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HomeMy WebLinkAbout98-97 OrdinanceRECORD OF ORDINANCES Lega] Blank Co. Ordinance No Passed_______ Form No. 30043 19-- ---- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE, OffiO LABOR COUNCIL REGARDING WAGES, HOURS, TERMS AND CONDITIONS OF EMPLOYMENT FOR THE CLERICAL BARGAINING UNIT WITHIN THE DIVISION OF POLICE. ,~ ,... WHEREAS, the City of Dublin and the Fraternal Order of Police, Ohio Labor Council have reached agreement regarding wages, hours, terms and conditions of employment for the clerical bargaining unit within the Division of Police; and WHEREAS, adequate funding exists within the 1997 Budget to cover the economic provisions contained within the attached Agreement; NOW, EREFORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: i n 1 That the City Manager is hereby authorized to enter into the attached Agreement with the Fraternal Order of Police, Ohio Labor Council regarding wages, hours, terms, and conditions of employment for the clerical bargaining unit within the Division of Police. e ti n 2 That, as referenced in Section 1.4 of the attached Agreement, said Agreement shall supersede and replace all applicable state and local laws which it has the authority to supersede and replace. i n 3 That this Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this ! s day of , 1997. ~'1 -Presiding Officer ~-. ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/{leseFt~i+s-r,~,.,.a ~,.~;rrd in the City of Dublin in accordance with Section 731.25 of th~r;"'A i"eF,"~~e~ Code. Rss~ Clerk f C uA. D~1bG Oltin t\pe[lkstbffice\wp6lbrds\98-97 CITY OF DUBLIN Memo Office of the City Manager "~ 5200 Emerald Parkway Dublin, Ohio 43017-1006 Phone: 614-761-6500 Faz: 614-889-0740 To: Members of Dublin City Council From: Timothy C. Hansley, City Manager Date: July 3, 1997 /& D Re: Collective Bargaining Agreement Between the City of Dublin and the Fraternal Order of Police, Ohio Labor Council - Ordinance No. 98-97 Authorizing the City Manager to Enter into an Agreement By: David L. Harding, Director of Human Resources/Procurement Attached for your consideration is Ordinance No. 98-97 authorizing the City Manager to enter into a Collective Bargaining Agreement between the City of Dublin and the Fraternal Order of Police, Ohio Labor Council (F.O.P., O.L.C.) regazding wages, hours, terms, and conditions of employment for the clerical bargaining unit within the Division of Police. Also attached for your reference is a copy of the contract document upon which tentative agreement has been reached by both parties and a "highlights" page summarizing the noteworthy economic changes, as compared to the provisions of the City Compensation Plan which previously governed the compensation of employees now within this bargaining unit. (As you may recall from several of the "labor issues update" memos in the Council packets over the past year, this is a new comparatively small bargaining unit consisting of five (5) clerical employees exclusively within the Division of Police.) The attached Agreement is the culminating of a bargaining process which only began in April 1997. Most of the issues addressed in the bargaining process were resolved fairly quickly, although honest disagreements arose from time to time which required considerable discussion. Although some deep philosophical disagreements arose during the process, the process was generally characterized by steady, meaningful progress and abusiness-like, professional approach. In my judgment, both parties worked very hard to produce a tentative agreement that is fair to both parties. Page 2 For the most part, the attached tentative Agreement contains substantially the same economic provisions as those presently found within the City Compensation Plan and/or our other collective bargaining agreements which, in good measure, would maintain parity between employees within this bargaining unit, other City bargaining units, and other non-union City personnel. The non- economic provisions contained within the attached Agreement are standard provisions found in our other existing collective bargaining agreements or which are common to public sector agreements. The term of the attached Agreement would be from date of execution through December 31, 1999, unless otherwise provided in the Agreement. With the exception of the wage structure identified in Section 23.1, which is effective August 1, 1997, all provisions of this new Agreement would be effective upon execution of the Agreement. Adequate funding exists within the 1997 Budget to cover the economic provisions contained within the attached Agreement and, therefore, no further appropriations legislation would be required to implement these provisions. In conclusion, Staff believes the attached Collective Bargaining Agreement is fair to both parties and, therefore, would recommend that Council adopt Ordinance No. 98-96 at its second reading at the July 21, 1997 Council Meeting. TCH/DLH/Icst Attachments t\peAkst\office\wp6lUchUh009 07-03-97 CITY OF DUBLIN/FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL (F.O.P./O.L.C.) TENTATIVE COLLECTIVE BARGAINING AGREEMENT (Clerical Bargaining Unit within the Division of Police) * SUMMARY HIGHLIGHTS -NOTEWORTHY ECONOMIC CHANGES WAGES (Article 23) - The Wage Structure (minimum to maximum) reflected in Section 23.1 for the Police Clerical Specialist I classification is identical to the existing wage structure for the existing Clerical Specialist I classification identified in the present City Compensation Plan ($20,374.00 - $30,561.00). Likewise, the wage structure reflected for the Police Clerical Specialist II classification is identical to the existing wage structure for the existing Clerical Specialist II classification identified in the present City Compensation Plan ($22,230.00 - $33,345.00). (You may recall that the Classification and Compensation Study conducted in 1996 recommended the above referenced pay ranges for the Clerical Specialist I and II classifications, however, the City was, at the time, precluded by law from implementing these ranges for clerical employees within the Division of Police who were already members of a SERB certified bargaining unit. In the interim period between the filing of the "recognition request" by the F.O.P., O.L.C. and the present, these bargaining unit employees have been frozen in the old ranges, which were adopted in 1993. This old wage structure compensated the equivalent of Police Clerical Specialist I at $17,696 - $25,538 and the equivalent of Police Clerical Specialist II at $18,656 - $26,555). (This new wage structure establishes rates of compensation, as recommended by the Classification and Compensation Study, for both job classifications which are not only externally competitive and internally equitable, but which will also assist the City with the recruitment and retention of future employees within these classifications.) * Highlights of economic changes compared to City Compensation Plan which previously governed the compensation of employees now within this bargaining unit. Pa eg Two The Wage Structure identified in Section 23.1 for both Police Clerical Specialist I and II represents a shift from the previous pay range system with merit increases identified in the City's Compensation Plan. The key element of the wage structure/step system in Section 23.1 is the ability of employees within the bargaining unit to receive annual step increases of 4.25%, provided the employee receives an "effective/satisfactory" rating on his/her annual performance evaluation. (The pay range/merit increase system presently in place for non-union personnel allows an annual merit increase up to 5%.) It should be emphasized that the wage structure/step system in Section 23.1 does not include annual inflationary adjustments during the term of the Agreement. Under this Agreement, a bargaining unit employee would only receive an annual step increase. (Although Section 23.1 represents a shift from a more flexible system, driven totally by merit, to a more rigid step system, the City was successful in retaining some elements of merit in requiring at least "effective/satisfactory" performance to qualify for the annual step increase, as well as avoiding an annual inflationary adjustment to the structure each year of the Agreement - a characteristic commonly found in collective bargaining agreements.) TRAINING ASSIGNMENTS (Article 34) - The Training Assignments provision identified in Section 34.1 would compensate a member of the bargaining unit for acting in a designated, formal "trainer" capacity by providing one-half ('/2) hour of Compensatory Time for each eight (8) hour shift the member spends in this formal trainer capacity. (The same provision exists within the collective bargaining agreements with the two other bargaining units within the Division of Police, but not within the present City Compensation Plan.) (Most training programs within Police agencies are highly structured, formal in nature, requiring an intensive focus over a defined period of time. The effort and responsibility associated with serving in such a designated, formal "trainer" capacity is considerable.) c:\office\wp61\police\cIeN7.sum CONTRACT BETWEEN THE CITY OF DUBLIN AND THE FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL POLICE CLERICAL UNIT CONTRACT PERIOD: EXECUTION OF CONTRACT THROUGH DECEMBER 31, 1999 TABLE OF CONTENTS ARTICLE 1 -CONTRACT PAGE 1.1 Contract 1 1.2 Purpose 1 1.3 References 1 1.4 Applicability 1 ARTI CLE 2 -RECOGNITION 2.1 Recognition 1 2.2 Bargaining Unit 2 ARTI CLE 3 -UNION SECURITY 3.1 Dues Deduction 2 3.2 Bulletin Boards 3 3.3 Meeting Locations 3 3.4 Ballot Boxes 4 3.5 Use of Intra-Divisional Mail 4 3.6 F.O.P./O.L.C. Business 4 ARTICLE 4 - NO STRiKE/LOCKOUT 4.1 Employer Pledge 4 4.2 Union Pledge 4 ~. 4.3 Applicability of Grievance Procedure 5 4,4 Employer's Right to Discipline 5 4.5 Union Responsibility 5 ARTI CLE 5 -NONDISCRIMINATION 5.1 Joint Pledge 5 5.2 Employer Pledge 5 5.3 F.O.P./O.L.C. Pledge 5 5.4 Gender Reference 6 i ARTICLE 6 -MANAGEMENT RIGHTS 6.1 Management Rights 6 ARTICLE 7 - LABOR/MANAGEMENT MEETINGS ,~:,,. 7.1 Meetings 6 ARTICLE S -BARGAINING UNIT BUSINESS 8.1 Employee Designee 7 8.2 Negotiating Committee 7 ARTICLE 9 -GRIEVANCE PROCEDURE 9.1 Definition 7 9.2 Jurisdiction 8 9.3 Qualifications 8 9.4 Grievance Form 8 9.5 Grievance Procedure 9 9.6 Right to Representation 10 9.7 Working Days 10 9.8 Extension of Time Limits 11 ARTI CLE 10 -INVESTIGATIVE PROCEDURES ~` ` 10.1 Scope 11 10.2 Informal Process for Non-Serious Complaints or Offenses 11 10.3 Notification 12 10.4 Right to Representation 12 10.5 Conduct of Questioning 12 10.6 Access to Tapes and Documents 13 10.7 Citizen Complaints 13 10.8 Initial Investigation 13 ii ARTICLE 11 -DISCIPLINE 11.1 Discipline for Cause 14 11.2 Progressive Discipline 14 11.3 Disciplinary Action 14 11.4 Pre-Disciplinary Conference 15 11.5 Copy of Discipline Record 15 11.6 Appeal 16 ARTI CLE 12 -PERSONNEL RECORDS 12.1 Personnel File 16 12.2 Retention of Records 16 12.3 Inaccurate Documents 17 ARTICLE 13 -WORK RULES 13.1 Work Rules 17 ARTICLE 14 -POLITICAL ACTIVITY 14.1 Political Activity 17 ARTICLE 15 -SENIORITY 15.1 Seniority 18 15.2 Application of Seniority 19 ARTICLE 16 -EMPLOYEE ASSISTANCE PROGRAM 16.1 Employee Assistance 19 16.2 Coverage of Terms and Conditions 19 16.3 Other Terms and Conditions 20 iu ARTICLE 17 -DRUG FREE WORKPLACE 17.1 Purpose 21 17.2 Policy 21 17.3 Drug-Free Awareness & Employee Assistance 22 17.4 Criminal Convictions & Notification Requirement 23 17.5 Employee Acknowledgment 23 ARTICLE 18 -CONSUMPTION OF ALCOHOL 18.1 Purpose 23 18.2 Policy 24 18.3 Alcohol Awareness & Employee Assistance 24 ARTICLE 19 -EMPLOYEE DRUG & ALCOHOL TESTING 19.1 Purpose of Testing 25 19.2 Terms and Conditions of Testing 25 19.3 Drug and Alcohol Testing Procedures 26 19.4 Referral to Employee Assistance Program 27 ARTICLE 20 -USE OF_PRESCRIPTION &c "OVER TAE COUNTER" MEDICATION 20.1 Purpose 27 20.2 General Terms and Conditions 27 20.3 Testing Procedures for Prescription or "Over the Counter" Medication 28 ARTICLE 21 -LAYOFFS 21.1 Layoffs 29 21.2 Call-Back 29 ARTICLE 22 - MISCELLANEOU 22.1 Safe Equipment 30 22.2 Contract Copies 30 22.3 Mail 3 0 22.4 Reimbursement for Expenses and Travel 31 iv ... ARTICLE 23 -RATES OF PAY/WAGES 23.1 .Wage Structure 23.2 Appointment and Advanced Step Hiring 23.3 Step Advancement 23.4 Application of Pay Rates 23.5 Longevity Pay ARTICLE 24 -HOURS OF WORK AND OVERTIME 31 32 32 32 32 24.1 Workweek 33 24.2 Overtime 3 3 24.3 Call-In Pay/Show-Up Pay 33 24.4 Compensatory Time 34 24.5 Payment for Accrued Compensatory Time Upon Separation 34 24.6 Use of Compensatory Time 34 ARTICLE 25 -RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS . 25.1 Return to Duty 34 25.2 Return from Military Service 35 25.3 Reinstatement from Authorized Leave 35 ARTICLE 26 -VACATION LEAVE 26.1 Vacation Year 3 5 26.2 .Conditions for Accrual 35 26.3 Vacation Accrual Schedule 36 26.4 Vacation Carry-Over 36 26.5 Vacation Scheduling 36 26.6 Rates ofPay for Vacation Hours 36 26.7 Payment for Accrued Vacation Leave Upon Resignation/ Separation and Death 36 ARTICLE 27 -HOLIDAYS 27.1 Paid Holidays 37 27.2 Dates/Days Observed 37 27.3 Holiday Pay 37 v .~.. t ARTICLE 28 -PERSONAL LEAVE 28.1 Allocation and Usage of Leave 3 8 28.2 Payment for Unused Personal Leave upon Resignation/ Separation or Death 38 ~~ ARTICLE 29 -INSURANCE 29.1 Medical, Dental, & Vision Benefits 39 ""` 29.2 Liability Insurance 39 29.3 Change in Carvers 39 29.4 Life Insurance 39 ARTICLE 30 -SICK LEA 30.1 Sick Leave Accrual 39 30.2 Use of Sick Leave 39 30.3 Payment for Unused Sick Leave 41 30.4 Sick Leave Transfer from Prior Public Employer 41 ARTICLE 31 -INJURY LEAVE 31.1 Injury Leave with Pay 42 ARTICLE 32 -SPECIAL LEAVES maw 32.1 Leave Without Pay 42 32.2 Leave With Pay 43 ARTICLE 33 -TRAINING AND TUITION REIMBURSEMENT 33.1 Training 45 33.2 Tuition Reimbursement 46 ARTICLE 34 -TRAINING ASSIGNMENTS 34.1 Compensation 47 vi ARTICLE 35 -EMPLOYEE INCENTIVE PROGRAMS 35.1 Employee Incentive Programs 47 35.2 Employee Discounts 47 ARTICLE 36 -DURATION ~,.... 36.1 Duration 36.2 Signatures 48 48 Vll ARTICLE 1 CONTRACT Section 1.1 n r ~ This Contract is made and entered into at Dublin, Ohio by and between the City of Dublin, as Employer, also referred to as "Employer" or "Division", and the Fraternal Order of Police, Ohio Labor Council, Inc., hereinafter referred to as the "F.O.P./O.L.C.". Section 1.2 Purpose• This Contract is made for the purpose of setting forth the understandings and agreements between the parties governing the wages, hours, terms and conditions of ' employment for those employees included in the bargaining unit identified herein. Section 1.3 References. Should any part of this Contract be held invalid by operation of law or by final order issued by any tribunal of competent jurisdiction, or should compliance with or enforcement of any part of this Contract be restrained by any such tribunal pending a final determination as to its validity, such invalidation or temporary restraint shall not invalidate or affect the remaining portions hereof or the application of such portions to persons or circumstances other than those to whom or to which invalidation of any portion of this Contract by final order issued by a tribunal of competent jurisdiction or by operation of law, and upon written request by either party, the parties to this Contract shall meet within thirty (30) days of receipt of the written request, in an attempt to modify the invalidated provisions by good faith negotiations. The Employer, the F.O.P./O.L.C. and employees agree that none of their representatives shall make or ask an employee to make any written or verbal agreement which would conflict with this Contract. Unless otherwise specified in this Contract, no changes in this Contract shall be negotiated during ~~ its duration unless there is written accord to do so by and between the parties. Any negotiated changes, to be effective and incorporated in this Contract, must be in writing and signed by the parties. Section 1.4 Annlicability. This Contract, when executed, shall supersede and replace all applicable state and local laws which it has authority to supersede and replace. Where this Contract is silent, the provisions of applicable law shall prevail. ARTICLE 2 RECOGNITION Section 2.1 Recognition. The Employer recognizes the F.O.P./ O.L.C. as the sole and exclusive representative for all employees included in the bargaining unit described herein in any and all matters relating to wages, hours, terms and conditions of employment, and the continuation, modification, or deletion of an existing provision of this Contract and for the administration of this Contract. Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit consisting of: .~-~. All full-time Police Clerical Specialists I's and II's employed by the City of Dublin (also referred to as "Employer"). References throughout this Contract to bargaining unit members shall mean employees within the bargaining unit. ARTICLE 3 UNION SECURITY Section 3.1 Dues Deduction. The Employer agrees to deduct Union membership dues, initiation fees, and assessments in accordance with this Article for any employees eligible for the bargaining unit. The Employer agrees to deduct regular Union membership dues, initiation fees, or assessments once each month from the pay of any employee in the bargaining unit eligible for such deduction upon receiving written authorization signed individually and voluntarily by the employee. The signed payroll deduction form must be presented to the Employer by the employee. Upon receipt of the proper authorization, the Employer will deduct Union dues from the payroll check for the next pay period in which dues are normally deducted following the pay period in which the authorization was received by the Employer. The authorization card maybe submitted at any time after the effective date of this Contract and shall continue in effect until the annual anniversary date of this Contract. An employee may cancel Union membership at any time; however, the revocation of the dues deduction authorization may only be canceled between the 40th and 30th calendar days prior to each annual anniversary date of this Contract. Dues deduction authorizations not revoked during this ten (10) day period shall continue in effect for the successive contract year. Written notice of the dues deduction revocation shall be served upon the Employer and the Union by the employee to make the revocation effective. This provision shall not be construed as requiring an employee to become or remain a member of the Union as a condition of securing or retaining employment. For the duration of this Contract, the Employer agrees to remit the dues deducted from eligible bargaining unit employee's pay, in accordance with this Article, once each month to the F.O.P./ O.L.C, Inc., 222 East Town Street, Columbus, OH 43215-4611. 2 The parties agree that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article regarding the deduction of Union dues, initiation frees or assessments. The Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any employee arising from deductions made by the Employer pursuant to this Article. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union. ~° The Employer shall be relieved from making such individual "check-oiF' union dues deductions upon an employee's: (1) termination of employment; (2) transfer to a job other than one covered by the bargaining unit; (3) layofffrom work; (4) an unpaid leave of absence; (5) written "``~' revocation of the "check-ofF' union dues authorization or resignation by the employee from the Union in accordance with the provisions herein; or (6) any other separation from the City's payroll. The Employer shall not be obligated to make dues deductions from any employee who, during any dues months involved, shall have failed to receive sufficient wages to make all legally required deductions in addition to the deduction of Union dues. The parties agree that neither the employees nor the Union shall have a claim against the Employer for errors in the processing of deductions, unless a claim of error is made to the Employer in writing within thirty (30) days after the date such an error is claimed to have occurred, or was known to have occurred. If it is found an error was made, it will be corrected by deducting the proper amount for the pay period that the Union dues would normally have been deducted. A claim will only be allowed for the actual amount of dues that should have been deducted. Section 3.2 Bulletin Boards. The F.O.P./O.L.C. may use the existing bulletin board which has already been provided to the F.O.P./O.L.C. at Division Headquarters. F.O.P./O.L.C. bulletins and F.O.P./O.L.C. material will be permitted to be posted in this bulletin board space. Non- bargaining unit members shall not be permitted to remove, add to or alter material posted on this „~,,,, designated space unless said material contains obscene, racially or sexually offensive information. Section 3.3 Meeting Locations. The F.O.P./O.L.C. shall be permitted, upon prior notification to the Chief of Police, to hold meetings, for the F.O.P./O.L.C. members in the bargaining unit for all bargaining unit employees, at police headquarters or other City building, room or facility. The notification required under this Section shall be in writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the meeting, and shall state the date, time, and requested location of the meeting. The Employer agrees to hold the requested location open for use by the F.O.P./O.L.C. on the date and at the time specified in the F.O.P./O.L.C.'s notification to the Chief. However, if it is not practicable for the Employer to provide the requested location to the F.O.P./O.L.C., the Employer will so notify the F.O.P./O.L.C. and make every effort to provide for an alternate 3 ..~ meeting location in another City building, room or facility. No employee shall attend the above- referenced meetings while on duty without receiving prior approval from the Chief of Police or his designee. Such approval shall not be unreasonably withheld. No bargaining unit employee or member of the F.O.P./O.L.C. shall be obligated or asked to divulge to the Employer information discussed at said meetings. ~~- Section 3.4 Ballot Boxes. The F.O.P./O.L.C. shall be permitted, upon prior notification to the Chief of Police, to place a ballot box at Division headquarters for the purpose of collecting member's ballots on all F.O.P./O.L.C. issues subject to ballot. Such box shall be the property of '~'~ the F.O.P./O.L.C. and neither the ballot box nor its contents shall be subject to the Division's review. Section 3.5 Use of Intra-Divisional Mail. The F.O.P./O.L.C. shall be permitted to utilize the intra-divisional mail system for the purpose of providing information pertaining to F.O.P./O.L.C. business or bargaining unit representation, to bargaining unit employees. The F.O.P./O.L.C. agrees that the use of the mail system will be reasonable and limited to providing information that is necessary for the normal conduct of F.O.P./O.L.C. business or bargaining unit representation. All mail placed into the mail system by the F.O.P./O.L.C. shall be the property of the bargaining unit employees to whom it is addressed, shall be clearly labeled as F.O.P./O.L.C. mail, and such mail shall not be subject to the Employer's review. Section 3.6 F.O.P./O.L.C. Business. Representatives of the F.O.P./O.L.C. shall be permitted to transact official F.O.P./O.L.C. business at Divisional work sites at all reasonable times, provided that this shall not interfere with or interrupt normal Division operations. When possible, a F.O.P./O.L.C. representative will give advance notice and obtain approval from the Chief or his designee if the F.O.P./O.L.C. intends to use the Employer's equipment or property for F.O.P./O.L.C. business or other non-work related activities. In the Chiefs or designee's absence, notice shall be given to and approval obtained from the shift supervisor at the time. Permission of the Chief or his designee to use the equipment or property will not be withheld without a valid reason. ARTICLE 4 NO STRIKE/LOCKOUT Section 4.1 Employer Pledge. The Employer agrees not to cause, permit, or engage in any lockout of its employees during the term of this Agreement. Section 4.2 Union Pledge. The Union agrees that neither it, its agents, representatives, nor any of its members or any employees covered by this Agreement, individually or collectively during the term of this Agreement, shall for any reason, cause, permit, or engage in picketing, a sit down, 4 a strike, a boycott, a stand in, a slow down, a work stoppage, curtailment or restriction of production or interference or interruption of work or other interference with the Employer's business, including but not limited to a general strike, a sympathy strike, a slow down or other interference or interruption of work or the Employer's business or operation. Section 4.3 Annlicability of Grievance Procedure. The Employer and Union agree that the Grievance Procedure of this Agreement is adequate to provide a fair and final determination of all grievances arising under the terms of this Agreement. It is the desire of the Union and the Employer to avoid strikes and work stoppages of any and all other conduct set forth above in Section 4.2 of this Article. Section 4.4 Em foyer's Right to Discipline. In the event that any employee or group of employees engages in any of the conduct described in Section 4.2 during the term of this Agreement, the Employer has the exclusive right to discipline, up to and including discharge, any employee who engages or participates in such activities. Section 4.5 Union Responsibility. The Union and its officers, agents and members shall not authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described above in Section 4.2 of this Article and, should any such activities occur, the Union, by its officers, agents and members shall be obligated to take affirmative steps to terminate such activities including but not limited to promptly ordering its members to resume their normal work duties, notwithstanding the existences of any picket line. ARTICLE 5 NONDISCRIMINATION Section 5.1 Joint Pledge. The provisions of this Contract shall be applied equally to all ., employees without regard to age, sex, race, color, religion, political affiliation, disability or national origin. Section 5.2 Em foyer Pledge. The Employer agrees to not interfere with the right of the employees to become members of the F.O.P./O.L.C. There shall be no disparate treatment, interference, restraint or coercion by the Employer or any representative of the Employer against any employee because of F.O.P./O.L.C. membership or because of any lawful employee activity in an official capacity on behalf of the F.O.P./O.L.C. Section 5.3 F.O.P./O.L.C. Pledge. The F.O.P./O.L.C., within the terms of its constitution and bylaws, to the extent said terms are legal and in compliance with state and federal law, agrees to not interfere with the desires of any employee of the bargaining unit to become and remain a member of the F.O.P./O.L.C. The F.O.P./O.L.C. agrees to fairly represent all employees of the bargaining unit subject to the provisions and procedures set forth in Sections 4117.11(B) and 4117.12 of the Revised Code. 5 Section 5.4 Gender Reference. All reference to employees in the Contract designate both sexes, and whenever the male gender is used, it shall be construed to include male and female employees. ARTICLE 6 MANAGEMENT RIGHTS Section 6.1 Management Rights. Except as specifically limited herein, the Employer shall have ~`"~ the exclusive right to manage the operations, control the premises, direct the working forces, and maintain efficiency of operation of employees. Specifically, the Employer's exclusive management rights include, but are not limited to, the sole right to hire, discipline and discharge for just cause, layoff, and promote; to promulgate and enforce reasonable employment rules and regulations; to reorganize, discontinue, or enlarge the Division of Police; to transfer employees (including the assignment and allocation of work) within the Police Division; to introduce new and/or improved equipment, methods and/or facilities, to determine work methods; to determine the size and duties of the work force, the number of shifts required, and work schedules; to establish, modify, consolidate, or abolish jobs (or ranks); and to determine staffing patterns, including but not limited to assignment of employees, numbers employed, duties to be performed, qualifications required, and areas worked. The exercise of the above listed management rights is subject only to the restrictions and regulations governing the exercise of these rights as are expressly provided herein and/or as permitted or provided by applicable law. An employee or his representative may raise a legitimate complaint or file a grievance based upon the provisions of this Article. ARTICLE 7 LABOR/MANAGEMENT MEETINGS Section 7.1 Meetings. In the interest of sound labor/management relations; upon request of either party, at a mutually agreeable date and time, not more than three (3) representatives of the Employer shall meet with not more than three (3) representatives of the employees to discuss pending issues and/or problems and to promote a more harmonious labor/management relationship. An agenda will be exchanged by the parties at least five (5) working days in advance of the scheduled meeting with a list of matters to be taken up in the meeting and the names of those representatives from each side who will be attending. All matters on the agenda requested by the parties to be discussed, will be discussed. The purpose of such meeting shall be to: 6 A. Discuss the administration of this Contract; B. Discuss grievances which have been processed beyond the final Step of the Grievance Procedure, when such discussions are mutually agreed to by the parties; C. Disseminate general information of interest to the parties; D. Consider and discuss health and safety matters relating to employees; and E. Discuss any other items the parties mutually agree to discuss. ARTICLE 8 BARGAINING UNIT BUSINESS Section 8.1 Employee Designee. The bargaining unit is authorized to select one (1) employee designee and one (1) alternate to conduct bargaining unit business. The employee designee, upon giving reasonable notice, and upon authorization from the Administrative Services Sergeant, or in his absence the Support Services Lieutenant, shall be allowed reasonable time off during regular working hours to investigate a grievance, consult with the Employer in addressing labor/ management issues or in processing a grievance, or to assist in the settlement of a dispute. Permission to perform these functions shall not be unreasonably denied. Section 8.2 Negotiating Committee. On days where actual negotiations between said parties is scheduled, one (1) duly elected representatives will work their scheduled days, without creating any overtime obligation to the City, provided such does not take any shift below minimum staffing levels as determined by the Division of Police. The F.O.P./O.L.C. will notify the Employer of the names and normal work schedules of representatives whose schedules need to be changed prior to the first negotiation meeting. No members of the F.O.P./O.L.C. negotiation committee will be allowed to attend work sessions of the negotiation committee while on duty. No overtime obligation shall be incurred by the City as a result of any bargaining unit member attending work sessions or any other sessions related to negotiations. Time spent by a bargaining unit member attending work sessions, negotiations, or any F.O.P./O.L.C. related business outside their scheduled shift, shall not constitute hours worked. ARTICLE 9 GRIEVANCE PROCEDURE Section 9.1 Definition. A "grievance" is an allegation by one or more employees that there has been a breach, misinterpretation, or improper application of this Contract. It is not intended that 7 v _ ..ms ~_ _ . _. ~.., . _ _ ._ the Grievance Procedure be used to effect changes in this Contract, nor in those matters not covered by this Contract. Section 9.2 Jurisdiction. If exclusive administrative relief of a judicial or quasi judicial nature is provided for by the statutes of the State of Ohio, or of the United States, for review or redress of specific matters (such as civil rights, etc.) such matters may not be subject to this Grievance Procedure, or be processed hereunder. However, the Grievance Procedure, as set forth in this Article, may be utilized by an employee in lieu of appealing a matter to the Dublin Personnel Board of Review. However, once an employee elects to pursue an appeal to the Dublin Personnel Board of Review and said Board takes jurisdiction over the appeal, the employee is thereafter precluded from seeking a remedy under this Procedure. Section 9.3 Qualifications. All grievances must be presented at the proper step and time in progression in order to be considered at subsequent steps. The proper step to initiate the grievance is Step 1, Section 9.5, unless the occurrence that gave rise to the grievance originates at another step. The grievant may either initiate his grievance at Step 1 or at that step at which the occurrence which gives rise to the grievance originates. A grievance shall be considered withdrawn at any point where an employee submits a written statement to that effect, or where time requirements at any step have lapsed, without further appeal by the employee. Any grievance not answered by the employer within the stipulated time limits, maybe advanced by the employee to the next Step in the Grievance Procedure. All time limits on grievances set forth herein, maybe extended only by mutual written consent of the parties. A grievance maybe brought by an aggrieved employee covered by this Contract. Where more than one (1) employee desires to file a grievance involving an incident affecting several employees in the same or similar manner, one (1) employee shall be selected by the bargaining unit to process the grievance. Each aggrieved employee who desires to be included in the grievance shall sign the grievance. Section 9.4 Grievance Form. The aggrieved employee shall use a written grievance form which shall provide the following information: A. Grievant's name and signature; B. Date, time and location of grievance; C. Description of incident giving rise to the grievance; D. Article or Section of the Contract allegedly ~riolated; E. Date grievance was first discussed; 8 F. Name of supervisor with whom grievance was first discussed; G. Date grievance was filed in writing; and H. Desired remedy to resolve the grievance. The bargaining unit shall be responsible for it's accounting, duplication and distribution of grievance forms. Said forms may also be used for official business of the Police Division. Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the bargaining unit to provide for prompt adjustment of grievances, with a minimum amount of interruption of the work schedules. Every responsible effort shall be made by the Employer to the bargaining unit to effect the resolution of grievances at the earliest possible step. In furtherance of this objective, the following procedure shall be followed: A. Sten 1-Informal. The member shall orally present the grievance to the member's immediate supervisor within ten (10) working days from the time the member becomes aware of the occurrence which gave rise to the grievance. The immediate supervisor shall investigate and provide an appropriate answer within seven (7) working days following an informal meeting at this Step. B. Sten 2 -Chief of Police. If the grievance is not resolved in Step 1, and the employee wishes to proceed to Step 2, the employee shall reduce the grievance to writing and shall, within seven (7) working days of the answer at Step 1, present the written grievance to the Chief of Police or his designee. The Chief of Police or his designee shall investigate and respond in writing to the employee within seven (7) working days following the presentation of the grievance to Step 2. C. Step 3 -City Manager. If the grievance is not resolved in Step 2, and the employee wishes to proceed to Step 3, the employee shall present the written grievance to the City Manager or his designee within seven (7) working days from receipt of the Step 2 answer. The City Manager or his designee shall investigate the matter and shall meet with the Employee and his desired representative within ten (10) working days of the receipt of the grievance. A response shall be given to the grievance within seven (7) working days following the meeting at Step 3. If a grievance is not satisfactorily resolved at Step 3, it maybe submitted to arbitration upon request of the F.O.P./O.L.C. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or his designee within fourteen (14) calendar days following the date of the response outlined in Step 3, the grievance shall be considered resolved. D. Sten 4 -Arbitration. After receipt of a request to arbitrate from the F.O.P./O.L.C., a 9 ..R designee of the City Manager and the F.O.P./O.L.C. shall attempt to agree on an arbitrator. The arbitrator shall be selected by the parties making a joint request to the Federal Mediation Conciliation Service for a panel list of nine (9) arbitrators. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either party may reject the list and submit a -°~ request for another list from the arbitration tribunal. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Contract. He may not alter, amend, modify, add to or subtract from the provisions of the Contract. The question of arbitrability of a grievance, maybe raised by either party before the arbitration hearing on the grievance, on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the contract period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Contract. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the F.O.P./O.L.C. and the Employer shall share equally in the cost of the arbitration proceedings. The arbitrator shall render in writing his findings and award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or his designee, and to the F.O.P./O.L.C. President, or his designee. Section 9.6 Right to Reuresentation. A grievant has a right to representation in all Steps of the Grievance Procedure and shall have an opportunity to fairly present his case by presentation of witnesses and/or other pertinent information. The grievant and appropriate witnesses shall be entitled to be present at any Step in the Grievance Procedure and shall not lose pay as a result of such attendance, if a meeting is scheduled during working hours. Grievance meetings shall be scheduled at mutually agreeable times. Section 9.7 Working Days. For purposes of the Grievance Procedure, working days means the working days of the party who is responsible for initiating an action or responding to a grievance at the appropriate Grievance Step. 10 Section 9.8 Extension of Time Limits. It is the Employer's and the F.O.P./O.L.C.'s intention that all time limits in the above grievance procedure shall be met. However, to the end of encouraging thoughtful responses at each Step, the F.O.P./O.L.C.'s and the Employer's designated representative may mutually agree, at any Step, to short-term time extensions. But any such agreement must be in writing and signed by the parties. In the absence of such mutual extensions, if no response is forthcoming within the specific time limits, the grievance will be moved to the next Step in the Procedure. However, if no response is forthcoming and the member desires to receive a response, the member can request that the particular official at the applicable Step respond in writing. The member will hand deliver a memorandum to both the Chief or his designee and the Director of Human Resources or his designee requesting such a response. The applicable official will then respond within seven (7) days from the receipt of the memorandum. If a response is not forthcoming within the seven (7) day period the grievance is presumed granted by the City in full and the City shall implement the requested remedy, except if the requested remedy would constitute a violation of law. ARTICLE 10 INVESTIGATIVE PROCEDURES Section 10.1 Scone. The investigative procedures set forth in this Article shall be followed whenever an employee is suspected of or charged with an act which could result in disciplinary action or criminal charges being filed against the employee aside from the informal procedure for non-serious complaints or alleged non-serious offenses. Section 10.2 Informal Process for Non-Serious Com0laints or Offenses. In recognition of the fact that many types of complaints are of a very minor or non-serious nature which can be resolved at an initial, informal stage, the following procedure can be adhered to where an informal resolution is likely to occur. After receipt of a complaint is received or phoned in and is memorialized in writing by the employee taking the complaint, an informal process may be initiated for resolution of minor infractions or non-serious allegations. The investigating supervisor, whether the Administrative Services Sergeant, the Support Services Lieutenant, or the Chief of Police may approach the employee and attempt to gather the facts about the allegation from the employee. At that time, the investigating supervisor shall notify the accused employee of the nature of the complaint. If the complaint cannot be resolved at this informal level or the charged employee elects not to make any statement, the official investigative procedure will be put into place as identified in the remaining sections of this Article. If other, more serious allegations other than those initially charged are raised during the informal investigation, the matter will be immediately transferred to the formal process and subject to progressive discipline. Cases processed and resolved at the informal level may result in no more than a letter of reprimand, where a review of the action may be sought by the employee. If the matter is not resolved at the informal level, it shall be set for a 11 .. meeting and subject to the principles of progressive discipline. If the matter is not informally resolved, a meeting shall be set within seventy-two (72) hours at the direction of the Chief of Police or his designee and with the presence of the accused employee and his representative, if so desired. The purpose of this meeting is to formally provide the accused employee with the complaint in writing. At that time, the Administrative Services Sergeant, the Support Services Lieutenant, or the Chief of Police will again be permitted to gather information pertinent to the complaint from the accused employee with the presence of his representative. Section 10.3 Notification. An employee shall be informed of the nature of the investigation `""° (whether disciplinary or criminal) and shall be provided written notice of the specific factual allegations made against him (except at the informal level), including a copy of the written complaint made against him, prior to any questioning. If either felony or misdemeanor charges are contemplated, the employee shall be informed of his constitutional rights in advance of any questions. Section 10.4 Right to Re.~resentation. All questioning sessions shall be scheduled so that the employee has an opportunity to obtain representation from the F.O.P./O.L.C. The Union representative or attorney shall be permitted to be present at any questioning and shall be afforded a reasonable opportunity to consult with the employee during questioning. Section 10.5 conduct of Questioning,. As used in this Article, questioning refers to any investigation, internal affairs review, or interrogation whether or not the employee is to be questioned. The following rights are accorded to the employee subject to questioning: A. Any questioning of an employee will be conducted at hours reasonably related to his shift, preferable during his working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for a member's attendance to physical necessities. B. Before an employee maybe charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, he shall be advised that such conduct, if continued, maybe made the basis for such a charge; except that an employee who refused to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted on an exercise of his constitutional rights in a criminal matter. C. Such questioning shall be recorded by the Employer at the request of either party. Tapes will be made by the Employer and may also be made by the employee and/or his F.O.P/ O.L.C. representative or attorney. The employee and his F.O.P./O.L.C. representative or his F.O.P./O.L.C. attorney will be afforded the opportunity, upon written request directly to the Chief or his designee, to listen to make personal notes regarding a tape made of his interview by the Division. 12 -~ D. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the member maybe charged with insubordination shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee that potential corrective action could result if the employee continues to refuse to answer questions or participate in an investigation shall not be considered as such threats, coercion or promises, subject to provisions of subparagraph (D) of this Section. E. In the course of questioning, an employee may, at the discretion of the City, be given a polygraph examination. The admissibility of the results of this examination in any '~~"'" subsequent criminal proceeding shall be determined by the court of jurisdiction. The polygraph examiner shall be chosen at the discretion of the Employer. Section 10.6 Access to Tanes and Documents. The employee who is subject to questioning, and his F.O.P./O.L.C. representative or attorney where one is involved, will be provided access to transcripts, records, written statements, and tapes pertinent to the case, including transcripts of questioning asked and response to polygraph examinations, at least two (2) days after requested and/or reasonably in advance of any Pre-Disciplinary Conference. Section 10.7 Citizen Complaints. In order for a citizen complaint to be considered as possible grounds for disciplinary action, it must be reduced to writing and signed by the citizen. Also, when any citizen complaint in filed more that thirty (30) calendar days after the date on which the alleged event occurred, and where the complaint, if true, could not lead to criminal charges, such complaint shall be classified as unfounded. The accused employee shall not be required to submit to a written report or submit to questioning; but, he shall be notified orally or in writing of such complaint. Section 10.8 Initial Investigation. All complaints, internal investigations and Divisional charges '"' `` should initially be under the province of the Administrative Services Sergeant. If the Administrative Services Sergeant is not on-duty, the Support Services Lieutenant or other position as designated by the Chief of Police will be responsible for noting the incident and forwarding it to the Administrative Services Sergeant or the other position as designated by the Chief of Police no later than forty-eight (48) hours after the incident. When the incident is forwarded, the Administrative Services Sergeant will investigate and make recommendations to the Chief. If the Administrative Services Sergeant is not available within forty-eight (48) hours of the alleged incident or on the Monday following the alleged incident if it occurs on the weekend, the Support Services Lieutenant or other position as designated by the Chief of Police, will investigate and make recommendations to the Chief. If the claim is made that any provisions of this Article are violated by the Employer, such violations shall be subject to the Grievance Procedure beginning at Step 3. 13 ARTICLE 11 DISCIPLINE Section 11.1 Discipline for Cause. No bargaining unit employee shall be reprimanded, suspended, reduced in pay, or removed, except for grounds stated in this Contract. The Employer may take disciplinary action against any employee only for just cause. The Employer may take this type of action while the employee is on duty; working under color of employment for the Employer; or off-duty representing himself as an employee of the Division or while engaged in conduct that might affect his ability to perform his duties as an employee. The employee may not be disciplined for actions on his own personal time that do not reflect directly on the Division, or do not violate any State or Federal statutory provisions, or off-duty employment Divisional Standards of Conduct, Rules and Regulations. Incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of duty, absence without leave, or any conduct unbecoming an employee, or any other acts of misfeasance, malfeasance or nonfeasance, or violations of any Dublin Division of Police General Orders shall be cause for disciplinary action. Section 11.2 Progressive Disci In ine. Except in instances where an employee engages in serious misconduct, the facts and circumstances of which could justify suspension or discharge, discipline will be applied in a progressive manner. Progressive discipline shall take into account the nature of the violation, an employee's record of discipline, and the employee's record of conduct. Ordinarily, a progressive disciplinary action will involve an oral reprimand before a written reprimand, a written reprimand before a suspension, and a suspension before reduction in pay or removal for a repeated, similar, or related offense. The commission of a repeated or related offense for which an oral reprimand has been given, permits, but does not require, the Employer to issue a written reprimand. Should a written reprimand be issued, the Employer is permitted, but not required, to issue a suspension for the commission of a related offense of the same, similar, or related nature. Should a suspension be issued, the Employer is permitted, but not required, to reduce in pay or remove the employee for the commission of a repeated offense of the same, similar, or related nature. In all instances of discipline, the Employer shall only impose a disciplinary penalty commensurate with the offense, which, where practicable, may assist the employee in correcting whatever action or behavior is deemed inappropriate. Nothing herein precludes the Employer from utilizing positive steps, including counseling, to correct an employee's inappropriate action or behavior. When disciplinary action is first proposed, the employee and his representative will be allowed an opportunity, if desired to meet with the appropriate supervisor to discuss the proposal. Section 11.3 Disci Ip inary Action. The prerogative to issue oral reprimands and written reprimands rests solely within the Divisional hierarchy of. authority. Where there is reason to 14 believe that an employee is guilty of an offense which might lead to suspension without pay, reduction in pay or rank, or removal, the Chief has the responsibility to prefer charges and the proposed penalty against the employee, which charges shall be heard in aPre-Disciplinary Conference, as established in Section 11.4. In prefemng charges, the Chief shall provide the employee with all evidence supporting the charges. Section 11.4 Pre-Disci lp inary Conference. When charges are preferred by the Chief, aPre- Disciplinary Conference shall be scheduled to give the employee an opportunity to offer an explanation of the alleged offense/misconduct. Pre-Disciplinary Conferences will be conducted by ~, , the City Manager, or his designee. Not less than three (3) working days prior to the scheduled Pre-Disciplinary Conference, the Chief will provide the employee with written notice of the preferred charges. The employee may choose to: A) appear at the Conference to present an oral or written statement in his defense; B) appear at the Conference and have a chosen representative present an oral or written statement in defense of the employee; or C) elect to waive (in writing) the opportunity to have aPre-Disciplinary Conference. At the Pre-Disciplinary Conference, the City Manager, or his designee, will ask the employee or employee's representative to respond to the preferred charges. At the Pre-Disciplinary Conference, the employee or his representative shall be permitted to offer testimony and evidence in his defense, call witnesses material to his defense, and confront his accusers. The employee or his representative shall provide a list of witnesses to the City Manager or his designee as far in advance as possible, but no later than one (1) working day prior to the Pre-Disciplinary Conference. It is the employee's responsibility to notify his witnesses that he desires their attendance at the Pre-Disciplinary Conference. A written report will be prepared by the City Manager, or his designee, summarizing the findings of fact and disciplinary penalty to be imposed, if any. A copy of this written report will be ~~" ' provided to the employee or his representative within ten (10) working days following the Conference. Pre-Disciplinary Conferences shall be tape-recorded. A copy of the recording shall be furnished to the employee, at the employee's request, within forty-eight (48) hours of the close of the Conference. The employee may also record the Conference. Any imposition of discipline shall be accomplished in such a manner that will not embarrass the employee before other employees or the public. Section 11.5 Copy of Discipline Record. Whenever a disciplinary action is taken which results in a disciplinary action of record, (Section 11.2) ,the employee shall be given a copy of such record. 15 Section 11.6 Anaeal• The F.O.P./O.L.C. may elect to appeal the disposition made by the City Manager or his designee directly to arbitration as provided in Section 9.5 D. of this Contract, or, where applicable, to the Dublin Personnel Board of Review. In the event the F.O.P./O.L.C. wishes to appeal such decision to arbitration, written notice of the intent to file such an appeal under the Arbitration procedure must be received by the City Manager or his designee within fourteen (14) calendar days of the City Manager's, or his designee's, written determination. In the event an appeal is taken to arbitration, review by the Dublin Personnel Board of Review is precluded. ARTICLE 12 PERSONNEL RECORDS Section 12.1 Personnel File. One, and only one, official personnel file shall be maintained for each employee and shall be in the custody of the Division of Human Resources. The personnel file shall contain all the official records of the City regarding an individual employee with the exception of medical records which shall be maintained in a separate file pursuant to applicable Federal and State Law and which shall be considered confidential. Where past disciplinary actions or allegations of misconduct are relevant to considerations of future disciplinary action or promotion, only those disciplinary actions of record contained in the personnel file shall be considered. An employee may review his personnel file at reasonable times in the presence of the Human Resource Director, or his designee, upon written request to the Human Resource Director. During the term of this Contract, each employee may obtain one copy of his entire personnel file at no cost. This copy shall be provided upon request from the employee and within a reasonable period of time. All other copies of documents shall be made available to the employee at a reasonable charge; all said copies shall be marked "Employee's Copy". Anytime a ,~,. ,% document is placed in the employee's personnel file, the employee shall be forwarded a copy of such document, with the exception of selection records and materials created prior to the employee's date of appointment (e.g. background investigations, polygraph examination, reference checks, criminal record checks, interview appraisal forms, etc.); such selection records/materials ~'' ' shall be made available for inspection of the employee upon request to the Human Resource Director. The confidentiality of matters contained in the personnel files shall be the responsibility of the Human Resource Director who shall release only such information permitted by law and then only to those persons with a legitimate right to the information, subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or other applicable Federal or State Law. In the event a legitimate request is made to inspect or obtain copies of records from an employee's personnel file, the City will make a reasonable attempt to notify the employee that such a request has been made. Section 12.2 Retention of Records. All actions of record, including appointment, evaluations, promotions, reprimands, dismissals, suspensions, will be maintained in each employee's personnel file throughout his period of employment. Record of documented oral reprimands will not be 16 considered for purposes of future disciplinary action more than six (6) months after issuance provided that no repeated offense(s) of a same or similar nature have occurred within said six (6) month period following issuance. Record of written reprimands will not be considered for purposes of future disciplinary action more than twelve (12) months after issuance provided that no repeat offense(s) of a same or similar nature have occurred within said twelve (12) month period following issuance. Suspensions of less than thirty (30) days will not be considered for purposes of future disciplinary action more than three (3) years after issuance provided that no repeated offense(s) of a same or similar nature have occurred within said three (3) year period following issuance. In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate time frame(s), the initial disciplinary action shall be considered for the duration of the time period for which the most recent documented disciplinary action will remain in effect for purposes of future disciplinary action. Section 12.3 Inaccurate Documents. If, upon examining his personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, he may write a memorandum to the Human Resource Director explaining the alleged inaccuracy. If the Human Resource Director concurs with the employee's contentions, he shall either correct or remove the faulty document or attach the employee's memorandum to the document and note thereon his concurrence with the memorandum. He may also attach the memorandum to the document and note his disagreement with memorandum's contents. ARTICLE 13 WORK RULES Section 13.1 Work Rules. The Employer agrees that, to the extent possible, work rules shall be reduced to writing and provided to all employees in advance of their enforcement. Any charge by "~ ~ an employee that a work rule or DepartmentaVDivisional directive is in violation of this Contract, or has not been applied or interpreted uniformly to all employees, shall be a proper subject for a grievance. ARTICLE 14 POLITICAL ACTIVITY Section 14.1 Political Activity. In addition to other rights, as permissible bylaw: A. An employee is permitted outside the City of Dublin to actively participate in partisan 17 political activity, provided that an employee undertakes such activity while off-duty, not in identifiable uniform, and does not represent that such activity is either undertaken in his official capacity as an employee or the Employer or is sanctioned by the Employer. B. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen to express his/her personal opinions and to cast his/her vote. However, an employee shall not: 1. orally or in writing solicit or in any manner be concerned with soliciting any ~,.~ assessment, subscription or contribution of any type for any political party or political purpose whatsoever from any person holding a position in the service of the Employer; 2. make any contribution to the campaign funds of any candidate for a City of Dublin elective office for the actual or apparent purpose of influencing said persons or receiving favors of any nature from said persons; and, 3. become actively involved in the elective process or campaigns for any City of Dublin elective office. ARTICLE 15 SENIORITY Section 15.1 ni ri For purposes of this Contract, "Seniority" shall be defined as total continuous service as a full-time employee within the Division of Police. Seniority shall begin to e., , accumulate on the date an individual becomes employed as a full-time employee. Continuous service shall reflect the uninterrupted service of an employee as calculated by years/days of service. Continuous service shall be interrupted only when a "break in service" occurs. A "break in service" shall occur in the following instances: ;.,* A. Removal/Dismissal B. Failure to return from an authorized leave of absence C. Resignation/Separation Seniority shall begin to accumulate on the date an individual becomes employed as a full-time employee; however, should more than one (1) individual be hired on the same day, seniority preference will be determined by the individual's relative ranking in the selection process. An individual with a higher ranking shall always receive seniority preference over an individual with a lower ranking. Methods for determining seniority prior to the effective date of this contract shall not be affected. 18 A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of removal or layoff. An employee who has a "break in service" and who is subsequently rehired or reinstated, shall not receive continuous service credit for the time spent during the "break in service"; however, the employee shall receive continuous service credit except for the period in time in which the "break in service" occurred. Section 15.2 Anolication of Seniority. When vacation leaves are to be scheduled on an annual basis, and where in these instances there are two (2) or more employees requesting vacation leave for the same period of time, the employee with the greater seniority shall be granted the request, if the request is granted at all. ARTICLE 16 EMPLOYEE ASSISTANCE PROGRAM Section 16.1 EmRloyee Assistance. The City of Dublin and members of the bargaining unit recognize that a wide range of personal difficulties/problems in the lives of employees may affect work performance and that most personal difficulties/problems can be successfully resolved provided they are identified and referred to an appropriate source of assistance. The City and members of the bargaining unit therefore agree that it would be in the best inter-est of the City, its employees, and employees' immediate family members that a formal Employee Assistance Program (EAP) be provided by the City to assist employees and said family members in dealing with a wide range of personal difficulties/problems. The City and members of the bargaining unit recognize that this range of personal difficulties/problems may include mental, emotional, financial, family, marital, employment-related stress, drug abuse, alcoholism, legal, elder care/ aging, spiritual, career, illness/disability, or other such difficulties/problems. The purpose of the City EAP shall be to help employees and members of their immediate families deal with the kinds of difficulties and problems identified above by linking them with resources that can provide appropriate help; to reduce job performance problems; and to retain valued employees. When an employee or a member of his/her immediate family is experiencing a problem, whether or not such a problem affects the employee's job performance, the employee and/or immediate family members are strongly encouraged to seek assistance through the EAP. Section 16.2 Coverage Terms and Conditions. Under the coverage terms of the EAP, employees and/or members of their immediate families shall each be entitled to unlimited assessment and referral and a maximum of three sessions per problem, at no cost to the employee or family member, for problems amenable to short term counseling intervention. Employees and/or family members are encouraged to access available benefits, as provided by the City medical benefits program, for counseling/treatment beyond the three session limit. 19 Section 16.3 Other Terms and Conditions. The City and the members of the bargaining unit agree that: A. Participation in the EAP shall be strictly voluntary. However, employees and their immediate family members who have problems they feel may affect their health, well- being, and/or the employee's job performance, are encouraged to contact the EAP. Y B. Employees and their immediate family members shall receive an offer of assistance to help resolve such problems in an effective and confidential manner by the EAP provider ~..~ consistent with federal and state law. No information concerning the nature of individual personal problems will be released without proper written consent. C. Nothing in this Article of this Contract shall be interpreted as constituting a waiver of the City's responsibility to maintain discipline or its right to take appropriate disciplinary action in accordance with established disciplinary procedures. Normal disciplinary procedures shall remain unaltered and use of the EAP shall not alter the responsibility of employees to maintain an acceptable level of performance or acceptable behavior/ conduct. D. EAP-related appointments scheduled during normal work hours shall be scheduled within the framework of the City's existing leave policies. Depending on the circumstances involved, one or more forms of leave may be appropriate to attend such appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to existing procedures requiring the employee to provide a reason to justify the use of sick leave, the employee may not wish to use said leave for such appointments, as providing a reason for the usage of said leave may disclose information the employee wishes to remain confidential. If the employee chooses to request sick leave, he or she is hereby advised that in providing a justifiable reason for sick leave usage, he/she is voluntarily disclosing information. Employees are hereby advised that if this is a concern, they should request another form of leave where providing a reason for said leave usage is not required (i.e. vacation leave, emu. compensatory time, personal time, etc.), or seek to schedule EAP related appointments outside of normal work hours. Flexible appointment hours shall be made available to employees by the EAP provider. E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many job performance difficulties may be related to a personal problem. However, supervisory personnel shall refrain from diagnosing personal problems or recommending specific solutions other than referral to the EAP. F. Supervisory training is critical to the success of the EAP. In that regard, the City will provide supervisory training, to be scheduled at the discretion of the City, to enhance the knowledge of supervisory personnel concerning the proper methods to be used when dealing with an employee who is experiencing personal orwork-related problems. 20 G. The City shall reserve the right to contract, at its sole discretion, with the company/ organization of its choice that will, in the judgement of the City, provide the most cost- effective, meaningful, and responsive service to the City and its employees. ARTICLE 17 DRUG FREE WORKPLACE , Section 17.1 Purpose. The City and the Union hereby agree that illegal drugs in the workplace are a danger to us all. They impair health, safety and welfare, promote crime, lower productivity and quality, and undermine the public confidence in the work we perform as public servants. Therefore, the City and the bargaining unit will not tolerate the illegal use or illegal presence of drugs in the workplace. In addition, the City and the Union understand that, pursuant to the federal Drug-Free Workplace Act, in order for the City of Dublin to be considered as a recipient for federal grants, it must comply with several requirements mandated by the Act. One of these requirements mandates that the City publish a policy prohibiting the illegal presence of controlled drugs in the workplace and that this policy be distributed to all employees. In addition, the Act requires the City to verify that all employees have agreed to abide by the policy as a condition of continued employment. The purpose of this Article is to publish a formal policy regarding illegal drugs in the workplace, to notify bargaining unit employees of the consequences of illegal use, possession, distribution, manufacture, etc. of controlled drugs in the work-place, to institute a drug awareness program for bargaining unit employees, and to notify employees of the types of rehabilitative help that may be offered by the City. This Article shall be applicable to all employees of the bargaining unit and the bargaining unit hereby understands that this Article shall be strictly enforced by all supervisory personnel within the Division of Police. Section 17.2 Pol;cv. The City and the Union hereby agree that any location at which City business is conducted is hereby declared to be a DRUG-FREE WORKPLACE. This means that all employees, including supervisory personnel, are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using con-trolled substances in the workplace. Reporting for work while under the influence of illegal drugs, or with any residual effects from illegal drug use (e.g. impaired judgement, sickness, impaired reflexes, etc.) is likewise prohibited. For purposes of this policy, an employee is considered to be "under the influence" of a drug or controlled substance when any amount of such drug or con-trolled substance (or any of its metabolites) is found to be present in the employee at or above the lowest recognized scientific standard utilized by the laboratory selected by the Employer for evaluating the presence of such substances in the system. Bargaining unit employees hereby understand that any building, facility, structure, property, etc., 21 or the contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the City shall be subject to unannounced inspection at any time by appropriate supervisory personnel and City officials. The following constitutes a partial list of controlled substances: (For a more detailed listing and explanation of controlled sub-stances, please consult the attached listing entitled "Controlled Substances -Uses & Effects. ") * Narcotics (heroin, morphine, etc.) * Cannabis (marijuana, hashish) >.~ * Stimulants (cocaine, diet pills, etc.) * Depressants (tranquilizers) * Hallucinogens (PCP, LSD, "designer drugs", etc.) Bargaining unit employees understand that compliance with this policy shall be strictly enforced and shall be a condition of continued employment. Bargaining unit employees also understand that any employee violating this policy shall be subject to appropriate disciplinary action which may include suspension or dismissal. Bargaining unit employees hereby understand that they may also be subject to appropriate disciplinary action for engaging in off duty, illegal conduct/behavior unbecoming a City employee emanating from the use of illegal drugs which detracts from the image or reputation of the City as an organization or which erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts). Section 17.3 Drug-Free Awareness & Employee Assistance. Bargaining unit employees have "~`~' a ri ht to know the dan ers of dru abuse in the work lace the olic re ardin such dru abuse g g g p p Y g $ g , and what help is available to combat drug problems. This Section of this Contract is intended to address this matter. The City agrees to offer an awareness program for all bargaining unit employees on the dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at periodic group meetings will communicate information to employees. In addition, to assist employees in overcoming drug abuse problems, the City will offer the following rehabilitative help where applicable: * Medical benefits for drug-abuse treatment * Information about community resources for assessment and treatment * Employee Assistance Program Bargaining unit employees hereby understand that where rehabilitative assistance is offered by the 22 City and agreed to by the employee, failure of the employee to adhere to conditions with regard to the rehabilitative program may result in appropriate disciplinary action including suspension or dismissal Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those covered by the City of Dublin medical plan. (For further information on the medical benefits for drug abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".) The City also agrees to provide supervisory training to assist supervisors in identifying illegal drug use by employees. In addition, the City further agrees to provide training to supervisory "~ ~ personnel regarding the proper procedures for handling incidents involving employees who they suspect may be under the influence of illegal drugs in the workplace. Section 17.4 Criminal Convictions & Notification Requirement. The bargaining unit employees hereby understand that pursuant to the provisions of the Drug-Free Workplace Act, any employee convicted of violating a criminal drug statute in this workplace must inform the City of such conviction (including pleas of guilty and polo contendere) within five (5) days of the conviction occurring. Failure to so inform the City shall subject the employee to appropriate disciplinary action including suspension or dismissal. The City reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If such a program is offered, and accepted by the employee, then the employee must adhere to conditions with regard to the rehabilitation as a condition of continued employment. Section 17.5 Employee Acknowledgment. All bargaining unit employees hereby agree to acknowledge, in writing, that they have read this Article of the Contract and agree to abide by it in all respects. Bargaining unit employees understand that this acknowledgment and agreement shall be required of each employee as a condition of continued employment. ARTICLE 18 CONSUMPTION OF ALCOHOL Section 18.1 Purnose• In order to promote and maintain a safe and productive working environment for all City employees, protect the public health, safety, and welfare and, uphold the public confidence in the work performed by City employees, the City and the bargaining unit hereby agree that a policy concerning the use of alcohol by bargaining unit employees should be addressed within this Contract. The purpose of this Article, therefore, is to provide the terms and conditions of such policy. The bargaining unit hereby understands that this policy shall be applicable to all bargaining unit 23 employees and shall be strictly enforced by all supervisory personnel within the Division of Police. Section 18.2 Policy The City and the union hereby agree that all employees, including supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In addition, reporting for work while under the influence of alcohol, with any residual effects of alcohol consumption (e.g. impaired judgement, sickness, impaired reflexes, etc.), or where there is any evidence of alcohol consumption (e.g. odor of alcohol on the breath) is likewise prohibited. For ~.K~, purposes of this policy, an employee is considered to be "under the influence" of alcohol when the employee is found to be impaired by alcohol. (The City and the union hereby agree that a blood alcohol content of 0.04% will be used as the standard for impairment.) Furthermore, all ~.x. employees are also prohibited from consuming alcohol during their designated lunch break or meal period and while off duty anytime said employees are in City uniform or are wearing any apparel which distinguishes themselves as employees of the City of Dublin. Bargaining unit employees hereby understand that any building, facility, structure, property, etc., or contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the City, shall be subject to unannounced. inspection at any time by appropriate supervisory personnel and City officials. Bargaining unit employees likewise understand that compliance with this policy shall be strictly enforced and that any employee violating this policy shall be subject to appropriate disciplinary action which may include suspension or dismissal. Bargaining unit employees further understand that they may also be subject to appropriate disciplinary action for engaging in off-duty, illegal conduct/behavior unbecoming a City employee emanating from the use of alcohol which detracts from the image or reputation of the City as an organization or which erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc., or other criminal acts). ~,~~ Section 18.3 Alcohol Awareness & Employee Assistance. Bargaining unit employees have a right to know the dangers associated with the use or abuse of alcohol and what help is available to combat the problems associated with alcohol use or abuse. The City agrees to offer an awareness program for all bargaining unit employees on the dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest speakers at periodic group meetings will communicate information to employees. In addition, to assist employees in overcoming alcohol abuse problems, the City will offer the following rehabilitative help where applicable: * Medical benefits for alcohol-abuse treatment * Information about community resources for assessment and treatment 24 * Employee Assistance Program Bargaining unit employees hereby understand that where rehabilitative assistance is offered by the City and agreed to by the employee, failure of the employee to adhere to conditions with regard to the rehabilitative program may result in appropriate disciplinary action including suspension or dismissal. ~` " Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those covered by the City of Dublin medical plan. (For further information on the medical benefits for alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".) The City also agrees to provide supervisory training to assist in identifying the problems associated with alcohol abuse by employees. In addition, the City further agrees to provide training to supervisory personnel regarding the proper procedures for handling incidents involving employees who they suspect may be under the influence of alcohol in the workplace. ARTICLE 19 EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM Section 19.1 Purpose of Testing. In an effort to promote and maintain a safe and healthy environment for City employees, establish a standard of conduct for City employees, protect the public health, safety, and welfare, and to uphold the public confidence in the work performed by City employees, the City and the bargaining unit hereby agree that employee drug & alcohol testing should be addressed within this Contract. In that regard, the purpose of this Article is to establish the terms, conditions and procedures regarding the drug and alcohol testing of bargaining unit members. Section 19.2 Terms and Conditions of Testing. The City and the bargaining unit hereby agree that all bargaining unit members, as a condition of this Contract, shall be required to submit, upon request, to a urinalysis and/or blood test to detect the presence of illegal drugs or alcohol in their systems under the following circum-stances: A. When the City has reasonable suspicion to believe that an employee is under the influence of illegal drugs or alcohol while on City premises or on City business. B. Following awork-related accident or safety violation. Employees who are directed to submit to testing shall be required to sign a consent form, the form of which will be developed by the Personnel Director, which will include consent that notice of the test results will be released to The Director of Personnel & Purchasing, or in his absence, the City Manager. 25 The City and the bargaining unit hereby agree that if employees of the bargaining unit are required to submit to testing, failure or refusal to submit to the testing may result in appropriate disciplinary action which may include suspension or dismissal. The actual discipline to be imposed shall take into consideration all facts and circumstances including the expressed reasons for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and the employee's job performance. Section 19.3 Dru$ and Alcohol Testing Procedures. Drug & Alcohol testing shall be conducted in the following manner: A. Employees judged to be under the influence of drugs -and/ or alcohol shall be escorted to a designated testing laboratory after receiving approval from the City Manager or Director of Personnel & Purchasing. After specimen collection, the employee shall be escorted home. Employees will not receive regular pay for the time they are sent home if found to be under the influence of drugs or alcohol. The employee shall be permitted to return to work after the test results have been received by the City, unless otherwise specified by the City. B. In screening for the presence of alcohol or drugs, the City shall use a generally accepted screening procedure. Whenever an employee is required to provide urine or blood for the screening procedure, the employee shall be required to provide two specimens at the time of col-lection in order to facilitate the screening procedure. C. When such screenings are performed, the threshold level for determination shall be established in accordance with generally accepted medical procedures and existing laws or regulations. D. In testing for the presence of illegal drugs and/or alcohol, the City shall submit the first specimen for testing to a certified laboratory. If illegal drugs and/or alcohol are found in the first specimen, then that same specimen shall be submitted for further verification (confirmatory) testing. E. If both initial and verification (confirmatory) tests are positive for an illegal drug and/or alcohol, the Director of Personnel & Purchasing shall contact the employee. The employee must then decide whether or not he/she wishes the second specimen provided at the initial collection to be further tested by the City. If the employee so requests, then the second specimen shall be tested by the City using a second certified laboratory. F. If the employee does not request the screening of the second specimen after the initial specimen tests positive, or if the employee does request the testing of second specimen and it also tests positive for an illegal drug or alcohol, rehabilitative or 26 corrective action shall be taken. Section 19.4 Referral To Em l~oyee Assistance Program. If the results of drug and/or alcohol testing are positive, but do not warrant dismissal of the employee, a referral to the Employee Assistance Program maybe offered. Although employees maybe offered an assessment through the Employee Assistance Program, they are still subject to appropriate disciplinary action. If an employee accepts a referral to the EAP for assessment as a result of a positive drug and/or alcohol test, he/she must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from an assessment, as a condition of continued employment. The employee shall further comply to random drug and/or alcohol testing for a period of up to two years. Failure to comply with any of the conditions associated with the recommendations of the Counselor, the conditions associated with the rehabilitation program, or the random testing, as specified above, may result in dismissal of the employee. ARTICLE 20 USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION Section 20.1 Purpose• In an effort to promote and maintain a safe and productive working environment for City employees, establish a standard of conduct for City employees, protect the public health, safety, and welfare, and to uphold the public confidence in the work performed by City employees, the City and the bargaining unit hereby agree that use of prescription and "over- the-counter" medication by employees should be addressed within this Contract. In that regard, the purpose of this Article is to establish terms and conditions concerning the use of prescription and "over-the-counter" medication by bargaining unit members. Section 20.2 General Terms & Conditions. In general, employees taking medication legally prescribed by a physician, or purchased "over-the-counter", which may impair the employee's .,~ judgement, job performance, and physicaUmental capabilities, shall advise their immediate supervisors, in writing, of the medication being used and the possible effects of such medication, prior to the employee commencing work. Such written notification must be provided through the use of a Prescription or "Over-the-Counter" Medication Notification Form to be developed by the Director of Personnel. If an employee is uncertain as to the potential effects of a particular medication, it shall be that employee's responsibility to consult with a physician or pharmacist as to its potential effects. When an employee notifies his/her supervisor that he/she is under the influence of prescription or "over-the-counter" medication which causes the types of effects as noted previously, the super- visor shall temporarily reassign the employee to other duties which can safely be performed, if such duties are available, or shall authorize appropriate leave for the employee (i.e. sick, vacation, personal, comp time, etc.). 27 It shall be the responsibility of all supervisory personnel to monitor the condition/behavior of their employees during work hours, and when a supervisor has reasonable suspicion to believe that an employee may be under the influence of prescription or "over-the-counter" medication during work hours which causes the types of effects as those previously noted, the supervisor shall immediately relieve the employee of his/her duties and shall follow the procedures outlined in Section 20.3 ("Testing Procedures for Prescription and "Over-the-Counter" Medication") of this Contract. Furthermore, whenever there is awork-related accident or safety violation, supervisors shall likewise follow the procedures outlined in Section 20.3 of this Contract. The City and the bargaining unit hereby agree that if employees work under the influence of '~"~ medication legally prescribed by a physician, or purchased "over-the-counter", which causes the type of effects as those previously noted under this section, they shall be subject to appropriate disciplinary action including suspension or dismissal. An employee shall be considered to be "under the influence" of a medication when any amount of such medication (or any of its metabolites) is found to be present in the employee at or above the lowest recognized scientific standard utilized by the laboratory selected by the Employer for evaluating the presence of such substances in the system. Section 20.3 Testing Procedures For Prescription or "Over-the-Counter"Medication. When a supervisor has reasonable suspicion to believe that an employee may be under the influence of medication legally prescribed by a physician, or purchased "over-the-counter", which causes the effects identified under Sections 20.2 of this Contract, that supervisor shall require the employee to submit upon request to a urinalysis or blood test to detect the presence of such prescription or "over-the-counter medication" in his system. Further-more, whenever there is a work-related accident or safety violation, supervisors shall likewise require the employee to submit upon request to the same tests to detect such prescription or "over-the-counter" medication. Employees who are directed to submit to testing shall be required to sign a consent form, which includes consent that notice of the test results will be released to the Director of Personnel & Purchasing, or in his absence, the City Manager. The City and the bargaining unit hereby agree that if employees are required to submit to testing, failure or refusal to submit to the testing may result in appropriate disciplinary action which may include suspension or dismissal. The actual discipline to be imposed shall take into consideration all facts and circumstances including the expressed reasons for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and the employee's job performance. Testing for prescription or "over the counter" medication shall be conducted in the following manner: A. Employees required to submit to testing shall be escorted to a designated testing laboratory after receiving approval from the City Manager or Director of Personnel & Purchasing. After specimen collection, the employee shall be escorted home. Employees will not receive regular pay for the time they are sent home if found to be under the 28 influence of prescription or "over-the-counter" medication which causes the effects previously noted. The employee shall be permitted to return to work after the test results have been received by the City, unless otherwise specified by the City. B. In screening for the presence of prescription or "over-the-counter" medication, the City shall use a generally accepted screening procedure. Whenever an employee is required to provide urine or blood for the screening procedure, the employee shall be required to provide two specimens at the time of collection in order to facilitate the screening procedure. ~' " C. When such screenings are performed, the threshold level for determination shall be established in accordance with generally accepted medical procedures and existing laws or regulations. D. In testing for the presence of prescription or "over-the counter" medication, the City shall submit the first specimen for testing to a certified laboratory. If prescription or "over-the- counter" medication is found in the first specimen, then that same specimen shall be submitted for further verification (confirmatory) testing. E. If both initial and verification (confirmatory) tests are positive for prescription or "over- the-counter" medication, the Director of Personnel & Purchasing shall contact the employee. The employee must then decide whether or not he/she wishes the second specimen provided at the initial collection to be further tested by the City. If the employee so requests, then the second specimen shall be tested by the City using a second certified laboratory. F. If the employee does not request the screening of the second specimen after the initial specimen tests positive, or if the employees does request the testing of second specimen and it also tests positive, corrective action shall betaken. ARTICLE 21 LAYOFFS Section 21.1 Layoffs• Whenever there is a lack of work or a lack of funds requiring a reduction in the number of employees of the City, the City Manager shall determine the job classifications in which such reduction shall be made and the number to be laid off. Employees shall be laid off at the time and in the number specified by the City Manager in the inverse order of their seniority. Within the affected job classifications, all part-time, temporary and seasonal employees would be laid off first, then probationary employees, followed by regular employees. Section 21.2 Call-back. When employees are laid off as specified in Section 21.1, their names 29 shall be placed on a Re-employment Eligibility List established by the Division of Personnel. When the work or financial situation permits, those employees who have been laid off shall be called back to work and reinstated to the job classification they held before layoff with the same status and seniority as they had at the time of layoff, in inverse order of their layoff, if they are available. If not available within fourteen (14) calendar days of call-back notification, or if they decline an offer of re-employment, or if they do not respond to the City within fourteen (14) ,,,~, calendar days of call-back notification, their names shall be removed from the Re-Employment Eligibility List. The Re-employment Eligibility List shall be valid for two years from the date of original creation unless said list is exhausted prior to the completion of the two year time frame «~. due to the re-employment of all individuals on said list, the removal of all individuals' names from said list for reasons ofnon-availability or declination of re-employment, or any combination thereof. Call-back notification shall be provided to laid-off employees by certified mail addressed to the last known mailing address of said laid-off employees. It shall be the responsibility of the laid-off employees to keep the Division of Personnel advised of their current mailing address. ARTICLE 22 MISCELLANEOUS Section 22.1 Safe Eq~inment• The Employer will furnish and will maintain in good working condition the necessary tools, facilities, vehicles, supplies and equipment required for employees to safely carry out their duties. Employees are responsible for reporting unsafe conditions or practices, for avoiding negligence, and for properly using and caring for tools, facilities, vehicles, supplies, and equipment provided by the Employer. Section 22.2 Contract Conies• As soon as is possible following the signing of this Contract, the ""~" Employer and the F.O.P./O.L.C. shall have printed sufficient copies of this Contract. The actual cost of printing this Contract, and any future printing beyond the copies specified herein in an amount the parties may later agree as necessary, shall be shared equally by the parties. The ~,,, F.O.P./O.L.C. shall be responsible for distribution of copies to current members and the Employer shall be responsible for distribution of copies to new members who are hired during the term of this Contract. Section 22.3 Mail. Mail which is addressed to an employee shall not be opened by anyone other than the employee to whom it is addressed, unless the employee has specifically provided written authorization to the contrary or it is reasonable to assume that the contents of the mail likely involves other work-related activities to which prompt review, attention, and/or response maybe required. If someone other than the employee to whom the mail is addressed opens the mail, they will sign their name, date and time on the outermost piece of that mail. Mail that is not work- related shall not be sent to an employee at any public facility operated by the City of Dublin. Employees will not be responsible for any non-work-related mail that they did not initiate. 30 Section 22.4 Reimbursement for Expenses and Travel. An employee, whenever authorized to engage in or to undertake official business for the Employer shall be reimbursed for reasonable and necessary expenses and travel. If practicable, the employee shall be allowed the use of a City vehicle for travel. If not practicable, reimbursement for authorized use of a personal automobile will be at the current rate established by Internal Revenue Service (IRS). It is recognized that the Employer has the right to promulgate reasonable regulations pertaining to reimbursement for expenses and travel. Where overnight lodging is provided at the City's expense, an employee will only be reimbursed for mileage to and from the training facility on one occasion each way unless otherwise approved or directed by the Chief. All other travel is considered to be non-work- related and non-reimbursable. ARTICLE 23 RATES OF PAY/WAGES Section 23.1 Wage Structure. Effective August 1, 1997 through December 31, 1999, the following wage structure shall be in place for the Police Clerical Specialist I classification: Step 1 - $20,374.00 Step 2 - $21,239.90 Step 3 - $22,142.60 Step 4 - $23,083.66 Step 5 - $24,064.72 Step 6 - $25,087.47 Step 7 - $26,153.69 Step 8 - $27,265.22 Step 9 - $28,423.99 Step 10 - $29,632.01 Step 11 - $30,561.00 Effective August 1, 1997, each existing employee within the Police Clerical Specialist I classification shall be placed at the step closest to his/her existing wage rate which will provide an increase. Thereafter, each existing employee, hired prior to the execution of this Contract, shall receive a step increase on January 1, 1998 and January 1, 1999, provided the employee receives at least an "effective/satisfactory" rating on his/her annual performance evaluations. Should the employee receive less than an "effective/satisfactory" rating on his/her annual performance evaluations, such annual step increase shall be withheld. Effective August 1, 1997 through December 31, 1999, the following wage structure shall be in place for the Police Clerical Specialist II classification: Step 1 - $22,230.00 Step 2 - $23,174.78 Step 3 - $24,159.71 Step 4 - $25,186.50 Step 5 - $26,256.93 Step 6 - $27,372.85 Step 7 - $28,536.20 Step 8 - $29,748.99 Step 9 - $31,013.32 Step 10 - $32,331.39 Step 11 - $33,345.00 31 Effective August 1, 1997, each existing employee within the Police Clerical Specialist II classification shall be placed at the step closest to his/her existing wage rate which will provide an increase. Thereafter, each existing employee, hired prior to the execution of this Contract, shall receive a step increase on January 1, 1998 and January 1, 1999, provided the employee receives at least an "effective/satisfactory" rating on his/her annual performance evaluations. Should the employee receive less than an "effective/satisfactory" rating on his/her annual performance evaluations, such annual step increase shall be withheld. "` Section 23.2 Aonointment and Advanced Ste Hiring. The City Manager, when making appointments to either the Police Clerical Specialist I or II classifications, shall be authorized to recognize the overall qualifications of candidates in determining their placement within the wage structure. Section 23.3 Step Advancement. Following the employee's initial appointment to a position within the Police Clerical Specialist I or II classifications, advancement to successive steps within the wage structure, for employees hired after the execution of this Contract, shall occur annually on the employee's anniversary date, provided the employee receives at least an "effective/ satisfactory" rating on his/her annual performance evaluation. Should an employee receive less than an "effective/satisfactory" rating on his/her annual evaluation, the annual step increase shall be withheld. For employees hired prior to the execution of this Contract, advancement to successive steps within the wage structure shall occur on January 1, 1998 and January 1, 1999, provided the employee receives at least an "effective/satisfactory" rating on his/her annual performance evaluations. Should an employee receive less than "effective/satisfactory" rating on his/her annual evaluations, the annual step increase shall be withheld. ,~ M Section 23.4 Application of Pay Rates• The rates of pay set forth in Section 23.1 are based on full-time employment of forty (40) hours in a work week and 2,080 hours in a work year. These rates shall be used to calculate wages for hours in paid status for the appropriate step. "Paid Status" shall include all hours in approved paid leave including vacation, injury, military (active ~" "` duty), personal, compensatory time, sick leave, etc. Section 23.5 Longevi Pay. All employees shall receive, in addition to the pay rates established in Section 23.1, a longevity payment based upon completed years of service with the City according to the following schedule. 32 The following schedule shall be effective upon the execution of this Contract: Completed Years of Service with the City of Dublin Am n Four (4) through six (6) years $525.00 Seven (7) through ten (10) years $675.00 - Eleven (11) through fourteen (14) years $775.00 Fifteen (15) through nineteen (19) years $875.00 Twenty (20) or more years $950.00 Longevity pay shall be issued during the pay period in which the employee's anniversary date of appointment falls. In the event the employee wishes to receive his longevity pay on December 15th of each year, he must deliver a memorandum directly to the payroll clerk, at least thirty (30) days prior to his anniversary date requesting such payment. The employee will be paid in one (1) lump sum in the form of a regular paycheck for that .given pay period which will be taxed at the employee's W-4 rate. Any memorandum requesting a change in payment date shall remain in effect until otherwise requested by the bargaining unit member. ARTICLE 24 HOURS OF WORK AND OVERTIME Section 24.1 Workweek. The workweek normally consists of forty (40) hours based on five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off. Section 24.2 Overtime. Employees shall be compensated at straight-time rates for all hours worked, as well as in paid status, except that all hours worked, or in paid status, in excess of forty (40) hours in any workweek shall be compensated for at a rate oftime-and-one-half (1-1/2). Employees shall be paid at double time on the seventh consecutive day of work within a given work-week, if ordered to work. No employee shall be paid for overtime work which has not been authorized by a supervisor. Except in emergency situations, the Division shall post available overtime opportunities and shall attempt to evenly distribute, as far as practicable, overtime to employees requesting same. Section 24.3 Call In Pav/Show-Up Pam When an employee is called in or scheduled in advance for work by an appropriate supervisor, and the employee reports for said work more than thirty (30) minutes after the completion of his shift, the employee shall be paid for a minimum of three (3) hours at the appropriate overtime rate or be credited with a minimum of three (3) hours of compensatory time at the appropriate overtime rate. 33 Section 24.4 Compensatory Time. At the election of the employee, overtime maybe compensated with compensatory time off in accordance with the provisions of the Fair Labor Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or two (2) times, whichever maybe applicable, for each one (1) hour of overtime worked. The maximum number of accumulated compensatory hours permitted in an employee's compensatory time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum compensatory time bank has reached 240 hours, all additional overtime for such employee shall be paid at the appropriate overtime rate. If at the end of each calendar year (December 31,) the employee has 240 hours of compensatory time in his compensatory time bank, he shall be permitted to convert up to fifty (50) hours of compensatory time in said bank to cash. The calculation for converting Compensatory Time to cash shall be the employee's established hourly rate of pay multiplied by the number of hours the employee desires to convert. In the event the employee wishes to exercise this option, it shall be his responsibility to forward a memorandum to the Department of Finance specifying the number of hours he wishes to convert to cash, prior to the end of the first pay period in the new calendar year. The cash conversion will then be paid in the form of a separate payroll check and shall be forwarded to the employee on the scheduled pay date at the conclusion of the second pay period in the new year. Section 24.5 Payment For Accrued Compensatory Time U ou n Separation. An employee who has accrued compensatory time shall, upon the termination of employment for any reason, be paid for the unused compensatory time at the rate of pay received by the employee at the time of separation. In the event of any employee's death, such compensation shall be paid to the employee's surviving spouse or, secondarily, his estate. Section 24.6 Use of Compensatory Time. Any request for compensatory time of more than eight (8) consecutive hours use shall be submitted at least seventy-two (72) hours in advance of its requested usage. The notice period maybe waived in cases where circumstances make compliance impracticable. Requests for eight (8) or less consecutive hours use maybe submitted with less than seventy-two hours' notice and maybe approved, as scheduling and operational needs of the Division permit such usage. Compensatory time maybe requested in multiples of one-quarter hours. ARTICLE 25 RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS Section 25.1 Return to Dutv. Any employee who voluntarily resigns, may be reinstated as a full-time Police Clerical Specialist if there is a need for his services within two (2) years after the date of resignation, subject to approval by the City Manager. If there is no vacancy at the time of request for reinstatement, the Human Resource Director shall place the name of said applicant at the top of the appropriate re-employment list for the remainder of the two (2) year period. 34 Section 25.2 Return from Military Service. Pursuant to the Ohio Revised Code Section 4903.03, any employee who leaves, or has left, the City service to enter the active service of the Armed Forces of the United States, or any branch thereof, and who is subsequently reinstated to employment with the City, shall be entitled to receive compensation at the Step rate to which the employee would have been entitled had service with the City not been interrupted by service in the Armed Services. Section 25.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall be credited for purposes of step advancement and shall not constitute a break in service. ARTICLE 26 VACATION LEAVE Section 26.1 Vacation Year. The vacation year for employees shall end at midnight on December 31 of each year. Section 26.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at the annual rate set forth in Section 26.3. In addition, an employee shall not earn his full vacation accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave with pay) in the entire pay period. In the event an Employee is not in full pay status during the entire pay period, he shall accrue vacation on a pro-rated basis taking into account the number of hours in full pay status during the pay period and his rate of accrual at that given time. The formula for pro-rating the employee's accrual under such circumstances shall be the number of hours in full pay status multiplied by the converted hourly accrual rate. An employee who has prior public service with any state government, or any political subdivision °"~'° ~ thereof, may receive credit for his prior service with such entity for the purpose of computing the amount of his vacation leave with the City, if the nature of said service is relevant to the nature of his service with the City of Dublin. Anew employee of the City with less than one (1) year of prior public service, as described under this Section shall not, within the first six (6) months of his employment with the City, accrue or use vacation leave and, during the remaining six (6) months of his first year of employment, said employee shall accrue and be entitled to use up to a maximum of 40 hours of vacation leave. Anew employee of the City, with more than one (1) year of prior public service, as described under this Section, shall be entitled to accrue vacation leave immediately upon appointment, pursuant to the schedule and conditions established in this Section, provided that proper verification of said prior public service is received by the City, and said employee shall be entitled to use vacation leave after three months of service. 35 Section 26.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave based upon the following vacation accrual schedule: Completed Years of Public Service Paid Vacation Hours Per Year 0 - 1 Year """" 2 - 4 Years 5 - 10 Years 11 - 15 Years 16 - 20 Years 21 Years or More 40 Hours 108 Hours 140 Hours 168 Hours 186 Hours 216 Hours Section 26.4 Vacation Carry-Over. An employee may carry over from one calendar year to another a maximum of 160 hours of vacation leave previously earned but not used. Section 26.5 Vacation Scheduling= The Division shall attempt to honor all vacation requests in the following manner with the understanding that all vacation leaves shall be taken at such time or times at the discretion of and as approved by the Chief of Police. A. Annual Scheduling! In January of each year, the Division shall post a vacation schedule. Employees shall submit written requests for vacation leave by February 1. In cases of conflict, seniority shall control as to granting of requests of vacation leave. In the event an employee's request is disapproved, that employee shall have seventy-two (72) hours to resubmit an alternate request for consideration. During said seventy-two (72) hour period of time, vacation requests from other employees with less seniority shall not be approved. In the event the employee does not resubmit his alternate request within said 72 hour time period, vacation requests from other employees with less seniority may then be approved. B. Casual Scheduling= For other than annual scheduling, employees may request occasional use of vacation leave on a first-come first served basis. C. Vacation leave may be taken in multiples of one-quarter (1/4) hour. Section 26.6 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the applicable straight time rates; however, an employee ordered to work while on approved vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours pay for each such call-in. Section 26.7 Payment for Accrued Vacation Leave Upon Resignation/Separation and Death• Employees are encouraged to utilize the vacation benefit for the purpose for which it is intended - e.g. rest, relaxation, travel, etc. Therefore, payment for accrued vacation leave in lieu 36 of actual use shall not be approved, except when an employee resigns from employment with two weeks' notice, is terminated by the City, dies, or is laid off. In such cases where payment for accrued vacation leave is authorized in lieu of its actual use, the maximum amount of vacation for which the employee may receive payment shall not exceed one hundred sixty (160) hours. In the event of an employee's death, compensation for unused vacation leave shall be paid to the employee's surviving spouse or, secondarily, his estate. ARTICLE 27 HOLIDAYS Section 27.1 Paid Holidays. The following are designated as paid holidays for bargaining unit employees: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day Section 27.2 Dates/Days Observed. Should the Federal or State government designate a specific date or day of the week for observation of one of the above listed holidays, the City shall follow that designation. In the event aCity-observed holiday falls on a Saturday, the Friday immediately before the holiday shall be the observed day; should the holiday fall on a Sunday, the Monday immediately following the holiday shall be the observed day. Section 27.3 Holiday P~~. A. If a holiday falls on an employee's regularly scheduled day off and the employee is not required to work the holiday, or if the employee is excused from work, the employee shall receive eight (8) hours of compensatory time at the straight time rate, provided that the employee was not absent without authorized leave on either the workday before or after the holiday. An employee on sick leave the workday before or after the holiday may be required to present a doctor's certificate in order to receive credit for eight (8) hours of compensatory time. B. When an employee works a holiday on his regularly scheduled workday, he shall be entitled to: 37 Straight time pay for all hours worked if eight (8) hours or less are worked, and the double-time for any hours worked in excess of eight (8) hours; 2. At the employee's option, eight (8) hours' pay or eight (8) hours' compensatory time at the straight time rate; One (1) hour of compensatory time at the straight time rate for each two (2) hours worked, to a maximum of four (4) hours' compensatory time. C. When an employee works a holiday on his regularly scheduled day offhe shall be entitled to: Double time pay for all hours worked; 2. At the employee's option, eight (8) hours' pay or eight (8) hours' compensatory time at the straight time rate. ARTICLE 28 PERSONAL LEAVE Section 28.1 Allocation & Usage of Leave. Effective January 1 of each year under this Contract, each employee shall receive 32 hours (4 days) of Personal Leave. However, in the event an individual is appointed on or after November 1 of any given year under this Contract, said individual shall receive only one (1) day of personal leave. Personal leave may be used by the employee provided that said leave is approved in advance by the employee's immediate supervisor or other appropriate administrative superiors. All personal leave must be used within the same ., calendar year in which it is allocated or said personal leave shall be forfeited. Personal leave shall be paid at the employee's straight time rate. Conflicts involving multiple requests for the same period of leave shall be resolved on afirst-come-first-served basis. Section 28.2 Payment for Unused Personal Leave Upon Resignation/ Separation or Death. In the event that an employee is laid off from City service, said employee shall be compensated for all unused personal leave at the rate of pay in effect at the time of lay-off. In the event that an employee is terminated or resigns from City service, said employee shall also be compensated for all unused personal leave at the rate of pay in effect at the time of termination or resignation, with the exception that said employee will not be eligible for such compensation if said employee is terminated or resigns within his/her first six (6) months of employment. Furthermore, in the event that an employee resigns or separates service without providing at least ten (10) calendar days' written notice prior to his/her last working day, said employee shall forfeit his/her right to compensation for such unused personal leave. 38 Section 29.1 Medical, Dental, & Vision Benefits. The City shall make available group medical, prescription drug, dental, and vision benefits to all employees and dependents who meet the eligibility requirements of the plan. Said benefits will be made available with no contribution on the part of the employee other than the required deductibles, co-payments, co-insurance, and annual out-of-pocket maximum associated with the program. The plan design of this program shall be substantially the same as currently in effect. Section 29.2 Liabili Insurance. The Employer shall maintain Public Official's Liability insurance coverage for all employees for the duration of this Contract. The Employer shall pay the annual premium for such coverage. "Shall" as used in the context of liability insurance, is based on availability of such coverage. Whether or not insurance coverage is available, the employee shall be indemnified and held harmless by the City, provided the employee acted within the scope of his assigned duties in the situation/ incident out of which a claim or lawsuit arises. section 29.3 Change in Carriers. If it becomes necessary to change carriers (medical, dental, vision, and life insurance benefits only), and such change would effect the benefits under the plans, the Employer agrees to meet with representatives of the Bargaining unit prior to implementing the change in order to negotiate the impact of any proposed change. Section 29.4 Life Insurance. The City shall provide group term life insurance coverage in the amount of $40,000 for each employee with the full premium for said coverage paid by the City. ARTICLE 30 SICK LEAVE Section 30.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with the exception that an employee shall earn the full sick leave accrual each pay period only if the employee is in full pay status for the entire period. In the event the employee is not in full pay status for the entire pay period, he shall accrue sick leave at the rate of .069 hours for each one (1) hour in full pay status during the pay period. New employees shall be granted a three (3) day sick leave "advance" upon the effective date of their appointment. However, no additional sick leave will be allowed to accumulate until the end of the third month of employment. Section 30.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the following reasons: 39 A. Actual illness or disability of the employee; B. Illness or disability of one or more of the employee's immediate family members, requiring the employee's personal care and attendance. Immediate family, for the purpose of this section, is defined as mother, father, spouse, son, daughter, step-son, step-daughter, legal guardian, or someone who stands in place of a parent. Bargaining unit members shall be permitted to petition the City Manager for usage of sick leave for illness of family members outside the definition of immediate family. The parties agree that the City Manager shall evaluate such requests and may, on a case-by-case basis, approve such requests, at his discretion. C. Enforced quarantine of the employee in accordance with community health regulations. D. Necessary appointments with physicians and dentists. E. Where injury leave has expired and the employee must be absent from work for an additional period. In order to qualify for sick leave payments, the employee must notify his supervisor not later than one (1) hour before his normal starting time on the first day of absence, unless the circumstances surrounding the absence make such reporting impossible, in which case such report must be made as soon as possible. Sick leave for doctor or dentist appointments must be requested forty-eight (48) hours in advance, except in emergency situations. Absence from work due to a non-duty incurred illness or injury will be compensated for by use of sick leave. In the event an employee requests sick leave for a period of longer than two (2) consecutive days, ., or for the day immediately preceding or following a holiday, hefshe maybe required by his/her immediate supervisor to submit a doctor's certificate verifying the illness and justifying the necessity of the absence. If the immediate supervisor determines that an employee's use of sick leave is not justified, the immediate supervisor shall have the authority to charge the absent time to the employee's vacation, personal leave, or compensatory time balance or to record the absent time as leave without pay. The City Manager, assisted by all supervisory personnel, shall be responsible for preventing abuses of sick leave. Sick leave shall not be considered leave time which an employee may use at his discretion for personal business. The employer may require medical proof of the necessity for said sick leave, in which event the involved employee shall be required to produce a statement from a medical doctor certifying to the necessity of such absence. In the event the employee fails to submit adequate proof of the necessity for sick leave, such leave shall be considered unauthorized leave and shall be without pay. If an employee is found to have abused this sick leave policy, he/she shall be subject to disciplinary action, including possible suspension or 40 dismissal. In the case of pregnancy, the pregnant employee will be permitted to continue working as long as she is physically capable to do so with the approval of her physician and supervisor. "Physically Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to which the employee is assigned, as determined by the City. If deemed necessary by the Chief Communications Technician, the employee must provide certification from a doctor of her choice that continued employment will not be detrimental to the employee's health. Vacation leave, personal leave, or compensatory time may be used to supplement sick leave when the latter is exhausted. All sick leave shall be requested by use of the established Leave Request Form. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in one-hour increments. Section 30.3 Payment for Unused Sick Leave. A. After at least ten (10) complete years (i.e. 120 months) of continuous service with the City, an employee, who is laid off or who qualifies for retirement benefits under the State of Ohio's "Public Employees Retirement System", and actually retires from City Service, shall be entitled to receive payment for accrued unused sick leave. The rate of pay for such unused sick leave shall be at the employee's straight time hourly rate of pay at separation multiplied by one-third (1/3) of the total number of accrued sick leave hours. Total payment under this provision shall not exceed 540 hours (67.5 paid days). In the event an employee dies while in the employ of the City, except as provided in paragraph (B) of this section, and the employee qualifies for his respective retirement/pension fund, his spouse, or secondarily, his estate shall be paid the aforementioned rate of redemption for accrued unused sick leave. B. If an employee is killed while performing his authorized, assigned job duties, his surviving ,~;,, spouse, or secondarily, the estate, shall be paid for one hundred percent (100%) of the value of the employee's accrued but unused sick leave, at the straight time rate in effect at the time of death. The amount so paid shall constitute payment in full for all accrued and unused sick leave credited to the employee. Section 30.4 Sick Leave Transfer from Prior Public EmploXgr. Any employee who has accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled to have this accrued sick leave transferred to the City of Dublin, provided the employee was hired by the City within ten (10) years of resignation/separation from the prior public Employer, and provided the City receives written verification of such prior service from the prior public Employer. 41 Section 31.1 Injury Leave with Pays. When an employee's absence from work is necessitated because of an illness or injury incurred while on the job with the City and said illness or injury is compensable under Ohio Worker's Compensation Law, injury leave shall be granted for a period not to exceed one hundred eighty (180) calendar days. Such leave shall be granted by the City Manager, or his designee, based upon the recommendation of the Chief of Police and upon submittal by the employee of a statement from a licensed physician justifying that the employee is unable to return to full work status due to the illness or injury. Such leave shall not be charged against the employee's sick leave balance unless it is determined that the illness or injury is a non- work-related illness or injury and is not compensable under Ohio Worker's Compensation Law. In order to be eligible for injury leave, the employee must report the illness/injury to his supervisor within three (3) work-days of the incident giving rise to the illness/injury. Simultaneously with the request for injury leave, the employee may also make application and actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the application for benefits is granted and the claim allowed, the City's obligation under the continued use of injury leave would be the monetary difference between the employee's regular rate of pay and benefits received under the Workers' Compensation system. However, as an alternative to lost wage benefits from Workers' Compensation, the City retains the right to continue approving injury leave in lieu of the employee pursuing lost wage benefits through Workers' Compensation. In cases where injury leave or medical leave are necessary, the City may employ alimited-duty work program which will provide for the attempted placement of Divisional personnel who are unable to perform in their normal capacity. The limitations imposed on injury leave shall be considered as limitations on leave granted as a result of each incident of awork-related illness/injury, rather than limitations on leave to be granted in any one calendar year or other unit of time. ARTICLE 32 SPECIAL LEAVES Section 32.1 Leave Without Pays. Leave without pay may be granted, upon the approval of the City Manager, or his designee, if requested in writing by the employee. An employee on leave without pay shall not accrue sick leave or vacation benefits and, for non-medicaUnon-family leave situations or for the period beyond twelve (12) weeks of family or medical leave, the employee will also be required to pay 100% of the cost associated with maintaining his medical, dental, vision, and/or life insurance coverages if he wishes any or all of said coverages continued. Failure 42 of any employee to report promptly at the expiration of such leave of absence shall be considered as a resignation. Leave without pay maybe granted for: A. Personal Leave. A leave without pay maybe granted at the discretion of the City Manager, or his designee, for personal reasons not to exceed thirty (30) days without loss of seniority, if the employee can be spared. This maybe extended only with the written approval of the City Manager, or his designee, and must be submitted in writing a minimum of two weeks prior to the requested date of the extension. B. Extended Illness or Accident Leave. A leave without pay maybe granted to an employee for a period not to exceed one (1) year without loss of seniority when such employee is physically unable to report for work because of illness or accident. The employee must promptly notify his supervisor of the necessity therefore (and the supervisor shall transmit the request to the City Manager, or his designee, for approval), and the employee must supply certification from a qualified physician attesting to the necessity for such absence. C. Maternity Leave. A maternity leave without pay may be granted to an employee without loss of seniority upon approval of the City Manager, or his designee. Extension of the leave may be granted for a period not to exceed one (1) year, if the employee's physician states in writing that such an extension is needed for recuperative health reasons. Leave without pay during the probationary period shall not be counted part of that period. D. Military Leave (Active Dutvl. Except as may otherwise be specifically provided herein, an employee may be granted a leave of absence without pay to be inducted into or otherwise enter the military on an active duty basis. Section 32.2 Leave with PaX,. Leave with pay may be granted upon the approval of the City Manager, or his designee, to an employee in the following instances: A. Court Leave. Leave with pay may be granted to an employee in order that he may serve required jury duty or if he is required by law to appear in a case resulting directly from the discharge of his duties as a City employee. In such cases, all witness or jury fees shall be signed over to the City. B. Bereavement Leave. In the event of a death in an employee's family, the employee shall be entitled to up to three (3) consecutive paid work days for a funeral service and/or burial, charged against the employee's existing sick leave balance, and an additional two (2) days, also charged against sick leave, for such services out of state, if needed for these purposes. Additional days of sick leave may be approved by the City Manager, or his designee, on a "case-by-case" basis, given the merits of each particular set of circumstances. The family, for purposes of bereavement leave, shall include: spouse, son, daughter, brother, sister, parent, legal guardian, person who stands in place of a parent, 43 grand-parent, grandchild, step-father, step-mother, step-brother, step-sister, step-son, step-daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-law, half brother and half sister, or any other relative living in the home of the employee. C. Military Reserve Leave. An employee who, as a member of the Ohio National Guard, the Ohio Defense Corporation, the Ohio naval Militia, or as a reserve member of the Armed Forces of the United States, is called upon to receive temporary military training, shall be entitled to a temporary leave of absence with pay for a period or periods not to exceed thirty (30) calendar days in any one (1) calendar year. An employee qualifying for paid military leave shall be paid his regular compensation less whatever compensation the employee may receive for such military service. D. Familv/Medical Leave (FMLA Leave. Pursuant to the Family and Medical Leave Act of 1993, FMLA leave may be granted to an employee who has been employed for at least twelve (12) months by the City and who has provided at least 1,250 hours of service during the twelve (12) months before the leave is requested. The leave maybe granted up to a total of twelve (12) weeks during any twelve (12) month rolling period for the following reasons: • Because of the birth of a child or placement for adoption or foster care of a child; • In order to care for the spouse, son, daughter, parent, or one who stood in place of a parent of the employee, if such spouse, son, daughter, parent, or "in loco parentis" has a serious health condition; • Because of a serious health condition that makes the employee unable to perform his/her employment functions. The employee must provide the employer with thirty (30) days advance notice of the leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice is not possible. The employee must provide the employer with certification of the condition from a health care provider. The employer, at employer's expense, may require a second opinion on the validity of the certification. If this second opinion contradicts the first opinion submitted by the employee, a third opinion, at the employer's expense, shall be sought from a mutually agreeable physician, which shall be binding on both the employee and employer. An employee seeking FMLA leave must first use paid sick time (if applicable), vacation, personal leave, and compensatory time before going on unpaid leave. The total amount of family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to family leave are both employed by the City, the aggregate number of workweeks of leave to which both may be entitled may be limited to 44 twelve (12) weeks taken because of the birth of a child or placement for adoption or foster care of a child. The employee will be responsible for his/her share of the health insurance cost (if any) during the unpaid leave. If the employee does not return from the leave, he/she is responsible for payment to the City of the monthly Single/Family rate paid by the City on behalf of the employee during the leave. The City may, at its sole discretion, waive the repayment of such amount. The City will be responsible for the 30 day plan costs under COBRA. It is intended that this Article comply with the Family and Medical Leave Act of 1993 and the City may promulgate policies in furtherance of the Family and Medical Leave Act that are not inconsistent with this Agreement. E. h r Leave with pay may be granted by the City Manager, or his designee, for good and sufficient reasons which are considered to be in the best interest of the City, but only in the event of extraordinary circumstances. ARTICLE 33 TRAINING AND TUITION REIMBURSEMENT Section 33.1 Training= In recognition of the value of continuing education and professional development of employees, the City agrees to provide training opportunities for employees within the bargaining unit at the City's expense. This training maybe either initiated by the City pursuant to a training schedule or by the employee, with the approval of the Chief of Police or his designee. The training shall be related to an employee's performance of his job duties or in preparation for job duties which may be assigned to the employee after completion of training. Reasonable effort shall be made to accommodate the training to the employee's regular work schedule. The Division shall endeavor to provide as much advanced notice as practical to employees regarding their training schedules. In that this training is awork-related duty, the employee shall receive all pay and benefits to which he is otherwise entitled during training. The expense for employees who are required or requested to attend training schools, seminars, or other instructional or educational programs, including examination to increase their knowledge and further their competency in their occupation with the Employer, shall be paid by the Employer as follows: A. Registration fees, tuition charges for the training school, seminar, or educational or other instructional programs. B. The employer shall pay for meals when not provided by the tuition. C. The employer shall pay the current rate for mileage, as determined by the IRS, when an 45 employee is not provided with aCity-owned vehicle. Where overnight lodging is provided at the City's expense, an employee will only be reimbursed for mileage to and from the training facility on one occasion each way unless otherwise approved or directed by the Chief. All other travel shall be considered to be non-work-related and non-reimbursable. Bus, train, or airfare at tourists rate will be provided for lengthy trips when travel is approved by the City Manager. D. Hotel or motel charges when lodging is not provided as a term of tuition payment. E. Hourly rates will be paid when schools or training are scheduled during regular working hours. F. All necessary tools and equipment required by the course of instruction. Checks maybe issued in advance for paragraphs A and D of this Section. Section 33.2 Tuition Reimbursement. A. Reimbursement Program. All employees of the bargaining unit may participate in the City's Tuition Reimbursement Program. Under this program, each employee shall be eligible for a maximum of Two Thousand Five Hundred Dollars ($2,500.00) in reimbursement per calendar year for fees and required textbooks, and courses of instruction voluntarily undertaken. Courses of instruction eligible for reimbursement under this program shall include courses necessary for job-related degree programs or courses of study not necessarily within ajob-related degree program but which are still job-related. In addition, only coursework provided by a recognized institution (e.g. college, university, community college, post secondary technical school, etc.) shall be eligible for reimbursement under this program. No reimbursement shall be approved for "" correspondence courses. B. Necessary Approval. All coursework subject to reimbursement shall be transmitted, in advance and through the Chief of Police, to the Director of Human Resources for approval. The Chief of Police shall provide a written recommendation concerning approvaUdisapproval of the request at time of transmittal to the Director of Human Resources. If practicable, an employee shall make application for approval of coursework at least fifteen (15) days prior to commencement of the course of study. The Director of Human Resources shall evaluate the employee's coursework/degree program for job- relatedness and shall notify the employee, in writing, regarding his approvaUdisapproval of said course-work/degree program on that basis. The City agrees that approval of coursework/degree program will not be unreasonably withheld. An employee may receive blanket approval for an entire degree program or a continuing course of study if all courses within the program are identified. If all or part of the program is approved, the employee need not reapply for approval for each course within the portion(s) approved. If 46 all or part of the program/coursework is disapproved by the Director of Human Resources, the employee may appeal, in writing, said disapproval directly to the City Manager within 72 hours of notification from the Director of Human Resources. The City Manager will issue a written decision on the employee's appeal within five (5) working days of receiving said appeal. C. Course Attendance. Courses are to be taken on other than scheduled working hours, unless approval is obtained from the Chief of Police, or his designee, to take such courses on work time. D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of a course with a grade of C (2.00) or better. The employee shall submit an official transcript or certificate demonstrating successful completion of the course and a receipt from the institution confirming the employee has paid for tuition, fees, and required textbooks. Any financial assistance available to an employee shall be deducted from the amount of tuition reimbursement that would otherwise be payable. The employee shall not be reimbursed for incidental expenses such as paper or supplies, mileage, parking, meals, or other expenses other than tuition, fees, and required textbooks. ARTICLE 34 TRAINING ASSIGNMENTS Section 34.1 Compensation. Any bargaining unit member who serves in the capacity as a trainer (FTO) shall be entitled to one-half hour of compensatory time for each eight (8) hour shift spent with the trainee during their formal training period. ARTICLE 35 EMPLOYEE INCENTIVE PROGRAMS Section 35.1 Employee Incentive Programs. Members of the bargaining unit shall be eligible for employee incentive programs (e.g. Personal Computer Purchase Program, Wellness Program incentives/awards, etc.) offered to other non-bargaining unit employees of the City. Eligibility to participate in these incentive programs and receipt of any awards through these programs shall be governed by the written program rules, regulations, and requirements as approved by the City Manager. Section 35.2 Emptoxee Discounts. Should Dublin City Council approve employee discounts in the future, the City agrees to apply such approved employee discounts to bargaining unit employees and non-bargaining unit employees alike. Likewise, any Council approved 47 modifications to present or future discounts will also be applied to bargaining unit employees and non-bargaining unit employees alike. ARTICLE 36 DURATION Section 36.1 Duration. All of the provisions of this Contract shall become effective upon execution by both parties, unless otherwise specified. This Contract shall continue in full force ""~"' and effect until December 31, 1999. Section 36.2 Signatures. Signed and dated at Dublin, Ohio on or as of this th day of FRATERNAL ORDER OF POLICE OHIO LABOR COUNCII,, INC. CITY OF DUBLIN 48