JULY 1,2005 - City of Rochester

JULY 1, 2005

TO

JUNE 30, 2008

AGREEMENT

between

THE CITY OF ROCHESTER

and

ROCHESTER POLICE LOCUST CLUB, INC.

JULY 1, 2005

TO

JUNE 30, 2008

1 TABLE OF CONTENTS23 ARTICLE 1 PURPOSE OF AGREEMENT 145 ARTICLE 2 RECOGNITION AND DUES CHECKOFF6 Section 1 Bargaining Agent I78 Section 2 Non-Interference 19 Section 3 Agency Shop 1

1011 Section 4 Dues Checkoff 1-212 Section 5 Police Benevolent Dues 213 Section 6 Rehired Members 214 Section 7 Remittance of Deductions 21516 ARTICLE 3 POLICE SALARIES17 Section 1 Wage Schedule 3-81819 Section 2 Differential 920 Section 3 (A) Salary Steps-Police Officers,21 Bracket 90 9-1022 (B) Other Jurisdictions 1023 (C) Salary Steps - Pay Steps -24 Officer Ranks 1025 Section 4 Longevity 1026 Section 5 Pensions 10-1127 Section 6 Shift Adjustment 1128 Section 7 Field Training Officers &29 Coordinators 1130 Section 8 Flexible Benefit Program 1131 Section 9 Deferred Compensation Plan 1132 Section 10 K-9 1133 Section 11 Performance Enhancement34 Allowance 11-123536 ARTICLE 4 PROFESSIONAL STANDARDS 123738 ARTICLE 5 MERIT TESTING FOR INVESTIGATOR39 Section 1 Testing Procedure 1240 Section 2 Preference for Experience 1241 Section 3 Compensation 1342 Section 4 Duration of Assignment 1343 Section 5 Temporary Assignments 13-1444 Section 6 Current Assignments 14

1 TABLE OF CONTENTS 2 3 ARTICLE 1 PURPOSE OF AGREEMENT 1

4 5 ARTICLE 2 RECOGNITION AND DUES CHECKOFF

6 Section 1 Bargaining Agent 1

7 8 Section 2 Non-Interference 1

9 Section 3 Agency Shop 1

10 11 Section 4 Dues Checkoff 1-2

12 Section 5 Police Benevolent Dues 2

13 Section 6 Rehired Members 2

14 Section 7 Remittance of Deductions 2

15 16 ARTICLE 3 POLICE SALARIES 17 Section 1 Wage Schedule 3-8

18 19 Section 2 Differential 9

20 Section 3 (A) Salary Steps-Police Officers,

21 Bracket 90 9-10

22 (B) Other Jurisdictions 10

23 (C) Salary Steps - Pay Steps -

24 Officer Ranks 10

25 Section 4 Longevity 10

26 Section 5 Pensions 10-11

27 Section 6 Shift Adjustment 11

28 Section 7 Field Training Officers & 29 Coordinators 11

30 Section 8 Flexible Benefit Program 11

31 Section 9 Deferred Compensation Plan 11

32 Section 10 K-9 11

33 Section 11 Performance Enhancement

34 Allowance 11-12

35 36 ARTICLE 4 PROFESSIONAL STANDARDS 12

37 38 ARTICLE 5 MERIT TESTING FOR INVESTIGATOR 39 Section 1 Testing Procedure 12

40 Section 2 Preference for Experience 12

41 Section 3 Compensation 13

42 Section 4 Duration of Assignment 13

43 Section 5 Temporary Assignments 13-14

44 Section 6 Current Assignments 14

1 ARTICLE 6 PAID HOLIDAYS2 Section 1 Recognized Holidays 14-153 Section 2 Payment for Holidays 1545 ARTICLE 7 BENEFITS FOR ON-DUTY INJURY6 Section 1 Benefits 157 Section 2 Other Provisions 1589 ARTICLE 8 SICK LEAVE

10 Section 1 Statement of Purpose 1611 Section 2 Eligibility 1612 Section 3 Bills for Service 1613 Section 4 Discontinued Tours 1614 Section 5 Sick Leave Allowance 1615 Section 6 Obligation of Officer on Sick16 Leave to Remain at Home or17 in Place of Confinement 16-171819 ARTICLE 9 PERSONAL LEAVE FOR PERFECT20 ATTENDANCE 172122 ARTICLE 10 VACATIONS23 Section 1 Statement of Purpose 1724 Section 2 Emergency Situations 1725 Section 3 Choice and Retention of26 Furlough 1727 Section 4 Vacation Allowance 182829 ARTICLE 11 HOSPITAL AND SURGICAL INSURANCE30 AND DEATH BENEFITS31 Section 1 Hospital and Surgical Health32 Benefits 18-1933 Section 2 Cost of Benefits to Employees 1934 Section 3 Alternative Plans 1935 Section 4 Dependent Coverage 2036 Section 5 Payroll Deductions 2037 Section 6 Life Insurance 2038 Section 7 Death Benefit 2039 Section 8 Dental Plan 2040 Section 9 Coverage for Retirees 20-214142 ARTICLE 12 CLOTHING & MILEAGE ALLOWANCE43 Section 1 Clothing Allowance & Payments 2144 Section 2 Payment for Terminated or45 Retired Members 2146 Section 3 Safety Prescription Glasses 21-22

1 ARTICLE 6 PAID HOLIDAYS 2 Section 1 Recognized Holidays 14-15

3 Section 2 Payment for Holidays 15

4 5 ARTICLE 7 BENEFITS FOR ON-DUTY INJURY 6 Section 1 Benefits 15

7 Section 2 Other Provisions 15

8 9 ARTICLE 8 SICK LEAVE

10 Section 1 Statement of Purpose 16

11 Section 2 Eligibility 16

12 Section 3 Bills for Service 16

13 Section 4 Discontinued Tours 16

14 Section 5 Sick Leave Allowance 16

15 Section 6 Obligation of Officer on Sick 16 Leave to Remain at Home or

17 in Place of Confinement 16-17

18 19 ARTICLE 9 PERSONAL LEA VE FOR PERFECT 20 ATTENDANCE 17

21 22 ARTICLE 10 VACATIONS 23 Section 1 Statement of Purpose 17

24 Section 2 Emergency Situations 17

25 Section 3 Choice and Retention of 26 Furlough 17

27 Section 4 Vacation Allowance 18

28 29 ARTICLE 11 HOSPITAL AND SURGICAL INSURANCE 30 AND DEATH BENEFITS 31 Section 1 Hospital and Surgical Health 32 Benefits 18-19

33 Section 2 Cost of Benefits to Employees 19

34 Section 3 Alternative Plans 19

35 Section 4 Dependent Coverage 20

36 Section 5 Payroll Deductions 20

37 Section 6 Life Insurance 20

38 Section 7 Death Benefit 20

39 Section 8 Dental Plan 20

40 Section 9 Coverage for Retirees 20-21

41 42 ARTICLE 12 CLOTHING & MILEAGE ALLOWANCE 43 Section 1 Clothing Allowance & Payments 21 44 Section 2 Payment for Terminated or 45 Retired Members 21

46 Section 3 Safety Prescription Glasses 21-22

1 Section 4 Mileage Allowance 222 Section 5 Uniforms 223 Section 6 Weapons & Equipment 22-2345 ARTICLE 13 CLOTHING BOARD6 Section 1 Representation 237 Section 2 Consultation and8 Recommendation 239 Section 3 Meetings 23

1011 ARTICLE 14 EDUCATIONAL BENEFITS12 Section 1 Payment for Courses 2313 Section 2 Educational Incentives 2414 Section 3 Federal or State Programs 2415 Section 4 Proportional Payment 2416 Section 5 Procedures 24-251718 ARTICLE 15 OVERTIME19 Section 1 Overtime Computation 2520 Section 2 Call Backs to Duty 2521 Section 3 Court and Training Time 2622 Section 4 Member's Option on23 Compensatory Time 2624 Section 5 Payment for Compensatory Time 26-2725 Section 6 Special Events Overtime 2726 Section 7 Trading Time 2727 Section 8 Compensatory Time Procedures 27-2828 Section 9 Distribution of Overtime 282930 ARTICLE 16 LEAVE DUE TO DEATH IN FAMILY31 Section 1 Immediate Family 2832 Section 2 Other Relatives 2833 Section 3 Regular Days Off 2834 Section 4 Official Notice 283536 ARTICLE 17 CALCULATION OF ECONOMIC BENEFITS37 Section 1 Calculation Rate 2838 Section 2 Severance Pay 293940 ARTICLE 18 WORK SCHEDULE41 Section 1 WorkWeek 2942 Section 2 Split Shifts 2943 Section 3 Work Hours 3044 Section 4 Relief Schedule 3145 Section 5 5th Platoon 31

1 Section 4 Mileage Allowance 22 2 Section 5 Uniforms 22

3 Section 6 Weapons & Equipment 22-23

4 5 ARTICLE 13 CLOTHING BOARD 6 Section 1 Representation 23 7 Section 2 Consultation and 8 Recommendation 23 9 Section 3 Meetings 23

10 11 ARTICLE 14 EDUCATIONAL BENEFITS 12 Section 1 Payment for Courses 23 13 Section 2 Educational Incentives 24 14 Section 3 Federal or State Programs 24 15 Section 4 Proportional Payment 24

16 Section 5 Procedures 24-25 17 18 ARTICLE 15 OVERTIME 19 Section 1 Overtime Computation 25 20 Section 2 Call Backs to Duty 25 21 Section 3 Court and Training Time 26 22 Section 4 Member's Option on 23 Compensatory Time 26 24 Section 5 Payment for Compensatory Time 26-27 25 Section 6 Special Events Overtime 27 26 Section 7 Trading Time 27 27 Section 8 Compensatory Time Procedures 27-28 28 Section 9 Distribution of Overtime 28 29 30 ARTICLE 16 LEAVE DUE TO DEATH IN FAMILY 31 Section 1 Immediate Family 28 32 Section 2 Other Relatives 28 33 Section 3 Regular Days Off 28 34 Section 4 Official Notice 28 35 36 ARTICLE 17 CALCULATION OF ECONOMIC BENEFITS 37 Section 1 Calculation Rate 28 38 Section 2 Severance Pay 29 39 40 ARTICLE 18 WORK SCHEDULE 41 Section 1 Work Week 29 42 Section 2 Split Shifts 29 43 Section 3 Work Hours 30 44 Section 4 Relief Schedule 31 45 Section 5 5th Platoon 31

---------~~-----~

1 ARTICLE 19 TRANSFERS2 Section 1 Definitions 31-323 Section 2 Involuntary Transfers 324 Section 3 Posting of New Positions5 and Vacancies 32-336 Section 4 Selection to New Positions or7 Vacancies 338 Section 5 Maintenance of Seniority 33910 ARTICLE 20 DISCIPLINE11 Section 1 Departmental Investigation12 and Bill of Rights13 1.1 Interview times 3314 1.2 Interview location times 3315 1.3 Interviewer's identity 3416 1.4 Copy of Reports 3417 1.5 Nature of investigation 3418 1.6 Representation 3419 1.7 Copy of Statements 3420 1.8 Representatives' conversations 3421 1.9 Electronic recordings 3422 1.10 Threats, promises,23 offensive language 3424 1.11 Lie Detectors, polygraph 3425 1.12 Opportunity to be Heard 3526 1.13 Copies of memorandum 3527 1.14 Reprisals 3528 1.15 Selection of Hearing Board 3529 1.16 Time limits 3530 1.17 Disposition notification 3531 1.18 Advance notice 3532 1.19 List of eligibles 35-3633 1.20 Statements of witnesses 3634 1.21 Violations of procedures 3635 1.22 3rd Platoon Interviews 3636 1.23 Privacy Between Member/Union 363738 Section 2 Command Discipline 36-373940 ARTICLE 21 MEMBERS' RIGHTS41 Section 1 Access to Personnel File 3742 Section 2 Release of Police Photographs 3743 Section 3 Release of Employment Records 37-38

1 ARTICLE 19 TRANSFERS 2 Section 1 Definitions 31-32

3 Section 2 Involuntary Transfers 32

4 Section 3 Posting of New Positions 5 and Vacancies 32-33

6 Section 4 Selection to New Positions or 7 Vacancies 33

8 Section 5 Maintenance of Seniority 33

9 10 ARTICLE20 DISCIPLINE 11 Section 1 Departmental Investigation 12 and Bill of Rights 13 1.1 Interview times 33 14 1.2 Interview location times 33

15 1.3 Interviewer's identity 34

16 1.4 Copy of Reports 34 17 1.5 Nature of investigation 34

18 1.6 Representation 34 19 1.7 Copy of Statements 34 20 1.8 Representatives' conversations 34 21 1.9 Electronic recordings 34

22 1.10 Threats, promises, 23 offensive language 34 24 1.11 Lie Detectors, polygraph 34 25 1.12 Opportunity to be Heard 35 26 1.13 Copies of memorandum 35 27 1.14 Reprisals 35 28 1.15 Selection of Hearing Board 35 29 1.16 Time limits 35 30 1.17 Disposition notification 35 31 1.18 Advance notice 35 32 1.19 List of eligibles 35-36 33 1.20 Statements of witnesses 36 34 1.21 Violations of procedures 36 35 1.22 3rd Platoon Interviews 36 36 1.23 Privacy Between Member/Union 36 37 38 Section 2 Command Discipline 36-37 39 40 ARTICLE21 MEMBERS' RIGHTS 41 Section 1 Access to Personnel File 37 42 Section 2 Release of Police Photographs 37 43 Section 3 Release of Employment Records 37-38

1 ARTICLE 22 SENIORITY2 Section 1 Police Officers & Investigators 38-393 Section 2 Commanding Officers 394 Section 3 Current List 395 Section 4 Reinstated Employees 3967 ARTICLE 23 OUT-OF-TITLE8 Section 1 Compensation 399 Section 2 Method of Payment 3910 Section 3 Selection for Out-of- Title Work 39-401112 ARTICLE 24 CIVIL SERVICE PROCEDURE13 Section 1 Duration 4014 Section 2 Scheduling of Tests 4015 Section 3 Physical Standards 4016 Section 4 Standards 4017 Section 5 Promotional Vacancies 401819 ARTICLE 25 LEAVES OF ABSENCE20 Section 1 Leave of Absence Without Pay 4021 Section 2 Educational Leave 4022 Section 3 Unapproved Leave of Absence 402324 ARTICLE 26 RELEASE TIME FOR CLUB BUSINESS25 Section 1 Release Time for Club Business 4126 Section 2 Release Time for Club President 4127 Section 3 Release Time for State P .RA.28 Convention 4129 Section 4 Release Time for Regular and30 Special Club Meetings 4131 Section 5 Release Time for Negotiation32 Committee 4133 Section 6 Release Time for Election34 Commissioners 4235 Section 7 Designation of Club36 Representatives 4237 Section 8 Executive Board Members 4238 Section 9 Executive Officer Release Time 423940 ARTICLE 27 CONTRACT ADMINISTRATION41 Section 1 Definitions 4342 Section 2 Procedure 4343 Section 3 Grievance Steps 43-4444 Section 4 Arbitration 44-45

1 ARTICLE22 SENIORITY 2 Section 1 Police Officers & Investigators 38-39 3 Section 2 Commanding Officers 39 4 Section 3 Current List 39 5 Section 4 Reinstated Employees 39 6 7 ARTICLE23 OUT-OF-TITLE 8 Section 1 Compensation 39 9 Section 2 Method of Payment 39

10 Section 3 Selection for Out-of-Title Work 39-40 11 12 ARTICLE24 CIVIL SERVICE PROCEDURE 13 Section 1 Duration 40 14 Section 2 Scheduling of Tests 40 15 Section 3 Physical Standards 40 16 Section 4 Standards 40 17 Section 5 Promotional Vacancies 40 18 19 ARTICLE25 LEAVES OF ABSENCE 20 Section 1 Leave of Absence Without Pay 40 21 Section 2 Educational Leave 40 22 Section 3 Unapproved Leave of Absence 40 23 24 ARTICLE26 RELEASE TIME FOR CLUB BUSINESS 25 Section 1 Release Time for Club Business 41 26 Section 2 Release Time for Club President 41 27 Section 3 Release Time for State P .B.A. 28 Convention 41 29 Section 4 Release Time for Regular and 30 Special Club Meetings 41 31 Section 5 Release Time for Negotiation 32 Committee 41 33 Section 6 Release Time for Election 34 Commissioners 42 35 Section 7 Designation of Club 36 Representatives 42 37 Section 8 Executive Board Members 42 38 Section 9 Executive Officer Release Time 42 39 40 ARTICLE27 CONTRACT ADMINISTRATION 41 Section 1 Definitions 43 42 Section 2 Procedure 43 43 Section 3 Grievance Steps 43-44 44 Section 4 Arbitration 44-45

~~~---------------

1 ARTICLE 28 GRIEV ANCE COMMITTEE AND2 REPRESENTATION3 Section 1 Club Representatives 454 Section 2 Representative Pursuance 455 Section 3 Release from Assignment 456 Section 4 Representative with Grievance 4578 ARTICLE 29 POLICE LABOR-MANAGEMENT9 COMMITTEE 45

1011 ARTICLE 30 GENERAL PROVISIONS12 Section 1 Applicable Laws 4613 Section 2 Savings Clause 4614 Section 3 Contract Modification 4615 Section 4 Changes in Rules, Regulations16 and General Orders 4617 Section 5 Printing of Contract 4618 Section 6 Police Vehicles 4619 Section 7 Lounge 4620 Section 8 Defense and Indemnification21 of Police Officers 46-4822 Section 9 Chiefs Award Day 482324 ARTICLE 31 BULLETIN BOARDS AND25 INFORMATION UPDATE 482627 ARTICLE 32 TERM OF CONTRACT28 Section 1 Duration 4829 Section 2 Negotiations 483031 ARTICLE 33 JURY DUTY 48-493233 ARTICLE 34 PUBLIC SAFETY AIDES 493435 SIGNATURE PAGE 50363738 APPENDIX 1 DISCIPLINE GUIDELINES 513940 CLASSIFICATION OF41 PENALTIES 52-55

1 ARTICLE28 GRIEVANCE COMMITTEE AND 2 REPRESENTATION 3 Section 1 Club Representatives 45 4 Section 2 Representative Pursuance 45 5 Section 3 Release from Assignment 45 6 Section 4 Representative with Grievance 45 7 8 ARTICLE29 POLICE LABOR-MANAGEMENT 9 COMMITTEE 45

10 11 ARTICLE30 GENERAL PROVISIONS 12 Section 1 Applicable Laws 46 13 Section 2 Savings Clause 46 14 Section 3 Contract Modification 46 15 Section 4 Changes in Rules, Regulations 16 and General Orders 46 17 Section 5 Printing of Contract 46 18 Section 6 Police Vehicles 46 19 Section 7 Lounge 46 20 Section 8 Defense and Indemnification 21 of Police Officers 46-48 22 Section 9 Chiefs Award Day 48 23 24 ARTICLE 31 BULLETIN BOARDS AND 25 INFORMATION UPDATE 48 26 27 ARTICLE32 TERM OF CONTRACT 28 Section 1 Duration 48 29 Section 2 Negotiations 48 30 31 ARTICLE33 JURY DUTY 48-49 32 33 ARTICLE34 PUBLIC SAFETY AIDES 49 34 35 SIGNATURE PAGE 50 36 37 38 APPENDIX 1 DISCIPLINE GUIDELINES 51 39 40 CLASSIFICATION OF 41 PENALTIES 52-55

1 ARTICLE 12 PURPOSE OF AGREEMENT34 . The purpose of this Agreement is to provide orderly collective bargaining5 relations between the City of Rochester and the Rochester Police Locust Club, Inc.,6 to secure prompt and equitable disposition of grievances, and to establish fair wages,7 hours and working conditions for the employees covered by this Agreement.89 All references to employees in this Agreement designate both sexes, and

10 wherever the male gender is used, it shall be construed to include male and female11 employees.1213 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY14 PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO15 PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY16 PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT17 BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY18 HAS GIVEN APPROVAL.19202122 ARTICLE 223 RECOGNITION AND DUES CHECKOFF2425 Section 1: Bargaining Agent26 The City recognizes the Locust Club as the sole and exclusive bargaining27 agent for the purpose of establishing salary, hours and other conditions of28 employment for all members of the unit established as follows: all Police Officers;29 all Sergeants; all Lieutenants; and all Captains except: a maximum of four sworn30 employees assigned to and working in the office of the Chief of Police, the Chiefs31 Aide, the commanding officer of the Professional Standards Section, the32 commanding officer of the Research and Evaluation Section.3334 Section 2: Non-Interference35 The City will not interfere with, restrain, or coerce employees because of36 membership in or lawful activity on behalf of the Club and will not attempt to37 dominate or interfere with the Club, nor will the City discriminate in regard to hiring38 or promotion or tenure of employment or encourage or discourage membership in39 the Club. It is understood that membership in or lawful activity on behalf of the40 Club shall not interfere with the employee's duties nor with the carrying out of the41 responsibilities of the Rochester Police Department.4243 Section 3: Agency Shop44 The parties recognize that this is an Agency Shop Agreement and each45 employee who is a member of the bargaining unit herein above defined, but is not a46 member of the Rochester Police Locust Club, Inc., shall be liable to contribute to47 said Club as representative costs an amount equivalent to Club dues as are from time48 to time authorized, levied and collected from the general membership of the49 Rochester Police Locust Club, Inc.5051 Section 4: Dues Checkoff52 The City recognizes the obligation of those employees who are or may53 become members of the Club to pay their Club dues and, upon written authorization54 on the part of such employees, the City agrees to deduct Club dues from the wages55 of all Club members who appear on the City payroll, pursuant to 93-b of the General

City of Rochester and the Rochester Police Locust Club, Inc.

1 2 3

ARTICLE 1 PURPOSE OF AGREEMENT

4 . The purpose of this Agreement is to provide orderly collective bargaining

5 relations between the City of Rochester and the Rochester Police Locust Club, Inc.,

6 to secure prompt and equitable disposition of grievances, and to establish fair wages,

7 hours and working conditions for the employees covered by this Agreement. 8 9 All references to employees in this Agreement designate both sexes, and

1 O wherever the male gender is used, it shall be construed to include male and female

11 employees. 12

13 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY 14 PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO

15 PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY

16 PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT

17 BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY

18 HAS GIVEN APPROVAL. 19 20 21 22 ARTICLE 2 23 RECOGNITION AND DUES CHECKOFF 24 25 Section 1: Bargaining Agent 26 The City recognizes the Locust Club as the sole and exclusive bargaining

27 agent for the purpose of establishing salary, hours and other conditions of

28 employment for all members of the unit established as follows: all Police Officers;

29 all Sergeants; all Lieutenants; and all Captains except: a maximum of four sworn

30 employees assigned to and working in the office of the Chief of Police, the Chiefs

31 Aide, the commanding officer of the Professional Standards Section, the 32 commanding officer of the Research and Evaluation Section. 33 34 Section 2: Non-Interference 35 The City will not interfere with, restrain, or coerce employees because of

36 membership in or lawful activity on behalf of the Club and will not attempt to

37 dominate or interfere with the Club, nor will the City discriminate in regard to hiring

38 or promotion or tenure of employment or encourage or discourage membership in

39 the Club. It is understood that membership in or lawful activity on behalf of the

40 Club shall not interfere with the employee's duties nor with the carrying out of the 41 responsibilities of the Rochester Police Department. 42 43 Section 3: Agency Shop 44 The parties recognize that this is an Agency Shop Agreement and each

45 employee who is a member of the bargaining unit herein above defined, but is not a

46 member of the Rochester Police Locust Club, Inc., shall be liable to contribute to 4 7 said Club as representative costs an amount equivalent to Club dues as are from time

48 to time authorized, levied and collected from the general membership of the

49 Rochester Police Locust Club, Inc. 50

51 Section 4: Dues Checkoff 52 The City recognizes the obligation of those employees who are or may

53 become members of the Club to pay their Club dues and, upon written authorization

54 on the part of such employees, the City agrees to deduct Club dues from the wages

55 of all Club members who appear on the City payroll, pursuant to 93-b of the General

Page 1

·--~----

1 Municipal Law of the State of New York, and forward such dues, together with a2 list of employees for whom dues deductions are made, to the Club. Dues deductions3 are to be made bi-weekly.45 Section 5: Police Benevolent Dues6 The City also recognizes the obligation of those employees who are or7 may become members of the Rochester Police Benevolent Association to pay8 their Benevolent Association dues and, upon written authorization on the part9 of such employees, the City agrees to deduct from the wages of all Benevolent

10 Association members who appear on the City payroll, pursuant to 93-b of the11 General Municipal Law of the State of New York, and to forward such dues,12 together with a list of employees for whom dues deductions are to be made, to13 the Benevolent Association. Dues deductions are to be made monthly.1415 Section 6: Rehired Members16 In the case of employees rehired, or returning to work after a leave of17 absence, or being transferred back into the bargaining unit, who have18 previously executed authorization, and re-executed that authorization, the City19 agrees to resume deductions.2021 Section 7: Remittance of Deductions22 Deductions will be remitted to the Club's designated Treasurer as soon23 as possible, or before the next regular payroll, together with a list of those for24 whom deductions have been made and the amounts of such deductions.


1 Municipal Law of the State of New York, and forward such dues, together with a 2 list of employees for whom dues deductions are made, to the Club. Dues deductions 3 are to be made bi-weekly. 4

5 Section 5: Police Benevolent Dues 6 The City also recognizes the obligation of those employees who are or

7 may become members of the Rochester Police Benevolent Association to pay

8 their Benevolent Association dues and, upon written authorization on the part

9 of such employees, the City agrees to deduct from the wages of all Benevolent

10 Association members who appear on the City payroll, pursuant to 93-b of the

11 General Municipal Law of the State of New York, and to forward such dues,

12 together with a list of employees for whom dues deductions are to be made, to

13 the Benevolent Association. Dues deductions are to be made monthly. 14

15 Section 6: Rehired Members 16 In the case of employees rehired, or returning to work after a leave of

17 absence, or being transferred back into the bargaining unit, who have

18 previously executed authorization, and re-executed that authorization, the City 19 agrees to resume deductions. 20

21 Section 7: Remittance of Deductions 22 Deductions will be remitted to the Club's designated Treasurer as soon

23 as possible, or before the next regular payroll, together with a list of those for

24 whom deductions have been made and the amounts of such deductions.

Page2

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ARTICLE 3POLICE SALARIES

A. Effective as of JULY 1, 2005

Bracket Step 1 Step 2 S!ep2 Step 4 Step 5 Step A Step B

90 annual: $32,310 $39,860 $46,890 $53,759 $56,420 $60,794 $63,944biweekly: $1,242.69 $1,533.08 $1,803.46 $2,067.65 $2,170.00 $2,338.23 $2,459.38

91 annual: $55,853 $60,512biweekly: $2,148.19 $2,327.38

92 annual: $60,928 $64,603biweekly: $2,343.38 $2,484.73

94 annual: $68,898 $73,051biweekly: $2,649.92 $2,809.65

95 annual: $77,744 $82,432biweekly: $2,990.15 $3,170.46

City of Rochester and the Rochester Police Locust Club. Inc.

Section 1: Wage Schedule

A. Effective as of JULY 1, 2005

Bracket Step 1 Step2

90 annual: $32,310 $39,860 biweekly: $1,242.69 $1,533.08

91 annual: biweekly:




ARTICLE3 POLICE SALARIES

filep-1 filep_A

$46,890 $53,759 $1,803.46 $2,067.65

$55,853 $60,512 $2,148.19 $2,327.38

$60,928 $64,603 $2,343.38 $2,484.73

$68,898 $73,051 $2,649.92 $2,809.65

$77,744 $82,432 $2,990.15 $3,170.46

Page 3

filep2 Step A StepB

$56,420 $60,794 $63,944 $2,170.00 $2,338.23 $2,459.38


B. Effective as of JANUARY 1, 2006

Bracket S!ml Step 2 Step 3 Step 4 Step 5 Step A Step B

90 annual: $32,633 $40,259 $47,359 $54,297 $56,984 $61,402 $64,583biweekly: $1,255.12 $1,548.42 $1,821.50 $2,088.35 $2,191.69 $2,361.62 $2,483.96

91 annual: $56,412 $61,117biweekly: $2,169.69 $2,350.65

92 annual: $61,537 $65,249biweekly: $2,366.81 $2,509.58

94 annual: $69,587 $73,782biweekly: $2,676.42 $2,837.77

95 annual: $78,521 $83,256biweekly: $3,020.04 $3,202.15



B. Effective as of JANUARY 1, 2006

Bracket Step 1 Step 2

90 annual: $32,633 $40,259 biweekly: $1,255.12 $1,548.42





ARTICLE 3 POLICE SALARIES

Step 3 Step 4

$47,359 $54,297 $1,821.50 $2,088.35

$56,412 $61,117 $2,169.69 $2,350.65

$61,537 $65,249 $2,366.81 $2,509.58

$69,587 $73,782 $2,676.42 $2,837.77

$78,521 $83,256 $3,020.04 $3,202.15

Page 4

Step 5 Step A Step B

$56,984 $61,402 $64,583 $2,191.69 $2,361.62 $2,483.96


Bracket Step 1 Step 2 Step 3 Step 4 Step 5 Step A Step B

90 annual: $33,286 $41,064 $48,306 $55,383 $58,124 $62,630 $65,875biweekly: $1,280.23 $1,579.38 $1,857.92 $2,130.12 $2,235.54 $2,408.85 $2,533.65

91 annual: $57,540 $62,339biweekly: $2,213.08 $2,397.65

92 annual: $62,768 $66,554biweekly: $2,414.15 $2,559.77

94 annual: $70,979 $75,258biweekly: $2,729.96 $2,894.54

95 annual: $80,091 $84,921biweekly: $3,080.42 $3,266.19



C. Effective as of JULY 1, 2006

Bracket Step 1 Step 2

90 annual: $33,286 $41,064 biweekly: $1,280.23 $1,579.38






Step 3 Step 4

$48,306 $55,383 $1,857.92 $2,130.12

$57,540 $62,339 $2,213.08 $2,397.65

$62,768 $66,554 $2,414.15 $2,559.77

$70,979 $75,258 $2,729.96 $2,894.54

$80,091 $84,921 $3,080.42 $3,266.19

Page 5

Step 5 Step A StepB

$58,124 $62,630 $65,875 $2,235.54 $2,408.85 $2,533.65


D. Effective as of JANUARY 1, 2007


90 annual: $33,619 $41,475 $48,789 $55,937 $58,705 $63,256 $66,534biweekly: $1,293.04 $1,595.19 $1,876.50 $2,151.42 $2,257.88 $2,432.92 $2,559.00

91 annual: $58,115 $62,962biweekly: $2,235.19 $2,421.62

92 annual: $63,396 $67,220biweekly: $2,438.31 $2,585.38

94 annual: $71,689 $76,011biweekly: $2,757.27 $2,923.50

95 annual: $80,892 $85,770biweekly: $3,111.23 $3,298.85



D. Effective as of JANUARY 1, 2007

Bracket Step I Step2

90 annual: $33,619 $41,475 biweekly: $1,293.04 $1,595.19






Step 3 ~

$48,789 $55,937 $1,876.50 $2,151.42

$58,115 $62,962 $2,235.19 $2,421.62

$63,396 $67,220 $2,438.31 $2,585.38

$71,689 $76,011 $2,757.27 $2,923.50

$80,892 $85,770 $3,111.23 $3,298.85

Page 6

Step 5 Step A StepB

$58,705 $63,256 $66,534 $2,257.88 $2,432.92 $2,559.00



90 annual: $34,291 $42,305 $49,765 $57,056 $59,879 $64,164 $68,064biweekly: $1,318.88 $1,627.12 $1,914.04 $2,194.46 $2,303.04 $2,467.85 $2,617.85

91 annual: $59,277 $64,221biweekly: $2,279.88 $2,470.04

92 annual: $64,664 $68,564biweekly: $2,487.08 $2,637.08

94 annual: $73,123 $77,531biweekly: $2,812.42 $2,981.96

95 annual: $82,510 $87,485biweekly: $3,173.46 $3,364.81

City of Rochester and the Rochester Police Loeust Club. Inc.


E. Effective as of JULY 1, 2007

Bracket ~ St@2

90 annual: $34,291 $42,305 biweekly: $1,318.88 $1,627.12






film2 ~

$49,765 $57,056 $1,914.04 $2,194.46

$59,277 $64,221 $2,279.88 $2,470.04

$64,664 $68,564 $2,487.08 $2,637.08

$73,123 $77,531 $2,812.42 $2,981.96

$82,510 $87,485 $3,173.46 $3,364.81

Page 7

fil@2 Step A StepB

$59,879 $64,164 $68,064 $2,303.04 $2,467.85 $2,617.85


F. Effective as of JANUARY 1, 2008

Bracket £!ml Step 2 ~ ~ Step 5 Step A Step B

90 annual: $34,977 $43,151 $50,760 $58,197 $61,077 $65,457 $69,435biweekly: $1,345.27 $1,659.65 $1,952.31 $2,238.35 $2,349.12 $2,517.58 $2,670.58

91 annual: $60,463 $65,505biweekly: $2,325.50 $2,519.42

92 annual: $65,957 $69,935biweekly: $2,536.81 $2,689.81

94 annual: $74,585 $79,082biweekly: $2,868.65 $3,041.62

95 annual: $84,160 $89,235biweekly: $3,236.92 $3,432.12



F. Effective as of JANUARY 1, 2008

Bracket Step 1 Step2

90 annual: $34,977 $43,151 biweekly: $1,345.27 $1,659.65






film]_ filepA

$50,760 $58,197 $1,952.31 $2,238.35

$60,463 $65,505 $2,325.50 $2,519.42

$65,957 $69,935 $2,536.81 $2,689.81

$74,585 $79,082 $2,868.65 $3,041.62

$84,160 $89,235 $3,236.92 $3,432.12

Page 8

filep2 Step A StepB

$61,077 $65,457 $69,435 $2,349.12 $2,517.58 $2,670.58

Section2: DifferentialEffective July 1, 2007, the differentials between ranks shall be:

Between Police Officer (Bracket 90, Step 5)and Sergeant --- 14.5%

Between Sergeant and Lieutenant --- 13.08%Between Lieutenant and Captain ---12.84%

The differential between Police Officer, Bracket 90, Step A and B(Investigator) shall be maintained at $500 less than Police Sergeant, Bracket 92, Step3 and 4, respectively.

Section3: Salary StepsA. i. Police Officer --Bracket 90

HIRED BEFORE JULy 1, 1997The steps shown below shall be reached at thefollowing intervals:Step 1: Start

At the beginning of the first full pay periodfollowing successful completion of the formalrecruit training and field officer training program, orat the beginning of the first full pay period aftercompleting 8 months of service, whichever comesfirst.

At the beginning of the first full pay period afterreaching the first anniversary after completing theformal recruit training and field officer trainingprogram, or at the beginning of the first full payperiod after completing 20 months of service,whichever comes first.

At the beginning of the first full pay period afterreaching the second anniversary after completing theformal recruit training and field officer trainingprogram, or at the beginning of the first full payperiod after completing 32 months of service,whichever comes first.

At the beginning of the first full pay periodfollowing completion of one full year of assignmentat Step A, as provided in Article 5, Section 3.

A. iLPolice Officer --Bracket 90HIRED ON OR AFTER JULY 1, 1997

The steps shown below shall be reached at the followingintervals:

Step 1: Start

At the beginning of the first full pay period aftersuccessful completion of the formal recruit trainingand field officer training program, or at thebeginning of the first full pay period aftercompleting 8 months of service, whichever comesfirst.


1 Section 2: Differential 2 Effective July 1, 2007, the differentials between ranks shall be: 3 Between Police Officer (Bracket 90, Step 5) 4 and Sergeant --- 14.5% 5 Between Sergeant and Lieutenant --- 13.08% 6 Between Lieutenant and Captain --- 12.84% 7 The differential between Police Officer, Bracket 90, Step A and B

8 (Investigator) shall be maintained at $500 less than Police Sergeant, Bracket 92, Step

9 3 and 4, respectively. 10

11 Section 3: Salary Steps 12 A. i. Police Officer --Bracket 90 13 HIRED BEFORE JULY 1, 1997 14 The steps shown below shall be reached at the 15 following intervals: 16 Step 1: Start 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

43 44

Step 2:

Step 3:

Step 4:

Step A:

Step B:

At the beginning of the first full pay period following successful completion of the formal recruit training and field officer training program, or at the beginning of the first full pay period after completing 8 months of service, whichever comes first.

At the beginning of the first full pay period after reaching the first anniversary after completing the formal recruit training and field officer training program, or at the beginning of the first full pay period after completing 20 months of service, whichever comes first.

At the beginning of the first full pay period after reaching the second anniversary after completing the formal recruit training and field officer training program, or at the beginning of the first full pay period after completing 32 months of service, whichever comes first.

Upon assignment as provided in Article 5, Section 3.

At the beginning of the first full pay period following completion of one full year of assignment at Step A, as provided in Article 5, Section 3.

45 A. ii.Police Officer --Bracket 90 46 HIRED ON OR AFTER JULY 1, 1997 47 The steps shown below shall be reached at the following 48 intervals: 49 Step 1: Start 50 51 52 53

54 55 56

Step 2: At the beginning of the first full pay period after successful completion of the formal recruit training and field officer training program, or at the beginning of the first full pay period after completing 8 months of service, whichever comes first.

Page9

RankDetective CSergeantDetective BLieutenantCaptain

RankDetective CSergeant

Detective BLieutenant

Steps 3, 4, 5: At the beginning of the first full pay periodcommencing one year after reaching the prior step.

Step B: At the beginning of the first full pay period aftercompletion of one full year of assignment at Step A,as provided in Article 5, Section 3.

Notwithstanding subdivision A above, police officers who transfer tothe Rochester Police Department from other jurisdictions or deputysheriffs hired shall receive a starting salary at Step 2, at a minimum.Starting salaries for such personnel may exceed Step 2, undermitigating circumstances, after consultation with the Union.

Pay Steps - Officer RanksBracket

9192929495

Step 3Upon AppointmentUpon Civil Service AppointmentUpon AppointmentUpon Civil Service AppointmentUpon Civil Service Appointment

Bracket9192

Step 4Upon completion of 1 year of service at Step 3At the beginning of the first full pay period aftercompletion of 1 year of service at Step 3Upon completion of 1 year of service at Step 3At the beginning of the first full pay period aftercompletion of 1 year of service at Step 3At the beginning of the first full pay period aftercompletion of 1 year of service at Step 3

Section4: LongevityEffective 7/1/2000, in addition to the salaries provided in Section 1 of thisArticle, each member of the Unit shall receive a longevity benefit asfollows:

1. Longevity payments will be made at a rate of $100.00 for eachyear of service beginning on the employee's third (3rd)anniversary, and increased by the amount of $100.00 per yearfor twenty-two (22) additional years, with a maximum of$2,300.00.Payments are to be made by adding the longevity payment to thetwenty-six (26) bi-weekly paychecks in the following manner:When the anniversary falls during a month, the payment shallbegin in the first full pay period of the following month.

Section5: PensionsThe City will provide coverage in the New York State Policemen's and

Firemen's Pension System for the officers of the unit in the following pensionsections:

(a) Section 375-C(b) Section 384(c) Section 384-F, G, H(d) Section 384-D(e) Section 302-D

Non-contributory Plan25-Year Plan25-Year Plan20-Year PlanOne-year final average pay base

for pension for Tier 1 members

Page 10


1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

B.

C. Rank Detective C Sergeant Detective B Lieutenant Captain

Rank Detective C Sergeant

Detective B Lieutenant

Captain

Steps 3, 4, 5: At the beginning of the first full pay period commencing one year after reaching the prior step.

Step A: Upon assignment as provided in Article 5, Section 3.

Step B: At the beginning of the first full pay period after completion of one full year of assignment at Step A, as provided in Article 5, Section 3.

Notwithstanding subdivision A above, police officers who transfer to the Rochester Police Department from other jurisdictions or deputy sheriffs hired shall receive a starting salary at Step 2, at a minimum. Starting salaries for such personnel may exceed Step 2, under mitigating circumstances, after consultation with the Union.

Pay Steps - Officer Ranks Bracket

91 92 92 94 95

Bracket 91 92

92 94

95

Step 3 Upon Appointment Upon Civil Service Appointment Upon Appointment Upon Civil Service Appointment Upon Civil Service Appointment

Step4 Upon completion of 1 year of service at Step 3 At the beginning of the first full pay period after completion of 1 year of service at Step 3 Upon completion of 1 year of service at Step 3 At the beginning of the first full pay period after completion of 1 year of service at Step 3 At the beginning of the first full pay period after completion of 1 year of service at Step 3

33 Section 4: Longevity 34 Effective 7/1/2000, in addition to the salaries provided in Section 1 of this

35 Article, each member of the Unit shall receive a longevity benefit as 36 follows: 37 1. Longevity payments will be made at a rate of $100.00 for each

38 year of service beginning on the employee's third (3rd)

39 anniversary, and increased by the amount of $100.00 per year

40 for twenty-two (22) additional years, with a maximum of 41 $2,300.00. 42 2. Payments are to be made by adding the longevity payment to the

43 twenty-six (26) bi-weekly paychecks in the following manner:

44 When the anniversary falls during a month, the payment shall

45 begin in the first full pay period of the following month. 46 47 Section 5: Pensions 48 The City will provide coverage in the New York State Policemen's and

49 Firemen's Pension System for the officers of the unit in the following pension 50 sections: 51 52 53 54 55 56

(a) Section 375-C (b) Section 3 84 (c) Section 384-F, G, H (d) Section 384-D (e) Section 302-D

Non-contributory Plan 25-Year Plan 25-Y ear Plan 20-Y ear Plan One-year final average pay base

for pension for Tier 1 members

Page 10

Guaranteed $20,000 Ordinary DeathBenefit (police officers with ninety(90) or more days of service)

(g) Section 375-1(h) Section 384 (e)

Section6: Shift AdjustmentMembers assigned to patrol platoons 1,3, or 4, or their equivalent, shall

receive a $.60 per hour adjustment for each scheduled hour during such shift for whichthe employee is paid, except that an employee on sick or injury leave for five (5) ormore days shall not receive a shift adjustment for the period of sick or injury leave.This adjustment shall not be part of a member's base salary.

Section7:A.

Field Training Officers & CoordinatorsThose assigned as Field Training Officers shall be paid an additional perdiem amount equal to seven and one-half percent (7 1/2%) of their basesalary (as set forth in Section 1) for each day in which they perform theduties of a Field Training Officer including training periods and theperiods during which a Field Training Officer is assigned a probationaryofficer. Payment shall be made on a bi-weekly basis.

Those assigned by the Police Chief or his authorized representative asField Training Coordinators shall be paid an additional per diemamount equal to seven and one-half percent (7 1/2%) of their basesalary (as set forth in Section 1) for each day in which they perform theduties of a Field Training Coordinator. When the section has three ormore recruits assigned, a Field Training Coordinator shall be assignedto that section.

Section 8: Flexible Benefit ProgramThe City shall make available the Flexible Benefit Program currently

available to other employees, while such program is permissible under InternalRevenue Codes. Design, administration and choice of administrator shall be at theCity's discretion.

Section 9: Deferred Compensation PlanThe City shall make available to all members of the bargaining unit a

Deferred Compensation Plan pursuant to Section 457 of the United States InternalRevenue Code. The design and administration of such plan shall be at the discretionof the City.

Section 10: K-9All unit members assigned to a K-9 dog shall receive additional compensation

of twenty (20) minutes per day, at the overtime rate, for every day the unit member isresponsible for the K-9 dog.

Section 11: Performance Enhancement AllowanceA. The City agrees to designate no fewer than 20 but no more than 40 unit

members holding the rank of Police Officer, and no fewer than 10 but nomore than 20 unit members holding either the assignment of Investigatoror the rank of Sergeant, to qualify for a Performance EnhancementAllowance. This allowance shall be paid on a semi-annual basis, forperformance observed during the periods of January - June and July -December, to those members as designated above who demonstrateexemplary performance as determined by the Chief of Police or hisdesignee.


1 2 3 4

5 6

(f) Section 360-B

(g) Section 375-I (h) Section 384 (e)

Guaranteed $20,000 Ordinary Death Benefit (police officers with ninety (90) or more days of service)

7 Section 6: Shift Adjustment 8 Members assigned to patrol platoons 1, 3, or 4, or their equivalent, shall 9 receive a $.60 per hour adjustment for each scheduled hour during such shift for which

10 the employee is paid, except that an employee on sick or injury leave for five (5) or 11 more days shall not receive a shift adjustment for the period of sick or injury leave. 12 This adjustment shall not be part of a member's base salary. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

Section 7: A.

B.

Field Training Officers & Coordinators Those assigned as Field Training Officers shall be paid an additional per diem amount equal to seven and one-half percent (7 1/2%) of their base salary (as set forth in Section 1) for each day in which they perform the duties of a Field Training Officer including training periods and the periods during which a Field Training Officer is assigned a probationary officer. Payment shall be made on a bi-weekly basis.

Those assigned by the Police Chief or his authorized representative as Field Training Coordinators shall be paid an additional per diem amount equal to seven and one-half percent (7 1/2%) of their base salary (as set forth in Section 1) for each day in which they perform the duties of a Field Training Coordinator. When the section has three or more recruits assigned, a Field Training Coordinator shall be assigned to that section.

30 Section 8: Flexible Benefit Program 31 The City shall make available the Flexible Benefit Program currently 32 available to other employees, while such program is permissible under Internal 33 Revenue Codes. Design, administration and choice of administrator shall be at the 34 City's discretion. 35 36 Section 9: Deferred Compensation Plan 37 The City shall make available to all members of the bargaining unit a 38 Deferred Compensation Plan pursuant to Section 457 of the United States Internal 39 Revenue Code. The design and administration of such plan shall be at the discretion 40 of the City. 41 42 Section 10: K-9 43 All unit members assigned to a K-9 dog shall receive additional compensation 44 of twenty (20) minutes per day, at the overtime rate, for every day the unit member is 45 responsible for the K-9 dog. 46 47 Section 11: Performance Enhancement Allowance 48 A. The City agrees to designate no fewer than 20 but no more than 40 unit 49 members holding the rank of Police Officer, and no fewer than 10 but no 50 more than 20 unit members holding either the assignment of Investigator 51 or the rank of Sergeant, to qualify for a Performance Enhancement 52 Allowance. This allowance shall be paid on a semi-annual basis, for 53 performance observed during the periods of January - June and July -54 December, to those members as designated above who demonstrate 55 exemplary performance as determined by the Chief of Police or his 56 designee.

Page 11

1 B. Areas to be considered in determining eligibility for the Performance2 Enhancement Allowance shall be established by the Chief of Police or3 his designee, after consultation with the Union.45 C. The allowance shall be 5% of the unit member's base salary earned in6 the designated performance period.78 D. A Committee chosen solely by the Chief of Police shall recommend9 recipients utilizing the established criteria. The selection or non-

10 selection of any particular unit member by the Chief or his designee, or11 by the union as provided below, shall not be grievable under Article 2712 of the Agreement by either party. In the event the City fails to meet and13 select at least the minimum number of eligible candidates within 4514 days from the end of each performance period, the Union shall select 3015 unit members (20 of Police Officer rank and 10 of Sergeant rank and/or16 Investigator assignment) who shall receive the allowance.171819 ARTICLE 420 PROFESSIONAL STANDARDS2122 The Union recognizes the necessity of continuous improvement in efficiency23 and effectiveness throughout the employer's operations covered by this collective24 bargaining agreement and in this connection, it will urge its representatives and25 members to cooperate jointly with the employer in accomplishing this result.26272829 ARTICLES30 MERIT TESTING FOR INVESTIGATOR3132 Section 1: Testing Procedure33 Assignment of members within the rank of Police Officer to the34 departmentally designated position of Investigator will be based on merit testing.35 The testing procedures are to be conducted by the Rochester Police Department36 under the direction of the Chief of Police and will consist of written examinations,37 oral interviews, and after consultation with the Union, such other testing procedures38 as determined by the Chief of Police, to create a rank standing. Assignment to the39 functions of Investigator will be made by the Chief of Police, in such numbers as he40 shall deem appropriate and necessary, by the selection of one of the three persons41 standing highest on the list of those persons who qualify for assignment as a result of42 such merit testing. The list of those eligible for assignment shall remain in effect for43 a maximum of three (3) years unless extended by mutual consent.4445 Section 2: Preference for Experience46 If, after the merit testing procedure has been completed, two or more47 members receive equal rank standing, preference shall be given to the member with48 the longest seniority as a designated Plainclothesman or Detective at the time of49 creation of the rank standing. In the event that the preference set forth in this Section50 is applicable, the member entitled to such preference shall be deemed to have a51 higher rank standing than any other member having an otherwise equal rank standing.52 Except as provided in this Section, whenever two or more members receive equal53 rank standing, such members shall collectively constitute one "person" for purposesS4 of assignment as provided in Section I of this Article.

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21


B. Areas to be considered in determining eligibility for the Performance Enhancement Allowance shall be established by the Chief of Police or his designee, after consultation with the Union.

C. The allowance shall be 5% of the unit member's base salary earned in

the designated performance period.

D. A Committee chosen solely by the Chief of Police shall recommend recipients utilizing the established criteria. The selection or nonselection of any particular unit member by the Chief or his designee, or by the union as provided below, shall not be grievable under Article27 of the Agreement by either party. In the event the City fails to meet and select at least the minimum number of eligible candidates within 45 days from the end of each performance period, the Union shall select 30 unit members (20 of Police Officer rank and 10 of Sergeant rank and/or Investigator assignment) who shall receive the allowance.

ARTICLE4 PROFESSIONAL STANDARDS

22 The Union recognizes the necessity of continuous improvement in efficiency

23 and effectiveness throughout the employer's operations covered by this collective 24 bargaining agreement and in this connection, it will urge its representatives and 25 members to cooperate jointly with the employer in accomplishing this result. 26 27 28 29 30 31

ARTICLES MERIT TESTING FOR INVESTIGATOR

32 Section 1: Testing Procedure 33 Assignment of members within the rank of Police Officer to the

34 departmentally designated position of Investigator will be based on merit testing. 35 The testing procedures are to be conducted by the Rochester Police Department 36 under the direction of the Chief of Police and will consist of written examinations, 37 oral interviews, and after consultation with the Union, such other testing procedures

38 as determined by the Chief of Police, to create a rank standing. Assignment to the

39 functions of Investigator will be made by the Chief of Police, in such numbers as he 40 shall deem appropriate and necessary, by the selection of one of the three persons 41 standing highest on the list of those persons who qualify for assignment as a result of

42 such merit testing. The list of those eligible for assignment shall remain in effect for

43 a maximum of three (3) years unless extended by mutual consent. 44 45 Section 2: Preference for Experience 46 If, after the merit testing procedure has been completed, two or more 47 members receive equal rank standing, preference shall be given to the member with 48 the longest seniority as a designated Plainclothesman or Detective at the time of 49 creation of the rank standing. In the event that the preference set forth in this Section

50 is applicable, the member entitled to such preference shall be deemed to have a 51 higher rank standing than any other member having an otherwise equal rank standing.

52 Except as provided in this Section, whenever two or more members receive equal 53 rank standing, such members shall collectively constitute one "person" for purposes

54 of assignment as provided in Section 1 of this Article.

Page 12

Section 3: CompensationMembers assigned as Investigators in accordance with this Article shall be

paid at Bracket 90, Step A. Upon the completion of one (l) full year of assignmentas an Investigator, the member shall be paid at Bracket 90, Step B. Except asprovided in Section 5 of this Article, no person who has not qualified for assignmentas Investigator by successfully completing the merit testing procedure, and whosename does not appear on the list of those eligible for assignment, and who has notbeen duly assigned as an Investigator, all as provided in Section 1 of this Article,shall be entitled to, or shall be paid the salary rate provided for in Bracket 90, Steps AorB.

Section 4: Duration of AssignmentThe assignment of Police Officers to duty as Investigators shall not create

any rights of tenure. The Chief of Police shall have the sole power to assign PoliceOfficers to duty as Investigators, as provided in this Article, and to reasSignmembers from the duty of Investigators to other duties within the rank of PoliceOfficer. Upon written request by the member reassigned, the member shall beentitled to an articulated explanation for such reassignment. Notwithstanding anyprovision of this Agreement, a reassignment of an Investigator to other dutieswithin the rank of Police Officer shall not be deemed to be a transfer.Notwithstanding Section 75 of the Civil Service Law, any other statute, thisAgreement, or any Rule or Regulation of the Rochester Police Department or theCity of Rochester, a reassignment· of a member from duty as an Investigator toother duties within the rank of Police Officer shall not be deemed as discipline or ademotion. Any member reassigned from duty as an Investigator to other dutieswithin the rank of Police Officer shall be compensated at the salary provided inBracket 90, up to Step 4, applicable to a Police Officer with the member's length ofservice within that title.

Section 5:A.

Temporary Assignments1. In the event it becomes necessary, in the judgment of theChief of Police, to make a temporary assignment to the duties of anInvestigator, such temporary assignment may be made pursuant tothis section. Said temporary assignment may not exceed thirty (30)calendar days except as provided in Section 5(C) of this Article.

2. Selection, by the Chief of Police, of members assigned toperform the duties of an Investigator shall be made from thosemembers who qualify for the assignment as a result of the merittesting system as set forth in Section 1 of this Article, as follows:

a. by selecting one of the persons on the current Investigatorlist who is assigned to the Section in which temporaryassignment is to be made, or;

b. by selecting one of three persons standing highest on theentire Investigator list.

B. If it becomes necessary for the Chief of Police to make a temporaryassignment to the duties of an Investigator not to exceed ten (10) workingdays, he may do so at his discretion by selecting a member working within theSection and Platoon where the temporary assignment is to be worked, whetheror not the member is on the list of those persons who qualify as a result of themerit testing procedures set forth in Section 1 of this Article.


1 Section 3: Compensation 2 Members assigned as Investigators in accordance with this Article shall be

3 paid at Bracket 90, Step A. Upon the completion of one (1) full year of assignment

4 as an Investigator, the member shall be paid at Bracket 90, Step B. . Except as

5 provided in Section 5 of this Article, no person who has not qualified for assignment

6 as Investigator by successfully completing the merit testing procedure, and whose

7 name does not appear on the list of those eligible for assignment, and who has not

8 been duly assigned as an Investigator, all as provided in Section 1 of this Article,

9 shall be entitled to, or shall be paid the salary rate provided for in Bracket 90, Steps A

10 orB. 11 12 Section 4: Duration of Assignment 13 The assignment of Police Officers to duty as Investigators shall not create

14 any rights of tenure. The Chief of Police shall have the sole power to assign Police

15 Officers to duty as Investigators, as provided in this Article, and to reassign

16 members from the duty of Investigators to other duties within the rank of Police

17 Officer. Upon written request by the member reassigned, the member shall be

18 entitled to an articulated explanation for such reassignment. Notwithstanding any

19 provision of this Agreement, a reassignment of an Investigator to other duties 20 within the rank of Police Officer shall not be deemed to be a transfer.

21 Notwithstanding Section 75 of the Civil Service Law, any other statute, this

22 Agreement, or any Rule or Regulation of the Rochester Police Department or the

23 City of Rochester, a reassignment of a member from duty as an Investigator to

24 other duties within the rank of Police Officer shall not be deemed as discipline or a

25 demotion. Any member reassigned from duty as an Investigator to other duties

26 within the rank of Police Officer shall be compensated at the salary provided in

27 Bracket 90, up to Step 4, applicable to a Police Officer with the member's length of

28 service within that title. 29 30 Section 5: Temporary Assignments 31 A. 1. In the event it becomes necessary, in the judgment of the

Chief of Police, to make a temporary assignment to the duties of an Investigator, such temporary assignment may be made pursuant to this section. Said temporary assignment may not exceed thirty (30) calendar days except as provided in Section S(C) of this Article.

32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

2. Selection, by the Chief of Police, of members assigned to perform the duties of an Investigator shall be made from those members who qualify for the assignment as a result of the merit

testing system as set forth in Section 1 ofthis Article, as follows: a. by selecting one of the persons on the current Investigator

list who is assigned to the Section in which temporary assignment is to be made, or;

b. by selecting one of three persons standing highest on the entire Investigator list.

B. If it becomes necessary for the Chief of Police to make a temporary

assignment to the duties of an Investigator not to exceed ten ( 10) working

days, he may do so at his discretion by selecting a member working within the

Section and Platoon where the temporary assignment is to be worked, whether or not the member is on the list of those persons who qualify as a result of the merit testing procedures set forth in Section 1 of this Article.

Page 13

C. If it becomes necessary for the Chief of Police to extend a temporaryassignment which was made pursuant to subdivisions A or B of this Section,the said extension may be made if:

1. The extension is vital to the continuity of a particularinvestigation, and;

2. Removal of a particular member from the temporaryassignment would greatly hinder a particular investigation,and;

3. Permission is granted by the Union. Said permission shall notbe unreasonably denied.

D. All members assigned to perform duties of an Investigator on atemporary basis shall be compensated commensurate with Bracket·90, Step A, on a per diem basis. Said members shall be paid on theappropriate payday, immediately following the temporaryassignment.

E. Temporary assignments to Investigator shall not entitle the memberto overtime pay in accordance with Article 18, Section 3 (A).

Section6: Current AssignmentsIt is further agreed and understood by the parties that members presently

assigned as Detective, Grade A, B or C and Plainclothesmen shall remain so assignedconsistent with the Rules and Regulations of the Department in effect on July 1, 1974,to the extent that such assignments are lawful, and that such members shall becompensated at the salary appropriate to the Brackets set forth for such assignments inArticle 3, Section 3, provided, however, that nothing in this Section shall prohibit orrestrict the Chief of Police from assigning such members to other duties within therank of Police Officer at the salary provided for such duties. Nothing in this Articleshall be construed to compel those members described herein to participate in themerit testing procedures set forth in Section 1 of this Article as a prerequisite toretaining the assignments referred to in this Section. However, nothing in this Sectionshall prevent members described herein from participating in the merit testingprocedures set forth in Section 1 of this Article.

ARTICLE 6PAID HOLIDAYS

Section 1: RecognizedHolidaysA. The following thirteen (13) days during each year of this agreement

will be recognized as paid holidays:1. Independence Day2. Labor Day3 Columbus Day4. Veterans Day5. Thanksgiving Day6. Christmas Day7. New Year's Day8. Lincoln's Birthday9. Washington's Birthday

10. Good Friday11. Easter Sunday12. Memorial Day13. Martin Luther King Jr. Day

Page 14

1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17 18 19 20


C. If it becomes necessary for the Chief of Police to extend a temporary assignment which was made pursuant to subdivisions A or B of this Section, the said extension may be made if:

D.

E.

1. The extension is vital to the continuity of a particular investigation, and;

2. Removal of a particular member from the temporary assignment would greatly hinder a particular investigation, and;

3. Permission is granted by the Union. Said permission shall not be unreasonably denied.

All members assigned to perform duties of an Investigator on a temporary basis shall be compensated commensurate with Bracket· 90, Step A, on a per diem basis. Said members shall be paid on the appropriate payday, immediately following the temporary assignment.

Temporary assignments to Investigator shall not entitle the member to overtime pay in accordance with Article 18, Section 3 (A).

21 Section 6: Current Assignments 22 It is further agreed and understood by the parties that members presently 23 assigned as Detective, Grade A, B or C and Plainclothesmen shall remain so assigned 24 consistent with the Rules and Regulations of the Department in effect on July 1, 1974, 25 to the extent that such assignments are lawful, and that such members shall be 26 compensated at the salary appropriate to the Brackets set forth for such assignments in 27 Article 3, Section 3, provided, however, that nothing in this Section shall prohibit or 28 restrict the Chief of Police from assigning such members to other duties within the 29 rank of Police Officer at the salary provided for such duties. Nothing in this Article 30 shall be construed to compel those members described herein to participate in the 31 merit testing procedures set forth in Section 1 of this Article as a prerequisite to 32 retaining the assignments referred to in this Section. However, nothing in this Section 33 shall prevent members described herein from participating in the merit testing 34 procedures set forth in Section 1 of this Article. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56

ARTICLE6 PAID HOLIDAYS

Section 1: Recognized Holidays A. The following thirteen (13) days during each year of this agreement

will be recognized as paid holidays: 1. Independence Day 2. Labor Day 3 Columbus Day 4. Veterans Day 5. Thanksgiving Day 6. Christmas Day 7. New Year's Day 8. Lincoln's Birthday 9. Washington's Birthday

10. Good Friday 11. Easter Sunday 12. Memorial Day 13. Martin Luther King Jr. Day

Page 14

-------------- ------

1 B. If a holiday falls on a workday and the officer is granted the day off,2 the officer must use a vacation day, personal leave day or3 compensatory day on the holiday.45 C. Holiday pay shall be based upon the step and bracket of the employee6 at the time of each holiday, not upon the step and bracket at the time of7 payment.89 Section2: Payment for Holidays

10 Members shall be paid by the first Friday in December for all holidays11 enumerated in Section 1 of this Article. Payment shall be based on a holiday year12 from Christmas of the preceding calendar year through Thanksgiving of the current13 calendar year, except that if a member is employed for less than the full holiday year14 from Christmas to Thanksgiving, he shall be paid only for those holidays observed15 during his period of employment.16171819 ARTICLE 720 BENEFITS FOR ON-DUTY INJURY2122 Section 1: Benefits23 The City will provide the following benefits for any member who is injured24 in the performance of his duties or who is taken sick as a result of the performance25 of his duties (as set forth in City Charter Section 8A-6), until his disability arising26 therefrom has ceased: base salary (Article 3, Section 1), longevity payments27 (Article 3, Section 4), pension benefits (Article 3, Section 5), paid holidays (Article28 6, Section 1 and 2), health insurance (Article 11, Section 1-6), dental insurance29 (Article 11, Section 8), and educational incentives (Article 14, Section 2).3031 Section 2: Other Provisions32 A. Clothing Allowance shall be provided during the first 12 months of33 Section 8A-6 status. Said allowance may be continued at the discretion of34 the Chief of Police.3536 B. Payment of shift adjustment, if any, will be made pursuant to Article 3,37 Section 6.3839 C. Vacations will be covered by the appropriate General Order (currently40 General Order 230), except that if the officer is off duty on Section 8A-641 status for more than 90 calendar days, he may have future vacation42 accruals reduced in proportion to non-working time at the sole discretion43 of the Chief of Police. Said decision of the Chief of Police shall not be44 reviewable or grievable.4546 D. There shall be no accrual of personal leave while an officer is on Section47 8A-6 status.4849 E. The practice of providing compensatory days because the officer worked50 one work wheel rather than another shall cease for officers on Section 8A-51 6 status.

1 2 3 4 5 6 7 8


B. If a holiday falls on a workday and the officer is granted the day off, the officer must use a vacation day, personal leave day or compensatory day on the holiday.

C. Holiday pay shall be based upon the step and bracket of the employee at the time of each holiday, not upon the step and bracket at the time of payment.

9 Section 2: Payment for Holidays 10 Members shall be paid by the first Friday in December for all holidays 11 enumerated in Section 1 of this Article. Payment shall be based on a holiday year 12 from Christmas of the preceding calendar year through Thanksgiving of the current 13 calendar year, except that if a member is employed for less than the full holiday year 14 from Christmas to Thanksgiving, he shall be paid only for those holidays observed 15 during his period of employment. 16 17 18

ARTICLE7 19 20 21

BENEFITS FOR ON-DUTY INJURY

22 Section 1: Benefits 23 The City will provide the following benefits for any member who is injured 24 in the performance of his duties or who is taken sick as a result of the performance 25 of his duties (as set forth in City Charter Section 8A-6), until his disability arising 26 therefrom has ceased: base salary (Article 3, Section 1), longevity payments 27 (Article 3, Section 4), pension benefits (Article 3, Section 5), paid holidays (Article 28 6, Section 1 and 2), health insurance (Article 11, Section 1-6), dental insurance 29 (Article 11, Section 8), and educational incentives (Article 14, Section 2). 30

31 Section 2: Other Provisions 32 A. Clothing Allowance shall be provided during the first 12 months of 33 Section 8A-6 status. Said allowance may be continued at the discretion of 34 the Chief of Police. 35 36 B. Payment of shift adjustment, if any, will be made pursuant to Article 3, 37 Section 6. 38 39 C. Vacations will be covered by the appropriate General Order (currently 40 General Order 230), except that if the officer is off duty on Section 8A-6 41 status for more than 90 calendar days, he may have future vacation 42 accruals reduced in proportion to non-working time at the sole discretion 43 of the Chief of Police. Said decision of the Chief of Police shall not be 44 reviewable or grievable. 45

46 D. There shall be no accrual of personal leave while an officer is on Section 47 8A-6 status. 48 49 E. The practice of providing compensatory days because the officer worked 50 one work wheel rather than another shall cease for officers on Section 8A-51 6 status.

Page 15

1 ARTICLE 82 SICK LEAVE34 Section 1: Statement of Purpose5 This Article establishes sick leave benefits for the members of the6 bargaining unit. Procedures implementing these benefits will be covered by the7 Sick Leave General Order (currently numbered 210).89 Section 2: Eligibility

lOA member of the department will be eligible for sick leave only when11 suffering from an illness or injury that would prevent the performance of duty. He12 will not feign sickness or injury; nor will he deceive or attempt to deceive any13 physician, surgeon, commanding officer or other competent authority concerning his14 mental or physical condition.1516 Section3: Bills for Service17 Bills for professional service by private medical or surgical specialists18 rendered to members injured on duty or while on Police Department premises will19 be paid from City funds in the event that the Police Surgeon is unable to personally20 provide the service, provided that the private medical or surgical specialist has been21 approved for that purpose by the Police Chief. This provision will not apply to22 necessary first aid or emergency services rendered in cases of injury in line of duty.23 Eligibility for the benefits described above shall initially be determined solely by the24 Chief of Police. The decisions of the Chief of Police shall be subject to the25 provisions of Article 27.2627 Section4: Discontinued Tours28 When a member discontinues his tour of duty due to injury or illness, he29 will be on sick leave and will be subject to all the regulations of this Sick Leave30 Article and applicable General Orders. The member must report sick, as required, if31 he wishes to use sick leave on working days subsequent to this discontinued day.32 However, discontinued days will not be counted as absence from duty in33 determining loss of personal leave day or furlough due to absences as a result of34 injury or illness.3536 Section 5: Sick Leave Allowance37 A member of the Department may be permitted up to six calendar months of38 continual sick leave for any illness or injury not sustained in the line of duty. If39 unable to return to duty after this period, his case will be reviewed by the Chief and40 one of the following determinations will be made:41 1. Temporary termination from the payroll with reinstatement42 rights at any time within one year.43 2. Retirement from active service if so entitled.44 3. Dismissal from the department.45 4. An extension of sick leave.46 Prior to making his determination, the Chief will obtain a written report from47 the Police Physician which shall include the report, if any, of the member's personal48 physician.4950 Section 6: Obligation of Officer on Sick Leave to51 Remain at Home or in Place of Confinement52 A. Unless authorized by his immediate commanding officer, or his53 designated representative, a member of the Department on sick leave54 will not leave his residence or place of confinement during his55 regularly scheduled hours of work except for:56 1. obtaining professional medical treatment;

Page 16


1 ARTICLE 8 2 SICK LEAVE 3 4 Section 1: Statement of Purpose 5 This Article establishes sick leave benefits for the members of the 6 bargaining unit. Procedures implementing these benefits will be covered by the 7 Sick Leave General Order (currently numbered 210). 8 9 Section 2: Eligibility

10 A member of the department will be eligible for sick leave only when 11 suffering from an illness or injury that would prevent the performance of duty. He 12 will not feign sickness or injury; nor will he deceive or attempt to deceive any 13 physician, surgeon, commanding officer or other competent authority concerning his 14 mental or physical condition. 15 16 Section 3: Bills for Service 17 Bills for professional service by private medical or surgical specialists 18 rendered to members injured on duty or while on Police Department premises will 19 be paid from City funds in the event that the Police Surgeon is unable to personally 20 provide the service, provided that the private medical or surgical specialist has been 21 approved for that purpose by the Police Chief. This provision will not apply to 22 necessary first aid or emergency services rendered in cases of injury in line of duty. 23 Eligibility for the benefits described above shall initially be determined solely by the 24 Chief of Police. The decisions of the Chief of Police shall be subject to the 25 provisions of Article 27. 26 27 Section 4: Discontinued Tours 28 When a member discontinues his tour of duty due to injury or illness, he 29 will be on sick leave and will be subject to all the regulations of this Sick Leave 30 Article and applicable General Orders. The member must report sick, as required, if 31 he wishes to use sick leave on working days subsequent to this discontinued day. 32 However, discontinued days will not be counted as absence from duty in 33 determining loss of personal leave day or furlough due to absences as a result of 34 injury or illness. 35 36 Section 5: Sick Leave Allowance 37 A member of the Department may be permitted up to six calendar months of 38 continual sick leave for any illness or injury not sustained in the line of duty. If 39 unable to return to duty after this period, his case will be reviewed by the Chief and 40 one of the following determinations will be made: 41 1. Temporary termination from the payroll with reinstatement 42 rights at any time within one year. 43 2. Retirement from active service if so entitled. 44 3. Dismissal from the department. 45 4. An extension of sick leave. 46 Prior to making his determination, the Chief will obtain a written report from 47 the Police Physician which shall include the report, if any, of the member's personal 48 physician. 49 50 Section 6: Obligation of Officer on Sick Leave to 51 Remain at Home or in Place of Confinement 52 A. Unless authorized by his immediate commanding officer, or his 53 designated representative, a member of the Department on sick leave 54 will not leave his residence or place of confinement during his 55 regularly scheduled hours of work except for: 56 1. obtaining professional medical treatment;

Page 16

1 2. performing exercise prescribed in writing by his physician2 which is part of his recovery treatment, a copy of which must3 be submitted to his Commanding Officer prior to commencing4 such exercise.5 The Commanding Officer's decision may be appealed to high command or6 ultimately to the Chief of Police in consultation with the member's physician.78 B. The requirements of this Section shall not apply to members disabled9 due to a service connected injury, as determined by the Chief of Police.

101112 ARTICLE 913 PERSONAL LEAVE FOR PERFECT ATTENDANCE1415 A. Employees covered by this Agreement will earn one day of personal leave16 for each calendar quarter of perfect attendance. Any personal leave earned according17 to this Article shall be credited within the next pay period after it was earned. The18 employee may use such leave for any purpose subject to advance approval of his19 absence. The employee may accumulate up to four days of personal leave for this20 purpose, which may be carried across contract or fiscal years, provided that the four-21 day maximum is not exceeded. For the purpose of calculating personal leave22 earnings by calendar quarter, the starting date shall be January 1, 1989. On January23 1, 1989, members shall be credited with personal leave proportional to the period of24 perfect attendance for the 90 days prior to January 1, or for the period from January25 1, 1989 back to the last date on which personal leave was computed, calculated to the26 nearest whole hour.2728 B. This Article does not apply to employees hired after July 1, 1984.29303132 ARTICLE 1033 VACATIONS3435 Section 1: Statement of Purpose36 This Article establishes vacation benefits for the members of the bargaining37 unit. Procedures implementing these benefits will be covered by the furlough38 General Order (currently numbered 230).3940 Section 2: Emergency Situations41 In the event the Chief determines that a serious emergency exists, he may42 cancel or terminate furloughs, provided, however, that he first exhausts all43 additional manpower available through call-in procedures. In the event of a44 declared emergency, the Chief may terminate or cancel furloughs immediately.45 Furloughs canceled or terminated will be rescheduled by the Chief of Police at a46 later date.4748 Section 3: Choice and Retention of Furlough49 Choice of furlough dates will be based on seniority as defined in Article50 22. A member who has chosen his furlough will not lose his choice by reason of51 transfer unless the transfer was requested by the member, in which case the Chief52 of Police may, in the case of furlough conflict, reschedule the member's furlough53 within the same period (prime or non-prime). If the furlough is not rescheduled54 within the same period, then the member will be allowed to carry over those55 furlough days into the next calendar year.


1 2. performing exercise prescribed in writing by his physician

2 which is part of his recovery treatment, a copy of which must

3 be submitted to his Commanding Officer prior to commencing

4 such exercise. 5 The Commanding Officer's decision may be appealed to high command or

6 ultimately to the Chief of Police in consultation with the member's physician. 7 8 9

10 11 12 13 14

B. The requirements of this Section shall not apply to members disabled due to a service connected injury, as determined by the Chief of Police.

ARTICLE9 PERSONALLEAVEFORPERFECTATTENDANCE

15 A. Employees covered by this Agreement will earn one day of personal leave

16 for each calendar quarter of perfect attendance. Any personal leave earned according

17 to this Article shall be credited within the next pay period after it was earned. The

18 employee may use such leave for any purpose subject to advance approval of his

19 absence. The employee may accumulate up to four days of personal leave for this

20 purpose, which may be carried across contract or fiscal years, provided that the four-

21 day maximum is not exceeded. For the purpose of calculating personal leave 22 earnings by calendar quarter, the starting date shall be January 1, 1989. On January

23 1, 1989, members shall be credited with personal leave proportional to the period of

24 perfect attendance for the 90 days prior to January 1, or for the period from January

25 1, 1989 back to the last date on which personal leave was computed, calculated to the 26 nearest whole hour. 27 28 B. This Article does not apply to employees hired after July 1, 1984. 29 30 31 32 33 34

ARTICLE 10 VACATIONS

35 Section 1: Statement of Purpose 36 This Article establishes vacation benefits for the members of the bargaining

37 unit. Procedures implementing these benefits will be covered by the furlough

38 General Order (currently numbered 230). 39

40 Section 2: Emergency Situations 41 In the event the Chief determines that a serious emergency exists, he may

42 cancel or terminate furloughs, provided, however, that he first exhausts all

43 additional manpower available through call-in procedures. In the event of a

44 declared emergency, the Chief may terminate or cancel furloughs immediately.

45 Furloughs canceled or terminated will be rescheduled by the Chief of Police at a 46 later date. 47 48 Section 3: Choice and Retention of Furlough 49 Choice of furlough dates will be based on seniority as defined in Article 50 22. A member who has chosen his furlough will not lose his choice by reason of

51 transfer unless the transfer was requested by the member, in which case the Chief

52 of Police may, in the case of furlough conflict, reschedule the member's furlough 53 within the same period (prime or non-prime). If the furlough is not rescheduled

54 within the same period, then the member will be allowed to carry over those

55 furlough days into the next calendar year.

Page 17

1 Section4: Vacation Allowance2 The City will grant vacation based on the number of years of service3 completed at the beginning of the calendar year as follows: Number of years of4 service completed as of January 1 of the calendar year; and yearly vacation5 allowance:6 1. less than one year of service; 1 day per mo. (not to exceed 107 days)8 2. 1yr. through 3 completeyears; 12days9 3. 4 yrs. through 8 completeyears; 16 days

10 4. 9 yrs. through 14completeyears; 18days11 5. 15yrs. through 19completeyears; 20 days12 6. 20 and more completeyears; 25 days.1314 Vacation allowance for a calendar year will be made available at the15 beginning of the first full pay period in that calendar year. The vacation16 allowance for a given calendar year can be used through the end of the pay period17 that precedes the first full pay period in the followingcalendaryear. While newly18 hired members will accrue vacation allowance according to the schedule above,19 they will not be allowed to use vacation allowance during their periods of20 academytrainingor field training.2122 All vacation days are workingdays and do not includeR days.23242526 ARTICLE 1127 HOSPITAL & SURGICAL INSURANCE & DEATH BENEFITS2829 Section 1: Hospital and Surgical Health Benefits3031 A. Employeeshired prior to July 1, 2000, may choose from the following32 plans:33 1. Blue CrosslBlue ShieldPlan plus the Blue Million Rider, the34 $5.00 deductiblePrescriptionRider and the 80/20 X-ray Blue35 Shield Rider. The City agrees to provide coverage36 comparable to the prior l20-day Maternity ServiceRider and37 the Paid-in-FullObstetrical ServiceRider for members of the38 unit. This benefit may be provided through a plan or plans39 other than Blue Cross and/or Blue Shield provided that the40 benefit remains substantiallyequivalent. However, as of the41 date of this Summaryof Award (July 13, 2007), only those42 unit members who are already enrolled in the Blue Million43 Plan, as describedabove,will be eligibleto continuecoverage44 with the Blue Million Plan. In addition, unit members with45 30 or more years of serviceby October 1, 2007, may elect to46 enroll in the Blue Million Plan during a special enrollment47 period that will take place prior to that date. As of October 1,48 2007, the Blue Million Plan will thereafter be closed to new49 enrollees.50 2. The Blue ChoiceExtendedPlan51 3. The Blue Choice SelectPlan52 4. The PreferredCare ComprehensivePlan53 5. The PreferredCare CommunityPlan54 6. Blue ChoiceValue55 7. PreferredCare Opportunity


1 Section 4: Vacation Allowance 2 The City will grant vacation based on the number of years of service 3 completed at the beginning of the calendar year as follows: Number of years of 4 service completed as of January 1 of the calendar year; and yearly vacation 5 allowance: 6 1. less than one year of service; 1 day per mo. (not to exceed 10 7 days) 8 2. 1 yr. through 3 complete years; 12 days 9 3. 4 yrs. through 8 complete years; 16 days

10 4. 9 yrs. through 14 complete years; 18 days 11 5. 15 yrs. through 19 complete years; 20 days 12 6. 20 and more complete years; 25 days. 13 14 Vacation allowance for a calendar year will be made available at the 15 beginning of the first full pay period in that calendar year. The vacation 16 allowance for a given calendar year can be used through the end of the pay period 17 that precedes the first full pay period in the following calendar year. While newly 18 hired members will accrue vacation allowance according to the schedule above, 19 they will not be allowed to use vacation allowance during their periods of 20 academy training or field training. 21 22 23 24 25

All vacation days are working days and do not include R days.

26 ARTICLE 11 27 HOSPITAL & SURGICAL INSURANCE & DEATH BENEFITS 28 29 Section 1: Hospital and Surgical Health Benefits 30 31 A. Employees hired prior to July 1, 2000, may choose from the following 32 plans: 33 1. Blue Cross/Blue Shield Plan plus the Blue Million Rider, the 34 $5.00 deductible Prescription Rider and the 80/20 X-ray Blue 35 Shield Rider. The City agrees to provide coverage 36 comparable to the prior 120-day Maternity Service Rider and 37 the Paid-in-Full Obstetrical Service Rider for members of the 38 unit. This benefit may be provided through a plan or plans 39 other than Blue Cross and/or Blue Shield provided that the 40 benefit remains substantially equivalent. However, as of the 41 date of this Summary of Award (July 13, 2007), only those 42 unit members who are already enrolled in the Blue Million 43 Plan, as described above, will be eligible to continue coverage 44 with the Blue Million Plan. In addition, unit members with 45 30 or more years of service by October 1, 2007, may elect to 46 enroll in the Blue Million Plan during a special enrollment 47 period that will take place prior to that date. As of October 1, 48 2007, the Blue Million Plan will thereafter be closed to new 49 enrollees. 50 2. The Blue Choice Extended Plan 51 3. The Blue Choice Select Plan 52 4. The Preferred Care Comprehensive Plan 53 5. The Preferred Care Community Plan 54 6. Blue Choice Value 55 7. Preferred Care Opportunity

Page 18

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1 B. All members hired on or after July 1,2000 but prior to July 1,2007 shall2 have available to them either the Blue Choice Select or Preferred Care3 Community Plan, Blue Choice Value or Preferred Care Opportunity.45 C. All members hired on or after July 1, 2007 shall have available to them6 either the Blue Choice Value Plan or Preferred Care Opportunity.78 D. It is expressly understood by the parties that a unit member married to9 another unit member shall be eligible for only one single health insurance

10 contract in the event his or her spouse is covered by his or her own single11 health insurance contract, and further, that such member shall not be12 eligible for any separate health insurance coverage if his or her spouse is13 covered by a family health insurance contract, as provided for in this14 Section.1516 E. Except as provided in Article 11, Section 1 (A) (1), the Employer has the17 right to replace any health insurance plan or rider that is offered to18 members of the unit with a plan or rider that, when considered as a19 whole, is substantially similar to the plan or rider being replaced. The20 Employer shall consult with the Union regarding the contemplated21 change(s) in plan or rider. If the Union disagrees with the City's22 determination that a proposed change in plan or rider is substantially23 similar, the Union may file a grievance pursuant to Article 27 of this24 Agreement, utilizing an expedited process as directed by the Contract25 Arbitrator. In the event the Union grieves, no change(s) shall occur until26 the Contract Arbitrator has rendered a final determination on the matter.27 The Union will not unnecessarily delay the expedited review process.2829 Section 2: Cost of Benefits to Employees30 Effective July 23,2007, employee contributions for those enrolled in the31 Blue Cross/Blue Shield Blue Million, Blue Choice Extended or Preferred Care32 Comprehensive Plans shall be 9% (nine percent) of the cost of the plan selected.33 The employee contribution for those enrolled in the Blue Choice Select or the34 Preferred Care Community Plan, Blue Choice Value, or Preferred Care35 Opportunity shall be 6% (six percent) of the cost of the plan selected.3637 Section 3: Alternative Plans38 A. Unit members who accept health insurance coverage from a source39 other than the City of Rochester shall receive $1,000 per annum,40 prorated by month, based on the City's fiscal year, payable by41 September 1st for the preceding fiscal year, if 1 through 49 unit42 members accept this option. If, however, 50 to 59 unit members accept43 this option by the conclusion of the fiscal year, the payment shall44 increase to $1,500 per annum per unit member. If 60 or more unit45 members accept this option by the conclusion of the fiscal year, the46 payment shall increase to $2,000 per annum per member.4748 B. Applications shall be made for the following fiscal year at the same49 time as "open enrollment" for health insurance.5051 C. Re-enrollment in City coverage is permitted during the year if a52 qualifying event occurs.53


l B. All members hired on or after July 1, 2000 but prior to July 1, 2007 shall

2 have available to them either the Blue Choice Select or Preferred Care

3 Community Plan, Blue Choice Value or Preferred Care Opportunity.

4 5 C. All members hired on or after July 1, 2007 shall have available to them

6 either the Blue Choice Value Plan or Preferred Care Opportunity. 7 8 D. It is expressly understood by the parties that a unit member married to

9 another unit member shall be eligible for only one single health insurance

10 contract in the event his or her spouse is covered by his or her own single

11 health insurance contract, and further, that such member shall not be

12 eligible for any separate health insurance coverage if his or her spouse is

13 covered by a family health insurance contract, as provided for in this

14 Section. 15 16 E. Except as provided in Article 11, Section 1 (A) (1), the Employer has the

17 right to replace any health insurance plan or rider that is offered to

18 members of the unit with a plan or rider that, when considered as a

19 whole, is substantially similar to the plan or rider being replaced. The

20 Employer shall consult with the Union regarding the contemplated

21 change(s) in plan or rider. If the Union disagrees with the City's

22 determination that a proposed change in plan or rider is substantially

23 similar, the Union may file a grievance pursuant to Article 27 of this

24 Agreement, utilizing an expedited process as directed by the Contract

25 Arbitrator. In the event the Union grieves, no change(s) shall occur until

26 the Contract Arbitrator has rendered a final determination on the matter.

27 The Union will not unnecessarily delay the expedited review process. 28 29 Section 2: Cost of Benefits to Employees 30 Effective July 23, 2007, employee contributions for those enrolled in the

31 Blue Cross/Blue Shield Blue Million, Blue Choice Extended or Preferred Care

32 Comprehensive Plans shall be 9% (nine percent) of the cost of the plan selected.

33 The employee contribution for those enrolled in the Blue Choice Select or the

34 Preferred Care Community Plan, Blue Choice Value, or Preferred Care

35 Opportunity shall be 6% (six percent) of the cost of the plan selected. 36 37 Section 3: Alternative Plans 38 A. Unit members who accept health insurance coverage from a source 39 other than the City of Rochester shall receive $1,000 per annum,

40 prorated by month, based on the City's fiscal year, payable by

41 September 1st for the preceding fiscal year, if 1 through 49 unit

42 members accept this option. If, however, 50 to 59 unit members accept

43 this option by the conclusion of the fiscal year, the payment shall

44 increase to $1,500 per annum per unit member. If 60 or more unit

45 members accept this option by the conclusion of the fiscal year, the

46 payment shall increase to $2,000 per annum per member. 47 48 49 50 51 52 53

B. Applications shall be made for the following fiscal year at the same time as "open enrollment" for health insurance.

C. Re-enrollment in City coverage is permitted during the year if a qualifying event occurs.

Page 19

1 Section 4: Dependent Coverage2 In the event of the line-of-duty death of any active member of the unit, the3 City will continue to provide and pay the cost of all health benefits provided by4 this Article to the surviving spouse of the deceased member until said spouse dies5 or remarries, and to dependent children of the deceased member until such6 dependents reach the age of 26.78 Section 5: Payroll Deductions9 The employee's share for all Hospital and Surgical health benefits shall be

10 paid on a payroll deduction basis.1112 Section 6: Life Insurance13 A. A life insurance policy ofa minimum of$3,500.00 shall be provided by14 the City. The City agrees to pay the full premium of an ordinary death15 insurance policy of $3,500.00 for all members of the unit who may16 hereafter retire from service. The effective date of the coverage shall17 be the first day of the month following the date of employment.1819 B. The City shall make available a payroll deduction capability for members20 purchase of life insurance, at their expense, from a vendor selected by the21 Union. The Union will provide a minimum of sixty (60) days' notice of22 the selection or change of the vendor. Monthly payroll deductions will23 be made for members who provide written authorization.2425 Section 7: Death Benefit26 An additional $10,000 death benefit for death resulting from the27 performance of a member's duties shall be provided by the City. The beneficiary of28 such benefit shall be the beneficiary designated on the life insurance policy provided29 for in Section 6 of this Article unless the member designates in writing to the30 Director of the Bureau of Human Resources Management a different beneficiary.3132 Section 8: Dental Plan33 Effective January 1, 1998, the Dental Plan shall be the GHI "Preferred" plan.34 Those enrolling in the dental plan shall contribute ten percent (10%) of the cost of the35 premium on a monthly basis, through payroll deduction.3637 Section 9: Coverage for Retirees38 A. The City will provide hospitalization and medical insurance to qualified39 employees who retire under the New York State Policemen's and40 Firemen's Retirement System. In order to qualify for the benefits set forth41 in this Section, employees must meet both of the following conditions:42 1. The employee must retire directly into and/or under the New43 York State Policemen's and Firemen's Retirement System from44 active, full-time employment with the City and receive a pension45 therefrom, and4647 2. The employee must have served a minimum of twenty (20) years48 of active full-time employment with the City immediately49 preceding retirement into and/or under the New York State50 Policemen's and Firemen's Retirement System. For police officers51 who transferred to the City from another jurisdiction and for52 deputy sheriffs who were hired directly from a Sheriffs53 Department, prior service as a police officer or deputy sheriff shall54 be included in this 20-year service requirement. The required55 minimum period of time set forth in this paragraph will be waivedS6 in the event the employee is granted and receives a New York

Page 20


1 Section 4: Dependent Coverage 2 In the event of the line-of-duty death of any active member of the unit, the

3 City will continue to provide and pay the cost of all health benefits provided by

4 this Article to the surviving spouse of the deceased member until said spouse dies

5 or remarries, and to dependent children of the deceased member until such

6 dependents reach the age of 26. 7 8 Section 5: Payroll Deductions 9 The employee's share for all Hospital and Surgical health benefits shall be

10 paid on a payroll deduction basis. 11 12 Section 6: Life Insurance 13 A. A life insurance policy of a minimum of$3,500.00 shall be provided by

14 the City. The City agrees to pay the full premium of an ordinary death

15 insurance policy of $3,500.00 for all members of the unit who may

16 hereafter retire from service. The effective date of the coverage shall

17 be the first day of the month following the date of employment.

18 19 B. The City shall make available a payroll deduction capability for members

20 purchase of life insurance, at their expense, from a vendor selected by the

21 Union. The Union will provide a minimum of sixty (60) days' notice of

22 the selection or change of the vendor. Monthly payroll deductions will

23 be made for members who provide written authorization. 24 25 Section 7: Death Benefit 26 An additional $10,000 death benefit for death resulting from the

27 performance of a member's duties shall be provided by the City. The beneficiary of

28 such benefit shall be the beneficiary designated on the life insurance policy provided

29 for in Section 6 of this Article unless the member designates in writing to the

30 Director of the Bureau of Human Resources Management a different beneficiary.

31 32 Section 8: Dental Plan 33 Effective January 1, 1998, the Dental Plan shall be the GHI "Preferred" plan.

34 Those enrolling in the dental plan shall contribute ten percent (10%) of the cost of the

35 premium on a monthly basis, through payroll deduction. 36 37 Section 9: Coverage for Retirees 38 A. The City will provide hospitalization and medical insurance to qualified

39 employees who retire under the New York State Policemen's and

40 Firemen's Retirement System. In order to qualify for the benefits set forth

41 in this Section, employees must meet both of the following conditions:

42 1. The employee must retire directly into and/or under the New

43 York State Policemen's and Firemen's Retirement System from

44 active, full-time employment with the City and receive a pension

45 therefrom, and 46 47 48 49 50 51 52

53 54 55 56

2. The employee must have served a minimum of twenty (20) years of active full-time employment with the City immediately preceding retirement into and/or under the New York State Policemen's and Firemen's Retirement System. For police officers who transferred to the City from another jurisdiction and for deputy sheriffs who were hired directly from a Sheriffs Department, prior service as a police officer or deputy sheriff shall be included in this 20-year service requirement. The required minimum period of time set forth in this paragraph will be waived in the event the employee is granted and receives a New York

Page 20

1 State Policemen's and Firemen's Retirement System disability2 retirement.34 B. Qualified employees, as defined in subdivision A of this Section, who5 retire shall retire with the plan they are enrolled in at the time of retirement6 and shall pay the contribution rate in effect for that specific plan and7 coverage selected. The exceptions are as follows: An employee who8 retires with more than 25 years of service shall pay at the rate of 5%; and9 an employee who retires with 30 or more years of service shall not be

10 required to pay any health care insurance contributions,regardless of the11 plan and coverageselected.12131415 ARTICLE 1216 CLOTHING ANDMILEAGE ALLOWANCE1718 Section 1: Clothing Allowance& Payments19 A. Effective 7/1/02, all designated Investigators and all other members who20 are directed, in writing, to work in civilianclothing shall be paid an annual.21 $500 clothing allowance, this allowanceto be figuredon a per diem basis.22 Payment shall be made in the last payroll period of June and Decemberof23 each year to all memberswho were directed, in writing,to work in civilian24 clothingduring anypart of the precedingsix (6) months.2526 B. Effective 7/1/01, all members on the payroll on December 1 Ofeach year27 shall receive an annual uniformaccessoryallowanceof $500 to be paid in28 the firstpayroll period of Decemberof each year. The parties shall discuss29 and agree upon implementationof a vendor voucher systemto provide for30 the $500 uniform accessory allowance effective December 2002. If the31 parties are unable to reach agreement, the matter shall be brought to the32 ContractArbitrator for resolution. The ContractArbitratormay implement33 a vendor voucher system, or in the event that he finds that such a system34 cannot be implemented, he may direct payment of the $500 uniform35 accessory allowance in December 2002. The parties and the Contract36 Arbitrator shall then accomplish implementation of the vendor voucher37 systemas soon as possible thereafter.3839 C. EffectiveDecember 1, 2007, all memberson LongTerm Disability, except40 for those injured in the line of duty, shallnot receive the uniformaccessory41 allowanceunder Article 12,Section 1(b)until they return to duty status, at42 which time that year's allowanceshall be fully restored and must be used43 by November30 of that year.4445 In no event will allowance be paid at separation from service or carried46 over to the followingyear pursuantto this section.4748 Section 2: Payment for Terminated or Retired Members49 Members who are terminated or who retire before one of the semi-annual50 payments outlined above will receive the clothing allowancewhich they are due in51 their finalpaycheck.5253 Section 3: Safety Prescription Glasses54 A. The City will provide and replace as needed safety prescription eyewear55 when the member presents a prescription for eyewear. All safety

1 2 3


State Policemen's and Firemen's Retirement System disability retirement.

4 B. Qualified employees, as defined in subdivision A of this Section, who

5 retire shall retire with the plan they are enrolled in at the time of retirement

6 and shall pay the contribution rate in effect for that specific plan and

7 coverage selected. The exceptions are as follows: An employee who

8 retires with more than 25 years of service shall pay at the rate of 5%; and

9 an employee who retires with 30 or more years of service shall not be

10 required to pay any health care insurance contributions, regardless of the

11 plan and coverage selected. 12 13 14 15 ARTICLE 12 16 CLOTHING AND MILEAGE ALLOWANCE 17 18 Section 1: Clothing Allowance & Payments 19 A. Effective 7 /1/02, all designated Investigators and all other members who

20 are directed, in writing, to work in civilian clothing shall be paid an annual.

21 $500 clothing allowance, this allowance to be figured on a per diem basis.

22 Payment shall be made in the last payroll period of June and December of

23 each year to all members who were directed, in writing, to work in civilian

24 clothing during any part of the preceding six (6) months. 25 26 B. Effective 7/1/01, all members on the payroll on December 1 of each year

27 shall receive an annual uniform accessory allowance of $500 to be paid in

28 the first payroll period of December of each year. The parties shall discuss

29 and agree upon implementation of a vendor voucher system to provide for

30 the $500 uniform accessory allowance effective December 2002. If the

31 parties are unable to reach agreement, the matter shall be brought to the

32 Contract Arbitrator for resolution. The Contract Arbitrator may implement

33 a vendor voucher system, or in the event that he finds that such a system ·

34 cannot be implemented, he may direct payment of the $500 uniform

35 accessory allowance in December 2002. The parties and the Contract

36 Arbitrator shall then accomplish implementation of the vendor voucher

37 system as soon as possible thereafter. 38 39 C. Effective December 1, 2007, all members on Long Term Disability, except

40 for those injured in the line of duty, shall not receive the uniform accessory

41 allowance under Article 12, Section l(b) until they return to duty status, at

42 which time that year's allowance shall be fully restored and must be used

43 by November 30 of that year. 44 45 In no event will allowance be paid at separation from service or carried

46 over to the following year pursuant to this section. 47 48 Section 2: Payment for Terminated or Retired Members 49 Members who are terminated or who retire before one of the semi-annual

50 payments outlined above will receive the clothing allowance which they are due in 51 their final paycheck. 52

53 Section 3: Safety Prescription Glasses 54 A. The City will provide and replace as needed safety prescription eyewear

55 when the member presents a prescription for eyewear. All safety

Page 21

1 prescription eyewear shall conform to ANS Z87.l and O. S. H. A.2 Standards.34 B. Members of the unit will be permitted to purchase safety glasses in frames5 other than the standard frame, provided, however the member shall pay6 the difference between the cost of the standard frame and the approved7 frame he chooses.89 C. The Chief will designate at least six (6) frame styles which are consistent

10 with the image of the Rochester Police Department.1112 Section 4: Mileage Allowance13 A. The City shall pay mileage reimbursement for the use of a member's14 privately-owned vehicle for the conduct of the City's business where such15 use has been permitted by the Chief or his designee. The reimbursement16 shall be the operative Federal (IRS) rate per mile. Record-keeping17 requirements may be established by the City.1819 B. For the working days during which a privately-owned vehicle is used on20 City business pursuant to subsection (A), the City shall provide a parking21 space or shall reimburse the member for parking expenses, at the City's22 option.2324 C. Use of a privately-owned vehicle may be made a condition of assignment.25 However, this requirement shall not apply to assignments in which the26 member is normally required to make arrests or perform patrol functions.2728 D. Notwithstanding (A), (B), and (C) above, the provisions of Special Order29 No. S-82-74 shall remain in effect.3031 E. Members assigned to the SCIS will be provided the use of an Employer-32 owned vehicle at no cost to the member when there are vehicles available33 for use that are otherwise used for their assignments.3435 Section 5: Uniforms36 The City will continue to provide such items of uniforms and personal37 equipment, or their equivalent, as are currently provided, and as may be authorized38 by the Chief of Police. No member will be required to pay for any newly authorized39 personal equipment and/or uniforms issued.4041 Section 6: Weapons and Equipment42 A. Effective 7/1/93, the City will provide each member with the authorized on-43 duty weapon. Weapons so purchased by the City shall remain the property of44 the City. Those members who purchased a weapon for on-duty use on or45 after July 1, 1993 shall be reimbursed by the City for the actual cost of the46 weapon.4748 B. The City shall provide ammunition, one spare clip, leather goods, and49 replacements due to loss or destruction in the line of duty, without cost to the50 member.5152 C. The City will repair or replace, without charge, weapons damaged or lost in53 the line of duty, unless the loss or damage is the result of negligence54 attributable to the member.55


1 2 3

prescription eyewear shall conform to ANS 287.1 and 0. S. H. A.

Standards.

4 B. Members of the unit will be permitted to purchase safety glasses in frames

5 other than the standard frame, provided, however the member shall pay

6 the difference between the cost of the standard frame and the approved

7 frame he chooses. 8 9 C. The Chief will designate at least six (6) frame styles which are consistent

1 0 with the image of the Rochester Police Department. 11 12 Section 4: Mileage Allowance 13 A. The City shall pay mileage reimbursement for the use of a member's

14 privately-owned vehicle for the conduct of the City's business where such

15 use has been permitted by the Chief or his designee. The reimbursement

16 shall be the operative Federal (IRS) rate per mile. Record-keeping

17 requirements may be established by the City. 18 19 B. For the working days during which a privately-owned vehicle is used on

20 City business pursuant to subsection (A), the City shall provide a parking

21 space or shall reimburse the member for parking expenses, at the City's

22 option. 23 24 C. Use of a privately-owned vehicle may be made a condition of assignment.

25 However, this requirement shall not apply to assignments in which the

26 member is normally required to make arrests or perform patrol functions.

27 28 D. Notwithstanding (A), (B), and (C) above, the provisions of Special Order

29 No. S-82-74 shall remain in effect. 30 31 E. Members assigned to the SCIS will be provided the use of an Employer-

32 owned vehicle at no cost to the member when there are vehicles available

33 for use that are otherwise used for their assignments. 34 35 Section 5: Uniforms 36 The City will continue to provide such items of uniforms and personal

37 equipment, or their equivalent, as are currently provided, and as may be authorized

38 by the Chief of Police. No member will be required to pay for any newly authorized

39 personal equipment and/or uniforms issued. 40

41 Section 6: Weapons and Equipment 42 A. Effective 7/1/93, the City will provide each member with the authorized on-

43 duty weapon. Weapons so purchased by the City shall remain the property of

44 the City. Those members who purchased a weapon for on-duty use on or

45 after July 1, 1993 shall be reimbursed by the City for the actual cost of the

46 weapon. 47 48 B. The City shall provide ammunition, one spare clip, leather goods, and

49 replacements due to loss or destruction in the line of duty, without cost to the

so member. 51 52 C. The City will repair or replace, without charge, weapons damaged or lost in

53 the line of duty, unless the loss or damage is the result of negligence

54 attributable to the member. 55

Page 22

1 D. Members must obtain a New York State pistol permit on which their duty2 weapon will be registered.34 E. Members who resign or who are dismissed from the Department shall retain5 ownership of their weapon or receive reimbursement for the cost of the6 weapon at the option ofthe Chief of Police.78 F. Members will maintain their weapons in compliance with standards9 established by the City.

10111213 ARTICLE 1314 CLOTHING BOARD1516 Section 1: Representation17 The parties will establish a joint labor-management clothing board with18 equal representation. Total membership on the board will be no less than six (6) and19 no more than ten (10).2021 Section 2: Consultation and Recommendation22 The Chief of Police will consult with the Board before making decisions23 relative to clothing and personal equipment issued to members of the unit. The24 Board may make recommendations to the Chief on matters relating to clothing and25 personal equipment.2627 Section 3: Meetings28 Both parties to this Agreement may request meetings of the Clothing Board29 to discuss pertinent issues coming under the review of the Board.30313233 ARTICLE 1434 EDUCATIONALBENEFITS3536 Section 1: Payment for Courses37 The City agrees to pay the full cost of all tuition and books to all police officers38 successfully completing a police-work-related course within the period of this contract39 leading to an Associate's Degree, Baccalaureate Degree, or Master's Degree in Police40 Science or Criminal Justice from an accredited institution. Courses required for such41 degree programs shall be deemed to be police-work-related. Electives may be deemed42 to be police-work-related with the prior approval of the Police Chief. If a disagreement43 should arise over electives, the matter shall be resolved by the Labor-Management44 Committee.4546 Payment shall be made as per the following schedule:47 A. One-half (1/2) of all expenses mentioned above upon presentation of48 evidence of successful completion of individual courses.4950 B. All such expenses previously not reimbursed shall be paid in lump sum51 upon completion of two (2) years' continuous service from the day of52 receipt of such degree.53


I D. Members must obtain a New York State pistol permit on which their duty

2 weapon will be registered. 3 4 E. Members who resign or who are dismissed from the Department shall retain

5 ownership of their weapon or receive reimbursement for the cost of the

6 weapon at the option of the Chief of Police. 7 8 F. Members will maintain their weapons in compliance with standards

9 established by the City. 10 11 12 13 ARTICLE 13 14 CLOTHING BOARD 15 16 Section 1: Representation 17 The parties will establish a joint labor-management clothing board with

18 equal representation. Total membership on the board will be no less than six (6) and

19 no more than ten (10). 20 21 Section 2: Consultation and Recommendation 22 The Chief of Police will consult with the Board before making decisions

23 relative to clothing and personal equipment issued to members of the unit. The

24 Board may make recommendations to the Chief on matters relating to clothing and

25 personal equipment. 26 27 Section 3: Meetings 28 Both parties to this Agreement may request meetings of the Clothing Board

29 to discuss pertinent issues coming under the review of the Board. 30 31 32 33 ARTICLE 14 34 EDUCATIONAL BENEFITS 35 36 Section 1: Payment for Courses 37 The City agrees to pay the full cost of all tuition and books to all police officers

38 successfully completing a police-work-related course within the period of this contract

39 leading to an Associate's Degree, Baccalaureate Degree, or Master's Degree in Police

40 Science or Criminal Justice from an accredited institution. Courses required for such

41 degree programs shall be deemed to be police-work-related. Electives may be deemed

42 to be police-work-related with the prior approval of the Police Chief. If a disagreement

43 should arise over electives, the matter shall be resolved by the Labor~Management

44 Committee. 45 46 Payment shall be made as per the following schedule: 47 A. One-half (1/2) of all expenses mentioned above upon presentation of

48 evidence of successful completion of individual courses. 49 50 51 52 53

B. All such expenses previously not reimbursed shall be paid in lump sum upon completion of two (2) years' continuous service from the day of receipt of such degree.

Page 23

Section 2:A.

Educational IncentivesThe City agrees to provide an educational salary benefit of 5% of theofficer's base pay to qualified police personnel and employed recruitsstarting on the next full payroll period following their successfulcompletion of the receipt of an Associate's Degree in Police. Scienceor Criminal Justice, or 61/2% of the member's base pay upon receiptof a Bachelor's Degree or a higher degree in any subject. Thisparagraph applies only to those employees who entered the PoliceDepartment prior to April 18, 1979 and who matriculated into sucheducational programs prior to June 30, 1984.

Effective July 1, 1995 for those members who do not receive aneducational incentive pursuant to paragraph A above, the City agreesto provide an educational salary benefit of 2% of the officer's basepay to qualified police personnel and employed recruits starting onthe next full payroll period who hold or attain an Associate's Degreein Police Science or Criminal Justice, or an educational salary benefitof 4% of the officer's base pay to those officers who hold or attain aBachelor's Degree in any subject. The educational incentive stipendprovided herein shall be added to a member's base pay and paid assuch.

Payment of educational incentive will begin in the next full payrollfollowing submission by the member to the Department PersonnelOffice of sufficient evidence of receipt of the appropriate degree.Such evidence shall be a copy of the degree or a copy of the collegetranscript noting the award of the degree.

Section 3: Federal or State ProgramsIf Federal or State programs exist to pay all or a portion of the educational

costs referred to in Section 1, the City will decrease its share appropriately so that100% of the direct educational costs are paid.

Section 4: Proportional PaymentThe City will pay 50% of the direct educational costs incurred in obtaining a

Baccalaureate Degree in accordance with existing City Administrative Regulations. Ifthe individual receives Veteran's Administration payments, the City will pay 50% ofthe direct educational expenses, or the difference between the Veteran'sAdministration payments and the total cost, whichever is less.

Additionally, the City will pay 50% of the direct educational costs incurred inobtaining a Master's Degree in any subject area deemed to be work related, asdetermined by the Chief, subject to review pursuant to Article 27 of this Agreement.

Section 5: ProceduresThe following procedures shall be complied with in order to be eligible for

tuition reimbursement:1. The member shall submit to the Police Chief proof of matriculation

from the educational institution, prior to submitting applications fortuition reimbursement.

2. Employees shall submit Tuition Reimbursement Applications to thePolice Chief no later than two (2) calendar weeks after commencementof any course for which educational reimbursement is sought.

1 2 3 4 5 6 7 8 9

10

11 12 13 14

15 16 17 18 19 20 21 22 23 24 25 26 27 28


Section 2: A.

B.

C.

Educational Incentives The City agrees to provide an educational salary benefit of 5% of the officer's base pay to qualified police personnel and employed recruits starting on the next full payroll period following their successful completion of the receipt of an Associate's Degree in Police Science or Criminal Justice, or 6 1/2% of the member's base pay upon receipt of a Bachelor's Degree or a higher degree in any subject. This paragraph applies only to those employees who entered the Police Department prior to April 18, 1979 and who matriculated into such educational programs prior to June 30, 1984.

Effective July 1, 1995 for those members who do not receive an educational incentive pursuant to paragraph A above, the City agrees to provide an educational salary benefit of 2% of the officer's base pay to qualified police personnel and employed recruits starting on the next full payroll period who hold or attain an Associate's Degree in Police Science or Criminal Justice, or an educational salary benefit of 4% of the officer's base pay to those officers who hold or attain a Bachelor's Degree in any subject. The educational incentive stipend provided herein shall be added to a member's base pay and paid as such.

Payment of educational incentive will begin in the next full payroll following submission by the member to the Department Personnel Office of sufficient evidence of receipt of the appropriate degree. Such evidence shall be a copy of the degree or a copy of the college transcript noting the award of the degree.

29 Section 3: Federal or State Programs 30 If Federal or State programs exist to pay all or a portion of the educational

31 costs referred to in Section 1, the City will decrease its share appropriately so that

32 100% of the direct educational costs are paid. 33 34 Section 4: Proportional Payment 35 The City will pay 50% of the direct educational costs incurred in obtaining a

36 Baccalaureate Degree in accordance with existing City Administrative Regulations. If 37 the individual receives Veteran's Administration payments, the City will pay 50% of

38 the direct educational expenses, or the difference between the Veteran's

39 Administration payments and the total cost, whichever is less. 40 41 Additionally, the City will pay 50% of the direct educational costs incurred in

42 obtaining a Master's Degree in any subject area deemed to be work related, as

43 determined by the Chief, subject to review pursuant to Article 27 of this Agreement.

44 45 Section 5: Procedures 46 The following procedures shall be complied with in order to be eligible for

4 7 tuition reimbursement: 48 1. The member shall submit to the Police Chief proof of matriculation

49 from the educational institution, prior to submitting applications for

50 tuition reimbursement. 51 52 2. Employees shall submit Tuition Reimbursement Applications to the

53 Police Chief no later than two (2) calendar weeks after commencement

54 of any course for which educational reimbursement is sought.

55

Page 24

1 3. For courses previously approved for educational reimbursement,2 employees shall submit to the Police Chief official notification of3 course grade and receipts for allowed expenses no later than thirty (30)4 calendar days after receipt by the employee of such notification of5 grade.67 4. For degrees specified in Section 1 of this Article, employees shall8 present official notification from the educational institution of the9 awarding of such degree no later than thirty (30) calendar days after

10 receipt of the degree. Within thirty (30) days of the expiration of the11 two (2) years of service from the date of such degree, the member shall12 submit application for the remainder of expenses to be reimbursed.13141516 ARTICLE 1517 OVERTIME1819 Section 1: Overtime Computation20 A. Except as provided in Section 3, time-and-one-half overtime will be paid21 for all time worked in excess of eight and one-quarter (8 1/4) hours in22 one tour of duty and for all time worked on any regular day (R day) off.23 Any member who works any personal leave day, compensatory, or24 vacation day, when such days off have been approved at least one week25 in advance, and when such days off have not been canceled more than 7226 hours in advance, shall be paid time-and-one-half overtime for time27 worked on such days.2829 B. Effective July 1, 1995, all members of the Rochester Police Department30 shall report for duty 15 minutes prior to their scheduled shift starting31 time. Such time shall be compensated at the straight time rate in32 accordance with Section 7(k) of the Fair Labor Standards Act, and shall33 be added to a member's base pay and paid as such. Members shall either34 attend Roll Call or be present for assigned duties as directed, during the35 15 minutes immediately preceding their scheduled daily tour.3637 C. In those assignments where members do not currently stand Roll Call,38 effective July 1, 1995, they shall report to duty 15 minutes prior to the39 start of their scheduled shift starting time to receive updates, review40 reports and obtain other necessary Department communications.4142 Section 2: Call Backs to Duty43 A. Except as provided in (B) and (C) below, on all authorized call backs to44 duty, a minimum of four (4) hours of pay, at the overtime rate, shall be45 provided.4647 B. Except as provided in (C) below, for all authorized, scheduled overtime48 for administrative meetings only, when a member has been given at least49 48 hours' notice, a minimum of three (3) hours of pay, at the overtime50 rate, shall be provided.5152 C. For overtime worked when a member is held over after the end of the53 regular tour of duty or when overtime is scheduled, at least 48 hours in54 advance, contiguous to and prior to the regular tour of duty, overtime shall55 be paid for time worked.S6

1 2 3 4 5 6 7 8 9

10 11 12

13 14 15


3. For courses previously approved for educational reimbursement, employees shall submit to the Police Chief official notification of course grade and receipts for allowed expenses no later than thirty (30) calendar days after receipt by the employee of such notification of grade.

4. For degrees specified in Section 1 of this Article, employees shall present official notification from the educational institution of the awarding of such degree no later than thirty (30) calendar days after receipt of the degree. Within thirty (30) days of the expiration of the two (2) years of service from the date of such degree, the member shall submit application for the remainder of expenses to be reimbursed.

16 ARTICLE 15 17 OVERTIME 18

19 Section 1: Overtime Computation 20 A. Except as provided in Section 3, time-and-one-half overtime will be paid

21 for all time worked in excess of eight and one-quarter (8 1/4) hours in

22 one tour of duty and for all time worked on any regular day (R day) off.

23 Any member who works any personal leave day, compensatory, or

24 vacation day, when such days off have been approved at least one week

25 in advance, and when such days off have not been canceled more than 72

26 hours in advance, shall be paid time-and-one-half overtime for time

27 worked on such days. 28 29 B. Effective July 1, 1995, all members of the Rochester Police Department

30 shall report for duty 15 minutes prior to their scheduled shift starting

31 time. Such time shall be compensated at the straight time rate in

32 accordance with Section 7(k) of the Fair Labor Standards Act, and shall

33 be added to a member's base pay and paid as such. Members shall either 34 attend Roll Call or be present for assigned duties as directed, during the

35 15 minutes immediately preceding their scheduled daily tour. 36 37 C. In those assignments where members do not currently stand Roll Call,

38 effective July 1, 1995, they shall report to duty 15 minutes prior to the

39 start of their scheduled shift starting time to receive updates, review

40 reports and obtain other necessary Department communications. 41 42 Section 2: Call Backs to Duty 43 A. Except as provided in (B) and (C) below, on all authorized call backs to

44 duty, a minimum of four (4) hours of pay, at the overtime rate, shall be 45 provided. 46

47 B. Except as provided in (C) below, for all authorized, scheduled overtime

48 for administrative meetings only, when a member has been given at least

49 48 hours' notice, a minimum of three (3) hours of pay, at the overtime

50 rate, shall be provided. 51

52 C. For overtime worked when a member is held over after the end of the

53 regular tour of duty or when overtime is scheduled, at least 48 hours in

54 advance, contiguous to and prior to the regular tour of duty, overtime shall

55 be paid for time worked. 56

Page 25

1 Section 3: Court and Training Time2 A. All memberswho are required to report to City, County,Family, Supreme,3 Federal Court, Grand Jury Proceedings, Professional Standards Section4 interviews,District Attorney interviews, Corporation Counsel interviews,5 or quasi-judicial administrative agencies during off-dutyhours as a result6 of the performance of their official duties shall be compensated at time-7 and-one-halfwith a minimumof two (2) hours.8 Notwithstandingthe above, those working 3rd platoonwho are required to9 report to a PSS interview prior to their regular tour of duty shall be paid

10 overtime only for the time from the scheduled start of the interview until11 the employee's regular 3rdplatoon starting time.1213 B. All memberswho are required to report to In-ServiceTraining scheduled14. on off-duty hours shall be compensated at time-and-one-half with a15 minimumof two (2) hours.1617 C. All memberswho are required to transfer evidence during non-duty hours18 shall be paid a minimum of one and one-half (l 1/2) hours at time-and-19 one-half.2021 D. All members who are assigned to training as trainees or trainers shall22 assume the "R" day schedule of the training assignment without the23 paymentof overtime.2425 Section 4: Members' Option on Compensatory Time26 A. Members of the bargaining unit will have the option of accruing27 compensatorytime in lieu of overtimepayment,provided,however, that no28 member, except as provided in Paragraph B, will be credited with29 compensatory time in excess of 360 hours. Compensatory time will be30 earned and computed at the samerate as is overtimepay.3132 B. Effective January 1, 1996, no member who works a 5-2 schedule will be33 creditedwith compensatorytime in excess of 416 hours.3435 Section 5: Payment for Compensatory Time36 A. All members shall be allowed to receive cash payment for earned37 compensatorytime above 280 hours and up to 360 hours of accumulated38 compensatory time. Such payment shall be made at the member's base39 salary,plus educational incentive,if applicable.4041 B. Effective January 1, 1996, all members who work the 5-2 schedule shall42 be allowed to receive cash payment for earned compensatorytime above43 280 hours and up to 416 hours of accumulatedcompensatorytime. Such44 payment shall be made at the member's base salary, plus educational45 incentive, if applicable. Members who are assigned to a 5-2 work46 schedule, and who accumulated more than 360 hours of compensatory47 time, and who are subsequently changed to work a 4-2 schedule, shall48 maintain all of the accumulatedhours of compensatorytime until the next49 paymentperiod as defined in paragraphC of this sectionat which time the50 member's bank will be reduced to 280 hours and the memberwill be paid51 for all compensatorytime that was removed from the compensatorytime52 bank. During this period when the member is assigned to a 4-2 work53 schedule, and prior to October 1 of that year, the member will not be54 allowed to add compensatorytime to his bank above 360 hours unless he55 is reassigned to a 5-2work schedule.56


1 Section 3: Court and Training Time 2 A. All members who are required to report to City, County, Family, Supreme,

3 Federal Court, Grand Jury Proceedings, Professional Standards Section

4 interviews, District Attorney interviews, Corporation Counsel interviews,

5 or quasi-judicial administrative agencies during off-duty hours as a result

6 of the performance of their official duties shall be compensated at time-

7 and-one-half with a minimum of two (2) hours. 8 Notwithstanding the above, those working 3rd platoon who are required to

9 report to a PSS interview prior to their regular tour of duty shall be paid

10 overtime only for the time from the scheduled start of the interview until

11 the employee's regular 3rd platoon starting time. 12 13 B. All members who are required to report to In-Service Training scheduled

14. on off-duty hours shall be compensated at time-and-one-half with a

15 minimum of two (2) hours. 16 17 C. All members who are required to transfer evidence during non-duty hours

18 shall be paid a minimum of one and one-half (1 1/2) hours at time-and-

19 one-half. 20 21 D. All members who are assigned to training as trainees or trainers shall 22 assume the "R" day schedule of the training assignment without the

23 payment of overtime. 24 25 Section 4: Members' Option on Compensatory Time 26 A. Members of the bargaining unit will have the option of accruing

27 compensatory time in lieu of overtime payment, provided, however, that no

28 member, except as provided in Paragraph B, will be credited with

29 compensatory time in excess of 360 hours. Compensatory time will be 30 earned and computed at the same rate as is overtime pay. 31 32 B. Effective January 1, 1996, no member who works a 5-2 schedule will be

33 credited with compensatory time in excess of 416 hours. 34 35 Section 5: Payment for Compensatory Time 36 A. All members shall be allowed to receive cash payment for earned

37 compensatory time above 280 hours and up to 360 hours of accumulated

38 compensatory time. Such payment shall be made at the member's base 39 salary, plus educational incentive, if applicable. 40 41 B. Effective January 1, 1996, all members who work the 5-2 schedule shall 42 be allowed to receive cash payment for earned compensatory time above

43 280 hours and up to 416 hours of accumulated compensatory time. Such

44 payment shall be made at the member's base salary, plus educational

45 incentive, if applicable. Members who are assigned to a 5-2 work

46 schedule, and who accumulated more than 360 hours of compensatory

47 time, and who are subsequently changed to work a 4-2 schedule, shall

48 maintain all of the accumulated hours of compensatory time until the next

49 payment period as defined in paragraph C of this section at which time the

50 member's bank will be reduced to 280 hours and the member will be paid 51 for all compensatory time that was removed from the compensatory time

52 bank. During this period when the member is assigned to a 4-2 work

53 schedule, and prior to October 1 of that year, the member will not be

54 allowed to add compensatory time to his bank above 360 hours unless he

55 is reassigned to a 5-2 work schedule. 56

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1 C. Payments for compensatory time shall be paid only on or before October2 I each year, provided that the member has requested such payment on or3 before September 1 of that year. Payment will be based on compensatory4 time earned through the last full pay period in August of that year.56 Section 6: Special Events Overtime7 The procedures for the selection and payment of overtime for Special8 Events will be covered by General Order #265.9

10 Section 7: Trading Time11 Members shall be allowed to "trade time" with another member of the same12 rank, in the same section and same assignment, under the following conditions:13 1. The trading of time must be completely voluntary between the members,14 free from reprisals or sanctions by supervision.15 2. The reason for the trading of time must be attributed to the member's desire16 or need to attend to personal matters.17 3. Requests for trading time shall be in writing, on a form designed by the18 Department, which is signed by both members involved in the trade, and19 submitted to both members' supervisors for approval and signature.20 Requests shall be promptly acted upon by the supervisor. A copy of the21 supervisor's response will be forwarded to the Union and to the Office of22 the Chief.23 4..All traded time must be "repaid" before the end of the following payroll24 period.25 5. The member who does not report as agreed shall be held responsible for26 his/her absence.27 6. Trade time worked for others is not counted as time worked for the purpose28 of computing payor overtime.29 7. Approval may be denied at the discretion of the Department if the trading30 time or any consequent activities negatively impact the operations of the31 Section or Department. Approval of any such request shall not be withheld32 on an unreasonable or arbitrary basis.33 8. Any changing of a member's "R" day(s) as a result of trading time pursuant34 to this Section shall not result in the payment of overtime under Article 1535 to either involved member.3637 Section 8: , Compensatory Time Procedures38 A. The use of all compensatory time off, except as provided in paragraph E39 herein, shall be preceded by a member's written request submitted to the40 member's supervisor. Requests shall be submitted a minimum of seven (7)41 days in advance. The supervisor must respond in writing within forty-eight42 (48) hours of receipt of the request. The supervisor shall approve the43 request unless approval would unreasonably interfere with the ability to44 provide police services. Payment of overtime shall not be the sole factor for45 denial of the initial request for compensatory time but may be a factor for46 denial of subsequent requests within the same platoon or section. If the47 request is not granted, then the supervisor shall articulate the reason(s) for48 the denial.49 B. Requests shall be considered according to the order in which they were50 received, considering the earliest request first.51 C. In the event that two or more members submit a request on the same day,52 for the same period, then the member who is more senior shall have his53 request considered first.54 D. Upon approval or denial, the Union and the Office of the Chief shall be sent55 a copy of the request form.


1 C. Payments for compensatory time shall be paid only on or before October 2 1 each year, provided that the member has requested such payment on or 3 before September 1 of that year. Payment will be based on compensatory 4 time earned through the last full pay period in August of that year. 5 6 Section 6: Special Events Overtime 7 The procedures for the selection and payment of overtime for Special 8 Events will be covered by General Order #265. 9

10 Section 7: Trading Time 11 Members shall be allowed to "trade time" with another member of the same 12 rank, in the same section and same assignment, under the following conditions: 13 1. The trading of time must be completely voluntary between the members, 14 free from reprisals or sanctions by supervision. 15 2. The reason for the trading of time must be attributed to the member's desire 16 or need to attend to personal matters. 17 3. Requests for trading time shall be in writing, on a form designed by the 18 Department, which is signed by both members involved in the trade, and 19 submitted to both members' supervisors for approval and signature. 20 Requests shall be promptly acted upon by the supervisor. A copy of the 21 supervisor's response will be forwarded to the Union and to the Office of 22 the Chief. 23 4. .All traded time must be "repaid" before the end of the following payroll 24 period. 25 5. The member who does not report as agreed shall be held responsible for 26 his/her absence. 27 6. Trade time worked for others is not counted as time worked for the purpose 28 of computing pay or overtime. 29 7. Approval may be denied at the discretion of the Department if the trading 30 time or any consequent activities negatively impact the operations of the 31 Section or Department. Approval of any such request shall not be withheld 32 on an unreasonable or arbitrary basis. 33 8. Any changing of a member's "R" day(s) as a result of trading time pursuant 34 to this Section shall not result in the payment of overtime under Article 15 35 to either involved member. 36 37 Section 8: , Compensatory Time Procedures 38 A. The use of all compensatory time off, except as provided in paragraph E 39 herein, shall be preceded by a member's written request submitted to the 40 member's supervisor. Requests shall be submitted a minimum of seven (7) 41 days in advance. The supervisor must respond in writing within forty-eight 42 ( 48) hours of receipt of the request. The supervisor shall approve the 43 request unless approval would unreasonably interfere with the ability to 44 provide police services. Payment of overtime shall not be the sole factor for 45 denial of the initial request for compensatory time but may be a factor for 46 denial of subsequent requests within the same platoon or section. If the 47 request is not granted, then the supervisor shall articulate the reason(s) for 48 the denial. 49 B. Requests shall be considered according to the order in which they were 50 received, considering the earliest request first. 51 C. In the event that two or more members submit a request on the same day, 52 for the same period, then the member who is more senior shall have his 53 request considered first. 54 D. Upon approval or denial, the Union and the Office of the Chief shall be sent 55 a copy of the request form.

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1 E. Requests for use of compensatory time made with less than seven (7) days2 advance notice are not covered by this Section and shall continue to be3 addressed in accordance with current Department practice.45 Section 9: Distribution of Overtime6 Notwithstanding the provisions of General Order 265 pertaining to Special7 Events, the parties agree that distribution of scheduled overtime within various8 sections or units shall not be arbitrary or capricious. Members shall not be deprived9 of scheduled overtime for disciplinary or punitive reasons or because of exercising

10 their option of working for compensatory time or cash.1112 If distribution of overtime is grieved and appealed to arbitration, the13 Contract Arbitrator shall make his decision based upon fairness to the employees,14 the practical application of the scheduled overtime, seniority, and the ability and15 need of the Department to fulfill its mission.16171819 ARTICLE 1620 LEAVE DUE TO DEATH IN FAMILY2122 Section 1: Immediate Family23 Members shall be granted leave with pay for the death of a wife, husband,24 child, father or mother (whether natural, adopted or by legal guardianship), brother25 or sister, father-in-law or mother-in-law, grandmother, grandfather, grandchild, or26 any relative residing in the household. Said leave shall be from the time it is granted27 until the day after the funeral when the member shall report for duty, except that any28 officer working the first platoon will report to duty at their regular scheduled time29 the night of the day following the funeral.3031 Section 2: Other Relatives32 Members may be granted up to one (1) day for the purpose of attending the33 funeral of a brother-in-law or sister-in-law or a blood relative not included in34 Section 1.3536 Section 3: Regular Days Off37 If regular days off fall within the permitted leave time for a death in the38 family or if the police officer involved is on furlough at the time of the death in39 the family, no additional days off will be granted due to the death.4041 Section 4: Official Notice42 Official notice of death shall be furnished to the employer by the43 employee, upon request.44454647 ARTICLE 1748 CALCULATION OF ECONOMIC BENEFITS4950 Section 1: Calculation Rate51 The hourly rate of pay shall be determined by dividing the annual rate of52 pay (including educational incentive, if applicable, and roll call pay), by 2007.5354 The biweekly rate of pay shall be determined by dividing the annual rate55 of pay (including educational incentive, if applicable, and roll call pay), by 26.56


1 E. Requests for use of compensatory time made with less than seven (7) days

2 advance notice are not covered by this Section and shall continue to be

3 addressed in accordance with current Department practice.

4 5 Section 9: Distribution of Overtime 6 Notwithstanding the provisions of General Order 265 pertaining to Special

7 Events, the parties agree that distribution of scheduled overtime within various

8 sections or units shall not be arbitrary or capricious. Members shall not be deprived

9 of scheduled overtime for disciplinary or punitive reasons or because of exercising

10 their option of working for compensatory time or cash. 11 12 If distribution of overtime is grieved and appealed to arbitration, the

13 Contract Arbitrator shall make his decision based upon fairness to the employees,

14 the practical application of the scheduled overtime, seniority, and the ability and

15 need of the Department to fulfill its mission. 16 17 18 19 ARTICLE 16 20 LEA VE DUE TO DEATH IN FAMILY 21 22 Section 1: Immediate Family 23 Members shall be granted leave with pay for the death of a wife, husband,

24 child, father or mother (whether natural, adopted or by legal guardianship), brother

25 or sister, father-in-law or mother-in-law, grandmother, grandfather, grandchild, or

26 any relative residing in the household. Said leave shall be from the time it is granted

27 until the day after the funeral when the member shall report for duty, except that any

28 officer working the first platoon will report to duty at their regular scheduled time

29 the night of the day following the funeral. 30 31 Section 2: Other Relatives 32 Members may be granted up to one (1) day for the purpose of attending the

33 funeral of a brother-in-law or sister-in-law or a blood relative not included in

34 Section 1. 35 36 Section 3: Regular Days Off 37 If regular days off fall within the permitted leave time for a death in the

38 family or if the police officer involved is on furlough at the time of the death in

39 the family, no additional days off will be granted due to the death.

40 41 Section 4: Official Notice 42 Official notice of death shall be furnished to the employer by the

43 employee, upon request. 44 45 46

47 ARTICLE 17 48 CALCULATION OF ECONOMIC BENEFITS 49 50 Section 1: Calculation Rate 51 The hourly rate of pay shall be determined by dividing the annual rate of

52 pay (including educational incentive, if applicable, and roll call pay), by 2007.

53

54 The biweekly rate of pay shall be determined by dividing the annual rate

55 of pay (including educational incentive, if applicable, and roll call pay), by 26.

56

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1 Section 2: Severance Pay2 A. In the event that a member of the Unit retires, dies or otherwise3 terminates service with the City of Rochester, Severance Pay shall be4 paid for all unused vacation time, not to exceed forty (40) days, and all5 accrued overtime (compensatory time), not to exceed fifty-one (51)6 days.78 B. Payment shall be made upon retirement, death or other termination of9 services for all accrued holiday time.

10111213 ARTICLE 1814 WORK SCHEDULE1516 Section 1: Work Week17 A. Except as provided in subdivision B, effective with work cycles18 beginning on and after 1/1/96, all members working assignments on a19 5-2,4-2,4-2 work wheel will work a 4-2 non-rotating schedule. Until20 work cycles ending on and after 1/1/96, members will continue to21 work a 5-2, 4 2, 4-2 work wheel.2223 B. Notwithstanding any provision of this section, members working24 assignments on a 5-2 work schedule will continue to work a 5-2 work25 schedule.2627 C. Members may be assigned to a work schedule that consists of five (5)28 days of duty followed by two (2) consecutive days off provided that29 the consecutive days off are either Friday-Saturday, Saturday-Sunday,30 or Sunday-Monday. All shifts shall be on a non-rotating basis,31 commonly referred to as a 5-2 schedule.3233 D. Effective 1/1/96, all members working a 5-2 schedule shall receive34 136 hours per year, pro rata, in compensatory time, added to35 compensatory time banks quarterly, for working the 5-2 schedule.3637 E. Effective 7/1/95, all members shall work an 8.25 hour tour which includes38 a 15-minute pre-shift Roll Call or other duties as assigned for officers not39 assigned to patrol.4041 F. Any vacant non-patrol position or assignment may be changed from a 5-242 or 4-2 schedule and may be changed to any existing platoon upon the43 posting of the vacant non-patrol position or assignment.4445 Section 2: Split Shifts46 A. Except in serious or emergency situations, as declared by the Chief of47 Police or his authorized representative, there shall be no split shifts.48 However, split shifts can be volunteered to by members and/or mutually49 agreed to between members and their commanding officer.5051 B. It is understood and agreed upon between the parties that Section 2 (A)52 above shall not apply to the police officers assigned to the Special53 Criminal Investigation Section. Split shifts shall not be used mainly forS4 the avoidance of the payment of overtime.55


1 Section 2: Severance Pay 2 A. In the event that a member of the Unit retires, dies or otherwise 3 terminates service with the City of Rochester, Severance Pay shall be 4 paid for all unused vacation time, not to exceed forty (40) days, and all 5 accrued overtime (compensatory time), not to exceed fifty-one (51) 6 days. 7 8 B. Payment shall be made upon retirement, death or other termination of 9 services for all accrued holiday time.

10 11 12 13 ARTICLE 18 14 WORK SCHEDULE 15 16 Section 1: Work Week 17 A. Except as provided in subdivision B, effective with work cycles 18 beginning on and after 1/1/96, all members working assignments on a 19 5-2, 4-2, 4-2 work wheel will work a 4-2 non-rotating schedule. Until 20 work cycles ending on and after 1/1/96, members will continue to 21 work a 5-2, 4 2, 4-2 work wheel. 22 23 B. Notwithstanding any provision of this section, members working 24 assignments on a 5-2 work schedule will continue to work a 5-2 work 25 schedule. 26 27 C. Members may be assigned to a work schedule that consists of five (5) 28 days of duty followed by two (2) consecutive days off provided that 29 the consecutive days off are either Friday-Saturday, Saturday-Sunday, 30 or Sunday-Monday. All shifts shall be on a non-rotating basis, 31 commonly referred to as a 5-2 schedule. 32 33 D. Effective 1/1/96, all members working a 5-2 schedule shall receive 34 136 hours per year, pro rata, in compensatory time, added to 35 compensatory time banks quarterly, for working the 5-2 schedule. 36 37 E. Effective 7/1/95, all members shall work an 8.25 hour tour which includes 38 a 15-minute pre-shift Roll Call or other duties as assigned for officers not 39 assigned to patrol. 40 41 F. Any vacant non-patrol position or assignment may be changed from a 5-2 42 or 4-2 schedule and may be changed to any existing platoon upon the 43 posting of the vacant non-patrol position or assignment. 44 45 46 47 48 49 50

Section 2: A.

Split Shifts Except in serious or emergency situations, as declared by the Chief of Police or his authorized representative, there shall be no split shifts. However, split shifts can be volunteered to by members and/or mutually agreed to between members and their commanding officer.

51 B. It is understood and agreed upon between the parties that Section 2 (A) 52 above shall not apply to the police officers assigned to the Special 53 Criminal Investigation Section. Split shifts shall not be used mainly for 54 the avoidance of the payment of overtime. 55

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1 Section 3: Work Hours2 A. All employees shall be scheduled to work a regular tour of duty which3 shall have a regular starting time and regular quitting time. Except as4 otherwise provided in this Section, all hours worked outside the regular5 tour of duty shall be compensated for pursuant to Article 15 of this6 Agreement.78 B. The Employer may change the regular starting and quitting time of a9 position due to deploymentneeds, as follows:

10 . 1. The change in starting and quitting times does not exceed two11 (2) hours.12 2. The change shall be effective for a period not to exceed eight (8)13 consecutiveworkdays.14 3. Written notice is provided to affected employees and the Union15 at least forty-eight(48) hours in advance.1617 C. The Tactical Unit, the Special Criminal Investigation Section, and all18 fourth platoons shall be exempt from A and B above, with reasonable19 advance notice, when there is a demonstrated need to re-deploy20 manpower. However, the movement of 4th platoon staff to cover for21 routine and normal absences, such as illness, vacationsmaternity leaves or22 other approved leaves of absences of officers on other platoons, is not a23 demonstratedneed to re-deploymanpower.2425 D. Captains and Section or Unit Commanders may have their starting and26 quitting times changed upon reasonable advance notice, or at their.27 individual request, subject to supervisoryapproval,without incurring any28 overtimecompensationunless they work more than 41.25 hours in a work29 week.3031 E. Temporary assignments to the Professional Development Section shall be32 exempt from the provisions of subdivision B above, except that written33 notice to the affected employee and the Union shall be given forty-eight34 (48) hours in advance.3536 F. An employee may request in writing, for good cause, to temporarily37 change his/her regular starting and quitting time with the approval of the38 Chief or his designee, and with the consent of the Union President. Such39 consent shall not be unreasonablywithheld and/or delayed.4041 G. The provisionsof Article 15do not applywhen the City acts in accordance42 with subdivisions B, C, D, E and F above, Article 19 and Article 20,43 Section2(B), of this Agreement.4445 H. Sergeants and Lieutenants newly assigned to a Patrol Section may, at the46 discretion of the CommandingOfficer, rotate through any and all platoons47 for four (4) consecutivework days on each platoon, during the first thirty48 (30) days of the new assignment. All newly assigned Sergeants and49 Lieutenants shall be advised of such rotation schedule upon arrival at the50 new assignment. Such rotation schedule shall not be utilized to avoid the51 paymentof overtime.5253 1. School Resource Officers (SRO's) shall work the hours which conform to54 the daily school scheduleto which they are assigned.55


1 Section 3: Work Hours 2 A. All employees shall be scheduled to work a regular tour of duty which 3 shall have a regular starting time and regular quitting time. Except as 4 otherwise provided in this Section, all hours worked outside the regular 5 tour of duty shall be compensated for pursuant to Article 15 of this 6 Agreement. 7 8 B. The Employer may change the regular starting and quitting time of a 9 position due to deployment needs, as follows:

10 . 1. The change in starting and quitting times does not exceed two 11 (2) hours. 12 2. The change shall be effective for a period not to exceed eight (8) 13 consecutive workdays. 14 3. Written notice is provided to affected employees and the Union 15 at least forty-eight (48) hours in advance. 16 17 C. The Tactical Unit, the Special Criminal Investigation Section, and all 18 fourth platoons shall be exempt from A and B above, with reasonable 19 advance notice, when there is a demonstrated need to re-deploy 20 manpower. However, the movement of 4th platoon staff to cover for 21 routine and normal absences, such as illness, vacations maternity leaves or 22 other approved leaves of absences of officers on other platoons, is not a 23 demonstrated need to re-deploy manpower. 24 25 D. Captains and Section or Unit Commanders may have their starting and 26 quitting times changed upon reasonable advance notice, or at their .27 individual request, subject to supervisory approval, without incurring any 28 overtime compensation unless they work more than 41.25 hours in a work 29 week. 30 31 E. Temporary assignments to the Professional Development Section shall be 32 exempt from the provisions of subdivision B above, except that written 33 notice to the affected employee and the Union shall be given forty-eight 34 ( 48) hours in advance. 35 36 F. An employee may request in writing, for good cause, to temporarily 37 change his/her regular starting and quitting time with the approval of the 38 Chief or his designee, and with the consent of the Union President. Such 39 consent shall not be unreasonably withheld and/or delayed. 40 41 G. The provisions of Article 15 do not apply when the City acts in accordance 42 with subdivisions B, C, D, E and F above, Article 19 and Article 20, 43 Section 2(B), of this Agreement. 44 45 H. Sergeants and Lieutenants newly assigned to a Patrol Section may, at the 46 discretion of the Commanding Officer, rotate through any and all platoons 47 for four (4) consecutive work days on each platoon, during the first thirty 48 (30) days of the new assignment. All newly assigned Sergeants and 49 Lieutenants shall be advised of such rotation schedule upon arrival at the 50 new assignment. Such rotation schedule shall not be utilized to avoid the 51 payment of overtime. 52 53 I. School Resource Officers (SRO's) shall work the hours which conform to 54 the daily school schedule to which they are assigned. 55

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1 Section 4: Relief Schedule2 A. The City may, at its option, assign one unit member to the Relief schedule3 in the followingsections:4 1. Staff Duty5 2. Headquarters6 3. Downtown78 B. The relief schedule shall consist of a 4-2, 4-2, 4-3 schedule, where the9 member works two (2) tours on the 3rd platoon, immediately followedby

10 two (2) tours on the 1stplatoon.1112 C. The relief schedule shall be an exceptionto Section3(A) of this article and13 no premiumpay for changingshifts shall apply.1415 D. All members assigned to the relief schedule shall be paid the appropriate16 shift adjustmentaccordingto Article 3, Section6.1718 Section 5: 5th Platoon19 A. Effective 7/1/2000, the Departmentmay create and institute a 5th platoon20 schedule in each of the Patrol Sections to respond to calls for service and21 to performpatrol functions.2223 B. The startinghours of such5th platoon shall commenceno earlier than 8:0024 a.m. and shall consist of the standard8.25hour workdayon the 4 on, 2 off25 schedule.2627 C. The initial starting time of the 5th platoon in each Patrol Section may be28 initially determinedunilaterallyby the City, subject to the 8:00 a.m. start29 time limitation. The work scheduleand the workhours of the 5th platoon30 in each Patrol Section shall be subject to the provisions contained in31 Article 18of this Agreement.32333435 ARTICLE 1936 TRANSFERS3738 Section 1: Definitions39 A. Transfers40 1. A transfer shall be defined as the change of assignment from one41 section to another section, or from one division to another42 division. Changes of assignment made within the Criminal43 Investigation Division or the Special Criminal Investigation44 Sectionwill not be consideredtransfers.45 2. A permanent change in platoon assignmentshall be considered a46 transferwhen it exceeds60 days in duration.4748 B. A temporaryassignmentshallnot be formore than 60 days in durationat49 which time it shall become a change of assignment subject to this50 Article. However,temporarytransfersmaybe made to PDS for the sole51 purpose of conductingbackgrounds, for a period of up to six months.52 The positions shall be posted to determine interest; the employer shall53 make selectionsat its discretion;the employeesshall be returned to their54 original position upon completionof the temporaryassignment,or if the55 member is selected for another position pursuant to the provisions56 containedbelow."


1 Section 4: Relief Schedule 2 A. The City may, at its option, assign one unit member to the Relief schedule 3 in the following sections: 4 1. Staff Duty 5 2. Headquarters 6 3. Downtown 7 8 B. The relief schedule shall consist of a 4-2, 4-2, 4-3 schedule, where the 9 member works two (2) tours on the 3rd platoon, immediately followed by

10 two (2) tours on the 1st platoon. 11 12 C. The relief schedule shall be an exception to Section 3(A) of this article and 13 no premium pay for changing shifts shall apply. 14 15 D. All members assigned to the relief schedule shall be paid the appropriate 16 shift adjustment according to Article 3, Section 6. 17 18 Section 5: 5th Platoon 19 A. Effective 7/1/2000, the Department may create and institute a 5th platoon 20 schedule in each of the Patrol Sections to respond to calls for service and 21 to perform patrol functions. 22 23 B. The starting hours of such 5th platoon shall commence no earlier than 8:00 24 a.m. and shall consist of the standard 8.25 hour workday on the 4 on, 2 off 25 schedule. 26 27 C. The initial starting time of the 5th platoon in each Patrol Section may be 28 initially determined unilaterally by the City, subject to the 8:00 a.m. start 29 time limitation. The work schedule and the work hours of the 5th platoon 30 in each Patrol Section shall be subject to the provisions contained in 31 Article 18 of this Agreement. 32 33 34 35 ARTICLE 19 36 TRANSFERS 37

38 Section 1: Definitions 39 A. Transfers 40 1. A transfer shall be defined as the change of assignment from one 41 section to another section, or from one division to another 42 division. Changes of assignment made within the Criminal 43 Investigation Division or the Special Criminal Investigation 44 Section will not be considered transfers. 45 2. A permanent change in platoon assignment shall be considered a 46 transfer when it exceeds 60 days in duration. 47 48 B. A temporary assignment shall not be for more than 60 days in duration at 49 which time it shall become a change of assignment subject to this 50 Article. However, temporary transfers may be made to PDS for the sole 51 purpose of conducting backgrounds, for a period of up to six months. 52 The positions shall be posted to determine interest; the employer shall 53 make selections at its discretion; the employees shall be returned to their 54 original position upon completion of the temporary assignment, or if the 55 member is selected for another position pursuant to the provisions 56 contained below."

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1 C. Temporary transfers to limited duty assignments due to disabilities may2 be extended for the duration of the disability. Such reassignments shall3 not result in eligibility for overtime payment in accordance with Article4 18, Section 3 (A) of this Agreement.56 Section 2: Involuntary Transfers7 A. The Chief of Police, or his designee, shall maintain the right to transfer8 employees when necessary to meet legitimate operating needs of the9 Department. Transfers shall not be made for punitive reasons except

10 when done as a result of discipline in accordance with Article 20,11 Section 2(B) of this Agreement.1213 B. An employee subject to a transfer under paragraph A above, upon written14 request given to the Section Commander within five (5) days of the15 notice of transfer, shall receive within five (5) days of such request a16 written statement as to the specific reason for such transfer. This17 statement shall be binding on the City.1819 C. All transfers made under this Section shall be subject to grievance and20 arbitration pursuant to Article 27 of this Agreement, and any grievance21 alleging a transfer made in violation of this Section may be filed directly22 at Step C ofthe grievance procedure within five (5) days of receipt of the23 written statement provided pursuant to paragraph (B) above, and if not24 resolved and appealed to arbitration, may be the subject of expedited25 arbitration before the contract Arbitrator, upon demand by either party.2627 D. In any arbitration proceeding alleging a transfer made in violation of this28 Section, the City shall go forward and show legitimate operating needs29 for the transfer.3031 E. The Chief shall have the right to transfer any Captain for programmatic32 reasons. Such transfer shall not result in the obligation to pay overtime33 for changes in work hours or schedules that occur as a result of the34 transfer. Such transfer shall be grievable only by the Captain individually35 and shall be heard by the Contract Arbitrator within 60 days of the date36 the grievance is filed.3738 Section 3: Posting of New Positions and Vacancies39 A. Unless a transfer is made for a specifically identified operating need under40 Section 2, paragraph A above, or as provided in paragraph F below,41 whenever the City desires to permanently fill a new position or vacancy42 within the bargaining unit, notice will be made by teletype and/or Daily43 Bulletin, and posted to inform members for a period of ten (10) calendar44 days.4546 B. All announcements of new positions or vacancies will specify the47 qualifications and criteria established for the position or vacancy by the48 Chief of Police or his designee.4950 C. Members may apply for consideration for a new position or vacancy51 posted under this Section. Requests will be considered department-wide.5253 D. No new position or vacancy may be filled during the ten (10) day posting54 period except on an acting basis when necessary as a result of emergency55 or to replace a transferred or promoted member. Members who submit56 requests after the ten (10) day posting period will not be considered.

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1 C. Temporary transfers to limited duty assignments due to disabilities may 2 be extended for the duration of the disability. Such reassignments shall 3 not result in eligibility for overtime payment in accordance with Article 4 18, Section 3 (A) of this Agreement. 5 6 Section 2: Involuntary Transfers 7 A. The Chief of Police, or his designee, shall maintain the right to transfer 8 employees when necessary to meet legitimate operating needs of the 9 Department. Transfers shall not be made for punitive reasons except

10 when done as a result of discipline in accordance with Article 20, 11 Section 2(B) of this Agreement. 12 13 B. An employee subject to a transfer under paragraph A above, upon written 14 request given to the Section Commander within five (5) days of the 15 notice of transfer, shall receive within five (5) days of such request a 16 written statement as to the specific reason for such transfer. This 17 statement shall be binding on the City. 18 19 C. All transfers made under this Section shall be subject to grievance and 20 arbitration pursuant to Article 27 of this Agreement, and any grievance 21 alleging a transfer made in violation of this Section may be filed directly 22 at Step C of the grievance procedure within five (5) days ofreceipt of the 23 written statement provided pursuant to paragraph (B) above, and if not 24 resolved and appealed to arbitration, may be the subject of expedited 25 arbitration before the contract Arbitrator, upon demand by either party. 26 27 D. In any arbitration proceeding alleging a transfer made in violation of this 28 Section, the City shall go forward and show legitimate operating needs 29 for the transfer. 30 31 E. The Chief shall have the right to transfer any Captain for programmatic 32 reasons. Such transfer shall not result in the obligation to pay overtime 33 for changes in work hours or schedules that occur as a result of the 34 transfer. Such transfer shall be grievable only by the Captain individually 35 and shall be heard by the Contract Arbitrator within 60 days of the date 36 the grievance is filed. 37 38 39 40 41 42 43 44 45

Section 3: A.

Posting of New Positions and Vacancies Unless a transfer is made for a specifically identified operating need under Section 2, paragraph A above, or as provided in paragraph F below, whenever the City desires to permanently fill a new position or vacancy within the bargaining unit, notice will be made by teletype and/or Daily Bulletin, and posted to inform members for a period of ten (10) calendar days.

46 B. All announcements of new positions or vacancies will specify the 47 qualifications and criteria established for the position or vacancy by the 48 Chief of Police or his designee. 49 50 C. Members may apply for consideration for a new position or vacancy 51 posted under this Section. Requests will be considered department-wide. 52 53 D. No new position or vacancy may be filled during the ten (10) day posting 54 period except on an acting basis when necessary as a result of emergency 55 or to replace a transferred or promoted member. Members who submit 56 requests after the ten (10) day posting period will not be considered.

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1 E. New positions or vacancies shall be filled as provided in Section4 of this2 Article. Nothing in this Section shall be construed as requiring the filling3 of new positions or vacancies.45 F. New positions or vacancies which exist in the positions specified as6 exceptions in Article 2, Section 1, are not subject to this Section. No unit7 member may be involuntarily transferred to any position specified as an8 exception in Article 2, Section 1.9

10 Section 4: Selection to New Positions or Vacancies11 A. The establishment of qualifications and criteria for new positions or12 vacancies shall be solely the responsibility of the Chief of Police or his13 designee.1415 B. Unless the new position or vacancy is filled by a transfer made pursuant16 to Section 2 of this Article, or pursuant to Section 3(F) of this Article,17 new positions or vacancies posted pursuant to Section 3 of this Article18 shall be filled by a member who has applied for such new position or19 vacancy, and who meets the qualifications and criteria established for20 such new position or vacancy. In determiningwho shall be selected for a21 new position or vacancy, the Chief of Police, or his designee shall select22 the most senior candidate, if all other factors relative to the candidate's23 ability to perform the duties of the position are equal. It is the24 responsibilityof the candidateseekingthe position to demonstratethat he25 possesses the qualificationsfor the position or vacancy.2627 C. Any candidate not selected shall be entitled to a written statement as to28 the reasons for non-selection, upon written request to the command29 responsible for the final selection.3031 D. Selections made under this Section shall be subject to the grievance and32 arbitration procedure contained in Article 27 of this Agreement, upon a33 grievance filed by a candidate who was not selected in favor of a less34 senior candidate. In any arbitration proceeding alleging a violation of35 this Section, the burden of proof shall be upon the City to establish that36 all other factorswerenot equal when selectingthe less senior candidate.3738 Section 5: Maintenance of Seniority39 When a member is reassigned or transferred pursuant to this Article, there40 shall be no loss of seniority.41424344 ARTICLE 2045 DISCIPLINE4647 Section 1: Department Investigation and Bill of Rights48 Whenever a Unit member is being investigated by the Professional49 Standards Section (PSS) or by any other Section performing similar functions, the50 followingshall apply:51 1. The interview of any member of the bargaining unit shall be at a52 reasonable hour, preferably when the member officer is on duty, and53 during the daylight hours, unless the exigency of the investigation54 dictates otherwise.55 2. The interview shall be conducted at a location designated by the56 investigatingofficer,preferablyat PoliceHeadquarters.

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1 E. New positions or vacancies shall be filled as provided in Section 4 of this 2 Article. Nothing in this Section shall be construed as requiring the filling 3 of new positions or vacancies. 4 5 F. New positions or vacancies which exist in the positions specified as 6 exceptions in Article 2, Section 1, are not subject to this Section. No unit 7 member may be involuntarily transferred to any position specified as an 8 exception in Article 2, Section 1. 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Section 4: A.

B.

C.

Selection to New Positions or Vacancies The establishment of qualifications and criteria for new positions or vacancies shall be solely the responsibility of the Chief of Police or his designee.

Unless the new position or vacancy is filled by a transfer made pursuant to Section 2 of this Article, or pursuant to Section 3(F) of this Article, new positions or vacancies posted pursuant to Section 3 of this Article shall be filled by a member who has applied for such new position or vacancy, and who meets the qualifications and criteria established for such new position or vacancy. In determining who shall be selected for a new position or vacancy, the Chief of Police, or his designee shall select the most senior candidate, if all other factors relative to the candidate's ability to perform the duties of the position are equal. It is the responsibility of the candidate seeking the position to demonstrate that he possesses the qualifications for the position or vacancy.

Any candidate not selected shall be entitled to a written statement as to the reasons for non-selection, upon written request to the command responsible for the final selection.

31 D. Selections made under this Section shall be subject to the grievance and 32 arbitration procedure contained in Article 27 of this Agreement, upon a 33 grievance filed by a candidate who was not selected in favor of a less 34 senior candidate. In any arbitration proceeding alleging a violation of 35 this Section, the burden of proof shall be upon the City to establish that 36 all other factors were not equal when selecting the less senior candidate. 37 38 Section 5: Maintenance of Seniority 39 When a member is reassigned or transferred pursuant to this Article, there 40 shall be no loss of seniority. 41 42 43 44 45 46

ARTICLE20 DISCIPLINE

4 7 Section 1: Department Investigation and Bill of Rights 48 Whenever a Unit member is being investigated by the Professional 49 Standards Section (PSS) or by any other Section performing similar functions, the 50 following shall apply: 51 1. The interview of any member of the bargaining unit shall be at a 52 reasonable hour, preferably when the member officer is on duty, and 53 during the daylight hours, unless the exigency of the investigation 54 dictates otherwise. 55 2. The interview shall be conducted at a location designated by the 56 investigating officer, preferably at Police Headquarters.

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1 3. The member of the bargaining unit shall be informedof the rank, name2 and commandof the officer in charge of the investigationas well as the3 name and rank of the officer conducting the interview, and the identity4 of all persons present during the interview.5 4. A memberof the bargainingunit shall have made available to him at his6 request all reports which he has submittedregarding said investigation.7 5. The member of the bargaining unit shall be informed of the nature of8 the investigation before any interview commences. Sufficient9 information to reasonably apprise the member of the allegations made

10 againsthim shall be providedprior to any interview.11 6. A member of the bargaining unit shall have the right to have present, as12 a representative, at the member's own interview an attorney of his13 choice, or a representative designated by the Club, except that the14 member may not be represented by any other unit member who is15 identified as a target or witness of the investigation at the time the16 member is interviewed by members of the Professional Standards17 Section, or may waive such right to representation. The designation of18 a particular representative shall not unduly delay the process. This19 representation shall extend to allowingthe attorneyor the representative20 to pose questions to the memberof the bargainingunit at the conclusion21 of the questioning being done by the Police Department, or if the22 member is unrepresented, he shall have the right to make a statement.23 The attorney or Club representative shall not interfere with or impede24 the investigation. It is further agreed that the City of Rochester and the25 RochesterPolice Departmentwill attemptto resolve disciplinaryactions26 only with the attorney selectedby the memberof the bargaining unit, or27 a representative of the Club where the member has elected such28 representation. It is the express intent of the parties to restrict29 representation of the members of the bargaining unit to representatives30 of the Club in those instanceswhen the memberof such bargainingunit31 is not representedby counselor is not representinghimself.32 7. A member of the bargaining unit subject to such investigation by the33 Police Department shall have the right upon request to a copy of any34 statement he shall make to the Police Department, free of charge, within35 30 days of its production, provided such statement is reduced to writing36 and may have a copy released directly to an authorized Union37 representativeupon signedrelease of the member.38 8. The City of Rochester .agreesthat it will not interrogatebargaining unit39 members in Professional Standards Section interviews regarding40 conversations between the members and their Union representatives41 which occur as a result of the Union's statutory duty to represent its42 members.43 9. A member of the bargainingunit shall have the right to electronically or44 otherwise record any and all statements he gives to the Police45 Departmentduring such investigation.46 10. A member of the bargaining unit subject to such investigation by the47 Police Department shall not be subject to any offensive language nor,48 except as otherwiseprovidedherein, shall he be threatenedwith transfer,49 dismissal, or any other disciplinarypunishment. No promise or reward50 shall be made as an inducementto answeringquestions. Nothing herein51 contained shall be construed as to prohibit the Police Department from52 instructing the memberthat his failureor refusal to answer any questions53 can become the subject of disciplinary action itself, resulting in54 disciplinarypunishment.55 11. In no event shall a memberof the bargainingunit be ordered or requested56 to submit to a lie detectoror polygraphtest.

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1 3. The member of the bargaining unit shall be informed of the rank, name 2 and command of the officer in charge of the investigation as well as the 3 name and rank of the officer conducting the interview, and the identity 4 of all persons present during the interview. 5 4. A member of the bargaining unit shall have made available to him at his 6 request all reports which he has submitted regarding said investigation. 7 5. The member of the bargaining unit shall be informed of the nature of 8 the investigation before any interview commences. Sufficient 9 information to reasonably apprise the member of the allegations made

IO against him shall be provided prior to any interview. 11 6. A member of the bargaining unit shall have the right to have present, as 12 a representative, at the member's own interview an attorney of his 13 choice, or a representative designated by the Club, except that the 14 member may not be represented by any other unit member who is 15 identified as a target or witness of the investigation at the time the 16 member is interviewed by members of the Professional Standards 17 Section, or may waive such right to representation. The designation of 18 a particular representative shall not unduly delay the process. This 19 representation shall extend to allowing the attorney or the representative 20 to pose questions to the member of the bargaining unit at the conclusion 21 of the questioning being done by the Police Department, or if the 22 member is unrepresented, he shall have the right to make a statement. 23 The attorney or Club representative shall not interfere with or impede 24 the investigation. It is further agreed that the City of Rochester and the 25 Rochester Police Department will attempt to resolve disciplinary actions 26 only with the attorney selected by the member of the bargaining unit, or 27 a representative of the Club where the member has elected such 28 representation. It is the express intent of the parties to restrict 29 representation of the members of the bargaining unit to representatives 30 of the Club in those instances when the member of such bargaining unit 31 is not represented by counsel or is not representing himself. 32 7. A member of the bargaining unit subject to such investigation by the 33 Police Department shall have the right upon request to a copy of any 34 statement he shall make to the Police Department, free of charge, within 35 30 days of its production, provided such statement is reduced to writing 36 and may have a copy released directly to an authorized Union 37 representative upon signed release of the member. 38 8. The City of Rochester .agrees that it will not interrogate bargaining unit 39 members in Professional Standards Section interviews regarding 40 conversations between the members and their Union representatives 41 which occur as a result of the Union's statutory duty to represent its 42 members. 43 9. A member of the bargaining unit shall have the right to electronically or 44 otherwise record any and all statements he gives to the Police 45 Department during such investigation. 46 10. A member of the bargaining unit subject to such investigation by the 47 Police Department shall not be subject to any offensive language nor, 48 except as otherwise provided herein, shall he be threatened with transfer, 49 dismissal, or any other disciplinary punishment. No promise or reward 50 shall be made as an inducement to answering questions. Nothing herein 51 contained shall be construed as to prohibit the Police Department from 52 instructing the member that his failure or refusal to answer any questions 53 can become the subject of disciplinary action itself, resulting in 54 disciplinary punishment. 5 5 11. In no event shall a member of the bargaining unit be ordered or requested 56 to submit to a lie detector or polygraph test.

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1 12. Prior to the filing of departmental charges, the bargaining unit member2 shall be afforded an opportunity to be heard.3 13. Any member of the bargaining unit shall be given a copy of any warning4 or memorandum entered in his personnel file. If in the opinion of said5 member, the warning or memorandum issued was not justified, then the6 member shall have the right to respond in writingand have such response7 entered in his personnel file. Such warnings and memoranda are not8 discipline.9 14. A member of the bargaining unit subject to such investigation by the

10 Rochester Police Department shall suffer no reprisals, directly or11 indirectly, for exercising his rights under this Article.12 15.1 Except as provided in Section 2 of this Article, discipline shall be13 covered by Civil Service Law Section 75 and 76. The Hearing Board14 shall be selected in the followingmanner:15 A. The Appointing Authority will submit to the member a list of 316 commandofficers of the rank of Lieutenantor higher from which17 the member must select at least 2 who shall serve on the Hearing18 Board.19 B. The member may submit to the Appointing Authority a list of 3·20 other members holding a rank higher than his rank from which the21 Appointing Authority shall select one member of the Hearing22 Board.23 C. If a civilian is named to serve on the Hearing Board upon the24 request of the complainant, the civilian will serve in place of one25 of the Appointing Authority'sdesignees. The memberwill decide26 which commandofficer will be replacedby the civilian.27 15.2 A member charged with misconduct and/or incompetence may elect to28 have hislher hearing held before a single Hearing Officer pursuant to29 Section 75 of the Civil Service Law. Such Hearing Officer shall be a30 professionalneutral, selected,on a rotatingbasis, from a panel of at least31 three neutrals mutually agreed to by the City and the Locust Club. In the32 event the parties cannot agree to a panel, the neutral shall be selected by33 the Appointing Authority from a list of such neutrals maintained by the34 American Arbitration Association regional office in Syracuse, New35 York. The costs and expenses of such neutral Hearing Officer shall be36 paid by the City, and the Hearing Officer shall conduct a hearing37 pursuant to Section 75 of the Civil ServiceLaw and shall forwardhislher38 Findings and Recommendationsto the AppointingAuthority for decision39 in accordancewith the provisionsof Section75.40 16. No removal or disciplinary proceeding shall be commenced more than41 eighteen (18) months after the occurrenceof the alleged incompetenceor42 misconduct complained of in the disciplinary charges, except that such43 limitations shall not apply where the incompetency or misconduct44 complainedof and described in the chargeswould, if proved in a court of45 appropriatejurisdiction, constitutea crime.46 17. The Chief shall make a written final disposition and notify the accused47 officer of the Hearing Officer's recommendationwithin thirty (30) days48 followingreceipt of the recommendations. A copy of the disposition and49 the Hearing Officer's recommendationwill be provided to the member50 and the Union President.51 18. Unless the nature of the investigationrequires immediate attention, the52 member shall be given at least 48 hours advancenotice of any interview53 conductedunder this Section.54 19. All members placed on the Hearing Board list will be done so at the55 discretion of the Chief of Police. The list of eligibles shall be made


1 12. Prior to the filing of departmental charges, the bargaining unit member 2 shall be afforded an opportunity to be heard. 3 13. Any member of the bargaining unit shall be given a copy of any warning 4 or memorandum entered in his personnel file. If in the opinion of said 5 member, the warning or memorandum issued was not justified, then the 6 member shall have the right to respond in writing and have such response 7 entered in his personnel file. Such warnings and memoranda are not 8 discipline. 9 14. A member of the bargaining unit subject to such investigation by the

1 O Rochester Police Department shall suffer no reprisals, directly or 11 indirectly, for exercising his rights under this Article. 12 15 .1 Except as provided in Section 2 of this Article, discipline shall be 13 covered by Civil Service Law Section 75 and 76. The Hearing Board 14 shall be selected in the following manner: 15 A. The Appointing Authority will submit to the member a list of 3 16 command officers of the rank of Lieutenant or higher from which 17 the member must select at least 2 who shall serve on the Hearing 18 Board. 19 B. The member may submit to the Appointing Authority a list of 3· 20 other members holding a rank higher than his rank from which the 21 Appointing Authority shall select one member of the Hearing 22 Board. 23 C. If a civilian is named to serve on the Hearing Board upon the 24 request of the complainant, the civilian will serve in place of one 25 of the Appointing Authority's designees. The member will decide 26 which command officer will be replaced by the civilian. 27 15.2 A member charged with misconduct and/or incompetence may elect to 28 have his/her hearing held before a single Hearing Officer pursuant to 29 Section 75 of the Civil Service Law. Such Hearing Officer shall be a 30 professional neutral, selected, on a rotating basis, from a panel of at least 31 three neutrals mutually agreed to by the City and the Locust Club. In the 32 event the parties cannot agree to a panel, the neutral shall be selected by 33 the Appointing Authority from a list of such neutrals maintained by the 34 American Arbitration Association regional office in Syracuse, New 35 York. The costs and expenses of such neutral Hearing Officer shall be 36 paid by the City, and the Hearing Officer shall conduct a hearing 37 pursuant to Section 75 of the Civil Service Law and shall forward his/her 38 Findings and Recommendations to the Appointing Authority for decision 39 in accordance with the provisions of Section 75. 40 16. No removal or disciplinary proceeding shall be commenced more than 41 eighteen (18) months after the occurrence of the alleged incompetence or 42 misconduct complained of in the disciplinary charges, except that such 43 limitations shall not apply where the incompetency or misconduct 44 complained of and described in the charges would, if proved in a court of 45 appropriate jurisdiction, constitute a crime. 46 17. The Chief shall make a written final disposition and notify the accused 47 officer of the Hearing Officer's recommendation within thirty (30) days 48 following receipt of the recommendations. A copy of the disposition and 49 the Hearing Officer's recommendation will be provided to the member 50 and the Union President. 51 18. Unless the nature of the investigation requires immediate attention, the 52 member shall be given at least 48 hours advance notice of any interview 53 conducted under this Section. 54 19. All members placed on the Hearing Board list will be done so at the 55 discretion of the Chief of Police. The list of eligibles shall be made

Page 35

1 available to the Locust Club President at a reasonable time prior to the2 selection of a HearingBoardpanel.3 20. (A) The City agrees to release a copy of all statements of potential4 witnesses that the City anticipates calling as a witness for the City of5 Rochester against an accusedmember. The statements shall be released6 to the member's attorney or the Locust Club president or his designee at7 least forty-eight (48) hours prior to the hearing, provided that the8 member agrees in writing not to contact or have an agent contact any9 person whose statement is to be provided. Upon receipt of the

10 statements, neither the Union nor its agents shall contact any person11 whose statementhas been provided.12 (B) The Union agrees to release a copy of all statements of potential13 witnesses that the Union anticipates calling as a witness for the defense14 of any accused member. The statement shall be released to the15 CommandingOfficer of the Professional StandardsSection at least forty-16 eight (48) hours prior to a hearing date.17 Upon receipt of the statement,the City agrees not to contact any person18 whose statementhas been given to the City's representative.19 21. The Union can allege violation of procedures to the Chief of Police in20 writing. The Chief will take such allegation into consideration as21 possible mitigatingcircumstancesin selecting the disciplinarypenalty, if22 any.23 22. Professional Standards Section interviews of employees assigned to the24 3rd platoon shall be scheduled to begin no later than 2 PM unless the25 exigencyof the investigationdictates otherwise.26 23. Bargaining unit members will not be questioned in Professional27 Standards Section interviews regarding conversations between the28 members and their union representatives which occur as a result of the29 union's statutoryduty to represent its members.3031 Discipline Guidelines and Classification of Penalties - see Appendix 13233 Section 2: Command Discipline34 A. Notwithstandingthe provisionsof Section 75 and Section 76 of the Civil35 Service Law, or Section 1 of this Article, Section Commanders,36 regardless of rank, or any commandofficer holding the rank of Major or37 higher, may impose discipline for minor violations of the Rules &38 Regulationsand GeneralOrdersof the Department.3940 B. Discipline imposed through command discipline shall be one of the41 following: Letter of reprimand; suspensionwithout pay for a maximum42 of three (3) days; requirement to work up to three "R-Days" without43 additional pay; reimbursementup to $100 of the value of the property44 which is intentionally or negligently damaged or lost by a member;45 successful completionof a driver trainingprogram;or transfer.4647 C. When commanddisciplineis imposed,the member shall:48 1. accept the commander'sdisciplinaryfindingsand punishment; or49 2. accept the commander's disciplinary findings and appeal the50 punishment to the Command Discipline Appeal Board, the51 determinationof which shall be final; or52 3. refuse the commander's disciplinary findings and punishment53 and elect disciplinaryproceedingspursuant to Section 75 of the54 Civil ServiceLaw.55


1 available to the Locust Club President at a reasonable time prior to the 2 selection of a Hearing Board panel. 3 20. (A) The City agrees to release a copy of all statements of potential 4 witnesses that the City anticipates calling as a witness for the City of 5 Rochester against an accused member. The statements shall be released 6 to the member's attorney or the Locust Club president or his designee at 7 least forty-eight ( 48) hours prior to the hearing, provided that the 8 member agrees in writing not to contact or have an agent contact any 9 person whose statement is to be provided. Upon receipt of the

10 statements, neither the Union nor its agents shall contact any person 11 whose statement has been provided. 12 (B) The Union agrees to release a copy of all statements of potential 13 witnesses that the Union anticipates calling as a witness for the defense 14 of any accused member. The statement shall be released to the 15 Commanding Officer of the Professional Standards Section at least forty-16 eight ( 48) hours prior to a hearing date. 17 Upon receipt of the statement, the City agrees not to contact any person 18 whose statement has been given to the City's representative. 19 21. The Union can allege violation of procedures to the Chief of Police in 20 writing. The Chief will take such allegation into consideration as 21 possible mitigating circumstances in selecting the disciplinary penalty, if 22 any. 23 22. Professional Standards Section interviews of employees assigned to the 24 3rd platoon shall be scheduled to begin no later than 2 PM unless the 25 exigency of the investigation dictates otherwise. 26 23. Bargaining unit members will not be questioned in Professional 27 Standards Section interviews regarding conversations between the 28 members and their union representatives which occur as a result of the 29 union's statutory duty to represent its members. 30 31 32

Discipline Guidelines and Classification of Penalties - see Appendix 1

33 Section 2: Command Discipline 34 A. Notwithstanding the provisions of Section 75 and Section 76 of the Civil 35 Service Law, or Section 1 of this Article, Section Commanders, 36 regardless of rank, or any command officer holding the rank of Major or 37 higher, may impose discipline for minor violations of the Rules & 38 Regulations and General Orders of the Department. 39 40 B. Discipline imposed through command discipline shall be one of the 41 following: Letter of reprimand; suspension without pay for a maximum 42 of three (3) days; requirement to work up to three "R-Days" without 43 additional pay; reimbursement up to $100 of the value of the property 44 which is intentionally or negligently damaged or lost by a member; 45 successful completion of a driver training program; or transfer. 46 47 C. When command discipline is imposed, the member shall: 48 1. accept the commander's disciplinary findings and punishment; or 49 2. accept the commander's disciplinary findings and appeal the 50 punishment to the Command Discipline Appeal Board, the 51 determination of which shall be final; or 52 3. refuse the commander's disciplinary findings and punishment 53 and elect disciplinary proceedings pursuant to Section 75 of the 54 Civil Service Law. 55

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1 D. The Command Discipline Appeal Board shall consist of two (2)2 command officers appointed by the Chief of Police and the President of3 the Locust Club or an elected Club officer designated by him.45 E. Disciplinary determinations made under this Section shall be governed6 only by these procedures and shall not be subject to the grievance7 procedure set forth in Article 26 of this collective bargaining agreement8 or appealed in any other manner, including a proceeding under Article 789 of the CPLR, or the Civil Service Law. This subdivision shall not be

10 interpreted to preclude the member from utilizing the procedure set forth11 in subdivision C(3) of this Section.1213 F. No command discipline shall be commenced under this Section more14 than ninety (90) days after the occurrence of the alleged misconduct.1516 G. The record of any command discipline shall be removed from a member's17 personnel record after the member has had no other discipline imposed18 for a period of one year, and will not be used against the member19 thereafter. Upon request of the member, such written records shall be20 destroyed or returned to him.2122 H. Upon the member accepting the commander's disciplinary findings and23 punishment, or upon the determination of the Command Discipline24 Appeal Board, the appointing authority may under no circumstances25 overrule the punishment imposed or impose further discipline for the26 same violation.272829 ARTICLE 2130 MEMBERS RIGHTS3132 Section 1: Access to Personnel File33 A member shall, after requesting in writing, be permitted to review his own34 personnel file that is maintained in the Police Chiefs office, in the presence of an35 appropriate official of the Department. Only complainants' names and addresses and36 reference sources shall be deleted from said file when it is so deemed necessary.37 Requests for such viewing must be honored within fifteen (15) days of such request.3839 Section 2: Release of Police Photographs40 The City agrees not to release the Police identification photograph of any41 member to the news media unless the City first receives the permission of the42 affected member.4344 Section 3: Release of Employment Records45 1. Upon receipt by the City of a request for the employment records of a46 member or. former member of the Rochester Police Department, the City47 may disclose to the requesting party the records of any prior disciplinary48 proceedings in which such member or former member was found guilty or49 pled guilty following charges and an opportunity to be heard pursuant to50 Section 75 of the New York State Civil Service Law. The City may also51 disclose to the requesting party records of disciplinary charges if such52 member resigned or retired from the Rochester Police Department with the53 disciplinary charges pending. However, a member who retires or resigns54 from the Rochester Police Department with disciplinary charges pending55 shall have the right within two weeks after leaving the Rochester Police56 Department to file a written statement which shall be maintained with the

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l D. The Command Discipline Appeal Board shall consist of two (2) 2 command officers appointed by the Chief of Police and the President of 3 the Locust Club or an elected Club officer designated by him. 4 5 E. Disciplinary determinations made under this Section shall be governed 6 only by these procedures and shall not be subject to the grievance 7 procedure set forth in Article 26 of this collective bargaining agreement 8 or appealed in any other manner, including a proceeding under Article 78 9 of the CPLR, or the Civil Service Law. This subdivision shall not be

1 0 interpreted to preclude the member from utilizing the procedure set forth 11 in subdivision C(3) of this Section. 12 13 F. No command discipline shall be commenced under this Section more 14 than ninety (90) days after the occurrence of the alleged misconduct. 15 16 G. The record of any command discipline shall be removed from a member's 17 personnel record after the member has had no other discipline imposed 18 for a period of one year, and will not be used against the member 19 thereafter. Upon request of the member, such written records shall be 20 destroyed or returned to him. 21 22 H. Upon the member accepting the commander's disciplinary findings and 23 punishment, or upon the determination of the Command Discipline 24 Appeal Board, the appointing authority may under no circumstances 25 overrule the punishment imposed or impose further discipline for the 26 same violation. 27 28 29 ARTICLE 21 30 MEMBERS RIGHTS 31 32 Section 1: Access to Personnel File 33 A member shall, after requesting in writing, be permitted to review his own 34 personnel file that is maintained in the Police Chiefs office, in the presence of an 35 appropriate official of the Department. Only complainants' names and addresses and 36 reference sources shall be deleted from said file when it is so deemed necessary. 37 Requests for such viewing must be honored within fifteen (15) days of such request. 38 39 Section 2: Release of Police Photographs 40 The City agrees not to release the Police identification photograph of any 41 member to the news media unless the City first receives the permission of the 42 affected member. 43 44 Section 3: Release of Employment Records 45 1. Upon receipt by the City of a request for the employment records of a 46 member or . former member of the Rochester Police Department, the City 47 may disclose to the requesting party the records of any prior disciplinary 48 proceedings in which such member or former member was found guilty or 49 pled guilty following charges and an opportunity to be heard pursuant to 50 Section 75 of the New York State Civil Service Law. The City may also 51 disclose to the requesting party records of disciplinary charges if such 52 member resigned or retired from the Rochester Police Department with the 53 disciplinary charges pending. However, a member who retires or resigns 54 from the Rochester Police Department with disciplinary charges pending 55 shall have the right within two weeks after leaving the Rochester Police 56 Department to file a written statement which shall be maintained with the

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1 charges and which shall be disclosed whenever the disciplinary charges are2 disclosed. The City shall not disclose to the requesting party records of an3 internal investigation that was pending without charges at the time the4 member resigned or retired from the Rochester Police Department unless5 charges were brought after the member retired or resigned, and said member6 was given an opportunity for a name-clearing hearing or to file a written7 statement. Such charges shall be brought within the time for bringing8 disciplinary charges against a member of the Department. The member9 shall be allowed two weeks to either request a name-clearing hearing or to

10 file a written statement. If the member elects to file a written statement, the11 statement shall be maintained with the charges and shall be disclosed12 whenever the disciplinary charges are disclosed. If the member elects to13 have a name-clearing hearing, the hearing shall be held before a member of14 the Rochester Police Department of the rank of Captain or above who is15 chosen by the Chief from a list of three names submitted by the former16 member. The hearing shall not be bound by the formal rules of evidence.17 The hearing officer shall make a recommendation to the Chief, who shall18 make the final determination. A transcript shall not be required, but either19 party may provide for a transcript at their own cost. The sole issue in such a20 hearing shall be whether substantial evidence supports the charges so that21 the records can be released to a requesting party. The hearing shall have no22 effect on the former member's status with the Department and shall not23 constitute a determination of guilt or innocence on the charges for24 disciplinary purposes. The former member may be called as a witness at the25 hearing by either party.2627 2. Any member or former member of the Rochester Police Department shall28 have the opportunity to review his or her own history record maintained by29 the Professional Standards Section of the Rochester Police Department,30 upon written request, at a time and in a manner to be reasonably established31 by the Professional Standards Section, provided that nothing contained32 herein shall give any member or former member the right to review the33 history record of an investigation pending at the time of such review if the34 member or former member has not yet been notified of the investigation,35 nor the right to review any record relating to any investigation by the36 Professional Standards Section other than the history record.37383940 ARTICLE 2241 SENIORITY4243 Section 1: Police Officers & Investigators44 Police Officer seniority shall be based upon:45 A. Date of appointment as a member of the Rochester Police46 Department47 B. Position on Civil Service list from which the member was appointed48 C. Prior BMP Certification49 D. Overall standing in the City of Rochester sponsored Academy Class50 E. Date of hire as a Police Officer in the member's previous Police51 Department52 F. Police Chiefs discretion.53

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26


charges and which shall be disclosed whenever the disciplinary charges are disclosed. The City shall not disclose to the requesting party records of an internal investigation that was pending without charges at the time the member resigned or retired from the Rochester Police Department unless charges were brought after the member retired or resigned, and said member was given an opportunity for a name-clearing hearing or to file a written statement. Such charges shall be brought within the time for bringing disciplinary charges against a member of the Department. The member shall be allowed two weeks to either request a name-clearing hearing or to file a written statement. If the member elects to file a written statement, the statement shall be maintained with the charges and shall be disclosed whenever the disciplinary charges are disclosed. If the member elects to have a name-clearing hearing, the hearing shall be held before a member of the Rochester Police Department of the rank of Captain or above who is chosen by the Chief from a list of three names submitted by the former member. The hearing shall not be bound by the formal rules of evidence. The hearing officer shall make a recommendation to the Chief, who shall make the final determination. A transcript shall not be required, but either party may provide for a transcript at their own cost. The sole issue in such a hearing shall be whether substantial evidence supports the charges so that the records can be released to a requesting party. The hearing shall have no effect on the former member's status with the Department and shall not constitute a determination of guilt or innocence on the charges for disciplinary purposes. The former member may be called as a witness at the hearing by either party.

27 2. Any member or former member of the Rochester Police Department shall 28 have the opportunity to review his or her own history record maintained by 29 the Professional Standards Section of the Rochester Police Department, 30 upon written request, at a time and in a manner to be reasonably established 31 by the Professional Standards Section, provided that nothing contained 32 herein shall give any member or former member the right to review the 33 history record of an investigation pending at the time of such review if the 34 member or former member has not yet been notified of the investigation, 35 nor the right to review any record relating to any investigation by the 36 Professional Standards Section other than the history record. 37 38 39

40 ARTICLE 22 41 SENIORITY 42 43 Section 1: Police Officers & Investigators 44 Police Officer seniority shall be based upon: 45 A. Date of appointment as a member of the Rochester Police 46 Department 47 B. Position on Civil Service list from which the member was appointed 48 C. Prior BMP Certification 49 D. Overall standing in the City of Rochester sponsored Academy Class 50 E. Date of hire as a Police Officer in the member's previous Police 51 Department 52 F. Police Chiefs discretion. 53

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1 Investigator seniority shall be based upon:2 A. Date of appointment as a member of the Rochester Police3 Department4 B. Position on Civil Servicelist fromwhich the memberwas appointed5 C. Lengthof service as a designatedInvestigator6 D. Prior BMP Certification7 E. Date of hire as a Police Officer in the member's previous Police8 Department9 F. Police Chief s discretion

1011 Section 2: Commanding Officers12 Commandingofficers' seniorityshall be based upon:13 A. date of promotion into rank,14 B. position on the Civil Servicelist15 C. length of service as a City of Rochesterpolice officer16 D. total length of serviceas a police officer17 E. standing in the City of RochesterPolice Academyclass18 F. discretionof the Police Chief1920 Section 3: Current List21 Current seniority employment lists in each rank, by name and date of22 appointment to the Rochester Police Department, shall be made available for23 inspection. The list shall be updated every four months.2425 Section 4: Reinstated Employees26 A member of the unit who leaves Rochester Police Department27 employment,and who is subsequentlyreappointedto the department in accordance28 with Civil Service Law, shall have his/her seniority calculated from the original29 date of appointment, less the time that the member was not an employee of the30 Rochester Police Department. The member shall receive his/her seniority based31 upon original date of appointment, and adjusted for time not employed by the32 Department,after one year of continuousservice from the date of reappointment.33343536 ARTICLE 2337 OUT-OF-TITLE WORK3839 Section 1: Compensation40 When a memberof the unit is assignedby competentauthority to work out-41 of-title at the rank higher than his regularrank, he shall be compensatedfor working42 in the position for the time worked on a "per diem" basis which shall reflect the43 difference between his regular salary and the salary which he would receive if44 promotedregularly to the higher title. The subjectof excessiveout-of-titlework is a45 valid labor managementdiscussionitem.4647 Section 2: Method of Payment48 Payment for out-of-titlework shall be made in the payroll period following49 the payroll period in which the out-of-titleworkwas actuallyworked.5051 Section 3: Selection for Out-of-Title Work52 A. Officers shall be assigned to out-of-title work within the Section and53 Platoon by the Police Chief or Commanding Officer by utilizing the54 following criteria: position on currentpromotional list, work experience55 and qualityof work.56

1 2 3 4 5 6 7 8 9

10


Investigator seniority shall be based upon: A. Date of appointment as a member of the Rochester Police

Department B. Position on Civil Service list from which the member was appointed C. Length of service as a designated Investigator D. Prior BMP Certification E. Date of hire as a Police Officer in the member's previous Police

Department F. Police Chiefs discretion

11 Section 2: Commanding Officers 12 Commanding officers' seniority shall be based upon: 13 A. date of promotion into rank, 14 B. position on the Civil Service list 15 C. length of service as a City of Rochester police officer 16 D. total length of service as a police officer 17 E. standing in the City of Rochester Police Academy class 18 F. discretion of the Police Chief 19 20 Section 3: Current List 21 Current seniority employment lists in each rank, by name and date of 22 appointment to the Rochester Police Department, shall be made available for 23 inspection. The list shall be updated every four months. 24 25 Section 4: Reinstated Employees 26 A member of the unit who leaves Rochester Police Department 27 employment, and who is subsequently reappointed to the department in accordance 28 with Civil Service Law, shall have his/her seniority calculated from the original 29 date of appointment, less the time that the member was not an employee of the 30 Rochester Police Department. The member shall receive his/her seniority based 31 upon original date of appointment, and adjusted for time not employed by the 32 Department, after one year of continuous service from the date ofreappointment. 33 34 35 36 ARTICLE 23 37 OUT-OF-TITLE WORK 38 39 Section 1: Compensation 40 When a member of the unit is assigned by competent authority to work out-41 of-title at the rank higher than his regular rank, he shall be compensated for working 42 in the position for the time worked on a "per diem" basis which shall reflect the 43 difference between his regular salary and the salary which he would receive if 44 promoted regularly to the higher title. The subject of excessive out-of-title work is a 45 valid labor management discussion item. 46 47 Section 2: Method of Payment 48 Payment for out-of-title work shall be made in the payroll period following 49 the payroll period in which the out-of-title work was actually worked. 50 51 Section 3: Selection for Out-of-Title Work 52 A. Officers shall be assigned to out-of-title work within the Section and 53 Platoon by the Police Chief or Commanding Officer by utilizing the 54 following criteria: position on current promotional list, work experience 55 and quality of work. 56

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1 B. If work experience and quality of work are equal in the judgment of the2 Police Chief or Commanding Officer, preference will be given to the3 officer highest on the promotional list, or in the absence of a promotional4 list, seniority will replace position on the promotional list placement.5678 ARTICLE 249 CI~SERVICEPROCEDURE

1011 Section 1: Duration12 The Police Chief agrees not to request an extension beyond two (2) years13 for any Civil Service List for promotion.1415 Section 2: Scheduling of Tests16 The Police Chief agrees to request the Civil Service Commission to adopt a17 policy of holding promotional examinations at least 60 days before expiration of18 existing promotional lists.1920 Section 3: Physical Standards21 The Police Chief agrees to request the Civil Service Commission to publish22 physical standards for appointment and promotion.2324 Section 4: Standards25 The City agrees to maintain at least the rmmmum standards and26 qualifications in accordance with the Civil Service Law for the appointment of27 Police Officers.2829 Section 5: Promotional Vacancies30 The Police Chief agrees to forward a list of promotional vacancies to the31 Club President or his designee, upon request. This notice will clearly state the date32 of the vacancy..333435 ARTICLE 2536 LEAVES OF ABSENCE3738 Section 1: Leave of Absence Without Pay39 Leave of absence without pay up to the time limitations of the New York40 Civil Service Law in effect at the time may be obtained subject to the approval of41 the Appointing Authority.4243 An employee on an unpaid leave of absence shall notify the Appointing44 Authority at least two (2) weeks in advance of his intent to return to active duty.45 Failure to give such notice will result in termination of employment.4647 Section 2: Educational Leave48 A leave of absence without pay may be obtained as an educational leave49 subject to the approval of the Appointing Authority if such is for the purpose of50 acquiring educational training which will increase the efficiency and usefulness of51 the employee to the Police Department.5253 Section 3: Unapproved Leave of Absence54 Leaves of absence other than those provided by Sections I and 2 above55 will not be granted and will result in termination of service.


1 B. If work experience and quality of work are equal in the judgment of the 2 Police Chief or Commanding Officer, preference will be given to the 3 officer highest on the promotional list, or in the absence of a promotional 4 list, seniority will replace position on the promotional list placement. 5 6 7 8 ARTICLE 24 9 CIVIL SERVICE PROCEDURE

10 11 Section 1: Duration 12 The Police Chief agrees not to request an extension beyond two (2) years 13 for any Civil Service List for promotion. 14 15 Section 2: Scheduling of Tests 16 The Police Chief agrees to request the Civil Service Commission to adopt a 17 policy of holding promotional examinations at least 60 days before expiration of 18 existing promotional lists. 19 20 Section 3: Physical Standards 21 The Police Chief agrees to request the Civil Service Commission to publish 22 physical standards for appointment and promotion. 23 24 Section 4: Standards 25 The City agrees to maintain at least the minimum standards and 26 qualifications in accordance with the Civil Service Law for the appointment of 27 Police Officers. 28

29 Section 5: Promotional Vacancies 30 The Police Chief agrees to forward a list of promotional vacancies to the 31 Club President or his designee, upon request. This notice will clearly state the date 32 of the vacancy .. 33 34 35 ARTICLE 25 36 LEAVES OF ABSENCE 37 38 Section 1: Leave of Absence Without Pay 39 Leave of absence without pay up to the time limitations of the New York 40 Civil Service Law in effect at the time may be obtained subject to the approval of 41 the Appointing Authority. 42

43 An employee on an unpaid leave of absence shall notify the Appointing 44 Authority at least two (2) weeks in advance of his intent to return to active duty. 45 Failure to give such notice will result in termination of employment. 46 47 Section 2: Educational Leave 48 A leave of absence without pay may be obtained as an educational leave 49 subject to the approval of the Appointing Authority if such is for the purpose of 50 acquiring educational training which will increase the efficiency and usefulness of 51 the employee to the Police Department. 52 53 Section 3: Unapproved Leave of Absence 54 Leaves of absence other than those provided by Sections 1 and 2 above 55 will not be granted and will result in termination of service.

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1 ARTICLE 262 RELEASE TIME FOR CLUB BUSINESS34 Section 1: Release Time for Club Business5 The City agrees to place one member on release time, up to a maximum of6 1,000 hours per contract year, for the purpose of conducting official Club business.7 The Club President shall determine which member shall be released and shall8 notify the Chief of Police after the determination has been made at least one (1)9 week prior to the commencement of such release time, specifying the period or

10 periods of such release time.1112 Section 2: Release Time for Club President13 A. The City agrees to place the President of the Rochester Police Locust14 Club on full, detached duty with full pay and all benefits commensurate15 with his rank and assignment. The President shall not be assigned any16 regular police duties unless an emergency is declared. He shall be17 eligible to participate in any scheduled, voluntary overtime program and18 any Special Events detail, at which time he shall be subject to all Rules,19 Regulations and General Orders of the Department. While on release20 time, the President shall perform the duties related to representation of21 members of the Union and consistent with the duties and responsibilities22 of the Union President.2324 B. The member released from duty pursuant to this Section shall not suffer25 any loss of salary or benefits.2627 C. The President is designated to be on full, detached release duty. He may28 work irregular hours and have an irregular work schedule. For the29 purpose of determining his pay, he shall be considered to be assigned to a30 2nd platoon position with a 5-2 work schedule with Saturday and Sunday31 as his regular "R" days. It is also understood that he may change his32 regular days off, but if he does so to perform the duties related to Union33 President, he will not be paid overtime for working a scheduled "R" day.34 However, the President shall receive overtime pursuant to the provisions35 of this Agreement if he performs police duties at the direction of a36 competent police authority. When working such overtime, the Union37 President will not conduct Union business and will report and respond to38 competent police command authority, unless relieved to respond to39 emergent Union duties.4041 Section 3: Release Time for the State P.B.A. Convention42 The City will give release time with pay for a maximum for four (4) days,43 not to exceed eight (8) delegates once a year, to those members designated by the44 Club to attend the State P.B.A. Convention.4546 Section 4: Release Time for Regular and Special Club Meetings47 The City will give release time with pay, not to exceed five (5) members48 (including all Club officers on release time), to those members designated by the49 Club to attend regular and special Club meetings.5051 Section 5: Release Time for Negotiation Committee52 The City will give release time with pay, not to exceed seven (7) repre-53 sentatives at anyone time, to those members designated by the Club to participate as54 the Negotiating Committee.

City oJRochester and the Rochester Police Locust Club, Inc.

1 ARTICLE26 2 RELEASE TIME FOR CLUB BUSINESS 3 4 Section 1: Release Time for Club Business 5 The City agrees to place one member on release time, up to a maximum of 6 1,000 hours per contract year, for the purpose of conducting official Club business. 7 The Club President shall determine which member shall be released and shall 8 notify the Chief of Police after the determination has been made at least one (1) 9 week prior to the commencement of such release time, specifying the period or

1 0 periods of such release time. 11 12 Section 2: Release Time for Club President 13 A. The City agrees to place the President of the Rochester Police Locust 14 Club on full, detached duty with full pay and all benefits commensurate 15 with his rank and assignment. The President shall not be assigned any 16 regular police duties unless an emergency is declared. He shall be 17 eligible to participate in any scheduled, voluntary overtime program and 18 any Special Events detail, at which time he shall be subject to all Rules, 19 Regulations and General Orders of the Department. While on release 20 time, the President shall perform the duties related to representation of 21 members of the Union and consistent with the duties and responsibilities 22 of the Union President. 23 24 B. The member released from duty pursuant to this Section shall not suffer 25 any loss of salary or benefits. 26 27 C. The President is designated to be on full, detached release duty. He may 28 work irregular hours and have an irregular work schedule. For the 29 purpose of determining his pay, he shall be considered to be assigned to a 30 2nd platoon position with a 5-2 work schedule with Saturday and Sunday 31 as his regular "R" days. It is also understood that he may change his 32 regular days off, but if he does so to perform the duties related to Union 33 President, he will not be paid overtime for working a scheduled "R" day. 34 However, the President shall receive overtime pursuant to the provisions 35 of this Agreement if he performs police duties at the direction of a 36 competent police authority. When working such overtime, the Union 37 President will not conduct Union business and will report and respond to 38 competent police command authority, unless relieved to respond to 39 emergent Union duties. 40 41 Section 3: Release Time for the State P.B.A. Convention 42 The City will give release time with pay for a maximum for four (4) days, 43 not to exceed eight (8) delegates once a year, to those members designated by the 44 Club to attend the State P.B.A. Convention. 45 46 Section 4: Release Time for Regular and Special Club Meetings 47 The City will give release time with pay, not to exceed five (5) members 48 (including all Club officers on release time), to those members designated by the 49 Club to attend regular and special Club meetings. 50 51 Section 5: Release Time for Negotiation Committee 52 The City will give release time with pay, not to exceed seven (7) repre-53 sentatives at any one time, to those members designated by the Club to participate as 54 the Negotiating Committee.

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1 Section 6: Release Time for Election Commissioners2 The City will give release time with pay, not to exceed three (3) members,3 to those police officers who serve as election commissionersof the Locust Club on4 the day of the Locust Club election or specialelections.56 Section 7: Designation of Club Representatives7 Officers, delegates and Locust Club Representatives who are to be granted8 leave for Club business as set forth above,without loss of pay, are and shall be those9 officially elected to such position by members of the Police Locust Club, Inc.

10 Except that for purposes of Section 5 above, non-elected members of the Police11 Locust Club, Inc. who are officially designated by the officers of the Club as12 members of the Police Locust Club Negotiating Committee, shall be granted leave13 for negotiations without loss of pay.1415 Section 8: Executive Board Members16 The City will give release time with pay for up to twelve (12) Executive17 Board members to attend regular Executive Board meetings once a month for a18 maximumof two (2) hours a meeting.1920 Section 9: Executive Officer Release Time21 A. The City agrees to place one member, who shall be an elected officer of22 the Union and so designatedby the Union President, on full, detached duty23 with full pay and all benefits commensuratewith his rank and assignment.24 This member shall not be assigned any regular police duties unless an25 emergencyis declared. He shall be eligible to participate in any scheduled26 voluntaryovertimeprogramand any SpecialEvents detail at which time he27 shall be subject to all Rules, Regulations and General Orders of the28 Department. While on full release time, this member shall perform the29 duties related to his electedUnion office and other generalUnion duties as30 assignedby the Union President.3132 B. The Union President shall determine which elected officer of the Union33 shall be designated for full release pursuant to this Section and shall notify34 the Chief of Police of such designationat least thirty (30) days prior to the35 commencement of the release time. Any member placed on full release36 time pursuant to this Section shallnot suffer any loss of salary or benefits.3738 C. Although the member designatedto be on full, detached release duty may39 work irregular hours and have an irregular work schedule at the member's40 discretion, for the purpose of determininghis pay, he shall be considered to41 be assigned to a 2nd platoon position with a 5-2 work schedule with42 Saturdayand Sundayas his regular "R" days. It is also understoodthat this43 member may change his regular days off, but if he does so to perform the44 duties related to his Union office, he will not be paid overtime for working45 a scheduled "R" day. However, this memberwill be eligible for overtime46 pursuant to the provisions of this Agreement if he performs police duties47 on a regular "R" day at the direction of a competent police authority.48 When working such overtime, this member will not conduct Union49 business and will report and respond to competent police command50 authority, unless relieved to respond to emergent Union duties.


1 Section 6: Release Time for Election Commissioners 2 The City will give release time with pay, not to exceed three (3) members, 3 to those police officers who serve as election commissioners of the Locust Club on 4 the day of the Locust Club election or special elections. 5 6 Section 7: Designation of Club Representatives 7 Officers, delegates and Locust Club Representatives who are to be granted 8 leave for Club business as set forth above, without loss of pay, are and shall be those 9 officially elected to such position by members of the Police Locust Club, Inc.

10 Except that for purposes of Section 5 above, non-elected members of the Police 11 Locust Club, Inc. who are officially designated by the officers of the Club as 12 members of the Police Locust Club Negotiating Committee, shall be granted leave 13 for negotiations without loss of pay. 14 15 Section 8: Executive Board Members 16 The City will give release time with pay for up to twelve (12) Executive 17 Board members to attend regular Executive Board meetings once a month for a 18 maximum of two (2) hours a meeting. 19 20 Section 9: . Executive Officer Release Time 21 A. The City agrees to place one member, who shall be an elected officer of 22 the Union and so designated by the Union President, on full, detached duty 23 with full pay and all benefits commensurate with his rank and assignment. 24 This member shall not be assigned any regular police duties unless an 25 emergency is declared. He shall be eligible to participate in any scheduled 26 voluntary overtime program and any Special Events detail at which time he 27 shall be subject to all Rules, Regulations and General Orders of the 28 Department. While on full release time, this member shall perform the 29 duties related to his elected Union office and other general Union duties as 30 assigned by the Union President. 31 32 B. The Union President shall determine which elected officer of the Union 33 shall be designated for full release pursuant to this Section and shall notify 34 the Chief of Police of such designation at least thirty (30) days prior to the 35 commencement of the release time. Any member placed on full release 36 time pursuant to this Section shall not suffer any loss of salary or benefits. 37 38 C. Although the member designated to be on full, detached release duty may 39 work irregular hours and have an irregular work schedule at the member's 40 discretion, for the purpose of determining his pay, he shall be considered to 41 be assigned to a 2nd platoon position with a 5-2 work schedule with 42 Saturday and Sunday as his regular "R" days. It is also understood that this 43 member may change his regular days off, but if he does so to perform the 44 duties related to his Union office, he will not be paid overtime for working 45 a scheduled "R" day. However, this member will be eligible for overtime 46 pursuant to the provisions of this Agreement if he performs police duties 47 on a regular "R" day at the direction of a competent police authority. 48 When working such overtime, this member will not conduct Union 49 business and will report and respond to competent police command 50 authority, unless relieved to respond to emergent Union duties.

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1 ARTICLE 272 CONTRACT ADMINISTRATION34 Section 1: Definitions5 A. Grievance - the term "grievance" shall be defined as a dispute between6 the parties to this Agreement, involving the interpretation or application7 of any provisions of this Agreement.89 B. Days - the term "days" when used in this Article shall, except where

10 otherwise indicated, mean working days on a Monday through Friday11 basis.1213 Section 2: Procedure14 A. It is important that grievancesbe processed as rapidly as possible. The15 number of days indicated at each step should be considered as maximum16 and every effort shouldbe made to expedite the process. However,when17 mutually agreed, the time limits givenbelow may be extended.1819 B. Failure at any step of this procedure to communicate to the Club the20 decision on a grievance within the specified time limits shall permit the21 Club to proceed to the next step of the grievance procedure. Failure to22 announce an appeal of a grievance to the next step within the specified23 time limits shall terminate the grievance.2425 C. In case of Group, Policy or organization type grievance, the grievance26 may be submittedat StepB by the Club representative.2728 D. The time limitations set forth in Section3 of this Article may be extended29 by the mutual consent of the Club President or designee and the Chief of30 Police or Manager of LaborRelations.3132 Section3: Grievance Steps33 In the event of a grievance as defined in Section 1 of this Article, either34 party shall have the right to resolve the grievancein the followingmanner:35 Step A:36 The aggrieved member, with or without a Club representative, shall37 present the grievance orally to the immediate supervisor and the38 commanding officer of the aggrieved within fifteen (15) working days.39 An oral decision by the commanding officer must be presented to the40 Club representative within three (3) working days of receipt of the oral41 grievance. No resolution of a grievance at this step shall constitute a42 binding precedent.4344 Step B:45 If not resolved at Step A within five (5) working days of the receipt of46 the oral decision, the Club President or designee, with or without the47 aggrieved member, shallpresent a written grievance,which shall contain48 the oral decision, to the Chief of Police or his officially designated49 representative who shall within five (5) working days, discuss the50 grievance with the Club President or his designee and who shall, within51 ten (10) workingdays of the receipt of the written grievance,forwardhis52 written decision concerning the grievance to the Club President or his53 designee.54

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Section 1: A.

ARTICLE27 CONTRACT ADMINISTRATION

Definitions Grievance - the term "grievance" shall be defined as a dispute between the parties to this Agreement, involving the interpretation or application of any provisions of this Agreement.

9 B. Days - the term "days" when used in this Article shall, except where 10 otherwise indicated, mean working days on a Monday through Friday 11 basis. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Section 2: A.

B.

C.

Procedure It is important that grievances be processed as rapidly as possible. The number of days indicated at each step should be considered as maximum and every effort should be made to expedite the process. However, when mutually agreed, the time limits given below may be extended.

Failure at any step of this procedure to communicate to the Club the decision on a grievance within the specified time limits shall permit the Club to proceed to the next step of the grievance procedure. Failure to announce an appeal of a grievance to the next step within the specified time limits shall terminate the grievance.

In case of Group, Policy or organization type grievance, the grievance may be submitted at Step B by the Club representative.

28 D. The time limitations set forth in Section 3 of this Article may be extended 29 by the mutual consent of the Club President or designee and the Chief of 30 Police or Manager of Labor Relations. 31 32 Section 3: Grievance Steps 33 In the event of a grievance as defined in Section 1 of this Article, either 34 party shall have the right to resolve the grievance in the following manner: 35 Step A: 36 The aggrieved member, with or without a Club representative, shall 37 present the grievance orally to the immediate supervisor and the 38 commanding officer of the aggrieved within fifteen (15) working days. 39 An oral decision by the commanding officer must be presented to the 40 Club representative within three (3) working days of receipt of the oral 41 grievance. No resolution of a grievance at this step shall constitute a 42 binding precedent. 43 44 Step B: 45 If not resolved at Step A within five (5) working days of the receipt of 46 the oral decision, the Club President or designee, with or without the 47 aggrieved member, shall present a written grievance, which shall contain 48 the oral decision, to the Chief of Police or his officially designated 49 representative who shall within five (5) working days, discuss the 50 grievance with the Club President or his designee and who shall, within 51 ten (10) working days of the receipt of the written grievance, forward his 52 written decision concerning the grievance to the Club President or his 53 designee. 54

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1 Step C:2 If Step B fails to produce a settlement, a written record of the dispute by3 either party, together with the Chief's written decision, shall be forwarded4 to the Manager of Labor Relations within five (5) working days after the5 receipt of the Chief's written decision. Upon receipt of the written record6 of the dispute together with a copy of the Chief's written decision, the7 Manager of Labor Relations shall, within five (5) working days, discuss8 the grievance with the Club's President or designee and shall within ten9 (10) working days of the receipt of the written record of the dispute and

10 the Chief's written decision, forward his written decision to the Club11 President.1213 Step D:14 If Step C fails to produce a settlement of the dispute, either the Club or15 the City may take the dispute to arbitration upon service of written notice16 to the other party of its intention to do so. This notice shall be served17 within ten (10) calendar days from the conclusion of Step C. Otherwise,18 the right of arbitration of such dispute shall be deemed waived and the19 grievance shall be considered closed with no further appeal.2021 Section4: Arbitration22 A. An arbitration proceeding shall be conducted before the Permanent23 Contract Arbitrator, who shall be mutually selected by the parties no later24 than August 1, 1995, and shall serve until replaced by mutual agreement25 of the parties. The Permanent Contract Arbitrator shall have full26 authority pursuant to the provisions contained in this Section to resolve27 all pending grievances and future grievances brought by either party.2829 Additionally, the Permanent Contract Arbitrator shall develop, in30 consultation with the parties herein, an expedited arbitration procedure to31 resolve all pending and future grievances in an efficient, timely and cost32 effective manner. Such expedited arbitration procedure shall become an33 Appendix to the parties Agreement.3435 B. Decisions of the arbitrator shall be final and binding on the Club, the City36 and any grievant, provided said decision is within the scope of his37 authority and the constraints established by this section. The arbitrator38 shall have no authority or power to render a decision or award39 inconsistent with Statutory or Appellate decisional law.4041 C. The selected arbitrator shall hear the matter promptly and will issue his42 decision not later than thirty (30) calendar days from the date of the close43 of the hearings or, if oral hearings have been waived, then from the date44 the final statements and proofs are submitted to the arbitrator.4546 D. The arbitrator's decision shall be in writing and will set forth his findings47 of fact, reasoning and conclusions on the issues.4849 E. The authority of the arbitrator shall be limited to matters of interpretation50 or application of the express provisions of this Agreement and the51 arbitrator shall have no power or authority to alter, add to or subtract52 from or otherwise modify the terms of this Agreement as written. The53 arbitrator shall confine himself to the precise issue submitted for54 arbitration and shall have no authority or power to determine any other55 issues not submitted to him. He shall confine his decision and award56 solely to the interpretation and application of this Agreement.

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10 11 12


Step C: If Step B fails to produce a settlement, a written record of the dispute by either party, together with the Chiefs written decision, shall be forwarded to the Manager of Labor Relations within five (5) working days after the receipt of the Chiefs written decision. Upon receipt of the written record of the dispute together with a copy of the Chiefs written decision, the Manager of Labor Relations shall, within five (5) working days, discuss the grievance with the Club's President or designee and shall within ten (10) working days of the receipt of the written record of the dispute and the Chiefs written decision, forward his written decision to the Club President.

13 Step D: 14 If Step C fails to produce a settlement of the dispute, either the Club or 15 the City may take the dispute to arbitration upon service of written notice 16 to the other party of its intention to do so. This notice shall be served 17 within ten (10) calendar days from the conclusion of Step C. Otherwise, 18 the right of arbitration of such dispute shall be deemed waived and the 19 grievance shall be considered closed with no further appeal. 20 21 Section 4: Arbitration 22 A. An arbitration proceeding shall be conducted before the Permanent 23 Contract Arbitrator, who shall be mutually selected by the parties no later 24 than August 1, 1995, and shall serve until replaced by mutual agreement 25 of the parties. The Permanent Contract Arbitrator shall have full 26 authority pursuant to the provisions contained in this Section to resolve 27 all pending grievances and future grievances brought by either party. 28

29 Additionally, the Permanent Contract Arbitrator shall develop, in 30 consultation with the parties herein, an expedited arbitration procedure to 31 resolve all pending and future grievances in an efficient, timely and cost 32 effective manner. Such expedited arbitration procedure shall become an 33 Appendix to the parties Agreement. 34 35 B. Decisions of the arbitrator shall be final and binding on the Club, the City 36 and any grievant, provided said decision is within the scope of his 37 authority and the constraints established by this section. The arbitrator 38 shall have no authority or power to render a decision or award 39 inconsistent with Statutory or Appellate decisional law. 40 41 C. The selected arbitrator shall hear the matter promptly and will issue his 42 decision not later than thirty (30) calendar days from the date of the close 43 of the hearings or, if oral hearings have been waived, then from the date 44 the final statements and proofs are submitted to the arbitrator. 45 46 D. The arbitrator's decision shall be in writing and will set forth his findings 4 7 of fact, reasoning and conclusions on the issues. 48 49 E. The authority of the arbitrator shall be limited to matters of interpretation 50 or application of the express provisions of this Agreement and the 51 arbitrator shall have no power or authority to alter, add to or subtract 52 from or otherwise modify the terms of this Agreement as written. The 53 arbitrator shall confine himself to the precise issue submitted for 54 arbitration and shall have no authority or power to determine any other 55 issues not submitted to him. He shall confine his decision and award 56 solely to the interpretation and application of this Agreement.

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1 F. Expenses for the arbitrator's services and the proceedings shall be borne2 equally by the employer and the Club. However, each party shall be3 responsible for compensating its own witnesses. If either party desires a4 transcript of the proceedings, it may cause the transcript to be made.5 Each party shall be responsible for the payment for their copy of the6 transcript.78 The parties shall equally share the expense of the arbitrator's copy.9

101112 ARTICLE 2813 GRIEVANCE COMMITTEE AND REPRESENTATION1415 Section 1: Club Representatives16 The Club may have duly elected Representatives selected by the17 membership of the Club at an election or appointed by the Locust Club President.18 The City will be provided with a current list of these representatives at all times. In19 the event of the absence of a particular Representative, the Club may appoint an20 alternate.2122 Section 2: Representative Pursuance23 A representative or alternate will be permitted to leave his work in24 pursuance of a grievance, conditions permitting, as determined by the25 representative's commanding officer, during the representative's normal working26 hours. If the representative's commanding officer determines that conditions do not27 permit absence during that representative's regular working hours, the grievance28 shall be pursued upon completion of the representative's tour of duty.2930 Section 3: Release from Assignment31 For the purpose of handling grievances as provided in the Grievance32 Procedure, the representative will record his time and specify to his immediate33 superior the purpose of his activity before he leaves his assignment. Upon entering34 the area of another commanding officer, he shall notify that commanding officer of35 his presence and purpose.3637 Section 4: Representative with Grievance38 Any representative having an individual grievance in connection with his39 own work may ask for an officer of the Club to assist him in adjusting the grievance40 with the commanding officer.414243 ARTICLE 2944 POLICE LABOR-MANAGEMENT COMMITTEE4546 A Police Labor-Management Committee shall be established for the47 purpose of discussing at mutually agreeable times matters of mutual concern, but48 not to include amendment of this Agreement. This Committee shall be limited to no49 more than four (4) members of the Police Locust Club, one of whom shall be the50 Locust Club President, and four (4) management members, one of whom shall be51 the Manager of Labor Relations. The Committee shall meet at the call of the52 Manager of Labor Relations or the Locust Club President.5354 Any expenses pursuant to said meetings shall be equally borne by the55 parties to this Agreement.


1 F. Expenses for the arbitrator's services and the proceedings shall be borne 2 equally by the employer and the Club. However, each party shall be 3 responsible for compensating its own witnesses. If either party desires a 4 transcript of the proceedings, it may cause the transcript to be made. 5 Each party shall be responsible for the payment for their copy of the 6 transcript. 7 8 9

10 11

The parties shall equally share the expense of the arbitrator's copy.

12 ARTICLE 28 13 GRIEVANCE COMMITTEE AND REPRESENTATION 14 15 Section 1: Club Representatives 16 The Club may have duly elected Representatives selected by the 17 membership of the Club at an election or appointed by the Locust Club President. 18 The City will be provided with a current list of these representatives at all times. In 19 the event of the absence of a particular Representative, the Club may appoint an 20 alternate. 21 22 Section 2: Representative Pursuance 23 A representative or alternate will be permitted to leave his work in 24 pursuance of a grievance, conditions permitting, as determined by the 25 representative's commanding officer, during the representative's normal working 26 hours. If the representative's commanding officer determines that conditions do not 27 permit absence during that representative's regular working hours, the grievance 28 shall be pursued upon completion of the representative's tour of duty. 29 30 Section 3: Release from Assignment 31 For the purpose of handling grievances as provided in the Grievance 32 Procedure, the representative will record his time and specify to his immediate 33 superior the purpose of his activity before he leaves his assignment. Upon entering 34 the area of another commanding officer, he shall notify that commanding officer of 35 his presence and purpose. 36 37 Section 4: Representative with Grievance 38 Any representative having an individual grievance in connection with his 39 own work may ask for an officer of the Club to assist him in adjusting the grievance 40 with the commanding officer. 41 42

ARTICLE29 43 44 45

POLICE LABOR-MANAGEMENT COMMITTEE

46 A Police Labor-Management Committee shall be established for the 47 purpose of discussing at mutually agreeable times matters of mutual concern, but 48 not to include amendment of this Agreement. This Committee shall be limited to no 49 more than four (4) members of the Police Locust Club, one of whom shall be the 50 Locust Club President, and four (4) management members, one of whom shall be 51 the Manager of Labor Relations. The Committee shall meet at the call of the 52 Manager of Labor Relations or the Locust Club President. 53 54 Any expenses pursuant to said meetings shall be equally borne by the 55 parties to this Agreement.

Page45

1 ARTICLE 302 GENERAL PROVISIONS34 Section 1: Applicable Laws5 It is understood and agreed by both parties that the benefits conferred by6 this Agreement are subject to the applicable provisions of Law and to the7 appropriation of funds by City Council.89 Section2: Savings Clause

10 This Agreement and all provisions herein are subject to all applicable laws11 and in the event any provision of this Agreement is held to violate such laws, said12 provision shall not bind either of the parties, but the remainder of this Agreement13 shall remain in full force and effect as ifthe invalid or illegal provision had not been14 part of this Agreement.1516 Section3: Contract Modification17 No amendment or alteration of this Agreement shall be binding unless it is18 in writing and signed by the Mayor or his representative and by a duly authorized19 representative of the Locust Club, Inc., as determined by the by-laws of the Locust20 Club.2122 Section4: Changes in Rules, Regulations and General Orders23 All portions of any Rules, Regulations and General Orders of the24 Department pertaining to the terms and conditions of employment shall be changed25 through the process of collective negotiations. In the event the City desires to so26 change such a Rule, Regulation or General Order, it shall give notice thereof to the27 Club. The parties shall thereafter negotiate collectively over such proposed28 change(s). If, as a result of the collective negotiations, the parties arrive at impasse,29 the matter shall be resolved through arbitration, as that procedure is set forth in30 Article 27, Section 4, of this Agreement.3132 Section5: Printing of Contract33 The cost of printing this Agreement in booklet form in the number of 80034 copies and at a cost not to exceed $1500 shall be borne equally by the City and the35 Union. Such printing shall be done by a Union print shop having a Union label.36 This provision shall not apply if the City's share of the printing costs exceeds the37 limit at which the City must solicit bids for the work to be performed pursuant to the38 New York State General Municipal Law.3940 Section6: Police Vehicles41 Police vehicles will be kept in good appearance and mechanical condition.4243 Section7: Lounge44 The City will continue to provide a police officers' lounge in the Public45 Safety Building for members of the Unit subpoenaed to Court.4647 Section8: Defenseand Indemnification of Police Officers48 A. The City shall pay reasonable and necessary attorney's fees at rates49 prevailing in the local legal community, disbursements and litigation50 expenses incurred by a police officer in his defense in a criminal51 proceeding in a state or federal court arising out of any alleged act or52 omission that occurred or allegedly occurred while the employee was53 exercising or performing or in good faith purporting to exercise or54 perform his powers and duties. The police officer shall be entitled to55 private counsel of his own choice, except that the Corporation Counsel56 may require that appropriate groups of police officers be represented by

Page 46


1 ARTICLE30 2 GENERAL PROVISIONS 3 4 Section 1: Applicable Laws 5 It is understood and agreed by both parties that the benefits conferred by 6 this Agreement are subject to the applicable provisions of Law and to the 7 appropriation of funds by City Council. 8 9 Section 2: Savings Clause

10 This Agreement and all provisions herein are subject to all applicable laws 11 and in the event any provision of this Agreement is held to violate such laws, said 12 provision shall not bind either of the parties, but the remainder of this Agreement 13 shall remain in full force and effect as if the invalid or illegal provision had not been 14 part of this Agreement. 15 16 Section 3: Contract Modification 17 No amendment or alteration of this Agreement shall be binding unless it is 18 in writing and signed by the Mayor or his representative and by a duly authorized 19 representative of the Locust Club, Inc., as determined by the by-laws of the Locust 20 Club. 21 22 Section 4: Changes in Rules, Regulations and General Orders 23 All portions of any Rules, Regulations and General Orders of the 24 Department pertaining to the terms and conditions of employment shall be changed 25 through the process of collective negotiations. In the event the City desires to so 26 change such a Rule, Regulation or General Order, it shall give notice thereof to the 27 Club. The parties shall thereafter negotiate collectively over such proposed 28 change(s). If, as a result of the collective negotiations, the parties arrive at impasse, 29 the matter shall be resolved through arbitration, as that procedure is set forth in 30 Article 27, Section 4, of this Agreement. 31 32 Section 5: Printing of Contract 33 The cost of printing this Agreement in booklet form in the number of 800 34 copies and at a cost not to exceed $1500 shall be borne equally by the City and the 35 Union. Such printing shall be done by a Union print shop having a Union label. 36 This provision shall not apply if the City's share of the printing costs exceeds the 3 7 limit at which the City must solicit bids for the work to be performed pursuant to the 38 New York State General Municipal Law. 39 40 Section 6: Police Vehicles 41 Police vehicles will be kept in good appearance and mechanical condition. 42

43 Section 7: Lounge 44 The City will continue to provide a police officers' lounge in the Public 45 Safety Building for members of the Unit subpoenaed to Court. 46 47 Section 8: Defense and Indemnification of Police Officers 48 A. The City shall pay reasonable and necessary attorney's fees at rates 49 prevailing in the local legal community, disbursements and litigation 50 expenses incurred by a police officer in his defense in a criminal 51 proceeding in a state or federal court arising out of any alleged act or 52 omission that occurred or allegedly occurred while the employee was 53 exercising or performing or in good faith purporting to exercise or 54 perform his powers and duties. The police officer shall be entitled to 55 private counsel of his own choice, except that the Corporation Counsel 56 may require that appropriate groups of police officers be represented by

Page46

1 the same private counsel. This duty to pay for a defense in a criminal2 proceeding shall arise only upon the complete acquittal of a police3 officer, the dismissal of all criminal charges against him, or a no-bill by a4 Grand Jury investigating an on-duty use of a weapon. Attorney's fees,5 disbursements, and litigation expenses shall be submitted by the attorney6 within 30 days after acquittal or dismissal to the Corporation Counsel in7 the manner and form required by him, and shall be reviewed and8 approved by him prior to payment.9

10 B. The City shall provide for the defense of a police officer in any civil11 action or proceeding before any state or federal court or administrative12 agency arising out of any alleged act or omission that occurred or13 allegedly occurred while the police officer was exercising or performing14 or in good faith purporting to exercise or perform his powers and duties.15 This duty to provide for a defense shall not arise where the action or16 proceeding is brought by or at the behest of the City itself unless the17 police officer is successful in such action or proceeding.1819 C. The Corporation Counsel shall defend, or may employ special counsel to20 defend, the police officer in any civil action or proceeding unless the21 Corporation Counsel determines that a conflict of interest exists or may22 arise in which case the police officer shall be entitled to private counsel23 of his choice, except that the Corporation Counsel may require that24 appropriate groups of police officers be represented by the same private·25 counsel. If special counsel is employed, or a police officer is represented26 by private counsel, the City shall pay reasonable and necessary attorney's27 fees at rates prevailing in the local legal community, disbursements, and28 litigation expenses incurred by a police officer in his defense. Attorney's29 fees, disbursements and litigation expenses shall be submitted by the30 attorney promptly after the end of each month to the Corporation31 Counsel, in the manner and form required by him, and shall be reviewed32 and approved by him prior to payment.3334 D. The City shall indemnify and save harmless a police officer in the35 amount of any judgment obtained against the police officer in a state or36 federal court or administrative agency, or in the amount of any settlement37 or a claim, provided that the act or omission occurred while the police38 officer was exercising or performing or in good faith purporting to39 exercise or perform his powers and duties. This duty to indemnify and40 save harmless shall not arise where the injury or damage resulted from41 intentional wrongdoing on the part of the police officer; nor shall it arise42 where a judgment is obtained or claim settled as a result of an action or43 proceeding brought by or at the behest of the City itself; nor shall it arise44 with respect to non-automatic punitive or exemplary damages, fines or45 penalties.4647 E. The duties to pay for or to provide a defense and to indemnify and save48 harmless shall be conditioned upon (a) delivery by a police officer to the49 Corporation Counsel of any notice, summons, complaint or any other50 legal process within five (5) business days after he is served with such51 document, and (b) the full cooperation of a police officer in the defense52 of any action or proceeding against him or against the City based upon53 his alleged acts or omissions, and in the taking of any appeals.54

1 2 3 4 5 6 7 8 9


the same private counsel. This duty to pay for a defense in a criminal proceeding shall arise only upon the complete acquittal of a police officer, the dismissal of all criminal charges against him, or a no-bill by a Grand Jury investigating an on-duty use of a weapon. Attorney's fees, disbursements, and litigation expenses shall be submitted by the attorney within 30 days after acquittal or dismissal to the Corporation Counsel in the manner and form required by him, and shall be reviewed and approved by him prior to payment.

10 B. The City shall provide for the defense of a police officer in any civil 11 action or proceeding before any state or federal court or administrative 12 agency arising out of any alleged act or omission that occurred or 13 allegedly occurred while the police officer was exercising or performing 14 or in good faith purporting to exercise or perform his powers and duties. 15 This duty to provide for a defense shall not arise where the action or 16 proceeding is brought by or at the behest of the City itself unless the 17 police officer is successful in such action or proceeding. 18 19 C. The Corporation Counsel shall defend, or may employ special counsel to 20 defend, the police officer in any civil action or proceeding unless the 21 Corporation Counsel determines that a conflict of interest exists or may 22 arise in which case the police officer shall be entitled to private counsel 23 of his choice, except that the Corporation Counsel may require that 24 appropriate groups of police officers be represented by the same private· 25 counsel. If special counsel is employed, or a police officer is represented 26 by private counsel, the City shall pay reasonable and necessary attorney's 27 fees at rates prevailing in the local legal community, disbursements, and 28 litigation expenses incurred by a police officer in his defense. Attorney's 29 fees, disbursements and litigation expenses shall be submitted by the 30 attorney promptly after the end of each month to the Corporation 31 Counsel, in the manner and form required by him, and shall be reviewed 32 and approved by him prior to payment. 33 34 D. The City shall indemnify and save harmless a police officer in the 35 amount of any judgment obtained against the police officer in a state or 36 federal court or administrative agency, or in the amount of any settlement 37 or a claim, provided that the act or omission occurred while the police 38 officer was exercising or performing or in good faith purporting to 39 exercise or perform his powers and duties. This duty to indemnify and 40 save harmless shall not arise where the injury or damage resulted from 41 intentional wrongdoing on the part of the police officer; nor shall it arise 42 where a judgment is obtained or claim settled as a result of an action or 43 proceeding brought by or at the behest of the City itself; nor shall it arise 44 with respect to non-automatic punitive or exemplary damages, fines or 45 penalties. 46 47 E. The duties to pay for or to provide a defense and to indemnify and save 48 harmless shall be conditioned upon (a) delivery by a police officer to the 49 Corporation Counsel of any notice, summons, complaint or any other 50 legal process within five (5) business days after he is served with such 51 document, and (b) the full cooperation of a police officer in the defense 52 of any action or proceeding against him or against the City based upon 53 his alleged acts or omissions, and in the taking of any appeals. 54

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1 F. Any dispute arising under this Section shall be submitted to arbitration2 pursuant to Article 27, Section 4, of this Agreement. A demand for3 arbitration must be served within sixty (60) days of written notice to the4 Club of a decision by the Corporation Counsel.56 Section 9: Chief's Award Day7 The Chief, at his discretion, may award a paid day off to any member who8 has exhibited conduct above and beyond the call of duty and/or has provided9 meritorious service.

101112 ARTICLE 3113 BULLETIN BOARDS AND INFORMATION UPDATE1415 It is agreed that the Club may use all official police bulletin boards for the16 purpose of posting Club notices to Club members, provided that such notices shall17 be clearly identified as Club notices.18 The Information Update and the videotape system may also be used for19 Club announcements, provided that the Club's use of the videotape system does not20 interfere with the normal functioning of the Police Department. The Club agrees to21 confine its use of the videotape system to issues of working conditions and Club22 social events. The Chief of Police shall have final content approval of all videotape23 programming to insure its professionalism.24 The City agrees to maintain the Information Update for the term of this25 Agreement.262728 ARTICLE 3229 TERM OF CONTRACT3031 Section 1: Duration32 This contract shall be for a period of three (3) years commencing July 1,33 2005, and ending June 30, 2008. This agreement incorporates the award of the34 Arbitration Panel as signed by Chairman Selchick on July 13,2007. In the event of35 any conflict between the award and this Agreement, the award language and intent36 shall prevail. This contract shall automatically be renewed from year to year37 thereafter, unless either party shall notify the other party in writing not earlier than38 November 15th and not later than November 30th, or as hereinafter provided for any39 renewal period of the party's intention to change, alter, amend or terminate this40 contract.4142 Section 2: Negotiations43 It is understood and agreed that negotiations pursuant to the above notice44 shall begin not later than January 15, thereafter, unless otherwise mutually agreed to45 by the parties.464748 ARTICLE 3349 JURYDUTY5051 A. Members shall be granted a leave of absence with pay when they are required52 to report for jury duty or jury service. A member must notify his immediate53 supervisor no later than his first scheduled shift following receipt ofa notice54 of selection for jury duty or examination, and must provide a copy of such55 notice to the office of the Police Chief.


1 F. Any dispute arising under this Section shall be submitted to arbitration 2 pursuant to Article 27, Section 4, of this Agreement. A demand for 3 arbitration must be served within sixty (60) days of written notice to the 4 Club of a decision by the Corporation Counsel. 5 6 Section 9: Chief's Award Day 7 The Chief, at his discretion, may award a paid day off to any member who 8 has exhibited conduct above and beyond the call of duty and/or has provided 9 meritorious service.

10 11 12 13 14

ARTICLE31 BULLETIN BOARDS AND INFORMATION UPDATE

15 It is agreed that the Club may use all official police bulletin boards for the 16 purpose of posting Club notices to Club members, provided that such notices shall 17 be clearly identified as Club notices. 18 The Information Update and the videotape system may also be used for 19 Club announcements, provided that the Club's use of the videotape system does not 20 interfere with the normal functioning of the Police Department. The Club agrees to 21 confine its use of the videotape system to issues of working conditions and Club 22 social events. The Chief of Police shall have final content approval of all videotape 23 programming to insure its professionalism. 24 The City agrees to maintain the Information Update for the term of this 25 Agreement. 26 27 28 ARTICLE 32 29 TERM OF CONTRACT 30 31 Section 1: Duration 32 This contract shall be for a period of three (3) years commencing July 1, 33 2005, and ending June 30, 2008. This agreement incorporates the award of the 34 Arbitration Panel as signed by Chairman Selchick on July 13, 2007. In the event of 35 any conflict between the award and this Agreement, the award language and intent 36 shall prevail. This contract shall automatically be renewed from year to year 37 thereafter, unless either party shall notify the other party in writing not earlier than 38 November 15th and not later than November 30th, or as hereinafter provided for any 39 renewal period of the party's intention to change, alter, amend or terminate this 40 contract. 41 42 Section 2: Negotiations 43 It is understood and agreed that negotiations pursuant to the above notice 44 shall begin not later than January 15, thereafter, unless otherwise mutually agreed to 45 by the parties. 46 47 48 ARTICLE 33 49 JURYDUTY 50 51 A. Members shall be granted a leave of absence with pay when they are required 52 to report for jury duty or jury service. A member must notify his immediate 53 supervisor no later than his first scheduled shift following receipt of a notice 54 of selection for jury duty or examination, and must provide a copy of such 55 notice to the office of the Police Chief.

Page 48

1 B. Membersare required to work all available reasonable hours outside of those2 actually required for jury duty, or jury duty examination in accordance with3 the employee's regular work schedule. Members must request telephone4 alert to the extent allowed by the Commissioner of Jurors or the Court. If a5 member is advised to report for jury duty or examination, the member shall6 informthe commandingofficer of his unit immediately.78 C. The City shall have the right to seek a waiver fromjury duty for the member.9 Membersexempted fromjury duty must accept the exemptionor shall not be

10 paid by the City for such time.1112 D. A memberon jury duty shall receive his regular pay and shall transmit to the13 Employeran amount equal to anyjury duty allowance received for suchjury14 service.151617 ARTICLE 3418 PUBLIC SAFETYAIDES1920 The City may employ "Public Safety Aides" (PSA) and may, at its21 discretion, change their name to any non-unit designation. When doing so, the22 followingwill apply:2324 1. Public SafetyAides will not respond to any call for police service,but will25 be allowed to take reports in police facilities and NET offices on Tele-26 Serve eligible calls as provided in General Order 460, quality of life27 complaints, and to take reports of "non-priority I"calls for service or calls28 for service which do not require the dispatch of a police officer to the29 scene. They will not conduct investigations. They may issue parking30 tickets and order the towingof illegallyparked vehicles.3132 2. The number of Public SafetyAides shall not exceed40.3334 3. The City will maintain the authorizednumber of bargaining unit positions35 that existed on November II, 1997(674), except for thosepositions funded36 and maintainedas a result of federal or state grants.3738 4. The Public Safety Aide shall not be used to circumvent the payment of39 overtime to any currentunit member,or to replace any unit member.4041 5. The Union does not waiveany current exclusivityof unit work associated42 with the establishmentof the PSA's.


1 B. Members are required to work all available reasonable hours outside of those 2 actually required for jury duty, or jury duty examination in accordance with 3 the employee's regular work schedule. Members must request telephone 4 alert to the extent allowed by the Commissioner of Jurors or the Court. If a 5 member is advised to report for jury duty or examination, the member shall 6 inform the commanding officer of his unit immediately. 7 8 C. The City shall have the right to seek a waiver from jury duty for the member. 9 Members exempted from jury duty must accept the exemption or shall not be

10 paid by the City for such time. 11 12 D. A member on jury duty shall receive his regular pay and shall transmit to the 13 Employer an amount equal to any jury duty allowance received for such jury 14 service. 15 16 17

18 19

ARTICLE34 PUBLIC SAFETY AIDES

20 The City may employ "Public Safety Aides" (PSA) and may, at its 21 discretion, change their name to any non-unit designation. When doing so, the 22 following will apply: 23 24 1. Public Safety Aides will not respond to any call for police service, but will 25 be allowed to take reports in police facilities and NET offices on Tele-26 Serve eligible calls as provided in General Order 460, quality of life 27 complaints, and to take reports of "non-priority 1 "calls for service or calls 28 for service which do not require the dispatch of a police officer to the 29 scene. They will not conduct investigations. They may issue parking 30 tickets and order the towing of illegally parked vehicles. 31 32 2. The number of Public Safety Aides shall not exceed 40. 33 34 3. The City will maintain the authorized number of bargaining unit positions 35 that existed on November 11, 1997 (674), except for those positions funded 36 and maintained as a result of federal or state grants. 37 38 4. The Public Safety Aide shall not be used to circumvent the payment of 39 overtime to any current unit member, or to replace any unit member. 40 41 5. The Union does not waive any current exclusivity of unit work associated 42 with the establishment of the PSA's.

Page49

IN WITNESS WHEREOF, the parties have hereto caused thisAgreement to be executed by their duly authorized representatives.

~President

Jd~,~ /o/7/crSharon A. BurkeManager of Labor Relations

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29


IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed by their duly authorized representatives.

FOR THE ROCHESTER POLICE LOCUST CLUB, INC.:

~ President

FOR THE CITY OF ROCHESTER, NEW YORK:

.#~(J,~v 10/7/or Sharon A. Burke Manager of Labor Relations

Page 50

1 APPENDIX 12 DISCIPLINE GUIDELINES3 &4 CLASSIFICATION OF PENAL TIES56 The parties agree that the following are guidelines to be used in7 determination of penalties for discipline.89 A. Table of Penalties: Penalties may be assessed up to the maximum listed

10 below for infractions as classified in accordance with Appendix I:1112131415161718192021222324 B. The Chief at his sole discretion may assess penalties in excess of those25 listed above. In the event the Chief chooses to exceed or reduce the26 penalties listed above, he shall explain his reasoning, in writing to the27 member, with copy to the Locust Club.2829 C. The Chief, at his discretion, may consider extenuating circumstances and30 may impose a lesser penalty than listed above.3132 D. Loss of accrued time may be substituted for suspensions without pay upon33 the request of the member and at the discretion of the Chief.3435 E. The imposition of discipline is not grievable. Appeals of discipline shall36 be in accordance with Section 76 of the NY State Civil Service Law.

1st Incident 2nd Incident 3rd IncidentClass 1

3 Day 10 Day 20 DaySuspension Suspension Suspension

Class 210 Day 30 Day 60 Day

Suspension Suspension Suspension

Class 3Dismissal Dismissal Dismissal


APPENDIX I 2 DISCIPLINE GUIDELINES 3 & 4 CLASSIFICATION OF PENAL TIES 5 6 The parties agree that the following are guidelines to be used m 7 determination of penalties for discipline. 8 9 A. Table of Penalties: Penalties may be assessed up to the maximum listed

10 below for infractions as classified in accordance with Appendix 1: 11 12 13 14 15 16 17 18 19 20 21 22 23

Class 1

Class 2

Class 3

1st Incident 2nd Incident 3rd Incident

3 Day lODay Suspension Suspension

IO Day 30Day Suspension Suspension

Dismissal Dismissal

20Day Suspension

60Day Suspension

Dismissal

24 B. The Chief at his sole discretion may assess penalties in excess of those 25 listed above. In the event the Chief chooses to exceed or reduce the 26 penalties listed above, he shall explain his reasoning, in writing to the 27 member, with copy to the Locust Club. 28 29 C. The Chief, at his discretion, may consider extenuating circumstances and 30 may impose a lesser penalty than listed above. 31 32 D. Loss of accrued time may be substituted for suspensions without pay upon 33 the request of the member and at the discretion of the Chief. 34 35 E. The imposition of discipline is not grievable. Appeals of discipline shall 36 be in accordance with Section 76 of the NY State Civil Service Law.

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1 CLASSIFICATION OF PENAL TIES23 MANUAL OF RULES AND REGULATIONS4 TABLE OF CONTENTS56 SECTION I - ORDERS and DISCIPLINE78 1.1 (A) Obedience to Laws,

9 Ordinances and Rules 3*10 (B) Assist Other Persons

11 (C) Constitutes Violation

12 (D) Conviction

13 1.2 Familiarity with the Laws, Ordinances and Rules 114 (A) Returning from Absence

15 (B) Unfamiliarity No Defense

16 (C) Making Changes as Directed

17 1.3 Obedience to Orders 318 (A) Comply with Orders

19 (B) Geographic Limits

20 1.4 Issuance of Orders 121 1.5 Conflict of Orders 122 1.6 Insubordination 3232425 SECTION II - PERFORMANCE of and26 ATTENTION to DUTY2728 2.1 General Duties 229 (A) Protection of Life and Property

30 (B) Duties

31 2.2 Identification 132 (A) Sworn

33 (B) Non-Sworn

34 2.3 Respond when Directed 135 2.4 Reporting for Duty 136 2.5 Absence from Duty 237 2.6 Action Required Regardless of

38 Assignment 339 2.7 Cooperation/Coordination 2


1 CLASSIFICATION OF PENAL TIES 2 3 MANUAL OF RULES AND REGULATIONS 4 TABLE OF CONTENTS 5 6 SECTION I - ORDERS and DISCIPLINE 7 8 1.1 (A) Obedience to Laws,

9 Ordinances and Rules 3*

10 (B) Assist Other Persons

11 (C) Constitutes Violation

12 (D) Conviction

13 1.2 Familiarity with the Laws, Ordinances and Rules 1

14 (A) Returning from Absence

15 (B) Unfamiliarity No Defense

16 (C) Making Changes as Directed

17 1.3 Obedience to Orders 3

18 (A) Comply with Orders

19 (B) Geographic Limits

20 1.4 Issuance of Orders 1

21 1.5 Conflict of Orders 1

22 1.6 Insubordination 3

23

24 25 SECTION II - PERFORMANCE of and 26 ATTENTION to DUTY 27 28 2.1 General Duties 2

29 (A) Protection of Life and Property

30 (B) Duties

31 2.2 Identification 1

32 (A) Sworn

33 (B) Non-Sworn

34 2.3 Respond when Directed 1

35 2.4 Reporting for Duty 1

36 2.5 Absence from Duty 2

37 2.6 Action Required Regardless of

38 Assignment 3

39 2.7 Cooperation/Coordination 2

Page 52


2.8 Seeking Information Regarding Duties 12 2.9 Inspecting Area of Assignment 13 2.10 Leaving Area of Assignment 24 2.11 Attitude and Impartiality 15 2.12 Assistance to Fellow Employees 26 2.13 Assistance to Citizens 27 2.14 Medical Attention for ill Persons 28 2.15 Arrests 39 2.16 Investigations 310 2.17 Serving Warrants/Subpoenas 111 2.18 Appe~anceRequrred 212 2.19 Loitering or Sleeping on Duty/13 Congregating14 2.20 Reading on Duty 115 2.21 Supervisors Addressed by Title 116 2.22 Concealment 117 2.23 Performance of Duties 3181920 SECTION III - USE OF OFFICIAL POSITION2122 3.1 City of Rochester Code of Ethics 223 3.2 Conducting Private Business or24 Association on Duty 125 3.3 Use of Badge or Position for26 Personal Gain 227 3.4 Preferment 128 3.5 Sale of Tickets or Donations 129 3.6 Soliciting Gifts, Gratuities, etc. 330 3.7 Recommending Attorneys 131 3.8 Giving Surety for Persons in Custody (Bail) 232 3.9 Withdrawing Ch~ges 233 3.10 Communicating Information to Aid Evasion 334 3.11 Civil Cases 2


2.8 Seeking Information Regarding Duties 1

2 2.9 Inspecting Area of Assignment 1

3 2.10 Leaving Area of Assignment 2

4 2.11 Attitude and Impartiality 1

5 2.12 Assistance to Fellow Employees 2

6 2.13 Assistance to Citizens 2

7 2.14 Medical Attention for Ill Persons 2

8 2.15 Arrests 3

9 2.16 Investigations 3

10 2.17 Serving Warrants/Subpoenas 1

11 2.18 Appearance Required 2

12 2.19 Loitering or Sleeping on Duty/ 13 Congregating 14 2.20 Reading on Duty 1

15 2.21 Supervisors Addressed by Title 1

16 2.22 Concealment 1

17 2.23 Performance of Duties 3

18 19 20 SECTION Ill - USE OF OFFICIAL POSITION 21 22 3.1 City of Rochester Code of Ethics 2

23 3.2 Conducting Private Business or 24 Association on Duty 1 25 3.3 Use of Badge or Position for 26 Personal Gain 2 27 3.4 Preferment 1 28 3.5 Sale of Tickets or Donations 1 29 3.6 Soliciting Gifts, Gratuities, etc. 3 30 3.7 Recommending Attorneys 1 31 3.8 Giving Surety for Persons in Custody (Bail) 2 32 3.9 Withdrawing Charges 2

33 3.10 Communicating Information to Aid Evasion 3 34 3.11 Civil Cases 2

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- -------------


SECTION IV - GENERAL CONDUCT

2

3 4.1 Conduct 3

4 4.2 Courtesy 2

5 4.3 No Connections with Liquor

6 Establishment 2

7 4.4 Personal Associations 2

8 4.5 Frequenting Unlawful Establishments 3

9 4.6 Truthfulness 3

10 4.7 Malicious Rumors 1

11 4.8 Discussing Evidence 3

12 4.9 Divulging Police Information 3

13 4.10 Speeches, Statements, etc. 2

14 4.11 Membership and Organizations 2

15 4.12 Political Activity 1

16 4.13 Seeking! Accepting Compensation17 for Damages 1

18 4.14 Debts 1

19 4.15 Expenditures of Department Funds 2

20 4.16 Correspondence, Letterheads 1

21 4.17 Personal Cards 1

22 4.18 Department Property and Equipment 1

23 4.19 Department Facilities & Property 1

24 4.20 Use of Alcoholic Beverages 3

25 4.21 Gambling 3

26 4.22 Use of Tobacco 1

27 4.23 Controlled Substances 3

28 4.24 Applications for Pistol Permits 1

29 4.25 Harassment 2

30 4.26 Notices, Posting, Circulation 1

31 4.27 Cooperation with Internal Investigations 2

32 4.28 Responsibility of Employees while

33 Suspended From Duty 1


SECTION IV - GENERAL CONDUCT

2

3 4.1 Conduct 3

4 4.2 Courtesy 2

5 4.3 No Connections with Liquor

6 Establishment 2

7 4.4 Personal Associations 2

8 4.5 Frequenting Unlawful Establishments 3

9 4.6 Truthfulness 3

10 4.7 Malicious Rumors 1

11 4.8 Discussing Evidence 3

12 4.9 Divulging Police Information 3

13 4.10 Speeches, Statements, etc. 2

14 4.11 Membership and Organizations 2

15 4.12 Political Activity 1

16 4.13 Seeking/ Accepting Compensation 17 for Damages 1

18 4.14 Debts 1

19 4.15 Expenditures of Department Funds 2

20 4.16 Correspondence, Letterheads 1

21 4.17 Personal Cards 1

22 4.18 Department Property and Equipment 1

23 4.19 Department Facilities & Property 1

24 4.20 Use of Alcoholic Beverages 3

25 4.21 Gambling 3

26 4.22 Use of Tobacco 1

27 4.23 Controlled Substances 3

28 4.24 Applications for Pistol Permits 1

29 4.25 Harassment 2

30 4.26 Notices, Posting, Circulation 1

31 4.27 Cooperation with Internal Investigations 2

32 4.28 Responsibility of Employees while

33 Suspended From Duty 1

Page 54

1 SECTION V - REPORTS2

3

4

5

6

7

8

9

101112131415161718

19202122 * SECTION I23 1.1 Any violation of Sections A, B or C is a Class 1 offense unless the24 alleged conduct constitutes a crime, then said violation is a Class 3 offense.

5.1

5.2

5.35.4

5.5

5.6

5.7

Altering, Delaying or Falsifying Reports

Reporting Violations

Reporting megal Activities

Testimony for Defense

Information Regarding Crime

Actions Against Employees

Address and Telephone Number

SECTION VI - RESPONSIBILITIES OFCOMMANDING OFFICERS AND SUPERVISORS

6.1 Command6.2 Subordinate Incompetency or

Misconduct6.3 Courtesy

1 2

3

4

5

6

7

8

9

10 11


SECTION V - REPORTS

5.1 Altering, Delaying or Falsifying Reports

5.2 Reporting Violations

5.3 Reporting Illegal Activities

5.4 Testimony for Defense

5.5 Information Regarding Crime

5.6 Actions Against Employees

5.7 Address and Telephone Number

12 SECTION VI - RESPONSIBILITIES OF 13 COMMANDING OFFICERS AND SUPERVISORS 14 15 16 17 18

19 20 21

6.1 6.2

6.3

22 * SECTION I

Command Subordinate Incompetency or

Misconduct Courtesy

3

1

2

2

1

2

1

2

3 2

23 1.1 Any violation of Sections A, B or C is a Class 1 offense unless the 24 alleged conduct constitutes a crime, then said violation is a Class 3 offense.

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Documents

JULY 1,2005 - City of Rochester