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HomeMy WebLinkAbout2014.01.14_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA TYPE OF MEETING: DATE: TIME: PLACE: Regular January 14, 2014 6:00 pm Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall Pulletin board at 6:00 pm on Friday, January 10, 2014. _ Sherry Bishop, 'r ty Clerk AGENDA 1. Cali to Order Mayor Doug Bonebrake 2. Presentation and Discussion of the FY 2013 Audit Linda Jones Attachment #2 3. Discussion Relating to Administrative Items Sherry Bishop Attachment #3 A. Vehicle Maintenance Facility - Engineering Contract Amendment B. FOP Contract 4. Discussion Relating to Operational Items Warren Lehr Attachment #4 A. QT Commercial Center- Plat Amendment, Utility Easement Closure 5. Discussion Relating to City Manager Items Warren Lehr Attachment # 5 • Sales Tax Report • City Manager Report 6. Discussion Relating to Financial Disclosure Policy Councilor Charlie Brown Report from City Councilors • City Manager Hiring Process - Mayor Bonebrake 8. Adjournment BACKGROUND: At the end of each fiscal year (June 30) the Owasso City Charter and State Statutes require the city to have an annual audit performed by a certified public accountant. The city's Finance Department is responsible for the coordination and preparation of the annual audit. The annual audit is the basis for communicating the financial condition of the city and its affiliated entities. In August 2006, City Council took the progressive action of establishing an Audit Committee by Ordinance. The Audit Committee has been a vital component in achieving transparency for the citizens of Owasso and the governing body. The Audit Committee is comprised of five voting members and two ex- officio non - voting members. Current members include John Manning, non - practicing C.P.A.; Kevin Covanah, CFO of Matrix Services; Guion Nightingale, businessperson with WPS Energy; Dennis Phillips, Senior Vice President and Chief Commercial Lending Officer for First Bank of Owasso; and Councilor Jeri Moberly. The committee is required to include one banker, one business person and one non - practicing certified public accountant. Non - voting members of the committee include the City Manager and Finance Director. Each year the Audit Committee makes a recommendation to the City Council to approve a contract with an independent accounting firm to perform the city's financial statements. Each year after completion of the audit, the Audit Committee meets with the auditor to review and discuss the financial statements and to consider any findings or recommendations of the auditors. Mike Gibson, C.P.A. and Julie Jungman, C.P.A. of Cole and Reed met with the Audit Committee on December 17, 2013, and presented the FY13 audited financial statements. AUDIT PRESENTATION Mike Gibson, C.P.A. of Cole and Reed and John Manning, Chair of the Audit Committee, will present the audit to the City Council at the January 14, 2014, work session. Mr. Manning will make recommendations, if any, to the City Council regarding the annual audited financial statements and the management letter submitted by the independent auditor. To facilitate the review process, Councilors were provided with copies of the audit in advance of the work session and both Mike Gibson and John Manning will be present to answer questions regarding the audit and financial statements. The audit report has been filed by the auditor and does not require authorization or approval by the City Council. Receipt of the audit will be listed under the Consent Agenda of the January 21, 2014 Council meeting in order to create a record in the minutes that the audit report has been received. ATTACHMENT Memo dated December 17, 2013 from Audit Committee nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Annual Audit DATE: January 10, 2014 BACKGROUND: At the end of each fiscal year (June 30) the Owasso City Charter and State Statutes require the city to have an annual audit performed by a certified public accountant. The city's Finance Department is responsible for the coordination and preparation of the annual audit. The annual audit is the basis for communicating the financial condition of the city and its affiliated entities. In August 2006, City Council took the progressive action of establishing an Audit Committee by Ordinance. The Audit Committee has been a vital component in achieving transparency for the citizens of Owasso and the governing body. The Audit Committee is comprised of five voting members and two ex- officio non - voting members. Current members include John Manning, non - practicing C.P.A.; Kevin Covanah, CFO of Matrix Services; Guion Nightingale, businessperson with WPS Energy; Dennis Phillips, Senior Vice President and Chief Commercial Lending Officer for First Bank of Owasso; and Councilor Jeri Moberly. The committee is required to include one banker, one business person and one non - practicing certified public accountant. Non - voting members of the committee include the City Manager and Finance Director. Each year the Audit Committee makes a recommendation to the City Council to approve a contract with an independent accounting firm to perform the city's financial statements. Each year after completion of the audit, the Audit Committee meets with the auditor to review and discuss the financial statements and to consider any findings or recommendations of the auditors. Mike Gibson, C.P.A. and Julie Jungman, C.P.A. of Cole and Reed met with the Audit Committee on December 17, 2013, and presented the FY13 audited financial statements. AUDIT PRESENTATION Mike Gibson, C.P.A. of Cole and Reed and John Manning, Chair of the Audit Committee, will present the audit to the City Council at the January 14, 2014, work session. Mr. Manning will make recommendations, if any, to the City Council regarding the annual audited financial statements and the management letter submitted by the independent auditor. To facilitate the review process, Councilors were provided with copies of the audit in advance of the work session and both Mike Gibson and John Manning will be present to answer questions regarding the audit and financial statements. The audit report has been filed by the auditor and does not require authorization or approval by the City Council. Receipt of the audit will be listed under the Consent Agenda of the January 21, 2014 Council meeting in order to create a record in the minutes that the audit report has been received. ATTACHMENT Memo dated December 17, 2013 from Audit Committee The City witiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John Manning Chair, Audit Committee SUBJECT: Fiscal Year 2012 -2013 Audit Report DATE: December 17, 2013 BACKGROUND: The firm of Cole & Reed, P.C. has provided audit services to the City and its trust authorities for the past eight years. The City of Owasso's Audit Committee and members of City staff met with Mike Gibson from Cole & Reed, P.C. on December 17, 2013, to discuss the annual audit for the fiscal year ended June 30, 2013. Members of the Audit Committee are John Manning, Kevin Cavanah, Guy Nightingale, Dennis Phillips, and Jeri Moberly. The Annual Financial Statement is prepared annually in accordance with generally accepted accounting principles as part of the state - required audit by an independent, certified and municipally licensed auditor. The Annual Financial Statement includes financial reports for the City, as well as, the Owasso Public Works, Owasso Public Golf, and the Owasso Economic Development authorities. In Owasso, the auditor reports to the Audit Committee established by the Council. Cole and Reed provided an unmodified opinion and found no internal control material weaknesses or significant deficiencies related to the audit to include in the management letter for fiscal year 2012 -2013. Financial highlights included in the FY 2013 report, indicate that the City remains in a good financial position. Net assets for the fiscal year ending June 30, 2013, increased by $6.8 million or 5.60% from the prior year. Additional financial and activity highlights can be found on page 4 of the audit under Management's Discussion and Analysis. The Audit Committee received the auditor opinion, management letter and annual financial reports. The Audit Committee acknowledges the City is responsible for completeness and accuracy of the annual report. The necessary auditor reports are included in the audit presented by Cole and Reed. The audit attests to the City's compliance with Oklahoma State Law and federal reporting requirements. Additionally, the committee met with Mike Gibson, independent of staff, to discuss any further questions or concerns regarding any audit findings. The Audit Committee was satisfied with the reports and related information. The Audit Committee was advised that the final draft of the City's Annual Financial Statement will be prepared and submitted to the City Council at their meeting on Tuesday, January 14, 2014. RECOMMENDATION: Since Council action is not required for the acceptance or rejection of the financial statement audit, the audit committee recommends the following item be placed on the January 21, 2014, Council agenda to give formal notice that the fiscal year 2013 audit has been completed: "Notification of the receipt and filing of the City's annual financial statement audit for the fiscal year ended June 30, 2013:" The Git Wit lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry D. White Support Services Director SUBJECT: New Vehicle Maintenance Facility Support Services Department DATE: January 10, 2014 BACKGROUND: The City Council approved an Agreement for Professional Services with Matrix Architects Engineers Planners, Inc., of Tulsa, Oklahoma for professional architecture and engineering services for a new vehicle maintenance facility for the City of Owasso. These services were deerned necessary as the first step toward providing the Vehicle Maintenance Division with a new building large enough to serve the City's growing fleet of vehicles which would include state -of- the -art technology for a new generation of vehicles. The new building would enable all City trucks and equipment to fit into a covered facility for maintenance service and repairs. Some of the city's trucks and equipment do not fit into the current maintenance center. During the latter part of 2012, the Owasso Capital Improvements Committee listed the construction of a new vehicle maintenance center as a priority on the capital improvements list. The scope of the design and engineering services under the Agreement included the obligation to conduct site assessments of the current building site and potential future sites for the new building. Matrix has determined that a location south of the current building could accommodate the new facility, but the site would have the following challenges: • Civil engineering services will be needed for the conceptual utility plan, the public water main connection, the public sanitary sewer connection, the public storm sewer connection, and the off -site drainage area • Geotechnical services for testing and research will be needed of a previous dirt and rock dumping accumulation area to determine if the rubble must be removed. REQUESTED AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES: The lump sum fee of $139,000 in the Agreement with Matrix was based on the original scope of work for professional services for the entire project. However, the professional services mentioned in the Agreement did not include the scope of work needed to remedy the challenges listed above. Matrix has advised Staff that an additional fee will be charged to cover this remedial architectural and design work. This fee should not exceed $26,000. This fee includes $24,000 for the civil engineering services needed for design of utilities and $2,000 for geotechnical services needed for testing and research of the dirt and rock accumulation area. FUNDING: Funding for this initial project was included in the Capital Improvement Fund, PROPOSED ACTION: City Council approval of a contract amendment would be necessary for Matrix to perform the additional architectural and design services necessary to provide a remedy for the site challenges mentioned above. This amendment would include an additional fee not to exceed $26,000. Staff anticipates placing an item on the January 21, 2014 agenda for Council consideration and appropriate action relating to a contract amendment with Matrix Architects. ATTACHMENT: A. Proposed Amendment to Agreement for Professional Services with Matrix Architects Engineers Planners, Inc., of Tulsa, Oklahoma. AMENDMENT 1TO AGREEMENT FOR PROFESSIONAL SERVICES FOR ARCHITECTURE AND ENGINEERING FOR THE CITY OF OWASSO, OK NEW VEHICLE MAINTENANCE FACILITY The City of Owasso, Oklahoma, hereinafter referred to as "CITY', and MATRIX Architects Engineers Planners, Inc., hereinafter referred to as "ARCHITECT/ ENGINEER ", entered into an Agreement for Professional Services for Architecture and Engineering dated November 7, 2012, for the purpose of providing CITY with required professional services, hereinafter referred to as the "SERVICES', in connection with the building of a new vehicle maintenance center , hereinafter referred to as the "PROJECT; and WHEREAS, the original Scope of Services set forth in Attachment B, Section B.1.a) Site analysis and discovery work, Subsection 3. to said Agreement provided that a Geotechnical Survey would be conducted for the proposed site, but that survey did not include geotechnical services for testing and research on the designated site for a previous dirt and rock accumulation area for determination whether the rubble must be removed: and WHEREAS, the original Scope of Services set forth in Attachment B, Section B.1.b) Design services, to said Agreement provided for facility design services for a vehicle maintenance facility, but those design services did not include civil engineering services for utility connections. WHEREAS, the original Compensation set forth in Attachment D, Section D.1, Total Compensation, to said Agreement provided for a lump sum fee of $139,000 to be paid to ARCHITECT /ENGINEER for the work done under this Project by ARCHITECT/ ENGINEER, including an ALTA Survey and one Geotechnical Report for one chosen site, but did not include the additional geotechnical services fees for testing and research on the designated site for dirt and rock accumulation area on the site and did not include civil engineering services fees for utility connections for a vehicle maintenance facility; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto mutually agree to amend said Agreement as follows: A new Subsection 5. shall be added to Section B.1.a of Attachment B, Scope of Services, of said Agreement which shall read, "Conduct Geotechnical services for testing and research for the proposed site for a previous dirt and rock accumulation area for determination whether the rubble must be removed." Page 1 A new Subsection 4. shall be added to Section B.1.b of Attachment B, Scope of Services, of said Agreement which shall read, "Civil engineering services for utility connection design." The current Subsections 4, 5, 6, and 7 of Section B.1.b. of Attachment B, Scope of Services of said Agreement shall be renumbered to become Subsections 5, 6, 7, and 8 respectively, Attachment D, Section DA. shall be removed in its entirety and replaced with the following new Section DA: Additional Services: These services shall include twenty -four thousand dollars ($24,000) for civil engineering services needed for design of utilities for the designated site for the new vehicle maintenance facility and two thousand dollars ($2,000) for geotechnical services needed for testing and research of the dirt and rock accumulation area for said designated site. Unless otherwise provided for in an accepted and authorized proposal for additional services, any further additional services shall be compensated for on the same basis as provided for in this Attachment D. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the respective dates herein below reflected to be effective on date executed by the Mayor of the City of Owasso. ATTEST: Sherry Bishop, City Clerk Julie Lombardi, City Attorney MATRIX ARCHITECTS ENGINEERS PLANNERS, INC. am Date: CITY OF OWASSO OKLAHOMA Date: Doug Bonebrake, Mayor The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: Fraternal Order of Police (FOP) Fiscal Year 2013 -2014 Contract DATE: January 10, 2014 BACKGROUND: The Fraternal Order of Police (FOP) and the City have been meeting since last March to develop a contract that would meet the needs of both parties. Just prior to the holidays a tentative agreement was reached on the remaining articles. The proposed contract has been voted on and approved by the members of the FOP. The contract being presented is for two years and includes language agreeing that both parties will ratify the contract by June 30, 2014 extending the contract for fiscal year 2014 -15. The proposed agreement provides for the following: 9 Year One • Across - the -board increase of 2.5% effective pay period ending date January 25, 2014 • Condensing of annual step increases • Currently members of the FOP receive a step increase on their anniversary date for years one through five, and then again at years seven, ten, thirteen, sixteen, and twenty. The proposed contract provides for the same step increases, but occurring on the anniversary for one through ten years of service. This proposal establishes a pay plan that is consistent with that of Owasso's International Association of Firefighters (IAFF) and other communities. • Removal of language that would allow members of the FOP to receive a pay increase should the City offer an across - the -board pay increase to any other City department during the term of the contract, which exceeded the overage for the FOP members over the last four years • Rolling the 4% city paid retirement into the employees' base pay • Four hours of Union leave per month for current Lodge President, with a use -it -or -lose it method of accrual • Modification of "Wellness Program" language to provide for a $15 per month reimbursement for gym membership selected by the employee, versus a facility selected by the City • Addition of shift differential pay of $0.20 per hour for officers who bid and are assigned to work night shift • Minor wording modifications /clarifications /corrections were made to the following articles: Personnel Files, Promotions, Sick Leave, Work Schedule, Uniform and Equipment, and Temporary Assignment. ➢ Year Two • Addition of an eleven year step to the pay plan • This additional step will be effective on the fiscal year 2014 -2015 anniversary date for employees with eleven or more years of service. • Increase of difference between Lieutenant and Captain by 5 %, separating the two ranks by 10% • This increase in separation is congruent with the separation between Officer and Sergeant, and Sergeant and Lieutenant. The proposed contract provides for a continuation of existing contract language on all other issues. The increase in compensation costs for fiscal year 2013 -14 is $65,125, and $42,456 for fiscal year 2014 -15 contract. The FOP negotiating team worked diligently to come to an acceptable agreement and their commitment is greatly appreciated. PROPOSAL: Council authorization is needed for the Mayor to execute a contract with Owosso's Fraternal Order of Police (Lodge #149). Staff intends to place this item on the January 21 City Council meeting for consideration and appropriate action. ATTACHMENT: Recommended FOP Contract with Strikeouts AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION mm FRATERNAL ORDER OF POLICE LODGE NO. 149 ding' 1, 2012 June 30, 2013 July 1, 2013 —June 30, 2014 July 1, 2014 —June 30, 2015 ARTICLE 1 PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER, and LODGE NO. 149, FRATERNAL ORDER OF POLICE, hereinafter referred to as LODGE, to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the term of this Agreement. ARTICLE 2 AUTHORITY AND TERM Section 1. The Employer and Lodge have, by these presents, reduced to writing the collective bargaining agreement resulting from negotiations entered into by the Employer and the Lodge. Section 2. This Agreement shall become effective on the I st day of 3uly, ?812 July, 2013 and shall remain in full force and effect until midnight, June 30, 2013 June 30, 2014. The Employer and the Lodge agree that on or before June 30, 2014 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2014 to June 30, 2015 or until replaced by a successor Agreement. in that an Ageefrient is not made for the fiseal -4 2015, this Agreement effeet until stieh time as one is a Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it is understood by the parties hereto that this agreement shall serve as notice to collectively bargain for all issues and compensation for the following fiscal year, in lieu of written notice, pursuant to O.S.A. 11, (1994) 51 -101, et eq. Section 4. It shall be the obligation of the Employer and the Lodge to meet the first business day of March or within ten (10) days thereof to negotiate in good faith with representatives of the Lodge and Employer. Section 5. In the event the Lodge and the Employer are unable to reach an agreement within thirty (30) days from and including the date of the first meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either party. ARTICLE 3 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the applications thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or applications and, to this end, the provisions of this Agreement are severable. Section 2. It is understood that the articles included herein constitute a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. In the event an Agreement is not made for the fiscal year 2013 2014 2014 -2015 this Agreement will remain in effect until such time as one is made in succession. ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Lodge membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or the Americans with Disabilities Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. hi the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be over - riding to that portion of this Agreement. ARTICLE 6 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Police Department currently in effect for and with respect to the members of the Police Department on the effective date of this Agreement shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. Section 2. It is understood by the parties hereto that the portions hereof regarding Safety and Health Committee as well as departmental practices, as previously stated, are subject to a modification by adoption of an appropriate ordinance, personnel manual or departmental procedure and negotiation. By reason thereof, upon promulgation by the Employer of the Accident Review Board, together with the practices, procedures and policies therein, as well as promulgation of the Owasso Police Department Operations Manual; the Lodge, upon notification of such by the Employer, shall re -open negotiations between the parties whereby inclusion of said matters shall be negotiated between the parties. ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section I. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the power or authority which the Employer has not officially abrogated, delegated, granted or modified by this Agreement is retained by the Employer, and all rights, powers and authorities the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer. Section 2. Except as may be limited within this agreement, the Employer retains the rights in accordance with the Constitution, the laws of the State of Oklahoma, and Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated there under. A. To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; B. To assign working hours, including overtime; C. To direct the members of the Police Department, including the right to hire, promote or transfer any employee; D. To discipline, suspend, or terminate any employee, as provided for in this agreement, provided that just cause shall be the standard for any discipline, suspension or tennination; E. To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; F. To determine the safety, health and property protection of the Police Department; G. To allocate and assign work to all Employees within the Police Department; H. To be the sole judge of qualifications of applicants and training of new Employees; I. To schedule the operations and to determine the number and duration of hoes of assigned duty per week; J. To establish and enforce Police Department rules, regulations and orders; ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES (continued) K. To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; L. To determine the amount of supervision necessary; M. To control the departmental budget; N. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency. ARTICLE 8 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all Police Stations for Lodge bulletin boards. No materials of a subversive or derogatory nature or political endorsements shall be posted. The location of such Bulletin Boards shall be mutually agreed upon by the Employer and the Lodge and shall not cover more than sixteen square feet. The Bulletin Boards and items posted are the sole property of the Lodge. Section Z. Members of the Lodge will be allowed to attend Lodge functions within the city, while on duty without loss of pay. However, members will be subject to call out. Section 3. Members of the Lodge may be given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives may be granted time off without loss of pay to conduct bonafide Lodge business. For business outside the city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation time will be scheduled during the time of the Lodge business. Such schedule adjustments shall not be unreasonably withheld. Section 4. The Employer shall grant four (4) hours of Union leave accrual per month to the current President of the lodge, to conduct lodge business Such accrual shall be accrued separately from vacation and compensatory leave. The balance of Union leave accrued will not carry forward from one fiscal year to the next Section 4— 5. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as well as the Police Department. ARTICLE 9 PROHIBITION OF STRIKES Section 1. The Lodge and the Employer are well aware of the public policy and the necessity that there shall be no strikes or other action which would tend to disrupt the provision of those services traditional to Employer's business; in that the public policy of the State of Oklahoma has been expressly stated by the Oklahoma Legislature and codified as Title 11 O.S. Section 51 -111, as amended that statutory provision is deemed to provide the spirit and intent under which the following sections of this article are provided and the parties hereto are bound. Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds, financial and other assistance for the conduct or direction of such activities for the payment of strike, unemployment, or other benefits to those persons participating in such prohibited conduct and activities; provided, however, that the Lodge may provide legal representation for itself or persons accused of such activities, or for any purpose it may deem necessary. Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain of its members are engaging in a strike, the Lodge shall immediately, in writing, order such members to return to work at once and provide the Employer with a copy of such an order and responsible officials of the Lodge shall publicly order them to return to work. Such characterization of strike by the Employer shall not establish the existence of a strike. Such notification by the Lodge shall not constitute an admission by it that a strike is in progress or has taken place or that any particular member is or has engaged in a strike. The notification shall be made solely on the representation of the Employer. In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shall not be in breech of this agreement where the acts or actions herembefore enumerated are not caused or authorized by the Lodge. ARTICLE 10 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this Agreement; and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership of management of either party hereto, or by any change geographically of place of business of either party hereto. ARTICLE II RECOGNITION The Employer recognizes the Lodge as the exclusive bargaining agent for all police officers, except the Chief and, one designated Administrative Assistant. The Lodge shall be advised in writing who the Chiefs Designated Administrative Assistant is, within ten (10) days after this agreement takes effect. In the event there is no Designated Administrative Assistant appointed, the Lodge will be so notified. ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with one (1) signed original contract for the term of this agreement and one computer file copy. The cost of publication shall be born by the Employer. ARTICLE 13 GRIEVANCE PROCEDURE Section 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. Further, this article is not intended to limit the parties' right to grieve or arbitrate any matter which would otherwise be subject to arbitration by statute. Section 2. The Lodge or any employee covered under this Agreement may file a grievance within twenty (20) days of alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 3. The Lodge President or his authorized representative, may report an impending grievance to the Chief of Police in an effort to forestall its occurrence. Section 4. Any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's designated representative. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within ten (10) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 4A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within ten (10) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within (20) twenty calendar days of the Chief s reply. ARTICLE 13 GRIEVANCE PROCEDURE (continued) D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within ten (10) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. The parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days. 2. Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. Upon notification of the Federal Mediation and Conciliation Service of the selection of the arbitrator and the arbitrator is contacted, the date for the arbitration hearing shall be requested to be set subject to the earliest availability of the selected arbitrator. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within twenty (20) calendar days after the conclusion of the hearing. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the decision, findings, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. This shall not preclude individual wage grievances. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. If a transcript of the proceedings is requested, the party so requesting shall pay for it. ARTICLE 13 GRIEVANCE PROCEDURE (continued) Section 5. It is specifically and expressly understood that filing a grievance under this Article which has as its last step, final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Lodge or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure in any court or their appeal forum. ARTICLE 14 PERSONNEL FILES Section 1. Personnel files for employees shall be maintained exclusively by the Human Resources Office. It is agreed that if materials concerning investigations, complaints, and reprimands, for violations of any rules, regulations or policies, or other materials that might be considered detrimental to the employee's position, advancement or future with the department are to be placed in the employee's personnel files, the Employer shall notify the employee of said action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel files. Section 2. Any Employee shall be allowed to review his personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Police Chief. The employee requesting review of their personnel file shall schedule an appointment with the Human Resources Office. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure: A. Employees may request that disciplinary actions be sealed according to the following schedule. 1. Written reprimands and notice of eral- repsirnand Documented Verbal Counseline with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after eighteen (18) months. Suspension more than three (3) days, without recurrence, after two (2) years. Disciplinary actions, including sealed files with no recurrence, are eligible for removal, at the request of the employee after eight (8) years. In order to be eligible for removal the employee must authorize the City to view all sealed files to determine if a recurrence has occurred. Employees may request that disciplinary action, including sealed files, with no recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee and city. S. Requests for sealing or removal of disciplinary actions should be directed to the office of the Chief of Police. C. Sealing or removal shall include all memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. ARTICLE 1.4 PERSONNEL FILES (continued) D. Sealing or removal shall not include any material related to criminal offenses for which the employee was charged except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction, or except in the event of complete exoneration of the employee by the court. E. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. F. Once sealed, the file shall not be opened unless the employee requests such unsealing; however, the employee may not review investigative reports pertaining to the actions; or at the discretion of the Chief of Police who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. G. All unfounded, exonerated, not sustained, and no finding complaints will be removed from the employee's personnel file and may be maintained in a separate file by the Human Resources Department, for a period of no more than five (5) years from the date of the alleged occurrence. ARTICLE 15 OFFICER BILL OF RIGHTS Section 1. The Chief of Police shall establish and put into operation a system for the receipt, investigation, and determination of complaints against Police Officers received by such Chief of Police from any person. Section 2. Whenever an Officer is under investigation and is subject to interrogation by members of his agency, for any reason which could lead to disciplinary action, demotion, or dismissal, or is a witness to any such incident such interrogation shall be conducted under the following conditions: A. Interrogation: When an Officer is under investigation by the Owasso Police Department for a complaint received, and is to be interrogated in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall be conducted as follows: B. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Owasso Police Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result for an officer, such interrogation or interview shall be conducted as follows: The Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent an identified complainant, no member of the Department can stand in as the complainant or aggrieved person, in order to protect the identity of the complainant or aggrieved person. The only exception shall be in the instance of criminal complaints against an officer. The employee may request to be confronted by the complainants. This shall be allowed where deemed necessary by the employee or the investigating Officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to a complaint received, shall not be considered as interrogation as used herein. The Officer being interrogated / interviewed shall be informed of the rank, name, and command of the Officer in charge of the investigation, the interrogating Officer or identity of any agent acting on behalf of the Officer in charge of the investigation, and all persons present during the interrogation. All questions directed to the Officer being interrogated / interviewed shall be asked by and through any one interrogator at any one time. ARTICLE 15 OFFICER BILL OF RIGHTS (continued) 4. The Officer being interrogated /interviewed shall be informed of the nature of the investigation prior to any interrogation/interview. Interrogation/interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer being interrogated/ interviewed shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to obtain testimony or evidence. 7. The Officer being interrogated / interviewed shall be completely informed of all his rights pursuant to this procedure prior to the commencement of the interrogation and of his responsibility to answer all questions, and this notification shall be included on the tape recording or written record of the session. 8. At the request of any Officer being interrogated / interviewed, he shall have the right to be represented by counsel or any other representative of his choice who may be present at all times during such interrogation, at no additional expense to the Employer. 9. Interrogation / interviewing of Officers may be taped or recorded in written form at the discretion of the investigating Officer. Officers being interrogated / interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department shall be exclusively retained by the department as confidential information, but may be used at the discretion of the Employer in administrative hearings or for other administrative purposes. C. An Officer under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the determination of the investigation. Should an Officer be disciplined by suspension, demotion, dismissal, transfer, or reassignment arising from an investigation, he shall be notified in writing as to the action being taken and the reasons therefore. D. No Officer shall be discharged, disciplined, demoted, or denied promotion, or transfer, or reassignment, or otherwise be discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this contract. ARTICLE 15 OFFICER RILL OF RIGHTS (continued) E. Any and all questions shall be narrowly focused on the subject of the complaint. Questions shall be relevant and pertinent to the original complaint. If any additional violations surface, the investigator shall consult with the Chief of Police prior to investigating the newly uncovered violation. The Officer being investigated / interviewed shall be informed in writing at that time that the investigation is being expanded to include the additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shall be resolved through the grievance process. G. Officers are afforded any and all rights, protections, and guaranties, granted to any employee by the Constitution of the United States, State of Oklahoma, and including any and all Federal, State, and Municipal laws, and ordinances. ARTICLE 16 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out this mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a safety and health committee to consist of two (2) members appointed by the Lodge, two (2) members appointed by the Chief of Police and one (1) member mutually agreed upon by the appointed members. Section 2. The Safety and Health Committee shall have the authority to conduct on -site inspections of equipment, buildings and other related areas to the occupational environment of the bargaining units. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the member's rights to a safe employment environment. At the discretion of the Chief of Police and the availability of manpower, members of the committee shall be excused from duty for the work of the committee. Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe working conditions as recommended by the Safety Committee. ARTICLE 17 HONOR GUARD An Honor Guard consisting of Seven (7) Officers shall be selected by the Lodge. The composite of the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Up to four (4) members of the Honor Guard shall be allowed time off with pay for each event, subject to approval of the Chief of Police. ARTICLE 18 DUES CHECK OFF Section 1. The Employer agrees to deduct regular monthly Lodge dues from earned wages of those employees who are in the bargaining unit and who have provided written authorization to the City for said deduction. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary of the Lodge no later than the close of the workday following each payday after the deduction is made. The payroll deduction shall be revocable by the employee by notifying the Employer in writing. The Employer will notify the Lodge, in writing, of any revocation. Section 2. The Employer will deduct only Lodge dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in Lodge dues, the Lodge will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. The Employer will provide the Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer shall not be responsible for errors. In case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the Lodge with the employee affected. Section 5. The Lodge shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Lodge dues. Section 6. This service shall be provided at no expense to the Lodge or its members. ARTICLE 19 CLASSIFICATIONS & PROMOTIONS Section 1. "Classification and Promotions Process Pell ...me" .a: ,. F< - - within the Owasso Police Department- The standafd requirements to be eligible for testing,�)Yeffletion to the belaw listed ranks shall be as follows: A. Classifications 1. Senior Patrolman: Must be a certified police officer with at least five (5) years experience, who has obtained the achievement of intermediate certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. 2. Master Patrolman: Must be a certified police officer with at least seven (7) years of experience, who has obtained the achievement of advanced certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. S. Promotions 1. Sergeant: Must be a certified police officer with at least five (5) years experience as a police officer with the City of Owasso immediately prior to testing. 2. Lieutenant: Must be a Sergeant with at least two (2) year experience in the rank with the City of Owasso immediately prior to testing. i. An officer e°r'i�d-as a meeting the criteria for Master Patrolman with ten (10) years of experience as a police officer with the City of Owasso immediately prior to testing may test for Lieutenant. -1. Captain: Must be a Lieutenant with at least two (2) years experience in that rank prior to testing, or a Sergeant with at least four (4) years of experience in the rank with the City of Owasso prior to testing. The City may, at its discretion, advertise for this position providing that all advertising for this position shall occur seven (7) days after the internal posting. i. An officer eerfified as a meeting the criteria for Master Patrolman with twelve (12) years of experience as a police officer with the City of Owasso immediately prior to testing may test for Captain. ARTICLE 19 PROMOTIONS (continued) Section 2. Promotional tests shall be divided into the following three (3) categories and weighted accordingly: A. Written Test 1. 45% of total score 2. All written testing will be written and scored by the International Association of Chiefs of Police or the International Personnel Management Association. B. Oral Test 1. 45% of total score 2. The Oral Testing Board will consist of five officers of equal or higher rank than that being tested, who are employed by other police agencies that are the same size or larger than the Owasso Police Department and outside the Tulsa Metropolitan Area. 3. The Oral Testing Board will receive a "fact sheet' for every promotion candidate. The fact sheet will contain the following information: i. Date of Employment and tenure at current elassifieationlrank. ii. Awards /Commendations received. iii. Discipline Actions (in compliance with the collective bargaining agreement.) iv. College /University degree level and major. Each officer will be allowed to insure the "fact sheet' is correct and complete prior to testing. C. Chief's Interview 1. 10% of total score D. All test scores will be sealed until after all three categories have been completed and scored. Section 3. Upon completion of all testing it is agreed that the promotions shall be offered in the following manner for the listed position: A. Sergeant: The candidate with the highest score at the completion of testing. B. Lieutenant: The candidate with the highest score at the completion of testing. C. Captain: The top two (2) candidates with the highest score at the completion of testing shall be eligible and presented to the Chief of Police. The Chief of Police will select the Captain from the top two candidates. ARTICLE 19 PROMOTIONS (continued) Section 4. Promotional Test will be valid for one (1) year from the date the eligibility list is posted. Any vacancies occurring during that year will be filled from qualified applicants on the promotional list. Section 5. One representative from the Bargaining Unit and one representative from the Owasso City Management shall be present throughout each testing portion of the process to evaluate the process and recommend any future changes to the process. ARTICLE 20 VACATION Section 1. Employees within the bargaining unit shall receive paid vacation in accordance with the following, to -wit: YEARS OF EMPLOYMENT VACATION LEAVE METHOD OF ACCUMULATION MAXIMUM ACCUMULATION 1 - 4 96 hours 8 hours /month 260 hours 5 - 9 120 hours 10 hours /month 296 hours 10- 14 144 hours 12 hours /month 356 hours 15 - 19 168 hours 14 hours /month 404 hours 20-24 192 hours 16 hours /month 452 hours 25 and over 216 hours 18 hours /month 500 hours Section 2. Accumulation. The employee of the bargaining unit shall be allowed to accumulate unused vacation leave for use in following years to the extent set forth in the chart above. Section 3. In the event a request to use vacation leave is denied and such denial results in the loss of further accruals, the officer having been denied the use of vacation leave shall be compensated in salary an amount equal to his regular rate of pay times the amount of accruals lost. ARTICLE 21 HOLIDAY PAY Section 1. Compensation. Each employee of the bargaining unit shall receive as, and for, holiday pay the sum of ninety -six (96) hours times such employee's regular rate of pay. Such holiday pay shall be paid in two (2) separate checks or warrants of forty -eight (48) hours on the first paydate in the month of December, and forty -eight (48) hours on the first paydate in the month of June of the current fiscal year. Those employees of the bargaining unit scheduled to work and actually having worked on a holiday shall, in addition to the holiday pay above referenced, receive such employee's regular straight time pay for such day worked. Section 2. Prorated Pay. For those employees who are not employed for the entire six month period prior to the aforementioned first paydate in the month of December or the first paydate in the month of June, holiday pay will be calculated using the number of months employed divided by 6 months (the "holiday pay" period) multiplied by forty -eight (48) hours (as stipulated by contract). Section 3. Each employee of the bargaining unit shall have the option of receiving forty eight (48) hours payable in June and forty eight (48) hours payable in December as leave time in lieu of the holiday pay check in June and/or December. If elected, this leave time will be added to the employee's vacation balance. ARTICLE 22 SICK LEAVE Section 1. Sick leave may be taken when an employee is unable to perform his dirties because of personal illness, off-the-job injury or for necessary care and attendance of a member of the employee's immediate household or when an employee might expose or jeopardize the health of others. Employees may elect to have such time off deducted from personal compensatory time reserves in lieu of sick time at the discretion of the employee. Immediate supervisors must be notified at least one (1) hour prior to starting time. An employee may be subject to disciplinary action for failure to notify his supervisor of absence. Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick leave at the rate of nine and one quarter (9 1/4) hours for each complete month of service. Each employee of the bargaining unit shall be allowed to accumulate a maximum of 1105 hours of sick leave. Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days or any three 13.1 days dur-ing a n-.ne-,, I,—, on), period, the employee shall, upon request and at the Citv's expense, furnish a doctor's certificate as a condition precedent to being granted sick leave. The certificate shall attest to the sickness or injury and verify the employee's fitness for return to work. Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may be dismissed as well as be denied pay for the day. Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, a doctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating the employee's ability to continue her regular duties without limiting her performance. Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious illness in an employee's immediate family, the employee shall be granted emergency leave. This emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation leave, or compensatory time at the discretion of the employee. Section 7. Immediate family as utilized in the sick leave and emergency leave provisions above stated shall be understood to mean husband or wife, father or mother of employee or spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or legally adopted children of husband or wife or both. Any other person whose relationship could justify the employee's absence may require special approval by the Chief of Police. ARTICLE 22 SICK LEAVE (continued) Section 8. An employee upon retirement shall be paid an amount equal to fifteen percent (15 %) of their accrued sick leave calculated at the employee's rate of pay at the time of disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Section 9. In the event of the death of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. ARTICLE 23 WORK SCHEDULE Section 1. There is hereby designated by the employer a regular fourteen- (1.4) day work period for all employees which will consist of eighty -five and one half hours (85 %2). Section 2. The Patrol Division of the Owasso Police Department will be organized into two squads and each squad into two shifts to work scheduled hours each work period as follows: Squad one / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday Scheduled Days Off Thursday, Friday, Saturday Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad One / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday Scheduled Days Off Wednesday, Thursday, Friday Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad Two / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday, Wednesday Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Squad Two / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday Scheduled Days Off Sunday, Monday, Tuesday, Saturday Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous with the regular scheduled work hours, as scheduled by the Chief of Police. ARTICLE, 23 WORK SCHEDULE (continued) Section 4. The following exemptions shall apply to the work period criteria provided for in this article. Under no circumstances are any exemptions, other than those specifically designated in this section of this article, allowable under this agreement. A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or partial shift with another employee as provided for by F.L.S.A. B. Any employee requesting training opportunities may request and be granted, by the Chief of Police, a change in their regular days off and /or work hours in order to attend such training opportunities. C. Detectives may, solely at their request, alter their work hours and/or work days, upon approval by the Chief of Police, due specifically to case load and /or investigative necessity. This does not include coverage for absent officers. D. Trainees, while in Field Training Program, may be required to change shift hours and days off to accommodate such training schedule. E. Captains may, solely at their request, alter their work hours and/or workdays, upon approval by the Chief of Police, due to assigned case load or operational demands of the department as determined by the Chief of Police. This does not include coverage for absent officers. F. Members of the Street Crimes Unit may, solely at their request, alter their work hours, and /or workdays upon approval by their Shift Supervisor and the Chief of Police. G. School Resource Officers /Sergeants will work a schedule that begins seven (7) days before the first day of the school year through seven (7) days past the last day of the school year as established by the Owasso Public Schools. During the Summer, when school is not in session, School Resource Officers /Sergeants will be assigned to a shift at the discretion of the Chief. Once assigned, the School Resource Officer's Sergeants shift will not change during the summer break. Section 5. Any hours worked in excess of eighty -five and one half (85 1/2) hours per work period or any time worked in excess of the herein designated work week shall be compensated at the rate equal to one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. It is agreed that an employee will not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. If an Officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. ARTICLE 23 WORK SCHEDULE (continued) Section 6. If an employee is called back from scheduled time off, hours worked will be compensated at one and one -half (1 112) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. Employees shall be guaranteed a minimum of two (2) hours pay at a rate of one and one -half (1 112) times their regular hourly rate of pay anytime the employee is called in to work other than regularly scheduled work hours, as well as, any officer being placed in an "on- call" status by the courts. However, should an officer be required to report to court such officer shall be compensated according to the above, and would not be eligible for the two hours "on- call" compensation. If an officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. Section 7. For computation of employee work hours, all vacation leave and compensatory time will be considered time actually worked. ARTICLE 24 Section 1. As used herein, the term Seniority shall refer to, and be defined as, the continuous length of service within the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of service within rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniority for employees with the same promotion date shall be determined by hire date. The classification of Senior Patrolman and Master Patrolman have rank parity with Patrolman, such classifications are an indication of a level of experience with the department and education as established by the Oklahoma Council on Law Enforcement Education and Training, not an indication of seniority. Section 2. Seniority lists shall be established and updated by the lodge as of first day of July of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth. Section 3. After the effective date of this Agreement, seniority for employees hired or rehired shall commence on the date of hire or rehire. Section 4. Except where impractical due to skill levels of employees, or experience of employees, or where specific working conditions, or assignment to specialty unit(s) exist which would preclude certain employees from working specific shifts, and considering required manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or his /her designated representative, in reaching the following determinations, to -wit: A, Squad /Shift assignment; provided however that general shift change assignments shall occur only one (1) time per year, which shall occur on the beginning of the first pay period of each calendar year. Empleyees - ith less than t year- of sen4ee as of the first Pay per-iod of eaeh calendar vear will be assigned to a shift at the discretion of the Chiefi Change in shift assignment jyj1I not oeeur- more fr-eqaenfl��- months-. B. Assignment to Specialty Unit(s): Canine Officers will be in a separate squad/shift bid excluded from the Patrol division squad /shift bid assignment. However, supervisors who are also designated as a Canine Officer will continue to participate in the Supervisor squad /shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be eligible to participate in a squad /shift bid assignment for two years from the date of assignment to the Detective division. D. Granting of vacation leaves requested sixty (60) days in advance; provided however that each employee shall be allowed to secure such leave by means of seniority a maximum of three (3) times per contract term. Vacation leaves requested at least sixty (60) days in advance shall require written approval or denial with explanation, within forty-eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made sixty (60) days in advance shall be granted on a first -come- first -serve basis with written E. ARTICLE 24 SENIORITY (continued) F. Approval or denial with explanation provided to employee within forty -eight (48) hours of submission of vacation request. Vacation shall not be requested more than one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or his/her designated representative, will make every effort to approve requested time off as submitted, in whole. H. Scheduling of comp time can not be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not place the shift below minimum manning. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be detennined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. ARTICLE 25 RETIREMENT AND PENSION Section 1. For those Employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. •_ r Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. r. r- J�ffL� Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage and annual biometrics screenings will be paid by the Employer. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional' funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. ARTICLE 27 UNIFORM AND EQUIPMENT Section 1. For the fiscal year, the Employer shall pay each uniformed member of the Lodge with one -year seniority, a uniform /equipment allowance in the amount of Eight Hundred Fifty Dollars ($850.00). Such payment shall be made on the first paydate in July. Those members who are assigned to the detective division shall receive a clothing/equipment allowance in the amount of Twelve Hundred Dollars ($1200). Payment shall be made in two equal payments of Six Hundred Dollars, the first on the first paydate in July and the second on the first paydate in December. The Employer shall pay a prorated uniform allowance to each member of the bargaining unit upon the completion of his/her one -year probationary period. Such prorated uniform allowance shall be based upon the amount of uniform allowance designated herein Section 1 and the number of months remaining until the next July payment date. Section 2. The Employer shall provide for cleaning of uniforms. The Employer shall also provide for cleaning of clothing utilized by detectives in the performance of their duties. Such cleaning shall be arranged for in such manner as to assure a local depository /pick -up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department hired after July 1, 2013 a complete issue of uniforms, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniform shirts, long sleeve; C. four (4) uniform trousers; D. all leather gear; E. two (2) pairs handcuffs; F. two (2) badges; U. one (1) police style rechargeable flashlight; H. one (1) bullet resistant vest; I. one (1) all weather jacket; J. inclement weather gear; K. one (1) box of ammunition as specified in Section 4 of this article; L. one (1) Air Force Round hat; M. one (1) expandable baton; N. one (1) canister of defensive chemical spray; O. two (2) pairs of collar brass; P. one (1) whistle chain; Q. one (1) whistle; R. two (2) metal name tags; ARTICLE 27 UNIFORM AND EQUIPMENT (continued) S. one (1) police equipment bag; T. two (2) metal report folders; U. two (2) metal citation folders; V. all nylon duty gear; W. one (1) outer carrier for bullet resistant vest; X. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee fifty (50) rounds of Employer - approved hand -gun ammunition, same to be utilized only in the course of duty and, further, to those employees who have department issued or department approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of five (5) rounds #00 buckshot and five (5) rifled deer slugs. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. This item of safety shall be the sole property of the City of Owasso for a period of one year from the date of issue. After one year, the vest shall become property of the employee. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. After one year such vest shall become property of the employee. ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his/her initial probationary period, the following items shall become the sole property of that individual officer: Four (4) uniform shirts, short sleeve; Four (4) uniform shirts, long sleeve; Four (4) uniform trousers; One (1) bullet resistant vest; One (1) Air Force Round hat; Two (2) pairs collar brass; One (1) whistle chain; One (1) whistle Two (2) metal name tags The City shall be responsible for the repair and replacement of items not listed in Section 6. Section 7. In consideration of the fact that assignment to the detective division requires the Employee to purchase clothing other than traditional uniforms, the Employer shall provide a prorated uniform allowance to officers upon initial appointment to the detective division. Such prorated uniform allowance will be based on the detective clothing allowance designated herein Article 27, however such prorated uniform allowance will be reduced by Eight Hundred Fifty Dollars ($850.00) annual uniform allowance received herein Section 1 of this Article 27. Section 8. For appearance and safety reasons members of the bargaining unit shall not wear jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn underneath the uniform that is not visible will be allowed. ARTICLE 28 PERSONAL PROPERTY Section 1. The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $1,500.00 per officer, per incident. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section 2. In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $1,500.00, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons value shall not be counted toward the $1,500.00 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to he covered. Section 3. When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section 4. Repair, replacement or reimbursement will be at the employer's sole discretion. ARTICLE 29 TEMPORARY ASSIGNMENT Any employee assigned additional supervisory duties not consistent with the normal duties of their rank for any period of time, shall receive a temporary increase in pay for the period of time such "acting" assignment is in effect. The amount of pay shall be consistent with the position and duties to be performed, but shall not necessarily be equal to the pay received by the absent employee. Such temporary pay increase shall be consistent with the adopted pay schedule guideline. When a Lieutenant in charge of a shift is gone because of vacation leave or compensatory time leave, the Sergeant on the shift will assume command of the shift without being considered working under "temporary assignment" and will not receive "temporary assignment" pay. In the event the Lieutenant in charge of a shift is gone for any reason, for a period of thirty -€rve (30) calendar days or more the Sergeant on the shift shall receive a temporary increase in pay for such time "acting" assignment is in effect beginning on the thirty -first (3 1 ) consecutive day of the Lieutenant's absence. The amount of pay shall be consistent with Lieutenant's pay and the adopted pay schedule guidelines, but shall not necessarily be equal to the pay received by the absent employee. ARTICLE 30 EDUCATION INCENTIVE Section 1. Tuition Reimbursement. The Employer shall pay tuition costs, under the limitations hereinafter set forth in this Article, for required or elective courses leading to a Bachelor's degree. A. The tuition herein provided shall not exceed the tuition cost for comprehensive universities and colleges as established by the Oklahoma State Regents for Higher Education. B. Course(s) on which reimbursement will be requested must be part of a Degree plan and must be approved by the Chief of Police prior to enrollment. If reimbursement is being sought for a Master's Degree or beyond, approval of the City Manager or his/her designee must be obtained prior to enrollment. C. Employees must receive at least a 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. D. Upon verification of satisfactory completion of the course, reimbursement for the tuition shall be made to the employee. Section 2. College Education Compensation. Each member of the bargaining unit is entitled to receive additional compensation for college level education accomplishments in a law enforcement related field as follows: A. Any employee may request pay in the amount of One Dollar ($1.00) per month per credit hour for successfully completed college credit hours to a maximum of seventy -five hours. B. Any employee holding an Associate Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelors Degree shall be paid One Hundred and Twenty -Five Dollars ($125.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Degree shall be paid One Hundred and Fifty Dollars ($150.00) per month in addition to the Employee's base pay. E. Payment for an Associates, Bachelors, or a Graduate Degree will be made for those degrees conferred in any area of study in a law enforcement related field. Payment for college hours shall be based on the following criteria: ARTICLE 30 EDUCATION INCENTIVE (continued) 1. Employee must receive at least a 2.0 grade point average on a 4.0 scale or a minimum of a "C" grade on a letter grade scale. 2. A copy of the transcript must accompany each request and any request for increasing such pay. 3. Payment for course hours will be allowed if justification is given indicating such hours were required to pursue a Degree in a law enforcement related field (i.e. college handbook outlining degree prerequisites and electives). F. An officer holding multiple degrees shall only receive the compensation identified for the highest single degree for which the officer qualifies. ARTICLE 31 LONGEVITY PAY Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at the rate of $.25 per hour. On the employee's sixth employment anniversary the employee's longevity pay shall increase to the rate of $.60 per hour, and the employee shall receive a further increase of $.10 per hour each year thereafter. ARTICLE 32 DETECTIVE "ON-CALL" PAY Section 1. A minimum of one detective shall be placed on an "on- call" rotation schedule. "On- call" shall be deemed to mean the following: A. The employee is free to go or remain at any location of the employee's own choosing, so long as the employee can call -in within ten (10) minutes of receiving a call to work, and as long as the employee can respond to the requested location within one (1) hour of receiving a call to work; B. The employee is free to use the waiting time for any personal matters the employee chooses; C. The employee must remain sober while on -call; D. The employee must carry a working pager, or otherwise leave a telephone number with dispatch, where the employee who is on -call can be reached if needed. E. The Chief of Police will establish a bi- annual on -call rotation schedule. Section 2. Detectives shall receive "on- call" compensation in the amount of ten (10 %) of base pay times 42.5 hours for each week scheduled for on -call duty. On -call pay will be payable with normal payroll cycles. ARTICLE 33 COMPENSATION Section 1. There is created for pay purposes, a standard "Police Department Pay Plan." For the purpose of this Labor Agreement, effective July 1, 2013 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan A," included in this agreement according to the employee's range and step as of June 30 2013 Effective pay period ending date January 25 2014 each emplovee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan B," included in this agreement according to the emplovee's tenure with the Owasso Police Department as of January 24, 2014. Effective the employee's fiscal year 2014 -2015 anniversary date each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan C,1' according to the employee's years of service with the Owasso Police Department as of the 2014 -2015 anniversary date. Emplovees hired under experienced based pay will be placed in the appropriate pay plan according to the vears of service compensation is based on A. New hires shall begin at Entry Level except when the new Officer is already a State Certified Peace Officer with prior law enforcement experience as a State Certified Peace Officer at another law enforcement agency within this State or otherwise. Should a State Certified Peace Officer with experience at another law enforcement agency be hired, the Chief of Police shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level salary within Range 1. No Officer shall be brought in at a step higher than Step E. New hire placement at a step other than entry level will only affect the employee's advancement on the Police Department Pay Plan. B. Pay Plan Advancement for current Officers and Officers hired at Entry Level. Upon completion of the initial employment probation period of service, all Police Officers shall advance to Range I, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Sueb step advanee to Step 1-1 of the Pay Plaii in their appropr-iateR-a, to SteP j of the-��� �,. Step advancements will automatic throughout the term of this agreement. and will be effeetive on the effiployment -•,o� ARTICLE 33 COMPENSATION (continued) C. Pav Plan Advancement for Officers hired at a Step other than Entry Level. Officers shall advance one step per year of service effective on the employment anniversary date of the employee. fef Step A thfough-step E. Offieers shall advanee te Step F after two Step F. Aftef three years of seFN-iee in Step 9 Offieers shall advanee te Step 14, years of service in Step 1, Offieers shall advanee to Step4. Step advancements will be automatic throughout the term of this agreement. and will be effeetive on the ernplayine.n.4 anniversary —'--+e for the employee. Section 2. In cases of transfer and /or promotion, the employee will advance to the same pay step in the appropriate range for his new job classification after which the employee shall continue to advance in the Pay Plan, according to Section B and Section C, effective on the employment anniversary date of the employee. Section 3. The following job classifications shall be compensated at the rate specified in the "Police Department Pay Plan" as follows: Officer Range 1 Sergeant Range 2 Lieutenant Range 3 Captain Range 4 Owasso Police Department Pay Plan A Effective '��'o,y 1, 2012 July 1, 2013 *Pay scale may not correlate with actual years of service. 51 Owasso Police Department Pay Plan B Effective '��'II7 1, 2012 Pay Period Ending January 25. 2014 *Pay scale may not correlate with actual years of service. 52 Owasso Police Department Pay Plan C Effective July 1; -2012 Employees Fiscal Year 2014- 2015 Anniversary Date *Pay scale may not correlate with actual years of service. 53 Entry A B C D E F G H I J J Level (I year)* (2 year)* (3 year)* (4 year)* (5 year)* (7 -yeaW (18- year} 04nr)*- (16 year)* (24-yeaW (I1 year)* 6 year)* 7 ear) (8 ear ) (9 year ) (10 year Range 1 I5 74 16.36 17.00 17.66 18.36 19.07 x-9-81- -20.59 21.40 22.24 23.1-9 16.76 17.42 18.11 18.81 19.55 20.31 21.10 21.93 22.79 23.39 24.60 25.59 Patrolman Range 2 49:43 28-19 20.98 2-1.7 22.65 23A4 24.46 25`41 20.69 21.50 22.34 23.21 24.12 25.07 26.05 27.06 28.14 Sergeant Range 3 22 21 23.08 23.97 24.92 25.89 26.9 -1 27.95 23.65 24.58 25.53 26.54 27.57 28.66 29.77 30.96 Lieutenant Range 4 24.23 25.17 26.17 27 4 28.25 29.33 Captain I 2"0 26.81 27.87 38.96 30`89 31.26 32.5i 27.04 28.08 29.19 30.33 31.53 32.74 34.05 *Pay scale may not correlate with actual years of service. 53 ARTICLE 34 DRUG & ALCOHOL TESTING The Lodge and the City recognize the need to conform to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a safe work environment free from hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore both parties agree that drug and alcohol testing shall be administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 54 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this article to enter into an agreement between the Fraternal Order of Police Lodge #149 and the City of Owasso to implement a Wellness Program that will improve the fitness standards within the Police Department. The Lodge and City agree that increased fitness standards will lower the incidents of on the job injury as well as the use of sick leave. Section 2. The City agrees to pay a per month program fee of up to Fifteen ($15.00) dollars at for each member of the and December I" and December 31" of each vear. Members are responsible for providing proof of participation that documents participation the physical fitness program of their choice at least once within any seven (7) day period excluding time used for vacation or extended sick leave. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Worker's Compensation. Should a participating member not take part in his/her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that member must that member shall not be eligible for that month's reimbursement. Section 2. Reimbursements shall be made through payroll applicable taxes will be withheld. In order to be eligible for the quarterly reimbursement members must provide proof of participation by the 15th of the month following the end of each calendar quarter. • JUN/August /September proof of participation due by October 15th • October/November/December proof of participation due by January 15th • January /Februarv/March proof of participation due by April 15th • April/Mav /June proof of participation due by July 15th Section 3-4. This section provides an incentive to Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test as outlined for eiiffeat hiring pfeeesses. The test involves five (5) categories that measure varied aspects of fitness utilized in the performance of Police duties. Each category provides ways for the Officer to accumulate points which are calculated to determine eligibility for the incentive award. 55 Members of the Bargaining Unit who voluntarily participate in the Physical Fitness Program and test in at least three categories will be credited with two comp hours. The incentive program involves an awards program with three categories. The categories are "Gold Award" which requires 40 points, the "Silver Award" which requires 35 points and the `Bronze Award" which requires 30 points. The "Gold Award" = twenty -four (24) vacation hours, the "Silver Award" = twelve (12) vacation hours and the 'Bronze Award" = eight (8) vacation hours. 2. The points will be calculated from five (5) categories with point values based on the Cooper Fitness Test f rr° * ?" -• ° •- c. „a a - a r of nZ . The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 56 ARTICLE 36 SHIFT DIFFERENTIAL The City will establish a shift differential pay to all officers that have bid to work "Shift Two' (Night Shift). The amount will be an additional $0.20, added to the base rate of officers assigned to "Shift Two' (Night Shift). 57 In Witness Whereof, the parties have hereunto subscribed their names this day of 2014. ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 58 CI"TY OF OWASSO, OKLAHOMA A Municipal Corporation C Doug Bonebrake, Mayor FRATERNAL ORDER OF POLICE Lodge #149 U1 3 as FOP President FOP Secretary The Gi ly Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Final Plat, Utility Easement Closure and Partial Plat Vacation- QuikTrip DATE: January 10, 2014 BACKGROUND: The City of Owasso received applications for the review and approval of a final plat, a utility easement closure, and a partial plat vacation for QuikTrip Commercial Center #62R, located directly east of US -169 on Hwy 20. A QuikTrip has operated at this location for a number of years and now has reason for expansion. The expansion will construct new gas pumps and a southern parking lot and entrance to the store. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction`? North A rculture Church Commercial Tulsa County Within PUD? CS Within Overlay iDistrict? US -169 Overlay Water Provider —TV South (Commercial Undeveloped Commercial City of Sho in Owasso CS East (Commercial Commercial Commercial City of She n Owasso West AG US -169 Commercial City of A riculture Owasso SUBJECT PROPERTY /PROJECT DATA: -Property Size 2.24 acres Current Zonin r CS Commercial Sho in .Proposed Use Commercial Lots /Blocks 1 lot, 1 block Number of Reserve Areas N/A Within PUD? N/A Within Overlay iDistrict? US -169 Overlay Water Provider —TV V/ashington County Rural Water District #3 'Applicable Pa' backs ': N/A Streets (public or private) N/A ANALYSIS: This project involves a three -part request for Council consideration and action. The first part of the request is for the closure of an existing utility easement south of the existing building. Because a new parking lot will be constructed in this area, the applicant is requesting to close the utility easement. Notice has been sent to all utility holders and there appears to be no issue with the closure of the easement as the applicant has arranged for the relocation of all utility lines within the easement. No City of Owasso utilities will be affected by the easement closure. The applicant is also requesting to vacate portions of the existing plat for the QuikTrip Commercial Center and subsequently re -plat the existing lot along with the addition of a portion of another commercial lot to the south. Adding this portion of the lot and re- platting the area will allow for expansion of the QuikTrip. The roadway dedication that was a part of the original plat will not be affected by the vacation of the plat. Perimeter and interior utility easements will allow utility companies adequate access to provide service and maintain service to the proposed development. One additional driveway will be added on the south portion of the lot to accommodate the expansion. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the closure application and the final plat at their regularly scheduled meeting on December 18, 2013. All TAC comments have been addressed by the applicant. PLANNING COMMISSION: The Owasso Planning Commission will review these items at their regular meeting on January 13, 2014. ATTACHMENTS: A. Area Map B. Aerial Map C. U/E Closure Exhibit D. New Plat for QuikTrip Commercial Center #62R n QuikTrip 1.I I / I I '.A. !, I I II + �I 4 J 'f' + I a I I I 41 III f f I Z 4 + I I I I � I — F = L76 5T — — — — — — — E lissTN l I 4 I iii.. I I I � I I I I I Travis Ttl e Nry3 I ' I \\ t I m•� t Q Y t 14* f I a r ai t + / 100 m 50 ft 1" = 376 ft Sub Title 01/10/2014 I This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date information. QuikTrip 1" = 376 ft Sub Title 01/10/2014 This map represents a visual display of related geographic Information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up-to -date information. va f y rcrnvu 16 1, M.poY1= 11 W".", k� I J 1, E95set� UuPro�tJ R . E Localirn Map_ Srt+awn5ln Lgvw: ox�nw:w,mv.w,a m+v v, IN I !lav,ren wfrwum vo-wvu 6aif of BOatvq: bcrctmiah ,�mxn,.ewma aweaw. J R Qr4iry=CVmmaRiNtenler Y63RAmoMeC ' Conditional Final Plat uikTrip Commercial Center #6213 Amended �6�a9owu�, d§ I., o141, aln,a. nnE 114= e ,RE P.U.D. No. OPUD -21 , Emainnri Oo np Serveycr L tLC OwassoL Trost Ll C. Sisemare [nginee Tone,: WeisnBASSOd Inc. 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No. OPUD -21 End.-, Ownor /Develops: Surcep[ AAB Eginacng, LLC Owasso Land Trost, LLG Sisnmare Weisz8 ASawiana. Inc cmnn,exum •Na ep +.ex,n,r Nawo-.o 11E.v..Y :n m, .11 a, na*r*u rzr ,zm s,rcw a+weuams,. r:. sv, Ias —mrn SvN SMMF.OkeNtme 16th] Sralv20o Tulsa. Okle,pnw 141.iS Amended s \l R +d E Location Map_ $�lbluabn SN'vAae: LepenG'. Monwmn4,lmrt'mee m,+m urrn Bpt Ot EOaMp -. Bensnuvivev.uerms,mxrren rcaa� Y OuhTnN CVma: re,vxl Gvmm {G3fl �nIM Conditional Final Plat o.+k�rEm w.eAba sECigni (ISFUfxisuw'rutt.:2a n tEL*CL�.�b£�VS 2. C LY ruwzertaaruvxumw wmavxrnzr.e 4! Y as p:Pi+),OLNXME(+4OWrTW CODUEiK:Lt[x+Exeeiu, n�cA kF.utl0m5+Ux MxMiOFtOLpvE (+1 etM%dtnl l4v(M:L. MOIM.wslxAlEOn:P +:x n2' urc vv w+un. *v.s +mu:n. smrz o: e«tsw.r. P.U.D. No. OPUD -21 r_!^X.°GY�T_'^'PWT�SJ^£`1 +11Y: as urarcrarww.rmav<owrux ru s[cf Ox x� +tMEM.WM'.pH. µLxpuFxi.Axp S£VExwtn��� �^ afy]valY4: r oxi�w..m J2+8! n wiEMSUPVEY C� J` :S nu' �,e a c �cw awxrrtn c4�.:a c...na,+wsx awe City of Owasso FY 2013 -2014 Monthly Sales Tax Comparisons $2,500,000 $2,000,000 a sl ' - ----- ---0 $1,500,000 $1,000,000 $500,000 - $o Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Year -to -Date Sales Tax Totals $25,000,000 ,A $20,000,000 $15,000,000 - .4' $10,000,000 $5,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun - - -e- -- Budget — Last Year -- Actual City of Owasso Sales Tax Report Budget to Actual Comparison January 9, 2014 2013 -2014 2013 -2014 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 1,704,984.63 8.1% $ 1,679,866.00 8.0% $ 25,118.63 1.5% Aug 1,678,483.46 8.0% 1,567,503.00 7.5% 110,980.46 7.1% Sep 1,617,952.06 7.7% 1,564,044.00 7.4% 53,908.06 3.4% Oct 1,677,144.73 8.0% 1,607,650.00 7.7% 69,494.73 4.3% Nov 1,612,339.06 7.7% 1,491,024.00 7.1% 121,315.06 8.1% Dec 1,748,989.23 83% 1,826,240.00 8.7% (77,250.77) -4.2% Jan 2,073,564.27 9.9% 2,061,658.00 9.8% 11,906.27 0.6% Feb Mar Apr May Jun Totals $315,472.44 2.7% $12,113,457.44 57.7% $11,797,985.00 56.2% City of Owasso Sales Tax Report Two Year Comparison January 9, 2014 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal 2013 -2014 Fiscal 2012 -2013 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent $ 1,704,984.63 8.1% $ 1,630,956.50 8.5% $ 74,028.13 4.5% 1,678,483.46 8.0% 1,521,846.41 7.9% 156,637.05 10.3% 1,617,952.06 7.7% 1,518,488.35 7.9% 99,463.71 6.6% 1,677,144.73 8.0% 1,560,824.24 8.1% 116,320.49 7.5% 1,612,339.06 7.7% 1,447,595.59 7.6% 164,743.47 11.4% 1,748,989.23 8.3% 1,605,740.09 8.4% 143,249.14 8.9% 2,073,564.27 9.9% 1,792,033.55 9.3% 281,530.72 15.7% Totals $12,113,457.44 57.7% $11,077,484.73 57.8% $1,035,972.71 9.4% Note: Fiscal Year 2014 Sales Tax Budget is $21 million; FY'13 actual was $19.2 million. City of Owasso Monthly Sales Tax Revenues Last Five Fiscal Years 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 2008 -2009 Jul $ 1,704,984.63 $ 1,630,956.50 $ 1,521,672.39 $1,485,552.57 $1,523,296.22 $1,463,146.16 Aug 1,678,483.46 1,521,846.41 1,485,585.66 1,409,806.38 1,457,190.41 1,420,417.94 Sep 1,617,952.06 1,518,488.35 1,485,891.81 1,433,235.57 1,384,785.99 1,453,976.96 Oct 1,677,144.73 1,560,824.24 1,517,700.88 1,467,321.34 1,386,073.05 1,453,905.08 Nov 1,612,339.06 1,447,595.59 1,420,986.61 1,362,551.29 1,222,181.35 1,358,986.71 Dec 1,748,989.23 1,605,740.09 1,488,693.19 1,423,010.85 1,481,442.33 1,497,046.05 Jan 2,073,564.27 1,792,033.55 1,655,568.87 1,640,741.37 1,558,964.00 1,662,272.89 Feb 1,817,864.08 1,748, 279.70 1,675,132.30 1,660,458.42 1,621,964.23 Mar 1,500,013.52 1,405,820.76 1,327, 302.74 1, 283, 250.04 1,299, 354.84 Apr 1,499,708.03 1,454,786.62 1,310, 850.43 1,288,894.21 1,289,190.50 May 1,629,482.38 1,610,102.97 1,506,255Y4 1,506,435.50 1,430,199.15 Jun 1,643,877.95 1,547,918.80 1,487,182.33 1, 513, 720.24 1,392, 852.76 $12,113,457.44 $19,168,430.69 $18,343,008.26 $17,528,942.91 $17,266,691.76 $17,343,313.27 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 2008 -2009 Jul $ 78,704.81 $33,564.91 $41,490.75 $42,547.09 $77,124.54 $36,613.19 Aug 105,902.83 33,982.54 52,649.70 34,592.96 58,626.76 31,392.82 Sep 69,078.85 47,608.82 53,050.58 42,904.66 53,157.06 60,065.80 Oct 103,682.82 59,327.05 48,434.75 48,534.10 32,510.05 42,625.22 Nov 64,434.39 50,722.23 43,503.50 42,275.99 37,032.82 44,903.28 Dec 86,423.76 48,320.10 52,051.50 40,466.31 35,727.86 50,941.37 Jan 57,183.06 60,594.21 47,738.06 52,885.66 47,548.94 54,401.73 Feb 78,302.28 55,670.54 54,867.98 45,714.97 106,913.97 Mar 57,199.16 44,139.56 39,20037 30,888.31 53,825.62 Apr 30,576.98 29,760.17 45,286.77 50,504.67 75,764.40 May 51,093.50 55,835.13 44,615.83 53,407.77 95,874.46 Jun 75,138.73 41,989.03 33,512.24 57,883.91 69,772.60 $ 565,410.52 $626,430.51 $566,313.27 $521,690.36 $580,127.66 $723,094.46