1. Contract Ratification - Kalispell Police AssociationCity of Kalispell
Charles A. BarbalI Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Frank Garner, Chief of Police
SUBJECT: KPA Contract for 2004-2007
Tel 406.758.7708
Fax 406.758,7771
ch arba I I Ca3 k al i spell. com
MEETING DATE: Monday, July 26, 2004 — Special Meeting
BACKGROUND: The City of Kalispell and the Kalispell Police Association
contract expired on June 30, 2004. The bargaining committees have met and have
come to a tentative agreement on the attached three-year contract covering July 1,
2004 through June 30, 2007. The committees feel comfortable that the Kalispell
Police Association will ratify the agreement when they meet on July 23ra.
RECOMMENDATION: The City Council should consider and ratify the proposed
contract giving the City Manager the authority to execute the document.
FISCAL EFFECTS: The contract has a total three-year price tag of an additional
$180,000 over the current cost of personnel in the KPA bargaining unit. The
consequences of failing to come up to this level of remuneration would likely
increase the turnover rate within the department because of the considerably
higher wages offered by Flathead County. The fiscal effects of turnover and loss of
good experienced law enforcement officers would most likely carry a larger price tag
than the contract before Council.
Respectfully submitted,
Charles Harrell, City Attorney Fran Garner, Chief of Police
AGREEMENT
Between the CITY OF KALISPELL, Flathead County, Montana, and the KALISPELL POLICE
ASSOCIATION, through June 30, 2007.
TABLE OF CONTENTS
PURPOSE. .................................................................... ........................ ......................
........... 2
DEFINITIONS................................................................................................................................
3
SECTION 1. TERMS AND CONDITIONS OF EMPLOYMENT ......................................
3
SECTION2. CITY...............................................................................................................
3
SECTION 3. POLICE OFFICERS.......................................................................................
3
ARTICLES OF AGREEMENT......................................................................................................
3
ARTICLEI......................................................................................................................................
3
A. RECOGNITION OF EXCLUSIVE REPRESENTATIVE.................................................
3
SECTION 1. RECOGNITION.............................................................................................
3
SECTION 2. APPROPRIATE UNIT ........................ ....... ...................................................
3
B. POLICE OFFICERS AND EXCLUSIVE REPRESENTATIVE RIGHTS ........................
3
SECTION 1. INFORMATION..................................................................................................3
SECTION2. MEETINGS..........................................................................................................
4
SECTION 3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE ...................................
4
SECTION 4. RESIDENCY REQUIREMENTS........................................................................
4
ARTICLE II: CITY RIGHTS..........................................................................................................
4
SECTION 1. INHERENT MANAGERIAL RIGHTS...............................................................
4
SECTION 2. MANAGEMENT RESPONSIBILITIES.............................................................
5
ARTICLE III: EFFECT OF LAWS, RULES, AND REGULATIONS .........................................
5
ARTICLE IV: PROHIBITED PRACTICES..................................................................................
5
ARTICLE V: HOURS OF WORK AND OVERTIME.................................................................
6
SECTION 1. STARTING TIMES AND WORK SCHEDULES ..............................................
6
SECTION 2. SHIFT ROTATION.............................................................................................
6
SECTION3. TRAVEL TIME...................................................................................................
6
SECTION4. OVERTIME.........................................................................................................
6
SECTION 5. CALLBACK OVERTIME...................................................................................
7
SECTION 6. MINIMUM CALLBACK OVERTIME PAY ......................................................
7
ARTICLEVI: SALARIES.............................................................................................................
7
ADVANCEDEDUCATION......................................................................................................
8
ACCRUED COMPENSATORY TIME.....................................................................................
8
SHIFT DIFFERENTIAL.............................................................................................................
8
ARTICLE VII: LEAVES OF ABSENCE.......................................................................................
8
A. SICK AND BEREAVEMENT LEAVE.........................................................................
8
B. JURY DUTY................................................................................................................
10
C. ANNUAL VACATION................................................................................................
10
D. EMERGENCY LEAVE,... ...... -- .................................................................
............... 11
E. MEDICAL LEAVE......................................................................................................
I I
F. GENERAL LEAVE......................................................................................................
12
Page 1 of 21
G. MILITARY LEAVE.....................................................................................................
12
H. PERSONAL LEAVE ............ .............................. .........:...........:.....................
I ... 7..... ..... 12
ARTICLEVIII: HOLIDAYS...........................:.......................:.......................................
......... 13
ARTICLE IX: RESERVE OFFICER PROGRAM......................................................................
14
SECTION 1. INSTITUTION, TRAINING AND SUPERVISION .........................................
14
SECTION 2. STRIKE RESTRICTION...................................................................................
14
ARTICLE'X: VACANCIES AND PROMOTIONS...........................:........................................14
ARTICLE XI: METROPOLITAN POLICE.. ..............................................................................
15
ARTICLE XII: BULLETIN BOARD ............................ .............. ..................................I...............
15
ARTICLE XIII: HEALTH EXAMINATIONS AND REQUIREMENTS :..................................
15
ARTICLE XIV: EMPLOYEE FRINGE BENEFITS ............................ .............................
.......... 15
SECTION 1. MEDICAL INSURANCE.............................................................................:....
15
SECTION 2. RETIREMENT BENEFITS...............................................................................
16
SECTION 3. UNIFORM AND CLEANING ALLOWANCE ................................................
16
ARTICLE XV: GRIEVANCE PROCEDURE............................................................................
16
SECTION1...............................................................................................................................
16
A. GRIEVANCE DEFINITION....................................................................................
16
B. REPRESENTATIVE................................................................................................16
C. DEFINITIONS AND INTERPRETATIONS ........ .... :.... ..........................................
16
SECTION 2. TIME LIMITATION AND WAIVER...............................................................
17
SECTION 3. ADJUSTMENT OF GRIEVANCE...................................................................
17
SECTION 4. ARBITRATION .............. ................................... ................................................
18
ARTICLE XVI: HEALTH AND SAFETY.................................................................................
19
ARTICLE XVII: SAVINGS CLAUSE........................................................................................
20
ARTICLE XVIII: HOLD HARMLESS.......................................................................................
20
ARTICLEXI{: DURATION......................................................................................................
20
SECTION1. TERM.................................................................................................................
20
SECTION2. EFFECT.............................................................................................................
20
SECTION 3. SEVERABILITY...............................................................................................
20
ARTICLEXX: AMNESTY.........................................................................................................
20
THIS AGREEMENT made and entered into this day of July 2004, 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".
110 a, 011V
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, to provide the terms and
conditions of employment for employees that are covered by this Agreement and for the duration of
this Agreement.
Page 2 of 21
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 Montana Public Employees' Collective Bargaining Law, Title 39,
Chapter 31, MCA, as amended.
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 I. 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.
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, Assistant
Chief of Police, 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.
Page 3 of 21
SECTION 2. MEETINGS
The exclusive representative shall have the right to use available offices at the City Hall at
reasonable hours for meetings. Scheduling shall be subject to approval of the Chief or
Assistant, Chief of Police in advance of the time and place of such meeting.
SECTION3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE
'The Association will be granted four (4) days leave with pay to attend state, regional, and
national meetings and conventions. 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. The aggregate number of days under this section shall
not exceed nine (9) days per year.
Further, any individual police officer shall not be allowed to use more than three (3) days of
the aggregate number of leave days permitted under this Section.
SECTION 4. RESIDENCY REQUIREMENTS
The Employer shall not impose any restrictions on the employee regarding residency
requirements.
ARTICLE IL 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.
Page 4 of 21
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.
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.
Page 5 of 21
SECTION 4.
No person employed by, nor applicants for employment with the Employer, nor apy applicant
for Association membership shall be discriminated against'because of race, religion, color,
national origin, age, sex, marital status, number of dependents, or political affiliations.
SECTION 5
Iris understood that the services performed by the City employees are essential to the public
health, safety, and welfare of this community. The Association, therefore, agrees that during
the term of this Agreement, the Association will not engage in a strike or work stoppage.
Likewise, the Employer agrees that during the terms of this Agreement, there shall be no
lockouts of the employees.
SECTION 6.
The Employer agrees not to discharge any employee ,without just cause after such employee
has successfully completed his/her probationary period.
ARTICLE V: HOURS OF WORK AND OVERTIME
SECTION L STARTING TIMES AND WORK SCHEDULES
The starting times and work schedules will be as determined by the Chief of Police. Shift
changes shall not be made for disciplinary purposes.
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
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 schools, time
spent traveling to attend school, or a job related training session away from the City, and
return, 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
Page 6 of 21
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 (I 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 it is impractical to fulfill the purpose of
the callback at the 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) hour's base pay at the overtime rate of
pay of one and one-half (I and 1 /2). If work continues beyond two (2) hours, actual hours
worked shall be computed at time and one-half the applicable rate of pay.
ARTICLE VI: SALARIES
SECTION 1.
Salaries to be paid by the City to the employees in the bargaining unit during the period of
this Agreement, subject to the expressed provisions of Article XVII of this Agreement, are
set forth in Schedules "A", `B" and "C", attached hereto and by reference made a part of this
Agreement.
SECTION 2.
The wages and base rates of pay as specified in Schedule "A" are for the period from July 1,
2004 to June 30, 2005.
The wages and base rates of pay as specified in Schedule `B" are for the period from July 1,
2005 to June 30, 2006.
The wages and base rates of pay as specified in Schedule "C" are for the period from July 1,
2006 to June 30, 2007.
SECTION 3.
Effective January 1, 2006, employees who receive an increase in pay as set forth in Schedule
"B" will be subject to the anniversary date provisions of Schedule `B",
Page 7 of 21
Effective January 1, 2007, employees who receive an increase in pay asset forth in Schedule
"C will be subject to the anniversary date provisions of Schedule "C".
SECTION 4.
The Chief of Police and the City Manager may advance an employee one (1) pay grade on
Schedule "A", "B" and "C" on the basis of demonstrated ability and job performance. '
SECTION 5. ADVANCED EDUCATION
In addition to the Schedules "A", `B" and "C", sppra, employees possessing an Associate of
Arts/Sciences or Bachelor of Arts/Sciences degree from an accredited college or university in
law enforcement or a related field shall receive an additional sum of two percent (2%) to be
calculated on the base pay. 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.
SECTION 6. ACCRUED COMPENSATORY TIME
a. Employer agrees to allow covered employees to cash in up to forty (40) hours of
accrued compensatory time each November 1, by separate Check.
b. Notwithstanding paragraph a, above, any police officer accumulating 440 or more
hours of compensatory time may cash an additional forty (40) hours each November
1 ", by separate' check.
SECTION 7. SHIFT DIFFERENTIAL
A shift differential of $.75 per hour shall be paid to those officers who are regularly
scheduled for and work the swing shift and a shift differential of $1.50 per hour shall be paid
to those officers who are regularly scheduled for and work the night shift. Officers must
work the shift to receive the differential pay. Officers will not be eligible to receive the shift
differential if they are eligible for and receive overtime pay. The Police Chief maintains the
inherent managerial discretion to determine the schedule for the swing shift and night shift.
ARTICLE VII: LEAVES OF ABSENCE
A. SICK AND BEREAVEMENT LEAVE
SECTION 1.
The earning rate for sick leave shall be as set forth in state law, Section 2-18-618
MCA, 1997.
Page 8 of 21
SECTION 2.
Sick and bereavement leave with pay shall be allowed an employee who i$ absent for
any of the following reasons: (1) Because of and during illness or injury
incapacitating the employee to perform his work, (2) Because of illness'or death in
the "immediate family" requiring the attendance of the employee. Sick and
bereavement leave for any such reason 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 necessary travel time to the scene. "Immediate family" shall mean:
spouse, children, mother, father, sisters, brothers, foster parents, and immediate
family of any of the above; and (3) Absence for dental, optical care or treatment, or
medical examination (except when required by the City), shall be charged to sick and
bereavement leave. The Chief of Police may require medical verification for such
absence.
SECTION 3.
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.
SECTION 4.
Applicable state laws shall govern any injury occurring while an officer is on the job
drawing salary from the City.
SECTION 5. SICK LEAVE POOL AND GRANTS
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.
Page 9 of 21
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, otherpaid leave and
compensatory time.
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.
B. JURY DUTY
Ca
Jury Duty shall be governed by Section 2-18-619, MCA, as amended.
ANNUAL VACATION
SECTION I.
Vacation shall be accrued in accordance with the following schedule:
YEARS OF EMPLOYMENT
1 day through 10 years
11 years through 15 years
1,6 years through 20 years
21 years on
SECTION 2.
WORKING
HOURS CREDIT
120
144
168
192
The minimum vacation time allowed to be taken by an employee will be one (1)
hour.
SECTION 3.
Vacation time shall not accrue during any leave of absence without pay.
SECTION 4.
Annual vacation may be accumulated to a total not to exceed twice the annual
earning rate as of midnight, December 31, of any year.
SECTION 5.
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.
Page 10 of 21
SECTION 6.
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.
SECTION 7.
An Officer who terminates employment for reason not reflecting discredit on the
Officer is entitled upon the date of termination to cash compensation for unused
vacation leave, assuming that the Officer has worked the qualifying period.
SECTION 8.
Vacations will be taken between January'I and December 31. Vacation time may be
split. In cases where vacation time is split, seniority shall govern with respect to one
of such periods.
D. EMERGENCY LEAVE
SECTION 1.
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.
SECTION 2.
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.
E. MEDICAL LEAVE
SECTION 1.
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.
Page 11 of 21
SECTION 2.
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 assumelis normal
responsibilities.
F. GENERAL LEAVE
'SECTION 1.'
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 beat the sole discretion of the Employer.
SECTION 2.
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.
G. MILITARY LEAVE
SECTION 1.
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, not to exceed fifteen (15) workdays per calendar year 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.
SECTION 2.
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.
H. 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.
Page 12 of 21
ARTICLE VIII: 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.
I 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
0' 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
rotating shifts who are regularly scheduled for the holiday off shall receive another
day off for the holiday. 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 -- i.e., officers whose longest shift in the pay period is eight hours shall
receive eight hours of holiday leave for the holiday, holiday, officers whose longest
shift is ten hours shall receive ten hours of holiday leave, officers whose longest shift
is twelve hours shall receive twelve hours of holiday time. Holiday leave maybe
used at the officer's discretion, subject to the approval of the Chief of Police.
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. Holiday leave must be
used in the fiscal year in which it is earned. Holiday leave may not be carried over
from year to year. 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.
Page 13 of 21
ARTICLE IX: RESERVE OFFICER PROGRAM
SECTION 1. INSTITUTION, TRAINING AND SUPERVISION,
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.
'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,?-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.
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.
The City must make all reasonable efforts to offer overtime shifts to Police Officers
before offering them to reserve officers.
SECTION 2. STRIKE RESTRICTION
The City may not employ or otherwise utilize the services of Reserve Officers in the event
the bargaining unit and its members engage in a strike upon the expiration of this agreement.
The parties intend that his clause will survive the expiration of this contract and be
enforceable in court.
ARTICLE X: VACANCIES AND PROMOTIONS
SECTION 1.
Any employee covered by this Agreement who is required to accept the responsibilities and
carry out the duties of a position or rank above that which he normally holds shall be paid at
the rate for that position or rank while so acting. This shall not apply to filling a slot of a
higher rank during days off, vacation, or reasonable sick leave of no more than twenty (20)
consecutive working days.
SECTION 2.
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.
Page 14 of 21
ARTICLE XI: METROPOLITAN POLICE
The parties hereby agree that they are subject to provisions of the Metropolitan Police Law, as set
forth in Section 7-32-105, et seq., MCA, as amended.
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 EXAMINATIONS AND REQUIREMENTS
SECTION 1.
Each employee covered by the Agreement must maintain a medically acceptable physical
fitness commensurate with the duties andrequirements of the position he occupies. This may
include demonstrating such condition by a physical examination.
SECTION 2.
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 officer's on -duty 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 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 July 1, 2004 Health Insurance contract with Blue Cross/Blue
Shield. However, if, after July 1, 20045 the City enters into a Health Insurance
contract that causes the monthly premiums to increase from its July 1, 2004 contract
with Blue Cross/Blue Shield, 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.
Page 15 of 21
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 C"ity'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 $300 each July, and $300 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 $300 stated above, has been, and is hereby, included in the base pay
calculations of Schedule "A," `B" and "C".
ARTICLE XV: GRIEVANCE PROCEDURE
SECTION 1.
A. GRIEVANCE DEFINITION
A "Grievance" definition shall mean an allegation by an employee 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.
B. REPRESENTATIVE
Any person or agent designated by such person to act in his behalf may represent the
Employer or the employee during any step of this procedure.
C. DEFINITIONS AND INTERPRETATIONS
I . EXTENSION: Time limits specified in this Agreement may be extended by
mutual agreement.
Page 16 of 21
2. DAYS: Reference to days regarding time periods in this procedure shall refer
to working days.A working day is defined as all weekdays not otherwise designated
as a,holiday as defined under Article VIII,
3. , COMPUTATION OF TIME: In computing any period of time prescribed or
allowed by procedures herein, the date of the act, event, or default for which the
designated period of time begins to run shall not be included. Thelastday of the
period socomputedshall be counted, unless it is a 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.
4: 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 certified postmark of
the United States Postal Service within the time period.
SECTION 2. TIME LIMITATION AND WAIVER
Grievances shall not be valid for consideration unless the grievance is submitted in writing to
the Employer, setting forth the facts and the specific.provigions of the Agreement allegedly
violated and the particular relief sought within ten (10) days after the date of the first event
giving rise to the grievance occurred. Failure to'file any grievance within such period shall
be deemed a waiver thereof. Failure to appeal a grievance from one level to another within
the time periods hereafter provided shall constitute a waiver of the grievance. An effort shall
first be made to adjust an alleged grievance informally between the employee and the
Employer's designee.
SECTION 3. ADJUSTMENT OF GRIEVANCE
The Employer and employee shall attempt to adjust all grievances that may arise during the
course of employment of any employee within the City in the following manner:
LEVEL
If the grievance is not resolved through informal discussions, the Employer's
designee shall give a written decision on the grievance to the parties involved within
ten (10) days after receipt of the written grievance.
2. LEVEL11
In the event the grievance is not resolved in Level I, the decision rendered may be
appealed to the Chief of Police, provided such appeal is made in writing within five
(5) days after a receipt of the decision in Level I. If a grievance is properly appealed
to the Chief of Police, the Chief of Police or his designee shall set a time to meet
regarding the grievance within fifteen (15) days after receipt of the appeal. Within
Page 17 or 21
ten (10) days after the meeting,, the Chief of Police or his 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 to
the Mayor for consideration. The Mayor reserves the right to review or not review
the grievance, but must make the decision within fifteen (15) days after receipt of the
written appeal. In the event the Mayor chooses to review the grievance, the Board or
a committee or representative(s) thereof shall;within fifteen (15) days meet to hear
the grievance. After this meeting, the Mayor shall have a maximum of fifteen (15)
days in which to answer the grievance in writing.
DENIAL OF GRIEVANCE '
Failure by the Employer to issue a decision within the time periods provided herein
shall constitute a denial of the grievance, and the employee may appeal it to the next
level. This shall not negate the obligation of the Employer to respond in writing at
each level of this procedure.
5. STEP WAIVER
Provided both parties agree in writing, any level of this grievance procedure may be
bypassed and processed at a higher level.
SECTION 4. ARBITRATION
PROCEDURE
In the event that the parties are unable to resolve a grievance, it may be submitted to
arbitration as defined herein, provided a notice of appeal is filed in the office of the
Mayor within five (5) days of the receipt of the decision in Level III.
SELECTION OF ARBITRATOR
Upon submission of a grievance to arbitration under the terms of this procedure, the
parties shall, within five (5) days after the request to arbitrate, attempt to agree upon
the selection of an arbitrator. If no agreement on an arbitrator is reached after five (5)
days, either party may request the Board of Personnel Appeals to submit within ten
(10) days to both parties, a list of five (5) names. Within five (5) days of receipt of
the list, the parties shall select an arbitrator by striking two (2) names from the list in
alternate order, and the name so remaining shall be the arbitrator. Failure to request
an arbitration list from the Board of Personnel Appeals within the time periods
provided herein shall constitute a waiver of the grievance.
Page 18 of 21
3. HEARING
A single arbitrator shall hear the grievance and the, parties shall have the right to a
hearing at which both parties will have the opportunity to submit evidence, offer
testimony, present witnesses, and make oral or written arguments relating to the
issues before the arbitrator.
4. DECISION
The decision by the arbitrator shall be rendered within thirty (30) days after the close
of the hearing. Decisions by the arbitrator in cases properly before him shall be final
and binding upon the parties, subject, however, to the limitations of arbitration
decisions as provided by Montana law.
5. EXPENSES
Each party shall bear its own expenses in connection with arbitration, including
expenses relating to the party's representative, witnesses, and any other expenses that
the party incurs in connection with presenting its case in arbitration. A transcript or
recording shall be made of the hearing at the request of either party. The parties shall
share equally fees and expenses of the arbitrator, the cost of the transcript or
recording if requested by either or both parties, and any other expenses that the
parties mutually agree are necessary for the conduct of the arbitration. However, the
party ordering a copy of the transcript shall pay for such copy.
6. JURISDICTION
The arbitrator shall have jurisdiction over disputes or disagreements relating to
grievances properly before the arbitrator pursuant to the terms of this procedure. The
jurisdiction of the arbitrator shall not extend to proposed changes in terms and
conditions of employment as defined herein and contained in this written Agreement;
nor shall an arbitrator have jurisdiction over any grievance which has not been
submitted to arbitration in compliance with the terms of the grievance and arbitration
procedure as outlined herein; nor shall the jurisdiction of the arbitrator extend to
matters of inherent managerial policy. In considering any issue in dispute, in its
order the arbitrator shall give due consideration to the statutory rights and obligations
of the Employer to efficiently manage and conduct its operation within its legal rights
in the operation of the City.
ARTICLE XVI: 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
Page 19 of 21
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 XVH: 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 ofthe 'effected provision.
ARTICLE XVIII: 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.
ARTICLE XIX: DURATION
SECTION 1. TERM
This Agreement shall remain in full force and effect for a period commencing July 1, 2004
through June 30, 2007.
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 XX: 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 thepublic,
City Council and/or merchant because of their participation or non -participation in the arrival of this
Agreement.
Page 20 of 21
Proposed Police Addendum Schedule A
$17.78 (July 1, 2004- June 30, 2005) Per Hour
Rank Pay: Sergeant 11 0A30 $2.31
3.20% Sergeant 1 0.110 $1.96
Degree 0.020 $036
40
2080
Base
Annual
Rank Rank
Total
Total
Totals
YEARS
LN -DE x
h!-ouAl
Balm
Sgt 11 5gt I Degree
Hourly
Annual
0
1.0000
$17,78
$36,985.23
$17.78
1
1 .01 30
$18,01
$37,466.04
$18.01
2
$37,466.04
$74,932.07
1
1,0130
$18.01
$37,466,04
$0,36
$18.37
1
$38,205.-
r4
$38,205,74
2
1.0260
$18.24
$37,946.84
$18.24
2
$37,946.84
$75,893.69
3
1M90
$18,47
$38,427.65
$18.47
3
$38,427-65
$115,282.96
4
1.0520
$18.71
$38,908.46
$1831
1
$38,908.46
$38,908,46
4
1,0520
S18.71
$38,908,46
$036
$19.06
1
$39,64817
$39,648.17
5
1.0650
$18,94
$39,389.27
$18.94
2
$39,389,27
$78,778.54
5
1.0650
$18,94
$39,38927
$0.36
$19.29
1
$40,128.97
$40,128,97
6
1.0780
$19,17
$39,870.08
$19.17
2
$39,870.08
$79,740.15
6
1,0780
$19,17
$39870.08
$0.36
$19.52
1
$40,609.78
$40,609.78
7
1.0910
$19.40
$40;350.88
$0.36
$19.76
2
$41,090-59
$82,181.18
8
1,1040
$19,63
$40,831.69
$19.63
9
1.1170
$19.86
$41,312M
$19.86
10
1.1300
$20,09
$41,793.31
$1.96 $0.36
$22.40
2
$46,601,39
$93,20238
11
1,1430
$20.32
$42,274-12
$20-32
12
1.1560
$20.56
$42.754,92
$20,56
13
1,1690
$20,79
$43,235.73
$0.36
$21.14
1
$43,975-44
$43,975.44
13
1.1690
$20.79
$43,235.73
$1.96 $0.36
$23.10
1
$48,043.81
$48,043.81
13
4.1590
$20.79
$43,235,73
$1.96
$22,74
2
$47,304,11
$94,608.22
14
1.1820
$21.02
$43,716.54
$1.96
$22.97
1
$47,784-92
$47,784.92
15
1,1950
$21.25
$44,197.35
$21.25
16
1.2080
$21.48
$44,678.16
$231
$23.79
1
$49,486.24
$49,486,24
17
1.2210
$21.71
$45,1 ' 58.96
$21.71
18
1,2340
$21.94
$45,639.77
$2.31 $0.36
$24Z1
1
$51 87,56
$51,187.56
19
1.2470
$22.17
$46,420.58
$22.17
20
12600
$22.40
$46,601.39
$22.40
21
1.2730
$22-64
$47,082.20
$22.64
22
1,2860
$22.87
$47,563.00
$22.87
23
1.2990
$2110
$48,043.81
$2110
24
1-3120
$23.33
$48,524-62
$23.33
25
1.3250
$2356
$49,005A3
$23,56
$766,075.04
Total
$1,132,598.66
Total Number Employees 27
Average Annual Salary $41,948.10
Proposed Police Addendum Schedule B
$18.19 (July 1, 2005- June 30, 2006)
Per Hour
Rank Pay:
Sergeant 11
0.130
$2.36
2.30%
Sergeant[
0110
$2.00
Degree
0,020
$0.36
40
2080
Annual
Rank Rank
Total
Total
Totals
YEARS
INDEX
LqUf!y
Salary
Sat 11 S_qt I Degree
Hourly
Annual
0
TOOOO
$18,19
$37,835-89
$18.19
1
1,0130
$18-43
$38,327.76
$18.43
2
1.0260
$18.66
$38.819.62
$18.66
2
$38,819.62
$77,639.24
2
1.0260
$18.66
$38,819.62
$0.36
$19.03
1
$39,576.34
$39,576.34
3
1.0390
$18.90
$39,311.49
$18.90
2
$39,311.49
$78,622.98
4
1.0520
$19.14
$39,803.36
$19.14
3
$39,803.36
$119,410.07
5
1,0650
$19-37
$40,295.22
$19.37
1
$40,295.22
$40,29522
5
1.0650
$19.37
$40.295.22
$0.36
$19,74
1
$41,051.94
$41,051.94
6
1.0780
$19,61
$40,787.09
$19.61
2
$40,787,09
$81,574,18
6
1.0780
$19.61
$40,787,09
$0.36
$19.97
1
$41,543,81
$41,543-81
7
1.0910
$19.85
$41,278,95
$19.85
2
$41,278.95
$82.557.91
7
1.0910
$19.85
$41,278-95
$0.36
$2021
1
$42,035.67
$42,035.67
8
1A040
$20.08
$41,770.82
$0.36
$20A5
2
$42,527.54
$85,055.08
9
1.1170
$20.32
$42,262.69
$20,32
10
1,1300
$20.56
$42,754.55
$20.56
11
1.1430
$20.79
$43.246.42
$200 $0-36
$23,16
2
$48,165.09
$96,330,17
12
1.1560
$21,03
$43,73829
$21,03
13
1.1690
$21,26
$44,230-15
$21.26
14
1.1820
$21.50
$44,722.02
$0.36
$21 M
1
$45,47874
$45,478.74
14
1.1820
$21S0
$44.722,02
$2.00 $036
$23.87
1
$49,640.69
$49.640.69
14
1.1820
$21.50
$44,722.02
$2.00
$23.50
2
$48,883.97
$97,767.94
15
1.1950
$21,74
$45,213.89
$2.00
$23.74
1
$49,375-84
$49,375.84
16
1,2080
$21.97
$45.705.75
$21.97
17
1.2210
$22.21
$46,197.62
$2.36
$24,58
1
$51,116.29
$51,116.29
18
1,2340
$22.45
$46,689.49
$22.45
19
12470
$22.68
$47,181.35
$2,36 $0.36
$25.41
1
$52,856.74
$52,856.74
20
1.2600
$22.92
$47,673,22
$22,92
21
12730
$23,16
$48,165.09
$23.16
22
1.2860
$23.39
$48,656.95
$23-39
23
1.2990
$23.63
$49.148-82
$23.63
24
1,3120
$23.87
$49,640.69
$23.87
25
1.3250
$24.10
$507132.55
$24.10
$792,54837
Total $1.171,928.83
Number of Employees 27
Average Annual Salary $43,404.77
Proposed Police Addendum Schedule C
$48.72 (July 1, 2006- June 30, 2007)
Per Hour
Rank Pay:
Sergeant 11
0.130
$2A3
2.90%
Sergeant 1
0110
$2.06
Degree
0.020
$0.37
40
2080
Annual
Rank Rank
Total
Total
Totals
YEARS
LNDEX
Hourly
Salary
Sgtil Sat I pggree
Hourly
Annual.
0
IMOO
$18.72
$38,933.13
$18.72
1
1.0130
$18.96
$39,43926
$18.96
2
1,0260
$19.20
$39.945.39
$19.20
3
1.0390
$19.45
$40,451M
$19.45
2
$40,451-52
$80,903,04
3
1.0390
$19-45
$40,451.52
$0.37
$19.82
1
$41,230.18
$41,230.18
4
1.0520
$19.69
$40,957.65
$19.69
2
$40,957,65
$81 ,915.31
5
1.0650
$19.93
$41,463.78
$19.93
3
$41,463.78
$124,391.35
6
1,0780
$20.18
$41,969.91
$20.18
1
$41,969.91
$41,969.91
6
1,0780
$20.18
$41,969.91
$0.37
$20.55
1
$42,748.58
$42,748.58
7
1.0910
$20.42
$42.476.04
$20.42
2
$42,476.04
$84,952,09
7
1.0910
$20.42
$427476.04
$0.37
$20.80
1
$43,25471
$43;254.71
8
1,1040
$20.66
$42,982.18
$20,66
2
$42,982.18
$85,964.35
8
1.1040
$20-66
$42,982.18
$0.37
$21,04
1
$43,760.84
$43.760.84
9
1.1170
$20.91
$43,488.31
$0.37
$21.28
2
$44,266.97
$88,533.94
10
1.1300
$21 . 15
$43,994.44
$21.15
11
11430
$21.39
$44,500,57
$21.39
12
1.1560
$21.64
$45,006.70
$2.06 $0.37
$24.07
2
$50,068.00
$100,136.01
13
1.1690
$21.88
$45,512.83
$21.88
14
1-1820
$22,12
$46,018.96
$22.12
15
1.1950
$22.37
$46,525.09
$0.37
$22.74
1
$47,303.75
$4730375
15
1.1950
$22,37
$46,525.09
$2.06 $0.37
$24.80
1
$51,586.40
$51,586A0
15
1.1950
$22.37
$46,525,09
$2,06
$24.43
2
$50,80733
$101,615.47
16
1.2080
$22.61
$47,031.22
$2.06
$24,67
1
$54,313.87
$51,31187
17
1,2210
$22.85
$47.537.35
$22.85
18
1.2340
$23.10
$48,043.48
$2A3
$25-53
1
$53,104,79
$53,104.79
19
1.2470
$23.34
$48,549.61
$23.34
20
1.2600
$23.58
$49,055.74
$143 $0.37
$26.39
1
$54,895.71
$54,895.71
21
12730
$2183
$49,561.87
$23.83
22
1,2860
$24.07
$50,068.00
$24.07
23
1,2990
$24.31
$50,574.14
$24.31
24
1.3120
$24.56
$51 ,080,27
$24.56
25
1,3250
$24.80
$51,586.40
$24.80
$824,642,62
Total $1,219,580.29
Total Number Employees 27
Average Annual Salary $45,1%64