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Home My WebLink About02-09 ResolutionRECORD OF RESOLUTIONS Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE - OHIO LABOR COUNCIL (FOP-OLC), REGARDING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WITHIN THE COMMUNICATIONS TECHNICIAN BARGAINING UNIT Inc.. Form No. 30045 02-09 Resolartia~ No. WHEREAS, the City of Dublin and the Fraternal Order of Police -Ohio Labor Council (FOP - OLC) have reached a tentative agreement regarding wages, hours, terms and conditions of employment for employees within the Communications Technician bargaining unit; and WHEREAS, Council has determined that the attached Agreement should be ratified by Council; NOW, THERE ORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager be, and hereby is, authorized to enter into the attached Collective Bargaining Agreement with the Fraternal Order of Police -Ohio Labor Council (FOP-OLC), regarding wages, hours, terms and conditions of employment for employees within the Communications Technician bargaining unit. Section 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. Section 3. That this Resolution shall be effective immediately upon passage as provided under Section 4.04 (a) of the Revised Dublin Charter. Passed this~(~~ day of , 2009. // ~ n Mayor -Presiding Officer ATTEST: C~~~/t~vt~~ _ Clerk of Council CITY OF DUBLIN.. Oftice of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Marsha I. Grigsby, Interim City Manager ~~~~ ~Ml~` Date: January I5, 2009 111 Memo Initiated By: Paul Bittner, Labor Counsel Mike Epperson, Deputy City Manager/Chief of Police David Harding, Director of Human Resources Michele Hoyle, Budget Manager Re: Resolution No. 02-09, Ratifying Collective Bargaining Agreement with Fraternal Order of Police, Ohio Labor Council -Communications Technicians Summary Attached for your consideration is Resolution No. 02-09, authorizing the City Manager to enter into a Collective Bargaining Agreement (CBA) with the Fraternal Order of Police -Ohio Labor Council (FOP-OLC), regarding wages, hours, and terms and conditions of employment for employees within the Communications Technician bargaining unit. (The Communications Technician bargaining unit is comprised of 15 employees within the Division of Police.) Also attached for your reference is a ``publication ready" copy of the proposed Collective Bargaining Agreement and "redline" version showing the changes (highlighted in blue) from the previous Agreement. The term of this Agreement is three (3) years, from January 1, 2009 through December 31, 2011. The staff representative from the FOP-OLC has advised us that the proposed Agreement has been ratified by the bargaining unit. In addition, the City's labor attorneys have prepared a separate memo to Council providing a review of the legal strategy for collective bargaining provided to the City bargaining team. As this memo contains attorney-client privileged communication and discusses strategy for collective bargaining, it is provided under separate cover and will only be discussed in Executive Session. Key Economic Terms The City used comparable wage and benefit data from other local governments in the Central Ohio area, as well as internal comparable data to determine where economic increases were justifiable. The wage impact of this Agreement is projected to be $28,058 in 2009, $57,796 in 2010, and $87,267 in 2011, or a cumulative wage impact of $173,121. (Please refer to the attached cost estimate spreadsheet labeled "Additional Cost of FOP/OLC Agreement," which also shows the pension and Medicare costs associated with the increase in wages.) The key economic changes in this proposed Agreement are as follows: • Wages (Article 21). The wage rates reflect annual increases of 4% in 2009 and 2010, and 3.75% in 2011. (Please refer to the memo prepared by our labor attorneys.) ^ Sick Leave (Article 291. Sick leave accrual has been reduced by three (3) days annually, from 18 days to 15 days. Memo to Council re Res. 02-09 -FOP Contract -Communications Technicians January 15, 2009 Page 2 of 2 Also of note is the following: ^ The health care benefits under the previous CBA were identical to those available to non- union employees at the City. The employees covered by the proposed new CBA will be subject to the same terms as the FOP Capital City Lodge No. 9 (Police Officers, Corporals, and Sergeants) bargaining units and non-union employees. • The vacation leave benefits under the proposed CBA remain the same as under the previous CBA. • The personal leave benefits under the proposed CBA remain the same as under the previous CBA. • The longevity payment amounts for bargaining unit employees remain unchanged. • The CBA does not include short-term disability coverage. Short-term disability coverage has not been negotiated into any bargaining agreement. Recommendation Staff recommends that Resolution 02-09 be adopted at the January 20, 2009 Council meeting. Attachments Additional Cost of FOP/OLC Agreement January 1, 2009 -December 31, 2011 2009 2010 2011 Total Wage increases $ 28,057.52 $ 57,796.44 $ 87,267.43 $ 173,121.39 Pension/Medicare 4,334.89 8,929.55 13,482.82 26,747.25 Total Added Cost of Agreement $ 32,392.40 $ 66,725.99 $100,75015 $ 199,868.64 Reflects annual wage increases of 4%, 4% and 3.75%, respectively, as well as step increases for employees not at the top step. REDLINE VERSIQN CITY QF DUBLIN, CQLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY QF DUBLIN AND THE FRATERNAL QRDER QF PQLICE, QHIQ LABQR CQUNCIL, INC. DISPATCHERS BARGAINING UNITS CQNTRACT PERIQD: JANUARY 1, 2009 THRQUGH DECEMBER 31, 2011 TABLE 4F CONTENTS ARTICLE 1 -CONTRACT ............................................................................ ..............................1 Section 1.1 Contract ............................................................................... ..............................1 Section 1.2 Purpose ................................................................................ ..............................1 Section 1.3 Savings Clause .................................................................... ..............................1 Section 1.4 Conflicting Agreements ...................................................... ..............................1 Section 1.5 Contract Amendments ........................................................ ..............................1 Section 1.6 Applicability ....................................................................... ..............................1 ARTICLE 2 -RECOGNITION ...................................................................... ..............................1 Section 2.1 Recognition ......................................................................... ..............................1 Section 2.2 Bargaining Unit ................................................................... ..............................2 ARTICLE 3 -UNION BUSINESS ................................................................. ..............................2 Section 3.1 Dues Deduction ................................................................... ..............................2 Section 3.2 Fair Share Fee ..................................................................... ..............................3 Section 3.3 Bulletin Boards ................................................................... ..............................3 Section 3.4 Meeting Locations .............................................................. ..............................3 Section 3.5 Ballot Boxes ........................................................................ ..............................4 Section 3.6 Use of Intra-Department Mail ............................................. ..............................4 Section 3.7 Use of Employer's Property/Equipment ............................. ..............................4 Section 3.8 Bargaining Unit Representatives ........................................ ..............................4 Section 3.9 Negotiating Committee ....................................................... ..............................4 ARTICLE 4 -NONDISCRIMINATION ....................................................... ..............................5 Section 4.1 Joint Pledge ......................................................................... ..............................5 Section 4.2 Employer Pledge ................................................................. ..............................5 Section 4.3 Union Pledge ....................................................................... ..............................5 Section 4.4 Gender Reference ................................................................ ..............................5 ARTICLE 5 -MANAGEMENT RIGHTS .................................................... ..............................5 Section 5.1 Management Rights ............................................................ ..............................5 ARTICLE 6 - LABOR/117ANAGEMENT MEETINGS ............................... ..............................6 Section 6.1 Meetings .............................................................................. ..............................6 ARTICLE 7 -SAFE EQUIPMENT ............................................................... ..............................7 Section 7.1 Safe Equipment ................................................................... ..............................7 ARTICLE S -GRIEVANCE PROCEDURE ................................................ ..............................7 Section 8.1 Definition ............................................................................ ..............................7 Section 8.2 Jurisdiction .......................................................................... ..............................7 Section 8.3 Qualifications ...................................................................... ..............................7 i Section 8.4 Grievance Form ................................................................................................8 Section 8.5 Grievance Procedure .........................................................................................8 Section 8.6 Right to Representation ...................................................................................10 Section 8.7 Extension of Time Limits ...............................................................................10 ARTICLE 9 -INTERNAL REVIEW PROCEDURES .............................................. ..............10 Section 9.1 Scope ................................................................................................. ..............10 Section 9.2 Informal Process for Non-Serious Complaints or Offenses ............. ..............10 Section 9.3 Notification ....................................................................................... ..............11 Section 9.4 Right to Representation ..................................................................... .............. l 1 Section 9.5 Conduct of Questioning .................................................................... ..............11 Section 9.6 Access to Tapes and Documents ....................................................... ..............12 Section 9.7 Citizen Complaint ............................................................................. ..............12 Section 9.8 Initial Investigation ........................................................................... ..............12 ARTICLE 10 -DISCIPLINE ........................................................................................ ..............13 Section 10.1 Discipline for Cause ........................................................................ ..............13 Section 10.2 Progressive Discipline .................................................................... ..............13 Section 10.3 Disciplinary Action ......................................................................... ..............13 Section 10.4 Pre-Disciplinary Conference ........................................................... ..............14 Section 10.5 Copy of Discipline Record .............................................................. ..............14 Section 10.6 Appeal ............................................................................................. ..............14 ARTICLE 11 -PERSONNEL RECORDS .................................................................. ..............15 Section 11.1 Personnel Files ................................................................................ ..............15 Section 11.2 Retention of Records ....................................................................... ..............15 Section 11.3 Inaccurate Documents ..................................................................... ..............16 ARTICLE 12 -WORK RULES ..................................................................................................16 Section 12.1 Work Rules ...................................................................................................16 ARTICLE 13 -POLITICAL ACTIVITY ........................................................... .......................16 Section 13.1 Political Activity .................................................................... .......................16 ARTICLE 14 -SENIORITY ................................................................................ .......................17 Section 14.1 Seniority ................................................................................. .......................17 Section 14.2 Application of Seniority -Vacation Leave ............................ .......................17 Section 14.3 Application of Seniority -Shift Assignments ........................ .......................18 Section 14.4 No Posting Response ............................................................. .......................18 ARTICLE 15 - ElVIPLOYEE ASSISTANCE PROGRAM ............................... .......................18 Section 15.1 Employee Assistance ............................................................. .......................18 Section 15.2 Coverage Terms & Conditions .............................................. .......................19 Section 15.3 Clther F,AP Terms & Conditions -------------------------------------------- -----------------------19 ARTICLE 16 -SUBSTANCE ABUSE AND TESTING ..........................................................20 ii Section 16.1 Purpose ............................................................................... ...........................20 Section 16.2 Responsibility .................................................................... ...........................21 Section 16.3 Definitions .......................................................................... ...........................21 Section 16.4 Prohibited Conduct ............................................................ ...........................21 Section 16.5 Inspections ......................................................................... ...........................22 Section 16.6 Reasonable Suspicion Testing ........................................... ...........................22 Section 16.7 Testing Determination ....................................................... ...........................22 Section 16.8 Urine Samples .................................................................... ...........................22 Section 16.9 Drug Testing Procedure ..................................................... ...........................23 Section 16.10 Drug Test Results ............................................................. ...........................23 Section 16.11 Alcohol Testing ................................................................ ...........................24 Section 16.12 Alcohol Testing Procedure and Results ........................... ...........................24 Section 16.13 Discipline/Rehabilitation ................................................. ...........................24 ARTICLE 17 -CONTRACT COPIES ............................................................ ...........................25 Section 17.1 Contract Copies .................................................................. ...........................25 ARTICLE 18 - (RESERVED) .....................................................................................................25 ARTICLE 19 -REIMBURSABLE BUSINESS EXPENSES ..................................................25 Section 19.1 Reimbursable Business Expenses .................................................................25 ARTICLE 20 -LAYOFFS ..........................................................................................................26 Section 20.1 Layoffs ..........................................................................................................26 Section 20.2 Call-Back ......................................................................................................26 ARTICLE 21 -RATES OF PAY/WAGES ................................................................. Section 21.1 Wages ............................................................................................. Section 21.2 Appointment and Advance Step Hiring ......................................... Section 21.3 Step Advancement ......................................................................... Section 21.4 Application of Pay Rates ............................................................... Section 21.5 Instant Bonus Program ................................................................... Section 21.6 Longevity Pay ................................................................................ Section 21.7 Shift Differential ............................................................................ ARTICLE 22 -HOURS OF WORK AND OVERTIME .......................................... Section 22.1 Workweek ...................................................................................... Section 22.2 Overtime ........................................................................................ Section 22.3 Seventh Consecutive Day of Work ................................................ Section 22.4 Overtime Rotation .......................................................................... Section 22.5 Call In Pay/Court Pay .................................................................... Section 22.6 Compensatory Time ....................................................................... Section 22.7 Payment For Accrued Compensatory Time Upon Separation....... Section 22.8 Use of Compensatory Time ........................................................... ..........26 ..........26 ..........27 ..........27 ..........27 ..........27 ..........27 ..........28 ..........29 ..........29 ..........29 ..........29 ..........29 ..........30 ..........30 ..........31 ..........31 iii ARTICLE 23 -RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS .............................................................................................................31 Section 23.1 Return to Duty ...............................................................................................31 Section 23.2 Return from Military Service ........................................................................31 Section 23.3 Reinstatement from Authorized Leave .........................................................31 ARTICLE 24 -UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT ......................................................................... .......................32 Section 24.1 Initial Issue ............................................................................. .......................32 Section 24.2 Change in Issuance ................................................................ .......................32 Section 24.3 Uniform and Equipment Replacement ................................... .......................32 Section 24.4 Dry Cleaning/Laundering ...................................................... .......................33 Section 24.5 Damaged, Destroyed, Lost Personal Property ....................... .......................33 Section 24.6 Termination ............................................................................ .......................33 ARTICLE 25 -VACATION LEAVE ..................................................................................... ...34 Section 25.1 Vacation Year ............................................................................................ ...34 Section 25.2 Conditions for Accrual ............................................................................... ...34 Section 25.3 Vacation Accrual Schedule ........................................................................ ...34 Section 25.4 Vacation Carry-Over .................................................................................. ...35 Section 25.5 Vacation Scheduling/Use ........................................................................... ...35 Section 25.6 Rates of Pay for Vacation Hours ............................................................... ...36 Section 25.7 Payment for Accrued Vacation Leave Upon Resignation/Separation or Death ................................................................................................................... ... 36 ARTICLE 26 -HOLIDAYS .......................................................... ..............................................36 Section 26.1 Paid Holidays .................................................. ..............................................36 Section 26.2 Special Holidays ............................................. ..............................................36 Section 26.3 Holiday Work .................................................. ..............................................36 Section 26.4 Holiday Pay ..................................................... ..............................................37 ARTICLE 27 -PERSONAL LEAVE ........................................................................................37 Section 27.1 Allocation & Usage of Leave .......................................................................37 Section 27.2 Payment for Unused Personal Leave Upon Layoff or Death .......................38 ARTICLE 28 -INSURANCE .....................................................................................................38 Section 28.1 Medical, Dental, & Vision Benefits ..............................................................38 Section 28.2 Liability Insurance ........................................................................................45 Section 28.3 Change in Carriers ........................................................................................45 Section 28.4 Life Insurance ...............................................................................................45 ARTICLE 29 -SICK LEAVE ................................................................................ ....................46 Section 29.1 Sick Leave Accrual ................................................................... ....................46 Section 29.2 Use of Sick Leave ..................................................................... ....................46 Section 29.3 Conversion of Sick Leave ......................................................... ....................47 Section 29.4 Sick Leave Transfer from Prior Public Employer .................... ....................49 iv ARTICLE 30 -INJURY LEAVE ........................................................................... ....................49 Section 30.1 Injury Leave with Pay ............................................................... ....................49 ARTICLE 31 -SPECIAL LEAVES ....................................................................... ....................50 Section 31.1 Leave Without Pay .................................................................... ....................50 Section 31.2 Leave with Pay .......................................................................... ....................50 ARTICLE 32 -LEAVE DONATION PROGRAM .............................................. ....................52 Section 32.1 Purpose ..................................................................................... ....................52 Section 32.2 Definitions ................................................................................. ....................53 Section 32.3 Program Regulations ................................................................ ....................53 ARTICLE 33 -TRAINING AND TUITION REIMBURSEMENT ................... ....................56 Section 33.1 Training ..................................................................................... ....................56 Section 33.2 Tuition Reimbursement ............................................................ ....................57 ARTICLE 34 -EMPLOYEE INCENTIVE PROGRAMS ........................... ...........................58 Section 34.1 Employee Incentive Programs ........................................... ...........................58 Section 34.2 Employee Discounts .......................................................... ...........................58 ARTICLE 35 -TRAINING ASSIGN112ENTS ............................................... ...........................58 Section 35.1 Compensation .................................................................... ...........................58 ARTICLE 36 -DURATION ............................................................................ ...........................59 Section 36.1 Duration ............................................................................. ...........................59 Section 36.2 Signatures ........................................................................... ...........................59 v ARTICLE 1 CONTRACT Section 1.1 Contract. This Contract is made and entered into at Dublin, Ohio by and between the City of Dublin, as the Employer, also referred to as "Employer", City„ or "Division", and the Fraternal Order of Police, Ohio Labor Council, Inc., hereinafter referred to as the "F.O.P./O.L.C.", O.L.C., or the Union. 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 Savings Clause. 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 (34) days of receipt of the «~ritten request, in an attempt to modify the invalidated provisions by good faith negotiations. Section 1.4 Conflicting Agreements. The Employer, the Union, 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. Section 1.5 Contract Amendments. 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 1.6 Applicability. 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 Reco6nition. The Employer recognizes the Union as the sole and exclusive representative for all employees in the bargaining unit described herein in any and all matters relating to wages, hours, terms and conditions of employment, and the continuation, 1 modification, or deletion of an existing provision of this Contract and for the administration of this Contract. Section 2.2 Bar~ainin~ Unit. There shall exist in the City of Dublin a bargaining unit consisting of: All full-time Communications Technicians as certified by the State Employment Relations Board in case #~92-REP-06-0134 November 5, 1992, who are employed by the Employer, excluding Communications Supervisors. References throughout this Contract to bargaining unit members shall mean employees within the bargaining unit. ARTICLE 3 UNION BUSINESS Section 3.1 Dues Deduction. The Employer agrees to deduct Union membership dues in the amount certified by the Union to the Employer_,_ One-half (1;`2) of such dues shall be deducted from each of the first t«-~o pay periods of each month from the pay of any Union member requesting the same in writing. The Employer also agrees to deduct Union initiation fees and assessments, in the amount certified by the Union to the Employer, the first two pay periods of each month, in which such fees and assessments are due, from the pay of any appropriate Union member. If a deduction is desired, the Union member shall sign a payroll deduction form. Once each calendar month, a warrant in the aggregate amount of the deductions made for that calendar month, together with a listing of the Union members for whom deductions were made, shall be furnished to the~Director of the Union. Nothing herein shall prohibit Union members covered by this Contract from submitting dues directly to the Union. The Employer shall provide the Union with additional payroll deductions for the purpose of the Union providing additional non-employer-provided employee benefits, providing the Employer's payroll accounting system possesses sufficient capacity and capability for additional deductions, and that the City determines that such deduction is for a legitimate program, the provisions under such a program are not substantially similar to programs already offered through payroll deduction, and further, that at least sixty percent (60%) of the bargaining members declare interest (in writing) in enrolling in such a program. No other employee organization's dues shall be deducted from any employee's pay for the duration of this Contract. The Union agrees to hold the Employer harmless should any deductions be found to have been unlawfully, illegally or improperly taken. Further, the Union agrees to indemnify the Employer and to provide legal counsel in defending any action claiming that a deduction has been unlawfully, illegally or improperly made and will further reimburse the Employer for any 2 payments made by the Employer as a result of any finding by an administrative agency or court of law that it has unlawfully, illegally or improperly made deductions. Section 3.2 Fair Share Fee. Bargaining unit employees who are not members of the Union shall, as a condition of employment, pay to the Union a fair share fee. The amount of the fair share fee shall be determined by the Union, but shall not exceed dues paid by members of the Union who are in the bargaining unit. Such fair share fee shall be certified by the Union to the Employer at such time during the term of this Contract as necessary to be accurate. Such payment shall be subject to an internal Union rebate procedure meeting all requirements of state and federal law. For the duration of the Contract, such fair share fee shall be automatically deducted by the Employer from the payroll check of each bargaining unit employee who is not a member of the Union. Dne-half (112) of the automatic deduction shall be made in the first two pay periods of each month. The Employer agrees to furnish the Assistant Director of the Union once each calendar month, a warrant in the aggregate amount of the fair share fees deducted for that calendar month, together with a listing of the bargaining unit employees for whom said deductions are made. The automatic deduction shall be initiated by the Employer whenever a bargaining unit employee who is not a member of the Union has completed ter- the employee's first sixty (60) days of employment. The Union agrees to hold the Employer harmless should any deductions be found to have been unlawfully, illegally or improperly taken. Further, the Union agrees to indemnify the Employer and provide legal counsel in defending any action claiming that a deduction has been unlawfully, illegally or improperly made and will reimburse the Employer for any payments made by the Employer as a result of any findings by an administrative agency or court of law that it has unlawfully, illegally or improperly made deductions. Section 3.3 Bulletin Boards. The City agrees to provide bulletin board space at Division headquarters. Union bulletins and Union material will be permitted to be posted on this bulletin board space. Non-bargaining unit members shall not be permitted to remove, add to or alter the material posted on this designated space unless said material contains obscene, racially or sexually offensive material. Section 3.4 Meetin6 Locations. The Union shall be permitted, upon prior notification to the Chief of Police, to hold meetings, for the bargaining unit membership, at police headquarters or other City building, room or facility. The notification required under this Section shall be in writing {hard copy or e-mail), shall be delivered to the Chief, or 1~ the Chief's designee, 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 Union on the date and at the time specified in the Union's notification to the Chief. However, if it is not practicable for the Employer to provide the requested location to the Union, the Employer will so notify the 3 Union and make every effort to provide for an alternate 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 lithe Chief's designee. Such approval shall not be unreasonably withheld. No bargaining unit employee or member of the Union shall be obligated or asked to divulge to the Employer information discussed at said meetings. Section 3.5 Ballot Boxes. The Union shall be permitted, upon prior notification to the Chief of Police, to place a ballot box at Division headquarters for the purpose of collecting members' ballots on all Union issues subject to ballot. Such box shall be the property of the Union and neither the ballot box nor its contents shall be subject to the Employer's review. Section 3.6 Use of Intra-Department Mail. The Union shall be permitted to utilize the intra- departmental mail (including electronic mail} system for the purpose of providing information pertaining to Union business or bargaining unit representation, to bargaining unit employees. The Union agrees that the use of the mail system will be reasonable and limited to providing information that is necessary for the normal conduct of Union business or bargaining unit representation. All mail placed into the mail system by the Union shall be the property of the bargaining unit employees to whom it is addressed, shall be clearly labeled as Union mail, and such mail shall not be subject to the Employer's review. Section 3.7 Use of Employer's Property/Equipment. When possible, a Union representative will give advance notice and obtain approval from the Chief or l~s the Chief's designee if the Union intends to use the Employer's equipment or property for Union 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 1~ the Chief's designee to use the equipment or property will not be withheld without a valid reason. Section 3.8 Bar~ainin~ Unit Representatives. Representatives of the Union shall be permitted to transact official Union business at Divisional work sites at all reasonable times, provided that this shall not interfere with or interrupt normal Division operations. The bargaining unit is authorized to select one (1} employee representative and two (2) alternates to conduct bargaining unit business. The employee representative, upon giving reasonable notice, and upon receiving authorization from the Communications Supervisor, or in his Communication Supen~isor's absence the Technical Services Bureau Commander, shall be allowed reasonable time off during regular working hours to investigate a grievance, consult with the Employer in addressing labor/management issues, process a grievance, or assist in the settlement of a dispute. Permission to perform these functions shall not be unreasonably denied. Section 3.9 Ne~otiatina Committee. On days when actual negotiation sessions are scheduled, representatives will have their work schedule altered to day shift provided said change can be made without creating any overtime obligation to the City and it does not take any shift below minimum staffing levels as determined by the Division of Police. The Union will notify the 4 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 Union negotiation committee will be allowed to attend work sessions of the negotiation committee while on duty if their attendance would reduce staffing during said time period below minimum staffing levels as set by the Division of Police. 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 Union related business outside their scheduled shift, shall not constitute hours worked. ARTICLE 4 NONDISCRIMINATION Section 4.1 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 4.2 Employer Pledge. The Employer agrees to not interfere with the right of the employees to become members of the Union. There shall be no disparate treatment, interference, restraint or coercion by the Employer or any representative of the Employer against any employee because of Union membership or because of any lawful employee activity in an official capacity on behalf of the Union. Section 4.3 Union Plecl~e. The Union, 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 Union. The Union 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. p._~,_,.., ~aa__ .. sa_aa__a ..sa_ asa._a_ b_aa_._a a.. _...__., a., ..aa__aa .._ _..~a....a _.___ .,.. aaa_a... ___ saa-..a_ »aa_. s_asa-..a_ .."'Y ARTICLE MANAGEMENT RIGHTS Section 5.1 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: A. hire, discipline and discharge for just cause, layoff, and promote; B. promulgate and enforce reasonable employment rules and regulations; C. reorganize, discontinue, or enlarge the Division of Police; D. transfer employees (including the assignment and allocation of work) within the Police Division; E. introduce new and/or improved equipment, methods and/or facilities, to determine work methods; F. determine the size and duties of the work force, the number of shifts required, and work schedules; G. establish, modify, consolidate, or abolish jobs (or ranks); H. 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 ernployee or l~ the employee's Llnion representative may raise a legitimate complaint or file a grievance based upon the provisions of this Article. ARTICLE 6 LABOR/MANAGEMENT MEETINGS Section 6.1 Meetings. In the interest of sound labor/management relations, upon request of either party, at a mutually agreeable date and time, not more than four (4) representatives of the Employer shall meet with not more than three (3) Union employee representatives and one (1) non-employee Union representative to discuss pending issues and/or problems and to promote a more harmonious labor/management relationship. Upon either party's request these meetings will be held at least semi-annually at mutually agreeable times, but may be held more often by agreement. 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: 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; 6 C. Disseminate general information of interest to the parties, or discuss potential grievances when agreed to by both 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 7 SAFE EQUIPMENT Section 7.1 Safe Equipment. 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. ARTICLE 8 GRIEVANCE PROCEDURE Section S.1 Defmition. 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 the Grievance Procedure be used to effect changes in this Contract, nor in those matters not covered by this Contract. Section S.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 shall not be subject to this Grievance Procedure, or be processed hereunder. Except as provided above, the Grievance Procedure, as set forth in this Article, shall be the exclusive remedy for bargaining unit employees. Section S.3 Qualifications All grievances must proceed through the Grievance Procedure described in Section 8.5 of this Contract, and 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 unless the occurrence that gave rise to the grievance originates at another step. The grievant may either initiate 1~ a grievance at Step 1 or at the 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, may be advanced by the employee to the next Step in the Grievance Procedure. All time limits on grievances set forth herein, may be extended only by mutual written consent of the parties. 7 A grievance may be 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 8.4 Grievance Farm. 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 violated; E. Date grievance was first discussed; 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 its accounting, duplication and distribution of grievance forms. Section 8.5 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 reasonable effort shall be made by the Employer to effect the resolution of grievances at the earliest possible step. In furtherance of this objective, the following procedure shall be followed: A. Step 1 -Informal. The employee shall orally present the grievance to the employee's immediate supervisor within fourteen (14) calendar days from the time the employee becomes aware of the occurrence which gave rise to the grievance. The immediate supervisor shall investigate and provide an appropriate answer within fourteen (14) calendar days following an informal meeting at this Step. There shall be no prohibition against having a grievance representative present. B. Step 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) calendar days of the answer at Step 1, present the written grievance to the Chief of Police or l~ the Chief s designee. The Chief of Police or 13is- the Chief's 8 designee shall investigate and respond, in writing, to the employee within fourteen (14) calendar 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 or the Union Staff Representative wishes to proceed to Step 3, the employee shall present. the written grievance to the City Manager or ~ the City l~Iana~er's designee within seven (7) calendar days from receipt of the Step 2 answer. The City Manager or lithe City Manager's designee shall investigate the matter and shall meet with the €~employee and lithe employee's desired representative within fourteen (14) calendar days of the receipt of the grievance. A written response to the grievance shall be provided to the employee(s) within fourteen (14) calendar days following the meeting at Step 3. D. Step 4 -Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union Staff Representative may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or ~s-the City Manager's designee within fourteen (14) calendar days following the date of the response outlined in Step 3, the grievance shall be considered resolved. After receipt of a request to arbitrate from the Union, a designee of the City Manager and the Union shall attempt to agree on an arbitrator. The parties shall make 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. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Contract. The question of arbitrability of a grievance, may be raised by either party before the arbitration hearing on the grievance, on the grounds that the matter is not arbitrable or beyond the ~aribtrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of the arbitrator. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the ~4arbitrator 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 Aarbitrator shall have the authority to award modification of said discipline. The arbitrator shall render, in writing, lithe arbitrator's 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 9 Manager, or Iri~the City l~•Ianager's designee, and to the FOP/O.L.C. ''yRepresentative, or lithe FOP•%O.L.C. ""Representative's designee. Any employee who is expected to testify, and whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the employee's regular work hours. Any expense related to any non- employee witness(es) shall be borne by the party requesting the non-employee attendance at the arbitration hearing. Both the Union and the Employer shall share equally in the cost of the arbitration proceedings. Section 8.6 Right to Representation. A grievant has a right to representation at all Steps of the Grievance Procedure and shall have an opportunity to fairly present lithe grievance 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 8.7 Extension of Time Limits. It is the Employer's and the Union'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 Union'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 employee desires to receive a response, the employee can request that the particular official at the applicable Step respond in writing. The employee will hand deliver a memorandum to both the Chief or l~rthe Chief's designee and the u„r~^r D°n°,,..,.°° T';r°„+^r Director of Human Resources or h~the Director of Human Resources' designee requesting such a response. The applicable official will then respond within seven (7) calendar days from the receipt of the memorandum. If a response is not forthcoming within the seven (7) calendar day period the grievance is presumed granted by the City in frill and the City shall implement the requested remedy, except if the requested remedy would constitute a violation of law. ARTICLE 9 INTERNAL REVIEW PROCEDURES Section 9.1 Scope. Except for the informal procedure for non-serious complaints or alleged non- serious offenses described in Section 9.3 below, 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. Section 9.2 Informal Process for Non-Serious Complaints or Offenses. In recognition of the fact that many types of complaints are of a very minor or non-serious nature which can be 10 resolved at an initial, informal stage, the following procedure may be adhered to where an informal resolution is likely to occur. After 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 a Communications Supervisor, Shift Sergeant, Support Services Lieutenant, or Chief, 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. If the matter is not resolved at the informal level, it shall be set for a meeting and subject to the principles of progressive discipline. If the matter is not informally resolved, a meeting shall be set with the accused employee within seventy-two (72) hours at the direction of the Chief of Police or lithe Chief's designee. The employee, at the employee's choosing, may bring a representative to this meeting. The purpose of this meeting is to formally provide the accused employee with the complaint in writing. At that time, the Communications Supervisor will again be permitted to gather information pertinent to the complaint from the accused employee with the presence of l~-a. representative. Section 9.3 Notification. An employee shall be informed of the nature of the investigation (whether disciplinary or criminal) and shall be provided ~~vritten notice of the specific factual allegations made against 1-the emplo•~(except at the informal level), including a copy of the written complaint made against the employee, prior to any questioning. If either felony or misdemeanor charges are contemplated, the employee shall be informed of 1~-the employee's constitutional rights in advance of any questions. Section 9.4 12ialit to Representation. All questioning sessions shall be scheduled so that the employee has an opportunity to obtain representation from the Union. 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 9.5 Conduct of Questioiun~. 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 lithe employee's shift, preferable during lithe employee's working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's attendance to physical necessities. 11 B. Before an employee may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, hey-the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refuses 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 lithe employee's 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 l~Union representative or attorney. The employee and h~Union representative or l3i~Union attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief's designee, to listen to make personal notes regarding a tape made of lithe employee's interview by the Division. D. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee may be 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 paragraph (B) of this Section. E. In the course of questioning, an employee may only be give a polygraph examination with lithe employee's consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Union. Section 9.6 Access to Tapes and Documents. Once the investigation is completed, and no later than two (2) days after requested, and reasonably in advance of any Pre-Disciplinary Conference, the employee who is subject to questioning, and ~-the employee's Union representative or attorney where one is im~olved, 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. Section 9.7 Citizen Complaint. 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 within thirty (34) calendar days after the date of the alleged event upon which the complaint is based. If the incident alleges conduct which, if true, could lead to criminal charges, the thirty (34) day requirement shall not be applicable. Section 9.8 Initial Investigation. All complaints, internal investigations and Divisional charges should initially be under the province of the Communications Supervisor. If the Communications Supervisor is not on-duty, the Officer-In-Charge (O.I.C.) will be responsible for noting the incident and forwarding it to the Communications Supervisor or the Support Services Lieutenant no later than forty-eight (48) hours after the incident. When the incident is forwarded, the Communications Supervisor will investigate and make recommendations to the 12 Chief. If the Communications Supervisor 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 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 2. ARTICLE 10 DISCIPLINE Section 10.1 Discipline for C"ause. 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 Em to er; or off-dut ~~~+~„~ '~~-„~~'~ as an employee of the Division or while engaged in conduct that might affect lithe employee's ability to perform l~duties as an employee. The employee may not be disciplined for actions on 1~-the emplo_ e~own personal time that do not reflect directly on the Division, ~-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 10.2 Progressive Discipline. 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. 13 When disciplinary action is first proposed, the employee and h~emplo e~representative will be allowed an opportunity, if desired to meet «~ith the appropriate supervisor to discuss the proposed discipline. Section 10.3 Disciplinary Action. The prerogative to issue oral reprimands and written reprimands rests solely within the Divisional hierarchy of authority. Where there is reason to 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 specify charges and the proposed penalty against the employee, which charges shall be heard in aPre-Disciplinary Conference, as established in Section 10.4. In specifying charges, the Chief shall provide the employee with all evidence supporting the charges. Section 1a.4 Pre-Disciplinary Conference. When charges are specified by the Chief, aPre- Disciplinaiy 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 h~the City Mana6er's designee. Not less than seven (7) calendar days prior to the scheduled Pre-Disciplinary Conference, the Chief will provide the employee with written notice of the preferred charges. The erployee may choose to: 1) appear at the Conference to present an oral or written statement in his--the employee's defense; 2) appear at the Conference with a Union representative or attorney; or 3) elect to waive (in writing) the opportunity to have aPre-Disciplinary Conference. At the Pre-Disciplinary Conference, the City Manager, or ~s-City 1~•7ana e~ is designee, will ask the employee or employee's representative to respond to the preferred charges. At the Pre- Disciplinary Conference, the employee or 1~-the emplo_ e~representative shall be permitted to offer testimony and evidence in h~the employee's defense, call witnesses material to his--the employee's defense, and confront h~the employee's accusers. The employee or his_-the employee's representative shall provide a list of witnesses to the City Manager or lithe City l~•7anager's designee as far in advance as possible, but no later than two (2) calendar days prior to the Pre-Disciplinary Conference. It is the employee's responsibility to notify h~the employee's witnesses that h~the employee desires their attendance at the Pre-Disciplinary Conference. ~ A written report will be prepared by the City Manager, or h~the City l~Iana~er's 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 lithe employee's representative within fourteen (14) calendar days following the Conference. Pre-Disciplinary Conferences shall be tape-recorded. A copy of the recording shall be furnished to the employee, the Union representative, or'~:~the employee's attorney, upon 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. 14 Section 10.5 Copy of Discipline Record. Whenever a disciplinary action is taken which results in a disciplinary action of record, (Section 1a.2), the employee shall be given a copy of such record. Section 10.6 Appeal. The Union may elect to appeal the disposition made by the City Manager or lithe City Manager's designee directly to arbitration as provided in Section 8.5 D. of this Contract. In the event the Union 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 lithe City Mana eg is designee within fourteen (14) calendar days of the City Manager's, or h~the City Niana~er's designee's, written determination. ARTICLE 11 PERSONNEL RECORDS Section 11.1 Personnel File. One, ~~~' ~~'~~ ~~~,~1,) 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 lithe employee's o~~~n personnel file at reasonable times in the presence of the u,,._...~ n,.,.,.,,~,.~n T,:.~,~~.~.-Director of Human Resources, or h~the Director of Human Resources' designee, upon written request to the Director of Human Resources or the Director of Human Resources' designee. During the term of this Contract, each employee may obtain ones copy of l~-the employee's own 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. 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 and evaluation profiles, etc.); such selection records/materials shall be made available for inspection of the employee upon request to the u,,..,.,~ ~„r,.•,..,,,,r ~~Director of Hurnan Resources or the Director of Human Resources' designee. The confidentiality of matters contained in the personnel files shall be the responsibility of the Director of Human Resources or the Director of Human Resources' designee who shall release only such information required 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 Records 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. 15 Section 11.2 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-the employee's period of employment. Record of documented oral reprimands will not be 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 (3Q) 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 limit(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, pursuant to this _4rticle. Section 11.3 Inaccurate Documents. If, upon examining lithe employee's o~~~n personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, lithe employee may write a memorandum to the n,,..r,.~~„' T'"'^^+~~- Director of Huinan Resources explaining the alleged inaccuracy. If the Director of Human Resources wiz concurs with the employee's contentions, lithe Director of Human Resources 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. I~The Director of Human Resources may also attach the memorandum to the document and note l~anv disagreement with memorandum's contents. ARTICLE 12 WORK RULES Section 12.1 Vt~ork 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 allegation by an employee that a work rule or Departmental/Divisional 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 13 POLITICAL ACTIVITY Section 13.1 Political Activity. In addition to other rights, as permissible by law: 16 A. An employee is permitted outside the City, to actively participate in partisan 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 hi~the employee's official capacity as an employee of the Employer or is sanctioned by the Employer. B. An employee is permitted within the 'City to exercise ',""the employee's rights as a citizen to express ~ the employee's personal opinions and to cast the employee's 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 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 elective office. ARTICLE 14 SENIORITY Section 14.1 Senority. For purposes of this Contract, "Seniority" shall be defined as total continuous service when hired as a full-time employee within the Communications Center. Seniority shall begin to accumulate on the date an individual becomes employed in a full-time position within the Communications Center; however, should more than one (1) individual be hired on the same day, seniority preference will be determined by the individual's relative ranking on the Final Eligibility List. 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. 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 from a position within the Communications Center. An employee who has a "break in service" and who is subsequently rehired or reinstated, shall not receive continuous service credit and will be placed at the bottom of the seniority list. 17 The following shall not constitute a break in service: A. If an employee is reinstated due to the disaffirmance of removal or layoff; B. When an employee leaves ~ne~the employee's position as a Communications Technician for a promotion or lateral move within the Communications Center. Section 14.2 Application of Seniority -Vacation Leave. 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. Section 14.3 Application of Seniority -Shift Assignments. Assignments to shift and shift slots shall be posted for fifteen (15) days and shall lie made by means of seniority unless the Chief determines that the effective operation of the Division dictates that seniority not be the determining factor for shift assignments and shift slots. Employees shall be given at least fifteen (15) days notice of a change in shift assignments or shift slots. Employees who are serving in their original appointment probationary period shall not have an opportunity to compete for a new shift, unless their probationary period is completed prior to January 5~' of the following year. By November 1St of each year, the Division shall post a shift schedule for the upcoming year. The Communications Supervisor shall present the proposed schedule to the most senior Communications Technician. That individual shall have twenty-four (24) hours to decide which position on the proposed schedule they desire. Once the most senior Communications Technician makes a shift selection, the most senior Communications Technician shall communicate such selection to the Communications Supervisor via e-mail. The Communications Supervisor will log the selection on the master schedule and pass the schedule along to the next most senior Communications Technician for '~=~'~e~shift selection. This procedure will continue until each Communications Technician has made a bid for a shift. The new shift assignments will go into effect January 5th of the upcoming year. Section 14.4 No Pasting Response. In instances where shift assignments, as set forth in Section 14.3 are posted and no employees respond to the posting, the Chief reserves the discretion to make such assignments based upon the needs of the Division. ARTICLE 15 EMPLOYEE ASSISTANCE PROGRAM Section 15.1 Employee Assistance. The Employer and the 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 Employee Assistance Program (EAP) is provided by the Employer to assist employees and their families in dealing with a wide range of personal difficulties/problems. This range of 1R 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 EAP shall be to help employees and their immediate family members deal with the kinds of difficulties and problems identified above by linking them with resources that can: provide appropriate help; reduce job performance problems; retain j~alued employees. When an employee or someone in the employee's immediate family is experiencing a problem, whether or not such problem affects the employee's job performance, the employee and/or immediate family members are strongly encouraged to seek assistance through the EAP. Section 15.2 Coverage Terms & Cyonditions. Under the coverage terms of the EAP, employees and/or their immediate family members shall each be entitled to unlimited assessment and referral and a maximum of three (3) 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 (3) session limit. Section 15.3 Other EAP Terms & Conditions. The Employer 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. B. Employees and their immediate family members shall receive an offer of assistance to help resolve such problems in an effective and confidential manner. All EAP issues shall be handled in a 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 from the employee and/or immediate family member. C. Nothing in this Article shall be interpreted as constituting a waiver of the Employer's responsibility to maintain discipline or its right to take disciplinary action in accordance with provisions of this Agreement. 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 Employer'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 justifying the use of sick leave, the employee may not wish to use said leave for such appointments, as providing a reason for 19 the usage of said leave may disclose information the employee wishes to remain confidential. If the employee chooses to request sick leave, he`the employee is hereby advised that in providing a justifiable reason for sick leave usage, lithe employee 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, compensatory time, personal leave, 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 persoiuiel 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 Employer will provide supervisory training, to be scheduled at the discretion of the Employer, to enhance the knowledge of supervisory personnel concerning the proper methods to be used when dealing with an employee who is experiencing personal or work-related distress. G. The Employer shall reserve the right to contract, at its sole discretion, with the company/organization of its choice that will, in its judgment, provide the most cost effective, meaningful, and responsive service to the Employer and employees. ARTICLE 16 SUBSTANCE ABUSE AND TESTING Section 16.1 Purpose. The Employer and the bargaining unit recognize that the ability of an employee to properly perform the employee's duties depends, in part, on a workplace which is free of substances abuse. In an effort to maintain a safe and healthy work environment, to promote public safety, to uphold the public confidence in the work performed by City employees, to provide employees who may be drug or alcohol dependent with an opportunity for treatment and for remaining productive employees of the Division of Police, and in recognition that substance abuse is a problem which, depending on individual circumstances, may require intervention, rehabilitation, or discipline, it is the purpose of this Article to provide a method for responding to the risks presented by the presence of substance abuse in the workplace by: • requiring employees to submit to drug/alcohol testing when the City has reasonable suspicion to believe that an employee is under the influence of drugs or alcohol while on City premises or on City business, or when an employee is involved in awork-related accident or safety violation resulting in any of the following: - Bodily injury (other than minor abrasions/contusions) requiring off-site medical ~a attention; - Employee receives a traffic citation for a moving violation in connection with a vehicular accident; - Vehicular damage in apparent excess of $1,000; - Non-vehicular property damage in apparent excess of $500; - Any vehicular accident involving fatalities. • dealing with incidents of substance abuse which present a reasonable likelihood of risk to employees, the general public, or other employees of the Employer; • providing assistance to an employee with drug or alcohol dependency problems; and • disciplining an employee whose work performance is adversely affected by substance abuse. Section 16.2 Responsibility. Although it is the responsibility of every employee to be alert to potential incidents of substance abuse in the workplace, it is the primary responsibility of supervisors to initially respond to such incidents, particularly where circumstances are present which pose a reasonable likelihood of risk to the public safety. Supervisors shall take such action, not inconsistent with this Article, as they deem appropriate to eliminate the likelihood of risks associated with any incident of potential substance abuse. Section 16.3 Definitions. The following definitions shall govern this Article: • "Under the influence" means that the employee is impaired in the performance of the employee's duties by any illegal drug or alcohol, or the combination of any illegal drug and alcohol. • "Legal drug'' means prescribed drugs or over-the-counter drugs which have been legally obtained for the user and are used for the purpose for which they were prescribed and manufactured. • "Illegal drug" means any drug (1) which is not legally obtainable, or (2) which is legally obtainable but has not been legally obtained and prescribed drugs not being used for prescribed purpose. • "Reasonable suspicion" is an articulated belief that an employee is using illegal drugs or misusing alcohol such that the employee's work performance is impaired by the presence of alcohol or illegal drugs. This articulated belief must be drawn from specific and particularized objective behavior and conduct exhibited by the employee, and reasonable inferences therefrom. Reasonable suspicion may be based upon an employee's slurred speech, odor, disorientation, abnormal appearance, conduct or behavior, or other observable cause. Section 16.4 Prohibited Conduct. For purposes of this Article, no employee shall, while performing the employee's duties for the Employer, while in the Employer's facilities or vehicles, while in uniform, during their on-duty meal period, or while off-duty in public when 21 wearing any City-issued apparel which clearly identifies them as employees of the £~-a€ City: • Be under the influence of alcohol; or • LJse or be under the influence of any illegal drug or while using any legal drug be impaired to the point that the employee cannot satisfactorily perform rthe emplo_ assigned duties; or • Unlawfully use, sell, purchase, transfer or possess an illegal drug. Section 16.5 Inspections. Bargaining unit employees hereby understand that any building, facility, structure, property, etc., or the contents there of (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. Section 16.6 Reasonable Suspicion Testing. An employee shall be tested for alcohol or illegal drug usage when there is a reasonable suspicion that the employee is under the influence of illegal drugs or alcohol, or an employee is involved in awork-related accident or safety violation resulting in the incidents described in Section 16.1. Section 16.7 Testing Deteimiination. Upon determining that an employee must submit to testing (whether urinalysis for drugs or breath for alcohol) because of reasonable suspicion or a work-related accident or safety violation, the supervisor shall give the employee a reasonable opportunity, prior to the test, to request the presence of or to seek the advice from a Union representative. The employee and the Union representative, if available, shall be given an opportunity to communicate any information or other explanation relevant to the circumstances to the supervisor. The supervisor shall then determine, after considering all of the circumstances, whether the test shall be administered. If the supervisor determines that a test shall be given, testing shall take place immediately after discussion with the employee and the Union representative, if available, but in no case longer than one hundred and twenty (120) minutes after the reasonable suspicion or the work-related accident or safety violation determination has been made. Should a Union representative not be readily available and the supervisor believes time is critical in determining whether or not the employee is impaired, the supervisor may direct the employee to submit to testing immediately. The Union representative, if available, may accompany the employee to and be present with the employee at the collection testing site. Section 16.8 Urine Samples. The collection and processing of urine samples shall, in the case of drug testing, comply in all material and applicable respects to the procedures set forth in the most recent revision of "DHHS: Mandatory Guidelines for Federal Workplace Drug Testing Program" initially published on April 11, 1988 in 53 Federal Register 11970. The Employer shall contract with a certified laboratory for the collection, processing and testing of urine samples. 22 Where the employee provides a sufficient urine sample at the time of the original sample collection, this sample shall be split and placed in two (2) separate containers at the collection site. In the presence of the employee at the testing site, and without ever leaving ~--the employee's sight, each urine sample taken shall be placed in two sterile screw-capped, self- sealed, tamper-resistant urine collection containers which shall each be sealed and labeled and then initialed by the employee. The collection of urine samples shall allow individual privacy unless there is reason to believe that the employee being tested may alter or substitute the specimen to be provided. Should it be determined by qualified personnel at the collection site that the employee has adulterated, diluted, tampered in any way with ~-the employee's specimen, substituted another individual's specimen for the employee's own, or has otherwise obstructed the collection/testing process by refusing to provide a valid specimen, such shall be considered as a "refusal to submit to testing" and the employee shall be subject to appropriate disciplinary action. The sample within the first container shall be sent, by the most expedient means available, to the testing laboratory as soon as practicable on the day of the test. The sample within the second container shall also be sent, by the most expedient means available, to the testing laboratory where it shall also be stored in accordance with all applicable Federal guidelines and regulations. Section 16.9 Drug Testing Procedure. The laboratory shall commence testing of the sample within the first container only if the sample is received in an undamaged condition, properly sealed and labeled, and properly initialed by the employee. The certified laboratory shall first conduct an initial screening of this sample. If illegal drugs are found in the sample, then that sample shall be submitted for confirmatory testing. The initial screening shall be accomplished by means of Thin Layer Chromatography (TLC) or equally reliable testing methods, and the confirmatory test shall be accomplished by means of Gas Chromatography/Mass Spectrometry (GS/MS). If as a result of the initial screening and confirmatory test, the test result is positive, the employee will be contacted directly by the Medical Review Officer (M.R.O.) at the testing company/lab and will be given the opportunity to explain the reasons for a positive test result. Should the employee offer an explanation that in the judgement of the M.R.O. sufficiently explains the positive test result, the M.R.O. will consider the results as negative and the Employer will not be contacted. Should masking agents be found in the sample on the initial test, such shall be treated as a refusal to submit to testing and any option to pursue testing of the specimen in the second container shall be forfeited. The Employer shall be notified of such refusal to submit to testing. This refusal to submit to testing shall then subject the employee to appropriate disciplinary action. Section 16.10 Drug Test Results. If the test results are positive and the employee has not offered an explanation to the M.R.O. sufficient to cause the M.R.O. to consider the results negative, the Director of Human Resources,'Dr~~•~r~m~„', or i~=s~~se~ns the ~ Director's designee, shall be notified and the Director, or his designee, shall in turn 23 contact the employee. The employee must then decide whether or not the employ ~e~~~•ants the sarnple within the second container stored at the initial collection site to be tested. If the employee so requests, then the sample within the second container shall be tested by the Employer using a second certified laboratory, subject to the testing procedure set forth in Section 16.9 ofthis Article. If the employee does not request the testing of the sample within the second container after the sample within the first container tests positive or if the employee requests the testing of the sample within the second container and it is also tests positive for an illegal drug, rehabilitative or disciplinary action shall be taken. Should the results be a "dilute negative", the employee shall be required to repeat the testing procedure within 24 hours; the result of the second test shall then become the test of record. Should the candidate decline to repeat the testing procedure because of a "dilute negative" result on the first test, such shall constitute a "refusal to submit to testing", which shall result in appropriate disciplinary action. Should the results of the second test be "dilute negative", the candidate shall be deemed to have successfully completed the testing process. Should a "dilute positive" result be received by the City on the first or second test, such shall be considered as a "verified positive test", which shall result in appropriate disciplinary action. Section 16.11 Alcohol Testing. Alcohol Testing shall be accomplished by means of Breath Testing which shall be administered by a Breath Alcohol Technician (BAT}. The Employer shall contract with a provider to perform such breath testing and only Evidential Breath Testing (EBT) devices certified by the Federal Government shall be used in the administration of such testing. Section 16.12 Alcohol Testing Procedure and Results. The Breath Alcohol Technician (BAT) shall administer an initial breath test via the Evidential Breath Testing (EBT) device. If the initial test results in a reading of less than 0.02, the test shall be recorded as "negative". If the initial test results in a reading of 0.02 or greater, a confirmatory test shall be administered. Prior to the administration of a confirmatory test, there shall be a 20-30 minute waiting period to ensure that the presence of mouth alcohol from the recent use of food, tobacco, or hygiene products does not artificially raise the test result. Should the confirmatory test result be different from the initial test result, the confirmatory test result shall be deemed the final result, upon which any disciplinary/corrective action shall be based. A test result of 0.02 or greater on the confirmatory test shall subject the employee to appropriate disciplinary/corrective action. Section 16.13 Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). 24 In addition, any employee who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to an employee. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the employee's desire for and progress in rehabilitation, and the employee's past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the employee. If an employee accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, the employee must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The employee shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above, may result in discipline of the employee. Bargaining unit members shall 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 or 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). ARTICLE 17 CONTRACT COPIES Section 17.1 Contract Copies. As soon as is possible following the signing of this Contract, the Employer and the Union 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 Union 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. 25 ARTICLE 1S Reserved} REIMBURSABLE BUSINESS EZPENSES Section 19.1 Reimbursable Business Expenses. Whenever authorized to engage in or to undertake official business for the Employer, an employee 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 20 LAYOFFS Section 20.1 Layoffs. Whenever the City determines that a layoff is necessary, the City shall notify the affected employees forty-five (45) calendar days in advance of the projected layoff date. Employees shall be laid off at the time and in the number specified by the City Manager in the inverse order of their seniority. All part-time, temporary and/or seasonal employees shall be laid off first, then full-time probationary employees, followed by full-time regular employees. Section 20.2 Call-Back. When employees are laid off, their names shall be placed on a Re- employment Eligit~ility List established by the Division of Human Resources. When deemed appropriate by the City, 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. Should vacancies occur during the time for which the Re-Employment Eligibility List is valid, and should the City decide to fill such vacancies, said vacancies shall be filled from this Re- 26 Employment Eligibility List. Call-back notification shall be sent to affected employees by certified mail with a copy sent to the Union. Should an employee not be available within twenty- one (21) 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 twenty-one (21) 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 (2) 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 of non- 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 Human Resources advised of their current mailing address. ARTICLE 21 RATES OF PAY/WAGES Section 21.1 Wages. Effective January 1, 20096 through December 31, 200986, the following wage structure shall be in place for employees within the Communications Technician bargaining unit: Step 1 $40,295.55? ~,°~~ Step 2 $42,562.17~Q,°~~ Step 3 $44,828.79^~' Step 4 $47,095.41 "'',°~T Step 5 $49,613.89'''' ^,~4 Step 6 $52,132.36''~,~T Effective January 1, 20108=~ through December 31, 20108=~, the following wage structure shall be in place for employees in the Communications Technician bargaining unit: Step 1 $41,907.37~'',''~--,-~:4T Step 2 $44,264.65`~O~z Step 3 $46,621.95'"~-x-04 Step 4 $48,979.23''~,''~i Step 5 $51,598.x''^~T °~-~43 Step 6 $54,217.66 ~''' 4,'' Effective January 1, 20118 through December 31, 20118 the following wage structure shall be in place for employees in the Communications Technician bargaining unit: Step 1 $43,478.902g,''~-~4T7i Step 2 $45,924.58''n °~-~-4~ Step 3 $48,370.27^~,'~T Step 4 $50,815.95 ^ ~,''~-~84~~ Step 5 $53,533.38'''','' Step 6 $56,250.82~r','~T Section 21.2 Appointment and Advance Step Hiring. The City Manager, when making appointments to the Communications Technician classification, shall be authorized to recognize the overall qualifications of candidates in determining their placement within the wage structure. Section 21.3 Step Advancement. Following the employee's initial appointment to a position within the Communications Technician classification, advancement to successive steps within the wage structure shall occur annually on the employee's anniversary date. 27 Section 21.4 Application of Pay Rates. The rates of pay set forth in Section 21.1 are based on frill-time employment of forty (40) hours in a work week and two thousand and eighty (2,084) 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 21._5 Instant Bonus Program. Eligibility to participate in this program and the receipt of any bonus awarded through this program shall be governed by the terms and conditions specified within Ordinance No. 38-04. Any City Manager or Council approved modifications to this program will also be applied to FOP/OLC members and non-bargaining unit employees alike. Section 21.6 Longevity Paj~. All employees shall receive, in addition to the pay rates established in Section 21.1, a longevity payment based upon completed years of service with the City according to the following schedule. 28 5 Fe's-~^Tth~-6}kgl} Si3~-t~~-~=ea~5 Q~~c nn Tt~.°ci-5r~r~i~T~=rorl~s Qo~c nn r~.i'~TaT~~9~f6t~r"~cc~z-~7r4~ •,•-`" Q1, 1 S(1 !1 (1 ~Z~"~9p~~a Q i~ n n n n Years of Completed Effecti~~e Ol/01/2009- Service 01/01/2011 4 Years - 6 Years $ 675.00 7 Years - 10 Years $ 875.00 11 Years - 14 fears $ 1,150.00 15 Years - 19 Y"ears $ 1,250.00 20 or More Years $ 1,300.00 Longevity pay shall be issued during the pay period in which the employee's anniversary date of appointment falls. 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. Section 21.7 Shift Differential. Shift differential pay shall be provided as follows, excluding hours in paid status while on approved leave and off-duty court-time hours: 1. For employees regularly assigned to first shift and mid-watch shift„ shift differential shall be applied to any hours worked between the hours of 5 pm and 6:45 am. 2. For employees regularly assigned to second or third shift, shift differential shall be applied to any hours worked. Shift differential pay shall be applicable to actual hours worked. Shift differential shall not be paid in addition to regular pay for any hours spent on approved paid leave, with the exception of leave due to mandatory training, which shall qualify for shift differential pay. Mandatory training is defined as classes/coursework where employee attendance is required by the Division. Time spent in optional training programs shall not qualify for shift differential pay. If authorized overtime occurs in conjunction with the regular workday, the shift differential shall be paid for each hour of overtime worked as specified above. If shift differential pay is applicable, and 29 overtime occurs, the shift differential pay shall be added to the base hourly rate prior to computing the overtime rate. Shift differential pay will be paid on a bi-weekly basis and will not be cumulative under any circumstance. Effective upon execution of this Contract, the shift differential rate will be 85¢ per hour. ARTICLE 22 HOURS OF WORK E1ND OVERTIME Section 22.1 1Vork`veek. 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 22.2 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 of time-and-one-half (1-1/2). All overtime shall be authorized by the employee's immediate supervisor. Failure of the employee to obtain supervisory approval for overtime, prior to working the overtime, may result in disciplinary action. 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 22.3 Seventh Consecutive Dav of Work. When an employee is approved by a supervisor to work on the seventh (7 ') consecutive day within 1~s=lithe employee's scheduled workweek, and the employee has actually worked at least thirty-two (32) hours (including all overtime hours worked) in the five (5) previous days, plus a minimum of three (3) hours on the sixth (6th) consecutive day of work, that employee shall be compensated at double time for all hours worked on the seventh (7th) consecutive day. Section 22.4 Overtime Rotation. A. Beginning January 1 of each year, the City shall assign overtime opportunities to an employee, in the order of their seniority, from most senior to least senior, provided that sufficient opportunities exist. Upon completion of this seniority offering, the City shall rotate overtime opportunities among full-time Communications Technicians by assigning subsequent scheduled overtime opportunities to the Communications Technician in order of combined overtime totals from lowest to highest, ~_~~''~ ,~,,, ,,,.,r+ ~ •r' ~~ ,,,-„a;+„a ,.,,,,,-~;~.,,, Toward this end, the City shall post and maintain an overtime roster. This roster shall include a list of Communications Technicians and an updated total of hours worked and hours refused by each employee. All Communications Tecluiicians on this overtime roster shall revert to zero (0) as of the lst of each year. Employees ~vho are released from training 30 shall be given the average of all employee's totals for each column worked, refused, and combined totals and shall be lo~~ed accordingly on the overtime roster. Hours refused by a Communications Technician shall be credited in the same manner as hours actually worked. Inability to contact a Communications Technician shall not count as a refusal and the attempt to contact the Communications Technician shall be noted on the log. Errors in the distribution of overtime opportunities shall be corrected at the next opportunity for overtime. B. Scheduled overtime opportunities are those known to the Employer seventy-two (72) hours or more in advance. The Employer will post scheduled overtime opportunities in advance by listing the opportunity on a sign-up sheet. Sign-up sheets will be posted for a minimum of forty-eight (48) hours and shall indicate the date and time the overtime opportunity will be assigned. Assignments shall be made in accordance with the procedure outlined in paragraph A of this section. C. Incidental overtime opportunities, which result from last minute call-offs or other unforeseen circumstances, shall first be offered to the full-time Communication Technicians that are on duty, in order of combined overtime totals from lowest to highest.°~^ ^r~'°r ^~ ^~~°.-+:n,°'~^,,..n s~oc~t~Rsi te~o~. Incidental overtime opportunities are those known to the Employer less than seventy-two (72) hours in advance. D. If the proper procedure above has been followed and sufficient staffing has not been obtained to fill the overtime opportunity, then the City may fill the remaining staffing requirement for the overtime by offering it to part-time Communications personnel or mandating overtime in the following order: 1. Ordering in of the Communications Technician(s) on the adjacent contiguous shift(s), in order of overtime hours tivorked from lowest to hi~:r ^r''°~- ^~+"° ,,.,,,.~ ~ ...,,,... ,.~ ,. ,...~:..,.,. ,~._ ....... .....: ..a~ kith a maximum of four (4) hours; 2. Ordering in of Communications Technician(s) on days off; 3. Ordering in of Communications Technician(s) on approved leave. Mandatory overtime shall not be credited to the overtime roster referred to in paragraph A above. Section 22.5 Call In Pay/Court Paj~. 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 (34) minutes after the completion of lithe employee's shift, the employee shall be paid or credited with a minimum of three (3) hours at the appropriate over-time rate. This provision shall apply portal to portal to employees called in while off-duty for court appearances. Employees, otherwise off duty, who are required by the Court to be and remain available for work-related court sessions, shall be compensated at the overtime rate for such time not to exceed two (2) hours in duration. In order to be compensated for more than two (2) hours at the appropriate overtime rate for said purpose, the employee must provide appropriate justification 31 from the Court that lithe employee was required to remain available for said time in excess of two~2,~ hours. Section 22.6 Compensatory Time. At the election of the employee, overtime may be 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 may be 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 the first pay period in December of each year, the employee has one hundred ninety (190) hours of compensatory time in ~-the employee's compensatory time bank, lithe employee 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 ~e-the employee wishes to convert to cash, prior to the end of the first pay period in December. The cash conversion will then be paid in the form of a separate payroll check in the last pay period in December. Section 22.7 Payment Foi• Accrued Compensatory Time Upon 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 employee's rate of pay 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 22.8 Use of Compensatory Time. Any request to use compensatory time in excess of eight (8) consecutive hours shall be submitted at least seventy-two (72) hours in advance of its requested usage. The notice period may be waived in cases where circumstances make compliance impracticable. Requests to use eight (8) or less consecutive hours of Compensatory Time may be submitted with less than seventy-two (72) hours' notice and may be approved, as scheduling and operational needs of the Division permit such usage. Compensatory time may be requested in multiples of one-quarter hours. ARTICLE 23 RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS Section 23.1 Retui•~i to Duty. Any Communications Technician who voluntarily resigns, may be reinstated as a full-time Communications Technician if there is a need for l~rthe emplo_ 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 Director of Human Resources 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. 32 Section 23.2 Return from Military Service. Pursuant to the Ohio Revised Code Section 5923, 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 23.3 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 24 UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT Section 24.1 Initial Issue. Effective January 1, 200&9 all probationary Communications Technicians will be required to wear business casual attire and all non-probationary Communications Technicians shall be entitled to and are required to «-ear the items listed below: Item Description uantit T Short sleeve shirt 6 Long sleeve shirt 6 Pants b All season black uniform shoes 1 pair Jacket or sweater 1 Fleece jacket 1 Black uniform belt 1 33 The above listed items shall meet the specification of the Chief of Police and shall be provided by the City. Although the Division will not provide a dress uniform, the Chief of Police will develop specifications for such uniform and the employees may choose to purchase such uniform. Section 24.2 Chan6e in Issuance. Should the required issuance of uniforms, uniform parts, or equipment for the Communication Center be changed by the City, all employees within the bargaining unit shall be provided the new uniforms, uniform parts, or equipment at no cost to the employee. Section 24.3 Uniform and Equipment Replacement. Anytime an employee needs any uniform or equipment item(s) replaced due to normal wear and tear, the employee shall submit a request to the Communications Supervisor for the replacement thereof. At the time the request is submitted, the employee must turn-in the item(s) in question to the Communications Supervisor. The Communications Supervisor shall properly evaluate the need for replacement and if a valid need indeed exists for the replacement of such items, the Communications Supervisor shall forward such request and item(s) to the individual within the Division with the assigned responsibility for approving the replacement of such item(s). If such request is subsequently approved, the individual responsible for uniform & equipment ordering shall process an order as expeditiously as possible for the replacement of requested item(s). Section 24.4 Dry Cleaning/Laundering. The Employer shall provide uniform cleaning at no cost to the employee. In any week, an employee shall be entitled to have laundered/cleaned up to ten (1Q) uniform items. The City shall designate a dry cleaning service or services where uniforms are to be cleaned and the City shall have the exclusive authority to contract for the provisions of such services. Section 24.5 Dammed, Destroyed, Lost Personal Property. In general, personal property of an employee, previously approved for City use, which is damaged or destroyed in the line of duty shall be replaced by the City, via a reimbursement procedure, up to a maximum value of ~,,,~,a,-,,,a a,.,,.,.-r ieinn nm °ne hundred and seventy-five dollars ($175.(~Ol on a per occurrence basis. Requests for replacement of damaged or destroyed personal property must be submitted in writing to the Chief identifying the circumstances under which the damage or destruction occurred and the type, brand name, model, value, condition prior to damage/destruction, etc. of said property, together with as much of the damaged/destroyed property as possible, under the circumstances. If such request is subsequently approved, the employee shall be reimbursed for the purchase of replacement personal property which, in all respects, is substantially similar to that which was damaged/destroyed, up to the maximum value identified above, provided that the employee submits a valid receipt identifying the type, brand name, model, dollar amount, etc. of the property purchased as a replacement. Specific exceptions to the above mentioned ^N° ~,„~.,a,-°~' ~'^" ~r° '~' nn nn` one hundred and seventy-five dollars ($175.40) maximum reimbursement shall include eyewear, the tnaxirnum reimbursement for which shall be the replacement value of the eyewear. 34 Personal property of an employee, previously approved for City use, which is lost in the line of duty, may be replaced, via a reimbursement procedure, in full or partial value, up to a maximum value of ^~~ i.„~,a,-,,,a a^"~r~ isinn nn~ one hundred and seventy-five dollars ($175.40 per occurrence, if it can be shown that reasonable precautions had been taken by the employee to prevent such loss. Requests for replacement of lost personal property must be submitted in writing to the Chief identifying the circumstances under which the loss occurred and the type, brand name, model, value, condition prior to loss, etc. of said property. If such request is subsequently approved, the employee shall be reimbursed for the purchase of replacement personal property which, in all respects, is substantially similar to that which was lost, up to the maximum value identified above, provided that the employee submits a valid receipt identifying the type, brand name, model, dollar amount, etc. of the property purchased as a replacement. Specific exceptions to the above mentioned $~98-A9 one hundred and seventy-five dollars $1( 75.Od) maximum reimbursement shall include eyewear, the maximum reimbursement for which shall be the replacement value of the eyewear. For purposes of this Section of the Contract, "personal property" shall not include uniform parts or equipment identified under Section X24.1 ("Initial Issue") as those items shall be replaced on an "as needed" basis by the City. Section 24.6 Termination. Upon termination, employees shall return to the Division all Division-issued uniforms and equipment in good condition, minus normal wear. ARTICLE 25 VACATION LEAVE Section 25.1 Vacation Year. The vacation year for employees shall end at midnight on January 31st of each year, solely for purposes of vacation scheduling. Section 25.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at the annual rate set forth in Section 25.3. An employee shall not earn full vacation accrual in a given pay period unless the employee 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, lie-the employee shall accrue vacation on a pro-rated basis taking into account the number of hours in full pay status during the pay period and the employee's 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 lithe employee's prior service with such entity for the purpose of computing the amount of h~the employee's vacation leave with the City, if the nature of said service is relevant to the nature of lithe employee's service with the ~` City . 35 A new 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 lithe employee's employment with the City, accrue or use vacation leave and, during the remaining six (6) months of h~ the employee's first year of employment, said employee shall accrue and be entitled to use up to a maximum of forty (40) hours of vacation leave. A new 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. Section 25.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave based upon the following vacation accrual schedule: 36 Completed Years of Accrued Vacation Hours Public Service Per Year 0 Year - 1 Year 40 Hours 2 Y ears - 4 Y ears 108 Hours 5 Years - 9Years 142 Hours 10 Years - 15 Years 170 Hours 16 Y ears - 20 Years 192 Hours 21 Years or more 226 Hours Section 25.4 Vacation Carry-Over. An employee may carry-over from one payroll calendar year to another a maximum of one hundred and sixty (160) hours of vacation leave previously earned but not used. An employee may carry-over more than one hundred and sixty (160) hours of vacation leave from one payroll calendar year to another with the approval of the City Manager, which shall be at the City Manager's sole discretion. Section 25.5 Vacation Scheduling/Use. 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. Amiual Schedulin6. At the conclusion of the shift bidding process, but no later than November 20t', the Division shall post a vacation schedule. Employees shall submit written requests for vacation leave by no later than December 15t. 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 twenty-four (24) se~er~yL ~~hours to resubmit an alternate request for consideration. During said ~L ~~twenty-four (24~hour period of time, vacation requests from other employees with less seniority shall not be approved. In the event the employee does not resubmit an alternate request within said _ t`~~enty-four (24) hour time period, vacation requests from other employees with less seniority may then be approved. 37 B. Casual Scheduling. For other than annual scheduling, employees may request occasional use of vacation leave on a first-come first served basis. C. Incremental Usage. Vacation leave may be taken in multiples of one-quarter (1/4) hour. Vacation Leave shall not be used to artificially extend the separation date of an employee's resignation from employment with the ~`~';~ ~~'-'~•"'~„~`ity. The effective date of an employee's resignation from employment shall be the same as the employee's last day worked. Section 25.6 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. Should an employee have time-off approved in advance (vacation, personal, or comp time) and have to work, they shall be entitled to double time for all hours actually worked which were previously approved off. Section 25.7 Payment for Accrued Vacation Leave Upon Resignation/Separation or 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 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 26 HOLIDAYS Section 26.1 Paid Holidavs. The following are designated as paid holidays for bargaining unit employees: New Year's Day (January 1) President's Day (Third Monday in February) Memorial Day (Fourth Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Columbus Day (Second Monday in October) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25) Section 26.2 Special Holidavs. Any special holiday, as designated by the City, when City offices are closed for all or part of the day, will also be observed as a holiday under this Article. The holidays identified above may be recognized by the City on different dates than those noted 38 above (for employees not in this bargaining unit). Should this occur, these days shall not be considered special holidays. Section 26.3 Holiday Work. Each holiday which is observed on an employee's regularly scheduled workday shall be worked by the employee unless the employee is excused from work. However, the Division may schedule the work force as necessary to provide adequate coverage to the City. Employees may request to be scheduled off on a particular holiday by timely request to the Chief of Police. Such request may be granted provided that the request would not affect the nornial operations of the Division or the normal level of service to the community. Conflicts involving multiple requests shall be resolved on afirst-come-first-served basis. Section 26.4 Holiday Pay. 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 1~-the employee's regularly scheduled workday, lie the employee shall be entitled to: 1. 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; 3. One half (1/z) hour of compensatory time at the straight time rate for each hour worked. C. When an employee works a holiday on leis-the employee's regularly scheduled day off the employee shall be entitled to: 1. 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 ratei 3. One-half (1/2) hour compensatory time at the regular rate of pay for each hour ~~vorked in excess of eight (8) hours. 39 ARTICLE 27 PERSONAL LEAVE Section 27.1 Allocation & Usage of Leave. Effective the first pay period of January of each year, each Eemployee, who is in full pay status at such time, shall receive four days (32 hours) of personal leave. However, new Eemployees appointed throughout the year shall receive a pro- rated allocation of Personal Lleave in accordance ~~vith the following schedule: PRO-RATED PERSONAL LEAVE ALLOCATION Timeframe Appointed Personal Leave Allocation January 1 through March 31 32 Hours (4 days) April 1 through June 34 24 Hours (3 days) July 1 through September 31 16 Hours (2 days) October 1 throu November 34 8 Hours 1 da December 1 or Later None In the event an Eemployee is not in full pay status at the time personal leave is normally allocated to each Eemployee, yet returns to full pay status at some point thereafter, the amount of that Eemployee's personal Lleave allocation shall be pro-rated. For every pay period the Eemployee has been in less than full pay status, one and aquaff-ter (1.25 hours of personal Lleave shall be deducted from the normal thirty-two (32) ~~y-(44Thour amiual allocation. -Eight (8) hours (1 day) of Epersonal Lleave may be used, on one occasion annually, at the Eemployee's discretion, provided that the Eemployee gives at least two 2 fetes-(}hours of call- offnotice prior to the start of the Eemployee's shift. Only one (1) Eemployee may be approved for Epersonal Lleave usage in this manner provided there is at least twenty-four (24) hours between the end of one such personal leave and the commencement of another. Personal Lleave requested in this manner shall not be granted during designated "No Time OfE' situations. Any Epersonal Lleave not used in this fashion is subject to sufficient prior notice and prior approval of the Eemployee's supervisor. Personal leave must be used by the last pay period in December of the year in which it was received and may not be carried over to the next payroll calendar year. Personal Lleave shall not be used to artificially extend the separation date of an employee's resignation from employment with the City_ ~ The effective date of the employee's resignation from employment shall be the same as the employee's last day worked. Section 27.2 Pa~mient for Unused Personal Leave Uuon Lavoff 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 of the employee's death, such compensation shall be paid to the employee's spouse, or secondarily, the employee's estate. For any other form of separation, no compensation will be provided to the employee for unused personal Lleave. 44 ARTICLE 28 INSURANCE Section 28.1 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. The plan design of this program shall be substantially the same as that in effect on December 31, ~~20a8 with the following exceptions, which shall become effective on the first day of the month following thirty (30) days after execution of this Agreement. A. Employee "Premium Equivalent" Contribution Employees enrolled in the City's Medical Plan shall pay a monthly premium equivalent contribution, through monthly payroll deductions as follows: Nleclical Plan Employee "Premium Equivalent" Contribution Effective I/1/2009 through Monthly Contribution I2/3I/2~II IS% of City's monthly cost of For employee only covera ge not to exceed ~6~. IIO l i IS% of City's motatlilV cost of For emp oyee and m nor dependents coverag e not to exceed ~~~ c~a I S% of City's monthly cost of For enrolled spouses co~Jera~ e not to ~rceed ,90.10 For employee, enrolled IS% of City's monthly cost of souse and minor covera ge not to exceed dependents ~I87.00 B. Employee "Premium Equivalent" Conti~bution Waiver Option ~ Wellness Initiative 41 If the employee (and dependent spouse, if applicable) enrolls in the City's Wellness Initiative a~ described below, the monthly premium equivalent contribution described in Paragraph 28.1 (A) shall be ~i~aived during such period of enrollment. Enrollment in the City's Wellness Initiative is described below: 2409 -2411 Employee "Premium Equivalent" Contribution will be waived if enrolled employee and enrolled Spouse if applicable) choose to participate in the City's t~'ellness Initiative includingthe following requirements: (1) Health Risk Appraisal (HRA) and screenings (2) Annual conversation ~~~ith health care provider to discuss a eg_appropriate preventative care and screenings Employee and,`or enrolled spouse, health risk(s) indicated in HRA report shall participate in health coaching andlor disease mana6ement pro~~am and shall develop a reasonable and attainable health goal (4~An employee must participate in an educational program during a employee's regularly scheduled work time. A employee's spouse may, but is not required to, participate in this educational pro rg rm. If the employee elects to participate in the wellness initiative for the "premium equivalent" contribution waiver for the following pro~am year, employee and enrolled spouse must apply during the enrollment period. As part of the enrollment process, both the employee and enrolled spouse, if applicable, must complete on-line HRA and participate in required screenings. The required appraisal and screenings must be completed before the end of the enrollment period to be~ eligible for the "premium equivalent" contribution ~~-giver for the program year. If an employee. elects to participate in the wellness initiative for the "premium equivalent" contribution waiver and the employee commences employment or otherwise becomes eli6ible for coverage under this Article prior to the open enrollment for the ~~~ellness initiative, the employee may declare such intent to enroll at the next open enrollment and receive a conditional ti~~aij•°er of the premium equivalent. Should the employee then not enroll at the next open enrollment, the employee shall be responsible, tlu-ou6h equivalent payroll deduction(s) at two times the regular amount, to repay the premium equivalent .anted as a conditional waiver above. C. Welhiess Initiative Enrollees Recreation Center Membership 42 }' J v ,a :~~~ ,..-.1.:, ,1 l.:,l ,.,,. ~ n1I n~oT n~ n~oo er~r~e~@d: e~-per-i~ If the employee enrolls in the City's Wellness Initiat ive during the annual open enrollment period, the employee shall be entitled to a free Dublin Community Recreation Center membership during such period of enrollment. Healthy By Choice Bucks If the employee enrolls in the City's Wellness Initiative during the annual open enrollment period, the employee shall be entitled to participate in the Healthy By Choice Bucks program, a voluntary~rogram in which participation in certain programs can earn points which can be redeemed for programs and services at the Dublin Community Recreation Center. Spouses will be able to receive a free Dublin Community Recreation Center l~•lembership if they enroll in the City's t~~ellness Initiative durin t~pen enrollment period the first year. Rene«~al after the first year «~ill be based on earning points throughout the year in the Healthy By Choice Bucks Program «~hich can be redeemed for a Dublin Community Recreation Center membershib at the be~innin~ ofthe nezt~lan~~ear D. Miscellaneous Medical Plan Preventive Care In-Network Out-of-Network 100%/0% 0%/100% 43 Covered items include, but are not necessarily limited to annual physical examinations, immunizations, mammograms, pap smears, prostate No covered items. exams, colonoscopies and routine lab work. (See Plan Document for more information.) Medical Plan Co-Insurance Effective Effective 388(2009 Ol-Ol-38&'2010 Ol-O1-38852011 Out-of- In-Network Out-of-Network In-Network Out-of-Network In-Network Network ~85%/015% 306%/3040% 85%/15% 3060%/5-940% $085%/~15% ~-96d%/~0% Medical Plan Out of Pocket Maximum 38882009 Effective Effective 01-01-3882010 01-01-38882011 In Network Out of Network In Network Out of Network In Network Out of Network Individual Individual Individual Individual Individual Individual 1,090500 $37,000 $1,58750 $68 000 $1,300750 $~8 309000 Family Family Family Family Family Family $33 000 $014,000 $33,500 $16,000 $3,89950 $~-516,000 Medical Plan Hospital In-Patient Stay 3082009 Effective Effective Ol-Ol-3A0-'2010 Ol-Ol-~88S2011 In-Network Out-of- In-Network Out-of- In-Network Out-of- Network Network Network $100 co- $500 co- $100 co- $500 co- $100 co- $500 co- payment then payment then payment then payment then payment then payment then ~85%/4815% 5860%/3840% 85%/15% 5860%/5840% X885%/815% 5960%/50% 44 Medical Plan Emergency Room Effective Effective 3AA~2009 Ol-Ol-3A8-'2010 Ol-Ol-~A8S2011 Out-of- Out-of- Out-of- In-Network In-Network In-Network Network Network Network 150 co- $150 co- $150 co- $~98-150 co- $~99-150 co- $~AO-150 co- payment then payment then payment then payment then payment then payment then ~85%/481% 3960%/3940% 85%/15% 3960%/5840% 80%/20% 3964%/5840% 11'Iedical Plan Lifetvne 11~laximwn 2009 2010 & 2011 1.4 Million 1.6 Million Medical Plan Additional C'overa e Limitations Ser<~ice Type Limitation • Subject to appropriate in or out of network co-insurance • Limited to 24 visits per therapy type per calendar year for in and out of network combined Rehabilitation Services • Cardiac Rehab is limited to 3b visits per calendar year for in and out of network combined • Additional visits may be approved based upon medical necessity and physician documentation Durable Medical • Subject to appropriate in or out of network co-insurance Equipment/ • Limited to $20,000 maximum benefit per individual per calendar Prosthetic Appliances year for in and out of network combined • Subject to appropriate in or out of network co-insurance Chiropractic Services • Limited to X40 visits per calendar year combined in and out of network 45 • Patient to be involved in diet/exercise program for at least six (6) months prior to surgery Gastric Bypass • Subject to appropriate in or out of network co-insurance • Subject to pre-surgical review • $25,000 lifetime maximum for surgery and all related care • Subject to appropriate in or out of network co-insurance Transplants • No out-of-pocket maximum provision for out-of-network services received Prescription Plan Additional Coverage Limitations Benefit 388(2009 Effective Effective 01-01-3~'~2010 01-O1-38852011 Tier 1 15% per rx to max co- 15% per rx to max co- 3915% per rx to max pay of $25 pay of $25 co-pay of $25 Tier 2 2-925% per rx to max 292% per rx to max 25% per rx to max Co- co-pay of $9100 co-pay of $100 pay of $100 2930% per rx to max 2930% per rx to max co-pay of $9200 co-pay of $200 Tier 3 3930% per rx to max PROVIDED PROVIDED co-pay of $~A9200 STIPULATION STIPULATION BELOW IS MET BELOW IS 1~•7ET The above co-insurance applies to mail order prescriptions; however, it Mail Order is fora 90 day supply vs. 30 day retail supply. Maximum co-pay is double the retail max co-pay for each tier. Annual $1,999-500 Single $1,2500 Single $1500 Single Out-of-Pocket $23 000 Family $53000 Family $3000 Family Maximum nA,T.,,~.a.,+,,,-<, ., ,..a.-,,,.n +,, t,o .1;~,..o..no,a «,l.o,~ .> >;1.,t,lo ~ 5 ~ ~\ n, ,1., o.-.+ +~. +b. o ~~ii ~` ~°, , , „- ' t9~cE1~ ~' ° " b` 6c i S 7y r ~~1 "~El ~~ rg iig 7'pv -I cc~crrr x . r i s - v r 3 x d Stipulations • 2009, 2010 & 2011 NTandatory generic, when available. Generic equivalent. must be tried first. If you choose not to try the Generic drug=you will pay ~~'hat you would have paid at Tier 2 or 3 co- payment PLUS the difference in ingredient cost between generic and 46 brand name druG. If the physician determines the Generic druG was not effective, plan will cover band name druG as thouGh no Generic is available to appropriate tier. If you haj•~e already used other Tier 1 medication prescribinG doctor can approve Tier 3 druG ti~~ith the maximum co-pay. • 2010 & 2011 Out-of-Pocket Maximum and Maximum Co- Payment will only apply to Tier 3 medications if the physician determines that therapeutic and;`or generic alternatives have been tried and are not effective. C?thet-~~~ise, Tier 3 medications «~ill not have a maximum co-payment and will not be applied to out-of- pocket maximum. • 2009 $7,000 Lifetime l~Iaxvnwn for fertilit,~~ • 2009, 2010 & 2011 Growth Hormones not covered • 2009, 2010 & 2011 Lifestyle 11~Iedications not covered Flexible Spending Account Employees may choose annually, during the established open enrollment period, to participate in a Flexible Spending Account to cover eligible expenses as determined by the IRS for each program. After incurring medical and/or dependent care expenses, employee submits receipt(s) and claim form to independent FSA administrator for reimbursement. Medical Expenses Dependent Care Expenses Maximum employee contribution per year Maximum contribution of $5,040 per year per $^$3000 per employee family, subject to applicable IRS regulations Flexible Spending Account Limitations • Employee must use the money in their FSA prior to apre-specified deadline • Money not used by the deadline reverts back to the City • In order not to lose the money in their account, employees are encouraged to anticipate the realistic medical expenses they may incur or to purchase qualified over-the-counter medications/supplies, glasses, or contact lenses at the end of the year • The City will provide notice of any changes to the FSA limitations based upon the applicable IRS regulations E. Dental and Vision Insurance Dental Insurance 47 The annual maximum benefit for preventive/diagnostic services, basic services, and major services is ,~$1,750 per plan member. ~ ~ - ~ ~, l~•Iajor services are increased to 75% coi•~era~e. The lifetime maximum benefit for orthodontia set-~~ices is $2,000 per plan member. ie Vision Insurance • The schedule of allowances for Eye Examinations shall not exceed $~9~$85.00. • The schedule of allowances for Frames shall not exceed $85.00. • The schedule of allowances for Lenses shall not exceed $125.00 for all spectacle lens types. • The schedule of allowances for Cosmetic Contact Lenses shall not exceed $125.00 in lieu of spectacle lenses and frames. Section 28.2 Liability Insurance. The City shall maintain Law Enforcement Liability insurance coverage for all employees for the duration of this Contract. The City 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 28.3 Change in Carriers. If it becomes necessary to change carriers (medical, dental, vision, and life insurance benefits only), and such change would affect the benefits under the plans, the City agrees to meet with representatives of the Union prior to implementing the change in order to negotiate the impact of any proposed change. Section 28.4 Life Insurance. Effective upon execution of this Contract, the City shall provide group term life insurance coverage in an amount equal to 1.5 times each employee's annual base compensation rate, with a minimum coverage level of $50,000 and a maximum overage level of $150,000. The full premium for this coverage shall be paid by the City. For purposes of administrative efficiency, the annual base compensation rate in effect on December 315L of each year shall be used to calculate the amount of life insurance the employee will have the following year (e.g. annual base compensation level in effect on 12-31-2005 shall be used to calculate the life insurance amount the employee will have during the 2006 calendar year). In addition, the coverage reduction provisions within the existing life insurance policy in effect as of 12-31- 2002, which begins at age 65, shall remain in the life insurance policy under the new Agreement. Coverage amounts shall be doubled if the employee is killed in the line of duty. ARTICLE 29 SICK LEAVE 4R Section 29.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the rate of X1.614 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, lithe employee shall accrue sick leave at the rate of 8~-.0577 hours for each one (1) hour in full pay status during the pay period. New employees shall be granted sick leave at the date of their employment and "advanced" three (3) days of sick leave. However, no additional sick leave will be allowed to accumulate until the end of the third month of employment. Section 29.2 Use of Sick Leave. Sick leave with full straight-time pay shall be granted for the following reasons: A. ~ Personal illness or disability of the employee; B. Illness or ~3~physical incapacity 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. Communications Technicians 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 hi~the City l~Iana~er's or the City 11~lanager's desi ng~ ee's 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 l~rthe emplo, supervisor not later than one (1) hour before h~the employee's 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, l~e~she-the employee may be required by the Communications Supervisor to submit a doctor's certificate verifying the illness 49 and justifying the necessity of the absence. If the Communications Supervisor determines that an employee's use of sick leave is not justified, the Communications 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, the employee shall be subject to disciplinary action, including possible suspension or 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 Communications Supervisor, 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 c ui arter (~~~ -hour increments. Section 29.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of the employee's sick cleave as follows: A. Upon Retirement 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 with a pension from said system, 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 five hundred forty (540) hours (67.5 paid days). In the event an employee dies while in the employ of the City, except as provided in paragraph (D) of this section, and the employee qualifies for the employee's respective retirement/pension fund, the employee's surviving spouse, or secondarily, the employee's estate shall be paid the aforementioned rate of redemption for accrued unused sick leave. 50 B. Upon Resignation After twenty (20) years of non-continuous service with the City of Dublin City, an employee who resigns from City service in good standing (employee's separation must not be for just cause) and who has a minimum of one thousand two hundred eighty (1,280) hours of Ssick Lleave in leis=hey-the employee's sick cleave balance at the time of resignation, shall be entitled to convert a portion of the employee's unused sick Lleave balance. The conversion payment under this provision shall be the employee's straight-time hourly rate of pay multiplied by one-third (1/3) of the total number of unused sick Lleave hours, up to a maximum of five hundred (500) hours. C. Annual Conversion During the month of December of each year, an employee may convert a portion of the employee's accrued but unused sick Lleave to a cash payment subject to all of the following conditions: 1) The employee must have a sick Lleave balance of at least seven hundred twenty (720) hours at the end of the first pay period in December; 2) The employee must have thirty two (32) hours or less of sick Lleave usage as of the end of the first pay period in December (FMLA protected leave exempted); 3) The employee may convert no more than thirty two (32) hours of Ssick leave to pay; 4) Sick Lleave shall be converted at the rate of two (2) hours of sick Lleave to one (1) hour of pay at the straight time hourly rate of pay; 5) Once ,sick Lleave has been converted to pay, it shall not be converted back to sick Lleave. 6) This payment shall be made to the employee by separate check with the first pay of the follo~~~in~ calendar near. D. Killed in the Line of Duty If an employee is killed while perfornling h~-the employee's authorized, assigned job duties, lithe employee's 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. 51 Section 29.4 Sick Leave Transfer from Prior Public Employer. 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 ~, 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. Employees hired on or after the effective date of this Contract, whose sick leave is transferred from another public employer, must first use sick leave accrued ~~~ith the Citesprior to using the employee's transferred sick leave Valance. In addition, employees hired on or after the effective date of this Contract, shall not be eligible for conversation of sick leave to a cash payment either on an annual basis or upon separation. ARTICLE 30 INJURY LEAVE Section 3~.1 Iniury Leave iwith Pay. 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. This one hundred eighty (180) calendar days must be used ~~~ithin t`~~o (2) calendar years of the employee's date of injury. Such leave shall be granted by the City Manager, or lithe City Manager's 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 anon-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 lithe etnployee's supervisor within three (3) work-days of the incident giving rise to the illness/injury. Simultaneously with the request for injury leave, the employee shall 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 shall be the monetary difference between the employee's regular rate of pay and benefits received under the Workers' Compensation system. In cases where injury leave or medical leave are necessary, the Chief of Police may offer a modified work assignment 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 31 52 SPECIAL LEAVES Section 31.1 Leave V4~'itliout Pay. Leave without pay may be granted, upon the approval of the City Manager, or h~the City N1ana~er's designee, if requested in writing by the employee. An employee on leave without pay shall not accrue sick leave., compensatory time or vacation benefits and, except for the time spent on FMLA Leave, the employee will be required to pay one hundred percent (144%) of the cost associated with maintaining lithe employee's medical, dental, vision insurance coverages if lithe employee wishes any or all of said coverages continued. Leave without pay during an employee's probationary period shall extend the probationary period by a period of time equivalent to the time spent on Lleave without gpay. Failure of any employee to report promptly at the expiration of such leave of absence shall be considered as a resignation. Leave without pay may be granted for: A. Personal Leave. A leave without pay may be granted at the discretion of the City Manager, or leis-the City Mana eg is designee, for personal reasons not to exceed thirty (34) days without loss of seniority, if the employee can be spared. This may be extended only with the written approval of the City Manager, or leis-the City Nlana~er's designee, and must be submitted in writing a minimum of two (2) weeks prior to the requested date of the extension. B. Extended Illness or Accident Leave. A leave without pay may be 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 lithe employee's supervisor of the necessity therefore (and the supervisor shall transmit the request to the City Manager, or lithe City Manager's 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 hi~the City l~Iana6er's 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. (Employees may take paid leave (i.e. sick, personal, vacation, comp time) for maternity purposes provided the employee has sufficient paid leave balances to cover the period of absence.) (Use of paid sick Lleave for maternity purposes must be justified by a medical certification from a licensed physician.) D. Military Leave (Active Duty~. 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 31.2 Leave with Pay. Leave with pay may be granted upon the approval of the City Manager, or lithe City Mana e_g z'?s designee, to an employee in the following instances: A. Court Leave. Leave with pay may be granted to an employee in order that lithe employee may serve required jury duty or if he-the emplo~is required by law to appear in a case 53 resulting directly from the discharge of lithe employee's 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 lithe City ~-Tana eg is 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, 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, aunt, uncle, or any other relative living in the home of the employee. C. Nlilitary 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 military training or who is called to active duty, shall be entitled to a leave of absence with pay for a period or periods not to exceed twenty- two (22) eight (8) hour work days or one hundred seventy six (176) hours in any one (1) calendar year. An employee qualifying for paid military leave who is called or ordered to the uniformed services for longer than the above period shall be paid for the remaining time beyond the first twenty-two (22) eight (8) hour work days or one hundred seventy six (176) hours at ~~the employee's regular compensation rate less whatever compensation the employee may receive for such military service. If the employee's military compensation exceeds the compensation the employee is otherwise entitled to from the City, the employee will not be entitled to any additional compensation from the City. Provided, however, the City shall comply with all applicable state and federal law reaardin6 military leave. D. Family & Medical Leave. Pursuant to the Family and Medical Leave Act ("FMLA") 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 one thousand two hundred fifty (1,250) hours of service during the twelve (12) months before the leave is requested. The leave may be 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 employment functions. 54 The employee must provide the City with thirty (34) 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 City with certification of the condition from a health care provider. The City, at City 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 City's expense, shall be sought from a mutually agreeable physician, which shall be binding on both the employee and City. 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 FMLA leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to FMLA leave are both employed by the City, the aggregate number of workweeks of leave to which both may be entitled may be limited to 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 the employee's share of the health insurance cost (if any) during the unpaid leave. If the employee does not return from the leave, the employee 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 thirty (3Q) 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. Other. Leave with pay may be granted by the City Manager, or lithe City Manager's 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 32 LEAVE DONATION PROGRAM Section 32.1 Puruose. The purpose of this Article is to establish regulations governing the operation of a Leave Donation Program that allows employees to voluntarily donate sick leave, vacation leave, personal leave, or compensatory time to another employee when the employee experiences a catastrophic illness/injury, or when such an employee's immediate household family member experiences such an illness or injury requiring the employee's personal care and attendance, and the employee has exhausted all of the employee's sick leave, vacation leave, personal leave, compensatory time, or other applicable paid leave balance. Section 32.2 Defuutions. 55 Catastrophic IlUiesslIniury - a devastating illness or injury that is expected to incapacitate the employee or a member of the employee's immediate household family for an extended period of time, provided that taking extended time off from work creates a financial hardship for the employee because hers-he-the employee has exhausted all leave balances. Catastrophic illnesses or injuries would commonly include, but are not necessarily limited to, the following: cancer, AIDS, heart attack, heart surgery, stroke, or permanent paralysis. Donation -the act of voluntarily, unconditionally, and irrevocably surrendering a portion of one's sick leave, vacation leave, personal leave, and/or compensatory time to a qualified employee. Immediate Family Member -Mother, father, spouse, son, daughter, stepson, stepdaughter, legal guardian, or someone who legally stands in place of a parent. Section 32.3 Program Regulations A. Eligibility Eligibility to receive donated leave under this program shall be limited to those employees in full-time permanent positions who have a total of one hundred twenty (124) hours or less in all forms of paid leave in the aggregate (i.e. sick leave, vacation leave, personal leave, compensatory time) at the time of their written request to receive donated leave, and who have not been disciplined for leave abuse the two (2) years prior to the date of their request to receive donated leave. B. Request for Leave When an employee has less than a total of one hundred twenty (120) hours in all forms of paid leave (as specified above) in the aggregate, the employee or the employee's Division Head (with the employee's consent) may initiate a request for assistance. The request shall be forwarded to the affected employee's Department Head for review and consideration of the facts and circumstances specific to the employee's need. Such review shall include, but not necessarily be limited to, an assessment of a written certification from the employee's physician regarding the employee's or family member's medical condition, an analysis of the employee's sick leave usage and overall work history with the ~`~*t~ ^~ T'•~'^''•^~, and consideration of input provided by the Department's supervisory/managerial staff. Following this review by the affected employee's Department Head, the Department Head may recommend approval for receipt of donated leave to the City Manager. The City Manager shall make the final decision regarding approval of the employee's request. The final decision to approve or disapprove the request rests within the sole discretion of the City Manager. 56 C. Donation Process, Procedures & Requirements Should the employee's request to receive donated leave be approved by the City Manager, employees (herein called donors) who desire to contribute leave time shall complete a "Leave Donation Form", a copy of which is attached. Such forms shall be made available by the Division of Human Resources/Procurement and by each Department/Division. The donor shall designate on the form the name of the employee who is to be the recipient of the donated leave and the amount of such donated leave. Leave shall be donated in the following sequence and amounts for each approved recipient: 1) The first eight (8) hours of any donation shall be vacation leave. If the donor does not have vacation time available, this requirement may be waived or reduced by the Department Head. 2) The second eight (8) hours of any donation shall be personal leave, compensatory time, or vacation leave. If the donor does not have eight (8) hours of such leave available, this requirement may be waived or reduced by the Department Head. 3) After sixteen (16) hours of vacation leave, personal leave, or compensatory time have been donate, or waived as specified above, sick leave may then be donated. Sick leave donations shall be limited to forty (40) hours. After forty (40) hours of sick leave donation has been reached, the entire donation sequence may begin again starting with item #I above. D. Minimum Donation Increments The minimum amount of leave time which can be donated shall be one (1) hour. Donors may contribute any amount of time at or above one (1) hour in whole amounts (no fractions of an hour can be transferred}. However, the donor shall not be allowed to donate an amount. of leave which would reduce the donor's leave balance or combination of balances below one hundred and twenty (120) hours of available leave time. E. Divisional Coordinator Should the employee's request to receive donated leave be approved by the City Manager, the employee's Division Head shall designate another employee of the same Division to serve as "Divisional Coordinator". The role of "Divisional Coordinator" shall be to facilitate the flow of information and to maintain a direct line of communication with the recipient. Upon approval of all Leave Donation Forms by the donor's Department Head, all such forms shall be forwarded directly to the "Divisional Coordinator". The "Divisional Coordinator" shall collect all such forms, determine the proper number of hours necessary to satisfy the recipient's need, on a pay period-by-pay period basis, match the donated leave hours to the established need (again on a pay period-by-pay period basis), and forward the required number of Leave Donation forms with the recipient's time sheet directly to the Department of Finance. 57 Should the number of donated leave hours exceed the recipient's need for a given pay period, those excess donated leave hours will be held in reserve by the "Divisional Coordinator" and will be used to satisfy the recipient's continuing future need for such hours. Should the recipient's eligibility to receive donated leave cease, in accordance with Section 32.3 K. ("Eligibility Ceases"), and donated hours remain in the above referenced reserve, these hours will be returned to the donor within a reasonable period of time thereafter. (It is critical to note that once donated leave time is forwarded from the "Divisional Coordinator" to the Finance Department, and such donated leave time is actually physically transferred from the donor's leave balance to the recipient's sick leave balance, the donor has no right to recover any portion of such leave time.) F. Donation Credited Upon receipt of all approved Leave Donation Forms, the Department of Finance will credit all donated leave time to the recipient's sick leave balance. G. Conditions on Receipt of Leave Before an employee may receive the donated leave, the employee must have exhausted all of the employee's sick leave, vacation leave, personal leave, compensatory time, or other applicable leave balances available to hi~~the employee (excluding the exception listed below). Exception: One leave balance designated by the employee (other than sick leave) may contain no more than twenty-four (24) hours of leave time. Such leave time will be held in reserve to allow the employee the opportunity to take some time off following the end of the catastrophic situation, should such time off be needed to attend to family needs. H. Prohibition on Continued Accrual of Leave While using donated leave, the employee shall not accrue or receive any leave time in excess of the twenty-four (24) hours identified in item U above. I. Prohibition on Conversion to Cash All donated leave time, regardless of the type, shall be considered to be sick leave and shall only be used under the conditions of sick leave as set forth in the Collective Bargaining Agreement or the City Personnel Code (whichever is applicable). No cash payments shall be provided to the employee or the surviving spouse of the employee under this program. J. Continuation of Medical, Dental, Vision, Life Insurance And Other Benefits Employees using donated leave shall be considered to be in paid status solely for the purpose of receiving all medical, dental, vision, and life insurance benefits, step increases, merit increases, longevity payments, and seniority credit to which they would have otherwise been ~8 entitled. However, original or promotional probationary employees using such leave shall have their probationary periods extended by the same length of time for which the employee has used the donated leave. K. Eli~ibilit_y Ceases Eligibility to receive donated leave under this program shall cease upon certification from the employee's physician that'~the employee is capable of engaging in sustained regular employment, certification from the employee's family member's physician documenting the family member's recovery from the catastrophic illness/injury, an employee's application for disability retirement is approved by the appropriate retirement system (Public Employee's Retirement System of Ohio), or death of the employee or employee's family member, whichever should first occur. ARTICLE 33 TRAINING AND TUITION REINIBURSENIENT 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 may be 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 l~-the employee's 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 a work-related duty, the employee shall receive all pay and benefits to which lithe employee 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, with the exception of training programs/seminars ~~vhich are hosted by the City at the Dublin Justice Center. C. The employer shall pay the current rate for mileage, as determined by the IRS, when an 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 59 airfare at teu~ist~tourist's 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 may be issued in advance for expenses related to paragraphs A and D of this Section. Time spent in transit, when it involves travel away from home overnight, shall be considered work time and, therefore, is compensable. Leisure time and sleep time are not considered work time and are, therefore, not compensable. 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 Three Thousand Seven Hundred and Fifty Dollars ($3,89754) 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 Anuloval. All coursework subject to reimbursement shall be transmitted, in advance and through the Chief of Police, to the Director of Human Resources or the Director of Human Resources' designee for approval. The Chief of Police shall provide a written recommendation concerning approval/disapproval of the request at time of transmittal to the Director of n°r~~^„~°' ~•~~' D~•r^'~^^~„~ Human Resources or the Director of Human Resources' designee. 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 or the Director of Hurnan Resources' designee shall evaluate the employee's coursework degree program for job-relatedness and shall notify the employee, in writing, regarding 1~-the approval/disapproval 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. 64 C. Course Attendance. Courses are to be taken on other than scheduled working hours, unless approval is obtained from the Chief of Police, or leis-the Chief of Police's designee, to take such courses on work time. C. Reimbursement Procedure. Reimbursement shall be made upon successful completion of a course with a grade of C (2.44) or better. The employee shall submit an official transcript or certificate demonstrating successful completion of the course and a receipt fiom 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 E1~IPLOYEE INCENTIVE PROGRAMS Section 34.1 Employee Incentive Programs. Members of the bargaining unit shall be eligible for employee incentive programs offered to other non-bargaining unit employees of the City. This article is not intended and does not apply to programs that are part of a compensation, benefits, or economic package. 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 34.2 Employee 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 modifications to present or future discounts will also be applied to bargaining unit employees and non-bargaining unit employees alike. ARTICLE 35 TRAINING ASSIGNMENTS Section 35.1 Compensation. Any employee who serves in the capacity of a trainer shall be entitled to t« o (2) hours of compensatory time for each eight (8) hours of training time spent with the trainee. 61 ARTICLE 36 DURATION Section 36.1 Duration. All of the provisions of this Contract shall become effective January 1, 2449, unless otherwise specified. This Contract shall continue in full force and effect until December 31, 2411. Section 36.2 Signatures. Signed and dated at Dublin, Ohio on or as of this th day of For the Fraternal Order of Police, Oliio Labor Council, Inc. Tracy Rader Staff Representative Amy Chapin Bargaining Committee Member For the City of Dublin: 11~Iike Epperson, Deputy City Manager David Harding Director of Human Resources 62