BETWEEN

AND

FOR AND ON BEHALF OF ITS AFFILIATE LOCAL

January 1, 2002 - December 31, 2004

This AGREEMENT is made and entered into between the Village of Germantown, Wisconsin, hereinafter referred to as the "Employer" and the Labor Association of Wisconsin, Inc., hereinafter referred to as the "Association" on behalf of and covering only the full-time employees of the Employer's Police Department, in the classification of Police Officer and Detective, hereinafter referred to as the "Employees."

ARTICLE I - PURPOSE

Section 1.01: It is the purpose of the Agreement and the desire of both parties hereto to protect and promote the interests of the general public to whom the parties provide services, to maintain harmonious labor relations, to obtain a complete agreement covering wages, hours of work, and conditions of employment to provide for the well-being of the employees and to allow the Employer to operate and manage its affairs as efficiently and flexibly as possible. All references to employees in the male or female gender shall be interchangeable where applicable.

ARTICLE II - RECOGNITION

Section 2.01: The Employer hereby recognizes the Labor Association of Wisconsin, Inc. as the exclusive bargaining agent for the full-time patrol officer and detectives of the Employer's Police Department, excluding sergeants, supervisory, managerial and confidential employees.

ARTICLE III - MANAGEMENT RIGHTS

Section 3.01: The Village possesses the sole right to operate the Police Department and all management rights repose in it. These rights include, but are not limited to, the following:

Section 3.02: These rights shall be exercised consistently with Chapter 111 of the Wisconsin Statutes and the express terms of this Agreement. Nothing herein contained shall divest the Association of any of its rights under Wisconsin Statutes.

ARTICLE IV - SALARIES

Section 4.01: Salaries shall be paid as listed on Appendix A, as attached hereto, and made a part hereof.

Section 4.02: Increments to be costed in future Police total package contract costing.

ARTICLE V - OVERTIME

Section 5.01 - Overtime: Overtime is any time worked by an employee at the direction of the Village in excess of the normally scheduled workweek or workday. Employees working overtime shall be compensated for such time at a pay rate of time and one-half (1-1/2) based on their normal hourly rate of pay. Overtime will be computed at the nearest highest quarter hour. Employees who are called in prior to their regularly scheduled shift shall be allowed to complete their full regular shift unless mutually agreed otherwise.

Section 5.02 - Compensatory Time Off: Employees may accumulate overtime earned as compensatory time off in lieu of cash payment subject to the provisions of this paragraph. Compensatory time off will accumulate at the rate of one and one-half (1-1/2) hours for each overtime hour worked. Employees may accumulate up to eighty (80) hours of compensatory time.

Compensatory time may be taken at the employee's discretion with prior approval of the Chief of Police or his designated representative. Compensatory time may be granted in blocks of one (1) or more hours with the approval of the Chief or his designated representative. Compensatory time off requests may be submitted at any time. However, when practicable, the request must be turned in at least forty-eight (48) hours prior to the date of the requested time off. Compensatory time off may be taken at the beginning or end of the shift. In the event an employee incurs overtime by working for another employee who is off on compensatory time, said employee working the overtime must take the overtime payment in cash rather than compensatory time off.

Should an employee resign or be terminated, compensatory time shall be paid to the employee at the rate in existence at the time of resignation or termination, or the rate prescribed by the Fair Labor Standards Act, whichever rate is higher.

Section 5.03 - Court Overtime: Employees who appear for court outside their normal work shift shall receive a minimum of two (2) hours' pay or work at time and one-half (1-1/2). Any court time in excess of two (2) hours shall be paid out at the rate of time and one-half (1-1/2) for the actual time worked. After dismissal from court, the employee shall contact the on-duty supervisor by phone for assignment.

Section 5.04 - Call-In Overtime: Employees called in to work on other than a regularly scheduled time shall be entitled to at least two (2) hours' work, or pay therefor, at time and one-half (1-1/2) regardless of the length of time less than two (2) hours which they may work. An employee shall not be entitled to the two (2) hour minimum when he is instructed to report early for a particular shift, is required to remain after the close of this shift, or is called in for an entire eight and one-half (8-1/2) hour shift pursuant to this Article.

Employees who are off duty and are involved in a police action within the corporate limits of the Village, shall be entitled to pay at the overtime rate. Police action is defined as an intervention or assistance on the part of the off duty employee which in the opinion of the Officer required immediate action and could not wait until the employee was on duty or until an employee could get to a public phone and call for an on duty Officer. If the remedy of any complaint brought to the Officer lies outside his jurisdiction, the Officer shall refer the complainant to the proper jurisdictional authority.

Section 5.05 - Training Overtime: All training overtime must be authorized by the Chief of Police. All training overtime that occurs on an employee's regularly scheduled off day shall be at the rate of time and one-half (1-1/2). All training overtime of less than eight and one-half (8-1/2) hours in duration shall be at time and one-half (1-1/2). All training in duration of less than two (2) hours will be compensated at a rate of two (2) hours minimum pay at time and one-half (1-1/2). The employer has the authority to change the employee's shift so as to accommodate training and thereby avoid the payment of overtime by mutual agreement.

Section 5.06 - Trade Days: Employees shall be allowed to trade days or shifts under mutual agreement subject to the approval of management. Trade days shall not be subject to overtime until such time as an employee would be required to work in excess of the normal hours of the shift for which he has traded. It shall be the normal procedure to assign the employee to his or her next regular shift under such circumstances, unless mutually agreed otherwise.

Section 5.07 - Officer Staffing Procedure: Officer staffing problems shall be resolved by the supervisor on duty by following these sequential steps:

The parties agree that any alleged violations of the above procedure will be processed through the grievance procedure up to and including arbitration if necessary. Furthermore, the parties agree that if a bargaining unit employee, or other non-supervisory employee, makes an error in judgment which could be in conflict with the above procedures, the Employer will not be held responsible for this infraction.

Finally, the parties agree that no employee will be allowed to volunteer or be assigned to work overtime on both of his two (2) consecutive days off if the shifts on both days are eight and one-half (8-1/2) hours or longer. This does not preclude an officer from working eight and one-half (8-1/2) hours on one of his off days and then working overtime on his following off day provided that the overtime assignment is less than eight and one-half (8-1/2) hours in duration.

Third shift officers will be eligible to work available overtime on their off days, provided there are at least seven and one-half (7.5) hours between their last hour worked and the beginning of the first hour of overtime, and seven and one-half (7.5) hours between the last hour of overtime worked and the first hour of work on their regularly scheduled day back.

This procedure can be circumvented in an emergency. For purposes of this paragraph, an emergency is defined as some sudden and unforeseen event which takes place without prior notice and utilizing the list would be impractical. Except in cases of an emergency, a Supervisor will not be assigned to replace a police officer when there are two or less police officers assigned and available to work a shift, and the period of 4:00 P.M. to 3:00 A.M. shall have three or less police officers assigned and available before a Supervisor is assigned.

Section 5.08 - Daylight Savings Time: At the beginning of Daylight Savings Time, when the clocks are set one hour ahead, officers who are working will have the option of using one (1) hour of compensatory time to complete the eight and one-half hour (8.5) shift. At the end of the Daylight Savings Time, when the clocks are set back one hour, officers who are working will be compensated at one and one-half times (1-1/2X) his/her hourly rate for any hours the officer works over eight and one-half (8.5) hours, to complete his/her shift.

ARTICLE VI - WORK DAY AND WORK WEEK

Section 6.01 - Work Day: A normal work day for all employees shall consist of working eight and one-half (8-1/2) consecutive hours commencing at the start of the employee's normally assigned shift.

Section 6.02 - Work Week: The normal work week for the patrol division shall be a 4-2 work week, eight and one-half (8-1/2) consecutive hours a day. The First Shift Detective position normal work week shall be 5 on, 2 off followed by 5 on, 2 off followed by 4 on, 3 off and then repeating the cycle. The five day work week would consist of working Monday through Friday and Saturday and Sunday off. The four day work week would consist of working Monday through Thursday with Friday, Saturday and Sunday off. The Second Shift Detective position normal work week shall be 5 on, 2 off followed by 5 on, 2 off followed by 4 on 3 off and then repeating the cycle. The five day work week would consist of working Tuesday through Saturday with Sunday an Monday off. The four day work week would consist of working Tuesday through Friday with Saturday, Sunday and Monday off. The Detectives may work outside their normal work week and/or assigned shift for a business purpose if mutually agreed upon with prior approval from the Chief of Police or his designee. The normal work day shall be eight and one-half (8-1/2) consecutive hours.

Section 6.03: The designated shifts shall be 10:00 p.m. to 6:30 a.m., 6:00 a.m. to 2:30 p.m. and 2:00 p.m. to 10:30 p.m. The employer may create a 6:30 p.m. to 3:00 a.m. shift consistent with staffing needs. The power shift shall be the same as second shift for purposes of vacation selection and shift vacancy replacement under Section 5.07.

Section 6.04: Individuals assigned to the crime prevention and youth officer positions shall work the normal work week designated in Section 6.02. The Village does, however, reserve the right to change the work assignments for these individuals provided the following protections are maintained:

ARTICLE VII - EDUCATION

Section 7.01: Effective January 1, 1990 employees who have obtained a minimum of sixty (60) credits or possess an Associate Degree shall receive six hundred dollars ($600.00) per year. Employees who obtained a minimum of one hundred twenty (120) credits or have a Bachelors Degree in a job related field, shall receive nine hundred dollars ($900.00) per year. The education incentive pay will be paid in a separate check on the first payday in December of each year.

Section 7.02: Employees appointed after January 1, 1988 who possess an Associate Degree or Bachelor Degree upon appointment will receive an educational package premium payment based on the Degree. Credits earned by non-probationary employees after an appointment date of January 1, 1988 will be credited toward the educational package premium only if the employee earned a grade of "C" or better. The Village shall provide compensation for books and tuition equal to fifty percent (50%) of the cost, provided that the Village will not have to pay more than twelve hundred dollars ($1,200) per calendar year. Payment for books and tuition for a course that is job related and which leads to a degree shall be pre-approved by the department.

ARTICLE VIII - MATERNITY

Section 8.01 - Maternity Leave: Employees who become pregnant are allowed to work only as safety and health permit. A statement from the employee's doctor indicating the approximate date of birth is required when pregnancy becomes known.

A maternity leave of absence will be granted for a period of time that the employee is unable to work. There is an expectation that the employee will return to work as soon as physically capable. A statement from the doctor is required within six weeks following termination of pregnancy, indicating when the employee will be physically able to return to work. A maternity leave is "absence without pay" except the employee, who is on maternity leave may use her accumulated sick leave, vacation days, and compensatory time off to supplement her maternity leave and shall designate to the employer which days she wants to use. The employee will not suffer the loss of any seniority while placed on maternity leave.

ARTICLE IX - HOLIDAYS

Section 9.01: Effective with the 1988/1989 contract regular full-time employees will no longer receive a days wage in payment for each of the eleven (11) paid holidays as listed in the 1986/1987 contract. The parties agree that the equivalent of eight-eight (88) hours pay (at the 1987 rate) will be added to each of the 1987 base salaries listed in Appendix A. The parties also agree that for the purpose of comparing base salaries, the equivalent of ninety-three and one-half (93.5) hours pay at the current rate (a day's wage multiplied by 11) will be deducted from the base salaries listed in Appendix A.

ARTICLE X - VACATIONS

Section 10.01: Vacations shall be granted to all employees and shall be taken in the year in which they accrue on the following basis:

After one (1) full year of service ten (10) work days

After seven (7) years of service sixteen (16) work days

After fifteen (15) years of service twenty (20) work days

After twenty (20) years of service twenty-five (25) work days

Section 10.02: At termination of employment, vacation shall be prorated and paid to the employees.

Section 10.03 - Vacation Schedules: Vacations may be taken throughout the calendar year. Vacation schedules shall be determined by seniority and shift on a rotating basis until March 15th. Thereafter, employees shall select remaining vacation days by date of application. Employees shall have the option of taking single vacation days. Employees who request single vacation days shall do so as soon as possible to the Chief of Police or his designated representative. In the event an employee's vacation is canceled by the Chief or his representative and as a result the employee cannot reschedule his vacation during the calendar year, the employee shall be allowed to carry over the canceled vacation days. The employee must utilize the carried over vacation days prior to April 1st of the following year, unless other arrangements are made. The Chief, at his sole discretion, shall determine the number of employees to be on vacation at any given time. The parties have agreed that Association members shall be allowed to pick their vacations and shall not be denied a vacation because of other non-bargaining unit employees of the Police Department selecting the same day(s) or weeks of vacation.

ARTICLE XI - RESIDENCY

Section 11.01: Employees covered by this Agreement are not subject to a residency requirement.

ARTICLE XII - INSURANCE

Section 12.01 - Hospitalization and Surgical Care Coverage: The Village shall provide hospitalization and surgical care coverage under a Preferred Provider Organization Plan (PPO). The benefit level shall be as set forth in the plan document entitled "Village of Germantown Health Protection Plan for Administrative Employees and their Dependents" effective January 1, 1992, adopted on April 21, 1992, including Amendment No. 1, dated September 28, 1992, Amendment No. 2, dated September 28, 1992 and plan endorsement, dated February 2, 1993. The employer may, from time to time after due notice in writing to the Association, change the insurance carrier and/or self-fund its health care program provided that the level of coverage shall not be changed without approval of the Association. Nothing in this Article shall prohibit any employees from purchasing additional hospitalization or surgical care insurance at the employee's own expense. No claim shall be made against the Village for additional compensation in lieu of or in addition to his insurance premium paid because he does not qualify for the family plan. Effective 1/1/03, provided that the employer has a Section 125 Plan in place, that the employees may participate in, employees will contribute twenty dollars ($20.00) per month for either the single or family plan. Additionally, employees will commence paying a co-pay for prescription drugs in the amount of $7 for generic and $13 for brand name and an up front deductible of $100 per person and up to a maximum of $300 for family.

Psychiatric Maximum State of Wisconsin Mandates

Lifetime Maximum of $50,000

Outpatient Up to 90% of the first $1,000 of covered expenses per policy year

50% coverage thereafter

Lifetime Maximum of $50,000

Section 12.02 - Dental Insurance: The Village shall provide dental insurance and pay the full premium. A level of coverage provided shall not be changed without approval of the Association. The Employer may, from time to time, after due notice in writing to the Association, change the insurance carrier and/or self-fund its health care program, if it elects to do so.

Section 12.03 - Life Insurance: The Village shall provide term life insurance coverage to each employee in an amount equal to one thousand dollars ($1,000.) of insurance for each one thousand dollars ($1,000.) of base salary rounded to the next highest one thousand dollars ($1,000.) This insurance shall be provided through the State of Wisconsin. Additional insurance available through the plan may also be purchased at the employees expense via payroll deduction.

Section 12.04 - Health Insurance Committee: A health insurance committee shall be created and incorporated into the collective bargaining agreement.

ARTICLE XIII - PART-TIME EMPLOYMENT

Section 13.01: Employees are allowed to obtain part-time employment with another Employer other than the Village of Germantown upon the following conditions:

Section 13.02: No part-time work secured by any employee may interfere with the employee's full-time occupation with the Germantown Police Department. If such employment interferes in any way with the employee's duties with the Germantown Police Department, said employee shall terminate his part-time employment immediately.

ARTICLE XIV - SENIORITY CLAUSE

Section 14.01: Seniority shall be determined by the employee's length of service as a full-time police officer in the department. Time spent in the Armed Forces on military leaves of absence, and time lost because of duty-connected disabilities shall be included.

Section 14.02: An employee shall forfeit his seniority rights only for the following reasons:

Section 14.04: Choice of vacations and furloughs shall be by seniority, consistent with the efficient operation of the department, as determined by the Chief of Police.

Section 14.05: In the event of a layoff the procedure set forth in 62.13 (5m) Wisconsin Statutes shall apply. The employee lowest on the seniority list shall be the first laid off and the last to be recalled.

Section 14.06: In the event it becomes necessary or requested, an up-to-date seniority list showing names and length of service shall be provided for inspection by members of the department.

Section 14.07: The above stated seniority clause is hereby incorporated as part of the regular work rules.

ARTICLE XV - GUARANTEE OF RIGHTS AND PROTECTION

Section 15.01: The intent of this guarantee is to protect and preserve the rights of members of the "Association" in matters involving them and the "Employer." These matters shall include investigations of misconduct involving investigation leading to criminal charges, and the keeping of personnel records.

Section 15.02: Specific rights included in this guarantee are as follows:

Section 15.04 - Discipline and Discharge: A non-probationary employee can only be disciplined or discharged for just cause. Any non-probationary employee who wishes to challenge the discipline shall have the option of using the grievance procedure for discipline not covered under 62.13 of the Wisconsin Statutes.

ARTICLE XVI - PROMOTIONAL PROCEDURE

Section 16.01 - Scope: Promotions shall be in accordance with Section 62.13 of the Wisconsin Statutes and shall only apply to positions covered by this collective bargaining agreement and shall be made from an eligibility list compiled under the following procedure.

Section 16.02 - Eligibility: All non-probationary employees with at least three (3) years of police experience in the Department shall be eligible to take the test for eligibility for promotion when a vacancy occurs.

Section 16.03 - Notification: When a vacancy occurs which is to be filled, the Chief shall post a notice requesting the names of all interested applicants for the available position at least fourteen (14) calendar days prior to the deadline date fixed in the notice for the submission of applications.

Section 16.04 - Evaluations: The following steps shall be followed:

Section 16.05 - Selection Procedure: Before testing begins, the Chief may propose modifications to this procedure to address any special concerns or issues which may arise. Such modifications must be agreed upon between the Association Board of Directors and the Chief of Police.

A. Selection: Applicants who achieve a score on the Assessment Center Test of seventy-five (75) or more shall be placed on an eligibility list for the vacancy ranked in order by their total composite score giving the following weights to each test: Assessment Center Testing 50%

Department Evaluation 40%

Oral Examination by Police and Fire Commission 10%

B. The Chief shall fill the vacant position from a list comprised of two (2) applicants with the highest composite scores. The Chief may require these two (2) applicants to undergo psychological testing by a certified professional who will make a "yes" or "no" recommendation to the Chief regarding the applicant's psychological fitness for the position. If the recommendation is "no", the reasons must be given. The officer affected will have access to that report. These reports shall be retained, but shall remain confidential to the extent required by law. The Chief shall fill the vacancies from the list subject to approval by the Police and Fire Commission.

C. Every applicant receiving a promotion shall be subject to a probationary period with regard to such promotion for a period of one calendar year from the date of the promotion.

ARTICLE XVII - GRIEVANCE PROCEDURE

Section 17.01: The grievance procedure provided for in this Article shall apply only to grievances involving the interpretation or application of a specific provision of this Agreement.

Section 17.02: Grievances shall be processed in the following manner: (Time limit as set forth shall be exclusive of Saturdays, Sundays and holidays).

Section 17.03: If the grievance is not settled in Step 3 of the Grievance Procedure, the Association and the Employer shall each select three (3) arbitrators from the staff of the Wisconsin Employment Relations Commission (WERC). From these six (6) arbitrators, five (5) names will be drawn at random. The parties will then proceed to alternately strike from that panel until an arbitrator is selected. The parties shall flip a coin to determine who strikes first. The parties shall then make a joint request to the WERC for the appointment of the agreed upon arbitrator. If the WERC does not honor the request for the arbitrator selected by the parties, a request will be made of the WERC to submit a panel of five (5) arbitrators from the staff of the WERC. After the parties have received the panel, they will flip a coin to determine who strikes first and alternately strike names, until one is left. The WERC shall be notified of the selection of the arbitrator within five (5) working days of the selection.

Section 17.04: The arbitrator so selected shall hold a hearing at a time and place convenient to the parties and shall take such evidence as in his judgment is appropriate for the disposition of the dispute. Statements of position may be made by the parties and witnesses may be called. The arbitration award shall be reduced to writing and submitted to the respective parties.

Section 17.05: The arbitrator shall neither add to, detract from nor modify the language of this Agreement in arriving at a determination of any issue presented that is proper for final and binding arbitration. The arbitrator shall have no authority to grant wage increases or wage decreases. The arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue not so submitted to him or to submit observations or declarations of opinion which are not directly essential in reaching the determination. In any arbitration award, no right of management shall in any manner be taken away from the Employer, nor shall such right be limited or modified in any respect excepting only to the extent that this Agreement clearly and explicitly expresses an intent and agreement to divest the Employer of such right. The decision of the arbitrator within the limits of his authority shall be final and binding on the parties.

Section 17.06: All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally. However, the expenses relating to the calling of witnesses, the obtaining of depositions, attorney fees, or any other similar expenses shall be borne by the party at whose request such expenses are required.

Section 17.07: Grievances shall be processed on the form included as Appendix "C". Said form shall be printed and provided by the Association.

Section 17.08: All appeals of duly filed grievances not submitted by the grievant or his representative within the time limit specified shall be termed abandoned grievances.

Section 17.09: In the event that the Village fails to respond to any grievance within the time limit set forth in the grievance procedure, the grievance shall automatically move to the next step.

Section 17.10: The time limit set forth in the grievance procedure may be changed by mutual agreement between both parties and shall be done so in writing.

ARTICLE XVIII - RETIREMENT

Section 18.01: All employees shall belong to the Wisconsin Retirement System (WRS). The Employer shall pay the full employee contribution to the WRS.

ARTICLE XIX - UNIFORMS

Section 19.01: The Employer shall provide the employees with all necessary uniforms that the Employer requires the employee to wear while on duty, including a pair of shoes or boots as necessary, pursuant to the normal uniform replacement procedures of the department. The Employer agrees to include bullet-resistant body armor as a standard uniform item provided by the Village on a voluntary basis. If the employee requests the Employer to provide a bullet-proof vest, the employee will receive it knowing that he will be expected to wear it at all times while on duty. Effective January 1, 1991, the Employer agrees to replace body armor inserts that have been in use beyond the manufacturer recommended shelf life (currently five [5] years, 1-1-90). Officers assigned to plain clothes duty for a period of six (6) months or more shall be paid a clothing allowance of five hundred dollars ($500.00) per year upon submittal of a claim voucher for same.

Section 19.02: The employer shall repair or replace an employee's service weapon which is stolen or damaged while the employee is on duty. The employee shall provide written notice of the damage or loss and the circumstances relating thereto. Any restitution awarded by the courts shall be awarded to the employer.

ARTICLE XX - SICK AND EMERGENCY LEAVE

Section 20.01: Employees shall be credited for ten (10) hours of sick leave per month, up to an accumulated total of one hundred twenty (120) hours per year. Sick leave may be applied only to days that the employee is regularly scheduled to work. The employees shall not be allowed to accumulate sick leave in excess of fifteen hundred (1500) hours total.

Section 20.02: After an employee has attained the maximum accumulation of sick leave, the employee will become eligible to accumulate sick leave, on an annual basis of up to one hundred twenty (120) hours of sick leave. If a required sick day was taken, the employee would be able to draw from this additional annual accumulation, however, for any remaining sick leave accumulated during that year, the Village would grant vacation in accordance with the following schedule to be taken during the subsequent year.

Each year is treated separately, and each year is an accumulation by itself. Further, the vacation calculations start over each year.

Section 20.03: The employee shall be granted three (3) days leave with pay for the death of an immediate family member of the employee. Said immediate family member being defined as follows: His or her spouse, father, mother, child, brother, sister, mother-in-law, father-in-law or grandparents.

Section 20.04: An employee absent because of sickness or injury shall notify his shift commander of that fact prior to the employee's normal starting time. Failure to notify the supervisor shall result in the loss of sick leave payments.

Section 20.05: Any employee absent due to illness for more than three (3) days may be required to obtain a certificate from the attending physician describing the reason and disposition. The Employer further reserves the right to have an employee claiming sick leave examined by a physician of its own choosing at no cost to the employee.

Section 20.06: All sick leave shall be subject to administration by the Chief and abuse of sick leave shall subject the employee to discipline, including discharge.

Section 20.07: Regular full-time employees may use up to two (2) days of their accumulated sick leave per year in the event that their presence is required due to a serious illness or serious injury of a member of their immediate family. Immediate family is defined as spouse, parent, or dependent child.

Section 20.08: Employees who retire and are eligible to draw a WRS Annuity may convert fifty percent (50%) of their unused accumulated sick leave into dollars at the time of retirement which must be applied to the continuation of health insurance coverage and will not be paid in cash to an employee. Employees may continue in the Village health insurance plan at their own expense until comparable coverage is available from another employer or until the retiree attains the age where the retiree may convert to Medicare supplemental insurance at the retiree's own expense. Provided, however, if there is a balance in the retiree's sick leave conversion plan, the balance in the employee's sick leave conversion plan shall be used to offset Medicare Supplemental Insurance until the sick leave account has been exhausted. The Village will provide assistance to retirees with respect to said conversion. If a retiree dies before using up all of the accumulated sick leave, the balance of the sick leave shall be used by the spouse/beneficiary provided that they are covered under the same health insurance plan as the deceased retiree.

ARTICLE XXI - MILEAGE

Section 21.01: When an employee is required to use his/her private vehicle in the performance of official police business, a per mile mileage reimbursement will be paid to the employee in accordance with the amounts established by current and applicable Village Ordinances.

ARTICLE XXII - DUTY DISABILITY

Section 22.01: An employee who shall, without negligence on the employee's part and while in the performance of the employee's official duty, sustain an injury to the employee's person and where such injury shall incapacitate him, said employee shall be eligible to be placed on duty disability.

Section 22.02: An employee who is placed on duty disability shall be entitled to all pay and benefits as enumerated in this contract for a period of one (1) calendar year from the date the employee first incurs the injury which incapacitates him and makes him eligible for duty disability.

Section 22.03: An employee who sustains an injury shall, as soon as practicable, report the injury and the circumstances surrounding said injury to the Chief of Police of the Village of Germantown. A written report of the injury and the circumstances surrounding said injury shall be made by the employee and his supervisors as soon as practicable to the Village Administrator.

Section 22.04: The Village Board shall have the right to require any employee to submit to a medical examination to be performed by a doctor or doctors selected by the Employer when any employee has been placed on duty disability.

Section 22.05: Any employee who becomes permanently disabled as a result of an injury incurred during the performance of his duties or who sustains a physical impairment of any part or parts of his body during said duty shall have the nature of such injury or physical impairment referred to the Industrial Commission of the State of Wisconsin.

Any employee placed on duty disability:

Section 22.06: The following definitions shall apply to the words used in this section:

Starting Pay 19.04 1780.24 39603.20 37822.96

After One Year 21.22 1984.07 44137.60 42153.53

 

After Two Years 23.40 2187.90 48672.00 46279.33

After Three Years 25.59 2392.67 53227.20 50834.53

Starting Pay 27.82 2601.17 57865.60 55264.43

After Six Months 28.50 2664.75 59280.00 56615.25

Starting Pay 19.71 1842.89 40996.80 39153.91

After One Year 21.96 2053.26 45676.80 43623.54

 

After Two Years 24.22 2264.57 50377.60 48113.03

After Three Years 26.49 2476.82 55099.20 52622.39

Starting Pay 28.79 2691.87 59883.20 57191.33

After Six Months 29.50 2758.25 61360.00 58601.75

Starting Pay 20.10 1879.35 41808.00 39928.65

After One Year 22.40 2094.40 46592.00 44497.60

 

After Two Years 24.70 2309.45 51376.00 49066.55

After Three Years 27.02 2526.39 56201.60 53675.23

Starting Pay 29.37 2746.10 61089.60 58343.50

After Six Months 30.09 2813.42 62587.20 59773.78

Starting Pay 20.50 1916.75 42640.00 40723.25

After One Year 22.85 2136.48 47528.00 45391.52

 

After Two Years 25.19 2355.27 52395.00 50039.93

After Three Years 27.56 2576.86 57324.80 54747.94

Starting Pay 29.96 2801.26 62316.80 59515.54

After Six Months 30.69 2869.52 63835.20 60965.68

"Drugs of Abuse/Controlled Substance" means cocaine, heroin, amphetamines, barbiturates, or any other major drug of abuse or illegal drug (excluding alcohol).

"Approved Testing Laboratory" means a laboratory which meets Federal requirements and is certified to administer such testing.

The following rules shall apply to all applicants, probationary, and employees while on and off duty:

1. No employee shall illegally possess any controlled substance.

2. No employee shall ingest any controlled or other dangerous substance, unless as prescribed by a licensed medical practitioner.

3. Any employee who unintentionally ingests, or is made to ingest, a controlled substance shall immediately report the incident to his/her supervisor so that appropriate medical steps may be taken to ensure the employee's health and safety.

4. Any employee having reasonable suspicion that another employee is illegally using, or is in possession of, any controlled substance, shall immediately report the facts and circumstances to his/her supervisor.

5. Discipline of employees for violation of this policy shall be in accordance with the due process rights provided in the department's discipline and grievance procedures.

All probationary employees may be required, as a condition of employment, to participate in unannounced drug tests prior to the completion of the probationary period. The frequency and timing of such testing shall be determined by the Chief of Police or his/ her designee.

Employees will be required to take drug tests as a condition of continued employment in order to ascertain prohibited drug use as provided below:

1. A supervisor may order an employee to take a drug test upon documented reasonable suspicion that the employee is or has been using drugs. A written summary of facts supporting the order shall be made available to the employee prior to the actual test.

2. A drug test may be administered as part of all promotional procedures.

3. Employees, as a condition of their employment, shall not submit to random drug testing more than one time in a calendar year.

4. Any employee of this department who is directly involved in a serious incident defined by the following cases:

a. Discharge of a firearm at a human being or a vehicle in which human beings are contained.

b. Auto accident involving an employee's vehicle in which a personal injury occurs and which requires a report as defined by Wisconsin State Statute 346.70.

May be required by the supervisor to participate in a drug screening test immediately following the event, or as soon as the tactical situation allows. A directly involved employee is the employee who actually discharges the weapon in case #a, and is the driver of the police vehicle in case #b.

5. Any employee, who in the carrying on of his/her duties, ingests, either directly or indirectly, any drug or narcotic substance, is required to document, as soon as possible thereafter, such contact. Documentation should occur in writing explaining all circumstances, and the employee's supervisor should be notified as soon as possible. Drug tests will be administered and no disciplinary action will be taken if the tests are positive under the following conditions:

a. The employee was in physical danger if he did not ingest the drug or narcotic substance. Nothing in this policy shall be construed as granting permission for employees and/or narcotics agents to ingest any illegal drug, marijuana, narcotic substance, or controlled substance under any circumstances except as cited herein.

6. On a yearly basis, random drug testing may be conducted on up to five (5) employees of the police department:

a. The random pool will include all department personnel.

b. The random selection of the names of five (5) employees will be observed by the selected designee of the Union and the Chief of Police or his/her designee.

7. Any employee required to comply with this procedure on off-duty time shall be entitled to overtime pursuant to the applicable collective bargaining agreement.

Drug Testing Procedures

1. The testing procedures and safeguards provided in this policy to ensure the integrity of department drug testing shall be adhered to by all personnel administering drug tests.

2. Personnel authorized to administer drug tests shall require positive identification from each employee to be tested before they enter the testing area. This shall consist of a picture ID or driver's license.

3. A pre-test interview shall be conducted by testing personnel with each employee in order to ascertain and document the recent use of any prescription or non-prescription drugs, or any indirect exposure to drugs that may result in a false positive test result.

4. The bathroom facility of the testing area shall be private and secure.

5. Where the employee appears unable or unwilling to give a specimen at the time of the test, testing personnel shall document the circumstances on the drug test report form. The employee shall be permitted no more than eight hours to give a sample, during which time he shall remain in the testing area. Reasonable amounts of water may be given to the employee to encourage urination. Failure to submit a sample shall be considered a refusal to submit to a drug test, unless the employee agrees to a blood test in lieu of a urine test. Documented medical inability to submit a sample shall not be considered a refusal.

6. The employee shall have the right to request that his/her urine sample be split and stored in case of legal disputes. The urine samples must be provided at the same time, and marked and placed in identical specimen containers by authorized testing personnel. One sample shall be submitted for immediate drug testing. The other sample shall remain at the facility in frozen storage for one year. This sample shall be made available to the employee or his/her attorney should the original sample result in a legal dispute or the chain of custody be broken. The employee may request a second test of the master sample be performed at a NIDA certified laboratory of his/her choice and the parties mutually agree to maintain the chain of custody.

Specimen samples shall be sealed in the presence of the participants, labeled, and checked against the identity of the employee to ensure the results match the tested specimen. All collections are handled forensically, which means they are labeled, double-sealed, double-checked for accuracy and completeness, stored in a secure, locked refrigerator until testing, and accompanied by a forensic chain-of-custody.

Whenever there is a reason to believe that the employee may have altered or substituted the specimen to be provided, a second specimen shall be obtained immediately under direct observation of the testing personnel.

1. The testing or processing phase shall consist of a two-step procedure:

2. The urine sample is first tested using the initial drug screening procedure. An initial positive test result will not be considered conclusive; rather, it will be classified as "confirmation pending". Notification of test results to the supervisor or other departmental designee shall be held until the Confirmation test results are obtained.

3. A specimen testing positive will undergo an additional confirmatory test. The confirmation procedure shall be technologically different and more sensitive than the initial screening test.

4. The drug screening tests selected shall be capable of identifying marijuana, cocaine and every major drug of abuse including heroin, amphetamines and barbiturates. Personnel utilized for testing will be certified as qualified to collect urine samples or adequately trained in collection procedures.

5. Concentrations of a drug at or above the following levels shall be considered a positive test result when using a FPIA immunoassay drug screening test:

Amphetamines 1000 ng/1

Barbiturates 500 ng/1

Cocaine 300 ng/1

Opiates 300 ng/1

THC 100 ng/1

PCP 25 ng/1

Benzodiazepines 300 ng/1

Methadone 25 ng/1

Concentration of a drug at or above the following levels shall be considered a positive test result when performing a confirmatory GC/MS test on a urine specimen that tested positive using a technologically different initial screening method.

Marijuana metabolite 15 *

Cocaine metabolite 150 **

Opiates:

Morphine 300 ***

Codeine 300

Phencyclidine 25

Amphetamines:

Amphetamine 500

Methamphetamine 500

* Delta-9 tetrahydrocannabinol-9-carboxylic acid

** Benzoylecgonine

*** 25ng/ml if immunoassay-specific for free morphine

6. The laboratory selected to conduct the analysis shall be experienced and capable of quality control, documentation, chain-of-custody, technical expertise, and demonstrated proficiency in urinalysis.

7. Employees having negative drug test results shall receive a memorandum stating that no illegal drugs were found. If the employee requests such, a copy

of the letter will be placed in theemployee's personnel file.

1. Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and the chain of custody.

2. Where a positive result is confirmed, urine specimens shall be maintained in secured, refrigerated storage for one year.

1. All records pertaining to department-required drug tests shall remain confidential, and shall not be provided to other employers or agencies without the written permission of the person whose records are sought.

2. Drug test results will be sent directly to the Chief of Police. These documents will be maintained by the Chief of Police for an indefinite period of time in a secured file.

V. Actions Taken/Positive Results

A. If an employee tests positive, and the tests identify cocaine, heroin, amphetamines, barbiturates, or any other drugs as defined in this policy not prescribed by a physician, the employer may pursue discipline up to and including discharge of the employee.

B. An employee who tests positive for marijuana shall be subject to discipline and referred to the Employee Assistance Program.

1. The employee may be subject to mandatory random testing for a period of two years as set forth in IV(C)(6)c.

2. The Employee Assistance Program or other recognized facility at the employee's own expense shall not be a substitute for disciplinary action if other rules and regulations have been violated or crimes committed.

3. A second positive test for marijuana may be grounds for termination.

Employees who refuse to submit to a required drug test under this policy may be disciplined up to and including discharge.