HomeMy WebLinkAbout10.22.2020 2021-2022 Working Agreement2021-2022
WORKING AGREEMENT
THE CITY OF SOUTH BEND, INDIANA
AND
THE FRATERNAL ORDER OF POLICE
SOUTH BEND LODGE NO. 36
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TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 PREAMBLE 1 ARTICLE 2 DEFINITIONS 2 ARTICLE 3 POLICE OFFICER’S BILL OF RIGHTS 3
ARTICLE 4 CITY/LODGE RELATIONSHIP 5
ARTICLE 5 RIGHTS OF MANAGEMENT 6 ARTICLE 6 LODGE ACTIVITIES 7 ARTICLE 7 DUES DEDUCTION 8 ARTICLE 8 GRIEVANCE PROCEDURES 8
ARTICLE 9 NO STRIKE-NO LOCKOUT 11
ARTICLE 10 DECLARATION OF DISASTER 12 ARTICLE 11 PERSONNEL/ OFFICE OF PROFESSIONAL STANDARDS FILES 12 ARTICLE 12 SICK LEAVE 14 ARTICLE 13 BEREAVEMENT LEAVE 15
ARTICLE 14 OVERTIME/HOLDOVER TIME 15
ARTICLE 15 RECALL/ MINIMUM STAFFING 16 ARTICLE 16 COURT TIME PAY 20 ARTICLE 17 VACATION 22 ARTICLE 18 MEAL PERIODS 23
ARTICLE 19 HOLIDAYS AND CRITICAL DUTY DAYS 23
ARTICLE 20 ANNUAL CASH ALLOWANCE – REQUIREMENTS TO RECEIVE 25 ARTICLE 21 INSURANCE 25 ARTICLE 22 PERSONAL DAYS 27 ARTICLE 23 RETIREMENT SICK LEAVE BUY-BACK 28
ARTICLE 24 TRADING OF DAYS 28
ARTICLE 25 POLICY FOR ATTENDING CHILD’S BIRTH 29 ARTICLE 26 FAMILY LEAVES AND MEDICAL LEAVES OF ABSENCE 29 ARTICLE 27 LEAVE OF ABSENCE 30 ARTICLE 28 PAY DAYS 30
ARTICLE 29 SENIORITY, LAYOFF, AND RECALL 30
ARTICLE 30 WORK-RELATED INJURIES 31 ARTICLE 31 WORKWEEK 31 ARTICLE 32 INDEMNIFICATION 32 ARTICLE 33 EFFECT OF WORKING AGREEMENT 33
ARTICLE 34 DRUG-FREE WORKPLACE 33
ARTICLE 35 JOINT LABOR/MANAGEMENT COMMITTEE 34 ARTICLE 36 DURATION OF WORKING AGREEMENT 34
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2021-2022
WORKING AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND THE FRATERNAL ORDER OF POLICE LODGE NO. 36
ARTICLE 1 PREAMBLE This Working Agreement is entered into on the _____ day of _________, 2020, by and between
the Board of Public Safety, acting for and on behalf of the City of South Bend, Indiana, hereafter
called "City," and Fraternal Order of Police, Lodge #36, hereafter called "Lodge." The purposes of this Working Agreement are to achieve and maintain harmonious relations between the City and the Lodge, which are in the best interests of the Community; to improve
public safety in the areas of public police protection; to provide for equitable and peaceful
adjustment of differences which may arise; to further a mutual and voluntary effort to promote and maintain sound labor relations; and to establish other conditions of employment. The City and the Lodge further acknowledge that the South Bend Police Department is dedicated
to upholding the highest professional standards while serving the community in which they work
and live. The employees of the Department are committed to the enforcement of laws to protect life and property, while also respecting the individual rights, human dignity, and community values. The employees are committed to creating and maintaining active police/community partnerships and assisting citizens in identifying and solving problems to improve the quality of
life in the neighborhoods. The Department is committed to developing a partnership with the
community, employing creativity, patience, persistence and an appreciation of diversity both in the Police Department and in the community. Employees' decisions and actions shall be accountable to the citizens and officials they serve. The City and the Lodge recognize that each member of the Department is valuable and accept the obligation to each other and to the
community to provide the maximum opportunity for each person to achieve his or her professional
potential. The parties further acknowledge that the employees of the Department are engaged in providing essential public service to the community, which affect the health, safety, comfort and general well-being of the citizens of this City.
The parties to this Working Agreement shall cooperate fully to secure the advancement of the
above-stated purposes.
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ARTICLE 2 DEFINITIONS
Section 1. Specific Definitions:
A. "City" shall mean the employer. B. "Employees" shall mean all sworn members of the Police Department of the City of South Bend, Indiana, except the Police Chief, Division Chiefs, and Captains of the
Police Department of the City of South Bend, Indiana.
C. “Lodge” shall mean the Fraternal Order of Police Lodge No. 36. D. "Duty Manual" shall mean the South Bend Police Department Duty Manual, including
the adopted Lexipol manual, and all amendments thereto. E. "General Order" shall mean a permanent written order issued by the Chief of Police relating to a general circumstance or situation which standardizes procedures for all.
F. "Letter of Understanding" shall mean a written document setting forth the conclusions reached by the Joint Labor/Management Committee on issues which may be supplemental to the items addressed in this Working Agreement. Letters of Understanding may be grieved. Letters of Understanding shall be considered a permanent addition to the Working Agreement.
G. “Personnel Order" shall mean an order issued by the Chief of Police with regard to the appointment, assignment or reassignment, promotion or demotion, suspension or dismissal of any of the sworn personnel of the Department.
H. "Special Order" shall mean an order issued by the Chief of Police to cover a specific situation usually of a temporary nature, ordinarily not affecting the entire department.
Section 2. Rules of Interpretations:
A. When the singular number is used, it shall include the plural. B. All references to employees in this Working Agreement shall include both sexes, and
whenever the male gender is used, it shall be construed to include both male and female.
C. For informational purposes only, set forth herein are references to subject matters which are established and governed by statutes, ordinances, City policies, including but not limited to the Duty Manual. Said Articles may reference the appropriate statute, ordinance, or City
policies, including but not limited to the Duty Manual, and such may be modified, amended,
or deleted by the City irrespective of their inclusion herein. D. Nothing in this Working Agreement shall prohibit the City from modifying, amending, or changing City ordinances and policies, including the Duty Manual.
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E. In the event of a conflict in state law and this Working Agreement, state law shall control.
In the event of a conflict between this Working Agreement and City ordinances and policies,
including the Duty Manual, this Working Agreement shall control. F. Nothing in this Working Agreement shall limit the Board of Public Safety's authority under Indiana Code § 36-8-3, et seq., or as it may be amended.
ARTICLE 3 POLICE OFFICER'S BILL OF RIGHTS Section 1. As used in this Article, "Employee," shall mean all persons who are non-probationary,
sworn members of the South Bend Police Department. Section 2. There is hereby created an Employee Bill of Rights (Police Officer’s Bill of Rights) which applies to all Employees.
Section 3. The security of the City and its residents depends on the manner in which Employees
perform their duties. The performance of such duties involves those Employees in all manner of contacts and relationships with the public, superior officers and fellow officers. Section 4. Situations may arise out of such contact and relationships brought about by the actions
of Employees. Such situations may require prompt investigation by the Chief of Police, Division
Chiefs or other competent authority designated by the Chief of Police. Section 5. Except when on duty or when acting in his/her official capacity, no Employee shall be prohibited from engaging in political activities. When off duty and involved in such activity, the
Employee is prohibited from using an assigned department vehicle, equipment or other items
personally or departmentally owned that would identify them as an employee of the South Bend Police Department during the activity. There will be an exception for voting at a regular polling place or filing an absentee ballot at the place of designation for such ballot, in accordance with I.C. § 3-14-1-6 (b) (2).
Section 6. Whenever an employee is under investigation or subjected to an interview by members of the South Bend Police Department for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interview shall be conducted according to the following procedure as outlined below:
A. Employees shall be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation by the investigator(s); B. Questioning of an Employee should be conducted for a reasonable length of time, taking
into consideration the gravity and complexity of the issue being investigated. Questioning
shall take place preferably while the Employee is on duty, unless exigent circumstances apply;
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C. Questioning of the Employee should take place at the offices of those conducting the investigation or at the place where the Employee reports to work, unless the Employee
consents to another location;
D. Employees will be questioned by no more than two investigators, and if a criminal investigation is being conducted by an outside agency, an Employee shall be informed of the name, rank and command of the officers conducting the investigation, if known;
E. Employees under investigation shall be immediately notified by the investigating officer that they are entitled to have legal counsel or any other Fraternal Order of Police (FOP) member of their choice present at the interview, provided, however, that during the interview of the Employee, the attorney or representative shall not make any statements or
objections of any kind to the investigator nor will he/she in any way impede the interview
but will restrict his/her remarks to conferring with the Employee. The representative's failure to object to a question shall not constitute a waiver of his/her ability to later object to any questions asked;
F. Employees cannot be threatened, harassed or promised rewards to induce the answering
of any question. However, Employees must respond if given a direct order by the Chief or his/her designee; G. When Employees are entitled to a hearing in accordance with Indiana Code, they shall
have notification in advance of the date, access to transcripts and other relevant documents
and evidence generated for the hearing prior to the hearing and to representation by legal counsel or another representative at the hearing; H. Employees shall have the opportunity to comment in writing on any adverse materials
placed in his or her personnel file;
I. Employees cannot be subject to retaliation for the exercise of these or any other rights under Federal, State, or local law; and
J. This Section shall not apply to any investigation or questioning of an Employee in the
course of counseling, instruction, informal verbal admonishment, or other routine communication with a supervisor. Section 7. No Employee shall be required, for purposes of assignment or other personnel action,
to disclose any item of his/her property, income, assets, source of income, debts, personal or
domestic expenditures (including those of any member of his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his/her official duties. This Section shall not prevent inquiries made by authorized agents of a tax-collecting agency in accordance with acceptable
and legally established procedures. Section 8. No dismissal, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or other punitive measure resulting in monetary loss shall be taken
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against an Employee unless such Employee is notified in writing of such action and the reasons therefore prior to the effective date of such action.
Section 9. The result of any investigation, whether favorable, unfavorable, or case closed without decision, shall be communicated to the Employee under investigation as soon as practicable once a determination is made by the investigator(s) and administration. The duration of the investigation, finding of fact and submission of formal charges shall not exceed sixty (60) days
from the date of notification of an investigation, except under extenuating circumstances. When
such circumstances do occur, they shall be documented in the Office of Professional Standards Investigation File and communicated to the Employee via email. ARTICLE 4
CITY/LODGE RELATIONSHIP Section 1. The City shall not enter into any collective bargaining agreements with any other organization acting on behalf of such Employees for the duration of this Working Agreement, unless appropriate state legislation provides otherwise.
Section 2. In the event that there is a subsequently enacted collective bargaining, meet and confer, or related state statute with respect to labor related issues covered herein, it is understood and agreed that this Working Agreement, prior agreements and practices, are non-precedent setting for either party with respect to any such issues that may arise under
such legislation. It is further understood that, in the event that the City is required to recognize
the Lodge as a result of or pursuant to further enactments of a state statute requiring collective bargaining or meet and confer, the City shall not be grandfathered into bargaining on all issues contained herein, but shall only be required to bargain on issues required, provided that the requirements of that state statute are met.
Section 3. The City recognizes the Lodge as the sole and exclusive bargaining representative of those employees covered by this Working Agreement in bargaining with the employer. Section 4. This Working Agreement shall cover all Employees as defined in Article 2,
Section 1, Paragraph B.
Section 5. The City shall not enter into agreements with Employees which conflict with the terms of this Working Agreement.
Section 6. The Lodge and the City acknowledge that the Joint Labor/Management Committee,
more specifically addressed in Article 35 of this Working Agreement, has provided a meaningful tool to address labor/management issues. Accordingly, any Letters of Understanding which may result from the deliberations of the Joint Labor/Management Committee shall be supplemental to the items addressed herein, if duly agreed upon by said Committee.
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ARTICLE 5 RIGHTS OF MANAGEMENT
Section 1. The Lodge recognizes that the City shall have the care, management, supervision, and exclusive control of all matters and property relating to or connected with the South Bend Police Department.
Section 2. Except as may be limited by this Working Agreement, the City, on its own behalf
and on behalf of the community, hereby retains and reserves all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State and of the United States, the Indiana Code, and any modifications made thereto, including any Executive Order issued by the Mayor or other officials so authorized by statute.
Further, all rights which ordinarily vest in and are exercised by employers are reserved to and
remain vested in the City, including, but without limiting the generality of the foregoing, the right: A. to manage its affairs efficiently and economically, including the determination of
quantity and standard of services to be rendered; the control of material, tools and
equipment to be used; and the usage, continuance or discontinuance of any services, material or methods of operation; B. to introduce new equipment, methods, machinery, or processes; change or eliminate
existing equipment and institute technological changes; and decide on materials,
supplies, equipment and tools to be purchased; C. to determine and change the number, location, size and type of facilities and installations;
D. to determine the size of the workforce and increase or decrease its size; E. to hire, assign, and direct the work of Employees, including the right to assign work and overtime;
F. to establish, change, combine or discontinue job classifications; prescribe and assign job duties, content, and classification; and to establish wage rates for any new or changed classifications;
G. to establish work schedules and, if necessary, change those work schedules in
accordance with applicable laws, Departmental policy, and the needs of the community; H. to maintain the statutory right of the Chief of Police to take all appropriate legal action,
with the approval of the Board of Public Safety when required, to establish and revise
Departmental rules and procedures addressed in the Duty Manual for the administration of the Police Department;
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I. to discipline and discharge Employees for cause under applicable laws;
J. to adopt, revise and enforce working rules, ordinances, policies, and procedures,
including but not limited to the Duty Manual, General Orders, Special Orders, and Personnel Orders. The City reserves the right to modify, amend, or delete any such items irrespective of whether or not they are set forth, summarized, or referred to herein;
K. to carry out cost-savings and/or general improvement programs under applicable laws; and L. to select employees for promotion or transfer to supervisory or other positions and to
determine the qualifications of employees to perform available work under applicable
laws. ARTICLE 6 LODGE ACTIVITIES
Section 1. The Lodge shall designate a Bargaining Committee not to exceed seven (7) representatives of the Lodge, one (1) of which shall be the Lodge President. The Lodge shall have the right to replace members of the Bargaining Committee from time to time and to use alternates.
Section 2. The Bargaining Committee representatives shall be afforded reasonable time, without loss of pay, to fulfill their Lodge responsibilities with respect to time spent in negotiations with the City, processing of grievances, and administering and enforcing this Working Agreement. Time used pursuant to this Section shall not be counted against the FOP
Lodge time as set forth in Section 6 of this Article. The Lodge shall make all reasonable efforts
to schedule all meetings so that the fewest amount of Bargaining Committee representatives would be absent from their assigned duty detail. Section 3. The Lodge shall be afforded the right to utilize a bulletin board at a central
location at the Police Station for the posting of Lodge notices and other appropriate Lodge
materials. Such board shall be identified with the name of the Lodge, and the Lodge may designate person(s) responsible for its utilization. The signature of such person(s) must appear on all documents posted. The City reserves the right, with notice to the Lodge, to remove notices which do not comply with the requirements of this Section, discriminate, or offend, on
the basis of race, religion, color, sex, handicaps, national origin, ancestry, or any other
protected class. The Lodge may use department email for Lodge related communication. Section 4. Subject to the approval of the Police Chief, or his/her designee, the Lodge may schedule meetings on City Police Department property, so long as such meetings shall not
be disruptive of the duties of the Employees or the efficient Operation of the Police
Department.
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Section 5. The Lodge may designate Employees to represent it at Lodge meetings, conventions and seminars. Time off may be allowed for such activities, subject to the approval
of the Chief of Police, or his/her designee, which shall not be unreasonably withheld.
Section 6. The total Lodge time under this Article shall not exceed six hundred (600) hours per year in those years when there are no Bargaining Committee activities. In those years when there are Bargaining Committee activities, there shall be Lodge time in excess of six
hundred (600) hours, subject to the approval of the Police Chief, or his/her designee, whose
approval shall not be unreasonably withheld. The choice of Employees to receive Lodge time shall be determined by the Lodge. Lodge time shall be computed as one (1) hour deducted from the lodge time bank for each hour used. Lodge time, however earned, shall be used only in accordance with this Article.
ARTICLE 7 DUES DEDUCTION Section 1. Upon receipt from Employees, as defined herein, of voluntary, written, current, signed
authorization cards in such form as complies with the laws of Indiana, the City shall deduct from
the earnings of each of said Employees an amount representing their reasonable and normal dues, uniform fees and assessments, and Legal Defense Fund amounts. Section 2. A list of Employees who authorize such deductions shall be forwarded by the City to
the Treasurer of the Lodge within fifteen (15) days after the deductions are made. An Employee's
authorization for deduction shall remain in effect until the termination date of this Working Agreement or until revoked in writing by the Employee prior thereto. In the event of an overcharge already remitted to the Lodge, it shall be the responsibility of the Lodge alone to adjust the matter with the Employee.
Section 3. Except for intentional violations of this Article by the City, the Lodge shall indemnify and hold the City harmless against any and all claims, demands, suits, or other forms of liability including costs and reasonable attorney fees that may arise out of or by reason of any action taken by the City for the purpose of complying with this Article.
ARTICLE 8 GRIEVANCE PROCEDURES Section 1. In this Working Agreement, the term "grievance" shall mean any controversy arising
out of or over the interpretation, application, or claim of alleged violation of the provisions of
this Working Agreement during the term of this Working Agreement, but shall not include statutes, ordinances and City Policies which are in the Agreement for reference only. Such grievance shall be disposed of in accordance with this Article and the following procedures:
STEP 1. When an aggrieved Employee has a grievance, he/she shall first seek relief from
his or her Commanding Officer by submitting a written Grievance Form (which must be obtained and approved by the FOP Labor Management Board) within fourteen (14) calendar days from the date of the event giving rise to such grievance. The Employee
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shall complete all sections of the Grievance Form, specifying the particular Article of this Agreement that is alleged to have been violated by the Employer and all facts and
circumstances which the aggrieved Employee believes are in violation of this Agreement.
Within fourteen (14) calendar days after the receipt of the form, the Commanding Officer shall either respond in writing (decision) or pass it on to the Division Chief (waiver). The Commanding Officer's decision shall state the specific reasons for the decision given and shall be dated as of the date of the decision. If the aggrieved Employee reports directly to
a Division Chief, then he/she shall start the grievance with STEP 2.
STEP 2. If the grievance is not satisfactorily settled in STEP I, the aggrieved Employee may appeal the decision to his or her Division Chief within five (5) calendar days after the date of the written decision given by the Commanding Officer pursuant to STEP l.
Within seven (7) calendar days of the receipt of the appeal or waiver by the Division
Chief, the Division Chief shall hold a conference among the aggrieved Employee, the Employee's Lodge representative and the Employee's immediate supervisor. At the conference, the Division Chief shall attempt to settle the grievance. If it cannot be settled, he/she shall no later than the next day make a written decision or present the problem to
the Chief of Police (waiver). The Division Chief’s decision shall state the specific reasons
for the decision or response given and shall be dated as of the date of the decision. STEP 3. If the grievance is not satisfactorily settled in STEP 2, the aggrieved Employee may next appeal the decision to the Chief of Police within seven (7) calendar days of the
date of the written decision or response issued by the Division Chief pursuant to STEP 2.
The Chief of Police shall review and respond to the appeal in writing within seven (7) calendar days after the Chief of Police receipt of the appeal or waiver. STEP 4. If the grievance is not satisfactorily settled in STEP 3, the aggrieved Employee
may next appeal the decision of the Chief of Police by filing an appeal with the Clerk of
the City's Board of Public Safety within ten (10) calendar days of the date of the written decision or response issued by the Chief of Police pursuant to STEP 3. Said appeal shall be heard at the Board of Public Safety's next regularly scheduled meeting occurring no sooner than seventy-two (72) hours after the filing of the appeal with the Clerk of the
City’s Board of Public Safety. The Board of Public Safety shall hear evidence and review
all filed documents at the meeting and shall render a written decision not later than the next regularly scheduled meeting of the Board of Public Safety. STEP 5. If the appeal is not satisfactorily settled as provided in STEP 4, the Lodge shall
then have the right to request the Director of Federal Mediation and Conciliation Service
to submit a panel of at least five (5) and not more than nine (9) arbitrators. The request by the Lodge shall be sent by Certified Mail, Return Receipt Requested, not later than seven (7) calendar days after the date of the written decision of the Board of Public Safety pursuant to STEP 4. Either the City or the Lodge, within seven (7) calendar days of after
receipt of the panel submitted by the Federal Mediation and Conciliation Service, shall
have the right to reject the panel and request that a new panel of at least five (5) and not more than nine (9) arbitrators be named. If the panel is not rejected by either City or Lodge, then the Lodge shall strike two (2) names from the panel. The City shall next
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strike two (2) names from the panel. Thereafter, alternate striking of one (1) name from the list by the Lodge, followed by the City, until one (1) name remains. The remaining
name shall be the arbitrator. The arbitration proceedings shall be conducted in accordance
with this Article. Section 2. The grievance and arbitration provisions of this Article are an exclusive remedy. With respect to every arbitration, the decision of the arbitrator shall be final and binding upon the City,
the Lodge and any Employee involved. The arbitrator shall be bound by the law, the exhibits,
and the evidence presented at the arbitration proceeding. The expense of the arbitration, including the expense and fee of the arbitrator, the cost of the hearing room, the cost of the reporter's and arbitrator's copy of the transcript and any other expenses which relate directly to the holding of the arbitration hearing (excluding fees for attorneys retained by the Lodge or the
City) shall be paid by the loser, and if a split decision, then the arbitrator shall determine the
portions to be paid by each party. The arbitrator shall not have the power to amend, delete, add to or change in any way any of the terms of this Working Agreement, nor shall the arbitrator have the power to substitute the arbitrator's discretion for that of management. Should either party fail to appear before the arbitrator at the designated time without a legitimate reason for a request for
a continuance, such party shall be deemed to have waived his/her or its case. An arbitration
award shall not obligate the City to pass appropriate ordinance(s) encumbering or appropriating monies from outside of the Police Department budget. Section 3.
A. If a decision is not rendered by the City within the time limits provided for in the grievance procedure, it shall be presumed that the City has denied the grievance, and the aggrieved Employee may proceed to the next step.
B. If at any step the aggrieved Employee does not submit the grievance, or if the City's decision is not appealed in the manner and time limits provided for in the grievance procedure, the grievance shall be considered settled on the basis of the last decision of the City.
C. The time limits at any level of the grievance procedure may be extended by mutual written agreement between the Lodge and the City.
Section 4. A settlement by the City with the aggrieved Employee or the Lodge at any stage of the grievance processing shall bind both the lodge and the aggrieved Employee. Section 5.
A. "Aggrieved Employee," as defined in this grievance procedure, means the Lodge or an Employee who has a direct interest in •the grievance in that the outcome of the grievance directly affects the Employee's own wages, hours, or working conditions as set out and determined by the provision of this Working Agreement. Employees, while assigned to the Police Academy, shall be subject to the rules and regulations of the
Police Academy, and shall not be entitled to utilize the grievance procedure.
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B. Each grievance shall be considered a separate matter and shall be handled separately and distinctly.
C. Separate grievances shall not be arbitrated together, except by mutual consent of the City and the Lodge. Section 6. No grievance alleging discrimination under the South Bend Duty Manual may be
appealed to arbitration, unless the aggrieved Employee shall execute a knowing, intelligent and
voluntary waiver of the grieving party's right to file charges with any federal, state or local agency or any federal, state or local court with respect to said grievance. Section 7. There shall be no suspension of or interference with work because of any grievance
or any incident which is or could have been the subject of a grievance. It is understood and
agreed that any Employee involved with a grievance shall continue to perform work as directed by the City while the grievance is being processed. ARTICLE 9
NO STRIKE - NO LOCKOUT Section 1. A. As the services performed by the Employees covered by this Working Agreement are
essential to the administration of the City and to the welfare of the public dependent thereon,
the Lodge agrees that in no event whatsoever, during the term of this Working Agreement, will the Lodge initiate, authorize, sanction, encourage, support or engage in any picketing while in uniform, strike (sympathy or otherwise), slowdown, speedup, concerted job action, concerted work stoppage, or "blue flu," said items being collectively referred to as an
interruption of work.
B. The City agrees that no lockout shall take place during the term of this Working Agreement.
Section 2. Any individual Employee or group of Employees who violate(s) or disregard(s)
the provision of this No Strike-No Lockout Article may be disciplined or discharged by the City. Section 3. The Lodge, in the event of a violation of this No Strike-No Lockout Article shall
notify, without delay, the Employees in the bargaining unit who are involved in said activities
to cease immediately and to return to work or suffer possible disciplinary action as provided for in this Article. The Lodge further agrees to act through its officers and representatives and to use all reasonable efforts at its command and within its power to terminate promptly any such interruption of work.
Section 4. In the event the provisions of Section 1 herein are violated, as determined by a court of competent jurisdiction, the City reserves the right to:
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A. terminate this Working Agreement and said termination shall become effective upon delivery of such written notice thereof to the Lodge; and/or
B. pursue all legal remedies available for the violation of this Article and costs and attorney fees related thereto.
ARTICLE 10 DECLARATION OF DISASTER
Section 1. Any provision of this Working Agreement which would impede or hinder the Chief of Police in the utilization of appropriate police powers in the management of the Police Department during the term of a disaster, as defined in Indiana Code § 10-14-3-1, as it may be amended and as declared by the Chief of Police or other appropriate officials under said state
law, shall be temporarily suspended by him during the term of said disaster.
ARTICLE 11 PERSONNEL/OFFICE OF PROFESSIONAL STANDARDS FILES
Section 1. Access to Personnel Files
A. The Chief of Police shall maintain personnel files for all Employees covered by this
Agreement. Each Employee shall be allowed to examine the contents of his or her
Personnel File in the Chief of Police's Office during regular City business hours. In addition, such Employees may receive copies of the materials in their Personnel File. Such copies shall be made within a reasonable period of time by the Chief of Police's Office.
B. All Employees shall be notified in writing, and/or by other means of legitimate communications, of additions or deletions to their Personnel Files within fourteen (14) days after the entry.
C. The Employee may not remove any document from his or her Personnel File but may challenge, in writing, any data believed to be inaccurate. The Chief of Police or a
Division Chief may investigate challenges made. In addition, if there is any comment
adverse to the Employee’s interest in his or her Personnel File, he/she may file a written response with the Chief of Police. Said written response shall be attached to said adverse comments.
D. After an Employee has left employment, his or her Personnel File shall be sealed and shall remain sealed, provided that a file may be unsealed by reason of compliance with
a subpoena, lawful public records request, discovery in litigation, consent of the
Employee or by the Chief for internal comparison purposes. Unless the file is being compared for internal purposes or reviewed by the City Attorney to defend the City/Department in litigation, the former Employee shall be notified of such action within fourteen (14) days after such action occurs.
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E. The Mayor, Attorney to the Board of Safety, City Attorney, and the City Controller, or their designated representative may read and view said Personnel Files in the
performance of their duties. The City Attorney, or his/her designee, may also copy said
Personnel Files in the performance of his/her duties.
Section 2. It is understood that the information retained by the Office of Professional Standards
is not physically included in the Employee's standard Personnel File but is a confidential portion of the personnel file. After completion of an investigation by the Office of Professional Standards and after the Police Chief’s review, determination, and recommended discipline, if any, the affected Employee shall have access to and may request copies of his or her own
statement contained in his or her file in the Office of Professional Standards and the
investigation conclusion contained therein, except that all information related to witnesses and investigation notes shall remain confidential and non-disclosable to the Employee. The Mayor, Chief of Police, Attorney for the Board of Public Safety, City Attorney, Office of Professional Standards personnel, or their designated representative may read and copy said Office of
Professional Standards files in the performance of their duties.
If the Chief of Police recommends that charges be brought, the Board of Public Safety may not read or view such file until it is introduced into evidence or said charges are disposed of pursuant to applicable procedures.
If an Employee requests a hearing regarding disciplinary charges, and has an attorney representative for the hearing, then said attorney representative may view the information within the Office of Professional Standards file regarding the charges currently before the Board in order to defend the employee. However, any documents or evidence are for said attorney's eyes
only and are not to be distributed to any other person, as they must remain confidential. Any
copies of documents or evidence relating to Office of Professional Standards files, which were given to said attorney in order to defend Employee, must be destroyed after the hearing has concluded.
A notation shall be made in said Employee's Office of Professional Standards file as to the
name, date, and purpose of every individual who reviews said file, and the name and date to whom copies have been given pursuant to this Section. Section 3. Exceptions. Personnel Files and Office of Professional Standard's Files shall not be
made available for inspection except as provided herein, or pursuant to a valid Court order, or
if the Employee consents in writing. Disciplinary action contained in an Employee's personnel file may be disclosed as required pursuant to a request under Indiana Code § 5-14-3-1, et seq. Section 4. Upon completion of the investigation and any resulting discipline, the file of the Office
of Professional Standards shall be sealed and labeled Personnel File - OPS Investigation (Date)
and placed in the personnel file. Any conflict between the rights of access in Section 1 of Article 7 and this paragraph shall be resolved in favor of this paragraph.
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ARTICLE 12 SICK LEAVE
Section 1. Paid sick leave provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement. Section 2.
A. Sick Leave Cost Reduction Program. 1) The following Sick Leave Cost Reduction Program shall continue for the duration of this Working Agreement and shall apply to all sworn Employees of the South Bend
Police Department. This program is continued for the purpose of encouraging the
conversion of sick time and the costs thereof, which has been demonstrated by the program being in effect for the past several years. 2) Each year of this Agreement, Employees shall be compensated for the relinquishment of
earned sick time as follows:
a) One (1) day's Eight and a half hours (8.5) pay for earned sick time relinquished with a maximum of sixty-eight hours (68 hours) per year.
b) In the event an Employee is compensated for the relinquishment of earned sick time in a
given year, the number of paid sick hours to which said Employee is entitled under B.(l) of this section will be reduced by the same number of sick hours for which compensation is received.
c) An Employee shall not be compensated for sick hours which have already been accrued
in his/her sick bank. The only hours eligible for conversion each year are those sick hours earned within that particular year. d) An officer is not eligible to participate in the Sick Leave Cost Reduction Program unless
he/she has at least two hundred and four (204) hours accrued in the sick leave bank.
3) The rate of pay for compensation for conversion of sick time in the schedule listed herein shall be the then current rate of pay for the rank of 1st Class Patrolman. Payment shall be made to Employees for sick time conversion on or before December 15th, of each year.
B. Paid Sick Leave Account. 1) Employees hired shall be entitled to accrue a maximum of sixty-eight (68) hours paid sick hours per calendar year.
2) Unused and unsold sick time hours for that year will be doubled in the Employee’s sick bank at the end of the year.
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3) Employees shall be entitled to accrue a maximum of seven hundred sixty-five (765) hours in a sick leave bank.
ARTICLE 13 BEREAVEMENT LEAVE Section 1.
A. In the event of a death in the immediate family, all sworn Employees of the South Bend Police Department shall be entitled to leave. B. Funeral Leave means that in the event of a death in the immediate family, all sworn
Employees of the South Bend Police Department shall be entitled to funeral leave.
Notice of need for funeral leave shall be presented to the officer's Commanding Officer as soon as possible under the circumstances. Funeral Leave shall be up to three (3) working days of leave with pay, except that
only one (1) working day of leave with pay shall be permitted to attend the funeral of a
spouse's grandparent. Additional time may be authorized by the Employee’s Commanding Officer upon verification by the Employee of need for travel time or other special circumstances. The decision of the Commanding Officer as to the authorization of additional days of leave with pay may be appealed to the Division Chief and Chief of Police.
The term "immediate family" means husband, wife, son, daughter, step-son, stepdaughter, step-mother, step-father, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, grandchildren, or other blood relatives, if those other blood relatives have resided in the Employee's household continuously for more than one (1) year.
Funeral leave shall not be authorized upon the death of any other person(s).
ARTICLE 14 OVERTIME / HOLDOVER TIME
Section 1. A. An Employee, who is required to remain on duty in excess of the regularly scheduled workday, shall be entitled to overtime pay. Such sworn Employee shall be paid at the rate of one and one-half (1-1/2) times his or her normal rate of pay. Overtime shall
be calculated by quarter-hour (0.25) increments.
B. Overtime shall commence after 8.5 hours of continuous work for uniform officers
on a "6/3" schedule, 8.0 hours of continuous work for employees on a "5/2" schedule, and 10.0 hours of continuous work for employees on a “4/3” schedule. During the term of this Agreement, shift start and end times may be changed not more than once per calendar year unless mutually agreed upon by the FOP.
Any change to the shift starting and ending times will be made upon 30 days’ notice to all affected employees.
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This provision shall not affect the authority of the Chief, in emergencies, to schedule as
needed for such emergencies.
C. A day off shall commence at the end of shift on the last scheduled workday. The day “on” shall commence on the hour of the officer's first day back. This provision shall not affect the authority of the Chief, in emergencies, to schedule as
needed for such emergencies.
D. Employees assigned to a 5 and 2 shift will work primarily a Monday through Friday work week. Both the work week and the times listed in this section are subject to temporary changes due to crime trends. Any such change shall be made by the Chief of
Police, and at least 72 hours’ advanced notice shall be given to the affected Employees, to
include officers in Investigative Services and Administrative Divisions. The Chief of Police shall always make reasonable efforts to distribute fairly any necessary temporary changes among Employees.
Section 2. The procedures and practices for Employees to claim overtime, as currently set
forth in the South Bend Police Department Duty Manual (the "Duty Manual"), are summarized below in paragraphs A and B. The procedures and practices are subject to change to allow the Department to institute a more efficient system (including but not limited to an electronic based system).
A. All claims for overtime pay shall be submitted in Kronos by the Employee incurring said overtime and shall be signed by a Supervisor. Said request shall be filled out completely and accurately and shall include the case number, the dispatch number, or
other justification for incurring said overtime.
B. All claims for overtime pay must be submitted at the time earned and shall be paid with the next regularly scheduled paycheck covering the period in which overtime was earned.
ARTICLE 15 RECALL/MINIMUM STAFFING
Section 1. Voluntary Recall Overtime procedures are set forth in the Duty Manual. These
provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement. A. Supervisors within the Police Department shall follow a uniform standard for selecting
Employees for voluntary recall:
1. A sign-up roster shall be maintained for use in selecting officers for regularly occurring recall.
2. Any Employee qualified and trained for the position to be filled may sign the roster. All officers must sign roster(s) using their name and PN#.
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3. Any Employee qualified and trained for the position to be filled may sign the roster.
4. The supervisor responsible for the hiring of recall Employees shall recall according to Article 14, Section 2, of the Working Agreement. Division, shift, and section or unit assignments shall be utilized in determining primary
groupings. For example, a night shift uniform sergeant may be selected first for work in the night shift in the uniform division. 5. A rotational system will be employed to allow for selection of equally qualified Employees who may sign up for the same day.
6. Every effort shall be taken to ensure no Employee works so frequently as to become vulnerable to stress and fatigue. Employees shall work no more than
16 hours in a 24-hour period, unless an incident necessitates otherwise.
Employees must not work so many hours of secondary employment that they are unable to effectively perform their regular or recall duties. 7. In certain instances, such as Communications, a limited amount of Employees are qualified to serve in recall situations. Consideration in hiring needs is to be given to those who are from outside the primary group and wish only to work on limited occasions to maintain job proficiency.
8. All claims for recall shall be submitted in Kronos by the Employee incurring
the recall time and shall be signed by a supervisor. Said overtime pay request shall be filled out completely and accurately. 9. All claims for recall pay must be submitted at the time earned and shall be paid as soon as possible, but no later than the pay cycle following the submission of the overtime pay request and forwarding of the approved
record to payroll.
10. Employees shall receive a minimum of four (4) hours of pay for working
recall on their day off and a minimum of two (2) hours of pay for working recall when off duty on a regular scheduled workday. Recall time extending beyond the two(2) and four (4) hour minimum rule shall be calculated by quarter hour (0.25) increments. Recall shall be paid at the rate of one and one-
half (1-1/2) times the Employee's regular rate of pay.
B. For purposes of this Article, day off shall commence upon the completion of the last scheduled tour of duty, on the last regularly scheduled work day, prior to the regularly
scheduled days off and shall end at the beginning of the next regularly scheduled tour of
duty to be worked.
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Section 2. Any Employee qualified and trained for the position to be filled may sign the posted recall sheet; however, the shift commander or designee shall have the discretion on
filling the position(s). First consideration in filling a "beat" assignment shall be given to a "beat"
officer of comparable rank (i.e. a Patrolman shall be given priority on filling "beats" before a ranking officer). This article applies to all posted overtime, with the following considerations and exceptions:
A. Priority in consideration for Patrolman assignments.
1. Patrolmen from the Division and Shift involved shall be given first priority for any posted overtime that would normally be staffed by a Patrolman.
2. Patrolmen from the same Division where the overtime is needed shall be
given the second priority for any posted overtime that would normally be staffed by a Patrolman. 3. Sergeants and Lieutenants from the same Division and Shift involved shall be given third priority for any posted overtime that would normally be staffed by a Patrolman.
4. Sergeants and Lieutenants from the same Division shall be given fourth priority for any posted overtime that would normally be staffed by a
Patrolman.
5. All others trained and qualified for the "beat" position shall be the fifth priority for any posted overtime that would normally be staffed by a Patrolman.
B. Supervisor Recall.
1. Sergeants or Lieutenants from the Division and Shift involved shall have first priority for any posted overtime that would normally be staffed by a Supervisor.
2. Sergeants or Lieutenants from the same Division shall have second priority for any posted overtime that would normally be staffed by a Supervisor. 3. Sergeants or Lieutenants who are trained and qualified for the Supervisor position from all other Divisions shall have third priority.
4. Any "grant" or "special event" recall shall be picked on a normal rotation without being rank or division specific.
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C. General rules for selection.
1. When it is certain that there will be a vacancy, an officer who has already signed up will be selected to fill the vacancy, which shall be made as
soon as reasonably possible. 2. A selected officer may withdraw his/her name from the list more than 48 hours before the start of the assignment without penalty. After that time (emergencies excepted), if he/she withdraws from the assignment, he/she
shall lose any preference on sign-ups for 30 days, in addition to any other appropriate penalties. An officer who has not yet been notified of his/her selection may withdraw his/her name from the list at any time without penalty.
3. When more than one officer from the same priority group has signed up
for an assignment, the officer who has gone the longest time without
being selected to work recall shall be selected.
4. Any Chief of Police specified recall is not subject to a Division or Shift priority. These types of recall typically may require specialized training or equipment. 5. An officer, regardless of rank, will be allowed a "pick priority" once during a day off cycle. The officer's first pick in said cycle will be their "priority pick." For those Employees in the Uniform Division, it would
be one "pick priority" from their first working day through and including their last day off. For those Employees in the Services and Investigative Divisions, it would be one "pick priority" from their first working day through and including their last day off. For any additional selections, the Employee would fall into the last option.
6. Any list posted for recall for needs known in advance shall be posted for
a minimum of four (4) days before selections are made. Section 3. Minimum Staffing.
A. The City and the Lodge are committed to providing a safe environment for the well-
being of all Employees, as well as ensuring that the needs of the community are met on a daily basis. B. The City shall take reasonable steps to maintain a Uniform Shift Strength on each of
its three basic shifts that is necessary to meet the daily public safety needs and officer
safety concerns. The Detail Commander shall consider such matters as crime trends, special events, threats to public safety, community climate, and other factors necessary to determine, on a daily basis, that all needs are met.
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C. To ensure that levels never fall below a certain minimum staffing level at the start of a shift, the City shall always maintain a number of officers on the street equal to the
following numbers:
First Detail – 18 Second Detail – 18 Third Detail -18
The Department Administration and the Lodge agree to develop a strategy to supplement the Patrol shifts with additional officers. If during the duration of the shift, unless known in advance, an officer is not able to complete
his or her shift because of injury, sickness, or administrative leave, the detail commander
will make a reasonable attempt to replace this officer to stay at minimum levels if the time remaining on the shift is equal to or greater than four hours. This number would not include anyone assigned as a supervisor or K-9 unit.
D. For needs not known at least an hour in advance of the start of a shift, or for needs known
previously that cannot be filled by the routine posting of recall sheets, the Detail Commander will first ask for volunteers from the previous shift. If none come forward in a reasonable amount of time, the Detail Commander will then ask for volunteers from officers working grant patrols, as long as reassignment will not have a significant negative impact or effect
on the purpose of the grant. If none come forward in a reasonable amount of time, at the
discretion of the Detail Commander, the officers needed to meet the minimum staffing number from the previous shift will be required to work mandatory recall. ARTICLE 16
COURT TIME PAY Section 1. Court Time Pay provisions are provided for in the salary ordinance passed by the South Bend Common Council covering officers of the South Bend Police Department. These provisions are summarized as follows and shall not be reduced or diminished during the term
of this Working Agreement.
A. If a sworn member of the South Bend Police Department is subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and if that sworn member is off-duty, that officer or sworn member shall be paid overtime.
Such court time pay shall be paid at the overtime rate of pay. Such officers and
sworn members shall receive a minimum of four (4) hours of pay for appearing on their scheduled day off; and a minimum of two (2) hours of pay for appearing when off-duty on a regular scheduled work day.
Section 2. Court Time provisions are set forth in the South Bend Police Department Duty
Manual. These provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement:
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A. If a sworn officer is ordered or subpoenaed to appear during off-duty hours before any court, administrative body (i.e. civil, probate, Board of Public Safety, Alcohol
Beverage Board, etc.), or at the County Prosecutor's Office to validate a complaint
or warrant pertaining to incidents investigated by such officer as a result of his/her duty assignment, whether civil or criminal in nature, excepting only disciplinary matters in which the officer concerned is the accused, said officer shall receive overtime. Such court time shall be paid at one and one half (1-1/2) times the
officer's regular rate of pay. Officers shall receive a minimum of four (4) hours of
pay for appearing on their day off, and a minimum of two (2) hours of pay for appearing when off-duty on a regular scheduled work-day. Notwithstanding the previous sentence, officers regularly assigned to the third detail, who are not otherwise on-duty, shall receive a minimum of four (4) hours of pay for appearing
in court.
B. When an officer is subpoenaed to appear during his or her regularly scheduled work-period and his or her appearance extends beyond his or her shift, no minimums shall apply. Time will be paid in quarter hour (0.25) increments for that
time extending beyond the end of his or her regular shift. Time will be paid as
soon as possible, but no later than the pay cycle following the submission of the request for pay and forwarding of the approved record to payroll, which approval shall not be unreasonably delayed. Only one (1) minimum of two (2) or four (4) hours shall apply per day, except that officers regularly assigned to the third detail
will receive a minimum of one (1) hour of pay for appearing in Court on a different
matter more than four (4) hours after the first appearance that day.
1. Court time pay incurred over and above the two (2) or four (4) hour minimum rule shall be calculated by quarter-hour increments. 2. Sworn officers who are subpoenaed or ordered to appear before a court,
administrative body, or at the County Prosecutor's Office are not entitled
to court pay under this article if said appearance is the result of any situation or incident that is a result of an officer's part-time employment. 3. All claims for court time pay shall be submitted in Kronos by the officer incurring said court time. Said added request for pay shall be filled out accurately and completely. The case number or citation number must be
added to the comments section in Kronos. In the event that no case or
citation number has been issued, the name of the defendant, charge and date, must be entered in Kronos. 4. All claims for court time pay must be submitted at the time earned and
shall be paid with the next regularly scheduled pay period in which the
court time was earned.
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ARTICLE 17 VACATION
Section 1. Vacation provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement: A. Employees hired and sworn before December 31, 1986, shall be entitled to twenty-
eight (28) days’ vacation annually.
B. Employees hired and sworn after December 31, 1986, shall be entitled to vacations pursuant to the following schedule:
0-1 year of service 1 day per month after six (6) months
1-3 years of service 12 days annually 4-5 years of service 15 days annually
6-10 years of service 17 days annually 11-15 years of service 20 days annually
16-19 years of service 23 days annually
20+ years of service and over 26 days annually Section 2. Vacation provisions are set forth in the South Bend Police Department Duty Manual.
Extra vacations days outside a typical work week/rotation can be used as floating vacation days.
These provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement:
A. Vacations shall be selected by seniority, shift, day off group, assignment, or satellite
specialty unit assignment. There shall be no more than four (4) separate vacations, unless exception is made by the Captain and/or shift/unit commander. All vacation must be selected by January 31st of each year.
B. Upon separation from the Department, the City shall reimburse the separating
Employee for vacation earned and not used as of the date of separation.
C. Earned vacations shall not accumulate from year to year, except in the case when an Employee incurs an on-duty injury where said vacation cannot be used in light of the medically required recovery period. In such cases, earned vacation time shall be paid to the Employee at the rank and year earned, or carried over to the next year at the
Employee's choice, provided a physician of the City's choice shall verify that the
medically required recovery period prevents the Employee from performing the
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duties he/she may be assigned and the Employee's total vacation days used shall not exceed the total number of days actually worked during the carry-over year.
However, this section shall not prevent any Employee from using any vacation days
previously selected for the carry-over year. All other unused vacations shall be forfeited, unless addressed otherwise pursuant to the South Bend Police Department Duty Manual.
Section 3. Vacation time, once picked, shall be honored even in the event of an involuntary
shift transfer, provided, however, that such shift transfer is not connected with disciplinary action. ARTICLE 18
MEAL PERIODS Section 1. A paid meal period of thirty (30) minutes per shift shall be permitted for each Employee, except in the event of an emergency as deemed necessary by the person in charge of the Bureau of Communications or his or her designee. The cost of said meal shall be the
responsibility of the Employee and shall not be paid for by the City.
Section 2. The meal period must be completed during the first seven (7) hours of the Employee’s shift.
ARTICLE 19 HOLIDAYS AND CRITICAL DUTY DAYS Critical Duty Day pay stipend is set forth in the South Bend Common Council salary ordinance.
Section 1. Holidays for Investigative, Service and Administrative Divisions. A. This section shall apply only to those Employees who work Monday through Friday or a “4/3” schedule as their regular work schedule.
B. The Board of Public Safety, by Resolution, shall designate ten (10) holidays which shall fall Monday through Friday. Employees shall not be required to work such designated holidays and shall not have any financial deductions made from their pay checks for such days off.
C. If an Employee Selects his or her vacation pursuant to the provisions of the South Bend Police Department Duty Manual, and if one of the officially designated ten (10) holidays falls within said selected vacation period, said Employee shall not be charged a vacation day on that holiday.
Section 2. Critical Duty Days for Patrol Division and SFU.
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A. For all Employees of the Patrol Division and all other Employees who work a 6 and 3 schedule, the Board of Public Safety, by Resolution, shall designate eight (8) Critical Duty
Days. Critical Duty Days shall reflect those dates that may result in Employees being
inconvenienced in their personal lives to work due to the dates’ very nature in the year, activities held on such dates, and/or anticipated calls for service. The City acknowledges that Critical Duty Days cannot be divided evenly among the day off groups.
B. Any employee who actually works a designated Critical Duty Day as part of the Patrol
Division shall receive the critical duty day stipend as set forth by South Bend Common Council Ordinance. C. If any 6 and 3 Employee, or employee working a variation of the 6-3 assignment, is
needed to work any designated Critical Duty Day, other than as part of their regular duty
assignment, such Employee will be selected by the Chief of Police, or his/her designee, in accordance with the recall overtime procedures, voluntary or required, whichever is applicable, for filling the needs for additional Employees. Such Employees, in addition to overtime pay, shall receive the normal Critical Duty Day stipend.
Section 3. Miscellaneous Provisions. For purposes of this Article, the Critical Duty Day shall start at the beginning of the first detail of the patrol division, which is the detail that succeeds the detail on at midnight and shall last twenty-four (24) hours.
A. A 6-3 Employee, or variation within a 6-3 scheduled assignment, who works less than
the entire shift, for a reason other than an injury on the job, will receive a prorated Critical Duty Day stipend. If a 6-3 Employee, or variation within a 6-3 scheduled assignment, is needed to work any designated Critical Duty Day, other than as part of his or her regular duty assignment, such Employee will be selected by the Chief of
Police, or his/her designee, in accordance with the recall overtime procedures,
voluntary or required, whichever is applicable, for filling the needs for additional Employees. Such Employees, in addition to any Critical Duty Day stipend, shall receive the normal overtime pay.
B. If a 5-2 or a 10 hour shift Employee is called in on a designated Critical Duty Day
due to an emergency, he/she shall be entitled to the prorated Critical Duty Day stipend, as well as any overtime provisions for which he/she may qualify. If a 5-2 or a 10 hour shift Employee is needed to work any designated Critical Duty Day, other than as part of his or her regular duty assignment, such Employee will be selected by
the Chief of Police, or his/her designee, in accordance with the recall overtime
procedures, voluntary or required, whichever is applicable, for filling the needs for additional Employees. C. Officers assigned to S.R.O., or the South Bend Community School Corporation, or
multijurisdictional agencies shall, while so assigned, not be eligible for Critical Duty
Day pay while working as part of their regular duty assignments. Such officers shall be eligible for Critical Duty Day pay when temporarily assigned to a regular detail or
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if selected by the Chief of Police, or his/her designee, in accordance with recall overtime procedures, for filling the needs for additional employees.
D. ILEA / NILEA Academy personnel must submit and adhere to ILEA / NILEA Academy guidelines, hours, and all rules and regulations, as well as those mandated by the SBPD.
ARTICLE 20 ANNUAL CASH ALLOWANCE - REQUIREMENTS TO RECEIVE Section 1. Requirements to receive.
A. An annual cash allowance to defray the costs of the replacement, purchase, maintenance
and cleaning of the Employee's uniform and the charging or re-charging of radio equipment shall be provided by the City to each Employee. The initial uniform issue shall be the City's expense. All maintenance, repair, replacement, cleaning, and upkeep of the items provided in the initial uniform issue shall be borne by the Employee, pursuant to the
provisions of the South Bend Police Department Duty Manual. Failure to abide by such
procedures may result in monetary deductions to such annual cash allowance. B. The City shall create and maintain a procedure to make temporarily available to on-duty Employees replacement safety-related equipment, such as radios and flashlights, at all times
in the event of failure of such equipment. This provision shall not relieve Employees of their
obligation to maintain, repair, and clean items issued to Employees as set forth in Section 1(A). Section 2. Annual cash allowance provisions are addressed in the salary Ordinance passed by the
South Bend Common Council. One-fourth (1/4) of the annual sums authorized by the South Bend
Common Council shall be paid each calendar quarter. Said total annual amounts shall be as follows, unless reduced as set forth in Section 1 of this Article: 2021 2020
$1400 $1400
Said annual cash allowance shall be prorated in the first year of employment from the Employee's hiring date until the end of the calendar year. Said allowance shall be prorated in any year an Employee or officer retires, resigns, or otherwise leaves employment.
ARTICLE 21 INSURANCE Section 1. Employees who have met the eligibility requirements shall have the opportunity to
participate in the City's comprehensive major medical insurance program. The insurance
program provided by the City to officers and sworn members (“Employees”) shall be maintained at a level of benefits not less than the level of benefits received by the majority of all other City employees.
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Section 2. The contribution of the Employees shall be no greater than the contribution of other
City employees receiving the same benefits through the City's major medical insurance program.
Section 3. The City shall maintain a comprehensive major medical insurance program in which police retirees meeting the State minimum standards for pension eligibility and immediately able to draw a pension may participate until reaching 65 years of age or until they become Medicare
eligible, whichever occurs later. The program shall contain comprehensive major medical
insurance at the same level of benefits as is available to Employees of the Department. The contribution of eligible police retirees shall be no greater than the contribution required of other City retirees receiving the same benefits. No retiree who is currently participating in such a program shall be subsequently excluded because of this section. The election to participate in
the City’s major medical insurance program shall be made by the retiree in accordance with Ind.
Code § 5-10-8-2.2. Retiree spouses and/or dependents may also participate in the City’s retiree insurance program, if eligible. Eligibility shall be determined at the time of Employee’s retirement. No
additional dependents or spouses may be added to City insurance after the 90-day enrollment
period, regardless of qualifying life events. Individuals enrolled as dependents and/or spouses on a retiree’s insurance plan may cancel retiree insurance coverage at any time; however, neither dependents nor spouses may later re-elect to participate on the retiree’s plan once coverage has been terminated.
Widows and Widowers of Employees who die in the line of duty are eligible to enroll in the City’s major medical insurance program in accordance with Ind. Code § 5-10-18-4, et seq. The election to participate shall be made within 90 days of the date of their former husband’s or wife’s death. Widow(er)s may also enroll dependents in the City’s major medical insurance
program, but additional dependents may not be added after the initial enrollment period. The
dependents may continue on the Widow(er)’s insurance until they reach age 26. A new spouse of the Widow or Widower shall not be eligible for insurance. Widow(er)s who desire single or single plus minor dependent health insurance coverage
from the City's major medical insurance program shall pay the same rates as their former
husband or wife would have paid. The City assumes the deceased husband or wife would have paid retiree rates starting at age 52. Coverage shall cease when the Widow or Widower becomes Medicare eligible.
Section 4. The City of South Bend shall provide life insurance coverage to each Employee at a
level of benefits not less than the level of benefits received by other public safety employees. Section 5. Election to Leave the City's Insurance Program. The City shall pay any Employee who elects not to participate in the health insurance program a rebate equal to any rebate that
may be offered to other City Employees. This election shall not be mandatory, and the Employee
may return to the City's program provided that the conditions of the City's insurance plan are met and the contributions specified in Section 2 of this Article are made. However, the City will pay no more than one rebate per household.
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Section 6. The City's insurance programs shall continue to be reviewed by the Health Care
Insurance Committee under the direction of the City Controller to which the FOP has a
representative and, should any changes be made in the City's insurance programs. Employees and eligible police pensioners shall be informed not less than ninety (90) days prior to any change. Nothing in this Article is intended to restrict the freedom of the FOP to consult with the City Controller on health or life insurance matters.
ARTICLE 22 PERSONAL DAYS Section 1. During the term of this Agreement, each Employee with more than one (1) full year of
service shall receive on January 1st of each year of this agreement seven (7) days of Personal Time
for use in that year. During his or her first year of service, a sworn member shall receive one (1) day of personal time for each fifty-two (52) days of service. Upon the first anniversary date of swearing in, each Employee shall receive Personal Time to use in the remainder of that calendar year in an amount equal to one (1) day for every fifty (50) calendar days remaining in the year plus
one (1) additional day for any fraction remaining, not to exceed a maximum of seven (7) days.
Section 2. Personal days are designed to be used on a “use it or lose it basis." Nevertheless, the Lodge and City agree personal days may be added to and must be used in the next calendar year's first quarter up to a maximum of two (2) days. The parties further agree that unused Personal Days
may be rolled into the sick leave bank up to the maximum set forth in Article 12 of this Agreement.
Additionally, personal days may be added to vacations selected pursuant to Article 17 of this Agreement with the following maximum amounts being applied: 6 and 3 Personnel: Up to three (3) personal days added to the front of a vacation and up
to three (3) days added to the end of a vacation.
Upon request, one (1) Sergeant or Lieutenant in the Uniform Division shall be granted a personal day on each shift. Detail commanders must allow two (2) Patrol Officers off on personal time per shift, if requested. More officers may be allowed to use personal time provided the minimum
staffing does not drop below a scheduled minimum of 20 officers.
Section 3. Each Employee shall have the opportunity to earn by August 1st of each year, up to three (3) additional days of personal time through regularly scheduled state mandated proficiency qualifications. All such days which are earned shall be taken in the same year or
within the first quarter of the following year.
Section 4. Requests for Personal Time shall be made in writing to the Employee's Shift Commander (or designee) or Division Chief, at least twenty-four (24) hours in advance of the day requested but no more than thirty (30) days in advance, except in the case of personal
emergency. After a personal emergency, a follow-up written confirmation will be tendered by
the Employee on or before the first shift when the Employee returns to work. If more than two (2) Employees request the same day on the same calendar date, then a drawing of lots shall
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decide the recipient of the personal day. All requests shall be made only on each member's respective shift.
Section 5. The Chief of Police may implement a physical fitness program under such terms and conditions as he/she sees fit. Such program shall be voluntary.
Section 6. In the event an Employee has used all of his or her sick time at the time of an absence,
such absence will be compensated with any unused personal and vacation time accrued by the Employee. ARTICLE 23
RETIREMENT SICK LEAVE BUY-BACK Section 1. Employees of the South Bend Police Department may accumulate within a sick day bank a maximum of ninety (90) days.
Section 2. Upon a minimum of fourteen (14) days' notice prior to retirement, any Employee of
the South Bend Police Department may sell back to the City any number of sick days which he or she has accumulated in his or her sick bank up to a maximum of ninety (90) days. The rate of reimbursement shall be one-half (1/2) of the hourly rate of base pay for the rank of 1st class Patrolman.
Section 3. All payments made pursuant to the City’s Retirement Sick-Leave Buy Back Program for the South Bend Police Department shall be paid in one (1) lump sum payment by the City on the next regular payday, following the effective date of the Employee’s retirement from the Department, or as soon thereafter as possible.
Section 4. The policy in Section 2 shall also apply to all Employees who separate from the Department, except those discharged for cause. ARTICLE 24
TRADING OF DAYS Section 1. An Off-Duty Officer may replace a Duty Day Officer. The process is summarized as follows and shall not be reduced or diminished during the term of this Working Agreement:
A. An Employee may have an off-duty Employee work for him/her on his/her normal tour of
duty. The requesting Employee will submit an officer’s report to his or her supervisor three (3) days in advance of the switch. B. Both the requesting Employee and the Employee making the trade will sign the bottom of
the officer's report.
C. If for any reason neither Employee shows for that tour of duty, the Employee who agreed to switch and work that day will be held accountable and listed as AWOL.
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D. Trading time, as described above, shall only be permitted among Employees within the same job classification, in order to ensure that all duties and responsibilities are properly
dispensed, e.g., a Patrol Sergeant asking a lab Technician Sergeant to switch days is
unacceptable, since the Lab Technician may be able to perform patrol duties, but the Patrol Sergeant may not be able to perform lab duties. Section 2. To define the parameters and procedures for donating time between ranks and, by
agreement, incorporate the same into the Working Agreement between the parties:
A. It is the intention of the parties that any earned and unused vacation, sick, and/or personal time may be donated to another member of the SBPD who has exhausted all available paid leave time with the City.
B. Members shall be permitted to donate time to members of equal or lesser rank only. C. Time donation shall be documented by sending an email to the Support Division Financial Specialist, or his/her designee. All donations shall be used on a first in-first out basis.
D. All such donations of time, which may be approved by the City, shall be cost neutral or a cost savings to the City. ARTICLE 25
POLICY FOR ATTENDING CHILD'S BIRTH In the event an employee does not qualify for the city’s paid parental leave policy, the following applies: in the event of a child born to an Employee (either as the mother or the father of the child) or to an Employee's spouse, an Employee, as defined herein, shall receive three (3) days
leave time without loss of pay to attend the child's/children’s birth(s), upon the approval of the
Chief of Police or his or her designee, whose approval shall not be unreasonably withheld. Such time may be only be taken as follows: one (1) day on the day of the child's birth, and two (2) days within seven (7) calendar days after the birth. Any additional time shall be at the discretion of the Chief of Police, or his or her designee, which such additional time shall be deducted from the
Employee's personal day account. All other employees shall receive leave in accordance with city
policy. ARTICLE 26 FAMILY LEAVES AND MEDICAL LEAVES OF ABSENCE
The City agrees to fully comply with all provisions of the Family Medical Leave Act of 1993 as it exists on the date this Agreement goes into effect. For additional information, please see www.dol.gov/whd/fmla. Any issues regarding New Child Leave, Family Leave, and Employee Family or Medical Leave not covered by the Family Medical Leave Act of 1993 shall be
determined by City Policy.
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ARTICLE 27 LEAVE OF ABSENCE
Leaves of absence may be granted by the Board of Public Safety only for the purposes specified in federal, state, or local law. ARTICLE 28
PAY DAYS
Section 1. Employee’s scheduled pay days shall be posted annually. Section 2. Overtime pay shall be paid as soon as possible, but no later than the pay cycle following
the submission of the Kronos request for pay and forwarding of the approved record to payroll,
which forwarding shall not be unreasonably delayed. ARTICLE 29 SENIORITY, LAY OFF, AND RECALL
Section 1. Seniority shall mean the total length of continuous service as an Employee of the South Bend Police Department of the City. Section 2. The City shall maintain a roster of Employees, arranged according to seniority,
showing the name, position, date of hire, and shall furnish a copy of said roster to the Lodge
during the first month of each calendar year. Section 3. An Employee shall lose his or her employment status, including seniority, if he/she resigns or quits, is discharged, retires, or has been on lay off status for three (3) years. An
Employee shall also lose his/her eligibility for reinstatement if the Employee has not kept the
City of South Bend informed of his/her current address and is eligible for reinstatement under all Indiana laws. Section 4. A "lay off” is defined to be a necessary reduction in the work force of the Police
Department. Lay offs shall be made in the reverse order of seniority; that is the Employee with
the least seniority shall be laid off first, and the Employee with the most seniority shall be laid off last. Section 5. A "call back" shall be an increase in the work force of the Police Department
following a lay off. Call backs shall be made by seniority with the employee with the most
seniority being the first individual to be called back, and the employee with the least seniority being the last individual to be called back. Section 6. Any Employee laid off shall be given at least thirty (30) days' notice prior to the lay
off. No Employee's position shall be replaced by civilian or volunteer help. Notwithstanding the
foregoing, the City shall be allowed to replace such employee’s position through attrition.
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Section 7. The City shall not enter into subcontracted agreements providing for police services currently provided for by the Police Department where such subcontracting results in an
Employee being laid off from the department or affecting recall.
Section 8. For patrolmen first class, openings for day shift patrol shall be posted for a time period decided by the Chief of Police. Unless extenuating circumstances exist, seniority will be the primary consideration for filling the position.
Section 9. An Employee shall be informed of his/her reinstatement by written notice sent by certified mail to his/her last known address. Within twenty (20) calendar days after notice of reinstatement is sent to an Employee, he/she must advise the City of South Bend of acceptance of reinstatement and that he/she will be able to commence employment in the date specified in the
notice. All reinstatement rights granted to an Employee terminate upon his/her failure to accept
reinstatement within that twenty (20) day period. ARTICLE 30 WORK-RELATED INJURIES
Section 1. Any employee who suffers an injury while performing his or her duty, or contracts illness caused by the performance of his or her duty, with the Police Department and is unable to work shall be paid as set forth in Indiana Code § 36-8-4-5, et seq., as it may be amended.
Section 2. Any employee who suffers an injury while performing his or her duty, or contracts
illness caused by the performance of his or her duty, with the Police Department shall be paid his or her regular wages and benefits as set forth by the appropriate ordinance for his or her classification, which the employee would have received if on duty, and shall continue to receive such wages and benefits until said Employee is determined to be fit for duty or until placed on
pension disability pursuant to the applicable state statutes.
Section 3. Each Employee shall cooperate with the City in the enforcement of its rights against the third party pursuant to I.C. § 36-8-4-5(c).
ARTICLE 31 WORKWEEK Section 1. The Tour of Duty as of the effective date of this Working Agreement shall be as follows:
Six (6) days on duty with three (3) days off duty; or Five (5) days on duty with two (2) days off duty; or Four (4) ten-hour days on duty with three and or four (3 and/or 4) days off duty.
Tour of Duty shall mean the shift during which an Employee is on duty. In the event it is
determined that an additional Tour of Duty Of Four (4) days on duty with three (3) days off duty, or a variation of (e.g., 4 on 3 off; 3 on 4 off; or 4 on 4 off), a separate ratification vote of the Lodge shall be required before implementation of the same.
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Section 2. Special Details, including the Strategic Focus Unit (“SFU”) and similar type of special
operations, and other work assignments shall be made at the Police Chief's discretion. Details shall
end their Tour of Duty upon the completion of roll call (including required duties) of the relieving Detail, provided that overtime shall be paid for the time spent in excess of the regular work day as provided for in Article 14 herein.
ARTICLE 32 INDEMNIFICATION Section 1. The City shall indemnify and hold harmless each Employee from claims, suits, costs, and judgment because of the acts or omissions of the employee arising out of and/or in the
course of the performance of his or her police duties whereby he/she invokes his or her police
powers to provide for the public safety or in the providing of assistance for another public safety agency. Section 2. In no event shall the City indemnify and hold harmless any employee who willfully
or negligently violates any law, statute, ordinance, South Bend Police Department Duty Manual,
special, general, or personnel order, or other rules and regulations of the Police Department. Section 3. In no event shall the City indemnify and hold harmless an Employee for claims, other than those arising out of said Employee's police powers as provided in Section 1 herein or
arising out of services provided for or compensated by an entity other than the City, whether
within or outside of the City limits. Section 4. The City shall take such actions as it deems appropriate to forestall the execution of judgment against an Employee personally, and if, notwithstanding such efforts by the City,
execution is levied, the City will indemnify and hold harmless the Employee on any judgment
covered under Section 1 of this Article. Section 5. The City shall provide legal counsel of the City's choosing to any Employee against whom legal action has commenced as a result of the acts or omissions of the police
officer as set forth in Section 1 of this Article. Section 6. As a condition precedent to the right of indemnification under this Article, any Employee desiring indemnification shall:
A. Tender in writing to the City's attorney a notice of the City's right to appear and
defend any litigation as may result in a judgment covered by this Article and grant to the City the right to make such investigation, negotiation, and settlement of any claim as the City deems appropriate;
B. Give written notice containing the particulars sufficient to identify the employee
involved and information as to the time, place, and circumstances thereof to the City's attorney as soon as reasonably practicable following a covered occurrence;
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C. Forward immediately any or all suit papers, demands, notices, summons, complaints, or other process received by such employee to the City's attorney;
D. Cooperate fully with the investigation and with the City in conducting or settlement
of any legal proceedings, and additionally grant the City the right to free access
and use of all hospital, medical, or doctor's records and reports as to any of the employee's physical or mental condition in the conduct or settlement of any legal proceedings; and
E. Any settlements reached must be approved by the City before taking effect.
ARTICLE 33 EFFECT OF WORKING AGREEMENT
Section 1. The parties mutually agree that the terms and conditions set forth in this Working
Agreement represent the understanding and commitment between the parties. Section 2. Should any Article, Section, or Clause of this Working Agreement be declared illegal by a court of competent jurisdiction, said Article, Section, or Clause, as the case may
be, shall be automatically deleted from this Working Agreement to the extent that it violates
the law, but the remaining Articles, Sections, and Clauses shall remain in full force and effect for the duration of the Working Agreement, if not affected by the deleted Article, Section, or Clause.
Section 3. Nothing in this Working Agreement shall limit the Lodge’s rights to remedies
under applicable statute or ordinance, subject only to the Lodge’s obligation to first exhaust its remedies as provided hereunder. Section 4. All references to monetary amounts in this Agreement shall be subject to
authorization by the South Bend Common Council.
ARTICLE 34 DRUG-FREE WORKPLACE
In recognition of the importance, both in human and economic terms, of drug and alcohol
abuse, the City of South Bend and the officers and sworn members (“Employees”) of its Police Department are committed to make every effort to have a drug and alcohol free workforce. This Working Agreement therefore adopts the City of South Bend Drug Detection and Deterrence Policy Procedures, as amended from time-to-time, except, however, that the blood alcohol
concentration level for officers and sworn members (“Employees”) shall not exceed .01 % during
on-duty periods and shall not exceed .04% when utilizing City-owned equipment during off-duty periods. In order to ensure fairness, the City and the FOP agree that officers shall be tested on a random,
post- accident and post-critical duty-related incident basis, as per City of South Bend Policy.
If an officer has taken a random test during the calendar year, he/she shall be placed in a pool
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which has a lower probability of a random test for the remainder of the year. The choice of time of testing shall be made by the Chief of Police or his/her designee.
ARTICLE 35 JOINT LABOR/MANAGEMENT COMMITTEE A. Joint Labor/Management Committee
Section 1. It is the desire of the City and the Lodge to maintain the highest standards of professionalism and communication for the betterment of the South Bend Police Department. Section 2. In accordance with such principles, the City and the Lodge shall each appoint four (4)
members to a Joint Labor/Management Committee. The Chief of Police, or his/her designee, shall
be the ninth (9th) member of the Committee and shall vote on issues only in the case of a tie. Section 3. This Committee will meet at the request of the Chief of Police or the President of the Lodge, but no less than on a quarterly basis, to discuss issues relevant to the South Bend Police
Department and its members and shall make advisory recommendations on said issues. Section 4. Minutes of all meetings of the Committee shall be kept. Thereafter, such minutes shall be maintained for the term of the Working Agreement.
Section 5. Joint Labor/Management members will be granted reasonable time off with pay to
attend such meetings. B. Twenty (20) days before any General Order becomes effective as a General Order, the Police Chief shall notify the Lodge and present it with a copy of the proposed General
Order. Both sides shall make a good faith effort to sit down and discuss the proposed
General Order during the ensuing twenty (20) days. Nothing in this Article shall limit the right of the Police Chief to promulgate a General Order after meeting with the Lodge or after the twenty (20) days’ notice (whichever occurs sooner) or to promulgate Special Orders.
ARTICLE 36 DURATION OF WORKING AGREEMENT Section 1. This Working Agreement shall be in full force and effect from January 1, 2021, through
and including December 31, .
Section 2. If either party desires to modify or renegotiate this Working Agreement, it shall give the other party written notice of such desire at least six (6) months prior to the expiration date of the Working Agreement. The notice must be in writing or electronic.
Section 3. If an Agreement is not reached with respect to such changes or modifications by the expiration date of the Working Agreement, the terms and provisions of this Working Agreement
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shall remain in full force and effect for one (1) full year, unless a new Agreement is reached during that year, except for items specifically set forth in the salary ordinance or unless forbidden by law.
Section 4. In the event the parties are unable to reach an agreement within one (1) year after the date that this written agreement expires, the matter shall be submitted to binding arbitration following the process outlined in Article 8. All costs of this arbitration shall be borne equally between the parties.
Section 5. Both parties agree to meet at all reasonable times and places to negotiate in good faith for the purpose of attempting to reach agreement on any new or modified Working Agreement in accordance with I.C. § 36-8-22, et seq.
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In Witness Whereof, the parties have approved and executed this Working Agreement by their authorized representative in South Bend, Indiana, this ________ day of ________, 2020.
FRATERNAL ORDER OF POLICE BOARD OF PUBLIC SAFETY FOR AND ON LODGE NO. 36 BEHALF OF THE CITY OF SOUTH BEND, “LODGE” INDIANA “CITY”
By: By:
____________________________ Harvey Mills, President
____________________________
Joshua Morgan, Vice President
____________________________ Scott Bryant, Wage Team Member
____________________________ Jeremy Siade, Wage Team Member
____________________________
Dan Moryl, Wage Team Member
_____________________________ Dan Demler, Wage Team Member
____________________________
Stephanie Northcutt, Wage Team Member
Leo Blackwell, Legal Counsel for the Lodge and Robert Palmer, Agent and Spokesperson for the South Bend Common Council, verify that the forgoing document sets forth all of the agreements
reached between the parties hereto.
________________________________ ___________________________ Leo Blackwell Robert Palmer