HomeMy WebLinkAbout2021-114-12/07/2021-APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH NORTHERN COLORADO LODGE #3 OF THE FRATERNAL ORDER OCOLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF FORT COLLINS, COLORADO
AND
THE NORTHERN COLORADO LODGE #3,
COLORADO FRATERNAL ORDER OF POLICE
JANUARY 1, 2022 – DECEMBER 31, 2024
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TABLE OF CONTENTS
Page #
Art. 1: PREAMBLE 5
Art. 2: LENGTH OF AGREEMENT 5
Art. 3: DISCRIMINATION 5
Art. 4: MANAGEMENT RIGHTS 6
Art. 5: COMMUNICATION TO BARGAINING UNIT MEMBERS 7
Art. 6: FRATERNAL ORDER OF POLICE DUES DESIGNATION 7
Art. 7: FOP STATUS AND RIGHTS 8
Art. 8: SALARY 10
Art. 9: OVERTIME COMPENSATION 11
Art. 10: SUBPOENAED COURT APPEARANCES 14
Art. 11: FILINGS AND MEETINGS WITH THE DISTRICT ATTORNEY 15
AND DEPARTMENTALLY SCHEDULED MEETINGS
Art. 12: STANDBY COMPENSATION 15
Art. 13: IMMEDIATE CALL TO DUTY 16
Art. 14: ON-CALL COMPENSATION 16
Art. 15: ORDER-IN 17
Art. 16: CANINE HANDLER, FTO, AND CTO COMPENSATION 18
Art. 17: CLOTHING COMPENSATION 19
Art. 18: VACATION LEAVE 20
Art. 19: HOLIDAY LEAVE 21
Art. 20: MILITARY LEAVE 24
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Art. 21: BEREAVEMENT LEAVE 26
Art. 22: JURY DUTY LEAVE 27
Art. 23: EMERGENCY LEAVE 27
Art. 24: INJURY LEAVE 27
Art. 25: ADMINISTRATIVE LEAVE 31
Art. 26: EXTENDED LEAVE OF ABSENCE 37
Art. 27: TIME TRADES 39
Art. 28: AWARD TIME 40
Art. 29: INSURANCE 40
Art. 30: MODIFIED DUTY 41
Art. 31: SICK LEAVE 43
Art. 32: SHORT TERM DISABILITY LEAVE 49
Art. 33: PENSION AND DEATH AND DISABILITY CONTRIBUTION 55
Art. 34: POST EMPLOYMENT HEALTH PLAN AND DEFERRED COMPENSATION 55
Art. 35: PROCEDURES FOR ADMINISTRATIVE INVESTIGATIONS 58
Art. 36: CONTRACT GRIEVANCE 62
Art. 37: DISCIPLINARY GRIEVANCE 65
Art. 38: FURLOUGHS AND LAYOFFS 70
Art. 39: FITNESS TESTING 71
Art. 40: EMPLOYEE ASSISTANCE PROGRAM 72
Art. 41: SENIORITY 73
Art. 42: NO STRIKES/ LOCKOUTS 76
Art. 43: LINE OF DUTY DEATH 76
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Art. 44: PAYMENT OF BENEFITS UPON SEPARATION OR DEATH 77
Art. 45: UNIFORM PIN 77
Art. 46: UNIFORMS AND EQUIPMENT 77
Art. 47: COMMUNICATIONS APPAREL 78
Art. 48: SCHEDULING 78
Art. 49: PROMOTION PROCEDURES 79
Art. 50: EDUCATIONAL REIMBURSEMENT 80
Art. 51: DAYLIGHT SAVINGS TIME 81
Art. 52: BARGAINING UNIT MEMBER INFORMATION 81
Art. 53: SEVERABILITY 81
Art. 54: TRAINING AND TRAVEL 81
Art. 55: DISTRIBUTION OF THE AGREEMENT 82
Art. 56: RANK DIFFERENTIAL 83
Art. 57: LABOR MANAGEMENT COMMITTEE 83
Art. 58: EMERGENCY PAY 83
Art. 59: COMPLIANCE 84
Art. 60: DEFINITIONS 84
Art. 61: SIGNATURES 85
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Article 1: PREAMBLE
This Agreement entered into between the CITY OF FORT COLLINS (hereinafter
referred to as “City”), and the NORTHERN COLORADO LODGE #3, COLORADO
FRATERNAL ORDER OF POLICE (hereinafter referred to as "FOP") has as its
purpose the establishment of a productive relationship between the C ity and the
FOP, and to set compensation and certain other conditions of employment subject to
the provisions of the City Charter. The Agreement is in accordance with those
provisions of Division 7 of Article VII, Chapter 2 of the City Code, which continue to
be in effect in accordance with the Order and Final Judgment in City of Fort Collins,
et al v. Northern Colorado Lodge #3, Colorado Fraternal Order of Police, Case No.
05-cv-1146. The City recognizes the Northern Colorado Lodge #3, Colorado
Fraternal Order of Police as the sole and exclusive bargaining agent for the
members of the Bargaining Unit, which consists of all full time sworn police officers
maintaining the rank of Lieutenant and below of the Police Department of the City of
Fort Collins, and Community Service Officers and Dispatchers of the Police
Department equivalent to the rank of Lieutenant /Manager or below.
Article 2: LENGTH OF AGREEMENT
The terms of this Agreement shall be in effect from January 1, 2022 through
December 31, 2024. There are no Agreement openers unless both sides agree an
opener is needed for a particular subject and specified in this Agreement. Nothing
shall preclude the parties from agreeing to enter into Memorandums of
Understanding (“MOUs”) from time to time concerning matters of contract
interpretation.
Article 3: DISCRIMINATION
The City and the FOP agree not to discriminate against any employee covered by
this Agreement on account of FOP or City activity, or membership or non-
membership in the FOP.
The provisions of this Agreement shall apply equally to all covered employees,
without regard to sex, marital status, race, color, creed, national origin, age, religion,
or disability. The City shall not discriminate against any employee because the
employee has formed, joined, or chosen to be represented by the FOP.
The Parties shall not discriminate on the basis of sex, marital status, race, color,
creed, national origin, age, religion, or disability.
Article 4: MANAGEMENT RIGHTS
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A. Except where limited by express provisions elsewhere in this Agreement,
nothing in this Agreement shall be construed to restrict, limit or impair the
rights, powers and authority of the City as granted to it by constitutional
provision, statute, charter, existing ordinances, or special act, and the City
has the sole and exclusive right to exercise all rights and functions of
management, including but not limited:
1. To determine the overall mission of the City as a unit of government.
2. To maintain and improve the efficiency and effectiveness of City
operations.
3. To determine the services to be rendered, the operations to be
performed, the technology to be utilized, or the matters to be budgeted.
4. To determine the overall methods, processes, means, job
classifications or personnel by which City operations are to be
conducted.
5. To direct, supervise, hire, promote, transfer, assign, schedule, retain ,
or lay-off employees.
6. To suspend, discipline, discharge, and demote all employees.
7. To relieve employees from duties because of lack of work or funds, or
under conditions where the City determines continued work would be
inefficient or nonproductive.
8. To take whatever other actions may be necessary to carry out the
wishes of the public not otherwise specified herein or limited by a
collective bargaining contract.
9. To take any and all actions to carry out the mission of the City in cases
of emergency.
10. The determination of policy affecting the selection or training of new
employees.
11. The scheduling of operations, the establishment, amendment and
enforcement of Police Department rules, regulations and orders.
12. The transfer of work from one position to another within the Police
Department.
13. The determination of the number of ranks and number of personnel
within each rank or in each job classification.
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14. The introduction of new, improved, or different methods and
techniques of operation of the Police Department or a change in
existing methods and techniques.
B. In matters not specifically covered by language within this Agreement, the
City shall have the clear right to make unlimited decisions in such areas and
such decisions shall not be subject to the grievance procedure.
Article 5: COMMUNICATION TO BARGAINING UNIT MEMBERS
A. Bulletin Boards. The FOP shall be permitted to construct, install, and
maintain informational bulletin boards which shall display information relevant
to bargaining unit members. Bulletin boards shall be maintained at member
work sites. No obscene or objectionable material may be displayed on the
bulletin boards nor shall any officer, official, or employee of the City be held
up to public ridicule on the bulletin boards. The Chief of Police shall have the
right to determine the location of the bulletin boards.
B. Ballot Boxes. With the prior approval of the Chief of Police, the FOP shall be
permitted to place ballot boxes at the police department work sites for the
purpose of collecting member's votes on FOP issues subject t o ballot vote.
The Chief of Police shall be given notice before the ballot boxes are placed at
work sites. FOP ballot boxes shall be the property of the FOP.
C. Limitations on FOP Communications. All communication to members
involving methods specified in this Agreement shall be reasonable and limited
to providing information relevant to conducting normal FOP business and
providing information to members regarding FOP business or bargaining unit
representation. No communications in this manner shall be inflammatory,
derogatory, personally abusive, or in violation of the City's information delivery
policies.
D. Shift Meeting Attendance and Employee Work Areas. With the prior approval
from the appropriate supervisor, the Department shall allow members of the
Bargaining Unit to make presentations, or answer questions at shift briefings
and other employee meetings. Such activity shall not interfere with
department operations.
Article 6: FRATERNAL ORDER OF POLICE DUES DESIGNATION
A. The FOP will prepare and distribute to Bargaining Unit members a form that
allows the members to choose between the following options pertaining to
costs associated with collective bargaining:
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1. Join the FOP and pay the full amount of dues, as determined by the
FOP.
2. Pay a “fair share” amount as determined by the FOP, based upon the
prior two year’s costs associated with collective bargaining.
3. Elect to pay nothing.
B. The City agrees to deduct FOP dues, fair share and assessments from the
pay of such employees who individually request in writing that such
deductions be made on a form agreeable to the City. The dues and
assessments shall be deducted from the second paycheck of each calendar
month and forwarded within 10 days to a location or account as designated
by the FOP. The FOP shall certify to the City the amounts of the dues and
assessments to be deducted. The FOP shall provide the City payroll
department not less than 14 days written notice of a change in d eduction
amount. The request for deduction from pay may be revoked by the employee
by providing the City Payroll Department with not less than 14 days written
notice. Within 14 days of the date of receipt of a member’s notice of
discontinuance of dues or assessment payroll deductions, the City will
provide a copy of such request for discontinuance to the FOP.
C. The FOP agrees that it will indemnify and save the City harmless from all
suits, actions, and claims against the City or persons acting on behalf of the
City whether for damages, compensation, or any combination thereof, arising
out of the City's compliance with the terms of this provision. The FOP shall
reimburse the City for any and all reasonable costs and reasonable attorneys'
fees arising out of the defense of any such action against the City.
D. On or before the 15th day of each calendar month, the City shall provide an
accounting to the FOP of all members of the Bargaining Unit and of the
amount of deduction, if any, made on behalf of such member.
Article 7: FOP STATUS AND RIGHTS
A. Right of Organization. Bargaining Unit members shall have the right to join
and participate in the FOP.
B. Right of Representation. Bargaining Unit members shall have the right to be
represented by the FOP to negotiate collectively with the City in the
determination of certain conditions of employment, and the administration of
grievances for the purposes of administering this Agreement.
C. Release for FOP Business. The designated FOP Chief Negotiator, who is a
member of the Bargaining Unit, shall be released from duty and compensated
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by the City at the individual’s regular rate of pay for up to eighty (80) hours.
The Chief Negotiator, with supervisory approval, shall determine when and
how they use those 80 hours during the negotiation year. The time off shall be
used to prepare for the upcoming bargaining session(s).
During negotiations, up to three (3) additional FOP bargaining unit employees
will be released from duty and compensated by the City at the individual’s
regular rate of pay one hour prior to the start of negotiations at the table, while
at the bargaining table and one hour after the conclusion of that day ’s
negotiation session. All time spent by the FOP Chief Negotiator and these
employees at the bargaining table, up to a total maximum of eighty (80)
hours, shall be paid at straight time by the City and shall not be considered
hours worked under the Fair Labor Standards Act for purposes of calculating
overtime.
D. FOP Leave Time Bank. The City and the FOP agree to create the FOP
Leave Time Bank for the sole and exclusive use of the FOP in accordance
with this Article. The FOP Leave Bank shall be funded by the voluntary
donations of leave time made by members of the bargaining unit, drawn from
the member’s vacation, holiday and/or award time leave banks available
during the leave benefit year.
Donations of leave time from any one member shall be in an amount of not
greater than ten (10) hours of leave time per leave benefit year. Donations of
leave time shall be made by members in the pay periods immediately
following February 1st and December 1 st of each calendar year.
The FOP Leave Time Bank shall be utilized on an hour for hour basis by the
FOP in its discretion solely for the purposes of having a representative(s)
participate in negotiations with the City, attend local, state, and national FOP
conferences, meetings, seminars and training; attending other training or
functions related to labor/management relations, and/or attending to FOP
business. The use of Leave Time will be reported to Payroll in the pay period
it is used. Donated leave time maintained in the FOP Leave Time Bank shall
be carried over from one leave benefit year to the next to a maximum of four
hundred (400) hours.
While the authorization to draw hours from the FOP Leave Time Bank is
solely within the discretion of the FOP, the employee who will u se the leave
must request authorization for absence from normal duty shifts and
responsibilities and is subject to supervisory approval. Time drawn from the
FOP Leave Time Bank shall not be considered hours worked under the Fair
Labor Standards Act for purposes of calculating overtime.
Article 8: SALARY
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Compensation is dependent on a combination of attained skill level and
market data . Compensation adjustments are achieved when an employee
advances to the next skill level by achieving the expected outcomes and
accomplishments in established skill level performance standards. Employees who
are on a performance improvement plan are ineligible to receive a market
increase at the time annual adjustments are made. However, an employee who
successfully completes the performance improvement plan and maintains one
full quarter (QPA Cycle) of satisfactory job performance (“on -track” or
“outperforming” performance rating), based on his/her supervisor’s
recommendation, is eligible for an appropriate market increase that was provided
to others in the same position and skill level at the time market adjustments were
made. The increase will be effective on the first day of the pay period following
the completion of the full quarter of the achieved “on -track” or “outperforming”
performance.
If market data shows a decrease in market pay, compensation for employees in
that position will remain unchanged and will not decrease.
Salary Levels
By no later than January 12, the parties will meet to reconcil e the Market-Based Pay
Data Collection and the approved Market-Based Pay Schedules, the Market-Based
Pay Schedule for the jobs specified below:
• Police Officer
• Police Corporal
•
• Police Sergeant
• Police Lieutenant
• Community Service Officer
• Community Service Officer Supervisor
• Communications Dispatcher
• Communications Senior Dispatcher (if implemented)
• Communications Supervisor
• Communications Manager
Pay adjustments for all above-listed jobs shall be based on market data.
The City will collect all market data that is available not later than January 5 of
each year . This data shall be combined with any market data from the
previous year from those comparable jurisdictions that have not yet
announced current year market data. Market data shall be based upon the
previously agreed comparable jurisdictions: The City of Aurora, City of Arvada,
City of Boulder, City and County of Broomfield, City and County of Denver, City
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of Greeley, City of Lakewood, City of Longmont, City of Loveland, City of
Thornton, City of Westminster and Larimer County. Dispatcher market data will
consider that from Weld and Jefferson County combined centers.
Previously agreed upon job titles and pay range maximums from those
jurisdictions, where applicable, will be used to determine the average of the pay
range maximums including the 50% adjustment for agencies that set a higher
salary point for detectives within the officer job title.
• Skill Level 1 pay for Police Corporal will be set at 7% above Skill Level 5
Police Officer pay and Skill Level 2 Police Corporal pay will be set at 10%
above Skill Level 5 Police Officer pay.
•
• If implemented, Skill Level 1 pay for Senior Dispatcher will be set at 5%
above Skill Level 6 Dispatcher pay and Skill Level 2 Senior Dispatcher pay
will be set at 7% above Skill Level 6 Dispatcher pay.
• Skill Level 1 CSO Supervisor pay will be set at 15% above Skill Level 5
CSO pay and Skill Level 2 CSO Supervisor pay will be set at 20% above
Skill Level 5 CSO pay.
The adjusted market data for the comparable jurisdictions shall be rank ordered
from high to low and Bargaining Unit members’ salary levels for each job title
shall be determined for the top skill level, using the adjusted market data and
match the 4th ranking of the twelve comparable jurisdictions. In the event salary
increases are granted to the rest of the City of Fort Collins employees in excess
of the percentage increases determined by the formula outlined in this article, BU
members shall receive the higher of the two increases. In the event salary
increases are granted to the rest of the City of Fort Collins employees in excess
of the percentage increases determined by the formula outlined in this article, BU
members shall receive the higher of the two increases.
So long as all requested and necessary information is received in a timely
manner, awarded pay adjustments will be implemented no later than the second
pay period of January in the applicable year. However, in the event of
circumstances beyond the participating parties’ control or a delay in the receipt of
the requested salary survey data, and upon mutual agreement between
participating parties, the awarded pay adjustments may be implemented as of the
first pay period of February in the applicable year.
Article 9: OVERTIME COMPENSATION
A. Non-exempt employees shall be compensated for all time worked. Such
employees shall be compensated for overtime worked in accordance with
applicable state and federal laws and regulations and pursuant to this
provision.
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B. All employees shall be on a seven-day, 40-hour work period schedule. The
work period shall start at 0001 hours of each Monday and run for a seven
consecutive day period. The reporting of work time shall use one -tenth of an
hour (six minutes) system.
C. Overtime compensation may be in the form of wages, known as “overtime
pay,” or time off, known as “compensatory time.” Only non-exempt
employees are eligible to earn overtime pay or earn or use compensatory
time. Exempt employees are ineligible to earn overtime pay or compensatory
time, except for limited operational deployment hours as approved by the
Deputy Chief of Police, an assistant chief, or the Director, and may informally
flex their time in accordance with City policy and as approved by the
employee’s supervisor.
D. Overtime pay shall be paid at a rate of time-and-one-half, based on the
employee’s hourly rate.
E. In lieu of overtime pay, non-exempt employees may request to accrue
compensatory time, and supervisors have the discretion to grant or deny such
requests based upon personnel needs, budgetary constraints, and other
business reasons. One-and-one-half hours of compensatory time is earned
for each hour of overtime worked.
An employee in the Communications career line shall not accrue more than
one hundred twenty (120) hours of compensatory time unless the advance
permission of the employee’s Assistant Chief or Director is obtained. An
employee in Sworn positions and Community Service Officers shall not
accrue more than one hundred twenty (120) hours of compensatory time
unless the advanced permission of the employee’s Deputy or an assistant
chief is obtained. In no event shall an employee accrue more than two
hundred forty (240) hours of compensatory time. Employees must have prior
approval before utilizing accrued compensatory time. Such factors as
workload, minimum staffing requirements, overtime costs for replacement
employees and resource availability shall be taken into account prior to
granting approval to determine whether the grant of compensatory time would
be unduly disruptive to the operation of the Agency.
Upon the request of an employee for use of compensatory time, the City will
attempt to allow the use of compensatory time within one hundred twenty
(120) days of the request. Use of accrued compensatory time shall not be
used for imposing or affecting disciplinary action. Employees may request
payment for their accrued compensatory time by making a written request to
their supervisor. The City may, in its sole discretion, approve or deny the
request. Additionally, the City may, in its sole discretion, when the City
determines it cannot grant use of compensatory time within one hundred
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twenty (120) days and the employee has not withdrawn his/her request, cash
out the employee for the requested compensatory time amount, whether or
not the employee has requested payment. Compensatory time shall be
convertible to cash payment at the time of termination of employment.
F. All requests for overtime compensation (pay or compen satory time) must be
approved in advance when possible, by a Department supervisor.
G. All non-exempt employees shall be advised by their supervisor of their official
daily starting time and quitting time. Such employees are not authorized to
start work prior to their officially scheduled starting time, nor are they
authorized to work beyond their officially scheduled quitting time without prior
supervisory approval. This paragraph shall not apply to those situations
where a police officer responds to a police emergency or takes action on
observed violations while operating a police vehicle.
H. Non-exempt employees shall only receive overtime compensation in any of
the following situations:
1. Hours actually worked (including Standby Compensation per that
provision of this Agreement) exceeds 40 hours in the seven -day work
period.
2. The combination of hours actually worked (including Standby
Compensation per that provision of this Agreement) and the use of
holiday, vacation, emergency, compensatory, award, or sick leave
exceeds 40 hours in the seven-day work period. For purposes of
determining eligibility for overtime compensation, employees may not
use more than 40 hours of the specified leave in any work period, nor
may an employee use more than 8 or 10 hours of the specified paid
leave in any workday, depending upon the length of the employee’s
regularly scheduled workday.
3. Hours an employee is required to work when the employee was
previously approved by his/her supervisor to be on vacation, holiday,
compensatory, or award time leave.
4. Hours for Subpoenaed Court Appearances Time per that provision of
this Agreement.
5. Hours for Immediate Call to Duty Time per that provision of this
Agreement.
I. Supervisors may adjust any employee’s work schedule within the designated
work period to reduce the impact of overtime compensation within the stated
work period.
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J. With the exceptions of sworn police officers and community service officers
working a patrol schedule and dispatchers, meal breaks will not be
compensated unless work demands are such that it precludes an employee
from taking a meal break. Employees shall be relieved of all duties, including
answering the telephone, and be free to leave their duty post during their non-
compensated meal breaks. Except for sworn police officers working a Patrol
schedule and dispatchers, prior supervisory approval must be obtained for
compensation of meal breaks.
Article 10: SUBPOENAED COURT APPEARANCES
A. This article applies to non-exempt employees placed on the Municipal Court
docket or who receive subpoenas requiring their appearance in court or DOR
hearings (including Express Consent hearings).
B. Since the granting of overtime is based on Agency need, should both the
prosecutor’s office and the court (or, in the case of a DOR matter, the hearing
officer) excuse a non-exempt employee from further testimony, the continued
presence of the employee in the proceedings will not be compensable. Prior
to testimony, or upon the completion of testimony, the employee shall, to the
extent possible, seek to determine if his/her continued presence is required. If
it appears that the employee is not needed for further testimony, they shall
request to be excused.
C. Court-related meal breaks shall not be compensated.
D. Non-exempt employees shall submit their overtime entries/reports as soon as
possible after a court appearance to a supervisor for approval.
E. Off-duty attendance at any court or DOR hearing pursuant to this article will
be compensated at time and one-half for either the actual time the non-
exempt employee spends or for two (2) hours, whichever is greater, provided
that the two (2) hour minimum does not overlap with the employee’s regularly
scheduled work hours. At the request of the employee and with the approval
of the supervisor, the employee may be granted compensatory time in lieu of
overtime compensation.
F. Employees may receive the two-hour minimum compensation for up to two
(2) times per day. In the event there are three (3) scheduled meetings, time
will be compensated at the rate of actual time spent in addition to the two (2)
two-hour minimums.
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Article 11: FILINGS AND MEETINGS WITH THE DISTRICT ATTORNEY AND
DEPARTMENTALLY SCHEDULED MEETINGS
A. The need for a non-exempt employee to file a case with the District Attorney’s
Office outside of his/her scheduled duty shift, or attend required meetings with
the District Attorney’s Office scheduled outside a non-exempt employee’s
duty shift shall not be considered subpoenaed court appearance status and
shall be considered as overtime. Employees will be compensated for either
the actual time spent completing such filings and attending such meetings or
for the minimum of two (2) hours at the rate of time and one -half (after the
employee has reached their 40-hour work week), whichever is greater,
provided that the two (2) hour minimum does not overlap with the employee’s
regularly scheduled work hours or with any subpoenaed court appearance
time as described in the prior Article.
B. The need for a non-exempt employee to attend a Departmentally scheduled
meeting outside the employee’s regular duty shift shall be considered as
overtime and they will be compensated in accordance with Article 9.
Employees required to attend will be compensated for either the actual time
spent at such meeting or for the minimum of two (2) hours at the rate of time
and one-half (after the employee has reached their 40 -hour work week),
whichever is greater, provided that the two (2) hour minimum does not
overlap with the employee’s regularly scheduled work.
C. The employee must have the approval of their immediate supervisor, or the
one requiring their attendance, prior to attending any meeting scheduled for a
time outside the employee’s scheduled duty shift .
Article 12: STANDBY COMPENSATION
A. “Standby status” is defined as a non-exempt employee having been
instructed by any person serving in a supervisory capacity to be available for
immediate call to duty. Standby status is in effect any time the department
restricts an employee so that the employee must be immediately available to
respond to duty via notification by electronic messaging, telephone, or any
other accepted method of notification. Standby compensation shall
commence at the time that the restriction begins, as designated by the
supervisor. Standby status will end at the notification of the employee by a
person in a supervisory capacity or at the predetermined scheduled
conclusion. The department shall notify the employee of the standby hours,
when possible, at the initial standby notification. Time spent on designated
standby status shall be considered time worked for the calculation of overtime
within a work week. Stand-by status is much more restrictive than On-Call
status.
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Article 13: IMMEDIATE CALL TO DUTY
A. Immediate Call To Duty is defined as the right of the City to require an
employee to immediately respond to duty at a time other than the employee's
normally scheduled shift in response to an emergency situation as defined in
the sole discretion of the City. For an Immedia te Call To Duty, Call To Duty
time shall commence at the time the employee is given notice of Call To Duty
and will end when the appropriate supervisor releases him or her from duty.
Employees who have been placed On Call or on Standby shall not be eligibl e
for Immediate Call to Duty pay.
B. No employee shall have the right to receive Immediate Call To Duty time if
the reason the employee is being called back is to rectify a situation that is
the result of the employee's failure to complete a normally acc epted routine
shift task as determined by the employee's supervisor. Examples of routine
shift tasks are: completion of necessary documents, securing of special
equipment, downloading information from devices such as cameras or
completion of reports.
C. Immediate Call To Duty pay shall be a minimum of two (2) hours of overtime
pay or actual time worked at overtime rate, whichever is greater. However,
when the Immediate Call To Duty time is less than two (2) hours and is
contiguous to the employee’s scheduled shift, the two (2) hour minimum shall
not be applicable. At the request of the employee and with the approval of
the supervisor, the employee may be granted compensatory time in lieu of
overtime compensation.
Article 14: ON-CALL COMPENSATION
A. Employees required by the department to be On -Call and respond when
requested shall be compensated at the rate of one and one-half hours (1.5) of
straight time for each day for which the employee is On-Call. Employees may
choose to be paid in cash or compensatory time, with supervisor approval.
B. An Employee is on On-call status when he/she is directed to be available and
designated as On-call for a specified time period as determined by a
supervisor via telephone, pager, police radio, or other means of
communication so that they are available for and capable of reporting for work
within thirty (30) minutes. These individuals may be supplied with City
communication devices such as cellular phones, pagers or radios to ensure
their availability. On-call status limitations and response requirements are
less severe than those associated with Standby status, and the employee is
permitted to engage in personal activities that are not inconsistent with the
purposes for being On-Call.
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Article 15: ORDER-IN
A. Order-In
1. “Order-In” is defined as the right of the City to order an employee to report
for duty and work a shift/assignment at a future date and time, other than the
employee’s normally scheduled shift and/or assignment.
a. This article does not affect the call-out plans of collateral assignments
(e.g. SWAT).
b. Additionally, compensation for an order-in will be paid according to the
provisions of this article and employees are not also entitled to
compensation discussed in any other article (e.g. Article 14 On-call
Compensation).
2. The City should give notice as soon as it determines that an employee will
be ordered-in, and as soon as it determines an employee will be called -off
(cancelled), for the upcoming shift/assignment.
a. If that order-in notice comes less than 12 hours before the scheduled
start time, and the employee is eligible for overtime under Article 9:
i. The employee will receive two hours of pay at a rate of time -and-
one half, based on the employee’s hourly rate, or
ii. If the order-in is immediately before or after a previously scheduled
shift, the employee will be paid for hours worked during the order-
in assignment above the hours actually worked.
3. The City will Order-In employees using a seniority list based on each
employee’s service time in their current position or rank and will begin the
Order-In assignment with the employee with the least seniority, moving up
the list to those with most seniority, except as provided below.
a. Dispatch order-ins will utilize the “bucket hour” system as described in
the FCPS SOP manual.
b. In determining who will be ordered in, supervisors managing the
specific order-in shift/event may consider whether the next employee
on the list has vacation approved by a manager, is on-call in another
role for the agency, or whether utilizing that employee may violate any
management-approved policy.
c. The seniority list will refresh every January 1st.
4. The Order-In assignment shall commence at the time the scheduled
shift/assignment begins (as designated by the supervisor) and will end when
the appropriate supervisor releases the employee from duty, or the
scheduled shift/assignment is over.
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a. If an employee who works an Order-In shift is entitled to overtime
compensation (as required by Article 9), the employee will receive
such compensation including:
i. Off-duty attendance at any order-in assignment pursuant to this
article will be compensated at time and one-half for either the
actual time the non-exempt employee spends or for two (2) hours,
whichever is greater, provided that the two (2) hour minimum do es
not overlap with the employee’s regularly scheduled work hours.
B. Coverage Responsibility and Cancellation Compensation
1. The ordered-in employee is responsible for fulfilling the shift/assignment or
finding a replacement employee available and willing to replace the
employee.
2. If the City determines the employee is no longer needed for the
shift/assignment, a supervisor will contact the employee and inform them.
a. If the cancellation notice comes less than 24 hours prior to the
scheduled start time, and the employee is eligible for overtime under
Article 9, the employee will receive two hours of pay at a rate of time-
and-one-half, based on the employee’s hourly rate or if the order-in is
related to a shift, the employee may choose to work the original
assignment.
b. For the purposes of the call-in roster, that employee will be considered
to have worked the Order-In shift/assignment.
Article 16: CANINE HANDLER, FTO, AND CTO COMPENSATION
A. Canine handlers shall be compensated for the care and feeding of the canine
by adding nine percent (9%) to their rate of pay as established by their rank
and skill level.
B. Field Training Officers ("FTOs") and Communications Training Officers
("CTOs") shall receive nine (9) minutes of straight time compensation for
each sixty (60) minutes of authorized shift or agency-approved work activity in
which they work with their assigned trainee.
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Article 17: CLOTHING COMPENSATION
A. The purpose of a clothing allowance is to provide a means for employees to
offset the cost of purchasing “civilian” or “street” clothing in lieu of wearing the
Agency-issued uniform while on duty. It is not the intent of the clothing
allowance to furnish an employee with a complete wardrobe or expense
money for any other purpose. It is intended that the clothing purchased will
be suitable for on-duty appearance as determined by assignment and
Division approval.
B. The Chief of Police will designate employees of the department authorized to
receive a yearly clothing allowance. The annual (calendar year) amount of
the clothing allowance shall not exceed $425.
1. To help compensate for taxes that will be assessed to the employee for
this payment, the City will “gross up” the employee’s pay by 30% of the
dollar amount of the clothing allowance the employee utilizes in each year
it’s authorized to the employee.
C. Employees who are authorized to receive a clothing allowance are required to
submit a Clothing Allowance Request form, with receipts attached for clothing
purchased, to their immediate supervisor. Usually, clothing allowance funds
will be available to authorized employees during the month of January of each
year. Allowance payments may be requested at any time during the year until
the designated limit is reached.
D. Newly assigned employees will be permitted to receive a prorated allowance
based on the date of their assignment.
E. Items purchased during the month of December may be submi tted for
payment in the next year if they only draw on funding from the year of
purchase.
F. A clothing allowance payment will only be used for the purchase of the
following business casual attire (socks and undergarments are not authorized
items):
1. Men’s suit, sports coat, or trousers;
2. Women’s pants, dress, skirt, or suit;
3. Shirts or blouses;
4. Neck ties;
5. Belts;
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6. Shoes;
7. Overcoats.
G. Employees who wear Department issued uniforms on duty are permitted to
have those uniforms laundered at the City's expense at a specified cleaner.
Employees who are authorized to receive a clothing allowance are permitted
to have items of personal clothing and their Department-issued uniforms
which have been worn on-duty laundered at the City’s expense at a specified
cleaner. This does not include polo-style or t-shirts unless dry-cleaning is
required for duty-related disinfection.
H. The City will not pay for alterations of personal clothing. The City will pay for
initial basic alterations (hemming and waist adjustment) of business clothing
primarily worn for duty-related work and will pay for repair of duty-related
damage to personal clothing when verified by a supervisor, and when the
damage is not caused by negligence.
Article 18: VACATION LEAVE
A. Employees are eligible to accrue vacation time beginning with the first day of
employment. Vacation time is accrued bi-weekly each pay period.
Employees cease accruing vacation time during any period of unpaid leave
which exceeds thirty (30) consecutive calendar days.
B. Full-time employees accrue vacation time in accordance with the schedules
and examples below.
C. Accrued vacation time may not be used until after the bi-weekly pay period in
which it was accrued. The City will not advance vacation time or advance
wages to employees in connection with use of vacation time.
D. Employees may carry over to a new leave benefit year up to twice the amount
of vacation time they are eligible to accrue as of the end date of the last pay
period paid within the leave benefit year, up to a maximum of 30 days (240
hours). For example, a full-time employee who has been employed with the
City for four years may carry over to the new leave benefit year a maximum of
30 days (240 hours) of vacation time.
E. All vacation time which cannot be carried over is forfeited after the end date of
the last pay period paid within the leave benefit year, unless an extension is
authorized by the City Manager.
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F. All accrued but unused vacation time is payable upon separation from
employment at the rate of one hour’s pay (at the employee’s regular hourly
rate at the time of termination) for each hour of vacation time.
G. Full-time employees accrue vacation time according to the following
schedule:
Years of Service from
Date of Hire
Vacation Hours Accrued
Per Pay Period
Total Days (8 hour)
Accrued Per Year
0-3 yrs (0-36 mos.) 4.62 hours 15 days
4-5 yrs (37-60 mos.) 4.92 hours 16 days
6-7 yrs (61-84 mos.) 5.23 hours 17 days
8-9 yrs (85-108 mos.) 5.54 hours 18 days
10-12 yrs (109-144 mos.) 6.15 hours 20 days
13-14 yrs (145-168 mos.) 6.46 hours 21 days
15-16 yrs (169-192 mos.) 6.77 hours 22 days
17-18 yrs (193-216 mos.) 7.08 hours 23 days
19-20 yrs (217-240 mos.) 7.38 hours 24 days
Over 20 yrs (241 mos. +) 7.69 hours 25 days
H. A break in employment with the City will result in a lo ss of years of service
credit. Only employment with the City in a classified or unclassified
management position will be counted in determining years of service.
Article 19: HOLIDAY LEAVE
A. Employees who are working or on paid leave at the time the holiday occurs
may receive paid holiday time. If a holiday occurs during a paid leave, with
the exception of the first 8 weeks of paid administrative leave, the employee
must record holiday time (if they still have holiday time available) instead of
the other paid leave. Employees on any unpaid leave are ineligible to receive
paid holiday time. In addition, employees leaving employment may not use
holiday time to extend their employment into the next calendar month.
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B. The designated holidays total eighty-eight (88) hours and the one floating
holiday totals eight (8) hours.
C. The City designates the following holidays each calendar year:
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veterans’ Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving
Christmas Day December 25th
Depending upon the cycle of the leave benefit year, employees are provided
with the designated holidays and one floating holiday. Employees are not
credited with and may not use the floating holiday until after they have
completed six continuous months of service.
D. Holidays that fall on a Saturday are generally observed on the preceding
Friday, and holidays that fall on a Sunday are generally observed on the
following Monday. The Christmas Day holiday often falls within the first pay
period of the following leave benefit year, so holiday time for that day will
usually be credited and appear on an employee’s time records for the
following leave benefit year.
E. Holiday hours are intended to be used on the designated holiday. Exempt
employees who work on a holiday must record actual hours worked and take
the holiday time off at a later date before the end of the leave benefit year.
Non-exempt employees who during their regularly scheduled shift are
required by a supervisor to work for 30 minutes or more on a holiday or the
City observed holiday, may, at their option, either:
1. Record only the hours worked and take the holiday time off on another
date before the end of the leave benefit year, or
2. Record on their time sheet up to the full number (8, 10, or 12) of hours
in their regular schedule as worked (overtime) on the holiday
(observed or designated) and record on their time sheet Holiday,
Floating Holiday, Vacation, Compensatory, or Award leave (straight
time) in an equal number of hours as those taken in overtime. If the
employee’s shift is fully contained in either the observed or designated
holiday, he/she will enter this type of leave on only one of those days.
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The employee cannot receive full payment of holiday pay for both the
observed holiday and designated holiday. In the event the employee’s
shift(s) for a particular holiday cover part of each of a designated and
observed holiday and they intend to record overtime and leave as
described in this section, the employee will record those hours worked
on either the observed or designated holiday up to the maximum hours
in one of the employee’s standard authorized shifts (i.e., 8, 10 or 12
hours.) The employee cannot receive full payment of holiday pay for
both the observed holiday and designated holiday.
F. Non-exempt employees who work on a holiday or the City observed holiday
that is not part of their normal schedule, will be paid double time for the
number of hours worked on the actual holiday or City observed holiday if they
are required by a supervisor to work or if the employee volunteered to work in
response to a supervisor’s request or an Agency work sign -up (ie. New West
Fest). The employee cannot receive full payment of holiday pay for both the
observed holiday and designated holiday. In the event the employee’s
assigned shift(s) for a particular holiday cover/s part of each of a designated
and observed holiday, the employee may record in six (6) minute increments
any combination of hours worked on the observed and designated holidays
up to the maximum hours in the assigned shifts.
G. When a holiday occurs on an employee’s scheduled day off, the employee
may schedule time off with holiday pay on an alternate date before the end of
the leave benefit year.
H. When members of the Bargaining Unit do not use all of their Holiday or
Floating Holiday leave by the end of the leave benefit year, no more than ten
(10) hours of unused Holiday time and Floating Holiday time combined will be
deposited from those unused balances into the FOP Time Bank, so long as
the “donating” employee has not already donated their maximum ten (10)
hours of time to the FOP, and only up to the overall maximum authorized four
hundred (400) hours within the FOP Time Bank. All other unused Holiday and
Floating Holiday time will be forfeited by the employee at the end of the final
pay period of the leave benefit year in which the holiday occurred.
I. Employees who actually work at least one full pay period in the new leave
benefit year are eligible either to use or to receive pay upon separation from
employment for accrued but unused floating holiday time which has not been
forfeited.
J. Only employees in positions that are required to work 24/7 shifts or who are
designated by the Chief of Police as routinely being required to work on
holidays are eligible to use holiday time prior to the date of the ho liday for
which holiday time is provided. If an employee uses holiday time early and
then terminates employment with the City prior to the date of the holiday, the
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holiday time that was used early shall be reimbursed to the City from the
employee’s accrued vacation time, if any, or will be deducted from the
employee’s payroll checks.
Article 20: MILITARY LEAVE
A. Eligible Employees. Employees are eligible to take military leave for active
duty or active or inactive duty training if they are members of the reserves or
enlisted in any branch of the United States Armed Forces or are members of
the National Guard of any state in the United States.
B. Length of Paid Leave.
1. Employees are provided with paid leave for a maximum of 15 working
days (120 hours for full-time employees, prorated for less than full-time
employees) per calendar year for active duty or active or inactive duty
training with the National Guard or any branch of the U.S. Armed
Forces.
2. After exhausting the 15 days of paid military leave, an employee may
choose to use accrued vacation time, compensatory time, and
personal leave time, if applicable, and/or take leave without pay for
active duty or active or inactive duty training with the National Guard or
any branch of the U.S. Armed Forces. If an employee chooses to use
the above-described accrued paid leave, such use must be at the rate
of 40 hours per week (prorated for part-time employees based on their
FTE) and can only be used during the initial portion of the leave. Once
the leave becomes unpaid, an employee cannot begin using accrued
paid leave. An employee may not use any other type of paid leave
during military leave, including, but not limited to sick leave, injury
leave, dependent care leave or emergency leave.
C. Continuation of Health Insurance.
1. After the first 30 continuous calendar days of unpaid leave for active
military service, the City-sponsored health insurance for the employee
and covered dependents will terminate. After coverage terminates, the
employee may elect to continue coverage at his or her own expense
and will be provided with detailed notice of the right to continue
coverage.
2. Employees who are reinstated after completing active duty or active or
inactive duty training will be eligible for immediate coverage under any
applicable health insurance plans existing at the time without a waiting
period.
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D. Seniority and Pension Plans. Employees who are participants in any 401(a)
defined contribution or City defined benefit retirement plan will continue to
accrue years of service for vesting purposes during periods of military leave,
and such leave will not constitute a break in service, so long as the employee
complies with requirements for reinstatement after completing active duty or
active or inactive duty training. During military leave, the employee’s accounts
will remain active and subject to fund transfers, changes in beneficiaries and
other changes.
E. Life and Disability Insurance. After the first 30 continuous calendar days of
unpaid leave for active military service, coverage under the life and disability
insurance plans sponsored by the City will terminate (check with FPPA
regarding continuation of coverage options). These plans may contain
limitations on coverage for death and disabilities which occur during a
declared or undeclared war. For more information about the policy provisions,
please contact the Human Resources Department for a copy of the summary
plan descriptions or policies, or contact the Fire & Police Pension Association
(FPPA) for details of that coverage.
F. Reinstatement. When all of the following conditions for reinstatement are met,
employees will be reinstated to the same position they had at the time the
military leave commenced or to a position of like seniority, status and pay.
1. The cumulative period of military service was no longer than five years
unless a longer period is required by federal or state law.
2. The individual employee must return to work or apply orally or in
writing for reinstatement in a timely manner, as defined by federal and
state law. While these laws contain exceptions which could extend the
time an employee has to return to work, they generally define timely
manner as follows:
a. Military service time of less than 31 days: reporting for work the
next regularly scheduled work-day following safe travel time
plus 8 hours.
b. Military service time of more than 30 days, but less than 181
days: submitting an application for reinstatement within 14 days
after release from military service.
c. Military service time of more than 180 days: submitting an
application for reinstatement within 90 days after release from
military service.
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3. The employee must provide documentation from the National Guard or
U.S. Armed Forces that he or she honorably completed military service
or active or inactive duty training, such as discharge papers.
4. An employee has the same right to reinstatement as if he or she had
been continuously employed during the leave period. For example, the
employee is not eligible for reinstatement if the job for which he or she
was hired was for a specific time period which expired or project which
was completed during the absence or if the position has been
abolished. The City’s circumstances must not have changed so as to
make it impossible or unreasonable for the employee to be reinstated.
5. The employee is qualified to perform the duties of the pre-service
position. If the employee is no longer qualified because of a disability,
he or she will be re-employed in another existing job that he or she is
capable of performing.
G. Lump-Sum Payment for Extended Military Leave.
1. After the first 30 continuous calendar days of unpaid leave for active
military service and providing the employee has exhausted all accrued
vacation leave, paid military leave, compensatory time and personal
leave time, if applicable, an employee on military leave shall be paid a
lump-sum amount of $500.00, less withholdings and deductions.
2. An employee shall only be eligible for this payment once in any twelve-
month period.
2. Multiple active-duty activations within a twelve-month period shall not
entitle an employee to more than one payment within that twelve-
month period. An employee is eligible for an additional payment if the
extended military leave lasts longer than twelve consecutive months.
This payment shall not be considered to be paid leave and therefore
will not extend the coverage period for City-sponsored health, life, or
disability insurance.
Article 21: BEREAVEMENT LEAVE
A. All City employees may request to take reasonable time off, up to a maximum
of five working days or 40 hours (includes any travel time), whichever is less,
for bereavement leave for the death of or an anticipated death of an
employee’s family member, to include, spouse, child (both born and
miscarriages), parent, grandparent, grandchild, sibling, in-laws, foster parents
or siblings, half-family members, familial relationships associated with a
partner in a civil union, domestic partner, or anyone for whom the employee
or the employee's partner provide day-to-day care and financial support.
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B. Requests for bereavement leave must be made to the employee’s manager
as soon as the employee knows of the need for the leave.
C. In the event that an eligible employee exhausts their bereavement leave
allocation, the employee may use sick leave.
Article 22: JURY DUTY LEAVE
Employees will be paid while on jury duty up to a maximum of 25 working days in
any 12-month period. The amount of pay will be the difference between jury duty
fees paid and the employee’s regular wages once the employee furni shes the
Payroll Division with a statement showing the fees received. Any further time that an
employee serves on jury duty is unpaid by the City unless the employee chooses to
use accrued paid leave time, such as vacation or compensatory time.
Article 23: EMERGENCY LEAVE
A. Employees may request to take reasonable time off, up to a maximum of five
working days or 40 hours, whichever is less, per emergency, with pay for the
following types of emergencies:
1. A medical emergency of the employee only when the employee is
ineligible for sick leave or has exhausted his or her sick leave balance.
A medical emergency for the purpose of this section is defined as a
non-work-related injury, illness or disability which requires both medical
care by a physician or other health care practitioner, and admittance to
a health care facility;
2. A medical emergency (as defined above) of an employee’s family
member. A family member for purposes of this Article means the
employee’s child, spouse, civil union partner, sibling, parent,
grandparent or grandchild, including natural, step, in-law and foster
relatives, whether or not those relatives are living in the employee’s
home. “Family member” also includes any other relative of the
employee (in addition to those listed in the previous sentence) as long
as that other relative actually lives in the em ployee’s home.
B. Requests for emergency leave must be made to the employee’s supervisor
as soon as the employee knows of the need for the leave, but not later than
15 minutes after the beginning of the employee’s regular shift. Requests for
emergency leave may be granted or denied based on the above criteria at the
discretion of the supervisor.
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Article 24: INJURY LEAVE
A. Unlike sick leave which does not cover cases of work-related illnesses or
injuries, injury leave is paid time off for eligible employees who are placed off
work due to an injury or illness that arose out of and occurred in the course
and scope of employment with the City. Injury leave is paid in lieu of
temporary disability payments.
B. Eligible Employees.
1. Employees are eligible to use injury leave. Part-time employees are
eligible for injury leave on a pro rata basis based on the number of
hours they are regularly scheduled to work each workweek.
2. Any employee who is unable to work because of an injury sustained a s
a result, in whole or in part, of his or her violation of a department or
City rule or policy pertaining to safety, as determined in the sole
discretion of the City, is ineligible to use injury leave.
3. Any employee who has willfully misled the City concerning the
employee’s physical ability to perform the job and is subsequently
injured on the job as a result, in whole or in part, of the physical ability
about which the employee willfully misled the employer, is ineligible to
use injury leave.
C. Injury Reporting. Employees who are injured on the job, however slightly, or
learn that they have an occupational illness, injury or disability must
immediately report such information to their supervisors and Safety and Risk
Management (SRM). Employees are also required to comply with the City’s
workers’ compensation program requirements, including completing forms
and providing information requested by the SRM and the City’s designated
physician/ health care practitioner.
D. When Injury Leave May Be Used. Injury leave allows employees paid time
away from work in order to recover from temporary injuries and illnesses that
occurred in the course and scope of employment with the City. An eligible
employee’s use of injury leave will end upon reaching maximum medical
improvement as determined by the City’s designated physician. Injury leave
time may be used by employees under the following circumstances:
1. The City’s designated physician has placed the employee on a
temporary “no work” status because of an injury, illness, disease, or
temporary disability, including disability associated with any surgery,
arising out of and occurring in the course and scope of the employee’s
employment with the City;
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2. Necessary medical examinations and treatments for such injury,
illness, disease or temporary disability, and reasonable travel time to
and from a health care provider for that purpose;
3. The City, in the discretion of SRM or the City’s designated physician,
places the employee on injury leave rather than assigns modified duty
or alternative duties. If the employee is released to perform modified
duty and is offered such duty by the City, the employee must return to
modified duty. Employees who refuse modified duty are not eligible to
use injury leave.
E. Amount of Injury Leave Time.
1. During the first six months of employment, full-time employees receive
twenty-four (24) hours of injury leave.
2. After six months of employment, full-time employees receive a total of
130 days (1040 hours) of injury leave in any 24-month period.
3. There is no waiting period for employees to be eligible for injury leave.
The injury leave benefit is equal to 100% of the employee’s base pay.
4. Regardless of the number of work-related illnesses, injuries or
disabilities sustained, 1040 hours is the maximum time available in any
24-month period. For example, an employee with 1040 hours of injury
leave who used 100 hours of injury leave during January 1998 and
then used 40 hours during May 1998 would have 900 hours remaining
available through December 1999. In January 2000, this employee will
recover the 100 hours used in January 1998 and have 1000 hours
available. In May 2000, the employee will recover the 40 hours used in
May 1998 and (assuming no other use) again have 1040 hours
available.
F. Notice of Absence to Employee’s Department and Risk Management .
1. An employee who reports an occupational injury or illness is evaluated
by the City’s designated physician, who completes a Work Status
Report after each visit. The report notifies the employee and supervisor
of the length of absence, if any, and any restrictions on the employee’s
job duties. Please contact SRM with any questions about the Work
Status Report or if the employee’s job duties cannot be conformed to
the restrictions.
2. Employees who know ahead of time about the need for injury leave
(e.g., an appointment or therapy) must notify their supervisors as soon
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as the need for leave becomes known. Employees who need to use
injury leave unexpectedly (e.g., sudden relapse) must immediately
contact the City’s designated physician for treatment and authorization
for absence, and also must notify their supervisor within 15 minutes
after the beginning of the shift each day of the absence, unless earlier
notice is required by a departmental work rule.
G. Continuation of Benefits During Injury Leave. During paid injury leave under
the terms of this Article, all benefits for which the employee is eligible will
continue as though the employee were at work.
H. Holiday Pay During Injury Leave. Employees who are eligible for paid holiday
time and who are on injury leave during a designated holiday will receive
holiday pay for that day in lieu of injury leave pay.
I. Return from Injury Leave.
1. Employees returning from injury leave may, at the sole discretion of the
City, be required to:
a. Complete a fitness for duty examination by a physician or other
health care provider designated and paid for by the City;
b. Obtain a release from that physician or health care provider
confirming that the employee is able to return to work without
endangering the health and safety of himself or herself or
others; and/or
c. Obtain a description satisfactory to the City of any restrictions
upon the employee’s work activities.
2. Employees returning from injury leave will be reinstated to the extent
required by law and may be temporarily placed on modified duty in
accordance with the Modified Duty Article.
J. Failure or Inability to Return from Injury Leave .
1. If employees do not return to work on the date expected back from
injury leave, their employment with the City may terminate, at the
discretion of the City.
2. Sometimes, employees may have exhausted all injury leave, be unable
to perform the essential functions of their positions with or without
reasonable accommodations, if applicable, but not have reached
“maximum medical improvement” according to the designated
physician. The following provisions apply to such circumstances:
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a. An employee may request to use sick leave, if eligible and if the
designated physician verifies that the employee is expected to
return and perform all essential functions of the regular position
with or without reasonable accommodations before the
employee’s sick leave balance is exhausted. Such a request
must be made in writing, along with the physician’s verification,
and directed to the Chief Human Resources Officer, who has
the discretion to grant or deny the request in whole or in part;
b. If an employee does not request to use sick leave, or if such a
request is denied, the employee will be placed on leave which is
unpaid by the City (but may be partially paid through the
Workers’ Compensation system) until one of the following
happens:
i. The employee is able to return to perform the essential
functions of the regular position with or without
reasonable accommodations, if appropriate; or
ii. The employee reaches “maximum medical improvement”
according to the designated physician;
c. The portions of the “Extended Leave” article regarding
“Compensation During Extended Leave” and “Benefits During
Extended Leave” apply to unpaid leaves under these
circumstances.
K. Applicability of Family and Medical Leave. Injury leave used for purposes of
an employee’s serious health condition will run concurrently with leave under
the Family and Medical Leave Act (“FMLA”).
L. No Payment upon Separation from Employment. Employees who have
available but unused injury leave at the time of separation of emp loyment
shall not be paid for such unused leave.
Article 25: ADMINISTRATIVE LEAVE
A. Paid Administrative Leave
1. Leave Is Required at City’s Discretion. Employees may be required
by the City to go on paid administrative leave at any time with or
without cause or notice at the sole discretion of the City. Such notice
shall be in writing to the affected employee. Circumstances under
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which such a leave may occur include, but are not limited to, the
following:
a. To make inquiries into or investigate a work-related matter;
b. To remove the employee from the workplace pending a pre -
deprivation hearing or decision;
c. To protect the employee;
d. To protect the public;
e. To protect other employees or property in the workplace; or
f. To further any other work-related or business-related purpose.
2. Effect on Wages and Benefits. During paid administrative leave,
employees will continue to receive benefits as if they were present at
work.
3. Employee Required to Remain Available. Employees on paid
administrative leave must remain available so they can be contacted
by telephone or personally during normal working hours from 0800 -
1700, excluding the noon lunch hour, Monday through F riday. This
means an employee on paid administrative leave may not consider
the leave time as vacation or personal time. The employee must
provide the supervisor with telephone numbers where he or she can
be reached during normal working hours and must promptly return
calls from the supervisor or the Human Resources Department. In
addition, the employee must obtain prior permission of the Deputy
Chief, an assistant chief, Director or his/her designee, who placed the
employee on administrative leave, to use accrued vacation,
compensatory, holiday, or award time in order to be away from his or
her residence for longer than a single workday.
4. Paid administrative leave time shall supersede holiday time on a
designated holiday that occurs within the first eight weeks of being
placed on administrative leave. If an employee who has been placed
on paid administrative leave exceeds eight weeks in that status, then
the employee will use holiday time for any further designated holidays
that occur while the employee is on paid administrative leave.
B. Unpaid Administrative Leave
Employees of the Bargaining Unit who have had charges filed against
them by local, state, or federal prosecutor’s office for any felony or any
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criminal charge that could result in a decertification, refusal to certify, or
refusal to recertify by the Colorado Peace Officer Standards and Training
(POST) Board may be placed on unpaid administrative leave under the
following circumstances:
1. Non-Voluntary Unpaid Leave –
An employee who has not completed his/her introductory period may be
placed on unpaid administrative leave at the sole discretion of the Chief
of Police or his/her designee. An employee who has completed his/her
introductory period and has had criminal charges, as describ ed under B
above, filed against him/her may be placed on unpaid administrative
leave if one of the following tests is met:
a. The criminal charge/s filed by a local, state or federal prosecutor’s
office involve a felony; OR
b. The criminal charge(s) filed by local, state or federal prosecutor’s
office, if true, could result a decertification, refusal to certify or
refusal to recertify for the employee by the POST Board; and
c. The available evidence is clear and convincing that the employee
committed the offense.
2. Procedures for Non-Voluntary Unpaid Leave
a. If a non-probationary employee has criminal charges filed against
him/her that meet the description in 1(a) or 1(b) and 1(c) above,
and the Chief/designee is considering placing that employee on
unpaid administrative leave, the Chief/designee will convene an
Advisory Board to provide opinion(s) to the Chief/designee as to
whether or not the criminal charge(s) could result in a terminable
offense or an offense that could result in decertification, refusal to
certify, or refusal to recertify by the POST Board, and whether the
evidence is clear and convincing that the employee committed the
offense. The Advisory Board shall be comprised of a manager from
within the City, appointed by the City Manager; an individual
appointed by the President of the FOP; and the Deputy Chief, an
assistant chief, or Director, that is not in the involved employee’s
chain of command, appointed by the Chief of Police. The Advisory
Board members shall be presented with the available case
documents, files, interviews, recordings and evidence to base their
opinion(s) upon. The Advisory Board members shall have five
business days to complete their opinions(s) once they receive the
case file. For an offense that could result in decertification, refusal
to certify, or refusal to recertify by the POST Board, the Advisory
Board members must agree unanimously as to whether or not to
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place the employee on unpaid administrative leave in order to put
their opinion(s) in writing for the Chief of Police/designee. In any
case, the Advisory Board members’ opinions are not binding on the
Chief’s/designee’s decision.
b. Before a classified employee who has completed the introductory
period may be placed on unpaid administrative leave, the employee
must be provided with a pre-decision hearing by the Chief/designee
for the purpose of providing the employee with the opportunity to be
heard and to present information concerning whether or not the
employee’s placement on unpaid administrative leave is consistent
with this Article and in the best interests of the City in maintaining
the public’s trust while the charges are pending. The employee
may, at the employee’s expense, have a member of the FOP or an
attorney present at the hearing to provide advice and assistance.
With the consent of the employee, the FOP may provide whatever
information it believes to be relevant to the Chief /designee’s
decision. Following this pre-decision hearing, the Chief of
Police/designee may place the employee on unpaid administrative
leave until the criminal charges are resolved or an administrative
investigation is concluded. The Chief/designee’s decision with
regard to unpaid administrative leave shall be fina l.
c. A determination by the Chief/designee regarding whether or not an
employee should be placed on unpaid administrative leave shall not
be subject to a contract (Article 36) or disciplinary (Article 37)
grievance. An employee retains all of the grievance rights set forth
in Article 37 in the event that discipline is imposed during or
following placement on unpaid administrative leave.
d. Following the disposition of a felony criminal case described in 1.a
above, the employee will remain on unpaid administrative leave, if
previously placed on unpaid administrative leave by the
Chief/designee, not to exceed six (6) months from the date the
case reached a disposition. In the event that the administrative
investigation is not completed within that time period, the employee
will be placed on paid administrative leave, pending the completion
of the administrative investigation. If the alleged felony violation is
sustained by the Internal Affairs investigator or the chain of review,
the affected employee is subject to disciplinary grievance process
described in Article 37 while on unpaid administrative leave.
e. Following the disposition of an employee’s court case involving a
charge described in 1.b above, the employee will remain on unpaid
administrative leave, if previously placed on unpaid administrative
leave by the Chief/designee. The administrative investigation will be
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completed as soon as possible, not to exceed sixty (60) days from
the date the criminal case reached a disposition. In the event that
the administrative investigation is not completed within that time
period, the employee will be placed on paid administrative leave,
pending the completion of the administrative investigation. If the
alleged offense that could result in a decertification, refusal to
certify, or refusal to recertify by the POST Board is sustained by the
internal affairs investigator or the chain of command, the affected
employee is subject to the disciplinary grievance process described
in Article 36 while on unpaid administrative leave.
f. Following all criminal proceedings, if the Internal Affairs Office and
the chain of review determine that the alleged felony or offense that
could result in decertification, refusal to certify, or refusal to recertify
by the POST Board is Not Sustained, is Unfounded, or is
Exonerated, the Chief/designee or City Manager will determine
within thirty (30) days if the employee will return to duty. If the
employee is returned to duty, back pay, including any retirement or
benefit payment(s) or accrual(s) will be issued to the employee, or
made on behalf of the employee, as soon as possible, but not to
exceed two pay periods from the date of that decision by the
Chief/designee or City Manager. This provision shall not be
applicable to an employee who requests to voluntarily go on unpaid
administrative leave, or does not prevent the imposition of
discipline, such as suspension without pay, as a result of an
administrative investigation.
g. An employee on unpaid administrative leave must provide a
designated supervisor with contact information where he or she can
be reached or messaged. The employee must reply to the
supervisor or the Human Resources Department within one
business day unless prior arrangements have been made for the
employee to be unavailable. During the Administrative Investigation
of an allegation that an employee has committed a felony or an
offense that could result in decertification, refusal to certify, or
refusal to recertify by the POST Board, the Internal Affairs Office
may compel the subject employee to provide an interview, in
accordance with Article 35 of this Agreement. Any hours associated
with a compelled interview, or any other investigatory m atters
requiring the employee’s presence will be considered hours worked
and will be paid at the employee’s normal hourly rate.
h. An employee who is placed on unpaid administrative leave by the
Chief of Police/designee may obtain outside non-police
employment that does not conflict with Agency policy or hiring
standards. Upon release from Unpaid Administrative Leave, the
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provisions of Policy 1040 pertaining to outside non -police
employment shall apply.
i. An employee, on unpaid administrative leave, will remain on the
City’s health, dental and vision insurance for as long as he/she
pays the employee’s portion of the premium. The employee’s
payment will be made on or before each paycheck date.
3. Voluntary Unpaid Leave Option
a. During the Administrative Investigation of an allegation that an
employee has committed a felony or an offense that could result in
a decertification, refusal to certify, or refusal to recertify by the
POST Board, the Internal Affairs Office, Chief of Police, or the
Chief’s designee, may compel the subject employee to provide an
interview, in accordance with Article 35 of this Agreement.
b. An employee who has had a felony charge or a charge that could
result in decertification, refusal to certify, or refusal to recertify by
the POST Board filed against him or her by a local, state or federal
prosecutor’s office, but who has not been placed on unpaid
administrative leave by the Chief/designee, may voluntarily request
to be placed on unpaid administrative leave to protect against self-
incrimination should a Garrity interview be compelled by the
agency. The request to be placed on unpaid administrative leav e
shall be made by the employee to the Chief Human Resources
Officer. Upon the employee’s request, the Chief Human Resources
Officer will consult with the President of the FOP and the granting
of unpaid administrative leave is subject to the approval of th e Chief
of Police/designee.
c. If the request to be placed on unpaid administrative leave is
granted, and the employee decides not to give a Garrity interview
about the criminal charges, it shall not be considered
insubordination or a violation of any policy regarding non-
compliance with the administrative investigation or order. However,
if there are other allegations of misconduct that are not elements of
the criminal charges, the City may compel an interview with the
employee regarding those allegations. Refusal to cooperate with
that interview shall be considered insubordination and a violation of
policy. Any hours associated with a compelled interview will be
considered hours worked and will be paid at the employee’s normal
hourly rate.
d. The City will continue the administrative investigation of the alleged
felony or offense that could result in a decertification, refusal to
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certify, or refusal to recertify by the POST Board. When the
investigation reaches a point where the employee’s interview is
necessary prior to concluding the investigation, and the criminal
case has not reached a disposition, the City will request the
employee to cooperate in that investigation and submit to an
interview. If the employee refuses and the City determines the
alleged felony or offense (that could result in a decertification,
refusal to certify, or refusal to recertify by the POST Board ) is
sustained without the employee’s interview, the employee may be
subject to disciplinary action, up to and including termination. The
employee’s refusal to cooperate is deemed to be a waiver of his/her
grievance rights under Article 36 or Article 37. When the
investigation reaches a point where the employee’s interview is
necessary prior to concluding the investigation, and the crimina l
case has reached a disposition, the employee is required to
cooperate in that investigation.
e. The employee may cooperate with the administrative investigation
at any time after being placed on voluntary unpaid administrative
leave. Following the employee’s decision to cooperate in the
administrative investigation, the employee will be placed on paid
administrative leave unless and until the provisions of this Article
pertaining to non-voluntary unpaid leave have been met. Once the
employee agrees to cooperate, the employee shall not be able to
change his/her mind and request to voluntarily be placed on unpaid
administrative leave.
f. An employee who is placed on unpaid administrative leave by the
Chief of Police or his/her designee may obtain outside non-police
employment that does not conflict with Agency policy or hiring
standards. Upon release from Unpaid Administrative Leave, the
provisions of FCPS Policy 1040 pertaining to outside non-police
employment shall apply.
g. An employee, on unpaid administrative leave, will remain on the
City’s health, dental, and vision insurance for as long as the
employee pays the employee’s portion of the premium. The
employee’s payment will be made on or before each paycheck
date.
Article 26: EXTENDED LEAVE OF ABSENCE
A. Employees may request an extended leave of absence without pay for a
maximum period of one year in any five-year period. Such a request must be
in writing and directed to the Chief of Police and the Chief Human Resources
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Officer. The request may be granted or denied at the sole discretion of the
City. In reaching such a decision, the City may, but is not obligated to,
consider factors including, but not limited to the following:
1. Whether the employee has performed satisfactorily;
2. The length of the employee’s service with the City;
3. The feasibility and cost of replacing the employee or reassigning work
during the period of requested leave.
B. Although extended leaves are without pay, employees may use any or all of
their accrued but unused vacation, compensatory time and holiday time
during the leave. Full-time employees electing to use paid time must do so at
the rate of 40 hours per week, and part-time employees must do so on a pro
rata basis based on their FTE. Employees may not use paid time after leave
without pay begins. Employees may not use any other type of paid leave
during an extended leave, including but not limited to sick leave, injury leave,
dependent care leave or emergency leave. Employees are ineligible to
receive holiday pay during the unpaid portion of an extended leave.
C. During any portion of the extended leave that is paid, and during the first 30
continuous calendar days of unpaid leave, an employee will continue to
participate in City-sponsored pension, deferred compensation, health
insurance, employee assistance program, vision care, dental insurance,
disability insurance, accidental death and dismemberment insurance, and life
insurance, as if the employee were actually at work. The employee will also
continue to accrue paid vacation and receive sick leave time, even though the
employee may not use sick time during the leave.
D. After the first 30 continuous calendar days of unpaid leave, the employee will
cease accruing vacation time, cease receiving sick leave and i njury leave
time, and cease to be eligible to participate in any City-sponsored disability
insurance, accidental death and dismemberment insurance and life
insurance, except in accordance with conversion rights, if any, under the
terms of such plans. In addition, after the first 30 continuous calendar days of
unpaid leave, the employee’s coverage, if any, under the City -sponsored
health insurance, employee assistance program, vision services and dental
insurance will terminate unless the employee elects to continue such
coverage and pays 100% of all premiums for the elected coverage in a timely
manner in accordance with the requirements of the City and the plans. The
employee will be provided with a separate notice of the right to continue
coverage with more specific information about premium amounts and
required payments.
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E. The terms of any retirement plan or deferred compensation plan in which the
employee participates will control how any unpaid portion of the leave is
credited as service under the plan.
F. The City cannot promise to hold an employee’s position open during such a
leave. An employee wishing to return to work after an extended leave will be
placed in the first vacancy, if any, in the employee’s type of position which
becomes available within 90 days after the intended date of return, provided
that the employee is able to perform all essential functions of the position with
or without reasonable accommodation.
G. The City will consider an employee’s employment with the City to have
terminated if any one of the following circumstances occur:
1. If the employee does not provide written notice of his/her intent to
return within the time frames set forth in a written agreement;
2. If the employee does not accept reinstatement to the first o pening in
the employee’s type of position offered within 90 calendar days after
the intended return date;
3. If the employee does not return to work from the leave within 90
calendar days after the intended return date because the position was
not available or for any other reason; or
4. If the employee resigns.
H. If an employee’s request for an extended leave of absence is granted, the
employee must sign a written agreement which sets forth the terms and
conditions of the extended leave. Employees shall be required to obtain the
written agreement from the Human Resources Department or City Attorney’s
Office.
I. Employees who are on a leave of absence from the department, and return to
work within 12 months, shall retain their seniority, minus the time spent on an
extended leave of absence.
Article 27: TIME TRADES
A. Time trade is defined as an employee voluntarily agreeing to work the
requesting employee's normally scheduled work hours. The requesting
employee shall then work the granting employee’s normally worked shift at a
later, mutually agreed upon date. The employees participating in this time
trade must be within the same division and of the same rank.
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B. Time trades shall be allowed providing the employees notify and obtain
advance approval of their supervisors of the time trade. Once agreed upon
and approved, employees will be responsible for working the shift or hours
they agreed to work. If an employee is unable to fulfill their time trade
obligations, it is his/her responsibility to arrange for an approved employee to
fill the shift. However, if the employee cannot fill the shift because of an
emergency, they must notify the affected supervisor immediately.
C. Until a time trade has been approved by both supervisors, the employee who
was originally scheduled to work the shift shall be responsible for working that
shift.
D. Hours worked when an employee is working or scheduled to work a time
trade shall not be considered in the calculation of overtime or compensatory
time. Each employee will be credited as if he/she worked his/her normal work
schedule.
Article 28: AWARD TIME
The City shall establish and maintain a leave category for award time. A member
shall submit a request to their supervisor to use Award Time leave, and such leave
will be approved at the discretion of the supervisor.
Article 29: INSURANCE
A. Medical Insurance.
1. The City will continue to offer the City sponsored medical plan to
employees. The maximum full-time employee contribution for
employee only coverage is 15% of premium and for employee plus
dependents is 30% of premium.
2. The City may make changes in the plan providing it consults with the
FOP prior to implementing any such changes.
B. Vision Care Insurance. The City shall continue to offer the supplemental
vision insurance to employees. Employees shall continue to pay 100% of the
supplemental vision insurance premium.
C. Dental Care Insurance.
1. The City will continue to offer one (1) City sponsored Dental plan. The
maximum full-time employee contribution for employee only coverage
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will be 30% of premium and for employee plus dependents is 40% of
premium.
2. The City may make changes in the plan providing it consults with the
FOP prior to implementing any such changes.
D. Any medical, dental or vision insurance made available to City employees
shall be made available for domestic partners (as defined by City Policy) of
members of the Bargaining Unit.
E. Life Insurance. The City shall provide to the employee life insurance
comparable to one (1.0) times the annual salary of the employee rounded up
to the nearest one-thousand (1,000). The life insurance will be paid for by the
City. The City may also choose to offer additional and optional low-cost life
insurance up to three times salary with a total maximum of up to five hundred -
thousand dollars ($500,000). The employee shall pay all costs associated
with the optional, additional life insurance.
Article 30: MODIFIED DUTY
A. Availability of Modified Duty. Employees who are temporarily unable to
perform all the essential functions of their jobs may be assigned to modified
duty, where reasonably available at the discretion of the City. This excludes
employees who have reached maximum medical improvement (MMI). The
purpose of modified duty is to allow employees with temporary disabilities to
continue working on a short-term basis until their condition improves and they
are able to return to their regular positions. Employees may request modified
duty, or the City may require employees to perform modified duty under
certain circumstances. Employees assigned to modified duty will continue to
receive their regular base rate of pay. Modified duty is not guaranteed to
employees, but is only provided where it is reaso nably available at the
discretion of the City. Employees who are permanently disabled from
performing the essential functions of their jobs are ineligible for modified duty.
B. Modified Duty Defined. “Modified duty” means that one or more essential
functions of the employee’s job are changed by the City, in its discretion,
consistent with the recommendations of the employee’s health care provider
or the City’s designated physician. An employee on modif ied duty may
continue in the same position but with different or fewer duties or reduced
schedule, or may be assigned to a different position or even a different
department or work unit at the City’s discretion.
C. Temporary Disability — Length of Modified Duty. A disability is considered to
be “temporary” only when the employee establishes through the credible
prediction of a health care provider (or, in the case of a work-related injury or
EXHIBIT A
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illness, the City’s designated physician or one appointed by a court in lieu of
the City’s designated physician) that the employee will be able to return to her
or his regular position and perform all essential functions of that position (with
or without reasonable accommodations) within twelve months of the date the
temporary disability began. Accordingly, a modified duty assignment is limited
to a maximum of twelve months from the date the temporary disability began.
In addition, in the case of temporary disabilities resulting from work related
injury or illness, the City may, in its discretion, extend a modified duty
assignment until the employee reaches maximum medical improvement in the
opinion of the City’s designated physician or one appointed by the court in
lieu of the City’s designated physician.
D. Certification Required for Modified Duty.
1. Employees may only be assigned to and continued on modified duty
based upon written verification from a health care provider which:
a. describes the employee’s work restrictions; and
b. states an anticipated date (which must be within twelve months
from the date of disability) when the employee will be able to
perform all essential functions of her or his regular position with
or without reasonable accommodation.
2. The City may require employees to obtain such written verifications
from their health care providers. The City also may require employees
to be examined by the City’s designated physician or one appointed by
a court in lieu of the City’s designated physician in order to obtain such
verifications, seek clarification or additional information, confirm the
need for modified duty, or provide a second opinion.
3. It is the employee’s responsibility to ensure that any medical
information required by the City is provided promptly upon request,
including follow-up information, satisfactory clarification and updates.
Modified duty may be denied or canceled, and the employee may be
subject to disciplinary action for failure to undergo a medical
examination or provide the types of information described above upon
request.
E. Termination of Modified Duty. Modified duty will terminate twelve months
from the date the temporary disability began or earlier if the City receives
notice that, in the opinion of a physician or other health care provider, the
employee’s claimed disability is not “temporary” as defined in this Article.
Modified duty also will terminate when the City receives written notice that the
employee has reached MMI or is able to return to perform the essential
functions of her or his regular job.
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F. Return to Regular Position Following Modified Duty.
1. Although the City is unable to guarantee reinstatement, an employee
returning from modified duty will be placed in her or his former position,
if available, or will be offered the first opening, if any, in a comparable
position for which she or he is qualified and which becomes available
within 60 days of the date after the City receives both:
a. The employee’s request for reinstatement; and
b. Written verification that the employee is able to perform the
essential functions of her or his former position as described
above.
2. Employees returning from modified duty must obtain a release from a
physician or health care provider confirming that the employee is able
to return to work without endangering the health and safety of herself
or himself or others and obtain a description satisfactory to the City of
any accommodations necessary to allow the employee to perform the
essential functions of her or his regular position. In addition, the City
may, at its discretion, require the employee to complete a fitness for
duty examination by a physician or other health care provider
designated and paid for by the City.
Article 31: SICK LEAVE
A. This Article is intended to provide employees with time off work for brief non-
occupational illnesses or injuries.
B. Eligible Employees.
Employees are eligible to use paid sick leave in accordance with this Article.
C. When Sick Leave May Be Used. Employees may take available but unused
paid sick leave under any of the following circumstances:
1. The employee has a non-occupational mental or physical illness,
injury, or health condition; needs a medical diagnosis, care or
treatment related to such illness, injury or condition; or needs to obtain
preventive medical care;
2. The employee needs to care for a family member who has a mental or
physical illness, injury or health condition; needs a medical diagnosis,
EXHIBIT A
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care or treatment related to such illness, injury, or condition; or needs
to obtain preventive medical care;
3. The employee or the employee’s family member has been the victim of
domestic abuse, sexual assault, or criminal harassment, and the use of
leave is to:
a. seek medical attention for the employee or the employee’s family
member to recover from a mental or physical illness, injury, or health
condition caused by domestic abuse, sexual assault, or harassment;
b. obtain services from a victim services organization;
c. obtain mental health or other counseling;
d. seek relocation due to domestic abuse, sexual assault, or
harassment; or
e. seek legal services, including preparation for or participation in a
civil or criminal proceeding relating to or resulting from the domestic
abuse, sexual assault, or harassment;
4. A public official has ordered the closure of the school or place of care
of the employee's child or of the employee's place of business due to a
public health emergency, necessitating the employee's absence from
work.
5. “Family member” means a person who is a spouse, child (both born
and miscarriages and adopted), parent, grandparent, grandchild,
sibling, in-law, foster parent or sibling, half-family member, familial
relationship associated with a partner in a civil union, domestic partner,
or anyone for whom the employee or the employee's partner provide
day-to-day care and financial support.
6. When the employee adopts a child or receives a foster child providing the
following conditions are met:
a. the employee must certify in writing that he or she will be
serving as care giver for the adopted or foster child during the
leave use;
b. the use of this leave may not be used prior to placement of the
child in the employee’s care pursuant to a final decree of
adoption or foster placement, nor later than three months after
the date of final decree of adoption or foster placement;
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c. if both adoptive or foster parents are eligible employees of the
City, only one parent may use leave for this purpose;
d. the adopted or foster child must be under eighteen years of age
at the time of placement;
e. use of sick leave for this purpose shall run concurrently with
Family and Medical Leave time, if applicable.
7. When an employee is unable to work after reaching maximum medical
improvement (as determined by the City’s designated physician or one
appointed by a court in lieu of the City’s designated physician) from a
workers’ compensation eligible injury, illness, or disability, but is eligible for
the City’s long term disability insurance coverage, makes application for
such benefit upon reaching maximum medical improvement, and diligently
pursues a determination of benefit eligibility.
8. If an employee has given birth, that employee may access any remaining
sick leave after any short-term disability leave/benefit provided to the
employee for the employee's medical recovery following childbirth for baby
bonding. Baby bonding may be used continuously or intermittently. The
employee will provide their manager and the human resources department
with a request for leave at least 30 days before the leave's proposed date
(If the leave was not foreseeable, then notice must be sent as soon as
possible).
a. A parent not giving birth may, upon the child's birth, utilize sick
leave because they are not eligible for short-term disability pay.
b. Foster and adopted parents who did not utilize short-term
disability may access sick leave immediately for baby bonding
as currently outlined in the policy. If both parents are City
employees, both may use their sick leave balances.
c. Baby bonding time is available for the 12 months following the
birth or placement of a foster or adopted child.
d. If a holiday occurs while the employee is using sick leave for
baby bonding, the day will be charged as holiday pay.
e. An employee who uses sick leave for baby bonding, that does
not qualify for FMLA leave, will be offered the same level of job
protection when the employee is on baby bonding leave as if the
employee were on FMLA-qualifying leave.
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f. Use of sick leave for this purpose shall run concurrently with
Family and Medical Leave time, if applicable.
D. Amount of Sick Leave
1. At the beginning of each leave benefit year, employees shall receive 120
hours of sick leave for use during that leave benefit year. This amount will
be pro-rated for those employees who are hired after the start of the leave
benefit year. Pro-ration shall be from the beginning of the pay period in
which the employee begins employment. For example, if an employee
begins employment at any point during the fifth pay period of the leave
benefit year, the pro-ration shall be calculated based on the first workday
of that pay period, and the employee shall receive 101.5 hours of sick
leave (22 pay periods remaining of the 26 available) after the employee
completes the first 30 days of employment.
E. Notice of Brief Absence (4 Days or Less). This portion of the Article applies
to employees with brief illnesses (such as the flu) and minor medical
procedures where the employee reasonably expects to be absent four days
or less, even if the absence ends up being longer.
1. Employees who need to use sick leave for an unexpected, brief illness
must contact their supervisor or other designated person within the
department 30 minutes or more before the beginning of the shift each
day of the absence.
2. Employees who need to be absent for a scheduled medical
appointment or short-term procedure or treatment must notify their
supervisor or other designated person in the department as soon as
the need for the absence is scheduled with the health care provider.
Employees must schedule appointments outside regularly scheduled
work hours when possible.
F. Notice of Prolonged Absence (More Than 4 Days) or Intermittent Leave. This
portion of the Article applies to employees who need to be absent for
illnesses or medical procedures for more than four days, or who need to use
sick leave intermittently.
1. Employees who need to use sick leave for a prolonged, scheduled
medical procedure or treatment (such as surgery, childbirth or
recurring therapy) must notify their supervisor as soon as learning of
the need for such a leave, or no less than 30 days before expecting to
use leave. The notice must specify the reason for the leave, the date
it’s expected to begin, and the expected duration. For intermittent
leave, which is not available for birth or care of a newborn child or
EXHIBIT A
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placement of an adopted or foster care child, the notice must specify
the reason for the leave and the scheduled dates and times for the
absences.
2. Employees who unexpectedly become seriously ill or require
prolonged treatment or recovery (or someone on behalf of the
employee) must call the supervisor as soon as reasonably possible
under the circumstances.
3. Supervisors should notify the Human Resources Department any time
an employee requests a prolonged sick leave.
G. Required Information.
1. Employees are responsible for making sure that all of the requested
information is provided promptly, including follow-up information and
updates. Sick leave may be denied or terminated, and the employee
may be subject to disciplinary action up to and including termination of
employment, for failure to undergo a medical examination or promptly
provide the types of information described in this Article.
2. Employees who request sick leave or who have used sick leave may
be required by their supervisor or the Human Resources Department
to do the following:
a. Periodically communicate with the supervisor or the Human
Resources Department regarding the anticipated date of return
to duty;
b. Provide written verification of the following from the physician or
other health care provider treating the em ployee:
i. Date on which the condition commenced;
ii. Nature and extent of illness or injury, but only as is
necessary to determine the employee’s ability to perform
job functions;
iii. duration of illness or injury;
iv. Confirmation that the employee is unable to perform
essential job functions;
v. Anticipated date on which the employee may return to
work;
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vi. Release stating that the employee is able to return and
perform his or her duties without endangering the health
and safety of himself or herself or others, and describing
restrictions on the employee’s work activities;
vii. In the case of intermittent absences:
aa. The dates on which the treatment is expected to
be given and the duration of treatment; and
bb. Confirmation that intermittent leave is medically
necessary, and the expected schedule and
duration of the intermittent leave.
c. Undergo a fitness for duty examination by a physician or other
health care provider designated and paid for by the City; obtain
a release from a physician or health care provider confirming
that the employee is able to return to work without endangering
the health and safety of himself or herself or others; and/or
obtain a detailed description satisfactory to the City of
restrictions on the employee’s work activities.
d. Employees who request sick leave based on a family member
may be required by their supervisor or the Human Resources
Department to provide information and documentation verifying
the illness or injury of the family member or the family member’s
medical appointments.
H. Sick Leave During Vacation. Sick leave may not be used during a scheduled
vacation, compensatory or award time off, except under extraordinary
circumstances. A request to use sick leave during a scheduled vacation ,
compensatory or award time off must be made to, and may be granted or
denied in the discretion of, both the employee’s department or division head
and the Director of Human Resources.
I. Holiday Pay During Sick Leave. Employees who are eligible for holiday time
and who are on sick leave during a designated holiday must record holiday
time for that day (if available) and not sick leave. An employee who is
scheduled to work on a holiday and becomes sick must record holiday time (if
available) only for the day.
J. Continuation of Benefits During Sick Leave. During paid sick leave under the
terms of this Article, all benefits will continue as though the employee were at
work.
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K. Misuse Prohibited. Employees are prohibited from using sick leave except
under the circumstances described at the beginning of this Article. Employees
who, in the City’s judgment, misuse sick leave are subject to disciplinary
action and sick leave benefits may cease. When there appears to be a
possibility that sick leave is being misused, the department or division head or
supervisor may:
1. Make further inquiry of the employee about past or ongoing use of the
leave time;
2. Require the employee to provide the type of information or submit to
medical examinations as described above; and/or
3. Require the employee to provide written medical verification or be seen
by the City’s designated physician in order to use any further sick
leave.
L. Return from Sick Leave.
1. Employees returning from sick leave may, at the discretion of the City,
be required to:
a. Complete a fitness for duty examination by a physician or other
health care provider designated and paid for by the City;
b. Obtain a release from that physician or health care provider
confirming that the employee is able to return to work without
endangering the health and safety of himself or herself or
others; and/or
c. Obtain a description satisfactory to the City of any restrictions
upon the employee’s work activities.
2. If employees do not return to work on the date expected following sick
leave, or decline a comparable position, their employment may
terminate.
M. Applicability of Family and Medical Leave and Family Care Leave Acts. Sick
leave used for purposes of childbirth or serious health condition of the
employee, or caring for the employee’s spouse, civil union partner, child, or
parent suffering from a serious health condition will, in addition to sick leave,
be counted as leave under the Family and Medical Leave Act (“FMLA”) and
the Colorado Family Care Act (“FCA) as applicable.
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50
N. No Payment upon Separation from Employment. Employees who have
available but unused sick leave at the time of separation of employment shall
not be paid for such unused leave. However, if a terminated employee returns
to work with the City within a six-month period from the date of separation, the
City will reinstate any uncompensated, accrued sick leave balances for that
employee.
Article 32: SHORT-TERM DISABILITY LEAVE
A. This Article is intended to provide employees with income replacement
associated with time off for certain short-term disabilities arising from non-
occupational illnesses or injuries. Employees are eligible to use short term
disability leave in accordance with this policy.
B. When Short-Term Disability Leave May Be Used.
1. An employee may take available short-term disability leave when he or
she is disabled and unable to perform his or her job due to a non -
occupational personal illness, injury, or other medical condition. For
purposes of this policy, the term “disabled” mean s that the employee is
unable to perform one or more of the essential functions of his or her
job with the City and the employee is not on full-time modified duty
pursuant to Article 30.
2. The fact that an employee is provided with partial day or week modified
duty shall not disqualify an otherwise qualified employee from using
partial day or partial week short-term disability.
3. An employee shall not be permitted to use short term disability leave if
the employee is on an unpaid leave of absence for 30 continuous
calendar days. For the purposes of this paragraph, if an employee
works 10 hours or less during a 30-day period, that period shall be
considered a leave of absence.
C. Amount and Commencement of Short-Term Disability Leave.
1. An employee may be eligible for short term disability leave for up to 90
calendar days per incident, so long as the employee is under the care
of a qualified healthcare provider and disabled as determined by the
City’s short-term disability administrator. The first consecutive 14
calendar days of being disabled shall be an elimination period and
shall be unpaid unless the employee is permitted to use available sick
leave, vacation leave, award time, accrued but unused holiday time,
and/or compensatory time. The next six (6) weeks of short-term
disability leave will be paid by the City at 100% of the employee’s
regular pay based on the position’s designated FTE, excluding
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commissions, bonuses, overtime pay or any other extra compensation.
The remaining four (4) weeks and six (6) days will be paid at 75% of
the employee’s regular pay. An employee may choose to use any
available vacation leave, sick leave, award time, accrued but unused
holiday time, donated time, or compensatory time to increase the
short-term disability leave from 75% to 100% of the position’s
designated FTE.
2. The elimination period of 14 calendar days is the period of time an
employee must be continuously disabled before disability benefits are
payable.
3. If an employee returns to work following the use of paid short-term
disability leave and subsequently becomes qualified for available short-
term disability leave again within two consecutive calendar weeks of
returning to work due to the same or related causes, the employee will
not be required to complete a new elimination period.
D. Notice of Intent to Use Short-Term Disability Leave.
1. An employee who needs to use short-term disability leave for a
prolonged, scheduled medical procedure or treatment (such as surgery
or childbirth) must notify his/her supervisor as soon as learning of the
need for such a leave, or about three months before expecting to give
birth. The notice must specify the reason for the leave, the date it is
expected to begin, and the expected duration.
2. An employee who unexpectedly becomes seriously ill or requires
prolonged treatment or recovery (or someone on behalf of the
employee) must call the employee’s supervisor as soon as reasonably
possible under the circumstances.
E. Required Information.
1. Employees are responsible for making sure that all of the requested
information is provided promptly, including follow-up information and
updates. Short-term disability leave may be denied or terminated, and
the employee may be subject to disciplinary action up to and including
termination of employment, for failure to undergo a medical
examination or promptly provide the types of information described in
this Article.
2. Employees who request short-term disability leave or who have used
short term disability leave may be required to do the following:
EXHIBIT A
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a. Periodically communicate with the supervisor or the City’s short-
term disability administrator regarding the anticipated date of
return to duty;
b. Provide written verification to the City’s short-term disability
administrator of the following from the physician or other health
care provider treating the employee:
i. Date on which the condition commenced;
ii. Nature and extent of illness or injury, but only as is
necessary to determine the employee’s ability to perform
the job functions;
iii. Probable duration of illness or injury;
iv. Confirmation that the employee is unable to perform
essential job functions and a description of the essential
job functions that the employee is able to perform along
with any work restrictions;
v. Anticipated date on which the employee may return to
work;
vi. Release stating that the employee is able to return and
perform his or her duties without endangering the health
and safety of himself or herself or others, and describing
restrictions on the employee’s work activities;
c. Undergo a fitness for duty examination by a physician or other
health care provider designated and paid for by the City; obtain
a release from a physician or health care provider co nfirming
that the employee is able to return to work without endangering
the health and safety of himself or herself or others; and/ or
obtain a detailed description satisfactory to the City of
restrictions on the employee’s work activities.
d. Provide all information necessary to the City’s short-term
disability administrator so that he or she may make an eligibility
determination.
F. Misuse Prohibited. Employees are prohibited from using short term disability
leave except under the circumstances described in this Article. Employees
who, in the City’s judgment, misuse short term disability leave are subject to
disciplinary action and short-term disability leave benefits may cease. When
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53
there appears to be a possibility that short-term disability leave is being
misused, the department or division head or supervisor may:
1. Make further inquiry of the employee about past or ongoing use of the
leave time;
2. Require the employee to provide the type of information or submit to
medical examinations as described above; and/or
3. Require the employee to provide written medical verification or be seen
by the City’s designated physician in order to use any further short-
term disability leave.
G. Denial or Termination of Short-Term Disability Leave. Short-Term Disability
Leave shall be denied or terminated on the earliest of:
1. Expiration or exhaustion of the leave.
2. Recovery from disability.
3. Termination of employment.
4. Failure of the employee to provide medical records and information
deemed necessary by the City to administer this Article.
5. Failure of the employee to follow the provisions of this Article or to
reasonably cooperate with the City in administering this Article.
6. Failure of the employee to meet the eligibility requiremen ts of this
Article.
7. The employee is approved to receive long term disability benefits.
H. Limitations and Exclusions.
1. An employee shall not be eligible to use short-term disability leave
during any of the following periods:
a. Any period the employee is not under the regular and continuing
care of a physician providing appropriate treatment by means of
examination and testing in accordance with the disabling
condition.
b. Any period the employee fails to submit to any medical
examination requested by the City or requested by the City’s
short-term disability administrator.
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c. Any period of disability due to mental illness, unless the
employee is under the continuing care of a licensed mental
health care provider.
d. Any period of disability due to drug and alcohol illness, unless
the employee is actively supervised by a physician or
rehabilitation counselor and is receiving continuing treatment
from a rehabilitation center or a designated institution approved
by the City.
2. An employee shall not be eligible to use short-term disability leave if
the employee’s disability is due to any of the following:
a. War, declared or undeclared, or any act of war.
b. Active participation in a riot, rebellion, or insurrection.
c. Committing or attempting to commit an assault, felony or other
illegal act.
d. Injury or sickness for which the employee is entitled to benefits
under any Workers’ Compensation, Occupational Disease, or
similar law.
e. Injury or sickness sustained while doing any act or thing
pertaining to any occupation for wage or profit.
f. Sickness or injury due to cosmetic or reconstructive surgery,
except for such surgery necessary to correct a deformity caused
by sickness or accidental injury.
I. Holiday Pay During Short-Term Disability Leave. Employees who are eligible
for holiday time and who are on short term disability leave during a
designated holiday must record holiday time for that day (if available) and not
short-term disability leave.
J. Continuation of Benefits During Short-Term Disability Leave. During short-
term disability leave under the terms of this Article, all benefits will continue as
though the employee were at work.
K. Return from Short-Term Disability Leave.
1. Employees returning from short-term disability leave may, at the
discretion of the City, be required to:
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a. Obtain a release from their physician or health care provider
confirming that the employee is able to return to work without
endangering the health and safety of himself or herself or
others;
b. Obtain a description satisfactory to the City of any restrictions
upon the employee’s work activities; and/or
c. Complete a fitness for duty examination by a physician or other
health care provider designated and paid for by the City.
2. If employees do not return to work on the date expected following
short-term disability leave, or decline a comparable position, their
employment may terminate.
L. Applicability of Family and Medical Leave. Short-term disability leave used
for purposes of childbirth or serious health condition of the employee will, in
addition to short-term disability leave, be counted as leave under the Family
and Medical Leave Act (“FMLA”) if applicable. (Please refer to the “Family
and Medical Leave” policy in the City of Fort Collins Personnel Policies and
Procedures.)
M. No Payment upon Separation from Employment . Employees who have
available but unused short-term disability leave at the time of separation of
employment shall not be paid for such unused leave.
N. Administration of Article.
1. The City may, in its discretion, use a third-party administrator to
administer all or any part of this Article.
2. A request for a review of a decision made by a third-party administrator
shall initially be made in writing to the third-party administrator within
30 calendar days of the provision of notice of the decision to the
employee. A copy of the request for review should also be forwarded
to the City’s Benefits Manager. Thereafter, the employee may appeal
in writing the final decision of the third-party administrator to the City’s
Benefits Manager within 30 calendar days of the provision of notice of
the third-party administrator’s final decision. The decision of the
Benefits Manager shall be final and not subject to grievance under
Article 36.
Article 33: PENSION AND DEATH AND DISABILITY CONTRIBUTION
EXHIBIT A
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A. The City shall contribute eleven percent (11%) of the base salary of sworn
police officers and dispatchers in each year of this contract to a 401 Plan
managed by the City-designated administrator (Administrator), and the
employee shall contribute eight and one-half percent (8.5%) of the
employee’s base salary to the 401 Plan. The employee will have the choice of
investment strategies for the plan as managed and offered by the
Administrator.
B. For Community Service Officers, in each year of this contract, the City shall
contribute eight percent (8%) of the employee’s base salary to a 401 Plan
managed by the Administrator, and the employee shall contribute three
percent (3.0%) of the employee’s base salary to the 401 Plan. The employee
will have the choice of the investment strategies for the Plan as managed and
offered by the Administrator.
C. The City shall pay the entirety of the state mandated contributions for death
and disability coverage pursuant to C.R.S. § 31-31-811(4) for all officers hired
on or after January 1, 1997.
D. The City will provide long-term disability insurance coverage for those sworn
officers and communications dispatchers who are no longer eligible for state
mandated disability coverage under FPPA and are at least 55 years of age
and have completed 25 years of continuous employment in their respective
positions with the City. This coverage shall be pursuant to the terms and
conditions of the insurance coverage provided to other classified employees
of the City.
Article 34: POST EMPLOYMENT HEALTH PLAN AND DEFERRED
COMPENSATION
A. Employees shall participate and contribute to a Post Employment Health Plan
(PEHP) based on the contribution in Schedule A below.
B. The City shall sponsor and contribute to a PEHP plan on behalf of the BU
members based on years of service to the City and as employees of Fort
Collins Police Services, based on the contribution in Schedule A below.
C. Schedule A
Years of Service Percent of Contribution (each,
Employer and Employee)
0 – 9.99 years of service 1.25% of base salary
10 – 19.99 years of service 1.50% of base salary
20 years of service until retirement 1.75% of base salary
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D. Employees shall have the right to invest the contributions how they wish in
accordance with applicable guidelines and according to the PEHP’s
investment options. A payroll deduction account shall be designated whereby
the contributions are deducted and deposited directly into the employee’s
PEHP on behalf of the employee in accordance with the applicable
guidelines.
E. The City shall pay out an employee’s sick leave balance at a rate of 10% of
the balance at the end of the leave balance year. The 10% of sick hours left
will be added to the employee’s PEHP. Ex. An employee ends the year with
80 hours in their sick leave bank. They receive 8 hours (10%) of straight time
value deposited into their PEHP.
F. When eligible employees pass one of the milestone anniversaries (based
upon cumulative service to FCPS) listed in the table below, the City will make
a one-time contribution in an employee’s PEHP consistent with the amounts
in the table immediately below. This contribution will be made no later than
the first pay period after the end of the quarter if the employee is employed on
the date of the agency employment milestone anniversary.
Agency Employment Milestone
Anniversary
One-time PEHP contribution
10 year $5,000
15 year $7,500
20 year $12,000
25 year $15,000
G. Additionally, as a one-time "catch-up," for those eligible employees who have
already passed one of the milestone anniversaries (based upon cumulative
service to FCPS) noted above by December 31, 2021, and are still employed
as of that date, the City will make a one-time contribution in the employee’s
PEHP in the applicable amount in the table below. Such contributions will be
made by the end of the first quarter of 2022.
Agency Employment Milestone
Anniversary passed as of
December 31, 2021
“Catch-up” PEHP contribution
10 year $5,000
15 year $7,500
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20 year $19,500
25 year $34,500
H. Retired employees who, pursuant to the terms and conditions of the 2019-
2021 collective bargaining agreement between the parties, qualified for a
four-thousand-dollar ($4,000) contribution to their retiree health savings will
continue to receive those contributions until they turn 65 years of age.
I. Employees who have not met the eligibility criteria of 55 years and completed
20 years or more of continuous employment, if deemed permanently disabled
via FPPA or the City’s long-term disability carrier, once separated from
employment, shall be eligible to receive a one-time stipend in the amount of
fifteen thousand dollars ($15,000), which will be deposited into the PEHP,
offered by the City. Employees who separate from employment for cause as
that term is defined in Article 37 or who are not “in good standing” as that
term is defined in Fort Collins Police Services Policy Manual, as amended,
are not eligible for this benefit.
J. Employees shall be permitted to participate in the 457 deferred compensation
plans. Employees shall have the option to contribute a portion of their base
salary to the 457 Plan. Nothing shall prohibit the employee from contributing
any amount they desire within federal or other applicable guidelines, for such
accounts.
a. The City of Fort Collins will match up to 3% of the employee’s base
salary, except those in the CSO position, which will be applied to the
457 Deferred Compensation Plan at the employee’s discretion, as
permitted by the applicable and federal guidelines.
b. A payroll deduction account shall be designated whereby the
employee’s 457 deferred compensation plan contribution is deducted
from the employee’s paycheck and deposited directly into the
employee’s 457 deferred compensation plan.
Article 35: PROCEDURES FOR ADMINISTRATIVE INVESTIGATIONS
A. Purpose of an Administrative Investigation. The purpose of an administrative
investigation is to determine whether or not any Agency or City rules,
regulations, policies, procedures, or training directives have been violated.
This provision only sets forth the procedures for administrative investigations.
The rights and expectations of employees and City management in matters
other than procedure are within the sole and exclusive discretion of City
management. Employees should review all departmental and City rules,
EXHIBIT A
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policies, procedures, and directives for an understanding of the non-
procedural aspects of administrative investigations.
B. Separation Between Administrative and Criminal Investigations.
Administrative and Criminal investigations shall be conducted separately and
managed by different individuals. The criminal investigator shall not have
access to evidence, results, and other information that came from compelled
disclosures made by the investigated employee or that were obtained from
leads furnished by such disclosures. Additionally, information that is regulated
by the Colorado Open Records Act, such as the contents of an employee's
personnel file, shall only be released in a manner consistent with that Act.
C. Authority to Investigate.
1. Except for investigations related to complaints or allegations of
harassment, discrimination, or retaliation based on an individual’s race,
color, religion, national origin or ancestry, sex, age, sexual orientation,
pregnancy, physical or mental disability or veteran status, made by a
member of the Collective Bargaining Unit about the conduct of another
Agency employee (referred to hereafter as “Discrimination
Allegations”), the Chief of Police has primary authority to conduct all
administrative investigations of Department employees, or cause them
to be conducted.
2. Any Discrimination Allegation, that if true, constitutes a violation of City
policy will be investigated by a representative of the City Manager’s
Office assigned to investigate all such allegations or such
representative will oversee an investigation.
3. The Chief or City Manager may request and authorize the City's
Human Resources Department to conduct an administrative
investigation.
4. All supervisors have the authority to conduct administrative
investigations when authorized to do so by Policy or by the Chief. The
Chief may direct any supervisor to conduct an administrative
investigation.
D. Procedures Afforded Employees.
1. An employee who is the subject of an administrative investigation shall
be informed in writing, within a reasonable period of time of the
complaint being filed, of the existence of the complaint and/or charge
which initiated the administrative investigation, except that such
disclosure may be withheld until the investigation is completed if the
Chief determines that disclosure might jeopardize the investigation.
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2. An employee who is the subject of an administrative investigation shall
be provided an opportunity to respond to the complaint and/or charge.
3. An employee who is the subject of an administrative investigation shall
be assured that the Department will consider the employee's response.
4. An employee complainant and an employee who is the subject of an
administrative investigation shall be provided with notice of the
determination of the complaint/charge within a reasonable time
following the conclusion of the administrative investigation.
5. An employee complainant and an employee who is the subject of an
administrative investigation shall be permitted to have one
representative of his/her choice present for any interview or procedure
required of the employee during the administrative investigation.
However, the representative shall not be a witness or the subject or
potential subject of the administrative investigation which is being
conducted concerning the employee or be involved in either the
employee's administrative or criminal investigation or be a supervisor
in the chain of command of the employee. The representative's role
shall be restricted to that of an advisor to the employee, and not as a
participant in the questioning or investigation. The employee's
representative may not interfere with the questioning or investigation.
The employee may request the presence of the representative before
or during the interview.
6. Administrative investigation interviews of the employee shall be
conducted at reasonable hours, unless the seriousness of the
allegation requires immediate action. The duration of the interview of
an employee shall be for a reasonable period of time and shall allow
for reasonable personal necessities and rest periods. The employee
being interviewed shall not be subjected to offensive language or
threatened with transfer or discipline. However, an employee may be
advised that failure to cooperate in the investigation, includin g a refusal
to honestly and completely answer relevant questions, could result in
discipline up to and including termination of employment. The
interviewer shall make no promise or offer of a reward to the employee
as an inducement to answer questions. The interview may be audio
and/or video tape recorded by the Department. Upon request, the
Department will provide a copy of the tape to the employee without
charge. Questions asked of an employee during an interview must be
reasonably relevant to the administrative investigation. However, the
employee's failure to recognize the relevance of a question shall not be
justification for the employee to refuse to answer the question.
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7. While the Department will make a reasonable effort under the
circumstances to schedule the interview of an employee at a time
convenient to the employee's representative if requested, the
Department shall establish the time for the interview based primarily on
the needs of the investigation and the availability of investigating
personnel as determined by the Department.
E. Levels of Administrative Investigation. Consistent with the terms of this
provision, the Chief of Police shall establish an administrative investigative
process that encompasses different levels of investigati on. Such
investigatory levels and the process associated with them shall be as
established by Departmental policies and/or Standard Operating Procedures.
This process shall be consistent with the disciplinary grievance process set
forth in this Agreement.
F. Administrative Investigation Tools.
1. Administrative investigations will be conducted using all standard
investigative methods, procedures, tests, examinations, and tools
appropriate and reasonable under the circumstances as determined by
the Department. The Department may require an employee under
administrative investigation to submit to such methods, procedures,
tests, examinations and tools that the investigator deems may yield
relevant information or evidence. Refusal of the employee to submit to
such methods, procedures, tests, examinations and tools shall subject
the employee to discipline up to and including termination of
employment. The employee shall be provided with written advance
notice of the disciplinary consequences of refusal.
2. An employee may request an Intoxilyzer, blood, urine, physical or
psychological examination, or polygraph examination if the employee
believes such would be beneficial to their defense. If the Department
believes the results of the test could be relevant to the matter being
investigated, the Department will pay for the cost of the test(s). The
results of the requested tests may be used in any administrative or
criminal investigation.
3. Polygraph examinations for supervisory-initiated or complainant-
initiated administrative investigations will not be administered without
specific prior approval of the Chief of Police. An employee who is the
subject of a complainant-initiated administrative investigation shall not
be required to take a polygraph examination unless the complainant
has first undergone a polygraph examination and been found to have
been truthful as to the material allegations, in the opinion of the
examiner. An employee who is the subject of a supervisory-initiated
administrative investigation may be required to take a polygraph
EXHIBIT A
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examination regardless of whether or not any other person has first
undergone a polygraph examination. When polygraph examinations
are administered, they will be specifically, directly, and narrowly related
to the performance of the employee’s official duties, and to the issues
raised in a specific investigation.
4. Employees may take additional tests or examinations for the purpose
of seeking a second opinion. The cost of these tests or examinations
shall be borne by the employee.
5. All tests and examinations will be conducted pursuant to any
applicable state or federal laws, and any information obtained
regarding the medical condition of an employee will be kept
confidential in a separate medical file.
G. Employee Review of Administrative Investigation Files.
1. At any time during or after the completion of an administrative
investigation, employees shall be provided without charge a copy of
their own interview recordings or transcripts and their own statements.
2. Other than as set forth in the preceding paragraph, employees will not
have access to any portion of an administrative investigation file
without the written consent of the Chief of Police. The Chief shall
provide his written consent if he/she determines that such access is
necessary in order to allow the employee to prepare for a scheduled
disciplinary hearing, or the Chief otherwise determines that such
access is in the best interests of the City.
3. Other than as set forth in paragraph G.1. above and paragraph J
below, employees will not have access to any portion of an internal
investigation file involving Discrimination Allegations without the written
consent of the City Manager. The City Manager may provide his or her
written consent if he/she determines that such access is necessary in
order to allow the employee to prepare for a scheduled disciplinary
hearing, or the City Manager otherwise determines that such access is
in the best interests of the City.
H. Constitutional and Statutory Rights Preserved. The administrative
investigation procedures set forth in this provision shall not be applied or
interpreted to diminish the constitutional or statutory rights of any employee.
I. Any alleged violation of this Article is grievable pursuant to Article 37
(Disciplinary Grievance) and not pursuant to Article 36 (Contract Grievance).
J. Review Procedures for Investigations into Discrimination Allegations
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1. At the conclusion of an investigation into Discrimination Allegations as
described in paragraph C.2 above, a three-member panel will be
convened to conduct a review of the investigation file to determine
whether the investigation is sufficient. The three -member panel will use
Robert’s Rules of Order in conducting their meetings and in maki ng any
determinations about whether the investigation is sufficient. The three -
member panel may, at its discretion, recommend that further investigation
occur. Upon completion of its review, the three -member panel may
concurrently convey any observations or recommendations regarding the
Discrimination Allegations investigation and findings reached by the
investigator. The results of the three -member panel review will be
provided to the City Manager’s representative described in paragraph C.2
above.
2. The three-member review panel shall be made up of an employment legal
expert retained by the City, a member of the Collective Bargaining Unit
with no less than five years of service as an employee of Fort Collins
Police Services and a City of Fort Collins mana gement level employee
who is not employed by Fort Collins Police Services. The Bargaining Unit
member will be selected through a random drawing and must not be a
complaining party, a witness, or investigation subject related to the
investigation to be reviewed. Another random drawing is required if the
name drawn during the random drawing is a relative of either the
complainant or subject employee. “Relative” is defined the same as in the
Fort Collins Police Services policy manual. The Bargaining Unit member
who participates on the three-member review panel will be advised in
writing of his or her obligation to keep all information obtained during the
investigation review confidential at all times.
Article 36: CONTRACT GRIEVANCE
A. A grievance under this contract grievance provision shall be confined to an
alleged violation of any express provision of this Agreement and shall not
include any disciplinary or Article 35 (Procedures for Administrative
Investigations) matters. A grievance may only be filed for a specific action or
inaction of the City. Any employee may discuss any matter with their
supervisor without invoking the formal grievance procedure provided in this
provision. Likewise, the FOP may discuss any matter with City management
without invoking the formal grievance procedure provided in this provision.
B. The following grievance procedures shall be followed:
1. A grievance must be initiated by either an aggrieved employee or by
the FOP on behalf of any one or more individual aggrieved employees.
The grievant must reduce the grievance to writing, provide the reason
for the grievance, specify the provisions of the Agreement allegedly
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violated, set forth the facts relied upon to support the grievance, and
state the desired disposition of the grievance.
2. The grievant must provide the written grievance to the Deputy Chief,
Assistant Chief, or Director of the employee’s Division, with a copy to
the Chief Human Resources Officer and the FOP, within ten (10)
business days from the occurrence of the grieved event or from when
the grievant should have reasonably learned of the grieved event.
3. The Deputy Chief, an assistant chief, Director, or their designee shall
have ten (10) business days, excluding absences from the usual work
site for the Deputy Chief, an assistant chief, Director, or designee, from
receipt of the written grievance to issue a written decision to the FOP.
4. If the grievant is not satisfied with the written decision of the Deputy
Chief, an assistant chief, Director, or their designee, the grievant may
appeal the grievance to the Chief of Police. The written appeal,
specifically stating the portions of the decision disagreed with and the
reasons for the disagreement, must be provided by the grievant to the
Chief, with a copy to the Chief Human Resources Officer and the FOP,
within ten (10) business days from the date of issuance to the FOP of
the Deputy Chief’s, an assistant chief’s, Director’s, or their designee’s
decision.
5. The Chief of Police, or his/ her designee, shall have ten (10) business
days, excluding absences from the usual work site for the Chief or
his/her designee, from receipt of the written appeal to issue a written
decision to the FOP.
6. If the grievant is not satisfied with the written decision of the Chief of
Police, or his/her designee, the grievant may appeal the grievance to
arbitration. The written appeal, specifically stating the portions of the
decision disagreed with and the reasons for the disagreement , must be
provided by the grievant to the Chief Human Resources Officer and the
FOP, within ten (10) business days, excluding absences from the usual
work site for the employee, from the date of issuance to the FOP of the
Chief’s or his/her designee’s decision.
7. Upon receipt of a timely written appeal, the Chief Human Resources
Officer or his/her designee shall attempt to reach an agreement with
the grievant as to the selection of a neutral arbitrator to hear and
decide the grievance. In the event that the parties are unable to reach
an agreement, either the grievant or the City may refer the matter to
the Federal Mediation and Conciliation Service ("FMCS") to request a
list of seven (7) arbitrators, and the parties shall select the arbitrator
alternately striking names from the list until one arbitrator remains, who
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shall be the arbitrator selected. The finding of the arbitrator shall be
final and binding on all parties.
8. The arbitrator shall have the authority to hold meetings and make
procedural rules. The arbitrator shall have access to all arbitrated
decisions concerning the interpretation and application of this
Agreement. The findings of the arbitrator must be consistent with law,
including federal and state laws and the City Charter, and th e terms of
this Agreement. The arbitrator shall have no power to add to, subtract
from, disregard, alter, or modify any of the terms of this Agreement.
The fees and necessary expenses of any arbitration, including the
arbitrator’s fee, but excluding all fees and expenses incurred by either
party in the preparation or presentation of its case, shall be borne
equally by the City and the FOP.
9. If the grievant fails to comply with any time limit set forth in this
provision, the grievance shall be deemed forfeited. If the City fails to
comply with any time limit set forth in this provision, the grievance shall
be deemed denied as of the last day of the time limit and may be
moved to the next step within the time frames set forth in that step.
The grievant and the City may agree in writing to extend any time limit
set forth in this provision.
10. Either the grievant or the City may request a certified court reporter to
take a stenographic record of the evidence taken at the arbitration
hearing. The party requesting a stenographic record shall provide a
copy to the arbitrator and pay the cost thereof, except that if the other
party shall request a copy of any transcript, the parties shall share
equally the entire cost of making the stenographic record.
11. A grievant, at his/her own cost, may be represented by an FOP official
or legal counsel at any step in the grievance process. Likewise, City
management may be represented by legal counsel at any step in the
grievance process.
C. The City shall compile a record of all grievances filed pursuant to this
provision. The record shall be used by the City to compile an annual report of
the outcomes of the grievances. The annual report shall be made available to
the FOP and the Management Labor Committee, if any.
D. The term "business day" means any Monday through Friday that the general
offices of the City are open for business.
Article 37: DISCIPLINARY GRIEVANCE
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A. A grievance under this disciplinary grievance provision shall be confined to
complaints of disciplinary matters as specified herein and shall not include
any matters having to do with alleged violations of any provision of this
Agreement, other than Article 35 (Procedures for Administrative
Investigations) matters. A grievance may only be filed for a specific action of
the City.
B. Any employee may discuss any matter with their supervisor without invoking
the formal grievance procedure provided in this provision. Likewise, the FOP
may discuss any matter with City management without invoking the formal
grievance procedure provided in this provision.
C. Only employees who have completed their introductory period of employment
with the City shall be entitled to the procedures set forth in this provision. The
introductory period is that period of employment from the commencement of
employment for a period of time determined by the City during which an
employee is “at will” and employment is at the mut ual consent of the
employee and the City. Accordingly, either the introductory employee or the
City may terminate the employment relationship at any time without cause or
notice, and the City may impose discipline at will at any time with or without
cause or notice. However, employees who are promoted and placed on a
promotional introductory period shall be subject to the procedures set forth in
this provision during the introductory period, but only with respect to their
continued employment with the City at their pre-promotion position.
Accordingly, during the promotional introductory period, the City may return
the employee to his/her former position at any time without cause or notice.
D. What constitutes cause for discipline is within the sole and e xclusive
discretion of City management. "Cause" is described in City Personnel Policy
and Procedure section 10.1.2. Employees should review all departmental and
City rules, policies, procedures, and directives, as well as civil and criminal
law, the City Code, and the City Charter for an understanding of some actions
or inactions that may bring about the imposition of discipline.
E. For the purpose of establishing the applicable grievance procedures,
disciplinary actions by the City are divided into the following two categories:
1. Major discipline, defined as a disciplinary suspension without pay of
thirty (30) hours or more, disciplinary demotion, or termination of
employment for a disciplinary reason.
2. Minor discipline, defined as an oral or written reprimand, disciplinary
suspension without pay of less than thirty (30) hours, or failure to
promote for a disciplinary reason.
F. Pre-decision Hearing.
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1. Prior to the imposition of major discipline or a disciplinary suspension
of less than thirty (30) hours, an employee shall be provided with
notice and an opportunity to be heard. The City shall provide the
employee with written notice of the pre-decision hearing that contains
the following information:
a. A description of the performance problem, misconduct, or other
reason for the recommended discipline.
b. Related background information, such as previous disciplinary
actions.
c. Type of discipline being recommended.
d. Date, time, and location of the hearing.
e. Notice that the employee may have a member of the FOP or an
attorney present at the hearing.
f. Signature line for the employee to acknowledge receipt of the
notice.
2. Unless waived by the employee, the pre-decision hearing will be held
before the Chief of Police or his/her designee. The hearing will provide
the employee with the opportunity to be heard and present information
concerning the proposed discipline. The employee may, at the
employee’s expense, have a member of the FOP or an attorney
present at the hearing to provide advice and assistance. With the
consent of the employee, the FOP may provide whatever information it
believes to be relevant to the Chief’s decision.
Also, with consent of the employee, an FOP Review Board may
provide input to the Chief prior to his/her decision. Such FOP Review
Board shall consist of not more than three (3) employees selected by
the FOP. The time spent by the FOP Review Board members
approved in advance by the Chief shall be paid at straight time by the
City and shall not be considered hours worked under the Fair Labor
Standards Act for purposes of calculating overtime. The FOP Review
Board must complete its review and submit a written report of its
review to the Chief or his/her designee within fourteen (14) calendar
days of its receipt of the investigative report from the Chief or his/her
designee and its written report shall be provided not less than three (3)
business days prior to the pre-decision hearing.
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The Chief may have supervisors and an attorney present at the
hearing to provide advice and assistance. The City will make a
reasonable effort to set the hearing for a date and time convenient to
the employee, his/her representative, and if applicable, the FOP.
Unless waived by the employee, the FOP, and the City, t he hearing will
be audio tape recorded.
3. A decision whether to impose major discipline and, if so, what type, will
be made within a reasonable time after the hearing. Factors such as
the availability of information and the need for further investigatio n may
delay the decision. If the Chief is unable to render a decision within
ten (10) business days of the conclusion of the hearing, the Chief shall
provide to the employee and the employee’s representative a written
explanation for the delay and an estimate as to the date when the
decision shall be rendered. The employee and his/her representative
shall be provided the decision in writing.
4. If the employee waives the hearing, the decision will be based upon
the information available to the Chief and t he employee’s personnel
record.
G. Grievance Procedure for Major Discipline.
1. A grievance of major discipline must be initiated by the aggrieved
employee. The grievant must reduce the grievance to writing and
provide the reason for the grievance and the desired disposition of the
grievance.
2. The grievant must provide the written grievance to the Office of the
City Manager with a copy to the Chief Human Resources Officer within
fifteen (15) business days after receipt of the written notice of the
imposition of major discipline.
3. Upon receipt of a timely written grievance, the Chief Human Resources
Officer shall schedule a major discipline post-decision hearing with a
hearing officer appointed by the City Manager who shall be an attorney
licensed to practice law in the State of Colorado and not a City
employee. The hearing officer shall not have had any direct
involvement in the disciplinary decision. The City will make a
reasonable effort to set the hearing for a date and time convenient to
the employee and his/her representative. The hearing shall be
conducted pursuant to the provisions of policies and procedures
adopted by the City Manager. At the hearing, the hearing officer shall
review relevant evidence, including but not limited to written
documents and oral testimony, which is offered by the City or the
employee. The hearing officer may also ask questions of the parties
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and witnesses during the hearing. The employee, at his or her
expense, may have a member of the FOP or an attorney present at the
hearing to provide advice and assistance. With the consent of the
employee, and if the FOP is the employee’s sole representative during
the appeal hearing, the FOP shall be permitted the opportunity to
provide the hearing officer with relevant information and closing
argument prior to the hearing officer rendering a decision.
4. After the hearing, the hearing officer shall issue written findings in
accordance with policies and procedures adopted by the City Manager.
The City Manager or his/her designee shall review the hearing officer’s
findings and make the final decision regarding cause and level of
discipline. This decision shall be final for purposes of judicial review.
The Chief Human Resources Officer will forward a copy of the hearing
officer’s findings and the City Manager’s decision to the Chief of Police
and the City Attorney’s Office and may also provide copies to other
involved supervisory staff.
H. Grievance Procedure for Minor Discipline.
1. A grievance of minor discipline must be initiated by the aggrieved
employee. The grievant must reduce the grievance to writing and
provide the reason for the grievance and the desired disposi tion of the
grievance.
2. The grievant must provide the written grievance to the Deputy Chief,
an assistant chief, Director, or their designee, with a copy to the Chief
Human Resources Officer within ten (10) business days after receipt of
the written notice of the imposition of minor discipline.
3. The Deputy Chief, an assistant chief, Director, or their designee shall
endeavor to produce a written decision within ten (10) business days
from receipt of the written grievance. With the consent of the
employee, the FOP shall be permitted the opportunity to provide
information to the Deputy Chief, an assistant chief, Director, or their
designee prior to the rendering of a decision. Factors such as the
availability of information, the need for further investigation, the desire
to meet with the grievant, and the desire to have other supervisors in
the chain of command review the grievance may delay the decision. If
the Deputy Chief, an assistant chief, Director, or their designee is
unable to render a decision within the ten (10) business days, the
Deputy Chief, an assistant chief, Director, or their designee shall
provide to the employee and the employee’s representative a written
explanation for the delay and an estimate as to the date when the
decision shall be rendered.
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4. If the grievant is not satisfied with the written decision of the Deputy
Chief, an assistant chief, Director, or their designee, the grievant may
appeal the grievance to the Chief of Police or his/her designee . The
written appeal stating the reasons for dissatisfaction must be provided
by the grievant to the Chief, with a copy to the Chief Human Resources
Officer, within ten (10) business days from the date of issuance to the
grievant or FOP, as applicable, of the Deputy Chief’s, an assistant
chief’s, Director’s, or their designee’s decision.
5. The Chief of Police shall endeavor to produce a written decision within
ten (10) business days from receipt of the written grievance. With the
consent of the employee, the FOP shall be permitted the opportunity to
provide information to the Chief or his/her designee prior to the
rendering of a decision Factors such as the availability of information,
the need for further investigation, the desire to meet with the grievant,
and the desire to have other supervisors in the chain of command
review the grievance may delay the decision. If the Chief is unable to
render a decision within the ten (10) business days, the Chief or
his/her designee shall provide to the employee and the employee’s
representative a written explanation for the delay and an estimate as to
the date when the decision shall be rendered. The decision of the
Chief or his/her designee shall be final and binding and no further
appeal shall be permitted.
I. Procedures Applicable to All Major and Minor Disciplinary Grievances.
1. If the grievant fails to comply with any time limit set forth in this
provision, the grievance shall be deemed forfeited. If the City fails to
comply with any time limit set forth in this provision, the grievance shall
be deemed denied as of the last day of the time limit and may be
moved to the next step within the time frames set forth in that step.
The grievant and the City may agree in writing to extend any time limit
set forth in this provision.
2. A grievant may be represented by an FOP official or legal counsel, at
the employee’s expense, at any step in the grievance process.
Likewise, City management may be represented by legal counsel at
any step in the grievance process. However, a specific FOP official
cannot be involved in the grievance process if such official is a witness
to the matter being grieved.
3. If any City decision-maker in the grievance process is directly involved
as a witness in establishing the facts of a relevant event, that City
decision-maker shall appoint a designee to fulfill that decision -maker’s
role. In the alternative, the decision-maker may direct the grievance
process to proceed to the next level of review.
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4. The term "business day" means any Monday through Friday that the
general offices of the City are open for business.
J. This Article entitled "Disciplinary Grievance" is the sole method for grieving
disciplinary actions. Nothing under this Article shall be subject to the
provisions of the previous Article entitled "Contract Grievance," including the
arbitration provisions thereof.
K. Procedures Applicable to Minor or Major Discipline Resulting from
Discrimination Allegations Investigation
1. After the three-member panel review described in Article 35. J, a
supervisor recommending any minor or major discipline based on the
results of a Discrimination Allegations investigation will consult with a
representative of the City Manager referred to in Article 35. C regarding
the appropriate level of disciplinary action. Such supervisor retains full
authority to recommend any level of disciplinary action he or she deems
appropriate.
2. If the Chief of Police receives a recommendation for minor or major
discipline as the result of a Discrimination Allegation investigation, the
Chief of Police will consult with a representative of the City Manager
referred to in Article 35. C regarding the appropriate level of disciplinary
action. The Chief of Police retains full authority to decide any level of
disciplinary action he or she deems appropriate.
3. No supervisor who has been identified as the subject of a Discrimination
Allegations investigation will be permitted to participate in reviewing
recommended disciplinary action for the complainant until the
Discrimination Allegation investigation is complete and resulting
disciplinary action, if any, is final.
Article 38: FURLOUGHS AND LAYOFFS
A. When the City determines, in its sole discretion, that a furlough is warranted
because of budgetary reasons or service prioritizations, the City will consult
with representatives of the FOP through the Labor/Management committee
prior to determining the process by which the furlough will be implemented.
B. Situations may occur when the City determines, in its sole discretion, that a
reduction or change in the work force is warranted because of lack of work,
budgetary reasons, staff reduction, or reorganization which result in the
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dismissal of one or more employees. The following provisions apply to such
terminations.
C. Layoffs will be decided on the basis of seniority within each of the following
career lines: Sworn officers, Community Service Officers, and Dispatch
employees. The least senior, based on seniority and regardless of rank, in a
career line will be laid off until the target reduction, as set by management, is
met.
D. Employees whose positions are eliminated or who are notified that they will
be terminated may apply for any open positions within the City, either before
or after their separation from employment.
E. A random drawing will be used to identify which employees with identical
seniority within a career line will be subject to the layoff.
F. Prior to any layoff, the City shall announce the intended positions to layoff,
and any employee may choose to voluntarily leave or retire, if eligible, in
order to reduce the number of employees to be laid off.
G. Recall from layoff shall be in reverse order of layoff with the last employee
displaced within a career line to be the first employee recalled to work within
the applicable career line of Sworn officers, Community Service Officers, and
Dispatch. Eligibility for recall expires one (1) year from t he date of the layoff.
Notice of recall shall be by certified mail sent to the employee’s address on
file in the Human Resources Department. The employee shall have 10 days
to report back to work unless a reason, satisfactory to the City, is given during
that 10-day period. An employee who fails to respond to the recall or who
declines the recall will no longer be eligible for recall. In order to be eligible
for re-employment, the recalled employee must continue to be minimally
qualified for the position that he or she vacated.
Article 39: FITNESS TESTING
A. The Physical Fitness Team will be responsible for scheduling and
administering voluntary physical fitness assessment tests twice a year at
about six-month intervals. The purposes of the tests are to provide employees
with information on their levels of fitness and to serve as an incentive to
develop good fitness. Fitness test procedures and equipment must be
approved by the Chief of Police or his/her designee and individual test sheets
will be maintained in a locked file cabinet in the work out facility. Awards will
be granted based on participation and performance.
B. The Fitness Team will be responsible for the specifics of the testing process
under the following procedures.
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1. Each employee may earn up to a maximum of 20 hours of Award Time
per test, based on their participation and overall performance. In
addition, the Department may provide other incentives or award times
as recommended by the Fitness Team. Employees may accrue an
unlimited amount of award time; however, award time earned under
this program is not in any way convertible to cash payment at any time ,
except as provided in Article 44 (Payment of Benefits Upon Separation
or Death).
2. Fitness instructors will conduct physical fitness assessments to
determine an employee’s ability to participate in the process and
instructors have the authority to refuse an employee’s participation or
postpone the test if there is an indication that the employee is ill,
injured, or not physically able to participate.
3. Should an employee be injured during the testing process, they shall
cease testing and notify the instructor at once. Medical attention
should be sought, if needed and appropriate reports completed.
4. Employees may test during regular work hours if scheduling permits or
may be granted flex time if they test during non -work hours.
5. In fairness to all employees, the tests must be completed during the
time frame specified in the announcement of the tests in order to be
eligible for awards. Employees who are required to test because of a
job assignment, but who cannot complete the testing during the
specified time frame, may complete the test at a later date, but will not
receive incentive awards.
6. Part-time employees may participate in the program with the awards
being adjusted accordingly.
7. Employees will be notified of their results as well as any awards
earned. Files of the results will be retained for employee information,
instructor’s program evaluation, and for the Department to gather
generalized statistical information.
Article 40: EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees. The Program
will include up to eight (8) counseling visits that will be without cost to the employee.
Article 41: SENIORITY
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A. Basis for Calculating Seniority.
1. Department Seniority: Every employee shall have a seniority rank
commensurate with the amount of time they have been continuously
employed by the Police Department.
2. Job Seniority: Employees who are promoted to Community Service
Officer (CSO) Supervisor, Sergeant, Lieutenant, or Dispatch
Supervisor shall have Job Seniority within that specific position. Job
Seniority begins anew every time an employee is promoted.
3. Team/Unit Seniority: Employees shall have Team/Unit Seniority when
assigned to a specialized work team/unit. Team/Unit Seniority begins
anew every time an employee is assigned to a new specialized work
team/unit.
B. Shift Assignments.
1. The time, place, and manner of shift bidding will be established at the
discretion of the Department.
2. Seniority shall be the sole factor in assigning shifts as set forth below
unless the Chief of Police or his/her designee determines that the
needs of the Department make it necessary to assign an employee or
group of employees to a shift regardless of seniority.
a. Patrol Officers and Community Service Officers shall bid for
work shift assignments based on seniority calculated as the
length of time they have been continuously employed in their
position at the Police Department.
b. Dispatcher IIIs/Call-takers (Skill levels I through III) and Radio
Dispatchers (Skill levels IV through VI) are classified as two
different positions for the purpose of establishing seniority.
During shift bid, each position has designated shifts available for
bidding. Employees will bid for their shift based on their seniority
within their respective position.
i. Radio Dispatchers will bid first on shifts in order of the
length of time an employee has been continuously
employed in a Radio Dispatcher position.
ii. Then, Dispatcher IIIs will bid for shifts in order of the
length of time each has been continuously employed in a
Dispatcher III/Call-taker position.
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c. CSO Supervisors, Patrol Sergeants, and Communications
Supervisors shall bid for work shift assignments based on Job
Seniority.
d. Lieutenants and the Communications Manager shall be
assigned to a shift or other duty position by their
Deputy/Assistant Chief or Director based on the needs and best
interests of the Division they are assigned to.
e. At the current time, teams within the Criminal Investigations
Division do not have multiple shifts. If a Detective team is
assigned to multiple shifts, the Detectives within that team shall
bid for work shift assignments based on Team Seniority.
f. Corporals in the Extended Duty Assignment shall bid a shift,
from a list of available shifts provided by the Assistant Chief , or
his/her designee, based on seniority from their selection date as
a Corporal.
g. If implemented, Senior Dispatchers shall bid a shift, from a list of
available shifts provided by the Director, or their designee,
based on seniority from their selection date as a Senior
Dispatcher.
3. Employees who fail to participate in the shift bidding process will lose
their seniority factor in determining shift assignment and shall be
placed on a shift as determined by management.
4. Patrol employees shall be permitted to trade shifts with other Patrol
officers of like rank provided all of the officers between the Patrol
employees who are trading shifts agree to the trade.
a. The Chief of Police or his/her designee may deny such a trade if
it is not in the best interest of the department, if there is a need
for an employee to remain on a specific shift for consistency in
supervision or as a result of a disciplinary action.
C. Vacation Leave.
1. The time, place, and manner of vacation leave bidding and minimum
staffing requirements will be established at the discretion of the
Department.
a. Patrol Officers, Corporals, and Community Service Officers will bid
for vacations based on seniority as calculated in the Shift
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Assignments section of this Article. Patrol Officers, Corporals, and
CSOs may bid for one continuous primary vacation period up to
his/her current annual accrual rate for the entire bid period.
Officers, Corporals, and CSOs will also have the option to bid a
secondary vacation as long as the total amount of time for both the
primary and secondary vacations does not exceed the officer’s
anticipated accrued vacation total at the time the leave
commences. The secondary vacation bid will not be finalized until
all the bids for the primary vacation period have been
implemented.
b. The Communications Manager, Lieutenants, and Sergeants will
schedule their vacations with the approval of their supervisors.
Officers/Detectives assigned to special units will also schedule
vacations with the approval of their sergeants.
c. Dispatchers and Communications Supervisors shall bid vacation
leave periods based on seniority as calculated in the Shift
Assignments section of this Article. Dispatchers and
Communications Supervisors will be allowed to bid a maximum of
80 hours of vacation during the first round of vacation bid. The
vacation time can be in one or two block increments. A maximum
of two Dispatchers will be allowed to bid off per day, unless an
exception to this rule is approved by the Communications Manager.
Following the first round, those employees with more than 80 hours
of anticipated accrued vacation as of the date the vacation would
commence can choose to bid additional vacation tim e.
2. The Chief of Police or his/her designee may deny a vacation bid period
for employees based on the needs of the Department regardless of
seniority.
3. Employees who fail to participate in the vacation leave bidding process
will lose their seniority factor in determining vacation leave approval
and shall only be permitted to take vacation leave as staffing level
requirements and the needs of the Department permit.
4. Employee requests for the use of vacation leave at times other than
those obtained by bidding shall only be granted as staffing level
requirements and the needs of the Department permit.
5. For shift employees, no request for vacation leave shall be made for a
date beyond the schedule end date.
D. Patrol Officers will bid for area assignments based on seniority as calculated
in the Shift Assignments section of this Article. However, management
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reserves the right to use other business-related factors, such as the needs of
the Department, specific skills of an employee or the need fo r supervision of
an employee when making duty and area assignments.
E. Depending on the assignment of an employee, Department, Job, or Team
Seniority may be used to select employees for training, to determine vehicle
assignments or when issuing new equipment to employees.
F. School Resource Officers will bid for department mandated summer duty
assignments based on seniority calculated as the length of time the officer
has been continuously assigned as a School Resource Officer.
Article 42: NO STRIKES/ LOCKOUTS
A. Neither the bargaining agent, nor the police employees, nor any person acting
with them will cause, sanction, or take part in any withholding of services to
the City by means of a strike, walkout, sit down, slowdown, stoppage of work,
abnormal absenteeism, or other method. Therefore, all such actions are
expressly prohibited.
B. The Bargaining Unit shall not strike, slow down, or cause a work disruption in
regard to employment issues. In addition, the City shall not lockout members
unless the layoff process has been initiated.
Article 43: LINE OF DUTY DEATH
A. When an employee is killed in the line of duty or dies from injuries sustained
in the line of duty, the City shall be responsible for the actual funeral, burial, or
cremation expenses incurred by the survivors up to a maximum of ten
thousand dollars ($10,000.00), less funeral, burial, or cremation payments
received under the Worker’s Compensation Program.
B. The City shall permit the deceased employee’s spouse, civil union partner,
and/or dependents to continue his or her medical and dental insurance
coverages with the City for a period of 24 months after the employee’s line of
duty death and all medical and dental insurance premiums for such
coverages will be paid by the City. The terms and conditions of the medical
and dental plans, such as co-pays and deductibles, shall be binding on the
surviving spouse/ civil union partner. This coverage shall terminate on the last
day of the month when the surviving spouse/ civil union partner remarries, or
after 24 months of coverage, whichever occurs earlier.
Article 44: PAYMENT OF BENEFITS UPON SEPARATION OR DEATH
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A. All earned wages due an employee upon retirement shall be paid to the
employee. Any employee may wish to place their final vacation leave accrual
due to the employee into their 457 Deferred Compensation Plan account as
designated by the employee or their beneficiary as permitted by the federal
and applicable guidelines for such accounts.
B. Employees are unable to extend their last day worked, which includes
retirement date, with accrued leave balances (i.e. Vacation, sick , or
compensatory time). Any employee who dies while in the employment of the
City shall have all earned wages and compensatory leave and vacation leave
paid to either their spouse, civil union partner or beneficiary. Every employee
shall be given the opportunity to use their accumulated Award Time once they
have a written retirement date. The City will make every reasonable effort to
allow employees with a written retirement date to use accrued Award Time
prior to their retirement date. The spouse, civil union partner or beneficiary
may also elect to have the vacation leave balance placed into the deceased
member’s 457 Deferred Compensation Plan account as designated by the
employee or their beneficiary as permitted by the applicable and federal
guidelines.
Article 45: UNIFORM PIN
Members of the Bargaining Unit shall be allowed to wear on the department uniform
a designated pin of the Bargaining Unit (FOP) while on duty. The pin must be
uniform in design and professional in appearance and match other uniform
accessories. The cost of the pin shall be paid by the member. The pin must be
approved by the Department's Uniform Committee, Executive Staff and comply with
any FCPS uniform policies and SOPs.
Article 46: UNIFORMS AND EQUIPMENT
A. The City shall furnish uniforms and equipment to all Sworn officers and
Community Service Officers required in the functioning of their duties, as
determined by the Chief of Police or his/her designee. The City provided
uniforms and equipment shall include:
1. Four (4) trousers;
2. Four (4) short sleeve shirts;
3. Four (4) long sleeve shirts;
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4. One (1) Level 2 or 3A ballistic vest chosen by the Department and the
cost paid by the City. Of those choices, the ballistic rating of the vest will
be selected by the officer.
5. Other equipment as deemed necessary by the Chief or his/her designee.
B. The City shall not provide underwear, socks, or other equipment not
specifically listed above.
C. When uniforms or equipment are worn beyond use, or to a condition where
they present a poor appearance, the employee’s supervisor will check them
out and a uniform requisition will be submitted as needed.
D. The City shall reimburse Sworn officers and Community Service Officers for
the cost of duty boots, not to exceed $160 every two (2) years. A receipt
acceptable to the Department shall be provided at the time reimbursement is
submitted.
E. The ballistic vest shall be replaced at five-year intervals. If the ballistic vest
panels are damaged, they shall be replaced with a Level 2 or 3A vest chosen
by the Department. The cost shall be paid by the City for a vest approved by
the Department and selected by the officer.
Article 47: COMMUNICATIONS APPAREL
A. Communications employees shall wear appropriate clothing that is clean,
neatly pressed, not frayed, without holes, in good condition and appropriately
fitting. Attire must be appropriate for professional working environment as
defined by the Communications Manager.
B. Such clothing shall include jeans, if the clothing otherwise meets the above
criteria. Shorts shall not be permitted. T-shirts or sweatshirts may be
permitted for a specific event, as authorized by the Communications
Manager.
Article 48: SCHEDULING
A. The department shall have the right to establish minimum coverage days and
hours of work. Shifts for Bargaining Unit members may be comprised of eight
(8), ten (10), or twelve (12) hour shifts within the work period. Shift schedules
shall occur on consecutive days with no break in days once the schedule has
started.
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B. As shift activity permits, Patrol and Dispatch employees working at least 8
hours may receive seven (7) minutes of break time per hour worked, to be
used in that single shift. Those employees may, as shift activity permits, use
fifty-six (56) minutes for a meal break and may combine it with the balance in
that single shift (not to exceed eighty-four [84] minutes at one time) if
approved by the supervisor working at the time. Also as shift activity permits,
Patrol and Dispatch employees working at least six (6) hours, but less than
eight (8) hours, may receive fifteen (15) minutes of break time to be used in
that single shift. Community Services Officers, CSO Supervisors, Police
Officers, Sergeants, and Lieutenants assigned to a patrol shift, and
Dispatchers, Senior Dispatchers (if implemented), and Communications
Supervisors, who are required to be available for duty during breaks or meal
breaks shall have their meal break and breaks paid for as a part of the
normally worked schedule.
C. Other Bargaining Unit members shall have one (1) unpaid meal break
consisting of sixty (60) minutes, and two (2) paid general breaks consisting of
fifteen (15) minutes each. The two general breaks may be combined into one
break of thirty (30) minutes.
D. Management shall have flexibility in scheduling hours of work where
necessary to the carrying out of the department’s work assignments and
purposes. Exceptions to this section may be made by management in order
to establish minimum coverage, hours of work, emergencies, or to meet the
needs of the department.
Article 49: PROMOTION PROCEDURES
A. This provision outlines the procedures to be used in the promotion of qualified
employees to supervisory positions as vacancies occur. This provision shall
not be applicable to temporary acting assignments. City management
reserves the right to establish and determine the qualities, work history,
experience, and skills sought for promotion of employees as well as the need
and timing of the promotional process.
B. Sergeant, Lieutenant, CSO and Communications Supervisor, and
Communications Manager Promotion Procedures. The following procedures
shall be utilized in the promotional process to the rank of Sergeant,
Lieutenant, Community Service Officer and Communications Supervisors,
and Communications Manager:
1. Per State statute, all openings of vacant CBU positions the City elects
to fill will be posted internally to all City employees. All applicants shall
be required to complete a professional history evaluation, intended to
measure the applicant’s existing supervisory skills, experience,
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training, and education. Prior to scoring the completed evaluations,
the City will establish a minimum score requirement that will permit
applicants to move on to the next step in the process.
2. Remaining applicants shall be required to complete an assessment
center made of components that have been reviewed by a third party
(eg. the City’s Human Resources department) which will ensure those
components are relevant and objectively fair and reasonable for the
position in question. The assessment center may include various
interview boards, presentations, and role play scenarios. The FOP
shall be given the opportunity to designate a qualified employee
representative, acceptable to the City, to participate in every segment
of the assessment center that utilizes an Agency employee to evaluate
the performance of an applicant.
3. The applicant’s score from the professional history evaluation shall be
combined with his/her score from the assessment center. The City will
establish a minimum score requirement that will permit applicants to
move on to the next step in the process.
4. The remaining pool of applicants shall be required to interview with the
Chief of Police and the Executive Staff. The Chief may conduct and/or
direct others to conduct follow-up interviews with the applicants.
Interviewers shall provide input to the Chief. At his/her sole discretion,
the Chief may promote an applicant from the pool, retain an applicant
in the pool without promoting, or remove an applicant from the pool.
Those applicants remaining in the pool shall remain eligible for
promotion for a period of time to be determined by the Chief but shall
not exceed two years from the scoring of the assessment center.
Article 50: EDUCATIONAL REIMBURSEMENT
A. In order to encourage professional development and improvement of job
skills, the City will reimburse employees for tuition costs incurred in
connection with course work at an accredited college or university under the
terms of this Article. The course must be directly related to the employee’s:
1. current position,
2. ability to advance within a career path within the department, or
3. effort to finish or complete a degree program directly related to the
employee’s current position or a career path within the d epartment.
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B. The reimbursement shall apply to tuition, books, and fees and must be
documented by the employee.
C. Before an employee is eligible to receive reimbursement of the tuition cost,
the employee must provide a transcript or other documentation as required by
the department that the employee satisfactorily completed the course.
Employees must receive a “C” or better to receive reimbursement or “pass” in
a pass/fail system. Such documentation must be provided within three
months after the course concludes. The time spent attending class shall not
be considered paid time.
D The annual (calendar year) amount for reimbursement shall not exceed
$1,000 per eligible member, except as provided in paragraph E below.
E. The City shall distribute any and all unspent money from the department’s
annual educational reimbursement budget to those employees who, after
receiving the maximum $1,000 reimbursement, still have eligible educational
expenses remaining. Such distribution shall be made equally among all
qualifying employees. Additionally, the City may temporarily or permanently
increase the amount for reimbursement per member at the discretion of the
Chief of Police pursuant to a written memo authorizing such increase.
Article 51: DAYLIGHT SAVINGS TIME
When members of the Bargaining Unit are required to work an extra hour of time
due to daylight savings time change, the employee shall be compensated at the
overtime rate for the extra hour worked. When an employee works a nine (9) hour
shift due to daylight savings time changes, they shall be considered as having
worked a full ten-hour shift.
Article 52: BARGAINING UNIT MEMBER INFORMATION
The City shall provide to the FOP upon execution by the affected employee of a
written authorization the biographical information retained by the City on that
employee. The FOP agrees not to disclose this information to any outside person or
entity.
Article 53: SEVERABILITY
If any provision of this Agreement is subsequently declared by a court of competent
jurisdiction to be unlawful or invalid, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
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Article 54: TRAINING AND TRAVEL
A. Only training which is required or authorized in writing by the Agency is
compensable.
B. Unless otherwise authorized by the Deputy Chief, an assistant chief, Director,
or Chief of Police, time spent while off duty attending training facilities and
academic classes is not compensable if attendance at the facility is not
required. This applies even when the Agency pays for all or part of the
training, or if the classes or training sessions in question may incidentally
improve the employee's work performance or prepare the employee for
advancement.
C. Commuting to and from work each day to your designated workplace is not
considered time worked.
D. When a non-exempt employee travels out of town on City business for a one -
day assignment, all the time spent traveling must be recorded as time
worked, except mealtimes and any time spent in driving or as a passenger
from home to the usual place of employment, a point of public conveyance, or
a vehicle pooling point.
E. When a non-exempt employee travels out of town on City business for an
overnight trip assignment, all the time spent traveling, whether as driver or
passenger, during normal work hours must be recorded as time worked,
except mealtimes. Once the employee reaches his or her destination (such
as a hotel), the time is no longer considered working time unless the
employee is actually working on City business.
F. Fort Collins Police Services employees are subject to callout of various
specialty assignments outside of their assigned work hours. Once ca lled out
for their specialty assignment, all time spent by non -exempt employees
traveling, whether as a driver or passenger, to and from their residence
[within 15-mile radius of the intersection of Mulberry Street and South College
Avenue, or within the Urban Growth Area (UGA)] must be recorded as time
worked. If responding to the callout from beyond those boundary limits, a
supervisor’s approval must be obtained for any time a non -exempt employee
would spend to travel outside of the 15-mile radius from the intersection of
Mulberry Street and South College Avenue or the Urban Growth Area.
Article 55: DISTRIBUTION OF THE AGREEMENT
The City shall provide a copy of the Agreement in Microsoft Word to the FOP within
five (5) business days of ratification. The FOP will distribute electronic copies of the
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Agreement to the Bargaining Unit members and provide printed copies when
deemed necessary.
Article 56: RANK DIFFERENTIAL
Employees assigned as an acting Supervisor shall be compensated at the rate of
nine (9) minutes of straight time compensation for each sixty (60) minutes they serve
in an acting Supervisor capacity. This rank differential compensation may be paid in
money or compensatory time at the employee’s discretion. The total compensation
time (if not in six (6) minute interval) shall be rounded up to the next six (6) minute
interval.
Article 57: LABOR MANAGEMENT COMMITTEE
1. The City and FOP agree to set up a Labor Management Committee which
shall consist of three representatives appointed by the FOP President and
three representatives appointed by the Chief of Police.
2. The Committee shall discuss:
(1) Implementation and general administration of this Agreement;
(2) Safety issues;
(3) Training;
(4) Issues that the parties have mutually agreed upon for discussion.
3. The Committee shall meet quarterly; the time and schedule for such meetings
shall be set by the Chief of Police or designee after consultation wi th the FOP
President. Either party may request additional meetings as needed.
Additional meetings will occur at the time and place mutually agreed upon by
the Chief’s designee and the FOP President, or his/her designee.
4. It is expressly understood and agreed that meetings shall be exclusive of the
grievance procedure. Grievances that are being processed under the
grievance procedure of this Agreement shall not be considered by the Labor
Management Committee, nor shall the meetings involve any negotiati ons for
the purpose of altering any or all of the terms of this Agreement.
5. The Chief, at his sole discretion, may approve pay for the time Committee
Members spend attending Labor Management Committee meetings. Any
such time shall not count as time worked for overtime purposes.
Article 58: EMERGENCY PAY
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Whenever the City of Fort Collins declares a City close-down as a result of inclement
weather or other emergencies and the City excuses non-essential employees who
were scheduled to work from work with pay during the close-down, members of the
bargaining unit who were required to report for work and do so, shall receive paid
time off in an amount equal to the number of hours they worked during such City
close-down. Such time off shall be in addition to the employee’s regular pay but
shall not count toward any calculation of overtime.
Article 59: COMPLIANCE
The City has not appropriated funds in the current fiscal year to meet the obligations
of this Agreement in subsequent fiscal years. This Agreement shall terminate at the
end of the City’s current fiscal year, or at the end of any subsequent fiscal year for
the following fiscal year, if the City does not, prior to the end of the current fiscal year
or subsequent fiscal year, appropriate funds for the subsequent fiscal year or
following years of the Agreement. The parties acknowledge that the City has made
no promise to continue to appropriate funds beyond the current fiscal year.
Article 60: DEFINITIONS
As used in this contract, the following terms shall, unless the context requires a
different interpretation, have the following meanings:
A. "City" or "employer" or “management” means the City of Fort Collins,
Colorado.
B. "Agency" or "department" means Fort Collins Police Services.
C. "Bargaining Unit" or "employees" means all full-time sworn police officers
maintaining the rank of Lieutenant and below of the Police Department of the
City of Fort Collins, and Community Service Officers and Communications
personnel of the Police Department equivalent to the rank of Lieutenant or
below.
D. "Officer" means a full time sworn police officer maintaining t he rank of
Lieutenant and below of the Police Department of the City of Fort Collins,
excluding Community Service Officers.
E. "FOP" or "Fraternal Order of Police" or "bargaining agent" means the
Northern Colorado Lodge 3, Colorado Fraternal Order of Police.
F. “In the line of duty” means in active service as the direct and proximate result
of a personal injury sustained while performing official duties as an employee.
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G. “Lock-out” means denying employees the ability to work because of a labor
dispute and does not include discipline, leaves of absence, or unpaid leave
when paid leave is not available.
H. "Agreement" or "contract" means this document entitled "COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF FORT COLLINS,
COLORADO AND THE NORTHERN COLORADO LODGE #3, COLORADO
FRATERNAL ORDER OF POLICE JANUARY 1, 2022 – DECEMBER 31,
2024”
."
I. “Leave Benefit Year” means that period beginning on the next day following
the end of the last pay period within a calendar year and ending on the last
day of the last pay period paid within a calendar year. For example, the last
pay period of 2017 that was paid to employees within 2017 ended on
December 17, 2017. Therefore, the Leave Benefit Year for 2018 beg an on
December 18, 2017.
Article 61: SIGNATURES
This Agreement is executed this ____ day of December, 2021 by:
CITY OF FORT COLLINS, COLORADO
ATTEST:
By: _________________________________ ____________________________
Kelly DiMartino Tammi Pusheck
Interim City Manager Interim City Clerk
Approved as to form:
______________________________
City Attorney’s Office
THE NORTHERN COLORADO LODGE #3,
COLORADO FRATERNAL ORDER OF POLICE
By: _________________________________
President
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ATTEST:
______________________________
Secretary
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