708.52 3,388.73 7,362.42 88,349.03 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Pay Range 806 Biweekly Monthly Annual 3,233.00 7,024.08 84,288.93 Associate’s Degree or 64 Credits 189 3,334.30 7,244.16 86,929.96 3,443.34 7,481.07 89,772.79 Biweekly Monthly Annual 3,252.79 7,067.07 84,804.88 3,354.09 7,287.16 87,445.92 3,463.17 7,524.15 90,289.79 Biweekly Monthly Annual 3,277.54 7,120.85 85,450.15 3,378.83 7,340.91 88,090.92 3,487.90 7,577.88 90,934.53 3,287.45 7,142.38 85,708.52 3,388.73 7,362.42 88,349.03 3,497.80 7,599.39 91,192.64 Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Custodian of Police Property and Stores Pay Range 808 Biweekly Monthly Annual 3,297.99 7,165.28 85,983.31 3,425.32 7,441.92 89,302.98 3,557.84 7,729.83 92,757.97 Biweekly Monthly Annual 3,317.78 7,208.27 86,499.26 3,445.14 7,484.98 89,819.72 3,577.62 7,772.81 93,273.66 Biweekly Monthly Annual 3,342.55 7,262.09 87,145.05 3,469.87 7,538.71 90,464.47 3,602.39 7,826.62 93,919.45 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 190 Biweekly Monthly Annual 3,352.46 7,283.62 87,403.42 3,479.76 7,560.19 90,722.31 3,612.29 7,848.13 94,177.56 Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Pay Range 810 Biweekly Monthly Annual 3,443.34 7,481.07 89,772.79 3,560.11 7,734.76 92,817.15 3,676.93 7,988.57 95,862.82 Biweekly Monthly Annual 3,463.17 7,524.15 90,289.79 3,579.91 7,777.78 93,333.37 3,696.72 8,031.56 96,378.77 Biweekly Monthly Annual 3,487.90 7,577.88 90,934.53 3,604.67 7,831.57 93,978.89 3,721.49 8,085.38 97,024.56 3,497.80 7,599.39 91,192.64 3,614.56 7,853.06 94,236.74 3,731.37 8,106.85 97,282.14 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Computer Aided Dispatch System Specialist 191 Pay Range 812 Biweekly Monthly Annual 3,560.11 7,734.76 92,817.15 3,676.93 7,988.57 95,862.82 3,793.82 8,242.53 98,910.30 Biweekly Monthly Annual 3,579.91 7,777.78 93,333.37 3,696.72 8,031.56 96,378.77 3,813.60 8,285.50 99,426.00 Biweekly Monthly Annual 3,604.67 7,831.57 93,978.89 3,721.49 3,838.39 8,085.38 8,339.36 97,024.56 100,072.31 3,614.56 7,853.06 94,236.74 3,731.37 3,848.28 8,106.85 8,360.85 97,282.14 100,330.15 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Chief Document Examiner Identification Systems Specialist Pay Range 813 Biweekly Monthly Annual 3,425.32 7,441.92 89,302.98 3,557.84 7,729.83 92,757.97 3,695.59 3,838.83 3,987.64 4,142.55 8,029.11 8,340.32 8,663.62 9,000.18 96,349.31 100,083.78 103,963.47 108,002.19 Associate’s Degree or 64 Credits 192 Biweekly Monthly Annual 3,445.14 7,484.98 89,819.72 3,577.62 7,772.81 93,273.66 3,715.38 3,858.62 4,007.44 4,162.37 8,072.11 8,383.31 8,706.64 9,043.24 96,865.26 100,599.73 104,479.68 108,518.93 3,469.87 7,538.71 90,464.47 3,602.39 7,826.62 93,919.45 3,740.13 3,883.37 4,032.17 4,187.12 8,125.88 8,437.08 8,760.37 9,097.02 97,510.53 101,245.00 105,124.43 109,164.20 3,612.29 7,848.13 94,177.56 3,750.03 3,893.26 4,042.07 4,197.01 8,147.39 8,458.57 8,781.88 9,118.50 97,768.64 101,502.85 105,382.54 109,422.04 Bachelor’s Degree Biweekly Monthly Annual Master’s Degree or Higher Biweekly Monthly Annual 3,479.76 7,560.19 90,722.31 Police Audio Visual Specialist 193 For employees hired On for After to October 3, 2011: Effective Pay Period 1, 2018 (December 31, 2017) Pay Range 801 Biweekly Monthly Annual 1,685.18 3,661.25 43,935.05 2,246.91 4,881.68 58,580.15 2,457.55 5,339.32 64,071.84 2,730.10 5,931.47 71,177.61 2,834.64 6,158.59 73,903.11 2,995.58 6,508.25 78,099.05 Associate’s Degree or 64 Credits Biweekly Monthly Annual 2,265.31 4,921.66 59,059.87 2,475.94 5,379.27 64,551.29 2,748.49 5,971.42 71,657.06 2,853.03 6,198.55 74,382.57 3,013.98 6,548.23 78,578.76 2,288.29 4,971.58 59,658.99 2,498.93 5,429.22 65,150.67 2,771.46 6,021.33 72,255.92 2,876.01 6,248.47 74,981.69 3,036.97 6,598.18 79,178.14 2,508.11 5,449.17 65,390.01 2,780.64 6,041.27 72,495.26 2,885.22 6,268.48 75,221.81 3,046.15 6,618.12 79,417.48 Bachelor’s Degree Biweekly Monthly Annual Master’s Degree or Higher Biweekly Monthly Annual 2,297.49 4,991.57 59,898.85 Police Officer1/2/ Police Matron Assistant Custodian of Police Property and Stores 1/ Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. 2/ Upon graduation from the Academy an employee shall move to step 1. Pay Range 804 Biweekly Monthly Annual 2,912.66 6,328.10 75,937.21 194 3,002.90 6,524.16 78,289.89 3,096.99 6,728.58 80,742.95 Associate’s Degree or 64 Credits Biweekly Monthly Annual 2,931.05 6,368.06 76,416.66 3,021.28 6,564.09 78,769.08 3,115.36 6,768.49 81,221.88 Biweekly Monthly Annual 2,954.06 6,418.05 77,016.56 3,044.26 6,614.02 79,368.21 3,138.36 6,818.46 81,821.53 2,963.25 6,438.01 77,256.16 3,053.46 6,634.01 79,608.06 3,147.53 6,838.38 82,060.60 Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Pay Range 806 Biweekly Monthly Annual 3,002.90 6,524.16 78,289.89 3,096.99 6,728.58 80,742.95 3,198.28 6,948.64 83,383.73 Biweekly Monthly Annual 3,021.28 6,564.09 78,769.08 3,115.36 6,768.49 81,221.88 3,216.66 6,988.58 83,862.92 Biweekly Monthly Annual 3,044.26 6,614.02 79,368.21 3,138.36 6,818.46 81,821.53 3,239.67 7,038.57 84,462.82 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher 195 Biweekly Monthly Annual 3,053.46 6,634.01 79,608.06 3,147.53 6,838.38 82,060.60 3,248.85 7,058.51 84,702.16 Custodian of Police Property and Stores Pay Range 808 Biweekly Monthly Annual 3,063.26 6,655.30 79,863.56 3,181.52 6,912.23 82,946.77 3,304.62 7,179.68 86,156.16 Biweekly Monthly Annual 3,081.64 6,695.23 80,342.76 3,199.93 6,952.23 83,426.74 3,322.98 7,219.57 86,634.83 Biweekly Monthly Annual 3,104.65 6,745.22 80,942.66 3,222.90 7,002.13 84,025.61 3,345.99 7,269.56 87,234.74 3,113.85 6,765.21 81,182.52 3,232.10 7,022.12 84,265.46 3,355.19 7,289.55 87,474.59 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Pay Range 810 Biweekly Monthly Annual 3,198.28 6,948.64 83,383.73 Associate’s Degree or 64 Credits 196 3,306.71 7,184.22 86,210.65 3,415.22 7,419.97 89,039.66 Biweekly Monthly Annual 3,216.66 6,988.58 83,862.92 3,325.11 7,224.20 86,690.37 3,433.63 7,459.97 89,519.64 Biweekly Monthly Annual 3,239.67 7,038.57 84,462.82 3,348.10 7,274.15 87,289.75 3,456.61 7,509.90 90,118.76 3,248.85 7,058.51 84,702.16 3,357.31 7,294.16 87,529.87 3,465.80 7,529.86 90,358.36 Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Computer Aided Dispatch System Specialist Pay Range 812 Biweekly Monthly Annual 3,306.71 7,184.22 86,210.65 3,415.22 7,419.97 89,039.66 3,523.79 7,655.85 91,870.24 Biweekly Monthly Annual 3,325.11 7,224.20 86,690.37 3,433.63 7,459.97 89,519.64 3,542.18 7,695.81 92,349.69 Biweekly Monthly Annual 3,348.10 7,274.15 87,289.75 3,456.61 7,509.90 90,118.76 3,565.19 7,745.80 92,949.59 3,357.31 7,294.16 87,529.87 3,465.80 7,529.86 90,358.36 3,574.37 7,765.74 93,188.93 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Chief Document Examiner 197 Identification Systems Specialist Pay Range 813 Biweekly Monthly Annual 3,181.52 6,912.23 82,946.77 3,304.62 7,179.68 86,156.16 3,432.55 7,457.62 89,491.48 3,565.60 7,746.69 92,960.28 3,703.84 3,847.72 8,047.03 8,359.63 96,564.40 100,315.55 Associate’s Degree or 64 Credits Biweekly Monthly Annual 3,199.93 6,952.23 83,426.74 3,322.98 7,219.57 86,634.83 3,450.95 7,497.60 89,971.19 3,584.00 7,786.67 93,440.00 3,722.22 3,866.11 8,086.97 8,399.58 97,043.59 100,795.01 3,222.90 7,002.13 84,025.61 3,345.99 7,269.56 87,234.74 3,473.93 7,547.53 90,570.32 3,606.97 7,836.57 94,038.86 3,745.20 3,889.12 8,136.89 8,449.58 97,642.71 101,394.91 3,355.19 7,289.55 87,474.59 3,483.14 7,567.54 90,810.43 3,616.18 7,856.58 94,278.98 3,754.38 3,898.30 8,156.84 8,469.52 97,882.05 101,634.25 Bachelor’s Degree Biweekly Monthly Annual Master’s Degree or Higher Biweekly Monthly Annual 3,232.10 7,022.12 84,265.46 Police Audio Visual Specialist Effective Pay Period 1, 2019 (December 30, 2018) Pay Range 801 Biweekly Monthly Annual 1,723.10 3,743.64 44,923.68 2,297.47 4,991.53 59,898.32 2,512.84 5,459.44 65,513.33 2,791.53 6,064.93 72,779.17 2,898.42 6,297.16 75,565.95 3,062.98 6,654.69 79,856.26 Associate’s Degree or 64 Credits Biweekly Monthly Annual 2,316.28 5,032.39 60,388.73 2,531.65 5,500.31 66,003.73 198 2,810.33 6,105.78 73,269.32 2,917.22 6,338.01 76,056.09 3,081.79 6,695.56 80,346.67 Bachelor’s Degree Biweekly Monthly Annual 2,339.78 5,083.45 61,001.41 2,555.16 5,551.39 66,616.67 2,833.82 6,156.81 73,881.73 2,940.72 6,389.06 76,668.77 3,105.30 6,746.63 80,959.61 2,564.54 5,571.77 66,861.22 2,843.20 6,177.19 74,126.28 2,950.14 6,409.53 76,914.36 3,114.69 6,767.04 81,204.42 Master’s Degree or Higher Biweekly Monthly Annual 2,349.18 5,103.87 61,246.48 Police Officer1/2/ Police Matron Assistant Custodian of Police Property and Stores 1/ Receives $20.00 additional biweekly while assigned to motorcycle duty in accordance with MOTORCYCLE PAY provision of the labor contract. 2/ Upon graduation from the Academy an employee shall move to step 1. Pay Range 804 Biweekly Monthly Annual 2,978.19 6,470.47 77,645.67 3,070.47 6,670.96 80,051.54 3,166.67 6,879.97 82,559.61 Biweekly Monthly Annual 2,997.00 6,511.34 78,136.07 3,089.26 6,711.79 80,541.42 3,185.46 6,920.79 83,049.49 Biweekly Monthly Annual 3,020.53 6,562.46 78,749.53 3,112.76 6,762.84 81,154.10 3,208.97 6,971.87 83,662.43 3,029.92 6,582.86 78,994.34 3,122.16 6,783.26 81,399.17 3,218.35 6,992.25 83,906.98 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual 199 Court Liaison Officer Forensic Investigator Narcotics Control Officer Police Alarm Operator Pay Range 806 Biweekly Monthly Annual 3,070.47 6,670.96 80,051.54 3,166.67 6,879.97 82,559.61 3,270.24 7,104.99 85,259.83 Biweekly Monthly Annual 3,089.26 6,711.79 80,541.42 3,185.46 6,920.79 83,049.49 3,289.03 7,145.81 85,749.71 Biweekly Monthly Annual 3,112.76 6,762.84 81,154.10 3,208.97 6,971.87 83,662.43 3,312.56 7,196.93 86,363.17 3,122.16 6,783.26 81,399.17 3,218.35 6,992.25 83,906.98 3,321.95 7,217.33 86,607.98 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Custodian of Police Property and Stores Pay Range 808 Biweekly Monthly Annual 3,132.18 6,805.03 81,660.41 3,253.10 7,067.75 84,812.96 3,378.97 7,341.21 88,094.57 3,150.98 6,845.88 82,150.55 3,271.93 7,108.66 85,303.89 3,397.75 7,382.02 88,584.19 Associate’s Degree or 64 Credits Biweekly Monthly Annual 200 Bachelor’s Degree Biweekly Monthly Annual 3,174.50 6,896.98 82,763.75 3,295.42 7,159.69 85,916.31 3,421.27 7,433.12 89,197.39 3,183.91 6,917.42 83,009.08 3,304.82 7,180.12 86,161.38 3,430.68 7,453.56 89,442.73 Master’s Degree or Higher Biweekly Monthly Annual Detective Document Examiner Police Data Communications Specialist Latent Print Examiner Pay Range 810 Biweekly Monthly Annual 3,270.24 7,104.99 85,259.83 3,381.11 7,345.86 88,150.37 3,492.06 7,586.92 91,042.99 Biweekly Monthly Annual 3,289.03 7,145.81 85,749.71 3,399.92 7,386.73 88,640.77 3,510.89 7,627.83 91,533.92 Biweekly Monthly Annual 3,312.56 7,196.93 86,363.17 3,423.43 7,437.81 89,253.71 3,534.38 7,678.86 92,146.33 3,321.95 7,217.33 86,607.98 3,432.85 7,458.28 89,499.30 3,543.78 7,699.28 92,391.41 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Computer Aided Dispatch System Specialist 201 Pay Range 812 Biweekly Monthly Annual 3,381.11 7,345.86 88,150.37 3,492.06 7,586.92 91,042.99 3,603.08 7,828.12 93,937.44 Biweekly Monthly Annual 3,399.92 7,386.73 88,640.77 3,510.89 7,627.83 91,533.92 3,621.88 7,868.97 94,427.58 Biweekly Monthly Annual 3,423.43 7,437.81 89,253.71 3,534.38 7,678.86 92,146.33 3,645.41 7,920.09 95,041.04 3,432.85 7,458.28 89,499.30 3,543.78 7,699.28 92,391.41 3,654.79 7,940.47 95,285.59 Associate’s Degree or 64 Credits Bachelor’s Degree Master’s Degree or Higher Biweekly Monthly Annual Chief Document Examiner Identification Systems Specialist Pay Range 813 Biweekly Monthly Annual 3,253.10 7,067.75 84,812.96 3,378.97 7,341.21 88,094.57 3,509.78 7,625.42 91,504.98 3,645.83 7,921.00 95,051.99 3,787.18 3,934.29 8,228.10 8,547.71 98,737.19 102,572.56 3,528.60 7,666.30 91,995.64 3,664.64 7,961.87 95,542.40 3,805.97 3,953.10 8,268.92 8,588.58 99,227.07 103,062.96 Associate’s Degree or 64 Credits Biweekly Monthly Annual 3,271.93 7,108.66 85,303.89 3,397.75 7,382.02 88,584.19 Bachelor’s Degree 202 Biweekly Monthly Annual 3,295.42 7,159.69 85,916.31 3,421.27 7,433.12 89,197.39 3,552.09 7,717.34 92,608.06 3,688.13 8,012.90 96,154.82 3,829.47 3,976.63 8,319.98 8,639.70 99,839.75 103,676.42 3,430.68 7,453.56 89,442.73 3,561.51 7,737.80 92,853.65 3,697.54 3,838.85 3,986.01 8,033.35 8,340.36 8,660.08 96,400.15 100,084.30 103,920.97 Master’s Degree or Higher Biweekly Monthly Annual 3,304.82 7,180.12 86,161.38 Police Audio Visual Specialist 203 INDEX ARTICLE PAGE ACCRUED TIME OFF DONOR PROGRAM ....................................................................................................................135 AID TO CONSTRUCTION OF PROVISIONS OF AGREEMENT ........................................................................................121 APPENDIX A ...............................................................................................................................................................152 APPENDIX B ...............................................................................................................................................................154 APPENDIX C................................................................................................................................................................157 APPENDIX D ...............................................................................................................................................................159 APPENDIX E ................................................................................................................................................................160 APPENDIX F ................................................................................................................................................................164 APPENDIX G ...............................................................................................................................................................166 APPENDIX H ...............................................................................................................................................................168 APPENDIX I .................................................................................................................................................................170 APPENDIX J ................................................................................................................................................................172 APPENDIX K................................................................................................................................................................176 APPENDIX L ................................................................................................................................................................178 APPENDIX M ..............................................................................................................................................................180 APPENDIX N ...............................................................................................................................................................183 ASSIGNMENTS MADE CONSISTENT WITH EMPLOYEE'S MEDICAL CAPABILITIES ......................................................123 ASSOCIATION NEGOTIATING TIME ............................................................................................................................101 AUTO ALLOWANCE ......................................................................................................................................................92 BANK OF HOURS FOR ASSOCIATION ACTIVITY ..........................................................................................................103 BARGAINING UNIT INFORMATION ............................................................................................................................108 BASE SALARY ................................................................................................................................................................15 BULLETIN BOARDS .....................................................................................................................................................100 CONTRACT ADMINISTRATION ...................................................................................................................................104 COPIES OF LABOR CONTRACT ....................................................................................................................................143 COPIES OF MEMOS AND ORDERS ..............................................................................................................................118 DEFINITIONS ................................................................................................................................................................14 DRUG TESTING ...........................................................................................................................................................127 DUES CHECK-OFF .........................................................................................................................................................99 204 DUES DEDUCTIONS ......................................................................................................................................................98 DURATION OF AGREEMENT AND TIMETABLE ...............................................................................................................2 DUTY ASSIGNMENT ...................................................................................................................................................117 EARLY INTERVENTION PROGRAM..............................................................................................................................144 EDUCATIONAL PROGRAM ...........................................................................................................................................94 FIELD TRAINING OFFICER PREMIUM PAY ..................................................................................................................139 FIRE AND POLICE COMMISSION OVERTIME ................................................................................................................41 FUNERAL LEAVE ...........................................................................................................................................................67 GRIEVANCE AND ARBITRATION PROCEDURE ................................................................................................................7 HEALTH INSURANCE ....................................................................................................................................................51 HOLIDAY PREMIUM PAY ..............................................................................................................................................85 HOURS OF WORK .........................................................................................................................................................27 ILLNESS IN FAMILY .......................................................................................................................................................68 INFORMATION RECOMMENDED TO BE FURNISHED TO ASSOCIATION .......................................................................45 INJURY PAY ..................................................................................................................................................................68 INTERNAL INVESTIGATIONS .......................................................................................................................................143 INTERPRETER/TRANSLATOR PAY ...............................................................................................................................134 JOINT LABOR/MANAGEMENT COMMITTEES ............................................................................................................119 LEGAL EXPENSES LIABILITY ........................................................................................................................................120 LESB QUALIFICATION PAY ..........................................................................................................................................140 LIFE INSURANCE ...........................................................................................................................................................48 LIMITATIONS UPON ASSOCIATION ACTIVITY .............................................................................................................101 LOCKERS.......................................................................................................................................................................92 LONGEVITY PAY ...........................................................................................................................................................23 MANAGEMENT RIGHTS .................................................................................................................................................5 MILITARY LEAVES .........................................................................................................................................................72 MOTORCYCLE PAY .......................................................................................................................................................26 205 NEGOTIATIONS ..........................................................................................................................................................101 NOTICES .....................................................................................................................................................................123 OFF-DUTY EMPLOYMENT ..........................................................................................................................................117 ORDINANCE AND RESOLUTION REFERENCES ................................................................................................................4 OVERTIME ....................................................................................................................................................................28 PAID LUNCH .................................................................................................................................................................84 PARKING ALLOWANCE BENEFITS FOR POLICE ADMINISTRATION BUILDING EMPLOYEES ........................................124 PENSION BENEFITS ......................................................................................................................................................46 POLITICAL LEAVES OF ABSENCE .................................................................................................................................118 PREAMBLE .....................................................................................................................................................................1 PROBATIONARY EMPLOYEES .........................................................................................................................................6 PROHIBITION OF STRIKES AND LOCKOUTS ..................................................................................................................13 REAPPOINTMENT BENEFITS ......................................................................................................................................136 RECOGNITION ................................................................................................................................................................2 RETENTION OF PENSION AND ANNUITY RIGHTS .........................................................................................................45 SAFETY GLASSES ..........................................................................................................................................................91 SENIORITY FOR LAYOFF PURPOSES..............................................................................................................................97 SICK LEAVE ...................................................................................................................................................................64 SIGNATURES ..............................................................................................................................................................146 SPECIAL DUTY AND TEMPORARY ASSIGNMENT PAY ...................................................................................................25 SPECIAL UNIT PAY ........................................................................................................................................................93 SUBJECT TO CHARTER ....................................................................................................................................................4 TERMINAL LEAVE .........................................................................................................................................................71 TIME OFF FOR JURY DUTY ...........................................................................................................................................82 TIME OFF IN LIEU OF HOLIDAYS...................................................................................................................................84 TUITION AND TEXTBOOK REIMBURSEMENT ...............................................................................................................95 UNDERWATER INVESTIGATION UNIT PAY ...................................................................................................................94 UNIFORM AND EQUIPMENT ........................................................................................................................................87 UNPAID LEAVE OF ABSENCE FOR ASSOCIATION BUSINESS .......................................................................................111 206 UNPAID MATERNITY ..................................................................................................................................................111 VACATIONS ..................................................................................................................................................................76 WAIVER OF FURTHER BARGAINING...........................................................................................................................143 207