Appendix B Homework Ranked List Candidates Will Valid For Six

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT

AND

RIVER CITY

FRATERNAL ORDER OF POLICE

LODGE #614,

POLICE OFFICER AND SERGEANTS

EXPIRATION DATE: JUNE 30, 2011

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TABLE OF CONTENTS

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

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

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

ARTICLE 3 – SUBORDINATION ………………………………………………………………………………………… 2

ARTICLE 4 – METRO GOVERNMENT RIGHTS …………………………………………………………………. 2

ARTICLE 5 – NONDISCRIMINATION ………………………………………………………………………………… 3

ARTICLE 6 – MUTUAL OBLIGATIONS AND PROHIBITION OF STRIKES ………………………… 3

ARTICLE 7 – LODGE SECURITY ……………………………………………………………………………………….. 4

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

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

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

ARTICLE 21 – MAINTENANCE OF STANDARDS ……………………………………………………………. 19

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ARTICLE 22 – VEHICLE INSURANCE ……………………………………………………………………………… 19

ARTICLE 23 – LEGAL PROTECTION ……………………………………………………………………………….. 19

ARTICLE 24 – SALARY SCHEDULE ………………………………………………………………………………… 20

ARTICLE 25 – PENSION …………………………………………………………………………………………………… 21

ARTICLE 30 – PAID AND UNPAID LEAVES ……………………………………………………………………. 22

ARTICLE 31 – SICK LEAVE …………………………………………………………………………………………….. 24

ARTICLE 32 – IN-LINE–OF-DUTY INJURIES AND DEATH IN-LINE-OF-DUTY ……………….. 26

ARTICLE 33 – HEALTH INSURANCE ………………………………………………………………………………. 27

ARTICLE 34 – CLOTHING AND EQUIPMENT ALLOWANCES ………………………………………… 28

ARTICLE 35 – LIFE INSURANCE …………………………………………………………………………………….. 29

ARTICLE 36 – TUITION BENEFITS ………………………………………………………………………………….. 29

ARTICLE 37 – PERSONAL PROPERTY REIMBURSEMENT …………………………………………….. 29

ARTICLE 38 – GENDER …………………………………………………………………………………………………… 29

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

ARTICLE 40 – TERM ………………………………………………………………………………………………………… 30

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PREAMBLE

THIS COLLECTIVE BARGAINING AGREEMENT, entered into this ______ day of

________, 2008, by and between Louisville-Jefferson County Metro Government (hereinafter the

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 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

benefits contained in this Agreement. If training requirements are not timely completed within the

ARTICLE 2 – SCOPE

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

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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;

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

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,

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ARTICLE 7 – LODGE SECURITY

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

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

Section 5. Members who are included in the collective bargaining unit but decline

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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

Members or Metro Government officials in order to process grievances filed by Members covered

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

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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

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

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

which would be derogatory to any individual, Metro Government, Louisville Metro Police, County,

State, or which constitutes campaign material for or against any person, organization, or faction

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

attached hereto as Appendix 3, will be renewed; however, the parties agree that in the event Metro

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 officer. Any Member hired prior to the effective date of this

Agreement shall maintain his or her seniority as of the effective date of this Agreement for purposes

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

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

a) Discharged for cause.

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Section 3. Metro Government shall furnish the Lodge on a semi-annual basis a seniority

ARTICLE 10 – ASSIGNMENTS

Section 1. Patrol Platoon Assignment

A. Platoon assignments in all Divisions and the Traffic Unit will be filled based upon

Departmental seniority.

B. Administratively, the seniority rule may have to be overruled to prevent an overload

of less experienced Members on a platoon, or for another legitimate managerial reason which must

be documented to the Chief and subsequently approved by him. If an incident requiring this unusual

action occurs it will be made right as soon as practical.

C. The procedure for making platoon assignments is:

i. Metro Government shall post vacancies in the Division or Traffic Unit affected for a

Section 2. Other Assignments

A. Positions other than those in the Patrol Division and Traffic Unit Platoons must be

posted for a minimum of ten (10) days and have a minimum of three (3) years of service from

sworn date to qualify for appointment. Provided, however, if no applicants are received for these

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Section 3. Highly Sensitive Positions

The Chief reserves the right to appoint Members to the following highly sensitive positions

Section 4. Police Training Officers

Section 5. Other Transfers

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

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

Section 5. Any employee of the Department who assists or participates in the

development of the written examination and/or job simulation or grading or evaluating of

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

below. Both parties agree that disciplinary matters are not subject to the grievance procedure

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 Division or

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

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

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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

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

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

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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 3. Metro Government agrees not to use electronic surveillance equipment in the

investigation of any Member.

ARTICLE 15 – HEALTH AND SAFETY

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

Section 2. No Member shall be scheduled for pre-planned event details or otherwise

without a minimum of ten (10) hours between details unless the Chief deems an emergency exists.

ARTICLE 16 – MILITARY LEAVES

Section 1. Members who are also members of the National Guard or of any reserve

component of the Armed Forces of the United States, shall be entitled to leave of absence from their

respective duties, without loss of time, pay, regular leave, or of any other rights or benefits to which

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

active duty in the Armed Forces of the United States, he or she shall be granted a leave of absence,

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

Member, the complaint shall be under oath in the form of an affidavit, signed, sworn to by the

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:

a. Complete a complaint form and forward to the Chief s Office if the allegations involve

criminal activity.

b. Complete a complaint form if there is information independent of that obtained from the

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

a. The complaint procedure set forth in KRS 15.520 and this Agreement shall be explained

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

Professional Standards Unit. The contents of this information shall be transmitted to the

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

resulting investigation will be forwarded to the Chief or his designee. The Chief upon

receiving the investigative findings and recommendations will review all complaints

e. On complaints where the Chief believes that no misconduct has occurred, he will

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

g. All Professional Standard Unit files shall be maintained in accordance with applicable

statutes and regulations regarding archive retention. In addition, no discipline,

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Section 4.

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

received forty-eight (48) hour written notice. The forty-eight (48) hour written notice shall include a

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

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

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

Member except for attorney work product. Likewise, the Member and the Lodge shall provide

Section 5. Critical Force Incidents.

A. When a Member is involved in the use of deadly force or in any incident that

results in life threatening injuries or death, Metro Government shall notify the Lodge President or

B. When a Member is to be interviewed by the Public Integrity Unit as a result

of his use of deadly force or his actions and conduct in any incident that results in life threatening

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.

i. Unless otherwise provided for, the content of a Member’s personnel file shall be held in

the strictest confidence.

ii. Personnel files shall be available for administrative review by the Louisville Metro

Police Merit Board and paid Members of their staff.

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

agencies when Metro Government is ordered to do so by a lawful subpoena or order of a

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:

(a) Member’s name

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

records file for each Member. A Member’s medical records file becomes a part of the Member’s

official personnel medical file when Metro Government has received medical information

concerning an application for workers’ compensation, disability retirement, normal retirement, long–

term disability claim or termination of employment.

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

E. Members or their authorized (in writing) representatives may review their personnel

records upon request.

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.

iii. Member’s supervisor.

G. Whenever a document is placed in or taken out of a personnel file, the person

performing such act shall indicate so by executing a “sign-in and sign-out list” which shall have the

name of the person, date and the time that the personnel record was either placed in the file or taken

out.

Section 3. Contents

A. The contents of a Member’s official Louisville Metro Police Merit Board personnel

file shall include:

i. Applications for employment or promotion that results in appointment or

promotion.

ii. Employment history, including personnel action documents affecting

appointment, promotion, transfer, salary change, etc.

iii. Copy of commendations.

B. The contents of a Member’s medical file shall be limited to:

i. Metro Government medical examination records.

ii. Records obtained or received from any physician in reference to a Member’s

medical fitness.

C. Member files held by the Chief’s Office shall contain documents necessary for

program operations limited to:

i. Member home address and telephone number including pager number if any.