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HomeMy WebLinkAboutResolution 2012-050 MOU with MPOAMARANA RESOLUTION NO. 2012-50 RELATIN�'r TO THE POLI�E DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANIDUM OF UNDERSTANDING BETWEEN THE TOWN OF I�7ARANA AND THE MARANA POLICE OFFICERS' ASSQCIATION RELATING TO WAGES, HOURS AND WORKING CONDITIONS FQR THE TIME PERI4D OF JULY l, 2012 THROUGH JUNE 30, 2014 WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Tawn and its public safety employees; and WHEREAS the well-being and morale of public safety employees of the Town are benefited by providing an opportunity to participate in the formulatian of policies and practices affecting the wages, hours, and warking conditions of employment; and �VHEREAS the Town and the Marana Police Officers' Association, through their representatives, met and conferred in good faith pursuant to the meet and canfer process outlined in Section 4-1-8 of the Marana Town Code in order ta reach agreement concerning wages, hours and working canditions af public safety employees; and WHEREAS the Town and the Marana Police Officers' Association have reached an impasse in discussions as described in Section 4-1-8{F)(5) ofthe Marana Town Code; and WHEREAS pursuant to Section 4-1-8(F}(5} of the Marana Town Code the Town Council has the authority to accept, reject or modify areas of agreement between the parties and to take whatever action the Council feels appropriate with regard to any areas in dispute; and WHEREAS final action of the Town Council shall constitute the memorandum of understanding between the parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII.OF THE TOWN OF MARANA, ARIZONA, AS F4LLOWS: SECTION l. The Town Council hereby appraves the memorandum of understanding between the Town of Marana and the Marana Police Officers' Association attached to and incorporated by this reference in this resolution as E�ibit A. Marana Resolution No. 2012-50 SECTION 2. The Town's Manager and staff are hereby directed and authorized ta undertake all other and further tasks required or beneficial to implement the terms and conditions of the memorandum of understanding. FASSED ANL7 ADOPTED BY THE MAYOR AND �OUNCIL 4F THE TOVVN OF l��ARANA, ARIZONA, this 19�' day of 7une, 2012. !/v� `�� Mayor d Honea ATTEST: / , �� /' �� � �/L.L_/�� � �I'• - �: • • �� / AS TO FORM: G'z; � y; Town t�t1 i ������ ����'� �� � �� !'� ��� ;�������s�������� � �,�� �,flR�Dfi��-��� � � � � . � � � � _ � ��� � � , � d8 � ���� � ����������� � �������� � ��`�������`��°�� Marana Resolution No. 2012-50 Exhibit'�A�� MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AN D TH E MARANA POLICE OFFICERS' ASSOCIATION JULY 1, 2012 - JUNE 30, 2014 TABLE OF CONTENTS TABLE OF CONTENTS " .................................................................................................. ii PREAMBLE...............................................................................................................•---..1 ARTICLE 1; PURPOSE; DEFINITIONS ..........................................................................1 Section1-1: Purpose ..................................................................................................1 Section1-2: Definitions ...............................................................................................1 Section1-3: Gender ....................................................................................................3 ARTICLE2; RECOGNITION ........................................................................................... 3 Section2-1: Recognition .............................................................................................3 ARTICLE 3; MANAGEMENT RIGHTS ............................................................................ 3 Section 3-1: Management Rights ................................................................................3 ARTICLE 4; ASSOCIATION RIGHTS .............................................................................5 Section 4-1: Association Rights ..................................................................................5 Section4-2: Employee Rights .................................:...................................................8 ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS.......10 Section 5-1: Non-exclusive Remedy .........................................................................11 Section 5-2: Informal Grievance Review Procedures ...............................................11 Section 5-3: Conference Board; Conference Board Procedures ..............................13 ARTICLE 6; WAGES AND BENEFITS ..........................................................................14 Section6-1: Wages ..........................•--•.....................................................................14 Section 6-2: Special Assignment Pay .......................................................................15 Section 6-3: Dispatcher In Charge (DIC) ..................................................................15 Section6-4: Overtime ...............................................................................................16 Section6-5: Court Pay ..............................................................................................16 Section6-6: Jury Duty ...............................................................................................16 Section6-7: Call-out Pay ..........................................................................................16 Section 6-8: Shift Differential Pay .............................................................................17 Section 6-9: On-Call Assignments; On-Call Pay .......................................................17 Section 6-10: Canine Maintenance Pay ....................................................................17 Section 6-11: Wage Re-opener .................................................................................18 ARTICLE 7; WORKING CONDITIONS .........................................................................18 Section7-1: Shifts .....................................................................................................18 Section7-2: Leaves ..................................................................................................18 Section 7-3: Payment of Sick Leave at Death ...........................................................19 Section 7-4: Uniform, Clothing and Equipment .........................................................19 Section 7-5: Alternative Work Assignments/Light Duty .............................................19 Section 7-6: Take-Home Vehicles .............................................................................19 ARTICLE 8; STRIKES AND WORK INTERRUPTION ...................................................20 ARTICLE 9; MISCELLANEOUS ....................................................................................20 Section9-1: Saving Clause .......................................................................................20 Section9-2: Seniority ................................................................................................20 Section 9-3: Term and Effect of MOU ....................................................................... 22 � PREAMBLE Whereas the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and Whereas the well-being and morale of the police employees of the Town are benefited by providing an opportunity to participate in the formulation of policies and practices affecting the wages, hours, and working conditions of their employment; and Whereas the parties desire to have an informed workforce and acknowledge that establishment of a formal procedure for communications between the Town and police employees can improve the operations of town government; and Whereas the parties hereby acknowledge that the provisions of this Memorandum of Understanding (hereinafter "MOU") are not intended to abrogate the authority and responsibility of the Town government provided for under the statutes of the State of Arizona or the charter or ordinances of the Town; and Whereas th faith pursuant to concerning wages, and : parties, through their representatives, met and conferred in good the Meet and Confer Ordinance in order to reach agreement hours, and working conditions of employment in the bargaining unit; Now therefore, the Mayor and the Town Council of the Town of Marana resolve to adopt the terms of this MOU. ARTICLE 1; PURPOSE; DEFINITIONS Section 1-1: Purpose It is the purpose of this MOU to continue and maintain harmonious relations, cooperation, and understanding between the Town and its police employees, and to set forth the full and entire understanding of the parties reached as a result of a good faith meeting and conferring regarding wages, hours, and working conditions of the employees covered by this MOU, which understanding the parties intend jointly to submit and recommend for approvat and implementation to the Mayor and Town Council. Section 1-2: Definitions A. Association: the Marana Police Officers' Association. B. Chief: The Chief of Police of the Marana Police Department, or a person acting as the Chief's designee. MOU 7/1/12 — 6/30/2014 Page 1 of 23 C. Civilian employee(s) or personnel: Employees who are not Arizona Peace Officer Standards and Training (AZPOST)-certified police officers. D. Conference Board: A maximum of four employee members of police department management and four employee members of the Association who meet to resolve matters of dispute involving the interpretation of this MOU. E. Council: The Town Council of the Town of Marana. F. Day(s): Calendar days, unless otherwise specified in this MOU. G. Department: Marana Police Department. H. Employee(s) or Association member(s) or member(s): Town employees who are full-time, Arizona Peace Officer Standards and Training (AZPOST)-certified sworn potice officers below the rank of lieutenant, police dispatchers, crime scene specialists, police records clerks, crime prevention specialists or crime analysts. A person who is employed by the Town on a contract, temporary, or seasonal basis is not considered an association member. I. Management labor liaison: The Chief, or the person appointed by the Chief, to be the Department's point of contact for the Association. J. Memorandum of Understanding or MOU: The written document approved by the Council which incorporates the agreement between the Town and the Association resulting from the meet and confer process; this Memorandum of Understanding, after approval and adoption by the Council, as evidenced by the Mayor's signature at the end of this MOU. K. Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code Section 4-1-8. L. Representative: A member of the Board of Officers, or one of the five Association representatives named in section 4-1 who are authorized to act as grievance representatives M. Sworn employee(s) or personnel: Arizona Peace Officer Standards and Training (AZPOST)-certified police officers. N. Town: The Town of Marana. O. Town Manager or Manager: The Town Manager of the Town of Marana, or a person acting as the Manager's designee. MOU 7/1/12 — 6/30I2014 Page 2 of 23 Section 1-3: Gender Whenever any words used herein are in the masculine, feminine, or neuter; they shall be construed as though they were also used in another gender in all cases where they would so apply. ARTICLE 2: RECOGNITION Section 2-1: Recoqnition The Town recognizes the Association as the sole and exclusive Meet and Confer agent, pursuant to the Meet and Confer Ordinance for the purpose of representation regarding wages, hours, and working conditions of the public safety employee group as defined by the Meet and Confer Ordinance, including atl Town employees who are full-time, Arizona Peace Officer Standards and Training (AZPOST)-certified sworn police officers below the rank of Lieutenant, those civilian employee classifications as set forth in the Ordinance, and the classifications of Crime Prevention Specialist and Crime Analyst. The Association agrees that recognition is subject to challenge by any other labor organization wishing to represent eligible employees as provided for under the terms and conditions of the Town Meet and Confer Ordinance, and as specifically provided in Section 4-1-8, Section G. ARTICLE 3; MANAGEMENT RIGHTS Section 3-1: Manaqement Riqhts A. Nothing in this MOU shall limit the Town in the exercise of its management functions and in the direction and supervision of the Town's business. This includes, but is not limited to the right to: add or eliminate departments, divisions, sections or units; require and assign overtime; increase or decrease the number of jobs or positions; change process; contract out work; assign work and work to be performed; schedule shifts, work hours and lunch or break periods; hire, suspend, demote, discipline, discharge, transfer or promote employees; lay off employees because of lack of work or other legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs; abolish and change existing jobs; determine where, when, how and by whom work will be done; maintain standards of proficiency in police skills; except where any such rights are specifically modified or abridged by terms of this MOU. B. Unless an express, specific provision of this MOU clearly provides otherwise, the Town, acting through its Manager and Chief or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this MOU either by law, custom, practice, usage or precedent to manage and control the Department. MOU 7/1/12 — 6/30/2014 Page 3 of 23 C. By way of example but not limitation, management retains the following rights: 1. to determine the mission, budget and policy of the Department; 2. to determine the organization of the Department, the number of employees, the work functions, and the methods of performing them; 3. to determine the numbers, types, and grades of positions or employees as�igned to an organizational unit, work project, or to any location, task, vehicle, building, station or facility; 4. to determine the methods, means and personnel by which the Department's operations are to be carried; 5. to manage and direct employees of the Department; 6. to maintain and improve orderly procedures and the e�ciency of operations; 7. to hire, promote and assign employees; 8. to transfer, reassign, or detail employees to other shifts or other duties; 9. to determine the equipment to be used and the uniforms to be worn in #he pertormance of duty; 10. to determine the policies affecting the hiring, promotion, and retention of employees; 11.to establish qualifications for ability to perform work in assignments, including physical, intellectual, and mental health qualifications; 12. to lay off employees in accordance with Town policy in the event of lack of work or funds or under conditions where management believes that continuation of such work would be less efficient, less productive, or less economical; 13. to establish or modify work schedules and shift schedules and the number and selection of employees to be assigned consistent with the provisions of this MOU; 14. to take whatever actions may be necessary to carry out its responsibilities in situations of emergency; 15. to enforce existing rules and regulations for the governance of the Department and to add to or modify such regulations as it deems appropriate subject to fulfilling its meet and confer obligations; 16. to suspend, demote, discharge, or take other disciplinary action against employees in accordance with Town policies, procedures and administrative directives and Department policies and general orders, to require the cooperation MOU 7/1/12 — 6/30/2014 Page 4 of 23 of all employees in the perFormance of this function, and to determine its internal security practices; 17. to spell out the job responsibilities and obligations of employees and to assign duties consistent with an officer's training and ability, regardless of whether the exact duty is listed in a written job description. D. Management also reserves the right to decide whether, when, and how to exercise its prerogatives, whether or not enumerated in this MOU. Accordingly, the failure to exercise any right shall not be deemed a waiver. It is understood and agreed by the parties hereto that the Town does not have to rely on any memorandum of understanding with its employees as the source of its rights and management prerogatives. E. This MOU does not purport to spell out the job responsibilities and obligations of the employees covered by this MOU. Job descriptions are not meant to be all-inclusive. Management reserves the right to assign duties consistent with an employee's training and ability, regardless of whether the exact duty is listed in a written job description. ARTICLE 4; ASSOCIATION RIGHTS Section 4-1: Association Riqhts A. The Association, as the authorized representative, has the exclusive right to serve as the meet and confer representative of all employees in the public safety Employee Group as described in the Ordinance, except as otherwise modified by this MOU. B. The Association agrees to provide a list of elected Officers of the Association to the Town Manager's Office, the Chiefs Office and the Town's Human Resources Department and to keep the list current. The Department and the Town will recognize the elected Officers after receipt of the written notice. C. Association Representatives 1. The Association may name up to five representatives and shall notify the Chief's Office and the Town's Human Resources Department of such designations in writing. The Association agrees to keep the list current. The Department and the Town will recognize the representatives after receipt of the written notice. 2. One representative may, when the Association is designated in writing by the employee as the employee's representative, attend mutually scheduled grievance meetings with Department and Town representatives. If the representative is on-duty, this attendance shall be without loss of pay or benefits; however the representative shall obtain permission of the representative's Department supervisor to be absent from assigned duties to attend scheduled grievance meetings. Subject to operational and scheduling factors, this permission shall not be unreasonably withheld. MOU 7/1/12 — 6/30/2014 Page 5 of 23 D. Payroll Deduction 1. The Town shall deduct yearly from all 26 regular Town paychecks of the Association members the regular periodic Association membership dues pursuant to the Town's deduction authorization form duly completed and signed by the employee, and transmit such deductions monthly to the Association no later than the 14 day following the end of the pay period in which the deduction occurs, along with an alphabetical list of all employees for whom the deductions have been made. Such deduction shall be made only when the Association member's earnings for a pay period are sufficient after other legally required deductions are made. 2. Authorization for membership dues deduction shall remain in effect during the term of this MOU unless revoked in writing by the employee or unless the employee withdraws from the bargaining unit. The written notification shall be given to both the Town and the Association Treasurer. 3. The Town shall not make any payroll deductions for members on behalf of any other organization that purports to provide benefits similar to those offered by the designated Association (as defined in the Ordinance) during the term of this MOU. 4. The Town shall, at the written request of the Association during the term of this MOU make changes in the amount of dues deduction hereunder for the general membership only if the dues deduction authorization signed by the member specifically authorizes increased deductions, without further notice to the member, upon changes in the amount of dues levied by the Association. 5. If an improper deduction is made, the Association shall refund any such amount directly to the employee within thirty days of notice from the employee. E. Use of Facilities 1. The Town shall provide the Association with space for two bulletin boards for its use in communicating with its members at mutually agreeable locations. The Association shall have sole and exctusive use of the bulletin board. 2. The bulletin board shall be used for the following notices: recreational and social affairs of the Association; Association meetings; Association elections; reports of the Executive Board or committees; rulings or policies of the state or national organizations; and legislative enactments and judicial decisions affecting public sector labor relations. 3. All posted materials must be signed or initialed by the President, Vice President or Secretary of the Association Executive Board. No notice or announcement that contains defamatory statements about the Department or any Department official or employee shall be posted. A copy of all posted material shall be forwarded to the management labor liaison. Any violation of this section shall MOU 7/1/12 — 6/30/2014 Page 6 of 23 entitle the Department to immediately revoke the privilege to use the bulletin board. In the event non-authorized ma#erial is posted, it shall be promptly removed on notification by the Department. 4. The Association is authorized to use non-work time to distribute materials to Association members in Department mail boxes. 5. The Town shall permit Association Executive Board Members to use Town electronic communications and inter-office mail systems for grievance and joint Town/Association matters as necessary. A Town e-mail account and intranet access will be provided to any employee who is an Association Executive Board Member and who does not otherwise have access to the Town's e-mail system and intranet. The Town's communications system will not be used for recruiting new members. All electronic communications are guided by Town policy concerning electronic communication systems. Use of Town electronic communications for Association purposes authorized under this MOU shall be during off-duty hours. F. Association Leave Pool Hours A member of the Executive Board of the Association, or a representative, will, with the approval of the Chief, subject to 24 hour notice in advance, be authorized to engage in Association related activities during Town work hours on a non-paid basis, or by using Association leave pool hours. Approval for use of unpaid time or leave pool hours shall be subject to D�partment operational and scheduling factors and administration control as to usage of such time, but shall not be unreasonably withheld. 2. The Town shall permit the Association to have a leave pool. The leave pool will consist solely of time deducted from members' vacation leave. The Town will deduct finro hours of vacation leave time from all Association employee members annually, crediting the time to an "Association Leave Pool." This deduction will occur once annually and the member's vacation balance will be charged when the collection is processed. No more than 200 hours may be accrued in the leave pool in a given calendar year and the leave pool balance at any time shall not be greater than 500 hours. The annual vacation leave deduction will be adjusted accordingly if the normal finro-hour draw would result in more than 200 hours being accrued in a year or cause the leave bank to exceed 500 hours. The Association agrees to use personal time if the time required exceeds available leave bank hours. 3. Paid leave pool time may nat be used unless an association paid pool leave time authorization form has been completed prior to the use of the leave. The form shall require the signature of the Association President and the Chief, and shall be submitted to the Chief for approval at least finrenty-four hours in advance of the use of the leave. MOU 7/1/12-6/30/2014 Page 7 of 23 4. Approval for use of paid time from the leave pool shall be subject to Department operational and scheduling factors. Such approval shall not be unreasonably withheld. The DepartmenYs management labor liaison will charge the bank and periodically report use and balance to the Association President. Leave pool hours may be carried over from year-to-year. Paid leave pool hours shall not be counted as hours worked for the calculation of overtime. 5. In recognition of the mutual benefit to both the Town and the Association, an employee using Association leave pool time as defined in this MOU to conduct Association business shall be accorded all insurance-related benefits. Approval of claims made for benefits will be determined in the same manner as any other Town employee. G. At a time established by the Department, the Association will be allowed one hour during the post-academy to talk to and possibly sign new employees into the Association and to explain the rights and benefits under this MOU. H. The Association may designate up to three employee members to represent the Association in the Meet and Confer process with the Town. Association employees who are on the Association negotiating team and who are scheduled to work at the time of a negotiation meeting shall be excused from their regular duties without loss of pay for the duration of the meeting. If a negotiating team member is not on-duty during the negotiations, the member will not be paid for the time spent in negotiations. I. When an employee is involved in a major incident such as a shooting or serious accident, the Association President or designee shall be notified by the Department as soon as practicable under the circumstances. Section 4-2: Emplovee Riqhts A. Employees have the right to be represented by the Association and to have a member of the Association present during the grievance meetings described by the grievance process set forth in Article 5. B. Employees have the rights of representation guaranteed to them by A.R.S. § 38-1101 and A.R.S. § 38-1106, as these statutes may be amended from time to time. The Town agrees to extend those rights of representation provided to law enforcement officers pursuant to A.R.S. § 38-1101 and A.R.S. § 38-1106 to the civilian employees who are represented by the Association and who are subject to the provisions of this MOU. C. If an employee requests representation for an administrative interview and is entitled to representation pursuant to state law and this MOU, representation will be allowed. The employee will obtain the most readily available representative. The representative will make every reasonable effort to arrive in a timely manner from the time a phone call is made by the employee to the representative. The representative will participate in the intenriew only as an observer. MOU 7/1/12 — 6/30/2014 Page 8 of 23 D. The interview session shatl be for a reasonable period of time, taking into consideration the gravity and complexity of the issues being investigated. E. An employee may make a written request for a second polygraph examination. If good cause is presented for a second polygraph examination, the Department will arrange for the administration of a second polygraph examination. In no event will more than two polygraph examinations be administered. F. An employee under investigation shall be notified in writing every 30 days as to the current status of the administrative investigation. This notification shall include an estimated date of completion. G. An employee shall on request be allowed to review the employee's Department and Town personnel files in the presence of a management representative. H. No employee shall have any adverse comments entered into the employee's Department or Town personnel files without the employee being informed by the supervisor in writing of the comments. The employee may upon request receive a copy of the adverse comment. An employee may attach rebuttal statements to any material in the employee's Department or Town personnel files that may be adverse in nature. I. Employees have the right to written notice regarding an administrative interview as provided in A.R.S. § 38-1101, as it may be amended from time to time. The Town agrees to extend the right to written notice provided to law enforcement officers pursuant to A.R.S. § 38-1101 to the civilian employees who are represented by the Association and who are subject to the provisions of this MOU. A copy of the signed and dated notice of investigation shall be given to the employee prior to the beginning of the interview. The employee shall have the right to retain the notice of investigation for use throughout the entire course of the interview. An employee shall be provided an opportunity to make a telephone call after the issuance of the notice of investigation to obtain a representative. J. The employee and/or the Department supervisor/Internal Affairs representative shalt each be entitled to mechanically record any administrative interview. Should any mechanical recordings take place, the Department and the employee reserve the right to transcribe any such interview for the purpose of verifying the accuracy of the interview. tn the event an employee does not record the interview, the employee may request a copy of the investigator's tape(s) if the investigator records the interview. K. If an employee is told not to speak to anyone regarding an investigation, this admonition shatl not apply to speaking with an attorney functioning within the attorney-client relationship, or with a representative. L. When the investigation is completed, the employee shall be notified in writing of the findings. M. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of an employee under investigation who is being interviewed MOU 7/1/12 — 6/30/2014 Page 9 of 23 pursuant to this Article, and shall count as time worked any hours or fractions of hours spent outside the employee's work shift. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of a representative who is attending an interview with an employee pursuant to this Article. N. An employee who receives a written reprimand may request a copy of the official documentation, if any, supporting the written reprimand. O. Employees shall have the right to participate on behalf of or engage in activities on behalf of the Association as allowed by the Ordinance and this MOU. Employees shall be free from any interference, restraint, or coercion by any other employee, supervisor, or manager in pursuance of the rights granted under the Ordinance and in this MOU. P. Employees who are on-duty shall be granted reasonable time to cast a vote in any Association election. In the case of an Association Board election, the Association will provide an opportunity for its members to cast a vote by ballot at the Marana Operations Center (MOC) and the Marana Municipal Complex (MMC). In the case of a vote for the purpose of MOU ratification, the Association will designate a time and location for the vote. In either case, if the vote occurs at a time that falls during a member's working hours, the member may take reasonable on-duty time to travel to the voting location closest to the member's work location and cast his/her vote so long as the operational needs of the department and the public safety of the community are not compromised. Members who vote during off-duty hours do so on their personal time and that time shall not be considered as time worked. Q. Any employee required to undergo a fitness for duty evaluation will be provided a copy of the full report within a reasonable time following the Town's receipt of such report. ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS The Town and the Association have agreed to these procedures as a means to: A. Ensure all employees fair and equitable treatment; B. Promote harmonious relations among employees, supervisors and managers; C. Encourage the settlernent of disagreements informally at the employee-supervisor level; D. Provide an orderly procedure to handle disagreements through the various supervisory levels when necessary; and E. Resolve grievances as quickly as possible. MOU 7/1 /12 — 6/30/2044 Page 10 of 23 Section 5-1: Non-exclusive Remedv An employee covered under this MOU may choose to exercise rights under this MOU or under the Town's Formal or Informal Personnel Action Review Procedures, if applicable, but may not use both processes for the same grievance/review. Once the employee has elected one (by taking the initial step under the process), that election is irrevocable for that grievance/review. Nothing herein shall preclude an employee from exercising the employee's rights under A.R.S. § 38-1105. Section 5-2: Informal Grievance Review Procedures The Town of Marana provides informal grievance review procedures as a means to ensure that all employees receive fair and equitable treatment and have recourse to seek review of disciplinary actions that are not subject to formal personnel action review. A. Applicability 1. The provisions of this section apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and the Town's Personnel Policies and Procedures. 2. The provisions of this section do not apply to unclassified employees or other at- will employees, as defined in the Marana Town Code and the Town's Personnel Policies and Procedures. B. Only the following disciplinary actions shall be subject to informal grievance review under this section: 1. Verbal reprimands 2. Written reprimands 3. Suspensions without pay for 40 hours or less in a rolling 12-month period. C. Step One 1. To request review of a disciplinary action that is subject to informal review under this section, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. 2. The request for review shall be on a form provided by the Human Resources Department. 3. Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. MOU 7/1 /12 — 6/30/2014 Page 11 of 23 4. If the Department Head is the supervisor who issued the disciplinary action, then the informal review process ends at this step. The Department Head's decision is finaL D. Step Two If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the Department Head, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. E. Step Three If the procedure in Step Two does not resolve the issue to the employee's satisfaction, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. 2. Within five business days of the Department Head's receipt of the employee's request for review, the Department Head shall provide a written response to the employee on the form provided. 3. All decisions of the Department Head pursuant to this policy are final and not appealable within any Town process. F. In the absence of good cause, the employee's failure to timely pursue any step in the review process shall result in the termination of the review process and the employment action shall stand. G. If a supervisor or manager does not respond to the employee within the time allotted by this section, the employee may proceed to the next step in the process. H. No discipline, retafiation, or threats of retaliation shall be taken against any employee as a result of the employee's participation in this review process. Such MOU 7/1/12 — 6/30/2014 Page 12 of 23 discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. I. Disciplinary actions subject to informal grievance review may be resolved or settled at any step in the process. The request for informal grievance review shall be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this section, or a decision has been made in the final step. J. Upon reversal of the decision at any step in the informal grievance review process, the successful employee may recover any wage and/or benefits losses incurred, from the effective date of the disciplinary action pursuant to the provisions of this section. K. The employee may have a non-attorney co-worker of the employee's choosing as a representative at any step in the review process. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during any step in the review process to consult with the co-worker or others who are immediately available, telephonically or otherwise. Section 5-3: Conference Board: Conference Board Procedures A. It shall be the duty of the parties to exert every reasonable effort to settle all disputes concerning the terms and conditions of this MOU. The parties agree to negotiate in good faith all disputes arising from this MOU. B. Conference Board meetings shall be held upon request of either the Association or the Town. Once a request is made for a meeting, the meeting shall be held within ten business days. C. The purpose of these meetings shall be to resolve any dispute or difference in interpretation and application of this MOU; provided, however, that the Conference Board Meeting procedure shall not apply to an employee who has another grievance procedure available under this MOU. A maximum of four employee members of Department management and four employee members of the Association shall attend these meetings. A representative of the Human Resources Department shall attend these meetings to facilitate discussion and to act as secretary to the Conference Board and record its work. D. The Human Resources Department shall make arrangements for the meetings which shall be mutually agreed upon by all parties. Both the Association and the Town shall notify each other in writing of the subjects they wish to discuss no later than three business days in advance of the meeting. E. Upon request of either the Association or the Chief, the Town Manager will be asked to participate. MOU 7/1 /12 — 6/30/2014 Page 13 of 23 F. If the dispute cannot be resolved to the satisfaction of either the Association or the Town through the Conference Board, either party may request that the matter be referred to the Town Manager for a decision. The request for referral to the Town Manager shall be in writing and shall be made through the Human Resources Director. The request shall be made within ten business days of the immediately preceding Conference Board meeting. 2. The Human Resources Director shall notify the other party of the request for referral to the Town Manager and request written statements from both parties setting forth each party's position on the issues in dispute. The written statements shall be provided to the Human Resources Director within ten business days of the Director's request. 3, The Town Manager, in his or her sole discretion, may also schedule a meeting with both parties to discuss the issues in dispute. 4. The Town Manager may seek legal advice from the Town's Legal Department regarding the issues in dispute. 5. Within ten business days of receipt of the written statements of the parties, the Town Manager shall render a written decision regarding the issues in dispute. 6. The decision of the Town Manager is final and not appealable within any Town process. ARTICLE 6; WAGES AND BENEFITS Section 6-1: Waqes A. The Association and the Town will meet and confer regarding a fair and reasonable pay scale for all employees. B. All general salary increases, market adjustments, performance-based pay increases or other modifications to employee wages, the Town's compensation plan and/or the Town's salary schedule require the approval of the Town Council and are generally considered within the broader context of the budget approval process for each fiscal year. The amount of funds available for pay increases are subject to economic conditions and the Town's ability to pay. C. The Town and the Association agree that when the Town is in a financial position to grant employee pay increases, as determined in the sole discretion of the Town, Town and Department management shall recommend pay increases for employees, as the Town deems appropriate and feasible, with the goal of remaining competitive in the labor market for classification and compensation comparison approved by the Town Council. MOU 7/1I12 — 6/30/2014 Page 14 of 23 D. Performance-Based Increases 1. If and when the Town impiements performance-based pay increases, officers, sergeants and dispatchers shall be eligible for the performance-based pay increase on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system. 2. If and when the Town implements performance-based pay increases, o�cers, sergeants and dispatchers at the top of the salary grade for their position shall be eligible for a lump sum bonus, in an amount determined by the Town Council, on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system. 3. For the purposes of this section, the employee's anniversary date shall be the date established in the Town's Personnel Policies and Procedures for the employee's formal perFormance appraisal. An anniversary date shall not change for a special assignment. 4. If and when the Town implements performance-based pay increases, civilian employees covered under this MOU shall be eligible for the performance-based pay increase based on an evaluation of job performance completed at the time directed by Town management and in accordance with the Town's Personnel Policies and Procedures, using the Town's performance management system. Section 6-2: Special Assiqnment Pav A. The Chief may, in his sole discretion, assign employees to special assignments. The number, type and duration of any special assignments shall be determined by the Chief, based on the operational needs of the Department. B. Because employees serving in special assignment positions are generally required to have additional knowledge, skills and ability for the positions, the Chief shall recommend special assignment pay for those positions as a part of the DepartmenYs budget approval process. C. No employee shall receive special assignment pay for more than one position at any given time, even if the employee is serving in two or more special assignments. D. Any patrol officer or dispatcher assigned as a Field Training Officer (FTO) will receive one hour of overtime for any shift during which the officer or dispatcher is training a new employee. Section 6-3: Dispatcher In Charqe (DIC) Dispatchers designated by the Chief as Dispatcher in Charge (DIC) shall receive a 5% increase in pay for the hours worked in an acting first-line supervisory capacity when there is no first-line supervisor working a dispatch shift. The Chief shall determine the method for appointing a DIC. MOU 7/1/12 — 6/30/2014 Page 15 of 23 Section 6-4: Overtime A. Except as provided otherwise in this MOU, overtime for non-exempt employees covered under this MOU shall be defined, computed, recorded and compensated as provided for in the Fair Labor Standards Act (FLSA), state law, and the Town's Personnel Policies and Procedures and/or Administrative Directives. B. Overtime may be authorized and required by the Chief when it is in the best interest of the Town. Overtime shall be authorized in advance by the Chief, unless emergency situations preclude advance authorization. C. Compensatory time for non-exempt employees covered under this MOU shall not accrue beyond 100 hours maximum. Section 6-5: Court Pav A. When an employee must attend court at a time other than the employee's regular assigned shift, the employee shall receive a minimum of two hours compensation, or compensation for the actual number of hours worked, whichever is greater. The employee shall be required to comply with the court attendance verification system prescribed by the Chief. 6. Court pay shall be paid at the employee's straight time rate of pay unless the court time results in the employee working more than 40 hours in the seven-day work period defined by Town policy, in which case the employee shall be paid overtime in accordance with the FLSA, Town Personnel Policies and Procedures and Administrative Directives and Section 6-4 of this MOU. C. For purposes of this Article the term "Court" shall be defined as including Federal District Court, any Superior Court, any municipal court, any county court, Federal, State, and county grand juries, Motor Vehicle Department hearings, and prosecutorial and defense interviews. It is understood that the term "Court" shall not apply to Town administrative hearings including but not limited to grievance hearings pursuant to this MOU and Town Personnel Action Review Board hearings. Section 6-6: Jurv Dutv When an employee is called upon to serve as a juror in any court action, the employee will be allowed leave from his/her duties without loss of pay for the time required for this service. Any remuneration received by the employee from the court as payment for jury service shall be turned over to the Town. Section 6-7: Call-out Pav A. When an employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours overtime each time called out, or the MOU 7/1 /12 - 6/30/2014 Page 16 of 23 actual overtime worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. B. Travel time shall not apply when an employee is working overtime that is scheduled or planned in advance. Section 6-8: Shift Differential Pav An employee shall receive 90 cents per hour in addition to the employee's base hourly rate of pay when working a shift which falls befinreen 6:00 p.m. (1800 hours) and 6:00 a.m. (0600 hours). Section 6-9: On-Call Assiqnments; On-Call Pav A. The Chief shall determine which positions in the Department are eligible for on-call pay and the length, duration and rotation of on-call assignments. B. Employees on-call shall be eligible for on-call pay of $1.00 per hour for the hours outside of their normal work week that they are assigned to be on-call and available, but not actually working. Hours actually worked outside of the regular work shift shall be compensated as time worked, and shall be paid at the employee's straight time rate of pay unless the hours worked outside the regular work shift results in the employee working more than 40 hours in the seven-day work period defined by Town policy, in which case the employee shall be paid overtime in accordance with the FLSA, Town Personnel Policies and Procedures and Administrative Directives and Section 6-4 of this MOU. Section 6-10: Canine Maintenance Pav A. Sworn personnel assigned to the K-9 Unit and required to maintain a police service dog for use in connection with the perFormance of his/her law enforcement duties shall be compensated a total of four hours on a weekly basis for the routine care and maintenance of the dog, including bathing, brushing, exercising, feeding, grooming, related cleaning of the dog's kennel or transport vehicle and similar activities performed by the K-9 officer at home on workdays as well as on days off duty and during vacation periods in which the K-9 officer continues to care for the dog. During vacation periods in which the care of the dog is performed by another party, such as a kennel, the K-9 officer shall not receive canine maintenance pay. B. For non-routine care of the dog, such as veterinary appointments, K-9 officers shall be compensated for the actual time spent performing the non-routine care, whether performed on or off duty. Whenever possible and when the operational needs of the department and the safety of the community are met, veterinary appointments shall be scheduled during on duty hours. C. Routine and non-routine canine maintenance pay shall be paid at the K-9 officer's straight time rate of pay unless the hours worked in canine maintenance results in the MOU 7/1/12 — 6/30/2014 Page 17 of 23 officer working more than 40 hours in the seven-day work period defined by Town policy, in which case the officer shall be paid overtime in accordance with the FLSA, Town Personnel Policies and Procedures and Administrative Directives and Section 6-4 of this MOU. Section 6-11: Waqe Re-opener The Association and the Town recognize that it is difficult to predict economic conditions and agree that a wage re-opener may be initiated by either party for the fiscal year that begins July 1, 2013. Either the Association or the Town may request a review of the provisions of Article 6 of the MOU rela#ed to wages, by providing written notification to the other party by December 15, 2012. Written notification shall be directed to the Town Manager if the Association is the initiating party or to the Association Executive Board President, if the Town is the initiating party. Within 30 calendar days of the receipt of the notice, the representatives shall hold an initial meeting and shall conclude all discussions regarding wage issues by March 15, 2013. If the parties cannot agree on proposed changes to wages, the matter shall be referred to the Town Council who will hear recommendations from the Town Manager and the Association in public session. The council may accept, reject or modify proposed changes to wages as part of the budget adoption process for the upcoming fiscal year. Except by mutual agreement, no issues other than these wages shall be discussed during the wage re-opener. ARTICLE 7: WORKING CONDITIONS Section 7-1: Shifts Employees shall be assigned to work shifts that the Chief determines are best for the Department. Notification will be given as reasonably practicable. Section 7-2: Leaves A. If it is necessary to limit the number of employees of any rank on vacation or holiday leave at any time or period of time, then employees with greater seniority within that rank at the Department shall be given priority. B. When an employee's leave request must be denied due to staffing levels, the employee may request permission to trade shifts with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (civilian employee), subject to the approval of the supervisor(s) of both employees. When trading shifts, the Town will incur no liability for overtime except for extended shifts. C. Employees who are members of the National Guard or any branch of the Armed Forces may, with the approval of their supervisor, switch days off or use shift trades to accommodate weekend military duty. The shift trade may be with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (if a civilian employee), subject to the approval of the supervisor(s) of both employees. MOU 7/1/'12-6/30/2014 Page 18 of 23 When trading shifts, the Town will incur no liability for overtime except for extended shifts. Section 7-3: Pavment of Sick Leave at Death Upon the death of an employee, the employee's designated beneficiary shall be paid for 50% of the employee's accrued sick leave at the employee's regular base rate of pay at the time of death. Section 7-4: Uniform, Clothinq and Equipment A. Upon hire, the Town shall provide all uniforms or specified work attire and equipment mandated by the Chief for a particular position, sworn or civilian, to any new employee hired into that position. B. All sworn employees shafl receive a uniform and equipment maintenance allowance of $1,200.00 per fiscal year, half to be paid in July and half to be paid in January. This fiscal year allowance shall be prorated for new employees hired after the beginning of a fiscal year. C. All civilian employees who are required by the Chief to wear specified work attire during the performance of their duties shall receive a work attire allowance of $600.00 per fiscal year, half to be paid in July and half to be paid in January. This fiscal year allowance shall be prorated for new employees hired after the beginning of a fiscal year. Section 7-5: Alternative Work Assiqnments/Liqht Dutv Employees with an on-the job injury shall be given preference for an alternative work light duty assignment. An employee with an off-duty injury may be required to relinquish his/her alternative work assignment in order to provide an alternative work assignment to an employee with an on-the job injury, when there is no other alternative work assignment available. Section 7-6: Take-Home Vehictes The Town and the Association agree that the visible presence of the Department in the community contributes to the public's perception of safety. In addition, employees serving in certain assignments must be available to respond to call-outs quickly and with the proper equipment. In recognition of these goals, the Town and the Association agree to the following Take-Home Vehicle Program for sworn personnel and Crime Scene Specialists covered under this MOU. A. Sworn personnel who reside within a ten mile radius of the corporate limits of the Town shall be eligible for a take-home marked or unmarked vehicle. B. Personnel in the following assignments shall be eligible for a take-home marked or unmarked vehicle: MOU 7/1/12 — 6/30/2014 Page 19 of 23 1. Sworn personnel assigned to the Criminal Investigations Unit (CIU) 2. Sworn personnel assigned to the regional S.W.A.T. team 3. Sworn personnel assigned to Explosive Ordinance Disposal 4. Civilian personnel assigned as Crime Scene Specialists 5. Sworn personnel assigned to the Motors Unit 6. Sworn personnel assigned to the K-9 Unit 7. Sworn personnel assigned to Emergency ManagemenUHomeland Security C. The Chief shall establish the procedures for take-home vehicles. ARTICLE 8; STRIKES AND WORK INTERRUPTION It is understood and agreed that the Association and its members shall not participate in the instigation, organization, leadership, or execution of any strike, work stoppage, slow- down, or other form of concerted work interruption. The Association and its members further agree to assist, fulfill, and provide the continuing orderly execution of all police services. Any violation of this Article shall be a material breach of this MOU, which may then be immediately terminated by the Town upon written notice to the Association. The Association acknowledges that any employee who violates the provisions of this Article is subject to discipline, up to and including termination. ARTICLE 9; MISCELLANEOUS Section 9-1: Savinq Clause If any Article or Section of this MOU should be held invalid by operation of or by final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by any tribunal, the remainder of this MOU shall not be affected thereby; and upon issuance of such final decree, the parties, upon request of either of them, shall meet and confer and endeavor to agree on a substitute provision or agree that a substitute provision is not to be included. Section 9-2: Senioritv The Marana Police Depa�tment follows a hierarchal rank structure and for department purposes seniority is determined first by rank, second by aggregate time served in rank, and third by aggregate time served on the Department. A. Vacation and Other Leave Scheduling Preference MOU 7/1/12 — 6/30/2014 Page 20 of 23 1. Seniority for all employees will be considered when scheduling vacation leave and other days off. 2. In the event that two or more employees, with the same rank and tenure, request the same time off at the same time, the tie-breaker process outlined in Town Personnel Policies and Procedures Section 8-1-6(A)(2) shall be followed. B. Scheduling Preference The shift bid process is conducted on a bi-annual basis for Sergeants, Lead Police Officers and Patrol officers assigned to uniform patrol squads. Shifts will normally be assigned for a six-month period, except as determined otherwise by the Chief. The conduct and control of the shift bid process for Officers, LPOs and Sergeants shall be the responsibility of the Operations Lieutenants. 1. Seniority for all employees wi11 be considered when selecting shift assignrnents. 2. No allowance shall be made for experience with another agency. 3. Eligibility to bid for an upcoming shift shall only be available to employees who have completed probation with MPD as of the start of the new shift year. 4. Breaks in service shall be calculated so that date of hire information correctly reflects actual time in grade. 5. If an employee leaves the Department and then is re-employed more than 30calendar days after his/her separation from the Department, the employee's time served with the Town prior to leaving the Department will not be consider in determining the employee's seniority for shift bid. 6. Conversely, if an employee leaves the Department and then is re-employed within 30 calendar days after his/her separation from the Department, the employee's time served with the Town prior to leaving the Department will be considered for purposes of determining seniority for Shift Bid. 7. Moves from one squad to another require approval from the Operations Chain of Command. 8. When an LPO slot becomes available during the year, LPOs currently assigned rnay request transfer to that opening. Newly assigned or transferred LPOs will thereupon fill the remaining available slot. Such rnoves require approval from the Operations Chain of Command. 9. When a sergeant slot becomes available during the year, sergeants currently assigned within the affected division may request transfer to that opening. Newly assigned or transferred sergeants will fill the remaining available slot. All such moves require approval from the Division's chain of command. MOU 7I1/12-6/30/2014 Page 21 of 23 10.In all of these situations, the needs of the depa�tment will be the overarching consideration in determining whether or not a transfer will occur. C. The final decision on all shift or squad placements shall rest with the Operations Lieutenants; no appeal shall proceed beyond the Lieutenants, unless the decision is in violation of policy. Operations supervisors will determine the district assignment of personnel and may make rotations of district assignments as necessary. Section 9-3: Term and Effect of MOU A. This MOU shall be approval by the Mayor through June 30, 2014. and remain in full force and effect, following adoption and and Council, beginning with the 1st pay period in July 2012 B. Termination or expiration of this MOU shall result in immediate cancellation of all provisions contained in this MOU, except for the conditions and processes of re-negotiation, and all such provisions shall remain canceled until a new MOU is ratified with the following exceptions: If negotiations are underway, the terms and conditions of the MOU shall automatically be extended for a period of 90 days or may, by mutual consent of the parties, be extended for a period not to exceed one year. 2. If an election process under the Meet and Confer Ordinance should occur during negotiations and necessitate any delay in negotiations, the terms and conditions of this MOU will automatically be extended for a like period of time. C. By mutual consent of the parties, this MOU may be opened at any time for amendment. Any request for amendment shall be in writing and shall contain a detailed statement of the changes desired and reasons for them. The first meeting for negotiating the amendment will be scheduled within a reasonable period of time not to exceed 30 calendar days after mutual consent to reopen. No changes shall be considered other than those directly related to the subject of requested amendments. An amendment to the MOU shall be in writing, signed and adopted by both parties. Such MOU shall become effective upon adoption by the Town Councif and will remain in effect until the amended MOU expires or unless and until the MOU is further amended. D. If any section or provision of this MOU violates existing Federal, State, or Town law, then such law shall supersede such provisions or sections. E. The lawful provisions of this MOU are binding upon the parties for the term of this MOU. F. This MOU constitutes the total and entire agreement befinreen the parties and no verbal statement shall supersede any of its provisions. MOU 7/1 /12 — 6/30/2014 Page 22 of 23 G. The Town's rules and regulations, administrative directives, departmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with this MOU approved by the Town Council pursuant to the Ordinance. Where a specific conflict exists, this MOU shall govern. APPROVED AND ADOPTED BY THE OF MARANA, ARIZONA. t�' Mayor Ed Hone Dated: � "� MAYOR AND COUNCIL OF THE TOWN IN WITNESS WHEREOF, the authorized representatives of the parties have affixed their signatures below, acknowledging approval and adoption of this MOU by the Mayor and Council of the Town of Marana, Arizona. TOWN OF MARANA ' �� , �� �� �A.►v�� ,,. � •- �_� � • .•- Dated: ATTEST: :'� � Frank ,r'` �nson, Town Clerk D AS TO FORM: �?-,�''� ^1 � , r` �;�� .� ( l �idy, Town Att e� MARANA POLICE OFFICERS' ASSOCIATION � Mario Wil iams, President Dated: 7t �2 MOU 7/1/12-6/30/2014 Page 23 of 23