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AGREEMENT between THE CITY OF MUSKEGON, MICHIGAN and THE FRATERNAL ORDER OF POLICE LABOR COUNCIL Representing The City of Muskegon Command Officers January 1, 2023 through December 31, 2027 SECTION 34 SAVINGS CLAUSE 27 SECTION 35 EDUCATION PAY 27 SECTION 36 DEFINED BENEFIT RETIREMENT PLAN 28 SECTION 37 DEFINED CONTRIBUTION RETIREMENT PLAN 30 SECTION 38 DRUG TESTING POLICY 30 SECTION 39 RESIDENCY 30 SECTION 40 PHYSICAL FITNESS 31 SECTION 41 PUBLIC SAFETY 31 SECTION 42 PROMOTIONS 31 SECTION 43 MISCELLANOUS 31 SECTION 44 DURATION AND RENEWAL 32 APPENDIX A WAGE SCHEDULE 33 APPENDIX B POLICE UNIFORM AND EQUIPMENT 34 2 committee will not be recognized beyond the area designated, or to the extent of authority delegated to them, except in emergencies, until property authorized by the Union. 1. The members who are employees of the Employer shall be paid by the Employer for the time spent during their regularly scheduled working hours in the processing of grievances and in the negotiations relating to the Employer at their regularly established straight- time rate. 2. The maximum number of employees including bargaining committee members who shall be paid by the Employer while conducting negotiations, and while processing a specified grievance, shall be three (3). 3. The Union representatives who are employees of the Employer shall be governed by the departmental rules regarding employees entering and leaving the Department. Members of the bargaining committee may leave the Department on negotiations and grievances within the bargaining unit when their arrangements are made in advance with the Public Safety Director or designee by the Chief Steward or Shift Stewards. 4. Any representatives of the Union employed by the Employer, having an individual grievance in connection with their work, may be permitted to have a Steward assist them in the Grievance Procedure. 5. Discharge and Discipline - Should any provision of the five (5) following subsections be inconsistent with or contrary to any provisions of the grievance procedure, the grievance procedure shall control. 6. Before any disciplinary action exceeding five (5) days without pay, up to, and including discharge is taken against an employee, the employee shall be given an opportunity to state his or her position and offer any evidence immediately available to his or her superior officer who is rendering such discipline. Notice of such discipline shall be given to the Union by the Employer pursuant to this section, within forty-eight (48) hours of the indication of such discipline or discharge, except as specifically stated hereinafter. The notice will be delivered to the Chief Steward, Shift Steward, or Alternate Stewards. 7. Except for verbal warnings, the charges resulting in disciplinary action exceeding five (5) days without pay, up to, and including discharge shall be reduced to writing within forty- eight (48) hours, excluding holidays and weekends, by the commanding officer recommending the action or by the Public Safety Director, and copies shall be furnished, if the employee wishes, to the Chief Steward or Stewards and to the employee against whom the charges are brought. The employee shall sign a copy of the charge with the understanding that said signature by the employee does not necessarily constitute acceptance of the disciplinary action. 4 5. The Employer's remittance shall be deemed correct if the Union does not give written notice to the Finance Director within two (2) calendar weeks after remittance is transmitted of its belief, with reason(s) stated therefore, that the remittance is incorrect. 6. The Union shall provide at least thirty {30) calendar days written notice to the Finance Director of the amount of Union dues and representation fees to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Finance Director at least thirty {30) calendar days prior to its implementation. Save Harmless Clause - The Union agrees to defend, indemnify and save the Employer harmless against any and all claims, suits, or other forms of liability arising out of its deduction from an employee's pay of Union dues, or representation fees or in reliance upon any list, notice, certification or authorization furnished under this Article. The Union assumes full responsibility for the disposition of the deductions so made once they have been sent to the Union. SECTION 6 - MANAGEMENT RIGHTS The Employer retains all the rights, powers, functions, and authority which it had prior to the signing of this Agreement, including those with respect to wages, hours, and working conditions, except as those rights, powers, functions, or authority are expressly and specifically abridged, modified or limited by this Agreement, and then only to the extent so specifically and expressly abridged, modified or limited. Except as otherwise provided in this Agreement: 1. Nothing in this Agreement shall be construed to limit in any way the Employer's sole and exclusive right to manage its operation and the services it provides efficiently and economically, including the right to determine the services to be performed, and the quantity and quality of those services, the methods of performing the services; the determination of the size of the working force; the hiring of new employees; the discipline or discharge of employees for just cause; the right to maintain order and efficiency, to relieve employees from duty because of lack of work or for other legitimate reasons; the right to establish, change or introduce new or improved methods, equipment or facilities; the right to establish, change or introduce standards of safety and safer operating practices; the right to establish and alter all conditions and qualifications of employment (as related to the hiring of new employees and subject to the rules and regulations of the Civil Service Commission of the City of Muskegon). 2. Transfer employees from one shift to another on a temporary basis, except to avoid the payment of overtime; transfer employees to other positions within the department; require employees to perform outside their assigned job classifications which such assignment is, in the management's judgment, advisable regardless of the availability of 6 the section(s) of the contract which are alleged to have been violated signed by the Union and forwarded to the Public Safety Director. Step 3 - The Public Safety Director shall give a written answer to the grievance within seven (7) business days. If it is not satisfactory to the Union, the matter may then be taken to the City Manager within twelve (12} business days following written answer from the Public Safety Director. Prior to submission of the grievance at the City Manager's level, the grievant shall elect whether the employee desires to proceed under the Civil Service Rules and Regulations as adopted July 20, 1955, as amended, or to arbitration, under the terms and conditions of the grievance procedure. If the Union desires a hearing with the City Manager, same may be requested, and the City Manager or designee shall schedule such a hearing. The City Manager or designee shall render a written disposition of the grievance within twelve (12) business days following said hearing. Step 4 - In the event a grievance is not resolved at Step 3, either the Employer or the Union may initiate arbitration by submitting a notice in writing of such intent to the other party within ten (10} business days following the day the written disposition was given at Step 3. In the event either party shall fail to serve such written notice, the matter shall be considered settled on the basis of the last answer. The moving party shall have thirty (30} business days to request to the Michigan Employment Relations Commission (MERC} for the appointment of an arbitrator which will be selected in accordance with Michigan Employment Relations Commission (MERC} procedures. 1. The arbitrator so appointed shall have the authority to resolve disputes between the parties only over matters which are covered by this Agreement or any supplementary agreement. 2. The expenses of the arbitrator shall be shared equally by the parties. 3. Any matter resolved by settlement or dismissal short of the issuance of a written disposition by the City Manager shall have no precedent value whatsoever as to future grievances. 4. Extensions of time for any step in the grievance procedure may be agreed upon in writing by the parties hereto. SECTION 8 - BULLETIN BOARDS 1. The Employer shall provide space for one bulletin board in a mutually acceptable location to be used by the Union. 8 days' notice of any change to shift hours, unless changes are mutually agreed upon. Voluntary split shifts may occur within the Specialist Divisions provided they occur within twenty-four (24) consecutive hours and only with the prior approval of the Director of Public Safety or designate. For road patrol, the normal start time of the shifts will be 5:30 a.m. for the day shift and 5:30 p.m. for the night shift. The Employer shall have the flexibility of having start times moved between the hours of 5:00 a.m. to 8:00 a.m. for day shift and 5:00 p.m. to 8:00 p.m. for night shift. The Employer may implement an "echo" shift with a start time between the hours of 11:00 a.m. and 3:00 p.m. If there is a change in the start hours, the Employer will give the employees affected 30 days' notice. 2. Employees will work under permanent shifts with the selection of shifts being made on a strict seniority basis within rank and division (and/or bureau). Employees shall choose their permanent shift to cover a period of one year with it being effective the first Sunday in January. This choice will be made prior to the start of the shift selected. Shift selection will be made on a basis of the most senior officer within rank and division (and/or bureau) having first choice, the next senior officer having second choice, and so on. If an officer is reassigned from one division to another, then rank seniority shall prevail for shift selection. 3. The Public Safety Director may assign a probationary employee to any shift for training purposes, but no employee may be reassigned from a shift to provide an opening for such probationary employee. SECTION 13- OVERTIME- COMPENSATORY TIME 1. Overtime shall be paid at the rate of one and one-half times, any hours in excess of a scheduled shift, or hours above the eighty-four (84) hours per paid period, except when working for another officer by agreement with that officer. The requirement to pay overtime for work in excess of the scheduled shift is not applicable when the employee is using flex time pursuant to Section 13.4. 2. The parties agree that employee training and development is mutually beneficial. It is further agreed that occasional flexibility in shift schedules and regular leave days is necessary to attend training. Training that occurs during an employee's work schedule and lasts more than six (6) hours (including travel time), shall count as the employee's work day. If training occurs during an employee's work shift, and is less than six hours (including travel time), that employee may have to work the other shift hours as required by the Employer. If training occurs while the employee is off, the Employer will pay overtime to the employee or grant a different day off, as agreeable to the parties. The Employer shall compensate required supervised firearms training with three (3) hours of compensatory time for each qualification session or two (2) hours of overtime pay, with the choice being made by the employee, if an officer is required to attend off-duty. This 10 b. The employee is discharged and the discharge is not reversed through the procedures set forth in this Agreement. c. The employee is absent for three (3) consecutive working days without proper authorization of the Public Safety Director. In proper cases, exceptions shall be made upon the employee producing convincing proof of inability to obtain such authorization. After such absence, the Employer will send certified written notification to the employee at his last known address that because of the unexcused absence the employee has voluntarily quit and is no longer in the employ of the Employer. d. If the employee does not notify the Employer within three (3) days after receipt of certified written notification to return to work after layoff, as to the date when the employee will return, which date must be within one (1) week after the delivery of such notice to his last known address. In no event shall the return to work be in excess of ten (10) days following receipt of the notification. Exceptions shall be made upon the employee producing convincing proof of his inability to return as required. e. If an employee is laid off during the term of this Agreement for a continuous period equivalent to his departmental seniority. However, in no event will employees laid off for a continuous period in excess of five (5) years retain their seniority. SECTION 15- LAYOFF AND RECALL 1. Order of Layoff a. No permanent or probationary employee shall be laid off from his position in this Bargaining Unit while any temporary or provisional employees are serving in the same position class in the Department. b. Except as provided below, the layoff of probationary or permanent employees shall be in inverse order of seniority within each classification in which lay-offs are to occur. 2. Demotion in Lieu of Layoff - Except as provided below, an employee subject to layoff who so requests, in accordance with Civil Service rules and regulations, shall, in lieu of layoff, be demoted by seniority to a lower position in the Police Department. 3. Notice of Layoff - Employees to be laid off shall be given at least fourteen (14) calendar days prior notice. 12 e. Overtime ends when the employee concludes the employee's testimony and is permitted to leave the court. f. No overtime will be paid to an employee who is on sick leave during the first five (5) days of a continuous sick leave. g. The employee turns in properly documented subpoena denoting witness fees and mileage, with such fees to be turned over to the Employer. Subpoena is to be attached to a properly completed and authorized overtime request slip. 4. An employee who is required to appear in a Court Proceeding or Administrative Tribunal during vacation time that was drawn prior to issuance of a subpoena and who makes such appearance shall be paid at two and one half times their normal rate with the two or three hour minimum as set forth in section 16.3. Employees shall have the option of taking pay or compensatory time for the court time. 5. An employee who calls sick but does appear in court during that regularly scheduled 8-hour or 12-hour shift will have the court appearance time credited as regular duty time and it will not be deducted from the employee's sick leave bank. Example: Regular Shift - 6:00 am to 6:00 pm Court Appearance - 2 hours between the hours of 6:00 am and 6:00 pm. Credited 2 hours duty time and ten (10) hours charged against sick bank. 6. An employee who appears in court during the day upon which he has called sick, but the court appearance is for a time other than his regularly scheduled 8-hour or 12-hour tour of duty will receive overtime pay without regard for his sick leave status. Example: Regular Shift - 6:00 am to 6:00 pm Court Appearance - 4:00 pm Two (2) hours overtime pay with 10-hours charged against the employee's sick leave bank. Overtime will be paid for all court time not encompassed in an officer's regular 8-hour or 12-hour tour of duty without regard to whether the officer worked his regular shift or whether he was sick and did not work his shift. SECTION 17 -VACATION Vacation time shall be earned as follows: 1. Vacation days shall be accrued as follows: 14 7. In accumulating vacation leave, sick leave not exceeding one-thousand-fifty-six (1056) hours in any one year shall be counted as time worked. Absence because of duty- connected disability shall be counted as time worked. SECTION 18- SICK LEAVE Sick leave shall be accumulated at the rate of eight (8) hours per month of employment during the preceding calendar year. 1. Sick leave time shall be accumulated at the rate of .04615 hours for each qualified hour of employment during the current calendar year. The accumulation shall not exceed ninety-six (96) hours during any one calendar year. "Qualified hours of employment" shall include regularly scheduled work hours, vacation leave, sick leave, holiday leave, personal leave, and time off due to work-related injury or illness subject to the limitations outlined below. Sick leave will accrue for overtime hours only to the extent that the employee's regularly scheduled hours are reduced by extraordinary overtime demands. Sick leave will not accrue for unpaid absence. 2. Sick leave may be accumulated up to a maximum of one-thousand-fifty-six (1056) hours. After an employee has accumulated one-thousand-fifty-six (1056) hours of accrued, unused sick leave, then all additional accruals shall be paid annually on January 31 at the rate of seventy-five percent (75%) if paid to the employee or one-hundred percent (100%) if deposited into the employees Section 457 account, or MESP account, but after all applicable federal, state or local taxes have been deducted. Employees with any accrued unused sick leave time may elect to cash in any accrued unused sick leave time and be paid annually at the rate of seventy-five percent (75%) if paid to the employee or one hundred percent (100%) if deposited into the employee's Section 457 account or MESP account, with such payment being made consistent with the City's policy in March. 3. An hour of sick leave shall be cancelled for each hour an employee would have worked during the normal work week and shall be paid for at the rate an employee would have earned on that particular day, exclusive of overtime. 4. Vacation time, sick leave, or absence because of duty-connected disability shall be counted as days worked in calculating sick leave. 5. An employee may request to anticipate sick leave during the first year of employment, which, if granted, shall be deducted from his accumulation during that year. 6. Sick leave will be taken only for the following reasons: a. Any illness an employee may contract preventing him from performing normally and safely at work; 16 injured employee is unable to perform his/her regular duties or such other temporary tasks available in the framework of the City functions. If an employee is absent from work due to duty-connected disability, for a period of one- hundred-eighty {180) calendar days from date of injury, said employee will continue to accrue sick leave. This provision may be extended past one-hundred-eighty {180) days at the discretion of the Employer. Any employee disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon, who has exhausted their sick leave option, shall receive economic accruals as of that date, except as specifically stated in the following subparagraphs: a. Seniority shall continue to accrue. b. Sick leave shall not be accrued, accumulated, or paid to an employee for any time when the employee has not worked. In no event shall any employee who has been disabled and absent from duty as a result of service-connected injury incurred in the course of employment with the Employer take vacation time off in any one year in excess of that provided for in Section 17 -Vacations. Any vacation days accumulated, but not used prior to the injury in excess of the maximum under Section 17 shall be paid to the employee in the year the employee returns to duty. 8. In the event of a confining illness, and provided the sick leave accumulation has been exhausted, the Employer may authorize an extension of leave to the extent of five (5) days for each year of service, not to exceed an additional sixty {60) working days. Provided, however, that, in the case of an employee who shall have been in the Employer's service for more than fifteen {15) years, such additional leave may be extended not to exceed six {6) months, instead of sixty {60) working days. 9. No compensation for sick leave will be authorized if the employee fails to notify the department at least one-half hour before his normal starting time. After notifying their department of their need to take sick leave, employees will not be permitted to change the type of leave taken from sick leave to vacation or personal leave. 10. Upon termination of employment under honorable conditions, accrued sick leave will be compensated at the rate of one hundred percent {100%) of the value of the accumulated sick leave whatever account the employee chooses {457 account, MESP, or cash), providing the employee has worked a minimum of twelve {12) months with the Employer. 12. Employees who are unable to use all of their earned vacation time in a given year may elect to convert up to 120 hours of unused vacation leave to sick leave. Vacation days converted to sick leave will be treated the same as regular sick leave including the option to cash-out accumulated sick leave. All such requests for vacation conversion must be 18 Employees required to work on a holiday shall be paid two and one-half {2 ½) times their regular hourly rate of pay for all hours worked on a holiday. In lieu of the additional holiday pay, specialist personnel (non-uniformed) and Patrol Captain, shall have the days off with pay. In the event that a holiday falls on a normal day off, the lieutenants and sergeants assigned to road patrol shall receive twelve {12) hours of compensatory time or twelve {12) hours pay; specialist personnel (non-uniformed), shall receive either eight (8) hours of compensatory time or eight {8) hours pay. In the event the holiday falls on what would be normally an authorized sick time, such time shall not be taken from the employee's sick leave bank. SECTION 20- BEREAVEMENT LEAVE 1. In the event there is a death in the immediate family of any employee, consisting only of parent, grandparent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter- in-law, brother-in-law, sister-in-law, and grandchild, and the employee attends the funeral service, such employee shall be granted up to forty eight {48) hours for a spouse, child or step-child and twenty-four {24) hours for a parent, grandparent, brother, sister, mother-in-law, father-in-law, son-n-law daughter-in-law, brother-in-law, sister-in-law, and grandchild. Leave of absence shall be with full pay. An employee shall be granted up to twelve {12) hours absence with pay in the event of a death in the family of such employee other than herein before set forth, provided the employee attends the funeral service; employees assigned to a special service unit shall be granted time off up to their scheduled workday. An employee working an 8.5-hour day would be granted any amount up to 8.5 hours to attend the funeral. SECTION 21- UNIFORM ALLOWANCE Effective January 1, 1993, the following uniform and equipment provisions apply: 1. Uniforms and equipment shall be provided as listed on Appendix B. 2. Dry cleaning shall be provided for uniformed officers as soon as possible. Rules and procedures covering the specifications shall be provided by the Public Safety Director. The City shall designate where uniforms are to be dropped off and City shall pay such expense. 3. The Employer shall provide a civilian clothing allowance for police personnel assigned to plain clothes tasks in the amount of $650.00 annually paid bi-weekly and subject to Rules and Regulations provided by the Public Safety Director. 20 4. HMO Plan As long as the budget allows, the Employer will continue to cover the deductible and coinsurance. If the Employer proposes to change or terminate the coinsurance during the term of the contract, the Employer shall notify the Union in writing at least sixty days prior to the change, and the Union will have the option to reopen the contract to negotiate the alternative for how Employees will fund the HMO plan's coinsurance. 5. Employee Prescription Coverage During the life of this agreement, the prescription drug co-pay for employees covered by the self-funded/master medical plan shall be $20 for generic drugs and $40 for brand name drugs. During the life of this agreement, the prescription drug co-pay for officers covered the HMO shall be the amount determined by the HMO. The drug rider shall be maintained for and on behalf of the employees and their dependents. 6. Employee Dental and Vision Insurance During the life of this agreement, the employer will provide and pay for a dental and vision plan for all eligible employees and dependents. 7. Employee Life Insurance During the life of this agreement, the employer will provide and pay for a term life insurance policy with a face amount equal to the employee's straight time annual salary, so long as the employee is eligible for coverage and is employed by the Employer. 8. Employer Professional Liability Insurance During the life of this agreement, the employer will provide and pay for police professional liability insurance for and on behalf of each officer covered by this agreement. The limits of liability shall be $250,000 for each officer and $500,000 for each incident. SECTION 23- RETIREE HEALTH INSURANCE The employer shall offer a health plan for all retirees, spouses and dependents. Spouses and dependents must be covered under the active employee health insurance plan at the time of retirement to be eligible for retiree coverage. Retirees and spouses are eligible for retiree health insurance coverage until they reach age 65. Dependents are eligible for coverage until the end of the month in which they turn age 26. Employees hired after January 1, 2012 are not entitled to retiree health insurance. The benefits are: 22 DEFERRED RETIREMENT Years of service Benefit amount 10-14 years 50% of any benefit 15-19 years 75% of any benefit 20 or more years 100% of any benefit SECTION 23 - SHIFT PREMIUM 1. A shift premium shall be paid to any officer regularly assigned the traditional night shift. The shift premium will be one-and-one-half percent in 2023. The shift premium will be two percent in 2024. The shift premium will be two-and-one-half percent in 2025. The shift premium will be three percent in 2026. There will be no pyramiding of shift premium and shall not be included in overtime, court-time, etc. SECTION 24- MEDICAL LEAVES OF ABSENCE Employees holding positions in the Classified Service shall be entitled to a leave of absence for reasons of health sufficient in the opinion of the Civil Service Commission to warrant such leave. Such leave of absence may require three (3) year continuous service with the Employer and may be granted for one (1) year and renewed upon proper application. SECTION 25- MILITARY LEAVE Employees who are called to active duty with the Armed Forces of the United States shall have the rights and duties as prescribed by the City of Muskegon Civil Service Rule IX, Section 2(2), "Military Leave of Absence" rule as it may be amended from time to time. SECTION 26 - SALARY AGREEMENT Wages and salaries for employees covered by this Agreement shall be for the term of this Agreement and shall be in accordance with the Schedule set forth in Appendix A attached hereto and incorporated herein by reference. 1. There shall be neither pyramiding of the overtime provisions of this Agreement nor pyramiding of overtime provisions with holiday pay. 2. The pay increase provided within the Schedule shall be received upon recommendation of the Public Safety Director. 3. The straight time rate for the purpose of computing overtime and holiday pay and other benefits shall be the annual salary divided by 2184 hours. 24 receiving workers' disability compensation payments shall be considered as "on the payroll" for purposes of receiving longevity pay. 4. During the calendar year in which an employee retires under one of the City's retirement plans, he shall be entitled to receive, at the time of the semi-annual payment of longevity, a pro-rated portion of his longevity pay based on days worked. 5. All compensation for employees is subject to deduction for income tax and retirement benefits. SECTON 29- NO STRIKE CLAUSE During the life of this Agreement, the Union shall not cause or permit its members to cause, nor shall any member of the Association take part in any sit-down, stay-in, slow-down, curtailment of work, restriction of production, or interference of the operation and services of the Employer. 1. The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in any strike or stoppage of any of the Employer's operations. 2. The Union agrees it will take prompt affirmative action to prevent or stop unauthorized strikes, work stoppages, slow-downs of work, picketing or work interference of any kind by notifying the employees that it disavows these acts. The Union further agrees that the Employer shall have the right to discipline (including discharge) any or all employees who violate this Section, and such action shall not be subject to the Grievance Procedure of this Agreement. In addition, the Employer shall have the right to terminate this Agreement by notice in writing to the Union in addition to any remedies it may have for violation by law. In addition, the Employer shall have the right to seek injunctive relief and damages against the Union. 3. The committee men and officers of the Union shall take prompt affirmative action to try to prevent any wildcat strike, work stoppage, slow-down of work, picketing, or work interference of any kind. 4. The Employer, for its part, agrees that there shall be no lockout during the term of this Agreement. This lockout provision shall not apply in the event of any strike taking place during the life of this Agreement. SECTION 30 - WAIVER CLAUSE The parties acknowledge that during the negotiation which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of this right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, 26 4. Officers are eligible to participate in any city sponsored tuition reimbursement that is available to other units and non-represented employees of the city. SECTION 35 - DEFINED BENEFIT RETIREMENT PLAN 1. Eligibility-The Defined Benefit Retirement Plan is applicable only to unit members hired on or before July 28, 2006. 2. Transfer to Municipal Employees Retirement System - Effective July 1, 2006, the assets and liabilities of the City of Muskegon Police - Fire Retirement System associated with City employees represented by the Command Officers Association of Michigan shall be transferred to the Municipal Employees Retirement System (MERS}. Employees shall no longer have any rights from claims against or participation in the City of Muskegon Police- Fire Retirement System. 3. Contribution Rate - Effective December 31, 2022, employees shall contribute three percent {3%} of compensation as defined by MERS. 4. Retirement Benefit - An employee who retires after July 1, 2006, shall be entitled to a retirement benefit pursuant to MERS Benefit Program. For employees who retire after January 1, 2007, the pension multiplier shall be three percent {3%} of final average compensation (MERS FAC-3}, not to exceed eighty percent {80%} of employee's final average compensation. Employees shall also be entitled to the MERS RSS0 spousal benefit. Effective March 1, 2013, the final average compensation shall not include more than 240 hours of leave time and shall not include any overtime (as defined in Section 14} paid after March 1, 2013. After March 1, 2013, overtime earnings shall not be subject to the employee's six percent (6%} MERS contribution. Effective January 1, 2019, overtime shall be subject to the employee's contribution and included in final average compensation. Between January 1, 2019, and December 31, 2022, each employee may elect to have any leave time, being defined as unused sick and vacation time, to a maximum of 240 hours credited to either the employee's "frozen final average compensation" or the employee's "termination final average compensation" but leave time may not be credited to both. An employee who retires on or after December 31, 2022, shall receive a bridged benefit as follows: a. A pension multiplier of 3.0% for service prior to December 31, 2022 times the employees "frozen final average compensation". "Frozen final average compensation" is defined as the highest compensation in thirty-six {36} consecutive months between the date of hire and December 31, 2022; plus 28 SECTION 36- DEFINED CONTRIBUATION RETIREMENT PLAN 1. Eligibility-All members of this unit hired after July 28, 2006, shall have the same Defined Contribution Retirement Plan they had as a patrol officer. All new members entering the Command Unit from anywhere other than the Muskegon Police Department Patrol Unit are covered by the Defined Contribution Plan. Effective January 1, 2013, all Patrol Unit members entering the Command Unit shall keep their pension and retirement packages from the Patrol Unit. 2. Employee Contribution Rate - Mandatory employee contribution shall be nine percent (9%) of the employee's Medicare taxable wages as reported on the employee's W-2. Employer Contribution Rate -Mandatory Employer contribution shall be thirteen percent (13%) of the employee's Medicare taxable wages as reported on the employee's W-2. SECTION 37- DRUG TESTING POLICY 1. A labor management committee shall be established to prepare a mutually acceptable drug testing policy. Prior to a policy being implemented, the policy must be approved by the Union bargaining committee and the Employer. This Section is not intended to, nor does it affect the Employer's right to discipline employees for drug activity under present contractual or policy provisions. SECTON 38 - RESIDENCY 1. The Union acknowledges the City's desire to encourage residency but not require such for employees of this bargaining unit. Effective January 1, 1999, all employees who were members of this bargaining unit are free to maintain their residence at any location and are no longer bound by collective bargaining agreements requiring residency. 2. Union acknowledges that City may adopt, amend, modify or eliminate any incentive plan to encourage employees to live in the city. For purposes of any incentive, City reserves the right, in its sole discretion, to determine whether an employee is a resident. Unit members are eligible for the same residency incentive offered, if any, to non-represented employees. SECTION 39 - PHYSICAL FITNESS A labor management committee shall be established to prepare a mutually acceptable physical fitness program, which shall be voluntary for all employees. 30 Local Government and School District Fiscal Accountability Act - An emergency manager appointed under the Local Government and School District Fiscal Accountability Act, MCL 141.1501 et. Seq., shall be allowed to reject, modify, or terminate this collective bargaining agreement as provided for in MCL 141.1519(1<). THE REMAINDER OF THIS PAGE LEFT BLANI< INTENTIONALLY 32 THE CITY OF MUSKEGON MICHIGAN FRATERNAL ORDER POLICE ~ - -- Ann Marie Meisch, Clerk 33 APPENDIX A WAGE SCALE 34 APPENDIX A Wage Schedule for Police Command Officers Wage Schedule for Police Command Officers 12 hour shift 12 hour shift Effective 1/1/2023 Effective 1/1/2024 Postion Salary Postion Salary Sergeant Annual $ 86,420.88 Sergeant Annual $ 94,567.20 Bi-Weekly $ 3,323.88 Bi-Weekly $ 3,637.20 Hourly $ 39.57 Hourly $ 43.30 Lieutenant Annual $ 96,030.48 Lieutenar: Annual $ 101,446.80 Bi-Weekly $ 3,693.48 Bi-Weekly $ 3,901.80 Hourly $ 43.97 Hourly $ 46.45 Captain Annual $ 106,688.40 Captain Annual $ 108,326.40 Bi-Weekly $ 4,103.40 Bi-Weekly $ 4,166.40 Hourly $ 48.85 Hourly $ 49.60 Wage Schedule for Police Command Officers Wage Schedule for Police Command Officers 12 hour shift 12 hour shift Effective 1/1/2025 Effective 1/1/2026 Postion Salary Postion Salary Sergeant Annual $ 98,716.80 Sergeant Annual $ 102,866.40 Bi-Weekly $ 3,796.80 Bi-Weekly $ 3,956.40 Hourly $ 45.20 Hourly $ 47.10 Lieutenant Annual $ 105,465.36 Lieutenar Annual $ 109,549.44 Bi-Weekly $ 4,056.36 Bi-Weekly $ 4,213.44 Hourly $ 48.29 Hourly $ 50.16 Captain Annual $ 112,235.76 Captain Annual $ 116,210.64 Bi-Weekly $ 4,316.76 Bi-Weekly $ 4,469.64 Hourly $ 51.39 Hourly $ 53.21 APPENDIX B POLICE UNIFORM & EQUIPMENT The Police Department shall provide the following items: 1 Summer footwear and winter boot 4 pairs Trousers, uniform 3 Shirts, uniform, short sleeve 3 Shirts, uniform, long sleeve 3 Mock turtle necks or ties 1 Hat, uniform, Pershing style 1 Hat, uniform, winter style 1 Jacket, uniform, nylon (winterweight) 1 Jacket, uniform, nylon (lightweight) 1 Raincoat, uniform 2 Nameplates 2 sets Collar insignia, command officers (Captains, Lieutenants, Sergeants) 1 Sam Brown belt, (Brass fittings- command officer; silver fittings - patrolmen) 1 Pant belt 1 Key holder 4 Keeper straps 1 Handcuff and handcuff carrier 1 Ammunition holder, double pocket 1 Baton holder 1 Holster 1 (Mace or pepper) Gas Canister 1 (Mace) Gas Canister Holder 1 Baton 1 Mace holder 35