Federation of Parole and Probation Officers 2025-2028 Agreement

2025 – 2028 agreement between Clackamas County, Oregon and Federation of Oregon Parole and Probation Officers

Preamble

This Agreement is entered into by Clackamas County, Oregon, hereinafter referred to as the County, and the Federation of Oregon Parole and Probation Officers, hereinafter referred to as the Federation.

Article 1 - Recognition

Section 1. The County recognizes the Federation as the exclusive bargaining agent for the purpose of establishing wages, hours and other conditions of employment for all County employees classified as Parole and Probation Officer I, II, and Parole and Probation Officer, Senior; except supervisory and confidential employees, temporary employees (those hired for a period of time not to exceed 1600 hours in a twelve (12) month period based on the County’s Affordable Care Act look back period of November 1 through October 31 and every twelve (12) months period thereafter) and employees regularly working a schedule of less than 20 hours per week.

Article 2 - Preservation of Public Rights

The Federation recognizes that an area of responsibility must be reserved to the County if County government is to effectively serve the public. Therefore, the County shall have the full and complete right to manage and direct its business and it is recognized that the following responsibilities of management are exclusively functions to be exercised by the County and are not subject to negotiation insofar as this right does not affect the meaning, interpretation or application of any other terms of this Agreement:

1. The determination of the governmental services to be rendered to the citizens of Clackamas County.
2. The determination of the County's financial, budgetary and accounting procedures.
3. The management and direction of the work force including, but not limited to, the right to determine the methods, processes and manner of performing work; the right to hire, promote, transfer within the same pay range and retain employees; the right to discipline or discharge for just cause; the right to lay off for lack of funds; the right to establish or abolish positions or reorganize the departments or division; the right to determine work schedules and assignments; the right to purchase, dispose of and assign equipment or supplies; and the right to contract or subcontract any work.

The County, in exercise of the above-mentioned functions, will not discriminate against any employee because of their membership in the Federation.

Article 3 - Hours of Work

1. Work Period.

Both parties agree that the members of this bargaining unit are law enforcement personnel under the meaning of the Fair Labor Standards Act and are therefore subject to Section 7k of that act. Overtime will be paid to employees covered by this agreement for any hours worked exceeding the maximum number of hours permitted within the specified work period. The work period shall be determined by the county. However, the work period shall be no less than fourteen (14) days nor more than twenty-eight (28) days.

2. Irregular Hours.

It is recognized by both parties that employees in the bargaining unit work irregular hours in the performance of their duties.

3. Overtime.

The Federation acknowledges that from time-to-time overtime work will be required. An employee who performs authorized work for more than eighty (80) hours in a fourteen (14)-day pay period or one hundred and sixty (160) hours in a twenty-eight (28) day pay period shall be compensated at time and one half (1.5) their regular rate for each hour worked. Compensation for such hours will be in the form of compensatory time or may be paid in cash at the County’s discretion where budgeted funds are available.

4. Work Schedule.

Schedules shall be arranged in accordance with current work rules (See Appendix A) and the work day shall begin no earlier than 6:30 a.m. and end no later than 10:00 p.m. In light of the requirement that Adult Parole and Probation Officers must often work irregular hours and must also be flexible in the hours they work in order to meet caseload demands, it is recognized that Parole and Probation Officers may adjust or flex their work hours within the 80-hour, 14-day pay period referenced in Section 3 above, provided such flexing of hours does not create an overtime liability. Examples of situations that may require flexing of schedules include: caseload demands, planned medical/dental appointments, etc. When such action results in a work schedule change, the employee must notify their supervisor and receive prior permission from their supervisor to work those hours. It is understood that evening and weekend work is a recognized part of the PPO’s irregular work schedule.

5. Hours of Operation.

The office shall be open and staffed to give service to the public during regular business hours Monday through Friday. However, these hours may be modified to meet the needs of clients and the public at the discretion of management.

Article 4 - Holidays

1. Holidays.

The following days shall be recognized and observed as paid holidays:

• New Year's Day (January 1st)
• Three (3) Floating Holidays
• Martin Luther King, Jr.'s Birthday (Third Monday in Jan.)
• President's Day (Third Monday in February)
• Memorial Day (Last Monday in May)
• Juneteenth (June 19th)
• Independence Day (July 4th)
• Labor Day (First Monday in September)
• Veterans' Day (November 11th)
• Thanksgiving Day (Fourth Thursday in November)
• Christmas Day (December 25th)
• Every day appointed by the Board of County Commissioners as a holiday.

To receive pay for a holiday, the employee must be in a paid status on the last working day immediately preceding the holiday and the next working day immediately following the holiday. Holidays occurring during a leave without pay shall not be compensated.

It is recognized by the parties that the floating holiday listed above shall be taken at the discretion of the employee and may be taken in conjunction with another holiday listed above or at any other time the employee may elect. Provided, however, that if the number of employees requesting a particular day off as a floating holiday would interfere with the need of the County to maintain sufficient staff to keep the office operating effectively that the County may require a reasonable number of employees to be available on a particular day. Time off for a floating holiday where this may occur will be allowed on the basis of seniority (that is, the most senior employees will be allowed the time off). New employees who qualify for paid holidays will be eligible for a floating holiday after ninety (90) days of employment. Employees shall receive prior approval to use their floating holiday, and floating holidays may be used in less than full hour increments. Floating holidays must be used within the calendar year in which they are granted. Unused floating holidays will not carry over to the next year. No payment will be made for unused floating holidays upon separation of employment. Holiday time off and personal days are earned at the rate commensurate with their regularly scheduled shift per day.

2. Weekend Holidays.

If any such holidays fall on Sunday, the succeeding Monday shall be deemed to be the holiday that year. If ever the holiday shall fall on a Saturday, the preceding Friday, shall be deemed to be the holiday.

3. Holiday During Leave.

Should an employee be on authorized leave when a holiday occurs, such holiday shall not be charged against such leave.

4. Holiday Work.

If an employee works on any of the holidays listed above, the employee shall, in addition to their holiday pay, shall be paid at the rate of one and one-half times (1-1/2) their regular rate of pay. Holiday pay shall be equal to their regularly scheduled shift. For example, if the employee works on a holiday and is assigned an 8, 9, or 10 hour day, they shall receive 8, 9, or 10 hours of time off respectively.

Article 5 - Sick Leave

1. Accrual.

Employees shall accrue unlimited sick leave at the rate of eight (8) hours for each month worked, to be used in the event of their illness or illness of a member of their immediate family or as permitted by applicable law. Use of sick leave shall follow Oregon Protected Sick Leave law and the Clackamas County Sick Leave Policy.

Employees in a paid status, defined as regular wages or accrued leave, for 88 hours (prorated for FTE status) or more in any month shall accrue sick leave for the next month on the first day of that month.

Absence due to sickness in excess of three (3) consecutive days may be verified by a health care provider's certificate at the request of the County.

Appropriate documentation may be required for absence of less than three (3) days if the County has reasonable suspicion that misuse or abuse of sick leave exists. The time spent, up to 1 hour, to obtain the medical certificate will be treated as time worked. The co-pay, if any, shall be reimbursed by the County upon the County receiving proof that the payment of a co-payment occurred.

2. Bereavement.

Exclusive of regular sick leave, an employee shall be granted not more than three (3) work days leave of absence off with full pay in event of the death of a member of their immediate family, as provided in County policy and as provided below, for the purpose of making household adjustments and/or to attend the funeral. The use of bereavement leave must be used within three (3) months of the death of the family member, unless approved otherwise by the appointing authority. A request to use bereavement leave for the death of an individual outside of the immediate family is subject to the approval by the Sheriff or their designee.

Where deemed necessary after review by the Sheriff or their designee, the employee may be granted up to two (2) additional days for travel time.

Consistent with the needs of the County and as approved by the Sheriff or their designee, an employee shall be granted not more than three (3) hours of bereavement leave to attend the funeral or memorial services for a current Clackamas County employee or retiree.

The bereavement leave provided for herein is in addition to any bereavement leave to which an employee may otherwise be entitled.

In addition to the benefit provided in this section, qualified employees may be eligible to use bereavement leave as provided by OFLA.

In relationships other than those set forth above, bereavement leave may be granted by the Sheriff or their designee upon the request of the employee for a maximum of three (3) consecutive working days.

3. Immediate Family.

An employee's immediate family shall be defined as spouse, domestic partner, parents, spouse's parents, children, siblings, and grandparents. Stepchildren or stepparents residing with the employee shall be included in the definition of immediate family. In relationships other than those set forth above, bereavement leave of absence may be granted by the Sheriff or their designee upon the request of the employee for a maximum of three (3) consecutive working days.

4. Conversion to Retirement Benefit.

Consistent with Oregon law and PERS rules, the County shall report all allowable, unused sick leave hours to PERS upon separation from County employment.

5. Hours Charged.

For employees working a standard eight (8) hour work day, for each day of sick and bereavement leave taken, eight (8) hours will be charged against accrued sick leave. For employees working a flexible schedule, each day of sick and bereavement leave shall be charged as the number of hours the employee is scheduled to work on the day reported as sick leave.

6. Communicable Disease. 

Should an employee be exposed to serious communicable disease in conduct of official duties, the employee shall be provided immunization against or testing of such communicable disease without loss of wages or cost to the employee where immunization will prevent such disease from occurring. If exposure resulted from contact with client or client associates or family, employee shall be granted leave with pay for the immunization or testing.

7. Sick Leave (Over 30 days).

If an employee is on authorized sick leave for more than 30 days, the agency shall provide coverage during that time to the extent needed in the opinion of the agency. On return, the supervisor and employee shall meet to discuss completion dates for work assigned.

8. Vacation Option. 

Employees who are absent on sick leave for a period in excess of their accrued sick leave shall use their accrued vacation, compensatory or personal holiday accruals to cover such time off. At the option of the employee on approved FMLA/OFLA, the employee may retain up to 40 hours of vacation time prior to being placed on leave without pay.

9. Leave Donation. 

Leave Donation will be granted in accordance with County Policy.

Article 6 - Vacation Leave

1. Accrual. 

A. Employees having served in the County service for six (6) consecutive full-calendar months, shall be credited with 52.2 hours of vacation leave, and thereafter, vacation leave shall be accrued in accordance with the following:

1. Less than five (5) years of unbroken service, 104.4 hours per year, accrued at the rate of 8.7 hours per month.
2. Five (5) to ten (10) years, but less than ten (10) years of unbroken service, 128.4 hours per year, accrued at the rate of 10.7 hours per month.
3. Ten (10) years to fifteen (15) years, but less than fifteen (15) years of unbroken service, 152.4 hours per year, accrued at the rate of 12.7 hours per month.
4. Fifteen (15) to twenty (20) years, but less than twenty (20) years of unbroken service, 176 hours per year, accrued at the rate of 14.7 hours per month.
5. After twenty (20) years of unbroken service, 192.4 hours per year, accrued at the rate of 16.7 hours per month.
6. The maximum vacation accrual shall be 280 hours. Vacation accrual may be extended temporarily during the yearly cycle of January 1 through December 31. Effective January 1 of each calendar year, accruals exceeding the maximum shall be reduced to the maximum. Employees will not be compensated for surplus hours that are lost.

Employees in a paid status, defined as regular wages or accrued leave, for 88 hours (prorated for FTE status) or more in any month shall accrue vacation leave for the next month on the first day of that month.

Layoffs up to two (2) years and leaves of absences are not considered breaks in service in applying this Article. Time in service for the purposes of determining eligibility for accelerated vacation accrual rates shall only accrue in calendar months in which the employee has been in a paid status, defined as regular wages or accrued leave, working half-time or greater, for at least eleven (11) work days.

B. Employees hired prior to July 1, 2000 may make a one-time election to enroll in the vacation sell back program by submitting a written request to Payroll no later than February 1, 2001. Once enrolled in this program, an employee may not return to their previous accrual schedule.

C. All employees hired on or after July 1, 2000 or employees hired prior to July 1, 2000 who have elected to enroll in the Vacation Sell Back program accrue vacation in the following manner:

1. Employees having served in the County service for six (6) consecutive full-calendar months, shall be credited with seventy-two (72) hours of vacation leave, and thereafter, vacation leave shall be accrued at the rate of twelve (12) hours vacation leave per month regardless of years of service.
2. Employees who have used at least forty (40) hours of vacation time in a calendar year may elect to sell back forty (40) hours vacation during that same calendar year. To receive compensation in lieu of time off, the employee must submit a completed Request to Sell Vacation form to Payroll no later than December 31st of that calendar year.
3. The maximum vacation accrual shall be 280 hours. Vacation accrual may be extended temporarily during the yearly cycle of January 1 through December 31. Effective January 1 of each calendar year, accruals exceeding the maximum shall be reduced to the maximum. Employees will not be compensated for surplus hours that are lost.

2. Vacation Times. 

Employees shall be permitted to choose either split vacation time usage or entire vacation time usage. Employees shall make a request for vacation leave to their immediate supervisor. The request may be approved unless it is contrary to the needs of the County. Employees shall have the right to determine vacation times, but in any case, vacation times shall be selected on the basis of seniority; however, each employee shall be permitted to exercise their right of seniority only once in any calendar year.

3. Termination. 

After six (6) months of service, upon the termination of any employee for any reason, all accumulated vacation shall be paid.

4. Hours Charged. 

For employees working a standard eight (8)-hour workday, for each full day taken as vacation, eight (8)-hours will be charged against accrued vacation leave. For employees working a flexible schedule, each day of vacation shall be charged as the number of hours the employee is scheduled to work.

5. Retiring Employees.

In the last year of employment prior to retirement, an employee who was hired prior to July 1, 2000, will be able to sell back up to fifty (50) hours of vacation. The employee will be responsible to notify the County of intent to retire in order to exercise this provision. This is a one-time option.

Article 7 - Other Leaves

1. Leave of Absence. 

After seven (7) years of employment, leaves of absence without pay for a limited period, not to exceed twelve (12) months, may be granted for any reasonable purpose, with the approval of the Sheriff or designee. Such leaves may be renewed for any reasonable period.

2. Jury Duty. 

Employees shall be granted leave with full pay any time they are required to report for jury duty or jury service, in lieu of jury fees. Employees who are excused from jury service before the end of their work day shall immediately report their availability for assignment to their supervisor.

3. Educational Leave. 

After completing three (3) years of service, an employee may request a leave-of-absence without pay for educational purposes subject to approval of the Department Director or Appointing Authority. Educational Leave is for enrollment at an accredited school, when it is related to their employment. The period of such leave-of-absence shall not exceed one (1) year, but it may be renewed or extended subject to approval of the Department Director or Appointing Authority, at the request of the employee. One (1) year leaves-of-absence with any requested extension, for education purposes, may not be provided more than once in any three (3) year period. Employees may also be granted leaves-of-absence with or without pay for educational purposes, for additional lengths of time, to attend conferences, seminars, briefing sessions, or other functions of a similar nature that are intended to improve or upgrade the individual skill or professional ability, provided it does not interfere with the operation of the County.

4. Military and Peace Corps. 

Military and Peace Corps leave shall be granted to the employee in accordance with Federal Law and/or Oregon Revised Statutes.

5. Other Protected Leaves

Employees shall be entitled to protected leave in accordance with all applicable federal laws, state laws, and County policies including but not limited to the Family and Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), Oregon Paid Family and Medical Leave (PFML), and the Americans with Disabilities Act (ADA). All leave under these laws shall be administered in accordance with applicable statutes and administrative rules. Employees are expected to provide advance notice of the need for

Article 8 - Health and Welfare

1. County Contribution.

The County agrees to contribute toward the monthly composite premium for each medical coverage to fulltime eligible employees and their eligible family members who elect coverage, effective on the first day of the month following the benefit-waiting period described in Section 9. The design of the medical plans shall be determined by the Benefits Review Committee as described in Section 8.

Effective January 1 of each year of the contract, the County agrees to contribute an amount equivalent to 95% of the monthly composite premium for each medical plan up to a maximum of 105% of the County contribution in the previous calendar year.

Employees will pay any remaining insurance premium cost share through payroll deduction.

Insurance Opt-Out: Employees who submit the Medical Insurance “Opt-Out” Waiver of Medical Coverage form certifying they have other coverage not obtained from the individual market or the Health Insurance Marketplace will receive $250.00 per month to be deposited into the employee’s HRA/VEBA account. Employees may only rejoin County coverage with a qualified life event or at next Open Enrollment subject to carrier rules.

The County and the Federation will make an assertive effort to support plan design changes through the Benefits Review Committee as may be needed to keep the total annual increase at or below five percent (5%) each year.

The design of the medical plan(s) shall be the authority of the Benefits Review Committee (BRC) as described in Section 8.

2. Benefits.

The County agrees to provide the Clackamas County Benefits Program for regular eligible employees and family members.

Bargaining unit employees agree to cooperate fully with the Benefits Division regarding participation and administration of the program.

3. Life Insurance.

The County agrees to contribute an amount equal to the premium for a life insurance plan with a death benefit of $75,000 to full-time employees. The design of the life insurance plan shall be the authority of the BRC as described in Section 8.

4. Dental Insurance.

The County agrees to pay 100% of the dental premium for coverage agreed to by the BRC for eligible employees and their eligible family members. The design of the dental plans shall be determined by the BRC as described in Section 8.

5. Long-Term Disability Insurance.

The County agrees to provide non-duty disability insurance coverage to eligible employees as described in the Benefits Handbook. The design of the disability plan shall be determined by the BRC, as described in Section 8.

The County agrees to contribute up to the full premium amount for disability insurance coverage with a benefit of sixty percent (60%) of up to $3,333 in monthly salary after an elimination period of the first thirty (30) days of each period of total disability or the exhaustion of accumulated sick leave, whichever occurs later.

6. Less Than Full-Time Employees.

For the purpose of eligibility for benefits, full-time employees are those regularly working thirty (30) or more hours per week. Regular part-time employees working at least twenty (20) hours per week shall be entitled to County-paid medical insurance as described in Section 1, and shall be entitled to purchase dental insurance as described in Section 4.

8. Benefit Waiting Period.

Medical, dental, vision, life and disability, health reimbursement account and voluntary benefits shall become effective on the first day of the calendar month following the employee’s date of hire.

9. Plan Changes Required by Law or Insurance Carrier.

The County shall act to update any mandated coverage or changes caused by Federal or State laws, rules and regulations and may make changes to take advantage of any enhancements made available by the insurance carriers. The County does not guarantee against unilateral changes in benefits initiated solely by the insurance carriers.

10. Health Reimbursement Account (HRA)

The County shall provide each employee covered by this agreement the opportunity to enroll in a Health Reimbursement Account (HRA).

The County shall pay the account fee up to $1.50 per account per month for each active employee enrolled in a HRA/VEBA. The participating employee shall be responsible for the third party annualized investment fee.

Eligible employees active as of December 31 of each year shall receive an annual contribution of $1,250 paid into their HRA/VEBA account by the third payroll period of the following year.

Participating employees who have used at least forty (40) hours of vacation in the prior calendar year shall have all vacation time up to eighty (80) hours in excess of the annual cap, as referenced in Article 6, paid into their HRA/VEBA account.

Article 9 - Wages

1. Wages and Classification Schedule. 

Effective and retroactive to the first full pay period after July 1, 2025, employees shall receive a 2.8% cost of living increase.

Effective the first full pay period after July 1, 2026, employees shall receive a cost of living increase equal to the percentage increase in the US Consumer Price Index, CPI-W: West Urban Annual Average, as reported by the U.S. Department of Labor, with a minimum of 0% and a maximum of 4.5%.

Effective the first full pay period after July 1, 2027, employees shall receive a cost of living increase equal to the percentage increase in the US Consumer Price Index, CPI-W: West Urban Annual Average, as reported by the U.S. Department of Labor, with a minimum of 0% and a maximum of 4.5%.
An updated pay plan will be published by the County each year by July 1 and posted on the County intranet and internet.

2. Steps and Probationary Periods:

Employees hired as a Parole and Probation Officer I are eligible for a step increase upon successful evaluation on the first of the month after six (6) months from date of hire. A Probation Officer I who receives DPPST certification for Parole and Probation Officer will promote to Probation Officer II effective the first day of the following pay period after the DPSST certification is received. Should DPSST approval exceed four (4) weeks following the employee’s submission for certification, the County shall retroactively apply any associated wage increases in excess of the four-week period.

Upon promotion to Parole and Probation Officer II, a new anniversary date is established. Thereafter employees are eligible for step increases upon successful yearly evaluation up to the top of the wage scale. 

Upon promotion to a Parole and Probation Senior or Specialist, the employee will serve a six (6) month probationary period and a new anniversary date is established. An employee who does not successfully pass the probationary period will revert to their previous position, absent other just cause disciplinary action.

3. Travel Expense Reimbursement. 

The County shall reimburse an employee at the current County Travel Policy rate for travel expenses incurred while performing the duties of his/her position when required in an employee's regular work. The County shall provide employees with use of County cars to perform work duties or will reimburse an employee for personal auto expense at the current County Travel Policy rate per mile where required in an employee's regular work. Any exception to the use of County cars or mileage reimbursement expenses must have pre-approval from the employee’s supervisor or manager.

4. Retirement Contributions. 

The County shall pay both employer and employee contribution to the Public Employees Retirement fund for the employee members participating in PERS or OPSRP as set by the Oregon legislature for the term of this Agreement. Eligibility for PERS/OPSRP is subject to ORS 238.015, 238A.100 & 238A.110.

In the event that during the life of this agreement, it becomes impossible for reasons of law, regulation or decisions for the County to pay the six percent (6%), employee contribution to PERS, then that sum shall be contributed on behalf of the employee to a retirement benefit, such as a transition account, state retirement account, County deferred compensation plan, or other individual retirement account. The intent of the parties is that the employees will be made whole in terms of the six percent (6%) retirement contribution made by the County.
Further, the County shall direct PERS that all members of the bargaining unit shall be entitled to Police and Fire Retirement provisions. The County shall pay Police and Fire Retirement provisions for the members of this bargaining unit retroactive to the date that the member became a qualified Police and Fire PERS member due to County employment.

5. Hourly Rate. 

The computation of the base hourly rate included in the Salary Range Schedule and used to compensate part-time employees working at a particular range and step shall be computed upon the following equation:

Yearly salary / 2080 hours per year = dollars per hour

6. Out-of-Class Work. 

When an employee is assigned, in writing by his/her supervisor, the duties of a higher classification for five (5) consecutive days or more, or for more than a total of ten (10) work days within a calendar year, the employee shall be compensated for such work at the minimum of the range of the higher paid classification or a 5% increase of base hourly pay, whichever is higher.

7. Deferred Compensation. 

For each pay period, an amount equivalent to four percent (4%) of the employee’s base hourly pay, including any out of class pay per pay period as set forth in Attachment A of the Deferred Compensation Plan Document shall be placed into a deferred compensation plan for each employee, the plan to be administered by a provider with whom Clackamas County has contracted for deferred compensation services.

Deferred compensation benefits shall become effective on the first date of the calendar month following two (2) full calendar months of continuous employment.

8. Longevity.

Employees covered by the bargaining unit shall be eligible for longevity pay as a percentage of gross salary for number of continuous years of regular status county service in the following amounts based upon accumulation of the established time employed in a paid status, defined as regular wages or County accrued leave.

Number of years	Percentage
5 Years (after 60 mos.)	1 %
10 Years	1.5%
15 Years	2.0%
20 Years	2.5%
25 Years	3.5%
30 Years	4.0%

Continuous service for the purpose of determining eligibility for longevity accrual rates shall be service unbroken by separation from County employment that results in a new date of hire. Longevity payments based on years of service and the tiers above are not cumulative.

9. Call-Out Pay. 

Whenever a Parole and Probation Officer is called to perform work duties during hours when not regularly scheduled to work (whether the work requires the employee to leave home or not) it will be considered a minimum of thirty (30)-minutes worked or the amount of time actually performing work, whichever is greater. Employees may choose to take this as either overtime pay or compensatory time. Multiple calls received within a thirty (30)-minute minimum are considered part of the thirty (30)-minute minimum. Additional calls after the thirty (30) minute period will result in another thirty (30) minute minimum time worked.

This section does not apply to voluntary changes made in a work schedule initiated by the employee and approved by the supervisor.

10. New Officer Training and other Training Assignments.

New Officer Training: Employees assigned in writing and as directed by the Sheriff or designee to perform New Officer Training duties will be paid a ten (10%) increase of base hourly pay while performing such duties.

Other Training Assignments: Employees assigned in writing and as directed by the Sheriff or designee to provide firearms, CBT (Cognitive Behavioral Therapy), EBP (Evidence Based Practice), or defensive tactics training instruction for Clackamas County will be paid a ten percent (10%) increase of base hourly pay while performing such duties.

Employees acting in multiple capacities, including New Officer Training duties, under this section may not receive more than a single premium.

Employees who are assigned training assignments are expected to maintain their primary job function to a satisfactory level. The Sheriff or their designee shall have the authority to discontinue employee participation in these assignments as needed for business reasons.

11. Bilingual Skills Pay.

1. When a position requires an employee to use a second (or more) language, including American Sign Language (ASL), as a condition for holding a particular position, the employee will receive an additional 5% of base hourly rate to be added to the employee’s regular salary. “Required use” shall be documented by an approved Position Classification Questionnaire and “Certification of Bilingual Requirement” form.
2. It is not the intent of the parties that the re-designation of a position to “bilingual required” creates a new classification.
3. When an employee who is not in a position that requires use of a second (or more) language, including American Sign Language (ASL), is authorized by their supervisor to utilize their bilingual skills in a sporadic nature, the employee will receive an additional five percent (5%) of their base hourly rate for actual time, rounded up to the nearest fifteen (15) minutes, for performing bilingual duties. “Sporadic Use” shall be documented by an approved “Certification of Bilingual Requirement” form.

12. Assignment, Selection, and Discontinuation of Temporary Probation & Parole Officer, Lead.

Assignment, selection, and discontinuation of employees to Probation and Parole Officer, Lead positions shall be at the sole discretion of the Sheriff or their designee. Assignments for over thirty (30) continuous days will be posted in the affected work unit for no less than five (5) work days. Employees in the work unit interested in the Probation and Parole Officer, Lead assignment shall submit a letter of interest to the unit supervisor and will be considered for the assignment. Employees assigned in writing by the Sheriff or their designee to a Probation and Parole Officer, Lead will be paid a ten percent (10%) increase of their base hourly pay for the duration of the assignment. Employees acting in multiple capacities, including New Officer Training duties or other training assignments may not receive more than a single ten percent (10%) premium. An employee assigned to the assignment for one (1) year or more shall be given ten (10) days written notice prior to the termination of such assignment. A copy of the written termination notice will be simultaneously given the Federation.

13. On-Call Probation Officer.

A probation officer shall be designated to take calls outside of regular business hours (8 a.m. - 5 p.m.). The on-call probation officer shall receive an additional $350.00per week in addition to call out pay, under Section 9 of this Article, as compensation. Employees will be offered the opportunity to bid two (2) weeks at a time on a rotating seniority basis. Employees assigned to “On-Call” status will be readily available for work and able to promptly respond to phone calls. 
If no bargaining unit employee volunteers for a particular on-call period, the remaining unfilled on-call weeks shall be divided equally between supervisory personnel and bargaining unit employees.

In the event the total number of unfilled on-call weeks during a six-month rotation period is an odd number, the party assigned the greater number of weeks during that rotation period shall alternate in the next six-month rotation period.
Assignment for bargaining unit employees under this section shall be by inverse seniority.

The Employer shall maintain a record of assigned on-call weeks to ensure that the additional week rotates between supervisory personnel and bargaining unit employees over successive rotation periods.
The parties agree to meet and confer regarding the implementation of the revised process surrounding the on-call assignment, recognizing that the process may evolve and require adjustments as it is implemented.

Hours “on-call” are not considered compensable hours worked.

14. DPSST Certification. 

Employees who obtain a DPSST Intermediate Certificate in parole and probation will be paid additional compensation in the amount of $95 per pay period.

Employees who obtain a DPSST Advanced Certificate in parole and probation will be paid additional compensation in the amount of $190 per pay period.

The above amounts will increase by an amount equal to the pay plan increases provided in Article 9.

Certification pay will commence effective the first day of the pay period following proof of certification by DPSST to the Sheriff or their designee.

This incentive pay is not cumulative and members are eligible for one level only.

Article 10 Discipline and Discharge

1. Disciplinary Measures.

Disciplinary action for regular employees shall be for just cause. The definition and application of just cause for law enforcement officers is also subject to ORS 236.350, ORS 243.808, and applicable State law. Discipline includes the following steps and shall normally be progressive as outlined below but the disciplinary process may be entered at any step and every step need not be utilized, depending upon the severity of the incident causing the disciplinary action:

1. Written reprimand;
2. Temporary pay reductions;
3. Suspension without pay;
4. Demotion;
5. Dismissal.

The County shall not impose a reduction in pay, suspension without pay, demotion or discharge of a non-probationary employee without appropriate pre-disciplinary due process procedures.

Effect of Counseling. Counseling is not discipline and may not be protested through the grievance process, except where the Federation challenges whether the counseling is disciplinary. Counseling is a less formal means of resolving issues related to daily operations, interpersonal conflicts, and minor matters of improper conduct. Counseling documents are not placed in an employee’s personnel file; however, they may be maintained in the performance documents file and may be mentioned in the next evaluation. Employees may provide a written rebuttal to the counseling within ten (10) calendar days of the employee’s receipt of the written counseling memorandum. Upon request, an employee may review and request copies of counseling documents in the performance documents file. After the later of twelve (12) months of the employee’s next performance evaluation, the counseling will be considered stale if no further counseling or discipline has been imposed for similarly related conduct. Nothing herein prevents or prohibits command staff from discussing operational matters informally with employees.

Written reprimands are not subject to grievance beyond Step-4 under Article 12 of this Agreement. All non-economic discipline shall be considered stale after thirty- six (36) months from the date of the discipline unless the employee has additional discipline for the same or similar misconduct, (in which case the 36 months begin after the last discipline issued). Stale discipline may not be used for the purposes of progressive discipline.

2. Investigatory Interview.

At least twenty-four (24) hours before an investigatory interview with an employee which may result in that employee receiving discipline, the employee will be provided with a written notice informing the employee of the nature of the investigation and of facts reasonably sufficient to inform the employee of the circumstances surrounding the allegations under investigation.

3. Due Process.

Pre-disciplinary “due process” means written notice, to the employee and FOPPO, of the charges and the facts upon which the charges are based, notice of the maximum range of discipline under consideration, and an opportunity to meet with the decision maker or their designee prior to imposition of economic discipline. Such a meeting may be recorded by any party at the meeting. Upon written request, the County shall provide the Federation and the affected employee with all the documents which are relied upon. The employee and/or the Federation may submit a written rebuttal to an oral or written reprimand which shall be maintained with the record of reprimand.

4. Avoidance of Embarrassment.

If the Sheriff or designee has reason to discipline an employee, the Sheriff or designee shall make a reasonable effort to impose such discipline in a manner that will not unduly embarrass the employee before other employees or the general public.

5. Federation Representation in Interview and Discipline Process.

The County acknowledges the right of the employee to have a representative of the Federation present at meetings with the employee, which could lead to discipline.

6. Probationary Employee.

Parole and Probation Officer I positions are on probation subject to termination at the discretion of the Sheriff’s Office. Upon promotion to Parole and Probation Officer II, employees will continue the probationary period for six (6) months subject to termination at the discretion of the Sheriff’s Office.

A lateral hire with Oregon Parole and Probation DPPST certification serves a twelve (12) calendar months probation period.

A probationary employee and/or FOPPO shall be afforded the opportunity to grieve any alleged violation, misapplication and/or misinterpretation of the Agreement related to a probationary employee; however, this shall not include any matter involving discipline or discharge related to a probationary employee.

7. Employee Status Definitions.

Probation: The probationary period is a working test period during which classified employees are required to demonstrate fitness by actual performance of the duties of the position to which they are appointed.

Regular employee: Means a classified employee who has successfully completed a probationary period for a position.

Article 11 - Layoff and Recall

1. Reason for Layoff. 

1. Medical Layoffs: The Sheriff or designee, in coordination with County Leave Administration, may lay off an employee because the employee is medically unable to perform the job, and there is no other job the employee can perform.
2. Non-Medical Layoffs: The Sheriff or designee may also lay off an employee because of shortage of funds or work or reorganization of the unit, if, in the opinion of the Sheriff or designee, there is no satisfactory alternative to lay off such as voluntary demotion, furlough, or reduced work week.

Discussions regarding layoffs may be initiated by either the employer or the Federation. The County retains the final authority to determine whether layoffs should occur.

2. Layoff. 

When a layoff occurs, Parole and Probation Officers shall be laid off according to seniority. Temporary, probationary, unallocated and/or non-regular Parole and Probation Officer positions must be eliminated before regular Parole and Probation Officers are laid off by the County, except when a layoff occurs because an employee was physically unable to perform the job.

3. Seniority. 

Seniority is defined as the length of continuous service in the Parole and Probation Officer classifications.

4. Bumping. 

When an employee is laid off due to a reduction in the work force, the employee shall be permitted to exercise bumping rights by displacing an employee with less seniority in the same or lower classification in the bargaining unit. If funds are increased and a higher-level position is reestablished, the bumping employee will be restored to the higher-level position. Bumping does not apply to medical layoffs.

5. Recall. 

Those employees who are laid off shall be eligible before new hires for recall to their classification for a period of two (2) years without loss of seniority or benefits subject to contract limitations. Recall shall be on the basis of seniority or merit as described in Section 3 above.

An employee subject to recall from a medical layoff must provide the County Leave Administrator with medical verification of their ability to perform the essential duties of the recall position prior to rehire.

6. Alternatives. 

The parties agree that the Federation may raise alternatives to layoff that the County will consider.

Article 12 - Settlement of Disputes

1. Grievance Procedure.

A. Grievances are defined as alleged violations of this Agreement and must be initiated within fourteen (14) calendar days of their alleged primary occurrence. Grievances filed in a timely manner shall be processed according to this Article. Upon mutual written agreement by the County or their designee and the Federation or their designee, when the nature of the grievance is such that it would be perfunctory or ineffectual to proceed at a lower step, the grievance may be initiated at the lowest step where successful solution may be reasonably expected. Employees shall make a good faith effort to resolve their problems informally at the immediate supervisor level prior to a grievance being submitted. If such a problem cannot be resolved, the following procedure shall be followed:

B. Step 1. Any employee, with notice to the Federation, or the Federation on an employee's behalf, may file a grievance in writing with the Division Captain within fourteen (14) calendar days from the date of the alleged breach of this Agreement. The Division Captain or designee shall attempt to schedule a meeting with the Federation and the Grievant within ten (10) calendar days after receipt of the grievance. If the issue remains unresolved, the Division Captain or designee shall respond in writing to the grievance within ten (10) calendar days of the Step 1 meeting. If no meeting is scheduled within ten (10) calendar days of receipt of the grievance, the Division Captain or designee shall instead issue a written response to the grievance no later than twenty (20) calendar days from the date of initial receipt of the grievance. The Step 1 response shall be provided to the Federation and the affected employee(s).

Step 2. If the grievance remains unresolved, the employee or the Federation may appeal the Step 1 denied grievance to the Undersheriff or designee in writing within ten (10) calendar days after the response required by Step 1 was due. The Undersheriff or designee shall attempt to schedule a meeting with the Federation and the Grievant within ten (10) calendar days after receipt of the Step 2 grievance. If the issue remains unresolved, the Undersheriff or designee shall respond in writing within ten (10) calendar days of the Step 2 meeting. If no meeting is scheduled within ten (10) calendar days of receipt of the grievance, the Undersheriff or designee shall instead issue a written response to the grievance no later than twenty (20) calendar days from the date of the notice to appeal for the current step. The Step 2 response shall be provided to the Federation and the affected employee(s).

Step 3. If the grievance remains unresolved at Step 2, the Federation may appeal the grievance to the Sheriff or designee within ten (10) calendar days after the response required by Step 2 was due. The Sheriff or designee shall attempt to schedule a meeting with the Federation and the Grievant within ten (10) calendar days after receipt of the Step 3 grievance. If the issue remains unresolved, the Sheriff or designee shall respond in writing to the Federation within ten (10) calendar days of the Step 3 meeting. If no meeting is scheduled within ten (10) calendar days of receipt of the grievance, the Sheriff or designee shall instead issue a written response to the grievance no later than twenty (20) calendar days from the date of the notice to appeal for the current step. The Step 3 response shall be provided to the Federation and the affected employee(s).

Step 4. If the grievance remains unresolved at Step 3, the Federation may appeal the grievance to the Manager of Employee and Labor Relations as a designee of the Director of Human Resources, within ten (10) calendar days after the response required by Step 3 was due. The Manager of Employee and Labor Relations shall attempt to schedule a meeting with the Federation and the Grievant within ten (10) calendar days after receipt of the Step 4 grievance. If the issue remains unresolved, the Manager of Employee and Labor Relations shall respond in writing within ten (10) calendar days after the Step 4 meeting. If no meeting is scheduled within ten (10) calendar days of receipt of the grievance, the Manager of Employee and Labor Relations shall instead issue a written response to the grievance no later than twenty (20) calendar days from the date of the notice to appeal for the current step. The Step 4 response shall be provided to the Federation and the affected employee(s).

C. The intent of both parties is to process grievances at each step in as short a period of time as is practical. If a grievance is not filed or advanced to the next step within ten (10) calendar days of a written decision (or if no written decision is issued within ten (10) calendar days from the date upon when such decision was due), it shall be deemed waived. Employees and the Federation shall be assured freedom from reprisal for use of the grievance procedure. Employees shall have the right to process grievances with or without representation by the Federation through Step 2 of the grievance process. However, if an employee is processing a grievance without Federation representation, the County shall ensure that the Federation has received a copy of any and all information and materials related to the grievance at the same time that the County provides such information and/or materials to the employee. A Federation representative shall have the right to be present for any meetings related to grievances and/or their disposition, when the employee has not requested the Federation's representation. The County will make every effort to provide timely information to the Federation of such meetings and collaboratively work with the Federation to ensure that a Federation representative is available for such scheduled meetings.

D. All grievances shall be reduced to writing and submitted on the form identified as Official Statement of Grievance Form.

E. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time which, if mutually agreed to, must be agreed to in writing and shall become part of the grievance record. Within fourteen (14) calendar days of an alleged violation of this Agreement, the Federation or a group of employees may file a grievance on behalf of one (1) or more employees where such employees are similarly affected by an action taken by the Agency. Such grievances shall be signed by at least one (1) of the affected employees and/or Federation representative and shall be filed at the lowest step where the person hearing the grievance has the authority to resolve it.
Any grievance, having progressed through the steps outlined in Article 12 (Grievance Procedure), and remaining unresolved, may be submitted by the Federation to arbitration for settlement. To be valid, the request for arbitration must be in writing and from the Federation and received by the Employer within ten (10) calendar days after receipt of the Director of Human Resources or designees’ response. 
By mutual agreement, any grievance filed under the terms of this article may be referred to mediation at any time during the grievance process. The Federation and County agree to equally split the cost of such mediation.

2. Arbitration Procedure.

A. If arbitration is requested, the parties shall attempt to agree upon an arbitrator who shall act as sole arbitrator of the dispute. The parties agree that any decision of the arbitrator which is within the scope of this Agreement shall be final and binding upon them. In the event that the parties fail to agree upon the selection of an arbitrator, a list of seven (7) Oregon and Washington arbitrators shall be requested from the Employment Relations Board of the State of Oregon. The list requested shall consist of an odd number of arbitrators. After the flip of a coin has determined which party shall strike first, each party shall, in turn, strike one arbitrator at a time from the list until one name remains. The arbitrator whose name remains shall act as the arbitrator of the dispute. The arbitrator shall not have the authority to modify, add , alter or detract from the provisions of this Agreement. The arbitrator shall exercise all powers relating to admissibility of evidence, conduct of the hearing and arbitration procedures, provided that in so doing, he shall not contravene any provisions of this Agreement. The compensation of the arbitrator and all expenses incurred by him shall be borne by the party against whom the arbitrator's decision is adverse. However, the arbitrator shall have the power to require the parties to share in the expense of the arbitration proceeding in any proportion that the arbitrator deems reasonable. The arbitrator’s decision is due within thirty (30) days of the close of the hearing although the arbitrator’s failure to meet the time shall not affect his jurisdiction over the dispute.

If arbitration is requested by the Federation for grievances involving discipline of a law enforcement officer, the Federation will request an arbitrator consistent with ORS 243.808 and in accordance with the process established by the Employment Relations Board.

B. If the arbitrator is faced with a question of arbitrability at the arbitration hearing, then the arbitrator shall be obliged to first hear arguments and evidence and decide that question prior to hearing any arguments and evidence regarding the merit(s) of the grievance. If the arbitrator affirmatively decides the question of arbitrability in favor of arbitration, then the arbitrator may hear arguments and evidence on the merits of the grievance. If requested by either the Federation or the County, the hearings for a question of arbitrability shall be held separately from any hearing on the merits of the grievance. The decision(s) of the arbitrator shall be binding on both parties to this Agreement.

3. Discrimination Complaints.

An employee alleging any form of discrimination may file a complaint with the Undersheriff or their designated representative for processing according to Department policy governing investigation and resolution of alleged discrimination complaints. An employee alleging any form of discrimination may also file a written complaint with the Director of Human Resources as provided by the County’s policy and may also file a grievance.

4. Release Time.

The Federation President, a Grievance Committee member, or a Federation Executive Board member, shall be allowed reasonable time and opportunity, without loss of pay, to assist an employee to pursue a grievance or dispute through the steps of the grievance procedure as outlined in Section 1 above.

Article 13 - Workers' Compensation

Section 1. All County employees will be insured under the provisions of the Oregon State Workers Compensation Act for injuries that arise out of and occur in the course of employment for the County. The County is self-insured for workers’ compensation claims. The County and Federation acknowledge the right of employees to receive workers’ compensation benefits as provided by state law and this article.

Section 2. The County will compensate the employee for injuries that result in an inability to work with sufficient medical authorization that arise out of and occur in the course of employment where the claim has been accepted in an amount equal to the injured employee’s regular pay, including any regular additional pay, such as longevity, that the employee was receiving at the time of the injury for up to and including 180 days from the date of injury. This wage continuation provision will continue for up to and including 180 calendar days from the date of injury, and is subject to the following conditions:

1. The day of injury shall be considered a workday, and the employee will receive their normal salary for that day.
2. The waiting period as stated in ORS 656.210 will be charged to sick leave or other accrued leave if available unless total temporary disability exceeds fourteen (14) consecutive days. Then, worker’s compensation covers from the first day.
3. The employee’s regular pay will be subject to all standard deductions, such as income tax and employee benefits, as required or allowed under Federal and State Law.
4. While the employee is receiving wage continuation under this provision, they will continue to receive all other County health and welfare benefits they were enrolled in at the time of the injury unless prohibited by law, rule, and regulation or provider contract.

Section 3. After one hundred and eighty (180) calendar days from the date of injury, if the employee is still unable to work as a result of the accepted condition, the employee will receive temporary total disability benefits as provided under Oregon Workers’ Compensation Law.

After one hundred and eighty (180) calendar days from the date of injury, the employee may elect to use accrued leaves to supplement the difference between statutory worker’s compensation benefits and the employee’s regular pay (including any regular additional pay).

Section 4. Medical and dental insurance coverage shall be provided for employees as was in place prior to the injury for as long as employee remains employed during this period. Employees are responsible for any applicable insurance premium cost share as provided for in Article 11. Further coverage shall be at the discretion of the Board.

Section 5. The County may request the employee to return to modified or light duty, subject to medical release. An injured employee that refuses to return to modified or light duty may be subject to loss of reinstatement rights, reduction of disability benefits, and/or medical layoff.

Article 14 - Federation Security, Checkoff and Dues

1. All employees covered by the terms and conditions of this Agreement shall have the voluntary choice whether to become members of the Federation. The County agrees to deduct dues in the amount determined by the Federation from the wages of each employee who is a member of the Federation. Federation members hired on or after June 26, 2018, shall provide the County with written authorization to deduct dues. Dues shall be deducted each pay period from each member’s compensation and remitted monthly to the Treasurer of the Federation.
2. Such uniform amounts as the Federation Treasurer certifies to the County as the dues approved by the members of the Federation shall remain as the reasonable amount to be deducted hereunder.
3. Federation Members terminating with less than ten (10) working days in any calendar month will not be subject to dues deduction.
4. The County will not be held liable for check-off errors, but will make proper adjustments with the Federation for errors as soon as is practicable if notified within ten (10) days of the error. In no case shall such an adjustment extend beyond the following pay period. In order for both parties to have adequate information on dues check-off, an updated list of eligible members of the bargaining unit will be delivered by the Federation to the County Payroll Division.

Article 15 Federation Rights

1. Access to Workers. 

Authorized representatives of the Federation may visit the work locations of employees covered by this agreement at reasonable times, provided that such visitations will not interfere with the work of the employees.

2. Notification to County. 

The Federation shall notify the County in writing of the names of all authorized representatives, Federation representatives and officers. The list will be updated as necessary.

3. Federation Negotiators. 

Employees selected by the Federation to act as Federation representatives for the purpose of negotiating amendments or modifications to this agreement shall be known as the Federation of Oregon Parole and Probation Officers Negotiating Committee. The names of employees so designated shall be certified in writing to the County by the Association. The Negotiating Committee shall consist of a permanent panel of no more than three (3) members and a Federation President (excluding legal representation). The Federation may assign one (1) permanent alternate who may attend negotiation meetings when a permanent member of the Negotiating Committee is unable to attend. All negotiation meetings with the County Negotiating Committee shall be held during working hours, on the County's premises without loss of pay. Attendance at negotiation meetings shall not cause overtime for members of the Federation Negotiating Committee

4. No Discrimination. 

The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, religion, national origin, disability, gender identity, sexual orientation, or political affiliation or as otherwise provided by applicable law. The Federation shall share equally with the County, the responsibility for applying this provision of the Agreement. The County agrees not to interfere with the rights of employees to become members of the Federation, and there shall be no discrimination, interference, restraint, or coercion by the County, or any County representative, against any employee because of Federation membership or because of any employee activity in an official capacity on behalf of the Federation, or for any other cause. Nothing in this section shall be construed to limit the County's right to effectively and efficiently run the County's operations.

5. Federation Business.

Elected officers and negotiators will be allowed a reasonable amount of work hours to handle labor relations matters. This will include that time necessary to attend Labor-Management meetings when scheduled by mutual agreement. The Federation representative must record any time more than fifteen (15) minutes involved in Federation business during paid County time on their department’s timekeeping system with the exception of approved vacation or compensatory time (and with the exception of unpaid lunch or breaks, depending on department policy).

Article 16 - Administrative and Miscellaneous Provisions

1. Existing Conditions.

All future work rules and benefits that are mandatory subjects of collective bargaining shall be subject to mutual agreement before becoming effective. Changes in all existing conditions that are mandatory subjects of collective bargaining shall be negotiated with the Federation consistent with PECBA.

Whenever such conditions or changes or new conditions are finalized, they shall be provided electronically to all bargaining unit employees.

2. Contract Distribution.

The collective bargaining agreement will be available on the County website. Employees may print a copy at work once per year.

3. Car Mileage Reimbursement.

It is the policy of the County that employees who are required by their supervisor to use their personal automobile for authorized County work shall receive mileage for such use in accordance with the County-wide travel policy.

4. Training Policy.

The County shall manage the training program for staff through the Department Training Policy. The parties agree that any changes to the Training Policy shall be referred to the Labor/Management Committee for discussion prior to implementation.

5. Work Rules.

Work rules shall not conflict with the terms of this Agreement. Employees shall comply with County-wide work rules that exist in County personnel policies

6. Electronic Mail.

1. Federation representatives (those persons holding positions as officers within the Federation) may use the County email system to communicate concerning collective bargaining matters.
2. “Collective bargaining matters” means any of the following:
   1. official Federation announcements to the Federation membership (such as meeting subjects, dates and times);
   2. the meaning, interpretation or application of this Agreement;
   3. the presentation and adjustment of grievances;
   4. matters directly related to the collective bargaining relationship between the County and the Federation.
3. Federation members may use the County email system to contact Federation representatives regarding collective bargaining matters, including any of the following purposes:
   1. to arrange a date, time and location for a meeting concerning the meaning, interpretation or application of this Agreement;
   2. to ask a question regarding meaning, interpretation, or application of this Agreement;
   3. to present a grievance regarding the meaning, interpretation or application of this Agreement;
   4. to request Federation representation in matters concerning the meaning, application or interpretation of this Agreement.

4. In addition to collective bargaining matters, Federation representatives are permitted to use the County email system to communicate with bargaining-unit members regarding matters involving the governance or business of the Federation.

   It is understood that there is no expectation of confidentiality or privacy concerning communications sent over the County email system, and that the County reserves the right to access and disclose all messages sent over the County email system for any purpose.

5. The County email system will not be used for political purposes at any time, and this limitation shall override any of the permissible uses of the email system listed above. “Political purposes” shall include matters related to support or opposition to candidates or measures in any election (County elections, Federation elections, or otherwise).

7. Video Cameras and GPS Data.

1. Video camera recordings and/or GPS may be accessed, reviewed and preserved as the County for business reasons. Video recordings and/or GPS data will not be used for yearly performance evaluations, unless disciplinary action has been imposed from evidence derived from a specific recording and/or GPS data. In the event the County elects to review video and/or GPS data as part of an investigation, the County shall notify the Federation and provide the Federation with an opportunity to view the video and/or GPS data.
2. In the event information revealed on video camera and/or GPS data raises concerns regarding employee conduct, the County will retain the video recording and/or GPS data and agrees to provide a copy of the video recording and/or GPS data to the Federation and the employee in advance of any pre-disciplinary meetings.

8. Over/Under Payments.

Any employee receiving unauthorized payments has the obligation to call such error to the attention of their supervisor and the County’s payroll department. As soon as the overpayment or underpayment is known, the County will act in accordance with the Finance policy 1.402 Over-Underpayment Collection policy.

Article 17 - Safety and Health

1. Facility Standards Maintenance. 

The County agrees to abide by and maintain in its facilities and work operations standards of safety and health in accordance with the State of Oregon Safe Employment Act (ORS 654.001 to 654.295 and 654.991).

2. Safe Place of Employment. 

It is the responsibility of the County to make every reasonable effort to provide and maintain a safe place of employment. It is the responsibility of all employees to practice safe working habits and to report any observed unsafe conditions immediately. Employee recourse to unsafe working conditions would be handled as follows:

Employees will report any personally observed unsafe practice or conditions to the immediate supervisor. If the practice or condition is not remedied in a timely manner by the immediate supervisor, the employee shall submit the matter to County Risk and Safety personnel or the Federation representative to take up with a higher authority.

3. First Aid Kits. 

The County will provide first aid kits designed to serve at least the number of employees in each office.

4. Communicable Disease. 

If, in the conduct of official duties, the employee is exposed to serious communicable diseases that would require immunization or testing, the employee shall be provided immunization against or testing for such communicable disease without cost to the employee where immunization will prevent such disease from occurring. The employee shall be granted leave with pay with no loss of accrued sick leave or other leave for the immunization or testing.

5. Vehicles. 

Each vehicle that is provided for use by Parole and Probation Officers shall be properly maintained in a safe and serviceable condition. Each vehicle will have in it a first aid kit, a fire extinguisher, and two communicable disease kits. The County shall make available to the field staff no less than three (3) cage cars equipped as specified above.

6. Automobile Registration. 

The County will allow employees to register their personal automobiles at the Community Corrections Division address if provided by law and provide adequate parking.

7. Traumatic Incidents.

Any employee whose actions result in the receipt of or witness to a serious threat of injury, serious injury or death of another person in the performance of their duties shall be given, at the discretion of the Sheriff or their designee, with input from the employee’s Peer Support member if applicable, up to three (3) consecutive working days of paid administrative leave for the traumatic incident. In addition, the County will provide paid administrative leave for up to six (6) EAP visits related to the traumatic incident. The decision whether an event is traumatic for the purposes of this section shall be at the sole discretion of the County.

Article 18 - Transfers

In the event a position becomes vacant within the division, eligible employees within the classification will be notified in writing and will be allowed to request transfer into said position. Selection and final approval of any transfer will rest with the division head.

Article 19 - Savings Clause

Should any Article, Section, or portion thereof, of this Agreement be held unlawful and unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the specific Article, Section or portion thereof, directly specified in the decisions; upon the issuance of such a decision, the parties agree immediately to negotiate a substitute, if possible, for the invalidated Article, Section or portion thereof.

Article 20 - Legal Fees

Section 1. The County agrees to reimburse bargaining unit members (employees) for the reasonable, usual, and customary legal fees and costs charged by an attorney as a direct result of criminal charges, investigation of use of deadly force, or a grand jury appearance against the employee arising out of the employee’s involvement in the scope of the regular performance of their duty as an employee for the County. The County’s obligation of reimbursement is subject to the following:

1. To receive reimbursement under this Article, the employee must select an attorney from a list of attorneys that have been mutually agreed upon by the Federation and the County Counsel. Neither party shall unreasonably oppose the inclusion of an attorney on the list. Within sixty (60) days of the execution of this agreement, the Federation shall submit to the County Counsel, the names and professional biographies of the attorneys the Federation proposes for inclusion on the list. If the County Counsel does not object in writing to an attorney on the list within twenty (20) working days, the attorney shall be included on this list.

   The names on the list shall be reviewed every six (6) months upon the request of either party. If no attorney on the list is available to represent the employee, the employee may obtain another attorney of their choosing; however, the County’s obligation to reimburse will arise only if the County Counsel receives written notice of the selected attorney from the Federation within five (5) working days of the employee or Federation learning of the lack of availability of an attorney from the predetermined list. Following the initial meeting between the employee and the attorney, the Federation shall arrange for the attorney to provide the County at no cost to the County a preliminary estimate of the anticipated legal fees, costs, and expenses. This preliminary estimate shall be directed to the County Counsel, the Sheriff, Risk Management, and the Federation.

2. Before becoming obligated under this Article, the County shall be presented with a sworn affidavit by the attorney listing an hourly breakdown of the time spent and a brief description of the purpose of such time. If the County, in its discretion feels the charges exceed the reasonable, usual, and customary fees normally charged, the parties shall submit the matter to the Oregon State Bar Fee Arbitration program for resolution. The decision of the OSB fee arbitrator or arbitration panel shall be final and binding as the County’s obligation under this Article. Under no circumstances shall the provision of this Article give rise to a claim of any sort against the County by the attorney retained or selected by the Federation member.
3. Reimbursement will not be made in those instances where:
   1. The employee is convicted by verdict or plea, or pleads no contest to any criminal charges arising out of the incident; or
   2. The County sustains disciplinary charges on the basis of the employee’s actions, which formed the basis for the possible criminal liability, and the County’s sustaining of the charges is upheld in all or part on any grievance or appeal of discipline; or
   3. The employee resigns from employment following notification that criminal charges, grand jury proceedings, a disciplinary investigation or disciplinary charges are pending.
4. The County shall have no obligation to reimburse an employee, the Federation, or counsel for the Federation for legal fees or costs in any instance where the employee or the Federation elect to have counsel for the Federation represent the employee involved in the incident at any stage of the criminal proceeding, including, but not limited to, any grand jury proceeding.
5. Any reimbursement required by the County shall be made only at the conclusion of all criminal and disciplinary proceedings against the employee relating to or arising out of the incident and are subject to the following monetary maximums:
   1. Legal fees relating to a grand jury investigation and/or appearance: $5000.
   2. Legal fees relating to post-grand jury indictment or other charging instrument: $10,000.

Section 2. The County recognizes that it is not entitled to the work product of the attorneys involved in this program. The County recognizes there exists an attorney/client privilege between the attorney and the employee.

Article 21 - Equipment

1. Clothing and Equipment Reimbursement.  

The County agrees to reimburse an employee for the reasonable cost of clothing, watches, prescription glasses or equipment required to work that is damaged while the employee is on duty and engaged in work on behalf of the County and the damage was not due to employee negligence.  Unless otherwise reimbursed, reimbursement for damages to prescription glasses shall be limited to no more than $300 and reimbursement for damages to watches shall be limited to no more than $100. 

2. Protective Clothing.    

If any employee is required to wear protective clothing, such protective clothing shall be furnished to the employee by the County.  The cost of maintaining including cleaning, laundering, and tailoring shall be paid by the County.

3. Duty Related Equipment.    

Parole and Probation Officer Uniforms: All field officers shall be issued two polo shirts, one pant, one long-sleeved shirt, and one jacket.

Body Armor: County selected body armor will be provided to all Parole and Probation Officers and replaced by the County per manufacturer’s warranty (currently 5 years). Any new body armor the County purchases will consist of vest rated at Threat Level IIIA flexible (with side panels), which itself will be replaced upon expiration of the manufacturer’s useful life.

External Carrier: Employees will be responsible for the initial purchase of an external carrier. Should a new external carrier become necessary due to changes in Body Armor plating, the County will provide a conforming carrier.

Firearms will be carried in accordance with Section 4 “Firearms” within the Parole and Probation Manual.

The Sheriff’s Office will provide a duty issued firearm including holster, handcuffs, handcuff holder, internal duty belt, OC spray and holder, 2 extra magazines and a magazine pouch. The Sheriff will make available ear and eye protection.

Equipment Reimbursement: Employees will be reimbursed up to $90.00 per year for department approved duty related equipment  

4. Ammunition.    

The County shall provide all ammunition for department on duty and approved firearms training for issued firearms.  Employees who have been issued firearms will be provided six (6) boxes of practice ammunition for their issued firearm per fiscal year subject to available supply for use at the CCSO facility, but no more than two (2) boxes per visit. The Sheriff or their designee will notify the Federation if it anticipates a shortage of ammunition. The Sheriff’s Office retains the sole discretion to determine if a shortage exists.  

Article 22 - Limted Term Retire/Rehire Program

For employees who provide at least ninety (90) days' written notice of intent to retire with unreduced benefits under PERS or OPSRP, the County, at its discretion, may offer the opportunity to return to work to employees who have officially retired from the County and submitted their retirement to PERS, in accordance with PERS rules.

Within thirty (30) days of notice from the employee, the County will give notice to the employee that they are selected for the program. An employee selected for program may only be rehired as a limited term (LT) employee. The County's decision to not select an employee for the Limited Term Retire/Rehire program is not subject to the grievance procedure. An employee who is not selected for the Limited Term Retire/Rehire (LTRR) program may withdraw their notice to retire within thirty (30) days of the County's notice of non-selection and the conditions of the program will not apply to that employee.

In accordance with PERS rules, the employee’s rehire date shall be the first working day in the month following the last day worked.

An employee selected for rehire is subject to all terms and conditions of the CBA unless otherwise provided below:

• The employee will not be required to serve a probationary period as defined in the CBA.
• The employee will be afforded the rights provided under Article 12 – Disciplinary Action; however, the employee may not grieve the County’s decision to end the rehire arrangement for operational need, unrelated to discipline.
• The employee loses seniority for the purpose of overtime bidding/assignment and layoff and recall (seniority within the employee's assigned job/classification resets to the employee's hire date into the retire/rehire program);
• The employee is not eligible for tuition reimbursement.

Duration:

Initial LTRR appointments are restricted to one (1) year and may be extended an additional year at a time, based on the needs of the department, not to exceed three (3) years.

Notwithstanding the foregoing, the County may, on a case-by-case basis, approve an initial appointment exceeding one (1) year, based on operational needs. Any such determination shall be made prior to the commencement of the appointment.

Any exception to the initial one-year limit must be approved by the Sheriff.

The County will attempt to provide two weeks’ notice if the LT assignment will end sooner than originally anticipated. The County may terminate this LTRR appointment at any time and for any reason.

Compensation:

• If an employee is returning to the same position/classification, their pay rate will remain the same (prorated if less than 1.0 FTE). If an employee is returning to a different position or classification, a Salary Placement Assessment will be conducted to determine an appropriate pay rate based on bona fide factors.

Benefits:

FOPPO employees under the current CBA who are approved for rehire as a LT employee into a benefit eligible position and have not had a break in regular County benefits, may postpone their retiree benefits election until the end of their LT assignment. If they do not choose to enroll in retiree benefits at the end of the LT assignment, they cannot enroll later. Vacation Accruals:

• An employee's vacation bank is paid out upon retirement (PERS rule).
• Employees planning to return as a LT Retiree may not leave any vacation time in their bank and will restart employment with a zero-vacation balance.
• Vacation accrual upon rehire will be based on current plan offered to applicable employee group.
• Vacation service accruals will be in accordance with Article 6 of this contract and will restart from the date of rehire.
• LT employees are not eligible for Vacation Frontloading per EPP 66.
• The County will not monitor hours worked for PERS compliance. It is the employee’s sole responsibility to determine eligibility for normal retirement under PERS and to remain in compliance with any limitations applicable to their circumstances.

Personal Holidays:

• Unused personal holidays are not paid out at time of retirement.
• Upon rehire, an employee will accrue personal holidays per County policy

Deferred Compensation:

• Prior to retiring, non-represented employees receiving a County-paid deferred compensation contribution should reach out to Classification & Compensation to determine if they would remain eligible for this benefit should they be rehired.

Sick Leave:

• Sick leave will be earned and used consistent with Oregon Paid Sick Leave law and the table listed below.
• FOPPO employees under the current CBA who are approved for rehire as a LT employee will accrue sick time per County policy and the FOPPO CBA.

PERS Tier1/Tier 2 Retiree returning to work as a LT retiree: The unused sick leave reported to PERS at the time of retirement is considered used and cannot be reinstated upon returning to employment. These employees will accrue sick time per County policy/CBA.

OPSRP Retiree returning to work as a LT retiree: OPSRP retirees are not subject to the sick leave reporting program. OPSRP retirees that return to work may have their sick leave restored per policy. Under Oregon Sick Leave Law, if an employee restarts or rehires with an employer within 180 days, their previously unused accrued sick leave must be reinstated back to the employee.

Longevity:

• Service Accruals for longevity will restart from the rehire date.

Article 23 - Terminiation

1. A. This Agreement shall become effective July 1, 2025or ratification by the Board of County Commissioners, whichever occurs later, and shall remain in full force and effect until the 30th day of June, 2028. The Agreement shall be automatically renewed from year to year after July 1, 2028, unless either party shall notify the other in writing, not later than January 1, 2028, or any subsequent year, that it wishes to modify this Agreement for any reason. In the event such notice is given, the parties shall strive to commence negotiations for a successor agreement by February 1 of the expiring year. This Agreement shall remain in full force and effect during the period of negotiations for a successor agreement.

B. The County will submit this Agreement for ratification by the Board of County Commissioners as soon as practicable following ratification of this Agreement by FOPPO.

2. This Agreement may be amended at any time by mutual agreement of the Federation and County; such amendments shall be in writing and signed by both parties.

Ratification

IN WITNESS WHEREOF, the parties hereto have set their hands this 6 day of August 2026.

For Federation of Parole and Probation Officers:

• Gretchen Pacheco, FOPPO Vice President, for Erin Drews
• Erin Drews, FOPPO president
• Seth Davis, Approved as to Form, Chief Negotiator

Negotiation Team:

• Erin Loftis, PO
• Amber Erne, PO
• Meghan Delk, PO

For Clackamas County:

• Chair Craig Roberts, Board of County Commissioners
• Andrew C Jarocki, Recording Secretary
• Evelyn Minor-Lawrence, HR Director
• Kyle Abraham, Chief Negotiator

Negotiation Team:

• Ryan Miller, HR
• Brad O'Neil, Undersheriff
• Chris Chandler, Captain
• Chris Hoover, Lieutenant
• Sherryl Childers, HR

Appendix A - Work Rules

1. An employee shall submit their work schedule by the end of the 3rd week of each month for the following month to their supervisor for approval.
2. One employee’s work schedule shall not be so extraordinary as to burden another employee’s work schedule.
3. To insure adequate coverage at all times, each employee must notify their supervisor weekly of any change in their approved work schedule and where practicable, must receive prior approval
4. An employee shall work no more than eighty (80) hours in a fourteen (14) day work period. Any overtime shall have prior supervisory approval when practicable.
5. Each employee must accurately record their actual hours worked on their time sheet and submit a completed time sheet to their supervisor at the end of each biweekly pay period.
6. Split shifts are allowed.
7. An employee may not schedule work in excess of ten (10) hours in a work day, without prior supervisor approval.
8. An employee shall work not more than six (6) days in a row without prior supervisory approval.
9. Employees are entitled to a half (.5) hour paid lunch, subject to being called back to duty.
10. Work scheduled on holidays shall be with prior management approval.
11. The County will use the following guidelines in regards to supervisor approval for monthly schedules for a PO to work weekends when requested by a PO:
    1. An employee may request to perform weekend field work up to two (2) times a month. This does not preclude a supervisor from assigning weekend field work for operational need.
    2. An employee may request to perform weekend office work up to ten (10) hours per month subject to the employee being without a work plan related to attendance or a pending workplace investigation.
    3. No more than two (2) POs may request to flex the same Monday-Friday workday to work on a weekend day (Saturday/Sunday), unless otherwise approved or mandated due to operational need.