Appendix B Homework Members With Demonstrable Certification Previous Employment Other

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT

AND

RIVER CITY

FRATERNAL ORDER OF POLICE

LODGE #614,

POLICE OFFICER AND SERGEANTS

JULY 1, 2004 – JUNE 30, 2007

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TABLE OF CONTENTS

PREAMBLE ………………………………………………………………………………………………………………….. 1

ARTICLE 1 – RECOGNITION ……………………………………………………………………………………….. 1

ARTICLE 2 – SCOPE …………………………………………………………………………………………………….. 1

ARTICLE 8 – LODGE BUSINESS …………………………………………………………………………………… 5

ARTICLE 9 – SENIORITY……………………………………………………………………………………………… 7

ARTICLE 10 – ASSIGNMENTS ……………………………………………………………………………………… 8

ARTICLE 21 – MAINTENANCE OF STANDARDS ……………………………………………………….. 20

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ARTICLE 22 – VEHICLE INSURANCE ………………………………………………………………………… 20

ARTICLE 23. LEGAL PROTECTION …………………………………………………………………………… 20

ARTICLE 24. SALARY SCHEDULE …………………………………………………………………………… 21

ARTICLE 25 – PENSION ……………………………………………………………………………………………… 22

ARTICLE 26 – COURT PAY …………………………………………………………………………………………. 22

ARTICLE 27 – OVERTIME …………………………………………………………………………………………… 22

ARTICLE 28 – SPECIAL DUTY PAY ……………………………………………………………………………. 23

ARTICLE 29 – SPECIAL ASSIGNMENT PAY ………………………………………………………………. 23

ARTICLE 30 – PAID AND UNPAID LEAVES ……………………………………………………………….. 24

ARTICLE 35 – LIFE INSURANCE ………………………………………………………………………………… 30

ARTICLE 36 – TUITION BENEFITS …………………………………………………………………………….. 30

ARTICLE 37 – PERSONAL PROPERTY REIMBURSEMENT ………………………………………… 30

ARTICLE 38 – GENDER ……………………………………………………………………………………………… 30

ARTICLE 39 – ENTIRE AGREEMENT …………………………………………………………………………. 30

ARTICLE 40 – TERM…………………………………………………………………………………………………… 31

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PREAMBLE

THIS COLLECTIVE BARGAINING AGREEMENT, entered into this ______ day of

ARTICLE 1 – RECOGNITION

Section 1. Metro Government, pursuant to the Ordinance No. 135 Series 2003 and KRS

67C.107, recognizes the Lodge as the exclusive representative for all non-civilian members of the

Louisville Metro Police Department for the purpose of collective bargaining on all matters within

the legitimate scope of representation.

Section 2. The Lodge recognizes the Mayor’s representative and designee as the sole

representative of Metro Government for the purposes of collective bargaining.

Section 5. Every police officer shall serve a probationary period of one (1) year from

sworn date. During the probationary period, police officers shall be entitled to only the economic

ARTICLE 2 – SCOPE

This Agreement, pursuant to the Collective Bargaining Ordinance, codified in the Louisville

Metro Code of Ordinances, LMCO Section 35.050-35.058 and KRS 67C.107, extends to all matters

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ARTICLE 3 – SUBORDINATION

This Agreement shall, in all respects wherever the same may be applicable herein, be subject

and subordinate to all applicable Metro Government ordinances and resolutions, statutes,

constitutional provisions and any revisions, amendments or newly adopted provisions to any

ordinance, statute or constitutional provision which is in effect upon the effective date of this

ARTICLE 4 – METRO GOVERNMENT RIGHTS

Section 1. The Lodge recognizes the prerogative of Metro Government to operate and

manage its affairs in all respects in accordance with its responsibilities, and that the powers of

authority which have not been officially abridged, delegated or modified by this Agreement are

Section 2. The exclusive rights of Metro Government include, but are not limited to, the

right to:

a. determine the mission of its constituent departments, divisions, commission, and boards;

subject to applicable state law and merit board rules and regulations;

b. set standards of service;

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h. determine the methods, means and personnel by which operations are to be conducted;

Section 3. This Agreement is not intended to restrict consultation with the Lodge

ARTICLE 5 – NONDISCRIMINATION

Section 1. Metro Government will not interfere with or discriminate in respect to any

Section 2. The provisions of this Agreement shall apply equally to and be exercised by

ARTICLE 6 – MUTUAL OBLIGATIONS AND PROHIBITION OF STRIKES

Section 1. Metro Government acknowledges the Lodge as the recognized organization

representing sworn members of LMPD as set forth in Article 1, and therefore, shall bargain

Section 2. The Lodge recognizes Metro Government Mayor as the designated

representative of Metro Government and shall bargain promptly upon request by the Mayor and

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Section 3. The Lodge shall neither cause nor counsel any Member to engage in,

encourage, sanction or support any work stoppage, mass absenteeism, slowdown, mass resignation,

ARTICLE 7 – LODGE SECURITY

Section 1. Membership in the Lodge is not compulsory. Members have the right to join

or not join and neither party shall exert pressure or discriminate against a Member regarding such

Section 2. Lodge membership dues and fair share dues shall be deducted monthly in an

amount certified by the Lodge. Members wishing to revoke their Lodge membership must notify

Section 3. Lodge membership dues and fair share fees shall be transmitted to the

Treasurer of the Lodge by the fifteenth (15th) day of the succeeding month after such deductions

Section 4. Metro Government agrees to deduct from the wages of any Member, any

such sums of money as requested by said Member, as long as it is a continual or regular deduction,

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ARTICLE 8 – LODGE BUSINESS

Section 1. The Lodge may select not more than ten (10) persons and the Lodge

President to represent the Lodge in the negotiation of collective bargaining agreements during

working hours without loss in compensation. The persons so designated shall be allowed a

reasonable time off without loss of compensation to prepare proposals, collect data, meet with

Section 2. A maximum of three (3) representatives from the Lodge, representing the

Lodge, shall be granted leaves with pay for the purposes of meeting with other Metro Government

Section 3. The Lodge may select no more than six (6) representatives who shall be

allowed to attend extraordinary as well as regular sessions of the Kentucky General Assembly.

Section 4. The President of the Lodge shall be authorized leave to attend conventions,

seminars, meetings, and to handle grievance processing and other business of the Lodge for a period

of eighty-five (85) calendar days with pay, and thirty-five (35) calendar days without pay in one (1)

Section 5. The Chief shall authorize leave with pay for at least ten (10) duly elected

Section 6. Elected Members of the Lodge shall be allowed to attend regular and special

board and general Membership meetings during regular work hours without loss in compensation.

Section 7. The two (2) police officers elected pursuant to KRS 67C.305 (3) who serve

Section 8. Three (3) Lodge Members, selected by the Lodge and subject to the approval

of the Chief of Police, with the option of additional names being required, shall be granted leave

with pay for a period of time not exceeding three (3) calendar days, necessary to attend and

represent the Lodge and the Division of Police at wakes and funeral services within 350 road miles

Section 9. Metro Government agrees to provide the Lodge designated space on

available bulletin boards upon which the Lodge may post notice of meetings, announcements, or

information of interest to its Members. The Lodge further agrees that it will not post any material

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Section 10. The existing lease for Lodge parking facilities, in substantially the form

ARTICLE 9 – SENIORITY

Section 1. The seniority of a Member shall commence on the first date of employment

as a Louisville Metro Police recruit or Member. Any Member hired prior to the effective date of this

Agreement shall be given the seniority agreed upon by Metro Government prior to hiring for

purposes of salaries and annual leave accrual. Any Member hired after the effective date of this

Section 2. Seniority shall be considered continuous unless the Member is:

a) Discharged for cause.

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ARTICLE 10 – ASSIGNMENTS

Section 1. Platoon Assignment

A. Platoon assignment will be made by choice of the Member as much as

possible. When more Members request a shift than there are positions available, assignments will be

based upon Departmental seniority. The rule would be applied as follows:

i. When a District or Traffic Unit platoon assignment is to be filled, Metro Government

shall post the assignment in the District or Traffic Unit affected for a period of not less

than ten (10) days prior to the assignment being filled.

ii. When a Member leaves a District, all Members in the District may bid on the

opening caused by that leaving. As an example, a Member on day work leaves a District

iii. A District or Traffic Unit platoon assignment vacancy occurs upon the effective date

of a Member’s transfer, retirement, promotion, resignation or demotion. Nothing herein

shall prevent the Department from temporarily assigning Members pending the filling of

an opening.

iv. In cases of vacancy, commanding Member platoon assignments will be based on the

Member’s promotional date (i.e., the date of the Member’s most recent promotion

appointment). In the case of “ties”, Departmental seniority will be the determining

factor.

B. All positions other than those in the District and Traffic Bureau Platoons have the

following minimum service eligibility requirements:

i. A Member applying for a vacancy in a major case, Criminal Investigation Unit or

Training Unit must have three (3) years of service from sworn date to qualify for

assignment. The Chief may remove a candidate for just cause prior to the expiration of

the ranked list.

ii. A Member applying for a vacancy in a non-platoon District or Traffic Unit position

must have two (2) years of service from sworn date to qualify for assignment. Any said

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iii. A Member applying for a vacancy in a part-time specialized team (i.e., Honor Guard,

Bomb Squad, Dive Team, Hostage Negotiations Team, Dignitary Protection Team,

iv. A Member applying for a vacancy in the Mounted Patrol Air Patrol or the River

Patrol must have two (2) years of service from sworn date to qualify for assignment,

provided however, the service requirement may be waived for non-probationary

Members with demonstrable certification, previous employment, or other qualifications.

v. A Member applying for appointment as a Field Training Member (FTO) must have

three (3) years from sworn date to qualify for appointment.

vi. Seniority applies to all Districts First (1st), Second (2nd), and Third (3rd) Platoons and

Section 2. Specialty Unit Selection Process

The following procedure shall be utilized by the Department for any vacancies in a Major

Case Unit, Criminal Investigation Unit, or Training Unit:

i. Unit Commanders of Specialized Units shall notify the Chief of Police when any

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ii. Candidates applying for vacancies must have three (3) years of service (from sworn

date), to qualify for assignment, except for undercover assignments. Candidates will be

iii. The Chief or his designee will forward the candidates’ information to the appropriate

Specialized Unit Commander, who will schedule the interviews within seven (7) to ten

(10) days of expiration of vacancy posting. Interviewers will conduct the interviews and

then rank the candidates in order of preference and recommend their selection through

iv. The Chief reserves the right to appoint the selected to the following highly sensitive

Section 3. Department Members who desire to transfer from one Patrol District to

another Patrol District shall make their request by submitting a “Request for Reassignment” form. A

ARTICLE 11 – PROMOTIONAL VACANCIES

Section 1. Promotional vacancy positions that are within the classified service regulated

Section 2. A vacancy shall be deemed to exist when a position in the classified service

is vacant due to demotion, death, resignation, retirement, promotion or creation of a new position.

Section 3. Metro Government shall provide written notice to the Lodge that a position

Section 4. Metro Government and Lodge shall meet to discuss any proposed changes to

ARTICLE 12 – GRIEVANCE PROCEDURE

Section 1. Any controversy between Metro Government and the Lodge concerning the

meaning and application of any provisions of this Agreement shall be adjusted in the manner set out

Section 2. A Member filing a grievance shall be allowed Lodge representation

consisting of one person on the Lodge committee and/or legal counsel at all grievance meetings.

The following rules for the presentation and solution of grievances or requests are prescribed:

Step 1. The grievance shall be brought to the attention of the Member’s District or

Unit commander within seven (7) days from the time circumstances giving rise to the

grievance occur. The grievance shall be in writing, dated and signed by the Member. The

Step 2. If the Member is not satisfied with the answer obtained in Step 1, he may

appeal the grievance in writing to the Chief of Police; provided that the appeal is

Step 3. If the aggrieved is not satisfied with the answer obtained in Step 2, he may

appeal his grievance to the Mayor within seven (7) days after the receipt of the aggrieved

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Step 4. If the aggrieved or the Lodge is not satisfied with the answer obtained in Step

3, either may seek advisory arbitration within seven (7) days after the receipt by the

aggrieved of the Step 3 answer. The Lodge shall notify Metro Government of its

intention to proceed to arbitration by notice to the Louisville Labor Management

Committee or the Federal Mediation and Conciliation Service (FMCS) of the intent to

proceed to advisory arbitration and a request for a submission of a list of arbitrators. An

Section 3. If a grievance is not presented within the time limits set forth in this Article,

the grievance shall be considered waived. If a grievance is not appealed to the next step within the

specified time limit or any extension thereof, it shall be considered settled on the basis of Metro

Section 4. The grievance procedure contained in the Collective Bargaining Agreement

ARTICLE 13 – STANDARD OPERATING PROCEDURE

Section 1. Metro Government has the right to promulgate reasonable rules and

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Section 2. No changes in the Standard Operating Procedures of the Louisville Metro

ARTICLE 14 – CONDITIONS OF EMPLOYMENT

Section 1. A Member shall not be required to take a polygraph examination as a

condition of continued employment.

Section 2. A Member shall be required to submit to a blood test or urinalysis under the

Section 4. No Member shall be required as a condition of continued employment to

ARTICLE 15 – HEALTH AND SAFETY

Section 1. The Department will take reasonable precautions to safeguard the health and

Section 3. The Department will make available at each District and Headquarters on a

twenty-four (24) hour basis the following equipment: personal protection equipment (PPE) kit

ARTICLE 16 – MILITARY LEAVES

Section 1. Members who are also members of the National Guard, the Military Reserve

Section 2. Should a Member or a probationary police officer be inducted or enlisted into

Section 3. A Member inducted or enlisted into active duty with the Armed Forces of the

ARTICLE 17 – DISCIPLINARY PROCEDURE AND BILL OF RIGHTS

Section 1. When a complaint alleging misconduct or rule violations is made against a

Section 2. If the complainant does not wish to file a formal complaint under oath, the

Professional Standards Unit shall do one of the following:

Section 3. Complaints of misconduct received by telephone shall be handled as follows:

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c. The complaint inquiry form shall be maintained solely and exclusively by the

d. If a complaint is investigated by the Professional Standards Unit, the complaint and

f. If, after reviewing the complaint, the Chief concludes that the Member is guilty of

misconduct or violations of the rules, regulations or procedures, the Chief may impose

Section 4.

A. No Member shall be questioned regarding alleged misconduct until he has

B. A Member may be required to submit a written report concerning the alleged

misconduct only if the request is made no later than the end of the Member’s next tour of duty after

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C. All statements or interviews of Members, complainants and other witnesses

D. Upon request of the Member under investigation or his representative, the

E. Metro Government shall provide the Member any written statements in the

possession of the Department and used in connection with any disciplinary action taken against the

Section 5. Critical Force Incidents.

A. When a Member is involved in the use of deadly force, Metro Government

shall notify the Lodge President or his designee and designated Lodge counsel. The Lodge shall

ARTICLE 18 – PERSONNEL FILES

Section 1. Personnel records are the repositories of official information regarding an

active, terminated or retired Member of Metro Government.

Section 2. Custody and Review

A. The Secretary Examiner of the Louisville Metro Police Merit Board shall be the

official records custodian and shall be responsible for maintaining and securing all personnel files.

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iii. Information from a Member’s personnel file shall be released to any other persons or

iv. Metro Government shall be responsible for developing and following retention

schedules which comply with appropriate laws and regulations for all records and

personnel files. The following information contained in a Member’s personnel file shall

be considered matters of public record and may be released or verified without express

permission of the Member:

B. The duties of the Health and Safety Officer shall be maintained. The Human

Resources Unit with the Louisville Metro Police Department shall maintain the official medical

C. The Chief s office may maintain an operating file on each Member within the

Department.

F. To preserve confidentiality and protect the privacy of Members, access to a

Member’s personnel records shall be restricted to the following:

i. Secretary/Examiner of the Merit Board.

ii. Member who is the subject of the file or authorized representative.