HomeMy WebLinkAbout2015-104-12/01/2015-APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH NORTHERN COLORADO LODGE #3 OF THE FRATERNAL ORDER O RESOLUTION 2015-104
OF THE COUNCIL.OF THE CITY OF FORT COLLINS
APPROVING A COLLECTIVE BARGAINING AGREEMENT
WITH NORTHERN COLORADO LODGE#3 OF THE FRATERNAL ORDER OF POLICE
WHEREAS, on August 10, 2004, the electors of the City approved at a special City
election an ordinance that contains a comprehensive scheme for collective bargaining between
the City and certain employees of its Police Services (the "Ordinance"); and
WHEREAS, the Ordinance amended the City Code by adding a new Division 7 to Article
VII Chapter 2 of the Code entitled "Public Safety Administration Cooperative Agreement"; and
WHEREAS, on September 28, 2005, the District Court for Larimer County, Colorado,
entered an Order in Case Number 05-CV-1146 invalidating portions of the Ordinance dealing
primarily with binding arbitration and leaving intact those portions,of the Ordinance requiring
good faith negotiations between the City and the designated bargaining agent; and
WHEREAS, pursuant to the provisions of the Ordinance, the Northern Colorado Lodge
#3, Colorado Fraternal Order of Police ("FOP") was selected as the designated bargaining agent
for those employees of Police Services who are members of the bargaining unit; and
WHEREAS, in 2006, the City and the FOP entered into a collective bargaining
agreement for 2006-2007 and, since that time, the parties have approved and executed
subsequent agreements for each ensuing two-year period; and
WHEREAS, the latest such agreement will expire on December 31, 2015; and
WHEREAS, the City and the FOP have, pursuant to the provisions of the Ordinance,
again engaged in negotiations regarding the terms and conditions of a new collective bargaining
agreement for 2016 and 2017; and
WHEREAS, the City Manager has recommended the City Council approval of such
agreement; and
WHEREAS, the City Council, having considered the terms and conditions of the
proposed agreement, believes that it would be in the best interests of the City to approve the
same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Council hereby approves the terms and conditions of that certain
collective bargaining agreement, a copy of which is on file in the office of the City Clerk and a
summary of which is attached hereto and incorporated herein by this reference as Exhibit "A",
and authorizes the City Manager to execute the collective bargaining agreement on behalf of the
City.
Passed and adopted at a regular meeting of the City Council held this 1st day of
December, A.D. 2015.
a�FORr�
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u• . Mayor
ATTEST: SEAL :
cOtORA�'0
City Clerk
Exhibit "A"
Summary of the 2016 -2017 Bargaining Agreement
The City of Fort Collins ( City) management and the Fraternal Order of Police ( FOP ) ,
representing the members of the Fort Collins Police Services Bargaining Unit , have reached a
tentative agreement for the 2016- 17 contract . Following is a summary of the changes which
were made to the agreement :
1 . Unpaid Administrative Leave
The current Article 24 provides employees be placed on unpaid administrative leave when
charged with a felony . The amended article will expand the conditions under which the City can
place Bargaining Unit Members on unpaid administrative leave . In addition to the existing
condition allowing the City to place an employee on unpaid administrative leave , the City will be
able to place members on unpaid leave if an employee is charged with a crime that could result
in a decertification by the Colorado Peace Officer Standards and Training ( POST) Board , which
includes misdemeanor offenses such as sexual assault , 3rd degree assault , harassment , and
bias- motivated crimes , among others . The parties have also tentatively agreed that if an
administrative investigation , for one of those misdemeanors , is not resolved within 60 days of
the employee ' s criminal case reaching a disposition , the employee will be placed on paid
administrative leave until the investigation has concluded .
2 . Short Term Disability
The City incorporated some plan changes to the definition , administration and payment of the
benefit . In order to keep internal equity with other City employees and have a consistent policy ,
the City and the FOP agreed to amendments to the contract to make the following changes :
• Pay the first 6 weeks following a 2 -week unpaid period (weeks 3-8 ) at one- hundred
percent ( 100 % ) of the employee ' s regular salary .
• Pay the following 4 weeks and 6 days (weeks 9- 13 ) at seventy-five percent (75 % ) of the
employee ' s regular salary .
• Eliminate the bank of sick time that allowed employees to make the difference up
between the seventy-five percent ( 75 % ) and their regular salary . Instead , employees are
permitted to use vacation , holiday , or award time to supplement the twenty-five percent
( 75 % ) that is unpaid per the defined benefit .
3 . Performance Improvement Plan
The City recently implemented its Quarterly Performance Alignment review system City-wide .
Under this system , employees subject to a Performance Improvement Plan ( PIP ) when a pay
increase is implemented will not receive the increase unless , and until , they successfully
complete their PIP and sustain one full quarter of satisfactory performance . The City and the
FOP agreed to an amendment to include this condition on pay increases for those members of
the Bargaining Unit on a PIP .
4 . Promotion Procedures
The current contract outlines separate promotion procedures for Dispatch Supervisors than for
Sergeants and Lieutenants , which provides for a level of inequitable treatment for some
members of the Bargaining Unit . The City and the FOP reached agreement on an amendment
to make the promotion procedures the same for Sergeant , Lieutenant , Dispatch Supervisor, and
Dispatch Manager.
5 . Retirement Health Savings Match .
The current contract requires all Bargaining Unit members contribute one-percent of their base
salary to a retirement health savings ( RHS ) account , managed by ICMA- RC . This amount is not
sufficient to " bridge the gap" for medical costs between their retirement and reaching Medicare-
eligibility age , which can sometimes exceed ten years . The City and the FOP agreed to amend
the contract to match the Bargaining Unit employees ' contributions at the following scale :
Years of Service at FCPS Percent of Contribution (Employer and
Employee)
0 — 9.99 years of service 1 . 0% of base salary
10 — 19.99 years of service 1 .25 % of base salary
20 years of service until retirement 1 . 5 % of base salary
6 . Salary Data Collection
The current contract outlines the collection process for salary data by requiring that the most
current data available in October be used to determine the mid -point between the 4th and 5th
salary ranks for each position . The FOP presented evidence that this , in fact, results in the
Bargaining Unit being ranked 6th or 7th in some positions when the actual salary numbers are
confirmed each year. The City and the FOP agreed to an amendment to postpone final data
collection until January , so that the Bargaining Unit members' salaries would actually fall
between the 4th and 5th rankings for each year.
7 . Holiday Pay
The current contract awards overtime pay when holiday leave is used by Bargaining Unit
employees who begin their shift on a holiday . Under this system , hours worked on a holiday for
a shift that began on a non- holiday are not paid . For example , a shift beginning at 10 : 00 P . M . on
Christmas Eve would be counted entirely as non- holiday time , even though up to eight hours of
that shift may have been worked on Christmas Day , a City holiday . The City and the FOP
agreed to change the system so that all hours , up to the maximum of one shift worked on a
holiday (designated or observed ) , and only those hours , would be paid as overtime when leave
is also used .
8 . Rank Differential and FTO/CTO Compensation
The current contract outlines pay for acting supervisors , field training officers , and
communications training officers by defining the amount of compensation per shift . Due to
having differing lengths of shifts , the City and FOP agreed to change the contract to a
compensation model based on the number of hours worked , rather than an entire shift .
9 . Training and Travel
Language in the current contract was not as clear as desired regarding the current practice to
compensate for travel time to a work site that is not an employee ' s usual place of employment .
Agreement was reached to add language specifying more clearly the conditions when
Bargaining Unit members are expected to be paid for travel during training and call -outs .
10 . Corporal and CSO Supervisor Positions
In an effort to plan for a growing population size and thereby a growing police force , the City
sought to establish the framework in the CBA that would allow for the creation of a Corporal
position between Officer and Sergeant , in addition to a Community Service Officer ( CSO )
Supervisor that would manage CSOs . The City and the FOP agreed to include the necessary
language in the contract to provide salary categories if the City elects to fill these new positions .
11 . Language Changes
Each bargaining season , the FOP and the City agree to make minor language changes in order
to add clarity , clean up inconsistencies , match practice , or fix errors . As an example , "Captain "
will be changed to " Deputy Chief/Assistant Chief' throughout the document .