Approved Agreements and Contracts FOP Agreement 01012023-12312027

View the PDF version Google Docs PDF Viewer

                  AGREEMENT



                    between



      THE CITY OF MUSKEGON, MICHIGAN



                       and



THE FRATERNAL ORDER OF POLICE LABOR COUNCIL

                  Representing

                       The

      City of Muskegon Command Officers




     January 1, 2023 through December 31, 2027
SECTION 34   SAVINGS CLAUSE                         27
SECTION 35   EDUCATION PAY                          27
SECTION 36   DEFINED BENEFIT RETIREMENT PLAN        28
SECTION 37   DEFINED CONTRIBUTION RETIREMENT PLAN   30
SECTION 38   DRUG TESTING POLICY                    30
SECTION 39   RESIDENCY                              30
SECTION 40   PHYSICAL FITNESS                       31
SECTION 41   PUBLIC SAFETY                          31
SECTION 42   PROMOTIONS                             31
SECTION 43   MISCELLANOUS                           31
SECTION 44   DURATION AND RENEWAL                   32


APPENDIX A   WAGE SCHEDULE                          33
APPENDIX B   POLICE UNIFORM AND EQUIPMENT           34




                                2
committee will not be recognized beyond the area designated, or to the extent of authority
delegated to them, except in emergencies, until property authorized by the Union.

   1. The members who are employees of the Employer shall be paid by the Employer for the
      time spent during their regularly scheduled working hours in the processing of grievances
      and in the negotiations relating to the Employer at their regularly established straight-
      time rate.

   2. The maximum number of employees including bargaining committee members who shall
      be paid by the Employer while conducting negotiations, and while processing a specified
      grievance, shall be three (3).

   3. The Union representatives who are employees of the Employer shall be governed by the
      departmental rules regarding employees entering and leaving the Department. Members
      of the bargaining committee may leave the Department on negotiations and grievances
      within the bargaining unit when their arrangements are made in advance with the Public
      Safety Director or designee by the Chief Steward or Shift Stewards.

   4. Any representatives of the Union employed by the Employer, having an individual
      grievance in connection with their work, may be permitted to have a Steward assist them
      in the Grievance Procedure.

   5. Discharge and Discipline - Should any provision of the five (5) following subsections be
      inconsistent with or contrary to any provisions of the grievance procedure, the grievance
      procedure shall control.

   6. Before any disciplinary action exceeding five (5) days without pay, up to, and including
      discharge is taken against an employee, the employee shall be given an opportunity to
      state his or her position and offer any evidence immediately available to his or her
      superior officer who is rendering such discipline. Notice of such discipline shall be given
      to the Union by the Employer pursuant to this section, within forty-eight (48) hours of the
      indication of such discipline or discharge, except as specifically stated hereinafter. The
      notice will be delivered to the Chief Steward, Shift Steward, or Alternate Stewards.

   7. Except for verbal warnings, the charges resulting in disciplinary action exceeding five (5)
      days without pay, up to, and including discharge shall be reduced to writing within forty-
      eight (48) hours, excluding holidays and weekends, by the commanding officer
      recommending the action or by the Public Safety Director, and copies shall be furnished,
      if the employee wishes, to the Chief Steward or Stewards and to the employee against
      whom the charges are brought. The employee shall sign a copy of the charge with the
      understanding that said signature by the employee does not necessarily constitute
      acceptance of the disciplinary action.



                                               4
   5. The Employer's remittance shall be deemed correct if the Union does not give written
      notice to the Finance Director within two (2) calendar weeks after remittance is
      transmitted of its belief, with reason(s) stated therefore, that the remittance is incorrect.

   6. The Union shall provide at least thirty {30) calendar days written notice to the Finance
      Director of the amount of Union dues and representation fees to be deducted from
      the wages of employees in accordance with this Article. Any changes in the amounts
      determined will also be provided to the Finance Director at least thirty {30) calendar days
      prior to its implementation.

Save Harmless Clause - The Union agrees to defend, indemnify and save the Employer harmless
against any and all claims, suits, or other forms of liability arising out of its deduction from an
employee's pay of Union dues, or representation fees or in reliance upon any list, notice,
certification or authorization furnished under this Article. The Union assumes full responsibility
for the disposition of the deductions so made once they have been sent to the Union.

                              SECTION 6 - MANAGEMENT RIGHTS


The Employer retains all the rights, powers, functions, and authority which it had prior to the
signing of this Agreement, including those with respect to wages, hours, and working conditions,
except as those rights, powers, functions, or authority are expressly and specifically abridged,
modified or limited by this Agreement, and then only to the extent so specifically and expressly
abridged, modified or limited.

Except as otherwise provided in this Agreement:

   1. Nothing in this Agreement shall be construed to limit in any way the Employer's sole and
      exclusive right to manage its operation and the services it provides efficiently and
      economically, including the right to determine the services to be performed, and the
      quantity and quality of those services, the methods of performing the services; the
      determination of the size of the working force; the hiring of new employees; the discipline
      or discharge of employees for just cause; the right to maintain order and efficiency, to
      relieve employees from duty because of lack of work or for other legitimate reasons; the
      right to establish, change or introduce new or improved methods, equipment or facilities;
      the right to establish, change or introduce standards of safety and safer operating
      practices; the right to establish and alter all conditions and qualifications of employment
      (as related to the hiring of new employees and subject to the rules and regulations of the
      Civil Service Commission of the City of Muskegon).

   2. Transfer employees from one shift to another on a temporary basis, except to avoid the
      payment of overtime; transfer employees to other positions within the department;
      require employees to perform outside their assigned job classifications which such
      assignment is, in the management's judgment, advisable regardless of the availability of

                                                 6
the section(s) of the contract which are alleged to have been violated signed by the Union
and forwarded to the Public Safety Director.

Step 3 - The Public Safety Director shall give a written answer to the grievance within seven
(7) business days. If it is not satisfactory to the Union, the matter may then be taken to the
City Manager within twelve (12} business days following written answer from the Public
Safety Director.

Prior to submission of the grievance at the City Manager's level, the grievant shall elect
whether the employee desires to proceed under the Civil Service Rules and Regulations as
adopted July 20, 1955, as amended, or to arbitration, under the terms and conditions of the
grievance procedure. If the Union desires a hearing with the City Manager, same may be
requested, and the City Manager or designee shall schedule such a hearing. The City Manager
or designee shall render a written disposition of the grievance within twelve (12) business
days following said hearing.

Step 4 - In the event a grievance is not resolved at Step 3, either the Employer or the Union
may initiate arbitration by submitting a notice in writing of such intent to the other party
within ten (10} business days following the day the written disposition was given at Step 3.
In the event either party shall fail to serve such written notice, the matter shall be considered
settled on the basis of the last answer.

The moving party shall have thirty (30} business days to request to the Michigan Employment
Relations Commission (MERC} for the appointment of an arbitrator which will be selected in
accordance with Michigan Employment Relations Commission (MERC} procedures.

1. The arbitrator so appointed shall have the authority to resolve disputes between the
   parties only over matters which are covered by this Agreement or any supplementary
   agreement.

2. The expenses of the arbitrator shall be shared equally by the parties.

3. Any matter resolved by settlement or dismissal short of the issuance of a written
   disposition by the City Manager shall have no precedent value whatsoever as to future
   grievances.

4. Extensions of time for any step in the grievance procedure may be agreed upon in writing
   by the parties hereto.

                                 SECTION 8 - BULLETIN BOARDS

1. The Employer shall provide space for one bulletin board in a mutually acceptable location
   to be used by the Union.


                                              8
   days' notice of any change to shift hours, unless changes are mutually agreed upon.
   Voluntary split shifts may occur within the Specialist Divisions provided they occur within
   twenty-four (24) consecutive hours and only with the prior approval of the Director of
   Public Safety or designate.

   For road patrol, the normal start time of the shifts will be 5:30 a.m. for the day shift and
   5:30 p.m. for the night shift. The Employer shall have the flexibility of having start times
   moved between the hours of 5:00 a.m. to 8:00 a.m. for day shift and 5:00 p.m. to 8:00
   p.m. for night shift. The Employer may implement an "echo" shift with a start time
   between the hours of 11:00 a.m. and 3:00 p.m. If there is a change in the start hours, the
   Employer will give the employees affected 30 days' notice.

2. Employees will work under permanent shifts with the selection of shifts being made on a
   strict seniority basis within rank and division (and/or bureau). Employees shall choose
   their permanent shift to cover a period of one year with it being effective the first Sunday
   in January. This choice will be made prior to the start of the shift selected. Shift selection
   will be made on a basis of the most senior officer within rank and division (and/or bureau)
   having first choice, the next senior officer having second choice, and so on. If an officer
   is reassigned from one division to another, then rank seniority shall prevail for shift
   selection.

3. The Public Safety Director may assign a probationary employee to any shift for training
   purposes, but no employee may be reassigned from a shift to provide an opening for such
   probationary employee.

                   SECTION 13- OVERTIME- COMPENSATORY TIME


1. Overtime shall be paid at the rate of one and one-half times, any hours in excess of a
   scheduled shift, or hours above the eighty-four (84) hours per paid period, except when
   working for another officer by agreement with that officer. The requirement to pay
   overtime for work in excess of the scheduled shift is not applicable when the employee is
   using flex time pursuant to Section 13.4.

2. The parties agree that employee training and development is mutually beneficial. It is
   further agreed that occasional flexibility in shift schedules and regular leave days is
   necessary to attend training. Training that occurs during an employee's work schedule
   and lasts more than six (6) hours (including travel time), shall count as the employee's
   work day. If training occurs during an employee's work shift, and is less than six hours
   (including travel time), that employee may have to work the other shift hours as required
   by the Employer. If training occurs while the employee is off, the Employer will pay
   overtime to the employee or grant a different day off, as agreeable to the parties. The
   Employer shall compensate required supervised firearms training with three (3) hours of
   compensatory time for each qualification session or two (2) hours of overtime pay, with
   the choice being made by the employee, if an officer is required to attend off-duty. This

                                             10
        b. The employee is discharged and the discharge is not reversed through the
           procedures set forth in this Agreement.

        c.   The employee is absent for three (3) consecutive working days without proper
             authorization of the Public Safety Director. In proper cases, exceptions shall be
             made upon the employee producing convincing proof of inability to obtain such
             authorization. After such absence, the Employer will send certified written
             notification to the employee at his last known address that because of the
             unexcused absence the employee has voluntarily quit and is no longer in the
             employ of the Employer.

        d. If the employee does not notify the Employer within three (3) days after receipt
           of certified written notification to return to work after layoff, as to the date when
           the employee will return, which date must be within one (1) week after the
           delivery of such notice to his last known address. In no event shall the return to
           work be in excess of ten (10) days following receipt of the notification. Exceptions
           shall be made upon the employee producing convincing proof of his inability to
           return as required.

        e. If an employee is laid off during the term of this Agreement for a continuous
           period equivalent to his departmental seniority. However, in no event will
           employees laid off for a continuous period in excess of five (5) years retain their
           seniority.

                             SECTION 15- LAYOFF AND RECALL

1. Order of Layoff

        a.   No permanent or probationary employee shall be laid off from his position in this
             Bargaining Unit while any temporary or provisional employees are serving in the
             same position class in the Department.

         b. Except as provided below, the layoff of probationary or permanent employees
            shall be in inverse order of seniority within each classification in which lay-offs are
            to occur.

2.   Demotion in Lieu of Layoff - Except as provided below, an employee subject to layoff who
     so requests, in accordance with Civil Service rules and regulations, shall, in lieu of layoff,
     be demoted by seniority to a lower position in the Police Department.

3.   Notice of Layoff - Employees to be laid off shall be given at least fourteen (14) calendar
     days prior notice.




                                               12
           e. Overtime ends when the employee concludes the employee's testimony and is
              permitted to leave the court.

           f.   No overtime will be paid to an employee who is on sick leave during the first five
                (5) days of a continuous sick leave.

           g. The employee turns in properly documented subpoena denoting witness fees and
              mileage, with such fees to be turned over to the Employer. Subpoena is to be
              attached to a properly completed and authorized overtime request slip.

   4. An employee who is required to appear in a Court Proceeding or Administrative Tribunal
      during vacation time that was drawn prior to issuance of a subpoena and who makes such
      appearance shall be paid at two and one half times their normal rate with the two or
      three hour minimum as set forth in section 16.3. Employees shall have the option of
      taking pay or compensatory time for the court time.

   5. An employee who calls sick but does appear in court during that regularly scheduled
      8-hour or 12-hour shift will have the court appearance time credited as regular duty time
      and it will not be deducted from the employee's sick leave bank.

       Example:        Regular Shift - 6:00 am to 6:00 pm
                       Court Appearance - 2 hours between the hours of 6:00 am and 6:00 pm.
                       Credited 2 hours duty time and ten (10) hours charged against sick bank.

   6. An employee who appears in court during the day upon which he has called sick, but the
      court appearance is for a time other than his regularly scheduled 8-hour or 12-hour tour
      of duty will receive overtime pay without regard for his sick leave status.

       Example:        Regular Shift - 6:00 am to 6:00 pm
                       Court Appearance - 4:00 pm
                       Two (2) hours overtime pay with 10-hours charged against the employee's
                       sick leave bank.

Overtime will be paid for all court time not encompassed in an officer's regular 8-hour or 12-hour
tour of duty without regard to whether the officer worked his regular shift or whether he was
sick and did not work his shift.

                                     SECTION 17 -VACATION

Vacation time shall be earned as follows:

   1. Vacation days shall be accrued as follows:




                                                14
   7. In accumulating vacation leave, sick leave not exceeding one-thousand-fifty-six (1056)
      hours in any one year shall be counted as time worked. Absence because of duty-
      connected disability shall be counted as time worked.

                                   SECTION 18- SICK LEAVE


Sick leave shall be accumulated at the rate of eight (8) hours per month of employment during
the preceding calendar year.

   1. Sick leave time shall be accumulated at the rate of .04615 hours for each qualified hour
      of employment during the current calendar year. The accumulation shall not exceed
      ninety-six (96) hours during any one calendar year. "Qualified hours of employment" shall
      include regularly scheduled work hours, vacation leave, sick leave, holiday leave, personal
      leave, and time off due to work-related injury or illness subject to the limitations outlined
      below. Sick leave will accrue for overtime hours only to the extent that the employee's
      regularly scheduled hours are reduced by extraordinary overtime demands. Sick leave
      will not accrue for unpaid absence.

   2. Sick leave may be accumulated up to a maximum of one-thousand-fifty-six (1056) hours.
      After an employee has accumulated one-thousand-fifty-six (1056) hours of accrued,
      unused sick leave, then all additional accruals shall be paid annually on January 31 at the
      rate of seventy-five percent (75%) if paid to the employee or one-hundred percent (100%)
      if deposited into the employees Section 457 account, or MESP account, but after all
      applicable federal, state or local taxes have been deducted. Employees with any accrued
      unused sick leave time may elect to cash in any accrued unused sick leave time and be
      paid annually at the rate of seventy-five percent (75%) if paid to the employee or one
      hundred percent (100%) if deposited into the employee's Section 457 account or MESP
      account, with such payment being made consistent with the City's policy in March.

   3. An hour of sick leave shall be cancelled for each hour an employee would have worked
      during the normal work week and shall be paid for at the rate an employee would have
      earned on that particular day, exclusive of overtime.

   4. Vacation time, sick leave, or absence because of duty-connected disability shall be
      counted as days worked in calculating sick leave.
   5. An employee may request to anticipate sick leave during the first year of employment,
      which, if granted, shall be deducted from his accumulation during that year.

   6. Sick leave will be taken only for the following reasons:

       a. Any illness an employee may contract preventing him from performing normally and
          safely at work;




                                                16
   injured employee is unable to perform his/her regular duties or such other temporary
   tasks available in the framework of the City functions.

   If an employee is absent from work due to duty-connected disability, for a period of one-
   hundred-eighty {180) calendar days from date of injury, said employee will continue to
   accrue sick leave. This provision may be extended past one-hundred-eighty {180) days at
   the discretion of the Employer.

   Any employee disabled and absent from duty as a result of a service-connected injury
   incurred in the course of employment with the City of Muskegon, who has exhausted
   their sick leave option, shall receive economic accruals as of that date, except as
   specifically stated in the following subparagraphs:

       a. Seniority shall continue to accrue.

       b. Sick leave shall not be accrued, accumulated, or paid to an employee for any time
          when the employee has not worked.

   In no event shall any employee who has been disabled and absent from duty as a result
   of service-connected injury incurred in the course of employment with the Employer take
   vacation time off in any one year in excess of that provided for in Section 17 -Vacations.
   Any vacation days accumulated, but not used prior to the injury in excess of the maximum
   under Section 17 shall be paid to the employee in the year the employee returns to duty.

8. In the event of a confining illness, and provided the sick leave accumulation has been
   exhausted, the Employer may authorize an extension of leave to the extent of five (5)
   days for each year of service, not to exceed an additional sixty {60) working days.
   Provided, however, that, in the case of an employee who shall have been in the
   Employer's service for more than fifteen {15) years, such additional leave may be
   extended not to exceed six {6) months, instead of sixty {60) working days.

9. No compensation for sick leave will be authorized if the employee fails to notify the
    department at least one-half hour before his normal starting time. After notifying their
    department of their need to take sick leave, employees will not be permitted to change
    the type of leave taken from sick leave to vacation or personal leave.
10. Upon termination of employment under honorable conditions, accrued sick leave will be
    compensated at the rate of one hundred percent {100%) of the value of the accumulated
    sick leave whatever account the employee chooses {457 account, MESP, or cash),
    providing the employee has worked a minimum of twelve {12) months with the Employer.

12. Employees who are unable to use all of their earned vacation time in a given year may
    elect to convert up to 120 hours of unused vacation leave to sick leave. Vacation days
    converted to sick leave will be treated the same as regular sick leave including the option
    to cash-out accumulated sick leave. All such requests for vacation conversion must be

                                            18
       Employees required to work on a holiday shall be paid two and one-half {2 ½) times their
       regular hourly rate of pay for all hours worked on a holiday. In lieu of the additional
       holiday pay, specialist personnel (non-uniformed) and Patrol Captain, shall have the days
       off with pay.

       In the event that a holiday falls on a normal day off, the lieutenants and sergeants
       assigned to road patrol shall receive twelve {12) hours of compensatory time or twelve
       {12) hours pay; specialist personnel (non-uniformed), shall receive either eight (8) hours
       of compensatory time or eight {8) hours pay.

       In the event the holiday falls on what would be normally an authorized sick time, such
       time shall not be taken from the employee's sick leave bank.

                             SECTION 20- BEREAVEMENT LEAVE

   1. In the event there is a death in the immediate family of any employee, consisting only of
      parent, grandparent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-
      in-law, brother-in-law, sister-in-law, and grandchild, and the employee attends the
      funeral service, such employee shall be granted up to forty eight {48) hours for a spouse,
      child or step-child and twenty-four {24) hours for a parent, grandparent, brother, sister,
      mother-in-law, father-in-law, son-n-law daughter-in-law, brother-in-law, sister-in-law,
      and grandchild. Leave of absence shall be with full pay. An employee shall be granted up
      to twelve {12) hours absence with pay in the event of a death in the family of such
      employee other than herein before set forth, provided the employee attends the funeral
      service; employees assigned to a special service unit shall be granted time off up to their
      scheduled workday. An employee working an 8.5-hour day would be granted any amount
      up to 8.5 hours to attend the funeral.

                             SECTION 21- UNIFORM ALLOWANCE


Effective January 1, 1993, the following uniform and equipment provisions apply:

   1. Uniforms and equipment shall be provided as listed on Appendix B.

   2. Dry cleaning shall be provided for uniformed officers as soon as possible. Rules and
      procedures covering the specifications shall be provided by the Public Safety Director.
      The City shall designate where uniforms are to be dropped off and City shall pay such
      expense.

   3. The Employer shall provide a civilian clothing allowance for police personnel assigned to
      plain clothes tasks in the amount of $650.00 annually paid bi-weekly and subject to Rules
      and Regulations provided by the Public Safety Director.




                                               20
   4. HMO Plan

       As long as the budget allows, the Employer will continue to cover the deductible and
       coinsurance. If the Employer proposes to change or terminate the coinsurance during the
       term of the contract, the Employer shall notify the Union in writing at least sixty days prior
       to the change, and the Union will have the option to reopen the contract to negotiate the
       alternative for how Employees will fund the HMO plan's coinsurance.

   5. Employee Prescription Coverage

       During the life of this agreement, the prescription drug co-pay for employees covered by
       the self-funded/master medical plan shall be $20 for generic drugs and $40 for brand
       name drugs. During the life of this agreement, the prescription drug co-pay for officers
       covered the HMO shall be the amount determined by the HMO. The drug rider shall be
       maintained for and on behalf of the employees and their dependents.

   6. Employee Dental and Vision Insurance

       During the life of this agreement, the employer will provide and pay for a dental and vision
       plan for all eligible employees and dependents.

   7. Employee Life Insurance

       During the life of this agreement, the employer will provide and pay for a term life
       insurance policy with a face amount equal to the employee's straight time annual salary,
       so long as the employee is eligible for coverage and is employed by the Employer.

   8. Employer Professional Liability Insurance

       During the life of this agreement, the employer will provide and pay for police
       professional liability insurance for and on behalf of each officer covered by this
       agreement. The limits of liability shall be $250,000 for each officer and $500,000 for each
       incident.

                               SECTION 23- RETIREE HEALTH INSURANCE

The employer shall offer a health plan for all retirees, spouses and dependents. Spouses and
dependents must be covered under the active employee health insurance plan at the time of
retirement to be eligible for retiree coverage. Retirees and spouses are eligible for retiree health
insurance coverage until they reach age 65. Dependents are eligible for coverage until the end of
the month in which they turn age 26. Employees hired after January 1, 2012 are not entitled to
retiree health insurance. The benefits are:




                                                 22
                                        DEFERRED RETIREMENT

                 Years of service                             Benefit amount
        10-14 years                          50% of any benefit
        15-19 years                          75% of any benefit
        20 or more years                     100% of any benefit

                                 SECTION 23 - SHIFT PREMIUM

   1. A shift premium shall be paid to any officer regularly assigned the traditional night shift.
      The shift premium will be one-and-one-half percent in 2023. The shift premium will be
      two percent in 2024. The shift premium will be two-and-one-half percent in 2025. The
      shift premium will be three percent in 2026. There will be no pyramiding of shift premium
      and shall not be included in overtime, court-time, etc.

                           SECTION 24- MEDICAL LEAVES OF ABSENCE

Employees holding positions in the Classified Service shall be entitled to a leave of absence for
reasons of health sufficient in the opinion of the Civil Service Commission to warrant such leave.
Such leave of absence may require three (3) year continuous service with the Employer and may
be granted for one (1) year and renewed upon proper application.

                                 SECTION 25- MILITARY LEAVE

Employees who are called to active duty with the Armed Forces of the United States shall have
the rights and duties as prescribed by the City of Muskegon Civil Service Rule IX, Section 2(2),
"Military Leave of Absence" rule as it may be amended from time to time.

                              SECTION 26 - SALARY AGREEMENT

Wages and salaries for employees covered by this Agreement shall be for the term of this
Agreement and shall be in accordance with the Schedule set forth in Appendix A attached hereto
and incorporated herein by reference.

   1. There shall be neither pyramiding of the overtime provisions of this Agreement nor
      pyramiding of overtime provisions with holiday pay.

   2. The pay increase provided within the Schedule shall be received upon recommendation
      of the Public Safety Director.

   3. The straight time rate for the purpose of computing overtime and holiday pay and other
      benefits shall be the annual salary divided by 2184 hours.



                                                24
       receiving workers' disability compensation payments shall be considered as "on the
       payroll" for purposes of receiving longevity pay.

   4. During the calendar year in which an employee retires under one of the City's retirement
      plans, he shall be entitled to receive, at the time of the semi-annual payment of longevity,
      a pro-rated portion of his longevity pay based on days worked.

   5. All compensation for employees is subject to deduction for income tax and retirement
      benefits.

                                SECTON 29- NO STRIKE CLAUSE

During the life of this Agreement, the Union shall not cause or permit its members to cause, nor
shall any member of the Association take part in any sit-down, stay-in, slow-down, curtailment
of work, restriction of production, or interference of the operation and services of the Employer.

   1. The Union shall not cause or permit its members to cause, nor shall any member of the
      Union take part in any strike or stoppage of any of the Employer's operations.

   2. The Union agrees it will take prompt affirmative action to prevent or stop unauthorized
      strikes, work stoppages, slow-downs of work, picketing or work interference of any kind
      by notifying the employees that it disavows these acts. The Union further agrees that the
      Employer shall have the right to discipline (including discharge) any or all employees who
      violate this Section, and such action shall not be subject to the Grievance Procedure of
      this Agreement. In addition, the Employer shall have the right to terminate this
      Agreement by notice in writing to the Union in addition to any remedies it may have for
      violation by law. In addition, the Employer shall have the right to seek injunctive relief
      and damages against the Union.

   3. The committee men and officers of the Union shall take prompt affirmative action to try
      to prevent any wildcat strike, work stoppage, slow-down of work, picketing, or work
      interference of any kind.

   4. The Employer, for its part, agrees that there shall be no lockout during the term of this
      Agreement. This lockout provision shall not apply in the event of any strike taking place
      during the life of this Agreement.

                                 SECTION 30 - WAIVER CLAUSE

The parties acknowledge that during the negotiation which resulted in this Agreement each had
the unlimited right and opportunity to make demands and proposals with respect to any subject
matter not removed by law from the area of collective bargaining, and that the understandings
and agreements arrived at by the parties after the exercise of this right and opportunity are set
forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement,

                                                26
4. Officers are eligible to participate in any city sponsored tuition reimbursement that is
   available to other units and non-represented employees of the city.

                  SECTION 35 - DEFINED BENEFIT RETIREMENT PLAN

1. Eligibility-The Defined Benefit Retirement Plan is applicable only to unit members hired
   on or before July 28, 2006.

2. Transfer to Municipal Employees Retirement System - Effective July 1, 2006, the assets
   and liabilities of the City of Muskegon Police - Fire Retirement System associated with
   City employees represented by the Command Officers Association of Michigan shall be
   transferred to the Municipal Employees Retirement System (MERS}. Employees shall no
   longer have any rights from claims against or participation in the City of Muskegon Police-
   Fire Retirement System.

3. Contribution Rate - Effective December 31, 2022, employees shall contribute three
   percent {3%} of compensation as defined by MERS.

4. Retirement Benefit - An employee who retires after July 1, 2006, shall be entitled to a
   retirement benefit pursuant to MERS Benefit Program. For employees who retire after
   January 1, 2007, the pension multiplier shall be three percent {3%} of final average
   compensation (MERS FAC-3}, not to exceed eighty percent {80%} of employee's final
   average compensation. Employees shall also be entitled to the MERS RSS0 spousal
   benefit.

   Effective March 1, 2013, the final average compensation shall not include more than 240
   hours of leave time and shall not include any overtime (as defined in Section 14} paid after
   March 1, 2013. After March 1, 2013, overtime earnings shall not be subject to the
   employee's six percent (6%} MERS contribution. Effective January 1, 2019, overtime shall
   be subject to the employee's contribution and included in final average compensation.

   Between January 1, 2019, and December 31, 2022, each employee may elect to have any
   leave time, being defined as unused sick and vacation time, to a maximum of 240 hours
   credited to either the employee's "frozen final average compensation" or the employee's
   "termination final average compensation" but leave time may not be credited to both.

   An employee who retires on or after December 31, 2022, shall receive a bridged benefit
   as follows:

       a. A pension multiplier of 3.0% for service prior to December 31, 2022 times the
          employees "frozen final average compensation". "Frozen final average
          compensation" is defined as the highest compensation in thirty-six {36}
          consecutive months between the date of hire and December 31, 2022; plus


                                            28
                SECTION 36- DEFINED CONTRIBUATION RETIREMENT PLAN

   1. Eligibility-All members of this unit hired after July 28, 2006, shall have the same Defined
      Contribution Retirement Plan they had as a patrol officer. All new members entering the
      Command Unit from anywhere other than the Muskegon Police Department Patrol Unit
      are covered by the Defined Contribution Plan. Effective January 1, 2013, all Patrol Unit
      members entering the Command Unit shall keep their pension and retirement packages
      from the Patrol Unit.

   2. Employee Contribution Rate - Mandatory employee contribution shall be nine percent
      (9%) of the employee's Medicare taxable wages as reported on the employee's W-2.

       Employer Contribution Rate -Mandatory Employer contribution shall be thirteen percent
       (13%) of the employee's Medicare taxable wages as reported on the employee's W-2.

                                SECTION 37- DRUG TESTING POLICY

   1. A labor management committee shall be established to prepare a mutually acceptable
      drug testing policy. Prior to a policy being implemented, the policy must be approved by
      the Union bargaining committee and the Employer. This Section is not intended to, nor
      does it affect the Employer's right to discipline employees for drug activity under present
      contractual or policy provisions.

                                   SECTON 38 - RESIDENCY

   1. The Union acknowledges the City's desire to encourage residency but not require such
      for employees of this bargaining unit. Effective January 1, 1999, all employees who were
      members of this bargaining unit are free to maintain their residence at any location and
      are no longer bound by collective bargaining agreements requiring residency.

   2. Union acknowledges that City may adopt, amend, modify or eliminate any incentive plan
      to encourage employees to live in the city. For purposes of any incentive, City reserves
      the right, in its sole discretion, to determine whether an employee is a resident. Unit
      members are eligible for the same residency incentive offered, if any, to non-represented
      employees.

                               SECTION 39 - PHYSICAL FITNESS

A labor management committee shall be established to prepare a mutually acceptable physical
fitness program, which shall be voluntary for all employees.




                                               30
Local Government and School District Fiscal Accountability Act - An emergency manager
appointed under the Local Government and School District Fiscal Accountability Act, MCL
141.1501 et. Seq., shall be allowed to reject, modify, or terminate this collective bargaining
agreement as provided for in MCL 141.1519(1<).

                 THE REMAINDER OF THIS PAGE LEFT BLANI< INTENTIONALLY




                                              32
THE CITY OF MUSKEGON              MICHIGAN FRATERNAL ORDER POLICE




~                     - --



Ann Marie Meisch, Clerk




                             33
APPENDIX A

WAGE SCALE




    34
                                         APPENDIX A




Wage Schedule for Police Command Officers Wage Schedule for Police Command Officers
                12 hour shift                                           12 hour shift
             Effective 1/1/2023                                   Effective 1/1/2024


Postion                         Salary              Postion                         Salary
Sergeant   Annual                $ 86,420.88        Sergeant Annual                     $     94,567.20
           Bi-Weekly            $        3,323.88             Bi-Weekly                 $      3,637.20
           Hourly               $           39.57             Hourly                    $         43.30

Lieutenant Annual               $    96,030.48      Lieutenar: Annual                   $    101,446.80
           Bi-Weekly            $     3,693.48                Bi-Weekly                 $      3,901.80
           Hourly               $        43.97                Hourly                    $         46.45

Captain    Annual               $ 106,688.40 Captain          Annual                    $    108,326.40
           Bi-Weekly            $   4,103.40                  Bi-Weekly                 $      4,166.40
           Hourly               $      48.85                  Hourly                    $         49.60


Wage Schedule for Police Command Officers Wage Schedule for Police Command Officers
                12 hour shift                                           12 hour shift
             Effective 1/1/2025                                   Effective 1/1/2026


Postion                         Salary              Postion                         Salary
Sergeant   Annual               $    98,716.80      Sergeant Annual                     $    102,866.40
           Bi-Weekly            $     3,796.80               Bi-Weekly                  $      3,956.40
           Hourly               $        45.20                Hourly                    $         47.10

Lieutenant Annual               $ 105,465.36 Lieutenar Annual                           $    109,549.44
           Bi-Weekly            $   4,056.36           Bi-Weekly                        $      4,213.44
           Hourly               $      48.29           Hourly                           $         50.16

Captain    Annual               $ 112,235.76 Captain          Annual                    $    116,210.64
           Bi-Weekly            $   4,316.76                  Bi-Weekly                 $      4,469.64
           Hourly               $      51.39                  Hourly                    $         53.21
                                           APPENDIX B

                               POLICE UNIFORM & EQUIPMENT

The Police Department shall provide the following items:

1             Summer footwear and winter boot

4 pairs       Trousers, uniform

3             Shirts, uniform, short sleeve
3             Shirts, uniform, long sleeve

3             Mock turtle necks or ties

1             Hat, uniform, Pershing style
1             Hat, uniform, winter style

1             Jacket, uniform, nylon (winterweight)
1             Jacket, uniform, nylon (lightweight)

1             Raincoat, uniform

2             Nameplates

2 sets        Collar insignia, command officers (Captains, Lieutenants, Sergeants)

1             Sam Brown belt, (Brass fittings- command officer; silver fittings - patrolmen)

1             Pant belt

1             Key holder

4             Keeper straps

1             Handcuff and handcuff carrier

1             Ammunition holder, double pocket

1             Baton holder

1             Holster

1             (Mace or pepper) Gas Canister

1             (Mace) Gas Canister Holder

1             Baton

1             Mace holder




                                               35

Top of Page


New Agenda Notifications

* indicates required