Extracted text (via pymupdf)
80664 characters
MEMORANDUM OF UNDERSTANDING
July 1, 2022 – June 30, 2024
CITY OF CHANDLER
AND
POLICE SERGEANTS BARGAINING UNIT
2
Table of Contents
PREAMBLE ........................................................................................................................................... 4
ARTICLE 1: RIGHTS .............................................................................................................................. 5
Section 1 – 1: Purpose/Gender ...................................................................................................... 5
Section 1 – 2: City and Management Rights .................................................................................. 5
Section 1 – 3: Rights of the Association ......................................................................................... 6
Section 1 – 4: Sergeant Rights ...................................................................................................... 11
Section 1 – 5: Prohibition of Strike and Lockouts ....................................................................... 16
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT ..................................................... 17
Section 2 – 1: Grievance Procedure ............................................................................................. 17
Section 2 – 2: Labor-Management Committee ........................................................................... 19
ARTICLE 3: COMPENSATION AND WAGES ...................................................................................... 19
Section 3 – 1: Merit Pay ................................................................................................................ 20
Section 3 – 2: Longevity Pay ......................................................................................................... 20
Section 3 – 3: Total Annual Cash Compensation Survey ........................................................... 20
Section 3 – 4: Field Training Pay/Special Assignment Pay Differential ..................................... 22
Section 3 – 5: Interpreting and Translation Pay ......................................................................... 23
Section 3 – 6: Overtime ................................................................................................................. 23
Section 3 – 7: Court Overtime ...................................................................................................... 24
Section 3 – 8: Jury Duty ................................................................................................................. 25
Section 3 – 9: Call-Out Pay ............................................................................................................ 25
Section 3 – 10: Swing Shift and Night Shift Differential Pay ...................................................... 26
Section 3 – 11: Deferred Compensation ..................................................................................... 26
Section 3 – 12: Vacation and Comp Time Cash Out ................................................................... 26
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ................................................................. 27
Section 4 – 1: Hours ...................................................................................................................... 27
ARTICLE 5: BENEFITS ......................................................................................................................... 27
Section 5 – 1: Health Insurance.................................................................................................... 27
Section 5 – 2: Dental Insurance .................................................................................................... 27
Section 5 – 3: Life Insurance ......................................................................................................... 28
Section 5 – 4: Vacation Leave ....................................................................................................... 28
Section 5 – 4A: Maximum Accrual of Vacation Credits .............................................................. 29
Section 5 – 5: Holidays .................................................................................................................. 29
3
Section 5 – 6: Sick Leave ............................................................................................................... 31
Section 5 – 6A: Payment of Sick Leave at Retirement or Death ................................................ 32
Section 5 – 7: Retirement Health Savings Plan ........................................................................... 33
Section 5 – 8: Training and Reimbursement ............................................................................... 33
Section 5 – 8: Out-Of-State Vacation Recall ................................................................................ 35
Section 5 – 9: Uniform, Clothing, and Equipment ...................................................................... 35
ARTICLE 6: MISCELLANEOUS ........................................................................................................... 35
Section 6 – 1: Saving Clause ......................................................................................................... 35
Section 6 – 2: Copies of Memorandum ....................................................................................... 36
Section 6 – 3: Seniority .................................................................................................................. 36
Section 6 – 4: Limited Duty Status ............................................................................................... 37
Section 6 – 5: Changes in Departmental General Orders Pursuant to this Memorandum .... 37
Section 6 – 6: Term and Effect of Memorandum ....................................................................... 37
4
PREAMBLE
Whereas the well-being and morale of the Sergeants of the City are benefited by
providing an opportunity to participate in the formulation of policies and practices
affecting the wages, hours, benefits, and other conditions of their employment; and
Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of the City government provided for under the statutes of the State
of Arizona or the charter or ordinances of the City; and
Whereas the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, benefits, and other conditions of employment in the
bargaining unit; and
Now therefore, the City of Chandler, hereinafter referred to as the “City” and CLASA,
hereinafter referred to as the “Association” having reached this complete agreement
concerning wages, hours, and working conditions for the term specified, the parties
submit the Memorandum to the Mayor and the City Council of the City of Chandler with
their joint recommendation that the body resolve to adopt its terms.
5
ARTICLE 1: RIGHTS
Section 1 – 1: Purpose/Gender
It is the purpose of this Memorandum to continue and maintain harmonious relations,
cooperation, and understanding between the City and its Sergeants; and to set forth
the full and entire understanding of the parties reached as a result of a good faith
meeting and conferring regarding wages, hours, benefits, terms and other conditions
of employment of the Sergeants covered hereby, which understanding the parties
intend jointly to submit and recommend for approval and implementation to the Mayor
and City Council.
Whenever any words used herein are in the masculine, feminine, or neuter, they shall
be construed as though they were also used in another gender in all cases where they
would so apply.
Section 1 – 2: City and Management Rights
The City and the City Manager’s rights are not subjugated or diminished in any way by
any expressed or implied duty or obligation to meet and confer. Retained management
rights are not subject to the grievance procedure contained in any Memorandum of
Understanding, nor are they subject to any other appeal or complaint process.
1) Subject to the terms of this Memorandum the City has and will continue to
retain, whether exercised or not, the unilateral and exclusive right to operate,
administer, and manage its municipal services and work force performing
those services. The authority of the City shall not be modified or limited by
inference or implication.
2) Subject to the terms of this Memorandum, the exclusive rights of the City shall
include, but not be limited to:
• The right to determine the organization of City government, the purpose
of each of its departments, and the purpose and mission of its constituent
agencies, boards, and commissions.
• Set standards of service to be offered to the public, and through its
management officials to exercise control and discretion over its
organization and operations, to establish rules and practices governing
the conduct of Sergeants, to direct and supervise its Sergeants and their
work, to take disciplinary action, to relieve its Sergeants from duty because
6
of lack of work or for other legitimate reasons, to determine whether
goods and or services shall be made.
• Determine whether goods and or services shall be made, purchased, or
contracted for.
• Determine the methods, means and personnel by which the City’s services
are to be provided, including the right to schedule, and assign work and
overtime, to hire, transfer and reassign Sergeants and to otherwise act in
the interests of efficient service to the community.
• The City reserves the right to establish and revise work schedules and work
locations; to establish, revise and implement standards for hiring and
promoting Sergeants; to determine the need for additional positions and
the qualifications of new Sergeants and to determine the qualifications for
and/or the qualifications of Sergeants considered for transfer and/or
promotion; to evaluate and judge the skill, ability and efficiency and
general work performance of Sergeants.
• Adopt and manage its budget, provide for the funding of certain levels of
service, to add, delete, modify, or suspend certain programs, functions,
divisions, and departments as the City Council in the exercise of its
legislative authority to create and manage the City’s budget and to
determine whatever action to be necessary and appropriate.
• Take all necessary actions to maintain uninterrupted service to the
community.
3) The City retains all rights not specifically limited by a Memorandum of
Understanding approved in accordance with the provisions of the Meet and
Confer Ordinance, Chandler City Code § 2-13, as amended.
4) The enumeration of the above rights is illustrative only and is not to be
construed as being all-inclusive.
Section 1 – 3: Rights of the Association
A. The City recognizes the Chandler Lieutenants and Sergeant Association as the sole
and exclusive Meet and Confer authorized representative, pursuant to the Meet and
Confer Ordinance for purposes of the representation regarding wages, hours,
benefits, and other conditions of employment for all regular full-time Sergeants in
the employee group. The Associations shall have no rights beyond those specified
in the Meet and Confer Ordinance as amended, Title 38 of the Revised Arizona State
Statute and this Memorandum.
Members of the group shall hereinafter be referred to as “Sergeants.”
7
B. Certain specified representatives of the Association have the right to paid release
time herein as follows:
1) The Association may designate up to five (5) Executive Board member
representatives and shall notify the Chief of Police in writing of such
designations. There shall be no obligation on the City to change or adjust
normal departmental scheduling or assignments of personnel as a result of
such designations.
2) One (1) representative may, when the Association is designated in writing by
the Association member as their representative, attend mutually scheduled
grievance meetings and hearings with department and City representatives
without loss of pay or benefits. In no event shall this paid release time be
used for any other purposes, such as gathering information, interviewing the
grievant/appellant or witnesses, or preparing a presentation. The Association
representative is required to obtain the permission of their department
supervisor to absent himself from their duties to attend scheduled grievance
meetings. Subject to operational needs and scheduling factors, this
permission shall not be unreasonably withheld. An Association
representative wishing to enter a work area for the purpose of investigating
a formal grievance must first gain the permission of the work area supervisor.
This permission will not be unreasonably withheld, giving proper
consideration to essential work of the department and the occupational
safety of the Association representative.
C. Payroll Dues Deduction
1) The City shall deduct yearly from all twenty-six (26) checks of Association
members, the regular periodic Association membership dues pursuant to the
City’s deduction authorization form duly completed and signed by the
employee and transmit such deductions monthly to the Association no later
than the fourteenth (14th) day following the end of the pay period in which the
deduction occurs, along with an alphabetical list of all Sergeants for whom the
deductions have been made. Such deduction shall be made only when the
Association member’s earnings for a pay period are sufficient after other
legally required deductions are made.
2) Authorization for membership dues deduction herein shall remain in effect
during the term hereof unless revoked in writing by the Sergeant. The City
shall accept revocation of deductions only during the first week of January and
8
July of the term of this Memorandum to be effective the following payroll
period. The City will notify the Association of any revocations submitted to it.
3) The City shall not make any payroll deductions for Sergeants on behalf of any
other organization that purports to provide benefits similar to those offered
by the designated Association (as defined in the Meet and Confer Ordinance
as amended) during the term of this Memorandum.
4) It is agreed that the City assumes no liability on account of any actions taken
pursuant to this Section. The City will; however, as promptly as technically
possible, implement changes brought to its attention.
5) The City shall, at the written request of the Association during the term of this
Memorandum, make changes in the amount of dues deduction hereunder for
the general membership, provided costs for implementing such changes shall
be reimbursed by the Association at actual cost incurred by the City.
D. Solicitation, Distribution of Material, and Use of Facilities and Services
1) The solicitation of members, dues collection and other internal Association
business shall be conducted only during non-working hours and shall not
interfere with the work process.
The Association may distribute material on the City’s premises (buildings and
grounds) before and after scheduled working hours or in a non-work area
during scheduled work hours provided that both the person distributing and
the employee receiving such material are on their own time.
2) The City shall provide the Association with space for one (1) bulletin board per
station for its use in communicating with its members at mutually agreeable
locations. The City shall grant sole and exclusive use of such bulletin boards
to the Association. Bulletin boards shall not exceed four feet wide by three
feet tall (4’ x 3’) in size.
3) The bulletin boards shall be used only for the following notices: recreational
and social affairs of the Association; Association meetings; Association
elections; reports of the Executive Board or committees; rulings or policies of
the state or national organizations; and legislative enactments and judicial
decisions affecting public sector labor relations.
9
Notices shall not contain anything political; anything reflecting adversely on
the City or any of its employees; or anything that is disruptive of the City’s
operations.
The City may order the removal of any posted notice on the basis that it
violates the requirements herein. The Association may dispute the order of
removal by filing a grievance pursuant to Personnel Rule 18 – Grievance
Procedures. Posted material will be signed by an authorized official of the
organization. The Association agrees to keep the bulletin board in good order.
4) The Association is authorized to use mutually agreed upon non-work areas in
City facilities for pick-up by or distribution to Sergeants of the official
Association literature that is not political in nature or abusive of any person
or organization. The use of working areas or use of City equipment and
information systems, for the solicitation of members, dues collection, and
distribution of materials relating to other Association business shall be
prohibited unless allowed by a specific Section of the Memorandum.
5) The Association President, or their designee, will be provided a mail slot for
department communications and may use the City's e-mail system to send e-
mails to Sergeants to announce meetings. With pre-approval from the Chief
of Police or designee, notice of association charities and upcoming events
may be sent by the email system.
E. In recognition of the mutual benefit to both the City and the Association, a Sergeant
using Association release time as defined by Articles in this Memorandum to
conduct Association business shall be accorded all insurance-related benefits.
Claims made for benefits will be reviewed on a case-by-case basis in the same
manner as the claim of any other employee.
F. A member of the Executive Board of the Association, or a designated Association
representative, will, with the approval of the Chief of Police or their designee, subject
to twenty-four (24) hours written notice in advance, be authorized to engage in
Association related activities during City work hours on a non-paid basis. Approval
for use of unpaid time hereunder shall be subject to Department operational and
scheduling factors and administration control as to usage of such time but shall not
be unreasonably withheld. There shall be no use of official paid time for Association
related activities under this paragraph.
G. A Sergeant may contribute up to three (3) hours per year of accrued vacation to be
placed in an Association leave time bank for use by the Association to engage in
10
legitimate Association business. The following conditions shall apply to the leave
time bank:
1) The Association shall supply the City with a Release Hours Authorization Form,
which includes the name of the Sergeant and the hours of vacation time
donated by the Sergeant to the pool.
2) The donating Sergeant shall sign the form before submission to the City.
3) The City shall withdraw the bank hours in the first pay period of July or upon
promotion date of an Officer to Sergeant.
4) The form shall be enforceable from year-to-year, and the Association
President may increase bank hours upon a written statement.
5) Charges against the Association leave time bank shall only be made when
approved by the President or Secretary/Treasurer of the Association.
6) Human Resources shall keep a record of all time donated and drawn against.
7) Any unused hours in the Association leave time bank may be carried over
from one fiscal year to the next.
8) The Association shall indemnify, defend, and hold harmless the City against
any and all claims made and against any suits instituted against the City on
account of the City complying with any of the provision of this Section.
9) These hours may be used as follows:
a. For Executive Board members to attend meetings of the Executive
Board, meetings of the general membership, and for preparation for
negotiations pursuant to the Meet and Confer Ordinance as amended.
b. For any member designated by the President to be used for legitimate
Association purposes.
10) Approval for use of paid time hereunder shall be subject to Departmental
operational needs and scheduling factors. Such approval shall not be
unreasonably withheld. When using such paid time, members of the
Executive Board shall give at least twenty-four (24) hours written notice in
advance.
11
H. The Association will be allowed one-half (½) hour to talk to and possibly sign new
Sergeants into the Association and to explain the rights and benefits under the
Memorandum. This time will be allotted after promotion of said Sergeants. The
content of such information shall not be political in nature, abusive of any person or
the Department or disruptive of the Department’s operation.
I. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the Sergeant’s work shift in pursuit of benefits
provided by this Article. The employer shall count as time worked any hours or
fractions of hours spent within the Sergeants regular work shift in pursuit of benefits
provided by this Article.
J. In the interest of encouraging continuing education for Sergeants, the Department
will mail to the Association President the AZ POST calendar.
K. The Association may designate up to three (3) Sergeants to represent the
Association in the Meet and Confer process with the City. These designated
Sergeants shall be granted time off with pay for the purpose of such representation,
and such times shall not be applied to bank hours.
L. In the event that the City alleges that the Association or a Sergeant, or the
Association or a Sergeant alleges that the City has violated a provision of the Meet
and Confer Ordinance as amended, the Association, Sergeant, or City may submit
such a claim through the grievance procedure in Article 2 of this Memorandum.
Section 1 – 4: Sergeant Rights
A. All Sergeants shall have the right to join or not to join the Association as they
individually prefer. Sergeants have the right to participate on behalf of or engage in
activities on behalf of an Association and have the right to refrain from such activity.
Sergeants shall be free from any interference, restraint, or coercion by any
employee, supervisor, or manager for or against the Association. Violations will
necessitate disciplinary action.
B. Sergeants have the right to be represented by the Association and to have a member
of the Association present during the grievance and the disciplinary process. The
disciplinary process does not apply to an interview of a Sergeant during the normal
course of work, counseling, instruction, informal verbal admonishment or other
routine or unplanned contact with a supervisor.
12
C. If a Sergeant requests representation will be allowed when the member is subject
of an administrative investigation and the Sergeant reasonably believes that the
interview could result in dismissal, demotion or suspension by Professional
Standards Section, or any Police Department supervisory, who is conducting an
administrative investigation. The Sergeant will obtain the most readily available
Association representative. The Association representative will make every
reasonable attempt to arrive within one (1) hour from the time the member makes
a phone call to the representative. The Association representative will attend the
above interview only as an observer. At the end of the interview, but prior to the
conclusion of the interview, the Sergeant being interviewed may privately confer
with their representative. Upon returning to the interview the Sergeant will be
allowed to make a statement not to exceed five (5) minutes addressing the specific
facts or policies related to the interview. A Sergeant identified only as a witness will
be given the opportunity to consult with an Association representative not same
representative as the suspected Sergeant to discuss their rights and obligations
prior to the interview. The interview session shall be for a reasonable period of time,
taking into consideration the gravity and complexity of the misconduct being
investigated.
D. Any unit member who is the subject of an officer involved shooting investigation
who has discharged a weapon or was shot at or violently assaulted may request to
have the administrative interview postponed for up to forty-eight (48) hours from
the time of the incident. The Chief of Police may deny the request when they
determine that delaying the interview would be detrimental to the investigation. A
unit member may waive their rights to make the request for postponement of the
administrative interview. In all cases, the overall mental and physical or health of
the unit member shall be taken into consideration.
E. A Sergeant under investigation will be notified in writing every 30 (thirty) days as to
the current status of the investigation. This will include a brief description of the
number of known witnesses still to be interviewed and other investigative processes
remaining to be completed, as well as an estimated date of completion.
F. A Sergeant has the right to present their own grievance in person and has the right
to be represented.
G. A Sergeant covered hereunder shall, on their request be allowed to review their
departmental or divisional personnel file in the presence of an appropriate
supervisor/official of the Department within three (3) business days of the request
review. Another person of their choosing may accompany the Sergeant.
13
When a City-directed work fitness/job performance medical evaluation process is
completed, the Sergeant may request copies of their medical information from the
City-selected physician. The City must also agree to give the City-selected physician
authorization to release any/all information to the requesting Sergeant.
H. No Sergeant shall have any adverse comments entered into their departmental
personnel file without the Sergeant being informed by the supervisor. If the
Sergeant requests, they may receive a copy of the adverse comment. A Sergeant
may, at their discretion, attach rebuttal statements to any material contained in their
departmental personnel file, which may be adverse in nature.
I. Material purged from a Sergeant’s file in accordance with the below procedures or
allegations about a Sergeant which are unfounded, exonerated, not sustained or a
policy failure will not be used in future performance ratings or disciplinary actions.
J. Consistent with the requirements of A.R.S. § 39-128, the City shall maintain as part
of a Sergeant's official personnel record all documents relating to disciplinary
actions, including the Sergeant's response to the disciplinary action, and shall make
such records available for inspection and copying as required by the public records
law.
Upon written request, a Sergeant may have letters of admonishment which are over
three (3) years old removed from the department working file when there have been
no incidents or problems of a similar nature within the three (3) year period
immediately preceding the request. A Sergeant may request to have letters of
instruction and counseling statements which are over one (1) year old removed from
the department working file.
K. A Sergeant under investigation by Professional Standards Section or a Police
Department supervisor for a disciplinary matter that may lead to a written
reprimand, suspension, demotion, or discharge, and who is interviewed, or
requested to produce any documentation, shall be given a written notice informing
him of the specific nature of the investigation, their status in the investigation, and
all known allegations of misconduct involved in the interview of the Sergeant.
In addition, the Sergeant and/or the Police Department supervisor/Professional
Standards Section representative shall be entitled to mechanically record such
interview. Should any mechanical recordings take place, the department reserves
the right to transcribe any such interview for the purpose of verifying the accuracy
of the interview and, if requested, the Sergeant shall sign the transcription if it is
accurate.
14
For any sustained allegations resulting in a letter of reprimand or higher, the
Sergeant has appeal rights under Personnel Rules or, where applicable Title 38 of
Arizona Revised Statute.
At the time of a scheduled interview by the Professional Standards Section, a Police
Department supervisor, or other City employee, the investigator will advise the
Sergeant of all evidence known at the time of the interview that will be used in the
course of the investigation. This includes any written documents, video or audio
recordings, or photographs. The Investigator will inform the Sergeant of such
evidence at the time of the interview.
1) A copy of the signed and dated notice of investigation will be given to the
Sergeant prior to the beginning of the interview. The Sergeant shall have the
right to retain the notice of investigation for their use throughout the entire
course of the interview. A Sergeant will be provided an opportunity to make
a telephone call after the issuance of the notice of investigation to obtain an
Association representative.
2) In the event a Sergeant does not record their interview they may request a
copy of the investigator’s tape(s) if the investigator records the interview (the
Sergeant provides the tape).
3) If any Sergeant is told not to speak to anyone regarding an investigation, this
admonition does not apply to speaking with an attorney functioning within
the attorney-client relationship, or with an Association representative who
may discuss the matter only with the Executive Board members. When the
investigation is completed, the accused Sergeant will be notified in writing of
the findings. A Sergeant under internal or administrative investigation may
be reassigned, until the completion of the investigation.
4) If during the course of the above-mentioned investigation, information is
learned concerning additional misconduct on the part of the Sergeant being
interviewed, a notice of investigation will be issued to the Sergeant prior to
the Sergeant being questioned about the additional misconduct information.
5) Issues related to the release of a Sergeant’s home address and telephone
number, timeliness of lodging a complaint against a Sergeant, and multiple
discipline arising out of the same incident have been addressed by the
adoption of general orders related to these subjects.
15
6) The unit member’s immediate supervisor will normally investigate LEVEL 1
complaints, whether generated internally or externally and LEVEL II Class A
“First Violation” complaints that result from a complaint of a third LEVEL 1
violation within a one (1) year period. The Professional Standards Section will
normally investigate LEVEL II complaints unless otherwise directed by the
Chief of Police.
The Professional Standards Section will normally investigate any complaint
that involves extensive manpower and resources that would unreasonably
burden a supervisor. Division Commanders may request the Professional
Standards Section to conduct an investigation for a variety of reasons. These
requests will be routed through the Chief of Police.
L. The employer shall count as time worked any hours or fractions of hours spent
within the Sergeant’s regular work shift in pursuit of benefits provided by this Article,
(Association Representative) but shall not count as time worked any hours or
fractions of hours spent outside the Sergeant’s work shift.
M. A Sergeant who receives a written reprimand may request a copy of the official
documentation, if any, supporting the written reprimand.
N. If a polygraph examination is required of a Sergeant, an Association representative
will be allowed to monitor and observe all preliminary and post examination
interviews and the examination from a monitoring room if available. If no
monitoring room is available, appropriate steps will be taken to video record the
proceedings for the record. The results of a polygraph or voice stress examination
alone will not be the sole factor for determining truthfulness or on which to impose
disciplinary action. A copy of the examination results including charts will be
provided to the Sergeant upon request.
O. Once a Sergeant has been formally counseled or disciplined in accordance with
General Orders B-12, including the counseling/discipline chart, and B-13, no further
investigation will be conducted for the same allegation for the same incident except
when:
1) New Information reveals additional allegations arising from or related to the
same incident.
2) The Chief of Police requests further investigation for the integrity of the
organization and to maintain public trust.
16
P. A complaint will be treated as a delayed complaint if an allegation of non-criminal
misconduct by an employee occurred more than one hundred and twenty (120) days
prior to the date of complaint.
The supervisor receiving the complaint will document the information in a
memorandum. The memorandum will be sent through the chain of command to
the Professional Standards Section, who will review and inform the Chief of Police.
A determination will be made whether or not a formal investigation will be initiated.
If an investigation is merited, the Professional Standards Section will conduct the
investigation, unless otherwise directed by the Chief of Police.
The Association must equally and fairly represent all Sergeants.
Q. An employee subject to suspension, demotion or dismissal shall be entitled, upon
appeal, to the Disciplinary Review Group process outlined in Personnel Rule 5 –
Disciplinary & Appeal Procedures, Section 7. For purposes of Rule 5, Section 7.A.2.,
the Association President or designee shall replace the member of the Employee
Council on the Disciplinary Review Group.
The CLASA Association President or designee may not serve on a disciplinary review
group if they have a direct connection with the matter being reviewed or has any
real or perceived conflict of interest. The person will be mutually agreed upon
between the Human Resources Director and the CLASA President. If mutual
agreement cannot be reached, the appointment will revert to the Personnel Rule
and will be a member of Employee Council. The grounds for discipline and types of
discipline are not grievable matters under this Memorandum.
Section 1 – 5: Prohibition of Strike and Lockouts
A. The Association and Sergeants covered by this Memorandum recognize and agree
that rendering of services to the community cannot under any circumstances or
conditions be withheld, interrupted, or discontinued, and to do so would endanger
the health, safety, and welfare of the citizens of the City of Chandler.
B. The Association pledges to maintain unimpaired municipal services as directed by
the City. Neither the Association, nor any Sergeant, for any reason, will authorize,
institute, aid, condone or engage in a slowdown, work stoppage, strike, or any other
interference with the work and statutory functions and obligations of the City or the
Department. During the term of this Memorandum neither the City nor its agents
for any reason shall authorize, institute, aid or promote a lockout of Sergeants
covered by this Memorandum.
17
C. Should any Sergeant during the term of this Memorandum, and until such time that
it is expressly and legally rescinded breach the obligations of Section 1 – 5 (B), the
City Manager or their designee shall immediately notify the Association that a
prohibited action is in progress.
D. The Association shall forthwith, through its Executive Board and other authorized
representatives, disavow said strike or other prohibited action, and shall notify in
writing all Association members and representatives of their obligation and
responsibility for maintaining compliance with this Article, including their
responsibility to remain at work during any interruption which may be caused or
initiated by others. Copies of such notification shall be delivered to the Office of the
City Manager. In addition, the Association shall order all Sergeants violating this
Article to immediately return to work and cease the strike or other prohibited
activity. Such order shall be delivered both orally and in writing to all Sergeants
violating this Article with copies of the written order to be delivered to the Office of
the City Manager.
E. Penalties or sanctions the City may assess against a Sergeant who violates this
Section shall include, but not be limited to:
1) Discipline up to and including discharge.
2) Loss of all compensation and benefits, including seniority, during the period
of such prohibited activity.
F. Should the Association during the term of this Memorandum and until such time
that it is expressly and legally rescinded, breach its obligations under this Section, it
is agreed that all penalties set forth in the City Charter, shall be imposed on the
Association, in addition to any other legal and administrative remedies available to
the City that in its discretion it may elect to pursue.
G. Nothing contained herein shall preclude the City from obtaining judicial restraint or
from seeking damages from the Association, in the event of a violation of this
Section.
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT
Section 2 – 1: Grievance Procedure
18
A. The grievance procedures set forth in Personnel Rule 18 - Grievance Procedures
shall apply to any grievance brought by a unit member or the Employee
Organization alleging violation(s) of the express terms of this Memorandum for
which there is no Merit System Board appeal or other specific method of review
under State or City law.
B. Any proposed changes to Personnel Rule 18 - Grievance Procedures will be provided
to the Employee Organization President in a redline format and, if requested by the
Employee Organization, a labor-management meeting shall be scheduled prior to
submission of the proposed change to the City Council for approval. The meeting
shall be scheduled within a reasonable amount of time so as not to unduly delay the
process.
C. In the event the City Manager takes unilateral action that is inconsistent with an
express term or condition of this Memorandum and the effect of such action
adversely affects the wages, benefits, or working conditions of a majority of unit
members directly affected by the action, the employee organization may bring an
Organization Grievance on behalf of all members using the grievance procedures
under Personnel Rule 18 - Grievance Procedures. If the Organization Grievance is
not resolved at the supervisor or department level, the City Manager shall refer the
Organization Grievance, brought under the limited circumstances described herein,
to a neutral third party who is not a current or former official or employee of the
City. The City Manager may elect to exercise their sole discretion to bypass the
supervisor’s and department’s review of the Organization Grievance and refer the
Organization Grievance directly to a neutral third party.
D. The parties, or their designated representatives, shall agree on a neutral third party.
If they are unable to agree on a neutral third party within a reasonable time, the City
shall provide a list of seven (7) individuals who have experience as a hearing officer
or mediator with the public sector in Arizona. The parties shall, within five (5)
workdays of the receipt of said list, select the neutral third party by alternately
striking names from said list until one (1) name remains. Such person shall then
become the neutral third party. The neutral third party so selected shall hold a
hearing as expeditiously as possible at a time and place convenient to the parties,
and shall be bound by the following:
i. The neutral third party shall be bound by the language of the
Memorandum and departmental rules and regulations consistent
therewith in considering any issue properly before him/her.
19
ii. The neutral third party shall expressly confine him/herself to the
precise issue submitted and shall have no authority to consider any
other issue not so submitted.
iii. The neutral third party shall be bound by applicable State and City law.
iv. The neutral third party shall submit findings and recommendations to
the employee organization and to the City Manager. The cost of the
neutral third party and any other mutually incurred costs shall be
borne equally by the parties.
v. The City Manager shall, within ten (10) workdays of the receipt of the
written findings and recommendations, make the final, non-appealable
determination of the organization grievance and submit it in writing to
the employee organization.
Section 2 – 2: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits
provided by this Article. The employer shall count as time worked any hours or fractions
of hours spent within the employee’s regular work shift in pursuit of benefits provided
by this Article.
A. There shall be a Labor-Management Committee consisting of two (2) representatives
of the Association and two (2) representatives of the City and the City’s HR Director
or designee who shall be the Chairperson. The purpose of the Committee is to
facilitate improved labor-management relationships by providing a forum for free
and informal discussion of mutual concerns and problems.
B. The Committee shall meet, when necessary, at mutually agreed upon times.
C. If the representative of the Association is a Sergeant, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.
ARTICLE 3: COMPENSATION AND WAGES
Each unit member will receive a one-time, non-pensionable lump sum payment of two
thousand dollars ($2,000) payable the first full pay period in July 2022.
20
Section 3 – 1: Merit Pay
For each fiscal year of the agreement, the City will fund an on-going merit increase of
up to five percent (5%) for eligible Sergeants effective on the first day of the pay period
which includes the date of the Sergeant’s current job classification or salary review date,
until the Sergeant is at the top of the pay grade.
Section 3 – 2: Longevity Pay
A. In recognition of continuous service and overall performance, the City agrees to
provide the following longevity pay for eligible unit members:
1) A unit member who meets the qualifications specified in this article shall
receive annually a longevity payment of two and one-quarter percent (2.25%)
of their base rate, or base rate plus assignment pay, paid in one (1)
installment during the pay period of the unit member’s date of classification
or salary review date. This payment is not compensation for the purposes of
PSPRS.
2) Qualifications:
a. A Sergeant must have five (5) years in a Chandler Police sworn position
or reach the top of the Sergeant’s pay range, whichever occurs sooner,
to be eligible to receive the longevity pay.
b. A Sergeant must have achieved the performance rating of “meets
expectations” or better in each overall job standard category on their
latest scheduled performance evaluation on file in the Human
Resources Department.
Section 3 – 3: Total Annual Cash Compensation Survey
A. Wage increases are to be determined as follows:
1) For the purposes of this section, “Total Annual Cash Compensation” means
the following:
a. the maximum annualized base wages for an individual Sergeant at the
top of the pay range (i.e., maximum hourly rate X 2,080); and
21
b. the annual amount paid by the City in deferred compensation, or
equivalent, to an individual Sergeant at the top of the pay range; and
c. the annual amount contributed by the City towards the retirement
health savings plan, or equivalent, for an individual Sergeant at the top
of the pay range; and
d. the annual amount received as longevity pay, or equivalent, by an
individual Sergeant at the top of the Sergeant pay range.
2) Human Resources will finalize a Compensation Survey no later than August 1st
of each year that compares Total Annual Cash Compensation for eight (8)
cities: Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, and
Tempe based on JIMS data and/or verification from the respective cities’ HR
Departments. At the conclusion of the Compensation Survey, the eight (8)
cities shall be ranked in numerical order based on Total Annual Cash
Compensation with the highest being ranked as number one (1) and the
lowest ranked as number eight (8).
Human Resources shall determine the rank of the City of Chandler in
comparison to the ranking of the seven other cities. If the City of Chandler’s
Total Annual Cash Compensation is ranked at or above the third (3rd) position
in the rankings, no wage adjustments shall be made.
If the City of Chandler’s Total Annual Cash Compensation is ranked below the
Total Annual Cash Compensation of the third (3rd) highest city in the rankings,
the top of the Chandler Sergeant pay scale shall be adjusted by the
percentage required for Chandler’s Total Annual Cash Compensation to be
equal to the midpoint between the Total Annual Cash Compensation of the
second (2nd) and third (3rd) highest cities.
Sergeants’ wages shall be increased to correspond with any upward
adjustment made to the Sergeant salary range as a result of the annual
survey.
Any wage increase will become effective on the first day of the next full pay
period after the survey data has been accepted and signed by the Association.
In the event that the survey results in Chandler’s being ranked above the third
(3rd) position as defined in this Section, Chandler’s range will not be
decreased.
22
Any time an adjustment is made to the maximum pay range for the Sergeant
position pursuant to this Section. The minimum pay range for the position
shall be set at five percent (5%) above Top Officer Pay.
B. A salary inversion exists when an employee with less seniority in a job classification
earns a higher base rate of pay for any period of time than an employee in the same
job classification with greater seniority. The City will not address a salary inversion
within the Police Sergeant job classification and Salary Review Dates will not be
assigned. Any employee that has an existing Salary Review Date will retain the Salary
Review Date as the effective date for future annual merit increases, Supervisory
Incentive Pay, and the completion of performance evaluations.
In Fiscal Year 23/24, upon completion of the City of Chandler 2022 Classification and
Compensation Study, if the City adopts a pay philosophy that would result in a greater
pay increase for unit members than the methodology set forth in this MOU, this
philosophy will be incorporated into the MOU and applied to the August 2023 survey.
Section 3 – 4: Field Training Pay/Special Assignment Pay Differential
Field Training Officers (FTOs) who the department selects to conduct department-
approved Sergeant field training will receive an additional five percent (5%) of their base
rate of pay for every day they are assigned to an officially authorized field training
position.
Sergeants who are assigned to the following specialty assignments will receive an
additional five percent (5%) of the base rate of pay for the duration of the assignment:
SWAT, Criminal Apprehension Unit (CAU), Robbery/Homicide, Sex Crimes, Family
Crimes, Computer Crimes, Gangs, Narcotics, Human Trafficking, Motors/DUI, Vehicular
Crime, Auto Theft, Criminal Intelligence Unit (CIU), Financial Crimes, Property
Crimes/Arson, Public Information Office (PIO), Professional Standards Section (PSS) and
K-9 Unit.
Sergeants are only eligible to receive one FTO or special assignment pay differential at
a time. The differential does not include, and may be combined with, Interpreting and
Translation Pay as outlined in Section 3 – 5.
Sergeants in field training assignments and the specialty assignments set forth above
may be removed from the assignments by the Chief of Police or designee, at any time.
The removal from field training and specialty assignments is within the sole discretion
of the Chief of Police. A Sergeant who is removed from a field training or specialty
23
assignment does not have the right to appeal or grieve the removal from the
assignment. If the removal constitutes a shift/schedule change, Section 4 – 1 shall apply.
Section 3 – 5: Interpreting and Translation Pay
A. Sergeants who receive certification as an Intermediate level translator will receive
an additional two and one-half percent (2.5%) of their base rate of pay for every day
they are officially certified to perform translation for the Department.
B. Sergeants who receive certification as an Advanced level translator will receive an
additional five percent (5%) of their base rate of pay for every day they are officially
certified to perform translation for the Department.
Section 3 – 6: Overtime
A. Overtime is defined as time worked in excess of forty (40) hours in a seven (7) day
work period for full-time Sergeants. All paid leave taken in lieu of hours worked,
except time off taken as compensatory time or administrative leave for investigation
or discipline purposes, shall be counted as "hours worked" for purposes of overtime
calculation. The "hours worked" requirement does not apply to overtime
compensation the City is obligated to pay by the specific terms of this Memorandum
or Department regulations (i.e., "contract overtime") for certain activities or
situations. Payment for hours worked on a holiday, as part of the regularly
scheduled hours of work, shall be compensated as provided by this rule.
B. Sergeants assigned to traditional patrol teams who conduct briefings shall be
eligible for up to a max of fifteen (15) minutes overtime paid at one and one-half
times (1.5x) their regular rate of pay for actual time worked to prepare for the
briefing.
C. Overtime may be authorized and required by the Chief of Police when it is clearly in
the best interest of the City. The Chief of Police shall authorize overtime in advance
unless emergency situations preclude advance authorization.
D. Overtime compensation for Sergeants shall be computed in accordance with the
Fair Labor Standards Act and the regular rate of pay including applicable shift
differential, on call pay and assignment pays. If overtime is to be paid, it must be
recorded and paid, at one and one-half times (1.5x) the regular rate, on the payroll
immediately following the conclusion of the pay period in which the overtime was
worked. If compensatory time is to be accrued in lieu of overtime pay, it must be
24
accrued at the rate of one and one-half (1.5) hours of compensatory time for each
hour worked.
E. The decision to pay overtime or record it as compensatory time shall be at the
discretion of the Chief of Police.
F. Compensatory time shall not accrue in excess of one hundred (100) hours.
G. Accrued compensatory time shall be paid:
1) When the accrued compensatory time exceeds the maximum. Payment will
be for that amount which exceeds the maximum.
2) Upon separation for any reason, including death of the employee.
3) When authorized by the Chief of Police.
4) When requested by the Sergeant in accordance with Section 3 – 12.
H. The time at which a Sergeant will take compensatory time off shall be chosen by the
Sergeant with the approval of the Sergeant’s supervisor based on whether the
Sergeant’s absence would interfere with the Department’s operation.
Section 3 – 7: Court Overtime
A. When a required court appearance is scheduled, during other than normal work
hours, overtime is authorized. The unit member will be credited with three (3) hours,
or the actual number of hours worked, whichever is greater. When court is
scheduled within two (2) hours of a scheduled shift, then the actual time of court
and preparation for court prior to shift will be paid.
1) Court time shall be continuous time compensated consistent with Section 3 –
6.
2) For purposes of this Article the term “Court” shall be defined as including Federal
District Court, Superior Court, State of Arizona, City Court, City of Chandler,
Municipal Courts in Maricopa County, Justice Court, Federal, State, County Grand
Juries, Motor Vehicle Department hearings, and Prosecutorial and Defense
interviews. It is understood that this Article shall not apply to administrative
hearings including but not limited to arbitration hearings pursuant to the
Memorandum and hearings pursuant to Personnel Rule 18 - Grievance Procedures.
25
Section 3 – 8: Jury Duty
When a Sergeant is called upon to serve as a juror in any court action, they will be
allowed leave from their duties without loss of pay for the time required for this service,
in accordance with Personnel Rule 15 – Leaves of Absence, Section 16.
Section 3 – 9: Call-Out Pay
A. When a Sergeant is called back to regular duty after leaving City facilities at a time
other than their regular assigned shift, the Sergeant will receive a minimum of two
(2) hours pay at one and one-half times (1.5x) the Sergeant’s base pay, or base plus
assignment pay, calculated to the nearest one-quarter (1/4) hour, except that a
Sergeant shall not be eligible for additional compensation during that two (2) hour
period.
1) Compensation to a Sergeant who is called out at times other than their
regularly scheduled shift will begin at the time the Sergeant is notified, but
not to exceed thirty (30) minutes and shall terminate thirty (30) minutes after
being relieved of duty. A Sergeant is relieved from duty when he is directed
by a supervisor to secure or are no longer performing the task directly related
to the reason for the call-out. Where applicable, the travel time shall be paid
only if the total work and allowed time exceed the minimum call out
guarantee. Travel time shall not apply when a Sergeant is working overtime
planned in advance.
B. A Sergeant beginning an overtime period within two (2) hours or less prior to the
regularly scheduled duty reporting time will be compensated from the time the
overtime period begins to the time he is scheduled to report for duty except that a
Sergeant shall not be eligible for additional compensation during that period.
C. Holdover time, i.e., being held over on shift with no break in duty exceeding fifteen
(15) minutes, will be compensated for actual time spent in accordance with Section
3 – 6.
D. If the Sergeant is called back because of their own negligence the Sergeant shall not
be eligible for the two (2) hours minimum. He will only be paid for the actual time
worked.
26
Section 3 – 10: Swing Shift and Night Shift Differential Pay
A Sergeant shall receive the shift differential pay associated with a particular shift when
the Sergeant is normally assigned to work that shift. If a Sergeant is reassigned to a
different shift because they have suffered an on-the-job injury, the Sergeant shall
continue to receive the shift differential pay associated with the shift to which the
Sergeant was originally assigned until the Sergeant is released to return to full duty. If
a sergeant is reassigned to a different shift because of a non-job-related injury or at the
sergeant's own request, the Sergeant will receive the shift differential pay, if any,
associated with the new shift.
A. A Sergeant shall receive mid-day shift differential of sixty cents ($0.60) per hour in
addition to their base rate of pay when working a shift that ends between 2000
hours and 2359 hours.
B. A Sergeant shall receive swing-shift shift differential of eighty cents ($0.80) per hour
in addition to their base rate of pay when working a shift that ends between 2400
hours and 0359 hours.
C. A Sergeant shall receive grave-yard shift differential of one dollar ($1.00) per hour in
addition to their base rate of pay when working a shift that ends between 0400
hours and 0800 hours.
Section 3 – 11: Deferred Compensation
The City shall make a deferred compensation contribution as follows up to the I.R.S
contribution limit:
Employee Contribution
City Contribution
At least forty dollars ($40) but less than eighty
dollars ($80) per pay period
One percent (1%) biweekly gross
pay per pay period
At least eighty dollars ($80) but less than one
hundred and twenty dollars ($120) per pay period
Two percent (2%) biweekly gross
pay per pay period
One hundred twenty dollars ($120) or more per
pay period
Three percent (3%) biweekly gross
pay per pay period
Section 3 – 12: Vacation and Comp Time Cash Out
Once per fiscal year, Sergeants shall be permitted to cash out up to fifty (50) hours of
vacation time, and up to forty (40) hours of compensatory time, both to be paid at the
27
Sergeant’s base rate. The City shall provide a means for the unit member to submit
their request. The payment will be made the pay period immediately following the
request.
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS
Section 4 – 1: Hours
A. The regular duty hours for a Sergeant shall be five (5) consecutive shifts of eight (8)
hours in a seven (7) calendar day workweek. These five (5) consecutive shifts will be
preceded and followed by two (2) “non-work” days. Duty hours may also include a
4/10 or 9/80 shift. The regular duty hours per shift shall be consecutive and may
include any “briefing time” and shall include a meal period of thirty (30) minutes as
reasonable work demands allow. At times, the department may have operational
needs, which necessitate a change in current work schedules. The department shall
give a Sergeant a minimum seven (7) day advance written notice when their days or
hours will be changed. If this seven (7) day written notice is not given the days or
hours change will be rescheduled to allow for a seven (7) day notice period, except
for emergency situations.
B. In addition to all duties as assigned by the Chief of Police or their designees, work
hours shall continue to include under normal conditions two (2) fifteen (15) minute
rest periods as work demands allow.
ARTICLE 5: BENEFITS
Section 5 – 1: Health Insurance
For the term of this Memorandum the City will pay a minimum of eighty percent (80%)
and the employee will pay a maximum of twenty percent (20%) of the cost of the
monthly premium of the City’s medical insurance benefit.
Section 5 – 2: Dental Insurance
For the term of this Memorandum the City will pay one hundred percent (100%) of the
dental insurance premium for employee only coverage; seventy percent (70%) for
employee plus one, and fifty percent (50%) for employee plus two (2) coverage.
28
Section 5 – 3: Life Insurance
The City shall make group life insurance coverage available for every regular Sergeant
who works in a budgetary approved position for twenty (20) hours or more per week at
least equal to the Sergeant’s annual salary. Additional life insurance coverage for the
employee, spouse and dependent children shall also be made available. The premiums
for this insurance shall be paid by the City or the Sergeant as determined by the City
Council.
Section 5 – 4: Vacation Leave
A. A full-time work schedule consists of fifty-two (52) weeks a year and eighty (80) hours
of work during the pay period.
B. Every Sergeant, who works a full-time schedule fifty-two (52) weeks a year, shall be
credited vacation leave as follows for every completed pay period:
Years of Service
Hours
0 - 4 Years
4.7
5 - 9 Years
5.6
10 - 14 Years
6.5
15 - 19 Years
7.4
20 + Years
8.3
C. Leaves of absence compensated under the Worker’s Compensation statutes shall
be considered as paid service if the absence is for no longer than one (1) year and
the employee shall continue to accrue vacation leave.
D. Sergeants who have accrued two-hundred and forty (240) hours or more of accrued
and unused leave (vacation, safety days and holiday accrual hours) and who have
attained a minimum of seventeen (17) years of City service may elect to have the
additional vacation leave that they earn paid to them on a bi-weekly basis for the
upcoming three (3) consecutive years.
Once the Sergeant elects to exercise this benefit, it must continue for the full three
(3) consecutive years. A Sergeant may draw down the current two hundred and
forty (240) hour balance. The vacation leave payout under this section is not
compensation for purposes of PSPRS. Unit members in the program prior to July 1,
2016, will be governed under the past Memorandum for purposes of compensation.
29
1) The payment begins the next pay period after receipt of the election form in
Human Resources and continues for the upcoming three (3) consecutive
years.
Section 5 – 4A: Maximum Accrual of Vacation Credits
A. Vacation credits shall not be allowed to accumulate in excess of two hundred and
forty (240) hours, or the equivalent as computed under the Rule for regular
employees who work less than full-time but 1,040 hours or more per year in a part-
time regular budgeted position, as of the last full pay period with a payday in
January.
B. Any vacation credits in excess of two hundred and forty (240) hours, or the
equivalent as computed under the Rule for regular employees who work less than
full-time but 1,040 hours or more per year in a part-time regular budgeted position,
shall automatically be moved to vacation carryover balance that must be used by
June 30th of that same year. Any vacation carryover not used by June 30th will be
forfeited.
C. Employees that elect to forfeit vacation credits in excess of two hundred and forty
(240) hours, or the equivalent as computed under the Rule for regular employees
who work less than full-time but 1,040 hours or more per year in a part-time regular
budgeted position, in lieu of having the hours moved to vacation carryover balance
that must be used by June 30th of that same year, shall notify Human Resources
Director in writing of their request.
Section 5 – 5: Holidays
A. When possible, without decreasing the effectiveness of the various municipal
services, all Sergeants, shall be allowed paid holidays as provided below:
Holiday
Observed
1
New Year’s Day
January 1
2
Martin Luther King, Jr.
Third Monday in January
3
Presidents’ Day
Third Monday in February
4
Memorial Day
Last Monday in May
5
Independence Day
July 4
6
Labor Day
First Monday in September
30
7
Veterans’ Day
November 11
8
Thanksgiving Day
Fourth Thursday in November
Friday after Thanksgiving
9
Christmas Day
December 25
10
Personal Holiday
Must be used annually prior to
the end of the tax year.
B. When a holiday falls on Sunday, it will be observed on the following Monday.
When a holiday falls on Saturday, it will be observed on the preceding Friday.
C. Compensation or paid time off when not working a Holiday.
1) When an observed holiday falls on a scheduled workday, Sergeants
shall receive paid time off equivalent to the number of hours in their
regularly scheduled workday.
2) When an observed holiday falls on a non-scheduled workday,
Sergeants shall receive paid time off equivalent to the number of hours
in their regularly scheduled workday on an alternate day during the
pay period. When operational requirements do not permit an
alternate day off in lieu of the official holiday or the Sergeant elects not
to take the holiday in the pay period, Sergeants shall receive holiday
pay equivalent to the number of hours in their regularly scheduled
workday. This election must be made in the pay period in which the
holiday falls.
3) Sergeants who are scheduled to work at least 1,040 hours per year
shall be provided holiday pay or paid time off on an alternative day
during the pay period for holidays on a prorated basis. The prorated
basis shall be calculated based on the position’s number of budgeted
hours.
4) The Chief of Police has the discretion of requiring Sergeants to return
to a regular work schedule of five (5), eight (8) hour days for the week
in which a holiday occurs if it does not affect the Sergeant’s established
work period.
D. Compensation or paid time off when working a holiday.
31
1) When an observed holiday falls on a non-scheduled workday,
Sergeants who are called in or required to work on the observed
holiday shall receive compensation at one and one-half times (1.5x)
their rate of pay for each hour worked on a holiday. In addition,
Sergeants shall receive holiday pay equivalent to the number of hours
in their regularly scheduled workday, or paid time off equivalent to the
number of hours in their regularly scheduled workday on an alternate
day, during the pay period. Sergeants who are scheduled to work at
least 1,040 hours per year and who a holiday shall be provided holiday
pay or paid time off on an alternative day during the pay period on a
prorated basis. The prorated basis shall be calculated based on the
position’s number of budgeted hours.
2) When an observed holiday falls on a scheduled workday, Sergeants
that work on the observed holiday shall receive holiday pay equivalent
to the number of hours in their regularly scheduled workday or paid
time off equivalent to the number of hours in their regularly scheduled
workday on an alternative day during the pay period.
3) When a Sergeant works on an observed holiday, the Chief of Police has
the discretion to determine whether the Sergeant will receive holiday
pay or paid time off equivalent to the number of hours in their regularly
scheduled workday on an alternative day during the pay period.
E. Holiday Pay When Sergeant is on Leave or Separates from City Service
1) Sergeants shall receive no additional pay and shall not be charged with
vacation or sick leave time while on paid leave when a holiday occurs.
2) Sergeants must work or be on paid leave the last scheduled workday
before the holiday and the first scheduled workday after the holiday to be
paid for the holiday.
3) All Sergeants shall receive payment for holiday work on the payroll
immediately following the conclusion of the pay period in which the work
was performed.
Section 5 – 6: Sick Leave
A. A full-time work schedule consists of fifty-two (52) weeks a year and eighty
(80) hours of work during the pay period.
32
B. Every full-time Sergeant who works a full-time schedule fifty-two (52) weeks
per year shall be credited three point seven (3.7) hours of sick leave accrual
for each completed pay period. Sick leave shall accrue with no maximum.
C. Leaves of absence compensated under Worker’s Compensation statutes shall
be considered as paid service if the absence is for no longer than one (1) year
and sick leave credits shall continue to accrue.
D. Sergeants who have accrued one thousand (1,000) hours or more of accrued
and unused sick leave and who have attained a minimum of seventeen (17)
years of City service may elect to have the additional sick leave that they earn
to be paid to them on a bi-weekly basis for the upcoming three (3) consecutive
years. Once the Sergeant elects to exercise this benefit, it must continue for
the full three (3) consecutive year period. A unit member may draw down the
current one thousand (1,000) hour balance. The sick leave payout under this
section is not compensation for the purposes of PSPRS. Unit members in the
program prior to July 1, 2016, will be governed under the past Memorandum
for purposes of compensation.
1) The payment begins the following pay period after receipt of the election form
in Human Resources and continues for the upcoming three (3) consecutive
years.
E. The City Manager may establish policies for the conversion of a portion of
employee’s sick leave balances to either vacation credits or provide for cash
payment, as appropriate.
Section 5 – 6A: Payment of Sick Leave at Retirement or Death
A. A Sergeant who has met the requirements for retirement from the City and
applies for retirement from the applicable public employee retirement
system for retirement shall receive fifty percent (50%) of the value of their
unused sick leave calculated at their current base rate deposited into their
Retirement Health Saving Account. Payment will be made after verification
that the Sergeant has submitted a retirement application with the appropriate
retirement system agency.
B. The beneficiaries of a Sergeant who dies prior to retirement shall receive
compensation for the Sergeant's accrued sick leave at the rate of fifty percent
(50%) of the value of the accrued sick leave hours at the Sergeant’s current
33
base rate and shall receive compensation for Years of Service Pay as
established by the City Manager for each twelve (12) month year of City of
Chandler Service prorated for any partial year.
C. The beneficiaries of a Sergeant who dies in the line of duty shall receive
compensation for all accrued sick leave at the rate of one hundred percent
(100%) of the accrued sick leave hours at the Sergeant’s current base rate and
shall receive compensation for Years of Service Pay as established by the City
Manager for each twelve (12) month year of City of Chandler service prorated
for any partial year.
Section 5 – 7: Retirement Health Savings Plan
During the term of this Memorandum, the City will continue its Citywide
Retirement Health Savings Plan (RHSP) for all regular, benefited employees. In
Fiscal Year 22/23, if a retiring employee has five (5) or more years of service, a
contribution of eight hundred ($800) per twelve (12) months of City service,
prorated for any partial year, will be contributed into the employee’s RHSP in
accordance with Administrative Regulation CM-57. In Fiscal Year 23/24, the
contribution amount will increase to nine hundred dollars ($900) per twelve (12)
months of City service, prorated for any partial year. Section 5 – 8:
Training/Tuition Reimbursement.
Section 5 – 8: Training and Reimbursement
A. Responsibility for Training
1) The City Council encourages the training and education of Sergeants.
The Human Resources Director shall assume responsibility for
developing citywide training programs for Sergeants. The Chief of
Police may establish department-specific training programs.
B. Credit for Special Training
1) Participation in, and successful completion of, special job-related
training courses may be considered in advancements and promotions.
C. Reimbursement for Formal Training
34
1) Fiscal conditions permitting, the City will assist Sergeants in their
pursuit of additional formal education from an institution in areas
related to a City career field.
A policy and procedure shall be established by which tuition
reimbursement will be administered and which will reimburse
Sergeants.
2) Procedures shall be established to repay the City the tuition fees upon
separation from City service within twelve (12) months of completion
of the course.
D. Seminars/Workshops Training Programs
1) As fiscal conditions permit, the City supports Sergeants’ attendance in
seminars and workshop training programs as a part of their regular
duties with the approval of the Chief of Police.
2) The City shall pay all fees for such programs and the Sergeant shall be
provided
transportation
under
the
administrative
regulation
established in accordance with Personnel Rule 4 – Benefits &
Allowances, Section 2.
3) If a Sergeant separates from City service within twelve (12) months of
completion of the workshop or seminar, the Sergeant may be required
to reimburse the City for the costs of those workshops or seminars that
are primarily designed to enhance a Sergeant’s career. A Sergeant
normally will not be required to reimburse the City for workshops or
seminars that they are directed to attend.
E. Tuition Reimbursement
1) The City will assist regular Sergeants in their pursuit of additional formal
education from an institution in areas related to a City career field. A City
policy and procedure shall be established by which tuition reimbursement will
be administered and which will reimburse Sergeants.
2) Any Sergeant who has successfully completed at least six (6) months of the
initial probationary period and is eligible for vacation benefits is eligible for
consideration of tuition reimbursements.
35
3) The reimbursement allowed per tax calendar year for a regular full-time
employee is a total of five thousand dollars ($5,000). The reimbursement
allowed per tax calendar year for a regular part time employee is a total of
three thousand, two hundred dollars ($3,200.) The date of reimbursement
will determine the tax year to which the cost will be allocated.
If the employee completes courses which exceed the maximum allowable
reimbursement, the employee shall be responsible for payment of the
balance.
Section 5 – 8: Out-Of-State Vacation Recall
When a Sergeant is temporarily recalled to duty from out-of-state while on an
authorized vacation by order of the Chief of Police, he shall be reimbursed for necessary
and provable transportation expenses as determined by the Chief of Police.
Section 5 – 9: Uniform, Clothing, and Equipment
A. Beginning Fiscal Year 22/23, a Sergeant will receive uniforms and a three-hundred-
dollar ($300) allowance paid the first full pay period of the fiscal year and equipment
through the Chandler Police Department Quartermaster system, as outlined in
General Orders.
1) The Department shall replace those items as they, in the judgment of the
Department, become unserviceable to wear or damaged in the course and
scope of official duties through the Quartermaster.
B. A Sergeant who is required to wear civilian attire during the performance of their
duties will receive a fiscal year uniform allowance of one thousand, three hundred
dollars ($1,300), in accordance with Chandler Police Department General Orders.
This payment will be made through the payroll system on a pro-rated, bi-weekly
basis.
ARTICLE 6: MISCELLANEOUS
Section 6 – 1: Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation of
law or by final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon
36
issuance of such final decree, the parties, upon request of either of them, shall meet
and confer and endeavor to agree on a substitution provision or that such a
substitute provision is not included.
B. It is recognized by the parties that this Memorandum shall be administered in
compliance with appropriate provisions of the Fair Labor Standards Act as may be
amended, consistent with the provisions of this Memorandum and current overtime
policies of the City of Chandler.
Section 6 – 2: Copies of Memorandum
Within sixty (60) days of the date that this Memorandum is adopted by the City Council,
the Association, will arrange for printing of jointly approved copies of it for furnishing
one to every Sergeant, supervisor and to management personnel. The cost of such
duplication and distribution will be paid for equally by the Association and the City.
Section 6 – 3: Seniority
A. The City shall provide the Association with a list of Sergeants showing each
Sergeant’s City employment date and badge number.
B. Seniority shall be by badge number.
C. Seniority shall be used as a factor consistent with established Merit System rules
and current practice in choice of work assignments, vacation schedules and in the
determination of layoffs.
D. At the conclusion of the annual shift pick an eligibility list will be created for each
patrol team, which will take effect at shift change each year. When a vacancy occurs
on a patrol team, the eligibility list will be consulted, and the vacancy will be filled
from the list. This option is available by seniority and is limited to two (2) potential
total movements.
There is no maximum number of eligibility lists a Sergeant may be on; a Sergeant
may add or remove their name from a list at any time. A Sergeant who chooses to
use this option to select a new team, will count as a move for the year.
A Sergeant may only use the wish list option once during a shift cycle with no
movement occurring after September 30.
37
E. If a Sergeant requests a hardship transfer, and it is approved by the Chief of Police,
the hardship transfer shall take precedence over any requests submitted by
Sergeants to be placed in the available vacancy according to seniority.
Section 6 – 4: Limited Duty Status
A Sergeant, who is injured on the job, may be assigned limited duty status by the
employer. Such assignment may be made without regard to the Sergeant’s normal
assignment and shall be made within the Police Department.
Section 6 – 5: Changes in Departmental General Orders Pursuant to this
Memorandum
A. Within ninety (90) days from the date this Memorandum is adopted by the City
Council, the Department shall print copies of those Department General Orders and
Operations Orders reflecting changes pursuant to this Memorandum. Copies of
such changes shall be available to each Sergeant on or about August 1st of each
Memorandum year, or as soon thereafter as possible. Prior to the printing of the
described changes, the Chief of Police or their representative shall review such
changes with a representative of the Association to ensure that such changes are
consistent with the specific, express terms of the Memorandum.
B. During the preparation of changes to the Department’s General Orders, drafts of
the proposed changes will be staffed out to the Association.
Section 6 – 6: Term and Effect of Memorandum
A. The Memorandum shall remain in full force and effect July 1, 2022, through June 30,
2024, unless a specific provision of the Memorandum provides otherwise.
Thereafter, it shall continue in effect, year-by-year, unless one (1) of the parties
notifies the other in writing no later than September 1, 2023, of its request(s) to
modify or terminate it.
B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof.
C. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Association, having had an opportunity to raise all matters in
connection with the meet and confer proceedings resulting in this Memorandum, is