STATEMENT OF AGREEMENT
FRATERNAL ORDER OF POLICE, LODGE #17
AND
CITY OF LITTLE ROCK, ARKANSAS
January 01, 2004 – December 31, 2007
TABLE OF CONTENTS
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II |
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III |
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IV |
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VII |
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VIII |
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IX |
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XI |
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XII |
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XIII |
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XVI |
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XVII |
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XVIII |
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XIX |
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XX |
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XXI |
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XXII |
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XXIII |
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XXIV |
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XXV |
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This Statement
of Agreement is entered into between the City Manager for the City of Little
Rock, Arkansas, (hereinafter referred to as the "City"), and the
Arkansas Fraternal Order of Police, Lodge #17 (hereinafter referred to as the
F.O.P.), and said Agreement shall be effective on the first day of January,
2004, unless otherwise provided herein.
The purpose of
this Statement of Agreement is to achieve and maintain harmonious relations
between the City of Little Rock and the F.O.P., Lodge #17; to provide for
equitable and peaceful processes and procedures for the resolution of differences;
to maintain a spirit of cooperation and a willingness to work together to best
serve this community; and to establish proper standards of wages, hours, and
other conditions of employment.
In this
Statement of Agreement, only the masculine gender is used for simplification;
it is understood that this Statement applies to all covered employees without
distinction of gender and without discrimination.
ARTICLE I
SECTION
1. The general purposes of this Statement of
Agreement are to:
(a) Establish wages, benefits, grievance procedures, and
other conditions of employment of represented officers of the Little Rock
Police Department;
(b) Provide for quality law enforcement and policing services
throughout the City's boundaries on an uninterrupted basis for the benefit of
the citizens of Little Rock;
(c) Assist in the amicable adjustment of labor disputes.
ARTICLE II
SECTION 1. The City recognizes the F.O.P., Lodge #17,
as exclusive representative agent for the employees within the unit covered by
this Agreement which shall include all commissioned officers of the rank of
Sergeant and below.
SECTION 2.
(a) A regular employee shall be an employee who has successfully
completed one year of service from his date of employment.
(b) A probationary employee shall be an employee who has not yet
completed one year of service from his date of employment, and shall be known
as a Police Recruit.
ARTICLE III
SECTION 1. This Statement of Agreement shall not be
affected, modified, altered, or changed in any respect by any change of
management form, or by any change of place of business by either party.
SECTION
2.
(a) The employer agrees to deduct monthly dues and assessments in
an amount certified to be correct by the Secretary of the F.O.P. from the pay
of those employees who individually request, by means of Payroll Deduction Card
Authorization, that such deductions be made.
In addition, the F.O.P. will be allowed to maintain its current number
of three (3) miscellaneous deductions.
The F.O.P. will be allowed a fifth deduction to address all future
requests for miscellaneous deductions.
(b) The employer agrees to remit the aggregate total dues
withheld by the City and an itemized statement to the F.O.P. within five (5)
days after such deductions are made.
(c) Each employee shall be permitted to withdraw the
authorization for withholding such dues and assessments by written notice
delivered to the City and to the F.O.P. from March 2nd through 10th, and
September 1st through 10th.
(d) Upon a promotion to a permanent rank not eligible for
representation by the unit, his payroll deduction authorization may be
immediately withdrawn by the employee.
SECTION 3.
(a) Upon giving five (5) days written notice, except when time
precludes, representatives of the F.O.P., Lodge #17, will be granted, by the
Chief of Police, time off with pay to conduct F.O.P. business. The time off will not exceed one thousand
(1,000) hours per year, so long as it does not interfere with operations of the
department. If at the end of the
calendar year any balance remains, no more than four hundred (400) hours will
be carried over into the next calendar year.
The Chief of Police may also grant additional time off in addition to
the F.O.P. leave balance for other activities.
(b) Business as stated above shall include but not be limited
to attendance at conventions, workshops, seminars, conferences, and official
functions which are a part of the everyday operation of the F.O.P.
ARTICLE IV
SECTION 1. The City of Little Rock possesses the sole
right to operate and manage the affairs of the City. Such management rights, except as may be modified or limited by
the express provisions of this Statement, include:
1. To determine the mission of the City government;
2. to direct the work force;
3. to hire and assign, (e.g., location, project, shift) and to
best provide service to the citizens of Little Rock; to discipline or discharge
employees for just cause;
4. to determine the methods, means and number of personnel
needed;
5. to carry out the public services of the City government;
6. to assign positions to the classification plan and to
allocate the grades assigned thereto;
7. to change existing methods of operation of facilities;
8. to introduce new or improved work methods or facilities;
9. to contract for goods or services; and
10. to take whatever actions may be necessary to carry out the
activities of the City government so long as they are not precluded by any
federal, state or local ordinances and the provisions of this Statement.
SECTION 2. Except as specifically abridged, delegated,
granted, or modified by this Statement of Agreement, or any supplementary agreements
that may be hereafter made, all the rights, powers and authority the City had
prior to this Statement of Agreement are retained by the City and remain
exclusively and without limitation within the rights of the City.
SECTION 3. The City and the F.O.P. specifically
recognize the necessity of continuous improvement in efficient and effective
police protection and services of the City of Little Rock, and each party to
this Statement of Agreement agrees to cooperate with the other in accomplishing
this result.
ARTICLE V
SECTION 1. The provisions of this Statement of
Agreement shall be applied equally to all employees without regard to: sex,
race, national origin, religion, age, a physical or mental disability.
SECTION 2. The City and the F.O.P. agree that no
employee will be interfered with or discriminated against concerning any term
or condition of employment by virtue of membership or non-membership in the
F.O.P.
ARTICLE VI
SECTION 1. The
F.O.P. or any employee may file a grievance, as hereinafter defined,
within thirty (30) days of said occurrence or awareness and shall be afforded
the full protection of this Statement of Agreement.
SECTION 2. The F.O.P. President, or his designee, may
report an impending grievance to the Chief of Police in an effort to forestall
its occurrence.
SECTION 3. A grievance shall be defined as any
controversy or dispute between the City and the F.O.P. or any employee
concerning the interpretation, enforcement, or application of any provision of
this Statement of Agreement. Such
grievances shall be settled in the following manner:
Step 1: An employee shall, with or without the
F.O.P. representative, first discuss a grievance with the employee's immediate
supervisor in an attempt to reach a satisfactory solution. In this step, the employee may choose to
submit the grievance orally or in writing.
The supervisors are encouraged to counsel with the employee and with
their supervisors in their review and handling of the situation. The supervisor's response to the employee and
the F.O.P. representative shall be within five (5) calendar days and shall be
in the same manner as the grievance received.
The majority of grievances shall be resolved at this step.
Step 2: If the grievance is not settled by the
provisions of Step 1, it shall be submitted in writing on the
appropriate form within five (5) calendar days from the receipt of the
supervisor's response, or lack thereof, in Step 1 to the F.O.P.
Grievance Committee, as provided for in the F.O.P. bylaws.
Within ten (10) calendar days, the F.O.P. Grievance
Committee shall determine, in their discretion and judgement, whether or not a
grievance exists as defined in Section 3 above.
(a) If the F.O.P. Grievance Committee finds
a grievance does exist, the procedure of Step 3 shall apply.
(b) If the F.O.P. Grievance Committee finds
a grievance does not exist, the employee may, within five (5) calendar days, at
his option, proceed to the appeal process as set out in the F.O.P. bylaws under
Grievance Committee.
Step 3. If the F.O.P. Grievance Committee finds a
grievance does exist, the Committee, or Committee and employee shall forward
the grievance, within five (5) calendar days, to the Chief of Police for
settlement. The grievant and the Chief,
or his designee, shall have a right to a conference at this step at which the
employee shall have the right to the F.O.P. representative of his choice. A copy of the grievance shall be sent to the
City Human Resources Director.
Step 4. The Chief of Police shall submit his answer,
in writing, to the employee involved, and the F.O.P. Grievance Committee and
the City Human Resources Director, within ten (10) calendar days. If the grievance has not been settled at
this step, it shall be sent to the City Manager within seven (7) calendar days
for settlement.
Step 5. The City Manager or designee shall submit an
answer to the Chief of Police, the employee involved, and the F.O.P. Grievance
Committee within seven (7) calendar days.
The City Manager's decision shall be final; however, this shall in no
way abridge or compromise the right of the F.O.P. or any employee to seek
relief in a court of competent jurisdiction.
This does not govern appeals of disciplinary actions to the Civil
Service Commission.
SECTION 4. The City and the F.O.P. agree that no
officer will be interfered with or discriminated against concerning any terms
or conditions of employment because of filing and/or processing a grievance.
ARTICLE VII
SECTION 1. The City and the F.O.P. agree to meet upon
request of either party at a mutually convenient time to discuss any and all
subjects of concern to the Police Officers affected, the F.O.P., and the Little
Rock Police Department or the City government, together with any other matters
which may improve the relationship between the City and its employees. While specific management rights may be the
subject of a Meet and Confer, it is understood that suggested modifications are
not binding and that management's decision is final. Individual grievances will not be dealt with in these
meetings. The meeting shall be held
during normal working hours on the City's premises without loss of pay to the
employees involved.
SECTION 2. The City and the F.O.P. agree to limit the
number of representatives for Meet and Confer sessions to not more than five
(5) participants each.
SECTION 3. Such meetings will normally be conducted by
the Chief of Police or his designated representative. On occasions, where matters of Citywide policies are concerned,
the City Manager or his designee may be invited to participate.
After the conclusion of a
Meet and Confer Session, the F.O.P. shall cause to be published a record of the
items discussed, the progress on these and other items of interest, as well as
any agreement on items or any other news and will present the finished report
for the review of the Chief of Police.
The report must be an
accurate account of the Meet and Confer Session and will be signed by the Chief
of Police, the F.O.P. President, and the Chairman of the Meet and Confer
Committee.
SECTION 4. Nothing in this article shall prohibit the
F.O.P. from meeting with Division or Watch level supervisors in order to discuss
matters of mutual concern.
article VIII
SECTION 1. "Seniority" is defined as
continuous service as a sworn officer with the Little Rock Police Department
within each job classification (hereinafter referred to in this article as
"rank"). Seniority shall
accrue from the first day of the most recent date of hire as a sworn
officer. However, until the initial
employment probation is completed, the employee shall not attain seniority
status.
SECTION 2. Seniority shall be determined as between two
(2) or more employees by highest rank.
When two (2) or more employees are of the same rank, seniority shall be
determined by length of service within the rank. As between two (2) or more employees of the same rank who have
the same length of service in said rank, seniority shall be determined by
length of continuous service as a police officer with the Little Rock Police
Department. If, after the application
of the criteria set forth in this section, there still remains a question as to
seniority between two (2) or more officers, then, and in that event, seniority
shall be determined between them by the highest grade ranking in their Police
Academy Class.
SECTION 3. Seniority shall be the dominant factor to be
considered by the Chief of Police in determining the priority of each employee
with respect to:
(a) Time when annual vacation is granted [however, an employee
may not bump another employee out of scheduled vacation day(s) within thirty
(30) days of that employee's scheduled vacation day(s)].;
(b) The additional days off under Article X, Section 3;
(c) Order of layoff and recall as set forth in Article IX.
SECTION 4. Seniority shall also be a factor to be
considered by the Chief of Police in determining job assignments.
Further, the City will consider
seniority in the assignment of officers to career development courses. Exceptions to the above will be made where
impractical due to skill level of officers, or where special working conditions
exist which would preclude certain officers from working specific shifts,
substations, or days, or when considering manning levels.
SECTION 5. Seniority shall be lost upon the occurrence
of any of the following events:
(a) Discharge
(b) Resignation
(c) Retirement
(d) Unexcused failure to return to work upon expiration of a
leave of absence
(e) When an employee has been laid off for a period of more than
18 months.
article ix
SECTION 1. In the event it becomes necessary to lay off
employees for any reason, employees shall be laid off in the inverse order of
their seniority by job classification.
SECTION 2. When an employee is laid off due to
reduction in the work force, he shall be permitted to exercise his seniority
rights to bump or replace an employee with less seniority. Such employee may, if he so desires, bump
any employee in a lower classification under the following conditions:
(1) He has more seniority,
(2) He can do the available work,
(3) Such bump request is initiated within five (5) workdays of
the date the employee receives notice of layoff.
SECTION 3. Employees shall be recalled from layoff
according to their seniority within their job classification. Recall rights shall not exceed 18 months.
SECTION 4. Notice of recall shall be sent to the employee
at his last known address by certified mail.
If the employee fails to notify the Office of the Chief of Police within
five (5) calendar days after receipt of such recall notice that the employee
intends to return and if the employee after giving such notice of intent to
return fails to be available to return to work within fourteen (14) calendar
days after receipt of such notice, such employee shall be deemed to have quit.
SECTION 5. No new employee shall be hired into a
classification until all employees, who are on a layoff status from that
classification, have been offered recall.
article x
SECTION 1. Employees shall accrue six (6) hours and ten
(10) minutes of Sick Leave per pay period (the equivalent of twenty (20) days annually),
with a maximum allowable accumulation of one thousand six hundred (1,600) Sick
Leave hours.
Upon
separation of employment from a sworn position, employees shall be compensated
in cash at the basic rate of hourly pay for any unused Sick Leave up to seven
hundred twenty (720) hours in the event of retirement or death. For the purposes of this Article, retirement
shall be defined as completion of twenty (20) years of service with the Little
Rock Police Department.
SECTION 2. Sick Leave may be used for personal illness
or injury, and medical, dental or optical examinations. It may also be used for pregnancy or any
related disabilities.
SECTION 3. The employee must notify a supervisor within
his Division of any illness from the first day of absence, unless instructed
otherwise by the supervisor.
During an extended
illness, the employee must inform his supervisor every two (2) weeks of the
status of such extended illness as long as the employee is physically able to
do so. This time may be lengthened by
the supervisor.
Employees who require more
than a three (3) day absence may be required to provide the Department with a
physician's statement indicating length of disability and dates of
treatment. Evidence of Sick Leave
abuse, such as discernible patterns of absences or actions inconsistent with
illness or injury will justify reasonable investigation, which may result in
the employee being required to provide a physician's statement indicating
length of disability and dates of treatment.
It may further result in disciplinary action, if warranted.
Any employee absent from
work more than ten (10) working days in excess of the normal and usual
convalescence time established by the Professional Activity Study may be
required to see the City's physician for an evaluation and a release to
work. The Professional Activity Study
is a report by the Commission on Professional and Hospital Activities which
shows average length of stay statistics by diagnosis and operation. The City shall bear the cost of such examination.
SECTION 4. Employees who exhaust all Sick Leave and
require more leave shall be granted any other available leave.
SECTION 5. Sick Leave may be used for illness or
disability requiring hospitalization or emergency treatment in the employee's
immediate family. Immediate family is
defined as mother, father, spouse or children, either natural, adopted or for
whom the employee has legal guardianship, or stepchildren living with the
employees. Such leave shall be limited
to forty (40) hours per year, and shall be deducted from the employee's
accumulated Sick Leave.
SECTION 6. Employees who are on Sick Leave (Sick
Personal/Sick Family) shall not participate in any activities which may delay
return to work or aggravate the existing injury/illness.
ARTICLE XI
Application for On-the-Job
Injury Leave shall be made as established by Procedural Guidelines on
Injury/Sick Leave report.
An employee who suffers an
illness/injury while on or off duty, in the performance of his job within the
scope of law enforcement, will receive his full salary for a period of six (6)
months from the time of the first absence caused by the illness/injury. Prior to the expiration of this period, a
City designated physician or one acceptable to the City shall make a
determination of the degree of disability.
If the employee has a permanent inability to perform the essential
functions of a police officer, he may apply for disability retirement and will
be separated from the City's employment upon final determination by the City of
Little Rock Pension Board. An
illness/injury suffered while performing duties for any other employer must be
filed with that employer's Workers' Compensation plan and so noted on a claim
filed with the City's plan.
If the diagnosis results
in the determination that the employee will be able to return to work within
the second six (6) months, he shall continue to receive his full salary.
The contracted Workers'
Compensation service company will furnish any salary continuation benefit
checks to the City. That check will be
distributed to the affected employee along with the payroll check for the
balance of the employee's regular payroll amount. These checks shall be issued on a regular payroll date. Under no circumstances will the combined
checks exceed the employee's regular amount as set forth in Arkansas Workers'
Compensation statutes.
None of the employee’s
accrued leave shall be charged while the employee is disabled during the twelve
(12) month period. If it is determined
that the illness/injury was not job related, all absences related to that
incident shall be charged against the employee's accrued leave retroactively.
During the eleventh (11th)
month of disability, a City designated physician or one acceptable to the City
shall make a determination of the degree of disability. If the employee has a permanent disability
preventing his return to work, he may apply for disability retirement and will
be separated from the City's employment upon approval of disability by the Pension
Board, but not later than the end of twelve (12) months from the last day
worked.
If the diagnosis results
in the determination that the employee will be able to return to work within
the next twelve (12) months, he shall be kept on payroll and receive only
Workers' Compensation payments. The
employee may supplement these payments with any available leave time. At the time of the twenty-forth (24th)
month, the employee shall either return to full duty status or be separated
from the City's employment.
Medical costs relating to
the On-the-Job Injury shall be covered by Workers' Compensation.
At any time during the
period for which the City or Workers’ Compensation provides compensation, the
employer may order, at the City's expense, physical, medical or psychological
examinations of the injured employee to determine the degree of
disability. The type of examination
required shall be based on the nature of the illness/injury and the symptoms
causing continued absences. If after
administrative review it is determined that the employee is able to return to
work, a date will be set for that employee to return to work. Employees who have been determined able to
return to work and fail to do so shall be terminated. Employees failing to submit to such examination shall be
terminated.
Recurring leave of absence
relating to a previous injury shall be considered one and the same injury, if
the injury occurs within 365 days, subject to administrative analysis and
diagnosis of the injury reported by the attending physician. However, if recurring leave relating to a
previous injury is required after one year (365 days) from the date of release
and return to work, such leave will be treated as a new injury case.
Employees
who are on injury leave shall participate only in activities that are expressly
permitted by the attending physician.
They shall not participate in activities causing a delay in their
recovery.
article xiI
SECTION 1. Death in
Family. In the event of a death in the immediate
family of an employee, the employee shall be granted up to three (3) days off
with pay at the time of the emergency.
Immediate family shall be defined as:
spouse and children, mother, father, brother, sister, grandchildren and
grandparents of the employee and the employee's spouse.
SECTION 2. Funeral Leave shall not accrue for
carryover.
SECTION 3. The City agrees to pay funeral expenses
which exceed the amount paid by Workers' Compensation, to a maximum of four
thousand dollars ($4,000), for officers who lose their lives in the line of
duty.
article xiiI
Vacation leave will be earned according
to Arkansas State Statute 14-52-106.
Employees will accrue the equivalent of fifteen (15) days annually. Employees shall accrue four (4) hours and
thirty-seven (37) minutes of Vacation Leave per pay period.
Vacation leave may be accumulated;
however, a maximum of thirty (30) days may be carried over to the next
year. Before vacation leave can be
granted, employees will be required to exhaust all their accumulated
Compensatory Time over eighty (80) hours.
article xiV
A suspension may be
delayed at the discretion of management up to, but not to exceed, ten (10)
calendar days.
An employee may request in
writing to forfeit accrued vacation leave on a day for day basis in lieu of
serving the suspension. Forfeiture of
leave may not exceed five (5) vacation days in a calendar year. Such substitution shall be at the discretion
of the Chief of Police.
The pay progression date
will not be adjusted based on the number of days of the suspension. The pay progression date will be adjusted
for any unpaid leave of absence.
ARTICLE XV
overtime
compensation/compensatory
time (O.T./C.T.)
SECTION 1. The City agrees to
pay time and one-half for all authorized time worked in excess of the forty
(40) hour workweek. Sick Leave shall
not be considered as time worked.
By written notification,
the employee shall select whether payment for overtime will be made in dollars
or Compensatory Time.
SECTION 2. Compensatory Time may be accrued to a
maximum of one hundred twenty (120) hours.
Once one hundred twenty (120) hours of Compensatory Time have been
accrued, Management has the option to either grant Compensatory Time or dollars
for time worked in excess of forty (40) hours in a workweek. Every effort will be made to grant employees
time off in a reasonable period of time without unduly disrupting departmental
operations.
An employee who has
accrued Compensatory Time shall, upon termination of his employment, be paid
for all accrued, unused Compensatory Time at the employee's final regular rate
of pay.
SECTION 3. The City shall pay
each officer time and one-half for all required court appearances, other than
during regularly scheduled duty hours.
The employee shall select whether payment for such court overtime shall
be paid in dollars or Compensatory Time by written notification. A minimum of two hours for job required
court appearances or municipal, state circuit court, juvenile court, federal
district court, parole revocation, mental commitment, Civil Service Commission
hearing appearances, and grand jury shall be applied when calculating said
court time. Civil and chancery court
appearances which are a result of a person's employment with the City shall
also be included in this section.
article xvI
holidays and discretionary days
SECTION 1. The parties agree to be bound by Arkansas
State Law with respect to the payment of holiday pay for the duration of this
contract.
SECTION 2. Holiday
Premium Pay. The City agrees to pay holiday premium pay
equivalent to seven (7) days pay. A
daily rate of pay shall be computed by dividing the base pay, including holiday
pay, by 260. Compensation shall be
combined for Holiday Premium, Education Incentive, and Longevity pay in two (2)
payments in June and December.
SECTION 3. If an employee's employment date is before
July 1, he will receive discretionary days (DD's) during the current
calendar year. If an employee's employment
date is on or after July 1, he will receive discretionary days at the beginning
of the next calendar year.
SECTION 4. All employees with five (5) to fifteen (15)
years of continuous service shall be granted five (5) discretionary days off
per year.
SECTION 5. All employees with fifteen (15) or more
years of continuous service shall be granted six (6) discretionary days off per
year.
article xvII
SECTION 1. The City shall furnish uniforms for its
uniformed officers at no charge to the officer.
SECTION 2. Each nonuniformed officer is to receive as a
payment for clothing allowance seven hundred ($700) per year payable quarterly.
ARTICLE xviII
career
development/
EDUCATION INCENTIVE PAY (EIP)
SECTION 1. The City and the F.O.P. agree to work
together toward improving the method in which officers are identified and
prepared for advancement within the Little Rock Police Department.
SECTION 2.
EDUCATIONAL INCENTIVE PLAN (E.I.P.) - It being recognized that the demands
of police work in today's society require officers who are articulate, trained
in human behavior and sensitive to a variety of human dynamics, the City and
the F.O.P. agree that it is in the Little Rock Police Department's best
interest to provide incentives for officers to seek to further their
educational attainment levels.
SECTION 3. The following schedule of the E.I.P. is for
those employees who were qualified to participate in the plan as of December
31, 1990, and formally elected to be compensated as described:
CERTIFICATE COLLEGE $ PER
LEVELS CREDITS
ADDITIONAL CREDITS MONTH
Basic 0 0 $
0
General 0 + 1 yr. + 3
hrs. related
studies (exc. English) $ 20
Intermediate 6 hrs.
+ 6 hrs. related studies $ 50
(English)
Advanced 15 hrs. 0 $ 75
Senior 45 hrs. 0 $100
Related studies shall be
determined by the Chief of Police.
Predetermination of job related courses may be requested prior to
enrollment. No additional employee can
enroll in this plan.
SECTION 4. The following schedule is for all employees
covered by this Statement of Agreement:
COLLEGE
HOURS # OF YEARS WITH DEPARTMENT $ PER MONTH
Less than 15 Less
than 2 Years $ 0
15 through 30 2
Years $ 20
31 through 63 3
Years $ 50
Associate's Degree 3 Years $
75
or 64 through 123
Bachelor's Degree 4 Years $100
or 124 Hours
Graduate Degree 10
Years $125
SECTION 5. Eligibility for E.I.P. payments will require
the officer to furnish to the Human Resources Department, through the Chief of Police,
the obtained Minimum Standards Certificate and/or documentation of satisfactory
completion of accredited college hours.
Application for E.I.P.
payments must be submitted by the 10th of the month to be counted for
eligibility.
SECTION 6. Compensation shall be combined for Holiday
Premium, Longevity and E.I.P. payments in two (2) payments to be received in
June and December.
article xix
SECTION 1. The City will provide medical insurance at
no cost to the employee. For the
duration of the Statement of Agreement, the City will pay $100 per month toward
the cost of family medical coverage.
SECTION 2. The City agrees to consult with the F.O.P.
prior to changing insurance carriers or making benefits changes to the plan.
SECTION 3. The City and the F.O.P. agree to work
together through a joint committee to attempt to educate all employees on
proper health insurance utilization and cost containment methods. The parties will jointly gather and research
new cost containment measures, and whenever possible shall work diligently to
implement such measures pursuant to other relevant provisions of this
Agreement.
SECTION 4. The City will provide, at no cost to the
employee, a $25,000 life and $25,000 Accidental Death and Dismemberment insurance on each employee from the first
day of hire.
SECTION 5. The City will provide dental insurance at no
cost to the employee. For the duration
of the Statement of Agreement, the City will pay $6 per month toward the cost
of dependent dental coverage.
SECTION 6.
The City may implement a Cafeteria or Flexible Benefits Plan during the
term of this agreement. However, the
purchase or sale of any benefits under such plan are at the employee’s option.
ARTICLE XX
INTERNAL
AFFAIRS INVESTIGATIONS
The F.O.P. in this article
recognizes the necessity for internal affairs investigations to be under the
control of Management. Management
recognizes the necessity to conduct investigations in a proper confidential
manner, in accordance with rules and regulations established by the Civil
Service Commission.
All complaints will be
signed by the complainant or investigations may be ordered by the Chief of
Police. The City will ensure due
process requirements are recognized and met, including all constitutional
rights under current U.S. Supreme Court decisions, and the officers will be
treated in a fair, dignified and humane manner.
article xxi
manpower utilization and productivity
The City and the F.O.P.
agree to cooperate to promote productive utilization of manpower and equipment
to best secure for the Board of Directors and the citizens of Little Rock the
maximum productivity for the tax dollars that they invest in police services.
article xxIi
SECTION 1. In the event any article, section or portion
of this Statement of Agreement should be held invalid and unenforceable by any
court of competent jurisdiction, such decision shall apply only to the specific
article, section, or portion thereof specifically held invalid in the court's
decision; and upon issuance of such a decision, the City and the F.O.P. agree
to immediately negotiate a substitute for the invalidated article, section, or
portion thereof.
SECTION 2. Any article, section, or portion that is
found to be in conflict with any existing or future city, state or federal law,
statute or ordinance shall be subject to renegotiation in order to bring that
article, section or portion into compliance with the law, statute or ordinance.
article xxiIi
Employees of all ranks will
receive a longevity bonus amounting to:
Five (5) dollars per month for each year of service up to
and including the fifteenth (15th) year.
Six (6) dollars per month for each year of service from
the sixteenth (16th) year through the completed twenty-fifth (25th) year.
Compensation shall be combined for Longevity, Holiday
Premium, Education Incentive pay in two (2) payments to be received in June and
December.
article xxiV
The City will furnish the
F.O.P. bulletin board space in each division for the posting of F.O.P.
notices. The City will provide the
F.O.P. with requested documents in compliance with the FOI Act.
The City will assist the
F.O.P. in establishing e-mail contacts with its members. Meeting notices and other notices can be
transmitted through the City's e-mail system provided the Police Chief approves
the content of such notices.
The City agrees to share
the cost equally with the F.O.P. for the copying of 600 miniature copies of the
Statement of Agreement.
article xxV
term
of agreement and impasse procedure
SECTION 1. The City and the F.O.P. have, by these
present, reduced to writing the Agreement entered into by the City and the
F.O.P.
SECTION 2. This Agreement shall be effective as of the
first day of January, 2004, and shall remain in full force and effect through
the 31st day of December 2007, unless reopened by mutual agreement.
SECTION 3. Absent express, written consent of both
parties to extend this Agreement, this Agreement shall expire on
December 31, 2007. Expiration renders the agreement in its
entirety null and void. Should they
elect to do so, the parties may by express written consent extend this
Agreement, in whole or in part, beyond December 31, 2007. This Agreement shall
not be extended in whole or in part, unless both parties expressly consent in
writing that it shall be extended.
Neither this Agreement nor any specific provision contained herein shall
be extended by implication.
SECTION 4. Whenever rates of pay, wages or any other
matter requiring appropriation of monies by the City are included as matters of
negotiations, it shall be the obligation of the F.O.P. to serve a written
notice of request for negotiation sessions on the City at least one hundred
twenty (120) days before December 31, 2007.
SECTION 5. It shall be the obligation of the City and
the F.O.P. to start negotiations within two (2) weeks after Labor Day, prior to
the expiration of the Agreement.
SECTION 6. In the event of an impasse in negotiations
between the City and the F.O.P., both parties will appeal to the Federal
Mediation and Conciliation Service for mediation to assist in reaching a
voluntary resolution of the impasse.
The appeal will be made within three (3) days after either party
notifies the other in writing that an impasse exists.
The City and the F.O.P.
shall try to resolve the impasse through mediation within thirty (30)
days. This time period may be extended
by mutual written consent.
SECTION 7. If an impasse continues fifteen (15)
calendar days after mediation, either party may, by written notice to the
other, request fact finding.
The fact finding procedure
shall be conducted by a fact finder to be selected by the City and the F.O.P.
within seven (7) calendar days after notice has been given.
If the parties fail to
agree on a fact finder, the Federal Mediation and Conciliation Service shall be
requested by both parties to provide a panel of five (5) fact finders. Both, the City and the F.O.P., shall have
the right to strike two (2) names from the panel, with the requesting party
initiating the process of striking. The
remaining person shall be the fact finder.
The fact finder shall
transmit his findings of fact and any recommendations for the resolution of the
dispute to both parties within ten (10) days after he is selected.
If the dispute remains
unresolved five (5) days after the transmittal of the findings of fact and
recommendations, the fact finder shall publish the findings of fact and any
recommendations for public information.
The cost of the fact
finder shall be shared equally by the City and the F.O.P.
The effective date of this
Statement of Agreement shall be January
1, 2004, except as otherwise provided.
The negotiating teams for
the City of Little Rock and the Fraternal Order of Police consisted of the
following persons:
CITY
OF LITTLE ROCK FRATERNAL ORDER OF POLICE
LODGE #17
_________________________________ _______________________________
DON FLEGAL JOHN GILCHRIST
DIRECTOR OF HUMAN
RESOURCES CHIEF
NEGOTIATOR
_________________________________ _______________________________
DAVID ROWAN JAMIE JOHNSON
ASSISTANT POLICE CHIEF NEGOTIATOR
_________________________________ _______________________________
CARLOS CORBIN MARK KNOWLES
ASSISTANT POLICE CHIEF NEGOTIATOR
_________________________________ _______________________________
STACEY WITHERELL ERIC HINSLEY
EMPLOYEE SERVICES
MANAGER NEGOTIATOR
SALARY SCHEDULE, SHIFT DIFFERENTIAL PAY
AND FIELD TRAINING OFFICER PAY
POLICE
OFFICER
|
|
Step 1 Entry |
Step 2 1 Year |
Step 3 2 Years |
Step 4 3 Years |
Step 5 4 Years |
Step 6 5 Years |
Step 7 7 Years |
Step 8 9 Years |
|
01/01/04 |
30,000 |
32,559 |
36,049 |
39,069 |
40,748 |
42,432 |
43,002 |
43,875 |
|
01/01/05 |
30,900 |
33,536 |
37,130 |
40,241 |
41,971 |
43,705 |
44,292 |
46,069 |
|
01/01/06 |
32,136 |
34,878 |
38,616 |
41,851 |
43,650 |
45,453 |
46,063 |
47,912 |
|
01/01/07 |
33,421 |
36,273 |
40,160 |
43,525 |
45,396 |
47,271 |
47,906 |
49,828 |
POLICE
SERGEANT
|
|
Step 1 Entry |
Step 2 1 Year |
Step 3 2 Years |
Step 4 3 Years |
|
01/01/04 |
47,002 |
48,564 |
49,225 |
49,306 |
|
01/01/05 |
48,412 |
50,021 |
50,702 |
51,771 |
|
01/01/06 |
50,349 |
52,022 |
52,730 |
53,842 |
|
01/01/07 |
52,363 |
54,102 |
54,839 |
55,996 |
SHIFT
DIFFERENTIAL
A shift differential of ten cents ($.10) per
hour will be paid for all hours worked by an employee when a majority of the
employee's regularly scheduled shift hours occur after 3:00 p.m.. and before
11:00 p.m. A shift differential of
twenty cents ($.20) per hour will be paid for all hours worked by an employee
when a majority of the employee's regularly scheduled shift hours occur after
11:00 p.m. and before 7:00 a.m. Shift
premiums will be paid for hours worked during the shift except for work
performed as overtime work or work performed earlier than an employee's normal
shift. Shift premiums will not be paid
for any paid time off.
FIELD
TRAINING OFFICER (FTO) PAY
The FTO pay will be
paid at the rate of one (1) hour per shift.
FTO's will only receive the additional pay for time actually spent
training probationary Police Officers.
LETTER
OF UNDERSTANDING
The City and the
FOP agree that after the City obtains the actuarial data from Arkansas Local
Police and Fire Retirement System (LOPFI) regarding the cost of adding the
LOPFI Benefit Program Two. That they
will meet and consider adding this program for the eligible Police Department
members during the second, third or fourth year of the 2004-2007 Statement of
Agreement.
It is understood
and agreed that the increased cost for this benefit improvement will be funded
with a corresponding decrease in the salary schedules.
________________________ ________________________
Don
Flegal Date
Director
of Human Resources
________________________ ________________________
John
Gilchrist Date
Fraternal
Order of Police
LETTER OF UNDERSTANDING
The City and the Lodge #17 of the
Fraternal Order of Police (F.O.P.) agree that during the term of the 2004-2007 Statement
of Agreement, that the City will bid the shifts and days off within the Patrol
Division of the Police Department within the first thirty-six (36) months of
the contract. When shifts and days off
are bid seniority will be given consideration for Police Officers after the
City determines the numbers of senior officers, K-9 Officers, Field Training
Officers, and any other special group of officers are to be assigned to each
shift and squad.
It is further understood and agreed that
when the Chief of the department determines that it is necessary to make any
changes to the assignments of employees to shifts and days off during this bid
process or at any other time that the Chief in his sole discretion may make
such assignments and his decision shall be final.
__________________________________ ________________________
Little
Rock Police Department Date
Assistant
Chief Carlos Corbin
__________________________________ ________________________
John
Gilchrist Date
Fraternal
Order of Police
__________________________________ ________________________
Don
Flegal Date
Director
of Human Resources