H.3. Police Assoc. ContractIRS
1IWO-
A,
City of Kalispell
201 1" Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager.
SUBJECT: Adoption of Collective Bargaining Agreement with Kalispell Police
Association
MEETING DATE: April 3, 2017
BACKGROUND: The current collective bargaining agreement between the City and The
Kalispell Police Association ends on June 30, 2017. In January 2017, 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, this agreement provides for the following:
• Three-year term representing fiscal years 2015, 2016, and 2017
• Consistency across labor units in the establishment of the market methodology and
previously negotiated contracts
• Adjustment in the base salary of 1.5% for Fiscal Year 201.8, 1.25% for FYI 9, and 1.88%
for FY2020
o Total compensation with longevity (FY 18=2.8%, FY 19=2.55% , and
FY20=3.18%)
• Various "clean-up" language adjustments
• MOU outside of the proposed contract to continue meeting to review various
health/fitness programs and assess the validity of a potential future program with the City
of Kalispell.
FISCAL IMPACTS: The estimated financial impact for the Collective Bargaining Agreement
is $69,000 for FY2018, $55,000 for FY2019, and $70,000 for FY 2020.
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: 2018-2020
AGREEMENT
Between the CITY OF KALISPELL,
Flathead County, Montana, and the
KALISPELL POLICE ASSOCIATION,
July 1, 2017 through June 30, 2020
TABLE OF CONTENTS
PURPOSE.................................................................................................................................................... 3
DEFINITIONS............................................................................................................................................3
SECTION LTERMS AND CONDITIONS OF EMPLOYMENT...........................................................3
SECTION2. CITY............................................................................................................................. 3
SECTION3. POLICE OFFICERS.....................................................................................................3
ARTICLESOF AGREEMENT.....................................................................
ARTICLEI.......................................................................................................
RECOGNITION OF EXCLUSIVE REPRESENTATIVE ...............................
SECTION 1. RECOGNITION................................................................
SECTION 2. APPROPRIATE UNIT ......................................................
POLICE OFFICERS AND EXCLUSIVE REPRESENTATIVE RIGHTS ......
SECTION 1. INFORMATION.....................................................................
SECTION 2. MEETINGS............................................................................
SECTION 3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE......
SECTION 4. RESIDENCY REQUIREMENTS ...........................................
3
ARTICLE H: CITY RIGHTS.................................................................................................................... 5
SECTION 1. INHERENT MANAGERIAL RIGHTS.............................................................................5
SECTION 2. MANAGEMENT RESPONSIBILITIES........................................................................... 5
ARTICLE III: EFFECT OF LAWS, RULES, AND REGULATIONS ................................................. 5
ARTICLE IV: PROHIBITED PRACTICES............................................................................................6
ARTICLE V: HOURS OF WORK AND OVERTIME.......................................................................... 6
SECTION 1. STARTING TIMES AND WORK SCHEDULES............................................................ 6
SECTION2. SHIFT ROTATION........................................................................................................... 6
SECTION3. TRAVEL TIME.................................................................................................................7
SECTION4. OVERTIME.......................................................................................................................7
SECTION 5. CALLBACK OVERTIME.................................................................................................7
SECTION 6. MINIMUM CALLBACK OVERTIME PAY....................................................................7
SECTION 7. SHIFT CHANGE COMPENSATION...............................................................................7
SECTION8. HOURS OF WORK...........................................................................................................8
ARTICLEVI: SALARIES......................................................................................................................... 8
SECTION1. PAY SCHEDULE...............................................................................................................8
SECTION 2. ADVANCED EDUCATION..............................................................................................8
SECTION 3. MASTER PATROL OFFICER........................................................................................... 8
SECTION 4. LATERAL TRANSFER STEP..........................................................................................9
SECTION 5. LATERAL TRANSFER EXPERIENCE..........................................................................10
SECTION 6. TEAM LEADER PAY......................................................................................................10
SECTION 7. SERGEANT PROMOTION.............................................................................................11
SECTION 8. ACCRUED COMPENSATORY TIME........................................................................... 1 1
SECTION 9. SHIFT DIFFERENTIAL...................................................................................................11
SECTION 10. FIELD TRAINING OFFICERS..................................................................................... ] 1
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ARTICLE VII: LEAVES OF ABSENCE............................................................................................... I I
SECTION 1.
SICK AND BEREAVEMENT LEAVE.....................................................................
I I
SECTION 2.
SICK LEAVE POOL AND GRANTS.......................................................................12
SECTION 3.
JURY DUTY..............................................................................................................12
SECTION 4.
ANNUAL VACATION..............................................................................................12
SECTION 5.
EMERGENCY LEAVE.............................................................................................13
SECTION 6.
MEDICAL LEAVE....................................................................................................13
SECTION 7.
GENERAL LEAVE...................................................................................................14
SECTION 8.
MILITARY LEAVE...................................................................................................14
SECTION 9.
PERSONAL LEAVE.................................................................................................14
ARTICLEVIH:
HOLIDAYS..................................................................................................................14
ARTICLE IX: RESERVE
OFFICER PROGRAM..............................................................................16
SECTION 1.
INSTITUTION, TRAINING AND SUPERVISION..................................................16
ARTICLE X: VACANCIES AND PROMOTIONS..............................................................................16
ARTICLE XI: BULLETIN BOARD.......................................................................................................16
ARTICLE XII: HEALTH EXAMINATIONS AND REQUIREMENTS............................................17
ARTICLE XIII:
EMPLOYEE FRINGE BENEFITS...........................................................................17
SECTION 1.
MEDICAL INSURANCE..........................................................................................17
SECTION 2.
RETIREMENT BENEFITS.......................................................................................18
SECTION 3.
UNIFORM AND CLEANING ALLOWANCE.........................................................18
ARTICLE XIV: POLICE OFFICERS — DISCIPLINARY PROTOCOLS
.........................................18
ARTICLE XV: GRIEVANCE PROCEDURE.......................................................................................20
ARTICLE XVI:
HEALTH AND SAFETY............................................................................................23
ARTICLE XVII:
SENIORITY...............................................................................................................
23
ARTICLE XVIII:
SAVINGS CLAUSE.................................................................................................24
ARTICLE XIX:
HOLD HARMLESS....................................................................................................
24
ARTICLE XX: DURATION...................................................................................................................
24
SECTION1.
TERM.........................................................................................................................
24
SECTION2.
EFFECT......................................................................................................................24
SECTION 3.
SEVERABILITY........................................................................................................24
ARTICLE XXI: AMNESTY................................................................................................................... 25
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THIS AGREEMENT made and entered into this _day of , 2017, 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 and
Captains.
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.
SECTION 4. RESIDENCY REQUIREMENTS
Officers hired after July 2007 will be required to reside within three (3) air miles or be able to
respond to the City of Kalispell within fifteen (15) minutes from his or her residence.
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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.
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.
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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
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) hour's base pay at the overtime rate of
pay of one and one-half (1 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. For any callback
specifically related to court duty, 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.
(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.)
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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 apart of
this Agreement and shall be effective July I" 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.
SECTION 3. MASTER PATROL OFFICER
A. Employees shall receive an amount equal to two percent (2%) of base pay for achieving
the rank of Master Patrol Officer, hereinafter referred to as "WO". To qualify and
remain a MPO, employees must:
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a. Have attended a first line supervisory training course;
b. Have completed four years of service as a police officer with the City; and,
c. Be an active participant in at least one of the recognized special teams or the duties
listed below (this list is not all-inclusive and additions to it may be made by the
Chief of Police)
i. Departmentally recognized instructor
ii. Field Training Officer
iii. Major Case Unit
iv. Motorcycle Patrol
v. Special Response Team
vi. Drug Task Force
vii. Negotiator
viii. Detective (to compensate for on call time)
ix. Canine Handler.
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 sixteen
(16) shifts per unplanned extended leave event by the Sergeant.. To be a qualifying event
the Sergeant's leave must be consecutive. After sixteen (16) shifts the MPO will receive
`Sergeant 1 rank 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.
D. In the event of planned/ scheduled leave by a sergeant in excess of sixteen (16)
consecutive shifts the senior MPO of that shift, unless otherwise designated, is appointed
as Acting Sergeant and is to be compensated at `Sergeant 1 rank 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 and hold a current Basic Law
Enforcement Certification that would be recognized by Montana POST, shall be placed in
the following positions on the applicable pay matrix:
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1. Those with less than two years of transferable experience will be placed at Step 0
on the matrix;
2. Those with two (2) to four (4) years of transferable experience will be placed at
Step 1 on the matrix;
3. Those with four (4) or more years of transferable experience will be placed at Step
2 on the matrix.
Members of the association hired by the Kalispell Police Department prior to July 1, 2017,
with prior transferable sworn peace officer experience who have not yet qualified for the
3% increase in pay for their seventh year of experience under previous agreements
between the City and the Association, will be credited with either a 1-step increase or a 2-
step increase based on their transferable experience at time of hire as set forth above.
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
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 two percent (2%) of base pay for serving in
the following leader/coordinator positions:
a. SRT Team Leader
b. Firearms Range Master
c. Field Training Coordinator
d. Major Crimes Unit Coordinator
e. School Resource Officer Coordinator
f. Senior Intoxilizer Coordinator
g. Reserve Coordinator
h. Volunteers In Police (VIP) Coordinator
i. Canine Handler Coordinator
B. Team Leader/Coordinator pay does not compound if an employee is on more than one team.
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
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10
SECTION 7. 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 8. 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 151 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 9. 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 10. FIELD TRAINING OFFICERS
Field Training Officers (FTO) shall earn 1 1/2 hours of comp time per day when working with
a trainee or intern. FTO shall earn comp time at the rate of .15 hours per 1.00 hour worked
when working 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.
B. Sick and bereavement leave with pay shall be allowed an employee who is 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
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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.
C. 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.
D. 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.
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.
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:
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12
WORKING
YEARS OF EMPLOYMENT HOURS CREDIT
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. In
cases where vacation time is split, seniority shall govern with respect to one of such periods.
SECTION 5. EMERGENCY LEAVE
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
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13
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, 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.
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 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: HOLIDAYS
SECTION 1. The following are established as city holidays for the duration of this Agreement:
1) New Year's Day 1st day of January
2) Martin Luther King's Day 3rd Monday in January
3) President's Day 3rd Monday in February
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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.
Last Monday in May
July 4
1 st Monday in September
November 11
4th Thursday in November
4th 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 shall receive another day off for the holiday or may elect to receive equivalent
pay at the regular rate.
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.
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 151h 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.
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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 IX: 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 X: VACANCIES AND PROMOTIONS
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 XI: 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.
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ARTICLE XII: HEALTH EXAMINATIONS AND REQUIREMENTS
SECTION 1.
Each employee covered by the Agreement must maintain a medically acceptable physical
fitness commensurate with the duties and requirements 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 XIII: 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.
2016-2017 Rates
Rate
City
Employee
Single
$ 680.00
680.00
-
Em loyee/Children
$ 1190.00
962.50
227.50
2-party
$ 1360.00
1071.91
288.09
Family
$ 1871.00
1434.96
436.04
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
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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".
ARTICLE XIV: 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.
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
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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.
e. 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
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
a. No police officer shall be subjected to disciplinary action, or denied promotion or be
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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.
ARTICLE XV: 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.
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20
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
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.
lilawto
If the grievance has not been resolved at Level H, 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 H. 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, the parties
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21
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) 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.
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.
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22
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 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
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 XVII: 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.
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" and June 1" 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
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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 XIII: 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 XIX: 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 XX: DURATION
SECTION 1. TERM
This Agreement shall remain in full force and effect for a period commencing July 1, 2017
through June 30, 2020. 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 2018, 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
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24
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 XXI: 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
, 2017.
CITY OF KALISPELL
City Manager
ASSOCIATION
By: 9
President
1-3
Chief Negotiator
By:
Chief Negotiator
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Kalispell Police Association and City of Kalispell
MEMORANDUM OF UNDERSTANDING
March , 2017
WHEREAS, the undersigned parties have a mutual interest in exploring
what benefits may be gained from entering into a written policy with respect
to the issues of defining and enhancing the physical fitness levels of the
Kalispell Police Department personnel; and
WHEREAS, representatives of the Kalispell Police Association have
expressed the opinion that an overall improvement in the physical fitness
levels of personnel in the Kalispell Police Department would, as a benefit to
the City, reduce injuries to police officers and that such improvement may be
achieved through monetary incentives provided to the police officers by the
City; and
WHEREAS, although the City is always interested in reducing injuries
to its employees and in discovering effective methods to achieve this, it also
seeks to verify of the efficacy of methods proposed to be used before making
an investment in a program.
WHEREFORE, be it resolved that the parties hereto agree that,
notwithstanding the provisions of the parties' collective bargaining agreement,
the parties will work together in the following manner with regard to the issue
of establishing policies concerning a change to the physical fitness program
of the Kalispell Police Department:
1. The City will establish a City management/Kalispell Police
Association committee for the purpose of discussing and drafting a policy to
address the physical fitness component of the Kalispell Police Department and
methods to improve the overall fitness of the department personnel. The
committee will be established and begin work within one month of the date
this memorandum.
2. The committee will consider, in a collaborative approach, all
available proposals and options to address the general subject of physical
fitness.
MEMORANDUM OF UNDERSTANDING — City of Kalispell/Kalispell Police Association — Page 1
3. The undersigned parties agree that any policy developed by the
committee may be adopted by the parties into the collective bargaining
agreement of the Kalispell Police Association notwithstanding any term of
agreement or bar to other negotiations.
DATED this day of March, 2017.
City of Kalispell
Doug Russell
City Manager
Kalispell Police Association
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MEMORANDUM OF UNDERSTANDING — City of Kalispell/Kalispell Police Association — Page 2