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CCR2003010. . . COMMON COUNCIL. CITY OF MUSKEGO RESOLUTION #010-2003 APPROVAL OF AMENDMENT TO PERSONNEL CODE FOR MANAGEMENT AND OTHER NONREPRESENTED EMPLOYEES OF THE CITY OF MUSKEGO WHEREAS, Upon negotiations with the Muskego Police Association in 2002, it was agreed that the Sergeant positions would not be represented by the association effective November 14, 2002; and WHEREAS, These positions would then be covered under the City's Personnel Code for Management and Other Nonrepresented Employees; and WHEREAS, The Finance Committee has reviewed and recommended approval of an Amendment to the Personnel Code for Management and Other Nonrepresented Employees of the City of Muskego to include language that pertains to the Sergeant positions; and WHEREAS, The Finance Committee also reviewed and recommended other minor changes to the Code; and WHEREAS, The proposed amendments are attached. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby adopt the attached Amendment to the Personnel Code for Management and Other Nonrepresented Employees of the City of Muskego. DATED THIS 14TH DAY OF JANUARY ,2003. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Patrick Patterson This is to certify that this is a true and accurate copy of Resolution #010-2003 which was adopted by the Common Council of the City of Muskego. ~K h1~~ CI -Treasurer 1/03jrnb . W182 58200 Racine Avenue PO Box 749 Muskego, WI 53150-0749 262 679-5675 DATE: TO: December 20, 2002 Mayor Mark Slocomb, Ald. Sanders, Ald. Salentine, Ald. Petfalski Cathie Anderson, Executive AssistantJHR Coordinator FROM: RE: Amendments to Nonrepresented Personnel Code **************************************************************************** With the inclusion of the sergeants in the Nonrepresented group, the following adjustments are requested to be incorporated into the Personnel Code by resolution: ARTICLE IV - RETIREMENT PROGRAM 4.01 Add Sergeants ARTICLE VII - Workday & Work Week . Add: Section 7.02 - The normal hours of work for hourly Police Department sworn employees covered by this Code are as follows: A. The normal workday consists of eight (8) consecutive duty hours including one-half (1/2) hour lunch break, subject to call, and shall be preceded by fifteen (15) minutes of report-in time, for a total of eight and one-quarter (8 %) hours. B. The schedule of days worked shall normally be as follows: Four (4) days of work followed by two (2) days off and in turn: Four (4) days of work followed by two (2) days off (4-2)(4-2) . Add: Section 7.03 - On November 1, of the preceding year, hourly police department sworn employees may select their preferred shift assignment within their respective rank, according to their seniority within that rank. Each . employee will be allowed three (3) days from the last pick to make their choice of shift selection. A list will be posted showing the available shift assignments, along with a seniority listing. Employees will be checked off as they complete their pick. It will be each employee's responsibility to check the list for their time to pick. The newly selected shifts shall take effect January 2 of each year. In the event that the shift selection process results in an employee working in excess of four (4) consecutive days, the employee will not be able to claim additional compensation. In the event that the shift selection process results in an . . . Amendments to 2002 Nonrepresented Personnel Code Page 2 employee working two (2) consecutive shifts, the employee will be required to take a vacation day, personal holiday, trade days, or compensatory time in lieu of working the second consecutive shift, if manpower allows. Any employee not making his shift selection at the proper time shall lose his seniority rights for the selection process. Add: Section 7.04 - Trade Days - Hourly Police Department sworn employees who have a need for trade days and who can meet the provisions of the below guidelines may file a "Trade Day" request with their respective Division Lieutenant or his/her Designee. The Division Lieutenant/Designee shall be responsible to screen all trade day requests. Said request shall be granted or denied based on but not limited to the following criteria: A. Employees in like classification will be permitted to trade between each other any authorized days off, or one (1) of their off days in each group. An authorized day is defined as an eight and one quarter (8.25) hour shift within a twenty-four hour period. Trade days shall not be granted between sworn and non-sworn personnel, investigative and uniform personnel, or dispatch and non-dispatch personnel. B. Request for a trade day will be made in writing prior to the trade occurring. C. Employees will not be permitted to trade shifts unless a minimum of eight (8) hours separates the hour of work. D. Probationary employees will not be permitted this opportunity unless all necessary training has been completed so as to allow the employee to work without the direct supervision of a field-training officer, and that the employee is counted for minimum staffing. E. Officers will be allowed to utilize trade days prior to use of compensatory time. F. Trades are not limited to 8.25-hour shifts, but include the ability to trade partial shifts and hours, as is the past practice of the Department. G. No trades involving either a partial, or whole, shift will be approved which would cause an officer to work in excess of 12.25 hours consecutively. ARTICLE VIII- CALL-IN-TIME Amendments to 2002 Nonrepresented Personnel Code Page 3 . Add: Section 8.03 - If an hourly Police Department sworn employee's court appearance is canceled with less than eight (8) hours notice, the officer shall be paid two (2) hours at straight time. ARTICLE IX - HOLIDAYS Add: Section 9.06 - All hourly Police Department sworn employees scheduled to work a 4-2, 4-2 work schedule shall be entitled to eight (8) hours pay at their regular straight-time rate for eight (8) of the following holidays. Such payment to be made in a lump sum, payable to each employee, first pay period of December of each year. This shall be a separate payment for holidays only. The parties understand and agree that this annual December holiday payment shall be paid on a pro-rated basis for employees whose employment has terminated, or who are placed on an unpaid leave of absence prior to the end of the calendar year. Said pro-rated payout shall be on the basis of one-twelfth (1/12) of the payout to be paid for each month worked during the calendar year. A month shall be considered worked provided the employee either began prior to the 15th of the month or worked past the 15th of the month in the event his employment is terminated or he is placed on an unpaid leave of absence. In any event, an employee who commenced work in the month of January of the then applicable calendar year shall receive all twelve (12) months of said holiday pay. The parties agree that the holidays shall be as follows: . *Spring Holiday (1/2 Day) Memorial Day Independence Day labor Day Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day New Year's Day Day After Thanksgiving *March 29, 2002 and April 18, 2003 In addition to the eight (8) days of holiday pay, hourly Police Department sworn employees shall be entitled to take two (2) floating holidays at a time mutually agreed upon by the Chief and employee. The accrual of hours for these floating holiday hours shall be on a pro-rated basis for employees whose employment has terminated, or who are placed on an unpaid leave of absence. Said pro-rated payout shall be on the basis of one-twelfth (1/12) of the payment to be paid for each month worked during the calendar year, and shall be paid with the remaining holiday payout on the first pay period in December. The employee may elect to take any unused holiday time pay at the regular straight-time rate in lieu of such holiday(s) to be paid with the last paycheck of the year. . If an employee works a full shift on a holiday, which does not fall on one of his scheduled workdays, he shall receive sixteen (16) hours of pay in addition to his Amendments to 2002 Nonrepresented Personnel Code Page 4 . regular monthly salary. If less than a full shift, i.e., eight and one-quarter (8-1/4) hours, is worked on such holidays, a proportionate amount shall be paid. If an employee is scheduled to work on a holiday, all hours worked in addition to the regular shift shall be paid at two times the employee's regular hourly wage. ARTICLE X - OVERTIME . Add: Section 10.05 Police Department sworn Employees- So long as there is scheduled a 4-2, 4-2 work schedule, there shall be a fifteen (15) minute call-in role call prior to the start of the shift. All employees who work in excess of their normal regularly scheduled workday of eight and one-quarter (8 '/..) hours or regularly scheduled workweek shall receive time and one-half (1 'h) for all such hours worked. Payment for such overtime shall be made on each pay period, provided, however, that an employee who has worked overtime shall have the alternative of being paid for such overtime or be granted compensatory time off at the rate of one and one-half (1 'h) hours for each overtime hour worked. Provided, however, that employees must submit compensatory overtime by the first workday of the month following the month in which the overtime was earned provided further that no employee may accumulate, for the purpose of compensatory time off, more than sixty (60) hours of compensatory time off. Any overtime accumulated in excess of sixty (60) hours will be compensated pursuant to this Article. The employer shall have the right to schedule employees for the annual in- service training and specialized training by adjusting off-duty time to avoid having to pay time and one-half 1 1/2x) if a training session would otherwise fall on the employee's regular off time, provided the training session is a minimum of eight hours in length (to be considered the equivalent to the loss of a regular shift). ARTICLE XIV- WORKER'S COMPENSATION . Amend Article 14.02 to read: All employees of the City of Muskego are entitled to Worker's Compensation coverage. Any employee who is absent from work because of an injury or illness that occurred while at work shall suffer no loss of compensation during such period of absence up to a maximum of one (1) year per injury event. An Employee on temporary partial or temporary total disability shall receive full regular pay up to a maximum of three (3) working days for the hours scheduled to work until eligible for Worker's Compensation payment. If eligible, the insurance carrier will send a tax exempt check to the City of Muskego made payable to the employee for 2/3 of their pre-injury weekly wage for each week on Worker's Compensation leave. The City of Muskego will process a payroll check to the employee for the difference between the Worker's . . . Amendments to 2002 Nomepresented Personnel Code Page 5 Compensation payment and the employee's regular wages (1/3 of lost wages). Both payments will be distributed with the biweekly payroll. During the period of such differential pay, there shall be no deductions from the employee's earned sick leave, vacation credit or retirement benefits. ARTICLE XVII - INSURANCE Section 17.06 Delete -17.06. A retired em 10 ee or widow or widower ma elect to leave their accumulated sick pay with the City to apply toward payment of monthlY health insurance premiums. The amount of money in the fund shall have interest calculated on December 31st. with the rate of interest beina eaual to the interest rate determined by the City auditor. who shall determine the interest earned on City investments for that calendar Year. This interest amount shall be a lied retroactivel for the entire ear. The Ci shall rovide the em 10 ee with a rintout Februa 1st of each ear identi in the exact amount of money available in the fund. The retired employee may elect to remove his mone from this account at an time u on ivin the Ci 30 da s written notice. unless a waiver was sianed by the employee for tax purposes that re uired a out to be held for a ment of remiums onl . ARTICLE XXI- GRIEVANCE PROCEDURE Add Section 21.04 - Hourly Police Department sworn employees' grievance claims may not contain any issue with respect to discipline taken by the Department. Such disciplinary matters shall be handled pursuant to Wisconsin State Statutes 62.13 (5). ARTICLE XXII - SAFETY Add Section 22.02 - Protectiye Body Armor. The City shall pay up to the sum of Three Hundred Fifty Dollars ($350.00) to all uniformed Police Department employees to be used towards the initial purchase of protectiye body armor, with the minimum standards of protection being a Class IIA yest. In addition, the City shall replace these items within a five (5) year time frame. LONGEVITY Add: *excludes Police Chief, Captain, Lieutenants and hourly Police Department sworn employees who are covered under "C Miscellaneous", C. Miscellaneous. Change third paragraph to read "The Police Chief, Captain and the Lieutenants shall receiye the same uniform maintenance benefits as provided to the uniformed Police Officers with the exception of any Lieutenant or hourly Police Department sworn employee who is required to be in uniform, shall receive the uniform allowance for represented uniformed officers. . .~ , Amendments to 2002 Nonrepresented Personnel Code Page 6 Change sixth paragraph to read "On December 31st of each year, the City shall put into an interest-bearing account, for the Police Chief, Captain, Lieutenant and hourlv Police Department sworn emplovees covered by this code money that would have been paid in longevity for that year according to the following schedule: $10.00 per month after 5 years of service 15.00 per month after 10 years of service 20.00 per month after 15 years of service 25.00 per month after 20 years of service Each year when the amount is deposited by the City, a print out shall be provided to the Muskego Police Association identifying the contribution and the officer whose name the contribution was made under. The amount of money in the Fund shall have interest calculated on December 31st, with the rate of interest being equal to the interest rate determined by the City auditor who shall determine the interest earned on City investments for the calendar year. This interest amount shall be applied retroactively for the entire year. The City shall provide Police Department sworn emplovees covered bv this Section with a printout February 1st of each year identifying the exact amount of money available in the fund.........