COLLECTIVE BARGAINING AGREEMENT
THE CITY OF NEWCASTLE, OKLAHOMA
LODGE # 135, FRATERNAL ORDER OF POLICE
July 1, 2010 - June 30, 2011
TABLE OF CONTENTS
1. PURPOSE OF AGREEMENT
3. AUTHORITY AND TERM
4. PROHIBITION OF STRIKES
5. MANAGEMENT RIGHTS AND RESPONSIBILITIES
6. MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION
7. GRIEVANCE PROCEDURE
8. PERSONNEL FILES
9. SAFETY AND HEALTH
11. UNION ACTIVITY
12. REPLACEMENT OF PERSONAL PROPERTY
13. UNIFORMS AND EQUIPMENT
14. HOURS AND TIME EXCHANGE
15. PAY ADMINISTRATION
17. LEAVES OF ABSENCE
18. TRAVEL ALLOWANCE
19. OUTSIDE EMPLOYMENT
20. REST PERIODS
21. EXTRA BENEFITS
22. SAVINGS CLAUSE
23. PREVAILING RIGHTS
24. OFFICER BILL OF RIGHT
25. DRUG TESTING PROGRAM
Appendix attached ………………………………………………… A&B
PURPOSE OF AGREEMENT
It is the intent and purpose of this Agreement, entered into by and between the CITY OF
NEWCASTLE, OKLAHOMA, hereinafter referred to as Employer, and FOP LODGE #135,
hereinafter referred to as Union, to achieve and maintain harmonious relations between the
parties hereto and provide for the equitable, and orderly adjustment of grievances which may
arise during the term of this Agreement.
The employer recognizes the Union as the exclusive bargaining agent for all permanent employees
of the Newcastle Police Department, except the Police Chief and one (1) designated administrative
A. Probationary employees cannot avail themselves of the grievance procedure set forth in this
Agreement if they are disciplined or terminated for the good of the service during the first
twelve (12) months of employment.
B. The bargaining agent shall have the right to bargain on behalf of probationary employees
with regard to wages and other terms and conditions of employment.
AUTHORITY AND TERM
The Employer and the Union have, by these presents, reduced in writing the Collective Bargaining
Agreement resulting from negotiations entered into by Employer and Union.
This Agreement shall become effective July 1, 2010 , and shall remain in full force and effect until
midnight June 30, 2011 , pursuant to the terms of 11 0.5. Section 51-101, et seq.
PROHIBITION OF STRIKES
During the term of this agreement, the Union agrees to a prohibition of any action, i.e. strikes, work
slowdowns, mass absenteeism, or being a party to such activities. The Union shall not be in breach
of this Agreement when the act or actions enumerated above are not caused by the Union.
Upon notification confirmed in writing by the Employer to the Union that certain of its members are
engaged in a job action, the Union shall immediately, in writing, order such member(s) to cease
the job action and return to work at once, and the Union will provide the Employer with a copy of
said order. Additionally, a responsible officer of the Union shall publicly order all employees
participating in a job action to cease such action and return to work.
Nothing contained in this article shall be construed constructed to limit, impair or affect the right of
any Union member of the bargaining unit to the expression or communication of a view, grievance
or their betterment so long as the same does not interfere with the full, proper performance of duties.
MANAGEMENT RIGHTS AND RESPONSIBILITIES
The FOP recognizes the prerogative and obligation of the City to operate and manage City affairs
and directs the City's work force in all respects in accordance with its responsibilities and power of
authority of the City.
Nothing herein contained shall be construed or interpreted so as to infringe upon or remove the
prerogative of the City to operate and manage its affairs in all respects in accordance with its
responsibilities and power of authority, and all rights, powers and authority the City had prior to
the execution and signing of this Agreement are retained by the City and remain exclusively
without limitation within the rights of the City.
The City retains the right, in accordance with the Code of Ordinances of the City of Newcastle,
the laws of the State of Oklahoma,
A. To determine Police Department policy including the rights to manage the affairs of the Police
Department; except as stated herein;
B. To assign working hours, including overtime;
C. To direct the members of the Police Department including the right to terminate, suspend or
discipline any member for just cause; and the right to hire, promote or to transfer any member
within the department;
D. To determine the table of organization i.e.: staffing and number of persons per rank in the Police
E. To determine the safety, health and property protection measures for the Police Department;
F. To allocate and assign work to employees within the Police Department;
G. To be the sole judge of the qualifications of applicants and training of new employees;
H. To schedule the operations and to determine the number and duration of hours of assigned duty
I. To establish and enforce Police Department rules, regulations and orders;
J. To introduce new, improved or different methods and techniques of operations of the Police
Department or change existing methods or techniques;
K. To determine the amount of supervision necessary;
L. To control the department budget;
M. Take whatever actions may be necessary to carry out the mission of the Employer in situations of
MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION
Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to
undertake affirmative action to insure that applicants or employees are treated without regard to
race, color, religion, sex, marital status, national origin, ancestry, disability, and age, status of
Union membership or political affiliation, except where a bona fide occupational qualification
exists. Each party is obligated to take positive action in affording equal employment opportunities
to all members, as required by applicable State and Federal laws.
In the event that any portion of this Agreement unintentionally conflicts with the Employer’s capability
to be in compliance with said law, the Equal Employment Opportunity Commission (EEOC) and/or
Department of Labor Guidelines, if applicable, will be overriding to that portion of the Agreement.
The Union or any employee covered under this Agreement may file a grievance within thirty (30)
days of the time alleged violation, as hereinafter defined, and shall be afforded the full protection of
The local President or his authorized representative may report an impending grievance to the
Police Chief or his designee in an effort to forestall its occurrence.
Any controversy between the employer and the Union, or any employee, concerning the
interpretation, enforcement or application of any specific provision of this Agreement concerning
any of the terms or conditions of employment contained in this Agreement shall be adjusted in the
A. The grievant shall notify the Police Chief, or his designee in writing, of the filing of a
grievance. The grievance shall include an explanation of the grievance, the specific
articles and/or policies alleged to be violated and the remedy or remedies being sought by
the grievant or Union.
B. The Police Chief, or his designee, shall submit his answer in writing to the employee(s)
involved within seven (7) calendar days of receipt of the grievance. The grievance shall be
considered settled unless the Grievant within seven (7) calendar days from receipt of the
answer by the Police Chief, or his designee, submits the grievance in writing to the City
Manager, or his designee.
C. The City Manager, or his designee, shall submit his/her answer in writing to the Police
Chief and the employee(s) involved within ten (10) business days. If the City Manager has
not settled the grievance within that time, then either party may request arbitration. If
arbitration is requested by either party, it shall be submitted for adjustment as follows:
1. Prior to the initiation of arbitration, either party or the parties jointly may notify the
Federal Mediation and Conciliation Service to administer grievance mediation in good
faith effort to resolve the grievance. If the grievance remains unsolved, it may be
submitted to a grievance arbitrator for resolution by either party or jointly as the case
a. The parties shall submit to the FM&CS for a list of seven (7) arbitrators.
b. Within seven (7) calendar days from the receipt of such panel, the parties shall
confer and alternatively strike names until one arbitrator remains, which shall
be selected as the impartial arbitrator. The parties shall alternate in striking
names with the Union striking first.
c. Within ten (10) calendar days the Federal Mediation and Conciliation Service
and the Arbitrator shall be notified. The date for arbitration shall be set, if
possible, within thirty (30) calendar days from the date the arbitrator is notified
of his selection.
d. Within twenty (20) days, if possible, after the conclusion of the hearing, the
arbitration panel shall issue a written opinion and decision with respect to the
issues presented. A copy of the decision shall be mailed or delivered to the
Union and the City.
e. The arbitration hearing shall be informal. Any and all documentary evidence
and other data deemed relevant by the arbitrator may be received in evidence.
The arbitrator shall have the power to administer oaths and require by subpoena
the attendance and testimony of witnesses, the production of books and
documents and other evidence relative or pertinent to the issues presented to
him for determination.
f. With respect to the interpretation of application of the provisions of this
Agreement, the decisions and opinion of the arbitrator shall be final and
binding upon the parties to the Agreement to the extent such decision and
opinion are consistent with Oklahoma and/or Federal law as described by a
court of competent jurisdiction.
g. The arbitrator's authority shall be limited to the interpretation and application of
the terms of this Agreement and/or any supplement hereto. The arbitrator shall
have no jurisdiction to establish provisions of a new Agreement or variation of
the present Agreement or to arbitrate away, in whole or in part, any provisions
or amendments thereof.
h. The cost of the arbitrator shall be shared equally between the Union and the
City. If a transcript of the proceedings is requested, then the party so requesting
shall pay for it.
All time limits set forth in this Article may be extended by mutual agreement in writing, but if
not so extended, shall be strictly observed. If either party fails to pursue any grievance within the
time limits provided, that party shall forfeit the right to continue the grievance.
It is agreed that prior to any materials concerning investigations, complaints, reprimands
and/or counseling sessions for violations of any rules, regulations or policies that might be
considered detrimental to the employee's position, advancement or future with the department
that are to be placed in the employee's personnel file, the Employer shall notify said employee of
such action and the employee be given proper opportunity to appeal such action before it becomes
a part of his personnel file.
Employees shall be allowed to review their personnel file under appropriate supervision at any
reasonable time, and may insert their own response into the personnel file, regarding any matter
The parties shall at all times respect the privacy concerns of the employees regarding personnel
files. Matters within such files shall not be released except for good cause shown, and only on a
need to know basis, as determined by the City Manager upon the advice of the City Attorney.
If any copy of a personnel file is made, said copy shall be destroyed after the reason for the
copy being made has been completed, unless said destruction is prohibited by Court order.
No original personnel files shall be removed from the City Offices where such file may be
located except by Court order, whereupon the employee shall be given notice of such removal.
A copy of all letters of appreciation and/or commendations received by the Police Department or
the City pertaining to any employee(s) shall be provided to said employee by copy within five (5)
business days. The original of said letter shall be placed in the employee(s) personnel file.
Letters of reprimand will automatically be removed by the employer from the employee’s
personnel file after one year if no other violations of the same infraction occurred within the one-
year period following the letter of reprimand. Written notification of oral reprimands, oral
admonishment, counseling reports and any other type of admonitions shall be removed after a one-
SAFETY AND HEALTH
The City and the FOP are committed to the goal of attaining a safe and healthy working
environment for the City employees as is both possible and practical. In this regard, the City and
the FOP agree to work together cooperatively in the promotion and achievement of this goal.
The FOP recognizes the need to constantly monitor the safety needs of the work place and to
continually develop the safety program. In this regard, it is recognized that the City Manager may
institute and formulate such safety councils, committees, procedures, rules and regulations as
deemed necessary or in the best interest of maintaining a safe working environment, subject to
consultation with the FOP.
It is mutually agreed that any Officer of the Newcastle Police Department shall not be required to
enter an active Methamphetamine Lab which is deemed hazardous, without adequate training
and protective equipment, except when necessary to secure a crime scene, or where necessary
to ensure the safety of the public and/or public safety personnel.
The employer shall furnish to each employee commissioned as a Police Officer a minimum of
three hundred (300) rounds of approved practice ammunition each year for qualified employees
that carry department approved AR-15, three hundred rounds (300) of .40 caliber handgun, twenty
rounds (20) of 12 gauge slugs and twenty rounds (20) of 12 gauge 00 Buck. The ammunition
will be distributed by the Chief or his designee at the range during firearm practice days as
scheduled by the Police Department. If there are no scheduled practice days, the ammunition
will be distributed by the Chief or his designee for off-duty practice. The employer shall
furnish approved practice ammunition at least twice each year to fire the certification course with
an approved state certified firearms instructor. On duty time will be utilized for officers to fire
for the official record.
The employer shall furnish a ballistic proof vest, approved by the federal government, as
needed, to all employees commissioned as Police Officers and it shall be worn in accordance
with administrative policy. The City shall replace vests prior to expiration.
Departmental seniority according to this Agreement shall consist of the continuous accumulated
paid service of the member of the bargaining unit as a commissioned police officer with the
City of Newcastle. Such seniority shall not be lost by absence due to illness, authorized leave of
absence, or layoff not to exceed twelve (12) months.
A. In the event it becomes necessary to lay off employees for any reason, employees shall be laid
off in the inverse order of the seniority.
B. Employees shall be recalled from layoff according to the seniority. Notice of recall shall be
sent to the employee at his last known address by certified mail. If the employee fails to notify the
office of the Chief of Police within fifteen (15) calendar days after receipt of such recall notice
that employee intends to return and if the employee after giving such notice of intent to return
fails to be available to return to work within ten (10) calendar days after receipt of such notice,
such employee shall be deemed to have quit.
C. No new employees shall be hired until all employees who are on layoff status have been
D. Upon recall the laid off employee shall be returned to the same rank and rate of pay before the
All seniority rights shall be forfeited by:
C. Unexcused failure to return to work upon the expiration of a formal leave of
E. Layoff for more than one year; and
F. Failure to report within fifteen (15) calendar days upon notice of recall from
Except where impractical due to skill levels of the officer, or where special working conditions exist
which would preclude officers from working specific shifts or days, and Chief of Police in
determining the priority of each employee as to
A. Time when annual vacation is granted;
B. His/her first choice as to which of the following three (3) holidays they desire to take
off: Thanksgiving, Christmas, New Year's Day;
C. Regularly scheduled days off and shift preference upon the occurrence of a vacancy within
any such days off and/or shifts. The parties agree the filling of such vacancy shall be
accomplished by the Chief of Police offering the vacant time slot to the most senior
member qualified as to skill levels and eligible based on rank for the open time slot, and if
not elected by the employee, continuing to offer the time slot to the next most senior
member until the slot is either filled or if it remains unfilled, may be utilized as the
available time slot for hiring of a new employee.
D. Except where impractical due to skill levels of Employees, or experience of Employees,
or where specific working conditions exist which would preclude certain Employees
from working specific shifts and considering required manning levels, seniority will be
the dominant factor to be utilized by the Chief of Police in establishing days off and
shift preference. The Chief shall set forth the manning requirements and establish the
available patrol position schedules (shift and days off for each position and rank except
any specialty position assignments or training and/or retraining needs as determined by
the Chief) that will normally be in place for an employee for the next twenty four (24)
month period. Employees shall have the opportunity to select their preferred position
schedule by written notice based on rank and time in service per the department’s
E. General shift change assignments and substation assignments processes to be conducted
by the Chief shall occur on January 1, 2011 and no earlier than six (6) weeks prior to
and no later than midnight on May 31st within even years only and will then go into
effect on July 1, at 0600 for the next twenty four (24) month period. Position schedule
bids shall be submitted in writing to the lieutenant in charge by employees. Where two
or more employees have the same seniority for a position, time in service will prevail
over time in rank, and failing resolution based on time in service for an available
position schedule, a random lottery system shall be used to establish standing. It is also
understood that if two or more employees are to be assigned to the same specialty unit
on different shifts and/or days, the senior employee(s) shall have their choice of
(specialty assignment) position assignment.
The Employer agrees to provide reasonable space for a bulletin board directed for Union uses
and posting of notices and Union correspondence in the Police Department. Materials posted
on the bulletin board shall be limited to Union business, notice of meetings, seminars, workshops,
safety bulletins, etc. No materials of a subversive or derogatory nature shall be posted.
The Union agrees that one (1) member of Lodge 135 may be afforded time off without pay to
participate in collective bargaining sessions with the City Manager or his/her designee, if the
member's scheduled tour of duty should conflict with the time scheduled for the negotiation
sessions. Short-term leaves of absence may be granted to Trustee of Lodge 135 upon written
request by the President of the Lodge. Short term leave of absence shall be limited to the State
FOP Winter Convention, State FOP Summer Convention, and the National FOP Convention,
not to exceed four (4), calendar days per year.
In addition, F.O.P. representatives shall have a total of twenty-four (24) hours with pay to attend
to F.O.P. business. The F.O.P. shall determine how the time shall be allocated (collective
bargaining, attendance at business meetings, etc.) as long as the manpower needs of the
department are met. F.O.P. leave shall be considered as time worked for the purpose of computing
overtime. All F.O.P. leave shall be approved by the F.O.P. President prior to submission to a
Members of the bargaining unit shall be allowed to attend Union meetings, utilizing the
member's lunch period.
It is hereby agreed that all City of Newcastle facilities shall be available to the FOP for any Union
related activity, with the exception of organized political activities or protest, carried out by the
REPLACEMENT OF PERSONAL PROPERTY
The Employer shall replace or repair personal items damaged or destroyed in the performance of
duty, not due to employee's negligence. The replacement or repair is subject to the request for
replacement or repair, confirmation by the Police Chief or his designee,
and approved through the City's normal claims administration. Items will be replaced by like
items or repaired. Items that qualify for replacement or repair are:
A. Eyeglasses or contact lenses;
B. Dentures; and
C. Watches, (limited to $50.00 replacement costs)
D. Laptop computers ($1000.00 maximum)
E. Backup weapons and accessories (lights, sights, etc.)
F. Tactical clothing and gear
G. Any other personally owned item that aids the officers in the performance of their
The employee shall provide the Chief of Police with the brand, model number, serial number, date
of purchase, and purchase price of any item other than eye glasses, dentures, and watches.
Employees will receive approval for their use in order to be eligible for reimbursement.
The request for repair or replacement must be in writing accompanied by a statement of how
the item was damaged and shall be handled in the City's normal claims process. Employer
shall determine whether to repair or replace the item taking into consideration its age and
condition at the time of loss.
Any issue item lost or damaged while in the performance of one’s duty, not due to the
negligence of that officer, shall also be replaced by the employer at a pro-rated cost
determined by its age and condition.
UNIFORMS AND EQUIPMENT
The style, material, and fit of uniforms will be determined by the employer. Uniform regulations
will be adopted by the employer.
The employer shall pay each member of the bargaining unit One Thousand Dollars ($1000.00)
for cleaning and replacement of previously issued uniforms and equipment. The payment
will be made in two separate checks of Five Hundred Dollars ($500.00) each paid no later than
October 31st and April 30th of the fiscal year. The FOP acknowledges that state and federal
taxing authorities have issued regulations requiring that uniform allowance be taxed to the
extent it is not used for cleaning and replacement of uniforms. The City will make uniform
allowance payment to the employees in the form of a check separate from the employee's
A newly hired Officer will not be eligible for the clothing allowance for the first six (6) months
from their hire date.
HOURS AND TIME EXCHANGE
The normal workday shall consist of eight (8) continuous hours, and the normal work week
period shall be forty (40) hours in a seven-day pay period, except Officers assigned to patrol
division. The normal workday of Officers assigned to the patrol division, shall be ten (10)
continuous hours, and the normal work week shall be forty (40) hours in a seven-day period.
Nothing herein shall limit the employer from varying the work schedules of ten (10) hours per
day, four (4) days per week for Officers assigned to training, schools, detective and
No employee shall be regularly required to work two (2) shifts without a lapse of at least
fourteen (14) hours between shifts, unless such employee agrees to work such a schedule.
Shift employees shall be paid in time and one-half (1 1/2) for all hours worked over forty (40)
hours per seven (7) day work period. Compensatory Time may be accrued at the rate of one and
one-half (1 1/2) for overtime worked to a maximum of One Hundred Sixty (160) hours.
Employees called back to work shall be compensated for a minimum call back of two (2) hours.
Should more than two (2) hours be required, he/she shall be compensated for the hours worked
at the rate of and one-half (1 1/2) as defined in Section 4 of this article.
The employer hereby establishes the minimum base hourly rates of pay for the following positions.
A. Uncertified Officer (probationary) $12.00
B. Certified Officer (probationary) $12.50
C. Officer I (upon completion of probation) $13.00
D. Corporal (Master Patrolman) $15.14
E. Sergeant $17.23
F. Lieutenant $18.42
The Employer shall follow the Pay Matrix (Appendix A) adopted July 1, 2006. The officers
listed below shall be placed at the following hourly rates of pay reflective of that step in the
matrix, and will advance to the next step of that matrix as set out in Section 4 of this Article.
The City shall pay members of the Police Department according to the Pay Plan set out in Appendix
An officer shall be entitled to move across the Pay Plan in one step increments on his anniversary date,
so long as:
a. The Officer is standard or above on his annual evaluation.
b. The Officer is not under any discipline at his anniversary date. Any officer who fails to
meet criteria for step advancement shall be re-evaluated in 30 days and given his step
increase if he qualifies at that time. If he still does not qualify, he will be given another
thirty days and re-evaluated.
A regular paid employee (Police Officer) shall participate in the Police Pension and Retirement
System pursuant to the State Law. Benefits from the fund shall be in accordance with State Laws.
The employer shall pay a shift differential of twenty cents ($0.20) per hour to the members of the
bargaining unit who work on the evening or night shifts (all shifts excluding A shift).
Field Training Officers (FTOs) shall be paid an additional twenty dollars ($20.00) per workday
for actual training days to train new police officers. FTOs shall be designated by the Chief or
his designee, who shall also have sole discretion for the number of days training shall run.
CLEET certified basic instructor shall be paid an additional fifty dollars ($50) per month
special pay in each fiscal year in which they maintain their certification within the CLEET
Primary Canine Handlers shall receive one hundred dollars ($100.00) per month for caring for
a K-9. This pay shall be prorated if an officer with Primary Canine Handler
responsibilities has the K-9 for less than one month. All expenses related to the K-9 shall be
paid by the City. Canine Handlers shall be appointed at the discretion of the Chief or his
designee and who shall also determine who actually cares for the K-9 if more than one person
shall be designated as a handler.
Clandestine Laboratory Technicians shall receive fifty dollars ($50.00) per month hazard pay, due
to the hazardous nature of the processing and removal of hazardous chemicals.
Nationally Certified Drug Recognition Experts shall receive fifty dollars ($50.00) per month
incentive pay due to the increased time required for being "on call" providing expertise to officers
on DLTI/DUID arrests, conducting drug evaluations, and meetings with officers, administration,
and citizens concerning the symptomatology of drug use and abuse, levels of impairment, and
additional court room testimony as an expert witness.
The employer agrees to provide a group life and health insurance program for the employee,
which shall be the same as the program in effect for all other employees of the employer. The
employer shall pay the actual monthly premium charged by the insurance carrier for the
coverage of the employee. The employee shall be responsible for monthly premiums charged for
elective coverage, including dependents.
An officer retiring from service with the Newcastle Police Department shall be able to continue
participation in the group life and health insurance program which shall be the same as the
program in effect for all the other employees of the employer for as long as the retired employee
desires. The employee shall pay the actual monthly premium charged by the insurance carrier for
any coverage, including elective and dependent coverage. This article is subject to the ability of
the City to continue coverage for all full-time City employees and subject to such mandate by
federal or state statute or regulation as may impact the City’s ability to maintain or obtain
LEAVES OF ABSENCE
Sick Leave, Funeral Leave, Court and Jury Leave, Military Leave and injury on the job
Leave shall be as currently adopted by the Newcastle City Council. Such provisions shall
remain in full force and effect during the duration of this Agreement.
The City and the Union agree that Bargaining Unit members working a 4-day/40-hour patrol
schedule will receive ten 10-hour shifts off in lieu of holidays recognized by the City. An
additional holiday will be provided if other City employees are granted an additional holiday the
day after Thanksgiving. Bargaining unit members shall be allowed to cash out Holiday time at
their regular hourly rate of pay at any time throughout the year. Holiday time must be cashed
out in no less than 10 hour increments. Bargaining unit members understand that the cashed out
time shall be deducted from their Holiday accrued leave.
Bargaining Unit members will be allowed to schedule their holiday leave whenever they choose
throughout the year with the approval of the Police Chief or his designee.
Any Bargaining Unit member working a 5-day/40-hour per week schedule will receive
holidays in the same manner as other employees of the City.
Accrual of vacation leave shall be determined by years of continuous service. It will apply at the
0-4 years 1.54 hours per week
5-9 years 2.31 hours per week
10 years and over 3.08 hours per week
Minimum vacation use is four (4) hours. Unless otherwise approved by the City Manager, a
maximum of 80 hours may be taken at any one time. All time off must be approved in advance by
the Police Chief (or his designee) to ensure that operations of the department are not impaired.
Members may take only the amount of vacation time accrued and vacation time cannot be
advanced to members. Annual leave hours accrued may be carried forward or accrued until a
maximum of 240 hours is accumulated. No employee may accrue or carry over 240 hours. If
an employee reaches 240 hours of annual leave, the employee may not accrue any additional
leave until the employee takes annual leave and reduces the employee's accrued annual leave
total. If a paid holiday occurs during a vacation period, the day will be considered holiday time
and the time will not be deducted from the vacation leave. The City has no obligation to allow
an employee to “cash out” accrued annual leave hours but may do so at its election.
After six months of employment, members of the bargaining unit are eligible to take paid sick
leave. Sick leave shall accrue to full-time employees at the rate of two (2) hours per week
beginning with the first full month of service, with the maximum allowable accrued Sick
Leave hours being eleven hundred and sixteen (1116) hours. When possible, a "request for
leave" form is to be completed and approved prior to any scheduled sick leave. A member
unable to work his/her assigned hours or shift must call the shift supervisor at least two (2)
hours in advance of the time set to begin work.
In the event of an illness, surgery or injury requiring an absence from work of three or more
consecutive days, a release for full duty is required from the member's physician.
Excessive use of sick leave or continuous illness may be cause for the member to be placed
on "Physical Report Status." In such circumstances, a member may be required to submit a
physician's statement and release for full duty after each absence.
Members may take only the amount of sick leave earned. The minimum use of sick leave is one
(1) hour. A member's separation from employment will not result in the payment of unused sick
leave except as set out in Section 7 of this Article.
False or fraudulent use of sick leave is grounds for disciplinary action up to and including
Sick leave shall be bought back only upon the member's regular retirement after twenty years
of service with the Newcastle Police Department, or when an employee receives an in-the-line of
duty retirement under the Police Pension System. Sick leave buy back will be at the rate of
one (1) hour of pay for each two (2) hours of accumulation not to exceed 1116 hours of
Bargaining unit members shall be allowed to use sick leave in the event of a family illness.
Family shall be defined as spouse, parents, stepparents, child, or any member residing within the
employee's household. This usage shall be subject to all other sick leave requirements.
Employees are eligible for reimbursement of expenses, incurred on official assignments as
directed or approved by the employer. Such reimbursements refer to costs incurred in travel,
food, lodging and transportation. These expenses shall be submitted in writing on a formal
request form provided by the City. This request must be submitted prior to the actual travel.
No employee shall have outside employment that is in conflict with City employment. The Chief
of Police shall require employees in the Police Department to obtain approval before
accepting outside employment provided, however, that the Chief of Police may not unreasonably
deny said approval.
Employees will normally be allowed to take a thirty (30) minute lunch period during each work
shift. The employer will make every effort to allow for the lunch period, depending, of course, on
the amount of activity occurring during the shift. Unusual and emergency work situations may
preclude the taking of lunch periods during the work shift.
Employees will be given a fifteen (15) minute rest period during each one-half work shift of
each day. The employer will make every effort to plan work so as to permit
such rest periods. Unusual and emergency work situations may preclude the taking of rest
periods during the work shift.
Rest periods shall not be continuous to the lunch period, and they may not be granted immediately
after the beginning of the work day or immediately prior to the close of the work day.
The Department will be responsible for specific instructions for rest periods to all personnel of that
department following the general guidelines listed below:
A. No more than two (2) marked police vehicles can be parked for coffee
breaks at any one restaurant.
Formal Retirement Benefit
Upon formal retirement an officer shall be entitled to retain his or her uniforms including
insignia badge and side arm and shall be provided a department issued commission card subject
to the regulations as established by the Council on Law Enforcement Education and Training.
Death Benefit Disbursement
In the event of an in the line of duty fatality of a bargaining unit member, the primary
beneficiary of the bargaining unit member, as filed with the City of Newcastle, shall receive the
cash value of all accrued leaves of the bargaining unit member. The beneficiary will be made on
a form supplied by the City. To be included in this death benefit disbursement will be the
current balance of vacation time, compensatory time, unused holiday leave and sick leave at the
same rate as follows. Sick leave shall be calculated on a 1 of 2 basis. All other accrued leave
shall be calculated as hour for hour.
Should any article, section, or portion thereof of this Agreement be held unlawful or
unenforceable by any court of competent jurisdiction, such decision of the court shall apply only
to the specific article, section or portion thereof specifically held invalid in the Court's decision;
and upon the issuance of such decision, the City and the Union agree to immediately negotiate a
substitute for the individual article, section or portion thereof.
All rules, regulations, fiscal procedures, working conditions, departmental practices and manner
of conducting the operation and administration of the Newcastle Police Department currently in
effect for and with respect to the members of said Police Department on the effective date of
this Agreement, which are not included in this Agreement, shall remain in full force and effect,
unchanged in any manner unless and except as modified or changed by the specific terms of this
The police policy and procedure manual revised as of February 2007, is included in this
agreement insofar as it affects wages, hours and conditions of employment.
OFFICER BILL OF RIGHTS
It is recognized that due to the nature of an Officer's duties, complaints may be made by citizens
concerning and officer's action or no action. The rights of the citizens to complain about abuses of
police power must be protected in the same manner as an individual Police Officer must be
protected against false allegations of abuse, misconduct, etc. The procedures, rights and privileges
as set forth in this article are established to ensure both parties are guaranteed equal rights.
The first step of a citizen's complaint will be handled within the Police Department. The
following procedures will be:
A. The complaint by the citizen may be verbal, over the phone, or in writing to any
supervisor. The supervisor will determine whether or not the complaint has merit, or if it
can be taken care of at that level. The immediate supervisor will contact the citizen and
inform him/her of his decision. If either party is not satisfied, the complaint can be taken to
the Chief of Police.
B. The Chief of Police will then review the complaint and make a determination if the
complaint has merit or it doesn't.
C. The investigation shall be conducted as follows:
1. The officer shall have the opportunity to review and respond to the formal complaint
at least 48 hours before appearing before the investigating officer.
2. The officer under investigation shall be informed by the Chief of Police of the date
and time of the investigation inquiry.
3. Sessions conducted during the investigation inquiry shall be reasonable in nature and
allow for rest periods if necessary.
4. The officer under investigation shall not be subjected to offensive language or
threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be
made as an inducement to obtain testimony or evidence.
5. The officer under investigation shall be informed of his Garrity rights.
6. The questioning of the officer under investigation may be taped or recorded in written
form and questioning of officers shall be limited to the subject of the complaint.
7. An officer under investigation shall receive written notification from the Chief of
Police as to determination of the investigation.
8. No officer shall be discharged, disciplined, demoted, or denied promotion, transfer
or reassignment, or otherwise be discriminated against in regard to his employment or be
threatened with any such treatment by reason of this exercise of the result.
9. A member of the Bargaining Unit, when ordered to take a polygraph for
administrative investigations, is not required to fill out any forms as statements saying
that the polygraph is voluntary.
10. No member of the Bargaining Unit shall be required to disclose his/her own, or
member of his family or household's income, assets, debts, expenditure, or other financial
information is pertinent to the investigation of a complaint, or conflict investigation, or
otherwise required by law.
11. No member shall be required to donate or contribute to any type of political or
12. An officer, at no expense to the City, shall have a right to representation during
any interview conducted on a complaint, or on any matter which could lead to
discipline, whether the officer is the subject of the complaint or witness.
13. Nothing herein shall prohibit the officer's right to exercise the grievance procedure as
established in the contract.
DRUG FREE WORKPLACE POLICY
INTRODUCTION: Alcohol and drug abuse have an adverse effect on job performance, create
dangerous situations, and serve to undermine our community's confidence in the Police
Our department cannot and will not condone drug or alcohol abuse on the part of its employees,
nor will it condone any employee behavior related to alcohol and/or illegal drugs on or off the job
that may serve to damage the department's reputation.
The policy of the Police Department of the City of Newcastle concerning drug and alcohol use and
abuse is as follows:
1. The Department will not hire anyone who is known to currently abuse substances.
2. The Department will educate and inform its employees about the health consequences
of drug and alcohol abuse.
3. Employees must report to work in a fit condition to perform their duties. Being under
the influence of drugs or alcohol is not acceptable.
4. Any employee on department business, on or off department premises, is prohibited
from purchasing, transferring, using, or possessing illicit drugs or using alcohol or
prescription drugs in any way that is illegal.
5. Employees will not be terminated for voluntarily seeking assistance for a substance
abuse problem; however, continued performance, attendance, or behavioral problems may
result in disciplinary action.
6. Employees on physician-prescribed medication must notify a designated
department official if there is likelihood that such medication could affect job performance
7. Employees who are convicted, plead guilty, or who plead no-contest for off-duty drug
or alcohol involvement may be considered to be in violation of the department's substance
8. All available assistance programs shall be made available to the employee, either at the
request of the employee, or as a requirement for continued employment, based on factual
evidence of a substance abuse problem.
9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on
any Police Department property.
10. Drug testing shall be conducted according to the policies and procedures outlined in
the following policy as well as all applicable existing federal and Oklahoma state laws and
regulations¹, written departmental policies, and in accordance with all provisions of the
contractual agreement with the bargaining unit Conditions under which an
applicant/employee will be tested are:
a) Applicants for employment once a conditional offer of employment has been
b) For existing employees on the basis of:
1. reasonable suspicion;
2. post-accident where there is reason to believe there is a potential
substance abuse issue;
3. scheduled, periodic testing in conjunction with any routine
4. post-rehabilitation testing;
5. random testing
ISpecifically, the Standards for Workplace Drug and Alcohol Testing Act, Title 3A, Sec. 204(A),
as amended by S.B. 143, L. 1993, and the resulting "Drug and Alcohol Testing Rules" approved by the Oklahoma State Department of
11. At any time the FOP, upon request and within the requirements of applicable
regulations and requirements of approved testing facilities, shall have the right to inspect
and observe any aspect of the drug testing program with the exception of actual specimen
collection and individual test results. The FOP may inspect individual test results if the
release of this information is authorized in writing by the employee involved.
12. Failure to submit to a required drug or alcohol test or having a confirmed positive
result of such a test will subject the employee to disciplinary measures.
13. The City and FOP have bargained this article upon a good faith belief that the policies
and procedures set forth herein are authorized by law and are not in violation of the
constitutional rights of any employee. Each party agrees that should it learn of any
information to the contrary, that information will be immediately communicated, in
writing, to the other party. In consideration of the FOP's agreement to this article and its
agreement to forward such information, the City agrees to indemnify the FOP and hold it
harmless in any action attributable to the FOP's agreement to the implementation of this
policy and these procedures. This indemnification does not cover action against the FOP
on some other basis (such as a failure to represent an employee adequately in a grievance),
and the City's obligation hereunder shall end if the FOP fails to advise the City, in writing,
of any challenge to this article by a member or if it fails to forward to the City any
information it has regarding the constitutionality of these procedures.
14. The City of Newcastle will pay for all City required drug/alcohol testing as required
for the proper administration of this policy.
Section 1: Definitions As Used in This Policy
As used in this article:
1. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State
2. "Alcohol" means ethyl alcohol;
3. "Applicant" means a person who has applied for a position with the City of Newcastle;
4. "Board" means the State Board of Health;
5. "The City" means the City of Newcastle;
6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of
a prior drug or alcohol test on the same sample and which uses different chemical
principles and is of equal or greater accuracy than the prior drug or alcohol test;
7. "Department" means the State Department of Health for the purposes of this policy;
otherwise this means the Police Department;
8. "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens,
methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs,
or a metabolite of any of the substances listed herein;
9. "Drug or alcohol test" means a chemical test administered for the purpose of determining
the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue,
fluids or products;
10. "Employee" means any member of the Police Department (for interpretation of this policy
11. "Employer" means the City of Newcastle;
12. "Random selection basis" means a mechanism for selecting employees for drug or
alcohol testing that:
a. results in an equal probability that any employee from a group of employees subject to
the selection mechanism will be selected, and
b. does not give an employer discretion to waive the selection of any employee selected
under the mechanism.
13."Reasonable suspicion" means a belief that an employee is using or has used drugs or
alcohol in violation of the City's written policy. This belief must be based on objective
and articulable facts and reasonable inferences drawn from those facts in light of
experience, and may be based upon, among other things:
a. observable phenomena, such as:
1) the physical symptoms or manifestations of being under the influence of a drug or
alcohol while at work or on duty, or
2) the direct observation of drug or alcohol use while at work or on duty.
b. a report of drug or alcohol use while at work or on duty, provided by reliable and
credible sources and which has been independently corroborated;
c. evidence that an individual has tampered with a drug or alcohol test during his
employment with the City of Newcastle; or
d. evidence that an employee is involved in the use, possession, sale, solicitation or
transfer of drugs while on duty or while on the employer’s premises or operating the
employer’s vehicle, machinery or equipment.
14. "Review Officer" means a person, qualified by the State Board of Health, who is
responsible for receiving results from a testing program and who has knowledge and training
to interpret and evaluate an individual's test results together with the individual's medical
history and any other relevant information.
15."Sample" means tissue, fluid or product of the human body chemically capable of
revealing the presence of drugs or alcohol in the human body; and
16."Testing facility" means any person, including any laboratory, hospital, clinic or facility,
either off or on the premises of the employer, which provides laboratory services to test for the
presence of drugs or alcohol in the human body,
Section Two: Drug or Alcohol Testing – Restrictions
An employer may request or require an applicant or employee to undergo testing under the
1. Applicant testing: The City may request or require a job applicant, upon a conditional
offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo
testing or a confirmed positive test result as a basis for refusal to hire, provided that such
testing does not violate the provisions of the Americans with Disabilities Act of 1990, 42
U.S.C., Section 12101 et seq., and provided that such testing is required for all applicants who
have received a conditional offer of employment of a particular employment classification.
2. Reasonable suspicion testing: The City may request or require an employee to undergo
drug or alcohol testing if the employer has a reasonable suspicion that the employee
has violated the employer’s written substance abuse policy;
3. Post-accident testing: The City may request or require an employee to undergo drug or
alcohol testing if the employer has a reasonable suspicion that the employee or another
person has sustained a work-related injury or the employer's property has been
damaged as a direct result of the employee's use of drugs or alcohol;
4. Random testing: The city may request or require an employee to undergo drug or
alcohol testing on a random selection basis;
a. During the process of random testing, if a positive test is received, the employee will be
contacted by the Review Officer. The employee may then request a re-test be completed. In
order to do so, the employee must submit a written request to the Review Officer and send it
with a certified check to cover the cost of the test. This fee, which is established by the lab used
for drug testing, will be paid by the employee. Upon the request of the employee (and specific
written agreement), the City will pay the initial cost to have the second test run with the
understanding that the amount will be withheld from the employee's next paycheck. Should the
re-test return a negative test result, the City will reimburse the employee for the amount of the
fee or cancel the agreement for payroll deduction, as applicable.
b. Upon notification of a positive test result, the employee will meet with the and the Police
Chief At this time, the employee will be placed on "suspension with pay" for a period of three
shifts to allow time to request a second test. If the employee fails to provide verification of such
request within seven (7) calendar days following this meeting, the employee shall be placed on
"suspension without pay" and recommendation for termination proceedings shall commence. It
is the employee's responsibility to provide this verification. At all times during this process, the
employee has the right to FOP representation and/or to request a hearing, as in any other type
of disciplinary procedure.
c. If the re-test test is also positive, or if the employee refuses to request a second test, the
employee shall be placed on suspension without pay and a recommendation for termination
proceedings shall commence. As stated above, the employee has the right to FOP
representation and/or to request a hearing at any stage of this process.
5. Scheduled, periodic testing: The City may request or require an employee to undergo
drug or alcohol testing if the test is conducted as a routine part of a routinely
scheduled employee fitness-for-duty medical examination or is scheduled routinely for
all members of an employment classification or group and which is part of the
employer's written policy;
6. Post-rehabilitation testing: The City may request or require an employee to undergo
drug or alcohol testing without prior notice for a period of up to two (2) years
commencing with the employee's return to work following a confirmed positive test,
or following participation in a drug or alcohol dependency treatment program under an
employee benefit plan, or at the request of the employer.
Section Three: Confidentiality of Testing Results and Records Disclosure of General Health
1. The City shall maintain all drug and alcohol test results and related information including, but
not limited to, interviews, reports, statements and memoranda, as confidential records,
separate from other personnel records. Such records, including the records of the testing
facility, shall not be used in any criminal proceeding, or any civil or administrative
proceeding, except in those actions taken by the employer or in any action involving the
individual tested and the employer or unless such records are ordered released pursuant to a
valid court order.
2. The records described in subsection (1) of this section and maintained by the employer shall be
the property of the employer and, upon the request of the applicant or employee tested, shall be
made available for inspection and copying to the applicant or employee. An employer shall not
release such records to any person other than the applicant, employee or the employer's review
officer, unless the applicant or employee in writing following receipt of the test results, has
expressly granted permission for the employer to release such records or pursuant to a valid
3. A testing facility, or any agent, representative or designee of the facility, or any review
officer, shall not disclose to any employer, based on the analysis of a sample collected from
an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any
information relating to:
a. The general health, pregnancy or other physical or mental condition of the applicant
or employee, or
b. The presence of any drug other than the drug or its metabolites that the employer
requested be identified and for which a medically acceptable explanation of the
positive result, other than the use of drugs, has not been forthcoming from the
applicant or employee. Provided, however, a testing facility shall release the results
of the drug or alcohol test and any analysis and information related thereto to the
individual tested upon his or her request.
(PURPOSEFULLY LEFT BLANK)
Approved by the Mayor and City Council of the City of Newcastle in open session on this
day of , 20 .
Karl Nail, Mayor
Camille Dowers, City Clerk
Approved as to form and legality this day of , 20 .
Ted Haxel, City Attorney
Approved by FOP Lodge 135 on this day of , 20 .