HomeMy WebLinkAboutCCMPacket2017-02-21ROLL CALL
INVOCATION
CITY COMMISSION MEETING
AGENDA FOR FEBRUARY 21, 2017
5:30 ?.'NI.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
PLEDGE OF ALLEGIANCE – Reagan Davidson, PTHS Senior
ADDITIONS/DELETIONS
PUBLIC HEARING – Multi -family Housing Revenue Bonds – Allied Falconite, LLC, Allied
Community Services Corp.
L
MINUTES
II.
MOTION
A. R & F Documents
III.
ORDINANCE(S) –ADOPTION
A. Zone Change for Tri-State Construction Property– S. ERVIN
B. Final Annexation for Tri-State Construction Property – S. ERVIN
C. Agreement for Concrete Ready-Nlix for 2017-2018 – R. MURPHY
D. Pavement Marking Contract 2017-2018 – R. MURPHY
E. Contract for 2017-2018 Equipment Rental – R. MURPHY
IV.
ORDINANCES -INTRODUCTION
i–
A. Approve Agreement with Paducah Police Department Bargaining Unit
M. RUSSELL & POLICE CHIEF BARNHILL
B. Approve Agreement with the Professional Fire Fighters of Paducah,
Local 168 – M. RUSSELL & FIRE CHIEF KYLE
C. Approve Audit Contract for FY2017 – FY2020 – J. PERKINS
D. Accept Bid & Approve Contract for the Noble Park Lake Bank
Stabilization Project Phase II – N1. THONIPSON & R. MURPHY
E. Amend Taxicab Ordinance – POLICE CHIEF BARNHILL
F. Amend Upper Story Residential Grant Program Ordinance – S.
ERVIN _ -- -- —
i
V.
CITY MANAGER REPORT
VI.
MAYOR & COMMISSIONER COMMENTS
VII.
PUBLIC COMMENTS
VIII.
EXECUTIVE SESSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Paducah; Kentucky (the "Facility Jurisdiction")
through its Paducah Board of Commissioners and the Public Finance Authority ("Issuer") Neill
hold a public hearing at 5:30 p.m., local time, on February 21, 2017, in the Commission
Chambers of City Hall, 300 South 5th Street, Paducah, Kentucky 42003, regarding a proposal by
A] lied Falconite, LLC or its successors or assigns (the `Borrower") whose sole member is Allied
Community Services Corporation, a California nonprofit corporation, to the Issuer for the Issuer
to issue its Multifamily Housing Revenue Bonds (the "Bonds'') in the combined aggregate
principal amount not to exceed $35,000,000. A portion of the proceeds of the Bonds will be
loaned to the Borrower for the purpose of (i) financing the acquisition, rehabilitation and
equipping of 14 residential rental housing facilities containing approximately 570 apartment
units for persons of low and moderate income located at: 2741 Trimble Street, 211 Colony
Drive, 2801 Jefferson Street, 3528 Olivet Church Road, 100 Ora Lane, 1301 North 13'h Street,
3425 Roell Circle, 2801 Jefferson Street and 3501 Buckner Lane, each in Paducah; Kentucky
42001, 207 Jason Drive, 333 Lakeview Drive and 610 Caldwell Street, each in Paducah;
Kentucky 42003 (collectively, the "Facility"), and (ii) financing the costs of issuance incurred in
connection with the Bonds.
The Bonds are expected to be issued pursuant to Section 66.0304 of the Wisconsin
Statutes, as amended; and the proceeds from the sale of the Bonds will be loaned to the Borrower
and used to finance the acquisition, rehabilitation and equipping of the Facility.
The initial owner, operator or manager of the Facility is expected to be the Borrower,
THE BONDS SHALL NOT REPRESENT OR CONSTITUTE A DEBT OR PLEDGE OF
FAITH AND CREDIT OR ANY TAXING POWER OF THE FACILITY JURISDICTION,
THE AUTHORITY, THE COMMONWEALTH OF KENTUCKY, THE STATE OF
WISCONSIN OR ANY POLITICAL SUBDIVISION OF THE COMMONWEALTH OF
KENTUCKY OR THE STATE OF WISCONSIN.
The public hearing is being held pursuant to Section 147(0 of the Internal Revenue Code
of 1986, as amended. The public is invited to comment on an)- of the matters herein noted, and
all taxpayers, residents or interested parties who appear will be given a reasonable opportunity to
express their views, both orally and in writing, on the proposed plan of financing for the Facility
and other matters relating to the Bonds. Written comments may also be submitted to the Issuer
and the Facility Jurisdiction through the Paducah Board of Commissioners by delivering such
comments clearly marked "Re: Paducah Portfolio Project" to Steve Ervin at 300 South 5th
Street_, Paducah, Kentucky 42003. Written submissions should be mailed in sufficient time to be
received on or before noon on the hearing date.
Notice dated February _, 2017.
10810323 LDIACR
Falconite Portfolio (Paducah, KY)
The Participants
The Borrowers are (i) Allied Falconite LLC and (ii) Whittier Partnership LLC, each a Kentucky
limited liability company. The Sole Afember of each Borrower is Allied Community Services
Corporation, a California nonprofit corporation. The Seller is Falconite Real Estate Holdings,
LLC, a Kentucky limited liability company. The members of the Seller are Michael Falconite
and Nicole Roof.
The Projects
The Projects are located throughout Paducah, Kentucky consisting of a total of over 600
units and are comprised of the facilities listed below. The Borrowers will make necessary
maintenance repairs to the Projects, which repairs will consist of items identified by a third party
physical/capital needs assessment. Upon completion, at least 40% of the units in each Project
will be occupied by families or individuals whose adjusted income does not exceed 60%
(adjusted for family size) of the median gross income in McCracken County. Further, 75% of the
units in each Project will be rented to persons whose income does not exceed 80% (adjusted for
family size) of the area median gross income in McCracken Count}
(1) Cardinal Point Apartments
2741 Trimble Street,
Paducah, Kentucky 42001;
(2) Colony Drive Apartments
211 Colony Drive
Paducah, Kentucky 42001;
(3) Fairlawn Apartments
2913 Jefferson Street
Paducah, Kentucky 42001;
(4) Glenn Street Apartments
119-231 Glenn Street and
201-215 Jason Circle
Paducah, Kentucky 42003;
(5) Jordan's Crossing Town -homes
3528 Olivet Church Road
Paducah, Kentucky 42001,
(6) Lakeview Apartments
333 Lakeview Drive
Paducah, Kentucky 42001;
(8) Ora Lane Apartments
100 Ora Lane
Paducah, Kentucky 42001;
(9) Southgate Manor
610 Caldwell Street
Paducah, Kentucky 42001;
{ 11) Whittier Apartments
1301 North 13th Street
Paducah, Kentucky 42001;
(12) Wiliov Oaks Apartments
3425 Roell Circle
Paducah, Kentucky 42001;
(13) Black Oaks Townhomes
2801 Jefferson Street
Paducah, Kentucky 42001; and
(14) Hillcrest Apartments
3501 Buckner Lane
Paducah, Kentucky 42001.
FEBRUARY 21, 2017
I move that the following documents and bids be received and filed:
DOCUMENTS
1. Certificates of Liability insurance
a. Premier Fire Protection; Inc.
b. D & D Construction of Paducah
2. Lease Agreement with Paducah Chiefs, Inc. for Brooks Stadium (MO 9 1948)
BIDS FOR ENGINEERING PUBLIC WORKS
Noble Park Lake Bank Stabilization Project — Phase II
1. Youngblood Excavating Contracting, LLC
2. NIP Lawson Construction, Inc.
*Denotes Recommended Bid
Agenda Action Form
Paducah City Commission
Meeting Date: February 14, 2017
Short Title: Annex Tri-State Construction Property
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin; Joshua P. Sommer
Presentation By: Stephen Ervin
Background Information:
The intent of this agenda item is to annex 2901 & 2905 Lone Oak Road, 2825 Maryland Street
and adjacent Lone Oak Road Right -of -Way into the City of Paducah. A new retail building is
proposed to be constructed at this location. Mr. Billy Brooks with Tri-State Construction
requested annexation into the City via letter dated November 17, 2016. The City Commission
adopted Ordinance 42017-1-8466; which expressed the City's intent to annex this property, on
Januaiy 24, 2017. This ordinance will officially annex 2901 & 2905 Lone Oak Road, 2825
Maryland Street and adjacent Lone Oak Road Right -of -Way into the City of Paducah.
Funds Available:
Motion;
Attachments:
Account Name: N/A
Account Number: N/A
Finance
7
M
Piy Department Head
City Clerk
City/Manager
M
Agenda Action Form
Paducah City Commission
Meeting Date: February 14, 2017
Short Title: Tri-State Construction Company Zone Change
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin, Joshua P. Sommer
Presentation By: Stephen Ervin
Background Information;
Market) is zoned HBD. Therefore, this
District.
Site Data:
Key Components:
The applicant, Tri-State Construction Company,
is requesting a zone change for 2901 & 2905
Lone Oak Road and 2825 Maryland Street from
R-1 (Low Density Residential Zone) to HBD
(Highway Business District). An intent to
annex ordinance was adopted by the City
Commission on January 24, 2017. This zone
change request vas initiated because the
property owners petitioned the City of Paducah
for annexation. When property is annexed into
the City, it receives an automatic R-1 Low
Density Residential designation, pursuant to
Section 126-32 of the Paducah Zoning
Ordinance,
A new retail strip center is proposed for this site.
Retail and restaurant uses are principally
permitted in the HBD, pursuant to Section 126-
115 (1) of the Paducah Zoning Ordinance, The
property to the north of these parcels (Banks
would be a continuation of the Highway Business
Area: 1,922 acres
Public Utilities: Adequate water and sewer service available.
Public Services: Sanitation, police and fire service available,
Physical Characteristics: Each of the three lots contains one vaca:it building, which will be
demolished.
Development Plan:
A 13,550 square foot retail strip center is proposed. Staff has reviewed the plan and relayed to
the Engineer that:
• The two parking spaces off Maryland Street will need to be removed because
vehicles parked there will back into the Right-of-Wayof Maryland Street.
• All points of ingress/egress to either remain open or be closed should be better
defined on the final site plan.
• Eight trees will be required.
These comments will not impede the submittal of a final site plan.
Land Use Patterns:
This section of Lone Oak Road has an established urban fabric. Banks Market is located north of
this site across Maryland Street, Owen's Cleaners, Cape Electrical Supply, Southfork Lighting
and O'Reilly Auto Parts are located on the east side of Lone Oak Road. A medical weight loss
clinic is located south of this site,
Adjacent Properties:
North: Maryland Street and Banks Market.
East: Lone Oak Road and various businesses.
South: Medical weight loss clinic,
West: Portable building sales and two single-family homes.
Zoning:
HBD Highway Business District to the north. McCracken County Conunercial `'C" to the east.
south and west. The parcels are proposed to be rezoned to HBD as follows:
Sec. 126-116. Highway Business District, HBD.
The intent of this district is to provide appropriate space and sufficient depth from the street to
satisfy the needs of modern commercial development where access is entirely dependent on
motor vehicle trade, and to encourage the development of these locations with such uses and in
such a manner as to minimize traffic hazards and interference with other uses,
(1) Permitted uses.
a. Any use permitted in the B-3 Zone
b. Automobile service and repair establishments, including gasoline service
stations, repair garages and automatic car -washing establishments;
c. Hotels and motels;
d. Recreational uses such as amusement paries, bo xiing alleys and roller-skating;
archery ranges; miniature golf, golf -driving ranges and other similar recreational
activities;
e. Souvenir shops, roadside stands and curio shops when incidental to another
permitted use;
f. Office buildings;
g. Retail establishments (product processing is allowed only if the products are sold
at retail on the premises);
h. Restaurants and eating establishments;
i. Commercial parking lots and parking garages.-
i.
arages;i. Theaters.
(2) Area regulations. The following requirements shall apply to all non-residential uses
permitted in this district. All residential uses shall comply with the requirements of the
R-4 Zone:
a. Front yard. All buildings shall be set back from the street right-of-way line not
less than 50 feet, except where a parallel access road is provided with
construction requirements which meet the standards of the city street plan,
b. Side yard. The width of any side yard which abuts a residential district shall not
be less than 25 feet. In all other cases each side yard shall not be less than 12 feet.
C. Rear yard. Each lot shall have a rear yard of not less than ten feet, Where a
commercial building is serviced from the rear, there shall be a rear yard of not
less than 30 feet; the depth of a rear yard which abuts a residential district shall
not be less than 30 feet.
d. Lot width. Each lot shall have a width at the front building line of not less than
75 feet.
e. Lot area. There shall be a minimum lot area of not less than 10,000 square feet.
f. Height requirements. None.
g. Parking requirements. Same as section 126-71.
h. Highway access. All points of ingress and egress to major arterials shall be at
least 350 feet from the ramp pavement transition point of highway interchanges.
Findings required for map amendment:
KRS — 100.213 Before any map amendment is granted, the Planning Commission must find that
the map amendment is in agreement with the comprehensive plan, or in the absence of such a
finding, that one or more of the following apply and such findings shall be recorded in the
minutes and records of the Planning Commission and City Commission:
That the existing zoning classification given to the property is inappropriate and the proposed
zoning classification is appropriate; or
That there have been major changes of an economic, physical or social nature within the area
involved which were not anticipated in the comprehensive plan and which have substantially
altered the basic character of the area.
Staff Analysis — The area proposed to be re -zoned is in compliance with the Future Land Use
Map. The Future Land Use Map shows the area to be zoned "Commercial". A retail building is
principally permitted in the Highway Business District.
At the February 6, 2017 Planning Commission meeting, a recommendation to change the zoning
to Highway Business District (HBD) was forwarded to the City Commission.
Funds Available: Account Name; N/A
Account Number; N/A Finance
Motion:
Attachments:
Planning Commission Resolution
Zone Change Map/Development Plan
Department Head City Clerk ��ilan g
Agenda Action Form
Paducah City Commission
Meeting Date: February 14, 2017
Short Title: Agreement for Concrete Ready -Mix for 2017-2018
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Brandy, Topper -Curtiss, Street Superintendent
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On January 12, 2017, sealed bids were opened and read aloud for the City of Paducah's
purchase of Concrete Ready -Mix. This contract will be utilized to obtain Concrete Ready -
Mix required for various construction projects, street repair and miscellaneous projects within
the City of Paducah for the 2017 and 2018 calendar year. Two buds were received, with
Federal Materials submitting the lowest base bid for the Concrete Ready -Mix unit bid prices
as shown on the attached bid tab. The contract unit prices shall begin upon execution of the
contract and end December 31, 2018. The contract has the option for an additional one-year
renewal, ending December 31, 2019, upon the mutual agreement of both parties.
Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downto«ns
Funds Available: Account Name: Various Accounts
Account Number: Finance
Project Number:
Staff Recommendation:
To receive and file the bids submitted for the 2017-2018 Concrete Ready -Mix Contract and
adopt an Ordinance authorizing the Mayor to enter into an agreement with The Federal
Materials Co.. LLC, for the unit prices listed on the attached bid tab for the 2017 and 2018
calendar year ending December 31, 2018; and to authorize the Mayor, subsequent to the
recommendation of the City Engineer -Public Works Director, the option to execute a "One -
Year Renewal Agreement" extending the contract time period for the 2019 calendar year
ending December 31, 2019, upon the mutual agreement of both parties.
Attachments:
Advertisement, Bids, Bid Tab, proposed Contract
Depart , ent ea
City Clerk
City iManager
Agenda Action Form
Paducah City Commission
Meeting Date: February ld, 2017
Short Title: 2017-2018 Pavement Marking Contract
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Brandy Topper -Curtiss, EPW Street Superintendent
Presentation By: Rick N(urphy, P.E., City Engineer -Public Works Director
Background Information:
On January 12, 2017, sealed bids were opened and read aloud for the City of Paducah's 2017-
2018 Pavement Marking Contract, with Brehm Striping Company, Inc., submitting the only
bid. This program consists of the installation of required pavement marking on various City
streets for the remaining portion of the 2017 calendar year and the 2018 calendar year ending
December 31, 2018. The contract will have the option for a one-year extension, ending
December 31, 2019; if both parties agree.
Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored DoN\nto\ins
Funds Available: Account Name: 1�l� ,'c'l7
Account Number: Various Accounts Finance
Project Number:
Staff Recommendation:
To receive and file the received bid and adopt an Ordinance authorizing the Mayor to enter
into a contract with Brehm Striping Company, Inc., at the unit prices listed on the Bid
Proposal for the Pavement Marking Contract for the remainder of the 2017 calendar year and
the 2018 calendar year ending December 31, 2018; and to authorize the Mayor, subsequent to
the recommendation of the City Engineer -Public Works Director, the option to execute a
"One Year Renewal Agreement" extending the contract time period for the 2019 calendar
year ending December 31, 2019, upon the mutual agreement of both parties.
Attachments:
Bid, Bid Tab, Advertisement and proposed Contract
Depart ent ea
Cit Clerk ity'Manager
iii
Agenda Action Form
Paducah City Commission
Meeting Date: February 14, 2017
Short Title: Contract for 2017-2018 Equipment Rental
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Brandy Topper -Curtiss, Street Superintendent
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On January 12, 2017, sealed bids were received for the City ofPaducah 's 2017-2018
Equipment Rental Contract. Three bids were received; with Danny Cope & Sons submitting
the lowest evaluated bid for the hourly equipment rates including operator as shown on the
attached bid tab. The equipment rental hourly rates will begin upon execution of the contract
and end December 31, 2018. The contract has a one-year renclval option, ending December
31, 2019, upon the mutual agreement of both parties.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighbohoods ❑Restored Downtowns
Funds Available: Account Name: Various Accounts
Account Number: / Finance
Staff Recommendation:
To receive and file the attached bids for Equipment Rental and adopt an Ordinance
authorizing the Mayor to execute a Contract with Danny Cope& Sons for Equipment Rental
at the hourly rates listed on the attached bid tab for the 2017 and the 2018 calendar year; and
to authorize the Mayor, subsequent to the recommendation of the City Engineer -Public
Works Director, the option to execute a "One -Year Renewal Agreement" extending the
contract time period for the 2019 calendar year ending December 31, 2019, upon the mutual
agreement of both parties.
Attachments:
Advertisement; Bids, Bid Tab, copy of the Contract
r
Depart ent e City Clerk City Manager
Agenda Action Form
Paducah City Commission
\Meeting Date: February 21, 2017
Short Title: Paducah Police Department Bargaining Unit Agreement (FOP)
®Ordinance ❑ Emergency ❑ Nlunicipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson, Mat -tin Russell, Jon Perkins, Brandon Barnhill,
Brian Krueger, David White, Heather Rushing
Presentation By: Martin Russell, Brandon Barnhill
Background Information: The current contract with the Paducah Police Department
Bargaining Unit expires June 30, 2017. Negotiations on the ne�v contract began on January
11, 2017 and concluded on January 25, 2017. The City has been advised that the
membership has voted to approve the attached contract.
The Contract includes the following major terms and changes from the previous FOP
contract:
• Administrative Changes:
o Changed Reference to all dates to reflect new 3 year contract (July 1, 2017 —
June 30, 2020)
o Updated wage table to include proposed wage increases
o Dues Deduction section changed to reflect recent state Right to %Fork
Legislation language
• Holiday's Pay
o Members of the bargaining unit who are considered "on call"on a holiday
shall receive txvo (2x) times their regular rate of pay for being on-call on the
actual holiday. If called out on the actual holiday, officers shall receive two
(2x) times their regular pay for all hours worked on the holiday.
• Wages:
o Annual increases of 1.5%, 1.75%, 2.0% in 2017, 2013, 2019 respectively
o Wage Rates to add longevity pay as follows:
• July 1, 2017 Additional 5.20/Hour to members of the bargaining unit
with 5 or more actual years of service y
• July 1, 2017 Additional S.15/Hour to members of the bargaining unit
with 10 or more actual years of service
• July 1, 2017 Additional S.I 1/Hour to members of the bargaining unit
with 15 or more actual years of service
Agenda Action Form
Page 2
• July 1, 2017 Additional S.06/Hour to ntembers of the bargaining unit
with 20 or more actual years of service
0 Total wage and fringe benefit increase impact over the three year
period is estimated to be 5630,000. The calculation considers
maintaining current staffing levels.
Goal: ®Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored DoNvnto«ns
Funds Avai [able: Account Name: 2
Account I�'Ltmber: inance
Staff Recommendation: Approve an ordinance authorizing the Mayor to
execute the Agreement with the Paducah Police Department Bargaining Unit.
Attachi-lents: Agreement between the City of PadLtcah and the PadLicall Police
Department Bargaining Unit.
Department Head City Clerk qty Manager
ORDINANCE NO. 2017 -2 -
AN ORDINANCE AUTHORIZNG THE MAYOR TO EXECUTE AN
AGREEMENT AND OTHER ASSOCIATED DOCUMENTS BETWEEN THE CITY
OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY;
SECTION 1. That the Mayor is hereby authorized to execute an
agreement and other associated documents between the City of Paducah and the Paducah
Police Department Bargaining Unit.
SECTION 2. This Agreement shall be effective from July 1, 2017, to June
30, 2020
SECTION 3. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424,
Mayor
ATTEST:
Tammara S, Sanderson, City Clerk
Introduced by the Board of Commissioners, February 21, 2017
Adopted by the Board of Commissioners,
Recorded by Tammara S. Sanderson, City Clerk,
Published in The Paducah Sun,
\ord\police\contract-bargain unit 2017-2020
AGREEMENT
THE CITY OF PADUCAH
A ` ,
THE PADUCAH POLICE DEPARTMENT
BARGAINING UNIT
July 1, 2017 to June 30, 2020
Table of Contents
Agreement....................................................................................................................................................2
ARTICLE1.
DEFINITIONS.....................................................................................,.............,....,.,...........2
ARTICLE2.
RECOGNITION............................................................... .........,..,.......... I ..... I ............ I ...... I...
ARTICLE 3.
MEMBERSHIP AND DUES DEDUCTION ........................... ,................ ,..................... ,,.,........
2
ARTICLE 4,
NON-DISCRIMINATION......................................................................................................3
ARTICLE S.
MANAGEMENT RIGHTS.........................................................................,..........................3
ARTICLE 6.
PUBLIC OBLIGATION..........................................................................................................4
ARTICLE 7.
GRIEVANCE PROCEDURE...................................................................................................4
ARTICLE 8.
LABOR RELATIONS MEETINGS.......................................................... ,.......................... ,.,...6
ARTICLE 9.
DISCIPLINARY PROCEDURES..............................................................................................7
ARTICLE10.
WORK RULES.....................................................................................................................8
ARTICLE11.
BULLETIN BOARD ................................................. .............,,.,............................................
8
ARTICLE12.
SENIORITY..........................................................................................................................8
ARTICLE13.
SHIFT ASSIGNMENT...........................................................................................................8
ARTICLE14,
HEALTH AND SAFETY....................................................,,................,,...,.............................9
ARTICLE 15.
WAIVER 1N EMERGENCY............................................................,,.,,..........................,..,..10
ARTICLE16.
WORK WEEK & OVERTIME..........................................,.................,..,,,..........................,.10
ARTICLE17
WAGE RATES...........................................................................,..,...........................,.....,.11
ARTICLE18
CLOTHING ALLOWANCE...........................................................,...,..,.............................,14
ARTICLE19
VACATIONS .................... ............................................................. ,...................................
15
ARTICLE20
HOLIDAYS.......................................................................................................................16
ARTICLE21
SICK LEAVE......................................................................................................................17
ARTICLE22
MILITARY LEAVE.............................................................................................................19
ARTICLE23
HEALTH INSURANCE ....... ........... ................. ....................................................................
19
ARTICLE24
LIFE INSURANCE.............................................................................................................20
ARTICLE25
LIABILITY INSURANCE .................................... .......... .......................................................
21
ARTICLE 26
STATUS OF BARGAINING COMMITTEE MEMBERS WHILE BARGAINING .......................21
ARTICLE27
SEVERABILITY..................................................................................................................21
ARTICLE28
DURATION......................................................................................................................21
FOP Contract 2/10/2017 Page 1
Agreement
THIS AGREEMENT is made and entered into on the 1st day of July, 2017 by and between the City Of
Paducah, hereinafter referred to as "City" or "Employer" and the Paducah Police Department Bargaining
Unit, hereinafter referred to as "Unit" or "Bargaining Unit" organized under the auspices of Jackson
Purchase Lodge 15 of the Fraternal Order of Police, hereinafter referred to as the "Bargaining Unit."
WITNESSETH
WHEREAS, the City and the Bargaining Unit have met and conferred, and the parties hereto have agreed
to maintain and promote harmonious relations between the City and the Bargaining Unit, and that in
order to produce effective and progressive public protection, they have agreed as follows:
,ARTICLE 1. DEFINITIONS
Section 1. The parties agree that whenever in this Agreement, terms such as police officer,
employee of the police department, employees, or members of the Bargaining Unit are used; the term
refers only to those persons expressly included in the Bargaining Unit as set out in Article 2. Recognition,
and further, this Agreement in no manner whatsoever has any effect on the wages, hours, and working
conditions of other City personnel whether they be employees of the police department or elsewhere
within the City,
Section 2. The parties further agree that whenever in this Agreement, the term "City" is used, the
term refers to whomever the executive authority of the City has designated to exercise the rights to
discharge the obligation in question.
Section 3. The parties further agree that all references in this Agreement designate both sexes,
and wherever the male gender is used, it shall be construed to include male and female employees.
ARTICLE 2, iRECOGINITION
The City hereby recognizes the Bargaining Unit as the exclusive collective bargaining representative for
all employees of the police department of the City of Paducah who hold the rank of police officer or
sergeant. The term employee shall not include any employee of the police department who is not
included in the above and specifically excludes persons holding the rank of captain, assistant chief, chief
of police, non -sworn personnel and probationary candidates for the police department. A candidate is
on probation until he has actually worked 12 months after completingthe Police Training Officer "PTO"
program.
ARTICLE 3. IVIENIBER SHIPAt\.1D DUES DEDUCT]ON
Section 1. Employees of the Bargaining Unit, on the effective date of this agreement or employed
thereafter, shall have the option of becoming members of the Bargaining Unit after he/she has actually
worked 12 months since completing the PTO program. Eligible persons who wish to become Members
of the Bargaining Unit must affirmatively request membership in writing. Membership in the Bargaining
Unit is not compulsory. Members have the right to join or not join and neither party shall exert pressure
or discriminate against a Member regarding such matters.
FOP Conti -act 2/10/2017 Page 2
Bargaining Unit Membership dues, shall be deducted monthly in an amount certified by the Lodge only
if the Member has signed a payroll deduction authorization. Members wishing to revoke their
Bargaining Unit Membership must notify the Bargaining Unit, and the Paducah City HR Director
expressly and individually in writing.
Section 2. The Unit shall hold the City harmless against any and all claims, demands, suits or other
forms of liability that arise out of or by reason with action taken by the City in reliance upon employee
payroll deduction authorization forms submitted by the Bargaining Unit to the City.
Section 3. The City shall provide each member of the Bargaining Unit Executive Committee with a
copy of this Agreement and the Unit agrees to provide the City with a roster of the names of its
Executive Committee, their addresses, and telephone numbers. The Union also agrees to notify, in
writing, the City within five (5) days of the day that any change in the members of the Executive
Committee occurs,
ARTICLE4. NDN-DISCRIMINNATIDN
Section 1. The City agrees not to discriminate against any employee who elects to be a member of
the Fraternal Order of Police who participate in legal Bargaining Unit activities under this Agreement
Section 2. The Bargaining Unit agrees not to discriminate against any employee who elects not to
be a member of the Fraternal Order of Police or refrains from Bargaining Unit Activities.
ARTICLES, ylAl`\IA'',E1JIEt l'r PIGI-II'S
Section 1. Except as expressly modified by a specific provision of this Agreement, the City retains
its sole and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the
City which are not abridged by this Agreement include, but are not limited to, hire and to be the sole
judge of qualifications of applicants. The City has the sole right to direct the work force; to discipline or
discharge for just cause; to establish, maintain, and modify departmental rules and procedures; to layoff
and recall; to be the judge of whom to promote and the methods and procedures for promotions; to
assign work, to transfer employees from one station to another in a manner most advantageous to the
City; to contract and to subcontract with outside contractors; to establish, modify or change manning of
equipment, amount of equipment in the fleet, etc.; the right to direct members of the police
department, including the right to hire, promote, or transfer any employee; the right to organize and
reorganize the police department in any manner permitted by law including the size of the police
department and the determination of job classifications; the right to determine the method and
frequency of pay, the allocation of assignment of work to employeeswithin the police department in a
manner most advantageous to the City; to introduce new, improved or different methods or techniques
of operation or to change existing methods and techniques of operation; to establish basic and in-
service training programs and requirements of upgrading the skills of employees with adequate training;
to determine the location, methods, means and personnel by which operations are to be conducted; to
establish, implement and maintain an internal security practice; to schedule overtime, vacations, days -
off and holidays off; to determine rank based upon the duties assigned; and to take whatever actions
may be necessary to carry out the mission of the City in dire emergency situations
FOP Contract 2/10/2017 Page 3
Section2. Failure by the City to exercise any of its rights shall not constitute a waiver of that right.
ARTICLE 0, PUBLIC OBLIGATION
Section 1. The City and the Bargaining Unit recognize that a strike would create a clear and present
danger to the health and safety of the public, and inasmuch as this Agreement provides mechanisms for
the orderly resolution of grievances, the City and the Bargaining Unit recognize their mutual
responsibility to provide uninterrupted services to the citizens of Paducah.
Section 2. Nothing in this Article shall be constructed to limit orabridge either party's right to seek
available remedies provided by law to deal with any unauthorized orunlawful activities as provided in
this Article.
ARTICLE 7, GRIEVANCE PPROCEOURE
Section 1. A grievance is defined as a dispute between the City a nd the Bargaining Unit and/or
employee concerning the interpretation, application or compliance with the terms of this Agreement.
Grievances may only be filed by the executive committee of the bargaining unit, Executive members are
President, Vice President, Treasurer, Secretary, and Second Vice President, Grievances must be signed
by at least two (2) members of the executive board. Grievances will be presented on a standard
Grievance form to the shift or group commander and, if not resolved after contract review and
discussion, shall be sent to the Chief of Police via the chain of command with signatures of all parties
involved. Prior to filing a formal grievance under these procedures, an employee who feels he has been
aggrieved may request a conference with the command officer in charge of his shift or division. For
purposes of this Article "command officer" is defined as a superior officer holding the rank of
Sergeant/Captain. Matters involving the just nature, appropriateness or severity of discipline or
corrective action are not subject to the grievance procedure contained herein, but may be appealed
pursuant to statute. Grievances alleging violation of the Policemen's Bill of Rights shall be appealable to
the grievance procedure through the Third Step only. Time limits setforth herein may be extended by
mutual agreement of the parties, which agreement shall be in writing_
The parties agree that any disciplinary action the City takes which is covered by KRS 9S will not be
subject to the Grievance Procedure. The parties further agree the City retains the right to take
disciplinary action other than that which is provided for in KRS 95 and such action is not subject to the
requirements of that statute, Further, an employee may voluntarily accept discipline, discharge,
demotion, etc., in lieu of having charges preferred against him underthe provisions of KRS 9S.
Section 2. Grievances shall be processed in the following manner:
a. FIRST STEP: Within fifteen (15) working days after the occurrence of an event or action
which causes an employee to feel that he has been aggrieved, the Executive Committee shall present
the grievance, in writing, to the command officer in charge of the aggrieved employees shift or division
(a fifteen day extension will be granted upon written request to explain the need for extension). The
grievance must state the contract provision(s) violated, the relief sought, the facts supporting the
grievance and must be signed by the aggrieved employee or it will be barred from consideration. If the
matter is not satisfactorily settled within five (S) working days, the grievance shall move to the Second
Step. No grievance presented after ten (10) working days will be considered under these procedures. If
FOP Contract 2/10/2017 Page 4
the shift commander determines that he can take no action on the grievance he will immediately
forward it to the Chief of Police for Step 2. Any member of the bargaining unit who has a grievance
arising out of his employment with the City, which is not grievable under the grievance procedure of this
contract, may use the grievance procedure provided for all City employees in the City of Paducah Code
of Ordinances.
b. SECOND STEP: The employee shall present the grievance, in writing, to the Chief of Police,
within two (2) working days of the Step 1 response. If the matter is rrot satisfactorily settled within ten
(10) working days, the grievance shall move to the Third Step. If the Chief of Police determines that he
can take no action on the grievance, he will immediately forward it to the City Manager for Step 3.
c. THIRD STEP: If the grievance is not settled at Step 2, the Chief of Police shall submit the
grievance to the office of the City Manager within five (S) working days after receipt from Step 1. If
necessary, the City Manager may meet with the aggrieved employee and union Representative within
fifteen (15) working days to discuss the grievance. The City Managerwill answer in writing within fifteen
(15) working days of receipt of the grievance (or any meeting to discuss the grievance); whichever is
later. City Manager shall submit grievance and a copy of his response to the Mayor and Commission
within fifteen (15) days for their information. City Manager shall send the bargaining unit president a
copy of his response.
Section 3. FOURTH STEP: In grievances concerning the interpretation, application or compliance
with the terms of this Agreement, if the grievance is not resolved in the above manner, the Bargaining
Unit may request mediation through the Kentucky Labor Cabinet, Division of Employment Standards and
Mediation or any other mutually agreed upon mediator in the following manner.
a. Within 10 calendar days of the City Manager's ruling the Bargaining Unit may petition the
Kentucky tabor Cabinet, Division of Employment Standards and Mediation, to initiate mediation, and
shall simultaneously notify the City of its intent to seek mediation of an unresolved grievance.
b. The representatives of the parties (the Bargaining Unit and the City) shall schedule a pre -
mediation meeting to be held within fourteen (14) calendar days after notification of a request to
mediate. The parties shall attempt to settle the grievance and, if it cannot be settled, shall attempt to
draft an agreed upon submission statement. If the parties are unable to agree upon a submission
statement, the mediator shall frame the issue or issues to be decided.
C, The representatives of the parties shall meet with the mediator. At the conclusion of the
meeting, if the issue is not resolved, the mediator may choose to prepare a report and/or
recommendation for submission to the City Commission.
d. The costs and fees of the mediator shall be borne equally bythe parties. The fees of a court
reporter shall be paid by the party asking for one; such fees shall be split equally if both parties desire a
reporter or request a transcript.
Section 4. FIFTH STEP: If the grievance remains unadjusted, it may then be presented by the Union
to the Board of Commissioners in writing within three working days after the response of the mediator.
The written statement of appeal of the grievance shall set forth all the reasons and grounds for the
grievance and the appeal to the Board together with a statement of the relief sought. A copy of all
previous written documents involved in the action shall be attached to the grievance and made a part
FOP Contract 2/10/2017 Page S
thereof. The grievance will be placed on the Commission agenda within three weeks after it is
presented and shall be heard in public session, A vote of three Commissioners will be required to deny
the grievance. The decision of the City Commissioners is final and binding upon the parties, unless said
decision is found to be arbitrary and capricious by a Court of appropriate jurisdiction.
Section S. Working Days Defined -- Whenever in these procedures the term "working days" is
used, it shall refer to the working days of the person with whom action is required, whether the grievant
or the person responsible for responding to the grievance.
Section 6. Grievances may be represented by an employee representative of the Bargaining Unit at
any step of the grievance procedure, and may be represented by an attorney at any proceeding
beginning with the Third Step of the grievance procedure.
Section 7, Failure by the Bargaining Unit or any of its members to exercise any of their rights as
specified by an express provision of this Agreement shall not constitute a waiver of that right provided a
grievance exercising that right is filed within the time limits outlined herein.
Section 8. Failure by the City to answer a grievance within the time period prescribed in Steps 1, 2,
and 3 shall constitute a denial of the grievance.
ARTICLEB, LADDR RELAI'1D'i\IS li]EETIt\�IGS
Section 1. The City and the Bargaining Unit recognize the responsibility each have to make full use
of the knowledge, talent and commitment of all who are involved in the delivery of police services to the
citizens of the City. The City and the Bargaining Unit recognize the benefit to each of exploration and
study of the department to provide the highest standards of service. Towards this end the City and the
Bargaining Unit agree to create and maintain Labor Relations Meetings, in conjunction with the other
bargaining units recognized by the City, as an active forum for the exploration of mutual concerns.
Section 2. The City and the Bargaining Units shall use this forum not as a substitute for collective
bargaining nor as a mechanism for modifying the Agreement; ratherthe forum is seen as an adjunct to
the collective bargaining process and as an aide in implementing and maintaining the Agreement. This
forum will also be useful as a place to discuss issues which arise outside of the context of collective
bargaining but which represent impediments to a quality work environment, or which threaten the
department's ability to deliver police services in the most efficient manner possible. No issue which is
the subject of a pending grievance will be decided in this forum unless mutually agreed to by the City
and the Bargaining Units. It is the expectation of both parties that the free flow of information and the
active discussion of common concerns will positively influence both the decisions made by each party
and the chances for acceptance of those decisions.
Section 3. Department management and Bargaining Unit representatives shall meet at least 4
times per year. The time, place and agenda will be arranged by the designated representatives from the
City and the Bargaining Units. Other meetings between the parties can be held anytime by request of
either party. Time and arrangement for such meetings will be set by the designated representatives
from the City and the Bargaining Units.
Section 4, The purpose of such meeting shall be to:
FOP Contract 2/10/2017 Page 6
Discuss the administration of the Agreement.
b. Discuss grievances which have not been processed tothe Third Step of the procedure
when such discussions are mutually agreed to by the parties.
C. Notify the Bargaining Unit of changes made or contemplated by the City, which effect
Bargaining Unit members.
d. Disseminate general information of interest to the parties.
e. Give the Bargaining Unit representatives the opportunity to share the views of their
members and/or make suggestions on subjects of interest to their members, including interpretations of
the Agreement where such discussion may prevent the necessity of filing a grievance.
Discuss ways to increase productivity and improve efficiency.
Section S.
a. For each person selected to represent the Bargaining Unit at the Labor Relations
meetings, the City will consider up to two hours per meeting of such service to be a part of his or her job
duties when the meeting occurs during the assigned work hours of the representatives. However, such
meetings shall not be scheduled so as to result in the payment of overtime for any designated
representative to attend said meeting.
b. It is further agreed that if special labor-management meetings have been requested,
and mutually agreed upon, they shall be convened as soon as possible.
AMICLE 9, DISCIPLIMARY PRr. EDURES
Section 1. When an officer is to be disciplined or interviewed in relation to possible discipline he
will be allowed, if he request, to have a witness of his choosing to be present. Such a request may not
delay the proceedings by more than two hours. Interviews or interrogation relating to criminal or
administrative misconduct shall be in accordance with the Commonwealth of Kentucky Statutes 95,
generally referred to as the Policemen's Bill of Rights. Discussions field solely for the purpose of
instruction or corrective actions when no documented disciplinary action is contemplated, are not
covered. A disciplinary action proceeding shall be distinguished frorn an investigative fact gathering
meeting.
Section 2. Employees will receive a copy of all documented disciplinary action placed in their file at
the time of the discipline and each employee will sign the disciplinary action upon receipt. In cases
where the employee's signature on the disciplinary documentation only indicates the employee's
receipt of the document, the employee may note that his signature indicates, "I have received but do
not necessarily agree with this document."
FOP Contract 2/10/2017 Page 7
ARTICLE 10, WORK RULES
Section 1. The Bargaining Unit recognizes that the City, in orderto carry out its statutory mandates
and goals, has the right to promulgate work rules, regulations, policies, procedures and general orders.
Section 2. The City agrees that no work rules, regulations or employment policies shall be
established that are in violation of any express terms of this Agreement.
Section 3. Any additions or amendments to the work rules, regulations, policies, procedures and
general orders shall be reduced to writing, posted on the department bulletin boards and copies
distributed to members of the Bargaining Unit five (S) days prior to implementation; however this
section does not limit the right of the City, to meet emergency or operational needs, to implement any
work rules or regulations, policies, or general procedures prior to the conclusion of the five (S) day
notification period. The addition or amendment will be dated and state its effective date. Each
employee shall sign to acknowledge receipt of same.
ARTICLE 11. BULLETIN BOARD
The City agrees to provide space, at an accessible location for Bargaining Unit Employees, for one
bulletin board for use by the Bargaining Unit. The bulletin board willbe furnished by the Bargaining
Unit. All notices posted on the bulletin board shall be signed, dated, posted or removed by a Bargaining
Unit representative. The President of the Union or his designee may ase the City E -Mail system to
disseminate information to Bargaining Unit employees provided a copy of the distributed material is
furnished to the Chief of Police and other Bulletin Board guidelines are followed. A Bargaining Unit
representative will police the bulletin board on a regular basis. It is understood that no material may be
posted on the Bargaining Unit bulletin board at any time which contain the following:
(a) personal attacks upon any member or any other employee;
(b) scandalous, scurrilous or derogatory attacks upon the City, or any other governmental units
or officials;
(c) attacks on any employee organization, regardless of whether the organization has local
membership; and,
(d) attacks on and/or favorable comments regarding a candidate for public office.
AFS TICLE 12, SE- IIORITY
Seniority by time in Grade per rank will be the basis for shift preference, vacation, and days off
assignments, provided however, that the City has the right to preclude any one shift from being staffed
by police officers, 50% of whom have less than three (3) years' experience with the Paducah Police
Department.
ARTICLE 13: SHIFT ASSIGNMENT
Section 1. The City will use a bid book process. Shift assignments will be for six (6) months. For
the first bid process, requests for changes in shift assignment shall be made by October 1 of each year
with posting of the change by October 15 with the effective date to be the first Thursday corresponding
FOP Contract 2/10/2017 Page 8
with the first full pay period in January of the following year. For the second bid process, requests for
change in shift assignment shall be made by April 1 with the posting of the change by April 15 with the
effective date to be the first Thursday corresponding with the first full pay period in July of the same
year. Employees on corrective action assignment will be permitted to participate in the bid process if
corrective action is scheduled to end by January 31 for the first bid process, or July 31st for the second
bid process.
a. It is recognized that from time to time it is necessary in the interest of the operation of Police
Department to make shift or unit reassignments as a result of vacancies in the ranks, temporary
absences, training, community events, specialized assignments, or emergency circumstances which
require adjustments in the shift structure, Such requirements shall be rnade when practical on the basis
of seniority and shall be grievable under the terms of the grievance procedure.
b. It is further recognized that it may become necessary to reassign an individual Bargaining Unit
member to another shift for corrective or retraining purposes for a ,period not to exceed six (6) months.
The reasons for a shift reassignment shall be provided in writing to the member at the time of the
reassignment also listing any prior corrective measures attempted. Such reassignment shall not be
arbitrary and shall be grievable under the terms of the grievance procedure. Grievances involving such
shift reassignment shall be filed directly with the Chief of Police at Step 2.
C. In the event a permanent (3 months or longer) vacancy occurs on a shift then employees on that
same shift may exercise their seniority for preference of the vacant days -off schedule. Employees on
corrective action or retraining assignment will be considered least inseniority for this preference and no
more than two (2) officers per shift will be assigned for retraining orcorrective action.
d. The parties agree that hardship and emergency cases will be handled on an individual basis. An
employee should notify the shift or unit commander to initiate any special consideration.
Section 2. When vacancies within the Sergeant position are to be filled, such vacancies may be filled by
the Chief of Police for training purposes for the newly appointed Sergeant for a period up to six months.
Any employee displaced as a result of this assignment shall be restored to his shift at the end of the
training period.
ARTI CLE -14, HEALTH Al'\1D SAFETY
Section 1. It is agreed that safety is a prime concern and responsibility of the City, the employees
and the Bargaining Unit. In this regard:
a. The City agrees to provide safe working conditions and equipment for members of the
Bargaining Unit in conformance with minimum standards of applicable law.
b. Employees and the Bargaining Unit accept the responsibility to follow all safety rules and safe
working methods of the City. Employees shall report unsafe working conditions to their supervisors as
soon as any unsafe working condition is known.
C. The City and the Bargaining Unit shall consider and discuss safety and health related matters
and explore ideas for improving safety at the regularly scheduled Labor Relations meetings. Such
matters will not be subject to the grievance procedure contained herein.
FOP Contract 2/10/2017 Page 9
Section 2. The City and the Bargaining Unit recognize the Employer's right to require employees to
participate in physical agility testing to determine the individual's ability to perform the physical
requirements necessary for the duty position.
The parties agree to initiate an annual, voluntary, on duty physical testing program to be implemented
in the first half of each calendar year. Those employees successfully completing the equivalent of the
Police Officer Professional Standards "POPS" test at the Entry level will be rewarded with a $150
incentive and those completing the test at the Exit level will be rewarded with a $250 incentive. The
POPS equivalent as of February 1, 2006 will be the standard; employees are not eligible for both
incentive payments. The payments can be utilized as either Wellnessor Deferred compensation dollars
and will be available July 1 of each year.
ARTICLE 15, ANAI` ER, IN EMERGENCY
Section 1. In cases of emergency declared by the President of the United States, the Governor of
the Commonwealth of Kentucky, the Mayor of the City of Paducah, of the Federal or State Legislature,
such as acts of God or civil disorder the following conditions of this Agreement may be temporarily
suspended by the City:
time limits for the processing of grievances; and,
b. all agreements relating to the assignment of employees for the duration of the emergency
period only.
An emergency declared by the Mayor, as used in this Article, includes only those situations which
prevent the normal day-to-day operations of the City.
Section 2. Upon the termination of the emergency grievances filed prior to the emergency shall be
processed in accordance with the provisions outlined in the grievance procedure of this Agreement and
shall proceed from the point in the grievance procedure to which the grievance(s) had properly
progressed, prior to the emergency.
A-.T]CLE. I& y 0RT,\' WEEI(& ,0VERTJNTE
Section 1. The normal workweek for members of the Bargaining Unit shall be 40 hours per week.
Section 2. All hours worked in excess of forty (40) hours per week shall be compensated at the rate
of one and one-half times the employee's regular straight time hourly rate. For purposes of this section
"hours worked" shall only include hours for which the employee performs services for the Employer,
paid holiday leave and vacation leave.
Section 3. In the event an officer reporting for his regular dutyis given an assignment prior to the
normal commencement time of his shift, the officer shall be considered to be in an on -duty status, with
such time being compensable. However, with the approval of the shift commander or superior officer
the officer may elect to take an equivalent compensatory time at the end of the shift in lieu of payment.
FOP Contract 2/10/2017 Page 10
Section 4. The officer working the overtime may request his shift commander to allow him to take
compensatory time in lieu of payment for actual time worked, but if granted, must be taken within the
same work week,
Section 5. Officers shall receive a minimum of two (2) hours' time for court appearance and four
(4) hours minimum time for call -out time at the appropriate rate of pay when the officer is required to
report for court appearance or is required to report for duty outside of his regularly scheduled work
shift. Call -out time which starts prior to the regular shift and continues into the employee's regular shift
or time worked immediately following the regular shift shall not be eligible for the minimum. Call out
time shall be defined as that period of time other than his regular work schedule when an officer is
required to perform in his capacity as a police officer under instruction of a superior officer. The two (2)
hour minimum shall apply to mandatory staff meetings and staff training when scheduled outside of the
regularly scheduled work shift.
Section 6. It is further recognized that from time to time normal shift and hour assignments may
be temporarily reassigned for training purposes or other legitimate police functions. Under such
circumstances, the 40 -hour rule will continue to apply.
Section 7. "Required Court Time" outside the regular schedule of an employee will be calculated
on an overtime basis and shall include lunch breaks that occur duringthe required court time. If court
time occurs as a part of the officer's regular shift, overtime will not be paid.
Section 8. Members of the Bargaining Unit will be allowed to exchange duty with other qualified
officers up to twelve (12) times per year per City policy as in effect atthe time of the exchange.
However, no exchange will be permitted if it interferes with the ability of the department to perform
special functions or training requirements.
Section 9. Retired officers who are subpoenaed by the Commonwealth Attorney to Circuit Court to
testify regarding Paducah Police Department cases they worked will be paid a $40 per day witness fee,
ARTICLE 17 tjVAGE RATES
Section 1. Effective July 1, 2017, the members of the Bargaining Unit will receive a 1.5% wage
increase, 1.75% and 2.0% July 1, 2018 and July 1, 2019 respectively, Actual increases will take effect on
the first day of the pay period coincident with or following the effective date of the increase.
Employees within the Bargaining Unit shall be paid, upon satisfactory completion of consecutive years of
service in the police department, in the following hourly amounts:
Section 2. Police officers with specialty skills utilized by the department outside of their regular
assignment, such as: Bomb Technician, K-9, SWAT, Accident Reconstructionist, Hostage Negotiator, Drug
Recognition Expert, or similar special assignment shall receive additional compensation of forty dollars
($40) per bi-weekly pay period. Such "special assignments" shall be made by the Chief of Police and
additional compensation shall not be effective until after thirty (30) days of such assignment. Special
FOP Contract 2/10/2017 Page 11
duty pay shall be discontinued upon reassignment of a police officer to duties other than Bomb
Technician, K-9, SWAT, Accident Reconstructionist, Hostage Negotiator, Drug Reconstruction Expert, or
similar special assignment.
Certified Police Training Officer (PTO), Police Training Supervisor (PTS), and Police Training Coordinator
(PTC) assigned another officer or recruit shall receive overtime pay asappropriate for hours that are
required outside of the regular work schedule to complete work related to the assigned officer/recruit.
The actual hourly rate of this classification of employee is $.80/hour higher than that shown in the
above wage rate schedule.
Police Officers assigned to Investigation duties as a Detective shall receive overtime pay as appropriate
for hours that are required outside of the regular work schedule to complete work related to their
assignment. The actual hourly rate of this classification of employee is$1.00/hour higher than that
shown in the above Wage Rate Schedule.
The Chief of Police with the approval of the City Manager may designate other special duty assignments
and pay as deemed appropriate.
Section 3. Based on comparative pay studies, the City may unilaterally increase the wage rate of
any bargaining unit position or classification.
Section 4. If during the term of this Agreement, the City negotiates and implements a percentage
pay increase for any bargaining unit therein, then, in that event, the City will simultaneously therein
adjust the bargaining unit wage scale in this Agreement unless the increase for another bargaining unit
is a "catch-up" for a previously deferred pay increase and the "catch -tip" is the only reason for the
difference. The aforesaid adjustment shall equal, but not exceed, the differential between the
percentage amount awarded to the bargaining unit herein and the higher percentage amount granted
to any other City Bargaining Unit.
Section S. Members of the bargaining unit will be paid a shift differential for those employees
regularly assigned to one of the following shifts: The shift differential for officers whose duty shift
begins at or after 1:00 p.m. will be $.25/hour; the shift differential for officers whose duty shift begins at
or after 6:00 p.m. will be $.50/hour.
Section 6. Contingent upon approval of the City Manager and the Chief of Police, a newly hired
employee may be given service credit for pay purposes only for previous law enforcement experience.
The maximum credit will be five (5) years, but not more than one-half (1/2) the years of full service the
new employee brings to the department from a previous employer. Such previous service will have to
be from employment that would be considered beneficial to the City's current requirements for police
officers' and at least equivalent to that of a current employee with the same amount of service with the
department.
Section 7, Effective July 1, 2017 members of the bargaining unit who have five (5) or more actual
years of service at the Paducah Police Department shall receive $.20/hour higher than that shown in the
pay rate schedule below.
FOP Contract 2/10/2017 Page 12
Effective July 1, 2017 members of the bargaining unit who have ten (10) or more actual years of service
at the Paducah Police Department shall receive $.40/hour higher than that shown in the pay rate
schedule below.
Effective July 1, 2017 members of the bargaining unit who have fifteen (15) or more actual years of
service at the Paducah Police Department sha11 receive $.61/hour higher than that shown in the pay rate
schedule below.
Effective July 1, 2017 members of the bargaining unit who have twenty (20) or more actual years of
service at the Paducah Police Department shall receive $.81/hour higher than that shown in the pay rate
schedule below.
"these rates will not compound upon each other"
Position
SERGEANT
July - 17
July - 18
July - 19
5 Years
26.55
27.01
27.55
6 Years
26.65
27.12
27.66
7 Years
26.77
27.24
27.78
8 Years
26.87
27.34
27.89
9 Years
26.98
27.45
28.00
10 Years
27.09
27.56
28.11
11 Years
27.18
27.66
28.21
12 Years
27.28
27.76
28.32
13 Years
27.39
27.87
28.43
14 Years
27.49
27.97
28.53
15 Years
27.61
28.09
28.65
16 Years
27.72
28.21
28.77
17 Years
27.82
28.31
28.88
18 Years
27.91
28.40
28.97
19 Years
28.02
28.51
29.08
20 Years
28.13
28.62
29.19
21 Years
28.24
28.73
29.30
22 Years
28.36
28.86
29.44
23 Years
28.46
28.96
29.54
24 Years
28.57
29.07
29.65
25 Years
28.66
29.16
29.74
Position
POLICE OFFICERS July - 17 July - 18 July - 19
1 Years 22.14 22.53 22.98
2 Years 22.25 22.64 23.09
FOP Contract 2/10/2017 Page 13
3 Years
23.30
23.71
24.18
4 Years
23.36
23.77
24.25
5 Years
24.12
24.54
25.03
6 Years
24.18
24.60
25.09
7 Years
24.23
24.65
25.14
8 Years
24.51
24.94
25.44
9 Years
24,63
25.06
25.56
10 Years
24.73
25.16
25,66
11 Years
24.85
25,28
25,79
12 Years
24.94
25.38
25.89
13 Years
25.06
25.50
26.01
14 Years
25.16
25.60
26.11
15 Years
25,27
25.71
26.22
16 Years
25.38
25,82
26.34
17 Years
25.48
25,93
26,45
18 Years
25,59
26.04
26.56
19 Years
25.70
26.15
26.67
20 Years
25.81
26.26
26.79
21 Years
25.90
26.35
26.88
22 Years
26.02
26.48
27.01
23 Years
26.12
26.58
27.11
24 Years
26.24
26.70
27.23
25 Years
26.34
26.80
27.34
,"iiMCLE 18 MOTHING ALLOWAiNCE
Section 1. The City shall determine the appropriate uniform and equipment to be worn by
Bargaining Unit members who shall be required to be in proper uniform upon reporting for duty.
Section 2, All probationary candidates in positions included in the Bargaining Unit shall receive an
initial clothing allowance of one thousand dollars ($1,000) and in the event such member shall fail to
serve in the department for more than one (1) year, all clothing purchased with the initial clothing
allowance shall be returned to the department.
Section 3. The Department shall furnish all leather items of equipment, except shoes, which items
shall remain the property of the department and shall be returned to the department upon the
departure of a member from the department for any reason other than retirement.
Section 4. The City shall establish a credit/vendor or commissary system for employee purchases
of clothing during the term of this agreement, A nine hundred dollar ($900) vendor credit per officer is
to be distributed the 1st day of January and each subsequent year during the term of this Agreement.
The officer may use his credit at any time during the year to and may carry over any unused amounts to
the next year. All non -uniformed personnel covered by the Bargaining Unit agreement shall receive one
FOP Contract 2/10/2017 Page 14
thousand dollars ($1,000) per year allocated in two installments of three hundred dollars ($300) on the
second payday in February and three hundred dollars ($300) on the second payday in June each year of
the contract, with the remaining four hundred dollars ($400) to be deposited into the vendor credit
system in the same manner as uniformed officers. Such disbursement shall be subject to all required
withholdings per State and Federal law.
Section 5. Each Bargaining Unit member shall be issued a soft body armor vest at time of initial
employment at no cost to the employee. Body armor vests and carriers issued by the City will be
replaced at no cost to the employee in accordance with the manufacturer's specifications. The use of
such vests will be in accordance with Departmental Policy. Vests will be returned to the City upon
replacement or upon the employee's termination of employment.
Section 6. Any official clothing or equipment damaged while oncluty will be replaced at no
expense to the officer.
Section 7. The City shall continue to issue each member of the Bargaining Unit a handgun which
shall remain the property of the City.
Section 8. At any time the Chief of Police initiates a mandatorychange in a Bargaining Unit
employee's uniform, then the City agrees to purchase the first set. Other changes will generally require
six (6) months advance notice and as far as practical comply with theJanuary distribution of credit.
AR T'1 CLF 19 VACATI D_MS
All employees of the police department shall receive vacation time as follows:
During the first fourteen (14) years of employment, vacation time shall accrue at the rate of one
and one-quarter (1-1/4) days per month for a total of fifteen (15) days per year. Between the beginning
of the fifteenth year and the beginning of the twentieth year, members shall accrue vacation time at the
rate of one and one-half (1-1/2) days per month for a total of eighteen (18) days per year. From the
beginning of the twentieth year to the beginning of the twenty-fifth year of employment, the accrual
rate shall be one and three-fourths (1-3/4) days per month for a total of twenty-one (21) days per year.
For all members with more than twenty-four (24) years of service, the accrual rate for vacation shall be
two (2) days per month for a total of twenty-four (24) days per year. Each member may accrue up to a
maximum of fifty (50) days of vacation at any one time. Absence for a fraction or part of a day that is
chargeable to vacation in accordance with the provisions of this article shall be charged proportionately
in an amount not smaller than one (1) hour increments.
No vacation leave shall be credited to any employee until such time as he has worked for the City for six
(6) consecutive months, after which time vacation leave shall be credited from the date of employment.
FOP Contract 2/10/2017 Page 15
ARTICLE 20 HOLIDAYS
Section 1. The following days during each calendar year are hereby designated as holidays on
which all City employees, with the exception of the police department personnel, will be granted a
holiday:
New Year's Day (January 1)
Martin Luther King Jr. Day
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day
Thanksgiving Day
The day immediately following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (December 25)
New Year's Eve (December 31)
and such other general city employee holidays as may from time to time be designated by order
of the Board of Commissioners.
Section 2. Any officer in the bargaining unit who because of theirshift assignment works a holiday
shall receive two (2x) times his regular rate of pay for hours worked on the holiday, plus holiday leave
equal to the time worked on said holiday up to eight hours. Premium pay for time worked on a holiday
does not count toward hours worked for overtime purposes. Holidaytirne shall be granted upon the
officer's request, at management's discretion, as soon as possible after said holiday.
Members of the bargaining unit who are considered "on call" on a holiday shall receive two (2x) times
their regular rate of pay for being on-call on the actual holiday. If called out on the actual holiday,
officers shall receive two (2x) times their regular rate of pay for all hours worked on the holiday.
Section 3. When a holiday occurs on an employee's regular scheduled off day, the employee will
receive holiday leave of eight (8) hours. Such holiday time shall be granted upon the officer's request, at
management's discretion, as soon as possible after said holiday.
Section 4, Holiday leave shall be requested in writing and taken in increments of not less than one
(1) hour.
Section 5. Effective July 1, 1993 an employee may accrue maxirnum balance of 150 hours of
holiday leave time, Employees who terminate employment will be paid for accrued holidays up to 150
hours at time of termination.
Section 6. Members of the bargaining unit will be granted one (1) personal day each year of the
contract. This personal day must be taken within the calendar year it is earned; it will not be rolled over
into the next year. The personal day may be taken upon the officer's request, and in management's
discretion (one officer per shift with 48 hour notice will be granted).
FOP Contract 2/10/2017 Page 16
ARTICJ F 21 SICK CEAVE
Section 1. Each member of the bargaining unit regularly employed on a full-time basis shall be
entitled to sick leave with pay, and shall be entitled to accrue sick leve. Except as described in Section 4
below, an employee shall accrue sick leave at the rate of 11/2 days per month. A month in which a
member of the bargaining unit is paid for twelve (12) days or more shall be considered a month of
service. A day for which a member of the bargaining unit receives wcrker's compensation benefits from
the City of Paducah or its insurance carrier shall be considered a day for which the employee is paid
under this section. Any member of the bargaining unit granted a leave of absence for any other purpose
shall not continue to accrue sick leave at the rate prescribed in this section during such absence,
Service for sick leave credit includes all hours in active pay status, including regular non -overtime hours
worked, paid vacation, paid sick leave and paid holidays, but not unpaid leave, unpaid suspension, layoff
or overtime.
Section 2. Retirement Time Purchase [Applicable only to employees hired prior to 01/01/2014]: When
an employee retires the City will purchase one day of retirement credit for each sick day accumulated up
to a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50
days accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on
CERS approval.
Section 3. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall
be entitled to the same unused sick leave benefits option as elected by the employee, either the
retirement time purchase benefit described in Section 2 above or thepayment alternative described in
Section 4 below.
Section 4. Payment Alternative: Members of the bargaining unit: may elect the following benefit in
lieu of the Retirement Time Purchase described in Section 2.
a. Upon retirement, employees electing the payment alternative who have over 50 days of
sick leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days
accumulated over 50 days up to a maximum of 70 days pay.
b. Employees electing the payment alternative who have 150 days of sick leave
accumulated shall be paid an amount equivalent to one day's regular pay for 1/3 of all sick days
accumulated over 150 days. Payment for these sick days shall be no later than the second paycheck in
February of the following year.
C. Employees hired after this contract is executed who Desire to select this payment
alternative in lieu of the retirement time purchase benefit in Section 2 must state their desire in writing
to the City Finance Director within 90 days of their date of employment.
d. Employees selecting this benefit in lieu of the retirement time purchase described in
Section 2 shall accrue sick days at the rate of 11/3 days per month.
FOP Contract 2/10/2017 Page 17
e. Employees who selecting this benefit in lieu of the retirement time purchase described
in Section may accrue a maximum of 150 days of sick leave. All otherernployees may accrue a
maximum of 242 days of sick leave.
Section 5. A member of the bargaining unit eligible for sick leave with pay shall be granted such
leave for the following reasons only:
Illness, injury or pregnancy -related condition of the employee.
b. The illness of a member of the bargaining unit member's household, his parents, or children,
whether or not said parents or children are a member of the employee's household, who require the
employee's personal care and attendance.
C. Exposure of an employee to a contagious disease which could be communicated to and
jeopardize the health of other employees.
d. The death of a member of the bargaining unit member's immediate family; provided, however,
the employee will be excused from work for a period of three (3) days only beginning with the day of
death and ending with the day after the funeral, and the bargaining unit member may be paid for such
three (3) days, but any additional time taken during such period shallbe deducted from accumulated
vacation or holiday leave. ("Immediate family" for purposes of this Article means a spouse, parent,
spouse's parent, child [natural, adopted, step, or foster], grandparents, grandparent -in-law, grandchild,
sister, brother, sister-in-law, and brother-in-law.)
Section 6. A bargaining unit member on sick leave shall inform the Shift Supervisor or Shift
Commander of the fact and reason as soon as possible but at least two (2) hours prior to the start of his
scheduled shift, when such notification is possible, and failure to do so within the first day of absence
may, at the discretion of the City Manager, be cause for denial of sick leave with pay for the period of
absence.
Section 7. Sick leave with pay in excess of three (3) consecutive working days for any reason shall
be granted only after presentation of a written statement by a licensed physician certifying that the
bargaining unit member was unable to perform the duties of his position. Such statements shall
accompany payrolls submitted to the City Finance Director.
Section 8. to special cases, with individual bargaining unit members, where the Chief of Police feels
it is necessary to avoid abuse of the sick leave provisions, the Chief of Police may, with the approval of
the City Manager, require that bargaining unit member to submit a written statement by a licensed
physician for any absence. The bargaining unit member will be notified in advance that he will be
required to submit such a statement when he is absent on sick leave.
Section 9. In unusual circumstances, and with the approval of the Chief of Police and the City
Manager, sick leave may be taken in advance of accrual up to a maximum of thirty (30) working days;
provided, that any bargaining unit member separated from City employment who has been granted sick
leave that is unaccrued at the time of such separation shall reimburse leave and, if possible, for this
purpose a deduction shall be made from the bargaining unit member's final payroll check.
FOP Contract 2/10/2017 Page 18
Section 10. Absence for a fraction or part of a day that is chargeable to sick leave in accordance with
the provisions of this article shall be charged proportionately in an amount not smaller than one-quarter
hour. The minimum amount charged will not be less than one (1) hour increments.
Section 11. The Chief of Police, with good cause, may require an employee to take an examination,
at the expense of the City, conducted by a licensed physician, designated by the City, to determine the
physical or mental capacity to perform the duties of his position. Upon receipt of the physician's opinion
on fitness, the Employer shall meet with the employee to discuss possible accommodations.
Accommodations made by the Employer shall comply with applicable law.
Section 12. Falsification of either the sick leave request or a physician's certificate or using sick leave
for purposes other than which it was granted shall be grounds for
disciplinary action up to and including discharge,
AI'TICLE 22 [',MILITARY LEAVE
Military leave for any full-time officer that is an active member of the United States Armed Forces,
Reserve, or National Guard will receive up to 21 working days of military leave for the purpose of
fulfilling state and/or federal active duty orders per Federal Fiscal Year, provided the orders require
absence from employment at the City of Paducah. Paid military leave shall not exceed the number of
working days actually required to fulfill your orders. Any military leave needed after 21 working days
will be charged to vacation leave or leave without pay. The Federal Fiscal Year spans from October 1 —
September 30.
Official leave must be requested in order to avoid being dismissed for job abandonment. A copy of your
orders and a Leave of Absence form must be provided to your supervisor to initiate this request. The
Chief of Police or Designee will forward to HR.
A schedule of training shall be provided to the employee's supervisorat least 90 days in advance, unless
emergency activation occurs.
AI'TICLE ?3 HEAI.TI-I INSURANCE
The City will continue to offer a group health insurance plan "Plan" to all full-time employees and/or
retirees who qualify for and participate in the City's Plan, whereby participation is defined under the
terms and conditions set forth during each annual renewal period orany intervening period as
permitted by the summary plan description.
Section 1. If during the term of this agreement, the City chooses to maintain its grandfathered status for
the City's self-funded insurance plan in place as of March 23, 2010, itagreesto adhere to the following
prescribed mandates currently in effect, in addition to any other limirtations imposed by the 2010
Healthcare Reform Legislation as adopted and considering any future amendments, unless repealed;
a) Elimination of Benefits- The City agrees not to eliminate all or substantially all benefits to
diagnose or treat a particular condition under the "Plan."
b) Increase in Percentage Cost -Sharing- The City agrees not to increase (measured from March 23,
2010) the percentage cost-sharing (e.g., an increase in co-insurance paid by covered employees).
FOP Contract 2/10/2017 Page 19
C) Increases in Fixed -Amount Cost -Sharing- The City agrees to adhere to the regulations governing
increases in fixed amount cost-sharing (e,g., deductibles or co -payments) measured from March 23,
2010. The City will not increase fixed cost sharing above an inflationary adjustment of up to 15% above
medical inflation fixed -amount cost-sharing other than co -payments (such as a deductible). Medical
inflation is defined by reference to the overall medical care component of the Consumer Price Index for
All Urban Consumers (CPI -U) (unadjusted) published by the Department of Labor (OMCC). For co-
payments, The City agrees not to increase (measured from March 23, 2010) the fixed -amount co-
payments above the greater of (1) $5, increased by medical inflation;or(2) 15% above medical inflation.
d) Decrease in Rate of Employer Contributions — The City agrees not to decreases its contribution
rate (whether based on a formula or on cost of coverage) for any tierof similarly situated individuals by
more than 5 percentage points below the contribution rate on March 23, 2010. In the case of a self-
insured plan, contributions by an employer or employee organization are equal to the total cost of
coverage minus the employee contributions toward the total cost ofcoverage.
Section 2 If during the term of this agreement, the City chooses to join the KEHP (Kentucky Employees'
Health Plan), the City agrees to adhere to the contribution rates as set forth by the State of KY, during
renewal and open enrollment windows annually.
Section 3 If during the term of this agreement, the City finds it necessary to seek an alternative
arrangement (other than the arrangements described in Sections 1 and 2) for providing health care
benefits to its employees, it agrees to provide coverage to its participating employees with cost sharing
arrangements, coinsurance, and deductibles that are substantially similar compared to the plan(s)
offered for the plan year 2011, unless said benefits have been modified as a result of federal or state
legislation. (Appendix A Summary of Benefits)
Section 4 The City will not reimburse for any expenses paid for by any other insurance carrier, including
Worker's Compensation or for any other medical expenses which are not covered medical expenses
under The Plan or which are not considered as usual, customary or reasonable, or considered medically
necessary.
Section 5. If either the Commonwealth of Kentucky or the federal government enacts legislation that
modifies the benefits provided bargaining unit employees, nothing in this Article will prevent the City
from adhering to the mandates as prescribed by law. .
Section 6. The terms and conditions of the Health Insurance Plan controls as to all questions, including
eligibility, benefits provided, and the amount of benefits.
Section 7. The City retains the right to enact procedural changes during the Agreement to attempt to
control costs.
ARTICLF ?,4 1 FF 4-ISURANCE
Section 1. The City agrees to provide life insurance benefits on each employee's life, in the face
amount of $12,500 to be paid upon the employee's death, The City agrees to provide a double
indemnity benefit for any officer killed in the line of duty which will be $50,000 to be paid upon the
employee's death.
FOP Contract 2/10/2017 Page 20
Section 2. Premiums for life insurance shall be paid by the City of Paducah. All earned dividends
on such insurance policy or policies shall be paid to the City and shall become part of the general fund of
the City.
Section 3. Upon retirement, the employee participating in the group insurance may continue his
coverage in the amount of Four Thousand Dollars ($4,000) for which the retiree shall pay monthly
premium of fifty (50%) percent of its cost. The City shall pay an amount not to exceed Fifty percent
(50%) of the total monthly premium, In no event shall the City pay more than Fifty percent (50%) of any
such premium.
Section 4. A copy of the current Life Insurance Policy and any changes in its terms or a change in
carriers will be given to the President of the Bargaining Unit.
ARTIC1,E 25 LIAMLITY INSURANCE
The City of Paducah shall, on an annual basis, endeavor to procure police officer liability insurance of
sufficient quality and quantity of coverage as to adequately afford protection to the City and its officers.
However, it is understood that the City may not be able to achieve desired levet of coverage (due to
circumstances beyond its control), or may not be able to obtain reasonable rates. In any case, the City
shall be sole judge of type coverage to be procured,
ARTICLE 26 STATUS 0F BARGAINI'NG COM11/11T'TEE N1EI`iIBFRS IN HIL .""
BAR,GAIt�IIING
Members of the Bargaining Unit, up to a maximum of three (3), shall ba allowed to participate in direct
contract negotiations while in a pay status for up to two hours per negotiating session. However, if the
number of employee hours being spent on such session becomes excessive in management's opinion
pay status will not be allowed.
ARTICLE 2 7 S E ViE R A B I L I T Y
In the event that any provision of this Agreement is found to be contrary to law, it shall be of no further
force and effect; but the remainder of the Agreement shall remain infull force and effect.
ARTICLE 28 DUa A'J JNN
Section 1. The parties acknowledge that during the negotiations which resulted in this Agreement
the full understandings and agreement reached by the parties after the exercise of that right and
opportunity are set forth in this Agreement, This Agreement constitutes the entire agreement between
parties, and all other agreements written, oral, or otherwise are hereby canceled.
All features of this contract shall remain in full force and effect unless amended or abandoned by mutual
agreement through the 30th day of June 2020, If the parties are at impasse on this date then either
FOP Contract 2/10/2017 Page 21
party may request mediation through the Kentucky Labor Cabinet and the provisions of this Agreement
will remain in effect for an additional sixty (60) days.
Section 2. Between November 1 and 15, of 2019, either party may request in writing that
negotiations be opened to modify or renew this Agreement. Within 's0 days of receipt of the request to
open negotiations the parties will meet and schedule at least four (4) negotiating meetings to be held
between January 2 and March 1, 2020. Failure to reach tentative agreement in this timeframe may
result in a forty-five (45) day suspension of negotiations. On or about April 16 negotiations will resume
and if the parties come to an impasse, either party may request mediation services through the
Kentucky Labor Cabinet and the current Bargaining Agreement will be extended for sixty (60) days. If
there is no resolution through mediation or if the parties elect not to use mediation, then the City will
present its last, best, final offer to the Bargaining Unit for a ratificationvote.
Section 3. Nothing in this contract shall preclude the parties from mutually agreeing in writing to
amend the contract at any other time.
Signature Page
IN WITNESS WHEREOF, the parties have hereunto set their hand this day of
February 2017.
This Agreement, approved by final ordinance shall become effective July 1, 2017.
For the City of Paducah, Kentucky: For the Paducah Police
Department Bargaining Unit:
Brandi Harless Corey Willenborg
Mayor President
FOP Contract 2/10/2017 Page 22
Agenda Action Form
Paducah Cite Commission
\-leering Date: February 21. 2017
Short Title: The Professional Fire Fighters of Paducah Agreement (IAFF)
❑Ordinance ❑ Emergency ❑.Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson; Martin Russell; Jon Perkins, Steve Kyle, Kevin
McKellips, Heather Rushing
Presentation By: Martin Russell, Steve Kyle
Background. Information: The current contract with the Professional Fire Fighters of
Paducah expires June 30; 2017. Negotiations on the new contract began on January 10, 2017
and concluded on February 7, 2017. The City has been advised that the membership has
voted to approve the attached contract.
The Contract includes the following major terms and changes from the previous IAFF
contract:
• Administrative Changes:
c Changed Reference to all dates to reflect new 3 year contract (July 1. 2017 —
June 30, 2020)
o Updated wage table with proposed wage increases
o Dues Deduction section addendum to reflect recent state Right to Work
Legislation language
• Exchange of Duties and Union Business Leave:
o Added language indicating an employee can qualify for up to six (6) months
of work place coverage fi-oin qualified employees who voluntarily work or
donate unused vacation time (as long as no overtime is predicted to be needed
to maintain minimum staffing as contained in City policy and can't be granted
any earlier than 72 hours before the start of the covered shift) as his./her
replacement. The employee who is absent due to illness/injury will be paid
and voluntary replacement will not receive compensation from the City or will
have Vacation time deducted if approved.
• Acting Pay:
c Added language indicating Acting base wage rate
o Captains acting as Assistant Chief # 1 receive an additional S. 10/1101.11'
• Sick Leave and Pay:
o Employees shall accrue sick leave at the rate of 1 1/3 days per month up to:a
maximum of 150 days of sick leave time.
Agenda Action Form
Page 2
o Retirement Time Purchase. Employees that entered the system prior to 1-1-
2014 and selected the retirement time purchase benefit shall be allowed to
maintain the retirement time purchase option until retirement. When these
employees retire, the City will purchase one day of retirement credit for each
sick day accumulated up to a maximum one year's retirement credit (242
days). An employee must have a minimum of 50 days accrued sick time of
retirement to receive this benefit. This benefit is contingent on CERS
approval. Employees in the retirement time purchase group accrue sick leave
at the rate of 1 '/2 days per month up to a maximum of 242 days of sick leave
time.
c After an employee accrues 150 days in a given tear, any sick tithe earned after
that point within that year will be purchased by the City using the following
formula. Beginning sick time plus aruival accrual minus annual time used
divided by 3. Payment for these days shall be an ainount equivalent to one
day's pay multiplied by the value determined above. Payment for these sick
days shall be no later than the second paycheck of Eebruat}, of the following
month.
Wage Rates:
c Proposed awlual increases of 1.5%, 1.75%, 2.0° o in 2017. 2018. 2019
respectively
c Total wage and fringe benefit increase impact over the three year period is
estimated at $525,000, The calculation considered maintaining current staffing
levels.
Goal: ®Strong Economy ® Quality Services❑ Vital Neighborhoods❑ estored Downtowns
Funds Available: Account Name: -�/(•r l�j��
:Account Number: Einanc
Staff Recommendation: Approve an ordinance authorizing the Mayor to
execute the Agreement with the IAFF Bargaining Unit.
Attachments: Agreement between the City of Paducah and the Professional
Fire Fighters of Paducah, Local 168, International Association of Fite Fighters
Department Head
City Clerk
City Manager
ORDINANCE NO. 2017 -2 -
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BET`VEEN THE CITY OF PADUCAH AND PROFESSIONAL FIRE
FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute an
Agreement with the Professional Fire Fighters of Paducah, Local 168, International
Association of Fire Fighters.
June 30, 2020,
SECTION 2. This Agreement shall be effecti�,e from July 1, 2017 tlu-ough
SECTION 3. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tarnmara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, February 21, 2017
Adopted by the Board of Commissioners,
Recorded by Tammara S, Sanderson, City Clerk,
Published by The Paducah Sun,
\ord\fire\IAFF 2017-2020
AGREEMENT
BETWEEN
THE CITY OF PADUCAH
An
►
THE PROFESSIONAL FIRE FIGHTERS OF
PADUCAH, LOCAL 168, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS
Effective
July 1, 2017
through
June 30, 2020
Page 1
IAFF Contract 2/14/2017
Table of Contents
PREAMBLE .............................. 3
ARTICLE 1
DEFINITIONS ............................ .. .. .. .................................................3
ARTICLE2
RECOGNITION.................................................................................................................3
ARTICLE 3
MANAGEMENT RIGHTS.................................................................................................3
ARTICLE 4
PUBLIC OBLIGATION.....................................................................................................4
ARTICLE 5
PAYROLL DEDUCTIONS OF DUES................................................................................5
ARTICLE 6
NON-DISCRIMINATION.................................................................................................6
ARTICLE 7
DISCIPLINARY ACTION.................................................................................................6
ARTICLE 8
EXCHANGE OF DUTIES AND UNION BUSINESS LEAVE............................................6
ARTICLE 9
WORKWEEK AND OVERTIME.....................................................................................7
ARTICLE 10
CLOTHING/ACCESSORY ALLOWANCE...................................................................9
ARTICLE 11
VACATIONS.................................................................................................................9
ARTICLE12
HOLIDAYS..................................................................................................................10
ARTICLE 13
SENIORITY., .......................................................... ...................................................
11
ARTICLE 14
HEALTH INSURANCE............................................:..................................................11
ARTICLE 15
LIFE INSURANCE.....................................................................................................13
ARTICLE16
ACTING PAY ..... ................ -.... ...... ,...........................................................................
13
ARTICLE 17
SICK LEAVE AND PAY.............................................................................................14
ARTICLE 18
BENEFITS FOR INJURY IN THE LINE OF DUTY RESULTING IN WORKERS'
COMPENSATION...................................................................................................................................1s
ARTICLE 19
TRANSITIONAL DUTY............................................................................................16
ARTICLE 20
HEALTH AND SAFETY............................................................................................17
ARTICLE 21
LABOR/MANAGEMENT MEETINGS......................................................................17
ARTICLE22
WORK RULES ............... .................... —.....................................................................
19
ARTICLE 23
APPENDICES AND AMENDMENTS .....................................................................19
ARTICLE 24
CONCESSION ALLOWANCE....................................................................................19
ARTICLE25
SAVINGS CLAUSE.....................................................................................................20
ARTICLE26
GRIEVANCE PROCEDURE.......................................................................................20
ARTICLE27
WAGE RATES........................................................:...................................................21
ARTICLE 28
CONTINUANCE OF EXISTING MONETARY RIGHTS..........................................23
ARTICLE29
DURATION.. ....................... I ........... .... I ...... I-- ................................................
23
(AFF Contract 2/14/2017 Page 2
PREAMBLE
Whereas a referendum was held and whereas the City of Paducah, hereinafter referred to as the "City",
and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters,
hereinafter referred to as the "Union" have met and conferred, the parties agree to maintain and
promote harmonious relations between the City and Union, in order that efficient and progressive
public service may be rendered, as follows:
ARTICLE 1 DEF➢NIMMH
The parties agree that whenever in this Agreement a term such as "fire fighter", "fireman", "employees
of the Fire Department", "employees", or "members of the platoon" is used, the term refers to those
personnel expressly included in the bargaining unit as set out in Article 11, Recognition, and further this
Agreement in no manner whatsoever has any effect on the wages, hours, and working conditions of
other City personnel.
The parties agree that whenever in this Agreement the term "City" is used, the term refers to whomever
the Board of Commissioners has designated to exercise the right or discharge the obligation in question.
ilRT KLE 2 REDO, G1` IT110
The City hereby recognizes the Union as the exclusive collective bargaining representative for all
employees of the Fire Department of the City of Paducah in the classifications of Firefighter, Lieutenant,
Captain, and excluding the Fire Chief, Assistant Fire Chiefs, Training Officer, Fire Marshal, Deputy Fire
Marshal, administrative clerical personnel, probationary employees and excluding any non-uniform
personnel.
Sectionl.
Except as expressly modified by a specific provision of this Agreement, the City retains its sole and
exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City which
are not abridged by this Agreement include, but are not limited to, its right to hire and to be the sole
judge of qualifications of applicants. The City has the right to direct the working forces, to discipline or
discharge for just cause, to establish, maintain and modify departmental rules and procedures; to lay off
and recall; to be the judge of whom to promote and the methods and procedures for promotions; to
assign work; to transfer employees from one station to another in a manner most advantageous to the
City; to contract and to subcontract with outside contractors; to establish, modify or change manning of
apparatus, amount of apparatus in the fleet, etc.; the right to direct the members of the Fire
Department, including the right to hire, promote, or transfer any employee; the right to organize and
reorganize the Fire Department in any manner permitted by law including the size of the Fire
Department and the determination of job classifications; the right tc determine the method and
frequency of pay, the allocation and assignment of work to employees within the Fire Department in a
manner most advantageous to the City; to introduce new, improved or different methods and
techniques of operation or to change existing methods and techniques of operation; to establish basic
in-service training programs and requirements of upgrading the skills of employees with adequate
training; to determine the location, methods, means and personnel by which operations are to be
IAFF Contract 2/14/2017 Page 3
conducted; to establish, implement and maintain an internal security practice; to schedule overtime
above that called for in Section 1 of Article 9, vacations, days off and holidays off; to determine rank
based upon the duties assigned; to take whatever actions may be necessary to carry out the mission of
the City in dire emergency situations.
Section 2.
Failure by the City to exercise any of its rights shall not constitute a waiver of that right. The above
rights and powers are vested in the City; however, the exercise of these rights shall be subject to the
grievance procedure as expressly modified by the terms of this Agreement.
Section 3.
Promotions
Recommendations to the City Commission for Promotion to the ranks of Captain and Lieutenant will be
based on a weighing of evaluation of each Candidate's:
Annual Evaluations
Job Performance
Leadership
Initiative
Personnel Record
Assistant Chiefs' Comments
Resume
Education and Continuing Education
Interview Board ranking and notes
Seniority
After a promotion is made the Chief will provide on the request of any candidate not selected for
promotion a written summary of the candidates strengths and areas for improvement that were
weighted in considering the candidate for promotion.
This content of the summary is not subject to the grievance procedure.
Section 4.
Reductions -in -force:
The City agrees that any changes in the organizational Ordinance and/or Municipal Order for the Fire
Department by the City Commission that results in a reduction -in -force of employees represented by
Local 168 of the IAFF will require a thirty (30) day advance written notice to the Union. The purpose of
the advance notice is to give the Union opportunity to comment publicly to the Commission. Temporary
lay-offs due to budget shortfalls are not covered by this provision.
Section 1.
The Union shall not strike during the term of this Agreement.
IAFF Contract 2/14/2017 Page 4
Section 2.
Further, in consideration of this Agreement, the City shall not lock out its employees of the Fire
Department during the term of this Agreement.
Section 3.
Any member of the Bargaining Unit, who during the term of this Agreement participates in a strike
against the City of Paducah shall be deemed to have breached the terms of this contract and shall
further be deemed to be guilty of misconduct. Any person participating in such a strike in the Paducah
Fire Department will not receive pay or compensation from the City during the period he is engaged in
the strike. Any person participating in such a strike shall be subject to disciplinary action under the
provisions of KRS Chapter 95.
Section 4.
If the members of Local 168 engage in a strike against the City of Paducah during the term of this
Agreement, then it shall cease to be recognized as the exclusive representative of the employees and
shall be ineligible to act as their exclusive representative for a period of two years following the end of
the strike. In addition, the City shall be under no further obligation to make payroll deductions for union
dues for a period of two years following the end of the strike.
Section 5.
"Strike" means an employee's refusal, in concerted action with others, to report for duty, or willful
absence from the position, or stoppage of work, or abstinence in whole or in part from the proper
performance of the duties of employment, for the purpose of inducing, influencing, or coercing, or
protesting a change in the wages, hours, or other terms and conditions of employment, provided
however, a strike shall not mean an effort by an individual member of Local 168 who attempts, without
Union authorization, to influence, coerce, or change wages, hours, or other terms and conditions of
employment.
Section 1.
Employees of the Fire Department on the effective date of this agreement or employed thereafter, shall
have the option of becoming members of the Union after completion of 180 days of employment. Any
present or future employee who is not a member of the Union aftercompletion of 180 days of
employment shall, as a condition of employment, pay the Union a monthly service charge, which shall
be an amount equivalent to the amount of dues and assessments payable by the Union member. The
Union certifies to the Employer that the service charge charged nonmembers is in compliance with all
State and Federal laws, including requirements established by the U.S. Supreme Court for the
establishment of service and agency fees, and indemnifies the Employer for any award made against it
as a result of suits over the service charge.
The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be
current by the Secretary -Treasurer of the Local Union from the pay of those employees who individually
request in writing that such deductions be made. The total amount of the deductions shall remain in full
force and effect during the term of this Agreement.
fAFF Contract 2/14/2017 Page 5
Section 2.
The Union shall hold the City harmless against any and all claims, demands, suits or other forms of
liability that arise out of or by reason with action taken by the City in reliance upon employee payroll
deduction authorization forms submitted by the Union to the City.
Section 3.
The City shall provide each member of the Union's Executive Board with a copy of this Agreement and
the Union agrees to provide the City with a roster of the names of its Executive Board, their addresses,
and telephone numbers. The Union also agrees to notify, in writing, the City within five (5) days upon
the day that any change in the members of the Executive Board occurs.
"Addendum — Notwithstanding anything to the contrary therein, this section shall not be applicable
if any part thereof shall be in conflict with applicable State Law; provided, however, that if all of any
part of this section becomes permissible by virtue of a change in applicable State Law, whether by
legislative of judicial action, the provisions of this section held valid shall immediately apply.
ARTCLE 6 1,ION-DI,SCiRP1`UNATION
Section 1.
The City agrees not to restrain or coerce any employee because of any authorized employee activity in
an official capacity on behalf of the Union.
Section 2.
The Union agrees not to interfere with the rights of employees to not become members of the Union,
and there shall be no unlawful disparate treatment, restraint or coercion by the Union or its
representatives against any employee exercising the right to abstain from membership in the Union or
involvement in Union activities.
Section 3.
All references to employees in this Agreement designate both sexes, and wherever the male gender is
used, it shall be construed to include male and female employees.
ARTIICLE 7 DISC BPUP i`1AP V ACTM,[,J
The parties hereto agree that all disciplinary matters will be governed by the provisions of KRS 95,
provided however; an employee may voluntarily accept discipline, discharge, or demotion in lieu of
having charges preferred against him under the provisions of KRS 95. Any disciplinary action the City
takes that is covered by KRS 95 will not be subject to the Grievance Procedure.
AtR ICLL 8 CfSC AF\ f E CP DIj lT1LS AP]D LjNPOr�l B"USii,JcSS L E I'V
Section 1.
IAFF Contract 2/14/2017 Page 6
Upon approval of the Chief of the Department, or to the Assistant Chiefs to whom the Chief has
delegated the authority, employees may exchange duty by "trading tune" with each other on a
voluntary basis in instances including, but not limited to, situations where a member has depleted
his/her paid leave allowances and continues to be unable to return to duty; attendance at professional
or Union conferences and schools, any official Union business, and such other situations where the
member's absence could not otherwise be compensated for purely personal reasons. Work back and
exchange of duties, as provided for herein shall in no way result in credit for extra compensation for the
one performing the duty in the form of overtime or other provisions for increased pay. The approval of
the Chief of the Department or the Assistant Chiefs to whom the Chief has delegated the authority shah
not be unreasonably withheld. Both employees involved in the exchange of duty must follow the City's
procedure which limits the number of "trading time's" to eighteen 24 hour exchanges (432 hours)
annually each for personal use and for union business leave. Sick time work back is defined further
under Section 2. The Chief will maintain records of all exchanges and work back and verify compliance
with City record-keeping requirements and 29 USC par 207 (p) 3, 803 KAR 1:063, KRS 337.020 and others
as they become applicable.
Section 2,
An employee who has exhausted his/her paid leave due to an extended sick leave absence from illness
or non -work related injury and had as much as two-thirds (2/3) of their earned sick leave available at the
beginning of the absence qualifies for up to six (6) months of work place coverage from qualified
employees who agree to voluntarily work or donate unused vacation time (as long as no overtime is
predicted to be needed to maintain minimum staffing as contained in City policy and can't be granted
any earlier than 72 hours before the start of the covered shift) as his/her replacement. The employee
who is absent due to illness/injury will be paid and the voluntary replacement will not receive
compensation from the City or will have vacation time deducted if approved. Under unusual
circumstances where a member does not have 2/3 of their sick time available at the beginning of the
absence who does not qualify for sick time work back, the affected employee can petition through a
labor management meeting to qualify for sick time work back.
Section 3.
The City agrees that members of the Union negotiating team, but in no event more than three (3)
employees, shall, if on duty, be allowed to participate in negotiations without loss of pay for up to a
total of ninety (90) hours compensated (each employee participating while in a work status will have his
hours counted toward the total 90 hours allowed) for negotiations sessions mutually agreed to by the
City. Nothing herein prevents additional negotiating sessions between the City and the Union except
that the City will not be responsible for loss of wages beyond that previously described.
Section 4.
The City agrees that a Union representative and one grievant, regardless of whether more than one
employee of the Fire Department is involved in the grievance, shall be allowed time off to attend any
meeting held pursuant to the grievance procedure (Steps 1 through 4) in Article 26 of this Agreement
without loss of pay if on duty.
_FRM�C LOL E 9 V,1OFA IVVEEM ANDI OVERT IM E
Section 1.
IAFF Contract 2/14/2017 Page 7
The Fire Department shall be divided into three platoons. Each platoon shall be on duty for twenty-four
(24) consecutive hours, after which the platoon serving twenty-four (24) hours on duty shall be allowed
to remain off duty for forty-eight (48) consecutive hours except in cases of dire emergency.
Section 2.
The change time or designated time that each platoon shall change shifts shall be at 6:40 a,m. each day.
Section 3.
All hours worked in excess of forty (40) hours per week shall be compensated for at a rate of one and
one-half times the regular straight -time hourly rate.
Section 4
a) When an employee is called in and required to work overtime, he shall receive a minimum of six (6)
hours of overtime at one and one-half his regular straight -time hourly rate, regardless of whether such
employee worked a full six (6) hours or not. In the event the employee works beyond six (6) hours
during the same overtime period, said employee shall receive time and one-half pay for each hour or
part of an hour after the six (6) hour period expires (partial hour worked shall be considered a full hour).
b) An employee required to work beyond the end or before his regularly scheduled work shift shall
receive overtime compensation for the actual hours worked at one and one-half the employee's regular
straight -time hourly rate before and after each shift. In the event the employee works beyond two (2)
hours, the employee shall receive four (4) hours overtime at one and one-half his regular straight -time
hourly rate. In the event the employee works beyond four (4) hours during the same overtime period,
said employee shall receive time and one-half pay for each hour or part of an hour after the four (4)
hour period expires (partial hours worked shall be considered a full hour)
c) Employees voluntarily accepting overtime scheduled by the end of their previously scheduled work
shift shall receive a four (4) hour guarantee of overtime at one and one-half times his regular straight -
time hourly rate. This provision does not have any impact on working into the beginning of an
employees scheduled work shift and a partial hour worked shall be considered a full hour.
d) Employees voluntarily accepting overtime to participate in an administrative capacity or to assist with
training shall receive overtime compensation for 2 hours minimum atone -half times his regular straight -
time hourly rate. This provision does not have any impact on working into the beginning of an
employee's scheduled work shift and a partial hour worked shall be considered a full hour.
e) In the event that a member of the bargaining unit is subpoenaed to testify in a court of competent
jurisdiction for reasons directly relating to their official capacity with the Fire Department while off duty,
they shall be compensated as set forth in this Section.
Section S.
There shall be no pyramiding of overtime.
Section 6.
Payroll shall be biweekly.
IAFF Contract 2/14/2017 Page 8
/�:R,T?C7,E 10CLC',T?1NG,/ACC SS,0- T1,Y' ,AL101VANICE
The Fire Chief shall determine the appropriate uniform to be worn by bargaining unit employees and
employees shall be required to be in proper uniform while on duty. The City, by a vendor credit system,
will provide a one-time payment of $450 for the purpose of purchasing dress uniforms. In addition, the
City will provide $900 per employee to be distributed in two installments, $450 on January 1 and $450
on July 1 of each year. Any remaining balance in an employee's uniform account on December 31 may
be carried over. Up to $200 of each year's clothing allowance may be used to purchase equipment
items approved by the Chief in Fire Department Labor Management meetings. Each fire fighter will be
able to purchase required clothing as needed in keeping with purchasing procedures established by the
City and policies of the department established by the Fire Chief. The City at no cost to the Firefighter
will replace Clothing/accessories torn or damaged during the performance of the Firefighter duties.
ARTICLE 11 VACATIONS
Section 1.
All platoon employees working shifts of 2.4 hours on duty and 48 hours off duty shall receive vacation
time as follows, based upon the number of years of service completed:
A. From the beginning of employment — End of the 3rd year - the accrual rate shall be 10
hours per month for a total of five (5) twenty-four (24) hour shift days.
B. From the beginning of the 4th year — End of the 10th year - the accrual rate shall be 12
hours per month, for a total of six (6) twenty-four (24) hour shift days per year.
C. From the beginning of the 11th year — End of the 15th year - the accrual rate shall be 14
hours per month for a total of seven (7) twenty-four hour shift days per year.
D. From the beginning of the 16th year — End of the 20th year - the accrual rate shall be 16
hours per month for a total of eight (8) twenty-four hour shift days per year.
E. From the beginning of the 21st year— End of the 2Sthyear - the accrual rate shall be 18
hours per month for a total of nine (9) twenty-four hour shift days per year.
F. From the beginning of the 26th year - the accrual rate shall be 20 hours per month for a
total of ten (10) twenty-four hour shift days per year.
Vacation pay for platoon personnel shall be computed at the member's rate of pay times the hours
absent during the pay period, and full credit shall be given for regularand overtime pay as if the
member had actually worked his scheduled shift of 24 hours on duty and 48 hours off duty. Each
member may accrue up to a maximum of twenty-five (25) days of vacation pursuant to the provisions of
Section 4 of this Article.
Section 2.
No member of the bargaining unit shall be entitled to take more than their annual leave as defined by
Section 1 or Section 2 above.
Section 3.
fAFF Contract 2/14/2017 Page 9
The Fire Chief will prepare a schedule for vacations and holiday leave time. The schedule will contain 20
leave slots with 3 individual slots each. There will be 6 slots with 3 members in each of the six slots. The
3 man slots will increase by two slots each time manning rises by 1 member over 22 on each crew.
The first week in December the Fire Chief shall bid vacation leave by seniority on each crew until the
youngest member in seniority has chosen. Then by seniority holiday leave is chosen until youngest
employee has been chosen.
Members of the bargaining unit with fifteen (15) years of service shall have accrued vacation time not
taken in the year accrued placed in a vacation bank. The maximum hours to be accumulated in the
vacation bank is 600 hours for platoon employees. Time in the vacation bank shall be used only in case
of extended disability when an employee has used all of their sick leave. No employee with less than
fifteen (15) years of service will be permitted to put time in the vacation bank, except employees with
between ten (10) and fifteen (15) years of service may place their one (1) unscheduled day in the
vacation bank, Once the employee's vacation bank reaches 600 hours, the employee will be required to
schedule their vacation in the year in which it is accrued. Failure of the employee to request said
vacation time shall result in the loss of that vacation.
Section 4.
Members of the bargaining unit may trade vacation time with the approval of the Fire Chief or the
Assistant Chief to whom the Chief has delegated the authority.
Section 5.
Upon the termination of employment with the City a member of the bargaining unit shall be paid for all
accrued and unused vacation time up to the maximum amounts permitted to be accrued under the
provisions of Section 1 and Section 2 above.
Section 6.
Notwithstanding any of the above provisions, any vacation hours accrued during the year that equal less
than 24 hours (hours accrued due to an increase in years of service) or in unusual situations whereby the
fire fighter is unable to utilize earned vacation hours during the year, he may be allowed to temporarily
increase his accrued vacation balance in excess of the 600 hours, regardless of the years of service, with
the approval of the Fire Chief, These hours should be taken in the next calendar year, if possible.
APRTICL'E 12 il- OL9D<<M
Section 1.
Members of the Fire Department working as a member of a platoon performing duty in shifts of 24
hours on duty and 48 hours off duty shall be given the holidays listed in Section 2 with a credit of 2
holidays per 24 hour shift and they shall be compensated for such holidays at their average earnings
including regular and overtime pay for a 56 -hour workweek. Holidays wN be scheduled as described in
Article 11, Section 4.
Section 2.
All members of the bargaining unit within the Fire Department shall receive the following 11 holidays:
New Year's Eve
New Year's Day
IAFF Contract 2/14/2017 Page 10
Martin Luther King Jr. Day
Memorial Day (Monday Observance)
Independence Day
Labor Day
Thanksgiving Day
The day immediately following Thanksgiving Day
Christmas Eve
Christmas Day
Personal Day (July 1)
Section 3.
A Personal day shall be part of the 11 holidays granted each calendar year, but shall be scheduled as July
Section 4.
Whenever a member of the bargaining unit works on a legal holiday, the said member(s) shall be paid
two (2) times his hourly rate of pay for an additional eight (8) hours for wcrking on said holiday. In order
to receive holiday pay, a bargaining unit member must work at least 6 hours on said holiday. In the
instance of exchange of duty, the employee whose shift is being worked will receive the holiday pay. A
legal holiday is defined as any of the holidays set forth in Article 12, Section 2.
Section 5.
Whenever the City Commission designates a City-wide holiday in addition to those mentioned in Section
2 above, members of the bargaining unit shall be granted an additional holiday and compensated as
described in Section 1 above. Closing of city offices due to weather or other emergencies are not
considered a holiday.
PR ITIU , 13 SEN30 CITY
In the case of a personnel reduction, the employee with the least seniority shall be laid off first. Time in
the Fire Department shall be given the utmost consideration. No newernployee shall be hired until the
laid -off employee has been given the opportunity to return to work,
ARTICLE 141iIJAL TH Ii1,,1S1URANUP_
The City will continue to offer a group health insurance plan "Plan" to a`:l full-time employees and/or
retirees who qualify for and participate in the City's Plan, whereby participation is defined under the
terms and conditions set forth during each annual renewal period or any intervening period as
permitted by the summary plan description.
Section 1.
If during the term of this agreement, the City chooses to maintain its grandfathered status for the City's
self-funded insurance plan in place as of March 23, 2010, it agrees to adhere to the following prescribed
mandates currently in effect, in addition to any other limitations imposed by the 2010 Healthcare
Reform Legislation as adopted and considering any future amendments, unless repealed:
a) Elimination of Benefits- The City agrees not to eliminate all or substantially all benefits to
diagnose or treat a particular condition under the "Plan,"
[AFF Contract 2/14/2017 Page 11
b) Increase in Percentage Cost -Sharing- The City agrees not to increase (measured from March 23,
2010) the percentage cost-sharing (e.g,, an increase in co-insurance paid by covered
employees).
C) Increases in Fixed -Amount Cost -Sharing- The City agrees to adhere to the regulations governing
increases in fixed amount cost-sharing (e.g., deductibles or co -payments) measured from March
23, 2010. The City will not increase fixed cost sharing above an inflationary adjustment of up to
15% above medical inflation fixed -amount cost-sharing other than co -payments (such as a
deductible), Medical inflation is defined by reference to the overall medical care component of
the Consumer Price Index for All Urban Consumers (CPI -U) (unadjusted) published by the
Department of Labor (OMCC). For co -payments, The City agrees not to increase (measured
from March 23, 2010) the fixed -amount co -payments above the greater of (1) $5, increased by
medical inflation; or (2) 15% above medical inflation.
d) Decrease in Rate of Employer Contributions—The City agrees not to decrease its contribution
rate (whether based on a formula or on cost of coverage) for any tier of similarly situated
individuals by more than 5 percentage points below the contribution rate on March 23, 2010. In
the case of a self-insured plan, contributions by an employer or employee organization are equal
to the total cost of coverage minus the employee contributions toward the total cost of
coverage.
Section 2.
If during the term of this agreement, the City chooses to join the KEHP (Kentucky Employees' Health
Plan), the City agrees to adhere to the contribution rates as set forth by the State of KY, during renewal
and open enrollment windows annually.
Section 3.
If during the term of this agreement, the City finds it necessary to seek an alternative arrangement
(other than the arrangements described in Sections 1 and 2) for providing health care benefits to its
employees, it agrees to provide coverage to its participating employees with cost sharing arrangements,
coinsurance, and deductibles that are substantially equivalent compared to the plan(s) offered for the
plan year 2011, unless said benefits have been modified as a result of federal or state legislation.
(Appendix 2 Summary of Benefits 2011)
Section 4.
The City will not reimburse for any expenses paid for by any other insurance carrier, including Worker's
Compensation or for any other medical expenses which are not covered medical expenses under The
Plan or which are not considered as usual, customary or reasonable, or considered medically necessary,
Section 5.
If either the Commonwealth of Kentucky or the federal government enacts legislation that modifies the
benefits provided bargaining unit employees, nothing in this Article will prevent the City from adhering
to the mandates as prescribed by law.
Section 6. The terms and conditions of the Health Insurance Plan control as to all questions, including
eligibility, benefits provided, and the amount of benefits.
]AFF Contract 2/14/2017 Page 12
Section 7, The City retains the right to enact procedural changes during the Agreement to attempt to
control costs,
ARTICLE IS L I F E I} U RAiNCE
Section 1.
The gross premiums for life insurance shall be paid by the City of Paducah, All earned dividends on such
insurance policy or policies shall be paid to the City and shall be and become a part of the general fund.
Section 2.
The life insurance benefit on an employee's life shall be in the face value amount of $12,500 to be paid
upon the employee's death. The City agrees to provide a double indemnity benefit for any employee
killed in the line of duty which will be $50,000 or equal to any public safety employee to be paid upon
the employee's death. The Union, however, recognizes the City's right to switch insurance carriers as
long as the City continues to provide equal or better benefits,
Section 3,
Upon retirement an employee participating in the group insurance plan may continue his coverage in
the amount of Four Thousand Dollars ($4,000) for which the retiree shall pay a monthly premium of fifty
(50%) percent of its cost. The City shall pay an amount not to exceed Fifty percent (50%) of the total
monthly premium. In no event shall the City pay more than Fifty percent (50%) of any such premium.
Section 4.
The parties agree that the insurance policies control all conditions for eligibility and terms of coverage,
conditions under which benefits shall be paid and the amount of said benefits to be paid.
Section 5.
A copy of the current Life Insurance Policy and any changes in its terms or a change in carriers will be
Given to the Union President.
Section 1.
In the event employees of the Fire Department act in a position of responsibility higher than the position
the employee holds, and the temporary assignment is to be for greater than 10 consecutive 24 hour
shifts (excluding unscheduled overtime and training assignments lasting less than 10 consecutive shifts),
then the wage rate of the employee will be adjusted according to the wage rate the employee would
receive if he were actually in the higher rated classification, For the purposes of determining the 10
consecutive shifts, one of the 10 shifts may be less than 24 hours but must be greater than or equal to
12 hours. The wage rate for a Captain acting as an Assistant Chief will be his Acting base wage rate plus
$1,25 per hour. The adjusted wage rate will be paid in a manner corresponding with the actual dates
working in said acting position. Employees filling positions of higher classification on intermittent or
short-term bases are expected to perform those duties as part of their classification responsibility*.
Section 2.
There will be $.80 cents per hour for each shift and it will be distributed according to the expected
utilization of Captains filling the role of Assistant Chief, the actual numbers of Captains receiving the
IAFF Contract 2/14/2017 Page 13
additional compensation and who will receive the compensation is subject to assignment by the Fire
Chief (Captains subject to acting as Assistant Chief #1 will receive + $.60 per hour, in Acting base wage
rate, Acting Assistant Chief #2 will receive + $.15 per hour in Acting base wage rate, and Acting Chief
#3 will receive +$.05 per hour, in Acting base wage rate). Additionally, Firefighters appointed to
Relief Driver status will be made by seniority with consultation by the Fire Chief and the appropriate
Captain(s) and final approval by the City Manager.
Section I.
Members of the platoon in the Paducah Fire Department working shifts of twenty-four (24) hours on
duty and forty-eight (48) hours off duty shall be charged with two (2) sick leave days for one shift period
for twenty-four (24) hours of illness. One (1) day of sick leave will be charged for a period of illness up to
twelve (12) hours. Compensation for sick leave shall be computed at the member's rate of pay times
the hours absent during the pay period, and full credit shall be given for regular and overtime pay as if
the member had actually worsted his scheduled shift of twenty-four (24) hours on duty and forty-eight
(48) hours off duty as required by KRS 95.500.
Section 2.
A sick day shall be defined as a minimum of one twelve (12) hour period of illness or absence because of
the death or illness of relatives as set forth in Section 78-33 of the Code of Ordinances of the City of
Paducah as is in effect on the date of the execution of this agreement or as subsequently amended.
Section 3.
Employees shall accrue sick leave at the rate 1 1/3 days per month up to a maximum of 150 days of sick
leave time. Exception to this is noted in Section 6.
Section 4
Retirement Time Purchase: Employees that entered the system prior to 1-1-2014 and selected the
retirement time purchase benefit shall be allowed to maintain the retirement time purchase option until
retirement. When these employees retire, the City will purchase one day of retirement credit for each
sick day accumulated up to a maximum of one year's retirement credit (242 days). An employee must
have a minimum of 50 days accrued sick time at the time of retirement to receive this benefit. This
benefit is contingent on CERS approval. Employees in the retirement time purchase group accrue sick
leave at the rate of 1 % days per month up to a maximum of 242 days of sick time.
Section S.
Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be entitled to
the same unused sick leave benefits option as elected by the employee, either the retirement time
purchase benefit described in Section 4 above or the payment alternative described in Section 6 below.
Section 6.
Payment alternative: Members of the bargaining may elect the following benefit in lieu of the
retirement time purchase described in Section 4.
IAFF Contract 2/14/2017 Page 14
Upon retirement, employees electing the payment alternative who have over 50 days of sick leave
accumulated shall be paid an amount equivalent to one day's regular pay for all sick days accumulated
over 50 days up to a maximum of 70 day's pay.
Exception to Section 3. After an employee accrues 150 days in a given year, any sick time earned after
that point within that year will be purchased by the City using the following formula, Beginning sick time
plus annual accrual minus annual time used divided by I
(Beginning sick time (max 150 daysl + annual accruall —Annual time used
3
The payment for these days shall be an amount equivalent to one day's pay multiplied by the value
determined above. Payment for these sick days shall be no later than the second paycheck of February
of the following year.
Section 7.
Members of the bargaining unit working on a forty (40) hour week schedule shall be governed by
Section 78-33 of the Code of Ordinances of the City of Paducah as was in effect on the date of the
execution of this agreement or as subsequently amended.
Section 8.
'rhe City and the Union agree to abide by the rules and regulations governing sick leave as set forth in
the Code of Ordinances of the City of Paducah as is in effect on the date of the execution of this
Agreement or as subsequently amended.
Section 9,
An employee on sick leave shall inform the Department or as directed by the Fire Chief, of the fact and
the reason therefore as soon as possible but at least by 6:00 a.m. prior to the start of his scheduled shift
and failure to do so within the first day of absence may, at the discretion of the City Manager, be cause
for denial of sick leave with pay for the period of absence.
Section 10.
The Fire Chief may require an employee to take an examination, conducted by a licensed physician,
designated by the Employer, to determine the physical or mental capability to perform the duties of his
position, The Employer shall pay the cost of the examination.
Section 11.
Falsification of either the sick leave request or a physician's certificate or using sick leave for purposes
other than which it was granted shall be grounds for disciplinary action up to and including discharge.
ART1CLE 1� SKENE_r 1'1 S FOR �NJUFRY t THE LINE CF DUTY > ESU, LT7i2�if; Iij
VIOi>oo9<ERS' c4✓OMPENSA iT9�DN
Section 1.
This Article applies only to full-time paid Members.
IAFF Contract 2/14/2017 Page 15
Section 2.
Should a Member receive an injury requiring the payment of Workers' Compensation rendering him
temporarily unable to perform his duties for more than 7 calendar days, thereafter the City shall allow
the injured worker to supplement the Member's Workers' Compensation benefits by utilizing 8 hours of
their accrued sick time at straight time rate for every subsequent 7 calendar days.
It is agreed that this benefit supplements benefits to which a Member may be entitled
under applicable Worker's Compensation law, is not excluded from income pursuant to
26 U.S.C. 104 or 26 C.F.R. 1.104-1(b), and is a taxable benefit . The Member expressly
authorizes the City to withhold applicable taxes from the Member's pay in accordance
with such understanding.
It is agreed that the Member and the City shall include any benefits hereunder in
computing a Member's salary for contributions to CERS by the City and the
Member. Furthermore, the Member and the City shall continue to contribute to CERS
during the time any benefits are paid under this Article.
C. It is agreed, that this benefit merely allows a Member to utilize accrued sick leave and
does not confer upon any Member any additional sick time benefit not otherwise
available.
d. This benefit is not available to any Member if the Member has restrictions that can be
accommodated with transitional duty or full duty.
e. This benefit is not intended to create any expectation of continued employment.
Furthermore, this benefit is not available if a Memberis no longer employed by the City.
f. It is agreed that a member may utilize sick time, if available, during the waiting period,
unless it is determined that Workers' Compensation must go back and pick up that
period. In such case, the member must repay the city the net pay received, and the city
will restore their sick leave balance.
Section 1,
The City agrees to consider offering transitional duty to firefighters asoutlined in the Return to Work
(RM — 8) policy effective August 18, 2008.
Section 2.
Transitional duty platoon members would move to a 40 hour work week and to abide by the provisions
of RM — 8 including:
a) The City agrees to pay a firefighter on transitional duty an hourly rate equal to that firefighter's
hourly rate x 3328 divided by 2080.
b) The IAFF understands the policy which prohibits engaging in outside employment in which the
injured worker may reasonably be expected to perform work beyond their restrictions. Further,
it is the worker's responsibility to report outside wages to the workers' compensation adjuster
in a manner that can be adequately verified.
C) The IAFF understands that failure to accept a transitional duty assignment that is offered could
jeopardize indemnity benefits and agrees to have the firefighter use sick time in the event the
firefighter declines a transitional duty offer.
IAFF Contract 2/14/2017 Page 16
d) The City agrees that while on transitional duty the firefighter will retain accruals toward
retirement and will not experience benefit interruption.
e) It is mutually understood that while working a 40 hour transitional duty shift, no work is
expected on holidays. The firefighter can choose to use their Holiday pay if still available at the
time needed, or can choose to use sick time if Holiday pay has already been expended.
kR, TIC1, E 20 HEALTH AND SAFETY
Section 1.
It is the desire of the City and Union to continue to maintain the best possible standards of safety and
health in the Fire Department.
Section 2.
In promotion of this policy, the City agrees to provide reasonable funds and make reasonable provisions
for safety equipment and sanitary health and safety protection for all employees.
Section 3.
In further promotion of this policy, the Union and employees agree to cooperate fully with the City in
order to promote safety in operation; and all employees will cooperate with the City in promoting safety
by the observation of all safety regulations, keeping alert to discover unsafe conditions or defective
equipment, and to this end, will promptly report the same to their immediate officer. Upon receiving
such a report, the City Safety Officer shall promptly investigate and give a written report to the
committee.
Section 4
The City and the Union shall appoint three (3) members each to the Occupational Safety and Health
Committee. This committee will meet quarterly and discuss safety and health conditions.
Section 5.
All reports required by the Kentucky Department of Labor under the Occupational Safety and Health Act
of 1970 dealing with accidents, injuries, deaths and illnesses maintained by the Fire Department shall be
made available to the Safety Committee Members.
Section 6.
The parties agree that a Committee consisting of three (3) Union and three (3) management personnel
will be appointed to develop a Fire Department -wide physical agility testing program to be submitted to
the Fire Chief for his approval.
Once the physical agility testing program has been mutually agreed upon, the parties agree to initiate
the annual, voluntary, on duty physical testing program. Successful completion of the examination will
result in a $250 incentive to be credited to an employee's medical spending account in accordance with
the terms of the City's Section 125 cafeteria plan, as well as federal guidelines governing medical
spending accounts or in the employee's deferred compensation account of choice, subject to the terms
and limitations of the deferred compensation plan.
RMCM2:1 LAB,0111RI IANA(�GYI .�lENT M7L
Section 1,
IAFF Contract 2/14/2017 Page 17
The City and the Bargaining Unit recognize the responsibility each have to make full use of the
knowledge, talent and commitment of all who are involved in the delivery of fire services to the citizens
of the City. The City and the Bargaining Unit recognize the benefit to each of exploration and study of
the department to provide the highest standards of service. Towards this end, the City and the
Bargaining Unit agree to create and maintain Labor Relations Meetings, in conjunction with the other
bargaining units recognized by the City, as an active forum for the exploration of mutual concerns.
Section 2.
The City and the Bargaining Units shall use this forum not as a substitute for collective bargaining or as a
mechanism for modifying the Agreement; rather the forum is seen as an adjunct to the collective
bargaining process and as an aide in implementing and maintaining the Agreement. This forum will also
be useful as a place to discuss issues which arise outside of the context of collective bargaining but
which represent impediments to a quality work environment, or which threaten the department's ability
to deliver fire services in the most efficient manner possible. No issuethat is the subject of a pending
grievance will be decided in this forum unless mutually agreed to by the City and the Bargaining Units. It
is the expectation of both parties that the free flow of information and the active discussion of common
concerns will positively influence both the decisions made by each party and the chances for acceptance
of those decisions.
Section 3.
Department management and [AFF representatives shall meet at least b times per year. The designated
representatives from the City and the Bargaining Units will arrange the time, place and agenda. Other
meetings between the parties can be held anytime by request of either party. Time and arrangement
for such meetings will be set by the designated representatives from the City and the Bargaining Units.
Section 4.
The purpose of such meetings shall be to:
a. Discuss the administration of the Agreement;
b. Discuss grievances which have not been processed to the Second Step of the procedure when
such discussions are mutually agreed to by the parties;
C. Notify the Bargaining Units of changes made or contemplated by the City which effect
Bargaining Unit members;
d. Disseminate general information of interest to the parties;
Give the Bargaining Unit Representatives the opportunity to share the views of their members
and/or make suggestions on subject of interest to their members, including interpretations of
the Agreement where such discussion may prevent the necessity of filing a grievance.
Discuss ways to increase productivity and improve efficiency.
Section 5.
a. For each person selected to represent the Bargaining Unit at the Labor Relations meetings, the
City will consider up to two hours per meeting of such serviceto be a part of his or her job
duties when the meeting occurs during the assigned work hours of the representative.
However, such meetings shall not be scheduled so as to result in the payment of overtime for
any designated representative to attend said meeting.
b. It is further agreed that if a special labor-management meetings have been requested, and
mutually agreed upon, they shall be convened as soon as possible.
IAFF Contract 2/14/2017 Page 18
AI11� 71 CLE %r 1,1111V �'R iK R�l?LEll E
Section 1.
The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals, has
the right to promulgate work rules, regulations, policies, procedures and general orders.
Section 2.
The City agrees that no work rules, regulations or employment policies shall be established that are in
violation of any express terms of this agreement.
Section 3.
Any additions or amendments to the work rules, regulations, policies, procedures and general orders
shall be reduced to writing, posted on the department bulletin boards and copies distributed to
members of the Bargaining Unit five (5) days prior to implementation; however this section does not
limit the right of the City, to meet emergency or operational needs, to implement any work rules or
regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period.
The addition or amendment shall be dated and state its effective date. Each employee shall sign to
acknowledge receipt of same,
A ifa71 DL r 2J i' P>PENDI(ar.EES AND A ]ENdDNIF1"Jrl J
All appendices and amendments to this Agreement shall be numbered (or lettered), dated and signed by
the responsible parties.
APR 11,C;LE 24 0flNEE SS't0N ALLOIjVA1' EE
The City will provide funds to each fire station on a quarterly basis. These funds will be used by the fire
fighters to purchase staples, condiments and other items used by the members at the station. The
monthly allocation will be dispersed by the Finance Department to the Fire Chief by means of petty
cash. The Fire Chief will then disperse the funds to the officer in charge of each station quarterly based
upon receipt of such funds. The monthly allocation of this allowance will be as follows:
Station #Amount
$100
$100
$100
$100
$100
IAFF Contract 2/14/2017 Page 19
ARTICLE 2_1; 5VJ,il., S 5 CLAUSF
If any provision of this Agreement or the application of such provision should be rendered or declared
invalid by any court or agency action or by reason of any existing or subsequently enacted State or
Federal legislation or regulation, the remaining provisions of this Agreement shall remain in full force
and effect.
s�11I11EF?i�EVANCPROCEDURE
A grievance is defined as any dispute between the City and the Union and/or an employee concerning
the interpretation, application, or compliance with the terms of this Agreement, A working day is
defined as any day City Hall is open for business.
Grievances shall be processed in the following manner:
Union's Grievance Committee shall receive all grievances in writing and shall determine whether or not
a grievance exists.
Step 1.
Within five (5) working days of the receipt of the grievance and if it is determined that a grievance exists,
the Grievance Committee shall present the written grievance to the Fire Chief for adjustment. The
grievance must be presented within ten (10) working days after the occurrence of an event or action
that causes a non -probationary employee to feel aggrieved. No grievance presented after ten (10)
working days will be considered under these procedures. The grievance must state the contract
provisions(s) violated, the relief sought, the facts supporting the grievance, and must be signed by the
aggrieved employee. The Fire Chief shall within ten (10) working days of receipt of the grievance
forward his written response to the Union Grievance Committee.
Step 2.
If the grievance is not resolved in Step 1, the Union Grievance Committee shall within five (5) working
days after receiving the written response of the Fire Chief, forward a written appeal to the City
Manager, If necessary, the City Manager may meet with the aggrieved employee and Union
Representative within 10 working days to discuss the grievance. The City Manager shall within ten (10)
working days of the receipt of the appeal hold a meeting with the Union Grievance Committee with the
aggrieved employee present when practicable. The City Manager shall forward his written decision on
the grievance within ten (10) working days of the meeting to the Union Grievance Committee with a
copy to the Union President.
Step 3.
Mediation If the grievance is not resolved at Step 2, and the employee and the Union desire to proceed
with the grievance then the employee and the Union, within ten (10) working days may request
mediation by the Kentucky Department of Labor or any other mutually agreed upon mediator. The
mediator shall have five (5) working days to set a date for the mediation hearing within thirty (30)
working days. The mediator shall attempt to mediate the dispute atthe hearing. Should the mediator
fail to resolve the dispute, then either party may request a written advisory opinion from the mediator.
The mediator shall be without power or authority to alter, amend or modify any of the terms of this
IAFF Cont;'act 2/14/2017 Page 20
Agreement the advisory opinion of the mediator shall be submitted in writing within a reasonable time,
but not later than thirty (30) working days after the date of the hearing. The parties expressly agree that
the City and the Union both have the right to accept or reject the mediator's decision.
Step 4:
If the grievance remains unadjusted, it may then be presented by the Union to the Board of
Commissioners in writing within three working days after the response of the mediator is due. The
written statement of appeal of the grievance shall set forth all the reasons and grounds for the
grievance and the appeal to the Board together with a statement of the relief sought. A copy of all
previous written documents involved in the action shall be attached to the grievance and made a part
thereof. The grievance will be placed on the Commission agenda within three weeks after it is
presented and shall be heard in public session. A vote of three Commissioners will be required to deny
the grievance. The decision of the City Commissioners is final and binding upon the parties, unless said
decision is found to be arbitrary and capricious by a Court of appropriate jurisdiction.
Expenses for the mediator's services in the proceedings shall be borne equally by the City and the Union
provided. However, each party shall be responsible for compensating his/her own representatives and
witnesses. If either party desires a transcript of the proceedings, it rnay cause such a record to be made,
but shall bear the cost, unless the transcript is taken by mutual agreement. Each party shall be
responsible for providing his/her own copy. In the event the mediator requires a verbatim record of the
proceedings, the original transcript shall be borne equally by both parties.
�R TlI l:,l E 2 7 `y?I/�t�FRATES
Article 26, Wage Rates, is hereby amended to read as follows:
Section 1.
The parties agree that the employees covered herein will be paid, as set out in Section 2 of this Article.
Section 2. Wage rates shall be paid as follows effective the first bi-weekly payroU of each year:
Lieutenants
< 10 years
Payroll July
Payroll July
Payroll July
Captains
2017
2018
2019
< 10 years
17.77
18.08
18.44
10 years
17.89
18.20
18.56
15 years
17.98
18.29
18.66
20 years
18.16
18.48
18.85
Lieutenants
< 10 years
16.56
16,85
17.19
10 years
16.77
17.06
17.40
15 years
16.88
17.18
17.52
20 years
17.04
17.34
17.69
IAFF Contract 2/14/2017 Page 21
Firefighter
12.75
12.97
1123
Relief Driver
13.75
13.99
14.27
2 years
14.86
15.12
15,42
3 years
15.06
15,32
15.63
4 years
15.11
15.37
15.68
5 years
15.33
15.60
15,91
10 years
15.45
15,72
16.03
15 years
15.55
15.82
16.14
Firefighter
Appointee
12.75
12.97
1123
6 months
13.75
13.99
14.27
1 year
14.04
14.29
14.58
2 years
14.23
14.48
14.77
3 years
14,43
14.68
14,97
5 years
14.71
14,97
15.27
10 years
14.83
15.09
15.39
15 years
14.93
15.19
15.49
(a) Captains, Lieutenants, Firefighters -Relief Driver and Firefighters shall be paid the aforesaid hourly
rates during each weekly period beginning Thursday and ending Wednesday for the first forty (40)
hours of duty, and at one and one-half times said hourly rates for each duty hour in excess of forty (40).
(b)Firefighters appointed to Relief Driver Status will be made by seniority, provided that said firefighters
have passed all associated qualifying testing as stated in department policy, with consultation between
the Fire Chief and the appropriate Captain(s) and final approval by the City Manager.
Section 3.
Based on comparative pay studies, the City may unilaterally increase the wage rate of any rank within
bargaining unit position or classification,
Section 4,
Beginning July 1, 2017, prospective wage increases will correspond to the platoon members' date of hire
anniversary. For conversion to this payment method, step increases will be administered in the
intervening period (from date on the floor anniversary until date of hire anniversary) so as not to cause
an employee to miss a step. Nothing in this section is intended to affect an employee's probationary
period. In the instance where an employee is suspended without pay, his anniversary date will be
adjusted to reflect the interruption in service, delaying his step increase by the length of his
suspension(s).
Section 5.
if during the term of this agreement the City of Paducah implements a negotiated pay increase:
1. Beginning during the course of this Agreement or
IAFF Contract 2/14/2017 Page 22.
2. Simultaneously with this Agreement
For any bargaining unit, and that percentage pay increase is in excess of the amount granted to the
bargaining unit herein, then, in that event, the City of Paducah will simultaneously therein adjust the
bargaining unit wage scale. The aforesaid adjustment shall equal, but not exceed, the differential
between the percentage amount awarded to the bargaining unit herein and the higher percentage
amount granted to any other City bargaining unit.
Asia ➢ CLE 28 C`Si'N il 1[NJAINCE OF EXIS i1 Mr� IVl dT ARY !Call'GHTJ
Unless otherwise provided in this contract the City agrees to continue its present policies in regard to all
benefits of direct monetary value to the employees.
AlPITiCLE 29 D,UP�A u 10i�I
Section 1.
The Agreement, when signed by the duly authorized officers of the City and the Union, shall become
effective as of the date of execution, and shall terminate on June 30, 2020. If a new agreement is not
executed, the parties may agree in writing to extend the current agreement for an additional period of
time.
In any event, nothing herein contained shall preclude either party from modifying or changing or
amending its proposals for a new Agreement. The City and Union each have entered into this
Agreement pursuant to duly adopted ordinances and resolutions authorizing same.
Section 2.
Between November 1 and 15, 2019, either party may request in writingthat negotiations be opened to
modify or renew this Agreement. Within 10 days of receipt of the request to open negotiations the
parties will meet and schedule up to 5 negotiating meetings to be held between January 2 and March 1,
2019. Failure to reach tentative agreement in this timeframe will result in a forty-five (45) day
suspension of negotiations. On or about April 16 negotiations will resume and if the parties come to an
impasse, either party may request mediation services through the Kentucky labor Cabinet and the
current Bargaining Agreement will be extended for sixty (60) days
---------------------------------------------------------------------------------------------------------------------
THE REMAINDER OF THIS PAGE IS BLANK
IAFF Contract 2/14/2017 Page 23
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have hereunto set their hand this _th day of , 2017. This
agreement, if approved by Final Ordinance, shall become effective upon signing.
FOR THE CITY OF PADUCAH,
KENTUCKY:
Brandi Harless, Mayor
FOR THE PROFESSIONAL FIRE
FIGHTERS OF PADUCAH, LOCAL
168, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS:
Barry L. Carter, President
Page 24
IAFF Contract 2/14/2017
Agenda Action Form
Paducah Cite Commission
Nleetine Date: 02-21-2017
Short Title: Financial Statement Auditor for City of Paducah, KY for fiscal
years 2017 through 2020
[Ordinance ❑ Emergency ❑;\Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Audra Herndon
Presentation By-, Jonathan Perkins. Audra Herndon
Background Information: KY Revised Statute 91 A-040 requires an annual audit of each
fund of the City by an auditor of public accounts ora certified public accountant. The City is
also subject to the Federal Single Audit Act for audit reporting requirements. The independent
certified public accounting firm of Kemper CPA Group; LLP has conducted this audit for the
past 4 years (FY2013—FY2016). -The 4 years prior to that, the firm of Williams. Williams and
Lentz, LLP conducted the City's audit (FY2009—FY2012).
Although professional services do not require it, typically staff would submit `requests for
proposals' for the CAFR (comprehensive annual financial report) ror the upcoming audits
(FY2017-FY2020). However, the next 4 fiscal )'ears will be anything but typical x�ith the City's
planned 4-5 year phased it) financial soft« -are conversion. which is already in progress. This will
include the running of two separate and distinct financial software systems simultaneously during
most of the 4 years. To provide continuity during this time of transition. remaining with our
current auditing partner makes the most sense. Staff negotiated with Kemper CPA Group. LLP
for an additional 4 year contract; including a fixed price for their review of our soffi are
conversion during the contract period.
Kemper CPA Group, 1.1-C has agreed to a fixed price for all 4 years. in total, not to exceed
S215-000.
Goal: ❑Strong Economy Z Quality Services❑ Vital Neighborhoods stored Do\\ntowns
Fu nds Available: Account Name: \larious Audit Accounts 2-43
�7
Account Number:an e 7
Staff Recotnmendation: Authorize N- ayor to sign all necessary documents to accept the
proposal of Kemper CPA Group, LLP for the preparation of the City's financial audits (and
related CAFR — comprehensive annual financial reports; forms; schedules, reviews, etc.) for the
fiscal years ending June 30. 2017, 2018; 2019 and 2020. Total audit fee not to exceed S21 5,000.
Attachments: Kemper CPA Group, LLP proposal
Jon t uk'jns \Vord C.NFR AAF - Financial Statement Auditor. FY20{' •-FY201-0 Doc
AL,enda ,fiction Form
Department Head
City Clerk
City Manager
Page
ORDINANCE NO. 2017 -2 -
AN ORDINANCE ACCEPTING THE PROPOSAL OF KEMPER CPA
GROUP. LLP FOR THE PREPARATION OF THE CITY'S COMPREHENSIVE
ANNUAL FINANCIAL REPORTS FOR FISCAL YEARS ENDING JUNE 30, 2017.
2018, 2019 AND 2020, AND AUTIJORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION I. That the City of Paducah accepts the proposal of Kemper
CPA Group, LLP for the preparation of the City's Comprehensive Annual Financial
Reports for Fiscal Years ending June 30, 2017, 2018, 2019 and 2020 for a total sum not
to exceed $2.15,000.00, and authorizing the Mayor to execute all documents relating to
same
SECTION 2. -['his expenditure shall be charged to various audit accounts.
SECTION 3. This ordinance shall be read on two separate days and wil
become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners.. February 21, 2017
Adopted by the Board of Commissioners.. February 28, 2017
Recorded by Tammara S. Sanderson, City Clerk, February 28, 2017
Published by The Paducah Sun,
\ord\finance\audit FY2017-FY2020
NJ K E M P E R
® .i... CPA G R O U P ts.p
Certified Public Accountants and Consultants
CITY OF PADUCAH
PROFESSIONAL AUDIT FEE PROPOSAL
Our desire is to continue our relationship with the Cite; therefore, our fees to complete your annual audit
will be billed at no more than 75% of our actual standard fees to complete the engagement, subject to a
maximum annual fee (cap). While this does provide maximum fee protection for you, it also allows for
the possibility of lower fees in the event our costs are less than the maximum quoted. In addition. it
provides incentive for you to be prepared for the audit and assist our staff wherever possible.
Four year proposal: $52,500 for the year ended June 30, 2017
$54,500 for the year ended June 30, 2018 (Fee includes
$2,000 transitioning for new accounting system)
$53,500 for the year ended June 30, 2019
$54,500 for the year ended June 30, 2020
We estimate our additional cost for transitioning our audit workpapers and financial statements to your
new accounting system chart of accounts will be approximately $7,500 - $10,000 during the year of
implementation. Our proposal reflects a 75-80% discount of our estimated implementation cost for the
year 2018.
COMMENTS REGARDING FEE PROPOSAL
Our fee proposal is based on our prior experience as independent auditors of City of Paducah, and
assurnes the following:
1) Your records will be well organized, properly maintained, and fully accessible to us within the
time frame proposed and you will fumish us with complete and accurate reconciliations of all
significant balance sheet accounts on or before the last week of August.
2) You \will prepare audit confirmations as requested.
3) You will provide us with other reconciliations and schedules vac may request in completing the
audit within a reasonable amount of time from of our initial request for such reconciliations.
4) You will provide us with a draft schedule of federal awards and expenditures (SEFA) on or
before the last week of August.
Our fee proposal includes a provision for the price of' printing the CAMS, the electronic media report.
copy charges and out of pocket expenses. Our fee proposal also k prepared based on professional
standards currently in effect or presently known as of the date of th;s proposal to be effective during
future years with the understanding that future professional standards "significantly" affecting the
100 South 411 Street • Suite 300 - Paducah, KV 42001
Phone: (270)443-4400 Fax: (270)443-0963 kempercpa.corn
required scope of our services are beyond our control and if such items did arise during subsequent fiscal
periods we would work with you to reach a mutually agreeable solution foy those subsequent periods.
The fee proposal does not include additional sen -ices outside the scope of the audit engagement proposal.
You may request that we perform additional services not addressed in this proposal. if this occurs, we will
communicate with you regarding the scope of the additional services, the estimated fees and we wili not
perform such services nor request compensation for such services without ,your prior written approval.
We appreciate the opportunity to provide you with this proposal as your are well aware there is not a
requirement to solicit professional service proposals through a formal bidding process. There is always a
relationship between quality of service, expertise of those providing the service, needs of the auditee, and
fees. We are sensitive to your desire for timely, high-quality services provided at a reasonable cost. We
strive to keep our fees at a reasonable level consistent with the level of professional expertise and
experience required to perform your audit and assist in your CAFR preparation. Our proposed fees are
based on the estimated amount of time expended by each professional at billing rates established on the
basis of experience and our accepted level of discounted fees for similar engagements. We believe
quality of service, rather than fees alone should be the determining factor schen making your selection.
however, if fees become an issue; we would be pleased to fulher discuss thern with you.
Vj ,XS. V 17P�
David S. Hampton, Partner
Kemper CPA Group, LLP
January 31, 2017
RESPONSE:
If this proposal correctly sets forth the understanding of City of Paducah, Kentucky, please sign and
return a copy of the proposal to us. If you have any additional questions. please feel free to contact either
Barry or myself.
Management signature:
Title:
Date:
Governance signature:
Title:
Date:
Agenda Action Form
Paducah City Commission
Meeting Date: February 21, 2017
Short Title: Authorize Agreement for Noble Park Lake Bank Stabilization
Project -Phase II
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer lis Public Works Director
Mark Thompson, Parks Director
Background Information:
On February 8, 2017, sealed written bids were received for the Noble Park Lake Bank
Stabilization Project -Phase II. The materials and methods performed as a part of the initial
project were specified throughout the Phase II portion of the project in order to maintain the
project's uniformity. Two deductive alternates were included in the Bid -Foran for
consideration in the event the bids may have exceeded our budget. There were two
responsive bids received for this Project, with YEC Excavating, LLC, submitting the lowest
responsive base bid of $242,980.00. Subsequent to reviewingthe contractor's base bid and
the project's available budget the value of the Base -Bid without taking any deductive
alternates provides for a prolonged project life.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored DowntoN�,ns
Funds Available: Account Name: 040-8821-536-2307
.� aarr4o ?�
Account Number: PA0107 'r iti ce
Staff Recommendation:
To receive and file the Bids, accept the Base -Bid of $242,980.00 as submitted by YEC
Excavating LLC, for the Noble Park Lake Bank Stabilization Project -Phase II and to
authorize the Mayor to execute all applicable construction contract documents associated
with this project.
Attachments:
Bids, Bid Taub and Advertisement
A ' I -1,'y It i� ki' ��� 1v� ' c0_�;1 w �5 V�v
L
Depart ent H d City Clerk Trty�IVIanager
ORDINANCE NO. 2017 -2 -
AN ORDINANCE ACCEPTING THE BASE BID OF YOUNGBLOOD
EXCAVATING & CONTRACTING. LLC., FOR THE NOBLE PARK LAKE BANK
STABILIZATION PROJECT -PHASE II, AND AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCA.H, KENTUCKY:
SECTION 1_ That the City of Paducah accepts the Base Bid of Youngblood
Excavating & Contracting, LLC., in the amount of $242,980.00, for Noble Park Lake Bank
Stabilization Project -Phase 11, said bid being in substantial compliance with bid specifications,
and advertisement for bids, as contained in the bid of Youngblood Excavating & Contracting,
LLC., of February 8, 2017.
SECTION 2. That the Mayor is hereby authorized to execute a contract with
Youngblood Excavating & Contracting, LLC., for the Noble Park Lake Bank Stabilization
Project -Phase 1I, authorized in Section I above, according to the specifications, bid proposal and
all contract documents heretofore approved and incorporated in the bid.
SECTION 3. This expenditure shall be charged to the Project Account - PAOl07
with excess funding needs being covered by Engineering Public Works Department and Parks
Department operating funds.
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tacrunara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, February 21, 2017
Adopted by the Board of Commissioners.
Recorded by Tammara S. Sanderson, City Clerk,
Published by The Paducah Sun. _
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Agenda Action Form
Paducah City Commissioin
Meeting Date: Feb. 21, 2017
Short Title: Revise Taxi Cab Ordinance
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Assistant Chief David White, Kristen Worak of KKHB
Presentation By: Chief Brandon Barnhill
Background Information: The current taxi cab ordinance has been in effect,
with two revisions, since 1952. We are seeking to update restrictions on
drivers and provide more modern requirements.
Coal: ❑Strong Economy ®Qua]ity Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available-. Account Name: N/A
Account Number: Finance
Staff Recommendation: Approve new revision to taxi cab ordinance
Attachments,
Department Head City Clerk Ci Manager
AN ORDINANCE AMENDING SECTION 122 OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Article lI — TAXICABS, Section 122 shall be amended to read as follows:
Sec. 122 -31. -Definitions.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Doli-nlown Traffic District. The area bounded by the south tine of Washington Street
between First Street and South Ninth Street; by the west line of Ninth Street betNveen
Washington Street and Monroe Street; by the north line of Moruoe Street between North Ninth
Street and Second Street: by the east line of North Second Street from Monroe Street to Jefferson
Street; by the north line of Jefferson Street from Second Street to First Street; and by the east line
of First Street from Jefferson Street to Washington Street.
(Code 1968, § 31-46)
■.i��ni:��.'i�� iGiCRei�C:.i�a..����0�=�:i0�i.�''�i�c.����i�a�:T•ilSr!!:f\T:r7lR7T7�all�i��
Jeal 1
(Cede 1968 § 31 47)
Licensee. Any natural person, corporation, firm, partnership, association, group, or
organization to whom or to which a license has been issued for the privilege of engaging in a
business of operating taxicabs or for the privilege of driving a taxicab.
(Code 1968, § 31-48).
License Year. A 12 -month period beyinninp, on the date license is Pranted and
endinlz 12 months follovvinp, the date the license is granted.
miner. Any natural person, corporation, firm, partnership, association, or any other kind
of group or organization engaging in or owning a business of operating a taxicab or taxicabs. The
word shall also be construed to mean a manager of a taxicab business owned wholly or partly by
another person or other persons.
(Code 1968, § 31-44).
Sponsoring Taxicab Compania. Any taxicab company which is licensed by the city,
and which either emj2loys a licensed taxicab driver, or intends to employ a licensed taxicab
driver by affirming in writing to the Chief of Police that it intends to employ such
applicant.
Standinz. A parked taxicab which is attended by a taxicab driver and which is
parked while awaiting a call to transport passengers.
Street. Any street, alley, avenue, court, lane, or other public way of the city.
(Code 1968, § 31-45).
Taxicab. Any common carrier motor vehicle designed or constructed to transport
passengers, not more than six in number exclusive of the driver, and not operating over any
regular route, and the destination of which is designated by the passengers at the time of such
transportation. The tern does not include school buses, chartered buses, hearses, ambulances,
"transportation network companv vehicles" as defined in KRS 281.010(55), or vehicles used
for weddings, christenings or similar events.
(Code 1968, § 31-43).
Taxicab Stanrls. Any on -street or off-street parking location, including parking lanes
or�rking stalls, which are designated parking or standing locations for taxicabs waiting
for passengers.
Off -Street Parking/Standing: Parking or standing by a taxicab in any privately -
owned parking lot which is open to public use.
Sec. 122-32. — Licenses and permit requirements for taxicab businesses.
(a) State License(s) required: No person shall engage in the business of operating a
taxicab upon the streets of the city without having first obtained licenses, certificates,
and permits to operate required by the state for each operation, and any person who
has obtained the licenses certificates, and -a permits to operate a taxicab under the
Motor Carrier Laws, KRS Ch. 281, shall be deemed a licensee 4 -by the city.
Business License: No person shall engage in the business of operating a taxicab
company in the city without a valid business license issued pursuant to Sec. 106-
69 of the Paducah Code of Ordinances.
LcI Taxicab Driver's License — Owner's Responsibility: No owner shall permit am,
driver tooperate a taxicab for his/her business within the cite without such
driver possessing a valid Taxicab Driver's License, under Section 122-33 of the
Paducah Code of Ordinances.
Taxicab Inspection Sticker — Owner's Responsibility: No owner shall permit any
taxicab to be operated for his/her business within the cite without a current
Taxicab Ins ection Sticker issued pursuant to this section.
See. 122 33. MaintenaRee ef vehieles and equipment.
,
, 263 Gode 1996,
Sec. 122-33. — Application and Issuance of Taxicab Driver's License.
fal Generallp:
1. Applications: Applicants for taxicab driver's licenses shall be made in
person at the Paducah Police Department Record's Division during
normal business bours.
2. Any person desiring to obtain a taxicab driver's license shall submit to
the Chief of Police or his designee a completed, signed, and sworn
application on forms to be furnisbed by the cite, containing all
information requested therein.
3. Issuance/Reiection of Taxicab Driver's License: The Chief of Police or his
designee shall either issue the taxicab driver's license to the applicant or
state the reason(s) for resection to both the applicant and owner in
writin -within ten (10) business days of submission of the application.
Reasons for re'ection shall be documented and kept on file with the
application for Taxicab Driver's License. Any resections may be
appealed to the City Manager within thirty (30) days of receipt of the
notice of re.iection.
4. Applications for Taxicab Drivers' Licenses must be accompanied by a
letter of intent to hire by a Sponsoring Taxicab Company licensed and
operating in the cih, in accordance with this ordinance.
S. Issuance of Taxicab Drivers' Licenses. Issuance of Taxicab Driver's
Licenses are considered contingent on gainful employment with the
Sponsoring Taxicab Company. They are considered null and void if the
licensee separates employrnent for any reason and are non -transferable to
other taxicab companies.
6. Taxicab Driver's Licenses are valid for t-welve (12) months from the date
of issue, or until the taxicab driver's separation from employment from
the Sponsoring Taxicab Company, -whichever occurs first.
Applieation Requirements:
1. ADDlicants must be at least eighteen (18) years of age at the time of
application.
2. At the time of application, the applicant must:
i. Present a valid state issued driver's license with a current address;
ii. Submit a completed, signed, and sworn application for a Taxicab
Driver's License;
iii. Submit a waiver permitting the Chief of Police or his designee to
share the applicant's application, background check, and other
pertinent information with the Sponsoring Taxicab Company;
iv. Submit two character references from reputable residents of the
city, who have personal knowledge of the applicant's character
and reputation;
v. Submit to a criminal background check at the cost of the applicant
or of the Sponsoring Taxicab Company;
vi. Submit to have his/her fingerprints taken by personnel with the
Paducah Police Department;
vii. Submit to have his/her photograph taken by personnel with the
Paducah Police Department; and
viii. Demonstrate that he/she can read, write and speak the English
language.
3. Each applicant for a license under sections 122-33 must certify that
he/she is physically and mentally capable of operating a taxicab and can
otherwise safely work with the public in unsupervised spaces. If the
Chief of Police or his designee has reasonable grounds to believe that a
phvsical and/or mental examination of anv applicant should be required,
the Chief of Police may require the applicant to obtain a fitness for duh
certification by a licensed physician, surgeon, r mental health
professional holding a medical degree, certifying that the applicant is
Physically and/or is mentally capable of operating a taxicab on the streets
in the city, has no physical defects which would handicap him/her in such
operation, and/or that he/she is mentally capable of safely working with
the public in unsupervised spaces and which would not otherwise put the
public at risk. Reasonable Grounds to believe that a phvsical and/or
mental examination should be required shall include:
i. Indication that the applicant has been involved in four (4) or more
at -fault motor vehicle accidents, as determined by the Traffic
Collision Reports, within the previous five (5) year period;
ii. Information that the applicant has been arrested under KRS
202A.041, two (2) or more times in the previous two (2) year
en riod;
Ili. Information that the applicant has one (1) or more Emergency
Protective Orders EPOS) or Domestic Violence Orders (DVOs)
against him/her at the time of the application, or that he/she has
had two (2) or more EPOs or DVOs in the previous two (2) year
period.
Dispunli Ovation: The Chief of Police may refuse and/or reject an application for
a taxicab driver's license to any individual for the following reasons:
I. Failure to demonstrate U.S. Citizenship;
2. Falsifying information in an application for taxicab driver's license;
3. Conviction of any of the offenses included in any portion of KRS $
281.6301, including:
i. A Class A felony;
ii. A Class B felony;
iii. A sex crime as defined in KRS 17.500;
iv. Leaving the scene of a traffic accident;
v. Causing a fatality or fatalities through negligent operation of a
vehicle;
vi. Using a vehicle in the commission of a felony involving the
manufacture or distribution of a controlled substance;
vii. Operating a motor vehicle on a sus ended license in violation of
KRS 186.620(2);
viii. Operating a motor vehicle twenty-six (26) miles per hour or more
in excess of the speed limit in violation; of KRS 189.390;
ix. Racing; or
x. Four (4) convictions in the past three (3) years for o erating a
motor vehicle in excess of the speed limit in violation of KRS
189.390 or for any offense which requires the assessment of
penalt-N, points by the Department of Motor Vehicles.
4. Conviction of operating a motor vehicle with alcohol concentration of or
above .080 as set forth in KRS 189A.010, or revocation of operator's
license due to refusal to submit to tests under KRS 189A.103 as set forth
in KRS 189A.105 in the three years preceding the application for taxicab
driver's license;
5. Failure to obtain a fitness -for -duty certification as more particularIv
described in Section 122-33(b)(3) herein;
6. Failure to comply with all requirements set forth in this ordinance.
Renewal of Taxicab Drh er's License:
1. Analications for the renewal of an existing Taxicab Driver's License shall
be made at the Paducah Police Department at least ten (10) days before
the expiration of the existing license but no sooner than thirtz, (30) days
before the license is set to expire. Renewals relating to change in
employment with the sponsoring taxicab company may be made at any
time.
2. Applications for the renewal of a Taxicab Driver's License shall follow
the same procedures prescribed for original application, except for 122-
33(b)2 iv, vi, and viii, which are not required for renewal applications.
(e) Update of Information for Taxicab Driver's License:
1. Taxicab Driver's Duty to Report: If a taxicab driver incurs any charge
that would become part of his/her criminal record while holding a
Taxicab Driver's License, the taxicab driver must inform the Paducah
Police Department within thirty (30) days of the charge. It shall further
be the taxicab driver's duty to report to the Paducah Police Department
regarding the status and disposition of the charges, in the event his or her
taxicab driver's license is seized and/or suspended under Sec. 122-36(d).
2. Sponsoring Taxicab Company's Duty to Report: A Sponsoring Taxicab
Companv shall report charge(s) that would become part of any of its
taxicab drivers' criminal records within thirty (30) days of the
Sponsoring Taxicab Company becoming aware of the charpe(s), and shall
further report to the Paducah Police Department if the taxicab driver's
employment has been terminated as a result of the charge(s).
3. A taxicab driver whose state -issued driver's license is suspended,
revoked, or expired must notify the Paducah Police Department and
surrender his/her Taxicab Driver's License to the Paducah Police
Department within twenty-four (24) hours of such suspension, revocation,
or expiration.
tamiean at any ut:ne,-air
E t t,
f safe, el�niia-r•, he shall -a. it � ,tveNriei-e until Atte def ets ha , ti en eaf-feeted.
+
(Orna F1 19 G7• G .I 1n<.4 C 1 26 Godo 1996e § 1194-3),
,
Sec. 122-34. — Application and Issuance of Taxicab Inspection Sticker.
(a) Generr111y
1. No taxicab shall be operated in the city without a valid Taxicab
Inspection Sticker.
2. The Owner shall be responsible for obtaining a Taxicab Inspection
Sticker.
3. Applications for Taxicab Inspection Stickers shall be made at the
Paducah Police Department utilizing a form provided by the city.
4. The taxicab to be ins ected shall be present for inspection at the Paducah
Police Department at the time the Application for Taxicab Inspection
Sticker is submitted, at which time the Chief of Police or his designee
shall examine any and all components necessary for safe and lawful
operation of a taxicab under this ordinance.
5. Taxicab inspection stickers are valid for twelve (12) months from the date
of issue.
(b) Taxicab Inspection Sticker Fee Schedule. Charges for Taxicab Inspection
Stickers shall be as follows:
1. Application for new Taxicab: S 25.00 per Taxicab.
2. Renewal of Taxicab Inspection Sticker: S 15.00 per Inspection Sticker.
(c) A plication and Inspection Requirements. The Chief of Police or his designee
shall inspect the taxicab and shall approve or deny Taxicab Inspection Stickers
based on the following criteria:
1. Re istration: Each taxicab shall displav a valid state registration plate.
2. Proof of Insurance: Each taxicab shall contain valid proof of insurance as
required by law.
3. Condition: All motor vehicle equipment and interior spaces shall be in
good repair, safe, clean, and sanitary.
4. Signs and Display: Taxicabs sball display the legal (DBA or "doing
business as") name of the Taxicab Company and the Nvord "Taxi"
prominently displayed on the outside of the vehicle in lettering no less
than three (3) inches in height. The legal name and "Taxi" shall be
affixed to the taxicab in a permanent or semi-permanent manner (i.e.,
paint or vinyl lettering). Magnetic signs which can easily be removed are
not acceptable. In addition, taxicabs shall display a unique taxicab
number or ID which shall make the taxicab distinguishable from other
taxicabs in the Taxicab Company's beet. All lettering shall be in a
contrasting color such that required identification as described herein
may be easilv visible.
5. Taxicab Meter: The taxicab meter shall be demonstrably functional and
accurate in recording mileage and time. The meter shall be fastened to
the taxicab in a location which makes it easily visible to all passengers.
6. Taxicab Fare Rates: All taxicab fare rates shall be prominently displayed
in an area which is conspicuous to potential passengers. Taxicab
companies charging or intending to charge additional fees to customers
paying Nvith credit or debit cards shall include and display notice of those
fees along with the regular taxicab fare rates.
7. Paper Receipts: Paper receipts must be available and shall include the
Taxicab Company's legal name, business address, business phone
number, service date, and fee amount.
8. Displav of Taxicab Driver's License: Each licensee under Sec. 122-33 shall
display his/her license, with a photo of the licensee thereon, in a
conspicuous place within his/her taxicab, preferablv on the back of the
headrest for the driver's seat or front passenger seat.
9. Display of Taxicab Inspection Sticker: Current Taxicab Inspection
Stickers must be displayed in the loNver driver's side corner of the rear
windshield of the vehicle and shall not be obscured.
10. Transfer of Sticker Prohibited: No taxicab sticker shall be sold, assigned,
mortgaged, leased, or otherwise transferred at any time. Any such
attempted transfer shall be cause for revocation of the Taxicab Inspection
Sticker.
Sec. 122-35. — Operation of Taxicabs.
(a) Dress of Drivers: Every taxicab driver shall be clean in dress and in Person while
operating a taxicab. He/sire shall wear a nametag, lanyard, or other identifvinn
clothing item or accessory which identifies him/ber witb the taxicab company while
operating a taxicab.
(b) Conduct of Drivers:
1. Every driver or operator shall not smoke at anytime while operating a
taxicab with passengers. This shall include, but not be limited to, tobacco
products, "e -cigarettes," and "vapor" devices.
2. No driver or operator shall, while operating a motor vehicle that is in motion,
write, type, send, or read text -based communication using a computer, tablet,
cellular telephone, or similar device to manually communicate with anv
person using text -based communication, including but not limited to
communications referred to as text message, instant message, or electronic
mail. This shall not prohibit the use of global positioning systems (GPS), or
navigational systems.
3. No driver or operator shall receive or discharge passengers in the roadway,
but shall pull to the right-hand side of the road and there receive or
discharge passengers, except on one-way streets, where passengers may be
received or discharged on either the right or left hand side of the road.
4. No driver or operator shall permit any other person to occupy or ride in the
taxicab unless the patron or patrons first employing the taxicab shall consent
to the acceptance of additional passengers or patrons.
S. No driver or operator shall permit anv person Who is not a paving patron or
Quest of a patron or employee of the Taxicab Companv to ride in the taxicab
while transporting patrons.
G. No driver oroperator shall cruise in search of patrons in such areas and at
such times as would congest traffic or be dangerous to pedestrians or other
vehicles.
!'Ay and i
� ura u„
//`ade 1968,
fidil c-emplianee
; 1 29)
with Il f'F- laws d d'.-+anees of'the state and nits
�cvu�.� �VD�77
§
(fid. of 1 22952
Gode 1996, c 114,34)
Sec. 122-35. — Operation of Taxicabs.
(a) Dress of Drivers: Every taxicab driver shall be clean in dress and in Person while
operating a taxicab. He/sire shall wear a nametag, lanyard, or other identifvinn
clothing item or accessory which identifies him/ber witb the taxicab company while
operating a taxicab.
(b) Conduct of Drivers:
1. Every driver or operator shall not smoke at anytime while operating a
taxicab with passengers. This shall include, but not be limited to, tobacco
products, "e -cigarettes," and "vapor" devices.
2. No driver or operator shall, while operating a motor vehicle that is in motion,
write, type, send, or read text -based communication using a computer, tablet,
cellular telephone, or similar device to manually communicate with anv
person using text -based communication, including but not limited to
communications referred to as text message, instant message, or electronic
mail. This shall not prohibit the use of global positioning systems (GPS), or
navigational systems.
3. No driver or operator shall receive or discharge passengers in the roadway,
but shall pull to the right-hand side of the road and there receive or
discharge passengers, except on one-way streets, where passengers may be
received or discharged on either the right or left hand side of the road.
4. No driver or operator shall permit any other person to occupy or ride in the
taxicab unless the patron or patrons first employing the taxicab shall consent
to the acceptance of additional passengers or patrons.
S. No driver or operator shall permit anv person Who is not a paving patron or
Quest of a patron or employee of the Taxicab Companv to ride in the taxicab
while transporting patrons.
G. No driver oroperator shall cruise in search of patrons in such areas and at
such times as would congest traffic or be dangerous to pedestrians or other
vehicles.
7. Refusal of Passengers: No driver or operator shall refuse or neglect to convely
anv orderly person or persons upon request unless,
i. The taxicab driver is previously engaged;
ii. The taxicab driver is unable or forbidden to do so by the provisions of
this Chapter;
iii. The taxicab driver has reason to believe that the person is engaged in
a violation of federal, state, or local law;
iv. The taxicab company has provided formal written notice to the
refused person he/she will not be providing transportation based on
his/her prior conduct;
v. The taxicab driver has reasonable cause to fear injury to
himself/herself, his/her propeM or the taxicab; or
vi. Other articulable good cause based upon an objective analysis of the
circumstances.
8. No driver or operator shall engage in any other business ventures while
operating a taxicab.
(c) Soliciting Patrons: No taxicab driver shall solicit patronage in a loud, disrespectful,
or discourteous tone of voice, sign, or manner. No taxicab driver shall obstruct the
movement of any person or follow any person for the purpose of soliciting
patronage. No taxicab driver shall solicit the patronage of persons assembled at the
terminal or at intermediate [oints along an established route of anv other common
carrier when such persons have assembled for the purpose of using the service of a
common carrier. However, a taxicab driver may respond to anv call or signal from
a pedestrian for a taxicab.
(d) Trig Logs:
1. Every taxicab driver shall maintain a mechanical or electronic daily trip log
on which all trips, including the time and place of origin, the destination of
each trip, the number of passengers, and the amount of fart and charges,
shall be recorded each day.
2. Forms for each trip log shall be furnished to the taxicab driver by the Owner
and shall be in a format approved by the city.
3. All completed trip logs shall be maintained by the Owner and kept on record
for no less than one year post -trip.
(e) Excessive Passengers: A taxicab driver shall not carry more persons than the
taxicab manufacturer's rated capacity for that taxicab during any single trip.
(f) Taxicab Markings: It shall be unlawful to operate a vehicle marked with the
identifying design of a taxicab company for the purpose of transporting passengers
when there is no affiliation between the driver or certificate holder and that
company.
g) Care of Taxicab: The owner of any taxicab shall be res onsible for maintaining the
vehicle equipment and interiors aces in ood repair, and in safe clean and
sanitary condition.
(h) Parkins and Standin
1. Parkina: All -varkina re ulations of the city are applicable to taxicabs
o eratin in the city.
2. Standin
i. Taxicab stands shall be used on a first-come first-served basis.
ii. Where multiple taxicabs are allowed to stand in one location taxicabs
shall pull u to the arkin stand from the rear and shall advance
forward as the taxicabs ahead of him/her pull away,
iii. Drivers shall stav within five 5) feet of their cab while standing and
shall not solicit Rassengers or en a e in laud or boisterous talk while
at the stand.
iv. Nothing in this chapter shall be construed as prgentin z a passenger
from boardin the taxicab of his/her chore.
3. Designation of parkin /standin lanes: Off-street arkin /standin2 lanes or
stalls may be desi Hated by the ro erty oivnerhnana er so lon as it does
not violate other applicable laws or ordinances,
4. Special event parking/standing: At city- ermitted events the event oz• anizer
may designate secial areas for taxicabs to arWstand in his/herpermit) or if
these areas are not pre -designated in the permit. the Chief of Police or his
designee may designate s ecial areas for-parkingAtandiny, during the event
hours.
(i) D -Street Prrrki�l :All of the ordinances detailed in this Section area licable to
taxicabs on off-street Darkinydots, as set forth in KRS 189.396.
(j) Advertiserltents Oil TaXicabs:
laced on taxicabs shall not obscure the view of the drive,-
1. Advertisements
of the assen ers or limit the o eration of the vehicle.
2. Advertisements shall comply with other applicable ordinances re ardin�
display of obscene material and all other applicable laNvs.
(1z) Posting_ of Fares: The schedule of fares shall be rominently osted in each taxicab
at all times includin any and all additional fees associated with pament by credit
card.
{1)
Receipts: The driver of any taxicab shall on reuestb the assener render to the
passenger a receipt. for the amount char ed. All receipts, inclu(Im.14 those delivered
10
electronically to the passen$4er, shall include the taxicab companv's legal name,
business address, business phone number, service date, and fee amount.
Sec. 122-36. —Administration and Enforcement.
(a) Generally: It shall be the duty of the Paducah Police Department, in con -junction
with the City Manager, to enforce and investigate the provisions of this Article.
Pursuant to Sec. 2-271 of the Paducah Code of Ordinances and KRS 281.765, the
Chief of Police and any sworn officer employed by the Paducah Police Department
shall have full authority to enforce the provisions of this Article and to write
citations for violations of the provisions hereof.
(b) Administration: All applications, proof for payment of fees, complaints, or other
written information concerning the administration of this Article shall be
maintained and monitored by the Paducah Police Department, under the direction
and supervision of the city manager. The city manager or his/her designee shall
have the authority to promulgate such rules and regulations as are necessan, for the
orderly and complete administration of this Article.
(c) Suspension o/ Taxicab Business License: A business license to operate a taxicab
company may be suspended or revoked pursuant to the provisions set forth in
Paducah Code of Ordinances Sec. 106-69(d).
(d) Taxicab Driver's License:
1. Suspension:
a. Immoral, Lewd, or Unlawful Conduct not set forth under Sec. 122-
33(c)3: Any sivorn police super visor of the Paducah Police
Department may immediately seize a taxicab driver's license upon
probable cause to believe that the license holder has engaged in any
immoral or lewd conduct or of any unlawful activity not set forth in
Sec. 122-33(c)3, or if the taxicab driver permits the taxicab to be used
for any immoral or illegal purpose or in violation of any applicable
provision of the Paducah Code of Ordinances, or has been arrested,
cited, or otherwise charged with violation of any cit, ordinance, state
or federal law punishable by less than one year imprisonment.
11
L Dismissal of charLyes: If the charge, citation, or violation is
dismissed or the taxicab driver is otherwise adjudicated "not
uil ," the taxicab driver's license shall be immediately reinstated
upon proof of such provided by the taxicab driver.
ii. Suspensions under this section shall not exceed one hundred ei htv
180 days followin2 an adjudication of guilt of the criminal charge,
citation, or violation. However, it shall be the duty of the taxicab
driver to seek reinstatement of his or her taxicab driver's license.
b. Crimes punishable by at least one year set forth
under Sec. 122-33(c)3: Anv sworn police supervisor of the Paducah
Police Department may immediately seize a taxicab driver's license
upon probable cause to believe that the license holder has been
charged with any state or federal law, rule or re elation unishable
by one year imprisonment or more.
L Dismissal of charges: If the charge, citation or violation is
dismissed or the taxicab driver is other -vise adjudicated "not
guilty", the taxicab driver's license shall be immediately returned
and/or reinstated upon proof of such provided b v the taxicab
driver.
ii. Suspensions under this section shall not exceed one year following
an adjudication of the criminal charge, citation or violation.
C. Probable cause to believe the taxicab driver ruav be a danger to himself
or others: The Chief of Police or his designee, may immediately seize a
taxicab driver's license upon argbable cause to believe that the license
holder presents a danger to himself or others due to physical or mental
conditions, crisis, or in'ury. Any suspension following a hearingas s set
forth in Sec 122-36(d)3 herein shall remain in effect until such time
that the license holder can establish that he or she can safely work with
the ublic in ensu eryised spaces, which sliall be accomplished by
medical examination and fitness for duty certification, as set forth in
Sec. 122-33(b)3.
Revocation:
a. Anv sworn police su ervisor of the Paducah Police Department my
immediately seize ossession of a taxicab driver's license upon probable
cause to believe that the license holder has been charged Nvith any
violation listed in Sec. 122-33(c)3. If the charge, citation, or violation is
dismissed or the taxicab driver is otherwise adjudicated "not uilty"
the taxicab driver's license shall be immediately reinstated upon proof
of such rovided by the taxicab driver.
b. An sworn police supervisor of the Paducah Police Department may
seize a taxicab driver's license if there is probable cause to believe that
12
the taxicab driver is operating a taxicab in the city on a suspended
taxicab driver's license.
3. Hearing: Following a finding of probable cause to believe that the taxicab
driver's license should be suspended or revoked as more particularly
described herein, the Chief of Police shall notify the taxicab driver of the
date, time, and place of a hearing to occur no more than thirty (30) days
following the probable cause determination, at w1hich time the taxicab driver
shall be given an opportunitv to respond to the allegations. The Chief of
Police shall make a written finding of guilt or innocence. If found guilty, the
punishment shall be in accordance with the provisions set forth in this
section.
4. Appeals: The taxicab driver shall have ten (10) days in which to file a
written appeal to the City Manager. If an anneal is filed, the City Manager
shall schedule a hearing to be conducted within (30) days of receipt of the
appeal, at which time the taxicab driver shall be given an opportunity to be
heard. The Cite Manager's written finding following the appeal shall be
issued within ten (10) days after the hearing. The taxicab company shall
have the right to appeal the decision of the City Manager to the McCracken
Circuit Court. Such appeal shall be made within thirty (30) days following
entre City Manager's decision.
(e) Taxicab Inspection Sticker:
1. Anv sworn police supervisor of the Paducah Police Department may seize
possession of a taxicab inspection sticker following the issuance of a citation
to either the owner or the taxicab driver for violations relating to the taxicab
or its equipment as found in the provisions of this chapter, rules and
regulations issued hereunder, ordinances of the city, or any state or federal
law, rule, or regulation.
2. Upon notice of such seizure, the taxicab company may request a hearing
before the Chief of Police. If reeLuested,_the Chief of Police shall notify the
taxicab companv of the date, time, and ice of a hearing to occur no more
than ten (10) days following the request for hearing, at which time the
taxicab company shall_be given an opportunity to respond to the allegations.
The Chief of Police shall make a written finding of guilt or innocence. If
found guilty, the suspension shall be in place until the violation is remediated
but shall be for no less than hventy (20) days.
3. Following the decision of the Chief of Police, the taxicab companN, shall have
ten (10) days in which to file a written appeal to the City Manager. If an
appeal is filed, the City Manager sha.11 schedule a hearing to be conducted
within (30) days following receipt of the appeal, at which point the taxicab
company shall be given an opportunity to be heard. The Cin, Mana er's
13
written decision following the appeal shall be issued within ten (10) days
after the hearing.
4. The taxicab company shall have the right to appeal the decision of the Citv
Manager to the McCracken Circuit Court. Such appeal shall be made within
thirty (30) days following issuance of the Citv Manager's decision.
(f) Taxicab Operation/Trip Logs: Trip log inspection: Upon the request of any sworn
member of the Paducah Police Department or of the Cite Manager or his/her
designee, a taxicab driver must produce his/her trip iogfor the officer's review
and/or copying.
v
Tl, se dtile of fares shall be prei qinently posted in ch-IaNi-eab
• • ..SIZES
.w �i!ii�iGi+iii���i��.•aviy�±��s!•wsuw.��..ar
14
t
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f n persen ,l .,n t., obtain a t^x-1e` ab df , ... -, lieense shall submit t.. rl,e ChieF
FD bee a ..luted .,,,,,1' .,tion on farnis t., be F l d by the eity. e fflr
the F 11ewing r f uiivii nn.,nn ,n the a.-...lieai: .
15
Mir-
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fa\
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f n persen ,l .,n t., obtain a t^x-1e` ab df , ... -, lieense shall submit t.. rl,e ChieF
FD bee a ..luted .,,,,,1' .,tion on farnis t., be F l d by the eity. e fflr
the F 11ewing r f uiivii nn.,nn ,n the a.-...lieai: .
15
'- hyM 2_1:
years.
h. Whether he has e'v`ef been eetivieted vi-a-fclaa eT-i-ii§ae-ir'eano?atid,, ii
Yti-tiether he rl'as been pr-eviou3lly lieensed ar'u-taxicab dFivet, ef eh ,4C
and if se, when and where -
if he has r sly had t. h driver'sor .,1,..,,40 I:
erdintt-y stateateter vehieles lie-ense, whe4hef any sdeh lieense has
been !7d ^l.^.d and, :4' s th., . ate, lace rl eauce of esuspension ef �C�}
t;
`vei-anon-
16
ROM ELI I I \
- I -
y�
rwopp.%M-
a,,;eab drivef s lieenses shall be ,• ed f;-♦,.,-, year t♦, ),ear cy the Chief of P ,I:,,o either
b ,derseme,t upen tl, W license r,r b issua.,6e--ef a Il@",rlieen$e,
T. &V ME ME m I• I
(1) Use „f t. aball)',tf,.,,.,r.,l Of Illegal- t3U+Pq&&.
(2) Failing t eomply with an�, py vlsivi vf this art:ele o �i�.i.nu yu[IIt
'(eTS'TJsued
l def, • of ether r ]+,nnn„r ♦,F the „ityof n..,sf t f 1 1 law, 1
17
pp
ROM ELI I I \
- I -
y�
rwopp.%M-
a,,;eab drivef s lieenses shall be ,• ed f;-♦,.,-, year t♦, ),ear cy the Chief of P ,I:,,o either
b ,derseme,t upen tl, W license r,r b issua.,6e--ef a Il@",rlieen$e,
T. &V ME ME m I• I
(1) Use „f t. aball)',tf,.,,.,r.,l Of Illegal- t3U+Pq&&.
(2) Failing t eomply with an�, py vlsivi vf this art:ele o �i�.i.nu yu[IIt
'(eTS'TJsued
l def, • of ether r ]+,nnn„r ♦,F the „ityof n..,sf t f 1 1 law, 1
17
ner�...nfor� his suspension shall be r.orr��nr�
b
L, ui i u
restored._
SECTION 2. This ordinance shall be read on two separate days and Nvill become effective upon
summary publication pursuant to KRS Chapter 424, on April 1, 2017. There shall be a grace
period from February 28, 2017 until March 31, 2017 at which time the fees, and only the fees,
%will be waived for current taxicab employees and vehicles. Any applications submitted on the
effective date or thereafter will be subject to all fees as outlined in this ordinance.
ATTEST
CITY CLERK
[ntroduced by the Board of Commissioners,
Adopted by the Board of Com nil ssioners,
Recorded by the City Clerk,
Published by The Paducah Sim,
Ord./ 122 — taxicabs ordinance amendment
BRAND] HARLESS, MAYOR
February 21, 2017
18
, 2017
.2017
.2017
Agenda Action Form
Paducah City Commission
Meeting Date: February 21, 2017
Short Title: Upper Story Residential Grant Program
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Sheryl Chino/Stephen Ervin
Presentation By: Stephen Ervin
Background Information:
The intent of this agenda item is to amend an ordinance that established the Upper Story
Residential Grant Program. Currently, property owners within a defined area (Map#]) are
eligible to apply for financial assistance that shall not exceed 20% of the construction costs or a
maximum of $15,000.00 per Upper Story Residential Rental Unit.
The amendment to the ordinance will allow property owners to apply for financial assistance that
shall not exceed 15% of the construction costs or a maximum of S 15,000.00 per new owner
occupied residential unit. Currently the grant is only awarded for upper story rental units.
Approval of amended ordinance will:
• Provide housing options downtown that will increase economic vitality; as residents will
visit local businesses and help generate activity throughout the day.
• Lead to renovations of historic buildings that have fallen into disrepair.
• Support mixed use development within historic downtown Paducah.
• Improve the vitality of downtown areas through economic development. Upper story
improvements will lead to I" floor occupancy of vacant retail space.
• Lower residential/commerical vacancy rate which will indicate that downtown is an
attractive place to live and work,
7 7,)17
Funds
Funds Available: Account Name: upper Story Residential Grant Program Finan e
Account Number: DT0033
Motion:
Attachments:
Department Head �` City Clerk � Manager
ORDINANCE NO. 2017 -2 -
AN ORDINANCE AMENDING CHAPTER 34 ARTICLE VIII, THE UPPER STORY
RESIDENTIAL GRANT PROGRAM, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAIH, KENTUCKY:
SECTION 1. That Sections 34-151 through 34-156, "Upper Story Residential
Grant Program,"of Chapter 34, Community Planning And Development of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"Sec. 34-151. - Title.
This ordinance shall be knovm and ma}, be cited as the "Upper Story Residential Grant Program
(USRG)" Ordinance of the City of Paducah".
Sec. 34-152. - Purpose.
This article is intended to facilitate new residential units on the upper floors of new or existing
structures by property ewners developers within the Historic Do+vritoNvn (Map #1). It will
encourage the inhabitation of this unused space within the dowrrtowvn area and serve as a catalyst
to preserve the structures that give downtown Paducah its unique sense of place.
Sec. 34-153. - Definitions.
Project Allanager. The Director of Planning or his designee.
Upper story residential rewctl unit. A self-contained housing unit that occupies only part of
a building.
URCDA. Urban Renewal and Community Development Agency.
Sec. 34-154. - General provisions.
(1) Eligibilily.
(a) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
(b) All property receiving the financial assistance under the Program shall be located within
the Historic Downtown (Map 41).
(c) Program parameters include:
I . The USRG Program will target structures that have vacant upper stories or upper
stories that are part of new construction.
2. The grant portion of the project must be for the interior renovation of an existing
building only or the construction of new upper story residential units.
3. All required permits (i.e, zoning, building, etc.) must have been obtained and the
property must be free of liens held by the City of Paducah and all property taxes
must be paid.
4. Third party construction estimates by a qualified contractor and eY,
developer's proof of financial ability to complete the project will be required.
5.
unit Ywili i rDu_.
Each grant shall not exceed 20 -percent of the total upper stor residential rental
unit rehabilitation costs or 15- ercent total u er stor residential owner -occupied
unit rehabilitation costs. A maximum of $15.000 per upper story residential rental
unit will be allocated.
6. A City of Paducah letter of financial commitment will be given to the awe -r
develo er upon final approval of the grant by URCDA or City Commission,
7. Eligible buildings shall have upon completion of project, a sustainable leak proof
roofing system.
8. All projects shall comply with all applicable building codes.
9. All projects shall be completed within one year of the date that the grant is
awarded. Any extension beyond one year must be requested by the
develo er and approved by the UTban—Rene " an` Community De elepment
Age URCDA3.
10. Proof of builders risk insurance must accompany each application.
11. Sketches, drawings, architectural plans, Photoshop renderings or other similar
visuals that will provide the Main Street Design Committee and URCDA with
sufficient information to evaluate the improvements being proposed.
12. A sample board that shows proposed materials and finishes must accompany the
application.
13, All projects funded by the USRG shall meet the folloNving minimum required
materials and finishes.
I . Walls/interior: Interior should be of a "finished" quality. Materials should be
exposed brick. finished plaster or smooth finished sheetrock with baseboard,
crown and door moldings as appropriate to the design of the space.
ii. Floors: Refinished or new installed hardwoods, cork, bamboo. minimum 8 mm
laminates, floating or engineered floors. polished, stained or sealed concrete,
No vinyl flooring.
ceramic tiles or stone in baths and kitchens.
iii. Countertops: Solid surface, stone, granite, sealed concrete, or stainless steel.
No laminate.
iv. Appliances should be new and energy -star rated.
v, Windows: Windows should be treated according to the Secretary of Interior
Standards and efforts should be made to make them as energy-efficient as
possible.
vi. Hardware: Faucets, cabinet hardware and light fixtures should be either of new
and higher quality or be refurbished vintage fixtures of higher quality,
Sec. 34-155. - Administration.
(I ) Staff.
(a) The Project Manager shall perform the following duties:
1. Preparation of the necessary applications, financial statements, a surnmar), of the
commitments to the rules and regulations of the program, and such other forms to
be executed in administering the Program. The appropriate forms shall include,
along with other data deemed appropriate, Upper Story Residential Grant Program
application, verified proof of all ownership interests and financial qualifications,
2. Review the eligibility of the applicant based on the requirements of this article,
review the data provided on the fonns required as part of the application procedure
and make a recommendation to the URCDA,
3. Maintain a list of approved contractors based upon satisfactory references on past
work performed.
4. Determine ),whether the proposed work to be performed ineets the parameters of this
article and whether the cost to complete that work is reasonable. Said determination
shall be in wri ling and kept on file as part of the application.
5. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, issue a certificate of compliance bearing the date the
cei-tifieate was issued. A copy of this certificate shall be kept as part of the file.
(2) Funding.
(a) The City of Paducah may make annual budgetary appropriation as it deems necessary to
fund the Program established by this article and the administrative costs associated
therewith.
Sec. 34-156. - Procedures for making application, review and approval.
(1) Applicalion.
(a) Applications «ill only be accepted as
estimates and proof of financial ability
required.
3
funds are available. Third party construction
from a qualified financial 'institution will be
(b) Applications and other required forms shall be made available at the Department of
Planning. Technical assistance shall be available from that office to assist applicants in
completing and submitting an application. There may be no fee for filing an application.
(2) Revietir.
(a) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(b) Upon a determination of completeness, the Project Manager shall make a determination
as to whether the applicant meets the eligibility criteria under the Program.
(c) Upon a determination that the applicant is eligible under the Program, the Project
Manager shall forward the application to the Main Street Design Committee if it is
determined that the exterior portions of the structure that are ordinarily visible from the
public right-of-way are being altered. The Design Committee shall make design
recommendations to the applicant within 15 days of receipt of the application and
forward the application to the URCDA. If the design committee fails to review and
forward the URCDA within 15 days, the application will be forwarded directly to the
URCDA for review by the project manager,
(d) Upon a determination that the applicant is eligible under the Program, and no exterior
modifications are being completed that are visible from the public right -of -spay, the
Project Manager shall forward the application to the Urban Renewal & Community
Development Agency (URCDA) for consideration.
(e) If multiple applications are received, the URCDA will review rankings in accordance
with the following criteria to determine applicant's eligibility.
1. 'Total private investment of residential rehabilitation project ..... 25%
2. Contributing structure on the National Register of Historic Places ..... 25%
3. Rehabilitation in compliance with the National Parks Secretary of the Interiors
Standards ..... 25%
4. Capital commitment of evanef developer to rehabilitate remaining structure (fagade,
roof, retail space) —.. 25%
f. URCDA shall have the authority to approve all multi -unit projects that do not exceed
$60,000.00 in Upper Story Residential Grant fiends. Projects in excess of $60.000.00 of
Upper Story Residential Investment Grant funds "sill be forwarded to the City
Commission for approval.
g. Grant awards may be given based on availability of funds.
(3) Reserved.
(4) Property 8 Deielopers obligatiolIS upon grant applro}1a1 fi•o111 the Cite of Paducoh.
Property s Developers shall deliver to the Project Manager the following documents
in fully executed form:
(a) A duly executed construction contract between the Property aiwer Det -elopers and the
approved contractor outlining the rehabilitation work to be perfomled, the cost to be
incurred, including an amount for retainage to assure the acceptable completion of the
4
construction, and the time of performance. This contract must be reviewed by, and
acceptable to the Project Manager.
(b) Any other documents which may be requested by the Project Manager upon approval.
(5) Disbursement of Grant.
(a) Subject to the terms and conditions hereinafter pre-vided, the property ew*er-s
developers shall be entitled to draw proceeds from the grant when 100 percent of
rehabilitation work has been completed. Under no circturstance will fiords be advanced,
However, not,,vithstanding the foregoing, disbursement shall only be made when the
following condition precedents shall have been satisfied:
1. The Property Owner Developers shall submit for the Project Manager's review a
written request for reimbursement. The written request shall be signed by both the
approved contractor and the Property Owner -s Developers,
2. The Property 8wnet=s Developers shall provide to Project Manager a certification
executed by the approved contractor which shall certify the aforesaid costs incurred
in the construction process have been paid in full.
3. The Property Owners Developers shall provide to Project Manager interim
mechanics' or materialmen lien waivers to be executed by the approved contractor.
subcontractors, materialmen and/or their employees or agents.
4. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
5. The Property 9wnei-s Developers has complied with the terms of this article.
(b) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten business days following date of request remit directly to the
approved applicant the permitted amount of draw.
(c) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at his discretion; to refiise the request in total until such
time as all condition precedents are satisfied, or pay such portion of the request that the
Project Manager deems appropriate. Additionally, the Project Manager shall have the
right to pay the grant proceeds directly to any creditors who have provided labor or
materials for the construction or the rehabilitation work, which payments shall be
deemed for and in behalf of the Property O\vners De�'elopers and as a part of the grant
hereunder. The Project Manager's determination shall be binding and final upon the
Property 9ii'ners Developers and the approved contractor.
(6) Issuance of Certifrcale of Completion. Following completion of the work, the Project
Manager shall inspect the upper story residential units and certify whether or not the work
has been satisfactorily completed. If the work is sufficient. a Certificate of Completion shall
be issued.
Secs. 24-157-34-170. - Reserved."
SECTION 2. That if any section, paragraph or provision of this Ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
5
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof it being the purpose and intent of this Ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 421,
MAYOR
ATTEST
City Clerk
Introduced by the Board of Commissioners, February 21, 2017
Adopted by the Board of Commissioners,
Recorded by City Clerk,
Published by The Paducoh Sun,
\ord\plan\amend - upper story residential grant program
6