Week of October 25, 2021 🎃
The Highlights:
By: Megan Gulla, Kit Anderson, & Hayley Alfaro
Lexington Police Department Union Contract / ARPA Committee of the Whole / The Final Countdown for Redistricting (?) & Get Engaged / Last Week’s Meetings / This Week in City Government
💡 Big topic this week: Lexington Police Department's Union Contract
During this week's Work Session, Council will assess changes to the long-awaited 2021 Bluegrass Fraternal Order of the Police (FOP) Lodge 4's Collective Bargaining Agreement (CBA) for Officers and Sergeants. The document, which includes outlines for police disciplinary procedures, expired on June 30th of last year.
The confidential negotiation process between the FOP and the Mayoral Administration was put on hold in 2020 due to COVID precautions. The Council and residents were not directly involved, but the Administration could choose to bring their concerns to the table on their behalf.
Council will now have the final say in whether or not the city adopts the agreement. This CBA was a major point of discussion in last summer's protests following the murder of George Floyd, with changes to incident reporting and disciplinary procedures for officers being some of the most sought-for demands of protestors for better police accountability.
You can attend the meeting on the 26th either in person or watch it remotely via the city's LexTV broadcast. Major changes to listen for include details about pay raises, Grievance Procedures, Disciplinary Procedures and the Bill of Rights, Personnel Files, and Critical Incidents.
Major changes include:
Pay Raises: A four-year, $21.3M agreement for pay increases. Starting pay will now be $47k; also: 3% pay raise in 2022, followed by 2% raises in 2023 and 2024
First Responder Bonuses: $5,000 bonuses for all officers from the city's ARPA funds
Civilian Oversight: LPD's internal review board added 2 civilian positions; the board also has 2 FOP union representatives, and 5 other police officers (down from 6)
Misconduct Records: The LPD can now consider officer conduct records that are older than 5 years when disciplining an officer. Previously, any records older than 5 years were not allowed to be considered.
Paid Leave: LPD officers now can have up to 2 years of paid leave after an injury, up from 18 months.
A lot more details below. If you want to skip to the next section, just click here.
Article 39 - Salary Schedule
Pay increases to make entry-level pay more competitive and to promote retention.
3% starting July 1, 2022
2% starting July 1, 2023
2% starting July 1, 2024
Article 11 - Grievance Procedure
Language added to Section 1:
all grievances must be signed by the affected member (the document uses the term member in place of officer); it must be presented to a designated Lodge representative; incomplete and unsigned grievance documents don't count as adequate notice of grievance filing; and all grievances have to be in writing.
Language added to Section 2
LFUCG and the Lodge can mutually agree to extend grievance deadlines
meaning of "grieved event" includes when a member knew or should have known about the circumstances leading to a grievance.
Section 2, Step 1: The term "Immediate Supervisor" was replaced with "Affected Member's Lieutenant". The Lieutenant now has 14 days from when the grievance was submitted to answer in writing via email to the member and the lodge.
Section 2, Step 2: Members can appeal to the Assistant Chief within 14 days of receiving a response from their Lieutenant if they don't agree with it. The Assistant Chief must meet with the member within 14 days after being notified and must provide a written answer within 14 days of that meeting. Finally, all grievances affecting members of more than one Bureau or more than one member in the same Bureau must be initiated at this step.
Section 2, Step 3: Appeals to answers initiated in Step 2 must be presented by email to the Chief of Police within 14 days of the member receiving the answer from the Assistant Chief. The Chief must meet with the affected member and Lodge representative to discuss the grievance and provide an answer to it within 14 days of the meeting .
Section 2, Step 4: Further appeals to the Mayor must be presented within 14 days of receiving the Chief's answer. The Mayor must meet with the member and Lodge representative to provide an answer within 14 days of the meeting.
Section 2, Step 5 (A): amended to require an affected member to notify LFUCG in writing of their intention to seek arbitration of a grievance within 14 days after receiving the Mayor's answer. Language was added that the arbitration panel must include 7 arbitrators from the Kentucky region and that the panel be provided within 21 days of the member requesting arbitration.
Section 3: The Department has a 72 hour grace period to provide an answer to a grievance if the affected member doesn't receive one within the timeframes listed in Steps 1-4. If the Department still doesn't provide an answer, the grievance will be deemed confessed.
Section 4: the grievance procedure is the sole means of resolving grievances unless otherwise noted.
Article 15 - Disciplinary Procedures and the Bill of Rights
Section 2: members are to be disciplined only for just cause; the term "misconduct" includes acts or omissions in violation of criminal law and LFUCG policy
Section 3 - Complaint Procedure: The complaint procedure has been removed and replaced nearly in its entirety.
Section 3(A)(1) - complaints alleging criminal misconduct by a member will be investigated without the need for a signed affidavit from the complainant.
Section 3(A)(2) - complainants alleging misconduct not classified as criminal activity must provide a signed affidavit
Section 3(A)(3) - if the complainant refuses to sign an affidavit related to a complaint, LFUCG may still investigate the incident, but may only bring charges if LFUCG can independently substantiate the allegations against the member.
Section 3(B) - adds that nothing in the section precludes the Department from investigating and charging members with criminal or administrative misconduct.
Section 3(C) - the complaint procedure defined in KRS 15.520 adn KRS 95.450 must be explained to the complainant by a supervisor or the Public Integrity Unit ("PIU") investigator.
Section 3(D) - a complainant is required to sign an affidavit if they elect to file a formal complaint. The PIU shall investigate all allegations of misconduct contained in formal complaints.
Section 3(E) - If the complainant chooses not to file a formal complaint, then an informal complaint or an information only report may be completed, and such complaints must be resolved at the Bureau level:
Section 3(E)(1) - once an informal complaint is received, a member's immediate supervisor must contact the complainant to conduct further inquiry and investigation as appropriate
Section 3 (E)(2) - an investigating supervisor may take appropriate remedial measures at the Bureau level on informal complaints which are limited to coaching and counseling and remedial training. Coaching and counseling documents do not constitute discipline.
Section 3 (E)(3) - After the investigation, the investigating supervisor must contact the complainant and inform them of the resolution and/or remedial measures taken. If unsatisfied with the result, the complainant must be referred to PIU where they can file a formal complaint.
Section 3(E)(4) - If the investigating supervisor believes the incident requires a formal complaint, and the complainant declines to do so, the investigating supervisor must file a formal complaint with the PIU.
Section 3(E)(5) - Requires all informal complaints to be documented accurately and to be provided to the PIU for entry into the Early Indication System.
Section 4 - Investigation Procedure
Section 4(A) - The member must be provided with a written explanation of the reason for an investigation and whether the member is the subject of the investigation. If a member becomes the subject of an investigation, an investigator has no obligation to stop an interrogation to inform the member they are now the subject of an investigation.
Section 4(B) - A member may be required to submit his/her own written report regarding an investigation.
Section 4(E) - was added stating that LFUCG shall conduct administrative investigations of non-criminal conduct within 60 days of receipt of a signed affidavit from the complainant. The time limit can be extended by the Chief of Police.
Section 4(F) - If a criminal investigation occurs along with an administrative complaint, the administrative complaint can be postponed until the criminal investigation is resolved.
Section 4(G) - When a complaint alleges criminal misconduct, the member may also be subject to an administrative investigation, and the member will be provided with a copy of the administrative complaint within 7 days of the disposition of the criminal investigation. Administrative complaints not related to criminal activity will be provided to the member within 21 days of the signing of an affidavit by the complainant.
Section 4(H) - The PIU investigator will prepare a summary report to the Chief of Police following the completion of the investigation.
Section 4(I) - The Lodge must provide LFUCG with any written or recorded statements related to disciplinary actions against a member prior to any hearing before the LFUCG Urban County Council.
Section 4(L) - It is not a condition of continued employment to be compelled to testify by any person or body of a non- governmental nature. The Disciplinary Review Board is recognized as a governmental body.
Section 5 - Discipline Procedures, a newly added section
Section 5(A)- Requires the PIU investigator to submit a written summary of an investigation to the Chief of Police within 7 days of completion.
Section 5(B)- Requires the Chief of Police to determine whether the investigation revealed one of the following:
Proper Conduct - Member's actions did not constitute misconduct.
Improper Conduct - Member's actions did constitute misconduct.
Insufficient Evidence - Not enough evidence to prove or disprove the allegations.
Unfounded Complaint - the allegations were false or no evidence to support them.
Policy Failure - Member's actions fell within the relevant policy, but the policy may need to be reviewed and/or changed.
Section 5(C) - Requires the Chief of Police to communicate to the member his/her intentions to conclude the disciplinary process if there is no misconduct.
Section 5(D) - If there is misconduct, the Chief may recommend discipline, and may meet with the member to present recommended discipline and/or sanctions (the meeting will not be subject to section 7). The member may accept or reject such recommendations. The Chief may also choose not to recommend discipline (or if the member rejects the recommendation), and if so, the Chief must direct the PIU to prepare a report for the Disciplinary Review Board (“DRB”).
Section 5(E) - If the member accepts the Chief’s disciplinary recommendation, the PIU will prepare an Agreement of Conformity, and after signed by the member, the agreement will be sent to the L.F.U.C.G. Council Clerk to be put on the agenda.
Section 5(F) - If the disciplinary action is referred to the Disciplinary Review Board, the member must appear before the board and respond to questions. Failure to appear or respond to questions subjects the member to further discipline, including termination. Prior to the appearance before the Board, the member may obtain the investigative file upon written request. All records in the file are confidential and the member’s copy must be destroyed at the conclusion of the disciplinary proceedings.
Section 5(G) - The PIU investigator and the member will have an opportunity to present all relevant information to the Disciplinary Review Board, and the DRB may direct questions to the investigator and the member.
Section 5(H) - The DRB shall deliberate at the conclusion of the presentation without the member or Lodge representative present. The DRB shall determine by majority vote whether the member’s actions constitute misconduct, and the member shall be informed of the DRB’s decision and recommendation.
Section 5(I) - All DRB recommendations shall be reduced to writing and sent to the member and Chief of Police.
Section 5(J) - The Chief may accept, reject, or alter the DRB’s recommendations and may meet with the member again before making his/her recommendation (again this meeting is not subject to discipline under Article 7). The member may then reject or accept the Chief’s recommendation.
Section 5(K) - If the member rejects the Chief’s recommendation, the Chief must forward the recommendation to the L.F.U.C.G. department of law, who will then prepare charges to be filed with the L.F.U.C.G. Council Clerk. The Clerk will then comply with all necessary provisions of the collective bargaining agreement and KRS 15.520 and KRS 95.450.
Section 5(L) - Any time limits imposed by statute regarding the notice of disciplinary charges and recommended sanctions are considered issued upon service to a member.
Section 5(M) - was amended to require L.F.U.C.G. and the Department to make available any L.F.U.C.G. employees who have information related to potential misconduct as witnesses at any hearing conducted by the L.F.U.C.G. Urban Council.
Section 5(N) - was amended to require the L.F.U.C.G. Council Clerk to issue subpoenas to witnesses for L.F.U.C.G. Urban County Council hearings.
Section 5(O) - If Improper Conduct is determined through the investigation process, the Chief of Police, or designee, shall notify the complainant in writing about the final disposition.
Section 6 - Disciplinary Review Board ("DRB")
Section 6(A) - Requires the DRB to consider founded complaints made against members when the Chief of Police declines to recommend discipline, or when the member rejects the Chief’s recommendation.
Section 6(C)- Describes the requirements of the make up of the DRB: 9 members, 5 of whom are either Assistant Chiefs or Commanders. 2 members of the DRB must be supervisors appointed by the Lodge, and 2 members will be Fayette County residents who are 21 years or older, who have no felonies, and who have not been convicted of a misdemeanor within the last 5 years.
Section 6(D)- Requires the chairperson of the DRB to be appointed by the Chief, and a member of LFUCG’s law department will serve as a liaison to the DRB. The person who filed the complaint cannot be a member of the DRB.
Section 6(E)- The members of the DRB shall adhere to all confidentiality requirements set forth in federal and state law.
Section 7 - Lodge Representation
Section 7(A)- States that a member has the right to Lodge representation if the member is questioned by a supervisor regarding an incident or complaint, the member believes the incident may result in discipline, and the member requests representation.
Section 7(B)- The right to Lodge representation must include a supervisor’s request for a written statement from the member regarding the incident.
Section 7(C)- The Lodge agrees to have a representative available at all times to provide representation without unreasonable delay. The Lodge must provide the Chief with a list of Lodge representatives at specific times.
Section 7(D)- L.F.U.C.G. is not required to delay an interview or written statement of a member to wait for a member’s preferred representative. So long as there is a qualified representative present, there is no cause for delay.
Section 7(E) was amended to define a “Lodge Representative” as a designated member of the Lodge or an FOP attorney.
Article 16 - Personnel Files
Section 1 - Personnel files are the property of LFUCG and that this section is subject to state and federal law.
Section 6 - A "Supervisor's file" of a member must only contain records reasonably necessary to reference a member's prior work performance when preparing evaluation, and to recommend additional training.
Section 7 - If no formal complaints are filed, only an informal complaint or information complaint may be completed. These complaints are to be investigated and resolved at the Bureau level, and any action taken must be forwarded to the Public Integrity Unit for storage in the IA/Pro system. Coaching and Counseling documents are to be kept in the member's electronic personnel file for a maximum of one year from the date of incident.
Article 41: Critical Incidents
A new article created from former Article 15 language
Section A - LFUCG must notify the Lodge President when any member is involved in a "critical incident", which is an incident that results in the death or serious physical injury to another.
Section B - Members are not allowed to refuse or fail to cooperate in providing scene information about a critical incident.
Section C - Requires that the investigating agency follow all applicable post-critical investigation protocols
Section D - A drug test may be administered to any member involved in a critical incident.
Section E - Members must be informed of their right to counsel and given enough time to receive counsel if being interviewed by an investigating agency as a result of their involvement in a critical incident.
Section F - Members are not required to give a statement on a critical incident during a criminal investigation with a Public Integrity Unit representative present.
The above is only an excerpt containing the most publicly-relevant agreement changes and additions. If you'd like to read the full document, you can access it here.
🏢 This week in City Hall: ARPA Committee of the Whole
For the past 2-3 weeks, the Urban County Council has held a number of meetings about how the city will spend the $120 million in ARPA funds it has received from the federal government. Here's what you need to know:
City Council decided to tackle this task by splitting into subgroups, each with 3 Council Members, similar to how they use "links" when deciding on LFUCG's annual budget.
Each subgroup received a list of project proposals submitted either by the Mayor, Council, or a member of the public.
The subgroups spent two weeks deliberating over these lists and deciding which proposals merit serious consideration.
This week, we will hear the recommendations of each of subgroup! They will bring their list of recommendations to the Committee of the Whole (COW) this Tuesday at 10 am, where the full council will start deciding what they want to fund.
You can get a preview of what each subgroup is going to bring to this COW on our website, or in our new city meetings database.
Infrastructure Subgroup
$17.5 million for Coldstream infrastructure projects, as requested by the Mayor’s Administration
$3 million for tree canopy improvements via Trees Lexington
$300k for solar energy initiatives on LFUCG buildings
$1.2 million for multimodal transportation projects, specifically
A Brighton Rail Trail connection at Liberty Park
A Harrodsburg Road trail from Man O’ War to Dogwood Trace
A Harrodsburg Road trail from Man O’ War to Corporate Drive
A Manchester Street pedestrian facility
$4.5m for critical government infrastructure needs, as requested by the Mayor’s Administration
Parks & Recreation Subgroup
$10 million for a new park at Cardinal Run North
$10 million various parks master plan recommendations, including:
$1.1 million for trail improvements
$2.6 million for sport court renovations
$1 million for playgrounds
$1 million for building maintenance
~$1.8 million for aquatics system repairs
$1.35 million for renovating Dunbar Community center
$1 million for an expansion of the Cardinal Valley neighborhood center
~$125,000 for improvements at Whitney Young Park
Critical City Services & Public Safety Subgroup
$3.1 million for SCBA (Self Contained Breathing Apparatus) Gear for the Fire Department
$6.1 million for Fire Department fleet replacements
$5 million for Police Department fleet replacements
$4 million for general LFUCG fleet replacements
$600k for renovations to the Black and Williams Gymnasium
$2.5 million for a new Fire Department Training Academy facility
Equity Services Subgroup
$5M to Housing Stabilization and Homelessness Prevention and Intervention (OHPI)
$10M to Affordable Housing
$920k to the Summer Youth Employment Program
$350k to Safety Net/One Lexington
$240k to It Takes a Village
$40k for a van for One Lexington (planning to add to the Fleet requests, but could end up funded by budget stabilization)
$3M to COVID Public Health Assistance
UP TO $150k for the ADA Improvement Plan
Economic Development Subgroup
$1M for VisitLEX and hospitality recovery
$7.5M for Town Branch Park
$12M for a Davis Commons Project
$5M for an LFUCG Center for Economic Development, located in Davis Bottoms area
$2.5M for AgTech Economic Development
$920k for Summer Youth Employment Expansion
$10.5M for a Distillery District Revitalization Investment
$991k for a proposal to expand Commerce Lexington’s minority business accelerator
Unknown amount for a proposal to transform Lexington History Museum’s tourism impact
Other Projects that may be funded through ARPA or budget stabilization:
$28k to Senior Center audio enhancement
$78k to RadioLex for language accessibility
🏃 Get Engaged: The final countdown for Redistricting (?)
⚖️ Redistricting Lexington
It may be hard to believe this, but Lexington's 2021 process Redistricting is almost done! Here aer the last couple things this week to be aware of:
New Redistricting Maps
The Redistrict Lexington Committee released two new redistricting maps on Friday. These maps were created in response to resident input and provide two potential alternatives to moving the Goodrich precinct from the 3rd to the 10th District.
Explore the original and the two alternative maps here and email any suggestions or comments to redistrictlexington@gmail.com.
Redistricting Commisison Meeting
The Redistrict Lexington Committee will meet this Wednesday, October 27 at 10 am in the Phoenix Building's 3rd floor Conference Room. The Committee will be reviewing any public feedback about the new map proposals and deciding on a final map version to recommend to Council during the Work Session on November 2nd.
Again, you can take a look at the maps here and email your comments or suggestions to redistrictlexington@gmail.com.
📐 Redistricting Workshop - Districts 4 & 9
Learn more about the ins and outs of Lexington's Redistricting process, with a special focus on Districts 4 & 9, at our Redistricting Workshop on Monday, October 25th at 6:00pm on Zoom. We'll talk about how these districts have changed over time and what they will look like moving forward.
Note: Every attendee at every redistricting workshop we host will be entered to win a $25 cash prize!!! 💸
Join the workshop using this zoom link.
💦 Lexington Division of Water Quality Neighborhood Meeting
The Lexington Division of Water Quality will host a neighborhood meeting to discuss the next phase of the West Hickman Trunk E project and impacted areas. The West Hickman Trunk E project is located along Greentree Road, starting near Armstrong Mill Road and continuing past New Circle. It is comprised of approximately 6,000 feet of replacement pipe ranging from 15 to 42 inch diameter. This project is part of the Remedial Measures Program to address the EPA’s consent decree with Lexington.
When: Monday, (11/01) at 6:30pm
Where: Tates Creek Golf Course Counting Room (by the Pro Shop), 1400 Gainesway Drive
🗞 Updates from last week: Street Tree Removal & ARPA Meetings
KU Street Tree Removal
Last week's Council Work Session featured a presentation from Kentucky Utilities about its plan for the removal of trees that could potentially interfere with their transmission towers.
Lexington residents showed up en masse to protest the clearcutting.
Council pressed Kentucky Utilities representatives to create a better, more individual plan for the city.
Neither party reached a decision or agreement, but KU expressed that they would be willing to reconsider their plan and, while doing so, put the clearcutting work on hold.
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ARPA Meetings
The ARPA subgroups are done meeting! Read CivicLex's updated summaries and our best guess at what they will bring to the ARPA COW with the following links:
🏢 This week in City Government
Monday, October 25
No City Meetings!
——
Tuesday, October 26
🐄 Special Committee of the Whole (COW) Meeting
⏱ - 10:00am on October 26th
📍 - 2nd Floor Council Chamber (200 East Main Street)
📺 - Watch on LexTV
🗣 - No input option available
📖 - TBD
—
⚖️ Budget, Finance, and Economic Development Committee Meeting
⏱ - 1:00pm on October 26th
📍- 2nd Floor Conference Room (200 East Main Street)
📺 - Watch on LexTV
🗣 - No input option available
📖 - View Agenda
—
⚖️ Council Work Session
⏱ - 3:00pm on October 26th
📍- Council Chambers (200 East Main Street)
📺 - Watch on Lex TV
🗣 - Give public comment in person
📖 - View Agenda
——
Wednesday, October 27
⚖️ Technical Committee Meeting
⏱ - 8:30am on October 27th
📍- Virtual
📺 - Watch via Zoom
🗣 - No input option
📖 - View Agenda
—
⚖️ Redistricting Lexington Meeting
⏱ - 10:00am on October 20th
📍- TBD
📺 - No viewing option
🗣 - No input option
📖 - No agenda available
—
🚘 Transportation Policy Committee (TPC)
⏱ - 1:30pm on October 27th
📍 - Virtual
📺 - Watch via Zoom (Webinar ID: 836 2188 2162/Passcode: 947640)
📖 - No agenda available
🗣 - Give input in person
—
🚜 Rural Land Management Board meeting
⏱ - 3:00pm on October 27th
📍 - 2nd Floor Council Chamber (200 East Main Street)
📺 - Watch on Lex TV
📖 - View Agenda
🗣 - Give input in person
———
Thursday, October 28
⚖️ Mayor's International Affairs Advisory Commission (MIAAC) Emergencies and Public Health Committee Meeting
⏱ - 10:00am on October 28th
📍 - Virtual
📺 - Watch Via Zoom
🗣 - No input option available
📖 - No agenda available
—
⚖️ LFUCG Compensation Workshop
⏱ - 1:30pm on October 28th
📍 - Caucus Room (200 East Main St.)
📺 - No viewing option
🗣 - No input option available
📖 - LFUCG Compensation Policy, ARPA Premium Pay and non ARPA qualified personnel.
—
🗺 Planning Commission Public Hearing - Zoning Items
⏱ - 1:30pm on October 28th
📍 - 2nd Floor Conference Room (200 East Main Street)
📺 - Watch on Lex TV
🗣 - Give input in person
📖 - No agenda available
—
⚖️ State Legislative Session Workshop
⏱ - 4:30pm on October 28th
📍 - Caucus Room (200 East Main St.)
📺 - No viewing option available
🗣 - No input option available
📖 - No agenda available
—
⚖️ Council meeting
⏱ - 4:30pm on October 28th
📍 - 2nd Floor Council Chamber (200 East Main Street)
📺 - Watch on Lex TV
🗣 - Give input in person
📖 - State Legislative Session
———
Friday, October 29
No City Meetings!
🏃 More ways to get engaged
🎭 Improv at the Bell House
Need a good laugh? Join comedian and Civic Artist in Residence Debra Faulk at the Bell House for skits, role-playing, storytelling and stand-up comedy this Wednesday morning at 10:30am. Call the Bell House at (859) 233-0986 to RSVP.
🎄 City Seeking Two Christmas Trees for Downtown
Do you have a large evergreen tree that is nicely shaped that you want removed from your property? If so, consider donating it for the city to use for Lexington’s holiday season celebration!
City officials will evaluate all trees and select the two chosen for the city Christmas trees. If your tree is chosen, the City and Kentucky Utilities will coordinate with the property owner remove it in early November. There’s no financial compensation, however removal of the tree and stump grinding is FREE.
The chosen trees will be placed in Triangle Park and in front of the KU building on Quality Street. They will be decorated and lit Friday, Nov. 26, as part of Luminate Lexington presented by Kentucky Utilities and Baird. Help your tree live out its Christmas destiny! The trees need to meet certain guidelines, which can be found here.