HomeMy WebLinkAbout06-05 Resolution
RECORD OF RESOLUTIONS
________Eyton Legal__~~a.n~J!:1E:_: Form No_ 30045 ------------- -..--- --- ------
------------ - ._---------~_._----
06-05 I
Resolution No. Passed I
.20 -,t:=
- ----- - ---------...-- - - ---------- -------
- ---- - --- -- -----------.--......- _._--~,--
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT
WITH THE FRATERNAL ORDER OF POLICE, CAPITAL
CITY LODGE NO.9 REGARDING WAGES, HOURS, TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
WITHIN THE POLICE OFFICER, CORPORAL, AND
SERGEANT BARGAINING UNITS.
WHEREAS, the City of Dublin and the Fraternal Order of Police, Capital City Lodge
No.9, have reached agreement regarding wages, hours, terms, and conditions of
employment for employees within the Police Officer, Corporal, and Sergeant bargaining
units; and
WHEREAS, Council has determined that the attached Agreement should be entered into
by the City Manager;
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe 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, Capital City Lodge
No.9 regarding wages, hours, terms, and conditions of employment for employees within
the Police Officer, Corporal, and Sergeant bargaining units.
Section 2. That, as referenced in Section 1.4 ofthe attached Agreement, said Agreement
shall supersede and replace all applicable state and local laws that it has the authority to
supersede and replace.
Section 3. That this resolution shall be effective upon passage as provided under
Section 4.04 (a) of the Revised Dublin Charter.
..
Passed this !i:fh- day of f1pv.L ,2005.
~-
Mayor - Presiding Officer
ATTEST:
Ch1/1/~ C-~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Office of the City Manager
5200 Emerald Parkway · Dublin, OR 43017
Phone: 614-410-4400 · Fax: 614-410-4490 Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City ManageU~. (!)~
Date: March 28, 2005
Initiated By: David L. Harding, Director of Human Resources ~
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the Fraternal
Order of Police, Capital City Lodge No.9 (police Officers, Corporals, and Sergeants)
SUMMARY
Attached for your consideration, please find Resolution No. 06-05 authorizing the City Manager to enter into a
Collective Bargaining Agreement with the Fraternal Order of Police Capital City Lodge No.9 regarding wages,
hours, terms, and conditions of employment for employees within the Police Officer, Corporal, and Sergeant
bargaining units, which are comprised of 66 employees, Also attached for your reference is a copy of the
proposed Agreement. Staff has been advised by the FOP Lodge representative that the proposed Agreement has
been ratified by both bargaining units.
The attached Agreement was negotiated over the course of 11 meetings and the negotiation process can be
characterized as positive in nature with both parties approaching the process with a commitment to understand the
other's needs and interests. Both bargaining teams worked hard to find compromise and produce an Agreement
that is fair to both parties. Where economic increases were agreed to, such were supported by the comparables,
both internal to the organization as well as those in the external market. The term of this proposed Agreement is
three (3) years extending from January 1, 2005 through December 31, 2007. The wage impact of the proposed
Agreement has been projected at $173,321 in the first year of the Agreement (2005), $209,937 in the second year
(2006), and $194,414 in the third year (2007). Finance has determined that sufficient funding exists within the
2005 Operating Budget to implement the Agreement.
The significant economic increases or changes associated with this new Agreement are summarized as follows:
Rates ofPav/Waees (Article 19)
~ Waees (Section 19.1)
The wage rates identified in Section 19.1 for 2005 represent a 4% increase above current wage rates;
the rates identified for 2006 and 2007 represent a 4% increase in each year. Recent contracts with
Public Safety units in the Central Ohio area indicate that the norm for wage increases in such units is
4%.
~ Loneevitv Pay (Section 19.5)
The longevity pay structure in Section 19.5 provides for an increase at each level in the longevity
schedule. The new longevity schedule provides for a $25 increase (from $650 to $675) at the 4-6 year
level; a $25 increase (from $850 to $875) at the 7-10 year level; a $50 increase (from $1,050 to
$1,100) at the 11-14 year level; a $50 increase (from $1,150 to $1,200) at the 15-19 year level; and a
$100 increase (from $1,275 to $1,375) at the 20 or more year level. The longevity pay comparables
gathered by Staff during the negotiation process support such movement. (The longevity pay
schedules in multiple cities "top-out" at amounts above $1,375, with one city "topping-out" at
$2,600.)
~ Instant Bonus Pro2ram (Section 19.6)
Section 19.6 is a new provision, which provides for an Instant Bonus Program. This program is
identical to the program currently in place for all other union and non-union personnel in the City.
~ Shift Differential Pay (Section 19.7)
The shift differential pay provision contained in Section 19.7 reflects an increase in the hourly shift
differential supplement from the current level of $,90 per hour to $.95 per hour effective 1-1-06;
effective 1-1-07, the shift differential supplement will increase to $1.00 per hour. The shift
differential comparables obtained by Staff reflect that the highest current shift differential supplement
is $1.l5/hour.
Uniforms. Equipment. & Allowance (Article 22)
~ Annual Uniform and Equipment Allowance (Section 22.4)
The annual uniform and equipment allowance reflected in Section 22.4 represents an increase of $50
(from $800 to $850). The comparables from other cities indicate that multiple cities reported
amounts at $850 or above, with one city reporting an amount of $1,100.
~ Annual "Plain Clothes" and Equipment Allowance (Section 22.5)
The annual "plain clothes" and equipment allowance in Section 22.5 represents an increase of $50
(from $800 to $850). (The same comparables as referenced above are applicable to the "Plain
Clothes" allowance.)
~ Dama2ed. Destroyed. Lost Personal Property (Section 22.8)
The maximum reimbursement for damaged, destroyed, or lost personal property, previously approved
for City use, represents an increase of$25 (from $100 to $125). The comparables for this section of
the Agreement reflect that multiple cities reported amounts ranging from $150 to $300, with the norm
being $230.
Vacation Leave (Article 23)
~ Vacation Leave Accrual (Section 23.3)
The vacation accrual schedule in Section 23.3 provides for a minor increase in the number of hours of
vacation leave an employee may accrue at the 11-15, 16-20 and 21 on more years of service levels.
(The accrual schedule for the 0-1, 2-4, and 5-10 year levels remains unchanged.) The new schedule
provides for an increase of 4 hours (from 170 to 174) at the 11-15 years level, an increase of 8 hours
(from 192 to 200) at the 16-20 years level, and an increase of 4 hours (from 226 to 230) at 21 or more
years. The vacation comparables gathered by Staff indicate that the upper levels of our current
vacation accrual schedule are not as competitive as the lower levels. (The maximum vacation accrual
rates in multiple cities exceed 230, with one "topping out" at 264.)
~ Vacation Carry Over (Section 23.4)
The amount of vacation leave a member may automatically carry over from one payroll calendar year
to another under Section 23.4 has increased for members with eleven (II) or more years of public.
Under this provision, members with eleven (II) or more years of public service may now
automatically carry over 200 hours of vacation leave from one payroll year to another. Again, the
comparables support movement in this area. (Multiple cities allow for the carry over of vacation
hours at the rate of two, three, and four times the member's maximum annual accrual rate.)
2
Personal Leave (Article 25)
~ Personal Leave Allocation (Section 25.1)
The pro-rated personal leave allocation table reflected in this section represents a significant change.
Under the current allocation procedure, a member receives 32 hours of personal leave upon
appointment, unless appointed on or after November 1, in which case the member receives 8 hours.
The proposed pro-rated allocation schedule does not increase the amount of personal leave beyond
the current 32 allocation level, however, it establishes a more logical pro-rated formula based on the
quarter of the year in which the new hire starts. The proposed provision regarding the use of 16 hours
of personal leave on two occasions with only a 2-hour notice also represents a change. Under the
current provision, a member may only use 8 hours on one occasion with such notice.
Insurance (Article 26)
~ Medical. Dental. Vision. & Life Insurance (Article 26.1)
Section 26.1 contains the same medical plan design changes previously implemented for all non-
union personnel and union personnel within the United Steelworkers bargaining unit. These plan
design changes require greater cost sharing on the part of employees and include an Emergency
Room charge, higher Prescription Drug Co-Payments, a Co-Insurance differential for "in-network"
and "out-of-network" benefits (90/10 in-network, 80/20 out-of-network), and higher Out-of-Pocket
Maximums.
~ Life Insurance (Section 26.4)
Section 26.4 provides for an increase in life insurance from a flat $75,000 for each employee to 1.5
times the employee's annual base compensation, with a minimum coverage level of $75,000 and a
maximum coverage level of $150,000. This 1.5 times annual base compensation coverage formula is
consistent with the coverage formula in place for all other union and non-union personnel in the City.
Sick Leave (Article 27)
~ Sick Leave Conversion (Section 27.3)
Section 27.3 contains a significant change in the Conversion Upon Separation provision. Under the
proposed provision in Section 27.3A, a member could convert hislher sick upon separation provided
the member leaves in good standing; the member has at least 15 years of public service, 10 of which
must be full-time continuous service with the City; and the member has a minimum sick leave
balance of 900 hours upon separation. The member could convert hislher sick leave at the rate of 1/3
up to a maximum of 600 hours. Under the current provision, a member may convert sick leave after
at least 10 full years of continuous service with the City, either upon layoff or retirement with the
Police and Fire Pension Fund, or upon resignation after 20 years of service with the City if the
member has a minimum sick leave balance of 900 hours. Under all current options, the conversion
rate is 1/3 up to a maximum of 580 hours. The benefit comparables obtained from other communities
in the Central Ohio area reveal that most entities' sick leave conversion programs are considerably
more generous than Dublin's, with many of these programs having no minimum service
requirements, many having higher caps on the hours that may be converted, and none requiring
retirement through the Police and Fire Pension Fund.
3
The Annual Sick Leave Conversion provision contained in Section 27.3B also contains changes.
Under the proposed provision, a member could convert up to 20 hours of sick year on an annual basis
at the rate of one hour of sick leave to one hour of pay, provided he/she does not use more than 40
hours of sick leave during the previous 12 months and has a minimum sick leave balance of 720
hours at the end of the first pay period in December. Under the current provision, the member may
convert no more than 40 hours of sick leave at the rate of two to one, provided the member has a
minimum balance of 720 hours at the end of the preceding year. The current provision has no
threshold on usage during the preceding year in order to qualify for the conversion option. The
addition of the 40 hour threshold, under the proposed provision, establishes such an eligibility
requirement. The sick leave conversion comparables from other cities reflect that in the majority of
the cities offering an annual conversion option, the conversion rate is one to one, there are no
minimum usage thresholds, and the maximum number of hours that may be converted are
considerably higher than 20.
Iniury Leave (Article 28)
~ Iniury Leave with Pay (Section 28.1)
The proposed injury leave provision in Section 28.1 contains a significant change. Under the
proposed provision, a member may use 180 days of injury leave within the span of one calendar year.
Under the current provision, a member receives 180 days of injury leave, but these 180 days must be
used consecutively from the date of injury. Once again, the comparables gathered by Staff support
this change. (Most cities have no limitation on the timeframe in which injury leave must be used.)
Trainine: & Tuition Reimbursement (Article 30)
~ Tuition Reimbursement (Article 30.2)
Section 30.2 provides for a $250 increase in tuition reimbursement in 2005 and another $250 increase
in 2006. Under Section 34.2 A, employees would now be eligible to receive a maximum of $3,000 in
reimbursement per calendar year, up from the current $2,750 maximum and effective January 1,
2006, would be eligible to receive a maximum reimbursement of $3,250. Once again, the
comparables support these increases. (The amounts reported by other Cities reflect that multiple
cities offer tuition reimbursement amounts in the range of $3,500 to $4,000.)
RECOMMENDATION
Staff believes that the attached Collective Bargaining Agreement is fair to both parties; therefore, Staff
recommends that Council adopt Resolution No. 06-05 at the April 4, 2005 Council Meeting.
/lew
Attachments
4
CITY OF DUBLINTM
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE, CAPITAL
CITY LODGE NO.9
POLICE OFFICERS & SERGEANTS
BARGAINING UNITS
CONTRACT PERIOD:
JANUARY 1, 2005 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 - AGREEMENT
. 1.1 - Agreement 1
. 1.2 - Purpose 1
. 1.3 - References 1
. 1.4 - Applicability 1
ARTICLE 2 - RECOGNITION
. 2.1 - Recognition 1
. 2.2 - Bargaining Units 2
ARTICLE 3 - LODGE SECURITY
. 3.1 - Dues Deduction 2
. 3.2 - Fair Share Fee 3
. 3.3 - Bulletin Boards 3
. 3.4 - Meeting Locations 3
. 3.5 - Ballot Boxes 4
. 3.6 - Use ofIntra-Departmental Mail and E-Mail System 4
. 3.7 - Lodge Business 4
ARTICLE 4 - NONDISCRIMINATION
. 4.1 - Joint Pledge 5
. 4.2 - Employer Pledge 5
. 4.3 - Lodge Pledge 5
ARTICLE 5 - MANAGEMENT RIGHTS
. 5.1 - Management Rights 5
ARTICLE 6 - LABOR/MANAGEMENT MEETINGS
. 6.1 - Meetings 6
ARTICLE 7 - BARGAINING UNIT BUSINESS
. 7.1 - Grievance Representatives 6
. 7.2 - Negotiating Committee 7
ARTICLE 8 - GRIEVANCE PROCEDURE
. 8.1 - Definition 7
. 8.2 - Jurisdiction 7
. 8.3 - Qualifications 7
. 8.4 - Grievance Form 8
. 8.5 - Grievance Procedure 8
. 8.6 - Right to Representation 10
. 8.7 - Extension of Time Limits 10
ARTICLE 9 - INTERNAL REVIEW PROCEDURES
. 9.1- Scope 10
. 9.2 - Informal Process for Non-Serious Complaints or Offenses 10
. 9.3 - Notification 11
. 9.4 - Right to Representation 11
. 9.5 - Conduct of Questioning 11
. 9.6 - Access to Tapes and Documents 12
. 9.7 - Application 12
. 9.8 - Citizen Complaint 12
ARTICLE 10 - DISCIPLINE
. 10.1 - Discipline for Cause 13
. 10.2 - Progressive Discipline 13
. 10.3 - Disciplinary Action 14
. lOA - Pre-Disciplinary Conference 14
. 10.5 - Appeal 15
ARTICLE 11 - PERSONNEL FILES
. 11.1 - Unfavorable/Inaccurate Documents 15
. 11.2 - Copies of Records in Personnel Files 15
. 11.3 - Duration of Counseling StatementslDisciplinary Records 15
. 11.4 - Review of Personnel Files 16
ARTICLE 12 - DIRECTIVES/GENERAL ORDERS
. 12.1 - Directives/General Orders 16
ARTICLE 13 - POLITICAL ACTIVITY
. 13.1 - Political Activity 17
ARTICLE 14 - SENIORITY
. 14.1 - Seniority Defined 17
. 14.2 - Application of Seniority 18
. 14.3 - Filling of Job Assignments 18
. 14A - Filling of Shift Assignments 18
. 14.5 - No Posting Response 19
. 14.6 - Patrol Scheduling Standards 19
ARTICLE 15 - EMPLOYEE ASSISTANCE PROGRAM
. 15.1 - Employee Assistance 21
. 15.2 - Coverage Terms & Conditions 21
. 15.3 - Other EAP Terms & Conditions 21
ARTICLE 16-LAYOFFS
. 16.1 - Action 22
. 16.2 - Recall and Reinstatement 22
ARTICLE 17 - MISCELLANEOUS
. 17.1 - Safe Equipment 23
. 17.2 - Agreement Copies 23
. 17.3 - Mail 23
. 17.4 - Reimbursement for Expenses and Travel 23
ARTICLE 18 - SUBSTANCE ABUSE AND TESTING
. 18.1 - Purpose 24
~.*,
. 18.2 - Responsibility 24
. 18.3 - Supervisory Training 24
. 18.4 - Non-Supervisor Training 25
. 18.5 - Definitions 25
. 18.6 - Prohibited Conduct 25
. 18.7 - Reasonable Belief Testing 26
. 18.8 - Testing Determination 26
. 18.9 - Urine Samples 26
. 18.10 - Drug Testing Procedure 26
. 18.11 - Drug Test Results 27
. 18.12 - Alcohol Testing 27
. 18.13 - Alcohol Testing Procedure and Results 27
. 18.14 - DisciplinelRehabilitation 28
ARTICLEI9-RATESOFPAY~AGES
. 19.1 - Wages 28
. 19.2 - Appointment and Advanced Step Hiring 29
. 19.3 - Police Officer Step Advancement 29
. 19.4 - Application of Pay Rates 29
. 19.5 - Longevity Pay 30
. 19.6 - Instant Bonus Program 30
. 19.7 - Shift Differential 31
ARTICLE 20 - RATES FOR MEMBERS FOLLOWING
CERTAIN PERSONNEL ACTIONS
. 20.1 - Temporary Work Assignment 32
. 20.2 - Return to Duty 32
. 20.3 - Return from Military Service 32
. 20.4 - Reinstatement from Authorized Leave 32
ARTICLE 21 - HOURS OF WORK AND OVERTIME
. 21.1 - Workweek 32
. 21.2 - Overtime 33
. 21.3 - Seventh Consecutive Day of Work 33
. 21.4 - Call-In Pay/Court Pay 33
. 21.5 - Compensatory Time 33
. 21.6 - Payment for Accrued Compensatory Time Upon Separation 34
. 21.7 - Use of Casual Leave Time 34
. 21.8 - Application to Special Duty 34
. 21.9 - On-Call Pay 35
ARTICLE 22 - UNIFORMS, EQUIPMENT, AND ALLOWANCES
. 22.1 - Initial Issue 35
. 22.2 - Change in Issuance 36
. 22.3 - Plain Clothes Issue 36
. 22.4 - Annual Uniform and Equipment Allowance 36
. 22.5 - Annual "Plain Clothes" and Equipment Allowance 36
. 22.6 - Required Purchases 36
. 22.7 - Dry Cleaning 36
. 22.8 - Damaged, Destroyed, Lost Personal Property 36
. 22.9 - Termination 37
ARTICLE 23 - VACATION LEAVE
. 23.1 - Vacation Year 38
. 23.2 - Conditions for Accrual 38
. 23.3 - Accrual Schedule for Vacations 38
. 23.4 - Vacation Carry-Over 38
. 23.5 - Vacation SchedulingfUse 38
. 23.6 - Rates of Pay for Vacation Hours 39
. 23.7 - Payment for Accrued Vacation Leave Upon
Resignation/Separation and Death 39
. 23.8 - Prior Public Service Credit 39
ARTICLE 24 - HOLIDAYS
. 24.1 - Paid Holidays 40
. 24.2 - Special Holidays 40
. 24.3 - Holiday Work 40
. 24.4 - Holiday Pay 40
. 24.5 - Comp Time, Personal Leave, Vacation Leave on Holidays 41
ARTICLE 25 - PERSONAL LEAVE
. 25.1 - Personal Leave 41
. 25.2 - Payment for Unused Personal Leave Upon Layoff or Death 42
ARTICLE 26-INSURANCE
. 26.1 - Medical, Dental & Vision Benefits 42
. 26.2 - Liability Insurance 44
. 26.3 - Change in Carriers 44
. 26.4 - Life Insurance 44
ARTICLE 27 - SICK LEAVE
. 27.1 - Sick Leave Accrual 44
. 27.2 - Use of Sick Leave 45
. 27.3 - Conversion of Sick Leave 45
. 27.4 - Sick Leave Transfer from Prior Public Employer 46
ARTICLE 28 - INJURY LEA VE
. 28.1 - Injury Leave With Pay 47
ARTICLE 29 - SPECIAL LEAVES
. 29.1 - Leave With/Without Pay 47
. 29.2 - Jury Duty Leave 48
. 29.3 - Bereavement Leave 48
. 29.4 - Military Leave 49
. 29.5 - Family and Medical Leave 49
ARTICLE 30 - TRAINING AND TUITION REIMBURSEMENT
. 30.1 - Training 50
. 30.2 - Tuition Reimbursement 51
ARTICLE 31 - FIELD TRAINING OFFICERS
. 31.1 - Compensation 52
ARTICLE 32 - CANINE UNIT
. 32.1 - Compensation for Care and Maintenance of Division Canine 52
ARTICLE 33 - EMPLOYEE INCENTIVE PROGRAMS
. 33.1 - Employee Incentive Programs 53
. 33.2 - Employee Discounts 53
ARTICLE 34 - DURATION
. 34.1 - Duration 53
. 34.2 - Signature 53
ARTICLE 1
AGREEMENT
Section 1.1 A2reement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, hereinafter referred to as "Employer", "City", or
"Division", and the Fraternal Order of Police, Capital City Lodge No.9, hereinafter referred to
as the "Lodge".
Section 1.2 Purpose. This Agreement is made for the purpose of setting forth the
understandings and agreements between the City and the Lodge governing the wages, hours,
terms and conditions of employment for those employees (hereinafter referred to as "members"
or "member") included in the bargaining units identified herein.
Section 1.3 References. Should any part of this Agreement 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 Agreement 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 such invalidation is applicable. Should such
events take place, and upon written request by either party, the parties to this Agreement shall
meet within thirty (30) days of receipt of the written request in an attempt to modify the
invalidated provisions by good faith negotiations.
The Employer and the Lodge agree that no representative of either party shall make or ask a
member to make any written or verbal agreement which would conflict with this Agreement.
Unless otherwise specifically provided in this Agreement, no changes in this Agreement shall be
negotiated during its duration unless there is written accord by and between the parties to do so.
To be incorporated within this Agreement, any changes must be in writing and signed by the
parties.
Section 1.4 Applicability. This Agreement shall be memorialized by legislation of the Dublin
City Council and when memorialized shall supersede and replace all applicable state and local
laws which it has authority to supersede and replace. Where this Agreement is silent, the
provisions of applicable law shall prevail. Economic benefits granted to employees within the
bargaining units governed by this Agreement, which are sanctioned by the Employer and which
are in effect on the ratification date of this Agreement and which are not specifically provided for
or abridged by this Agreement, shall not be lessened during the term of this Agreement.
ARTICLE 2
RECOGNITION
Section 2.1 Reco2nition. The Employer recognizes the Lodge as the sole and exclusive
representative of all members in any and all matters relating to wages, hours, terms and
1
conditions of employment, and the continuation, modification, or deletion of an existing
provision of this Agreement and for the administration of this Agreement.
Section 2.2 Barf!aininf! Units. There shall exist in the City of Dublin two (2) bargaining Units
and they shall consist of:
A. All full-time sworn police officers below the rank of Corporal who are employed
by the Employer.
B. All full-time sworn police officers of the rank of Corporal or above who are
employed by the Employer, but excluding the rank of Lieutenant and Chief.
References throughout this Agreement to members shall mean employees within both bargaining
units, unless specified otherwise.
ARTICLE 3
LODGE SECURITY
Section 3.1 Dues Deduction. The Employer agrees to deduct Lodge membership dues in the
amount certified by the Lodge to the Employer, the first pay period of each month from the pay
of any Lodge member requesting the same in writing. The Employer also agrees to deduct
Lodge Initiation fees and assessments, in the amount certified by the Lodge to the Employer, the
first pay period of each month, in which such fees and assessments are due, from the pay of any
appropriate Lodge member.
If a deduction is desired, the Lodge member shall sign a payroll deduction form which shall be
furnished to the Financial Secretary of the Lodge. Once each calendar month, a warrant in the
aggregate amount of the deductions made for that calendar month, together with a listing of the
Lodge members for whom deductions were made, shall be forwarded to the Lodge. Nothing
herein shall prohibit Lodge members covered by this Agreement from submitting dues directly to
the Lodge.
The Employer shall provide the Lodge with additional payroll deductions for the purpose of the
Lodge providing additional employee benefits, providing the Employer's payroll accounting
system possesses sufficient capacity and capability for additional deductions.
No other employee organization's dues shall be deducted from any member's pay for the duration
of this Agreement.
The Lodge agrees to hold the Employer harmless should any deductions be found to have been
unlawfully, illegally or improperly taken. Further, to the extent permitted by law, the Lodge
agrees to indemnify the Employer and, at the Employer's request, 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 payments made by the Employer as a
2
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.
A. Members who are not members of that Lodge shall, as a condition of employment, pay to
the Lodge a fair share fee. The amount of the fair share fee shall be determined by the
Lodge, but shall not exceed dues paid by members of the Lodge who are in the
bargaining units. Such fair share fee shall be certified by the Lodge to the Employer at
such time during the term of this Agreement as necessary to be accurate. Such payment
shall be subject to an internal Lodge rebate procedure meeting all requirements of state
and federal law.
B. For the duration of this Agreement, such fair share fee shall be automatically deducted by
the Employer from the payroll check of each member who is not a member of the Lodge.
The automatic deduction shall be made in the first pay period of each month. The
Employer agrees to furnish the financial secretary of the Lodge 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 members 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 Lodge has completed his or her first sixty (60) days
of employment.
The Lodge agrees to hold the Employer harmless should any deductions be found to have
been unlawfully, illegally or improperly taken. Further, to the extent permitted by law,
the Lodge agrees to indemnify the Employer and, at the Employer's request, provide
legal counsel in defending any action claiming that a deduction has been unlawfully,
illegally or improperly made and will further reimburse it for any payments made by the
Employer as a result of any finding by an administrative agency or court of law that it has
illegally or improperly made deductions.
Section 3.3 Bulletin Boards. The Lodge shall be permitted to continue to maintain a Lodge
bulletin board at Division headquarters. The location of the board will be determined by the
Chief and will be reasonably accessible to all members. Said board shall be . provided by the
Lodge at its own expense. Lodge bulletins and Lodge material will be permitted to be posted on
this board. Non-bargaining unit members shall not be permitted to remove, add to, or alter the
material posted on this board. Any material which contains obscene, racially, or sexually
offensive information shall be brought to the attention of a Grievance Representative for
immediate removal. If no Grievance Representative is available, or fails to immediately remove
the item, the item may be removed by the on duty supervisor, dated, initialed and put in the
locked Lodge mailbox in the duty room.
Section 3.4 Meetin2: Locations. The Lodge shall be permitted, upon providing prior
notification to the Chief of Police, to hold meetings for members at police headquarters or other
City buildings, rooms, or facilities. The notification required under this Section shall be in
3
writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the
meeting, and shall state the date, time, and requested location of the meeting.
The Employer agrees to hold the requested location open for use by the Lodge on the date and at
the time specified in the Lodge's notification to the Chief. However, if it is not practicable for
the Employer to provide the requested location to the Lodge, the Employer will so notify the
Lodge and make every effort to provide for an alternate meeting location in another City
building, room, or facility. No member shall attend the above-referenced meetings while on duty
without receiving prior approval from the Chief of Police or designee. In the event the Chief or
designee are neither present nor available, or it is not practical to contact said individuals, prior .,,~
approval shall then be obtained from the then on-duty supervisor. No member of the Lodge shall
be obligated or asked to divulge to the Employer information discussed at said meetings.
Section 3.5 Ballot Boxes. The Lodge 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 Lodge issues subject to ballot. Such box shall be the property of the Lodge and
neither the ballot box nor its contents shall be subject to the Division's review.
Section 3.6 Use of Intra-Departmental Mail And E-Mail System. The Lodge shall be
permitted to utilize the intra-departmental mail system and e-mail system for the purpose of
providing information pertaining to Lodge business or bargaining unit representation, to
members. The Lodge agrees that the use of these systems will be reasonable and limited to
providing information that is necessary for the normal conduct of Lodge business or bargaining
unit representation. The Lodge also agrees and understands that with respect to the City's e-mail
system, there shall be no reasonable expectation of privacy and that all e-mail is subject to
monitoring by the City's Division of Information Technology. E-mail messages may be
monitored by the City for specific reasons, such as evaluating the effectiveness of the operation
of the e-mail system, finding lost messages, investigation of suspected criminal acts, breach of
security or other policies, and recovery from system failures. The City shall refrain from
accessing a member's e-mail, unless reasons for doing so are consistent with the City's need for
supervision, control, and efficiency in the workplace. The Lodge also understands that e-mail
may be a public record subject to disclosure in the same manner as other records of the City,
pursuant to applicable law. All intra-departmental mail placed into the mail system by the Lodge
shall be the property of the member to whom it is addressed, and such mail shall not be subject to
the Employer's review.
Section 3.7 Lodl!e Business. Representatives of the Lodge shall be permitted to transact
official Lodge business at Divisional work sites at all reasonable times, provided that this shall
not interfere with or interrupt normal Divisional operations. When possible, a Lodge
representative will give advance notice and obtain approval from the Chief or designee if the
Lodge intends to use the employer's equipment or property for Lodge 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 designee to use the
equipment or property will not be withheld without a valid reason.
4
ARTICLE 4
NON-DISCRIMINATION
Section 4.1 Joint Pledee. As provided by law, neither the Employer nor the Lodge shall
discriminate against any member on the basis of age, sex, race, color, creed, religion, national
origin, disability, political affiliation, or application for or participation in the worker's
compensation program. The provisions of this contract shall be applied equally to all members
without regard to any of these factors.
Section 4.2 Emplover Pledee. The Employer agrees not to interfere with the right of a member
to become and/or remain a Lodge member. There shall be no disparate treatment, interference,
restraint or coercion by the Employer or any representative of the Employer against any member
because of Lodge membership or because of any lawful activity engaged in by a Lodge member
in an official capacity on behalf of the Lodge.
Section 4.3 Lodee Pledee. The Lodge, within the terms of its constitution and by-laws, agrees
not to interfere with the desires of any member to become and remain a member of the Lodge, or
to refrain from Lodge membership. The Lodge agrees to fairly represent all employees of the
bargaining unit subject to the provisions and procedures of applicable state law.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Manaeement Riehts. Except as specifically limited by the provisions of this
Agreement, the Employer shall have the exclusive right to manage the operations, control the
premises, direct the working forces, and maintain efficiency of operation of members.
Specifically, the Employer's exclusive management rights include, but are not limited to, the sole
right to hire, discipline and discharge for just cause, layoff, and promote; to promulgate and
enforce reasonable employment rules and regulations; to reorganize, discontinue, or enlarge the
Division of Police; to transfer members (including the assignment and allocation of work) within
the Division; to introduce new and/or improved equipment, methods and/or facilities; to
determine work methods; to determine the size and duties of the work force, the number of shifts
required, and work schedules; to establish, modify, consolidate, or abolish jobs (or ranks); and to
determine staffing patterns, including but not limited to assignment of members, 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 by the provisions of this Agreement and/or as
permitted or provided by applicable law.
A member or the Lodge may raise a legitimate complaint or file a grievance based upon the
provisions of this Article.
S
ARTICLE 6
LABORlMANAGEMENT MEETINGS
Section 6.1 Meetin2s. In the interest of sound labor/management relations, to discuss pending
issues and/or problems, and to promote a more harmonious labor/management relationship, up to
five (5) representatives of the Employer shall meet with up to five (5) representatives of the
Lodge. Members may adjust their work schedules (including work hours and/or work days) with
supervisory approval, provided that said changes do not create any overtime obligation to the
City. In addition, attendance of members at said meetings cannot take any shift below minimum
staffing levels as determined by the Division of Police. These meetings will be held at least
semi-annually at mutually agreeable dates and times, but may be held more often by mutual
agreement.
An agenda will be exchanged by the parties at least five (5) calendar days in advance of the
scheduled meeting with a list of matters to be discussed in the meeting and the names of those
representatives from each party who will be attending. All matters on the agenda requested by
the parties to be discussed, will be discussed. By mutual agreement, the parties may waive the
exchange of an agenda.
The purpose of such meeting shall be to:
A. Discuss the administration of this Agreement;
B. Discuss grievances, when such discussions are mutually agreed to by the parties;
C. Disseminate general information of interest to the parties;
D. Consider and discuss health and safety matters relating to Members; and
E. Discuss any other items affecting the LaborlManagement relationship.
'"
ARTICLE 7
BARGAINING UNIT BUSINESS
Section 7.1 Grievance Representatives. Both the Police Officers' unit and the
Corporals' /Sergeants' unit shall each select two Grievance Representatives (one of whom shall
serve as an alternate in the absence of the other representative). The selection of these
representatives shall be approved by the Lodge President who shall notify the City Manager of
their selection and any change thereto.
A grievance representative, upon giving reasonable notice, and upon receiving approval from,
his or her supervisor, shall be released with pay during regular working hours to investigate
grievances, to consult with the Employer in addressing labor/management issues, to process
grievances, or to assist in the settlement of disputes. Permission to perform these functions shall
not be unreasonably denied.
6
Section 7.2 Ne2otiatin2 Committee. On days where negotiation sessions are scheduled, Lodge
Team members may adjust their work schedules (including work hours and/or work days) with
supervisory approval (which will not be unreasonably denied), 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. The Lodge will notify the Employer of
the names and normal work schedules of the Lodge Team Members whose schedules need to be
changed prior to the first scheduled negotiation meeting. No Lodge Team Member will be
allowed to attend work sessions of the negotiations 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
member attending work sessions or any other sessions related to negotiations. Time spent by a
bargaining unit member attending Lodge Team work sessions, outside their scheduled shift, shall
not constitute hours worked.
ARTICLE 8
GRIEVANCE PROCEDURE
Section 8.1 Definition. A "grievance" is an allegation by one or more members, or the Lodge,
that there has been a breach, misinterpretation, or improper application of this Agreement. It is
not intended that the Grievance Procedure be used to make changes in this Agreement, nor in
those matters not covered by this Agreement.
Section 8.2 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 matters may not be subject to this Grievance Procedure, or be processed
hereunder. However, the Grievance Procedure, as set forth in this Article, may be utilized by a
member in lieu of appealing a matter to the Dublin Personnel Board of Review. However, once
a member elects to pursue an appeal to the Dublin Personnel Board of Review and the Dublin
Personnel Board of Review takes jurisdiction over the appeal, the member is thereafter precluded
from seeking a remedy under this procedure. Likewise, once a member, with the approval of the
Lodge President, elects to pursue an appeal to arbitration, the member is thereafter precluded
from seeking a remedy through the Dublin Personnel Board of Review.
Section 8.3 Qualifications. All grievances must be presented at the proper step and time in
progression in order to be considered at subsequent steps. The proper step to initiate the
grievance is Step 1, unless the occurrence that gave rise to the grievance originates at another
step. If the occurrence which gave rise to the grievance originates at another step, the grievant
may initiate his grievance at that step at which the occurrence which gives rise to the grievance
originates. A grievance shall be considered withdrawn at any point where the grievant submits a
written statement to that effect, or where time requirements at any step have lapsed without
further appeal by the grievant.
7
Any grievance not answered by the Employer within the stipulated time limits, may be advanced
by the grievant 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.
A grievance may be brought by an aggrieved member covered by this Agreement. Where more
than one (1) member desires to file a grievance involving an incident affecting several members
in the same or similar manner, one (1) member shall be selected by the affected members to
process the grievance. Each aggrieved member who desires to be included in the grievance shall
sign the grievance.
Section 8.4 Grievance Form. A written grievance form, which shall provide the following
information, shall be used in the processing of all grievances:
· Grievant(s') name(s) and signature(s);
· Date, time and location of grievance;
· Description of incident giving rise to the grievance;
· Article or Section of the Agreement alleged to be violated;
· Date grievance was first discussed;
· Name of supervisor with whom grievance was first discussed;
· Date grievance was filed in writing;
· Desired remedy to resolve the grievance; and
· A number assigned by the Lodge.
The Lodge shall have the responsibility for duplication and distribution of, and its own
accounting for, the grievance forms.
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the Lodge to
provide for prompt adjustment of grievances, with a minimum amount of interruption of the
work schedules. Every responsible effort shall be made by the Employer and the Lodge to affect
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 grievant shall orally present the grievance to the grievant's
immediate supervisor holding the rank of Sergeant or higher within fourteen (14)
calendar days from the time the member becomes aware of the occurrence which gave
rise to the grievance. The immediate supervisor shall investigate and provide an
appropriate answer within fourteen (14) calendar days following an informal meeting at
this Step.
B. Step 2 - Chief of Police. If the grievance is not resolved in Step 1 and the grievant and/or
Lodge Grievance Representative wishes to proceed to Step 2, the grievant and/or Lodge
Grievance Representative shall reduce the grievance to writing and shall, within seven (7)
calendar days of the answer at Step I, present the written grievance to the Chief or
designee. In investigating the grievance, the Chief or designee may meet with the
grievant and Lodge Grievance Representative, The Chief of Police or designee shall
8
investigate and respond in writing to the grievant and Lodge Grievance Representative
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 grievant and/or
Lodge Grievance Representative wishes to proceed to Step 3, the grievant and/or Lodge
Grievance Representative shall present the written grievance to the City Manager or
designee within seven (7) calendar days from receipt of the Step 2 answer. The City
Manager or designee shall investigate the matter and shall meet with the grievant and
Lodge Grievance Representative within fourteen (14) calendar days of the receipt of the
grievance. A response shall be sent to the Lodge President, the grievant and the Lodge
Grievance Representative within fourteen (14) calendar days following the meeting at
Step 3.
If a grievance is not satisfactorily resolved at Step 3, the Lodge President may submit the
grievance to arbitration. If written notice from the Lodge President of the Lodge's intent
to submit the grievance to arbitration is not received by the City Manager or designee
within fourteen (14) calendar days following the date of the Lodge President's receipt of
response outlined in Step 3, the grievance shall be considered resolved.
D. Step 4 - Arbitration. After receipt of a notice to arbitrate from the Lodge President,
designees of the City Manager and the Lodge President shall attempt to agree on an
arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by
the parties making a joint request to the American Arbitration Association for a panel list
of seven (7) arbitrators with business addresses in Ohio. 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. Each party may only reject the list
once. In issuing an award, the arbitrator shall be limited to the enforcement of the
specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add
to or subtract from the provisions of the Agreement.
The question of arbitrability of a grievance may be raised by either party before the
arbitration hearing on the grounds that the matter is nonarbitrable or beyond the
arbitrator's jurisdiction. The first question to be placed before an arbitrator will be
whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the
alleged grievance will be heard on its own merits before the same arbitrator.
The decision of the arbitrator shall be final and binding, subject to appeal under
applicable state law. The arbitrator shall be without authority to recommend any right to
relief on any alleged grievance occurring at any other time than the agreement period in
which the right originated. The arbitrator shall not establish any new or different wage
rates not negotiated as part of the Agreement. In case of discharge, suspension or
reduction, the arbitrator shall have the authority to award modification of said discipline.
9
Both the Lodge and the Employer shall share equally in the cost of the arbitration
proceedings.
Any member whose testimony is relevant to the arbitration, shall be released with pay to
attend the hearing, provided that the hearing is held during the member's regular work
hours. The expenses of any non-member witnesses shall be borne by the party requesting
the non-member's attendance at the Arbitration Hearing.
The arbitrator shall render in writing his or her findings and the award as quickly as
possible within thirty (30) calendar days after the hearing is closed and post-hearing .."
briefs are submitted. The arbitrator shall forward such findings and award to the City
Manager, or designee, and to the Lodge President, or designee.
Section 8.6 Ri2:ht to Representation. A grievant has a right to representation in all Steps of the
Grievance Procedure and shall have an opportunity to fairly present the grievance 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 Lodge'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 Lodge's and the Employer's designated representative
may mutually agree, at any Step, to short time extensions. In the absence of such mutual
extensions, if no response is forthcoming, the member may request that the particular official at
the applicable Step respond in writing. The member will hand deliver a memorandum to both
the Chief or designee and the Director of Human Resources or designee requesting such a
response. After a written request is received by the applicable official, 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 following the written
request, the grievance is presumed granted by the City in full and the City shall implement the
requested remedy, except if the requested remedy would constitute a violation oflaw.
ARTICLE 9
INTERNAL REVIEW PROCEDURES
Section 9.1 Scope. The investigative procedures set forth in this Article shall be followed
whenever a member is suspected of or charged with an act which could result in disciplinary
action or criminal charges being filed against the member, aside from the informal procedure for
non-serious complaints or alleged non-serious offenses. Any procedural/process elements
pertaining to internal review, which are not specifically addressed in this Article, are addressed
in Division of Police General Order 52.1.1 in effect as ofJanuary 1,1999.
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 procedures can be adhered to where an
informal resolution is likely to occur.
Following the receipt of a complaint and it being reduced to writing by the Chief, a Lieutenant, a
Sergeant, a Corporal, an Officer-In-Charge, or other sworn command staff, an informal process
may be initiated for resolution of minor infractions or non-serious allegations. The investigating
supervisor, whether a shift supervisor (Corporal or Sergeant), bureau Commander or Chief, may
approach the accused member and attempt to gather the facts about the allegation from the
member. At that time, the investigating supervisor shall notify the member of the nature of the
complaint. If the complaint cannot be resolved at this informal level, or the accused member
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 immediately
be transferred to the formal process and be subject to the progressive discipline. Cases processed
and resolved at the informal level may result in no more than a letter of reprimand, where a
review of the action may be sought by the member. If the matter is not resolved at the informal
level, it shall be set for a meeting and be subject to the principles of progressive discipline.
If the matter is not informally resolved, a meeting shall be set within seventy-two (72) hours at
the direction of the Chief of Police or-designee and with the presence of the accused member and
hiSlher Lodge Representative or Lodge Attorney, if so desired. The purpose of this meeting is to
formally provide the accused member with the complaint in writing. At that time, the supervisor
will again be permitted to gather information pertinent to the complaint from the accused
member with the presence of a Lodge Representative or Lodge Attorney.
Section 9.3 Notification. Prior to any questioning, a member shall be informed of the nature of
the investigation (whether disciplinary or criminal) and shall be provided written notice of the
specific factual allegations made against the member (except at the informal level referenced in
Section 9.2 of this Agreement), including a copy of the written complaint. If either felony or
misdemeanor charges are contemplated, the member shall be informed of his/her constitutional
rights in advance of any questions.
Section 9.4 Rieht to Representation. All questioning sessions shall be scheduled so that the
member has an opportunity to obtain representation from the Lodge. The Lodge Representative
or Lodge Attorney shall be permitted to be present at any questioning and shall be afforded a
reasonable opportunity to consult with the member during questioning.
Section 9.5 Conduct of Ouestioninl!. As used in this Article, questioning refers to any
investigation, internal affairs interview, or interrogation where the member is to be questioned.
The following rights are accorded to the member subject to questioning:
A. Any questioning of a member will be conducted at hours reasonably related to the
member's shift, preferably during the member'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 a member's attendance to physical necessities.
11
B. Before a member may be charged with insubordination or like offenses for refusing to
answer questions or participate in any investigation, the member shall be advised that
such conduct, if continued, may be made the basis for such a charge; except that a
member who refuses to answer questions or participate in any investigation shall not be
charged with insubordination or like offense for such refusal as premised on an exercise
ofhiSlher constitutional rights in a criminal matter.
C. Except at the informal level as referenced in Section 9.2, the Employer shall make
reasonable attempts to tape record or get a written statement from the affected member
and any potential witnesses to the matter under investigation. Tapes may also be made of
the member's interview by the member and/or hislher Lodge Representative or Lodge
Attorney. The member and hislher Lodge Representative or Lodge Attorney will be
afforded the opportunity, upon written request directly to the Chief or designee, to listen
and to make personal notes regarding a tape or written statement.
D. Any statements or evidence obtained in the course of questioning through the use of
threats, coercion or promises other than notification that the member may be charged
with insubordination, shall not be admissible in any subsequent criminal action or
internal proceeding. However, explaining to a member that potential corrective action
could result if the member 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 this subparagraph.
E. In the course of questioning, a member may only be given a polygraph examination or
other purported truth verification examination with hislher 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
member.
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 member who is subject to questioning and his or her Lodge representative or
Lodge attorney will be provided access to transcripts, records, written statements, and tapes
pertinent to the investigation, including transcripts of questioning and responses to polygraph
examination.
Section 9.7 Application. Sections 9.4 and 9.5 shall be applicable to any member interviewed as
a witness to a matter under investigation pursuant to this Article, unless the investigation is
relating to criminal charges. Such a member shall also be advised prior to any questioning of the
nature of the investigation (whether disciplinary or criminal) and shall be provided a summary of
the complaint and any other such additional factual information relative to the complaint as
deemed appropriate in order to accomplish the investigation.
Section 9.8 Citizen Complaint. In order for a citizen complaint to be considered as possible
grounds for disciplinary action, it must be reduced to writing, signed by the citizen made with an
attestation of truth within thirty (30) calendar days after the date of the alleged event complained
12
of. If the incident alleges conduct which, if true could lead to criminal charges, the thirty
(30)day requirement shall not be applicable.
ARTICLE 10
DISCIPLINE
Section 10.1 Discipline for Cause. The tenure of every member shall be during good behavior
and efficient service. No member shall be reprimanded, suspended, reduced in payor rank, or
removed, except for grounds stated in this Agreement. The Employer may take disciplinary
action against any member only for just cause. The Employer may take this type of action while
the member is on duty; working under color of employment for the Employer; or off-duty
representing himself or herself as a member of the Division or while engaged in conduct that
might affect the member's ability to perform his or her duties. The member may not be
disciplined for actions on his or her own personal time that do not reflect directly on the
Division, or do not violate any State or Federal statutory provisions, or off-duty employment
Divisional Standards of Conduct, Rules and Regulations. Incompetency, inefficiency,
dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of
duty, absence without leave, or any conduct unbecoming an officer, 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 and may subject a member to disciplinary action.
Section 10.2 Proeressive Discipline. Except in instances where a member engages in serious
misconduct, discipline will be applied in a progressive manner. Progressive discipline shall take
into account the nature of the violation, a member's record of discipline, and the member's record
of conduct.
Ordinarily, progressive disciplinary action will involve an oral reprimand before a written
reprimand, a written reprimand before a suspension, and a suspension before reduction in payor
rank or removal for a repeated 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
nature. Should a suspension be issued, the Employer is permitted, but not required, to reduce in
payor rank or remove the member for the commission of a repeated offense of the same nature.
In all instances of discipline, the Employer shall only impose a disciplinary penalty
commensurate with the offense, which, where practicable, may assist the member in correcting
whatever action or behavior is deemed inappropriate, Nothing herein precludes the Employer
from utilizing positive steps, including counseling, to correct a member's inappropriate action or
behavior.
When disciplinary action is first proposed, the member or his or her Lodge Representative will
be allowed an opportunity, if requested, to meet with the appropriate supervisor or discuss the
proposal.
13
Section 10.3 Disciplinary Action. The prerogative to issue oral reprimands and written
reprimands is solely within the Divisional Chain of Command. In any instance where the
possibility exists for oral or written reprimands to be issued for actions occurring while an OIC
(Officer-In-Charge) is the supervisor, the OIC shall take immediate remedial corrective action to
ensure that normal shift operations continue in a proper manner. The incident shall then be
documented and forwarded to the normal shift supervisor for review and appropriate action. If
the normal shift supervisor is unavailable for a period of forty-eight (48) hours or longer
following the incident, said documentation will be forwarded to the Operations/Services Bureau
Commander for review and appropriate action. The OIC, in his or her report, shall document the
operational corrective action taken and any relevant facts regarding the precipitating incident.
The OIC may also recommend follow-up action to be taken by the supervisor. Where there is
reason to believe that a member is guilty of an offense which might lead to suspension, reduction
in payor rank, demotion, or removal, the Chief has the responsibility to prefer charges and the
proposed penalty against the member, which charges shall be heard in a Pre-Disciplinary
Conference, as established in Section 10.4. In preferring charges, the Chief shall provide the
member with written notice of the charges and provide the member access to all evidence
supporting the charges.
Section 10.4 Pre-disciplinary Conference. When charges are preferred by the Chief, a Pre-
disciplinary Conference shall be scheduled to give the member an opportunity to respond to the
charges, Pre-disciplinary Conferences will be conducted by the City Manager, or designee.
Not less than seven (7) calendar days prior to the scheduled Pre-disciplinary Conference, the
Chief will provide the member with written notice of the preferred charges. The member may
choose to: 1) appear at the Conference to present an oral or written statement in his or her
defense; 2) appear at the Conference with a Lodge Representative or Lodge Attorney; or 3) elect
to waive (in writing) the opportunity to have a Pre-disciplinary Conference.
At the Pre-disciplinary Conference, the City Manager, or designee, will ask the member or the
member's Lodge Representative or Lodge Attorney to respond to the preferred charges. At the
Pre-Disciplinary Conference, the member, or his or her Lodge Representative or Lodge
Attorney, shall be permitted to offer testimony and evidence in the member's defense, call
witnesses material to the member's defense, and confront the member's accusers. The member
or his or her Lodge representative or Lodge attorney shall provide a list of witnesses to the City
Manager, or designee, as far in advance as possible, but no later than two (2) calendar days prior
to the Pre-disciplinary Conference. It is the member's responsibility to notify his or her
witnesses that their attendance at the Pre-disciplinary Conference is desired.
A written report will be prepared by the City Manager, or designee, summarizing the findings of
fact and disciplinary penalty to be imposed, if any. A copy of this written report will be mailed
or hand-delivered to the member or his or her Lodge Representative or Lodge Attorney and the
Lodge President 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 member or
his Lodge Representative or Lodge Attorney, upon request, within forty-eight (48) hours of the
close of the Conference. The member may also record the Conference.
14
Any imposition of discipline shall be accomplished in such a manner that will not embarrass the
member before other members or the public.
Section 10.5 Appeal. A member may elect to appeal the disposition made by the City Manager
or designee directly to arbitration, with the approval of the Lodge President, as provided in
Section 8.5(D). of this Agreement or, where applicable, to the Dublin Personnel Board of
Review. Written notice from the Lodge President of the Lodge's intent to file for Arbitration
must be received by the City Manager, or designee, within fourteen (14) calendar days of the
Lodge President's, or his/her Office Staffs, receipt of the written disposition by the City
Manager or designee.
ARTICLE 11
PERSONNEL FILES
Section 11.1 Unfavorable/Inaccurate Documents. If an unfavorable or inaccurate statement or
notation is placed in a member's official personnel file, the member shall be given the right to
place a statement of rebuttal or explanation in his or her file.
Section 11.2 Copies of Records in Personnel Files. A copy of any record or document which
has been placed in and/or removed from the member's personnel file shall be provided to the
member at the time of its placement or removal, except where the record or document originates
from the member or has been otherwise provided to the member. If removed, the copy shall be
signed and dated. No anonymous material of any type shall be included in the member's official
personnel files, or files of any type. Any record, in any file created by the City, except those
deemed confidential by Ohio Public Records Act, shall be accessible to the member upon
request.
Section 11.3 Duration of Counselin2: StatementslDisciplinarv Records. In lieu of disciplinary
action a member may receive a counseling statement directed to correct a work deficiency or to
improve work performance. Counseling statements and documented oral reprimands may be
retained for no more than one (1) year from date of issuance by either the Chief or a supervisor,
outside of the member's personnel file. Counseling statements and documented oral reprimands
shall cease to have any further force and effect for future disciplinary action no later than six (6)
months from date of issuance or when the Division of Police has official knowledge of the
incident which gave rise to the counseling/discipline, whichever is later, provided that no further
repeated or related offenses have occurred resulting in disciplinary action; however such
counseling statements and documented oral reprimands may be used within one (1) year of
issuance for performance evaluation purposes. Counseling statements and documented oral
reprimands are subject to removal from the Chiefs or other supervisor's files one (1) year after
issuance; however, it shall be the individual member's responsibility to review the files and
identify the documents subject to removal. Written reprimands shall be maintained in the
member's personnel file. A written reprimand shall be removed from a member's personnel file
no later than one (1) year after issuance, provided no further repeated or related offenses have
occurred. Written reprimands shall cease to have any further force and effect no later than one
(1) year after the date of incident or when the Division of Police has official knowledge of the
15
incident which gave rise to the discipline, whichever is later, provided that no further repeated or
related offenses have occurred resulting in disciplinary action.
In the event a repeated or related offense occurs during the appropriate time limit(s), the initial
reprimand shall be maintained in the member's personnel file for the duration of the time period
for which the most recent documented disciplinary action will remain in effect for purposes of
disciplinary action. Documentation of repeated offenses shall continue for appropriate time
limite s) of the latest reprimand of a same or related nature.
Any suspension of less than thirty (30) days shall be removed from a member's personnel file
after a period of three (3) years from the date of its issuance, provided no further corrective
action of the same or related nature has occurred in the interim period. In those cases where
further corrective action occurs of the same or a related nature, the first suspension will remain in
the file for an additional one (1) year period
Written reprimands and suspensions which are subject to removal from a member's personnel
file shall be removed only upon request of the Member. The removed documents shall be
marked for destruction by the Director of Human Resources/Procurement and be forwarded
directly to the City's Records Management Officer for actual destruction. Upon destruction, the
City's Records Management Officer will issue and forward a certificate of destruction to the
Director of Human Resources/Procurement who will in turn provide a copy of the certificate to
the member.
Section 11.4 Review of Personnel Files. Every member shall be allowed to review his or her
personnel file at any reasonable time upon written request to the Division of Human Resources.
Access to personnel files will be governed by Ohio law. However, if a file is requested, the
Employer will make a reasonable attempt to notify the affected member. The affected member
will then be given immediate access to his or her personnel file no later than the next business
day after the request. The Employer will make every effort to ensure that the file is reviewed by
the member before granting the public request. In the event a member wishes to allow a Lodge
Representative or Lodge Attorney to review his or her file, the member shall provide appropriate
written notification to the Division of Human Resources authorizing the review of his or her file,
prior to such review taking place. Appropriate notification shall consist of a written statement
signed by the member whose file is to be reviewed.
ARTICLE 12
DIRECTIVES/GENERAL ORDERS
Section 12.1 Directives/General Orders. The Employer agrees that all General Orders, Special
Orders, or any future directive that would replace or modify a General Order or Special Order
shall be reduced to writing and provided to all members in advance of their enforcement. Any
charge by a member that a General Order, Special Order, or future directive that would replace
or modify a General Order or Special Order is in violation of this Agreement, or has not been
applied or interpreted uniformly to all members, shall be a proper subject for a grievance.
16
ARTICLE 13
POLITICAL ACTIVITY
Section 13.1 Political Activitv. In addition to other rights permissible by law:
A. A member may participate in the Lodge's Political Screening Committee where such
participation is directed towards the endorsement and support of partisan political
candidates solely on behalf of the Lodge, provided that the member undertakes such
participation while off-duty, while not in identifiable uniform, and does not represent that
his participation is either undertaken in his official capacity as a member of the Employer
or is sanctioned by the Employer.
B. A member is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that a member undertakes such activity while off-duty, not in
identifiable uniform, and does not represent that such activity is either undertaken in his
official capacity as a member of the Employer or is sanctioned by the Employer.
C. A member is permitted within the City of Dublin to exercise his/her rights as a citizen to
express his/her personal opinions and to cast his/her vote. However, a member shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service of
the Employer;
2. make any contribution to the campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City of
Dublin elective office, except as would be applicable under paragraph A of this
Section.
ARTICLE 14
SENIORITY \ c.J/
~U'v
Section 14.1 Seniority Delin ed. For PUrpOSt!1fthiS Agreement, ''Departmental scni ority" shaH
be defined as a Member's total continuous .from the date of initial hire as a regular full-time
Police Officer. "Rank seniority" in a Member's respective rank commences on the date of the
Member's appointment to or promotion to the rank held by a Member. Continuous service shall
reflect the uninterrupted service of a member as calculated by years/days of service. Continuous
service shall be interrupted only when a "break in service" occurs. A "break in service" only
occurs in the following instances:
A. Separation because of resignation, except where a member is rehired within thirty (30)
17
days of resignation;
B. Removal;
C. Failure to return from an authorized leave of absence;
D. Failure to respond to a notification of recall.
Should more than one (1) member be hired or promoted on the same day, seniority preference
will be determined by the member's written test score from the selection process. An individual
with a higher written test score shall always receive seniority preference over an individual with
a lower written test score. Previous methods for determining seniority prior to the effective date
of this Agreement shall not be affected.
A "break in service" shall not occur if a member is reinstated due to the disaffirmance of
removal or disaffirmance of or recall from a layoff. A member who has a "break in service" and
who is subsequently rehired or reinstated, shall not receive continuous service credit for the time
spent during the "break in service"; however, the member shall receive continuous service credit
except for the period in time in which the "break in service" occurred, if subsequently rehired or
reinstated within two (2) years.
Section 14.2 Application of Seniority. When vacation leaves are to be scheduled on an annual
basis or where casual leave is to be scheduled, and where in these instances there are two (2) or
more members with the same request, the member with the highest Departmental seniority shall
be granted the request, if the request is granted at all, with the understanding that a minimum of
one (1) Patrol supervisor (Sergeant or Corporal) will be maintained on each shift.
Casual leave requests will be filled by Departmental seniority regardless of rank, provided that a
minimum of one (1) Patrol supervisor (Sergeant or Corporal) shall be maintained on each shift.
Section 14.3 FiIliDl! of Job Assil!nments. Whenever a vacancy occurs in full-time specialized
assignments, the Division shall post a Job Assignment opening for fifteen (15) calendar days and
shall allow any interested member within the same rank to apply within the posting period. The
Division shall provide notice on the job posting as to any specialized training and/or technical
skills which will be required for the assignment once the assignment is made. In filling the job
assignment, the Division shall give consideration to all applicants who apply. The following
criteria for selection shall be used: ability, work performance, and seniority based upon time in
rank. Where ability and work performance are relatively equal in the opinion of the Chief,
seniority based upon time in rank shall be the deciding factor.
Section 14.4 FiIlinl! of Shift Assil!nments. Assignments to shifts and shifts slots shall be made
on an annual basis. Assignments to shifts and shift slots shall be posted for a fifteen (15)
calendar day period in the month of November and shall be made by means of seniority based
upon time-in-rank, 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. If a
position becomes vacant or a new position is added prior to September 1 st of each year, the
18
vacancy shall be posted for a five (5) calendar day period and any interested member of the same
rank may apply. The assignment will be filled by rank seniority. Once the initial vacancy or
newly added position is filled, no further bidding is required. If a vacancy occurs or a new
position is added after September 1 st of each year, the Chief has the discretion to fill the vacancy
or newly added position for the remainder of the calendar year. A member within the rank of
Police Officer who is serving in his or her initial probationary period shall not have an
opportunity to compete for new shift assignments or shift slots until the first annual posting
procedure after the conclusion of the member's initial probationary period.
On any patrol shifts where there are both Sergeant(s) and Corporal(s) assigned, Sergeant(s) shall
bid first on patrol shift slots (with assigned days off) and the Corporal(s) shall bid for the slots
which remain after the Sergeant(s) complete bidding.
Section 14.5 No Postint! Response. In instances where ajob assignments, as set forth in Section
14.3, or shift assignments, as set forth in Section 14.4, is posted and no members responds to the
posting, the Chief reserves the discretion to make such assignments based upon the needs of the
Division.
Section 14.6 Patrol Schedulint! Standards. The following standards shall apply to scheduling
of Officers, Corporals and Sergeants in Patrol assignments:
A. Ret!ular Non-Rotatint! Shift
Each Officer, Corporal and Sergeant shall be assigned to a non-rotating shift. The shift
assignment shall include regularly assigned consecutive hours of work during a workday,
regularly assigned consecutive workdays, and regularly assigned consecutive days off.
"Regular Shift" , for purposes of Section 14.6, shall be defined as the
Officer's/Corporal's/Sergeant's normally assigned schedule as determined by either the
annual bidding process conducted prior to the beginning of each calendar year, or as assigned
by the Chief for new hires during the year (as identified in Section 14.4.).
B. Reassit!nment of Hours. Workdays. or Days Off
Regularly assigned hours of work, regularly assigned workdays, or regularly assigned days
off may only be varied as follows:
1. For training purposes, with at least seven (7) calendar days notice in advance of any such
reassignment;
2. At the Officer' s/Sergeant' s voluntary request;
3. In unforeseen emergency situations, including coverage for absences of ten (10) working
days or more;
4. In the case of sick leave call-offs or in the case of a Member's twice annual use of eight
(8) hours of personal leave as outlined in Section 25.1 (Personal Leave), in which case
the Division retains the right to hold Officers/Corporals/Sergeants over from the previous
shift, or call Officers/Corporals/Sergeants in early in advance of their scheduled shift.
19
Every reasonable effort will be made to limit the duration of an
Officer's/Corporal's/Sergeant's hold-over or call-in to four (4) hours or less.
5. To accommodate the request of another Officer/Corporal/Sergeant whose request for time
off has been granted, provided that a) the reassignment is made with at least seven (7)
calendar days advance notice, b) that without the reassignment minimum staffing would
not be maintained, and c) that reassignments are equitably distributed among all Patrol
Officers.
6. In the event a Patrol supervisor's, (Corporal's or Sergeant's) absence reduces a shift below
minimum staffing, a Patrol supervisor's schedules may only be adjusted with seven (7)
calendar days' notice when the shift from which the supervisor moves to cover the
absence has at least one (1) supervisor remaining on the entire shift. A Patrol supervisor
may be held over four (4) hours or be called in early four (4) hours to cover another
Patrol supervisor's mandatory training leave or sick leave if that absence reduces the shift
below minimum staffing. Preferably, these shift adjustments will involve another
member of the same rank (i.e., Sergeant for Sergeant or Corporal for Corporal).
C. Time Off Between Shifts
During the workweek, each Member shall be afforded at least twelve (12) hours off duty
from the end of any shift (and any contiguous overtime thereto) to the beginning of hislher
next shift (and any contiguous overtime thereto). This twelve (12) hours of time off may
only be waived with the Member's agreement and/or subject to the exceptions set forth in
paragraph (E) of this Section.
D. Davs Off
Each Member shall receive at least sixty (60) hours of time off from the last day of hislher
workweek (and any contiguous overtime thereto) to the beginning day of hislher next
workweek (and any contiguous overtime thereto). This sixty (60) hours of time off may only
be waived with the agreement of the Member and/or pursuant to the exceptions in paragraph
(E) of this Section.
E. Exceptions
Paragraphs C. and D. ofthis Section shall not apply in the following cases:
1. Four (4) Special Events as follows: St. Patrick's Day, Dublin Irish Festival, Independence
Day, and the Memorial Tournament.
2. No more than three (3) Special Events per calendar year, as designated by the City, for an
individual member or specified group of members.
3. Court Appearances.
4. City required and voluntary training.
5. Unusual special details (e.g. traffic control for major capital improvement projects,
security details, etc.).
6. Unforeseen emergency situations, which would not include sick leave mark-offs.
20
ARTICLE 15
EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 Emplovee Assistance. The Employer and the Lodge recognize that a wide range
of personal difficulties/problems in the lives of members 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 members and their family members in dealing with a wide
range of personal difficulties/problems. This range of personal difficulties/problems may include
mental, emotional, financial, family, marital, employment-related stress, drug abuse, alcoholism,
legal, elder-care/aging, spiritual, career, illness/disability, or other such difficulties/problems.
The purpose of the EAP shall be to help members 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; to reduce job performance problems; and to retain valued members.
When a member or someone in his/her immediate family is experiencing a problem, whether or
not such problem affects the member's job performance, the member and/or immediate family
members are strongly encouraged to seek assistance through the EAP.
Section 15.2 Covera2e Terms & Conditions. Under the coverage terms of the EAP, members
and/or their immediate family members shall each be entitled to unlimited assessment and
referral and a maximum of three sessions per problem, at no cost to the member or family
member, for problems amenable to short-term counseling intervention. Members and/or family
members are encouraged to access available benefits, as provided by the City medical benefits
program, for counseling/treatment beyond the three session limit.
Section 15.3 Other EAP Terms & Conditions. The Employer and the Lodge agree that:
A. Participation in the EAP shall be strictly voluntary. However, members and their
immediate family members who have problems they feel may affect their health, well-
being, and/or the member's job performance, are encouraged to contact the EAP.
B. Members 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 Member 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 members 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
21
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 member to provide a reason justifying the use of sick leave, the
member may not wish to use said leave for such appointments, as providing a reason for
the usage of said leave may disclose information the member wishes to remain
confidential. If the member chooses to request sick leave, the member is hereby advised
that in providing a justifiable reason for sick leave usage, the member is voluntarily
disclosing information. Members 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 members by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many
job performance difficulties may be related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the 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 a member who is experiencing personal or work-related distress.
G. The Employer shall reserve the right to contract, at is 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 members.
ARTICLE 16
LAYOFFS
Section 16.1 Action. When the Employer determines that a temporary layoff is necessary, the
Employer will notify the affected members forty-five (45) days in advance of the layoff. The
youngest member in point of service shall be first laid off and any layoffs thereafter shall be by
reverse seniority. The Employer agrees to discuss with the Lodge the impact of the layoff on
members prior to the Employer's notification to the affected members.
Section 16.2 Recall and Reinstatement. When members are laid off, the Employer shall create
a recall list. If a recall list exists when a vacancy occurs, the Employer shall recall members
from such list prior to attempting to fill such vacancy with a new appointment. The recall shall
be according to seniority beginning with the most senior member and progressing to the least
senior member. A member shall be eligible for recall for a period of three (3) years after the
effective date of the layoff.
22
Notice of recall from a layoff shall be sent to the member by certified mail with copies to the
Lodge. The mailing shall be to the last mailing address provided by the member and the member
has an obligation to keep the Employer advised ofthis current mailing address.
The recalled member shall have fourteen (14) calendar days following the receipt of the recall
notice to notify the Employer of his intention to return to work and shall have forty-five (45)
calendar days following the receipt of the recall notice in which to report to duty, unless a
different date is otherwise specified.
ARTICLE 17
MISCELLANEOUS
Section 17.1 Safe Equipment. The Employer shall furnish and shall maintain, in good working
condition, the necessary tools, facilities, vehicles, supplies and equipment required for members
to safely carry out their duties. Members are responsible for reporting unsafe conditions or
practices, for avoiding negligence, and for properly using and caring for tools, facilities, vehicles,
supplies, and equipment provided by the Employer.
Section 17.2 A2:reement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Lodge shall have printed sufficient copies of this Agreement.
The actual cost of printing this Agreement, 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 Lodge shall be responsible for distributing copies to current members and the
Employer shall be responsible for distributing copies to new members who are hired during the
term of this Agreement.
Section 17.3 Mail. Mail which is addressed to a member shall not be opened by anyone other
than the member to whom it is addressed, unless the member has specifically provided written
authorization to the contrary or it is reasonable to assume that the contents of the mail may relate
to a work-related court appearance or deposition. If someone other than the member to whom
the mail is addressed opens the mail, they will sign their name, date and time on the outermost
piece of that mail. Mail that is not work-related shall not be sent to a member at any public
facility operated by the Employer. Members will not be responsible for any non-work-related
mail that they did not initiate.
Section 17.4 Reimbursement for Expenses and Travel. A member, whenever authorized to
engage in or to undertake official business for the Employer, shall be reimbursed for reasonable
and necessary expenses and travel. If practicable, the member shall be allowed the use of one of
the Employer's vehicles for travel. If not practicable, reimbursement for authorized use of a
personal automobile will be at the current rate established by the 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
Employer's expense, a member 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.
23
ARTICLE 18
SUBSTANCE ABUSE AND TESTING
Section 18.1 Purpose. The Employer and the Lodge recognize that the ability of a Member to
properly perform his or her duties depends, in part, on a workplace which is free of substances
abuse. In an effort to promote public safety, to provide Members who may be drug or alcohol
dependent with an opportunity for treatment and for remaining productive Members 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:
. dealing with incidents of substance abuse which present a reasonable likelihood of
significant risk to Members, the general public, or other employees ofthe Employer;
. providing assistance to a Member with drug or alcohol dependency problems; and
. disciplining a Member whose satisfactory work performance is adversely affected by
substance abuse.
Section 18.2 Responsibilitv. Although it is the responsibility of every Member 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 significant risk to the public safety. Supervisors shall take
such action, not inconsistent with this Article, as they deem appropriate to eliminate the
likelihood of significant risks associated with any incident of potential substance abuse.
Section 18.3 Supervisory Trainin!!. The Employer agrees to provide supervisory training to
assist supervisors in identifying illegal drug use by Members. All supervisors shall receive at
least four (4) hours of initial skill-building and information sharing sessions, with at least one (1)
hour of training occuning within a reasonable timefame of a current Member becoming a
supervisor or from the date of hire of a supervisor. In subsequent years, supervisors who have
already received four (4) hours of initial training, will receive two (2) hours of additional training
to serve as a refresher and address new concerns. This training shall be conducted by a qualified
trainer holding one of the following credentials:
· Substance Abuse Professional (SAP);
· Certified Employee Assistance Professional (CEAP);
· Certified Chemical Dependency Counselor (CCDC III);
· Ohio Certified Prevention Specialist (OCPS);
· Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
· The physical, behavioral, and the performance indicators of drug use/abuse;
24
. The effects of drug use/abuse;
. Recognizing performance deficiencies caused by drug use/abuse;
. Confronting Members with suspected drug use/abuse.
Section 18.4 Non-Supervisor Trainin2:. The Employer shall also provide non-supervisory
training regarding substance abuse issues and information about the City's employee assistance
program (EAP). All non-supervisory Members shall receive at least two (2) hours of educational
awareness initially on substance abuse issues and two (2) hours annually thereafter. New
Members shall receive educational materials and information about this policy within a
reasonable timeframe after initial hire.
Section 18.5 Definitions. The following definitions shall govern this Article:
. "Under the influence" means that the Member is adversely affected in the satisfactory
performance of his or her 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 belief' is an articulated belief that a Member is using illegal drugs or
misusing alcohol such that the Member's work performance is adversely affected 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 Member, and
reasonable inferences therefrom. Reasonable belief may be based upon a Member's
slurred speech, odor, disorientation, abnormal appearance, conduct or behavior, or other
observable cause.
Section 18.6 Prohibited Conduct. For purposes of this Article, no Member shall, while
performing his or her 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 wearing any
City-issued apparel which clearly identifies them as employees of the City of Dublin:
. Be under the influence of alcohol; or
. Use or be under the influence of any illegal drug, or while using any legal drug be
impaired to the point that he or she cannot satisfactorily perform his or her assigned
duties; or
. Unlawfully use, sell, purchase, transfer or possess an illegal drug.
25
Section 18.7 Reasonable Belief Testine. A Member shall be tested for alcohol or illegal drug
usage when there is a reasonable belief that his or her satisfactory work performance is adversely
affected by the presence of alcohol or illegal drugs in hislher system.
Section 18.8 Testine Determination. Upon determining that a Member must submit to testing
(whether urinalysis for drugs or breath for alcohol) because reasonable belief has been
established, the supervisor shall give the Member an opportunity, prior to the test, to request the
presence of or to seek the advice from a Lodge representative. The Member and the Lodge
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 Member and the Lodge representative, if available, but no more than one
hundred and twenty (120) minutes after the reasonable belief determination has been made,
whichever is sooner. Should a Lodge representative not be readily available and the supervisor
believes time is critical in determining whether or not the member is impaired, the supervisor
may direct the member to submit to testing immediately. The Lodge representative, if available,
may accompany the Member to and be present with the Member at the collectionltesting site.
Section 18.9Urine 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 "HHS: 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.
Where the Member 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 Member at the testing site, and without ever leaving his or her 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
Member. The collection of urine samples shall allow individual privacy unless there is reason to
believe that the Member being tested may alter or substitute the specimen to be provided.
Should it be determined by qualified personnel at the collection site that the Member has
adulterated, diluted, tampered in any way with hislher specimen, substituted another individual's
specimen for hislher 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
Member 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 18.10 Drue Testine 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 Member. The certified laboratory shall first
conduct an initial screening of this sample. If illegal drugs are found in the sample, then that
26
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 Member will be contacted directly by the Medical Review Officer (M.RO.) at the Human
Factor and will be given the opportunity to explain the reasons for a positive test result. Should
the Member offer an explanation that in the judgement of the M.RO. sufficiently explains the
positive test result, the M.RO. 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 member to appropriate disciplinary action.
Section 18.11 Drue Test Results. If the test results are positive and the Member has not offered
an explanation to the M.RO. sufficient to cause the M.R.O. to consider the results negative, the
Director of Human Resources/Procurement, or in his absence, his designee, shall be notified and
the Director shall in turn contact the Member. The Member must then decide whether or not he
or she wishes the sample within the second container stored at the initial collection site to be
tested. If the Member 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 18.8 of this Article.
If the Member does not request the testing of the sample within the second container after the
sample within the first container tests positive or if the Member 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 member 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 18.12 Alcohol Testine. 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 18.13 Alcohol Testine 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
27
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 member to appropriate disciplinary/corrective action.
Section 18.14 Disciuline/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). In addition, any
Member 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 a
Member where the Member's satisfactory work performance has been adversely affected by
substance abuse.
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 Member's desire for and progress in
rehabilitation, and the Member'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 Member.
If a Member 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, he or she must comply with any recommendation made by the EAP Drug and Alcohol
Counselor resulting from the assessment, as a condition of continued employment. The Member
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 Member.
ARTICLE 19
RATESOFPAYAVAGES
Section 19.1 Wa2:es. Effective January 1, 2005 through December 31,2005, the following wage
structure shall be in place for members:
28
I Rank I Step 1 I Step 2 I Step 3 I Step 4 I
Police Officer $41,919.83 I $48,108.15 I $54,299.69 I $62,459.37
Corporal $67,612.27
I Sergeant I $72,765.17 I
Effective January 1, 2006 through December 31, 2006, the following wage structure shall be in
place for members:
I Rank I Step 1 I Step 2 I Step 3 I Step 4 I
Police Officer $43,596.62 I $50,032.48 I $56,471.68 I $64,957.75
Corporal $70,316.76
I Sergeant I $75,675.78 I
Effective January 1, 2007 through December 31, 2007, the following wage structure shall be in
place for members:
I Rank I Step 1 I Step 2 I Step 3 I Step 4 I
Police Officer $45,340.49 I $52,033.78 I $58,730.54 I $67,556.06
Corporal $73,129.43
I Sergeant I $78,702.81 I
Section 19.2 Appointment and Advanced Step Hirin2:. The City Manager, when making
appointments to the rank of Police Officer, shall be authorized to recognize the past experience
of applicants in determining their placement within the step system.
Section 19.3 Police Officer Step Advancement. For Police Officers hired at Step 1, step
advancement shall occur to Step 2 after one (1) year of continuous service in Step 1. Step
advancement to Step 3 shall occur after one (1) year of continuous service in Step 2. Step
advancement to Step 4 shall occur after one (1) year of continuous service in Step 3.
1
Section 19.4 Application of Pay Rates. The rates of pay set forth in Section 19.1 are based on
full-time employment of forty (40) hours in a work week and 2,080 hours in a work year. These
rates shall be used to calculate wages for hours in paid status for the appropriate pay range and
29
step. "Paid Status" shall include all hours of approved paid leave including holiday, vacation,
injury, military, personal, and sick leave.
Section 19.5 Lonf!evitv Pay. All Members shall receive, in addition to the pay rates established
in Section 19.1, a longevity payment based upon completed years of service with the City
according to the following schedule:
Years of 2005
Completed Service effective 01-01-2005
4-6 $675
7-10 $875
11-14 $1 , 1 00
15-19 $1,200
20 and more $1,375
Longevity pay shall be issued during the pay period in which the member's anniversary date of
appointment falls. The member will be paid in one (1) lump sum in the form of the regular
payroll check for that given pay period, which will be taxed at the member's W-4 rate.
Longevity Pay will be pro-rated in the following circumstances:
1) Should a Member actually retire upon approval from the appropriate Retirement System
prior to his or her anniversary date, longevity pay shall be pro-rated, at the rate in effect
as of the employee's previous anniversary date, on a per pay period basis and the
Member shall receive longevity pay for the pay periods the Member served in full pay
status prior to his or her established retirement date.
2) Should a Member be on unpaid leave during one or more pay period prior to his or her
anniversary date, longevity pay shall be pro-rated, at the rate in effect as of the
employee's previous anniversary date, on a per pay period basis and the Member shall
not receive longevity pay for the pay periods the Member was not in full pay status.
Section 19.6 Instant Bonus Prof!ram. All members in the rank of Police Officer, Corporal, and
Sergeant, shall be eligible for an "instant bonus" in accordance with the following terms and
conditions:
A. The Division of Police shall be allocated a proportional share of money for bonuses to
reward an individual member or a team of members for an exceptional effort in
implementing and completing a project or program that:
(1) Significantly enhances the efficiency or effectiveness of City operations,
or;
(2) Significantly exceeds expectations in the areas of performance or
customer service, or;
30
(3) Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the year.
C. An individual member may be eligible for one instant bonus in any calendar year.
The maximum bonus amount shall not exceed $1,000.00, however, the typical bonus
will be in the area of $250.00
D. Bonuses may be awarded upon written request of the member's supervisor and the
Chief of Police, detailing the member's achievement and recommending a bonus
amount. The bonus shall not be awarded unless approved by the Chief of Police and
the City Manager. All decisions regarding the award of bonuses shall ultimately be at
the discretion of the City Manager.
E. In the event the supervisor and Chief of Police believe that time off with pay would
be a more effective reward for excellence under this program, and the time offwill
not negatively affect the operation of the division, the Member may be awarded up to
eight (8) hours of paid leave in lieu of a monetary bonus. The monetary value of the
time off shall be deducted from the remaining balance of bonus funds available to the
division.
F. The supervisor will not inform the member of the bonus until it is approved by the
Chief of Police and City Manager.
G. To be eligible for a bonus, the member must demonstrate a clearly exceptional level
of effort and achieve an outcome that is superior.
H. Once the division's bonus funds are expended in a calendar year, there will be no
additional funds available to the division until the next calendar year.
Section 19.7 Shift Differential. Shift differential pay shall be provided under the following
circumstances, excluding hours in paid status while on approved leaves, restricted duty, and off-
duty court-time hours:
For all members regularly assigned to a shift which does not begin between 6:00
a.m. and 10:44 a.m., shift differential shall be applied to any hours worked. For
members regularly assigned to a shift which begins between 6:00 a,m. and 10:44
a.m., shift differential shall be paid between the hours of 5 :00 p.m. and 6:00 a.m.
Shift differential pay shall be applicable for 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 c1asses/coursework required by the Division including training to maintain
basic peace officer certification and training required for ancillary positions (i.e. Property
31
Officer, DARE Officer, Juvenile Officer, K-9 Officer, Firearms Officer). 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 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 January 1, 2006, the shift differential rate will be 95~/hour. Effective January 1, 2007,
this rate shall be increased to $1.OO/hour. ~
ARTICLE 20
RATES FOR MEMBERS FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 20.1 Temporarv Work Assitmment. If any Members performs the duties of a higher
rank, the Member shall be paid hour-for-hour at the wage rate of that higher rank for all hours
during which the Member performs such duties. In all cases, the basis for determining the
Office-In-Charge (O.I.C.) on any given shift shall be seniority. The most senior Officer assigned
to that shift automatically becomes O.I.c. Should the O.I.C. be required to leave work during
the shift, the second most senior Officer shall automatically become the O.I.c.
Section 20.2 Return to Dutv. Any Member who voluntarily resigns may be reinstated to the
same rank and Step if there is a need for the Member's 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 bottom of the appropriate re-employment list for the remainder of the two (2)
year period.
Section 20.3 Return from Militarv Service. Pursuant to the Ohio Revised Code Section
5903.03, any Member 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 subsequently is reinstated to
employment with the City, shall be entitled to receive compensation at the Step rate to which the
Member would have been entitled had service with the City not been interrupted by service in
the Armed Services.
Section 20.4 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 21
HOURS OF WORK AND OVERTIME
Section 21.1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days and sixty (60) consecutive hours off. This Section is
subject to the provisions in Sections 14.6 (D) and (E).
32
Section 21.2 Overtime. Members shall be compensated at straight-time rates for all hours in
paid status, except that all hours in excess of either eight (8) hours in paid status in any day or
forty (40) hours in paid status 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 Member's immediate supervisor.
Failure of the Member 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 Members requesting the same.
A Member's regular rate of pay for purposes of computing overtime shall be calculated to
include, as applicable, the following:
A. Straight time hourly rate of pay;
B. Shift differential hourly rate of pay;
C. Working out of rank hourly rate of pay differential;
D. Longevity payment. The applicable annual longevity pay amount, as referenced in
Section 19.5, shall be divided by 2,080 to determine an hourly amount. That hourly
amount will be multiplied by .5 and then multiplied by the number of overtime hours
worked in excess of 40 hours in paid status in each workweek. That amount shall then be
included in the regular payroll check issued for the pay period in which the overtime
work occurred
Section 21.3 Seventh Consecutive Day of Work. When a Member is required by an
appropriate supervisor to work on the seventh consecutive day within his/her scheduled work
week, and the Member has actually worked at least thirty-two (32) hours in the five (5) previous
days plus a minimum of three (3) hours on the sixth (6th) consecutive day of work, the Member
shall be compensated at the rate of double time for all hours worked on the seventh consecutive
day.
Section 21.4 Call In Pay/Court Pay. When a Member is either called in or scheduled in
advance for work by an appropriate supervisor, and the Member reports for said work more than
30 minutes before or after the completion of his or her shift, the Member shall be paid or credited
with a minimum of three (3) hours at the appropriate overtime rate. This provision shall apply
portal to portal to Members called in from off-duty for court appearances. Members, 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 a minimum of 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 Member must provide appropriate justification from the Court that he was required
to remain available for said time in excess of two (2) hours.
Section 21.5 Compensatory Time. At the election of the Member, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair Labor
33
Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or
two (2) times as applicable for hours for each one (1) hour of overtime worked. The maximum
number of accumulated compensatory hours permitted in a Members compensatory time bank, at
any point in time, shall be Two Hundred Forty (240). At the end of each calendar year, the
Member shall be permitted to convert up to fifty (50) hours of accrued Compensatory Time in
said bank to cash if, at the end of each year (December 31,) the Member has a minimum of fifty
(50) hours of compensatory time in his compensatory time bank. The calculation for converting
Compensatory Time to cash shall be the Member's established hourly rate of pay multiplied by
the number of hours the Member desires to convert. In the event the Member wishes to exercise
this option, it shall be his responsibility to forward a memorandum to the Department of Finance "..
specifying the number of hours he wishes to convert to cash, prior to December 31, of each year.
The cash conversion will then be paid as part of the normal payroll check which shall be
forwarded to the member on the scheduled pay date at the conclusion of the 1 st pay period in the
new year.
Compensatory Time shall be denied in instances where usage of such would reduce the shift
below minimum staffing levels.
Section 21.6 Payment For Accrued Compensatory Time Upon Separation. A Member who
has accrued compensatory time shall, upon the termination of employment for any reason, be
paid the unused compensatory time at the rate of pay received by the Member at the time of
separation. In the event of any Member's death, such compensation shall be paid to the
Member's surviving spouse or, secondarily, to his or her estate.
Section 21.7 Use of Casual Leave Time. Any request for casual leave of more than eight (8)
consecutive hours use shall be submitted at least seventy-two (72) hours in advance of its
requested usage. The notice period may be waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use may be submitted
with less than seventy-two (72) hours notice and may be approved by the shift supervisor
(Sergeant or Corporal) on the same shift, as scheduling and operational needs of the Division
permit such usage. Casual leave may be requested in multiples of one-quarter hours. Requests
for casual leave shall not be approved in any manner so as to interfere with annual vacation
scheduling.
For purposes of casual leave scheduling on a holiday, within 30 days preceding the holiday, an
officer's schedule shall not be changed to accommodate the request for casual leave unless the
officer affected has agreed. This does not preclude the Division from altering shift assignments
to maintain minimum staffing levels when illness or other emergency situations arise.
Section 21.8 Application to Special Duty. Special duty is defined as employment by a
separate and independent employer of a Member performing law enforcement or related
activities under provisions whereby the Division: 1) requires the Member be hired by a separate
and independent employer to perform such duties; 2) facilitates the employment of the Member
by a separate and independent employer; and 3) otherwise affects the conditions of employment
of the Member by a separate and independent employer. If a Member, solely at the Member's
options, agrees to be employed on special duty, the hours the Member is employed by a separate
34
and independent employer in law enforcement or related activities shall be excluded by the City
in the calculation of the hours for which the Member is entitled to overtime compensation.
"Special Duty" is also defined as any detail where Members perform Police duties for a public or
private entity in Dublin and required three (3) or less Officers. The Bargaining Unit and the city
hereby agree that a Labor Relations Committee shall be formed for the purpose of making
recommendations to the Chief of Police regarding rates, assignments, procedures, and guidelines
concerning "Special Duty". Said Committee shall be comprised of two (2) Members appointed
by the Chief of Police and three (3) Members appointed by the Bargaining Unit, and shall meet
at least once on an annual basis.
Any detail where a public or private entity requests four (4) or more Officers shall be designated
as a "Special Event". Guidelines, rates, assignments, and procedures for a "Special Event" shall
be set by the Chief of Police or designee.
Section 21.9 On-Call Pay. When a Detective or Technical Crash Investigator is placed in an
on-call status by the Division, the on-call Member shall receive a $1.05 per hour pay supplement
as compensation for all non-working hours in which the Members serves in the on-call status. In
addition to the off duty hours spent in the on-call status, the Member shall also receive the $1.05
supplement during on-duty hours, including their regularly scheduled eight-hour shift, when such
hours fall within the time frame (normally a 4 to 7 day block of time) the Member has been
designated to serve in the on-call status. This $1.05 per hour supplement shall be included in any
calculation of overtime and shall be paid as part of the Member's bi-weekly pay check.
ARTICLE 22
UNIFORMS, EQUIPMENT, AND ALLOWANCES
Section 22.1 Initial Issue. Upon appointment to the Division, each new uniformed Member
shall receive the items listed below:
6 long sleeve navy blue shirts (winter)
6 short sleeve navy blue shirts (summer)
1 8-point cap (summer-mesh cover) (winter-vinyl cover)
1 fur cap (winter)
1 raincoat
6 pairs dark blue pants (all weather)
3 plain navy blue neckties (clip-on)
1 jacket with appropriate City patches (lightweight with lining)
1 winter coat with zipper lining and appropriate City patches
1 pair all season plain-toed black uniform shoes
1 velcro belt
1 velcro gun belt
1 holster
1 double ammo case and two (2) speed loaders (or magazines, at Chiefs option)
1 set of handcuffs
1 hat badge
35
2 breast shields
1 tie tac
1 name plate
1 service weapon
1 walkie holder (if necessary)
1 set of Body Armor
1 baton, with specifications approved by the Chief
1 ball cap
Section 22.2 Chan2:e in Issuance. Should the required issuance of uniforms, uniform parts,
leather, or equipment for the entire Division be changed by the City, all Members shall be
provided the new uniforms, uniform parts, leather, or equipment at no cost to the Member. Body
Armor shall be replaced every five (5) years at the City's expense.
Section 22.3 Plain Clothes Issue. A Member, when assigned by the Chief to the Detective
Bureau for "Plain Clothes" duty, shall receive the following:
*$1,025.00 for appropriate clothing;
* 1 holster
* 1 ammo mag pouch
Section 22.4 Annual Uniform and Equipment Allowance. Effective January 1, 2005, each
uniformed Member, after his or her initial year of service, shall receive an annual uniform and
equipment allowance in the amount of $850. This allowance will be payable in two (2) semi-
annual installments. The first semi-annual payment shall be made on either the following March
30 or September 30, whichever next follows the Member's first anniversary date. Thereafter,
these semi-annual payments shall be made on March 30 and September 30 of each calendar year.
The uniform and equipment allowance shall be used by the Member to maintain his/her required
uniform, uniform parts, leather, and equipment including necessary replacement thereof.
Section 22.5 Annual "Plain Clothes" and Equipment Allowance. Effective January 1, 2005,
each plain clothes Member, after his initial year of service in the Detective Bureau, shall receive
an annual allowance in the amount of $850 payable in two (2) semi-annual installments. The
first semi-annual payment shall be made on either the following March 30 or September 30,
whichever next follows the Member's first anniversary date of plain clothes assignment.
Thereafter, these semi-annual payments shall be made on March 30 and September 30 of each
calendar year.
Section 22.6 Required Purchases. Uniformed Member's shall be required to purchase uniform
parts and equipment as defined by appropriate orders, regulations, codes, or other policies of the
Chief and City Manager. Plain clothes Member's will be expected to purchase the needed
clothing and equipment to function as a plain clothes Member's of the Division, as required by
appropriate orders, regulations, codes, or other policies of the Chief and City Manager.
Section 22.7 Drv Cleanin2:. The Employer shall provide uniform cleaning at no cost to the
Member. In any week, a Member shall be entitled to have laundered/cleaned up to ten (10)
36
uniform items. In addition, each Member shall be permitted to have his/her winter coat and hat
cleaned once each year. Uniform items for non-uniformed members shall be defined as items of
regular work clothing. 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
provision of such services.
Section 22.8 Dama2:ed. Destroved. Lost Personal Property. In general, personal property of
a Member, 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$125.00
on a per occurrence basis. Requests for replacement of damaged personal property must be
submitted in writing to the Chief identifying the circumstances under which the damage occurred
and the type, brand name, model, value, condition prior to damage etc. of said property, together
with the damaged property. If such request is subsequently approved, the Member shall be
reimbursed for the purchase of replacement personal property which, in all respects, is
substantially similar to that which was damaged, up to the maximum value identified above,
provided that the Member 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 $125.00 maximum reimbursement shall include initial issue items listed in Section
22.1, eyewear and off-duty service weapons, the maximum reimbursement for which shall be the
replacement value of said items.
Personal property of a Member, 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 $125.00 on a per occurrence basis, if it can be shown that reasonable precautions had
been taken by the Member to prevent such loss. Requests for the 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 Member may be reimbursed for the
purchase of replacement personal property which, in all respects, is similar to that which was
lost, up to the maximum value identified above, provided that the Member 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 $125.00 maximum reimbursement
shall include eyewear, off-duty service weapons, Body Armor, and items specifically provided
only to Members on Bicycle or Motorcycle details, the maximum reimbursement for which shall
be the replacement value of said items.
For purposes of this Section of the Contract, personal property shall include uniform parts as
identified under Section 22.1 (Initial Issue).
Section 22.9 Termination. Upon termination, Members shall return to the Division all
Division-issued uniforms and equipment in good condition, minus normal wear. Upon
retirement to receive either service retirement or disability benefits, under honorable conditions,
the City Manager may permit a Member to purchase his issued service weapon for one dollar
($1.00).
37
ARTICLE 23
VACATION LEAVE
Section 23.1 Vacation Year. The vacation year for Members shall end on the last day of the
payroll calendar year.
Section 23.2 Conditions for Accrual. Members shall accrue vacation leave by pay period at
the annual rate set forth in Section 23.3, based upon years of continuous active service. Anew
Member having less than one year of prior public service as defined in Section 23.8, shall accrue
but not use vacation until completion of six (6) months of service with the City. A new Member
with more than one (1) year of prior public service shall be entitled to accrue and use vacation
leave immediately upon appointment in accordance with the schedule in Section 23.3. In
addition, a Member shall not earn hislher full vacation accrual in a given pay period unless
he/she is in full pay status (i.e. on duty or on approved leave with pay) in the entire pay period.
In the event a Member is not in full pay status during the entire pay period, he/she shall accrue
vacation leave on a pro-rated basis taking into account the number of hours in full pay status
during the pay period and hislher rate of accrual at that given time. The formula for pro-rating
the Members accrual under such circumstances shall be the number of hours in full pay status
multiplied by the converted hourly accrual rate.
Section 23.3 Accrual Schedule for Vacations. Each Member shall be entitled to vacation
leave based upon the following vacation accrual schedule:
Completed Years of Public Service Accrued Vacation (Hours Per Year)
o Year - 1 Year 80 Hours
2 Years - 4 Years 108 Hours
5 Years - 10 Years 142 Hours
11 Years - 15 Years 174 Hours
16 Years - 20 Years 200 Hours
21 Years or more 230 Hours
Section 23.4 Vacation Carry-Over. A Member with fewer than eleven (11) completed years
of public service may automatically carry over from one payroll calendar year to the next a
maximum of 160 hours of vacation leave previously earned but not used. A Member with eleven
(11) or more completed years of public service may carry-over a maximum of 200 hours of
vacation leave from one payroll calendar year to another payroll calendar year. A Member may
carry-over more than these maximum number of 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 23.5 Vacation Scheduline/U se. The Division shall attempt to honor all vacation
requests in the following manner with the understanding that all vacation leaves shall be taken at
such time or times at the discretion of and as approved by the Chief of Police.
A. Annual Scheduling. In January, the Division shall post a vacation schedule.
Members shall submit written requests for vacation leave by February 1. In cases
38
of conflict, Departmental seniority shall control as to granting of requests for
vacation leave. In the event a Member's request is disapproved, that member shall
have 72 hours to resubmit an alternate request for consideration. During said 72
hour period of time, vacation requests from other less senior members shall not be
approved. In the event the member does not resubmit his alternate request within
said 72 hour time period, vacation requests from other less senior members may
then be approved. When vacation leaves are to be scheduled on an annual basis,
no compensatory time or personal leave requests shall be approved during this
period (January of each year) for months other than January and February of the
calendar year.
B. Casual Scheduling. For other than annual scheduling, or scheduling of leave on
holidays, Members may on a first-come basis request occasional use of vacation
leave. Requests of eight (8) hours or less usage will be acted upon by the shift
supervisor, where practicable, during the tour of duty in which the request is
made. If no conflict in scheduling occurs, the Member's request shall be honored.
C. Incremental Usage. Vacation leave may be taken in multiples of one-quarter (1/4)
hour.
D. Vacation Leave shall not be used to artificially extend the separation date of a
Member's resignation from employment with the City of Dublin. The effective
date of a Member's resignation from employment shall be the same as the
Member's last day worked.
Section 23.6 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, member ordered to work while on approved vacation
leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours of pay for
each such call in.
Section 23.7 Payment for Accrued Vacation Leave Upon Resi2nation/Separation and
Death. Members who are laid off, who resign with two week's notice, or who are separated
from City service shall be paid all unused but accrued vacation to which they are entitled at the
rate of pay in effect at the time of separation. In the event of a Member's death, such
compensation shall be paid to the Member's surviving spouse, or secondarily, to his estate.
Section 23.8 Prior Public Service Credit. A Member of the City, who has prior public service
with any state government or any political subdivision thereof, is entitled to receive credit for
his/her prior service with such employers for the purpose of computing the amount of his/her
vacation leave with the City of Dublin, provided the nature of this service is relevant to the
nature of his/her service with the City of Dublin, and provided the City receives written
verification of such prior service from such prior public employer.
39
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for all Members:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 24.2 Special Holidays. 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.
Section 24.3 Holiday Work. Each holiday which is observed on a member's regularly
scheduled workday shall be worked by the member unless the member is excused from work.
However, the Division may schedule the workforce as necessary to provide adequate coverage to
the City.
Members may request to be scheduled off on a particular holiday by timely request to the Chief
of Police or designee. Such request shall be granted as long as the request does not substantially
degrade service to the community. Conflict involving multiple requests shall be resolved on a
seniority-within-ranks basis.
Section 24.4 Holiday Pay.
A. If a holiday falls on a Member's regularly scheduled day off, and the Member is not
required to work the holiday, or if the Member is excused from work, the Member shall
receive eight (8) hours compensatory time at the straight time rate, provided that the
Member was not absent without authorized leave on either the work day before or after
the holiday. A Member 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 a Member works a holiday on his or her regularly scheduled workday, he or she
shall be entitled to:
1. Regular rate of pay for all hours worked if eight (8) hours or less are worked, and
the rate of double time the regular rate of pay for any hours worked in excess of
eight (8) hours;
2. At the Member's option, eight (8) hours payor eight (8) hours compensatory time
at the regular rate of pay; and
40
3. One-half hour of compensatory time at the regular rate of pay for each hour
worked.
C. When a Member works a holiday on his regularly scheduled day off he shall be entitled
to:
1. Double time pay for all hours worked;
2. At the Member's option, eight (8) hours payor eight (8) hours of compensatory
time at the regular rate of pay.
Section 24.5 Comp Time. Personal Leave. Vacation Leave on Holidays. For purposes of
casual leave scheduling on a holiday, within thirty (30) days preceding the holiday, a member's
schedule shall not be changed to accommodate the request for casual leave unless the affected
member agrees. This does not preclude the Division from altering shift assignments to maintain
minimum staffing levels when illness or other emergency situations arise.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Personal Leave. Effective the first pay period of January of each year, each
Member, who is in full pay status at such time, shall receive four days (32 hours) of personal
leave. However, new Members appointed throughout the year shall receive a pro-rated
allocation of Personal Leave in accordance with 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 30 24 Hours (3 days)
July 1 through September 31 16 Hours (2 days)
October 1 through November 30 8 Hours (1 day)
December 1 or Later None
In the event a Member is not in full pay status at the time personal leave is normally allocated to
each Member, yet returns to full pay status at some point thereafter, the amount of that Member's
Personal Leave allocation shall be pro-rated. For every pay period the Member has been in less
than full pay status, 1.25 hours of Personal Leave shall be deducted from the normal 32 hour
annual allocation. Sixteen (16) hours (2 days) of Personal Leave may be used, on two occasions
annually, at the Member's discretion, provided that the Member gives at least two (2) hours of
call-off notice prior to the start of the Member's shift. Personal Leave hours used in this fashion
applies only to those Members within patrol units and must occur by November 15th. In
addition, only one (1) Member per shift will be approved for Personal Leave usage in this
manner. Personal Leave requested in this manner shall not be granted during designated "No
Time Off" situations. Any Personal Leave not used in this fashion is subject to sufficient prior
41
notice and prior approval of the Member'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 Leave shall not be used to artificially extend the separation
date of a Member's resignation from employment with the City of Dublin. The effective date of
a Member's resignation from employment shall be the same as the Member's last day worked.
If a Member is laid off, terminated, or separates service, the Member will be compensated for
unused personal leave at the rate of pay at the time of the separation. The Member must provide
at least ten (10) calendar days' written notice prior to separation or resignation in order to receive
this compensation. A Member will not be compensated for unused personal leave if he or she
resigns or is terminated within hislher one (1) year probationary period.
Section 25.2 Pavment for Unused Personal leave Upon Lavoff or Death. In the event a
Member is laid off from City service, said Member shall be compensated for all unused personal
leave at the rate of pay in effect at the time of layoff. For any other form of separation, no
compensation will be provided to the Member for unused Personal Leave. In the event of the
Member's death, such compensation shall be paid to the Member's surviving spouse, or
secondarily, to hislher estate.
ARTICLE 26
INSURANCE
Section 26.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
the eligibility requirements of the plan. Said benefits will be made available with no contribution
on the part of the employee other than the required deductibles, co-payments, co-insurance, and
annual out-of-pocket maximum associated with the program. The plan design of this program
shall be substantially the same as that in effect on December 31, 2004 and shall remain in effect
until December 31, 2007, with the following exceptions, all of which shall become effective
upon execution of the successor Agreement: "
Medical
Emer!!encv Room
. A $50 charge shall be applied to each visit to the emergency room of any hospital (in
addition to any applicable deductibles/co-payments). This $ 50 charge does not apply
for the out-of-pocket maximum. This $50 per visit charge shall be waived if admitted
to the hospital through the emergency room.
Prescription Dru!!s
. The co-payment for brand name drugs obtained at the retail pharmacy shall be
$25.00. Should no generic drug be available, or should the employee's doctor
prescribe a brand name drug under "dispense as written" instructions, the employee
shall only be required to pay the generic co-payment.
42
. The co-payment for generic drugs obtained at the retail pharmacy shall be $ 10.00.
. The co-payment for a three-month supply of generic drugs obtained through mail
order shall be $10.00; effective January 1, 2006, this co-payment shall be increased
to $15.00.
. The co-payment for a three-month supply of brand name drugs obtained through
mail order shall be $20.00; effective January 1, 2006, this co-payment shall be
increased to $30.00. Should no generic drug be available, or should the employee's
doctor prescribe a brand name drug under "dispense as written" instructions, the
employee shall only be required to pay the generic co-payment.
Co-Insurance Provision
. A separate Co-Insurance amount shall be implemented for "in-network" and "out-of-
network" medical services.
. An 80/20 Co-Insurance Provision (Plan pays 80%, plan member pays 20%) shall be
implemented for "out-of-network" general medical services. (The current 90/10 Co-
Insurance provision shall be retained for "in-network" services.)
. The coverage level for "in-network" diagnostic testing, x-rays, and lab work shall be
improved by changing the Co-Insurance from the current 80/20 to 90/10. (The
current 80/20 Co-Insurance for diagnostic testing, x-rays, and lab work shall be
retained for "out-of-network" diagnostic testing, x-rays, and lab work.)
Out-of-Pocket Maximums
. The following schedule of Out-of-Pocket Maximums for "in-network" and "out-of-
network" services shall be implemented:
OUT-OF-POCKET MAXIMUMS
IN-NETWORK
Year Single Coverage Family Coverage
2005 $500 $1,000
OUT-OF-NETWORK
Year Single Coverage Family Coverage
2005 $750 $1,250
Beginning 1-1-2006 $1,000 $1,500
43
. The annual Out-of-Pocket Maximum can be reached by a family in two ways.
Should anyone family member reach the single annual out-of-pocket amount under
this schedule, hislher claims shall be paid at 100% from that point forward the
remainder of the calendar year; or should all family members' out-of-pocket expenses
combined reach the family annual maximum out-of-pocket amount, every family
member's claims shall be paid at 100% from that point forward the remainder of the
calendar year.
,r,..lo
Section 26.2 Liabilitv Insurance. The Employer shall maintain, subject to availability, Law
Enforcement Liability insurance coverage for all Members for the duration of this Agreement.
The Employer shall pay the annual premium for such coverage. Whether or not insurance
coverage is available, the employee shall be indemnified and held harmless by the City, provided
the Member acted within the scope of his assigned duties in the situation/incident out of which a
claim or lawsuit arises.
Section 26.3 Chanl!e in Carriers. If it becomes necessary to change carriers, and such change
would affect the benefits under the plans, the Employer agrees to meet with representatives of
the Lodge prior to implementing the change in order to negotiate the impact of any proposed
change.
Section 26.4 Life Insurance. Effective upon execution of this agreement, the City shall provide
group term life insurance coverage in the amount equal to 1.5 times each member's annual base
compensation rate, with a minimum coverage level of $75,000 and a maximum coverage 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 31 st of each
year shall be used to calculate the amount of life insurance the member will have the following
year (e.g. annual base compensation level in effect on 12-31-2004 shall be used to calculate the
life insurance amount the member will have during the 2005 calendar year). In addition, the
coverage reduction provisions within the existing life insurance policy in effect as of December ""~
31, 2004, which begins at age 65, shall remain in the life insurance policy under the new
Agreement. This coverage amount shall be doubled for a Member killed in the line of duty.
ARTICLE 27
SICK LEA VE
Section 27.1 Sick Leave Accrual. All Members shall be entitled to sick leave with pay accrued
at the rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation,
with the exception that a Member shall earn the full sick leave accrual each pay period only if the
Member is in full pay status for the entire pay period. In the event the Member is not in full pay
status for the entire pay period, he/she shall accrue sick leave at the rate of .069 hours for each
one (1) hour in full pay status during the pay period. New Members 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.
44
Section 27.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Personal illness or physical incapacity.
B. Illness or physical incapacity of a Member's immediate family member requiring the
Member's personal care and attendance. Immediate family, for the purpose of this
Section, is defined as mother, father, spouse, son, daughter, stepson, stepdaughter, person
for whom the Member serves in loco parentis, or legal guardian who stands in place of a
parent. Members shall be permitted to petition the City Manager for usage of Sick Leave
for illnesses to family members outside the definition of immediate family. The City
Manager shall evaluate such requests and may, on case-by-case basis, approve such
requests, at hislher discretion.
C. Enforced quarantine of the Member in accordance with community health regulations.
D. Where injury leave has expired and the Member must be absent from work for an
additional period.
E. Sick leave may be requested for other members of a Member's household, and may be
approved by the City Manager on a case-by-case basis.
A Member contemplating absence on sick leave shall inform the Division of the fact, except in
the case of provable inability to make a phone call, and provided further that such calls shall be
made as soon as possible thereafter.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one quarter (114) hour increments, ifneeded.
A doctor's certificate, or other proof of illness, may be required for sick leave use if, in the
judgement of the Employer, there may be some questions as to the legitimacy of the need for
sick leave. Abuse of sick leave may be cause for disciplinary action.
Section 27.3 Conversion of Sick Leave. A Member shall be entitled to the conversion of
hislher accumulated but unused Sick Leave as follows:
A. Conversion Upon Separation
The member may convert hislher sick leave subject to all of the following conditions:
1) The Member separates employment while in good standing (member's separation must
not be for just cause) with the City;
2) The Member has at least fifteen (15) years of full-time public service, ten (l0) of which
must be full-time continuous service with the City of Dublin; and
45
3) The Member must have a Sick Leave Balance of at least nine hundred (900) hours at the
time of separation;
The rate of pay for such accumulated sick leave shall be at the Member's straight time hourly
rate of pay at separation multiplied by one-third (1/3) of the total number of accumulated sick
leave hours. Total payment under this provision shall not exceed 600 hours 75 paid days). In the
event a Member dies while in the employ of the City, except as provided in paragraph (C) of this
section, and the Member has at least fifteen (15) years of full-time public service, ten (10) of
which is full-time continuous service with the City, his or her spouse, or secondarily his or her
estate, shall be paid the aforementioned rate of redemption for accumulated unused sick leave.
B. Annual Conversion
During December of each year, each Member may convert a portion of hislher accrued
but unused Sick Leave to a cash payment subject to all of the following conditions:
1. The Member must have a sick leave balance of at least seven hundred and twenty
(720) hours at the end of the first pay period in December;
2. The Member must have 40 hours or less of sick leave usage for the past 12 months as
of the end of the first pay period in December (FMLA protected leave exempted);
3. The Member may convert no more than 20 hours of sick leave to pay;
4. Sick leave shall be converted at the rate of one (1) hour of sick leave to one (1) hour
of pay at the straight time hourly rate of pay;
5. Once sick leave is converted to pay, it shall not be converted back to sick leave.
C. Killed in the Line of Dutv
If a Member is killed in the line of duty, his or her surviving spouse, or, secondarily, his
or her estate, shall be paid for one hundred percent (100%) of the value of the Member'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 Member.
Section 27.4 Sick Leave Transfer from Prior Public Emulover. Any Member who has
accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the Member 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.
46
ARTICLE 28
INJURY LEAVE
Section 28.1 Iniury Leave with Pay. Injury Leave shall be granted, subject to the approval of
the City Manager or designee, for a period of time up to one hundred eighty (180) calendar days
for each injury. This one hundred eighty (180) calendar days of leave must be used within one
(1) calendar year of the member's date of injury. This provision as to use of injury leave shall
apply to any injury which occurs on or after the date of execution of this Contract.
Injury is defined as a service-connected disability which interferes with a Member's ability to
perform his or her normal work duties, and which has been reported to the Member's immediate
supervisor not more than three (3) days from the date such injury occurs.
Simultaneous with the request for injury leave, the Member may also make application and
actively prosecute a claim for benefits under the Workers' Compensation Law of Ohio. If
application for benefits under the Workers' Compensation Law is favorably considered, the
Employer's obligation under the continued use of injury leave shall be the monetary difference
between the Member's straight time rate of pay and the benefits received under the Workers'
Compensation Law.
It is the intent of the Employer to assure the Member of full pay while on injury leave,
considering benefits from Workers' Compensation and the Employer in the aggregate.
In cases where injury leave or sick leave is necessary, the Chief of Police may internally address
a light duty work policy which will provide for the attempted placement of Divisional personnel
who are unable to perform in their normal capacity.
ARTICLE 29
SPECIAL LEA YES
Section 29.1 Leave With/Without Pay.
A. Leave Without Pay. Leave without pay may be granted, upon the approval of the City
Manager, or designee, if requested in writing by the Member. A Member on leave
without pay shall not accrue sick leave or vacation leave benefits, and, except for the time
spent on FMLA leave, the Member will be required to pay 100% of the cost associated
with maintaining his or her medical, dental, and/or vision coverages if the member
wishes any or all of said coverages continued. Failure of any Member to report promptly
at the expiration of such leave of absence shall be considered as a resignation. Leave
without pay may be granted for:
1. Personal Leave. A leave without pay may be granted at the discretion of the City
Manager, or designee, for personal reasons not to exceed thirty (30) days without
loss of seniority, if the Member can be spared. This unpaid leave may be
extended only with the written approval of the City Manager, or designee. Any
47
request for an extension must be submitted in writing a minimum of two (2)
weeks prior to the requested date of the extension.
2. Extended Illness or Accident Leave. A leave without pay may be granted to a
Member for a period not to exceed one (1) year without loss of seniority when
such Member is physically unable to report for work because of illness or
accident. The Member must promptly notify the Chief of the necessity therefore
(and the Chief shall transmit the request to the City Manager, or designee, for
approval). The Member must supply certification from a qualified physician
attesting to the necessity for such absence.
3. Maternity Leave. A maternity leave without pay may be granted to a Member,
without loss of seniority, upon approval of the City Manager, or designee.
Extension of the leave may be granted for a period not to exceed one (1) year, if
the Member's physician states in writing that such an extension is needed for
recuperative health reasons.
4. Probationary Period Leave. Leave without pay during the probationary period
shall not be counted part of the probationary period.
B. Leave With Pay. Leave with pay may be granted for good and sufficient reasons which
are considered to be in the best interest of the City, by the City Manager, or designee, but
only in the event of extraordinary circumstances.
Section 29.2 Jurv Dutv Leave. Leave with pay may be granted to a Member in order that
he/she may serve required jury duty, or if he/she is required by law to appear in a case resulting
directly from the discharge of his duties as a City employee. In such cases, all witness or jury
fees shall be signed over to the City.
Section 29.3 Bereavement Leave.
A. In the event of death in the immediate family, a Member shall be entitled to up to three
(3) consecutive paid work days for a funeral service and/or burial, charged against the
Member's existing sick leave balance, and an additional two (2) days for such services
out of state, if needed for these purposes, also charged against the Member's existing sick
leave balance.
B. The immediate family for purposes of bereavement leave shall include: spouse, son,
daughter, brother, sister, parent, legal guardian, person who stands in place of a parent,
grandparent, 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, half sister, aunt, uncle and any other
relative living in the home of the Member.
48
Section 29.4 Militarv Leave. Except as may otherwise be specifically provided herein, a
Member may be granted a leave of absence without pay to be inducted or otherwise enter
military duty.
A member 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 176 hours in anyone (1) calendar year. A member 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 176 hours at his or
her regular compensation rate less whatever compensation the member may receive for such
military service. If the member's military compensation exceeds the compensation the member
is otherwise entitled to from the City, the member will not be entitled to any additional
compensation from the City.
Section 29.5 Familv and Medical Leave. Pursuant to the Family and Medical Leave Act
("FMLA") of 1993, FMLA leave may be granted to a Member who has been employed for at
least twelve (12) months by the City and who has provided at least 1,250 hours of service during
the twelve (12) months before the leave is requested. The leave 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 Member, if such spouse, son, daughter, parent, or "in loco parentis" has a serious health
condition;
. Because of a serious health condition that makes the Member unable to perform his/her
employment functions.
The Member must provide the City with thirty (30) days advance notice of the leave, if such
leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice is not
possible. The Member 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 Member, a
third opinion, at the City's expense, shall be sought from a mutually agreeable physician, which
shall be binding on both the Member and the City.
A Member seeking FMLA leave must first use paid sick time (if applicable), vacation and
holidays before going on unpaid leave. The total amount of family leave paid and unpaid will
not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to
family leave are both employed by the City, the aggregate number of workweeks of leave to
which both may be entitled may be limited to twelve (12) weeks taken because of the birth of a
child or placement for adoption or foster care of a child. The Member will be responsible for
his/her share of the health insurance cost (if any) during the unpaid leave. If the Member does
49
not return from the leave, he/she is responsible for payment to the City of the monthly
Single/Family rate paid by the City on behalf of the Member during the leave. The City may, at
its sole discretion, waive the repayment of such amount. The City will be responsible for the 30
day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993 and the
City may promulgate policies in furtherance of the Family and Medical Leave Act that are not
inconsistent with this Agreement.
ARTICLE 30
TRAINING AND TUITION REIMBURSEMENT
Section 30.1 Traininl!. In recognition of the value of continuing education and professional
development of Members, the City shall establish a goal of sixty (60) hours of annual training for
Members at the City's expense. This training may be either initiated by the City pursuant to a
training schedule or by the Member, with the approval of the Chief of Police or his designee.
The training shall be related to a Member's performance of his job duties or in preparation for
job duties which may be assigned to the Member after completion of training. Reasonable
efforts shall be made to accommodate the training to the Member's regular work schedule. The
City shall endeavor to provide as much advanced notice as practical to Members regarding their
training schedules. In that this training is a work-related duty, the Member shall receive all pay
and benefits to which he/she is otherwise entitled during training.
The expense for Members 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. Meals when not provided by the tuition.
C. The current rate for mileage, as determined by the IRS, when aH Member is not provided
with a City-owned vehicle. Where overnight lodging is provided at the City's expense, a
Member will only be reimbursed for mileage to and from the training facility on one
occasion each way unless otherwise approved or directed by the Chief. All other travel
shall be considered to be non-work-related and non-reimbursable. Bus, train, or airfare at
coach rate shall be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular working
hours.
50
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs (A) and (D) of this Section.
Travel Time (Time in Transit), when it involves travel away from home overnight, shall be
considered work time and therefore, compensable. Leisure time and sleep time are not
considered work time and therefore, are not compensable.
Section 30.2 Tuition Reimbursement.
A. Reimbursement Program. Effective January 1, 2005 each Member shall be eligible for a
maximum of Three Thousand Dollars ($3,000) in reimbursement per calendar year for
fees and required textbooks, and job-related courses/degree programs of instruction
voluntarily undertaken. This reimbursement shall be increased to $3,250, effective
January 1, 2006.
B. Necessary Approval. All course work subject to reimbursement shall be transmitted, in
advance and through the Chief of Police to the Director of Human Resources/
Procurement 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
Human ResourceslProcurement. If practicable, a Member shall make application for
approval of course work reimbursement at least fifteen (15) days prior to commencement
of the course of study. The Director of Human ResourceslProcurement shall evaluate the
Member's course workJdegree program for job-relatedness and shall notify the Member,
in writing, regarding his approval/disapproval of said course workJdegree program on
that basis. The City agrees that approval of course workJdegree program will not be
unreasonably withheld. A Member 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 Member need not reapply for approval for
each course within the portion(s) approved. If all or part of the program/course work is
disapproved by the Director of Human Resources/Procurement, the Member may appeal,
in writing, said disapproval directly to the City Manager within 72 hours of notification
from the Director of Human ResourceslProcurement. The City Manager will issue a
written decision on the Member's appeal within five (5) working days of receiving said
appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working hours,
unless approval is obtained from the Chief of Police, or designee, to take such courses on
duty time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of
the course with a grade of C (2.00) or better. The Member shall submit an official
transcript or certificate demonstrating successful completion of the course and a receipt
from the institution confirming that the Member has paid for tuition, fees, and required
textbooks. Any financial assistance available to a Member shall be deducted from the
51
amount of tuition reimbursement that would otherwise be payable. The Member 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.
E. Pay Back Obligation. Effective January 1, 2003, in the event a Member separates his or
her service with the City within one year of receiving tuition reimbursement, the Member
shall pay back 100% of the reimbursement received in the prior twelve months for a
Degree Program or continuing course of study. If such separation occurs within the
second year after tuition reimbursement is received, the Member shall pay back 50% of
the reimbursement received in the prior twelve months for a Degree Program or
continuing course of study. No such payback shall be required where a Member is
separated from service due to a layoff or receipt of a disability retirement. Any pay back
obligation must be satisfied within one (1) year of the Member's separation date.
ARTICLE 31
FIELD TRAINING OFFICERS
Section 31.1 Compensation. Any bargaining unit member who serves as a Field Training
Officer shall be entitled to two (2) hours of compensatory time for every eight (8) hours of
training time spent with the trainee.
ARTICLE 32
CANINE UNIT
Section 32.1 Compensation for Care and Maintenance of Division Canine. A Division
canine will be the property of the Employer and will be licensed in accordance with all State and
Local laws as such. The Employer will provide all food, equipment, insurance and veterinary
services for the canine. The Canine Officer will be responsible for the care and maintenance of
the assigned canine. The canine will live with the Member inside hislher residence and will not
be permitted to be kenneled on hislher property. The Canine Officer will be assigned a normal
duty shift not to exceed seven (7) hours per day unless an overtime assignment requires himlher
to work overtime. The Canine Officer will be paid for an eight (8) hour shift. The one hour of
compensation for each normal working day will be used for the care and maintenance of the
canine including but not necessarily limited to cleaning, feeding and caring for the canine during
the Member's off-duty time on any given work day. Travel time to and from the Canine Officer's
normal duty assignment does not constitute any part of hislher shift. Four (4) hours of
compensatory time per fourteen (14) day period will be earned by the Canine Officer for the care
and maintenance of the canine on the Member's normal days off. Work performed on a normal
day off other than canine care and maintenance shall be paid at the applicable overtime rate. Due
to the nature of this assignment, the Canine Officer agrees to be "on call" by pager with the
understanding that hislher services may be requested at any time, day or night. Should the
Canine Officer not be available to respond to a request for service during hislher normal time off,
the Canine Officer shall not be subject to disciplinary action. However, repeated failure to
respond to requests for service during normal time off is grounds for a re-evaluation of the
52
specific Member's commitment to the program and could be used as part of assessing whether
the Member is to be retained in the position of Canine Officer. There shall be no compensation
given until his/her services are requested and the Canine Officer has actually left his/her
residence in response to a "call out".
ARTICLE 33
EMPLOYEE INCENTIVE PROGRAMS
Section 33.1 Emplovee Incentive Proerams. Members shall be eligible for employee incentive
programs (e.g. Personal Computer Purchase Program, Wellness Program incentives/awards, etc.)
offered to other non-bargaining unit employees of the City. Eligibility to participate in these
incentive programs and receipt of any awards through these programs shall be governed by the
written program rules, regulations, and requirements as approved by the City Manager.
Section 33.2 Emplovee Discounts. Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to Members and non-
bargaining unit employees alike. Likewise, any Council approved modifications to present or
future discounts will also be applied to Members and non-bargaining unit employees alike.
ARTICLE 34
DURATION
Section 34.1 Duration. All of the provisions of this Agreement shall become effective January
1,2005, unless otherwise specified. This Agreement shall continue in full force and effect until
December 31, 2007.
Section 34.2 Sienatures. Signed and dated at Dublin, Ohio on or as of this day of
,2005.
Jane Brautigam, City Manager Leif Bickel, President
City of Dublin Fraternal Order of Police,
Capital City Lodge #9
53
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017
CITY OF DUBLIN~ Phone: 614-410-4401 . Fax: 614-410-4490 Memo
To: Members of City Council
From: Jane S. Brautigam, City ManagefJ ~ s. ~~
Date: April 14, 2005
Re: Resolution Adopting City Council Goals for 2005 - 2006
Summary:
Attached please find a draft resolution for the adoption of City Council Goals for 2005-2006, as
developed at the March 11, 2005 Goal Setting retreat. These goal statements reflect the
comments made in the report prepared by Carl Neu and distributed in the packet for the April 4,
2005 Council meeting. You will note that:
. The language for Goal 05-02 concerning economic development has been newly worded;
. New Goal 05-05 is moved to a High Priority Goal;
. Goal 05-08 regarding Coffman Park has been modified to require consideration of
appropriate locations for the new municipal building and other public buildings; and
. New Goal 05-10 has been slightly modified to clarify the fact that the long range vision
for the integration of parks, pedestrian facilities and open space will also include
elements of public art.
Recommendation:
Review of the attached resolution for discussion and comments; adoption of resolution.