Law Enforcement Sworn Contract

This Agreement, by and between the Sarpy County Sheriff, hereinafter referred to as the Sheriff, County of Sarpy, Nebraska, hereinafter referred to as County, and the Fraternal Order of Police Sarpy Lodge No. 3 Sworn, hereinafter referred to as F.O.P., is designed to promote and strive to maintain a working agreement between the Sheriff, County and F.O.P.

For the purpose of this Agreement, the following words, terms and phrases shall be construed in accordance with the definitions assigned to them unless the context in which the same shall be used would otherwise necessarily require a different definition:

OFFICE shall mean the Sheriff's Office and all its Divisions of the County of Sarpy, Nebraska.

EMPLOYEE shall mean any sworn employee of the Sheriff's Office of the County of Sarpy, Nebraska.

EMPLOYER shall mean either, the County of Sarpy, Nebraska or the Sarpy County Sheriff or both, as may be appropriate in the context in which the word is used.

SHERIFF shall mean the duly elected/appointed Sheriff of the County of Sarpy, Nebraska.

COUNTY shall mean the County of Sarpy, Nebraska.

FOP shall mean the Fraternal Order of Police, Sarpy Lodge #3 Sworn.

FULL-TIME EMPLOYEE shall mean an employee who is regularly scheduled to work an average of forty (40) hours per week or accountable for eighty (80) hours per pay period. The eighty (80) hours of time will consist of hours worked, which may include sick, compensatory, vacation or any other approved leave.

RETIRE OR RETIREMENT shall mean for purposes of this contract, an employee who has a minimum of ten (10) years of continuous service with Sarpy County and voluntarily leaves employment of Sarpy County in good standing on or after their 55th birthday. For retiree healthcare eligibility, the minimum years of service requirement found in Article 23, Section 7 (fifteen (15) continuous years) shall apply, in addition to the other criteria included in this definition.

RESIGNATION shall mean a decision by an employee to voluntarily leave their position.

SUSPENSION shall mean a forced leave of absence, without pay, for disciplinary purposes.

ADMINISTRATIVE LEAVE shall mean temporary leave from a job assignment, forced or unforced, with pay and benefits remaining intact.

FLEX-TIME shall mean an agreed upon arrangement whereby the employee may work alternate hours within the limits established by the Sheriff or his designee.

DISCIPLINARY ACTION LETTER shall mean a document from the Sheriff or Chief Deputy Sheriff addressed to a specific employee that notifies that employee of the imposition of required counseling, admonishment, reprimand, suspension, demotion or termination. This document shall specifically state that it is a “Disciplinary Action Letter.”

PROBATIONARY EMPLOYEE shall mean, per Neb. Rev. Stat. Sec. 23-1731, an employee in the classified service appointed for a probationary period. The probationary period shall last through the first twelve months of employment, beginning with the date of appointment. Notwithstanding anything to the contrary contained herein, a probationary employee may be disciplined or terminated for any lawful reason with or without cause in accordance with the procedures of the Merit Commission, and shall have limited rights to grievance or appeal as specifically defined by Neb. Rev. Stat. Sec. 23-1734(2).

REGULAR EMPLOYEE shall mean an employee who has successfully completed their initial twelve-month probationary period and has acquired the rights and privileges of employment in the classified service pursuant to Neb. Rev. Stat. Secs. 23-1721 to 23-1736.

LATERAL HIRE shall mean a deputy newly hired on or after June 15, 2021 with previous full-time law enforcement officer experience with the following law enforcement certificate classifications: 1) Active Status - Person who maintains a valid law enforcement certificate, and is employed and commissioned to exercise law enforcement powers; or 2) Inactive Status - Person who is not currently employed as a law enforcement officer but was previously classified as active status and will be eligible to return to active status. This person must have been on active status within the two previous years of the hiring date by the Sarpy County Sheriff’s Office.

CLASSIFICATION shall mean the name or job title of the position an employee occupies based on the employee’s duties and responsibilities.

The County recognizes the F.O.P. as the sole and exclusive collective bargaining representative of the sworn employees of the Sheriff's Office, excluding the Chief Deputy and Sheriff.

The Sheriff and the County (hereinafter "Employer") shall retain any and all authority and powers as employers as granted to them by Nebraska law except as provided in this Agreement. These powers of the Employer shall include but not be limited to the following:

• A.The right to plan, direct, control, reduce and terminate operations;
• B.To determine shift schedules as provided in this Agreement;
• C.To determine the nature of services to be supplied and to determine the extent to which such services will be provided; or the scheduling of service and the methods, processes and means of service;
• D.The right to hire, select, and promote in accordance with the Merit Commission's employment process and to also assign, transfer, demote, suspend and discharge employees;
• E.The right to promulgate and enforce reasonable rules and the consequences for violating those rules;
• F.The right to establish, modify, or discontinue drug, alcohol and controlled substance testing policies, rules, standards, and procedures;
• G.The right to relieve employees from duty because of lack of work or other legitimate reasons;
• H.The right to introduce any new or improved methods or facilities;
• I.The right to establish and implement a performance appraisal system; and
• J.The right to select any and all equipment and materials to be utilized in the operation of the Sheriff's Office. Except where expressly limited, nothing in this Agreement shall be construed to restrict, limit, or impair the rights, powers, and the authority of the Employer. The Sheriff also reserves the right to laterally transfer any employee, including those in specialty positions, to another assignment, unit or division, provided that the employee's hourly base wage doesn't change. The Sheriff also reserves the right to add or remove an employee, from a specialty unit, e.g., SWAT, S.A.R.T., Drug Recognition Expert, Accident Reconstructionist, etc. (The Sheriff will continue to comply with Article 10, Non-Discrimination). All other additional pay or compensatory time received for specialty positions, holidays, court appearances, overtime, etc., shall not be considered a part of hourly base wages for the purposes of this Article. In accordance with the standards established by the Nebraska Police Standards Advisory Council, the Sheriff shall require job-related physical fitness tests and medical examinations, in compliance with the Americans with Disabilities Act. The County and the Sheriff reserve the right to require examinations (fitness for duty exams) when there is a need to determine whether an employee is still able to perform the essential functions of the job or for concerns regarding the safety and protection of the employee or others.

The County shall permit the F.O.P. to use bulletin boards designated by the Sheriff, in the assembly rooms and off-site facilities for posting of F.O.P. meetings and elections, reports of F.O.P. committees, and other notices or announcements that would be of benefit or interest to the employees.

Posted notices shall not contain anything political or anything reflecting adversely upon the County or any of its employees.

The bulletin board provided shall be for the exclusive use of the F.O.P.

The County will permit the F.O.P. use of one ballot box, designated by the Sheriff, in the designated assembly rooms, for use in F.O.P. elections. No employee shall participate in any F.O.P. election, in any manner, during his/her tour of duty. Any F.O.P. authorized violation of this section shall entitle the County to cancel immediately the provisions of this section and prohibit further use of the ballot boxes.

A grievance is a written claim of an employee alleging a violation of any provisions as set forth in this Agreement, the Sarpy County Sheriff's Office Standard Operating Procedures (SOP's) or the Sarpy County Merit Commission Rules and the Policies and Procedures Manual, as applicable.

In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance; the act or acts of commission or omission; the exact date of act or acts of commission or omission; the identity of the party or parties who claim to be aggrieved; the provisions of this Agreement, the SOP's or the Merit Commission Rules that are alleged to have been violated; and, the remedy which is sought.

Grievance Rights:

• A.Disciplinary Grievance Rights for Regular Employees Only. A regular employee may grieve the following disciplinary action decisions made against him/her:
• 1.A written reprimand,
• 2.A suspension,
• 3.A demotion, or
• 4.A termination. Decisions made on written reprimands are not eligible for appeal to the Merit Commission, and thus a decision issued by the Sheriff regarding a written reprimand grievance shall be final and binding.
• B.Non-Disciplinary Grievance Rights for All Employees. Probationary and regular employees may grieve a violation of:
• 5.This contract,
• 6.A personnel rule,
• 7.A state or local law, or
• 8.A written policy or procedure of the Sarpy County Sheriff’s Office.

Submission of Grievance:

• A.An aggrieved employee shall have the right to process his/her grievance individually or with the assistance of the FOP. The FOP Board of Directors may also assign a case representative.
• B.Grievances must be submitted by email to the Chief Deputy and Sheriff within ninety-six (96) hours of the date and time the employee first becomes aware of the incident giving rise to the grievance or, if applicable, the date and time the employee received a Disciplinary Action Letter. Failure to file the grievance within the above time frame constitutes a waiver of the grievance.
• C.The Chief Deputy or Sheriff shall have ninety-six (96) hours to respond to the grievance from the time it was submitted by email, excluding weekends and holidays recognized by this agreement. The grievance shall be considered denied if the Chief Deputy or Sheriff fails to respond within this period.

Merit Commission Appeals. If the grievance is denied, the employee may continue in the grievance process as follows:

• 1.Disciplinary Grievance Appeals:
• a.Regular employees may file eligible disciplinary grievance appeals with the Merit Commission. This action must occur within ten (10) calendar days after the employee is presented with an Order of Suspension, Demotion or Termination from the Sheriff (Neb. Rev. Stat. Sec. 23- 1734). Timely submission of a grievance under Section 4 above satisfies the ten (10) calendar day deadline in this Section.
• b.The Merit Commission shall, within fourteen (14) calendar days from the filing of such appeal, hold a hearing thereon, and thereupon fully hear and determine the matter, and either affirm, modify or revoke such Order. The findings and decision of the Merit Commission shall be certified to the Sheriff and shall forthwith be enforced by him/her (Neb. Rev. Stat. Sec. 23-1734).
• c.The Merit Commission shall base its findings and decision on the rules and statutes in effect at the time of the hearing.
• 2.Non-Disciplinary Grievance Appeals:
• d.Employees may appeal non-disciplinary grievance denials to the Merit Commission. This action must occur within ten (10) calendar days after the employee first becomes aware of the grieveable event.
• e.The Merit Commission shall hear the grievance at its next regularly scheduled meeting, or the Merit Commission may, at its discretion, set a special meeting to hear the grievance (Neb. Rev. Stat. Sec. 23-1734).
• f.After hearing or reviewing the grievance, the Merit Commission shall issue a written order either affirming or denying the grievance. Such order shall be delivered to the parties to the grievance or their counsel within seven (7) calendar days after the date of the hearing or the submission of the written grievance (Neb. Rev. Stat. Sec. 23-1734).
• g.The Merit Commission shall base its findings and decision on the rules in effect at the time of the hearing.
• 3.After the Merit Commission issues a written decision, either the employee or employer shall have the right to seek such other remedies as may be allowed by law.

Grievance Filing Deadline - The starting date and time for the ninety-six (96) hour period and the ten (10) day period listed in Sections 4 and 5 of this Article shall run simultaneously, but the timely submission of a grievance under Section 4 above satisfies the ten (10) calendar day deadline in Section 5.

Nothing in this Agreement shall prohibit both parties from reaching an agreement or settlement in a manner not outlined in this Agreement. However, all time limits and pertinent Sections of this Agreement and State Statutes shall be strictly adhered to when processing a grievance in accordance with this Agreement, unless an extension is mutually agreed upon by both parties in writing.

At any step in the grievance procedure, the FOP Board of Directors shall have the final authority in respect to any aggrieved employee covered by this Agreement and to decline to further process a grievance, complaint, difficulty, or dispute, if in the judgment of the FOP Board of Directors, such grievance or dispute lacks merit, or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the FOP Board of Directors.

No regular employee shall be disciplined without the element of just cause.

The Sheriff reserves the right to conduct internal affairs and line investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights, privacy and dignity of the accused employees. Employees shall fully cooperate with an investigation and shall not withhold any information that may be relevant to the investigation.

In conducting internal affairs and line investigations, the Sheriff will not knowingly commit any act that deprives the employee of any statutory or constitutional rights or privileges.

Internal Affairs/Line Investigations:

• A.An employee shall receive written notification at least forty-eight (48) hours before he/she is questioned or interviewed concerning an Internal Affairs or Line Investigation. The written notification shall include the nature of the investigation and whether the employee is focus of the investigation or a witness. The forty-eight (48) timeline may be waived if the investigation may be compromised.
• B.The employee shall have access to his/her reports/documents and videos (body worn camera and in-car camera) at any time.
• C.Unless the investigation may be compromised, the investigated employee shall receive a copy of the written complaint before he/she is interviewed.
• D.Interviews and questioning of employees will be conducted in a professional manner. Statements from employees will not be taken in a coercive manner. Departure from the truth during an investigation shall be considered just cause for discharge.
• E.After a date has been jointly scheduled, during interviews and hearings related to internal affairs and line investigations, employees have the right to the presences of one (1) attorney representative and one (1) non- attorney FOP member representative during the interview or hearing, if the employee chooses. The scheduled date shall not be changed except by mutual agreement.
• F.When an employee is being questioned about possible criminal matters and it has been determined that any self-incriminating statements that the employee makes will not be used against him/her in a criminal prosecution, "Garrity" warnings will be given to the employee. “Garrity v. New Jersey, 385 U.S. 493 (1967).”
• G.Regular employees who are the subject of a disciplinary investigation shall, upon request, (i) have the right to union representation; and (ii) receive a copy of their written or recorded statement at no cost to the employee no less than 24 hours prior to their “Loudermill” hearing. “Loudermill v. Cleveland Board of Education, 470 U.S. 532 (1985).”
• H.Once an investigation is initiated, the investigation shall be completed within forty-five (45) days unless an extension has been granted by the Sheriff or the Chief Deputy. If an extension is granted, the investigated employee shall receive the following: status update of the investigation; the reason for the extension; an estimate regarding the number of additional days to complete the investigation. Failure to meet investigative and review deadlines shall not affect the Sheriff’s right to administer discipline on the investigated employee(s).
• I.During the investigation, the investigated employee shall receive an investigation status upon his/her request.
• J.Upon the conclusion of an investigation, the accused employee shall be notified in writing about the investigation classification.
• K.In the event that the County or the Sheriff or his/her designee shall make any statement to the press regarding an investigation or an incident involving an employee, the name and photograph of the employee(s) involved shall not be disclosed unless the identity has already been published by established media. Furthermore, the FOP shall be permitted to make statements to the press at their discretion.
• 1.The Sheriff or his/her designee can make a formal request to the involved employee(s) to waive this right.
• 2.If an employee is terminated, the Sheriff or his/her designee may release the name and photograph of the terminated employee if a public statement about the conduct of the terminated employee is deemed by the Sheriff as necessary to be released.

Employees shall comply with all existing work rules, provided that the rules the employees believe are in conflict with the terms of this Agreement or situations in which the rules are not being uniformly applied may be grieved by the employee; however, the employee will comply with such rules until they are found, through the grievance procedure, to be conflicting or inappropriately applied, except in those situations in which the employee reasonably believes there to be an immediate and substantial safety hazard.

Performance Evaluations:

• A.If the Sheriff decides to conduct performance evaluations of employees, such evaluations shall be conducted on a regular basis, and fairly and adequately cover the duties and responsibilities of each employee. In that event, the employee will be provided with a copy of the evaluation used, and the Sheriff agrees to discuss with the employee all terms contained in such evaluation. The employee shall have the right to add pertinent information or brief comments to any evaluation and to have such comments or information attached to such evaluation within ten (10) calendar days.
• B.Any internal affairs or line investigation that is classified as Unfounded or Exonerated shall not be referred to in a performance evaluation.
• C.Performance evaluations will be maintained on a confidential basis with access available only to the Merit Commission, the employee, the employee's supervisors, and authorized members of the Sheriff's Office Command staff.

Personnel Files:

• A.Only one (1) personnel file shall be maintained at the Sheriff's Office for each employee (hereinafter “personnel file”). The Human Resources Department also maintains a file on each employee that contains payroll and benefit information. Every employee may, during his/her non-duty hours and during regular office hours of the Sheriff’s Office, inspect his/her file at such office and shall be allowed to make copies of anything contained therein.
• B.The Merit Commission, when conducting business relating to its official duties, shall have the right to inspect the personnel file of any employee who has filed a grievance. The inspection of the records shall take place at the Office of the Sheriff during normal office hours (Neb. Rev. Stat. Sec. 23-1728).
• C.Any employee shall have the right to respond in writing to any adverse comment or incorrect information contained in his or her personnel file. Such comments shall be kept in the employee's personnel file as long as the challenged comment or information remains in the file.
• D.Documentation reflecting disciplinary action or performance assessments shall not be placed in an employee's personnel file without the signature of the employee verifying knowledge of the existence of such information. Employees have no right to refuse to verify their knowledge with their signature when asked to do so.
• E.The County agrees that pre-employment background investigations, psychological evaluations, and polygraphs will be kept confidential and will not be deemed part of the employee's personnel file.
• F.If an employee receives a Disciplinary Action Letter, the letter must be inserted into the employee's personnel file.
• G.Any documentation representing disciplinary action shall remain active for progressive discipline and promotion evaluation purposes for the time periods listed below.

The County shall periodically remove from the employees' personnel files any documentation representing disciplinary action that becomes inactive after the time period listed above. Employees may also expedite removal by written request. The removed items shall be maintained in a file known as "Inactive Disciplinary Action." In the event of a recommended demotion or termination, all previous disciplinary action even if removed as outlined above may be taken into consideration.

Official Distribution Lists. The F.O.P. President shall be included on the Distribution List for all present Standard Operating Procedures (SOP’s) or revisions thereof.

Discipline. Disciplinary action by the Sheriff shall be imposed for just cause only. Disciplinary action may include any of the following:

• A.Counseling
• B.Admonishment
• C.Reprimand
• D.Suspension
• E.Demotion
• F.Termination

If a regular employee is facing a suspension, demotion or termination, he/she is entitled to a pre-disciplinary “Loudermill” meeting. “Loudermill v. Cleveland Board of Education, 470 U.S. 532 (1985).” The employee must be personally notified about the meeting at least twenty-four (24) hours beforehand. Even if the notification is given verbally, a written notice shall be immediately available at the Sheriff's Office for the employee. If the employee chooses not to pick up the written notice before the pre-disciplinary meeting, it shall be given to him/her at the commencement of the meeting. The following information shall be given to the employee during the notification:

• A.Charges brought against the employee.
• B.Description of the act, omission or performance that may result in disciplinary action (A copy of the materials which the recommended disciplinary action is based upon may be attached to the notice).
• C.Type of disciplinary action recommended. During the pre-disciplinary meeting, the employee shall be given the opportunity to be heard and to respond to the charges. Employees may waive the pre- disciplinary meeting by notifying the Sheriff or Chief Deputy in writing prior to the start of the meeting. During a pre-disciplinary meeting, an employee has the right to be represented by: (1) one (1) F.O.P. representative and/or (2) a FOP attorney at the FOP’s cost, or (3) an attorney of his/her choice at the employee’s cost.

An employee shall not have a disciplinary action imposed more than once for a single incident; however, discipline for each additional act of the same or similar nature may be imposed.

Unless otherwise specifically provided in this Agreement, both parties shall follow the provisions of the rules and regulations of the Sarpy County Sheriff’s Office in effect at the time of the infraction with regard to any disciplinary action taken against an employee.

The Sarpy County Sheriff’s Office will impose disciplinary action in accordance with this Agreement.

Employees will be notified in writing of a disciplinary action through a Disciplinary Action Letter. They will be given the opportunity to read, sign, and be given a copy of the Disciplinary Action Letter before it is placed in their personnel file.

Employees are prohibited from working overtime during the same pay period that a suspension occurs unless overtime is approved by the Sheriff or the Chief Deputy.

Continuous length of service shall mean service with the Sheriff’s Office without a break or interruption. The following shall constitute a break or interruption and seniority will be frozen for the entire duration of the break or interruption, which will also affect any other provision of seniority:

• A.Suspension for disciplinary purposes for more than thirty (30) calendar days.
• B.Authorized leave of absence for more than thirty (30) calendar days (with or without pay) but less than one year, except absences while complying with FMLA, as described in Article 12, Section 8, or USERRA, as described in Article 12, Section 3, shall not constitute a break or interruption in service.
• C.Layoff for more than thirty (30) calendar days.
• D.Resignation or separation other than layoff. Upon approval of the Sheriff, a former employee may be rehired. An employee rehired after resignation or separation other than layoff shall be treated as a new employee as of the date of rehire for the purposes of all employee rights and benefits, including but not limited to rank, seniority, pay rate, vacation, and sick leave. No rights or benefits earned before resignation or separation other than layoff shall be carried forward upon re-employment. This subsection shall not apply to Lateral Hires for purposes of their initial pay rate.

Seniority, relative to granting employees preference for holiday and vacation leave shall be based on continuous length of service with the Sheriff’s Office to include non-sworn employment with the Sheriff’s Office.

Seniority, relative to bidding for duty shifts, shall be based on continuous length of service within a specific classification. Demoted employees shall retain any seniority earned in higher ranks.

A list of employees arranged in order of seniority shall be maintained and made available for examination by employees. The seniority list will be revised and updated as needed by the Sheriff’s Administration Division.

Where two (2) or more employees in the same classification are appointed or promoted on the same date, seniority shall be determined by the order of ranking on the Sheriff's Office Merit Commission certified list from which their appointments or promotions were made. If two (2) or more employees appointed on the same date were tied on the eligibility list, seniority shall be awarded to the employee who would have been hired by the Sheriff if only one position were available. If two (2) or more employees promoted on the same date were tied on the promotional eligibility list, seniority shall be awarded to the employee with the earliest starting date as a sworn employee.

Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off.

If employees are to be laid off, a fourteen (14) calendar day written notice shall be given prior to the effective date of the layoff.

No full-time employee shall be laid off from any classification while there are probationary, part-time or temporary employees working in the same classification.

In the event that an employee becomes subject to lay-off in his/her particular classification, and is qualified to perform duties in a lower classification, he/she shall be permitted to take a position in the next lower classification at the lower classification's rate of pay and any employees in the lower classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in accordance with the provisions of Section 1 hereof.

In the event that an employee becomes subject to lay-off in his/her particular classification and a vacancy exists in a position of lower classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower classification on the basis of his/her seniority.

The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse order of the lay-off, provided such employees are otherwise qualified to perform the duties of the position. No new employees will be hired by the Sheriff as long as there are employees laid off who have seniority who are immediately capable of performing all of the essential functions of the position.

Where an employee has accepted a position in a lower classification by virtue of Sections 4 or 5 hereof, he/she shall be recalled to his/her former position when the same becomes available in the reverse order of reduction.

The parties hereby agree not to discriminate on the basis of any protected class under federal, state, or local law.

The parties hereby agree that no officers, agents, representatives, members or anyone connected with either party shall in any manner intimidate, coerce, restrain, or interfere with the rights of employees to form, join, or assist labor organizations, or to refrain from any of these activities, including the right of employees to withdraw, revoke, or cancel F.O.P. membership.

Employment at the Sarpy County Sheriff’s Office shall be considered the employee’s primary occupation. Outside employment approved by the Sheriff shall be considered the employee’s secondary occupation. Employees are prohibited from engaging in outside employment that (1) constitutes a conflict of interest, (2) conflicts with an employee’s performance of his/her duties with the County, or (3) is prohibited by the provisions of the Sheriff’s Office Standard Operating Procedures or this Agreement.

Employees who wish to participate in outside employment shall adhere to the following:

• A.Employees are required to obtain prior approval from the Sheriff or designee before engaging in outside employment by completing an “Off Duty Employment Request” form.
• B.Employees may engage in outside employment that requires the use of the official uniform as defined in the Sheriff’s Office Standard Operating Procedures. Employees shall adhere to Sheriff’s Office Standard Operating Procedures for Off-Duty Employment.
• C.Temporary Approval of Outside Employment: If an outside employment opportunity arises and there is not enough time for a full review of the request, an employee may seek temporary approval from their immediate supervisor if the outside employer is F.O.P. assigned or the employer has been previously approved for other employees.
• D.Employees who have not successfully completed the law enforcement training academy and field training are prohibited from working outside employment in uniform.
• E.The employee shall receive a copy of any approved, approved with conditions or denied outside employment requests. If an outside employment request is denied by the Sheriff, the Sheriff shall indicate the reasons for the denial on the original request form.
• F.The Sheriff reserves the right to rescind permission for outside employment based on conflicts of interest or the employee’s job performance.

All employees shall be granted annual vacation leave with pay in the following amounts based on continuous years of service as defined in Article 8:

No vacation or compensatory time off shall be taken until the employee has completed their field training program, unless approved by the Sheriff or his/her designee in their sole discretion. Employees who separate from county service shall be paid their earned but unused vacation at their regular rate of pay at the time of separation. For separations due to death, payments will be made in accordance with state law. Upon approval of the Sheriff, a retiree may choose to use up to 8 weeks of accumulated vacation or compensatory time prior to the retiree’s date of retirement. During such period, the retiree will be considered a full time employee exercising the appropriate paid time off. Upon retiree’s date of retirement all unused vacation leave, compensatory time and other pay will be paid out in a lump sum payment. Regularly scheduled days off and holidays occurring during vacation leave shall not be charged against vacation leave. An employee, with the consent of the Sheriff, may elect to carry over a maximum of one hundred twenty (120) vacation hours into his/her next year of service. Employees should use their vacation leave during the course of the year so that the need for the Sheriff to allow employees to carry over vacation hours is limited. The Sheriff’s Office will make every effort to accommodate vacation leave requests but reserves the right to deny an employee’s vacation leave request based on the staffing and scheduling requirements and efficient operations of the Sheriff’s Office. Vacation leave requests shall not be unreasonably denied. Requests for vacation must be approved by the employee’s supervisor. Seniority, as it applies to granting employees preference for vacation leave, shall be based on continuous length of service with the Sheriff’s Office as defined in Article 8. Seniority will only apply to those requests made more than sixty (60) calendar days in advance of the requested leave date(s). An employee’s leave request may be bumped if the requested leave is more than sixty (60) calendar days away. Once the employee’s request has reached the sixtieth (60) calendar day prior to the leave date(s), his/her request may no longer be bumped by seniority. If employees leave requests are going to be bumped, then the Sheriff/or his/her designee shall notify the employees as soon as possible. Should two or more employees request vacation leave for the same date(s) and the requests were made sixty (60) calendar days or less from the requested leave date(s), the first employee to request vacation leave will have preference. Full time employees shall take precedence or have seniority over party-time employees regardless of length of service with the Sheriff’s Office when it applies to vacation leave.

Civil Leave. An employee shall be given time off without loss of any pay if he/she is called to serve on a jury or a County Election Board. The employee may retain fees paid him/her for serving.

Military Leave. The Sheriff’s Office will grant military leave with pay to any employee who is a member of the National Guard or any organized military reserve of the United States who is ordered to attend military training or receives a notification for active duty call-up. Military leave with pay will not exceed one hundred twenty (120) hours in one (1) calendar year. During this time, the employee shall receive his/her regular County pay and the compensation received for active duty training. If the amount of military leave requested exceeds one hundred twenty (120) hours in any one (1) calendar year, the employee may remain in a paid status by utilizing their accrued vacation compensatory time, or may request a leave of absence without pay. Employees are not permitted to use sick leave. If an employee chooses to use paid leave during their military leave, they will be considered an active employee and will continue to accrue and receive benefits under the same terms and conditions of other eligible employees. If an employee is on military leave without compensation from the County for more than thirty (30) consecutive days, insurance benefits will be extended according to the provisions of the Consolidated Omnibus Reconciliation Act (COBRA) regulations. All accumulated sick, vacation and compensatory time, if any, will be frozen, and the employee will not continue to accrue these benefits. Employees are not eligible for holiday pay while on unpaid military leave. However, the employee will not lose any seniority benefits, regardless of the duration of the military leave. The employee requesting military leave shall notify their supervisor immediately upon notification of orders to attend training or duty.

Sick Leave.

• A.Employees shall accrue ten (10) hours of sick leave for each completed month of service. Employees may use sick leave for a bona fide illness or injury; to supplement Workers Compensation payments; absence related to FMLA qualifying conditions such as pregnancy, childbirth and recovery; absence due to exposure to a contagious disease under circumstances in which the health of other employees or the public would be endangered by attendance on duty; absence for the treatment of drug or alcohol addiction if medically diagnosed by a licensed physician; and absence for medical or dental appointments. Sick leave may also be granted for illness of the employee's immediate family (spouse, child, parent, and parent-in-law) when the employee's attendance is required. The amount of sick leave used for appointments should be consistent with the amount of time needed for travel and the amount of time needed with the health care provider.
• B.Sick Leave Maximum Accrual: Employees hired on or before June 30, 2014 shall be allowed to accumulate sick leave to a maximum of two- thousand eighty (2,080) hours. Employees hired before June 30, 2014 whose sick leave balance was more than 2,080 hours on June 30, 2014, shall have their accrued sick leave in a separate sick leave bank for those hours above the 2,080 hour maximum. Hours in this bank are frozen and are only used for conversion, payout, or if the employee has exhausted all other sick leave available. Employees hired on or after July 1, 2014 shall be allowed to accumulate sick leave to a maximum of one-thousand four-hundred and forty (1,440) hours.
• C.Sick Leave Conversion to Pay: An employee who has accumulated at least one-thousand two-hundred (1,200) hours of sick leave may convert sick leave hours to pay. An employee may convert sick leave to a maximum of forty (40) hours of pay one (1) time per calendar year. Sick leave conversion is dependent upon when the hours were earned. Sick leave hours earned before July 1, 1999 may be converted a 2 to 1 ratio (80 hours of sick leave to 40 hours of pay). Sick leave hours earned after July 1, 1999 may be converted at a 4 to 1 ratio (160 hours of sick leave to 40 hours of pay).
• D.Sick Leave Conversion to Vacation: Employees hired on or before June 30, 2014 who have accumulated at least eight-hundred (800) hours of sick leave may convert sick leave hours in excess of 800 hours to vacation one time per calendar year. Sick leave conversion to vacation is dependent upon when the hours were earned. Sick leave hours earned before July 1, 1999 may be converted at a 2 to 1 ratio. Sick leave hours earned after July 1, 1999 may be converted at a 4 to 1 ratio. When an employee retires or is approved and placed on disability by the County’s carrier, all sick leave conversions made under this subsection will be paid into their designated Health Reimbursement Arrangement (“HRA”) Account. Employees hired on or after July 1, 2014 shall not be allowed to convert sick leave to vacation leave.
• E.An employee who is the focus of an Internal Affairs Investigation may not convert sick hours into pay or vacation unless permission is received by the Sheriff.
• F.When an employee finds it necessary to utilize sick leave, his or her supervisor must be notified immediately, and they shall keep their supervisors informed of their condition. An employee may be required to submit medical certification for any such absence. Failure to fulfill these requirements may result in denial of sick leave. Abuse of sick leave shall be cause for disciplinary action.
• G.Sick Leave Payout at Retirement: When an employee retires or is approved and placed on disability by the County’s carrier, he/she shall be paid one half (1/2) of his/her accumulated sick leave, with a maximum of four hundred (400) hours pay to their designated HRA Account with the rate of payment based upon his/her regular pay at the time he/she retires.
• H.Sick Leave Payout Upon Death: Upon the death of an employee, his/her estate shall be paid one half (1/2) of his/her accumulated unused sick leave with a maximum of four hundred (400) hours pay in accordance with state law, with the rate of payment based upon his/her regular pay at the time he/she dies.
• I.Sick Leave Payout at Resignation: Employees shall receive payment for unused sick leave due to resignation as follows:
• 1.Employees with ten (10) or more years of service but not eligible for retirement shall be paid one-half (1/2) of their accumulated sick leave, up to a maximum of four-hundred (400) hours of pay.
• 2.Employees with less than ten (10) years of service shall be paid one-fourth (1/4) of their accumulated sick leave, up to a maximum of two-hundred (200) hours of pay.
• 3.Payment shall be based upon the employee's regular rate of pay at the time of separation.
• 4.Payments received for resignation shall be placed into the employee's designated Health Reimbursement Arrangement (HRA) account.
• 5.Employees shall be responsible for all costs and fees associated with the implementation and administration of the HRA accounts, and the county shall bear no costs in relation to said HRA account.
• J.An employee may elect to have ten (10) hours of sick leave deducted from the total sick leave accumulation for the employee and is credited to a Sheriff's Employee Sick Leave Donation Bank. The Sick Leave Donation Bank is administered by a committee composed of two (2) representatives appointed by the Sheriff and two (2) representatives appointed by the F.O.P. to permit extension of sick leave benefits for employees who have exhausted their sick leave accumulation and compensatory time accumulation in the event of a serious health condition. The Committee so appointed will meet and promulgate policies and procedures for the administration of the fund. Employees governed by this Agreement are not eligible to participate in any other sick leave donation program offered by the County.

Job-Related Injuries. Employees are covered by Worker's Compensation as provided by the law of the State of Nebraska. Employees shall be eligible for a supplemental payment, by the County for up to three hundred sixty-five (365) days if they are injured while at work. In certain exceptional circumstances, the Sheriff or his designee may permit an employee injured in a work-related incident to receive additional injury leave for more than three hundred sixty-five (365) days. The supplemental payment shall be an amount equal to the difference between the average weekly wage, as calculated for Worker's Compensation purposes, and the amount of the weekly Worker's Compensation benefit the employee receives. After three hundred sixty-five days (365) has expired, or the Sheriff’s extension time period has expired, vacation, sick, or compensatory leave may be used to supplement the employee’s Worker’s Compensation benefit. Injury leave shall be taken within two (2) years from the date of injury for which the leave was being paid and may be taken non-consecutively over the two-year period. Upon the approval of a lump sum settlement by a court of competent jurisdiction, the County is not obligated to supplement such payment in any way. The employee shall not be entitled to a supplemental payment, or to the supplemental use of vacation, sick or compensatory leave, under this section in an amount that, when added to any Worker's Compensation benefit, and/or any wage or salary compensation received from Employer, results in the employee receiving total compensation greater than the average weekly wage for the applicable period of time.

Leave of Absence without Pay (Non-FMLA). A leave of absence without pay is an approved temporary absence from duty in a non-pay status which has been requested by the employee in writing, to be used for medical or personal reasons. The term does not cover an unpaid disciplinary suspension, an absence for which leave has not been approved, or non-pay status during hours or days for which an employee would have been compensated had they not exhausted their paid leave balance. In order to be eligible for a leave of absence without pay, the employee must have exhausted all appropriate paid leave. The unpaid leave of absence shall only be authorized by the Sheriff at his/her discretion. During a leave of absence without pay for more than thirty (30) calendar days, the employee:

• A.Is responsible for the total premium payment of all insurance coverages falling due during any month the employee is not on the payroll unless the employee is covered under the FMLA. Employees not covered under the FMLA will be offered benefits through COBRA.
• B.Will not accrue paid leave benefits, nor are they eligible for holiday pay or any other compensation or reimbursements.
• C.Will not accrue additional seniority. Failure on the part of the employee to report promptly upon the expiration of the leave, without good cause, shall be cause for separation and the employee shall be considered to have resigned.

No Call, No Show. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action up to and including termination of employment. Employees who are absent for two (2) or more days without authorized leave shall be deemed to have resigned. Such absence may be excused, however, by the Sheriff by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed.

Bereavement Leave. Bereavement leave shall be time off granted to an employee in the event that a family member, as specified in this Section, passes away. The purpose of bereavement leave is to allow employees to grieve, attend funeral services, or a memorial. Bereavement leave begins when the employee and Division Commander schedule the period of allotted calendar days. Bereavement leave of up to five (5) consecutive calendar days will be granted to employees for the bereavement of the following current family member group: spouse; child related by blood, marriage or adoption; father; mother; brother or sister. Bereavement leave of up to four (4) consecutive calendar days will be granted to employees for the bereavement of the following current family member group: grandmother, grandfather, grandchildren, father-in-law, mother-in-law, son-in- law, and daughter-in-law. Bereavement leave of one (1) calendar day will be granted to employees for the bereavement of the following current family member group: aunts, uncles, nephews, nieces and the following in-laws: grandfather, grandmother, sister and brother. At the discretion of the Sheriff, additional calendar days of bereavement leave may be granted. Additionally, the employee may submit a request to use bereavement leave non-consecutively, and the Sheriff may approve or deny the request in his/her discretion. Notification to the immediate supervisor or the Assigned Duty Commander (ADC) in the event the immediate supervisor is not available, shall be given by the employee as soon as possible prior to leave.

Family Leave (FMLA). Employees eligible for Family and Medical Leave (FMLA) shall refer to the Sarpy County Family and Medical Leave Policy.

Employees shall be granted the following paid holidays, along with any other days specifically designated by the County as a county-wide holiday for all county employees:

Employees shall also be granted two (2) floating holidays. Upon the request of the employee, a floating holiday may be granted by the employee's supervisor only when that request does not create an overtime situation that can be foreseen at that time. Floating holidays shall not be carried over into the subsequent fiscal year and shall not be paid out upon separation of employment.

12-Hour Shift Employees.

• A.For employees regularly assigned to a 12-hour shift schedule (“shift employee”), “Holiday Date” shall be defined as the date of the actual holiday.
• B.Shift employees working regularly scheduled shifts that begin on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked.
• C.If a shift employee is authorized to take the day off, the employee shall receive “Holiday Time Off” pay for the same number of hours they would have normally worked during their regularly scheduled shift at their regular rate of pay. Holiday Time Off will only apply if the employee’s regularly scheduled shift that they are taking off begins on a Holiday Date.

All Other Employees.

• A.For all other employees, “Holiday Date” shall be defined as (1) the date of an actual holiday falling on a weekday (Monday through Friday) and (2) the date of an observed holiday when the actual holiday falls on a Saturday or Sunday. Whenever a holiday falls on a Sunday, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.
• B.Employees shall take “Holiday Time Off” on the Holiday Date whenever it falls on the day of their regularly scheduled shift, unless a Division Commander authorizes the employee to work on the Holiday Date or the employee is “called out” to work on the Holiday Date. The employee shall receive “Holiday Time Off” pay for the same number of hours they would have normally worked during their regularly scheduled shift at their regular rate of pay.
• C.If authorization is granted by a Division Commander, employees who work their regularly scheduled shift falling on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked.

Whenever a Holiday Date occurs on an employee's regularly scheduled day off, such employee shall receive holiday pay on the basis of eight (8) hours of pay at their regular rate of pay.

Employees “called out” to work on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked plus 8 hours of holiday pay at their regular rate of pay.

Whenever a Holiday Date falls during an employee's authorized paid leave, it shall not be charged against the employee's authorized paid leave.

Employees who are absent without using paid leave on their scheduled workday that immediately precedes or follows the Holiday Date shall not be entitled to holiday pay or other provisions of this Article.

Employees may elect to receive holiday overtime hours earned as compensatory time off, as provided in Article 19, Section 7.

Employees electing holiday pay shall be paid no later than the next pay period available following the holiday.

Whenever possible, all promotions to fill existing positions within the Sheriff’s Office shall be awarded from the ranks of such employees whenever practicable and in the best interest of the Sheriff’s Office. Promotions shall be awarded in strict accordance with the procedures specified by the Merit Commission, provided any employee to be promoted must be qualified for the position to be filled.

An employee who is promoted shall receive a minimum of 5% increase in pay and shall go to the pay level that meets this requirement.

If an employee is demoted without cause to a position for which he/she is qualified, the demoted employee shall receive a pay rate in the lower classification that provides the smallest decrease in pay. If the demotion is for just cause, the Sheriff may set the demoted employee's pay at any appropriate rate, as designated by the Sheriff, within the lower classification. If an employee is demoted upon his/her request, his/her pay rate in the lower classification scale should be set as though the employee had never been promoted.

Vacant positions shall be filled no later than ninety (90) calendar days from the date the vacancy occurred unless the position is eliminated at the Sheriff’s discretion. The ninety (90) day period may be extended upon a mutual agreement in writing between the Sheriff and the F.O.P.

The Sheriff and the F.O.P. shall appoint two (2) members for F.O.P. Lodge No. 3 to the county-wide Safety Committee. At least one (1) F.O.P. member shall attend the county-wide Safety Committee meetings.

F.O.P. officials, as determined by the F.O.P. President, shall be granted leave from duty with full pay at their regular hourly rate for the purpose of negotiations and administration of this Agreement. Administration of the Agreement shall be defined as grievance, discipline meetings, language interpretation, meetings with departmental employees and individuals associated with this Agreement. The Sheriff shall be notified of all leave requested and such requests shall not be unreasonably denied.

F.O.P. officials may be granted leave with pay for the purpose of attending F.O.P. meetings, conventions, educational conferences or conducting F.O.P. business, when it has been determined by the Sheriff that such absences will not hinder the effective operation of the Sheriff's Office. Such leave shall be contingent upon written request by the F.O.P. and approval by the Sheriff no less than one week in advance of the requested leave dates. Such paid leave shall not exceed eighty (80) hours per fiscal year for the entire F.O.P.

The County shall provide employees with the following items of uniform and equipment: uniform badges, years of service patches, uniform decorations, ballistics vest, department approved O.C. spray, Standard Operating Procedures on compact disc. Upon separation from the County, a sworn employee must return all of these items to the department. For any Support Units, the necessary equipment will be provided as per policy agreement approved by the Sheriff.

The County shall provide replacement articles as necessary for damage or loss of clothing or equipment or personal items occurring while in the performance of duties and determined to be necessary to the performance of the employee's duties. Requests for reimbursement shall be submitted in writing accompanied by proper documentation. Personal property claims will be reviewed by the Sheriff and will be paid or denied on the basis of reasonableness.

The County shall provide ammunition for prescribed duty weapons each six (6) months. The old ammunition will be used for arms training. Ammunition shall be provided as necessary to the training needs established by the Training Division and certified by the Sheriff.

Reimbursement:

• A.Each fiscal year (July 1st), employees are entitled to be reimbursed up to the following monetary amounts for substantiated claims pertaining to the purchases and maintenance of clothing and equipment required in the performance of their duties but are not adaptable or acceptable for general use:
• 1.Newly-Hired employees: $2,500 (maximum amount allowed per year for the first two years of employment from date of hire)
• 2.Non-newly hired employees $1500
• 3.Employees required to wear civilian clothing: $450
• B.Employees shall be required to submit itemized receipts for reimbursement within ninety (90) days of purchase. Reimbursement requests must be submitted no later than the second Tuesday in June of each year for fiscal year end processing. Any substantiated receipts submitted after this date and within ninety (90) days of purchase may be carried forward and applied to the employee’s uniform and equipment reimbursement funds for the subsequent fiscal year.
• C.After an employee receives the maximum reimbursement amount for the fiscal year, employees may carry forward balances for submitted receipts and apply them to their uniform and equipment reimbursement funds for one additional fiscal year (maximum of two consecutive fiscal years). Submitted receipts for approved firearms may be carried forward and applied for up to two additional, consecutive fiscal years (maximum of three consecutive fiscal years).

If there is a separation of employment, any final reimbursement shall be issued in accordance with the Sheriff's Office Standard Operating Procedures.

Civilian Attire Allowance. In addition to being eligible to receive $450 in uniform reimbursement, employees required to wear civilian clothing will receive a $1050 clothing allowance once each fiscal year (July 1st) with which to purchase attire that is in compliance with the Standard Operating Procedures as set forth by the Sarpy County Sheriff's Office. This is an allowance and not a reimbursement; allowances are considered supplemental wages and are therefore subject to taxation. This allowance is payable only if the employee is assigned to a division that requires civilian attire; should an employee be reassigned during the fiscal year, he/she will not be eligible for any further uniform and/or equipment reimbursement until the subsequent fiscal year (July 1st).

The workweek shall begin at 12:01 AM on Sunday and end at midnight on Saturday.

Employees may be required to attend roll call fifteen (15) minutes before their shift commences. Roll call time shall be compensated once per pay period through two (2) hours of Early Time Off (ETO) which shall be taken in conjunction with an employee's four (4) hours of regular ETO. An ETO is assigned once during a pay period by a shift supervisor to bring the number of hours worked by employees to eighty (80). The assigned ETO shall be six (6) hours per pay period. In the event employees are unable to take ETO, the six (6) hour ETO shall be compensated at time and a half (1½) their regular rate of pay. Employees of the Sheriff's Office may be required to attend training outside of their regular scheduled duty time. Training is considered work time. If an employee attends training and such time does not merge with his scheduled tour of duty, such employee shall be paid for a minimum of two (2) hours at the rate of time and one-half (1½) or one and one-half (1 ½) times the actual number of hours worked, whichever is greater. The Sheriff may require an employee to flex his/her hours for training if given a minimum of one (1) calendar week notice. If an employee trains during regular time off, flex time will be compensated at one and one-half (1½) times the actual number of hours worked. For example, if an employee attends and eight (8) hour training outside of their regular scheduled work hours, that employee would earn twelve (12) hours of flex time. For trainings scheduled for he entirety of a pay period, the Division Commander (Captain) may approve an employee to be temporarily assigned to a Monday through Friday forty (40) hour work week. Flex time must be used in the pay period in which it is earned.

Employees who work a shift of at least eight (8) hours shall be entitled to take a sixty (60) minute lunch period, and the time of said lunch period shall be included as paid time for that shift. Employees may be required to perform job functions during such lunch period without additional compensation. However, the employees assigned to job duties in the jail or as part of court services who are prevented from taking a sixty (60) minute lunch period shall be compensated one additional hour of regular pay. The Sheriff shall retain the right to impose restrictions and limitations in those periods when an employee’s absence for a lunch period would jeopardize or otherwise detract from the efficient operation of a division of the Sheriff’s Office.

Temporary shift hours are to be determined by the Division Commander, with approval of the Sheriff. Each shift designated may be varied not to exceed two (2) hours, at the sole discretion of the Sheriff, provided the employees affected are given a minimum of twenty-four (24) hours’ notice prior to the change of hours for the shift. The Sheriff may schedule permanent shifts of eight (8), ten (10), or twelve (12) hours.

The shifts designated in Section 4 of this Article shall be staffed by employees on the basis of bids submitted by such employees to be effective on the first full weekend of May and November of each year on the basis of their seniority in accordance to Article 8. If an employee is scheduled to be transferred, the Administration Division shall notify the employee at least fourteen (14) calendar days before shift change. Shift bidding only concerns hours of work. Employees do not have the right to bid for assignments, or specific shifts, e.g., A, B, C or D shift. The Sheriff may designate a K-9 Deputy position on certain shifts, at his/her discretion. If more than one (1) K-9 Deputy is assigned to the Road Patrol, K-9 Deputies may bid, based on Sworn seniority, among K-9 Deputies for the K-9 Deputy positions the Sheriff has designated. The Sheriff and the F.O.P. shall establish the time period and procedures for bidding and scheduling days off. Deputies permanently assigned to the jail per the Jail Transition Memorandum of Understanding between the F.O.P. and the County dated April 23, 2019 shall follow the shift bidding procedures of the Sarpy County Department of Corrections.

Any vacancy or vacancies occurring in a shift or shifts between the scheduled changes in Section 5 of this Article may be filled by assignments of the Division Commander, provided the employees affected are given a minimum of twenty- four (24) hours’ notice prior to the change of hours.

During an emergency as declared by the Sheriff, employees' shifts, hours, and duties may be established and leave provisions may be cancelled or restricted at the discretion of the Sheriff. This does not include previously approved vacation leave and military orders for active duty.

The Sheriff may assign certain employees to standby duty that requires the employee to remain in contact with the Communication Center or A.D.C.

Employees shall be required to reside within a distance that will allow the employee, under normal weather conditions, to arrive at their assigned work area within forty-five (45) minutes driving time from their residence.

Employees who are suspended shall not be permitted to schedule or work additional hours of work outside of their regularly scheduled shift, during the pay period in which they are suspended.

Overtime Pay. Employees shall be compensated at the rate of one and one-half (1½) times the regular rate of pay for the number of hours worked in excess of eighty (80) hours per pay period. Overtime shall not be paid twice for the same hours worked.

Call Out. If a full-time employee is called to duty during his/her off-duty time and such time does not coincide with his/her scheduled tour of duty, such employee shall be paid for a minimum of two (2) hours at the rate of time and one-half (1½), or one and one-half (1½) times the regular rate of pay for the actual number of hours worked, whichever is greater. If the employee stays after the end of the shift, the time worked is not considered call out and the employee shall only be compensated at the applicable rate for the actual time worked. This also applies should an employee be called to court before or coinciding with the end of the employee's duty shift.

Standby and On-Call Pay. Standby duty is defined as off-duty time during which employees are assigned to be in a state of readiness to perform work with limitations on the employees’ activities so substantial that the employees cannot use the time effectively for their own purposes ("engaged to wait"). Employees assigned to standby duty shall remain available and fit for immediate duty. • An employee's activities shall not be considered “substantially limited” based on the fact that they are subject to restrictions necessary to ensure they will be able to perform their duties and responsibilities, such as restrictions on alcohol consumption or use of certain medications. • An employee is not considered restricted for “work-related reasons” if, for example, the employee remains at the post of duty voluntarily. On-Call is defined as off-duty time where the employee is allowed to leave a telephone number or to carry an electronic device for the purpose of being contacted, even though the employee is required to remain within a reasonable call-back radius ("waiting to be engaged"). An employee who has been assigned to be on-call shall remain available and fit for duty to answer calls and to handle any issue that may arise that needs immediate attention. If an employee is assigned to standby duty pursuant to Article 18, the employee shall be paid for one (1) hour of regular pay or compensatory time for each eight (8) hours of standby duty or any fraction thereof. An employee assigned to be on-call shall be paid one (1) hour of regular pay or compensatory time for each eight (8) consecutive hours on-call or any fraction thereof. An employee must be on-call a minimum of eight (8) consecutive hours to receive this benefit.

In calculating overtime pay, the following rules shall apply: Overtime compensation will be rounded to the nearest quarter (1/4) of an hour in all situations. For example, if an employee works seven (7) minutes past the end of his/her shift, he/she will not receive any compensation. If an employee works eight (8) minutes past the end of his/her shift, he/she will receive a quarter (1/4) of an hour of compensation. If an employee works twenty-two (22) minutes past the end of his/her shift, he/she will receive a quarter (1/4) of an hour of compensation. If an employee works twenty-three (23) minutes past the end of his/her shift, he/she will receive a half (1/2) of an hour of compensation.

Overtime opportunities in any Division shall be distributed equally within the Division so far as it is practical and possible. Supervisors shall not monopolize any work hours to the detriment of other employees.

Compensatory Time Off. An employee may elect to receive compensatory time off in lieu of pay for overtime or holiday hours earned. Employees hired on or before June 30, 2014 shall have the right to accumulate three-hundred twenty (320) hours of compensatory time. Employees having a balance over three hundred twenty (320) hours as of July 1, 2014 will have their balance frozen, and will not be able to receive compensatory time until their balance drops under three-hundred twenty (320) hours. Employees hired on or after July 1, 2014 shall have the right to accumulate two-hundred forty (240) hours of compensatory time. After reaching and maintaining the accumulation maximum outlined above, further overtime hours shall be paid out. Compensatory time will be at the rate of one and one-half (1½) hours’ time off to hours earned. Upon separation of employment, compensatory time shall be paid to the employee at the employee’s rate of pay at the time of separation.

Under no circumstances shall an employee voluntarily work without compensation.

Employees working during the time that Daylight Saving Time ends or begins shall be paid for actual hours worked. When Daylight Saving Time begins in the spring, employees who lose an hour during their scheduled work time may use one (1) hour of compensatory time or vacation time to make up the difference.

Any employee required to attend as a witness or in any other capacity directly related to official duties, any case pending in the Juvenile Court, County Court or in District Court, or before any Grand Jury proceedings or in conferences with the County Attorney or their respective Assistants, or at any proceedings by any City, County, State or Federal Government or any of the subdivisions of agencies thereof, during off-duty periods, shall be paid for a minimum of two (2) hours at the rate of time and one-half (1½), or one and one-half (1½) times the regular rate of pay for the actual number of hours worked, whichever is greater, except in the case of Automatic License Revocation Hearings (ALR). If an employee is required to testify at an ALR hearing and the hearing is held telephonically, the employee shall be paid for a minimum of forty (40) minutes at the rate of time and one-half (1 ½), or one and one-half (1½) times the regular rate of pay for the actual number of hours worked, whichever is greater. When an employee is called as a witness in connection with his/her officially assigned duties and is given witness fees, the employee shall forward the fees to the Sheriff’s Office.

Employees attending training seminars, workshops, conferences or schooling approved by the Sheriff or designee shall be paid at their applicable rate of pay while in attendance at such functions and according to FLSA travel standards.

Employees shall be entitled to the compensation as set out in Section 1 of this Article pertaining to Notice of Court Hearing unless such employee is notified twelve (12) hours prior to the set time of said hearing that the hearing has been canceled. The employee shall be responsible to check his or her work e-mail to determine if the hearing has been cancelled.

Employees will be compensated in accordance with the Salary Schedule set forth in Appendix B hereto which reflects the following wage increases for 2025- 26 and 2026-27:

• 1.For Deputies and Sergeants
• a.7.5% in 2025-26; and
• b.3.5% in 2026-27.
• 2.For Lieutenant and Captains
• c.3% in 2025-26; and
• d.3% in 2026-27.

Classification levels shall be as follows, in rank order from lowest to highest:

• A.Original appointment to any position shall be made at the entrance step of a salary range, unless Article 14, Section 3 is applicable or Section 3(B) of this Article is applicable. Advancement from the entrance step to the maximum step within a salary range shall be based on performance and length of service as follows (below chart/list not applicable for Lateral Hire appointments to the position and rank of Deputy under Article 21, Section 3(B)):

• B.Lateral Hire Deputy Sheriff Appointments. Lateral Hire appointments to the position and rank of Deputy shall be made according to the Lateral Hire’s prior years of service. The entrance salary step the Lateral Hire receives upon appointment shall be determined as follows:

For Lateral Hires, advancement from the entrance salary step to the maximum step within the Deputy salary range shall be based on performance and subsequent years of service with the Sheriff’s Office; like regular hires, Lateral Hires may advance one step per year in ascending numerical order (i.e., Step 3 to Step 4; Step 4 to Step 5; and so on) until the maximum step is reached. Prior years of service for Lateral Hires shall be calculated based on the Lateral Hires’ prior hire and separation dates from their previous full-time law enforcement officer position(s). For purposes of this contract, a Lateral Hire’s prior years of service shall only be used to determine their entrance salary step when initially appointed to the position and rank of Deputy, and for no other reason.

• A.Employees hired before July 1, 2016 shall have the option to participate in one of the following longevity pay programs for the remainder of their employment with the County: Option 1: Employee retains existing longevity pay schedule but is not eligible to participate in the County’s deferred compensation matching program.

Option 2: Employee’s longevity pay schedule amounts are reduced by four hundred fifty dollars ($450) and employee is eligible to participate in the County’s deferred compensation match program (Section 8).

Additionally, any employee receiving longevity can select to have the County deposit the longevity payment into the employee’s 401(a) tax deferred defined contribution plan account. Such selection shall remain in effect for the duration of their employment with the County.

• B.Employees hired by the County after July 1, 2016 shall not be eligible to receive longevity pay but shall be eligible to participate in the County’s deferred compensation match program.

Sworn employees who are assigned to specialty assignments (SWAT, Crisis Negotiators, High Risk Incident Commanders, S.A.R.T., Investigator, Accident Reconstructionist, F.T.O., F.T.O. Supervisor, STAC-Med trained employees, Drug Recognition Expert, Warrants/Extradition Personnel, Rangemaster, Lead Firearms Instructor, Court Services Technical Support Deputy, Civil Process Deputies , Drone Operator and K-9 handler) shall receive an additional three percent (3%) of their regular (non-overtime) earnings per pay period. In order to receive this pay, the employee shall maintain the qualifications for the specialty assignment as directed by the Standard Operating Procedures, and attend and successfully complete all required training. If an employee speaks a language other than English, including sign language, with proficiency, as determined by a proficiency test designated by the County’s Human Resource Department, and such employee is specifically approved and required to use such skills in the performance of his/her duties, he/she shall receive specialty pay. This pay is contingent upon the Sheriff specifically assigning and requiring the use of such skills. The Sheriff shall not unreasonably deny second language specialty pay. Employees may earn an additional 1% for two or more specialty assignments to a maximum of 4%.

If an employee reaches a new step during the first seven days of a pay period, the employee shall be entitled to the higher pay rate for the entire pay period. If the new step is reached during the last seven days of a pay period, the employee shall not receive the higher rate until the subsequent pay period. If July 1 (date of new pay scales every fiscal year) falls in the first seven days of a pay period, employees shall be entitled to the higher pay rate for the entire pay period. If July 1 falls in the last seven days of a pay period, employees shall not receive the higher pay rate until the subsequent pay period.

All employees assigned to “C” or “D” shift and who work a majority of his or her hours between 1730 hours and 0600 hours shall be paid an additional one dollar ($1.00) per hour on both regular and overtime hours attached to their shift. Employees required to work “C” or “D” shift to cover a personnel shortage shall also receive the one dollar ($1.00) shift differential pay.

Voluntary Deferred Compensation Match Program: For employees hired after July 1, 2016, the County will match up to $1,560 annually each calendar year of an employee’s voluntary contributions to his or her 457(b) deferred compensation account by depositing the matching funds into the employee’s 401(a) tax deferred defined contribution account. For employees hired prior to July 1, 2016, the employee’s eligibility for the employer match is subject to the terms of Section 4 of this Article.

Each time an employee is officially designated by the appropriate supervisor to act in a higher classification, and actually performs said duties for one (1) complete duty shift, the employee shall be compensated for all hours worked in the higher salary grade, unless the rate is lower than the employee's regular rate, in which case the employee shall remain at his/her present rate of pay. It shall be the responsibility of the supervisor to identify those hours worked out of class for pay purposes.

No employee shall be required to work out of his/her class if such employee does not have the prerequisite qualifications to perform such work.

Employees being paid at a higher rate while temporarily filling a position in a higher classification will be returned to their regular rate of pay upon completion of the out-of-class assignment.

Employees working out of classification shall be entitled to all benefits provided by this Agreement to the position to which they are assigned.

An employee who is assigned to work out of classification shall receive a minimum of five percent (5%) increase in compensation, in accordance with the appropriate pay grade of the higher classification. At no time shall an employee receive any compensation beyond the top step of the higher pay scale.

The County shall maintain a Comprehensive Major Medical Plan that will include deductibles, co-pay amounts, co-insurance levels, in-network benefits, out-of- network benefits, and other participant payment responsibilities customarily found in Comprehensive Major Medical Plans. No plan changes will be made until receiving recommendations from the County-wide Advisory Committee which shall be submitted to the County Administrator by September 1. If no recommendations are received by September 1, the County Board has the right to make necessary plan changes in time to have the health insurance program in place by the January 1 renewal effective date. The County shall contribute ninety percent (90%) for individual coverage, eighty- three percent (83%) for employee plus coverage, and eighty-three percent (83%) for family coverage. The plan shall also provide for eighty (80%) percent of eligible in-network co-insurance costs for family, employee plus and individual coverage.

The County shall not pay such premiums referred to in Section 1 of this Article for any employee who has been provided COBRA rights or who, within any calendar month, had not received any compensation from the County for work performed, except as provided in Section 7 of this Article and when the employee is on FMLA qualified leave.

If an employee for whom the County is not paying an insurance premium by virtue of the provisions of Section 2 of this Article desires to continue such coverage, if available, it shall be the responsibility of the employee to make the necessary arrangements with the insurance carrier for coverage in accordance with the terms and conditions prescribed by the carrier at the employee's cost.

The County shall provide and pay the full premium cost for seventy-five thousand dollars ($75,000) of group term life and accidental death and dismemberment insurance for each employee who works an average of sixty (60) hours or more per pay period.

The County shall provide and pay the full premium cost for long-term disability insurance for each employee who has served the County continuously for at least one (1) year and works an average of sixty (60) hours or more per pay period. The long-term disability benefit language is contained in the plan document available through the County Human Resources Department.

The County shall provide dental insurance coverage for each employee who works an average of sixty (60) hours or more per pay period and elects to carry this coverage. Open enrollment will be held once annually. Employee premiums will be zero dollars ($0) for single and nineteen dollars ($19) per family. The annual maximum coverage per plan year (January 1 - December 31) will be fifteen hundred dollars ($1,500) per covered person per covered year. Also included is a fifteen hundred dollars ($1,500) lifetime Orthodontic coverage per dependent child. Orthodontic coverage is limited to persons up to age nineteen (19). Employees should contact the Human Resources Department for any other information relating to Healthcare or Dental Insurance.

A sworn deputy who meets either of the eligibility requirements below, may continue in the County’s primary health insurance program and receive insurance coverage as provided in this Section. Should the County discontinue Blue Cross Blue Shield Healthcare coverage, coverage shall be provided by the primary carrier selected by the County. Eligibility Requirements:

• A.Medical Disability. 1) at least twenty-five (25) years of continuous service as a sworn deputy for the Sarpy County Sheriff’s Office; and 2) approved for and/or currently receiving full long-term disability benefits from the County’s Long-Term Disability provider; or
• B.Retirement. Must be at least age fifty-five (55) with a minimum of fifteen (15) years of continuous service. Eligible employees must be enrolled in a County insurance program prior to retirement. An employee must enroll in the County's primary health insurance program prior to retirement or during open enrollment under COBRA. The premium will be paid as provided:
• C.For employees qualifying under 7.A. the County shall pay fifty percent (50%) of the monthly premium for single, employee/spouse, employee/children or family coverage until reaching age sixty (60) years. Once employees qualifying under 7.A. reach age sixty (60) and until their sixty-fifth (65th) birthday, the County shall pay one hundred percent (100%) of single coverage and fifty percent (50%) of employee/spouse, employee/children or family coverage. II. For employees qualifying under 7.B. who are age 55-59 at the time of retirement, the County shall pay fifty percent (50%) of the monthly premium for single, employee/spouse, employee/children or family coverage. Once the retiree reaches age sixty (60) and until their sixty- fifth (65th) birthday, the County shall pay one hundred percent (100%) of single coverage and fifty percent (50%) of employee/spouse, employee/children or family coverage. III. For employees qualifying under 7.B. who at the time of retirement are age sixty (60) until reaching their sixty-fifth (65th) birthday, the County shall pay one hundred percent (100%) of single coverage and fifty percent (50%) of employee/spouse, employee/children, or family coverage. For the purpose of Section 7 of this Article, it will be necessary in defining "continuous service as a sworn officer" to provide that a layoff of one year or less, any suspension for disciplinary purposes, absence on authorized leave (with or without pay), absence while receiving temporary total disability benefits under the Nebraska Workers Compensation Act, or absence while on disability, shall not constitute a break or interruption in service.

Health Care Reimbursement Arrangement Account. For those employees that have more than one year of service, the County shall pay $30 per month into the employee’s Health Care Reimbursement Arrangement Account. This payment shall be made into an HRA account that shall be available for use to pay post- employment medical costs, including premiums, out of pocket expenses, any cost to acquire prescription medicines or other prescribed medical items, and co-payments.

Except as expressly provided, nothing contained in this Agreement shall be construed as repealing any lawfully recognized benefit provided through the County for employees of the Sheriff's Office, and no employee shall inadvertently suffer any loss of wages, hours or working conditions by reason of the signing of this Agreement.

If any provision of this Agreement is subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

The County Payroll Department shall deduct regularly monthly F.O.P dues from the pay of each employee covered by the Agreement provided that, at the time of such deduction, there is in the possession of the County a current un-revoked written assignment, executed by the employee, in the form and according to the terms of the authorization form, attached hereto, marked as Appendix "A", and made a part hereof. Such authorization may be revoked by the employee at any time by giving written notice thereof to the County. F.O.P. dues shall constitute regular monthly membership dues only and shall not include additional deductions such as F.O.P. life insurance premium payments. Employees are independently responsible for payment of F.O.P. life insurance costs.

Previously signed and un-revoked written authorizations shall continue to be effective as to employees reinstated following layoff, approved leave of absence without pay, or suspension not exceeding sixty (60) days; previous authorizations of other employees rehired or reinstated shall not be considered to be effective.

Such authorization deductions shall be made from every other payroll period and will within ten (10) days be remitted to the duly designated F.O.P. official. The F.O.P. shall advise the County in writing of the name of such official.

If an employee has no pay coming for the pay period in question, or if such pay period is the first pay period of a new employee, or if the employee has signed an authorization form during such pay period of the subsequent month, such deductions shall be limited to the amount of the current regular monthly F.O.P. dues and shall not include dues for the prior months or any portion thereof.

The County shall process employee revocations in accordance with the County’s payroll processing timelines.

At the time of the execution of the Agreement, the F.O.P. shall advise the County in writing of the exact amount of regular monthly F.O.P. dues. If subsequently, the F.O.P. requests the County to deduct additional monthly F.O.P. dues, such request shall be effective only upon written assurance by the F.O.P. to the County that amounts are regular monthly F.O.P. dues duly approved in accordance with the F.O.P.'s constitution and bylaws.

The County agrees to provide this service without charge to the F.O.P.

The County shall not be liable for the remittance payment of any sums other than those constituting actual deductions made; and if for any reason it fails to make a deduction for any employee as above provided, it shall make a deduction from the employee's next pay period in which F.O.P. dues are normally deducted after written notification to the County of the error. If the County makes an overpayment to the F.O.P., the County will deduct that amount from the next remittance to the F.O.P. The F.O.P. agrees to indemnify and hold the County harmless against any and all claims, suits, orders or judgments brought or issued against the County as a result of any action taken or not taken by the County under the provisions of this Article.

A sworn employee with the rank of Deputy shall receive one (1) hour of pay or compensatory time at straight time for each six (6) hour period that the deputy has a trainee. If a sworn employee is working out of class as a Sergeant, he/she is not entitled to this benefit.

The purpose of this Article is to foster a positive learning environment and provide educational opportunities and incentives that are mutually beneficial to the employees and the County. These incentives are intended to encourage eligible employees to participate in education programs, to further their skills and knowledge for use in their current position or for use in a possible future position of greater responsibility.

Educational Reimbursement Program. The Educational Reimbursement Program shall be a plan as provided for in Section 127 of the Internal Revenue Code of 1986, as amended (the “Code”) and shall be construed consistently with the requirements of Section 127. Amounts paid for tuition reimbursement meeting the requirements of Section 127 of the IRS Tax Code are not included in an Employee’s income or subject to income tax withholding up to a maximum of $5,250 annually. If subsequent tax law changes fail to continue the tax-free treatment, or in any way modify its treatment, appropriate adjustments in tax withholding will be made from the effective date of the change. This Program does not apply to training seminars, conferences, workshops, etc.

• A.Eligibility for Educational Reimbursement Program
• 1.Employees must be a full-time regular employee as of the date the course begins.
• 2.Employees must be actively working for the County as of the date the course is completed.
• 3.The course schedule and study time must not be in conflict with the Employee work schedule.
• 4.Employees must take the course at one of the following types of accredited institutions:  Technical Institutes (trade schools)  Colleges or Universities  On-line courses The County reserves the right in the sole discretion of the Board of Commissioners to exclude any school or subject from eligibility under the Program. Any exclusion shall be effective as to courses beginning after the date the exclusion is imposed.
• 5.For employees taking graduate level courses, the course for which reimbursement is sought must be on leading to a graduate degree in a course of study in which the Employee is enrolled.
• 6.For employees taking undergraduate level courses, the course for which reimbursement is sought must be required or in line with the degree being sought, unless authorization is received from the Sheriff, except for courses that were approved for reimbursement prior to effective date of this Agreement.
• B.Reimbursement Terms Excluding courses that were approved for reimbursement prior to the effective date of this Agreement, the County will reimburse employees for one (1) undergraduate degree and for one (1) graduate degree, if such degree would be beneficial to the employee’s current position or to a future position with the County. The reimbursement procedure shall proceed as follows:
• 7.Up to 90% of the cost of tuition, required books, and class-associated fees for:  Approved technical or undergraduate level courses up to a maximum of $2,000 per fiscal year, or  Approved graduate level courses up to a maximum of $2,500 per fiscal year.
• 8.Supplies and other fees and charges will not be reimbursed.
• 9.Employees shall be entitled to reimbursement if they have complied with all provisions of this Regulation and receive a letter grade of A, B, or C, or a “Pass” grade for “Pass/Fail” courses.
• 10.Only tuition, required books, and class-associated fees actually incurred by employees are eligible for reimbursement. For example, funds received through grants, scholarships, or other waivers for these expenses will not be eligible for reimbursement.
• 11.The annual reimbursement shall continue for employees who remain employed until such time as they are reimbursed 90% of the cumulative tuition, books, and class-associated fees incurred by the employee. For example, employees who incur covered educational expenses in the cumulative amount of $10,000 shall be reimbursed $9,000 (90% of the total covered educational expenses) in annual increments of $2,000, over a five year period, provided they remain employed for five years.
• C.Application and Reimbursement Procedures
• 12.Before enrollment in a course, employees must submit to the Sheriff a completed Education Reimbursement Application. Excluding courses that were approved for reimbursement prior to the effective date of this Agreement, the Sheriff shall determine if the degree being sought is consistent with the employee’s current position or a future position with the county. The Sheriff shall either approve or disapprove the application. If the application is not approved, the employee will be notified as to the reason for the denial.
• 13.The completed and authorized application shall be forwarded to the Human Resources Department for processing and determination if the employee meets the eligibility criteria.  If the application is denied, the Human Resources Department shall notify the applicant in writing as to the reasons.  If the application is approved, the Human Resources Department will return the application form to the employee indicating approval. This application must be retained by employees and resubmitted to receive reimbursement.
• 14.To receive reimbursement, employees must submit within 60 calendar days of the course completion date to the Human Resources Department their:  Grades,  Proof of payment of tuition and course-related fees,  Receipts for required books, and  The application.
• 15.Employees who voluntarily separate service or are dismissed within twelve (12) months after receiving reimbursement, shall repay the County for reimbursements received in the prior twelve (12) months. By accepting the reimbursement under this Regulation, employees authorize the deduction of reimbursements, which must be repaid from their final paycheck. If repayment is not fully paid from their final paycheck, employees shall immediately pay the County the remaining reimbursement.

Advanced Educational Incentive. The County agrees to pay an educational incentive to each full-time, regular employee in the amount of;

• 1.$75 a month for a Bachelors' degree from an accredited college or university;
• 2.$85 a month for a Masters' degree from an accredited college or university. In order to receive this incentive, the employee must submit an official transcript or other certified documentation as verification of the degree to the Sheriff for approval, along with a completed request form availablefrom the Sheriff's Office Administrative Lieutenant. Documentation shall be forwarded to the Administrative Lieutenant for processing. A written determination of approval/disapproval will be placed in each employee’s personnel file. Payroll will process and pay out approved incentive payments according to law. The County reserves the right in its sole discretion to exclude any school or degree program from eligibility under this section.

In the event of a Line of Duty Death, defined as when an employee sustains a fatal injury arising out of and in the course of his or her employment, the County shall pay the cost of funeral expenses up to a maximum of fifteen thousand dollars ($15,000).

This Agreement shall be effective July 1, 2025, and shall remain in full force and effect until June 30, 2027. This Agreement shall automatically renew from year to year thereafter unless one of the parties notifies the others in writing that a modification of this Agreement is desired. The written notification must be presented no later than thirty (30) days before this Agreement expires. In the event such notice is given, negotiations shall begin immediately.