COLLECTIVE BARGAINING; POLICE

Denver City Charter subtit. B, art. IX, pt. 8

in effect

Denver City Charter, art. IX, § 9.8.1 Statement of policy.

§ 9.8.1 - Statement of policy. The protection of the public health, safety, and welfare demands that the Police Officers of the Classified Service of the Police Department not be allowed to strike or engage in any work stoppage, slowdown, or mass absenteeism. This necessary prohibition does not, however, require the denial to such employees the right to organize, the right to be represented by an employee organization of their choice, and the right to bargain collectively. It is hereby declared to be the policy of the City and County of Denver to have a system of collective bargaining to establish a productive relationship between the City and its Police Officers and to set compensation and certain other conditions of employment as specified in 9.8.3(B) and (D) of this Charter. In lieu of allowing Police Officers to strike to resolve impasses in negotiations, the City hereby adopts a system of binding interest arbitration to resolve such impasses. (Charter 1960, C5.82-1; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.2 Definitions.

§ 9.8.2 - Definitions. As used in this Section, the following terms shall, unless the context requires a different interpretation, have the following meanings: (A) The term "Police Officer" shall mean all members and positions of the Classified Service of the Police Department of the City and County of Denver, except the Chief of Police, Deputy Chiefs, Division Chiefs, and Commanders. (B) The term "Corporate Authorities" shall mean the Mayor and the Council of the City and County of Denver or their representatives. (C) The term "sole and exclusive bargaining agent" or "bargaining agent" shall mean an employee organization chosen by the Police Officers pursuant to 9.8.4. (D) The term "final offer" shall be the written offer made latest in time by a party to the other party at least seven (7) days prior to the start of a binding arbitration hearing. (E) The term "mandatory subject of bargaining" shall mean a subject which shall be discussed during negotiations if either party wishes to discuss it and may be submitted to binding arbitration by either party in the event of an impasse. Agreements on mandatory subjects of bargaining shall not be binding on the parties beyond the term of the agreement which contains them. (F) The term "permissive subject of bargaining" shall mean a subject which may be discussed during negotiations only if both parties agree to discuss it and shall not be submitted to binding arbitration unless both parties agree to submit it. Agreements on permissive subjects of bargaining shall not be binding on the parties beyond the term of the agreement which contains them. (G) The term "prohibited subject of bargaining" shall mean a subject which shall not be included in any collective bargaining agreement and shall not be subject to binding arbitration. (H) The term "fringe benefits" shall mean: vacation leave; holidays; sick leave; bereavement leave; jury duty leave; leave for union activity; other paid or unpaid leave; the method of selecting, applying for, and voting for leave; payments for injuries, sickness, or death arising from the line of duty; insurance; allowances for uniform and equipment and the maintenance of uniforms and equipment; dependent's benefits; and any other financial or economic benefits granted to individual Police Officers. The term "fringe benefits" shall apply to active Police Officers only. The term "fringe benefits" shall not include pensions. (I) The term "compensation" shall mean wages, salaries, and any other pay to Police Officers. By way of illustration, the term shall include longevity pay, hazardous duty pay, shift differential, acting pay, call back pay, overtime pay, and payments for unused leave at separation. (Charter 1960, C5.82-2; added March 20, 1995; Subsection (A), amended November 6, 2001)

Denver City Charter, art. IX, § 9.8.3 Right to organize and bargain collectively; mandatory, prohibited, and permissive subjects of bargaining.

§ 9.8.3 - Right to organize and bargain collectively; mandatory, prohibited, and permissive subjects of bargaining. (A) Police Officers shall have the right to bargain collectively with the City and to be represented by an employee organization in such negotiations. (B) The following shall be mandatory subjects of bargaining for Police Officers: (i) Compensation; (ii) Fringe Benefits; (iii) The number of hours in the work week; (iv) The definition of "seniority"; (v) Personal safety and health equipment; (vi) A bargaining agent recognition clause; (vii) Procedures relating to labor/management cooperation and communication that shall reasonably include participation by groups other than the bargaining agent; (viii) The notice and the time intervals regarding changes of a Police Officer's shifts and the emergency exceptions thereto; (ix) The collective bargaining agreement severability clause; (x) The duration of the collective bargaining agreement; (xi) Procedures and notice relating to the layoff and recall of Police Officers, but not the decision of whether to lay off or recall; (xii) Payment of fees as set forth in Subsection 9.8.17(D); (xiii) A check-off clause; and (xiv) Grievance and grievance arbitration procedures for matters included in the agreement. (C) The following shall be prohibited subjects of bargaining: (i) Any proposal that would conflict with a State or Federal law; (ii) Any proposal that would conflict with the City Charter, including any subsequent amendments to the Charter; (iii) Any proposal over which the City has no authority to act because of State or Federal law; (iv) Civilian review or supervision of the Police Department or Police Officers; (v) The missions of the Police Department, the Department of Safety, and the City; (vi) The standards of service of the Police Department, the Department of Safety, and the City; (vii) Staffing of the Police Department, the Department of Safety, and the City; (viii) The tables of organization of the Police Department, the Department of Safety, and the City; (ix) The budgets of the Police Department, the Department of Safety, and the City; (x) Facilities of the Police Department, the Department of Safety, and the City; (xi) The number of shifts and times the shifts begin and end; (xii) Civilianization; (xiii) Procedures for internal investigations and procedures for discipline; (xiv) Assignment of work to Police Officers; and (xv) Training. (D) The following shall be permissive subjects for bargaining: (i) Pensions; (ii) Non-pension benefits for retired officers and their dependents; (iii) The number of hours in a work shift; (iv) The method of assignment of Police Officers to work shifts; (v) Off-duty employment; (vi) Physical, mental, drug, and alcohol testing; (vii) Police Officer safety and health matters except as provided in 9.8.3(B)(v); (viii) A clause defining the collective bargaining agreement as the sole and entire agreement between the parties; and (ix) All other terms and conditions of employment not listed in (B) and (C) above. (Charter 1960, C5.82-3; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.4 Selection and recognition of bargaining agent.

§ 9.8.4 - Selection and recognition of bargaining agent. (A) The sole and exclusive bargaining agent for the purpose of bargaining shall be the sole and exclusive representative of all of the Police Officers, if the majority of the Police Officers voting in an election vote for such bargaining agent. (B) Questions concerning the selection or removal of a bargaining agent may be raised by petition of any Police Officer, group of Police Officers, or employee organization representing or wishing to represent Police Officers but only if such petition is signed by at least thirty-three (33) percent of the Police Officers. Such a petition may be submitted at any time to the American Arbitration Association (or its successor organization) provided that in the event there is a bargaining agent then certified or recognized by the City, no petition may be filed within twelve months of the bargaining agent's certification by the American Arbitration Association; and provided further that no petition may be filed during the term of an existing agreement, except during the period from January 1 to January 31 of the final year of such agreement. (C) When a petition is filed concerning the selection or removal of a bargaining agent, the American Arbitration Association (or its successor organization) shall promptly send the petition to the Department of Safety for determination of whether it contains the requisite number of signatures. The Department of Safety shall promptly make that determination and notify the American Arbitration Association (or its successor organization) of its conclusion. If the petition has the requisite number of signatures, the American Arbitration Association (or its successor organization) shall determine the question of selection or removal of any bargaining agent by taking a secret ballot of Police Officers and certifying in writing the results thereof to the Corporate Authorities and the person, persons, and employee organizations involved. The secret ballot election shall be conducted not less than fifteen (15) days nor more than thirty (30) days from the date of filing the petition. The American Arbitration Association (or its successor organization) shall certify the results of the above-described election within three (3) days of the close of the polls. The cost of running the election shall be borne equally by each organization on the ballot. (D) The employee organization selected by the majority of the Police Officers voting in an election conducted pursuant to paragraph (c) of this subdivision shall be recognized by the Corporate Authorities as the sole and exclusive bargaining agent for all Police Officers unless and until the American Arbitration Association or its successor certifies a different organization. (Charter 1960, C5.82-4; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.5 Obligation to bargain in good faith.

§ 9.8.5 - Obligation to bargain in good faith. (A) It shall be the obligation of the Corporate Authorities to meet and bargain in good faith with the representatives of the bargaining agent at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract and executed in a timely manner. Any such contract shall be for a term of not less than one (1) year nor more than three (3) years, notwithstanding the provisions of Article VII of this Charter relating to Budget and Finance. All collective bargaining agreements shall be effective on a January 1 date and shall terminate on a December 31 date. (B) It shall be the obligation of the bargaining agent to meet and bargain collectively in good faith with the Corporate Authorities at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract and executed in a timely manner. (Charter 1960, C5.82-5; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.6 Facilitation assistance.

§ 9.8.6 - Facilitation assistance. It is recognized that from time to time, the bargaining teams of the parties may find it difficult readily to achieve agreement. Whenever it is deemed appropriate or beneficial to do so, the parties may engage the services of one or more experts, consultants, facilitators or mediators as they may jointly agree may benefit the process of reaching agreement on one or more items. It is specifically contemplated that the parties might engage individuals who have demonstrated knowledge or expertise in a given topic under discussion or skills and abilities in dispute resolution to serve as a facilitator, mediator or other assistant to promote the parties reaching a voluntary resolution. Fees and expenses of such individuals will be shared equally by the parties, unless otherwise agreed. (Charter 1960, C5.82-6; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.7 Unresolved issues submitted to binding arbitration.

§ 9.8.7 - Unresolved issues submitted to binding arbitration. In the event that the bargaining agent and the Corporate Authorities are unable, within forty-five (45) days from and including the date of their first meeting, to reach an agreement on a contract, final offers on any and all unresolved issues concerning mandatory subjects of bargaining shall be submitted to binding arbitration and final offers on any permissive subjects of bargaining may be submitted to binding arbitration if both parties agree to submit them. The obligation of the parties to bargain in good faith shall continue after submission of unresolved issues to binding arbitration. Any or all issues which are unresolved between the bargaining agent and the Corporate Authorities may be resolved by the parties until the sixteenth day following receipt of the decision of the arbitrator. Any agreements reached within fifteen (15) days following receipt of the decision of the arbitrator shall supersede the decision of the arbitrator. In the event the bargaining agent and the Corporate Authorities are able to reach agreement upon any or all issues prior to the receipt of the decision of the arbitrator, then the arbitrator shall make no decision on such issue or issues. (Charter 1960, C5.82-7; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.8 Binding arbitrator; selection.

§ 9.8.8 - Binding arbitrator; selection. (A) Within thirty days (30) after the adoption of this Section, the City shall, in some reasonable manner, solicit applications from persons who desire to be on a permanent panel of arbitrators to resolve impasses as described in Section 9.8.7. (B) In order to be eligible to be on the permanent panel of arbitrators, a person must be impartial and disinterested and must be qualified by experience and training as a neutral Hearing Officer or arbitrator in labor/management disputes. These disputes shall be an impasse in negotiations between labor and management, disputes over the meaning or application of contracts between labor and management, or discipline. Any person whose only experience is as a hearings officer in any civil or Career Service system shall not be qualified. Persons who are members of the National Academy of Arbitrators or on the American Arbitration Association panel of labor arbitrators are presumptively qualified. (C) The City Council shall create a permanent panel of at least three (3) arbitrators from those qualified persons who apply. Placement on the permanent panel shall be approved by a resolution or ordinance by the City Council. Any qualified person can be added to the permanent panel at any time. Persons on the panel shall remain on the panel for a term of six (6) years, and may be reappointed, provided that the members of the initial panel shall be appointed to terms of varying lengths not to exceed six years. Any person on the permanent panel may be removed by passage of a resolution or ordinance by the City Council unless that person has been selected to conduct a hearing concerning a particular dispute pursuant to paragraph (e) of this subdivision, and then that person can only be removed after issuing a decision in that dispute. (D) Each person put on the permanent panel shall sign an oath to uphold the terms of this Section. (E) Within three (3) days of the expiration of the 45-day time period referred to in Section 9.8.7, the bargaining agent or the Corporate Authorities may request the list of names from the City Clerk and the City Clerk shall submit a list with the names of all members of the permanent panel to the bargaining agent and the Corporate Authorities within five days. Within ten (10) days of receipt of this list, the bargaining agent and the Corporate Authorities shall meet and alternatively strike one name from the list until one name remains (if the panel has an odd number of names) or two names remain (if the panel has an even number of names). If one name remains, that person shall be the arbitrator for that dispute. If two names remain, the Mayor shall select one of those two names to be the arbitrator for that dispute. The Mayor's selection must take place within five (5) days of the completion of the striking process by the bargaining agent and the Corporate Authorities. The determination of whether the bargaining agent or the Corporate Authorities strikes first shall be done by flip of a coin. (F) Nothing herein shall be construed to prevent the bargaining agent and the Corporate Authorities from agreeing to an arbitrator from the permanent panel. (Charter 1960, C5.82-8; added March 20, 1995; Ord. No. 608-05, § 1, 8-9-05, elec. 11-1-05)

Denver City Charter, art. IX, § 9.8.9 Hearings.

§ 9.8.9 - Hearings. (A) The arbitrator shall call a hearing to begin within twenty-five (25) days of selection, and shall give at least ten (10) days notice in writing to the bargaining agent and the Corporate Authorities of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all oral or documentary evidence and other data deemed competent and relevant by the arbitrator shall be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relating to or pertinent to the issues presented for determination. (B) The hearing conducted by the arbitrator shall be concluded within seven (7) days of the time of commencement. Within five (5) days following the conclusion of the hearing, the parties may, if they deem necessary, submit written briefs to the arbitrator. Within ten (10) days of receipt of such briefs, or within ten (10) days after the conclusion of the hearing if no post-hearing briefs are filed, the arbitrator shall make written findings and conclusions setting forth the basis of the arbitrator's decision on the issues presented, a copy of which shall be delivered to the bargaining agent and the Corporate Authorities in the same manner on the same date. The written findings and conclusions shall be reached in accordance with the provisions of Section 9.8.10. (Charter 1960, C5.82-9; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.10 Factors to be considered by the arbitrator.

§ 9.8.10 - Factors to be considered by the arbitrator. The arbitrator shall conduct the hearing and render his or her decision with due consideration of the need for a prompt, peaceful and just settlement of all unresolved issues between the bargaining agent and the Corporate Authorities. The arbitrator may apply the standards commonly used in interest disputes but shall rely predominantly on the following in arriving at a decision: (A) The interests and welfare of the public and the financial ability of the City to bear the costs involved; (B) The lawful authority of the City; (C) Stipulations of the parties; (D) Comparison of the compensation, fringe benefits, hours, and other terms and conditions of employment of Denver Police Officers with other Police Officers performing comparable services in public employment in comparable communities nationally and locally. However, while the arbitrator may consider such comparisons in making a decision, in no event shall the arbitrator make an award that is indexed or otherwise expressed as a relationship to compensation, a fringe benefit, or the number of hours in the work week of any other employee or employees who are not members of the Denver Police Department; and (E) The cost of living. (Charter 1960, C5.82-10; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.11 Final offer procedure.

§ 9.8.11 - Final offer procedure. The Corporate Authorities and the bargaining agent shall submit to the arbitrator final offers on each issue on which there was not agreement. The award of the arbitrator on each issue shall be the final offer of the Corporate Authorities or the final offer of the bargaining agent. The arbitrator shall state the reasons for the award in writing in accordance with Section 9.8.9(B). (Charter 1960, C5.82-11; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.12 Finality of the arbitrator's decision.

§ 9.8.12 - Finality of the arbitrator's decision. (A) Except as provided in this subdivision, the decision of the arbitrator shall be final and binding on the bargaining agent and the Corporate Authorities; provided that the arbitrator's decision shall be binding only for the term of the contract. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within fifteen (15) days after receipt of the arbitrator's decision. (B) The arbitrator's decision shall be subject to court review only pursuant to the terms of this subdivision. Any party desiring court review must file suit in District Court no later than thirty (30) days after the date of the arbitrator's decision. Failure to file suit within this time frame shall waive the right to appeal the decision. A party may appeal to the District Court only on the following grounds: (i) The award was procured by corruption, fraud or other similar wrongdoing; or (ii) The decision on any issue is arbitrary and capricious, to wit, there is no competent evidence in the record to support the decision; or (iii) The decision on any issue was reached without considering the factors listed in Section 9.8.10 hereof; or (iv) The award of the arbitrator on an issue was not the final offer of the Corporate Authorities or the final offer of the bargaining agent. (C) The court shall not conduct de novo review except to determine whether the award was procured by corruption, fraud or other similar wrongdoing. If the court determines that the award was procured by corruption, fraud or other similar wrongdoing, the entire award shall be vacated and the matter shall be remanded back to a different arbitrator selected pursuant to the terms of 9.8.8(E) hereof. The arbitrator who issued the award determined to be procured by corruption, fraud or other similar wrongdoing shall no longer be deemed qualified to be on the permanent panel of arbitrators, shall cease to be a member of the panel and shall not be eligible for reappointment to the permanent panel. If the court determines that the arbitrator's decision on any issue is arbitrary and capricious, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the bargaining agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a new decision on that issue which is based on some competent evidence in the record. If the court determines that the arbitrator's decision on any issue was reached without considering the factors listed in Section 9.8.10 hereof, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the bargaining agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a decision which considers the factors listed in Section 9.8.10 hereof as the arbitrator deems proper. If the court determines that the arbitrator's decision did not accept the final offer of either the Corporate Authorities or the bargaining agent on an issue, the court shall remand the issue to the arbitrator with instructions to accept the final offer of either the Corporate Authorities or the bargaining agent. (Charter 1960, C5.82-12; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.13 Fees and expenses of arbitration.

§ 9.8.13 - Fees and expenses of arbitration. One-half of the necessary fees and necessary expenses of arbitration (excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and one-half shall be borne by the bargaining agent. (Charter 1960, C5.82-13; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.14 Collective bargaining agreement; what constitutes.

§ 9.8.14 - Collective bargaining agreement; what constitutes. (A) The collective bargaining agreement between the City and the bargaining agent shall consist of any and all terms actually agreed to by the parties or awarded by the arbitrator. At the request of either the bargaining agent or the Corporate Authorities, the agreement shall contain a grievance procedure which culminates in final and binding arbitration by a neutral arbitrator. The grievance procedure may be established by voluntary agreement or by the arbitrator. (B) Whenever there is a conflict between the terms of the agreement and a rule, executive order, procedure, policy, or any ordinance of the City which is applicable only to employees of the City, the provisions of the agreement shall prevail; provided, however, when a conflict is between the terms of the agreement and an ordinance or executive order adopted prior to March 7, 1995, other than an ordinance or executive order establishing compensation or fringe benefits for Police Officers, the ordinance or executive order shall prevail. (Charter 1960, C5.82-14; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.15 Request for bargaining.

§ 9.8.15 - Request for bargaining. (A) In order to begin the bargaining process, it is the obligation of the bargaining agent to serve written notice of request for bargaining on the Corporate Authorities no later than June 1 of the year before the contract period which will be the subject of the bargaining process with bargaining to commence no later than July 1. Notwithstanding the above, in any year in which the City may be required to bargain with more than one employee group, the Council may, before January 31, establish by ordinance a schedule for collective bargaining for Police Officers. In no event shall the City modify the schedule as established in this paragraph by more than thirty (30) days in either direction. (B) All time limits for action contained in this Section, other than the times for requesting and commencing bargaining set forth in this subdivision, may be waived by mutual consent of the parties. (Charter 1960, C5.82-15; added March 20, 1995; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.8.16 Terms and conditions of employment not to be reduced.

§ 9.8.16 - Terms and conditions of employment not to be reduced. The compensation and fringe benefits granted to Police Officers as of January 1, 1972 by Section C5.40 and the Subdivisions thereunder, by Subdivisions C5.41-4, C5.41-5, C5.41-6, C5.46-5, C5.48-1, and by Section C5.49 of the 1960 Compilation of the Charter; and by Sections 9.6.5, 9.6.6, 9.6.7 of this Charter, shall not be reduced except by voluntary agreement between the Corporate Authorities and the bargaining agent. (Charter 1960, C5.82-16; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.17 Prohibition.

§ 9.8.17 - Prohibition. (A) Neither the bargaining agent nor the Police Officers, nor any person acting in concert with them, will cause, sanction, or take part in any withholding of services to the City by means of a strike, walkout, sitdown, slowdown, stoppage of work, abnormal absenteeism, or other method. Therefore, all such actions are expressly prohibited. (B) Violation of any provision of Subsection (A) of this Section 9.8.17 by the bargaining agent of the Police Officers shall be cause for the City to terminate a collective bargaining agreement with the bargaining agent upon giving written notice to that effect to the chief representative of the bargaining agent, in addition to whatever other remedies may be available to the City at law or in equity. (C) Violation of any provision of Subsection (A) of this Section 9.8.17 by any Police Officer shall be just cause for discipline of the Police Officer, in addition to whatever other remedies may be available to the City at law or in equity. All provisions of Section 9.4.13 and its Subsections shall apply to any disciplinary action under this Subsection. (D) No Police Officer or person seeking to become a Police Officer shall be appointed, promoted, reduced, removed or in any way discriminated against because of affiliations or nonaffiliations with an employee organization; provided that it shall be allowable and it shall not be in violation of this Charter for an agreement between the bargaining agent and the Corporate Authorities to require as a condition of employment the payment by Police Officers to the bargaining agent of an amount not to exceed the normal dues and assessments required of members of the bargaining agent so long as the City is adequately indemnified and held harmless as part of the agreement. (Charter 1960, C5.82-17; added March 20, 1995)

Denver City Charter, art. IX, § 9.8.18 Severability.

§ 9.8.18 - Severability. If any clause, sentence, paragraph, or part of this Part 8 or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Part 8 or its application. (Charter 1960, C5.82-18; added March 20, 1995; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIXEM_PT8COBAPOFetched: 10/27/2026