2019 - 2021 LABOR AGREEMENT
between the
CITY OF WAUKESHA
and the
WAUKESHA PROFESSIONAL POLICE ASSOCIATION
(W.P.P.A.)

 INDEX

ARTICLE

TITLE

PAGE

1

Purpose of Agreement

2

2

Recognition

2

3

Hours and Workweek

3

4

Uniform Maintenance

5

5

Overtime

5

6

Authorized absence

9

7

Longevity

14

8

Salaries and Pay Periods

14

9

Insurance Benefits

14

10

Previous Benefits

15

11

Waiver of Rights

16

12

Grievance Procedure

16

13

Pension

17

14

Dues Deduction

17

15

Rules, Regulations and/or Policies of the Administration 18

16

Rights of Employer

18

17

Settlement of Disputes

19

18

Seniority

19

19

Military Leave

20

20

Probation

20

21

Out of Classification Assignments

21

22

Promotion Procedure

21

23

Personnel File Inspection

22

24

Duration

22

Biweekly Salary Schedules
Attachment B: Unexcused Sick Leave/Administrative Corrective Measures

For the Association ________

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For the City _____________

 ARTICLE 1 – Purpose of Agreement
1.01

It is the intent and purpose of the parties hereto that this agreement shall promote and
improve working conditions between the City and the Waukesha Police Association,
hereinafter referred to as the Association, and to set forth herein rates of pay, hours of work
and other terms and conditions of employment to be observed by the parties hereto.

1.02

In order to increase the general efficiency, to maintain the existing harmonious relations
between the City and its employees, to promote the morale, well-being and security of said
employees, to maintain a uniform scale of wages, hours and conditions of employment
among the employees and to promote orderly procedures for the processing of any
grievance between the employer and employees, the following Employment Contract is
made.

ARTICLE 2 – Recognition
2.01

This Agreement made and entered into at Waukesha, Wisconsin pursuant to the provisions
of Chapter 111.70, Sections 66.90 and 62.13 of the Wisconsin Statutes by and between the
City of Waukesha as municipal employer, hereinafter referred to as the City, and the
Waukesha Professional Police Association, as sole bargaining agent for the police officers of
the Waukesha Police Department, municipal employees, hereinafter referred to as the
Association.

2.02

The City hereby recognizes the Association as the sole and exclusive bargaining agent with
respect to hours, wages and conditions of employment for the positions of Patrol Officer,
Police Specialist and Detective, excluding the positions of Chief, Deputy Chief, Captain,
Lieutenant, Sergeant and all other employees of the Waukesha Police Department. The City
will provide a designated Association representative with the names and addresses of new
and current Police Department employees covered by the Agreement. Bulletin board space
in the Department will be provided by the City for use by the Association for meeting
notices, Association business or related matters.

2.03

Representation. Any time an employee is to be interviewed for misconduct, in which
discipline may later be imposed, they shall have the right to union representation, if
requested.
A. When an employee is interviewed by a representative of the City and is represented at
such meeting by the Association, the representative for the Association may ask
questions and communicate with the City representative to clarify the position of the
City with respect to the investigation.
B. An employee requested to file a written report shall be advised of the reason for the
report (e.g., whether it is a matter of administrative action or criminal activity) as
outlined in Section 2.03 (A) of this Article.

2.04

Due to the three shift nature of the Department’s work, employee members of the
Association’s bargaining committee who are on duty may attend collective bargaining
meetings, and employee members of the Association’s grievance committee who are on
duty may attend grievance meetings providing, in the judgment of the Chief, the staffing
requirements of the Department are fully met. The Board may make requests for a
representative of the various committees and/or State Board to attend Board meetings, or
parts thereof, with prior approval of their immediate supervisor. Such employees are on
call and subject to assignment as needed. On duty personnel are limited to a maximum of
two (2) hours to attend such meetings, with the exception of actual bargaining meetings
with the City. The two (2) hour limit may be extended with approval of the Shift
Commander. Subject to the preceding conditions, employee members of the Association’s

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For the City _____________

 Executive Board may attend special Board meetings pertaining to preparation for labor
negotiations between the parties, the election of officers and directors or other corporate
official union business, provided that written notice is given to the Chief of Police and the
affected Shift/Bureau Commanders at least three (3) work days prior to the meeting taking
place.
2.05

Employees requiring legal defense for their conduct in the line of duty because of
involvement in an action brought against them by a citizen will generally be defended by the
City Attorney’s Office. In matters where the Police and Fire Commission sits as a quasi
judicial body, the City Attorney acts as its counsel. In such cases, where an employee is
charged by a citizen complaint before the Commission, the City will provide legal counsel for
the employee. In providing legal counsel for the employee, the Chief and the Finance
Committee shall ultimately have approval responsibility for the proposed cost of
representation. In order to protect the employee, the employee will be allowed to obtain
separate legal counsel as soon as s/he is notified that the same is necessary at no cost to
the employee. The employee’s attorney shall then submit to the Chief and the Finance
Committee, the proposed cost of representation. The employee will have the opportunity to
retain counsel immediately in order to protect his/her rights and this will also allow the Chief
and the Finance Committee the opportunity to review the proposed cost of representation
prior to extensive work being performed by the attorney on behalf of the employee. The
Finance Committee shall also have ultimate approval responsibility for actual legal charges
and disbursements prior to payment. If there is a dispute as to the reasonableness of the
fees charged by the employee’s attorney, the matter shall proceed to the Wisconsin State
Bar Association for fee arbitration. In no case will this obligation arise where the employee
conduct complained of occurred outside of or was unrelated to the employee’s line of duty.

ARTICLE 3 – Hours and Workweek
3.01

Employees will work a 5-2,4-2 schedule as follows: five days on duty and two days off
duty, then four days on duty and two days off duty. A normal workday shall consist of any
eight (8) hour shift. A normal workweek shall average 40 hours, based on a fifty-two (52)
week year.
The employees normal workshift hours shall be distinguished as follows:
Patrol:

1st relief
2nd relief
3rd relief

11:00 p.m.
7:00 a.m.
3:00 p.m.

to
to
to

7:00 a.m.
3:00 p.m.
11:00 p.m.

Uniform lap squad shifts will begin 60 minutes prior to the start of the normal workshift.
Assignment to lap squads will be on a voluntary basis unless there are no volunteers.
3.02

Employees shall be required to report fifteen (15) minutes prior to their assigned for roll
call. They shall be compensated for this time and thusly computed makes the average
workweek 40.1 hours. Employees on any extended leave, excluding holidays, vacation
and/or compensatory time off (or any combination thereof) in excess of thirty (30) working
days will not be credited with roll call time from the first day of their excused absence. Roll
call time is calculated at the rate of one-tenth (1/10th) of an hour per workweek.

3.03

Those employees, to wit: Detectives and Police Specialists shall work a 5-2 workweek.
Those employees assigned to the Criminal Investigation Division shall not be required to
report fifteen (15) minutes prior to the start of the shift. Uniformed Police Specialists
assigned to the Uniformed Division shall have the same hours as the Uniform Division, but
shall not be compensated under Section 3.02. Rather, Police Specialist’s shift shall end
fifteen (15) minutes earlier than the standard work shift hours for the Uniform Division.
A. Normal duty work shift hours shall be as follows:

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For the City _____________

 1st relief
2nd relief
3rd relief

11:00 p.m.
7:00 a.m.
8:00 a.m.
3:00 p.m.

to
to
to
to

7:00 a.m.
3:00 p.m. (Uniformed Police Specialists)
4:00 p.m. (Detectives and Plain Clothes Personnel)
11:00 p.m.

Any flexing of normal duty hours shall be on a mutually agreed upon basis between the
employee and the shift/bureau commander/supervisor. The flexing of normal duty
hours includes the following: changing shifts or changing the starting and ending times
of shift.
B. Employees assigned as Field Training Officers will receive one (1) hour of compensatory
time per day in addition to DOR time as additional compensation while actually training
newly hired employees.
C. The Sensitive Crimes Unit (SCU) and the Computer Forensic Unit (CFU) are distinct units
and are a separate assignment from the general pool of Detectives. Annual shift
selection, comp days, trade days, vacation/holiday picks will be completed within SCU
and CFU and not in conjunction with the entire Detective pool.
D. A detective selected and assigned to the Milwaukee Area Investigative Team (MAIT)
shall receive four (4) hours of compensatory time for each week that he/she is on call.
This on call status is for the times in which the Waukesha Police Department’s is the lead
agency for MAIT. On call status requires the detective to be fit for duty and immediately
accessible, and available to respond.
E. A detective selected and assigned to the Waukesha County Metro Drug Unit (Metro) shall
receive four (4) hours of compensatory time for each week that he/she is on call. This
on call status is for the times in which that detective is responsible for investigating
Metro cases outside of Metro duty hours. On call status requires the detective to be fit
for duty and immediately accessible, and available to respond.
3.04

A.

B.

3.05

All employees shall receive a twenty (20) minute paid lunch break and a ten (10)
minute rest break during their tour of duty. In the event an emergency situation
requires an employee to abandon his/her break, the employee will respond to the
emergency and subject to shift demands, shall be able to complete the unused portion
of the break time.
1) Employees working four (4) hours of overtime in conjunction with their assigned
duty shift shall be entitled to a fifteen (15) minute break. This break may be
combined with other breaks during the employee’s assigned duty shift.
Thanksgiving Day, Christmas Day and New Years Day. On-duty personnel will be
afforded the opportunity to take an extended lunch break of up to forty-five (45)
minutes at the station. Sworn personnel who are on duty may take this break at
their private residence, the residence of an immediate family member, or the
residence of a Waukesha Police Department employee provided that such private
residence is within the City of Waukesha. It is understood that such employees
remain subject to immediate recall and that workload demands may necessitate the
limiting or denial of extended lunch breaks.

C.P.U. and S.R.O.

A. Officers assigned to the Community Policing Unit (C.P.U.) and as School Resources Officers
(S.R.O.’s) shall have those hours as described in Article 3.03 of this Labor Agreement.
B. S.R.O.’s will have duty hours consistent with the regular school year.
C. Vacations and holidays shall be scheduled in accordance with Article 6.05 and 6.06 (B), with
vacations scheduled according to Article 6.05 of this Labor Agreement.
a. The individual officer's hire date shall determine the seniority selection order for
officer; assigned to the C.P.U. and as S.R.O.’s.
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 D.
E.

F.

G.
H.
I.

b. Not more than one (1) officer assigned to a C.P.U. shift/division may be on vacation
at a time.
Officers assigned to the C.P.U. and the S.R.O. Program shall be compensated in accordance
with the terms of this Labor Agreement as a uniformed acting specialist during the length of
their assignment.
If there are 4 or less S.R.O.’s: When school is not in session one S.R.O. will be assigned to
cover summer school with the remaining S.R.O.’s assigned to day shift patrol. The duty
hours and work week of S.R.O.’s when school is not in session will be Monday through
Friday, 6:45 a.m. to 2:45 p.m.
If there are 5 or more S.R.O.’s: When school is not in session one S.R.O. will be assigned to
cover summer school with the remaining S.R.O.’s assigned to day and early shift patrol.
The duty hours and work week of S.R.O.’s when school is not in session will be Monday
through Friday, 6:45 a.m. to 2:45 p.m. and Monday through Friday 2:45 p.m. to 10:45
p.m.
When scheduling conflicts arise, only trained or selected S.R.O.’s will be utilized to fill
temporary vacant positions until the return of the primarily assigned S.R.O.
Assignments to the C.P.U. and the S.R.O. Program, shall be made by the Chief of Police
from interested and qualified officers regardless of specific shift assignment
Assignments to the C.P.U. and the S.R.O. Program, shall be for the following periods of time
unless circumstances dictate otherwise, such as personal reasons or lack of performance:
1) C.P.U. for two (2) years.
2) S.R.O. for four (4) years. It is the intent of the Department to stagger the starting year
for these assignments.
3) Any minimum staffing and/or special event overtime in the uniform division shall be
offered on a seniority basis as described in 5.05. If no officer volunteers for overtime,
the overtime shall be offered to the uniform specialists on a seniority basis with date of
hire as the basis for seniority. If overtime slots are still available, normal provisions of
the contract shall be followed. No uniform specialists shall be ordered in to work
overtime except as set forth in Article 5.05(B)(1)(a), with the exception of general call
back.
4) Following the completion of the CPU or S.R.O. assignments, an officer may not serve in
another of these assignments for a period of one (1) year, unless another qualified
officer is not available to be assigned to the vacated position. In such case, the Chief
may extend an officer’s assignment for an additional term.

J. The officers currently assigned, or officers to be assigned to the C.P.U. and the S.R.O.
Program, will remain in their current assignments and will be compensated in accordance
with 3.05, D upon the effective date of this Labor Agreement.
K. An assignment to the C.P.U. and the S.R.O. Program, is a uniformed patrol position
requiring additional training and responsibilities but does not relieve the officer, even
though compensation is at a higher rate, of any job-related responsibilities specifically
related to patrol officers in general.
ARTICLE 4 – Uniform Maintenance
4.01

A. Patrol and Recruit Officers shall receive an initial uniform purchase authorization of up to
$2000.00 at 0% interest. Charged expenses will be deducted monthly at no less than
$50.00 per month until the balance is paid in full. Any subsequent purchase after the
initial six months of employment will be the responsibility of the employee.
1. Sworn personnel will receive a uniform allowance of $600.00 per year.
January 1, 2009 the uniform allowance will be $650.00 per year.

Effective

B. The uniform allowance will be paid once per year, by direct deposit, in the week
following the first pay period in January.
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 C. If the employee separates from employment with the City after the City has paid the
uniform allowance, the City will recover the unearned paid portion of the uniform
allowance from the employee’s last paycheck. The uniform allowance is for the current
year.
ARTICLE 5 – Overtime
5.01

Employees will be paid at the rate of time and one-half their normal rate of pay for all hours
worked in excess of the scheduled workday or workweek.
Employees may request
compensatory time off in lieu of overtime pay. Unused compensatory time off shall be
carried forward into the following calendar year. Compensatory time accrual may not
accumulate in excess of an annual amount of up to one hundred sixty (160) hours.
Compensatory time may be taken in not less than one (1) hour increments at the end of a
work shift with supervisory approval. Usage in less than an eight (8) hour blocks is limited
to the day the compensatory time is to be used only and may not be scheduled in advance.

5.02

Court Appearance
A. Employees will be guaranteed a minimum of three (3) hours at the rate of time and
one-half (1 1/2) for each court appearance outside their normal duty hours relevant to
their official duties as a police officer with the City of Waukesha.
B. For court appearances beginning within two (2) hours before, and that continue into the
employee’s shift, two (2) hours of pay at the rate of time and one-half (1 ½) will be
guaranteed.
C. For court appearances that begin during the employee’s shift, and extend beyond the
end of an employee’s shift, the employee shall be compensated for the actual time
worked at the end of the shift at the rate of time and one-half (1 ½).
D. Telephonic testimony occurring outside of an employee’s normal duty hours will be paid
at the rate of time and one-half (1 ½) for actual time spent on the telephone. Telephonic
testimony shall be on a mutually agreed upon basis between the employee and the
prosecutor for the specific court case.
E. If an appearance is cancelled less than twenty-four (24) hours prior to the scheduled
appearance time, the employee will receive one (1) hour of pay at the rate of time and
one half (1 ½).

5.03

Call back time shall be defined as that time or times when an employee is called back to
work without sixteen (16) hours advance notice.
Employees shall be guaranteed a
minimum of two (2) hours at the rate of time-and-one-half (1 ½) from the time of
notification of the call back subject to the approval of the employee’s supervisor which
approval shall not be unreasonably withheld. This premium pay shall not apply where an
employee is being called in for failure, in the Chief’s judgment, to properly complete a work
assignment.

5.04

Compensatory time: Requests for compensatory time off may be submitted up to one
calendar month, but not less than twenty-four (24) hours prior to the requested off date.
The twenty-four (24) hour period may be waived, and said waiver cannot be unreasonably
withheld, when shift minimum road strength is met.
A. A compensatory off day shall not be canceled with less than seventy-two (72) hours
notice, except in cases of a general call back of sworn personnel. Employees may cancel
their own scheduled comp day up to five (5) days in advance of said comp day with
supervisory approval, which approval shall not be unreasonably denied. Notice of
available comp days is not the responsibility of management.

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 B. Beginning one calendar month prior to a comp day requested, all compensatory day
requests will be held for twenty-four (24) hours. At the end of such twenty-four (24)
hour period, requests will be granted as follows subject to staffing requirements:
If one (1) employee requests a compensatory day off, that employee’s request shall be
granted. When two (2) or more employees of the same classification request, on the
same day, the same compensatory time off, the most senior employee shall be granted
the time off.
5.05

A. Overtime Occurrences. Overtime occurrences are defined as either a Special Event
(regardless of duration), Projected Long-Term Overtime [for four (4) or more hours], or
Short-Term Overtime [for four (4) or more hours].
1) Only one (1) roster/log will be maintained for all Special Event, Long-Term and
Short-Term volunteers and order-ins.
2) On January 1st of each year, a new roster will be started, except for the initial year’s
roster, which will start on the date the contract is ratified.
3) Overtime occurrences will be logged on the roster at the time of assignment by a
supervisor.
4) If an officer does not work the assigned overtime, that occurrence will be removed
from the roster.
5) Once an overtime assignment has been made, voluntary or order-in, the assignment
will not be altered due to a subsequent volunteer to work, order-in, single
holiday/vacation request, compensatory or trade day request.
6) Once an overtime assignment has been made, it can only be traded, given away or
changed due to exigent circumstances and with supervisory approval. Supervisors
will ensure changes are in accordance with the process noted in 5.05(1) and 5.05(2).
Once an order-in assignment has been made, the assigned officer may trade, give
away or change the overtime assignment with supervisory approval. Supervisors will
not unreasonably deny requests for an overtime change. The officer actually
working the overtime will get the credit for the occurrence.
7) Employees will not be ordered in for duty on vacation days and the off days
immediately preceding and succeeding the vacation days. This prohibition does not
apply in the case of normally scheduled off days that are not attached to vacation
days.
B. Special Events Overtime. Special events overtime includes: parades, races, walk-athons, festivals, fireworks grant overtime, political rallies, sporting events, school
dances, school rallies and other similar events regardless of duration. Special Events
are not: court time, depositions, tactical calls, extensions of duty shift, and any other
similar events regardless of duration.
1)

Special Event Overtime Volunteer. When for the purpose of Special events, it is
necessary to request officers to work overtime hours, the Chief or his
representative shall post appropriate notice of said overtime opportunity. Special
events, which are more than one (1) day in duration, shall be considered one (1)
event for the purposes of this section. This notice shall be posted on the roll call
board at least fourteen (14) calendar days in advance of the date of the special
event. The notice will remain on the roll call board at least seven (7) calendar
days. If the Chief or his designee receives notice, with less than fourteen (14)
calendar days prior notice, the notice will be posted on the roll call board up to
four (4) calendar days prior to the event. Notices received with less than four (4)
calendar days prior notice will result in the overtime being assigned by reverse
seniority, to the officer with the fewest number of overtime occurrences. Officers

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 may sign up for such overtime provided their classification qualifies that officer
for the work. Overtime will then be assigned to volunteers by seniority.
a) For high school sanctioned/sponsored special events: 1) SRO's will be
given first opportunity for the overtime with preference given to the
school assigned SRO. 2) When multiple personnel are requested for an
event the other SRO’s, according to departmental seniority, will fill the
second, and subsequent, slots. 3) Additional voluntary slots will be filled
according to 5.05(b)(2) with overtime order-ins first coming from the pool
of the SRO’s, based on reverse departmental seniority, then in accordance
with 5.05 (B)(2).
2)

Special Events Overtime Order-In. Prior to ordering officers to work for special
events, the overtime shall be offered to the detectives and specialists. Voluntary
assignments shall be made by following the overtime language in Section
5.05(B)(3).
If an insufficient number of officers, detectives or specialists
volunteer for the overtime, the Chief or his designee may then assign available
officers utilizing order-ins. Any order-in will be made by reverse seniority, to the
officer with the fewest number of overtime occurrences, using the following
guidelines:
Day shift will work special events from 03:00 hours to 06:59 hours and from
15:00 hours to 18:59 hours.
Early shift will work special events from 11:00 hours to 14:59 hours and from
23:00 hours to 02:59 hours.
Late shift will work special events from 19:00 hours to 22:59 hours and from
07:00 hours to 10:59 hours.
However, if the majority of the event falls on one shift’s designated hours, that
shift will cover all the hours of the event, provided the overlap is not more than
one (1) hour in duration. Anything more than a one-hour overlap, the event will
be split between the two affected shifts.
a.) First to be considered for order-in will be officers who are already schedule to
work a normal eight (8) hour duty day shift on the day of the event. The officers
who are ordered-in will have the overtime [up to four (4) hours] scheduled in
conjunction with their assigned duty shift.
b.) Cancel necessary portions of compensatory off days on the shift(s) during which
the event is occurring by reverse seniority. Cancel compensatory off days on the
other two (2) shifts by reverse seniority.
c.) Cancel necessary portions of single holidays, then single vacation days on the
shift(s) during which the event is occurring by reverse seniority. Cancel single
holidays, then single vacation days on the other two (2) shifts by reverse
seniority.
d.) Cancel necessary portions of scheduled off days on the shift(s) during which the
event is occurring by reverse seniority. Cancel regularly scheduled off days on
the other two (2) shifts by reverse seniority.
e.) Cancel trade off days on the shift(s) during which the event is occurring by
reverse seniority. Cancel trade off days on the other two (2) shifts by reverse
seniority.
f.) Cancel scheduled holiday/vacation days of officers on holiday/vacation periods by
reverse seniority.

3) Plain Clothes Special Event Overtime
Plain clothes special event overtime will be managed in the following manner:
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 1.
2.
3.
4.

Detectives with preference given to date of promotion seniority.
CID Specialists with preference given to date of promotion seniority.
Acting Detectives with preference given to date of hiring seniority.
Acting CID Specialist with preference given to date of hiring seniority.

If no one volunteers for the required overtime, the overtime will be offered to Patrol
personnel.
If no one volunteers for the required overtime, the overtime will be ordered in the
following manner;
1. Detectives based on reverse date of promotion seniority.
2. CID Specialist based on reverse date of promotion seniority.
3. Acting Detectives based on reverse date of hiring seniority.
4. Acting CID Specialist based on reverse date of hiring seniority.
5. If overtime vacancies still exist then Section 5.05(A) will be followed for
the ordering of Patrol personnel.
This is exclusive of events already handled by patrol supervision and listed under
section 5.05(B) of this agreement.
C. Minimum Staffing Overtime. Minimum staffing overtime is that which maintains the
necessary road strength of personnel as determined by the Chief of Police.
1) Projected Long-Term Overtime. Projected long-term overtime is defined as overtime
for shortages that become known to supervision with more than seventy-two (72)
hours notice.
a.) Cancel, in order, previously approved compensatory days, then single holidays,
then single vacation days from affected shift by reverse seniority.
b.) Seek off duty volunteers, by seniority, from the affected shift, to work an eight
(8) hour shift.
c.) Seek volunteers, by seniority, from the other shifts, to work an eight (8) hour or
four (4) hours split shift.
1.) Personnel who volunteer for a full eight (8) hour shift will be given priority
over someone who volunteers for a split shift.
d.) If no volunteers are found for overtime, order in officers, per 5.05(B)(2)(a, d, e,
and f) by reverse seniority and fewest number of overtime occurrences.
e.) If possible, no officer will be ordered to work on two (2) consecutive days.
2) Short-Term Overtime. Short-term overtime is defined as overtime for shortages that
become known by supervision with less than seventy-two (72) hours’ notice.
a.) If a shortage occurs in which the shift fall more than one (1) officer below
minimum staffing, seek volunteers, by seniority, from on-duty officers, of both
the preceding and succeeding shifts to work four (4) hours in conjunction with
their shift.
b.) If no volunteers are obtained, order-in on duty officers by reverse seniority and
fewest number of overtime occurrences from the preceding and succeeding shifts
for four (4) hours.
c.) If possible, no officer will be ordered to work on two (2) consecutive days.
ARTICLE 6 – Authorized Absence
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 6.01

Sick Leave. It is the intent of both parties to continue the sick leave policy which is
presently in existence.
A. All officers will be granted sick leave with pay at the rate of their normal base pay.
B. Restrictions relative to sick leave with pay:
1) Notice of absence and reason for absence must be reported to the Police Station at
least one (1) hour prior to start of the scheduled duty shift.
2) Employee must report reason for absence each succeeding day to a shift supervisor,
unless he or she is ordered by a doctor to be absent from work for a certain period of
time, and employee will then state that specifically to the Station when calling in,
along with the doctor’s name. In all absences, the employee will maintain contact
with a shift supervisor every three (3) days. 3)
Employees shall submit a doctor’s
certificate for any absence of three (3) consecutive working days and if required the
certificate shall be obtained from a doctor designated by the City.

6.02

A. Funeral Leave. Funeral leave of three (3) days, without loss of pay, shall be granted
to the employee in the event of the death of the employee’s wife, husband, son,
daughter, mother, father, step mother, step father, step son, step daughter, motherin-law, father-in-law, grandparents, brother, sister, brother-in-law or sister-in-law,
son-in-law or daughter-in-law.
B. Funeral leave of one (1) day shall be granted without loss of pay for the death of the
employee’s aunt, uncle, niece, nephew or spouse’s grandparent.
C. If the funeral is held at a distance that requires additional time off for documented
travel, the employee may be granted up to two (2) days for travel, provided that the
time used for travel shall be deducted from the employee’s compensatory, holiday,
or vacation bank.

6.03

Jury Duty. An employee subpoenaed for jury duty shall be paid the difference between his
or her regular rate of pay and the rate for jury duty for up to a maximum of eight (8) weeks
per calendar year when such jury duty occurs during their scheduled duty shift. Should the
employee be dismissed or released from jury duty prior to the end of their scheduled duty
shift, they will report for assignment.

6.04

Leave of absence Without Pay.
A.

6.05

Requests for leave of absence without pay for a justifiable reason shall be made in
writing to the Chief of Police for approval and be submitted at least two (2) days
prior to the anticipated leave. Approval of these requests is at the discretion of the
Chief. Employees shall be required to exhaust accrued leave balances prior to
receiving an unpaid leave with the following conditions:
1) It shall be the employee’s decision which (if any) vacation/holiday selection is
vacated for the necessary leave of absence.
2) It shall be the employee’s choice if compensatory time is utilized.
3) Any vacation period vacated shall be made available to other employees based
on seniority.

Vacations. The vacation schedule for the Police Department to be on a workweek basis as
follows:
A. Two (2) workweeks vacation after one (1) year of service
B. Three (3) workweeks vacation after seven (7) years of service
C. Four (4) workweeks vacation after fifteen (15) years of service.
D. Five (5) workweeks vacation after twenty (20) years of service.
E. Five (5) workweeks and one (1) day vacation after twenty-five (25) years of service.

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 1) The Police Chief shall have a vacation schedule available for each shift and
classification for employees to sign on or before October 15, preceding the year
vacations are to be taken so that vacation assignments will be completed by
December 15. New employees will be eligible for vacation benefits prorated from
their hiring day to the end of the calendar year of their hiring to be taken the
following calendar year. All selections for time off in the Detective Bureau will be on
separate lists for the Sensitive Crimes and General Assignment units.
2) In case of termination, an employee shall be paid his or her accrued and unused
vacation and holidays, computed from the date of hire to the date of termination of
employment.
3) The number of employees that will be allowed off on vacation or holiday leave shall
be based on maintaining individual shift minimum staffing requirements as set by the
Chief of Police; the number of employees may be three (3), except during the “inservice training period” and when employees in the Reserve or Guard are on annual
active two (2) week duty.
A vacation period may only be suspended in the case of serious emergency,
which in the judgment of the Chief demands such action.
4) Length of service within the classification (meaning rank or grade) will prevail in all
the various divisions of the Police Department in selections for vacations and
holidays. Employees moving from a higher to a lower classification will be credited
with length of service in the higher classification when selecting vacations or holidays
under this section.
5) Vacations and holidays will be taken in the following manners:
(a) Employees will first sign the schedule for their ten (10) holidays to be taken over
one (1) continuous period exclusive of normal days off, pursuant to Section 6.05
(4). Employees may split the ten (10) holidays into two (2) separate one (1)
week periods. If the employee separates the holidays into two selections, they
will first sign the schedule for one week. After the remainder of the employees
have selected their holidays, the schedule will return to the top of the seniority
list for those employees who split the holidays to sign the schedule for the second
week of holidays.
(b) Employees will next sign the first (1st) vacation scheduling signing for not more
than two (2) weeks, which shall be taken over one (1) continuous period or split
into one (1) week increments pursuant to Section 6.05 (4).
(c) Employees entitled to a third (3rd) week of vacation will then sign the vacation
schedule pursuant to Section 6.05 (4).
(d) After the third (3rd) week vacation schedule has been completed, employees with
a fourth (4th) week of vacation will sign for that vacation pursuant to Section 6.05
(4).
(e) Employees may take their fifth (5th) week in individual day increments, with the
approval of their supervisor (staff level permitting), and subject to the provision
set forth in Article 5.04 of this Labor Agreement.
6) The vacation week is to start on the first Saturday of the calendar year and continue
in like manner throughout the calendar year except:
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 (a) The first vacation period of the calendar year may be started on the first of
January instead of the first Saturday of the year.
(b) The last vacation period of the calendar year may end on December 31.
7) If an employee is transferred to a different shift or division of the Department before
they are able to take their scheduled vacation:
(a) The employee reserves the right to take that vacation at the time the employee
was committed to per the schedule; unless
(b) The employee is given ninety (90) calendar days written notice of a shift or
division change in which case the employee’s vacation may be changed as the
staffing requirements of the Department requires.
(c) Employees shall not be ordered into work for special events or overtime
assignment during any authorized two (2) day absence immediately before and
after the scheduled vacation period. The only exception shall be in the event of
an emergency or voluntary employee assignment.
8) If an officer incurs a serious illness requiring hospitalization or nondiscretionary
surgery immediately before or while on vacation or if an officer becomes injured in
the line of duty and is declared unfit for duty because of this injury by a doctor or the
officer is hospitalized or incapacitated, the officer's vacation may also be rescheduled
by the Chief if the manpower requirements of the department permit. In those
circumstances where the vacation cannot be rescheduled before the end of the
current calendar year, the vacation period may be carried over and used prior to
March 31st of the following year or paid out, at the Chief’s discretion. The incapacity
must be of such a nature that either the police officer cannot perform his/her regular
duties or any modified duty assignment as determined by the Chief or his/her
designee. Further, it is understood that if the employee is incapacitated, he/she
shall have no outside employment.
6.06

Holiday Leave.
A. Paid holidays included in this Agreement are:
New Year’s Day
President’s Day*
Martin Luther King Day*
Memorial Day

Independence Day
Labor Day
Veteran’s Day*
Thanksgiving Day

Day after Thanksgiving*
Christmas Eve Day*
Christmas Day

*The floating holidays will be scheduled within the Department and approved by the
Chief.
B. Those employees, to-wit: Detectives, Police Specialist and others presently working on
a 5-2 workweek shall take their holidays on the holidays; with the exception of the five
(5) floating holidays, President’s Day, Martin Luther King Day, Veteran’s Day, Christmas
Eve Day, and Day after Thanksgiving. These five (5) days may be taken at the
employees discretion, subject to staffing requirements of the Department.
6.07

Trade Days. Personnel who have a need for trade days and who can meet the provisions of
the below guidelines may file a “Trade day” request with their respective immediate
supervisor. Said request cannot be denied on the basis of discipline or used as a form of
discipline against the employee making said request. Said request shall be granted or
denied based on but not limited to the following criteria:
A. Employees in like classification will be permitted to trade between each other any
authorized days off, or one (1) of their off days in each group. An authorized day is

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 defined as an eight (8) hour shift within a twenty-four hour period. Trade days shall not
be granted between sworn and non-sworn personnel, investigative and uniform
personnel, or dispatch and non-dispatch personnel.
B. Notification of a trade will be made on the proper Department form a minimum of
twenty-four (24) hours before and no greater than thirty (30) days prior to the trade
taking place. The twenty-four (24) hour advance notice may be waived by the shift
commander. All trades will be completed within a ninety (90) calendar day period from
the earliest date of the original trade.
C. Employees will be permitted, upon the approval of supervisors of each affected shift, to
trade between shifts if eight (8) hours separates the hours of work.
Probationary employees will not be permitted this opportunity unless all necessary
training has been completed so as to allow the employee to work without the direct
supervision of a field training officer or dispatcher, and that the employee is counted for
minimum staffing.
D. Employees scheduled to pay back a trade day, but who call in sick, will pay the City back
that day within a 30 calendar day period by working a day off or the loss of a
compensatory day. The manner of payback is at the employee’s discretion. Any day
worked would be at the shift commander’s (supervisor’s) discretion. Officers will be
allowed to utilize trade days prior to use of compensatory time as limited under Section
5.01. For purposes of this section, “sick” shall include illness, injury or any other
incapacity except duty related absences of the type covered by worker’s compensation.
Employees on a duty related absence of the type covered by worker’s compensation
shall not be required to pay back the trade day.
E. Pay back of trade days must be in the same capacity, i.e., full duty status for full duty
status. If an employee is not able to pay back the trade day in full duty status within
the thirty (30) day calendar period, the pay back period will be extended until such time
as the employee returns in full duty status.
F. Those employees working a 5-2 workweek may trade with themselves. An employee
may work an off-day and in return be granted a day off on a normal working day, this
trade must comply with 6.07 B and D.
6.08

Other (Family and Medical Leave)
A. Requesting employees shall comply with and be granted leaves of absence in accordance
with the requirements of applicable Federal and State laws and subject to 5.04 of this labor
Agreement when such request involves the use of compensatory days. In the event of a
request for urgent medical leave, these provisions may be waived between the employee
and the administration.
B. Non-probationary employees are eligible for paid family leave as follows:
1) Employees working a rotating duty schedule are eligible for a maximum seven
(7) days, accrued as follows:
(a.)
Two (2) days after one (1) year of continuous service
(b.)
Two (2) additional days after two (2) years of continuous service
(c.)
Three (3) additional days after three (3) years of continuous service
2) Employees working a five-two (5-2) duty schedule are eligible for a maximum of
eight (8) days, accrued as follows:
(a.)
Two (2) days after one (1) year of continuous service
(b.)
Three (3) additional days after two (2) years of continuous service

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 (c.)

Three (3) additional days after three (3) years of continuous service

3) Employees are encouraged to submit their leave requests as far in advance
possible and certainly within the requirements of the law, however, it
requested that they not be submitted in excess of thirty-five (35) days prior
the intended day(s) off.
4) Family and medical leave time off shall be deducted based on actual time
leave, rounded to the nearest hour.

as
is
to
of

C. Nothing in the above affects the current sick leave benefit received by Association
members.
6.09

Worker’s Compensation – Supplemental Pay. An employee off work due to a work related
disability shall receive a payment equal to the difference between the amount of Worker’s
Compensation and their regular net pay for a period equal to eight (8) months per calendar
year. Such pay shall continue only during the period of time in which the employee is
medically, temporarily, partially or totally disabled as the result of such injury or illness.
Regular net pay, for purposes of this Article only, excludes any State imposed penalty levied
against the employee.

ARTICLE 7 – Longevity
7.01

Employees hired prior to January 1, 1996 will be entitled to longevity pay of ten dollars
($10.00) per month after five (5) years of service, then an additional two dollars and fifty
cents ($2.50) per month, up to a maximum of forty seven dollars and fifty cents ($47.50).

ARTICLE 8 - Salaries and Pay Periods
8.01

Pay Periods. All payroll check voucher forms shall be available at 7:00 a.m., Friday,
biweekly by placing such forms in the employee’s mailbox. In the event such days are legal
holidays, checks voucher forms shall be placed in the employee’s mailbox on the preceding
Thursday.

ARTICLE 9- Insurance Benefits
9.01

Health Insurance:
The City will establish health care plan(s) for employees.
Employees enrolled in the City’s PPO1 Health Insurance Plan shall contribute toward the
cost of the plan by paying 20% of the premium equivalent cost. Those employees enrolled
in the City’s Health Risk Assessment program shall pay 12% of the premium equivalent
cost.
Employees enrolled in the City’s PPO2 Health Insurance Plan are not required to contribute
toward the premium equivalent cost of the plan.
All aspects of the health insurance plan which are not mandatory subjects of bargaining may
be changed, amended or deleted at the sole discretion of the City.
A. Regular Retirement. Upon retirement, provided at the time of retirement the employee
is entitled to receive a retirement annuity and has at least fifteen (15) years of service in
the Waukesha Police Department: the City shall pay 50% of the total premium required
for substantially similar standard and major-medical continuing health coverage as
provided active unit employees, including any substantial changes as may occur from
time to time whether the changes are improvements or reductions in said coverage,
subject to 9.01, C.

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 B. Disability Retirement.
Upon termination due to disability as defined in Section 40.65
(4) Wis. Stats., Laws of 1982, as amended from time to time: the City shall pay 50% of
the total premium required for substantially similar standard and major-medical
continuing health coverage as provided active unit employees, including any substantial
changes as may occur from time to time whether the changes are improvements or
reductions in said coverage, subject to 9.01, C.
C. Continuation of Premium Payments by the City. Premium payments by the City shall
continue, as authorized by this Labor Agreement, until such time as any of the following
events occurs:
1. The employee is deceased.
2. The eligibility of the employee to apply for the Medicare program. If rejected, the
employee returns to the City group plan.
3. The acceptance of the employee into a substantially similar program of
health insurance coverage by another employer.
D. Job Related Death. If an employee dies as a direct result of a job related disability (as
established pursuant to Section 102, Wis. Stats.), the City shall continue to pay the
premium for group health and dental insurance for the spouse and child(ren), thereafter,
and until the spouse dies, the spouse remarries, or the spouse and/or child(ren) are
accepted into another similar health or dental insurance plan.
E.
9.02

Member employees whose spouse has retired from City employment shall retain all
health insurance payment rights under this contract.

Life Insurance: An employee may elect to participate in the group life insurance program
provided through the City, subject to the terms of the policy and the waiting period prior to
participation. If an employee does not elect to participate at the time of his or her
employment, the election to participate will be governed by the terms of the policy as to
proof of insurability at such time as the employee desires to become a participant.
The City shall pay the premium cost to provide group life insurance. The maximum amount
of life insurance for any employee shall be an amount equal to his or her annual salary
adjusted to the next higher $1,000 multiple, if not an even multiple of $1,000. Salary for
the purposes of this paragraph only shall mean base pay and uniform allowance.
The City may change life insurance carriers or self-insure providing the benefits and
coverage are comparable to that now in effect.

9.03

Dental Insurance:
A. Employees are eligible to apply for the group dental plan within their first thirty (30)
days of employment. The insurance will become effective on the first day of the month
following six (6) months of employment after application acceptance.
B. The City will pay toward the cost of the group dental insurance the full premium for the
Delta Premier Plan, single or family coverage, or an equivalent dollar amount toward any
other dental plan offered by the City.
C. The City has the right to change carriers or self-insure provided coverage is equal to or
better than the current coverage. The City reserves the right to request a declaratory
ruling from the WERC with regard to the issue of whether dental insurance constitutes a
health care plan under the terms of state law in which case the City shall not be bound
by the terms of this agreement related to dental insurance, except as to premium cost,
unless the issue is resolved in the Union’s favor.

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 9.04

Premium Increases During Any Contract Hiatus: In the event that Group Health or Dental
Insurance costs for the Premier Plan increase over those amounts set forth in this Article,
the City agrees to pay such increase cost during any contract hiatus period.

9.05

Flexible Benefits Program – The City will continue to offer employees a Section 125 Program
Flexible Spending Account for: 1) non-covered medical expenses, 2) dependent care
expenses, 3) premiums for group insurance and 4) independent premiums.

9.06

The City will contract for the provision of long term disability insurance for City employees
at the employee’s expense so long as such insurance is available and feasible.

ARTICLE 10 – Previous Benefits
10.01 The City agreed to maintain in substantially the same manner such present benefits which
are mandatory subjects of bargaining and not specifically referred to in this Agreement.
Such benefits and written policies as may now exist that are mandatory subjects of
bargaining are incorporated herein by reference as though fully set forth at length.
ARTICLE 11 – Waiver of Rights
11.01 Neither party to this Agreement by such act at the time hereof nor subsequent hereto
agrees to and does waive any rights possessed by it or them under our State and Federal
laws, regulations or statutes.
In the event any clause or portion of this Agreement is in conflict with the statutes of the
State of Wisconsin governing municipalities or other statutes, such clause or portion of the
Agreement shall be invalid but such invalidity shall not affect the remainder of the contract.
It is agreed that in the event any Fair Labor Standards Act amendments or decisions are
implemented after the commencement date of this labor agreement, which affect hours of
work or overtime for police department personnel, the City and the Association will make
whatever work schedule changes, if any, they deem necessary to continue compensation
similar to existing practice.
ARTICLE 12 – Grievance Procedure
12.01 Grievance Procedure
A. A grievance is a dispute and/or differences of opinion raised by an employee or a group
of employees covered by this Agreement involving the meaning, interpretation or
application of the provision of this Agreement, and any dispute related to wages, hours
and conditions of employment.
B. A grievance shall be set forth on the form which has been approved by the parties. The
grievance must contain the date of the alleged violation as well as a description of the
grievance. The form must be signed by the grievant or the WPPA representative. In the
case of an Association grievance, only the WPPA representative is required to sign the
grievance. A grievance will not be accepted unless it bears the signature of an
authorized WPPA representative. The grievance must be accompanied by the grievance
tracking form approved by the parties. The grievance tracking form will be attached to
the grievance and shall remain with the grievance through Step 3 of the grievance
procedure. The grievance tracking form is to be completed at each step of the
procedure.

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 C. Nothing contained herein shall be construed to divest the Police and Fire Commission of
the City of Waukesha of any rights, responsibilities or authority provided by Section
62.13 of the Wisconsin State Statutes.
D. The grievance process must be initiated within ten (10) working days (Saturdays,
Sundays and Holidays excluded) of the event or the aggrieved employee knowing or
having knowledge of the event giving rise to the grievance. Any grievance not filed
within the time limits set forth above shall be invalid.
E. Any employee may process his grievance as outlined in this Article, and shall have the
right to representation by the Association in conference with the City. The Association
may submit an Executive Board Grievance in cases where it feels it has a collective
grievance of it’s members.
F. Any of the time limits set forth in this Article may be extended by written agreement
between the parties involved.
Step 1

The aggrieved employee shall present the grievance in writing to his
management supervisor. If the grievance is not resolved within ten (10) working
days (Saturdays, Sundays and holidays excluded), the aggrieved employee may
process the grievance as outlined in Step 2.

Step 2

The grievance shall be presented in writing to the Chief of Police within ten (10)
working days (Saturdays, Sundays and holidays excluded), of the management
response in Step 1. Within ten (10) working days, the Chief shall respond in
writing to the aggrieved employee. Within ten (10) working days (Saturdays,
Sundays and holidays excluded) after receipt of the Chief’s response, the
aggrieved shall process his or her grievance as outlined in Step 3 or the matter
shall be considered resolved by all parties.

Step 3

The Grievance shall be presented in writing to the City Administrator. Within
thirty (30) days of the receipt of the grievance, the City Administrator shall hold
a hearing with the concerned parties. Within ten (10) days (Saturdays, Sundays
and holidays excluded) after the hearing, the City Administrator shall notify the
parties, in writing, of his determination. The aggrieved shall process his or her
grievance as outlined in Step 4 within ten (10) working days (Saturdays, Sundays
and holidays excluded) or the matter shall be considered resolved by all parties.

Step 4

If processed to Step 4 by written notice served on the Chief of Police and the City
Administrator, the grievance shall be arbitrated. The City Administrator and the
Association representatives shall meet within ten (10) working days of the date of
notice and attempt to agree upon an arbitrator. If no agreement is reached
within ten (10) working days of such meeting, the parties shall jointly request a
panel of five (5) names to be proposed by the Wisconsin Employment Relations
Commission. The parties shall alternately strike names from such panel until the
one remaining shall serve as arbitrator. Costs of arbitration shall be borne
equally by the City and Association. The decision of the arbitrator shall be final
and binding subject to the provisions of the Wisconsin Statutes.

12.02 Authority of Arbitrator: The Arbitrator shall not have the authority to recommend
amendment, modify, nullify, ignore, add to, or subtract from any of the provisions of this
Agreement. The Arbitrator shall only consider and make a decision with respect to the
specific issue submitted, and shall have no authority to make a decision on any other issue
not submitted. The Arbitrator shall submit a decision in writing within ninety (90) days
following close of the hearing or the submission of briefs by the parties, whichever is later,
unless the parties agree to a written extension. The decision shall be based solely upon the
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 Arbitrator’s interpretation of the meaning and application of the express terms of this
Agreement to the facts of the grievance presented.
ARTICLE 13 – Pension
13.01 The City shall pay to the Wisconsin Retirement System the employer’s contribution.
Employees shall pay to the Wisconsin Retirement System the employee’s contribution.
ARTICLE 14 – Dues Deduction
14.01 Representation. The Association, as the exclusive representative of all the employees in the
bargaining unit, shall represent all such employees, both members and nonmembers, fairly
and equally.
14.02 Membership. No employee shall be required to join the Association but membership in the
Association shall be made available to all employees who do apply, consistent with the
Constitution and by-laws of the Association. No employee shall be denied membership on
the basis of race, creed, color, religion, sex, national origin, handicap, or age.
14.03 Deduction of Dues. Every employee represented by the Association may elect to authorize
a dues deduction to the Association. The City shall deduct for this purpose an amount equal
to 1/12th of the annual Association dues commencing with the second month of
employment.
14.04 Administration. The aggregate amount so deducted shall be forwarded to the Treasurer of
the Association within ten (10) days of the date such deductions were made.
14.05 Inadvertence or Error. If, through inadvertence or error the Employer fails or neglects to
make a deduction which is properly due and owing from an employee’s paycheck, such
deduction shall be made from the next paycheck of the employee and submitted to the
collective bargaining representative.
14.06 Indemnification. The Association shall indemnify, hold harmless and defend the Employer
against any and all claims, demands, suits, complaints, orders, judgments or other actions
brought by reason of action taken or not taken by the Employer under the terms of this
Article.
ARTICLE 15 – Rules, Regulations and/or Policies of the Administration
15.01 The Association shall be furnished with a written set of rules, regulations, policies,
procedures and/or directives as adopted by the Department or Police and Fire Commission.
The above list is not all-inclusive. None of the above shall be effective until it has been
published and distributed to the Association.
15.02 The terms and conditions of this Agreement shall supersede and take precedence over any
prior rule, regulation, policy, procedure and/or directive in conflict with this Agreement.
ARTICLE 16 – Rights of Employer
16.01 It is agreed that the rights, functions and authority to manage all operations and functions
are vested in the Employer and include, but are not limited to, the following:
A. To prescribe and administer rules and regulations essential to the accomplishment of
the services desired by the City Council.
B. To manage and otherwise supervise all employees in the bargaining unit.
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 C. To hire, promote, transfer, assign and retain employees and to suspend, demote,
dismiss or take other disciplinary action against employees for just cause.
1) During a department investigation the Administration shall assign a Supervisor, who
has not been a direct witness to the event, to conduct the investigation.
2) At the time of notification by a supervisor that a department investigation is
occurring against that employee, the employee shall receive, in writing, the incident
or event they are being investigated for.
3) The department agrees to notify the union’s president of the disposition of formal
discipline against its members by providing the date, position, discipline type and
rule violated for each such discipline.
D. To relieve employees of duties because of lack of work or for other legitimate reasons.
E. To maintain the efficiency and economy of the City operations entrusted to the
administration.
F. To determine the methods, means and personnel by which such operations are to be
conducted.
G. To take whatever action may be necessary to carry out the objectives of the City
Council in emergency situations.
H. To exercise discretion in the operation of the City, the budget, organization, assignment
of personnel and the technology of work performance.
Nothing contained in this management rights clause should be construed to divest the
Association of any rights granted by Wisconsin Statutes or provisions of this Agreement.
ARTICLE 17 - Settlement of Disputes
17.01 The parties and employees covered by this Agreement recognize that contractual and
statutory procedures exist for the resolution of all disputes arising under this contract and
any collective bargaining
disputes arising after the expiration of this contract and
therefore specifically agree that there shall be no collective, concerted or individual strikes,
partial or complete sit-downs, slowdowns, stoppages or cessations or refusals to work,
boycotts or other acts of any kind at any time that interfere with the City’s functions,
operations or services. Any employee violating the foregoing provisions shall be subject to
disciplinary action, including discharge. This provision shall not limit the City’s rights to
seek any other available legal remedies.
ARTICLE 18 – Seniority
18.01 Seniority is defined as length of continuous service dating from an employee’s most recent
date of hire in a Department job covered by this Agreement. It shall be a factor applying in
the following situations.
18.02 When a shift/bureau vacancy occurs in a position covered under this contract, the following
procedure will be used, provided the requesting employees are capable and qualified to
work in that position and providing that the remaining employees on the shift are capable
and qualified to perform the available work:
A. Employees shall be afforded the opportunity to annually make and be granted a shift
reassignment request based on seniority.
B. Department shift/bureau reassignment request forms shall be distributed no later than
September 1 of each year.
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 C. Employees shall return shift/bureau reassignment request forms no later than
September 21. After September 21, any modification to a shift/bureau by reassignment
request will be considered only when special or unforeseen circumstances are present.
D. The Administration has the authority, under Article 16 – Rights of Employer, to assign
personnel by exercising reasonable discretion, in lieu of an employee’s individual
preference.
E. Seniority, for those employees assigned as Acting Specialists, shall be determined by
each employee’s original date of hire.
18.03 Employees covered by this contract who are to be permanently transferred to a different
division or shift in such division, shall be notified thirty (30) days in advance of the effective
date of such transfer or shift change. This time restriction may be mutually waived in
writing.
18.04 Layoff. When it becomes necessary because of a need for economy, lack of work or funds,
or any just cause to reduce the number of employees covered by this Agreement, the
following will apply:
Any temporary or probationary employees shall be laid off first.
In the event of further reduction in force, employees will then be laid off based on reverse
order of seniority from the employee(s) most recent date of hire in the Department within
their respective classifications.
18.05

A. Any employee laid off, pursuant to Section 18.04 of this Agreement, shall be placed on a
recall list for a period of two (2) years. Should a vacancy occur within the bargaining
unit, for any reason, such shall be filled by the senior qualified employee on the recall
list.
B. If any employee is recalled to a position in a lower rated job classification, he/she shall
have the right to return to the job classification held prior to being laid off in the event it
subsequently becomes available.
C. Employees eligible for recall shall be given seven (7) days notice of recall (sent by
certified mail, copy to Union). Failure to report, or reply in writing, telephone or wire
within forty-eight (48) hours shall constitute a waiver of recall and he/she shall be
bypassed for the recall. If the employee further fails to advise the City in writing of
his/her availability for work, within seven (7) days after the sending of such recall
notice, his/her seniority shall be terminated.

ARTICLE 19 – Military Leave
19.01

Military Leave of Absence. Employees who are members of active military reserve units,
and are required to attend yearly training sessions shall be paid an amount equal to the
difference between their military pay and their regular pay, excluding military allowances
and allotments, not to exceed two weeks per calendar year. Employees are entitled to any
and all rights guaranteed under the Veteran’s Re-employment Rights (VRR) Law.
Employees attending weekly/monthly military meetings/training which overlaps the duty
shift, shall have such overlapping time deducted from their regular pay.

ARTICLE 20 – Probation
20.01 The normal probationary period for a newly hired employee covered by this Labor
Agreement shall be one (1) year from the date of the successful completion of field training.
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 However, in cases where the Department cannot adequately evaluate the candidate within
said one (1) year period, the probationary period may be extended by the City for an
additional 180 days for good cause, upon notification to the officer as to the reasons for
such extension and notice to the Association of an extension. If said extension is not
agreed to by the employee, the matter is subject to the grievance and arbitration procedure
of the contract. Other benefits applicable under this Agreement for which the candidate
may be eligible after one (1) year will not be deferred by reason of any such extension of
the probationary period. The Association shall indemnify and save the employer harmless
against any and all claims, demands, suits, orders, judgments or other
forms of liability that shall arise out of, or by any reason of, action taken or not taken by the
employer regarding notice of extension of probation to the Association, including but not
limited to indemnification for damages, costs and/or attorney fees.
ARTICLE 21 – Out of Classification Assignments
21.01 Any officer assigned to the Detective Bureau as acting detective for a period of at least six
(6) months who there performs the duties of a detective shall be compensated at the
detective’s starting salary level for a period of time assigned to perform those duties.
Employees filling acting assignments which last beyond a one year period will automatically
progress through the salary schedule.
21.02 Out of Classification Assignment Pay. An employee temporarily assigned to a higher
classification who works eight (8) consecutive hours shall receive the lowest rate of pay in
that assigned higher classification.
Out of Classification Assignment Pay would not include those times when an employee is
temporarily assisting an employee in that higher classification.
It is understood that temporary out of classification assignments are at the discretion of the
Chief of Police or his designee.
ARTICLE 22 – Promotion Procedure
22.01 When a vacancy occurs or a new position is created or upgraded in a classification covered
by this Agreement, such vacancy shall be filled by promotion according to the following
method.
22.02 A notice of vacancy shall be posted on the Department bulletin board fifteen (15) work
days, excluding weekends, prior to the last day on which applications are accepted. The
notice shall state the following information: a) eligibility requirements; b) the type and
nature of the test(s) to be used in the promotion process; c) the date, time and location of
the testing; d) written manuals or other materials recommended as study guides; e) the
general subject matter to be covered; f) weight to be given each test; g) the grade needed
to qualify for the promotion; h) the manner of grading to be used in scoring the test(s); I)
other factors to be considered in the promotion process; j) the weight given to each factor;
and k) other relevant information regarding the procedure involved in the promotion
process.
22.03 The promotion shall be made by the Chief of Police from one (1) of the three (3) highest
ranking applicants. All qualifying applicants shall be given written notification of their rank
in order of employer preference. Qualified applicants not selected shall have their names
placed on an eligibility list to remain in effect for a subsequent one (1) year period from the
effective date of the first promotion from the list. Should authorized vacancies occur in the
same classification, promotion shall be made by the Chief from one (1) of the three (3)
highest ranking applicants. In the event two (2) or more applicants have the identical
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 scores after completion of the promotion process, the applicant with the most seniority shall
be accorded the higher ranking.
22.04 Within three (3) days after the position has been filled, the name of the employee promoted
will be posted on the Department bulletin board by the City with a copy to the Association.
22.05 Upon the request of an individual officer involved in the promotion process, a list of those
qualifying; that individual officer’s respective test scores, and final scores; and his/her
ultimate ranking shall be made available.
ARTICLE 23 – Personnel File Inspection
23.01 As allowed by law, employees shall receive copies of items placed in their personnel file.
Employees shall have the right to inspect their personnel file not more than two (2) times
per calendar year, to make written rebuttal and/or explanatory statements, and obtain
copies of said file in accordance with the provisions of State Statute.
23.02 Employees who are involved in any form of disciplinary action and/or are involved in the
grievance procedure set forth in Article 11, shall designate in writing to the City an
Association representative to inspect and make copies of appropriate portions of the
employee’s personnel file which may have a bearing on the resolution of the matter
pending, regardless of the number of prior requests the employee has made to inspect
his/her personnel file.
ARTICLE 24 – Duration
24.01 This Agreement shall be binding on both parties hereto and shall be effective as the 1st day
of January 2019 and shall remain in full force and effect until and including the 31st day of
December 2021 and shall be automatically renewed from year to year unless negotiations
are instituted by August 1st of any subsequent effective year.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __________ day
of October 2019.

WAUKESHA PROFESSIONAL
POLICE ASSOCIATION

CITY OF WAUKESHA

Tim Probst, President

Shawn Reilly, Mayor

__
Andy Jicha, Bargaining Chairperson

Gina Kozlik, City Clerk/Treasurer

____________
James Schumitsch, WPPA

Kevin Lahner, City Administrator

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 Biweekly Salary Schedules

1/1/2019
2.25%

1/1/2020
2.25%

1/1/2021
2.25%

$3,100.00
$3,178.60
$3,257.24

$3,169.75
$3,250.12
$3,330.53

$3,241.07
$3,323.25
$3,405.47

Police
Specialist
Start
12 month
24 month

$3,046.23
$3,082.97
$3,130.62

$3,114.77
$3,152.34
$3,201.06

$3,184.85
$3,223.27
$3,273.08

Patrol
Officer
Start
12 month
24 month
36 month
48 month

$2,417.25
$2,621.16
$2,758.97
$2,845.92
$2,993.24

$2,471.64
$2,680.14
$2,821.05
$2,909.95
$3,060.59

$2,527.25
$2,740.44
$2,884.52
$2,975.42
$3,129.45

Detective
Start
12 month
24 month

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 Attachment B
MATTER OF MUTUAL UNDERSTANDING
UN-EXCUSED SICK LEAVE
As a matter of mutual understanding between this Administration and the Waukesha
Professional Police Association, Local 17, on a reasonable limit of unexcused sick leave
within a calendar year and Administrative alternatives for those employees who abuse
these reasonable limits, the following is established:
Both parties here agree that the majority of employees in the WPPA, Local 17, have
maintained on their own, reasonable unexcused sick leave. There are, however, those
few employees that go beyond reasonable limits and not only cause staffing problems for
the Administration, but also jeopardize the Association’s current contractual sick leave
parameters.
It is mutually understood and agreed that the Administration, through its supervisors, will
monitor employee unexcused sick leave using as a reasonable baseline one (1) unexcused
sick day per month.
Supervisors shall review the unexcused sick days of their subordinates every three (3)
months. Upon detecting an employee exceeding the above stated baseline, supervision
shall counsel the employee for his/her second unexcused sick day exceeding the one (1)
day per month baseline. Upon detecting any subsequent unexcused sick days exceeding
that baseline, the employee’s supervisors may take one of the following administrative
corrective measures to bring the involved employee’s unexcused sick days within the
baseline stated previously. In their deliberations as to the need to use corrective
measures relevant to that individual employee, supervisors shall review the employee’s
past three (3) years of unexcused sick days to determine if excessive sick days have
existed.
PERMISSIBLE ADMINISTRATIVE CORRECTIVE MEASURES
1. Remove or deny employee from participation in special assignments for up to sixty
(60) days or balance of the calendar year.
2. Deny specialty schools for up to sixty (60) days. Does not include IN-SERVICE or
any other department mandated training.
3. Deny overtime outside of that associated with the employee’s normal shift
duties/court/department mandated overtime for up to sixty (60) days.
This
precludes the employee from volunteering to work available overtime staffing days
on any shift.
4. Deny part-time work requests or rescind prior approval to work part-time for up to
sixty (60) days.
5. Make a supervisory referral of the involved employee to the Employee Assistance
Program.
Where Administrative Corrective Measures have been taken near the end of the calendar
year, those measures carry over into the following year. However, the employee’s
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 baseline of one (1) day per month for the new calendar year starts as of 12:01 a.m. on
January 1st.
ADMINISTRATIVE CORRECTIVE MEASURES
EXAMPLES OF APPLICATION FOR SUPERVISORS
The agreed upon baseline of reasonable unexcused sick days per individual employee is
one (1) day per month in a given calendar year with that employees’ past three (3) years
reviewed to determine if administrative corrective measures are warranted.
The review of the employee’s past three (3) years of unexcused sick days is to give those
employees who have had no sick days or had a reasonable amount of sick days during the
past years consideration for their past record. It will also aid the supervisor(s) in
identifying those employees who have a pattern of questionable unexcused sick time over
a three (3) year period and corrective measures may correct this problem with individual
employees.
In your review of an individual subordinate’s unexcused sick days quarterly and the
format established in the Matter of Mutual Understanding between the Association and
this Administration, the following is how this system with work. Remember, the two (2)
extra days exceeding the baseline can be applied one (1) time only. However, it does
affect the progression of the application later.
EXAMPLES:
1. January through March, the employee has three (3) unexcused sick days – no
administrative action is warranted.
2. January through March, the employee has five (5) unexcused sick days exceeding
the baseline by two (2) days. The supervisor counsels the employee on his/her sick
days, advising that any further days exceeding the baseline may result in
administrative corrective measures.
3. January through March, the employee has six (6) unexcused sick days, the
employee shall be counseled and administrative measures may also be taken if the
supervisor determines they are warranted based upon a review of that employee’s
past three years of unexcused sick days.
Supervisors must consider the fact that it is possible for any employee to incur a shortterm illness. Some employees can have an excellent sick leave record for years, then one
year, they have several one-two day sick days within weeks or months. It is those few
that have established patterns over the years to use a sick day for the slightest thing and
are above their peers in sick days.
The Administration does not see that this process will be used a great deal, but it is there
as a means for warning/correction of the individual employee by supervisors where
problems arise.

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