I5. Collective Bargaining Agmt with Kalispell Police AssnCITY OF
K A LIS PMETL
REPORT TO: Mayor Hunter and Kalispell City Council
FROM: Jarod Nygren, City Manager
City of Kalispell
201 lst Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
SUBJECT: Adoption of Collective Bargaining Agreement with Kalispell Police
Association
MEETING DATE: April 20, 2026
BACKGROUND: The current collective bargaining agreement between the City and the
Kalispell Police Association ends on June 30, 2026. In February 2026, the City and the Police
Association entered into collective bargaining contract negotiations for a new agreement. The
City and Kalispell Police Association representatives engaged in constructive contract
negotiations since that date and made progress regarding certain provisions for a new agreement.
Attached is the recommended agreement between the city and the Kalispell Police Association,
which outlines those items agreed to in negotiations and which was recently voted for acceptance
by the association's membership. In general, the highlights of this agreement provide for the
following:
• Three-year term representing fiscal years 2027, 2028, and 2029
• Consistency across labor units in the establishment of the market methodology and
previously negotiated contracts
o The first -year base wage is established using the adopted market methodology of
using 5 data points representing municipalities with populations above the City of
Kalispell and 5 data points representing populations below the City of Kalispell.
This methodology has been used across the organization in establishing the
market wage for classifications in the organization. It was used in the last KPA
contract and provides an objective standard for establishing the first year of the
contract
o Adjustment in the base salary of 4% for Fiscal Year 2028 which is consistent with
other contracts and 4% base wage increase for FY2029
o Each year does include a 1.3% step increase on the salary matrix
• Adjustment of the pay for some of the specialty assignments to better align with duties
• Inclusion of Health and Wellness provisions, specifically health and wellness in three
areas (1) Mental Health; (2) Physical Health; and (3) Physical Fitness
• Clarifications of "light duty" assignments
FISCAL IMPACTS: The estimated increased financial impact for the Collective Bargaining
Agreement is $548,411 for FY2027, $225,096 for FY2028, and $236,927 for FY2029.
RECOMMENDATION: It is recommended that the City Council approve the Collective
Bargaining Agreement between the City of Kalispell and Kalispell Police Association.
ATTACHMENTS: Proposed Collective Bargaining Agreement between the City of Kalispell
and the Kalispell Police Association: 2026-2029.
Between the CITY OF KALISPELL,
Flathead County,Montana, and the
KALISPELL POLICE ASSOCIATION,
July 1, •through 30, June
•!
TABLE OF CONTENTS
PURPOSE....................................................... 4
DEFINITIONS................................................... 4
SECTION LTERMS AND CONDITIONS OF EMPLOYMENT ................. 4
SECTION 2. CITY .............................................. 4
SECTION 3. POLICE OFFICERS .................................... 4
ARTICLES OF AGREEMENT ......................................... 4
ARTICLE...................................................... 4
RECOGNITION OF EXCLUSIVE REPRESENTATIVE ...................... 4
SECTION 1. RECOGNITION ....................................... 4
SECTION 2. APPROPRIATE UNIT .................................. 5
POLICE OFFICERS AND EXCLUSIVE REPRESENTATIVE RIGHTS ........... 5
SECTION 1. INFORMATION ........................................ 5
SECTION 2. MEETINGS ........................................... 5
SECTION 3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE ............. 5
ARTICLE II: CITY RIGHTS ......................................... 6
SECTION 1. INHERENT MANAGERIAL RIGHTS ......................... 6
SECTION 2. MANAGEMENT RESPONSIBILITIES ........................ 6
ARTICLE III: EFFECT OF LAWS, RULES, AND REGULATIONS ............. 6
ARTICLE IV: PROHIBITED PRACTICES ............................... 7
ARTICLE V: HOURS OF WORK AND OVERTIME ........................ 7
SECTION 1. STARTING TIMES AND WORK SCHEDULES .................. 7
SECTION 2. SHIFT ROTATION ...................................... 7
SECTION 3. TRAVEL TIME ........................................ 8
SECTION 4. OVERTIME ........................................... 8
SECTION 5. CALLBACK OVERTIME ................................. 8
SECTION 6. MINIMUM CALLBACK OVERTIME PAY ..................... 8
SECTION 7. SHIFT CHANGE COMPENSATION .......................... 8
SECTION 8. HOURS OF WORK ...................................... 9
ARTICLE VI: SALARIES ........................................... 9
SECTION 1. PAY SCHEDULE ....................................... 9
SECTION 2. ADVANCED EDUCATION ................................ 9
SECTION 3. MASTER PATROL OFFICER .............................. 10
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SECTION 4. LATERAL TRANSFER STEP ............................... 10
SECTION 5. LATERAL TRANSFER EXPERIENCE ......................... 10
SECTION 6. TEAM LEADER PAY .................................... l l
SECTION 7. TEAM PAY .......................................... 11
SECTION 8. SPECIAL ASSIGNMENT PAY ............................. 11
SECTION 9. SEARGEANT PROMOTION .............................. 12
SECTION 10. ACCRUED COMPENSATORY TIME ....................... 12
SECTION 11. SHIFT DIFFERENTIAL ................................. 12
SECTION 12. FIELD TRAINING OFFICERS ............................ 12
ARTICLE VII: LEAVES OF ABSENCE ................................ 12
SECTION 1. SICK AND BEREAVEMENT LEAVE ........................ 12
SECTION 2. SICK LEAVE POOL AND GRANTS ......................... 13
SECTION 3. JURY DUTY .......................................... 14
SECTION 4. ANNUAL VACATION ................................. 14
SECTION 5. EMERGENCY LEAVE ................................. 14
SECTION 6. MEDICAL LEAVE .................................... 15
SECTION 7. GENERAL LEAVE ................................... 15
SECTION 8. MILITARY LEAVE ................................... 15
SECTION 9. PERSONAL LEAVE ................................... 16
ARTICLE VIII: LIGHT DUTY ....................................... 16
ARTICLE IX: HOLIDAYS ......................................... 17
ARTICLE X: RESERVE OFFICER PROGRAM .......................... 18
SECTION 1. INSTITUTION, TRAINING AND SUPERVISION ................ 18
ARTICLE XI: VACANCIES AND PROMOTIONS ........................ 18
ARTICLE XII: BULLETIN BOARD ................................... 19
ARTICLE XIII: HEALTH EXAMINATIONS AND REQUIREMENTS .......... 19
ARTICLE XIV: EMPLOYEE FRINGE BENEFITS ........................ 21
SECTION 1. MEDICAL INSURANCE ................................. 21
SECTION 2. RETIREMENT BENEFITS ................................ 22
SECTION 3. UNIFORM AND CLEANING ALLOWANCE ................... 22
ARTICLE XV: POLICE OFFICERS — DISCIPLINARY PROTOCOLS .......... 22
ARTICLE XVI: GRIEVANCE PROCEDURE ............................ 25
ARTICLE XVII: HEALTH AND SAFETY .............................. 27
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ARTICLE XVIII: SENIORITY ...................................... 27
ARTICLE XIX: SAVINGS CLAUSE .................................. 28
ARTICLE XX: HOLD HARMLESS ................................... 28
ARTICLE XXI: DURATION ........................................ 29
SECTION I. TERM .............................................. 29
SECTION2. EFFECT ............................................ 29
SECTION 3. SEVERABILITY...................................... 29
ARTICLE XXII: AMNESTY ........................................ 29
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THISAGREEMENT made and entered into this _day of , 2026, by and between the CITY
OF KALISPELL, Flathead County, Kalispell, Montana, hereinafter referred to as the "Employer"
and the KALISPELL POLICE ASSOCIATION, hereinafter referred to as "Association".
PURPOSE
This Agreement is entered into pursuant to and in compliance with the Montana Public Employees'
Collective Bargaining Law, Title 39, Chapter 31, MCA, as amended, hereinafter referred to as the
"Act," to provide the terms and conditions of employment for employees that are covered by this
Agreement and for the duration of this Agreement.
DEFINITIONS
SECTION 1. TERMS AND CONDITIONS OF EMPLOYMENT
Terms and Conditions of Employment shall mean wages, hours, fringe benefits, and other
conditions of employment subject to those limitations defined as management rights and
prerogatives by the Act.
SECTION 2. CITY
The term "City" shall mean City of Kalispell, Kalispell, Montana, the employer.
SECTION 3. POLICE OFFICERS
The terms "Police", "Police Officer" or "Officers" as used herein shall mean a member of
the appropriate unit as defined in this Agreement.
ARTICLES OF AGREEMENT
ARTICLE I:
A - RECOGNITION OF EXCLUSIVE REPRESENTATIVE
SECTION 1. RECOGNITION
In accordance with the Act, the City recognizes the Association as the exclusive
representative of all sworn police officers employed by the city, which exclusive
representative shall have those rights and duties as prescribed by the Act and as described in
this Agreement.
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SECTION 2. APPROPRIATE UNIT
The exclusive representative shall represent members of the appropriate unit that shall
consist of sworn police officers, but shall exclude the following: Chief of Police, Captains,
and Lieutenants.
B - POLICE OFFICERS AND EXCLUSIVE REPRESENTATIVE RIGHTS
SECTION 1. INFORMATION
The City agrees to furnish to the exclusive representative upon written request to the Chief of
Police such information, or access to such information, as is not confidential and is available
and appropriate, provided the exclusive representative reimburses the City for the cost of
providing such information.
SECTION 2. MEETINGS
The exclusive representative shall have the right to use available offices at the City Hall at
reasonable hours for meetings.
SECTION 3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE
A. The Association will be granted ten (10) days leave with pay to attend state, regional,
and national meetings and conventions. This leave is mutually beneficial to both the
Association and the Kalispell Police Department.
B. Notice of intended use of exclusive representative business leave shall be given to
the Chief of Police by the exclusive representative at least seven (7) days in advance
of usage, except in cases of emergency. This leave may not be granted if, in the
opinion of the city, such leave would create a hardship on the remaining members of
the Police Department.
C. As appropriate, training and information gleaned from said leave shall be shared
upon return, for benefit of the Kalispell Police Department.
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ARTICLE II: CITY RIGHTS
SECTION 1. INHERENT MANAGERIAL RIGHTS
The exclusive representative recognizes that the City is not required to and is not permitted
to meet and negotiate on matters of managerial prerogatives, which include but are not
limited to the following: directing employees' hiring, promoting, transferring, assigning, and
retaining employees; relieving employees from duties because of lack of work or funds or
under conditions where continuation of such work would be inefficient and non -productive;
maintaining the efficiency of government operations; determining the methods, means, job
classifications, and personnel by which government operations are to be conducted; taking
whatever actions may be necessary to carry out the missions of the Police Department in
situations of emergency; and establishing the methods and processes by which work is
performed. The exclusive representative further agrees that all management rights, functions
and prerogatives, not expressly delegated in this Agreement, are reserved to the City.
SECTION 2. MANAGEMENT RESPONSIBILITIES
The parties recognize the right and obligation of the City to efficiently manage and conduct
the operation of the City within its legal limitations and with its primary obligation to
provide a proper service to the community.
ARTICLE III: EFFECT OF LAWS, RULES, AND REGULATIONS
The parties recognize that all police officers covered by this Agreement shall perform the
duties and services prescribed by the Chief of Police or City Manager. The parties also
recognize the right, obligation, and duty of the City Council and its duly designated officials
to promulgate rules, regulations, directives, and orders insofar as such rules, regulations,
directives and orders are not inconsistent with the terms of this Agreement. The parties
further recognize that the City, all employees covered by this Agreement, and all provisions
of this Agreement are subject to the law of the State of Montana, Federal Laws, and valid
rules, regulations, and orders of State and Federal governmental agencies. By making
reference to state and/or federal rules, regulations and/or orders, the parties specifically agree
that references do not incorporate any of the state or federal rules, laws, regulations or orders
into this agreement. Any provision of this Agreement found to be in violation of any such
laws, rules, and regulations, directives, and orders shall be null and void and without force
and effect.
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ARTICLE IV: PROHIBITED PRACTICES
SECTION 1.
No employee shall be favored or discriminated against, whether by the Association or the
Employer because he maintains or terminates membership in the Association, holds any
office in the Association, bargains for the Association, files a grievance or for any other form
of lawful concerned activity.
SECTION 2.
The employer, the association, and their agents are prohibited from restraining or coercing
employees in the exercise of their rights to join or not to join the association, to maintain or
to terminate membership in the association, or to individually present a grievance.
SECTION 3.
The Employer will not aid, promote or finance any other labor group or organization, which
proposes to engage in collective bargaining or make any agreement with any such group or
organization for the purpose of undermining the Association during the term of the
Agreement.
ARTICLE V: HOURS OF WORK AND OVERTIME
SECTION 1. STARTING TIMES AND WORK SCHEDULES
A. Individual shift assignments shall be available for bidding, based on seniority, on a yearly
basis.
B. Officers will make their shift preferences known on a form provided by the Chief. Officers
who fail to submit any bid selection choice by the set deadline will be assigned to a shift by
the Administration.
C. Officers will make two selections, their first and second choice. Based on seniority and
department needs, assignments will be made. Management retains the right to make
exceptions to seniority -based bidding on up to 50 percent of the assignments to provide
exposure to non -ranking officers with under 4 years' experience to all shifts and experiences
within the department.
SECTION 2. SHIFT ROTATION
The rotation of personnel between shifts shall be minimized within the limitations of
providing an adequate and efficient work force at all times. Employees will be notified at
least twenty-four (24) hours prior to any change from their normal scheduled tour of duty. In
the case of an employee being on his regular scheduled days off, he will be personally
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notified of any change to his regular report back time. If this is not possible, the supervisor
in charge of scheduling work time will make an alternate change with another member.
SECTION 3. TRAVEL TIME
In the event an employee is directed by the Chief of Police to attend training outside of
Flathead County, time spent in transit to attend and return from training shall be counted and
compensated.
SECTION 4. OVERTIME
Overtime shall consist of any hours worked (including vacation, holiday, sick leave and
comp time used in lieu of regularly scheduled shifts) by the employee at the direction of the
City in excess of eighty (80) hours in a fourteen (14) day calendar work period. Before
working any overtime, the employee must be directed to work the overtime by the authorized
supervisor. Overtime pay shall be paid at the rate of one and one half (1 and 1/2) times the
employee's regular hourly rate of pay. By mutual agreement between the City and the
employee, before the overtime is worked, the employee may earn compensatory time at one
and one-half hours for each hour of overtime worked as prescribed by the Fair Labor
Standards Act (FLSA).
SECTION 5. CALLBACK OVERTIME
Callbacks for overtime payment will be made when overtime is not contiguous with an
employee's regular shifts.
SECTION 6. MINIMUM CALLBACK OVERTIME PAY
In the event overtime is not an extension at the beginning or end of a normal shift, the
minimum pay shall be the sum equivalent of two (2) hours base pay at the overtime rate of
pay of one and one-half (1 and 1/2) times the applicable rate of pay. In the event work
continues beyond two (2) hours, the minimum amount of pay equation shall not be applied
and, instead, actual hours worked shall be computed at time and one-half the applicable rate
of pay. For any callback specifically related to testifying in court, the minimum pay shall be
for three (3) hours under the provisions of this section.
SECTION 7. SHIFT CHANGE COMPENSATION
A. When an employee is requested or ordered to work on the employee's regularly scheduled
day off in lieu of a regularly scheduled day of work, the employee will received two (2)
hours of additional overtime pay.
B. When an employee is requested or ordered to change his or her regularly scheduled shift
within a regularly scheduled work day, the employee shall receive the highest shift
differential of the shift he or she was scheduled to work and shift he or she actually works.
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(For example, if an employee who is assigned to work the night shift is ordered to work the
day shift, that employee will receive the night shift differential.)
C. If an officer's schedule is changed to allow them to attend a formal school/training the city is
exempt from paying the shift change compensation as noted above.
SECTION 8. HOURS OF WORK
A. Other than for extenuating circumstances and notwithstanding the eighty (80) hour
schedule for payroll purposes; the normal working hours shall be the equivalent of forty
(40) hours per week for 52 weeks (2080 hours per year.) The normal working hours shall
be four (4) ten (10) hour days, with three (3) consecutive days off in a seven (7) day
period.
B. Employees assigned to be School Resource Officers will normally work a schedule that
reflects the work week of the school which they are assigned; generally, five (5) eight (8)
hour shifts with days off being Saturday and Sunday. School Resource Officers may
work ten (10) hour shifts on shortened school weeks and as an alternative (temporary)
assignments with prior supervisory approval.
ARTICLE VI: SALARIES
SECTION 1. PAY SCHEDULE
Salaries to be paid by the City to the employees in the bargaining unit during the period of
this Agreement are set forth in Schedule "A" attached hereto and by reference made a part of
this Agreement and shall be effective July 1st of each year.
SECTION 2. ADVANCED EDUCATION
Employees possessing an Associate of Arts/Sciences, Bachelor of Arts/Sciences, or Master's
degree from an accredited college or university in law enforcement or a related field shall
receive the following sum, to be calculated on the base pay:
Associate's degree: $10 per pay period
Bachelor's degree: $20 per pay period
Master's degree: $30 per pay period
To qualify, an employee must submit to the City a certified copy of the institution's official
transcript conferring the degree. Employees qualifying for the educational increment during
the term of this Agreement shall be compensated from the first day of the month next
succeeding attainment of the appropriate degree. Employees will receive only the highest
level of compensation for education level achieved.
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SECTION 3. MASTER PATROL OFFICER
A. To qualify for Master Patrol Officer, hereinafter referred to as "MPO", employees must:
a. Have attended a first line supervisory training course;
b. Have completed four years of service as a police officer with the City.
B. Employees who come to work for the Kalispell Police Department after having worked
as a sworn peace officer for another law enforcement agency and who successfully
complete the one (1) year of probation, shall receive up to three (3) years of experience
credit for their previous experience (for a total of four (4) years of experience) for the
purpose of qualifying for the rank of MPO.
C. In the absence of a shift sergeant the most senior MPO of that shift, unless otherwise
designated, will assume the role of sergeant without increased pay for the first four (4)
shifts per leave event by the Sergeant. To be a qualifying event the Sergeant's leave must
be consecutive. After four (4) shifts the MPO will receive `Sergeant pay'.
Compensation at the sergeant's rate only applies to those shifts actually worked in which
the Acting Sergeant is supervising their shift or until the sergeant returns or is replaced.
SECTION 4. LATERAL TRANSFER STEP
A. Employees who come to work for the Kalispell Police Department after having worked as
a sworn peace officer for another law enforcement agency with largely equivalent
responsibilities and who hold a current Basic Law Enforcement Certification that would
be recognized by Montana POST, shall have experience recognized on the pay matrix as
follows:
Years worked at other agencies will be acknowledged on a 2 for 1 basis up to a
recognition of 20 full years' experience. (Examples: 1) An officer with 20 years'
experience will be placed at step 11.2) An officer with 10 years' experience will
be placed at step 6.)
SECTION 5. LATERAL TRANSFER EXPERIENCE
A. In order to be eligible for the experience credits provided for Sections 3 and 4 ,
employees must have a current and valid transferable POST law enforcement basic
certificate.
B. The experience credits for work for another law enforcement agency provided for in
Section 3 and 4 shall be used only for the purpose of achieving the rank of Master Patrol
Officer under Section 3 and for receiving the step increase under Section 4. The
employer shall not recognize experience with any other law enforcement agency for the
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purpose of seniority. Seniority within the Kalispell Police Department will continue to be
based on the date of hire with the Department.
SECTION 6. TEAM LEADER PAY
A. Employees shall receive an amount equal to four percent (4%) of base pay for serving in
the following leader/coordinator positions:
a. SWAT Team Leader
b. Firearms Range Master
c. Major Crimes Unit
d. Crisis Negotiations Team
e. School Resource Officer
f. Wellness Coordinator
B. Employees shall only receive Team Leader Pay for one team and shall not receive Team Pay in
addition to Team Leader Pay.
C. The Chief reserves the right to add, delete or re -assign team(s), coordinator(s)/team leader(s)
and special assignment(s) based on the needs of the department
SECTION 7. TEAM PAY
A. Employees shall receive an amount equal to two percent (2%) of base pay for serving in the
following team positions:
a. Crisis Negotiations Team
b. SWAT
c. Major Crimes Unit
d. PVOC
All departmentally recognized instructors to include but not limited to:
a. Field Training Officer
b. Defensive Tactics Instructor
c. Less Lethal Munitions Instructor
d. Peer Support/Wellness Team
e. Firearms Instructor
B. Employees shall only receive Team Pay for one team.
SECTION 8. SPECIAL ASSIGNMENT PAY
A. Employees shall receive an amount equal to four percent (4%) of base pay for serving in
the following assignments (to account for on -call duties, shift changes, etc.):
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a. Canine Handler
b. Detective
C. Drug Task Force
d. DUI Officer
• The DUI Officer shall be Senior Intoxilyzer Coordinator
SECTION 9. SERGEANT PROMOTION
Patrol Officers that are promoted to the Sergeant position shall be placed at the step of the
pay matrix that corresponds to his or her existing step on the matrix as a Patrol Officer.
SECTION 10. ACCRUED COMPENSATORY TIME
A. Employer agrees to allow covered employees to cash in up to forty (40) hours of accrued
compensatory time, with notice given by Employee to Employer on or before January 15' of
each year to be paid to Employee by separate check on or before August 1 that same year.
B. Notwithstanding paragraph A, above, any police officer accumulating 440 or more hours of
compensatory time may cash an additional forty (40) hours of compensatory time, with
notice given by Employee to Employer on or before January 15th of each year to be paid to
Employee by separate check on or before August 1 that same year.
SECTION 11. SHIFT DIFFERENTIAL
A. Beginning July 1, 2007, a shift differential shall be paid as follows:
a. Any shift that starts on or after 1400 hours and before 1900 hours will receive an
extra $.75 per hour.
b. Any shift that starts on or after 1900 hours and before 0500 hours will receive an
extra $1.50 per hour.
c. Shift differential applies to all hours including vacation and holidays.
SECTION 12. FIELD TRAINING OFFICERS
Field Training Officers (FTO) shall earn $5.00 per hour for hours worked directly with a
trainee or intern.
ARTICLE VII: LEAVES OF ABSENCE
SECTION 1. SICK AND BEREAVEMENT LEAVE
A. The earning rate for sick leave shall be as set forth in state law, Section 2-18-618 MCA.
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B. Sick and bereavement leave with pay shall be allowed for an employee who is absent for any
of the following reasons:
a. Illness or injury incapacitating the employee to perform his work; or
b. Illness or death in the immediate family requiring the attendance of the employee; or
c. Dental or optical care, or related treatment; or
d. A medical examination (except when required by the City).
C. The Chief of Police may require medical verification for absences described in Section B.
D. Sick and bereavement leave for any reason described in Section B. shall be limited to a
maximum of three (3) days for illness and five (5) days in the event of death in any one
instance. This does not include travel time to the scene.
E. "Immediate Family" under Section B. shall mean: spouse, children, mother, father, sisters,
brothers, foster parents, and immediate family of any of the above.
F. Illness that occurs during an employee's vacation shall be charged off to sick and
bereavement leave. A written medical verification or proof of illness will be required to
charge to sick and bereavement leave.
G. Applicable state laws shall govern any injury occurring while an officer is on the job
drawing salary from the City.
SECTION 2. SICK LEAVE POOL AND GRANTS
A. The Kalispell Police Association may under this Agreement institute a sick leave pool
program by which employees covered by this Agreement may contribute accrued sick leave
hours to a pool and request that sick leave hours be provided from the pool, subject to the
following:
a. Contributions to the sick leave pool by covered employees may only be made,
voluntarily and irrevocably, in eight (8) hour increments, subject to a forty (40) hour
per year maximum, and the amounts so contributed shall be deducted from
employee's accrued sick leave carried by the City.
b. The Kalispell Police Association shall administrate the granting of sick leave benefits
to covered employees from the pool, provided that no covered employee shall
receive more than two hundred and forty (240) hours of pool benefits in any twelve-
month period.
c. A covered employee is not eligible to receive sick leave from the pool unless and
until he/she has exhausted all accrued sick leave, vacation leave, other paid leave and
compensatory time.
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d. A covered employee is not eligible to receive sick leave from the pool if that
employee is on workers' compensation or is no longer employed by the City because
of resignation, retirement, discharge or lay off.
SECTION 3. JURY DUTY
Jury Duty shall be governed by Section 2-18-619, MCA, as amended.
SECTION 4. ANNUAL VACATION
A. Vacation shall be accrued in accordance with the following schedule:
WORKING
YEARS OF EMPLOYMENT HOURSCREDIT
1 day through 10 years 120
11 years through 15 years 144
16 years through 20 years 168
21 years on 192
B. The minimum vacation time allowed to be taken by an employee will be one (1) hour.
C. Vacation time shall not accrue during any leave of absence without pay.
D. Annual vacation may be accumulated to a total not to exceed twice the annual earning rate as
of midnight, December 31, of any year.
E. The Chief of Police shall arrange or cause to be arranged vacation time for employees on
such a schedule as will least interfere with the functions of the Police Department.
F. On the death of an employee in active service, pay will be allowed for any vacation earned
and not taken prior to the death of such employee.
G. An Officer who terminates employment is entitled upon the date of termination to cash
compensation for unused vacation leave, assuming that the Officer has worked the qualifying
period.
H. Vacations will be taken between January 1 and December 31. Vacation time may be split.
Vacation requests submitted between October 1 and October 15 for the following year shall
take priority over those submitted after October 15. For up to 80 hours of vacation requested
between October 1 and October 15 for the following year, seniority shall govern. Vacation
requests after October 15 shall be assessed on a first -come, first -served basis.
SECTION 5. EMERGENCY LEAVE
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A. An employee may be granted a leave, at the discretion of the Chief of Police, of no more
than one (1) day per year, non -accumulative, the day to be deducted from sick and
bereavement leave, for emergency situations that arise requiring the employee's personal
attention which cannot be attended to when work is not in session and which are not covered
under other provisions of this Agreement.
B. Requests for emergency leave must be made in writing to the Chief of Police at least three
(3) days in advance, whenever possible. The request shall state the reason for the proposed
leave. The Chief of Police reserves the right, in his sole discretion, to refuse to grant such
leave if under the circumstances involved, he determines such leave should not be granted.
All leaves must have prior approval, and at no time shall more than one (1) employee be
granted emergency leave.
SECTION 6. MEDICAL LEAVE
A. An employee who is unable to work because of illness or injury and who has exhausted all
sick leave credit available shall, upon request, be granted a medical leave of absence, without
pay, up to six (6) months. The Employer may, in its sole discretion, renew such leave.
B. A request for leave of absence or renewal thereof under this section shall be accompanied by
a written doctor's statement outlining the conditions of health and estimated time at which
the employee is expected to be able to assume his normal responsibilities.
SECTION 7. GENERAL LEAVE
A. Employees with a minimum of five (5) years of experience in the Police Department may
apply for an unpaid leave of absence, subject to the provisions of this Section. The granting
of such leave shall be at the sole discretion of the Employer.
B. With respect to all leave sections heretofore set out, the employee returning to work shall be
offered employment at the same rank the employee had before the leave.
SECTION 8. MILITARY LEAVE
A. Any employee who enlists or is called for military service will be granted military leave
without pay. Any six (6) month employee who is a member of the Armed Forces, their
service components, or the National Guard, will be granted leave with pay, in accordance
with Federal and State Law for the required training duty. This covers weekly and weekend
drills and annual tour when ordered by the military authorities. Such leaves will be granted
by the Employer upon prompt employee's presentation of the official notice of the military
unit concerned.
B. With respect to all leave sections heretofore set out, the employee returning to work shall be
offered employment at the same rank the employee had before the leave.
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SECTION 9. PERSONAL LEAVE
One (1) day of paid personal leave per contract year is to be made available to unit members to
attend to personal business. Three (3) days notice to the supervisor is required for this non -accruable
day. Granting of the day's leave to a unit member is contingent upon the shift work being covered
by the remainder of the employees on shift so that no substitute help would have to be hired.
ARTICLE VIII: LIGHT DUTY
SECTION 1
A. The City of Kalispell, consistent with the law and not in violation of this Agreement, retains
the right to offer employees injured on and off the job to light duty positions that they are
able to perform for up to forty-five (45) days with option to extend in 45 day increments, up
to a maximum of 5 extensions, for a total of 270 calendar days.
B. Preference will be given to employees with documented work -related injuries for light duty
assignments. The City reserves the right to determine the availability, duration, and scope of
all light duty assignments based on operational needs and applicable laws. Those in light
duty assignments shall maintain a satisfactory level of performance and shall be evaluated by
the Captain every 45 calendar days, prior to extensions will be granted. Such extensions shall
be dependent on satisfactory performance. Extensions beyond 90 calendar days must to be
approved by the City Manager.
C. Prior to the consideration or approval of any light duty assignment, the employee must
submit a current medical status report from their treating healthcare provider to Human
Resources. The report must clearly outline the employee's work restrictions, physical
limitations, and anticipated duration of restrictions. HR and the Chief shall evaluate the
medical documentation to determine whether a light duty assignment may be reasonably
accommodated based on the employee's restrictions and operational needs of the department.
D. If a light duty assignment is approved and offered, the employee shall be required to provide
updated medical status documentation at least once every forty-five (45) calendar days, until
the employee is released to return to full duty or the light duty assignment concludes.
Failure to provide timely and sufficient medical documentation may result in delay,
modification, or discontinuation of the light duty assignment.
E. If an employee who was injured on the job refuses a bona fide offer of light duty work, the
City shall notify the current workers' compensation carrier that a light duty assignment was
offered and declined. The refusal of light duty work may result in reduction or termination
of workers' compensation wage loss benefits as determined by the insurance carrier in
accordance with applicable law.
F. Alternate work shall not exceed forty (40) hours of work unless agreed to by the employee,
union, and management.
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G. Work shall not interfere with scheduled appointments with licensed health care providers
including rehabilitation or physical therapy. Time missed for medical appointments shall be
recorded as sick time The employee and management agree to work to coordinate these
appointments that are beneficial to both.
ARTICLE IX: HOLIDAYS
SECTION 1. The following are established as city holidays for the duration of this Agreement:
1)
New Year's Day
2)
Martin Luther King's Day
3)
President's Day
4)
Memorial Day
5)
Independence Day
6)
Labor Day
7)
Veterans' Day
8)
Thanksgiving Day
9)
Day After Thanksgiving
10)
Christmas Day
11)
State Election Day
SECTION 2.
1 st day of January
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1 st Monday in September
November 11
4th Thursday in November
41h Friday in November
December 25
Even numbered years
A. In the event, the legislature of the State of Montana or the City Council of the City of
Kalispell shall hereafter by law or ordinance establish any holidays in addition to the ones
enumerated above, the holiday, so established shall be granted to employees covered by this
Agreement.
B. Officers shall receive paid holiday leave for each holiday. Those officers working uniform
patrol shifts on a holiday shall receive another day off for the holiday or may elect to sell
back that holiday time at one and a half times their regular hourly rate within that pay period
a. The number of hours of holiday leave shall be the same as the officer's longest
regularly assigned shift in the pay period in which the holiday occurs.
b. Holiday leave may be used at the officer's discretion, subject to the approval of the
Chief of Police.
c. Officers will be paid at double-time when called in on a holiday that was scheduled
for them to be off, provided however, that at the officer's discretion, the officer may
elect to take an equal number of hours off for the holiday.
d. Holiday leave must be used in the fiscal year in which it is earned.
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e. Holiday leave may not be carried over from year to year.
f. By April 1 of each year, officers must submit a request to use their accrued but
unused holiday leave by the end of the fiscal year. In the event the holiday leave
cannot be scheduled, it will paid out.
g. The officer electing to receive money instead of a day off must notify the department
of their election, as noted in Section 2 B, by January 15th of each year, to be paid in
the next fiscal year. Failure to give notice of their election will result in the officer
receiving the time off.
h. Officers electing to receive pay as noted in Section 2 B will receive that pay the first
pay period in the new fiscal year.
i. Any officer who receives compensation for a holiday(s) as noted in Section 2 B, and
leaves employment with the City prior to the actual holiday(s) is responsible to
reimburse the City for those holidays.
ARTICLE X: RESERVE OFFICER PROGRAM
SECTION 1. INSTITUTION, TRAINING AND SUPERVISION
A. The City may establish a reserve officer program consistent with the requirements of
Montana law. Training for the reserve officers shall meet the requirements of Montana law
and must include a mandatory field -training program approved by the Kalispell Police
Department.
B. All reserve -officers are subordinate to full-time Police Officers. Reserve officers are not
members of the bargaining unit covered by this agreement. Consistent with Section 7-32-
221, MCA, reserve officers serve at the pleasure of the Kalispell Police Chief and may be
terminated at any time by the Police Chief by written notification without cause.
C. It is not the intent of the parties that the City will regularly assign reserves to duties that will
require them to be outside the immediate presence of a full-time police officer. However,
both parties recognize that circumstances may occur that will require reserves to be outside
the full-time officer's immediate presence while still remaining within the immediate span of
control of the full-time officer within reasonable limits.
D. The City must make all reasonable efforts to offer overtime shifts to Police Officers
before offering them to reserve officers.
ARTICLE XI: VACANCIES AND PROMOTIONS
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The Employer shall endeavor to fill City -declared vacancies within ninety (90) days and
where relative or substantial abilities and qualifications are equal, the Employer shall
promote from within the Police Department prior to seeking outside employment sources.
ARTICLE XII: BULLETIN BOARD
The Employer agrees to furnish a bulletin board for the use of the Association for non-
political activities. The bulletin board is to be used only for notices of Association meetings,
Association business, elections and results, and social functions in connection with the local
Association. The Association shall designate a person who shall be responsible for all
notices posted on the board.
ARTICLE XIII: HEALTH AND WELLNESS
SECTION 1.
Health and wellness of Officers is of utmost importance, specifically maintaining health and
wellness in three areas: (1) Mental Health; (2) Physical Health; and, (3) Physical Fitness.
Accordingly, the following Health and Wellness incentives promote and recognize Officer's healthy
lifestyle and encourage all members to participate.
1. Mental Health
a. The purpose of this program is to establish incentives for employees to take the
appropriate steps to address the potential effects on their mental health and
encourage them to maintain a healthy lifestyle. Notably, any program or incentive
referred to under this Article is wholly separate and distinct from Fitness for Duty,
as described in Kalispell Police Department Policy, No. 1016.
b. The Department has a City of Kalispell Employee Assistance Program (hereby
referred to as EAP) provides services to all employees. Provided the service is
offered by the city, officers will have access to a maximum of 6 sessions per fiscal
year as defined by current EAP procedure and will follow EAP procedure for
making their own appointments. An Officer may pay out of pocket for private
practice mental health appointments. To be eligible for the benefits below, an
officer must provide proof of their appointment, even if said mental health
provider is not on the EAP list.
c. Any appointment or session referred to under this Section is in addition to those
mandated under Critical Incident Stress Management (CISM), as described in
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KPD Policy No. 1033.5. Should an Officer be subject to CISM, the Officer is not
entitled to the incentive described herein.
d. Officers may attend voluntary appointments with a mental health professional,
either through the EAP procedure, or organized privately by the Officer. For the
first appointment scheduled and attended, the Officer will be granted 5 hours of
comp time. If the Officer chooses to continue regular meetings with a mental
health professional, they shall receive 2 hours of comp time per meeting with a
cap after the sixth visit. The maximum amount of comp time that can be accrued
via the Mental Health initiative is 15 hours per fiscal year. The Officer shall
submit proof of the visits to the Police Chief to be eligible for comp time
accruement.
2. Physical Health — It Starts With Me Health
a. Currently, the City of Kalispell, via MMIA, offers all employees, including
Officers, the opportunity to participate in a free Health Screening through It Starts
With Me Health. These screenings are offered at the discretion of MMIA, and
their availability and structure are subject to change. Screenings include collection
of general health information (e.g., weight, height, vital signs, and blood screen).
Screenings are confidential, and provide information to the Officer that may assist
in maintaining or improving overall health.
b. MMIA offers incentives, up to $200, for participating in Health Screenings as
follows:
i. $50 for registration and attendance.
i i. $50 for participating in a review phone call with a health coach.
iii. $50 for watching a short educational video and completing an online quiz.
iv. $50 if at least 80% of all City employees participate.
3. Physical Fitness — Montana Physical Abilities Test (MPAT)
a. Each Officer covered by the Agreement must maintain a medically acceptable
physical fitness commensurate with the duties and requirements of their position.
This may include demonstrating such condition by a physical examination.
b. Whenever the City shall require a physical examination in connection with this
section, or any other provision of this Agreement, the same shall be at the City' s
expense. Such examination shall be scheduled during the officers' duty time.
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It is important for Officers to maintain overall health, mobility, and physical
fitness to ensure they are capable of meeting the demands of their duties, as
required prior to their acceptance in the Montana Law Enforcement Academy
(See ARM 23.17.614). Many law enforcement tasks require significant physical
exertion, and successful outcomes may depend on an officer's physical capability.
The purpose of this program is to promote a healthy lifestyle by encouraging
department members to engage in regular exercise and maintain a balanced
approach to personal well-being.
d. The Kalispell Police Department will offer the MPAT as the department's fitness
assessment. The MPAT is the standardized physical fitness test adopted by the
Montana Law Enforcement Academy. Testing will be offered once, annually, per
Officer as scheduling and equipment availability permit, with multiple testing
sessions offered to accommodate different shifts. Participation in the annual
MPAT is mandatory.
e. Officers shall receive compensatory time off according to the following scale:
MPAT TIME
COMPENSATORY
TIME
Standard #1
6:30-5:29
4 hours
Standard #2
5:28-4:41
8 hours
Standard #3
4:40 and under
12 hours
f. Those officers who do not complete the MPAT under the pass/fail time of 6:30
shall receive no compensatory time.
ARTICLE XIV: EMPLOYEE FRINGE BENEFITS
SECTION 1. MEDICAL INSURANCE
A. The City shall determine the insurance carrier and contribute an amount each month toward
Health Insurance Coverage as determined by the employee's status (single, two-party, single
with children, or family) in an amount that is equal to the City's contribution for the health
insurance contract. However, if the City enters into a Health Insurance contract that causes
the monthly premiums to increase, the City shall pay at least one-half of such increase and
the employee shall pay no more than one-half of such increase. Likewise, in the event the
City enters into a Health Insurance contract that causes the monthly premiums to decrease,
the City and employees shall divide the benefit of such premium decrease so that the
employees receive at least half of the premium decrease.
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2025-2026
Monthly Rates
Rate
City
Employee
Single
$918.00
$918.00
Employee/Children
$1607.00
$1290.00
$317.00
2-party
$1836.00
$1428.91
$407.09
Family
$2526.00
1 $1881.50
1 $644.50
B. During the term of this Agreement, the benefits provided by the Health Insurance Coverage
may be changed or reduced if the City and the Association agree.
C. The City agrees to cover the cost not covered by the City's health insurance policy for
biennial physicals for all bargaining unit employees.
D. If during the term of this agreement, the Kalispell Firefighters Union, AFSME or nonunion
employees (except for the City Manager, City Attorney or Department directors) receive
higher contributions for medical insurance than the rates stated in this Agreement, the rate of
contributions for employees covered by this Agreement shall be increased to the rate so paid.
SECTION 2. RETIREMENT BENEFITS
The Employer and Association shall continue retirement contributions to the present plan.
SECTION 3. UNIFORM AND CLEANING ALLOWANCE
The employer shall pay $400 each July, and $400 each January, by separate check, during
the term of this Agreement as a Safety Equipment/Uniform and Cleaning Allowance. It is
understood and agreed between the parties hereto that the Uniform and Cleaning Allowance
heretofore included as a separate item of compensation under previous collective bargaining
agreements, except the $400 stated above, has been, and is hereby, included in the base pay
calculations of Schedule "A".
ARTICLE XV: POLICE OFFICERS — DISCIPLINARY PROTOCOLS
A. When any police officer is under formal investigation for any act which may result in a
disciplinary action such that the officer is subjected to formal interrogation by a commanding
officer, or any other representative of the Employer, such interrogation shall be conducted
under the conditions prescribed by this Article. For the purpose of this article, disciplinary
action is defined as an action which may lead to a oral written warning, written reprimand,
transfer, suspension, demotion, reduction in salary or dismissal for disciplinary purposes.
Nothing in this Section shall apply to any interrogation of a police officer in the normal
course of duty, counseling, instruction, or informal verbal admonishment by, or other routine
or unplanned contact with, a supervisor or any other police officer, nor shall this Section
apply to an investigation concerned solely and directly with alleged criminal activities.
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Informal discussion between supervisor and employee shall be exempt from the provisions
of this article. A formal action is any action where an officer is informed by a supervisor or
other representative of the Employer that a formal investigation has been initiated. When
such formal notification occurs, the following conditions shall apply:
a. The Employee under formal investigation shall be informed of the nature of the
investigation prior to any interview, and he/she shall be informed of the names and
addresses of all complainants, if any, or individuals directly involved in the matters
being investigated. The investigating officer of a complaint may be the complainant.
Failure or absence of a complainant to come forward with a formal complaint will
not preclude Kalispell Police Department from investigating.
b. The interrogation shall be conducted at a reasonable hour, preferably at a time when
the police officer is on duty, or during the normal waking hours for the police officer,
unless the seriousness of the investigation requires otherwise. If such interrogation
does occur during off -duty time of the police officer being interrogated, the police
officer shall be compensated for such off -duty time in accordance with regular
department procedures, and the police officer shall not be released from employment
for any work missed.
c. All questions to be directed to the police officer under interrogation shall be asked by
and through no more than two interrogators at one time.
d. The interrogating session shall be for a reasonable period taking into consideration
gravity and complexity of the issue being investigated. The person under
interrogation shall be allowed to attend to his or her personal physical needs.
The police officer under interrogation shall not be subjected to offensive language or
threatened with disciplinary action, except that an officer refusing to respond to
questions or submit to interrogatories shall be informed that failure to answer
questions directly related to the investigation or interrogation may result in
disciplinary action. The Employer shall not cause the police officer under
interrogation to be subjected to visits by the press or news media without his or her
express consent nor shall his or her home address or photograph be given to the press
or news media without his or her express consent.
f. The complete interrogation of a police officer may be recorded, and there shall be no
unrecorded questions or statements unless mutually agreed to. At the request of the
Employee a copy of the interview shall be furnished to him/her if transcribed. If a
tape recording is made of the interview, the Employee shall have access to the tape.
The police officer being interrogated shall have the right to bring his own recording
device and record any and all aspects of the interrogation.
g. If prior to or during the interrogation of a police officer it is deemed that he/she may
be charged with a criminal offense, he shall immediately be informed of his/her
constitutional rights.
h. Upon the filing of a formal written statement of charges, or whenever an
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interrogation focuses on matters which are likely to result in disciplinary action
against any police officer, the officer shall have the right to be represented by a
representative of his/her choice at his/her own expense who may be present at all
times during such interrogation. The representative shall not be a person subject to
the same investigation; however the representative shall be available in a timely
manner. The representative shall not be required to disclose, nor be subject to any
punitive action for refusing to disclose any information received from the officer
under investigation for non -criminal matters.
i. No officer shall be loaned or temporarily reassigned to a location or duty assignment
if a sworn member of his department would not normally be sent to that location or
would normally be given that duty assignment under similar circumstances.
B. Exercise of Rights
No police officer shall be subjected to disciplinary action, or denied promotion or be threatened
with any such treatment, because of the lawful exercise of any rights granted under this
article, or the exercise of any rights under the existing grievance procedure contained in this
agreement.
C. Comments Adverse to Interest
a. No police officer shall have a comment adverse to his or her interest entered in his or
her personnel file without the police officer having first read and signed the
instrument containing the adverse comment. Signature of the instrument shall
indicate that the officer is aware of such comment. If, after reading such instrument,
the officer refuses to sign, that fact shall be noted on that document, and signed or
initialed by witnesses to the refusal.
b. A police officer shall have thirty (30) days within which to file a written response to
any adverse comment entered in his or her personnel file. Such written response shall
be attached to, and shall accompany, the adverse comment.
D. Just Cause
a. Confirmed officers maybe disciplined or discharged by the Employer for just cause.
b. For discipline other than criminal offenses and serious misconduct, the Employer
shall use progressive discipline, employing discipline letters, suspensions and/or
discharge.
E. Confirmed officers who have received discipline letters, suspensions or discharge may
choose to appeal the decision through the grievance procedure.
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ARTICLE XVI: GRIEVANCE PROCEDURE
SECTION 1.
A "Grievance" shall mean an allegation by an employee or the Association resulting in a dispute
or disagreement between the employee and the Employer as to the interpretation or application
of terms and conditions contained in this Agreement.
SECTION 2.
The Association shall certify in writing to the Employer the names of all employees authorized
to represent the Association in this procedure. An Association authorized representative may
process grievances during regular working hours without loss of regular pay subject to the
approval of the Employer.
SECTION 3.
Grievances must be filed by the affected employee or the Association within ten (10) calendar
days of the date of the alleged incident or occurrence first giving rise to the grievance with the
appropriate party as specified herein. The written grievance shall contain, at a minimum, the
following information:
a. The name of the grievant(s)
b. The date(s) of the grievance
C. The nature of the grievance
d. The item(s) of the Agreement in dispute
e. The resolution sought
SECTION 4.
The parties agree to resolve all grievances which may, arise during the course of employment in the
following manner:
LEVEL I.
An effort shall first be made to resolve an alleged grievance informally between the
affected employee and his or her immediate Captain or designee. If the grievance is not
resolved through informal discussions, the grievance shall be presented by the employee
or the Association in writing to the appropriate Captain who shall give a written decision
on the grievance to the parties involved within ten (10) calendar days after the receipt of
the written grievance.
LEVEL II.
In the event the grievance is not resolved in Level I, the decision rendered may be
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appealed by the employee or the Association to the Chief or his/her designee, provided
such appeal is made in writing within ten (10) calendar days after receipt of the decision
in Level I. If a grievance is properly appealed to the Chief or his/her designee, the Chief
or his/her designee shall set a time to meet regarding the grievance, such meeting to be
held within ten (10) calendar days after receipt of the appeal. Within ten (10) calendar
days after the meeting, the Chief or his/her designee shall issue a decision in writing to
the parties involved.
LEVEL III.
If the grievance has not been resolved at Level II, the grievance may be presented by the
Association to the City Manager or his/her designee provided such appeal is made in
writing within ten (10) calendar days after receipt of the decision in Level II. If the
grievance is properly appealed to the City Manager, he or she shall set a time to meet
regarding the grievance, such meeting to be held within ten (10) calendar days after
receipt of the appeal. Within ten (10) calendar days after the meeting, the City Manager
shall issue a decision in writing.
LEVEL IV.
In the event there is no resolution of the grievance within the time specified, either party
shall have ten (10) calendar days to notify the other party of the intent to proceed to
arbitration. The parties shall select an impartial arbitrator (who shall be agreeable to the
Employer and the Association). In the event that the parties to the dispute are unable to
agree upon a selection of an arbitrator, the Montana Board of Personnel Appeals shall be
requested to provide a list of seven (7) names of qualified arbitrators. Each party to the
dispute shall alternately strike names with the party bringing the grievance striking the
first name, until one remains and that person shall be designated the arbitrator. The
arbitrator shall consider the grievance and shall render a written decision within thirty
(30) calendar days of the date of the close of the hearing of the grievance.
SECTION 5.
The arbitrator shall not have the power to detract, modify or amend this Agreement in any way.
SECTION 6.
The decision of the arbitrator shall be binding upon all parties concerned.
SECTION 7.
Each party shall bear the fees and expenses of the presentation of its case. The fees and
expenses of the impartial arbitrator shall be shared equally between the parties.
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SECTION 8.
In the event one of the parties to the arbitration wants a transcript of the arbitration proceedings,
the party requesting the transcript shall pay all costs of such transcript.
SECTION 9.
Failure by the employer to issue a decision within the time periods provided herein shall not
constitute a denial of the grievance, but the employee or the Association may consider such
failure as a denial of the grievance and appeal to the next level of the grievance procedure,
provided however, that the deadline for moving a grievance from one level to the next does not
begin to run until the employer issues a written decision.
SECTION 10.
Computation of Time. In computing any period of time prescribed or allowed by procedure
herein, the date of the act, event, or default for which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be counted, unless it is
Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day
which is not a Saturday, Sunday or a legal holiday. The parties may, by mutual agreement,
extend any deadlines provided for in this Article.
SECTION 11.
Filing and Postmark. The filing or service of any notice or document herein shall be timely if it
is personally served or if it bears a postmark of the United States Postal Service within the time
period.
ARTICLE XVII: HEALTH AND SAFETY
The health and safety of employees shall be reasonably protected while in the service of the
Employer. The Employer shall carry industrial accident insurance on all employees and false arrest
insurance. Employees are directed to report all personal injuries received in the course of
employment. No police officer shall be required to work with unsafe equipment or to work without
a firearm, unless mutually agreed to the contrary.
ARTICLE XVIII: SENIORITY
A. Seniority: Seniority means an employee's length of continuous service within the
Department and shall be computed from the date the employee begins such service.
a. To be absent from the job due to layoffs will be considered lost time for the purpose
of seniority. Previous service upon re-employment shall count toward seniority.
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b. To be absent from the job due to voluntary leave of absence without pay that exceeds
fifteen (15) calendar days will be considered lost time for the purpose of seniority;
however, previous service upon re-employment is counted towards seniority.
c. To be absent from the job due to active military leave will not affect seniority. Such
time spent in military service will count towards seniority.
d. Absences due to job related injury or approval of sick or FMLA leave shall be
considered as time worked for the purposes of determining seniority.
e. An employee's continuous service for purpose of seniority shall be broken by
voluntary resignation, discharge for just cause, or retirement.
f. Employees may protest their seniority designation through the usual grievance
procedure if they have cause to believe an error has been made. Employer shall post
a seniority roster December 1 st and June 1st of each year.
g. Layoffs caused by reduction in force shall be in order of seniority within the
department; that is, the employee last hired in the department shall be the first
released. Employees who are scheduled to be released shall be given at least twenty-
one (21) calendar days notice. All recalls to employment shall likewise be in order of
seniority within the department; that is, the last employees released as a result of a
reduction in force shall be the first rehired. All recall rights established herein shall
expire at the conclusion of two (2) years from the effective date of the employer's
layoff. It shall be the employee's responsibility to maintain a current notification
address on record with the Police Chief or his designee. The Union shall also be
notified in advance of all recall actions. An employee who is notified to report to
duty, but fails to notify the Employer within five (5) calendar days of his intention to
report to work shall forfeit his right to re-employment. The City agrees not to lay off
any full-time law enforcement officer while active reserve law enforcement officers
are continuing to be utilized by the City.
ARTICLE XIX: SAVINGS CLAUSE
If any provision of this Agreement or the application of such provision should be rendered or
declared invalid by any court action or by reason of any existing or subsequently enacted legislation,
the remaining parts or portions of this Agreement shall remain in full force and effect. Upon written
request of either party, the parties hereby agree to meet within thirty (30) days thereafter to negotiate
modifications of the effected provision.
ARTICLE XX: HOLD HARMLESS
The City shall provide insurance protection to defend and indemnify, if necessary, law enforcement
officers of the Kalispell Police Department for claims, actual or alleged, while acting in their
capacity as a police officer, provided that such incidents, damages or acts are not caused by willful
violations of the Constitution of the United States, penal statutes, acts of fraud or conduct contrary to
the policies of the City.
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ARTICLE XXI: DURATION
SECTION 1. TERM
This Agreement shall remain in full force and effect for a period commencing July 1, 2026
through June 30, 2029. This Agreement may be opened for the purpose of negotiating
economic items provided that notice is given by either party by the 15t' day of March
beginning 2027, and yearly thereafter.
SECTION 2. EFFECT
This Agreement constitutes the full and complete Agreement between the City and
Association. Any matter relating to the current contract, whether or not referred to in this
Agreement, shall not be open for negotiations during the term of this Agreement.
SECTION 3. SEVERABILITY
The provisions of this Agreement shall be severable, and if any provision thereof or the
application of any such part or provision under any circumstances is held invalid, it shall not
affect any other provision of this Agreement or the application of any provision thereof.
ARTICLE XXII: AMNESTY
No employee of the City and/or elected official will discriminate, discharge, discipline, harass,
coerce, slander, intimidate, non -cooperate or not work with any city employee, member of the
public, City Council and/or merchant because of their participation or non -participation in the arrival
of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2026.
CITY OF KALISPELL KALISPELL POLICE ASSOCIATION
M.
City Manager
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By:
President
By: <�C
W-- '�--
Chief Negotiator
Chief Negotiator