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HomeMy WebLinkAboutAgenda Item - 2026-02-17 - Number 05.3 - RES 26-04, LOPOA Contract 5.3 COUNCIL REPORT V -w 0 OREGO� Subject: Resolution 26-04, Ratifying a Collective Bargaining Agreement between the Lake Oswego Police Officers Association and the City of Lake Oswego. Meeting Date: February 17, 2026 Staff Member: Megan Phelan, Assistant City Manager Report Date: February 6, 2026 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Adopt Resolution 26-04 Recommended Language for Motion: Move to adopt Resolution 26-04 ratifying a collective bargaining agreement between the Lake Oswego Police Officers Association and the City of Lake Oswego. Project/ Issue Relates To: NA Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL Should Council ratify a collective bargaining agreement between the Lake Oswego Police Officers Association (LOPOA), and the City of Lake Oswego? BACKGROUND In executive session, the City Council provided staff direction regarding labor negotiations between the City and the Lake Oswego Police Officers Association (LOPOA). The result of those negotiations is a proposed collective bargaining agreement through June 30, 2028. Respect. F,. PI'Pr,_P Trust. Se'vi. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 DISCUSSION A summary of the major economic points of the collective bargaining agreement follows: • Cost of Living Adjustment (COLA): A COLA of 2.3% retroactive to July 1, 2025. A COLA effective July 1, 2026 based upon the CPI-U Portland Cost of Living Index Western Region B-C with a minimum of 2% and a maximum of 4%. A COLA effective July 1, 2027 based upon the CPI-U Portland Cost of Living Index Western Region B-C with a minimum of 2% and a maximum of 4%. • Compensation Plan Adjustments: The City will update the LOPOA compensation plan pay grade 312 and pay grade 310 by eliminating Step 1, retitling the steps, and adding a new Step 6 to be 5% above Step5, retroactive to July 1, 2025. The classification of Senior Communications Operator will be retitled to Communications Operator. Pay grade 305 will be eliminated, and employees in that pay grade will be placed into pay grade 310. • Increased Deferred Compensation Contributions: The City will increase the deferred compensation contribution amount from 2.5%to 3% effective July 1, 2026, and to 4% effective on July 1, 2027. • Extra Holiday Pay: For employees whose work schedules include New Years' Day, July 4, Thanksgiving, and/or Christmas, they shall be eligible for overtime pay, at one and one- half(1.5) times their regular rate of pay for all hours worked on the actual holiday. For employees who volunteer or are mandated to work on any of these identified holidays, they shall be eligible for overtime pay, at two (2) times their regular rate of pay for all hours worked on the actual holiday. • Increase Employee Contribution to Health Insurance: Employees will pay 7% of the monthly medical and dental insurance premium, to a maximum of$130 per month for Regence BC/BS, and a maximum of$115 per month for Kaiser effective the first of the month following ratification. Effective January 1, 2027, employees will pay 8% of the monthly medical and dental insurance premium, to a maximum of$140 per month for Regence BC/BS, and a maximum of$130 per month for Kaiser. Effective January 1, 2028, employees will pay 10% of the monthly medical and dental insurance premium, to a maximum of$140 per month for Regence BC/BS, and a maximum of$140 per month for Kaiser. • Increase Vacation Accrual: Employees will accrue 16.67 hours of vacation per month at 16+years, instead of 17+years. • Term: Three-year contract. A full copy of the collective bargaining agreement is attached to Resolution 26-04 as Exhibit A. FISCAL IMPACT The cost for a 2.3% COLA in year one, plus the adjustments to the compensation plan is approximately$340,000.00. This amount does not include benefits and other related payroll costs. This amount is about twice what is in the current budget. There might be a need to transfer an amount to the Police Department from the General Fund's operating contingency. Respect. Excellence. Trust. Service 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 3 Currently it is looking like the department's contingency should be able to absorb some or all of this amount. Staff will continue to monitor the Police budget and come back to Council if a budget adjustment is necessary. RECOMMENDATION Adopt Resolution 26-04 ratifying a collective bargaining agreement between the Lake Oswego Police Officers Association and the City of Lake Oswego. ATTACHMENTS 1. Resolution 26-04, with Exhibit A Respect. Fv. „i'en e Trust. -! 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 RESOLUTION 26-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE LAKE OSWEGO POLICE OFFICERS ASSOCIATION AND THE CITY OF LAKE OSWEGO. WHEREAS,the City of Lake Oswego collectively bargains with the Lake Oswego Police Officers Association, over wages, hours, and conditions of employment; and WHEREAS,the collective bargaining agreement expired on June 30, 2025; and WHEREAS,the City of Lake Oswego and Lake Oswego Police Officers Association have reached a tentative agreement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Manager is authorized to sign the collective bargaining agreement between the Lake Oswego Police Officers Association and the City of Lake Oswego, through June 30, 2028 in the form attached as Exhibit A. Section 2. Effective Date.This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 17th day of February, 2026. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Laural Hawkins, City Recorder APPROVED AS TO FORM: Erica Tatoian, Special Counsel EXHIBIT A O�� E cpopi H ) _VORGO� AGREEMENT BETWEEN THE CITY OF LAKE OSWEGO AND THE LAKE OSWEGO POLICE OFFICERS' ASSOCIATION (LOPOA) EXPIRES J U N E 30, 2028 EXHIBIT A TABLE OF CONTENTS PREAMBLE 1 ARTICLE 1-RECOGNITION 1 ARTICLE 2-MANAGEMENT RIGHTS 1 ARTICLE 3-GENERAL PROVISIONS 2 ARTICLE 4-PEACEFUL PERFORMANCE OF CITY SERVICES 3 ARTICLE 5-UNION SECURITY 3 ARTICLE 6-DUES CHECK OFF 4 ARTICLE 7-OUTSIDE EMPLOYMENT 4 ARTICLE 8-WAGES 5 ARTICLE 9-INCENTIVE PAY 7 ARTICLE 10-REIMBURSEMENT FOR BOOKS AND TUITION 9 ARTICLE 11-HOURS OF WORK 10 ARTICLE 12-OVERTIME AND COMPENSATORY TIME 12 ARTICLE 13-SHIFT CHANGE-ADVANCE NOTICE 15 ARTICLE 14-STANDBY PAY 17 ARTICLE 15-PREMIUM PAY ASSIGNMENTS 18 ARTICLE 16-CALL BACK 21 ARTICLE 17-LAYOFF 22 ARTICLE 18-WORKING OUT OF CLASSIFICATION 23 ARTICLE 19-TRAINING 24 ARTICLE 21-EMPLOYEE INSURANCE BENEFITS 25 ARTICLE 22-EMPLOYEE DEVELOPMENT AND REVIEW 26 ARTICLE 23-WORKERS'COMPENSATION 26 ARTICLE 24-VACATIONS 29 ARTICLE 25-IN LIEU OF HOLIDAYS 31 ARTICLE 26-SICK LEAVE 31 EXHIBIT A ARTICLE 27-BEREAVEMENT LEAVE 34 ARTICLE 28-WITNESS AND JURY DUTY 35 ARTICLE 29-ASSOCIATION BUSINESS 35 ARTICLE 30-CONTRACT RENEWAL SESSIONS 36 ARTICLE 31-SUBCONTRACTING 36 ARTICLE 32-PERSONNEL FILES 37 ARTICLE 33-PROBATIONARY PERIOD 38 ARTICLE 34-ASSIGNMENTS 40 ARTICLE 35-DISCIPLINARY ACTION 40 ARTICLE 36-GRIEVANCE PROCEDURE 40 ARTICLE 37-SENIORITY CLAUSE 42 ARTICLE 38-AMENDMENT AND CLOSURE CLAUSE 43 ARTICLE 39-SAVINGS CLAUSE 44 ARTICLE 40-TORT LIABILITY 44 ARTICLE 41-TERM OF AGREEMENT 44 APPENDIX A 46 APPENDIX B-EMPLOYEES' BILL OF RIGHTS 47 APPENDIX C-DRUG AND ALCOHOL POLICY 51 APPENDIX D-HONOR GUARD 59 APPENDIX E-LOCOM MANDATORY OVERTIME PROCESS 60 APPENDIX F-OFFICER MANDATORY OVERTIME PROCESS 61 EXHIBIT A PREAMBLE This Agreement is entered into between the City of Lake Oswego, Lake Oswego, Oregon, referred to as "The City," and the Lake Oswego Police Officers' Association, of Lake Oswego, Oregon, referred to as "The Association," for the purpose of fixing the wages, hours and conditions of employment in the bargaining unit covered by this Agreement. The purpose of this Agreement is to set forth the sole and full agreement between the parties relative to such matters. ARTICLE 1—RECOGNITION 1.1 The City recognizes the Lake Oswego Police Officers' Association of Lake Oswego, Oregon as the sole and exclusive bargaining agent for all regular full-time and part-time employees in the classification of Police Officer, Community Service Officer, Evidence Technician, Behavioral Health Specialist, Behavioral Health Case Manager, Shift Lead Communications Operator, Communications Operator, and Communications Operator Trainee, excluding temporary and casual employees, part-time employees regularly scheduled to work less than twenty (20) hours per week and supervisors, managers, and confidential employees as defined by ORS 243.650 and all other classifications of employees. 1.2 New classifications developed by the City, and determined to be appropriately included in the bargaining unit, shall be assigned a wage scale by the City. The City shall forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to negotiations and statutory impasse procedures. 1.3 This Agreement shall be applied equally to all employees represented by the Association without discrimination as to union affiliation or the absence thereof, or political affiliation. The Association shall share equally with the City the responsibility for applying the provisions of this section. 1.4 Part-time employees covered by this Agreement shall receive all benefits provided by this Agreement. However, benefits shall be prorated based on their regularly scheduled hours of work. ARTICLE 2—MANAGEMENT RIGHTS 2.1 The Association recognizes and agrees that responsibility for management of the City and direction of its work force is vested solely in the City, and responsible department heads. The Association recognizes and agrees that in order to fulfill this responsibility, the City shall retain the exclusive right to exercise the regular and customary functions of management, including, but not limited to, directing the activities of the Police Department, determining standards and levels of service and methods of operation, including subcontracting as limited by Article 31 and the introduction of new Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 1 EXHIBIT A equipment; the right to hire, layoff, transfer and promote, including determining the procedures and standards thereof; to discipline and discharge probationary employees; to determine work schedules and assign work; and to exercise any other right not specifically abridged by this Agreement. Nothing in this clause shall have the effect of nullifying agreements entered into under other sections of this Agreement, provided that management rights and prerogatives, except where abridged by a specific provision of this Agreement, are not subject to the grievance procedure specified in Article 36. It is further agreed that the City retains all rights, powers and privileges not expressly specified in this section. 2.2 The exercise of any rights under this Article which are or impact a mandatory subject of bargaining are subject to negotiation prior to implementation, pursuant to PECBA. In the event the City desires to amend or modify or change the status quo that is a mandatory subject of bargaining or that has a mandatory impact the City will provide the Association President with written notice of the proposed change. The Association shall have fourteen (14) calendar days to demand to bargain in writing to the person proposing the change or their designee. The failure of the Association to demand to bargain in writing to the proposed change within fourteen (14) calendar days of the notice provided for above shall serve as a waiver of the Association's right to bargain. The Association's written objection shall specify the nature of the bargaining demand by identifying whether the Association believes the proposed change involves a mandatory subject of bargaining or a permissive subject of bargaining that impacts a mandatory subject. Thereafter, the parties shall bargain in good faith over said changes for a period not to exceed ninety (90) calendar days. If after the passage of ninety (90) calendar days, the parties have not reached agreement, either party may declare an impasse and initiate interest arbitration pursuant to ORS 243.746 by requesting a list of seven (7) arbitrators from the Employment Relations Board (ERB). If the parties cannot mutually agree to an arbitrator, they will, by lot, alternately strike names and the least one will be the arbitrator. The arbitrator shall conduct a hearing within ninety (90) calendar days of announcement of their selection, or at such other time as the parties mutually agree. The parties shall submit evidence in support of their last best offer pursuant to ORS 243.746. The arbitrator shall make a decision whether the City's proposal or the Association's proposal shall be adopted pursuant to the interest arbitration criteria set forth in ORS 243.746. ARTICLE 3—GENERAL PROVISIONS 3.1 It is agreed that employees represented by the Association shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employee relations. Employees covered by Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 2 EXHIBIT A this Agreement also shall have the right to refuse to join in the activities of the Association or any other employee organization. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by the Association because of their exercise of these rights. 3.2 Non-discrimination. Neither the City nor the Association shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of age, marital status, sex, sexual orientation, gender identity, disability, race, color, religion, national origin, association affiliation, political affiliation, reporting unsafe working conditions or other protected status or activities as recognized under state or federal law. 3.3 Non-Retaliation. Neither the City nor the Association shall interfere with, intimidate, restrain, coerce, or discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws. 3.4 Police Officer's Bill of Rights. The attached, marked "Appendix B" is incorporated as part of this Article. ARTICLE 4—PEACEFUL PERFORMANCE OF CITY SERVICES 4.1 There will be no strike (including sympathy strike), slowdown or recognition of any picket line while in the performance of official duties. For purposes of this section, "strike" means an employee's refusal in concerted action with others to report for duty, or their willful absence from their position, or their stoppage of work, or their absence in whole or in part from the full, faithful or proper performance of their duties of employment, for the purpose of inducing or coercing a change in the conditions, com- pensation, rights, privileges or obligations of employment. In the event of a violation of this provision by the Association or employees in the bargaining unit, the City may discipline or discharge any employee involved in such activity. Nothing in this Article shall preclude recourse by the City to such other legal or equitable remedies as may be available to it. 4.2 Each employee who holds the position of officer, representative or negotiator of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The Association agrees to inform its members of their obligations under this Agreement and to direct them to return to work. ARTICLE 5—UNION SECURITY 5.1 Membership or non-membership in the Association shall be the individual choice of employees covered by this Agreement. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 3 EXHIBIT A 5.2 The City will notify the Association of all new hires in the bargaining unit within two (2) weeks after the employee's first day of work and shall furnish the Association with the new employee's name, mailing address and position for which they were hired. 5.3 The City agrees to furnish and maintain a bulletin board in the briefing room in the Police Department to be used by the Association for the posting of notices and bulletins relating to the Association which are not prohibited by ORS 260.432. ARTICLE 6—DUES CHECK OFF 6.1 The City agrees to deduct from each employee's pay the dues, charges, fees, and assessments in the amount set by the Association for those employees who individually authorize such deductions in writing. Such authorization may be revoked in writing and will be effective the first pay period following thirty (30) calendar days' notice to the Association and City. 6.2 The City will not be held liable for check off errors, but will make proper adjustments with the Association for check off errors as soon as practicable. The Association will indemnify and hold the City harmless from any and all suits, actions, and claims against the City whether for damages, compensation or any combination thereof, arising out of the City's compliance with the terms of this Article. This includes any action brought by an employee or citizen under this Article. 6.3 The amounts to be deducted shall be certified to the City by the Association and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Association by the tenth day of the succeeding month after such deductions are made. 6.4 The Association shall notify the City upon the effective date of this Agreement, the legal mailing address of the Association and the authorized agent of the Association to receive dues. The Association shall notify the City immediately of any changes in authorized individuals or the mailing address. ARTICLE 7—OUTSIDE EMPLOYMENT 7.1 Permission to work other outside employment while an employee of the City of Lake Oswego must be submitted in writing to the Police Chief or their designee prior to starting the outside employment. The Police Chief or their designee will respond in writing within three (3) business days, unless the City has not received sufficient information to make a decision. In order to be approved, the outside employment must: Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 4 EXHIBIT A a. In no way detract from the efficiency of the employee in City duties; b. Not take preference over extra duty required by City employment; c. Not present a legal or ethical conflict of interest with the police profession; and d. Not involve the employee's use of the Department uniform unless authorized by the Department. The outside employment may not be approved if it requires the City to pay overtime or hire replacement personnel because of the outside work. 7.2 The Police Chief or their designee may, upon reasonable grounds, at any time revoke permission to hold outside employment. 7.3 Incompatible Work. The parties agree that employees performing investigative work for insurance agencies, investigative work or process serving for attorneys or working for a collection agency is incompatible with the City work. However, this list of incompatible work is not complete or exhaustive. Other types of outside employment shall be reviewed on an individual basis. ARTICLE 8—WAGES 8.1 The City shall pay a 6% average employee contribution to the Public Employee Retirement Fund for the employee members then participating in the Public Employee Retirement System or the Oregon Public Service Retirement Plan. Such payment of employee member monthly contributions to the system shall continue for the life of this agreement, and shall also be applicable to employees who first begin to participate in the system on or before July 1, 1980 to the termination of this agreement. The full amount of required employee contributions paid by the City on behalf of employees, pursuant to this agreement, shall be considered as "salary" for the purposes of computing an employee member's "final average salary" but shall not be considered as "salary" for the purposes of determining the amount of employee contributions required to be contributed. Such paid employee contributions shall be credited to the employee accounts and shall be considered to be employee contributions. 8.2 Wage rates for employees covered by this Agreement shall be increased as follows: a. Effective and retroactive to July 1, 2025, wages shall be increased by 2.3% which is the yearly percentage change in the CPI-U Western Region Size B-C Index for the period of time ending December 2024. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 5 EXHIBIT A Effective and retroactive to July 1, 2025: Pay Grade 312 (Drop/Add): Step 1 of pay grade 312 will be eliminated. The remaining steps (2 through 6) will be renumbered (i.e. the current Step 2 will be renumbered to Step 1, Step 3 will become Step 2, etc.) and a new Step 6 will be created. The new Step 6 will be 5% above Step 5. After the drop/add adjustment, pay grade 312 will have the same number of steps as it currently has. Employees at the current Step 1 will be moved to the new Step 1, and employees at the current Step 6 will be moved to the new Step 6. All other employees at the current Steps 2 through 5 will be placed at their renumbered step (e.g., an employee at Current Step 2 will be placed at the renumbered Step 1) and they will advance to the next step on the adjusted pay grade per CBA, 8.3. Pay Grade 310 (Drop/Add/Retitled): Step 1 of pay grade 310 will be eliminated. The remaining steps (2 through 6) will be renumbered (same as described with 312, above) and a new Step 6 will be created. The new Step 6 will be 5% above Step 5. After the drop/add adjustment, pay grade 310 will have the same number of steps as it currently has. Employees at the current Step 6 will be moved to the new Step 6. The classification will be retitled to Communications Operator. Pay Grade 305 (Elimination of Grade): Pay grade 305 will be eliminated. Employees in pay grade 305 will be placed onto the newly adjusted and retitled pay grade 310 at the step that is higher paid and closest to their current step (e.g., an employee at Step 2 on 305 will be placed at Step 1 on the pay 310 as adjusted). b. Effective July 1, 2026, wages shall be increased by the yearly percentage change in the CPI-U Western Region Size B-C Index for the period of time ending December 2025, with a minimum of 2% and a maximum of 4%. The amount shall be carried to the first decimal point. c. Effective July 1, 2027, wages shall be increased by the yearly percentage change in the CPI-U Western Region Size B-C Index for the period of time ending December 2026, with a minimum of 2% and a maximum of 4%. The amount shall be carried to the first decimal point. 8.3 Salary Administration. An employee shall move from step 1 to step 2 (or the next higher step if hired, at a step above step 1) after one-hundred and eight (180) days of employment and yearly thereafter through the steps of the salary range based on Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 6 EXHIBIT A satisfactory performance. If an employee is denied a step increase, the employee may grieve the denial through the grievance procedure. 8.4 Longevity Pay Employees will receive longevity pay as follows: a. Those who have more than six (6) consecutive years of service in the bargaining unit will be paid an additional three percent (3%) of base wages. b. Those who have more than nine (9) consecutive years of service in the bargaining unit will be paid an additional four percent (4%) of base wages. c. Those who have more than twelve (12) consecutive years of service in the bargaining unit will be paid an additional five percent (5%) of base wages. 8.5 Deferred Compensation The City maintains a 457 deferred compensation plan. The City contributes a total of two and a half percent (2.5%) of base salary into individual employee deferred compensation accounts per pay period. Base salary does not include incentive or assignment pay. The City accepts no liability for the success or failure of individual investment programs. This selection is subject to applicable tax rules. Effective July 1, 2026, the City will contribute a total of three percent (3%) of base salary into individual employee deferred compensation accounts per pay period. Effective July 1, 2027, the City will contribute a total of four percent (4%) of base salary into individual employee deferred compensation accounts per pay period. 8.6 Shift Differential Employees regularly assigned to work graveyard shift shall receive five percent (5%) of their base pay for all hours worked in their graveyard shift. This graveyard shift differential does not apply if the employee works overtime on day or swing shifts, or if an employee regularly scheduled to work day or swing shift works graveyard overtime. ARTICLE 9— INCENTIVE PAY Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 7 EXHIBIT A 9.1 Incentive pay will be given to those employees who meet the requirements contained herein and have made a written request submitting proof of college-level course work and/or certification of the degree obtained to the Police Department. An eligible employee shall begin to receive such additional pay the first of the month following receipt of such proof of qualification, and shall lose incentive pay the first of the month following ineligibility. 9.2 Incentive pay requirements are as follows: Option 1. Two (2) years of college-level course work or Department of Public Safety Standards and Training Intermediate Certificate/ Dispatcher Certification, and has maintained satisfactory performance; Or Option 2. Two (2) years of college-level course work and Department of Public Safety Standards and Training Intermediate Certificate/Dispatcher Certification, and has maintained satisfactory performance; Or Option 3. Four (4) year college degree or Department of Public Safety Standards and Training Advanced Certificate/Dispatcher Certification, and has maintained satisfactory performance; Or Option 4. Four (4) year college degree and Department of Public Safety Standards and Training Advance Certificate/Dispatcher Certification, and has maintained satisfactory performance. Or Option 5. Advanced college degree (Master's or Doctorate Degree) 9.3 No new employee shall receive incentive pay until their successful completion of FTEP and their DPSST basic or career officer development Academy training. A lateral employee who meets the education and/or DPSST incentive pay requirements, as set forth above, will be eligible for the applicable incentive pay upon hire. Qualified laterals are defined below in Section 9.5. 9.4 Employees who are eligible for incentive pay shall receive five percent (5%) of the top step for their classification upon satisfying the requirements on Option 1 above; six percent (6%) of the top step for their classification upon satisfying the requirements on Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 8 EXHIBIT A Option 2 above; ten percent (10%) of the top step for their classification upon satisfying the requirements of Option 3 above; eleven percent (11%) of the top step for their classification upon satisfying the requirements on Option 4 above; or fifteen percent (15%) of the top step for their classification upon satisfying the requirements on Option 5 above. 9.5 To qualify as a lateral employee, the candidate must: a. Currently be employed in the equivalent position applied for or hold current certification for the position applied for; b. Currently possess any certifications as required by the Oregon Department of Public Safety Standards and Training (DPSST) or certifications specific to their position, and not be required to attend the full police academy; c. Have completed a field training and evaluation program where required; d. Have three (3) or more years of experience in the position applied for (excluding reserve time); and e. Be in good standing with a State of Oregon Law Enforcement Agency, where applicable. ARTICLE 10— REIMBURSEMENT FOR BOOKS AND TUITION 10.1 Subject to a maximum of twenty-five thousand ($25,000) dollars per employee, per fiscal year, the City will reimburse employees at the rate of one hundred percent (100%) for the cost of books and tuition for any successfully completed academic course which is directly related to their job classification or to an undergraduate degree program approved by the Department. The course must be approved in advance by the Police Chief, and completed with a grade point of 2.0 or better. Reimbursement requests must be submitted no later than thirty (30) calendar days from course completion. Reimbursement of tuition is subject to a budgeted amount not to exceed fifty thousand ($50,000) per fiscal year in the Police Department budget. Funds shall be distributed on a first come first serve basis. 10.2 Reimbursement is not available to those employees who are eligible to receive compensation through other subsidizing programs or from any other sources, such as the G.I. Bill, LEEP, or other similar programs. Any employee requesting tuition reimbursement may be required to demonstrate their ineligibility to receive compensation and/or reimbursement through these programs. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 9 EXHIBIT A 10.3 A further stipulation for any tuition reimbursement is that the benefited employee is required to continue employment with the City for a period of two (2) years after completion of the course(s). Voluntary separation from City service prior to this time period will require that the employee return to the City a portion of the amount received. The employee will be given credit for one twenty-fourth (1/24) of the amount received for each month of completed service after completion of the course for which reimbursement was made. The City may recover the reimbursement through deduction from the employee's final paycheck or through other legal means to the extent permitted by law. 10.4 The City will not normally provide reimbursement for college courses beyond the requirements for a bachelor's degree. Individual post-graduate courses related to the job classification will be considered on a case-by-case basis and shall be approved in advance by the Police Chief or their designee; such approval for post-graduate course will not be unreasonably denied. 10.5 It is acknowledged that the federal government sets the maximum amount allowed for employer-provided educational assistance to be exempted from being taxed as wages. Tuition reimbursement in excess of this federally established maximum will be taxable as wages consistent with applicable law. The City is not responsible for any employee's tax liability as a result of tuition reimbursement. ARTICLE 11— HOURS OF WORK 11.1 A normal work week shall consist of forty (40) hours and shall consist of five (5) consecutive work days, followed by two (2) consecutive days off, if an eight (8) hour shift; or four (4) consecutive work days followed by three (3) consecutive days off, if a ten (10) hour shift. A normal workday shall consist of eight (8) hours per day on the basis of a five (5) day work week, or ten (10) hours per day on the basis of a four (4) day work week. The City may establish alternate work schedules with the agreement of the Association and the affected employees. All work hours shall be consecutive except and during annual shift rotation or shift bumps and assignments based on seniority, and as set forth under Article 11.6, below. For purposes of payroll, the work week shall commence on Sunday at 12:00 a.m. and end on the following Saturday at 11:59 p.m. 11.2 LOCOM Alternative Scheduling. Assuming adequate staffing levels are attained to enable the City of Lake Oswego to support a four-ten (4-10) hour work schedule for its Communication Operators, the City may implement a four-ten (4-10) work schedule for Communication Operators. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 10 EXHIBIT A It is understood and agreed that the determination of whether adequate staffing levels exist to support the implementation or continuation of a four-ten (4-10) work schedule for Communication Operators remains with the City. It is further understood and agreed that in the event that such staffing levels are not attained or drop below levels deemed adequate by the City, the City retains the right to discontinue the four-ten (4-10) work schedule and return to five-eight (5-8) work schedule or the two-twelve—two-eight (2- 12/2-8) work schedule. In such event, the City will post a new shift schedule for a minimum of ten (10) calendar days and employees will remain in effect for the remainder of the January through June or July through December shift bid period, as appropriate, or until adequate staffing levels are re-established and the City has announced its intention to return to four-ten (4-10) work schedules. 11.3 Rest Periods. A rest period of fifteen (15) minutes will be permitted for all employees during each half of an eight (8) or ten (10) hour shift, which will be granted by the City, to the extent possible and consistent with the operating requirements of the Department and each employee's duties, and shall be considered on-duty working time. Employees who work twelve (12) hour shifts will be granted one extra fifteen (15) minute rest period. Rest periods shall not be taken at the beginning or end of a work period or accumulated for use at a later time. The combining of rest periods with meal periods for any employee shall be at the sole, non-grievable discretion of the Department. 11.4 Meal Periods. All employees will be granted a thirty (30) minute meal period during each work shift, to the extent possible and consistent with operating requirements of the Department. Each meal period shall be scheduled in the middle of the work shift, to the extent possible. Meal periods shall be considered working time and will be paid. In the event an employee is notified of unexpected need to hold over during their shift and is required to work four (4) or more hours beyond their regular quitting time, the employee shall be provided a meal at the expense of the City, or at the option of the City, shall be reimbursed up to $10.00 for the actual cost of the meal, with verification of expenditure. 11.5 Communication Operators will be permitted to leave their consoles, except where operational needs dictate otherwise. Communications Operators who are on break or meal periods will remain subject to call to their consoles in cases of immediate need. Consequently, Communications Operators may be on break outside and in the immediate vicinity of the Communications Center, if in contact with the Center by handheld radio. Communications Operators may be allowed to leave the Center during breaks and/or meal periods, as long as minimum staffing is maintained, with supervisory approval. 11.6 Newly hired employees who are attending basic recruit school will be assigned to training schedules and hours established by DPSST. During the period an employee is undergoing training at the Academy to obtain basic certification, their regular work Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 11 EXHIBIT A schedule shall commence as designated by DPSST. Time spent in training in excess of forty (40) hour per week, Monday through Friday, exclusive of meal periods, shall be compensated at one and a half times the employee's regular rate. When possible, overtime must be approved in advance. ARTICLE 12—OVERTIME AND COMPENSATORY TIME 12.1 Except as set forth in Article 11.6, when the City requires an employee to work beyond their forty (40) hours per week, or beyond their regularly scheduled eight (8) hours, ten (10) hours, or twelve (12) hours per shift, the employee shall be eligible for overtime pay or compensatory time subject to Article 12.5 below, at one and one-half (1-1/2) times their regular rate of pay. Overtime shall be computed to the nearest fifteen (15) minutes. There shall be no duplication of hours in computing overtime. For employees whose work schedules are affected by changes to and from standard time/day light savings time, the City may adjust the work schedule of those who would otherwise be required to work an extra hour to avoid incurring overtime pay obligations. Similarly, the City may adjust the work schedule to those who would otherwise work one (1) less hour, in order to assure that employee receives a full work shift. Those who are required to work an extra hour due to time changes will be paid overtime for that hour or be given the opportunity to work one (1) less hour, with supervisory approval. Those who work one (1) less hour will be given the option of using compensatory, vacation or holiday leave banks for that hour, having their pay reduced by one (1) hour or, for ten (10) hour shift employees, remaining at work for their entire ten (10) hour shift. Paid vacation, sick leave, holiday pay, and compensatory time shall be considered hours worked for the purpose of computing overtime. 12.2 In the event the City determines, under short notice (less than seventy-two (72) hours) or during the course of a shift, that it is necessary to mandate an employee to work overtime, the City shall first offer the opportunity to work the overtime to those employees currently at work, on a seniority basis. In the event that no on duty employee volunteers to work overtime, the overtime assignment will be filled in accordance with the mandatory language in Article 12.4 below. This section does not prohibit the City from calling an employee in. The City may divide an overtime shift between the least senior employee on shift and the most senior employee scheduled to work the next shift. LOCOM employees who volunteer for a mandatory overtime shift that is known seventy-two (72) or more hours in advance, will not be required to work beyond the volunteered hours unless they are next up on the mandatory list or under exigent circumstances. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 12 EXHIBIT A Overtime assignments for employees, that are known seventy-two (72) or more hours in advance, will be posted as whole shifts for a duration of at least one-hundred and twenty (120) hours, whenever possible. Overtime shifts may be divided provided the employee who voluntarily signs up for a shift that is less than four (4) hours waives the contractual four (4) hour callback minimum. In such cases, the employee shall be compensated for actual time worked at the applicable overtime rate as defined in this Agreement. Priority will be given to employees who sign up for the entire posted shift with preference to the most senior employee. If no one signs up for the overtime during that time period, assignments will be filled first by offering it to the supervisors in accordance with Article 12.3, and then in accordance with the mandatory language in Article 12.4 below. Overtime assignments for employees will not be posted for assignments more than ninety (90) calendar days in advance of needed coverage. Once an employee is identified for an overtime shift, either through sign-up or mandatory assignment as described in Article 12.4, senior employees have up to seventy-two (72) hours to exercise their right of seniority to bump for the overtime assignment. At the conclusion of the seventy-two (72) hour bump period, that shift becomes the responsibility of the assigned employee. The employee may only be released from the shift if the employee's need to be released from the shift is otherwise protected by law (ex. Oregon Sick Time law) or if they arrange for a qualified replacement or trade, subject to supervisory approval. 12.3 Police and LOCOM Supervisors shall be allowed to perform bargaining unit work under the following conditions. The Supervisor will only work those overtime shifts that would otherwise require a bargaining unit member to be mandated to work or one that has not been filled for an open compensatory time request that requires overtime. A bargaining unit member may "bump" the Supervisor up to seventy-two (72) hours prior to the shift. After seventy-two (72) hours it is assumed that no bargaining unit member wants the shift and no "bumping" will be allowed. If a Supervisor declines to sign up for an open shift, that shift shall revert back to the mandatory rotation of the bargaining unit or the compensatory time request will be denied. The Supervisor filling the overtime shift will count to the minimums of the shift, and in the case of a Patrol Supervisor, shall be expected to fill the role of the district officer they are replacing. 12.4 Mandatory Overtime. In order to cover overtime shifts which qualify as mandatory overtime and have not been filled, there will be two (2) mandatory overtime lists; one (1) for Police and one (1) Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 13 EXHIBIT A for Lake Oswego Communications (LOCOM). One list will consist of all Police Officers assigned to the patrol division who are no longer in the Field Training Program for the Police list, and the other list will consist of all Communications Operators, and Shift Leads who are no longer in the Field Training Program for the LOCOM list. Mandatory overtime will be considered any overtime that is required to be worked in order to cover a vacant shift. This would include shift extensions. Some examples of mandatory overtime are; sick coverage, annual vacation coverage, training coverage, etc. However, only an overtime shift that is four (4) or more hours in duration will be considered mandatory for the purpose of rotating on the mandatory list. The lists and sign off sheets will be posted in an agreed upon place whether it is in a physical location or utilizing technology, such as the department's scheduling software. The lists will be posted initially in inverse seniority where the least senior employee will be at the top of the list, and the first to be mandated. See Appendix E for the LOCOM Mandatory Overtime Process. See Appendix F for the Officer Mandatory Overtime Process. 12.5 Compensatory Time Off. Compensatory time off may be accrued by an employee as a result of call back, court appearances, training or overtime to a maximum of one- hundred and twenty (120) hours. Compensatory time will be accrued at the overtime rate and paid at the straight time rate. Compensatory time may be cashed out by the employee upon written request and will be paid at the next pay period. Compensatory time off shall be granted subject to the following: a. Employees shall request to use compensatory time off no more than ninety (90) calendar days prior and no less than twenty-four (24) hours in advance of the requested compensatory time off. This twenty-four (24) hour notice will, subject to "b" below, be considered reasonable notice under the Fair Labor Standards Act. b. Minimum staffing shall remain at three (3) officers or the established minimum in LOCOM. (Staffing requirements are, however, subject to change at the discretion of the City.) If the Department cannot secure a volunteer to cover for the employee who is requesting compensatory time off and thereby enable minimum staffing levels to be maintained, compensatory time off will be denied. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 14 EXHIBIT A d. Compensatory time off must be taken in blocks of four (4) consecutive hours or more, whenever compensatory time must be covered with employees working overtime. 12.6 Upon separation from employment with the City, accrued compensatory time will be paid to the employee or in the event of death to the employee's heirs, as required by law at the final regular rate earned by the employee. 12.7 Each year an employee may sell and the City may purchase the compensatory time balance above forty (40) hours, subject to available funds. Such purchase elections shall be made to be effective within the thirty (30) calendar days prior to a step increase or across the board wage adjustment. 12.8 Officers will not be permitted to work more than sixteen (16) consecutive hours performing patrol duties in a twenty-four (24) hour period. Officers assigned to perform non-patrol functions may be required to work more than sixteen (16) hours in a twenty- four (24) period. Officers will not, however, be allowed to sign up for overtime immediately preceding or following their regular scheduled shift that exceeds a total of sixteen (16) hours. In such an event, once the officer qualifies for overtime pay, they will continue to receive overtime pay until released from duty, irrespective of whether the work being performed extends into their next regularly scheduled workday. If the officer's work does extend into their next regularly scheduled workday and they are released from duty, their accrued compensatory, holiday or vacation time will be charged for the remainder of their workday. In the event the employee does not designate which type of paid leave is preferred, compensatory time will be used first, followed by holiday, then vacation pay. 12.9 LOCOM operators will not be permitted to work more than twelve (12) consecutive hours performing console duties; however, the inability to find an operator to meet minimum staffing may require additional hours in special circumstances. 12.10 For employees whose work schedules include New Years Day, July 4, Thanksgiving, and/or Christmas, they shall be eligible for overtime pay, at one and one-half(1.5) times their regular rate of pay for all hours worked on the actual holiday. For employees who volunteer or are mandated to work on any of these identified holidays, they shall be eligible for overtime pay, at two (2) times their regular rate of pay for all hours worked on the actual holiday. "Actual holiday" means midnight through 11:59 pm of the listed holidays in this section. See also Section 25.2. ARTICLE 13—SHIFT CHANGE—ADVANCE NOTICE Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 15 EXHIBIT A 13.1 The City shall determine the shift schedule and shift days. An employee will be given adequate advance notice of any temporary shift change in their regular assigned work shift. Any temporary shift change without prior notice that results in an employee being required to return to work at a time earlier or later than they would on their normal schedule, shall make that employee eligible for overtime, not to exceed ten (10) hours, if that employee was not notified of such change within seventy-two (72) hours prior to the change of shift. However, if an employee volunteers to change shifts temporarily, the employee shall not be eligible for overtime pay, and shall have waived the noticing requirement. 13.2 Except as stated in Articles 13.5 and 13.6, shift selections will be made first by the most senior employee assigned to those duties and will continue to the least senior employee assigned to those duties in descending order until each shift is filled. 13.3 For each calendar year uniformed Patrol Officers, Detectives, Community Service Officers, Traffic Officers, Communication Operators, and Shift Leads will select shifts and days off once a year for two (2) shift bid periods, January through June, and July through December, as determined by the Department. Annual shift selection and days off requests shall be submitted beginning on October 15th of the preceding calendar year and finalize no later than November 15th. Shift selections shall become effective between January 2nd and 15th, and July 15t and 15th, as determined by the Department. Canine Officer(s) are part of Police Patrol and will participate in the uniformed Patrol Officers annual shift selection process with the following restrictions. Canine Officers must select different work shifts, with no more than one (1) Canine Officer assigned to any work shift. Each Canine Officer must select work days that include the current regional canine training date as one (1) of their regular work days. Canine Officer shift(s) and days off options may be withheld from the Patrol Officers annual selection to ensure that Canine Officers can select work days that include the regional canine training day as a regular work day. The current regional canine training day will be identified as the sole discretion of management based on department needs. A Canine Officer may not be allowed to work the same shift for more than three (3) consecutive years unless approved by management. Canine Officers will be part of the shift minimum staffing and will take calls like other Patrol Officers except while on an active canine call. The canine program is implemented at the sole discretion of the Chief of Police. As noted above, Shift Leads will participate in the annual shift selection process with the following restrictions. The City has the ability to designate specific "shift lead shifts" for shift leads to select from to ensure leadership coverage is spread throughout the work week, after first conferring with the Shift Leads regarding their desired schedules. The Department reserves the right to change the hours of an employee's work assignment based on the Department's needs. In such an event the City determines that Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 16 EXHIBIT A a change in the shifts of uniformed Patrol Officers, Communications Operators or Community Service Officers is necessary based on operational needs, the shift change will be posted for a minimum of seven (7) calendar days and selections will be made in accordance with Article 13.2. This seven (7) day notice requirement does not, however, apply to temporary shift changes. 13.4 One (1) position shall be held open as a training position through which probationary Police Officers and Communication Operators will/may be rotated for training on each shift. Moreover, the City may create additional training positions as necessary to meeting training needs of probationary Police Officers or Communications Operators. 13.5 If an employee is reassigned or changes divisions after the shift schedule has been established and less than three (3) months remain in the year, the Officer or Communications Operator shall assume the days off of the vacant position as well as the vacant shift assignment. No bumping shall be permitted. 13.6 If three (3) or more months remain in the year, an employee who is reassigned or changes divisions after the shift schedule has been established, the employee shall select their shift and days off by seniority. Not more than three bumps shall be permitted. If an employee has no choice about their shift assignment because a senior employee bumped him into a new shift, their pre-selected vacation will not be affected. If an employee elects to bump into a new shift, their previously approved annual leave is void; the employee must submit a new request for annual leave to their new supervisor. 13.7 Employees who report for their regular shifts shall be compensated for a minimum of four (4) hours of work or pay unless given advance notice not to report. 13.8 Employees may, subject to supervisory approval, voluntarily trade shifts for either a short or long term duration. It is further understood and agreed that the seventy-two (72) hour notice requirement set forth in Article 13.1 and the seven (7) calendar day notice requirement set forth in Article 13.3 may be waived with the consent of the employee. ARTICLE 14—STANDBY PAY 14.1 Standby Pay. Whenever an employee is placed on standby, the employee shall be paid the following amounts at their regular rate of pay while so assigned: one (1) hour of pay for each regularly scheduled work day and two (2) hours of pay for each non-regularly scheduled work day. When standby is anticipated in advance, it will be posted and will be offered to qualified employees on basis of rotating seniority. Emergency and unanticipated standby needs will be assigned to qualified employees on an equitable basis, based on the needs of the City. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 17 EXHIBIT A An employee assigned to standby shall remain available and accessible. The employee must respond to a contact within approximately fifteen (15) minutes (e.g., phone call or text) and report to their work station within approximately one (1) hour of activation. In the event of activation of standby, the employee will be paid at callback rate, in addition to the two (2) hours of standby pay as described above. ARTICLE 15— PREMIUM PAY ASSIGNMENTS 15.1 If the City assigns a Police Officer to the responsibilities of a Tri-Met Officer, School Resource Officer (SRO), Adult Resource Officer (ARO), Motorcycle Officer, Detective, or Training Officer, for all or a part of a shift, the employee while so assigned shall receive five percent (5%) of their base pay salary for the entire shift. An employee fluent in a foreign language, or in American Sign Language, shall also receive five percent (5%) of their base pay. In order to be eligible for language premium pay, an employee must be fluent as determined by the City in its sole discretion. Canine Officers will be paid five percent (5%) per month of employee's base pay salary when assigned as a Canine Officer. In addition, Canine Officers shall be paid one (1) hour at one and one half(1-1/2) times their regular rate of pay for each day to account for the amount of off-duty time spent to care for the canine. On-duty time, in addition to compensation per this section, may be granted to care for the canine, subject to approval from the Canine Officer's supervisor. The five percent (5%) differential and the additional compensation provided per this section is intended to compensate the Canine Officer for off-duty grooming, feeding and care of the animal. The parties agree that this provision fully compensates the Canine Officer for these activities. Required training of the canine will continue to be paid at applicable straight-time or overtime rates. Employees will be allowed to receive a maximum of ten percent (10%) for multiple premium pay assignments under 15.1. 15.2 If an instructor is assigned to train other employees in those areas and spends at least one half of their shift providing or preparing for such training, the instructor shall receive five percent (5%) of their salary for the entire shift. Employees may be removed as an instructor without continued premium pay for not meeting articulable satisfactory performance standards. 15.3 If the City assigns an employee the responsibilities of a Field Training Officer or Communications Training Officer for all or part of a shift, the employee while so assigned shall receive ten percent (10%) of their base salary for all hours worked and for the entire shift if the employee works at least 50% of the shift. The City shall have the right to assign an employee while acting as a Field Training Officer (i.e., with a recruit Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 18 EXHIBIT A riding with them ) or Communications Training Officer to any shift, provided that no more than one (1) Field Training Officer or Communications Training Officer with trainee shall be assigned to a shift until all shifts have at least one (1) trainee. When not acting as a Field Training Officer or Communications Training Officer, the employee shall be returned to the shift originally bid. 15.4 Employees successfully completing the Acting Sergeant/Shift Lead process will be granted Acting Sergeant/Shift Lead status and shall be eligible to serve as Acting Sergeant/Shift Lead, as assigned by the City. Supervisors will be able to choose their replacement from qualified Acting Sergeant/Shift Lead who is working the shift in need of coverage. If no Acting Sergeant/Shift Lead is working on the shift during the time needed to be covered, the supervisor shall post the date and time the Acting Sergeant/Shift Lead is needed. The most senior Acting Sergeant/Shift Lead to bid shall be chosen to fill in as the Acting Sergeant/Shift Lead. It is understood that situations may arise where there is insufficient time to permit a posting, in such situations, as well as in situations where no officer bid for the Acting Sergeant assignment, the City may assign an officer to serve as Acting Sergeant/Shift Lead at its discretion. 15.5 Acting Sergeant Any officer who is assigned to act as Acting Sergeant shall be paid a ten percent (10%) wage premium on their base pay. Officers assigned to Acting Sergeant must meet the qualification and eligibility standards below. To be eligible to be considered an Acting Sergeant, an officer must: • Have been employed a minimum of three (3) years as a law enforcement officer; and, • Be off probation with the Police Department (this requirement can be waived at the City's discretion). To be qualified to be assigned as an Acting Sergeant, an eligible officer must: 1. Be recommended for the assignment by two (2) Patrol Sergeants; 2. Complete the training within the time frame allowed by the program manager; and, Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 19 EXHIBIT A 3. Positions will be held for one (1) year from the date of commission. Officers wishing to participate for each additional year must receive a satisfactory review of their Acting Sergeant performance from the patrol supervisors. 15.6 Communication Operator Shift Leads In the event the Communications Manager, Communications Operations Supervisors, and Shift Leads are unavailable, a Communications Operator may be assigned by the Communications Manager, or their designee, to act as a Shift Lead. Communications Operators assigned to act as Shift Leads shall be paid a ten percent (10%) wage premium on their base pay while acting as Shift Lead. To be eligible to be considered as a Communications Operator Shift Lead, an employee must: • Have been employed a minimum of five (5) years as a Communications Operator; and, • Be off probation with LOCOM. To be qualified to be assigned as a Communications Operator Shift Lead, an eligible employee must: 1. Be recommended for the assignment by their supervisor; 2. Complete the training within the time frame allowed by the Communications Manager; and, 3. Positions will be held for one (1) year from date of commission. Employees wishing to participate for each additional year must receive a satisfactory review of their performance as Shift Leads from the Communications Manager. 15.7 Officers who satisfactorily perform specialty assignments as a Tri-Met Officer, School Resource Officer (SRO), Adult Resource Officer (ARO), Detective, Motorcycle Officer, Training Officer (not FTO) or Canine Officer and are reassigned to regular patrol duty shall have their pay frozen at the premium rate applicable for their specialty assignments. Such officers shall continue to receive the five percent (5%) premium pay applicable for their specialty assignments until the wage rate applicable for regular patrol duty equals or exceeds the frozen premium pay assignment rate they were receiving at the time they were reassigned to such regular duty. This provision does not apply to employees who voluntarily leave a specialty assignment. Employees may be removed from specialty assignment without continued premium pay for not meeting Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 20 EXHIBIT A articulable satisfactory performance standards. See also Article 33.3 for Probationary Period. 15.8 Officers assigned to the SWAT/HNT/MFF team(s) will receive five percent (5%) of their base pay for all hours training and/or deployed in that capacity. Dispatchers certified as a Quality Assurance Evaluator will receive five percent (5%) of their base pay for all hours training and/or working in that capacity. ARTICLE 16—CALL BACK 16.1 Call back is to be compensated at the rate of time and one-half(1 1/2) for a minimum of four (4) hours, except as set forth below. A call back is defined as when an employee is called back to work after being released from their regular work shift and required to physically report to a City facility or another location as directed by the City. 16.2 An employee who is called back to work after having been released from their regular shift by the City shall receive a minimum of four (4) hours pay at the rate of time and one-half(1 1/2) their regular rate of pay unless the time is within one (1) hour of their regular shift, starting or ending time, or as specified in Article 12.2, or for court time as discussed below. Time will be computed to the nearest fifteen (15) minutes. Each hour spent in excess of four (4) hours on call back shall be paid at time and one- half(1 %) the regular rate of pay. 16.3 Court Time. Employees called to appear to court, outside their regular shift, on City business, shall receive overtime compensation for their time spent in court that is outside their regular shift per this Section. For court time that is outside their regular shift, the employee shall be compensated for a minimum of four (4) hours at the overtime rate. If a subsequent court appearance is required that same day, it shall be considered part of the previous appearance, if there is less than a one (1) hour break in appearances and it is beyond the initial four (4) hour overtime period. If the break in appearances is one (1) hour or more beyond the initial four (4) hour overtime period, the second appearance will receive the minimum four (4) hour pay at the overtime rate, unless the time extends into the employee's regular shift. If the four (4) hours overlaps into the employee's regular shift, the employee shall not be compensated twice for the time, but shall only receive regular pay for the overlap time. For graveyard employees, any court time outside their regular shift is eligible for the four (4) hour minimum. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 21 EXHIBIT A If the employee receives a subpoena after scheduling their day off, the employee is eligible for overtime pay. However, if the employee receives a subpoena first and then schedules a day off, the employee is not eligible for court time or overtime call back if those hours coincide with their regular shift. Instead, an employee who requests time off on a day and time when they have been subpoenaed to a court appearance will have their paid leave banks credited with the actual number of hours spent in court during their regularly scheduled hours of work. Under no circumstances shall an employee receive compensation twice for the same hours. 16. 4 If an employee is called back after having been released from a prior call back, this shall not constitute a separate call back if it occurs within the four (4) hour period of the initial call back. 16.5 Employees who are on off-duty status shall not be required to work beyond a completion of a specific call-back except where precipitated by identifiable operational needs. 16.6 Phone calls or text messages from the City to an off-duty employee, which require an employee response, shall be computed to the nearest fifteen (15) minutes as specified in Article 12.1. There shall be no duplication of hours in computing overtime. Phone calls or text messages that do not require the employee to respond off-duty are not compensable (e.g., inquiries about availability to work). Responses compensable under this section are not considered a call back. If an employee is called back to work after responding to such phone calls or text messages, the employee will receive the minimum call back overtime set forth in this Article 16 in addition to the overtime payment for the phone call/text response. ARTICLE 17— LAYOFF 17.1 Layoff. The City may layoff an employee for a shortage of funds, business necessity, change in staffing, reorganization or lack of work. Layoff shall be by specific job classification as set forth in Appendix A in the following order: In the event there are probationary employees in the classification selected for layoff, the probationary employees in that classification shall be laid off first. In the event there is more than one (1) probationary employee in the classification, the City may retain either probationary employee, based on its determination of the relative skills, qualifications, abilities and performance of those employees. In the event there are no probationary employees in the classification(s) selected for layoff, regular employees within such classification(s) will be laid off in ascending order (bottom to top) of an employee's seniority within the classification. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 22 EXHIBIT A The City may also layoff employees who are unable to perform the essential duties of their job with or without accommodation or failure to maintain the minimum qualifications of their position, subject to applicable law. This could be due to an illness, injury, or due to revocation of DPSST certifications as required in the "Licensing and Other Requirements" section of the applicable job description. In such an event, seniority shall not apply and the employee shall have no bumping rights. The employee will, however, be placed on the recall list and will be eligible for recall in the event they regain their ability to perform all the essential duties of their job (with or without accommodation) or to satisfy minimum qualifications during the twenty-four (24) month recall period. It shall be the responsibility of the employee to notify Human Resources in the event they are unable to perform all the essential duties of their job and/or regain their ability to satisfy minimum qualifications. Prior to recalling an employee who is laid off under this provision, the City may require appropriate verification of the employee's regained ability to meet the requirements of their position, as applicable. 17.2 Bumping. Employees within the bargaining unit may bump from a higher classification to a lower classification, providing the bumping employee has the current skills, ability and qualifications to perform the lower classification; has greater bargaining unit seniority; bumps the person with the least seniority in the lower classification and exercises their bumping rights in writing within ten (10) calendar days of receipt of layoff notice. 17.3 An employee shall be given written notice of a pending layoff at least thirty (30) calendar days before the effective date of the layoff. The City may, in lieu of requiring the employee to continue to work, offer to pay the employee for the straight time wages(s) he would have earned during the thirty (30) calendar day notice period. 17.4 Recall. Regular employees who have been laid off shall be placed on a recall register for a period of twenty-four (24) months from the date of the layoff. Reinstatement shall be offered to those employees on the list for the job classification from which they were laid off in descending order (from top to bottom) of seniority possessed at the time of layoff prior to hiring any new employees. Notice of recall shall be made by Certified Mail — Return Receipt Requested, regular mail, and e-mail, if the employee has provided the City with a personal e-mail address. Laid off employees shall be responsible for keeping the City informed of their correct mailing address and correct e-mail address. Failure to respond to such recall notice within five (5) business days of the mailing of the notice shall cause loss of recall eligibility. An employee shall have two (2) weeks to report to work. ARTICLE 18—WORKING OUT OF CLASSIFICATION Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 23 EXHIBIT A 18.1 Any employee designated by the City as acting-in-capacity in a position other than their regular job classification shall receive an additional ten percent (10%) pay of their base salary for all time worked in a higher classification. ARTICLE 19—TRAINING 19.1 Employees shall participate in training, including firearms training, at times set by the Chief of Police or their designee. Employees required to participate in any training during off-duty hours shall be compensated for a minimum of four (4) hours at the rate of time and one-half(1 %) of their regular rate of pay. Commuting time to and from training shall be paid in accordance with the FLSA. The four (4) hour minimum does not apply if the training is contiguous with the employee's normally scheduled workday. 19.2 The City agrees to provide all ammunition for required firearms training for approved on or off duty weapons provided such off-duty weapon is the same caliber as an approved on-duty weapon. The City shall supply an appropriate duty weapon which may be used as an off-duty weapon. 19.3 Employees who are on off-duty status shall not be required to work beyond completion of a specific training, except where precipitated by identifiable operational needs. ARTICLE 20— UNIFORM ALLOWANCE 20.1 The City shall provide the required uniform to new Police Officers, Community Service Officers and Evidence Technician. Police Officers, Community Service Officers and Evidence Technician presently employed shall be provided any replacements or additions to the required uniform when needed, as determined by the City. The employer agrees to clean each uniform jacket/coat and hat three (3) times per year. Additional cleaning may be approved by the City, as needed. 20.2 The City agrees to reimburse Police Officers, Community Service Officers, Behavioral Health Unit Personnel, and Evidence Technician up to Two Hundred Dollars ($200) annually for winter or summer footwear or to resole footwear, as needed. 20.3 The City will provide a clothing/cleaning allowance for plainclothes Police Officers and the Behavioral Health Unit Personnel of Four Hundred Twenty-Five Dollars ($425.00) per fiscal year. 20.4 The City will provide uniformed officers with professional services to clean and press one (1) uniform per week. The service will include pick-up and delivery at the City twice per week. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 24 EXHIBIT A 20.5 The City shall reimburse employees on a case-by-case basis for personal property worn or carried which is stolen, damaged, or destroyed during the course of employment as a direct result of the employee's performance of official duties. Reimbursement will not be granted if the negligence or wrongful conduct of the employee was a contributing factor to the theft, damage or destruction thereof, or to the extent the property was insured. To be eligible for this reimbursement, the employee must request restitution for the property, in writing, to the Police Chief or their designee. ARTICLE 21—EMPLOYEE INSURANCE BENEFITS 21.1 Medical and Dental. The City agrees to provide the following plans: Medical Insurance. Employees may select either Regence BC/BS (administered by CIS)/VSP Vision or the Kaiser plan. Dental Insurance. Employees may select either Delta Dental or the Kaiser plan. Effective the first of the month following ratification and approval, employees will pay up to seven percent (7%) of the total medical and dental premium cost not to exceed $130.00 per month for Regence BC/BS (tiered rates) and not to exceed $115.00 per month for Kaiser (composite rate). Effective January 1, 2027, employees will pay up to eight percent (8%) of the total medical and dental premium cost not to exceed $140.00 per month for Regence BC/BS (tier rates) and not to exceed $130.00 per month for Kaiser (composite rate). Effective January 1, 2028, employees will pay up to ten percent (10%) of the total medical and dental premium cost not to exceed $140.00 per month for Regence BC/BS (tier rates) and not to exceed $140.00 per month for Kaiser (composite rate). Employee contributions will be deducted from employee paychecks. In the event an employee has depleted their paid leave accounts, but is entitled to continued payment of the City's portion of the premium as described below, the employee must pay their monthly contribution directly to the City. Employees shall continue to receive medical, dental, disability and life insurance benefits through the City's payment of its portion of the premium costs during the time they are on paid leave (holiday, vacation, sick leave and compensatory time) or during the time they are on FMLA and/or OFLA leave, whichever is greater. Benefit coverage through the City's payment of its portion of the premiums will continue until the last day of the month in which the employee's paid leave is depleted or FMLA and/or OFLA leave expires, whichever occurs later, except as otherwise required by law. 21.2 The City agrees to pay the cost of the following life and disability benefit. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 25 EXHIBIT A Disability Insurance. Effective on the first of the month following execution of this Agreement, the City shall provide long-term disability coverage up to $3600/month, after a ninety (90) day waiting period. Life Insurance. This plan provides a term life insurance benefit in the amount of the employee's annual base salary to a cap of$50,000. The plan shall include an accidental death and dismemberment benefit. The actual amount is subject to plan requirements. 21.3 Voluntary Employee Beneficiary Association. The City will maintain a Voluntary Employee Beneficiary Association (VEBA) for the employees covered by this Agreement. Contributions to individual employee VEBA accounts shall be made in accordance with the terms of this Agreement, as authorized by Internal Revenue Code Section 501(c) (9). 21.4 Domestic Partners. For purposes of this Article, where insurance benefits are extended to "spouses", a registered domestic partner shall be considered a spouse. Children of registered domestic partners shall also be considered family members of an employee. The City shall require the employee to submit the registered certificate of domestic partnership. Employees are obligated to promptly notify the Human Resources Department if domestic relationships end. ARTICLE 22— EMPLOYEE DEVELOPMENT AND REVIEW 22.1 Employees shall meet with their supervisor at least two (2) times a year consistent with the City's Employee Development and Review program. The City shall strive to conduct at least one (1) of these meetings no later than thirty (30) days from the employee's anniversary date. Employees shall be given a copy of their documentation. Employees will be given the opportunity to meet with their supervisors to discuss their development and review their performance and may provide a written response, which will be attached to the documentation. Employee development and performance review outcomes may not be grieved. However, employees may submit written rebuttals to the documentation. ARTICLE 23—WORKERS' COMPENSATION 23.1 Workers Compensation Leave. For an employee with a pending or an accepted claim for an on-the-job injury or occupational illness, and who is receiving time loss benefits, that employee will receive their regular paycheck (including any overtime per statutory time loss rules) for the first one-hundred and eighty (180) calendar days of absence immediately following the date of injury or occupational illness. No sick leave will be deducted from the employee's accruals for the one-hundred and eighty (180) calendar Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 26 EXHIBIT A days immediately following the date of injury or occupational illness to cover absences due to the injury or occupational illness. a. For the first one-hundred and eighty (180) calendar days absence, and while the employee is receiving time loss benefits, the employee's time when absent from work due to the injury or occupational illness shall be coded as "Workers Compensation Leave." Those hours may be used intermittently. b. Employees will not be entitled to an additional one-hundred and eighty (180) calendar days for aggravation of any such injury or illness. Aggravation claims are included in the original injury/illness claim. c. Employees who are granted light duty assignments, as well as employees who are working their regular positions, while recovering from an accepted claim for an on-the-job injury or occupational illness, will be able to code "Workers Compensation Leave" for any time off for absence from work that are attributable to such injury or occupational illness (i.e. doctor's appointments, physical therapy sessions, etc.) provided the following is met: 1) it is within the one-hundred and eighty (180) calendar days (described above); 2) it is within the one (1) year period immediately following the date of the original injury or occupational illness; and 3) the employee is receiving time loss benefits. An employee may utilize sick leave for such absences that do not meet these conditions. 23.2 Time Loss Benefits. If eligible for time loss due to an on-the-job injury or occupational illness, the employee will keep their time loss check. Employees will receive their regular paycheck and benefits for the period they are receiving time loss benefits. Whether or not the employee's leave banks are charged to makeup the difference between the employee's time loss benefit and their regular paycheck depends on whether the employee is still within the one-hundred and eighty (180) calendar day period as described in Section 23.1. A. For employees still within the one-hundred eighty (180) calendar days, any time loss benefits received will be deducted from the employee's paycheck and adjusted in the next available payroll cycle, or subsequent paychecks if the employee's paycheck is insufficient to permit recovery. B. After an employee has been absent for more than one-hundred and eighty (180) calendar days, employees shall use available sick leave payments in order to receive their regular gross wages. However, an employee's sick leave bank shall be charged for only the differential between the employee's time loss benefit and their regular gross wages. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 27 EXHIBIT A C. The employee shall continue to accrue all benefits including sick leave, vacation accrual and health insurance while the employee is receiving time loss benefits and/or using any paid leave bank. PERS will not be paid on any workers compensation wages. 23.3 Leave Upon End of Time Loss Benefits. In the event an employee's time loss benefits end, but they are unable to return to work, that employee may utilize full sick leave benefits in order to receive their regular gross wages. 23.4 Order of Leave Usage. In the event an employee's sick leave benefits are depleted (whether or not they are receiving time loss benefits), that employee shall use available compensatory time, vacation pay and holiday pay to receive their regular gross wages. In the event an employee does not specify whether they prefer to utilize compensatory time or vacation pay, compensatory time will be utilized first, then vacation pay and holiday pay. Should the employee deplete all available leave banks and still not be able to return to work, the employee will be considered to be in a non-pay and non-benefit status. 23.5 If an employee's workers' compensation claim is disputed, the employee will be eligible to exercise the same options as outlined in Section 23.1 and Section 23.2, while the claim is in disputed status. In the event that the employee's claim for injury or illness is denied as a non-compensable injury or illness at any point in the workers' compensation process, whether by the City's workers' compensation carrier or through a workers' compensation proceeding, the employee shall, from that date, be treated as though they suffered a non-compensable injury or illness and shall be eligible to draw full available sick leave benefits. If the employee's sick leave benefits are depleted, the employee shall use available compensatory time, vacation pay and holiday pay. In the event an employee does not specify whether they prefer to utilize compensatory time, vacation or holiday pay, compensatory time will be utilized first, then vacation pay and holiday pay. 23.6 In the event there is a final decision issued through the Workers' Compensation Board or Oregon courts, reversing a previous determination that an employee's injury or illness was or was not compensable, the employee's sick leave and other paid leave accounts will be adjusted to reflect what they should have received in sick leave and other benefits pursuant to Section 23.1 and Section 23.2, above. Any such adjustment will not, however, permit an employee to receive the restoration of sick leave or other paid leave benefits for any portion of an employee's time off for which they were receiving time loss or disability insurance benefits. If the employee's sick leave and other paid leave accounts are insufficient to allow the City to adjust for overpayments, the employee's sick leave account will be adjusted to reflect a negative balance. The City will not, however, reflect a negative balance in the employee's other paid leave accounts or deduct from the employee's subsequent paychecks to adjust for overpayments. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 28 EXHIBIT A 23.7 An employee may elect for the time an employee is absent from work due to an on-the- job injury or illness to count against the employee's FMLA leave consistent with applicable law. If the employee makes no election, the time an employee is absent from work due to an on-the-job injury or illness will not count against the employee's FMLA leave. ARTICLE 24—VACATIONS 24.1 Employees shall be credited vacation time as follows: Years of Service Hours of Vacation Per Month 0 through 3 8 4 through 9 11 10 through 15 _ 14.33 16 + 16.67 In no instance shall an employee accrue vacation time while they are on a leave of absence without pay, except as required by applicable law. Vacation time off must be approved in advance by the Police Chief, or their designee, unless there are exigent circumstances. Vacation requests will be approved based on operating requirements. Managers will deny vacation requests if leave is not available, except as otherwise agreed upon for newly hired employees. The City reserves the right to credit lateral new hires and other non-sworn represented hires with experience in the hired job classification with up to sixty (60) hours of vacation time in recognition of their previous work experience. Qualified lateral hires may be considered for accelerated vacation accrual rates, as described above, based on their time in their prior job classification. Employees are not eligible for vacation payout should they leave employment within their first six (6) months. 24.2 Vacation time may be accrued to a maximum of two (2) years unless approved in writing by the Police Chief. The cash equivalent of vacation time accrued in excess of the maximum shall automatically be paid into employee VEBA accounts. 24.3 The following guidelines shall be followed when approving paid time off for police personnel. a. Approval of Annual Vacation Time. Annual vacation leave requests shall be submitted in seniority order for approval starting October 15th and ending December 15th. Approval shall be based on the needs of the Department, as determined by the City. In the event of conflicts in Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 29 EXHIBIT A annual requests, seniority shall prevail. An annual vacation schedule shall be posted no later than January 15th for the vacation bid year commencing January 15th. A supplemental annual vacation leave process for the remaining vacation slots will occur May 15th through May 31st for the period July 1st through January 15th. Approval shall be based on the needs of the Department, as determined by the City. In the event of conflicts in supplemental vacation requests, seniority shall prevail. Other vacation requests received after January 15th and after May 31st shall be approved based upon the needs of the Department, as determined by the City on the basis of time submitted, without regard to seniority. In this instance, when an employee submits a request for vaca- tion, it should be submitted no more than ninety (90) calendar days in advance and it will be approved or denied at least seven (7) calendar days prior to the first day of requested absence unless the request is submitted less than seven (7) calendar days in advance. At the supervisor's discretion, requests for vacation leave may be approved with less than seven (7) calendar days' notice. Cancellation of approved annual vacation leave shall occur only when the employee is agreeable. Other vacations may be canceled only in emergency situations. Call back of a vacationing employee shall be avoided if possible and should only be actively pursued if the employee is agreeable to cancellation of remaining leave time. Vacation time off should not be conditioned. However, if staffing levels preclude unconditioned leave, an employee may request in writing a conditioned leave. b. Approval of Holidays. Requests for holiday should be submitted by the employee at least seven (7) calendar days, but not more than ninety (90) calendar days, prior to the effective date of the leave, and shall be approved or denied two (2) calendar days before the effective date of the leave unless mutually agreed otherwise. Employees shall be allowed time off subject to the needs of the Department. At the supervisor's discretion, requests for holiday time off may be approved with less than seven (7) days' notice. If cancellation of holiday leave is required as a result of such unforeseen things as illness, disability, military leave, etc., notice of cancellation should be made twenty-four (24) hours before the effective hour of the leave. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 30 EXHIBIT A Holiday time off should not be conditioned. However, if staffing levels preclude unconditional leave, an employee may request in writing a conditional leave. Generally, an employee on holiday leave should not be called back. 24.4 An employee may elect to be paid up to eighty (80) hours of accrued vacation with approval from the City, once per fiscal year. 24.5 Vacation Incentive. Except for the use of FMLA/PLO/OFLA leave, and the first forty (40) hours of sick leave protected annually under Oregon's Sick Leave Law, represented full- time employees who do not use any sick leave during any consecutive three (3) month period shall be entitled to convert ten (10) hours of accrued sick leave to ten (10) hours of vacation leave. Conversion requests should be submitted immediately after the conclusion of the consecutive three (3) month period; however, requests made for converted time during the previous rolling twelve (12) month period will be accepted. Requests that include converted time prior to the rolling twelve (12) month period will not be considered. ARTICLE 25— IN LIEU OF HOLIDAYS 25.1 Accrual of Holiday Compensatory Time. In lieu of holidays, all employees shall accrue ten (10) hours credit for each full month worked. 25.2 Holiday Compensatory Time Usage and Banks. Holiday compensatory time shall be maintained in a separate bank. An employee must maintain a minimum of zero to ten (0-10) hours of holiday compensatory time in their bank. Holiday compensatory time over ten (10) hours, but less than twenty-one (21) hours may be cashed out by an employee, upon written request. The cash equivalent of holiday compensatory time in excess of twenty-one (21) hours will be automatically paid into employee VEBA accounts established pursuant to Article 21.3. All changes will be made effective on the next available payroll cycle. 25.3 Employees will be eligible for overtime compensation for the holidays identified in Article 12.10, in addition to the Holiday Compensation Time hours in Article 25.1. ARTICLE 26—SICK LEAVE 26.1 Sick Leave Accrual. Sick leave shall be earned by each employee at the rate of eight (8) hours for each full month of service. Employees shall be credited a prorated amount of Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 31 EXHIBIT A sick leave for work less than a full month. Sick leave may be accumulated to a total of not more than one-thousand (1000) hours. Sick leave will continue to accrue while an employee is off work on paid leave, including leave due to an on-the-job injury or occupational illness for which they are receiving sick leave or other paid leave in conjunction with workers' compensation time loss benefits pursuant to Article 23. 26.2 Sick Leave Upon Hire. Upon hire, new employees will be credited with a sick leave balance equivalent to six (6) months' accrual. New employees will not accrue sick leave during the first six (6) months of employment, but will resume accruing sick leave upon completion of six (6) months employment. 26.3 Sick Leave Usage. Employees may utilize their accrued sick leave for the following purposes: a. When the employee is unable to perform their work duties by reason of an off-the-job illness or injury, pregnancy, necessity for medical or dental care, or exposure to contagious disease. b. When an employee is unable to perform their work duties by reason of an on-the-job injury or occupational illness, as set forth in Article 23. c. When the employee's presence is required to care for a member of their immediate family who is ill or injured in accordance with FMLA, PLO, OFLA (ORS Chapter 659A), and/or the Oregon Sick Leave Law (ORS 653.601-661). d. For bereavement leave, as set forth in Article 27.2. e. For other qualifying absences in accordance with FMLA, OFLA, PLO, the Oregon Sick Leave Law, and/or Article 26.3 below. For the purpose of this Article "immediate family" is defined as an eligible employee's mother, father, spouse, domestic partner, sister, brother, children (biological, adoptive, foster or step children), the domestic partner's child, mother and father, parent-in-law, grandparent, grandchild, other relatives living in the employee's household, and a person with whom the employee was or is in a relationship of in loco parentis. For further information regarding what sick leave can be used for, contact Human Resources. A charge against the employee's sick leave account shall be made on a prorated basis and in proportion to the time the employee was absent from their regular work shift. All Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 32 EXHIBIT A sick leave payments shall cease upon the depletion of the employee's sick leave account. An employee may use accumulated paid leave time in lieu of sick leave. 26.4 Sick Leave and FMLA/OFLA. The City will comply with the Family Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), Paid Leave Oregon (PLO), and Oregon Sick Leave Law. While on protected leave, an employee may utilize their sick leave benefits, except for FMLA military exigency absences. Employees who qualified for and who are absent from work for FMLA, PLO, and/or OFLA qualifying reasons are eligible to use accrued paid leave. If an employee elects to use paid leave, sick leave will be used first and thereafter, if the employee does not specify a preference, compensatory time, then vacation pay, then holiday pay will be used in that order. 26.5 Medical Verification.The City may require an employee to submit written certification from a physician or other acceptable verification of eligibility to receive sick leave benefits under any of the following conditions: a. Whenever the employee's absence exceeds three (3) consecutive workdays; b. Whenever the City can articulate facts giving rise to a good faith concern that misuse of sick leave has occurred (i.e. questionable patterns of usage, calling in on a previously denied day off, etc.), provided the employee has been notified of such facts and has been given the opportunity to address the concern before certification is required; and c. As otherwise allowed in accordance with applicable law. Acceptable verification may be required as a condition of payment. Any cost incurred by the employee to obtain medical verification (i.e. co-pays) will be reimbursed by the City Additionally, the City may require a medical release or medical verification of an employee's work-related limitations whenever the City has a legitimate question about whether an employee's illness or injury prevent them from performing essential job duties without a threat to the safety of the employee or others. The City may also require medical verification whenever it has a legitimate question about whether an employee is caring for or needed to care for an ill or injured member of their immediate family, or is entitled to receive sick leave as permitted by Article 26.3 above. 26.6 Sick Leave Authorization. A charge shall be made against sick leave credits for time absent from work only. All sick leave must be approved by the employee's supervisor. Approval may be withheld pending certification of the attending physician or practitioner as set forth in Article 26.4, above. No compensation for accrued sick leave Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 33 EXHIBIT A shall be allowed to any employee when they are separated from City service. Abuse of sick leave shall be cause for disciplinary action. 26.7 Sick Leave and Disability. An employee may utilize their sick leave account or other paid leave accounts until such time as the employee is eligible to receive disability insurance payments under PERS or the City's long term disability insurance policy 26.8 Sick Leave and Retirement. The City will participate in the PERS Sick Leave Conversion Program in accordance with ORS 238.350. 26.9 Donation towards Sick Leave. Employees may donate up to forty (40) hours of their accumulated vacation, holiday or compensatory time per year to a donated leave bank administered by the City for use by other employees who have exhausted their sick leave and other paid leave accounts due to illness, injury or other medical conditions. Donating time shall not be used to extend employment. To be eligible to apply for donated leave, an employee must have a serious illness or medical condition or be caring for a family member with a serious illness or medical condition that requires a prolonged absence from work; and must not be receiving or eligible to receive long term disability benefits. Applications for donated leave must be made to the City, in writing, and must describe the serious illness or medical condition necessitating the leave. All applications for donated leave must be approved by the City in advance. The donating person's time to a bank will be converted to money based on the donator's hourly rate. When a request is made to the City for a donation, and approved by the City, the money is paid out at the receiving employee's current rate of pay. 26.10 Contributions to VEBA. The cash equivalent of sick leave time accrued in excess of one- thousand (1000) hours will be automatically paid into employee VEBA accounts. ARTICLE 27— BEREAVEMENT LEAVE 27.1 Bereavement Leave. Employees shall be allowed up to forty (40) hours of paid bereavement leave for the death of an immediate family member. The number of days will be determined by the City. The determination of how many days will be paid will be based upon travel needs and the relationship of the deceased to the employee. 27.2 Employees may use a total of eighty (80) hours as bereavement leave for the death of an immediate family member as defined by and in accordance with OFLA, provided the leave is used within sixty (60) calendar days from notice of death. In such an event, employees may use sick leave for such absences. In the event the employee's sick leave banks are depleted, employees may use other accrued leave or non-pay. Bereavement Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 34 EXHIBIT A leave granted under Article 27.1 will run concurrently with leave granted under Article 27.2, to the extent permitted by law. 27.3 For the purposes of Articles 27.1 and 27.2, immediate family member shall be defined as set forth in Article 26.2. ARTICLE 28—WITNESS AND JURY DUTY 28.1 When an employee is called for jury duty or is subpoenaed as a witness as a result of their official employment duties with the City, they will be continued at full salary for the period of service required. All monies received as witness fees or pay for jury duty must be signed over to the City when compensation is claimed. 28.2 When a retired employee is called back to testify in a court case which arises as a direct result of the former employee's employment with the City, that employee shall be paid at the step (s)he occupied at the date of retirement for a minimum of four (4) hours or the hours (s)he required to: testify; wait to testify or prepare for testimony, at the direction of the City Attorney/District Attorney, whichever is greater. As a condition of payment, the retired employee must submit their subpoena and a written statement of the hours for which they were entitled to be compensated. The retired employee is required to contact the prosecutor's office on a daily basis to determine if trial is cancelled, or delayed and to confirm when they are required to report for testimony. 28.3 Prior Employment Subpoenas. Employees who are subpoenaed to appear for court proceedings as a result of the exercise of law enforcement duties during prior employment with another agency will be granted time off from work as necessary to comply with the subpoena. The City will pay employees for actual time spent in court and travel time to and from the proceeding that fall within the employee's regular work schedule. In no event will the City pay overtime for time appearing in a court proceeding pursuant to a subpoena or time spent traveling to or from the proceeding that occurs outside an employee's regular straight-time working hours. All monies received as witness fees or pay for jury duty must be signed over to the City when compensation is claimed. ARTICLE 29—ASSOCIATION BUSINESS 29.1 Association representatives shall be allowed access to employee work locations for the purpose of processing grievances or for contacting members of the Association. Such representatives shall not enter any work location without the consent of the Police Chief or the Police Chief's designee. Access shall be restricted so as not to interfere with the normal operations of the Police Department or with established security requirements. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 35 EXHIBIT A 29.2 The Association will be entitled to two (2) representatives. At any given time one (1) representative may process grievances during working time. The Association's president or vice-president shall normally serve as representatives. The City shall retain the right to restrict such activity if the City determines this provision is being abused. 29.3 The City shall grant an Association representative up to two (2) hours of paid time during regular working hours (not overtime) to review the Agreement with each new bargaining unit employee. Association representatives will also be granted reasonable time during their regularly scheduled working hours to investigate and process grievances, attend interviews of employees being investigated, participate in due process proceedings and engage in other union activity in accordance with applicable law. 29.4 Except as otherwise provided in this Agreement, bargaining unit employees shall not engage in Association activity while on duty. Conversations relating to Association activities or business which do not directly disrupt work place or other department functions shall not be construed as "union activity while on duty." 29.5 The City agrees not to discriminate against the Association regarding use of inter-office communications including, but not limited to e-mail, voice mail, inter-office mail, mail boxes and telephones for Association business. Inter-office communications shall be as set forth in the City's Electronic Communications Administrative Policy Guidelines as modified by Department's policies. ARTICLE 30—CONTRACT RENEWAL SESSIONS 30.1 Not more than four (4) employees shall be permitted to attend negotiating meetings with the City without loss of straight time pay relative to securing renewal of the Agreement. The City may agree to allow additional employees to attend, subject to the other provisions of this Article. The dates, times and places for these negotiating sessions will be established by mutual agreement by the parties. On-duty employees shall notify their superiors prior to the expenditure of time. Employees who negotiate outside their regular working hours will receive an adjustment in their work schedule for that workweek to receive a number of hours off duty equivalent to the number of hours they spent attending negotiation sessions off duty, subject to staffing needs. If a scheduling adjustment cannot be made due to staffing needs, the employee will be compensated for the time spent in the negotiation meeting at the employee's straight time rate. ARTICLE 31—SUBCONTRACTING Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 36 EXHIBIT A 31.1 The parties agree that should the City contemplate contracting out bargaining unit services, the City will comply with its bargaining obligations under PECBA to include notice to the Association under ORS 243.698 prior to making a decision to contract out services. ARTICLE 32—PERSONNEL FILES 32.1 Each employee shall have the right, upon request, to review and obtain electronic copies of the contents of their personnel file, exclusive of materials received prior to the date of their employment by the City. There shall be only one (1) personnel file and it shall be maintained by the Human Resources Department. 32.2 When an adverse item is placed in an employee's personnel file, the City shall at that time provide a copy of the item to the employee. An employee may respond to any item placed in their personnel file and the employee's response shall become a part of their file. All formal disciplinary actions, except counseling and oral reprimands, shall be recorded in the employee's personnel file. 32.3 All employment inquiries from prospective employers of current employees shall be referred to the Police Department for a response unless the employee has requested a response from the Human Resources Department in writing. Irrespective of whether the inquiry is directed to the Police Department or Human Resources Department, the information provided for all employees excluding Police Officers will be issued consistent with a signed release. Information provided for Police Officers will be issued consistent with applicable law. 32.4 A written reprimand, upon request of the employee, shall be removed from the employee's personnel file at the end of eighteen (18) months from the time the written reprimand was dated, provided there is no subsequent related reprimand or disciplinary action taken during the intervening period of time. All other disciplinary documents, upon the request of the employee, shall be removed from the employee's personnel file at the end of three (3) years from the date of the disciplinary action, provided no other disciplinary action has been taken; in which case, the documents shall be removed three (3) years from the most recent disciplinary action. 32.5 Documents that have been removed from the employee's personnel file shall be sealed in an envelope and not physically destroyed to comply with applicable law. For Police Officers, all personnel records including but not limited to the personnel file, records of complaints, and disciplinary action, shall be retained for ten (10) years after the Police Officer leaves the City's employment and provided to other law enforcement agencies that are considering hiring the Police Officer in accordance with applicable law, regardless of whether the records have been removed from the Police Officer's personnel file. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 37 EXHIBIT A At the end of the minimum retention periods required under OAR 166-200-0305 (4) and (5) and applicable law, the City will destroy any investigative reports, statements, interview and hearing records and other findings used to support expunged documents, as well as investigations resulting in exonerations or unfounded investigations. The City may, however, retain written reprimands and disciplinary action notices after the minimum retention period required by law. Written reprimands and disciplinary action notices retained after the minimum retention period will be removed from the employee's personnel file and kept in the Human Resources Department. Such documents will not be used against employees for the purpose of progressive discipline, but may be used by the City in arbitration, and administrative and civil proceedings, for the purpose of establishing consistency of disciplinary action, lack of discrimination, and compliance with law. 32.6 Where a performance evaluation contains direct references to disciplinary actions which have been removed, pursuant to Articles 32.4 and 32.5, such references shall be removed, at the same time intervals, from the evaluation upon request of the employee. The original evaluation shall be sealed and destroyed, after minimum retention periods required by OAR 166-200-0305 (4) and (5), and applicable law. 32.7 The City will, upon reasonable notice from the Association, provide designated Association representatives with access to files as necessary to assure compliance with Articles 32.5 and 32.6. ARTICLE 33— PROBATIONARY PERIOD 33.1 The initial probationary period for all bargaining unit employees shall be eighteen (18) full and consecutive months; however, qualified lateral employees will serve an initial probationary period of twelve (12) full and consecutive months. To qualify as a lateral employee, the bargaining unit employee must: a. Currently be employed in an equivalent position or hold the current certification for the position applied for; b. Currently possess any certifications required by the Oregon Department of Public Safety Standards and Training (DPSST) or certifications specific to their position, and are not required to attend the full police academy; c. Have completed a field training and evaluation program where required; d. Have three (3) or more years of experience in the positions applied for (excluding reserve time); and Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 38 EXHIBIT A e. Be in good standing with a State of Oregon Law Enforcement Agency, where applicable. 33.2 Police Officers and Communication Operators who are attending the DPSST Basic Academy must meet all DPSST requirements by the graduation date. Failure to do so will result in separation from City employment. Any exception must be by mutual agreement between the City and the Association. 33.3 Probationary periods for promotional opportunities shall be as follows: a. For Community Service Officers who promote to the position of Police Officer, the probationary period shall be eighteen (18) full and consecutive months. Community Service Officers who fail to successfully complete this probationary period will be automatically separated from employment with the City. b. For Communication Operators who promote to the position of Shift Lead, the probationary period shall be twelve (12) full and consecutive months. If the employee fails the promotional probationary period, the employee will be returned to their former position and will be placed on the same step and credited for time served as a Shift Lead for movement to the next step as a Communications Operator. c. Police Officers who are assigned to premium pay assignments as described in Article 15.7 will serve a probationary period of six (6) full and consecutive months. The City reserves the right to remove an employee from a premium pay assignment during their probationary period for any reason it determines is appropriate with discontinuation of premium pay without grievance. Non-bargaining unit employees may be returned to their former bargaining unit positions at the City's sole discretion, subject to the seniority rules set forth in Article 37.4. Any exception must be by mutual agreement between the City and the Association. 33.4 The probationary periods set forth above may be extended for six (6) months with approval from the Association. Additionally, except as otherwise prohibited by law, when a probationary employee is absent for one-hundred and twenty (120) or more hours due to absence for injury, illness or any other reason during their probationary period, the employee's probationary period may be extended by the length of the absence, at the discretion of the City. Extensions of an employee's probationary will not, however, affect their step increases. Step increases during probation, including extension of probation, are governed by Article 8.3 of the Agreement. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 39 EXHIBIT A ARTICLE 34—ASSIGNMENTS 34.1 When an oral board or other interview panel is utilized to select among otherwise qualified employees for an assignment the board or panel shall have at least one (1) member of the Association. ARTICLE 35— DISCIPLINARY ACTION 35.1 Except for employees falling under Article 33.3(a), employees who have completed an initial probationary period shall not be disciplined or discharged except for just cause. Discipline includes written reprimand, reduction in pay, suspension, demotion, and discharge. Disciplinary action may be appealed through the grievance procedure. The definition and application of just cause for sworn officers is subject to ORS 243.808, et. seq. An employee who is suspended without pay for less than four (4) work weeks shall continue to accrue holiday, vacation, sick leave (excluding sick leave incentive) and medical/dental/disability insurance benefits without proration or reduction. 35.2 The City shall furnish to the employee and the Association a statement of the disciplinary action taken and the reasons for such action. The City shall, upon request, provide access to all materials and information reviewed or relied upon in making the decision, to the Association. The City will further produce all materials and information identified by the Association as relevant. In the event production of all materials and information would be unduly burdensome or costly, the City will confer with the Association regarding the need for such materials and alternatives for complying with the request. It is understood that this obligation includes exculpatory materials and information. It is further understood that this obligation will not be applied to prohibit the City from introducing relevant materials and information subsequently discovered or obtained at any stage of the disciplinary process or disciplinary hearing. 35.3 Verbal reprimands are subject to the grievance procedure if they are used to support other disciplinary actions that are taken against an employee. In the event the City relies upon a verbal reprimand to support other disciplinary action, the time line for addressing the grievance shall begin when the employee is notified that the verbal reprimand is being used to support other disciplinary action taken against the employee. In the event such a grievance is filed, the Association may challenge the verbal reprimand as part of the grievance challenging the other disciplinary action. ARTICLE 36—GRIEVANCE PROCEDURE Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 40 EXHIBIT A 36.1 It is the intention of the parties to this Agreement that all disputes involving the interpretation, application or violation of this Agreement and all Memoranda of Understanding and Memoranda of Agreement clarifying or supplementing this Agreement be settled by their submission to the grievance procedure set forth below. The Association may act on the behalf of the employee as the grievant at any step. An employee still within their initial probation may not grieve any disciplinary action pursuant to Article 35, but may grieve disputes involving other violations of contract language. Step 1. Excepted as stated below, grievances shall commence at Step 1. After first attempting to resolve the grievance informally, the Association or any employee with notice to the Association may claim a breach of this Agreement, in writing,to the employee's immediate supervisor within fifteen (15) days from the occurrence of the alleged violation, or the employee's knowledge of the alleged violation. The notice shall include: a.) a statement of the grievance and relevant facts; b.) identification of the provision(s) of the Agreement violated; and c.) remedy sought. The supervisor shall respond to the grievance in writing within fifteen (15) days, with a copy to the Association. When the issue raised is whether a non-probationary employee had economic sanctions, including suspension, demotion, reduction in pay, or termination in violation of this Agreement, the requirement that the issue commence at Step 1 is waived. In such an event, the employee or the Association must submit a written grievance, which addresses (a) through (c) above, within fifteen (15) days of the employee's receipt of notice of economic sanctions, directly to the Police Chief under Step 2. Step 2. If the grievance is not resolved at Step 1, the grievance may be submitted to the Police Chief. The grievance must be submitted within fifteen (15) days of the supervisor's response or, in the event the grievance involves economic sanctions of a non-probationary employee, as specified above. The Chief will schedule a meeting to discuss the grievance with the employee and Association representatives. The Chief shall respond to the grievance, in writing, within fifteen (15) days of the meeting, with a copy to the Association. Step 3. If the grievance is not resolved at Step 2, the grievance may be submitted to the City Manager, or their designee. The grievance must be submitted within fifteen (15) days of the Police Chief's response. The City Manager, or their designated representative(s), shall meet with the employee and Association representative(s); and, shall respond to the grievance, in writing, within fifteen (15) days of the meeting, with a copy to the Association. Step 4. If the grievance is not resolved at Step 3, the Association may, within fifteen (15) days of receipt of the City Manager or their designee's written response, notify the City Manager, in writing, of its intent to arbitrate the grievance. The arbitrator shall be Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 41 EXHIBIT A selected by mutual agreement of the parties. If the parties cannot agree as to the arbitrator within seven (7) days, they shall be chosen in the following manner: a. For grievances not involving discipline of a sworn officer, a list of seven (7) arbitrators shall be requested from the Employment Relations Board (ERB), and the parties shall alternately strike one (1) name from the list until only one (1) is left. The one (1) remaining shall be the arbitrator. This provision shall not preclude the parties from voluntarily selecting a mutually agreeable arbitrator. For grievances involving discipline of a sworn officer, the Association agrees to request an arbitrator consistent with ORS 243.808 in accordance with the process established by the Employment Relations Board. b. The decision of the arbitrator shall be binding on both parties. c. The cost of the arbitrator shall be borne by the losing party. In the event there is no clear losing party, the arbitrator shall determine who pays their fees and may require the parties to share the cost of such fees equally. Each party shall be responsible for costs of presenting its own case to arbitration. d. The powers of the arbitrator shall be limited to the interpretation and application of the specific provisions of this Agreement and determining if it has been violated; and shall have no authority or jurisdiction to add to, amend, modify or revise the Agreement of the parties. For grievances involving discipline of a sworn officer, an arbitrator shall adhere to the statutory standards under ORS 243.808 et. seq. The Police Chief reserves the right to designate a member of the command staff to act on their behalf at any step of the grievance procedure. In the event the Association is notified of such a designation, all submissions and responses will be made to that individual. Any time limits specified in the grievance procedure may be waived by mutual written consent of the parties. Written consent may be confirmed through email exchanges. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. Failure by the City to submit a reply within the specified time will automatically move the matter to the next step in this procedure. A grievance may be terminated at any time upon receipt of a signed statement from the Association or the employee that the matter has been resolved. For the purposes of this article, "days" shall mean Monday through Friday during normal City business hours, excluding recognized holidays. ARTICLE 37—SENIORITY CLAUSE Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 42 EXHIBIT A 37.1 Seniority shall be defined as the length of an employee's continuous service within a classification, except for communications employees for whom seniority shall be defined as the length of service within the Communications Center. For the purposes of this Article, the classification of Police Officer shall include all time spent as a "sworn police officer" in the bargaining unit for the Department. 37.2 The City will provide the Association with a seniority list of members upon request. 37.3 Except as stated in Article 37.4 below, employees will continue to accrue seniority. Seniority will be broken and the employment relationship will be severed if any of the following events occur: a. Voluntary resignation or retirement; b. Discharge of a regular employee for just cause, discharge of a probationary employee at will, or separation of an employee pursuant to Article 33.2 or Article 33.3.a; c. Layoff due to failure to meet the essential functions or minimum qualifications of their position (per Article 17.1); d. Failure to notify the City of intent to return to work pursuant to a recall notice sent by Certified Mail- Return Receipt Requested, regular mail, or e-mail within five (5) business days of mailing; e. Failure to report for work immediately upon expiration of an authorized leave of absence or, in the case of an absence due to off or on-the-job injury or illness; f. Absence from work due to an on the job injury or on the job illness after three (3) years from date of original injury/diagnosis or otherwise in accordance with ORS 659A.043 and ORS 659A.046; g. Failure to return from military leave, in accordance with applicable law; or h. Failure to report for their next scheduled shift or available work upon receipt of notice of a limited or a full medical release to return to work. 37.4 Employees who are promoted to positions within the Department that are outside the bargaining unit, but are returned to bargaining unit positions by the City will return with the seniority they had accrued at the time of their promotion restored. The time an employee spends in a promoted position will not however, be applied toward their seniority. Instead, the employee's seniority date will be adjusted by an amount equal to the time they served in the non-bargaining unit position. ARTICLE 38-AMENDMENT AND CLOSURE CLAUSE Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 43 EXHIBIT A 38.1 This Agreement is subject to amendment, alteration or addition only by subsequent written agreement between, and executed by, the City and the Association. ARTICLE 39—SAVINGS CLAUSE 39.1 Should any portion of this Agreement or supplement be declared invalid by any court of competent jurisdiction, by ruling of the Employment Relations Board (ERB) or other administrative agency or be in violation of a statute, administrative regulation or constitutional amendment, then such portion or portions shall become null and void, and the balance of this Agreement will remain in effect. Both parties agree to renegotiate any part of this Agreement in violation in accordance with ORS 243.698. The parties further reserve the right to challenge whether the portion of the Agreement in question violates a ruling, administrative regulation or law. ARTICLE 40—TORT LIABILITY 40.1 The City shall indemnify and defend employees in the bargaining unit against any tort claim arising out of an alleged act or omission occurring in the performance of duty as required by ORS 30.285 and 30.287 (1977 replacement part). 40.2 Legal Defense Plan: The City will contribute towards the PORAC Legal Defense Plan that provides each employee with an attorney as a direct result of criminal charges or a criminal investigation arising out of the employee's performance of their duties as an employee. a. The City will contribute the current contribution for Plan II coverage not to exceed $9.00 per month for each employee, paid by quarterly reimbursement of invoice provided by the Association for the "PORAC" Plan. b. The Association will provide a complete legal defense plan description to the City and written notice to the City of any changes to the plan description. Substantive changes in plan benefits may be subject to notice and bargaining under ORS 243.698. c. The City recognizes that it is not entitled to the work product of the attorneys involved in this program. The City recognizes there exists an attorney client privilege between the attorney and member. ARTICLE 41—TERM OF AGREEMENT Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 44 EXHIBIT A 41.1 This Agreement shall be effective upon ratification by the bargaining unit and approval by City Council, and shall remain in full force and effect through June 30, 2028 or during the period of negotiations for a successor agreement, whichever is later. 41.2 This Agreement shall automatically reopen for successor negotiations on February 1, 2028. IN WITNESS THEREOF, said parties to this agreement have set their hands and seals this day of February, 2026. CITY OF LAKE OSWEGO LAKE OSWEGO POLICE OFFICERS' ASSOCIATION By By Martha Bennett Bryan Sheldon City Manager President By Drew Boggs Vice-President Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 45 EXHIBIT A APPENDIX A LAKE OSWEGO POLICE OFFICERS' ASSOCIATION AS OF JULY 1, 2025 CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Communications Operator $27.57 $28.27 Trainee Communications Operator$33.98 $35.67 $37.33 $38.97 $40.59 $42.62 Shift Lead Communications $37.95 $39.87 $41.87 $43.96 $46.16 $48.47 Operator Community Service Officer $31.96 $33.41 $34.98 $36.58 $38.15 $39.66 Evidence Technician $31.96 $33.41 $34.98 $36.58 $38.15 $39.66 Behavioral Health Case $31.96 $33.41 $34.98 $36.58 $38.15 $39.66 Manager Police Officer $37.95 $39.87 $41.87 $43.96 $46.16 $48.47 Behavioral Health Specialist $37.95 $39.87 $41.87 $43.96 $46.16 $48.47 Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 46 EXHIBIT A APPENDIX B- EMPLOYEES' BILL OF RIGHTS This Appendix is hereby incorporated into the terms of the Agreement between the City of Lake Oswego and the Lake Oswego Police Officers' Association. Employees within the bargaining unit are entitled to the protection of what shall hereafter be termed as the Employees' Bill of Rights." This Bill of Rights, however, does not apply to criminal investigations. Except in instances where waived (see below), if an employee is subject to a disciplinary investigation which could lead to disciplinary action, the following guidelines should be followed: 1. An employee who is the subject of a complaint that the City reasonably believes may result in discipline shall be informed in writing: that they are the subject of an investigation, the nature of the investigation and a summary of the relevant information, not less than twenty-four (24) hours before their investigatory interview (or twenty-four (24) hours before a written report is required.) An employee who is involved as a witness to a complaint shall be informed that they are a witness in an investigation and the nature of the investigation. Under no circumstances shall the City direct a witness in a complaint investigation not to speak with an Association representative or Association attorney after that witness has been interviewed by the City. However, where the Association representative is the person being investigated or a material witness in the investigation, the City may request the Association to designate an alternative Association representative to serve in this capacity. Under no circumstances shall the City direct an employee who is a subject in a complaint investigation not to speak with an Association representative or Association attorney in conjunction with a complaint investigation. Employees subjected to other disciplinary investigations shall be informed of the subject of the investigation at the time the interview commences. In the event an employee who is the subject of a disciplinary investigation requests the presence of an Association representative, the interview shall be delayed until an Association representative is present. However,the employee's right to an Association representative shall not unduly delay the interview. 2. Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 47 EXHIBIT A 3. The interview shall take place at the Lake Oswego Police Station facility, except when impractical. An employee who is the subject of an investigation shall be afforded an opportunity and private space to contact and consult privately with an Association representative and/or Association attorney upon the employee's request before being interviewed. The Association representative and/or Association attorney may be present during the interview and may participate to the extent allowed by law. 4. The questioning shall not be overly long, and the employee shall be entitled to such reasonable intermissions as they shall request for personal necessities, meals, telephone calls and rest periods. 5. Personnel investigations shall be completed in accordance with the time lines and exceptions set forth in ORS 236.360 (6) (a) and (b). 6. It shall be unlawful for any person, firm, corporation of the State of Oregon, its political subdivisions or municipal corporations, to require any employee covered by this agreement to take or be subjected to any polygraph or lie- detector examination as a condition of continued or continuous employment, unless the employee freely requests that he be given a polygraph or lie-detector examination. 7. The employee shall not be subjected to any offensive language, nor shall they be threatened with dismissal, transfer, or other disciplinary punishment as a guide to attempt to obtain their resignation; nor shall they be intimidated in any other manner. No promises or rewards shall be made as in inducement to answer questions. 8. The personal life of an employee shall not be a concern of the City, so long as it does not adversely affect their performance as an employee of the City unless contrary to policy or applicable law. 9. Use of Force Situations: When an employee is involved in the use of deadly force, the employee shall give a brief public safety statement to the responding supervisor or any other person designated by the Department to help identify any potential witnesses and the scope of the scene. A public safety statement form shall be completed. The format of the public safety statement form shall be approved by the City and the Association. Employees involved in the use of deadly force shall be advised of their rights to, and allowed to consult with an Association representative or Association appointed attorney prior to being required to give an oral or written statement about the use of force. Such right to consult with an Association representative Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 48 EXHIBIT A and/or Association appointed attorney shall not unduly delay the giving of the statement or preclude the obtaining information deemed necessary to preserve evidence, protect lives and/or apprehend suspects. 10. Counseling: All employees must meet with a professional counselor approved by the parties following a traumatic incident or an incident involving the use of deadly force before they are allowed to return to the assignment of duties which could place them in a position that could require the use of deadly force. Employees who are assigned to other duties or excused from duty during this period will not suffer a reduction in pay or benefits, including paid leave banks. The City reserves the right to determine what constitutes a traumatic incident and what constitutes a reasonable cost. All such sessions shall be covered by the doctor/patient privilege and information disclosed in these session(s) shall be confidential and not be attainable or useable by the City. The City may, however, require employees to submit written verification of attendance at such counseling sessions. Any cost of professional-counseling sessions not paid through workers compensation or the City's health insurance program will be paid by the City. It is understood and agreed that this provision does not negate the City's right to require an employee to submit to a fitness-for-duty examination by a professional counselor of the City's choosing as a condition of return to work following a trauma incident or incident involving the use of deadly force. However, fitness for duty tests required by the City or requested by an officer cannot be substituted for the counseling sessions required under this section. In the event the City requests a fitness for duty examination, the City will direct the health care professional to report only that the employee is fit, unfit or fit for restricted duty. In the event of a fit for restricted duty reported is received, the City may confirm the restrictions. If the employee challenges the health care professional's determination, the City shall be entitled to a complete report. 11. Written Record of Complaint: It is agreed that no member of the bargaining unit will be required to write a report to the City on any complaint against them (by persons in or outside of the Police Department) unless the complaint is signed and dated in written form by either the complainant or the officer taking the complaint. Prior to any written report being required of any employee, they will be furnished with a copy of the signed complaint. In those instances where the City believes that the outcome of the complaint would be a written reprimand and that there are no material facts in dispute, the City will notify the subject employee and the Association of the option of stipulating to a written reprimand. The City may meet the employee and Association representative in an informal fact gathering Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 49 EXHIBIT A setting which will not trigger the requirements above. If the employee does not agree to a stipulated written reprimand, the City may proceed with its formal investigation under this Appendix B and Article 35. The employee and Association agree that a stipulated written reprimand is not subject to grievance. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 50 EXHIBIT A APPENDIX C- DRUG AND ALCOHOL POLICY This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and the Lake Oswego Police Officers' Association. The City of Lake Oswego and the Lake Oswego Police Officers Association recognize a responsibility to the citizens of Lake Oswego to maintain a safe and productive working environment. Consistent with this commitment, the City and the Association have agreed to this Drug and Alcohol Policy. PURPOSE: It is the mission of the Lake Oswego Police Department to enhance public safety through the use of a reasonable employee drug testing program and the enforcement of rules prohibiting the consumption of alcohol or use of drugs which interferes with this mission. To ensure the integrity of the City's law enforcement system and preserve public trust and confidence in an alcohol/drug free service, the City has adopted the following rules and procedures: PROHIBITED CONDUCT: The following conduct is strictly prohibited: 1. Buying, selling, consuming, distributing or possessing unlawful drugs or alcohol during working hours, including rest and meal periods, except as necessary in the performance of duties (confiscated evidence, approved undercover operations, etc.) 2. Reporting for work or returning to duty under the influence of alcohol or drugs, except as necessary in the performance of an official special assignment or if directed otherwise. Personnel who consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance. For the purpose of this Policy, an employee is considered to be "under the influence" of drugs, if the employee tests positive according to the thresholds set forth in Attachment A and the Mandatory Guidelines for Federal Workplace Drug Testing Programs for having such substances present in their body. An employee will be considered to be "under the influence of alcohol" if their blood or breath tests .02% BAC or higher. To ensure compliance with this Policy and safety standards, employees who have consumed alcoholic beverages within four (4) hours of responding to the Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 51 EXHIBIT A callback or, for any reason, believe they are impaired by alcohol are required to notify the supervisor upon being contacted for callback. 3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol or drug-related criminal offense to the Police Chief or their designee, irrespective of the jurisdiction where such action was taken. 4. Failing to comply with City directives regarding enforcement of this Policy, including but not limited to refusing to promptly submit to required testing; giving false, diluted or altered samples; obstructing the testing process; failing to comply with rehabilitation conditions imposed by the City or rehabilitation counselors pursuant to this Policy. 5. Failure to disclose use of over-the-counter or prescribed medication containing controlled substance, as required, below. For the purpose of this Policy, "drugs" include, but is not limited to the following controlled substances as outlined in Attachment A: opiates, synthetic opioids, cocaine, marijuana (THC), phencyclidine (PCP), amphetamines/ methamphetamines and barbiturates. However, "drugs" does not include prescription and over-the-counter medications that are lawfully prescribed and used in a manner consistent with a physician's instructions and/or medication warnings. Reference to "drugs" shall also include any other drugs and controlled substances subsequently listed by the US Department of Transportation, Rule 49 CFR Part 40 Section 40.85. Employees who engage in any prohibited conduct will be subject to discipline, including discharge. MARIJUANA In addition to the above, employees must comply at all times with all federal and state statutes and regulations regarding the illegal use of drugs. It is important to note that marijuana is an illegal drug under the federal Controlled Substances Act, which means that it has no acceptable medical or recreational use under federal law. Therefore, any on or off duty use of marijuana which is inconsistent with the "prohibited conduct" listed above will be considered a violation of this policy, even if an employee has a prescription for the use of marijuana under the Oregon Medical Marijuana Act or is using marijuana in compliance with state law. However, employees who are using marijuana in compliance with a medical marijuana card will not automatically be subject to termination of employment. Instead, such employees are required to disclose any use which would constitute "prohibited conduct." If the City determines that the employee using medical marijuana is disabled under applicable disability discrimination statutes, the employee will be asked to enter into an interactive discussion with designated representative(s) to determine whether a reasonable accommodation can be made that would allow the employee to continue to be employed without violating standards. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 52 EXHIBIT A DISCLOSURE OF MEDICATIONS: Employees are responsible for consulting with their physicians and carefully reviewing medication warnings, including any warnings pertinent to the effects of use of a combination of medications. Employees who are using over-the-counter or prescribed medications under circumstances where the employee knows or should know that use of the medication will produce side effects that will affect their ability to safely perform all essential job duties must notify the Human Resources Director of the substance taken and its side effects before reporting for work. Medical verification of ability to safely perform job duties may be required before the employee is allowed to continue their job assignment. Employees are eligible to utilize sick leave benefits pending receipt of acceptable verification. Although the use of prescribed and over-the-counter medication as part of a medical treatment program is not grounds for disciplinary action, failure to fully disclose the use of substances which could reasonably impair the safe performance of essential job duties, illegally obtaining the substance or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary action. EMPLOYEE TESTING: Employees will be required to undergo drug and/or alcohol testing as a condition of continued employment in order to ascertain prohibited drug use, as provided below: 1. Reasonable Suspicion A supervisor or manager may order an employee to immediately submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the City has reasonable suspicion to believe that the employee has violated the provisions of this Policy concerning reporting to work or being at work "under the influence" of drugs or alcohol. "Reasonable suspicion" shall be defined as suspicion based on articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that would cause a reasonable person to believe that an employee has consumed drugs and/or alcohol in violation of this Policy. 2. Rehabilitation Treatment Where testing is required pursuant to a Rehabilitation and Return to Work Agreement imposed by the City or an employee's rehabilitation counselors, individualized suspicion-less testing may be required as outlined in that Agreement. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 53 EXHIBIT A Urinalysis testing will be conducted for all types of drug testing. Breathalyzer testing will be conducted for all types of alcohol testing. TESTING PROCEDURES: The testing will be conducted at a laboratory certified by the federal DOT and shall be conducted in accordance with the standards for procedural safeguards and testing integrity disseminated by the NIDA. All drug tests will be conducted through collection of a split sample. All positive drug tests will be confirmed by a second cross confirmatory test from the same sample using GCMS testing methodology and reviewed by a Medical Review Officer before the test result is reported as positive. The City shall pay for such testing. The other sample shall remain at the facility in frozen storage for a minimum of ninety (90) days from the date the test was conducted. This sample shall be made available to the employee or their attorney, should the original sample result in a legal dispute or the chain of custody be broken. Whenever there is a reasonable suspicion to believe that the employee may have altered or substituted the specimen to be provided or the initial test was not determinative, a second specimen may be obtained immediately, using testing procedures deemed appropriate by the testing laboratory personnel. If the confirmatory test is positive for the presence of a controlled substance, the employee will have the option of submitting the split untested sample to a qualified and certified laboratory of the employee's own choosing. The employee will pay for these types of tests. All records pertaining to City required drug and alcohol tests, as well as compliance with rehabilitation terms shall remain confidential, and shall not be released, except on a need to know basis, in accordance with applicable law. All documents pertaining to testing and test results will be maintained in employee medical, not personnel, files. CONSEQUENCES OF VIOLATIONS: 1. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK ASSISTANCE BEFORE COMMITTING A POLICY VIOLATION — REHABILITATION. The City encourages employees who have drug and/or alcohol dependencies or think they may have such dependencies to seek assistance voluntarily. When an employee voluntarily reports a drug or alcohol dependency to their supervisor or the Police Chief and seeks assistance before violating this Policy, that employee will be placed on a leave of absence or adjusted working hours to allow for in- patient or out-patient rehabilitation treatment as recommended by a Substance Abuse Professional (SAP). Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 54 EXHIBIT A The employee will not be permitted to work until such time as a Substance Abuse Professional agrees they: a. Has been evaluated by a Substance Abuse Professional (SAP); and b. If recommended by the SAP, is complying with all-rehabilitation/after- care prescribed; and c. Has a verified negative drug or alcohol test (as applicable). In order to return to work for the City, an employee seeking assistance must agree to all treatment, rehabilitation, after-care and follow-up testing as set forth in a written Rehabilitation and Return to Work Agreement required by the City. Such agreements will be effective for no longer than five (5) years from the date signed. Any employee who violates the terms of the Agreement is subject to immediate termination. During the time an employee is off work undergoing rehabilitation they may draw their unused, accumulated sick leave, vacation pay, holiday pay or compensatory time. Also, employees who are receiving health insurance coverage will be eligible for continuation of health insurance benefits through the end of the month in which their paid leave is depleted or for the period required under FMLA and/or OFLA, whichever is greater. It is understood and agreed that nothing in this Policy prohibits the City from disciplining or discharging an employee for engaging in illegal conduct, irrespective of when that conduct is discovered. b. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK TREATMENT AFTER COMMITTING A POLICY VIOLATION. Employees who notify their supervisor, the Police Chief or the Human Resources Director of drug or alcohol dependencies after violating this Policy are subject to discharge, irrespective of such dependencies. The City may however, at its discretion, allow an employee to undergo evaluation and rehabilitation in lieu of discipline and discharge, provided the employee promptly complies with the terms and conditions set forth in Consequences of Violations, Section 1 above. The City will consider the following factors in exercising its discretion: the employee's length of service; the employee's work record, in particular, whether the employee has committed a previous alcohol or drug policy infraction; the consequences of the violation; any other circumstances offered by the employee that mitigate against discharge. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 55 EXHIBIT A IT IS UNDERSTOOD AND AGREED THAT THE REFERENCES TO DISCIPLINE AND DISCHARGE SET FORTH IN THIS POLICY AND THE REHABILITATION AND RETURN TO WORK AGREEMENT ARE NOT INTENDED TO SUPERSEDE "JUST CAUSE" OBLIGATIONS. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 56 EXHIBIT A ATTACHMENT A DRUG TESTING LEVELS The following initial and confirmatory cutoff levels shall be used when screening specimens to determine whether they are negative for the drugs or classes of drugs required for testing: Cutoff Concentrations for Drug Tests Initial test analyte Initial test cutoff[ Confirmatory test analyte Confirmatory test cutoff concentration Marijuana metabolites(THCA)3 50 ng/mL3 THCA 15 ng/mL. Cocaine metabolite(Benzoylecgonine) 150 ng/mL3 Benzoylecgonine 100 ng/mL. Codeine/ 2000 ng/mL Codeine 2000 ng/m L. Morphine Morphine 2000 ng/m L. Hydrocodone/ 300 ng/mL Hydrocodone 100 ng/nrL. Hydromorphone Hydrornorphone 100 ng/nrL. Oxycodone/ 100 ng/mL Oxycodone 100 ng/mL. Osymorphone Osymorphone 100 ng/nrL. 6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL. Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL. Amphetamine/ 500 ng/mL Amphetamine 250 ng/mL. Methamphetamine Methamphetamine 250 ng/mL. MDMA°/MDA5 500 ng/mL MDMA 250 ng/mL. MDA 250 ng/mL 1For grouped analytes(i.e.,two or more analytes that are in the same drug class and have the same initial test cutoff): Immunoassay:The test must be calibrated with one analyte from the group identified as the target analyte.The cross-reactivity of the immunoassay to the other a nalyte(s)within the group must be 80 percent or greater;if not,separate immunoassays must be used for the analytes within the group. Alternate technology,:Either one analyte or all analytes from the group must be used for calibration,depending on the technology.At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or,alternatively,the sum of the a nalytes present (i.e.,equal to or greater than the laboratory's validated limit of quantification)must be equal to or greater than the initial test cutoff. 5An immunoassay must be calibrated with the target analyte. 3Alternate technology_(THCA and Benzoylecgonine):When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine,the laboratory must use the same cutoff for the initial and confirmatory tests(i.e.,15 ng/mL for THCA and 100ng/mL for Benzoylecgonine). °Methylenedioxymethamphetamine(MDMA). 5Methylenedioxyamphetamine(MDA). (b)On an initial drug test,you must report a result below the cutoff concentration as negative.If the result is at or above the cutoff concentration,you must conduct a confirmation test. (c)On a confirmation drug test,you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive. (d)You must report quantitative values for morphine or codeine at 15,000 ng/mL or above. [65 FR 79526,Dec.19,2000,as amended at 75 FR 49862,Aug.16,2010;77 FR 26473,May 4,2012;82 FR 52244,Nov.13,2017.Redesignated and amended at 88 FR 27643,May 2,20231 Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 57 EXHIBIT A These drug testing levels are intended to be consistent with DOT standards. In the event the DOT testing substances and/or testing cutoff levels change, the above list shall be automatically adjusted to be consistent with DOT standards. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 58 EXHIBIT A APPENDIX D- HONOR GUARD Honor Guard members will be selected for special details on an "as needed" basis and not necessarily by seniority, at the discretion of the Honor Guard Commander. In the event that a member of the LOPD Honor Guard Team volunteers and is selected to participate in a special event that is outside of their normal duty shift, but on a regular workday, that member may elect to waive the minimum seventy-two (72) hour shift change notice. That member's immediate supervisor must also approve any shift adjustments for such an event with consideration of minimum staffing requirements. In the event that a member of the LOPD Honor Guard Team volunteers to and is selected to participate in a special event that takes place on a regularly scheduled day off, the member will have the option of requesting overtime compensation, compensatory time, or adjusting (trading) hours worked at the event towards a regular duty shift. The date of the special event and the date with which duty time is traded must fall within the same pay period. The member must agree to this shift adjustment and waive their right to minimum callback overtime compensation. That member's immediate supervisor must also approve any shift adjustments for such an event with consideration of minimum staffing requirements. The City will be permitted to exercise discretion when selecting which regular duty hours may be traded based on minimum staffing requirements;and the needs of the Department. Hours worked at the special event must be traded with regular duty time hours at the straight time rate (hour for hour). In the event that no reasonable shift adjustment or trade can be agreed upon between the Honor Guard member and the City as a result of minimum staffing requirements or other needs of the Department, then that member will be provided with overtime compensation, compensatory time, or they will not be allowed to participate in the special event. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 59 EXHIBIT A APPENDIX E - LOCOM MANDATORY OVERTIME PROCESS This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and the Lake Oswego Police Officers' Association. In accordance with Article 12 Overtime and Comp Time, the following guidelines shall be used to administer LOCOM's Mandatory Overtime list. PROCESS: 1. An employee who volunteers for a mandatory overtime shift that is known seventy-two (72) or more hours in advance, will not be required to work beyond the volunteered hours unless they are next up on the mandatory list or under exigent circumstances. 2. An employee who has taken partial time off can only be mandated to work what a typical "extension" for that shift would be. 3. Two or more employees working overtime shifts with the same start time will be moved to the bottom of the mandatory list based on seniority; least senior first, most senior last. 4. Last minute mandatory overtime (less than 72 hours): a. The mandatory list will not be shuffled for last minute overtime needs. b. Employee at the top of the mandatory list, will be mandated, even if they already signed up for that day, as long as it can be extended. c. An employee will be moved to the bottom of the list but will still be responsible for time they have already been mandated or signed up for. 5. Vacation/Unavailable times impacting mandatory overtime hours worked: a. Start times between 0300-1500 are unavailable from 0000-0000 b. Start times between 1500-0300 are unavailable from 1200-1200 Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 60 EXHIBIT A APPENDIX F-OFFICER MANDATORY OVERTIME PROCESS This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and the Lake Oswego Police Officers' Association. In accordance with Article 12 Overtime and Comp Time, the following guidelines shall be used to administer the Officer Mandatory Overtime list. PROCESS: 1. If an officer volunteers to work an overtime shift that would have otherwise been assigned as mandatory overtime, that shift is treated as a mandatory assignment and the employee shall be rotated on or moved within the mandatory overtime list as a result. 2. For officers, if no one volunteers for a mandatory overtime shift, it will be assigned using the rotating mandatory list, starting at the top. When assigning, priority will be given to the officers on the list who are already working or are scheduled to work an adjacent shift. For example, the least senior officer on day shift will be the first to be mandated to cover overtime on swing shift; the least senior person on swing shift will be the first to be mandated to cover graveyard; and so on. 3. Once an officer is assigned a mandatory overtime shift, they will be moved to the bottom of their respective rotating list. The next eligible officer on the list for that specific shift is then subject to being mandated in the event of another vacancy, as described above. If the mandated officer fails to report to their mandated shift, they will be moved to the top of the mandatory list at that point. 4. Officers will not be mandated if they are on pre-approved leave. It is understood that due to schedules, availability and operational needs, officers may be mandated despite their name not being at the top of the list. In such cases, they would still be moved to the bottom of their respective list once the qualifying mandatory shift is worked. Lake Oswego Police Officers' Association Collective Bargaining Agreement Expires June 30, 2028 61