AGREEMENT
between
THE CITY OF WATERBURY, CONNECTICUT
and
WATERBURY POLICE UNION
BRASS CITY LOCAL, CONNECTICUT ALLIANCE OF
CITY POLICE
July 1, 2022 – June 30, 2026
Contents
PREAMBLE ....................................................................................................................... 1
ARTICLE I RECOGNITION ............................................................................................. 1
ARTICLE II UNION SECURITY AND DUES CHECK-OFF ......................................... 2
ARTICLE III SENIORITY................................................................................................. 3
ARTICLE IV HOURS OF WORK.................................................................................... 6
ARTICLE V LONGEVITY.............................................................................................. 14
ARTICLE VI WORK ASSIGNMENTS - EXTRA DUTY ............................................. 14
ARTICLE VII HOLIDAYS.............................................................................................. 17
ARTICLE VIII VACATIONS.......................................................................................... 18
ARTICLE IX SICK LEAVE ............................................................................................ 22
ARTICLE X FUNERAL LEAVE .................................................................................... 24
ARTICLE XI UNION LEAVE ........................................................................................ 25
ARTICLE XII LEAVE OF ABSENCE WITHOUT PAY ............................................... 26
ARTICLE XIII INJURY LEAVE .................................................................................... 27
ARTICLE XIV MILITARY LEAVE ............................................................................... 30
ARTICLE XV PERSONAL LEAVE ............................................................................... 31
ARTICLE XVI GRIEVANCE PROCEDURE................................................................. 32
ARTICLE XVII UNIFORMS, CLOTHING, AND EQUIPMENT ................................. 34
ARTICLE XVIII PRESERVATION OF MANAGEMENT AND EMPLOYEE RIGHTS
........................................................................................................................................... 37
ARTICLE XIX UNION ACTIVITIES............................................................................. 40
ARTICLE XX NO STRIKE OR LOCKOUT .................................................................. 41
ARTICLE XXI WAGES………………………………………………………………....41
ARTICLE XXII INSURANCE ........................................................................................ 43
ARTICLE XXIII PENSION ..............................................................................................52
ARTICLE XXIV CCC STAFFING AGREEMENT ........................................................ 54
ARTICLE XXV OTHER PROVISIONS ..........................................................................56
ARTICLE XXVI ENTIRE AGREEMENT ...................................................................... 56
ARTICLE XXIX DURATION......................................................................................... 57
APPENDIX A MEDICAL CERTIFICATE ..................................................................... 59
APPENDIX B SUBSTANCE ABUSE TESTING ........................................................... 61
APPENDIX C WAGE SCALE ........................................................................................ 64
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PREAMBLE
¶1 This Agreement is made effective as of July 1, 2022, unless a different effective date for any
specific provision or section of this Agreement is specifically prescribed in that section, and
this Agreement is made by and between the CITY OF WATERBURY, CONNECTICUT
(hereinafter referred to as the City) and BRASS CITY LOCAL, CONNECTICUT
ALLIANCE OF CITY POLICE (hereinafter referred to as the Union).
ARTICLE I
RECOGNITION
¶2 Section 1. The City hereby recognizes the Union as the sole and exclusive bargaining agent
for regular full-time uniformed and investigatory employees of the Police Department, with
authority to exercise police powers, for the purpose of collective bargaining with respect to
wages, hours, and other conditions of employment. The term “employees” or “employee” as
used in this Agreement shall refer only to those personnel who are uniformed and investigatory
members of the Waterbury Police Department who are covered by the bargaining unit referred
to herein; which bargaining unit, the parties agree, includes all such positions occupied by
uniformed and investigatory personnel up to, and including, the rank classification of Assistant
Deputy Chief and excluding all other such uniformed and investigatory personnel above the
said rank-classification of Assistant Deputy Chief (provided that there shall be no more than
two Deputy Chiefs excluded from the bargaining unit) and also excluding Auxiliary Police,
or other non-police personnel or other personnel of the Police Department not specifically
defined above.
¶3 Section 2. Definition - The following definitions are applicable to this Agreement:
¶4 (a) The phrase “regular, full-time employees” means those employees who are uniformed
and investigatory members of the Police Department and who are regularly scheduled to work,
a full-time schedule. Subject to the provisions of Article III hereof, newly hired employees
shall be considered “regular” during their probationary period for purposes of the herein
defined phrase “regular full-time employees.”
¶5 (b) The word “parties” shall be defined to mean, unless the context clearly indicates
otherwise, the City and the Union.
¶6 (c) The term “in pay status” as used in this Agreement shall mean, and describe, the situation
which occurs when an employee is receiving compensation, including Workers’
Compensation, from the City.
¶7 (d) The term “fiscal year”, as used in this Agreement, shall be defined as July 1 of a given
calendar year through June 30 of the next succeeding calendar year.
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¶8 (e) As utilized in this Agreement, the term “patrolman,” shall include both male and female
regular, full-time regular employees.
¶9 Section 3. The provisions of this Agreement shall be applied equally to all employees in
the bargaining unit without discrimination because of age, sex, marital status, race, color,
creed, national origin, ethnicity, religion, sexual orientation, political affiliation, or union
membership.
¶10 Section 4. The City recognizes the prohibitions of Section 7-468(a) and Section 7-
470(2) of the General Statutes; in particular, the City recognizes that as a municipal employer
it is prohibited from dominating or interfering with the existence or administration of the
Union so long as the Union is the employee organization designated to represent the
employees hereunder within the provisions of Section 7-467 to 7-477 inclusive of the said
General Statutes. The only remedy for violation of these provisions shall be pursuit of a
prohibited practice complaint to the State Board of Labor Relations.
ARTICLE II
UNION SECURITY AND DUES CHECK-OFF
¶11 Section 1. Each employee who on the effective date of this Agreement is a member of
the Union shall have the option to pay voluntary agency shop fees or opt-out of membership
in the Union by providing written notice to the Union and the City. Each employee hired on
or after the execution of this Agreement shall have the option to become a member of the
Union or elect to pay voluntary agency shop fees within thirty (30) days after his or her hiring
date, and maintain membership in the Union or continue to pay agency shop fees during the
time of his or her employment unless the employee provides written notice to the Union and
the City to cease Union membership or voluntary agency shop fees.
¶12 Section 2(a). Union membership or voluntary agency fee shop fee deductions will be
made on the regular pay day.
¶13 Section 2(b). In the event an employee received no pay on the pay day on which a Union
dues or voluntary agency shop fee is scheduled to be made, no such deduction shall be made
for that pay period. However, a double deduction shall be made in the pay period following
and each subsequent pay period thereafter until those pay periods that dues or voluntary
agency shop fees were not taken are made up.
¶14 Section 2(c). The Union agrees to save the City harmless from any action taken by
any employee or group of employees as a result of the City’s making or failing to make the
dues deductions or voluntary agency shop fees as specified in this Article II.
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ARTICLE III
SENIORITY
¶15 Section 1. Department seniority as used in this Agreement is defined as the total length
of continuous service with the City in the Police Department as a regular full-time sworn police
officer.
¶16 Section 2. Rank seniority as used in this Article is defined as the total length of service
of an employee as a permanent regular appointee to a Rank.
¶17 Section 2(a). No employee shall acquire Rank Seniority in any rank for periods that he
or she serves in such rank as a temporary or provisional appointee, or in an acting capacity or
on special assignment. During the period of temporary or provisional service, or in an acting
capacity or on special assignment, he or she shall continue to accrue Rank Seniority in the last
rank he or she served in as a regular appointee.
¶18 Section 2(b). When a vacancy occurs as defined in Article XVIII Section 4(a) and Section
4(b) this agreement and the City chooses to appoint persons to positions on an acting basis,
due to the non-existence of a civil service promotional list, one person shall be appointed to
the position for a period no longer than nine (9) months. Such persons shall be appointed by
the Superintendent of Police in his sole discretion pursuant to his power of assignment.
Provided however that said appointments can only be made from among those persons who
would be eligible to take the promotional exam for that position. Further, provided that the
City may allow a person to continue in such a position for more than nine (9) months only if
all eligible persons have already held the position for nine (9) months or have refused
assignment to the position after it has been offered.
¶19 Section 3. Each newly hired police Patrolman shall serve a probationary period for
twenty- four (24) calendar months. Upon appointment, the Chief/Superintendent shall make
every effort to schedule the newly hired police Patrolman for attendance at the Police Officers
Standardized Training Academy as soon as practicable. Any period of absence from regular
duty, with the exception of paid vacation, in excess of five (5) consecutive work days shall
not be counted toward completion of the probationary period.
¶20 When a probationary employee is attending training at the Police Academy or other
outside training program designated by the City, the employee shall work the schedule set by
the Academy or training facility and shall be paid their regular weekly pay as a salary, without
additions or deductions based on hours of attendance.
¶21 During the probationary period, discipline or discharge of a Patrolman may not be for
arbitrary or capricious reasons. Such decision shall not be subject to the grievance and
arbitration provisions of this Agreement or any appeal under the City’s current Civil Service
Ordinance or any Civil Service Rules and Regulations which may be adopted pursuant thereto.
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¶22 Section 3(a). Upon completion of their probationary period as a police Patrolman an
employee’s Department and Rank Seniority shall date from the original date of appointment as
a regular full-time police Patrolman.
¶23 Section 3(b). If more than one (1) appointment is made on the same day, the seniority of
such appointees shall be in the order of rank on the eligibility list.
¶24 Section 4. Employees promoted in Rank shall serve a probationary period of six (6)
continuous months from the original date of appointment to the Rank. Any period of absence
from regular duty in excess of five (5) consecutive work days, with the exception of paid
vacation, shall not be counted toward completion of the probationary period.
¶25 Section 4(a). During this probationary period, employees may be deemed unqualified
by the Chief/Superintendent and denied regular appointment in the promoted Rank. The
Chief/Superintendent’s decision shall be subject to an arbitrary and capricious standard, and
the employee shall be notified in writing of the basis for the disqualification. Any grievance
alleging that the decision was arbitrary and capricious may be processed up to and including
arbitration, but shall not be subject to any appeal under the City’s current Civil Service
Ordinance or any Civil Service Rules and Regulations which may be adopted pursuant thereto.
Any employee who is deemed unqualified during the promotional probationary period shall
be reinstated to his/her former rank without loss of rank seniority in that rank.
¶26 Section 4(b). During any period of appeal under Section 4(a), the employee may have
the choice of being suspended or reduced to the Rank he last held. If he chooses suspension
and his appeal is not sustained, he shall have no claim for wages for the period of suspension.
¶27 Section 4(c). Upon completion of the probationary period, an employee’s Rank Seniority
shall date from the initial date of his qualifying period in the Rank.
¶28 Section 4(d). If more than one appointment is made on the same day, the Rank Seniority
of such appointees shall be in the order of rank on the eligibility list.
¶29 Section 5. An employee shall lose all seniority if:
¶30 (a) He or she voluntarily terminates his employment with the Department;
¶31 (b) He or she is discharged for just cause, or is terminated for non-disciplinary reasons
such as but not necessarily limited to inability to perform his/her duties. If such
termination is overturned, seniority shall be fully reinstated;
¶32 (c) He or she fails to return to work upon expiration of a leave of absence, unless
the employee proves that extraordinary circumstances precluded timely return and the
employee who so proves is also available to return from leave not more than ten days
following the expiration of the leave;
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¶33 (d) He or she is absent for three (3) consecutive working days without notice to the
Department unless the employee proves that extraordinary circumstances precluded
giving such notice.
¶34 An employee’s seniority shall be bridged during any period of authorized leave of absence
without pay, but no seniority shall accrue during the leave.
¶35 In addition, if any employee losing seniority returns to his or her employment with the
Department he or she shall be treated as a newly hired employee for purposes of wage rates,
vacation entitlement, longevity, seniority, sick leave accrual, and personal days.
¶36 Section 6. Both Department and Rank Seniority shall accrue during any periods of
authorized leave.
¶37 Section 7. In the event the City reduces the number of positions within any classification
in the bargaining unit, then the employee (Employee A) with the least Rank Seniority within
the classification shall be laid off first, provided that, if that employee (Employee A) elects to
accept voluntary demotion to a lower classification and lower rank, he or she shall not be laid
off if his departmental seniority exceeds the department seniority of any other employee in that
lower classification. As to the employee within that lower classification with the least Rank
Seniority (Employee B), he shall be laid off unless he (Employee B) is able to “bump” (by
following the said procedures prescribed herein) another employee (Employee C), in a still
lower classification, who has less departmental seniority than Employee B. Any recall to duty
shall be governed by Departmental Seniority and any such employee shall have recall rights
from the Preferred Re-Employment List, which List shall remain in effect for twenty- four (24)
months from the date of that employee’s layoff. Prior to being recalled, an employee must
pass a physical examination, paid for by the City. During the period of eligibility for
recall, any employee who had completed his/her initial probationary period prior to the date
of the layoff, shall be eligible to participate in training required to maintain certification from
POST. The employee shall not make any claim for payment of wages for the time spent in
such voluntary training. If a class is offered by the Police Department, the employee may attend
without charge. If there is a fee for attendance at classes outside the Police Department, the
employee shall bear the cost.
¶38 In the event the City chooses to exercise Article III Section 7 of this agreement, the
affected party shall be notified by the Chief/Superintendent of Police fourteen (14) calendar
days prior to exercising such right. Any employee who exercised his contractual rights in
accepting a voluntary demotion, rather than a “layoff” will be returned to his prior rank and
seniority once any employee is recalled from the Preferred Re-Employment List, which list
shall remain in effect for twenty four (24) months from the date of that employee’s layoff.
¶39 Section 7(a). The relevant pension provision of this Agreement notwithstanding, in the
event an employee with vested rights under the pension plan, who has taken either a demotion
in lieu of layoff, or who has been laid off under the provisions of this Article III, that employee
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shall retire at his last highest permanent rank prior to the demotion or layoff.
ARTICLE IV
HOURS OF WORK
¶40 Section 1. The regular work schedule for the Patrol Division shall be a 5-2, 5-2, 5-3
work schedule. The regular work week shall be forty (40) hours per week and eight (8) hours
per day in five (5) consecutive days. This provision shall include the Communication Control
Center, and shall not apply to certain positions in Headquarters, including but not limited to,
the Detective Bureau, the Vice and Intelligence Division and the Youth Squad where
schedules contrary to the above have been worked in the past.
¶41 Section 1(a). It is understood that in order for the 5-2, 5-2, 5-3 work schedule to properly
work, relief officers, which will be steady positions, may not be able to receive consecutive
days off. Relief positions will be filled by seniority on a voluntary basis if possible. If there
are not sufficient volunteers then assignment shall be made by reverse seniority.
¶42 Section 1(b). The Chief/Superintendent shall give the Assistant Deputy Chief twenty-
four (24) hours notice of any change in schedule except in an emergency. If the Chief modifies
the regular work day of the Assistant Deputy Chief, the shift shall begin no earlier than 0700
and end no later than 2200 hours
¶43 Section 1(c). Nothing in this Agreement shall prevent the Chief/Superintendent from
establishing new or different starting and stopping hours for any group or groups or ranks of
employees. However, the power reserved to the Chief/Superintendent to change the starting
and stopping hours of any employee or group or groups thereof shall not confer upon the
Superintendent the power to regularly schedule any employee to work more than forty (40)
hours per week or eight (8) hours per day in any five (5) day consecutive work period. In the
event that the Chief/Superintendent acts capriciously or arbitrarily in regard to the revision of
starting and stopping hours as prescribed herein, the Union reserves the right to protest this
action by implementing the Article XVI Grievance procedure and proceeding up to and
including Arbitration.
¶44 Section 1(d). Whenever an officer’s schedule (i.e., his days off) is involuntarily changed
due to a change in squad assignment, advancement from “C” Platoon to the “A/B” Platoon
rotation, promotion, reassignment, training or other such reasons, such employee will be
allowed for the first week of the new schedule to swap one day with himself, except that in
the case of training, the employee whose day(s) off fall(s) within the training schedule shall
be allowed to swap his day(s) off within the week prior to training, the training week, or the
week following the training assignment.
¶45 In order to be eligible to make such swap, as soon as possible after he is aware of such
schedule change, the officer must notify his supervisor as to what swap, if any, he would like
to make. Such swap will be permitted provided there is no cost to the City. Moreover, in such
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a circumstance, working a sixth or more consecutive work day does not require the payment
of overtime.
¶46 Section 1(e). The basic Patrol Division is divided into three (3) platoons. Each platoon
shall be divided into three (3) squads.
¶47
The starting and stopping hours of each platoon are essentially as follows:
Starting Times Stopping Times
Platoon “A” 0630 Hours 1430 Hours
0730 Hours 1530 Hours
Platoon “B” 1430 Hours 2230 Hours
1530 Hours 2330 Hours
Platoon “C” 2230 Hours 0630 Hours
2330 Hours 0730 Hours
¶48 During the term of this Agreement, structuring and composition and the starting and
stopping hours of the Platoons and/or squads thereof, and/or of other divisions or functions of
the Police Department may be amended, altered or changed by the Chief/Superintendent, as
per the limitations and prescriptions of the first paragraph thereof.
¶49 It may be necessary to introduce special groups or units which may work different hours,
in the discretion of the Chief/Superintendent. Whenever possible these groups or units will be
staffed by volunteers, provided they meet the criteria and are willing to serve the length of
time necessary for the assignment, which criteria and length of time will be made known ahead
of time. If there are insufficient volunteers, assignments will be made by the
Chief/Superintendent from among qualified candidates. Those assigned, if they wish, may
transfer out of the special group when qualified volunteers are available, provided they have
served a reasonable period of time based upon the training provided and other relevant factors,
and the transfer out shall be at a time that does not have an adverse effect on the operations of
the group or unit as determined by the Chief/Superintendent.
¶50 Prior to implementation the Chief/Superintendent will discuss the special groups or units
with the Union and will give due consideration to concerns regarding any impact of the
establishment of such a special group or unit.
¶51 Once an employee is assigned to any such special group or unit, he or she shall not be carried
on his platoon of record for overtime or any other purpose. The names of those employees
assigned to patrol and who are temporarily assigned to a special group or unit shall be listed
separately on the platoon roster indicating their regular shift of record and squad.
¶52 Section 1(f). Once an employee is assigned to days (Platoon “A” or “B”) he cannot
be bumped because a senior man on nights (Platoon “C”) decides to go on days. The Platoon
“C” senior man must wait until the next opening on days. When an opening does occur, the
Platoon “C” employees must be asked according to seniority. In order to maintain adequate
8
staffing, Platoon “C” personnel may be assigned to Platoon “B” (For the purposes of this
section such personnel assigned to Platoon “B” are considered Platoon “C” members.) When
staffing requirements, as determined by the Superintendent, allow for permanent Platoon “A”
and “B” rotation said assignment shall be made from Platoon “C” personnel.
¶53 If, in the opinion of the Chief/Superintendent, there is not sufficient personnel on Platoon
“C” to transfer someone to Platoon B then the least senior employee on Platoon “A” or “B”
would become a regular “B” Platoon personnel. Said employee will have preference over “C”
Platoon employees for the next available opening for “A” and “B” rotation.
¶54 Section 1(g). The Chief/Superintendent shall establish five (5) steady day positions, with
the sole discretion to establish five (5) additional steady day positions, within the Patrol
Division.
¶55 Section 1(h). Personnel with Monday to Friday
Schedules:
Assistant Deputy Chief Aide to Assistant Deputy Chief
Union President* Aide To Chief/Superintendent
Property & Evidence Division Aide To Deputy Chief
Meter Division
Vice & Intelligence Commander
Training Division
Records Division Commander
W.E.C.C. Commander Extra Duty Office
Court Officer Criminal Investigation Bureau
Youth Squad Commander Commander
Internal Affairs Division
*Subject To Provisions Of Article XI Section 4
¶56 An administrative schedule shall be defined as Monday to Friday, with weekends and
holidays off. For Detective Bureau coverage on weekends, a rotation among all detectives
and supervisors assigned to the Detective Bureau, Youth Squad and Vice and Intelligence
Division shall be used to cover day and evening weekend shifts. Detectives and Supervisors
covering weekend shifts shall swap their weekend days for days off during the week. For
holiday coverage, a rotating on-call list shall be used. The days and hours of work for the
Community Relations Division and the RX Units shall be as determined by the
Chief/Superintendent, in his/her discretion. The Chief/Superintendent shall provide advance
notice of the regular days and hours to be worked at least one week in advance, but may, in
exceptional circumstances, make a temporary change in hours with twenty-four (24) hours
advance notice.
¶57 Note: These provisions shall remain in effect only while these positions are in the
bargaining unit and not performed by civilians.
¶58 Section 2. Except in an emergency, an employee shall not work more than two (2)
consecutive shifts. Following any two consecutive shifts of work (including regularly
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scheduled work, a “swap,” overtime and/or extra duty), an employee must be off duty for a
minimum of seven (7) hours prior to working another shift other than his/her regularly
scheduled shift.
¶59 Section 3. An employee who desires voluntary assignment to perform overtime work
shall so notify by signing the “Voluntary Overtime Work” roster in the Administrative
Lieutenant’s Office before the start of each eight (8) week change. This shall not prevent the
Chief of Police of his/her designee from ordering an employee to hold over, even if that
employee has not signed up for the Voluntary Overtime Work roster. A card file by Rank,
Function, and Platoon of all employees requesting overtime work shall be maintained in the
office of each division. Cards of “new hires,” transfers, and promoted employees shall be
dated and placed in alphabetical order at the rear of the file.
¶60 Overtime work necessitated by the regular operations of the department shall be assigned
by Rank, Function and Platoon in the order that the employee’s name appears in the said file.
¶61 If there is a need for a Sergeant in the Communications Control Center, any qualified
Sergeant on Patrol who is available may be reassigned for the shift. If there is no available
Sergeant on duty and overtime is required, overtime shall be offered to qualified Patrol
Sergeants using the card file.
¶62 On the day before the eight week shift change (i.e., Sunday), the Platoon “B” Commander
shall cause the card files to be integrated for the Platoon “A” and the Platoon “B” employees
that are changing shifts, according to each employee’s last overtime opportunity. The files
will be integrated after the next day’s Platoon “B” shift detail has been prepared.
¶63 On the day before the eight week shift change (i.e., Sunday), the Platoon “C” commander
shall re-file the card files for Sergeants and above for all three shifts (Platoons).
¶64 Neither employees who refuse overtime work on their vacation days, or on their personal
days, or on an Article IV, Section 6 “swap day,” nor Union Executive Board members who
refuse overtime work on a scheduled day off because they are attending to union business
shall have their cards moved to the rear of the file.
¶65 As assignments are made, whether accepted or refused by the employee, that employee’s
card shall be placed in the rear of the file. There is no obligation for the person charged with
overtime hiring to leave a message on any answering machine. An entry on the overtime
hiring card indicating that an answering machine was reached will have the same status as a
“no answer” and the card will remain in place.
¶66 Within each division with employees out on vacation time, personal time or swap day will
only be called after all other employees within said division have been called, and only if they
had specifically requested to be called. For the purposes of this paragraph, a vacation day or
personal day, shall be considered the 24 hour period from 0001 hours through 2400 hours of
the calendar day or days for which the vacation day(s) or personal day(s) were requested and
10
granted. A swap ‘day’ shall be considered to encompass only the hours of the shift for which
the swap was requested and granted, and the employee may be called for ‘off shift’ overtime
in the normal hiring rotation.
¶67 Inside duty personnel on temporary administrative assignment by order of the
Chief/Superintendent shall not be entitled to overtime work. Any employee under medical
restrictions shall not be entitled to overtime work except as provided in Article XIII, Sections 5
and 6. Employees in recruit training status (as determined by the Chief/Superintendent) shall
not be entitled to overtime work.
¶68 The overtime hiring card file may be examined by the union executive board members at
any reasonable time. The weekly overtime report of the department shall be furnished to the
Union President.
¶69 Section 3(a). An employee who is available for “Off Shift” overtime work shall give
written notification to this effect to his Shift Commander. A note to that effect shall be placed
on the employee’s card in the overtime file for that employee’s shift or platoon. The phrase
“Off Shift overtime” means that the employee is available, within rank and function, on any
day for overtime work on either of his two non-working shifts. An employee, who declines
or works an “Off Shift” overtime opportunity, shall have his card placed in the rear of the
overtime file.
¶70 A Shift Commander, in hiring for overtime work, shall first ask employees, who are
assigned to the shift or platoon, and who are scheduled to be off duty on the day for which the
overtime work is required. Next, if the overtime work requirement is not met, the Shift
Commander shall utilize the overtime file of the preceding shift. The commander shall call
the first employee in that file who has indicated willingness to work “Off Shift” overtime.
Succeeding names in that file (and, if necessary, the file of the succeeding shift) of employees
who have indicated willingness to work “Off Shift” overtime will be called until the overtime
requirements are met. If the Shift Commander does not reach such employee (who has
indicated availability for “Off Shift” overtime work), that employee’s card shall remain in
place in the overtime file. When a Commander reaches an answering machine, the
Commander is not required to leave a message, and the call will be considered, and will have
the same status as a “no answer” in the movement of the overtime card (i.e., the card will
remain in place in the overtime file).
¶71 Section 3(b). The ranking officer of each Division or Platoon shall be responsible for
making the determination of the necessity for overtime work and the proper implementation of
Section 2 hereof.
¶72 If a “good faith” error is made in the assignment of overtime the aggrieved employee will
receive “make-up time”. Make up opportunities will be discussed between the aggrieved
employee and his or her platoon commander, with make-up time availability on any platoon.
Make-up time must be scheduled as soon as possible within fourteen (14) days of notification
of the resolution of the issue, and cannot be changed except for serious exigent circumstances
11
or conflict with the availability of a regular overtime opportunity. Make-up opportunities to
settle a “good faith error” situation must not affect present beats, areas, or the availability of
regular overtime hiring for other employees. Should there be an arbitration hearing based on
overtime assignments, the award shall be limited solely to “make-up time.”
¶73 Section 4. When regular shift assignments are made from or to Platoons “A”, “B”, or
“C” within the Patrol Division or within the various shifts of any other bureau, such
assignments shall be made in order of Rank Seniority.
¶74 Section 5. An employee may be required to work on his/her regularly scheduled days off
in case of an emergency, which is defined to mean a situation that cannot be anticipated by at
least twenty-four (24) hours prior to the occurrence of such an event.
¶75 In an emergency, the Chief/Superintendent or his/her designee may require and order
employees to work overtime. If circumstances permit, the Chief/ Superintendent will require or
order overtime in the following order:
by holding over the employees who are working at the time the emergency begins;
by having the employees on the next platoon called in early;
by calling in other employees who are scheduled to work on the day of the
emergency;
by calling in employees who are on their regularly scheduled day off;
by calling in employees who are on vacation.
¶76 In the event of a manmade or natural disaster, an act of terror, or an incident involving
weapons of mass destruction, the Chief/Superintendent shall have the discretion to temporarily
suspend all provisions of this Agreement which govern hours of work, work schedules,
assignments, union activity and leaves, for the duration of the emergency. The
Chief/Superintendent’s actions during such an event may include but shall not necessarily be
limited to moving the entire Department to twelve-hour shifts for the duration of the event.
¶77 Section 5(a). The Chief shall have the right to determine the extent and conditions of an
emergency.
¶78 Section 5(b). A “hold over” shall not mean working over a regular or overtime shift for
the purposes of completing an arrest report, incident report or warrant, etc., for an incident
which occurred during the prior shift. Subsequently, personnel who do work for the
aforementioned reasons cannot be held over for the remainder of the existing shift unless all
reverse seniority and other hiring provisions have been met. Personnel ending their shift, but
assigned an ancillary function such as fixed traffic post, guarding a crime scene or prisoner,
etc, shall be relieved by the first available oncoming shift personnel.
¶79 Section 5(c). Personnel who work overtime assignments on their regular day off cannot
be held over, unless all other on-shift personnel have been held over and additional personnel
are needed.
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¶80 Section 5(d). In the event that any personnel are involuntarily held over, then the
impacted employee will be compensated at twice the rate of the employee’s regularly hour
wage. Personnel shall be chosen for involuntary holdover on the basis of inverse order of
seniority. When a holdover is required to fill a need for supervisory personnel, in order to
ensure two (2) supervisors (any combination of Sergeants or Lieutenants), Sergeants or
Lieutenants shall be held over before a Patrolman will be held over to act up. Any holdover
ordered to fill the need for supervisory personnel shall be made by the Chief/Superintendent
or his designee. After an officer has been selected for involuntary holdover, his name shall be
placed at the end of the list for future involuntary overtime selection purposes. This list shall
be refreshed at the start of every all souls A platoon. After a Lieutenant has been held over
on two consecutive days he/she may not be required to be held over a third consecutive day.
¶81 Section 6. The present practice of one employee who is off duty, working for another
may be continued provided:
¶82 (a) Substitution does not impose additional cost to the Department;
¶83 (b) Such substitution is within rank only;
¶84 (c) Written notification is given to the superior officer, under whose jurisdiction the
substitution will occur, on forms provided by the City, not less than twenty-four (24) hours
prior to the shift swap.
¶85 (d) Neither the Department nor the City is held responsible for enforcing any agreement
made between employees;
¶86 (e) Jobs shall not be swapped for more than five (5) working shifts in a given calendar
month. An employee must actually swap with another employee. No employee may pay or
accept pay from another employee for working for him. The Chief/Superintendent may
permit an officer to exceed the limitations herein based on extraordinary circumstances (e.g., to
care for a child with a long-term illness).
¶87 Section 7. An employee who is (a) called back to work subsequent to the completion of,
his or her regular tour of duty, after leaving the Department, and who does so work, and (b)
an employee who is subpoenaed or otherwise required to appear as a witness in any proceedings
involving his/her employment with the City of Waterbury, including depositions, motor
vehicle hearings, weapons permit revocation hearings, tow hearings, but not limited thereto,
shall be paid for actual hours worked, but at no time less than four (4) hours of his or her
regular hourly pay.
¶88 It is the intent of the parties that employees will not be paid for appearing at labor hearings
when subpoenaed by or requested to appear by the union.
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¶89 The minimum call-back payment set forth in this section shall not apply to hours worked
which are contiguous to the employee’s regular shift hours.
¶90 Section 7(a). The provisions, and guarantee, of Section 7 hereof shall not be applicable
to work or service that is a continuation of the employee’s regular tour of duty.
¶91 Section 8. Premium overtime, which is defined to mean payment of one and one-half
(1-1/2) times the employee’s straight time hourly rate, shall be paid to an employee for each
hour, or portion thereof, worked in excess of forty (40) hours in a regular work week, as
defined in Section 1 hereof, or eight (8) hours in a work day (provided the employee was in
pay status that work week for forty (40) hours or that work day for eight (8) hours). It is the
intention of the parties that an employee in pay status who works on his scheduled day off
will receive overtime pay.
¶92 Except in the event that an employee is caused to be held over as a continuation of
the employee’s regular tour of duty (in excess of eight (8) hours per day), then an employee
will not receive the benefit of one and one--half (1 and 1/2) times the employees straight time
hourly rate of pay until that employee actually works in excess of forty (40) hours per week,
after the second (2nd) occurrence of sick time per calendar year. An occurrence of sick time is
meant to include all the days of a continuous absence from work due to the same illness and
call in.
¶93 Section 9. The City may change the pay period to a biweekly pay period, and in doing
so, may change the pay day. Prior to making such a change the City shall give the Union
at least thirty (30) days notice. If the change to a biweekly pay period requires that the pay day
be changed, the City shall make reasonable efforts to designate a pay day on Thursday or
earlier in the week.
¶94 Section 10. A Patrolman assigned to the Communications Control Center who has
sufficient Departmental Seniority to seek a shift assignment different from the one to which
he is assigned (as to the date of his request for a new shift assignment) shall be entitled to
such different shift assignment if there is an opening in said (different) shift assignment based
upon his Departmental Seniority. This provision shall sunset at such time as the City converts
to civilian staffing of the communications center.
¶95 Section 11. Employees who are called to jury duty are to be paid their regular wages for
the first five days (a juror will be paid for and not required to work any shift where more than
half the hours fall on a scheduled appearance date).
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ARTICLE V
LONGEVITY
¶96 Section 1. Employees Receiving Longevity Prior to July 1, 2005. Employees who
were receiving longevity prior to July 1, 2005 shall continue to receive longevity with the
amount frozen at the last longevity amount received. There shall be no further increases
in any employee’s longevity amount for the duration of his/her employment.
¶97 Longevity payments for such employees shall be made at the same time of year as under
the prior collective bargaining agreement.
¶98 Section 2. Employees Not Receiving Longevity Prior to July 1, 2005. No current
or future employee who was not receiving longevity pay prior to July 1, 2005 shall become
eligible for or receive any longevity pay.
¶99 Section 3. Longevity payments prescribed in this Article shall be included in the pay
distributed on the first pay day of December. There shall be no prorating of the longevity
payments prescribed by this Article. An employee shall be deemed entitled to the longevity
payment prescribed by this Article as of the first day of the calendar year.
ARTICLE VI
WORK ASSIGNMENTS - EXTRA DUTY
¶100 Section 1. The terms “Extra Police Duty” or “Extra Police Work” shall mean
assignments made for work in off-duty hours for some party or entity other than the Police
Department, including any City Department other than the Police Department, which other
party or entity shall pay (and not the Police Department) the rate of pay prescribed in this
Article. Police officers assigned to extra police duty work shall abide by the regulations,
policies, and procedures of the department.
¶101 Section 2. All Extra Police Duty assignments to Extra Police Work shall be made by
the Chief/Superintendent of Police or his or her designated representative who shall not be
below the rank of Sergeant.
¶102 Section 3(a). Effective upon signing of this Agreement, subject to the provision of
Section 3(d),the hourly rate of pay for extra police duty for a police officer shall be as
follows:
¶103 1. When working for and paid by the City or the Board of Education, one
and one- quarter (1 ¼) times the hourly rate for Sergeant;
¶104 2. When working for or paid by a party other than the City or the Board of
Education, one and one-half (1 ½) times the hourly rate for Lieutenant.
15
¶105 Section 3(b). Police officers shall be paid four (4) hours pay for each assignment or
the actual hours worked times the hourly rate, whichever is higher.
¶106 Section 3(c). The parties recognize and understand that there are certain long term
assignments requiring private duty police services for less than the four (4) hour minimum
which in the weekly aggregate exceed the four (4) hour minimum provided for in Section
3(b) above. The parties agree to discuss on a case by case basis the merits of such long term
assignments as they become available in the future, and whether they can be considered to be
included for payment to one individual each week in the total weekly aggregate hours.
¶107 Section 3(d). Any change in the hourly rate to be paid for extra duty work resulting
from an increase in the hourly rate for Sergeants or Lieutenant (whichever may be applicable)
under this Agreement shall not be applied retroactively for any extra duty hours worked prior
to the effective date of this Agreement.
¶108 Section 4. When a fifth man is to be assigned to an extra police duty job, working the
same hours as the other four (4) patrolmen, such man shall be a sergeant or above and shall
receive ten ($10.00) dollars above the total amount paid to the patrolman. If no sergeant (or
above) is available, then Department seniority prevails, and that employee shall receive the
additional compensation noted in this paragraph.
¶109 Section 5. At or about the time of the fifty-six day shift change, the Daily Bulletin
shall include a reminder that officers may sign up for Extra Duty Work.
¶110 Section 5(a). An employee who desires assignment to Extra Police Duty Work shall
so notify by signing the ‘Extra Police Duty’ roster in the Extra Duty Office. Inside duty
personnel on temporary administrative assignment by order of the Chief/Superintendent and
any employee under medical restrictions shall not be entitled to extra police duty work.
Employees in recruit training status, (as determined by the Chief/Superintendent, shall not be
entitled to extra police duty work.
¶111 Section 5(b). With the exception of extra duty assignments which the
Chief/Superintendent determines are of a sensitive nature and/or require particular customer
service skills, and which are therefore assigned in the Chief/Superintendent’s discretion, all
extra police duty assignments will be assigned on a strict rotational basis from the list of
officers who have indicated their during the sign-up period. A card file or an equivalent
electronic tracking system established from the sign-up list shall be maintained by the officer
in charge of the extra police duty office. An employee is entitled to add his or her name to the
sign-up list at any time during the sign-up period and his or her card will be placed in the rear
of the file.
¶112 Prior to designating a job as one which is of a sensitive nature and/or requires particular
customer service skills, the Chief/Superintendent shall consult with the Union President. Once
so designated, volunteers will be solicited for the job(s) and the Chief/Superintendent’s
selection of officers to fill such job(s) shall be made from that list. It is not the intent of this
16
provision to allow the Chief to grant a disproportionate amount of extra duty to a limited
number of officers.
¶113 Officers assigned to jobs which the Chief/Superintendent considers are of a sensitive
nature and/or require particular customer service shall be passed over in the rotation once for
each job assigned in the Chief/Superintendent’s discretion. The purpose of this provision is
to ensure that officers assigned to such jobs do not receive more than their fair share of extra
duty assignments.
¶114 Cards of new employees and employees who did not make prior requests for extra
duty periods shall have their cards placed to the rear of the card file in the order in which their
name(s) appear on the sign-up list.
¶115 As employees are offered extra police duty assignments, their cards will be moved
according to established practice. Whether an assignment is accepted or refused, the card will
be moved to the rear of the file. In order to maintain an equitable distribution of extra duty
police work and for the purposes of this agreement, an employee will be considered available
for all hours other than his or her regularly scheduled forty hour work week and eight hour
work day.
¶116 Requests for a private duty police officer received after the normal hours of the extra
police duty office shall be directed to the desk officer, who will attempt to fill said job from
the list of names and phone numbers of any officer who has indicated his availability on a
twenty-four-hour emergency basis. This list will be provided by the extra duty officer to the
desk officer and the Union each fifty-six day change period.
¶117 An officer accepting assignment to an extra police duty job is responsible for working
such job. In the event of sickness or other exigent circumstance, the assigned officer will
notify the extra duty office during normal business hours, or the desk officer after normal
business hours, and arrangements will be made for assigning a substitute officer.
¶118 Section 5(c). Any employee accepting assignment to extra duty work on a holiday, as
defined in Article VII, shall be paid two times the hourly rate for Lieutenant, except in the case
of work for the Waterbury Board of Education, which shall be paid at time and one- half (1.5)
the hourly rate for Sergeant. The provisions of this Section shall be applicable to Extra Duty
work performed on Christmas Eve Day.
¶119 Section 6. It is the responsibility of the employee who works an extra-duty job to submit
the extra-duty job ticket to the Extra-Duty Office fourteen (14) calendar days thereafter. Any
employee who fails to do so shall be subject to discipline.
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ARTICLE VII
HOLIDAYS
¶120 Section 1. The following holidays shall be paid, at an employee’s regular rate of pay
for one (1) work day, under the following conditions, whether actually worked or otherwise:
New Year’s Day Memorial Day
Martin Luther King Day Independence Day
Lincoln’s Birthday Labor Day
President’s Day Columbus Day
Good Friday Veteran’s Day
Easter Sunday Thanksgiving Day
Christmas Day
¶121 Section 1(a). To be eligible for the holiday pay, an employee must be in pay status on
his or her last scheduled work day prior to the holiday and on his or her first scheduled work
day subsequent to the holiday, and he or she must also be in pay status if he or she is scheduled
to work the holiday.
¶122 Section 1(b). Employees will be paid for the above holidays once annually by
accumulating such holiday pay earned and paying such to the employee entitled thereto on the
first pay day in December. A holiday falling within an employee’s sick leave or vacation
shall be charged to the employee’s sick leave or vacation, whichever is applicable, and the
holiday payment shall be made on the first pay day in December as specified above.
¶123 Section 1(c). For the purposes of Section I of this Article, whenever a controversy arises
between the Federal, State, or local government as to when a holiday shall be celebrated, the
holiday shall be celebrated on the date of the actual holiday as prescribed by Section 1-4 of
the Connecticut General Statutes, as amended. The provisions of said Sections 1-4 to the
contrary notwithstanding, the following holidays shall be celebrated on the following dates:
New Year’s Day shall be January 1st, Lincoln’s Birthday shall be February 12th,
Independence Day shall be July 4th, Veterans’ Day shall be November 11th, and Christmas
Day shall be December 25
th
.
¶124 Section 1(d). Whenever City Hall is closed in observance of a holiday, employees
with administrative hours will also be off.
¶125 In the event an employee is required to work on a holiday falling on his or her regularly
scheduled day off, he or she shall be paid for the hours actually worked at the rate of one and
one-half (1 ½) times his or her regular hourly rate.
¶126 Section 2. An employee regularly scheduled to work, and who actually works, any
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hour(s) of the 24 hour period of any of the holidays, enumerated in Section 1 hereof, shall
receive his or her regular hourly rate for the hours so worked. In addition, the employee shall
be eligible to receive the holiday pay prescribed in Section 1 hereof and payable as per Section
1 (b), provided he otherwise qualifies for such holiday pay under this Article VIII. Effective
July 1, 2023, in addition to the Holiday Pay set forth in this Article, all members except those
assigned to the CIB shall be entitled to an additional four (4) hours of Supplemental Holiday
Pay to be paid at the member’s straight time rate, if that member actually works in excess of
four (4) hours on the holiday.
¶127 In the event an employee is required to work on a holiday falling on his or her regularly
scheduled day off, he or she shall be paid for the hours actually worked at the rate of one
and one-half (1 ½) times his or her regular hourly rate.
¶128 All members assigned to the CIB shall be scheduled off during all thirteen (13)
administrative holidays referenced in Section 1 of this Article. Two (2) Detectives on both A
Platoon and B Platoon and one (1) Detective Supervisor working for one eight (8) hour shift
shall be filled by volunteers for the thirteen (13) holidays. These five (5) employees shall
receive a floating day off to be used during the thirty (30) day period following the holiday
worked. In the event that there are no volunteers to work a holiday, a Detective shall be
assigned in order of reverse seniority. No Detective shall be involuntarily assigned to work
more than one holiday per calendar year.
ARTICLE VIII
VACATIONS
¶129 Section 1. For the purposes of this Article, “vacation” or “vacations” shall refer to
annual leave paid for at the employee’s regular rate of pay.
¶130 Section 2. An employee shall be granted vacation time according to the
following:
¶131 1. An employee who has completed six (6) months of continuous service with
the City in pay status but less than one (1) year of continuous service in pay status
shall be entitled to one (1) week of vacation within the second six (6) months of his
service.
¶132 2. An employee who has completed one (1) year but less than six (6) years of
continuous service in pay status shall be entitled to two (2) weeks of vacation time off.
However, no employee shall be entitled to three (3) weeks of vacation in any one
calendar year because of the application of this sub-paragraph 2 and sub- paragraph 1
immediately preceding.
¶133 3. An employee who has completed six (6) years of service in pay status with
the City shall be entitled to three (3) weeks of vacation time off during the calendar
year that he or she will complete the six (6) years of service in pay status.
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¶134 4. Subject to the provisions of sub-paragraph 5 of this Section 2, an employee
who has completed seven (7) years of service in pay status with the City shall be
entitled to one (1) additional day of vacation time off, over the provisions of the sub-
paragraph 3 immediately preceding this sub-paragraph 4, for each completed year of
service subsequent to the seventh year of service until a maximum of four (4) weeksof
vacation time off is attained; the vacation formula of this sub-paragraph 4 shall become
operative during the calendar year that the employee will complete the said seventh,
etc., year of service.
¶135 5. An employee who has completed twenty (20) or more years of service in pay
status with the City shall be entitled to four (4) weeks and two (2) days of vacation
time off during the calendar year that he will complete the twenty (20) or more years of
service.
¶136 6. The parties agree that the phrase “week of vacation time off” as used in this
Article shall be defined to mean five (5) days off.
¶137 7. Any employee who terminates service with the Department for six (6)
consecutive months or longer shall lose all previous benefits and for the purpose of
this Article shall be treated as a new employee, if re-hired.
¶138 The City may convert vacation accrual to an hourly basis consistent with the operation
of the City’s record keeping and/or payroll system, as the same may be revised from time-to-
time.
¶139 For the purposes of this Article, the phrase “year of service in pay status” shall be
interpreted in a manner consistent with the operation of the City’s record keeping and/or payroll
system, as the same may be revised from time-to-time.
¶140 Section 3. Employees regularly scheduled to work a full-time schedule shall receive
full- time pay (at their regular hourly rate) for each week of vacation.
¶141 Section 4. Employees shall be granted their vacations by Rank Seniority preference
throughout the year subject to the demands of service as determined by the
Chief/Superintendent. Each employee must take his or her vacation time off in accordance
with the following:
¶142 1. If an employee is entitled to two (2) or three (3) weeks of vacation time off,
then he or she may “split” one (1) of his or her weeks into blocks of one (1), two (2)
or three (3) days, but must take the other week (or the other two (2) weeks in the case
of an employee entitled to three (3) weeks vacation) in blocks of complete weeks of
vacation time off.
¶143 2. If an employee is entitled to four (4) weeks of vacation, then he or she may
20
“split” two (2) of those four (4) weeks into one (1), two (2) or three (3)days of vacation
time off. The remaining two (2) weeks of vacation time off must be taken in blocks of
complete weeks of vacation time off.
¶144 Section 4(a). All requests for vacation during the summer vacation period (June 1st
through September 30th) shall be submitted by April 1
st
of that year. Vacation requests will
be submitted by employees indicating their permanent shift of record. Prior to April 30th the
Chief/Superintendent may demand that vacation requests for the month of July and/or August
must be of two weeks’ duration. On May 15th the summer vacation lists shall be posted by
the Chief/Superintendent.
¶145 Section 5. In no event shall any employee entitled to three (3) or more weeks of vacation
time off, have the right to take three (3) consecutive weeks off during the period between June
1 through September 30th or during the month of December. Prior to September 1st, any
employee who has remaining vacation time shall request such vacation time for the period
commencing the first Monday of October through December 31st. Such request shall be
granted by rank seniority. On September 15th the ‘winter’ vacation lists shall be posted by
the Chief/Superintendent. The granting by the Superintendent of any request for a specific
vacation during the 1st Monday of October through December 31st period shall be governed
by rank seniority subject to the demands of service.
¶146 Section 5 (a). If an employee does not make any request for vacation time off during
the summer vacation period prescribed by Section 4(a) and/or he is entitled to more than two
(2) weeks of vacation and does not request a specific date or dates during the period
commencing the 1st Monday of October through December 31st (as per the provisions of
Section 5 hereof),the Chief/Superintendent, subject to the restrictions of Section 4 may assign
any week or weeks or parts thereof as vacation time off for the employee; which vacation
must be taken by the employee unless the request and approval of Section 6 hereof is obtained
by the employee.
¶147 Section 6. One (1) week of vacation may be deferred and carried over from year to
year, subject to the approval of the Chief/Superintendent. Any vacation days deferred or
carried over must be used not later than March 31 of the year to which the days were carried
over. This provision shall apply to all employees, including those who are on any type of
leave, with the exception of employees on injury leave. An employee who is on injury leave
at a time when the employee was scheduled to take vacation may carry over that vacation to
the next year, and such vacation must be used within three (3) months of return from injury
leave. An employee who is on injury leave for six (6) or more months in a year and was
unable to schedule vacation may carry over up to two (2) weeks of vacation to the next year,
and such vacation must be used within three (3) months of return from injury leave. Days
carried over and not used on time shall be forfeited.
¶148 Upon retirement, subject to the approval of the Chief, an employee shall be paid in a
lump sum for any unused vacation which was carried over in accordance with the provisions
of this Article and which cannot be scheduled as vacation by the Department. Such lump sum
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payment shall not result in a delay in the effective date of the employee’s retirement.
¶149 Section 7. Once a vacation period has been assigned to an employee, and it has been
approved, said employee may request a copy of the approved vacation slip and such copy shall
be given to the employee, and no change shall be made in connection with said approved
vacation except in the event of either an emergency as defined in Article IV of this Agreement
or upon personal request of the employee affected. Such personal request shall not make any
change mandatory upon the Department.
¶150 Section 8. No employee shall be called to duty during his vacation period except for
an emergency as defined in Article IV of this Agreement.
¶151 Section 9. If an employee is suspended after having been charged with the commission
of a crime and he or she is subsequently acquitted of the crime charged, the employee shall be
considered to have been in pay status (for vacation purposes only) during the period that he or
she was under suspension and his or her vacation accrual and entitlement shall be governed
as if he or she had never been suspended in the first instance.
¶152 Section 10. Requests for vacation time off may be denied by the Chief/Superintendent,
or his or her designee, based on the needs of the Department. Denial of any such requests are
not subject to the grievance or arbitration provisions of this Agreement.
¶153 At no time shall the number of employees on vacation and/or personal leave exceed the
following, except in the sole discretion of the Chief/Superintendent:
¶154 For the Patrol Division, per Platoon:
Seven Patrol Officers on B Platoon
Two Lieutenants two Sergeants
Six Patrol Officers on A and C Platoons
¶155 For the Criminal Investigation Bureau, per
shift:
Two Sergeants if there are three assigned to the shift; one Sergeant if two are
two assigned to the shift
Four Detectives
¶156 For the Vice Squad, per
shift:
One ranking officer (Sergeant or above) if two such officers are assigned to the unit
Two ranking officers (Sergeant or above) if three such officers are assigned to the
unit up to one third of the Detectives assigned to the shift
¶157 For the Youth Division, per
shift:
Up to one third of the Detectives assigned to the shift
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ARTICLE IX
SICK LEAVE
¶158 Section 1. For the purposes of this Article, sick leave is defined as absence from work
due to non-service connected illness or injury or medical, dental or ocular treatments which
cannot be scheduled during non-working hours. Further, sick leave includes the serious
illness of a relative domiciled in the employee’s household requiring the employee’s personal
attention, if evidenced and substantiated, by medical certification presented to the
Chief/Superintendent within ten (10) working days of the taking the sick leave. Sick leave
for the illness of a member of the employee’s immediate family (defined as spouse, child,
stepchild, parent, stepparent, or any family relation domiciled with an employee as a member
of his/her family who is listed as a dependent for income tax purposes) may be taken up to a
maximum of three (3) occasions per calendar year and an aggregate of not more than eight (8)
days per calendar year.
¶159 On the first day of absence, an employee shall call his or her immediate supervisor as
soon as the employee is aware of the need for sick leave, and, to the extent possible, at least
one hour in advance of the employee’s regularly scheduled shift. After the first day, an
employee on sick leave shall call his or her immediate supervisor daily not less than three (3)
hours prior to the start of the employee’s regularly scheduled shift. The requirement to call
in on each day of absence may be waived by the Chief/Superintendent, in his sole discretion.
Prior to returning to active duty, an employee shall call his or her immediate supervisor
regarding his or return not less than three (3) hours prior to the employee’s regularly scheduled
shift.
¶160 An employee who is on sick leave and is not hospitalized is expected to remain at home
except for: attending religious services; medical appointments; voting in local, state or
national elections. This requirement may be waived by the Chief/Superintendent. In the
case of an absence which exceeds five (5) work days, such waiver shall not be unreasonably
withheld.
¶161 Employees shall be credited with sick leave eligibility as hereinafter noted, for each
complete calendar month in pay status with the City. Sick leave eligibility shall be one and
one quarter (1.25) working day for each complete calendar month in pay status. For the
purposes of this Article, the phrase “complete calendar month in pay status” shall mean that
the employee is in pay status for at least twelve (12) working days in that month.
¶162 The City may convert sick leave accrual to an hourly basis consistent with the operation
of the City’s record keeping and/or payroll system, as the same may be revised from time-to-
time.
¶163 For the purposes of this Article, the phrase “complete calendar month in pay status” shall
be interpreted in a manner consistent with the operation of the City’s record keeping and/or
payroll system, as the same may be revised from time-to-time.
23
¶164 Section 2(a). Notwithstanding the provisions and limitations contained in Section 2
hereof, the amount of sick leave on record held as a reserve credit as the result of the
application of sick leave policy in effect prior to the adoption of the present program, shall be
continued to be credited to the employee in addition to that accumulated under the formula
established in Section 2 hereof.
¶165 Section 2(b). Except as provided in 2(c) below, in the event of death or retirement,
an employee (or an employee’s estate) shall receive as terminal pay fifty percent (50%) of his
or her accumulated sick leave valued at the applicable rate in use at the time of the employee’s
death or retirement, to a maximum of seventy-five (75) days pay. Such payment shall be paid
to the employee or the employee’s estate within three (3) years of death or retirement, in
minimum installments of one-third per year.
¶166 Section 2(c). Employees may accumulate up to one hundred fifty (150) sick
days.
¶167 All sick days in excess of one hundred fifty (150) will be determined prior to February
1 each succeeding year, and paid out to the employee at a one hundred percent (100%) rate for
each year of the contract on the first payday in September of that year.
¶168 Section 3. An employee who has exhausted his or her sick leave and has exhausted
all available personal leave under the provisions of this Agreement, may request in writing an
advance of sick leave only after he has exhausted all but one (1) week of employee’s vacation
time.
¶169 Section 3(a). Such request will be reviewed by the Chief/Superintendent who will
consider the employee’s record as a whole, including his length of service and the use or abuse
of his sick leave privileges in the past. The approval or denial of a request for sick leave
advance shall be in the sole discretion of the Chief/Superintendent.
¶170 Section 3(b). In no event shall advance sick leave credit be granted in excess of thirty
(30) days for any one request.
¶171 Section 4. An employee absent on sick leave for five (5) or more consecutive work days
must submit a written doctor’s certificate from the physician/physician practice group that
normally treats the employee. The full cost of this examination or medical certificate which is
not covered by the employee’s health insurance shall be borne by the employee. The City also
may require that an employee be examined by and provide a medical certificate from a
physician designated by the City. The full cost of this examination or medical certificate
which is not covered by the employee’s health insurance shall be borne by the City. A
medical certificate must be submitted prior to an employee’s return to work on the
Department’s medical certificate form, attached hereto as Appendix A.
24
¶172 Section 5. If an employee is regularly or habitually absent for sickness or demonstrates
a pattern of sick leave use (e.g., pre- or post- other paid leave or days off, or on weekends) or
if the City questions the validity of an employee’s use of sick leave, the City may require the
employee to submit a written doctor’s certificate from the physician/physician practice group
that normally treats the employee. The full cost of this examination or medical certificate
which is not covered by the employee’s health insurance shall be borne by the employee. The
City also may require that an employee be examined by and provide a medical certificate from
a physician designated by the City. The full cost of this examination or medical certificate
which is not covered by the employee’s health insurance shall be borne by the City. A medical
certificate must be submitted prior to an employee’s return to work on the Department’s
medical certificate form, attached hereto as Appendix A. In the event the employee fails to
furnish adequate verification that the absence qualifies for payment as sick leave, the
Chief/Superintendent may elect not to pay the employee for the absence and/or issue
appropriate discipline, up to and, including termination.
¶173 Section 6. After an employee has exhausted all of his/her accrued sick leave, an
employee may use sick days donated by another employee. Donation and use of donated time
must be approved in advance by the Chief/Superintendent, in his or her sole discretion, and
under the following conditions: The employee must first exhaust all his or her personal
days, (per Article XV). Donation of sick days need not be within rank and the office of the
Chief/Superintendent will be notified in writing on forms provided by the City, not less than
five (5) days prior to its becoming effective. An employee may not access donated sick
leave to obtain payment for day(s) during which he or she has not been paid because he or she
was not in pay status on those day(s). The donating employee’s sick bank will be reduced by the
number of days which he or she donates. The employee using donated sick leave will not
accrue sick leave entitlement during the time that he or she is using donated sick days.
¶174 Whether the donating employee and the receiving employee are of the same or different
ranks, donations and repayments shall be made on a day for a day basis.
¶175 Section 6(a). An employee who donates a day or days to an employee whose sick time
is subsequently changed to injured time, the donating employee shall have the number of days
donated returned to his/her sick bank.
ARTICLE X
FUNERAL LEAVE
¶176 Section 1. Each employee shall be granted paid leave for a death in his or her immediate
family. Such leave shall start on the day of death and shall continue through and include the
day of burial. In no event shall such leave be greater than three (3) scheduled working days.
For the purposes of this Article, the term “immediate family” shall include the following:
Spouse, Child, Mother, Father, Mother-in-law, Father-in-law, Sister, Brother, Grandparent,
Son-in-law, Daughter-in-law, Step -Parents, Step-Children, Foster Parents, or Foster Children,
and former legal Guardians and/or any relative domiciled in the employee’s household.
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¶177 Section 1(a). Upon written request, in unusual or exceptional circumstances that
would prevent burial for an extended period of time, the Chief/Superintendent, upon his or her
discretion, may be granted an employee one (1) additional day for burial services.
¶178 Section 2. Each employee shall be granted one (1) day of paid leave for the death
of a Brother-in-law, Sister-in-law, Aunt, Uncle, Grandchildren, Niece or Nephew, or any
relatives listed in Section 1 above, related through blood or marriage to an employee.
¶179 Section 3. In the event that an employee requires additional bereavement time off and if
the employee has sufficient number of sick bank days available per the provisions of Article
IX hereof, the employee may be allowed an additional four (4) days beyond the three (3) days
granted in Section 1 or the one (1) day granted in Section 2 above. No more than seven (7)
days total for each bereavement leave shall be granted. The number of bereavement days
taken pursuant to the provisions of this Section shall be deducted from the employee’s sick
bank prescribed by the provisions of Article IX, Section 2, hereof.
¶180 Section 4. Employees on funeral leave will not be entitled to overtime or part-time work
on those days. In no event shall an employee be paid funeral leave for days upon which they
are not scheduled to work.
ARTICLE XI
UNION LEAVE
¶181 Section 1. The City shall pay the following noted man hours of time in each fiscal year,
to members of this Union to allow them to attend and/or prepare for labor hearings, grievances,
prohibited practice meetings, local membership and executive board meetings, Police Board,
Civil Service Commission and any other City/Board meeting or to permit them to meet with
elected or appointed officials to discuss Union concerns. Time may also be utilized to attend
conventions, educational classes and seminars or meetings with Connecticut Alliance of City
Police, AFL-CIO, Connecticut State AFL-CIO, Greater Waterbury Labor Council and
meetings with any other City Unions or organizations. Time necessary to meet with the Union
attorney or representative of Connecticut Alliance of City Police may be used under this
Section. The Union shall notify the Superintendent as much in advance as possible and in no
event less than 24 hours in advance, except in an emergency, of such absence the names of
those employees who will be attending, the duration of the absence, including the time when
the employee(s) will be off duty. The man hour payment prescribed by this section shall be
1000 man hours, except that in the year of the biennial AFL-CIO convention and in any year
in which the contract is expiring, the hours allowed shall be 1,200 man hours.
¶182 Section 2. Any employee elected by Union members or appointed by the Union to do
business for the Union shall, upon application to the Chief/Superintendent by the Secretary of
the Union, receive a leave of absence, not exceeding one year, with accrued seniority, without
pay, to attend to such business. Such a leave of absence may be extended by the
Chief/Superintendent, in his or her discretion, for additional periods up to two (2) years.
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¶183 Section 3. The City shall pay for not more than three (3) members of the negotiating
team, one of whom shall be the president, or in his or her absence his designee, for all time
lost from City assignments while negotiating a labor agreement per the provisions of the
Municipal Employee Relations Act.
¶184 Section 4. As long as the Union President is a Patrolman he will be assigned an
administrative work week. If the President is other than a Patrolman the parties will discuss
modification of this Section. The Union President shall be granted not more than 1000 hours of
Union leave time. For the purposes of overtime, he shall be carried in the overtime rotating card
system in his division of record and afforded overtime in the normal rotation. If the President
of the Police Union is absent from work because of sickness or job-related injury for more
than thirty (30) calendar days, the Union may designate another employee to be assigned to
the Monday through Friday work week schedule, after at least seventy-two (72) hours written
notification to the Chief/ Superintendent.
ARTICLE XII
LEAVE OF ABSENCE WITHOUT PAY
¶185 Section 1. The City may grant Leave of Absence Without Pay to any employee, upon
request, for a period not to exceed one (1) year for any one request. The decision regarding
approval of such request is in the sole discretion of the City and such decision shall not be
subject to the Grievance Procedure. Upon expiration of an approved Leave of Absence
Without Pay, or earlier if so requested by the employee, he or she shall be reinstated in the
position held at the time such leave was granted. In no case shall leave be granted for the
purpose of accepting other employment or self-employment.
¶186 Section 2. An employee shall not accrue any benefits during a Leave of Absence
Without Pay. During the period of such leave, an employee may continue to participate in the
City’s medical and dental plans pursuant to the terms and conditions of Article XXII, provided
that the employee pays the full cost of the monthly COBRA premiums in advance.
¶187 Section 3. An employee must work a minimum period of six (6) months upon
returning from Leave of Absence Without Pay before he or she will be permitted to take
vacation time off.
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ARTICLE XIII
INJURY LEAVE
¶188 Section 1. Each employee who is injured or disabled as a result of a service connected
injury or illness which is covered under the Connecticut Workers’ Compensation Act shall
be placed on injury leave and shall receive injury leave pay for up to twelve (12) months from
the first day of the covered injury or illness. Injury leave pay shall include both the
compensation due to the employee under the Act and supplemental pay from the City, and
shall equal the employee’s base salary, net of state and federal taxes. If an employee returns
to work on light duty not later than the end of the twelve-month (12) period, the employee’s
injury leave pay may continue until such time as injury leave totals eighteen (18) months from
the first day of the covered illness or injury
¶189 During the period of injury leave when an employee is not on light duty, the
Chief/Superintendent may require that the employee call in to him/her or a designee either
daily or on such other schedule as the Chief/Superintendent shall require. If at any time
either during the period of an employee’s injury leave or thereafter, the Chief/Superintendent
receives a medical report from a treating physician which states that the employee is
permanently unable to perform the essential functions of his/her position, the
Chief/Superintendent may terminate the employee from service following a pre-termination
meeting with the employee and a representative of the Union at which the employee or his
representative shall have the opportunity to respond to the claim that he/she is permanently
unable to perform the essential functions of the position. Following such meeting, the
Chief/Superintendent shall notify the employee and the Union in writing of his decision. If
the decision is termination, the Chief/Superintendent shall initiate a request for retirement for
the employee and so inform the employee and the Union. Neither the termination decision
nor the Chief’s initiation of the request for retirement shall affect the employee’s eligibility
for payment under the Act. In addition, for up to sixty (60) days following the Chief’s
initiation of the request for retirement, the City shall continue to make supplemental payments
to the employee as if the employee was still on injury leave. Neither the
Chief/Superintendent’s termination of an employee who is unable to perform the essential
functions of his/her position, nor the unilateral filing of a request for retirement shall be subject
to any appeal under the Civil Service Rules. The Union may appeal a termination to arbitration.
In any such arbitration, the Union shall have the burden of proving that the
Chief/Superintendent’s decision was arbitrary and capricious.
¶190 If, following the twelve-month (12) injury leave, the employee is unable to return to full
duty, but is still in a period of rehabilitation, the employee shall provide the Department with a
medical evaluation including the physician’s determination as to the extent of the injury and
anticipated date of return to duty. Said employee shall continue to be eligible for
compensation under the Workers’ Compensation Act, but shall not receive any supplemental
pay from the City; provided, however, if the employee returns to work on light duty not later
than the end of the twelve-month (12) period, the employee’s injury leave pay may continue
until such time as injury leave totals eighteen (18) months from the first day of the covered
illness or injury.
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¶191 If after, eighteen (18) months of cumulative absence or limitation to light duty after the
commencement of an absence due to work related illness or injury, the employee is unable to
return to full duty, the employee shall again provide the Department with a medical
evaluation including
the
physician's determination
as to the
extent of the
injury and anticipated
date of return to duty. After receiving such evaluation, the Chief/Superintendent, in his sole
discretion, may separate the employee from employment or may grant an extension of up to
six (6) months if it is reasonably likely that the employee will be able to return to full duty
within that time. Prior to making the decision to separate an employee or grant an extension,
the Chief shall meet with the employee and a representative of the Union to discuss the
circumstances. In conducting his analysis of facts presented at the meeting the Chief shall
give consideration to potential treatment delays that have not resulted from the injured
officer’s conduct. Following this meeting, the Chief/Superintendent shall notify the
employee and the Union in writing of his decision. An employee's eligibility for
compensation under the Act shall not be affected by the Chief/Superintendent's decision.
The decision of the Chief/Superintendent shall not be subject to any appeal under the Civil
Service Rules. The Union may appeal a termination to arbitration. In any such arbitration,
the Union shall have the burden of proving that the Chief/Superintendent's decision was
arbitrary and capricious.
¶192 Section 1(a). In the event an employee is involved in an incident resulting in serious
injury to himself or serious injury or death to another, the Chief/Superintendent may order the
employee to receive professional counseling as provided for in Section 2 of this Article.
¶193 In the event an employee uses lethal force resulting in serious injury or death to another,
said employee shall be transferred to an administrative function for a minimum period of five
(5) working days.
¶194 Section 2. Other expenses incidental to such injury, including but not limited to
medical and hospital expenses, shall be paid by the City as provided by the Workers’
Compensation Act of the State of Connecticut.
¶195 Section 3. If an employee, who is disabled in the line of duty, makes a claim or institutes
a civil action against a third party (the alleged tort-feasor) who, the employee alleges,
negligently or tortuously caused the injuries which resulted in the employee’s said disability,
and if the employee receives his full pay from the City during the period of such disability,
then the employee agrees that the City may intervene in the employee’s said civil action
against the alleged tort-feasor, pursuant to the provisions of the Connecticut Workers’
Compensation Act; and the employee agrees that, in the event of recovery against said third
party (the alleged tort-feasor) by settlement prior to, or subsequent to, suit or by judgment
or otherwise, then the City may recover, pursuant to the Connecticut Workers’ Compensation
Act, that portion of the monies payable to the employee during the period of said disability
which the City may claim are attributable to a weekly compensation (as that phrase is used in
the Connecticut Workers’ Compensation Act) whether a voluntary agreement was executed
between the employees and the City or not; and the employee further agrees that the City may
claim reimbursement from any recovery which the employee may receive from the third party
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any medical, hospital, dental, permanent partial disability payments, drugs, appliances or other
expenses paid by the City pursuant to the said Workers’ Compensation Act.
¶196 Section 4. In the event an employee sustains an injury, resulting from a trauma, within
one-half (1/2) hour prior to the time that he must report for work to commence his tour of
duty, or within one-half (1/2) hour subsequent to the time of the termination of his tour of
duty, and if said injury occurs (within the said time period) while the employee is going
directly to the Police Station from his home or other place of employment, or is sustained
subsequent to a termination of a tour of duty while an employee is going directly from the
Police Station to his home or other place of employment, the said injury shall be treated by
the City as if the said injury occurred during the course of the employee’s tour of duty and the
employee shall be eligible for benefits pursuant to the Workers’ Compensation Act and Article
XIII, Section 1 of this Agreement, as amended from time to time. The Chief/Superintendent
of Police shall be the judge as to whether the injury occurred directly on the way to, or on the
way from, the Police Station as those terms are used in the preceding sentence.
¶197 Section 5. Light Duty for Work Related Injuries:
¶198 (a) Whenever an employee suffers an injury for which workers’ compensation is
claimed, the Chief/Superintendent or his/her designee shall investigate whether there is
work available temporarily for the employee during the period of the employee’s
rehabilitation. The current job description for the position held by the employee, and
any other information concerning the essential functions of the job, will be forwarded to
the employee’s treating physician. The physician will indicate which of the essential
functions of the job the employee is and is not capable of performing, as well as any
other medical restrictions on the employee, so that the Chief/Superintendent or his/her
designee can analyze whether alternative work assignments are available.
¶199 (b) The nature and duration of a temporary light duty assignment shall be
determined by the Chief/Superintendent, in his/her sole discretion. Such assignment
shall be in a police-related area.
¶200 (c) If there is a temporary light duty assignment available, the employee will be
directed to return to work. It is understood that employees have an obligation to
accept suitable alternative work under the Workers’ Compensation Act.
¶201 (d) Employees on light duty may work overtime in their light duty assignment.
Employees on light duty will not be eligible for extra duty work.
¶202 (e) As a result of taking a light duty assignment for a work-related injury, no
employee will lose any rights they currently have with respect to promotions under
Civil Service Rules and Regulations. With respect to vacation requests, an employee
on limited duty will submit his vacation request in accordance with Article VIII-
Vacations of the collective bargaining agreement. Such request shall be given to the
employee’s normal supervisor in his regular assignment with notification given to his
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limited duty supervisor. Employees assigned to limited duty will not impact Article
XV-Personal Days, Section 2.
¶203 (f) Employees on work related light duty will work the schedule of the
unit/division to which they are temporarily assigned. Every effort will be made to
accommodate employees on limited duty with respect to keeping them on the shift and
work schedule they normally work. Employees cannot be involuntarily moved to
different shifts but depending on specific assignments may be subject to a different work
schedule (i.e. days off) if they elect to remain on their regularly assigned shift.
¶204 Section 6. Light Duty for Non-Work Related Injuries:
¶205 (a) Whenever an employee is ill or injured such that he/she is unable to perform
the essential functions of the job, but is able to work on a limited basis, the
Chief/Superintendent may, in his/her sole discretion, assign light duty work to the
employee. The current job description for the position held by the employee, and
any other information concerning the essential functions of the job, will be forwarded to
the employee’s treating physician. The physician will indicate which of the
essential functions of the job the employee is and is not capable of performing, as well
as any other medical restrictions on the employee, so that the Chief/Superintendent
can analyze whether alternative work assignments are available. Prior to denial of a
light duty assignment, the Chief shall consult with the Union. However, nothing in
this section shall require that the Police Department provide a light duty assignment
to an employee.
¶206 (b) The nature and duration of a temporary light duty assignment shall be
determined by the Chief/Superintendent, in his/her sole discretion. Such assignment
shall be in a police-related area.
¶207 (c) Employees on light duty may work overtime in their light duty assignment.
Employees on light duty will not be eligible for extra duty work.
ARTICLE XIV
MILITARY LEAVE
¶208 Section 1. The City will abide by all applicable State and Federal Laws regarding
military leave.
¶209 Section 2. An employee may swap days off with himself or herself to enable him or her
to attend mandatory drills. The employee’s commander must be notified at least four weeks in
advance of such swap by filling out a swap day slip accompanied by a notice from the
employee’s Military Commanding Officer listing the dates of the regularly scheduled drills.
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ARTICLE XV
PERSONAL LEAVE
¶210 Section 1. Each employee who completes one year or more of service shall be entitled
to personal days within each calendar year, subject to the demands of service of the Department
as determined by the Chief/Superintendent, A personal day may not be carried over to the
following calendar year. Except in an emergency situation, a request for the personal day or
days shall be made by the employee to the Chief/Superintendent or his or her designee at least
one (1) week prior to the date of the requested personal day. Personal days are non-
cumulative. Personal day entitlement shall be as follows:
1 year through 5 years 2 days
6 years and more 3 days
¶211 Section 2. At no time shall the number of employees on vacation and/or personal
leave exceed the following:
¶212 For the Patrol Division, per Platoon:
Two Lieutenants
Two Sergeants
Six Patrol Officers on A and C Platoons
Seven Patrol Officers on B Platoon
¶213 For the Criminal Investigation Bureau, per shift:
Two Sergeants if there are three assigned to the shift; one Sergeant if two are
two assigned to the shift
Four Detectives
¶214 For the Vice Squad, per shift:
One ranking officer (Sergeant or above) if two such officers are assigned to the
unit
Two ranking officers (Sergeant or above) if three such officers are assigned
to the unit
Up to one third of the Detectives assigned to the shift
¶215 For the Youth Division, per shift:
Up to one third of the Detective assigned to the shift
¶216 Once a personal day has been assigned to an Employee, and it has been approved, said
employee may request a copy of the approved personal day slip, and such copy shall be given
to the employee.
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ARTICLE XVI
GRIEVANCE PROCEDURE
¶217 Section 1. The grievance procedure prescribed by this Article is established to seek an
equitable resolution of problems that arise as a result of disputes concerning the
misinterpretation, misapplication or violation of a specific provision of this Agreement. A
grievance shall be defined as a dispute between the City and the Union or between an
employee and the City involving an alleged violation, misapplication or misinterpretation of a
specific provision of this Agreement, or a violation of Civil Service Rules. Such grievance
shall be processed in accordance with the grievance procedure steps outlined in Section 2
hereof An employee complaint, or a complaint by the Union, concerning the demotion,
suspension, fine, dismissal or other disciplinary action imposed upon an employee shall be
processed in accordance with the provisions of Section 7 hereof. Notwithstanding any other
provision of this Agreement, any decision by the Chief/Superintendent or the City, which by
the terms of this Agreement is within the discretion or policy making role of the
Chief/Superintendent or the City, shall not be subject to the grievance and arbitration
provisions of this Article, unless such discretion is used illegally.
¶218 Section 1(a). No grievance settlement made as a result of an individually processed
grievance shall contravene the provisions of this Agreement. In the event that an employee
processes a grievance without the assistance of the Union, the employee must proceed “pro
se,” without alternative representation. Only the Union may represent an employee in the
grievance and arbitration process set forth in this Agreement.
¶219 Section 2. Procedure.
¶220 INFORMAL DISCUSSION. Prior to filing a grievance, an employee or the Union
shall discuss the issue informally with the appropriate supervisor, within fifteen (15) working
days of the occurrence giving rise to the grievance. If the matter cannot be resolved
informally within this fifteen (15) work day period, the processing of a grievance, as defined
in Section 1 hereof, shall be in accordance with the following steps:
S
TEP ONE.
¶221 An employee having a grievance shall reduce it to writing by the aggrieved or his or her
representative and within fifteen (15) working days of the informal discussion with the
appropriate supervisor, the written grievance shall be submitted to the Chief/Superintendent of
Police. The Chief/Superintendent shall hold whatever meetings and make whatever
investigations he or she feels necessary to give a written answer, within twenty (20) working
days of his or her receipt of the grievance. If this answer does not resolve the problem it
may be processed to Step 2.
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STEP TWO.
¶222 All written complaints and answers received through Step 1 shall be submitted to the
City’s labor relations director within fifteen (15) working days of receipt of the written answer
in Step 1. The City’s labor relations director, or his designate, shall schedule whatever meetings
and/or make whatever investigations necessary to determine the basis on which a written
decision shall be made. The said written decision by the City’s labor relations director, or his
designate, shall be given within twenty (20) working days of the receipt, by the City’s labor
relations director’s office, of the grievance in this Step 2. If this decision does not resolve the
problem, then the question may be processed to Step 3.
S
TEP THREE.
¶223 The Union may file for arbitration, but no individual employee or group of employees
may file for arbitration. A filing for arbitration shall be submitted in writing to the State Board
of Mediation and Arbitration, with a copy to the Chief/Superintendent and the City’s labor
relations director. The filing with the State Board of Mediation and Arbitration must be
made within fifteen (15) working days of the transmittal of the written decision at Step Two.
The City or the Union may have any grievance at the State Board of Mediation and Arbitration
removed, within thirty (30) days from the date filing with same, to the American Arbitration
Association or the Alternative Dispute Resolution Center. The removing party shall bear the
cost of the filing and arbitrator fees.
¶224 As used in this Article XVI, the phrase “work days” shall be defined to mean Monday
through Friday, exclusive of Saturdays, Sundays and holidays.
¶225 Section 3. The decision of the Arbitrator, or of the Arbitration Panel, shall be final
and binding on both parties.
¶226 Section 4. The authority and the decision of the Arbitrator, or of the Arbitration Panel,
shall be limited to the interpretation and application of the provisions of this Agreement.
¶227 The Arbitrator or Arbitration Panel shall have no authority to add to, or subtract from,
or otherwise modify this Agreement.
¶228 Section 5. The time limits specified herein for proceeding from one step to the next
in the grievance procedure may be extended by mutual consent at any step in the procedure;
this extension of the time limits shall not be construed to jeopardize the substantive right of
either party.
¶229 Section 6. No employee shall be disciplined except for just cause. The
Chief/Superintendent shall have the authority to discipline an employee, up to and including
discharge without approval of the Civil Service Commission. An employee may process his
or her complaint against a disciplinary action by himself or herself or by the Union,
commencing the processing thereof in accordance with the grievance procedures prescribed
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herein at Step Two of the grievance procedure as detailed in Section 2 hereof. In the event
that an employee processes a grievance without the assistance of the Union, the employee
must proceed “pro se,” without alternative representation. However, nothing shall prohibit
the employee from securing Union representation at any time in the processing of the
grievance over the disciplinary action. The Union or the employee must file such complaint in
writing within fifteen (15) working days of the effective date of disciplinary action. Only the
Union may represent an employee in the grievance and arbitration process set forth in this
Agreement. No individual employee or group of employees may file for arbitration.
¶230 Upon the request of an officer suspended without pay for ten (10) or more days, the
Chief/Superintendent, in his/her sole discretion, may allow the officer to work through a
portion of his/her suspension, and instead forfeit vacation days commensurate with the number
of days actually worked during the suspension.
¶231 If an officer is suspended without pay for ten (10) or more days, the
Chief/Superintendent, in his sole discretion, may have the officer serve the suspension in two
or more segments, with a pay period(s) between such segments.
¶232 Section 7. Except when an employee is arrested, if an employee is demoted,
suspended, discharged, or otherwise disciplined (including written warnings), the employee
and the Union shall receive copies of all statements and records and police reports involved in
such disciplinary action. In the event an employee is arrested for the alleged commission of a
crime, then copies of the statements, etc. shall not be given to the employee until the matter is
judicially disposed of, including a nolle, or until the Prosecutor (or States Attorney) gives his
written consent to the release of the copies.
¶233 Section 8. In the event an employee receives a written reprimand and then receives
no additional discipline within two years, the reprimand shall not be used for purposes of
progressive discipline. However, the reprimand may be used to rebut an employee’s
testimony on direct examination by the Union that he/she has no history of discipline.
ARTICLE XVII
UNIFORMS, CLOTHING, AND EQUIPMENT
¶234 Section 1. All non-uniformed investigatory personnel holding the rank of Detective or
above shall be given an annual $1000 (one thousand dollars) clothing allowance to be paid
semi-annually in July and December of each year. Effective July 1, 2023, the annual amount
of this allowance will increase to $1,150 (one thousand one hundred and fifty dollars).
¶235 Section 1(a). The City shall pay, for the duration of this Agreement, to each employee
other than the employees entitled to receive the Section 1 uniform allowance the sum of $750
(seven hundred and fifty dollars) annually, to be paid semi-annually in July and December of
each contract year. Effective July 1, 2023, the annual amount of this allowance will increase
to $900 (nine hundred dollars).
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¶236 Section 1(b). The payment of the noted sums in Section 1 and Section 1 (a) represent
partial reimbursement for the cost of clothing and/or uniform cleaning and maintenance. The
increase in the uniform clothing and maintenance allowance is to cover the cost of the
replacement of the protective body armor and carriers and such replacement is the
responsibility of the individual employee.
¶237 Section 2. The City shall reimburse any employee for lost or damaged clothing and/or
his or her personal property, suffered in the performance of duty, except that there shall be no
reimbursement for uniforms or other equipment, and except there shall be a $100.00 limit on
reimbursement for lost watches or jewelry. Further, there shall be a $100.00 limit on the
reimbursement of lost, non-required, personal electronic equipment such as, but not limited
to, pagers, cell phones and computer equipment.
¶238 Section 2(a). Such claim for loss must be supported with reasonable proof of the loss of
the value of the property claimed to be lost. An employee making a claim under this section
shall sign a claim form which verifies his or her claim for loss and append the proof of loss.
The form with the attached proof shall be submitted to the Chief/Superintendent’s Office for
processing.
¶239 Section 3. The City shall issue new recruits the
following:
a) Pistol, Ammunition, Holster, And Belt
b) Three (3) Magazines And One (1) Double Magazine Case
c)
One (1) Expandable Baton
d) One (1) Handcuffs, Key, And Case
e)
One (1) OC Spray And Carrier
f) One (1) Protective Body Armor And Carrier
g) Fluorescent Safety Vests With Reflective Safety Value As Required By
Connecticut D.O.T. For Highway Use.
h) One (1) Taser, Holster, Spare Cartridges and Cartridge Holder.
¶240 In addition, the City shall provide each recruit with a Class A uniform for graduation
from POST Academy.
¶241 Section 3(a). Replacement of lost items of equipment and/or clothing will be the
responsibility of the individual employee. In the event of theft, providing the employee
exercised reasonable care, stolen items will be replaced by the City provided such claim is
supported with reasonable proof of theft. The parties understand that it is the current practice,
as modified by this Agreement, to furnish uniformed personnel who have completed their
initial probationary period with:
a) Five (5) long sleeve and five (5) short sleeve shirts with color based on rank;
b) Two pair of summer and two pair of winter trousers annually;
36
c) One summer and one winter traditional eight point hat;
d) One three season coat;
e) One (1) raincoat, hat, cape and boots;
f) Three (3) snap-on dark blue Neckties;
g) One (1) pair of white winter gloves;
h) Fluorescent safety vests with reflective safety value as required by
Connecticut D.O.T. for highway use;
i) Handcuffs, key, and case;
j) Pistol, Ammunition, Holster and Belt;
k) One (1) taser, holster, spare cartridges and spare cartridge holder;
l) Three (3) magazines and one (1) double magazine case;
m) One (1) OC spray;
n) Flashlight and batteries;
o) Metal expansion Officer’s Hat Band;
p) Length of service insignia for coat sleeves (20 years and over indicated with
numerical insignia, to be issued only on new-issue winter coats and three season
coats);
q) Sergeant chevrons sewn to shirt sleeves and outer garment sleeves;
r) Shoe shine machine in prep room;
s) Riot helmets to be readily available for distribution to all personnel required
to respond to civil disturbances.
¶242 Following initial issue, items may be replaced upon application to the Quartermaster and
approval by the Chief/Superintendent or his or her designee.
¶243 The above list of standard uniform items may be modified at any time by the
Chief/Superintendent, in his or her sole discretion, following a consultation with the Union.
¶244 The Chief/Superintendent shall determine, in his or her sole discretion, following a
consultation with the Union, what uniform items and equipment shall be issued to officers
assigned to specialized units.
¶245 Replacements for all items for which no specified time is listed above shall be subject to
the approval of the Chief/Superintendent of Police. In addition, on an as-needed basis, because
of wear and tear incurred in the line of duty, the Chief/Superintendent may authorize a greater
number of clothing items than listed in sub-paragraph a), b), and c) hereof.
¶246 Section 4. It shall be the policy for Management to accept a designated Union member
to work with it on the selection of uniforms and equipment.
¶247 Section 5. All non-uniformed investigatory personnel holding the rank of detective or
above shall, on an as needed basis, because of wear and tear, receive replacement uniforms.
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ARTICLE XVIII
PRESERVATION OF MANAGEMENT AND EMPLOYEE RIGHTS
¶248 Section 1. Except where limited by a specific provision of this Agreement, the City
retains, the right to set Department policy, goals and objectives and to plan, direct and control
Department operations and personnel, including, but not limited to, the right to hire, assign,
transfer, evaluate, discipline and/or discharge employees. More specifically, it is understood
that the City reserves the right to move and assign employees to meet needs of the Department
and the community, including the right to transfer personnel and make work assignments. In
managing Department operations and personnel, the City may establish, implement and
enforce, department regulations and policies; set and control staffing, including the right to
determine the appropriate rank for various assignments or positions; schedule work
assignments and assign officers to needed training. Further, except where limited by a
specific provision of this Agreement, the City reserves the lawful and customary rights, powers
and prerogatives of public management, including but not necessarily limited to the following
rights:
¶249 a. To determine the care, maintenance and operation of equipment and property
used for and on behalf of the purposes of the City.
¶250 b. To establish or continue policies, practices and procedures for the conduct of
City business and, from time-to-time, to change or abolish such policies, practices, or
procedures, subject to the City’s obligation to bargain over the impact, if any.
¶251 c. To discontinue processes or operations.
¶252 d. To select and determine the number and types of employees required to
perform the City’s operations.
¶253 e. To prescribe and enforce reasonable rules and regulations for the
maintenance of discipline and for the performance of work in accordance with the
requirements of the City, provided such rules and regulations are made known in a
reasonable manner to the employees affected by them. Prior to the promulgation of
new or modified rules and regulations, the Chief/Superintendent shall meet with the
Union to discuss them and shall give due consideration to the Union’s
recommendations concerning same. The City shall bargain with the Union over the
impact, if any, of the Chief/Superintendent’s decision.
¶254 f. To ensure that related duties connected with departmental operations,
whether enumerated in job descriptions or not, are performed by employees.
¶255 g. To create job specifications and to revise existing job specifications as
deemed necessary.
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¶256 The City shall have the right, without limitation, to determine what department and
what employees of the City, if any, shall be designated as “First Responder.” In the event that
the City decides to remove First Responder duties from police officers, the City shall give
written notice to the Union and the City shall negotiate with the Union over the impact, if any,
of its decision. If the City decides to remove First Responder duties from the Police
Department, the City shall not lay off any employee as a result of that decision.
¶257 The City shall have the right, without limitation, to transfer work that may be
performed by civilians from bargaining unit employees to civilian employees or
subcontractors in the following areas: communications center/dispatching, records, meter
work, animal control, forensic laboratory, property and evidence, quartermaster, and traffic
signal maintenance. If the City intends to transfer work to civilians, the City shall give written
notice to the Union and the City shall negotiate with the Union over the impact, if any, of its
decision. Further, if this work is transferred to employees in other City bargaining units, the
City shall retain the right to use police officers in light duty or relief work in the civilian
positions.
¶258 Section 2. No employee shall engage in any ongoing activity of a volunteer
emergency nature which is known to have caused heart and hypertension problems as covered
under Sections 7-314a 7-433c of the Connecticut General Statutes. No employee shall engage
in any ongoing activities of a paid or career emergency nature which are known to have caused
heart and hypertension problems as covered under Sections 7-314a and 7-433c of the
Connecticut General Statutes, without the prior agreement of the two (2) municipalities
involved. This provision shall not reduce the benefits to the Waterbury Police Department
employee. This provision shall not apply to any activity in the employ of the City of
Waterbury. The City shall provide forms for all new hires to indicate their compliance with
this provision.
¶259 Section 3(a). No Department member shall be required to take a polygraph
examination.
¶260 Section 3(b). Upon request of an employee, a Union Executive Board Member shall
be present when such employee is questioned by the Superintendent, or any investigating
authority, providing such questioning may result in disciplinary action.
¶261 Section 3(c). In the event any civil action for damages is brought against an
employee hereunder individually, and the City is not made a party to any such action, the City,
through the Corporation Counsel’s office, reserves the right to appear for, and defend, the said
employee (hereinafter called the defendant). If the City’s Corporation Counsel’s office does
not appear for the defendant, then the City will pay reasonable attorney’s fees for an attorney
selected by the defendant to represent him. If the defendant hereunder is found liable and a
judgment for damages is rendered against him, the City obligates itself to pay such damages
and reasonable counsel fees for the defendant, as aforesaid, providing the defendant’s liability
results from action of the defendant arising out of and in the course of his employment as an
employee hereunder, and further providing that such judgment against the defendant is not
39
based upon a finding that there was wanton or willful action of the employee. If such a civil
action is settled prior to judgment, which settlement obliges the employee to pay money
damages, then the City shall pay the amount of the settlement and reasonable attorney’s fees
(as aforesaid) for the defendant’s attorney (if the Corporation Counsel’s office has not
appeared for the defendant) provided, however, that the amount and terms of the settlement
have been approved, in advance, in writing, by the Corporation Counsel. Nothing in this
section shall limit the provisions of Connecticut General Statutes, Section 7-101 a.
¶262 Section 3(d). When an employee hereunder is charged with the commission of a crime,
the matter shall be handled as provided in the Police Department Duty Manual, Chapter 102,
Article 2, Section 2.4. The employee shall not be suspended without pay solely on the basis
of an arrest or criminal charge.
¶263 Section 3(e). Any Civil Service Rule and Regulation or Charter provision to the contrary
notwithstanding, an employee, as that term is defined in Article I hereof, may reside anywhere
in Connecticut.
¶264 Section 3(f). Within sixty (60) days of the date of the execution of this Agreement, the
City shall provide each employee, and to each new employee when hired, a copy of this
Agreement and in addition, shall supply the Union President with at least fifty (50) copies of
this Agreement.
¶265 Section 3(g). In the event the Chief/Superintendent decides to conduct disciplinary
hearings it is agreed that the individual involved will be invited to attend at his own expense.
Any other personnel who are specifically requested by the Chief/ Superintendent to attend the
hearing will be compensated at their normal rate of pay.
¶266 Section 3(h). As used in this Section, the term “derogatory material” shall mean
written material concerning an employee which asserts that the employee’s work, appearance,
or attitude is less than professional. When any derogatory material is received and placed into
the employee’s personnel file by the Superintendent, the affected employee or employees shall
be shown said material and have the opportunity to receive a copy of such material.
¶267 At any time, an employee may file a written rebuttal to such derogatory material and
such written rebuttal shall be placed in the employee’s personnel or complaint file.
¶268 Section 4(a). When there is a vacancy in a promotional position (a classification in
the Police Department in a salary range above the rank of Patrolman) for which the Police
Department budget includes funding, said vacancy is to be filled from an eligibility list for the
classification in existence at the time such vacancy occurred. The Superintendent of Police,
no later than seven (7) days after the date of the decision to fill the vacancy, shall request
the Personnel Director to certify the eligibility list, and within seven (7) days after such request
is made, the Personnel Director shall so certify. The Chief/Superintendent, no later than thirty
(30) days after the date on which such certification is made, shall appoint one of those eligible
to fill such vacancy. The eligibility list in existence at the time this vacancy occurred shall
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be deemed not to have expired until the appointment to such vacancy has been made.
¶269 Section 4(b). Whenever a vacancy in a promotional position, as determined by the City,
is to be filled and there is no appropriate eligibility list in existence, the Personnel Director,
within one hundred twenty (120) days of the date of the decision to fill such vacancy, shall
conduct a competitive examination. Pending completion of the examination and appointment
process for a promotional vacancy, the number of filled positions in the rank or classification
involved may fall below the minimum number for said rank or classification listed in the
Charter and General Ordinance for the City of Waterbury.
¶270 Section 4(c). All examinations, rating of candidates, establishment of eligibility lists
and appointments to promotional vacancies within the Police Department from such lists shall
be conducted in accordance with the City’s current Civil Service Ordinance and any Civil
Service Rules and Regulations which may be adopted pursuant thereto, except there shall
be
no advantage nor disadvantage as a result of residency in regard to promotions.
All
appointments on and after July 1, 2005 shall be in accordance with the "Rule of Three"
as
provided in the civil Service Ordinance.
ARTICLE XIX
UNION ACTIVITIES
¶271 Section 1. The Union shall notify the Personnel Director and the Board of Aldermen
in writing of the names of all Union Officers and Platoon Representatives.
¶272 Section 2. Union activities required to administer this Agreement shall be carried on
with the approval of the Chief/Superintendent in such a manner as not to interfere with
Department activities.
¶273 Section 3. The City shall designate a location for one bulletin board on the premises of
the Police Department in the prep room for the purpose of posting notices concerning Union
business and activities. This shall be an enclosed bulletin board with a lock and shall be
furnished and controlled by the Union.
¶274 Section 4. The City shall furnish the Union with copies of all orders and memoranda of
the Chief/Superintendent, and the Deputy Chief/Superintendent, pertaining to work
assignments of employees or of suggested disciplinary action or actual disciplinary action
against an employee.
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ARTICLE XX
NO STRIKE OR LOCKOUT
¶275 Section 1. During the life of this Agreement, there shall be no strikes, slowdowns,
suspension or stoppage of work in any part of the City’s operations by any employee or
employees and there shall not be any lockout by the City in any part of its operations. There
shall be no picketing or leafleting in uniform.
ARTICLE XXI
WAGES
¶276
Section 1.
¶277 (a) Effective and retroactive to July 1, 2022, annual wages for all union positions at
all steps shall increase by eight percent (8%) over the annual wage rates paid on
June 30, 2022.
¶278 (b) Effective and retroactive to July 1, 2023, annual wages for all union positions at
all steps shall increase by four percent (4%) over the annual wage rates paid on
June 30, 2023.
¶279 (c) Effective and retroactive to July 1, 2024, annual wages for all union positions at
all steps shall increase by three percent (3%) over annual wage rates paid on June
30, 2024.
¶280 (d) Effective and retroactive to July 1, 2025, annual wages for all union positions
at all steps shall increase by five percent (5%) over the annual wage rates paid on
June 30, 2025.
¶281 The schedule of wages shall be attached to this Agreement as Appendix C.
¶282 Section 2. New patrolmen who are not lateral transfers shall be hired at the “E” Step.
Patrolmen below the maximum pay will advance to the next step as follows:
¶283 Upon attaining Police Officer Standards Training Council (POST-C) Certification, and
after notice to the City and Union of such attainment, the patrolman will advance to Step D,
after two (2) years of completed service will advance to Step C, after three (3) years of
completed service will advance to Step B, and after four (4) years of completed service will
advance to Step A.
¶284 Section 3. When an employee performs, with the authorization of the Chief/
Superintendent or his or her designee, a substantial portion of the duties of a higher
classification for a day, or a major portion thereof, he or she shall receive a normal day’s pay
for the higher classification.
42
¶285 Section 4. Meal allowances at the rate of four dollars ($4.00) per meal shall be provided
for those employees required to work beyond their normal scheduled work hours, when ordered
to do so by the Chief/Superintendent in an emergency situation. The negative definition of
“emergency” as utilized in Article IV, Section 4 (a) hereof, shall apply to this situation. The
payment of meal allowances shall be made only when such emergency overtime work requires
the employee to work more than three and one-half (3-1/2) hours beyond the scheduled
termination time of his scheduled shift. The City shall not be required to pay this meal
allowance when meals or sandwiches and coffee for the employees have been otherwise
provided.
¶286 Section 5. The City shall reimburse, upon the passing of the course with a grade of
C or better, seventy-five percent (75%) of the tuition and laboratory fees per course paid by
the employee for those employees enrolled in Law Enforcement courses at the college level
while attending a State of Connecticut supported Community College or Technical College or
State supported college or university. As to those employees who enroll in said College Level
Law Enforcement Courses in a private school they will be reimbursed only to the extent of
seventy-five percent (75%) of the cost of a state supported school. The City shall make the
reimbursement payment, prescribed herein to the employee upon the employee presenting to
the office of the Police Department Quartermaster the proof of successful passage of the
course, with a grade of C or better, and a receipt from the college indicating the tuition and/or
laboratory fees cost of the course and the amount thereof paid by the employee.
¶287 Section 6. The following dollar amounts shall be added to the annual base salary of
each employee who holds the following degrees in, or has satisfactorily completed the
following course credits in, Police Science or Police Administration, or an allied program of
study in the Law Enforcement field from an accredited college or university:
Master’s Degree in Police Science $800.00
or Police Administration, etc.
Bachelor’s Degree in Police Science $600.00
or Police Administration, etc.
Ninety (90) Course Credits in Police $400.00
Science or Police Administration, etc.
Sixty (60) Course Credits in Police $300.00
Science or Police Administration, etc.
Thirty (30) Course Credits in Police $200.00
Science or Police Administration, etc.
Twenty (20) Course Credits in Police $100.00
Science or Police Administration, etc.
¶288 Any employee who is enrolled in a Police Science or Police Administration or an allied
program of study in the Law Enforcement field from an accredited college or university
whose academic year is based upon a quarter-semester, rather than a tri-semester, program
shall be entitled to the dollar amounts prescribed by the preceding paragraph upon the
satisfactory completion of a number of quarter-semester hours which is 3/2’s (1.5 times) the
43
number of tri-semester course credits enumerated in the preceding paragraph.
¶289 Section 6(a). Any employee who obtains the degrees or satisfactorily completes, the
course credits in the police science or police administration, or in an allied program in which
he or she is enrolled in the law enforcement field, shall receive the dollar amounts prescribed
in Section 6 hereof, which dollar amounts (applicable to Section 6, supra, and this Section (a))
shall be payable to the employee in one lump sum on the first pay day in December so long as
he remains a member of the bargaining unit and which payments shall be made in the
December of the year subsequent to the year during which the employee attains or has attained
the noted course credits or degrees.
¶290 Section 6(b). If an employee is required by the Chief/Superintendent, and is so assigned,
to attend a school or educational program outside the City of Waterbury where the employee
is required to stay overnight by reason of the regulations of the school, program, or of the
distance involved, the employee shall receive, in addition to his or her regular base pay,
reimbursement for reasonable travel and living expenses incurred by the employee in
attending said school or educational program.
¶291 Section 7. The use of City owned vehicles for commuting to and form home should
be limited to employees in those duty assignments who have responsibility for on going and
recurring time critical emergency response, as determined by the Chief/Superintendent, in his
sole discretion. The vehicle is to be used only for commuting to and from home and not for
any other personal use unless specifically authorized by the Chief/Superintendent. Such
vehicle us shall be determined by the requirement of duty assignment and not considered as
part of the compensation package for and rank or individual employee.
¶292 Section 8. All members shall be required as a condition of employment to authorize
direct deposit of their paychecks
ARTICLE XXII
INSURANCE
¶293 Section 1. Health Insurance Plans.
The City shall provide the insurance program described as follows:
¶294 a. Medical Plans. Each employee shall have the option to enroll in one of the
following medical insurance plans:
Effective July 1, 2017:
¶295 1. The Open Access Plus OPS Plan with the following co-payments:
$20 for all office visits
$40 for visit to a specialist
$75 for emergency room/urgent care
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$200 for outpatient surgery
$500 inpatient hospitalization
¶296 There is an unlimited lifetime maximum benefit for in-network providers. For out-of-
network services, there shall be an annual deductible of 400/800/1,200 for individual, two
person, and family coverage with subsequent coinsurance of 30% on covered expenses of up
to $4,000/8,000/12,000 respectively for individual, two person, and family coverage. The
maximum “out-of-pocket” expense associated with the out- of-network cost share is
$1,600/3,200/4,800 for individual, two person, and family coverage respectively. If a non-
network provider is used, the employee or dependent may be subject to balance billing above
and beyond the allowable maximums. There is an unlimited lifetime maximum benefit for
in-network providers.
¶297 2. The Open Access Plus OPE Plan, with services limited to network providers;
out- of- network services are not permitted. The following co-payments apply:
$20 for office visits
$40 for visit to a specialist
$75 for emergency room/urgent care
$250 for outpatient surgery
$500 inpatient hospitalization
¶298 Prior authorization is required for inpatient and outpatient hospital services. There is an
unlimited lifetime maximum benefit.
¶299 Effective July 1, 2019, a High Deductible Health Plan and Health Savings Account
program will be available (referred to as the HDHP-HSA). The HDHP-HSA shall be the
exclusive health insurance option available to officers hired after July 1, 2018. Officers hired
prior to July 1, 2018, shall have the option to voluntarily elect coverage under the HDHP-
HSA during any open enrollment period or as otherwise permitted by law. Any officer
voluntarily opting into the HDHP-HSA shall not have the option to move to the Open Access
Plus OPE or OPS plans thereafter. Any officer hired prior to July 1, 2018, who is not insured
through the City Plans, may elect to obtain insurance through the OPE, OPS or HDHP-HSA
during the open enrollment preceding July 1, 2019. At the close of the 2019 open enrollment
period the OPE and the OPS plans will be closed, and no additional entries will be allowed.
Any officer hired prior to July 1, 2018 who elects for or maintains coverage (by not changing
coverage in the open enrollment period) under the OPS or OPE plan prior to the closure of
the OPS or OPE plans may thereafter elect for coverage in the HDHP-HSA in subsequent
open enrollment periods. Any active employee who is in the OPE or OPS plans at the time
of their closure following the 2019 open enrollment period, in subsequent open enrollment
periods may move between the OPS and the OPE plans.
¶300 1. The High Deductible Health Plan (HDHP-HSA) with a $2,000/$4,000 Deductible
funded jointly through a Health Savings Account.
45
Health Saving Account Funding and Timing: The City shall fund the following portion
of the employee’s annual deductible into the employee’s HSA according to the
following schedule:
a. During the first plan year, the City will fund fifty percent (50%) of the
deductible into the employee’s Health Savings Account during July 2019.
b. Effective starting the second plan year, the City will fund fifty percent
(50%) of the annual deductible by making pro-rated payments into the
employee’s Health Savings Account on a quarterly basis, with quarterly
payments made on the first regularly scheduled payroll occurring in the
quarter.
Once the annual deductible is met, the maximum out-of-pocket expenses is
$6,650/$13,300 for individual and family coverage respectively. Prescription drug
costs and in-network medical costs apply towards the annual HDHP deductible. Once
the annual deductible is met, only prescription drug co-pays shall apply to the
employee for in-network coverage
For out-of-network services, there shall be a deductible of $2,000/$4,000 for
individual and family coverage respectively. After the deductible has been satisfied
there shall be coinsurance of 30% on covered expenses. The maximum “out-of
pocket” expenses associated with the out-of-network cost share is $ 6,650/13,300 for
individual and family coverage respectively. If a non-network provider is used, the
employee or dependent may be subject to balance billing above and beyond the
allowable maximums.
¶301 Health Reimbursement Account: Subject to all applicable IRS regulations, a Health
Reimbursement Account (“HRA”) shall be made available for any employee who is
precluded from participating in a Health Savings Account (“HSA”) because the
employee is prohibited from participation in an HSA by federal law, regulation, or
rule. The annual maximum reimbursement by the City for employees participating in
the HRA shall not exceed the dollar amount of the City’s annual HSA contribution for
employees enrolled in the HSA.
¶302 b. Prescription Drug Benefits.
Effective on July 1, 2023, participating members who elect medical coverage shall enroll in
one of the following plans and, along with their covered dependents, shall participate in the
CIGNA Advanced Utilization Management (AUM) program. AUM Programs are comprised
of Prior Authorization, Step Therapy, Drug Quantity Management and Opioid Management,
and so long as said Programs (or any comparable programs pursuant to Article 22, Section 4
herein) are still utilized by the City of Waterbury, they shall survive the expiration of this
46
Agreement covering the period of July 1, 2022 through June 30, 2026 unless modified by the
City and the Union through the statutory negotiations process. Step Therapy shall be applied
only prospectively for any new medications prescribed on or after July 1, 2023 and shall
‘grandfather’ existing prescription medications prescribed before said date. All other AUM
Programs shall be effective, without restriction, to existing prescription medications and those
medications prescribed in the future for covered members and their dependents. Prior to the
date of this Agreement, the City and Union had discussions with respect to the Express Scripts,
Inc. (ESI) AUM program once utilized by the City. The City represents that the CIGNA AUM
program is substantially similar to the ESI program previously utilized by the City.
¶303 1. Employees who enroll in the Open Access Plus OPS Plan shall enroll in the
CIGNA Three-Tier Prescription Drug Plan with co-payments of $10 for generic drugs, $20
for listed brand name drugs, and $30 for non-listed brand name drugs, and required generic
substitution, for a 30-day supply. Mail order co-payments for a 90-day supply of
maintenance medications are twice the co-pay for a 30-day supply. For non- participating
pharmacies, the plan pays 70% of the CIGNA allowance.
¶304 2. Employees who enroll in Open Access Plus OPE shall enroll in the CIGNA Three-
Tier Prescription Drug Plan with co-payments of $5 for generic drugs, $10 for listed brand
name drugs, and $30 for non-listed brand name drugs, and required generic substitution,
for a 30-day supply. Mail order co-payments for a 90-day supply of maintenance
medications are twice the co-pay for a 30-day supply.
¶ 305 3. Employees who enroll in the HDHP-HSA shall enroll in the CIGNA Three-
Tier Prescription Drug Plan, as provided to bargaining unit members in the OPS and OPE
plans. Prescription drug costs at the CIGNA negotiated rates will apply towards the annual
HDHP deductible. Upon reaching the HDHP deductible, prescriptions co-payments of $5 for
generic drugs, $10 for listed brand name drugs, and $30 for non-listed brand name drugs, and
required generic substitution, for a 30-day supply shall become the effective prescription costs.
Mail order co-payments for a 90-day supply of maintenance medications are twice the co-pay
for a 30-day supply. For non-participating pharmacies, the plan pays 70% of the CIGNA
allowance.
¶306 c. Dental Plan.
¶307 Employees who enroll in one of the medical plans made available shall have the option
to enroll in the dental coverage that is associated with each specific health plan. The dental
coverage associated with the above referenced medical plans is the Delta Dental PPO plus
Premier Flex dental 2. The following shall apply to this plan:
¶308 100% coverage for preventive services and 50% coverage for basic services, in each case
as defined in the Memorandum of Agreement dated March 19, 2007.
¶309 A deductible of $50, $100, or $150 respectively shall apply for individual, two person,
or family coverage, except as set forth in the Memorandum of Agreement dated March 19,
47
2007.
¶310 A calendar year maximum of $1,000 per participant.
¶311 Dental Coverage may not be elected independent of City’s medical coverages.
¶312 Section 2. Premium Cost Sharing. Employee premium cost sharing shall be by
payroll deduction and shall be as follows:
¶313 a. Medical. Each employee shall pay the following portion of the premium or
premium equivalent for the above medical plans for the coverage of the employee and the
eligible dependents of the employee:
¶314 Effective July 1, 2022:
Open
A
ccess Plus OPS Pla
n
21%
Open
A
ccess Plus OPE Pla
n
17%
HDHP-HSA 17%
¶315 Effective July 1, 2023
Open
A
ccess Plus OPS Pla
n
21%
Open
A
ccess Plus OPE Pla
n
17%
HDHP-HSA 17%
¶316 Effective July 1, 2024
Open
A
ccess Plus OPS Pla
n
22%
Open
A
ccess Plus OPE Pla
n
18%
HDHP-HSA 18%
¶317 Effective July 1, 2025
Open
A
ccess Plus OPS Pla
n
22%
Open
A
ccess Plus OPE Pla
n
18%
HDHP-HSA 18%
¶318
b. Prescription. Each employee who is enrolled in the prescription plan shall pay:
Effective July 1, 2022
: 25%
Effective July 1, 2023: 25%of any plan offered.
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Effective July 1, 2024: 25% of any plan offered.
Effective July 1, 2025: 25% of any plan offered.
¶319
c. Dental. Each employee who is enrolled in the dental plan shall pay:
Effective July 1, 2022: 23% of any plan offered.
Effective July 1, 2023: 23% of any plan offered.
Effective July 1, 2024: 23% of any plan offered.
Effective July 1, 2025: 23% of any plan offered.
¶320 d. The City shall provide a premium cost sharing plan on a pre-tax basis. The City shall
also establish such plan(s) as are required to allow employees to elect participation in:
¶321 (1) a flexible spending account; ; and/or
¶322 (2) a dependent care assistance plan t.
These plans shall be established and administered in accordance with Internal Revenue Code
requirements.
¶323 Section 3. The City shall provide, without charge to the employee, life insurance in the
face amount of the employee’s annual base salary (that is Article XXI wages on an annualized
basis) rounded up to the next $ 1,000. An individual employee may purchase additional life
insurance up to his annual salary at his own expense.
¶324 Section 4. Change of Carrier or Administrator of Plan(s). The City may elect to
change insurance carrier(s)/administrator(s) during the life of this Agreement for any of the
benefits specified in this Article, provided the coverage is at least comparable to the coverage
in effect immediately prior to the change. “Comparable” means same overall plan design,
equivalent benefit levels as to each of the major elements of the plan, and comparable value
(balancing off pluses and minus) as to the remaining elements of the plan. The City agrees to
give the Union reasonable notice and to discuss with the Union prior to any change in
carrier(s)/administrator(s). In the event of a dispute over the interpretation or application of
this Section, the Union may, within thirty (30) days after being notified of a health insurance
change, request grievance arbitration without proceeding through the initial steps of the
grievance procedure. The request for arbitration shall include a listing of the element or
elements of the plan that the Union claims are not “comparable” to the pre-existing plan.
Arbitration shall be conducted by a mutually acceptable arbitrator, or if none can be agreed
upon within five (5) business days of the Union’s notice of arbitration, by the Alternative
Dispute Resolution Center in accordance with its rules and procedures. The costs of
arbitration shall be shared equally by the parties, but at no time shall the cost to the Union
exceed $5,000. The network of providers must be seventy-five percent (75%) of the network
on July 1, 2005. The following shall be excluded in determining whether a plan is
“comparable”: out-of-state reciprocal arrangements for non-emergency care, provided that
there is at least one plan option that includes out-of-state reciprocal arrangements; claims
49
processing; plan documents, definitions and wording.
¶325 The City may change a carrier or administrator of a plan (medical, dental, prescription)
once each contract year.
¶326 Section 5. The City agrees to the Union instituting and maintaining a voluntary Sickness
and Accident Plan and/or a voluntary Annuity, I.R.A. or similar retirement enhancement plan
or program. It is understood that the City will not be obliged for any portion of the cost or
premiums involved in such plans or programs.
¶327 Section 6. Any question concerning payment of benefits pertaining to any of the
aforementioned provisions shall be determined by the insuring company in accordance with
the provision of such policies.
¶328 Section 7. Retiree Medical Insurance.
¶329 (a) Employees hired prior to July 1, 1999
¶330 Those employees who are participating in the City's medical insurance plan at the time
of retirement, and who retire with a full normal retirement, and who are not eligible for
Medicare at the time of retirement, shall be eligible to participate in such medical insurance
plan which the City provides to active bargaining unit employees, as such plans may change
pursuant to any successor collective bargaining agreement, subject to the same conditions as
may exist at any time for such active employees including the City’s contribution to the HSA
if the retiree is covered under the HDHP-HSA plan until federal law, regulation, or rule
prohibits further contributions by the City. Such coverage shall be provided to the retiring
employee and his/her eligible spouse at the time of retirement and/or eligible dependents at
the time of retirement.
¶331 During the period of participation in the medical plan offered to active bargaining unit
employees, retirees shall pay the same premium cost share as active employees are required to
pay pursuant to this Agreement or any successor agreement, as such may change from time to
time; provided, however, that the amount of premium cost sharing for an employee who was
vested in the pension plan as of June 30, 2009 shall be capped at the dollar amount the
employee paid in his/her last year of employment prior to retirement.
¶332 Retirees who are eligible for Medicare at the time of retirement or who become eligible
for Medicare subsequent to retirement and who wish to continue to receive retiree health
insurance coverage from the City must participate in Medicare Part A and Part B and shall be
responsible for any premiums for Medicare A and B. The City will provide access to a
Medicare supplement plan and the retiree shall be responsible for 20% of the cost of the
supplemental plan. The retiree may enroll his/her eligible spouse who was enrolled in a plan at
the time of retirement and/or eligible dependents that were enrolled in a plan at the time of
retirement subject to payment of 20% of the applicable cost of the plan. The retiree may not
enroll any spouse or dependents that were not enrolled in a plan at the time of retirement.
50
¶333 Should the City obtain a subsidy from the state or federal government, or any cost
savings, for offering prescription drug benefits to Medicare eligible retirees and/or spouses,
such subsidy or savings shall belong exclusively to the City to the extent permitted by
applicable law.
¶334 (b) Employees hired on or after July 1, 1999, but prior to July 1, 2009.
¶335 Those employees who are participating in the City's medical insurance plan at the time
of retirement who retire with a full normal retirement, including, for purposes of this section,
disability retirement, and who are not eligible for Medicare or medical insurance coverage
from another employer at the time of retirement, shall be eligible to participate in such medical
insurance plan (s) which the City provides to active bargaining unit employees, as such plans
may change from time to time, and subject to the same conditions as may exist at any time for
active employees
including the City’s contribution to the HSA if the retiree is covered under
the HDHP-HSA plan until federal law, regulation, or rule prohibits further contributions by
the City. Such coverage shall be provided to the retiring employee and his/her eligible spouse who
was enrolled in a plan at the time of retirement and/or eligible dependents that were enrolled in a
plan at the time of
retirement subject to payment of the applicable cost of the plan. The retiree may
not enroll any spouse or dependents after the time of retirement.
¶336 During the period of participation in the medical plan offered to active bargaining unit
employees, retirees shall pay the same premium cost share as active employees are required to pay
pursuant to this Agreement or any successor agreement, as such may change from time to time;
provided, however, that the amount of premium cost sharing for an employee who retires with a
disability pension shall be capped at the dollar amount the employee paid in his/her last year of
employment prior to the disability retirement.
¶337 Retirees who are eligible for Medicare at the time of retirement or who become eligible
for Medicare subsequent to retirement and who wish to continue to receive retiree health
insurance coverage from the city must participate in Medicare Part A and Part B and shall be
responsible for any premiums for Medicare A and B. The City will provide access to a
Medicare supplement plan and the retiree shall be responsible 50% of the cost of this
supplement plan. The retiree may enroll his/her eligible spouse who was enrolled in a plan at
the time of retirement and/or eligible dependents that were enrolled
in
a plan at the time of
retirement subject to payment of 50% of the applicable cost of the plan. The retiree may not
enroll any spouse or dependents that were not enrolled in a plan at the time of retirement.
¶338 Should the City obtain a subsidy from the state or federal government, or any cost
savings, for offering prescription drug benefits to Medicare eligible retirees and/or spouses,
such subsidy or savings shall belong exclusively to the City to the extent permitted by
applicable law.
¶339 (c) Employees hired on or after July 1, 2009.
.
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¶340 Those employees who are participating in the City's medical insurance plan at the time
of
retirement who retire with a full normal retirement, including, for purposes of this
section,
disability retirement, and who are not eligible for Medicare or medical insurance
coverage
from another employer at the time of retirement, shall be eligible to participate in
such
medical insurance plan(s) which the City provides to active bargaining unit employees,
as
such plans may change from time to time, and subject to the same conditions as may
exist
at
any time for active employees, carrier permitting, provided the retiring employee
pays
102%
of the applicable cost of the plan. Such coverage shall be provided to the
retiring
employee
and his/her eligible spouse who was enrolled in a plan at the time of
retirement
and/or eligible
dependents that were enrolled in a plan at the time of retirement subject
to
payment of 102%
of the applicable cost of the plan, the retiree may not enroll any spouse
or
dependents after the
time of
retirement.
¶341 Retirees who are eligible for Medicare at the time of retirement or who become eligible
for Medicare subsequent to retirement and who wish to continue to receive retiree health
insurance coverage from the City must participate in Medicare Part A and Part B and shall be
responsible for any premiums for Medicare A and B. The City will provide access to a
Medicare supplement plan, provided the retiree pays 102% of the applicable cost of the plan.
The retiree may enroll his/her eligible spouse who was enrolled in a plan at the time of
retirement and/or eligible dependents that were enrolled in a plan at the time of retirement
subject to payment of 102% of the applicable cost of the plan. The retiree may not enroll any
spouse or dependents that were not enrolled in a plan at the time of retirement.
¶342 Should the City obtain a subsidy from the state or federal government, or any cost
savings, for offering prescription drug benefits to Medicare eligible retirees and/or spouses,
such subsidy or savings shall belong exclusively to the City to the extent permitted by
applicable law.
¶343 Section 8. For the purposes of the benefit plans set forth in this Article, “eligible
dependent” shall be a spouse or child who meets the criteria set forth in the insurance carrier’s
plan description. Any employee who receives benefits for dependents who do not meet the
requirements of Section 152 of the Internal Revenue Code shall be solely responsible for any
resulting taxes and related charges, and shall hold the City harmless from any costs in
connection with the provision of such benefits.
¶344 Section 9. The City shall continue to provide an Employee Assistance
Program.
¶345 Section 10. Opt-Out Officers may, during the annual open enrollment period, opt to
not participate in the health plan (“opt-out”) offered by the City of Waterbury. In return, the
City, upon the commencement of the coverage period, will compensate the employee in the
amount of $1,000-, so long as such payment is not prohibited or penalized under the
52
Affordable Care Act or any other statute, regulation or ordinance. This payment, which shall
not constitute pensionable compensation, shall be made quarterly in four (4) equal
installments using the same schedule applicable to HSA funding payments made by the City.
Any employee that elects to opt-out shall be required to attest to alternative coverage and
provide evidence of such alternative coverage before any such payment shall be made by the
City. For purposes of this provision, valid alternative coverage shall not include any
alternative coverage offered by the City of Waterbury and/or the Waterbury Board of
Education. If such employee, as a result of a Section 125 qualifying event, is unable to
continue to receive such alternative coverage, he may return to the Plan, but will be required
to reimburse the City for the amount of any payments he received during that plan year
pursuant to this provision. If an employee separates employment during the plan year, the
City shall not be obligated to make any future payments under this provision after a
separation date is known. New employees may opt out of the coverage and will be
compensated based on the proportionate share of the above amount for the number of months
of the plan year that the coverage is not selected.
¶346 Section 11. Health and Wellness Incentive. Any employee who voluntarily
participates in any health and wellness program or initiative offered by the City shall be
eligible for any incentive offered by the City for participating in such health and wellness
incentive program or initiative.
ARTICLE XXIII
PENSION
¶347 Section 1. Employees shall be entitled to retirement and survivor benefits pursuant to
the terms and conditions of the ordinance entitled Final Amended Ordinance Regarding the
Pension and Retirement System, Part II: Pensions and Retirement Provisions, and passed
by the Board of Aldermen on November 10, 2003, (the “2003 Pension Ordinance”) with the
modifications to that ordinance provided for in this Article.
¶348 Section 2.
¶349 1. Employees Vested as of June 30, 2005.
¶350 a. Any employee who has attained ten (10) or more years of service and is
therefore vested in the pension plan on or before June 30, 2005, shall have his/her
retirement benefit calculated on the basis of 2.5 percent per year of credited service.
Such employee shall be eligible for normal retirement after twenty (20) years of
service, regardless of age.
¶351
2. Employees Hired On or Before But Not Vested as of June 30, 2005.
¶352 a. Any employee who was employed as of June 30, 2005, but had not attained
53
vested rights in the pension plan as of June 30, 2005, shall be eligible for normal
retirement after twenty five (25) years of service, regardless of age. For years of
credited service prior to July 1, 2005, the employee’s retirement benefit shall be 2.5
percent per year of credited service and thereafter it shall be in accordance with the
Pension Ordinance.
¶353Section 3. No bargaining unit member shall be required to participate in the City
retirement vehicle covering the employee if such participation is prohibited by State
law.
¶354 Section 4. The rate of pension contribution to be made by police participants hired on
or after January 1, 2023 shall be 10.5% of base pay plus holiday pay. This is intended
to vary the participant contribution rate set forth in the 2003 Pension Ordinance for all
pension system participants hired after January 1, 2023.
¶355 1. The definition of “Regular Interest” as set forth at §35.035 of the 2011 Pension
Ordinance, applies as follows: “Regular Interest: An interest rate that shall be reviewed
and determined annually by the Retirement Board through benchmarking against five-
year U.S. Treasury Bonds as of July 1 of each year but in no event to exceed 3% per
annum.”
¶356 2. “Reinstatement” shall be governed by the provisions of § 35.120 of the 2011
Pension Ordinance.
¶357 3. Participants retiring on or after the effective date of this Agreement may forfeit
his or her rights to benefits under the Retirement System pursuant to Conn. Gen. Stat.
§ 1-110, et seq., as in effect October 1, 2018. Such participant shall, however, be
entitled to a refund of his or her own contributions to the Retirement System.
¶358 4. Tax Qualification
The Tax Qualification Provisions of § 35.127 of the 2011 Pension Ordinance shall
be effective.
¶359 5. Administrative Errors Clause
The Administrative Errors Clause, § 35.128 of the 2011 Pension Ordinance shall
be effective.
¶360 6. Survivor Benefits For the purposes of determining eligibility for Survivor
Benefits under the provisions of the 2003 Pension Ordinance, the definitions of Spouse,
Survivor Benefit, Civil Union, and Qualified Domestic Partner set forth at Section
35.035 of the 2011 Pension Ordinance shall apply for the purpose of allowing a
surviving spouse, qualified domestic partner, civil union partner, or a dependent of a
police participant as defined in the 2011 Pension Ordinance to collect the Survivor
Benefit provided under the 2003 Pension Ordinance as Sections 35.11 and 35.12 of that
54
2003 Ordinance.
¶361 7. No provision of the retirement plan shall apply to a qualified domestic partner
if the application of such provision with respect to a qualified domestic partner would
violate the law or jeopardize the tax qualification of the plan
ARTICLE XXIV
CCC STAFFING AGREEMENT
¶362 The City shall maintain current staffing levels for the Communications Control Center
(the “CCC”) up to and until full civilianization. The City maintains the right to civilianize the
CCC, except in the case of the supervisor on duty. Up and until full civilianization of the
CCC, absences and vacancies occurring for any reason, including but not limited to sickness,
holidays, vacations, and unfilled positions, shall be filled pursuant to the procedures set forth
below. Further, when supervisory work is being performed by an officer below the rank of
the Lieutenant regularly assigned to the CCC, then the Lieutenant’s duties which are outside
the scope of those performed by Sergeants shall not be performed. A supervisor shall not
ordinarily be required to perform the duties of a subordinate.
¶363 When there are a Lieutenant and a Sergeant assigned and the Sergeant is absent for
any reason then a Sergeant need not be hired.
¶364 Section 1. Supervisors
Whenever a vacancy occurs in the supervisory position in the CCC, and the position is not
filled in accordance with Article IV, Section 3, the position will be filled as follows:
¶365 a. A qualified Patrol Sergeant who is available may be
reassigned.
¶366 b. If there is no Patrol Sergeant reassigned, Sergeants regularly assigned to the
CCC, shall first be offered the opportunity to work.
¶367 c. Qualified Patrol Sergeants from outside the CCC staff shall be offered overtime
from the rotating card file.
¶368 d. If there are no qualified Patrol Sergeants who accept the overtime, then a
qualified Patrol Sergeant from outside the CCC staff shall be assigned by the Patrol
Commander.
¶369 e. If there are no qualified Sergeants available to achieve the minimum staffing
level, the senior regularly assigned Patrolman shall be assigned as acting Sergeant and
be paid commensurably.
¶370 f. It should be noted that in regard to the rank of Sergeant, training will be
55
offered annually by the Chief/Superintendent, with those volunteering being offered
the training opportunity by seniority up to the number needed as determined by the
Chief/Superintendent.
¶371 Section 2. CCC Patrolmen
¶372 In the event there is, for any reason, only one (1) Patrolman regularly scheduled to work
any shift, the other position shall be filled as follows:
¶373 a. A qualified Patrolman who is available may be reassigned to the
CCC.
¶374 b. If there is no qualified Patrolman who can be reassigned, patrolmen from among
the regular CCC staff will be offered the opportunity to work in order to achieve the
staffing level set above.
¶375 c. If no Patrolman from among the regular CCC staff is willing or available to
work, qualified Patrolmen then from the Patrol Division, working outside the CCC
staff shall be offered overtime from the rotating card file.
¶376 d. If there are no experienced qualified Patrolmen willing to work who accept the
overtime, then an experienced a qualified Patrolman from outside the CCC staff shall
be assigned by the Patrol Commander and his position shall be filled in accordance
with the contractual overtime hiring procedures.
¶377 e. If, after exhaustion of the procedures set forth above, there are no qualified
Patrolmen who are willing or available to work in order to achieve the staffing level
set forth above, then a Patrolman from outside the CCC shall be assigned to the CCC
and his position shall be filled in accordance with the contractual overtime hiring
procedures. The Patrol Commander may order in the least senior qualified Patrolman
to work.
¶378 Nothing herein shall be construed to require minimum staffing levels in any division of
the Department except as stated with respect to the CCC. Further, nothing stated in this
agreement shall be construed to impose upon the City any obligation to train officers to work in
the CCC.
¶379 Section 3. Limited (Light) Duty and Inside Duty Personnel
¶380 An officer who is on light duty and assigned to the CCC shall count toward the minimum
staffing provided they are capable of performing the duties of the CCC position.
¶381 Inside duty personnel assigned by the Chief/Superintendent to a temporary
administrative function in the CCC are not considered limited (light) duty personnel. Such
personnel are counted in the minimum staffing level of the Communications Control Center
56
provided they are capable of performing the duties of the CCC position. Such personnel shall
not be entitled to overtime.
¶382 Section 4. Civilian Complaint Takers or Telecommunicators
¶383 In the event there is an absence by a civilian complaint taker or tele-communicator
regularly scheduled for duty on any shift, the Chief reserves the right to assign an on-duty
qualified Patrolmen.
¶384 Section 5. The provisions of this Article are subject to modification in the event that
some or all of the work of the CCC is transferred to civilians.
ARTICLE XXV
OTHER PROVISIONS
¶385 All employees shall be subject to testing for substance abuse, in accordance with the
provisions of Appendix B of this Agreement.
¶386 Any employee who is taking prescription medication which may interfere with the
effective performance of any of the employee’s duties shall disclose such to the
Chief/Superintendent, together with information concerning the effect of the prescription
medication. The Chief/Superintendent may require that said employee be examined by a
physician approved by the City to determine the employee’s fitness for duty.
¶387 The Department may periodically conduct performance evaluations of all employees
who have completed the probationary period. In the event that an employee receives an overall
rating of “needs improvement” on his or her evaluation, the employee shall have the right to
discuss and explain his or her evaluation with the Chief/Superintendent. Performance
evaluations shall not be subject to the grievance and arbitration provisions of this Agreement.
¶388 As a condition of employment, all employees shall maintain valid motor vehicle
operating licenses at all times and shall be subject to annual motor vehicle background checks.
ARTICLE XXVI
ENTIRE AGREEMENT
¶389 Section 1. This Agreement constitutes the complete and entire agreement between the
parties and concludes collective bargaining for its term. No amendment to this Agreement
shall be effective unless in writing, ratified, and executed by the parties.
¶390 Section 2. Savings Clause. In the event that any provision of this Agreement is
determined by a court of competent jurisdiction to be unconstitutional or illegal, or becomes
illegal to a change in federal or state law or regulations, only that provision shall become null
57
and void and the remainder of this Agreement shall remain in full force and effect.
ARTICLE XXIX
DURATION
¶391 Section 1. This agreement shall be effective as of July 1, 2022 and shall remain in
effect through June 30, 2026.
¶392 Section 2. This Agreement shall be automatically renewed for successive twelve (12)
month periods unless either party notifies the other in writing prior to January 1 of the year
the contract expires that it desires to renegotiate changes in the Agreement. Upon receipt
of such notification, the parties shall arrange mutually convenient meetings for the purpose of
negotiating a new Agreement. In the event one or both of the parties has given notification of
its or their desire to negotiate a new Agreement, within the time limits prescribed herein, and
no new Agreement has been reached on the date this Agreement expires, then this Agreement
shall be extended until such negotiations have been completed and a new Agreement takes
effect. If the new contract has not yet been reached by the date the renegotiation notice should
have been given then such notice may be given immediately after the new contract becomes
effective.
58
IN WITNESS WHEREOF, the parties have caused their names and seals to be signed on
this __ day of _______, _____.
Brass City Local, CACP The City of Waterbury
____________________________ ___________________________
John Healey, President Neil M. O’Leary, Mayor
____________________________ ___________________________
Date: Date:
59
¶393
APPENDIX A
MEDICAL CERTIFICATE
CITY OF WATERBURY POLICE DEPARTMENT
MEDICAL CERTIFICATE
TO:
Physician’s Name
Physician’s Address
FROM:
Employee/Patient Name Date of Birth
Employee’s Address
AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION
I hereby authorize you to respond to the questions below from my Employer, the City of
Waterbury.
This Authorization specifically permits you to provide the information requested below to:
Chief of Police
Waterbury Police Department
Waterbury, Connecticut
A photocopy of this authorization shall be as valid as an original.
Signature of Employee Date
60
CITY OF WATERBURY POLICE DEPARTMENT
MEDICAL CERTIFICATE
Dates of Absence:
THE FOLLOWING IS TO BE COMPLETED BY THE PHYSICIAN:
Date on which you examined the employee for purpose of preparing this report
After examining the employee, please answer the following questions:
During this period was the employee unable to perform:
All of the duties of his/her position? [ ] Yes [ ] No
Some of the duties of his/her position? [ ] Yes [ ] No
If some, describe the restrictions:
Date when the employee is able to return to full duty:
Is the cause of the employee’s absence for the period above an ongoing condition that will
affect the employee’s ability to maintain regular attendance or to perform the essential
functions of his/her position on a continuing ongoing basis?
[ ] Yes [ ] No
If yes, please explain to what extent:
Physician’s Signature Date Signed
61
APPENDIX B
SUBSTANCE ABUSE TESTING
¶394 Section 1. Basis for Testing. Administration of screening tests to detect the presence
of drugs or alcohol shall occur as follows:
¶395 a) Testing shall be done for each employee at least once every 24 months, except that
officers in the Narcotics Unit, Intelligence Unit, Vice Unit and Gang Task Force shall
be subject to annual testing.
¶396 b) In addition to the above, all employees shall be subject to random testing as defined
herein.
¶397 c) Testing shall be performed upon reasonable suspicion that an employee is using or
is under the influence of illegal drugs, is abusing legal drugs or alcohol, or is reporting
for duty under the influence of drugs or alcohol.
¶398 In addition, testing may be performed in the event that an employee is involved in a
motor vehicle accident on duty, which results in personal injury.
¶399 Selection for random testing shall be done with a computer-based random number
generator that is matched to an employee’s identification number. Random tests will be
unannounced and spread reasonably throughout the year. There will be no pattern to when
random tests will be conducted and all employees have an equal chance of being selected for
testing from the random pools each time random tests are conducted. Employees shall remain
in the pool even after being selected and tested. Therefore, an employee may be selected for
a random test more than once during a year. The Chief/Superintendent shall provide
information to the Union which will enable the Union to verify that all employees who are
working, and are not on extended leave, are in the pool for random testing.
¶400 An employee may be required to undergo testing based on “reasonable suspicion” when
objective facts and observations are brought to the attention of a superior officer and, based
upon the reliability and weight of such information, the superior officer can reasonably infer
or suspect that the member is using illegal drugs, is abusing legal drugs or alcohol, or is
reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be
supported by specific facts which may include, but are not limited to: reports and observations
of the member’s drug related activities, such as purchase, sale or possession of drugs,
associations with known drug dealers or users, observations of the member at known drug or
drug related locations; an otherwise unexplained change in the member’s behavior or work
performance; an observed impairment of the member’s ability to perform his or her duties.
¶401 If the employee is ordered to submit to a drug and/or alcohol test, the employee shall be
given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to
submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be
62
delayed pending issuance of such written directive.
¶402
Section 2. Testing Procedures.
¶403 All testing shall be administered during an employee’s regular work
hours.
¶404 Testing for alcohol shall be by breathalyzer and, if positive, there shall be a confirming
test. Testing for drugs shall be by urine testing.
¶405 For urine testing, the sample will be split into two parts. An employee whose drug test
results in a positive report may, within forty-eight (48) hours of receiving notification of such
result, request in writing to the Chief of Police that the second part of the sample be made
available for re-testing at a licensed or certified laboratory of the employee’s choosing. The
second part of the sample shall be transferred to that laboratory in such manner as to ensure
proper chain of custody. The second test performed at the employee’s request shall be at
the expense of the employee. If the second test is negative, the positive test shall be null
and void and the City shall reimburse the employee for the cost of the second test.
¶406 Section 3. Interference With or Refusal to Submit to Testing. Any alteration,
switching, substituting or tampering with a sample or test given under this Agreement by any
employee shall be grounds for immediate suspension and subsequent disciplinary action which
may include dismissal. The refusal by an employee to submit to a drug or alcohol screening
test pursuant to the provisions of this Article, or to cooperate in providing information needed
in connection with the testing, shall result in the employee’s immediate suspension without
pay and subsequent disciplinary action which may include dismissal.
¶407 Section 4. Rehabilitation. The opportunity for rehabilitation (rather than discipline)
may be granted once for any employee who is not involved in any drug/alcohol related
misconduct and either:
¶408 (a) voluntarily admits to alcohol or drug abuse prior to selection for testing, or
¶409 (b) tests positive for alcohol or abuse of legally prescribed drugs for the first
time.
¶410 Rehabilitation shall be offered through the City’s Employee Assistance Program.
¶411 The employee shall use accumulated sick or vacation leave for the period of any absence
for the purpose of rehabilitation. All treatment will be at the sole expense of the employee, to
the extent not covered by the employee’s health benefits plan. As part of any rehabilitation
program, the employee may be required to undergo periodic screening for drugs or alcohol.
If, after screening, the employee has tested positive, he will be immediately suspended and
will be subject to discharge.
¶412 Section 5. Consequences of Positive Test. The consequences of a positive test shall
63
be as follows:
¶413 1) For use of an illegal drug - discharge.
¶414 2) For abuse of a legally prescribed drug - one opportunity for rehabilitation,
then discharge.
¶415 3) For alcohol (at the level of .04 or above) – one opportunity for rehabilitation,
then discharge.
¶416 Section 6. Testing Facility. The Chief/Superintendent shall consult with the Union
prior to selecting a facility to administer drug and alcohol tests and shall take into
consideration the Union’s concerns with respect to the procedures followed by such facility.
64
APPENDIX C
WAGE SCALE
¶417
Current Schedule (effective 7/1/2021)
Position Grade Annual Rate Weekly Rate
Patrolman E
P1/Step 1
$62,391.97
$1,199.85
Patrolman D
P1/Step 2
$70,027.15
$1,346.68
Patrolman C
P1/ Step 3
$72,933.08
$1,402.56
Patrolman B
P1/ Step 4
$75,781.02
$1,457.35
Patrolman A
P1/Step 5
$78,858.89
$1,516.52
Detective P2 $83,189.29 $1,599.79
Sergeant P3 $88,545.31 $1,702.79
Lieutenant P4 $96,408.41 $1,854.01
Captain P5 $104,841.30 $2,016.18
Assistant Dep Chief P6 $118,516.25 $2,279.16
7/1/2022
Position Grade Annual Rate Weekly Rate
Patrolman E
P1/Step 1
$67,383.33
$1,295.83
Patrolman D
P1/Step 2
$75,629.32
$1,454.41
Patrolman C
P1/ Step 3
$78,767.73
$1,514.76
Patrolman B
P1/ Step 4
$81,844.58
$1,573.91
Patrolman A
P1/Step 5
$85,167.60
$1,637.84
Detective P2 $89,844.43 $1,727.78
Sergeant P3 $95,628.93 $1,839.02
Lieutenant P4 $104,121.08 $2,002.33
Captain P5 $113,228.60 $2,177.47
Assistant Dep Chief P6 $127,997.55 $2,461.49
65
7/1/2023
Position Grade Annual Rate Weekly Rate
Patrolman E P1/Step 1 $70,078.66 $1,347.67
Patrolman D P1/Step 2 $78,654.49 $1,512.59
Patrolman C P1/ Step 3 $81,918.44 $1,575.35
Patrolman B P1/ Step 4 $85,118.36 $1,636.87
Patrolman A P1/Step 5 $88, 574.31 $1,703.35
Detective P2 $93,438.21 $1,796.89
Sergeant P3 $99,454.09 $1,912.58
Lieutenant P4 $108,285.93 $2,082.42
Captain P5 $117,757.75 $2,264.57
Assistant Dep Chief P6 $133,117.45 $2,559.95
7/1/2024
Position Grade Annual Rate Weekly Rate
Patrolman E P1/Step 1 $72,181.02 $1,388.10
Patrolman D P1/Step 2 $81,014.13 $1,557.96
Patrolman C P1/ Step 3 $84,375.99 $1,622.62
Patrolman B P1/ Step 4
$87,67
1.91 $1,685.98
Patrolman A P1/Step 5 $91,231.53 $1,754.45
Detective P2 $96,241.36 $1,850.80
Sergeant P3 $102,437.71 $1,969.96
Lieutenant P4 $111,534.50 $2,144.89
Captain P5 $121,290.48 $2,332.51
Assistant Dep Chief P6 $137,110.98 $2,636.75
66
7/1/2025
Position Grade Annual Rate Weekly Rate
Patrolman E P1/Step 1 $75,790.07 $1,457.50
Patrolman D P1/Step 2 $85,064.84 $1,635.86
Patrolman C P1/ Step 3 $88,594.79 $1,703.75
Patrolman B P1/ Step 4 $92,055.51 $1,770.27
Patrolman A P1/Step 5 $95,793.11 $1,842.18
Detective P2 $101,053.42 $1,943.34
Sergeant P3 $107,559.60 $2,068.45
Lieutenant P4 $117,111.23 $2,252.14
Captain P5 $127,355.00 $2,449.13
Assistant Dep Chief P6 $143,966.52 $2,768.59
¶418 Effective as of July 1, 2023, Members who work B Platoon hours shall receive a shift
differential of two percent (2%) above the wages shown above for all purposes including,
but not limited to, weekly wage, sick and vacation time, worker’s compensation benefits,
training and pension calculation. This shall include hours worked for overtime and swaps
on B Platoon if the time actually worked exceeds four (4) hours.
¶419 Effective as of July 1, 2023, Members who work C Platoon hours shall receive a shift
differential of three percent (3%) above the wages shown above for all purposes including,
but not limited to, weekly wage, sick and vacation time, worker’s compensation benefits,
training and pension calculation. This shall include hours worked for overtime and swaps on
C Platoon if the time actually worked exceeds four (4) hours.
67
ADDENDUM TO AGREEMENT
COVID BONUS
Within thirty (30) days of date of the effective date of this Agreement, that is, upon
approval by the City’s Board of Aldermen or failure of same to reject per CGS7-474(b),
whichever first occurs the City shall pay through regular payroll $1,000.00 to each member
who is an active employee as of the effective date of this Agreement and who also was a
POST-C certified police officer employed by the City on July 1, 2022. The source of the
funding shall be monies received by the City through the federal American Rescue Plan Act
grant. This payment shall be a one-time disbursement and shall not be used to establish a
precedent for supplemental compensation associated with this or any future pandemic or
public health emergency.
