COLLECTIVE  BARGAINING AGREEMENT

BETWEEN THE

Town of Skiatook, Oklahoma

AND THE

Fraternal Order of Police Lodge #166

Effective:  July 1, 2008 through June 30, 2010

INDEX OF ARTICLES

ARTICLE 1
PURPOSE OF AGREEMENT

PREAMBLE

Acknowledging that 11 O.S. 1981, Sections 51-101 et seq., as amended, grants to Police Officers well recognized rights of labor, such as the right to organize, the right to be represented by a collective bargaining agent of their choice and the right to bargain collectively concerning wages, hours and all other terms and conditions of employment; pursuant thereto, this Agreement is entered into by and between (Parties), the Town of Skiatook, Oklahoma (Employer), a municipal corporation and the Fraternal Order of Police Lodge 166, the exclusive collective bargaining agent of the Town of Skiatook Police Officers and thus made to:

           (a) Establish wages, hours, benefits, grievance procedures and all other conditions of employment of
               represented officers of the Town of Skiatook Police Department.

           (b) Provide for quality law enforcement and policing services throughout the employer’s boundaries on an
               uninterrupted basis for the benefit of the citizens of the Town of Skiatook

           (c) Provide a means of amicable adjustment of labor disputes.

ARTICLE 2
AUTHORITY & DURATION

SECTION 1.
The Parties recognize the Fraternal Order of Police as the sole and exclusive employee representative as set forth under 11 O.S. 51-103 of the Fire and Police Arbitration Act of the State of Oklahoma.  Employer agrees that under said statutes, the City and the Lodge are the only parties which may legally and appropriately confer, negotiate and enter into agreements on matters which relate to wages, hours and all other conditions of employment as provided in the F.P.A.A. and the Collective Bargaining Agreement covering all members.

SECTION 2.
The Employer and the Lodge, have by these presents, reduced to writing the agreement entered into by the Town of Skiatook, Oklahoma and the Fraternal Order of Police, Lodge #166, through collective bargaining as that term is defined in 11 O.S. Section 51-101, as amended.

SECTION 3.
This Agreement shall be effective as of the 1^st day of July, 2008 and shall remain in full force and effect through the 30^th day of June, 2010, pursuant to the terms of the Fire and Police Arbitration Act, 11 O.S. 51-101 et seq.

SECTION 4.
This Agreement shall automatically extend for one (1) year terms after June 30, 2010, unless written notice for bargaining is given to either party, at least one hundred twenty (120) days before the anniversary date of such negotiated agreement.

SECTION 5.
The terms of this Agreement, as well as bargaining and arbitration for the terms of a successor agreement shall be governed by the terms of the Fire and Police Arbitration Act, 11 O.S. 51-101 et seq. SECTION 6.It shall be the obligation of Employer and Lodge to arrange to meet at reasonable times and confer in good faith within ten (10) business days after any written notice requesting a meeting to collectively bargain.

ARTICLE 3
RECOGNITION SECTION

SECTION 1.
Employer recognizes the Fraternal Order of Police, as the exclusive bargaining agent for all employees of the Town of Skiatook Police Department as defined by 11 O.S. 51-102 and 11 O.S. 50-101 (6).

SECTION 2.
The Parties recognize the following employees as being excluded from the bargaining unit:

           (a) The Chief of Police
           (b) One Administrative Assistan
           (c) Civilian Employees
           (d) Non Full-time C.L.E.E.T. Certified officers

SECTION 3.
The Lodge recognizes the Town Coordinator as the cooperate authority of the Town of Skiatook, Oklahoma for the purpose of collective bargaining.

ARTICLE 4
SAVINGS CLAUSE SECTION

SECTION 1.
If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court of competent jurisdiction or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. The Parties agree to immediately negotiate a substitute for the invalidated article, section or portion thereof.

SECTION 2.
Any appendices to this Agreement shall be numbered (or lettered), dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement unless the terms of said appendices specifically delete or change a provision of this Agreement and all appendices shall become a part of this Agreement.

SECTION 3.
It is strictly understood that all time limits found within this Agreement may be extended by written mutual concurrence and agreement of the Parties hereto.

ARTICLE 5
PREVAILING RIGHTS

Employer and Lodge hereby acknowledge that the Oklahoma Fire and Police Arbitration Act, 11 O.S. 1981, Section 51-111, as it may be legislatively or judicially amended, modified, interpreted, repealed or invalidated from time to time, asserts that “all rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting operation and administration of … police departments, currently in effect of the effective date of any negotiated agreement, shall be deemed a part of said agreement unless and except as modified or changed by the specific terms of such agreement.”

ARTICLE 6
ADMINISTRATIVE RIGHTS

Except as limited herein, all of the rights to manage and direct the police force, which have not been specifically abridged by this Agreement, shall remain the exclusive right of the Chief of Police. Such rights include but are not limited to:

           1. The right to conduct and control the operations and employees of the Department.

           2. The right to introduce new and improved methods of operation and equipment.
 
           3. The right to schedule and assign the use of manpower and equipment.

           4. The right to promote, transfer, assign, retain, and schedule work hours and places of work of employees in
              the positions within the Police Department.

           5. The right to suspend, demote, or take other appropriate disciplinary action against members of the
              Department for just cause in accordance with appropriate procedures.

           6. The right to maintain the discipline and efficiency of the department.

           7. The right to establish the internal security practices and procedures of the Department.

           8. The right to establish the organization and structure of the Department; however, no such establishment shall
               occur for the purpose of reducing any officer in rank or for the purpose of reducing the number of employee
              positions.

              Further, the right to hire or discharge for cause subject to the provisions of this agreement and the grievance
               procedure herein, shall remain the exclusive right of the employer.

ARTICLE 7
NON-DISCRIMINATION

Employer agrees not to discriminate against any employee for or because of their activity in behalf of or membership in the Fraternal Order of Police. Employer and Lodge agree that there shall be no discrimination against any employee or person because of race, creed, size, sex, national origin, religious conviction, age, handicap, seniority or status of Lodge membership.

ARTICLE 8
PROHIBITION OF STRIKES & LOCK-OUTS

SECTION 1.
During the term of this Agreement, Lodge agrees that it is the public policy of the State of Oklahoma to accord to the permanent members of any paid police department in any municipality all rights of labor, other than the right to strike or to engage in any work stoppage or slowdown. Furthermore, Lodge agrees that nothing contained within the Fire and Police Arbitration Act constitutes a grant of the right to strike and that such strikes are prohibited.

SECTION 2.
Upon notification confirmed in writing by Employer to Lodge that any F.O.P. member(s) are engaged in a strike as defined in the Fire and Police Arbitration Act, Section 51-102, Lodge shall immediately order such F.O.P. member(s) to return to work at once.  Lodge agrees to take all-reasonable action to secure the member(s) return to work as soon as possible.

SECTION 3.
Employer agrees that it shall not lock out any employees because of a labor dispute nor conduct any activities to discourage employees from exercising or asserting their rights pursuant to this agreement, local, state or federal Law.  Further, Employer agrees not to engage in any activities or actions that promotes or allows a hostile working environment against employees.

ARTICLE 9
LODGE BUSINESS

SECTION 1.
The Lodge shall be granted up to forty (40) hours per fiscal year to attend either the State Fraternal Order of Police functions or the National Fraternal Order of Police functions.  The Lodge will decide which Lodge members will attend these functions.  Notification to the Police Department administration must be given seven days in advance of requested time off. The chosen representative(s) must be on full-duty status, i.e. not on light duty or any injury or illness leave, with the Skiatook Police Department.

Any Lodge Business that is CLEET accredited, would not be considered Lodge business, and would not be charged against the 40 hours granted to the Lodge for Lodge business, with prior approval of the Chief of Police.

SECTION 2.
The members of the Lodge’s negotiating team, not to exceed two (2), shall be allowed time while already on duty, subject to emergency call, to attend negotiating sessions which shall be set by the Employer and the Lodge for the purpose of collective bargaining.

SECTION 3.
The President, Vice-President, Secretary, Treasurer and Parliamentarian of the Lodge shall be allowed duty time to attend regularly scheduled Lodge meetings, if their regular shift occurs during the time in which such meetings are held. All members shall be able to attend Lodge meetings while on duty, subject to immediate call.

ARTICLE 10
BULLETIN BOARDS

SECTION 1.
Employer agrees to allow the Lodge a bulletin board(s) located in the officers’ area(s) at the Police Department Building. The exact location shall be mutually agreeable to the Parties.

SECTION 2.
The said bulletin board(s) shall be used for the purpose of posting notices of F.O.P. meetings, elections, election returns, F.O.P. appointments to office, shift-bid list, recruitment, off-duty employment opportunities, educational, recreational and social affairs or such other matters of the Fraternal Order of Police.

SECTION 3.
It is understood by this Article that all material posted on the bulletin board(s) shall be consistent with what is reasonably and generally accepted to be appropriate in a public professional setting. It shall be the responsibility of the Lodge to insure the bulletin board(s) are current and properly maintained. Further, the Lodge will insure that the posting of such materials is limited only to those bulletin board(s) provided for the F.O.P.

SECTION 4.
All material posted shall have the approval and signature of the Lodge President, Vice-President, Secretary or Treasurer.

ARTICLE 11
SENIORITY

SECTION 1.
As used herein, the term “seniority” shall refer to and be defined as the continuous length of service or employment from the original date of hire as a full-time commissioned Police Officer / employee and as applicable, in each classification. Original date of hire is defined as the date the employee reports for duty and begins paid service for the Town of Skiatook

SECTION 2.
Seniority shall be determined as between two (2) or more employees by the highest rank. When two (2) or more employees are of the same rank, seniority shall be determined by the length of service within the rank. As between two (2) or more employees of the same rank who have the same length of service in the said rank, seniority shall be determined by the length of continuous service as a police officer with the Skiatook Police Department. If, after the application of the criteria set forth in this section, there still remains a question as to seniority between two (2) or more officers, then, and in that event, seniority shall be determined between them by the highest grade ranking in their basic C.L.E.E.T. Academy Class.

SECTION 3.
Seniority shall terminate for the purposes defined in above sections, when any employee covered hereby, terminates their employment with the Town of Skiatook Police Department for any reason, to include retirement. For purposes of this agreement, Parties agree that “covered hereby” shall be defined as all full-time Police Officers.Upon initial hire, Parties agree to a one (1) year “probationary” period. Upon change in classification, Parties agree to a six (6) month “probationary” period. This probationary period is established strictly for the purposes of employee evaluation and training for the respective position being filled. This section does not exclude any employee to full rights, access and protection of all Articles of this Agreement.

ARTICLE 12
PERSONNEL REDUCTION

In the event of a reduction in force, employees shall be laid off in inverse order of seniority, to be determined by the employee’s original date of hire. Employees shall be recalled from layoff status by seniority, to be determined by the employee’s original date of hire. Recall rights shall be preserved for a period of one (1) year from the date of layoff. Notice of recall shall be mailed via certified mail to the Lodge and to the employee, at their last place of residence shown on the Employer’s personnel records. Any employee who fails to report for duty within thirty (30) business days following receipt of the notice of recall or within thirty (30) business days following attempted delivery of such notice if the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated their employment. No new employees will be hired until the employees laid off and the Lodge have been notified of recall.
 

ARTICLE 13
POLICE OFFICERS 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 any 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 such incident such interrogation shall be conducted under the following conditions:

           A. Non Criminal complaints must be reported within thirty (30) calendar days of the alleged offense or incident
                to be investigated. A signed notarized complaint form must be completed by the complaining party for an
               investigation to take place. Complaints received after thirty (30) calendar days from the alleged offense or
               incident may be looked into but can go no further than counseling with the employee if needed or
               appropriate. There will be no time limits or constraints for complaints involving criminal misconduct.

           B. Interrogation:  When an Officer is under investigation by the Skiatook Police Department for a complaint
              received, and is to be interrogated in respect to such complaint by other members of the Department or
              when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall
              be conducted as follows:

           C. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Skiatook Police
                Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint
                by other members of the department or 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:

                          1. 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 complaint, no
                             member of the Department can stand in as complainant or aggrieved person, in order to protect the
                             identity of the complaint or aggrieved person.  The only exception shall be in the instance of
                             criminal complaints against an officer.

                         2.  Preliminary discussion and/or reports requested by supervisory personnel within the Police
                              Department, in relation to a complaint received, shall not be considered as interrogation as used
                              herein.

                         3.  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.

                         4.  The Officer being interrogated/interviewed shall be informed of the nature of the investigation prior
                             to any interrogation/interview.

                         5.  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 informed of his/her rights, as required pursuant
                            to this procedure prior to the commencement of the interrogation and of his/her 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/she shall have the right to be
                            represented by counsel or any other representative of his/her choice who may be present at all
                            times during such interrogation at no additional expense to the Employer.

                         9.  Interrogation/interviewing of Officers will be taped or recorded in written form. 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.

                                    A.  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/she shall be notified in writing as to the action being taken and the reasons
                                        thereof.

                                    B.  No Officer shall be discharged, disciplined, 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.

                                    C.  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.

                                    D.  Disputed, disagreements, or grievances resulting from any lack of clarity in language, shall
                                        be resolved through the grievance process.

                                    E. 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.

SECTION 3.
After any investigation conducted on an Officer, the Chief of Police will determine the final classification of the complaint within sixty days of the date the officer is notified of an investigation.  If the Chief of Police needs an extension of time to complete the investigation, he will give written notice to the Town Coordinator and the officer under investigation.  The Chief of Police will meet with the Town Coordinator (or designated representative) within ten days of the written request, to explain the reasons an extension is needed.  The Town Coordinator will determine if an extension is to be granted for up to 60 additional days.  The officer will be notified if an extension has been granted or the final determination of the investigation within five (5) days.

The officer will be notified of the findings of the investigation in one of the following ways:

           (a)  Unfounded        The allegation was false or not factual or did not occur.        
           (b)  Exonerated       The employee’s actions were within the scope of his/her authority, complied with
                                            departmental guidelines and were lawful and proper.
           (c)  Sustained          The allegation is supported by sufficient evidence.
           (d)  Not Sustained   There is insufficient evidence to prove or disprove the allegation.

ARTICLE 14
GRIEVANCE PROCEDURE

SECTION 1.
The F.O.P or any employee covered by this Agreement may file a grievance within ten (10) Calendar days of the alleged discovery or knowledge of the objectionable event. All covered employees shall be afforded the full treatment and protection of federal and state laws, statues, and regulations, to include but not limited to, the Garrity Ruling, the Weingarten Ruling, the Mathis Ruling, as well as all Articles of this Agreement.

SECTION 2.
The F.O.P.  President or his designee may report an impending grievance to the Chief of Police, in an effort to forestall its occurrence and / or obtain resolution.

SECTION 3.
A grievance shall be defined as any controversy or dispute between the Employer and the F.O.P. or any employee, concerning the interpretation, enforcement or application of any provision of this Collective Bargaining Agreement, Such Grievances shall be settled in the following manner:

           STEP ONE
                    An employee shall, with or without an F.O.P. representative, first discuss a grievance with the
                     employee’s immediate supervisor in an attempt to reach a satisfactory solution. In this step, the 
                     employee may choose to submit the grievance orally or in writing. The supervisors are encouraged to
                     counsel with the employee and with their supervisor in their review and handling of the situation. The
                     supervisor’s response to the employee and /or the F.O.P. representative shall be within (5) five calendar
                     days and shall be in the same manner as the grievance received. The majority of grievances shall be
                     resolved in this step.

          STEP TWO
                   If the grievance is not settled by the provision of step 1, it shall be submitted in writing within five (5)
                   calendar days from the receipt of the supervisor’s response, or lack thereof, to the F.O.P.  within ten (10)
                   calendar days, the F.O.P. shall determine in their discretion and judgment, whether or not a grievance
                   exists as defined in section 3 above.

                          (a) If the F.O.P finds a grievance does not exist the grievance is over.
                          (b) if the F.O.P. finds a grievance does exist, the procedure of step 3 shall apply.
 
       STEP THREE
                 If the F.O.P finds a grievance does exist, the grievance shall be forwarded in writing within five (5)
                 calendar days to the Chief Of Police for settlement. The grievant and the Chief shall have a right to a
                 conference at this step at which the employee shall have the right to the F.O.P. representative of his choice.
                 A copy of the grievance shall be sent to the Town Coordinator.  If the response from the Chief Of Police is
                 not satisfactory thereby resolving the grievance a meeting shall be held within ten (10) calendar days
                 between the employee, F.O.P. Representative, Chief of Police, Town Attorney, and the Town
                 Coordinator.
      STEP FOUR
                If the grievance is not satisfactorily resolved in Step 3, the F.O.P. shall advise the Town Coordinator within
                ten (10) business days upon receiving such response, that the grievance is being withdrawn or that the he
                aggrieved employee elects to submit the grievance to arbitration.

               If agreed upon by both parties, mediation can be requested through the Federal Mediation and Conciliation
                Service.

     STEP FIVE
               a.  The Parties shall jointly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation
                    Service (FMCS). In order to obtain a neutral arbitrator.

               b.  Within ten (10) calendar days from the receipt of such list, a designated representative of the F.O.P. and
                     the Town Coordinator, shall meet and alternately strike names, until one (1) arbitrator remains, who
                     shall be selected as the impartial Arbitrator. The F.O.P and the Town Coordinator shall alternately
                     strike the first name.  The Town Coordinator will strike first on odd numbered arbitration’s. The F.O.P.
                     will strike first on even numbered arbitration’s. The F.O.P. and the Town will be responsible for  
                     coordinating these actions. Upon the selection of the Arbitrator, the Parties will notify the FMCS.  
                     This meeting, name striking and notification process shall be completed within ten (10) business days.

               c.  Upon notification to the FMCS of the selection of the Arbitrator and that individual is contacted, the date
                    for the arbitration hearing shall be set within ten (10) business days from the date the Arbitrator is notified
                    of his or her selection if at all possible.

               d. The Arbitrator shall call and conduct a hearing, giving at least seven (7) days notice in writing to the
                    Parties of the time and place for such hearing. The hearing shall be informal and the rules of evidence
                    prevailing in judicial proceedings shall be persuasive but not binding. Any and all documentary evidence
                    and other data deemed relevant by the Arbitrator may be entered into evidence. The Arbitrator shall
                    have the power to administer oaths and to require by subpoena the attendance and testimony of
                    witnesses, the production of books, records and other evidence relative or pertinent to the issue/s
                    presented for determination. The hearing will be completed no later than twenty (20) days from the time
                    of commencement. As an option, the Arbitrator may issue a bench decision.

               e. Within thirty (30) calendar days after the conclusion of the hearing, or as soon as possible thereafter, the
                    Arbitrator shall issue a written opinion, containing the findings and recommendations with respect to the
                    issues presented. A copy of the decision shall be mailed or delivered to the Lodge and to the Employer.

               f.  With respect to the interpretation, enforcement or application of the provisions of this Agreement, the
                    findings and recommendations of the Arbitrator shall be final and binding on the Parties to this Agreement
                    and shall take effect no later than twenty (20) business days after receipt of the Arbitrator’s decision.


               g.  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 this Agreement or to arbitrate away, in whole or in part,
                   any provision amendments thereof. This shall not preclude individual wage grievances.

             h. The cost of the impartial arbitration shall be shared equally between the F.O.P. and the Employer. If a
                 transcript of the proceedings is requested, it shall be the responsibility of the requesting party to pay for it.

SECTION 4.
All time limits set forth in this Article and this Agreement may be extended by written mutual consent of the Parties.
Failure to abide by the established time limits without written mutual consent extension shall result in an “in-favor” decision
or “forfeit to” decision for the other party.  This provision shall not be construed as a means to employ deception or trickery
by either of the Parties, to obtain a premature decision or to avoid due process pursuant to this Agreement.  All
correspondence between all involved persons in this process should be by such delivery system as to ensure verifiable
receipt.  Parties shall work together professionally and encourage as well as promote that the provisions of this Agreement
are met.

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, TO LITIGATE OR OTHERWISE CONTEST THE LAST ANSWER RENDERED THROUGH THE GRIEVANCE PROCEDURE IN ANY COURT OR OTHER APPEALS FORUM. EXCEPT PROCEDURES WHICH MAY BE AVAILABLE UNDER THE TOWN OF SKIATOOK CHARTER OR ORDINANCES OR OTHER STATE OR FEDERAL LAW WHICH MAY BE APPLICABLE.

ARTICLE 15
PAY SCALE

SECTION 1.
Effective upon signing of this agreement, all employees covered by this agreement shall be placed within the appropriate pay step in accordance with the pay chart and pay step placements referenced within this contract as Appendix A (Police Pay Chart).  The effective date of the pay step placements, excluding officers still in their initial employment probationary period, will be July 1.

SECTION 2.
Employees who are not C.L.E.E.T. certified shall be eligible for the Non-Certified Starting rate and will remain in that step until completion of the C.L.E.E.T. academy, at which time they will be moved to the C.L.E.E.T. Certified Starting Rate until the completion of year one (1).  Employees who are C.L.E.E.T. certified shall start at the C.L.E.E.T. Certified Rate.  All officers shall go to Step C (upon completion of C.L.E.E.T. certification and successful probation) after the completion of the first year and shall be eligible to move through the remaining pay step(s) every year with the exception of step J.  Employees, who will achieve ten years of service during the contract year or before, will go to step J.

SECTION 3.
Sergeants and Lieutenants will be paid according to their years of service within their rank. New Sergeants and Lieutenants will begin in year 1 and progress through the respective steps. All Sergeants and Lieutenants covered by this agreement shall be placed within the appropriate pay step in accordance with the pay chart and pay step placements referenced within this contract as Appendix A (Police Pay Chart). 

SECTION 4.
For fiscal year 2009-2010 there will be a total increase of no less than 4% or C.O.L.A. to a maximum of 5.5 % whichever is higher. This increase will affect each step in accordance with the percentage of increase currently in place between steps with the exceptions of the Non-CLEET, CLEET section which will remain the same for 2009-2010. The sections I and J will both increase a total of whichever percentage is higher. Sergeants and lieutenants pay scale will increase in each step the total percentage determined to be the highest in accordance with this section. This adjusted pay scale will become effective July 1, 2009.

  

			Skiatook Police Pay Chart**
NON	CLEET
Certified	Certified
Starting	Starting		C	D	E	F	G	H	I	J
Classification: Officer*
$12.00	$12.50	$13.04	$13.35	$13.68	$14.02	$14.36	$14.75	$15.16	$16.03	$16.03
Classification: Sergeant				Year 1	Year 2	Year 3
				$16.29	$16.78	$17.11
				Year 1	Year 2
Classification: Lieutenant				$17.61	$18.23

ARTICLE 16
INSURANCE

SECTION 1.
The Employer will provide Health Insurance Benefits through an HMO plan to members of the Lodge and their dependants. Employee and family premiums are paid in full by the Employer.

SECTION 2.
The Employer will provide Dental Insurance to members of the Lodge and their dependants. The Employer will pay one-half of the dental insurance premiums for the employee and dependants, and the employee is responsible for one-half of the premium. Participation in the dental plan is optional.

SECTION 3.
The Employer will provide Life Insurance Plans for employees and their dependants. Life insurance premiums are paid by the Employer. The plan provides a death benefit of a maximum of $50,000 for employees under the age of 65, $5,000 for a spouse and $2,000 for dependants. Death benefits are reduced for employees over 65 years of age.

ARTICLE 17
LONGEVITY

SECTION 1.
All members of the Lodge who are full time employees of the Town, as of October of the current year, and who are in the Town’s active employee in November of the current year, receive longevity pay at a rate as prescribed in the table below. Longevity pay shall not exceed 240 months of service. To receive longevity pay, an employee must be in the Town’s employee at the time longevity pay is distributed. Longevity pay is to be distributed as a separate payroll check, subject to all required deductions, at the time regular paychecks are distributed on the first payday in November of the current year. Longevity pay is determined by a calculation of the total number of months an employee in full time status will have been employed through the month of October of the current year times the prescribed amount in the table below. The base for the beginning calculation is the month of the employee’s initial date of employment.

Up to 60 months (5 years)                                            $5.00 per month for each month of employment

60 months to 120 months (5 yearsto 10 years)              $6.00 per month for each month of employment

120 months and over (over 10 years)                            $7.00 per month for each month of employment

ARTICLE 18
DUES DEDUCTION

SECTION 1.
The Employer agrees to deduct regular monthly dues from earned wages of those employees of the collective Lodge. The deduction shall be made twice per month from each member’s paycheck in an amount certified to be current by the treasurer of the Lodge.  A check for the total deduction will be picked up by the secretary, treasurer or president of the Lodge, and signed for no later than fifteen (15) calendar days after the deduction is made, unless otherwise specified in writing. Members of the Lodge shall individually sign an authorization card provided by the Lodge and approved by the employer, authorizing the stated monthly dues 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. 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 to be deducted.

SSECTION 3.
The Employer shall provide the Lodge Treasurer with a detailed report showing the employee’s name and deduction amount at the time of payment to the Lodge.

SECTION 4.
All deductions shall be for the month in which they are deducted. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer will not be held responsible for errors. In the case of an error or improper deduction being 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.
The payroll deduction shall be revocable by the employee, should he resign from the Lodge, by notifying the Employer in writing and co-signed by the treasurer of the Lodge. Such notification shall be presented to the payroll office by the first day of the month.

ARTICLE 19
Annual/Sick Leave

SECTION 1. Annual Leave
For the purpose of this agreement, Holiday leave, personal leave and Vacation leave is defined as Annual leave.  Officers of the Town of Skiatook are eligible to accrue Annual leave at a rate 14.67 hours per month beginning after their first month of employment not to exceed 176 hours per year, within the first four years of service.  Officers may choose to sell up to 80 hours per contract year once accrued at their current rate of pay.  Officers wishing to sell their Annual Leave must notify the Payroll Department ten (10) business days before issuance of pay can occur.   One Hundred seventy-six (176) hours is based upon the following calculation: 80 hours Vacation leave, 72 hours of Holiday leave and 24 hours of Personal leave. After completion of five years of service, officers of the Town of Skiatook will receive an additional eight (8) hours of Personal leave, for a total of thirty-two (32) hours of Personal leave.

The rate of accumulation and maximums are listed in the table below:

SECTION 2. Sick Leave
Officers of the Town are eligible for sick leave after the ^1st month of service. Sick leave is accrued at a rate of 5.33 hours per month up to the twelfth (12) month of consecutive employment with the Town.  After 12 months of service, an officer is eligible to accrue at a rate of eight (8) hours per month.

As an incentive program officers may sell (at regular rate of pay) up to two (2) days of sick leave per year on January 1^st, providing they have not used any sick leave in the pervious twelve (12) months.  An Officer may choose to retain this time instead of receiving monetary compensation.  Officers eligible for pay back must notify the Payroll Department on or ten (10) business days before January 1^st of each year if they wish to be paid for this time

ARTICLE 20
Overtime/Compensatory Time

SECTION 1. Overtime
Each officer who works in excess of 80 hours per pay period is eligible for overtime compensation. Overtime compensation is paid at a rate of 1 ½ times the rate of that officer’s hourly wage. An officer has the option of receiving Compensatory Time in lieu of Overtime pay.
 

SECTION 2. Compensatory Time
Compensatory time is an option available to each officer, in lieu of Overtime pay. Compensatory time is accrued at a1 ½ hours of leave for each overtime hour worked.

ARTICLE 21
Clothing Allowance

SECTION 1. Clothing Allowance
Police Officers will receive a $600.00 voucher to purchase authorized uniforms and equipment the payment will be made on or one week after the first Town Board meeting in July.

The voucher must be used to purchase authorized uniforms or equipment. The Police Chief will review and evaluate the Officer’s uniforms or equipment to assure that a minimum dress standard is maintained.

Uniforms and uniform equipment purchased through the voucher system will be the property of the officer after one (1) year unless the officer’s employment is terminated for cause. Uniform equipment and property issued by the Department or Town will be returned to the Department upon separation of employment (i.e. Badge, Commission Card, issued Firearms, Vehicle or equipment assigned to vehicle, issued raincoats, patches, body armor, issued radios/chargers, etc.)

SECTION 2. Body Armor Replacement
The Town provides Body Armor for each Police Officer. Body armor is to be replaced every 5 years or before, as needed. Officers and supervisors will notify their supervisor immediately if their body armor becomes useless or needs replaced.  Body armor must be replaced with the same grade or better, than the officer currently wears.

SECTION 3.  Ammunition Replacement
Since officers are required to carry and use only approved ammunition, The Town shall, during the term hereof, provide each officer with handgun ammunition, same to be utilized only in the course of duty.  Further, to those officers who have department-issued or department-approved shotguns, such officer shall receive department approved shotgun shells to be utilized only in the course of duty.  Approved ammunition will be issued to each officer by October 1^st of the contract year.  Officers will also be issued practice ammunition upon approval of the Chief.

ARTICLE 22
Light Duty

SECTION 1.
The Town may allow officers that cannot work full duty, due to injury or illness not covered by workers’ compensation, to work light duty for up to 30 calendar days.  Any assignment lasting for more than a 30 day period is at the sole discretion of the Chief of Police. Light duty assignments must be identified by an immediate need and benefit to the Department, must complement the normal functions of the Department and must be within the reasonable capabilities of the temporary disabled officer.

The Officer will produce a light duty release form, from the attending physician, stating his/her limits and restrictions before beginning light duty. The officer on light duty will not be discriminated against in any way do to his/her injury or illness.

ARTICLE 23
Work Schedule

SECTION 1.
The parties agree the work period established for employees by this Agreement shall be consistent with the Fair Labor Standards Act.  All employees covered by this Agreement are eligible for overtime compensation.  For the purpose of this Agreement, the established work periods shall be fourteen days (80 hours per two-week period).

SECTION 2
An employee, who is off duty and is called in to work or ordered to report for court, when such time is outside the employee’s regularly scheduled shift, shall receive a minimum of two (2) hours overtime.  The employee who is off duty shall be paid overtime pay until dismissed by the court for the day.

SECTION 3
The Chief of Police shall make every effort to grant compensatory time off in whole.  The Chief of Police or his designated representative shall authorize all such compensatory time off before it is taken.

ARTICLE 24
FULL & FINAL AGREEMENT

SECTION 1.
The Employer and the Lodge concur that this Agreement is intended to cover any and all matters affecting wages, hours and all other terms and conditions of employment. During the term of this Agreement, neither the Employer nor the Lodge will be required to negotiate on any matters affecting these or other related subjects, not specifically set forth in this Agreement or currently in effect under policies & procedures and past practices.

SECTION 2.
All modifications to this Agreement must be made in writing and signed by the Parties before such modification shall become effective. Oral agreements, modifications or statements, whether made prior, contemporaneous or subsequent to the execution of this Agreement, shall be utterly without force and effect.

ARTICLE 25
PROMOTIONS

SECTION 1.   There is created for promotion purposes a “Promotions Policy/Procedure” regarding officer promotions within the Skiatook Police Department.  The standard requirements to be eligible for testing/promotion to the below listed ranks shall be as follows:

             A. Sergeant:  Must be a certified police officer with at least three (3) years experience as a full-time police
                  officer with the Town of Skiatook  In the event there are no officers who meet the preceding criteria,
                  officers with at least two (2) years experience with the Town of Skiatook will be eligible for the position.

             B. Lieutenant: Must be a Sergeant with the Town of Skiatook for at least (1) year

SECTION 2.Promotional tests shall be divided into the following three (3) categories and weighted accordingly:

             A. Written Test
                        a. Accounts for 40% of total score.
                        b. Written tests will be prepared and scored by the International Association of Chiefs of Police, the
                             International Personnel Management Association, or the Human Resources Department of the
                             Town of Skiatook.

             B. Oral Test
                         a. Accounts for 40% of total score.
                         b. The Oral Testing Board will consist of three (3) officers from other law enforcement agencies of
                             equal or higher rank than the test position being test for.

             C. Chief’s Review

                          a. Accounts for 20% of the total score
                          b. An interview will be conducted by the Chief of Police and he or
                              she will score each promotion candidate.

SECTION 3.Upon completion of all testing, a list consisting of the top three (3) candidates ranked in order of their final scores will be presented to the Town Coordinator  by the Chief of Police for approval.

SECTION 4.Promotional lists will be valid for one (1) year from the date of approval by the Town Coordinator.  Any vacancies occurring during that year can be filled from qualified applicants on the promotion list starting with the highest ranked candidate continuing down in numerical order...

ARTICLE 26
FIREARMS QUALIFICATIONS

SECTION 1.
During the course of the year, the Skiatook Police Department shall conduct firearms training.  Each officer will be allowed to shoot up to 5 (five) times in order to qualify with their handgun as prescribed by the Oklahoma Council on Law Enforcement Education and Training (C.L.E.E.T.) Once and officer has shot a qualifying score any additional shooting will be at the officer’s expense. Each officer will be required to obtain a minimum score, as established by C.L.E.E.T.

SECTION 2.
Officers who are not able to comply with Section 1 of this article will be placed on restricted duty and required to attend a remedial firearms training course as prescribed by the Department. Officers who fail to pass the Department’s remedial firearms training will be assigned to attend remedial firearms training as prescribed by C.L.E.E.T. Officer s who fail to qualify after receiving C.L.E.E.T.’s remedial firearms training will lose their ability to continue their employment as a full time officer for the Skiatook Police Department. Officers who qualify during any of the remedial training courses will be immediately returned to full duty status.

ARTICLE 27
POLICY & PROCEDURES REVIEW COMMITTEE

SECTION 1.
The Employer and Lodge agree to cooperate in the continuing improvement of the operational guidelines of the Skiatook Police Department while carrying out the mission of the Employer.  The Employer and the Lodge agree to establish a joint committee, which shall consist of one representative of the Employer, one representative of the Lodge, and one representative to be agreed upon by both parties.  The committee shall meet quarterly and at other times deemed appropriate by the committee. 

SECTION 2.
The Policy & Procedures Review Committee will meet on a regular basis to review the policy and procedures directing the Skiatook Police Department.  They may make recommendations for changes to the Policy and Procedures Manual, which may include, but not be limited to, removal of outdated language or policies, addition of needed guidelines, change in current guidelines to more effectively address present issues.

SECTION 3.
Any recommendations for changes to the Policy and Procedures Manual will be presented to the Chief of Police for his review.  These recommendations may be returned to the Committee for further consideration or forwarded to the Town Coordinator for his review and possible submission to the Board of Trustees for final approval and inclusion in the Policy and Procedures Manual.

SECTION 4.
The Lodge and the Employer agree to make every effort to provide the Skiatook Police Department with the operational guidelines necessary to serve and protect the citizens of the Town of Skiatook.

ARTICLE 28
Drug and Alcohol Testing

The Lodge recognizes the Town has a drug and alcohol testing procedure, in accordance with 40 O.S. § 551 et seq., and agrees the members of the Lodge will be bound by the policies and/or ordinances adopted by the Town as of the effective date of this contract and in accordance with or as amended by state statutes.

ARTICLE 29
Vacation Requests

An employee may schedule his vacation at any time during the year where such scheduling does not interfere with the manpower requirements within the department. In the event vacation requests are turned in at the same time for the same date, the officer having seniority shall be given priority. However, Vacations scheduled for one (1) calendar week or longer will have priority over vacation requests for lesser periods of time regardless of seniority. Requests for vacations lasting for one (1) calendar week or longer may be submitted four (4) months in advance. Requests for vacation time of less than one (1) calendar week may be submitted thirty (30) days in advance but not sooner. Once a vacation request has been approved “bumping” based on seniority will not be allowed.

Memorandum of Understanding

 F.O.P. Lodge #166 and the Town of Skiatook agree that during the 2008-2009 contract year, the following will be
in force as if it were part of the Collective Bargaining Agreement:

The Parties agree that a one time additional four hundred (400) dollar uniform voucher will be given to each officer that does not have a Sam Browne basket weave duty belt. A one hundred (100) dollar voucher will be given to those officers that already have a Sam Browne basket weave duty belt. The purpose of this voucher is to bring every full time officer in compliance with the current Police Department Uniform Policy. The Voucher will only be used to purchase a Sam Browne basket weave duty belt. This should include the belt with buckle, if non Velcro, double magazine case, holster, handcuff case, radio case, four (4) belt keepers, hidden snaps, ASP baton holder (if needed), Flashlight holder (if needed), and O.C. holder (if needed) 

DOWNLOAD PDF