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ORD 35602 - Collective bargaining agmt with police union local 101 ° �a�oF`1 �� RECEIVED ECEIED Personnel Department ��-,,�,,��� Omaha/Douglas Civic Center g�'a'' * V k n 1819 Farnam Street,Suite506 i`�'� -`� h Q' MAY -2 AM $; f Omaha,Nebraska 68183-0506 oy = ' y �`';%ry:' (402)444-5300 K o + CITY � FAX(402)444-5314 ��TFD FEBR��� — 0 MA HA, N E B R S K A Michele M.Frost City of Omaha Director Hal Daub,Mayor . Honorable President and Members of the City Council, The attached Ordinance is for the purpose of approving the Labor Agreement between the City of Omaha and the Omaha Police Union, Local 101. This Agreement, if approved, will cover the calendar years 2001-2003. The recommended wage package for this group is: 2001 3.08% across-the-board increase. Additional changes in longevity,premium pay and shift differential equating to .67%of pay. 2002 4.03% across-the-board increase. Additional changes in clothing, life insurance and employee physical, equating to .14%of pay. 2003 4.24% across-the-board increase. Additionally, an increase in sick leave payoff that amounts to .19% of pay. The Agreement also provides for the following significant changes: 1. Employees' health insurance will be structurally changed to a Preferred Provider Organization (PPO) discount arrangement,but with the current Base Major Medical $100 deductible and 20% co-insurance on major medical claims. Additionally, such health insurance coverage will eliminate corrective eye surgery for non-members and will eliminate fertility coverage and related fertility drugs for any covered party. Additionally, the orthodontic limits are raised to $2,000 and the employee premium currently being paid is eliminated. The net effect of this health insurance change is to reduce the City's expenditures in a substantial fashion for health care delivery. 2. Significant contract language `clean-up" to make the contract more uniform and to more clearly state the various agreed-upon provisions. 3. Payments of all leaves and accrual of benefits will be changed to "every pay period" rather than the current"twice a month." Honorable President and Members of the City Council Page 2 4. Increase of possible time newly-hired employees are allowed to work during the training phase of their initial employment. 5. Creation of"Priority Response Shift." This shift will be a ten-hour shift during prime 1 crime hours on Wednesday, Thursday, Friday and Saturday. This will allow the Police Department to more effectively deliver police services during peak periods. The cost of the attached contract to be paid from budgeted accounts in the affected years. Your favorable consideration of the attached ordinance is requested. Respectfully submitted, Referred to City C cil for Consideraiton: ,„C-'-D/ IDGN /1.9 S . 01 Michele M. Frost Date Mayor's Office/Title . 4,5 ate Personnel Director Approved as to Form and Content: try-- t3 1 , I o i City Attorney Date P;\PER\11869z.doc } ORDINANCE NO. 35-/p AN ORDINANCE to approve the Collective Bargaining Agreement between the City of Omaha and Omaha Police Union Local 101; AFL-CIO—I.U.P.A.; to provide that any ordinances of the City of Omaha and any rules and regulations promulgated thereunder which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the bargaining unit described in Article 1, Section 1 of said Collective Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. There is a need to approve the Collective Bargaining Agreement between the City of Omaha and Omaha Police Union Local 101. A copy of said Collective Bargaining Agreement is attached hereto and by this reference made a part hereof Section 2. Any ordinances of the City of Omaha and any rules and regulations promulgated thereunder which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the bargaining unit described in Article 1, Section 1 of the Collective Bargaining Agreement. II Section 3. The Mayor of the City of Omaha is hereby authorized to execute the Collective Bargaining Agreement on behalf of the City of Omaha, and the City Clerk is hereby authorized to attest to his signature. 4 ORDINANCE NO. " 4,,e) PAGE 2 Section 4. This ordinance not being of legislative character, shall be in full force and take effect immediately upon passage under and by virtue of the authority granted by section 2.12 of the Home Rule Charter of the City of Omaha. INTRODUCED BY COUNC? i A MEMBER ?% APPRO, ED BY: Pi., 1 (0 -0 -0 ( a '..O E CITY OF 0 DATE PASSED -._JUN r 5 nal /7-0 ✓ ATTEST: . i 4' I CLEW) CITY OF OM ATE APPROVED AS TO FORM: ` CITY ATTORNEY DATE P:\Law1\11868z.doc 12/28/97 12/26/98 12/24/00 - 12/22/01 12/27/98 12/25/99 12/23/01 - 12/21/02 and 12/21/00 12/22/01 12/22/02 - 12/20/03 , AGREEMENT BETWEEN THE CITY OF OMAHA, NEBRASKA AND THE OMAHA POLICE UNION LOCAL NO. 101 AFL-CIO - I.U.P.A. INDEX - BY ARTICLE ARTICLE TITLE PAGE 1 Union Recognition 1 2 Management Rights 2 3 Check-Off 5 4 Bulletin Boards and Ballot Boxes 7 5 Prohibitions of Strikes 8 6 Discharge and Discipline 9 7 Appeal Procedure 14 8 Grievance Procedure 15 9 Complaint Procedure 18 10 Seniority 19 11 Probationary Employees 20 12 Lay-Offs 22 13 Leave Procedure& Provisions 23 14 Non-Discrimination 34 15 Hours of Work and Duty Shifts 35 16 Union Activities 45 17 Outside Employment and Employees Duties 46 18 Citizens Complaints 48 18a. Police Officers' Employee's Bill of Rights 48 18b. Relief from Duty 51 19 Attendance in Court, Conferences, and Other Meetings 52 20 Holidays 54 21 Overtime and Call-In Pay 56 22 Allowance For Clothing 58 23 Insurance Health Care 61 24 Injuries In the Line of Duty-Temporary Disability 67 25 Limited Duty 68 26 Union Business 69 27 Safety Committee 70 28 Longevity 71 29 Savings Clause 73 30 Health insurance Care for Retirees 74 31 Residency 76 32 Maintenance of Benefits 77 33 Examinations and Promotion Procedure 78 34 Pensions 82 35 Night Shift Differential 92 36 College Incentive Program Committee Pay 93 37 Wages 95 38 Job Performance Interview (Counseling) 97 39 Random Drug Testing 98 40 Out-of-Classification Pay 101 41 Specialty Pay 102 ARTICLE TITLE PAGE 42 Premium Pay 104 43 Compensatory Time 106 44 Wage Supplement for Card Employees 107 45 Continuing Negotiations 108 46 Trade Time 109 46 47 Duration of Agreement 110 APPENDIX TITLE PAGE A Authorization for Payroll Deduction 111 B Wages - 1991, 1995, 1996, 1997 2001, 2002, 2003 112 C Health Insurance Care Benefit Summary 115 1 INDEX - ALPHABETICAL ARTICLE TITLE PAGE 22 Allowance for Clothing 58 7 Appeal Procedure 14 19 Attendance in Court, Conferences, and Other Meetings 52 4 Bulletin Boards and Ballot Boxes 7 3 Check-off 5 18 Citizens Complaints 48 36 College Incentive Program Committee Pay 93 43 Compensatory Time 106 9 Complaint Procedure 18 45 Continuing Negotiations 108 6 Discharge and Discipline 9 39 Random Drug Testing 98 40 47 Duration of Agreement 110 18a. Police Officers' Employee's Bill of Rights 48 33 Examinations and Promotion Procedure 78 8 Grievance Procedure 15 30 Health Insurance Care for Retirees 74 20 Holidays 54 15 Hours of Work and Duty Shifts 35 24 Injuries In the.Line of Duty-Temporary Disability 67 23 Insurance 61 38 Job Performance Interview 97 12 Lay-Offs 22 13 Leave Procedures Provisions 23 25 Limited Duty 68 28 Longevity 71 32 Maintenance of Benefits 77 2 Management Rights 2 35 Night Shift Differential 92 14 Non-Discrimination 34 40 Out-of-Classification Pay 101 17 Outside Employment and Employee Duties 46 21 Overtime and Call-In Pay 56 34 Pensions 82 42 Premium Pay 104 5 Prohibitions of Strikes 8 11 Probationary Employees 20 18b. Relief from Duty 51 31 Residency 76 27 Safety Committee 70 29 Savings Clause 73 10 Seniority 19 41_ Specialty Pay 102 46 Trade Time 109 1 Union Recognition 1 16 Union Activities 45 26 Union Business 69 ARTICLE TITLE PAGE 37 Wages 95 44 Wage Supplement for Card Employees 107 APPENDIX TITLE PAGE A Authorization for Payroll Deduction 111 B Wages - 1991, 1995, 1996, 1997 2001, 2002, 2003 112 C Health insurance Care Benefit Summary 115 PREAMBLE This Agreement, by and between the City of Omaha, Nebraska, hereinafter referred to as the CITY, and the Omaha Police Union, Local No. 101, AFL-CIO - I.U.P.A. hereinafter referred to as the UNION, is designed to promote and strive to maintain a working agreement between the CITY and the UNION. PAGE 1 P ARTICLE 1 UNION RECOGNITION AND DEFINITIONS • SECTION 1 The City CITY recognizes the UNION as the sole and exclusive collective bargaining representative of police officers, sergeants, lieutenants, and captains, but excluding the Chief of Police Police Chief, Deputy Chiefs, and all part-time and seasonal employees. SECTION 2 The term "part-time employee" means an employee who works in a position which does not normally require more than thirty-two (32) hours of work per week. The term "seasonal employee" means any employee in a position of a seasonal nature, the duration of which does not exceed nine (9) calendar months. The term "employee" as used elsewhere in this Agreement means individuals employed in those job classifications which are included in the recognized bargaining units as set forth in Section 1 hereof. Throughout this contract the term "working days" is used to set various time limits for the bringing of, or responding to, discipline or grievances. In that context the term "working days" means any Monday, Tuesday, Wednesday, Thursday or Friday which is not a holiday as defined by this Agreement. "Union representatives" as used in this a Agreement shall mean any employee(s) who is (are) authorized by the president of the Union to represent the Union." Any time the term "revolver" is used in this Agreement, or in any S.O.P. issued by the Police Department, such term shall include any authorized weapon where applicable. "This Agreement" shall mean the current collective bargaining agreement between the CITY and UNION, and all referenced attachments and any duly enacted amendments thereto. "Base pay" or "straight time" as used in this Agreement shall mean the employee's compensation as set forth in the CITY pay scales and steps and codified in §23-178 of the Omaha Municipal Code. Whenever male gender is used in this Agreement, it should include the female gender when applicable. PAGE 2P SECTION 3 The City CITY shall have the right to the establishment of ten (10) Deputy Chiefs positions which positions will be directly in rank below the position of Chief of the Police Department Police Chief. The establishment of the rank of Major, or any other promotional rank below the level of Deputy Chief; will be considered a bargaining unit position and will be subject to negotiations between the parties. I , 1 PAGE 3P ARTICLE 2 MANAGEMENT RIGHTS Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit, or impair the rights, powers, and the authority of the CITY as granted to it under the laws of the State of Nebraska, the Home Rule Charter of the City of Omaha, 1956, and CITY'S ordinances. These rights, powers, and authority include, but are not limited to the following: 1. The right to determine, effectuate, and implement the objectives and goals of the CITY. 2. The right to manage and supervise all operations and functions of the CITY. 3. The right to establish, allocate, schedule, assign, modify, change, and discontinue CITY operations, work shifts, and working hours. 4. The right to establish, modify, change, and discontinue work standards. 5. The right to hire, examine, classify, promote, train, transfer, assign, and retain employees; suspend, demote, discharge, or take other disciplinary action against employees for just cause; and to relieve employees from duties due to lack of work or funds. 6. The right to increase, reduce, change, modify, and alter the composition and size of the work force. 7. The right to determine, establish, set, and implement policies for the selection, training and promotion of employees. 8. The right to create, establish, change, modify, and discontinue and any CITY function, operation, and department. 9. The, right to establish, implement, modify, and change financial policies, accounting procedures, prices of goods or services, public relations, and procedures and policies for the safety, health, and protection of CITY property and personnel. 10. The right to adopt, modify, change, enforce, or discontinue any existing rules, regulations, procedures, and policies which are not in direct conflict with any provision of the this Agreement. 11. The right to establish, select, modify, change, or discontinue equipment, materials, and the layout and arrangement of machinery. PAGE4P 12. The right to determine the size and character of inventories and their disposal. 13. The right to determine and enforce employee's quality and quantity standards. 14. The right to contract, subcontract, merge, sell, or discontinue any function or operation of the CITY. 15. The right to engage consultants for any function or operation of the CITY. 16. The right to sell, transfer, lease, rent, or otherwise dispose of any CITY equipment, inventories, tools, machinery, or any other type of property or service. 17. The right to establish, adopt, modify, change, and discontinue any type of licensed processes, production, maintenance, service, or distribution methods or facilities. 18. The right to control and the use of property, machinery, inventories, and equipment owned, leased or borrowed by the CITY. 19. The right to determine which products are to be processed, manufactured, or sold, and which services are to be rendered, supplied, or discontinued. 20. The right to establish, implement, change, modify, adjust, and discontinue any process, technique, method, means of manufacture or distribution, and the type of machinery or equipment to be used or operated by the CITY or any contractor or subcontractor. 21. The right to determine the location, establishment, and organization of new departments, divisions, subdivisions, or facilities thereof, and the right to determine the relocation . of departments, divisions, subdivisions, locations, and the closing and discontinuance of the same. 22. The right to classify jobs and to allocate individual employees to appropriate classifications based upon duty assignments. The CITY will not abolish or change any bargaining unit UNION classifications for the purpose of depriving the bargaining unit employees of their benefits under this Contract Agreement. PAGE 5P ARTICLE 3 CHECK-OFF SECTION 1 The CITY shall deduct regular monthly UNION dues from the pay of each employee covered by this Agreement, provided that at the time of such deduction there is in the possession of the and Finance Division Department of the CITY a current unrevoked written assignment, executed by the employee, in the form and according to the terms of the authorization form attached hereto, marked Appendix "A", and made a part hereof. Such authorization may be revoked by the employee at any time by giving written notice thereof to the Payroll Section of the Accounts and Finance Division Department of the CITY. SECTION 2 Previously signed and unrevoked written authorizations shall continue to be effective as to employees reinstated following layoff, leave of absence, or suspension not exceeding sixty (60) days; previous authorizations of other employees rehired or reinstated shall not be considered to be effective. SECTION 3 Such authorization authorized deductions shall be made from the first each payroll period of each calendar month and will within ten (10) days be remitted to the duly designated UNION official. The UNION shall advise the Payroll Section of the Accounts and Finance Division Department of the CITY in writing of the name of such official. SECTION 4 If an employee has no pay coming for the first payroll period of the calendar month, or if such pay period is the first pay period of a new employee, or if the employee has signed an authorization form during such pay period of the subsequent month, such deductions shall be limited to the amount of the current regular monthly UNION dues, and shall not include dues for prior months or any portion thereof. SECTION 5 If the Payroll Section of the Accounts and Finance Division Department of the CITY receives an employee revocation of authorization on or before the eighth day of the first payroll period of the calendar month, no deductions will be made from that payroll period or subsequent payroll periods. . If such revocation is received after the eighth day of the first payroll period, a deduction will be made from such payroll but shall not be made from subsequent payroll periods. SECTION 6 At. t,,,, rexecution of the AgroemeTrt,e The UNION shall advise the Finance Division Department of the CITY in writing of the exact amount of regular monthly UNION dues. i€ If, subsequently, the UNION requests the Payroll Scction of the Accounts and Finance men Department of the CITY to deduct PAGE6P additional monthly UNION dues, such request shall be effective only upon written assurance by the UNION to the and Finance won Department of the CITY that additional amounts are regular monthly UNION dues duly approved in accordance with the UNION'S constitution and by-laws. SECTION 7 The CITY shall not be liable for the remittance payment of any sums other than those constituting actual deductions made; and if for any reason it the CITY fails to make a deduction for any employee as above provided, it shall make that deduction from the employee's next pay period in which UNION dues are normally deducted after written notification to the Payroll Section of the. Accounts and Finance Division Department of the CITY of the error. If the CITY makes an overpayment to the UNION, the CITY will deduct that amount from the next remittance to the UNION. The UNION agrees to indemnify and hold the CITY harmless against any and. all claims, suits, orders or judgments brought or issued against the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. PAGE 7P ARTICLE 4 BULLETIN BOARDS AND BALLOT BOXES SECTION 1 The CITY shall permit the UNION to use one bulletin board, designated by the Chief of Police Chief, at each assembly area, for posting notices of UNION meetings and elections, results of such meetings and elections, and reports of UNION committees. SECTION 2 Posted notices shall not contain anything political or anything reflecting adversely upon the CITY or any of its employees. Any UNION authorized violation of this Article shall entitle the CITY to cancel immediately the provisions of this Article and prohibit the UNION further use of the bulletin boards. SECTION 3 Posted notices shall be on UNION stationery. SECTION 4 The CITY will permit the UNION the use of one ballot box, designated by the department head Police Chief or his designated representative, at each assembly area, for use in UNION elections. Any other use of the ballot box on City CITY property must be approved by the Police Chief. No employee shall participate in any UNION election, in any manner, during his tour of duty. Any UNION authorized violation of this Section shall entitle the CITY to cancel immediately the provisions of this Section and prohibit the UNION further use of the ballot boxes. PAGE8P ARTICLE 5 PROHIBITION OF STRIKES The UNION shall neither cause nor counsel any person to hinder, delay, limit, or suspend the continuity or efficiency of any CITY function, operation, or service for any reason, nor shall it in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, sponsor, engage in, condone, or encourage any person to participate in any strike, slowdown, mass resignation, mass absenteeism, or any other type of consorted work stoppage. The UNION shall not aid or assist any persons or parties engaging in the above prohibited conduct by giving direction or guidance to such activities and conduct, or by providing funds, financial, and other assistance for the payment of strike, unemployment, or other benefits to those persons or parties participating in such prohibited conduct and activities; provided, however, that the UNION may provide legal representation. In applying the provisions of this Article, all of the terms used herein shall be given the meaning commonly understood. The UNION shall not be in breach of contract this Agreement where the acts or actions hereinbefore enumerated are not caused or authorized directly by the UNION. Upon notification confirmed in writing by the CITY to the UNION that certain of its members are engaged in a wildcat strike, the UNION shall immediately in writing order such members to return to work at once, and provide the CITY with a copy of such an order, and a responsible official of the UNION shall publicly order them to return to work. Such characterization of the strike by the CITY shall not establish the nature of the strike. Such notification by the UNION shall not constitute an admission by it that a wildcat strike is in progress or has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be made solely on the representations of the CITY. In the event that a wildcat strike occurs, the UNION agrees to take all reasonable, effective and affirmative action to secure the members' return to work as promptly as possible. The CITY agrees that it shall not lock out any employees because of a labor dispute. PAGE 9P ARTICLE 6 DISCHARGE AND DISCIPLINE SECTION 1 DISCIPLINARY ACTION-CAUSE: Any action which reflects discredit upon the service or is a direct hindrance to the effective performance of the CITY government functions shall be considered good cause for disciplinary action. The following are declared to be good cause for disciplinary action against any employee, though charges may be based upon causes and complaints other than those listed: (a) Habitual use of alcoholic beverages or prescription medicines to excess, provided the employee has been given an opportunity to seek professional help in dealing with his problem; (b) Has been adjudged guilty of a crime involving moral turpitude, or infamous or disgraceful conduct; (c) While on duty: 1. Partaking of intoxicating beverages; 2. failing an alcohol test administered pursuant to CITY rules and regulations; or 3. intoxication while on duty; (d) Use of abusive or improper treatment to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense or to protect the lives of others, or to prevent the escape of a person lawfully in custody. (e) Offensive conduct or language toward the public or toward city officers or employees; (f) Insubordination; (g) Incompetence to perform the duties of his position; (h) Negligence in the care and handling of City CITY property; (i) Violation of any lawful and reasonable official regulation made or given by his superior officer, where such violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline or resulted, or might reasonably have been expected to result in loss or injury to the City CITY, to prisoners of the City CITY, or to the public. (j) Commission of acts or omissions unbecoming an incumbent of the particular office or position held, which render his admonishment, reprimand, suspension, demotion, or discharge necessary or PAGE 10P desirable for the economical or efficient conduct of business of the City CITY or for the best interest of the City government; (k) Willful violation of any of the provisions of the City Charter or any of the rules promulgated thereunder; (I) Has induced or attempted to induce any officer or employee in the City CITY service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order; or has participated herein. (m) Solicitation or receipt from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded other persons; (n) Use or attempted use of political influence or bribery to secure an advantage in an examination or promotion; Of assignment; (o) Absence from duty without leave contrary to the provisions in this a Agreement, or failure to report after leave of absence has expired, or after such leave of absence has been disapproved or revoked and cancelled by the proper authority; (p) Any cause specified in Section 23-291 of the Omaha Municipal Code.- and/or, (q) Use of illegal controlled substances or failure of a . drug test_ administered pursuant to CITY rules and regulations. Violation of the provisions of this Section shall may be punishable by reprimand, suspension, demotion, and/or discharge. SECTION 2 DISCIPLINARY ACTIONS-REPRIMAND: Any employee may be reprimanded for cause. Such reprimand shall be in writing and signed:by the employee. Such reprimand A copy of the reprimand document shall be transmitted to the employee_ and a signed copy shall be transmitted to the employee and a A signed copy The original shall be transmitted to the Personnel Department for inclusion in the employee's personnel file. An employee may request that any reprimand that is greater than one year old be removed from his personnel file. This one year period begins when . the reprimand is actually transmitted to the employee. The employee will be provided with the originals of such documents. No copies or notations of such documents will be maintained in the personnel file. A • PAGE 11 P copy of such document will be maintained in a separate, generic, file in the Personnel Department. Such file shall be maintained under no. individual employee's name but simply under the heading "Removed Disciplinary Actions". Such documentation may be used only for purposes of litigation not relating to the employee's discipline; or in appeals, arbitration or litigation relating to the employee's discipline only for the purposes of impeachment. If such a request is made all reprimands at are greater th. a yearn old-arthe-timo j ro�ct shall be removed and given to the employee. SECTION 3 DISCIPLINARY ACTIONS-SUSPENSIONS: An employee may be suspended without pay for cause for a period or periods not exceeding forty (40) working days in any twelve (12) consecutive months, however, no single suspension shall be for more than twenty (20) working days. Such suspension shall be in writing and acknowledged in writing by the employee. The suspension shall include the reasons for and the duration of the suspension. A written notice for such suspension The original or a copy of the suspension document shall be transmitted to the employee. A copy of this shall be transmitted to the Personnel Department for inclusion in the employee's personnel file. An employee may request that any suspension that is greater than five (5) years old be removed from his personnel file. The above 5 year time period shall begin when the notice of the suspension is actually transmitted to the employee. The employee will be provided with the original such documents. No copies or notations of such suspension shall be maintained in the employee's personnel file. A copy of such document will be maintained in a separate, generic file in the Personnel Department. Such file shall be maintained under no individual employee's name but simply under the heading "Removed Disciplinary Actions". Such documentation may be used only for purposes of litigation not relating to the officer's discipline; or in appeals, arbitration or litigation relating to the officer's discipline only for the purposes of impeachment. An s r at his on II have the -right t^ ch a annu e-a e foor ti^ —rr��t�tl�e��rri�c-arrrtu su pen ien of working days at a ratio of five (5) annual leave days for five /F uspensie ys. ThiTexnha� r+ y onl nplicable to si spensin less than or equal to five (5) total working days. An employee, at his option, shall have the right to exchange annual leave for suspension days if such suspension is for five (5) working days (40 hours) or fewer. Such exchange shall be made on a one-for-one ratio(up to the five working day limit). Such exchange may also be made for unappealed suspensions of more than five (5) working days (40 hours). PAGE 12P SECTION 4 DISCIPLINARY ACTIONS-DEMOTION: An employee may be demoted for cause. A written statement of the reasons for any such action shall be transmitted to the employee and a copy transmitted to the Personnel Department for inclusion in the employee's personnel file. within fifteen {15) working days prior to the effective date of the action. NO No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible for employment in a lower class and shall not be made if any regular employee in a lower class will be laid off by reason of the action. SECTION 5 DISCIPLINARY ACTIONS-DISCHARGE: An employee may be discharged for cause. Prior to the discharge becoming effective a written statement containing the reasons forthe discharge shall be transmitted to the employee and to the Personnel Department for inclusion in the employee's personnel file. The City CITY may suspend such employee immediately and indefinitely with pay. Prior to the discharge becoming effective such employee shall be entitled to present his side of the facts surrounding the discharge to an impartial City CITY decision maker. SECTION 6 ' actions. Other, non citizen's complaint disciplines, must be initiated within thirty (30) working days of the incident occasioning the disciplinary action. Any disciplinary action must be initiated within forty-five (45) working days of the incident occasioning the disciplinary action. This time limitation shall not apply whenever the disciplinary action results from or is the product of a criminal investigation. An extension on the time period may be granted when mutually agreed upon by the Labor Relations Director and the UNION. When a citizen's complaint is not sustained for any reason (exonerated, not sustained, or unfounded) at the Departmental level, no disciplinary action will be taken against the employee unless the citizen appeals for further review within ten (10) working days of being notified that the complaint has not been sustained at the Departmental level. However, an. extension on the time period may be granted when mutually agreed to by the Labor Relations Director and the U-niorn UNION. This time limitation shall not apply whenever the disciplinary action results from or is the product of a criminal investigation. SECTION 7 An accused officer shall be informed of the nature of the investigation and shall receive a written notice of the charges being investigated against such officer at least twenty-four (24) hours prior to the formal interrogation by the Police Department. This twenty-four (24) hour period may be waived if the complaint alleges intoxication or drug incapacitation during PAGE 13P on duty status. The written notice shall contain the following information: (1) the allegations of the complaint; (2) the time and date and location of the incident giving rise to the investigation, if known; (3) if the complaint is a written document from an anonymous source, such written document shall be provided to the officer employee. If there exists a written complaint from a City employee (sworn or non-sworn), such document shall not be provided to the accused officer employee. In the event that the procedures set forth above are not followed, the charges against the officer will be dismissed without prejudice. SECTION 78 The City CITY of Omaha agrees to maintain in its Personnel Department a list of all disciplinary actions against all bargaining unit employees. Disciplinary action shall be defined as all written reprimands, demotions, suspensions and discharges. The list, to be kept current on a weekly basis, shall denominate employee and type of action taken against the officer employee, and shall be accessible to authorized Union UNION representatives only. PAGE 14P ARTICLE 7 APPEAL PROCEDURE SECTION 1 Any employee who has satisfactorily completed his probationary period of employment twelve (12) months of employment with the City CITY of Omaha shall have the right to appeal to either the Personnel Board or arbitration, but not both, from a suspension, discharge termination of employment, or reduction in classification or pay not later than ten (10) working days after receiving notice of such action. Any such employee who receives a written reprimand shall have the right to appeal to the Personnel Board only not later than ten (10) working days after receiving notice of such action. There shall be no right of appeal from the Personnel Board to the arbitrator or from the arbitrator to the Personnel Board. SECTION 2 If an election is made to appeal to the Personnel Board the appeal must be in writing setting forth the reasons why such action is improper and submitted to the Personnel. Director within the ten (10) working day time period;. who The Personnel Director shall cause such appeal to be placed on the agenda of the next regularly scheduled Personnel. Board Mmeeting, provided the appeal is received at least ten (10) working days prior to the regularly scheduled Personnel Board Mmeeting_ °Otherwise it shall be placed on the agenda of the Personnel Board for the following next regularly scheduled meeting. SECTION 3 The Personnel Board or arbitrator shall not have jurisdiction to discharge terminate employment of an employee upon an appeal from a suspension. SECTION 4 If an employee, serving a probationary period by virtue of promotion, is discharged terminated from employment for reasons of misconduct or delihquenoy cause, he shall be entitled to file and process an appeal under the provisions of Section 1 or Section 2 hereof. SECTION 5 If an election is made to appeal to arbitration, the procedure for selection of the arbitrator shall be as set forth in Article 8, Step 43, gsecond Rparagraph, of this Agreement. SECTION 6 An employee shall have the right to process an appeal individually, by the UNION, and/or by an Attorney at Law. If an employee elects not to use the UNION or its attorney in the processing of an appeal, the decision of the Personnel Board shall not set binding precedent on the UNION. PAGE 15P ARTICLE 8 GRIEVANCE PROCEDURE SECTION 1 GRIEVANCE "Grievance" as defined in the this Agreement is a claim of an employee arising during the term of this Agreement which is limited to matters of interpretation or application of the express provisions of this Agreement and excluding discharge and disciplinary actions as provided in Article 6 hereof, which actions shall be processed in accordance with Appeal Procedure as set forth in Article 7 of this Agreement. The U-niorn UNION shall have the right to file a grievance in accordance with Article 8. SECTION 2 The following procedure shall be used in the submission of a grievance, as defined in Section 1 hereof. Step 1. An employee or Union UNION who has a grievance shall present the same, in writing, to the Police. Chief, or his designated representative, within ten (10) working days from the date on which the employee or Union UNION became aware of the grievance. The written grievance must set forth the sections and articles of this Agreement upon which the matter of interpretation or application is involved. The Police Chief, or his designated representative, wif4 shall respond to the grievant in writing within ten (10) working days from the date on which the written grievance was received. Step 2. In the event the employee or Union UNION is dissatisfied with the response of the Chief, or his designated representative, then the employee or Union UNION may, within ten (10) working days from the date of the response given by the Police Chief,, or his designated representative appeal said decision, in writing to the CITY Labor Relations Director, or his designated representative. The Labor Relations Director or his designated representative shall respond to the grievant, in writing, within ten (10) working days from the date on which the grievance appeal was received. An extension on the time period may be granted when mutually agreed to by the Labor Relations Director and the U-nio n UNION. Step 3. If satisfactory settlement is not reached under Step 2 hereof, either the aggrieved employee, the Union UNION or the City CITY of Omaha by and through the Labor Relations Director, or his representative shall, within twenty (20) working days from the expiration of the limits as set forth in Step 3 or any extension thereof as set forth in Section 3, by written notice to the other party, request arbitration. The City CITY shall furnish the UNION with a copy of any such notice sent or received requesting arbitration. PAGE 16P The arbitration proceeding shall be conducted by an arbitrator to be mutually selected by the parties within thirty (30) calendar days after the submission of written demand for arbitration. The UNION shall at its discretion become a party for the purpose of selecting an arbitrator. The UNION and the grievant shall together be considered one party. I If the parties are unable to mutually agree as to the selection of an arbitrator within such time limit and either party continues to demand arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to provide a list of five (5) qualified arbitrators. Each party shall have the right to strike two (2) names from the list of arbitrators as submitted. The party requesting arbitration shall have the right to strike the first name and the other party shall then strike one name with the same process being repeated so that the person remaining on the list shall be the arbitrator. There shall be no appeal from the arbitrator's decision. It shall be final and binding on the UNION, if the UNION is a party to the arbitration, the City CITY of Omaha, and on all bargaining unit employees who take part in or are represented in the arbitration proceeding. Where an employee elects to process a grievance without UNION representation or assistance, the UNION shall have the right after the arbitrator has been selected to intervene and become a party to the proceeding. Authority of the arbitrator is defined and limited by Article 7 and Article 8 of this Agreement. In the event the arbitrator finds that he has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. The arbitrator shall be requested by the parties to issue his decision within thirty (30) calendar days after the conclusion of the hearing. Parties selecting the arbitrator shall share equally the arbitrator's expenses. Each party shall be responsible for compensating its own representatives and witnesses. If a party desires that a record of the testimony be made at the proceedings it may cause such a record to be made at its expense; provided, however, that it supplies the arbitrator and other party or parties with copies of such record at no expense to the other party or parties. PAGE 17P SECTION 3 Any time limitation provided herein may be waived or extended in writing by mutual agreement of the aggrieved employee or the Union UNION and the Labor Relations Director or his designated representative. If either party fails to comply with any time limitation or extension thereof, absent written waiver of same, the grievance shall automatically be resolved in favor of the other party. SECTION 4 An aggrieved employee shall have the right to process his grievance individually, by the UNION, and/or by an Aattorney at hlaw. PAGE 18P ARTICLE 9 COMPLAINT PROCEDURE SECTION 1 A COMPLAINT "Complaint" as defined herein in this Agreement means any suggestions or disagreements by an employee or his collective bargaining UNION representative concerning the terms or conditions of his employment. A complaint does not include matters of discharge and discipline or grievances as defined in Section 1 of Article 8. SECTION 2 The employee or his UNION representative shall have the right to discuss a complaint with the Department. Head Police Chief or his designated representative only after having first exhausted the procedures of the Department for the processing of complaints without satisfactory resolution. The decision of the Department Head Police Chief or his designated representative shall be final and binding and not subject to review or appeal by the Personnel Board or any court of law. PAGE 19P ARTICLE 10 SENIORITY SECTION 1 Seniority shall be based on continuous length of service in classification covered by this Agreement without a break or interruption; provided, that any suspension for disciplinary purposes as provided in Section -4- 3 of Article 6, absence on authorized leave with pay, absence on authorized leave without pay; or lay-off for thirty(30) calendar days or less, shall not constitute a break or interruption of service within the meaning of this Section. SECTION 2 Seniority shall commence from the date an employee enters a classification covered by this Agreement. SECTION 3 A list of employees arranged in order of seniority by classification and a list of employees arranged in total service with the Omaha Police Department shall be maintained and made available for examination by employees; . provided that tThe seniority list shall be revised and updated at the end of each fiscal year; and a copy of the same shall be transmitted to the UNION. The list of employees arranged in total service with the Omaha Police Department shall be maintained and provided for information only. SECTION 4 Where two or more employees in the same classification .were appointed on the same date, their seniority standing shall be determined in the order of their ranking on the report of competitive examination eligibility list from which their eligibility for appointment was determined. PAGE 20P ARTICLE 11 PROBATIONARY EMPLOYEES SECTION 1 The probationary period of an employee shall consist of two (2) years of actual employment except in a case.of a promotion which period shall consist of six (6) months of actual employment. from the effective date of promotion. aAny interruption of employment during either probationary period shall not be counted as part of the period. Approved leave does not constitute an interruption of employment-1 #however, approved leave in excess of thirty (30) days shall extend the employee's probationary period by a like number of days. An employee rehired after termination of previous employment shall be hired as a probationary employee and such probationary period shall consist of six (60) months of actual employment within the meaning of this Section Article and prior service shall not be credited to such period of time. SECTION 2 An employee who is transferred to another position in the same or different class in the same department prior to the completion of his probationary period shall complete that service period in the latter position by adding thereto his service in the former position. Verification of satisfactory employment in the new position by the Department Head Police Chief will be deemed to constitute verification of satisfactory service also in the original position. The provisions of this Section will not apply in any case of transfer from one department to another. SECTION 3 At any time during the probationary period a Department Head the Police Chief may remove an employee whose performance does not meet the required standards, provided that he shall report the removal and reasons therefor in writing to the Personnel Director and to the employee concerned. Any employee removed from a position during the first twelve (12) months of the probationary period {for employees hired after January 1, 1998 (provided, however, the City CITY may unilaterally extend this period an additional six months upon giving notice to the employee and the union UNION of the reasons for such extension) or during the six (6) months of a promotional probationary period, except where otherwise provided in Section 4 of Article 7 shall not be entitled to appeal such removal or have the same reviewed by an arbitrator or Personnel Board. An employee removed from his position after completion of twelve (12) months service shall have the right of appeal to the Department Head Police Chief, Personnel Board, or an arbitrator. SECTION 4 At any time during the probationary period when an employee is about to be laid off because of reduction in force, the Department Head Police Chief, with the consent of the employee, may demote such employee, in lieu of lay-off if he is otherwise eligible and work is available in a lower class. The name of such employee shall be restored to the lists from which it was removed at time of appointment. The probationary period of PAGE21P an employee demoted in lieu of lay-off during that period shall include the period of probation in the .higher class. No demotion of this kind shall be made if it will result in the separation of any other employees with greater length of service. An employee serving as a result of appointment from a promotional list, who is removed from the new position for reasons other than misconduct or delinquency and who was a regular employee in another position in the classified service immediately prior to his promotional appointment, shall be reinstated in his former position or one of like status and pay. SECTION 5 At least seven (7) working days prior to the expiration of an employee's probationary period, the Department Head Police Chief shall notify the Personnel Director in writing whether the services of the employee have been satisfactory and whether the employee will be continued in his position. A copy of this notice shall be given to the employee by the Department Head Police Chief. Upon receipt by the Personnel Director of a favorable report, the appointment of the employee shall be made a regular employee at the expiration of the probationary period. In the absence of such a favorable report, the employee shall receive no further be terminated from employment.. SECTION 6 All probationary employees will conform to the semi-annual detail change seniority bid process at the completion of the first twelve (1`')-months of on+ Probationary hired � ani iary 1 1 Q et�le� e�plejFeeS����fter��a,-yT.-�6;V1H#1 conform to the semi annual detail change seniority bid process at the eighteen (18) months of employment.. Promotional probationary employees will be assigned according to their seniority within that rank in compliance with Article 15, Section 6. • PAGE 22P ARTICLE 12 LAY-OFFS SECTION 1 Whenever a reduction in work force becomes necessary because of a lay off, lay-offs shall be made on the basis of seniority in classification. For purpose of this section Article only, for an employee who has at anytime previously invoked the privileges accorded by Section 3 of this Article, seniority-in-classification shall mean total service as an employee of the Police Department of the City CITY of Omaha in all classifications above or equal to the rank to which the employee is assigned. In all other instances seniority-in-classification shall mean the numbered years employed in his particular classification as set out in Article 10. SECTION 2 No regular employee shall be laid off from any classification while there are provisional, probationary, part-time, or seasonal employees working in the same classification. SECTION 3 In the event an employee becomes subject to lay-off in his classification, and is qualified to perform duties in a lower classification, he shall be permitted to take a position in the next lower classification at that classification's rate of pay, and any employees in the lower classification subjected to lay-off by virtue of the provisions of this Section, shall be laid off in accordance with the provisions of Section 1 hereof. SECTION 4 In the event that an employee becomes subject to lay-off in his particular classification and a vacancy exists in a position of lower classification for which he is qualified, he may, with the approval of the Personnel Director, or his designated representative, be appointed to such position in a lower classification on the basis of his seniority. SECTION 5 The names of regular employees who have been laid off shall be placed on a recall from lay-off list, maintained by the Personnel Department, and shall be eligible for re employment recall from layoff for a period of five (5) years, and the CITY shall rehire in the reverse order of lay-off; provided, such employees are otherwise qualified to perform the duties of the position. SECTION 6 Where an employee has accepted a position in a lower classification by virtue of Section 3 or 4 hereof, he shall be recalled to his former position when the same becomes available in the reverse order of reduction. PAGE 23P ARTICLE 13 LEAVE PROVISIONS SECTION 1 SICK LEAVE WITH PAY: Sick leave shall be earned at the rate of twelve {12) five and one-half (51/2) hours per month pay period (143 hours per payroll year) and unused sick leave may not be accumulated in excess of 2,000 three thousand two hundred (3,200) hours;, This change takes effect upon the execution of this Agreement. aAny police officer current employee employed upon the passage of this Agreement on or after before January 29, 1998, who initially reaches 800 hours of accumulated sick leave shall automatically be credited with 200 hours of additional sick leave. This credit is a one time only bonus. Should the employee subsequently use sick leave so as to fall below 1,000 hours, he/the must then earn back any used hours. Persons who begin employment as police officers after the passage „f this Agreement January 29, 1998,shall not be credited with this 200 hours of additional sick leave. Employees may with the approval of the Department Head Police Chief utilize their allowances of sick leave when unable to perform their work duties by reason of illness or injury, necessity for medical or dental care, exposure to contagious disease under circumstances in which the health of other employees or the public would be endangered by attendance on duty or for reasons related to the employee's pregnancy; or her adoption of a child (up to a maximum of 400 hours). Employees shall advise their supervisors immediately when it is necessary to be absent from work on account of sickness due to reasons listed above. The CITY may request documentation of the medical necessity, and the employee must provide such documentation for the employee's absence from work. Employees shall keep their supervisors currently informed of their condition. Failure to fulfill these requirements may result in the denial of sick leave. Department Heads shall be responsible for verifying and administering sick leave within their respective departments. The Department Head Police Chief may require either a certificate of a physician stating that such illness or injury prevented the employee from working, or a medical examination by a physician designated by the Personnel Director or his designated representative. Sick leave shall not accrue during any period of absence without pay in excess of five (5) working days per payroll period. An employee upon retirement from the CITY service;i or death;; or resignation after 20 years of City CITY service, (except in cases where the employee has been guilty of fraud or other activities resulting in a monetary loss to the CITY), shall be entitled to cost compensation of be paid straight time pay at the City at the employee's pay schedule of one December 26, 1999, three (3) hours for every eight (8) hours of accumulated sick leave to a maximum of 2,000 hours. This will increase PAGE 24P to a maximum of 3,200 hours after December 22, 2001. This benefit will not apply to employees upon resignation or termination with less than 20 years of City CITY service. Employees may utilize forty (40) hours of sick leave annually in a payroll year for illness or injury to immediate family members. "Immediate" family member is defined as those family members covered by the Federal Family Medical Leave Act. Employees shall be entitled to a credit for vacation annual leave at the rate of four (1) hours each month credited at the rate of two (2) hours per pay period, to a maximum of forty eight (18) fifty two (52) hours in a payroll year conditioned on meeting the following: The officer employee must: 1. Have a sick leave balance of 1,000 hours, or more; and 2. Have, in the immediate past payroll year, used 40 hours or less of sick leave. The above bonus for vacation annual leave shall operate as follows: At the end of each payroll year, each officer employee who has met the above criteria shall receive the bonus for the entire ensuing payroll year pursuant to the credit schedule above, irrespective of whether that individual officer employee goes below that criteria during that ensuing year. If an officer employee does not meet that criteria on the final day of the payroll year, he/she shall not receive the bonus for the entire ensuing year irrespective of the fact that at some time during that ensuing year such officer employee may meet the above requirements. In other words, the concept is that the bonus is granted for a payroll year based upon the officer's employee's sick leave usage in the prior year. When an employee initially reaches 1,000 hours of accumulated sick leave, he/she shall receive the above bonus for the remainder of the year in which he/she reached the 1,000 hour mark irrespective of any usage for the prior payroll year. At the end of that payroll year, fie/she shall be evaluated according to the criteria set forth above. All hours of sick leave shall be counted against an employee's balances for the purpose of accumulation of gross numbers of sick leave. However, . any sick leave usage used by an employee for her pregnancy. (up to but not exceeding 400 hours per pregnancy) shall not be counted only for the purpose of determining whether she qualifies for the annual leave bonus. PAGE 25P If sick leave is used by an employee for a single illness during the payroll year change period (December - January) mandating two years without bonus instead of one, the employee may request an exemption. This consideration exemption will be applied at the sole discretion of the Labor Relations Director. SECTION 2 VACATION ANNUAL LEAVE: Vacation Effective with the passage and legal execution of this Agreement, Annual leave shall be earned by employees with less than five (5) years of continuous service with the CITY at the rate of ten (10) hours per month four and six tenths (4.6) hours per pay period (119.6 hours per payroll year) and for such employees with five (5) years or more of continuous service with the CITY at the rate of fourteen (11) hours per month six and one-half (6'/2) hours per pay period (169 hours per payroll year); provided, however, that vacation annual leave for such employees in excess of 280 320 hours shall not be carried forward from one calendar payroll year to the next calendar payroll year, except where an employee is not permitted to take vacation annual leave during the year by virtue of being on Injured on Duty status. The increa e from 240 hog ors to 280 hog urs shall begin t the end of calendar year 1995. Employees shall be provided with the opportunity to take vacation annual leave in minimum increments of two (2) one (1) hours and the CITY shall have the exclusive right to determine the means, methods and systems by which vacations arc annual leave is scheduled; provided, however, that employees shall have the right to select their vacation annual period in the vacation unit as prescribed by the Police Chief by virtue of their seniority as defined in Article 10. Any employee serving a probationary period of six (6) months by virtue of a promotion shall be entitled to take vacations annual leave in accordance with the provisions of this.Section; all other probationary employees shall not have the right to use vacation annual leave for the first twelve (12) months of employment in accordance with the provisions of this Section, but may at the sole discretion of the Department Head Police Chief, or his designated representative, be granted the opportunity to use vacation annual leave for emergency purposes. The decision of the Department Head Police Chief, or his designated representative,, in this regard is final and binding and not subject to the grievance procedure. ANNUAL LEAVE PROCEDURES 1. Block Annual Leave is annual and/or holiday leave in which the employee will be absent from duty a minimum of six (6) consecutive days. Normal Block Annual Leave and Summer block Block Annual Leave must be requested in writing. Block Annual Leave, whether Summer Block Annual Leave or Normal Block annual leave, will prevail over "per diem" annual leave. PAGE 26P 2. Summer Block Annual Leave is annual and/or holiday leave taken in the months of May, June, July and/or August. Requests for Summer Block Annual Leave shall be delivered by the employee to the shift commander on or before April 1st of each year. In granting Summer Block Annual Leave, seniority will prevail. If an employee submits more than one request, they will prioritize their requests to allow seniority prevalence. --Normal Block Annual Leave is not subject to the April 1st deadline, regardless of when the _actual leave occurs. Normal Block Annual Leave requests,shall be granted on a "first come, first serve" basis,regardless of seniority. --In the event that more than one employee submits Normal Block Annual Leave requests for the same day(s), and these requests are submitted during the same eight (8) .hour.shift, then seniority shall prevail during that shift only. These situations may occur when an excessive number_of employees are requesting Normal Block Annual. Leave for the same day(s) which would result in exceeding the number allowed leave from unit daily personnel assignment detail.. --If an employee commences their block leave then wishes to cancel any remaining portion of that leave, AND that block leave cancelled previously granted "per diem" leave, the cancellation of the remaining block leave must be approved by the Bureau Shift Commander. --In the event that any portion of an employee's block leave is withdrawn, the employee whose ."per diem" leave was previously canceled as a direct result of granted block leave, shall be allowed to resubmit their leave request. 3. "Per Diem" annual leave is annual and/or holiday leave in which the employee will be absent from duty less than six (6) consecutive calendar days. Whenever possible, requests for "per diem" annual. leave shall be made at least six (6) days prior.to,the requested day(s) off. If the request is made six (6) days or less than six (6) days prior to the requested day(s) off, the Bureau Shift Commander shall authorize "per diem" leave according to the following conditions. The following provisions shall apply to all three of the above paragraphs: On any given day, a minimum of ten (10%) percent of officers assigned to a unit daily personnel assignment detail shall be PAGE 27P granted annual leave. In calculating this number, Funeral Leave, Military Leave and Special Duty shall not apply. All other leave shall apply in the calculations. "Special Unit Details" within the CIB, UPB, and all other Bureaus shall follow the ten (10%) percent rule. Officers assigned to the "PR" shift shall be added to the "C" Shift for calculations of leave time. 4. Vacation Annual leave shall not accrue during a leave of absence without pay in excess of five (5) working days per payroll period. Annual leave shall be granted in minimum increments of one (1) hour. SECTION 3 SICK LEAVE WITHOUT PAY: Upon application of an employee, the Department Head Police Chief may grant sick leave without pay for an entire period under those conditions set forth in Section 1 hereof. wWhen arned such unpaid sick leave exceeds one (1) year, it may be renewed by the Police Chief, but the Dpart„ ent Head or the Personnel Director, or his designated representative: fFrom time to time the Police Chief shall require that the employee submit a certificate from the attending physician or practitioner, or submit to a medical examination. In the event of a failure or refusal to supply such certificate or if the certificate does not clearly show sufficient disability of to preclude the employee from the performance of his duties, such sick leave shall be cancelled and the employee's service terminated. Employees may be entitled to unpaid leave in accordance with the Family Medical Leave Act. SECTION 4 MATERNITY LEAVE: An employee may, with the approval of the her normal work duties by reason of pregnancy when supported by a perform her normal/assigned work dudes SECTION 54 FUNERAL LEAVE: In the event of the death of an employee's father, mother, step-parent, sister, brother, grandfather, grandmother, grandchild, spouse, or child related by blood, marriage, or adoption, the employee may, with the approval of the Department Head Police Chief or designated representative, be permitted to take funeral leave, with pay not to exceed five (5) consecutive calendar days including the day of the funeral. PAGE 28P In the event of the death of an employee's father-in-law, mother-in-law, sister-in-law, brother-in-law, grandmother-in-law or grandfather-in-law, the employee may, with the approval of the Department Head Police Chief or his designated representative, be permitted to take funeral leave, with pay, not to exceed three (3) consecutive calendar days including the day of the funeral. Funeral leave may be granted in such other instances as are justified by the relationship between the deceased and the employee. The Chief of Police Chief or his designee may, in his exercise of discretion, grant funeral leave in addition to that provided above. SECTION 65 MILITARY LEAVE OF ABSENCE WITH PAY: An employee who is a member of the National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve, shall be entitled to leave of absence from their respective duties, without loss of pay, on all days during which they are employed with or without pay under the orders or authorization of competent authority on active training duty or duty with troops or at field exercise or for instruction, for not to exceed fifteen (15) days workdays in any one (1) calendar payroll year. Such leave of absence shall be in addition to the regular vacation leave of such employees. Any pay employee on military leave shall not be counted as being on leave for the purposes of determining the maximum number of officers employees who are on annual leave. SECTION 76 MILITARY LEAVE OF ABSENCE WITHOUT PAY: All employees who leave a position for the purpose of being inducted into, enlisting in, determining his physical fitness to enter, or performing training duty in the armed forces of the United States or the National Guard, shall when ordered by proper authority to active service, be entitled to a leave of absence from such civil employment for the period of such service, plus ninety (90) days, without loss of pay during the first fifteen (15) days of such leave of absence; provided, such pay for the first fifteen (15) days shall not be construed as being in addition to the pay provided for in Section 6 hereof. The proper authority may make a provisional appointment to fill any vacancy created by such leave of absence. When such person is separated from active duty under conditions other than dishonorable, he shall be entitled to return to his former position or a position of like seniority, status, and the then prevailing pay. t€ If he is not qualified to perform the duties of such position upon his return by reason of disability sustained during the service but is qualified to perform the duties of any other position in the CITY service, he shall be restored to such other position, the duties of which he is qualified to perform, as will provide him with the same seniority, status, and pay, or the nearest proximation thereof consistent with the circumstances in his case. Application for re-employment shall be made within ninety (90) days after he is discharged from active duty. Such person shall not be discharged PAGE 29P from his former or new position without justifiable cause within one (1) year after reinstatement. SECTION 87 OTHER LEAVES OF ABSENCE WITHOUT PAY: In addition to vacation paid leave, military, or sick leave allowances, employees, including probationary employees, may be allowed to be absent from duty without pay for a period not to exceed three (3) months on the basis of applications for leave without pay approved by their respective Department Heads the Police Chief and the Personnel Director or his designated representative. Leave may be extended beyond three (3) months only with the approval of the Personnel Board. Such leave shall be granted only when it will not adversely affect the interests of the CITY. An application for leave of absence for travel, study, or other educational purposes which will equip the employee to render more effective service to the CITY normally shall be deemed as not to adversely affect the interests of the CITY. SECTION 98 CANCELLATION OF LEAVES OF ABSENCE: All leaves of absence shall be subject to the condition that the Department Head Police Chief may cancel the leave at any time upon prior written notice to the employee and the Personnel Director specifying a reasonable date for termination of the leave. The Personnel Director, or his designated representative, upon prior notice to the employee and the Department Head Police Chief, may cancel an approved leave of absence at any time he finds that the employee is using the leave for purposes other than those specified at the time of approval. In case of emergency, a Department H ad the Police Chief may cancel all leaves by verbal or written communication. SECTION .1-99 LEAVES OF ABSENCE - LENGTH OF SERVICE: As used in this Article continuous service or employment means employment with the CITY without a break or interruption; provided that any suspension for disciplinary reasons as provided in Section 3 of Article 6, any absence on authorized leave with pay, authorized absence on leave without pay; or lay-off for thirty (30) calendar days or less shall not constitute a break or interruption of service or employment within the meaning of this Section. The provisions of this Section shall not apply to military leaves as provided in Section 6 hereof, nor to maternity leave, nor Union UNION leave. SECTION 4410 AUTHORIZATION FOR LEAVE: No payment for any leave of absence shall be made granted until leave has been properly approved. Notification of any leave of absence without pay shall be submitted to the Personnel Director prior to the taking of leave. SECTION 4-211 LEAVE COMPUTATIONS: For the purpose of calculations, leave of absence shall be computed to the nearest one-half (1/2) hour, and leave accruals shall be credited on the same basis. Employees shall not have deductions made from leave accumulations for holidays which occur at the beginning, during, or at the end of a period of leave with pay. PAGE 30P ' SECTION 1-12 ABSENCE WITHOUT LEAVE: Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be grounds for disciplinary action by the Department Head Police Chief. In the absence of such disciplinary action any employee who absents himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head Police Chief by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed. SECTION 4-413 JURY DUTY: When an employee is summoned for jury duty by a court of competent jurisdiction and his attendance in court is required during his regularly scheduled duty shift with the CITY, he shall receive his regular base pay from the CITY during such service provided he turns his jury pay over to the CITY Finance officer for those days he is normally scheduled to work and for which remuneration is claimed. The employee who is summoned for jury duty, and whose regular duty shift falls on the same day but not on the "B" shift, shall receive his regular base rate of pay from the CITY provided that he turns over the jury pay to the CITY Finance officer for those days he is normally scheduled to work and for which remuneration is claimed. This employee shall be assigned to special duty "B" shift for each day he serves on the jury duty during his regular working days. SECTION .1-514 LEAVE- UNION REPRESENTATIVE: One UNION representative or the UNION president shall be entitled to a leave of absence with pay unrestricted as to time while he is engaged in UNION activities. However, the Union UNION shall reimburse the City CITY on a monthly basis for the full cost of such employee's pay and all fringe benefits. SECTION 1615 ANNUAL LEAVE PROCEDURE: Annual leave shall be granted in minimum increments of two (2) hours 4 "Block" annual leave is annual and/or holiday leave in which the employee will be absent from duty for a minimum of six consecutive calendar days. "Block" annual I avc must be T quested i rriting Block annugal leave requests for the months of May, June, July, and August shall be delivered by the employee to the Shift Commander on or before, April 1st of each year. In granting block annual leave, seniority shall prevail, and such block leave-shall-takes-preceden e over"per diem" annual leay 27 "Per Diem" annual leave may be requested by employees. The authorization of such !cave shall lay with all Bur au Shift Commanders. nn ny given clay a minim -m-ofT t n perGent ( 0%,of officers assigned to a unit daily personnel assignment detail shall be granted annual leave. In calculating this number, funeral leave, PAGE 31P military leave, and special duty shall, apply; all otherleavhall apply in the calculations. Whenever possible, requests for "per diem lAeaye-shill at least six (6:\ days prior to th r ested days\ off "Sp cial I Init details" within the ClB I IBB and re�G�C\. v�e`vTurvrrrc-a ccu'rr��v-rcrm-r-crrc�r-o, o-ry arra all oche efeat s shall-#ollow-the-ten perdu -\ r, Ie, Offi ec assigned to "D" shift shall be added to the "C" shift for calculation of leave time. 1, Block Annual L ave is annual and/or holiday I avc in which the employee will be absent from duty a minimum of six (6) consecutive days. Normal Block Annual Leave and Summer block A Block nnual L av ae ust-be-reested ng. uaI Leave, whether Summer Block Annual Leave or Normal Block annua-l-leave, will pr yer Lper-cl-lem'crr" anrnualeaye. Normal Block Annual Leave is not subject to the April 1 deadline, regardless of when the actual leave occurs. Normal Block Annual Leave requests shall be granted on a "first come, first serve" basis, regardless of seniority. —In the event that more than one employee submits Normal lock Annual r the same da y(s\ and these Lea�ve-�egeests�n�-crn�arrrc, , cr r���c, requests are submitted during the same eight (8) hour shift, then seniority shall prevail during that shift only.(Thcse situations may occur when an excessive number of employees arc requesting Normal Bleck Annual Leave for the same days\ which wou ld result in exceeding the number_ allowed leave from unit daily personnel assignment detail.) f an employee commences their block. leave then wishes leave cancelled previously granted "per diem" leave, the cancellation of the r cleave must be approved by the Bureau Shift Commander. --Ini-rihe-event-that anc any-poorrtion tie-mppllo 's block leave is--withlkawn,-the-employee-wheseper—diemf—leave-was previously canceled as a direct result of granted block leave, shalom l be allowed to resubmit their leave request. 2 Summer Block Annigal I eave is annual and/or hol ay leaya t� taken in the months of May, June, July and/or August. Requests for^ , mer Block Annual Leave shall be delivered-by-the eermnployee i the shift commander an er before April 1st of each year. In granting Sum mer Block Annual Lea\�u il ap . Iff an employee s��bmits more than one request they will prioritize their requests to �_..-....__ ..___ _ 5l1��1 OIIG IGOO C'O[� TI""IG� vuT1TOTiorrrrcc, rrrc, rccfcr�v�v allow seniority prevalence. PAGE 32P Normal Block Annual Leave is not subject to the April 1 61 deadline, regardless of when the actual. I ave occurs. Normal Block Annual Leave requests shall be granted on a " mo fire sprig° basis regardless of seniority rrlc,�r�rs , In the event that more than one employee submits Normal Block Annual Leave requests for �tth^e�.saa��me day(s),} Q and these requests are submitted ring the`same eighr(8) hour shiift then -seniority shall prevail during thou shift only These situations may occur when an excessive number of employes are rrequesting Normal Block. Annual Ce ao,r the-came days) w``hllich would ula res t in exceeding the nurmrrbcer allowed leave from u mit daily personnel assignment detail. Iff a-n pployee commences their block leave then wishes leave cancelled, previously granted "per diem" lqavc, the In the event that any portion of an employee's block I aye is withdrawn, the employee whose "per diem" leave was previously canceled as a direct result of granted block leave, shall be allowed to resubmit their leave request. 3. "Per Diem" annual leave is annual and/or holiday leave in which the employee will be absent from duty less than six (6) consecutive calendar days. Whenever possible, requests for "per diem" annual leave shall be madetTeast-six ( s prior to the requested day(s) off. If the request is made six (6) days or less than six (6) days prior to the requested day(s) off, the Bureau Shift Commander shall authorize "per diem" I aye according to the following conditions. The following provisions shall apply to all three of the above IgaFagFaPhs a On any given day a minimum of fen (1 0%) percent of officers assigned to a unit daily personnel assignment detail shall be granted annual leave. In calculating this number, Funeral Leave, Military Leave and Special. Duty shall not apply. All other leave shall apply in the calculations. PAGE 33P "Special Unit Details" within the CIB, UPB, and all other Bureaus shall follow the ten (10%) percent rule. Officers assigned to the "D" shift shall be added to the "C" Shift for calculations of leave time. PAGE 34P ARTICLE 14 NON-DISCRIMINATION SECTION 1 The parties hereby agree not to discriminate against employees because of age, race, color, creed, sex, religious or political affiliations. SECTION 2 The parties hereby agree that no officers, agents, representatives, members or anyone connected with either party shall in any manner intimidate, coerce, entice or reward, restrain, or interfere with the rights of employees to form, join, or assist labor organizations, or to refrain from any of these activities, specifically including the right of employees to withdraw, revoke, or cancel UNION membership. SECTION 3 Whenever male gender is used in this agreement, it should include the female gender when applicable. PAGE 35P ARTICLE 15 HOURS OF WORK AND DUTY SHIFTS SECTION 1 Eight (8) hours shall normally constitute a day's work,. except for employees working approved 10 or 12 hour days or on the card system, in which case a work day shall be 10, 12 or 8 '/2 hours respectively. And Forty (40) hours per week or the schedule set forth in Article 15, Section 4-0 10 the nand system c urrently in effect which is not modified by_this Agreement reflecting the card system currently in effect which is not modified by this Agreement shall constitute a week's work, provided, however, that employees shall be required to report for duty not more than een (1 5) mini tes- in ardyance of ti'a beginning of their toy r of d sty e except when attending school or training sourses refe-Ted_te in Section 2 of this Article. The City CITY of Omaha and the UNION may mutually agree to establish a ten (10) hour, four (4) day work week for designated positions on a trial basis. SECTION 2 Attendance at Police School, Police Training courses, or refresher courses held immediately before or following the tour of active duty not in excess of two (2) hours in any month shall not be considered as hours worked under this Agreement. An employee's reporting time in advance ift, a proyirdet!-in Sectiot 'Fereof, shall net he considererd as hours worked. While the initially hired employees for the position of Police Officer are in the Academy phase (not FTO) of training, the workday requirements are at the discretion of the training staff, based on the need for instruction. The recruit status employee may be required to work up to 9 hours per day providing they not be worked more.than 42 hours per week. Any time requirement exceeding the 9 hour workday or 42 hour workweek, would result in compensation at the rate of one and one-half the number of hours worked in excess of these work hours. In addition, during one week of the Academy phase, selected wholly at the discretion of the training staff regarding date and location, the following applies: recruit status employees will be required to work up to 10 hours per day; this total time per days is regardless of continuous or continual time worked; during this designated week, recruit status employees will be required to work up to 47 hours prior to overtime, or time and one-half compensation, beyond that threshold. SECTION 3 An employee shall be allowed a thirty (30) minute lunch period with pay, which period shall be considered as time worked under this Agreement. SECTION 4 varied not to exceed two (2) hours,. PAGE 36P except the "D" Shift at the sole discretion of the Department Hcad Police Chief or his designated representative, provided the employees affected are provided with a minimum of 16 hours notice as to the change of hours for the shift. "D" Shift officers employees assigned to 1 Iniform Patrol shall he assigned on—an equitable basis, has , to—cr s tttcts e officers em•lo ees shall respond to calls for services. Uniform Patrol Bureau officers em•Io ees assigned to "D" Shift shall not exceed fourteen percent (14%) of the police officers em•Io ees assigned to a uniform patrol bureau personnel a:signment detail on "A" and "C" Shifts at semi aRgual--shift--chaRge,exGludi-R9-Gbm-mah-el-effiGer-s,---Assignment-ef-effiGers employees to "D" Shift will be done in accordance with Article 10 and Article 15. The City CITY may or may not at s it management discretioninstitute 4he above "D" Shift, however, no "D" shift shall be instituted prior to the Marc�-907 hift change Upon m„t„al agreement the parties may ex " " Shur i _eFi loyeesfTom-;he "cafd" system—and--place—suFch employees on a set weekly shift of four (4) ten (10) hour days. A calendar day shall be divided into four (4) shifts designated as follows: "A" Shift (2400-0800 hrs.); `B" Shift (0800-1600 hrs.); "C" Shift (1600-2400 hrs.)-,_ and "ID2 Priority Response (PR) Shift {ranging between 1800 0600 hrs. The "A," "B," and "C" Each of the above mentioned shifts may be varied not to exceed two (2) hours,. except theme" "PR" Shift at the sole discretion of the Department Head Police Chief or his designated representative, provided the employees affected are provided with a minimum of 16 hni urs notiGe_a-s—tothe—Ghange—of—Tours frorathe hift provided a minimum of sixteen (16) hours as to the change of hours for the shift The PR Shift shall consist of 4 consecutive 10-hour days (Wed through Sat) with 3 days off. PR Shift workdays may be changed by mutual agreement between the CITY and the UNION. In advance of the UPB bidding process employee management shall announce the number of. 10-hour shift positions for each precinct. The exact hours of the PR Shift shall be set by management in hours ranging between 1600-0400 hours. Affected employees shall be provided a minimum of sixteen (16) hours as to the change of hours for their shift. The City may or may not at its management discretion, institute the above PR shift. D2 PR Shift officers employees shall be assigned to Uniform Patrol shall be assigned on an equitable basis, based on call load, to cruiser districts. These officers employees shall primarily respond to calls for services with the exception of short-term assignments necessitated by public safety priorities. Uniform Patrol Bureau officers employees assigned tom° PR Shift shall not exceed thirty-two (32) of the police officers employees or PAGE 37P fourteen percent (14%) (whichever is less) of the employees assigned to a uniform patrol bureau personnel assignment detail on "A" and "C" Shifts at semi-annual shift change, (excluding command officers and shall not exceed four (4) uniform patrol bureau sergeants. Assignment of officers employees to "DE PR Shift will be implemented at the September 2001 detail change and will be done in accordance with.Article 10 and Article 15. Employees who fill 10-hour day positions (PR Shift) and have at least 4 years of service with the Omaha Police Department shall reduce the number of 4 year employees required to be assigned to "A" and "C" shift crew by precinct, according to the following: One third of the 10-hour PR Shift 4 year positions assigned to a precinct will be credited to "A" shift crews with that precinct and two-thirds will be credited to "C" shift crews within that precinct (all fractions shall be rounded to the nearest whole). Positions credited will be distributed as evenly as possible among the affected crews in an effort to balance the number of 4-year employees actually assigned to crews. At the start of each semi-annual detail change, UPB employees assigned to 10-hour PR shift shall have twenty (20) hours of annual leave credited to their payroll annual leave account. The annual leave guidelines in effect in Article 13, Section 16, for the purposes of determining the number of employees off on leave shall apply. Those assigned to the PR shift shall be recognized as being on the card system and therefore entitled to receive card pay. The City CITY may, or may not at its management discretion, institute the above "D" Shift, however, no "D" shift shall be instituted prior to the March, 1992, shift changed. Upon mutual agreement the parties may exempt "D" Shift employees from the "card" system and place such employees on a set weekly shift of four (4) ten (10) hour days. AIR SUPPORT UNIT (AIR WING) All pilots and observers will be assigned to a 12-hour shift based upon a special card system. This is for the Air Support Unit only. It is the intent of this shift in hours to be a one-year trial period. This trial period will not exceed the duration of the current Labor Agreement. However, Police Management may cancel the 12 hours at any time upon giving two weeks notice to the affected employees in the Air Support Unit. Additionally, at the end of the trial period, or before, the parties may mutually agree to extend the Air Support Unit to 12 hour shifts for a longer period of time. PAGE 38P Any time an employee on such 12-hour shift takes annual, sick, or any other type of leave for his/her entire shift, such employee shall be debited 12 hours. (The exception being Sundays, when an 8 hours shift is worked in order to comply with FLSA guidelines regarding maximum hours worked. If such employee's ordinary day off falls on a holiday, he/she shall be paid according to the Union Contract - 8 hours of pay. Employees in the Air Support Unit working 12 hour shifts will not be required to work any supplemental hours contained in the Labor Agreement. The exact hours of the shift may be varied from time to time and shall be in the sole discretion of employment. Shift hours will not be changed unless such employees are given reasonable notice. Because of the card systems for the 12-hour shift, there will be times when employees on two different cards will actually work within the actual 24 hours of the holiday. When this occurs, any employee whose shift actually begins on the holiday or birthday will receive holiday or. birthday pay for all hours worked that shift. Employees who work a shift that does not begin on the holiday or birthday will not receive holiday pay. SECTION 5_ The shifts designated in Section 4 shall be staffed by Police Officers, Sergeants, Lieutenants, and. Captains on the basis of bids submitted by such employees to be effective on the first Sunday in March,and the first Sunday in September of each year on the basis of their seniority as defined in Article 10. except that subsequent to submission of bids. The CITY shall establish the time periods and manner of bidding. Prior to staffing the shifts, the Chief of Police Chief shall have the exclusive right of assignment (irrespective of the shift bidding process) of personnel and establishment of hours for the positions, of the Chief of Police shall have the exclu ive right of-assignment of personnel and establishment_of hours for the positions of: Lieutenant of Narcotic Unit; Lieutenant of Internal Affairs; Lieutenant of Project Management Unit Crime Analysis; Lieutenant of Training; Lieutenant of Inspections; Lieutenant of Domestic Services Unit; Lieutenant of Management of Called for Services. ` The CITY shall establish the time periods and manner of bidding. After the above 'positions have been staffed, the Chief of Police shall determine personnel assignments. The following exceptions apply: PAGE 39P Sergeants assigned. to UPB patrol area positions and UPB Administrative Sergeant positions shall bid for their positions based on their seniority within the group of sergeants assigned to these positions. Employees assigned to UPB sergeant's area positions shall bid for their work shifts as well as their positions based on their seniority within the group of officers assigned to these positions. During this process, Police Officers (no other ranks) have the opportunity to rebid their shift and bid their UPB sergeants areas simultaneously. The CITY shall establish the time periods and manner of bidding. On A and C shifts, a minimum of three (3) slots or 33%, whichever is less per Sergeant's areas may be filled by the CITY by assigning by seniority those employees who have completed four (4) years of continuous service or more. The Police Chief may under special circumstances vary the seniority bidding system on a case-by-case basis. The hours of designated sworn command persennel employees assigned to selected positions may be changed upon mutual consent of management and the affected sworn command officer employee based on the needs of that particular position. The change in hours request may be initiated by management or the affected sworn command officer employee. Any such changes agreed to shall only occur during the normal work week (Sunday through Saturday) and shall not carry over into another week. If a dispute arises between the affected sworn command officer employee and police management, the dispute will be resolved by the payment of overtime to the employee, not to exceed one and one-half times the actual hours worked beyond the employee's regularly scheduled shift. The use of the grievance process will not be used to resolve such disputes. Those sworn command officerG employees eligible for consideration for change in their ordinary work shift include: 1. All existing captains' positions. 2. Administrative assistants to the Chief and each Deputy Chief. 3. Training Commander. 4. Prevention Programs Commander. 5. Gang Unit Commander. 6. 5. Public Information Office Commander. 7. 6. Professional Standards (Lieutenant). 8. 7. Inspections Commander (Lieutenant). 8. Narcotics/Intelligence (Lieutenant). 9. Traffic Section (Lieutenant). PAGE 40P After the shift changes have been completed pursuant to the above bidding process, seniority-as-clefinArticle 10 shal�coalfo the assignment of Uniform Patrol Bur au (UPB) Sergeants to Patrol Sergeant's areas. Upon the completion of the bidding process in accordance with Article 10, a-review ef-t a ig nments will he made. In these Sergeant's-areas on A 7 � police offers have less than FFeu--(4)-years of o men, ea maxim„m of throe (3) slot:s or 44%� Tcever is less per Sergeant's areas may be filled by the City by assigning by v' senior ity those police officers who have completed fo„r (4) years of sere ice or- more. Therder-ef-the-assignments il-1-dherecre--to ttn rhTe seniority bidding process. Assignment of Uniform Patrol Brea„ ( IPB) Police Officers to. Patrol Sergeant's Areas on the "B" and "D" Shifts shall be done in accordance The Chief of Police may under special circumstances vary the seniority bidding system on a case by case basis. The City may provide a live forum at which officers may present their bids. Such live forum, as established by the CITY,shall be considered optional, and will not be considered hours worked, unlc s an officer is scheduled during their normal duty shift. When employees arc provided this opportunity during their duty shift, their supervisor should allow them to attend on-duty, if possible. However, if the officer is unavailable, his/her bid-sheet forzvrm`w 111 sserve-a-s- i rp Teref� nce bid for ho ors and sergeant's area. � Polic�mis rsrs i at FElast-feur-y f contin„oUS-Se cce, assigned to_A or C shift in the initial hid for hours and subsequently- assigned to I IPB of officers aJ ' , the "four-year rule" described in Section 5 of the current collective bargaining agreement. The CITY and POLICE UNION agree to meet in the spring/summer of 2000 to discuss and study the feasibility of a once a year shift change and job position transfer policy. This is in no way binding to POLICE UNION to agree to a once a year shift change or transfer policy. PAGE 41P The CITY shall provide a live forum at which officers employees at the rank of Police Officer may present their bids. Such live forum, as established by the CITY, shall be considered optional, and will not be considered hours worked unless an officer is scheduled during their • normal duty shift. When employees are provided this opportunity during their first shift, their supervisor should allow them to attend on-duty, if possible. However, if the officers Police Officer is unavailable, his bid sheet form or notarized proxy bid will serve as his preference bid for hours and sergeant's area. Police Officers with at least four years of continuous service, assigned to A or C shift in the initial bid for hours, and subsequently assigned to UPB patrol area positions may be restricted to A or C Shift within the group of Police Officers assigned to UPB patrol area positions, in order to comply with the "four-year rule" described in Section 5 of the current collective bargaining agreement. SECTION 6 Any vacancy (occurring because of retirement, death, promotion, voluntary or involuntary termination, or for any other reason) occurring in a shift between bidding dates shall be filled without the necessity of rebidding the shift affected. Such shift vacancy shall be filled by that employee who, at the last bidding date, was next in seniority to go to that now open shift position, and had bid that shift. That employee may decline the shift change and, in that event, the vacancy shall be filled by the next senior employee to have bid that shift at the last bidding date. The City CITY shall have the exclusive right to assign within the shift any employee who changes positions, pursuant to the above, between bid dates. Probationary employees are exempt from Sections 5 and 6 for the first twelve (12) eighteen (18) months of employment. SECTION 7 During an emergency as declared by the Chief of Police Chief, employee's shifts, hours, and duties may be established at the discretion of the Chief of Police Chief. SECTION 8 Any change in the work schedule that results in splitting days off shall be by mutual agreement of the City CITY and the Officer employee, unless said split days off apply to forty(40) hour department wide training and unless the provisions of Article 15, Section 7, are invoked. d '�I 9 D��r' g the 1995 shift changes, the- ies agree that management may o i-Tva-rFl� �rr�-rr� , Those positions designated for the ten (1-a) hour shift will be filled by volunteers. Officers Em+Io ees who volunteer for the ten (10) hour work eight (8) hour shift. This ten (10) hour day work schedule for "D" Shift Uniform Patrol and for all shifts of the "Management of Called for PAGE 42P Services" Unit will expire on the first Sunday in March 1996 unless extended by the parties' mutual agreement. SECTION 149 Officers Employees who are going to be transferred from non-uniform job assignment to a uniform job assignment shall be given a minimum of five (5) working days notice. SECTION.-1-10 1. Effective January 1, 1997, sworn eEmployees assigned a .I-2 schedule under the card system shall continue to work a 4-2 scheduling procedure and shall work a shift that is thirty (30) minutes longer than the shift previously assigned sworn employees working 4 2 shifts 8. hours 30 minutes. The additional thirty (30) minutes shall normally be worked, by • working fifteen (15) minutes prior to the eight (8) hour shift and fifteen (15) minutes at the end of the eight (8) hour shift. It is understood and agreed that the current fifteen (15) minute report in time is included within and not in addition to the fifteen (15) minute time added to the front end of a sworn employee's duty shift. It is understood that the supplemental thirty (30) minutes provided for herein is compensated by the base pay schedule, and no additional. compensation (either straight time or overtime) shall be paid for these thirty (30) minutes. Further, it is understood that the above division of such thirty (30) minute period between the beginning or end of a shift may be changed on a case by case basis because of special circumstances (training, special events, lead officer, etc.). A T nally the par ie derctand and agree that.the.c i.rrent practice of. e Paying "lead--o ficers„ e repeft— arty will be eliminated--T-Flyse ILead officers will still be required to report early within the adjusted provisions of this paragraph, however, the compensation for such time is henceforth included in the officer's regular employee's base pay. 2. Effective January 1, 1997, iln addition to the work schedule described in paragraph 1, each sworn employee working a 4-2 schedule shall work an additional twelve (12) hours per payroll year, referred to as "supplemental hours." 3. The manner and method for working the twelve (12) supplemental hours per payroll year provided for in the above paragraph 2 shall be determined by the management of the Omaha Police Department subject to the following conditions: A. If such assignment does not merge with the offiGerls employee's regularly scheduled shift, the supplemental hours must be in increments of four (4) or more hours, and the employee shall be given a minimum of fourteen 114) days notice unless said notice is personally waived by the employee. PAGE 43P B. If such supplemental hours merge with the sworn employee's regularly scheduled shift, they will be assigned in one (1) hour increments, if possible, but in no event shall they be scheduled in increments of less than thirty 130) minutes. An sworn employee shall be given a minimum of sixteen 116) hours notice (from the time such supplemental hours are to begin) of any supplemental hours unless this notice is personally waived by the sworn employees. C. The City CITY shall avoid scheduling supplemental hours of work on days off adjacent to or during pre-approved block leave and will make a reasonable effort to avoid scheduling supplemental hours of work on days off adjacent to any pre- approved leave days. The City CITY shall also make a reasonable effort to schedule supplemental work hours during employee's regularly assigned shift hours. If an officer employee is assigned to work a specific number of supplemental hours and the nature of the work requires that those hours be extended, such additional extended supplemental hours shall not be compensated as overtime, but shall be credited to the officer's employee's supplemental hours requirement. If the total hours worked exceeds the officer's employee's supplement requirement for the year, such extension shall be considered overtime and paid as such. 4. Sworn police personnel Employees entering the 4-2 plus day off schedule system on and after January 1, 1997, shall begin with a balance of extra hours of work due equal to one hour per month left in the year for any'month where at least sixteen (16) calendar days remain. Swore police personnel Employees leaving the 4-2 plus day off schedule system at any time during the year shall have their balance of supplemental hours of work due canceled. If any employee leaves the 4-2 plus schedule and has worked more supplemental hours than the number of months the employee was assigned to the 4-2 plus schedule, that employee shall be compensated for the supplemental hours worked in excess of the amount due. Payment shall be made at the rate of 11/2 times that employee's rate of pay as listed on the pay plan for the number of hours worked; however, if overtime hours were traded for supplemental hours, the pay back shall be at straight pay at that employee's rate as listed on the pay plan. 5. The twelve (12) supplemental hours provided herein in no way affect the number of hours an employee earns or uses for any leave, compensated or uncompensated. Sworn eEmployees shall not be allowed annual leave during work hours assigned pursuant to this Section. PAGE 44P 6. It is the understanding and intent of the parties that working supplemental time as provided for in this Section shall in no way affect the employee's compensation. If an employee is called in to work supplemental hours in an increment of one duty shift (eight hours) the employee shall work a shift which includes the thirty (30) minute supplemental time. Specifically, an sworn employee shall have eight . hours deducted from his/her supplemental time obligation for working a shift which is eight (8) hours and thirty (30) minutes in length. It is the understanding and intent that supplemental time worked on a holiday or other supplemental times worked which otherwise might result in additional compensation beyond eight (8) hours of straight base pay shall by virtue of this Section result in compensation for eight (8) hours. In those instances where supplemental hours are worked during a designated holiday, the employee's assigned compensation shall be increased only by an additional factor of 11/2 times his Of her designated regular compensation base pay. Specifically, when an sworn employee works a full supplemental duty shift (8 hours and 30 minutes) on a designated holiday such employee's total compensation for those hours worked shall be twelve (12) hours compensation base pay. 7. The parties understand and agree that in the event an sworn employee working a 4-2 schedule takes paid annual leave or sick leave or any other compensated leave for a full duty shift(s) shall be compensated on the basis of eight hours irrespective of whether the employee worked more than eight (8) hour duty shifts as a consequence of the implementation of this Section. 8. If an sworn employee utilizes compensated paid sick,, leave, compensated annual leave or other paid leave for a full duty shift that employee shall have deducted eight (8) hours from his/her accumulated bank of hours. 9. Officers Employees.have the option of declaring any earned overtime to be used toward owed supplemental hours owed at the rate of one hour of overtime (11/2 times the number of hours actually worked) for one hour of supplemental time. (For example: one hour worked as overtime equals 11/2 hours of straight pay or 11/2 of supplemental time, whichever. employee chooses.) Employees also have the option of declaring earned court time for two (2) court appearances per payroll year (Article 19, Section 2) to be used toward maximum of eight (8) supplemental hours. of the 11/2 hours worked. However, the officer employee must declare the overtime/court time referred to above to be used at the time the overtime/court time report was made and can only be used toward supplemental hours owed during the same payroll year. PAGE 45P ARTICLE 16 UNION ACTIVITIES SECTION 1 The UNION agrees that it will not at any time solicit membership or collect UNION dues, fees, or assessments of any kind, or distribute literature or any other type of printed material on CITY time or in CITY buildings or on CITY property. SECTION 2 However, it is agreed that the solicitation of members and distribution of UNION literature of a non-controversial nature will be allowed during one thirty-minute presentation to be made by UNION representative before to each new police recruit class. SECTION 3 The UNION shall have the right to address the employees at shift change assemblies within the following limitations: 1. approval must be granted by the City Police Chief in advance of the Union UNION addressing the employees; 2. approval will be granted a maximum of once every thirty (30) days; 3. such UNION address will be limited to a maximum of five (5) minutes. • PAGE 46P ARTICLE 17 OUTSIDE EMPLOYMENT AND EMPLOYEE DUTIES SECTION 1 OUTSIDE EMPLOYMENT WITHOUT UNIFORM: Employees shall be entitled to engage in outside employment, including employment or service as an appointed officer for any public body, with full police authority, including powers of arrest, which does not require the use of the official uniform as defined in the Department's rules and regulations and which is not otherwise prohibited by the provisions of this Agreement, provided that the duties of the outside employment do not constitute a conflict of interest nor conflict with an employee's performance of his duties with the City CITY of Omaha. The provisions of this Section shall be enforced by the Department Head Police Chief or his designated representative whose decision shall be final and binding and not subject to appeal or review by an arbitrator or Personnel Board. SECTION 2 OUTSIDE EMPLOYMENT WITH UNIFORM: Employees may be allowed to engage in outside employment, with full police authority, including powers of arrest, which does require the use of the official uniform as defined in the Department's rules and regulations and which is not otherwise prohibited by the provisions of this Agreement, provided that prior approval is obtained by the employee from the Chief of Police Chief. In the event an employment opportunity arises at such a time when it is impossible to obtain the prior approval required above and an employee desires to engage in outside employment, then, and only then, the duty captain a lieutenant or the person assigned in his stead may approve such employment. Such approval shall not be granted unless written request is made by the officer em•to ee desiring employment within there remains less than seventy-two (72) hours prior to the commencement of such employment, detailing the place of employment, duration of employment and type of employment; provided, that no approval shall be granted unless the employment shall conclude within forty-eight (48) hours after the employment is to commence. Provided further, that no approval shall be granted by the duty captain a lieutenant or his stead unless: 1) the job the officer employee desires has been previously approved by the Chief of Police Chief; or b) the nature or type of employment is that which has been previously approved by the Chief of Police Chief, which shall be determined by existing regulations. and procedures; or c) on short term notice, the duty captain a lieutenant may authorize any outside employment not in conflict with the CITY. The regular procedure for approval must be utilized where the employment is continuing after 48 hours from commencement or the officer employee has more than seventy-two (72) hours notice. The provisions of this Section shall be enforced by the Department Head PAGE 47P Police Chief or his designated representative whose decision shall be final and binding and not subject to appeal or review by an arbitrator or Personnel Board. SECTION 3 EMPLOYMENT IN TWO OR MORE DEPARTMENTS: No employee shall be employed simultaneously by two (2) or more departments of the.CITY when the total number of hours worked exceeds the normal work week in either department. PAGE 48P ARTICLE 18 CITIZEN COMPLAINTS SECTION 1 For the purpose of this Article only "private citizen" is defined as an individual not in the employ of the Omaha Police Department and "formal complaint" is defined as a report by a private citizen alleging misconduct by an officer employee against that citizen while the officer employee is engaged in his official police duties. SECTION 2 A private citizen who desires to file a formal complaint against an police officer employee shall be required to sign and attest a formal complaint form specifying the misconduct of the officer employee in the presence of a command officer or an Internal Affairs officer of the Omaha Police Department. SECTION 3 The Police Department will receive, and is not precluded by the above from receiving, information or other complaints on an informal basis. Third party complaints will be received as information and processed on an individual basis. SECTION 4 This Article is not subject to review under Article 7, APPEAL PROCEDURE. SECTION 5 Upon assignment of discipline, and prior to appeal of said discipline, the Union UNION president and/or his/her designee, shall be allowed to review the entire Internal Affairs report including transcriptions of all interviews, transcriptions of all audio tapes, all video tapes, and all documentation used during the investigation. ARTICLE 18a POLICE OFFICERS' EMPLOYEES' BILL OF RIGHTS All employees within the Bargaining Unit shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights" which shall be added to the present Rules and Regulations of the Omaha Police Department. The rights and procedures contained herein shall not apply to any criminal investigations. A. The Omaha Police Department will not solicit any formal citizens' complaints against any officer employee; solicitation shall not be construed to mean any follow-up of a third-party complaint or follow-up of first-party complaints. PAGE 49P B. An officer employee shall not be subjected to any offensive language, nor shall he be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his resignation, nor shall he be intimidated in any other manner. No promises or rewards shall be made to the employee as an inducement to answer questions. C. An accused officer employee shall be informed of the nature of the investigation and shall receive a copy of the written formal citizens' complaints against him at least twenty-four (24) hours prior to his formal interrogation by the Police Department. This twenty-four (24) hour period may be waived if the complaint alleges intoxication or drug incapacitation during on duty status. The accused officer employee shall be permitted to have either his choice of an attorney or mien UNION Official or both present during the interrogation. Should the officer employee not be able to obtain and consult with a Union UNION representative, the officer employee may be granted an additional 24 hours, or less, by the Internal Affairs Lieutenant. The officer employee being interrogated shall be made aware of the fact that any statement made may be used by the Department as part of the investigation. If the Department chooses to tape record any portion of the proceedings, it must record the entire proceedings and the officers employee shall be made aware that a recording is being made. The only tape recording of proceedings allowed shall be by the investigating officer employee. The only tape recording of the investigative interview allowed shall be by the investigating employee. Should any disciplinary action be taken as a result of this investigation, the CITY will provide, at the employee's request, a complete duplicate recording of his taped interview and a transcript. If, during the course of an interview, a witness officer employee reasonably believes that he/she may become the target of an investigation which could result in disciplinary action, such officer employee may request U-niorn UNION representation and 24-hour notice as well as other rights afforded under Article 18(a). The Internal Affairs investigator will document the request by the witness officer employee and use his/her sole discretion whether to complete the interview. Prior to being interviewed such witness officer employee shall be advised, in writing, of the above. D. If an officer employee is being investigated and interviewed by superior officers in his section because of an internal infraction, the following procedure must be followed. PAGE 50P If the result of the investigation which shall be completed before the termination of the duty day shows that the discipline to be recommended by section supervisor(s) will be greater than a written reprimand, the continuing investigation shall be performed by the Internal Affairs Unit or the Professional Standards Commander. When the investigation is being conducted by Professional Standards or the Internal Affairs Unit, the officer employee will be afforded the protections outlined in Sub-Section (C) of this aArticle. E. The interrogation shall be conducted at a reasonable hour, preferably at a time when the officer employee is on duty, or during the normal waking hours for the police officer employee. If such interrogation is conducted during off-duty time, the police officer employee shall be compensated in accordance with regular overtime procedures. F. The police officer employee shall be informed prior to the interrogation of the name and rank of the person in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the officer employee under interrogation shall be asked by only one interrogator at one time. G. 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 his own personal physical necessities, telephone calls, and rest periods, with one ten (10) minute intermission every hour. H. Each officer employee involved in an investigation shall be given a form or card outlining the expressed language and protections in Article 18 prior to questioning. I. Unless agreed to by the officer employee, the City CITY shall not divulge the reason for any disciplinary action that is not appealed beyond the Personnel Director. The City CITY shall make every reasonable effort to insure that no officer'G employee's home address, home telephone number or photograph of the officer employee which the City CITY may possess, is released to the news media, or for public consumption. Should it be determined that this information was released, this, in and of itself, shall not be reason for change, in any fashion, of the disciplinary action that was imposed. However, if it is determined that this information was released by a City CITY employee, that employee shall be disciplined in accordance with appropriate rules, .U-rn-ion UNION contracts, the City CITY Charter and City CITY Code. J. In the event that the procedures set forth in this Section and Article, (excluding Sub-Section I), are not followed, the charges against the officer employee will be dismissed without prejudice. PAGE 51P K. All rights provided in this Article shall apply to the second and subsequent interview of the accused officer employee regarding the same investigation. ARTICLE 18b RELIEF FROM DUTY: Relief from duty may be used in limited circumstances. An officer employee may be relieved of duty under the following circumstances. A. An officer employee scheduled to go on duty or is on duty and the officer employee is physically or mentally incapacitated to the extent that in the opinion of his superior it would be unsafe to allow the officer employee to go on duty or continue on duty. B. An officer employee is scheduled to go on duty or is on duty and some matter comes to the attention of his superior which in his opinion is of such serious nature that would warrant his being removed from duty. C. Relief from duty is a temporary situation and there is no loss of salary or benefits during this period. PAGE 52P ARTICLE 19 ATTENDANCE IN COURT, CONFERENCES, AND OTHER MEETINGS SECTION 1 Attendance in court or before an administrative tribunal in connection with an employee's officially assigned duties, the performance of other authorized duties in connection with CITY business or authorized attendance at a trade or professional meeting which relates directly to official CITY business during his duty shift shall not be considered leaves of absence. Any employee who is officially authorized to attend such functions or meetings shall be paid at his regular base rate of pay for the period of attendance. SECTION 2 If an employee is required to attend County Court, District Court, or United States District Court during his off-duty periods, he shall be compensated at a minimum of four (4) hours straight time or one and one-half (1 1/2) times the number of hours, for actual time and attendance, whichever is greater. If an employee is required to attend a Personnel Board hearing without the issuance of a subpoena or with or without forty-eight (48) hour notice, during off-duty periods, he shall be compensated at a minimum of two (2) hours straight time or two (2) times the number of hours, for actual time and attendance, whichever is greater. If an employee is required to attend a Personnel Board hearing through the issuance of a subpoena or by the giving of forty-eight (48) hours notice or other meeting directly related to his official duties, during his off-duty periods, he shall be compensated at a minimum of two (2) hours at straight time or one and one-half (1 1/2) times the number of hours, for actual time and attendance, whichever is greater. SECTION 3 Employees who voluntarily or who are ordered to attend training seminars, workshops, or schooling outside the City of Omaha shall be paid at their regular base rate of pay while in attendance at such functions and shall not be entitled to overtime, call-in, or any minimum hours of pay. SECTION 4 The CITY shall give all officers employees notice of any schooling or training available. SECTION 5 In the event an officer employee is required to or voluntarily accepts an assignment, requiring the officer employee to attend and give testimony before any court or quasi judicial tribunal more than one hundred miles from the corporate limits of the City of Omaha such officer's employee's hours/work shifts may be changed or adjusted (P0-45) to accommodate his/her travel and attendance. Conversely, if under such circumstances attendance is required, or voluntarily accepted, before a court or quasi judicial tribunal less than one hundred miles from the corporate limits of PAGE 53P the City of Omaha such officer's employee's hours/work shifts will not be changed or adjusted without the voluntary consent of the officer employee. SECTION 6 In the event an officer employee is assigned to or voluntarily accepts the responsibility for traveling outside the limits of the City of Omaha for the purposes of taking custody of a prisoner and such destination is more than 100 miles from the corporate limits of the City of Omaha, such officer's employee's hours/duty shifts may be changed to accommodate this assignment. Conversely, if the officer employee is assigned to or voluntarily accepts the responsibility for traveling to a location to take custody of a prisoner when of Omaha, such officer's employee's hours/duty shifts will not be adjusted for the purposes described herein without the voluntary consent of the officer employee. SECTION 7 That effective immediately aAny voluntary training attended by an police officer employee may serve as the basis for adjusting or changing that officer's employee's hours/duty shifts. SECTION 8 Nothing contained herein shall allow the splitting of days off unless same is the subject of a mutual agreement by and between the City CITY and the police officer employee involved. The Police Administration shall notify the U-n-ion UNION of an agreement reached pursuant to this paragraph. SECTION 9 For the purpose of this aAgreement, Temporary Duty Assignment (TDA) is defined as assignment todutyshift other than the employee's g any regular duty shift. Any affected employees duties on TDA, whether by assignment, employee consent, or mutual agreement, shall not include appearance in court or administrative tribunals. Nor will the affected employee be directed to perform enforcement, investigative or administrative duties. The City CITY may assign any employee to a temporary duty assignment TDA consisting of one (1) continuous eight (8) hour shift in a calendar month for the purpose of attending meetings. The City CITY shall provide the employee not less than three (3) days notice, and shall not assign any employee to temporary duty assignments more than four (4) times in a calendar year. With the consent of the employee, the City CITY may assign any employee to a temporary duty assignment TDA of two (2) days, each consisting of one (1) continuous eight (8) hour shift, within a calendar month. The CityCITY mayassign anyemployee to a-ten porar�i duty asses ent 9y""'•"'• TDA exceeding the two (2) day limit only with the express consent of the employee and the Union UNION. PAGE 54P ARTICLE 20 HOLIDAYS SECTION 1 New Years Day Martin Luther King's Birthday President's Day Arbor Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day The Friday immediately following Thanksgiving Day Christmas Day Employee's Birthday The Mayor and President of the Omaha Policc Union UNION will meet and determine the specific calendar days for the above. SECTION 2 For those employees working under a card system, or the scheduling set forth in Article 15 - Section 10, the holidays shall be observed in accordance with Section 1 hereof. For those employees who do not work under the card system, whenever a holiday falls on a Sunday, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. SECTION 3 SECTION 3 All work performed on any observed holiday shall be compensated for at the rate of one and one-half (1 1/2) times the actual number of hours worked on such holiday; +ln addition to holiday pay wh ich shall constiti ate night (8) hou rs of a days pay at straight time of the employee's base rate of pay at the time of the observed holiday. an employee shall also receive his straight time pay for the day worked on the observed holiday. SECTION 4 Whenever a holiday, except birthday holiday, occurs during an employee's regularly scheduled day off, such employee shall receive compensation for the holiday on the basis of eight (8) hours of pay at straight time at the employee's base rate of pay at the time of the observed holiday. Whenever an employee's birthday holiday falls on an employee's regularly scheduled day off or on another recognized holiday then the employee shall observe either the preceding or subsequent regularly scheduled work day as the birthday holiday. PAGE 55P SECTION 5 Whenever an observed holiday falls during an employee's authorized leave, such observed holiday shall not be charged against the employee's authorized leave; provided that the employee shall not be compensated for the observed holiday in accordance with the provisions of Section 4 hereof. SECTION 6 Employees who are absent without leave on the work day immediately preceding or following the observed holiday shall not be entitled to holiday pay or other provisions of this Article.. Any suspension made under the provisions of this Agreement shall be treated as absence without leave under this Section. Any employee who is on Injured on Duty status on the date of the observed holiday shall receive holiday pay. SECTION 7 Effective with the execution of this Agreement in 1995, aAll personnel employees not assigned to Uniform Patrol shall be required to work the following eight (8) holidays per year unless leave is granted pursuant to normal procedures: Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Arbor Day Columbus Day Veteran's Day Day after Thanksgiving SECTION 8 Effective with +he signing of his�greem nt 995, eOnly probationary officers employees may�b�Je directed V not to work a regularly scheduled holiday. PAGE 56P ARTICLE 21 OVERTIME AND CALL-IN PAY SECTION 1 For employees normally working an 8-hour day, Wwork performed by employees in excess of eight (8) hours per day shall be compensated at the rate of one and one-half (1 1/2) times for number of hours worked in excess of eight (8) hours per day and in excess of the normally scheduled work week. For employees working the card system as set forth in Article 15, Section 10, work performed by an employee in excess of 8 hours 30 minutes shall be compensated at the rate of one and one-half (1 1/2) times for number of hours worked in excess of 8 hours 30 minutes per day and in excess of the normally scheduled work week. For employees normally working an approved 10 or 12-hour day, work performed in excess of 10 or 12 hours respectively shall be compensated at the rate of one and one-half (1 1/2) times for number of hours worked in excess of 10 or 12 hours respectively per day and in excess of the normally scheduled work week. For the purposes of this Agreement, this Article shall be in a ne of eight (8) hey pro per day and also for hours in excess of- the Overtime shall not be paid twice for the same hours worked. Holidays (not worked) and paid leave time shall not be considered hours worked for the purpose of overtime, however annual leave, sick leave, and funeral leave shall be considered as hours worked for the purpose of overtime. SECTION 2 If an employee is called to duty during his off-duty time and such duty time does not merge with his scheduled tour of duty, such employee shall be paid for a minimum of four (4) hours at the rate of straight time or one and one-half (1 1/2) times the actual number of hours worked, whichever is greater; provided, however, that the provisions of this Section shall not apply where leave has been cancelled pursuant to the provisions of Section 9, Article 13. Call-in pay is applicable only when the officer employee must actually report for duty to somewhere other than his/her home residence. Call-in pay shall not be paid for work performed by simply using the telephone from a location other than the worksite. All call-in pay must be ordered and approved by the employee's supervisor. SECTION 3 In calculating overtime pay, the following rules shall apply: If an employee works less than eight(8) minutes of overtime, he/she shall not receive any compensation for overtime. If an employee works eight 18) minutes of overtime, and less than 23 minutes of overtime, he/she shall receive overtime pay of 15 minutes. If the employee works 23 minutes or more, but less than 38 minutes of overtime, he/she shall receive overtime compensation of one half ('/2) hour. If the employee works 38 minutes or more of overtime, but less than 53 of overtime, he/she shall be compensated for 45 minutes of overtime. If the employee PAGE 57P works in excess of 53 minutes to one (1) hour, he/she shall be compensated for one hour of overtime. SECTION 4 Employees may be temporarily assigned to duty shifts other than their regular duty shifts for the purpose of in-service training and shall not receive call-in pay; provided, however, that notice be given at least three (3) working days in advance of the required reporting time. SECTION 5 Each employee shall receive from the Police Department a copy of all overtime slips or other such documentation presented by that employee within fourteen (14) days of the overtime worked. PAGE 58P ARTICLE 22 ALLOWANCE FOR CLOTHING SECTION 1 Each plain-clothes employee who during a monthly payroll period has received compensation from the CITY for work performed or utilization of paid leave shall receive an allotment for the purchase and maintenance of personal items of clothing and equipment as prescribed by the CITY, provided that the CITY shall furnish and maintain all other items of clothing and equipment. Effective upon the institution of Section 7, below, tThis allotment shall be thirty two dollars and fifty cents ($32.50) per month.-, to be paid in equal increments coinciding with the employee's pay periods. After December 22, 2001, the monthly allotment shall increase to $40.00 per month to be paid in equal increments coinciding with the employee's pay periods. SECTION 2 If there is a termination of employment, the uniform allotment provided in Section 1 hereof shall be paid on a pro-rata basis for compensated hours during the payroll period for work performed or utilization of paid leave. SECTION 3 Payments made pursuant to the provision of the Nebraska Workmen's Compensation Act, payment at termination of accrued vacation leave, and payment at termination of earned compensatory time shall not be considered compensation for work performed or utilization of paid leave within the meaning of this Article. IOD payments shall be considered compensation within the meaning of this Article. SECTION 4 Any police officer employee whose official authorized uniform listed below in Section 8 is damaged or lost in the line of duty while on duty shall have same replaced by the CITY. The terms of this provision shall apply only to official authorized uniform and equipment. If such uniform item's actual cost exceeds the cost of the City CITY issued equivalent, such item shall be replaced at the cost of the City CITY issued item, except for flashlight which shall be replaced up to $60 or the actual cost to the officer employee, whichever is less. Flashlights will be replaced maximum of once during any 12 month period. For any replacement, officer employee shall be required to furnish purchase receipt. Any other item of uniform or equipment damaged or lost in the line of duty while on duty (including cycglasscs and watches) shall be replaced by the City CITY, however, no replacement shall exceed $125.00 per item except that eyeglasses shall be replaced or repaired not to exceed Two Hundred - Fifty Dollars ($250) per pair. Replacement or repair of an employee's revolver shall be up to, but not exceed, Five Hundred Dollars ($500). The terms of this Section shall also apply to civilian clothing for C.I.B. personnel. PAGE 59P SECTION 5 The City CITY and the Union UNION shall mutually establish a Uniform and Equipment Committee consisting of five (5) members; two (2) appointed by the U-eioe UNION President, two (2) appointed by the Police Chief, and one appointed by mutual agreement. The Committee shall meet monthly, or as the Committee deems necessary. The Committee shall be advisory in nature and shall research and evaluate selected items of interest, and advise concerning rules and regulations on uniforms and equipment. The Committee's purpose shall be maintenance of standards of safety for the police officer employee. The Uniform Committee shall keep up to date and furnish the Union UNION and the City CITY with a complete product list of all authorized or optional uniform wearing apparel, service revolvers, leather goods, and body armor. The list shall include manufacturer and product name, address, phone number, and manufacturer suggested "wear out" period. For each item where information is not available, it shall be so indicated. The City CITY, in its efforts to provide this information is merely passing on manufacturer's information, and this in no way implies any warranty or guarantee of such items on the part of the City CITY. The product list shall be sent to the President of the Union UNION and the Chief of Police Chief by 30 June of each year and will be updated each time a new item is authorized for purchase. SECTION 6 The City CITY shall continue to provide a list (by make and model) of semi-automatic, double action weapons which shall be approved, as optional equipment, for use as employee's service revolver. The City CITY shall maintain such list and shall have the right, from time to time, to add weapons to the list. It is understood that the entire cost for obtaining and maintaining such optional weapon (cost of weapon and appropriate clips magazines all ammunition - except street ammunition; and cost of upkeep) shall be borne solely by the employee. The CITY shall provide the ammunition for rifle certification and ' it' recertification. The City's obligation to provide this rifle ammunition limited to 300 rounds per certification or recertification attempt. SECTION 7 Current eEmployees shall not be entitled to any new issue of uniform except by way of replacement of non-serviceable items of uniform which shall be replaced on an exchange basis. Any determination as to serviceability and fair wear and tear shall be made by the Chief of Police Chief or his designee utilizing the manufacturer suggested wear out period and maintenance of standards of safety and appearance for the Police Department. SECTION 8 Uniform shall consist of hat, shirt, tie, and O.P.D. patches, trousers and body armor, belt, utility belt which shall include, holster, ammunition carriers, street ammunition, cuff pouch, mace and mace pouch, baton and baton ring, portable radio carrying case, boots or shoes (one pair per year PAGE 60P unless replaced pursuant to Section 4, above), riot helmet, one winter coat, rainhat and raincoat, and flashlight. SECTION 9 The uniform for sworn personnel employees who are newly employed after Section 7 is in effect shall consist of shall be provided by the CITY to include: hat, ties, two summer and two winter shirts with O.P.D. patches, two trousers and striping, body armor, belt, utility belt which shall include holster, ammunition carriers, street ammunition, cuff pouch, handcuffs, mace and mace pouch, baton and baton case, portable radio carrying case, boots or shoes, riot helmet, winter coat, rainhat and raincoat, training cap, two 12), utility training uniforms, sweatshirt and sweatpant, and flashlight. Body armor may be upgraded to a higher priced model with additional expense being the responsibility of the requesting employee. Ballistic capabilities must be equal to or exceeding minimum department standards. Upon expiration of manufacturers warranty or termination of employment, body armor shall be turned over to the police supply unit. PAGE 61P ARTICLE 23 INSURANCE HEALTH CARE SECTION 1 Health Care Benefit: The City CITY of Omaha shall provide single or family group insurance health care coverage for medical-surgical, including major medical benefits to employees and covered family members;. and shall pay the insurance premium thereof for individual employee-coverag c has obtained family co erage or ppa s eyrat o rage for his ir--hespo �dGsr the provisions of the group benefit plan, then the CITY shall pay 100°10 of the cost per month toward such coverage. The insurance health care coverage provided herein shall commence on the first day of the month following employment, provided that the employee has completed and submitted to the Personnel Department the insurance application forms required by the carrier. The insurance health care benefits provided herein shall be substantially similar to the benefits provided under Nebraska Blue Cross-Blue Shield "Usual and Customary" policy as said policy exists on the effective date of this Agreement, a summary of which is attached as Appendix "C". The CITY shad-also provide and pay 100% of the present cost for Policy for each employee. HEALTH INSURANCE: In-patient Hospital Precertification: aAll in-patient hospital admissions must be certified:, pPlanned admissions must be certified in advance;. eEmergency admissions must be certified within 24 hours of admission or as soon as medically possible. The penalty for failure to certify is $500 of the hospital charges. Hospitalizations beyond the certified number of days must be recertified. If the hospitalization is recertified, there is no penalty;_ tThe penalty for hospitalization past certified number of days without recertification: insurance coverage is a reduction reduced by 50% of both physician and hospital charges. Hospital certifications (and recertifications) shall be phoned in to a telephone number provided each employee on his/her I.D. card. The employee or any person on his/her behalf (e.g., spouse, nurse, doctor, hospital personnel) may precertify. Any disputes regarding precertification or recertification in a particular case may be presented to the City's CITY'S Disputes Committee. PAGE 62P Prescription Coverage: The CITY agrees to institute an employee "prescription card" plan. The parties agree that such plan will include: 1. Each employee will be issued a card which will allow the employee or covered family members to purchase prescriptions by paying, at the time and site of purchase, 20% of the cost of each prescription after said employee has met a yearly deductible. 2. The yearly deductible shall be $60.00 for single or family. The prescription deductible and co-payment are separate and distinct from the health insurance deductible and co-payment, except that prescriptions dispensed in hospital shall be applied to the health insurance deductible and co-payment. 3. Unless specifically required by the physician, generic drugs will be dispensed whenever possible. 4. The card will be valid at the majority of pharmacies in the Omaha area, however, it is understood that some pharmacies may not participate. In order to be covered for in-City charges, the employee must use a participating pharmacy. 5. After an employee has expended $500 after payment of deductible (i.e., 20% of $2,500 post-deductible prescription expenses) in a given calendar year, the card will allow the employee to obtain prescriptions at a flat rate of $3.00 per prescription. 6. It is understood that the employee percentage cost per prescription may be higher when prescriptions are purchased outside the City if participating pharmacies are available. Additionally, the employee will be required to pay the total cost and then seek reimbursement through a claim filing process. 7. Covered persons who require medication(s) for an extended period of time (in excess of thirty days) may be required to purchase such medications from a designated dispensary throuqh the U.S. mail. HEALTH CARE PREMIUM Effective January 1, 1993, Health care premium: tThe health insurance care benefits designated in Appendix C shall be dependent upon payment of a premium (via employee paycheck withholding ) as follows: PAGE 63P Family coverage:Eleven percent (11%) of the last calendar year's per capita cost per month for employees, (excluding IOD cost); Single coverage: One-half (1/2) of the amount paid for family coverage. The above premium shall be paid through May 31, 2001. After that date active employees will no longer be required to pay any premium. Employees who retire between June 1, 1993 and May 31, 2001, after the effective-date of such premium and who are provided health insurance coverage pursuant to Article 30 of this Agreement will continue to pay the same percentage premium as outlined above. The actual dollar amount will continue to vary (up or down) based upon the preceding year's per capita cost for sworn active employees. SECTION 52 DENTAL INSURANCE BENEFIT: The City CITY shall provide single dental coverage for the employee, and shall pay 75% of the cost of the premium for family dental coverage if the employee elects such coverage. The employee shall have the right to select the City's CITY'S dental plan or the Omni HMO Plan, however the City's CITY'S premium obligation for the wily HMO plan shall not exceed the amount of the premium for the City CITY plan. Under the City CITY plan the limits of the benefits shall be: orthodontic dental work - $472-00 Two Thousand Dollars ($2,000) per person covered per lifetime; non-orthodontic dental work - $1,000 per person, per calendar year. Employees shall be given a two (2) week period in November of each year, as designated by the City CITY Personnel Department, to change dental programs. No further changes between plans will be then allowed until the following November. Such changes will go into effect January 1 of the following year. SECTION 3 Life Insurance Benefit: The CITY shall also provide a $20,000 Group Term Life Insurance Policy for each employee. Effective December 23, 2001 the Group Term Life Insurance benefits shall increase to Forty Thousand Dollars ($40,000) per employee. SECTION 04 An officer employee may decline to pay such premium and thereby decline City CITY coverage only if he/she has in full force and effect equivalent health insurance coverage from another source. The City CITY shall be the sole judge in determining equivalency and such decision shall not be appealable by grievance or any other legal action. If an employee covered by this Agreement is married to another employee covered by this Agreement or another City CITY employee, such covered PAGE 64P employee may decline to pay such premium and rely on spouse's policy for family coverage. However, it is understood that in such a situation benefits would only be paid up to the limits of that one policy. Employees who retire after the effective date of such premium and who Agreement will continue to pay the same percentage premium as they to vary (up or down) based upon the preceding year's per capita cost. SECTION 25 The CITY shall not be responsible for providing any life, Of health or dental coverage referred to in Section 1 this Article for any employee who within any calendar month has not received any compensation from the CITY for work performed or utilization of paid leave (except as provided in Article 13, Section 15), except as provided under the Family Medical Leave Act or COBRA. Payments made pursuant to the provisions of the Nebraska Workmen's Compensation Act, payment at termination of accrued vacation leave, and payment at termination of earned compensatory time shall not be considered compensation for work performed or utilization of paid leave within the meaning of this Article Section. IOD payments shall be considered compensation within the meaning of this Article Section. SECTION 36 If an employee for whom the CITY is not providing life, Of health or dental coverage by virtue of the provisions of Sections 2 4 and 5 desires to continue such coverage, if available, it shall be the responsibility of the employee to make the necessary arrangements ,with the i s;ran,, ;T;e-r for coverage in accordance with the terms and conditions prescribed by the carrier, or CITY, at the employee's cost. SECTION 47 If an employee for whom the CITY is not providing life, Of health or dental coverage by virtue of the provisions of Sections 3 4 and 5, becomes re-eligible for coverage by with the CITY such coverage shall commence at such time as coverage is provided in accordance with the prescribed terms and conditions of the group carrier policy, or if the employee has maintained such coverage at his own cost at such time as the employee becomes re-eligible for such coverage. SECTION 68 The City CITY and Union UNION shall study and make recommendations on reducing the City'e CITY'S cost of health coverage. The committee will review the present hospital and medical insurance program and determine modifications needed to reduce the cost of health care to the City CITY. PAGE 65P The joint committee shall be made up of six (6) members: the Chief Negotiator for the Unio UNION, the Labor Relations Director, two members from the Union UNION negotiation team and two from the City CITY negotiation team. SECTION 9 The City CITY shall provide officers employees subject to "street duty" with Hepatitis and Tuberculosis vaccinations. The vaccination program shall include all medically necessary vaccine and follow-up; it shall be given on the employees' off duty time; and it shall be provided at the employee's option. The City CITY will select the provider at it's sole option. SECTION 8 Effective with the signing of this Agreement in 1995, e SECTION 1.0 Effective December 23, 2001, the current lifetime maximum healthcare payment of One Million Dollar ($1,000,000) per plan member will be increased to Two Million Dollar ($2,000,000) per plan member. SECTION 11 Effective June 1, 2001, coverage for corrective eye surgery is eliminated as a covered benefit for the subscriber's dependent. Effective June 1, 2001, all fertility procedures and fertility drug coverage is eliminated as a covered benefit for the subscribers and their dependents. SECTION 12 The family of any sworn employee who dies while on duty during the performance of his official police duties shall be provided health care and dental coverage by the CITY consistent with those benefits provided by this Article. Said health insurance benefits are hereby provided to the surviving spouse and dependent children of any sworn . employee qualifying under this Section by virtue of a work related death, as described hereinabove, occurring on or after the effective date of this Agreement. Provided, that said health benefits (1) for any surviving spouse qualifying under this Section shall cease upon his/her remarriage or the attainment of age sixty-five (65) or whatever age of entitlement to Medicare as set by Federal Law, whichever event comes later. In the event the spouse of the decedent does not qualify for Medicare, the health insurance coverage provided herein shall cease upon the surviving spouse's 65th birthday; and (2) for any dependent children shall extend through age nineteen (19) or through age twenty-three (23) so long as such children are full time students. SECTION 13 Effective June 1, 2001, the current coverage will be changed to a Base/Major Medical Plan with a Preferred Provider (PPO) network component. PAGE 66P For Base Services (inpatient care, and inpatient or outpatient surgeries), when services are received by a BluePreferred provider, there will be no deductible or coinsurance required from the covered person. For Major Medical services, there will be a $100 Deductible and 20% Coinsurance requirement, up to a Deductible and Coinsurance Limit of $500 _per person--per calendar year. When services are received by an out-of-network (non-Preferred) provider, a $300 deductible and 20% coinsurance will be applicable to all services. The Deductible and Coinsurance Limit for the non-PPO services will be $1,000 for an individual and/or $2,000 a.gregate per family per calendar year. Effective December 23, 2001, the major medical coinsurance limit shall be $500 per person, per calendar year with family aggregate of twice the individual amount. PAGE 67P ARTICLE 24 INJURIES IN THE LINE OF DUTY - TEMPORARY DISABILITY SECTION 1 Any employee who is a member of the Police and Fireman's Pension Retirement sSystem who shall sustain injuries or sickness, arising out of and in the course of his employment which are of such a character as to unfit him temporarily, for active duty, shall be paid his full base salary pay for the period of such temporary disability, but not to exceed three hundred sixty-five (365) calendar days for each such injury or sickness. and In addition thereto, the CITY shall pay such medical, surgical and hospital expenses as may be incurred as a result of the injury or sickness, but the salary and other benefits, being in excess of benefits under the Workmen's Nebraska Workers' Compensation Act, shall be in lieu thereof. PAGE 68P ARTICLE 25 LIMITED DUTY SECTION 1 Employees who by virtue of accident, injury or sickness, are unable to perform their regular assigned job duties and are on authorized leave or injured on duty status in excess of three (3) working days may be required by the Chief of Police Chief, or his designated representative, to return to work to perform such limited duties as assigned and designated by the Chief of Police Chief, or his designated representative; provided, however, that there is a doctor's certificate evidencing the employees' abilities to perform such limited duties. Each such incidence of limited duty shall not exceed one (1) calendar year from date of such accident, injury or sickness. SECTION 2 Seniority, as defined in Article 10, shall be inapplicable in all respects to any employee required to return to work under the provisions of this Article. SECTION 3 The provisions of this Article shall not be subject to appeal or review by an arbitrator, Personnel Board, or any Court of Law. PAGE 69P ARTICLE 26 UNION BUSINESS SECTION 1 U-niern UNION representatives, not exceeding five (5) in number, shall be entitled to participate in functions relative to the operation of this Agreement or to attend Union UNION functions. Leave with pay for the purposes recited in this section shall be limited to a total of 1,000 hours for all Union UNION representatives per contract calendar year. SECTION 2 Members of the Union UNION negotiating team, not exceeding 3 seven (7) in number, will be carried on Special Duty when while actually engaged in negotiations with the City CITY. During negotiation years, the UNION may be granted additional UNION leave in 100 hour increments by the Chief of Police. SECTION 3 U-nion UNION officials, not exceeding four (4) in number, shall be permitted to take leave without pay for the purpose of attending Union UNION functions or to participate in functions relative to the operation of this Agreement. SECTION 4 The City CITY will assign the President of the Union UNION to the "B" shift (with his consent) without regard to Article 10, Seniority, during the duration of his presidency. SECTION 5 In addition to the number of hours granted for Union UNION leave above, the U-niorn UNION is hereby granted an additional 200 Union UNION leave hours per calendar year to be designated as "hardship hours." These hours may only be utilized by the Union UNION if they are used by an employee who has an insufficient number of hours of leave to cover a hardship situation. The granting of such hours shall be upon mutual agreement of the Union UNION president and the City CITY Labor Relations Director, who shall establish a criteria for the granting of such hours. PAGE 70P ARTICLE 27 SAFETY COMMITTEE The CITY and the UNION agree jointly to establish a safety committee consisting of five (5) members. Said Committee shall be composed of two (2) representatives designated by the UNION, the Chief of Police Chief or his designee, the CITY Labor Relations Director., or his designee. The fifth (5th) member shall be elected by majority vote of the aforementioned individuals. This committee will meet one time a month, providing that upon a majority vote the next meeting may be cancelled on a month-to-month basis. The recommendations of the Safety Committee will be forwarded to the Mayor and the Chief of Police Chief. PAGE 71P ARTICLE 28 LONGEVITY SECTION 1 Each employee who during a biweekly payroll period has received compensation from the CITY for work performed or utilization of paid leave shall receive longevity pay in addition to their his regular base salary pay on the basis of the following schedule;, except fFor those months that contain three (3) pay period ending dates, no }longevity shall be paid on the thra--pd pr aype --io of that spc e -mo The employee shall be paid in equal increments, coinciding with the pay periods. Effective December 29, 1996, the schedule for longevity will be as follows: 7 11 years $ 50.00 per month 11 21 years $ 80.00 per month 21 years and over $120.00 per month Effective December 27, 1998, tThe schedule for longevity will be as follows: 7+ years to 1.8% of top police officer Police Officer base pay ($68.71/month for 1999) 11 1+y S to 7 8% of tQp--police—officer=-Polio-l7-Yfr -base-pay ($106.93/month for 1999) {� t „ears to 3 5% of +on — ee� n eofficPolice Oiiicer base--pay ($133.66/month for 1999) + ye-ars—tv-4 2% of top—pefice officer Police Officer base pay ($160.39/month for 1999) 21+ years to 1.8% of top police officer Police Officer base pay ($183.30/month for 1999) For 7+ years, 2% of top Police Officer base pay totalling $37.06 per pay period for 2001 ($963.65) $38.56 per pay period for 2002 ($1,002.49) $40.19 per pay period for 2003 ($1,044.99) For 11+ years, 3% of top Police Officer base pay totalling $55.60 per pay period for 2001 ($1,445.48) $57.84 per pay period for 2002 ($1,503.73) $60.29 per pay period for 2003 ($1,567.49) PAGE 72P For 14+ years, 4% of top Police Officer base pay totaling: $74.13 per pay period for 2001 ($1,927.31) $77.11 per pay period for 2002 ($2,004.96) $80.38 per pay period for 2003 ($2,089.98) For 18+ years, 5% of top Police Officer base pay totaling $92.66 per pay period for 2001 ($2,409.13) $96.39 per pay period for 2002 ($2,506.20) $100.48 per pay period for 2003 ($2,612.48) For 21+ years, 6% of top Police Officer base pay totaling $111.19 per pay period for 2001 ($2,890.96) $115.67 per pay period for 2002 ($3,007.46) $120.58 per pay period for 2003 ($3,135.00) SECTION 2 The longevity qualification date shall mean the date on which an employee completes seven (7), eleven (11), fourteen (14), eighteen (18), or twenty-one (21) years of service with the Police Department of the City CITY of Omaha. SECTION 3 Service with the Police Department of the City CITY a within the meaning of this Article shall mean all periods of time in which an employee of the Police Department has while in such capacity received compensation from the CITY for work performed or utilization of paid leave. Suspension for disciplinary purposes as provided in Section 3 of Article 6 shall constitute service with the Police Department within the meaning of this Article. SECTION 4 An employee shall begin to earn his longevity pay on the first pay period of the month immediately following his longevity qualification date. SECTION 5 The provisions of Section 23-148 of the Omaha Municipal Code in effect on the date of this Agreement are inapplicable where an employee is paid at a rate which exceeds that of an employee senior in rank solely by virtue of the payment of longevity pay. SECTION 6 If there is a termination of employment, the longevity pay provided in Section 1 hereof shall be paid on a pro-rata basis for compensated hours during the payroll period for work performed or utilization of paid leave. SECTION 7 Payments made pursuant to the provisions of the Nebraska Workmen's Workers' Compensation Act, payment at termination of accrued vacation annual leave, and payment at termination of earned compensatory time shall not be considered compensation for work performed or utilization of paid leave within the meaning of this Article. IOD payments shall be considered compensation within the meaning of this Article. , PAGE 73P ARTICLE 29 SAVINGS CLAUSE SECTION 1 If any provision of this Agreement is subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. PAGE 74P ARTICLE 30 HEALTH INSURANCE CARE FOR RETIREES SECTION 1 Effective January 1, 1979, tThethe City CITY of Omaha agrees to pay the premium necessary to accord provide, at the CITY'S cost, health insurance care coverage for those employees and their dependents who retire on or after January 1, 1979. Said health insurance coverage is to be substantially the same as that currently provided for activc mcmbers of the Omaha Police Department employees and their dependents, as more specifically provided for in Appendix "C" hereof. It is expressly understood and agreed to by the parties that the health insurance care benefit provided herein is to be an obligation of the City CITY of Omaha only with respect to those employees who obtain a normal service retirement and their dependents. Additionally, the benefit provided herein is confined to those employees who have reached minimum retirement age and no greater than 65 years of age. Said health insurance care benefit shall be applicable only as long as the retired police officer employee shall survive, and in no event shall the City CITY be obligated to continue premium payments after the death of the officer employee for the benefit of surviving spouse or children. SECTION 2 Any employee who retires on a service connected disability pension shall be eligible for health insurance care coverage substantially the same as provided to the employee and dependent coverage as in Appendix "C" hereof. This coverage shall cease upon the retiree's sixty {6 65th birthday, or whatever age of entitlement to Medicare as set by Federal Law, whichever event comes later. In the event the retired employee does not qualify for Medicare, the health insurance coverage provided herein shall cease upon the employee's 65th birthday. SECTION 3 Any employee who retires on a non-service connected disability pension who has reached the minimum retirement age and twenty-five 125) years of service shall be eligible for health insurance care coverage substantially the same as provided to the employee and dependent coverage as in Appendix "C" hereof. SECTION 4 It is further understood by and between the parties that the above referenced health care coverage shall cease on the first day of the month in which the employee turns 65 years of age or dies, whichever is earlier. SECTION 5 For those employees who have not reached 50 years of age but have reached 47 years of age and have 20 years of service credit or more, the following bridge/gap insurance option is allowed if the employee leaves employment and defers his retirement: PAGE 75P The employee may elect to continue his health care coverage in effect at the time he:leaves CITY_employment. In order to do so he.must.pàyto the CITY, on a monthly basis, the COBRA premium. This payment_willLb'e made_by automatic deposit to the city•with the proper account set,up_as soon:as.practically.possible_followinq the date the eniployee_.IeaVes_CITY service. When the former employee reaches age. 50.and..isgranted .a. deferred service retirement. he shall receive health : care_. coverage. pursuant to Section 1, above (Employee no longer.iS. required. to .pay premium). Any, failure to pay the COBRA premium_ will result._.in • permanent cancellation of health care .benefits, including the ,right._to Section 1 coverage (no premium) after the employee receives a deferred retirement. An employee who leaves CITY employment and pays the "gap".health care premium pursuant to:the above shall receive the same health care. coverage during the "qap" period as do_sworn .employees. When such coverage is converted to.Section 1 and Section 4 retiree coverage, all other provisions of that Section shall apply. PAGE 76P ARTICLE 31 RESIDENCY Any officer employee who was a member of the Omaha Police Department prior to, or is employed during the effective period of this aAgreement, shall not be restricted in his/her right to establish residency within or outside the corporate limits of the City CITY of Omaha. City wheel tax for : non-residential employees shall. be deducted automatically from his first pay period in March of each year. PAGE 77P ARTICLE 32 MAINTENANCE OF BENEFITS The CITY shall institute a policy of maintenance of benefits, i.e., all conditions of effect at this time maintain the benefits as set forth in this Agreement for the term of,this Agreement. PAGE 78P ARTICLE 33 EXAMINATIONS AND PROMOTION PROCEDURE SECTION 1 Notice of promotional examination shall be given sixty (60) ninety (90) days prior to the administration of the initial phase of the examination process, which examination shall take place ninety (90) days prior to termination of the current eligibility list. At the time of posting, such notice shall contain the date of the written exam as well as the date(s) of the subsequent steps in the selection process. SECTION 2 The certified promotional eligibility list shall continue in force two (2) years, unless prior to this time all names on the certified promotional eligibility list have been exhausted. If no names remain on the certified promotional eligibility list, then that list shall be considered as terminated and, within thirty (30) days, a posting of a promotional examination shall be made in accordance with Section 1. SECTION 3 Eligibility requirements, including school points and seniority city service points shall be met prior to the first day of the month in which the first examination phase is given. School and city service points must be earned prior to the first day of the month in which the first examination phase is given. SECTION 4 It is understood and agreed that the City CITY of Omaha has the absolute right to establish minimum qualifying standards for any 44Bargaining uUnit classification within the Omaha Police Department. Qualifying standards shall include but are not limited to, educational, medical, physical, testing procedures and years of experience requirements. To be eligible for a promotional examination for a bargaining unit classification rank within the Omaha Police Department, the candidate must establish the minimum years of qualifying experience as a sworn officer employee with the City CITY of Omaha Police Department, without any breaks or interruption in service from either the date of employment or re-employment of the officer employee provided that lay-off of one year or less, any suspensions for disciplinary purposes, absence on authorized leave with or without pay, absence while receiving temporary total disability benefits under the Nebraska Workmen's Compensation Act, shall not constitute a break or interruption in service within the meaning of this Article. SECTION 5 Any promotional vacancy existing shall be filled within thirty (30) days of the vacancy if a certified promotional list is in existence. PAGE 79P SECTION 6 College and city service points shall be included for sworn Police Department promotional examinations as follows: A. Such points shall be computed by the Personnel Department using criteria identified in the posting; G B. Such points shall not be added unless a candidate has first met the pre-established pass/fail score for each part of the examination; C. 1. The score for the initial phase of the examination, which is a precondition to continuing in the examination process, shall be calculated by adding: • The earned score on the initial phase of the examination, which shall have a maximum of 100 points, • A maximum of 10 points for city service. As used hereafter, city service points shall mean and be computed as follows: • Credit for service with the City will be given on the basis of one- twelfth of a point per completed month of service as a sworn member of the Police Department, to a maximum of ten points after the service years needed to meet the experience requirements, as identified on the posting, have been subtracted. • A maximum of 10 points for college for Police exams. As used hereafter, college shall mean and be computed as follows: • College credits for Police promotional exams will be given on the basis of one-twelfth of a point for each credit hour of completed course work toward a Bachelor's Degree in Criminal Justice or Law Enforcement, to a maximum of ten points. A candidate who has a post graduate degree, such as a Master's Deqree, Ph.D., law degree, will receive 10 points for college. • Credits will be evaluated on the basis of the course catalog from the University of Nebraska at Omaha. The final score from which the ranking on the eligibility list is determined, shall be computed as follows: • 70% of the percentage score (based on a 100% scale) achieved on the subsequent phases(s) of the examination process, plus • 24% of the percentage score (based on a 100% scale) achieved on the initial test identified in C(1) above, plus • 3% of the city service points identified in C(1) above, (computed as a percentage of the total points available) plus • 3% of the college points identified in C(1) above (computed as a percentage of the total points available). PAGE .80P 44 The following-example serves to illustrate how such points are allocated-andhow they t e: Assume that an applicant for a Police Sergeant proniotional_exam achieves a score of 80% on the initial test, (the: multiple-choice exam), out of a possible 100%. Also assume that this applicant has 10 city service points, and 5 college points. Currently tThis candidate's scores would be combined, fora total of 95 .points,. in order to determine if he/she would be invited to the second phase of the testing process, the Assessment Center. - Assume that this candidate. qualified to participate in the Assessment Center, and achieved a rating on the Assessment Center of 70%. Under the current practice, this candidate's final ranking on the eligibility list is based only on his/her Assessment ° gard to the previous ratings on-the proposed by this recommendations, this practice will change. , The candidate's rating of,80.on the multiple choice will receive a weight of 24%, college and city service will each receive a weight of 3%, respectively, and his/her rating of 70% on the Assessment Center will receive a weight.of 70%. This combined score will determine the. candidate's final ranking on the eligibility list. In this example, this candidate's final score will be 72.7, which is computed as follows: Multiple Choice exam: (This candidate answered 80% of the questions correctly, and therefore achieved 80% of the total possible points on this test.) 80% X .24 = .192 City Service (10 points out of a possible 10 or 100%): 100% X .03 = .03 PAGE 81P College(5 points out of a possible 10 points or 50% of the available points) 50% X .03 = .015 Assessment Center: 70% X .7 = .49 Total: .727 Therefore, the candidate in this example received a combined rating of .727, which is equal to 72.2% of the available points or total number of points possible on all parts of the test combined, based on the following: 80% of the total possible on the written test (which was weighted 24%) 100% of the total possible number of city service points (weighted 3%) 50% of the total possible number of college points (weighted 3%) 70% of the total possible points from the Assessment Center (weighted 70%). As illustrated above,Under this contractual provision, college and city service points will be considered during the initial phase of the exam process, as well as the subsequent phase(s). However, these points are assigned a lower weight when computing the final score than they received at the initial phase. PAGE 82P ARTICLE 34 PENSIONS ECTION 'I E-flective „pon the date_of a of th lab greeme '' �� y employee who shall have ser i ved twenty_five (25) years respectively who shall subsequently reach his fifty fourth (51) birthday, shall be allowed to apply for a normal service retirement. Effective January 1, 1984, any employee who shall have served twenty five (25) years respectively and who shall subsequently reach his fifty third (53) birthday, shall be allowed to apply for a normal service retirement. Effective January 1, 1985, any employee who shall have served twenty five (25) years respectively and who shall subsequently reach his fifty second (52) birthday, shall be allowed to apply for a normal service retirement. Effective January 1, 1986, any employee who shall have served twenty five (25) years respectively and who shall subsequently reach his fifty first (51) birthday, shall be allowed to apply for a normal service retirement. Effective January 1, 1987, any employee who shall have served twenty-five (25) y ars re pectiyely and who shall subsequently roach his fiftieth (50) bir4hdav shall be allowed to apply for a normal service retirement. the minimum service retirement age provided for herein results in a f„nd equir ,ant in of that set forth in the Alexander a `'``-'llurre�CYtt�YtY�e-x�e'�S� ��ry r-c7-rrrcrr Svc Alexander Actuarial Report of August 19, 1982, then the amount of funding for the reduction provided for herein and the allocation of that cost between the City CITY and the Union UNION members shall be the subject of negotiation and resolution. Effective with the pay increase granted December 30, 1984, the cost of the foregoing decreasing minimum retirement age shall be allocated on the basis that the members of the bargaining unit shall pay .9% of and at the same time and to the same effect the City CITY shall o retirerra'rent • ystem and in addition thereto the City CITY of Omaha shall effect on or about January 1986 pay an additional .15% of gross compensation into the Police and Firemen's retirement system. €#ee i 'pon mate-of sage of the-ordinanc Labor Agreement any employee may exercise his/her right to a deferred vested pension that employee is age 50 or more. PAGE 83P Fire Pension Fund. Proposals "D" and "J" (with below listed conditions) are Board, by the parties to this Agreement and the parties specifically agree to A. Children's.Pension be paid to the surviving children until age 18.. or prior to death or until the cessation of total disability or dependency of support; Number Of Percentage of Dependent Average Final Children Monthly Compensation 1 15% 2 30% 3 45% /l or more 50% (Wyatt "Special Topic" "D") B. Vesting after 10 years of service: A deferred vested benefit is available - , ars of service must be at least 55 years of age to qualify for a deferred vested premium. The amount of Percentage of Years of Service Final. Pay 10 15 20% 15 20 30% 20 25 40% 25 + 50% (Wyatt Co. "Special Topic" "J", as amended.) PAGE 84P Pension contributions before Federal Income tax is withheld. (I.R.S. /11'1(h) ). Such pre tax payments will begin as soon as possible after such approval is granted. mis a311Ftj -retFFemeTtr-who have serced tore than-twenti_five (25) years shall, upon retirement, receive an addition of 1% of their salary (as for each additional full year over twenty five (25) as a pension benefit up to a maximum of 10% additional (10 additional y ars) or 60% of total salary. The cost of this benefit (as determined by Wyatt Co. Actuarial Study dated July 1, 1988, Special Topic "D" and amendment thereto by letter dated February 15, 1989, from Wyatt Co.) is 1.9% of employee's salary. This cost shall be all ed on the base thaa b f tho bargaining unit shall pay .95% of gross compensation into the Police & Firemen's retirement system and the City CITY shall contribute a like .95% shall any employee be entitled to any benefits provided therein until the da+� T atification and execution off thv CTit s CITV'C 989 Laboor Agreements with the Omaha Fire Union UNION, the Fire management group, and the Police management group; furthermore Sections 2 and 3 above, shall be considered null and void and have no binding effect on either-pa-Fty-URlese-and-u-ra-the-eame-lan-guage-ae-Seb-tione-2-and-3 above, is agreed to by the City CITY and the Omaha Fire Union UNION, li-1e FTirree m-ranagemen a Police managemT n�o,up_ Additionally the parties agree and understand that the benefits and obligations provided in Sections 2 and 3 are in no way retroactive. SECTION 6 E-f#ective-Dece►x ber 2' 1995, the City CITY agrees te provide a pension upplement to all pro ent and f t u e employees whin ultimately retire from the Police Department and for all Police Department employees who retired from the D entsine_Ju 98 The amo6ant of. the pension supplement shall be three percent (3%) or fifty ($50) dollars per mn� nth_ eryearhicchev ets-lese r-mployees covered-u-nd this C tion ibility to r eive such h in on th seventh (37th) month of retirement. The parties agree that this new cost of living benefit is the "3 year wait, 3% per annum, up to $50 maximum" provision of the Police Fire Actuarial d that the cost of this benefit was 1.1% per pry-below. PAGE 85P sound trust account to administer this benefit. The actual benefit may be prprovidedthfovugh current Dolice/,Fire Peps City CITY cn-c-r-vnv �-ra�-r�� tiYt. The parties am a use of action captioned rni Bart vs. The City of Omaha, Doc. 917 Page 516, shall be dismissed with prejudice with respect to those individuals who are current active sworn were sworn members of the Omaha Police Department and who retired nn aft r the adoption of Ordinance No. 3 182 / {ectioe_d e -Nei her curr dividuals who._w-e-re �,- ,Ten#-r�er�e rcr� ., ....., ..... prior members of the bargaining unit but who have retired on or after June 21, 1989, may receive any benefits contained in Article 34, Section 5 of the December 19, 1993 through December 27, 1997 labor agreement entered-inte and between-the City CITY of Omaha and Police Union UNION Local 101 should such individuals litigate the Bartek issue. SECTION 6 Effective upon the legal execution of the 1998 Labor Agreement between the parties the pension benefit would be changed as follows: �-v�rermberss may retire t ears of ceryiceeaata� e 50 with /15% of �T rt-a.—crc-2�'y�-aT 0 same for any member retiring at 21, 22, 23, or 24 years of service. At 25 o of service the amount increases 1% for each six (6) months of service over 25 year to a maximum of 65.O/ at 30 years of service. In order to ffectu to the above benefit__ineFease the City CITY will meat 77'i�rCfCiTC�eTI G�[FI�iC ZT'fC-a+ 'i7�V G-{7 CTfGTI�TITGTLZfJ and/or contract and/or provide an actuarially sound trust account to a administer this benefit. The actual benefit may be provided through the nient Doline/Fire Den Fund to administer the benefit. The actuary firm of Milliman & Robertson, Inc. has determined the cost of this benefit to be 3.1% of payroll. This amount shall be paid as follows: y one-half of the cost (1.7%) into legal execution of the contract. for payroll year 1998 employees would pay .85% of wages into the system or trust account. PAGE 86P - beginnT„ ng- ll ., ereafter t is employee contribution would increase to 1.785% of wage-s. The above method of payment has been determined by Milliman. '& , . SECTION 1:_ DEFINITIONS Board: Shall mean the Board of Trustees of the System. Member: Shall mean any person who by virtue of his/her employment status is participating in the System. Retiree: Shall mean any person receiving a disability or regular service retirement, who is no longer contributing to the System. System: Shall mean the Police and Fire Retirement System. SECTION.2: CONTRIBUTIONS To fund all benefits within this Article, each member and the CITY shall contribute to the System. The member shall contribute every bi-weekly payroll period 10.885% of his/her total annual compensation .(which 'includes college incentive, specialty, an employee's pay plan wages, longevity, overtime, premium and out-of-class pay). The • member's contribution shall be deducted prior to federal. income tax withholding as allowed by IRS 414(h). The CITY shall contribute annually16.5% of each employee's total annual compensation (which includes 4.4% for pension supplements as provided in Section 6). SECTION 3: RETIREMENT BENEFITS Pensions are calculated using the applicable percent of the member's pay from the highest.consecutive 26 bi-weekly payroll periods within the final five (5) years of service. The pension benefit is based upon the ordinances in effect at the time employment is severed or terminated (i.e., pensions are calculated using the method and percentage in effect at the time the member leaves CITY employment). Changes to the pension benefit enacted after the date a member leaves CITY service shall not be applicable to such member. a. Service Retirement. A member is eligible for service retirement based on his/her age and years of service, and with pension: at the percent as indicated below. PAGE 87P Minimum Years of Service Minimum Aqe Percent 10 55 20 15 55 30 20 50 45 25 50 55 25 ' 50 56 =65* b. Deferred Service Retirement. A member whose employment with the CITY is severed or terminated prior to attaining eligibility for service retirement, but who has served at least ten (10) years, can elect to leave his contributions in the System and thereby shall be eligible for a deferred service retirement, with pension payments commencing at the age corresponding to the member's years of service and at the percent as indicated below. Age at Which Minimum Years of Pension Percent Service Commences 10 55 20 15 55 30 20 50 45 25 50 55 25 'A 50 56 — 65* A member who elects a deferred service retirement shall retain only the specific benefit rights as set forth in this section. The member has no other privileges, including health insurance (except as provided in Article 30, Section 5), after employment is severed or terminated, except as provided under COBRA provisions. A one percent (1%) increase is earned for each additional six (6) month period of service over 25 years, up to a maximum pension of sixty-five percent (65%) with thirty (30) years of service or more. c. Service-Connected Disability Retirement. A member who sustains an iniury or illness in the line of duty and as a result becomes unfit for active duty shall be granted a service-connected disability retirement with pension corresponding to the empleyeels member's years of service and at the percent as indicated below Minimum Years of Service Percent 0 50 25 55 25 'A or more 56 — 65* PAGE 88P Pension payments for service-connected disability retirements shall be reduced by the dollar amount equivalent to any worker's compensation benefits paid to the retiree times the percentage contributed to the System by the CITY. d. Non-Service-Connected Disability Retirement. A member who sustains an injury.or illness not in the line of duty and as a result becomes unfit for active duty shall be granted a non-service-connected disability retirement with pension corresponding to the member's years of service and at the percent as indicated below. Minimum Years of Service Percent 0 10 10 20 15 30 20 45 25 55 - 25 Y2 56 - 65* *In a) throuqh d) above, a one percent (1%) increase is earned for each additional six (6) month period of service over 25 years, up to a maximum pension of sixty-five percent (65%)with thirty (30) years of service.or more. SECTION 4: SURVIVOR BENEFITS (1) Widow/Widower Pensions. A monthly pension shall be payable to a widow or widower of a member,deferred pensioner or retiree if the widow/widower was legally married to the member or retiree at least one full year prior to the death of the member or retiree. Benefits will continue for the widow or widower until death unless he or she shall remarry. If the widow or widower remarries, all rights to such pension shall be terminated forever. Pension benefits for a widow or widower shall be as follows: A. If a member who is not eligible for retirement dies as a result of injuries or illness sustained in the line of duty, the widow or widower shall be paid a monthly pension equal to thirty-five percent (35%) of the member's total annual compensation from the highest consecutive 26 bi-weekly payroll periods within the last five (5) years of service. i. If the widow or widower was not legally married to the member for a full year; or if the widow or widower remarries after commencing benefits under this section; or if the spouse of the deceased member predeceased him/her, then benefits normally payable under this. section to a widow or widower shall be placed in a trust fund for the education of the minor child(ren), if any, of the deceased member, until such child(ren) attain age 18, marry, or die, whichever event occurs first. Said benefit will be paid into the trust equally for each child. PAGE 89P (B) If a member who is not eligible for retirement dies from causes not connected with service, the widow or widower shall be paid a monthly pension based on the applicable percent .of the member's total annual compensation from the highest consecutive 26 bi-weekly payroll periods within the last five (5) years of service. Member's Minimum Years of Service Percent 5 25 25 35 If a retiree, or a member eligible for retirement, dies, the widow or widower shall receive a monthly pension equal to seventy-five percent.(75%) of the pension that the retiree was receiving, or that the member was eligible to receive at the time of the member's death. (1) Children's Pensions. A monthly pension shall be payable to each unmarried child under the age of eighteen (18) of.a deceased member or retiree. The monthly pension shall be based on the deceased's total annual compensation • from the highest consecutive 26 bi-weekly payroll periods within the last five (5) years of service. Number of Eligible Percent Children 1 15 2 30 3 45 4ormore 50 The percent of the deceased's annual total compensation from the highest consecutive 26 bi-weekly payroll periods within the last five (5) years of service shall be divided equally among eligible children. The pension for each child shall be paid monthly to age 1.8 or death or marriage, whichever occurs first. In the event any child is totally disabled at the time of death of a member or retiree and has been so totally disabled or totally dependent for support since prior to age 18, whether.or not such child was under the age of 18 at the time of such death, such monthly pension benefit shall be paid until the cessation of total disability or dependency for support, whichever occurs first. Any payment made under the section, regardless of whether due or hereinafter to become due, at the option of the CITY, may be paid to any parent or guardian of the child or children for his/her or their care, either method of payment being in full satisfaction of the requirements of this section. SECTION 5: REFUND OF CONTRIBUTIONS Refunds of accumulated contributions to the System shall be made from the System as follows: PAGE 90P (1) Upon approval by the System's Board of an application for refund of contributions when employment is terminated and the member is not eligible for retirement, full refund of member contributions with interest shall be made. (2) Upon approval by the System's Board of a former member's application for refund of contributions when the former member had elected deferred service retirement and is 'not yet eligible to receive pension payments, full refund of employee contributions with interest shall be made. (3) Upon the death of an employee or retiree where no widow or widower or children are left surviving who.are entitled to pension benefits, a lump sum refund equal to the employee's accumulated contributions, or the retiree's balance of accumulated contributions in excess of total pension payments made to the retiree, or $500.00, whichever is greater, shall be made to the designated beneficiary or heirs at law. (4) Upon cessation of pension benefits to a widow or widower or child(ren), a lump sum payment equal to the balance, if any, of the deceased's accumulated contributions in excess of the total amount of pension payments made to the retiree, 'widow, widower, and child(ren) shall be made to the widow or widower or child who is last to cease receiving a pension benefit from the System. Upon the payment of such lump sum amount, if any, the widow or widower and children shall have no future rights and privileges under the System. (5) Such refund as provided herein shall forever forfeit any and all rights to pension benefits from the System. SECTION 6: DEATH BENEFITS Within three (3) business days from the date the Personnel Department receives appropriate certification of a member's or retiree's death, a lump sum death benefit shall be paid to the deceased's designated beneficiary. a. Upon the death of a member where a widow or widower or child(ren) are left surviving wh'o are eligible for pension benefits, a lump sum death benefit equal to one year's pay plan salary shall be made. One year's pay plan salary shall be based on the "F" Step pay rate for Police Officer from the current pay plan. b. Upon the death of a retiree where a widow or widower or child(ren) are left surviving who are eligible for pension benefits, a lump sum death benefit of $1,000.00 shall be made. The lump sum death benefit shall be charged against and deducted from the accumulated contributions of the deceased retiree. c. Upon the death of a member or retiree where there is no widow or widower or child(ren) surviving who are eligible for pension benefits, a lump sum equal to the deceased member's accumulated contributions, if any, or $500.00, whichever is greater, shall be made to the designated beneficiary. PAGE 91P SECTION 7: PENSION SUPPLEMENT The CITY will provide a pension supplement of three percent (3%) or fifty dollars ($50) per month, whichever amount is less, beginning in the thirty-seventh (37th).month of retirement. This supplement shall continue on an annual basis with increases effective on the pension anniversary date. SECTION 8: "QUALIFIED PLAN" The CITY shall take such action as is necessary so that the System will continue to be a plan qualified under applicable Internal Revenue Service rules, which status will allow the employee to pay his/her portion of the pension contribution before federal income tax is withheld. PAGE 92P ARTICLE 35 NIGHT SHIFT DIFFERENTIAL Effective with the shift change in September, 1983, all employees, except those assigned to the "B" Shift, shall receive a thirty cent ($0.30) per hour night shift Effective December 26, 1999 aAll employees, except those assigned to the "B" Shift, shall receive a t fify-f,,,� figent ($0.55) sixty five cent (0.65) per hour night shift differential pay for hours worked. PAGE 93P ARTICLE 36 COLLEGE INCENTIVE PROGRAM COMMITTEE PAY The City CITY shall pay for advanced educational incentive for all members of the (a) Effective December 20, 1992, e Each officer em•lo ee who has obtained a Bachelor's Degree .from an accredited college or university shall receive $50.00 per month. (b) Effective December 20, 1992, a Each officer em•lo ee who Of-university-shall-Feseive-$60,00-per-meRth7 From, and after December 26, 1999, tThe City CITY shall- p'ay for em•lo ees who have completed two (2) years of service with the Omaha Police Department as follows: Each officer em•Io ee who has obtained a Bachelor's Degree from amount equal to 1.5% of top police officer Top Police Officer's base paY- LI each officer er•lo ee who has a Master's Degree from such institution shall receive 1.75% of top police officer Top Police Officer's base pay. The CITY shall pay for advanced educational incentive to all employees who have completed two (2) years of service with the Omaha Police Department. The CITY shall pay the employee in equal increments, coinciding with the pay periods as follows: a) Each employee who has obtained a Bachelor's degree from an accredited college or university shall receive one and one half percent (1.5%) of the top Police Officer's base: $27.80 per pay period for 2001 ($722.74). $28.92 per pay period for 2002 ($751.87) $30.14 per pay period for 2003 ($783.74) PAGE 94P b) Each employee who has obtained a Master's or Doctorate degree from an accredited college or university shall receive one and seventy-five one hundredths percent (1.75%) of the top Police Officer's base pay: $32.43 per pay period for 2001 ($843.20) $33.74 per pay period for 2002 ($877.18) $35.17 per pay period for 2003 ($914.37) PAGE 95P ARTICLE 37 WAGES SECTION 1 Effective December 28, 1997, December 24, 2000, all officers employees covered by this Agreement shall receive a 4% (3.08%) base pay increase. (See Appendix B) SECTION 2 Effective December 27, 1998, December 23, 2001, all officers employees covered by the Agreement shall receive a 2% (4.03%) base pay increase. (See Appendix B) SECTION 3 Effective December 26, 1999, December 22, 2002, all officers employees covered by this Agreement shall receive a 2% (4.24%) base pay increase. (See Appendix B) SECTION 4 Effective January 1, 1995, tThe number of pay steps shall be six (6) for police officer Police Officer and three (3) for Sergeants, Lieutenants and Captains. For any y ing P� li�per�7 nt ser�vi e o er the ev oon "��•f�'�"!Pie-eF�'tern �. crt�.7rirvr of this Agreementc:rr , such em pl"rprvyee sh egin at o "T" cue, p level a period of one (1) year. The years from minimum to maximum shall be fog it /il) years for an police officer Police Officer and one year for Sergeants, Lieutenants and Captains. For any employee entering Police Department service, such employee shall begin at a "T" step level for a period of one (1) year. A Police Officer shall serve six months from Step 1 to Step 2,i six ( ) ffioontntrhrs from Step 2 t St snp�1\ year froml t Stop it one { ) year from Step 4 to Step 5,1 and one L) year from Step 5 to Step 6. A Sergeant, Lieutenant or Captain shall be required to serve six (6) months from Step 1 to Step 2 and six ( ) months from Step 2 to Step 3. Pay schedules for rank and steps shall be as set forth in Appendix "B" to this Agreement, which is incorporated herein by this reference. Current employees shall progress through the pay step system from identified as ste A to through F. The number of pay steps shall be seven (7) for Police Officers and three (3) for Sergeants, Lieutenants, and Captains. The number of years from minimum to maximum shall be five (5) years for Police Officers and one (1) year for Sergeants, Lieutenants, and Captains. Upon entrance into police service, employees shall serve at the "T" (Training) step of the Police Officer salary range for a period of one (1) year, followed by six (6) months at the "A" step, six (6) months at the "B" step, and one (1) year at each of the remaining three steps before PAGE 96P reaching the "F" step which is the final step in the Police Officer salary range. Sergeant, Lieutenants; and Captains shall serve at the "D" step for six (6) months and at the "E" Step for six (6).months before-reaching.the "F" step which is the final step in each of their respective salary ranges. Pay schedules for rank and steps shall be as set forth in Appendix."B" to this Agreement. SECTION 5: Movement from one step to the next will continue to be based upon satisfactory job performance. In determining whether or not any individual employee merits a step increase all factors of .that employee's job performance shall be considered. Disciplinary actions taken against an employee pursuant to Article 6, Discharge and Discipline, shall not automatically bar advancement within pay range steps. SECTION 6 Effectivey th the passage^offtthe 1 o9Q Labor agreement The City shall continue its practice of an "every other week payroll system." Annual , salary is negotiated and determined and then paid to the employee in equal installments every two weeks. wWages shall be paid only by direct deposit of funds into an employee bank account at a recognized financial institution pursuant to direct deposit procedures required by the Finance Department. PAGE 97P ARTICLE 38 JOB PERFORMANCE INTERVIEW (COUNSELING) SECTION 1 The City CITY shall institute a policy of formalized employee job performance interviews (counseling). These interviews will be conducted with employees on an as needed basis. The purpose of these interviews is to bring to the attention of the affected employee his unacceptable job performance and/or failure to follow specific job instructions. Such interviews shall be documented in writing on a form provided by the City CITY. The employee must sign such documentation form. The original of the form shall be maintained in the employee's individual personnel file at the Police Department; a copy shall be given to the employee. No other copies of the form shall be distributed. SECTION 2 An employee, on request, may inspect his Departmental personnel file, however no material may be removed or mechanically reproduced from this file except as herein provided. Should the employee feel that such file contains erroneous information he may request an administrative review by the Police Chief. Any other inspection of an employee's Departmental personnel file may be done only with the authorization of the Chief of Police Chief. This form must provide a space for the officer employee to explain his actions. No employee job performance interview over five (5) years one (1) year old will be used as a basis to show any type of behavioral or performance pattern. SECTION 3 An employee may request that any job performance interview that is greater than one (1) year old be removed from his Police file. The employee will be provided with such document. No copy or notation of such document will be maintained in the officer's employee's Police file; however, such job performance interview will be maintained in a generic Police file not under any officer'G employee's name. Such documentation may be used only for purposes of litigation not relating to the officer'& employee's discipline; or in appeals, arbitration or litigation relating to the officer's employee's discipline only for purposes of impeachment. PAGE 98P ARTICLE 39 DRUG TESTING SECTION 1 All sworn employees of the Omaha Police Department shall be required to take drug tests, on a random basis pursuant to the below listed policy. Omaha Police Department employees, for the purposes of random drug testing, shall be divided into two groups: Group "A" all personnel assigned to Internal Affairs Chief and all Deputy Chiefs all personnel assigned to drug/narcotic enforcement all probationary officers employees all E.R.U. team members Group "B" any other sworn officers employees Every six months (at duty change) the Chief of Police Chief shall provide to the Personnel Director of the City CITY of Omaha a list of Group "A" sworn officers employees. Such list shall be by serial number and the name of each officer employee shall not be noted. The Personnel Director, at any time, may direct the Chief of Police Chief to order all members of Group "A" to take a drug test within 48 hours of notification. It is the general intent and desire of the City CITY to test Group "A" officers employees approximately twice a year. However, tests may be ordered at any time, and the cumulative effect of such orders may be more or less than a twice a year average. The Personnel Director may direct the Chief of Police Chief to order members of Group "B" to take a drug test pursuant to the following: 1. Every six ff), months (at duty change) the Chief of Police Chief shall provide to the Personnel Director of the City CITY of Omaha a list of Group "B" sworn officers employees. Such list shall be by serial number and the name of each officers employees shall not be noted. 2. Twice during any given six 16) month period the Personnel Director may provide a list of approximately 1/6 of employees on "B" list to the Chief of Police Chief. The Personnel Director may direct the Chief of Police Chief to order those employees to submit to a drug test within 48 hours of notification. All drug tests ordered pursuant to the above random testing policy shall be performed in accordance with the mandates of the PAGE 99P currently existing City CITY of Omaha Drug/Alcohol policy. In selecting Group "B" personnel for testing, the Personnel Director shall utilize a probability sampling technique called "simple random selection with replacement." A computer generated file of random employees shall be used. The purpose is to insure that each member of Group "B" has a similar probability of being selected if the drug test is ordered. The City CITY agrees to strike that language from current City CITY Policy on Drug/Alcohol which mandates termination of sworn officers employees for positive tests for alcohol. Any notification of an employee of the results of any test given pursuant to Random Drug Test Policy or the Gity's CITY'S for-cause test policy shall be either: 1) personally delivered; or 2) delivered by certified mail or bonded courier. Further, it is understood by and between the parties that St. Joseph's Hospital is currently designated by the City CITY pursuant to the City CITY Policy to be the testing facility. St. Joseph's has, in its agreement with the City CITY (which agreement the Union UNION has reviewed and is familiar with), agreed to certain minimum standards for privacy and lab integrity. The City CITY agrees that those minimum standards shall be at all times maintained. Further, it is agreed that should an employee test impaired for alcohol pursuant to any City CITY policy, that employee need not necessarily be terminated, but shall be disciplined pursuant to the provision of the C 's CITY'S Policy on Drugs/Alcohol. This could include termination, but termination is not the only option. Officers Employees on sick leave or I.O.D. status shall be directed to take the drug test if their serial number is selected (as either Group "A" or "B"). However, in so doing, the Chief of Police Chief shall give special consideration to the particular illness/injury of the employee. Any questions as to whether or not the employee is medically able to submit to such testing shall be decided by a competent physician. Verifiable phone communication from such physician can be the basis for the City CITY declining to order the officer employee to appear. Officers Employees on pre-approved annual leave will not be ordered to submit to drug testing while on such leave. When such officer employee returns from leave, he/she shall be ordered to take the drug test, pursuant to the above policy. PAGE 100P Whenever possible, random drug testing shall be ordered during an officer's employee's regularly scheduled work hours. SECTION 2 In addition to the above random testing, it is further agreed that any sworn employee may be. required to submit himself/herself to drug testing if: 1. that employee has been involved in an on-duty automobile accident; 2. that employee has fired his/her weapon on-duty other than in a training situation. For this accident/occurrence testing, all the same rules and safeguards provided above shall apply to the employee. PAGE 101P ARTICLE 40 OUT-OF-CLASSIFICATION PAY Employees required to work out-of-classification in a higher rank shall be paid such higher rank classification base pay beginning with the performance of such work on the eleventh-(11th) sixth (6th) consecutive day. Such employee shall be paid at the lowest base rate of the higher rank. The parties agree that out-of-classification pay shall not occur unless the employee is specifically ordered by police management (Chief or Deputy Chief) to work the position. If the employee is directed to, work out of class by other than police management, he should notify his Deputy,Chief immediately. If the affected employee is not notified to the contrary by police management, by the .3rd..workiriq day, he .shall consider the assignment approved. Further, the City CITY agrees that upon the. designation of a particular employee to work out-of-classification,. that particular. employee designation will continue on for the duration of the incumbent's vacancy,. except for cause. PAGE 102P ARTICLE 41 SPECIALTY PAY Effective January 1, 1995, aAll employees (officers, sergeants, lieutenants) assigned as an investigator, including the following, shall receive an additional three (3%) percent of their fegular—rate-ef-pay base pay. The City shall pay employees in equal increments, coinciding with the pay periods. The list of employees entitled to receive Specialty pay is as follows: Narcotics Unit Repeat Offender Organized Crime #+ens Gang-U-nit • Vice Unit Polygraph Special Investigation Fogitive/Warrants I Init Prosecutor Liaison C.I.B. Investigators Crime Against Person Crime Against Prope y Youth Services Professional Standards Background Regionals Crime Stoppers Public Information Officers Narcotics/Intelligence Unit Narcotics Squad Street Level Narcotics Squad Intelligence Squad Gang Intelligence Squad Special Operations Squad Vice Squad Fugitive Task Force Squad Polygraph Special Investigations Unit: Child Victim/Sex Squad Domestic Violence Squad Misdemeanor Warrants Squad Prosecutor Liaison PAGE 103P CIB Investigators Crime Against Person Crime Against Property Accident Investigation Professional Standards Background Regionals Public Information Officers Deputy.Chief Administrative Assistant Crime Analysis Unit PAGE 104P ARTICLE 42 PREMIUM PAY E fec ive J nuan, 1, 1 995,t_ a following emnplleyes ,will reeve—tbe st— fated aarmi'eunts during the period of time the employee is -assigned to these duties• .!!� : _ 1'>!._� _ c!!!o!g�c,c. !a oo.�layTfc�gZq-lrrcisca v Mounted Patrol D.A.R.E. G.R.E.A.T. Training Canine ERU Motorcycle All employees, during the time assigned to these duties, shall be paid "Premium Pay" by the City. Such employees shall receive an additional one and one half percent (1.5%) and/or three percent (3%) of the maximum Police Officer's base pay. The CITY shall pay these employees in equal increments, coinciding with the pay periods as follows: One and one half percent (1.5%) T.E.A.M. Nebraska Training SOS Pilot Helicopter Spotters Narc Dog Handler Bomb Dog Handler Clan. Lab SRO $27.80 per pay period for 2001 ($722.74) $28.92 per pay period for 2002 ($751.87) $30.14 per pay period for 2003 ($783.74) • PAGE 105P Three p_ercent_(3% ERU Motorcycle Bomb Squad Helicopter Pilots *Bilingual • Mounted . Canine $55.60 per pay period for 2001. ($1.,445.60) $57.84 per pay period for 2002.:($1;503:8.4) $60.29 per pay period for 2003.($1,567.54) *Bilingual. If,an employee .speaks :a language other .than .English, ...includinq..sign lanquage for the deaf,:with :proficiency, as determined. by a test administered-.by.the Personnel Department, and such employee is specifically assigned and required to use such skills in the performance of his duties, he shall receive Specialty. Pay as.above: • This pay is contingent upon the Chief of Police specifically'assigning and requirinqthe •use ,of such skills;:however, in so doing, the Chief may not force an .employee to • change;shifts or sergeant's area in violation of Article 15 of this contract. $75.00 PER WEEK, WHEN ACTUALLY ASSIGNED A RECRUIT Field Training Officers (F..T.O.) This F.T.O. pay is limited to trained F.T.O.'s. Effective-Dece er 2-6, -1'9 99,ILicens signed te-he ail wing ll PAGE 106P ARTICLE 43 COMPENSATORY TIME An employee shall have the option of accruing compensatory leave time at a rate of one and one-half (11/2) times the actual hours worked in lieu of.the.payment.of overtime. Employees may accrue a maximum Of two hundred eighty (280) hours of compensatory time. The compensatory time off shall be taken at a time mutually agreed upon by the employee and his supervisor but must be taken within three months after the end of the calendar year in which it is earned. Any compensatory time remaining at the end of this period shall be paid for in cash. However, the employee retains the right to cash out his/her compensatory time at any time. It is understood that the usage of compensatory time is to be requested just like annual leave, and may.be denied as any other annual leave. Pursuant to Article 13, Section 15, for the purpose of determining the number of officers employees off on leave, comp time shall be considered as annual leave. For.purposes of this Article, time worked shall include court or call-in time. Any overtime, including holiday pay for time actually worked, court pay or call-in ,a pay is eligible to be selected by the officer employee. Any pay earned at straight time shall be placed in the employee's comp time bank at straight time; any pay earned at overtime rates shall be placed in the employee's comp time bank at time and one-half. PAGE 107P ARTICLE 44 WAGE SUPPLEMENT FOR CARD EMPLOYEES Effective--D Gember 2[i 9i,employees-workiirnrg underc.r the-6 rd. system will reee 1.25 f@-of t police officer pay nor month in addition to all other benefits provided by this Agreement. Effective-December222 999, e€mpIsyees wor i-R9-uner the card system will receive 1.5% of top police Top Police Officer base pay per month, in addition to all other benefits provided by the this Agreement. Those employees working under the card system shall be paid "card pay" by the CITY. Such employees shall receive an additional one and one half percent (1.5%) of the top Police Officer's base pay. The CITY shall pay this employee in equal increments, coinciding with the pay periods, as follows: $27.80 per pay period for 2001 ($722.74) $28.92 per pay period for 2002 ($751.87) $30.14 per pay period for 2003 ($783.74) PAGE 108P ARTICLE 45 CONTINUING NEGOTIATIONS Notwithstanding that this contract Agreement settles all issues of wages, hours, and working conditions for the years covered, the parties agree to negotiate during the term of this Agreement regarding the following issues: 1. a new "performance based" pay system; and 2. the utilization of one, or more, H.M.O. options to current health insurance coverage..-i and 3. the creation and implementation of a voluntary, minimum physical fitness standard which shall be graded according to the age of the officer employee. Furthermore, the parties agree to negotiate all pension benefits currently provided should Social Security become mandatory. The City CITY and the Union UNION agree to create procedures to jointly, strongly urge employees to give at least one (1) year notice of planned retirement. 1 PAGE 109P ARTICLE 46 TRADE TIME Subject to prior supervisory approval, and if allowed (without additional pay) under the Fair Labor Standards aAct, non-probationary employees within the same classification and shift, shall be allowed to voluntarily trade duty shifts. Supervisory approval shall. not be unreasonably denied. The City CITY shall not incur overtime solely as a result of the trade. Trades shall be in minimum increments of full shifts, and shall be on a temporary basis. Designated holidays shall be excluded. Written notification signed by both officers employees involved in the trade must be provided on a form supplied by the Omaha Police Department. All trades must be completed within the same calendar year. Trade time cannot be utilized more than four (4) times in a calendar year by any individual employee. At any time an employee leaves employment with the Police Department and becomes entitled to pay off of his accrued sick and/or annual leave, a determination shall be made by the City CITY of whether that employee owes another employee trade time pay back. Should it be determined that the employee owes trade time it is understood that such amounts will be withheld and paid to the City CITY. Employees shall, upon application for retirement, be required to sign an agreement reflecting the above. PAGE 110P ARTICLE 47 DURATION OF AGREEMENT This Agreement shall be and shall remain in full force and effect from and after December 28, 1997 December 24, 2000, until December 23, 2000 December 20, 2003, and thereafter for successive one (1) calendar year periods, unless one of the parties hereto on or before April 1st of any such year shall notify the other party hereto in writing of its desire to modify the same, or any part thereof. IN WITNES WHEREOF, the parties hereto have set their hands this day of l day of 6 , 4-998 2000 2001. OMAHA POLICE UNION LOCAL NO. 101 CITY f,F OMAHA Pi . 1 ii, / b 7"t" ( ' 1-, by Tim Andersen, President Hal Daub, Mayor and Chief Negotiator ATTEST: ‘,0"Akk, '- City Jerk of the Ci y-of Omaha APPROVED AS TO FORM: 1 Deputy City Attorn , , PAGE 111P APPENDIX A • AUTHORIZATION FOR PAYROLL DEDUCTION Omaha Police Union, Local No. 101 Effective I hereby request and authorize you to deduct from my earnings each payroll period an amount sufficient to provide for regular payment of the dues established by the Omaha Police Union, Local No. 101. The amount shall be certified by said Local Union and any changes in such amount shall be certified. The amount deducted shall be paid to the Omaha Police Union, Local 101. This authorization is revocable at any time upon giving written notice, pursuant to Article 3; Sectiion 5, to the Payroll Section of the Accounts and Finance Division of the City of Omaha, Nebraska. X Social Security No. / / (Employee's Signature) Print or Type Last Name First Middle Initial Date Card Signed Street Address City State Zip PAGE 112P APPENDIX B • G. CLASSIFICATIONS - POLICE BARGAINING UNIT 2001 Salaries: Effective December 24, 2000 (3.08% increase over 2000 salaries) Class Pay • Code Class Title Range T A B C D E F. 9010 Police Officer 1 UP-AN. 31,585 36,835 38,198 39,562 44,519 46,204 48,183 MO. 2,632.06 3,069.55 3,183.20 3,296.84 3,709.94 3,850.30 4,015.22. BW. 1,214.80 1,416.72 1,469.17 1,521.62 1,712.28 . 1,777.06 1,853.18 9030 Police Sergeant 7 UP-AN. -- -- -- 50,506 53,315 .56,125 MO. 4,208.84 4,442.92 4,677.08 BW. 1,942.54 2,050.58 2,158.65 9050 Police Lieutenant 9 UP-AN. -- -- -- 58,992 61,302 63,614 MO. 4,91.5.97. 5,108.47 5,301.15. BW. 2,268.91 . 2,357.76 2,446.68 • • 9070 Police Captain 11 UP-AN. -- -- -- 68;252 70,998 73,743 MO. 5,687.70 5,916.53 6,145.29 BW. 2,625.09 2,730.71 2,836.29 STEP PROGRESSION: - POLICE OFFICER Step Requirement "T" Initial Hire "A" 1 year at"T: "B" Six months at step "A" "C" Six months at step "B" "D" One year at step"C" "E" One year at step"D" "F" One year at step"E" POLICE SERGEANT, LIEUTENANT, AND CAPTAIN Step Requirement "D" Initial Promotion . "E" 6 months at step"D" "F" 6 months at step"E" • police bargaining 2001 pay plan.xls 5/4/01 • 1 PAGE 113P APPENDIX B G. CLASSIFICATIONS - POLICE BARGAINING UNIT 2002 Salaries: (4.03%increase over 2001 salaries) Class Pay , Code Class Title Range T A B C D E F 9010 Police Officer 1 UP -AN. 32,858 38,319 39,738 41,156 46,313 48,066 50,124 MO. 2,738.13 3,193.25 3,311.48 3,429.70 3,859.45. 4,005.46 4,177.04 BW. 1,263.75 1,473.81 1,528.37 1,582.94 1,781.28 1,848.68 1,927.86 9030 Police Sergeant 7 UP-AN. -- -- -- 52,542 55,464 58,387 MO. 4,378.46 4,621.97 4,865.57 BW. 2,020.83 2,133.22 2,245.65 9050 Police Lieutenant 9 UP-AN. -- -- -- 61,369 63,772 66,177 MO. 5,114.08 5,314.34 5,514.78 BW. 2,360.35 2,452.77 2,545:28 9070 Police Captain 11 UP-AN. -- -- -- 71,003 73,860 76,715 MO. 5,916.91 6,154.97 6,392.94 BW. 2,730.88 2,840.76 2,950.59. STEP PROGRESSION: POLICE OFFICER Step Requirement "T" Initial Hire 1 year at"T: "B" Six months at step"A" "C" Six months at step"B" "D" One year at step"C" "E" One year at step"D" "F" One year at step"E" POLICE SERGEANT, LIEUTENANT,AND CAPTAIN Step Requirement "D" Initial Promotion "E" • 6 months at step "D" "F" 6 months at step"E" police bargaining 2002 pay plan.xls 5/4/01 1 PAGE 114P • APPENDIX B G. CLASSIFICATIONS - POLICE BARGAINING UNIT 2003 Salaries: (4.24% increase over 2002 salaries) Class Pay . Code Class Title Range T A B CD E 9010 ' Police Officer 1 UP-AN. 34,251 39,944 41,423 42,901 48,277 50,104 52,250 MO. 2,854.23 3,328.65 3,451.89 3,575.12 4,023.09 4,175.29 4,354.14 BW. 1,317.34 1,536.30 1,593.18 1,650.06 1,856.81 1,927.06 2,009.60 9030 Police Sergeant 7 UP-AN. - -- -- 54,769 57,815 60,862 MO. 4,564.11 4,817.94 5,071.87 BW. 2,106.51 2,223.67 2,340.86 9050 Police Lieutenant 9 UP-AN. -- -- -- 63,971 66,476 68,983 , MO. 5,330.92. 5,539.67 5,748.61 BW. 2,460.43 2,556.77 2,653.20 9070 Police Captain 11 UP-AN. -- -- -- 74,013 76,991 79,968 MO. 6,167.79 6,415.94 6,664.00 BW. 2,846.67 . 2,961.20 3,075.69 STEP PROGRESSION: POLICE OFFICER Step Requirement "T" Initial Hire "A" ' 1 year at"T: "B" Six months at step"A" "C" Six months at step "B" "D" One year at step"C" "E" One year at step"D" "F" One year at step"E" POLICE SERGEANT, LIEUTENANT,AND CAPTAIN Step Requirement "D" Initial Promotion "E" 6 months at step"D" "F" 6 months at step"E" police bargaining 2003 pay plan.xls 5/4/01 1 PAGE 115P APPENDIX C HEALTH CARE BENEFIT SUMMARY Basic Benefits: Hospitalization: Full Semi-Private Charge. Full Intensive and Cardiac Care Charge. Full Payment of Miscellaneous Charges. Full Payment of Out-Patient Care for Accidents, Medical emergencies and minor surgery. Average Two-Bed Room charge toward Private Room. Benefit Period of 365 Days (except 30 for Nervous, Mental, Alcoholism, Drug Addiction, and T.B.). Medical-Surgical: Usual and Customary Charges Paid for Surgery, In-Hospital Visits, X-Rays and Pathology. ($100.00 per Membership Year Maximum on Out-Patient. Diagnostic X-Rays and Laboratory Procedures for Accidents and Illnesses, on unscheduled basis.) Benefit Period of 365 Days (except 30 for specified conditions). Maternity: Covered on same basis as any other confinement for both Mother and Baby. Usual and Customary charge, Maximum Benefit Allowance, including Pre and-PbstNatal Care, paid to Physician. Coverage provided for dependent wives enrolled under a family plan.and also for all enrolled female employees. Major Medical: $100 Deductible per Membership Year Maximum of Two Deductibles Required per Family. 80/20 Coinsurance, with maximum member share of $500, including Deductible, per membership year per covered person ($1,000,000 lifetime Maximum per covered person.) The parties have. .agreed to certain coverage changes and health care coverage structure.changes. These changes are set forth in Article 23, Sections 1 Qthrough 13. During the course of negotiations, the parties have discussed changing. the benefits schedule to the current.Blue Cross/Blue Shield Master Contract. The parties were not able to reach agreement on this .issue. If, at any time in the future, the UNION wishes to substitute the current Blue Cross/Blue Shield Master Contract with any mutually agreed upon endorsements for the above health insurance benefits summary, the CITY would agree to such substitution. 1 17= $Y 0 '3 0 12 %I a W Fr) CD C n I"' > c c n z _ z co7 1- 0 H c\ O 0 = 0 70 —. m 2 v z z z GI A rn C. cn. CD D () o. (D gu) o * ' o - vcna cuoxaorD3 _� C c CD . �� fD Di t= c •D D ( - O 0 � � CDa. mon2. On.. � C73 p CU a- • ri. <OOO O O N o �am- W oNq5 'b � = o � O nw A an rai o n = = CD r* fy W - 3 0) Q n o Z m ��z � �� rD� (1, 4� a rt °1 -11 °). O NCD O D (fp 6 =. 3Qtad a7lQ rr ry, (CD O fD (a = \. 03 as O (D O 5' , D (D rr`G O D = D'a (D Oi 3 3 f-+ 5 O co "a fD C Q r a O ', fD O in fD O lD (D O r) O O (D CD (n ' -h ry. (D . C (n a) O C O0 N 0 o. a) n pi (CD 1 (D cn O O a. rr CD rar (cn (-D Q CD I Di r-r N 71 = 1-, Ti Cu Ns CU 41. 1U I„it a rn t —I In - rn A a r\ ,_ ° c 4 A Nt4_ , t. , Z A .441_ 0 . te ` .Q. w 41 .. , ii.i . xi Ap � r \ \ 7C E * \ • \ Z \ ‘. N. V ..Y "NOTICE To P1,i1L1C- " THE DAILY RECORD The following Ordinance has been set for OF' OMAHA City Council hearing on May 22,2001, at 2:00 o'clock p.m., in the Legislative RONALD A. HENNINGSEN Publisher Chambers, Omaha/Douglas Civic Center, r 1819 Farnam Street, at which hearing all PROOF OF' PUBLICATION persons interested,may be heard. AN ORDINANCE to approve the Collective Bargaining Agreement between the City of UNITED STATES OF AMERICA, Omaha and Omaha Police Union Local 101; The State OfNebraska, AFL-CIO - I.U.P.A.; to provide that any District Of Nebraska, sg, ordinances of the City of Omaha and any rules and regulations promulgated County of Douglas, thereunder which are in conflict with the City of Omaha, provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the bargaining unit described JOHN P. EGLSAER in Article I, Section 1 of said Collective being duly sworn,deposes and saysthat he is Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to ADVERTISING MANAGER provide the effective date hereof. BUSTER BROWN, City Clerk J of THE DAILY RECORD,of Omaha,a legal newspaper,printed and �s_11-01 published daily in the English language,g having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on May 11, 2001 That > �►y�, one during that time was regularly published and in g �l i> do' in the County of Douglas, and State of Net. NER,,,...4.;Fco i i 17:-• 0 11 • ius •s FWOARY •••• . .. ....... •••- 444 1 fl igd i'SSION - y su in my prase and sworn w I I_XPiaty f If l T 17 A 0 , before me this day of ftt �q S Ma 01 ii 4%* ,76,$10�s S4Q� 0 nth'` OF NEB`�P= I.. Notary ...c In f glas County. State of Nebraska f .. "NOTICE TO PUBLIC- THE DAILY RECORD ORDINANCE NO. OF OMAHA AN ORDINANCE to approveve the the Collective Bargaining Agreement between the City of Omaha and Omaha Police Union Local 101; RONALD A. HENNINGSEN, Publisher AFL-CIO - I.U.P.A.; to provide that any PROOF OF PUBLICATION ordinances of the City of Omaha and any rules and regulations promulgated thereunder which are in conflict with the I UNITED STATES OF AMERICA, provisions of the Collective Bargaining Agreement shall i{bt be applicable`to those The State of Nebraska. employees in the bargaining unit described i District of Nebraska, as. inArticle I, Section 1 of said Collective i (aunty of Douglas, Bargaining Agreement; to provide City ofOmaha, authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof. JOHN P. EGLSAER SUMMARY: - AN ORDINANCE to approve the Collective being duly sworn,deposes and says that he is Bargaining Agreement between the City of Omaha and Omaha Police Union Local 101; AFL-CIO - I.U.P.A.; to provide that any r ADVERTISING MANAGER ordinances of the City of Omaha and any rules and regulations promulgated of THE DAILY RECORD thereunder which are in conflict with the �, ,of Omaha,a legal newspaper,printed and provisions of the Collective Bargaining published daily in the English language, having a bona fide paid Agreement shall not be applicable to those circulation in Douglas County in excess of 300 copies, printed in ein ryees in the bargaining unit described Omaha,in said County of Douglas, in Article I, Section 1 of said Collective i for more than fifty-two weeks last Bargaining Agreement; to provide past; that the printed notice hereto attached was published in THE I authorization for the Mayor to execute and the City Clerk-to rattest his signature; and to DAILY RECORD,of Omaha,on provide the effective date hereof. PASSED:June 5,2001, 7-0 APPROVED BY:' June 15, 2001 ' HAL DAUB 6/6/01 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, 6-15.01 City Clerk That s�,ti,;;� I aper during that time was regularly published and in . P 'a , N' ::,�on in the County of Douglas, and State of N N . :.. Ii ' ___....„(: —. ' !Ad onal el/ ";;'Y �,. bed in my p oe and sworn e *g aim .s - _ , 15th RES 2 .5; before me this ..day of ='rota $.... ....;.. June 0 afl % if, oort:i 20.. . . ii;sp•ti,rat 2,, @c'�Q� `� OF NEB Notary Pub for • S of Nebraska