ORD 35602 - Collective bargaining agmt with police union local 101 ° �a�oF`1 �� RECEIVED
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Personnel Department
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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.
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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