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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Feb. 15, 2019)
FEBRUARY 15, 2019, KEIZERTIMES, PAGE A5 JUDGE, continued from Page 1 During the hearing, KPD’s sergeants contended that their roles do not amount to supervisory positions and are eligible for inclusion in the union. If they are successful in making the case, it could lead to a different pay schedule and less personal contribution to their healthcare plans. “If the sergeants were to become part of the bargaining unit, the city and Keizer Police Association would be obligated to bargain any change in compensation and other terms and conditions of employment (benefi ts, hours, etc.) with the association. The city would conduct a salary survey to determine what compensation employees who perform similar duties for comparable agencies are earning,” DePina said. For the time being, Administrative Law Judge Martin Kehoe has rejected the sergeants’ arguments overall but found merit in some aspects. At the heart of the issue is whether the sergeants’ roles in the fi eld, and not their actual job descriptions issued by the city human resources department, rise to the level of supervisory authority within Oregon Revised Statutes. According to statute, a supervisory employee is: “any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively recommend such action, if in connection therewith, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.” While sergeants can decide who to place in special units of the department, which can result in higher pay, an “offi cer remains fundamentally an offi cer,” Kehoe concluded. On the other hand, sergeants oversee a wide variety of duties and independent authority, he added. The most common intervention initiated by sergeants is “coaching and counseling.” Keizer’s sergeants contended that it does not equate to supervisory action, Kehoe disagreed. Sergeants “can also make a formal record of it in an offi cer’s digital personnel fi le and warn that repeat offenses or failure to comply with the coaching and counseling will result in progressive discipline. Sergeants can also issue verbal or written reprimands and enter those into an employee’s record, with or without a superior’s permission,” Kehoe wrote in his decision. While it is common practice for sergeants to consult with superiors regarding coaching and counseling and other types of intervention for offi cers on their shifts and units, they have the authority to conduct such action without a superior’s input. Additionally, Kehoe cites the union’s collective bargaining agreement that recognizes a sergeant’s “responsibility to ensure that counseling and appropriate discipline occurs.” Kehoe ends the dismissal stating, sergeants can “assign, discipline, direct and effectively recommend the same with independent judgment … and that they exercise that authority in the interest of management.” KAA goes purple in March Submissions for Keizer Art Association’s March show, Annual Color Show: Purple, will be accepted on Wednesday, Feb. 27 at the Enid Joy Mount Gallery. Each entry is required to include the color purple and can be 2D, 3D, photography, digital art and kids’ art. Entry fees for the show are (for association members): $10 for the fi rst piece, $15 for two pieces; $15 for diptychs and triptychs; $20 for three pieces and $25 for four pieces. Entry fees for non-association members are: $20 for fi rst piece, $25 for two pieces, $25 for diptychs and triptychs; $30 for thre pieces and $35 for four pieces. Youth art fees are $5 for two pieces. All work must be original to the artist. Annual Color Show: Purple, juried show, will run from Feb. 28 to March 26. An artists’ reception will be held at the gallery from 2 to 4 p.m. on Saturday, March 2. ROLES: Recent actions confl ict with claims (Continued from Page A1) a supervisory one when he applied for the position 19 years ago, he replied simply, “I did.” Sgt. Jeff Goodman said sergeants routinely participate in performance evaluations, but that he often consulted with lieutenants, his direct superiors, when issuing oral or written reprimands to offi cers on his shifts. While consulting with superiors regarding reprimands is common practice within the department, Kehoe later determined sergeants had the authority to issue them without going to supervisors fi rst. Sgt. David LeDay testifi ed on another common theme throughout the hearings: whether coaching and counseling rose to the level of supervision. “Counseling is not supervision. We all have areas to improve. There can be 20 ways to do something and there still be a better way,” LeDay said. “It’s not discipline.” In the end, Kehoe disagreed with that assessment as well. All the sergeants whose time in the position spanned other eras of department leadership said that the culture of the department has changed over time and there has, generally, been less need for verbal and written warnings. Wenning said that only matters leading to some sort of monetary penalty – loss of an assignment that warranted additional pay or a loss of step increases – would constitute a supervisory action, but “I’ve never done it and haven’t been subjected to it.” Another core contention of the appeal for union membership was the ability of sergeants to act on “independent judgment.” But, most of the sergeants arguments stood in contrast to recent action. When an offi cer assigned to the traffi c unit did not to perform up to expectations, the sergeant in charge of the unit did not renew his assignment in the job after two years. The offi cer was placed back in the patrol unit and lost a 5 percent pay increase that went along with the special assignment. Then, when a new sergeant took over the traffi c unit, he placed the same offi cer who had been taken out of the unit back on it with the expectation that he could improve the offi cer’s performance. 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