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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
TABLE OF CONTENTS
SECTION 1 GENERAL 1
SECTION 2 RECOGNITION 1
SECTION 3 EMPLOYMENT SECURITY 1
SECTION 4 REPRESENTATION 1
SECTION 5 OPEN SHOP-DUES DEDUCTIONS 5
SECTION 6 MANAGEMENT RIGHTS 6
SECTION 7 GRIEVANCE PROCEDURE 7
SECTION 8 BULLETIN BOARDS 8
SECTION 9 WORKING CONDITIONS 9
SECTION 10 SAFETY AND HEALTH 9
SECTION 11 NO DISCRIMINATION 9
SECTION 11 WORKING HOURS AND SCHEDULES 9
SECTION 11 OVERTIME - COMPENSATORY TIME 10
SECTION 14 SENIORITY 11
SECTION 15 LAYOFF AND RECALL 12
SECTION 16 CALL IN TIME AND COURT TIME 13
SECTION 17 VACATION 14
SECTION 18 SICK LEAVE 16
SECTION 19 HOLIDAY PAY 19
SECTION 20 BEREAVEMENT LEAVE 20
SECTION 21 UNIFORM ALLOWANCE 20
SECTION 22 EMPLOYEE HEALTH INSURANCE 21
SECTION 23 RETIREE HEALTH INSURANCE 22
SECTION 24 SHIFT PREMIUM 24
SECTION 25 MEDICAL LEAVES OF ABSENCE 24
SECTION 26 MILITARY LEAVE 24
SECTION 27 SALARY AGREEMENT 24
SECTION 28 WORKING OUT OF CLASSIFICATION 25
SECTION 29 LONGEVITY PAY PLAN 25
SECTION 30 NO STRIKE CLAUSE 26
SECTION 31 WAIVER CLAUSE 26
SECTION 32 MAINTENANCE OF STANDARDS 27
SECTION 33 VALIDITY 27
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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
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SECTION 1- GENERAL
In a mutually desirable effort to promote the best interests of both the City of Muskegon and the
City of Muskegon Police Department, this Agreement is entered into as of January 1, 2023, at
Muskegon, Michigan between the City and the Police Command Officers, represented by the
Fraternal Order of Police Labor Council. Hereafter, the City of Muskegon will be referred to as
the "Employer", and the Michigan Fraternal Order of Police Labor Council will be referred to as
the "Union". Hereafter, the police command officers employed by the Police Department of the
City of Muskegon will be referred to as the "employee" or the "employees".
SECTION 2- RECOGNITION
Pursuant to the provisions of Act No. 336 of the Michigan Public Acts of 1947, as amended:
1. The Employer recognizes that the police command officers of the Employer have the
statutory right to bargain collectively with the Employer, and to be represented by an
organization in such collective bargaining.
2. The Employer recognizes the Union as the sole and exclusive collective bargaining agent
for all of the police command officers and will negotiate only with representative thereof
on the matters of rates of pay, wages, hours, and other terms and conditions of
employment.
3. The rights of the Employer and employees of the Police Department shall be respected,
and the provisions of this Agreement shall be observed for the orderly settlement of all
questions.
SECTION 3 - EMPLOYMENT SECURITY
The Employer agrees not to discharge or discriminate in any way against any command officer of
the Police Department for membership or activities in the Union.
SECTION 4- REPRESENTATION
All employees who are covered by this Agreement shall be represented for the purpose of
negotiation by a bargaining committee to be chosen by the employees. Employees covered by
this Agreement shall be represented for the purpose of grievance procedure by one (1) Chief
Steward and two (2) Shift Stewards or Alternate Stewards to be elected by the employees.
The Union shall advise the Employer in writing of the names of the persons on the bargaining
committee and the name of the Chief Steward, Shift Stewards and Alternate Stewards. The Chief
Steward, Shift Stewards and Alternate Stewards shall be recognized for those functions delegated
them under the terms of this Collective Bargaining Agreement. The members of the bargaining
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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.
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8. Such written charges shall cite the specific sections of departmental rules and regulations
and/or appropriate law ordinance which the employee is alleged to have violated.
9. Except during the first stage (i.e., in Subsection 6 above), an employee against whom
charges have been made, may be represented by a Steward, Union representative or
attorney.
10. In imposing any discipline on a current charge, the Employer shall not base its decision
upon any prior infractions of departmental rules or regulations or law or ordinance which
occurred more than thirty {30) months prior to the date of the current charge, unless such
actions are directly related to the current charge.
11. Any three {3) employees elected or appointed by the Union as delegates to the Fraternal
Order of Police meetings may take up to a maximum of three {3) working days with full
pay during such absence, but not more than a total of nine {9) days for all such
representation on official union business during one calendar year. The choice is the
prerogative of the Union.
SECTION 5 - OPEN SHOP - DUES DEDUCTIONS
The Employer agrees to deduct dues from the salary of each individual employee in the
bargaining unit who voluntarily becomes a member or who voluntarily authorizes the payment
of representation fees, subject to all of the following conditions:
1. The Union shall obtain from those employees who voluntarily agree to become
members or voluntarily agree to remit representation fees a completed authorization form
which shall conform to the respective state and federal law(s) concerning that subject.
The Union shall furnish the forms.
2. Check-off authorization forms shall be filed with the Employer's Finance Director.
3. The tota) amount due shall be deducted and forwarded to the Union with a monthly
membership list to the address of:
Fraternal Order of Police Labor Council
1457 East 12 Mile Road
Madison Heights, Michigan 48071
4. It is the responsibility of the Union to promptly notify the Finance Director of any change
in address for forwarding payments. The parties, by mutual agreement through a letter
of understanding, may also agree to electronic transfer of dues payments, if such a
method is available.
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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
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work in their regular classifications, but not to extend beyond sixty {60) calendar days;
however, employees may be transferred from one shift to another on a temporary basis
when such temporary transfer is mutually acceptable to the employee and management;
require employees to give instruction or receive instruction in special training for selected
employees.
3. Effective January 1, 1998, the Civil Service policy relating to driver' licenses records and
eligibility for promotion shall be effective.
4. Any complaint or dispute concerning the exercise of any management rights function in
a manner contrary to any express provision of this Agreement shall constitute a grievance
within the meaning of this Agreement.
5. The parties recognize that the City of Muskegon Civil Service Commission may, from time
to time, revise its Rules and Regulations. The Union reserves the right to file grievance as
to the reasonableness of the rule in its application. Such grievance need not be filed until
the rule change has been applied to a member of this unit.
6. The Director of Public Safety retains the right to discontinue the 12-hour shift schedule
and return to the 8-hour shift schedule at any time. If patrol operations revert to an 8-
hour shift schedule, the parties will discontinue 12-hour shift schedule. The parties shall
meet to discuss the 12-hour shift schedule when the other party requests to do so.
SECTION 7 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation of a specific article and/or section of this Agreement.
If an alleged grievance arises, there shall be no stoppage or suspension of work, but such alleged
grievance shall be submitted to the following grievance procedures.
1. Grievances will be filed ONLY as set forth in the following procedures.
2. In no case shall any grievance be taken outside of the Muskegon Police Department until
this grievance procedure has been exhausted.
PROCEDURE:
Step 1 - Within twelve {12) business days following the alleged violation, any employee
having a grievance shall, with or without his Union Steward, first contact the Public Safety
Director, when available. A "business day" is defined as Monday through Friday, excluding
holidays.
Step 2 - If such grievance cannot be resolved within three {3) business days after
presentation, the matter shall be reduced to writing on a form supplied from the Union, citing
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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.
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2. With advance notice and consent of the Public Safety Director, a room will be available
for one employee unit meeting per month.
SECTION 9 - WORKING CONDITIONS
1. If two employees are agreeable, they shall be allowed to exchange shifts and days off,
with the approval of the ranking officers. Acting pay provisions are not applicable to hours
worked pursuant to an exchange of shifts or days.
2. During the shift, each employee will be allowed a total of sixty (60) minutes of break time.
The normal time allowed for lunch break will be thirty (30) minutes, and the normal time
allowed for coffee break shall be fifteen (15) minutes each, spread out throughout the
day. Employees working a 12-hour shift will be allowed an additional fifteen (15) minute
break for a total of sixty (60) minutes of break time, not to be taken at one time - cannot
be used at the beginning or end of the shift to shorten the workday. Any employee held
over following a scheduled full shift for three (3) hours or more shall receive an additional
break period of fifteen (15) minutes.
SECTION 10-SAFETY AND HEALTH
1. All legal obligations and duties imposed by law upon the Employer for the preservation of
life and property shall be complied with to the fullest extent.
2. The employees will abide by all reasonable rules and regulations of the Employer for the
protection and the preservation of life and property.
3. When, in the opinion of the Union, reasonable protection is not provided for the
prevention of injury or the preservation of health, this shall be considered a proper
subject for the grievance procedure.
SECTION 11- NO DISCRIMINATION
The parties agree to apply the provisions of this Agreement to all employees without regard to
height, weight, race, color, marital status, sex, religious creed, or national origin.
SECTION 12 - WORl(ING HOURS AND SCHEDULES
1. The normal biweekly pay period shall consist of 84 hours. For lieutenants and sergeants
assigned to road patrol, the normal pay period will consist of seven (7) 12-hour shifts
(Command and Patrol to work same designated shift). For specialist and the Patrol
Captain, the pay period will consist of shifts varying from 8-12 hours configured to
accomplish 84 hours per pay period. Special Units regular shift will be centered around
the 8 hours (5 days a week) premise, schedule changes will be based on the operational
needs of the department. The Employer shall give the employees affected fifteen (15)
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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
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is what the employee shall receive whether or not they are being trained under or over
the three {3) hours. The Employer shall not pay more compensation if the employee fails
to qualify in the first session and must return to reshoot.
3. Compensatory Time
a. The parties agree that compensatory time has no accrual limit. Comp-time not
used by December 31 st of each year shall be cashed out down to forty {40) hours.
b. At the beginning of each quarter, employees may contribute any amount of time
in the comp bank to the deferred compensation plan or health care savings plan.
The amount to be deferred may not exceed that permitted by federal law.
4. Non-mandatory Flex Time - Non-road patrol employees and the road patrol Captain may
be allowed to use flex time. The use of flex time requires the consent of both the affected
employee and the Public Safety Director or designate.
5. Field Training Compensation -All employees shall receive in the month of July an amount
equal to three percent {3%) sergeant's rate for performing Field Training Supervision.
6. Overtime for Special Events -An employee may choose to be compensated either by way
of payment or compensatory time when working overtime for special events.
SECTION 14 - SENIORITY
1. There shall be two (2) forms of seniority, date of hire into the Muskegon Police
Department and classification seniority (date of last entry into a classification) and
seniority shall be applied consistent with the terms of this Agreement. For the purpose
of determining seniority when there is a reduction in rank, regardless of cause, seniority
shall include time spent in the new classification and any higher classification.
2. Seniority shall not be affected by the race, color, creed, age, sex, marital status or
dependents of the employee.
3. The seniority list as of the date of this Agreement will show the names and job titles of all
employees in the bargaining unit and the classification seniority of each.
4. The Employer will keep the seniority list up to date and will provide the Union with up-to-
date copies at least annually.
5. An employee shall lose his seniority for the following reasons only:
a. The employee quits, retires, receives a pension, or withdraws his accrued benefits.
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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.
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4. Recall
a. Employees demoted in lieu of layoff shall have their names placed on preferred
eligible lists in order of seniority for each rank from which displaced within the
Police Department. Employees laid off shall have their names placed on preferred
eligible lists in order of seniority for each rank from which displaced.
b. An employee who is laid off and exercises their bumping rights (into a lower class)
shall have recall rights to his/her original classification (prior to lay off) indefinitely.
c. An employee who is laid off from the Police Department shall have recall rights
for a period equal to their seniority but not to exceed a maximum of five (5) years.
SECTION 16 - CALL IN TIME AND COURT TIME
1. Employees shall be paid a minimum of three {3) hours at time-and-one-half for reporting
to duty in response to mandatory call-to-duty, or voluntary assignment between the
employee's regularly scheduled duty shifts, excepting for court appearance as provided
herein. Employees shall have the option of taking pay or compensatory time for call-in-
time.
2. Employees shall receive no compensation from the Employer other than their regular
salary for court appearances while they are on regular duty.
3. Off-duty appearances in the Courts will be paid at time-and-one-half rates with a
minimum of three {3) hours' time, provided:
a. Off-duty appearances for reporting to virtual court proceedings will be paid at
time-and-one-half rates with a minimum of two (2) hours.
b. Court appearances less than three {3) hours prior or subsequent to the employee's
regular tour of duty will be considered as an extension of the employee's regular
tour of duty and the employee will be compensated for the actual overtime
extending beyond the tour of duty. Employees shall have the option of taking pay
or compensatory time for the court time.
c. Hours that were spent in court may be used to adjust hours for the immediate
next shift that the employee is scheduled to work. The adjustment of hours shall
be adjusted hour-for-hour and the officer must notify the on-duty supervisor
immediately of the employee's intent to use these hours at the beginning or end
of the scheduled shift.
d. The employee cannot include as court time the periods of time the courts break
for meals.
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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:
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Years of Service Vacation Hours
1-6 years 84 hours
7-13 years 132 hours
14-19 years 180 hours
20+ years 216 hours
2. Any employee, other than a probationary employee, who retires, resigns or leaves the
service of the Employer, shall be entitled to the pro-rated accumulated vacation time.
3. No vacation shall be taken until an employee has been on the payroll for a period of at
least six (6) months.
An hour of vacation shall be cancelled for each hour an employee would have worked
during his work week and shall be paid for at the rate he would have earned for that
particular hour.
Employees may draw down on their vacation bank by cashing in vacation time, 2 nd pay in
June, 2nd pay in January of preceding year. The employee shall be paid the employee's
current hourly rate per hour of vacation. There shall not be any rollover of vacation time
from year to year except for time needed for drawn week of vacation that starts in the
current year and goes into the New Year. All unused time as of December 31 shall be paid
to the employee at the current hourly rate of the employee for each hour of unused
vacation, at the time of payout.
4. Vacation leave shall not be cumulative and shall be taken during the calendar year
following the one in which it is earned; unless conditions render it impossible, all
employees shall take their vacation.
5. Vacation leave shall be considered as a matter of right, and if cancelled because of work
necessity of the department, shall be rescheduled or paid for at straight time as extra
compensation for the period at the option of the employee. A vacation day for which
extra compensation is paid shall not be rescheduled.
6. Each division head shall arrange and post on the bulletin board a vacation schedule for
that division in advance of the vacation season. Vacation selections shall be completed at
the same time as the shift draw. Each shift (squad) shall have its own vacation draw. A
minimum of one officer has the right to draw any open block of vacation on the officer's
squad. All vacations shall be drawn by the highest rank first and then seniority. Vacation
blocks shall run Monday through Sunday. A block is considered a minimum of two (2) days
drawn during the block period. No officer shall select more than two weeks during the
months of June, July and August unless, after all officers have selected vacations, all
available weeks are not taken during this period. Officers shall not be forced to work on
days off immediately preceding or following a drawn block of vacation.
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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 - SICI< 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 1 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 employment1
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;
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b. Any illness from contagious disease not duty-related which could affect the health of
others;
c. Any injury or illness, whether it requires hospitalization or not, to the employee's
spouse, child, or stepchild, or an injury requiring hospitalization of a mother, father,
mother-in-law or father-in-law. At the discretion of the Director of Public Safety, sick
leave may be taken for injury/illness to other relatives of the employee. The Employer
may require verification of sick leave taken for these purposes;
d. Any serious illness as evidence by a written physician's report, to the spouse, child or
stepchild of the employee which serious illness requires the employee's absence from
duty. At the discretion of the Director of Public Safety, sick leave may be taken for
injury/illness to other relative of the employee. The Employer may require verification
of sick leave taken for these purposes;
e. Any non-duty disability an employee may sustain, except injury sustained while in the
employ of another, or an injury sustained during the commission of a felony or high
court misdemeanor by the officer;
f. The Employer may require verification of sick leave taken in excess of three (3)
consecutive days. This will not preclude the Employer from requesting verification of
illness of less than three (3) days if the employee has shown a pattern which would
indicate misuse of sick leave;
g. Any employee who is off at the request of the Employer because of an exposure to a
contagious disease which is documented from Employer's records (for example,
hepatitis) shall be paid the regular salary for all lost time, without loss of sick time.
This provision shall include any time off the officer is required to take due to Federal,
State, or Local emergency orders or a medical directive to an individual officer due to
a medically mandated reason relating to exposure to a contagious disease. Employer
reserves the right to submit and receive worker's compensation benefits to reimburse
the Employer its associated costs.
7. An employee's absence from work due to duty-connected disability, for which he/she is
receiving compensation, shall not be deducted from his/her sick leave unless he/she shall
elect to be paid the difference between Workmen's Compensation benefits and his/her
normal wage or salary, to be paid out of the operating funds of the department involved,
in which event said employee's earned sick leave shall be used at the rate of one-third
(1/3} sick leave day for each day of such service-connected disability, until such sick leave
accumulation has been exhausted, at which time such payments out of the operating
funds of the department involved shall cease, unless the City Commission shall authorize
an extension of leave. Checks for such service-connected disability will be issued only
upon receipt of a statement signed by the Employer's physician to the effect that the
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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
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submitted in writing to the employee's department head and, subsequently, the City
Manager no later than December 31.
11. Employees may not be "out of pay status". Employees who exhaust accumulated sick
leave and are subsequently unable to report to work due to illness or disability will be
subject to discipline under civil service rules and regulations. An employee who has been
granted an approved leave of absence will be considered to be in "active pay status" for
purposes of this policy.
12. Employees may request to make voluntary contributions of accumulated sick leave to
another employee in need. Such requests will be considered on a case-by-case basis by
the City Manager. In the event where hourly rates of pay of the affected employees differ
by 20% or more, the number of hours added to the recipient's accumulated total will be
adjusted to equalize the cost to the City.
13. Employer shall provide four weeks of paid Family Medical Leave for the birth of the Officer's
child or the adoption of a dependent. This leave shall be used first, shall be consecutive weeks,
and shall count towards the 12-week leave provided by the Family Medical Leave Act.
SECTION 19- HOLIDAY PAY
1. The Employer will recognize the following paid holidays:
New Year's Day Independence Day
Martin Luther l