Swearing In of Municipal Court Judges

Request to permit the swearing in of Municipal Court Judges.

Summary
Administer the oath of office for the Honorable Brett Hutchison and Honorable
Christine Mulleneaux each to a four-year term as Judge of the Phoenix Municipal
Court to expire on November 19, 2029.

Concurrence/Previous Council Action
On September 25, 2025, the Judicial Selection Advisory Board (JSAB) recommended
approval to the Public Safety and Justice Subcommittee.

On November 5, 2025, the Public Safety and Justice Subcommittee recommended
approval to the City Council by a vote of 4-0.

On November 19, 2025, the City Council approved appointment of Judge Hutchison
and Judge Mulleneaux by a vote of 9-0.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the City Council
Office.








Report

Liquor License - Hopsology Taproom and Wine Bar - District 1

Request for a liquor license. Arizona State License Application 360416.

Summary

Applicant
Adam Vath, Agent

License Type
Series 3 - Microbrewery

Location
4925 W. Bell Road, Suite C-9
Zoning Classification: PSCOD
Council District: 1

This request is for a new liquor license for a microbrewery. This location is currently
licensed for liquor sales with a Series 7 - Beer and Wine Bar, liquor license.

The 60-day limit for processing this application is December 6, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations



on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Hopsology Taproom and Wine Bar (Series 7)
4925 W. Bell Road, Suite C-9, Glendale
Calls for police service: 13
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I currently hold a Series 7 liquor license maintaining an active liquor license
demonstrates my reliability and commitment to operating within legal and regulatory
frameworks. With 15 years of brewing experience, I have developed the technical
expertise and business acumen necessary to responsibly hold and manage a liquor
license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our small-batch brewery will serve as a community gathering space and educational
hub that enriches our local area in several meaningful ways: Community Education &
Engagement: These programs will provide hands-on learning opportunities with our
brewing classes. Charitable Commitment: The expansion of our brewery will allow us
to increase our charitable contributions with our current charity tap. As a small-batch
operation, we will contribute to the local economy while maintaining a personal,
community-focused approach.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment A - Hopsology Taproom and Wine Bar - Data
Attachment B - Hopsology Taproom and Wine Bar - Map



Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





Liquor License Data: HOPSOLOGY TAPROOM AND WINE
BAR
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 1 1

Liquor Store 9 3 1

Beer and Wine Store 10 3 1

Restaurant 12 21 7



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 36.91 36.73

Violent Crimes 12.31 5.01 4.56

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 40 13

Total Violations 69 23




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1042142 990 310 26 265

1042251 1988 402 1 142

1042252 1012 346 32 21

1042253 805 272 12 65

6180001 2319 594 14 143

6181001 1908 536 20 61

Average 1601 393 60 177




Liquor License Map: HOPSOLOGY TAPROOM AND WINE BAR
4925 W BELL RD




Date: 11/18/2025




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Report

Liquor License - Serra Gaucha Happy Valley - District 1

Request for a liquor license. Arizona State License Application 362976.

Summary

Applicant
Nandino Beronja, Agent

License Type
Series 12 - Restaurant

Location
2460 W. Happy Valley Road, Ste. 1169
Zoning Classification: PUD/PCD
Council District: 1

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
has plans to open in January 2026.

The 60-day limit for processing this application is December 14, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This information is listed below and includes liquor license violations on file with the AZ



Department of Liquor Licenses and Control and, for locations within the boundaries of
Phoenix, the number of aggregate calls for police service within the last 12 months for
the address listed.

Serra Gaucha Brazilian Steakhouse (Series 12)
16160 N. 83rd Avenue, Peoria
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I currently hold a liquor license with our first location, Serra Gaucha Brazilian
Steakhouse for the past 9 years. It has given me invaluable insight on how to promote
and sell alcohol safely, through employee training, upholding company standards and
employee responsibility.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I believe it will the local area a new concept to a steak-house dining experience, it
being a more 'dinner and show' with the gauchos slicing meats table side."

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment A - Serra Gaucha Happy Valley - Data
Attachment B - Serra Gaucha Happy Valley - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.


Liquor License Data: SERRA GAUCHA HAPPY VALLEY
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 0

Bar 6 4 3

Beer and Wine Bar 7 10 6

Liquor Store 9 8 4

Beer and Wine Store 10 7 6

Hotel 11 3 0

Restaurant 12 41 37


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 58.99 162.63

Violent Crimes 12.31 3.26 7.11
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 41 2

Total Violations 69 3


Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

6119001 1987 449 11 33

6123012 3501 661 276 286

Average 1601 393 60 177




Liquor License Map: SERRA GAUCHA HAPPY VALLEY
2460 W HAPPY VALLEY RD




Date: 11/21/2025




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City Clerk Department



Report

Liquor License - Special Event - St. Francis Xavier Roman Catholic Parish
Phoenix - District 4

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Mark Vinci

Location
4715 N. Central Avenue
Council District: 4

Function
Dinner

Date(s) - Time(s) / Expected Attendance
February 14, 2026 - 6 p.m. to 11 p.m. / 130 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.








Report

Liquor License - 2Cango Restaurant - District 4

Request for a liquor license. Arizona State License Application 360507.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
4904 N. 19th Avenue
Zoning Classification: C-2 TOD-1
Council District: 4

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is December 6, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“The owner has two years experience in the liquor industry and no violations. The
owners will ensure the employees as well as the owners attend Arizona liquor law
training to prevent sales to obviously intoxicated patrons and prevent sales to
underage.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The owners would like to add their unique restaurant to highlight food from their
country and support the community. Although they have not had their grand opening,
customers have come to the business and want to eat. They are asking if alcoholic
alcoholic beverages will also be served to complement their food. The owners bake
their own bread and other types of international cuisine.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment A - 2Cango Restaurant - Data
Attachment B - 2Cango Restaurant - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





Liquor License Data: 2CANGO RESTAURANT
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Bar 6 5 3

Liquor Store 9 8 4

Beer and Wine Store 10 10 3

Hotel 11 1 0

Restaurant 12 9 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 323.46 315.92

Violent Crimes 12.31 82.74 99.36
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 41 146

Total Violations 69 313




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1073002 1474 165 71 376

1073003 1581 76 29 244

1074021 1380 95 87 317

1074031 1441 173 36 913

1074032 899 195 110 45

1089021 1389 50 77 422

1089022 2020 344 30 553

1090021 1321 88 119 313

1090022 1779 47 64 421

1090023 806 238 4 241

1090032 2025 61 57 598

Average 1601 393 60 177




Liquor License Map: 2CANGO RESTAURANT
4904 N 19TH AVE




Date: 11/21/2025




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Report

Liquor License - El Tio Meat Market - District 4

Request for a liquor license. Arizona State License Application 362314.

Summary

Applicant
Hamde Shiha, Agent

License Type
Series 10 - Beer and Wine Store

Location
2848 N. 43rd Avenue
Zoning Classification: C-1
Council District: 4

This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.

The 60-day limit for processing this application is December 6, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.






Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am assured to uphold the laws and regulations about liquor license. I have never
been involved in any criminal activity, no record of getting in trouble with law and
authorities.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide a safe and secure place for the neighborhood to buy alcohol.
The location will be convenient for the people in neighborhood who may not have
access to transportation. Adding the long time experience of the working in liqour store
while upholding all the laws and regulations, the store will be a safe, secure and
convenience place for the customers to purchase quality liquor.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment A - El Tio Meat Market - Data
Attachment B - El Tio Meat Market - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





Liquor License Data: EL TIO MEAT MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 1

Beer and Wine Bar 7 1 1

Liquor Store 9 4 2

Beer and Wine Store 10 16 4

Restaurant 12 5 4


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 212.84 231.63

Violent Crimes 12.31 50.05 70.8

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 41 113

Total Violations 69 184




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1100012 2396 440 9 106

1101003 2856 362 7 499

1122011 1934 461 36 148

1122022 1573 317 10 110

1122023 1811 156 35 491

1123013 1965 399 6 60

1123023 1018 92 34 300

1123024 1449 0 134 473

1123025 1604 414 16 226

Average 1601 393 60 177




Liquor License Map: EL TIO MEAT MARKET
2848 N 43RD AVE




Date: 11/14/2025




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City Clerk Department



Report

Liquor License - Special Event - CASA Academy - District 5

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Tacey Cundy

Location
8047 N. 35th Avenue
Council District: 5

Function
Annual School Event

Date(s) - Time(s) / Expected Attendance
February 20, 2026 - 7 p.m. to 10 p.m. / 250 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.








Report

Liquor License - Mountain Mike's Pizza Phx - District 5

Request for a liquor license. Arizona State License Application 361148.

Summary

Applicant
Nicholas Cabatingan, Agent

License Type
Series 12 - Restaurant

Location
1775 N. 99th Avenue, Ste. 100
Zoning Classification: PUD
Council District: 5

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is December 15, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations



on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Mountain Mike's Pizza (Series 12)
13736 W. Bell Road, Ste. 4, Surprise
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have an opportuity to give back by providy jobs an community space. Our current
location in Surprise has had no violations and through charity provided over $10,000 in
funds to local 501(c)3 orgs.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will provide entrey level employment and skill building opportunities to Pheonix
youth. We also offer a wholsome place for familys to gather and celebrate an
occasion.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment A - Mountain Mike's Pizza Phx - Data
Attachment B - Mountain Mike's Pizza Phx - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.


Liquor License Data: MOUNTAIN MIKE'S PIZZA PHX
Liquor License

Description Series 1 Mile 1/2 Mile

Beer and Wine Bar 7 1 1

Beer and Wine Store 10 1 1

Hotel 11 1 1

Restaurant 12 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 26.53 15.18

Violent Crimes 12.31 4.24 2.54

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 40 7

Total Violations 68 11




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

0820171 1887 192 18 229

0820172 0 0 0 0

0820173 3988 321 14 398

0820241 1305 279 32 111

0820242 3240 398 110 469

0820271 2208 260 99 274

0830002 2263 325 59 979

Average 1601 393 60 177




Liquor License Map: MOUNTAIN MIKE'S PIZZA PHX
1775 N 99TH AVE




Date: 10/22/2025




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City Clerk Department



Report

Liquor License - Fuzz Bot Brewing - District 6

Request for a liquor license. Arizona State License Application 364297.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 7 - Beer and Wine Bar

Location
5030 E. Ray Road, Ste. J-5
Zoning Classification: C-2 PCD
Council District: 6

This request is for an ownership transfer of a liquor license for a beer and wine bar.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.

The 60-day limit for processing this application is December 13, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.






Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Fuzz Bot brewery operates with a strong commitment to quality, compliance, and
community responsibility. They have established clear operational procedures that
ensure all aspects of production, service, and sales meet or exceed local and state
alcohol regulations. Their management team hold the necessary experience and
certifications related to alcohol service and safety, including staff training in responsible
beverage service and age verification practices.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Fuzz Bot Brewing is dedicated to enhancing the local economy, culture, and
community experience. They are more than a place to enjoy high-quality craft beer -
they are a gathering space that supports local agriculture, artisans, and events.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment A - Fuzz Bot Brewing - Data
Attachment B - Fuzz Bot Brewing - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





Liquor License Data: FUZZ BOT BREWING
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 1

Beer and Wine Bar 7 8 4

Liquor Store 9 10 3

Beer and Wine Store 10 8 4

Hotel 11 2 1

Restaurant 12 39 20


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 74.52 187.26

Violent Crimes 12.31 7.69 15.39
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 41 3

Total Violations 69 6




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1167171 2051 41 73 259

1167172 1387 296 20 76

1167181 1460 206 40 150

1167182 1174 257 50 188

1167192 1416 0 74 89

1167193 2092 331 14 70

8100001 3359 762 65 340

8104002 1072 257 54 286

Average 1601 393 60 177




Liquor License Map: FUZZ BOT BREWING
5030 E RAY RD




Date: 11/21/2025




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City Clerk Department



Report

Liquor License - Dilla Libre Tres Phoenix - District 7

Request for a liquor license. Arizona State License Application 364108.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
521 W. McDowell Road
Zoning Classification: C-2
Council District: 7

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is December 9, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes information about any



liquor license violations on file with the AZ Department of Liquor Licenses and Control
and, for locations within the boundaries of Phoenix, the number of aggregate calls for
police service within the last 12 months for the address listed.

Dilla Libre Uno Phoenix (Series 12)
1339 E. Northern Avenue, Phoenix
Calls for police service: 1
Liquor license violations: None

Dilla Libre Dos Scottsdale (Series 12)
8018 E. Thomas Road, Ste. 1, Phoenix
Calls for police service: None
Liquor license violations: None

Public Opinion
Two valid letters protesting the issuance of this license were received and are on file in
the Office of the City Clerk. The letters are from local residents who would like the
applicant to comply with stipulations outlined in a good faith agreement submitted with
the protest letters.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Opening it's third location in Arizona, Dilla Libre Tres Phoenix serves award-winning,
high-quality, authentic Mexican cuisine. Applicant would like to continue the tradition of
offering delicious, innovative dishes and would like to offer guests 21 and over the
opportunity to order alcoholic beverages with the meals served.”

Staff Recommendation
Staff gave careful consideration to the protest letters received, however after reviewing
the application in its entirety, staff recommends approval of this application as
submitted pursuant to Title 4 of Arizona Revised Statutes.



Attachments
Attachment A - Dilla Libre Tres Phoenix - Data
Attachment B - Dilla Libre Tres Phoenix - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





Liquor License Data: DILLA LIBRE TRES PHOENIX
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 4 1

Wholesaler 4 2 0

Government 5 5 1

Bar 6 19 1

Beer and Wine Bar 7 6 2

Liquor Store 9 2 0

Beer and Wine Store 10 11 3

Restaurant 12 60 10

Club 14 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 189.72 151.8

Violent Crimes 12.31 38.05 20.48

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 40 42

Total Violations 68 54




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1118002 846 361 100 89

1118004 1423 507 117 200

1119002 642 264 45 17

1129001 1399 521 53 62

1129002 671 102 83 94

1130001 2898 331 199 515

1130002 1364 179 221 139

1131001 1929 146 155 743

Average 1601 393 60 177




Liquor License Map: DILLA LIBRE TRES PHOENIX
521 W MCDOWELL RD




Date: 10/17/2025




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Report

Liquor License - Hatcher Beer and Smoke Shop LLC - District 3

Request for a liquor license. Arizona State License Application 361690.

Summary

Applicant
Rebhi Awawdah, Agent

License Type
Series 10 - Beer and Wine Store

Location
9501 N. 7th Street
Zoning Classification: C-2
Council District: 3

This request is for a new liquor license for a tobacco shop. This location was
previously licensed for liquor sales with a Series 6 - Bar liquor license and does not
have an interim permit.

The 60-day limit for processing this application is December 6, 2025.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.






Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
One letter protesting the issuance of this license has been received and is on file in the
Office of the City Clerk. The letter is from the PHX Luv Neighborhood Association.
They are concerned about the existing number of beer and wine store and liquor store
licenses in the area, and feel that adding this new license does not meet the need and
convenience of the neighborhood. They believe that adding a new beer and wine store
license with a smoke shop does not align with the neighborhoods current efforts to
improve the community. They are also concerned that the issuance of this new license
will have a negative effect on their ongoing efforts to reduce crime and blight in their
community.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Growing my store trying to serve the community.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“More convenience for our community.”

Staff Recommendation
Staff recommends disapproval of this application based on the neighborhood protest.
Staff also notes that the applicant must resolve any pending City of Phoenix building
and zoning requirements, and be in compliance with the City of Phoenix Code and
Ordinances.

Attachments
Attachment A - Hatcher Beer and Smoke Shop LLC - Data
Attachment B - Hatcher Beer and Smoke Shop LLC - Map

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.


Liquor License Data: HATCHER BEER AND SMOKE SHOP
LLC
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 3 0

Beer and Wine Bar 7 2 1

Liquor Store 9 4 3

Beer and Wine Store 10 10 4

Restaurant 12 10 4

Club 14 2 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 141.08 225.69

Violent Crimes 12.31 29.9 55.73
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 40 117

Total Violations 69 184




Census 2020 Data 1/2 Mile Radius

BlockGroup 2020 Population Owner Occupied Residential Vacancy Persons in Poverty

1046001 2192 383 93 320

1046002 1075 138 91 338

1047011 1145 53 41 385

1047012 972 374 84 103

1047013 610 316 124 151

1047021 780 85 27 150

1047022 626 136 66 266

1047023 1801 298 77 294

1052003 1287 246 57 20

1053002 2247 273 65 285

Average 1601 393 60 177




Liquor License Map: HATCHER BEER AND SMOKE SHOP LLC
9501 N 7TH ST




Date: 11/3/2025




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Report

City of Glendale

For $33,000 in payment authority for outstanding services owed for base charges
during the current Fiscal Year 2025-26 for Intergovernmental Agreement 123273 to
provide water and treatment services to the Camelback Ranch area located within the
boundaries of the City of Phoenix, but outside the City's water distribution system, for
the Water Services Department.








Report

State of Arizona, Office of the Auditor General

For $75,000 in payment authority to reimburse the State of Arizona Auditor General for
the annual Economic and Fiscal Impact Analysis of the Phoenix Convention Center
(PCC). The analysis is required under Arizona Revised Statutes 9-626 to measure the
effects of direct, indirect, and induced economic activity of the PCC expansion project
and to meet obligations to qualify for the State's payment for its debt service. The
Auditor General contracts an auditing firm to perform the annual study. The payment is
for work to be completed in 2025 and 2026.








Report

Settlement of Claim(s) Gomez v. City of Phoenix

To make payment of up to $50,000 in settlement of claim(s) in Gomez v. City of
Phoenix, CV2023-052565, 22-0392-002, AU, BI, for the Finance Department pursuant
to Phoenix City Code Chapter 42. This is a settlement of a claim involving the Public
Works Department on July 5, 2022.








Report

Settlement of Claim(s) Rojas v. City of Phoenix

To make payment of up to $50,000, in settlement of claim(s) in Rojas v. City of
Phoenix, CV2024-002078, 23-0377-001, AU, BI, for the Finance Department pursuant
to Phoenix City Code Chapter 42. This is a settlement of a claim involving the Police
Department on May 14, 2023.








Report

Amend City Code Chapter 12, Article VII, Division 2 to Add Section 12-1504
Relating to Campaign Finance Reporting Requirements (Ordinance G-7460) -
Citywide

Request to modify Phoenix City Code Chapter 12, Article VII, Division 2 to add new
Section 12-1504, that outlines the campaign finance reporting requirements for
Political Action Committees and Candidate Committees as required by State law,
noting that the new reporting requirements apply to the City's election year, which is
defined as the 12-month period beginning on April 1 through the following March 31.

Summary
SB1581, which was passed by the Arizona Legislature and enacted into law on May 2,
2025, changed the campaign finance reporting requirements for political action
committees and candidate committees. The changes for candidate committees
assume all jurisdictions hold their primary (1st) and general (2nd) elections in the same
calendar year. However, the City of Phoenix 1st (primary) election is held in November
of even-numbered years and the 2nd (general) election is held in March of odd-
numbered years. Therefore, the changes made by SB1581 for candidate committees
do not work for City of Phoenix elections. To remedy this issue, and to comply with the
legislature’s intent, staff recommends amending the Phoenix City Code (Attachment
A) to add the changes made by SB1581, but applying them to the City’s election year
which begins on April 1 and ends on March 31, instead of a regular calendar year
(January-December).

Financial Impact
There is no financial impact to the City.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the City Clerk
Department.





ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL
COPY OF THE FINAL ADOPTED ORDINANCE



ORDINANCE G-XXXX

AN ORDINANCE AMENDING CHAPTER 12, ARTICLE VII,
DIVISION 2 OF THE PHOENIX CITY CODE BY ADDING
SECTION 12-1504 RELATING TO CAMPAIGN FINANCE
REPORTING REQUIREMENTS FOR POLITICAL ACTION
COMMITTEES AND CANDIDATE COMMITTEES.

_______________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. That the Arizona State Legislature passed and the Governor

signed and enacted into law on May 2, 2025, Senate Bill 1581 amending Section 16-

927 of the Arizona Revised Statutes relating to campaign finance contributions and

expenses. The changes to the campaign finance reporting requirements mandated by

Senate Bill 1581 assume all jurisdictions hold their primary and general election in the

same calendar year. The City of Phoenix does not. To address this issue and remain

compliant with the legislative intent of Senate Bill 1581, Chapter 12, Article VII, Division

2 of the Phoenix City Code is hereby amended to add Section 12-1504 to read as

follows:

DIVISION 2. CAMPAIGN FINANCE

12-1504. CAMPAIGN FINANCE REPORTING PERIOD.

A. FOR THE PURPOSES OF THIS SUBSECTION, AN ELECTION YEAR
SHALL BE DEFINED AS THE 12-MONTH PERIOD BEGINNING ON APRIL 1



THROUGH THE FOLLOWING MARCH 31.

B. A POLITICAL ACTION COMMITTEE SHALL FILE A CAMPAIGN
FINANCE REPORT IN EACH ELECTION YEAR COVERING EACH REPORTING
PERIOD AS FOLLOWS:

1. FOR A CALENDAR QUARTER WITHOUT AN ELECTION, THE
POLITICAL ACTION COMMITTEE SHALL FILE A QUARTERLY REPORT. THE
QUARTERLY REPORT SHALL BE:

(A) FILED NOT LATER THAN THE FIFTEENTH DAY OF THE
MONTH AFTER THE CALENDAR QUARTER.

(B) COMPLETE THROUGH THE LAST DAY OF THE
CALENDAR QUARTER.

2. FOR A CALENDAR QUARTER WITH AN ELECTION, THE
POLITICAL ACTION COMMITTEE SHALL FILE A PREELECTION AND
POSTELECTION REPORT AS FOLLOWS:

(A) A PREELECTION REPORT SHALL BE:

(i) FILED NOT LATER THAN FIFTEEN DAYS BEFORE
THE ELECTION.

(ii) COMPLETE FROM THE FIRST DAY OF THE
APPLICABLE CALENDAR QUARTER THROUGH
THE SEVENTEENTH DAY BEFORE THE
ELECTION.

(B) A POSTELECTION REPORT SHALL BE:

(i) FILED NOT LATER THAN THE FIFTEENTH DAY
AFTER THE APPLICABLE CALENDAR QUARTER.

(ii) COMPLETE FROM THE SIXTEENTH DAY BEFORE
THE ELECTION THROUGH THE LAST DAY OF
THE APPLICABLE CALENDAR QUARTER.

C. A CANDIDATE COMMITTEE SHALL FILE CAMPAIGN FINANCE
REPORTS COVERING EACH REPORTING PERIOD AS FOLLOWS:

1. AN ANNUAL REPORT THAT IS FILED FOR EACH YEAR OTHER
THAN THE ELECTION YEAR OF THE SECOND (GENERAL) ELECTION FOR THE
OFFICE THAT THE CANDIDATE IS SEEKING. AN ANNUAL REPORT SHALL BE


2 Ordinance No. G-XXXX
COMPLETE THROUGH THE END OF THE ELECTION YEAR AND SHALL BE FILED
NO LATER THAN APRIL 15TH.

2. A QUARTERLY REPORT THAT IS FILED FOR EACH CALENDAR
QUARTER IN AN ELECTION YEAR WHERE A SECOND (GENERAL) ELECTION
MAY TAKE PLACE AND THE CANDIDATE IS SEEKING OFFICE. A QUARTERLY
REPORT SHALL BE FILED NOT LATER THAN THE FIFTEENTH DAY OF THE
MONTH AFTER THE CALENDAR QUARTER.

3. IN ADDITION TO THE QUARTERLY REPORTS FOR THE
ELECTION YEAR OF THE SECOND (GENERAL) ELECTION FOR THE OFFICE
THAT THE CANDIDATE IS SEEKING AS PRESCRIBED IN PARAGRAPH 2 OF THIS
SUBSECTION, A POSTPRIMARY REPORT SHALL BE COMPLETE THROUGH THE
PRIMARY ELECTION AND SHALL BE FILED NOT LATER THAN FIFTEEN DAYS
AFTER THE PRIMARY ELECTION. FOR CITY ELECTIONS, THE PRIMARY
ELECTION IS THE FIRST ELECTION HELD IN NOVEMBER OF THE EVEN-
NUMBERED YEAR.

D. THE REPORTING PERIOD FOR A CANDIDATE COMMITTEE’S FIRST
CAMPAIGN FINANCE REPORT OF THE ELECTION CYCLE SHALL INCLUDE THE
ENTIRE ELECTION CYCLE TO DATE.

E. A COMMITTEE SHALL FILE CAMPAIGN FINANCE REPORTS UNTIL
TERMINATED.


PASSED by the Council of the City of Phoenix this ___ day of ________,

2025.



MAYOR


________________________________
Date


ATTEST:



Denise Archibald, City Clerk




3 Ordinance No. G-XXXX
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney



Deryck R. Lavelle
Chief Assistant City Attorney


REVIEWED BY:



Ed Zuercher, City Manager




4 Ordinance No. G-XXXX



Report

Acquisition of Easements for the 16th Street and Ardmore Road Hohokam
Drainage Basin I Project (Ordinance S-52446) - District 8

Request to authorize the City Manager, or designee, to acquire easements either by
donation, purchase within the City's appraised value, purchase at a settlement amount
arrived through mediation and determined by the City Manager or designee to be
reasonable under the circumstances, or by the power of eminent domain, for the 16th
Street and Ardmore Road Hohokam Drainage Basin I Project. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
Acquisition of easements are required for construction of a storm drain system which
includes a high capacity drop inlet and graded basins to effectively capture floodwater.
The collected flow will be conveyed through the storm drain and discharged at the
southeast corner of the proposed detention basins.

The parcels affected by this project are 1701 E. Dobbins Road and 1623 E. Pickrell
Drive, identified by Maricopa County Assessor's parcel numbers 301-37-009 and 301-
35-033.

Financial Impact
Funding for this project is available in the Street Transportation Department's Capital
Improvement Program budget.

Location
East Dobbins Road and South 16th Street
Council District: 8

Responsible Department
This item is submitted by City Manager Ed Zuercher, the City Engineer, and the Street
Transportation and Finance departments.








Report

Acquisition of Easements for the Basin 5 - Circle K Park Project (Ordinance S-
52448) - District 8

Request to authorize the City Manager, or his designee, to acquire easements either
by donation, purchase within the City's appraised value, purchase at a settlement
amount arrived through mediation and determined by the City Manager or designee to
be reasonable under the circumstances, or by the power of eminent domain, for the
Basin 5 - Circle K Park Project. Further request authorization for the City Controller to
disburse all funds related to this item.

Summary
Acquisition of easements are required to alleviate drainage issues in the area. Highline
Canal Park will be redeveloped to incorporate a detention basin, which will serve as
the outfall for three future storm drain systems.

The parcel affected by this project and included in this request is located at 1307 E.
Pedro Drive, identified by Maricopa County Assessor's parcel number 300-37-514.

Financial Impact
Funding is available in the Street Transportation Department's Capital Improvement
Program budget.

Location
South of Euclid Avenue, between 7th and 14th streets.
Council District: 8

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Street Transportation and
Finance departments.








Report

Acquisition of Easements for the 14th-15th Street Storm Drain Project
(Ordinance S-52449) - District 8

Request to authorize the City Manager, or his designee, to acquire easements by
donation, purchase within the City's appraised value, or by the power of eminent
domain required for the 14th to 15th Street Storm Drain Project. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The acquisition of easements is required to alleviate drainage issues in the area. A
storm drain and a high-capacity inlet will be constructed to capture runoff from the
mountains prior to 15th Street and Dobbins Road. The storm drain will discharge flow
to the southeast corner of the proposed detention Basin 5 at Circle K Park.

The parcels affected by this project are identified in Attachment A.

Financial Impact
Funding is available from the Street Transportation Department's Capital Improvement
Program budget, using General Obligation Bonds.

Location
South of Euclid Avenue, between 14th Street and 16th Street.
Council District: 8

Responsible Department
This item is submitted by City Manager Ed Zuercher, the City Engineer, and the Street
Transportation and Finance departments.





Attachment A
Property Identification

Acquisition of Easements for the 14th-15th Street Storm Drain Project


The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
Northeast Corner of South 14th Street and East Dobbins
300-39-262
Road
Southeast Corner of South 14th Street and East Euclid
300-39-263
Avenue
300-72-026D 9415 S. 15th Street
300-73-027A 1433 E. La Mirada Drive




1 of 1 72



Report

Acceptance of an Easement for Drainage Purposes (Ordinance S-52451) -
District 1

Request for the City Council to accept an easement for drainage purposes; further
ordering the ordinance recorded. Legal descriptions are recorded via separate
recording instrument.

Summary
Accepting the property interests below will meet the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easements
MCR: 20250594085
Applicant and Grantor: 15 Alameda, LLC; its successor and assigns
Date: October 14, 2025
Purpose: Drainage
Location: West of the northwest corner of N. 15th Avenue and W. Alameda Road
APN: 210-07-025C
File: FN 250027
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.








Report

Acceptance of an Easement for Public Utility Purposes (Ordinance S-52463) -
District 4

Request for the City Council to accept an easement for public utility purposes; further
ordering the ordinance recorded. Legal description is recorded via separate recording
instrument.

Summary
Accepting the property interests below will meet the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement
MCR: 20250614219
Applicant and Grantor: DAP Management Group, LLC; its successor and assigns
Date: October 23, 2025
Purpose: Public Utility
Location: 4610 N. 7th Avenue
APN: 155-37-001A; 155-37-097B
File: 250023
Council District: 4

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.








Report

Loop Detector Installation Services Contract - IFB 26-0049 - Request for Award
(Ordinance S-52461) - Citywide

Request to authorize the City Manager, or his designee, to enter into a contract with
Kimbrell Electric, Inc. to provide Loop Detector Installation Services for the Street
Transportation Department. Further request to authorize the City Controller to disburse
all funds related to this item. The total value of the contract will not exceed
$12,500,000.

Summary
This contract will provide the labor, materials and equipment required for the
installation of new and replacement traffic detection sensor loops throughout the City.
The underground magnetic sensors detect vehicles at signalized intersections,
improving traffic signal timing to provide for the safe, efficient and convenient
movement of people and goods on City streets.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor:

Selected Bidder
Kimbrell Electric, Inc.

Contract Term
The contract will begin on or about December 3, 2025, for a five-year term with no
options to extend.

Financial Impact
The aggregate contract value will not exceed $12,500,000. Funding is available in the
Street Transportation Department's operating budget.




Responsible Department
This item is submitted by City Manager Ed Zuercher and the Street Transportation
Department.








Report

***ADDITIONAL INFORMATION (SEE ATTACHMENTS)*** Union Comments on
Proposed Changes to Memoranda of Understanding - Citywide

Under the terms of the Meet and Confer Ordinance, employee organizations are
afforded an opportunity to comment after having submitted proposed changes to
existing Memoranda of Understanding (MOUs) by December 1, 2025.

This item on the agenda allows the unions to inform the City Council as to their
priorities, concerns, and general goals for the Meet and Confer process.

The Meet and Confer Ordinance also requires that the public be given an opportunity
to make comments on the union proposals at the December 17, 2025, City Council
meeting.

Responsible Department
This item is submitted by Deputy City Manager David Mathews and the Human
Resources Department.





Brittany Whittle

From: Jess Mayer
Sent: Monday, December 1, 2025 1:49 PM
To: Cathleen A Simpson
Cc: Brittany Whittle; Mailbox City Clerk Department CLK
Subject: AFSCME Local 2384 MOU
Attachments: Outlook-serensaf; 2026 2028 MOU Proposed changes.docx



CAUTION: This email originated outside of the City of Phoenix.
Do not click links or open attachments unless you know the sender and were expecting this email.

Report Suspicious

Dear Cathleen,

In accordance with the Phoenix City Code §2-218(B), AFSCME Local 2384 is enclosing the proposed
memorandum of understanding in the format the parties discussed on 11/10/2025.

Please let us know if you have any questions or need additional information.

We look forward to meeting and conferring.

Regards,



Jess Mayer
President

AFSCME Local 2384
Phone: 602-230-2301
Mobile: 480-901-2627
Email:
jmayer@afscme2384.com
3636 North 15th Avenue
Phoenix, AZ 85015
www.afscme2384.com
[afscme2384.com]




Section 3-1: Wages
A. All Unit 2 employees shall receive annual base-wage increases that equal or exceed the
greater of:

1. Three percent (3%) of base rate; or
2. The average percentage wage increase granted to any other City bargaining unit or
unclassified group within the same fiscal year.
These adjustments shall be automatic and not subject to budgetary deferral.

B. Unit 2 employees shall receive a cost-of-living adjustment (COLA) each July 1 based on the
U.S. CPI-U (West Region), with a guaranteed floor of 2.5% and no cap. The City shall not offset
this COLA against other negotiated raises.

C. When the City achieves an operating-revenue surplus exceeding three percent (3%) of
forecast, one-half of that surplus shall be distributed as a lump-sum economic-share bonus to all
Unit 2 employees.

D. Licensed Pesticide Applicators shall receive $1.50 per hour above their base hourly rate for
all hours engaged in related duties.

E. Employees required to hold or maintain a Commercial Driver License (CDL) for any portion
of duties shall receive $0.75 per hour added to base pay.

F. Pay-schedule calculations shall follow rate tables jointly prepared by Human Resources and
AFSCME Local 2384. Any rounding shall round upward to the employee’s benefit.




Section 3-1A: Productivity Enhancement Pay
A. Eligible employees shall receive semi-annual Productivity Enhancement payments as follows:

1. After five (5) years of service: $150 per year of service, up to $5,000 annually at twenty-
two (22) years.
2. After twenty-three (23) years: $200 per year of service, up to $8,000 annually at twenty-
seven (27) years.

B. Eligibility requires:

1. Six (6) years continuous service;
2. A performance rating of “Met” or higher;
3. Active full-time status.

C. Payments shall be pro-rated each pay period. Any delays shall be issued retroactively.




D. Compensation shall not be reduced due to reclassification or movement; Productivity
Enhancement Pay is retained by the employee.




Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regular shift or 40 hours per
week (or 10 hours per day for compressed schedules).

B. All paid leave counts as time worked for overtime eligibility.

C. Overtime shall be paid at 1.5 times the regular rate. Work exceeding twelve (12) consecutive
hours shall be paid at double time.

D. Overtime shall be voluntary whenever possible. Mandatory overtime shall rotate equitably.

E. Accurate overtime lists shall be posted monthly.

F. Employees may accrue up to 240 hours of compensatory time.

G. Employees may cash out up to 80 hours of compensatory time twice per fiscal year.




Section 3-2A: Call-Out Pay
A. An eight-hour protected rest period shall apply before each shift. Call-outs during this period
provide flexible reporting time or equivalent rest.

B. Call-outs guarantee three (3) hours minimum at double time.

C. Multiple call-outs within one rest period each trigger the minimum.




Section 3-3: Out-of-Class Pay
A. Employees performing higher-classification duties for two (2) hours or more shall receive the
higher rate for the entire shift.

B. Out-of-class assignments shall not exceed ninety (90) days without reclassification or posting
the position.

C. Out-of-class assignments shall rotate equitably by seniority.



Section 3-4: Sick Leave Conversion and Payout
A. At retirement, employees may convert unused sick leave: 100% up to 1,200 hours and 50%
thereafter.

B. Employees separating with ten (10) or more years of service (and not terminated for cause)
shall receive a 75% payout.




Section 3-5: Shift Differential Pay
A. Employees working between 6 p.m. and 6 a.m. shall receive a 10% differential.

B. Weekend shifts earn an additional 5% differential.




Section 3-6: Stand-By Pay
A. Stand-by status earns two (2) hours of pay per day plus overtime for callouts.

B. Stand-by assignments shall rotate equitably.




Section 3-7: Show-Up Time
A. Employees reporting as scheduled who are not put to work shall receive four (4) hours
minimum pay.




Section 3-8: Jury Duty
A. Employees summoned to jury duty receive full pay with no loss of leave, benefits, or
seniority.

B. Employees released after 4 p.m. are not required to return to work.




Section 3-9: Deferred Compensation
A. The City shall match deferred-compensation contributions up to 3% of base pay.

B. Financial planning sessions shall be provided on paid time.




ARTICLE 4: Hours of Work / Working
Conditions
Section 4-1: Hours of Work
A. The standard work week shall consist of forty (40) hours, arranged in either five (5) eight-
hour days or four (4) ten-hour days, unless otherwise agreed by the Union.

B. Employees shall receive a regular, predictable schedule. Changes require ten (14) calendar-
days’ notice and prior Union consultation.

C. No employee shall suffer loss of pay or seniority due to City-initiated operational schedule
changes.

D. Temporary schedule changes shall be filled first by volunteers, then equitably by seniority.

E. Employees required to work on holidays or City-declared emergency days shall receive
double time plus holiday pay, with a four-hour minimum.




Section 4-2: Rest and Lunch Periods
A. Employees shall receive two (2) paid fifteen-minute breaks and one (1) uninterrupted thirty-
minute meal period each shift.

B. Interrupted breaks shall be rescheduled or paid.

C. Employees shall not be required to stay at workstations during unpaid breaks.

D. Supervisors shall provide climate-appropriate break areas with shade, seating, and potable
water.




Section 4-3: Clean-Up Time
A. Employees shall receive thirty (30) minutes before shift end for personal and equipment
cleanup.

B. Cleanup time involving hazardous materials shall be extended as needed and fully paid.

C. Departments shall provide adequate washing stations, lockers, and secure storage.




Section 4-4: Seniority
A. Seniority shall be the controlling factor for promotions, transfers, layoffs, recalls, overtime,
and shift bidding when qualifications are met.

B. Seniority shall be based on continuous City service or classification seniority, whichever
benefits the employee.

C. Seniority lists shall be verified jointly with the Union twice annually.

D. Temporary promotions or out-of-class assignments do not interrupt seniority accrual.




Section 4-5: Bump / Bid Procedure – Fleet Services
A. All reassignments and shift changes shall follow an open bidding process based on seniority,
qualifications, and employee preference.

B. Vacancies shall be posted for ten (10) days at all work sites.

C. Employees may review postings during work hours.

D. The Union shall receive all posting and award documentation.

E. Disputes are subject to expedited grievance review.

F. No employee shall be involuntarily reassigned without just cause and prior Union discussion.




Section 4-6: Technology



A. The City shall introduce new technology only after advance consultation with the Union.

B. No employee shall be laid off or demoted due to new technology without six (6) months’
notice and training or reassignment at equal pay.

C. All technology training shall occur on City time.

D. GPS or monitoring technology shall not be used for discipline inconsistent with employee
rights.

E. All technology issues are grievable.




ARTICLE 5: Benefits
Section 5-1: Health and Life Insurance
A. The City shall provide comprehensive medical, dental, and vision coverage at no cost to the
employee.

B. Multiple plan options shall be provided.

C. The Union shall approve all vendor or network changes.

D. The City shall provide life insurance equal to twice annual salary.

E. The City shall fund an Employee Assistance Program (EAP).




Section 5-2: Vacation Leave
A. Vacation accrues as follows:
● 0–4 years: 4.6 hrs/pay period
● 5–9 years: 6.2 hrs/pay period
● 10–14 years: 7.7 hrs/pay period
● 15+ years: 9.3 hrs/pay period

B. Employees may accumulate up to 600 hours.

C. Vacation scheduling shall be based on seniority.

D. Requests must be approved or denied within seven (7) days; otherwise approval is automatic.




Section 5-3: Holidays
A. Employees receive fourteen (14) paid holidays.

B. Holidays falling on days off shall be replaced with alternate paid days.

C. Holiday work is paid at double time plus holiday pay.

D. Floating holidays may be used with 48-hour notice.




Section 5-4: Sick Leave
A. Sick leave accrues at five (5) hours per pay period.

B. Sick leave may be used for illness, appointments, or family care.

C. No doctor’s note is required for three (3) days or fewer unless abuse is shown.

D. Sick leave may be donated to a Leave Bank.

E. The City shall provide twelve (12) weeks paid parental leave.




Section 5-5: Retirement Benefits
A. The City shall contribute at least one-half of ASRS obligations.

B. Retirement benefits may not be reduced without Union consent.

C. Phased-retirement options shall be offered.




Section 5-6: Other Benefits
A. Additional City-funded benefits include:
● Tuition reimbursement up to $6,000 per year
● Tool/uniform allowances
● Wellness screenings




● Short- and long-term disability insurance
● Employee recognition programs

B. All benefits are grievable and enforceable.




ARTICLE 6: Safety, Grievance Procedures,
and General Provisions
Section 6-1: Safety and Working Environment
A. The City shall maintain safe, healthy, and sanitary workplaces exceeding minimum standards.

B. Employees may refuse unsafe work without retaliation.

C. The City shall provide and replace PPE at no cost.

D. A Joint Labor-Management Safety Committee shall meet monthly.

E. Work areas shall include adequate lighting, ventilation, water, restrooms, and break areas.

F. Injured employees shall receive paid medical evaluation time.

G. All required training shall be provided on paid time.




Section 6-2: Reporting of Injuries and Hazards
A. Employees shall report hazards or injuries; the Union shall be notified within 24 hours.

B. No retaliation shall occur against reporting employees.

C. All investigations shall include Union participation.




Section 6-3: Grievance Procedure
A. Employees have the right to representation at all steps.

B. A grievance includes disputes over this MOU, safety, conditions, or discipline.



C. Step 1: Informal discussion within 14 days; response in 5 days.
D. Step 2: Written grievance to Director; meeting in 7 days; response in 10 days.
E. Step 3: Appeal to Labor Relations; response in 10 days.
F. Step 4: Arbitration; arbitrator selected from joint panel.

G. Arbitration decisions are final and binding, with full make-whole remedies.

H. Safety-related grievances shall be fast-tracked.




Section 6-4: Disciplinary Procedures
A. Discipline requires just cause.

B. Employees shall have representation rights.

C. Employees shall receive all evidence before discipline.

D. Discipline shall not be imposed until investigation is complete.

E. All discipline is grievable.




Section 6-5: Non-Discrimination and Anti-Retaliation
A. The City shall maintain a workplace free of discrimination and retaliation.

B. Retaliation for complaints or safety reporting is prohibited and grievable.




Section 6-6: Labor-Management Committees
A. A Joint Committee shall meet monthly to address working conditions, policies, and staffing.

B. No policy affecting Unit 2 employees shall be implemented without Union consultation.




Section 6-7: Savings Clause
A. Invalid provisions do not affect the remainder of the MOU.




B. The parties shall negotiate replacement language within 30 days.




Section 6-8: Entire Agreement
This MOU constitutes the complete agreement between the parties.




Section 6-9: Duration and Negotiations
A. This Agreement remains in effect for the adopted term.

B. Negotiations for a successor agreement shall begin six months before expiration.

C. Terms remain in effect until a successor is ratified.




MEMORANDUM OF UNDERSTANDING

2026-2028

And
Unit 4 Employees




PREAMBLE .................................................................................................................... 4

ARTICLE 1: RIGHTS ...................................................................................................... 4
SECTION 1-1: PURPOSE/GENDER .............................................................................................................................. 4
SECTION 1-2: CITY AND DEPARTMENT RIGHTS ....................................................................................................... 4
SECTION 1-3: RIGHTS OF ASSOCIATION ................................................................................................................... 6
SECTION 1-4: RIGHTS OF UNIT MEMBERS .............................................................................................................. 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS ......................................................................................... 20
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 21
SECTION 2-1: GRIEVANCE PROCEDURE .................................................................................................................. 21
SECTION 2-2: LABOR-MANAGEMENT COMMITTEE ................................................................................................ 25
SECTION 2-3: RESOLVING GENERAL COMPLAINTS ................................................................................................ 26
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 26
SECTION 3-1: WAGES ............................................................................................................................................. 26
SECTION 3-2: PRODUCTIVITY ENHANCEMENT PAY ................................................................................................ 27
SECTION 3-3: TRAINING PAY ................................................................................................................................. 28
SECTION 3-4: COMPENSATION FOR INTERPRETING AND TRANSLATION BY SWORN POLICE OFFICERS .................. 29
SECTION 3-5: OVERTIME ........................................................................................................................................ 30
SECTION 3-6: COURT TIME OVERTIME .................................................................................................................. 32
SECTION 3-7: CALL-OUT PAY ................................................................................................................................ 33
SECTION 3-8: OUT-OF-RANK PAY .......................................................................................................................... 33
SECTION 3-9: SICK LEAVE CONVERSION AT RETIREMENT ..................................................................................... 34
SECTION 3-10: SICK LEAVE PAYOUT ..................................................................................................................... 36
SECTION 3-11: NIGHT SHIFT DIFFERENTIAL/WEEKEND SHIFT DIFFERENTIAL....................................................... 36
SECTION 3-12: STAND-BY PAY .............................................................................................................................. 36
SECTION 3-13: COURT TIME STANDBY PAY .......................................................................................................... 37
SECTION 3-14: OFF-DUTY EMPLOYMENT .............................................................................................................. 37
SECTION 3-15: JURY DUTY .................................................................................................................................... 38
SECTION 3-16: DEFERRED COMPENSATION AND DEFINED CONTRIBUTION PLANS ................................................ 38
SECTION 3-17: NON-DIRECT PAYMENT OF COMPENSATION OR BENEFITS............................................................. 38
SECTION 3-18: DRUG RECOGNITION EXPERT PREMIUM PAY ................................................................................. 39
SECTION 3-19: PHLEBOTOMIST PREMIUM PAY ...................................................................................................... 39
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 39
SECTION 4-1: WORK SCHEDULES ........................................................................................................................... 39
SECTION 4-2: SENIORITY ........................................................................................................................................ 41
ARTICLE 5: BENEFITS ................................................................................................ 42
SECTION 5-1: HEALTH INSURANCE ........................................................................................................................ 42
SECTION 5-2: RETIREE HEALTH INSURANCE .......................................................................................................... 42
SECTION 5-3: DENTAL INSURANCE ........................................................................................................................ 43
SECTION 5-4: LIFE INSURANCE .............................................................................................................................. 43
SECTION 5-5: LONG-TERM DISABILITY INSURANCE .............................................................................................. 44
SECTION 5-6: HOLIDAYS AND VACATION LEAVE .................................................................................................. 44
SECTION 5-7: OUT-OF-STATE VACATION RECALL ................................................................................................. 46
SECTION 5-8: MILITARY LEAVE ............................................................................................................................. 47
SECTION 5-9: UNIFORM, CLOTHING AND EQUIPMENT ALLOWANCE ...................................................................... 47
SECTION 5-10: REIMBURSEMENT FOR EDUCATION EXPENSES ............................................................................... 52
SECTION 5-11: LEAVE OF ABSENCE ....................................................................................................................... 52
SECTION 5-12: WORKERS’ COMPENSATION ........................................................................................................... 52
ARTICLE 6: MISCELLANEOUS .................................................................................. 53
SECTION 6-1: SAVING CLAUSE ............................................................................................................................... 53
SECTION 6-2: COPIES OF MEMORANDUM ............................................................................................................... 53


SECTION 6-3: AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING........................... 53
SECTION 6-4: CHANGES IN DEPARTMENT OPERATIONS ORDERS PURSUANT TO THIS MEMORANDUM .................. 54
SECTION 6-5: PHYSICAL FITNESS ........................................................................................................................... 54
SECTION 6-6: TERM AND EFFECT OF MEMORANDUM ............................................................................................ 55
ATTACHMENT A .......................................................................................................... 57

ATTACHMENT B .......................................................................................................... 58

ATTACHMENT C .......................................................................................................... 59




Preamble
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code in order to reach agreement concerning wages, hours, and working
conditions of employees in the Police Officers Unit, and

WHEREAS the parties hereby acknowledge that the provisions of this Memorandum are
not intended to abrogate the authority and responsibility of City government provided for
under the statutes of the State of Arizona or the Charter or ordinances of the City of
Phoenix except as expressly and lawfully limited herein,

NOW THEREFORE, it is agreed that this Memorandum of Understanding (hereinafter
“Memorandum”) shall be submitted to the City Council of the City of Phoenix for its
consideration.



ARTICLE 1: Rights
Section 1-1: Purpose/Gender

Wherever any words used herein in the masculine, feminine or neutral, 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 Department Rights

A. The Association recognizes that the City and the Police Chief retain, whether
exercised or not, solely and exclusively, all express and inherent rights and
authority pursuant to law with respect to determining the level of and the manner
in which the City’s law enforcement activities are conducted, managed, and
administered, and the Association recognizes the exclusive right of Police Chief
to establish and maintain departmental rules and procedures for the
administration of the Police Department during the term of this Memorandum
provided that such rules and procedures do not violate any of the specific
express provisions of this Memorandum.

B. The City and Police Chief have the exclusive right and authority to schedule work
and/or overtime work as required in the manner most advantageous to the City

C. The City shall maintain patrol staffing at levels reasonably necessary to ensure
officer safety. When staffing falls below the level determined by the line-level
supervisor to be reasonably necessary for safe operations, the Department shall
take reasonable steps to increase staffing, including utilization of overtime.

D It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described; nevertheless, it is
intended that all such duties shall be performed by the employee. 155
E. The Police Chief and City Manager reserve the right to discipline or discharge
employees for just cause, defined as follows, pursuant to the Civil Service laws. The
City reserves the right to lay off personnel of the Department.

1. The employer informed the law enforcement officer of the possible
disciplinary action resulting from the officer's conduct through agency
manuals, employee handbooks, the employer's rules and regulations, or other
communications to the officer or the conduct was such that the officer should
have reasonably known disciplinary action could occur.

2. The disciplinary action is reasonably related to the standards of conduct for a
professional law enforcement officer, the mission of the agency, the orderly,
efficient or safe operation of the agency, or the officer's fitness for duty.

3. The discipline is supported by a preponderance of evidence that the conduct
occurred.

4. The discipline is not excessive and is reasonably related to the seriousness of
the offense and the officer's service record.

F. The City and the Police Chief shall determine assignments and establish
methods and processes by which assignments are performed. This is not grievable
under the MOU.

G. The City and Police Chief shall have the right to transfer employees within the
Police Department in a manner most advantageous to the City. This is not grievable
under the MOU.

H. Except as otherwise specifically provided in this Memorandum, the City and the
Police Chief retain unqualifiedly all rights and authority to which by law they are entitled.

I. The City shall have the authority without prior meeting and conferring to effect
reorganizations of the Police Department.

J. The Association recognizes that the City has statutory and Charter rights and
obligations in contracting for matters relating to municipal operations.

K. The Association pledges cooperation to the increasing of departmental efficiency
and effectiveness. Any and all rights concerning the management, organization, and
direction of the Police Department and the police force, including those set forth in this
Memorandum, shall be exclusively the right of the City and the Police Chief unless
otherwise provided by the express terms of this Memorandum as permitted by law.

L. The inherent and express rights of the City and the Police Chief, including those
herein specifically referred to, which are not expressly modified or restricted by a



5 156
specific provision of this Memorandum, are not in any way, directly or indirectly,
subject to the Grievance Procedure herein.


Section 1-3: Rights of Association

A. The Association, as the authorized representative, has the exclusive right to
serve as the meet and confer representative of all employees in the Police
Officers Unit as described in the City Code. Under no circumstances will the City
or Department allow any member or representative of any other labor group, or
their designee, to verbalize, memorialize in writing or insinuate that they
represent, or have the ability to represent, Unit 4 members.

Under no circumstance shall the department create or request unit members to
sign or agree to individual employment contracts without mutual agreement with
the Association. Unit members will still be required to sign for receipt of materials.

B. Union Release:
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and the Association have
negotiated six full-time release positions, and release hours, as an efficient and
readily available point of contact for addressing labor-management concerns.
Examples of work performed by the release positions in support of the City
include ensuring representation for unit employees during administrative
investigations and grievance/disciplinary appeal meetings with management;
participating in collaborative labor-management initiatives that benefit the City
and the unit members; serving on Police Department task forces and
committees; facilitating effective communication between City and Department
management and unit employees; assisting unit members in understanding and
following work rules; and administering the provisions of the Memorandum of
Understanding. The cost to the City for these release positions, including all
benefits, has been charged as part of the total compensation contained in this
agreement in lieu of wages and benefits. The parties recognize that recent legal
precedent may require additional agreements between the City and the
Association regarding the implementation of release time positions. The parties
will develop any required agreements consistent with applicable law while
maintaining the release time framework and compensation provisions set forth in
this MOU.


1. Full-Time Release Positions:

a. The 6 full time release positions shall be sworn, full time, paid police
officers of the Phoenix Police Department, who will at all times remain
qualified to perform such duties as are normally expected and required of
a municipal police officer in the City of Phoenix, Arizona. These 6 full time
release positions will receive their regular salary including fringe benefits,
and the employer shall make all employer contributions to the Public
Safety Personnel Retirement System required by law so as to maintain
their full eligibility under the Public Safety Personnel Retirement System.
b. The 6 full time release positions shall participate in all appropriate training
requirements necessary to maintain membership in the department,
including all training mandated by the Arizona Peace Officers Standards
and Training Board (AZ POST).


c. The 6 full time release positions agree to be bound by the City’s and the
Police Department’s rules, regulations, and operations orders, including
but not limited to proper notification when utilizing sick or vacation leave.
The full time release employees may be subject to disciplinary action for
violations of any such rules, regulations, general or operations orders.
d. The 6 full time release positions may work supplemental overtime shifts
consistent with the processes and policies set in place by the Phoenix
Police Department for all sworn police officers. Employees will submit all
overtime slips to their current supervisor to ensure that overtime is being
used appropriately.
e. The 6 officers assigned to the Association and on full-time release
shall be considered as case carrying detectives with standby
responsibilities.


2. Association Representatives:

The Association may designate up to 42 representatives and shall notify the
Police Chief and Labor Relations in writing of such designations as they
occur. 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 or as changes occur.

Every quarter, PLEA will provide a list of stewards that will be posted.

a. Up to two PLEA representatives may, when the Association is designated
by the unit member as his representative, attend mutually scheduled
grievance meetings, Use of Force Boards, Disciplinary Review Boards,
IRP Meetings, and hearings with department representatives and hearings
scheduled and conducted by the Civil Service Board without loss of pay or
benefits. Up to two PLEA representatives may attend hearings with the
department representative if more than one department representative is
in attendance. Paid release time used for any other purposes, such as
gathering information, interviewing the grievant/appellant or witnesses, or
preparing a presentation shall be charged against the bank of release
hours as described in Section 1-3 D. PLEA representatives are required to
obtain the permission of their non-unit supervisor to absent themselves
from their duties to attend scheduled meetings and provide representation.

b. When new work units, precinct(s)/bureau(s) are created, the Association
may designate up to 1 additional representative per bureau and up to 3
additional representatives per precinct. The increased number will be
consistent with current practice and will be based solely on the addition of
new work unit(s). Any deviation from the above will be discussed at a
Labor-Management meeting. 158
3. Bank of Release Hours:

A bank of 1,859 hours of paid Association release time shall be created per
M.O.U. year for use by the Association to engage in legitimate Association
business. PLEA will utilize best efforts to provide advanced notice of the use of




7 159
these hours to Labor Relations so the affected chain of commands can be
notified. In all instances, PLEA will provide Labor Relations with notice of
hours used. The cost to the City for these release hours, including fringe, has
been charged as part of the total compensation contained in this agreement
in lieu of wages and benefits. Examples of how these hours are used by the
Association include:

a. For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations
pursuant to Chapter 2, Article XVII (Employer-Employee Relations),
Phoenix City Code.

b. For unit members to attend seminars, meetings, training classes and
conferences so that representatives better understand issues such as City
policies and practices, conflict resolution, labor-management partnerships,
and methods of effective representation.

c. For Association representatives to communicate with members, investigate
grievances or prepare for hearings. A PLEA 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 PLEA representative. When
requesting a meeting with the work unit/site supervisor, the PLEA
representative will inform the supervisor of the purpose of the meeting. PLEA
representatives will attempt to schedule an appointment in advance whenever
possible. One additional PLEA representative may be allowed to attend such
meetings for training purposes.

Approval for use of paid release time hereunder shall be subject to
Departmental operational and scheduling factors. When using such paid
time, Association representatives and members of the Executive Board
shall give at least 24 hours written notice in advance.

In recognition of the mutual benefit to both the City and the Association, a
unit member using Association release time as defined by Articles in this
MOU to conduct Association business shall be accorded all insurance-
related benefits. Approval of claims made for benefits will be determined
on a case by case basis.

Any hours used in excess of the bank must be approved by the Police Chief,
the Labor Relations Administrator, and the PLEA president. The number of
hours used in excess of the bank at the end of the contract term will be
deducted from the bank at the start of the first year of the following contract.
Unused hours will be carried over into the first year of the next contract.

C. The president may appoint a legislative representative for the Association if the
legislative representative is registered with the Secretary of State as a lobbyist and


if the legislative representative has agreed to work with and assist the city’s
legislative lobbyist. The legislative representative shall receive 500 hours of
release time per MOU year.

D. A member of the Executive Board of the Association, or a designated PLEA
representative, will, with the approval of the Police Chief or his designee, subject
to 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 such
authorization for more than 2 Executive Officers or Board members of the
Association or designated shift representatives is subject to 48 hours written
notice in advance. 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 arbitrarily withheld. There shall be no use of
official paid time for Association related activities under this paragraph.

E. Upon the Association’s filing of a Third Party Data Sharing Agreement with the
Labor Relations Division, during the term of this Memorandum, upon request, the
City shall furnish to the Association bimonthly at no cost a listing of all unit
members, indicating name, mailing address, phone number, employee ID, and
assignment. The City will also provide a monthly list of employees added that
month to Unit 4.

F. The City shall deduct monthly from the pay warrants of Association members the
regular periodic Association membership dues and/or special assessments in
accordance with Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code and pursuant to the City’s existing dues deduction authorization form
duly completed and signed by the Association member, and transmit such
deductions to the Association on a monthly basis; except, however, that such
deduction shall be made only when an Association member’s earnings for a pay
period are sufficient after other legally required deductions are made. The City
shall, at the request of the Association, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for
implementing such change. The City shall not make dues deductions for unit
members on behalf of any other employee organization as defined in Chapter 2,
Article XVII (Employer-Employee Relations), Phoenix City Code during the term
of this Memorandum. The City assumes no liability on account of any action
taken pursuant to this paragraph.

G. The Association is authorized to use mutually agreed upon non-work areas in City
facilities for pick-up by or distribution to unit members of official Association literature
that is not political in nature, abusive of any person or organization, or disruptive of
the department’s operations, it being understood and agreed, however, that such
activity shall not be done during the on-duty time of any unit member. The
Association may, using its own resources, use the mailboxes at work locations to
communicate with unit members. The association may use Inter-departmental mail
to communicate with unit members on two occasions a year.




H. The Association and the Department will jointly present a 4-hour Employee
Wellness course to recruits who are expected to become sworn police officers.
Immediately following, the Association will be allowed 1 hour to talk to and
possibly sign newly sworn police officers into the Association and to explain the
rights and benefits under the MOU. This time will be allotted prior to reporting for
the first patrol training shift at the offices of the Association. 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. Curriculum will be jointly
approved with the Training Bureau Division Chief.

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 unit member’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 unit member’s regular work shift in
pursuit of benefits provided by this Article.

J. Any unit representative attending any IRP, DRB, UFB, DAC, or any other review
board will be allowed to adjust their work schedule by an equal amount of time
spent in the meeting. The adjustment will require the approval of the
representative’s supervisor with operational consideration. Approval will not be
unreasonably withheld.

K. In the interest of encouraging continuing education for unit members, the
department will mail to the Association president the AZ POST calendar and all
other job related seminar notices it receives.

L. The Association will have 2 PLEA positions, designated in writing, on continuous
paid stand-by for the mutual benefit of both the City and the Association to
respond to critical incidents as needed. No member will be placed on stand-by if
the member is not available for call-out. If call-out occurs, overtime will be paid in
accordance with Article 3, Section 3.2.

M. Upon written request from the Association, the City will provide specific
information pertinent to a written grievance, arbitration case, or Civil Service
appeal. The City will also provide pertinent collective bargaining information. This
material will be supplied to the Association at no cost.

N. To improve communication and relationships between labor and management,
the Association will be allowed an opportunity to attend one mutually agreed
upon briefing quarterly with each squad to discuss Association business and
issues of mutual concern to labor and management. PLEA will utilize best efforts
to provide advance notice of meeting.

O. The City values and benefits from the participation of Union leaders on citywide task
forces and committees, Police Department task forces and committees, Labor –
Management work groups, and a variety of Health and Safety committees. These
activities take time away from expected tasks such as representation and


communicating with the membership and may occur outside the regular work day
of the Union officials. The full-time release positions agree to participate in these
important committees and task forces. In recognition of this commitment, the City
agrees to provide a 960 hour bank of compensation for use by the full-time
release positions each MOU year.

P. Unit members who are not Association members at the beginning of the last pay
period in June of each year will receive 3.5 hours of vacation time, in addition to
their normal annual accruals, credited to their vacation leave bank on the
second paycheck in August of that same year. Unit members who are not
Association members at the beginning of the last pay period in December of
each year will receive 3.5 hours of vacation time in addition to their normal
annual accruals, credited to their vacation leave bank on the second paycheck
in February of the following year.

The number of hours distributed to Unit members who are not Association
members will be deducted from the leave banks described in Section 1-3,
beginning with the Section 1-3(C) leave bank, then the Section 1-3(B)(3) leave
bank, and then the Section 1-3(O) leave bank. If there are not enough hours in
the leave banks to refund the hours to Unit members who are not Association
members, the Association will reduce the number of full-time release positions
for the remainder of the six-month period. The value of each reduced full-time
release position will be converted to hours and credited to the Section 1-3(B)(3)
leave bank.

The City will provide Unit members who are not members of the Association “opt
in” forms, to be approved by the Association, allowing them to donate vacation
leave to be deposited into the Section 1-3(B)(3) leave bank. At any time during
the term of this MOU, any Unit member may request this “opt in” form in order to
donate vacation time in the manner above-described.

Q. As the certified unit 4 bargaining unit, the Association will be notified electronically of
Use of Force Boards and Disciplinary Review Boards at the time of scheduling.


Section 1-4: Rights of Unit Members

A. A unit member has the right to have the Association serve as their meet and
confer representative as set forth in Chapter 2, Article XVII (Employer-Employee
Relations), Phoenix City Code.

B. A unit member has the right to be represented by the Association in dealings with
the City concerning grievances and matters pertaining to their individual
employment rights and obligations.

1. If a unit member requests, representation will be allowed when the member is
the subject of an administrative investigation by Professional Standards
Bureau, any Police Department supervisor, or other City employee who is


conducting an investigatory interview. The City will notify the Association who
will obtain the most readily available unit Association representative, who
must be a bargaining unit member. The unit representative will make every
reasonable attempt to arrive within one hour from the time a phone is made
available to the unit member. Management will make a concerted attempt to
release the association representative giving the consideration of the
departments’ and the associations’ scheduling concerns. The unit Association
representative may make a request for a caucus prior to, during, or after the
interview to bring to the investigator's attention issues which may be violations
of the MOU as set forth in this Memorandum or questions outside the scope
of the N.O.I. Prior to the conclusion of the meeting, the member, or
representative on behalf of the employee, will have the opportunity to make a
closing statement.

The Union representative may assist and consult with the employee, attempt
to clarify the facts or questions asked, and suggest other employees or
witnesses who may have knowledge of the underlying issues. The Union
representative may not turn the meeting into an adversarial proceeding,
unduly disrupt the interview, interfere with the objective of the examination, or
compromise the integrity of the interview. The Union representative may not
interrupt the employee’s response to a question, speak on behalf of the
employee, or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

During the interview, the interviewer may insist that they are only interested in
hearing the employee’s own account of the matter under investigation at that
time. The interviewer may not prohibit the Union representative from
engaging in meaningful representation, including assisting and consulting with
the employee.

2. The interview session shall be a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated.

3. Prior to conducting an administrative interview, the City/Department will
consider the necessity of interviewing a Unit Member who is impaired by
alcohol or drugs. If the City/Department deems an immediate administrative
interview is not necessary, it will/may be scheduled at a later time.

4. At the time of the scheduled interview, or request for a departmental
memorandum, by Professional Standards Bureau, a Police Department
Supervisor, or other City Employee, the investigator will provide the unit member
and / or their representative written notices of investigation informing the officer
of the alleged facts that are the basis of the investigation, the potential for
disciplinary action, and all relevant and readily available materials, including
complaints (except for complaints that are filed with the employer and that
include allegations of unlawful discrimination, harassment or retaliation or
complaints that involve matters under the jurisdiction of the United States equal
employment opportunity commission). Material format may include video,


12 164
audio, reports, photographs, documents, and other materials in accordance
with A.R.S § 38-1104(A)(2) in effect during the term of this agreement. Upon
the request of either party, the parties shall meet and confer the impact of any
changes to the provisions of A.R.S § 38-1104(A)(2) during the term of this
agreement. All materials will be made available to the unit member and/or
their representative in the draft investigation prior to the investigative review
process (IRP).

For investigations related to critical incidents such as officer involved
shootings, in-custody deaths, and/or police contract that result in serious
physical injury or death, Body Worn Camera (BWC) video will be made
available to a unit member prior to their administrative (PSB) interview if the
unit member first completes the criminal interview process with criminal
investigators. The parties understand that there are inherent limitations to
BWCs and memory. They also recognize that the inability to review BWC
video can impact reporting accuracy.

During the course of the administrative investigation, the investigator will not
knowingly misrepresent any fact or material issue to the unit member.

Prior to interviewing an involved employee, an Internal Investigation Material
List form documenting what materials, the investigating supervisor or PSB
investigator provided to the involved employee will be completed.


5. A unit member under investigation, and the association, will be notified in
writing every 3 months 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.

6. When a draft investigation is provided to a Unit member, it will contain an
explanation of the member’s right to review the investigation within the time
period provided in Ops Order 3.19 before signing the investigative review
control form.

7. If changes are made to an investigation after an IRP, the unit member and
representative will be provided with a revised draft of the investigation. The
unit member will have up to 5 business days to review the revised draft, and
may attach a rebuttal, before signing an IRC form.

8. If new information is added, outside what was discussed during the IRP, to
the draft investigation, the member reserves the right to have an additional
IRP to discuss the new information. The additional IRP will only be afforded to
specifically discuss the added information, not to revisit items already
discussed in the initial IRP. The additional IRP will be scheduled and
completed within 7 calendar days, unless mutually agreed upon in writing
prior to the deadline.


9. As the certified bargaining unit for all unit 4 members, all finalized
investigations will be provided to the Association monthly.

10. Analyses completed by artificial intelligence systems or programs ("Al") will
not be used as the sole basis for decisions related to Unit employee discipline
or officer assignments.

The City must notify officers, in writing, of the artificial intelligence systems or
programs ("Al") utilized by the City to review or analyze officer data, the
specific data collected and analyzed by these systems, and how any analyses
may be used.

If an "Al" system that is implemented by the department produces or presents
faulty data or misinformation related to officer reassignment or discipline; the
department in consultation with the association may will pause the utilization
of the "Al" system. At that time the City and the association will reconvene to
assess the issue and determine the appropriate action moving forward.

Artificial intelligence is the simulation of human intelligence processes by
machines, especially computer systems, to perform tasks requiring cognition,
including, but not limited to, learning, reasoning, self correction, and creativity.

C. A unit member has the right to present their own grievance, in person or by legal
counsel.

D. Unit members are entitled to representation if an overall "Not Met" performance
evaluation is appealed and is at the Executive Level (Assistant Chief or Chief) or
when management has more than one representative at the meeting to discuss
the appeal of the performance evaluation.

E.
1. A unit member covered hereunder shall, on their request and by appointment,
be permitted to examine their departmental or divisional personnel file, in the
presence of an appropriate supervisory official of the Department. The unit
member may be accompanied by another person of their choosing. When a
city directed work fitness/job performance medical evaluation process is
completed, the city agrees to give the city doctor a release to give the
information to the requesting employee.

2. No unit member shall have any adverse comments entered into their
departmental or divisional personnel file without the member being informed
by a supervisor. If the unit member requests, they may receive a copy of the
adverse comment.






3. A unit member may, at their discretion, attach rebuttal statements to any
material contained in their departmental or divisional personnel file which may
be adverse in nature.

4. Discipline older than 5 years from the date of issuance will not be considered
for progressive discipline or promotion/transfer purposes except for the
following types of discipline, which may be considered for the duration of
employment (and upon the employee's return to employment, if applicable):

Final sustained discipline of suspension or higher of the following;

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees;
• The employee has solicited or taken for personal use a fee, gift or favor in
the course of the assigned work or in connection with it, which would lead
toward favoritism or the appearance of favoritism or a conflict of interest;
• The employee has intentionally falsified records or documents made, kept,
or maintained for or on behalf of the City of Phoenix;
• The employee has stolen or is in unauthorized possession of City property
or the property of another employee or citizen;
• The employee is under the influence of alcohol or illegal drugs on the job;
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies;
• The employee committed a violation of the City's Ethics Policy;
• The employee committed an act of dishonesty;
• The employee committed an act meeting the elements of a felony; or
• The employee has committed a Class 3 violation of use of force.

5. A Supervisory Counseling is a documented warning presented to the
employee for signature. The effective date for any applicable appeal will start
from the date that the employee signs the Counseling.

6. Once a unit member has been disciplined, no further disciplinary action may
be imposed for the same specific allegation during the same incident of
misconduct. If a unit member has received a coaching for the same incident,
it may be considered as a mitigating factor in the final determination of
discipline. A unit member may be subjected to additional discipline if further
investigation reveals additional allegations arising from the same incident.

7. If the findings of a Departmental investigation result in a Class II or below
level of discipline, the Department will meet with the affected unit member, an
Association representative and the investigative command staff to
determine if the needs of the City and Department would be better served by
the affected member undergoing training in lieu of discipline, when
appropriate. The discipline would still be considered for purposes of transfers
and progressive discipline.

F. A unit member and Association Representative shall have the right to appear
before the departmental Disciplinary Review Board when disciplinary matters are
brought before the Board involving the unit member.
1. The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against them.

2. The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date,






time, violation(s) and basis of each violation that has been sustained. In addition,
the unit member, if they choose, may meet with their immediate supervisor along
with the second level supervisor or the unit member’s Bureau/Precinct
Commander for the purpose of discussing the basis of each violation to be
reviewed by the DRB. If the immediate supervisor conducted the investigation,
the unit member, if they choose, may meet with the next supervisor in their chain
of command. Such request shall be made in writing to the unit member’s
immediate supervisor. Also, the unit member, if they choose, may be
accompanied by an Association representative at either meeting.

a. At the IRP meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation. Realizing that in some
cases there may be information that would be detrimental to the
department’s ability to conduct misconduct investigations, that information
may be deleted. However, all other information will be available for review.

3. The unit member under investigation may request a copy of the DRB
information at no cost. The DRB information will be made available to the unit
member or their representative at the same time the unit member is served
with the DRB notice. Any written or electronic material to be presented by the
employee or their representative to the DRB shall also be given to the
department in a reasonable time. The information will be supplied
electronically if possible; if not, it will be supplied in written form. In addition,
the department will supply any audio/video tapes and computer graphics
which have been produced.

4. The unit member may, at their discretion, appear before the Board with an
Association representative of their choosing and may state the reasons why
the proposed action is unjustified. The unit member and their representative
may passively observe all presentations made to the board and all responses
made to questions by board members. The unit member and non-board
members will be excluded from the room during board deliberations.

5. The unit member may submit relevant written matter in support of their position.

6. If the unit member requests, representation will be allowed, consistent with
Article 1, Section 1-4(B)(1) of this Memorandum, during Use Of Force Board
(UFB) hearings. A unit Association representative will be allowed to observe
all presentations made to the Board and all responses to questions by Board
members.

a. At least 10 days prior to the convening of the UFB the unit member will be
provided at no cost with a copy of all documentation concerning their
involvement in the matter under investigation that is made available to the
UFB Board members.

b. At the conclusion of the UFB, the Board Chair will verbally advise the unit
member and representative of policies violated that support the


recommendation. The unit member and representative will also be
provided a copy of the UFB recommendation submitted to the Chief within
3 business days.

c. The Association has the right to meet with the Police Chief, or designee,
within 7 business days of the board’s decision, as scheduled by the Police
Chief’s office, to discuss an “out of policy” recommendation by the UFB
before a final decision is rendered.

7. A unit member will be provided written notice of a Loudermill hearing at least
5 working days before the scheduled hearing along with copies of all
supporting documentation. This is to ensure the member will have a
meaningful opportunity to prepare for the hearing. The unit member may
submit written information for the Chief’s consideration in advance of the
hearing. At the hearing, the unit member may present any information the
member deems relevant, including one character witness to provide a
statement. The witness will not read written statements submitted by others.

a. The timeline for written notice of a Loudermill hearing resulting from an
arrest for a felony crime under color of authority will be at the discretion of
the Police Chief.

8. In recognition of the mutual benefit to both the city and the unit member,
suspensions MAY BE served under the following time limits, at the unit
member’s option. Unit members may serve suspensions of more than 40
hours on an alternating weekly schedule. The city retains the option to deviate
from this provision for suspensions involving sexual harassment, violence in
the work place, felonies, and drugs/alcohol.

G. A unit member under investigation by Professional Standards Bureau 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
interrogated, or requested to produce any documentation, shall be given a written
Notice Of Investigation (Form 80-58DB) informing them of the specific nature of
the investigation, their status in the investigation, and all known allegations of
misconduct involved in the interview of the unit member. In addition, the unit
member and/or the Police Department supervisor/Professional Standard Bureau
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the
transcription if it is accurate. In the event that the investigator intends to segment
the interview or the interrogation, the NOI will inform the member of the specific
nature and all known allegations pertaining to the portion or portions of the
investigation being covered by the segmented Notice of Investigation.




1. A copy of the signed and dated Notice of Investigation will be given to the unit
member prior to the beginning of the interview. The unit member shall have the
right to retain the NOI for their use throughout the entire course of the interview.

2. The unit member will be provided a copy of all the interview/interrogation in
digital media format.

3. If any unit member 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. In addition, if an accused unit member is told
not to speak to anyone regarding an investigation, this admonition does not
apply to speaking with an Association representative, who may discuss the
matter only with the grievance chairman/Association president or their
designated representative. Once the investigation is completed, any unit
member may speak with an Association representative regarding the incident.
When the investigation is completed, the accused unit member will be notified
in writing of the findings. A unit member under internal or administrative
investigation may be reassigned (may include reassignment to their home),
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 unit member
being interviewed, an NOI will be issued to the unit member prior to the unit
member being questioned about the additional misconduct information.

5. Investigations alleging serious misconduct and/or issues of veracity will be
investigated by Professional Standards Bureau (PSB) or other appropriate
City entity.

6. Notification regarding the general nature of a Professional Standards Bureau
(PSB) interview at the time of scheduling will be left at the discretion of the
PSB Commander.

7. If any additional NOI’s are served during the course of a misconduct interview
where a PLEA representative is not present (has not been requested), a
break in the interview of up to 1 hour will be granted (if requested) for the
employee to obtain a PLEA representative.

8. The unit member or the unit member’s representative may make a request to
the Chief, or their designee, in unusual circumstances such as a unit
member’s extended duty or hospitalization, to delay the PSB interview for up
to 24 hours after a critical incident.

9. A unit member will not be terminated for the sole reason of having been
served with an order of protection or injunction against harassment unless
that court order precludes the officer from performing their essential functions,
including but not limited to carrying a firearm; until appeal processes have
been exhausted.


H. 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 unit member’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 unit member’s regular work shift in
pursuit of benefits provided by this Article.

I. The affected employee attending any IRP, DRB, UFB, DAC, Grievance meeting,
Civil Service Appeal, or any other review board while off duty shall be allowed to
adjust their work schedule by an equal amount of time spent in the meeting. The
adjustment will require the approval of the unit member’s supervisor, with
operational considerations. Approval will not be unreasonably withheld.

J. After a separation notice has been signed by the appropriate authorities, and if
the unit member is given the opportunity to resign, the unit member will have 3
hours to consult with an Association representative.

K. A unit member who receives a written reprimand will be provided a copy of the
official documentation, if any, supporting the written reprimand at the time the
unit member receives the reprimand.

L. If the Driving Analysis Committee sends a case to the DRB for review, the unit
member will receive a copy of the facts supporting the DAC position upon
request. Prior to the DAC review, unless the unit member declines, an IRP will be
completed with the unit member’s commander.

M. In accordance with the terms outlined in Section 1-4.E.4, a unit member seeking
an "at request" transfer will only have discipline of a relevant nature considered in
the determination of the transfer using the following prescribed time frames. The
class will be determined by the finalized PSB investigation.

Written Reprimands: 12 months
from date of NOI
Class I Discipline: 12 months
from date of NOI
Class II Discipline: 18 months
from date of NOI
Class III Discipline: 24 months
from date of NOI

N. If an employee is not given their performance evaluation by the annual review
date, the employee may request the merit increase in writing by sending a
memorandum directly to the Human Resources Officer in the Fiscal Management
Bureau. If the performance evaluation is an overall “met,” the request will be
processed within 21 calendar days of submittal and will be retroactive to the
performance evaluation annual review date.

O. Unit members will not be excluded from applying and/or competing in a transfer
process based solely on a pending investigation. The investigation is no longer
considered “pending” once the NOF has been served to the member. However,
the transfer process will not be delayed pending the conclusion of the related
investigation. If a unit member is passed over for transfer based on the pending
investigation, he/she may be eligible for the next available opening depending
upon the outcome of the investigation.

P. An association member, or the association at the request of the member, may
request the opportunity to discuss a good-of-the-department transfer decision
with the member's Division Commander. The Division Commander will make
him/herself available, but the transfer action will not be delayed based on this
provision. This provision does not apply to transfers made to adjust staffing
levels, reduce staff in a specific area or other similar operational need.

Q. A unit member or their representative may request the opportunity to discuss and
review a transfer that is the subject of a grievance with the Chief or their
designee. The Chief or their designee shall make themselves available to
discuss, but the transfer action will not be delayed based on this provision. The
transfer action could be delayed or reversed at the discretion of the Chief or their
designee. (This paragraph does not apply to at-request transfers or transfers
based on a selection process).

R. If the City overpays a unit member for any reason, the money will be recovered
at the same rate at which it was paid unless total amount is less than $250.00, at
which the entire amount may be recovered in one lump sum.

S. Progressive Discipline time periods will be based on date of the NOI. Only
discipline resulting from a sustained finding of a like or similar allegation will
be considered for progressive discipline purposes.

Section 1-5: Prohibition of Strike and Lockouts

A. The Association and the unit members covered by this Memorandum recognize and
agree that rendering of police 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 Phoenix.

B. The Association pledges to maintain unimpaired municipal services as directed
by the City. Neither the Association, nor any unit member, 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 any lockout of unit members covered by this Memorandum.

C. Should any unit member during the term of this Memorandum, and until such
time that it is expressly and legally rescinded, breach the obligations of Section
1-5B, the City Manager or his designee shall immediately notify the Association
that a prohibited action is in progress.

D. The Association shall forthwith, through its executive officers 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 unit members
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
unit members 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 unit member 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 Chapter 2, Article XVII
(Employer-Employee Relations), Phoenix City Code, 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

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. Informal Resolution

1. As a matter of good labor-management relations, unit members who believe
that they have a bona fide grievance will discuss and attempt to resolve it with
the appropriate lowest level of supervision.

2. If the above informal discussion is held and does not resolve the grievance,
the unit member may file a formal grievance in accordance with the following
procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit member, submitted as herein
specified, claiming violation(s) regarding the specific express terms of this
Memorandum for which there is no other specific and formal method of review.
However, disputes specifically excluded in other Articles of this Agreement from
the Grievance and Arbitration procedure shall not be construed as within the
definition set forth above and shall not be handled in accordance with this
procedure. It is agreed that such excluded disputes are not grievable or arbitrable
under the terms of this Article or under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.

4. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.

C. Procedure

All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of
this Memorandum alleged to have been violated.

1. Step 1

The unit member shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the
Commander/Administrator, or designee, within 14 calendar days of the initial
commencement of the occurrence being grieved.

The Commander/Administrator, or designee, may investigate, further
consider, and discuss the grievance with the grievant and the grievant's
representative, if any, as deemed appropriate, and shall, within 14 calendar
days of having received the written grievance, submit a response thereto in
writing to the grievant. The parties by written mutual agreement may move
the grievance to Step 2 of the grievance procedure.

2. Step 2

If the written response of the Step 1 does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing
the City form and presenting it to the division head, or designee within 14
calendar days of the grievant's receipt of the Step 1 response.

The division head, or designee, may further consider and discuss the
grievance with the grievant and the grievant's representative, if any, as
deemed appropriate, and shall, within 14 calendar days of having received
the written grievance, submit a response thereto in writing to the grievant. The
parties by written agreement may move the grievance to Step 3 of the
grievance procedure.

3. Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee,
the parties involved may mutually agree to submit the grievance to Labor
Relations. The grievance, as originally written and Step 1 and Step 2
responses, must be submitted to Labor Relations within 14 calendar days of
receipt of the Step 2 response. Labor Relations shall, within 14 calendar days
of the receipt of the grievance, meet with the department head, or designee,
and the grievant and the grievant's representative, if any, in an attempt to
resolve the grievance. Labor Relations shall then submit a written response to
all parties within 14 calendar days of the meeting.

4. Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
a resolution of the grievance, the grievant may, within 14 calendar days of
the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. A Grievance Committee
hearing will be scheduled at which the grievant shall be afforded the
opportunity to fully present his position and to be represented.

The Grievance Committee shall be composed of:

Chairman – A member of the City Manager’s Office designated by the
City Manager.
Member – A City department head on a rotating schedule.
Member – The President of another union, other than the Grievant’s,
representing employees with the City of Phoenix.

The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant
and his designated representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or
their designated representatives, shall agree on an arbitrator, and if they
are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to
them a list of 7 arbitrators who have had experience in the public sector.
The parties shall, within 7 calendar days of the receipt of said list, select
the arbitrator by alternately striking names from said list until one name
remains. Such person shall then become the arbitrator. The arbitrator 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 arbitrator shall be bound by the language of this Memorandum
and departmental rules and regulations consistent therewith in
considering any issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.

iv. The cost of the arbitrator and any other mutually incurred costs shall
be borne equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.

D. Time Limits

Failure of City Management representatives to comply with time limits specified
in Paragraph C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute
abandonment of the grievance; except however, that the parties may extend time
limits by mutual written agreement in advance of the deadline.

E. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City
of the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance




When more than one unit member claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may
be filed in the name of all such members. Such group grievances shall be filed at
the Step of this Procedure which provides the lowest level of common
supervision having authority over all named Grievants. Each unit member that is
a party Grievant must be named in such group grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the
failure to act as required under the terms of this Memorandum, employer
grievances will be presented directly to the Union president or any officer of the
Union within 14 days of the occurrence prompting the grievance. The president,
or designee, shall in each case provide a written answer within 14 days from
receipt of the grievance. Unresolved employer grievances may be submitted to
arbitration pursuant to Step 3 so long as the City pays the cost of the arbitrator.


Section 2-2: Labor-Management Committee

A. There shall be a Labor-Management Committee consisting of up to 6
representatives of the Association and up to 6 representatives of the Department
and City. The purpose of the Committee is to facilitate improved Labor-
Management relationships by providing an informal forum for the free exchange
of views and discussions of mutual concerns and problems as distinguished from
meeting and conferring.

B. The Committee shall meet as needed by union request, quarterly at mutually
scheduled times. Parties may mutually agree to meet more frequently.

C. Representatives of the Association on the Committee who are unit members
shall not lose pay or benefits for meetings mutually scheduled during their duty
time up to a maximum of 3 hours per unit member per meeting.

D. It is understood by the parties that the benefits granted by this Section shall not
be interpreted or applied as requiring the employer to count as time worked, any
hours or fractions of hours spent outside the unit member’s work shift in pursuit
of benefits provided by this Section. The employer shall count as time worked
any hours or fractions of hours spent within the unit member’s regular work shift
in pursuit of benefits provided by this Article.

E. For a unit member whose regular shift is other than Shift 1, there will be flexibility
in changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of City management or
the Police Chief or designee.




Section 2-3: Resolving General Complaints

In the spirit of continually developing good labor-management relations all parties
are encouraged to address general complaints at the lowest level of management in
attempt to seek resolution before escalating issues up the chain of command.



ARTICLE 3: Compensation/Wages

Section 3-1: Wages

A. Unit 4 employees will receive a non-continuous payment equal to the
economic value of 2.5% of their base wage to be paid out on the first full
pay period in August of 2024.

A. The Association and its members reserve the right to discuss base wage
issues upon the disclosure of City revenues and forecasts for the terms of
this Memorandum of Understanding during the designated negotiation
period.

B. Limited Reopener for FY 2025-2026: If the city projects and revenues will
exceed $1,750,000,000 for the Fiscal Year 2025-2026 in the forecast that is
presented to the City Council in February 2025, the parties may reopen
Section 3-1 of this agreement for the sole and limited purpose of Meeting
and Conferring, In February 2025, over base wage increases, if any. Unless
held invalid by operations of law and or by final judgment of any tribunal of
competent jurisdiction, all other terms and conditions of this MOU shall
remain in full force and effect during any such reopener and throughout the
duration of this MOU.

B: Steps 1-4 of the current pay scale are eliminated, making the current step 5 the
new step 1 and proceeding. The new pay structure will be a 5-step
process to top step, with pay increments advancing for all Unit 4 employees
effective the first day of the 2026 fiscal year following the implementation of
section A (above).

C. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Pilot in Command, shall be placed at step
one of Police Officer*Pilot, Job Code 62211, in the pay schedule outlined in
Attachment C.

D. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Rescue Qualified Pilot or PC12 Qualified
Pilot, shall be placed at step one for Police Officer*Rescue Pilot, Job Code
62212, in the pay schedule outlined in Attachment C.

E. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Unit Certified Flight Instructor, shall be
placed at step one of Police Officer*Flight Instr, Job Code 62213, in the pay
schedule outlined in Attachment C.

F. A unit member assigned to the Air Support Unit, and who has achieved and
maintained the qualification level of Chief Pilot, shall be placed at step one of Police
Officer*Chief Pilot, Job Code 62214, in the pay schedule outlined in Attachment C.







G. Unit members assigned to one of the four described Air Support assignments
may only qualify for and receive pay for one pay step at a time. Example: A unit
member qualified as a Unit Certified Flight Instructor and receiving pay at pay
step one of Job Code 62213 shall not receive the premium pay for any other pay
step the unit member may also qualify for.

H. Unit members designated as Team Leaders on SAU squads will receive an
additional 5% base hourly rate of pay while assigned to this position.

I. It is understood that for implementation purposes, the practice of rounding of
fractional cents shall be done in accordance with accepted mathematical and
accounting principles.

J. When a conflict arises between the Pay Schedule attached hereto as
Appendices and the Pay Ordinance due to mathematical, typographical, or
printing error, the Pay Ordinance shall be the controlling authority.

K. It is the intent of the parties to permanently move the effective date of any wage
increase to the start of the first pay period in July.

L. Lateral Pay:

A Lateral Police Officer will be placed into the pay step one below where a
their previous agency has 250 or more allocated sworn positions. (I.E. 5
year lateral officer would be placed in step 4.)

A Lateral Police Officer will be placed into the pay step two below where a
their previous agency has less than 250 allocated sworn positions. (I.E. 5
year lateral officer would be placed in step 3.)

M. At least once during the MOU term, the city will conduct a market analysis of law
enforcement agencies located in Maricopa County, including the Department of
Public Safety and the Maricopa County Sheriff’s Office, which will itemize and
compare total compensation, salary, and other benefits. This study will be
provided to the Association at no cost.

Section 3-2: Productivity Enhancement Pay

In recognition of dedicated public service and overall performance, the City agrees to
implement the following Productivity Enhancement Pay formula for unit members:

A. Pay Benefit:

1. In December 20242025, June 20252026, December 20252026, and June
20262027, a unit employee who has completed at least 7 years of continuous
full-time service and who meets the additional qualifications specified in this
Article shall receive $80, pro-rated and included each pay period in the
qualifying unit member’s regular pay check, for each full year of continuous
full-time service in excess of 6 years, up to a semi-annual maximum of
$1,040, annual maximum of $2,080 at 20 years. 181
2. In December 20242025, June 20252026, December 20252026, and June
20262027, a unit employee at 20 years and one day of continuous full-time
service shall receive $125, pro-rated and included each pay period in the
qualifying unit member’s regular pay check, for each full year of continuous
service in excess of 6 years, up to a semi-annual maximum of $2,000, annual
maximum of $4,000 at 22 years or more.

B. Qualifications:

1. A unit member must have completed at least 1 year of continuous full-time
service at the top step in his classification. Employees in step 8 as of July 8,
2002 will receive Productivity Enhancement Pay when they reach one year at
step 8 and maintain their Productivity Enhancement Pay eligibility when they
move to step 9. Employees in step 7 or below as of July 8, 2002 will be required
to complete one year at step 9 to be eligible for Productivity Enhancement Pay.

2. A unit member must have completed 7 years of continuous full-time service.
A unit member who has continuous, full time City service in another
classification(s) may apply that time to the 7 year requirement.

3. A unit member must have achieved the overall performance rating of meets
standards or better on his latest scheduled performance evaluation on file in
the Human Resources Department.

4. A unit member who receives a less than meets standards rating may appeal
that rating by memo through his chain of command to the Police Chief. A unit
member’s eligibility shall be reinstated once the unit member receives a
scheduled or unscheduled performance rating that meets standards.

5. A unit member must be on full-time active status. A unit member on industrial
leave shall qualify for this payment for only the first year of the industrial
leave. However, the entire period of industrial leave shall qualify as
continuous service when the unit member returns to active employment.

C. Terms of Payment:

1. The City will make adjustments to an employee’s Productivity Enhancement
payment within 30 days of the qualifying date.


Section 3-3: Training Pay

A. Field Training Officers (FTOs) whom the department selects to conduct
department-approved officer field training; will receive an additional 5% of their
base hourly rate of pay for every day they are assigned to an officially authorized
field training position.




28 182
B. Field Training Officers who train in place or unit member assigned to train an
O.I.T. in traffic/DUI enforcement will receive 5% base hourly rate of pay for every
day the unit member actually trains.

C. Unit members assigned to the Canine Unit, who have achieved and maintain the
qualifications for the position of Canine Unit Trainer, will receive an additional 5%
of their base hourly rate of pay for every day they are assigned to an officially
authorized Canine Unit Trainer Position. The following is a list of requirements to
receive payment as a Canine Unit Trainer:

1. The unit member must be, or be designated by the Department to become,
certified by an outside association to train police service dogs. The
certifications include patrol, narcotics detection and/or explosive detection.

2. Training being provided must include basic level training for canines and
handlers assigned to the unit. This section is not meant to include a canine
handler training only his or her assigned canine; it is meant for those who
provide basic and in service training to other canine teams in the unit.

3. An officially authorized Canine Unit Trainer Position must include responsibility
for proper written evaluation of each canine and handler being trained.

D. Detectives selected by the department selects to conduct department-approved
new Detective or civilian investigator training will receive an additional 5% of their
base rate of pay for every day they perform such training.

E. Officers selected by the department to mentor and evaluate newly assigned
special assignments bureau members will receive an additional 5% of their base
rate of pay for every day the new member is under their mentorship.

Section 3-4: Compensation for Interpreting and Translation by Sworn Police
Officers

A. Purpose

1. This regulation is written to provide guidelines for adjusting the compensation
of sworn police officers who are authorized and required by a sworn police
supervisor to utilize a language other than English, including sign language,
to conduct an official Police Department function or activity.

2. This compensation shall be for police-related functions or activities in which
the unit member is called upon to interpret in addition to their normal assigned
duties.

B. Payment Authorization

Compensation provided for by this regulation shall be given only when approved
by a sworn police supervisor prior to the actual interpretation or translation.

C. Performance Activities Approved for Special Compensation
1. Verbal interpretation, in excess of 7 consecutive minutes per occurrence,
while conducting any assigned formal police function or activity.

2. Written translation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.

3. Signing interpretation and translation, in excess of 7 consecutive minutes per
occurrence, while conducting any assigned formal police function or activity.

D. Compensation

A unit member who meets linguistic skills qualifications, as determined by a
management review panel, or in the case of sign language determined by
presenting certification recognized by the Arizona Commission for the Deaf and
Hard of Hearing (ACDHH), shall be paid a premium of $10 15.00 per hour
calculated to the nearest 1/4 hour, in addition to his base hourly rate, for each
hour he is engaged in assigned and authorized interpretation, translation, or
signing activities.

Consistent with Section 5-10, 3 of this Memorandum and A.R. 2.51, employees
are eligible to use the seminar and professional membership portion of their
reimbursement benefit for the ACDHH certification.

E. Supervisory Authorization

Authorization must be provided by a sworn police supervisor in each case.
Written notification which includes a listing of the specific time periods for which
the premium payment is sought along with signatures of the unit member and the
appropriate supervisor should be forwarded to the Police Department’s Fiscal
Management Bureau before the end of the pay period in which the additional
duty occurred.


Section 3-5: Overtime

A. Overtime is defined as time assigned and worked beyond the regularly
scheduled 40 hour work week or 8 hour work shift, or 10 hour work shift if a 4 day
work week is implemented. Duly authorized paid leave shall be considered as
time worked for purposes of the regularly scheduled work week. This provision
shall not apply to unpaid leave.

B. Overtime shall be worked and shall be allowed if assigned by the Police Chief or
his designees.

C. Overtime work will be compensated in either cash or compensation time at 1-1/2
times the regular rate of pay after the first 7 minutes assigned and worked
beyond the end of the unit member’s regularly scheduled shift, calculated to the
nearest 1/4 hour.


D. A unit member may, subject to approval of his non-unit supervisor based on
considerations of departmental scheduling and operations factors, request to use
overtime as compensatory time subject to the limitation of 300 hours on the
accumulation of compensatory time. Use of compensatory time shall be subject
to advance approval of the non-unit supervisor. If a unit member submits
overtime requests that are in excess of 300 hours, he will be paid the difference.

E. Unit members may contribute accrued compensatory time to other employees in
accordance with City policy governing contributions of leave for serious illness of
an employee or their immediate family member.

F. A unit member may be paid for accumulated compensatory time by submitting a
memorandum to the Fiscal Bureau requesting payment for any portion of the
compensatory time. This may be done at any time upon the unit member’s
request, and such payment will be made in the pay period following receipt of the
memorandum by the Fiscal Bureau.

G. At the direction of the immediate supervisor in each case, a unit member shall be
entitled to overtime in accordance with Article 3, Section 3-6 hereof, while he is
being evaluated by the authorized and designated City physician for return to
work at times he is not scheduled to be on duty nor is on paid leave or disability
benefit status, based on actual check-in and check-out time recorded by Health
Center staff. This time shall not qualify for the guaranteed minimum overtime
provision contained in Section 3-8, but shall be compensated at a minimum of 1
hour at 1-1/2. No unit member shall be compensated for other than the
supervisor directed evaluation(s) by the City physician for return to work.

H. After 4 consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of 1/2 hour, but in no event shall a unit member be entitled to more
than one such meal break for every 8 consecutive hours of overtime.

For a unit member participating in the 4/10 schedule, this provision shall mean
that before a unit member is entitled to a second 1/2 hour paid meal break, he
shall have worked on an overtime basis for a minimum of 4 hours beyond the
end of his regularly scheduled 10 hour work shift.

I. If work demands preclude a unit member from taking a meal period, the unit
member will be paid an additional 30 minutes at the straight time rate. This
benefit shall apply only if the interruption occurs during the first 30 minutes of the
meal period.

J. When a unit member is off duty and is contacted by telephone by his supervisor
because of the unit member’s official duties, for purposes other than call-out, or a
supervisor approves of the making or receiving of the call, the unit member will be
paid a minimum of 15 minutes at time and one-half his regular rate of pay when any
combination of calls equals 7 minutes or more. If the call extends past this



minimum, the overtime will be calculated to the nearest 1/4 hour. He will not receive
overtime for additional duty-related calls received during this compensation period.

K. A unit member on industrial leave and assigned to his home will be considered to
have the same duty hours and N-days, up to a 7 calendar day period, as the
squad he was on when the injury/illness occurred. After the 7 days, he may be
reassigned to new duty hours and/or N-days.

L. A unit member who scheduled a leave day 30 calendar days in advance through
his immediate non-unit supervisor in accordance with departmental policy and
who subsequently is placed on court stand-by, or is required to appear in court
will, by his choice, receive overtime pay in accordance with this Section and
Section 3-7 and/or Section 3-8, in addition to the leave day.

M. A unit member who scheduled a leave day but failed to do so within 30 calendar
days in advance, and who is placed on stand-by or called to court, will receive
overtime pay in accordance with this Article and Section 3-7. However, the
number of leave hours taken will be reduced by the number of overtime hours
paid. Court stand-by hours do not apply to this provision.


Section 3-6: Court Time Overtime

A. When court time constitutes overtime, a unit member shall be entitled to overtime
compensation/minimum call-out pay consistent with Section 3-8 of this
Memorandum.

1. Court time overtime shall be continuous time compensated consistent with
Section 3-6, subsection C.

2. No cost parking will be provided for unit members who are called to testify or
appear at any City of Phoenix Municipal Court facility for any official police
department business, whether on or off-duty.

3. If performed virtual, the unit employee must report to a Phoenix Police facility
to be eligible for Court Time Overtime. If performed at a location of the unit
employee’s discretion, other than a work location, the unit member will be
paid a minimum of 15 minutes at time and one-half his regular rate of pay
when any combination of calls equals 7 minutes or more. If the call extends
past this minimum, the overtime will be calculated to the nearest 1/4 hour.
The unit employee will not receive overtime for additional duty-related calls
received during this compensation period.

B. 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 Phoenix, State
of Arizona; 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 MOU, Civil Service Board hearings, PERB hearings, and hearings
pursuant to the A.R. 2.61 grievance procedure.

C. After a unit member verifies his need to appear in court to testify concerning the
performance of his official duties at a time other than his regularly scheduled tour
of duty, and he is notified less than 12 hours in advance of the scheduled
appearance time that he need not appear, the unit member will receive 2 hours
of pay at 1-1/2 times his base hourly rate of pay.


Section 3-7: Call-Out Pay

A. A unit member called back because of his own negligence, whether in the proper
care and use of City equipment, or for his failure to complete official reports prior
to securing for the day, shall be paid for such call- back consistent with Section
3-6, subsection C, provided, however, the unit member shall not be eligible for
the 3 hour guaranteed minimum pursuant to this Article. If a claim of negligence
is disputed, it may become subject to the grievance procedure herein.

B. Anytime that a unit member is called back after leaving City facilities at a time
other than his regularly assigned shift, the unit member will receive a minimum of
3 hours pay at time and one-half the unit member’s base pay calculated to the
nearest 1/4 hour, except that a unit member shall not be eligible for additional
compensation during that three hour period.

Compensation to a unit member who is called out at times other than his regularly
scheduled shift will begin at the time the unit member is notified. The compensation
will continue up to 30 minutes beyond the completion of the duties for which the unit
member was called out, or until the member returns to his residence, whichever is
first. Where applicable, the travel time shall be paid only if the total work and allowed
travel time exceed the minimum call out guarantee. Travel time shall not apply when
a unit member is working overtime planned in advance.

C. A unit member beginning an overtime period within 3 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
unit member shall not be eligible for additional compensation during that period.

D. Holdover time, i.e., being held over on shift (no break in duty exceeding 15
minutes) will be compensated for actual time spent in accordance with Section 3-
6, subsection C.


Section 3-8: Out-of-Rank Pay




A. A unit member who is temporarily required to serve in a regular authorized
position in a supervisory classification, (e.g., sergeant), shall be compensated at
the higher rate of pay in accordance with the following:

B. To be eligible for the additional compensation, the unit member must first
accumulate 10 regular working shifts of assignment in the higher rank within any
12 month period; satisfactory performance during a previous appointment to the
higher rank will be credited to the qualifying period. The days of out-of-rank
assignment need not necessarily be consecutive. Once this qualification is
satisfied, no additional re-qualification will be required. All shifts worked beyond
the 10th shift in the supervisory classification will be subject to the higher rate of
pay.

C. Temporary assignments out-of-rank shall be recorded only in full shift units. A
unit member working out-of-rank for less than 1 full shift will not be credited with
working out-of-rank service time.

D. To qualify for out-of-rank pay, a unit member must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-rank
pay is not authorized, for example, if the organization of a work unit is such that
each unit member carries on his normal duties during the temporary absence of
a supervisor, without a need for the direction which the supervisor would provide
on a longer term basis.

E. Time worked in a higher rank shall not earn credits toward the completion of
probationary requirements in the higher rank.

F. A unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher rank for all shifts worked beyond the
10th shift served in the higher rank. In the event of overlapping salary ranges, a
one-step differential shall be paid for out-of-rank assignments. The higher rate of
pay shall be used in computing overtime when authorized overtime is served in
out-of-rank work assignments; the overtime rate shall be the rate established by
the overtime regulations that apply to the higher rank.


Section 3-9: Sick Leave Conversion at Retirement

Effective at the beginning of the first pay period in July, 1992, the following benefits shall
apply:

A. Definitions:

1. Qualifying hours - the minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are
necessary before a unit member can participate in the benefit program.




2. Base number of hours or base hours - the number of hours of accrued and
unused sick leave credits which are uncompensated under this Article and
above which the City will compensate the unit member.

3. Base hourly wage - the base hourly rate of pay being paid at the time of
retirement to the retiring unit member who qualifies for participation in this
benefit program.

B. Benefit and Eligibility:

1. A member that has between 1 – 899 hours of sick leave remaining in their
sick leave bank at the time of retirement, shall be eligible for payment of
100% their base wage for 50% of their hours accrued.

2. A member who has accumulated a minimum of 900 – 1,285 hours of unused
sick leave at the time of retirement, shall be eligible for payment of 100% their
base hourly rate for 65% of their remaining sick hours.

3. A member who has accumulated a minimum of 1,286 – 1,713 hours of
unused sick leave at the time of retirement, shall be eligible for payment of
100% their base wage for 80% of their remaining sick hours.

4. A member who has accumulated a minimum of 1,714 hours of unused sick
leave at the time of retirement, shall be eligible for payment of 100% their
base wage for 100% of their remaining sick hours.

5. A unit member who has accrued 1,286 hours or more of unused sick leave
may elect to have 150 hours of sick leave paid out at the member’s hourly
rate in one lump sum. A unit member may only elect to exercise this benefit 3
times in their career, and not more than 1 time in a fiscal year. Eligible
employees may elect to buy back their hours between July 1 and the last pay
period in January each fiscal year.

6. The payments described in numbers 1 through 5 above are not considered
Final Average Salary for purposes of pension calculations.

C. Administration:

1. At the time of retirement, the City’s Employee Benefits Division, or such other
individual or agency as the City may designate, shall determine the unit
member’s eligibility and the amount of unused sick leave to be compensated.

2. The unit member shall verify in writing the computations of the Employee
Benefits Division.

3. In the event a unit member’s eligibility for participation or the amount of
compensation is disputed, then the dispute shall be submitted to the City
Auditor for binding resolution.


Section 3-10: Sick Leave Payout

All accumulated sick leave hours on the city's official file at the time of the member's
death will be paid. Payment will be based upon the member's base hourly rate at the
time of death.


Section 3-11: Night Shift Differential/Weekend Shift Differential

A. A unit member shall receive $2.00 per hour in addition to his base hourly rate of
pay when working a night shift or any portions of a night shift which ends at or
after 10:00 PM.

B. A unit member shall receive night shift pay differential only for hours scheduled
and worked, and not while on paid leave time.

C. A unit member who is called out and works between the hours of 10:00 PM and
6:00 AM will be paid night shift differential for all hours worked at the rate
specified in this Article. If a unit member was called out while on a stand-by
status, he will not receive night shift differential.

D. A unit member shall receive $1.00 per hour in addition to his base hourly rate of
pay and any other shift differential or any other premium pay he may be receiving
for working a weekend shift. A designated weekend shift is defined as any shift
that starts on or after 2:00 PM on Friday, and continuing through any shift that
starts on or before, but not after 11:59 PM on Sunday.

1. A unit member shall receive weekend shift pay differential only for hours
scheduled and worked, and not while on paid leave.

2. A unit member who is called out and works between 2:00 PM on Friday and
11:59 PM on Sunday will be paid weekend shift differential for all hours
worked at the rate specified in this Article. If a unit member was called out
while on stand-by status, he will not receive weekend shift differential.


Section 3-12: Stand-By Pay

A. When a unit member is required and assigned to be available for immediate
emergency call-out at times that they are not otherwise on duty and the unit
member complies with departmental regulations incident thereto, the unit
member shall be compensated as follows: $100.00 on the unit member’s non-
work day and $80.00 on a workday.

B. When management determines it is necessary to provide call-out service, stand-
by assignments will be maintained by any detail in the department.


Section 3-13: Court Time Standby Pay

A. When a unit member receives a subpoena or other notice requiring him to stand-
by to appear in court to testify concerning the performance of his official duties at
a time other than his regularly scheduled tour of duty, and he was not notified 12
hours or more in advance of the court appearance that he need not stand-by, he
shall be entitled to a minimum of 2 hours of pay at 1-1/2 times his base hourly
rate of pay for court dockets scheduled before 1200 hours, and an additional
minimum of 2 hours of pay at 1-1/2 times his base hourly rate of pay for court
dockets scheduled after 1200 hours, for each day the subject court proceeding is
in session and the Unit member is subject to call, providing the provisions of
subsection B hereof are satisfied. If a unit member is required to remain on
stand-by after 1200 hours, the unit member shall receive an additional 1 hour of
pay at 1-1/2 times his base hourly rate of pay.

If call-out occurs before the expiration of stand-by pay, then stand-by status shall
continue until the occurrence of either (a) the expiration of stand-by pay; or (b)
arrival at the duty location or participation in virtual appearance begin. Call-out
pay and stand-by pay shall not be permitted to overlap resulting in the
compounding of compensation.

B. If a unit member fails to exercise his responsibility to contact the appropriate
representative of the court or a party 16 hours or less before the time indicated
on the subpoena to determine the continued need for him to stand-by, he is not
eligible for any stand-by pay.

C. For the purpose of this Memorandum, subpoena refers to a subpoena duly
issued by a court or the Arizona Motor Vehicle Department.

D. 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 Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings; Mental Health Court;
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 MOU, Civil Service Board hearings, PERB hearings,
and hearings pursuant to the A.R. 2.61 grievance procedure.


Section 3-14: Off-Duty Employment

A. The Department agrees to maintain a list of unit members who are interested in
off-duty work for use in making job referrals, provided the unit member has
received prior approval to engage in off-duty employment from the immediate
supervisor.


B. Off-duty employment shall be governed by the rules and regulations of the
Phoenix Police Department. Should the Department contemplate any changes in
these rules and regulations during the term of this Memorandum, it shall meet
and consult with the Association on such changes in the Labor-Management
Committee prior to implementation.

C. The Police Chief agrees to eliminate the limitation of the number of off-duty work
hours permitted. However, the Department reserves the right to take appropriate
action in the event that a unit member’s wellness, welfare, or performance is
adversely affected.

D. A unit member who works off duty in a police function for a City-sponsored event
or project, and is paid through City payroll, will be compensated at time and one-
half his regular rate of pay for all time worked.

E. The Department agrees to maintain a list of all current off duty jobs, with officers
separated by rank, as well as the hourly salary and all billable hours for all off duty
employment that specifically calls for an officer to perform the duties it entails.


Section 3-15: Jury Duty

When a unit member is called upon to serve as a juror in any court action, he will be
allowed leave from his duties without loss of pay for the time required for his service.


Section 3-16: Deferred Compensation and Defined Contribution Plans

A. The City’s contribution to DCP will continue at 2.56 4.42%.

B. At the employee’s separation, for either retirement or exiting the Deferred
Retirement Options Program, the employee’s sick leave payout amounts will be
automatically contributed into the City’s 401(a) plan. Any excess amount over the
Internal Revenue Code 401(a) plan contribution maximum limits will be
automatically contributed into the City’s 457(b) plan. Any portion of the excess
amount that cannot be contributed to the 457(b) plan because of Internal
Revenue Code 457(b) plan contribution maximum limits will be paid as taxable
income. The 401(a) Plan document as approved by the Deferred Compensation
Board will be the governing document.


Section 3-17: Non-Direct Payment of Compensation or Benefits

Various sections of this Memorandum contain a form of compensation, wages, or benefits
that have been negotiated in good faith and may or may not provide a direct payment of
wages or other benefit to each member. Those forms of compensation, wages, or benefits
that do not provide a direct payment to each unit member have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.




38 192
Section 3-18: Drug Recognition Expert Premium Pay

Department qualified/certified Drug Recognition Experts (DRE) who are current in all
training and requirements set forth in police, and have completed all necessary training,
shall be paid a premium of $15.00 per hour, calculated to the nearest ¼ hour, in
addition to their base hourly rate, for each hour they are engaged in DRE activities.


Section 3-19: Phlebotomist Premium Pay

Department qualified/certified phlebotomists who are current in all training and
requirements set forth in police, and have completed all necessary training, shall be
paid a premium of $15.00 per hour, calculated to the nearest ¼ hour, in addition to their
base hourly rate, for each hour they are engaged in phlebotomy activities.

Section 3-20: CIT Pay

The Department shall pay a $15.00-per-hour premium, calculated to the nearest quarter
hour, to any Department-certified and current CIT-qualified employee for the hours the
employee actually performs CIT duties—whether or not assigned to a CIT squad—with
assignment alone not qualifying an employee for the premium.




ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Work Schedules

A. The regular duty hours for a unit member shall be 5 consecutive shifts of 8 hours
in a 7 calendar day work week. These 5 consecutive shifts will be preceded and
followed by 2 “N” days. If, by reason of transfer, a unit member’s “N” days are
changed, the provisions of this section pertaining to “N” days shall not apply. The
8 duty hours per shift shall be consecutive and may include any “briefing time”
and shall include a meal period of 30 minutes. When work demands permit, with
a supervisor’s approval, a unit member may combine this 30 minute meal period
with one of his 15 minute rest periods described under Subsection D of this
Article to achieve a 45 minute meal period. This shall also apply to a unit member
working a 4/10 schedule. At times, the department may have operational needs
which necessitate a change in current work schedules. The department shall give
a unit member a minimum 7 day advance written notice when his “N” days or
hours will be changed. If this (7 day written notice is not given, and there is no
operational need for not providing the notice, the “N” days or hours change will
be rescheduled to allow for a 7 day notice period.

B. If a 10 hour, 4 day work week is implemented; the regular duty hours for an affected
unit member shall be 4 consecutive shifts of 10 hours in a 7 calendar day work 193
week. These 4 consecutive shifts will be preceded and followed by 3 “N” days. If, by
reason of transfer, a unit member’s “N” days are changed, the provisions of this
Subsection pertaining to “N” days shall not apply. The 10 duty hours per shift shall
be consecutive and may include any “briefing time” and shall include a meal period
of 30 minutes. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will be
changed. If this 7 day written notice is not given, and there is no operational





need for not providing the notice, the “N” days or hours change will be
rescheduled to allow for a 7 day notice period.

C. All unit four members assigned to patrol squads with beat responsibility will only
work the work schedule defined in subsection B of this section (4/10’s) through
June 30, 2026.

A. The regular duty work hours for a unit member performing a patrol function with
precinct, squad area and/or beat responsibility will only be 4 consecutive 10-hour
shifts in a 7- calendar day work week, preceded and followed by 3 consecutive N
days. The 10 duty hours per shift will be consecutive and will include any “briefing
time” as well as a 40-minute meal period. When work demands permit, with a
supervisor’s approval, a unit member may combine this 40-minute meal period
with one of their 15-minute rest periods described under subsection D of this
Article to achieve a 55-minute period. If, by reason of transfer, a unit member’s N
days are changed, the provisions of this section pertaining to N days shall not
apply.

B. The regular duty hours for a unit member performing any other duties will be 5
consecutive 8-hour shifts in a 7-calendar day work week, preceded and followed
by 2 consecutive N days. The 8 hours per shift will be consecutive and will include
any “briefing time” as well as a 30-minute meal period. When work demands
permit, with a supervisor’s approval, a unit member may combine this 30-minute
meal period with one of their 15-minute rest periods described under subsection D
E of this Article to achieve a 45-minute period. If, by reason of transfer, a unit
member’s N days are changed, the provisions of this section pertaining to N days
shall not apply.




C. If a unit member’s normal duty hours are changed with less than 7 days’ notice,
then the unit member is entitled to premium pay.

If a unit member’s normal “N” days are changed, then the unit member is entitled
to premium pay.

"Premium Pay" is calculated as follows:

• For a unit member assigned to a 5/8’s schedule:
• A change in normal duty hours: 2 hours at their base hourly rate of pay.
• One “N” day change: 4 hours at their regular rate of pay.
• Two “N” days changed: 20 hours at their regular rate of pay.
• For a unit member assigned to a 4/10’s schedule:
• A change in normal duty hours: 2.5 hours at their base hourly rate of
pay.
• One “N” day change: 5 hours at their regular rate of pay.
• Two “N” days changed: 10 hours at their regular rate of pay.
• Three “N” days changed: 20 hours at their regular rate of pay.
If the period during which these hours and/or N days will be changed exceeds 7
calendar days, the rate of pay for the affected unit member will become 1 ½ times their
current hourly rate for the entirety of the period following that week for which the
change occurred.


Subject to the discretion of the Chief, or designee, official mobilization as defined
in Operations Order 9.1 TM 9-00-9 is exempt from this section, however such
official mobilizations are not to be ordered for patrol coverage or similar issues.

A unit member, who requests a change in work schedules, will not receive
premium pay since the request is not a department directed change.

This section does not apply to the 30 hour or more block of annual module training.

A unit member is not eligible to receive both premium pay and overtime for the
same hours.

D. When used in the context of this Article, “Operational Needs” will be defined as:
Service demand beyond routine patrol staffing, or other required actions performed
to accomplish the mission of the department. These actions may be routine
(anticipated) or emergency (unanticipated). For routine anticipated operational
actions, a seven-day written notice will be given to change schedules. For
emergency unanticipated operational actions, unit members will be provided with
as much advance notice and information as the situation will allow.

E. In addition to all duties as assigned by the Police Chief or his designees, work
hours shall continue to include two15-minute rest periods as work demands
allow.






F. There shall be a minimum of 15 hours off between shifts, 13 hours for a unit
member working a 4/10 schedule. If this is not possible, the unit member shall
receive overtime compensation at his regular rate of pay for each full hour
worked within the described 15 hour period, 13 hour period for a unit member
working a 4/10 schedule. A unit member assigned to a specialty bureau may sign
individual statements waiving the provisions of this section. Signed waivers shall
continue in effect per fiscal year.

This section does not apply to mandatory training conducted by the Advanced
Training Detail when a member is given 30 days written notice of the required
training. The intent is not for supervisors to work employees on a double shift.
Employees’ chain of command will ensure employee’s shift prior to training is
adjusted to afford 13/15 hours off before reporting to training.

G. A unit member will be permitted to take the meal period at a location within the
squad/team area, or if no suitable eating location is available, then with the
approval of the designated supervisor, at a location outside the squad/team area.
A meal period may be taken at a private residence, with supervisory approval,
provided such residence is within the unit member’s beat area.

H. A unit member may return to his work station 20 minutes before his scheduled
end of shift if work demands permit for the purpose of completing required
paperwork, notifying oncoming unit members of any beat conditions, and to notify
his supervisor of any unusual occurrences he encountered during his shift.

I. A unit member assigned to the Canine Detail shall be allowed 4 hours of paid
time per work week to care for his police dog at his residence. The City will
determine when and how the hours will be scheduled.

J. A unit member may waive the provision of section A and B of this section to
facilitate an alternative work schedule upon written agreement of both the
Association and the Department.

K. “On duty” training will be approved at the Division Chief level.


Section 4-2: Seniority

A. The City shall provide the Association with a list of unit members showing each
unit member’s City employment date and class employment date.

B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.

C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of work assignments, vacation schedules and in the
determination of layoffs.

Section 4-3: No cost parking
All unit members shall be provided with free parking at a City-owned or leased parking
facility when reporting to work at their primary duty assignment if there is not a free
parking facility available at their primary duty assignment.
ARTICLE 5: Benefits

Section 5-1: Health Insurance

A. The City and Association agree to maintain the current 80/20 split for health
insurance monthly contribution for the single and family coverage. If there is a
rate increase or decrease, the city will pay 80% of the new monthly contribution
and the employee will pay 20%.

B. If there is a substantive change in the City’s Health Insurance Plan design, the
Labor Relations Administrator will discuss such change with the Association.

C. In the event of the death of a unit member while on duty or while performing a
police function as determined by the City, the City will, at a minimum, continue
to pay the full monthly health insurance premium for the spouse or qualified
domestic partner (QDP) and all eligible dependents. Should the surviving
spouse remarry or enter into a new QDP, the benefits of this provision shall be
discontinued for the spouse. Benefits for remaining eligible dependents, e.g.
children, step children, or adopted children, will remain in effect as federal law
prescribes.

In the event of the death of a unit member while commuting to or from his work
location, for a period of two hours each way, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents.
The City will cover the payment of a supplementary commutation life insurance
policy for each unit member. The Association will pay the cost of this benefit, if
any, the first year of each new Memorandum period.

D. In the event Congress or the State of Arizona passes legislation which considers
the amount the City contributes to health or dental insurance as imputed income,
then the City will consider such contributions as income to the employee.


Section 5-2: Retiree Health Insurance

A. Upon retirement of a unit member, or bargaining unit member who retired on
August 1, 1992 or later, the City’s contribution to health care premiums will be
calculated without regard to age.

B. In no event will the combination of this contribution and the amount paid by the
PSPRS (Public Safety Personnel Retirement System) exceed the monthly
premium for the chosen health insurance benefit.

C. The City of Phoenix agrees to participate in the Post Employee Health Plan (PEHP)
for unit members in accordance with the terms and conditions of the Plan's

Participation Agreement, a copy of which is attached to this agreement. The
Employer agrees to contribute to the Plan on behalf of unit members:

Effective July 1, 2017, the Employer shall contribute for each unit member the
amount of $ 6.00 per pay period. If any contribution is an amount other than an
equal dollar amount per unit member, that contribution shall be deposited in the
unit member's Health Insurance Premium Reimbursement sub -account,
otherwise the Employer's equal dollar amount contribution per unit member shall
be deposited into the unit member's Universal Health Care Reimbursement sub-
account pursuant to the terms and conditions of the Plan.

D. By July 1, 2026, the City will establish a stand-alone trust with the sole
purpose of supplementing retiree health care for Officers. An Association member will
be on the board of any established trust created for this purpose. This trust will not be
included as a line item in the City budget, and the monies shall be for the exclusive
purpose of providing this benefit to retired officers eligible to participate in the trust’s
plan of benefits. No portion of the trust may be used or diverted for any other purpose.
This trust will be funded as follows:

In addition to any off-duty detail hour rate, a $5 per hour fee that will be
payable to a jointly established trust for the sole purpose of supplementing retiree health
care for Officers that were employed by the city on or after July 1, 2025. This fee will be
in addition to any administrative fee established by the City and/or any additional fees
due to a third-party contractor. This fee will be incurred regardless of whether the
officer employed is a City of Phoenix employee or not, and regardless of the rank of the
employed officer. The Association will have the right to audit the records of the off-duty
detail program to ensure accurate payment of the above fees.

The trust board shall determine the amount available for reimbursement for
benefits for each retiree, with the advice of an actuary or accountant, and shall
determine each retiree’s eligibility.



Section 5-3: Dental Insurance

A. The City shall pay the full premium costs for single coverage for employees
enrolled in the base HMO or PPO plan. and 75% of the premium costs for family
coverage for a City dental plan.

B. At a minimum, the plan shall include a PPO option that consists of 100%
payment of reasonable and customary charges covered for preventive and
preventive-related diagnostic services and 80% payment of reasonable and
customary covered charges for basic services and major services. At least
one plan shall include an orthodontia benefit providing for 80% payment of
reasonable and customary charges up to a maximum lifetime benefit of $4,000
per person. Dental plans may be subject to the deductibles and limitations
contained in the contract between the dental insurance carrier and the City of
Phoenix. Enrollment in prior City of Phoenix dental plans counts toward major
services time limit exclusions.

Section 5-4: Life Insurance
A. The City will continue the existing off-the-job and on-the-job life and
dismemberment insurance coverage, and will continue the face value of the
policy at $15,000. The City will continue the current policy for death in the line of
duty at $100,000.00.

B. Effective August 1, 2001, the City will increase the $35,000.00 line of duty life
and dismemberment insurance coverage to each unit member to $100,000.00.

C. Additionally, the City will provide to each unit member a $200,000 death benefit
covering the unit member’s commute to and from his city work location. The City
will cover the unit member’s commute for up to two hours before his shift begins
and two hours after his shift concludes. The Association will only pay the cost of
this benefit the first year of the MOU.








Section 5-5: Long-Term Disability Insurance

A. The City will offer a long-term disability benefit for all full-time, regular unit members
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall
not be in conflict with the MOU). Employees who have been continuously employed
and working on a full-time basis for twelve consecutive months are eligible for long-
term disability coverage. Applicants must apply for benefits they may be eligible to
receive. After an established 90 calendar day qualifying period, the plan will provide
up to 66-2/3% of the employee's basic monthly salary at the time disability occurs
and continue up to age 75 for employees who have been employed full-time for 36
months and one day. Employees who have been employed full-time with the City of
Phoenix for 36 months or less, will be eligible to receive a long term disability benefit
for no more than 30 months.

B. This benefit will be coordinated with sick leave, industrial insurance payments,
social security benefits, unemployment insurance and disability provisions of the
retirement plan.


Section 5-6: Holidays and Vacation Leave

A unit member shall be entitled to holiday benefits as set forth in Paragraph 2 of
Operations Order No. 3.6, including overtime compensation for hours assigned and
worked on a specified holiday in accordance with and subject to Article 3, Section 3-6,
Overtime.

A. The compensation of a unit member who actually works on a day designated as
a holiday shall include, in addition to his regular day’s pay, additional pay or
compensatory time for hours worked up to 8 excluding overtime pay.

B. A unit member who is not scheduled to work on a designated holiday will still be
compensated for 8 hours pay or compensatory time for each holiday.

C. Paid holidays shall include:

New Year’s Day
Martin Luther King, Jr's Birthday
President’s Day
Caesar Chavez Birthday
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Indigenous Peoples’ Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day


Two Personal Leave Days* & **

* After 6 months of continuous service.
** Personal leave will be a total of 20 hours for all unit members.

Subject to operational and scheduling factors, a unit member’s personal
leave days shall be taken each calendar year on any day of the unit
member’s choosing.

D. For a unit member participating in the 4/10 schedule, holiday pay shall be applied
as follows:

1. When a designated paid holiday falls on a unit member’s scheduled day off,
the unit member shall be paid 8 hours of holiday pay.

2. When a designated paid holiday falls on a unit member’s normally scheduled
work day and the unit member is directed to not work that day, the unit
member shall be paid for 8 hours of holiday pay. The additional 2 hours
necessary to receive 10 hours of pay will be deducted at the unit member’s
discretion as either non-paid time, accumulated vacation or compensatory
time. If a unit member has no accumulated vacation or compensatory time,
the unit member will receive only 8 hours of pay. waived at no penalty.
Alternatively, the unit member may work for 2 hours on the holiday, paid at
straight time, performing tasks at the direction of a supervisor. The
compensation of a unit member who actually works on a day designated as a
holiday shall include, in addition to his regular day’s pay, additional pay or
compensatory time for hours worked up to 8 hours, excluding overtime pay.

E. A unit member will continue to receive holiday pay while on industrial leave.

F. Holidays shall be observed on the calendar days on which they fall for unit
members directly involved in providing continuous 24-hour or seven-day service
operations.

G. The City agrees to maintain its present vacation selection procedure and, to
every extent practicable, allow a transferred unit member to maintain his previous
vacation schedule.

H. A unit member who works a schedule at full time 52 weeks of the year shall be
credited with vacation credits for every completed calendar month of paid service
according to the following schedule:

1. Through 5 years of service 8 hrs. per month
1. 6th tThrough 10th year of service 10 hrs. per month
2. 11th through 15th year of service 11 hrs. per month
3. 16th through 20th year of service 13 hrs. per month
4. 21st year of service and thereafter 15 hrs. per month



I. Unit members who have accrued 312 hours or more of vacation, may elect to
have 150 hours of vacation leave paid out at the member’s hourly rate in one
lump sum or converted into their comp bank. The member may only elect to
exercise this benefit 4 times in their career, and not more than 1 time in a fiscal
year. This payment is not considered Final Average Salary for purposes of
pension calculations. Eligible employees may elect to buy back their hours
between July 1 and the last pay period in January each fiscal year.

Additionally, 80 hours of vacation time can be accumulated above the maximum
vacation carryover into the last 3 years of service. These hours must be used as
paid time off prior to retirement.

J. Vacation accrual, carryover and compensation at separation is as follows:

MAX ACCRUAL THAT
CAN BE
MONTHLY ACCRUAL MAXIMUM CARRYOVER COMPENSATED AT
YEARS OF SERVICE RATE (HOURS) (HOURS) SEPARATION (HOURS)


0 – 5th 8 10 232 280

6th - 10th 10 280 340

11th - 15th 11 304 370

16th - 20th 13** 352 430

21st+ 15** 400 490

** In the last three years of service an additional 80 hours may be carried over
into a new calendar year.

K. For the purposes of determining monthly vacation Accrual rates for a unit
member who had a break in service, if the unit member was reemployed within 5
years, the amount of time the person is gone is subtracted from his previous
service, thereby giving the unit member a new accrual service date.

L. A unit member may sell back up to 80 hours of vacation time each calendar year
(unit member must use a minimum of 40 hours of vacation/comp-time leave
during the calendar year to qualify for this benefit). This payment shall be made
on the first payday of December of each year, and shall be included in the unit
member’s regular, bi-weekly paycheck.


Section 5-7: Out-of-State Vacation Recall

When a unit member is temporarily recalled to duty from out-of-state while on an
authorized vacation by order of the Police Chief, or designee, he shall be reimbursed for
necessary and provable transportation expenses as determined by the Police Chief.

Section 5-8: Military Leave

A. Definition
1. Pursuant to ARS 26-168 and ARS 38-610, employees who are members of
the Arizona National Guard or the Reserves of the United States Armed
Forces, will be entitled to a leave of absence from their duties for a period not
to exceed 30 days when they are engaged in ordered annual training or to
attend camps, maneuvers, formations, or drills under orders of any branch,
including the reserve or auxiliary.

Officers that are ordered or deployed to active military status will be granted a
leave of absence from their duties for the entirety of the deployment without
loss of pay or other employment rights, less the amount of pay for military
activities while on active status, however annual vacation and sick leave will
not be accrued.


2. This leave will be granted without loss of pay or other employment rights.

B. Leave Guidelines
1. National Guard and Military Reserve leave time will be calculated using
working days.

2. Employees will not be charged with military leave time for days that fall on
their regularly scheduled days off.

3. Leave days do not have to be taken consecutively, the only limitation is the
300-hour maximum in any two consecutive military fiscal years (October 1
through September 30). This 300 hour limitation does not apply to officers
that are ordered or deployed to active military status.

4. Travel time will not be allowed in addition to inclusive dates shown on requests.

5. A copy of the Military Orders will accompany leave requests.


Section 5-9: Uniform, Clothing and Equipment Allowance

A. Department-issued equipment, as follows:

1. The Police Department will furnish to each unit member entering the
department the following:
1Uniform Belt
1Handcuff Case
1 Holster 204
1 Helmet
1 Magazine Pouch
1 Service Weapon
1 Pepper Spray Holder
1 Pepper Spray Canister
1 Pair of Handcuffs and Key





1 Uniform Breast Badge
1 Flat Badge with Case
1 (pair) Puncture resistant gloves

The department also agrees to provide spit masks on a continuous basis.

2. Pilot’s equipment list as follows:

The Police Department will furnish the following to each unit member
assigned to the Air Support Detail:

2 Nomex (or equivalent in quality) Flight Suits
1 Flight Helmet
1 Standard Headset

3. The Department shall replace those items as they, in the judgment of the
Department, become unserviceable due to wear or damage in the course and
scope of official duties.

B. A unit member will receive $1,150 1,500.00 clothing allowance per annum.
Barring unforeseen circumstances, payment for uniform allowance will be made
on or before August 1 of each fiscal year. Such payment will be made to cover
the cost of uniforms, maintenance, cleaning of such uniforms, and for other duty-
related expenses and for the unit member to provide a required flashlight and
fresh batteries.

C. A new unit member will receive an initial fiscal year uniform allowance equal to
1/12 of the annual allowance per month from the first day of the month of his
employment through the end of the fiscal year. This payment will be made in a
lump sum during the first 60 days of employment.

D. A unit member who leaves City Employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month
remaining in the fiscal year after the last day of the month in which separation
occurs, provided, however, that a unit member who retires will not be required to
repay any uniform allowance. In addition, the family or beneficiary of a unit
member who dies while in the employment of the City shall not have to pay back
any uniform allowance.

E. A unit member who has been on extended leave (paid or unpaid), excluding
industrial leave, sick leave, or military leave of 2 months or longer, shall have the
next annual uniform allowance reduced by 1/12 of the annual allowance for each
month of extended leave.

F.
1. On or before August 1 of each fiscal year, a unit member assigned to the
following details/squads/units will, in addition to his annual clothing allowance,



be provided a one-time payment per the following schedule upon initial
transfer to that assignment.

Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
TRU*** $320
Detectives* $320
Bike Officers** $320
Honor Guard $320
SAU Negotiators $320
Drone Pilots $320

* Detective is defined as a certified detective who is in a detective or
investigative assignment or an assignment that normally requires the unit
member to wear civilian business clothes.

** Bicycles will be furnished by the City. To be eligible for the one-time payment
of $320, a bicycle officer must successfully complete the 40-hour bicycle
certification class and be assigned to NET, DOU, CAO, the airport, or a
School Resources Assignment, or any designated bike squad approved by
the Police Chief (i.e. the Desert Horizon Precinct Bike Squad).

2. A unit member assigned to the following details/squads/units will receive, on
or before August 1 of each fiscal year, in addition to his initial uniform
allowances described in section F1 above, an annual maintenance allowance
per the following schedule:

Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
Detectives $320
TRU*** $320
Bike Officers** $320
Honor Guard $320

The provisions of Subsection D of this Section shall apply to this Subsection.

** To be eligible for the one-time payment of $320, a bicycle officer must
successfully complete the 40-hour bicycle certification class and be assigned
to NET, DOU, CAO, the airport, or a School Resources Assignment, or any
designated bike squad approved by the Police Chief (i.e. the Desert Horizon
Precinct Bike Squad). All bicycle officers, assigned to one of the details
above, who do not ride during the course of their regular duties, will be
required to work at a minimum, one shift every fiscal year with DOU, during a
regular shift or a special event, utilizing Department issued


bicycles. This event will be coordinated with DOU command staff and the
affected units’ command. Proper notice of schedule change will occur of
the shift is outside of the unit members normal work hours.

*** TRU is defined as an officer who has completed the annual TRU
certification course and is assigned to a TRU response/support squad.
The Unit member must attend annual training and maintain certification to
be eligible for allowances.

G.
1. A unit member who purchases a new ballistic vest shall, upon showing proof
of purchase, be reimbursed an amount up to, but not exceeding, $1,000.

2. At the time of the purchase, the member can utilize the remainder of stipend
to purchase department authorized armor plates.

3. Upon replacement of his ballistic vest, a unit member shall be entitled to the
above $1,000 reimbursement every 5 years.

H.
1. The City agrees to reimburse a unit member for the repair or replacement of
uniform items and for other personal property damaged in the course of
employment and performance of their assigned duties without fault or
negligence on the part of the unit member, other than normal wear and tear in
accordance with the schedule of items and maximum amounts authorized for
reimbursement outlined below:

Business Suit $250
Business Dress $100
Sport Coat $150
Dress Shirt $50
Dress Trousers $75
Dress Skirt $75
All Shoes $100
Uniform Boots ALL
Motorcycle Boots ALL
Motorcycle Gloves $100
Glasses and contacts RX ALL
Sunglasses -non-RX $80
Watches $80
Jewelry $75
Police Uniform Trousers ALL
Police Motorcycle Breeches ALL
Police Uniform Shirt ALL
Police Jacket ALL
Police Motorcycle Jacket ALL
Flashlight $100
Ballistic Vest ALL


Service Weapon and (up to cost of City weapon) authorized
attached accessories

2. Reimbursements for full, 3/4, 1/2, 1/4, value are based on the supervisor’s
evaluation and recommendations of the article’s condition and age. Items not
listed above are not covered by the policy.

3. The option to repair or replace damaged items, and to determine whether
replaced property will be returned to unit member, rests with the City.

4. The provisions of this policy shall not apply if the unit member has concealed
or misrepresented any material fact or circumstances concerning the subject
of the loss, his interests therein, or in the case of any fraud or false
statements by the unit member relating thereto.

I. Upon duty related retirement, the City will provide the retiring member a Retired
Police Officer’s Commission Card similar in appearance to the regular
Commission Card.

J. Upon retirement, with Chief approval, a unit member will receive his breast
badge mounted on a plaque, a retired flat badge and case, handcuffs, and his
fully functional department-issued service weapon, including all 3 duty
magazines, for $1.00. If the unit member dies in the line of duty or while
employed by the department, the unit member’s spouse or an adult survivor may
elect to receive these items, except for the flat badge and case, for $1.00 which
will be paid by PLEA. The unit member’s spouse or adult survivor will have the
option of receiving the service weapon in a fully functional condition, or may
request the unit member’s service weapon be disabled and mounted in a shadow
box, or may decline receiving the service weapon. The choice will be made in
writing. PLEA will provide a gun safety device, upon request by the unit member.

K. A unit member assigned to the Canine Detail will have the option of purchasing
his dog as follows:

1. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years, at retirement the unit member may purchase his dog for
$1.00.

2. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years and the unit member leaves other than for retirement, the
decision to allow the purchase of his dog will be made on a case by case
basis and this decision will not be arbitrary.

L. Unit members who are assigned a rifle, currently qualified, and assigned to patrol or
a patrol specialty unit, Downtown Operations Unit, and Airport Bureau will receive a
stipend to offset costs of any Department authorized equipment already purchased,
that assists them with deployment and utilization of their rifle as follows:



• Eligible employees will be able to submit a memo with attached receipts
for new and/or replacement rifle related equipment up to a limit of $500
every 5 years.

Members will accumulate receipts for newly purchased equipment and will make
one submission to fiscal for reimbursement.


Section 5-10: Reimbursement for Education Expenses

A. A unit member who participates in the Tuition Assistance Program shall be
eligible for tuition reimbursement pursuant to the following provisions:

1. For the 2021-2023 fiscal years, An employee may submit tuition expenses
incurred in the prior fiscal year such that the maximum total reimbursed does not
exceed $13,000 across any two-year period. Funds from the upcoming fiscal
year may be applied to any approved academic or training course in the current
fiscal year, should the tuition for said course exceed the maximum amount noted
in AR 2.51 per fiscal year (currently $6500).


2. To be eligible for any reimbursement, a unit member must have successfully
completed academic or training courses approved by the Police Chief and
the Human Resources Director, or be currently meeting academic standards
in a continuous academic program extending into the next fiscal year, as
provided in existing regulations.

3. Unit members shall be allowed to use up to $500 800.00 of their
reimbursement benefit for job-related seminars, workshops, and professional
memberships each fiscal year. Reimbursement will be made no later than the
pay period following submission of the request.


Section 5-11: Leave of Absence

Subject to development of administrative controls, a unit member who has no other
accumulative paid leave may use up to 10 hours per year of accumulated sick leave for
non-emergency home care or medical treatment for a member of the unit member’s
immediate family subject to operational and scheduling factors. When utilizing this
benefit, the member shall identify the use of such time as non-emergency family illness.
Such leave request shall not be unreasonably withheld.


Section 5-12: Workers’ Compensation

A. Employees shall continue to receive 100% of their current rate of pay while off-
duty due to an industrial injury based on current practice which is a maximum of
1 year per injury, thereafter the rate becomes 66-2/3%.

B. Should the Association believe that a dispute in jurisdiction is unduly delaying a
Workers’ Compensation claim, or if the Association believes the City needs to
provide greater assistance to an employee trying to reopen an old claim, the
Association may request a meeting with City Workers’ Compensation staff
(provided the involved employee signs a release to do so) and such meeting will
be scheduled within 14 calendar days.

C. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 4.

D. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave
paid as industrial injury/illness (e.g. Workers’ Compensation).








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 a final non-appealable order of the Phoenix Employment Relations
Board or a final judgment of any court 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 issuance of such final order or decree, the parties, upon request of either of
them, shall meet and confer to endeavor to agree on a substitute provision or
that such a substitute provision is not indicated.

B. It is recognized by the parties that currently the provisions of the Fair Labor
Standards Act are applicable to certain of the wage and premium pay provisions
of this Memorandum of Understanding (MOU) and that this MOU shall be
administered in compliance with the Act for so long as the Act is applicable.

C. It is recognized by the parties that currently the provisions of the Americans with
Disabilities Act are applicable to certain of the provisions of this Memorandum of
Understanding (MOU) and that this MOU shall be administered in compliance
with the Act for so long as the Act is applicable.


Section 6-2: Copies of Memorandum

Within 60 days from the date that this Memorandum is adopted by the City Council, the
Association will arrange for printing of it for furnishing one to every unit member, unit
supervisor and to management personnel. The cost of such duplication and distribution
will be borne equally by the Association and the City. Printing vendors secured by the
Association shall comply with Chapter 18, Articles IV (City Construction Contractors'
Affirmative Action Requirements) and V (Supplier's and Lessee's Affirmative Action
Requirements), Phoenix City Code.


Section 6-3: Aid to Construction of Provisions of Memorandum of Understanding






A. It is intended by the parties hereto that the provisions of this Memorandum shall be
in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Police Chief, and other City boards
and officials, and these provisions shall be interpreted and applied in such manner.

B. The Association recognizes the powers, duties and responsibilities of the Police
Chief as set forth in the Charter and Ordinances and that pursuant thereto the
Police Chief has the authority to establish rules and regulations applicable to the
operation of the Police Department and to the conduct of the police officers
employed therein, subject to the express provisions of this Memorandum.

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 precluded from initiating any further meeting and conferring for the term thereof
relative to matters under the control of the Police Chief, the City Council or the
City Manager. This section shall not be construed to limit free and informal
discussions under, Section 2-2 hereof.


Section 6-4: Changes in Department Operations Orders Pursuant to
this Memorandum

A. Within 60 days from the date this Memorandum is adopted by the City Council,
the Department shall provide electronic copies of those Department and
Operations Orders reflecting changes pursuant to this Memorandum. Copies of
such changes shall be available to each unit member on or about July 1 of each
fiscal year or as soon thereafter as possible.

B. During the preparation of changes to the Department’s Operations Orders, and
precinct/bureaus manuals, drafts of the proposed changes will be staffed out to
the Association.


Section 6-5: Physical Fitness

A. It is recognized by the parties that it is the responsibility of a unit member at all
times to make every effort to maintain his physical condition so as to be fully fit to
perform his duties with maximum effectiveness.

To assist a unit member in this respect, the City agrees to provide and maintain
exercise equipment for each precinct station, Deer Valley, Resource Bureaus,
Police Headquarters, and at the Training Academy.

B. The City will provide required FAA physicals to pilots assigned to the Air Support
Unit.




C. If a unit member, while carrying out his official duties is exposed to an infectious
disease/virus, the City agrees to pay the expenses for inoculation of the member.

D. Unit members are allowed to work out on their “Code 7” at Police Department
facilities. Unit members are required to remain in workpants/boots. Employees
who work out on their “Code 7”:

• Must adhere to Operations Order 4.1 (Meals and Breaks);
• Must submit a workout memo through the Chain of Command to the
Department Fitness Coordinator;
• Adhere to Operations Order 3.7 (Industrial Injuries);
• Must limit their activity to Strength Training/Cardio Training;
• May not work out on their “Code 7” during overtime shifts; and,
• May not work out during the last 2 hours of their duty shift,
unless approved by their supervisor.

Program viability will be reviewed annually by the Police Chief.


Section 6-6: Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect beginning with the first
regular pay period commencing in July 20242026, up to the beginning of the first
regular pay period commencing in July 20262028.

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. This paragraph is not intended to
preclude informal discussions under Article 2, section 2-2 hereof.

C. The provisions of this Memorandum shall be subject to Federal, State, Charter,
and existing local laws that vest jurisdiction and authority in the City Council,
Phoenix Employment Relations Board, and Phoenix Civil Service Board.

D. This Memorandum constitutes the total and entire agreements between the
parties and no past written or verbal statement/agreements shall supersede any
of its provisions.




ATTACHMENT A

DRUG TESTING
The Phoenix Police Department’s Operations Order 3.21, Controlled Substance
Screening policy, is added to this Memorandum as Attachment A.




ATTACHMENT B

RETIREE HEALTH CONTRIBUTION


The City shall provide Basic Medical Reimbursement Plan (MERP) benefits to MERP
eligible unit retirees and to unit members who are hired before August 1, 2007 and are
eligible to retire no later than August 1, 2022 (the date of an individual’s retirement
eligibility was determined on August 1, 2007), at the monthly amounts based on years
of service listed below:

5 to 14 years of service $135.00
15 to 24 years of service $168.00
25 or more years of service $202.00

Unit employees hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.



Public Safety Personnel Retirement System (These benefits are not under City of
Phoenix control)*

Retiree only not on Medicare $150.00
Retiree & family not on Medicare $260.00
Retiree only on Medicare $100.00
Retiree - one with Medicare $215.00
Retiree - all on Medicare $170.00
*Rates shown are for the 2012 calendar year. For current rates, see http://www.psprs.com/




ATTACHMENT C
Unit 4 – Police Officers
WAGES
Police Officer, Job Code 62210
Effective July 8, 2024
STEP HOURLY BI-WEEKLY ANNUAL
1 35.75 2,860.00 74,360.00
2 37.44 2,995.20 77,875.20
3 39.22 3,137.60 81,577.60
4 41.09 3,287.20 85,467.20
5 43.04 3,443.20 89,523.20
6 45.08 3,606.40 93,766.40
7 47.23 3,778.40 98,238.40
8 49.48 3,958.40 102,918.40
9 51.84 4,147.20 107,827.20

Police Officer*Pilot, Job Code 62211
Effective July 8, 2024
STEP HOURLY BI-WEEKLY ANNUAL
1 49.02 3,921.60 101,961.60
2 51.35 4,108.00 106,808.00
3 53.79 4,303.20 111,883.20

Police Officer*Rescue Pilot, Job Code 62212
Effective July 8, 2024
STEP HOURLY BI-WEEKLY ANNUAL
1 50.83 4,066.40 105,726.40
2 53.26 4,260.80 110,780.80
3 55.79 4,463.20 116,043.20

Police Officer*Flight Instr, Job Code 62213
Effective July 8, 2024
STEP HOURLY BI-WEEKLY ANNUAL
1 52.76 4,220.80 109,740.80
2 55.26 4,420.80 114,940.80
3 57.88 4,630.40 120,390.40

Police Officer*Chief Pilot, Job Code 62214
Effective July 8, 2024
STEP HOURLY BI-WEEKLY ANNUAL
1 54.69 4,375.20 113,755.20
2 57.28 4,582.40 119,142.40
3 60.01 4,800.80 124,820.80



MEMORANDUM OF UNDERSTANDING

2026 – 2028

CITY OF PHOENIX

AND

PHOENIX FIRE FIGHTERS ASSOCIATION

(IAFF, LOCAL 493)

REPRESENTING UNIT 5 EMPLOYEES




TABLE OF CONTENTS

PREAMBLE .................................................................................................................................. 2

Article 1: Rights .......................................................................................................................... 2
Section 1-1. Gender ................................................................................................................................. 2
Section 1-2. City and Department Rights................................................................................................. 2
Section 1-3. Rights of the Union .............................................................................................................. 3
Section 1-4. Rights of Unit Employees ..................................................................................................... 8
Section 1-5. Prohibition of Strikes and Lockouts ................................................................................... 16

Article 2: Grievance/Arbitration/Labor Management ............................................................ 16
Section 2-1. Grievance Procedures ....................................................................................................... 16
Section 2-2. The RBO / Labor-Management Process ........................................................................... 20
Section 2-3. Productivity Discussions .................................................................................................... 22

Article 3: Compensation/Wages ............................................................................................. 22
Section 3-1. Wages................................................................................................................................ 22
Section 3-2. Productivity Enhancement Pay .......................................................................................... 25
Section 3-3. Overtime ............................................................................................................................ 26
Section 3-4. Call Out Pay....................................................................................................................... 27
Section 3-5. Out-of-Class Pay ............................................................................................................... 28
Section 3-6. Sick Leave Conversion at Retirement ............................................................................... 28
Section 3-7. Deferred Compensation and Defined Contribution Plans .................................................. 30
Section 3-8. Non-Direct Payment of Compensation or Benefits ............................................................ 30

Article 4. Hours of Work/Working Conditions ....................................................................... 30
Section 4-1. Hours of Work .................................................................................................................... 30
Section 4-2. Shift Trades ....................................................................................................................... 33
Section 4-3. Filling Vacancies ................................................................................................................ 33

Article 5. Benefits..................................................................................................................... 34
Section 5-1. Health Insurance................................................................................................................ 34
Section 5-2. Dental Insurance................................................................................................................ 35
Section 5-3. Life Insurance .................................................................................................................... 36
Section 5-4. Long Term Disability Insurance ......................................................................................... 36
Section 5-5. Holidays, Vacations, and Donated Vacation Leave ........................................................... 36
Section 5-6. Uniforms ............................................................................................................................ 40
Section 5-7. Tuition Reimbursement...................................................................................................... 42
Section 5-8. Wellness, Health and Fitness ............................................................................................ 42
Section 5-9. Worker’s Compensation .................................................................................................... 43
Section 5-10. Employee Benefit Trust Fund ........................................................................................... 44

Article 6. Miscellaneous .......................................................................................................... 46
Section 6-1. Saving Clause.................................................................................................................... 46
Section 6-2. Printing of M.O.U. .............................................................................................................. 47
Section 6-3. Fire Watch ......................................................................................................................... 47
Section 6-4. Term and Effect of Memorandum ...................................................................................... 47

ATTACHMENT A ....................................................................................................................... 50
ATTACHMENT B ....................................................................................................................... 56






PREAMBLE

WHEREAS, the parties, through their designated representatives, met and
conferred in good faith pursuant to Ordinance G-3303 in order to reach agreement
concerning wages, hours, and working conditions of employees comprising the Fire
Fighter Unit, and,

WHEREAS, the parties hereby acknowledge that the provisions of this
Memorandum are not intended to abrogate the authority and responsibility of City
government provided for under the statutes of the State of Arizona or the Charter or
ordinances of the City of Phoenix except as expressly and lawful limited herein,

NOW, THEREFORE, having reached this complete agreement concerning wages,
hours, and working conditions for the term specified, the parties submit this Memorandum
to the City Council of the City of Phoenix with their joint recommendation that body resolve
to adopt its terms and take such other action as may be necessary to implement its
provisions.


Article 1: Rights

Section 1-1. Gender

Whenever any words used herein in the masculine, feminine or neutral, 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 Department Rights

A. The Union recognizes that the City and the Fire Chief retain, whether exercised or
not, solely and exclusively, all express and inherent rights and authority pursuant to
law with respect to determining the level of and the manner in which the Fire
Department's service delivery activities are conducted, managed, and administered,
and the Union recognizes the exclusive right of the Chief to establish and maintain
departmental rules and procedures for the administration of the Fire Department
during the term of this Memorandum provided that such rules and procedures do not
violate any of the specific express provisions of the Memorandum.

B. The City and the Chief have the exclusive right and authority to schedule work and/or
overtime work as required in the manner most advantageous to the City subject to
the express terms of this Memorandum.

C. It is understood by the parties that every incidental duty connected with operations




enumerated in job descriptions is not always specifically described; nevertheless, it
is intended that all such duties shall be performed by the employee.

D. The Chief and City Manager reserve the right to discipline or terminate employees
for just cause subject to Civil Service procedures.

E. The City and the Chief shall determine and establish methods and processes by
which duties are performed subject to the express terms of this Memorandum.

F. The City and Chief shall have the right to transfer employees within the Department
in a manner most advantageous to the City subject to the express terms of this
Memorandum.

G. Except as otherwise specifically provided in the Memorandum, the City and the Chief
retain unqualifiedly all rights and authority to which, by law, they are entitled.

H. The City shall have the authority to effect reorganizations of the Department.
However, any such reorganization shall be discussed by the Labor-Management
Committee prior to implementation.

I. The Union recognizes that the city has statutory and Charter rights and obligations in
contracting for matters relating to municipal operations.

J. The inherent and express rights of the City and the Chief, including those herein
specifically referred to, which are not expressly modified or restricted by a specific
provision of this memorandum, are not, in any way directly or indirectly, subject to the
Grievance Procedure herein.

K. Nothing herein shall be construed to diminish the rights of the City under provisions
established in the Meet & Confer Ordinance, Chapter 2, Article XVII, of the City Code
or to diminish the provisions of the Civil Service Rules.


Section 1-3. Rights of the Union

A. The Union, as the authorized representative, has the exclusive right to serve as the
meet and confer representative of all employees in the Fire Fighter's Unit as certified
by the Phoenix Employment Relations Board on July 29, 1976.

B. The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The Union plays an important role furthering this
relationship and ultimately improving service to the City and its citizens. Accordingly,
the City and the Union have negotiated various rights for unit employees as set forth
in this MOU, in exchange for services to the City and in lieu of increased
compensation. These bargained-for rights will promote and improve enhanced




service delivery models and public safety, along with other tangible benefits to the
City’s residents.

C. The Phoenix City Council has determined, and Unit 5 agrees, there are specific
activities that confer a public benefit; a dual public/private purpose or an exclusively
public purpose. Consistent with this mutually beneficial relationship, Local 493
desires to negotiate a resolution in alignment with recent legal precedent.
Accordingly, up to 2 Unit 5 (IAFF) members may be released to perform these duties
under City Business.

D. The City’s Labor Relations Administrator or authorized designee will be responsible
for coordinating the City Business Time. The Labor Relations Administrator shall
work directly with Unit 5 in order to confirm any and all paid activity of the Authorized
Employees is consistent with the activity approved below. The two Unit 5 members
identified in Subsection B shall submit reports each pay period to the Labor Relations
Administrator documenting the City Business and any leave (e.g., donated leave,
vacation leave, sick leave, etc.) used during that pay period. The City has the right
to audit time cards submitted. In the event there is disagreement, the parties will
meet to discuss the matter at the request of Unit 5 or the City. The audit may result
in Unit 5 reimbursing the City, by submitting Union Release hours, donated leave,
personal leave, or monetary payment from the Union, for activity not deemed City
Business under this Agreement.

E. City Business Time

The City has determined there are activities that confer a public benefit, a dual
public/private purpose or an exclusively public purpose for which members of Unit 5
should be released from their official duties to perform. Unit 5 acknowledges its
members will receive City Business time for the time spent performing the following
activities:

1. Authorized Employees will attend trainings that have been authorized in advance
by Administration.

2. Authorized Employees will facilitate communication between employees and
management ensuring a safe and efficient delivery of services, as well as
developing a heightened degree of labor/management cooperation.

3. In coordination with management, Authorized Employees will communicate new
programs and/or policy changes to the broader City workforce that are members
of the bargaining unit in order to streamline service delivery and ensure timely
implementation of changes in policy or programs. Changes in safety or security
policy and procedure will be prioritized.

4. In coordination with management, as a means of achieving a healthier workforce




and driving down costs associated with workers’ compensation, the cost of
providing healthcare and the use of sick time, Authorized Employees will assist
bargaining members with understanding coordination of benefits.

5. In order to ensure City resources are well coordinated, upon the direction of the
City and consent of IAFF, Authorized Employees will participate in various City
committees, labor management meetings, or labor management work groups as
a member of the committee or group.

6. Participate in Department-authorized or City-sponsored authorized community
projects and events.

7. Represent employees involved in critical incidents at the time of incident (e.g.,
personal injury related).

8. As a means of controlling administrative and litigation costs associated with
employee matters in a large and complex City and with the goal of resolving
matters at the earliest possible stage, at management’s request Authorized
Employees will assist bargaining unit members/employees and management in
matters related to employer/employee relations.

9. Legislative, lobbying or political activities with the approval of the City Manager
or authorized designee.

F. Activities not eligible for City Business Time

Authorized Employees shall be prohibited from engaging in any of the following
activities while on paid City Business time:

1. Lobbying. This includes letter writing or telephone calls, without approval of the
City Manager or authorized designee.

2. Legislative Activity. This includes participating in the preparation or distribution
of legislative proposals, without approval of the City Manager or authorized
designee.

3. Organizing. This includes preparing and/or distributing union related materials.

4. Civil Service Discipline. This includes the representation of any bargaining unit
member/employee in disciplinary matters before the Civil Service Board.

5. Bargaining/Negotiations. This includes any matters deemed to be a mandatory
subject of bargaining.

6. Representation in grievance or disciplinary proceedings.




G. Requests for City Business Time

1. A union member who wishes to use City Business time must submit a written
request (e-mail will suffice) as soon as the need for time is known but no later
than 72 hours in advance, when practical, of the time requested to an individual
designated by the Labor Relations Administrator or authorized designee. Any
such request must specify what the time will be used for. A request for City
Business time will be approved only if the activity has either a dual public/private
purpose or an exclusively public purpose. Upon Labor Relations Administrator
approval, Fire Department time management will be notified of the approved
leave for entry into Telestaff.

H. Union Representatives

1. The Union may designate one (1) 493 Executive Director, three (3) 493 Directors,
and four (4) Union Representatives to represent members of our unit when
appropriate. The Phoenix Chapter President shall notify the Fire Chief of these
designations. There shall be no obligation on the Department to change or adjust
normal departmental scheduling or assignments of personnel as a result of such
designations.

2. Union representatives may attend mutually scheduled grievance, investigative,
and disciplinary meetings and hearings with department representatives during
duty hours by using the Bank of Donated Leave. Time spent during duty hours
for any other union activity, such as gathering information, interviewing the
grievant or witnesses, attending a union meeting, or preparing a presentation
shall also be charged against the Bank of Donated Leave as described in Article
5, Section 5-5.

I. Union members may be authorized in advance in writing to engage in Union related
activities during duty hours on a non-paid basis by the Fire Chief at such time and in
such instances when in the discretion of the Chief such will not in any manner
interfere with the efficient and economical operations of the Department nor
adversely impact the level of Fire Fighting services or support services.

J. There shall be no use of official time for Union-related activities except as expressly
authorized under Section 1-3E of Article 1. The Department shall maintain
procedures to administer and control use of official time in conformity with the
provisions of this Section.

K. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall furnish to the Union on request, at actual cost, a
listing of Union members on City payroll deduction in July and January during the
term of this agreement indicating name, mailing address, and job assignment. The




City will also provide a monthly list of employees added that month to Unit 5.

L. The City shall, in conformity with the provisions established in the Meet & Confer
Ordinance, Chapter 2, Article XVII, of the City Code, deduct monthly the Union
members regular periodic Union membership dues and/or special assessments
pursuant to authorization on a form to be provided by the City, duly completed and
signed by the Union member, and transmit such deductions to the Union on a monthly
basis; except, however, that such deduction shall be made only when the employee's
earnings for a pay period are sufficient after other legally required deductions are
made. The City shall, at the request of the Union, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for implementing
such change. The City shall not make dues deductions for Unit employees on behalf
of any other employee organization during the term of this Memorandum. The City
assumes no liability on account of any action taken pursuant to this paragraph. In
addition, with sufficient notice the Union may request a change in dues deduction to
either monthly or bi-weekly for the entire membership each July 1 or at other times
agreed to by the parties. By filling out and submitting a voluntary deduction form for
membership dues, each unit member/employee is clearly and affirmatively
consenting to the deduction of the stated amount of money for membership dues
from their pay check.

M. The City will continue to provide those bulletin boards as designated by the City in
the past exclusively for posting of official Union literature that is not political in nature,
abusive of any person or organization, or disruptive of the department's operations.
In addition, the Union will be allowed to use all Fire Department Communications
tools to disseminate such information when necessary. Such announcements shall
not be political in nature, nor shall they be abusive of any person or organization or
disruptive of the department's operation. The Assistant Chief in charge of personnel,
or his designee, shall review the content of the buck slip communications prior to
distribution.

N. Nothing herein shall be construed to diminish the Union's rights under the provisions
established in the Meet & Confer Ordinance, Chapter 2, Article XVII, of the City Code.

O. The City will provide the Union, upon request, non-confidential and readily available
information concerning the Union that is necessary to Union representatives for
negotiations, and is not otherwise available to the Union, such as personnel census,
employee benefit data, and survey information. Such requests shall be made through
the Assistant Chief in charge of personnel. Any unusual costs incurred by the City in
connection with this Section shall be borne by the Union.

P. The Union and the Department will jointly present training to new Fire Fighter recruits
about the activities that are mutually beneficial to the City and the Community. This
time will be allotted sometime during the last 4 weeks of training of said recruits at
the Training Academy. During such discussions, Union representatives shall avoid




the dissemination of information that is political in nature, abusive of any person or
organization or disruptive of the Department's operation. City business time will be
available for this purpose.

Q. Seniority

1. The City shall provide the Association with a list of unit members/employees
showing each unit member’s/employee’s City employment date and class
employment date.
2. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
3. Seniority will be applied in conjunction with City of Phoenix Personnel Rule 14.
4. The Department will also post an annual seniority list (beginning of the fiscal year)
on the Department’s internal webpage. In addition, new promotional lists for Fire
Engineer and Fire Captain will be posted on the internal webpage after they are
certified and finalized by City HR.


Section 1-4. Rights of Unit Employees

A. All employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in
the Union or any other organization. Whenever the terms “employee, Unit employees,
grievant” or some derivation of those, is used in this MOU it shall be synonymous
with the term “Unit member/employee.”

B. Union employees have the right to be represented or not to be represented by the
Union in dealings with the City concerning grievances and matters pertaining to their
individual employment rights and obligations.

C. Equal and Consistent Treatment
All employees covered by this Memorandum shall be treated equitably and consistently with
similarly situated employees regarding the terms and conditions of employment, including
but not limited to recruitment, assignment of work, training, promotion, transfer, discipline,
layoff, recall, termination, compensation, and benefits.


D. Equal Employment Opportunity
The City affirms its commitment to an Equal Employment Opportunity policy. It shall not
discriminate against any employee or applicant on the basis of race, color, religion, sex, age,
national origin, ancestry, disability, marital status, medical condition, sexual orientation,
gender identity, or any other characteristic protected by law. All employees shall be afforded
equal consideration and opportunity in hiring, advancement, performance evaluation,
promotion, and compensation.





E. It is understood by the parties that the benefits granted by Section 1-4 of Article 1
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 Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.

F. The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.








Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coaching’s/Supervisory Not maintained Not maintained
Remove annually
Counseling’s in file. in file.
provided no further
incidents.
Maintain copy
Maintain original
in file.
in file.
Employee may
Employee may
Written Reprimands request to remove
request to inactivate
after 2 years from
after 3 years from the
the date of
date of infraction.
infraction.
Maintain copy
Maintain copy
in file. Maintain original
in file.
Remove annually in file.
Employee may
Suspensions provided no further Employee may
request to remove
(other than below) incidents. request to inactivate
after 5 years from
after 5 years from the
the date of
date of infraction.
infraction.
Discipline under 21b2,
Maintain copy Maintain original
21b4, 21b5, 21b12,
in file. in file.
21b13, 21b14, 21b15,
Cannot Remove May not be inactivated
21b18, 21b19, 21b20.

Discipline older than 5 years from the date of infraction will not be considered for
progressive discipline or promotion/transfer purposes except for the following types of
discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):

Sustained discipline of 40-hour suspension or greater of the following types:

• The employee has been abusive or threatening in attitude, language, or conduct
towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocketknife (as provided in ARS 13-3102) at a City worksite1, unless
such employee is a police officer.
(A worksite includes not only City buildings and property, but also City vehicles
and private vehicles while being used on City business, and other assigned work
locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or the
property of another employee or citizen.




• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
• The employee committed a violation of the City's Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.

G. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with a member/employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by the City may result in a disciplinary action.

1. Anonymous or third-party complaints shall require corroboration within 30 days of
being received or they will be dismissed.

2. The City may, at its discretion, either conduct investigatory interviews with
members/employees or issue members/employees written questions. In either
case, a Notice of Inquiry (NOI) form will be used. The intent of the NOI is to clearly
put members/employees on notice that they are under investigation that could
result in discipline, inform them of the nature of the allegations against them, and
inform them of their right to representation.
a. The Notice of Inquiry shall be provided within 7 days of any complaint.
b. The Notice of Inquiry shall included any alleged facts, complainant identity
(if known), and all available evidence.

3. If the City elects to issue written questions to the member/employee, the following
shall apply:

a. If an NOI is being issued and there is no active questioning, representation
is not required. Members/employees may bring a representative if they
desire, however there will be no discussion during the issuance of the NOI.

b. The member/employee will have 72-hours excluding holidays and N-days
to respond in writing and provide any other material requested. This
deadline may be extended by mutual agreement if there are extenuating
circumstances.






4. If the City elects to conduct an investigatory interview, the following shall apply:

a. Prior to the member/employee being interviewed, the member/employee
shall be advised of their right to a representative at all interviews.

b. The NOI form will be issued at the meeting.

c. The union representative may assist and consult with the
member/employee, attempt to clarify the facts or questions asked, and
suggest other members/employees or witnesses who may have knowledge
of the underlying issues. The union representative may ask questions, make
statements, and advocate on the member’s behalf.

d. The member/employee or representative may ask for a caucus during the
meeting. Caucuses will be granted for a reasonable timeframe.

e. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the member/employee. The
member shall be allowed to seek advice from their representative in caucus
during the interview. The member/employee will be given the opportunity to
clarify their answer after the caucus.

f. All parties may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

g. Prior to the conclusion of the meeting, the member/employee or
representative shall have the opportunity to make a closing statement.

h. If the department requires a written statement at an investigatory meeting,
the member/employee will be compensated up to one hour of City time to
write the statement. Additional time may be granted at the discretion of the
department and will not be withheld arbitrarily.

i. The City will notify the Unit member/employee within 7 calendar days
following the conclusion of all investigative interviews and final preparation
the draft summaries. Upon notification, the Unit member/employee will
have 7 calendar days to make a written request for the audio files and/or
the draft summary of the Unit member/employee’s interview, which the City
will provide. After receiving the requested audio files and/or the draft
summary of the Unit member/employee’s interview, the Unit





member/employee will have 7 calendar days to provide, in writing,
clarification of the Unit member/employee’s interview answer, draft
summary of Unit member/employee’s interview, and/or a written response.
If, upon review of the audio file and/or draft summary, the Unit
member/employee provides written clarification that identifies any factual
discrepancies, omissions, or mischaracterizations of their statements, the
City shall ensure that such clarification is attached to and becomes part of
the official investigative record. The City shall further require that any
investigator, HR representative, or individual with custodial authority over
the record correct or amend the draft summary and any derivative
documents to accurately reflect the Unit member/employee’s clarification.
No investigative finding, report, or personnel action shall rely upon a version
of the record that fails to incorporate the Unit member/employee’s written
clarification.

j. Except for emergency situations, the unit members/employees shall have a
minimum of 48 hours to arrange for union representation when the
member/employee is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to
arrive within the 48 hours. A member/employee may waive the 48-hour time
requirement if the member/employee is not opting for representation.

k. Provide the complete investigative file to the member/employee before
discipline is imposed. Including, but not limited to reports, recordings,
photos, exculpatory materials be

5. Regardless of whether the City elects to interview the member/employee, or issue
written questions, the following shall apply:

a. The member/employee will be instructed not to speak to anyone regarding
an investigation. This restriction does not apply to the union, the union’s
attorney, the member/employee’s family, the member/employee’s attorney,
the investigator, or chain-of-command.

b. The member/employee will be advised if the inquiry is supervisor initiated
or the result of a citizen complaint, employee/co-worker complaint, or other.

c. The member/employee shall also be informed of the Garrity protections
afforded to public employees who may also be under criminal investigation





or whose actions meet the elements of a crime [Garrity v. New Jersey, 385
U.S. 493, 87 S.Ct. 616 (1967)].

d. The Department will make available for review to the unit member and/or
his representative any relevant and readily available material that is being
used as the basis for an allegation of misconduct.

Material includes any video, audio, photographs, or documents known at
the time the internal investigation is initiated and that are specifically related
to the conduct of the unit member under investigation. Material does not
include audio recorded interviews of witnesses; complaints that are filed
with the employer and that include allegations of unlawful discrimination,
harassment, or retaliation or complaints that involve matters under the
jurisdiction of the United States equal employment opportunity
commission); material(s) or facts that would impede the investigation; or
investigative leads captured during the investigative process.

Prior to interviewing an involved employee, the investigating supervisor will
complete and provide an investigation material list to the involved
employee.

e. A unit member/employee shall receive a copy of any statement that they
are asked to sign.

f. Every 60 days, the Chief assigned to Human Resource, or a sworn
designee will provide, either verbally or in writing, a status update to a unit
member/employee who is under investigation. If a member/employee is in
an at home work assignment, that communication will take place every 45
days.

6. Miscellaneous

a. A unit member/employee identified solely as a witness shall have the right
to a union representative.
b. All interviews shall be recorded, including witnesses.

c. No witnesses who participate in an investigation or appeal will be retaliated
against.






d. No investigatory documentation, such as the NOI or witness statements
shall be kept in the Personnel or Supervisory Files after the investigation is
concluded.

e. The City will not require or compel Unit 5 members/employees to make any
self-incriminating statements during criminal investigations.

7. Unit members/employees will be permitted to apply and/or compete in a transfer
process while in a pending investigation. The transfer process will not be delayed
pending the conclusion of the related investigation.

8. A member/employee who receives a written reprimand or suspension may request
a copy of the information upon which the written reprimand or suspension was
based, pertaining to what was specifically cited in the discipline at no cost to the
member/employee.

9. All investigations shall be confidential. The public release of investigative materials
shall be prohibited until the completion of the investigation and/or appeal process.

10. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the member/employer to count as time worked,
any hours or fractions of hours spent outside the member/employee's work shift in
pursuit of benefits provided by this Article unless otherwise specified in this MOU.
The employer shall count as time worked any hours or fractions of hours spent
within the member/employee's regular work shift in pursuit of benefits provided by
this Article.

H. Member Discipline

1. Any member/employee receiving discipline that results in a loss of hours, or
days or work, will have those hours converted to match their appropriate work
schedule. Discipline for 40-hour members/employees shall be equal to 8
hours for one work day. Discipline for 56-hour members/employees shall be
equal to 11.2 hours for one work day. Any discipline exceeding one day will
be increased proportional to the hours outlined in this section. A 56-hour
member/employee may choose to use earned vacation or compensatory time
to account for the remaining workday hours.

2. A just cause definition shall be provided to members receiving discipline that
shall include notice, reasonableness, preponderance of evidence, and
proportionality.





I. Investigative timeline

Investigations shall be completed within 180 calendar days (extendable only with
written justification). Any investigation not completed in good faith within that time line
would be expired.


Section 1-5. Prohibition of Strikes and Lockouts

A. The Union pledges to maintain unimpaired Fire Fighting and related supported
services as directed by the Fire Chief. It shall not cause, condone, counsel or permit
employees, to strike, fail to fully and faithfully perform duties, slow down, disrupt,
impede or otherwise impair the normal functions and procedures of the Department.

B. Should any employees of the bargaining Unit during the term of this Memorandum,
and until such time that it is expressly and legally rescinded, breach the obligations
of Paragraph A, the Fire Chief or his designee shall immediately notify the Union that
a prohibited action is in progress. The Union shall forthwith disavow said strike or
other prohibited action and shall endeavor in good faith to cause such employees to
immediately return to work and/or cease the prohibited activity or, alternatively accept
the responsibility for the strike or other prohibited activity.

C. There shall be no lockout by the City during the term of the Memorandum.

D. The provisions of Section 2 (17) and section (13) of Ordinance G-1532, are
incorporated into this Memorandum.



Article 2: Grievance/Arbitration/Labor Management

Section 2-1. Grievance Procedures

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. Informal Resolution

1. As a matter of good labor-management relations the parties encourage unit
members/employees who believe that they have a bona fide grievance to discuss




and attempt to resolve it with their immediate non-unit supervisor.

2. If the above informal discussion is held and does not resolve the grievance, the
unit member/employee may file a formal grievance in accordance with the
following procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit member/employee, submitted as
herein specified, claiming violation(s) regarding the interpretation and/or
application of the specific express terms of this Memorandum for which there is
no other specific and formal method of review; and doesn’t have a fact pattern
that has been presented to and decided upon by the City Manager in a prior
grievance. However, disputes specifically excluded in other Articles of this
Agreement from the Grievance and Arbitration procedure shall not be construed
as within the definition set forth above and shall not be handled in accordance
with this procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.

C. Procedure

All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.

1. Step 1

The unit member/employee shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the division head,
or designee, within 14 calendar days of the initial commencement of the occurrence
being grieved. (Not withstanding other pertinent time bars, statute of limitations, etc.,
the City acknowledges that certain violations may constitute “continuing violations”
thereby permitting submission within 14 calendar days of subsequent occurrences, if
applicable.)

The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant's representative, if any, as deemed




appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by written
mutual agreement may move the grievance to Step 2 of the grievance procedure.

2. Step 2

If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant's receipt of the Step 1 response.

The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant's representative, if any, as deemed appropriate,
and shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. The parties by written agreement may
move the grievance to Step 3 of the grievance procedure.

3. Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievant and the grievant's representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a
written response to all parties within 14 calendar days of the meeting.

4. Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the
Step 2 response, appeal the grievance by signing and completing the City form
and presenting it to Labor Relations. A Grievance Committee hearing will be
scheduled at which the grievant shall be afforded the opportunity to fully
present his position and to be represented.

The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the City
Manager.
2 Members – Mutually agreed upon by City Manager’s Office and Local 493.

The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant and




his designated representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or their
designated representatives, shall agree on an arbitrator, and if they are unable
to agree on an arbitrator within a reasonable time, either party may request
the Federal Mediation and Conciliation Service to submit to them a list of 7
arbitrators who have had experience in the public sector. The parties shall,
within 7 calendar days of the receipt of said list, select the arbitrator by
alternately striking names from said list until one name remains. Such person
shall then become the arbitrator. The arbitrator 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 arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.

iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.

c. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.

D. Time Limits

Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.

E. Union Grievance





The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance

When more than one unit member/employee claims the same violation of the same
rights allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may be
filed in the name of all such members. Such group grievances shall be filed at the
Step of this Procedure which provides the lowest level of common supervision having
authority over all named Grievants. Each unit member/employee that is a party
Grievant must be named and must sign such group grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the failure to
act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of the
occurrence prompting the grievance. The president, or designee, shall in each case
provide a written answer within 14 days from receipt of the grievance. Unresolved
employer grievances may be submitted to arbitration pursuant to Step 3.


Section 2-2. The RBO / Labor-Management Process

A. The purpose of the Relationships by Objectives (RBO) committee is to enhance
service delivery models and address public safety employee-related issues. The
RBO process is done through the facilitation and open discussion of mutual concerns
and problems which may include; implementation of major department programs
and/or substantial modifications of existing major programs that will have a significant
impact on service delivery or work schedules. Items of concern are then enacted as
initiatives to be in accomplished over the course of the year that follows.

B. The RBO Committee shall meet annually at mutually scheduled times, and at other
mutually agreed upon times as necessary. The RBO Committee process consists
of a Correlating Team. The Correlating Team includes the following representatives
from Labor and Management: the Fire Chief and Executive Staff (Assistant Fire
Chiefs) and the Union President and Labor Executives. For each initiative mutually
identified in the RBO process, a Committee is established consisting of
representatives from labor and management and facilitated by co-chairs. Sub-
committees are further developed to facilitate meetings to achieve goals as set forth
in the agreed upon initiatives. Throughout the year, Committees and Sub-
Committees will meet regularly to accomplish their RBO initiatives.





C. There shall be a Fire Labor-Management Committee consisting of the Fire Chief and
Union President. The Fire Labor-Management Committee provides oversight for the
entire RBO / Labor-Management Process.

D. A standing agenda will be developed. The members shall, in advance of a meeting,
provide the co-chairs with proposed additional agenda items, and the co-chairs will
provide the members with the meeting agenda. To ensure clarity and continuity,
the parties agree that meetings should be audio recorded and the recordings
maintained in a secure database accessible to both parties for future
reference. The individuals assigned to record meeting minutes are
encouraged to capture sufficient detail of discussions and any agreements
reached, particularly when significant changes are considered, so that both
parties may accurately reference these records in the future.

E. Representatives of the Union on the Committee shall not lose pay or benefits for
meetings mutually scheduled during their duty time.

F. The Sub-Committees may be supplemented by representative(s) of the City Manager
if it is proposed to discuss mutual aid or fire protection contract matters.

G. The Sub-Committees may, if they deem proper, suggest recommendations to the
Fire Chief and the City Manager for their consideration and determination.

H. Employees who are designated by the Fire Labor-Management Committee as
RBO/Labor Management Coordinators will be eligible for compensation from a bank
of 2,112 hours. These individuals, limited to no more than 11 employees, will work
with management on the priorities determined through the RBO (Relationships by
Objectives) process. These initiatives pertain to enhancing operational efficiencies,
service delivery, and improvements to employee safety and organizational
performance.

I. It is understood by the parties that the benefits granted by Section 2-2 of Article 2
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 Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.

J. The City will provide the professional services of a secretary for the labor-
management process. The secretary will be assigned to the community affairs
division of the Phoenix Fire Department and will work at the direction of the Fire
Labor-Management Committee. The selection process for this position shall be
determined by the Fire Labor-Management Committee.





K. In the interest of encouraging member total wellness and providing customer service
delivery, the City of Phoenix Fire Department and Phoenix Fire Fighters Association
Local 493 will develop a drug testing policy through the Fire Labor/Management
process. The drug testing program will be administered and managed by the Fire
Department.


Section 2-3. Productivity Discussions

A. Recognizing the need to provide the highest practical level of fire protection and
emergency medical service to the citizens of Phoenix, the City, Fire Department, and
Union, pledge to continue to work towards increasing the productivity of the Phoenix
Fire Department. In a continuing commitment towards increased productivity, the joint
Labor-Management Productivity Committee shall meet on a regular basis during the
term of the M.O.U. to discuss the development of structured productivity programs
within the Phoenix Fire Department.

B. The distribution of any demonstrated economic savings or other productivity
rewarding measures resulting from the implementation of productivity programs shall
be a proper subject for the Meet and Confer process pursuant to the provisions
established in the Meet & Confer Ordinance, Chapter 2, Article XVII, of the City Code.

C. It is understood by the parties that the benefits granted by Section 2-3 of Article 2
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 Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.



Article 3: Compensation/Wages
Section 3-1. Wages
Wage Proposal Summary – Firefighter, Engineer, and Captain Classifications
A. Phoenix continues to experience extraordinary growth, both in population and in Fire
Department recruitment. This expansion presents an opportunity for the City to reaffirm
its commitment to hiring and retaining the very best candidates as we meet increasing
service demands.
In alignment with the Mayor’s stated goal that “Public Safety is key to a successful city,”
the parties agree that base wage adjustments for Firefighters, Engineers, and Captains
are essential to achieving the objective of making Phoenix Fire Department personnel
the highest paid in the State of Arizona.




Through collaboration with City Human Resources following the Class and
Compensation implementation, additional flexibility was created within the existing pay
structure—allowing greater separation between the top Firefighter step and the entry
step for the Engineer rank. Accordingly, the parties propose a minimum five percent
(5%) base hourly increase for the rank of Firefighter as an initial adjustment to
reflect this realignment.
This five percent increase establishes the minimum standard; however, both parties
recognize that additional adjustments may be warranted to achieve and maintain the
stated goal of ensuring Phoenix Fire Department personnel remain the highest paid in
base wages among comparable Arizona fire service agencies.
This effort underscores a shared commitment to recruitment, retention, and operational
excellence, ensuring that Phoenix Fire Department wages remain among the top two
highest paid public safety agencies in the State of Arizona. To ensure Phoenix Fire
Department wages stay among the top two highest paid public safety agencies in the
State of Arizona the city of Phoenix will do an annual pay in comp study for firefighters
starting in January of 2027.


A. Employees assigned to, or assigned as rovers to, Special Operations Teams, canine
search specialists team, and the ARFF program team, and who have also achieved
and maintained the level of Technician, or equivalent, through specific training and
education, shall receive Special Ops Team pay. Members certified in both hazmat
(HMT) and technical rescue (TRT) and assigned to, or assigned as rovers to fill cross
trained positions on the heavy rescue squads and/or C-957 shall receive Bi-Tech
Team pay, which is the sum of HMT & TRT Special Ops Team pay combined.

An employee who is awarded a position on a team in this section shall receive their
Team Pay no later than 6 months, if the Fire Department has not offered the employee
a training spot in the required entry level Special Operations course within 6 months
of accepting their team position.

If Employees who are required to obtain dual technician certification (C957 Captains
and employees assigned to heavy rescue squads) do not have either team pay and
employee has not been offered a training spot in the required entry level Special
Operations course within 6 months of accepting their assignment, they will receive
team pay for one of the two disciplines. If the employee has one technical certification
in good standing and is receiving team pay, the member will receive assignment pay
for the second discipline if the employee has not been offered a training spot in the
required entry level Special Operations course within 6 months of accepting their team
position.

B. Employees who meet the Fire Department’s linguistic skill qualifications and become
certified, shall receive a premium of $75.00 per month.




C. It is understood that the pay rates set forth in Attachment “A” are interpreted to be
specific with regards to steps as implemented in the classification and compensation
and passed in Ordinance S-49802 by the City Council on May 31, 2023, except that
performance related items including, but not limited to, special merit increases, special
salary adjustments, demotions, assignment pay and extensions in merit pay
anniversary dates resulting from extended leave without pay, industrial, and
reinstatements may alter an employee’s step progression and monthly salaries as
indicated in Attachment “A.”

If an employee is not given his/her performance evaluation by the annual review date,
the employee may request his/her merit increase in writing by sending a memorandum
directly to the Human Resources Officer. If the performance evaluation is an overall
“met,” the request will be processed within 21 calendar days of submittal and will be
retroactive to the performance evaluation annual review date.

D. Employees assigned by the Fire Chief to staff assignments in authorized staff
positions (40 hours) will be entitled to 10% assignment pay if such assignment is to
exceed 2 consecutive pay periods, and shall continue to receive such assignment pay
for the duration of such assignment. This provision shall not apply to employees
attending recruit training or employees assigned to limited duty. Employees assigned
to authorized 40 hour staff assignments and who begin receiving staff assignment pay
shall also be eligible to continue all other current assignment pays provided all
required certifications are maintained. Employees assigned to limited duty shall
continue to receive holiday pay and FLSA/work week adjustments (Section 4-1,
Paragraph E, of Article 4) for the duration of their limited duty assignment, irrespective
of their actual work hours.

E. Employees assigned to any 40 hour staff positions shall receive 2 8 hour or 10 hour
professional development days per year depending on their schedule. The employee
shall decide the days and areas of development. These days shall be assigned
through the vacation signup process. No employee shall receive these days in addition
to the full amount of Local 493 days.

F. The Fire Department's 21-day pay schedule normally begins on C-shift Mondays. In
any leap year, ERSO, South Shift Command, Payroll and Local 493 will identify the
first and most appropriate "Payroll Monday" to switch to a leap year schedule. The
objective will be to balance out holiday shifts between A, B, and C shift.

In the event the Department and Local 493 mutually approve and implement
an alternative Operations schedule, such as the proposed 1-3-2-3 model, the
parties agree to collaboratively review and, if necessary, adjust the 21-day pay
schedule and corresponding shift rotation to ensure proper alignment with
payroll cycles and operational continuity. Any such adjustments shall be made
jointly by ERSO, South Shift Command, Payroll, and Local 493 through the




Labor-Management process.

G. Effective the first full pay period in July 2023, Unit 5 employees shall be paid Nightwork
Pay of $5.00 $7.50 per hour on all hours actually worked between 2200 hours and
0600 hours. No employee shall receive the hourly Nightwork Pay while on paid leave.

Nightwork Pay must be accounted for in base wage computations for the purposes of
any and all classification and compensation studies and comparisons.

The parties agree to evaluate this program during the term of the 2023-24 M.O.U.

H. Union Requested Job Classification Studies

1) The Union may submit a prioritized written request of classifications specific to
the unit that they wish to have studied each contract term. All written requests
shall include a full explanation of why the classification should be studied. This
explanation shall indicate whether the Union is requesting a full classification
study (including job levels and job architecture) or if the request is limited to a
compensation review to assess market competitiveness and grade and salary
levels. Requests from the Union will be prioritized with other standing requests.

2) The Union and the City have met regularly since the implementation of the 2023
class & comp study to resolve issues that resulted. As such, the Union and City
Human Resources Department (including representatives from the Class &
Comp Division) will meet with Union leadership monthly during the term of this
MOU to discuss issues arising from the 2023 citywide classification and
compensation study.

I. FEMA/USAR Deployment Wage Payment

Members who deploy on a FEMA or USAR event shall have wages paid within
30 days of return from the deployment.



Section 3-2. Productivity Enhancement Pay

A. In recognition of the significant increase in service delivery and cost savings to the
implement the following Productivity Enhancement Pay formula for employees:

1. In November of each calendar year and June of each calendar year, employees
who have completed at least 7 years of continuous full-time service and who meet
the additional qualifications specified in Section 3-1A of Article 3 shall be paid
$80.00, pro-rated and included each pay period in the qualifying unit




member’s/employee’s regular pay check throughout the year, for each full year of
continuous full-time service in excess of 5 years, up to a semi-annual maximum
of $2,000.00, annual maximum of $4,000.00 at 30 years.

2. Employees on industrial leave shall qualify for this payment for only the first year
of the industrial leave. However, the entire period of industrial leave shall qualify
as continuous service when the employee returns to active employment.

3. Adjustments to payments will be made as soon as possible but no later than 30
days of the qualifying date.

B. An employee must have achieved the overall performance rating of "meets
standards" on his latest scheduled performance evaluation on file in the Human
Resources Department.

C. An employee who receives a below "meets standards" evaluation shall receive
another evaluation within 90 to 120 days, and if that evaluation is "meets standards,"
he will be eligible for Productivity Enhancement Pay starting with the next qualifying
date.


Section 3-3. Overtime

A. Employees who are assigned to be and are on duty beyond their scheduled work
shift shall be compensated for such assigned overtime work at 1 ½) times their
regular rate, 56 hours or 40 hours, after the first 7 minutes of assigned and worked
overtime calculated to the nearest 1/4 hour.

B. Employees shall have the option of being paid in cash for overtime, or allow the
overtime to accrue as compensatory time up to a maximum of 168 hours for
employees working a 56 hour schedule, or 120 hours for employees working a 40
hour schedule.

C. Overtime compensation shall not be paid twice for the same hours worked.

D. Use of compensatory time shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.

E. Payment for time worked shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.

F. The provisions of Section 3-2 of Article 3 shall not apply where an employee is
assigned out-of-class to a non-Unit position.




G. Allocation and opportunities for overtime shall be discussed in the
Labor/Management process.

H. The Fire Department will maintain daily “peak time” opportunities on either 2 person
rescues or 4 person units on a peak time basis only. Special events staffing and
overtime opportunities outside of the 9-11 response system will not be counted as a
peak time opportunity.

This item reflects an agreement between the Fire Department and the Union in 1984
on the future staffing of the rescues. The increased work-load and responsibility of
the full time rescues was incented by agreement that there would be overtime
opportunities on peak time rescues. Further, the department was reorganized
through the RBO process in 1993 to enhance ALS and rescue capabilities throughout
the city. This reorganization included a pool of employees to staff back rescues and
guarantee that no new employee would have to work more than 200 shifts on a
rescue. Employees agreeing to be in this pool are then entitled to work on the peak
time rescues on an overtime basis when their name comes up in a rotation. The Fire
Department and Local 493 will continue to work jointly through the RBO Process to
determine the deployment of peak time units to ensure the greatest benefit to the
service delivery system and provide adjustments, when needed.

The parties acknowledge the existence of a current side agreement between the
Phoenix Fire Department and Local 493 regarding the deployment, staffing, and
operation of peak-time rescue units. Recognizing that this agreement is active but
not yet incorporated into the Memorandum of Understanding, both parties agree to
include this item as a standing topic during the Meet and Confer process for review,
clarification, and potential modification. Any mutually agreed-upon changes resulting
from these discussions shall be formally incorporated into this Memorandum of
Understanding upon ratification.


Section 3-4. Call Out Pay/Standby Pay

A. Call out time shall be at a minimum of 3 hours at 1 ½ times the employee’s regular
rate of pay, 56 hours or 40 hours depending on assignment, after the first 7 minutes
calculated to the nearest 1/4 hour. If a unit member/employee leaves a call out event
without authorization prior to the termination of the event, Section 3-2A of Article 3
shall not apply.

B. The provisions of this Section shall not apply where an employee is assigned out-
of-class to a non-Unit position.

C. Standby pay shall be compensated at five percent (5%) of the employee’s regular
hourly rate of pay for each hour assigned to standby status.




D. If an employee is called out while on standby, those hours shall be compensated
in accordance with the established Call-Out Pay formula which is noted above.



Section 3-5. Out-of-Class Pay

Pursuant to A.R. 2.201, 16 hours of out-of-class work on a shift for employees will
constitute a full shift of out-of-class assignment pay. There will be no out-of-class pay for
working less than 16 hours. Employees assigned to work out-of-class shall receive
compensation at a rate of five percent (5%) above their base salary for the duration of the
shift.
Employees who are deemed qualified to work in an out-of-class assignment shall receive
out-of-class assignment pay immediately upon performing the duties of the higher
classification. No minimum qualifying hours shall be required.

Employees on a 40 hour schedule will complete 11 shifts, 6 hours minimum of out-of-
class assignment, to satisfy the minimum qualifications for out-of-class pay.


Section 3-6. Sick Leave Conversion at Retirement

The following benefit will apply:

A. Definitions

1. "Qualifying Hours" - The minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are necessary
before an employee can participate in the benefit program.

2. "Base Number of Hours" or "Base Hours" - The number of hours of accrued and
unused sick leave credits which are uncompensated under Section 3-4 of Article
4 which the City will compensate the employee.

3. "Base Hourly Rate" - The base hourly rate of pay being paid at the time of
retirement to the retiring employee who qualifies for participation in the benefit
program.

B. Benefit and Eligibility

1. An employee that has between 1 – 1,259 hours of sick leave remaining in their
sick leave bank at the time of retirement, or the 40 hour equivalent, shall be
eligible for payment of an amount of compensation equal to his/her base wage for
50% of their hours.




2. An employee who has accumulated a minimum of 1,260 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or the 40 hour
equivalent, shall be eligible for payment of an amount of compensation equal to
his/her base hourly rate for 65% of their sick hours.

3. An employee who has accumulated a minimum of 1,800 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or 40 hour equivalent,
shall be eligible for payment of an amount of compensation equal to his/her base
hourly rate for 80% of their sick hours.

4. An employee who has accumulated a minimum of 2,400 hours, or the 40 hour
equivalent, or more of accrued and unused sick leave at the time of retirement
shall be eligible for payment of an amount of compensation equal to 100% of
his/her base hourly wage for all hours.

5. Effective July 1, 2014, and thereafter, an employee who has accrued at least 1286
hours for 56 hour members, or 919 hours for 40 hour employees, of unused sick
leave may elect to have 168 hours for a 56 hour unit member/employee, or 120
hours for a 40 hour unit member/employee paid out in a lump sum. Any unit
member/employee may only elect to exercise this benefit 3 times in their career,
and not more than one time in a fiscal year. Eligible employees may elect to buy
back their hours between July 1 and the last pay period in January each fiscal
year.

6. The payments described in numbers 1 through 5 above are not considered Final
Average Salary for purposes of pension calculations.

C. Administration

1. At the time of retirement or death of an active employee who is eligible for
retirement, the City's Employee Benefits Division, or such other individual or
agency as the City may designate, shall determine the employee’s eligibility and
the amount of accrued and unused sick leave to be compensated.

2. The employee shall verify in writing the computation of the Employee Benefits
Division.

2. In the event an employee’s eligibility for participation or the amount of
compensation is disputed, the dispute shall be submitted to the City Auditor for
resolution.
3. 100% of employees sick leave will be paid at the full hourly rate to
dependents/beneficiaries/survivors in the event of a Non-Line of Duty Death.






Section 3-7. Deferred Compensation and Defined Contribution Plans

A. The City shall contribute an amount equal to 4.42% 6% of each employee’s biweekly
gross pay to the City’s 401(a) Defined Contribution Plan. Pension contributions will
be made by both the City and the employee on the contributions.

B. At the employee’s separation, for either retirement or exiting the Deferred Retirement
Options Program, the employee’s sick leave payout amounts will be automatically
contributed into the City’s 401(a) plan. Any excess amount over the Internal Revenue
Code 401(a) plan contribution maximum limits will be automatically contributed into
the City’s 457(b) plan. Any portion of the excess amount that cannot be contributed
to the 457(b) plan because of Internal Revenue Code 457(b) plan contribution
maximum limits will be paid as taxable income. The 401(a) Plan Document as
approved by the Deferred Compensation Board will be the governing document.


Section 3-8. Non-Direct Payment of Compensation or Benefits

Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member/employee have been negotiated in
place of a direct payment and costed as part of the overall economic package. Examples
include, but are not limited to: life insurance, 493 and Personal Development Days, long
term disability insurance, leave payouts, member donated release time, etc.



Article 4. Hours of Work/Working Conditions


Section 4-1. Hours of Work

A. The duty hours for employees assigned to Operations or Emergency Services,
excluding 40 hour staff assignments, shall continue to average 56 hours per week.
Shifts shall continue to be 24 and/or 48hours hours in duration. Both parties
acknowledge that discussions within the RBO process regarding alternative
scheduling models, including the proposed 1-3-2-3 schedule, are ongoing, and agree
to continue collaborative efforts to evaluate, refine, and formally codify any mutually
agreed-upon changes to duty hours and shift structure through future amendments
to this Memorandum. Any such implementation shall be designed to ensure cost
neutrality to the City while guaranteeing that no Unit 5 member experiences any
reduction in annual compensation or benefits as a result of the transition, and shall
be executed in a manner that maintains the Department’s operational readiness,
service delivery standards, and commitment to public safety.




B. The work hours and schedule of employees assigned to an administrative staff
assignment (Non-Operations/56-hour schedule) shall be 5 8 hour days (excluding
authorized meal breaks), or 4 10 hour days (excluding authorized meal breaks) at the
preference of the employee, subject to operational needs and mutual agreement with
the Department.


The work hours and schedule of employees assigned to the Fire Investigations
Section may only be mutually changed by the Fire Chief and the Union President
through the Labor-Management process. Fire Investigation employees will be
assigned to one of two 40-hour schedules that may include a 4/10 or a modified A,
B, C shift schedule. All schedules will equal a 40-hour work week. All Fire
Investigators, regardless of schedule will be paid overtime at the 40-hour rate.

C. Fire Investigation employees assigned to the modified shift schedule will be required
to work on City paid holidays when their regular schedule shift occurs on that day.
Those employees required to work on a City holiday as a result of the shift schedule
will receive pay in lieu of time off. The Fire Department shall continue its long-standing
practice of using sworn Fire Captains as Fire Investigators.

The Fire Department will attempt to maintain staffing levels of the Investigations
Section, in order to provide for investigatory needs of the Department. The staffing
level shall be a minimum of 4 investigators on A, B, and C shift as soon as 15
investigators are fully trained. Any future proposed staffing level recommendations
will be discussed through the labor/management process. A maximum of one
vacation shift will be allowed per shift for those employees assigned to the modified
A, B, C shift schedule, unless pre-approved by department head or designee. If
implementation of the proposed 1-3-2-3 schedule requires adjustment to the Fire
Investigation Section’s work schedule, both parties will collaborate through the Labor-
Management process to ensure any change remains cost neutral to the City and does
not reduce member compensation, benefits, or operational effectiveness.


C. When an employee is required to change from one type of a schedule to another by
the Fire Department, the Department shall allow a minimum of 16 hours between
tours of duty.

D. The work week for employees on a 56 hour schedule shall be 53 hours. Employees
will continue to work the existing 56 hour schedule. Employees working the existing
56 hour schedule will be compensated as follows: Provided, however, that if the 1-3-
2-3 schedule currently under consideration in the RBO process is adopted after full
review and agreement by both the members and the organization, the listed monetary
figures may be adjusted as necessary to ensure that Unit 5 members experience no




reduction in their annual compensation.


1. The first 53 hours will be paid at the base 56 hour rate.

2. The 54th hour will be paid at 1 ½ times the regular hourly rate.

3. The 55th and 56th hours will be paid at 2 times the base 56 hour rate.

E. Employees attending a Department Sponsored Training Programs or courses may
be placed on one of two optional training schedules, based upon Operational,
Training, and budgetary considerations:

Schedule 1. Employees may be placed on a 40-hour work week schedule and be
entitled to a 10% increase in pay in accordance with Section 3-1 (H) of this
Memorandum of Understanding. Employees shall be paid on a 40-hour work week
until completion of the respective Training Program. In the event an employee
attending the Training Program does not receive their regular Local 493 Days (as per
Section 3-1 (I) of this Memorandum of Understanding), any missed Local 493 Days
will be re-scheduled prior to the employee’s return to the Operations Division.

Schedule 2. Employees may remain on their normal Operations schedule (A, B, or
C Shift) and be provided paid Fire Department leave to attend the Training Program
when their training is scheduled on shift. When members are required to attend
training on their days off, employees will be compensated at 1 ½ times their regular
rate for the hours they are in attendance. Compensation and Local 493 Days will
remain the same as any other employee assigned to a 56-hour work week. The
decision to utilize Schedule 1 or 2 will be discussed in a labor/management setting.

F. Each 56 hour unit employee shall receive 8 shifts off per year, referred to in this MOU
as Local 493 days. This will allow for an hours reduction without specifying a specific
number of hours in this reduction or reducing current rates of pay, FLSA, or hours
reduction pay as specified in Section 4-1, Paragraph E, of Article 4. The rotation
system shall be worked out between the Fire Chief and the Union President with the
consent of the Labor Relations Division. These Local 493 Days shall be awarded
based on total seniority as a sworn member of the Fire Department. Unit 5
employees may submit a request to work a Local 493 day. Management may hire
members to work a Local 493 day in the event the constant staffing process is utilized
to meet minimum staffing requirements. Employees who work a Local 493 day must
work the entire 24-hour shift and shall be compensated at a rate of one and one-half
(1½) times their regular rate of compensation, in addition to their regular pay.
Employees shall have the option of being paid cash or allow the compensation to
accrue as compensatory time as governed by the current MOU.






Section 4-2. Shift Trades

Two (2) employees serving in the same classification may be granted the opportunity to
exchange shifts up to a maximum of 45 such exchanges per employee in a contract year.
Shift exchanges shall not qualify an employee for premium overtime payment and cannot
be repaid in any other form of compensation. All employees seeking shift exchanges
(AWRs) must be current with all certifications and required training before being approved
for the exchange. All shift exchanges are subject to the approval of the Fire Chief or
his/her designee and shall be in conformance with regulations issued by the Fire Chief.


Section 4-3. Filling Vacancies

The Fire Chief will endeavor to permanently fill vacancies in regular positions, that are
duly authorized to be filled, expeditiously within limitations imposed on him by
administrative and operational factors, and thereafter, consistent with applicable Civil
Service Rules, based on length of service by classification when fitness and qualifications
of interested employees for the particular vacancy are deemed to be equal by the Fire
Chief. When requested, departmental management shall indicate the reason why an
employee was or was not transferred into a vacancy as part of Labor-Management
Committee proceedings. "Vacancy" hereunder is defined as a regular opening in any
position created by death, retirement, dismissal, promotion, demotion, creation of a new
regular position or transfer, provided, however, that with the filling of staff positions, all
applicants shall be considered, and the Fire Chief shall make the final determination.

A. The parties agree to a leave management ratio of thirty-three percent (33%) as the
standard benchmark for managing all leave across Operations.
B. In the event that any classification (Firefighter, Engineer, or Captain) falls below five
percent (5%) of the established thirty-three percent (33%) relief rate, employees from
other classifications may be utilized through Constant Staffing to fill temporary
vacancies as needed to maintain safe and effective operational staffing levels.
C. This provision is intended to promote balanced leave utilization, equitable workload
distribution, and continuity of service while minimizing the need for excessive callbacks,
mandatory holds, or unplanned overtime. The parties agree to review this ratio
periodically through the Labor–Management process to ensure it remains effective and
operationally appropriate.
______________________________________________________________________


Section 4-4. Vehicle Assignment for Budgeted 40-Hour Positions


A. All members assigned to true or budgeted 40-hour positions (excluding Fire




Investigators not on Day Shift) shall be provided a staff vehicle or an equivalent car
allowance, consistent with the operational needs and expectations of their assignment.
B. This provision ensures parity and recognition of the additional responsibilities
associated with full-time administrative and staff assignments. Vehicle assignment or
allowance for these positions shall not be subject to discretionary approval when the
position is formally budgeted and designated as a 40-hour assignment.
C. In cases where a staff car is unavailable, the Department shall provide a monthly car
allowance equivalent to the standard rate established by the City for comparable
administrative assignments.



Article 5. Benefits


Section 5-1. Health Insurance

A. The City and Union agree to maintain the current 80/20 split for health insurance for
both single and family coverage. If there is a rate increase or decrease in the second
year of this M.O.U., the City shall pay 80% of the new monthly contribution and the
employee will pay 20%.

B. In the event Congress or the State of Arizona passes legislation which considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.

C. The City shall provide the Basic Medical Reimbursement Plan (MERP) benefits to
MERP eligible Unit retirees and to those employees who are hired before August 1,
2007 and are eligible to retire no later than August 1, 2022 at no less than $202.00
per month. The City also contributes an additional $50 toward City retiree family
medical coverage; this credit is applied directly to the retiree’s premium deduction.
Any employee hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.

D. Additional MERP amounts will be paid to eligible retirees for the following categories:

RETIREE COVERAGE – RETIREE NOT ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor
w/family coverage – with family coverage
Only NOT on
any dependent NOT – all dependent(s)
Medicare
on Medicare ON Medicare
HMO OR PPO
$105 $325 $210
COVERAGE





RETIREE COVERAGE – RETIREE ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor w/family coverage – with family coverage
Only - ON Medicare any dependent NOT – all dependent(s)
on Medicare ON Medicare
HMO OR PPO
$90 $195 $185
COVERAGE

These MERP amounts are what the City agrees to pay. It is solely at the discretion
of the City Manager to increase these amounts in the future.
1) additional MERP amounts shall be paid to Non-Medicare
retirees who obtain single or family health coverage.
2) The City will continue to provide a Medicare Supplement Plan
for Medicare eligible retirees and dependents as well as
survivors and will continue the additional MERP amounts as
specified above.

E. No more than one time per calendar year, the City will provide Unit 5 mutually agreed
upon healthcare data within a reasonable time, once requested. Local 493 Consultant
required data will be furnished within a reasonable time with secure data transmission
provisions in place.

F. Saver’s Choice and PPO deductibles that are met in the last quarter of a calendar
year for a high cost claim will be carried over to the following calendar year.

G. HSA Seed Money for individual and family health care coverage will be deposited in
full to the member’s HSA accounts in January as is the policy now.


H. Proposed Formulary changes shall be discussed with Local 493 Member Benefits
prior to implementation.



Section 5-2. Dental Insurance

A. At a minimum, the dental insurance plan shall include a PPO option that consists of
100% payment of reasonable and customary charges covered for preventive and
preventive-related diagnostic services, and 80% payment of reasonable and
customary covered charges for basic services and major services. At least one plan
shall also include an orthodontia benefit providing for 80% payment of reasonable
and customary charges up to a maximum lifetime benefit of $4,000.00 per person.
Dental plans may be subject to deductibles and limitations contained in the contract
between the dental insurance carrier and the City of Phoenix. For the PPO and HMO
dental plans, the City shall continue to pay 100% of the premium costs for single




employees for employees enrolled in the base dental HMO or PPO plan (employee
only coverage), and 75% of the premium costs for employees and their qualified
dependents (family coverage). Enrollment in prior City of Phoenix Dental Plans
counts towards major services time limit exclusions.

B. In the event Congress or the State of Arizona passes legislation that considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.


Section 5-3. Life Insurance

A. The City will continue the existing off the job and on-the job life and dismemberment
insurance coverage. The policy shall provide a benefit for each employee equal to
the member’s base annual salary. In addition, the City will continue the existing death
in the line of duty insurance of $75,000.00. Additionally, the City will provide to each
employee a $200,000.00 death benefit covering the employee’s commutation to and
from his City work location. This policy will cover the employee’s commute for up to
2 hours before his shift begins, and 2 hours after his shift concludes.

B. In the event of the death of an employee while commuting to or from his work location,
for a period of 2 hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be
consistent with the payment of a supplementary commutation life insurance policy for
each employee.


Section 5-4. Long Term Disability Insurance

The City will offer a long-term disability benefit for all full-time, regular unit
members/employees pursuant to A.R. 2.323 as may be amended (providing that such
amendments shall not be in conflict with the MOU). Employees who have been
continuously employed and working on a full-time basis for twelve consecutive months
are eligible to apply for long term disability coverage. After an established 90 calendar
day qualifying period, the plan will provide up to 66 2/3% of the employee's basic monthly
salary at the time disability occurs and continue up to age 75 for employees who have
been employed full-time for 36 months and one day. This benefit will be coordinated with
leave payments, industrial insurance payments, unemployment compensation, social
security benefits and disability provisions of the retirement plan.

Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than 30 months.


Section 5-5. Holidays, Vacations, and Donated Vacation Leave




A. Bank of Donated Leave

1. Each unit member/employee may complete a form to voluntarily donate vacation
leave time for a specified number of hours, not to exceed the maximum number
of hours as noted in Section 5-5, Subsection A, 3. These forms will be processed
on July 1, October 1, January 1, and April 1. The voluntary donation will continue
each subsequent year on the second paycheck in July, unless revoked by the
unit member/employee. This donated time is to be used by union officers and
representatives for Union-related activities as determined by the Unit 5 Union
President and Executive Board. It is recognized that all hours negotiated in lieu
of additional pay and benefits have been donated by the members of Unit 5 from
their bank of vacation leave. By filling out and submitting a voluntary donation
form, each unit member/employee is clearly and affirmatively consenting to the
donation of the stated number of hours from their bank of vacation leave.

2. The total hours donated by the members of Unit 5 will be considered the
maximum number of hours available for donated hours under Article 5, Section
5-5.

3. The maximum number of hours that may be donated by any Unit member is 100
hours per fiscal year.

4. Only members of Unit 5 may donate hours to the Unit 5 bank of hours; Unit 5
may only accept donated hours from Unit 5 members.

5. No union member may use more than 120 hours of donated time during any one
pay period.

6. Donated time does count towards hours worked for overtime purposes.

7. Examples of work performed by representatives on member donated release in
support of the City include ensuring representation during administrative
investigations and grievance/disciplinary appeal meetings with management;
assisting unit members/employees in understanding and following work rules;
administering the provisions of the Memorandum of Understanding; organizing
and participating in charity functions within the greater Phoenix area to aid our
communities. Member donated release is also used for authorized
representatives to attend Union conferences, meetings, seminars, training
classes, and workshops so that representatives better understand issues such
as City policies and practices, conflict resolution, labor-management
partnerships, and methods of effective representation, or any other purpose
authorized by the President or Executive Board.

B. The City agrees to incorporate into the Memorandum the benefits provided under




Administrative Regulation 2.11 as amended, indicating the following holidays:

1. New Year's Day
2. Martin Luther King's Birthday
3. President's Day
4. Cesar Chavez Birthday (March 31)
5. Memorial Day
6. Juneteenth Day
7. Independence Day
8. Labor Day
9. Indigenous Peoples’ Day
10. Veteran's Day
11. Thanksgiving Day
12. Friday after Thanksgiving
13. Christmas Eve Day (6 hours for 56-hour employees and 4 hours for 40-hour
employees).
14. Christmas Day

Employees working a 56 hour or 2912 (493 days included) per year schedule shall
receive 12 hours pay or compensatory time each holiday.

Unit employees assigned to a 4/10 work schedule shall not be required to modify
their schedule or submit documentation to account for the two (2) hours of paid leave
associated with City holidays.

C. Employees will continue to receive holiday pay while on industrial leave.

D. The parties recognize the importance of maintaining adequate vacation
availability to support member wellness, morale, and operational efficiency. In
recognition of the recent budget authorization to hire additional sworn
Firefighters, the City agrees that the number of available vacation slots shall
increase proportionally with overall sworn staffing levels.
E. Specifically, for every twenty-five (25) newly authorized sworn Firefighter
positions added to the Department, one (1) additional vacation slot shall be
created and allocated to the vacation leave management system.
F. This provision ensures that the ratio of available vacation leave to total sworn
personnel remains balanced as the Department grows, preventing the erosion of
negotiated benefits and supporting the continued health, safety, and retention of
all members.

G. Effective January 1, 1987, vacation accrual for employees with less than 5 years shall
be increased to 11.2 hours per month, or the 40 hour equivalent. Vacation accrual
for all other employees shall remain the same as currently authorized.





H. Employees covered by this M.O.U. shall be permitted to sell back up to 80 hours total
per M.O.U. year of accrued vacation leave to the City at the employee's regular
straight-time hourly rate. This benefit shall not exceed a total of 80 hours and may
be used as follows: 40 hours on the last pay period in November and/or May of each
M.O.U. year. Employees will only be permitted to sell back an amount of accrued
vacation hours that would not result in their total bank of hours to drop below 150 or
210 hours, depending upon the work schedule.

I. Effective July 1, 2014, and thereafter, an employee who has accrued at least 312
hours, or 223 hours for 40-hour employees, may elect to have 252 hours of vacation
for a 56 hour unit member/employee or 180 hours of vacation for a 40 hour unit
member/employee paid out in a lump sum or converted into their comp bank. Any
unit member/employee may only elect to exercise this benefit 4 times in their career,
and not more than one time in a fiscal year. This payment is not considered Final
Average Salary for purposes of pension calculations. Eligible employees may elect
to buy back their hours between July 1 and the last pay period in January each fiscal
year.

J. Employees may donate accrued vacation leave to other City employees who are on
medical leave and who have exhausted all of their paid leave based on guidelines
contained in A.R. 2.144, with the understanding that no employee shall receive more
than 12 months of donated time.

K. Employees who have less than 40 hours vacation may buy up to 120 hours personal
leave. The cost of the personal leave shall be 110% of the employee’s base hourly
rate. Such personal leave use and purchase shall not impact positively or negatively
on the employee’s pension or any other benefits.

L. On the second paycheck in July of every year, every unit member/employee will
receive 8.5 hours of vacation time, in addition to their other accruals, added to their
vacation leave. This benefit will continue in perpetuity until otherwise agreed upon in
good faith, by Unit 5 and the City, through the Meet and Confer process.

M. Military Leave

Pursuant to ARS 26-168, ARS 38-610, and A.R. 2.39, employees who are
members of the Arizona National Guard or the Reserves of the United States
Armed Forces, will be entitled to a leave of absence from their duties for a period
not to exceed 30 days in two consecutive years when they are engaged in ordered
annual training or to attend camps, maneuvers, formations, or armory drills under
orders of any branch, including the reserve or auxiliary. A day is defined as a shift
of work.

N. Local 493 Days for Industrial Injuries





Unit 5 members who sustain an approved industrial injury arising out of and in
the course of their employment shall continue to receive four (4) Local 493 Days
per calendar year in recognition of their service and the nature of their injury. This
entitlement shall apply provided the member returns to active duty prior to the
end of the calendar year. Local 493 Days granted under this provision shall not
carry over into the following year and must be used within the calendar year in
which the member returns. This provision acknowledges that Local 493 Days
were secured through prior contract negotiations in lieu of additional pay and
benefits and reflects the parties’ shared commitment to honor members injured in
the performance of their duties.

O. Military Service Time Reinstatement

PSPRS Non- Credited Service to be changed to Credited Service with employer
contributions transmitted to PSPRS within 30 days of returning to PFD service
following return from a military call up, deployment or required service.

Section 5-6. Uniforms

A. In lieu of the $135.00 per employee per year amount which was previously paid by
the City to the Fire Department for additional uniform items, employees will now
receive an equivalent annual uniform allowance amount of $129.75. Payment of this
uniform allowance will be made on or about August 1 of each MOU year. Such
payment will be made to cover the cost of uniforms, maintenance, and cleaning of
such uniforms.

B. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform. The second uniform
allowance, received at the start of the next fiscal year, will be equal to 1/12 of the
annual uniform allowance for each month of the preceding fiscal period, starting with
the first month the employee was directed to wear and maintain a uniform, to the start
of the new fiscal year.

Prior to entering the Fire Academy, the Fire Department will furnish all new Firefighter
Recruits with the following:

• 3 long sleeve red shirts
• 3 short sleeve red shirts
(Recruits can select any combination of the long and short sleeve shirts noted
above – not to exceed a total of six red shirts)
• 3 pair of blue fatigue pants
• 5 blue physical training (PT) shorts
• 1 pair of blue sweatpants




• 1 red sweatshirt (seasonally dependent)
• 1 belt
• 1 pair of OSHA/ANSI approved work boots; and,
• All necessary PPE’s required to participate in Fire Academy functions.

The Fire Department will provide a full Class A dress uniform upon successful
completion of the Fire Academy and promotion to Firefighter to include the following:

• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie
• 1 approved Class A belt
• 1 approved Class A pair of shoes
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform; and,
• All necessary PPE’s required to participate in field functions.

Additionally, any Captain RTO (Recruit Training Officer) or Firefighter Mentor
(Firefighter or Engineer) assigned to the Recruit Training Academy will be provided
a full Class A uniform (one time purchase) if the member has not already purchased
one.

Upon promotion to Fire Engineer or Fire Captain, the Fire Department will provide a
full Class A uniform to include the following:

• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie; and,
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform.

The Fire Department will provide a Class A uniform to the Unit 5 member as a “one
time only” purchase based upon whichever qualifying criteria previously listed is
initially met. Until all Unit 5 members have been provided a Class A dress uniform
by the Fire Department, no additional Class A dress uniforms will be issued to
members who have already received the benefit. Labor and Management will
continue to discuss funding options for additional Class A dress uniforms and the
implementation plan for the new uniform language outlined above.

Labor and Management will meet to discuss an implementation plan for the new




uniform language outlined above.

C. Employees who leave Department employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month remaining
in the fiscal year after the last day of the month in which the separation occurs.
Provided, however, that employees who retire after August 31 will not be requested
to repay any uniform allowance.

D. An employee who has been on extended leave (paid or unpaid) of 2 months or longer
shall have the next annual uniform allowance reduced by 1/12 of the annual
allowance for each month of extended leave.


Section 5-7. Tuition Reimbursement and Professional Development

A. Employees who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:

1. The maximum sum reimbursable to employees each fiscal year shall be $6,500.

2. To be eligible for any reimbursement, employees must have successfully
completed academic or training courses approved in advance by the Fire Chief
and the Human Resources Director and meet the requirements of A.R. 2.51 as
may be amended, provided such amendments are not in conflict with the M.O.U.

3. Unit members shall be allowed to use up to $2000 of their reimbursement benefit
for job-related seminars, workshops, and professional memberships each fiscal
year.
B. Members shall receive up to 40 paid hours per year for professional certification,
training or fire service career advancement courses.


Section 5-8. Wellness, Health and Fitness

A. For each employee, the City of Phoenix shall contribute $2.00 per month to a fitness
fund to maintain and purchase fitness equipment for fire stations which has been
charged against Unit 5’s contract. The Fire Department will also contribute $2.00
each month per member to the fitness fund. The fund will be maintained by the City
and Fire Administration. The Health and Fitness labor management committee shall
oversee the funds and purchase equipment after reviewing input from all Fire
Department personnel.

B. The Phoenix Fire Department Honor Guard is a professional organization that
represents the Fire Department at official events, memorial services, and fire fighter’s
funerals. Through the work of the United Phoenix Fire Fighters Association, a




registered 501c-3 non-profit association (ID#866053047), the Honor Guard provides
public education and community service. In order to help pay for the expenses
incurred by the Honor Guard members in the performance of their duties, the City will
contribute twenty-five thousand dollars $50,000 into a fund for each M.O.U. year. The
President of the Union or his designee will manage this fund. The City Auditor
Department may conduct annual audits of this fund. Any payments not adequately
supported by the documentation of expenses will be returned to the fund by the Fire
Union.


Section 5-9. Worker’s Compensation

A. Employees who agree to participate in the Fire Department's health centers
consultation and rehabilitation programs shall continue to receive 100% of their
current rate of pay while off-duty due to an industrial injury based on current practice
which is a maximum of 1 year per injury, thereafter the rate becomes 66-2/3%. This
shall apply to catastrophic injury, line-of-duty cancer, cardiac incidents, and other
occupational diseases.
i.

B. If there is a disagreement in treatment between the Fire Department physician and
the employee's physician, the (2 physicians shall agree on a third physician whose
decision shall be the final authority. Employees who refuse to adhere to the above
conditions shall only receive 66-2/3% based on current state law and the current
maximum monthly rate allowed. If an employee receives 66-2/3%, he/she may use
sick leave, vacation, or compensatory time to make up the difference between 66-
2/3% and 100%.

C. Should the Union believe that a dispute in jurisdiction is unduly delaying a Worker’s
Compensation claim, or if the Union believes the City needs to provides greater
assistance to an employee trying to reopen an old claim, the Union may request a
meeting with City Worker’s Compensation staff (provided the involved employee
signs a release to do so) and such meeting will be scheduled within 14 calendar days.

D. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 5 (represented by Phoenix Fire Fighters Association Local 493).

E. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave paid
as industrial injury/illness (e.g. Workers’ Compensation).

F. Members who have applied for Public Safety Retirement System Disability Benefits
will be provided with TWA assignments until the disposition of their case with the
Phoenix Local Fire Pension Board.





G. Members on Industrial Injury Full Pay status shall continue to accrue biweekly
Compensatory Time if requested by the member.

H. In the event of a decision by an Industrial Commission of Arizona Administrative Law
Judge awarding benefits in an Industrial Injury Claim that had been previously denied,
all personal leave time used by the member will be reinstated to the appropriate
personal leave banks within 30 days.

I. For those members who are required by a City of Phoenix approved Independent
Medical Examiner to have any type of invasive procedure, a policy shall be developed
on care and treatment and responsibility in the event of complications or adverse
reactions that develop from such a procedure.




Section 5-10. Employee Benefit Trust Fund

A. Effective July 1, 2023, the existence of the Employee Benefit Trust Fund is continued
for the term of this Memorandum of Understanding. The City will contribute $68 per
employee, per month, ($31.385 per pay period) into the Fund for the purpose of
providing a monthly stipend to retirees to apply to the costs of their health and/or
dental insurance, a funeral expense benefit for employees and retirees, and such
other benefits as may be lawfully provided, as determined in the discretion of the
Trustees. The City's contribution will be matched by a $29 per pay period to the same
fund made by each employee.

B. The Trust Fund shall be managed and administered by a Board of five (5) Trustees
selected as follows:

1. Two (2) Trustees shall be appointed by the City Manager;
2. Two (2) Trustees shall be appointed by the Phoenix Fire Fighters Association,
Local 493; and
3. One (1) Trustee, who shall serve as Chairperson, shall be selected by the four (4)
appointed Trustees specified above.

C. The Trust Fund shall be invested in prudent, protected investments in compliance
with applicable law. The Trustees may seek such outside, independent advice and
consultation as they shall deem appropriate.

D. The Fund Trustees may adopt such rules and regulations for their Plan of Benefits
as they deem appropriate and are authorized to secure a formal trust instrument. The
trust instrument and any amendments thereto, must be specifically approved by the
City Manager and the Union before they can become effective.




E. Sums contributed to the Trust Fund shall be tracked with each employee being
assigned a notional account which records the contributions made by such employee.
All amounts in the Fund, together with any earnings thereon, shall be available for
distribution as specified in the rules and regulations of the Plan of Benefits adopted
by the Trustees. The Trustees shall have authority, consistent with their duties as
Trustees, to amend the Plan of Benefits from time to time, including the authority to
reduce or suspend benefit levels if required by the level of funding available. In no
event will any benefit specified at any time in the Plan of Benefits be considered non-
forfeitable. Benefits may be insured by a contract of insurance, but there is no liability
upon the City, the Union or the Board of Trustees or its constituent members to
provide benefit payments over and beyond the amounts in the Fund collected and
available for such purpose.

F. Any Fund participant who separates from the bargaining Unit prior to retirement, or
who promotes out of the Unit shall receive an amount equal to all of his or her or her
contributions to the Fund, plus interest based on the average annual interest earned
by the Fund, but shall receive no other benefits and have no other claim on the Fund.
Notwithstanding the foregoing, the Trustees may: (1) permit participants who promote
out of the Unit to continue participation until retirement; and (2) permit participants
who have severed employment to be reinstated in the Fund; either upon such terms
and conditions as the Trustees may require.

G. Upon the death of any employee or retiree, the Fund will provide a benefit to assist
with funeral expenses in an amount to be determined by the Trustees. The Fund
Trustees may determine to provide to a surviving spouse of a deceased employee or
retiree a monthly stipend for application to the cost of their health/dental insurance.

H. The Trustees shall prepare a booklet describing the Plan of Benefits for circulation to
employees and retirees, and shall prepare and circulate, in like manner, a summary
of any modifications made to the Plan of Benefits during the term of this Memorandum
of Understanding.

I. If the Trust Fund is terminated for any reason, undistributed funds shall be distributed
to those individuals (whether active or retired) who contributed to the Fund. Such
distribution shall be pro rata based on the amount of the contribution of such
individuals to the Fund less any disbursements they have received under the Plan of
Benefits.

J. Payments to retirees from the Trust Fund shall be in addition to current City
contributions to retiree health insurance premiums.

Section 5-11. Housing Incentive for City Residency
A. In recognition of the value of having sworn Fire Department personnel residing




within the City of Phoenix, the City agrees to establish a Housing Incentive
Program designed to encourage and support Unit 5 employees who choose to
make their primary residence within City limits.
B. Eligible employees who purchase a primary residence within the City of Phoenix
shall receive a one-time housing incentive payment of three thousand
dollars ($3,000) to assist with closing costs or other housing-related expenses
associated with establishing residency.
C. This incentive shall be available to employees who have completed their
probationary period and who agree to maintain their primary residence within
City limits for a minimum of five (5) years following receipt of the incentive.
D. The intent of this program is to strengthen community ties, enhance emergency
response readiness, and contribute to local economic vitality, while supporting
firefighter recruitment and long-term retention.
E. This incentive shall apply prospectively only and shall not be retroactive to
employees who purchased or established residency within the City prior to the
effective date of program implementation.
F. The parties agree to collaborate through the Labor–Management process to
finalize program administration, eligibility verification, and fiscal alignment.

Section 5-11. Fatigue, Safety, and Behavioral Health


A. Creation of a Labor-Management Fatigue Study Committee. This committee
will review and make recommendations for shift length, rest, and mandatory
overtime practices.

B. Establish a joint Labor/Management wellness committee. This committee will
provide peer-support and employer funded counceling due to the looming
sunsetting of the Craig Tiger act. All peer support shall be confidential.



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 a 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. In the event the
decision of the court in Cheatham, et al v. Gordon, is stayed, reversed, vacated or
otherwise not given effect in whole or in part, by any court, then the City agrees to
meet and confer within 30 days of said ruling with Unit 5 to resolve any additional




issues resulting from the ruling of the court. The basis for negotiations will be the
document dated April 13, 2014, Proposed Unit 5 Addendum.

B. It is recognized by the parties that the provisions of the Fair Labor Standards Act are
currently applicable to certain of the wage and premium pay provisions of this M.O.U.,
and that this M.O.U. shall be administered in compliance with the FLSA for so long
as the Act is applicable.

C. Nothing contained in the Memorandum shall preclude the parties from being in
compliance with the requirements of the Americans with Disabilities Act.


Section 6-2. Printing of M.O.U.

Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be amended.
Printing of the M.O.U. shall be done by a Union printer only.


Section 6-3. Fire Watch

A. Whenever a Fire Department employee is required by the Fire Marshal or requested
by a private party, to perform a fire watch, standby, or other associated duties for Fire
Code compliance, such opportunities shall first be offered to Unit
members/employees. Such work shall be offered to those members that are suitably
qualified and who volunteer for such duty during their off-duty hours within a rotation
system approved by the Fire Chief after consultation with the Union. In the event that
no employee accepts such work, or in case of emergency, such work shall be offered
to qualified non-Unit employees. It is understood that the rate of payment shall be at
1 ½ times the employee’s base 40 hour rate, except in cases where non-Unit
employees are utilized in which case payment shall be at 1 ½ times the non-Unit
employee’s base 40 hour rate. For purposes of Section 6-3, Article 6 only, the terms
"qualified" is defined as follows:

1. "Qualified" shall mean any employee of the Fire Department who is familiar with
the Fire Code and has successfully completed the Fire Watch training program
provided by the Department.

2. “Emergency” shall mean any fire watch situation that cannot be pre-scheduled.

Section 6-4. Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2026, up to the beginning of the first




regular pay period commencing in July 2028.

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 to
take effect during the term or extensions thereof.

C. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. Throughout the term of this Memorandum, the City and the union may
jointly decide to participate in Labor-Management meetings to discuss items of
mutual interest on an as-needed basis.

D. It is intended by the parties hereto that the provisions of this Memorandum shall be
in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Fire Chief, and other City boards and
officials, and these provisions shall be interpreted and applied in such manner.

E. The Union recognizes the powers, duties and responsibilities of the Fire Chief as set
forth in the Charter and Ordinances and that pursuant thereto the Fire Chief has the
authority to establish rules and regulations applicable to the operation of the Fire
Department and to the conduct of the employees and officers employed therein,
subject to the express provisions of this Memorandum.

F. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the Meet and Confer proceedings resulting in the Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the Fire Chief, the City Council or the City Manager.








IN WITNESS WHEREOF, the parties have set their hands this



_________________________________________________________________
Bryan Willingham, President, Phoenix Fire Fighters Association Local 493


_________________________________________________________________
Jason Perkiser, Assistant Human Resources Director


_________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


_________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED AS TO FORM:


_________________________________________________________________
City Attorney, City of Phoenix



Local 493 Team: City of Phoenix Team:
Bryan Willingham, President Jason Perkiser, Assistant HR Director
Ben Lindquist Tim Gammage Sr., Assistant Fire Chief
Tim West Raymond Ochoa, Assistant Fire Chief
Tim Gammage Jr. Paul Moore, Battalion Chief
Mike Brannan Keith Slattery, Deputy Chief
Scott Crowley Julie Taylor, Human Resources Supervisor
Patrick Cardenas Brianna Aceves, Admin. Assistant II (Coordinator)
Scott Porter Jennifer Flaherty, Secretary, (Scribe)
Brian Mike Saylor
Brian Moore
Gabe Orosco
Elliott Simmons
Matt Shaughnessy




ATTACHMENT A
HOURLY PAY RATES



HOURLY PAY RATES
Effective July 8, 2024


FIREFIGHTER
56-HOUR 40-HOUR
GRADE 545 GRADE 549

STEP HOURLY RATE STEP HOURLY RATE
11 $19.636 11 $30.31
12 $20.614 12 $31.82
13 $21.650 13 $33.41
14 $22.729 14 $35.08
15 $23.864 15 $36.84
16 $25.057 16 $38.68
17 $26.314 17 $40.61


FIREFIGHTER/SO
56-HOUR 40-HOUR
GRADE 547 GRADE 551

STEP HOURLY RATE STEP HOURLY RATE
11 $20.614 11 $31.82
12 $21.650 12 $33.41
13 $22.729 13 $35.08
14 $23.864 14 $36.84
15 $25.057 15 $38.68
16 $26.314 16 $40.61
17 $27.629 17 $42.64








FIREFIGHTER HMT & TRT
56-HOUR 40-HOUR
GRADE 549 GRADE 553

STEP HOURLY RATE STEP HOURLY RATE
11 $21.650 11 $33.41
12 $22.729 12 $35.08
13 $23.864 13 $36.84
14 $25.057 14 $38.68
15 $26.314 15 $40.61
16 $27.629 16 $42.64
17 $29.007 17 $44.77


FIREFIGHTER/PARAMEDIC
56-HOUR 40-HOUR
GRADE 549 GRADE 553

STEP HOURLY RATE STEP HOURLY RATE
12 $22.729 12 $35.08
13 $23.864 13 $36.84
14 $25.057 14 $38.68
15 $26.314 15 $40.61
16 $27.629 16 $42.64
17 $29.007 17 $44.77


FIREFIGHTER SO/PARAMEDIC
56-HOUR 40-HOUR
GRADE 551 GRADE 555

STEP HOURLY RATE STEP HOURLY RATE
12 $23.864 12 $36.84
13 $25.057 13 $38.68
14 $26.314 14 $40.61
15 $27.629 15 $42.64
16 $29.007 16 $44.77
17 $30.457 17 $47.01


FIREFIGHTER HMT & TRT/PARAMEDIC




56-HOUR 40-HOUR
GRADE 553 GRADE 557

STEP HOURLY RATE STEP HOURLY RATE
12 $25.057 12 $38.68
13 $26.314 13 $40.61
14 $27.629 14 $42.64
15 $29.007 15 $44.77
16 $30.457 16 $47.01
17 $31.979 17 $49.36


ENGINEER
56-HOUR 40-HOUR
GRADE 555 GRADE 559

STEP HOURLY RATE STEP HOURLY RATE
12 $26.314 12 $40.61
13 $27.629 13 $42.64
14 $29.007 14 $44.77
15 $30.457 15 $47.01
16 $31.979 16 $49.36
17 $33.579 17 $51.83


ENGINEER SO
56-HOUR 40-HOUR
GRADE 557 GRADE 561

STEP HOURLY RATE STEP HOURLY RATE
12 $27.629 12 $42.64
13 $29.007 13 $44.77
14 $30.457 14 $47.01
15 $31.979 15 $49.36
16 $33.579 16 $51.83
17 $35.257 17 $54.42




ENGINEER HMT & TRT





56-HOUR 40-HOUR
GRADE 559 GRADE 563

STEP HOURLY RATE STEP HOURLY RATE
12 $29.007 12 $44.77
13 $30.457 13 $47.01
14 $31.979 14 $49.36
15 $33.579 15 $51.83
16 $35.257 16 $54.42
17 $37.021 17 $57.15


ENGINEER PARAMEDIC
56-HOUR 40-HOUR
GRADE 559 GRADE 563

STEP HOURLY RATE STEP HOURLY RATE
12 $29.007 12 $44.77
13 $30.457 13 $47.01
14 $31.979 14 $49.36
15 $33.579 15 $51.83
16 $35.257 16 $54.42
17 $37.021 17 $57.15

ENGINEER SO/PARAMEDIC
56-HOUR 40-HOUR
GRADE 561 GRADE 565

STEP HOURLY RATE STEP HOURLY RATE
12 $30.457 12 $47.01
13 $31.979 13 $49.36
14 $33.579 14 $51.83
15 $35.257 15 $54.42
16 $37.021 16 $57.15
17 $38.871 17 $60.00




ENGINEER HMT & TRT/PARAMEDIC





56-HOUR 40-HOUR
GRADE 563 GRADE 567

STEP HOURLY RATE STEP HOURLY RATE
12 $31.979 12 $49.36
13 $33.579 13 $51.83
14 $35.257 14 $54.42
15 $37.021 15 $57.15
16 $38.871 16 $60.00
17 $40.821 17 $63.00


CAPTAIN
56-HOUR 40-HOUR
GRADE 559 GRADE 563

STEP HOURLY RATE STEP HOURLY RATE
15 $33.579 15 $51.83
16 $35.257 16 $54.42
17 $37.021 17 $57.15


CAPTAIN SO
56-HOUR 40-HOUR
GRADE 561 GRADE 565

STEP HOURLY RATE STEP HOURLY RATE
15 $35.257 15 $54.42
16 $37.021 16 $57.15
17 $38.871 17 $60.00


CAPTAIN HMT & TRT
56-HOUR 40-HOUR
GRADE 563 GRADE 567

STEP HOURLY RATE STEP HOURLY RATE
15 $37.021 15 $57.15
16 $38.871 16 $60.00
17 $40.821 17 $63.00


CAPTAIN PARAMEDIC





56-HOUR 40-HOUR
GRADE 563 GRADE 567

STEP HOURLY RATE STEP HOURLY RATE
15 $37.021 15 $57.15
16 $38.871 16 $60.00
17 $40.821 17 $63.00


CAPTAIN SO/PARAMEDIC
56-HOUR 40-HOUR
GRADE 565 GRADE 569

STEP HOURLY RATE STEP HOURLY RATE
15 $38.871 15 $60.00
16 $40.821 16 $63.00
17 $42.857 17 $66.15

CAPTAIN HMT & TRT/PARAMEDIC
56-HOUR 40-HOUR
GRADE 567 GRADE 571

STEP HOURLY RATE STEP HOURLY RATE
15 $40.821 15 $63.00
16 $42.857 16 $66.15
17 $45.000 17 $69.46



Progression through these steps shall be in accordance with established regulations and
the City's Pay Ordinance. It is understood that any time a member is promoted to another
classification or assigned as a firefighter paramedic and is within a pay classification
range, the member will proceed to the next higher step upon promotion or assignment.








ATTACHMENT B
VACATION CARRYOVER

With the reinstatement of vacation buy back in FY 2021-2022, vacation carryover will be
the established maximum plus 240 hours (or the 56-hour equivalent). In FY 2022-2023,
the vacation carryover will be the established maximum plus 160 hours (or the 56-hour
equivalent). In FY 2026-2028, the vacation carryover will be the established maximum
plus 160 hours (or the 56-hour equivalent). Any hours over that limit will be paid out to
that member on the last check of December.











Report